North Dakota 2025 2025-2026 Regular Session

North Dakota House Bill HB1219 Introduced / Bill

Filed 01/10/2025

                    25.0940.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Mitskog, Schreiber-Beck
Senator Luick
A BILL for an Act to amend and reenact subsection 2 of section 23-21.1-03 of the North Dakota 
Century Code, relating to the perpetual care fund.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 2 of section 23-21.1-03 of the North Dakota 
Century Code is amended and reenacted as follows:
2.To continue to operate as a perpetual care cemetery, any suchan organization shall 
set aside and deposit in the perpetual care fund not less than the following amounts 
for lots of interment space thereafter sold or disposed of:
a.A minimum of twentyten percent of the gross selling price with a minimum of 
twenty dollars for each adult space, whichever is the greater.
b.A minimum of twentyten percent of the gross selling price for each child's space 
with a minimum of five dollars for each space up to forty-two inches [1006.8 
millimeters] in length or ten dollars for each space up to sixty inches [1524 
millimeters] in length, whichever is the greater.
c.A minimum of twentyten percent of the gross selling price with a minimum of one 
hundred dollars for each space or crypt in a mausoleum, whichever is the 
greater, except a mausoleum located in a cemetery covered by a perpetual care 
fund which consists of at least twentyten percent of the proceeds received by the 
cemetery from the sale of cemetery lots, in which event, the perpetual care fund 
for the public or community mausoleum itself shall contain a minimum of 
twentyten percent of the cost of the construction of such public or community 
mausoleum.
d.A minimum of twentyten percent of the gross selling price with a minimum of ten 
dollars for each inurnment niche in a columbarium, except a columbarium located 
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 HOUSE BILL NO. 1219
    
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24 Sixty-ninth
Legislative Assembly
in a cemetery covered by a perpetual care fund which consists of at least 
twentyten percent of the proceeds received by the cemetery from the sale of 
cemetery lots, in which event, the perpetual care fund for the public or community 
columbarium itself shall contain a minimum of twentyten percent of the cost of the 
construction of such public or community columbarium.
e.A minimum of twentyten percent of the gross selling price with a minimum of one 
hundred dollars, whichever is the greater, for each interment space in crypt 
gardens or any other structure or device by whatever name, established or 
constructed wholly or partially above the natural surface of the ground, for the 
interment of any dead human body.
Page No. 2	25.0940.01000
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