PRINTER'S NO. 3805
No. 2860 Session of 1994
INTRODUCED BY SCHULER, FARGO, CLARK, HENNESSEY, NICKOL, CESSAR,
PETTIT, STRITTMATTER, BARLEY, HERSHEY, TRUE, STURLA, TIGUE,
GERLACH, CORRIGAN, MAITLAND, SCHEETZ, YOUNGBLOOD, TRELLO,
HASAY AND LAUGHLIN, JUNE 6, 1994
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
JUNE 6, 1994
AN ACT
1 Amending the act of November 24, 1992 (P.L.730, No.110),
2 entitled "An act providing cemetery companies or associations
3 with the right to inter a dead human body in a ground space,
4 a mausoleum, a columbarium or a niche to which interment
5 rights have been abandoned; and encouraging caretaker
6 organizations to assume responsibility for restoration and
7 maintenance of historic burial places by limiting liability
8 in connection therewith," extending liability limitations to
9 landowners of historic burial places.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 2(b), (c) and (f) of the act of November
13 24, 1992 (P.L.730, No.110), entitled "An act providing cemetery
14 companies or associations with the right to inter a dead human
15 body in a ground space, a mausoleum, a columbarium or a niche to
16 which interment rights have been abandoned; and encouraging
17 caretaker organizations to assume responsibility for restoration
18 and maintenance of historic burial places by limiting liability
19 in connection therewith," are amended to read:
20 Section 2. Historic burial places.
1 * * *
2 (b) General rule.--Except as provided in subsection (d), a
3 caretaker organization or a landowner owes no duty of care to
4 keep a historic burial place safe for entry or use by others or
5 to give any warning of a dangerous condition, use, structure or
6 activity on the premises of the historic burial place to persons
7 who enter the premises.
8 (c) Limitations.--Except as provided in subsection (d), a
9 caretaker organization or a landowner which either directly or
10 indirectly invites or permits any person to enter the premises
11 of the historic burial place without charge does not thereby:
12 (1) Extend any assurance that the premises are safe for
13 any purpose.
14 (2) Confer upon such person the legal status of an
15 invitee or licensee to whom a duty of care is owed.
16 (3) Assume responsibility for or incur liability for any
17 injury to persons or property by an act of omission of such
18 persons.
19 * * *
20 (f) Definitions.--As used in this section, the following
21 words and phrases shall have the meanings given to them in this
22 subsection:
23 "Caretaker organization." A nonprofit organization under
24 section 501(c)(3) of the Internal Revenue Code of 1954 (68A
25 Stat. 3, 26 U.S.C. § 501(c)(3)) which owns or otherwise assumes
26 responsibility for the restoration and maintenance of a historic
27 burial place.
28 "Historic burial place." A tract of land that has been in
29 existence as a burial ground for more than 100 years wherein
30 there have been no burials for at least 50 years and wherein
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1 there will be no future burials.
2 "Landowner." A person, other than a caretaker organization,
3 who owns in fee the real property which comprises a historic
4 burial place and who permits a caretaker organization to restore
5 and maintain the historic burial place.
6 Section 2. This act shall take effect in 60 days.
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