ENTITLED, An Act to remove the required waiting period before cremated remains may be released
to be scattered.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-26A-27 be amended to read as follows:
34-26A-27. Cremated remains may be scattered over a public waterway or sea, or on the private
property of a consenting owner pursuant to the provisions of this chapter, if they are reduced to a
particle size of one-eighth inch or less. A person may utilize a boat or airplane to perform the
scattering. Cremated remains shall be removed from their closed container before they are scattered.
Any person who scatters human remains, pursuant to this section, shall file with the local registrar
of births and deaths, in the county nearest the point where the cremated remains are to be scattered,
a verified statement containing the name of the deceased person, the time and place of death, the
place at which the cremated remains are to be scattered, and any other information that the local
registrar of births and deaths may require. If cremated remains are to be scattered pursuant to this
section, the crematory authority may not release the cremated remains to the authorizing agent until
the crematory authority has been provided with a receipt indicating that the proper filing has been
made with the local registrar of births and deaths. The scattering of cremated remains in violation
of this section is a Class 2 misdemeanor.
An Act to remove the required waiting period before cremated remains may be released to be
scattered.
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I certify that the attached Act
originated in the
SENATE as Bill No. 103
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 103
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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