Bill Text: MI HB6363 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Cemeteries and funerals: public; public notice for hearing on forfeiture of burial rights; revise to make reference to the local government public notice act. Amends sec. 2 of 1931 PA 46 (MCL 128.12). TIE BAR WITH: HB 6440'20
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6363 Detail]
Download: Michigan-2019-HB6363-Introduced.html
HOUSE BILL NO. 6363
November 12, 2020, Introduced by Rep. Steven
Johnson and referred to the Committee on Government Operations.
A bill to amend 1931 PA 46, entitled
"An act to supplement the laws providing for the establishment, control, maintenance and care of public cemeteries by cities and townships within this state; to define the powers and duties of cemetery boards and other public officials invested by law with the management thereof; to provide for the termination and forfeiture of rights in certain unused burial spaces in such cemeteries; to prescribe and regulate the procedure with reference thereto; to authorize the resale of such spaces and to direct the investment and use of the funds received therefrom; and to repeal all acts or parts of acts inconsistent with the provisions hereof,"
by amending section 2 (MCL 128.12), as amended by 1989 PA 14.
the people of the state of michigan enact:
Sec. 2. If the owner of a burial space in a public cemetery , subject to the provisions of this act, fails and neglects for a period of 7 years or more to care for and maintain the burial space in accordance with the laws, rules, and regulations any ordinance or regulation relating to the care and maintenance of burial spaces, the cemetery board may institute proceedings for the termination and forfeiture of the owner's rights and interest in the burial space. If the cemetery board determines that the owner has failed or neglected to care for and maintain the burial space, the cemetery board shall adopt a resolution reciting this determination. A certified copy of the resolution shall must be served on the owner personally by a competent person or shall must be sent by first-class mail to the owner's last-known address. If within 30 days after the sending of the resolution is sent the owner does not comply or make provisions for complying with the laws, rules, and regulations, applicable ordinances and regulations, the cemetery board may cause a petition to be filed in the circuit court for the county in which the cemetery is located. The petition shall must set forth the facts relating to the sale and ownership of the burial space , and the owner's failure and neglect to comply with the laws, rules, ordinances and regulations for the care and maintenance of the burial space. , and shall ask for The petition shall request the termination and forfeiture of the owner's rights to the burial space. The petition shall must be noticed for a hearing, on a date not less than 40 days from after the date of filing. Within 15 days after filing, a copy of the petition with the hearing notice shall must be personally served on the owner or copies of the petition shall be sent by first-class mail to the last-known address of the owner. Notice If the hearing is held before January 1, 2022, notice of the hearing shall must be published once each week for 3 successive weeks in a newspaper of general circulation in the county in which the cemetery is located, . The first notice shall be published with the first publication not less than 30 days before the date of the hearing. If the hearing is held after December 31, 2021, not more than 30 days and not less than 14 days before the date of the hearing notice of the hearing may be given as set forth under the local government public notice act. After the petition and notice have been served or sent, it is the owner's duty to the owner shall appear and answer to the allegations of the petition. If the owner fails to appear and answer on the day noticed for hearing, the owner's default may be entered in the manner provided for by law.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.
