House
Study
Bill
234
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
BLOOMINGDALE)
A
BILL
FOR
An
Act
relating
to
the
jurisdiction
and
management
of
pioneer
1
cemeteries.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2232YC
(2)
88
js/rn
H.F.
_____
Section
1.
Section
331.325,
subsections
1
and
3,
Code
2019,
1
are
amended
to
read
as
follows:
2
1.
As
used
in
this
section
,
“pioneer
cemetery”
means
a
3
cemetery
where
there
have
been
twelve
or
fewer
burials
in
the
4
preceding
fifty
years
except
as
provided
in
subsection
3
.
5
3.
a.
In
lieu
of
management
of
the
cemeteries,
the
6
board
of
supervisors
may
create,
by
ordinance,
a
cemetery
7
commission
to
assume
jurisdiction
and
management
of
the
pioneer
8
cemeteries
in
the
county.
The
ordinance
shall
delineate
the
9
number
of
commissioners,
the
appointing
authority,
the
term
of
10
office,
officers,
employees,
organizational
matters,
rules
of
11
procedure,
compensation
and
expenses,
and
other
matters
deemed
12
pertinent
by
the
board.
The
board
may
delegate
any
power
and
13
duties
relating
to
cemeteries
which
that
may
otherwise
be
14
exercised
by
township
trustees
pursuant
to
sections
359.28
15
through
359.40
to
the
cemetery
commission
except
the
commission
16
shall
not
certify
a
tax
levy
pursuant
to
section
359.30
or
17
359.33
and
except
that
the
expenses
of
the
cemetery
commission
18
shall
be
paid
from
the
county
general
fund.
19
b.
The
cemetery
commission,
once
created,
may
continue
to
20
assume
jurisdiction
and
management
of
a
cemetery
that
would
21
no
longer
qualify
as
a
pioneer
cemetery
due
to
recent
burials
22
if
the
cemetery
qualified
as
a
pioneer
cemetery
upon
or
after
23
creation
of
the
cemetery
commission.
The
choice
to
continue
24
retaining
jurisdiction
and
control
of
a
cemetery
that
no
longer
25
qualifies
as
a
pioneer
cemetery
shall
be
in
the
sole
discretion
26
of
the
cemetery
commission.
27
c.
The
board
and
the
cemetery
commission,
if
created
28
pursuant
to
paragraph
“a”
,
may,
by
a
majority
vote
of
both
the
29
board
and
the
commission,
respectively,
amend
the
definition
of
30
“pioneer
cemetery”
in
the
county
to
mean
a
cemetery
where
there
31
have
been
twenty-four
or
fewer
burials
in
the
preceding
fifty
32
years.
33
Sec.
2.
Section
523I.102,
subsection
39,
Code
2019,
is
34
amended
to
read
as
follows:
35
-1-
LSB
2232YC
(2)
88
js/rn
1/
2
H.F.
_____
39.
“Pioneer
cemetery”
means
a
cemetery
where
there
were
1
twelve
or
fewer
burials
in
the
preceding
fifty
years
except
as
2
provided
in
section
331.325
.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
Under
current
law,
a
pioneer
cemetery
is
a
cemetery
where
7
there
have
been
12
or
fewer
burials
in
the
preceding
50
years.
8
A
county
board
of
supervisors
has
the
authority
to
create,
by
9
ordinance,
a
cemetery
commission
that
shall
assume
jurisdiction
10
and
control
of
the
pioneer
cemeteries
in
the
county.
11
This
bill
allows
a
cemetery
commission
to
retain
12
jurisdiction
and
control
of
a
cemetery
that
was
a
pioneer
13
cemetery
upon
or
after
creation
of
the
cemetery
commission,
14
but
is
no
longer
considered
a
pioneer
cemetery
due
to
recent
15
burials.
The
decision
to
continue
retaining
jurisdiction
and
16
control
belongs
solely
to
the
cemetery
commission.
The
bill
17
also
allows
a
board
and
a
cemetery
commission,
if
created,
18
by
a
majority
vote
of
both
the
board
and
the
commission,
19
respectively,
to
amend
the
definition
of
“pioneer
cemetery”
in
20
the
county
to
mean
a
cemetery
where
there
have
been
24
or
fewer
21
burials
in
the
preceding
50
years.
22
-2-
LSB
2232YC
(2)
88
js/rn
2/
2