EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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.
*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
Re–referred to: Finance, February 10, 2025
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 28, 2025
CHAPTER ______
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; exempting a certain cemetery owner from the requirement to obtain an 6
approval from the Director; authorizing a governmental unit to acquire an 7
abandoned cemetery under certain circumstances; establishing certain requirements 8
for the sale, transfer, or government acquisition of a cemetery; and generally relating 9
to the sale, transfer, or acquisition of cemeteries. 10
BY repealing 11
Article – Business Regulation 12
Section 5–505 13
Annotated Code of Maryland 14
(2024 Replacement Volume) 15
BY adding to 16
Article – Business Regulation 17
Section 5–505 and 5–507 18
Annotated Code of Maryland 19
(2024 Replacement Volume) 20
2 SENATE BILL 1021
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Business Regulation 3
[5–505. 4
(a) An action may be brought in accordance with the Maryland Rules and a court 5
may pass a judgment for sale of a burial ground for another purpose if: 6
(1) the ground has been dedicated and used for burial; 7
(2) burial lots have been sold in the burial ground and deeds executed or 8
certificates issued to buyers of the lots; 9
(3) the ground has ceased to be used for burial; and 10
(4) it is desirable to dispose of the burial ground for another purpose. 11
(b) If the court is satisfied that it is expedient or would be in the interest of the 12
parties to sell the burial ground, the court: 13
(1) may pass a judgment for the sale of the burial ground on the terms and 14
notice the court sets; 15
(2) shall order that as much of the proceeds of the sale as necessary be used 16
to pay the expenses of removing any human remains in the burial ground, buying burial 17
lots in another burial ground, and reburying the remains; and 18
(3) shall distribute the remaining proceeds of the sale among the parties 19
according to their interests. 20
(c) A judgment for the sale of a burial ground passes to the buyer of the burial 21
ground the title to the burial ground free of the claims of: 22
(1) the owners of the burial ground; and 23
(2) the holders of burial lots.] 24
5–505. 25
(A) IN THIS SECTION, “CEMETERY OWNER ” MEANS: 26
(1) A REGISTERED CEMETER IAN; 27
(2) A PERMIT HOLDER UNDE R SUBTITLE 4 OF THIS TITLE; OR 28 SENATE BILL 1021 3
(3) AN OWNER OF A CEMETE RY THAT IS EXEMPT FR OM THE 1
REGISTRATION AND PER MITTING REQUIREMENTS UNDER § 5–102 OF THIS TITLE. 2
(B) EXCEPT AS OTHERWISE P ROVIDED IN SUBSECTIO NS (G) AND (H) OF THIS 3
SECTION, THIS SECTION DOES NO T APPLY TO A RELIGIO US ORGANIZATION THAT IS 4
A CEMETERY OWNER . 5
(C) (1) A REGISTERED CEMETERIA N OR PERMIT HOLDER M AY NOT SELL 6
OR TRANSFER A CEMETE RY, IN WHOLE OR IN PART, TO ANOTHER PERSON FO R A USE 7
OTHER THAN AS A CEME TERY WITHOUT THE APP ROVAL OF THE DIRECTOR. 8
(2) THE OWNER OF A CEMETE RY THAT IS EXEMPT FR OM THE 9
REGISTRATION AND PER MITTING REQUIREMENTS UNDER § 5–102 OF THIS TITLE 10
MAY NOT SELL OR TRAN SFER THE CEMETERY, IN WHOLE OR IN PART , TO ANOTHER 11
PERSON WITHOUT THE A PPROVAL OF THE DIRECTOR. 12
(C) (D) BEFORE APPROVING THE SALE OR TRANSFER OF A CEMETERY 13
UNDER THIS SECTION , THE DIRECTOR SHALL : 14
(1) REQUIRE A CEMETERY O WNER TO SUBMIT TO TH E DIRECTOR: 15
(I) AN APPLICATION UNDER SUBSECTION (D) (E) OF THIS 16
SECTION; 17
(II) A COMPLETED PRESERVA TION PLAN UNDER SUBS ECTION 18
(E) (F) OF THIS SECTION; AND 19
(III) SATISFACTORY EVIDENC E OF COMPLETION OF T HE PUBLIC 20
NOTICE REQUIREMENTS UNDER SUBSECTION (F) (H) OF THIS SECTION; AND 21
(2) REVIEW AND CONSIDER ANY PUBLIC COMMENTS REGARDING THE 22
CEMETERY IN ACCORDAN CE WITH SUBSECTION (G) (I) OF THIS SECTION. 23
(D) (E) (1) TO REQUEST APPROVAL T O SELL OR TRANSFER A 24
CEMETERY UNDER SUBSE CTION (B) (C) OF THIS SECTION , A CEMETERY OWNER 25
SHALL SUBMIT AN APPL ICATION TO THE DIRECTOR ON THE FORM THAT THE 26
DIRECTOR PROVIDES . 27
(2) IN ADDITION TO ANY OT HER INFORMATION REQU IRED ON AN 28
APPLICATION FORM , THE FORM SHALL REQUI RE: 29
(I) THE NAME AND ADDRESS OF EACH CEMETERY OWNER ; 30
4 SENATE BILL 1021
(II) NOTICE OF THE INTENT TO SELL OR TRANSFER THE 1
CEMETERY, IN WHOLE OR IN PART ; 2
(III) A DESCRIPTION OF THE CEMETERY OR PART OF THE 3
CEMETERY INTENDED FO R SALE OR TRANSFER , INCLUDING THE NAME , LOCATION, 4
SIZE, ESTIMATED NUMBER OF HUMAN REMAINS AND PET R EMAINS INTERRED IN T HE 5
CEMETERY, AND NUMBER OF UNUSED OR UNSOLD BURIAL SIT ES; 6
(IV) THE NAME AND CONTACT INFORMATION OF ANY P OTENTIAL 7
BUYERS OR TRANSFEREE S OF THE CEMETERY , IF KNOWN; 8
(V) AN AGREEMENT TO SUBM IT A PRESERVATION PL AN IN 9
ACCORDANCE WITH SUBS ECTION (E) (F) OF THIS SECTION; AND 10
(VI) A COPY OF THE PUBLIC NOTICE REQUIRED UNDE R 11
SUBSECTION (F) (H) OF THIS SECTION. 12
(E) (F) (1) A CEMETERY OWNER SHALL , IN CONSULTATION WITH THE 13
DIRECTOR, DEVELOP A PRESERVATI ON PLAN FOR A CEMETERY THAT THE 14
CEMETERY OWNER INTEN DS TO SELL OR TRANSF ER. 15
(2) IN DEVELOPING THE PRE SERVATION PLAN UNDER PARAGRAPH 16
(1) OF THIS SUBSECTION , THE CEMETERY OWNER S HALL COMPLY WITH SUBSECTI ON 17
(G) OF THIS SECTION. 18
(G) EACH CEMETERY OWNER , INCLUDING A RELIGIOUS ORGANIZATI ON 19
THAT IS A CEMETERY O WNER, SHALL ATTEMPT TO IDENTIFY AND CONTACT : 20
(I) (1) ANY DESCENDENT OR DE SCENDENT COMMUNITY 21
ORGANIZATION OF AN I NDIVIDUAL INTERRED I N THE CEMETERY ; 22
(II) (2) ANY INDIVIDUAL OR FA MILY WHO HAS PURCHAS ED AN 23
UNUSED PLOT IN THE C EMETERY; AND 24
(III) (3) ANY PERSON THAT HAS WORKED TO MAINTAIN T HE 25
ABANDONED CEMETERY . 26
(F) (H) (1) BEFORE A CEMETERY OWN ER, INCLUDING A RELIGIOU S 27
ORGANIZATION THAT IS A CEMETERY OWNER , MAY SELL OR TRANSFER A CEMETERY 28
UNDER THIS SEC TION, THE CEMETERY OWNER S HALL PROVIDE PUBLIC NOTICE OF 29
THE CEMETERY OWNER ’S INTENT TO SELL OR TRANSFER THE CEMETER Y BY: 30
SENATE BILL 1021 5
(I) PUBLISHING NOTICE OF THE SALE OR TRANSFER IN A 1
NEWSPAPER OF GENERAL CIRCULATION IN THE C OUNTY WHERE THE CEME TERY IS 2
LOCATED FOR 9 SUCCESSIVE WEEKS ; 3
(II) PLACING A WRITTEN NO TICE OF INTENT TO SE LL OR 4
TRANSFER IN THE CEME TERY AT A CONSPICUOU S LOCATION IN FULL P UBLIC VIEW 5
FOR NOT LESS THAN 60 DAYS; 6
(III) PROVIDING NOTICE TO LOCAL GENEALOGICAL A ND 7
HISTORICAL SOCIETIES ; AND 8
(IV) HOLDING A PUBLIC MEE TING AT WHICH PUBLIC TESTIMONY 9
MUST BE OFFERED . 10
(2) A PUBLIC NOTICE REQUIR ED UNDER PARAGRAPH (1) OF THIS 11
SUBSECTION SHALL INC LUDE: 12
(I) THE ADDRESS OF THE C EMETERY; 13
(II) THE ESTIMATED SIZE A ND NUMBER OF HUMAN R EMAINS OR 14
PET REMAINS INTERRED IN THE CEMETERY ; 15
(III) ANY AVAILABLE INFORM ATION ABOUT THE CEME TERY 16
FROM THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; AND 17
(IV) IF AVAILABLE, THE NAME OF THE LAST KNOWN OWNER OF 18
THE CEMETERY . 19
(G) (I) BEFORE APPROVING THE SALE OR TRANSFER OF A CEMETERY 20
UNDER THIS SECTION , THE DIRECTOR SHALL CONSID ER ANY PUBLIC COMMEN TS 21
ABOUT THE CEMETERY R ECEIVED BY THE CEMET ERY OWNER AT A PUBLI C HEARING 22
UNDER SUBSECTION (F)(1)(IV) (H)(1)(IV) OF THIS SECTION OR B Y THE DIRECTOR, 23
INCLUDING: 24
(1) WHETHER THE CEMETERY OWNER HAS CONSIDERED THE 25
CONCERNS OF THE DESC ENDANT COMMUNITY , INCLUDING: 26
(I) REASONS FOR THE PROP OSED SALE OR TRANSFE R AND 27
FUTURE PLANS FOR THE PROPERTY; 28
(II) WHETHER THE CURRENT LOCATION OF THE CEME TERY 29
HOLDS ANY CULTURAL O R HISTORICAL SIGNIFI CANCE; 30
6 SENATE BILL 1021
(III) THE COST OF DISINTER MENT AND REINTERMENT OF THE 1
HUMAN REMAINS OR PET REMAINS IN THE CEMET ERY AND WHO SHOULD B EAR THE 2
COST; AND 3
(IV) WHERE ANY HUMAN R EMAINS OR PET REMAIN S 4
DISINTERRED FROM THE CEMETERY WOULD BE RE LOCATED; AND 5
(2) WHETHER THE CEMETERY OWNER RECEIVED OTHER EQUIVALENT 6
OFFERS FOR PURCHASE OF THE CEMETERY THAT MAY BE LESS DISRUPTI VE TO THE 7
CEMETERY. 8
(H) (J) THE DIRECTOR SHALL APPROV E THE SALE OR TRANSFER O F A 9
CEMETERY OR PART OF A CEMETERY UNDER THI S SECTION IF: 10
(1) THE CEMETERY OWNER S ATISFIES ALL THE REQ UIREMENTS OF 11
THIS SECTION; AND 12
(2) THE DIRECTOR DETERMINES T HAT IT IS IN THE INTEREST OF ALL 13
THE PARTIES TO SELL OR TRANSFER THE CEMETERY OR PART OF THE CEMETERY . 14
(K) AN ACTION MAY BE BROU GHT IN ACCORDANCE WI TH THE MARYLAND 15
RULES AND A COURT MAY PASS JUDGMENT REGARD ING THE SALE OF A BU RIAL 16
GROUND FOR ANOTHER P URPOSE IF ANY PARTY DISPUTES THE DIRECTOR’S 17
DECISION UNDER SUBSE CTION (J) OF THIS SECTION. 18
5–507. 19
(A) IN THIS SECTION, “ABANDONED CEMETERY ” MEANS A CEMETERY FOR 20
WHICH: 21
(1) LEGAL OWNERSHIP CANN OT BE DETERMINED ; 22
(2) THE PERSON WITH LEGA L RESPONSIBILITY FOR OPERATION AND 23
MAINTENANCE OF THE C EMETERY CANNOT BE DETERMINED ; 24
(3) THE ENTITY THAT OPER ATED THE CEMETERY HA S CEASED TO 25
OPERATE; OR 26
(4) THE REAL PROPERTY ON WHICH THE CEMETERY I S LOCATED HAS 27
BEEN CONDEMNED . 28
(B) (1) THE STATE, A COUNTY, OR A MUNICIPALITY MA Y ACQUIRE AN 29
ABANDONED CEMETERY , INCLUDING O WNERSHIP OF ANY UNOC CUPIED LOTS OR 30
BURIAL SITES , FOR THE PURPOSE OF T RANSFERRING OWNERSHI P OF THE 31 SENATE BILL 1021 7
ABANDONED CEMETERY T O A DESCENDANT COMMU NITY ORGANIZATION OR A 1
NONPROFIT ORGANIZATI ON. 2
(2) A DESCENDENT COMMUNITY ORGANIZATION OR NONP ROFIT 3
ORGANIZATION TH AT AGREES TO THE TRA NSFER OF TITLE OF A CEMETERY UNDER 4
PARAGRAPH (1) OF THIS SUBSECTION S HALL AGREE TO PROPER LY MAINTAIN, 5
PRESERVE, AND PROTECT THE CEME TERY. 6
(C) IF A GOVERNMENTAL ENT ITY THAT HAS ACQUIRE D AN ABANDONED 7
CEMETERY UNDER SUBSE CTION (B) OF THIS SECTION IS UNABLE TO TRANSFER 8
OWNERSHIP OF THE ABA NDONED CEMETERY WITH IN A REASONABLE PERI OD OF 9
TIME, THE DIRECTOR MAY FACILITA TE THE REINTERMENT O F ANY HUMAN REMAINS 10
OR PET REMAINS FROM THE ABANDONED CEMETE RY TO AN OPERATIONAL 11
CEMETERY IN A PROFES SIONAL MANNER. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2025. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.