SB 22-1_ Filed 02/19/2002, 07:23 Lytle


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 22 be amended to read as follows:

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.)

________________________________________

Representative Lytle


MO002201/DI 77     2002