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    1. Re: [TNCLAIBO] Cemetery Visitation - Proposed Tennessee Legislation
    2. Someone sent me a note about this legislation but my computer went haywire before I could see who it was and what the note was about. Please resend. Pam In a message dated 4/28/2007 3:06:03 PM Pacific Daylight Time, PBurne1063@aol.com writes: HB1354 by *Jones S. (*SB1804 by *Jackson, *Marrero B.) Cemeteries - Authorizes eligible persons, including family members, descendants, and friends of the deceased persons and persons conducting genealogical research, access to cemeteries and graves on private property, subject to certain limitations. - Amends TCA Title 46. Fiscal Summary for HB1354 / *SB1804 Increase Local Govt. Expenditures - Not Significant Bill Summary for HB1354 / *SB1804 This bill requires owners and occupants of land where cemeteries and graves are located to grant access to the family members, descendants, and close friends of persons who are buried in such land and to genealogical researchers ("eligible persons") in order to visit and maintain graves, make burials, and conduct genealogical research. In order for a friend of a deceased person, of the family, or of a descendant or persons engaging in genealogical research to exercise the right of ingress and egress to a cemetery or to graves on private property as eligible persons, the friend or researcher must have written designation as such by a descendant or other member of the family of the deceased. This bill requires any eligible person to provide reasonable advance notice to the landowner or occupant before entering the land. This bill further specifies that entry upon the private property of another for accessing a cemetery or graves must only occur at a reasonable time, under reas! onable circumstances, and in a reasonable manner. This bill authorizes landowners to designate access routes to cemeteries and graves on such persons' land. This bill requires eligible persons to be liable for any damage to property that is caused by passage across the landowner's property in order to reach a cemetery or gravesite. This bill authorizes any eligible person who is denied access to a gravesite or cemetery to seek equitable relief against the landowner or occupant in chancery court. Any owner of private property who believes a person is not an eligible person or believes that an eligible person is entering upon the property in violation of this bill could institute a proceeding in the chancery court of the county in which the cemetery or graves are located to enjoin such person from further entry upon the property. In granting injunctive relief, the court could deny further access of the person to the cemetery or graves located on the property or could set the frequency of access, circumstances under which access could occur, the manner of access, and the hours and duration of access. Any person who enters upon the property for accessing a cemetery or graves who is not an eligible person would be subject to all remedies provided by this bill and any other applicable provision of law. Information on this page is generally current to within an hour. HB1354 <http://www.legislature.state.tn.us/bills/currentga/BILL/HB1354.pdf> by *Jones S. (*SB1804 <http://www.legislature.state.tn.us/bills/currentga/BILL/SB1804.pdf> by *Jackson, *Marrero B.) Cemeteries - Authorizes eligible persons, including family members, descendants, and friends of the deceased persons and persons conducting genealogical research, access to cemeteries and graves on private property, subject to certain limitations. - Amends TCA Title 46. Summary for HB1354/*SB1804 <http://www.legislature.state.tn.us/bills/currentga/asp/WebBillInfo/Summary.as px?BillNumber=HB1354> No Amendments for HB1354 No Amendments for SB1804 Fiscal Note for HB1354/*SB1804 Fiscal Note for HB1354 / SB1804 filed under SB1804 <http://www.legislature.state.tn.us/bills/currentga/Fiscal/SB1804.pdf> _____ House <http://www.legislature.state.tn.us/bills/currentga/asp/WebBillInfo/HouseVote. aspx?ChamberVoting=H&BillNumber=HB1354> Votes on HB1354 _____ Bill History Section <http://www.legislature.state.tn.us/bills/currentga/abbrev.htm> Bill History Abbreviations - Opens into a new window Actions Taken on HB1354 Action Date Actions Taken on SB1804 Action Date Action Def. in Judiciary Committee to 5/2/2007 4/25/2007 Action Def. in S. C,L&A Comm. to 5/1/2007 4/24/2007 Placed on cal. Judiciary Committee for 04/25/2007 4/18/2007 Placed on S. C,L&A Comm. cal. for 04/24/2007 4/18/2007 Rec. for pass. if am. by s/c ref. to Judiciary Committee 4/17/2007 Action Def. in S. C,L&A Comm. to 4/24/2007 4/17/2007 Placed on s/c cal Civil Practice and Procedure of JUD for 04/17/2007 4/11/2007 Placed on S. C,L&A Comm. cal. for 04/17/2007 4/11/2007 Action Def. in s/c Civil Practice and Procedure of JUD to 4/17/2007 4/10/2007 Assigned to Gen. Sub of S. C,L&A Comm. 3/8/2007 Placed on s/c cal Civil Practice and Procedure of JUD for 04/10/2007 4/4/2007 P2C, ref. to S. C,L&A Comm. 2/12/2007 Assigned to s/c Civil Practice and Procedure of JUD 2/26/2007 Intro., P1C. 2/8/2007 P2C, ref. to Judiciary 2/15/2007 Filed for intro. 2/8/2007 Intro., P1C. 2/14/2007 Filed for intro. 2/12/2007 ************************************** See what's free at http://www.aol.com.

    04/28/2007 08:12:18