HF 4100

as introduced - 90th Legislature (2017 - 2018) Posted on 03/21/2018 11:59am

A bill for an act
relating to cemeteries; providing for the mandatory transfer of certain abandoned
cemeteries; requiring a report to the state auditor on abandoned cemeteries;
amending Minnesota Statutes 2016, section 306.243, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 306.243, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Mandatory transfer of abandoned cemeteries. new text end

new text begin (a) Consistent with the
provisions of this chapter, the statutory or home rule charter city, town, or county in which
an abandoned cemetery is wholly or partly located must:
new text end

new text begin (1) provide for the management and supervision of the maintenance and care of the
abandoned cemeteries located there; and
new text end

new text begin (2) accept a transfer of an abandoned cemetery when the cemetery association has
adopted a resolution to transfer the cemetery to the statutory or home rule charter city, town,
or county as provided by section 306.025.
new text end

new text begin (b) Paragraph (a) applies only to abandoned cemeteries where a veteran as defined in
section 197.447 is known or can be proven to be interred.
new text end

new text begin (c) Every statutory or home rule charter city, town, or county in which an abandoned
cemetery is located must file a report with the state auditor by November 30, 2018, providing
a plan to maintain and manage each cemetery, including whether or not the cemetery will
be transferred, moved, or closed. The state auditor shall compile these reports and make
them available to the public.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end