HF 2323

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public cemeteries; increasing the per acre 
  1.3             ceiling amount for the perpetual care fund from 
  1.4             $25,000 to $35,000; amending Minnesota Statutes 2002, 
  1.5             section 306.41. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 306.41, is 
  1.8   amended to read: 
  1.9      306.41 [ESTABLISHMENT OF PERMANENT CARE AND IMPROVEMENT 
  1.10  FUND.] 
  1.11     (a) The entities provided in paragraph (b) may by a 
  1.12  unanimous vote taken at any regular meeting or special meeting 
  1.13  called for that purpose, provide in accordance with sections 
  1.14  306.41 to 306.54 for the establishment of a permanent fund to be 
  1.15  deposited or invested as provided in section 306.44.  The income 
  1.16  of the fund must be devoted to the care, maintenance, and 
  1.17  improvement of the cemetery.  The fund must be known as the 
  1.18  permanent care and improvement fund of the cemetery of the 
  1.19  municipality or incorporation.  The establishment of a permanent 
  1.20  care and improvement fund shall not be considered to violate any 
  1.21  existing law against perpetuities or suspend the power of 
  1.22  alienation.  The fund authorized by this section must not be 
  1.23  allowed to exceed $25,000 $35,000 per acre of the cemetery to be 
  1.24  cared for. 
  1.25     (b) Any of the following entities may provide for the 
  2.1   establishment of a fund if it has established and is maintaining 
  2.2   a cemetery of at least one-half acre, a plat of which is on file 
  2.3   in the office of the county recorder of the county in which the 
  2.4   cemetery is located: 
  2.5      (1) the board of supervisors of a town; 
  2.6      (2) the governing body of a city or statutory city; or 
  2.7      (3) the board of trustees, or the directors, not less than 
  2.8   three in number, of a religious corporation or of an association 
  2.9   formed under state law to maintain a cemetery in this state.