An Act Regarding Permits for Final Disposition of Dead Human Bodies
Maine Legislature, Session 126, LD 0634
Committee: Health and Human Services
Sponsors: CRAVEN, SANDERSON
Amends: 22 MRSA §2843

Legislative Document 
No. 634 
S.P. 224 
In Senate, February 21, 2013 
An Act Regarding Permits for Final Disposition of Dead Human 
Bodies 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator CRAVEN of Androscoggin. 
Cosponsored by Representative SANDERSON of Chelsea. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2843, sub-§§2 and 3, as amended by PL 2009, c. 601, §27, 
are further amended to read: 
2.  Permit for disinterment or removal. A dead human body may not be disinterred 
or removed from any vault or tomb until the person in charge of the disinterment or 
removal has obtained a permit from the State Registrar of Vital Statistics or from the 
clerk of the municipality where the dead human body is buried or entombed.  The permit 
must be issued upon receipt of a notarized application signed by the next of kin of the 
deceased who verifies that the signer is the closest surviving known relative and, where 
when any other family member of equal or greater legal or blood relationship or a 
domestic partner of the decedent also survives, that all such persons are aware of, and do 
not object to, the disinterment or removal.  Nothing contained in this This subsection 
precludes does not preclude a court of competent jurisdiction from ordering or enjoining 
disinterment or removal pursuant to section 3029 or in other appropriate circumstances.  
For purposes of this subsection, "domestic partner" means one of 2 unmarried adults who 
are domiciled together under long-term arrangements that evidence a commitment to 
remain responsible indefinitely for each other's welfare. 
3.  Permit for burial.  The person in charge of each burying ground or crematory in 
this State shall endorse, and provide the date the body was disposed of on, each such 
permit with which that person is presented, and return it to the State Registrar of Vital 
Statistics or to the clerk of the municipality in which such burying ground or crematory is 
located within 7 days after the date of disposition. If there is no person in charge of the 
burying ground, an official of the municipality in which the burying ground is located 
shall endorse, and provide the date the body was disposed of on, each such permit, and 
present it to the State Registrar of Vital Statistics or the clerk of the municipality.  The 
funeral director or authorized person shall present a copy of each permit, after 
endorsement, to the State Registrar of Vital Statistics or the clerk of the municipality 
where death occurred and to the clerk who issued the permit. 
SUMMARY 
This bill adds the State Registrar of Vital Statistics as a source for obtaining the 
disposition permit required for transportation, burial, cremation or other disposal of a 
dead human body after a body is disinterred or removed from a vault or tomb.  Currently, 
the law allows only municipal clerks to issue disposition permits when a body is 
disinterred or removed.  The bill also requires a person in charge of burial grounds or a 
crematory to add the date that body was disposed of on the disposition permit and return 
the permit to the registrar or the clerk of the municipality.