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2 | 2 | | HOUSE DOCKET, NO. 3755 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2360 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | James Arciero |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to the operation of crematories by funeral establishments. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:James Arciero2nd Middlesex1/17/2025Kimberly N. Ferguson1st Worcester1/17/2025James Dolan1/17/2025 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 3755 FILED ON: 1/17/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2360 |
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18 | 18 | | By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 2360) of |
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19 | 19 | | James Arciero, Kimberly N. Ferguson and James Dolan relative to the operation of crematories |
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20 | 20 | | by funeral establishments. Public Health. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 2218 OF 2021-2022.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to the operation of crematories by funeral establishments. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 Chapter 114 of the General Laws is hereby amended by striking out section 6, as |
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32 | 32 | | 2appearing in the 2016 Official Edition, and inserting in place thereof the following section:- |
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33 | 33 | | 3 Section 6. Such corporation may cremate bodies of the dead, and may provide necessary |
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34 | 34 | | 4buildings and appliances therefor and for the disposition of the ashes of the dead on any land |
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35 | 35 | | 5within its cemetery which the department of environmental protection determines is suitable |
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36 | 36 | | 6therefor, subject to the provisions of section 43D, and such buildings and appliances shall be a |
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37 | 37 | | 7part of the cemetery or a Licensed Funeral Establishment, as the case may be, and be dedicated |
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38 | 38 | | 8to the burial of the dead, and shall be held by said corporations or Licensed Funeral |
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39 | 39 | | 9Establishments, subject to the duties, and with the privileges and immunities, which they now |
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40 | 40 | | 10have by law. 2 of 2 |
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41 | 41 | | 11 Notwithstanding any general or special law to the contrary, a person, partnership, |
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42 | 42 | | 12corporation, association or other organization owning a licensed funeral establishment may own |
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43 | 43 | | 13and operate a crematory, and a funeral director licensed pursuant to section 83 of chapter 112 |
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44 | 44 | | 14may serve as an elected commissioner on a cemetery board for the municipality in which the |
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45 | 45 | | 15licensed funeral director is a resident of; provided, however, that a person, partnership, |
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46 | 46 | | 16corporation, association or other organization owning a licensed funeral establishment may not |
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47 | 47 | | 17own or operate a cemetery and a person, partnership, corporation, association or other |
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48 | 48 | | 18organization owning a cemetery may not own a licensed funeral establishment. |
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49 | 49 | | 19 For the purposes of this section, “licensed funeral establishment” shall mean a fixed place |
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50 | 50 | | 20or establishment privately owned or maintained by a person, partnership, corporation, association |
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51 | 51 | | 21or other organization which has been duly registered by the board of registration in embalming |
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52 | 52 | | 22and funeral directing pursuant to section 83 of chapter 112 and which is located, constructed, |
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53 | 53 | | 23equipped and operated for the purpose of providing sanitary handling, preparation, disposition |
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54 | 54 | | 24and care of dead human bodies. |
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