August 19, 2009, Introduced by Reps. Kurtz and Polidori and referred to the Committee on Military and Veterans Affairs and Homeland Security.
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
licensee claiming immunity under this section shall send 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.
(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 Senate Bill No.____ or House Bill No. 5245(request no.
04072'09*) of the 95th Legislature is enacted into law.