An Act To Provide for Enforcement of Land Use Limitations Relating to Cemeteries
Maine Legislature, Session 123, LD 0523
Committee Amendment CA_A_H109 (House)
Amends: 13 MRSA §1035, 13 MRSA §1371-A

COMMITTEE AMENDMENT" 4" to H.P. 401, L.D. 523, Bill, "An Act To 
Provide for Enforcement of Land Use Limitations Relating to Cemeteries" 
Amend the bill by striking out sections 1 and 2 and inserting the following: 
'Sec. 1. 13 MRSA §1035 is amended to read: 
§1035. Penalties 
Whoever Except as otherwise provided in this chapter, a person who fails to comply 
with or violates any of the provisions of this chapter in respect to the establishment, 
maintenance or operation of a cemetery, community mausoleum, crematory or 
columbarium, or to the disposal of dead human bodies shall, unless another penalty is 
provided under this chapter, be punished by a fine of not less than $100 nor more than 
$500, or by imprisonment for not more than 6 months, or by both commits a Class E 
crime except that, notwithstanding Title 17-A, section 1301, the fine may not be less than 
$100 or more than $500. 
Sec. 2. 
MRSA §1371-A, suh-§l, as enacted by PL 1991, c. 412, §2, is 
amended to read: 
1. Known burial sites. Construction or excavation in the area of near a known 
burial site or within the boundaries of an established graveyard cemetery must comply 
with any applicable land use ordinance concerning burial sites or graveyards established 
cemeteries, whether or not the burial site or graveyard established cemetery is properly 
recorded in the deed to the property. In the absence of local ordinances, construction or 
excavation may not be conducted within 25 feet of a known burial site or within 25 feet 
of the boundaries of an established graveyard cemetery, whichever is the greater, whether 
or not the burial site or graveyard established cemetery is properly recorded in the deed to 
the property, except when the construction or excavation is performed pursuant to a 
lawful order or permit allowing the relocation of bodies or when necessary for the 
construction of a public improvement, as approved by the governing body of a city or 
town or, in the case of a state highway, by the Commissioner of Transportation. 
A 
COMMITTEE AMENDMENT 
· ~" 
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II 
COMMITTEE AMENDMENT" 4 " 
to H.P. 401, L.D. 523 
municipality may enforce this subsection or any local ordinance concerning burial sites or 
established cemeteries pursuant to Title 30-A, section 4452, including the assessment of 
civil penalties. 
In the event of any violation of this subsection, the Attorney General may seek to enjoin a 
further violation, in addition to any other remedy. 
Sec. 3. 13 MRSA §1371-A, sub-§3, as enacted by PL 1991, c. 412, §2, is 
amended to read: 
3. Application. This section applies only to burial sites and graveyards established 
cemeteries containing the bodies of humans.' 
Amend the bill in section 5 in paragraph T in the first line (page 1, line 28 in L.D.) by 
inserting after the following: "sites" the following: 'and established cemeteries' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment specifies that a violation of statutory limitations on construction and 
excavation near burial sites is a civil violation punishable by fines set in the Maine 
Revised Statutes, Title 30-A, section 4452 between $100 and $2,500 that may be assessed 
on a per-day basis. It also allows for the Attorney General's office to seek injunctive 
relief. The language in Title 13, section 1035 is amended to conform with updated 
statutes in Title 17-A, and section 1371-A is amended to conform to the rest of the 
chapter by replacing "graveyard" with "established cemetery." 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04112/07 frac.. 
LD523 
LR 1051(02) 
An Act To Provide for Enforcement of Land Use Limitations Relating to Cemeteries 
Fiscal Note for Bill as Amended by Committee Amendment" A " 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
LRI051(02) - Fiscal Note - Page 1 of 1