HB-5246, As Passed House, September 10, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 5246

     A bill to amend 1980 PA 299, entitled

"Occupational code,"

(MCL 339.101 to 339.2919) by adding section 1809a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     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.

     (2) 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.

     (3) 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

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

     Enacting section 1. This amendatory act takes effect July 1,

2010.

     Enacting section 2. This amendatory act does not take effect

unless House Bill No. 5245 of the 95th Legislature is enacted into

law.