Legislative and Consumer Affairs Issues

Massachusetts Cemetery Association

Legislative Report

March 25, 2009
Legislative Alert

House # 4752

Effective Date 3/30/09

These new terms and definitions are added to MGL Chapter 114 and Chapter 115.

All cemeteries should review and consider adding to your cemetery rules & regulations.

August 25, 2008
Legislative Alert
Notice
House # 4927

Unclaimed Cremated Remains

Signed by Governor Patrick on August 20, 2008

Effective date: November 20, 2008

This enacted legislation will amend Chapter 114, Section 43 M by inserting after the third sentence the following 3 sentences:- Notwithstanding any general or special law to the contrary, a funeral establishment in possession of the cremated remains of a human body which is not claimed by a next-of kin or duly authorized representative within 12 months after the date of cremation may have the remains interred or placed in a common grave, niche, or crypt in a cemetery, or scattered in an area of the cemetery designated for that purpose; provided, however, that if the deceased is a veteran of the United States Armed Forces the deceased shall be interred at a veterans’ cemetery. Each cemetery and funeral establishment shall maintain permanent records of such disposition. There shall be no liability for the funeral establishment, cemetery or crematory, or any employee or agent thereof that disposes of unclaimed cremated remains in accordance with this section.

Please note that this will not effect how you govern your cemetery. Your cemetery rules & regulations, fees and interment authorization will be maintained.
It is suggested that all cemeteries should review their Cemetery Rules & Regulations as to procedures for the possibility of this request from a funeral establishment. This may include rights of burial, number of human burials per grave, resident requirements, memorialization and many other cemetery policies.

The cemetery association will review this legislation at its next group meeting.

If you have any questions or comments, please contact me by email or by phone.
In reference to MGL c. 82A section1 and 520CMR 14.00 Excavation and Trench Safety.

Please be advised that with the enforcement of the above (effective date January 1, 2009), we have received a letter from the Department of Public Safety that cemetery burials will be exempt from permitting. When this bill was filed we spoke on the importance of exempting cemeteries as the definition used for a trench would impact each grave opened for burial. In 520 CMR it did not show the exemption, however the letter states that the Department of Public Safety “does not consider cemetery burials as “construction related” and therefore do not require a permit for an excavation used for burial.” The letter is signed by Mark F. Mooney, Chief of Inspections- Mechanical. A copy of the letter is attached to this report and can be copied for your cemetery records. With out this letter of understanding, cemeteries could have been required to obtain a permit before each opening at a fee established by the appointed municipal officer.
The texts of each are found by going to www.mass.gov/legis/bills/ . Bills are separated by Senate and House.

The other bills we have on watch are listed below. They all have been updated as to which committee they are in. If you have any questions or comments please feel free to contact me at tdalychsgroup@aol.com or cal 781-255-9433.
185th Massachusetts General Court

MCA Legislative Watch

Thomas Daly, Chairman

If you have any questions, concerns, or comments let me know. I can be reached at 617-640-4016, or at my office 781-255-9433. My e-mail address is tdalychsgroup@aol.com

Submitted by

Thomas Daly, Chairman

Legislative and Consumer Affairs Committee


	Massachusetts Cemetery Association Legislative Report March 25, 2009 Legislative Alert House # 4752 Effective Date 3/30/09 These new terms and definitions are added to MGL Chapter 114 and Chapter 115. All cemeteries should review and consider adding to your cemetery rules & regulations. August 25, 2008 Legislative Alert Notice House # 4927 Unclaimed Cremated Remains Signed by Governor Patrick on August 20, 2008 Effective date: November 20, 2008 This enacted legislation will amend Chapter 114, Section 43 M by inserting after the third sentence the following 3 sentences:- Notwithstanding any general or special law to the contrary, a funeral establishment in possession of the cremated remains of a human body which is not claimed by a next-of kin or duly authorized representative within 12 months after the date of cremation may have the remains interred or placed in a common grave, niche, or crypt in a cemetery, or scattered in an area of the cemetery designated for that purpose; provided, however, that if the deceased is a veteran of the United States Armed Forces the deceased shall be interred at a veterans’ cemetery. Each cemetery and funeral establishment shall maintain permanent records of such disposition. There shall be no liability for the funeral establishment, cemetery or crematory, or any employee or agent thereof that disposes of unclaimed cremated remains in accordance with this section. Please note that this will not effect how you govern your cemetery. Your cemetery rules & regulations, fees and interment authorization will be maintained. It is suggested that all cemeteries should review their Cemetery Rules & Regulations as to procedures for the possibility of this request from a funeral establishment. This may include rights of burial, number of human burials per grave, resident requirements, memorialization and many other cemetery policies. The cemetery association will review this legislation at its next group meeting. If you have any questions or comments, please contact me by email or by phone. In reference to MGL c. 82A section1 and 520CMR 14.00 Excavation and Trench Safety. Please be advised that with the enforcement of the above (effective date January 1, 2009), we have received a letter from the Department of Public Safety that cemetery burials will be exempt from permitting. When this bill was filed we spoke on the importance of exempting cemeteries as the definition used for a trench would impact each grave opened for burial. In 520 CMR it did not show the exemption, however the letter states that the Department of Public Safety “does not consider cemetery burials as “construction related” and therefore do not require a permit for an excavation used for burial.” The letter is signed by Mark F. Mooney, Chief of Inspections- Mechanical. A copy of the letter is attached to this report and can be copied for your cemetery records. With out this letter of understanding, cemeteries could have been required to obtain a permit before each opening at a fee established by the appointed municipal officer. The texts of each are found by going to www.mass.gov/legis/bills/ . Bills are separated by Senate and House. The other bills we have on watch are listed below. They all have been updated as to which committee they are in. If you have any questions or comments please feel free to contact me at tdalychsgroup@aol.com or cal 781-255-9433. 185th Massachusetts General Court MCA Legislative Watch Thomas Daly, Chairman If you have any questions, concerns, or comments let me know. I can be reached at 617-640-4016, or at my office 781-255-9433. My e-mail address is tdalychsgroup@aol.com Submitted by Thomas Daly, Chairman Legislative and Consumer Affairs Committee www.MACemetery.org A Consumer guide to Cemetery and Funeral Services published by the Massachusetts Cemetery Association is now available. Copies have been mailed to all members of the association and all Massachusetts local and state legislators. Please e-mail us or call 617/ 859-7778 to obtain a copy or to place an order for additional copies.