Pennsylvania Act 1987-68 — CEMETERY COMPANIES - ERRORS IN BURIALS

Act text

CEMETERY COMPANIES - ERRORS IN BURIALS
                  Act of Jul. 13, 1987, P.L. 352, No. 68              Cl. 09
                                  AN ACT

     Providing procedures when cemetery companies make errors in
        burials; and providing for sanctions.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Cemetery."  A place for the disposal or burial of deceased
     human beings, by cremation or in a grave, mausoleum, vault,
     columbarium or other receptacle. The term does not include a
     private family cemetery.
        "Cemetery company."  Any business entity that sells to the
     public the ownership of, or the right to use, any cemetery lot
     owned by the business entity. The term also includes the person
     or persons responsible for any cemetery company or cemetery
     owned or controlled by a church or religious congregation or
     fraternal organization or by any association created by a church
     or religious organization or a fraternal organization.
        "Lot."  Includes a lot, plot or part of a cemetery.
     Section 2.  Duty to disinter and reinter.
        In any instance in which a cemetery company is informed or
     becomes aware that the cemetery company has buried or permitted
     the burial of a body in the wrong lot, it shall be the duty of
     the cemetery company to disinter the casket wrongfully buried,
     identify the casket and reinter it in the proper lot. The
     cemetery company shall give adequate advance notice of the time
     or times of the disinterment and reinterment to the nearest
     known next of kin of the deceased person and the owner or owners
     of the lot involved if such owner or owners have so requested.
     Section 3.  Attendance at disinterment.
        At the time or times specified for the disinterment and
     reinterment, the cemetery company shall permit the nearest known
     next of kin and the owner or owners of the lot involved, if the
     owner or owners have so requested, to witness the disinterment
     or reinterment.
     Section 4.  Expenses.
        At the time of disinterment of a casket as described in
     section 2, the cemetery company shall bear all costs of the
     disinterment and reinterment.
     Section 5.  Effective date.
        This act shall take effect in 60 days.