Full Text of SB1275 99th General Assembly
SB1275sam001 99TH GENERAL ASSEMBLY | Sen. David S. Luechtefeld Filed: 3/18/2015
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| 1 | | AMENDMENT TO SENATE BILL 1275
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1275 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Access to Cemeteries on Private Property Act. | 6 | | Section 5. Access with landowner's consent. | 7 | | (a) Any of the following persons, with the consent of the | 8 | | public or private landowner, may enter the property of another | 9 | | to discover, restore, maintain, or visit a grave, private | 10 | | cemetery, or abandoned cemetery: | 11 | | (1) A descendant of the person whose remains are | 12 | | reasonably believed to be interred in the grave, private | 13 | | cemetery, or abandoned cemetery. | 14 | | (2) A descendant's designee. | 15 | | (3) Any other person who has a special personal | 16 | | interest in the grave, private cemetery, or abandoned |
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| 1 | | cemetery. | 2 | | (b) The landowner, in the absence of willful and wanton | 3 | | conduct, is immune from liability in any civil suit,
claim, | 4 | | action, or cause of action arising out of the access
granted | 5 | | pursuant to this Section. | 6 | | Section 10. Access without landowner's consent. | 7 | | (a) If the consent of the landowner cannot be obtained, any | 8 | | person listed in subsection (a) of Section 5 of this Act may | 9 | | file a petition in the circuit court of the county in which the | 10 | | petitioner has reasonable grounds to believe the grave, private | 11 | | cemetery, or abandoned cemetery is located for an order | 12 | | allowing the petitioner to enter the property to discover, | 13 | | restore, maintain, or visit the grave, private cemetery, or | 14 | | abandoned cemetery. The petition shall be verified. The | 15 | | proceedings shall be conducted in accordance with Article II of | 16 | | the Code of Civil Procedure. The court shall issue an order | 17 | | allowing the petitioner to enter the property if the court | 18 | | finds all of the following: | 19 | | (1) There are reasonable grounds to believe that the | 20 | | grave, private cemetery, or abandoned cemetery is located | 21 | | on the property or it is reasonably necessary to enter or | 22 | | cross the landowner's property to reach the grave, private | 23 | | cemetery, or abandoned cemetery. | 24 | | (2) The petitioner, or the petitioner's designee, is a | 25 | | descendant of the deceased, or the petitioner has a |
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| 1 | | legitimate historical, genealogical, or governmental | 2 | | interest in the grave, private cemetery, or abandoned | 3 | | cemetery. | 4 | | (3) The entry on the property would not unreasonably | 5 | | interfere with the enjoyment of the property by the | 6 | | landowner. | 7 | | (b) The court's order may do one or more of the following: | 8 | | (1) Specify the dates and the daylight hours that the | 9 | | petitioner may enter and remain on the property. | 10 | | (2) Grant the petitioner the right to enter the | 11 | | landowner's property periodically, as specified in the | 12 | | order, after the time needed for initial restoration of the | 13 | | grave, private cemetery, or abandoned cemetery. | 14 | | (3) Specify a reasonable route from which the | 15 | | petitioner may not deviate in all entries and exits from | 16 | | the property. | 17 | | (c) The court's order may not require the landowner to make | 18 | | modifications to his or her property in order to accommodate | 19 | | access to the grave, private cemetery, or abandoned cemetery. | 20 | | (d) The landowner, in the absence of willful and wanton | 21 | | conduct, is immune from liability in any civil suit,
claim, | 22 | | action, or cause of action arising out of the access
granted | 23 | | pursuant to this Section.".
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