(a) Purpose.--The purpose of this act is to encourage caretaker organizations to restore and maintain historic burial places by limiting their liability toward persons entering such burial places.

(b) General rule.--Except as provided in subsection (d), a caretaker organization or a landowner owes no duty of care to keep a historic burial place safe for entry or use by others or to give any warning of a dangerous condition, use, structure or activity on the premises of the historic burial place to persons who enter the premises.

(c) Limitations.--Except as provided in subsection (d), a caretaker organization or a landowner which either directly or indirectly invites or permits any person to enter the premises of the historic burial place without charge does not thereby:

(d) Willful or malicious actions.--Nothing in this act limits in any way any liability which otherwise exists for willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity on the premises of a historic burial place.

(e) Construction.--Nothing in this section shall be construed to:

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

“Caretaker organization.” A nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1954 (68A Stat. 3, 26 U.S.C. § 501(c)(3)) which owns or otherwise assumes responsibility for the restoration and maintenance of a historic burial place.

“Historic burial place.” A tract of land that has been in existence as a burial ground for more than 100 years wherein there have been no burials for at least 50 years and wherein there will be no future burials.

“Landowner.” A person, other than a caretaker organization, who owns in fee the real property which comprises a historic burial place and who permits a caretaker organization to restore and maintain the historic burial place.