An Act To Revise and Amend Certain Public Health Laws
Maine Legislature, Session 121, LD 1602
Committee: Health and Human Services
Sponsors: KANE, WESTON, LA VERRIERE-BOUCHER, BRENNAN
Amends: 13 MRSA §1101-A, 13 MRSA §1341, 22 MRSA §1319-C, 22 MRSA §1321, 22 MRSA §1322, 22 MRSA §1326, 22 MRSA §1402

Legislative Document 
No. 1602 
H.P.1175 
House of Representatives, May 6, 2003 
An Act To Revise and Amend Certain Public Health Laws 
Submitted by the Department of Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative KANE of Saco. 
Cosponsored by Senator WESTON of Waldo and 
17/~ 
1?7.17/u;~ 
MILLICENT M. MacFARLAND 
Clerk 
Representative: LA VERRIERE-BOUCHER of Biddeford, Senator: BRENNAN of 
Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 13 MRSA §1101-A, as enacted by PL 1999, c. 700, §2, 
is amended to read: 
§1101-A. Definitions 
As 
used 
in this article, 
unless 
the 
context 
indicates, 
the 
following 
term--aas 
~t~e~r~milsL-~h~a~v~e 
the 
meaaia~ meanings. 
otherwise 
following 
1. 
Ancient buryinq qround. 
"Ancient burying ground" means 
a private cemetery established before 1880. 
2. Co1umbarium. 
"Columbarium" means a structure or room or 
space in a 
mausoleum or other building containing niches or 
recesses for disposition of cremated human remains. 
3. 
Community mauso1eum. 
"Community mausoleum" 
means 
an 
aboveground structure designed for entombment of human remains of 
the general public, as opposed to the entombment of the remains 
of family members in a privately owned, family mausoleum. 
Sec. 2. 13 MRSA §1341, sub-§I, as enacted by PL 1999, c. 620, 
§l, is amended to read: 
1. 
Mauso1eum, 
crematory or other structure. 
A communi ty 
mausoleum, community crematory or other community structure that 
holds or contains dead human bodies may only be erected in a 
cemetery that is at least 20 acres in size and has been in 
existence and used for burial for at least 2 years preceding the 
erection of the structure. 
Sec. 3. 22 MRSA §1319-C, sub-§I, as enacted by PL 1999, c. 
276, §10, is amended to read: 
1. 
Annua1 screening required. 
The department shall require 
a say child care eeater facility and a home child care provider 
as defined in chapter 1673 and a nursery school as defined in 
chapter 1675 to have 
an annual screening for potential lead 
hazards. 
If potential lead hazards are identified, a full lead 
inspection must be conducted. 
Sec. 4. 22 MRSA §1319-C, sub-§I-A is enacted to read: 
1-A. 
Lead-safe status. 
A facility found 
to 
have 
lead 
hazards shall abate or remediate the hazards to at least a 
lead-safe status. 
Page l-LR1952(1) 
Sec. 5. 22 MRSA §1319-C, sub-§2, as enacted by PL 1999, c. 
276, §10, is amended to read: 
if: 
2. 
Exemptions. 
A facility may be exempt from subsection 1 
A. 
The facility was constructed in 1978 or later; 
B. 
The facility has been certified as lead-safe within the 
previous 12 months; 
C. The facility has been certified as lead-free; or 
D. 
The facility does not serve any children under 6 years 
of age. 
Sec. 6. 22 MRSA §1321, first 1(, as amended by PL 1995, c. 453, 
§10, is further amended to read: 
If the department determines that an environmental 
lead 
hazard exists 
in or 
on 
any 
dwelling, 
premises, 
residential 
eaHEl-eaFe 
child-occupied 
facility, 
child 
care 
facility 
or 
~Feseaee~-~aei~ity nursery school: 
Sec. 7. 22 MRSA §1321, sub-§I, as amended by PL 1999, c. 276, 
§13, is further amended to read: 
1. 
Notice posted. 
The department shall post in or upon the 
dwelling, 
premises, 
residential 
child-occupied 
facility, 
Elay 
child care center or nursery school, in a conspicuous place or 
places, notice of the existence of environmental lead hazard. 
Notice may not be removed until the department states that the 
environmental lead hazard no longer exists; 
Sec. 8. 22 MRSA § 1321, sub-§4, as amended by PL 1999, c. 790, 
Pt. A, §23, is further amended to read: 
4. 
Sale of dwelling, residential facility, child-occupied 
facility or nursery school. If, before the end of the 30-day 
period or extension, the owner sells the dwelling, premises, Elay 
child care eeateF facility, residential child-occupied facility 
or nursery school, the owner shall notify the prospective buyer 
of the environmental lead hazard and the new owner must assume 
the responsibility of carrying out the 
requirements of this 
section within the specified time period. 
Sec. 9. 22 MRSA §1322, 2nd 1(, as amended by PL 1999, c. 276, 
§15, is further amended to read: 
It: Until the owner 
e.eeiae6--t-o--~Fi:aE3 brings any residential 
dwelling or premises into compliance with this Act while a tenant 
is occupying a dwelling unit, the owner shall move the tenant to 
a 
substitute 
dwelling 
unit 
upon 
reasonable 
notice. 
The 
department may, on a case-by-case basis, waive this requirement 
if the department determines that the implementation of interim 
controls sufficiently protects the residents of the unit until 
full 
abatement is achieved. 
The 
owner shall pay 
reasonable 
moving 
expenses 
and 
any 
use 
and 
occupancy 
charges 
for 
a 
substitute dwelling unit that exceed the rent for the vacated 
dwelling 
unit 
for 
which 
the 
tenant 
remains 
responsible. 
"Substitute dwelling unit" means 
a 
dwelling unit of like or 
similar accommodation and in like or similar location that is 
lead-safe. 
If the tenant fails to accept the substitute dwelling 
unit selected by the owner while the owner is required to bring 
the vacated dwelling unit into compliance with this Act or the 
tenant fails to remain current in rent pursuant to the lease or 
tenancy at will under Title 14, 
section 6002, 
including the 
statutory period of right to cure, the owner is not obligated 
beyond 10 days after completion of remediation to reimburse the 
tenant 
for 
any 
expense 
or 
inconvenience 
other 
than 
moving 
expenses and any use and occupancy charges for the substitute 
dwelling unit selected by the owner that exceed the rent for the 
vacated dwelling unit. 
Sec. 10. 22 MRSA §1326, as amended by PL 1995, c. 453, §18, 
is further amended to read: 
§1326. Injunction requiring removal 
If the lead-based substance remains an environmental lead 
hazard at the expiration of 30 days or at the expiration of an 
extension given by the commissioner pursuant to section 1321, the 
State, in addition to any other remedies it has, 
may seek a 
mandatory 
injunction 
ordering 
the 
environmental 
lead 
hazard 
removed by a suitable 3rd party at the expense of the owner of 
the 
dwelling, 
premises, 
residential 
ehila-eaFe 
child-occupied 
facility, child care center or pFeseheel-faeili~y nursery school. 
Sec. 11. 22 MRSA §1402, first" as amended by PL 1995, c. 292, 
§1, is further amended to read: 
All hospitals and other health care facilities providing 
screening, diagnostic or therapeutic services with respect to 
cancer shall report to the Department of Human Services all 
persons diagnosed as having a malignant tumor or certain benign 
tumors as determined by rule no later than 3B-aays 6 months from 
the date of diagnosis 
eF-4~~£ha~E3e-~~~-&-hespi~al. 
The report 
must include information on the person I s 
usual occupation and 
industry of employment and other elements determined by rule to 
be appropriate. 
The Commissioner of Human Services shall adopt 
rules to implement this section. 
Rules adopted pursuant to this 
section are 
routine technical 
rules 
as 
defined in Title 
5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This bill defines columbarium and community mausoleum. 
It 
also inserts the word 
"community" 
to distinguish between the 
burial of dead human remains in a community mausoleum or other 
structure and the burial of dead human remains in a privately 
owned or family mausoleum. 
This bill 
amends 
the 
cancer 
registry 
laws 
to call for 
reporting certain benign tumors and to extend certain reporting 
deadlines. 
This 
bill 
amends 
the 
childhood 
achieve consistency with the day care 
internal consistency of the law. 
lead poisoning 
laws 
to 
statutes and to achieve