§ 23-14-48.5-5 — Duties of cemetery owner; payment

Indiana § 23-14-48.5-5

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 14: CEMETERY ASSOCIATIONS
• Ch. 48.5: Consumer Protection Fund for Cemetery Maintenance

Text

(a) The owner of a cemetery shall contribute
the following to the fund:
(1) In the case of a cemetery for earth burials, an amount equal to
one percent (1%) of the sale price of each burial plot sold or
transferred.
(2) In the case of a community or public mausoleum or a
community or public garden crypt, an amount equal to one
percent (1%) of the sale price of each sale of entombment or
inurnment rights.
(3) In the case of a community columbarium, an amount equal to
two dollars ($2) per niche sold or transferred.
The owner shall remit the contributions required under this subsection
to the board for deposit in the fund.
(b) In the case of a payment to a cemetery owner of part of the sale
price for a burial plot, entombment or inurnment rights, or a niche, the
cemetery owner shall pay to the fund an amount proportional to the
amount required by subsection (a)(1) through (a)(3). In the case of a
nonmonetary transfer in the sale of a burial plot, entombment or
inurnment rights, or a niche, the cemetery owner shall pay to the fund
the cash equivalent of the amount that would be required by subsection
(a)(1) through (a)(3) if the sale were for cash. The payment by the
cemetery owner under this section must be in cash and shall be
remitted to the board:
(1) not later than March 1 of each year for payments received in
the preceding calendar year; or
(2) not later than March 1 of each year for nonmonetary transfers
in the preceding calendar year.
(c) Payments are required under this section only on the original
sale or transfer and are not required for any subsequent resale or
transfer of the same plot, rights, or niche.

Legislative History

As added by P.L.65-2007, SEC.3.