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 dies within any county, who does not have money or means necessary to
defray the funeral expenses, and whose relatives or friends are unable or unwilling to defray the
expenses, the county commissioners shall employ a funeral director to provide for and superintend
the burial or cremation of the deceased person.
Section 2. That § 28-17-2 be amended to read as follows:
28-17-2. If any person who is destitute and has no estate 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 be borne by the county in which the deceased was
a resident at time of death. If no residence can be 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 may be made by the tribe or next of kin, if any,
otherwise by the board of county commissioners. The determination whether the decedent is buried
or cremated may be made by the tribe or next of kin, if any, otherwise by the board of county
commissioners. In no case 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. 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 services rendered, a sum to be established by resolution of the board
of county commissioners 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 the commissioners. If the decedent had an
established residency according to § 28-13-3 in a county in this state different from that in which the
decedent died, the county paying the funeral expenses shall be reimbursed by the county in which
the decedent had an established residency. 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
An Act to allow for the cremation of deceased persons who are indigent and the funeral expenses
are the financial responsibility of the county.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1066
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1066
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State