Title 23, BUSINESS AND OTHER ASSOCIATIONS

Sec. 12.5. A municipality may, by ordinance, transfer the control and management of a cemetery to which this chapter applies to a cemetery caretaker. As added by P.L.113-2022, SEC.11.

Sec. 13. (a) Before adopting an ordinance transferring its powers and duties over a cemetery under section 9, 10, or 11 of this chapter, the legislative body of a municipality must first give notice of its intention by notice published once each week for two (2) weeks in accordan…

Sec. 13.5. (a) This section applies to a municipality transferring the control and management of a cemetery under section 12.5 of this chapter. (b) The executive of a municipality may nominate a person to serve as cemetery caretaker in a proposed ordinance. After a nomination is …

Sec. 13.7. (a) If a cemetery caretaker is appointed under section 13.5 of this chapter and the position becomes vacant, the executive of the municipality shall nominate a new cemetery caretaker not later than ninety (90) days after the position becomes vacant. (b) If the executiv…

Sec. 14. Each officer and employee whose duty includes handling any funds in carrying out this chapter shall, in the manner prescribed by IC 5-4-1, execute an official bond before beginning the duties of office or employment. As added by P.L.52-1997, SEC.39.

Sec. 15. A cemetery board may: (1) make all necessary rules and regulations for the management of the cemetery or cemeteries over which it has control and management; (2) sell lots or parts of lots at prices that the board considers reasonable; and (3) require payment for sales: …

Sec. 16. (a) In the case of cash sales of lots under section 15 of this chapter, a deed to the property sold shall be executed on behalf of the municipality by the cemetery board to the purchaser. (b) The following requirements apply to sales of lots under section 15 of this chap…

Sec. 17. A cemetery board: (1) may employ agents for the sale of cemetery lots or part of lots and pay the agents compensation for services that the board considers reasonable; (2) may employ all necessary superintendents, attorneys, engineers, and other employees and discharge t…

Sec. 18. (a) A cemetery board may purchase on behalf of the municipality any other property for cemetery purposes that is located within five (5) miles from the corporate limits of the municipality. (b) A cemetery board may purchase property that: (1) adjoins; or (2) is located c…

Sec. 19. (a) During January of each year, a cemetery board shall make a report to the legislative body of the municipality. The report must: (1) provide information on: (A) the financial condition of the cemetery board; and (B) the business done by the cemetery board during the p…

Sec. 2. As used in this chapter, "executive" means: (1) the mayor of a city; or (2) the president of the town council of a town. As added by P.L.52-1997, SEC.39.

Sec. 20. A cemetery board shall award contracts in accordance with IC 5-16-1 and IC 5-17-1. As added by P.L.52-1997, SEC.39.

Sec. 21. (a) A cemetery board may exercise the power of eminent domain: (1) within the boundaries of the municipality; and (2) also outside the municipality, within a distance of five (5) miles from the corporate limits of the municipality; for the purpose of acquiring additional…

Sec. 22. (a) A cemetery board shall daily deliver all money, funds, and revenues it receives to the controller or clerk-treasurer of the municipality, who shall give the board a receipt. The amounts delivered by the cemetery board shall be credited to the account of the cemetery …

Sec. 23. (a) A cemetery board may accept and receive real and personal property: (1) through gift, legacy, or bequest; and (2) upon terms, conditions, or trusts that the donor or testator designates; for use concerning the operation, maintenance, and preservation of cemeteries or…

Sec. 24. To protect bonds or other securities held by a cemetery board, the cemetery board shall place them in a safety deposit box in the vault of a reliable financial institution located in the municipality. One (1) key to the box shall be retained by each of the following: (1)…

Sec. 25. (a) If the improvement and development of a cemetery will: (1) provide relief for the unemployed; (2) be a stimulus to the industry of the municipality; (3) be a suitable project and eligible for financing as a self-liquidating project by: (A) an agency of the federal go…

Sec. 26. (a) In seeking funds for the improvement and development of a cemetery, a cemetery board may pay all preliminary expenses that the cemetery board incurs in preparing and presenting an application to a federal agency or other agency having authority to grant aid to self-l…

Sec. 27. A cemetery board has exclusive management and control of a cemetery or cemeteries transferred to or acquired by the cemetery board, including: (1) all of the property, whether real, personal, or mixed, acquired by the cemetery board for cemetery purposes; and (2) the par…

Sec. 28. (a) A cemetery board may do the following: (1) Make reasonable rules and regulations for the management, control, direction, care, and maintenance of the property under the control of the cemetery board. (2) Make and enforce reasonable regulations respecting the placemen…

Sec. 3. As used in this chapter, "legislative body" means: (1) the common council or city-county council of a city; or (2) the town council of a town. As added by P.L.52-1997, SEC.39.

Sec. 4. As used in this chapter, "municipality" means a city or town. As added by P.L.52-1997, SEC.39.

Sec. 5. This chapter applies to all public cemeteries that are: (1) owned by a municipality; and (2) located within five (5) miles of the municipality. As added by P.L.52-1997, SEC.39.

Sec. 6. (a) The legislative body of a municipality has control and management of a cemetery that is: (1) owned by the municipality; and (2) located within five (5) miles of the municipality. (b) The powers and duties of the legislative body under this section include the followin…

Sec. 7. (a) Part of the proceeds derived from the sale of lots within a cemetery to which this chapter applies may be set aside as a permanent maintenance fund. (b) Not more than fifty percent (50%) of the proceeds from the sale of lots may be set aside as a permanent maintenance…

Sec. 8. (a) The legislative body of a municipality may by ordinance or resolution accept gifts, donations, bequests, or devises of money or real or personal property for the use of the: (1) cemetery; or (2) permanent maintenance fund of the cemetery. (b) Except as provided in sub…

Sec. 9. A city may, by ordinance, transfer the control and management of a cemetery to which this chapter applies to the: (1) board of public works; or (2) board of public works and safety; of the city. As added by P.L.52-1997, SEC.39.