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WES MOORE, Governor Ch. 495
Chapter 495
(Senate Bill 46)
AN ACT concerning
State Veterans’ Cemeteries – Interment
FOR the purpose of defining the term “interment location” for the purposes of provisions of
law governing the interment of individuals in State veterans’ cemeteries; requiring
the Department of Veterans and Military Families to provide an outer burial
receptacle, rather than a grave liner, or a columbarium niche and marker at no cost
with each interment location at a State veterans’ cemetery; and generally relating to
interment in State veterans’ cemeteries.
BY repealing and reenacting, without amendments,
Article – Business Regulation
Section 5–101(a)
Annotated Code of Maryland
(2024 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – Business Regulation
Section 5–101(p) and 5–803
Annotated Code of Maryland
(2024 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – Health Occupations
Section 7–406
Annotated Code of Maryland
(2021 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – State Government
Section 9–901, 9–905.1, 9–906(a) and (e) through (i), and 9–907
Annotated Code of Maryland
(2021 Replacement Volume and 2025 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Business Regulation
5–101.
(a) In this title the following words have the meanings indicated.
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Ch. 495 2026 LAWS OF MARYLAND
(p) “Interment” means all final disposition of human remains or pet remains,
including:
(1) earth burial;
(2) mausoleum entombment; and
(3) niche or columbarium [interment] INURNMENT.
5–803.
(a) (1) In this section the following words have the meanings indicated.
(2) “Eligible dependent” means a veteran’s spouse, a veteran’s unmarried
child under the age of 21 years, or a veteran’s unmarried adult child who before the age of
21 became permanently incapable of self–support because of physical or mental disability.
(3) (i) “Identifying information” means data required by a veterans
service organization to verify the eligibility of a veteran or an eligible dependent for burial
in a national or state veterans cemetery.
(ii) “Identifying information” includes name, service number, Social
Security number, date of birth, date of death, place of birth, and copy of the death
certificate.
(4) “Veterans service organization” means an association or other entity
organized for the benefit of veterans that has been recognized by the U.S. Department of
Veterans Affairs or chartered by Congress and any employee or representative of the
association or entity.
(b) (1) If a licensed funeral establishment or a crematory is in possession of
cremated human remains or hydrolyzed remains that have been unclaimed for 90 days or
more, the licensed funeral establishment or holder of the permit for the business of
operating a crematory shall provide identifying information of the unclaimed cremains or
hydrolyzed remains to a veterans service organization in order for the veterans service
organization to determine if the unclaimed cremains or hydrolyzed remains are those of a
veteran or an eligible dependent.
(2) (i) Subparagraph (ii) of this paragraph does not apply if:
1. an authorizing agent directs otherwise; or
2. a reduction facility reasonably concludes based on the
identifying information or other evidence that a decedent does not qualify for disposition
benefits associated with veterans status.
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WES MOORE, Governor Ch. 495
(ii) A reduction facility in possession of human remains that are
being processed by natural organic reduction shall provide identifying information to a
veterans service organization within 5 business days after natural organic reduction is
initiated to determine if the soil remains are those of a veteran or an eligible dependent.
(c) Within 45 days after receipt of the information required by subsection (b) of
this section, the veterans service organization shall notify the licensed funeral
establishment, permit holder, or reduction facility:
(1) whether the cremains, hydrolyzed remains, or soil remains are those of
a veteran or an eligible dependent; and
(2) if so, whether the veteran or eligible dependent is eligible for [burial]
INTERMENT in a veterans cemetery.
(d) If the unclaimed cremains or hydrolyzed remains are those of a veteran or an
eligible dependent, the licensed funeral establishment or permit holder may transfer the
cremains to a veterans service organization for the purpose of disposition of the cremains
or hydrolyzed remains.
(e) If the unclaimed soil remains are those of a veteran or an eligible dependent,
the reduction facility may:
(1) transfer a portion of the soil remains not exceeding 300 cubic inches in
volume to a veterans service organization that grants permission for the purpose of
disposition; and
(2) if authorized by the cemetery or owner, transfer the balance of soil
remains to a cemetery or the owner of a woodland protected under the Forest Conservation
Act.
(f) If a veterans service organization does not take possession of unclaimed
cremains or hydrolyzed remains that qualify for [a plot] AN INTERMENT LOCATION in a
State veterans cemetery under § 9–906 of the State Government Article, within 10 days
after the licensed funeral establishment or permit holder receives the notification required
under subsection (c) of this section, the licensed funeral establishment or permit holder
shall:
(1) notify the Department of Veterans and Military Families of the status
of the cremains or hydrolyzed remains for the purpose of the appropriate disposition of the
cremains or hydrolyzed remains; and
(2) transfer the cremains or hydrolyzed remains to the Department of
Veterans and Military Families for the purpose of the appropriate disposition of the
cremains or hydrolyzed remains.
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Ch. 495 2026 LAWS OF MARYLAND
(g) If a veterans service organization does not take possession of a portion of
unclaimed soil remains under subsection (e)(1) of this section that qualifies for [a plot] AN
INTERMENT LOCATION in a State veterans cemetery under § 9–906 of the State
Government Article, within 10 days after the reduction facility receives the notification,
the reduction facility shall:
(1) notify the Department of Veterans and Military Families of the status
of the soil remains for the purpose of the appropriate disposition of the soil remains;
(2) transfer the soil remains to the Department of Veterans and Military
Families for the purpose of the appropriate disposition of the soil remains; and
(3) if authorized by the cemetery or owner, transfer the balance of the soil
remains to a cemetery or the owner of a woodland protected under the Forest Conservation
Act.
Article – Health Occupations
7–406.
(a) A licensee shall maintain a complete file for each cremation and each alkaline
hydrolysis or natural organic reduction that is initiated that includes the signature of the
next of kin, person identifying the body, or person responsible for disposition, time of death,
and the date and time of cremation or the time that the alkaline hydrolysis or natural
organic reduction was initiated.
(b) (1) (i) In this subsection the following words have the meanings
indicated.
(ii) “Eligible dependent” means a veteran’s spouse, a veteran’s
unmarried child under the age of 21 years, or a veteran’s unmarried adult child who before
the age of 21 became permanently incapable of self–support because of physical or mental
disability.
(iii) 1. “Identifying information” means data required by a
veterans service organization to verify the eligibility of a veteran or an eligible dependent
for burial in a national or state veterans cemetery.
2. “Identifying information” includes name, service number,
Social Security number, date of birth, date of death, place of birth, and copy of the death
certificate.
(iv) “INTERMENT” HAS THE MEANING STATED IN § 9–901 OF THE
STATE GOVERNMENT ARTICLE.
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WES MOORE, Governor Ch. 495
(V) “Veteran” has the meaning stated in § 9–901 of the State
Government Article.
[(v)] (VI) “Veterans service organization” means an association or
other entity organized for the benefit of veterans that has been recognized by the U.S.
Department of Veterans Affairs or chartered by Congress and any employee or
representative of the association or entity.
(2) (i) If a licensed funeral establishment or a crematory is in
possession of cremated human remains or hydrolyzed remains that have been unclaimed
for 90 days or more, the licensed funeral establishment or holder of the permit for the
business of operating a crematory shall provide identifying information of the unclaimed
cremains or hydrolyzed remains to a veterans service organization in order for the veterans
service organization to determine if the unclaimed cremains or hydrolyzed remains are
those of a veteran or an eligible dependent.
(ii) 1. Subsubparagraph 2 of this subparagraph does not apply
if:
A. An authorizing agent directs otherwise; or
B. A reduction facility reasonably concludes based on the
identifying information or other evidence that a decedent does not qualify for disposition
benefits associated with veteran status.
2. A reduction facility in possession of human remains that
are being processed by natural organic reduction shall provide identifying information to a
veterans service organization within 5 business days after natural organic reduction is
initiated to determine if the soil remains are those of a veteran or an eligible dependent.
(3) Within 45 days after receipt of the information required under
paragraph (2) of this subsection, the veterans service organization shall notify the licensed
funeral establishment, permit holder, or reduction facility:
(i) Whether the cremains, hydrolyzed remains, or soil remains are
those of a veteran or an eligible dependent; and
(ii) If so, whether the veteran or eligible dependent is eligible for
[burial] INTERMENT in a veterans cemetery.
(4) If the unclaimed cremains or hydrolyzed remains are those of a veteran
or an eligible dependent, the licensed funeral establishment or permit holder may transfer
the cremains or hydrolyzed remains to a veterans service organization for the purpose of
the appropriate disposition of the cremains or hydrolyzed remains.
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Ch. 495 2026 LAWS OF MARYLAND
(5) If the unclaimed soil remains are those of a veteran or eligible
dependent, the reduction facility may:
(i) Transfer a portion of the soil remains not exceeding 300 cubic
inches in volume to a veterans service organization that grants permission for the purpose
of disposition; and
(ii) If authorized, transfer the balance of the soil remains to a
cemetery or the owner of a woodland protected under the Forest Conservation Act.
(6) If a veterans service organization does not take possession of unclaimed
cremains or hydrolyzed remains that qualify for [a plot] AN INTERMENT LOCATION in a
State veterans’ cemetery under § 9–906 of the State Government Article within 10 days
after the licensed funeral establishment or permit holder receives the notification required
under paragraph (3) of this subsection, the licensed funeral establishment or permit holder
shall:
(i) Notify the Department of Veterans and Military Families of the
status of the cremains or hydrolyzed remains for the purpose of the appropriate disposition
of the cremains or hydrolyzed remains; and
(ii) Transfer the cremains or hydrolyzed remains to the Department
of Veterans and Military Families for the purpose of the appropriate disposition of the
cremains or hydrolyzed remains.
(7) If a veterans service organization does not take possession of a portion
of unclaimed soil remains under paragraph (5)(i) of this subsection that qualifies for [a plot]
AN INTERMENT LOCATION in a State veterans’ cemetery under § 9–906 of the State
Government Article within 10 days after the reduction facility receives the notification
required under paragraph (3) of this subsection, the reduction facility shall:
(i) Notify the Department of Veterans and Military Families of the
status of the soil remains for the purpose of the appropriate disposition of the portion of soil
remains;
(ii) Transfer the portion of soil remains to the Department of
Veterans and Military Families for the purpose of the appropriate disposition of the portion
of the soil remains; and
(iii) If authorized by the cemetery or owner, transfer the balance of
the soil remains to a cemetery or the owner of a woodland protected under the Forest
Conservation Act.
Article – State Government
9–901.
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WES MOORE, Governor Ch. 495
(a) In this subtitle the following words have the meanings indicated.
(b) “Active duty” has the meaning stated in 37 U.S.C. § 101.
(c) “Active service member” means an individual who is:
(1) an active duty member of the uniformed services; or
(2) serving in a reserve component of the uniformed services on active duty
orders.
(d) “Armed forces” has the meaning stated in 10 U.S.C. § 101.
(e) “Board” means the Board of Trustees of the Maryland Veterans Trust.
(f) “Department” means the Department of Veterans and Military Families.
(G) “INTERMENT” MEANS ALL FINAL DISPOSITION OF HUMAN REMAINS,
INCLUDING:
(1) EARTH BURIAL; AND
(2) NICHE OR COLUMBARIUM INURNMENT.
(H) “INTERMENT LOCATION” MEANS A GRAVE PLOT OR NICHE IN A
COLUMBARIUM.
[(g)] (I) “Military family” includes the spouse and dependent children of a
service member or veteran related by blood, marriage, or adoption.
[(h)] (J) “Reserve component” has the meaning stated in 37 U.S.C. § 101.
[(i)] (K) “Secretary” means the Secretary of Veterans and Military Families.
[(j)] (L) “Service member” means an individual who is a member of:
(1) the uniformed services; or
(2) a reserve component of the uniformed services.
[(k)] (M) “Trust” means the Maryland Veterans Trust.
[(l)] (N) “Uniformed services” has the meaning stated in 37 U.S.C. § 101.
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Ch. 495 2026 LAWS OF MARYLAND
[(m)] (O) Except as otherwise provided in this subtitle, “veteran” has the
meaning stated in 38 U.S.C. § 101.
9–905.1.
(a) (1) In this section the following words have the meanings indicated.
(2) “Advertisement” means:
(i) a written or printed communication made for the purpose of
soliciting business for veterans benefits appeals services;
(ii) a directory listing for a person that is offering veterans benefits
appeals services; or
(iii) a radio, television, computer network or airwave, or electronic
transmission that solicits business for or promotes a person offering veterans benefits
appeals services.
(3) “Veterans benefits appeals services” means any services that a veteran
might reasonably require in order to appeal a denial of federal, state, or local veterans
benefits, including denials of disability, limited income, home loan, insurance, education
and training, health care, [burial] INTERMENT and memorial, and dependent and survivor
benefits.
(4) “Veterans benefits services” means any services a veteran or a family
member of a veteran might reasonably use in order to obtain federal, state, or local veterans
benefits.
(b) (1) Before entering into an agreement with an individual for the provision
of veterans benefits services or veterans benefits appeals services, a person who charges a
fee for those services shall:
(i) provide a written disclosure statement to each individual; and
(ii) obtain the individual’s signature on the written disclosure
statement acknowledging that the individual understands the disclosure statement.
(2) The written disclosure statement shall:
(i) be on a form approved by the Secretary; and
(ii) state that veterans benefits services and veterans benefits
appeals services are offered at no cost by the Department and other veterans services
organizations accredited by the U.S. Department of Veterans Affairs.
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WES MOORE, Governor Ch. 495
(c) A person who charges a fee for providing veterans benefits appeals services
shall provide in any advertisement for appeals services notice that appeals services are also
offered at no cost by the Department and other veterans services organizations accredited
by the U.S. Department of Veterans Affairs.
(d) (1) A person who violates the provisions of this section is subject to a civil
penalty of not more than $1,000 for each violation.
(2) Civil penalties shall be in an amount ordered by the District Court in
an action brought by the Attorney General.
(3) Each day a violation continues is a separate violation.
(4) Any civil penalty collected shall be deposited in the Maryland Veterans
Trust Fund.
9–906.
(a) (1) In this section the following words have the meanings indicated.
(2) “American braille tactile flag” means a tactile flag designed to allow
blind people to experience the American flag, including a flag created by the Kansas Braille
Transcription Institute.
(3) In this section and in § 9–907 of this subtitle, “eligible decedent” means:
(i) a veteran;
(ii) a qualified reserve member; or
(iii) an eligible spouse or dependent.
(4) “Eligible dependent” means:
(i) a child who meets the requirements stated in 38 C.F.R. §
38.620(e);
(ii) a parent who meets the requirements stated in 38 C.F.R. §
38.620(i); or
(iii) a parent or child related by blood, marriage, or adoption of a
qualified reserve member.
(5) “Eligible spouse” means:
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Ch. 495 2026 LAWS OF MARYLAND
(i) a spouse who meets the requirements stated in 38 C.F.R. §
38.620(e); or
(ii) a spouse of a qualified reserve member.
(6) “Qualified reserve member” means a reserve component member who
does not meet the requirements for [burial] INTERMENT at a national veterans’ cemetery
but served other than dishonorably and completed the individual’s contractual obligation
of service.
(7) “State veterans’ cemetery” means a cemetery that the Department
establishes under this section.
(8) “Washington Cemetery” means the Civil War cemetery grounds
authorized by Chapter 213 of the Acts of the General Assembly of 1870.
(e) The Department shall provide [a plot] AN INTERMENT LOCATION in a State
veterans’ cemetery, without charge, to a veteran or a veteran’s eligible spouse or dependent
who meets the requirements of this section.
(f) To qualify for [a plot] AN INTERMENT LOCATION in a State veterans’
cemetery:
(1) the eligible decedent must be:
(i) a veteran who meets the requirements for [burial] INTERMENT
at a national veterans’ cemetery;
(ii) a qualified reserve member; or
(iii) an eligible spouse or dependent who meets the requirements of
this subsection; and
(2) if a qualified reserve member, the qualified reserve member must also
have been a resident of the State:
(i) when the qualified reserve member entered the reserve
component;
(ii) when the qualified reserve member died; or
(iii) for 2 years, unless, for a reason that the Department finds
compelling, the Department waives the time period.
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WES MOORE, Governor Ch. 495
(g) To obtain [a plot] AN INTERMENT LOCATION in a State veterans’ cemetery,
an applicant shall submit to the Department an application on the form that the
Department provides.
(h) (1) In [a plot] AN INTERMENT LOCATION that is allotted to a veteran or
a qualified reserve member, the Department shall [bury] INTER:
(i) the veteran or qualified reserve member; and
(ii) any member of the immediate family who is an eligible spouse or
dependent if the family member can be [buried] INTERRED in a space above or below the
veteran or qualified reserve member or in the next available [plot] INTERMENT
LOCATION.
(2) With each [plot] INTERMENT LOCATION, the Department shall
provide [a grave liner] AN OUTER BURIAL RECEPTACLE OR COLUMBARIUM NICHE AND
MARKER at no cost for the veteran or the veteran’s eligible spouse or dependent.
(i) (1) Except as provided in paragraph (2) of this subsection, the Department
may not charge a veteran or a veteran’s eligible spouse or dependent for [burial]
INTERMENT.
(2) If the individual being [buried] INTERRED is a qualified reserve
member or a qualified reserve member’s eligible spouse or dependent, the Department shall
collect at the time of [burial] INTERMENT a fee that is equal to the annual [plot]
INTERMENT LOCATION allowance established by the National Cemetery Administration.
9–907.
The Department shall keep a registry of the [graves] INTERMENT LOCATIONS of
eligible decedents who are [buried] INTERRED in the State veterans’ cemeteries.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, May 12, 2026.
– 11 –Every fact on this page links to its source, starting with the official bill record.