EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0631*
SENATE BILL 631
C2 5lr3216
CF HB 724
By: Senator M. Washington
Introduced and read first time: January 25, 2025
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Commission on Abandoned and Neglected Maryland Cemeteries – 2
Establishment 3
FOR the purpose of establishing the Commission on Abandoned and Neglected Maryland 4
Cemeteries within the Office of Cemetery Oversight; and generally relating to the 5
Commission on Abandoned and Neglected Maryland Cemeteries. 6
BY adding to 7
Article – Business Regulation 8
Section 5–1001 through 5–1005 to be under the new subtitle “Subtitle 10. 9
Commission on Abandoned and Neglected Maryland Cemeteries” 10
Annotated Code of Maryland 11
(2024 Replacement Volume) 12
BY repealing and reenacting, with amendments, 13
Article – Business Regulation 14
Section 5–1001 and 5–1002 to be under the amended subtitle “Subtitle 11. 15
Termination of Title” 16
Annotated Code of Maryland 17
(2024 Replacement Volume) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Business Regulation 21
SUBTITLE 10. COMMISSION ON ABANDONED AND NEGLECTED MARYLAND 22
CEMETERIES. 23
5–1001. 24 2 SENATE BILL 631
IN THIS SUBTITLE, “COMMISSION” MEANS THE COMMISSION ON ABANDONED 1
AND NEGLECTED MARYLAND CEMETERIES. 2
5–1002. 3
THERE IS A COMMISSION ON ABANDONED AND NEGLECTED MARYLAND 4
CEMETERIES. 5
5–1003. 6
(A) (1) THE COMMISSION CONSISTS O F THE FOLLOWING VOTI NG 7
MEMBERS, APPOINTED BY THE DIRECTOR OF THE OFFICE: 8
(I) A REPRESENTATIVE FRO M THE ADVISORY COUNCIL ON 9
CEMETERY OVERSIGHT; 10
(II) A REPRESENTATIVE OF THE MARYLAND COMMISSION ON 11
INDIAN AFFAIRS; 12
(III) A REPRESENTATIVE OF THE MARYLAND COMMISSION ON 13
AFRICAN AMERICAN HISTORY AND CULTURE; 14
(IV) A REPRESENTATIVE OF A COUNTY OR MUNICIPA LITY 15
DEPARTMENT OR AGENCY THAT MAINTAINS A CEM ETERY DATABASE ; 16
(V) TWO INDIVIDUALS WITH EXPERTISE IN CEMETER Y 17
PRESERVATION; 18
(VI) TWO INDIVIDUALS WITH EXPERTISE IN GENEALO GY; 19
(VII) ONE REPRESENTATIVE O F THE BUILDING DEVEL OPMENT 20
INDUSTRY; 21
(VIII) ONE REPRESENTATIVE O F A RELIGIOUS COMMUN ITY WHO 22
HAS KNOWLEDGE OF AND EXPERIENCE WITH CEME TERIES; 23
(IX) TWO INDIVID UALS WHO ARE MEMBERS OF A CEMETERY 24
DESCENDANT COMMUNITY ; 25
(X) ONE INDIVIDUAL WHO H AS EXPERIENCE IN PRE SERVATION 26
PLANNING; 27
SENATE BILL 631 3
(XI) ONE INDIVIDUAL WHO H AS KNOWLEDGE OF CEME TERY 1
HISTORY, ARCHITECTURE , ARCHAEOLOGY , OR URBAN DESIGN ; AND 2
(XII) ONE INDIVIDUAL FROM THE GENE RAL PUBLIC. 3
(2) A VOTING MEMBER OF THE COMMISSION MUST BE A RESIDENT OF 4
THE STATE. 5
(3) TO THE EXTENT PRACTIC ABLE, THE MEMBERSHIP OF TH E 6
COMMISSION SHALL COLL ECTIVELY REFLECT THE GEOGRAPHIC , RACIAL, ETHNIC, 7
GENDER, AND CULTURAL DIVERSITY OF THE STATE. 8
(B) THE TERM OF A VOTING MEMBER IS 4 YEARS. 9
(C) A VOTING MEMBER OF THE COMMISSION: 10
(1) MAY NOT RECEIVE COMP ENSATION AS A VOTING MEMBER OF THE 11
COMMISSION; BUT 12
(2) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER THE 13
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 14
(D) (1) (I) FROM AMONG ITS MEMBER S, THE COMMISSION SHALL 15
ELECT THE CHAIR AND VICE CHAIR OF THE COMMISSION. 16
(II) THE COMMISSION SHALL DETE RMINE: 17
1. THE MANNER OF ELECTI ONS OF OFFICERS ; AND 18
2. THE DUTIES OF EACH O FFICER. 19
(2) THE COMMISSION SHALL DETE RMINE THE TIMES AND PLACES OF 20
ITS MEETINGS. 21
(3) A MAJORITY OF COMMISSION MEMBERS CO NSTITUTES A 22
QUORUM. 23
(4) ACTION BY THE COMMISSION REQUIRES T HE AFFIRMATIVE VOTE 24
OF A MAJORITY OF THE VOTING MEMBERS . 25
(E) THE OFFICE SHALL PROVIDE STAFF FOR THE COMMISSION. 26
4 SENATE BILL 631
(F) THE COMMISSION MAY INCLUD E AS NONVOTING MEMBE RS ANY 1
INTERESTED INDIVIDUA L WITH KNOWLEDGE OR EXPERTISE REGARDING 2
ABANDONED OR NEGLECT ED CEMETERIES , CEMETERY CONSERVATIO N, MONUMENT 3
CONSTRUCTION AND REP AIR, OR CEMETERY MAINTENA NCE. 4
5–1004. 5
THE COMMISSION SHALL : 6
(1) ESTABLISH STANDARD D EFINITIONS FOR NEGLE CTED AND 7
ABANDONED CEMETERIES ; 8
(2) COMMUNICATE WITH COU NTIES AND MUNICIPALI TIES TO 9
IDENTIFY ABANDONED O R NEGLECTED CEMETERIES IN THEIR JURISDICTIONS; 10
(3) CONSULT WITH LOCAL J URISDICTIONS REGARDI NG ENABLING 11
LEGISLATION THAT PRO VIDES CEMETERY PROTE CTIONS; 12
(4) SUPPORT THE DEVELOPM ENT AND ESTABLISHMEN T OF A 13
STATEWIDE INVENTORY OF CEMETERIES AND BU RIAL SITES IN THE STATE THAT 14
INCLUDES: 15
(I) INFORMATION RELATED TO ABANDONED AND NEG LECTED 16
MARYLAND CEMETERIES ; AND 17
(II) A SEARCHABLE DATABAS E OF INFORMATION FRO M EACH 18
CEMETERY IDENTIFIED BY THE COMMISSION AS ABANDON ED AND NEGLECTED ; 19
(5) PROVIDE GUIDANCE AND SUPPORT TO DESCENDANTS WHO WISH 20
TO IMPROVE OR MAINTA IN ABANDONED OR NEGL ECTED CEMETERIES ; 21
(6) RECOMMEND GUIDELINES FOR AND PROVIDE ADVI CE REGARDING 22
THE REPAIR, RECONSTRUCTION , AND MAINTENANCE OF B URIAL SITES; 23
(7) ESTABLISH A PERMANEN T PROGRAM OF BURIAL SITE 24
PROTECTION EDUCATION FOR DISTRIBUTION TO REALTORS, DEVELOPERS , 25
COMMUNITY GROUPS , LAW ENFORCEMENT , AND ANY OTHER INTERE STED PERSON; 26
(8) DEVELOP AND IMPLEMEN T POLICY RECOMMENDAT IONS 27
RELATING TO HISTORIC AL CEMETERIES WITH A CONCENTRATION ON ABA NDONED 28
OR NEGLECTED AFRICAN AMERICAN CEMETERIES ; 29
SENATE BILL 631 5
(9) COORDINATE WITH THE STATE DEPARTMENT OF ASSESSMENTS 1
AND TAXATION TO ASSIGN TA X ACCOUNT RECORDS TO CEMETERIES NOT 2
REGISTERED WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION; 3
(10) ENCOURAGE OWNERS OF LAND ENCOMPASSING AN ABANDONED 4
OR NEGLECTED CEMETER Y TO ALLOW ACCESS BY A PERSON IN INTEREST IN 5
ACCORDANCE WITH § 14–121 OF THE REAL PROPERTY ARTICLE; 6
(11) CREATE AND MAINTAIN A DIRECTORY OF PRIVA TE AND PUBLIC 7
ORGANIZATIONS OR GOV ERNMENT ENTITIES WIT H INTEREST IN ACQUIRING , 8
REPAIRING, OR MAINTAINING ABAND ONED OR NEGLECTED CE METERIES; 9
(12) PROVIDE ADVICE AND S UPPORT TO ORGANIZATI ONS REGARDING 10
THE ACQUISITION OF E QUIPMENT NECESSARY F OR THE REPAIR AND MA INTENANCE 11
OF ABANDONED OR NEGL ECTED CEMETERIES ; 12
(13) IDENTIFY AND CREATE CEMETERY MANAGEMENT AND 13
MAINTENANCE TRAINING MATERIALS AND CERTIF ICATE PROGRAMS FOR 14
INCARCERATED INDIVID UALS; AND 15
(14) FACILITATE CEMETERY OWNER TRANSITION FOR ABANDONED 16
CEMETERIES. 17
5–1005. 18
ON OR BEFORE DECEMBER 1, 2026, AND EACH DECEMBER 1 THEREAFTER , 19
THE COMMISSION SHALL SUBM IT AN ANNUAL REPORT , INCLUDING ANY FINDIN GS 20
AND RECOMMENDATIONS , TO THE GOVERNOR AND THE GENERAL ASSEMBLY, IN 21
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE. 22
Subtitle [10.] 11. Termination of Title. 23
[5–1001.] 5–1101. 24
This title may be cited as the “Maryland Cemetery Act”. 25
[5–1002.] 5–1102. 26
Subject to the evaluation and reestablishment provisions of the Maryland Program 27
Evaluation Act, the Office of Cemetery Oversight, the provisions in this title relating to the 28
Office, and all regulations adopted by the Office shall terminate and be of no effect after 29
July 1, 2033. 30
6 SENATE BILL 631
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2025. 2