Introduced Version






HOUSE BILL No. 1085

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 23-14-41.

Synopsis: Family burial plots. Allows for termination of the status of a burial plot as a family burial plot. Provides that family members terminating the status of a family burial plot may transfer the right of interment, entombment, or inurnment in the burial plot to individuals through sale, gift, or other method.

Effective: July 1, 2005.





Thomas




    January 6, 2005, read first time and referred to Committee on Public Policy and Veterans Affairs.







Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1085



    A BILL FOR AN ACT to amend the Indiana Code concerning business and other associations.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 23-14-41-3; (05)IN1085.1.1. -->     SECTION 1. IC 23-14-41-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. Upon the death of the record owner of the burial rights in a burial plot, the burial plot shall be held as the family burial plot of the deceased owner, if:
        (1) the remains of the record owner have been interred, entombed, inurned, or disposed of;
        (2) the record owner did not dispose of the burial rights by a specific devise in the owner's last will and testament or by a written designation or transfer of ownership recorded with the cemetery under IC 23-14-42; and
        (3) there is at least one (1) interment, entombment, or inurnment in the burial plot.
However, the status of the burial plot as a family burial plot may be terminated as provided in section 7 of this chapter.
SOURCE: IC 23-14-41-5; (05)IN1085.1.2. -->     SECTION 2. IC 23-14-41-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) A:
        (1) surviving spouse; or
        (2) parent, child, or heir;
of the deceased record owner of a family burial plot who has a right of interment, entombment, or inurnment in the plot may waive that right in favor of another relative or spouse of the deceased record owner through a written instrument that is recorded with the cemetery.
     (b) An individual in whose favor a right of interment, entombment, or inurnment is waived under subsection (a) may waive the right of interment, entombment, or inurnment in the family burial plot in favor of another relative of the deceased record owner through a written instrument that is recorded with the cemetery.
    (b) (c) After a written waiver is recorded under subsection (a) the body of or (b), the individual in whose favor the waiver is made:
        (1) has the right of interment, entombment, or inurnment in the family burial plot; and

         (2) may be interred, entombed, or inurned in the family burial plot.
SOURCE: IC 23-14-41-6; (05)IN1085.1.3. -->     SECTION 3. IC 23-14-41-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) An affidavit that sets forth:
        (1) the fact of the death of the record owner of the burial rights in a family burial plot; and
        (2) the name of the individual or individuals who are entitled to use the family burial plot in accordance with this chapter;
is complete authority to the cemetery to permit the use of the unoccupied portions of the family burial plot by the individual or individuals who are shown by the affidavit to be entitled to use the family burial plot.
     (b) An affidavit described in subsection (a) is voided by the termination of the status of a burial plot as a family burial plot under section 7 of this chapter.
SOURCE: IC 23-14-41-7; (05)IN1085.1.4. -->     SECTION 4. IC 23-14-41-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) The status of a burial plot as a family burial plot may be terminated as provided in this section.
    (b) The status of a burial plot as a family burial plot is terminated when:
        (1) every individual who has a right of interment, entombment, or inurnment in the family burial plot, or the individual's legal representative, executes and records with the cemetery an affidavit that meets the requirements of subsection (c); and
        (2) the cemetery owner records, for each grave space, crypt, or niche in the burial plot, the name of the individual to whom the right of interment, entombment, or inurnment is transferred, as specified in the affidavit recorded under subdivision (1).
    (c) An affidavit described in subsection (b) must meet the following requirements:
        (1) The affidavit documents the intent of an individual referred to in subsection (b)(1) to:
            (A) terminate the status of the burial plot as a family burial plot;
            (B) transfer all the individual's rights of interment, entombment, or inurnment in the burial plot to another individual through sale, gift, or other method; and
            (C) disclaim any future right of interment, entombment, or inurnment in the burial plot after the transfer under clause (B).
        (2) The affidavit specifies, for every grave space, crypt, or niche in the burial plot, the individual to whom the right of interment, entombment, or inunrnment is transferred under subdivision (1)(C).
        (3) The affidavit complies with the rules of the cemetery owner.
    (d) If more than one (1) affidavit is executed under this section, all affidavits must specify the same individuals to whom the rights of interment, entombment, or inurnment in the grave spaces, crypts, or niches of the burial plot are transferred.
    (e) After an affidavit has been:
        (1) executed under this section by each individual having a right of interment, entombment, or inurnment in the family burial plot, or the individual's legal representative; and
        (2) recorded with the cemetery;
an individual specified in the affidavit under subsection (c)(2) has the right of interment, entombment, or inurnment in the burial plot.