HB 1387

                                                *HB1387.1*
                                                               January 15, 2026
           HOUSE BILL No. 1387
                 _____
  DIGEST OF HB 1387 (Updated January 14, 2026 11:30 am - DI 140)
Citations Affected: IC 23-14.
Synopsis: Release and sale of cemetery plots. Provides that if a burial
space in a cemetery: (1) has remained unused for a period of at least
100 years from the date of sale or last recorded designation or transfer;
and (2) has no improvements on the burial space, including the
placement of a monument, memorial, or other permanent appurtenance;
the person or entity having jurisdiction over the cemetery may
terminate the rights and interests of the owner of the burial space if
certain conditions are met. Provides that in the case of a cemetery
owned by a unit, any funds generated from the resale of a burial space
shall be used to maintain the cemetery.
Effective: July 1, 2026.
                        Clere, Genda
January 8, 2026, read first time and referred to Committee on Commerce, Small Business
and Economic Development.
January 15, 2026, reported — Do Pass.
HB 1387—LS 7009/DI 154
                                                                             January 15, 2026
            Second Regular Session of the 124th General Assembly (2026)
 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 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1387
    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 23-14-58.5-1.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2026]: Sec. 1.5. (a) Subject to this chapter, if
4 a burial space in a cemetery that is subject to IC 23-14-41 or any
5 other Indiana law:
6      (1) has remained unused for a period of at least one hundred
7      (100) years from the date of sale or last recorded designation
8      or transfer; and
9      (2) has no improvements on the burial space, including the
10      placement of a monument, memorial, or other permanent
11      appurtenance;
12 the person or entity having jurisdiction over the cemetery may
13 terminate the rights and interests of the owner of the burial space.
14    (b) If records regarding the sale, designation, or transfer of a
15 burial space have been damaged or destroyed, the requirement in
16 subsection (a)(1) is satisfied, if a person or entity having
17 jurisdiction over the cemetery reasonably believes that a burial
 HB 1387—LS 7009/DI 154
                                  2
1 space has remained unused for a period of at least one hundred
2 (100) years from the date of sale or last recorded designation or
3 transfer.
4    (c) If the person or entity having jurisdiction over the cemetery
5 does not have a record that details whether a burial space has been
6 used, before terminating an owner's rights and interests in a burial
7 space under subsection (a), the person or entity shall use an
8 industry accepted method to determine whether human remains
9 are present on the burial space.
10    (d) After July 1, 2026, a contract for the purchase of a burial
11 space must include notice that the contract is subject to
12 termination as provided in subsection (a).
13    SECTION 2. IC 23-14-58.5-2.5 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2026]: Sec. 2.5. (a) If the person or entity
16 having jurisdiction over the cemetery:
17      (1) desires to terminate the rights and interests of the owner
18      of the burial space; and
19      (2) determines that the conditions specified in section 1.5 of
20      this chapter have been met;
21 the person or entity shall advertise in a newspaper of general
22 circulation in the county where the cemetery is located seeking the
23 owner's current address and informing the owner of the person or
24 entity's desire to terminate any rights and interests that the owner
25 has in the burial space. If the cemetery has a website or is owned
26 by an entity that has a website, the person or entity shall publish
27 the advertisement on the website.
28    (b) The advertisement described in subsection (a) shall include
29 the following information:
30      (1) The name of the owner of the burial space.
31      (2) The last known address of the owner of the burial space.
32    (c) If there is no record owner of the burial space, then the
33 advertisement described in subsection (a) shall provide information
34 that identifies the burial space.
35    (d) If the person or entity having jurisdiction over the cemetery
36 has not received a response from the owner of the burial space
37 within sixty (60) days after placing the advertisement required in
38 subsection (a), the owner's rights and interests in the burial space
39 are terminated.
40    (e) If the person or entity having jurisdiction over the cemetery
41 has received a response to the advertisement required in subsection
42 (a) that provides an address for the owner of the burial space
 HB 1387—LS 7009/DI 154
                                    3
1 within sixty (60) days after placing the advertisement, the person
2 or entity shall send a notice to the address provided notifying the
3 owner of the intent to terminate the owner's rights and interests in
4 the burial space. If the person or entity having jurisdiction over the
5 cemetery has not received a response from the owner of the burial
6 space within sixty (60) days after sending the notice required by
7 this subsection, the owner's rights and interests in the burial space
8 are terminated. The notice required by this subsection shall be sent
9 by certified mail.
10    SECTION 3. IC 23-14-58.5-3, AS ADDED BY P.L.113-2007,
11 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2026]: Sec. 3. (a) An owner who has received a termination
13 notice under section 2 of this chapter or is subject to section 1.5 of
14 this chapter may inform the person or entity having jurisdiction over
15 the cemetery of the owner's continued intent to use the burial space. If
16 the person or entity having jurisdiction over the cemetery has been
17 informed of the owner's intent, the person or entity having jurisdiction
18 over the cemetery may not terminate the rights and interests of the
19 owner of the burial space.
20    (b) An owner who has received a termination notice under section
21 2 of this chapter or is subject to section 1.5 of this chapter may
22 request the person or entity having jurisdiction over the cemetery to
23 purchase the burial space for the amount originally paid for the burial
24 space.
25    SECTION 4. IC 23-14-58.5-6 IS ADDED TO THE INDIANA
26 CODE AS A NEW SECTION TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2026]: Sec. 6. In the case of a cemetery
28 owned by a unit (as defined in IC 3-5-9-3), any funds generated
29 from the resale of a burial space under this chapter shall be used
30 exclusively to maintain and improve the cemetery.
 HB 1387—LS 7009/DI 154
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                 COMMITTEE REPORT
   Mr. Speaker: Your Committee on Commerce, Small Business and
Economic Development, to which was referred House Bill 1387, 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 HB 1387 as introduced.)
                                                     MORRIS
Committee Vote: Yeas 11, Nays 0
HB 1387—LS 7009/DI 154