PRINTER'S NO. 2125

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1739 Session of 1979


        INTRODUCED BY DOMBROWSKI, D. S. HAYES, BENNETT, BOWSER,
           KLINGAMAN, CAPPABIANCA, DiCARLO, DORR AND A. C. FOSTER, JR.,
           SEPTEMBER 24, 1979

        REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 24, 1979

                                     AN ACT

     1  Amending Title 9 (Burial Grounds) of the Pennsylvania
     2     Consolidated Statutes, further providing for the filing of
     3     accounts.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 308 of Title 9, act of November 25, 1970
     7  (P.L.707, No.230), known as the Pennsylvania Consolidated
     8  Statutes, is amended to read:
     9  § 308.  Accounts of qualified trustee.
    10     (a)  Institutional trustee.--The qualified trustee, if an
    11  institutional trustee, shall file accounts in the court of
    12  common pleas of the county in which the cemetery, or any part
    13  thereof, is situate, which accounts shall be filed triennially
    14  and at such other times as the court may direct, and which
    15  accounts shall be audited, adjudicated and confirmed by the
    16  court upon such notice to the parties in interest as the court
    17  may determine.
    18     (b)  Cemetery company as trustee.--[The court of common pleas

     1  of the county in which the cemetery, or any part thereof, is
     2  situated shall have jurisdiction in the discretion of said court
     3  to compel any] An incorporated cemetery company acting as a
     4  qualified trustee under section 309 of this title (relating to
     5  incorporated cemetery company as qualified trustee) [to file
     6  accounts of any funds deposited in the permanent lot care fund.]
     7  shall file accounts in the court of common pleas of the county
     8  in which the majority of the cemetery is situate, which accounts
     9  shall cover the period from May 1, 1977 to May 1, 1980 or for
    10  the period from the last filing whichever is shorter and which
    11  accounts shall be filed initially within 36 months of the
    12  effective date of this amendatory act and triennially thereafter
    13  and at such other times as the court may direct, and which
    14  accounts shall be audited, adjudicated and confirmed by the
    15  court upon such notice to the parties in interest as the court
    16  may determine.
    17     Section 2.  This act shall take effect immediately.









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