North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1219 Compare Versions

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Version 2 (New)

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
	1	+	25.0940.01000
	2	+	Sixty-ninth
	3	+	Legislative Assembly
	4	+	of North Dakota
	5	+	Introduced by
	6	+	Representatives Mitskog, Schreiber-Beck
	7	+	Senator Luick
	8	+	A BILL for an Act to amend and reenact subsection 2 of section 23-21.1-03 of the North Dakota
	9	+	Century Code, relating to the perpetual care fund.
	10	+	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
	11	+	SECTION 1. AMENDMENT. Subsection 2 of section 23-21.1-03 of the North Dakota
	12	+	Century Code is amended and reenacted as follows:
	13	+	2.To continue to operate as a perpetual care cemetery, any suchan organization shall
	14	+	set aside and deposit in the perpetual care fund not less than the following amounts
	15	+	for lots of interment space thereafter sold or disposed of:
	16	+	a.A minimum of twentyten percent of the gross selling price with a minimum of
	17	+	twenty dollars for each adult space, whichever is the greater.
	18	+	b.A minimum of twentyten percent of the gross selling price for each child's space
	19	+	with a minimum of five dollars for each space up to forty-two inches [1006.8
	20	+	millimeters] in length or ten dollars for each space up to sixty inches [1524
	21	+	millimeters] in length, whichever is the greater.
	22	+	c.A minimum of twentyten percent of the gross selling price with a minimum of one
	23	+	hundred dollars for each space or crypt in a mausoleum, whichever is the
	24	+	greater, except a mausoleum located in a cemetery covered by a perpetual care
	25	+	fund which consists of at least twentyten percent of the proceeds received by the
	26	+	cemetery from the sale of cemetery lots, in which event, the perpetual care fund
	27	+	for the public or community mausoleum itself shall contain a minimum of
	28	+	twentyten percent of the cost of the construction of such public or community
	29	+	mausoleum.
	30	+	d.A minimum of twentyten percent of the gross selling price with a minimum of ten
	31	+	dollars for each inurnment niche in a columbarium, except a columbarium located
	32	+	Page No. 1 25.0940.01000
3	33		HOUSE BILL NO. 1219
4		-	(Representatives Mitskog, Schreiber-Beck)
5		-	(Senator Luick)
6		-	AN ACT to amend and reenact subsection 2 of section 23-21.1-03 of the North Dakota Century Code,
7		-	relating to the perpetual care fund.
8		-	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9		-	SECTION 1. AMENDMENT. Subsection 2 of section 23-21.1-03 of the North Dakota Century Code
10		-	is amended and reenacted as follows:
11		-	2.To continue to operate as a perpetual care cemetery, any suchan organization shall set aside
12		-	and deposit in the perpetual care fund not less than the following amounts for lots of interment
13		-	space thereafter sold or disposed of:
14		-	a.A minimum of twentyten percent of the gross selling price with a minimum of twenty
15		-	dollars for each adult space, whichever is the greater.
16		-	b.A minimum of twentyten percent of the gross selling price for each child's space with a
17		-	minimum of five dollars for each space up to forty-two inches [1006.8 millimeters] in
18		-	length or ten dollars for each space up to sixty inches [1524 millimeters] in length,
19		-	whichever is the greater.
20		-	c.A minimum of twentyten percent of the gross selling price with a minimum of one
21		-	hundred dollars for each space or crypt in a mausoleum, whichever is the greater, except
22		-	a mausoleum located in a cemetery covered by a perpetual care fund which consists of
23		-	at least twentyten percent of the proceeds received by the cemetery from the sale of
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	58	+	24 Sixty-ninth
	59	+	Legislative Assembly
	60	+	in a cemetery covered by a perpetual care fund which consists of at least
	61	+	twentyten percent of the proceeds received by the cemetery from the sale of
24	62		cemetery lots, in which event, the perpetual care fund for the public or community
25		-	mausoleum itself shall contain a minimum of twentyten percent of the cost of the
26		-	construction of such public or community mausoleum.
27		-	d.A minimum of twentyten percent of the gross selling price with a minimum of ten dollars
28		-	for each inurnment niche in a columbarium, except a columbarium located in a cemetery
29		-	covered by a perpetual care fund which consists of at least twentyten percent of the
30		-	proceeds received by the cemetery from the sale of cemetery lots, in which event, the
31		-	perpetual care fund for the public or community columbarium itself shall contain a
32		-	minimum of twentyten percent of the cost of the construction of such public or community
33		-	columbarium.
	63	+	columbarium itself shall contain a minimum of twentyten percent of the cost of the
	64	+	construction of such public or community columbarium.
34	65		e.A minimum of twentyten percent of the gross selling price with a minimum of one
35		-	hundred dollars, whichever is the greater, for each interment space in crypt gardens or
36		-	any other structure or device by whatever name, established or constructed wholly or
37		-	partially above the natural surface of the ground, for the interment of any dead human
38		-	body. H. B. NO. 1219 - PAGE 2
39		-	____________________________ ____________________________
40		-	Speaker of the House President of the Senate
41		-	____________________________ ____________________________
42		-	Chief Clerk of the House Secretary of the Senate
43		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
44		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1219.
45		-	House Vote: Yeas 92 Nays 0 Absent 2
46		-	Senate Vote:Yeas 39 Nays 7 Absent 1
47		-	____________________________
48		-	Chief Clerk of the House
49		-	Received by the Governor at ________M. on _____________________________________, 2025.
50		-	Approved at ________M. on __________________________________________________, 2025.
51		-	____________________________
52		-	Governor
53		-	Filed in this office this ___________day of _______________________________________, 2025,
54		-	at ________ o’clock ________M.
55		-	____________________________
56		-	Secretary of State
	66	+	hundred dollars, whichever is the greater, for each interment space in crypt
	67	+	gardens or any other structure or device by whatever name, established or
	68	+	constructed wholly or partially above the natural surface of the ground, for the
	69	+	interment of any dead human body.
	70	+	Page No. 2 25.0940.01000
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