Johnson’s cemetery law rewrite moves forward

Wed, 03/26/2014 - 8:30am

    In 2013, the Maine state legislature passed LD 274, which made towns responsible for maintaining the graves, headstones, monuments and markers of all veterans in public cemeteries and ancient burying grounds, whether public or privately-owned. Under this law, towns are also required to cut grass, weeds and brush around all graves in ancient burying grounds and specific maintenance standards are defined.

    Prior to the new law, towns were responsible for town-owned cemeteries and wartime veterans’ graves, wherever they lay.

    Sen. Chris Johnson (D-Somerville) said when LD 274 went into effect last July, communities were suddenly saddled with a new mandate, no clear guidelines and no funding.

    “Waldoboro had 68 cemeteries and Nobleboro had 80 that met the definition,” Johnson said. “Some of them out in the woods, of various sizes and in all sorts of states of repair. The towns were faced with the new law after their budgets were in place and they were grappling with how to deal it.”

    This session, Johnson proposed amendment LD 1662, which keeps the mandate to maintain public cemeteries, veterans’ graves and ancient burying grounds, but allows local control over work and decision-making. Under LD 1662, towns would work with local organizations to preserve cemeteries and graves, and if desired, communities can define local standards of care.

    So far, LD 1662 has found strong support from both sides of the aisle and appears headed for easy passage this session. The State and Local Government Committee voted unanimously on March 17 that the amendment “ought to pass.” A full vote is expected in April.

    Although not originally submitted as an emergency, Johnson said the committee may decide to forward the amendment as an emergency action, which means immediate implementation after signing, rather than the 90-day delay of a non-emergency measure.

    In the meantime, towns like Woolwich are making plans with Johnson’s amendment in mind.