AN ACT
ENTITLED, An Act to regulate the use of care and maintenance funds by perpetual care cemeteries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 55-12 be amended by adding a NEW SECTION to read:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 55-12 be amended by adding a NEW SECTION to read:
The proceeds arising from the income transferred to the earnings fund pursuant to § 55-12-8 for
the care and maintenance of the cemetery may only be used for protecting, preserving, improving,
and embellishing the cemetery and its appurtenances; preserving and caring, and marking of
abandoned or neglected graves; the repairing of monuments or gravestones; and may not be used for
any other purpose.
Section 2. That chapter 55-12 be amended by adding a NEW SECTION to read:
Section 2. That chapter 55-12 be amended by adding a NEW SECTION to read:
If the attorney general has reason to believe that a perpetual care cemetery is not using the money
in the earnings fund for the purposes listed in section 1 of this Act, the attorney general may
investigate the use of the money in the earnings fund. The attorney general may execute in writing
and may issue a subpoena upon any person who is believed to have information, documentary
material, or physical evidence relevant to an alleged misuse of the money in the earnings fund. The
subpoena shall require the person to furnish, under oath or otherwise, a report in writing setting forth
the relevant facts and circumstances of which the person has knowledge, or to appear and testify, or
to produce relevant documentary material or physical evidence for examination, at a reasonable time
and place as stated in the subpoena.
Section 3. That chapter 55-12 be amended by adding a NEW SECTION to read:
Section 3. That chapter 55-12 be amended by adding a NEW SECTION to read:
The attorney general may issue a subpoena under § 37-24-14 or an investigative demand under
§ 37-24-12 to any person and may conduct any hearing in aid of any investigation or inquiry. The
attorney general may prescribe the forms governing:
(1) The conduct of investigations;
(2) When, what, and to whom information concerning the use of the earnings fund will be
released; and
(3) The conditions under which assurances of voluntary compliance will be accepted.
Section 4. That chapter 55-12 be amended by adding a NEW SECTION to read:
Section 4. That chapter 55-12 be amended by adding a NEW SECTION to read:
If any person refuses to obey an investigative demand or subpoena, the attorney general may
petition the circuit court to enforce compliance under § 37-24-17.
Section 5. That chapter 55-12 be amended by adding a NEW SECTION to read:
Section 5. That chapter 55-12 be amended by adding a NEW SECTION to read:
If the attorney general has reason to believe that any person is using the money in the earnings
fund for purposes not related to the care and maintenance of the perpetual care cemetery, the attorney
general may bring an action in the name of the state against the person to restrain by temporary or
permanent injunction the use of the money in the earnings fund. The notice of the action shall state
generally the relief sought and be served at least three days before any hearing in the action.
Section 6. That chapter 55-12 be amended by adding a NEW SECTION to read:
Section 6. That chapter 55-12 be amended by adding a NEW SECTION to read:
The court may make any additional orders or judgments as may be necessary to restore to any
person in interest any moneys or property, real or personal, that the court finds to have been misused.
Additional relief may include the appointment of a receiver whenever it appears to the satisfaction
of the court that the defendant threatens or is about to remove, conceal, or dispose of his property
to the damage of persons to whom restoration would be made under this Act.
Section 7. That chapter 55-12 be amended by adding a NEW SECTION to read:
Section 7. That chapter 55-12 be amended by adding a NEW SECTION to read:
If a receiver is appointed by the court, the receiver may collect, receive, and take into the
receiver's possession all the goods and chattels, rights and credits, moneys and effects, land and
tenements, books, records, documents, papers, choses in action, bills, notes, and property of every
description. If any property has been commingled and the property cannot be identified because of
the commingling, the receiver may sell, convey, and assign the property and hold and dispose of any
An Act to regulate the use of care and maintenance funds by perpetual care cemeteries.
proceeds under the direction of the court.
An Act to regulate the use of care and maintenance funds by perpetual care cemeteries.
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I certify that the attached Act originated in the
SENATE as Bill No. 54
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 54 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
