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Session Laws, 1973
Volume 709, Page 1512   View pdf image
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1512                                     LAWS OF MARYLAND                                 Ch. 719

[[(J)]] (I) DEFINITIONS. THE FOLLOWING TERMS USED IN THIS
SECTION SHALL, FOR THE PURPOSE OF THIS SECTION, HAVE THE
FOLLOWING MEANINGS.

(1)   "PERSON" INCLUDES ANY INDIVIDUAL, FIRM, PARTNERSHIP,
CORPORATION OR OTHER ENTITY OPERATING A CEMETERY AND
SELLING INTERMENT RIGHTS THEREIN.

(2)     "CEMETERY" MEANS ANY LAND OR STRUCTURE USED OR
TO BE USED FOR THE INTERMENT OF HUMAN REMAINS.

(3)      "INTERMENTS" MEANS ALL FINAL DISPOSAL OF HUMAN
REMAINS, INCLUDING BUT NOT LIMITED TO, EARTH BURIAL,
MAUSOLEUM INTERMENT, AND NICHE OR COLUMBARIUM
INTERMENT.

(4)    "PERPETUAL CARE TRUST FUND" MEANS A FUND CREATED
TO PROVIDE A SUFFICIENT INCOME TO A CEMETERY WHICH WILL
ENABLE SUCH CEMETERY TO PROVIDE CARE, MAINTENANCE,
ADMINISTRATION AND EMBELLISHMENT OF SUCH CEMETERY
ADEQUATE TO THE CIRCUMSTANCES. IT EXCLUDES, HOWEVER,
THE CARE OF MONUMENTS AND MEMORIALS.

(5)         "TRUSTEE" SHALL MEAN ANY NATIONAL BANKING
ASSOCIATION; OR ANY BANK AS DEFINED IN SECTION 1 OF
ARTICLE 37A OF THIS CODE, AS AMENDED FROM TIME TO TIME;
OR SAVINGS BANK AND ANY BUILDING, SAVINGS AND LOAN
ASSOCIATION INSURED BY AN AGENCY OF THE FEDERAL
GOVERNMENT OR, IF LOCATED IN THE STATE OF MARYLAND,
INSURED BY THE MARYLAND SAVINGS-SHARE INSURANCE
CORPORATION; OR OTHER ORGANIZATION OR INDIVIDUALS WHO
SHALL PROVIDE A FIDELITY BOND FROM ANY RECOGNIZED
BONDING INSTITUTION, SAID BOND TO BE IN AN AMOUNT EQUAL
TO THE TRUST FUND AND INURING TO THE BENEFIT OF THE
TRUST ACCOUNT OF THE CEMETERY AND/OR ITS INDIVIDUAL LOT
OWNERS.

(6)      "TRUST FUND" MEANS A PERPETUAL CARE FUND, THE
GOVERNING PROVISIONS OF WHICH AS A MINIMUM SHALL
CONFORM WITH THE PROVISIONS OF THIS SECTION, HELD BY A
TRUSTEE PURSUANT TO THE PROVISIONS OF THIS SECTION.

(7)    "DEVELOPED LAND AREA" MEANS ANY PARCEL OF LAND IN
ANY CEMETERY WHICH IS AVAILABLE FOR INTERMENT, OR ON
OR THROUGH WHICH ROADS, PATHS OR BUILDINGS HAVE BEEN
LAID OUT OR CONSTRUCTED, OR AS TO WHICH LOTS HAVE BEEN
OUTLINED ON ANY PLAT OR RECORD OR SALES BROCHURE.

[[(K)]] (J) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY
TO CEMETERIES CONTAINING LESS THAN ONE ACRE OF LAND
AVAILABLE FOR INTERMENT OR OWNED AND OPERATED BY ANY
COUNTY, CITY, OR TOWN; OR BY A CHURCH, SYNAGOGUE OR
OTHER RELIGIOUS OR CHURCH ORGANIZATION.

[[(L)]] (K) ANY PERSON ESTABLISHING, CONDUCTING OR
MAINTAINING A PUBLIC OR PRIVATE BURIAL GROUND OR
CEMETERY, OR PERMITTING THE SAME TO BE CONDUCTED OR
MAINTAINED IN VIOLATION OF ANY OF THE PROVISIONS OF THIS
SECTION SHALL BE GUILTY OF A MISDEMEANOR, AND SHALL

 

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Session Laws, 1973
Volume 709, Page 1512   View pdf image
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