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