Title 34, PUBLIC HEALTH AND SAFETY

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 busines…

A crematory that, in good faith, cremates and disposes of the cremated remains, in accordance with any directives contained in a pre - need contract authorizing the cremation, is immune from liability. Source: SL 1988, ch 283 , § 40; SL 2023, ch 129 , § 32.

Whenever there is a change in the ownership of a licensed crematory, a representative of the crematory shall report the change to the board, within thirty days. Source: SL 2023, ch 129 , § 31.

The State Board of Funeral Service may, after notice and a hearing, suspend or revoke licensure issued in accordance with § 34-26A-4.1 . The board shall promulgate rules, in accordance with chapter 1-26 , to establish the grounds for suspension or revocation of the licensure. Sou…

A form authorizing cremation must: (1) Contain the decedent's name and the manner in which the decedent's identity was verified; (2) Contain the name of the crematory and the person accepting the authorization to cremate on behalf of the crematory; (3) Indicate the auspices under…

If the person who signs an authorization to cremate, in accordance with § 34-26A-6.1 , is aware of a pre-need contract that the decedent has entered into, the signer shall, to the extent possible, follow the decedent's directives. Source: SL 2023, ch 129 , § 10.

No funeral home or crematory, or any employee of either is required to verify the information provided in the form authorizing cremation, as set forth in § 34-26A-6.1 , and no funeral home or crematory, or any employee of either may be held liable for any act or omission in relia…

If the person who has the right and duty to control the decedent's remains, as provided for in § 34-26-75 , is not physically present to execute the form authorizing cremation, the person may delegate that authority to another. Once a crematory has received written notice of a de…

Whenever a decedent is delivered to a crematory for cremation, crematory personnel shall complete a receipt that includes: (1) The name of the decedent; (2) The name and employer of the person who delivered the decedent to the crematory; (3) The date and time of the delivery; (4)…

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.

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…

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 …

Every engineer, or other person, having charge of any steam boiler, steam engine, or other apparatus for generating or employing steam, employed in any manufactory, railway, or other mechanical works, who negligently creates or allows to be created such an undue quantity of steam…

Sections 34-28-5 to 34-28-9 , inclusive, shall not be construed as repealing any local ordinance but shall be held and construed as ancillary and supplemental thereto, provided, however, that in the case of any conflict, the provisions of §§ 34-28-5 to 34-28-9 , inclusive, shall …

Any person, firm, or corporation abandoning or discarding in any public or private place accessible to children any chest, closet, piece of furniture, refrigerator, icebox, or other article having a compartment of a capacity of one and one - half cubic feet or more and having a d…

Terms as used in §§ 34-28-5 to 34-28-10 , inclusive, unless the context otherwise requires, mean: (1) "Bathtub enclosure," a sliding, pivoting, or hinged door and fixed panels which are glazed or to be glazed and used to form a barrier between the bathtub and the rest of the room…

Each lite of safety glazing material manufactured, distributed, imported, or sold for use in hazardous locations, or installed in such a location within the State of South Dakota shall be permanently labeled by such means as etching, sandblasting, firing of ceramic material, hot …

It is a Class 2 misdemeanor within the State of South Dakota to knowingly install, cause to be installed, or consent to installation of glazing materials other than safety glazing materials in any hazardous location. Source: SL 1973, ch 232 , § 3; SL 1977, ch 190 , § 81.

No liability under § 34-28-6 or 34-28-7 shall be created as to workmen who are employees of a material supplier, contractor, subcontractor, or other employer responsible for compliance with said sections. Source: SL 1973, ch 232 , § 4.

Terms as used in this chapter, unless the context otherwise requires, mean: (1) "Boiler," a closed vessel in which water is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum, for use externally to itself by the direct applicati…

If a commission is lost or destroyed, a new commission shall be issued in its place without another examination. Source: SL 1973, ch 229 , § 13.

If the chief inspector has reason to believe that a special inspector is no longer qualified to hold his commission, the Department of Public Safety shall, upon not less than ten days' written notice to the inspector and his employer, hold a hearing at which such inspector and hi…

A special inspector's commission may be suspended by the Department of Public Safety after due investigation and recommendation by the chief inspector, for the incompetence or untrustworthiness of the holder thereof or for willful falsification of any matter or statement containe…