Indiana § 23-14-54-5 - Violation of chapter; Class B misdemeanor

§ 23-14-54-5. Violation of chapter; Class B misdemeanor

Sec. 5. A person who knowingly violates this chapter commits a Class B misdemeanor.

As added by P.L.52-1997, SEC.28.

IC 23-14-54.5Chapter 54.5. Unclaimed Remains of Veterans and Dependents of Veterans

23-14-54.5-1Application of definitions 23-14-54.5-2"Dependent of a veteran" 23-14-54.5-3"Funeral director" 23-14-54.5-4"Verification information" 23-14-54.5-5"Veteran" 23-14-54.5-6"Veterans' service organization" 23-14-54.5-7Application of section; releases 23-14-54.5-8Transport of cremated remains; location information for cremated remains 23-14-54.5-9Immunity for veterans' service organizations 23-14-54.5-10Immunity for funeral directors

IC 23-14-54.5-1Application of definitions Sec. 1. The definitions in IC 23-14-31-1 through IC 23-14-31-21 apply to this chapter.

As added by P.L.90-2016, SEC.2.

IC 23-14-54.5-2"Dependent of a veteran" Sec. 2. As used in this chapter, "dependent of a veteran" means a spouse or a dependent child (as recognized by the United States Department of Veterans Affairs) of a veteran.

As added by P.L.90-2016, SEC.2.

IC 23-14-54.5-3"Funeral director" Sec. 3. As used in this chapter, "funeral director" means a person who holds a funeral director license issued under IC 25-15.

As added by P.L.90-2016, SEC.2.

IC 23-14-54.5-4"Verification information" Sec. 4. As used in this chapter, "verification information" means data required by the United States Department of Veterans Affairs to verify whether a deceased person is a veteran or a dependent of a veteran and is eligible for burial in a national or state cemetery, including:

(1) a copy of the person's or veteran's death certificate; and

(2) the person's or veteran's:

(A) name;

(B) service number;

(C) branch of service;

(D) military rank;

(E) Social Security number;

(F) date and place of birth; and

(G) date of death.

As added by P.L.90-2016, SEC.2.

IC 23-14-54.5-5"Veteran" Sec. 5. As used in this chapter, "veteran" means a person who:

(1) served:

(A) in the active military or naval service of the United States;

(B) in active duty in a force of any organized state militia in a full-time status; or

(C) in the reserve armed forces of the United States on active duty; and

(2) was released from the service described in subdivision (1) other than by dishonorable discharge.

As added by P.L.90-2016, SEC.2.

IC 23-14-54.5-6"Veterans' service organization" Sec. 6. As used in this chapter, "veterans' service organization" means a veterans' organization that:

(1) is qualified as tax exempt under Section 501(c)(3) or 501(c)(19) of the Internal Revenue Code;

(2) is organized for the verification and burial of veterans and dependents of veterans; and

(3) meets one (1) or more of the following:

(A) Is recognized by the United States Department of Veterans Affairs.

(B) Is federally chartered by the Congress of the United States.

As added by P.L.90-2016, SEC.2.

IC 23-14-54.5-7Application of section; releases Sec. 7. (a) This section applies only if all the following apply:

(1) A funeral director has had possession of cremated remains for at least one (1) year.

(2) The funeral director has complied with any notice or other requirements under law concerning cremated remains that have not been claimed by an authorizing agent.

(3) No attempt has been made to claim the cremated remains by a person who has the right to serve as an authorizing agent.

(b) A veterans' service organization that is approved by the Indiana department of veterans' affairs under IC 10-17-1-4.5 may request a funeral director to release verification information concerning cremated remains in the possession of the funeral director.

(c) A funeral director may release verification information concerning cremated remains to a veterans' service organization described in subsection (b).

(d) If:

(1) the United States Department of Veterans Affairs or the Indiana department of veterans' affairs verifies that the cremated remains are the remains of a veteran or a dependent of a veteran and are eligible for burial in a state or national cemetery; and

(2) a veterans' service organization enters into a signed transfer and release of liability with the funeral director who has possession of the cremated remains;

the funeral director may release the cremated remains to the veterans' service organization.

As added by P.L.90-2016, SEC.2.

IC 23-14-54.5-8Transport of cremated remains; location information for cremated remains Sec. 8. (a) A veterans' service organization that receives cremated remains under section 7 of this chapter shall:

(1) transport the cremated remains to a state or national cemetery; and

(2) inter, entomb, or inurn the cremated remains in the state or national cemetery in accordance with any applicable state or federal law.

(b) A veterans' service organization shall provide, in writing to the funeral director who released the cremated remains, the following information concerning the location of the cremated remains that were interred, entombed, or inurned:

(1) The city and state.

(2) The cemetery name.

(3) The plot.

(4) The name of the cemetery owner.

(5) The date the cremated remains were interred, entombed, or inurned.

(6) The contact information of the veterans' service organization.

(c) This section may not be construed to require the funeral director who released the cremated remains under section 7 of this chapter to be present at the interment, entombment, or inurnment of the cremated remains.

As added by P.L.90-2016, SEC.2.

IC 23-14-54.5-9Immunity for veterans' service organizations Sec. 9. A veterans' service organization that in good faith receives and inters, entombs, or inurns cremated remains under this chapter is immune from civil liability for any acts or omissions by the veterans' service organization in receiving or interring, entombing, or inurning the cremated remains.

As added by P.L.90-2016, SEC.2.

IC 23-14-54.5-10Immunity for funeral directors Sec. 10. A funeral director who in good faith releases:

(1) verification information as required under this chapter; or

(2) the cremated remains of a veteran or a dependent of a veteran as provided under this chapter;

is immune from civil liability for any acts or omissions in releasing the verification information or cremated remains.

As added by P.L.90-2016, SEC.2.

IC 23-14-55Chapter 55. Authorization for Interment, Entombment, or Inurnment

23-14-55-1Warranty and liability of individual signing authorization 23-14-55-2Cemetery owner's authority to inter remains upon written authorization; priority among individuals as to power to authorize interment; persons who may not authorize; disputes