HB-5246, As Passed Senate, November 12, 2009

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5246

A bill to amend 1980 PA 299, entitled

"Occupational code,"

(MCL 339.101 to 339.2919) by amending the title, as amended by 1993

PA 93, and by adding section 1809a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

An act to revise, consolidate, and classify the laws of this

state regarding the regulation of certain occupations and to

regulate certain persons and activities relative to those

occupations; to create a board for each of those occupations; to

establish the powers and duties of certain departments and agencies

and the boards of each occupation; to provide for the promulgation

of rules; to provide for certain fees; to provide for penalties and

civil fines; to establish rights, relationships, and remedies of

certain persons under certain circumstances; to provide immunity

House Bill No. 5246 (S-1) as amended November 10, 2009

from certain civil liability for certain entities and certain

related occupations under certain circumstances; to repeal certain

parts of this act on a specific date; and to repeal certain acts

and parts of acts.

Sec. 1809a. (1) A person licensed in the practice of mortuary

science is immune from civil liability for the proper disposition

of unclaimed cremated remains if the proper disposition was made 6

months or longer after the date of cremation and at least 30 days

after the date the notice required under this subsection is sent. A

funeral director claiming immunity under this section shall make

reasonable efforts to provide written notice of intent to make

proper disposition of the unclaimed cremated remains to the persons

having the right to make decisions relating to the disposition of a

decedent's body under section 3206 of the estates and protected

individuals code, 1998 PA 386, MCL 700.3206. Reasonable efforts

include, but are not limited to, mailing the notice to the last

known address of that person. If unclaimed cremated remains are

removed from or transferred to a cemetery, the mortuary science

licensee shall present a written statement to the cemetery

certifying compliance with the requirements imposed in this

subsection at the time the unclaimed cremated remains are removed

or presented for proper disposition.

(2) [IN THE CASE OF UNCLAIMED CREMATED REMAINS DETERMINED TO BELONG

TO A VETERAN,] A cemetery relying upon a written statement presented by a

person licensed in the practice of mortuary science under

subsection (1) is immune from civil liability against a claim for

damages by the persons having the right to make decisions related

to the disposition of a decedent's body under section 3206 of the

estates and protected individuals code, 1998 PA 386, MCL 700.3206,

for having interred, entombed, or inurned cremated remains without

their authorization.

(3) This section does not supersede the provisions of section

3206 of the estates and protected individuals code, 1998 PA 386,

MCL 700.3206, involving the priority of persons having the right to

make decisions relating to the disposition of a decedent's body

under that section except that if those persons having the right to

make decisions related to the disposition of a decedent's body

claim the cremated remains after proper disposition under

subsection (1), then any costs associated with disinterring or

removing the cremated remains from the place of interment,

entombment, or inurnment, and other costs associated with their

further placement shall be borne by those persons, unless otherwise

agreed.

(4) As used in this section:

(a) "Proper disposition" means interment, entombment, or

inurnment of unclaimed cremated remains in a cemetery in this

state. In the case of the unclaimed cremated remains of a veteran

of the United States armed forces, proper disposition includes the

interment, entombment, or inurnment in a cemetery designated solely

for veterans by the United States department of veterans affairs or

by the Michigan department of veterans affairs.

(b) "Unclaimed cremated remains" means the cremated remains of

a dead human body that has not been picked up or delivered to a

person having the right to make decisions relating to the

disposition of a decedent's body under section 3206 of the estates