February 16, 2010





ENGROSSED

SENATE BILL No. 102

_____


DIGEST OF SB 102 (Updated February 11, 2010 9:26 am - DI 116)



Citations Affected: IC 10-17; IC 23-14; IC 25-15; IC 29-2; IC 30-2.

Synopsis: Military and veteran matters. Makes changes to the definition of a qualified service member for purposes of determining eligibility for assistance from the military family relief fund. Adds a definition of a "designated period". Provides that a person granted the authority to direct the disposition of remains of a service member in a certain United States Department of Defense form is second (after the person designated in a funeral planning directive) in the priority of individuals who may authorize the cremation of another person's remains and who may authorize the owner of a cemetery to inter, entomb, or inurn the body or cremated remains of a deceased human.

Effective: Upon passage; July 1, 2010.





Wyss , Charbonneau , Zakas, Landske, Paul
(HOUSE SPONSORS _ TINCHER, SOLIDAY, BARNES)




    January 5, 2010, read first time and referred to Committee on Homeland Security, Transportation & Veterans Affairs.
    January 28, 2010, amended, reported favorably _ Do Pass.
    February 1, 2010, read second time, ordered engrossed. Engrossed.
    February 2, 2010, read third time, passed. Yeas 50, nays 0.

HOUSE ACTION

    February 8, 2010, read first time and referred to Committee on Veterans Affairs and Public Safety.
    February 16, 2010, amended, reported _ Do Pass.






February 16, 2010

Second Regular Session 116th General Assembly (2010)


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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.


ENGROSSED

SENATE BILL No. 102



    A BILL FOR AN ACT to amend the Indiana Code concerning public safety.

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

SOURCE: IC 10-17-12-4.5; (10)ES0102.1.1. -->     SECTION 1. IC 10-17-12-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4.5. As used in this chapter, "designated period" refers to active duty service:
        (1) during a time of war or national conflict; or
        (2) upon the call of the President of the United States or the governor:
            (A) for a national or state emergency;
            (B) to provide humanitarian assistance; or
            (C) for peacekeeping operations.

SOURCE: IC 10-17-12-7.5; (10)ES0102.1.2. -->     SECTION 2. IC 10-17-12-7.5, AS ADDED BY P.L.50-2009, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7.5. As used in this chapter, "qualified service member" means an individual who is:
        (1) an Indiana resident;
        (2) a member of:
            (A) the armed forces; or
            (B) the National Guard; and
        (3) serving on active duty:
            (A) after September 11, 2001; and
            (B) during a time of national conflict or war.
             (B) during a designated period.
SOURCE: IC 10-17-12-8; (10)ES0102.1.3. -->     SECTION 3. IC 10-17-12-8, AS AMENDED BY P.L.50-2009, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) The military family relief fund is established to provide assistance with food, housing, utilities, medical services, basic transportation, child care, education, employment or workforce, and other essential family support expenses that have become difficult to afford for qualified service members or dependents of qualified service members.
    (b) Except as provided in section 9 of this chapter, the board shall expend the money in the fund exclusively to provide grants for assistance as described in subsection (a).
    (c) A qualified service member or the qualified service member's dependent may be eligible to receive assistance from the fund for up to one (1) year after the earlier of the following:
        (1) the date the qualified service member's active duty service ends.
        (2) The date, as established by presidential proclamation the President of the United States, the governor, or by law, of the cessation of the national conflict or war designated period with respect to which the qualified service member is eligible to receive assistance under section 7.5(3)(B) of this chapter.
    (d) The board shall administer the fund.
SOURCE: IC 10-17-13-10; (10)ES0102.1.4. -->     SECTION 4. IC 10-17-13-10, AS AMENDED BY P.L.50-2009, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. (a) The board shall manage and develop the fund and the assets of the fund.
    (b) The board shall do the following:
        (1) Establish a policy for the investment of the assets of the fund. In establishing a policy under this subdivision, the board shall:
            (A) establish adequate long term financial goals for the fund; and
            (B) provide adequate funding for the military family relief fund established by IC 10-17-12-8. during a time of war or national conflict.
        (2) Acquire money for the fund through the solicitation of private or public donations and other revenue producing activities.
        (3) Perform other tasks consistent with prudent management and

development of the fund.

SOURCE: IC 23-14-31-26; (10)ES0102.1.5. -->     SECTION 5. IC 23-14-31-26, AS AMENDED BY P.L.143-2009, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 26. (a) Except as provided in subsection (c), the following persons, in the priority listed, have the right to serve as an authorizing agent:
         (1) An individual granted the authority to serve in a funeral planning declaration executed by the decedent under IC 29-2-19, or the person named in a United States Department of Defense form "Record of Emergency Data" (DD Form 93) or a successor form adopted by the United States Department of Defense, if the decedent died while serving in any branch of the United States Armed Forces (as defined in 10 U.S.C. 1481) and completed the form.
        (1) An individual granted the authority to serve in a funeral planning declaration executed by the decedent under IC 29-2-19.
        (2) An individual granted the authority to serve in a health care power of attorney executed by the decedent under IC 30-5-5-16.
        (3) The individual who was the spouse of the decedent at the time of the decedent's death.
        (4) The decedent's surviving adult children. If more than one (1) adult child is surviving, any adult child who confirms in writing that the other adult children have been notified, unless the crematory authority receives a written objection to the cremation from another adult child.
        (5) The decedent's surviving parent. If the decedent is survived by both parents, either parent may serve as the authorizing agent unless the crematory authority receives a written objection to the cremation from the other parent.
        (6) The individual in the next degree of kinship under IC 29-1-2-1 to inherit the estate of the decedent. If more than one (1) individual of the same degree is surviving, any person of that degree may serve as the authorizing agent unless the crematory authority receives a written objection to the cremation from one (1) or more persons of the same degree.
        (7) In the case of an indigent or other individual whose final disposition is the responsibility of the state or township, the following may serve as the authorizing agent:
            (A) If none of the persons identified in subdivisions (1) through (6) are available:
                (i) a public administrator, including a responsible township trustee or the trustee's designee; or
                (ii) the coroner.
            (B) A state appointed guardian.
        However, an indigent decedent may not be cremated if a surviving family member objects to the cremation or if cremation would be contrary to the religious practices of the deceased individual as expressed by the individual or the individual's family.
        (8) In the absence of any person under subdivisions (1) through (7), any person willing to assume the responsibility as the authorizing agent, as specified in this article.
    (b) When a body part of a nondeceased individual is to be cremated, a representative of the institution that has arranged with the crematory authority to cremate the body part may serve as the authorizing agent.
    (c) If:
        (1) the death of the decedent appears to have been the result of:
            (A) murder (IC 35-42-1-1);
            (B) voluntary manslaughter (IC 35-42-1-3); or
            (C) another criminal act, if the death does not result from the operation of a vehicle; and
        (2) the coroner, in consultation with the law enforcement agency investigating the death of the decedent, determines that there is a reasonable suspicion that a person described in subsection (a) committed the offense;
the person referred to in subdivision (2) may not serve as the authorizing agent.
    (d) The coroner, in consultation with the law enforcement agency investigating the death of the decedent, shall inform the crematory authority of the determination referred to in subsection (c)(2).
SOURCE: IC 23-14-55-2; (10)ES0102.1.6. -->     SECTION 6. IC 23-14-55-2, AS AMENDED BY P.L.143-2009, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection (d), the owner of a cemetery is authorized to inter, entomb, or inurn the body or cremated remains of a deceased human upon the receipt of a written authorization of an individual who professes either of the following:
        (1) To be (in the priority listed) one (1) of the following:
             (A) An individual granted the authority to serve in a funeral planning declaration executed by the decedent under IC 29-2-19, or the person named in a United States Department of Defense form "Record of Emergency Data" (DD Form 93) or a successor form adopted by the United States Department of Defense, if the decedent died while

serving in any branch of the United States Armed Forces (as defined in 10 U.S.C. 1481) and completed the form.
            (A) An individual granted the authority in a funeral planning declaration executed by the decedent under IC 29-2-19.
            (B) An individual granted the authority in a health care power of attorney executed by the decedent under IC 30-5-5-16.
            (C) The individual who was the spouse of the decedent at the time of the decedent's death.
            (D) The decedent's surviving adult child. If more than one (1) adult child is surviving, any adult child who confirms in writing that the other adult children have been notified, unless the owner of the cemetery receives a written objection to the disposition from another adult child.
            (E) The decedent's surviving parent. If the decedent is survived by both parents, either parent unless the cemetery owner receives a written objection to the disposition from the other parent.
            (F) The individual in the next degree of kinship under IC 29-1-2-1 to inherit the estate of the decedent. If more than one (1) individual of the same degree of kinship is surviving, any person of that degree unless the cemetery owner receives a written objection to the disposition from one (1) or more persons of the same degree of kinship.
        (2) To have acquired by court order the right to control the disposition of the deceased human body or cremated remains.
The owner of a cemetery may accept the authorization of an individual only if all other individuals of the same priority or a higher priority (according to the priority listing in this subsection) are deceased, are barred from authorizing the disposition of the deceased human body or cremated remains under subsection (d), or are physically or mentally incapacitated from exercising the authorization, and the incapacity is certified to by a qualified medical doctor.
    (b) A cemetery owner is not liable in any action for making an interment, entombment, or inurnment under a written authorization described in subsection (a) unless the cemetery owner had actual notice that the representation made under subsection (a) by the individual who issued the written authorization was untrue.
    (c) An action may not be brought against the owner of a cemetery relating to the remains of a human that have been left in the possession of the cemetery owner without permanent interment, entombment, or inurnment for a period of three (3) years, unless the cemetery owner has entered into a written contract for the care of the remains.


    (d) If:
        (1) the death of the decedent appears to have been the result of:
            (A) murder (IC 35-42-1-1);
            (B) voluntary manslaughter (IC 35-42-1-3); or
            (C) another criminal act, if the death does not result from the operation of a vehicle; and
        (2) the coroner, in consultation with the law enforcement agency investigating the death of the decedent, determines that there is a reasonable suspicion that a person described in subsection (a) committed the offense;
the person referred to in subdivision (2) may not authorize the disposition of the decedent's body or cremated remains.
    (e) The coroner, in consultation with the law enforcement agency investigating the death of the decedent, shall inform the cemetery owner of the determination referred to in subsection (d)(2).
SOURCE: IC 25-15-9-18; (10)ES0102.1.7. -->     SECTION 7. IC 25-15-9-18, AS AMENDED BY P.L.143-2009, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 18. (a) Except as provided in subsection (b), the following persons, in the order of priority indicated, have the authority to designate the manner, type, and selection of the final disposition and interment of human remains:
         (1) An individual granted the authority to serve in a funeral planning declaration executed by the decedent under IC 29-2-19, or the person named in a United States Department of Defense form "Record of Emergency Data" (DD Form 93) or a successor form adopted by the United States Department of Defense, if the decedent died while serving in any branch of the United States Armed Forces (as defined in 10 U.S.C. 1481) and completed the form.
        (1) An individual granted the authority in a funeral planning declaration executed by the decedent under IC 29-2-19.
        (2) An individual granted the authority in a health care power of attorney executed by the decedent under IC 30-5-5-16.
        (3) The individual who was the spouse of the decedent at the time of the decedent's death.
        (4) The decedent's surviving adult child. If more than one (1) adult child is surviving, any adult child who confirms in writing that the other adult children have been notified, unless the licensed funeral director or licensed funeral home receives a written objection from another adult child.
        (5) The decedent's surviving parent. If the decedent is survived by both parents, either parent has the authority unless the licensed

funeral director or licensed funeral home receives a written objection from the other parent.
        (6) The individual in the next degree of kinship under IC 29-1-2-1 to inherit the estate of the decedent. If more than one (1) individual of the same degree survives, any person of that degree has the authority unless the licensed funeral director or licensed funeral home receives a written objection from one (1) or more persons of the same degree.
        (7) In the case of an indigent or other individual whose final disposition is the responsibility of the state or township, the following:
            (A) If none of the persons identified in subdivisions (1) through (6) is available:
                (i) a public administrator, including a responsible township trustee or the trustee's designee; or
                (ii) the coroner.
            (B) A state appointed guardian.
    (b) If:
        (1) the death of the decedent appears to have been the result of:
            (A) murder (IC 35-42-1-1);
            (B) voluntary manslaughter (IC 35-42-1-3); or
            (C) another criminal act, if the death does not result from the operation of a vehicle; and
        (2) the coroner, in consultation with the law enforcement agency investigating the death of the decedent, determines that there is a reasonable suspicion that a person described in subsection (a) committed the offense;
the person referred to in subdivision (2) may not authorize or designate the manner, type, or selection of the final disposition and internment of human remains.
    (c) The coroner, in consultation with the law enforcement agency investigating the death of the decedent, shall inform the cemetery owner or crematory authority of the determination under subsection (b)(2).

SOURCE: IC 29-2-19-17; (10)ES0102.1.8. -->     SECTION 8. IC 29-2-19-17, AS ADDED BY P.L.143-2009, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 17. The right to control the disposition of a decedent's body, to make arrangements for funeral services, and to make other ceremonial arrangements after an individual's death devolves on the following, in the priority listed:
         (1) An individual granted the authority to serve in a funeral planning declaration executed by the decedent under

IC 29-2-19, or the person named in a United States Department of Defense form "Record of Emergency Data" (DD Form 93) or a successor form adopted by the United States Department of Defense, if the decedent died while serving in any branch of the United States Armed Forces (as defined in 10 U.S.C. 1481) and completed the form.
        (1) An individual granted the authority in a funeral planning declaration executed by the decedent under this chapter.
        (2) An individual granted the authority in a health care power of attorney executed by the decedent under IC 30-5-5-16.
        (3) The decedent's surviving spouse.
        (4) A surviving adult child of the decedent.
        (5) A surviving parent of the decedent.
        (6) An individual in the next degree of kinship under IC 29-1-2-1 to inherit the estate of the decedent.

SOURCE: IC 30-2-13-9; (10)ES0102.1.9. -->     SECTION 9. IC 30-2-13-9, AS AMENDED BY P.L.143-2009, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) Except as provided in subsection (b), as used in this chapter, "purchaser" means a person or firm contracting with a seller for services or merchandise to be provided or delivered for a named individual.
    (b) As used in section 13(b) of this chapter, "purchaser" means:
         (1) the person named in a United States Department of Defense form "Record of Emergency Data" (DD Form 93) or a successor form adopted by the United States Department of Defense, if the decedent died while serving in any branch of the United States Armed Forces (as defined in 10 U.S.C. 1481) and completed the form.
        (1) (2) an individual granted the authority in a funeral planning declaration executed by the decedent under IC 29-2-19;
        (2) (3) an individual described in subsection (a);
        (3) (4) the attorney in fact, appointed under IC 30-5, of an individual described in subsection (a);
        (4) (5) the guardian, appointed under IC 29-3, of an individual described in subsection (a); or
        (5) (6) if an individual described in subsection (a) is deceased:
            (A) the surviving spouse of the individual;
            (B) if there is no surviving spouse, the adult children of the individual;
            (C) if there is no surviving spouse or surviving adult child, the surviving parent or parents of the individual; or
            (D) if there is neither a surviving spouse nor adult children,

nor a surviving parent, the personal representative (as defined in IC 29-1-1-3) of the individual.

SOURCE: ; (10)ES0102.1.10. -->     SECTION 10. An emergency is declared for this act.