PRIOR PRINTER'S NO. 126 PRINTER'S NO. 1492
No. 125 Session of 1981
INTRODUCED BY DOMBROWSKI, BOWSER, KLINGAMAN, BOYES, CAPPABIANCA,
MACKOWSKI AND A. C. FOSTER, JR., JANUARY 19, 1981
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 28, 1981
AN ACT
1 Amending Title 9 (Burial Grounds) of the Pennsylvania
2 Consolidated Statutes, further providing for the filing of <--
3 accounts, requiring cemeteries to be licensed, imposing
4 duties on the Pennsylvania Real Estate Commission and
5 providing penalties. PROVIDING FOR THE REGISTRATION OF <--
6 CERTAIN CEMETERY COMPANIES WITH THE STATE REAL ESTATE
7 COMMISSION, PROVIDING FOR INVESTIGATION OF CEMETERY COMPANIES
8 AND FURTHER PROVIDING FOR THE FILING OF ACCOUNTS.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section SECTIONS 304 AND 308 of Title 9, act of <--
12 November 25, 1970 (P.L.707, No.230), known as the Pennsylvania
13 Consolidated Statutes, is ARE amended to read: <--
14 § 304. [FILING] REGISTRATION AND FILING AFFIDAVIT OF <--
15 COMPLIANCE.
16 (A) REGISTRATION WITH STATE REAL ESTATE COMMISSION.--
17 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), EVERY CEMETERY
18 COMPANY SHALL HAVE A CURRENT AND VALID REGISTRATION
19 CERTIFICATE ISSUED BY THE STATE REAL ESTATE COMMISSION
20 PURSUANT TO THE ACT OF FEBRUARY 19, 1980 (P.L.15, NO.9),
1 KNOWN AS THE "REAL ESTATE LICENSING ACT," BEFORE DISPOSING OF
2 ANY LOT IN ITS CEMETERY OR BEFORE CARRYING ON ANY OTHER
3 CEMETERY BUSINESS. THE BIENNIAL FEE FOR THE REGISTRATION
4 CERTIFICATE SHALL BE $25.
5 (2) THE PROVISIONS OF PARAGRAPH (1) SHALL NOT APPLY TO
6 CEMETERY COMPANIES AND CEMETERIES OWNED OR CONTROLLED BY A
7 BONA FIDE CHURCH OR RELIGIOUS CONGREGATION OR FRATERNAL
8 ORGANIZATION OR BY ANY ASSOCIATION CREATED BY A BONA FIDE
9 CHURCH OR RELIGIOUS CONGREGATION OR FRATERNAL ORGANIZATION.
10 (B) AFFIDAVIT OF COMPLIANCE.--EVERY CEMETERY COMPANY SUBJECT
11 TO THE PROVISIONS OF SECTION 301 OF THIS TITLE (RELATING TO
12 INITIAL DEPOSITS BY NEWLY-ORGANIZED CEMETERY COMPANIES) OR
13 SECTION 302 OF THIS TITLE (RELATING TO INITIAL DEPOSITS BY
14 EXISTING CEMETERY COMPANIES) SHALL, BEFORE DISPOSING OF ANY LOT
15 IN ITS CEMETERY, CAUSE TO BE FILED IN THE DEPARTMENT OF STATE AN
16 AFFIDAVIT SIGNED BY A MEMBER OR OFFICER OF THE CEMETERY COMPANY
17 STATING THAT IT HAS COMPLIED WITH THE APPLICABLE SECTION OF THIS
18 TITLE, TO WHICH AFFIDAVIT SHALL BE ATTACHED AN ACCEPTANCE BY A
19 QUALIFIED TRUSTEE, ACKNOWLEDGING ITS ACCEPTANCE OF THE
20 TRUSTEESHIP. THE AFFIDAVIT SHALL CONTAIN SUCH OTHER INFORMATION
21 AS THE DEPARTMENT MAY REQUIRE.
22 § 308. Accounts of qualified trustee.
23 (a) Institutional trustee.--The qualified trustee, if an
24 institutional trustee, shall file accounts in the court of
25 common pleas of the county in which the cemetery, or any part
26 thereof, is situate, which accounts shall be filed triennially
27 and at such other times as the court may direct, and which
28 accounts shall be audited, adjudicated and confirmed by the
29 court upon such notice to the parties in interest as the court
30 may determine.
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1 (b) Cemetery company as trustee.--[The court of common pleas
2 of the county in which the cemetery, or any part thereof, is
3 situated shall have jurisdiction in the discretion of said court
4 to compel any] An incorporated cemetery company acting as a
5 qualified trustee under section 309 [of this title] (relating to
6 incorporated cemetery company as qualified trustee) [to file
7 accounts of any funds deposited in the permanent lot care fund.]
8 shall file accounts in the court of common pleas of the county
9 in which the majority of the cemetery is situate, which accounts <--
10 shall cover the period from January 1, 1981 to January 1, 1983
11 or for the period from the last filing whichever is shorter and
12 which accounts shall be filed initially within 24 months of the
13 effective date of this amendatory section and biennially
14 thereafter and at such other times as the court may direct, and
15 which accounts shall be audited, adjudicated and confirmed by
16 the court upon such notice to the parties in interest as the
17 court may determine. AND SHALL ALSO FILE ACCOUNTS WITH THE STATE <--
18 REAL ESTATE COMMISSION. THE ACCOUNTS SHALL BE FILED BIENNIALLY
19 AND AT SUCH OTHER TIMES AS THE COURT OR THE COMMISSION MAY
20 DIRECT. THE ACCOUNTS SHALL BE AUDITED, ADJUDICATED AND CONFIRMED
21 BIENNIALLY BY THE COURT UPON NOTICE TO THE COMMISSION AND SUCH
22 OTHER PARTIES IN INTEREST AS THE COURT DEEMS APPROPRIATE.
23 Section 2. Title 9 is amended by adding sections A SECTION <--
24 to read:
25 § 312. Cemeteries to be licensed. <--
26 (a) License required.--No person, copartnership, association
27 or corporation shall engage in or carry on a business within the
28 Commonwealth within the limited field or branch of such a
29 business which applies to cemetery lots, plots and mausoleum
30 spaces, openings or foundations without first obtaining a
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1 license pursuant to this section unless such cemetery is owned
2 or controlled by a bona fide church or religious congregation or
3 any association created by any such bona fide church or
4 religious congregation. Any person, copartnership, association
5 or corporation violating the provisions of this subsection shall
6 be subject to the penalties provided in section 310 (relating to
7 penalties).
8 (b) Application for license.--Any application for a license
9 to operate a cemetery shall be made in writing to the Department
10 of State, upon a form provided for that purpose by the
11 department and shall contain such information as the
12 Pennsylvania Real Estate Commission shall require.
13 § 313. Investigation of cemetery business.
14 The Pennsylvania Real Estate Commission is authorized to
15 investigate any licensee CEMETERY COMPANY engaged in a business <--
16 relating to cemetery lots, plots or mausoleum spaces, openings
17 or foundations and to fine up to $1,000 or suspend or revoke the
18 license REGISTRATION in accordance with the provisions of <--
19 section 604 of the act of February 19, 1980 (P.L.15, No.9),
20 known as the "Real Estate Licensing Act" if it is determined
21 that the licensee CEMETERY COMPANY has violated any of the <--
22 provisions of that act, of Ch. 3 (relating to the regulation of
23 cemetery companies), or the act of August 14, 1963 (P.L.1059,
24 No.459), relating to future need sales for death and interment
25 or if it is determined that a cemetery is engaging in the
26 business without obtaining a license REGISTERING or while the <--
27 license ITS REGISTRATION is suspended the criminal penalties <--
28 provided for in section 303 of the "Real Estate Licensing Act"
29 may be imposed.
30 Section 3. This act shall take effect January 31, 1982.
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