55-12-18. Funds to be administered by trustee under control of licensed banking institution--Report to secretary of state.
If a perpetual care cemetery has more than three thousand people buried in the cemetery, the cemetery shall transfer all moneys from the perpetual care fund into the principal fund. The principal fund and the earnings fund of a perpetual cemetery shall be administered by an independent trustee and shall remain in the control of a licensed banking institution. No moneys may be taken out of the principal fund to pay for the costs of administering the funds. The principal fund and the earnings fund are open for public inspection. Each perpetual care cemetery shall submit a report to the secretary of state that includes the name and address of the licensed banking institution and the account numbers of the principal account and the earnings account by April 1, 2014.
Source: SL 2014, ch 228, ยง6, eff. Mar. 28, 2014.
Structure 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 55-12-8 - 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 55-12-15 - Violations as petty offenses.
Section 55-12-16 - Severability of provisions.
Section 55-12-17 - Annual financial report.
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.