PRINTER'S NO. 1828
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1435
Session of
2017
INTRODUCED BY CALTAGIRONE, ROZZI, DRISCOLL AND V. BROWN,
MAY 24, 2017
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 24, 2017
AN ACT
Amending Title 9 (Burial Grounds) of the Pennsylvania
Consolidated Statutes, providing for the restoration of
cemeteries and establishing the State Board of Cemetery
Relief Directors and the Cemetery Relief Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 9 of the Pennsylvania Consolidated Statutes
is amended by adding a chapter to read:
CHAPTER 4
CEMETERY RELIEF
Sec.
401. Definitions.
402. State Board of Cemetery Relief Directors.
403. Cemetery relief.
404. Cemetery Relief Fund.
§ 401. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Application." An application for cemetery relief submitted
by a board of county commissioners under this chapter.
"Board." The State Board of Cemetery Relief Directors
established under section 402 (relating to State Board of
Cemetery Relief Directors).
"Department." The Department of State of the Commonwealth
acting through the State Real Estate Commission.
"Fund." The Cemetery Relief Fund established under section
404 (relating to Cemetery Relief Fund).
§ 402. State Board of Cemetery Relief Directors.
(a) Establishment.--The State Board of Cemetery Relief
Directors is established within the Department of State.
(b) Powers and duties.--The board shall have the power and
duty to do all of the following:
(1) Review applications.
(2) Make determinations as to the purpose and amount of
an award granted to a cemetery under this chapter.
(3) Provide advice to the State Treasurer to administer
the fund.
(c) Membership.--The board shall consist of the following
members:
(1) Three members appointed by the Governor.
(2) One member appointed by the President pro tempore of
the Senate.
(3) One member appointed by the Speaker of the House of
Representatives.
(d) Compensation.--Members of the board shall receive no
compensation for their services but shall be reimbursed for
their necessary expenses incurred while serving as board
members.
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(e) Vacancies.--A vacancy on the board shall be filled by
the appointing authority for the balance of the term.
(f) Terms of members.--Members of the board shall serve
terms of three years and until a successor is appointed and
qualified, except that the terms of the initial five
appointments shall be staggered with two members' terms expiring
two years after their initial appointments. Any member of the
board may be removed by the department for malfeasance in
office, failure to attend regularly scheduled meetings or cause
that renders the member incapable or unfit to discharge the
member's duties.
(g) Quorum.--Three members shall constitute a quorum for the
purpose of conducting the business of the board and for all
other purposes. All actions of the board shall be taken by a
majority of the members, and in no event fewer than three
members.
(h) Meetings.--Meetings of the board shall be held monthly
and shall be subject to 65 Pa.C.S. Ch. 7 (relating to open
meetings) and the act of February 14, 2008 (P.L.6, No.3), known
as the Right-to-Know Law.
§ 403. Cemetery relief.
The board of county commissioners in a county may, upon
receiving a request from a cemetery in the county, file an
application with the board for the purpose of obtaining an award
under this chapter for restoration or refurbishment of the
cemetery.
§ 404. Cemetery Relief Fund.
(a) Establishment.--The Cemetery Relief Fund is established
in the State Treasury. The money in the fund is appropriated on
a continuing basis to the board for purposes of this chapter.
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The fund shall be administered by the State Treasurer with the
advice of the board. All interest earned from the investment or
deposit of money accumulated in the fund shall be deposited in
the fund for the same use.
(b) Funds.--All money in the fund shall be held in trust and
shall not be considered general revenue of the Commonwealth but
shall be used only to effectuate the purposes of this chapter as
determined by the board.
(c) Receipts and other credits.--The following shall be paid
or credited to the fund:
(1) Amounts appropriated to the fund in the manner
provided by law.
(2) The following surcharges are imposed:
(i) A surcharge of $2 on a birth certificate issued
by the Department of Health, except that no surcharge
shall be added to a birth certificate that is issued
without a fee.
(ii) A surcharge of $2 on a death certificate issued
by a local registrar or the Department of Health, except
that no surcharge shall be added to a death certificate
that is issued without a fee.
(d) Collection of surcharges.--Surcharges collected under
subsection (c)(2) shall be remitted by the Department of Health
or the local registrar on a monthly basis to the State
Treasurer.
(e) Expenditures.--Money in the fund may be expended by the
board to implement this chapter.
Section 2. This act shall take effect in 60 days.
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