Below, FYI, is a copy of my letter to Rep. Lytle, bill sponsor about
amendments that would make the cemetery preservation bill much more workable
and stronger.
On the amendments about utility companies, etc., it is imporant for people
to write to their own reps and the Rep. Lytle.
Cheryl Ann Munson
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Dear Rep. Lytle:
Thank you for your continuing interest in cemetery preservation and for
giving me time to speak at the Natural Resources Committee hearing .
At your recommendation, I spoke with Jeanette Adams in Legislative Services
on Friday about three possible amendments that would clarify and strengthen
the bill:
1. Adding the term "burial ground" to IC 35-43-1-2.1 (b), so that both
burial grounds and cemeteries are equally treated with regard to penalties.
2. Adding to IC 14-21-1-13.5 a provision that the division establishes an
Indiana Register of Cemeteries and Burial Grounds.
This is needed for two reasons.
(1) Eliminate confusion caused by two uses of the term "record.." In the
present form of the bill, the division (IC 14-21-1-13.5a )"may conduct a
program to survey and *record* all cemeteries and burial grounds in each
county...," and they would maintain the master list or database in their
office. However, a person (IC 14-312-3-1) is to "*record* any interest in
property on which a burial ground or cemetery is known to be located" and
they will do this type of recording at the County Recorders office. No one
wants property owners to think that the state has done the job of recording
at the County office, so it is best to use the term register for what steps
are taken by the state when the division surveys and "registers" or "enters
into the Register." (There is a comparable Indiana Register of Historic
Sites and Structures, long established.)
(2) By setting up a formally named entity the Indiana Register of
Cemeteries and Burial Grounds the state calls attention to the program of
surveying and registering cemeteries and burial grounds for protection, and
helps the public know where to turn for information. In conjunction, they
will learn about other protective aspects of the state's law. This is a
proactive step toward preservation. The term used during the Legislative
Study meetings was "database" and that is exactly what a register would be.
Having a "record" of cemeteries would be far less educational than a
"Register."
3. Adding to IC 14-21-1-13.5 a provision that the division shall notify
property owners within a reasonable time after registering a cemetery or
burial ground. This minor change is essential because a person is not
required to record interests unless a cemetery or burial ground is "known to
be located" on the property (IC 14-312-3-1) .
The notification can be simply a certified letter. A reasonable time period
might be 60-120 days. The key issue is that landowners are informed, so
that they can take steps to prevent damage. (For example, many cemeteries
were "recorded" years ago during WPA projects and current landowners are not
aware of this source of information or the cemeteries themselves.
I'd also like to call your attention to the amendments adopted last week by
the Natural Resources Committee which eliminated utility companies from all
requirements about filing plans with the state and following the 100 foot
buffer provision, and cities and counties from filing plans with the state.
These steps greatly weakened the bill. It would have been better for
utility construction if the bill reduced the 100 foot buffer to something
like 10 feet. Whhat is needed now is for utilities and cities and counties
to consult with the division prior to their project to learn if it would
affect registered cemeteries or burial grounds. Without the consultation
requirement, utility companies, in particular, will be free to continue
business as usual, and this is a problem especially for underground electric
lines (as I have personally witnessed).
Thank you for your attention to these issues. I hope amendments to your
bill will handle the concerns I've raised, because Indiana can then have one
of the best laws in the nation to protect the burial places of all people.
If these issues are not resolved in the House bill because of time, then I
hope you would work with Sen. Server to bring forth the amendments in the
Senate's deliberations.
Sincerely,
Cheryl Ann Munson
6707 W. Rock East Road
Bloomington, IN 47403
812-824-7717 (home)
812-855-0528 (office)
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