An Act Regarding the Maine State Cemete1y Preservation di1lmission
Maine Legislature, Session 131, LD 1233
Committee Amendment CA_A_H950 (House)
Amends: 5 MRSA §12004, 5 MRSA §12004-J, 13 MRSA §1374

COMMITTEE AMENDMENT" _/1,, to H.P. 781, L.D. 1233, "An Act Regarding the 
Maine State Cemete1y Preservation di1lmission'' 
Amend the bill by striking out everything after the enacting clause and insetting the 
following: 
1Sec. 1. 5 MRSA §12004-1, sub-§2-H, as enacted by PL 2021, c. 584, §1, is 
repealed, 
Sec. 2. 5 MRSA §12004-J, sub-§21 is enacted to read: 
21. 
Cemeteries 
Maine State Cemetery Preservation 
Commission 
Not Authorized 
13MRSA 
§1374 
Sec. 3. 13 MRSA §1374, as enacted by PL 2021, c. 584, §2 and amended by PL 
2023, c. 369, Pt. A, §4 and affected by §5, is fmther amended to read: 
§1374. Maine State Cemetery Preservation Commission 
The Maine State Cemetety Preservation Commission, established by Title 5, section 
12004-J, subsection 21 and referred to in this section as "the cemetery preservation 
commission," is established by Title 5, section 12004 I, subsection 2 H an independent 
commission created to provide advice and education regarding matters related to to local 
units of government and members of the public on preserving cemeteries and bmying 
grounds. 
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; 
COMMITTEE AMENDMENT 
oCb 
~ 
COMMITTEE AMENDMENT" A, to H.P. 781, L.D. 1233 
C. One membei· 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; 
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 Depaiiment of 
Defense, Veterans and Emergency Management, or the director's designee; 
G. One member representing a statewide association ofreal 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 Mi'kmaq Nation, 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 shall: 
A. Advise and educate municipalities and prope1iy owners about the existence of 
burying grounds and cemeteries and the laws applicable to burying grounds and 
cemeteries; 
B. Advise and educate municipalities, prope1iy 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; aa4 
C. 
Review statutes applicable to burying grounds and cemeteries and provide 
information to the Legislature on recommended changes.,;_ 
D. Investigate violations of the laws governing burying grounds and cemeteries 
reported to the commission. The commission shall refer information relating to the 
investigations and recommendations for action on the violations to the appropriate 
municipal official or enforcement authority; 
E. Create a page on the State's publicly accessible website that provides information 
related to the commission's duties and powers; and 
F. Prepare educational materials, which may include links to websites relating to the 
laws governing burying grounds and cemeteries, for distribution to municipalities and 
to officers of associations that have representatives on the commission for distribution 
to their members. 
4. Bureau's duties. Not\vithstanding subsection 3, the duties of the Department of 
Defense, Veterans and Emergency Management, Maine Rareau of Veterans' Services are 
limited to arranging for and attending cemetery preservation commission meetings and 
must be accomplished 1.vithin existing resources. 
4-A, Meetings. The commission shall meet not less than 6 times per year at the call 
of the chair or by request of a majority of members. 
COMMITTEE AMENDMENT 
~oCb 
COMMITTEE AMENDMENT "A" to H.P. 781, L.D. 1233 
5, Bylaws. The members commission shall adopt bylaw8 'tVithin one year of the 
effective date of this section. The bylaws must that provide for matters such as 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. 
6. Executive dil'ector; staff; duties, The commission may select an individual to 
serve as the executive director of the commission. The executive director may hire 
appropriate staff to assist in carrying out the duties of the commission. 
7. 
Cemetery Preservation Commission Fund. 
The Cemetery Preservation 
Commission Fund, referred to in this section as "the fund, 11 is established as a nonlapsing 
account into which is deposited. on a qua1ierly basis, $5 of the fee established by the 
Department of Health and Human Services for a permit to transpmt and dispose of a dead 
human body. The commission may use the money in the fund to carry out its duties. 
8. Budget. The commission shall create a budget on an annual basis that includes its 
estimate of expenditures and appropriations necessary to enable the commission to perform 
its duties. 
9. 
Funding. The commission is authorized to receive funds from the Federal 
Government, from a political subdivision of the State or from an individual, foundation or 
corporation and may expend these funds for purposes that are consistent with this section. 
10. Report. By December 15th of each year, the commission shall submit a repoti to 
the joint standing committee of the Legislature having jurisdiction over state and local 
government matters. The repmi must include the commission's budget from the preceding 
fiscal year, an accounting of all income received and expenditures made by the 
commission, details on the work performed by the commission and the number of staff 
employed by the commission in the preceding 12-month period. 
Sec. 4. Burial-transit permit fee. Notwithstanding any provision of law to the 
contrary, the Depa1iment of Health and Human Services shall, by December 15, 2024, 
amend its rule Chapter 1: Transpmiation and Final Disposition of Dead Bodies to increase 
the fee charged for a burial-transit permit by $5. 
Sec. 5. 
Appropriations and allocations. The following appropriations and 
allocations are· made. 
MAINE STATE CEMETERY PRESERVATION COMMISSION 
Cemetery Preservation Fund N498 
Initiative: Provides an allocation for the Maine State Cemetery Preservation Commission 
for the funding received from additional fees collected for the burial-transit permit fee. 
OTHER SPECIAL REVENUE FUNDS 
2023-24 
2024-25 
All Other 
$0 
$85,500 
OTHER SPECIAL REVENUE FUNDS TOT AL 
$0 
$85,500 
COMMITTEE AMENDMENT 
~oCb 
COMMITTEE AMENDMENT" A" to H.P. 781, L.D. 1233 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill. It changes the Maine State Cemetery Preservation 
Commission from an advisory board under the Maine Revised Statutes, Title 5, section 
12004-I to an independent advis01y board under Title 5, section 12004-J. It changes the 
duties of the commission from optional to mandat01y. It requires the commission to 
investigate complaints of violations of laws governing burying grounds and cemeteries 
reported to the commission. It permits the commission to hire an executive director to 
carry out the functions of the commission and authorizes the executive director to hire 
additional staff as needed. It requires the commission to develop a budget for each year 
and include the budget, income and expenses and details of the commission's activities in 
a report due to the joint standing committee of the Legislature having jurisdiction over state 
and local government matters by December 15th of each year. It establishes the Cemete1y 
Preservation Commission Fund for use by the commission to accomplish the duties of the 
commission. The State Controller is required to deposit into the fund, on a quaiterly basis, 
$5 of the burial-transit permit fee collected by the Depaitment of Health and Human 
Services. It requires the Depa1tment of Health and Human Services to amend its rules to 
increase the fee for a burial-transit permit by $5. 
The amendment also adds an 
appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/09/24 ;t;pae 
LD 1233 
LR 1738(02) 
An Act Regarding the Maine State Cemetery Preservation Commission 
Fiscal Note for Bill as Amended by Committee Amendment '~ 
Committee: State and Local Government 
(H,96~ 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2023-24 
$0 
$0 
FY 2024-25 
$85,500 
$85,500 
Projections 
FY2025-26 
$85,500 
$85,500 
Projections 
FY 2026-27 
$85,500 
$85,500 
The bill includes Other Special Revenue Funds allocations to the Maine State Cemetery Preservation Cmmnission of 
i 
$85,500 in fiscal year 2024-25 for the funding received from additional fees collected for the burial transit fee. 
i
~--
lli 
~