Pennsylvania Act 1995-73 — CEMETERY COMPANIES - AMEND EXTENDING LIABILITY LIMITATIONS

Act text

CEMETERY COMPANIES - AMEND EXTENDING LIABILITY LIMITATIONS
                  Act of Dec. 20, 1995, P.L. 664, No. 73              Cl. 09
                             Session of 1995
                               No. 1995-73

     HB 409

                                  AN ACT

     Amending the act of November 24, 1992 (P.L.730, No.110),
        entitled "An act providing cemetery companies or associations
        with the right to inter a dead human body in a ground space,
        a mausoleum, a columbarium or a niche to which interment
        rights have been abandoned; and encouraging caretaker
        organizations to assume responsibility for restoration and
        maintenance of historic burial places by limiting liability
        in connection therewith," extending liability limitations to
        landowners of historic burial places.

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

        Section 1.  Section 2(b), (c) and (f) of the act of November
     24, 1992 (P.L.730, No.110), entitled "An act providing cemetery
     companies or associations with the right to inter a dead human
     body in a ground space, a mausoleum, a columbarium or a niche to
     which interment rights have been abandoned; and encouraging
     caretaker organizations to assume responsibility for restoration
     and maintenance of historic burial places by limiting liability
     in connection therewith," are amended to read:
      Section 2.  Historic burial places.
        * * *
        (b)  General rule.--Except as provided in subsection (d), a
     caretaker organization or a landowner owes no duty of care to
     keep a historic burial place safe for entry or use by others or
     to give any warning of a dangerous condition, use, structure or
     activity on the premises of the historic burial place to persons
     who enter the premises.
        (c)  Limitations.--Except as provided in subsection (d), a
     caretaker organization or a landowner which either directly or
     indirectly invites or permits any person to enter the premises
     of the historic burial place without charge does not thereby:
            (1)  Extend any assurance that the premises are safe for
        any purpose.
            (2)  Confer upon such person the legal status of an
        invitee or licensee to whom a duty of care is owed.
            (3)  Assume responsibility for or incur liability for any
        injury to persons or property by an act of omission of such
        persons.
        * * *
        (f)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Caretaker organization."  A nonprofit organization under
     section 501(c)(3) of the Internal Revenue Code of 1954 (68A
     Stat. 3, 26 U.S.C. § 501(c)(3)) which owns or otherwise assumes
     responsibility for the restoration and maintenance of a historic
     burial place.
        "Historic burial place."  A tract of land that has been in
     existence as a burial ground for more than 100 years wherein
     there have been no burials for at least 50 years and wherein
     there will be no future burials.
        "Landowner."  A person, other than a caretaker organization,
     who owns in fee the real property which comprises a historic
     burial place and who permits a caretaker organization to restore
     and maintain the historic burial place.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 20th day of December, A. D. 1995.

     THOMAS J. RIDGE