reglab/housing_qa huggingface dataset:
SD Codified L § 34-26A-32 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26A - Crematories And Cremations|Section 34-26A-32 - Refusal to release cremated remains--When crematory authority not liable--Court order or resolution of dispute.

34-26A-32. Refusal to release cremated remains--When crematory authority not liable--Court order or resolution of dispute.If a crematory authority is aware of any dispute concerning the release or disposition of the cremated remains, the crematory authority may refuse to release the cremated remains until the dispute has been resolved or the crematory authority has been provided with a court order authorizing the release of disposition of the cremated remains. A crematory authority is not liable for refusing to release or dispose of cremated remains in accordance with this section. Source: SL 1988, ch 283, §32.
SD Codified L § 34-26A-33 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26A - Crematories And Cremations|Section 34-26A-33 - Promulgation of rules by department--Contents--Adoption of rules by crematory authority.

34-26A-33. Promulgation of rules by department--Contents--Adoption of rules by crematory authority.The board shall promulgate reasonable rules pursuant to chapter 1-26 as may be consistent with this chapter governing the cremation of human remains. The rules specifically shall include the minimum standards of sanitation, refrigeration, required equipment, and fire protection for all crematories which the board may deem necessary for the protection of the public. A crematory authority may adopt reasonable rules, not inconsistent with this chapter, for the management and operation of a crematory. Source: SL 1988, ch 283, §33; SL 1998, ch 211, §5.
SD Codified L § 34-26A-34 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26A - Crematories And Cremations|Section 34-26A-34 - Maintenance of crematory in violation of chapter as nuisance--Abatement.

34-26A-34. Maintenance of crematory in violation of chapter as nuisance--Abatement.Maintenance or operation of a building or structure within this state as a crematory in violation of the provisions of this chapter or the rules of the department adopted pursuant thereto is a public nuisance and may be abated as provided by law. Source: SL 1988, ch 283, §34.
SD Codified L § 34-26A-35 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26A - Crematories And Cremations|Section 34-26A-35 - Holding self out as crematory authority without license or performing cremation without authorization form as misdemeanor.

34-26A-35. Holding self out as crematory authority without license or performing cremation without authorization form as misdemeanor.Holding oneself out to the public as a crematory authority without being licensed under this chapter, or performing a cremation without a cremation authorization form signed by an authorizing agent is a Class 1 misdemeanor. Source: SL 1988, ch 283, §35.
SD Codified L § 34-26A-36 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26A - Crematories And Cremations|Section 34-26A-36 - Knowingly signing false authorization form as misdemeanor.

34-26A-36. Knowingly signing false authorization form as misdemeanor.Signing a cremation authorization form with the actual knowledge that the form contains false or incorrect information is a Class 1 misdemeanor. Source: SL 1988, ch 283, §36.
SD Codified L § 34-26A-37 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26A - Crematories And Cremations|Section 34-26A-37 - Pre-need contract to specify ultimate disposition of cremated remains--Compliance with contract absent different instructions at time of death--Release from liability.

34-26A-37. Pre-need contract to specify ultimate disposition of cremated remains--Compliance with contract absent different instructions at time of death--Release from liability.Any pre-need contract sold by, or pre-need arrangements made with, a cemetery, funeral establishment, or any other party, that includes a cremation, shall specify the ultimate disposition of the cremated remains, and that portion of the agreement shall be initialed by the individual making the arrangements. If no additional or different instructions are provided to the crematory authority by the authorizing agent at the time of death, the crematory authority may release or dispose of the cremated remains as indicated in the pre-need agreement. Upon compliance with the terms of the pre-need agreement, the crematory authority is released from any liability concerning the disposition of the cremated remains. Source: SL 1988, ch 283, §37.
SD Codified L § 34-26A-38 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26A - Crematories And Cremations|Section 34-26A-38 - Right to authorize one's own cremation on pre-need basis--Witnesses--Designation of crematory authority--Transfer or cancellation--Notice to department and crematory authority.

34-26A-38. Right to authorize one's own cremation on pre-need basis--Witnesses--Designation of crematory authority--Transfer or cancellation--Notice to department and crematory authority.Any person, on a pre-need basis, may authorize his own cremation and the disposition of his cremated remains, on a pre-need cremation authorization and signed by the person as authorizing agent and by two witnesses. The person may designate the crematory authority. A copy of this form shall be retained by the person and a copy sent to the crematory authority, if designated. The person may transfer or cancel this cremation authorization at any time before his death, by providing written notice to the department and crematory authority, if applicable. Source: SL 1988, ch 283, §38.
SD Codified L § 34-26A-39 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26A - Crematories And Cremations|Section 34-26A-39 - Disposition of remains of deceased in accordance with pre-need authorization form--Best efforts of persons in possession of form or charged with making arrangements.

34-26A-39. Disposition of remains of deceased in accordance with pre-need authorization form--Best efforts of persons in possession of form or charged with making arrangements.At the time of a person's death, any person in possession of an executed pre-need cremation authorization form and any person charged with making arrangements for the final disposition of the deceased who has knowledge of the existence of an executed pre-need cremation authorization form, shall use his best efforts to ensure that the deceased is cremated and disposed of according to the instructions contained on the pre-need cremation authorization form. Source: SL 1988, ch 283, §39.
SD Codified L § 34-26A-40 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26A - Crematories And Cremations|Section 34-26A-40 - Crematory authority to comply with pre-need authorization form--Immunity from liability.

34-26A-40. Crematory authority to comply with pre-need authorization form--Immunity from liability.If a completed pre-need cremation authorization form is in the possession of, or is provided to, a crematory authority and the crematory authority is in possession of the designated human remains, the crematory authority shall cremate the human remains and dispose of the cremated remains pursuant to the instructions contained on the pre-need cremation authorization form, and may do so without any liability. Source: SL 1988, ch 283, §40.
SD Codified L § 34-26A-41 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 26A - Crematories And Cremations|Section 34-26A-41 - Employment of licensed funeral director.

34-26A-41. Employment of licensed funeral director.A crematory authority may employ a licensed funeral director for the purpose of arranging cremations with the general public, transporting human remains to the crematory, and processing all necessary paperwork. Source: SL 1988, ch 283, §41; SL 2014, ch 170, §2.
SD Codified L § 34-27-5 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 27 - Cemeteries And Burial Records|Section 34-27-5 - Racial discrimination in cemetery as petty offense--Restrictive covenants void--Immunity from liability for damages.

34-27-5. Racial discrimination in cemetery as petty offense--Restrictive covenants void--Immunity from liability for damages.It is a petty offense for any organization subject to the provisions of chapter 55-12 to deny the privilege of interment of the remains of any deceased person in any cemetery described in §55-12-1 solely because of the race or color of such deceased person. Any contract, agreement, deed, covenant, restriction, or charter provision at any time entered into, or bylaw, rule, or regulation adopted or put in force, either subsequent or prior to the effective date of this chapter, authorizing, permitting, or requiring any organization subject to the provisions of chapter 55-12 to deny such privilege of interment because of race or color of such deceased person is hereby declared to be null and void and in conflict with the public policy of this state. No organization subject to the provisions of chapter 55-12 or any director, officer, agent, employee, or trustee thereof or therefor, shall be liable for damages or other relief, or be subjected to any action in any court otherwise having jurisdiction in the premises by reason of refusing to commit any act prohibited by this section. Source: SL 1955, ch 97, §§8, 9; SDC Supp 1960, §§11.19A08, 11.9902; SL 1977, ch 190, §71.
SD Codified L § 34-27-6 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 27 - Cemeteries And Burial Records|Section 34-27-6 - Burial record book required of cemetery--Indexes--Ownership records--Official inspection.

34-27-6. Burial record book required of cemetery--Indexes--Ownership records--Official inspection.All copies of burial or removal permits shall be retained by the person in charge of any cemetery, or place of burial, and filed by him as a permanent record of such cemetery, and he shall forthwith make an exact copy of each burial or removal permit in a "burial record book," together with such additional information as may be prescribed by the secretary of health; such "burial record book" shall contain an alphabetical index, listing by name, all deceased persons interred or buried in the cemetery. Such cemetery burial record shall also provide a numerical or tract index, to be maintained by designating and numbering consecutively, each burial or removal permit, such permit number to be marked or noted on the individual grave space upon the cemetery plat or map, wherein such interment is or was made. Such person or cemetery officials shall also keep and maintain as a permanent record, the name and address of all grantees and a description of each cemetery subdivision, lot, or grave space, to whom such title has been conveyed or where certain areas have been reserved for special purposes. All such burial records together with the cemetery plat or map, shall at all times be open to official inspection. Source: SL 1931, ch 267, §10; SDC 1939, §27.0214; SL 1941, ch 124, §4; SDC Supp 1960, §27.0214 (2).
SD Codified L § 34-27-7 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 27 - Cemeteries And Burial Records|Section 34-27-7 - Purpose of requirements as to cemetery plats.

34-27-7. Purpose of requirements as to cemetery plats.It is the intent and purpose of §§34-27-8 and 34-27-9 to require every cemetery or place of burial to be platted or mapped into subdivisions, indicating individual grave spaces, thereby providing when such plat or map is placed on file in the registrar's office, a numerical or tract index of all burials recorded and for no other purpose. Source: SDC 1939, §27.0214 (1) as added by SL 1941, ch 124, §4.
SD Codified L § 34-27-8 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 27 - Cemeteries And Burial Records|Section 34-27-8 - Subdivision and platting of cemeteries required--Filing with local registrar of vital records.

34-27-8. Subdivision and platting of cemeteries required--Filing with local registrar of vital records.Every person, firm, or association, every church, religious or benevolent society, and private or public corporation, owning or having under his or its control, any cemetery or place of burial in this state, shall keep and maintain a uniform record of all burials, and shall by itself, his or its officers or agent, cause such cemetery or burial ground, or such portion thereof as may from time to time become necessary for that purpose, to be surveyed, mapped, or diagramed, and subdivided into sections, blocks, lots, individual grave spaces, avenues, walks, and streets, thereby platting or making a map or diagram thereof, which map or plat shall be filed, preserved, and maintained as a permanent cemetery record. Such plat or map, or copy thereof, shall be dated and endorsed by the person, firm, or agency drafting such plat or map, and duly filed in the office of the registrar of vital records of the registration district, wherein located, and shall become a permanent record in such office. Source: SDC 1939, §27.0214 (1) as added by SL 1941, ch 124, §4.
SD Codified L § 34-27-9 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 27 - Cemeteries And Burial Records|Section 34-27-9 - Numbering of grave spaces on cemetery plat--Designation of veterans' burials--Marking of burials.

34-27-9. Numbering of grave spaces on cemetery plat--Designation of veterans' burials--Marking of burials.Each section, block, lot, and individual grave space in a cemetery shall be regularly numbered, such numbers to appear and be marked upon the face thereof, and the map or plat required by §34-27-8 when completed shall have designated thereon, by uniform marking appearing in the proper grave spaces, all present burials and occupied graves located within such cemetery. The graves of all veterans of the armed forces of the United States, including their allies, confederate veterans, and war nurses in the time of war, and veterans as defined by §33A-2-1, located in each cemetery shall be designated by a separate and distinct uniform mark. Thereafter it shall be the duty of such person, association, or corporation in charge of such cemetery or place of burial to regularly mark and designate upon such plat or map, the exact grave space occupied at the time of interment, by all subsequent burials, within such cemetery. Source: SDC 1939, §27.0214 (1) as added by SL 1941, ch 124, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §20, eff. Apr. 12, 2011.
SD Codified L § 34-27-10 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 27 - Cemeteries And Burial Records|Section 34-27-10 - Cemetery plats received by local registrar--Posting when burial permit issued.

34-27-10. Cemetery plats received by local registrar--Posting when burial permit issued.The local registrar of vital records shall receive and file as a permanent record, the plat or map, or copy thereof, of each cemetery within his district as provided in this chapter; thereafter it shall be the duty of such registrar to regularly mark and designate upon each plat or map, the exact grave space of all subsequent burials within such cemetery, by using a uniform mark for all burials, a distinguishing and separate mark for the graves of veterans, and by inserting in such grave space, the burial or removal permit number, assigned to such burial at time of filing permit. Source: SDC 1939, §27.0217 as added by SL 1941, ch 124, §6; SL 1945, ch 105.
SD Codified L § 34-27-11 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 27 - Cemeteries And Burial Records|Section 34-27-11 - Card-index records of burials maintained by local registrar--Contents.

34-27-11. Card-index records of burials maintained by local registrar--Contents.The local registrar of vital records shall provide and maintain for all burials within his district a card-index file, alphabetical by name of deceased and under cemetery name, such card-index record to be maintained on 3x5 cards, each bearing the following information: name of cemetery, burial or removal permit number, name of deceased person, date of death, date of burial, veteran or nonveteran, location of burial by cemetery section number, block, lot, and grave number, date of filing, and book and page number wherein such permit is recorded. The registrar in maintaining such card-index record, shall use a white or buff colored card for the recording of each nonveteran and a blue or cherry colored card for recording each veteran's burial, for ready reference. Source: SDC 1939, §27.0217 as added by SL 1941, ch 124, §6; SL 1945, ch 105.
SD Codified L § 34-27-12 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 27 - Cemeteries And Burial Records|Section 34-27-12 - Supervision of burial record system by Department of Health--Enforcement powers.

34-27-12. Supervision of burial record system by Department of Health--Enforcement powers.For the purpose of locating the exact grave or burial space and the compiling and maintenance of an adequate and uniform burial-record system of the burials of all deceased persons, now located, together with all subsequent burials, within all cemeteries in the State of South Dakota, including the graves of veterans of the armed forces of the United States, including the allies, confederate veterans, and war nurses in the time of war and veterans as defined by §33A-2-1, and making available such records for reporting to the United States government under the provisions of the federal laws, respecting the erection of government headstones at the graves of such veterans or war nurses of the Army of the United States, the Department of Health shall have charge of and shall supervise the registration of all burials in each registration district, and shall prepare the necessary instructions for obtaining, preserving as a permanent record, and maintaining the registration of all burials, by the registrar of each registration district, and by all individuals, associations, churches, religious and benevolent societies, and all public or private corporations, within this state, having under their care or control any cemetery or place of burial. The said department shall be charged with the uniform and thorough enforcement of the law throughout the state and the Department of Health shall from time to time, in compliance with chapter 1-26, make such rules and regulations, not inconsistent with the laws of this state, necessary for the carrying out of such registration. Source: SL 1931, ch 267, §1; SDC 1939, §27.0201; SL 1941, ch 124, §1; SL 1945, ch 103, §1; SL 1972, ch 15, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §20, eff. Apr. 12, 2011.
SD Codified L § 34-27-13 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 27 - Cemeteries And Burial Records|Section 34-27-13 - Filing by local registrars of data from graves registration survey project--Fees not receivable.

34-27-13. Filing by local registrars of data from graves registration survey project--Fees not receivable.The local registrar of each registration district within the state is hereby authorized to receive and file in his office as a permanent record any information or data, pertaining to burials within his registration district, compiled by the "graves registration survey project," a state-wide survey, sponsored by the South Dakota Military Department through the cooperating sponsorship of the American Legion and under the works projects administration of South Dakota, together with maps or drawings of cemeteries in such district, to the end that said registrar with the cooperation of the graves registration survey project, may use such information or data in completing and bringing up to date, burial records as to all past burials; it is the intent and purpose of this chapter that all burials and all information pertaining thereto, including those of veterans who served in the military or naval forces of the United States in the time of war and those of veterans as defined by §33A-2-1, buried within this state, be placed on record and hereafter maintained therein as a permanent record; providing such information with reference to past burials in compiled and cemetery maps drafted and presented for filing, is without additional expense to the State of South Dakota. No registrar shall receive any fee for filing or recording such compiled burial information or cemetery map or maps. Source: SDC 1939, §27.0216 as added by SL 1941, ch 124, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §20, eff. Apr. 12, 2011.
SD Codified L § 34-27-14 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 27 - Cemeteries And Burial Records|Section 34-27-14 - Violation or failure to maintain records as misdemeanor.

34-27-14. Violation or failure to maintain records as misdemeanor.Any person, officer, agent, or employee of any other person or of any corporation or partnership who shall:(1)Refuse or fail to furnish correctly any information in his possession or shall furnish false information affecting any certificate or record required by this chapter;(2)Intentionally alter, otherwise than as provided by §34-25-51, or falsify any record required by this chapter; or(3)Being a person, firm, association, church, religious or benevolent society, or corporation, or an employee, officer, or agent thereof, owning or having under his or its control, any cemetery or place of burial, fail, neglect, or refuse to keep and maintain the record of burials as required by this chapter;is guilty of a Class 2 misdemeanor. Source: SL 1931, ch 267, §21; SDC 1939, §27.9902; SL 1941, ch 124, §8; SL 1977, ch 190, §72.
SD Codified L § 34-27-15 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 27 - Cemeteries And Burial Records|Section 34-27-15 - Duty of reinterment when cemetery removed--Punishment for omission of duty.

34-27-15. Duty of reinterment when cemetery removed--Punishment for omission of duty.Whenever a cemetery or other place of burial is lawfully authorized to be removed from one place to another the right and duty to disinter, remove, and rebury the remains of bodies there lying buried devolves upon the persons named in §§34-26-16 and 34-26-17 in the order in which they are named, and if they all fail to act, then upon the lawful custodians of the place of burial so removed. Every omission of such duty is punishable in the same manner as omissions are made punishable by §34-26-18 to perform the duty of making burial. Source: PenC 1877, §361; CL 1887, §6562; RPenC 1903, §366; RC 1919, §3880; SDC 1939, §27.1305.
SD Codified L § 34-27-16 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 27 - Cemeteries And Burial Records|Section 34-27-16 - Liability for expense of reinterment on removal of cemetery.

34-27-16. Liability for expense of reinterment on removal of cemetery.The expense of removal pursuant to §34-27-15 shall be paid by the person for whose benefit or upon whose complaint or petition it was made, before any order for such removal is made, with the right of such person to recover such expense from the estate of the decedent or persons legally chargeable with his burial expense if it appears that such removal was ordered as a matter of legal right instead of for the accommodation of the applicant for such order. Source: SDC 1939, §27.1305.