Bill Text: IN HB1046 | 2010 | Regular Session | Introduced
Bill Title: Natural burial cemeteries.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Family, Children and Human Affairs [HB1046 Detail]
Download: Indiana-2010-HB1046-Introduced.html
Citations Affected: IC 23-14.
Synopsis: Natural burial cemeteries. Establishes conditions that a
cemetery must meet to be classified as a natural burial cemetery.
Requires the owner of a natural burial cemetery to deposit $10,000 in
the perpetual care fund or endowment care fund of the natural burial
cemetery before lots may be sold or burials may occur. (Current law
requires an initial deposit of $100,000 in the perpetual care fund or
endowment care fund of a new cemetery.)
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Family, Children and Human
Affairs.
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A BILL FOR AN ACT to amend the Indiana Code concerning
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Chapter 46.5. Natural Burial Cemeteries
Sec. 1. Subject to section 2 of this chapter, for a cemetery to qualify as a natural burial cemetery for the purposes of this article, the cemetery must meet the following conditions:
(1) Basic ground keeping services must be performed at the cemetery to:
(A) provide access to the cemetery grounds; and
(B) maintain the cemetery in a natural state.
(2) Herbicides and pesticides must not be used on the
cemetery grounds.
(3) The use of standing or polished headstones or grave
markers must not be allowed in the cemetery.
(4) Vaults, garden crypts, and mausoleums must not be used
or constructed on the cemetery grounds.
(5) The burial of human remains in the cemetery must be in
compliance with the following conditions:
(A) The human remains may not be embalmed with any
toxic material, including formaldehyde.
(B) The human remains may be buried only in clothing,
shrouds, or caskets that are made of materials that:
(i) are not toxic; and
(ii) are biodegradable.
Sec. 2. (a) A natural burial cemetery may contain a centralized
memorial structure that is erected by the cemetery.
(b) A natural burial cemetery may allow burial sites to be
marked with the following:
(1) Engraved indigenous flat stones.
(2) Indigenous flora.
(3) Other inconspicious markers.
(1) is organized after June 30, 1997, by incorporation, or any other means; or
(2) has its first burial, entombment, or inurnment after June 30, 1997;
shall, before disposing of a burial lot or right, making a sale of a burial lot or right, or making its first burial, entombment, or inurnment cause to be deposited in a financial institution one hundred thousand dollars ($100,000) in cash in the perpetual care fund or endowment care fund established under this chapter for the maintenance of the cemetery.
(1) exhibit the affidavit in the principal office of the cemetery;
(2) keep the affidavit available at all times for examination; and
(3) record the affidavit in the miscellaneous records in the office of the recorder of the county in which the cemetery is located.
(1) the cemetery shall submit proof of this fact to its trustee; and
(2) the trustee shall pay over to the cemetery one hundred thousand dollars ($100,000) that the cemetery deposited in the fund under subsection
(1) The cemetery is organized after June 30, 2010, by incorporation or any other means.
(2) The first burial or inurnment in the cemetery occurs after June 30, 2010.
(b) The requirements imposed by this section are in addition to the requirements of sections 1 through 3 of this chapter.
(c) The owner of a natural burial cemetery shall deposit ten thousand dollars ($10,000) in cash in the perpetual care fund or endowment care fund established in a financial institution under this chapter for the maintenance of the natural burial cemetery:
(1) before a burial lot or the right to a burial lot in the natural burial cemetery is disposed of or sold; and
(2) before the first burial or inurnment occurs in the natural burial cemetery.
(d) The owner of a natural burial cemetery shall designate the financial institution in which the deposit is made under subsection (c) as trustee of the perpetual care fund or endowment care fund of the natural burial cemetery. The financial institution shall execute an affidavit stating that it has accepted the trusteeship of the fund and that ten thousand dollars ($10,000) has been deposited in the fund. The natural burial cemetery shall:
(1) exhibit the affidavit in the principal office of the natural burial cemetery;
(2) keep the affidavit available at all times for examination; and
(3) record the affidavit in the miscellaneous records in the
office of the recorder of the county in which the natural burial
cemetery is located.
(e) When:
(1) the balance in the perpetual care fund or endowment care
fund of the natural burial cemetery reaches at least twenty
thousand dollars ($20,000) under this chapter; and
(2) the natural burial cemetery submits proof to the trustee
that the balance in the fund is at least twenty thousand dollars
($20,000);
the trustee shall pay over to the natural burial cemetery the ten
thousand dollars ($10,000) that the owner of the natural burial
cemetery deposited in the fund under subsection (c).
