An Act Regarding Permits for Burial of Cremated Remains (AFTER DEADLINE)
Maine Legislature, Session 128, LD 1856
Committee: Labor, Commerce, Research and Economic Development
Sponsors: JACKSON
Amends: 22 MRSA §2843

Legislative Document
No. 1856
S.P. 701
In Senate, March 6, 2018
An Act Regarding Permits for Burial of Cremated Remains
(AFTER DEADLINE)
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator JACKSON of Aroostook.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation, regarding the burial of cremated remains, must take effect 
before the expiration of the 90-day period so that it may apply to burials this spring; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2843, sub-§3-A, as enacted by PL 2017, c. 101, §1, is 
amended to read:
3-A.  Permit for burial of cremated remains in public burying ground.  If 
cremated remains are buried in a public burying ground in this State, the person in charge 
of the public burying ground shall may endorse and provide the date the cremated 
remains were buried on each 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 the 
public burying ground is located within 7 days after the date of burial.  If there is no 
person in charge of the public burying ground, an official of the municipality in which the 
public burying ground is located shall may endorse and provide the date the cremated 
remains were buried 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 
may present a copy of each permit, after endorsement if the permit has been endorsed, to 
the State Registrar of Vital Statistics or the clerk of the municipality where death 
occurred and to the clerk who issued the permit.  For the purposes of this subsection, 
"public burying ground" has the same meaning as in Title 13, section 1101-A, subsection 
4.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
Current law requires a person in charge of a public burying ground or, if no such 
person exists, an official of the municipality where the public burying ground is located, 
to endorse and provide the date cremated remains were buried on the permit for burial of 
cremated remains and return the permit to the State Registrar of Vital Statistics or the 
clerk of the municipality in which the public burying ground is located.  It also requires 
the funeral director or authorized person to present a copy of each permit, after 
endorsement, to the State Registrar of Vital Statistics or the clerk of the municipality 
where the death occurred and to the clerk who issued the permit.  This bill makes these 
required actions voluntary.