An Act To Clarify the Law Goveming the Maintenance of Veterans' Grave Sites
Maine Legislature, Session 126, LD 1662
Committee Amendment CA_A_S469 (Senate)
Amends: 13 MRSA §1101, 13 MRSA §1101-A, 13 MRSA §1101-B

COMMITTEE AMENDMENT" A" to S.P. 656, L.D. 1662, Bill, "An Act To 
Clarify the Law Goveming the Maintenance of Veterans' Grave Sites" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 13 MRSA §1101, as repealed and replaced by PL 2013, c. 421, §l, is 
amended to read: 
§1101. Maintenance and repairs; municipality 
1. Grave sites of veterans in ancient burying grounds. In any ancient burying 
ground, as referenced in Title 30-A, section 5723, the municipality in which that burying 
ground is located, in collaboration with veterans' organizations, cemetery associations, 
civic and fratemal organizations and other interested persons, shall keep in good 
condition all graves, headstones, monuments and markers tm&,-te designating the burial 
place of Revolutionary soldiers and sailors and veterans of the Armed Forces of the 
United States. To the best of its ability given the location and accessibility of the ancient 
burying ground, the municipality, in collaboration with veterans' organizations, cemetery 
associations, civic and fraternal organizations and other interested persons, shall keep the 
grass, weeds and brush suitably cut and trimmed on those graves from May 1 st to 
September 30th of each year. A municipality may designate a caretaker to whom it 
delegates for a specified period of time the municipality's responsibilities regarding an 
ancient burying ground. 
1-A. 
Grave sites of persons who are not designated as veterans in ancient 
burying grounds. To the best of its ability given the location and accessibility of the 
ancient burying ground, the municipality in which an ancient burying ground is located 
may keep the grass, weeds and brush suitably cut and trimmed from May I st to 
September 30th of each year on all graves, headstones, monuments and markers in the 
ancient burying ground not designating the burial place of Revolutionary soldiers and 
sailors and veterans of the AImed Forces of the United States. A municipality may 
designate a caretaker to whom it delegates for a specified period of time the 
municipality's functions regarding an ancient burying ground. 
COMMITTEE AMENDMENT 
~01S 
COMMITTEE AMENDMENT" A" to S.P. 656, L.D. 1662 
2. Grave sites of veterans in public burying grounds. In any public burying 
ground in which a veteran of the Armed Forces of the United States is buried, the 
l1mnicipality in which that burying ground is located shall A municipality, cemetery 
corporation or cemetery association owning and operating a public burying ground shall, 
in collaboration with veterans' organizations, cemetery associations, civic and fraternal 
organizations and other interested persons, keep the grave, headstone, monument or 
marker designating the burial place of any veteran ofthe Anned Forces of the United 
States in that public burying ground in good condition and repair from May 1st to 
September 30th of each year, including:" 
A municipality in which a public burying ground is located may, in collaboration with 
veterans' organizations, cemetery associations, civic and fraternal organizations and other 
interested persons, adopt standards of good condition and repair to which grave sites of 
veterans of the Anned Forces of the United States must be kept. The standards at a 
minimum must detail how to maintain the grave, grass and headstones. 
If a municipality does not adopt standards, the municipality, cemetery corporation or 
cemetery association shall apply the following standards of good condition and repair: 
A. Regrading the grave site to make it level 'ovhen the grave site has sunle 3 or more 
inches compared to the surrounding ground; 
B. Maintaining the proper height and orientation, both vertical and horizontal, of the 
headstone, monument or marker; 
C. Ensuring that inscriptions on the headstone, monument or marker are visible and 
legible; 
D. Ensuring Ensure that the average height of grass at the grave site is between 1.5 to 
? S inGhAfl hllt no more thAn 1 inGhAfl is suitably cut and trimmed; 
E. Keeping Keep a flat grave marker free of grass and debris; and 
F. Keeoine Keep the burial place free off allen trees, branches, vines and weeds. 
Sec. 2. 13 MRSA §1101-A, sub-§4 is enacted to read: 
4. Public burying ground. "Public burying ground" means a burying ground or 
cemetery in which any person may be buried without regard to religious or other 
affiliation and includes a cemetery owned and operated by a municipality, a cemetery 
corporation or a cemetery association. 
Sec. 3. 13 MRSA §1101-B, sub-§2, as amended by PL 2013, c. 421, §2, is 
further amended to read: 
2. Maintenance by landowner. A person who owns a parcel of land that contains 
an ancient burying ground and chooses to deny access to the municipality or its caretaker 
designated pursuant to section 1101 shall assume the duties as described in section 1101 
and Title 30-A, section 2901, subsection 1. Maintenance of an ancient burying ground by 
the owner exempts the municipality from perfonning the duties as described in section 
1101. 
A municipality or its caretaker designated pursuant to section 1101 to carry out the 
municipality's functions regarding an ancient burying ground must have access to any 
COMMITTEE AMENDMENT 
~o~'O 1 
COMMITTEE AMENDMENT ",A" to S.P. 656, L.D. 1662 
ancient burying ground within the municipality in order to determine if the ancient 
burying ground is being maintained in good condition and repair. If an ancient bmying 
ground or a veteran's grave within an ancient bmying ground is not maintained in good 
condition and repair, the municipality may take over the care or appoint a caretaker to 
whom it delegates the municipality's functions regarding an ancient burying ground.' 
SUMMARY 
This amendment: 
L 
Provides that a municipality, in collaboration with veterans' organizations, 
cemetery associations, civic and fraternal organizations and other interested persons, must 
keep the grass, weeds and brush suitably cut and trimmed on veterans' grave sites in 
ancient burying grounds to the best of its ability from May 1st to September 30th of each 
year; 
2, 
Provides that a municipality, in collaboration with veterans' organizations, 
cemetery associations, civic and fraternal organizations and other interested persons, may 
keep the grass, weeds and brush suitably cut and trimmed on grave sites of persons who 
are not designated as veterans in ancient burying grounds to the best of its ability from 
May 1 st to September 30th of each year; 
3, 
Allows a municipality to designate a caretaker to whom it delegates the 
municipality's functions regarding care of grave sites of persons who are not veterans in 
an ancient burying ground; 
4. 
Requires a municipality, cemetery corporation or cemetery association, in 
collaboration with veterans' organizations, cemetery associations, civic and fraternal 
organizations and other persons, to keep grave sites of veterans in public burying grounds 
it owns and operates in good condition and repair from May 1st to September 30th unless 
a municipality, in collaboration with veterans' organizations, cemetery associations, civic 
and fraternal organizations and other interested persons, adopts standards of good 
condition and repair, instead of requiring a municipality to adopt standards as required in 
the bill. The standards that must be met include: ensuring that grass is suitably cut and 
trimmed; keeping a flat grave marker free of grass and debris; and keeping the burial 
place free of fallen trees, branches, vines and weeds; 
5. Adds a definition of "public burying ground"; and 
6. Specifies that a municipality or its designated caretaker must have access to any 
ancient burying ground within the municipality in order to determine if the ancient 
burying ground is being maintained properly, and if the ancient burying ground is not 
maintained properly, it gives the municipality the authority to take over the care or 
appoint a caretaker, 
COMMITTEE AMENDMENT