An Act Regarding the Maine State Cemetery Preservation Commission
Maine Legislature, Session 131, LD 1233
Committee: State and Local Government
Sponsors: GREENWOOD, BALDACCI, COPELAND, FAULKINGHAM, MATLACK, PAULHUS, RISEMAN, RUDNICKI, WOODSOME, NANGLE
Amends: 13 MRSA §1374

Legislative Document
No. 1233
H.P. 781
House of Representatives, March 21, 2023
An Act Regarding the Maine State Cemetery Preservation 
Commission
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GREENWOOD of Wales.
Cosponsored by Senator BALDACCI of Penobscot and
Representatives: COPELAND of Saco, FAULKINGHAM of Winter Harbor, MATLACK of 
St. George, PAULHUS of Bath, RISEMAN of Harrison, RUDNICKI of Fairfield, 
WOODSOME of Waterboro, Senator: NANGLE of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  13 MRSA §1374, sub-§3, as enacted by PL 2021, c. 584, §2, is amended to 
read:
3.  Duties.  The cemetery preservation commission may shall:
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.; and  
D.  Investigate violations of the laws governing burying grounds and cemeteries 
reported to the cemetery preservation commission, municipal officials, state and local 
law enforcement agencies, a statewide association dedicated to the preservation of 
neglected cemeteries or a statewide association dedicated to the operation and 
maintenance of cemeteries.  The cemetery preservation commission shall provide 
information relating to the investigations and recommendations for action on the 
violations to municipal officials and the Attorney General.
Sec. 2.  13 MRSA §1374, sub-§3-A is enacted to read:
3-A.  Powers.  The cemetery preservation commission may:
A.  Hire appropriate staff to assist in carrying out the duties of the cemetery 
preservation commission;
B.  Create a web page on the State's publicly accessible website that provides 
information related to the cemetery preservation commission's duties and powers;
C.  Prepare educational materials, which may include links to websites relating to the 
laws governing burying grounds and cemeteries, for distribution to municipalities and 
officers of associations that have representatives on the cemetery preservation 
commission for distribution to their members;
D.  Establish a grant program under which communities may apply for a grant for the 
restoration of burying grounds and cemeteries; and
E.  Submit to the Legislature, at the start of each session, such legislation as the 
cemetery preservation commission determines appropriate regarding the care, 
protection and preservation of and access to burying grounds and cemeteries.
Sec. 3.  Burial-transit permit fee increase.  The Department of Health and Human 
Services shall increase the fee for a burial-transit permit by $5.  The $5 increase must be 
used to fund the operation of the Maine State Cemetery Preservation Commission.  For 
purposes of this section, “burial-transit permit” means a permit for the transportation, 
temporary storage, disinterment or final disposition of a dead body by burial, cremation, 
burial at sea, use by medical science or removal from the State, as specified by the Maine 
Revised Statutes, Title 22, section 2843.
Sec. 4.  Grant program; report.  By November 6, 2024, the Maine State Cemetery 
Preservation Commission shall submit a report to the joint standing committee of the 
Legislature having jurisdiction over state and local government matters relating to 
establishing a grant program pursuant to the Maine Revised Statutes, Title 13, section 1374, 
subsection 3-A, paragraph D.  The joint standing committee may report out a bill relating 
to the report to the 132nd Legislature in 2025.
SUMMARY
Current law authorizes, rather than requires, the Maine State Cemetery Preservation 
Commission to take certain actions that are identified as duties.  This bill requires the 
cemetery preservation commission to take those actions.  The bill adds to the duties of the 
cemetery preservation commission a requirement to investigate violations of the laws 
governing burying grounds and cemeteries and make recommendations related to those 
violations to the relevant municipal officials and the Attorney General.  The bill authorizes 
the cemetery preservation commission to hire staff, create a web page on the State's 
publicly accessible website, prepare educational materials for distribution to municipalities 
and statewide cemetery associations, establish a grant program under which communities 
may apply for a grant for the restoration of burying grounds and cemeteries and submit 
legislation at the start of each session regarding the care, protection and preservation of and 
access to burying grounds and cemeteries.  The bill also directs the Department of Health 
and Human Services to increase the fee for a burial-transit permit by $5, with the increase 
to be used to fund the operation of the Maine State Cemetery Preservation Commission.