EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1354*
HOUSE BILL 1354
C2 5lr2093
CF 5lr2094
By: Delegate Simmons
Introduced and read first time: February 7, 2025
Assigned to: Economic Matters and Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Business Regulation – Cemeteries – Requirements for Sale or Transfer or 2
Government Acquisition 3
FOR the purpose of prohibiting certain owners of a cemetery from selling or transferring 4
the cemetery without the approval of the Director of the Office of Cemetery 5
Oversight; authorizing a governmental unit to acquire an abandoned cemetery under 6
certain circumstances; establishing certain requirements for the sale, transfer, or 7
government acquisition of a cemetery; and generally relating to the sale, transfer, or 8
acquisition of cemeteries. 9
BY repealing 10
Article – Business Regulation 11
Section 5–505 12
Annotated Code of Maryland 13
(2024 Replacement Volume) 14
BY adding to 15
Article – Business Regulation 16
Section 5–505 and 5–507 17
Annotated Code of Maryland 18
(2024 Replacement Volume) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Business Regulation 22
[5–505. 23
2 HOUSE BILL 1354
(a) An action may be brought in accordance with the Maryland Rules and a court 1
may pass a judgment for sale of a burial ground for another purpose if: 2
(1) the ground has been dedicated and used for burial; 3
(2) burial lots have been sold in the burial ground and deeds executed or 4
certificates issued to buyers of the lots; 5
(3) the ground has ceased to be used for burial; and 6
(4) it is desirable to dispose of the burial ground for another purpose. 7
(b) If the court is satisfied that it is expedient or would be in the interest of the 8
parties to sell the burial ground, the court: 9
(1) may pass a judgment for the sale of the burial ground on the terms and 10
notice the court sets; 11
(2) shall order that as much of the proceeds of the sale as necessary be used 12
to pay the expenses of removing any human remains in the burial ground, buying burial 13
lots in another burial ground, and reburying the remains; and 14
(3) shall distribute the remaining proceeds of the sale among the parties 15
according to their interests. 16
(c) A judgment for the sale of a burial ground passes to the buyer of the burial 17
ground the title to the burial ground free of the claims of: 18
(1) the owners of the burial ground; and 19
(2) the holders of burial lots.] 20
5–505. 21
(A) IN THIS SECTION, “CEMETERY OWNER ” MEANS: 22
(1) A REGISTERED CEMETER IAN; 23
(2) A PERMIT HOLDER UNDE R SUBTITLE 4 OF THIS TITLE; OR 24
(3) AN OWNER OF A CEMETE RY THAT IS EXEMPT FR OM THE 25
REGISTRATION AND PER MITTING REQUIREMENT S UNDER § 5–102 OF THIS TITLE. 26
(B) (1) A REGISTERED CEMETERIA N OR PERMIT HOLDE R MAY NOT SELL 27
OR TRANSFER A CEMETE RY, IN WHOLE OR IN PART, TO ANOTHER PERSON FOR A USE 28
OTHER THAN AS A CEME TERY WITHOUT THE APPROVAL OF THE DIRECTOR. 29 HOUSE BILL 1354 3
(2) THE OWNER OF A CEMETE RY THAT IS EXEMPT FR OM THE 1
REGISTRATION AND PER MITTING REQUIREMENTS UNDER § 5–102 OF THIS TITLE 2
MAY NOT SELL OR TRAN SFER THE CEMETERY, IN WHOLE OR IN PART , TO ANOTHER 3
PERSON WITHOUT THE A PPROVAL OF THE DIRECTOR. 4
(C) BEFORE APPROV ING THE SALE OR TRANSFER OF A CEMETERY UNDER 5
THIS SECTION, THE DIRECTOR SHALL : 6
(1) REQUIRE A CEMETERY OWNER TO SUBMIT TO THE DIRECTOR: 7
(I) AN APPLICATION UNDER SUBSECTION (D) OF THIS SECTION; 8
(II) A COMPLETED PRESERVA TION PLAN UNDER SUBS ECTION 9
(E) OF THIS SECTION; AND 10
(III) SATISFACTORY EVIDENC E OF COMPLETION OF T HE PUBLIC 11
NOTICE REQUIREMENTS UNDER SUBSECTION (F) OF THIS SECTION; AND 12
(2) REVIEW AND CONSIDER ANY PUBLIC COMMENTS REGARDING THE 13
CEMETERY IN ACCORDANCE WITH SUBSECTION (G) OF THIS SECTION. 14
(D) (1) TO REQUEST APPROVAL TO SELL OR TRANSFER A CEMETERY 15
UNDER SUBSECTION (B) OF THIS SECTION, A CEMETERY OWNER SHA LL SUBMIT AN 16
APPLICATION TO THE DIRECTOR ON THE FORM THAT THE DIRECTOR PROVIDES . 17
(2) IN ADDITION TO ANY OT HER INFORMATION REQUIRED ON AN 18
APPLICATION FORM , THE FORM SHALL REQUI RE: 19
(I) THE NAME AND ADDRESS OF EACH CEMETERY OWN ER; 20
(II) NOTICE OF THE INTENT TO SELL OR TRANSFER THE 21
CEMETERY, IN WHOLE OR IN PART ; 22
(III) A DESCRIPTION OF THE CEMETERY OR PART OF THE 23
CEMETERY INTENDED FOR SALE OR TRANSFER , INCLUDING THE NAME , LOCATION, 24
SIZE, ESTIMATED NUMBER OF HUMAN REMAINS AND PE T REMAINS INTERRED I N THE 25
CEMETERY, AND NUMBER OF UNUSED OR UNSOLD BURIAL SIT ES; 26
(IV) THE NAME AND CONTACT INFORMATION OF ANY POTENTIAL 27
BUYERS OR TRANSFEREES OF TH E CEMETERY, IF KNOWN; 28
4 HOUSE BILL 1354
(V) AN AGREEMENT TO SUBMIT A PRESER VATION PLAN IN 1
ACCORDANCE WITH SUBS ECTION (E) OF THIS SECTION; AND 2
(VI) A COPY OF THE PUBLIC NOTICE REQUIRED UNDER 3
SUBSECTION (F) OF THIS SECTION. 4
(E) (1) A CEMETERY OWNER SHALL , IN CONSULTATION WITH THE 5
DIRECTOR, DEVELOP A PRESERVATI ON PLAN FOR A CEMETERY THAT THE 6
CEMETERY OWNER INTEN DS TO SELL OR TRANSF ER. 7
(2) IN DEVELOPING THE PRE SERVATION PLAN UNDER PARAGRAPH 8
(1) OF THIS SUBSECTION , THE CEMETERY OWNER SHALL ATTEMPT TO IDENTIFY AND 9
CONTACT: 10
(I) ANY DESCENDENT OR DE SCENDENT COMMUNITY 11
ORGANIZATION OF A N INDIVIDUAL INTERRED IN THE CEMETERY; 12
(II) ANY INDIVIDUAL OR FA MILY WHO HAS PURCHASED AN 13
UNUSED PLOT IN THE C EMETERY; AND 14
(III) ANY PERSON THAT HAS WORKED TO M AINTAIN THE 15
ABANDONED CEMETERY . 16
(F) (1) BEFORE A CEMETERY OWNER MAY SELL OR TRANSFER A 17
CEMETERY UNDER THIS SECTION , THE CEMETERY OWNER SHALL PROVIDE PUBLIC 18
NOTICE OF THE CEMETERY OWNE R’S INTENT TO SELL OR TRANSFER THE CEMETERY 19
BY: 20
(I) PUBLISHING NOTICE OF THE SALE OR TRANSFER IN A 21
NEWSPAPER OF GENERAL CIRCULATION IN THE C OUNTY WHERE THE CEMETERY IS 22
LOCATED FOR 9 SUCCESSIVE WEEKS ; 23
(II) PLACING A WRITTEN NOTICE OF INTENT TO SELL OR 24
TRANSFER IN THE CEMETERY AT A CONSPICUOUS LOCATION IN FULL PUBLIC VIEW 25
FOR NOT LESS THAN 60 DAYS; 26
(III) PROVIDING NOTICE TO LOCAL GENEALOGICAL A ND 27
HISTORICAL SOCIETIE S; AND 28
(IV) HOLDING A PUBLIC MEETING AT WHICH PUBLIC TESTIMONY 29
MUST BE OFFERED. 30
HOUSE BILL 1354 5
(2) A PUBLIC NOTICE REQUIRED UNDE R PARAGRAPH (1) OF THIS 1
SUBSECTION SHALL INCLUDE: 2
(I) THE ADDRESS OF THE CEMETERY ; 3
(II) THE ESTIMATED SIZE A ND NUMBER OF HUMAN REMAINS OR 4
PET REMAINS INTERRED IN THE CEMETERY ; 5
(III) ANY AVAILABLE INFORM ATION ABOUT THE CEMETERY 6
FROM THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; AND 7
(IV) IF AVAILABLE, THE NAME OF THE LAST KNOWN OWNER OF 8
THE CEMETERY . 9
(G) BEFORE APPROVING THE SALE OR TRANSFER OF A CEMETERY UNDER 10
THIS SECTION, THE DIRECTOR SHALL CONSID ER ANY PUBLIC COMMENTS ABOUT 11
THE CEMETERY RECEIVED BY THE CEME TERY OWNER AT A PUBL IC HEARING UNDER 12
SUBSECTION (F)(1)(IV) OF THIS SECTION OR BY THE DIRECTOR, INCLUDING: 13
(1) WHETHER THE CEMETERY OWNER HAS CONSIDERED THE 14
CONCERNS OF THE DESC ENDANT COMMUNITY , INCLUDING: 15
(I) REASONS FOR THE PROPOSED SALE OR TRANSFER AND 16
FUTURE PLANS FOR THE PROPERTY; 17
(II) WHETHER THE CURRENT LOCATION OF THE CEME TERY 18
HOLDS ANY CULTURAL OR HISTORIC AL SIGNIFICANCE ; 19
(III) THE COST OF DISINTER MENT AND REINTERMENT OF THE 20
HUMAN REMAINS OR PET REMAINS IN THE CEMETERY AND WHO SHOULD BEAR THE 21
COST; AND 22
(IV) WHERE ANY HUMAN REMAINS OR PET REMAINS 23
DISINTERRED FROM THE CEMETERY WOULD BE RELOCATED ; AND 24
(2) WHETHER THE CEMETERY OWNER RECEIVED OTHER EQUIVALENT 25
OFFERS FOR PURCHASE OF THE CEMETERY THAT MAY BE LESS DISRUPTIVE TO T HE 26
CEMETERY. 27
(H) THE DIRECTOR SHALL APPROVE THE SALE OR TRANSFER OF A 28
CEMETERY OR PART OF A CEMETER Y UNDER THIS SECTION IF: 29
6 HOUSE BILL 1354
(1) THE CEMETERY OWNER S ATISFIES ALL THE REQ UIREMENTS OF 1
THIS SECTION; AND 2
(2) THE DIRECTOR DETERMINES T HAT IT IS IN THE INTEREST OF ALL 3
THE PARTIES TO SELL OR TRANSFER THE CEME TERY OR PART OF THE CEMETERY. 4
5–507. 5
(A) IN THIS SECTION, “ABANDONED CEMETERY ” MEANS A CEMETERY FOR 6
WHICH: 7
(1) LEGAL OWNERSHIP CANN OT BE DETERMINED ; 8
(2) THE PERSON WITH LEGA L RESPONSIBILITY FOR OPERATION AND 9
MAINTENANCE OF THE C EMETERY CANNOT BE DE TERMINED; 10
(3) THE ENTITY THAT OPER ATED THE CEMETERY HA S CEASED TO 11
OPERATE; OR 12
(4) THE REAL PROPERTY ON WHICH THE CEMETERY I S LOCATED HAS 13
BEEN CONDEMNED . 14
(B) (1) THE STATE, A COUNTY, OR A MUNICIPALITY MA Y ACQUIRE AN 15
ABANDONED CEMETERY , INCLUDING OWNERSHIP OF ANY UNOCCUPIED LO TS OR 16
BURIAL SITES , FOR THE PURPOSE OF T RANSFERRING OWNERSHI P OF THE 17
ABANDONED CEMETERY T O A DESCENDANT COMMU NITY ORGANIZATION OR A 18
NONPROFIT ORGANIZATION . 19
(2) A DESCENDENT COMMUNITY ORGANIZATION OR NONP ROFIT 20
ORGANIZATION THAT AG REES TO THE TRANSFER OF TITLE OF A CEMETE RY UNDER 21
PARAGRAPH (1) OF THIS SUBSECTION S HALL AGREE TO PROPER LY MAINTAIN, 22
PRESERVE, AND PROTECT THE CEME TERY. 23
(C) IF A GOVERNMENTAL ENT ITY THAT HAS ACQUIRE D AN ABANDONED 24
CEMETERY UNDER SUBSE CTION (B) OF THIS SECTION IS UNABLE TO TRANSFER 25
OWNERSHIP OF THE ABA NDONED CEMETERY WITH IN A REASONABLE PERI OD OF 26
TIME, THE DIRECTOR MAY FACILITA TE THE REINTERMENT O F ANY HUMAN RE MAINS 27
OR PET REMAINS FROM THE ABANDONED CEMETE RY TO AN OPERATIONAL 28
CEMETERY IN A PROFES SIONAL MANNER . 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2025. 31