reglab/housing_qa huggingface dataset:
IN Code § 23-14-42.5-7 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 42.5. Burial With Law Enforcement Animals or Service Animals|23-14-42.5-7. Scattering, Placing, Interring Cremated Animal Remains on a Burial Plot

Sec. 7. (a) Subject to subsection (b), the cremated remains of a deceased animal of a deceased owner may be:(1) removed from the temporary container or urn described in section 3(3) of this chapter and scattered or placed on top of the deceased owner's burial plot; or(2) interred on top of the deceased owner's burial plot as long as the interment of the deceased animal's cremated remains does not:(A) encroach upon or interfere with a neighboring burial plot of which the deceased owner is not the record owner;(B) involve the disinterment of:(i) the deceased owner's remains; or(ii) the remains of a deceased individual other than the deceased owner; or(C) involve the digging or penetration of earth at a depth that exceeds one (1) foot.The cremated remains of a deceased animal of a deceased owner may be scattered, placed, or interred in a manner described in this subsection before, after, or in conjunction with the interment of the remains of the deceased owner.(b) The cremated remains of a deceased animal of a deceased owner may be scattered, placed, or interred in a manner described in subsection (a) only if the following apply:(1) The person or entity owning the deceased animal at the time of the deceased animal's death:(A) consents in writing to the scattering, placement, or interment of the cremated remains of the deceased animal in a manner described in subsection (a); and(B) before the scattering, placement, or interment of the cremated remains of the deceased animal is to take place, provides the written consent described in clause (A) to the owner of the cemetery in which the deceased owner's burial plot is located;if the deceased owner is not the owner of the deceased animal at the time of the deceased animal's death.(2) The deceased owner provides for or directs the scattering, placement, or interment of the cremated remains of the deceased animal in a manner described in subsection (a):(A) in the deceased owner's last will and testament;(B) in a written designation provided to a cemetery under IC 23-14-42-2; or(C) in a funeral planning declaration executed under IC 29-2-19.(3) If subdivision (2) does not apply, a person who has the right under IC 23-14-31-26, IC 23-14-55-2, IC 25-15-9-18, IC 29-2-19-17, or any other applicable statute to:(A) control the disposition of the deceased owner's remains;(B) make arrangements for the funeral services of the deceased owner; or(C) make other ceremonial arrangements after the deceased owner's death;provides for or directs the scattering, placement, or interment of the cremated remains of the deceased animal in a manner described in subsection (a).As added by P.L.176-2016, SEC.1. Amended by P.L.85-2017, SEC.91.
IN Code § 23-14-43-1 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 43. Assessments to Improve Cemetery Roads|23-14-43-1. Improvements to Approaches or Roads

Sec. 1. The officers, owners, or directors in charge of a public or private cemetery that is organized and incorporated under Indiana law may use any funds arising from:(1) the sale of; or(2) assessments upon;lots in the cemetery to improve the approaches or roads to the cemetery.As added by P.L.52-1997, SEC.17.
IN Code § 23-14-43-2 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 43. Assessments to Improve Cemetery Roads|23-14-43-2. Restrictions on Improvements

Sec. 2. The part of an approach or road that is improved under section 1 of this chapter may not exceed a distance of one-half (1/2) mile from the cemetery.As added by P.L.52-1997, SEC.17.
IN Code § 23-14-44-1 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 44. Prohibition on Road and Utility Construction in Cemeteries|23-14-44-1. Restrictions on Road or Utility Construction

Sec. 1. (a) This section applies to a cemetery from the time interment, entombment, or inurnment spaces in the cemetery are ready for immediate use and bona fide sales have been made.(b) A railroad, street, road, alley, pipeline, pole line, or other public thoroughfare or utility shall not be laid out through, over, or across any part of the cemetery within one hundred (100) feet of:(1) a space in which burial rights have been transferred;(2) a mausoleum in the cemetery;(3) a garden crypt in the cemetery; or(4) a columbarium in a cemetery;without the consent of the owner of the cemetery.As added by P.L.52-1997, SEC.18.
IN Code § 23-14-44-2 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 44. Prohibition on Road and Utility Construction in Cemeteries|23-14-44-2. Injunctions

Sec. 2. Upon the complaint of any person, a permanent injunction shall be issued to prevent any other person from locating or constructing a railroad, street, road, alley, pipeline, pole line, or other public thoroughfare or utility on any ground that is:(1) held, used, or occupied as a cemetery; or(2) held for cemetery purposes.As added by P.L.52-1997, SEC.18.
IN Code § 23-14-44-3 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 44. Prohibition on Road and Utility Construction in Cemeteries|23-14-44-3. Violation of Chapter; Class B Misdemeanor

Sec. 3. A person who knowingly violates this chapter commits a Class B misdemeanor.As added by P.L.52-1997, SEC.18.
IN Code § 23-14-45-1 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 45. Construction of Railroads on Cemetery Property Prohibited|23-14-45-1. Construction of Railroad on Cemetery Property Prohibited

Sec. 1. A person shall not locate or construct a railroad on any real estate held, used, or occupied as a cemetery.As added by P.L.52-1997, SEC.19.
IN Code § 23-14-45-2 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 45. Construction of Railroads on Cemetery Property Prohibited|23-14-45-2. Injunctions

Sec. 2. Upon the complaint of any person, another person shall be perpetually enjoined from locating or constructing a railroad on any ground that is:(1) held, used, or occupied as a cemetery; or(2) held for cemetery purposes.As added by P.L.52-1997, SEC.19.
IN Code § 23-14-45-3 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 45. Construction of Railroads on Cemetery Property Prohibited|23-14-45-3. Violation of Chapter; Class C Infraction

Sec. 3. A person who violates this chapter commits a Class C infraction.As added by P.L.52-1997, SEC.19.
IN Code § 23-14-46-1 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 46. Cemetery Rules and Regulations and Exclusive Rights|23-14-46-1. Powers of Owner

Sec. 1. (a) Subject to subsection (b), the owner of a cemetery:(1) may make, adopt, and enforce rules and regulations:(A) for the use, care, control, management, restriction, and protection of all parts and subdivisions of the cemetery;(B) for restricting, limiting, and regulating the use of all property within the cemetery;(C) for regulating the care of plants or shrubs within the grounds and preventing the introduction of certain types of plants or shrubs;(D) for regulating the conduct of persons and preventing improper assemblages in the cemetery; and(E) for all other purposes considered necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection and safeguarding of the premises and the principles, plans, and ideals on which the cemetery was organized; and(2) may periodically amend, add to, revise, change, modify, or abolish the rules and regulations.(b) A cemetery to which this chapter applies may not adopt a rule or regulation in conflict with IC 23-14-33 through IC 23-14-57, except as expressly permitted by IC 23-14-39, IC 23-14-40, or IC 23-14-41.As added by P.L.52-1997, SEC.20.
IN Code § 23-14-46-2 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 46. Cemetery Rules and Regulations and Exclusive Rights|23-14-46-2. Penalties for Rule Violation

Sec. 2. The owner of a cemetery may:(1) prescribe penalties for the violation of a rule or regulation adopted under section 1 of this chapter; and(2) recover penalties prescribed under subdivision (1) in a civil action.As added by P.L.52-1997, SEC.20.
IN Code § 23-14-46-3 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 46. Cemetery Rules and Regulations and Exclusive Rights|23-14-46-3. Requirements

Sec. 3. Rules and regulations adopted by a cemetery under section 1 of this chapter shall be:(1) plainly printed or typewritten; and(2) kept available for inspection and copying at the usual place for transacting the regular business of the cemetery.As added by P.L.52-1997, SEC.20.
IN Code § 23-14-46-4 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 46. Cemetery Rules and Regulations and Exclusive Rights|23-14-46-4. Restrictions on Imposition of Monetary Penalty

Sec. 4. The owner of a cemetery may not, because of the nonpayment of periodic care charges, impose a monetary penalty that attaches against a burial space if:(1) the burial space was conveyed by the cemetery after June 14, 1939, and the conveyance was subject to IC 23-14-48 or IC 23-14-1-12 (before its repeal); or(2) the owner of the burial space or the owner's heirs or representatives can document previous payment of perpetual care or endowed care charges.As added by P.L.52-1997, SEC.20.
IN Code § 23-14-46-5 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 46. Cemetery Rules and Regulations and Exclusive Rights|23-14-46-5. Restrictions on Public Notice

Sec. 5. A public notice, including a notice of nonpayment, may not be attached to any lot, grave, gravestone, marker, or memorial upon a lot for the purpose of enforcing a penalty for the nonpayment of perpetual care charges.As added by P.L.52-1997, SEC.20.
IN Code § 23-14-46-6 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 46. Cemetery Rules and Regulations and Exclusive Rights|23-14-46-6. Powers and Duties of Person in Charge of Cemetery

Sec. 6. The sexton, superintendent, manager, director, or other person in charge of a cemetery has the same powers, functions, duties, and authority granted by law to a peace officer within the jurisdiction in which the cemetery is located for the purpose of:(1) maintaining order; and(2) enforcing:(A) the rules and regulations of the cemetery;(B) the laws of Indiana; and(C) the ordinances of the city or town in which the cemetery is situated;within the cemetery and within an area immediately outside the cemetery as large as necessary to protect the property of the cemetery.As added by P.L.52-1997, SEC.20.
IN Code § 23-14-46-7 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 46. Cemetery Rules and Regulations and Exclusive Rights|23-14-46-7. Exclusive Rights of Owner

Sec. 7. Because the owner of a cemetery is responsible for the performance of the care and maintenance of the cemetery, a cemetery owner has the exclusive right to:(1) open and close a grave or grave space, burial space, crypt, or niche in the cemetery;(2) set or install a:(A) marker;(B) monument; or(C) any type of memorial;in the cemetery; and(3) install any kind of foundation or other type of base for the marker, monument, or any type of memorial in the cemetery.This exclusive right may also be exercised by the authorized representative of the owner of the cemetery.As added by P.L.52-1997, SEC.20.
IN Code § 23-14-46-8 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 46. Cemetery Rules and Regulations and Exclusive Rights|23-14-46-8. Violation of Chapter; Class B Misdemeanor

Sec. 8. A person who knowingly violates this chapter commits a Class B misdemeanor.As added by P.L.52-1997, SEC.20.
IN Code § 23-14-47-1 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 47. Use, Sale, and Installation of Monuments and Other Commodities|23-14-47-1. Establishment of Rules and Regulations

Sec. 1. A cemetery owner has the right to establish reasonable rules and regulations regarding the:(1) type;(2) material;(3) design;(4) composition; and(5) finish;of any commodity to be used or installed in the cemetery.As added by P.L.52-1997, SEC.21.
IN Code § 23-14-47-2 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 47. Use, Sale, and Installation of Monuments and Other Commodities|23-14-47-2. Duties of Owner

Sec. 2. A cemetery owner shall not prevent the use of or installation in the cemetery of any commodity purchased from any source if the commodity meets the rules and regulations established under section 1 of this chapter.As added by P.L.52-1997, SEC.21.
IN Code § 23-14-47-3 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 47. Use, Sale, and Installation of Monuments and Other Commodities|23-14-47-3. Fees for Services

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.As added by P.L.52-1997, SEC.21. Amended by P.L.113-2007, SEC.3.
IN Code § 23-14-47-4 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 47. Use, Sale, and Installation of Monuments and Other Commodities|23-14-47-4. Schedule of Charges

Sec. 4. At the usual place for transacting the regular business of each cemetery, the cemetery owner shall maintain a complete schedule of all charges that the cemetery imposes for services in connection with the installation or use of commodities in the cemetery. The schedule must be:(1) plainly printed or typewritten; and(2) subject to inspection and copying.As added by P.L.52-1997, SEC.21.
IN Code § 23-14-47-5 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 47. Use, Sale, and Installation of Monuments and Other Commodities|23-14-47-5. Violation of Chapter; Class B Misdemeanor

Sec. 5. A person who knowingly violates this chapter commits a Class B misdemeanor.As added by P.L.52-1997, SEC.21.
IN Code § 23-14-48-1 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 48. Cemetery Perpetual Care Fund|23-14-48-1. Application of Chapter

Sec. 1. (a) Except as provided in subsection (b), this chapter does not apply to:(1) a cemetery owned by a municipal corporation or other governmental unit;(2) a religious cemetery; or(3) a cemetery:(A) that is ten (10) acres or less in size;(B) that is owned and operated entirely and exclusively by a nonprofit mutual association in existence on June 14, 1939; and(C) in which burials have taken place before June 14, 1939.(b) If a cemetery described in subsection (a)(3) directly or indirectly:(1) constructs or permits to be constructed any structure, above or below ground, and offers interment rights in the structure for sale to the general public; or(2) acquires:(A) additional land; or(B) an interest in additional land;causing the cemetery to exceed ten (10) acres in size;this chapter applies to the whole of the cemetery.As added by P.L.52-1997, SEC.22.
IN Code § 23-14-48-1.5 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 48. Cemetery Perpetual Care Fund|23-14-48-1.5. "Immediate Maintenance Needs"

Sec. 1.5. As used in this chapter, the "immediate maintenance needs" of a cemetery means the need to perform one (1) or more of the perpetual care activities set forth in IC 23-14-33-30(a)(1) through IC 23-14-33-30(a)(6) and IC 23-14-33-30(b)(1) through IC 23-14-33-30(b)(4) in the present rather than at a future time.As added by P.L.14-2018, SEC.2.
IN Code § 23-14-48-2 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 48. Cemetery Perpetual Care Fund|23-14-48-2. Establishment of Perpetual Care Fund; Limit on Withdrawals

Sec. 2. (a) The owner of each cemetery shall provide for the creation and establishment of an irrevocable perpetual care fund.(b) The principal of a perpetual care fund established under this section shall permanently remain intact, except as provided in this chapter.(c) The following apply to a perpetual care fund unless the perpetual care fund is a trust that has been converted into a total return unitrust under section 2.6 of this chapter:(1) Fifty percent (50%) of any appreciation of the principal of the fund may be withdrawn annually not more than forty-five (45) days after the end of the fund's fiscal year.(2) Any income earned by the fund during the fiscal year may be withdrawn quarterly during the fund's fiscal year.(d) Any withdrawal of:(1) income from a perpetual care fund under subsection (c)(2); or(2) appreciation of the principal of a perpetual care fund under subsection (c)(1);shall be devoted to the perpetual care of the cemetery, including the immediate maintenance needs of the cemetery.(e) A perpetual care fund established under this section is not subject to attachment by a creditor unless the underlying debt was incurred for the perpetual care or endowment care (as defined in IC 23-14-33-30) of the cemetery for which the fund was established.As added by P.L.52-1997, SEC.22. Amended by P.L.66-1999, SEC.1; P.L.14-2018, SEC.3; P.L.33-2019, SEC.1.
IN Code § 23-14-48-2.2 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 48. Cemetery Perpetual Care Fund|23-14-48-2.2. Withdrawal of Funds From Perpetual Care Fund Established as a Conventional Trust

Sec. 2.2. If:(1) the perpetual care fund of a cemetery is a trust; and(2) the perpetual care fund trust has not been converted into a total return unitrust under section 2.6 of this chapter;the trustee of the trust may, to the extent allowed by section 2 of this chapter, withdraw funds from the trust in amounts the trustee considers necessary to pay the cost of perpetual care of the cemetery, notwithstanding any provision in the terms of the trust instrument that would restrict withdrawals from the trust for perpetual care of the cemetery to less than the amounts allowed by section 2 of this chapter.As added by P.L.163-2016, SEC.1. Amended by P.L.33-2019, SEC.2.
IN Code § 23-14-48-2.4 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 48. Cemetery Perpetual Care Fund|23-14-48-2.4. Investment of Money in Perpetual Care Fund

Sec. 2.4. (a) As used in this section, "broker or brokerage firm" refers to a broker-dealer, agent, investment adviser, investment adviser representative, or federal covered investment adviser authorized under IC 23-19 to transact business in Indiana.(b) As used in this section, "financial institution" means any bank, trust company, mutual savings bank, savings association, or credit union that was organized and is operating under Indiana law or the laws of the United States.(c) As used in this section, "money market mutual fund" means either of the following:(1) A money market mutual fund that meets the conditions of 17 CFR 270.2a-7 under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.).(2) A money market mutual fund that at all times invests only in:(A) obligations that are issued, guaranteed, or insured by the United States government; or(B) collateralized repurchase agreements composed of obligations described in clause (A).(d) As used in this section, "mutual fund" means:(1) an investment company; or(2) in the case of an investment company that is organized as a series company, an investment company series;that is registered with the United States Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.).(e) In administering a perpetual care fund established under section 2 of this chapter, the cemetery owner, trustee, or other entity administering the fund shall exercise the judgment and care required by IC 30-4-3.5, except that:(1) the investment of money in the fund is not limited to:(A) deposit in a financial institution whose deposits are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the National Credit Union Share Insurance Fund, or another federal insurance fund backed by the full faith and credit of the United States government; or(B) the purchase of government securities of the United States; and(2) money in the fund may be invested in any of the following:(A) Certificates of deposit issued by financial institutions.(B) Money market mutual funds.(C) Stock or shares of mutual funds.(D) Any interest bearing account or fund that is offered by a financial institution or a broker or brokerage firm.As added by P.L.14-2018, SEC.4.
IN Code § 23-14-48-2.6 (2021)
2021 Indiana Code|Title 23. Business and Other Associations|Article 14. Cemetery Associations|Chapter 48. Cemetery Perpetual Care Fund|23-14-48-2.6. Conversion of Perpetual Care Fund Into Total Return Unitrust

Sec. 2.6. (a) If a perpetual care fund established under this chapter is a trust, the trust may be converted into a total return unitrust under IC 30-2-15.(b) Withdrawals may be made from a trust converted into a total return unitrust as provided in:(1) the governing trust instrument of the trust; and(2) IC 30-2-15.(c) Except for withdrawals for the payment of expenses as allowed by:(1) the governing trust instrument of the trust; and(2) IC 30-2-15;all withdrawals from a trust converted into a total return unitrust shall be devoted to the perpetual care of the cemetery, including the immediate maintenance needs of the cemetery.(d) This subsection applies to a unitrust distribution made in any given year. Before making a unitrust distribution, the trustee must do the following:(1) Evaluate the change that a unitrust distribution will make to the trust's principal over time.(2) Ensure that the current market value of the trust at the time of the trustee's evaluation is greater than the sum of the following amounts:(A) Eighty percent (80%) of the trust's principal amount at the time of the trust's conversion to a unitrust.(B) Any required contributions made to the trust after the trust's conversion to a unitrust.If the current market value of the trust is less than the amount required by this subsection, any distribution made from the trust shall be consistent with section 2 of this chapter.As added by P.L.33-2019, SEC.3.