Indiana Senate Bill 381 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Republican 4-0)
Status: Passed on April 18 2019 - 100% progression
Action: 2019-04-18 - Public Law 33
Text: Latest bill text (Enrolled) [PDF]

Cemetery perpetual care fund distributions. Provides that a cemetery perpetual care fund that is a trust may be converted into a total return unitrust (a trust from which the trustee pays out an amount computed as a percentage of the fair market value of the trust assets instead of paying out the income of the trust). Provides that the percentage used to compute the amount paid out from a perpetual care fund converted into a total return unitrust must: (1) represent a reasonable current return from the trust; (2) be agreed upon in writing by the trustee and the owner of the cemetery or ordered by the court having jurisdiction of the trust; (3) serve the purpose of the perpetual care of the cemetery; and (4) be not less than 3% or more than 5%. Prevents certain distributions from being made from a total return unitrust in certain instances. Provides that, except for withdrawals for the payment of expenses, all withdrawals from a trust converted into a total return unitrust must be devoted to the perpetual care of the cemetery, including the immediate maintenance needs of the cemetery.

Cemetery perpetual care fund distributions. Provides that a cemetery perpetual care fund that is a trust may be converted into a total return unitrust (a trust from which the trustee pays out an amount computed as a percentage of the fair market value of the trust assets instead of paying out the income of the trust). Provides that the percentage used to compute the amount paid out from a perpetual care fund converted into a total return unitrust must: (1) represent a reasonable current return from the trust; (2) be agreed upon in writing by the trustee and the owner of the cemetery or ordered by the court having jurisdiction of the trust; (3) serve the purpose of the perpetual care of the cemetery; and (4) be not less than 3% or more than 5%. Prevents certain distributions from being made from a total return unitrust in certain instances. Provides that, except for withdrawals for the payment of expenses, all withdrawals from a trust converted into a total return unitrust must be devoted to the perpetual care of the cemetery, including the immediate maintenance needs of the cemetery.

Sen. Eric Koch [R]

Sen. Randall Head [R]

Rep. Gerald Torr [R]

Rep. Chris May [R]

2019-04-01 - Senate - Senate - Senate concurred in House amendments (Y: 46 N: 0 NV: 1 Abs: 3) [PASS]
2019-03-14 - House - House - Third reading (Y: 90 N: 0 NV: 1 Abs: 9) [PASS]
2019-03-04 - House - House - Committee Vote (Y: 11 N: 0 NV: 0 Abs: 2) [PASS]
2019-02-19 - Senate - Third reading (Y: 40 N: 0 NV: 9 Abs: 1) [PASS]
2019-02-13 - Senate - Senate - Committee Vote (Y: 11 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2019-04-18	Senate	Public Law 33
2019-04-18	Senate	Signed by the Governor
2019-04-17	Senate	Signed by the President of the Senate
2019-04-08	House	Signed by the Speaker
2019-04-04	Senate	Signed by the President Pro Tempore
2019-04-01	Senate	Senate concurred in House amendments; Roll Call 364: yeas 46, nays 0
2019-03-29	Senate	Motion to concur filed
2019-03-15	House	Returned to the Senate with amendments
2019-03-14	House	Third reading: passed; Roll Call 312: yeas 90, nays 0
2019-03-11	House	Second reading: ordered engrossed
2019-03-04	House	Committee report: amend do pass, adopted
2019-02-26	House	First reading: referred to Committee on Judiciary
2019-02-20	Senate	Referred to the House
2019-02-19	Senate	Cosponsor: Representative May
2019-02-19	Senate	House sponsor: Representative Torr
2019-02-19	Senate	Third reading: passed; Roll Call 159: yeas 40, nays 0
2019-02-18	Senate	Senator Head added as second author
2019-02-18	Senate	Second reading: ordered engrossed
2019-02-14	Senate	Committee report: do pass, adopted
2019-01-14	Senate	First reading: referred to Committee on Judiciary
2019-01-14	Senate	Authored by Senator Koch

Type	Source
Summary	https://iga.in.gov/legislative/2019/bills/senate/381/details
Text	http://iga.in.gov/static-documents/d/8/2/e/d82e8cbd/SB0381.01.INTR.pdf
Text	http://iga.in.gov/static-documents/4/1/8/4/41848fe3/SB0381.02.COMS.pdf
Text	http://iga.in.gov/static-documents/8/5/7/f/857fa20d/SB0381.02.COMS.pdf
Text	http://iga.in.gov/static-documents/0/7/4/1/074142d9/SB0381.03.COMH.pdf
Text	http://iga.in.gov/static-documents/d/f/6/0/df606cf2/SB0381.03.COMH.pdf
Text	http://iga.in.gov/static-documents/c/f/c/b/cfcbde29/SB0381.04.ENRH.pdf
Roll Call	http://iga.in.gov/static-documents/8/3/5/3/8353f43e/SB0381.01.INTR.02.pdf
Roll Call	http://iga.in.gov/static-documents/4/7/8/c/478c6173/SB0381.159.pdf
Roll Call	http://iga.in.gov/static-documents/8/7/3/4/8734570e/SB0381.02.COMS.00.pdf
Roll Call	http://iga.in.gov/static-documents/3/c/1/e/3c1eb593/SB0381.312.pdf
Roll Call	http://iga.in.gov/static-documents/f/2/7/2/f2721675/SB0381.364.pdf