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MarylandSB 02332026 Regular SessionSenate

Business Regulation - Cemeteries and Abandoned Cemeteries - Sale, Transfer, or Government Acquisition and Disposition

Sponsored By: Johnny Ray Salling (Republican)

Signed by Governor

Business RegulationAbandoned PropertyCemeteriesCommerce and Business -see also- ElectrComm; ForeignTr; etc.Courts -see also- AppCt; Circuit; District; Orphans'; etc.Meetings -see also- Hearings; Open GovernmentNoticesOpen GovernmentPermits -see also- Building PermitsPlans and ProposalsReal PropertyRegistration -see also- Motor Vehicle Registration

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

New approval rules for cemetery sales

Beginning October 1, 2026, you cannot sell or transfer a cemetery for a non‑cemetery use without the Director’s approval. To ask for approval, you must file the Director’s form, list all owners, describe the site and estimated human and pet remains, list unused plots, and give any buyer info. You must create a preservation plan with the Director and try to contact descendants, plot buyers, and people who have maintained the cemetery. You must give public notice: a county newspaper notice for nine weeks, a posted notice for at least 60 days, notices to local historical and genealogical groups, and a public meeting. Notices must list the address, estimated size and remains, SDAT info, and the last known owner if available. The Director reviews comments, descendant concerns, cultural or historic value, who would pay to move remains, and any less‑disruptive offers, and approves only if the sale is in all parties’ interest. Eligible parties can challenge the decision in court. Some religious cemeteries and transportation projects have narrow exceptions set in law.

Court process to sell burial grounds

A court can order a burial ground sold if it was dedicated and used for burials, burials have stopped, and the court finds a sale desirable. If a sale is approved, sale money first pays to remove and rebury remains and to buy new burial lots. After that, the court splits any remaining money among interested parties. The sale judgment gives the buyer clear title, free of claims by owners and burial‑lot holders. People with burial rights, descendant groups, nonprofits, and governments can bring a case, and the court must make required decisions within six months.

More people can speak for burial sites

The law expands who counts as a person in interest for burial‑site cases. Family members, domestic partners, and people with a cultural affiliation can be recognized. A county State’s Attorney can also recognize others after consulting a burial‑sites board or the Maryland Historical Trust. The law also standardizes many cemetery terms so agencies and courts use the same meanings.

New path to care for abandoned cemeteries

Beginning October 1, 2026, the State, counties, and cities can acquire abandoned cemeteries and transfer them to descendant groups, veterans groups, or nonprofits that agree to care for them. After acquisition, the government must try to contact descendants and eligible groups to find a steward. Eligible groups can ask a court for a transfer, and the court must decide within six months. If no transfer happens in a reasonable time, the Director may arrange professional reinterment in an operating cemetery. Any group that takes title must maintain, preserve, and protect the cemetery.

Sponsors & Cosponsors

Sponsor

  • Johnny Ray Salling

    Republican • Senate

Cosponsors

  • Pamela Beidle

    Democratic • Senate

  • Arthur Ellis

    Democratic • Senate

  • Dawn Gile

    Democratic • Senate

  • Carl Jackson

    Democratic • Senate

  • Clarence K. Lam

    Democratic • Senate

  • Justin Ready

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 348 • No: 0

House vote • 4/13/2026

Third Reading Passed

Yes: 132 • No: 0 • Other: 8

Senate vote • 4/13/2026

Third Reading Passed

Yes: 40 • No: 0 • Other: 7

House vote • 4/9/2026

Third Reading Passed

Yes: 134 • No: 0 • Other: 2

Senate vote • 2/19/2026

Third Reading Passed

Yes: 42 • No: 0 • Other: 1

Actions Timeline

  1. Approved by the Governor - Chapter 545

    5/12/2026

  2. Passed Enrolled

    4/13/2026Senate

  3. Third Reading Passed (40-0)

    4/13/2026Senate

  4. Conference Committee Report {963125/1 Adopted

    4/13/2026Senate

  5. Third Reading Passed (132-0)

    4/13/2026House

  6. Conference Committee Report {963125/1 Adopted

    4/13/2026House

  7. Senate Conference Committee Appointed (Senators Jackson, Beidle and Ready)

    4/13/2026House

  8. Senate Refuses Concur House Amendments

    4/13/2026House

  9. Senate Conference Committee Appointed (Senators Jackson, Beidle and Ready)

    4/13/2026Senate

  10. Senate Refuses Concur House Amendments

    4/13/2026Senate

  11. House Conference Committee Appointed (Delegates Rogers, Charkoudian and Adams)

    4/13/2026Senate

  12. House Refuses Recede

    4/13/2026Senate

  13. House Conference Committee Appointed (Delegates Rogers, Charkoudian and Adams)

    4/11/2026House

  14. House Refuses Recede

    4/11/2026House

  15. Senate Requests House Recede

    4/11/2026House

  16. Senate Refuses Concur House Amendments

    4/11/2026House

  17. Senate Requests House Recede

    4/10/2026Senate

  18. Senate Refuses Concur House Amendments

    4/10/2026Senate

  19. Third Reading Passed (134-0)

    4/9/2026House

  20. Second Reading Passed with Amendments

    4/9/2026House

  21. Favorable with Amendments {133528/1 Adopted

    4/9/2026House

  22. Favorable with Amendments Report by Economic Matters

    4/9/2026House

  23. Hearing 4/01 at 1:00 p.m. (Economic Matters)

    3/24/2026House

  24. Referred Economic Matters Health

    2/20/2026House

  25. Third Reading Passed (42-0)

    2/19/2026Senate

Bill Text

  • Enacted

    5/12/2026

    PDF

  • Enrolled

    4/13/2026

    PDF

  • Third Reading

    2/17/2026

    PDF

  • First Reading

    1/15/2026

    PDF

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