Indiana 2025 Regular Session

Indiana Senate Bill SB0520 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0520.2
	2	+	Reprinted
	3	+	March 26, 2025
	4	+	ENGROSSED
	5	+	SENATE BILL No. 520
	6	+	_____
	7	+	DIGEST OF SB 520 (Updated March 25, 2025 2:03 pm - DI 153)
	8	+	Citations Affected: IC 23-14.
	9	+	Synopsis: Perpetual care fund deposits for columbariums. Exempts
	10	+	certain veteran focused nonprofit cemeteries from certain deposit and
	11	+	trustee requirements with respect to a perpetual care fund.
	12	+	Effective: Upon passage.
	13	+	Busch, Tomes, Ford J.D.
	14	+	(HOUSE SPONSORS — CARBAUGH, ABBOTT)
	15	+	January 16, 2025, read first time and referred to Committee on Veterans Affairs and The
	16	+	Military.
	17	+	January 21, 2025, reported favorably — Do Pass.
	18	+	January 27, 2025, read second time, ordered engrossed. Engrossed.
	19	+	January 28, 2025, read third time, passed. Yeas 49, nays 0.
	20	+	HOUSE ACTION
	21	+	March 3, 2025, read first time and referred to Committee on Veterans Affairs and Public
	22	+	Safety.
	23	+	March 13, 2025, reported — Do Pass.
	24	+	March 25, 2025, read second time, amended, ordered engrossed.
	25	+	ES 520—LS 7493/DI 153 Reprinted
	26	+	March 26, 2025
1	27		First Regular Session of the 124th General Assembly (2025)
2	28		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	29		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	30		additions will appear in this style type, and deletions will appear in this style type.
5	31		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	32		provision adopted), the text of the new provision will appear in this style type. Also, the
7	33		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	34		a new provision to the Indiana Code or the Indiana Constitution.
9	35		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	36		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 520
12		-	AN ACT to amend the Indiana Code concerning business and other
13		-	associations.
	37	+	ENGROSSED
	38	+	SENATE BILL No. 520
	39	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	40	+	business and other associations.
14	41		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 23-14-48-5, AS AMENDED BY P.L.33-2019,
16		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	UPON PASSAGE]: Sec. 5. (a) In addition to meeting the requirements
18		-	of sections 1 through 3 of this chapter, a cemetery that:
19		-	(1) is organized after June 30, 1997, by incorporation, or any
20		-	other means; or
21		-	(2) has its first burial, entombment, or inurnment after June 30,
22		-	1997;
23		-	shall, before disposing of a burial lot or right, making a sale of a burial
24		-	lot or right, or making its first burial, entombment, or inurnment cause
25		-	to be deposited in a financial institution one hundred thousand dollars
26		-	($100,000) in cash in the perpetual care fund established under this
27		-	chapter for the maintenance of the cemetery.
28		-	(b) The cemetery owner shall designate the financial institution as
29		-	trustee of the fund. The financial institution must execute an affidavit
30		-	stating that it has accepted the trusteeship of the fund and that the one
31		-	hundred thousand dollars ($100,000) has been deposited in the fund.
32		-	The cemetery shall:
33		-	(1) exhibit the affidavit in the principal office of the cemetery;
34		-	(2) keep the affidavit available at all times for examination; and
35		-	(3) record the affidavit in the miscellaneous records in the office
36		-	SEA 520 — Concur 2
37		-	of the recorder of the county in which the cemetery is located.
38		-	(c) When the cemetery has deposited in the perpetual care fund, as
39		-	required by this section, two hundred thousand dollars ($200,000):
40		-	(1) the cemetery shall submit proof of this fact to its trustee; and
41		-	(2) the trustee shall pay over to the cemetery one hundred
42		-	thousand dollars ($100,000) that the cemetery deposited in the
43		-	fund under subsection (a).
44		-	(d) This section does not apply in the case of a cemetery
45		-	consisting of a columbarium or a community columbarium:
46		-	(1) installed before January 1, 2026; and
47		-	(2) owned by a nonprofit organization that:
48		-	(A) focuses on veterans;
49		-	(B) is exempt from federal income taxation under Section
50		-	501(c)(3) of the Internal Revenue Code; and
51		-	(C) deposits for each transfer of a niche:
	42	+	1 SECTION 1. IC 23-14-48-5, AS AMENDED BY P.L.33-2019,
	43	+	2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	44	+	3 UPON PASSAGE]: Sec. 5. (a) In addition to meeting the requirements
	45	+	4 of sections 1 through 3 of this chapter, a cemetery that:
	46	+	5 (1) is organized after June 30, 1997, by incorporation, or any
	47	+	6 other means; or
	48	+	7 (2) has its first burial, entombment, or inurnment after June 30,
	49	+	8 1997;
	50	+	9 shall, before disposing of a burial lot or right, making a sale of a burial
	51	+	10 lot or right, or making its first burial, entombment, or inurnment cause
	52	+	11 to be deposited in a financial institution one hundred thousand dollars
	53	+	12 ($100,000) in cash in the perpetual care fund established under this
	54	+	13 chapter for the maintenance of the cemetery.
	55	+	14 (b) The cemetery owner shall designate the financial institution as
	56	+	15 trustee of the fund. The financial institution must execute an affidavit
	57	+	16 stating that it has accepted the trusteeship of the fund and that the one
	58	+	17 hundred thousand dollars ($100,000) has been deposited in the fund.
	59	+	ES 520—LS 7493/DI 153 2
	60	+	1 The cemetery shall:
	61	+	2 (1) exhibit the affidavit in the principal office of the cemetery;
	62	+	3 (2) keep the affidavit available at all times for examination; and
	63	+	4 (3) record the affidavit in the miscellaneous records in the office
	64	+	5 of the recorder of the county in which the cemetery is located.
	65	+	6 (c) When the cemetery has deposited in the perpetual care fund, as
	66	+	7 required by this section, two hundred thousand dollars ($200,000):
	67	+	8 (1) the cemetery shall submit proof of this fact to its trustee; and
	68	+	9 (2) the trustee shall pay over to the cemetery one hundred
	69	+	10 thousand dollars ($100,000) that the cemetery deposited in the
	70	+	11 fund under subsection (a).
	71	+	12 (d) This section does not apply in the case of a cemetery
	72	+	13 consisting of a columbarium or a community columbarium:
	73	+	14 (1) installed before January 1, 2026; and
	74	+	15 (2) owned by a nonprofit organization that:
	75	+	16 (A) focuses on veterans;
	76	+	17 (B) is exempt from federal income taxation under Section
	77	+	18 501(c)(3) of the Internal Revenue Code; and
	78	+	19 (C) deposits for each transfer of a niche:
	79	+	20 (i) ten percent (10%) of the retail sale amount into the
	80	+	21 perpetual care fund established under this chapter for
	81	+	22 the maintenance of the cemetery; and
	82	+	23 (ii) ninety percent (90%) of the retail sale amount into an
	83	+	24 irrevocable trust fund for the purpose of maintaining the
	84	+	25 grounds and facilities.
	85	+	26 SECTION 2. An emergency is declared for this act.
	86	+	ES 520—LS 7493/DI 153 3
	87	+	COMMITTEE REPORT
	88	+	Mr. President: The Senate Committee on Veterans Affairs and The
	89	+	Military, to which was referred Senate Bill No. 520, has had the same
	90	+	under consideration and begs leave to report the same back to the
	91	+	Senate with the recommendation that said bill DO PASS.
	92	+	(Reference is to SB 520 as introduced.)
	93	+
	94	+	TOMES, Chairperson
	95	+	Committee Vote: Yeas 8, Nays 0
	96	+	_____
	97	+	COMMITTEE REPORT
	98	+	Mr. Speaker: Your Committee on Veterans Affairs and Public
	99	+	Safety, to which was referred Senate Bill 520, has had the same under
	100	+	consideration and begs leave to report the same back to the House with
	101	+	the recommendation that said bill do pass.
	102	+	(Reference is to SB 520 as printed January 22, 2025.)
	103	+	BARTELS
	104	+	Committee Vote: Yeas 13, Nays 0
	105	+	_____
	106	+	HOUSE MOTION
	107	+	Mr. Speaker: I move that Engrossed Senate Bill 520 be amended to
	108	+	read as follows:
	109	+	Replace the effective date in SECTION 2 with "[EFFECTIVE
	110	+	UPON PASSAGE]".
	111	+	Page 1, delete lines 1 through 17.
	112	+	Page 2, delete lines 1 through 21.
	113	+	Page 3, delete lines 15 through 16, begin a new line double block
	114	+	indented and insert:
	115	+	"(C) deposits for each transfer of a niche:
52	116		(i) ten percent (10%) of the retail sale amount into the
53	117		perpetual care fund established under this chapter for
54	118		the maintenance of the cemetery; and
55	119		(ii) ninety percent (90%) of the retail sale amount into an
56	120		irrevocable trust fund for the purpose of maintaining the
57		-	grounds and facilities.
58		-	~~SECTION 2.~~ ~~An emergency is declared for this act.~~
59		-	~~SEA 520 — Concur President of the Senate~~
60		-	~~President Pro Tempore~~
61		-	~~Speaker of the House of Representatives~~
62		-	~~Governor of the State of Indiana~~
63		-	~~Date: Time:~~
64		-	~~SEA~~ 520 ~~— Concur~~
	121	+	grounds and facilities.".
	122	+	ES 520—LS 7493/DI 153 4
	123	+	Page 3, after line 16, begin a new paragraph and insert:
	124	+	"SECTION 2. An emergency is declared for this act.".
	125	+	Renumber all SECTIONS consecutively.
	126	+	(Reference is to ESB 520 as printed March 13, 2025.)
	127	+	CARBAUGH
	128	+	ES 520—LS 7493/DI 153