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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 48-H.F.No. 1234 
                  An act relating to cemeteries; providing for 
                  correction of interment errors; proposing coding for 
                  new law in Minnesota Statutes, chapters 306; 307. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [306.155] [CORRECTION OF INTERMENT ERRORS.] 
           Subdivision 1.  [REQUIREMENT.] If the operator of a 
        cemetery is informed or becomes aware that it has interred or 
        permitted the interment of a body or remains in the wrong burial 
        space, unless the interested parties have agreed otherwise in 
        writing, it shall disinter the burial container wrongfully 
        interred, identify the burial container, and reinter it in the 
        proper burial space.  The cemetery must give reasonable notice, 
        in advance of the disinterment, to the nearest known next of kin 
        of the deceased person and, if requested, the owner of the 
        burial space.  
           Subd. 2.  [WITNESSES.] At the time specified for the 
        disinterment and reinterment, the cemetery must permit the 
        nearest known next of kin and, if requested, the owner of the 
        burial space to witness the disinterment and reinterment.  
           Subd. 3.  [COSTS.] The cemetery must bear all costs of the 
        disinterment and reinterment.  
           Sec. 2.  [307.115] [CORRECTION OF INTERMENT ERRORS.] 
           Section 306.155 applies to private cemeteries subject to 
        this chapter.  
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective the day following final 
        enactment. 
           Presented to the governor May 12, 2003 
           Signed by the governor May 15, 2003, 3:45 p.m.