SENATE, No. 28

By Mr. Berry, a petition (accompanied by bill, Senate, No. 28) of Frederick E. Berry and Theodore S. Speliotis for legislation relative to the identification of burial grounds and cemeteries on certain state-owned land. Bonding, Capital Expenditures and State Assets.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT relative to the identification of burial grounds and cemeteries on certain state-owned land

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  The commissioner of capital asset management and maintenance, in consultation with the commissioners of mental health, mental retardation, public health and correction shall conduct an investigation and study to identify, record, photograph and map burial grounds, cemeteries and other grave sites located on current or former state-owned public facilities now or formerly under their jurisdiction and control to which the commonwealth retains or can acquire without expense a right of re-entry. On or before June 30, 2008, the commissioner of capital asset management and maintenance shall, in consultation with the commissioners of those departments, file with the secretary of administration and finance and the chairmen of the joint committee on state administration a report, together with maps, photographs and copies of other documentation in the possession of the division of capital asset management and maintenance or those departments detailing the location of any such burial ground, cemetery or other grave site.  The report shall include a statement by the commissioner of capital asset management and maintenance of the present condition of any such burial ground, cemetery or other grave site and any action the division or departments have taken, are taking, and will be taking to cleanup, rehabilitate, reconstruct, restore and make accessible each such burial ground, cemetery or other grave site.  The report shall include a list of the names and grave or plot numbers of all persons reported to be buried in the burial grounds, cemeteries and other grave sites, a directory of the names and grave stones or plot marker numbers of all persons who are known to be buried in the burial grounds, cemeteries and other grave sites and an inventory of the total number of existing grave stones or plot marker numbers.

The report shall also include a detailed clarification by each of those departments for any discrepancies found to exist between the total number of persons known to be buried in the burial grounds, cemeteries and other grave sites and the total number of grave stones or plot marker numbers found there and the total number of persons reported to have been buried in the burial grounds, cemeteries and grave sites, if any, located on current or former state-owned public facilities now or formerly under their jurisdiction and control to which the commonwealth retains or can acquire without expense a right of re-entry.