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MI SB1378

Bill

Status

Passed

12/29/2010

Primary Sponsor

Tony Stamas

Click for details

Origin

Senate

95th Legislature

AI Summary

  • Amends the prepaid funeral and cemetery sales act to update escrow investment requirements for guaranteed price contracts to reference the estates and protected individuals code (1998 PA 386, MCL 700.7803) instead of prior law.

  • Establishes phased-in escrow requirements for cemetery merchandise funds, increasing from 60% (before January 1, 2006) to 80% (after December 31, 2008) of prepaid contract funds that must be held in escrow.

  • Allows contract sellers or providers to charge a commission of up to 10% of contract price that is not subject to escrow requirements, with commission rates limited to the specified percentage per installment if paid in installments.

  • Restricts escrow agent investments to deposits in interest-bearing accounts for nonguaranteed price contracts and limits guaranteed price contract investments to those complying with the Michigan trust code, excluding investments with affiliated entities or loans to connected persons.

  • Requires escrow agents to send deposit notices to contract buyers and provide annual statements showing account balance, fees charged, cancellation refund amounts, and escrow agent contact information.

Legislative Description

Probate; trusts; cross-reference to the estates and protected individuals code in the prepaid funeral and cemetery sales act; correct to reflect adoption of Michigan trust code. Amends sec. 12 of 1986 PA 255 (MCL 328.222).

Probate, trusts

Last Action

Assigned Pa 0327'10 With Immediate Effect

12/29/2010

Committee Referrals

Judiciary6/8/2010

Full Bill Text

No bill text available