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Ch. 348
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2007 Laws of Maryland
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Economic Matters Committee, and the Department of Legislative Services on or before
October 1, 2008, October 1, 2009, and October 1, 2010, in accordance with § 2-1246 of
the State Government Article of the Annotated Code of Maryland, on the
implementation of the recommendations of the Department of Legislative Services
contained in the update to the sunset evaluation report dated January 2007.
SECTION 6. 5. AND BE IT FURTHER ENACTED, That the Advisory Council
on Cemetery Operations shall study the issue of abandoned and neglected cemeteries.
The Advisory Council shall assess the success of the efforts of other states in
maintaining abandoned and neglected cemeteries and develop a model for addressing
the issue of abandoned and neglected cemeteries in Maryland. The model shall: (1)
define and identify abandoned or neglected cemeteries in the State; (2) determine the
most appropriate role for State and local government in overseeing the maintenance of
abandoned and neglected cemeteries; (3) determine whether a formal inmate cemetery
cleanup work program should be established with the Department of Public Safety
and Correctional Services; (4) if a formal inmate cemetery cleanup program is
established, determine how the program will be administered; (5) determine how State
and local governments will play a role in funding a formal effort to maintain
abandoned and neglected cemeteries; (6) identify additional private and governmental
funding sources and incentive programs for the maintenance of abandoned and
neglected cemeteries; and (7) define and identify historic cemeteries to acquire private
and governmental funding. The Advisory Council shall obtain input from the
Maryland Association of Counties and the Maryland Municipal League before
completion of a model if the model includes creation of local cemetery oversight
councils. The Advisory Council shall also assess methods for identifying and working
with cemeteries in the State that are insolvent or that are facing insolvency in the
near future to ensure that regulatory oversight is maintained and shall consider
whether a formal category for inactive cemeteries would be appropriate. Based on its
study, the Advisory Council shall develop a legislative proposal for introduction no
later than the 2009 Legislative Session.
SECTION 6. AND BE IT FURTHER ENACTED, That the Director of Cemetery
Oversight, in consultation with the Advisory Council on Cemetery Operations, shall
study the issue of regulating the preconstruction sale of space in garden crypts and
mausoleum crypts in the State, including: (1) the scope of regulation needed; (2) the
need for a preconstruction trust fund or performance bond; (3) penalties for
under-funding a preconstruction trust fund; (4) provisions for temporary interment
during the preconstruction period; (5) options available to consumers in the event of
nonperformance of a preconstruction sales contract; (6) the costs of regulation; and (7)
penalties for noncompliance with regulatory requirements. Based on the study, the
Director shall develop a legislative proposal for introduction no later than the 2008
Legislative Session.
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- 2196 -
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