H 3346 General Bill, By R. Brown, Scarborough, Hodges, Whipper, Govan, Ceips, 
Jefferson, Brantley, Breeland, Hosey, Kennedy, Mack, Stavrinakis, Weeks, 
Williams, Agnew, Jennings, Bowers and McLeod

Similar(S 65)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3
 TO CHAPTER 43 OF TITLE 27 SO AS TO PROVIDE THAT OWNERS OF PROPERTY ON WHICH A
 CEMETERY OR GRAVES ARE LOCATED MUST ALLOW INGRESS AND EGRESS TO THE CEMETERY
 BY FAMILIES OF PERSONS BURIED THERE, PLOT OWNERS, AND PERSONS CONDUCTING
 GENEALOGY; TO AUTHORIZE THE PROPERTY OWNER TO DESIGNATE TIMES AND FREQUENCY OF
 ACCESS; TO PROVIDE THAT THE PROPERTY OWNER IS IMMUNE FROM LIABILITY IN ANY
 ACTION ARISING OUT OF GRANTING SUCH ACCESS; TO ESTABLISH A CAUSE OF ACTION FOR
 DENIAL OF REASONABLE ACCESS; AND TO PROVIDE THAT THIS ACT DOES NOT APPLY TO A
 DEED THAT CREATES OR RESERVES A CEMETERY ON PRIVATE PROPERTY; AND TO DESIGNATE
 SECTIONS 27-43-10 THROUGH 27-43-40 AS ARTICLE 1 OF CHAPTER 43, TITLE 27,
 ENTITLED "REMOVAL OF ABANDONED CEMETERIES" AND TO REENTITLE CHAPTER 43, TITLE
 27 AS "CEMETERIES".

   01/24/07  House  Introduced and read first time HJ-12
   01/24/07  House  Referred to Committee on Judiciary HJ-13
   02/08/07  House  Member(s) request name added as sponsor: Agnew,
                     Jennings
   02/22/07  House  Member(s) request name added as sponsor: Bowers
   03/21/07  House  Member(s) request name added as sponsor: McLeod
   04/18/07  House  Committee report: Favorable with amendment
                     Judiciary HJ-26
   04/19/07         Scrivener's error corrected
   04/24/07  House  Amended HJ-113
   04/24/07  House  Read second time HJ-115
   04/25/07  House  Read third time and sent to Senate HJ-24
   04/25/07  Senate Introduced and read first time SJ-15
   04/25/07  Senate Referred to Committee on Judiciary SJ-15
   04/26/07  Senate Referred to Subcommittee: Martin (ch), Malloy,
                     Campsen, Williams

AMENDED

April 24, 2007

H. 3346

Introduced by Reps. R. Brown, Scarborough, Hodges, Whipper, Govan, Ceips, Jefferson, Brantley, Breeland, Hosey, Kennedy, Mack, Stavrinakis, Weeks, Williams, Agnew, Jennings, Bowers and McLeod

S. Printed 4/24/07--H.

Read the first time January 24, 2007.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 43 OF TITLE 27 SO AS TO PROVIDE THAT OWNERS OF PROPERTY ON WHICH A CEMETERY OR GRAVES ARE LOCATED MUST ALLOW INGRESS AND EGRESS TO THE CEMETERY BY FAMILIES OF PERSONS BURIED THERE, PLOT OWNERS, AND PERSONS CONDUCTING GENEALOGY; TO AUTHORIZE THE PROPERTY OWNER TO DESIGNATE TIMES AND FREQUENCY OF ACCESS; TO PROVIDE THAT THE PROPERTY OWNER IS IMMUNE FROM LIABILITY IN ANY ACTION ARISING OUT OF GRANTING SUCH ACCESS; TO ESTABLISH A CAUSE OF ACTION FOR DENIAL OF REASONABLE ACCESS; AND TO PROVIDE THAT THIS ACT DOES NOT APPLY TO A DEED THAT CREATES OR RESERVES A CEMETERY ON PRIVATE PROPERTY; AND TO DESIGNATE SECTIONS 27-43-10 THROUGH 27-43-40 AS ARTICLE 1 OF CHAPTER 43, TITLE 27, ENTITLED "REMOVAL OF ABANDONED CEMETERIES" AND TO REENTITLE CHAPTER 43, TITLE 27 AS "CEMETERIES".

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 43, Title 27 is amended by adding:

Section 27-43-310.    (A)(1)    Owners of private property on which a cemetery or graves are located shall allow ingress and egress to the cemetery or graves by:

(a)    family members and descendants of deceased persons buried there or an agent who has the written permission of family members or descendants;

(b)    any cemetery plot owner;

(c)    any person engaging in genealogy research, who has given reasonable notice to the owner of record or to the occupant of the property, or both.

(2)    The landowner may designate the frequency of access, hours and duration of the access, and the access route if no traditional access route is obviously visible by a view of the property.

(3)    The landowner, in the absence of gross negligence or wilful misconduct, is immune from liability in any civil suit, claim, action, or cause of action arising out of the access granted pursuant to this section.

(B)(1)    The right of ingress and egress granted to persons specified in subsection (A) must be reasonable and limited to the purposes of visiting graves, maintaining the gravesite or cemetery, or conducting genealogy research.

(2)    The right of ingress and egress must not be construed to provide a right to operate motor vehicles on the property for the purpose of accessing a cemetery or gravesite unless there is a road or adequate right-of-way that permits access by a motor vehicle and the owner has given written permission to use the road or right-of-way of necessity.

(C)    Any person engaging in genealogy research, who has received the permission of the owner of record or the occupant of the property, or both.

(D)    A person denied reasonable access under the provisions of this section may bring an action in the circuit court or the magistrates court where the property is located to enjoin the owner of the property from denying the person reasonable ingress and egress to the cemetery or gravesite. In granting this relief, the court may set the frequency of access, hours, and duration of the access.

(E)    The provisions of this section do not apply to any deed or other written instrument that creates or reserves a cemetery or gravesite on private property.

(F)    The provisions of this section in no way abrogate, affect, or encumber the title to the landowner's private property and are exercisable only for a particular private property that is either subject to the rights of access of the persons listed in subsection (A) or the subject of a court order as provided in subsection (D)."

SECTION    2.    Section 27-43-10 through Section 27-43-40 of the 1976 Code are designated as Article 1 of Chapter 43, Title 27 and entitled "Removal of Abandoned Cemeteries", and Chapter 43 of Title 27 of the 1976 Code is reentitled "Cemeteries".

SECTION    3.    This act takes effect upon approval by the Governor.