Massachusetts H 1671: An Act to require the reporting of satisfaction of judgments awarding money damages

Bill Text

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HOUSE DOCKET, NO. 1835 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1671

The Commonwealth of Massachusetts
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PRESENTED BY:
Daniel M. Donahue
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act designating right of disposition.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Daniel M. Donahue 16th Worcester 1/15/2025
Joseph D. McKenna 18th Worcester 1/21/2025
Christine P. Barber 34th Middlesex 2/20/2025
Jessica Ann Giannino 16th Suffolk 6/2/2025
Erika Uyterhoeven 27th Middlesex 6/2/2025
Natalie M. Higgins 4th Worcester 6/2/2025

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HOUSE DOCKET, NO. 1835 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1671
By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 1671) of
Daniel M. Donahue, Joseph D. McKenna and Christine P. Barber relative to certain funeral
service contracts. The Judiciary.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1470 OF 2023-2024.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act designating right of disposition.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 Title XVI
2 Chapter 115
3 Section 1. A person, who is 18 years of age or older and of sound mind, by entering into a
4 pre-need funeral service contract as defined in 239 CMR 4.01 or by providing instructions in a
5 written and sworn affidavit, may direct the location, manner and conditions of disposition of the
6 person's remains, and the arrangements for funeral goods and services to be provided upon the
7 person's death. The disposition directions and funeral prearrangements that are contained in a
8 pre-need funeral services contract shall not be subject to cancellation or substantial revision
9 unless the cancellation or substantial revision has been ordered by a person who the decedent has

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10 appointed in the pre-need funeral services contract as the person authorized to cancel or revise
11 the terms of the pre-need funeral services contract, or unless any resources set aside to fund the
12 pre-need funeral services contract are insufficient under the terms of the pre-need funeral
13 services contract to carry out the disposition directions and funeral prearrangements contained
14 therein.
15 Section 2. Except as set forth in Section (4), the right to control the disposition of the
16 remains of a deceased person, the location, manner and conditions of disposition, and
17 arrangements for funeral goods and services to be provided vests in the following in the order
18 named, provided such person is 18 years or older and is of sound mind:
19 a)(1) A person designated by the decedent as the person with the right to control the
20 disposition in an affidavit executed in accordance with Section 3; or (2) a person designated in
21 the federal Record of Emergency Date Form DO 93, or its successor form, to have the right of
22 disposition by a member of the military who dies while under active duty orders as described in
23 10 U.S.C. 1481.
24 b)The surviving spouse.
25 c)The sole surviving child of the decedent, or if there is more than one child of the
26 decedent, the majority of the surviving children. However, less than one-half of the surviving
27 children shall be vested with the rights of this section if they have used reasonable efforts to
28 notify all other surviving children of their instructions and are not aware of any opposition to
29 those instructions on the part of more than one-half of all surviving children.

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30 d)The surviving parent or parents of the decedent. If one of the surviving parents is
31 absent, the remaining parent shall be vested with the rights and duties of this section after
32 reasonable efforts have been unsuccessful in locating the absent surviving parent.
33 e)The surviving brother or sister of the decedent, or if there is more than one sibling of
34 the decedent, the majority of the surviving siblings. However, less than the majority of surviving
35 siblings shall be vested with the rights and duties of this section if they have used reasonable
36 efforts to notify all other surviving siblings of their instructions and are not aware of any
37 opposition to those instructions on the part of more than one-half of all surviving siblings.
38 f)The surviving grandparent of the decedent, or if there is more than one surviving
39 grandparent, the majority of the grandparents. However, less than the majority of the surviving
40 grandparents shall be vested with the rights and duties of this section if they have used
41 reasonable efforts to notify all other surviving grandparents of their instructions