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.
House Bill No. 1219 amends subsection 2 of section 23-21.1-03 of the North Dakota Century Code, which governs the perpetual care fund for cemeteries. The bill modifies the percentage of gross selling price that must be set aside for the perpetual care fund for various types of interment spaces, including adult lots, child spaces, mausoleum crypts, columbarium niches, and other interment structures. The amendment adjusts the minimum percentages from twenty percent to ten percent while maintaining minimum dollar amounts for each type of space, ensuring that funds are adequately allocated for the long-term maintenance of cemeteries.
The bill's passage will reduce the financial burden on cemetery organizations by lowering the percentage of sales that must be allocated to the perpetual care fund. This change may encourage more cemetery operations to maintain or establish perpetual care funds, potentially impacting the sustainability of cemetery maintenance and care in North Dakota. The adjustments to the minimum amounts required for various interment spaces may also lead to changes in pricing structures for consumers.
The sentiment surrounding HB1219 appears to be largely positive, as evidenced by the unanimous support in the House (92-0) and a significant majority in the Senate (39-7). The discussions leading up to the vote indicated a recognition of the need for flexibility in funding for perpetual care, suggesting that legislators believe the amendments will benefit both cemetery operators and consumers.
While the bill received broad support, some contention arose regarding the potential long-term implications of reducing the percentage allocated to the perpetual care fund. Critics expressed concerns that lowering the required contributions could jeopardize the sustainability of cemetery maintenance in the future, particularly for smaller or community-run cemeteries that rely heavily on these funds for upkeep.