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PARRIS N. GLENDENING, Governor
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Ch. 26
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(II) 15 DAYS AFTER THE DATE OF PUBLICATION.
(7) THIS SUBSECTION MAY NOT BE CONSTRUED TO DELAY, PROHIBIT,
OR OTHERWISE LIMIT THE STATE'S ATTORNEYS AUTHORIZATION FOR THE REMOVAL
OF HUMAN REMAINS FROM A BURIAL SITE.
(8) FOR A KNOWN, BUT NOT NECESSARILY DOCUMENTED, UNMARKED
BURIAL SITE, THE PERSON REQUESTING AUTHORIZATION FOR THE REMOVAL OF
HUMAN REMAINS FROM THE BURIAL SITE HAS THE BURDEN OF PROVING BY
ARCHAEOLOGICAL EXCAVATION OR ANOTHER ACCEPTABLE METHOD THE PRECISE
LOCATION AND BOUNDARIES OF THE BURIAL SITE.
(D) SAME — REINTERMENT.
(1) ANY HUMAN REMAINS THAT ARE REMOVED FROM A BURIAL SITE
UNDER THIS SECTION SHALL BE REINTERRED IN:
(I) 1. A PERMANENT CEMETERY THAT PROVIDES PERPETUAL
CARE; OR
2. A PLACE OTHER THAN A PERMANENT CEMETERY WITH
THE AGREEMENT OF A PERSON IN INTEREST AS DEFINED UNDER § 14-121(A)(4) OF
THE REAL PROPERTY ARTICLE; AND
(II) IN THE PRESENCE OF:
1. A MORTICIAN, PROFESSIONAL CEMETERIAN, OR OTHER
INDIVIDUAL QUALIFIED IN THE INTERMENT OF HUMAN REMAINS;
2. A MINISTER, PRIEST, OR OTHER RELIGIOUS LEADER; OR
3. A TRAINED ANTHROPOLOGIST OR ARCHAEOLOGIST.
(2) THE LOCATION OF THE FINAL DISPOSITION AND TREATMENT OF
HUMAN REMAINS THAT ARE REMOVED FROM A BURIAL SITE UNDER THIS SECTION
SHALL BE ENTERED INTO THE LOCAL BURIAL SITES INVENTORY OR, IF NO LOCAL
BURIAL SITES INVENTORY EXISTS, INTO A RECORD OR INVENTORY DEEMED
APPROPRIATE BY THE STATE'S ATTORNEY OR THE MARYLAND HISTORICAL TRUST.
(E) CONSTRUCTION OF SECTION.
THIS SECTION MAY NOT BE CONSTRUED TO:
(1) PREEMPT THE NEED FOR A PERMIT REQUIRED BY THE DEPARTMENT
OF HEALTH AND MENTAL HYGIENE UNDER § 4-215 OF THE HEALTH - GENERAL
ARTICLE TO REMOVE HUMAN REMAINS FROM A BURIAL SITE; OR
(2) INTERFERE WITH THE NORMAL OPERATION AND MAINTENANCE OF
A CEMETERY, AS LONG AS THE OPERATION AND MAINTENANCE OF THE CEMETERY
ARE PERFORMED IN ACCORDANCE WITH STATE LAW.
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(F) PENALTY.
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- 727 -
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