PRINTER'S NO. 1483
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1130
Session of
2017
INTRODUCED BY SANTORA, O'BRIEN, MILLARD, CHARLTON, DRISCOLL,
READSHAW, DeLUCA AND DOWLING, APRIL 19, 2017
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 19, 2017
AN ACT
Amending the act of August 14, 1963 (P.L.1059, No.459), entitled
"An act prohibiting future need sales of cemetery merchandise
and services, funeral merchandise and services, except under
certain conditions; requiring the establishment of and
deposit into a merchandise trust fund of certain amount of
the proceeds of any such sale; providing for the
administration of such trust funds and the payment of money
therefrom; conferring powers and imposing duties on orphans'
courts, and prescribing penalties," further providing for
merchandise trust fund; and prohibiting constructive or
preneed delivery of burial vaults.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of August 14, 1963
(P.L.1059, No.459), referred to as the Cemetery and Funeral
Merchandise Trust Fund Law, is amended by adding a subsection to
read:
Section 2. * * *
(a.1) A seller shall provide price lists and detailed
descriptions of all merchandise offered by a seller to a person
who inquires about the merchandise.
(1) A seller shall provide the price lists and descriptions
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required under this subsection to a person, in writing, upon
beginning discussion of, but prior to, the showing of the
merchandise. Information that must be provided shall include:
(i) The retail price of all merchandise, including caskets,
alternative containers and outer burial containers, such as lawn
crypts, that are offered by a seller and do not require special
ordering.
(ii) Descriptive information sufficient to identify and
compare individual items.
(iii) All fees imposed by a seller including processing
fees, delivery fees, installation fees, inspection fees or road
maintenance fees or any other fee that may be charged when a
person purchases merchandise from a seller.
(iv) The effective date for the price list.
(v) The name and address of the seller.
(vi) A heading describing the type of merchandise contained
on the list.
(2) A seller may satisfy the requirements of this subsection
with a single list if all of the required information is
contained on the list.
(3) Notebooks, brochures, charts or other formats may be
used to satisfy the requirements of this subsection.
Notwithstanding the format, the information required under this
subsection must be displayed in a clear and conspicuous manner.
* * *
Section 2. The act is amended by adding a section to read:
Section 3.1. Constructive or preneed delivery of burial
vaults is prohibited. This prohibition shall not apply to lawn
crypts.
Section 3. This act shall take effect in 60 days.
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