Regular Session 2017-2018 House Bill 1019 P.N. 2164

PRIOR PRINTER'S NO. 1182

PRINTER'S NO. 2164

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,

McNEILL, MILLARD, B. MILLER, MOUL, NEILSON, O'BRIEN, O'NEILL,

PICKETT, QUIGLEY, ROZZI, STAATS, TALLMAN, WARD, WATSON,

ZIMMERMAN, RADER, WARNER, EMRICK, MACKENZIE, TOOHIL, MAHER,

WHEELAND, READSHAW, MASSER, DeLUCA, REESE AND SAYLOR,

MARCH 30, 2017

AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 28, 2017

AN ACT

Amending Titles 9 (Burial Grounds) and 68 (Real and Personal

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

DEFINITIONS to read:

§ 101. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

chapters or other provisions of this title, the following words

and phrases when used in this title shall have, unless the

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context clearly indicates otherwise, the meanings given to them

in this section:

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

guaranteed THE RIGHT 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.

* * *

"PRIVATE CEMETERY." A PLACE FOR THE DISPOSAL OR BURIAL OF

DECEASED HUMAN BEINGS, BY CREMATION OR IN A GRAVE, MAUSOLEUM,

VAULT, COLUMBARIUM OR OTHER RECEPTACLE, BUT THE OWNERSHIP OR

RIGHT TO USE ANY BURIAL PLOT IS NOT OFFERED TO THE PUBLIC.

"PRIVATE FAMILY CEMETERY." A PLACE FOR THE DISPOSAL OR

BURIAL OF DECEASED HUMAN BEINGS, BY CREMATION OR IN A GRAVE,

MAUSOLEUM, VAULT, COLUMBARIUM OR OTHER RECEPTACLE, BUT THE

OWNERSHIP OR RIGHT TO USE ANY BURIAL PLOT IS RESTRICTED TO A

GROUP OF PERSONS RELATED TO EACH OTHER BY BLOOD OR MARRIAGE.

"PROOF OF PURCHASE." A GRAVE DEED, CONTRACT OR OTHER

DOCUMENT OR RECEIPT WHICH REASONABLY DEMONSTRATES OWNERSHIP OR

THE RIGHT TO USE A BURIAL PLOT.

* * *

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

CHAPTER 5

TRANSFER OF OWNERSHIP

OF CEMETERIES

Sec.

501. Notification.

502. Responsibilities.

§ 501. Notification.

Prior to purchasing real property, a potential purchaser

shall be notified of a cemetery , PRIVATE CEMETERY or private

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family cemetery on 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 CEMETERY, PRIVATE CEMETERY OR 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 , PRIVATE CEMETERY or private family cemetery on

the real property.

§ 502. Responsibilities.

When there is a transfer of ownership of real property where

burial plots are located, the new owner shall:

(1) Honor all purchases of burial plots on the real

property made before the transfer of ownership.

(2) Allow for the interment of any individual for whom

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

action against the new owner.

(3) Establish reasonable access procedures in accordance

with Chapter 7 (relating to reasonable access to burial

grounds).

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CHAPTER 7

REASONABLE ACCESS TO

BURIAL GROUNDS

Sec.

701. DEFINITIONS.

701 702 . Declaration of policy.

702 703 . Reasonable access for visitation.

§ 701. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"BURIAL PLOT." THE LOCATION OF A DECEASED HUMAN BEING

LOCATED IN A GRAVE, MAUSOLEUM, VAULT, COLUMBARIUM OR OTHER

RECEPTACLE.

§ 701 702 . 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 CEMETERY OR private family cemetery.

(2) The Commonwealth has a significant interest in

protecting that right.

§ 702 703 . Reasonable access for visitation.

(a) Cemetery companies.--A cemetery company shall grant an

individual reasonable ingress and egress to a burial plot in a

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

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cemetery for the purpose of visiting the burial plot.

owner of property where a PRIVATE CEMETERY OR private family

cemetery is located shall grant an individual reasonable ingress

and egress to a burial plot in the PRIVATE CEMETERY OR THE

private family cemetery for the purpose of visiting the burial

plot.

(d) Residential buildings.--For cemeteries , PRIVATE

CEMETERIES or private family cemeteries where a residential

building is located on the real property, the owner of the real

property may determine that reasonable access includes

prearranged times for visitation and the methods of ingress and

egress to the burial plot.

(e) Reasonableness ACCESS STANDARDS .--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 CEMETERY, private

family cemetery or burial plot is located for relief.

(h) Penalty.--A person who violates this section commits a

misdemeanor of the third degree.

Section 3. Section 7304(b) of Title 68 is amended by adding

a paragraph to read:

§ 7304. Disclosure form.

* * *

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(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:

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

family burial site PLOT, CEMETERY, PRIVATE CEMETERY, PRIVATE

FAMILY CEMETERY or other grave marker on the property, the

responsibilities related to access and additional interments

as provided under 9 Pa.C.S. Chs. 5 (relating to transfer of

ownership of cemeteries) and 7 (relating to reasonable access

to burial grounds).

* * *

Section 4. This act shall apply to cemeteries, PRIVATE

CEMETERIES and private family cemeteries regardless of the date

of burial or acquisition of title to the cemetery, PRIVATE

CEMETERY or private family cemetery.

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

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