June 20, 2013, Introduced by Reps. McBroom and Nathan and referred to the Committee on Regulatory Reform.
A bill to amend 1968 PA 251, entitled
"Cemetery regulation act,"
(MCL 456.521 to 456.543) by adding section 17.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17. (1) A person possessing the right to a space within a
cemetery is presumed to have abandoned the right to a space if all
of the following apply:
(a) During the past 50 years, the person possessing the right
to a space or the person's authorized representative has not
provided the cemetery owner or operator with an updated address for
purposes of contacting the person.
(b) During the past 50 years, the person possessing the right
to a space or the person's authorized representative has not
contacted the cemetery owner or operator and affirmed possession of
the right to a space in any of the following ways:
(i) Requesting a burial or notifying the cemetery owner or
operator of a burial under the right to a space.
(ii) Requesting an installation of a memorial or notifying the
cemetery owner or operator of an installation of a memorial under
the right to a space.
(iii) Indicating or requesting a transfer of the right to a
space to another person.
(iv) Making a payment to the cemetery owner or operator
relating to the right to a space.
(v) Affirming in writing the possession of the right to a
space.
(c) A memorial has not been installed at the cemetery under
the right to a space.
(d) Remains have not been interred at the cemetery under the
right to a space.
(2) If the right to a space within a cemetery is presumed to
be abandoned under subsection (1) and the cemetery owner or
operator satisfies the requirements under subsections (3) and (4)
for notice to the person possessing the right to a space, the
cemetery owner or operator may under subsection (5) certify the
right to a space as abandoned.
(3) Before certifying a right to a space within a cemetery as
abandoned, a cemetery owner or operator shall post on the space
within the cemetery for 60 consecutive days a written notice of
intent to certify the right to a space as abandoned. If the
cemetery owner or operator has an address for the person possessing
the right to a space or the person's authorized representative, the
cemetery owner or operator shall also send to that address a
written notice of intent to certify the right to a space as
abandoned. The notice shall be sent by certified mail with a return
receipt requested. A notice under this subsection or subsection (4)
shall be in a form prescribed by the cemetery commissioner.
(4) The cemetery owner or operator shall also publish a notice
of intent to certify the right to a space as abandoned in a
newspaper of general circulation in the county in which the
cemetery is located if any of the following apply:
(a) The cemetery owner or operator does not have an address
for the person possessing the right to a space or the person's
authorized representative.
(b) Whether or not a written notice mailed under subsection
(3) is returned as undeliverable, the person possessing the right
to a space or the person's authorized representative does not
contact the cemetery owner or operator and affirm the person's
possession rights within 60 days after the notice is mailed.
(5) If more than 60 days have elapsed since the cemetery owner
or operator published a notice in a newspaper under subsection (4)
and the person possessing the right to a space or the person's
authorized representative has not contacted the cemetery owner or
operator and affirmed the person's possession rights, the cemetery
owner or operator may file a certified notice of abandonment of a
right to a space with the cemetery commissioner on a form
prescribed by the cemetery commissioner. The notice shall include a
description of the right to a space affected and the names of any
persons possessing the right to the space known to the cemetery
owner or operator. The form shall require that the cemetery owner
or operator certify all of the following with respect to the right
to a space:
(a) That the right to a space is presumed to be abandoned
under the criteria set forth in subsection (1).
(b) That the cemetery owner or operator provided notice in
compliance with subsections (3) and (4).
(c) That the cemetery owner or operator has not received a
response to a notice under subsection (3) or (4) from a person
possessing a right to a space or the person's authorized
representative affirming the person's possession rights.
(6) All of the following apply upon filing of a certified
notice under subsection (5):
(a) The right to a space is certified as abandoned by persons
previously possessing the right.
(b) A person later asserting any contractual rights to the
right to a space may only seek a remedy under subsection (8).
(7) If a person possessing a right to a space within a
cemetery or the person's authorized representative is notified by
the cemetery owner or operator under subsection (3) or (4) and the
person or the person's authorized representative does not seek to
retain possession of the right to a space, the person or the
person's authorized representative may transfer the right to a
space back to the cemetery owner or operator for an amount as
agreed by the parties.
(8) After a certified notice is filed under subsection (5), a
person with a contractual right to a space is entitled only to the
following remedies for any breach of the contractual right:
(a) The cemetery owner or operator shall reinstate the right
to a space if the original contractual right to a space has not
been resold or otherwise transferred to another person.
(b) If the original contractual right to a space has been
resold, the cemetery owner or operator, at the option of the person
with the original contractual right to a space, shall do either of
the following:
(i) Provide at no cost a different right to a space of a
comparable value within the cemetery.
(ii) Pay the person with the original contractual right to a
space an amount not exceeding 65% of the price for which the
original contractual right to a space was resold or otherwise
transferred.
(9) A contract for the sale of a right to a space entered into
by a cemetery owner or operator after the effective date of this
section shall contain a written notice of the presumption of
abandonment of a right to a space under subsection (1) and may
impose a legal duty to keep the cemetery owner or operator informed
in writing of a current residence address of the person possessing
the right to a space under the contract or of the person's
authorized representative.
(10) If the cemetery commissioner determines that a process
for satisfying legal requirements for the provision of notice using
an internet search has been recognized by the courts of this state
and is practicable, the cemetery commissioner shall promulgate
rules under the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328, for the provision of notice under this
section using an internet search and, in addition to the provision
of notice by mail under subsection (3), a cemetery owner or
operator seeking to certify a right to a space within the cemetery
as abandoned also shall provide notice as provided under the
administrative rules.
(11) The purpose of this section is intended to advance the
significant and legitimate public purpose of assuring the
availability and productive use of space within cemeteries and
providing security in contractual rights consistent with the
health, safety, and welfare of the people of this state.
(12) As used in this section, "right to a space" means a
burial right, columbarium right, or entombment right within a
cemetery.
Enacting section 1. This amendatory act takes effect January
1, 2014.