Maryland 2025 Regular Session

Maryland House Bill HB1354 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1354
6	6
7	7	HOUSE BILL 1354
8	8	C2 5lr2093
9	9	CF 5lr2094
10	10	By: Delegate Simmons
11	11	Introduced and read first time: February 7, 2025
12	12	Assigned to: Economic Matters and Health and Government Operations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Business Regulation – Cemeteries – Requirements for Sale or Transfer or 2
19	19	Government Acquisition 3
20	20
21	21	FOR the purpose of prohibiting certain owners of a cemetery from selling or transferring 4
22	22	the cemetery without the approval of the Director of the Office of Cemetery 5
23	23	Oversight; authorizing a governmental unit to acquire an abandoned cemetery under 6
24	24	certain circumstances; establishing certain requirements for the sale, transfer, or 7
25	25	government acquisition of a cemetery; and generally relating to the sale, transfer, or 8
26	26	acquisition of cemeteries. 9
27	27
28	28	BY repealing 10
29	29	Article – Business Regulation 11
30	30	Section 5–505 12
31	31	Annotated Code of Maryland 13
32	32	(2024 Replacement Volume) 14
33	33
34	34	BY adding to 15
35	35	Article – Business Regulation 16
36	36	Section 5–505 and 5–507 17
37	37	Annotated Code of Maryland 18
38	38	(2024 Replacement Volume) 19
39	39
40	40	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
41	41	That the Laws of Maryland read as follows: 21
42	42
43	43	Article – Business Regulation 22
44	44
45	45	[5–505. 23
46	46	2 HOUSE BILL 1354
47	47
48	48
49	49	(a) An action may be brought in accordance with the Maryland Rules and a court 1
50	50	may pass a judgment for sale of a burial ground for another purpose if: 2
51	51
52	52	(1) the ground has been dedicated and used for burial; 3
53	53
54	54	(2) burial lots have been sold in the burial ground and deeds executed or 4
55	55	certificates issued to buyers of the lots; 5
56	56
57	57	(3) the ground has ceased to be used for burial; and 6
58	58
59	59	(4) it is desirable to dispose of the burial ground for another purpose. 7
60	60
61	61	(b) If the court is satisfied that it is expedient or would be in the interest of the 8
62	62	parties to sell the burial ground, the court: 9
63	63
64	64	(1) may pass a judgment for the sale of the burial ground on the terms and 10
65	65	notice the court sets; 11
66	66
67	67	(2) shall order that as much of the proceeds of the sale as necessary be used 12
68	68	to pay the expenses of removing any human remains in the burial ground, buying burial 13
69	69	lots in another burial ground, and reburying the remains; and 14
70	70
71	71	(3) shall distribute the remaining proceeds of the sale among the parties 15
72	72	according to their interests. 16
73	73
74	74	(c) A judgment for the sale of a burial ground passes to the buyer of the burial 17
75	75	ground the title to the burial ground free of the claims of: 18
76	76
77	77	(1) the owners of the burial ground; and 19
78	78
79	79	(2) the holders of burial lots.] 20
80	80
81	81	5–505. 21
82	82
83	83	(A) IN THIS SECTION, “CEMETERY OWNER ” MEANS: 22
84	84
85	85	(1) A REGISTERED CEMETER IAN; 23
86	86
87	87	(2) A PERMIT HOLDER UNDE R SUBTITLE 4 OF THIS TITLE; OR 24
88	88
89	89	(3) AN OWNER OF A CEMETE RY THAT IS EXEMPT FR OM THE 25
90	90	REGISTRATION AND PER MITTING REQUIREMENT S UNDER § 5–102 OF THIS TITLE. 26
91	91
92	92	(B) (1) A REGISTERED CEMETERIA N OR PERMIT HOLDE R MAY NOT SELL 27
93	93	OR TRANSFER A CEMETE RY, IN WHOLE OR IN PART, TO ANOTHER PERSON FOR A USE 28
94	94	OTHER THAN AS A CEME TERY WITHOUT THE APPROVAL OF THE DIRECTOR. 29 HOUSE BILL 1354 3
95	95
96	96
97	97
98	98	(2) THE OWNER OF A CEMETE RY THAT IS EXEMPT FR OM THE 1
99	99	REGISTRATION AND PER MITTING REQUIREMENTS UNDER § 5–102 OF THIS TITLE 2
100	100	MAY NOT SELL OR TRAN SFER THE CEMETERY, IN WHOLE OR IN PART , TO ANOTHER 3
101	101	PERSON WITHOUT THE A PPROVAL OF THE DIRECTOR. 4
102	102
103	103	(C) BEFORE APPROV ING THE SALE OR TRANSFER OF A CEMETERY UNDER 5
104	104	THIS SECTION, THE DIRECTOR SHALL : 6
105	105
106	106	(1) REQUIRE A CEMETERY OWNER TO SUBMIT TO THE DIRECTOR: 7
107	107
108	108	(I) AN APPLICATION UNDER SUBSECTION (D) OF THIS SECTION; 8
109	109
110	110	(II) A COMPLETED PRESERVA TION PLAN UNDER SUBS ECTION 9
111	111	(E) OF THIS SECTION; AND 10
112	112
113	113	(III) SATISFACTORY EVIDENC E OF COMPLETION OF T HE PUBLIC 11
114	114	NOTICE REQUIREMENTS UNDER SUBSECTION (F) OF THIS SECTION; AND 12
115	115
116	116	(2) REVIEW AND CONSIDER ANY PUBLIC COMMENTS REGARDING THE 13
117	117	CEMETERY IN ACCORDANCE WITH SUBSECTION (G) OF THIS SECTION. 14
118	118
119	119	(D) (1) TO REQUEST APPROVAL TO SELL OR TRANSFER A CEMETERY 15
120	120	UNDER SUBSECTION (B) OF THIS SECTION, A CEMETERY OWNER SHA LL SUBMIT AN 16
121	121	APPLICATION TO THE DIRECTOR ON THE FORM THAT THE DIRECTOR PROVIDES . 17
122	122
123	123	(2) IN ADDITION TO ANY OT HER INFORMATION REQUIRED ON AN 18
124	124	APPLICATION FORM , THE FORM SHALL REQUI RE: 19
125	125
126	126	(I) THE NAME AND ADDRESS OF EACH CEMETERY OWN ER; 20
127	127
128	128	(II) NOTICE OF THE INTENT TO SELL OR TRANSFER THE 21
129	129	CEMETERY, IN WHOLE OR IN PART ; 22
130	130
131	131	(III) A DESCRIPTION OF THE CEMETERY OR PART OF THE 23
132	132	CEMETERY INTENDED FOR SALE OR TRANSFER , INCLUDING THE NAME , LOCATION, 24
133	133	SIZE, ESTIMATED NUMBER OF HUMAN REMAINS AND PE T REMAINS INTERRED I N THE 25
134	134	CEMETERY, AND NUMBER OF UNUSED OR UNSOLD BURIAL SIT ES; 26
135	135
136	136	(IV) THE NAME AND CONTACT INFORMATION OF ANY POTENTIAL 27
137	137	BUYERS OR TRANSFEREES OF TH E CEMETERY, IF KNOWN; 28
138	138	4 HOUSE BILL 1354
139	139
140	140
141	141	(V) AN AGREEMENT TO SUBMIT A PRESER VATION PLAN IN 1
142	142	ACCORDANCE WITH SUBS ECTION (E) OF THIS SECTION; AND 2
143	143
144	144	(VI) A COPY OF THE PUBLIC NOTICE REQUIRED UNDER 3
145	145	SUBSECTION (F) OF THIS SECTION. 4
146	146
147	147	(E) (1) A CEMETERY OWNER SHALL , IN CONSULTATION WITH THE 5
148	148	DIRECTOR, DEVELOP A PRESERVATI ON PLAN FOR A CEMETERY THAT THE 6
149	149	CEMETERY OWNER INTEN DS TO SELL OR TRANSF ER. 7
150	150
151	151	(2) IN DEVELOPING THE PRE SERVATION PLAN UNDER PARAGRAPH 8
152	152	(1) OF THIS SUBSECTION , THE CEMETERY OWNER SHALL ATTEMPT TO IDENTIFY AND 9
153	153	CONTACT: 10
154	154
155	155	(I) ANY DESCENDENT OR DE SCENDENT COMMUNITY 11
156	156	ORGANIZATION OF A N INDIVIDUAL INTERRED IN THE CEMETERY; 12
157	157
158	158	(II) ANY INDIVIDUAL OR FA MILY WHO HAS PURCHASED AN 13
159	159	UNUSED PLOT IN THE C EMETERY; AND 14
160	160
161	161	(III) ANY PERSON THAT HAS WORKED TO M AINTAIN THE 15
162	162	ABANDONED CEMETERY . 16
163	163
164	164	(F) (1) BEFORE A CEMETERY OWNER MAY SELL OR TRANSFER A 17
165	165	CEMETERY UNDER THIS SECTION , THE CEMETERY OWNER SHALL PROVIDE PUBLIC 18
166	166	NOTICE OF THE CEMETERY OWNE R’S INTENT TO SELL OR TRANSFER THE CEMETERY 19
167	167	BY: 20
168	168
169	169	(I) PUBLISHING NOTICE OF THE SALE OR TRANSFER IN A 21
170	170	NEWSPAPER OF GENERAL CIRCULATION IN THE C OUNTY WHERE THE CEMETERY IS 22
171	171	LOCATED FOR 9 SUCCESSIVE WEEKS ; 23
172	172
173	173	(II) PLACING A WRITTEN NOTICE OF INTENT TO SELL OR 24
174	174	TRANSFER IN THE CEMETERY AT A CONSPICUOUS LOCATION IN FULL PUBLIC VIEW 25
175	175	FOR NOT LESS THAN 60 DAYS; 26
176	176
177	177	(III) PROVIDING NOTICE TO LOCAL GENEALOGICAL A ND 27
178	178	HISTORICAL SOCIETIE S; AND 28
179	179
180	180	(IV) HOLDING A PUBLIC MEETING AT WHICH PUBLIC TESTIMONY 29
181	181	MUST BE OFFERED. 30
182	182	HOUSE BILL 1354 5
183	183
184	184
185	185	(2) A PUBLIC NOTICE REQUIRED UNDE R PARAGRAPH (1) OF THIS 1
186	186	SUBSECTION SHALL INCLUDE: 2
187	187
188	188	(I) THE ADDRESS OF THE CEMETERY ; 3
189	189
190	190	(II) THE ESTIMATED SIZE A ND NUMBER OF HUMAN REMAINS OR 4
191	191	PET REMAINS INTERRED IN THE CEMETERY ; 5
192	192
193	193	(III) ANY AVAILABLE INFORM ATION ABOUT THE CEMETERY 6
194	194	FROM THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; AND 7
195	195
196	196	(IV) IF AVAILABLE, THE NAME OF THE LAST KNOWN OWNER OF 8
197	197	THE CEMETERY . 9
198	198
199	199	(G) BEFORE APPROVING THE SALE OR TRANSFER OF A CEMETERY UNDER 10
200	200	THIS SECTION, THE DIRECTOR SHALL CONSID ER ANY PUBLIC COMMENTS ABOUT 11
201	201	THE CEMETERY RECEIVED BY THE CEME TERY OWNER AT A PUBL IC HEARING UNDER 12
202	202	SUBSECTION (F)(1)(IV) OF THIS SECTION OR BY THE DIRECTOR, INCLUDING: 13
203	203
204	204	(1) WHETHER THE CEMETERY OWNER HAS CONSIDERED THE 14
205	205	CONCERNS OF THE DESC ENDANT COMMUNITY , INCLUDING: 15
206	206
207	207	(I) REASONS FOR THE PROPOSED SALE OR TRANSFER AND 16
208	208	FUTURE PLANS FOR THE PROPERTY; 17
209	209
210	210	(II) WHETHER THE CURRENT LOCATION OF THE CEME TERY 18
211	211	HOLDS ANY CULTURAL OR HISTORIC AL SIGNIFICANCE ; 19
212	212
213	213	(III) THE COST OF DISINTER MENT AND REINTERMENT OF THE 20
214	214	HUMAN REMAINS OR PET REMAINS IN THE CEMETERY AND WHO SHOULD BEAR THE 21
215	215	COST; AND 22
216	216
217	217	(IV) WHERE ANY HUMAN REMAINS OR PET REMAINS 23
218	218	DISINTERRED FROM THE CEMETERY WOULD BE RELOCATED ; AND 24
219	219
220	220	(2) WHETHER THE CEMETERY OWNER RECEIVED OTHER EQUIVALENT 25
221	221	OFFERS FOR PURCHASE OF THE CEMETERY THAT MAY BE LESS DISRUPTIVE TO T HE 26
222	222	CEMETERY. 27
223	223
224	224	(H) THE DIRECTOR SHALL APPROVE THE SALE OR TRANSFER OF A 28
225	225	CEMETERY OR PART OF A CEMETER Y UNDER THIS SECTION IF: 29
226	226	6 HOUSE BILL 1354
227	227
228	228
229	229	(1) THE CEMETERY OWNER S ATISFIES ALL THE REQ UIREMENTS OF 1
230	230	THIS SECTION; AND 2
231	231
232	232	(2) THE DIRECTOR DETERMINES T HAT IT IS IN THE INTEREST OF ALL 3
233	233	THE PARTIES TO SELL OR TRANSFER THE CEME TERY OR PART OF THE CEMETERY. 4
234	234
235	235	5–507. 5
236	236
237	237	(A) IN THIS SECTION, “ABANDONED CEMETERY ” MEANS A CEMETERY FOR 6
238	238	WHICH: 7
239	239
240	240	(1) LEGAL OWNERSHIP CANN OT BE DETERMINED ; 8
241	241
242	242	(2) THE PERSON WITH LEGA L RESPONSIBILITY FOR OPERATION AND 9
243	243	MAINTENANCE OF THE C EMETERY CANNOT BE DE TERMINED; 10
244	244
245	245	(3) THE ENTITY THAT OPER ATED THE CEMETERY HA S CEASED TO 11
246	246	OPERATE; OR 12
247	247
248	248	(4) THE REAL PROPERTY ON WHICH THE CEMETERY I S LOCATED HAS 13
249	249	BEEN CONDEMNED . 14
250	250
251	251	(B) (1) THE STATE, A COUNTY, OR A MUNICIPALITY MA Y ACQUIRE AN 15
252	252	ABANDONED CEMETERY , INCLUDING OWNERSHIP OF ANY UNOCCUPIED LO TS OR 16
253	253	BURIAL SITES , FOR THE PURPOSE OF T RANSFERRING OWNERSHI P OF THE 17
254	254	ABANDONED CEMETERY T O A DESCENDANT COMMU NITY ORGANIZATION OR A 18
255	255	NONPROFIT ORGANIZATION . 19
256	256
257	257	(2) A DESCENDENT COMMUNITY ORGANIZATION OR NONP ROFIT 20
258	258	ORGANIZATION THAT AG REES TO THE TRANSFER OF TITLE OF A CEMETE RY UNDER 21
259	259	PARAGRAPH (1) OF THIS SUBSECTION S HALL AGREE TO PROPER LY MAINTAIN, 22
260	260	PRESERVE, AND PROTECT THE CEME TERY. 23
261	261
262	262	(C) IF A GOVERNMENTAL ENT ITY THAT HAS ACQUIRE D AN ABANDONED 24
263	263	CEMETERY UNDER SUBSE CTION (B) OF THIS SECTION IS UNABLE TO TRANSFER 25
264	264	OWNERSHIP OF THE ABA NDONED CEMETERY WITH IN A REASONABLE PERI OD OF 26
265	265	TIME, THE DIRECTOR MAY FACILITA TE THE REINTERMENT O F ANY HUMAN RE MAINS 27
266	266	OR PET REMAINS FROM THE ABANDONED CEMETE RY TO AN OPERATIONAL 28
267	267	CEMETERY IN A PROFES SIONAL MANNER . 29
268	268
269	269	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
270	270	October 1, 2025. 31