An Act to increase licensure fees related to the practice of funeral service and cremation.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 36-19-25 be AMENDED:

36-19-25. A license to practice funeral service must be renewed annually. The board shall, by rule promulgated in accordance with chapter 1-26, establish the renewal fee, which may not exceed one two hundred twenty-five dollars.

Section 2. That § 36-19-27 be AMENDED:

36-19-27. An application for a license to operate a funeral establishment is required for each location. The application must be on a form provided by the board and accompanied by an application fee.

The board shall, by rule promulgated in accordance with chapter 1-26, establish the application fee, which may not exceed two three hundred fifty dollars.

The board may inspect the funeral establishment to verify compliance with state law and rules of the board.

The application for a license to operate a funeral establishment must include the name of the individual who is licensed under this chapter and responsible for managing all transactions conducted and services performed.

Section 3. That § 36-19-37 be AMENDED:

36-19-37. Each license issued under this chapter expires on the following December thirty-first.

Each application for renewal must be submitted to the board during the month of December and must be accompanied by a renewal fee. The board shall promulgate rules, in accordance with chapter 1-26, to establish the amount of the fee, which may not exceedtwo three hundred fifty dollars.

Section 4. That § 34-26A-4.1 be AMENDED:

34-26A-4.1. Each crematory in this state must be licensed by the State Board of Funeral Service. To obtain licensure for a crematory, a person must:

(1) Submit an application to the board, at the time and in the manner required by the board;

(2) Identify, on the application, all certified crematory operators employed at the crematory;

(3) Provide evidence that a motorized or mechanical device is available for the processing of cremated remains; and

(4) Provide evidence that a refrigerated facility is available for the retention of decedents awaiting cremation.

Upon approval of an application, the board shall require that the applicant pay an initial licensure fee in an amount not exceeding one three hundred fifty dollars.

Section 5. That § 34-26A-4.2 be AMENDED:

34-26A-4.2. Licensure as a crematory, issued in accordance with § 34-26A-4.1, expires one year after the date of issuance and must be renewed annually, at the time and in the manner determined by the State Board of Funeral Service. The board may inspect any crematory, during regular business hours, to verify compliance with applicable laws and rules and shall inspect each crematory, during regular business hours, at least once every three years.

The board shall require a renewal fee in the amount of one three hundred fifty dollars.

Section 6. No later than September 30, 2025, the State Board of Funeral Service shall, pursuant to chapter 1-26, provide for and file with the secretary of state, the amendment of ARSD 20:45:03:08, as set forth below:

20:45:03:08. Fees. The fees for licenses and registrations issued by the board are as follows and are nonrefundable:

(1) Trainee registration fee, twenty-five dollars;

(2) Funeral director license application fee, one two hundred and twenty-five dollars;

(3) Annual funeral director license renewal fee; one, two hundred and twenty-five dollars;

(4) Funeral establishment license application fee, two three hundred and fifty dollars; and

(5) Annual funeral establishment license renewal fee, two three hundred and fifty dollars.

Source: 50 SDR 157, effective July 2, 2024.

General Authority: SDCL 36-19-12.1.

Law Implemented: SDCL 36-19-18, 36-19-25, 36-19-27, 36-19-37.