SOURCE: Page 7, line 39; (02)MO002201.7. -->
Page 7, between lines 39 and 40, begin a new paragraph and insert:
"
(e) This subsection applies only if the human remains are on
property owned or leased by a coal company. The remains, either
cremated or uncremated, of a deceased human may be removed
from a cemetery by a coal company if the coal company obtains a
court order authorizing the disinterment, disentombment, or
disinurnment. Before issuing a court order under this subsection,
a court must conduct a hearing and be satisfied as to the
following:
(1) That the property is owned or leased by the coal
company.
(2) That the coal company has obtained the written consent
of:
(A) the spouse of the deceased; or
(B) the parents of the deceased in the case of a deceased
minor child;
authorizing the disinterment, disentombment, or
disinurnment. If the consent is not available, the court may
waive the requirement after considering the viewpoint of any
issue (as defined in IC 29-1-1-3) of the deceased.
(3) That the department of natural resources, division of
historic preservation and archeology, has received at least
five (5) days written notice of the time, date, and place of any
hearing under this subsection. The notice must describe the
proposed place from which the remains will be removed.
(4) That a licensed funeral director has agreed to:
(A) be present at the removal and at the reinterment,
reentombment, or reinurnment of the remains; and
(B) cause the completed order of the state department of
health to be recorded in the office of the county recorder
of the county where the removal occurred.
(5) That the coal company has caused a notice of the
proposed removal to be published at least five (5) days before
the hearing in a newspaper of general circulation in the
county where the removal will occur.
(6) That the coal company will notify the department of
natural resources, division of historic preservation and
archeology after the hearing of the proposed time and date
when the remains will be removed. ".
Page 7, line 40, delete "(e)" and insert " (f)".
(Reference is to ESB 22 as printed February 15, 2002.)
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MO002201/DI 77 2002