Text: HF02490 Text: HF02492 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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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 may adopt an ordinance
1 7 assuming jurisdiction and control of pioneer cemeteries in the
1 8 county. The board shall exercise the powers and duties of
1 9 township trustees relating to the maintenance and repair of
1 10 cemeteries in the county as provided in sections 359.28
1 11 through 359.41 except that the board shall not certify a tax
1 12 levy pursuant to section 359.30 or 359.33 and except that the
1 13 maintenance and repair of all cemeteries under the
1 14 jurisdiction of the county including pioneer cemeteries shall
1 15 be paid from the county general fund. The maintenance and
1 16 improvement program for a pioneer cemetery may include
1 17 restoration and management of native prairie grasses and
1 18 wildflowers.
1 19 3. In lieu of management of the cemeteries, the board of
1 20 supervisors may create, by ordinance, a cemetery commission to
1 21 assume jurisdiction and management of the pioneer cemeteries
1 22 in the county. The ordinance shall delineate the number of
1 23 commissioners, the appointing authority, the term of office,
1 24 officers, employees, organizational matters, rules of
1 25 procedure, compensation and expenses, and other matters deemed
1 26 pertinent by the board. The board may delegate any power and
1 27 duties relating to cemeteries which may otherwise be exercised
1 28 by township trustees pursuant to sections 359.28 through
1 29 359.41 to the cemetery commission except the commission shall
1 30 not certify a tax levy pursuant to section 359.30 or 359.33
1 31 and except that the expenses of the cemetery commission shall
1 32 be paid from the county general fund.
1 33 4. Notwithstanding sections 359.30 and 359.33, the costs
1 34 of management, repair, and maintenance of pioneer cemeteries
1 35 shall be paid from the county general fund.
2 1 Sec. 2. NEW SECTION. 331.424B CEMETERY LEVY.
2 2 The board may levy annually a tax not to exceed six and
2 3 three-fourths cents per thousand dollars of the assessed value
2 4 of all taxable property in the county to repair and maintain
2 5 all cemeteries under the jurisdiction of the board including
2 6 pioneer cemeteries and to pay other expenses of the board or
2 7 the cemetery commission as provided in section 331.325. The
2 8 proceeds of the tax levy shall be credited to the county
2 9 general fund. Sections 444.25A and 444.25B do not apply to
2 10 the property tax levied or expended for cemeteries pursuant to
2 11 section 331.325.
2 12 Sec. 3. Section 359.28, Code 1995, is amended to read as
2 13 follows:
2 14 359.28 CONDEMNATION.
2 15 The township trustees are hereby empowered to condemn, or
2 16 purchase and pay for out of the general fund, or the specific
2 17 fund voted for such purpose, and enter upon and take, any
2 18 lands within the territorial limits of such township for the
2 19 use of cemeteries, a community center or juvenile playgrounds,
2 20 in the same manner as is now provided for cities. However,
2 21 the board of supervisors or a cemetery commission appointed by
2 22 the board of supervisors shall control and maintain pioneer
2 23 cemeteries as defined in section 331.325.
2 24 HF 2491
2 25 tj/pk/25
Text: HF02490 Text: HF02492 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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