April 6, 2007
ENGROSSED
SENATE BILL No. 562
_____
DIGEST OF SB 562
(Updated April 4, 2007 3:52 pm - DI 107)
Citations Affected: IC 23-14; IC 30-2; IC 34-30; noncode.
Synopsis: Authorization procedures for disinterment. Provides that the
remains of a deceased human being shall not be removed from a
cemetery without written consent from one of the following classes of
individuals, in order of priority: (1) The spouse at the time of the
deceased's death. (2) A surviving adult child of the deceased. (3) A
surviving parent of the deceased. (3) An individual in the next degree
of kinship to the deceased under state laws governing intestate
succession. (Current law requires the written consent of the deceased's:
(1) spouse; or (2) in the case of a deceased minor child, parents.)
Specifies that if more than one individual in the same class survives the
deceased, the requirement for written consent is satisfied if: (1) any
individual in the class consents to the proposed removal; and (2) the
state department of health (department) does not receive an objection
to the removal from any other individual in the class. Makes
conforming changes to provisions allowing: (1) the required consent to
(Continued next page)
Mishler
, Smith S
(HOUSE SPONSORS _ SUMMERS, FRIEND, KLINKER, NOE)
January 23, 2007, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
February 20, 2007, amended, reported favorably _ Do Pass.
February 26, 2007, read second time, ordered engrossed. Engrossed.
February 27, 2007, read third time, passed. Yeas 47, nays 0.
HOUSE ACTION
March 6, 2007, read first time and referred to Committee on Family, Children and Human
Affairs.
April 5, 2007, amended, reported _ Do Pass.
Digest Continued
be waived under certain circumstances; (2) a coal company to remove
human remains from property owned or leased by the coal company;
and (3) the removal of human remains from a cemetery plot for the
purpose of autopsy or reinterment, reentombment, or reinurnment in
another cemetery. Eliminates provisions requiring the department to
take certain actions before authorizing the removal of human remains.
Provides that a: (1) licensed funeral director; or (2) cemetery owner; is
not liable in an action brought by a person because of the removal of
a deceased's remains unless the licensed funeral director or the
cemetery owner had actual notice that a representation made in a
required written consent was untrue. Specifies the order of need for a
family burial plot and allows the living parents and children to
terminate the status of a family burial plot. Allows a cemetery to
terminate the rights and interests of the owner of the burial space if the
burial space has: (1) remained unused for a period of at least 50 years
from the date of sale or last recorded designation or transfer; and (2)
not had improvements on the burial space. Makes it a Class C felony
if a person knowingly or intentionally uses funds in a perpetual care
fund, endowment care fund, or funeral trust for purposes other than the
perpetual care fund, endowment fund, or funeral trust was established.
April 6, 2007
First Regular Session 115th General Assembly (2007)
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 2006 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 562
A BILL FOR AN ACT to amend the Indiana Code concerning
business and other associations.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 23-14-41-4; (07)ES0562.1.1. -->
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)ES0562.1.2. -->
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)ES0562.1.3. -->
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: IC 23-14-48-9; (07)ES0562.1.4. -->
SECTION 4. IC 23-14-48-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. (a) Except as
provided in subsection subsections (b) and (c), a person who
knowingly violates this chapter commits a Class A misdemeanor.
(b) A person who makes a false or fraudulent representation as to
the existence, amount, investment, control, or condition of a perpetual
care fund of a cemetery for the purpose of inducing another to purchase
any burial right commits a Class C infraction.
(c) A person who knowingly or intentionally uses funds in a
perpetual care fund or an endowment care fund established under
this chapter for purposes other than the perpetual care of the
cemetery for which the perpetual care fund or endowment fund
was established commits a Class C felony.
SOURCE: IC 23-14-57-1; (07)ES0562.1.5. -->
SECTION 5. IC 23-14-57-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. (a) As used in this
section,
"removal" or "removed" refers to the disinterment,
disentombment, or disinurnment of the remains of a deceased human.
(b) Except as provided in subsection (e)
and sections 4 and 5 of
this chapter, the remains, either cremated or uncremated, of a
deceased human shall not be removed from a cemetery without:
(1) a written order:
(A) that is issued by the state department of health;
and
(B) that authorizes the removal of the deceased's remains;
(2) the written consent of:
(A) the owner of the cemetery; or
(B) the owner's representative; and
(3) the written consent of
a person or persons referred to in one
(1) of the following clauses, which are listed according to
priority:
(A)
The individual who was the spouse of the deceased
at
the time of the deceased's death. or
(B) the parents of the deceased in the case of a deceased minor
child;
authorizing the disinterment, disentombment, or disinurnment.
(B) The surviving adult child of the deceased. If there is
more than one (1) surviving adult child of the deceased, the
requirement for written consent under this subdivision is
satisfied if:
(i) any one (1) of the surviving adult children provides
written consent to the removal of the deceased's
remains;
(ii) the consent provided under item (i) confirms that all
other surviving adult children of the deceased have been
notified of the proposed removal of the deceased's
remains; and
(iii) the state department of health does not receive a
written objection to the proposed removal from any of
the deceased's surviving adult children.
(C) The surviving parent of the deceased. If the deceased
is survived by both parents, the requirement for written
consent under this subdivision is satisfied if:
(i) either surviving parent provides written consent to
the removal of the deceased's remains; and
(ii) the state department of health does not receive a
written objection to the proposed removal from the other
surviving parent.
(D) The individual in the next degree of kinship to the
deceased under IC 29-1-2-1. If more than one (1)
individual of the same degree of kinship is surviving, the
requirement for written consent under this subdivision is
satisfied if:
(i) any individual of that degree of kinship provides
written consent to the removal of the deceased's
remains; and
(ii) the state department of health does not receive a
written objection to the proposed removal from any
other surviving individual in the same degree of kinship.
(c) Before issuing a written authorization under subsection (b), the
state department of health shall do the following:
(1) Obtain written evidence of the legal ownership of the property
from which the remains will be removed.
(2) Send written notice to the department of natural resources,
division of historic preservation and archeology, of the time, date,
and place from which the remains will be removed.
(3) (1) Obtain written evidence 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. occurs.
(4) Obtain written evidence that a notice of the proposed removal
has been published at least five (5) days before a written order is
issued by the state department of health in a newspaper of general
circulation in the county where the removal will occur.
(5) (2) Obtain a copy of:
(A) the written consent required under subsection (b)(3); or
(B) a court order obtained by a person under subsection (d).
(d) If the written consent of
(1) the spouse of the deceased; or
(2) the parents of the deceased in the case of a deceased minor;
an individual authorized under subsection (b)(3) to give consent is
not available, a person who has made a request under this section to the
state department of health may petition a court to determine whether to
waive the consent requirement of subsection (b)(3). In determining
whether to waive the requirement, the court shall consider the
viewpoint of any issue (as defined in IC 29-1-1-3) of the deceased. In
a proceeding under this subsection, the court may not order the
disinterment, disentombment, or disinurnment of the remains of a
deceased human.
(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. an
individual authorized to give consent under subsection (b)(3).
If the consent of an individual authorized to give consent under
subsection (b)(3) 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. occurs.
(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.
(f) A:
(1) licensed funeral director; or
(2) cemetery owner;
is not liable in an action brought by any person because of the
removal of a deceased's remains under a written consent described
in subsection (b)(3) or (e)(2) unless the licensed funeral director or
the cemetery owner had actual notice before or at the time of the
removal that a representation made in the consent described in
subsection (b)(3) or (e)(2) was untrue.
(f) (g) The state department of health may adopt rules under
IC 4-22-2 to implement this section.
SOURCE: IC 23-14-57-5; (07)ES0562.1.6. -->
SECTION 6. IC 23-14-57-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) The remains of
a deceased human interred, entombed, or inurned in a plot in a
cemetery may be removed from the plot for the purpose of autopsy or
reinterment, reentombment, or reinurnment in another cemetery with:
(1) the consent of the owner of the cemetery; and
(2) the written consent of
(A) the surviving spouse in the case of a deceased married
person; or
(B) the surviving parents in the case of a deceased minor child.
an individual authorized to give consent under section 1(b)(3)
of this chapter.
(b) If the consent of:
(1) the owner of the cemetery; or
(2) a person from whom consent is required under subsection
(a)(2);
can not cannot be obtained, the remains of a deceased human can be
removed for the purpose of autopsy or reinterment, reentombment, or
reinurnment in another cemetery only under a judgment of the circuit
or superior court with jurisdiction in the county in which the cemetery
is located.
SOURCE: IC 23-14-58.5; (07)ES0562.1.7. -->
SECTION 7. 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) If a person or an entity having jurisdiction over the
cemetery has resold the burial space, reimbursement for the
amount for which the burial space was resold minus the
following:
(A) The costs paid by the person or entity having
jurisdiction over the cemetery in providing notice and
advertising as required under this chapter.
(B) The sales commission costs in the resale of 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 A misdemeanor.
SOURCE: IC 30-2-9-7; (07)ES0562.1.8. -->
SECTION 8. IC 30-2-9-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 7. (a) Except as provided in
subsection (b), a person who violates this chapter or makes any false
and fraudulent report required under this chapter commits a Class B
misdemeanor.
(b) A person who knowingly or intentionally uses funds in a
funeral trust established under this chapter for purposes other
than the purposes required under this chapter commits a Class C
felony.
SOURCE: IC 30-2-10-9; (07)ES0562.1.9. -->
SECTION 9. IC 30-2-10-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. (a) Except as
provided in subsection (b), a person who knowingly violates this
chapter commits a Class A misdemeanor.
(b) A person who knowingly or intentionally uses funds in a
funeral trust established under this chapter for purposes other
than the purposes required under this chapter commits a Class C
felony.
SOURCE: IC 34-30-2-91.2; (07)ES0562.1.10. -->
SECTION 10. IC 34-30-2-91.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 91.2. IC 23-14-57-1 (Concerning
licensed funeral directors and cemetery owners for the removal of
human remains performed upon authorization of next of kin).
SOURCE: IC 34-30-2-91.3; (07)ES0562.1.11. -->
SECTION 11. IC 34-30-2-91.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 91.3. IC 23-14-57-3 (Concerning
cemetery owners for the removal of human remains from a plot,
building, or structure for which the purchase price is past due and
unpaid).
SOURCE: IC 34-30-2-91.4; (07)ES0562.1.12. -->
SECTION 12. IC 34-30-2-91.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 91.4. IC 23-14-57-8 (Concerning
cemetery owners for the removal or reinterment, reentombment,
or reinurnment of human remains).
SOURCE: ; (07)ES0562.1.13. -->
SECTION 13. [EFFECTIVE JULY 1, 2007] IC 23-14-58.5-5, as
added by this act, applies only to acts committed after June 30,
2007.
SOURCE: ; (07)ES0562.1.14. -->
SECTION 14. [EFFECTIVE JULY 1, 2007] IC 23-14-48-9,
IC 30-2-9-7, and IC 30-2-10-9, all as amended by this act, apply
only to acts committed after June 30, 2007.