76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
 
HA to HB 3241
 
LC 3527/HB 3241-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3241
 
   By COMMITTEE ON GENERAL GOVERNMENT AND CONSUMER PROTECTION
 
                            April 25
 
  Delete lines 4 through 11 of the printed bill and insert:
  '  { +  SECTION 1. + }  { + (1) Any person proposing to conduct
a funeral service may reserve all or part of the public real
property within 400 feet of the property on which the service is
to be conducted for the purpose of processions, displays,
presentations and other activities in memory of the deceased
person. A reservation may be made under this section for more
than one place where services will be conducted for a deceased
person.
  ' (2) If a funeral service is conducted within the boundaries
of a city, a reservation under this section must be made with the
city. If a funeral service is conducted at a place that is not
within the boundaries of a city, a reservation under this section
must be made with the county. Cities and counties shall enter
into arrangements with funeral service practitioners that will
allow funeral service practitioners to take reservations and
collect any fee. The arrangements shall provide for notification
by a funeral service practitioner to the city or county of the
area reserved under this section.
  ' (3) If a city or county imposes any fee for a reservation
under this section, the city or county shall provide for waiver
or reduction of the fee for funeral services conducted for
decedents who served in the Armed Forces.
  ' (4) Except as provided in subsection (5) of this section, a
person who has reserved real property under this section may
exclude from the area identified in the reservation, during the
time specified in the reservation, any person who is not invited
by the person for the purpose of activities in memory of the
deceased person.
  ' (5) A reservation made under this section does not authorize:
  ' (a) Restrictions on normal transit through the specified area
by pedestrians and by automobiles, buses and other means of
transportation; or
  ' (b) Restrictions on access to private property through the
specified area.
  ' (6) Any person who refuses to leave a reserved area after
having been requested to do so by the person holding a
reservation made under this section commits a Class B
misdemeanor.
  ' (7) As used in this section, 'funeral service' means a burial
or other memorial service for a deceased person that is conducted
in a residence, cemetery, funeral home, church, synagogue, mosque
or other similar location. + }
  '  { +  SECTION 2. + }  { + Section 3 of this 2011 Act is added
to and made a part of ORS 166.005 to 166.095. + }
  '  { +  SECTION 3. + }  { + (1) A person commits the crime of
disrupting a funeral service if, with intent to cause public
inconvenience, annoyance or alarm, or recklessly creating a risk
thereof and knowing that a funeral service is being conducted,
 
the person, within 1,000 feet of the real property on which the
service is being conducted:
  ' (a) Engages in fighting or in violent, tumultuous or
threatening behavior;
  ' (b) Makes unreasonable noise;
  ' (c) Disturbs any lawful assembly of persons without lawful
authority;
  ' (d) Obstructs vehicular or pedestrian traffic on a public
way; or
  ' (e) Creates a hazardous or physically offensive condition by
any act that the person is not licensed or privileged to do.
  ' (2) Disrupting a funeral service is a Class A misdemeanor.
  ' (3) As used in this section, 'funeral service' means a burial
or other memorial service for a deceased person that is conducted
in a residence, cemetery, funeral home, church, synagogue, mosque
or other similar location. + } ' .
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