PRINTER'S NO. 1185
No. 1075 Session of 1987
INTRODUCED BY DEAL, LAUGHLIN, LLOYD, IRVIS, MANDERINO,
O'DONNELL, PIEVSKY, ITKIN, RYAN, HAYES, COHEN, RICHARDSON,
WAMBACH, EVANS, KUKOVICH, HAYDEN, KOSINSKI, CARN, ROEBUCK,
OLIVER, WILSON, WIGGINS, HUGHES AND LINTON, APRIL 8, 1987
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 8, 1987
AN ACT
1 Providing procedures when cemetery companies make errors in
2 burials; and providing for sanctions.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Definitions.
6 The following words and phrases when used in this act shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Cemetery." A place for the disposal or burial of deceased
10 human beings, by cremation or in a grave, mausoleum, vault,
11 columbarium or other receptacle. The term does not include a
12 private family cemetery.
13 "Cemetery company." Any business entity that sells to the
14 public the ownership of, or the right to use, any cemetery lot
15 owned by the business entity. The term also includes the person
16 or persons responsible for any cemetery company or cemetery
17 owned or controlled by a church or religious congregation or
1 fraternal organization or by any association created by a church
2 or religious organization or a fraternal organization.
3 "Lot." Includes a lot, plot or part of a cemetery.
4 Section 2. Duty to disinter and reinter.
5 In any instance in which a cemetery company is informed or
6 becomes aware that the cemetery company has buried or permitted
7 the burial of a body in the wrong lot, it shall be the duty of
8 the cemetery company to disinter the body of the person
9 wrongfully buried and reinter it in the proper lot. The cemetery
10 company shall give adequate advance notice of the time or times
11 of the disinterment and reinterment to the nearest known next of
12 kin of the deceased person or persons involved, the owners of
13 the cemetery lots involved and all funeral directors involved.
14 Section 3. Attendance at disinterment.
15 At the time or times specified for the disinterment and
16 reinterment, the cemetery company shall permit the nearest known
17 next of kin, the owner of the lot and the funeral director or
18 funeral directors to witness the disinterment or reinterment.
19 Section 4. Expenses.
20 At the time of disinterment of a body wrongfully buried as
21 described in section 2, the cemetery company shall bear all
22 costs of the disinterment and reinterment.
23 Section 5. Private cause of action.
24 A cemetery company that fails to comply with any of the
25 provisions of this act shall be subject to a private cause of
26 action by the next of kin of persons wrongfully buried or lot
27 owners involved, who shall be entitled to recover costs,
28 reasonable attorney fees and punitive damages, in addition to
29 actual damages.
30 Section 6. Effective date.
19870H1075B1185 - 2 -
1 This act shall take effect in 60 days.
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