28-17-1      County to employ funeral director to supervise burial or cremation of indigent person.
28-17-2      Funeral expense borne by county of residence or where death occurred.
28-17-3      Selection of funeral director--Decision regarding burial or cremation--Advertising for bids prohibited.
28-17-4      Services required of funeral director--Sum allowed.
28-17-5      Contract for burial space and cemetery services.
28-17-6      Payment of expenses by county--Reimbursement by county of residency--Conduct of funeral and payment of expenses for deceased veterans.

28-17-1. County to employ funeral director to supervise burial or cremation of indigent person.

If any person dies within any county, who does not have money or means necessary to defray the funeral expenses, and whose relatives or friends are unable or unwilling to defray the expenses, the county commissioners shall employ a funeral director to provide for and superintend the burial or cremation of the deceased person.

Source: SDC 1939, § 50.0105; SL 1976, ch 173, § 23; SL 2012, ch 152, § 1.

28-17-2. Funeral expense borne by county of residence or where death occurred.

If any person who is destitute and has no estate dies within the state, and who has no one legally bound for funeral expenses, and where there is no other source to pay the cost of burial or cremation expense, the funeral expenses shall be borne by the county in which the deceased was a resident at time of death. If no residence can be determined for the deceased person, the funeral expenses shall be borne by the county in which death occurred.

Source: SDC 1939, § 12.1911; SL 1947, ch 42; SL 1953, ch 24; SL 1967, ch 19; SL 2012, ch 152, § 2.

28-17-3. Selection of funeral director--Decision regarding burial or cremation--Advertising for bids prohibited.

The selection of a funeral director may be made by the tribe or next of kin, if any, otherwise by the board of county commissioners. The determination whether the decedent is buried or cremated may be made by the tribe or next of kin, if any, otherwise by the board of county commissioners. In no case may the county commissioners advertise for bids on burial or cremation of indigent poor.

Source: SDC 1939, § 12.1911 as added by SL 1953, ch 24; SL 1967, ch 19; SL 2012, ch 152, § 3.

28-17-4. Services required of funeral director--Sum allowed.

On county burials, the funeral director in charge shall furnish a casket and outside container and conduct the funeral services. On county cremations, the funeral director in charge shall furnish an urn or container and conduct the funeral services. The county shall allow the funeral director for merchandise and services rendered, a sum to be established by resolution of the board of county commissioners at the annual organizational meeting.

Source: SDC 1939, § 12.1911 as added by SL 1953, ch 24; SL 1967, ch 19; SL 1971, ch 170; SL 1972, ch 159; SL 1976, ch 173, § 24; SL 2012, ch 152, § 4.

28-17-5. Contract for burial space and cemetery services.

In addition to the burial and cremation expenses provided in § 28-17-4, the county commissioners may contract with cemeteries within the state for burial space in a cemetery and the opening and closing of the grave.

Source: SDC 1939, § 12.1911 as added by SL 1953, ch 24; SL 1967, ch 19; SL 1972, ch 160; SL 1975, ch 185; SL 2012, ch 152, § 5.

28-17-6. Payment of expenses by county--Reimbursement by county of residency--Conduct of funeral and payment of expenses for deceased veterans.

The necessary and reasonable expenses of burial or cremation under this chapter shall be paid by the county treasurer, upon the order of the commissioners. If the decedent had an established residency according to § 28-13-3 in a county in this state different from that in which the decedent died, the county paying the funeral expenses shall be reimbursed by the county in which the decedent had an established residency. If the decedent was an honorably discharged United States soldier, sailor, marine, or aviator, the funeral shall be conducted and expenses paid as provided in chapter 33A-5.

Source: SDC 1939, § 50.0105; SL 1976, ch 173, § 25; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2012, ch 152, § 6.