IC 23-14-70
    Chapter 70. Trusts for Cemetery Associations

IC 23-14-70-1
Power to receive deposit of money; use of interest
    Sec. 1. (a) The board of commissioners of a county may receivefrom or on behalf of a:
        (1) cemetery corporation;
        (2) church;
        (3) association; or
        (4) organization;
that has been dissolved or is to be dissolved a deposit of money to beheld in trust under terms that are designated in writing.
    (b) Funds may be provided under section 1 of this chapter to theboard of commissioners of:
        (1) the county in which the cemetery of the cemeterycorporation, church, association, or organization is located; or
        (2) the county adjoining and nearest to the county described insubdivision (1).
    (c) The interest on the funds received under subsection (a) shallbe used to keep in good condition any:
        (1) abandoned cemetery;
        (2) public incorporated cemetery; or
        (3) lots, monuments, mausoleums, vaults, or other burialstructures in any cemetery.
    (d) A board of commissioners may not expend more for thepurpose set forth in subsection (c) than the interest earned from theloan or investment of the funds.
As added by P.L.52-1997, SEC.44.

IC 23-14-70-2
Investment of money
    Sec. 2. All money received by a board of commissioners undersection 1 of this chapter may be invested in compliance withIC 20-42-1-14.
As added by P.L.52-1997, SEC.44. Amended by P.L.2-2006,SEC.181.

IC 23-14-70-3
Distribution of accrued interest
    Sec. 3. The county auditor shall distribute the interest accrued onany cemetery fund or funds received under section 1 of this chapteron the last Monday of January of each year to the following personor persons:
        (1) The trustee of the township in which an abandoned orunincorporated cemetery is located.
        (2) The trustee of the township lying on the east or south of thecemetery if the cemetery is located on a county boundary or atownship boundary.
        (3) The treasurer of the board of directors of an incorporated

cemetery.
As added by P.L.52-1997, SEC.44.

IC 23-14-70-4
Receipts and vouchers
    Sec. 4. (a) A township trustee or treasurer of the board of directorsof an incorporated cemetery who receives a distribution undersection 3 of this chapter shall make a receipt or voucher for anymoney paid out.
    (b) A receipt or voucher made under subsection (a) must state:
        (1) the amount paid out;
        (2) the purpose for which the money was expended; and
        (3) the fund from which the money came.
    (c) The receipts and vouchers made under subsection (a) shall be:
        (1) filed with the county auditor before January 2 of each year;and
        (2) presented to the board of commissioners for examinationand approval at the January meeting of the board ofcommissioners.
As added by P.L.52-1997, SEC.44.

IC 23-14-70-5
Liability of auditor or county
    Sec. 5. (a) The auditor is liable on the auditor's bond for anyneglect or failure of duty with respect to funds received under section1 of this chapter in the same manner as with respect to the schoolfund.
    (b) The county is also liable for the preservation of the principaland the payment of the interest on the funds received under section1 of this chapter to the same extent that it is liable with respect to theprincipal and interest of the school fund.
As added by P.L.52-1997, SEC.44.

IC 23-14-70-6
Effect of chapter on certain bequests, legacies, or endowments;payment or return of money deposited
    Sec. 6. (a) This chapter does not affect a bequest, legacy, orendowment that is under or comes under the control of:
        (1) the board of directors of an incorporated cemetery; or
        (2) the trustees or officers of a church, association, or otherorganization.
    (b) This chapter does not affect a bequest, legacy, or endowmentreceived under this chapter.
    (c) If a cemetery is under the control of:
        (1) an organized board of directors of an incorporated cemetery;or
        (2) the trustees or officers of a church, association, or otherorganization;
the board of county commissioners may, on its own initiative or uponrequest of the proper officers of the cemetery, pay over or return to

the treasurer of the cemetery any money deposited with the countyunder this chapter.
    (d) Money paid over or returned under subsection (c) shall be heldand managed by the cemetery corporation, church, association, ororganization in compliance with the terms of the bequest, legacy, orendowment, and in compliance with applicable statutes.
As added by P.L.52-1997, SEC.44.