§ 5-602. Scope of subtitle

   (a) Excluded cemeteries. -- This subtitle does not apply to a cemetery that:

   (1) has less than 1 acre available for burial; or

   (2) is owned and operated by:

      (i) a county;

      (ii) a municipal corporation;

      (iii) a church;

      (iv) a synagogue;

      (v) a religious organization;

      (vi) a not for profit organization created before 1900 by an act of the General Assembly;

      (vii) a family and does not conduct public sales; or

      (viii) a State veterans agency.

(b) Below-ground earth-covered chambers excluded. -- This subtitle does not apply to the sale of a below-ground earth-covered chamber.

(c) Effect on preexisting trust agreements. -- This subtitle does not amend a trust agreement covering a perpetual care fund that existed on or before July 1, 1973, except as to:

   (1) the appointment of a successor trustee or cotrustee;

   (2) deposits into the fund after July 1, 1973; and

   (3) the withdrawal from the fund of income on deposits made after July 1, 1973.

HISTORY: An. Code 1957, art. 23, § 165A; 1992, ch. 4, § 2; 1997, ch. 675, § 1; 2001, ch. 186, § 1; 2007, ch. 348, § 2; 2012, ch. 368.