South Dakota 2023 Regular Session

South Dakota Senate Bill SB141

Introduced
1/26/23  
Refer
1/26/23  
Report Pass
2/3/23  
Engrossed
2/7/23  
Refer
2/9/23  
Report Pass
3/2/23  
Enrolled
3/6/23  

Caption

Clarify and modernize cremation requirements and procedures.

Impact

The proposed legislation fundamentally alters how crematories are regulated in South Dakota. By establishing detailed requirements for licensing, operation, and maintenance of crematories, SB141 is designed to enhance the safety and efficiency of cremation services. Notably, the bill mandates that crematories maintain a record of each cremation along with the handling of cremated remains, ensuring greater accountability. Additionally, it delineates the responsibilities of those authorized to make decisions about cremation, potentially reducing disputes in the handling of a decedent's remains.

Summary

SB141, entitled 'An Act to clarify and modernize cremation requirements and procedures,' was introduced to update the existing laws regarding cremation processes in South Dakota. The bill seeks to establish clear definitions for terms related to cremation, such as 'cremated remains,' 'cremation chamber,' and 'crematory.' It also outlines the specific conditions under which crematories must operate, including the licensure process with the State Board of Funeral Service and the responsibilities of crematory operators. Through annual inspections and documentation requirements, the bill aims to ensure compliance with health and safety standards during the cremation process.

Sentiment

The sentiment surrounding the bill appears to be largely supportive as it is seen as a necessary update to ensure that cremation practices are safe and regulated. Legislative discussions have highlighted the importance of maintaining high standards in funeral services, which is viewed positively by many stakeholders in the industry. However, some concerns were raised about the administrative burdens being placed on smaller crematories and funeral homes, particularly regarding compliance with licensing and record-keeping requirements.

Contention

There are points of contention related to the balance between improving regulation and the impact on smaller operators within the funeral service industry. Critics worry that the additional requirements for licensing and documentation may create financial burdens for smaller cremation services, potentially leading to a consolidation of services in the industry. This concern underscores an ongoing debate regarding the extent of state intervention in local funeral services and the implications for community accessibility to these services.

Companion Bills

No companion bills found.

Similar Bills

NJ S3720

Allows for operation of crematories at locations not situated on cemetery grounds or funeral homes properties; provides for issuance of permits for certain crematories.

NJ A4216

Allows for operation of crematories at locations not situated on cemetery grounds or funeral homes properties; provides for issuance of permits for certain crematories.

NJ A1467

Allows for operation of crematories at locations not situated on cemetery grounds or funeral home properties.

NJ A582

Allows for operation of crematories at locations not situated on cemetery grounds or funeral home properties.

MS HB1231

Funeral homes; revise various provisions relating to disposition of bodies, crematories and preneed contracts.

HI HB680

Relating To Human Remains.

NM SB368

Traditional & Nontraditional Cremation

HI HB1894

Relating To Human Remains.