SB1275sam001 99TH GENERAL ASSEMBLY

Sen. David S. Luechtefeld

Filed: 3/18/2015

09900SB1275sam001 LRB099 09701 HEP 32698 a

AMENDMENT TO SENATE BILL 1275

AMENDMENT NO. ______. Amend Senate Bill 1275 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Access to Cemeteries on Private Property Act.

Section 5. Access with landowner's consent.

(a) Any of the following persons, with the consent of the public or private landowner, may enter the property of another to discover, restore, maintain, or visit a grave, private cemetery, or abandoned cemetery:

(1) A descendant of the person whose remains are reasonably believed to be interred in the grave, private cemetery, or abandoned cemetery.

(2) A descendant's designee.

(3) Any other person who has a special personal interest in the grave, private cemetery, or abandoned cemetery.

(b) The landowner, in the absence of willful and wanton conduct, is immune from liability in any civil suit, claim, action, or cause of action arising out of the access granted pursuant to this Section.

Section 10. Access without landowner's consent.

(a) If the consent of the landowner cannot be obtained, any person listed in subsection (a) of Section 5 of this Act may file a petition in the circuit court of the county in which the petitioner has reasonable grounds to believe the grave, private cemetery, or abandoned cemetery is located for an order allowing the petitioner to enter the property to discover, restore, maintain, or visit the grave, private cemetery, or abandoned cemetery. The petition shall be verified. The proceedings shall be conducted in accordance with Article II of the Code of Civil Procedure. The court shall issue an order allowing the petitioner to enter the property if the court finds all of the following:

(1) There are reasonable grounds to believe that the grave, private cemetery, or abandoned cemetery is located on the property or it is reasonably necessary to enter or cross the landowner's property to reach the grave, private cemetery, or abandoned cemetery.

(2) The petitioner, or the petitioner's designee, is a descendant of the deceased, or the petitioner has a legitimate historical, genealogical, or governmental interest in the grave, private cemetery, or abandoned cemetery.

(3) The entry on the property would not unreasonably interfere with the enjoyment of the property by the landowner.

(b) The court's order may do one or more of the following:

(1) Specify the dates and the daylight hours that the petitioner may enter and remain on the property.

(2) Grant the petitioner the right to enter the landowner's property periodically, as specified in the order, after the time needed for initial restoration of the grave, private cemetery, or abandoned cemetery.

(3) Specify a reasonable route from which the petitioner may not deviate in all entries and exits from the property.

(c) The court's order may not require the landowner to make modifications to his or her property in order to accommodate access to the grave, private cemetery, or abandoned cemetery.

(d) The landowner, in the absence of willful and wanton conduct, is immune from liability in any civil suit, claim, action, or cause of action arising out of the access granted pursuant to this Section.".