HF 2418

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; requiring cemeteries to be 
  1.3             registered with the commissioner of health; providing 
  1.4             funding for enforcement of and education about preneed 
  1.5             arrangement requirements; appropriating money; 
  1.6             amending Minnesota Statutes 2000, section 149A.03; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapters 149A; 306; 307. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 149A.03, is 
  1.11  amended to read: 
  1.12     149A.03 [DUTIES OF COMMISSIONER.] 
  1.13     The commissioner shall: 
  1.14     (1) enforce all laws and adopt and enforce rules relating 
  1.15  to the: 
  1.16     (i) removal, preparation, transportation, arrangements for 
  1.17  disposition, and final disposition of dead human bodies; 
  1.18     (ii) licensure and professional conduct of funeral 
  1.19  directors, morticians, and interns; 
  1.20     (iii) licensing and operation of a funeral establishment; 
  1.21  and 
  1.22     (iv) licensing and operation of a crematory; and 
  1.23     (v) registration of a cemetery; 
  1.24     (2) provide copies of the requirements for licensure, 
  1.25  registration, and permits to all applicants; 
  1.26     (3) administer examinations and issue licenses, 
  1.27  registrations, and permits to qualified persons and other legal 
  2.1   entities; 
  2.2      (4) maintain a record of the name and location of all 
  2.3   current licensees, registered cemeteries, and interns; 
  2.4      (5) perform periodic compliance reviews and premise 
  2.5   inspections of licensees and registered cemeteries; 
  2.6      (6) accept and investigate complaints relating to conduct 
  2.7   governed by this chapter; 
  2.8      (7) maintain a record of all current preneed arrangement 
  2.9   trust accounts; 
  2.10     (8) maintain a schedule of application, examination, 
  2.11  permit, registration, and licensure fees, initial and renewal, 
  2.12  sufficient to cover all necessary operating expenses; 
  2.13     (9) educate the public about the existence and content of 
  2.14  the laws and rules for mortuary science licensing and the 
  2.15  removal, preparation, transportation, arrangements for 
  2.16  disposition, and final disposition of dead human bodies to 
  2.17  enable consumers to file complaints against licensees, 
  2.18  registered cemeteries, and others who may have violated those 
  2.19  laws or rules; 
  2.20     (10) evaluate the laws, rules, and procedures regulating 
  2.21  the practice of mortuary science in order to refine the 
  2.22  standards for licensing and to improve the regulatory and 
  2.23  enforcement methods used; and 
  2.24     (11) initiate proceedings to address and remedy 
  2.25  deficiencies and inconsistencies in the laws, rules, or 
  2.26  procedures governing the practice of mortuary science and the 
  2.27  removal, preparation, transportation, arrangements for 
  2.28  disposition, and final disposition of dead human bodies. 
  2.29     Sec. 2.  [149A.54] [REGISTRATION OF CEMETERIES.] 
  2.30     Subdivision 1.  [REGISTRATION REQUIRED.] All cemeteries in 
  2.31  the state owned by a public cemetery association, religious 
  2.32  corporation, statutory or home rule charter city, town, county, 
  2.33  or private person must be annually registered with the 
  2.34  commissioner.  To register, a registration form available from 
  2.35  the commissioner and the fee specified in subdivision 2 must be 
  2.36  submitted to the commissioner by July 1 each year.  The 
  3.1   registration period for cemeteries runs from July 1 to June 30. 
  3.2      Subd. 2.  [FEES.] (a) The following fee must be paid by a 
  3.3   cemetery upon registration and registration renewal: 
  3.4      (1) for a cemetery with one to five interments in the 
  3.5   preceding calendar year, $45; 
  3.6      (2) for a cemetery with six to 25 interments in the 
  3.7   preceding calendar year, $85; 
  3.8      (3) for a cemetery with 26 to 50 interments in the 
  3.9   preceding calendar year, $150; and 
  3.10     (4) for a cemetery with 51 or more interments in the 
  3.11  preceding calendar year, $210. 
  3.12     (b) A cemetery with no interments in the preceding calendar 
  3.13  year is not required to pay a fee with the cemetery's 
  3.14  registration. 
  3.15     (c) Fees shall not be prorated.  All fees must be credited 
  3.16  to the state government special revenue fund. 
  3.17     Sec. 3.  [306.015] [REGISTRATION WITH COMMISSIONER OF 
  3.18  HEALTH.] 
  3.19     All public cemeteries governed by this chapter must 
  3.20  register with the commissioner of health according to section 
  3.21  149A.54. 
  3.22     Sec. 4.  [307.015] [REGISTRATION WITH COMMISSIONER OF 
  3.23  HEALTH.] 
  3.24     All private cemeteries governed by this chapter must 
  3.25  register with the commissioner of health according to section 
  3.26  149A.54. 
  3.27     Sec. 5.  [APPROPRIATION.] 
  3.28     $153,000 in fiscal year 2002 and $153,000 in fiscal year 
  3.29  2003 are appropriated from the state government special revenue 
  3.30  fund to the commissioner of health to ensure compliance with 
  3.31  Minnesota Statutes, section 149A.97, by cemeteries and 
  3.32  unregulated funeral providers and to develop and implement a 
  3.33  program to educate consumers, cemeteries, and unregulated 
  3.34  funeral providers about the requirements of Minnesota Statutes, 
  3.35  section 149A.97.