reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 7 - Home Builder Guaranty Fund › Section 4.5-710 - Payment of Claims

(a)    The Division may order payment of a claim against the Guaranty Fund only if:
(1)    the decision or order of the Division is final in accordance with Title 10, Subtitle 2 of the State Government Article and all rights of appeal are exhausted; or
(2)    the claimant provides the Division with a certified copy of a final judgment of a court of competent jurisdiction or a final award in arbitration, with all rights of appeal exhausted, in which the court or arbitrator:
(i)    expressly made findings of fact that support the claimant’s right to recover under § 4.5–705(a) of this subtitle; and
(ii)    has found the value of the actual loss.
(b)    (1)    Except as otherwise provided in this subsection, the Division shall pay approved claims in the order submitted.
(2)    If approved claims submitted to the Division against a registrant exceed $500,000, less the amount of unreimbursed claim payments previously made for the registrant, the Division may pay the approved claims proportionately so that each claimant receives the same percentage payment of the claims.
(3)    After the Guaranty Fund is reimbursed, the Division shall pay unsatisfied approved claims.
(c)    If there is not enough money in the Guaranty Fund to pay an approved claim wholly or partially, the Division shall pay the unpaid claim:
(1)    when enough money is deposited in the Guaranty Fund; and
(2)    in the order that each claim originally was filed with a court of competent jurisdiction or submitted to the Division.
2023 Maryland Statutes › Business Regulation › Title 4.5 - Home Builder Registration › Subtitle 7 - Home Builder Guaranty Fund › Section 4.5-712 - Suspension of Registration Pending Reimbursement of Fund

(a)    If the Division pays a claim against the Guaranty Fund based on an act or omission of a registrant, the Division may suspend the home builder registration until the registrant reimburses the Fund in full for:
(1)    the amount paid from the Guaranty Fund; and
(2)    interest on that amount at a rate determined by the Division so as not to exceed the legal rate of interest on a judgment in place at the time a claim is approved.
(b)    Reimbursement of the Guaranty Fund in full by a registrant, by itself, does not nullify or modify the effect of a disciplinary proceeding against a registrant.
(c)    If a home builder holds a license or registration in Montgomery County, the county may suspend the license as provided in this section.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 1 - Definitions; General Provisions › Section 5-102 - Exemptions From Title

(a)    The registration and permitting provisions of this title do not apply to:
(1)    a person that owns and operates a bona fide religious–nonprofit cemetery in this State;
(2)    a cemetery owned by a nonprofit organization created before 1900 by an act of the General Assembly;
(3)    a county, city, or municipal corporation that owns and operates a cemetery in the State;
(4)    a veterans’ cemetery operated by the State; or
(5)    a private family cemetery that does not conduct public sales.
(b)    This title does not apply to:
(1)    the operation of a funeral establishment, including the sale of burial goods in the ordinary course of the funeral establishment’s business;
(2)    the operation or ownership of a crematory in which a person who is licensed and regulated under Title 7 of the Health Occupations Article owns a greater percentage of the crematory than a registered cemeterian, registered seller, or holder of a permit for the operation of a cemetery or burial goods business;
(3)    the operation or ownership of a crematory or incinerator at a licensed medical facility or educational institution;
(4)    a licensed funeral director acting within the scope of the funeral director’s license; or
(5)    a mortician acting within the scope of the mortician’s license.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 2 - Office of Cemetery Oversight › Section 5-201 - Office of Cemetery Oversight; Advisory Council on Cemetery Operations

(a)    There is an Office of Cemetery Oversight in the Department.
(b)    The Office exercises its rights, powers, and duties subject to the authority of the Secretary.
(c)    (1)    The Secretary shall appoint an Advisory Council on Cemetery Operations.
(2)    The Advisory Council consists of 12 members.
(3)    Of the 12 members of the Advisory Council:
(i)    three shall be registered cemeterians representing the for–profit cemetery industry;
(ii)    one shall be a registered cemeterian representing a nonprofit cemetery;
(iii)    one shall be a registered seller from a monument company;
(iv)    one shall be a representative from a religious cemetery;
(v)    one shall be a representative from a crematory; and
(vi)    five shall be consumer members.
(4)    The Advisory Council shall be convened at least four times a year to give advice to the Secretary and the Director.
(5)    In addition to the required meetings, the Advisory Council may meet as necessary.
(d)    The term of a member is 3 years.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 2 - Office of Cemetery Oversight › Section 5-202 - Director of Office of Cemetery Oversight

(a)    (1)    The Secretary shall appoint a Director of the Office of Cemetery Oversight with the approval of the Governor.
(2)    The Director serves at the pleasure of the Secretary.
(b)    The Director shall devote full time to the duties of the Office.
(c)    The Director is entitled to:
(1)    compensation in accordance with the State budget; and
(2)    reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(d)    The Director shall:
(1)    administer and operate the Office; and
(2)    be responsible to the Secretary.
(e)    In addition to any requirements of the State Ethics Law, the Director may not:
(1)    hold any position or engage in another business that interferes or conflicts with the position of the Director;
(2)    be a registered cemeterian or a registered seller;
(3)    engage in any act for which a registration is required under this title; or
(4)    in connection with any registered cemeterian, registered seller, permit holder, funeral director, funeral establishment, or related death care entity, directly or indirectly receive or become entitled to receive any fee, perquisite, or compensation.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 2 - Office of Cemetery Oversight › Section 5-204.1 - Response to Issues and Development of Plan for Ongoing Issues

The Advisory Council shall respond to issues raised by the Director in the annual report required under § 5–204 of this subtitle and § 5–311 of this title and develop a plan to study ongoing issues during the year following the issuance of the report.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 2 - Office of Cemetery Oversight › Section 5-205 - Cemetery Oversight Fund

(a)    There is a Cemetery Oversight Fund.
(b)    (1)    (i)    By regulation, the Director shall establish reasonable fees and a fee schedule for the issuance and renewal of registrations and permits.
(ii)    The Director may not assess a crematory a per–occurrence cremation fee.
(2)    In establishing the fees, the Director shall consider the size of the business, whether the business is for–profit or designated as tax exempt under § 501(c) of the Internal Revenue Code, the volume of business conducted, and the type of services provided, including the percentage of preneed contracts written.
(c)    The fees charged shall be set so as to approximate the direct and indirect cost of maintaining the Office.
(d)    The Director shall pay all funds collected under this title to the Comptroller who shall distribute the fees to the Cemetery Oversight Fund.
(e)    (1)    The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Office.
(2)    The Fund is a continuing nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
(3)    Any unspent portions of the Fund may not revert or be transferred to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this title.
(4)    No other State money may be used to support the Fund.
(f)    (1)    The Director shall administer the Fund.
(2)    Moneys in the Fund may be expended for any lawful purpose authorized under the provisions of this title.
(g)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 3 - Registration › Section 5-302 - Registration Requirements

(a)    In order to register, an applicant shall meet the requirements of this section.
(b)    The applicant must be at least 18 years old.
(c)    The applicant must be of good character and reputation.
(d)    The applicant must be affiliated with a cemetery, crematory, or burial goods business operated by a registrant or permit holder.
(e)    The cemetery, crematory, or burial goods business with which the applicant is affiliated must be financially stable in accordance with § 5–304 of this subtitle.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 3 - Registration › Section 5-303 - Registration Procedure

(a)    An applicant shall register by:
(1)    submitting to the Director an application on the form that the Director provides; and
(2)    paying a nonrefundable application fee set by the Director.
(b)    The application shall state:
(1)    the name, date of birth, and residential address of the applicant;
(2)    the name and fixed address of the affiliated cemetery, crematory, or burial goods business;
(3)    whether the cemetery, crematory, or burial goods business with which the applicant is affiliated is owned or controlled by a sole proprietor, partnership, limited liability company, or corporation;
(4)    if the applicant is designated as the responsible party, the name and residential address of each employee who sells burial space, goods, or services to the public for the business while engaging in the operation of a cemetery, crematory, or burial goods business; and
(5)    any other reasonable information that the Director determines is necessary to carry out this title.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 3 - Registration › Section 5-304 - Financial Stability

(a)    Each applicant designated as the responsible party shall demonstrate the financial stability of the business with which the applicant is affiliated by providing the Director with a financial statement or other reports required under subsection (e) of this section with the application for registration.
(b)    If the business is a cemetery that sells burial goods and is an existing business, the financial statement shall:
(1)    be on the form that the Director requires;
(2)    contain a statement by a certified public accountant retained by the business, detailing the assets and liabilities of the cemetery for the last fiscal year; and
(3)    contain a review by the certified public accountant as to the financial stability of the cemetery.
(c)    If the business is an existing cemetery that does not sell burial goods or an existing burial goods business not affiliated with a cemetery, the applicant shall:
(1)    complete a form that the Director requires; and
(2)    satisfy criteria that the Director adopts under subsection (e) of this section.
(d)    If the business is a new business, the applicant shall:
(1)    complete a form that the Director requires; and
(2)    satisfy criteria that the Director adopts under subsection (e) of this section.
(e)    (1)    The Director shall make a determination of the financial stability of each applicant based on criteria that the Director adopts for each class of business.
(2)    The Director shall adopt separate criteria to determine the financial stability of applicants that are new businesses or existing businesses.
(3)    The Director shall require that all financial statements of a new cemetery submitted under subsection (d) of this section be prepared by a certified public accountant retained by the business.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 3 - Registration › Section 5-305 - Issuance of Registration

(a)    The Director shall issue a registration to an applicant who meets the requirements of this title.
(b)    A registration issued by the Director under this title:
(1)    may not be transferred from one individual to another; but
(2)    may be transferred for the same individual from one cemetery to another.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 3 - Registration › Section 5-306 - Authority of Registrants

(a)    While a registration is in effect, it authorizes the registrant to engage in the operation of a cemetery, crematory, or burial goods business.
(b)    This title does not limit the right of a person to practice funeral direction or mortuary science, or operate a crematory, if the person is licensed or otherwise authorized under Title 7 of the Health Occupations Article.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 3 - Registration › Section 5-307 - Registration or Permit Renewal

(a)    Unless a registration or permit is renewed as provided in this section, the registration or permit expires on the second anniversary of its effective date.
(b)    (1)    At least 90 days before a registration or permit expires, the Director shall mail or electronically transmit to the registrant or permit holder:
(i)    a renewal application form; and
(ii)    a notice that states:
1.    the date on which the current registration or permit expires; and
2.    the amount of the renewal fee.
(2)    If an electronic transmission under paragraph (1) of this subsection is returned to the Director as undeliverable, the Director shall mail to the registrant or permit holder, at the last known address of the registrant or permit holder, the materials required under paragraph (1) of this subsection within 10 business days of the date the Director received the notice that the electronic transmission was undeliverable.
(c)    Before a registration or permit expires, the registrant or permit holder periodically may renew it for an additional 2-year term, if the registrant or permit holder:
(1)    is otherwise entitled to be registered or to receive a permit;
(2)    meets the qualifications set forth for an original registration or permit;
(3)    pays the renewal fee set by the Director; and
(4)    submits to the Director a renewal application on the form that the Director provides.
(d)    The Director shall renew the registration or permit of each registrant or permit holder who meets the requirements of this section.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 3 - Registration › Section 5-308 - Changes in Application

Within 1 week after the effective date of the change, the applicant designated as the responsible party or the registered responsible party shall submit to the Director an application form that shows a change in the:
(1)    cemetery, crematory, or burial goods business with which a registrant is affiliated;
(2)    individual designated as the responsible party;
(3)    employees of the business who engage in the sale of burial space, goods, or services or cremation to the public;
(4)    officers, directors, members, or agents of the permit holder; or
(5)    name or address of the registrant or permit holder.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 3 - Registration › Section 5-312 - Hearing

(a)    (1)    Except as otherwise provided in § 10-226 of the State Government Article, before the Director takes a final action under this subtitle, the Director shall provide the person against whom the action is contemplated notice of the Director’s proposed action and the opportunity to request a hearing before the Director.
(2)    A person shall file a request for a hearing not later than 30 days after the date the notice provided under paragraph (1) of this subsection is mailed.
(b)    The Director shall provide notice and conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    The Director may administer oaths in connection with a proceeding under this section.
(d)    The hearing notice provided to the person under subsection (a)(1) of this section shall be sent by certified mail to the last known address of the person at least 10 days before the hearing.
(e)    If a hearing is not requested within the time period specified under subsection (a)(2) of this section or if the person fails to appear for the hearing after requesting a hearing, the proposed action of the Director shall be affirmed.
(f)    The person may be represented at the hearing by counsel.
(g)    (1)    The Director may issue subpoenas in connection with a proceeding under this section.
(2)    If a person fails to comply with a subpoena issued under this subsection, on petition of the Director, a circuit court may compel compliance with the subpoena.
(h)    If, after a hearing, the proposed action by the Director is upheld, the appellant shall pay the hearing costs, as specified by the Office in its regulations.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 4 - Permits and Statement Filings › Section 5-401 - Cemetery Operation

(a)    Subject to the provisions of this section, a registered cemeterian, registered crematory operator, or registered seller may engage in the operation of a cemetery, crematory, or burial goods business as a sole proprietor or through:
(1)    a corporation as an officer, director, employee, or agent of the corporation;
(2)    a limited liability company as a member, employee, or agent of the limited liability company; or
(3)    a partnership as a partner, employee, or agent of the partnership.
(b)    Subject to the provisions of this title, a corporation, limited liability company, or partnership may engage in the operation of a cemetery, crematory, or burial goods business through a registered cemeterian, registered crematory operator, or registered seller.
(c)    (1)    A registered cemeterian who engages in the operation of a cemetery through a corporation, limited liability company, or partnership under this title is subject to all of the provisions of this title that relate to engaging in the operation of a cemetery.
(2)    A registered crematory operator who engages in the operation of a crematory through a corporation, limited liability company, or partnership under this title is subject to all of the provisions of this title that relate to engaging in the operation of a crematory.
(3)    A registered seller who engages in the operation of a burial goods business through a corporation, limited liability company, or partnership under this title is subject to all of the provisions of this title that relate to providing burial goods services.
(d)    (1)    A corporation, limited liability company, or partnership that engages in the operation of a cemetery, crematory, or burial goods business under this title is not, by its compliance with this title, relieved of any responsibility that the corporation, limited liability company, or partnership may have for an act or an omission by its officer, director, member, partner, employee, or agent.
(2)    An individual who engages in the operation of a cemetery, crematory, or burial goods business through a corporation, limited liability company, or partnership is not, by reason of the individual’s employment or other relationship with the corporation, limited liability company, or partnership, relieved of any individual responsibility that the individual may have regarding that practice.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 4 - Permits and Statement Filings › Section 5-403 - Permit Qualification

To qualify for a permit, a corporation, limited liability company, or partnership shall:
(1)    designate a separate registered cemeterian, registered crematory operator, or registered seller as the responsible party for the operations of each affiliated cemetery, crematory, or burial goods business;
(2)    provide the name and business address of each affiliated cemetery, crematory, or burial goods business;
(3)    provide a list of the officers, directors, members, partners, agents, and employees of the entity applying for the permit; and
(4)    comply with §§ 5–303(b)(4) and 5–304 of this title.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 4 - Permits and Statement Filings › Section 5-404 - Form and Fee

An applicant for a permit shall submit to the Director:
(1)    an application on the form that the Director provides;
(2)    an application fee as set by the Director; and
(3)    documentation verifying the number of sales contracts subject to the sales contract fee entered into within the business’s last 2 fiscal years.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 4 - Permits and Statement Filings › Section 5-405 - Statement Required

Except for a cemetery in which no burials have taken place within the previous 5 years, a cemetery that is exempt under § 5-102 of this title from the registration and permitting requirements of this title shall file with the Office, once every 2 years, a statement that includes:
(1)    the name and address of the cemetery;
(2)    the name and address of the organization that owns and operates the cemetery; and
(3)    the name and address of the individual who is responsible for the oversight of the cemetery.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 5 - Cemetery Property › Section 5-501 - Limit on Land Held

(a)    Except as otherwise provided in this section, a person may not buy, hold, or use, for burial:
(1)    more than 100 acres in the State; or
(2)    any land within the limits of a municipal corporation in the State, unless authorized to do so by the municipal corporation.
(b)    (1)    In the Spauldings Election District of Prince George’s County, a person may buy, hold, or use, for burial, up to 125 acres in 1 tract.
(2)    In the Laurel Election District of Prince George’s County, a person that operated a cemetery on or before June 1, 1955, may buy, hold, or use, for burial, up to 200 acres in 1 tract.
(3)    In the Kent Election District of Prince George’s County, a person may buy, hold, or use, for burial, up to 150 acres in 1 tract.
(c)    In Frederick County, a person may buy, hold, or use, for burial, up to 150 acres in 1 tract.
(d)    In Baltimore County, a person may buy, hold, or use, for burial, up to 200 acres in 1 tract.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 5 - Cemetery Property › Section 5-502 - Public Thoroughfares in Cemeteries

(a)    An alley, canal, road, or other public thoroughfare may not be opened through property of a cemetery if that property is used or to be used for burial.
(b)    This section does not authorize a registered cemeterian, permit holder, or other person to obstruct:
(1)    a public road in use when the cemetery is formed; or
(2)    the site of a future public road that, when the cemetery is formed, is shown on a plat made by authority of the State, a county, or a municipal corporation.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 5 - Cemetery Property › Section 5-503 - Burial Lots and Crypts

(a)    Each burial lot and each crypt sold or conveyed in a cemetery shall be held by the owner only for the purpose of burial.
(b)    The interest of an owner of a burial lot or crypt that is held for the burial of the owner or others and not held as an investment is not:
(1)    considered property;
(2)    subject to attachment or execution for debt;
(3)    subject to the insolvency laws of the State;
(4)    to be inventoried in the estate of the owner; or
(5)    subject to inheritance taxes.
(c)    The interest of an owner of a burial lot or crypt that is held as an investment and not held for the burial of the owner or others is:
(1)    considered personal property;
(2)    subject to attachment or execution for debt;
(3)    subject to the insolvency laws of the State;
(4)    to be inventoried in the estate of the owner; and
(5)    subject to inheritance taxes.
(d)    Subject to the rules of the cemetery owner and to the terms of any contract made with the cemetery owner, the interest of an owner of a burial lot or crypt:
(1)    may be disposed of during the lifetime of the owner of the burial lot or crypt with the consent of the cemetery owner;
(2)    may be disposed of by specific reference in the will of the owner; and
(3)    otherwise passes to the heirs of the owner, as defined in § 1-101 of the Estates and Trusts Article.
(e)    (1)    The owner of a burial lot is responsible for the care of a memorial or monument placed on the burial lot.
(2)    Nothing in this section may be construed to prohibit a party responsible for a cemetery from maintaining or repairing a damaged memorial or monument.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 5 - Cemetery Property › Section 5-504 - Certificate of Ownership of Lot or Crypt

A certificate, under seal of a sole proprietor registered cemeterian, permit holder, or other cemetery owner, of ownership of a burial lot or crypt has the same effect as a conveyance of real property that is executed, acknowledged, and recorded as required by law.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 7 - Preneed Burial Contracts › Section 5-704 - Preneed Burial Contracts

(a)    A preneed burial contract shall contain:
(1)    the name of the buyer;
(2)    the name of the seller;
(3)    the name of each individual, other than the buyer, as to whom the preneed goods or preneed services are to be furnished;
(4)    a description of the preneed goods or preneed services; and
(5)    the amount of the buyer’s financial obligation.
(b)    (1)    A preneed burial contract shall be dated and executed in duplicate by the buyer and seller.
(2)    The seller shall give the buyer a duplicate original of the preneed burial contract.
(c)    (1)    A preneed burial contract may provide for delivery of identified preneed goods by providing for the seller to:
(i)    transfer physical possession of the preneed goods to the buyer or designee of the buyer;
(ii)    attach the preneed goods to a designated burial space;
(iii)    pay for and suitably store the preneed goods until needed, at a cemetery or other location of the seller, if the preneed goods are marked with the name of the buyer and the sale is supported by a verifiable record; or
(iv)    have the supplier of the preneed goods:
1.    cause title to be transferred to the buyer or designee of the buyer; and
2.    agree in writing to ship the preneed goods at the direction of the buyer or designee of the buyer.
(2)    If a preneed burial contract does not provide for the manner of delivery of preneed goods, compliance with paragraph (1)(i) or (ii) of this subsection is delivery in accordance with this subtitle.
(d)    Notwithstanding any provision in a preneed burial contract, identified preneed services are not considered to have been performed until performance actually occurs.
(e)    (1)    Except as otherwise provided in this subsection, a preneed burial contract may not provide for interest or a finance charge.
(2)    A cemetery that makes a preneed burial contract may impose interest or a finance charge on preneed goods delivered before death or preneed services performed before death.
(3)    If a cemetery imposes interest or a finance charge as permitted in paragraph (2) of this subsection, the interest or finance charge shall be at a fixed rate or sum not greater than allowed by the provisions of Title 12 of the Commercial Law Article.
(4)    A registered cemeterian or permit holder may sell a preneed burial contract to a commercial lending institution at the financing terms in the contract if the preneed burial contract signed by the original buyer of the preneed goods or preneed services contains the following language in 12-point or larger type:
“Notice to consumers: This contract of sale may be sold to a commercial lending institution. After the sale, the commercial lending institution may impose interest or a finance charge on the remaining balance due”.
(f)    A provision of a preneed burial contract that purports to waive any provision of this subtitle is void.
2023 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.
2023 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.