23-21.1-03. Creation of perpetual care fund
1. Any organization subject to this chapter which is organized or commences business in
this state and desires to operate as a perpetual care cemetery, before selling or
disposing of any interment space or lots, shall establish a minimum perpetual care and
maintenance guarantee fund of twenty-five thousand dollars in cash, except that the
minimum perpetual care and maintenance guarantee fund for organizations in
operation on July 1, 1963, must be five thousand dollars. The perpetual care and
maintenance guarantee fund must be permanently set aside in trust to be
administered under the jurisdiction of the district court of the county wherein the
cemetery is located. The district court shall have jurisdiction over the approval of
trustees, reports and accounting of trustees, amount of surety bond required, and
investment of funds as provided by chapters 59-09, 59-10, 59-11, 59-12, 59-13, 59-14,
59-15, 59-16, 59-17, 59-18, and 59-19 relating to the administration of trust estates.
Only the income from such fund may be used for the care and maintenance of the
cemetery for which it was established. All such organizations shall submit at least
annually, to the district court, such reports as are required. The clerks of each of the
district courts shall transmit copies of all reports, and rules and regulations enacted by
the organization, to the department of health and human services and the
commissioner of financial institutions.
2. To continue to operate as a perpetual care cemetery, an organization shall set aside
and deposit in the perpetual care fund not less than the following amounts for lots of
interment space sold or disposed of:
a. A minimum of ten percent of the gross selling price with a minimum of twenty
dollars for each adult space, whichever is the greater.
b. A minimum of ten 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 ten percent of the gross selling price with a minimum of one
hundred dollars for each space or crypt in a mausoleum, whichever is greater,
except a mausoleum located in a cemetery covered by a perpetual care fund
which consists of at least ten 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 ten percent of
the cost of the construction of such public or community mausoleum.
d. A minimum of ten 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 ten 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 ten percent of the cost of the construction of such
public or community columbarium.
e. A minimum of ten 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.
3. There is no required perpetual care fund deposit on spaces provided without charge
for paupers and infants.
