February 28, 2012, Introduced by Rep. Lori 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) The owner or operator of a cemetery may terminate
the burial, columbarium, or entombment right to a space only if
both of the following conditions are met relating to that burial,
columbarium, or entombment space:
(a) A period of time of not less than 50 years has elapsed
from the date of the last recorded contact with the customer,
including the purchase, transfer, designation, burial, installation
of memorial, payment on account, or letter from the customer
affirming ownership.
(b) The notice requirements of subsections (2) and (3) have
been met.
(2) The owner or operator of a cemetery seeking termination of
the burial, columbarium, or entombment right to a space shall send
a written notice of the intention to terminate the burial,
columbarium, or entombment right to a space. The notice shall be
sent to the last known address of the owner or the owner's
representative, if known, as listed in the records of the cemetery.
The notice shall be sent by certified mail with return receipt
requested.
(3) If the cemetery owner or operator has not received a
response from the owner or the owner's representative within 60
days after the notice was sent in the manner described in
subsection (2), the cemetery owner or operator shall advertise in a
newspaper of general circulation in the county of the owner's last
known address seeking information regarding the owner's current
address.
(4) After the owner or operator of the cemetery has complied
with the notice requirements of subsections (2) and (3), and if no
written response is received by the owner or operator of the
cemetery, the rights to the burial, columbarium, or entombment
space are terminated upon the expiration of 60 days after the date
the publication notice occurs.
(5) If the owner or operator of a cemetery receives a written
response from an owner or the owner's representative after notice
is given under subsection (2) or (3), or both, within the time
periods prescribed in those subsections, and the owner or the
owner's representative indicates an intent to retain ownership
rights, the rights to the burial, columbarium, or entombment space
shall not be terminated. If the owner or the owner's representative
of the space desires to terminate the ownership rights of the
burial, columbarium, or entombment space, the owner or owner's
representative may sell the space to the cemetery for an amount as
agreed to by the parties.
(6) If the owner or the owner's representative contacts the
owner or operator of the cemetery after the rights to the burial,
columbarium, or entombment space are terminated, the owner or the
owner's representative may do 1 of the following:
(a) If the space has not been resold, request reinstatement,
at no additional cost, of the burial, columbarium, or entombment
rights to the space if he or she indicates in writing the intention
to keep the original space. Under such circumstances, the rights
shall be reinstated.
(b) If the original space has been sold, the owner or operator
of the cemetery may, at his or her option, pay the current retail
value of the space, niche, or mausoleum to the owner or the owner's
representative or give the owner or the owner's representative a
space of comparable value.
(7) Any contract or agreement entered into on or after the
effective date of this section shall contain a written notice of
the right of the cemetery to terminate the ownership rights of the
burial, columbarium, or entombment space as provided for in this
section.
Enacting section 1. This amendatory act takes effect January
1, 2012.