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Enrolled Senate Bill (S)

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DIGEST

Cemetery maintenance expenses. Defines "immediate maintenance needs" of a cemetery and specifies that the income from a cemetery's perpetual care fund may be used to meet the cemetery's immediate maintenance needs. Provides that money in a cemetery's perpetual care fund may be invested in certificates of deposit, mutual funds, money market mutual funds, and other interest bearing accounts or funds. Allows a cemetery to obtain maintenance funds from the state consumer protection fund for cemetery maintenance (fund) if the appreciation and income of the principal of the cemetery's perpetual care fund are not sufficient to meet the cemetery's immediate maintenance Cemetery maintenance expenses. Defines "immediate maintenance needs" of a cemetery and specifies that the income from a cemetery's perpetual care fund may be used to meet the cemetery's immediate maintenance needs. Provides that money in a cemetery's perpetual care fund may be invested in certificates of deposit, mutual funds, money market mutual funds, and other interest bearing accounts or funds. Allows a cemetery to obtain maintenance funds from the state consumer protection fund for cemetery maintenance (fund) if the appreciation and income of the principal of the cemetery's perpetual care fund are not sufficient to meet the cemetery's immediate maintenance needs. Allows the state board of funeral and cemetery service (board) to authorize a withdrawal of up to $50,000 from the fund in response to an application concerning a cemetery in need of emergency maintenance. Authorizes the board to suspend the requirement that cemetery owners make payments to the fund if the fund balance equals or exceeds $500,000. (Under current law, the requirement to make payments to the fund can be suspended if the fund balance equals or exceeds $250,000.) Provides, for purposes of the law concerning township care of cemeteries, that the maintenance of a cemetery includes mowing the lawn. Authorizes the trustee of a township to provide financial assistance for maintenance purposes to a cemetery that is operated by a nonprofit organization and located in the township if the trustee reasonably believes that: (1) the funds available to the cemetery from its perpetual care fund and other sources are not sufficient to provide for the necessary maintenance of the cemetery; and (2) providing financial assistance to the cemetery will help to prevent the full responsibility for maintenance of the cemetery from falling on the township. Provides that those cemeteries that are ten acres or less in size may not access the consumer protection fund for cemetery maintenance. (Current law provides that cemeteries that are: (1) ten acres or less in size; (2) owned and operated by a nonprofit mutual association in existence on June 14, 1939; and (3) in which burials took place before June 14, 1939; could not access the consumer protection fund for cemetery maintenance.) Provides that a member of the state board of funeral and cemetery service may serve not more than two consecutive terms on the board. Eliminates the consideration of a board member's service on the state board of embalmers and funeral directors as a limitation on the number of terms the member may serve on the state board of funeral and cemetery service. ... View more