CEMETERY SPACE ABANDONMENT                                                         H.B. 4890 (S-2):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 4890 (Substitute S-2 as reported)

Sponsor:  Representative Edward McBroom

House Committee:  Regulatory Reform

Senate Committee:  Regulatory Reform

CONTENT

The bill would amend the Cemetery Regulation Act to do the following:

-- Create a presumption that a cemetery space was abandoned if the person possessing a right to it had not, after 60 years, provided an updated address and affirmed possession of the right to the space by taking certain actions; a memorial had not been installed; and remains had not been interred.

-- Allow a cemetery owner or operator to certify the right to a space that was presumed abandoned, if it posted a notice on the space for 120 days, mailed a notice to the person possessing the right, and, under certain circumstances, published a notice.

-- Provide that a right to a space would be certified as abandoned if, after satisfying the notice requirements, the cemetery owner or operator created and maintained certain records.

-- Specify limited remedies of a person asserting contractual rights to an abandoned space, after a record was created.

-- Allow a person possessing a right to a space, after receiving notice, to transfer the right back to the cemetery owner or operator for an agreed upon amount.

-- Require a contract for the sale of a right to a space to contain a notice of the presumption of abandonment.

-- Allow a cemetery owner or operator to publish on the internet a notice of intent to certify a right to a space as abandoned.

The bill would not apply if any of the following applied: an inscribed memorial was located on the space; the space adjoined an inscribed memorial and that side of the memorial displayed a family surname, and the space was purchased with the space on which the inscribed memorial was located; or the space immediately adjoined both an inscribed memorial and a space that was purchased with the right to a space and included interred remains. "Right to a space" would mean the privilege, license, or right of interment in a space in a cemetery.

The bill would take effect on January 1, 2015.

Proposed MCL 456.537                                             Legislative Analyst:  Patrick Affholter

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  9-23-14                                                     Fiscal Analyst:  Josh Sefton

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.