55-12-4. Continuance of operation--Cemetery principal fund deposits.
To continue to operate as a perpetual care cemetery, any such organization shall set aside and deposit in the cemetery principal fund not less than the following amounts for lots of interment space thereafter sold or disposed of:
(1)A minimum of twenty percent of the gross selling price with a minimum of twenty dollars for each adult burial space, whichever is the greater.
(2)A minimum of twenty percent of the gross selling price for each child's space with a minimum of five dollars for each space up to forty-two inches in length or ten dollars for each space up to sixty inches in length, whichever is the greater.
(3)A minimum of twenty percent of the gross selling price with a minimum of one hundred dollars for each crypt in a public mausoleum, whichever is the greater.
(4)A minimum of twenty percent of the gross selling price with a minimum of ten dollars for each inurnment niche in a public columbarium.
No amount of the principal in the principal cemetery fund may be withdrawn or transferred out of the cemetery principal fund.
Source: SL 1955, ch 97, §3; SDC Supp 1960, §11.19A03; SL 2014, ch 228, §3, 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.