Legislative and Consumer Affairs Issues

Massachusetts Cemetery Association

Legislative Report

Massachusetts Cemetery Association

Legislative & Consumer Affairs Report

May 16, 2008

The Senate and House continue to discuss and vote on the budget. Many of the bills we have had on watch are still in committees waiting to be presented to the General Court.

Mr. Bill Malloy and I have continued to meet with sponsors and committee members on all the bills we have listed below.

During the last month I have had phone calls from our cemetery members 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.

At the Annual Meeting we informed you of House # 4927 that would impact and amend MGL c. 114 section 43M. This legislation if passed would establish a procedure to the Funeral Establishment as to the handling of unclaimed cremated remains. The MCA has suggested that this legislation would be best if left out of c.114 and placed in the Funeral Directors CMR 239. The sponsors have invited MCA and MFDA to offer our suggestions and comments.

We have had meetings with the MFDA, however we can not agree on scattering and feel it should not be included in the procedures for handling unclaimed cremated remains.

The Board of Directors of the MCA at its last meeting voted to submit the following wording for section one of H # 4927 if it must go in c.114 section 43 M. We will still be meeting with all interested parties.

Final Disposition of Unclaimed Cremated Remains

“if the remains of a human body after cremation are not claimed by a next of kin or duly authorized representative, within twelve months after the date of cremation, the funeral establishment holding such remains may have them interred or placed in a common grave, niche or crypt in a cemetery, notwithstanding any general or special law to the contrary, and in accordance with CMR 239, cemetery policy and regulation. Each cemetery and funeral establishment shall maintain permanent records of such disposition. There shall be no liability for a funeral establishment, cemetery/crematory, or any employee or agent thereof that disposes of unclaimed cremated remains in accordance with this section.

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. 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

Senate #28

An Act Relative to the Identification of Burial Grounds and Cemeteries on

Certain State Owned lands

By Mr. Frederick Berry and Mr. Theodore Speliotis, Bonding, Capital Expenditures & State Assets Sent to House Ways & Means Committee

Senate #207

An Act Relative to the Board of Registration in Embalming and Funeral

Directing

By Mr. Morrissey (by request) of Roger G. Hamel, Consumer Protection & Professional Licensure Placed in Study

Senate # 685

An Act Making Appropriations to Provide Funding to Support Pandemic

Preperation and Response.

By Mr. Moore, Health Care Financing

New Draft S#2259 Sent to Senate Ways & Means

Senate #996

An Act Relative to Peaceful Funeral Services.

By Mr. Panagiotakos, Mr. Brewer, Mr. Brown & Mr. Tarr, The Judiciary

Still in Committee

Senate #1036

An Act Relative to Charities in Massachusetts

By Ms. Walsh, Mr. Montigny, Ms. Coakley-Rivera, & Mr. Barrios The Judiciary

Still in Committee

Senate #1916

An Act Relative to the Roman Catholic Diocese of Boston

By Ms. Walsh and other members of the General Court State Administration & Oversight Still in Committee

Senate # 2134

An Act Relative to Veteran’s Burial Benefits

By Mr. Hart and other members of the General Court Veterans and Federal Affairs

Sent to House Ways & Means as new draft S# 2372

House # 81

An Act Relative to the Amount of Money Allowed for Burial Expenses.

By Mr. Bosley, Mr. Fresolo, Ms. Gobi Children & Family

House # 88

An Act Relative to Deceased Poor and Indigent Persons.

By Mr. Dempsey, Mr. Keenan, Mr. Scibak Children & Family

H# 81 & 88 combined sent to House Ways & Means

House #1281

An Act Relative to Funeral Processions

By Mr. Sannicandro, Mr. Ross, Mr. Turner, Mr. Binienda Housing

Study

House #2894

An Act Relative to Veteran’s Benefits

By Mr. Evangelidis Veterans and Federal Affairs

Study

House# 3708

An Act Relative to Burial Benefits of Veteran’s

By Mr. Naughton, and other members Veteran and Federal Affairs

Redraft with S# 2372 House Ways & Means

House # 3715

An Act Relative to the Removal of Veteran’s, Police, Fire, Commemorative

Flag Holders

By Ms. Reinstein Veteran and Federal Affairs

Study

House # 3724

An act Relative to the Director of a State operated Veteran’s Cemetery

By Ms. Sandlin Veteran and Federal Affairs

Study

House #3727

An Act Relative to the Protecting graves of Veterans

By Mr. Sullivan and other members Revenue Study

House #3730

An Act Relative to Veteran’s Burial Benefits

By Mr. Verga, Veterans and Federal Affairs

Redraft S# 2372 House Ways & Means

**House # 4252

An Act Relative to the Cremation of Bodies of Certain Deceased Persons

By Mr. Binienda, O’Day, Fresolo and Mr. Augustus

Redraft H#4927 House Steering & Policy

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 Massachusetts Cemetery Association Legislative & Consumer Affairs Report May 16, 2008 The Senate and House continue to discuss and vote on the budget. Many of the bills we have had on watch are still in committees waiting to be presented to the General Court. Mr. Bill Malloy and I have continued to meet with sponsors and committee members on all the bills we have listed below. During the last month I have had phone calls from our cemetery members 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. At the Annual Meeting we informed you of House # 4927 that would impact and amend MGL c. 114 section 43M. This legislation if passed would establish a procedure to the Funeral Establishment as to the handling of unclaimed cremated remains. The MCA has suggested that this legislation would be best if left out of c.114 and placed in the Funeral Directors CMR 239. The sponsors have invited MCA and MFDA to offer our suggestions and comments. We have had meetings with the MFDA, however we can not agree on scattering and feel it should not be included in the procedures for handling unclaimed cremated remains. The Board of Directors of the MCA at its last meeting voted to submit the following wording for section one of H # 4927 if it must go in c.114 section 43 M. We will still be meeting with all interested parties. Final Disposition of Unclaimed Cremated Remains “if the remains of a human body after cremation are not claimed by a next of kin or duly authorized representative, within twelve months after the date of cremation, the funeral establishment holding such remains may have them interred or placed in a common grave, niche or crypt in a cemetery, notwithstanding any general or special law to the contrary, and in accordance with CMR 239, cemetery policy and regulation. Each cemetery and funeral establishment shall maintain permanent records of such disposition. There shall be no liability for a funeral establishment, cemetery/crematory, or any employee or agent thereof that disposes of unclaimed cremated remains in accordance with this section. 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. 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 Senate #28 An Act Relative to the Identification of Burial Grounds and Cemeteries on Certain State Owned lands By Mr. Frederick Berry and Mr. Theodore Speliotis, Bonding, Capital Expenditures & State Assets Sent to House Ways & Means Committee Senate #207 An Act Relative to the Board of Registration in Embalming and Funeral Directing By Mr. Morrissey (by request) of Roger G. Hamel, Consumer Protection & Professional Licensure Placed in Study Senate # 685 An Act Making Appropriations to Provide Funding to Support Pandemic Preperation and Response. By Mr. Moore, Health Care Financing New Draft S#2259 Sent to Senate Ways & Means Senate #996 An Act Relative to Peaceful Funeral Services. By Mr. Panagiotakos, Mr. Brewer, Mr. Brown & Mr. Tarr, The Judiciary Still in Committee Senate #1036 An Act Relative to Charities in Massachusetts By Ms. Walsh, Mr. Montigny, Ms. Coakley-Rivera, & Mr. Barrios The Judiciary Still in Committee Senate #1916 An Act Relative to the Roman Catholic Diocese of Boston By Ms. Walsh and other members of the General Court State Administration & Oversight Still in Committee Senate # 2134 An Act Relative to Veteran’s Burial Benefits By Mr. Hart and other members of the General Court Veterans and Federal Affairs Sent to House Ways & Means as new draft S# 2372 House # 81 An Act Relative to the Amount of Money Allowed for Burial Expenses. By Mr. Bosley, Mr. Fresolo, Ms. Gobi Children & Family House # 88 An Act Relative to Deceased Poor and Indigent Persons. By Mr. Dempsey, Mr. Keenan, Mr. Scibak Children & Family H# 81 & 88 combined sent to House Ways & Means House #1281 An Act Relative to Funeral Processions By Mr. Sannicandro, Mr. Ross, Mr. Turner, Mr. Binienda Housing Study House #2894 An Act Relative to Veteran’s Benefits By Mr. Evangelidis Veterans and Federal Affairs Study House# 3708 An Act Relative to Burial Benefits of Veteran’s By Mr. Naughton, and other members Veteran and Federal Affairs Redraft with S# 2372 House Ways & Means House # 3715 An Act Relative to the Removal of Veteran’s, Police, Fire, Commemorative Flag Holders By Ms. Reinstein Veteran and Federal Affairs Study House # 3724 An act Relative to the Director of a State operated Veteran’s Cemetery By Ms. Sandlin Veteran and Federal Affairs Study House #3727 An Act Relative to the Protecting graves of Veterans By Mr. Sullivan and other members Revenue Study House #3730 An Act Relative to Veteran’s Burial Benefits By Mr. Verga, Veterans and Federal Affairs Redraft S# 2372 House Ways & Means House # 4252 An Act Relative to the Cremation of Bodies of Certain Deceased Persons By Mr. Binienda, O’Day, Fresolo and Mr. Augustus Redraft H#4927 House Steering & Policy 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.