I finally have something to report to you on a House Bill (#1241) addressing
our concerns about the ease with which pioneer cemeteries may be relocated.
House Bill 1241 was introduced 01/14/2002, authored by Representative Lytle,
coauthored by Representative Mangus, had its first reading and was referred
to Committee on Agriculture and Natural Resources and Rural Development.
On 01/29/2002, the Committee recommended the passage of the Bill.
The Bill must survive a second AND a third reading before the House before
it can be set for a vote. I don't know when it will have its second reading
(not on the schedule for today, 1/31/2002), but these things can happen very
quickly. Consequently, time is of the essense for you to correspond with
your legislators about your opinions concerning House Bill 1241.
When and if HB 1241 passes the House, it will then be referred to the Senate
when it can be changed and either killed or passed there.
After passing both Chambers (House and Senate), it will go to the Governor
for ratification and execution into law. If signed by the Governor, the law
would go into effect on 7/1/2002.
The gist of the amendment contained in the Bill with which we are concerned
is:
IC 23-14-57-1; (02)HB1241.1.10. --> SECTION 10. IC 23-14-57-1 IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]:
Sec. 1. (a) As used in this section, "removed" refers to the disinterment,
disentombment, or disinurnment of the remains of a deceased human.
(b) The remains, either cremated or uncremated, of a deceased human
shall not be removed from a cemetery without:
(1) a written order of issued by the state department of health;
(2) the written consent of:
(A) the owner of the cemetery; or
(B) the owner's representative; and
(3) the written consent of:
(A) the spouse of the deceased; or
(B) the parents of the deceased in the case of a deceased minor
child;
or a court order;
authorizing the disinterment, disentombment, or disinurnment.
(c) Before issuing a written authorization under subsection (b), the
state department of health shall do the following:
(1) Obtain written evidence of the legal ownership of the property
from which the remains will be removed.
(2) Send written notice to the department of natural resources,
division of historic preservation and archaeology, of the time, date, and
place from which the remains will be removed.
(3) Obtain written evidence that a licensed funeral director has
agreed to:
(A) be present at the removal and at the reinterment,
reentombment, or reinurnment of the remains; and
(B) cause the completed order of the state department of health
to be recorded in the office of the county recorder of the county where the
removal occurred.
(4) Obtain written evidence that a notice of the removal has been
published at least five (5) days before the removal in a newspaper of
general circulation in the county where the removal will occur.
(d) The state department of health may adopt rules under IC 4-22-2 to
implement this section.
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AFTER YOU READ THE BILL AND FORM YOUR OWN OPINIONS, I hope you'll go to YOUR
Legislators' webpages (Representatives AND Senators) and send them an
e-mail, call them or leave a message indicating your opinions on this
legislation. See
http://www.IN.gov/legislative/contact/contact.html and
http://www.IN.gov/legislative/legislators/ for contact info.
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TO READ THE ENTIRE BILL AND TO STAY UP TO DATE ON WHAT IS HAPPENING, GO TO:
http://www.state.in.us/serv/lsa_billinfo?year=2002&session=1&requ...
&docno=1241
or, if you have trouble with that URL, go to:
http://www.state.in.us/serv/lsa_billinfo
and type in bill number "1241"