PRINTER'S NO. 1182

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1019

Session of

2017

INTRODUCED BY GILLEN, BARRAR, CALTAGIRONE, D. COSTA, COX,

DIAMOND, DRISCOLL, FARRY, FRANKEL, GABLER, A. HARRIS,

HICKERNELL, JOZWIAK, KNOWLES, LAWRENCE, McCARTER, McGINNIS,

Property) of the Pennsylvania Consolidated Statutes, in

general provisions relating to burial grounds, further

providing for definitions; providing for transfer of

ownership of cemeteries and for reasonable access to burial

grounds; prescribing a penalty; and, in seller disclosures,

further providing for disclosure form.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 101 of Title 9 of the Pennsylvania

Consolidated Statutes is amended by adding a definition to read:

in this section:

"Burial plot." Real property where an individual has been

guaranteed to be interred when the individual dies, but legal

title to ownership of the land has not been conveyed by the

person who owns the land.

* * *

Section 2. Title 9 is amended by adding chapters to read:

CHAPTER 5

the property in accordance with the following:

(1) If the real property is subject to a residential

real estate transaction, the seller shall inform the

purchaser of a private family cemetery on the real property,

in accordance with 68 Pa.C.S. § 7304(b)(18) (relating to

disclosure form).

(2) If the real property is subject to a commercial real

estate transaction, the seller shall inform the purchaser of

a cemetery or private family cemetery on the real property.

§ 502. Responsibilities.

proof of purchase of a burial plot prior to the transfer of

ownership can be produced, provided that:

(i) The new owner may discontinue the sale of burial

plots.

(ii) Failure by the new owner to comply with the

provisions of this chapter shall be a violation of the

act of December 17, 1968 (P.L.1224, No.387), known as the

Unfair Trade Practices and Consumer Protection Law, and

the Office of Attorney General may bring an enforcement

BURIAL GROUNDS

Sec.

701. Declaration of policy.

702. Reasonable access for visitation.

§ 701. Declaration of policy.

The General Assembly finds and declares as follows:

(1) An individual has a right to reasonable access for

visitation to a burial plot in a cemetery that is owned by a

cemetery company or person other than a cemetery company or

is a private family cemetery.

cemetery owned by a cemetery company for the purpose of visiting

the burial plot.

(b) Cemeteries not owned by cemetery companies.--The owner

of a cemetery not owned by a cemetery company shall grant an

individual reasonable ingress and egress to a burial plot in the

cemetery for the purpose of visiting the burial plot.

(c) Private family cemeteries.--The owner of property where

a private family cemetery is located shall grant an individual

reasonable ingress and egress to a burial plot in the private

(e) Reasonableness.--The cemetery company or owner may

designate the frequency, hours and duration of visitation and

the route of ingress and egress.

(f) Immunity.--The cemetery company or owner shall, in the

absence of gross negligence or willful misconduct, be immune

from liability in a civil suit, claim or cause of action arising

out of access granted under this section.

(g) Petition.--An individual denied reasonable access under

this section may petition the court of common pleas having

jurisdiction where the cemetery, private family cemetery or

§ 7304. Disclosure form.

* * *

(b) Contents of property disclosure statement.--The form of

property disclosure statement promulgated by the State Real

Estate Commission shall call for disclosures with respect to all

of the following subjects:

* * *

(18) Condition, if known, and location of a burial site,

family burial site or other grave marker on the property, the

family cemeteries regardless of the date of burial or

acquisition of title to the cemetery or private family cemetery.

Section 5. This act shall take effect in 60 days.