Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2360 Compare Versions

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22 HOUSE DOCKET, NO. 3755 FILED ON: 1/17/2025
33 HOUSE . . . . . . . . . . . . . . . No. 2360
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 James Arciero
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to the operation of crematories by funeral establishments.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:James Arciero2nd Middlesex1/17/2025Kimberly N. Ferguson1st Worcester1/17/2025James Dolan1/17/2025 1 of 2
1616 HOUSE DOCKET, NO. 3755 FILED ON: 1/17/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 2360
1818 By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 2360) of
1919 James Arciero, Kimberly N. Ferguson and James Dolan relative to the operation of crematories
2020 by funeral establishments. Public Health.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 2218 OF 2021-2022.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act relative to the operation of crematories by funeral establishments.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 Chapter 114 of the General Laws is hereby amended by striking out section 6, as
3232 2appearing in the 2016 Official Edition, and inserting in place thereof the following section:-
3333 3 Section 6. Such corporation may cremate bodies of the dead, and may provide necessary
3434 4buildings and appliances therefor and for the disposition of the ashes of the dead on any land
3535 5within its cemetery which the department of environmental protection determines is suitable
3636 6therefor, subject to the provisions of section 43D, and such buildings and appliances shall be a
3737 7part of the cemetery or a Licensed Funeral Establishment, as the case may be, and be dedicated
3838 8to the burial of the dead, and shall be held by said corporations or Licensed Funeral
3939 9Establishments, subject to the duties, and with the privileges and immunities, which they now
4040 10have by law. 2 of 2
4141 11 Notwithstanding any general or special law to the contrary, a person, partnership,
4242 12corporation, association or other organization owning a licensed funeral establishment may own
4343 13and operate a crematory, and a funeral director licensed pursuant to section 83 of chapter 112
4444 14may serve as an elected commissioner on a cemetery board for the municipality in which the
4545 15licensed funeral director is a resident of; provided, however, that a person, partnership,
4646 16corporation, association or other organization owning a licensed funeral establishment may not
4747 17own or operate a cemetery and a person, partnership, corporation, association or other
4848 18organization owning a cemetery may not own a licensed funeral establishment.
4949 19 For the purposes of this section, “licensed funeral establishment” shall mean a fixed place
5050 20or establishment privately owned or maintained by a person, partnership, corporation, association
5151 21or other organization which has been duly registered by the board of registration in embalming
5252 22and funeral directing pursuant to section 83 of chapter 112 and which is located, constructed,
5353 23equipped and operated for the purpose of providing sanitary handling, preparation, disposition
5454 24and care of dead human bodies.