South Dakota Codified Laws
Chapter 12 - Cemetery Perpetual Care Funds
Section 55-12-1 - Cemeteries subject to provisions of chapter.

55-12-1. Cemeteries subject to provisions of chapter.
Any persons, firms, or corporations or other forms of organization organized or engaging in the business under the laws of the State of South Dakota, or wheresoever organized and engaging in the business in the State of South Dakota, of the ownership, maintenance or operation of a cemetery, providing lots or other interment space therein for the remains of human bodies, except such organizations which are churches or religious or established fraternal societies, or municipalities or other political subdivisions of the State of South Dakota owning, maintaining or operating cemeteries, or persons, firms, or corporations owning and operating cemeteries which have been in existence more than five years prior to February 28, 1955 shall be subject to the provisions of this chapter.

Source: SL 1955, ch 97, §1; SDC Supp 1960, §11.19A01; SL 1992, ch 60, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 55 - Fiduciaries and Trusts

Chapter 12 - Cemetery Perpetual Care Funds

Section 55-12-1 - Cemeteries subject to provisions of chapter.

Section 55-12-2 - Classification of cemeteries.

Section 55-12-3 - Operation of perpetual care cemetery--Creation of perpetual care fund required.

Section 55-12-4 - Continuance of operation--Cemetery principal fund deposits.

Section 55-12-5 - Previously existing cemetery becoming a perpetual care cemetery--Creation and maintenance of perpetual care fund.

Section 55-12-8 - Income from cemetery principal fund--Transfer to earnings fund--Use.

Section 55-12-9 - Nonperpetual care cemeteries.

Section 55-12-10 - Nonperpetual care cemetery sign--Requirements as to display.

Section 55-12-11 - Forms to disclose status as nonperpetual care cemetery--Information to purchaser of lot.

Section 55-12-12 - Nonperpetual care cemetery becoming a perpetual care cemetery--Creation and maintenance of perpetual care fund.

Section 55-12-13 - Commission, bonus, rebate or other thing of value in connection with sale of interment space in perpetual care cemetery prohibited--Exceptions.

Section 55-12-14 - Representations in connection with sale of interment space as to speculative investment prohibited.

Section 55-12-15 - Violations as petty offenses.

Section 55-12-16 - Severability of provisions.

Section 55-12-17 - Annual financial report.

Section 55-12-18 - Funds to be administered by trustee under control of licensed banking institution--Report to secretary of state.

Section 55-12-19 - Attorney general investigation into use of earnings fund--Subpoena.

Section 55-12-20 - Procedures available to attorney general.

Section 55-12-21 - Court action to enforce compliance.

Section 55-12-22 - Injunction to restrain use of money in earnings fund.

Section 55-12-23 - Restoration of misused money or property--Appointment of receiver.

Section 55-12-24 - Authority of receiver.