reglab/housing_qa huggingface dataset:
MD. Business Regulation Code Ann. §  5-505 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 5 - Cemetery Property|Section 5-505 - Action for Sale of Burial Ground for Another Purpose

    (a)    An action may be brought in accordance with the Maryland Rules and a court may pass a judgment for sale of a burial ground for another purpose if:        (1)    the ground has been dedicated and used for burial;        (2)    burial lots have been sold in the burial ground and deeds executed or certificates issued to buyers of the lots;        (3)    the ground has ceased to be used for burial; and        (4)    it is desirable to dispose of the burial ground for another purpose.    (b)    If the court is satisfied that it is expedient or would be in the interest of the parties to sell the burial ground, the court:        (1)    may pass a judgment for the sale of the burial ground on the terms and notice the court sets;        (2)    shall order that as much of the proceeds of the sale as necessary be used to pay the expenses of removing any human remains in the burial ground, buying burial lots in another burial ground, and reburying the remains; and        (3)    shall distribute the remaining proceeds of the sale among the parties according to their interests.    (c)    A judgment for the sale of a burial ground passes to the buyer of the burial ground the title to the burial ground free of the claims of:        (1)    the owners of the burial ground; and        (2)    the holders of burial lots.
MD. Business Regulation Code Ann. §  5-506 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 5 - Cemetery Property|Section 5-506 - Action for Sale of Burial Ground in Baltimore City for Another Purpose

    (a)    An action may be brought in accordance with the Maryland Rules and a court may pass a judgment for sale of a burial ground in Baltimore City for another purpose if:        (1)    the ground has been dedicated and used for burial;        (2)    burial lots have been sold in the burial ground and deeds executed or other written instruments issued to buyers of the lots without provision being made for perpetual care of the lots; and        (3)    more than 75% of the area of the burial ground:            (i)    has been abandoned; or            (ii)    is harmful to the public health, safety, or welfare.    (b)    The action may be brought by:        (1)    a person with a property right in the burial ground; or        (2)    a governmental unit with an interest in ending the conditions that are harmful to the public health, safety, or welfare.    (c)    If the court is satisfied that more than 75% of the area of a burial ground has been abandoned or is harmful to the public health, safety, or welfare, the court:        (1)    may pass a judgment for the sale of the entire burial ground on the terms and notice the court sets; and        (2)    may appoint a trustee to sell the burial ground.    (d)    The trustee shall distribute the sale proceeds:        (1)    first, to pay the expenses of removing any human remains, that, with reasonable care, can be definitely located in the burial ground, buying burial lots in another burial ground, and reburying the remains;        (2)    second, to pay expenses of removing any markers that are in good condition from the old lots and relocating the markers on new lots;        (3)    third, to pay the expenses of ending conditions that are harmful to the public health, safety, or welfare, unless the contract of sale of the burial ground provides for abatement of those conditions within a reasonable period of time after the sale is completed;        (4)    fourth, to pay the costs of necessary legal proceedings, including court costs, trustee’s commissions, and legal fees;        (5)    fifth, to pay in full any taxes; and        (6)    finally, to pay the balance of the proceeds to the person who, immediately before the sale, had record title to the burial ground in its entirety according to the land records of Baltimore City.    (e)    A judgment for the sale of a burial ground or a deed or other conveyancing instrument executed by a trustee under this section passes to the buyer of the burial ground the title to the burial ground free of:        (1)    the claims of the owners of the burial ground;        (2)    the claims of the holders of burial lots; and        (3)    the intended or actual use or dedication of the land in the burial ground for burial.
MD. Business Regulation Code Ann. §  5-601 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 6 - Perpetual Care|Section 5-601 - "Perpetual Care" Defined

    In this subtitle, “perpetual care”:        (1)    means the maintenance, including the cutting of grass abutting memorials or monuments, administration, supervision, and embellishment of a cemetery and its grounds, roads, and paths; and        (2)    includes the repair and renewal of buildings, including columbaria and mausoleums, and the property of the cemetery.
MD. Business Regulation Code Ann. §  5-602 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 6 - Perpetual Care|Section 5-602 - Scope of Subtitle

    (a)    This subtitle does not apply to a cemetery that:        (1)    has less than 1 acre available for burial; or        (2)    is owned and operated by:            (i)    a county;            (ii)    a municipal corporation;            (iii)    a church;            (iv)    a synagogue;            (v)    a religious organization;            (vi)    a nonprofit organization created before 1900 by an act of the General Assembly;            (vii)    a family and does not conduct public sales; or            (viii)    a State veterans agency.    (b)    This subtitle does not apply to the sale of a below–ground earth–covered chamber.    (c)    This subtitle does not amend a trust agreement covering a perpetual care fund that existed on or before July 1, 1973, except as to:        (1)    the appointment of a successor trustee or cotrustee;        (2)    deposits into the fund after July 1, 1973; and        (3)    the withdrawal from the fund of income on deposits made after July 1, 1973.
MD. Business Regulation Code Ann. §  5-604 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 6 - Perpetual Care|Section 5-604 - Trustees

    (a)    A trustee appointed under this subtitle must be:        (1)    a national banking association;        (2)    a bank, as defined in the Maryland Uniform Fiduciaries Act;        (3)    a savings bank insured by a unit of the federal government;        (4)    a savings and loan association insured by a unit of the federal government; or        (5)    a person who annually provides, with the trust report, the proof of a fidelity bond that meets the requirements of subsection (b) of this section from a recognized bonding institution authorized to do business in the State in an amount equal to the trust fund.    (b)    The fidelity bond provided under subsection (a)(5) of this section shall be:        (1)    for the benefit of the trust account of the cemetery or its burial space owners or both;        (2)    conditioned such that the applicant shall comply with all Maryland laws and regulations relating to trust accounts; and        (3)    subject to the approval of the Director.    (c)    A trustee may not use any perpetual care trust funds required to be held in trust in accordance with this subtitle to:        (1)    purchase an interest in any contract or agreement to which the registrant, permit holder, or any other person subject to the trust requirements of this subtitle, or any entity owned or under the control of a registrant, permit holder, or any other person subject to the trust requirements of this subtitle, or a spouse, child, parent, or sibling of a registrant or any other person subject to the trust requirements of this subtitle is a party; or        (2)    make any loan or direct or indirect investment of any kind:            (i)    to any registrant, permit holder, or any other person subject to the trust requirements of this subtitle or to any spouse, child, parent, or sibling of a registrant or any other person subject to the trust requirements of this subtitle;            (ii)    to or in any entity or business operations owned or under the control of a registrant, permit holder, or any other person subject to the trust requirements of this subtitle, or a spouse, child, parent, or sibling of a registrant or any other person subject to the trust requirements of this subtitle;            (iii)    on or in any real property of a cemetery, or the buildings or structures appurtenant to the property; or            (iv)    in any permanent improvements of a cemetery or its facilities.
MD. Business Regulation Code Ann. §  5-605 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 6 - Perpetual Care|Section 5-605 - Trust Agreement

    (a)    The terms of a trust to provide for perpetual care shall be designated in a written agreement between the registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle and trustee.    (b)    The terms of the trust agreement:        (1)    shall conform to this subtitle; and        (2)    may include provisions about:            (i)    payment of income;            (ii)    accumulation of income;            (iii)    reinvestment of income;            (iv)    administration of the trust fund; and            (v)    powers of the trustee as to investments.    (c)    (1)    A trust agreement shall be irrevocable.        (2)    However, a trust agreement may:            (i)    give the registered cemeterian, permit holder, or other person subject to the trust requirements of this subtitle the right to remove the trustee and appoint another qualified trustee; and            (ii)    provide for the appointment of individuals as cotrustees and successor cotrustees with a corporate trustee.
MD. Business Regulation Code Ann. §  5-607 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 6 - Perpetual Care|Section 5-607 - Enforcement

    (a)    If the Director finds that a registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle has violated this subtitle or a regulation adopted under this subtitle, the Director may refer the matter to:        (1)    the Attorney General for civil enforcement; or        (2)    the appropriate State’s Attorney for criminal prosecution.    (b)    The Attorney General may sue for and a court may grant:        (1)    injunctive or other equitable relief;        (2)    imposition of a civil penalty not exceeding $5,000; or        (3)    both.
MD. Business Regulation Code Ann. §  5-608 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 6 - Perpetual Care|Section 5-608 - Prohibited Act

    A registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle may not sell or offer to sell to a member of the public a burial lot or burial right in a cemetery and represent to the public in any way, express or implied, that the cemetery or the burial lot or burial right in the cemetery will have perpetual care unless the sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle has provided adequately for that perpetual care.
MD. Business Regulation Code Ann. §  5-609 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 6 - Perpetual Care|Section 5-609 - Operation of Cemetery in Violation of Subtitle Prohibited

    Except as provided in § 5–602 of this subtitle, a sole proprietor registered cemeterian, permit holder, or any other person subject to the permit or registration requirements of this title may not establish, operate, or allow a cemetery to be operated in violation of this subtitle.
MD. Business Regulation Code Ann. §  5-610 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 6 - Perpetual Care|Section 5-610 - Prohibited Acts and Penalties

    (a)    Except as otherwise provided in subsection (c) of this section, a sole proprietor registered cemeterian, permit holder, or any other person subject to the permit or registration requirements of this title who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to:        (1)    for a first violation, a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both;        (2)    for a second violation, a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both; and        (3)    for a third or subsequent violation, a fine not exceeding $20,000 or imprisonment not exceeding 3 years or both.    (b)    Except as otherwise provided in subsection (c) of this section, if a corporation violates this subtitle, each officer responsible for the violation is guilty of a misdemeanor and, on conviction, is subject to:        (1)    for a first violation, a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both;        (2)    for a second violation, a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both; and        (3)    for a third or subsequent violation, a fine not exceeding $20,000 or imprisonment not exceeding 3 years or both.    (c)    A person who willfully misappropriates or intentionally and fraudulently converts perpetual care trust funds in excess of $100 to that person’s own use is guilty of a felony and, on conviction, is subject to a fine not exceeding $25,000 or imprisonment not exceeding 10 years or both.
MD. Business Regulation Code Ann. §  5-701 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 7 - Preneed Burial Contracts|Section 5-701 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    (1)    “Burial space” means land or space in a structure used or to be used for burial.        (2)    “Burial space” includes a burial right in the land or space.    (c)    “Buyer” means a person who buys preneed goods or preneed services.    (d)    “Preneed burial contract” means a written instrument under which preneed goods or preneed services are to be sold and delivered or performed.    (e)    (1)    “Preneed services” means services that are sold:            (i)    before the buyer’s death; and            (ii)    in connection with burial or cremation.        (2)    “Preneed services” includes opening and closing a grave.    (f)    “Seller” means a registered cemeterian, registered crematory operator, registered seller, or any other person who sells preneed goods or preneed services.    (g)    “Specific funds” means money that is identified to a specific preneed burial contract.    (h)    “Trust account” means a preneed trust account.
MD. Business Regulation Code Ann. §  5-702 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 7 - Preneed Burial Contracts|Section 5-702 - Scope of Subtitle

    (a)    This subtitle does not apply to:        (1)    the sale of burial space;        (2)    a preneed contract made by an individual in connection with practicing funeral direction or practicing mortuary science, as those practices are defined in and regulated by the Health Occupations Article; or        (3)    the preneed sale of burial goods or services by a private family cemetery that does not conduct public sales of burial goods or services.    (b)    This subtitle does not allow a person, directly or indirectly, through an agent or otherwise, to practice funeral direction or practice mortuary science, unless the person is licensed to practice funeral direction or practice mortuary science under the Health Occupations Article.    (c)    A preneed burial contract made under this subtitle is not an insurance contract and does not involve the business of insurance.    (d)    This subtitle does not require a cemetery to accept goods, perform services, or allow services to be performed if the goods or services are contrary to:        (1)    the law concerning burial; or        (2)    the rules of the cemetery concerning the quality and kind of goods or services that may be used in connection with burial in the cemetery.    (e)    (1)    A preneed burial contract made in accordance with § 5-704 of this subtitle may be funded by a life insurance policy or an annuity contract if:            (i)    the owner or operator of the cemetery is not the owner of or beneficiary under the life insurance policy or annuity contract;            (ii)    an assignment of benefits to the owner or operator of the cemetery may be revoked at any time by the owner of the life insurance policy or annuity contract;            (iii)    subject to item (iv) of this paragraph, the owner or operator of the cemetery agrees to accept the benefits payable under the life insurance policy or annuity contract as payment in full for the services and merchandise agreed on in the preneed burial contract; and            (iv)    any benefits payable under the life insurance policy or annuity contract in excess of the amount necessary to pay the total price, as determined at the time of death of the insured, of the services and merchandise agreed on in the preneed burial contract are paid to the beneficiary under the life insurance policy or annuity contract.        (2)    A preneed burial contract that is funded by a life insurance policy or an annuity contract shall terminate if the assignment of benefits to the owner or operator of a cemetery is revoked by the owner of the life insurance policy or annuity contract.        (3)    (i)    The offer, sale, or assignment of a life insurance policy or annuity contract to fund a preneed burial contract is not subject to this subtitle.            (ii)    A preneed burial contract funded by a life insurance policy or an annuity contract is not subject to § 5-705, § 5-706, § 5-707, § 5-708, or § 5-709 of this subtitle.
MD. Business Regulation Code Ann. §  5-703 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 7 - Preneed Burial Contracts|Section 5-703 - Applicability to Certain Contracts

    This subtitle applies only to preneed burial contracts made on or after October 1, 1984.
MD. Business Regulation Code Ann. §  5-705 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 7 - Preneed Burial Contracts|Section 5-705 - Trust Requirements

    (a)    (1)    Except as provided in subsection (b) of this section, a seller shall put in trust the second 50% of the total preneed burial contract price as the seller receives payments from the buyer.        (2)    Within 30 days after receipt of the last payment, the seller shall deposit an additional amount to make the balance in the trust account equal to 55% of the total contract price.    (b)    A seller shall put in trust an amount from the payment that is equal to 80% of the selling price of any casket or casket vault sold under the preneed burial contract.    (c)    This section does not apply to:        (1)    a preneed burial contract under which all preneed goods and preneed services, other than dates, scrolls, and other additions that represent not more than 10% of the total contract price, must be delivered or performed within 120 days after receipt of 50% of the total contract price; or        (2)    money that a seller receives for preneed goods or preneed services to be delivered or performed within 120 days after receipt of any payment on account of the sale, if the buyer’s obligation for these preneed goods or preneed services is separately itemized.
MD. Business Regulation Code Ann. §  5-706 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 7 - Preneed Burial Contracts|Section 5-706 - Establishment of Trust Accounts

    (a)    Each trust account shall be:        (1)    titled “preneed trust account”; and        (2)    established by the seller in the seller’s name.    (b)    A trustee appointed under this subtitle must be:        (1)    a national banking association, as defined in the Financial Institutions Article;        (2)    a banking institution, as defined in the Financial Institutions Article;        (3)    any other financial institution allowed by law to engage in the trust business; or        (4)    a person who provides a fidelity bond from a recognized bonding institution in an amount equal to the trust fund and inuring to the benefit of the trust account of the cemetery or burial goods business, or the preneed buyers, or both.    (c)    A seller may:        (1)    commingle money from 2 or more preneed burial contracts; and        (2)    establish more than 1 trust account.    (d)    (1)    A trust account established under this subtitle shall be a single purpose trust.        (2)    Money in the trust account is not available to a creditor as an asset of the seller.    (e)    Money in the trust account may be withdrawn only on the combined signatures of:        (1)    2 officers of a corporate seller; or        (2)    at least 2 individuals authorized to withdraw money for an unincorporated seller.
MD. Business Regulation Code Ann. §  5-708 (2021)
2021 Maryland Statutes|Business Regulation|Title 5 - Cemeteries|Subtitle 7 - Preneed Burial Contracts|Section 5-708 - Disbursement of Money

    (a)    The trustee may not disburse specific funds until preneed goods are delivered or preneed services are performed as provided in the preneed burial contract or in this subtitle.    (b)    On performance of a preneed burial contract:        (1)    the seller shall certify to the trustee:            (i)    delivery of the preneed goods or performance of the preneed services; and            (ii)    the amount of specific funds in the trust account; and        (2)    the trustee shall then pay to the seller the specific funds, accrued interest on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds.    (c)    (1)    In a seller’s records, the seller may itemize preneed goods or preneed services to which the trust requirements of this subtitle apply and the consideration paid or to be paid for each item.        (2)    If a seller itemizes in accordance with paragraph (1) of this subsection, on performance of that part of a preneed burial contract identified for itemized preneed goods or preneed services:            (i)    the seller shall certify to the trustee:                1.    delivery of the preneed goods or performance of the preneed services; and                2.    the amount of the specific funds identified in the seller’s records for those preneed goods or preneed services; and            (ii)    the trustee shall then pay to the seller those specific funds, accrued interest on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds.    (d)    (1)    If a preneed burial contract provides, for 2 or more individuals, preneed goods or preneed services to which the trust requirements of this subtitle apply, a seller may designate in the seller’s records the consideration paid for each individual.        (2)    On performance of that part of the preneed burial contract identified to a particular individual:            (i)    the seller shall certify to the trustee:                1.    delivery of the preneed goods or performance of the preneed services; and                2.    the amount of the specific funds applicable to that part of the preneed burial contract; and            (ii)    the trustee shall then pay to the seller those specific funds, accrued interest on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds.