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H 3627

Cemeteries

2025-2026 Regular Session Introduced by Michael Rivers

Mass. bill lets farmers operate ATVs/tractors on public roads for short, defined distances without vehicle registration, with insurance, safety gear, and annual police notification

Referred to Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · H 3627

Bill Summary — H 3627

Bill Number: H 3627
Short title(s) in file: Cemeteries / An Act to enhance agricultural operations
Introduced: Prefiled 12/12/2024; introduced 01/14/2025 (House)
Current status (from provided actions): Referred to Committee on Judiciary (initial), referred to Transportation (02/27/2025); hearing(s) scheduled June 2025; reported favorably by committee and referred to House Ways & Means (09/08/2025).
Sponsor/Petitioners: Rep. Natalie M. Blais (and others)

Note on document: The provided “version content” appears to include two different legislative texts combined in one file: (A) a Massachusetts amendment concerning agricultural use of tractors/ATVs on public ways, and (B) a South Carolina-style statutory provision concerning access to cemeteries on private property. This summary treats both texts separately and flags the inconsistency.

Purpose / Intent

  • Massachusetts text: To allow farmers to operate tractors, trailers, trucks, and all‑terrain vehicles (ATVs) on public ways for limited distances without vehicle registration, subject to conditions (insurance, safety equipment, notification, licensing, time-of-day restrictions). The stated intent is to enhance agricultural operations by easing short-distance transport on public ways.
  • South Carolina-style text: To prohibit laws or rules that bar individuals from accessing cemeteries, burial grounds, or graves on private property, with misdemeanor penalties for violations.

Key provisions — Massachusetts (amendment to G.L. c.90, §9)

  • Unregistered operation allowed:
    • Up to 1/2 mile on a public way if used exclusively for agricultural purposes (consistent with G.L. c.128, §1A).
    • Between 1/2 mile and 10 miles if used exclusively for agricultural purposes and the owner maintains liability insurance meeting G.L. c.175, §113A requirements.
    • Up to 300 yards for industrial (non‑agricultural) purposes for travel between properties owned/occupied by the owner.
  • Definition: “All‑terrain vehicle” includes quad/quad bike/three‑wheeler/four‑wheeler/quadricycle per ANSI definitions.
  • Notification: Operators must annually notify the police department(s) of the municipality(ies) where they will operate specifying public ways/sections used; failure may trigger penalties under G.L. c.90, §20.
  • Equipment and safety:
    • ATVs must have a safety flag at least 36 sq. in., elevated at least 6 feet above ground.
    • ATVs must have a flashing red light mounted to the rear.
    • ATVs designed for ≤25 mph must display a “slow moving vehicle” emblem per G.L. c.90, §7.
  • Operation restrictions:
    • Operator must hold a valid driver’s license.
    • No operation of ATVs on public ways between sunset and sunrise.
    • Operation on public ways allowed only for authorized purposes (agricultural/industrial as specified) — recreational use prohibited except for limited crossing under G.L. c.90B, §25.

Key provisions — South Carolina–style cemetery access (proposed addition of S.C. Code §27‑43‑320)

  • Prohibits any law or rule that prevents an individual from gaining access to a cemetery, burial ground, or grave on private property.
  • Violations: misdemeanor, punishable by a fine of $25–$100 or imprisonment of 10–30 days (court discretion) per offense.
  • Effective upon gubernatorial approval.

Who/what would be affected

  • Massachusetts provisions: farmers and agricultural businesses, ATV and tractor owners/operators, municipal police departments (notification & enforcement), other road users (safety implications), insurers (liability coverage for agricultural travel up to 10 miles).
  • South Carolina-style provision: private landowners containing cemeteries/burial grounds, descendants/visitors seeking access, local law enforcement and courts enforcing misdemeanor penalties.

Procedural / timeline aspects (from provided actions)

  • Prefiled 12/12/2024; introduced and read first time 01/14/2025.
  • Referred initially to Judiciary (per file) and to Transportation (02/27/2025); hearings scheduled/rescheduled for June 24, 2025; reported favorably by committee and referred to House Ways & Means 09/08/2025.
  • The record shows Senate concurrence and later committee movement; consult the official legislative website for current status and the official engrossed text.

Potential impacts and considerations

  • Massachusetts ATV/tractor provisions could reduce administrative burdens for farmers and facilitate short-distance farm operations while imposing safety and insurance conditions. Questions for stakeholders include enforcement practicality of annual municipal notifications, consistency with local ordinances, roadway safety for other users, and insurance market responses.
  • The cemetery access provision would expand public access rights to burial sites on private property and could raise tensions with property owners’ rights and liability concerns; penalties are relatively modest but criminal.

Recommendation / next steps for readers

  • Verify the official bill text and title on the Commonwealth of Massachusetts legislative website (or relevant state legislature) because the provided file appears to combine distinct provisions and labels (“Cemeteries” vs. agricultural ATV rules).
  • For policy analysis, consult municipal police departments, agricultural associations, insurers, and landowner/cemetery stakeholders to assess operational and legal impacts.

Compiled from official sources — confirm details with the bill’s official record.

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