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Session Laws, 1997
Volume 795, Page 3897   View pdf image
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P ARRIS N. GLENDENING, Governor

Ch. 675

6.       the amount of money spent during that year to provide care,
maintenance, administration, and embellishment of each cemetery, except for money
used for the care of monuments and memorials; and

7.       the name and address of each trustee.

(3) A [ cemetery owner] REGISTERED CEMETERIAN OR PERMIT HOLDER
who stops selling burial lots or burial rights in a cemetery as to which perpetual care is
stated or implied shall notify the [Secretary of State] DIRECTOR in the required report
for the year in which sales stop.

(c) The [Secretary of State] DIRECTOR may adopt regulations:

(1)     to administer subsection (b) of this section; and

(2)     for determining whether [cemetery owners] REGISTERED
CEMETERIANS AND PERMIT HOLDERS are complying with this subtitle.

5-606.

(a)     If the [Secretary of State] DIRECTOR finds that a [cemetery owner]
REGISTERED CEMETERIAN OR PERMIT HOLDER subject to the trust requirements of
this subtitle has violated this subtitle or a regulation adopted under this subtitle, the
[Secretary of State] 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.
5-607.

A [ cemetery owner] REGISTERED CEMETERIAN OR PERMIT HOLDER 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 [cemetery owner]
REGISTERED CEMETERIAN OR PERMIT HOLDER has provided adequately for that
perpetual care.

5-608.

(a)     A person may not establish or operate a public or private cemetery or allow a
public or private cemetery to be operated in violation of this subtitle.

(b)     A person who violates this section is guilty of a misdemeanor and, on
conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year
or both.

- 3897 -

 

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Session Laws, 1997
Volume 795, Page 3897   View pdf image
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