South Dakota Codified Laws
Chapter 12 - Cemetery Perpetual Care Funds
Section 55-12-4 - Continuance of operation--Cemetery principal fund deposits.

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No amount of the principal in the principal cemetery fund may be withdrawn or transferred out of the cemetery principal fund.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

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.