FILED ON: 6/24/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4227



The Commonwealth of Massachusetts



In the Year Two Thousand Fourteen



An Act exempting the town of Nantucket from the provisions of MGL and the code of Massachusetts regulations regarding funeral directors, embalmers, funeral homes, and crematories.


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. Notwithstanding section 83 of chapter 112 or any other general or special law to the contrary, a Type 3 or Type 6 Funeral Director and Embalmer, as defined in 239 CMR 3.01 and 239 CMR 3.02, operating in the town of Nantucket shall not be required to hold any ownership shares in any funeral establishment in which the Funeral Director and Embalmer operates.

SECTION 2. Notwithstanding any general or special law to the contrary, funeral establishments in the town of Nantucket shall not be mandated to have a chapel and may consist of more than 1 building or more than 1 lot of land even if said buildings or lots are not adjoined or connected.

SECTION 3. Notwithstanding section 43D of chapter 114 of the General Laws, the placement of any future crematory sited within the town of Nantucket shall be determined by the cemetery commission for the town of Nantucket, established by chapter 47 of the acts of 2011 or a vote at an annual town meeting.  Such crematory may be sited as an auxiliary use of any public or private cemetery, or may be sited on a single parcel of town-owned land.

SECTION 4. This act shall take effect upon its passage.