Title 23 — Health and Safety
97 chapters · 659 sections in this title.
N.D.C.C. § 23-21.1-01 Applicability of statute
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Any person, firm, corporation, or other form of organization organized or engaging in the business under the laws of the state of North Dakota, or wheresoever organized and engaging in the business in the state of North Dakota, of the ownership, maintenance, or operation of a cem…
N.D.C.C. § 23-21.1-02 Definitions
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As used in this chapter: 1. "Nonperpetual care cemetery" means all other cemeteries, mausoleums, columbariums, or other organizations subject to the provisions of this chapter. 2. "Perpetual care cemetery" means any cemetery, mausoleum, columbarium, or other organization provided…
N.D.C.C. § 23-21.1-02.1 License to operate a perpetual care cemetery - Fee
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No organization may operate as a perpetual care cemetery unless licensed on forms provided by the department of health and human services by the recorder of the county within which the cemetery is located, unless the board of county commissioners designates a different official. …
N.D.C.C. § 23-21.1-03 Creation of perpetual care fund
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1. Any organization subject to this chapter which is organized or commences business in this state and desires to operate as a perpetual care cemetery, before selling or disposing of any interment space or lots, shall establish a minimum perpetual care and maintenance guarantee f…
N.D.C.C. § 23-21.1-03.1 Bond
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Each person charged by an organization with the statutory responsibility of setting aside and depositing funds in a perpetual care fund, before entering upon the discharge of the person's duties and annually thereafter, shall furnish a bond in the penal sum of an amount to be det…
N.D.C.C. § 23-21.1-04 Previously existing organizations
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Any such organization subject to the provisions of this chapter which was organized and engaged in business prior to the effective date of this chapter shall be a perpetual care cemetery if it at all times subsequent to the effective date of this chapter complies with the require…
N.D.C.C. § 23-21.1-05 Nonperpetual care cemeteries
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Each nonperpetual care cemetery shall post in a conspicuous place in the office or offices where sales are conducted a legible sign stating: "This is a nonperpetual care cemetery". The lettering of this sign must be of suitable size so it is easily read at a distance of fifty fee…
N.D.C.C. § 23-21.1-06 Nonperpetual care cemetery's qualification as perpetual care cemetery
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Any nonperpetual care cemetery after the effective date of this chapter may become a perpetual care cemetery by placing in the perpetual care trust fund twenty-five thousand dollars or five thousand dollars per acre [.40 hectare] of all property sold, whichever is the greater, an…
N.D.C.C. § 23-21.1-06.1 Cemetery lot - Neglect - Resale
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Any cemetery lot, transferred to an individual owner by a cemetery organization governed by the provisions of this chapter, in which no interment has been made and which remains uncared for or neglected by the owner for a period of thirty or more years may, except when the owner …
N.D.C.C. § 23-21.1-07 Unlawful acts
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It is unlawful for any organization subject to the provisions of this chapter to pay or offer to pay to, or for any person, firm, corporation, or limited liability company to receive directly or indirectly a commission or bonus or rebate or other things of value, for or in connec…
N.D.C.C. § 23-21.1-08 Unlawful acts - Denial of privilege of interment because of race or color
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It is unlawful for any organization subject to the provisions of this chapter to deny the privilege of interment of the remains of any deceased person in any cemetery described in section 23-21.1-01 solely because of the race or color of such deceased person. Any contract, agreem…
N.D.C.C. § 23-21.1-09 Penalties
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Any person violating any of the provisions of this chapter is guilty of a class A misdemeanor.
N.D.C.C. § 23-21.1-10 Continuing penalties
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Each day any person, firm, corporation, or limited liability company violates any provision of this chapter, except the commission of any act declared unlawful in section 23-21.1-08, must be deemed to be a separate and distinct offense.
N.D.C.C. § 23-21.1-11 Representations as to speculative investment prohibited
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No organization subject to the provisions of this chapter nor any person representing it may advertise or represent, in connection with the sale or attempted sale of any interment space, that the same is or will be a desirable speculative investment for resale purposes.
N.D.C.C. § 23-21.1-12 Severability
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If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the …
N.D.C.C. § 23-21.1-13 Effect on existing cemetery organizations - Enforcement
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The provisions of this chapter in no way affect existing statutes relating to the administration, regulation, or registration of all cemetery organizations. It is the duty of the state's attorney or the attorney general to enforce the provisions of this chapter.