House Amendment 8467
PAG LIN
1 1 Amend Senate File 2364, as passed by the Senate, as
1 2 follows:
1 3 #1. Page 72, line 3, by striking the word
1 4 <subsections> and inserting the following:
1 5 <subsection>.
1 6 #2. Page 72, by striking lines 4 through 9.
1 7 #3. Page 75, line 18, by striking the word <an>
1 8 and inserting the following: <an a written>.
1 9 #4. Page 75, line 20, by inserting after the word
1 10 <a> the following: <public or>.
1 11 #5. Page 75, by striking lines 25 through 30 and
1 12 inserting the following:
1 13 <c. If a governmental subdivision proposes to
1 14 enter into an agreement with a public or private
1 15 organization pursuant to this subsection to preserve
1 16 and protect a cemetery or burial site that is located
1 17 on property owned by another person within the
1 18 jurisdiction of the governmental subdivision, the
1 19 proposed agreement shall be written, and the
1 20 governmental subdivision shall provide written notice
1 21 by ordinary mail of the proposed agreement to the
1 22 property owner at least fourteen days prior to the
1 23 date of the meeting at which such proposed agreement
1 24 will be authorized. The notice shall include the
1 25 location of the cemetery or burial site and a copy of
1 26 the proposed agreement, and explain that the property
1 27 owner is required to permit members of the public or
1 28 private organization reasonable ingress and egress for
1 29 the purposes of preserving and protecting the cemetery
1 30 or burial site pursuant to the proposed agreement.
1 31 The notice shall also include the date, time, and
1 32 place of the meeting and a statement that the property
1 33 owner has a right to attend the meeting and to comment
1 34 regarding the proposed agreement.
1 35 d. Subject to chapter 670, a governmental
1 36 subdivision that enters into an agreement with a
1 37 public or private organization pursuant to this
1 38 subsection is liable for any personal injury or
1 39 property damage that occurs in connection with the
1 40 preservation or protection of the cemetery or burial
1 41 site or access to the cemetery or burial site by the
1 42 governmental subdivision or the public or private
1 43 organization.
1 44 For the purposes of this paragraph, "liable" means
1 45 liability for every civil wrong which results in
1 46 wrongful death or injury to a person or injury to
1 47 property or injury to personal or property rights and
1 48 includes but is not restricted to actions based upon
1 49 negligence; error or omission; nuisance; breach of
1 50 duty, whether statutory or other duty; or denial or
2 1 impairment of any right under any constitutional
2 2 provision, statute, or rule of law.
2 3 e. A property owner who is required to permit
2 4 members of a public or private organization reasonable
2 5 ingress and egress for the purpose or preserving or
2 6 protecting a cemetery or burial site on that owner's
2 7 property and who acts in good faith and in a
2 8 reasonable manner pursuant to this subsection is not
2 9 liable for any personal injury or property damage that
2 10 occurs in connection with the preservation or
2 11 protection of the cemetery or burial site or access to
2 12 the cemetery or burial site.
2 13 f. For the purposes of this subsection, reasonable
2 14 ingress and egress to a cemetery or burial site shall
2 15 include the following:
2 16 (1) A member of a public or private organization
2 17 that has entered into a written agreement with the
2 18 governmental subdivision who desires to visit such a
2 19 cemetery or burial site shall give the property owner
2 20 at least ten days' written notice of the intended
2 21 visit.
2 22 (2) If the property owner cannot provide
2 23 reasonable access to the cemetery or burial site on
2 24 the desired date, the property owner shall provide
2 25 reasonable alternative dates when the property owner
2 26 can provide access to the member.
2 27 (3) A property owner is not required to make any
2 28 improvements to that person's property to satisfy the
2 29 requirement to provide reasonable access to a cemetery
2 30 or burial site pursuant to this subsection.>
2 31 #6. By striking page 76, line 3, through page 77,
2 32 line 26.
2 33 #7. By renumbering as necessary.
2 34
2 35
2 36
2 37 HUSER of Polk
2 38
2 39
2 40
2 41 KAUFMANN of Cedar
2 42
2 43
2 44
2 45 LALK of Fayette
2 46
2 47
2 48
2 49 SWAIM of Davis
2 50
3 1
3 2
3 3 SCHUELLER of Jackson
3 4 SF 2364.303 81
3 5 av/cf/1668
-1-