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HOUSE DOCKET, NO. 719         FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 567


The Commonwealth of Massachusetts



Timothy R. Madden and Daniel A. Wolf


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act establishing a separate cemetery commission for the town of Nantucket.






Timothy R. Madden

Barnstable, Dukes and Nantucket

Daniel A. Wolf


HOUSE DOCKET, NO. 719        FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 567

By Mr. Madden of Nantucket and Senator Wolf,  a joint petition (accompanied by bill, House, No. 567) of Timothy  R. Madden and Daniel Wolf (by vote of the town) relative to establishing a separate cemetery commission for the town of Nantucket.  House Steering, Policy and Scheduling.  [Local Approval Received.]

The Commonwealth of Massachusetts


In the Year Two Thousand Eleven



An Act establishing a separate cemetery commission for the town of Nantucket.

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

              SECTION 1. For the purposes of this act, the words and phrases set forth in this section shall have the following meanings: 
The Board of Cemetery Commissioners of the Town of Nantucket shall consist of five persons appointed by the Board of Selectmen. Two Commissioners shall be appointed for three years, one Commissioner shall be appointed for two years and two Commissioners shall be appointed for one year. Thereafter, the terms shall be appointed for three years.

The Cemetery Commission shall meet from time to time and no less than annually, and organize by the choice of its members a Chairman, a Vice Chairman and a Secretary.  It shall be the duty of the Secretary to keep a record of the doings, receipts and expenditures of the Cemetery Commission and render a specific report to be filed with the Town Clerk and the Board of Selectmen on or about July 15, to be printed in the Annual Town Report.

SECTION 2.  Duties of the Cemetery Commission.

A.              The Cemetery Commission shall have full charge of all of the public cemeteries of the Town, to lay out the same into lots, to execute and deliver deeds therefore, and to erect all necessary signs, fences, buildings and other structures in or about the same, at an expense not to exceed, in any case, the amount of the funds at its disposal.
B.              The Cemetery Commission shall direct the expenditures of all general cemetery funds in the cemetery account and of all specific appropriations, unless otherwise ordered by the Town, and the income of all trust funds held by the Town for cemetery purposes, conforming to the directions of the depositor.
C.              The Cemetery Commission shall keep a complete record of all sales of lots in the public cemeteries of the Town and the deeds thereof, together with the names of the deceased and the location of the graves.  True copies of all such deeds, names, and grave locations shall be on file with the Town Clerk.

SECTION 3.   Authority to make rules and regulations.
The Cemetery Commissioners, with the approval of the Board of Selectmen, are hereby authorized and empowered to make changes to cemetery rules and regulations not contrary to law with regard to the use of the Town cemeteries, and said rules and regulations shall be on file with the Town Clerk.
SECTION 4.  This act, being necessary for the welfare of the town and county of Nantucket and its inhabitants, shall be liberally construed to effect its purposes.
SECTION 5.  This act shall become effective on the date passed by the Legislature, or approved by the Governor. 
BOARD OF SELECTMEN COMMENT:  The Board of Selectmen supports the Finance Committee Motion.

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