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,
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 520
AN ACT to amend the Indiana Code concerning business and other
associations.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 23-14-48-5, AS AMENDED BY P.L.33-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) In addition to meeting the requirements
of sections 1 through 3 of this chapter, a cemetery that:
(1) is organized after June 30, 1997, by incorporation, or any
other means; or
(2) has its first burial, entombment, or inurnment after June 30,
1997;
shall, before disposing of a burial lot or right, making a sale of a burial
lot or right, or making its first burial, entombment, or inurnment cause
to be deposited in a financial institution one hundred thousand dollars
($100,000) in cash in the perpetual care fund established under this
chapter for the maintenance of the cemetery.
(b) The cemetery owner shall designate the financial institution as
trustee of the fund. The financial institution must execute an affidavit
stating that it has accepted the trusteeship of the fund and that the one
hundred thousand dollars ($100,000) has been deposited in the fund.
The cemetery shall:
(1) exhibit the affidavit in the principal office of the cemetery;
(2) keep the affidavit available at all times for examination; and
(3) record the affidavit in the miscellaneous records in the office
SEA 520 — Concur 2
of the recorder of the county in which the cemetery is located.
(c) When the cemetery has deposited in the perpetual care fund, as
required by this section, two hundred thousand dollars ($200,000):
(1) the cemetery shall submit proof of this fact to its trustee; and
(2) the trustee shall pay over to the cemetery one hundred
thousand dollars ($100,000) that the cemetery deposited in the
fund under subsection (a).
(d) This section does not apply in the case of a cemetery
consisting of a columbarium or a community columbarium:
(1) installed before January 1, 2026; and
(2) owned by a nonprofit organization that:
(A) focuses on veterans;
(B) is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code; and
(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.
SECTION 2. An emergency is declared for this act.
SEA 520 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 520 — Concur