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Text: HF02303                           Text: HF02305
Text: HF02300 - HF02399                 Text: HF Index
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House File 2304

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  331.325  CONTROL AND MAINTENANCE
  1  2 OF PIONEER CEMETERIES – CEMETERY COMMISSION.
  1  3    1.  As used in this section, "pioneer cemetery" means a
  1  4 cemetery where there have been six or fewer burials in the
  1  5 preceding fifty years.
  1  6    2.  Each county board of supervisors shall adopt an
  1  7 ordinance assuming jurisdiction and control of pioneer
  1  8 cemeteries in the county.  The board shall exercise the powers
  1  9 and duties of township trustees relating to the maintenance
  1 10 and repair of cemeteries in the county as provided in sections
  1 11 359.28 through 359.41.
  1 12    3.  In lieu of management of the cemeteries, the board of
  1 13 supervisors may create, by ordinance, a cemetery commission to
  1 14 assume jurisdiction and management of the pioneer cemeteries
  1 15 in the county.  The ordinance shall delineate the number of
  1 16 commissioners, the appointing authority, the term of office,
  1 17 officers, employees, organizational matters, rules of
  1 18 procedure, compensation and expenses, and other matters deemed
  1 19 pertinent by the board.  The board may delegate any power and
  1 20 duties relating to cemeteries which may otherwise be exercised
  1 21 by township trustees pursuant to sections 359.28 through
  1 22 359.41 to the cemetery commission except that the board shall
  1 23 have power to approve or disapprove any tax levy certified by
  1 24 the cemetery commission.
  1 25    Sec. 2.  Section 359.28, Code 1995, is amended to read as
  1 26 follows:
  1 27    359.28  CONDEMNATION.
  1 28    The township trustees are hereby empowered to condemn, or
  1 29 purchase and pay for out of the general fund, or the specific
  1 30 fund voted for such purpose, and enter upon and take, any
  1 31 lands within the territorial limits of such township for the
  1 32 use of cemeteries, a community center or juvenile playgrounds,
  1 33 in the same manner as is now provided for cities.  However,
  1 34 the board of supervisors or a cemetery commission appointed by
  1 35 the board of supervisors shall control and maintain pioneer
  2  1 cemeteries as defined in section 331.325.
  2  2    Sec. 3.  FUNDING.  The costs of managing and maintaining
  2  3 pioneer cemeteries shall be paid from the proceeds of existing
  2  4 taxing authorities in sections 359.30 and 359.33.  
  2  5                           EXPLANATION
  2  6    This bill directs the board of supervisors of each county
  2  7 to assume control and management of pioneer cemeteries which
  2  8 are defined to include cemeteries which have had six or fewer
  2  9 burials in the preceding 50 years.  The board has the powers
  2 10 and duties relating to cemeteries as provided for township
  2 11 trustees in sections 359.28 through 359.41.  The board of
  2 12 supervisors may also establish a cemetery commission to
  2 13 control and maintain the pioneer cemeteries in the county.
  2 14    This bill may include a state mandate as defined in section
  2 15 25B.3.  The costs of managing and maintaining pioneer
  2 16 cemeteries shall be paid from the proceeds of existing tax
  2 17 levies pursuant to sections 359.30 and 359.33.  
  2 18 LSB 3941HH 76
  2 19 tj/jj/8
     

Text: HF02303                           Text: HF02305
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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