3572

LAWS OF MARYLAND

Ch. 765

THIS AMOUNT OF MONEY, INCLUDING ANY INTEREST THAT HAS ACCRUED
UNDER THE TRUST FUND, TO THE PURCHASER.

(5) (I) WHEN A PRENEED BURIAL CONTRACT IS TERMINATED
BY REASON OF DEFAULT BY PURCHASER AND SELLER CERTIFIES THIS TO
TRUSTEE, THE PURCHASER IS ENTITLED TO ALL DEPOSITS AND INTEREST
THEREON, LESS THE REASONABLE EXPENSES OF THE SELLER; OR

(II) WHEN SPECIFIC FUNDS ON DEPOSIT HAVE BEEN
DORMANT FOR A PERIOD OF 50 YEARS SINCE THE DATE OF LAST DEPOSIT
OR DISBURSEMENT AND THE SELLER CERTIFIES THAT THE PURCHASER
CANNOT BE LOCATED, THE TRUSTEE SHALL DISBURSE TO THE SELLER THE
SPECIFIC FUNDS.

(J) ANY PROVISION OF ANY PRENEED BURIAL CONTRACT WHICH
PURPORTS TO WAIVE ANY PROVISION OF THIS SECTION SHALL BE VOID.

(K) (1) THIS SECTION SHALL NOT APPLY TO THE SALE OF
INTERMENT SPACE.

(2)  PRENEED CONTRACTS MADE PURSUANT TO THE PROVISIONS
OF THIS SECTION SHALL NOT BE DEEMED TO BE INSURANCE CONTRACTS OR
INVOLVE THE BUSINESS OF INSURANCE.

(3)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
APPLY TO PRENEED CONTRACTS ENTERED INTO BY THOSE PERSONS ENGAGED
IN THE PRACTICE OF THE PROFESSION OF A MORTICIAN OR FUNERAL
DIRECTOR, AS DEFINED AND REGULATED BY THE HEALTH OCCUPATIONS
ARTICLE OF THE ANNOTATED CODE OF MARYLAND.

(4)  NOTHING CONTAINED IN THIS SECTION SHALL BE
CONSTRUED TO REQUIRE ANY CEMETERY TO ACCEPT ANY GOODS OR PERFORM
OR PERMIT TO BE PERFORMED ANY SERVICES CONTRARY TO LAW PERTAINING
TO THE BURIAL OF HUMAN REMAINS OR CONTRARY TO RULES AND
REGULATIONS OF A CEMETERY PERTAINING TO THE QUALITY AND KIND OF
GOODS AND SERVICES THAT MAY BE USED IN CONNECTION WITH THE
INTERMENT OF HUMAN REMAINS IN THE CEMETERY.

(5)  NOTHING IN THIS SECTION SHALL PERMIT ANY PERSON,
DIRECTLY OR INDIRECTLY, THROUGH AN AGENT OR OTHERWISE, TO ENGAGE
IN THE PRACTICE OF THE PROFESSION OF A MORTICIAN OR FUNERAL
DIRECTOR UNLESS LICENSED THEREFOR ACCORDING TO THE APPLICABLE
LAWS OF THE STATE OF MARYLAND.

(L) ANY SELLER, WHO, AFTER HAVING RECEIVED ANY MONEYS UNDER
OR IN CONNECTION WITH A PRENEED BURIAL CONTRACT, FAILS TO DEPOSIT
SUCH MONEYS AS REQUIRED BY THIS SECTION HEREOF SHALL BE GUILTY OF
A MISDEMEANOR, AND SHALL UPON THE CONVICTION THEREOF, BE FINED
NOT MORE THAN $5,000 OR IMPRISONED FOR NOT MORE THAN 1 YEAR OR
BOTH. IF A CORPORATION VIOLATES THE PROVISIONS OF THIS SECTION,
THE OFFICER OR OFFICERS RESPONSIBLE FOR THE VIOLATION SHALL BE
IMPRISONED OR FINED AS PROVIDED HEREIN.