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SB 624

Relocation of Human Remains - Authorization Process

2025 Regular Session Introduced by Clarence Lam

SB 624 centralizes oversight of permanent relocation of human remains under the Cemetery Oversight Fund, requiring OCO approval, notices, fees, and potential delays.

Hearing 2/12 at 1:00 p.m. (Judicial Proceedings)
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Bill Summary · SB 624

Summary — SB 624 (Relocation of Human Remains — Authorization Process) — Maryland, 2025

Status: Hearing scheduled 2/12 (Judicial Proceedings). Introduced 1/25/2025.
Primary sponsor: Sen. Lam.

Purpose / Intent

SB 624 changes the authorization process for permanently relocating human remains from burial sites in Maryland. It shifts initial administrative review and approval responsibilities from county State’s Attorneys (who presently may require publication of a notice) to the Office of Cemetery Oversight (OCO), creates standardized application and notice procedures, and establishes OCO authority to collect fees and enforce requirements.

Key provisions

  • New process and statutory sections: Amends current §10‑402 (Criminal Law) and adds §10‑402.1 to require OCO involvement before a State’s Attorney may authorize permanent relocation.
  • OCO application and review:
    • A person seeking permanent relocation must obtain OCO approval via an application form developed by OCO.
    • OCO may set an application fee; fees are remitted to the Cemetery Oversight Fund.
    • OCO may approve only after required notices and waiting periods have passed (generally at least 30 days after notice).
  • Notice requirements:
    • Applicant must prominently post a notice at the burial site (form approved by OCO), publish notice in a local newspaper, and provide notice to potential descendants in a manner specified by OCO.
    • For known but undocumented unmarked burial sites, the applicant must prove precise location and boundaries using methods approved by OCO.
  • Informational meetings: If requested within 30 days of publication, OCO must require the applicant to hold an informational meeting about the application (meeting may be canceled if all requesters withdraw).
  • Streamlined process for specified individuals: Designated family members, guardians, authorized representatives, and adult direct descendants have a simplified application process (they may be exempt from posting at the burial site and providing descendant notice); OCO must delay reinterment for up to 90 days to resolve competing requests when such persons request reinterment.
  • Enforcement and funds: Fines for unauthorized removal/relocation and related fees are directed to the Cemetery Oversight Fund.
  • Regulatory update: Maryland Department of Health, in consultation with OCO, must update disinterment/reinterment regulations by January 1, 2026.

Who is affected

  • Individuals or entities seeking to remove, disinter, or permanently relocate human remains (including family members, property owners, developers).
  • Office of Cemetery Oversight (OCO) — new application review and administrative duties.
  • County State’s Attorneys — their authorization becomes contingent on prior OCO approval for permanent relocations.
  • Potential descendants and local communities (notice and meeting provisions).
  • Cemeteries, archaeologists, morticians, and other professionals involved in disinterment/reinterment.

Fiscal and operational impacts

  • Fiscal note (Maryland Dept. of Legislative Services): OCO special fund expenditures increase — approximately $58,600 in FY2026 (one‑time and staffing); higher ongoing costs in subsequent years (rising to mid five‑figures annually). Minimal special fund revenue increases possible from fees and fines. Local government expenditures not materially affected; local revenues may decline minimally where fines previously flowed to courts.
  • Regulatory timeline: MDH to update rules by Jan 1, 2026 to implement the bill.

Practical effect

The bill standardizes and centralizes oversight of permanent relocation requests with OCO to improve consistency, formalize notice/application procedures, provide a mechanism for public engagement (meetings), and ensure fees/fines support OCO oversight.

Compiled from official sources — confirm details with the bill’s official record.

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