55-12-19. Attorney general investigation into use of earnings fund--Subpoena.
If the attorney general has reason to believe that a perpetual care cemetery is not using the money in the earnings fund for the purposes listed in §55-12-8.1, the attorney general may investigate the use of the money in the earnings fund. The attorney general may execute in writing and may issue a subpoena upon any person who is believed to have information, documentary material, or physical evidence relevant to an alleged misuse of the money in the earnings fund. The subpoena shall require the person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which the person has knowledge, or to appear and testify, or to produce relevant documentary material or physical evidence for examination, at a reasonable time and place as stated in the subpoena.
Source: SL 2019, ch 210, §2.
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.