S.F. 43 Section 1. Section 523I.316, Code 2011, is amended to read 1 as follows: 2 523I.316 Protection of cemeteries , pioneer cemeteries, and 3 burial sites. 4 1. Existence of cemetery , pioneer cemetery, or burial site 5 —— notification. If a governmental subdivision is notified of 6 the existence of a cemetery, a pioneer cemetery, or a marked 7 burial site that is not located in a dedicated cemetery, within 8 its jurisdiction and the cemetery , pioneer cemetery, or burial 9 site is not otherwise provided for under this chapter , the 10 governmental subdivision shall, as soon as is practicable, 11 notify the owner of the land upon which the cemetery , pioneer 12 cemetery, or burial site is located of the cemetery’s , pioneer 13 cemetery’s, or burial site’s existence and location. The 14 notification shall include an explanation of the provisions of 15 this section . If there is a basis to believe that interment 16 may have occurred more than one hundred fifty years earlier, 17 the governmental subdivision shall also notify the state 18 archaeologist. 19 2. Disturbance of interment spaces —— penalty. A person who 20 knowingly and without authorization damages, defaces, destroys, 21 or otherwise disturbs an interment space commits criminal 22 mischief in the third degree. Criminal mischief in the third 23 degree is an aggravated misdemeanor. 24 3. Duty to preserve and protect. 25 a. A governmental subdivision having a cemetery, pioneer 26 cemetery, or a burial site that is not located within a 27 dedicated cemetery, within its jurisdiction, for which 28 preservation is not otherwise provided, shall preserve and 29 protect the cemetery , pioneer cemetery, or burial site as 30 necessary to restore or maintain its physical integrity as a 31 cemetery , pioneer cemetery, or burial site. The governmental 32 subdivision may enter into a written agreement to delegate 33 the responsibility for the preservation and protection of 34 the cemetery , pioneer cemetery, or burial site to the owner 35 -1- LSB 1608XS (2) 84 av/sc 1/ 8

S.F. 43 of the property on which the cemetery , pioneer cemetery, or 1 burial site is located or to a public or private organization 2 interested in historical preservation. The governmental 3 subdivision shall not enter into an agreement with a public 4 or private organization to preserve and protect the cemetery , 5 pioneer cemetery, or burial site unless the property owner has 6 been offered the opportunity to enter into such an agreement 7 and has declined to do so. 8 b. A governmental subdivision is authorized to expend public 9 funds, in any manner authorized by law, in connection with such 10 a cemetery , pioneer cemetery, or burial site. 11 c. If a governmental subdivision proposes to enter into an 12 agreement with a public or private organization pursuant to 13 this subsection to preserve and protect a cemetery , pioneer 14 cemetery, or burial site that is located on property owned by 15 another person within the jurisdiction of the governmental 16 subdivision, the proposed agreement shall be written, and 17 the governmental subdivision shall provide written notice by 18 ordinary mail of the proposed agreement to the property owner 19 at least fourteen days prior to the date of the meeting at 20 which such proposed agreement will be authorized. The notice 21 shall include the location of the cemetery , pioneer cemetery, 22 or burial site and a copy of the proposed agreement, and 23 explain that the property owner is required to permit members 24 of the public or private organization reasonable ingress 25 and egress for the purposes of preserving and protecting 26 the cemetery , pioneer cemetery, or burial site pursuant to 27 the proposed agreement. The notice shall also include the 28 date, time, and place of the meeting and a statement that the 29 property owner has a right to attend the meeting and to comment 30 regarding the proposed agreement. 31 d. (1) Subject to chapter 670 , a governmental subdivision 32 that enters into an agreement with a public or private 33 organization pursuant to this subsection is liable for any 34 personal injury or property damage that occurs in connection 35 -2- LSB 1608XS (2) 84 av/sc 2/ 8

S.F. 43 with the preservation or protection of the cemetery , pioneer 1 cemetery, or burial site or access to the cemetery , pioneer 2 cemetery, or burial site by the governmental subdivision or the 3 public or private organization. 4 (2) For the purposes of this paragraph “d” , “liable” means 5 liability for every civil wrong which results in wrongful 6 death or injury to a person or injury to property or injury to 7 personal or property rights and includes but is not restricted 8 to actions based upon negligence; error or omission; nuisance; 9 breach of duty, whether statutory or other duty; or denial or 10 impairment of any right under any constitutional provision, 11 statute, or rule of law. 12 e. A property owner who is required to permit members of a 13 public or private organization reasonable ingress and egress 14 for the purpose of preserving or protecting a cemetery , pioneer 15 cemetery, or burial site on that owner’s property and who acts 16 in good faith and in a reasonable manner pursuant to this 17 subsection is not liable for any personal injury or property 18 damage that occurs in connection with the preservation or 19 protection of the cemetery , pioneer cemetery, or burial site or 20 access to the cemetery , pioneer cemetery, or burial site. 21 f. For the purposes of this subsection , reasonable ingress 22 and egress to a cemetery , pioneer cemetery, or burial site 23 shall include the following: 24 (1) A member of a public or private organization that 25 has entered into a written agreement with the governmental 26 subdivision who desires to visit such a cemetery , pioneer 27 cemetery, or burial site shall give the property owner at least 28 ten days’ written notice of the intended visit. 29 (2) If the property owner cannot provide reasonable access 30 to the cemetery , pioneer cemetery, or burial site on the 31 desired date, the property owner shall provide reasonable 32 alternative dates when the property owner can provide access 33 to the member. 34 (3) A property owner is not required to make any 35 -3- LSB 1608XS (2) 84 av/sc 3/ 8

S.F. 43 improvements to that person’s property to satisfy the 1 requirement to provide reasonable access to a cemetery , pioneer 2 cemetery, or burial site pursuant to this subsection . 3 4. Confiscation and return of memorials. A law 4 enforcement officer having reason to believe that a 5 memorial or memorialization is in the possession of a person 6 without authorization or right to possess the memorial 7 or memorialization may take possession of the memorial or 8 memorialization from that person and turn it over to the 9 officer’s law enforcement agency. If a law enforcement agency 10 determines that a memorial or memorialization the agency has 11 taken possession of rightfully belongs on an interment space, 12 the agency shall return the memorial or memorialization to the 13 interment space, or make arrangements with the person having 14 jurisdiction over the interment space for its return. 15 5. Burial sites located on private property. If a person 16 notifies a governmental subdivision that a burial site of the 17 person’s relative is located on property owned by another 18 person within the jurisdiction of the governmental subdivision, 19 the governmental subdivision shall notify the property owner 20 of the location of the burial site and that the property owner 21 is required to permit the person reasonable ingress and egress 22 for the purposes of visiting the burial site of the person’s 23 relative. 24 6. Pioneer cemeteries located on private property. If a 25 person notifies a governmental subdivision that the person’s 26 relative is interred in a pioneer cemetery on property owned 27 by another person within the jurisdiction of the governmental 28 subdivision, the governmental subdivision shall notify the 29 property owner of the location of the pioneer cemetery and that 30 the property owner is required to permit the person reasonable 31 ingress and egress for the purposes of visiting the burial site 32 of the person’s relative. 33 6. 7. Discovery of human remains. Any person discovering 34 human remains shall notify the county or state medical examiner 35 -4- LSB 1608XS (2) 84 av/sc 4/ 8

S.F. 43 or a city, county, or state law enforcement agency as soon as 1 is reasonably possible unless the person knows or has good 2 reason to believe that such notice has already been given or 3 the discovery occurs in a cemetery. If there is reason to 4 believe that interment may have occurred more than one hundred 5 fifty years earlier, the governmental subdivision notified 6 shall also notify the state archaeologist. A person who does 7 not provide notice required pursuant to this subsection commits 8 a serious misdemeanor. 9 7. 8. Adverse possession. A cemetery or a pioneer cemetery 10 is exempt from seizure, appropriation, or acquisition of title 11 under any claim of adverse possession, unless it is shown that 12 all remains in the cemetery or pioneer cemetery have been 13 disinterred and removed to another location. 14 Sec. 2. Section 523I.317, Code 2011, is amended to read as 15 follows: 16 523I.317 Duty to provide public access. 17 A cemetery or pioneer cemetery shall provide or permit 18 public access to the cemetery or pioneer cemetery , at 19 reasonable times and subject to reasonable regulations, so that 20 owners of interment rights and other members of the public 21 have reasonable ingress and egress to the cemetery or pioneer 22 cemetery . 23 Sec. 3. Section 523I.401, Code 2011, is amended to read as 24 follows: 25 523I.401 Neglected cemeteries and pioneer cemeteries . 26 The commissioner shall create a form that interested persons 27 may use to report neglected cemeteries and pioneer cemeteries 28 to the commissioner. The commissioner shall catalog and review 29 the neglected cemetery and pioneer cemetery reports received 30 on or before December 31, 2007 2011 , conduct site visits as 31 warranted to determine the nature or extent of any neglect, and 32 publish a report of findings on or before December 31, 2008 33 2012 . 34 Sec. 4. Section 523I.402, Code 2011, is amended to read as 35 -5- LSB 1608XS (2) 84 av/sc 5/ 8

S.F. 43 follows: 1 523I.402 Removal of remains. 2 1. Upon a showing of good cause, a county cemetery 3 commission may file suit in the district court in that county 4 to have remains interred in a cemetery or pioneer cemetery 5 owned and operated by the commission removed to another 6 cemetery. All persons in interest, known or unknown, other 7 than the plaintiffs, shall be made defendants to the suit. If 8 any parties are unknown, notice may be given by publication. 9 After hearing and a showing of good cause for the removal, the 10 court may order the removal of the remains and the remains 11 shall be properly interred in another cemetery, at the expense 12 of the county. The removal and reinterment of the remains 13 shall be done pursuant to a disinterment permit issued under 14 section 144.34 with due care and decency. In deciding whether 15 to order the removal of interred remains, a court shall 16 consider present or future access to the cemetery or pioneer 17 cemetery , the historical significance of the cemetery or 18 pioneer cemetery , and the wishes of the parties concerned 19 if they are brought to the court’s attention, including the 20 desire of any beneficiaries to reserve their rights to waive a 21 reservation of rights in favor of removal, and shall exercise 22 the court’s sound discretion in granting or refusing the 23 removal of interred remains. 24 2. Any heir at law or descendent of a deceased person 25 interred in a neglected cemetery or pioneer cemetery may file 26 suit in the district court in the county where the cemetery 27 or pioneer cemetery is located to have the deceased person’s 28 remains interred in the cemetery or pioneer cemetery removed to 29 another cemetery. The owner of the land, any beneficiaries of 30 any reservation of rights, and any other persons in interest, 31 known or unknown, other than the plaintiffs shall be made 32 defendants. If any parties are unknown, notice may be given by 33 publication. After hearing and upon a showing of good cause, 34 the court may order removal and the proper interment of the 35 -6- LSB 1608XS (2) 84 av/sc 6/ 8

S.F. 43 remains in another cemetery, at the expense of the petitioner. 1 The removal and reinterment shall be done with due care and 2 decency. 3 EXPLANATION 4 This bill extends certain protections to pioneer cemeteries 5 that are available to cemeteries. A pioneer cemetery is 6 defined as a cemetery where there were 12 or fewer burials in 7 the preceding 50 years. A pioneer cemetery is specifically 8 excluded from the definition of a cemetery for purposes of 9 cemetery regulation in Code chapter 523I. 10 Code section 523I.316 is amended to require a governmental 11 subdivision that is notified of the existence of a pioneer 12 cemetery that is not otherwise provided for under Code chapter 13 523I to notify the owner of the land upon which the pioneer 14 cemetery is located of its existence and also the state 15 archaeologist if there is a basis to believe that interment 16 may have occurred more than 150 years earlier. A governmental 17 subdivision is also given the duty to preserve and protect a 18 pioneer cemetery or enter into an agreement with the landowner 19 on which the pioneer cemetery is located, or a public or 20 private organization interested in historical preservation, to 21 do so. The governmental subdivision may expend public funds 22 in connection with a pioneer cemetery and is liable, subject 23 to Code chapter 670, for personal injury or property damage 24 that results in connection with the preservation or protection 25 of, or access to, the pioneer cemetery. Reasonable ingress 26 and egress requirements for preservation organizations and 27 relatives of persons interred also apply to pioneer cemeteries. 28 Code section 523I.317 is amended to require that pioneer 29 cemeteries must allow public access to the pioneer cemetery at 30 reasonable times. 31 Code section 523I.401 is amended to require the commissioner 32 of insurance to create a form that interested persons may use 33 to report neglected cemeteries and pioneer cemeteries to the 34 commissioner and requires the commissioner to catalogue and 35 -7- LSB 1608XS (2) 84 av/sc 7/ 8

S.F. 43 review any neglected cemetery and pioneer cemetery reports 1 received on or before December 31, 2011, conduct site visits 2 as warranted, and publish a report of findings on or before 3 December 31, 2012. These changes update previous provisions 4 which required the commissioner to catalogue and review 5 neglected cemetery reports received on or before December 31, 6 2007, and publish a report of findings before December 31, 7 2008. 8 Code section 523I.402 is amended to allow a county cemetery 9 commission or an heir at law or descendent of a deceased person 10 interred in a pioneer cemetery to file suit in district court 11 to have remains interred in a pioneer cemetery removed to 12 another cemetery. 13 -8- LSB 1608XS (2) 84 av/sc 8/ 8