PRINTER'S NO. 4322
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2751
Session of
2018
INTRODUCED BY MULLERY, READSHAW, MILLARD, BERNSTINE,
CALTAGIRONE, SCHLOSSBERG, YOUNGBLOOD AND KIRKLAND,
NOVEMBER 2, 2018
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, NOVEMBER 2, 2018
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in public improvements, utilities and
services, providing for burial grounds.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 63
BURIAL GROUNDS
Sec.
6301. Scope of chapter.
6302. Definitions.
6303. Care of neglected burial ground.
§ 6301. Scope of chapter.
This chapter relates to the care of burial grounds.
§ 6302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Governing body." The body, board or council authorized by
law to enact ordinances or adopt resolutions for the
municipality.
"Municipality." A county, city, borough, incorporated town,
township of the first class or home rule municipality. The term
excludes a township of the second class.
§ 6303. Care of neglected burial ground.
(a) Direction and supervision by court.--If an incorporated
or unincorporated burial ground within a municipality is being
neglected so as to become a nuisance, the court of common pleas
of the county in which the burial ground is located may direct
that the burial ground be placed in the care of the governing
body of the municipality, under the direction and supervision of
the court.
(b) Petition.--Upon the petition of at least 25 residents
who reside within a five-mile radius of the burial ground under
subsection (a), the court of common pleas under subsection (a)
may order the governing body of the municipality to cut down and
remove all brush, grass, briars and weeds growing in the burial
ground and place the grounds in good order and condition. The
cutting down and removal shall occur at least twice annually
before May 30 and before August 15 and at any other time as the
court orders.
(c) Costs.--The costs incurred by a municipality under this
section shall be paid out of the municipality's treasury, but in
no case shall the governing body of the municipality expend more
than $5,000 on any one burial ground in any one year for the
purposes of this section.
(d) Access to burial ground.--The burial ground under
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subsection (a) shall remain open to the public, in accordance
with any conditions which the court of common pleas under
subsection (a) may order.
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 53
Pa.C.S. Ch. 63.
(2) The act of May 10, 1923 (P.L.198, No.144), entitled
"An act authorizing courts of quarter sessions to commit the
care of certain burial grounds to the councils of boroughs,
township commissioners and township supervisors of townships;
and requiring boroughs and townships to pay the expenses in
connection therewith," is repealed.
Section 3. The addition of 53 Pa.C.S. Ch. 63 is a
continuation of the act of May 10, 1923 (P.L.198, No.144).
Except as otherwise provided in 53 Pa.C.S. Ch. 63, all
activities initiated under the act of May 10, 1923 (P.L.198,
No.144) shall continue and remain in full force and effect and
may be completed under 53 Pa.C.S. Ch. 63. Orders, regulations,
rules and decisions which were made under the act of May 10,
1923 (P.L.198, No.144) and which are in effect on the effective
date of section 2 of this act shall remain in full force and
effect until revoked, vacated or modified under 53 Pa.C.S. Ch.
63. Contracts, obligations and collective bargaining agreements
entered into under the act of May 10, 1923 (P.L.198, No.144) are
not affected nor impaired by the repeal of the act of May 10,
1923 (P.L.198, No.144).
Section 4. This act shall take effect in 90 days.
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