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HB 1219

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.

69th Legislative Assembly (2025-26) Introduced by Larry Luick and 2 co-sponsors

The bill lowers the perpetual care fund deposit from 20% to 10% of gross cemetery space sales, while keeping minimum dollar thresholds for various spaces.

Filed with Secretary Of State 04/16
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Bill Summary · HB 1219

Summary — HB 1219 (North Dakota)

AN ACT to amend and reenact subsection 2 of section 23‑21.1‑03 of the North Dakota Century Code (perpetual care fund)

Purpose

The bill reduces the minimum share of cemetery sale proceeds that must be deposited into a perpetual care fund. It amends ND Century Code § 23‑21.1‑03(2) to lower the required deposit percentage for various types of interment spaces, while leaving the statutory minimum dollar amounts for some spaces unchanged.

Key provisions

  • Statute amended: NDCC § 23‑21.1‑03(2) (perpetual care fund).
  • Requirement change: For lots or interment spaces sold after enactment, cemetery organizations operating as perpetual care cemeteries must set aside and deposit into the perpetual care fund a minimum of ten percent (10%) of the gross selling price for each space (replacing the prior twenty percent (20%) requirement).
  • Minimum-dollar thresholds retained (whichever is greater applies):
    • Adult space: minimum $20.
    • Child’s space: minimum $5 for spaces up to 42 inches in length; $10 for spaces up to 60 inches.
    • Mausoleum space/crypt: minimum $100.
    • Columbarium inurnment niche: minimum $10.
    • Crypt gardens or above‑ground interment structures: minimum $100.
  • Provisions referencing public or community mausoleums/columbaria that are covered by an existing perpetual care fund remain (i.e., funds for those structures must contain a minimum percentage of construction cost where applicable), with the percentage reduced in line with the percentage change.

Who is affected

  • Primary: organizations operating perpetual care cemeteries in North Dakota (private cemetery associations, corporate owners, etc.).
  • Secondary: purchasers of burial plots, mausoleum spaces, niches, and related interment products (may see lower effective portion of price allocated to perpetual care).
  • Indirect: consumers and families relying on long‑term cemetery maintenance; regulators overseeing cemetery financial practices.

Potential impacts

  • Financial: Immediate reduction in the portion of sale proceeds required to be reserved for perpetual care (from 20% to 10%) will decrease near‑term additions to perpetual care funds. This may lower costs for sellers or purchasers in the short term, but could reduce long‑term reserves available for maintenance and upkeep of cemetery grounds and facilities.
  • Consumer protection/regulatory: Less mandatory funding could prompt concerns about future funding adequacy for perpetual maintenance; impacts depend on cemetery investment/maintenance policies and overall market behavior.
  • No express changes to enforcement, oversight, or rulemaking are included in the text.

Procedural / timeline notes

  • Bill text amends subsection 2 of § 23‑21.1‑03 and replaces the statutory percentage requirement.
  • Sponsors (as shown in the enrollment text): Representatives Mitskog and Schreiber‑Beck; Senator Luick.
  • Record in the provided materials indicates the measure progressed through the Sixty‑ninth Legislative Assembly (House vote recorded 92–0; Senate vote recorded 39–7) and was enrolled; status shown as filed with Secretary of State on 04/16. (Check the official Legislative Assembly website or Secretary of State filings for final enactment/effective date and certification.)

Where to find the change

  • Amended statute: North Dakota Century Code, Title/Chapter containing § 23‑21.1‑03. The bill replaces the prior 20% language with 10% in subsection 2 and retains the listed minimum dollar amounts.

If you want, I can draft a short fiscal or policy memo analyzing likely long‑term funding scenarios for perpetual care funds under a 10% requirement (including sample fund accumulation projections).

Compiled from official sources — confirm details with the bill’s official record.

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