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<section article="gsf" article_name="State Finance and Procurement" number="10-309" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="3" subtitle_name="Sale and Transfer of Property">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>“Perpetual care” means the maintenance, including the cutting of grass abutting memorials or monuments, administration, supervision, and embellishments of a cemetery and its grounds, roads, and paths.</text>
      </level>
      <level label="ii">
        <text>“Perpetual care” includes the repair and renewal of buildings, including columbaria and mausoleums, and the property of the cemetery.</text>
      </level>
    </level>
    <level label="3">
      <text>“State facility” means:</text>
      <level label="i">
        <text>a facility maintained by the Behavioral Health Administration of the Maryland Department of Health and listed in § 10–406 of the Health – General Article;</text>
      </level>
      <level label="ii">
        <text>a State residential center for individuals with an intellectual disability in the Developmental Disabilities Administration of the Maryland Department of Health; and</text>
      </level>
      <level label="iii">
        <text>a facility that formerly met the definition of “State facility” under item (i) or (ii) of this subsection, including:</text>
        <level label="1">
          <text>the former Rosewood Center; and</text>
        </level>
        <level label="2">
          <text>the former Crownsville Hospital Center.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="b">
    <text>A cemetery owned by the State and located on the grounds of a State facility may not be sold by the State if the State facility is downsized, consolidated, closed, or sold.</text>
  </level>
  <level label="c">
    <text>A cemetery owned by the State and located on the grounds of a State facility shall be provided perpetual care and marked with a monument commemorating the individuals interred in the cemetery.</text>
  </level>
  <level label="d">
    <text>Activities or projects undertaken under subsection (c) of this section shall be undertaken in consultation with the Maryland Historical Trust, in accordance with the consultation provisions:</text>
    <level label="1">
      <text>for capital projects under § 5A–325 of this article; and</text>
    </level>
    <level label="2">
      <text>for issuance of permits or licenses or provision of financial assistance under § 5A–326(d)(2) of this article.</text>
    </level>
  </level>
  <level label="e">
    <text>Any easement or right of entry to a cemetery owned by the State and located on the grounds of a State facility that has been recorded among the land records of the county where the cemetery is located on or before October 1, 2004 may not be transferred or sold.</text>
  </level>
  <level label="f">
    <text>Notwithstanding subsections (b) and (e) of this section, a cemetery or an easement or right of entry to a cemetery owned by the State and located on the grounds of a State facility may be sold by the State if the deed for the property includes a restrictive covenant requiring the owner and any future owner to maintain the cemetery as provided under subsection (c) of this section.</text>
  </level>
  <level label="g">
    <text>The provisions of § 5–502 of the Business Regulation Article apply to a cemetery owned by the State and located on the grounds of a State facility.</text>
  </level>
  <level label="h">
    <text>Beginning January 1, 2015, and on or before January 1 of each succeeding year, the Maryland Department of Health shall report, in accordance with § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Health and Government Operations Committee on the implementation of this section.</text>
  </level>
</section>
