Senate File 2208 - Reprinted



                                       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.  Subject to chapter 670, a governmental subdivision that
  1 25 enters into an agreement with a public or private organization
  1 26 pursuant to this subsection is liable for any personal injury
  1 27 or property damage that occurs in connection with the
  1 28 preservation or protection of the cemetery or burial site or
  1 29 access to the cemetery or burial site.
  1 30    d.  For the purposes of this subsection, reasonable ingress
  1 31 and egress to a cemetery or burial site shall include the
  1 32 following:
  1 33    (1)  A member of a public or private organization that has
  1 34 entered into an agreement with the governmental subdivision
  1 35 who desires to visit such a cemetery or burial site shall give
  2  1 the property owner at least ten days' notice of the intended
  2  2 visit.
  2  3    (2)  If the property owner cannot provide reasonable access
  2  4 to the cemetery or burial site on the desired date, the
  2  5 property owner shall provide reasonable alternative dates when
  2  6 the property owner can provide access to the member.
  2  7    e.  A governmental subdivision that enters into an
  2  8 agreement with a public or private organization pursuant to
  2  9 this subsection is liable for any personal injury or property
  2 10 damage that occurs in connection with the cemetery or burial
  2 11 site or access to the cemetery or burial site.
  2 12 SF 2208
  2 13 av:rj/cc/26