By Messrs. Binienda of Worcester and O'Day of West Boylston, petition (accompanied by bill, House, No. 4252) of John J. Binienda  and others relative to the disposition of the unclaimed remains of certain cremated persons. Public Health.

The Commonwealth of Massachusetts

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PETITION OF:

John J. Binienda

James J. O'Day

John P. Fresolo

Edward M. Augustus, Jr.

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In the Year Two Thousand and Seven.

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An Act relative to the cremation of bodies of certain deceased persons

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 43 M of chapter 114 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the 3^rd sentence the following 2 sentences:-

The remains of a human body after cremation, if not claimed by a next-of-kin or duly authorized representative within 2 years in the possession of a funeral establishment shall be buried or scattered in a respectful manner in a cemetery in an area designated for that purpose.  Each cemetery and funeral establishment shall maintain records of such dispositions.

SECTION 2.  Said chapter 114 of the General Laws is hereby further amended by inserting after section 43 M, the following section:-

                Section 43 M ½ .  The disposition of the body of a deceased person who is without sufficient assets or financially responsible relatives to pay for funeral and burial expenses or who has no next-of-kin or authorized person to sign a cremation authorization from shall be cremated and the funeral director shall be authorized to sign such form at his option.  The funeral director shall prepare such form listing all details, that all means have be taken to locate a next-of-kin or authorized person.  The form shall be notarized as a permanent record.  The funeral establishment shall maintain all records relative to the cremation and all records shall be available for inspection.