2013 -- S 0880

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LC02373

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO TOWNS AND CITIES - COUNCILS AND GOVERNING BODIES

     

     

     Introduced By: Senator Louis P. DiPalma

     Date Introduced: April 25, 2013

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-5-11 of the General Laws in Chapter 45-5 entitled "Councils and

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Governing Bodies" is hereby amended to read as follows:

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     45-5-11. Burial lands and funds. -- (a) Town councils may take and hold, to them and

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their successors in office, all lands within their towns, conveyed to them in trust for burial

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purposes and, in like manner, may receive, hold, and manage all funds conveyed to them for the

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purpose of ornamenting or keeping in repair these burial lots within their towns, and execute the

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trusts in accordance with the terms contained in the instruments of conveyance. Funds received,

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or already received, may be placed in a general burial lot fund and this fund may be invested in

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securities which are legal for investment of funds of savings banks in this state. The earnings of

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this fund shall be apportioned to the various individual trusts in the proportion each trust,

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including any undisbursed earnings, bears in relation to the total of the general burial lot fund.

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Funds received or already received for the purpose of ornamenting or keeping in repair burial lots

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in town-owned cemeteries may be placed in a general burial lot fund, and this fund may be

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invested in securities which are legal for investment of funds of savings banks in this state. The

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earnings of this fund shall be apportioned to the individual trusts in the proportion that the

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principal of each trust bears in relation to the total principal in the general burial lot fund.

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      (b) Effective July 1, 1976, the town of Bristol shall not apportion the earned income of

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the fund, and it shall be used for maintenance of the entire burial ground.

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      (c) Effective July 1, 1979, the towns of Tiverton and Richmond shall not apportion the

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earned income of their respective funds, and it shall be used for maintenance of their entire burial

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grounds.

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     (d) Effective July 1, 2013, the town of Middletown shall not apportion the earned income

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of the fund, and it shall be used for maintenance of the entire burial ground.

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     SECTION 2. This act shall take effect upon passage.

     

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LC02373

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES - COUNCILS AND GOVERNING BODIES

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     This act would exempt Middletown from the requirement to apportion the earned income

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from the peripheral care fund to individual burial lots, and would allow Middletown to use earned

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income for maintenance of the entire burial ground.

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     This act would take effect upon passage.

     

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LC02373

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S0880