State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

708T0307   HOUSE BILL   NO.  1066  

Introduced by:    Representatives Deelstra, Abdallah, Blake, Bolin, Conzet, Dennert, Elliott, Gibson, Gosch, Haggar, Hansen (Jon), Hickey, Hoffman, Hubbel, Hunt, Killer, Kirkeby, Liss, Lucas, Miller, Moser, Nelson (Stace), Scott, Sly, Solum, Street, Stricherz, Tornow, Vanneman, Wick, and Willadsen and Senators Hunhoff (Jean), Bradford, Brown, Buhl, Juhnke, Peters, Rave, Schlekeway, and Sutton
 

        FOR AN ACT ENTITLED, An Act to allow for the cremation of deceased persons who are indigent and the funeral expenses are the financial responsibility of the county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 28-17-1 be amended to read as follows:
    28-17-1. If any person shall die dies within any county, who shall does not have money or means necessary to defray his the funeral expenses, and whose relatives or friends are unable or unwilling to defray the same, it shall be the duty of expenses, the county commissioners to shall employ a person funeral director to provide for and superintend the burial or cremation of such the deceased person.
    Section 2. That § 28-17-2 be amended to read as follows:
    28-17-2. Whenever If any person who is destitute and has no estate shall die dies within the state, and who has no one legally bound for funeral expenses, and where there is no other source to pay the cost of burial or cremation expense, the funeral expenses shall then be borne by the

county in which the deceased was a resident at time of death, and if. If no residence can be fixed, then determined for the deceased person, the funeral expenses shall be borne by the county in which death occurred.
    Section 3. That § 28-17-3 be amended to read as follows:
    28-17-3. The selection of a funeral director shall be made by the next of kin, if any, otherwise by the county commissioner in whose district death occurred. In no case shall may the county commissioners advertise for bids on burial or cremation of indigent poor.
    Section 4. That § 28-17-4 be amended to read as follows:
    28-17-4. On county burials, the funeral director in charge shall furnish a casket and outside container and conduct the funeral services in customary form, and the. On county cremations, the funeral director in charge shall furnish an urn or container and conduct the funeral services. The county shall allow the funeral director for merchandise and such services rendered, a sum to be established by resolution of the board of county commissioners in such county at their at the annual organizational meeting.
    Section 5. That § 28-17-5 be amended to read as follows:
    28-17-5. In addition to the burial and cremation expenses provided in § 28-17-4, the county commissioners may contract with cemeteries within the state for burial space in a cemetery and the opening and closing of the grave.
    Section 6. That § 28-17-6 be amended to read as follows:
    28-17-6. The necessary and reasonable expenses of burial or cremation under this chapter shall be paid by the county treasurer, upon the order of such the commissioners; and if. If the decedent shall have had an established residency according to § 28-13-3 in a county in this state different from that in which he the decedent died, the county paying such the funeral expenses shall be reimbursed by the county in which the decedent had an established residency. When the

person so dying shall be If the decedent was an honorably discharged United States soldier, sailor, marine, or aviator, the funeral shall be conducted and expenses paid as provided in chapter 33A-5.