PRIOR PRINTER'S NOS. 126, 1492 PRINTER'S NO. 1718
No. 125 Session of 1981
INTRODUCED BY DOMBROWSKI, BOWSER, KLINGAMAN, BOYES, CAPPABIANCA, MACKOWSKI AND A. C. FOSTER, JR., JANUARY 19, 1981
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 2, 1981
AN ACT 1 Amending Title 9 (Burial Grounds) of the Pennsylvania 2 Consolidated Statutes, providing for the registration of 3 certain cemetery companies with the State Real Estate 4 Commission, providing for investigation of cemetery companies 5 and further providing for the filing of accounts AND REPORTS. <-- 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Sections 304 and 308 of Title 9, act of November 9 25, 1970 (P.L.707, No.230), known as the Pennsylvania 10 Consolidated Statutes, are amended to read: 11 § 304. [Filing] Registration and filing affidavit of 12 compliance. 13 (a) Registration with State Real Estate Commission.-- 14 (1) Except as provided in paragraph (2), every cemetery 15 company shall have a current and valid registration 16 certificate issued by the State Real Estate Commission 17 pursuant to the act of February 19, 1980 (P.L.15, No.9), 18 known as the "Real Estate Licensing Act," before disposing of
1 any lot in its cemetery or before carrying on any other 2 cemetery business. The biennial fee for the registration 3 certificate shall be $25. 4 (2) The provisions of paragraph (1) shall not apply to 5 cemetery companies and cemeteries owned or controlled by a 6 bona fide church or religious congregation or fraternal 7 organization or by any association created by a bona fide 8 church or religious congregation or fraternal organization. 9 (b) Affidavit of compliance.--Every cemetery company subject 10 to the provisions of section 301 [of this title] (relating to <-- 11 initial deposits by newly-organized cemetery companies) or 12 section 302 [of this title] (relating to initial deposits by <-- 13 existing cemetery companies) shall, before disposing of any lot 14 in its cemetery, cause to be filed in the Department of State an 15 affidavit signed by a member or officer of the cemetery company 16 stating that it has complied with the applicable section of this 17 title, to which affidavit shall be attached an acceptance by a 18 qualified trustee, acknowledging its acceptance of the 19 trusteeship. The affidavit shall contain such other information 20 as the department may require. 21 § 308. Accounts of qualified trustee. 22 (a) Institutional trustee.--The qualified trustee, if an 23 institutional trustee, shall file accounts in the court of 24 common pleas of the county in which the cemetery, or any part 25 thereof, is situate, which accounts shall be filed triennially 26 and at such other times as the court may direct, and which 27 accounts shall be audited, adjudicated and confirmed by the 28 court upon such notice to the parties in interest as the court 29 may determine. 30 (b) Cemetery company as trustee.--[The court of common pleas 19810H0125B1718 - 2 -
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 and shall also 9 file accounts with the State Real Estate Commission. The 10 accounts shall be filed biennially and at such other times as 11 the court or the commission may direct. The accounts shall be 12 audited, adjudicated and confirmed biennially by the court upon 13 notice to the commission and such other parties in interest as 14 the court deems appropriate. 15 (1) ACCOUNTS IN THE COURT OF COMMON PLEAS OF THE COUNTY <-- 16 IN WHICH THE MAJORITY OF THE CEMETERY IS SITUATE AND 17 DUPLICATES OF SUCH ACCOUNTS WITH THE STATE REAL ESTATE 18 COMMISSION. THE ACCOUNTS SHALL BE FILED ON OR BEFORE JANUARY 19 31 OF EACH ODD-NUMBERED YEAR AND AT SUCH OTHER TIMES AS THE 20 COURT MAY DIRECT. THE ACCOUNTS SHALL BE AUDITED, ADJUDICATED 21 AND CONFIRMED BY THE COURT UPON NOTICE TO THE COMMISSION AND 22 SUCH OTHER PARTIES IN INTEREST AS THE COURT DEEMS 23 APPROPRIATE. 24 (2) INTERIM REPORTS WITH THE STATE REAL ESTATE 25 COMMISSION. THE INTERIM REPORT SHALL BE FILED ON OR BEFORE 26 JANUARY 31 OF EACH EVEN-NUMBERED YEAR AND SHALL BE ON A FORM 27 APPROVED BY THE COMMISSION. THE INTERIM REPORT SHALL INCLUDE 28 A LIST OF ALL CONTRIBUTIONS TO THE PERMANENT LOT CARE FUND, A 29 LIST OF ALL WITHDRAWALS MADE FROM THE FUND AND THE NUMBER OF 30 LOTS DEEDED DURING THE PREVIOUS CALENDAR YEAR. THE INTERIM 19810H0125B1718 - 3 -
1 REPORTS REQUIRED UNDER THIS PARAGRAPH SHALL BE IN ADDITION 2 TO, AND NOT IN LIEU OF, THE COMPLETE BIENNIAL ACCOUNT 3 REQUIRED UNDER PARAGRAPH (1). 4 Section 2. Title 9 is amended by adding a section to read: 5 § 313. Investigation of cemetery business. <-- 6 § 312. ENGAGING IN CEMETERY BUSINESS IN UNAUTHORIZED MANNER. <-- 7 The Pennsylvania STATE Real Estate Commission is authorized <-- 8 to MAY investigate any cemetery company engaged in a business <-- 9 relating to cemetery lots, plots or mausoleum spaces, openings 10 or foundations and to fine THE COMPANY up to $1,000 or suspend <-- 11 or revoke the registration OF THE COMPANY in accordance with the <-- 12 provisions of section 604 of the act of February 19, 1980 13 (P.L.15, No.9), known as the "Real Estate Licensing Act," if it <-- 14 is determined that the cemetery company has violated any of the 15 provisions of that act, of Ch. 3 (relating to the regulation of <-- 16 cemetery companies), or the act of August 14, 1963 (P.L.1059, 17 No.459), relating to future need sales for death and interment 18 or if, OR THIS CHAPTER. IF it is determined that a cemetery <-- 19 COMPANY is engaging in the business SPECIFIED IN THIS SECTION <-- 20 without registering or while its registration is suspended, the <-- 21 criminal penalties provided for in section 303 of the "Real 22 Estate Licensing Act" may be imposed. 23 SECTION 3. (A) THE INITIAL ACCOUNTS REQUIRED TO BE FILED <-- 24 PURSUANT TO 9 PA.C.S. § 308(1) (RELATING TO ACCOUNTS OF 25 QUALIFIED TRUSTEE) SHALL BE FILED WITHIN 24 MONTHS OF THE 26 EFFECTIVE DATE OF THIS AMENDATORY ACT AND SHALL COVER THE PERIOD 27 FROM JANUARY 1, 1981 THROUGH DECEMBER 31, 1982. THEREAFTER 28 ACCOUNTS SHALL BE FILED ON OR BEFORE JANUARY 31 OF EACH ODD- 29 NUMBERED YEAR. 30 (B) THE INITIAL INTERIM REPORT REQUIRED TO BE FILED PURSUANT 19810H0125B1718 - 4 -
1 TO 9 PA.C.S. § 308(2) SHALL BE FILED ON OR BEFORE JANUARY 31,
2 1984 AND SHALL COVER THE PERIOD FROM JANUARY 1, 1983 THROUGH
3 DECEMBER 31, 1983.
4 Section 3. 4. This act shall take effect January 31, 1982. <--
A9L9RAW/19810H0125B1718 - 5 -