L0043.02T

To repeal section 214.132, RSMo 1994, relating to private burial grounds, and to enact in lieu thereof six new sections relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

     Section A. Section 214.132, RSMo 1994, is repealed and six new sections enacted in lieu thereof, to be known as sections 214.132, 1, 2, 3, 4 and 5, to read as follows:

     214.132. 1. Any person who wishes to visit an abandoned family cemetery or private burying ground which is completely surrounded by privately owned land, for which no public ingress or egress is available, shall have the right to reasonable ingress or egress for the purpose of visiting such cemetery. This right of access to such cemeteries extends only to visitation during reasonable hours and only for purposes usually associated with cemetery visits.

     2. The sheriff or chief law enforcement officer of the county in which the abandoned family cemetery or private burying ground is located shall enforce the provisions of subsection 1 of this section.

     [2.] 3. Nothing in section 214.131 and this section shall be construed to limit or modify the power or authority of a court in any action of law or equity to order the disinterment and removal of the remains from a cemetery and interment in a suitable location.

     Section 1. Any cemetery located in a city not within a county, which has become the property of such city pursuant to section 214.205, RSMo, or a public tax sale may be sold to another cemetery operator or a not for profit corporation which is unrelated to the previous cemetery operator.

     Section 2. Any cemetery operator who purchases a cemetery from a city not within a county pursuant to sections 1 to 5 of this act shall not be liable for any wrongful interments or errors made in the sale of plots prior to the cemetery operator's purchase of the cemetery, nor shall such cemetery operator be liable for multiple ownership of plots sold by such cemetery operator due to a lack of adequate records in such cemetery operator's possession at the time of such cemetery operator's purchase of such cemetery from the city, provided the cemetery operator offers a plot of equal value for the interment, if such party can prove ownership of the right to bury a person by presenting a contract for the right to burial.

     Section 3. Any cemetery operator who purchases a cemetery from a city not within a county shall not be held liable or responsible for any conditions existing or actions taken which occurred prior to the cemetery operator's purchase from such city; except that, the exemption provided in this section shall not relieve any previous owner or wrongdoer for their actions related to such cemetery.

     Section 4. Any subsequent cemetery owner after a city not within a county shall be exempt from the provisions of section 214.325, RSMo, and section 214.410, RSMo, for any deficiency existing prior to such city's ownership; except that, such exemption shall not relieve any previous cemetery owners or wrongdoers from the provision of such sections.

     Section 5. Any cemetery owner subsequent to a city not within a county, regardless of whether such cemetery was previously registered as an endowed care cemetery, held itself out to be an endowed care cemetery or was a nonendowed care cemetery, shall comply with section 214.310, RSMo, and register such cemetery as an endowed care cemetery as if it were a newly created cemetery with no interments at the time of such registration. Any contracts for the right of burial sold after compliance with section 214.310, RSMo, and all subsequent action of a subsequent cemetery owner shall comply fully with the provisions of sections 214.270 to 214.410, RSMo.