SF 170

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to local government; providing that 
  1.3             maintenance of abandoned or neglected cemeteries by 
  1.4             nonprofit organizations does not create an employment 
  1.5             relationship or liability for local governments; 
  1.6             amending Minnesota Statutes 1994, sections 306.243, 
  1.7             subdivision 3; and 306.246. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 306.243, 
  1.10  subdivision 3, is amended to read: 
  1.11     Subd. 3.  [DELEGATION OF DUTIES.] The management and 
  1.12  supervision of the maintenance and care of the abandoned 
  1.13  cemeteries, and abandoned or neglected private cemeteries, or 
  1.14  the removal of bodies as provided in this section must be 
  1.15  delegated by the county board to the county highway department 
  1.16  or to some existing cemetery association, veterans organization 
  1.17  or Boy Scouts of America Area Council, or other charitable 
  1.18  institution organization.  That organization is responsible to 
  1.19  the county board for its acts.  If the county board delegates 
  1.20  work described in this subdivision to an organization described 
  1.21  in this section, other than the county highway department, then 
  1.22  persons who do the work under the auspices of the organization 
  1.23  are not, solely on that basis, employees of the county for any 
  1.24  purpose, and neither the county, county employees, the county 
  1.25  board, nor the members of the county board are liable for any 
  1.26  tort or other act or omission committed by or upon the 
  2.1   organization, its members, or persons who do the work under the 
  2.2   auspices of the organization. 
  2.3      Sec. 2.  Minnesota Statutes 1994, section 306.246, is 
  2.4   amended to read: 
  2.5      306.246 [CEMETERY MAINTENANCE FUNDS.] 
  2.6      A county, city, or town may disburse funds for the general 
  2.7   maintenance of abandoned or neglected cemeteries.  If a county, 
  2.8   city, or town contracts with or permits a charitable 
  2.9   organization to maintain those cemeteries, the persons who do 
  2.10  the work under the auspices of the organization are not, solely 
  2.11  on that basis, employees of the county, city, or town for any 
  2.12  purpose, and the county, city, town, or employees of the county, 
  2.13  city, or town, are not liable for any tort or other act or 
  2.14  omission committed by or upon the organization, its members, or 
  2.15  persons who do the work under the auspices of the organization. 
  2.16     Sec. 3.  [EFFECTIVE DATE.] 
  2.17     Sections 1 and 2 are effective the day following final 
  2.18  enactment and apply to torts or other acts or omissions 
  2.19  committed on or after that date.