On page 1, line 1, of the Introduced bill, delete "eliminate the exemption from the " and insert "remove the statutory requirement for certain cemeteries to maintain "
On page 1, line 1, after "funds" delete " provisions for certain cemeteries"
On the Introduced bill, delete everything after the enacting clause and insert:
"
Section 1. That §§ 55-12-1 to 55-12-24 be REPEALED.
Section 2. That § 9-32-15 be REPEALED.
9-32-15. Municipalities exempt from general perpetual care law.
Section 3. That § 34-27-5 be AMENDED.
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 this
section 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 this
section 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 this
section 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.
This section applies to any person, firm, or corporation or other forms of organization organized or engaging in the business under the laws of this state, or wheresoever organized and engaging in the business in this state, of the ownership, maintenance or operation of a cemetery, providing lots or other interment space therein for the remains of human bodies.
Section 4. That § 47-29-10 be AMENDED.
47-29-10. Other laws applicable to nonperpetual care cemeteries.
Any
nonperpetual care cemetery,
including nonperpetual care cemetery organizations excepted from the
provisions of chapter 55-12 by § 55-12-1,
shall be subject to the duties imposed and the rights provided by
§§ 47-29-8
and 47-29-9.
Section 5. That § 55-11-11 be AMENDED.
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.
"