*ES0520.2*
Reprinted
March 26, 2025
ENGROSSED
SENATE BILL No. 520
_____
DIGEST OF SB 520 (Updated March 25, 2025 2:03 pm - DI 153)
Citations Affected: IC 23-14.
Synopsis: Perpetual care fund deposits for columbariums. Exempts
certain veteran focused nonprofit cemeteries from certain deposit and
trustee requirements with respect to a perpetual care fund.
Effective: Upon passage.
Busch, Tomes, Ford J.D.
(HOUSE SPONSORS — CARBAUGH, ABBOTT)
January 16, 2025, read first time and referred to Committee on Veterans Affairs and The
Military.
January 21, 2025, reported favorably — Do Pass.
January 27, 2025, read second time, ordered engrossed. Engrossed.
January 28, 2025, read third time, passed. Yeas 49, nays 0.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Veterans Affairs and Public
Safety.
March 13, 2025, reported — Do Pass.
March 25, 2025, read second time, amended, ordered engrossed.
ES 520—LS 7493/DI 153 Reprinted
March 26, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 520
A BILL FOR AN ACT to amend the Indiana Code concerning
business and other associations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 23-14-48-5, AS AMENDED BY P.L.33-2019,
2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 5. (a) In addition to meeting the requirements
4 of sections 1 through 3 of this chapter, a cemetery that:
5 (1) is organized after June 30, 1997, by incorporation, or any
6 other means; or
7 (2) has its first burial, entombment, or inurnment after June 30,
8 1997;
9 shall, before disposing of a burial lot or right, making a sale of a burial
10 lot or right, or making its first burial, entombment, or inurnment cause
11 to be deposited in a financial institution one hundred thousand dollars
12 ($100,000) in cash in the perpetual care fund established under this
13 chapter for the maintenance of the cemetery.
14 (b) The cemetery owner shall designate the financial institution as
15 trustee of the fund. The financial institution must execute an affidavit
16 stating that it has accepted the trusteeship of the fund and that the one
17 hundred thousand dollars ($100,000) has been deposited in the fund.
ES 520—LS 7493/DI 153 2
1 The cemetery shall:
2 (1) exhibit the affidavit in the principal office of the cemetery;
3 (2) keep the affidavit available at all times for examination; and
4 (3) record the affidavit in the miscellaneous records in the office
5 of the recorder of the county in which the cemetery is located.
6 (c) When the cemetery has deposited in the perpetual care fund, as
7 required by this section, two hundred thousand dollars ($200,000):
8 (1) the cemetery shall submit proof of this fact to its trustee; and
9 (2) the trustee shall pay over to the cemetery one hundred
10 thousand dollars ($100,000) that the cemetery deposited in the
11 fund under subsection (a).
12 (d) This section does not apply in the case of a cemetery
13 consisting of a columbarium or a community columbarium:
14 (1) installed before January 1, 2026; and
15 (2) owned by a nonprofit organization that:
16 (A) focuses on veterans;
17 (B) is exempt from federal income taxation under Section
18 501(c)(3) of the Internal Revenue Code; and
19 (C) deposits for each transfer of a niche:
20 (i) ten percent (10%) of the retail sale amount into the
21 perpetual care fund established under this chapter for
22 the maintenance of the cemetery; and
23 (ii) ninety percent (90%) of the retail sale amount into an
24 irrevocable trust fund for the purpose of maintaining the
25 grounds and facilities.
26 SECTION 2. An emergency is declared for this act.
ES 520—LS 7493/DI 153 3
COMMITTEE REPORT
Mr. President: The Senate Committee on Veterans Affairs and The
Military, to which was referred Senate Bill No. 520, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS.
(Reference is to SB 520 as introduced.)
TOMES, Chairperson
Committee Vote: Yeas 8, Nays 0
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Veterans Affairs and Public
Safety, to which was referred Senate Bill 520, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to SB 520 as printed January 22, 2025.)
BARTELS
Committee Vote: Yeas 13, Nays 0
_____
HOUSE MOTION
Mr. Speaker: I move that Engrossed Senate Bill 520 be amended to
read as follows:
Replace the effective date in SECTION 2 with "[EFFECTIVE
UPON PASSAGE]".
Page 1, delete lines 1 through 17.
Page 2, delete lines 1 through 21.
Page 3, delete lines 15 through 16, begin a new line double block
indented and insert:
"(C) deposits for each transfer of a niche:
(i) ten percent (10%) of the retail sale amount into the
perpetual care fund established under this chapter for
the maintenance of the cemetery; and
(ii) ninety percent (90%) of the retail sale amount into an
irrevocable trust fund for the purpose of maintaining the
grounds and facilities.".
ES 520—LS 7493/DI 153 4
Page 3, after line 16, begin a new paragraph and insert:
"SECTION 2. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 520 as printed March 13, 2025.)
CARBAUGH
ES 520—LS 7493/DI 153