HOUSE BILL No. 6060

 

December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.

 

     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 be served

 

on the owner personally by a competent person or shall 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 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 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 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, 2015, notice of the hearing shall 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, 2014, notice of the hearing shall be given by tier A

 

public notice under the local government public notice act. If

 

publication is required, the first publication shall be not more

 

than 30 days and not less than 14 days before the date of the

 

hearing. 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 House Bill No. 5560 of the 97th Legislature is enacted into

 

law.