House
File
469
-
Introduced
HOUSE
FILE
469
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HF
193)
A
BILL
FOR
An
Act
relating
to
the
protection
and
care
of
pioneer
1
cemeteries.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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
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