Maryland 2025 Regular Session

Maryland Senate Bill SB57 Latest Draft

Bill / Engrossed Version Filed 03/12/2025

                             
 
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. 
          *sb0057*  
  
SENATE BILL 57 
C2, J1   	5lr0656 
  	(PRE–FILED)   
By: Senator Simonaire 
Requested: June 8, 2024 
Introduced and read first time: January 8, 2025 
Assigned to: Education, Energy, and the Environment and Finance 
Committee Report: Favorable 
Senate action: Adopted 
Read second time: February 22, 2025 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Funeral Establishments, Crematories, and Reduction Facilities – Disposition of 2 
Unclaimed Remains – Veterans 3 
 
FOR the purpose of requiring licensed funeral establishments, crematory operators, or 4 
reduction facilities to take certain actions if a certain veterans service organization 5 
does not take possession of certain unclaimed cremains, hydrolyzed remains, or soil 6 
remains that qualify for a plot in a veterans cemetery within a certain period of time; 7 
and generally relating to the disposition of unclaimed remains of veterans. 8 
 
BY repealing and reenacting, with amendments, 9 
 Article – Business Regulation 10 
Section 5–803 11 
 Annotated Code of Maryland 12 
 (2024 Replacement Volume) 13 
 
BY repealing and reenacting, with amendments, 14 
 Article – Health Occupations 15 
Section 7–406(b)(2)(i) 16 
 Annotated Code of Maryland 17 
 (2021 Replacement Volume and 2024 Supplement) 18 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 
That the Laws of Maryland read as follows: 20 
  2 	SENATE BILL 57  
 
 
Article – Business Regulation 1 
 
5–803. 2 
 
 (a) (1) In this section the following words have the meanings indicated. 3 
 
 (2) “Eligible dependent” means a veteran’s spouse, a veteran’s unmarried 4 
child under the age of 21 years, or a veteran’s unmarried adult child who before the age of 5 
21 became permanently incapable of self–support because of physical or mental disability. 6 
 
 (3) (i) “Identifying information” means data required by a veterans 7 
service organization to verify the eligibility of a veteran or an eligible dependent for burial 8 
in a national or state veterans cemetery. 9 
 
 (ii) “Identifying information” includes name, service number, Social 10 
Security number, date of birth, date of death, place of birth, and copy of the death 11 
certificate. 12 
 
 (4) “Veteran” has the meaning stated in § 9–901 of the State Government 13 
Article. 14 
 
 (5) “Veterans service organization” means an association or other entity 15 
organized for the benefit of veterans that has been recognized by the U.S. Department of 16 
Veterans Affairs or chartered by Congress and any employee or representative of the 17 
association or entity. 18 
 
 (b) (1) If a licensed funeral establishment or a crematory is in possession of 19 
cremated human remains or hydrolyzed remains that have been unclaimed for 90 days or 20 
more, the licensed funeral establishment or holder of the permit for the business of 21 
operating a crematory shall provide identifying information of the unclaimed cremains or 22 
hydrolyzed remains to a veterans service organization in order for the veterans service 23 
organization to determine if the unclaimed cremains or hydrolyzed remains are those of a 24 
veteran or an eligible dependent. 25 
 
 (2) (i) Subparagraph (ii) of this paragraph does not apply if: 26 
 
 1. an authorizing agent directs otherwise; or 27 
 
 2. a reduction facility reasonably concludes based on the 28 
identifying information or other evidence that a decedent does not qualify for disposition 29 
benefits associated with veterans status. 30 
 
 (ii) A reduction facility in possession of human remains that are 31 
being processed by natural organic reduction shall provide identifying information to a 32 
veterans service organization within 5 business days after natural organic reduction is 33 
initiated to determine if the soil remains are those of a veteran or an eligible dependent. 34 
   	SENATE BILL 57 	3 
 
 
 (c) Within 45 days after receipt of the information required by subsection (b) of 1 
this section, the veterans service organization shall notify the licensed funeral 2 
establishment, permit holder, or reduction facility: 3 
 
 (1) whether the cremains, hydrolyzed remains, or soil remains are those of 4 
a veteran or an eligible dependent; and 5 
 
 (2) if so, whether the veteran or eligible dependent is eligible for burial in 6 
a veterans cemetery. 7 
 
 (d) If the unclaimed cremains or hydrolyzed remains are those of a veteran or an 8 
eligible dependent, the licensed funeral establishment or permit holder may transfer the 9 
cremains to a veterans service organization for the purpose of disposition of the cremains 10 
or hydrolyzed remains. 11 
 
 (e) If the unclaimed soil remains are those of a veteran or an eligible dependent, 12 
the reduction facility may: 13 
 
 (1) transfer a portion of the soil remains not exceeding 300 cubic inches in 14 
volume to a veterans service organization that grants permission for the purpose of 15 
disposition; and 16 
 
 (2) if authorized by the cemetery or owner, transfer the balance of soil 17 
remains to a cemetery or the owner of a woodland protected under the Forest Conservation 18 
Act. 19 
 
 (F) IF A VETERANS SERVICE ORGANIZATION DOES NO T TAKE POSSESSION 20 
OF UNCLAIMED CREMAINS OR HYDROLYZ ED REMAINS THAT QUALIFY FOR A P LOT IN 21 
A STATE VETERANS CEMETERY UNDER § 9–906 OF THE STATE GOVERNMENT 22 
ARTICLE, WITHIN 10 DAYS AFTER THE LICEN SED FUNERAL ESTABLIS HMENT OR 23 
PERMIT HOLDER RECEIV ES THE NOTIFICATION REQUIRED UNDER SUBSECTION (C) 24 
OF THIS SECTION , THE LICENSED FUNERAL ESTABLISHMENT OR PER MIT HOLDER 25 
SHALL: 26 
 
 (1) NOTIFY THE DEPARTMENT OF VETERANS AND MILITARY 27 
FAMILIES OF THE STATUS OF THE CREMAINS OR HYDROLYZ ED REMAINS FOR THE 28 
PURPOSE OF THE APPRO PRIATE DISPOSITION O F THE CREMAINS OR HYDROLYZ ED 29 
REMAINS; AND 30 
 
 (2) TRANSFER THE CREMAINS OR HYDROLYZ ED REMAINS TO THE 31 
DEPARTMENT OF VETERANS AND MILITARY FAMILIES FOR THE PURPOSE OF T HE 32 
APPROPRIATE DISPOSIT ION OF THE CREMAINS OR HYDROLYZ ED REMAINS. 33 
 
 (G) IF A VETERANS SERVICE ORGANIZATION DOES NO T TAKE POSSESSION 34 
OF A PORTION OF UNCLAIMED SOIL REMAI NS UNDER SUBSECTION (E)(1) OF THIS 35  4 	SENATE BILL 57  
 
 
SECTION THAT QUALIFIES FOR A PLOT IN A STATE VETERANS CEMETE RY UNDER § 1 
9–906 OF THE STATE GOVERNMENT ARTICLE, WITHIN 10 DAYS AFTER THE 2 
REDUCTION FACILITY RECEIVES THE NOTIFICATION, THE REDUCTION FACILITY 3 
SHALL: 4 
 
 (1) NOTIFY THE DEPARTMENT OF VETERANS AND MILITARY 5 
FAMILIES OF THE STATU S OF THE SOIL REMAIN S FOR THE PURPOSE OF THE 6 
APPROPRIATE DISPOSIT ION OF THE SOIL REMAINS;  7 
 
 (2) TRANSFER THE SOIL REMAINS TO THE DEPARTMENT OF 8 
VETERANS AND MILITARY FAMILIES FOR THE PURP OSE OF THE APPROPRIA TE 9 
DISPOSITION OF THE S OIL REMAINS; AND 10 
 
 (3) IF AUTHORIZED BY THE CEMETERY OR OWNER , TRANSFER THE 11 
BALANCE OF THE SOIL REMAINS TO A CEMETER Y OR THE OWNER OF A WOODLAND 12 
PROTECTED UNDER THE FOREST CONSERVATION ACT. 13 
 
Article – Health Occupations 14 
 
7–406. 15 
 
 (b) (2) (i) If a licensed funeral establishment or a crematory is in 16 
possession of cremated human remains or hydrolyzed remains that have been unclaimed 17 
for 90 days or more, the licensed funeral establishment or holder of the permit for the 18 
business of operating a crematory shall provide identifying information of the unclaimed 19 
cremains or hydrolyzed remains to a veterans service organization in order for the veterans 20 
service organization to determine if the unclaimed cremains OR HYDROLYZED REMAIN S 21 
are those of a veteran or an eligible dependent. 22 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 
October 1, 2025. 24 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
         President of the Senate. 
________________________________________________________________________________  
  Speaker of the House of Delegates.