House File 2219 - Introduced
HOUSE FILE
BY KAUFMANN and LALK
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to access to certain cemeteries or burial sites
2 located on private property.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6169YH 81
5 av/je/5
PAG LIN
1 1 Section 1. Section 523I.316, subsection 3, Code Supplement
1 2 2005, is amended to read as follows:
1 3 3. DUTY TO PRESERVE AND PROTECT.
1 4 a. A governmental subdivision having a cemetery, or a
1 5 burial site that is not located within a dedicated cemetery,
1 6 within its jurisdiction, for which preservation is not
1 7 otherwise provided, shall preserve and protect the cemetery or
1 8 burial site as necessary to restore or maintain its physical
1 9 integrity as a cemetery or burial site. The governmental
1 10 subdivision may enter into an agreement to delegate the
1 11 responsibility for the preservation and protection of the
1 12 cemetery or burial site to a public or private organization
1 13 interested in historical preservation.
1 14 b. If a public or private organization enters into an
1 15 agreement with a governmental subdivision pursuant to this
1 16 subsection to preserve and protect a cemetery or burial site
1 17 that is located on property owned by another person within the
1 18 jurisdiction of the governmental subdivision, the governmental
1 19 subdivision shall notify the property owner of the location of
1 20 the cemetery or burial site and that the property owner is
1 21 required to permit members of the organization reasonable
1 22 ingress and egress for the purposes of preserving and
1 23 protecting the cemetery or burial site.
1 24 c. For the purposes of this subsection, reasonable ingress
1 25 and egress to a cemetery or burial site shall include the
1 26 following:
1 27 (1) A member of a public or private organization who
1 28 desires to visit such a cemetery or burial site shall give the
1 29 property owner at least ten days' notice of the intended
1 30 visit.
1 31 (2) If the property owner cannot provide reasonable access
1 32 to the cemetery or burial site on the desired date, the
1 33 property owner shall provide reasonable alternative dates when
1 34 the property owner can provide access to the member.
1 35 d. A governmental subdivision that enters into an
2 1 agreement with a public or private organization pursuant to
2 2 this subsection is liable for any personal injury or property
2 3 damage that occurs in connection with the preservation or
2 4 protection of the cemetery or burial site or access to the
2 5 cemetery or burial site.
2 6 EXPLANATION
2 7 This bill provides that if a public or private organization
2 8 enters into an agreement with a governmental subdivision to
2 9 preserve and protect a cemetery or burial site that is located
2 10 on the property of another person within the jurisdiction of
2 11 the governmental subdivision, the governmental subdivision
2 12 shall notify the property owner of the location of the
2 13 cemetery or burial site and that the property owner is
2 14 required to permit members of the organization reasonable
2 15 ingress and egress for the purposes of preserving and
2 16 protecting the cemetery or burial site.
2 17 The bill provides that reasonable ingress and egress to a
2 18 cemetery or burial site must include 10 days' advance notice
2 19 to the property owner that a member of an organization desires
2 20 to visit the cemetery or burial site and if the property owner
2 21 cannot provide reasonable access on the desired date, the
2 22 owner must provide reasonable alternative dates when the
2 23 member can visit.
2 24 The bill also provides that a governmental subdivision that
2 25 enters into an agreement with an organization to delegate
2 26 responsibility for a cemetery or burial site to the
2 27 organization is liable for any damages that occur in
2 28 connection with the preservation or protection of the cemetery
2 29 or burial site or access to the cemetery or burial site.
2 30 LSB 6169YH 81
2 31 av:rj/je/5