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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
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*sb0233*
SENATE BILL 233
C2 (6lr1474)
ENROLLED BILL
— Finance/Economic Matters and Health —
Introduced by Senator Salling Senators Salling, Jackson, Beidle, Ellis, Gile, Lam,
and Ready
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Business Regulation – Cemeteries and Abandoned Cemeteries – Actions for Sale, 2
Transfer, or Alternate Use Requirements for Sale or, Transfer, or Government 3
Acquisition and Disposition 4
FOR the purpose of authorizing certain persons to bring an action when the owner of a 5
property that includes a cemetery proposes the sale, transfer, or alternate use of all 6
or part of a certain cemetery; requiring a court to take certain actions under certain 7
circumstances; and generally relating to actions for the sale, transfer, or alternate 8
use of cemeteries prohibiting certain owners of a cemetery from selling or 9
transferring the cemetery without the approval of the Director of the Office of 10
Cemetery Oversight; exempting a certain cemetery owner from the requirement to 11
obtain an approval from the Director; authorizing a governmental unit to acquire an 12
abandoned cemetery under certain circumstances; establishing certain requirements 13
for the sale, transfer, or government acquisition of a cemetery; and generally relating 14
2 SENATE BILL 233
to the sale, transfer, or acquisition of cemeteries. authorizing certain persons to bring 1
an action when the owner of a property that includes a cemetery proposes the sale, 2
transfer, or alternate use of all or part of a certain cemetery; requiring a court to take 3
certain actions under certain circumstances; authorizing a governmental unit to 4
acquire property on which an abandoned cemetery is located under certain 5
circumstances and for a certain purpose; requiring a governmental unit that acquires 6
property under this Act to make a certain effort to contact certain persons for a certain 7
purpose; authorizing a person or organization to bring an action to request the court 8
to transfer property acquired under this Ac t to the person or organization; and 9
generally relating to actions for the sale, transfer, or alternate use of cemeteries. 10
BY repealing and reenacting, with amendments, 11
Article – Business Regulation 12
Section 5–101 and 5–505 13
Annotated Code of Maryland 14
(2024 Replacement Volume and 2025 Supplement) 15
BY repealing 16
Article – Business Regulation 17
Section 5–506 18
Annotated Code of Maryland 19
(2024 Replacement Volume and 2025 Supplement) 20
BY repealing and reenacting, without amendments, 21
Article – Real Property 22
Section 14–121(a)(1), (3), and (4) 23
Annotated Code of Maryland 24
(2023 Replacement Volume and 2025 Supplement) 25
Preamble 26
WHEREAS, The purpose of a cemetery is to be a permanent place for the disposition 27
of the dead, a sacred ground to memorialize and honor the dead, and to provide a place for 28
visitation by relatives, friends, and others to remember, honor, and grieve and to preserve 29
the history of those interred and their community; now, therefore, 30
BY repealing 31
Article – Business Regulation 32
Section 5–505 33
Annotated Code of Maryland 34
(2024 Replacement Volume and 2025 Supplement) 35
BY adding to 36
Article – Business Regulation 37
Section 5–505 and 5–507 38
Annotated Code of Maryland 39
(2024 Replacement Volume and 2025 Supplement) 40
SENATE BILL 233 3
BY repealing and reenacting, with amendments, 1
Article – Business Regulation 2
Section 5–101 3
Annotated Code of Maryland 4
(2024 Replacement Volume and 2025 Supplement) 5
BY repealing 6
Article – Business Regulation 7
Section 5–505 8
Annotated Code of Maryland 9
(2024 Replacement Volume and 2025 Supplement) 10
BY adding to 11
Article – Business Regulation 12
Section 5–505 and 5–507 13
Annotated Code of Maryland 14
(2024 Replacement Volume and 2025 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Real Property 17
Section 14–121(a)(1), (3), and (4) 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2025 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Business Regulation 23
5–101. 24
(a) In this title the following words have the meanings indicated. 25
(b) “Alkaline hydrolysis” means the process of reducing human remains using 26
water, alkaline chemicals, and heat inside a watertight vessel to accelerate decomposition. 27
(c) “Authorizing agent” has the meaning stated in § 5–508 of the Health – General 28
Article. 29
(d) (1) “Burial goods” means goods that are used in connection with burial. 30
(2) “Burial goods” includes: 31
(i) a casket; 32
(ii) a grave liner; 33
4 SENATE BILL 233
(iii) a memorial; 1
(iv) a monument; 2
(v) a scroll; 3
(vi) an urn; 4
(vii) a vase; and 5
(viii) a vault. 6
(e) “Burial goods business” means a business that provides burial goods. 7
(f) (1) “Cemetery” means land used or to be used for interment. 8
(2) “Cemetery” includes a structure used or to be used for interment. 9
(g) “Cremation” means the disposition of a dead human body by means of 10
incineration. 11
(h) “Crematory” means a building, portion of a building, or structure that houses 12
the necessary appliances and facilities for cremation or alkaline hydrolysis. 13
(I) “CULTURAL AFFILIATION” HAS THE MEANING STAT ED IN § 14–121 OF 14
THE REAL PROPERTY ARTICLE. 15
(J) “DESCENDANT COMMUNITY ORGANIZATION” MEANS AN ORGANIZATION 16
THAT HAS MEMBERS WHO HAVE ANCESTORS WHO ARE INTERRED AT A CEMETERY OR 17
WHO HAVE A CULTURAL AFFILIATION WITH THE DECEASED PERSONS INTERRED AT A 18
CEMETERY. 19
[(i)] (K) “Director” means the Director of the Office of Cemetery Oversight. 20
[(j)] (L) “Engage in the operation of a cemetery” means owning, controlling, or 21
managing a cemetery, including performing activities necessary for: 22
(1) the establishment, improvement, care, preservation, or embellishment of 23
a cemetery; 24
(2) interment; and 25
(3) the providing of burial space or burial goods. 26
SENATE BILL 233 5
[(k)] (M) (1) “Engage in the operation of a crematory” means controlling or 1
managing a crematory. 2
(2) “Engage in the operation of a crematory” does not include: 3
(i) the practice of funeral direction or the practice of mortuary 4
science; or 5
(ii) 1. assistance in making decisions and filling out forms that 6
are not directly related to cremation; 7
2. obtaining vital statistics, signatures, and other 8
information necessary to complete a death certificate; 9
3. transportation of a body to the place of disposition; or 10
4. any other services regarding the disposition of a body that 11
are not directly related to cremation. 12
[(l)] (N) (1) “Engage in the operation of a reduction facility” means controlling 13
or managing a reduction facility. 14
(2) “Engage in the operation of a reduction facility” does not include: 15
(i) the practice of funeral direction or the practice of mortuary 16
science; or 17
(ii) 1. assistance in making decisions and filling out forms that 18
are not directly related to natural organic reduction; 19
2. obtaining vital statistics, signatures, and other 20
information necessary to complete a death certificate; 21
3. transportation of a body to the place of disposition; or 22
4. any other services regarding the disposition of a body that 23
are not directly related to natural organic reduction. 24
[(m)] (O) “Funeral establishment” means a building, structure, or premises from 25
which the business of funeral directing or embalming is conducted. 26
[(n)] (P) (1) “Human remains” means: 27
(i) the body of a deceased person; or 28
6 SENATE BILL 233
(ii) a part of a body or limb that has been removed from a living 1
person. 2
(2) “Human remains” includes the body or part of a body or limb in any 3
state of decomposition. 4
(3) “Human remains” does not include soil remains produced after the 5
completion of natural organic reduction. 6
[(o)] (Q) “Hydrolyzed remains” means the bone fragments produced by the 7
completion of alkaline hydrolysis. 8
[(p)] (R) “Interment” means all final disposition of human remains or pet 9
remains, including: 10
(1) earth burial; 11
(2) mausoleum entombment; and 12
(3) niche or columbarium interment. 13
[(q)] (S) “Natural organic reduction” means the contained accelerated conversion 14
of human remains into soil. 15
[(r)] (T) “Office” means the Office of Cemetery Oversight. 16
[(s)] (U) “Permit” means a permit issued by the Director to allow a partnership, 17
limited liability company, or corporation to operate a business through which a registrant 18
may: 19
(1) engage in the operation of a cemetery or crematory; or 20
(2) provide burial goods. 21
[(t)] (V) (1) “Pet remains” means the body of a deceased animal that was kept 22
as a pet. 23
(2) “Pet remains” includes the body of a pet or a part of a pet’s body in any 24
state of decomposition or the body of a pet after having been cremated. 25
[(u)] (W) (1) “Preneed goods” means burial goods that are sold before the 26
buyer’s death. 27
(2) “Preneed goods” does not include burial space. 28
[(v)] (X) “Provide burial goods” means a retail transaction: 29
SENATE BILL 233 7
(1) to erect, service, or inscribe burial memorials; or 1
(2) to sell burial goods. 2
[(w)] (Y) “Reduction facility” means a building, portion of a building, or structure 3
that houses the necessary appliances, containers, and facilities for performing natural 4
organic reduction. 5
[(x)] (Z) “Registered cemeterian” means an individual registered to operate a 6
cemetery as a sole proprietor or on behalf of a sole proprietor or of a permit holder. 7
[(y)] (AA) “Registered crematory operator” means an individual registered to 8
operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder. 9
[(z)] (BB) “Registered reduction operator” means an individual registered to 10
operate a reduction facility as a sole proprietor or on behalf of a sole proprietor o r a permit 11
holder. 12
[(aa)] (CC) “Registered seller” means an individual registered to provide burial 13
goods as a sole proprietor or on behalf of a sole proprietor or of a permit holder. 14
[(bb)] (DD) “Registration” means a registration issued by the Director authorizing 15
an individual to operate a cemetery, to operate a crematory, to operate a reduction facility, 16
or to provide burial goods. 17
[(cc)] (EE) “Responsible party” means a sole proprietor or the individual designated 18
by a partnership, limited liability company, or corporation to be responsible for the 19
operations of a cemetery, crematory, reduction facility, or burial goods business. 20
[(dd)] (FF) “Soil remains” means the soil produced at final disposition of a dead 21
human body at a reduction facility by completion of natural organic reduction. 22
[5–505. 23
(a) An action may be brought in accordance with the Maryland Rules and a court 24
may pass a judgment for sale of a burial ground for another purpose if: 25
(1) the ground has been dedicated and used for burial; 26
(2) burial lots have been sold in the burial ground and deeds executed or 27
certificates issued to buyers of the lots; 28
(3) the ground has ceased to be used for burial; and 29
(4) it is desirable to dispose of the burial ground for another purpose. 30
8 SENATE BILL 233
(b) If the court is satisfied that it is expedient or would be in the interest of the 1
parties to sell the burial ground, the court: 2
(1) may pass a judgment for the sale of the burial ground on the terms and 3
notice the court sets; 4
(2) shall order that as much of the proceeds of the sale as necessary be used 5
to pay the expenses of removing any human remains in the burial ground, buying burial lots 6
in another burial ground, and reburying the remains; and 7
(3) shall distribute the remaining proceeds of the sale among the parties 8
according to their interests. 9
(c) A judgment for the sale of a burial ground passes to the buyer of the burial 10
ground the title to the burial ground free of the claims of: 11
(1) the owners of the burial ground; and 12
(2) the holders of burial lots.] 13
5–505. 14
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(2) “CEMETERY OWNER” MEANS: 17
(I) A REGISTERED CEMETERIAN; 18
(II) A PERMIT HOLDER UNDER SUBTITLE 4 OF THIS TITLE; OR 19
(III) AN OWNER OF A CEMETERY THAT IS EXEMPT FROM THE 20
REGISTRATION AND PERMITTING REQUIREMENTS UNDER § 5–102 OF THIS TITLE. 21
(3) “PERSON IN INTEREST” HAS THE MEANING STATED IN § 14–121 OF 22
THE REAL PROPERTY ARTICLE. 23
(B) THIS SECTION DOES NOT APPLY TO: 24
(1) EXCEPT AS OTHERWISE PRO VIDED IN SUBSECTIONS (G) AND (H) 25
OF THIS SECTION, A RELIGIOUS ORGANIZATION THAT IS A CEMETERY OWNER; OR 26
SENATE BILL 233 9
(2) PROPERTY ACQUIRED BY THE DEPARTMENT OF TRANSPORTATION 1
THAT IS NECESSARY FO R A PUBLIC PROJECT I N ACCORDANCE WITH STATE OR 2
FEDERAL LAW. 3
(C) (1) A REGISTERED CEMETERIAN OR PERMIT HOLDER M AY NOT SELL 4
OR TRANSFER A CEMETERY, IN WHOLE OR IN PART, TO ANOTHER PERSON FOR A USE 5
OTHER THAN AS A CEMETERY WITHOUT THE APPROVAL OF THE DIRECTOR. 6
(2) THE OWNER OF A CEMETE RY THAT IS EXEMPT FR OM THE 7
REGISTRATION AND PERMITTING REQUIREMENTS UNDER § 5–102 OF THIS TITLE MAY 8
NOT SELL OR TRANSFER THE CEMETERY , IN WHOLE OR IN PART , TO ANOTHER 9
PERSON WITHOUT THE APPROVAL OF THE DIRECTOR. 10
(D) BEFORE APPROVING THE SALE OR TRANSFER OF A CEMETERY UNDER 11
THIS SECTION, THE DIRECTOR SHALL: 12
(1) REQUIRE A CEMETERY OWNER TO SUBMIT TO THE DIRECTOR: 13
(I) AN APPLICATION UNDER SUBSECTION (E) OF THIS SECTION; 14
(II) A COMPLETED PRESERVA TION PLAN UNDER SUBS ECTION 15
(F) OF THIS SECTION; AND 16
(III) SATISFACTORY EVIDENCE OF COMPLETION OF T HE PUBLIC 17
NOTICE REQUIREMENTS UNDER SUBSECTION (H) OF THIS SECTION; AND 18
(2) REVIEW AND CONSIDER ANY PUBLIC COMMENTS REGARDING THE 19
CEMETERY IN ACCORDANCE WITH SUBSECTION (I) OF THIS SECTION. 20
(E) (1) TO REQUEST APPROVAL T O SELL OR TRANSFER A CEMETERY 21
UNDER SUBSECTION (C) OF THIS SECTION, A CEMETERY OWNER SHA LL SUBMIT AN 22
APPLICATION TO THE DIRECTOR ON THE FORM THAT THE DIRECTOR PROVIDES. 23
(2) IN ADDITION TO ANY OT HER INFORMATION REQ UIRED ON AN 24
APPLICATION FORM, THE FORM SHALL REQUIRE: 25
(I) THE NAME AND ADDRESS OF EACH CEMETERY OWNER; 26
(II) NOTICE OF THE INTENT TO SELL OR TRANSFER THE 27
CEMETERY, IN WHOLE OR IN PART; 28
(III) A DESCRIPTION OF THE CEMETERY OR PART OF THE 29
CEMETERY INTENDED FOR SALE OR TRANSFER, INCLUDING THE NAME , LOCATION, 30
10 SENATE BILL 233
SIZE, ESTIMATED NUMBER OF HUMAN REMAINS AND PET REMAINS INTERRED IN THE 1
CEMETERY, AND NUMBER OF UNUSED OR UNSOLD BURIAL SITES; 2
(IV) THE NAME AND CONTACT INFORMATION OF ANY POTENTIAL 3
BUYERS OR TRANSFEREES OF THE CEMETERY, IF KNOWN; 4
(V) AN AGREEMENT TO SUBM IT A PRESERVATION PL AN IN 5
ACCORDANCE WITH SUBSECTION (F) OF THIS SECTION; AND 6
(VI) A COPY OF THE PUBLIC NOTICE REQUIRED UNDER 7
SUBSECTION (H) OF THIS SECTION. 8
(F) (1) A CEMETERY OWNER SHALL , IN CONSULTATION WITH THE 9
DIRECTOR, DEVELOP A PRESERVATION PLAN FOR A CEMETERY THAT THE CEMETERY 10
OWNER INTENDS TO SELL OR TRANSFER. 11
(2) IN DEVELOPING THE PRESERVATION PLAN UNDER PARAGRAPH (1) 12
OF THIS SUBSECTION, THE CEMETERY OWNER SHALL COMPLY WITH SUBSECTION (G) 13
OF THIS SECTION. 14
(G) EACH CEMETERY OWNER , INCLUDING A RELIGIOU S ORGANIZATION 15
THAT IS A CEMETERY OWNER, SHALL ATTEMPT TO IDENTIFY AND CONTACT: 16
(1) ANY DESCENDENT OR DE SCENDENT COMMUNITY ORGA NIZATION 17
OF AN INDIVIDUAL INTERRED IN THE CEMETERY; 18
(2) ANY INDIVIDUAL OR FA MILY WHO HAS PURCHAS ED AN UNUSED 19
PLOT IN THE CEMETERY; AND 20
(3) ANY PERSON THAT HAS WORKED TO MAINTAIN T HE ABANDONED 21
CEMETERY. 22
(H) (1) BEFORE A CEMETERY OWNER, INCLUDING A RELIGIOU S 23
ORGANIZATION THAT IS A CEMETERY OWNER, MAY SELL OR TRANSFER A CEMETERY 24
UNDER THIS SECTION, THE CEMETERY OWNER S HALL PROVIDE PUBLIC NOTICE OF 25
THE CEMETERY OWNER’S INTENT TO SELL OR TRANSFER THE CEMETERY BY: 26
(I) PUBLISHING NOTICE OF THE SALE O R TRANSFER IN A 27
NEWSPAPER OF GENERAL CIRCULATION IN THE C OUNTY WHERE THE CEME TERY IS 28
LOCATED FOR 9 SUCCESSIVE WEEKS; 29
(II) PLACING A WRITTEN NO TICE OF INTENT TO SE LL OR 30
TRANSFER IN THE CEME TERY AT A CONSPICUOU S LOCATION IN FULL P UBLIC VIEW 31
FOR NOT LESS THAN 60 DAYS; 32
SENATE BILL 233 11
(III) PROVIDING NOTICE TO LOCAL GENEALOGICAL A ND 1
HISTORICAL SOCIETIES; AND 2
(IV) HOLDING A PUBLIC MEETING AT WHICH PUBLIC TESTIMONY 3
MUST BE OFFERED. 4
(2) A PUBLIC NOTICE REQUIR ED UNDER PARAGRAPH (1) OF THIS 5
SUBSECTION SHALL INCLUDE: 6
(I) THE ADDRESS OF THE CEMETERY; 7
(II) THE ESTIMATED SIZE AND NUMBER OF HUMAN REMAINS OR 8
PET REMAINS INTERRED IN THE CEMETERY; 9
(III) ANY AVAILABLE INFORMATION ABOUT THE CEMETERY FROM 10
THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; AND 11
(IV) IF AVAILABLE, THE NAME OF THE LAST KNOWN OWNER OF 12
THE CEMETERY. 13
(I) BEFORE APPROVING THE SALE OR TRANSFER OF A CEMETERY UNDER 14
THIS SECTION, THE DIRECTOR SHALL CONSIDER ANY PUBLIC COMMENTS ABOUT THE 15
CEMETERY RECEIVED BY THE CEMETERY OWNER AT A PUBLIC HE ARING UNDER 16
SUBSECTION (H)(1)(IV) OF THIS SECTION OR BY THE DIRECTOR, INCLUDING: 17
(1) WHETHER THE CEMETERY OWNER HAS CONSIDERED THE 18
CONCERNS OF THE DESCENDANT COMMUNITY, INCLUDING: 19
(I) REASONS FOR THE PROP OSED SALE OR TRANSFE R AN D 20
FUTURE PLANS FOR THE PROPERTY; 21
(II) WHETHER THE CURRENT LOCATION OF THE CEME TERY 22
HOLDS ANY CULTURAL OR HISTORICAL SIGNIFICANCE; 23
(III) THE COST OF DISINTER MENT AND REINTERMENT OF THE 24
HUMAN REMAINS OR PET REMAINS IN THE CEMETERY AND WHO SHOULD BEAR THE 25
COST; AND 26
(IV) WHERE ANY HUMAN REMA INS OR PET REMAINS 27
DISINTERRED FROM THE CEMETERY WOULD BE RELOCATED; AND 28
12 SENATE BILL 233
(2) WHETHER THE CEMETERY OWNER RECEIVED OTHER EQUIVALENT 1
OFFERS FOR PURCHASE OF THE CEMETERY THAT MAY BE LESS DISRUPTIVE TO THE 2
CEMETERY. 3
(J) THE DIRECTOR SHALL APPROV E THE SALE OR TRANSF ER OF A 4
CEMETERY OR PART OF A CEMETERY UNDER THIS SECTION IF: 5
(1) THE CEMETERY OWNER S ATISFIES ALL THE REQ UIREMENTS OF 6
THIS SECTION; AND 7
(2) THE DIRECTOR DETERMINES THAT IT IS IN THE INTEREST OF ALL 8
THE PARTIES TO SELL OR TRANSFER THE CEMETERY OR PART OF THE CEMETERY. 9
(K) (1) AN ACTION MAY BE BROU GHT IN ACCORDANCE WI TH THE 10
MARYLAND RULES AND A COURT MAY PASS JUDGMENT REGARDING THE SALE OF A 11
BURIAL GROUND FOR ANOTHER PURPOSE IF ANY PARTY DISPUTES THE DIRECTOR’S 12
DECISION UNDER SUBSECTION (J) OF THIS SECTION. 13
(2) AN ACTION UNDER PARAGRAPH (1) OF THIS SUBSECTION MAY BE 14
BROUGHT BY: 15
(I) A PERSON WITH A BURIAL RIGHT IN THE CEMETERY; 16
(II) A DESCENDANT COMMUNITY ORGANIZATION; 17
(III) A NONPROFIT ORGANIZATI ON THAT HAS A PURPOS E OF 18
PRESERVING THE CEMETERY; 19
(IV) A GOVERNMENTAL UNIT WITH A FINANCIAL , REGULATORY, 20
OR OTHER INTEREST IN THE PROPERTY; OR 21
(V) A PERSON IN INTEREST. 22
(3) THE OWNER OF THE PROP ERTY THAT INCLUDES T HE CEMETERY 23
HAS THE BURDEN OF PROOF IN ANY PROCEEDING REGARDING THE DISPOSITION OF 24
THE PROPERTY AND THE CEMETERY. 25
(L) AFTER HEARING FROM AN Y PERSON DESCRIBED U NDER SUBSECTION 26
(K)(2) OF THIS SECTION WHO WISHES TO BE HEARD O N THE PROPOSED SALE , 27
TRANSFER, OR ALTERNATE USE OF THE CEMETERY UNDER SUBSECTION (K) OF THIS 28
SECTION, THE COURT SHALL: 29
(1) ALLOW THE PROPOSED S ALE, TRANSFER, OR ALTERNATE USE OF 30
ALL OR PART OF THE CEMETERY; 31
SENATE BILL 233 13
(2) PROHIBIT THE PROPOSE D SALE, TRANSFER, OR ALTERNATE USE 1
OF ALL OR PART OF THE CEMETERY; OR 2
(3) ORDER AN ALTERNATIVE DISPOSITION OF THE CEMETERY. 3
(M) IF THE COURT IS SATIS FIED THAT IT IS APPR OPRIATE OR WOULD BE IN 4
THE INTEREST OF A PERSON DESCRIBED IN SUBSECTION (K)(2) OF THIS SECTION TO 5
SELL THE CEMETERY, THE COURT SHALL: 6
(1) PASS A JUDGMENT FOR THE SALE OF THE CEME TERY ON THE 7
TERMS AND NOTICE THE COURT SETS; 8
(2) ORDER THAT AS MUCH O F THE PROCEEDS OF TH E SALE AS 9
NECESSARY BE USED TO PAY THE COSTS OF REMOVING ANY HUMAN REMAINS IN THE 10
CEMETERY, BUYING BURIAL LOTS I N ANOTHE R CEMETERY , AND REBURYING THE 11
REMAINS; AND 12
(3) DISTRIBUTE THE REMAINING PROCEEDS OF THE SALE AMONG THE 13
PARTIES ACCORDING TO THEIR INTERESTS. 14
(N) A JUDGMENT APPROVING THE SALE OF A CEMETERY CONVEYS THE TITLE 15
OF THE CEMETERY FREE OF THE CLAIMS OF: 16
(1) THE OWNERS OF THE CEMETERY; AND 17
(2) THE HOLDERS OF BURIAL RIGHTS IN THE CEMETERY. 18
(O) IF THE COURT DETERMIN ES THAT THE SALE OR TRANSFER OF A 19
CEMETERY IS INAPPROP RIATE AND NOT IN THE BEST INTEREST OF A P ERSON 20
DESCRIBED IN SUBSECTION (K)(2) OF THIS SECTION, THE COURT SHALL: 21
(1) (I) APPROVE THE TRANSFER TO A DESCENDANT COMM UNITY 22
ORGANIZATION OR OTHER NONPROFIT ORGANIZATION THAT AGREES TO MAINTAIN 23
AND PRESERVE THE CEMETERY; AND 24
(II) APPROVE THE PRICE OF THE TRANSFER , INCLUDING A 25
DONATION OR NOMINAL FEE; OR 26
(2) ORDER A NEGOTIATION BETWEEN THE OWNER OF THE CEMETERY 27
AND THE PERSON THAT WISHES TO ACQUIRE THE CEMETERY. 28
(P) A COURT SHALL MAKE ALL DETERMINATIONS REQUIRED UNDER THIS 29
SECTION FOR THE DISP OSITION OF A PROPERTY THAT INCLUDES A CE METERY NOT 30
14 SENATE BILL 233
MORE THAN 6 MONTHS AFTER THE ACT ION UNDER SUBSECTION (K)(2) OF THIS 1
SECTION IS SERVED. 2
5–507. 3
(A) IN THIS SECTION , “ABANDONED CEMETERY” MEANS A CEMETERY FOR 4
WHICH: 5
(1) LEGAL OWNERSHIP CANNOT BE DETERMINED; 6
(2) THE PERSON WITH LEGA L RESPONSIBILITY FOR OPERATION AND 7
MAINTENANCE OF THE CEMETERY CANNOT BE DETERMINED; 8
(3) THE ENTITY THAT OPER ATED THE CEMETERY HA S CEASED TO 9
OPERATE; OR 10
(4) THE REAL PROPERTY ON WHICH THE CEMETERY IS LOCATED HAS 11
BEEN CONDEMNED. 12
(B) (1) THE STATE, A C OUNTY, OR A MUNICIPALITY MA Y ACQUIRE AN 13
ABANDONED CEMETERY , INCLUDING OWNERSHIP OF ANY UNOCCUPIED LO TS OR 14
BURIAL SITES , FOR THE PURPOSE OF T RANSFERRING OWNERSHI P OF THE 15
ABANDONED CEMETERY TO A DESCENDANT COMMUNITY ORGANIZATION, VETERANS 16
ORGANIZATION, OR NONPROFIT ORGANIZATION. 17
(2) A DESCENDENT COMMUNITY ORGANIZATION, VETERANS 18
ORGANIZATION, OR NONPROFIT ORGANIZATION THAT AGREES TO THE TRANSFER OF 19
TITLE OF A CEMETERY UNDER PARAGRAPH (1) OF THIS SUBSECTION S HALL AGREE 20
TO PROPERLY MAINTAIN, PRESERVE, AND PROTECT THE CEMETERY. 21
(C) IF A GOVERNMENTAL ENT ITY THAT HAS ACQUIRE D AN ABANDONED 22
CEMETERY UNDER SUBSE CTION (B) OF THIS SECTION IS U NABLE TO TRANSFER 23
OWNERSHIP OF THE ABA NDONED CEMETERY WITH IN A REASONABLE PERI OD OF 24
TIME, THE DIRECTOR MAY FACILITATE THE REINTERMENT OF ANY HUMAN REMAINS 25
OR PET REMAINS FROM THE ABANDONED CEMETERY TO AN OPERATIONAL CEMETERY 26
IN A PROFESSIONAL MANNER. 27
(D) (1) A GOVERNMENTAL UNIT THAT ACQUIRES PROPERTY ON WHICH AN 28
ABANDONED CEMETERY I S LOCATED UNDER SUBS ECTION (B)(1) OF THIS SECTION 29
SHALL MAKE TIMELY AND REASONABLE EFFORTS AFTER ACQUISITION TO CONTACT 30
DESCENDANTS OF THE D ECEASED PERSONS INTE RRED IN THE ABANDONE D 31
CEMETERY IN ORDER TO IDENTIFY DESCENDANTS , A DESCENDANT COMMUNI TY 32
ORGANIZATION, VETERANS ORGANIZATIO N, OR NONPROFIT ORGANIZATION TO 33
WHICH THE PROPERTY MAY BE TRANSFERRED. 34
SENATE BILL 233 15
(2) (I) A PERSON OR ORGANIZATI ON LISTED UNDER SUBS ECTION 1
(B)(1) OF THIS SECTION MAY BRING AN ACTION REQU ESTING THE COURT TO 2
TRANSFER PROPERTY ACQUIRED BY A GOVERNMENTAL UNIT UNDER THIS SECTION 3
TO THE PERSON OR ORGANIZATION. 4
(II) WITHIN 6 MONTHS AFTER A GOVER NMENTAL UNIT IS 5
SERVED IN AN ACTION BROUGHT UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, 6
THE COURT SHALL MAKE A DETERMINATION ON T HE DISPOSITION OF TH E 7
PROPERTY. 8
Article – Real Property 9
14–121. 10
(a) (1) In this section the following words have the meanings indicated. 11
(3) “Cultural affiliation” means a relationship of shared group identity that 12
can be reasonably traced historically between a present–day group, tribe, band, or clan and 13
an identifiable earlier group. 14
(4) “Person in interest” means a person who: 15
(i) Is related by blood or marriage to the person interred in a burial 16
site; 17
(ii) Is a domestic partner, as defined in § 1 –101 of the Health – 18
General Article, of a person interred in a burial site; 19
(iii) Has a cultural affiliation with the person interred in a burial site; 20
or 21
(iv) Has an interest in a burial site that the Office of the State’s 22
Attorney for the county where the burial site is located recognizes is in the public interest 23
after consultation with a local burial sites advisory board or, if such a board does not exist, 24
the Maryland Historical Trust. 25
5–101. 26
(a) In this title the following words have the meanings indicated. 27
(b) “Alkaline hydrolysis” mea ns the process of reducing human remains using 28
water, alkaline chemicals, and heat inside a watertight vessel to accelerate decomposition. 29
(c) “Authorizing agent” has the meaning stated in § 5–508 of the Health – General 30
Article. 31
16 SENATE BILL 233
(d) (1) “Burial goods” means goods that are used in connection with burial. 1
(2) “Burial goods” includes: 2
(i) a casket; 3
(ii) a grave liner; 4
(iii) a memorial; 5
(iv) a monument; 6
(v) a scroll; 7
(vi) an urn; 8
(vii) a vase; and 9
(viii) a vault. 10
(e) “Burial goods business” means a business that provides burial goods. 11
(f) (1) “Cemetery” means land used or to be used for interment. 12
(2) “Cemetery” includes: 13
(I) a structure used or to be used for interment; AND 14
(II) A STRUCTURE USED TO CONDUCT BUSINESS REL ATED TO 15
THE OPERATION OF A CEMETERY. 16
(g) “Cremation” means the disposition of a dead human body by means of 17
incineration. 18
(h) “Crematory” means a building, portion of a building, or structure that houses 19
the necessary appliances and facilities for cremation or alkaline hydrolysis. 20
(I) “CULTURAL AFFILIATION” HAS THE MEANING STAT ED IN § 14–121 OF 21
THE REAL PROPERTY ARTICLE. 22
(J) “DESCENDANT COMMUNITY ORGANIZATION” MEANS AN ORGANIZATION 23
THAT HAS MEMBERS WHO HAVE ANCESTORS WHO A RE INTERRED AT A CEM ETERY 24
OR WHO HAVE A CULTURAL AFFILIATION WITH THE DECEASED PERSONS INTERRED 25
AT A CEMETERY. 26
SENATE BILL 233 17
[(i)] (K) “Director” means the Director of the Office of Cemetery Oversight. 1
[(j)] (L) “Engage in the operation of a cemetery” means owning, controlling, or 2
managing a cemetery, including performing activities necessary for: 3
(1) the establishment, improvement, care, preservation, or embellishment 4
of a cemetery; 5
(2) interment; and 6
(3) the providing of burial space or burial goods. 7
[(k)] (M) (1) “Engage in the operation of a crematory” means controlling or 8
managing a crematory. 9
(2) “Engage in the operation of a crematory” does not include: 10
(i) the practice of funeral direction or the practice of mortuary 11
science; or 12
(ii) 1. assistance in making decisions and filling out forms that 13
are not directly related to cremation; 14
2. obtaining vital statistics, signatures, an d other 15
information necessary to complete a death certificate; 16
3. transportation of a body to the place of disposition; or 17
4. any other services regarding the disposition of a body that 18
are not directly related to cremation. 19
[(l)] (N) (1) “Engage in the operation of a reduction facility” means 20
controlling or managing a reduction facility. 21
(2) “Engage in the operation of a reduction facility” does not include: 22
(i) the practice of funeral direction or the practice of mortuary 23
science; or 24
(ii) 1. assistance in making decisions and filling out forms that 25
are not directly related to natural organic reduction; 26
2. obtaining vital statistics, signatures, and other 27
information necessary to complete a death certificate; 28
3. transportation of a body to the place of disposition; or 29
18 SENATE BILL 233
4. any other services regarding the disposition of a body that 1
are not directly related to natural organic reduction. 2
[(m)] (O) “Funeral establishment” means a building, structure, or premises from 3
which the business of funeral directing or embalming is conducted. 4
[(n)] (P) (1) “Human remains” means: 5
(i) the body of a deceased person; or 6
(ii) a part of a body or limb that has been removed from a living 7
person. 8
(2) “Human remains” includes the body or part of a body or limb in any 9
state of decomposition. 10
(3) “Human remains” does not include soil remains produced after the 11
completion of natural organic reduction. 12
[(o)] (Q) “Hydrolyzed remains” means the bone fragments produced by the 13
completion of alkaline hydrolysis. 14
[(p)] (R) “Interment” means all final disposition of human remains or pet 15
remains, including: 16
(1) earth burial; 17
(2) mausoleum entombment; and 18
(3) niche or columbarium interment. 19
[(q)] (S) “Natural organic red uction” means the contained accelerated 20
conversion of human remains into soil. 21
[(r)] (T) “Office” means the Office of Cemetery Oversight. 22
[(s)] (U) “Permit” means a permit issued by the Director to allow a partnership, 23
limited liability company, or corporation to operate a business through which a registrant 24
may: 25
(1) engage in the operation of a cemetery or crematory; or 26
(2) provide burial goods. 27
SENATE BILL 233 19
[(t)] (V) (1) “Pet remains” means the body of a deceased animal that was kept 1
as a pet. 2
(2) “Pet remains” includes the body of a pet or a part of a pet’s body in any 3
state of decomposition or the body of a pet after having been cremated. 4
[(u)] (W) (1) “Preneed goods” means burial goods that are sold before the 5
buyer’s death. 6
(2) “Preneed goods” does not include burial space. 7
[(v)] (X) “Provide burial goods” means a retail transaction: 8
(1) to erect, service, or inscribe burial memorials; or 9
(2) to sell burial goods. 10
[(w)] (Y) “Reduction facility” means a building, portion of a building, or structure 11
that houses the necessary appliances, containers, and facilities for performing natural 12
organic reduction. 13
[(x)] (Z) “Registered cemeterian” means an individual registered to operate a 14
cemetery as a sole proprietor or on behalf of a sole proprietor or of a permit holder. 15
[(y)] (AA) “Registered crematory operator” means an individual registered to 16
operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder. 17
[(z)] (BB) “Registered reduction operator” means an individual registered to 18
operate a reduction facility as a sole proprietor or on behalf of a sole proprietor or a permit 19
holder. 20
[(aa)] (CC) “Registered seller” means an individual registered to provide burial 21
goods as a sole proprietor or on behalf of a sole proprietor or of a permit holder. 22
[(bb)] (DD) “Registration” means a registration issued by the Director authorizing 23
an individual to operate a cemetery, to operate a crematory, to operate a reduction facility, 24
or to provide burial goods. 25
[(cc)] (EE) “Responsible party” means a sole proprietor or the individual 26
designated by a partnership, limited liability company, or corporation to be responsible for 27
the operations of a cemetery, crematory, reduction facility, or burial goods business. 28
[(dd)] (FF) “Soil remains” means the soil produced at final disposition of a dead 29
human body at a reduction facility by completion of natural organic reduction. 30
5–505. 31
20 SENATE BILL 233
(a) IN THIS SECTION, “PERSON IN INTEREST” HAS THE MEANING STATED IN 1
§ 14–121 OF THE REAL PROPERTY ARTICLE. 2
(B) (1) An action may be brought in accordance with the Maryland Rules [and 3
a court may pass a judgment for sale of a burial ground for another purpose if: 4
(1) the ground has been dedicated and used for burial; 5
(2) burial lots have been sold in the burial ground and deeds executed or 6
certificates issued to buyers of the lots; 7
(3) the ground has ceased to be used for burial; and 8
(4) it is desirable to dispose of the burial ground for another purpose ] 9
WHEN THE OWNER OF PR OPERTY THAT INCLUDES A CEMETERY PROPOSES TH E 10
SALE, TRANSFER, OR ALTERNATE USE OF ALL OR PART OF THE C EMETERY THAT 11
DOES NOT CONFORM WITH THE OPERATION OF A CEMETERY. 12
(2) AN ACTION UNDER PARAGRAPH (1) OF THIS SUBSECTION MAY BE 13
BROUGHT BY: 14
(I) A PERSON WITH A BURIAL RIGHT IN THE CEMETERY; 15
(II) A DESCENDANT COMMUNITY ORGANIZATION; 16
(III) A NONPROFIT ORGANIZA TION THAT HAS A PURP OSE OF 17
PRESERVING THE CEMETERY; 18
(IV) A GOVERNMENTAL UNIT WITH AN INTEREST IN THE 19
PROPERTY; OR 20
(V) A PERSON IN INTEREST. 21
(3) THE OWNER OF THE PROP ERTY THAT INCLUDES T HE CEMETERY 22
HAS THE BURDEN OF PROOF IN ANY PROCEEDING REGARDING THE DISPOSITION OF 23
THE PROPERTY AND THE CEMETERY. 24
(C) AFTER HEARING FROM AN Y PERSON DESCRIBED U NDER SUBSECTION 25
(B)(2) OF THIS SECTIO N WHO WISHES TO BE H EARD ON THE PROPOSED SALE, 26
TRANSFER, OR ALTERNATE USE OF THE CEMETERY UNDER SUBSECTION (B) OF THIS 27
SECTION, THE COURT SHALL: 28
SENATE BILL 233 21
(1) ALLOW THE PROPOSED SALE, TRANSFER, OR ALTERNATE USE OF 1
ALL OR PART OF THE CEMETERY; 2
(2) PROHIBIT THE PROPOSED SALE, TRANSFER, OR ALTERNATE USE 3
OF ALL OR PART OF THE CEMETERY; OR 4
(3) ORDER AN ALTERNATIVE DISPOSITION OF THE CEMETERY. 5
[(b)] (D) If the court is satisfied that it is [expedient] APPROPRIATE or would 6
be in the interest of [the parties] A PERSON DESCRIBED IN SUBSECTION (B)(2) OF THIS 7
SECTION to sell the [burial ground] CEMETERY, the court SHALL: 8
(1) [may] pass a judgment for the sale of the [burial ground] CEMETERY 9
on the terms and notice the court sets; 10
(2) [shall] order that as mu ch of the proceeds of the sale as necessary be 11
used to pay the expenses of removing any human remains in the [burial ground ] 12
CEMETERY, buying burial lots in another [burial ground] CEMETERY, and reburying the 13
remains; and 14
(3) [shall] distribute the remaining proceeds of the sale among the parties 15
according to their interests. 16
[(c)] (E) A judgment [for] APPROVING the sale of a [burial ground passes to the 17
buyer of the burial ground] CEMETERY CONVEYS the title [to the burial ground] OF THE 18
CEMETERY free of the claims of: 19
(1) the owners of the [burial ground] CEMETERY; and 20
(2) the holders of burial [lots] RIGHTS IN THE CEMETERY. 21
(F) IF THE COURT DETERMIN ES THAT THE SALE OR TRANSFER OF A 22
CEMETERY IS INAPPROP RIATE AND NOT IN THE BEST INTEREST O F A PERSON 23
DESCRIBED IN SUBSECTION (B)(2) OF THIS SECTION, THE COURT SHALL: 24
(1) (I) APPROVE THE TRANSFER TO A DESCENDANT COMM UNITY 25
ORGANIZATION OR OTHER NONPROFIT ORGANIZATION THAT AGREES TO MAINTAIN 26
AND PRESERVE THE CEMETERY; AND 27
(II) APPROVE THE PRICE OF THE TRANSFE R, INCLUDING A 28
DONATION OR NOMINAL FEE; OR 29
(2) ORDER A NEGOTIATION BETWEEN THE OWNER OF THE CEMETERY 30
AND THE PERSON THAT WISHES TO ACQUIRE IT. 31
22 SENATE BILL 233
[5–506. 1
(a) An action may be brought in accordance with the Maryland Rules and a court 2
may pass a judgment for sale of a burial ground in Baltimore City for another purpose if: 3
(1) the ground has been dedicated and used for burial; 4
(2) burial lots have been sold in the burial ground and deeds executed or 5
other written instruments issue d to buyers of the lots without provision being made for 6
perpetual care of the lots; and 7
(3) more than 75% of the area of the burial ground: 8
(i) has been abandoned; or 9
(ii) is harmful to the public health, safety, or welfare. 10
(b) The action may be brought by: 11
(1) a person with a property right in the burial ground; or 12
(2) a governmental unit with an interest in ending the conditions that are 13
harmful to the public health, safety, or welfare. 14
(c) If the court is satisfied that more than 75% of the area of a burial ground has 15
been abandoned or is harmful to the public health, safety, or welfare, the court: 16
(1) may pass a judgment for the sale of the entire burial ground on the 17
terms and notice the court sets; and 18
(2) may appoint a trustee to sell the burial ground. 19
(d) The trustee shall distribute the sale proceeds: 20
(1) first, to pay the expenses of removing any human remains, that, with 21
reasonable care, can be definitely located in the burial ground, buying burial lots in another 22
burial ground, and reburying the remains; 23
(2) second, to pay expenses of removing any markers that are in good 24
condition from the old lots and relocating the markers on new lots; 25
(3) third, to pay the expenses of ending conditions that are ha rmful to the 26
public health, safety, or welfare, unless the contract of sale of the burial ground provides 27
for abatement of those conditions within a reasonable period of time after the sale is 28
completed; 29
SENATE BILL 233 23
(4) fourth, to pay the costs of necessary legal p roceedings, including court 1
costs, trustee’s commissions, and legal fees; 2
(5) fifth, to pay in full any taxes; and 3
(6) finally, to pay the balance of the proceeds to the person who, 4
immediately before the sale, had record title to the burial ground i n its entirety according 5
to the land records of Baltimore City. 6
(e) A judgment for the sale of a burial ground or a deed or other conveyancing 7
instrument executed by a trustee under this section passes to the buyer of the burial ground 8
the title to the burial ground free of: 9
(1) the claims of the owners of the burial ground; 10
(2) the claims of the holders of burial lots; and 11
(3) the intended or actual use or dedication of the land in the burial ground 12
for burial.] 13
Article – Real Property 14
14–121. 15
(a) (1) In this section the following words have the meanings indicated. 16
(3) “Cultural affiliation” means a relationship of shared group identity that 17
can be reasonably traced historically between a present–day group, tribe, band, or clan and 18
an identifiable earlier group. 19
(4) “Person in interest” means a person who: 20
(i) Is related by blood or marriage to the person interred in a burial 21
site; 22
(ii) Is a domestic partner, as defined in § 1 –101 of the Health – 23
General Article, of a person interred in a burial site; 24
(iii) Has a cultural affiliation with the person interred in a burial site; 25
or 26
(iv) Has an interest in a burial site that the Office of the State’s 27
Attorney for the county where the burial site is located recognizes is in the public interest 28
after consultation with a local burial sites advisory board or, if such a board does not exist, 29
the Maryland Historical Trust. 30
24 SENATE BILL 233
[5–505. 1
(a) An action may be brought in accordance with the Maryland Rules and a court 2
may pass a judgment for sale of a burial ground for another purpose if: 3
(1) the ground has been dedicated and used for burial; 4
(2) burial lots have been sold in the burial ground and deeds executed or 5
certificates issued to buyers of the lots; 6
(3) the ground has ceased to be used for burial; and 7
(4) it is desirable to dispose of the burial ground for another purpose. 8
(b) If the court is satisfied that it is expedient or would be in the interest of the 9
parties to sell the burial ground, the court: 10
(1) may pass a judgment for the sale of the burial ground on the terms and 11
notice the court sets; 12
(2) shall order that as much of the proceeds of the sale as necessary be used 13
to pay the expenses of removing any human remains in the burial ground, buying bu rial 14
lots in another burial ground, and reburying the remains; and 15
(3) shall distribute the remaining proceeds of the sale among the parties 16
according to their interests. 17
(c) A judgment for the sale of a burial ground passes to the buyer of the burial 18
ground the title to the burial ground free of the claims of: 19
(1) the owners of the burial ground; and 20
(2) the holders of burial lots.] 21
5–505. 22
(A) IN THIS SECTION, “CEMETERY OWNER” MEANS: 23
(1) A REGISTERED CEMETERIAN; 24
(2) A PERMIT HOLDER UNDER SUBTITLE 4 OF THIS TITLE; OR 25
(3) AN OWNER OF A CEMETE RY THAT IS EXEMPT FR OM THE 26
REGISTRATION AND PERMITTING REQUIREMENTS UNDER § 5–102 OF THIS TITLE. 27
SENATE BILL 233 25
(B) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS (G) AND (H) OF THIS 1
SECTION, THIS SECTION DOES NOT APPLY TO A RELIGIOUS ORGANIZATION THAT IS 2
A CEMETERY OWNER. 3
(C) (1) A REGISTERED CEMETERIAN OR PERMIT HOLDER MAY NOT SELL 4
OR TRANSFER A CEMETERY, IN WHOLE OR IN PART, TO ANOTHER PERSON FOR A USE 5
OTHER THAN AS A CEMETERY WITHOUT THE APPROVAL OF THE DIRECTOR. 6
(2) THE OWNER OF A CEMETE RY THAT IS EXEMPT FR OM THE 7
REGISTRATION AND PER MITTING REQUIREMENTS UNDER § 5–102 OF THIS TITLE 8
MAY NOT SELL OR TRANSFER THE CEMETERY, IN WHOLE OR IN PART, TO ANOTHER 9
PERSON WITHOUT THE APPROVAL OF THE DIRECTOR. 10
(D) BEFORE APPROVING THE SALE OR TRANSFER OF A CEMETERY UNDER 11
THIS SECTION, THE DIRECTOR SHALL: 12
(1) REQUIRE A CEMETERY OWNER TO SUBMIT TO THE DIRECTOR: 13
(I) AN APPLICATION UNDER SUBSECTION (E) OF THIS SECTION; 14
(II) A COMPLETED PRESERVA TION PLAN UNDER SUBSECTION 15
(F) OF THIS SECTION; AND 16
(III) SATISFACTORY EVIDENCE OF COMPLETION OF THE PUBLIC 17
NOTICE REQUIREMENTS UNDER SUBSECTION (H) OF THIS SECTION; AND 18
(2) REVIEW AND CONSIDER ANY PUBLIC COMMENTS REGARDING THE 19
CEMETERY IN ACCORDANCE WITH SUBSECTION (I) OF THIS SECTION. 20
(E) (1) TO REQUEST APPROVAL T O SELL OR TRANSFER A CEMETERY 21
UNDER SUBSECTION (C) OF THIS SECTION, A CEMETERY OWNER SHALL SUBMIT AN 22
APPLICATION TO THE DIRECTOR ON THE FORM THAT THE DIRECTOR PROVIDES. 23
(2) IN ADDITION TO ANY OT HER INFORMATION REQUIRED ON AN 24
APPLICATION FORM, THE FORM SHALL REQUIRE: 25
(I) THE NAME AND ADDRESS OF EACH CEMETERY OWNER; 26
(II) NOTICE OF THE INTENT TO SELL OR TRANSFER THE 27
CEMETERY, IN WHOLE OR IN PART; 28
(III) A DESCRIPTION OF THE CEMETERY OR PART OF THE 29
CEMETERY INTENDED FOR SALE OR TRANSFER, INCLUDING THE NAME, LOCATION, 30
26 SENATE BILL 233
SIZE, ESTIMATED NUMBER OF HUMAN REMAINS AND PET REMAINS INTERRED IN THE 1
CEMETERY, AND NUMBER OF UNUSED OR UNSOLD BURIAL SITES; 2
(IV) THE NAME AND CONTACT INFORMATION OF ANY POTENTIAL 3
BUYERS OR TRANSFEREES OF THE CEMETERY, IF KNOWN; 4
(V) AN AGREEMENT TO SUBM IT A PRESERVATION PL AN IN 5
ACCORDANCE WITH SUBSECTION (F) OF THIS SECTION; AND 6
(VI) A COPY OF THE PUBLIC NOTICE REQUIRED UNDE R 7
SUBSECTION (H) OF THIS SECTION. 8
(F) (1) A CEMETERY OWNER SHALL , IN CONSULTATION WITH THE 9
DIRECTOR, DEVELOP A PRESERVATI ON PLAN FOR A CEMETE RY THAT THE 10
CEMETERY OWNER INTENDS TO SELL OR TRANSFER. 11
(2) IN DEVELOPING THE PRE SERVATION PLAN UNDER PARAGRAPH 12
(1) OF THIS SUBSECTION, THE CEMETERY OWNER SHALL COMPLY WITH SUBSECTION 13
(G) OF THIS SECTION. 14
(G) EACH CEMETERY OWNER , INCLUDING A RELIGIOU S ORGANIZATION 15
THAT IS A CEMETERY OWNER, SHALL ATTEMPT TO IDENTIFY AND CONTACT: 16
(1) ANY DESCENDENT OR DE SCENDENT COMMUNITY ORGANIZATION 17
OF AN INDIVIDUAL INTERRED IN THE CEMETERY; 18
(2) ANY INDIVIDUAL OR FA MILY WHO HAS PURCHAS ED AN UNUSED 19
PLOT IN THE CEMETERY; AND 20
(3) ANY PERSON THAT HAS WORKED TO MAINTAIN T HE ABANDONED 21
CEMETERY. 22
(H) (1) BEFORE A CEMETERY OWN ER, INCLUDING A RELIGIOU S 23
ORGANIZATION THAT IS A CEMETERY OWNER, MAY SELL OR TRANSFER A CEMETERY 24
UNDER THIS SECTION, THE CEMETERY OWNER SHALL PROVIDE PUBLIC NOTICE OF 25
THE CEMETERY OWNER’S INTENT TO SELL OR TRANSFER THE CEMETERY BY: 26
(I) PUBLISHING NOTICE O F THE SALE OR TRANSF ER IN A 27
NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY WHERE THE CEMETERY IS 28
LOCATED FOR 9 SUCCESSIVE WEEKS; 29
(II) PLACING A WRITTEN NO TICE OF INTENT TO SE LL OR 30
TRANSFER IN THE CEMETERY AT A CONSPICUOUS LOCATION IN FULL PUBLIC VIEW 31
FOR NOT LESS THAN 60 DAYS; 32
SENATE BILL 233 27
(III) PROVIDING NOTICE TO LOCAL GENEALOGICAL A ND 1
HISTORICAL SOCIETIES; AND 2
(IV) HOLDING A PUBLIC MEETING AT WHICH PUBLIC TESTIMONY 3
MUST BE OFFERED. 4
(2) A PUBLIC NOTICE REQUIR ED UNDER PARAGRAPH (1) OF THIS 5
SUBSECTION SHALL INCLUDE: 6
(I) THE ADDRESS OF THE CEMETERY; 7
(II) THE ESTIMATED SIZE AND NUMBER OF HUMAN REMAINS OR 8
PET REMAINS INTERRED IN THE CEMETERY; 9
(III) ANY AVAILABLE INFORM ATION ABOUT THE CEME TERY 10
FROM THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; AND 11
(IV) IF AVAILABLE, THE NAME OF THE LAST KNOWN OWNER OF 12
THE CEMETERY. 13
(I) BEFORE APPROVING THE SALE OR TRANSFER OF A CEMETERY UNDER 14
THIS SECTION , THE DIRECTOR SHALL CONSID ER ANY PUBLIC COMMEN TS ABOUT 15
THE CEMETERY RECEIVED BY THE CEMETERY OWNER AT A PUBLIC HEARING UNDER 16
SUBSECTION (H)(1)(IV) OF THIS SECTION OR BY THE DIRECTOR, INCLUDING: 17
(1) WHETHER THE CEMETERY OWNER HAS CONSIDERED THE 18
CONCERNS OF THE DESCENDANT COMMUNITY, INCLUDING: 19
(I) REASONS FOR THE PROP OSED SALE OR TRANSFE R AND 20
FUTURE PLANS FOR THE PROPERTY; 21
(II) WHETHER THE CURRENT LOCATION OF THE CEME TERY 22
HOLDS ANY CULTURAL OR HISTORICAL SIGNIFICANCE; 23
(III) THE COST OF DISINTER MENT AND REINTERMENT OF THE 24
HUMAN REMAINS OR PET REMAINS IN THE CEMETERY AND WHO SHOULD BEAR THE 25
COST; AND 26
(IV) WHERE ANY HUMAN REMA INS OR PET REMAINS 27
DISINTERRED FROM THE CEMETERY WOULD BE RELOCATED; AND 28
28 SENATE BILL 233
(2) WHETHER THE CEMETERY OWNER RECEIVED OTHER EQUIVALENT 1
OFFERS FOR PURCHASE OF THE CEMETERY THAT MAY BE LESS DISRUPTIVE TO THE 2
CEMETERY. 3
(J) THE DIRECTOR SHALL APPROV E THE SALE OR TRANSF ER OF A 4
CEMETERY OR PART OF A CEMETERY UNDER THIS SECTION IF: 5
(1) THE CEMETERY OWNER S ATISFIES ALL THE REQ UIREMENTS OF 6
THIS SECTION; AND 7
(2) THE DIRECTOR DETERMINES THAT IT IS IN THE INTEREST OF ALL 8
THE PARTIES TO SELL OR TRANSFER THE CEMETERY OR PART OF THE CEMETERY. 9
(K) AN ACTION MAY BE BROU GHT IN ACCORDANCE WI TH THE MARYLAND 10
RULES AND A COURT MAY PASS JUDGMENT REGARD ING THE SALE OF A BU RIAL 11
GROUND FOR ANOTHER P URPOSE IF ANY PARTY DISPUTES THE DIRECTOR’S 12
DECISION UNDER SUBSECTION (J) OF THIS SECTION. 13
5–507. 14
(A) IN THIS SECTION, “ABANDONED CEMETERY” MEANS A CEMETERY FOR 15
WHICH: 16
(1) LEGAL OWNERSHIP CANNOT BE DETERMINED; 17
(2) THE PERSON WITH LEGAL RESPONSIBILITY FOR OPERATION AND 18
MAINTENANCE OF THE CEMETERY CANNOT BE DETERMINED; 19
(3) THE ENTITY THAT OPER ATED THE CEMETERY HAS CEASED TO 20
OPERATE; OR 21
(4) THE REAL PROPERTY ON WHICH THE CEMETERY IS LOCATED HAS 22
BEEN CONDEMNED. 23
(B) (1) THE STATE, A COUNTY , OR A MUNICIPALITY MA Y ACQUIRE AN 24
ABANDONED CEMETERY , INCLUDING OWNERSHIP OF ANY UNOCCUPIED LO TS OR 25
BURIAL SITES , FOR THE PURPOSE OF T RANSFERRING OWNERSHI P OF THE 26
ABANDONED CEMETERY T O A DESCENDANT COMMU NITY ORGANIZATION OR A 27
NONPROFIT ORGANIZATION. 28
(2) A DESCENDENT COMMUNITY ORGANIZATION OR NONP ROFIT 29
ORGANIZATION THAT AGREES TO THE TRANSFER OF TITLE OF A CEMETERY UNDER 30
PARAGRAPH (1) OF THIS SUBSECTION S HALL AGREE TO PROPER LY MAINTAIN , 31
PRESERVE, AND PROTECT THE CEMETERY. 32
SENATE BILL 233 29
(C) IF A GOVERNMENTAL ENT ITY THAT HAS ACQUIRE D AN ABANDONED 1
CEMETERY UNDER SUBSE CTION (B) OF THIS SECTION IS U NABLE TO TRANSFER 2
OWNERSHIP OF THE ABANDONED CEMETERY W ITHIN A REASONABLE P ERIOD OF 3
TIME, THE DIRECTOR MAY FACILITATE THE REINTERMENT OF ANY HUMAN REMAINS 4
OR PET REMAINS FROM THE ABANDONED CEMETE RY TO AN OPERATIONAL 5
CEMETERY IN A PROFESSIONAL MANNER. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2026. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.