H.F. 469 Section 1. Section 523I.102, subsection 6, Code 2011, is 1 amended to read as follows: 2 6. a. “Cemetery” means any area that is or was open to use 3 by the public in general or any segment thereof and is used or 4 is intended to be used to inter or scatter remains. 5 b. “Cemetery” does not include the following: 6 a. (1) A private burial site where use is restricted to 7 members of a family, if the interment rights are conveyed 8 without a monetary payment, fee, charge, or other valuable form 9 of compensation or consideration. 10 b. (2) A private burial site where use is restricted to 11 a narrow segment of the public, if the interment rights are 12 conveyed without a monetary payment, fee, charge, or other 13 valuable form of compensation or consideration. 14 c. (3) A pioneer cemetery. 15 c. Notwithstanding paragraph “b” , subparagraph (3), a 16 pioneer cemetery shall be considered a cemetery for the 17 purposes of section 523I.316, 523I.317, 523I.401, and 523I.402. 18 EXPLANATION 19 This bill extends certain protections to pioneer cemeteries 20 that are available to cemeteries. A pioneer cemetery is 21 defined as a cemetery where there were 12 or fewer burials 22 in the preceding 50 years. Currently, a pioneer cemetery is 23 specifically excluded from the definition of a cemetery for 24 purposes of cemetery regulation in Code chapter 523I. 25 The bill provides that a pioneer cemetery shall be 26 considered a cemetery for the purposes of preserving and 27 protecting a cemetery for which preservation is not otherwise 28 provided, providing reasonable public access to a cemetery, 29 allowing interested persons to report a neglected cemetery to 30 the commissioner of insurance, and allowing the removal of 31 remains from one cemetery to another upon a showing of good 32 cause. 33 -1- LSB 1608HV (2) 84 av/sc 1/ 1