EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*sb1021*
SENATE BILL 1021
C2 5lr2094
CF HB 1354
By: Senators C. Jackson and Muse
Introduced and read first time: February 5, 2025
Assigned to: Rules
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 SENATE BILL 1021
(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 CEMETE RIAN; 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 REQUIREMENTS UNDER § 5–102 OF THIS TITLE. 26
(B) (1) A REGISTERED CEMETERIA N OR PERMIT HOLDER M AY NOT SELL 27
OR TRANSFER A CEMETERY , IN WHOLE OR IN PART , TO ANOTHER PERSON FO R A USE 28
OTHER THAN AS A CEME TERY WITHOUT THE APP ROVAL OF THE DIRECTOR. 29 SENATE BILL 1021 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 APPROVING THE SALE OR TRANSFER OF A CEMETERY UNDER 5
THIS SECTION, THE DIRECTOR SHALL : 6
(1) REQUIRE A CEMETERY O WNER TO SUBMIT TO TH E 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 ACCORDAN CE WITH SUBSECTION (G) OF THIS SECTION. 14
(D) (1) TO REQUEST APPROVAL T O 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 REQ UIRED 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 P OTENTIAL 27
BUYERS OR TRANSFEREES OF THE C EMETERY, IF KNOWN; 28
4 SENATE BILL 1021
(V) AN AGREEMENT TO SUBM IT A PRESERVATION PL AN IN 1
ACCORDANCE WITH SUBS ECTION (E) OF THIS SECTION; AND 2
(VI) A COPY OF THE PUBLIC NOTICE REQUIRED UNDE R 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 CEMETE RY 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 S HALL ATTEMPT TO IDENTIFY AND 9
CONTACT: 10
(I) ANY DESCENDENT OR DE SCENDENT COMMUNITY 11
ORGANIZATION OF AN I NDIVIDUAL INTERRED I N THE CEMETERY ; 12
(II) ANY INDIVIDUAL OR FA MILY WHO HAS PURCHAS ED AN 13
UNUSED PLOT IN THE C EMETERY; AND 14
(III) ANY PERSON THAT HAS WORKED TO MAINTAIN THE 15
ABANDONED CEMETERY . 16
(F) (1) BEFORE A CEMETERY OWN ER MAY SELL OR TRANS FER A 17
CEMETERY UNDER THIS SECTION, THE CEMETERY OWNER S HALL PROVIDE PUBLIC 18
NOTICE OF THE CEMETE RY OWNER’S INTENT TO SELL OR TRANSFER THE CEMETER Y 19
BY: 20
(I) PUBLISHING NOTICE OF THE SALE O R TRANSFER IN A 21
NEWSPAPER OF GENERAL CIRCULATION IN THE C OUNTY WHERE THE CEME TERY IS 22
LOCATED FOR 9 SUCCESSIVE WEEKS ; 23
(II) PLACING A WRITTEN NO TICE OF INTENT TO SE LL OR 24
TRANSFER IN THE CEME TERY AT A CONSPICUOU S LOCATION IN FULL P UBLIC VIEW 25
FOR NOT LESS THAN 60 DAYS; 26
(III) PROVIDING NOTICE TO LOCAL GENEALOGICAL A ND 27
HISTORICAL SOCIETIES ; AND 28
(IV) HOLDING A PUBLIC MEE TING AT WHICH PUBLIC TESTIMONY 29
MUST BE OFFERED . 30
SENATE BILL 1021 5
(2) A PUBLIC NOTICE REQUIR ED UNDER PARAGRAPH (1) OF THIS 1
SUBSECTION SHALL INCLUDE : 2
(I) THE ADDRESS OF THE C EMETERY; 3
(II) THE ESTIMATED SIZE A ND NUMBER OF HUMAN R EMAINS OR 4
PET REMAINS INTERRED IN THE CEMETERY ; 5
(III) ANY AVAILABLE INFORM ATION ABOUT THE CEME TERY 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 COMMEN TS ABOUT 11
THE CEMETERY RECEIVE D BY THE CEMETERY OWNER AT A PUBLIC HE ARING UNDER 12
SUBSECTION (F)(1)(IV) OF THIS SECTION OR B Y 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 PROP OSED SALE OR TRANSFE R AND 16
FUTURE PLANS FOR THE PROPERTY; 17
(II) WHETHER THE CURRENT LOCATION OF THE CEME TERY 18
HOLDS ANY CULTURAL O R HISTORICAL SIGNIFI CANCE; 19
(III) THE COST OF DISINTER MENT AND REINTERMENT OF THE 20
HUMAN REMAINS OR PET REMAINS IN THE CEMET ERY AND WHO SHOULD B EAR THE 21
COST; AND 22
(IV) WHERE ANY HUMAN REMA INS OR PET REMAINS 23
DISINTERRED FROM THE CEMETERY WOULD BE RE LOCATED; AND 24
(2) WHETHER THE CEMETERY OWNER RECEIVED OTHER EQUIVALENT 25
OFFERS FOR PURCHASE OF THE CEMETERY THAT MAY BE LESS DISRUPTI VE TO THE 26
CEMETER Y. 27
(H) THE DIRECTOR SHALL APPROV E THE SALE OR TRANSF ER OF A 28
CEMETERY OR PART OF A CEMETERY UNDER THI S SECTION IF: 29
6 SENATE BILL 1021
(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 ORGANIZATI ON. 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 ABAN DONED 24
CEMETERY UNDER SUBSE CTION (B) OF THIS SECTION IS U NABLE 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 REMAINS 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