Senate File 2008 - Introduced
SENATE FILE
BY KREIMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to access to certain burial sites located on
2 private property.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5276SS 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 private organization interested
1 13 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 EXPLANATION
1 25 This bill provides that if a public or private organization
1 26 enters into an agreement with a governmental subdivision to
1 27 preserve and protect a cemetery or burial site that is located
1 28 on the property of another person within the jurisdiction of
1 29 the governmental subdivision, the governmental subdivision
1 30 shall notify the property owner of the location of the
1 31 cemetery or burial site and that the property owner is
1 32 required to permit members of the organization reasonable
1 33 ingress and egress for the purposes of preserving and
1 34 protecting the cemetery or burial site.
1 35 LSB 5276SS 81
2 1 av:rj/je/5