reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26 - Custody And Disposition Of Bodies And Body Parts › Section 34-26-76 - Forfeiture of right.

34-26-76. Forfeiture of right.
A person entitled under law to the right and duty of disposition forfeits that right and that duty, and the right and duty is passed on to the next qualifying person as listed in §34-26-75, in the following circumstances:
(1)Any person charged with first- or second-degree murder or voluntary manslaughter in connection with the decedent’s death, and whose charges are known to the funeral director; provided, however that if the charges against the person are dismissed, or if the person is acquitted of the charges, the right of disposition is returned to the person;
(2)Any person who does not exercise the person's right of disposition within two days of notification of the death of decedent or within three days of the date of possession of the decedent's remains by a funeral home, whichever is earlier;
(3)If the person and the decedent are spouses and a petition to dissolve the marriage is pending at the time of decedent’s death; or
(4)Where the court, pursuant to §34-26-78, determines that the person entitled to the right of disposition and the decedent were estranged at the time of death. For purposes of this subdivision, the term, estranged, means a physical and emotional separation from the decedent at the time of death that has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent.
Source: SL 2022, ch 113, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26 - Custody And Disposition Of Bodies And Body Parts › Section 34-26-77 - Affidavit--Designation by decedent.

34-26-77. Affidavit--Designation by decedent.
A person who is 18 years or older and of sound mind wishing to authorize another person to control the disposition of his or her remains as referenced in §34-26-75, may execute an affidavit before a notary public in substantially the following form:
State of _______________ }
County of ______________ }
I, __________________, do hereby designate ____________________ with the right to control the disposition of my remains upon my death. I __ have/ __ have not attached specific directions concerning the disposition of my remains which the designee shall substantially comply with, provided such directions are lawful and there are sufficient resources in my estate to carry out the directions.
Subscribed and sworn to before me this ___ day of the month of _____ of the year _____.
______________________ (signature of notary public)
Source: SL 2022, ch 113, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26 - Custody And Disposition Of Bodies And Body Parts › Section 34-26-79 - Funeral service agreement-- Disposition authorization—Reliance upon content.

34-26-79. Funeral service agreement-- Disposition authorization—Reliance upon content.
Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition is deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party’s authority to order the disposition. A funeral home shall have the right to rely on the funeral service contract or authorization and shall have the authority to carry out the instructions of the person or persons whom the funeral home reasonably believes holds the right of disposition. The funeral home shall have no responsibility to contact or to independently investigate the existence of any next-of-kin or relative of the decedent. If there is more than one person in a class who is equal in priority and the funeral home has no knowledge of any objection by other members of such class, the funeral home shall be entitled to rely on and act according to the instructions of the first such person in the class to make funeral and disposition arrangements; provided that no other person in such class objects in writing to the funeral home.
Source: SL 2022, ch 113, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26 - Custody And Disposition Of Bodies And Body Parts › Section 34-26-80 - Funeral homes--Limitation of liability--Acting in good faith.

34-26-80. Funeral homes--Limitation of liability--Acting in good faith.
No funeral home or funeral director who relies in good faith upon the instructions of an individual claiming the right of disposition shall be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructions.
Source: SL 2022, ch 113, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-1 - Definitions.

34-26A-1. Definitions.
Terms used in this chapter mean:
(1)"Alternative container," a receptacle into which a decedent is placed for transport to a crematory and cremation and which:
(a)Is made of combustible material;
(b)Provides complete covering for the decedent;
(c)Is impermeable;
(d)Is sufficiently rigid for handling; and
(e)Provides protection for the health and safety of crematory personnel;
(2)"Cremated remains," all human remains recovered upon completion of the cremation process, together with the residual of:
(a)The container used for the cremation, if combustible;
(b)Dental work; and
(c)Combustible personal effects;
(3)"Cremation," the process of:
(a)Using heat and flame to reduce human remains to ashes and bone fragments; and
(b)The subsequent pulverization of any remaining bone fragments;
(4)"Cremation chamber," the enclosed space within which the cremation process occurs;
(5)"Crematory," the building or portion of a building that houses the cremation chamber and the holding facility;
(6)"Holding facility," an area that is within or adjacent to a crematory, designated for the retention of decedents prior to their cremation, and secure from access by unauthorized persons;
(7)"Processing," the reduction of identifiable bone fragments to unidentifiable bone fragments; and
(8)"Temporary container," a receptacle made of cardboard, plastic film, or similar material, intended for the purpose of holding cremated remains until an urn or other permanent container is acquired.
Source: SL 1988, ch 283, §1; SL 1989, ch 298, §§1, 2; SL 1998, ch 211, §§1 to 3; SL 2023, ch 129, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-3 - Crematory operator--Licensed and certified--Certification requirements.

34-26A-3. Crematory operator--Licensed and certified--Certification requirements.
The operation of any crematory in this state, other than a medical facility crematory, must at all times be under the direction and supervision of a person who:
(1)Is licensed as a funeral director, in accordance with chapter 36-19; and
(2)Has successfully completed a crematory operator program approved by the State Board of Funeral Service.
Source: SL 1988, ch 283, §3; SL 2014, ch 170, §1; SL 2023, ch 129, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-4.1 - Crematory establishment--Licensure.

34-26A-4.1. Crematory establishment--Licensure.
Each crematory in this state must be licensed by the State Board of Funeral Service. To obtain licensure for a crematory, a person must:
(1)Submit an application to the board, at the time and in the manner required by the board;
(2)Identify, on the application, all certified crematory operators employed at the crematory;
(3)Provide evidence that a motorized or mechanical device is available for the processing of cremated remains; and
(4)Provide evidence that a refrigerated facility is available for the retention of decedents awaiting cremation.
Upon approval of an application, the board shall require that the applicant pay an initial licensure fee in an amount not exceeding one hundred dollars.
Source: SL 2023, ch 129, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-4.2 - Crematory licensure--Expiration--Renewal--Crematory inspection--Fee.

34-26A-4.2. Crematory licensure--Expiration--Renewal--Crematory inspection--Fee.
Licensure as a crematory, issued in accordance with §34-26A-4.1, expires one year after the date of issuance and must be renewed annually, at the time and in the manner determined by the State Board of Funeral Service. The board may inspect any crematory, during regular business hours, to verify compliance with applicable laws and rules and shall inspect each crematory, during regular business hours, at least once every three years.
The board shall require a renewal fee in the amount of one hundred dollars.
Source: SL 2023, ch 129, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-5.1 - Crematory licensure--Suspension or revocation--Hearing--Promulgation of rules.

34-26A-5.1. Crematory licensure--Suspension or revocation--Hearing--Promulgation of rules.
The State Board of Funeral Service may, after notice and a hearing, suspend or revoke licensure issued in accordance with §34-26A-4.1. The board shall promulgate rules, in accordance with chapter 1-26, to establish the grounds for suspension or revocation of the licensure.
Source: SL 2023, ch 129, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-6.1 - Authorization to cremate--Form.

34-26A-6.1. Authorization to cremate--Form.
A form authorizing cremation must:
(1)Contain the decedent's name and the manner in which the decedent's identity was verified;
(2)Contain the name of the crematory and the person accepting the authorization to cremate on behalf of the crematory;
(3)Indicate the auspices under which the person is authorizing the cremation, as set forth in §34-26-75;
(4)Provide for a statement indicating that the person authorizing the cremation:
(a)Has no knowledge of any other person with a superior right to authorize the cremation, as provided for in §34-26-75; or
(b)Has knowledge of another person with a superior right to authorize the cremation, as provided for in §34-26-75, has made a reasonable effort but been unable to contact that other person, and has no reason to believe that the other person would object to the authorization of a cremation;
(5)Provide for a question regarding knowledge of any pacemaker, defibrillator, or other device or implant that might:
(a)Pose a hazard to the health or safety of crematory personnel; or
(b)Cause damage to the cremation chamber;
(6)Indicate whether the cremation is to include the casket or an alternative container in which the decedent was delivered to the crematory;
(7)Include the name of any person authorized to witness the cremation;
(8)Include the name of the person who is to receive the cremated remains;
(9)Include instructions regarding the manner in which any personal property delivered to the crematory with the decedent's remains are to be handled;
(10)Include instructions for the disposition of the cremated remains, in accordance with the provisions of this chapter or directives set forth in a pre-need cremation contract;
(11)Include an attestation, by the person authorizing the cremation, indicating that to the best of his or her knowledge, all statements and information contained in the authorization are accurate; and
(12)Include a statement specifically authorizing the cremation of the decedent and the processing and disposition of the remains in accordance with the directives set forth in the form.
A crematory may not proceed with the cremation of a decedent until the authorization form has been completed in accordance with the requirements of this section.
The crematory shall retain each authorization form required by this section in accordance with the record retention provisions set forth in §34-26A-25.1.
Source: SL 2023, ch 129, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-6.2 - Authorization to cremate--Pre-need contract.

34-26A-6.2. Authorization to cremate--Pre-need contract.
If the person who signs an authorization to cremate, in accordance with §34-26A-6.1, is aware of a pre-need contract that the decedent has entered into, the signer shall, to the extent possible, follow the decedent's directives.
Source: SL 2023, ch 129, §10.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-6.3 - Authorization to cremate--Limited crematory immunity.

34-26A-6.3. Authorization to cremate--Limited crematory immunity.
No funeral home or crematory, or any employee of either is required to verify the information provided in the form authorizing cremation, as set forth in §34-26A-6.1, and no funeral home or crematory, or any employee of either may be held liable for any act or omission in reliance on the information provided in the form, unless the funeral home, crematory, or employee knew or should have known that the information was not accurate.
Source: SL 2023, ch 129, §12.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-7 - Delegation of authority--Crematory immunity.

34-26A-7. Delegation of authority--Crematory immunity.
If the person who has the right and duty to control the decedent's remains, as provided for in §34-26-75, is not physically present to execute the form authorizing cremation, the person may delegate that authority to another.
Once a crematory has received written notice of a delegation under this section, including the name and address of the delegatee, the crematory may allow the delegatee to execute the form authorizing cremation.
A crematory that relies upon an authorization executed in accordance with this section is immune from liability for any acts or omissions resulting from that reliance.
Source: SL 1988, ch 283, §7; SL 2023, ch 129, §11.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-9.1 - Delivery of decedent--Receipt--Contents--Unidentified remains not acceptable.

34-26A-9.1. Delivery of decedent--Receipt--Contents--Unidentified remains not acceptable.
Whenever a decedent is delivered to a crematory for cremation, crematory personnel shall complete a receipt that includes:
(1)The name of the decedent;
(2)The name and employer of the person who delivered the decedent to the crematory;
(3)The date and time of the delivery;
(4)The name of the crematory employee who accepted the delivery; and
(5)Any funeral home or other entity involved in the disposition of the decedent's remains.
The receipt must be signed by the person who delivered the decedent to the crematory and by the employee who accepted the delivery on behalf of the crematory.
The crematory shall retain the receipt in accordance with the record retention provisions set forth in §34-26A-25.1.
A crematory may not accept unidentified human remains.
Source: SL 2023, ch 129, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-12.1 - Prohibitions.

34-26A-12.1. Prohibitions.
Unless otherwise specified in the authorization to cremate form, a crematory may not:
(1)Remove the decedent from the casket or alternative container in which the decedent was delivered to the crematory;
(2)Fail to cremate the casket or alternative container in which the decedent was delivered to the crematory;
(3)Simultaneously cremate more than one decedent in the same cremation chamber;
(4)Permit any person to be present in the holding facility while a decedent is there awaiting cremation, permit any person to be present during the cremation, or permit any person to be present while the remains are removed from the cremation chamber, except:
(a)A crematory employee;
(b)The signer of the authorization to cremate form; and
(c)An invitee of the crematory director; or
(5)Remove from the decedent any dental bridge work or fillings, implants, or body parts.
Source: SL 2023, ch 129, §14.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-13.1 - Required time before cremation--Waiver--Coroner's release.

34-26A-13.1. Required time before cremation--Waiver--Coroner's release.
Except as otherwise provided in this section, a decedent may not be cremated for twenty-four hours following:
(1)The decedent's time of death, as pronounced by a physician, or other health care professional acting within the person's scope of practice; or
(2)The time at which a declaration of the decedent's death is made by the coroner or other person having the authority to make that declaration.
The prohibition set forth in this section may be waived, in writing, by a physician or by the coroner, if death is the result of a virulent communicable disease.
If a death is being investigated by a coroner, cremation may not take place before a written release is provided by the investigating coroner.
Source: SL 2023, ch 129, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-14 - Notification of coroner--Death to be investigated--Release to cremate.

34-26A-14. Notification of coroner--Death to be investigated--Release to cremate.
If the crematory receives the remains of a deceased person and crematory personnel have reason to believe that the person may have died by unlawful means or that the person's death is subject to investigation under §23-14-18, the crematory shall notify the coroner of the county where the death occurred. After this notice, the remains may not be cremated until the coroner has completed any investigation, and provided the crematory with a written release.
Source: SL 1988, ch 283, §14; SL 2023, ch 129, §16.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-16.1 - Remains awaiting cremation--Acceptable locations.

34-26A-16.1. Remains awaiting cremation--Acceptable locations.
Upon accepting for cremation a body that has been embalmed, a crematory shall place the body in a holding facility, until the time of cremation.
Upon accepting for cremation a body that has not been embalmed, a crematory may place the body:
(1)In a refrigerated facility, until the time of cremation; or
(2)In a holding facility for up to eight hours and thereafter in a refrigerated facility, until the time of cremation.
Source: SL 2023, ch 129, §13.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-19 - Identification of human remains--Tracking.

34-26A-19. Identification of human remains--Tracking.
The crematory shall have procedures in place to provide for the identification and continuous tracking of human remains throughout the cremation process and until the remains are released.
Source: SL 1988, ch 283, §19; SL 2023, ch 129, §17.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-20 - Removal of cremated remains--Urn or temporary container.

34-26A-20. Removal of cremated remains--Urn or temporary container.
Upon completion of a cremation, crematory personnel shall remove, from the cremation chamber, all recoverable cremation residue.
Crematory personnel shall place the cremated remains into an urn, if so directed in the authorization to cremate form. If no directives are included in the authorization to cremate form, crematory personnel shall place the cremated remains into a temporary container.
If all of the cremated remains do not fit in the selected urn or temporary container, crematory personnel shall place any remainder into an additional temporary container and release, deliver, or dispose of the urn and any containers in accordance with the directives in the authorization to cremate form.
Source: SL 1988, ch 283, §20; SL 2023, ch 129, §18.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-20.1 - Recyclable materials.

34-26A-20.1. Recyclable materials.
A crematory that removes recyclable material from the cremation residue, in accordance with the authorization to cremate form, may deliver the material for recycling.
Source: SL 2023, ch 129, §15.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-21.1 - Record of the cremation--Retention.

34-26A-21.1. Record of the cremation--Retention.
Upon completion of a cremation, crematory personnel shall prepare a record of the cremation, and include the name of the decedent and the date and time of the cremation.
The crematory shall retain the record required by this section in accordance with the record retention provisions set forth in §34-26A-25.1.
Source: SL 2023, ch 129, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-22.1 - Filing of burial permit.

34-26A-22.1. Filing of burial permit.
Upon completion of a cremation, the crematory shall file the burial permit with the local registrar of vital records, pursuant to §34-25-24.
Source: SL 2023, ch 129, §20.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-23.1 - Release of cremated remains--Receipt.

34-26A-23.1. Release of cremated remains--Receipt.
Whenever a crematory releases cremated remains, crematory personnel shall complete a receipt that includes:
(1)The name of the decedent;
(2)The name of the person to whom the cremated remains were released;
(3)The date and time of the release;
(4)The name of the crematory employee who released the cremated remains;
(5)Any funeral home or other entity involved in the disposition of the cremated remains.
The receipt must be signed by the person who released the cremated remains and the person who received the cremated remains.
If the cremated remains are to be shipped, the receipt must be signed by the person who released the cremated remains for shipping and a copy of the receipt must accompany the remains.
The crematory shall retain a receipt required by this section in accordance with the record retention provisions set forth in §34-26A-25.1.
Source: SL 2023, ch 129, §21.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-23.2 - Cremated remains--Shipping options.

34-26A-23.2. Cremated remains--Shipping options.
Any crematory shipping cremated remains shall use a mail or delivery service that provides package tracking and requires an authorized signature upon delivery to the recipient's address.
A crematory may not be held liable for the loss or misplacement of any cremated remains after acceptance, by the mail or delivery service, of the package containing the remains.
Source: SL 2023, ch 129, §22.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-24.1 - Disposition of remains--Directive followed--Responsibility for costs.

34-26A-24.1. Disposition of remains--Directive followed--Responsibility for costs.
Each crematory shall follow the directives in the authorization to cremate form regarding the disposition of the cremated remains.
If the cremated remains are not claimed and if no other arrangements have been made within sixty days after the date of the cremation, the crematory or a funeral home may dispose of the remains by:
(1)Placing the remains in a grave, crypt, niche; or
(2)Scattering the remains in any manner and in any place not otherwise prohibited by law.
Any reasonable costs incurred by a crematory or a funeral home in disposing of unclaimed cremated remains, in accordance with this section, are the responsibility of the person who signed the authorization to cremate form or the person having the right to control the disposition.
Source: SL 2023, ch 129, §23.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-25.1 - Records--Period of retention--Inspection.

34-26A-25.1. Records--Period of retention--Inspection.
Any record required in accordance with this chapter:
(1)Must be retained by the crematory for a period of at least seven years; and
(2)May be inspected by the State Board of Funeral Service, during regular business hours.
Source: SL 2023, ch 129, § 24.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-31 - Refusal to accept remains or cremate--Grounds--Immunity.

34-26A-31. Refusal to accept remains or cremate--Grounds--Immunity.
A crematory may refuse to accept a decedent for or perform a cremation if:
(1)It is aware of any dispute concerning the cremation;
(2)It has reasonable grounds to question any representation made in the authorization to cremate form; or
(3)It has any other lawful reason.
A crematory shall accept a decedent for and perform a cremation upon receiving an order from a court directing the activity or upon receipt of sufficient documentation indicating that any dispute or other ground or reason for the initial refusal has been resolved.
A crematory is immune from liability for refusing to accept a decedent for cremation and for refusing to perform a cremation, in accordance with this section.
Source: SL 1988, ch 283, §31; SL 2023, ch 129, §25.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-32 - Refusal to release or dispose remains pending dispute resolution--Immunity.

34-26A-32. Refusal to release or dispose remains pending dispute resolution--Immunity.
A crematory may refuse to release or dispose of cremated remains if it is aware of any dispute concerning the release or disposition of the remains.
A crematory shall release or dispose of the cremated remains upon receiving an order from a court directing the activity or upon receipt of sufficient documentation indicating that the dispute has been resolved.
A crematory is immune from liability for refusing to release or dispose of cremated remains, in accordance with this section.
Source: SL 1988, ch 283, §32; SL 2023, ch 129, §26.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-33 - Promulgation of rules.

34-26A-33. Promulgation of rules.
The State Board of Funeral Service shall promulgate rules, in accordance with chapter 1-26, to establish:
(1)Standards for crematory sanitation;
(2)Standards for refrigeration;
(3)Standards for equipment; and
(4)Fire protection requirements.
Source: SL 1988, ch 283, §33; SL 1998, ch 211, §5; SL 2023, ch 129, §27.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-35 - Penalties.

34-26A-35. Penalties.
It is a Class 1 misdemeanor to:
(1)Operate a crematory that is not licensed in accordance with this chapter;
(2)Perform a cremation without first obtaining a completed and signed authorization to cremate form; or
(3)Sign an authorization to cremate form with the knowledge that the form contains false or misleading information.
Source: SL 1988, ch 283, §35; SL 2023, ch 129, §28.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-37 - Pre-need contract--Requirements.

34-26A-37. Pre-need contract--Requirements.
If a cremation is provided for in a pre-need contract, the contract must include provisions for the disposition of the cremated remains. Those provisions must be initialed by the individual for or by whom the arrangements are being made.
Source: SL 1988, ch 283, §37; SL 2023, ch 129, §29.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-38 - Pre-need authorization to cremate--Retention--Revocation.

34-26A-38. Pre-need authorization to cremate--Retention--Revocation.
Notwithstanding §34-26-75, a person may enter into a pre-need contract to authorize the person's cremation and the disposition of their cremated remains. This authorization must be signed by the person and two witnesses.
A contract entered into in accordance with this section must be retained by the other contracting party for the period of time required to fulfill the obligation, plus the additional period set forth in §34-26A-25.1.
Any person who enters into a pre-need contract in accordance with this section may revoke the contract by providing written notice of the revocation to the other contracting party.
Source: SL 1988, ch 283, §38; SL 2023, ch 129, §30.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-40 - Cremation according to pre-need contract--Immunity.

34-26A-40. Cremation according to pre-need contract--Immunity.
A crematory that, in good faith, cremates and disposes of the cremated remains, in accordance with any directives contained in a pre-need contract authorizing the cremation, is immune from liability.
Source: SL 1988, ch 283, §40; SL 2023, ch 129, §32.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 26A - Crematories And Cremations › Section 34-26A-42 - Change of ownership--Report to board.

34-26A-42. Change of ownership--Report to board.
Whenever there is a change in the ownership of a licensed crematory, a representative of the crematory shall report the change to the board, within thirty days.
Source: SL 2023, ch 129, §31.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 27 - Cemeteries And Burial Records › Section 34-27-17 - Punishment for omission to reinter when cemetery removed.

34-27-17. Punishment for omission to reinter when cemetery removed.
Every omission of duty to disinter, remove, and rebury the remains of bodies in cemeteries or other places of burial when such removal has been lawfully authorized, is punishable in the same manner as omission to perform the duty of making burial is punished under the provisions of §34-26-18.
Source:
PenC 1877, §361; CL 1887, §6562; RPenC 1903, §366; RC 1919, §3880; SDC 1939, §13.1416.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 27 - Cemeteries And Burial Records › Section 34-27-18 - Opening grave or breaking building with intent to remove body or coffin as misdemeanor.

34-27-18. Opening grave or breaking building with intent to remove body or coffin as misdemeanor.
Every person who opens any grave or any place of burial, temporary or otherwise, or who breaks open any building wherein any dead body of a human being is deposited while awaiting burial, with intent either:
(1)To remove any dead body of a human being for the purpose of selling the same or for the purpose of dissection; or
(2)To steal the coffin, or any part thereof, or anything attached thereto or connected therewith, or the vestments or other articles buried with the same;
is guilty of a Class 1 misdemeanor.
Source:
PenC 1877, §360; CL 1887, §6561; RPenC 1903, §365; RC 1919, §3879; SDC 1939, §13.1422; SL 1977, ch 190, §73.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 27 - Cemeteries And Burial Records › Section 34-27-19 - Removing dead body maliciously or with intent to sell or dissect as misdemeanor.

34-27-19. Removing dead body maliciously or with intent to sell or dissect as misdemeanor.
Every person who removes all or any part of the dead body of a human being from any grave or other place where the same has been buried, or from any place where the same is deposited while awaiting burial, with intent to sell the same or to dissect it without authority of law, or from malice or wantonness, is guilty of a Class 1 misdemeanor.
Source:
PenC 1877, §358; CL 1887, §6559; RPenC 1903, §363; RC 1919, §3877; SDC 1939, §13.1418; SL 1977, ch 190, §74.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 27 - Cemeteries And Burial Records › Section 34-27-20 - Receiving dead body unlawfully removed as misdemeanor.

34-27-20. Receiving dead body unlawfully removed as misdemeanor.
Every person who purchases or receives, except for the purpose of burial, any dead body of a human being, knowing that the same has been removed contrary to §34-27-19, is guilty of a Class 1 misdemeanor.
Source:
PenC 1877, §359; CL 1887, §6560; RPenC 1903, §364; RC 1919, §3878; SDC 1939, §13.1419; SL 1977, ch 190, §75.