reglab/housing_qa huggingface dataset:
SD Codified L § 55-11-8 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 11 - Prearranged Funeral Trusts|Section 55-11-8 - Information to be submitted upon registration.

55-11-8. Information to be submitted upon registration.When a person registers to sell prearranged funeral trust contracts, he shall submit to the State Board of Funeral Service the following information:(1)The name and address of the funeral establishment or cemetery association which has authorized him to sell prearranged funeral trust contracts;(2)His name and address;(3)A sworn statement that he has not been convicted of any crime within the last five years involving the elements of fraud or misrepresentation; and(4)A statement of compliance with chapter 37-13. Source: SL 1986, ch 408, §6.
SD Codified L § 55-11-9 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 11 - Prearranged Funeral Trusts|Section 55-11-9 - Annual report required--Contents--Filing fee--Confidentiality--Violation as misdemeanor.

55-11-9. Annual report required--Contents--Filing fee--Confidentiality--Violation as misdemeanor.Before March first of each year, the owner or manager of each cemetery association or licensed funeral establishment that has entered into any prearranged funeral trust contracts shall file a report covering the period of the preceding calendar year with the State Board of Funeral Service. The report shall include:(1)The name and address of the licensed funeral establishment or cemetery association, the name and address of the manager or operator thereof, and the name of the contract holder;(2)The lump sum consideration paid upon each prearranged funeral trust contract sold or the total amount in dollars of any installments paid upon each prearranged funeral trust contract sold;(3)The name and address of the banking institution, federal credit union or savings and loan association in which such consideration was deposited;(4)The total in dollars of all sums received as consideration upon prearranged funeral trust contracts executed by the licensed funeral establishment or cemetery association or in its behalf during all periods after July 1, 1986, which are undrawn or unexpended and on deposit in a banking institution, federal credit union or savings and loan association or in the hands of the licensed funeral establishment or cemetery association; and(5)The current value, including accrued interest of each prearranged funeral trust contract being held.The report shall be accompanied by a filing fee of five dollars. The contracts filed under this section are not public records and are confidential records of the board. Failure to file this report is a Class 2 misdemeanor. Source: SL 1986, ch 408, §11; SL 1990, ch 388.
SD Codified L § 55-11-10 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 11 - Prearranged Funeral Trusts|Section 55-11-10 - Applicability of § 37-24-5.4.

55-11-10. Applicability of §37-24-5.4.Notwithstanding §§55-11-1, 55-11-3, 55-11-5 and 55-11-5.1 and notwithstanding that the prearranged funeral trust contract may create an irrevocable trust, all prearranged funeral trust contracts are subject to the requirements of §37-24-5.4. Source: SL 1986, ch 408, §8.
SD Codified L § 55-11-11 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 11 - Prearranged Funeral Trusts|Section 55-11-11 - Prearranged funeral contract pooled funds trust--Creation--Separate accounts--When consent of purchaser required.

55-11-11. Prearranged funeral contract pooled funds trust--Creation--Separate accounts--When consent of purchaser required.A prearranged funeral contract pooled funds trust may be created by a funeral director or a funeral establishment licensed in South Dakota, the South Dakota funeral directors association or a cemetery association organized under chapter 55-12. However, separate accounts within the pooled funds trust shall be maintained so that a purchaser whose money has been deposited into the pooled funds trust may identify his money. No purchaser's money may be deposited into a pooled funds trust unless the purchaser signs a form consenting to the deposit of his money into a pooled funds trust. The provision regarding consent shall not apply to prearranged funeral trusts where the personal property and professional services are to be provided for a guaranteed amount of money. Source: SL 1986, ch 408, §9.
SD Codified L § 55-11-12 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 11 - Prearranged Funeral Trusts|Section 55-11-12 - Death or relocation of beneficiary of irrevocable prearranged funeral trust--Seller's option to provide comparable services or return deposits and interest--Disposition of funds.

55-11-12. Death or relocation of beneficiary of irrevocable prearranged funeral trust--Seller's option to provide comparable services or return deposits and interest--Disposition of funds.If the beneficiary of an irrevocable prearranged funeral trust for a guaranteed price dies outside the general area or moves outside the general area served by the provider designated in a prearranged funeral trust contract, the seller shall either provide for the furnishing of comparable funeral services and merchandise by a licensed mortuary or cemetery selected by the next of kin of the purchaser or, at the seller's option, shall pay over to the purchaser, or upon the death of the purchaser to the next of kin of the purchaser in fulfillment of all obligations under the contract, an amount equal to all deposits made into trust under the prearranged funeral trust contract together with the accrued trust interest to be provided for in the contract. Upon seller's full performance under the provisions of this section, the trustee shall distribute to the seller from the trust an amount equal to all deposits made into the trust together with the accrued trust interest. Source: SL 1986, ch 408, §10; SL 1997, ch 278, §1.
SD Codified L § 55-11-12.1 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 11 - Prearranged Funeral Trusts|Section 55-11-12.1 - Disbursement of funds in irrevocable prearranged funeral trust.

55-11-12.1. Disbursement of funds in irrevocable prearranged funeral trust.Every trustee of an irrevocable prearranged funeral trust which does not provide for a guaranteed price shall pay from the trust funds and any accrued interest the actual charges incurred for furnishing funeral services and merchandise to the funeral director, funeral establishment, or embalmer, licensed under chapter 36-19, or similarly licensed in any other state that provides funeral services and merchandise for the beneficiary of the irrevocable prearranged funeral trust. The balance of the funds remaining in the prearranged funeral trust, if any, shall be paid by the trustee to the purchaser or to the estate or next of kin of the purchaser, subject to §28-6-23 and rules pertaining thereto and the terms of the prearranged funeral trust agreement. Payment of all of the trust funds, plus any accrued interest, as provided in this section, within thirty days after receipt of a death certificate, relieves the trustee of any further duties or obligations. Source: SL 1997, ch 278, §2.
SD Codified L § 55-11-13 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 11 - Prearranged Funeral Trusts|Section 55-11-13 - Prearranged funeral contract not burial insurance.

55-11-13. Prearranged funeral contract not burial insurance.A prearranged funeral contract sold in compliance with chapter 55-11 is not burial insurance under §58-9-4. Source: SL 1986, ch 408, §14.
SD Codified L § 55-11-14 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 11 - Prearranged Funeral Trusts|Section 55-11-14 - Applicability of act to certain contracts.

55-11-14. Applicability of act to certain contracts.The terms of each prearranged funeral trust contract in effect before July 1, 1986, is subject to chapter 55-11 in effect as it appeared in the 1980 revision and pocket parts of volume 15B of the South Dakota Codified Laws on June 30, 1986. All prearranged funeral trust contracts entered on or after July 1, 1986, are subject to this chapter. Source: SL 1986, ch 408, §12.
SD Codified L § 55-11-15 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 11 - Prearranged Funeral Trusts|Section 55-11-15 - Certain persons operating cemeteries exempted from provisions regarding sale of merchandise and services--Maintenance of funds.

55-11-15. Certain persons operating cemeteries exempted from provisions regarding sale of merchandise and services--Maintenance of funds.Any person, corporation, partnership, association or other entity engaged in the business of owning, maintaining or operating a cemetery in the state of South Dakota prior to July 1, 1986, shall be exempt from the provisions of this chapter for purposes of the sale through the cemetery of merchandise and services incidental to a burial service. Except that such person, corporation, partnership, association or other entity engaged in the cemetery business shall maintain at least seventy percent of all money paid under a prearranged burial contract in the manner set forth in §§55-11-1, 55-11-2 and 55-11-5.1. Source: SL 1986, ch 408, §15A.
SD Codified L § 55-12-1 (2021)
2021 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.

55-12-1. Cemeteries subject to provisions of chapter.Any persons, firms, or corporations or other forms of organization organized or engaging in the business under the laws of the State of South Dakota, or wheresoever organized and engaging in the business in the State of South Dakota, of the ownership, maintenance or operation of a cemetery, providing lots or other interment space therein for the remains of human bodies, except such organizations which are churches or religious or established fraternal societies, or municipalities or other political subdivisions of the State of South Dakota owning, maintaining or operating cemeteries, or persons, firms, or corporations owning and operating cemeteries which have been in existence more than five years prior to February 28, 1955 shall be subject to the provisions of this chapter. Source: SL 1955, ch 97, §1; SDC Supp 1960, §11.19A01; SL 1992, ch 60, §2.
SD Codified L § 55-12-2 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|Section 55-12-2 - Classification of cemeteries.

55-12-2. Classification of cemeteries.All such persons, firms or organizations subject to the provisions of this chapter shall be, for the purposes hereof, designated either as "perpetual care cemeteries" or "nonperpetual care cemeteries." Source: SL 1955, ch 97, §2; SDC Supp 1960, §11.19A02.
SD Codified L § 55-12-3 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|Section 55-12-3 - Operation of perpetual care cemetery--Creation of perpetual care fund required.

55-12-3. Operation of perpetual care cemetery--Creation of perpetual care fund required.Any such organization subject to the provisions of this chapter which is organized or commences business in the State of South Dakota after February 28, 1955, and desires to operate as a perpetual care cemetery shall, before selling or disposing of any interment space or lots, establish a minimum perpetual care and maintenance guarantee fund of twenty-five thousand dollars or one hundred dollars per burial space, whichever is less, in cash. Source: SL 1955, ch 97, §3; SDC Supp 1960, §11.19A03; SL 1990, ch 389, §1.
SD Codified L § 55-12-4 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|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.
SD Codified L § 55-12-5 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|Section 55-12-5 - Previously existing cemetery becoming a perpetual care cemetery--Creation and maintenance of perpetual care fund.

55-12-5. Previously existing cemetery becoming a perpetual care cemetery--Creation and maintenance of perpetual care fund.Any such organization subject to the provisions of this chapter which was organized and engaged in business prior to February 28, 1955, shall be a perpetual care cemetery if it shall at all times comply with the requirements of a perpetual care cemetery as set forth in §55-12-4. Trust funds set aside under §47-29-22 shall be administered under this chapter. Source: SL 1955, ch 97, §4; SDC Supp 1960, §11.19A04.
SD Codified L § 55-12-8 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|Section 55-12-8 - Income from cemetery principal fund--Transfer to earnings fund--Use.

55-12-8. Income from cemetery principal fund--Transfer to earnings fund--Use.The income from the cemetery principal fund may be transferred to an earnings fund established by the cemetery and may be used for the care and maintenance of the cemetery. Source: SL 1955, ch 97, §3; SDC Supp 1960, §11.19A03; SL 2014, ch 228, §4, eff. Mar. 28, 2014.
SD Codified L § 55-12-9 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|Section 55-12-9 - Nonperpetual care cemeteries.

55-12-9. Nonperpetual care cemeteries.All other organizations subject to the provisions of this chapter shall be nonperpetual care cemeteries. Source: SL 1955, ch 97, §5; SDC Supp 1960, §11.19A05.
SD Codified L § 55-12-10 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|Section 55-12-10 - Nonperpetual care cemetery sign--Requirements as to display.

55-12-10. Nonperpetual care cemetery sign--Requirements as to display.Each nonperpetual care cemetery shall post in a conspicuous place in the office or offices where sales are conducted a legible sign stating: "This is a nonperpetual care cemetery." The lettering of this sign shall be of suitable size so it is easily read at a distance of fifty feet. Source: SL 1955, ch 97, §5; SDC Supp 1960, §11.19A05.
SD Codified L § 55-12-11 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|Section 55-12-11 - Forms to disclose status as nonperpetual care cemetery--Information to purchaser of lot.

55-12-11. Forms to disclose status as nonperpetual care cemetery--Information to purchaser of lot.Each nonperpetual care cemetery shall also have printed or stamped at the head of all its contracts, deeds, statements, letterheads and advertising material, the legend: "This is a nonperpetual care cemetery," and shall not sell any lot or interment space therein unless the purchaser thereof is informed that the cemetery is a nonperpetual care cemetery. Source: SL 1955, ch 97, §5; SDC Supp 1960, §11.19A05.
SD Codified L § 55-12-12 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|Section 55-12-12 - Nonperpetual care cemetery becoming a perpetual care cemetery--Creation and maintenance of perpetual care fund.

55-12-12. Nonperpetual care cemetery becoming a perpetual care cemetery--Creation and maintenance of perpetual care fund.Any nonperpetual care cemetery may become a perpetual care cemetery by placing in the perpetual care trust fund twenty-five thousand dollars, five thousand dollars per acre of all property sold or one hundred dollars per burial space, whichever is less, and shall comply with the requirement for a perpetual care cemetery as provided in §55-12-4. Source: SL 1955, ch 97, §6; SDC Supp 1960, §11.19A06; SL 1990, ch 389, §3.
SD Codified L § 55-12-13 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|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.

55-12-13. Commission, bonus, rebate or other thing of value in connection with sale of interment space in perpetual care cemetery prohibited--Exceptions.No organization subject to the provisions of this chapter may pay or offer to pay to, or for any person, firm or corporation to receive, directly or indirectly, a commission or bonus or rebate or other thing of value, for or in connection with the sale of any interment space, lot or part thereof, in any cemetery described in §55-12-1. The provisions of this section do not apply to a person regularly employed and supervised by such organization or to any agent of such organization who is directly supervised by such organization. Source: SL 1955, ch 97, §7; SDC Supp 1960, §11.19A07; SL 1997, ch 279, §1.
SD Codified L § 55-12-14 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|Section 55-12-14 - Representations in connection with sale of interment space as to speculative investment prohibited.

55-12-14. Representations in connection with sale of interment space as to speculative investment prohibited.No organization subject to the provisions of this chapter nor any person representing it in a sales capacity shall advertise or represent, in connection with the sale or attempted sale of any interment space, that the same is or will be a desirable speculative investment for resale purposes. Source: SL 1955, ch 97, §12; SDC Supp 1960, §11.19A10.
SD Codified L § 55-12-15 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|Section 55-12-15 - Violations as petty offenses.

55-12-15. Violations as petty offenses.A violation of §55-12-3, 55-12-4, 55-12-8, 55-12-10, 55-12-11, 55-12-13 or 55-12-14 is a petty offense. Each day a violation occurs except the commission of any act declared unlawful in §55-12-13 shall be a separate and distinct offense. Source: SL 1955, ch 97, §§9, 10; SDC Supp 1960, §11.9902; SL 1980, ch 24, §110.
SD Codified L § 55-12-16 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|Section 55-12-16 - Severability of provisions.

55-12-16. Severability of provisions.If any provision hereof or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. Source: SL 1955, ch 97, §11; SDC Supp 1960, §11.19A09.
SD Codified L § 55-12-17 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|Section 55-12-17 - Annual financial report.

55-12-17. Annual financial report.A perpetual cemetery, as defined in §55-12-4, or a perpetual cemetery corporation operating under chapter 47-29 shall file an annual financial report for the preceding fiscal year with the secretary of state by July thirty-first of each year on a form prescribed by the secretary of state if the cemetery has one hundred or more people buried in the cemetery. Source: SL 2013, ch 232, §2; SL 2014, ch 228, §5, eff. Mar. 28, 2014.
SD Codified L § 55-12-18 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|Section 55-12-18 - Funds to be administered by trustee under control of licensed banking institution--Report to secretary of state.

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, §6, eff. Mar. 28, 2014.
SD Codified L § 55-12-19 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|Section 55-12-19 - Attorney general investigation into use of earnings fund--Subpoena.

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.
SD Codified L § 55-12-20 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|Section 55-12-20 - Procedures available to attorney general.

55-12-20. Procedures available to attorney general.The attorney general may issue a subpoena under §37-24-14 or an investigative demand under §37-24-12 to any person and may conduct any hearing in aid of any investigation or inquiry. The attorney general may prescribe the forms governing:(1)The conduct of investigations;(2)When, what, and to whom information concerning the use of the earnings fund will be released; and(3)The conditions under which assurances of voluntary compliance will be accepted. Source: SL 2019, ch 210, §3.
SD Codified L § 55-12-21 (2021)
2021 South Dakota Codified Laws|Title 55 - Fiduciaries and Trusts|Chapter 12 - Cemetery Perpetual Care Funds|Section 55-12-21 - Court action to enforce compliance.

55-12-21. Court action to enforce compliance.If any person refuses to obey an investigative demand or subpoena, the attorney general may petition the circuit court to enforce compliance under §37-24-17. Source: SL 2019, ch 210, §4.