APPROVED CHAPTER
APRIL 27, 2024 677
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
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H.P. 781 - L.D. 1233
An Act Regarding the Maine State Cemetery Preservation Commission
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §12004-I, 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repealed.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 Not Authorized 13 MRSA
Commission §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 further amended to read:
§1374. Maine State Cemetery Preservation Commission
The Maine State Cemetery 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 burying
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;
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;
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 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 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 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.;
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. 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.
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.
5. Bylaws. The members commission shall adopt bylaws within 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
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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 director; 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," is established as a nonlapsing
account into which is deposited, on a quarterly basis, $5 of the fee established by the
Department of Health and Human Services for a permit to transport 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 report to
the joint standing committee of the Legislature having jurisdiction over state and local
government matters. The report 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 Department of Health and Human Services shall, by December 15, 2024,
amend its rule Chapter 1: Transportation 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
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OTHER SPECIAL REVENUE FUNDS TOTAL $0 $85,500
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Statutes affected:
Bill Text LD 1233, HP 781: 13.1374
Bill Text ACTPUB , Chapter 677: 5.12004, 13.1374