Bill Text: IN HB1015 | 2012 | Regular Session | Enrolled

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Bill Title: Cemetery access.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Enrolled - Dead) 2012-03-15 - Signed by the Governor [HB1015 Detail]

Download: Indiana-2012-HB1015-Enrolled.html

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Second Regular Session 117th General Assembly (2012)

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 2011 Regular Session of the General Assembly.

    HOUSE ENROLLED ACT No. 1015

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     AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 6-1.1-6.8-15; (12)HE1015.1.1. -->

    SECTION 1. IC 6-1.1-6.8-15 IS REPEALED [EFFECTIVE JULY 1, 2012]. Sec. 15. The owner of land that is classified under this chapter as cemetery land must allow family members and descendants of persons buried in the cemetery to have at least one (1) day each year to gain access to and visit the cemetery. The date of the visit to the cemetery must be agreed upon between the owner and the family members and descendants of persons buried in the cemetery.

SOURCE: IC 14-8-2-87.6; (12)HE1015.1.2. -->     SECTION 2. IC 14-8-2-87.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 87.6. "Family member", for purposes of IC 14-21-5, has the meaning set forth in IC 14-21-5-1.

SOURCE: IC 14-8-2-135.2; (12)HE1015.1.3. -->     SECTION 3. IC 14-8-2-135.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 135.2. "Invitee", for purposes of IC 14-21-5, has the meaning set forth in IC 14-21-5-2.

SOURCE: IC 14-21-5; (12)HE1015.1.4. -->     SECTION 4. IC 14-21-5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     Chapter 5. Access to Cemetery Land
    Sec. 1. As used in this chapter, "family member" means a relative or descendant of a person buried in a cemetery.
    Sec. 2. As used in this chapter, "invitee" means an individual

who has been given permission by a landowner to visit a cemetery located on the landowner's property.
    Sec. 3. The owner of land that is classified under IC 6-1.1-6.8 as cemetery land must allow family members of persons buried in the cemetery at least three (3) days each year during which the family members may gain access to and visit the cemetery. The date or dates on which family members will visit the cemetery must be agreed upon between the landowner and the family members.
    Sec. 4. The following apply when a landowner grants access to a cemetery that is classified under IC 6-1.1-6.8:
        (1) Except for an injury that is a direct result of a landowner's gross negligence or willful and wanton misconduct, the landowner is immune from civil liability for any injury occurring to the health, life, or property of an invitee or a family member during the time the invitee or family member is present on the landowner's property.
        (2) Except for an injury that is a direct result of a guide's gross negligence or willful and wanton misconduct, a person guiding an invitee or a family member to the cemetery is immune from civil liability for any injury occurring to the health, life, or property of the invitee or family member during the time the guide and the invitee or family member are present on the landowner's property.

SOURCE: IC 34-30-2-55.8; (12)HE1015.1.5. -->     SECTION 5. IC 34-30-2-55.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 55.8. IC 14-21-5-4 (Concerning landowners, guides, and family members or invitees granted access to cemetery land under IC 14-21-5).

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HEA 1015 _ Concur

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Figure
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned

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