State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
This bill has been extensively amended (hoghoused) and may no longer be consistent
with the original intention of the sponsor.
SENATE ENGROSSED NO. HB 1127 - 02/21/2013
Introduced by: Representative Hoffman and Senator Novstrup (Al)
FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the use of principal
and interest in cemetery perpetual funds and to require perpetual cemeteries to submit an
annual financial report to the secretary of state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 47-29-22 be amended to read as follows:
47-29-22. A cemetery corporation also has power:
(1) To establish a perpetual fund to be used in purchasing and maintaining mowing
equipment, hiring maintenance staff, caring for, ornamenting, beautifying, and
improving its grounds
. No more than six percent of the combined income and
principal in a perpetual fund may be used annually for these purposes;
(2) To receive donations, devises, and legacies for such purpose; and
(3) To elect three trustees to care for and invest such trust fund in such manner and under
such restrictions and for such term or terms as may be prescribed by its articles of
incorporation or bylaws.
The directors of any such corporation have power to require bonds from such trustees, from
time to time, conditioned for the faithful discharge of their duties in such amounts as such board
may deem necessary for the safety and proper security of such fund; and such trustees shall
account at least once each year for all income arising from such perpetual fund and to make a
full and detailed report of the condition of the fund if required by the board of directors.
Section 2. That chapter 55-12 be amended by adding thereto a NEW SECTION to read as
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.