An Act To Establish the Maine State Cemetery Commission
Maine Legislature, Session 130, LD 0379
Committee Amendment CA_A_S450 (Senate)
Amends: 5 MRSA §12004, 13 MRSA §1374

CO:Mlv1ITTEE AMENDMENT"(\ "to S.P. 167, L.D. 379, "An Act To Establish the 
Maine State Cemetery Commission" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Establish the Maine State Cemetery Preservation Commission' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRSA §12004-1, sub-§2-H is enacted to read: 
2-H. 
Cemeteries 
Maine State Cemetery Preservation 
Commission 
Sec. 2. 13 MRSA §1374 is enacted to read: 
Not Authorized 
§1374. Maine State Cemetery Preservation Commission 
13MRSA 
§1374 
The Maine State Cemetery Preservation Commission, referred to in this section as "the 
cemetery preservation commission," is established by Title 5, section 12004-1, subsection 
2-H to provide advice and education regarding matters related to preserving cemeteries. 
1. Members. The cemetery preservation commission has the following 10 members: 
A. Two members representing a statewide association dedicated to the preservation of 
neglected cemeteries, appointed by its board of directors; 
B. Two members representing a statewide association of cemetery directors and 
supervisors, appointed by its board of directors; 
C. One member representing a statewide association representing municipalities. 
appointed by its board of directors; 
D. One member representing a statewide association of town clerks, appointed by its 
board of directors; 
COMMITTEE AMENDMENT 
ROS 
COMMITTEEAMENDMENT" /4"toS.P.167,L.D.379 [S-L{~ 
E. One member representing a statewide association of funeral directors, appointed by 
its board of directors; 
F. The Director of the Maine Bureau of Veterans' Services within the Department of 
Defense, Veterans and Emergency Management, or the director's designee; 
G. One member representing a statewide association of real estate brokers, appointed 
by its board of directors; and 
H. One member representing a statewide historical society, appointed by its board of 
directors. 
2. Optional member. The tribal governments of the Aroostook Band ofMicmacs, the 
Houlton Band of Maliseet Indians, the Passamaquoddy Tribe at Motahkomikuk, the 
Passamaquoddy Tribe at Sipayik and the Penobscot Nation may jointly appoint as a 
member of the cemetery preservation commission an individual who is a member of a 
federally recognized Indian nation, tribe or band in the State. 
3. Duties. The cemetery preservation commission may: 
A. Advise and educate municipalities and property owners about the existence of 
burying grounds and cemeteries and the laws applicable to burying grounds and 
cemeteries; 
B. Advise and educate municipalities, property owners and owners of burying grounds 
and cemeteries on the proper care and preservation of graves, gravestones, walls and 
fences in and around burying grounds and cemeteries; and 
C. Review statutes applicable to burying grounds and cemeteries and provide 
information to the Legislature on recommended changes. 
4. Bureau's duties. Notwithstanding subsection 3, the duties of the Department of 
Defense, Veterans and Emergency Management, Maine Bureau of Veterans' Services are 
limited to arranging for and attending cemetery preservation commission meetings and 
must be accomplished within existing resources. 
5. Bylaws. The members shall adopt bylaws within one year of the effective date of 
this section. The bylaws must provide for the regulation and management of the affairs of 
the cemetery preservation commission and must establish the terms of office, including 
staggering the initial terms, the method for selecting a chair and the method for filling a 
vacancy on the cemetery preservation commission. The bylaws may be amended at any 
time by the affirmative vote of a majority of members.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
6 
This amendment changes the name of the Maine State Cemetery Commission to the 
Maine State Cemetery Preservation Commission to better reflect the focus and work of the 
8 
commission. 
The amendment adds additional members to the commission: one 
representative of a statewide association of real estate brokers, one representative of a 
statewide historical society and one optional member of a federally recognized Indian 
nation, tribe or band in Maine jointly recommended by the nations, tribes or bands. The 
amendment requires the Department of Defense, Veterans and Emergency Management, 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" v:)" to S.P. 167, L.D. 379 l s--l.\50) 
Maine Bureau of Veterans' Services to arrange for and attend commission meetings within 
existing resources. It requires the members to establish bylaws within one year of the 
effective date of the provisions of the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Revised: 03/09/22 fe'ae'!. 
LD379 
LR 1020(02) 
An Act To Establish the Maine State Cemetery Commission 
Fiscal Note for Bill as Amended by Committee Amendment "'4' [ S-L/ Sb) 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The bill limits the Department of Defense, Veterans and Emergency Management, Bureau of Veterans' Services duties 
to arranging for and attending cemetery preservation c01mnission meetings. Additional costs associated with these 
duties will be absorbed within existing budgeted resources. 
LR1020(02) - Fiscal Note - Page 1 of 1