Title 34 — PUBLIC HEALTH AND SAFETY

Source: PenC 1877, § 361; CL 1887, § 6562; RPenC 1903, § 366; RC 1919, § 3880; SDC 1939, § 13.1416.

The local registrar of vital records shall receive and file as a permanent record, the plat or map, or copy thereof, of each cemetery within his district as provided in this chapter; thereafter it shall be the duty of such registrar to regularly mark and designate upon each plat …

The local registrar of vital records shall provide and maintain for all burials within his district a card - index file, alphabetical by name of deceased and under cemetery name, such card - index record to be maintained on 3x5 cards, each bearing the following information: name …

For the purpose of locating the exact grave or burial space and the compiling and maintenance of an adequate and uniform burial-record system of the burials of all deceased persons, now located, together with all subsequent burials, within all cemeteries in the State of South Dak…

The local registrar of each registration district within the state is hereby authorized to receive and file in his office as a permanent record any information or data, pertaining to burials within his registration district, compiled by the "graves registration survey project," a…

Any person, officer, agent, or employee of any other person or of any corporation or partnership who shall: (1) Refuse or fail to furnish correctly any information in his possession or shall furnish false information affecting any certificate or record required by this chapter; (…

Whenever a cemetery or other place of burial is lawfully authorized to be removed from one place to another the right and duty to disinter, remove, and rebury the remains of bodies there lying buried devolves upon the persons named in §§ 34-26-16 and 34-26-17 in the order in whic…

The expense of removal pursuant to § 34-27-15 shall be paid by the person for whose benefit or upon whose complaint or petition it was made, before any order for such removal is made, with the right of such person to recover such expense from the estate of the decedent or persons…

Every omission of duty to disinter, remove, and rebury the remains of bodies in cemeteries or other places of burial when such removal has been lawfully authorized, is punishable in the same manner as omission to perform the duty of making burial is punished under the provisions …

Every person who opens any grave or any place of burial, temporary or otherwise, or who breaks open any building wherein any dead body of a human being is deposited while awaiting burial, with intent either: (1) To remove any dead body of a human being for the purpose of selling …

Every person who removes all or any part of the dead body of a human being from any grave or other place where the same has been buried, or from any place where the same is deposited while awaiting burial, with intent to sell the same or to dissect it without authority of law, or…

Every person who purchases or receives, except for the purpose of burial, any dead body of a human being, knowing that the same has been removed contrary to § 34-27-19 , is guilty of a Class 1 misdemeanor. Source: PenC 1877, § 359; CL 1887, § 6560; RPenC 1903, § 364; RC 1919, § 3…

Terms used in §§ 34-27-21 to 34-27-30 , inclusive, mean: (1) "Human skeletal remains," the bones of a human being; (2) "Funerary object," any artifact or object which was intentionally placed with a deceased person, either at the time of burial or interment or at some subsequent …

No person may knowingly buy, sell, or barter for profit human skeletal remains or associated funerary objects, previously buried within this state. A violation of this section is a Class 6 felony. Source: SL 1990, ch 6 , § 2. 34-27-23. Repealed by SL 1991, ch 281 , § 2.

No person may knowingly display funerary objects or human skeletal remains previously buried in South Dakota for profit or to aid and abet a commercial enterprise. A violation of this section is a Class 6 felony. Source: SL 1990, ch 6 , § 4.

Any person who encounters or discovers human skeletal remains or what he believes may be human skeletal remains in or on the ground shall immediately cease any activity which may disturb those remains and shall report the presence and location of such human skeletal remains to an…

No person unless authorized by the state archaeologist may knowingly disturb or knowingly permit disturbance of human skeletal remains or funerary objects except a law enforcement officer or coroner or other official designated by law in performance of official duties. A violatio…

If a law enforcement officer has reason to believe that the skeletal remains, reported pursuant to § 34-27-25 , may be human, he shall promptly notify the landowner and the coroner. If the remains reported under § 34-27-25 are not associated with or suspected of association with …

The State Historical Society Board of Trustees shall promulgate rules pursuant to chapter 1-26 : (1) To establish the persons who may be authorized by the state archaeologist to disturb human skeletal remains and funerary objects and the restrictions under which such persons shal…

If any state supported educational institution or state supported museum comes into possession of human skeletal remains or associated funerary objects from South Dakota following July 1, 1990, the institution or museum shall contact the state archaeologist within fifteen days of…

Any refusal by the state archaeologist to turn over remains or objects to a tribal group after a request is made under § 34-27-31 is reviewable as final agency action under chapter 1-26 . Any such appeal must be filed within thirty days of written notice of the refusal to the tri…

Any record maintained pursuant to § 1-20-21 pertaining to the location of unmarked burials and other human remains shall remain confidential to protect the integrity of unmarked burials, human skeletal remains, and associated funerary objects. The state archaeologist may make the…

Superseded.

It is a petty offense for any organization subject to the provisions of chapter 55-12 to deny the privilege of interment of the remains of any deceased person in any cemetery described in § 55-12-1 solely because of the race or color of such deceased person. Any contract, agreeme…

All copies of burial or removal permits shall be retained by the person in charge of any cemetery, or place of burial, and filed by him as a permanent record of such cemetery, and he shall forthwith make an exact copy of each burial or removal permit in a "burial record book," to…

It is the intent and purpose of §§ 34-27-8 and 34-27-9 to require every cemetery or place of burial to be platted or mapped into subdivisions, indicating individual grave spaces, thereby providing when such plat or map is placed on file in the registrar's office, a numerical or t…

Every person, firm, or association, every church, religious or benevolent society, and private or public corporation, owning or having under his or its control, any cemetery or place of burial in this state, shall keep and maintain a uniform record of all burials, and shall by it…

Each section, block, lot, and individual grave space in a cemetery shall be regularly numbered, such numbers to appear and be marked upon the face thereof, and the map or plat required by § 34-27-8 when completed shall have designated thereon, by uniform marking appearing in the …