Title 23, BUSINESS AND OTHER ASSOCIATIONS

Sec. 47. A crematory authority that has received an executed cremation authorization form and any additional documentation required under section 27 of this chapter is not liable for civil damages arising from the cremation of the human remains designated by the cremation authori…

Sec. 48. (a) A crematory authority is not liable for civil damages for refusing to accept human remains or refusing to perform a cremation until the crematory authority receives a court order or other suitable confirmation that a dispute has been settled, if the authority: (1) is…

Sec. 49. (a) If a crematory authority is aware of a dispute concerning the release or disposition of cremated remains, the crematory authority shall release the remains to the funeral director or funeral home until the dispute has been resolved. (b) A crematory authority is not l…

Sec. 5. As used in this chapter, "burial transit permit" means a permit for the transportation and disposition of a dead human body required under IC 16-37-3-10 or IC 16-37-3-12. As added by P.L.231-1995, SEC.2.

Sec. 50. A crematory authority is not responsible or liable for prosthetic devices or valuables delivered to the crematory authority with or integral to human remains, unless the crematory authority has received written instructions under section 27(a)(1)(I) or 27(a)(1)(J) of thi…

Sec. 51. A cemetery is not liable for cremated remains that are dumped, scattered, or otherwise deposited at the cemetery in violation of this chapter if the action is taken without the cemetery's consent. As added by P.L.231-1995, SEC.2.

Sec. 52. (a) Except as provided in subsections (b), (c), and (d), a person that knowingly or intentionally violates this chapter commits a Class B misdemeanor. (b) A person that knowingly or intentionally: (1) performs a cremation without receipt of a cremation authorization form…

Sec. 53. If a crematory authority: (1) refuses to file or neglects to file an annual report under section 24 of this chapter; (2) fails to comply with the registration requirements under section 22 of this chapter; or (3) refuses to comply with the record inspection requirements …

Sec. 6. As used in this chapter, "casket" means a rigid enclosure that: (1) is made of wood, metal, or other material; (2) is ornamented; (3) has a fixed or nonfixed inner lining; and (4) is designed to encase human remains. As added by P.L.231-1995, SEC.2.

Sec. 7. As used in this chapter, "cremated remains" means all human remains recovered after the completion of the cremation of a human body or body part, including the residue of any foreign materials, nonmetallic casket material, dental work, or eyeglasses that were cremated wit…

Sec. 8. As used in this chapter, "cremation" means the incineration of the body of a deceased person or a body part of a nondeceased person and the mechanical or manual reduction of identifiable bone fragments to unidentifiable bone fragments. As added by P.L.231-1995, SEC.2.

Sec. 9. As used in this chapter, "cremation chamber" means the enclosed space where the cremation takes place. As added by P.L.231-1995, SEC.2.

Sec. 1. A person may not commence a proceeding in the right of a domestic or foreign corporation unless the person was a shareholder of the corporation when the transaction complained of occurred or unless the person became a shareholder through transfer by operation of law from …

Sec. 2. A complaint in a proceeding brought in the right of a corporation must be verified and allege with particularity the demand made, if any, to obtain action by the board of directors and either that the demand was refused or ignored or why the shareholder did not make the d…

Sec. 3. (a) A proceeding commenced under this chapter may not be discontinued or settled without the court's approval. If the court determines that a proposed discontinuance or settlement will substantially affect the interest of the corporation's shareholders or a class of share…

Sec. 4. (a) Unless prohibited by the articles of incorporation, the board of directors may establish a committee consisting of three (3) or more disinterested directors or other disinterested persons to determine: (1) whether the corporation has a legal or equitable right or reme…

Sec. 5. For purposes of this chapter, "shareholder" includes a beneficial owner whose shares are held in a voting trust or held by a nominee on the owner's behalf. As added by P.L.149-1986, SEC.16.

Sec. 1. A county, city, or town may impose a curfew specific to cemeteries or other facilities used to memorialize the dead under IC 31-37-3-5. As added by P.L.103-1996, SEC.3. Amended by P.L.1-1997, SEC.108.

Sec. 1. This chapter does not apply to: (1) a national securities association that is registered: (A) under Section 15(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3); and (B) in accordance with any regulations adopted under the Securities Exchange Act of 1934 (15 U.S…

Sec. 2. As used in this chapter, "nonprofit hospital" means a hospital licensed under IC 16-21: (1) that is organized as a nonprofit organization or charitable trust; and (2) that is: (A) eligible for tax exempt bond financing; or (B) exempt from state or local taxes. The term do…

Sec. 3. As used in this chapter, "nonprofit organization" means one (1) of the following: (1) A domestic corporation (as defined in IC 23-17-2-11). (2) A foreign corporation (as defined in IC 23-17-2-13). (3) An entity that is exempt from federal income tax under Section 501(c) o…

Sec. 4. As used in this chapter, "person" has the meaning set forth in IC 23-17-2-20. As added by P.L.221-2023, SEC.2.

Sec. 5. As used in this chapter, "personal information" means any compilation of data (including any list, record, registry, roll, or roster) that directly or indirectly identifies a person as a: (1) member of; (2) supporter of; (3) volunteer for; or (4) donor of financial or non…

Sec. 6. As used in this chapter, "public agency" means a: (1) state agency (as defined in IC 1-1-15-3); or (2) political subdivision (as defined in IC 36-1-2-13). As added by P.L.221-2023, SEC.2.

Sec. 7. (a) Except as provided in subsection (b), a public agency shall not do any of the following: (1) Require or otherwise compel any person or nonprofit organization to provide the public agency with personal information. (2) Release, publicize, or otherwise publicly disclose…

Sec. 8. (a) A person alleging a violation of this chapter may bring a civil action in a court of competent jurisdiction for either or both of the following: (1) Injunctive relief. (2) Damages as follows: (A) A sum of money: (i) to be determined by the court; but (ii) not less tha…

Sec. 9. Any: (1) public employee; (2) public official; or (3) employee or officer of a: (A) contractor; or (B) subcontractor; of a public agency; who violates this chapter is subject to penalties and discipline set forth in IC 5-14-3-10. As added by P.L.221-2023, SEC.2.…

Sec. 1. (a) Except as provided in subsection (c), each corporation must have a board of directors. (b) All corporate powers shall be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, its board of directors, sub…

Sec. 10. Unless the articles of incorporation or bylaws provide otherwise, the board of directors may fix the compensation of directors. As added by P.L.149-1986, SEC.17.

Sec. 2. The articles of incorporation or bylaws may prescribe qualifications for directors. A director need not be a resident of this state or a shareholder of the corporation unless the articles of incorporation or bylaws so prescribe. As added by P.L.149-1986, SEC.17.

Sec. 3. (a) A board of directors must consist of one (1) or more individuals, with the number specified in or fixed in accordance with the articles of incorporation or bylaws. (b) The articles of incorporation or bylaws may establish a variable range for the size of the board of …

Sec. 4. If the articles of incorporation authorize dividing the shares into classes, the articles may also authorize the election of all or a specified number of directors by the holders of one (1) or more authorized classes of shares. Each class (or classes) of shares entitled t…

Sec. 5. (a) The terms of the initial directors of a corporation expire at the first shareholders' meeting at which directors are elected. (b) The terms of all other directors expire at: (1) the next; or (2) if the director's terms are staggered in accordance with section 6 of thi…

Sec. 6. (a) The articles of incorporation or the bylaws may provide for staggering their terms by dividing the total number of directors into either: (1) two (2) groups, with each group containing one-half (1/2) of the total, as near as may be; or (2) if there are more than two (…

Sec. 7. (a) A director may resign at any time by delivering written notice: (1) to the board of directors, its chairman, or the secretary of the corporation; or (2) if the articles of incorporation or bylaws so provide, to another designated officer. (b) A resignation is effectiv…

Sec. 8. (a) Directors may be removed in any manner provided in the articles of incorporation. In addition, the shareholders or directors may remove one (1) or more directors with or without cause unless the articles of incorporation provide otherwise. (b) If a director is elected…

Sec. 9. (a) Unless the articles of incorporation provide otherwise, if a vacancy occurs on a board of directors, including a vacancy resulting from an increase in the number of directors: (1) the board of directors may fill the vacancy; or (2) if the directors remaining in office…

Sec. 1. This chapter through IC 23-14-76 may be referred to as the Indiana general cemetery law. As added by P.L.52-1997, SEC.7.

Sec. 10. "Columbarium" means a structure or room or space in a building or structure used or intended to be used for the inurnment of cremated human remains. As added by P.L.52-1997, SEC.7.

Sec. 11. "Community columbarium" means a columbarium in which inurnment rights are or have been offered for sale to the general public. As added by P.L.52-1997, SEC.7.

Sec. 12. "Community garden crypt" means a garden crypt in which entombment or inurnment rights are or have been offered for sale to the general public. As added by P.L.52-1997, SEC.7.

Sec. 13. "Community mausoleum" means a mausoleum in which entombment or inurnment rights are or have been offered for sale to the general public. As added by P.L.52-1997, SEC.7.

Sec. 14. "Cremation" means: (1) the incineration of: (A) the body of a deceased individual; or (B) a body part of a nondeceased individual; and (2) the mechanical or manual reduction of identifiable bone fragments to unidentifiable bone fragments. As added by P.L.52-1997, SEC.7.…

Sec. 15. "Crematory" means a building or structure, including a holding facility, within which the remains of deceased individuals: (1) are; or (2) are intended to be; cremated. As added by P.L.52-1997, SEC.7.

Sec. 16. "Crypt" means a chamber in a mausoleum or garden crypt that is of sufficient size to entomb the uncremated remains of a deceased individual. As added by P.L.52-1997, SEC.7.

Sec. 17. "Disinterment" means the recovery of human remains by exhumation, disentombment, or disinurnment. The term does not include: (1) the raising and lowering of human remains to accommodate two (2) interments within a single grave: or (2) the repositioning of human remains o…