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Minnesota Legislature

Office of the Revisor of Statutes

SF 2716

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to town cemeteries; specifying uses of certain cemetery funds; amending
Minnesota Statutes 2006, sections 365.29; 365.30; 365.31; 365.33, subdivision
4; 365.35; 365.36, subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2006, section 365.29, is amended to read:


365.29 PART OF LOT PRICE GOES TO CEMETERY FUND.

A town's board may require that part of the price paid for a lot in its cemetery goes
into a permanent fund. The money in the fund must be deposited under section 365.32.
deleted text begin Interestdeleted text endnew text begin Moneynew text end from the fund new text beginin an amount sufficient to care for and beautify the lot new text endmust
be paid annually to the cemetery's directors. The directors shall spend the new text beginamount of
new text endmoney new text beginneeded new text endto care for and beautify the lotnew text begin as directed by the town boardnew text end. The amount
spent on a lot must be in the same proportion that the part of the price put in the fund
from the sale of that lot is of the total fund.new text begin Money from the fund must not be used for
routine cemetery maintenance.
new text end

Sec. 2.

Minnesota Statutes 2006, section 365.30, is amended to read:


365.30 BOARD SETS LOT CARE SHAREdeleted text begin, HOW INTEREST USED.deleted text end new text begin; USE
OF FUNDS.
new text end

A town's board deleted text beginmaydeleted text endnew text begin shallnew text end decide the share of its cemetery lot price that is for caring
for and beautifying the lot and the cemetery. The board may also require the cemetery
directors to spend deleted text beginthe interest on the sharedeleted text endnew text begin additional money from the permanent fundnew text end as
set out in sections 365.29 to 365.36.

Sec. 3.

Minnesota Statutes 2006, section 365.31, is amended to read:


365.31 GIFT FOR CEMETERY OR LOT; USE deleted text beginINTERESTdeleted text endnew text begin FUNDSnew text end FOR
CARE.

A town's board and the directors of its cemetery may accept a gift of money to the
cemetery fund. They may require that the new text beginprincipal and new text endinterest from the deposit of the
gift be used by the directors to care for and beautify the cemetery or its lots. If a donor
gives a gift for use of a specific lot, the board or the directors may accept the gift and then
shall use it and interest on it on that lot.

Sec. 4.

Minnesota Statutes 2006, section 365.33, subdivision 4, is amended to read:


Subd. 4.

Withdrawal, use of deleted text begininterestdeleted text endnew text begin moneynew text end.

Annually the county treasurer shall
withdraw deleted text beginthe interest earned ondeleted text end new text beginmoney from new text endthe fund deleted text beginmoneydeleted text endnew text begin as directed by the town board
new text end and pay it to the directors of the cemetery. The directors may use the deleted text begininterestdeleted text end new text beginmoney new text endonly
for purposes of sections 365.29 to 365.36.

Sec. 5.

Minnesota Statutes 2006, section 365.35, is amended to read:


365.35 FUND PRINCIPAL, EXTRA INTEREST deleted text beginNEVER TO BE USEDdeleted text end.

The principal of a town's cemetery fund must deleted text beginneverdeleted text end be usednew text begin as directed by the town
board
new text end. Interest earned by the fund that is not needed to care for or beautify the cemetery or
its lots in any year must be added to the principal by the cemetery's directors.

Sec. 6.

Minnesota Statutes 2006, section 365.36, subdivision 2, is amended to read:


Subd. 2.

County treasurer's duties.

The town board and the cemetery directors
may require the county treasurer to withdraw money from the depository for investment
under this section. The securities invested in must remain with the county treasurer.
The bond of the county treasurer is security for the proper care of the securities. The
bond is also security for the payment to the cemetery directors of interest earned by the
securities and received by the treasurer. On receiving payments on the securities the
county treasurer shall deposit the payments in the county depository. The county treasurer
also shall collect the interest on money loaned from the fund. The county treasurer shall
then pay the money received and collected to the directors of the cemetery when they ask
for it. Annually the county treasurer shall pay the cemetery directors all interest on money
received or collected on money deposited or invested under sections 365.29 to 365.36new text begin, and
principal as directed by the town board
new text end.

Sec. 7.

Minnesota Statutes 2006, section 365.36, subdivision 3, is amended to read:


Subd. 3.

Treasurer's report and statements.

Before March 2 each year the county
treasurer shall make a report to the town board. The report must have a statement of all
money received by the treasurer under sections 365.29 to 365.36 during the last calendar
year. The statement must include:

(1) the amount of money and the amount of securities in the permanent fund on
the first day of the calendar year;

(2) the amount of money paid into the fund during the year;

(3) the amount of money invested in securities in the year;

(4) the amount of money and the amount of securities in the fund at the end of
the calendar year;

(5) the amount of interest collected on the fund and turned over to the directors; deleted text beginand
deleted text end

(6) the amount of excess interest returned by the directors, deposited in the treasury,
and added to the permanent funddeleted text begin.deleted text endnew text begin; and
new text end

new text begin (7) the amount of principal in the fund turned over to the directors at the direction
of the town board.
new text end