2006 Minnesota Statutes

306.761 PERMANENT CARE AND IMPROVEMENT FUNDS.
    Subdivision 1. Notice. A cemetery association operating a cemetery larger than ten acres
shall establish a permanent care and improvement fund. All cemetery associations operating a
cemetery larger than ten acres and having a permanent care and improvement fund shall annually
file, as part of the report required in subdivision 2, a notice with the county auditor of the county
in which the cemetery is located. The notice must include the names and addresses of each person
or entity owning a five percent or greater interest in the cemetery, and the names and addresses of
all officers if any change has taken place since the previous notice. The term "association" as used
in this section includes any person, firm, partnership, association, or corporation.
    Subd. 2. Report. A cemetery association operating a cemetery larger than ten acres and
any person, firm, partnership, association, or corporation owning or operating a mausoleum or
columbarium, or constructing or selling space in a mausoleum or columbarium to be built, which
has a permanent care and improvement fund shall annually make a complete written report to the
county auditor of the county in which the cemetery or mausoleum or columbarium or future site
of the mausoleum or columbarium is located on the state of the fund, including all deposits and
withdrawals of principal amounts and all receipts and disbursements. The report must be filed on
forms prescribed by the state auditor by March 31 for any entity described in this subdivision
which operates on a calendar year basis and by 90 days after the end of the fiscal year for any
entity described in this subdivision which operates on a fiscal year basis. The report shall be signed
and notarized under oath. A filing fee of $15 for each report must be paid to the county auditor.
    Subd. 3. Money in trust. Any person, firm, partnership, association, or corporation holding
money in trust under this section shall provide notice to the person purchasing the cemetery lot,
or the burial space in a mausoleum or columbarium, at the time of the first payment. The notice
shall be in writing, and shall identify the location where the money will be held in trust including
any identifying account numbers and the name and address of the institution in which the money
is held. Any person, firm, partnership, association, or corporation holding money in trust under
this section shall notify the county auditor receiving the annual report if there is a change in the
identifying account numbers or location of the fund within seven days of the change.
    Subd. 4. Notice of change of trustee. Any person, firm, partnership, association, or
corporation subject to this section must file a notice of change of trustee of any trust funds with
the same county auditor who should receive the annual report required by this section within
30 days after the change of trustees.
    Subd. 5. Penalty. A person, firm, partnership, association, or corporation knowingly violating
this section is guilty of a misdemeanor and for a second offense is guilty of a gross misdemeanor.
    Subd. 6. Application. This section does not apply to cemeteries, mausoleums, or
columbariums owned and operated by a municipality, church, religious corporation, or religious
association.
History: 1971 c 894 s 1; 1981 c 139 s 1; 1988 c 469 art 5 s 1; 1988 c 509 s 6