Senate File 2208 - Introduced
SENATE FILE
BY COMMITTEE ON LOCAL
GOVERNMENT
(SUCCESSOR TO SF 2008)
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 5276SV 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 that has
1 28 entered into an agreement with the governmental subdivision
1 29 who desires to visit such a cemetery or burial site shall give
1 30 the property owner at least ten days' notice of the intended
1 31 visit.
1 32 (2) If the property owner cannot provide reasonable access
1 33 to the cemetery or burial site on the desired date, the
1 34 property owner shall provide reasonable alternative dates when
1 35 the property owner can provide access to the member.
2 1 d. A governmental subdivision that enters into an
2 2 agreement with a public or private organization pursuant to
2 3 this subsection is liable for any personal injury or property
2 4 damage that occurs in connection with the cemetery or burial
2 5 site or access to the 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. The bill defines what
2 17 constitutes reasonable ingress and egress for such purposes
2 18 and provides that a governmental subdivision that enters into
2 19 an agreement with a public or private organization for
2 20 preservation of a cemetery or burial site is liable for any
2 21 personal injury or property damage that occurs in connection
2 22 with the cemetery or burial site or access to the cemetery or
2 23 burial site.
2 24 LSB 5276SV 81
2 25 av:rj/je/5