Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1219
(Representatives Mitskog, Schreiber-Beck)
(Senator Luick)
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 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. H. B. NO. 1219 - PAGE 2
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
Assembly of North Dakota and is known on the records of that body as House Bill No. 1219.
House Vote: Yeas 92 Nays 0 Absent 2
Senate Vote:Yeas 39 Nays 7 Absent 1
____________________________
Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State