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*hb0892*
HOUSE BILL 892
C2 6lr1563
HB 1354/25 – ECM & HGO CF SB 233
By: Delegates Hill, Boyce, Ebersole, Kaiser, Kaufman, J. Long, Ruth, Schindler,
Simmons, Smith, Stinnett, Terrasa, and Ziegler
Introduced and read first time: February 4, 2026
Assigned to: Economic Matters and Health
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 10, 2026
CHAPTER ______
AN ACT concerning 1
Business Regulation – Cemeteries – Actions for Sale, Transfer, or Alternate Use 2
FOR the purpose of authorizing certain persons to bring an action when the owner of a 3
property that includes a cemetery proposes the sale, transfer, or alternate use of all 4
or part of a certain cemetery; requiring a court to take certain actions under certain 5
circumstances; and generally relating to actions for the sale, transfer, or alternate 6
use of cemeteries. 7
BY repealing and reenacting, with amendments, 8
Article – Business Regulation 9
Section 5–101 and 5–505 10
Annotated Code of Maryland 11
(2024 Replacement Volume and 2025 Supplement) 12
BY repealing 13
Article – Business Regulation 14
Section 5–506 15
Annotated Code of Maryland 16
(2024 Replacement Volume and 2025 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Real Property 19
Section 14–121(a)(1), (3), and (4) 20
Annotated Code of Maryland 21
2 HOUSE BILL 892
(2023 Replacement Volume and 2025 Supplement) 1
Preamble 2
WHEREAS, The purpose of a cemetery is to be a permanent place for the disposition 3
of the dead, a sacred ground to memorialize and honor the dead, and to provide a place for 4
visitation by relatives, friends, and others to remember, honor, and grieve and to preserve 5
the history of those interred and their community; now, therefore, 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Business Regulation 9
5–101. 10
(a) In this title the following words have the meanings indicated. 11
(b) “Alkaline hydrolysis” means the process of reducing human remains using 12
water, alkaline chemicals, and heat inside a watertight vessel to accelerate decomposition. 13
(c) “Authorizing agent” has the meaning stated in § 5–508 of the Health – General 14
Article. 15
(d) (1) “Burial goods” means goods that are used in connection with burial. 16
(2) “Burial goods” includes: 17
(i) a casket; 18
(ii) a grave liner; 19
(iii) a memorial; 20
(iv) a monument; 21
(v) a scroll; 22
(vi) an urn; 23
(vii) a vase; and 24
(viii) a vault. 25
(e) “Burial goods business” means a business that provides burial goods. 26
(f) (1) “Cemetery” means land used or to be used for interment. 27
HOUSE BILL 892 3
(2) “Cemetery” includes: 1
(I) a structure used or to be used for interment; AND 2
(II) A STRUCTURE USED TO CO NDUCT BUSINESS RELAT ED TO 3
THE OPERATION OF A CEMETERY. 4
(g) “Cremation” means the disposition of a dead human body by means of 5
incineration. 6
(h) “Crematory” means a building, portion of a building, or structure that houses 7
the necessary appliances and facilities for cremation or alkaline hydrolysis. 8
(I) “CULTURAL AFFILIATION” HAS THE MEANING STAT ED IN § 14–121 OF 9
THE REAL PROPERTY ARTICLE. 10
(J) “DESCENDANT COMMUNITY ORGANIZATION” MEANS AN ORGANIZATION 11
THAT HAS MEMBERS WHO HAVE ANCESTORS WHO ARE INTERRED AT A CEMETE RY 12
OR WHO HAVE A CULTURAL AFFILIATION WITH THE DECEASED PERSONS INTERRED 13
AT A CEMETERY. 14
[(i)] (K) “Director” means the Director of the Office of Cemetery Oversight. 15
[(j)] (L) “Engage in the operation of a cemetery” means owning, controlling, or 16
managing a cemetery, including performing activities necessary for: 17
(1) the establishment, improvement, care, preservation, or embellishment 18
of a cemetery; 19
(2) interment; and 20
(3) the providing of burial space or burial goods. 21
[(k)] (M) (1) “Engage in the operation of a crematory” means controlling or 22
managing a crematory. 23
(2) “Engage in the operation of a crematory” does not include: 24
(i) the practice of funeral direction or the practice of mortuary 25
science; or 26
(ii) 1. assistance in making decisions and filling out forms that 27
are not directly related to cremation; 28
4 HOUSE BILL 892
2. obtaining vital statistics, signatures, and other 1
information necessary to complete a death certificate; 2
3. transportation of a body to the place of disposition; or 3
4. any other services regarding the disposition of a body that 4
are not directly related to cremation. 5
[(l)] (N) (1) “Engage in the operation of a reduction facility” means 6
controlling or managing a reduction facility. 7
(2) “Engage in the operation of a reduction facility” does not include: 8
(i) the practice of funeral direction or the practice of mortuary 9
science; or 10
(ii) 1. assistance in making decisions and filling out forms that 11
are not directly related to natural organic reduction; 12
2. obtaining vital statistics, signatures, and other 13
information necessary to complete a death certificate; 14
3. transportation of a body to the place of disposition; or 15
4. any other services regarding the disposition of a body that 16
are not directly related to natural organic reduction. 17
[(m)] (O) “Funeral establishment” means a building, structure, or premises from 18
which the business of funeral directing or embalming is conducted. 19
[(n)] (P) (1) “Human remains” means: 20
(i) the body of a deceased person; or 21
(ii) a part of a body or limb that has been removed from a living 22
person. 23
(2) “Human remains” includes the body or part of a body or limb in any 24
state of decomposition. 25
(3) “Human remains” does not include soil remains produced after the 26
completion of natural organic reduction. 27
[(o)] (Q) “Hydrolyzed remains” means the bone fragments produced by the 28
completion of alkaline hydrolysis. 29
HOUSE BILL 892 5
[(p)] (R) “Interment” means all final disposition of h uman remains or pet 1
remains, including: 2
(1) earth burial; 3
(2) mausoleum entombment; and 4
(3) niche or columbarium interment. 5
[(q)] (S) “Natural organic reduction” means the contained accelerated 6
conversion of human remains into soil. 7
[(r)] (T) “Office” means the Office of Cemetery Oversight. 8
[(s)] (U) “Permit” means a permit issued by the Director to allow a partnership, 9
limited liability company, or corporation to operate a business through which a registrant 10
may: 11
(1) engage in the operation of a cemetery or crematory; or 12
(2) provide burial goods. 13
[(t)] (V) (1) “Pet remains” means the body of a deceased animal that was kept 14
as a pet. 15
(2) “Pet remains” includes the body of a pet or a part of a pet’s body in any 16
state of decomposition or the body of a pet after having been cremated. 17
[(u)] (W) (1) “Preneed goods” means burial goods that are sold before the 18
buyer’s death. 19
(2) “Preneed goods” does not include burial space. 20
[(v)] (X) “Provide burial goods” means a retail transaction: 21
(1) to erect, service, or inscribe burial memorials; or 22
(2) to sell burial goods. 23
[(w)] (Y) “Reduction facility” means a building, portion of a building, or structure 24
that houses the necessary appliances, containers, and facilities for performing natural 25
organic reduction. 26
[(x)] (Z) “Registered cemeterian” means an individual registered to operate a 27
cemetery as a sole proprietor or on behalf of a sole proprietor or of a permit holder. 28
6 HOUSE BILL 892
[(y)] (AA) “Registered crematory operator” means an individual registered to 1
operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder. 2
[(z)] (BB) “Registered reduction operator” means an individual registered to 3
operate a reduction facility as a sole proprietor or on behalf of a sole proprietor or a permit 4
holder. 5
[(aa)] (CC) “Registered seller” means an individual registered to provide burial 6
goods as a sole proprietor or on behalf of a sole proprietor or of a permit holder. 7
[(bb)] (DD) “Registration” means a registration issued by the Director authorizing 8
an individual to operate a cemetery, to operate a crematory, to operate a reduction facility, 9
or to provide burial goods. 10
[(cc)] (EE) “Responsible party” means a sole proprietor or the individual 11
designated by a partnership, limited liability company, or corporation to be responsible for 12
the operations of a cemetery, crematory, reduction facility, or burial goods business. 13
[(dd)] (FF) “Soil remains” means the soil produced at final disposition of a dead 14
human body at a reduction facility by completion of natural organic reduction. 15
5–505. 16
(a) IN THIS SECTION, “PERSON IN INTEREST” HAS THE MEANING STATED IN 17
§ 14–121 OF THE REAL PROPERTY ARTICLE. 18
(B) THIS SECTION DOES NOT APPLY TO PROPERTY AC QUIRED BY THE 19
DEPARTMENT OF TRANSPORTATION THAT IS NECESSARY FOR A PUBLIC PROJECT. 20
(C) (1) An action may be brought in accordance with the Maryland Rules [and 21
a court may pass a judgment for sale of a burial ground for another purpose if: 22
(1) the ground has been dedicated and used for burial; 23
(2) burial lots have been sold in the burial ground and deeds executed or 24
certificates issued to buyers of the lots; 25
(3) the ground has ceased to be used for burial; and 26
(4) it is desirable to dispose of the burial ground for another purpose ] 27
WHEN THE OWNER OF PR OPERTY THAT INCLUDES A CEMETERY PROPOSES THE 28
SALE, TRANSFER, OR ALTERNATE USE OF ALL OR PART OF THE C EMETERY THAT 29
DOES NOT CONFORM WITH THE OPERATION OF A CEMETERY. 30
(2) AN ACTION UNDER PARAGRAPH (1) OF THIS SUBSECTION MAY BE 31
BROUGHT BY: 32
HOUSE BILL 892 7
(I) A PERSON WITH A BURIAL RIGHT IN THE CEMETERY; 1
(II) A DESCENDANT COMMUNITY ORGANIZATION; 2
(III) A NONPROFIT ORGANIZA TION THAT HAS A PURP OSE OF 3
PRESERVING THE CEMETERY; 4
(IV) A GOVERNMENTAL UNIT WITH A FINANCIAL, REGULATORY, 5
OR OTHER INTEREST IN THE PROPERTY; OR 6
(V) A PERSON IN INTEREST. 7
(3) THE OWNER OF THE PROP ERTY THAT INCLUDES T HE CEMETERY 8
HAS THE BURDEN OF PROOF IN ANY PROCEEDING REGARDING THE DISPOSITION OF 9
THE PROPERTY AND THE CEMETERY. 10
(C) (D) AFTER HEARING FROM AN Y PERSON DESCRIBED U NDER 11
SUBSECTION (B)(2) (C)(2) OF THIS SECTION WHO WISHES TO BE HEARD O N THE 12
PROPOSED SALE , TRANSFER, OR ALTERNATE USE OF THE CEMETERY UNDER 13
SUBSECTION (B) (C) OF THIS SECTION, THE COURT SHALL: 14
(1) ALLOW THE PROPOSED SALE, TRANSFER, OR ALTERNATE USE OF 15
ALL OR PART OF THE CEMETERY; 16
(2) PROHIBIT THE PROPOSED SALE, TRANSFER, OR ALTERNATE USE 17
OF ALL OR PART OF THE CEMETERY; OR 18
(3) ORDER AN ALTERNATIVE DISPOSITION OF THE CEMETERY. 19
[(b)] (D) (E) If the court is satisfied that it is [expedient] APPROPRIATE or would 20
be in the interest of [the parties] A PERSON DESCRIBED IN SUBSECTION (B)(2) (C)(2) 21
OF THIS SECTION to sell the [burial ground] CEMETERY, the court SHALL: 22
(1) [may] pass a judgment for the sale of the [burial ground] CEMETERY 23
on the terms and notice the court sets; 24
(2) [shall] order that as much of the proceeds of the sale as necessary be 25
used to pay the expenses of removing any human remains in the [burial ground ] 26
CEMETERY, buying burial lots in another [burial ground] CEMETERY, and reburying the 27
remains; and 28
(3) [shall] distribute the remaining proceeds of the sale among the parties 29
according to their interests. 30
8 HOUSE BILL 892
[(c)] (E) (F) A judgment [for] APPROVING the sale of a [burial ground passes to the 1
buyer of the burial ground] CEMETERY CONVEYS the title [to the burial ground] OF THE 2
CEMETERY free of the claims of: 3
(1) the owners of the [burial ground] CEMETERY; and 4
(2) the holders of burial [lots] RIGHTS IN THE CEMETERY. 5
(F) (G) IF THE COURT DETERMIN ES THAT THE SALE OR TRANSFER OF A 6
CEMETERY IS INAPPROP RIATE AND NOT IN THE BEST INTEREST OF A P ERSON 7
DESCRIBED IN SUBSECTION (B)(2) (C)(2) OF THIS SECTION, THE COURT SHALL: 8
(1) (I) APPROVE THE TRANSFER TO A DESCEN DANT COMMUNITY 9
ORGANIZATION OR OTHER NONPROFIT ORGANIZATION THAT AGREES TO MAINTAIN 10
AND PRESERVE THE CEMETERY; AND 11
(II) APPROVE THE PRICE OF THE TRANSFER , INCLUDING A 12
DONATION OR NOMINAL FEE; OR 13
(2) ORDER A NEGOTIATION BETWEEN THE OWNER OF THE CEMETERY 14
AND THE PERSON THAT WISHES TO ACQUIRE IT. 15
(H) A COURT SHALL MAKE ALL DETERMINATIONS REQUIRED UNDER THIS 16
SECTION FOR THE DISPOSITION OF A PROPERTY THAT INCLUDES A CEMETERY NOT 17
MORE THAN 6 MONTHS AFTER THE ACTION IS FILED UNDER SUBSECTION (C) OF THIS 18
SECTION. 19
[5–506. 20
(a) An action may be brought in accordance with the Maryland Rules and a court 21
may pass a judgment for sale of a burial ground in Baltimore City for another purpose if: 22
(1) the ground has been dedicated and used for burial; 23
(2) burial lots have been sold in the burial ground and deeds executed or 24
other written instruments issued to buyers of the lots without provision being made for 25
perpetual care of the lots; and 26
(3) more than 75% of the area of the burial ground: 27
(i) has been abandoned; or 28
(ii) is harmful to the public health, safety, or welfare. 29
HOUSE BILL 892 9
(b) The action may be brought by: 1
(1) a person with a property right in the burial ground; or 2
(2) a governmental unit with an interest in ending the conditions that are 3
harmful to the public health, safety, or welfare. 4
(c) If the court is satisfied that more than 75% of the area of a burial ground has 5
been abandoned or is harmful to the public health, safety, or welfare, the court: 6
(1) may pass a judgment for the sale of the entire burial ground on the 7
terms and notice the court sets; and 8
(2) may appoint a trustee to sell the burial ground. 9
(d) The trustee shall distribute the sale proceeds: 10
(1) first, to pay the expenses of removing any human remains, that, with 11
reasonable care, can be definitely located in the burial ground, buying burial lots in another 12
burial ground, and reburying the remains; 13
(2) second, to pay expenses of removing any markers that are in good 14
condition from the old lots and relocating the markers on new lots; 15
(3) third, to pay the expenses of ending conditions that are harmful to the 16
public health, safety, or welfare, unless the contract of sale of the burial ground provides 17
for abatement of those condition s within a reasonable period of time after the sale is 18
completed; 19
(4) fourth, to pay the costs of necessary legal proceedings, including court 20
costs, trustee’s commissions, and legal fees; 21
(5) fifth, to pay in full any taxes; and 22
(6) finally, to p ay the balance of the proceeds to the person who, 23
immediately before the sale, had record title to the burial ground in its entirety according 24
to the land records of Baltimore City. 25
(e) A judgment for the sale of a burial ground or a deed or other convey ancing 26
instrument executed by a trustee under this section passes to the buyer of the burial ground 27
the title to the burial ground free of: 28
(1) the claims of the owners of the burial ground; 29
(2) the claims of the holders of burial lots; and 30
10 HOUSE BILL 892
(3) the intended or actual use or dedication of the land in the burial ground 1
for burial.] 2
Article – Real Property 3
14–121. 4
(a) (1) In this section the following words have the meanings indicated. 5
(3) “Cultural affiliation” means a relationship of shared group identity that 6
can be reasonably traced historically between a present–day group, tribe, band, or clan and 7
an identifiable earlier group. 8
(4) “Person in interest” means a person who: 9
(i) Is related by blood or marriage to the person interred in a burial 10
site; 11
(ii) Is a domestic partner, as defined in § 1 –101 of the Health – 12
General Article, of a person interred in a burial site; 13
(iii) Has a cultural affiliation with the person interred in a burial site; 14
or 15
(iv) Has an interest in a burial site that the Office of the State’s 16
Attorney for the county where the burial site is located recognizes is in the public interest 17
after consultation with a local burial sites advisory board or, if such a board does not exist, 18
the Maryland Historical Trust. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2026. 21
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.