State of South Dakota
LEGISLATIVE ASSEMBLY, 2014
||HOUSE HEALTH AND HUMAN SERVICES ENGROSSED NO. HB 1092 - 01/30/2014 |
Introduced by: Representatives Hoffman, Erickson, Greenfield, Kopp, Langer, and Verchio and Senators Kirkeby and Begalka
FOR AN ACT ENTITLED, An Act to require that crematories be under the direction of licensed funeral establishments and funeral directors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-26A-3 be amended to read as follows:
34-26A-3. Any resident of this state, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization, or any other entity may erect, maintain, and
a crematory in this state and provide the necessary appliances and facilities for the cremation of human remains in accordance with this chapter. The operation of any crematory in this state shall be under the direction and supervision of a licensed funeral director and a licensed funeral establishment, each licensed pursuant to chapter 36-19. However, any medical facility cremating either whole or specific body parts does not need to be under the direction and supervision of a licensed funeral director and licensed funeral establishment.
A crematory shall conform with all local building codes and environmental standards, and it may be constructed on, or adjacent to, any cemetery, on or adjacent to any funeral establishment that is zoned
commercial or industrial, or at any other location consistent with local zoning regulations.
Section 2. That § 34-26A-41 be amended to read as follows:
34-26A-41. A crematory authority may employ a licensed funeral director for the purpose of arranging cremations with the general public, transporting human remains to the crematory, and processing all necessary paperwork.
No provision of this chapter may be construed to require a licensed funeral director to perform any functions not otherwise required by law to be performed by a licensed funeral director.