34-27-10. Cemetery plats received by local registrar–Posting when burial permit issued. 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 […]
34-27-11. Card-index records of burials maintained by local registrar–Contents. 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 3×5 cards, each bearing the following information: name of cemetery, burial […]
34-27-12. Supervision of burial record system by Department of Health–Enforcement powers. 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 […]
34-27-13. Filing by local registrars of data from graves registration survey project–Fees not receivable. 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 […]
34-27-14. Violation or failure to maintain records as misdemeanor. 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; (2)Intentionally alter, otherwise […]
34-27-15. Duty of reinterment when cemetery removed–Punishment for omission of duty. 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 […]
34-27-16. Liability for expense of reinterment on removal of cemetery. 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 […]
34-27-17. Punishment for omission to reinter when cemetery removed. 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 […]
34-27-18. Opening grave or breaking building with intent to remove body or coffin as misdemeanor. 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 […]
34-27-19. Removing dead body maliciously or with intent to sell or dissect as misdemeanor. 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 […]
34-27-20. Receiving dead body unlawfully removed as misdemeanor. 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 […]
34-27-21. Definition of terms. 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 time, and which is reasonably associated with human […]
34-27-22. Buying, selling, or bartering human skeletal remains or funerary objects as felony. 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.
34-27-24. Commercial display of human skeletal remains or funerary objects as felony. 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.
34-27-25. Reporting discovery of human skeletal remains–Failure to report as misdemeanor. 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 […]
34-27-26. Disturbing human skeletal remains or funerary objects as felony. 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 violation of this section […]
34-27-28. Notification to landowner and coroner–Notification to state archaeologist and tribal officials–Time limits. 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 […]
34-27-30. Rules promulgated by State Historical Society Board of Trustees. 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 shall operate; and (2)To […]
34-27-31. Discovery of human remains or funerary objects by state educational institution or museum–Contact state archaeologist–Notice to tribal officials–Tribal request–Disposition of remains or objects. 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 […]
34-27-32. Refusal to turn over remains or objects to tribal group–Appeal. 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 […]
