An Act To Allow Crematories Using Chemical Dissolution Processes in Facilities Other Than Cemeteries
Maine Legislature, Session 130, LD 1223
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: CARNEY
Amends: 13 MRSA §1341, 32 MRSA §1405-B

Legislative Document
No. 1223
S.P. 396
In Senate, March 24, 2021
An Act To Allow Crematories Using Chemical Dissolution Processes 
in Facilities Other Than Cemeteries
Received by the Secretary of the Senate on March 22, 2021.  Referred to the Committee on 
Innovation, Development, Economic Advancement and Business pursuant to Joint Rule 308.2 
and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CARNEY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  13 MRSA §1341, sub-§3, as enacted by PL 1999, c. 620, §1, is repealed 
and the following enacted in its place:
3.  Exceptions.  This section does not apply to:
A.  A structure containing crypts erected or controlled by a church or religious society 
used for the remains of the clergy or dignitaries of the church or religious society; or
B.  A crematory that exclusively uses a chemical dissolution process to dissolve human 
remains and that is established and operates in accordance with rules adopted by the 
Department of Professional and Financial Regulation, State Board of Funeral Service 
pursuant to Title 32, section 1405-B.  For the purposes of this paragraph, "chemical 
dissolution process to dissolve human remains" means a water and alkaline chemical 
process to reduce human remains to components of liquid and bone fragments without 
direct flame.   
Sec. 2.  32 MRSA §1405-B is enacted to read:
§1405-B.  Crematory using chemical dissolution process to dissolve human remains
The board shall adopt rules for the establishment and operation of crematories that 
exclusively use a chemical dissolution process to dissolve human remains.  For the 
purposes of this section, "chemical dissolution process to dissolve human remains" has the 
same meaning as in Title 13, section 1341, subsection 3, paragraph B.  Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
Sec. 3.  Rulemaking; report.  The Department of Professional and Financial 
Regulation, State Board of Funeral Service shall adopt rules implementing the Maine 
Revised Statutes, Title 32, section 1405-B and, by December 1, 2021, submit a report 
relating to the rulemaking to the Joint Standing Committee on Innovation, Development, 
Economic Advancement and Business.  The report must include the department's 
recommendations for suggested legislation.  The Joint Standing Committee on Innovation, 
Development, Economic Advancement and Business may report out legislation related to 
the report to the Second Regular Session of the 130th Legislature. 
SUMMARY
This bill exempts crematories that exclusively use a chemical dissolution process to 
dissolve human remains from the law governing the size and age of cemeteries in which a 
crematory may be erected.  The bill also requires the Department of Professional and 
Financial Regulation, State Board of Funeral Service to adopt rules for the establishment 
and operation of crematories that exclusively use a chemical dissolution process to dissolve 
human remains.  It also requires the department to submit a report relating to the rulemaking 
to the Joint Standing Committee on Innovation, Development, Economic Advancement 
and Business by December 1, 2021, including the department's recommendations for 
suggested legislation.