PRINTER'S NO. 3677
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2228
Session of
2015
INTRODUCED BY GILLEN, HENNESSEY, BARRAR, BOBACK, R. BROWN,
CALTAGIRONE, COX, DIAMOND, DiGIROLAMO, ELLIS, ENGLISH, FEE,
FRANKEL, GABLER, HAHN, HARKINS, A. HARRIS, HICKERNELL,
PHILLIPS-HILL, JOZWIAK, KNOWLES, MAJOR, MILLARD, B. MILLER,
MURT, O'NEILL, D. PARKER, QUIGLEY, RADER, READSHAW, ROSS,
SANTORA, SONNEY, TALLMAN, WARD, YOUNGBLOOD AND ZIMMERMAN,
JUNE 29, 2016
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 29, 2016
AN ACT
Amending Title 9 (Burial Grounds) of the Pennsylvania
Consolidated Statutes, in general provisions, further
providing for definitions and providing for declaration of
policy and for reasonable access for visitation.
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 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
context clearly indicates otherwise, the meanings given to them
in this section:
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"Relative." An individual related to another individual by
consanguinity, affinity or adoption.
Section 2. Title 9 is amended by adding sections to read:
§ 102. Declaration of policy.
The General Assembly finds and declares as follows:
(1) An individual has a right to reasonable access, for
visitation, to a plot in a cemetery where a relative of the
the individual is buried. This right applies to:
(i) a cemetery owned by a cemetery company;
(ii) a cemetery owned by a person other than a
cemetery company; and
(iii) a private family cemetery.
(2) The Commonwealth and a municipality have a
significant interest in protecting rights under paragraph
(1).
§ 103. Reasonable access for visitation.
(a) Cemetery companies.--A cemetery company shall grant an
individual reasonable access, for visitation, to the plot in its
cemetery where a relative of the individual is buried.
(b) Cemeteries not owned by cemetery companies.--The owner
of a cemetery not owned by a cemetery company shall grant an
individual reasonable access, for visitation, to the plot in its
cemetery where a relative of the individual is buried.
(c) Private family cemeteries.--The owner of the property
where a private family cemetery is located shall grant an
individual reasonable access, for visitation, to the plot in the
private family cemetery where a relative of the individual is
buried.
(d) Penalty.--A person that violates this section commits a
misdemeanor of the third degree.
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Section 3. This act shall apply regardless of the date of:
(1) burial; or
(2) acquisition of title to the cemetery or private
family cemetery.
Section 4. This act shall take effect in 60 days.
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