SB 562-1_ Filed 02/20/2007, 12:06
Adopted 2/20/2007
COMMITTEE REPORT
MADAM PRESIDENT:
The Senate Committee on Corrections, Criminal, and Civil Matters, to which was referred Senate Bill
No. 562, has had the same under consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
SOURCE: Page 1, line 1; (07)AM056201.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 23-14-41-4; (07)AM056201.1. -->
"SECTION 1. IC 23-14-41-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) In a family burial
plot:
(1) one (1) grave, crypt, or niche may be used for the record
owner's interment, entombment, or inurnment;
(2) after the record owner's interment, entombment, or inurnment,
one (1) grave, crypt, or niche may be used for the surviving
spouse of the record owner; and
(3) in the spaces remaining, if any, the parents and children of the
deceased record owner, in order of need, may be interred,
entombed, or inurned without the consent of any person claiming
an interest in the family burial plot.
(b) If there is no parent or child who survives the deceased record
owner, the right of interment, entombment, or inurnment in a family
burial plot shall go
(1) first, in order of need, to the spouse of any child of the
deceased record owner; and
(2) second, in order of need to:
(A) (1) the heirs at law of the deceased record owner,
or the
spouse of the heir if the heir is already interred, entombed, or
inurned, as specified by the statutes of descent; or
(B) (2) the spouse of any heir at law of the deceased record
owner.
SOURCE: IC 23-14-41-7; (07)AM056201.2. -->
SECTION 2. IC 23-14-41-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 7. If a family burial plot has been established under
section 3 of this chapter and all the living children and parents of
the deceased record owner consent in writing, the status as a family
burial plot may be terminated and the remaining lots may be
transferred, conveyed, or sold to the cemetery owner or any other
person designated in the agreement.
SOURCE: IC 23-14-47-3; (07)AM056201.3. -->
SECTION 3. IC 23-14-47-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. The fee that a
cemetery owner charges for services in connection with the installation
or use of commodities in the cemetery shall be the same to all
regardless of who furnishes the commodities. However, a cemetery
owner may reserve for itself the exclusive right to furnish services in
connection with the installation or use of commodities in the
cemetery.".
SOURCE: Page 5, line 13; (07)AM056201.5. -->
Page 5, between lines 13 and 14, begin a new paragraph and insert:
SOURCE: IC 23-14-58.5; (07)AM056201.6. -->
"SECTION 6. IC 23-14-58.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]:
Chapter 58.5. Disposition of Abandoned Burial Spaces
Sec. 1. (a) Subject to this chapter, if a burial space in a cemetery
that is subject to IC 23-14-41 or any other Indiana law:
(1) has remained unused for a period of at least fifty (50)
years from the date of sale or last recorded designation or
transfer; and
(2) has no improvements on the burial space, including the
placement of a monument, memorial, or other permanent
appurtenance;
the person or entity having jurisdiction over the cemetery may
terminate the rights and interests of the owner of the burial space.
(b) After July 1, 2007, a contract for the purchase of a burial
space must include notice that the contract is subject to
termination as provided in subsection (a).
Sec. 2. (a) If the person or entity having jurisdiction over the
cemetery:
(1) desires to terminate the rights and interests of the owner
of the burial space; and
(2) determines that the conditions specified in section 1 of this
chapter have been met;
the person or entity must send to the owner a notice of the intent
to terminate the owner's rights to the burial space.
(b) The notice required under subsection (a) must be sent by
certified mail with return receipt requested to the owner's last
known address.
Sec. 3. (a) An owner who has received a termination notice
under section 2 of this chapter may inform the person or entity
having jurisdiction over the cemetery of the owner's continued
intent to use the burial space. If the person or entity having
jurisdiction over the cemetery has been informed of the owner's
intent, the person or entity having jurisdiction over the cemetery
may not terminate the rights and interests of the owner of the
burial space.
(b) An owner who has received a termination notice under
section 2 of this chapter may request the person or entity having
jurisdiction over the cemetery to purchase the burial space for the
amount originally paid for the burial space.
Sec. 4. (a) If the person or entity having jurisdiction over the
cemetery has not received a response from the owner of the burial
space within sixty (60) days after sending the notice required in
section 2 of this chapter, the person or entity having jurisdiction
over the cemetery shall advertise in a newspaper of general
circulation in the county of the owner's last known address seeking
the owner's current address.
(b) If a new address for the owner of the burial space is obtained
after the advertising required in subsection (a), the notice
requirement under section 2 of this chapter must be repeated.
(c) If the person or entity having jurisdiction over the cemetery
has not received a response regarding the owner of the burial space
within sixty (60) days after placing the advertisement required in
subsection (a), the owner's rights and interests in the burial space
are terminated. After the rights and interests in a burial space are
terminated under this chapter, the person or entity having
jurisdiction over the cemetery may sell a burial space to a new
owner.
(d) If the owner of a burial space contacts the person or entity
having jurisdiction over the cemetery after the owner's rights and
interests in the burial space are terminated under this chapter, the
owner is entitled to select one (1) of the following remedies:
(1) The original burial space, if it has not been resold.
(2) Reimbursement of the amount originally paid for the
burial space.
(3) A comparable burial space in the cemetery.
Sec. 5. A person who:
(1) knowingly terminates an owner's rights and interests in a
burial space;
(2) knows or should have known the identity of the owner;
and
(3) fails to give the owner notice as required under this
chapter;
commits a Class B misdemeanor.".
SOURCE: Page 5, line 29; (07)AM056201.5. -->
Page 5, after line 29, begin a new paragraph and insert:
SOURCE: ; (07)AM056201.10. -->
"SECTION 10. [EFFECTIVE JULY 1, 2007]
IC 23-14-58.5-5, as
added by this act, applies only to acts committed after June 30,
2007.".
Renumber all SECTIONS consecutively.
(Reference is to SB 562 as introduced.)
and when so amended that said bill do pass .
Committee Vote: Yeas 6, Nays 0.
____________________________________
Senator Steele, Chairperson
AM 056201/DI 106 2007