CHAPTER 33. APPLICATION AND DEFINITIONS OF CEMETERY LAW
IC 23-14-33
Chapter 33. Application and Definitions of Cemetery Law
IC 23-14-33-1
Citation of chapters
Sec. 1. This chapter through IC 23-14-76 may be referred to as theIndiana general cemetery law.
As added by P.L.52-1997, SEC.7.
IC 23-14-33-2
Application of provisions
Sec. 2. The provisions of this chapter through IC 23-14-76 applyto 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 chapterthrough IC 23-14-76.
As added by P.L.52-1997, SEC.7.
IC 23-14-33-3
Rules of cemetery owner
Sec. 3. (a) Notwithstanding any provision of IC 23-14-33 throughIC 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 ofthe cemetery that are enacted by the governing head or body of thecemetery.
(b) A cemetery described in subsection (a) is subject to all theprovisions of this chapter through IC 23-14-76 that do not conflictwith the rules or regulations of the cemetery owner.
As added by P.L.52-1997, SEC.7.
IC 23-14-33-4
Application of definitions
Sec. 4. The definitions set forth in this chapter apply to thischapter through IC 23-14-76.
As added by P.L.52-1997, SEC.7.
IC 23-14-33-5
"Burial"
Sec. 5. "Burial" means the opening and closing of a grave, gravespace, burial space, crypt, or niche for purposes of:
(1) interment;
(2) entombment; or
(3) inurnment.As added by P.L.52-1997, SEC.7.
IC 23-14-33-6
"Burial right"
Sec. 6. "Burial right" means a right of interment, entombment, orinurnment granted by the owner of a cemetery and unless otherwisestated in the deed, certificate, or license given by the owner of thecemetery, is an easement for the specific purpose of burial.
As added by P.L.52-1997, SEC.7.
IC 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.
IC 23-14-33-8
"Cemetery owner" or "owner of a cemetery"
Sec. 8. "Cemetery owner" or "owner of a cemetery" means theperson that:
(1) owns; or
(2) operates and conducts the business of;
a cemetery.
As added by P.L.52-1997, SEC.7.
IC 23-14-33-9
"Cemetery purposes"
Sec. 9. "Cemetery purposes" means all things necessary for orincident or convenient to the establishment, maintenance,management, operation, improvement, and conduct of a cemetery,the preparation of cemetery property for interment, entombment, orinurnment and the interment, entombment, or inurnment of thehuman dead, and the care, preservation, and embellishment ofcemetery property.
As added by P.L.52-1997, SEC.7.
IC 23-14-33-10
"Columbarium"
Sec. 10. "Columbarium" means a structure or room or space in abuilding or structure used or intended to be used for the inurnmentof cremated human remains.
As added by P.L.52-1997, SEC.7.
IC 23-14-33-11
"Community columbarium"
Sec. 11. "Community columbarium" means a columbarium inwhich inurnment rights are or have been offered for sale to thegeneral public.As added by P.L.52-1997, SEC.7.
IC 23-14-33-12
"Community garden crypt"
Sec. 12. "Community garden crypt" means a garden crypt inwhich entombment or inurnment rights are or have been offered forsale to the general public.
As added by P.L.52-1997, SEC.7.
IC 23-14-33-13
"Community mausoleum"
Sec. 13. "Community mausoleum" means a mausoleum in whichentombment or inurnment rights are or have been offered for sale tothe general public.
As added by P.L.52-1997, SEC.7.
IC 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 bonefragments to unidentifiable bone fragments.
As added by P.L.52-1997, SEC.7.
IC 23-14-33-15
"Crematory"
Sec. 15. "Crematory" means a building or structure, including aholding 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.
IC 23-14-33-16
"Crypt"
Sec. 16. "Crypt" means a chamber in a mausoleum or garden cryptthat is of sufficient size to entomb the uncremated remains of adeceased individual.
As added by P.L.52-1997, SEC.7.
IC 23-14-33-17
"Disinterment"
Sec. 17. "Disinterment" means the recovery of human remains byexhumation, disentombment, or disinurnment. The term does notinclude:
(1) the raising and lowering of human remains to accommodatetwo (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 anadjoining grave, grave space, or burial space.
As added by P.L.52-1997, SEC.7.
IC 23-14-33-18
"Entombment"
Sec. 18. "Entombment" means any lawful disposition of theremains of a deceased individual in a mausoleum or garden crypt asprovided by IC 23-14-54.
As added by P.L.52-1997, SEC.7.
IC 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 isqualified to serve as a trustee.
As added by P.L.52-1997, SEC.7. Amended by P.L.79-1998, SEC.25.
IC 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 theexterior of the structure or building.
(b) The term includes a columbarium within a garden crypt.
As added by P.L.52-1997, SEC.7.
IC 23-14-33-21
"Human remains" or "remains"
Sec. 21. (a) "Human remains" or "remains" means the body of adeceased 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.
IC 23-14-33-22
"Interment"
Sec. 22. "Interment" means any lawful disposition in the earth ofthe remains of a deceased individual as provided by IC 23-14-54.
As added by P.L.52-1997, SEC.7.
IC 23-14-33-23 "Inurnment"
Sec. 23. "Inurnment" means any lawful disposition of thecremated remains of a deceased individual in a mausoleum, gardencrypt, niche, or scattering garden area as provided by IC 23-14-54.
As added by P.L.52-1997, SEC.7.
IC 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, orgrave.
As added by P.L.52-1997, SEC.7.
IC 23-14-33-25
"Lot", "plot", "burial space", or "section"
Sec. 25. (a) "Lot", "plot", "burial space", or "section" means anyspace within a cemetery that is:
(1) used; or
(2) intended to be used;
for interment, entombment, or inurnment, irrespective of where thespace is located.
(b) The term includes a crypt, a niche, and a grave space.
As added by P.L.52-1997, SEC.7.
IC 23-14-33-26
"Lot owner", "lot holder", "plot owner", "plot holder", "burialright 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.
IC 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 theinterior of the building or structure.
(b) The term includes a columbarium within a mausoleum.
As added by P.L.52-1997, SEC.7.
IC 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 moredeceased individuals.
As added by P.L.52-1997, SEC.7.
IC 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.
IC 23-14-33-30
"Perpetual care" or "endowment care"
Sec. 30. (a) "Perpetual care" or "endowment care" means, withinthe limits permitted by the net income received from the perpetualcare fund or endowment care fund required by IC 23-14-48 and fromother care funds or endowments, the maintenance of the cemeterygrounds and graves in keeping with a properly maintained cemetery,including the following:
(1) Cutting the grass on cemetery plots at reasonable intervals.
(2) Raking and cleaning of cemetery plots at reasonableintervals.
(3) Pruning of shrubs and trees.
(4) Procuring, maintaining, and keeping in workable conditionthe machinery, tools, and equipment needed for maintenancepurposes, and replacing the machinery, tools, and equipmentwhen necessary.
(5) Keeping in repair and preserving the drains, water lines,roads, buildings, fences, and other structures, includingcemetery owned statues and embellishments of a general
character applicable to the cemetery as a whole or a particulararea.
(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 orholdership, burial right ownership or holdership, burials, andother necessary information, and making the recordsavailable 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 insubsection (a):
(1) the general upkeep of the structure and the groundsurrounding the structure;
(2) the repair, replacement, and improvement of the structure;
(3) the procuring, maintaining, and keeping in reasonablecondition the machinery, tools, and equipment needed for thepurposes set forth in subdivisions (1) through (2); and
(4) replacing the machinery, tools, and equipment whennecessary.
As added by P.L.52-1997, SEC.7.
IC 23-14-33-31
"Person"
Sec. 31. "Person" means an individual, an association, a limitedliability company, a corporation, a firm, or another legal entity.
As added by P.L.52-1997, SEC.7.
IC 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, ordenomination; 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.
IC 23-14-33-33
"Vault"
Sec. 33. (a) "Vault" means:
(1) an outer burial container that is designed for placement in aburial 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.