reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-7. "Cremated Remains" Defined

Sec. 7. As used in this chapter, "cremated remains" means all human remains recovered after the completion of the cremation of a human body or body part, including the residue of any foreign materials, nonmetallic casket material, dental work, or eyeglasses that were cremated with the human remains but excluding any prosthetic or medical device.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-8. "Cremation" Defined

Sec. 8. As used in this chapter, "cremation" means the incineration of the body of a deceased person or a body part of a nondeceased person and the mechanical or manual reduction of identifiable bone fragments to unidentifiable bone fragments.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-11. "Crematory" Defined

Sec. 11. As used in this chapter, "crematory" means a building or structure, including a holding facility where human remains are or are intended to be cremated.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-12. "Crematory Authority" Defined

Sec. 12. As used in this chapter, "crematory authority" means the legal entity or the entity's authorized representative that is registered by the board to operate a crematory and to perform cremations.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-13. "Disposition" Defined

Sec. 13. As used in this chapter, "disposition" means the cremation or other disposition of a dead human body or a part of a dead human body.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-14. "Funeral Home" Defined

Sec. 14. As used in this chapter, "funeral home" means a place that is licensed under IC 25-15 where:
(1) human remains are prepared for a funeral or disposition;
(2) human remains are held for disposition; and
(3) funerals are conducted or provided.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-15. "Holding Facility" Defined

Sec. 15. As used in this chapter, "holding facility" means an area that:
(1) is designated for the retention of human remains before cremation, including a cremation room;
(2) complies with all applicable public health laws; and
(3) preserves the health and safety of the crematory authority personnel.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-16. "Human Remains" Defined

Sec. 16. As used in this chapter, "human remains" means the body or a part of the body of an individual, including human remains that have been cremated.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-17. "Niche" Defined

Sec. 17. As used in this chapter, "niche" means a space in a columbarium that is used or intended to be used for the interment of cremated human remains of one (1) or more deceased individuals.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-18. "Scattering" Defined

Sec. 18. As used in this chapter, "scattering" means the final disposition of cremated human remains under section 44(a)(3) of this chapter.
As added by P.L.231-1995, SEC.2. Amended by P.L.173-1996, SEC.1.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-19. "Scattering Area" Defined

Sec. 19. As used in this chapter, "scattering area" means a designated area on dedicated cemetery property where cremated remains that have been removed from their container can be mixed with or placed on top of the soil or ground cover.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-20. "Temporary Container" Defined

Sec. 20. As used in this chapter, "temporary container" means a receptacle:
(1) for cremated remains;
(2) that is composed of cardboard, plastic, or similar material;
(3) that can be secured to prevent leakage or spillage of the cremated remains or the entrance of foreign material; and
(4) that is a single container of sufficient size to hold the cremated remains.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-22. Operating Crematories; Registration Application

Sec. 22. (a) A person, a corporation, a limited liability company, a partnership, or any other business entity that is registered under this section may erect, maintain, and operate a crematory.
(b) To register to erect, maintain, or operate a crematory, an applicant must complete an application for registration as a crematory authority on a form furnished by the board that contains the following information:
(1) The name and address of the applicant as follows:
(A) If the applicant is an individual, the full name and address, including both residential and business addresses, of the applicant.
(B) If the applicant is a partnership, the full name and address of each partner.
(C) If the applicant is a limited liability company, the full name and address of each manager and member.
(D) If the applicant is a corporation, the name and address of each officer, director, and shareholder holding at least twenty-five percent (25%) of the corporation's stock.
(2) The address and location of the crematory.
(3) Any other information the board may reasonably require.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-23. Licenses and Permits; Construction of Crematories

Sec. 23. (a) A crematory shall obtain all necessary licenses and permits from appropriate local, state, or federal agencies.
(b) A crematory may be constructed on or adjacent to a cemetery, a funeral home, or another location if allowed by local zoning ordinances.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-24. Annual Report

Sec. 24. (a) Each crematory authority shall file an annual report with the board. The report must include any changes in the information required under section 22 of this chapter or a statement indicating that no changes have occurred.
(b) Except as provided in subsection (c), the annual report must be filed not later than ninety (90) days after the end of the fiscal year of the crematory authority.
(c) If the fiscal year of a crematory authority is not the calendar year, the crematory authority shall file the annual report within seventy-five (75) days after the end of the crematory authority's fiscal year.
(d) If a crematory authority files a written request for an extension and demonstrates good cause for the extension, the board shall grant an extension of not more than sixty (60) days for filing the annual report.
(e) If a crematory authority fails to submit an annual report to the board within the time specified in subsection (c) or (d), the board may take any of the actions allowed by IC 25-15-9.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-28. Delegation of Authority; Immunity for Reliance on Cremation Authorization Form

Sec. 28. (a) If the authorizing agent is not available to execute a cremation authorization form in person, the authorizing agent may delegate the authority to another person in writing, including a facsimile transmission, telegram, or other electronic transmission.
(b) A written delegation of authority of an authorizing agent must include:
(1) the name, address, and relationship of the authorizing agent to the decedent; and
(2) the name and address of the person to whom authority is delegated.
(c) A person authorized under subsections (a) and (b) may serve as the authorizing agent and execute the cremation authorization form.
(d) A crematory authority is not liable for relying on a cremation authorization form executed in compliance with this section.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-29. Effect of Signing Cremation Authorization Form; Responsibility for Final Disposition

Sec. 29. (a) Except for the information required under section 27(a)(1)(F) of this chapter, an authorizing agent who signs a cremation authorization form certifies that the facts on the cremation authorization form are true and that the authorizing agent has authority to order the cremation.
(b) An authorizing agent who signs a cremation authorization form is personally liable for damages resulting from authorizing the cremation.
(c) The authorizing agent is responsible for the final disposition of a decedent's cremated remains. The crematory authority may hold the cremated remains for not longer than the thirty (30) day period under section 45 of this chapter.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-30. Crematory Authority; Liability for Cremation or Disposition

Sec. 30. (a) Except as provided in section 36 of this chapter, a crematory authority may cremate human remains upon receipt of a cremation authorization form signed by an authorizing agent.
(b) In the absence of gross negligence or noncompliance with this chapter, a crematory authority is not liable for:
(1) cremating human remains according to an authorization; or
(2) releasing or disposing of the cremated remains according to an authorization form.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-31. Cancellation by Authorizing Agent and Instructions for Alternative Disposition

Sec. 31. After an authorizing agent has executed a cremation authorization form, the authorizing agent may revoke the authorization and instruct the crematory authority to cancel the cremation and to release or deliver the human remains to another crematory authority or funeral home. The instructions must be provided to the crematory authority in writing. A crematory authority must comply with instructions given to the authority by an authorizing agent under this section if the crematory authority receives the instructions before beginning the cremation of the human remains.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-32. Receipts Provided by Crematory Authority

Sec. 32. (a) The crematory authority shall furnish a receipt to the funeral director or the funeral director's representative who delivers human remains to the crematory authority. The receipt must:
(1) be signed by both the crematory authority and the funeral director or the funeral director's representative who delivers the human remains; and
(2) contain the following information:
(A) The date and time of the delivery.
(B) The type of casket or alternative container that was delivered.
(C) The name of the person from whom the human remains were received and the name of the funeral home or other entity with whom the person is affiliated.
(D) The name of the person who received the human remains on behalf of the crematory authority.
(E) The name of the decedent.
(b) Upon the release of cremated remains, the crematory authority shall furnish a receipt to the person who receives the cremated remains from the crematory authority. The receipt must be signed by both the crematory authority and the person who receives the cremated remains and must contain the following information:
(1) The date and time of the release.
(2) The name of the person who received the cremated remains and the name of the funeral home, cemetery, or other entity with whom the person is affiliated.
(3) The name of the person who released the cremated remains on behalf of the crematory authority.
(4) The name of the decedent.
(c) The crematory authority shall retain a copy of each receipt under this section in the authority's permanent records.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-33. Crematory Authority Records

Sec. 33. (a) A crematory authority shall maintain at the authority's place of business a permanent record of each cremation that took place at the facility. The record must contain the name of the decedent and the date of the cremation.
(b) The crematory authority shall maintain a record of all cremated remains disposed of by the crematory authority under section 49 of this chapter.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-34. Cemetery Records

Sec. 34. Each cemetery shall maintain a record of all cremated remains:
(1) that are disposed of on the cemetery's property;
(2) that have been properly transferred to the cemetery; and
(3) for which the cemetery has issued a receipt acknowledging the transfer of the cremated remains.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-35. Casket Requirements; Acceptance of Human Remains

Sec. 35. (a) A crematory authority shall not require that human remains be placed in a casket before cremation or that human remains be cremated in a casket.
(b) A crematory authority shall not accept human remains unless the remains are delivered to the crematory authority in a casket or an alternative container. However, a crematory authority may not require that the human remains be delivered in a casket.
(c) A crematory authority shall not refuse to accept human remains for cremation because the human remains are not embalmed.
(d) A crematory authority shall not accept a casket or an alternative container if there is evidence of the leakage of body fluids.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-36. Time; Human Remains Containing Hazardous Materials; Exceptions

Sec. 36. (a) Except:
(1) when waived in writing by the city or county health officer where the death occurred; or
(2) as provided in subsection (d);
human remains shall not be cremated less than forty-eight (48) hours after the time of death as indicated on the medical certificate of death or the coroner's certificate.
(b) Except as provided in subsection (a), unless the crematory authority has received specific instructions to the contrary on the cremation authorization form, a crematory authority may schedule the actual cremation to be performed at the authority's convenience at any time after the human remains have been delivered to the crematory authority.
(c) A crematory authority shall not cremate human remains when the authority has actual knowledge that the human remains contain a pacemaker or other material or implant that may be potentially hazardous to the individual performing the cremation.
(d) The mandatory delay of forty-eight (48) hours imposed by subsection (a) does not apply to the cremation of the remains of a person:
(1) who died in another state; and
(2) whose remains are transported to Indiana by:
(A) a licensed funeral director; or
(B) the agent of a licensed funeral director;
for the purpose of cremation at an Indiana crematory;
if the funeral director or funeral director's agent obtains the documents required for cremation by the state in which the death occurred.
As added by P.L.231-1995, SEC.2. Amended by P.L.52-1997, SEC.6.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-37. Use of Holding Facilities

Sec. 37. When a crematory authority is unable to or unauthorized to cremate human remains immediately upon taking custody of the remains, the crematory authority shall place the human remains in a holding facility.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-38. Destruction or Cremation of Casket or Alternative Container

Sec. 38. The casket or the alternative container containing the human remains must be cremated with the human remains or destroyed unless the crematory authority has notified the authorizing agent to the contrary on the cremation authorization form and obtained the written consent of the authorizing agent.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-39. Simultaneous Cremations

Sec. 39. (a) Except as provided in IC 16-21-11-6 and IC 16-34-3-4, a crematory authority shall not perform the simultaneous cremation of the human remains of more than one (1) individual within the same cremation chamber unless it has obtained the prior written consent of the authorizing agents.
(b) Subsection (a) does not prevent the simultaneous cremation within the same cremation chamber of body parts delivered to the crematory authority from multiple sources, or the use of cremation equipment that contains more than one (1) cremation chamber.
As added by P.L.231-1995, SEC.2. Amended by P.L.213-2016, SEC.28.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-40. Removal of Recoverable Residue

Sec. 40. After each cremation, all the recoverable residue of the cremation process that it is practical to recover must be removed from the cremation chamber.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-41. Additional Containers for Cremated Remains

Sec. 41. If all of the recovered cremated remains will not fit in the receptacle that has been selected, the remainder of the cremated remains must be placed in a separate, additional container and returned to the funeral home or funeral director for return to the authorizing agent.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-42. Shipment of Cremated Remains

Sec. 42. (a) Cremated remains may only be shipped by a method that has an internal tracing system that provides a receipt signed by the person accepting delivery.
(b) A crematory authority shall maintain an identification system that ensures that the authority can identify the human remains in the authority's possession throughout all phases of the cremation process.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-43. Responsibility for Final Disposition

Sec. 43. The authorizing agent is responsible for the decision concerning final disposition of the cremated remains in accordance with sections 44 and 45 of this chapter. The funeral director is not liable for an act of the authorizing agent.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-44. Legal Control and Disposition; Forms Concerning Disposal

Sec. 44. (a) Cremated remains may be retained by the person having legal control over the remains or may be disposed of in any of the following manners:
(1) Placing the remains in a grave, niche, or crypt.
(2) Scattering the remains in a scattering area.
(3) Disposing of the remains in any manner if:
(A) the remains are reduced to a particle size of one-eighth (1/8) inch or less; and
(B) the disposal is made on the property of a consenting owner, on uninhabited public land, or on a waterway.
(b) The Indiana department of health shall adopt forms for recording the following information concerning the disposal of cremated human remains on the property of a consenting owner:
(1) The date and manner of the disposal of the remains.
(2) The legal description of the property where the remains were disposed of.
The owner of the property where the cremated remains were disposed of and the person having legal control over the remains shall attest to the accuracy of the information supplied on the forms. The owner of the property where the cremated remains were disposed of shall record the forms with the county recorder of the county in which the property is located and shall return the form and the burial transit permit described in IC 16-37-3, within ten (10) days after the remains are disposed of.
As added by P.L.231-1995, SEC.2. Amended by P.L.56-2023, SEC.208.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-45. Disposition of Cremated Remains Where No Instructions Exist

Sec. 45. (a) After completion of the cremation process, if a crematory authority existing on cemetery property has not been instructed to arrange for the interment, entombment, inurnment, or scattering of the cremated remains, the crematory authority shall deliver the cremated remains to the funeral director of record not later than thirty (30) days after the date of cremation. After delivery of the cremated remains, the crematory authority is discharged from any legal obligation or liability concerning the disposition of the cremated remains.
(b) A funeral director may hold remains returned by a crematory authority for not longer than sixty (60) days from the date of cremation and may dispose of the remains as previously arranged, or if no arrangement has been made, at the end of sixty (60) days, in any legal manner.
(c) A funeral director and crematory authority shall observe religious practices or preferences specified by the authorizing agent.
As added by P.L.231-1995, SEC.2. Amended by P.L.112-2014, SEC.3.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-46. Commingling of Cremated Remains

Sec. 46. Except with the express written permission of the authorizing agent, a person shall not do the following:
(1) Dispose of cremated remains in a manner or location that commingles the cremated remains with the cremated remains of another individual. This prohibition does not apply to the scattering of cremated remains at sea or in the air.
(2) Place the cremated remains of more than one (1) individual in the same temporary container or urn.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-47. Liability for Cremation Designated by Authorization

Sec. 47. A crematory authority that has received an executed cremation authorization form and any additional documentation required under section 27 of this chapter is not liable for civil damages arising from the cremation of the human remains designated by the cremation authorization form if the cremation is performed in accordance with this chapter.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-48. Liability for Nonacceptance or Nonperformance

Sec. 48. (a) A crematory authority is not liable for civil damages for refusing to accept human remains or refusing to perform a cremation until the crematory authority receives a court order or other suitable confirmation that a dispute has been settled, if the authority:
(1) is aware of a dispute concerning the cremation of the human remains;
(2) has a reasonable basis for questioning any of the representations made by the authorizing agent; or
(3) refuses to accept the human remains for any other lawful reason.
(b) A crematory authority is not required to accept human remains for cremation.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-49. Disputes Concerning Cremated Remains; Liability for Refusing Release

Sec. 49. (a) If a crematory authority is aware of a dispute concerning the release or disposition of cremated remains, the crematory authority shall release the remains to the funeral director or funeral home until the dispute has been resolved.
(b) A crematory authority is not liable for refusing to release or dispose of cremated remains in accordance with this section.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-50. Responsibility for Prosthetic Devices or Valuables; Resale of Caskets or Medical Devices

Sec. 50. A crematory authority is not responsible or liable for prosthetic devices or valuables delivered to the crematory authority with or integral to human remains, unless the crematory authority has received written instructions under section 27(a)(1)(I) or 27(a)(1)(J) of this chapter. A crematory authority shall not resell caskets or prosthetic or medical devices obtained as a result of cremation or from cremated remains.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-51. Liability of Cemeteries

Sec. 51. A cemetery is not liable for cremated remains that are dumped, scattered, or otherwise deposited at the cemetery in violation of this chapter if the action is taken without the cemetery's consent.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-52. Violations; Offenses

Sec. 52. (a) Except as provided in subsections (b), (c), and (d), a person that knowingly or intentionally violates this chapter commits a Class B misdemeanor.
(b) A person that knowingly or intentionally:
(1) performs a cremation without receipt of a cremation authorization form signed by an authorizing agent;
(2) signs a cremation authorization form that the individual knows contains false or incorrect information; or
(3) violates a cremation procedure under sections 36 through 42 of this chapter;
commits a Level 6 felony.
(c) A crematory authority that knowingly represents to an authorizing agent or the agent's designee that a temporary container or urn contains the cremated remains of a specific decedent when the container or urn does not commits a Level 6 felony.
(d) A person:
(1) who:
(A) professes to the public to be a crematory authority; or
(B) operates a building or structure in Indiana as a crematory;
without being registered under section 22 of this chapter; or
(2) who fails to file an annual report required under section 24 of this chapter;
commits a Class A misdemeanor.
As added by P.L.231-1995, SEC.2. Amended by P.L.169-2003, SEC.2; P.L.158-2013, SEC.265.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 31. Cremation › 23-14-31-53. Injunction Actions

Sec. 53. If a crematory authority:
(1) refuses to file or neglects to file an annual report under section 24 of this chapter;
(2) fails to comply with the registration requirements under section 22 of this chapter; or
(3) refuses to comply with the record inspection requirements under section 25 of this chapter;
the board may maintain an action in the name of the state of Indiana to enjoin the crematory authority from performing cremations.
As added by P.L.231-1995, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 32. Curfews › 23-14-32-1. Curfews to Memorialize the Dead

Sec. 1. A county, city, or town may impose a curfew specific to cemeteries or other facilities used to memorialize the dead under IC 31-37-3-5.
As added by P.L.103-1996, SEC.3. Amended by P.L.1-1997, SEC.108.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-2. Application of Provisions

Sec. 2. The provisions of this chapter through IC 23-14-76 apply to all:
(1) cemeteries;
(2) community or public mausoleums;
(3) community or public garden crypts; and
(4) columbaria;
located within Indiana, except as otherwise provided in this chapter through IC 23-14-76.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-3. Rules of Cemetery Owner

Sec. 3. (a) Notwithstanding any provision of IC 23-14-33 through IC 23-14-76 to the contrary, but subject to subsection (b):
(1) a cemetery that is owned by:
(A) a church or other religious organization; or
(B) a fraternal beneficiary society; and
(2) all burial rights held in the cemetery;
are subject in all things to the rules and regulations of the owner of the cemetery that are enacted by the governing head or body of the cemetery.
(b) A cemetery described in subsection (a) is subject to all the provisions of this chapter through IC 23-14-76 that do not conflict with the rules or regulations of the cemetery owner.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-4. Application of Definitions

Sec. 4. (a) The definitions set forth in this chapter apply to this chapter through IC 23-14-76.
(b) A deed or license issued to a purchaser of a burial right in a cemetery before July 1, 2022, is considered a certificate of burial rights for the purposes of the statutes described in subsection (a).
As added by P.L.52-1997, SEC.7. Amended by P.L.113-2022, SEC.1.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-5. "Burial"

Sec. 5. "Burial" means the opening and closing of a grave, grave space, burial space, crypt, or niche for purposes of:
(1) interment;
(2) entombment; or
(3) inurnment.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-6. "Burial Right"

Sec. 6. "Burial right" means a right of interment, entombment, or inurnment granted by the owner of a cemetery and unless otherwise stated in the deed, certificate, or license given by the owner of the cemetery, is an easement for the specific purpose of burial.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-7. "Cemetery"

Sec. 7. "Cemetery" means any land or structure in Indiana that is:
(1) dedicated to; and
(2) used for, or intended to be used for;
the interment, entombment, or inurnment of human remains.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-7.5. "Cemetery Caretaker"

Sec. 7.5. "Cemetery caretaker" means an individual appointed by a municipality, county, or township to care for and maintain a cemetery.
As added by P.L.113-2022, SEC.2.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-8. "Cemetery Owner" or "Owner of a Cemetery"

Sec. 8. "Cemetery owner" or "owner of a cemetery" means the person that:
(1) owns; or
(2) operates and conducts the business of;
a cemetery.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-9. "Cemetery Purposes"

Sec. 9. "Cemetery purposes" means all things necessary for or incident or convenient to the establishment, maintenance, management, operation, improvement, and conduct of a cemetery, the preparation of cemetery property for interment, entombment, or inurnment and the interment, entombment, or inurnment of the human dead, and the care, preservation, and embellishment of cemetery property.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-9.5. "Certificate of Burial Rights"

Sec. 9.5. "Certificate of burial rights" means a written instrument issued by the owner of a cemetery to a person purchasing a burial right in the cemetery.
As added by P.L.113-2022, SEC.3.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-10. "Columbarium"

Sec. 10. "Columbarium" means a structure or room or space in a building or structure used or intended to be used for the inurnment of cremated human remains.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-11. "Community Columbarium"

Sec. 11. "Community columbarium" means a columbarium in which inurnment rights are or have been offered for sale to the general public.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-12. "Community Garden Crypt"

Sec. 12. "Community garden crypt" means a garden crypt in which entombment or inurnment rights are or have been offered for sale to the general public.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-13. "Community Mausoleum"

Sec. 13. "Community mausoleum" means a mausoleum in which entombment or inurnment rights are or have been offered for sale to the general public.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-14. "Cremation"

Sec. 14. "Cremation" means:
(1) the incineration of:
(A) the body of a deceased individual; or
(B) a body part of a nondeceased individual; and
(2) the mechanical or manual reduction of identifiable bone fragments to unidentifiable bone fragments.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-15. "Crematory"

Sec. 15. "Crematory" means a building or structure, including a holding facility, within which the remains of deceased individuals:
(1) are; or
(2) are intended to be;
cremated.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-16. "Crypt"

Sec. 16. "Crypt" means a chamber in a mausoleum or garden crypt that is of sufficient size to entomb the uncremated remains of a deceased individual.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-17. "Disinterment"

Sec. 17. "Disinterment" means the recovery of human remains by exhumation, disentombment, or disinurnment. The term does not include:
(1) the raising and lowering of human remains to accommodate two (2) interments within a single grave: or
(2) the repositioning of human remains or the repositioning of an outside burial container or vault that encroaches on an adjoining grave, grave space, or burial space.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-18. "Entombment"

Sec. 18. "Entombment" means any lawful disposition of the remains of a deceased individual in a mausoleum or garden crypt as provided by IC 23-14-54.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-19. "Financial Institution"

Sec. 19. "Financial institution" means a state or national:
(1) bank;
(2) bank and trust company;
(3) trust company;
(4) savings bank; or
(5) savings association;
that maintains a principal place of business in Indiana and is qualified to serve as a trustee.
As added by P.L.52-1997, SEC.7. Amended by P.L.79-1998, SEC.25.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-20. "Garden Crypt"

Sec. 20. (a) "Garden crypt" means a structure or building that is:
(1) used; or
(2) intended to be used;
for the entombment or inurnment of human remains in crypts, vaults, or niches, in which entombment or inurnment is done from the exterior of the structure or building.
(b) The term includes a columbarium within a garden crypt.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-21. "Human Remains" or "Remains"

Sec. 21. (a) "Human remains" or "remains" means the body of a deceased individual.
(b) The term includes:
(1) the body in any stage of decomposition; and
(2) cremated remains.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-22. "Interment"

Sec. 22. "Interment" means any lawful disposition in the earth of the remains of a deceased individual as provided by IC 23-14-54.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-23. "Inurnment"

Sec. 23. "Inurnment" means any lawful disposition of the cremated remains of a deceased individual in a mausoleum, garden crypt, niche, or scattering garden area as provided by IC 23-14-54.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-24. "Lawn Crypt"

Sec. 24. "Lawn crypt" means a vault that is:
(1) preset into the earth; and
(2) sold as a part of the sale of the lot, plot, burial space, or grave.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-25. "Lot", "Plot", "Burial Space", or "Section"

Sec. 25. (a) "Lot", "plot", "burial space", or "section" means any space within a cemetery that is:
(1) used; or
(2) intended to be used;
for interment, entombment, or inurnment, irrespective of where the space is located.
(b) The term includes a crypt, a niche, and a grave space.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-26. "Lot Owner", "Lot Holder", "Plot Owner", "Plot Holder", "Burial Right Owner", "Burial Right Holder", "Burial Space Owner", or "Burial Space Holder"

Sec. 26. "Lot owner", "lot holder", "plot owner", "plot holder", "burial right owner", "burial right holder", "burial space owner", or "burial space holder" means a person:
(1) under whose name a burial space is listed; or
(2) who is identified as the owner or holder of a burial space;
in the records of the office of the cemetery owner.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-27. "Mausoleum"

Sec. 27. (a) "Mausoleum" means a structure or building that:
(1) is used; or
(2) is intended to be used;
for the entombment or inurnment of human remains in crypts, vaults, or niches, in which entombment or inurnment is done from the interior of the building or structure.
(b) The term includes a columbarium within a mausoleum.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-28. "Niche"

Sec. 28. "Niche" is a space in a columbarium that is:
(1) used; or
(2) intended to be used;
for the inurnment of the cremated remains of one (1) or more deceased individuals.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-29. "Owner"

Sec. 29. (a) "Owner", when used in reference to a:
(1) lot owner;
(2) lot holder;
(3) plot owner;
(4) plot holder;
(5) burial right owner;
(6) burial right holder;
(7) burial space owner; or
(8) burial space holder;
includes a holder of a lot, plot, burial right, or burial space.
(b) "Owner", when used in reference to a:
(1) lot owner;
(2) lot holder;
(3) plot owner;
(4) plot holder;
(5) burial right owner;
(6) burial right holder;
(7) burial space owner; or
(8) burial space holder;
does not include a cemetery owner or an owner of a cemetery.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-30. "Perpetual Care" or "Endowment Care"

Sec. 30. (a) "Perpetual care" or "endowment care" means, through the use of funds available under IC 23-14-48 and other care funds or endowments, the maintenance of the cemetery grounds and graves in keeping with a properly maintained cemetery, including the following:
(1) Cutting the grass at reasonable intervals.
(2) Raking and cleaning of cemetery plots at reasonable intervals.
(3) Pruning of shrubs and trees.
(4) Procuring, maintaining, and keeping in workable condition the machinery, tools, and equipment needed for maintenance purposes, and replacing the machinery, tools, and equipment when necessary.
(5) Keeping in repair and preserving the drains, water lines, roads, buildings, fences, and other structures, including cemetery owned statues and embellishments of a general character applicable to the cemetery as a whole or a particular area.
(6) The administration of the cemetery, including:
(A) the payment of insurance premiums;
(B) the payment of pensions; and
(C) maintaining the necessary records of lot ownership or holdership, burial right ownership or holdership, burials, and other necessary information, and making the records available to the public authorities and interested persons.
(b) When used in connection with a mausoleum, garden crypt, columbarium, crematory, or other structure, the term "perpetual care" or "endowment care" means, in addition to the meaning set forth in subsection (a):
(1) the general upkeep of the structure and the ground surrounding the structure;
(2) the repair, replacement, and improvement of the structure;
(3) the procuring, maintaining, and keeping in reasonable condition the machinery, tools, and equipment needed for the purposes set forth in subdivisions (1) through (2); and
(4) replacing the machinery, tools, and equipment when necessary.
As added by P.L.52-1997, SEC.7. Amended by P.L.14-2018, SEC.1.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-32. "Religious Cemetery"

Sec. 32. "Religious cemetery" means a cemetery that is owned, operated, controlled, or managed by:
(1) any recognized church, religious society, association, or denomination; or
(2) any cemetery authority or corporation:
(A) that administers; or
(B) through which is administered;
the temporalities of any recognized church, religious society, association, or denomination.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 33. Application and Definitions of Cemetery Law › 23-14-33-33. "Vault"

Sec. 33. (a) "Vault" means:
(1) an outer burial container that is designed for placement in a burial space or grave around a casket or alternative container; or
(2) the container that forms the chamber of a crypt.
(b) The term includes a burial vault, grave box, or grave liner.
As added by P.L.52-1997, SEC.7.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 34. Mandatory Recording of Survey and Plat › 23-14-34-1. Mandatory Recording of Survey and Plat for Certain Cemeteries

Sec. 1. Before granting or selling any burial right in any part of a cemetery developed and platted after March 6, 1953, the owner of the cemetery shall cause to be recorded in the recorder's office of the county in which the cemetery is located an accurate survey and plat of that part of its property in which it proposes to grant or sell burial rights.
As added by P.L.52-1997, SEC.8.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 34. Mandatory Recording of Survey and Plat › 23-14-34-2. Duties After Violations; Class C Infraction

Sec. 2. (a) The owner of a cemetery that has violated section 1 of this chapter shall, not later than January 1, 1998, record in the office of the recorder of the county in which the cemetery is located:
(1) the original plat of the cemetery; and
(2) the plats of all additions to the cemetery.
(b) The plats recorded under subsection (a) must:
(1) be referenced with respect to the section lines of the cemetery (if section lines have been established); and
(2) show a sufficient number of permanent monuments so there would be no difficulty in making resurveys.
(c) A cemetery owner who violates this section commits a Class C infraction. If the cemetery owner is required by this chapter to record a plat, each period of thirty (30) days after the time allowed by this chapter for the recording of the plat during which the plat remains unrecorded constitutes a separate infraction.
As added by P.L.52-1997, SEC.8.
2023 Indiana Code › Title 23. Business and Other Associations › Article 14. Cemetery Associations › Chapter 34. Mandatory Recording of Survey and Plat › 23-14-34-3. Transfers to Include Reference to Recorded Plat

Sec. 3. Each transfer of interment, entombment, or inurnment rights issued by the cemetery owner under this chapter must include a reference to the recorded plat.
As added by P.L.52-1997, SEC.8.