HB 892

HOUSE BILL 892
     C2  6lr1563
     HB 1354/25 – ECM & HGO  CF SB 233
     By: Delegates Hill, Boyce, Ebersole, Kaiser, Kaufman, J. Long, Ruth, Schindler,
  Simmons, Smith, Stinnett, Terrasa, and Ziegler
     Introduced and read first time: February 4, 2026
     Assigned to: Economic Matters and Health
     Committee Report: Favorable with amendments
     House action: Adopted
     Read second time: March 10, 2026
  CHAPTER ______
1 AN ACT concerning
2 Business Regulation – Cemeteries – Actions for Sale, Transfer, or Alternate Use
3 FOR the purpose of authorizing certain persons to bring an action when the owner of a
4      property that includes a cemetery proposes the sale, transfer, or alternate use of all
5      or part of a certain cemetery; requiring a court to take certain actions under certain
6      circumstances; and generally relating to actions for the sale, transfer, or alternate
7      use of cemeteries.
8 BY repealing and reenacting, with amendments,
9Article – Business Regulation
10Section 5–101 and 5–505
11Annotated Code of Maryland
12(2024 Replacement Volume and 2025 Supplement)
13 BY repealing
14Article – Business Regulation
15Section 5–506
16Annotated Code of Maryland
17(2024 Replacement Volume and 2025 Supplement)
18 BY repealing and reenacting, without amendments,
19Article – Real Property
20Section 14–121(a)(1), (3), and (4)
21Annotated Code of Maryland
     EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING 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.
  *hb0892*
2HOUSE BILL 892
1(2023 Replacement Volume and 2025 Supplement)
2Preamble
3WHEREAS, The purpose of a cemetery is to be a permanent place for the disposition
4 of the dead, a sacred ground to memorialize and honor the dead, and to provide a place for
5 visitation by relatives, friends, and others to remember, honor, and grieve and to preserve
6 the history of those interred and their community; now, therefore,
7SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
8 That the Laws of Maryland read as follows:
9Article – Business Regulation
10 5–101.
11(a)   In this title the following words have the meanings indicated.
12(b)    “Alkaline hydrolysis” means the process of reducing human remains using
13 water, alkaline chemicals, and heat inside a watertight vessel to accelerate decomposition.
14(c)   “Authorizing agent” has the meaning stated in § 5–508 of the Health – General
15 Article.
16(d)   (1)   “Burial goods” means goods that are used in connection with burial.
17(2)   “Burial goods” includes:
18(i)     a casket;
19(ii)    a grave liner;
20(iii)   a memorial;
21(iv)    a monument;
22(v)     a scroll;
23(vi)    an urn;
24(vii)   a vase; and
25(viii) a vault.
26(e)   “Burial goods business” means a business that provides burial goods.
27(f)   (1)   “Cemetery” means land used or to be used for interment.
  HOUSE BILL 892  3
1(2)   “Cemetery” includes:
2(I)    a structure used or to be used for interment; AND
3(II)
  A STRUCTURE USED TO CONDUCT BUSINESS RELATED TO
4 THE OPERATION OF A CEMETERY.
5(g)     “Cremation” means the disposition of a dead human body by means of
6 incineration.
7(h)   “Crematory” means a building, portion of a building, or structure that houses
8 the necessary appliances and facilities for cremation or alkaline hydrolysis.
9      (I)  “CULTURAL AFFILIATION” HAS THE MEANING STATED IN § 14–121 OF
10 THE REAL PROPERTY ARTICLE.
11(J)     “DESCENDANT COMMUNITY ORGANIZATION” MEANS AN ORGANIZATION
12 THAT HAS MEMBERS WHO HAVE ANCESTORS WHO ARE INTERRED AT A CEMETERY
13 OR WHO HAVE A CULTURAL AFFILIATION WITH THE DECEASED PERSONS INTERRED
14 AT A CEMETERY.
15[(i)] (K)     “Director” means the Director of the Office of Cemetery Oversight.
16[(j)] (L)  “Engage in the operation of a cemetery” means owning, controlling, or
17 managing a cemetery, including performing activities necessary for:
18(1)    the establishment, improvement, care, preservation, or embellishment
19 of a cemetery;
20(2)   interment; and
21(3)   the providing of burial space or burial goods.
22      [(k)] (M)   (1)       “Engage in the operation of a crematory” means controlling or
23 managing a crematory.
24(2)   “Engage in the operation of a crematory” does not include:
25(i)    the practice of funeral direction or the practice of mortuary
26 science; or
27(ii)   1.   assistance in making decisions and filling out forms that
28 are not directly related to cremation;
4HOUSE BILL 892
12.   obtaining vital statistics,        signatures,    and      other
2 information necessary to complete a death certificate;
33.    transportation of a body to the place of disposition; or
44.   any other services regarding the disposition of a body that
5 are not directly related to cremation.
6[(l)] (N)    (1)   “Engage in the operation of a reduction facility” means
7 controlling or managing a reduction facility.
8(2)   “Engage in the operation of a reduction facility” does not include:
9(i)    the practice of funeral direction or the practice of mortuary
10 science; or
11(ii)   1.    assistance in making decisions and filling out forms that
12 are not directly related to natural organic reduction;
132.   obtaining vital statistics,        signatures,    and      other
14 information necessary to complete a death certificate;
153.    transportation of a body to the place of disposition; or
164.    any other services regarding the disposition of a body that
17 are not directly related to natural organic reduction.
18[(m)] (O)    “Funeral establishment” means a building, structure, or premises from
19 which the business of funeral directing or embalming is conducted.
20[(n)] (P)     (1)    “Human remains” means:
21(i)    the body of a deceased person; or
22(ii)   a part of a body or limb that has been removed from a living
23 person.
24(2)    “Human remains” includes the body or part of a body or limb in any
25 state of decomposition.
26(3)   “Human remains” does not include soil remains produced after the
27 completion of natural organic reduction.
28[(o)] (Q)     “Hydrolyzed remains” means the bone fragments produced by the
29 completion of alkaline hydrolysis.
  HOUSE BILL 892  5
1[(p)] (R)      “Interment” means all final disposition of human remains or pet
2 remains, including:
3(1)     earth burial;
4(2)     mausoleum entombment; and
5(3)     niche or columbarium interment.
6[(q)] (S)   “Natural organic reduction”  means    the   contained   accelerated
7 conversion of human remains into soil.
8[(r)] (T)      “Office” means the Office of Cemetery Oversight.
9[(s)] (U)     “Permit” means a permit issued by the Director to allow a partnership,
10 limited liability company, or corporation to operate a business through which a registrant
11 may:
12(1)     engage in the operation of a cemetery or crematory; or
13(2)     provide burial goods.
14[(t)] (V)      (1)    “Pet remains” means the body of a deceased animal that was kept
15 as a pet.
16(2)    “Pet remains” includes the body of a pet or a part of a pet’s body in any
17 state of decomposition or the body of a pet after having been cremated.
18[(u)] (W)       (1)    “Preneed goods” means burial goods that are sold before the
19 buyer’s death.
20(2)     “Preneed goods” does not include burial space.
21[(v)] (X)      “Provide burial goods” means a retail transaction:
22(1)     to erect, service, or inscribe burial memorials; or
23(2)     to sell burial goods.
24[(w)] (Y)    “Reduction facility” means a building, portion of a building, or structure
25 that houses the necessary appliances, containers, and facilities for performing natural
26 organic reduction.
27[(x)] (Z)     “Registered cemeterian” means an individual registered to operate a
28 cemetery as a sole proprietor or on behalf of a sole proprietor or of a permit holder.
6HOUSE BILL 892
1[(y)] (AA)  “Registered crematory operator” means an individual registered to
2 operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder.
3[(z)] (BB)   “Registered reduction operator” means an individual registered to
4 operate a reduction facility as a sole proprietor or on behalf of a sole proprietor or a permit
5 holder.
6[(aa)] (CC) “Registered seller” means an individual registered to provide burial
7 goods as a sole proprietor or on behalf of a sole proprietor or of a permit holder.
8[(bb)] (DD) “Registration” means a registration issued by the Director authorizing
9 an individual to operate a cemetery, to operate a crematory, to operate a reduction facility,
10 or to provide burial goods.
11[(cc)] (EE) “Responsible party” means a sole proprietor or the individual
12 designated by a partnership, limited liability company, or corporation to be responsible for
13 the operations of a cemetery, crematory, reduction facility, or burial goods business.
14[(dd)] (FF) “Soil remains” means the soil produced at final disposition of a dead
15 human body at a reduction facility by completion of natural organic reduction.
16 5–505.
17(a)  IN THIS SECTION, “PERSON IN INTEREST” HAS THE MEANING STATED IN
18 § 14–121 OF THE REAL PROPERTY ARTICLE.
19(B)
  THIS SECTION DOES NOT APPLY TO PROPERTY ACQUIRED BY THE
20 DEPARTMENT OF TRANSPORTATION THAT IS NECESSARY FOR A PUBLIC PROJECT.
21(C) (1) An action may be brought in accordance with the Maryland Rules [and
22 a court may pass a judgment for sale of a burial ground for another purpose if:
23(1)    the ground has been dedicated and used for burial;
24(2)   burial lots have been sold in the burial ground and deeds executed or
25 certificates issued to buyers of the lots;
26(3)    the ground has ceased to be used for burial; and
27(4)    it is desirable to dispose of the burial ground for another purpose]
28 WHEN THE OWNER OF PROPERTY THAT INCLUDES A CEMETERY PROPOSES THE
29 SALE, TRANSFER, OR ALTERNATE USE OF ALL OR PART OF THE CEMETERY THAT
30 DOES NOT CONFORM WITH THE OPERATION OF A CEMETERY.
31(2)        AN ACTION UNDER PARAGRAPH (1) OF THIS SUBSECTION MAY BE
32 BROUGHT BY:
  HOUSE BILL 892  7
1(I)    A PERSON WITH A BURIAL RIGHT IN THE CEMETERY;
2(II)   A DESCENDANT COMMUNITY ORGANIZATION;
3(III) A NONPROFIT ORGANIZATION THAT HAS A PURPOSE OF
4 PRESERVING THE CEMETERY;
5(IV)
  A GOVERNMENTAL UNIT WITH A FINANCIAL, REGULATORY,
6 OR OTHER INTEREST IN THE PROPERTY; OR
7(V)    A PERSON IN INTEREST.
8(3)   THE OWNER OF THE PROPERTY THAT INCLUDES THE CEMETERY
9 HAS THE BURDEN OF PROOF IN ANY PROCEEDING REGARDING THE DISPOSITION OF
10 THE PROPERTY AND THE CEMETERY.
11(C) (D)   AFTER HEARING FROM ANY PERSON DESCRIBED UNDER
12 SUBSECTION (B)(2) (C)(2) OF THIS SECTION WHO WISHES TO BE HEARD ON THE
13 PROPOSED SALE, TRANSFER, OR ALTERNATE USE OF THE CEMETERY UNDER
14 SUBSECTION (B) (C) OF THIS SECTION, THE COURT SHALL:
15(1)ALLOW THE PROPOSED SALE, TRANSFER, OR ALTERNATE USE OF
16 ALL OR PART OF THE CEMETERY;
17(2)PROHIBIT THE PROPOSED SALE, TRANSFER, OR ALTERNATE USE
18 OF ALL OR PART OF THE CEMETERY; OR
19(3)   ORDER AN ALTERNATIVE DISPOSITION OF THE CEMETERY.
20[(b)] (D) (E) If the court is satisfied that it is [expedient] APPROPRIATE or would
21 be in the interest of [the parties] A PERSON DESCRIBED IN SUBSECTION (B)(2) (C)(2)
22 OF THIS SECTION to sell the [burial ground] CEMETERY, the court SHALL:
23(1)  [may] pass a judgment for the sale of the [burial ground] CEMETERY
24 on the terms and notice the court sets;
25(2)  [shall] order that as much of the proceeds of the sale as necessary be
26 used to pay the expenses of removing any human remains in the [burial ground]
27 CEMETERY, buying burial lots in another [burial ground] CEMETERY, and reburying the
28 remains; and
29(3)    [shall] distribute the remaining proceeds of the sale among the parties
30 according to their interests.
8HOUSE BILL 892
1[(c)] (E) (F) A judgment [for] APPROVING the sale of a [burial ground passes to the
2 buyer of the burial ground] CEMETERY CONVEYS the title [to the burial ground] OF THE
3 CEMETERY free of the claims of:
4(1)    the owners of the [burial ground] CEMETERY; and
5(2)    the holders of burial [lots] RIGHTS IN THE CEMETERY.
6(F) (G)      IF THE COURT DETERMINES THAT THE SALE OR TRANSFER OF A
7 CEMETERY IS INAPPROPRIATE AND NOT IN THE BEST INTEREST OF A PERSON
8 DESCRIBED IN SUBSECTION (B)(2) (C)(2) OF THIS SECTION, THE COURT SHALL:
9(1)    (I)
  APPROVE THE TRANSFER TO A DESCENDANT COMMUNITY
10 ORGANIZATION OR OTHER NONPROFIT ORGANIZATION THAT AGREES TO MAINTAIN
11 AND PRESERVE THE CEMETERY; AND
12(II)
  APPROVE THE PRICE OF THE TRANSFER, INCLUDING A
13 DONATION OR NOMINAL FEE; OR
14(2)ORDER A NEGOTIATION BETWEEN THE OWNER OF THE CEMETERY
15 AND THE PERSON THAT WISHES TO ACQUIRE IT.
16(H)   A COURT SHALL MAKE ALL DETERMINATIONS REQUIRED UNDER THIS
17 SECTION FOR THE DISPOSITION OF A PROPERTY THAT INCLUDES A CEMETERY NOT
18 MORE THAN 6 MONTHS AFTER THE ACTION IS FILED UNDER SUBSECTION (C) OF THIS
19 SECTION.
20 [5–506.
21      (a)    An action may be brought in accordance with the Maryland Rules and a court
22 may pass a judgment for sale of a burial ground in Baltimore City for another purpose if:
23(1)    the ground has been dedicated and used for burial;
24(2)    burial lots have been sold in the burial ground and deeds executed or
25 other written instruments issued to buyers of the lots without provision being made for
26 perpetual care of the lots; and
27(3)    more than 75% of the area of the burial ground:
28(i)    has been abandoned; or
29(ii)   is harmful to the public health, safety, or welfare.
  HOUSE BILL 892  9
1(b)    The action may be brought by:
2(1)    a person with a property right in the burial ground; or
3(2)   a governmental unit with an interest in ending the conditions that are
4 harmful to the public health, safety, or welfare.
5(c)  If the court is satisfied that more than 75% of the area of a burial ground has
6 been abandoned or is harmful to the public health, safety, or welfare, the court:
7(1)    may pass a judgment for the sale of the entire burial ground on the
8 terms and notice the court sets; and
9(2)    may appoint a trustee to sell the burial ground.
10(d)    The trustee shall distribute the sale proceeds:
11(1)    first, to pay the expenses of removing any human remains, that, with
12 reasonable care, can be definitely located in the burial ground, buying burial lots in another
13 burial ground, and reburying the remains;
14(2)   second, to pay expenses of removing any markers that are in good
15 condition from the old lots and relocating the markers on new lots;
16(3)    third, to pay the expenses of ending conditions that are harmful to the
17 public health, safety, or welfare, unless the contract of sale of the burial ground provides
18 for abatement of those conditions within a reasonable period of time after the sale is
19 completed;
20(4)   fourth, to pay the costs of necessary legal proceedings, including court
21 costs, trustee’s commissions, and legal fees;
22(5)    fifth, to pay in full any taxes; and
23(6)   finally, to pay the balance of the proceeds to the person who,
24 immediately before the sale, had record title to the burial ground in its entirety according
25 to the land records of Baltimore City.
26(e)     A judgment for the sale of a burial ground or a deed or other conveyancing
27 instrument executed by a trustee under this section passes to the buyer of the burial ground
28 the title to the burial ground free of:
29(1)    the claims of the owners of the burial ground;
30(2)    the claims of the holders of burial lots; and
10HOUSE BILL 892
1(3)   the intended or actual use or dedication of the land in the burial ground
2 for burial.]
3Article – Real Property
4 14–121.
5(a)    (1)   In this section the following words have the meanings indicated.
6(3)     “Cultural affiliation” means a relationship of shared group identity that
7 can be reasonably traced historically between a present–day group, tribe, band, or clan and
8 an identifiable earlier group.
9(4)   “Person in interest” means a person who:
10(i)     Is related by blood or marriage to the person interred in a burial
11 site;
12(ii)   Is a domestic partner, as defined in § 1–101 of the Health –
13 General Article, of a person interred in a burial site;
14(iii)   Has a cultural affiliation with the person interred in a burial site;
15 or
16(iv) Has an interest in a burial site that the Office of the State’s
17 Attorney for the county where the burial site is located recognizes is in the public interest
18 after consultation with a local burial sites advisory board or, if such a board does not exist,
19 the Maryland Historical Trust.
20SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
21 October 1, 2026.
     Approved:
     ________________________________________________________________________________
  Governor.
     ________________________________________________________________________________
  Speaker of the House of Delegates.
     ________________________________________________________________________________
  President of the Senate.