SB 102-1_ Filed 03/04/2010, 18:16
Adopted 3/5/2010
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 102
Citations Affected: IC 23-14; IC 25-15-9-18; IC 29-2-19-17; IC 30-2-13-9.
Synopsis: Interment of service members' remains. 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. (This conference committee report removes provisions that: (1) make
changes to the definition of a "qualified service member" for purposes of determining
eligibility for assistance from the military family relief fund; and (2) adds a definition of
a "designated period".)
Effective: Upon passage.
CONFERENCE COMMITTEE REPORT
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 102 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
Delete everything after the enacting clause and insert the following:
SOURCE: IC 23-14-31-26; (10)CC010201.1.1. -->
SECTION 1. 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)CC010201.1.2. -->
SECTION 2. 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)CC010201.1.3. -->
SECTION 3. 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)CC010201.1.4. -->
SECTION 4. 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 this
chapter, 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)CC010201.1.5. -->
SECTION 5. 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)CC010201.1.6. -->
SECTION 6.
An emergency is declared for this act.
(Reference is to ESB 102 as printed February 16, 2010.)
Conference Committee Report
on
Engrossed Senate Bill 102
Text Box
S
igned by:
____________________________ ____________________________
Senator WyssRepresentative Tincher
Chairperson
____________________________ ____________________________
Senator Young RRepresentative Truitt
Senate Conferees House Conferees