State Veterans' Cemeteries - Interment

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0046*

SENATE BILL 46
P1, C2, J2 6lr0727
(PRE–FILED) CF HB 364
By: Senator Simonaire
Requested: August 22, 2025
Introduced and read first time: January 14, 2026
Assigned to: Finance
Committee Report: Favorable
Senate action: Adopted with floor amendments
Read second time: February 8, 2026

CHAPTER ______

AN ACT concerning 1

State Veterans’ Cemeteries – Interment 2

FOR the purpose of defining the term “interment location” for the purposes of provisions of 3
law governing the interment of individuals in State veterans’ cemeteries; requiring 4
the Department of Veterans and Military Families to provide an outer burial 5
receptacle, rather than a grave liner, or a columbarium niche and marker at no cost 6
with each interment location at a State veterans’ cemetery; and generally relating to 7
interment in State veterans’ cemeteries. 8

BY repealing and reenacting, without amendments, 9
Article – Business Regulation 10
Section 5–101(a) 11
Annotated Code of Maryland 12
(2024 Replacement Volume and 2025 Supplement) 13

BY repealing and reenacting, with amendments, 14
Article – Business Regulation 15
Section 5–101(p) and 5–803 16
Annotated Code of Maryland 17
(2024 Replacement Volume and 2025 Supplement) 18

BY repealing and reenacting, with amendments, 19
Article – Health Occupations 20
Section 7–406 21
2 SENATE BILL 46

Annotated Code of Maryland 1
(2021 Replacement Volume and 2025 Supplement) 2

BY repealing and reenacting, with amendments, 3
Article – State Government 4
Section 9–901, 9–905.1, 9–906(a) and (e) through (i), and 9–907 5
Annotated Code of Maryland 6
(2021 Replacement Volume and 2025 Supplement) 7

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9

Article – Business Regulation 10

5–101. 11

(a) In this title the following words have the meanings indicated. 12

(p) “Interment” means all final disposition of human remains or pet remains, 13
including: 14

(1) earth burial; 15

(2) mausoleum entombment; and 16

(3) niche or columbarium [interment] INURNMENT. 17

5–803. 18

(a) (1) In this section the following words have the meanings indicated. 19

(2) “Eligible dependent” means a veteran’s spouse, a veteran’s unmarried 20
child under the age of 21 years, or a veteran’s unmarried adult child who before the age of 21
21 became permanently incapable of self–support because of physical or mental disability. 22

(3) (i) “Identifying information” means data required by a veterans 23
service organization to verify the eligibility of a veteran or an eligible dependent for burial 24
in a national or state veterans cemetery. 25

(ii) “Identifying information” includes name, service number, Social 26
Security number, date of birth, date of death, place of birth, and copy of the death 27
certificate. 28

(4) “Veterans service organization” means an association or other entity 29
organized for the benefit of veterans that has been recognized by the U.S. Department of 30
Veterans Affairs or chartered by Congress and any employee or representative of the 31
association or entity. 32
SENATE BILL 46 3

(b) (1) If a licensed funeral establishment or a crematory is in possession of 1
cremated human remains or hydrolyzed remains that have been unclaimed for 90 days or 2
more, the licensed funeral establishment or holder of the permit for the busi ness of 3
operating a crematory shall provide identifying information of the unclaimed cremains or 4
hydrolyzed remains to a veterans service organization in order for the veterans service 5
organization to determine if the unclaimed cremains or hydrolyzed remai ns are those of a 6
veteran or an eligible dependent. 7

(2) (i) Subparagraph (ii) of this paragraph does not apply if: 8

1. an authorizing agent directs otherwise; or 9

2. a reduction facility reasonably concludes based on the 10
identifying information or other evidence that a decedent does not qualify for disposition 11
benefits associated with veterans status. 12

(ii) A reduction facility in possession of human remains that are 13
being processed by natural organic reduction shall provide identifying inform ation to a 14
veterans service organization within 5 business days after natural organic reduction is 15
initiated to determine if the soil remains are those of a veteran or an eligible dependent. 16

(c) Within 45 days after receipt of the information required by subsection (b) of 17
this section, the veterans service organization shall notify the licensed funeral 18
establishment, permit holder, or reduction facility: 19

(1) whether the cremains, hydrolyzed remains, or soil remains are those of 20
a veteran or an eligible dependent; and 21

(2) if so, whether the veteran or eligible dependent is eligible for [burial] 22
INTERMENT in a veterans cemetery. 23

(d) If the unclaimed cremains or hydrolyzed remains are those of a veteran or an 24
eligible dependent, the licensed funeral e stablishment or permit holder may transfer the 25
cremains to a veterans service organization for the purpose of disposition of the cremains 26
or hydrolyzed remains. 27

(e) If the unclaimed soil remains are those of a veteran or an eligible dependent, 28
the reduction facility may: 29

(1) transfer a portion of the soil remains not exceeding 300 cubic inches in 30
volume to a veterans service organization that grants permission for the purpose of 31
disposition; and 32

(2) if authorized by the cemetery or owner, transfer t he balance of soil 33
remains to a cemetery or the owner of a woodland protected under the Forest Conservation 34
Act. 35
4 SENATE BILL 46

(f) If a veterans service organization does not take possession of unclaimed 1
cremains or hydrolyzed remains that qualify for [a plot] AN INTERMENT LOCATION in a 2
State veterans cemetery under § 9 –906 of the State Government Article, within 10 days 3
after the licensed funeral establishment or permit holder receives the notification required 4
under subsection (c) of this section, the licensed funera l establishment or permit holder 5
shall: 6

(1) notify the Department of Veterans and Military Families of the status 7
of the cremains or hydrolyzed remains for the purpose of the appropriate disposition of the 8
cremains or hydrolyzed remains; and 9

(2) transfer the cremains or hydrolyzed remains to the Department of 10
Veterans and Military Families for the purpose of the appropriate disposition of the 11
cremains or hydrolyzed remains. 12

(g) If a veterans service organization does not take possession of a portion of 13
unclaimed soil remains under subsection (e)(1) of this section that qualifies for [a plot] AN 14
INTERMENT LOCATION in a State veterans cemetery under § 9 –906 of the State 15
Government Article, within 10 days after the reduction facility receives the notifi cation, 16
the reduction facility shall: 17

(1) notify the Department of Veterans and Military Families of the status 18
of the soil remains for the purpose of the appropriate disposition of the soil remains; 19

(2) transfer the soil remains to the Department of Veterans and Military 20
Families for the purpose of the appropriate disposition of the soil remains; and 21

(3) if authorized by the cemetery or owner, transfer the balance of the soil 22
remains to a cemetery or the owner of a woodland protected under the Forest Conservation 23
Act. 24

Article – Health Occupations 25

7–406. 26

(a) A licensee shall maintain a complete file for each cremation and each alkaline 27
hydrolysis or natural organic reduction that is initiated that includes the signature of the 28
next of kin, person identifying the body, or person responsible for disposition, time of death, 29
and the date and time of cremation or the time that the alkaline hydrolysis or natural 30
organic reduction was initiated. 31

(b) (1) (i) In this subsection the following words have the meanings 32
indicated. 33

(ii) “Eligible dependent” means a vete ran’s spouse, a veteran’s 34
unmarried child under the age of 21 years, or a veteran’s unmarried adult child who before 35
SENATE BILL 46 5

the age of 21 became permanently incapable of self –support because of physical or mental 1
disability. 2

(iii) 1. “Identifying information” means data required by a 3
veterans service organization to verify the eligibility of a veteran or an eligible dependent 4
for burial in a national or state veterans cemetery. 5

2. “Identifying information” includes name, service number, 6
Social Security number, date of birth, date of death, place of birth, and copy of the death 7
certificate. 8

(iv) “INTERMENT” HAS THE MEANING STATED IN § 9–901 OF THE 9
STATE GOVERNMENT ARTICLE. 10

(V) “Veteran” has the meaning stated in § 9 –901 of the State 11
Government Article. 12

[(v)] (VI) “Veterans service organization” means an association or 13
other entity organized for the benefit of veterans that has been recognized by the U.S. 14
Department of Veterans Affairs or chartered by Congress and any employee or 15
representative of the association or entity. 16

(2) (i) If a licensed funeral establishment or a crematory is in 17
possession of cremated human remains or hydrolyzed remains that have been unclaimed 18
for 90 days or more, the licensed funeral establishment or holder of th e permit for the 19
business of operating a crematory shall provide identifying information of the unclaimed 20
cremains or hydrolyzed remains to a veterans service organization in order for the veterans 21
service organization to determine if the unclaimed cremain s or hydrolyzed remains are 22
those of a veteran or an eligible dependent. 23

(ii) 1. Subsubparagraph 2 of this subparagraph does not apply 24
if: 25

A. An authorizing agent directs otherwise; or 26

B. A reduction facility reasonably concludes based on the 27
identifying information or other evidence that a decedent does not qualify for disposition 28
benefits associated with veteran status. 29

2. A reduction facility in possession of human remains that 30
are being processed by natural organic reduction shall provide identifying information to a 31
veterans service organization within 5 business days after natural organic reduction is 32
initiated to determine if the soil remains are those of a veteran or an eligible dependent. 33

(3) Within 45 days after receipt of the information required under 34
paragraph (2) of this subsection, the veterans service organization shall notify the licensed 35
funeral establishment, permit holder, or reduction facility: 36
6 SENATE BILL 46

(i) Whether the cremains, hydrolyzed remains, or soil remains are 1
those of a veteran or an eligible dependent; and 2

(ii) If so, whether the veteran or eligible dependent is eligible for 3
[burial] INTERMENT in a veterans cemetery. 4

(4) If the unclaimed cremains or hydrolyzed remains are those of a veteran 5
or an eligible dependent, the licensed funeral establishment or permit holder may transfer 6
the cremains or hydrolyzed remains to a veterans service organization for the purpose of 7
the appropriate disposition of the cremains or hydrolyzed remains. 8

(5) If the unclaimed soil remains are those of a veteran or eligible 9
dependent, the reduction facility may: 10

(i) Transfer a portion of the soil remains not exceeding 300 cubic 11
inches in volume to a veterans service organization that grants permission for the purpose 12
of disposition; and 13

(ii) If authorized, transfer the balance of the soil remains to a 14
cemetery or the owner of a woodland protected under the Forest Conservation Act. 15

(6) If a veterans service organization does not take possession of unclaimed 16
cremains or hydrolyzed remains that qualify for [a plot] AN INTERMENT LOCATION in a 17
State veterans’ cemetery under § 9 –906 of the State Government Article within 10 days 18
after the licensed funeral establishment or permit holder receives the notification required 19
under paragraph (3) of this subsection, the licensed funeral establishment or permit holder 20
shall: 21

(i) Notify the Department of Veterans and Military Families of the 22
status of the cremains or hydrolyzed remains for the purpose of the appropriate disposition 23
of the cremains or hydrolyzed remains; and 24

(ii) Transfer the cremains or hydrolyzed remains to the Department 25
of Veterans and Military Families for the purpose of the appropriate disposition of the 26
cremains or hydrolyzed remains. 27

(7) If a veterans service organization does not take possession of a portion 28
of unclaimed soil remains under paragraph (5)(i) of this subsection that qualifies for [a plot] 29
AN INTERMENT LOCATIO N in a State veterans’ cemetery under § 9 –906 of the State 30
Government Article wit hin 10 days after the reduction facility receives the notification 31
required under paragraph (3) of this subsection, the reduction facility shall: 32

(i) Notify the Department of Veterans and Military Families of the 33
status of the soil remains for the purpose of the appropriate disposition of the portion of soil 34
remains; 35

SENATE BILL 46 7

(ii) Transfer the portion of soil remains to the Department of 1
Veterans and Military Families for the purpose of the appropriate disposition of the portion 2
of the soil remains; and 3

(iii) If authorized by the cemetery or owner, transfer the balance of 4
the soil remains to a cemetery or the owner of a woodland protected under the Forest 5
Conservation Act. 6

Article – State Government 7

9–901. 8

(a) In this subtitle the following words have the meanings indicated. 9

(b) “Active duty” has the meaning stated in 37 U.S.C. § 101. 10

(c) “Active service member” means an individual who is: 11

(1) an active duty member of the uniformed services; or 12

(2) serving in a reserve component of the uniformed services on active duty 13
orders. 14

(d) “Armed forces” has the meaning stated in 10 U.S.C. § 101. 15

(e) “Board” means the Board of Trustees of the Maryland Veterans Trust. 16

(f) “Department” means the Department of Veterans and Military Families. 17

(G) “INTERMENT” MEANS ALL FINAL DISP OSITION OF HUMAN REM AINS, 18
INCLUDING: 19

(1) EARTH BURIAL; AND 20

(2) NICHE OR COLUMBARIUM INURNMENT. 21

(H) “INTERMENT LOCATION ” MEANS A GRAVE PLOT O R NICHE IN A 22
COLUMBARIUM. 23

[(g)] (I) “Military family” includes the spouse and dependent children of a 24
service member or veteran related by blood, marriage, or adoption. 25

[(h)] (J) “Reserve component” has the meaning stated in 37 U.S.C. § 101. 26

[(i)] (K) “Secretary” means the Secretary of Veterans and Military Families. 27

8 SENATE BILL 46

[(j)] (L) “Service member” means an individual who is a member of: 1

(1) the uniformed services; or 2

(2) a reserve component of the uniformed services. 3

[(k)] (M) “Trust” means the Maryland Veterans Trust. 4

[(l)] (N) “Uniformed services” has the meaning stated in 37 U.S.C. § 101. 5

[(m)] (O) Except as otherwise provided in this subtitle, “veteran” has the 6
meaning stated in 38 U.S.C. § 101. 7

9–905.1. 8

(a) (1) In this section the following words have the meanings indicated. 9

(2) “Advertisement” means: 10

(i) a written or printed communication made for the purpose of 11
soliciting business for veterans benefits appeals services; 12

(ii) a directory listing for a person that is offering veterans benefits 13
appeals services; or 14

(iii) a radio, television, comp uter network or airwave, or electronic 15
transmission that solicits business for or promotes a person offering veterans benefits 16
appeals services. 17

(3) “Veterans benefits appeals services” means any services that a veteran 18
might reasonably require in order to appeal a denial of federal, state, or local veterans 19
benefits, including denials of disability, limited income, home loan, insurance, education 20
and training, health care, [burial] INTERMENT and memorial, and dependent and survivor 21
benefits. 22

(4) “Veterans benefits services” means any services a veteran or a family 23
member of a veteran might reasonably use in order to obtain federal, state, or local veterans 24
benefits. 25

(b) (1) Before entering into an agreement with an individual for the provision 26
of veterans benefits services or veterans benefits appeals services, a person who charges a 27
fee for those services shall: 28

(i) provide a written disclosure statement to each individual; and 29

(ii) obtain the individual’s signature on the written disclosure 30
statement acknowledging that the individual understands the disclosure statement. 31
SENATE BILL 46 9

(2) The written disclosure statement shall: 1

(i) be on a form approved by the Secretary; and 2

(ii) state that veterans benefits services and veterans benefits 3
appeals services are offered at no cost by the Department and other veterans services 4
organizations accredited by the U.S. Department of Veterans Affairs. 5

(c) A person who charges a fee for providing veterans benefits appeals services 6
shall provide in any advertisement for appeals services notice that appeals services are also 7
offered at no cost by the Department and other veterans services organizations accredited 8
by the U.S. Department of Veterans Affairs. 9

(d) (1) A person who violates the provisions of this section is subject to a civil 10
penalty of not more than $1,000 for each violation. 11

(2) Civil penalties shall be in an amount ordered by the District Court in 12
an action brought by the Attorney General. 13

(3) Each day a violation continues is a separate violation. 14

(4) Any civil penalty collected shall be deposited in the Maryland Veterans 15
Trust Fund. 16

9–906. 17

(a) (1) In this section the following words have the meanings indicated. 18

(2) “American braille tactile flag” means a tactile flag designe d to allow 19
blind people to experience the American flag, including a flag created by the Kansas Braille 20
Transcription Institute. 21

(3) In this section and in § 9–907 of this subtitle, “eligible decedent” means: 22

(i) a veteran; 23

(ii) a qualified reserve member; or 24

(iii) an eligible spouse or dependent. 25

(4) “Eligible dependent” means: 26

(i) a child who meets the requirements stated in 38 C.F.R. § 27
38.620(e); 28

10 SENATE BILL 46

(ii) a parent who meets the requirements stated in 38 C.F.R. § 1
38.620(i); or 2

(iii) a parent or child related by blood, marriage, or adoption of a 3
qualified reserve member. 4

(5) “Eligible spouse” means: 5

(i) a spouse who meets the requirements stated in 38 C.F.R. § 6
38.620(e); or 7

(ii) a spouse of a qualified reserve member. 8

(6) “Qualified reserve member” means a reserve component member who 9
does not meet the requirements for [burial] INTERMENT at a national veterans’ cemetery 10
but served other than dishonorably and completed the individual’s contractual obligation 11
of service. 12

(7) “State veterans’ cemetery” means a cemetery that the Department 13
establishes under this section. 14

(8) “Washington Cemetery” means the Civil War cemetery grounds 15
authorized by Chapter 213 of the Acts of the General Assembly of 1870. 16

(e) The Department shall provide [a plot] AN INTERMENT LOCATION in a State 17
veterans’ cemetery, without charge, to a veteran or a veteran’s eligible spouse or dependent 18
who meets the requirements of this section. 19

(f) To qualify for [a plot ] AN INTERMENT LOCATIO N in a State veterans’ 20
cemetery: 21

(1) the eligible decedent must be: 22

(i) a veteran who meets the requirements for [burial] INTERMENT 23
at a national veterans’ cemetery; 24

(ii) a qualified reserve member; or 25

(iii) an eligible spouse or dependent who meets the requirements of 26
this subsection; and 27

(2) if a qualified reserve member, the qualified reserve member must also 28
have been a resident of the State: 29

(i) when the qualified reserve member entered the reserve 30
component; 31

SENATE BILL 46 11

(ii) when the qualified reserve member died; or 1

(iii) for 2 years, unless, for a reason that the Department finds 2
compelling, the Department waives the time period. 3

(g) To obtain [a plot] AN INTERMENT LOCATION in a State veterans’ cemetery, 4
an applicant shall subm it to the Department an application on the form that the 5
Department provides. 6

(h) (1) In [a plot] AN INTERMENT LOCATION that is allotted to a veteran or 7
a qualified reserve member, the Department shall [bury] INTER: 8

(i) the veteran or qualified reserve member; and 9

(ii) any member of the immediate family who is an eligible spouse or 10
dependent if the family member can be [buried] INTERRED in a space above or below the 11
veteran or qualified reserve member or in the next available [plot] INTERMENT 12
LOCATION. 13

(2) With each [plot] INTERMENT LOCATION , the Department shall 14
provide [a grave liner] AN OUTER BURIAL RECEPTACLE OR COLUMBARIUM NICHE AND 15
MARKER at no cost for the veteran or the veteran’s eligible spouse or dependent. 16

(i) (1) Except as provided in paragraph (2) of this subsection, the Department 17
may not charge a veteran or a veteran’s eligible spouse or dependent for [burial] 18
INTERMENT. 19

(2) If the individual being [buried] INTERRED is a qualified reserve 20
member or a qualified reserve member’s eligible spouse or dependent, the Department shall 21
collect at the time of [burial] INTERMENT a fee that is equal to the annual [plot] 22
INTERMENT LOCATION allowance established by the National Cemetery Administration. 23

9–907. 24

The Department shall keep a registry of the [graves] INTERMENT LOCATIONS of 25
eligible decedents who are [buried] INTERRED in the State veterans’ cemeteries. 26

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2026. 28