PRIOR PRINTER'S NO. 3677
PRINTER'S NO. 4136
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, ZIMMERMAN,
ROEBUCK, STAATS, WATSON, LAWRENCE AND MOUL, JUNE 29, 2016
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 26, 2016
AN ACT
Amending Title TITLES 9 (Burial Grounds) AND 68 (REAL AND
PERSONAL PROPERTY) of the Pennsylvania Consolidated Statutes,
in general provisions, further providing for definitions and
providing for declaration of policy and for reasonable access
for visitation; PROVIDING FOR TRANSFER OF OWNERSHIP OF
CEMETERIES AND FOR REASONABLE ACCESS TO BURIAL GROUNDS; AND,
IN SELLER DISCLOSURES, FURTHER PROVIDING FOR DISCLOSURE FORM.
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
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in this section:
"BURIAL PLOT." A SMALL AREA OF LAND WHERE A PERSON'S BODY
WILL BE BURIED WHEN THE PERSON DIES. THE PLOT DOES NOT GRANT
OWNERSHIP OF THE LAND BUT DOES GUARANTEE THE RIGHT TO BE BURIED
AT THE LOCATION.
* * *
"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
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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.
SECTION 2. TITLE 9 IS AMENDED BY ADDING CHAPTERS TO READ:
CHAPTER 5
TRANSFER OF OWNERSHIP OF CEMETERIES
SEC.
501. NOTIFICATION.
502. RESPONSIBILITIES.
§ 501. NOTIFICATION.
PRIOR TO PURCHASING ANY PROPERTY, A POTENTIAL PURCHASER SHALL
BE NOTIFIED OF ANY CEMETERIES OR GRAVES ON THE PROPERTY IN
ACCORDANCE WITH THE FOLLOWING:
(1) NOTIFICATION FOR RESIDENTIAL REAL ESTATE IS TO BE IN
ACCORDANCE WITH 68 PA.C.S. § 7304(B)(18) (RELATING TO
DISCLOSURE FORM) FOR ANY GRAVE SITES ON THE PROPERTY.
(2) IF THE PROPERTY IS SUBJECT TO A COMMERCIAL REAL
ESTATE TRANSACTION, THE SELLER SHALL INFORM THE PURCHASER OF
ANY CEMETERIES OR BURIAL GROUNDS ON THE PROPERTY.
§ 502. RESPONSIBILITIES.
ANY TIME THERE IS THE TRANSFER OF OWNERSHIP OF A PROPERTY
WHERE GRAVE SITES ARE LOCATED, THE NEW OWNER SHALL:
(1) HONOR ALL PURCHASES OF ANY BURIAL PLOTS ON THE
PROPERTY MADE BEFORE THE SALE.
(2) ALLOW FOR THE INTERMENT OF ANY INDIVIDUAL THAT CAN
PRODUCE PROOF OF THE PURCHASE OF A BURIAL PLOT PRIOR TO THE
TRANSFER OF OWNERSHIP IN ACCORDANCE WITH THE FOLLOWING:
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(I) THE NEW OWNER MAY DISCONTINUE THE SALE OF BURIAL
PLOTS.
(II) FAILURE TO COMPLY WITH THE PROVISIONS OF THIS
CHAPTER SHALL BE A VIOLATION OF THE ACT OF DECEMBER 17,
1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR TRADE
PRACTICES AND CONSUMER PROTECTION LAW, AND THE ATTORNEY
GENERAL'S OFFICE MAY BRING ENFORCEMENT ACTIONS AGAINST
THE NEW PROPERTY OWNER.
(3) ESTABLISH REASONABLE ACCESS PROCEDURES IN ACCORDANCE
WITH CHAPTER 7 (RELATING TO REASONABLE ACCESS TO BURIAL
GROUNDS).
CHAPTER 7
REASONABLE ACCESS TO BURIAL GROUNDS
SEC.
701. DECLARATION OF POLICY.
702. REASONABLE ACCESS FOR VISITATION.
§ 701. DECLARATION OF POLICY.
THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(1) AN INDIVIDUAL HAS A RIGHT TO REASONABLE ACCESS FOR
VISITATION TO A BURIAL PLOT IN A CEMETERY. THIS RIGHT APPLIES
TO:
(I) A CEMETERY OWNED BY A CEMETERY COMPANY.
(II) A CEMETERY OWNED BY A PERSON OTHER THAN A
CEMETERY COMPANY.
(III) A PRIVATE FAMILY CEMETERY.
(2) THE COMMONWEALTH AND EACH MUNICIPALITY HAVE A
SIGNIFICANT INTEREST IN PROTECTING RIGHTS UNDER PARAGRAPH
(1).
§ 702. REASONABLE ACCESS FOR VISITATION.
(A) CEMETERY COMPANIES.--A CEMETERY COMPANY SHALL GRANT AN
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INDIVIDUAL REASONABLE ACCESS FOR VISITATION TO A BURIAL PLOT IN
THE CEMETERY.
(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 A BURIAL PLOT IN
THE CEMETERY.
(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 A BURIAL PLOT IN
THE PRIVATE FAMILY CEMETERY.
(D) RESIDENTIAL BUILDINGS.--FOR CEMETERIES WHERE THERE IS A
RESIDENTIAL BUILDING ON THE PROPERTY, THE PROPERTY OWNER MAY
DETERMINE THAT REASONABLE ACCESS CAN INCLUDE PREARRANGED TIMES
FOR VISITATION AND THE METHODS OF ACCESS TO THE BURIAL PLOT.
(E) PETITION.--AN INDIVIDUAL WHO FEELS THAT THE ABILITY TO
HAVE REASONABLE ACCESS IS UNREASONABLY RESTRICTED MAY PETITION
THE COURT OF COMMON PLEAS HAVING JURISDICTION WHERE THE CEMETERY
IS LOCATED FOR RELIEF.
(F) PENALTY.--A PERSON WHO VIOLATES THIS SECTION COMMITS A
MISDEMEANOR OF THE THIRD DEGREE.
SECTION 3. SECTION 7304(B) OF TITLE 68 IS AMENDED BY ADDING
A PARAGRAPH TO READ:
§ 7304. DISCLOSURE FORM.
* * *
(B) CONTENTS OF PROPERTY DISCLOSURE STATEMENT.--THE FORM OF
PROPERTY DISCLOSURE STATEMENT PROMULGATED BY THE STATE REAL
ESTATE COMMISSION SHALL CALL FOR DISCLOSURES WITH RESPECT TO ALL
OF THE FOLLOWING SUBJECTS:
* * *
(18) CONDITION, IF KNOWN, AND LOCATION OF ANY BURIAL
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SITES, FAMILY BURIAL SITES OR ANY OTHER GRAVE MARKERS ON THE
PROPERTY, THE RESPONSIBILITIES RELATED TO ACCESS AND
ADDITIONAL INTERMENTS AS UNDER 9 PA.C.S. CHS. 5 (RELATING TO
TRANSFER OF OWNERSHIP OF CEMETERIES) AND 7 (RELATING TO
REASONABLE ACCESS TO BURIAL GROUNDS).
* * *
Section 3 4. 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 5. This act shall take effect in 60 days.
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