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An Act To Clarify Who May Authorize Repairs in a Burying Ground
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 13 MRSA §1371, sub-§1, ¶A, as enacted by PL 1987, c. 326, §1, is amended to read:
 
A. The authorization of the owner of the burial lot or a lineal descendent or next of kin of the deceased buried there, if reasonable to locate and notify; or
Sec. 2.  13 MRSA §1371, sub-§3  is enacted to read:
 
3.  Removal of memorial.     If a tomb, monument, gravestone, marker or other structure placed or designed as a memorial to the dead is in such poor condition that it must be removed or if the preservation of that memorial cannot be guaranteed in its original location, that memorial may be removed by a person who has obtained authorization or approval described in subsection 1, paragraph A or B to another location accessible to the public where that memorial's preservation can be guaranteed. Prior to removal of the memorial, a notice must be submitted to the municipality, or to the county in the case of a memorial in an unorganized territory, stating the location and identification of the memorial, the authority requesting the removal and the site to which the memorial will be moved and providing documentation of the reason the memorial cannot be preserved in its original location.
 
When possible, a replacement or replica of the removed memorial must be place in the original location along with information as to the location of the original memorial. If such placement is not possible, then a sign must be placed recording the new location of the memorial.
 
SUMMARY
This bill allows the next of kin of a deceased person, in addition to a lineal descendent, to authorize the repair, maintenance or removal of a memorial to the deceased. This bill also allows a memorial to be moved if it is in poor condition or the preservation of the memorial cannot be guaranteed in its present location.