Pending Indiana Legislation  
 
Pending Cemetery Legislation
(1999 Session
of the Indiana
General Assembly)

Download a one-page, printable summary of the three bills (HB 1226, HB 1522 and SB 280) which have survived thus far in the 1999 General Assembly's legislative process.  This document may be useful to you in discussing this situation with your friends, family and acquaintances to impress upon them the importance of contacting their Indiana Senators and Representatives to express their opinions on the subject of protecting our Hoosier pioneer cemeteries.  Free ADOBE ACROBAT READER software is required on your system to view this PDF file.
 
 
HB 1522 (below) is the only one of TEN bills proposed
which appears to have even a CHANCE of being enacted.
BILL NUMBER
BILL TITLE
BILL AUTHOR/

SPONSOR
STATUS
SYNOPSIS
House Bill
1522

Cemetery
preservation

Rep. Markt Lytle
(Chairman of the 
Committee on Agriculture, Natural Resources and Rural Development) <R69@ai.org

Co-authors:  Rep. James Bottorff <R71@ai.org> and Rep. Cleo Duncan <R67@ai.org

01-12-1999:  Referred to Committee on Agriculture, Natural Resources and Rural Development 

02-15-99:  Passed by the House Committee

02-25-99:  Reps. Richardson, Oxley, Stilwell, Budak, Kruse, Steele, Cherry, Saunders, Mangus, Friend and Behning added as co-authors

02/25/1999  Referred to the Senate

SENATE ACTION

02/25/1999:  Senate Sponsors: Sen. Server and R. Meeks; Cosponsors: Sen. Wheeler and Lewis

03/03/1999:  Referred to Committee on Corrections, Criminal and Civil Procedures

03-17-1999:  Senate Hearings; amendments made to Bill

03-25-1999:  Passed out of Committee.

03-29-1999:  Second reading before full Senate.

The bill will add a new SECTION 2. IC 35-43-1-2.1 TO THE INDIANA CODE prohibiting 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.

Adds an entirely new section to the Indiana Code at 14-21-2 requiring any person lawfully removing a grave marker of any description to file with the County Recorder a detailed written report and photographs of the stones and the site.

Makes it illegal to buy or sell any cemetery art or artifact removed from a cemetery.

Requires that all grave memorials installed after 1/1/2000 must contain the name of the cemetery where the memorial is to be installed by the same process that the individual's name is added. [Deleted by Senate.]

EXCLUDES "agricultural purposes" from being allowed to disturb a burial site.

Adds new language making it illegal to disturb, deface or damage a cemetery monument.
 


 
 
BILL NUMBER


BILL TITLE
BILL AUTHOR/
SPONSOR


STATUS
SYNOPSIS
HOUSE OF REPRESENTATIVES BILLS
None of the following have much of a chance (if any) of passing the 1999 Legislature.
House Bill 1076

Cemetery protection

Rep. Duane Cheney <R10@ai.org


01-06-1999:  Referred to Committee on Human Affairs 

03-17-99:  Did not pass out of Committee

Cemetery protection. Requires that the person effecting disinterment, removal, and reinterment of a grave give 60 days written notice to the decedent's next of kin and publish the notice in a newspaper of general circulation. Requires the person effecting the removal of graves to file a certificate of removal facts with the county recorder in the county from which the graves were removed and the county in which reinterment is made. Requires that the certificate of removal facts list information contained on the gravestone or other markers, such as the birth date, death date, and family name. Requires that all expenses associated with the disinterment, removal, and reinterment be paid by the person effecting the disinterment, removal, and reinterment. Requires the person effecting the disinterment, removal, and reinterment to ensure that the site for reinterment is suitable and reasonably accessible to relatives of the decedent. Requires that disinterment, removal, and reinterment be performed under the supervision and direction of the county executive or the county executive's designee. Requires that due care be taken to furnish suitable coffins or boxes for reinterring human remains and to remove, protect, and replace all gravestones or other markers.
House Bill 1112

Abandoned cemeteries

Rep. F. Dale Grubb <R42@ai.org


01-06-1999:  Referred to Committee on Agriculture, Natural Resources and Rural Development

02-08-99:  House Committee Hearings in House Chambers

03-17-99:  Did not pass out of Committee

Abandoned cemeteries. Requires a person who discovers buried human remains as a result of land development to notify the department of natural resources not later than two business days after the discovery. Provides that all development must cease until the township board of the township that contains a majority of the property where the human remains were discovered issues a ruling permitting the continuation of development. Requires the township board to base its ruling on a report by the department of natural resources. Provides that if the township board issues a ruling in favor of the continuation of development, the person effecting the removal of the human remains shall rebury the remains in a suitable site and remove and protect all tombstones or other markers or provide suitable replacements at a cost to be borne by the person effecting the removal. 
House Bill 1226

Pioneer cemetery fund and environmental license plates

Rep. Richard W. Mangus <no website or e-mail address listed> 


01-11-1999:  Referred to Committee on Agriculture, Natural Resources and Rural Development 

02-25-99:  Passed by the House and referred to the Senate

Pioneer cemetery fund and environmental license plates. Creates the pioneer cemeteries maintenance and restoration fund to be administered by the Indiana historical bureau. Permits a county cemetery association to apply for a grant from the pioneer cemeteries maintenance and restoration fund. Creates a second environmental license plate. Requires the auditor of state to deposit money raised from the sale of the plate in the pioneer cemeteries maintenance and restoration fund.
House Bill 1422

Cemetery preservation

Rep. Cleo Duncan <R67@ai.org


01-12-1999:  Referred to Committee on Agriculture, Natural Resources and Rural Development 

02-15-99:  Appears to have "died in Committee" due to opposition from the Township Trustees; did not pass out of Committee

Cemetery preservation. Requires the board of commissioners of a county to appoint a county cemetery commission. Changes control of cemeteries from the township trustee to the county legislative body. Makes conforming amendments. 
House Bill 1588

Cemetery protection

VIRTUALLY IDENTICAL TO HB 1076 AND SB 280

Rep. Brent E. Steele <R65@ai.org


01-21-1999:  Referred to Committee on Agriculture, Natural Resources and Rural Development

03-17-1999:  Did not pass out of committee

Requires the person effecting disinterment, removal, and reinterment of a grave to give 60 days written notice to the decedent's next of kin and publish the notice in a newspaper of general circulation. Requires the person effecting the removal of a grave to file a certificate of removal facts with the county recorder in the county from which the grave is removed and the county in which reinterment is made. Requires that the certificate of removal facts list information contained on the gravestone or other markers, such as the birth date, death date, and family name. Requires that all expenses associated with the disinterment, removal, acquisition of the new burial site, and reinterment be paid by the person effecting the disinterment, removal, acquisition, and reinterment. Requires the person effecting the disinterment, removal, and reinterment to ensure that the site for reinterment is suitable and reasonably accessible to relatives of the decedent. Requires that disinterment, removal, and reinterment be performed under the supervision and direction of the county executive or the county executive's designee. Requires that due care be taken to furnish suitable coffins or boxes for reinterring human remains and to remove, protect, and replace all gravestones or other markers. 
SENATE BILLS
Senate Bill 178

Creation of cemetery rehabilitation grant fund

Senator Allen Paul <no e-mail address listed> 


01-05-1999:  Referred to Committee on Governmental and Regulatory Affairs

01-27-1999:  Hearings held; bill held till next hearing

03-17-1999:  Did not pass out of committee

Cemetery rehabilitation grants. Creates the cemetery rehabilitation grant fund. Provides that the state board of funeral and cemetery service administers and controls the fund. Allows a political subdivision to apply to the fund for a grant to rehabilitate a cemetery. Allows the state board of funeral and cemetery service, subject to budget agency approval, to employ the personnel necessary to efficiently administer the fund. Requires that an applicant for a grant prove financial need and agree to use the grant to rehabilitate a cemetery. Limits grants to $10,000 or less.
Senate Bill 280

Protecting old cemeteries from desecration

Senator Patricia Miller  <no e-mail address listed> 

Coauthors:  Senators Simpson and Smith 



01-07-1999:  Referred to Committee on Governmental and Regulatory Affairs

02-02-1999:  Passed by the Senate and referred to the House

03-17-1999:  STATUS UNKNOWN

Protecting old cemeteries from desecration. Requires that the person effecting disinterment, removal, and reinterment of a grave give 60 days written notice to the decedent's next of kin and publish the notice in a newspaper of general circulation. Requires the person effecting the removal of graves to file a certificate of removal facts with the county recorder in the county from which the graves were removed and the county in which reinterment is made. Requires that the certificate of removal facts list information contained on the gravestone or other markers, such as the birth date, death date, and family name. Requires that all expenses associated with the disinterment, removal, acquisition of the new burial site, and reinterment be paid by the person effecting the disinterment, removal, acquisition, and reinterment. 

Requires the person effecting the disinterment, removal, and reinterment to ensure that the site for reinterment is suitable and reasonably accessible to relatives of the decedent. Requires that disinterment, removal, and reinterment be performed under the supervision and direction of the county executive or the county executive's designee. Requires that due care be taken to furnish suitable coffins or boxes for reinterring human remains and to remove, protect, and replace all gravestones or other markers.

Do your own search for pending bills relating to "cemetery" or "cemeteries" on the General Assembly's Introduced Bills site.
Indiana State Senator 
200 W. Washington Street 
Indianapolis, IN 46204
(317) 232-9400 
(800) 382-9467
Indiana House of Representatives 
200 W. Washington Street 
Indianapolis, IN 46204-2786
(317) 232-9600 or (317) 232-9700 
(800) 382-9842 
Addresses for:
     Senate Republicans
     Senate Democrats
Addresses for:
     House Republicans
     House Democrats

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