| House
Bill 1241 (now Public Law 155) goes into effect 07/01/2002.
HB 1241, which establishes procedures to be followed when removing human
remains from a cemetery, was introduced 01/14/2002 by Rep. Martkt Lyle
in response to the INPCRP's efforts to make the Legislature aware of abuses
that were taking place in the courts insofar as property owners relocating
small family cemeteries under questionable circumstances, including not
being title owners of the subject cemetery property. Having survived
both the House and the Senate, the Bill was signed into law by Gov. O'Bannon
on 03/27/2002.
The amendments to IC
23-14-57 by Public
Law 155 are summarized as follows (as pertains to cemeteries and burial
sites::
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Defines "removal" as disinterment, disentombment, or disinurnment of the
remains of a deceased human.
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Limits removal of such remains to situations in which the following have
been obtained:
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Must have a a written order of issued by the state department of health;
AND
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Must have the written consent of the owner of the cemetery or the owner's
representative; AND
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Must have the written consent of the spouse of the deceased OR the parents
of the deceased (in the case of a deceased minor child) OR a court
order (the latter would apply in situations in which neither the spouse
nor parents of the deceased were still living);
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Before issuing the above-referenced written authorization, the State Department
of Health shall:
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Obtain written evidence of the legal ownership of the property from which
the remains will be removed. [This is new!]
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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. [This is new!]
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Obtain written evidence that a licensed funeral director has agreed to
be present at the removal and at the reinterment, reentombment, or reinurnment
of the remains; and will 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. [This is new!]
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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. [This is new!]
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Obtain a copy of the written consent required under subsection (b)(3);
or a court order obtained by a person under subsection (d). [This
is new!]
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If the written consent of the spouse of the deceased or the parents of
the deceased in the case of a deceased minor 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 [i.e., descendants]. In a proceeding under
this subsection, the court may not order the disinterment, disentombment,
or disinurnment of the remains of a deceased human. [This is new!]
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If the human remains are on property owned or leased by a coal company,
the remains 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:
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That the property is owned or leased by the coal company. [This is
new!]
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That the coal company has obtained the written consent of the spouse of
the deceased or 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 [descendants]. [This is new!]
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The Department of Natural Resources, Division of Historic Preservation
and Archeology must receive 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.
[This is new!]
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A licensed funeral director must agree to be present at the removal and
at the reinterment, reentombment, or reinurnment of the remains; and 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.
[This is new!]
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The coal company must cause 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. [This is new!]
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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. [This
is new!]
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The state department of health may adopt rules under IC 4-22-2 to implement
this section.
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| House
Bill 1074 (now Public Law 177) goes into effect on 07/01/2001.
HB 1074 was introduced on 1/8/2001 by Rep. Markt Lytle as legislation concerning
falconry
and trapping. On 2/8/2001, this bill passed the House of Representatives
and was referred to the Indiana Senate. On 2/15/2001, the Senate
referred the bill to a "Committee of One" (meaning the original sponsor,
Rep. Lytle), whereupon it was apparently overhauled to concern the assessment
of cemetery land. HB 1074 passed the Senate on 03/27/2001 and
was referred back to the House, where it was voted on on 04/29/2001 and
was signed into law by the Governor on 05/10/2001.
Public Law
177 is summarized as follows:
Cemeteries and burial grounds.
Provides that property that is classified by the director
of the division of historic preservation and archeology as cemetery land
shall be assessed for property tax purposes at $1 per acre, unless
the cemetery is less than one acre in which case is shall be assessed in
the amount of $1.
Establishes procedures and conditions to have property
classified as cemetery land.
Requires the owner of the classified cemetery land to
allow family members and descendants of persons buried in the cemetery
to have at least one day each year to visit the cemetery.
Allows the division to record cemeteries and burial grounds
in each county.
Provides that property development near a cemetery or
burial ground must follow certain procedures.
Adds burial grounds to the property protected under
the cemetery mischief law.
House Bill 1184 went into
effect July 1, 2000. After successfully passing the Indiana House
of Representatives and the Senate during the 2000 General Assembly session,
the Bill was signed into law by the Governor in March 2000. That
new statute can be summarized as:
Provides that the department of natural resources
(DNR) alone or with the assistance of certain entities may survey and register
all cemeteries and burial grounds in Indiana in a registry that the DNR
establishes and maintains. Allows the DNR to accept donations and
establish a trust fund for the cemetery survey. Requires a person
who wishes to disturb the ground within 100 feet of a recorded cemetery
or burial ground for erecting, altering, or repairing a structure to submit
a development plan to the DNR for approval according to standards established
by rule. Provides a separate approval procedure for plans of governmental
entities. Requires a person who records any interest in property
where a burial ground or cemetery is known to be located to also record
a survey showing the approximate location of all human remains. Requires
a person who wishes to transfer property containing a burial ground or
cemetery to deliver a disclosure document to the transferee and establishes
the form of the disclosure document which the ransferor must record.
Allows a person having a right of interment, entombment, or inurnment in
a family burial plot to transfer that right through sale or another method.
Provides that it is a misdemeanor to disturb, deface, or damage a burial
ground (current law applies only to cemeteries).
House Bill
1522 (Public Law 100) went into effect July 1, 1999. The
new statutes can be summarized as:
Provides various measures to preserve cemeteries.
Requires a person who lawfully removes a grave memorial to file with the
county recorder certain information pertaining to the grave memorial. Provides
that a person may not buy or sell certain items that have been removed
from a cemetery {specifically includes grave memorials, grave artifacts,
grave ornamentation, cemetery enclosures or other commemorative item.}.
Provides that a person who disturbs the earth for agricultural purposes
is not exempt from committing cemetery mischief. Provides that cemetery
mischief includes disturbing, defacing, or damaging certain cemetery items.
Prohibits a person from recklessly, knowingly, or intentionally damaging
personal property contained in a structure or located at a cemetery or
a facility used for memorializing the dead. Provides that cemetery mischief
is a Class A misdemeanor. Enhances the penalty for the offense to a Class
D felony if the pecuniary loss is at least two thousand five hundred dollars
($2,500). Eliminates certain penalties for violations of cemetery preservation
laws. In certain circumstances, exempts cemetery owners and owner of grave
memorials from the cemetery preservation law {meaning owners of modern-day,
active cemeteries}. Provides that county recorders are not obligated
to acquire special equipment to record grave memorial information and provides
standardized forms for filing this information.
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