An Act To Clarify the Authority of the Chief Medical Examiner To Properly Dispose of Abandoned Human Remains
Maine Legislature, Session 128, LD 1717
Committee: Judiciary
Sponsors: MOONEN, HILL, LONGSTAFF, KATZ, VITELLI
Amends: 22 MRSA §3028-A, 22 MRSA §3035

Legislative Document
No. 1717
H.P. 1197
House of Representatives, December 22, 2017
An Act To Clarify the Authority of the Chief Medical Examiner To 
Properly Dispose of Abandoned Human Remains
Submitted by the Department of the Attorney General pursuant to Joint Rule 203.
Received by the Clerk of the House on December 19, 2017.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MOONEN of Portland.
Cosponsored by Senator HILL of York and
Representatives: LONGSTAFF of Waterville, McCREIGHT of Harpswell, Senators: KATZ of 
Kennebec, VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3028-A, as enacted by PL 1985, c. 611, §8, is amended to 
read:
§3028-A.  Disposal of unidentified remains and abandoned human remains
Whenever unidentified human skeletal remains are recovered, the Chief Medical 
Examiner may store the remains, release them to an educational institution, inter them in 
an appropriate resting place or have them cremated.  Ashes of remains cremated may be 
disposed of in any appropriate manner.  Human skeletal remains uncovered in a cared-for 
cemetery or known to be Indian remains are excluded from the operation of this section.
The Chief Medical Examiner may assume responsibility for the disposal of human 
remains that are the subject of a medical examiner case if no one takes custody and 
control of the human remains for a period of 30 days after the Chief Medical Examiner 
has both completed an autopsy or necessary examination of the human remains and made 
reasonable inquiry under section 3028.  The Chief Medical Examiner shall file or cause to 
be filed a certificate of abandonment in the municipality where the human remains were 
recovered that indicates the means of disposal.
Payment of expenses incurred by the Chief Medical Examiner pursuant to this section 
must be made pursuant to section 3028-D, subsection 2.
Sec. 2.  22 MRSA §3035, sub-§1, ¶B, as amended by PL 2017, c. 284, Pt. FFF, 
§1, is further amended to read:
B.  For histological slides, the fees are as follows:
(1)  For each slide, $12.50;
(2)  A handling fee per case, $25; and
(3)  For 21 slides or more, an additional handling fee, $25; and
Sec. 3.  22 MRSA §3035, sub-§1, ¶C, as corrected by RR 2015, c. 2, §11, is 
further amended to read:
C.  For other items and services such as photographs and transparencies, additional 
tests relating to toxicology or specimens and videotaping:
(1)  A handling fee per case, $20; and
(2)  Anticipated costs of providing the item or service, including shipping 
charges.; and
Sec. 4.  22 MRSA §3035, sub-§1, ¶D is enacted to read:
D.  For forensic preservation of body fragments and body fluids beyond the period 
established by the policy of the Office of Chief Medical Examiner, a fee not to 
exceed $100 per year, per case.
SUMMARY
This bill authorizes the Chief Medical Examiner to assume responsibility for the 
disposal of abandoned human remains that are the subject of a medical examiner case if 
no one takes custody and control of them 30 days after an autopsy or necessary 
examination has taken place.  It also directs the Office of Chief Medical Examiner to 
charge $100 per year, per case for forensic preservation of body fragments and fluids.