1. (a) Subject to subsection (b), the cremated remains of a deceased animal of a deceased owner may be:

   1. (1) removed from the temporary container or urn described in section 3(3) of this chapter and scattered or placed on top of the deceased owner's burial plot; or

   2. (2) interred on top of the deceased owner's burial plot as long as the interment of the deceased animal's cremated remains does not:

      1. (A) encroach upon or interfere with a neighboring burial plot of which the deceased owner is not the record owner;

      2. (B) involve the disinterment of:

         1. (i) the deceased owner's remains; or
         2. (ii) the remains of a deceased individual other than the deceased owner; or

      3. (C) involve the digging or penetration of earth at a depth that exceeds one (1) foot.

         The cremated remains of a deceased animal of a deceased owner may be scattered, placed, or interred in a manner described in this subsection before, after, or in conjunction with the interment of the remains of the deceased owner.

2. (b) The cremated remains of a deceased animal of a deceased owner may be scattered, placed, or interred in a manner described in subsection (a) only if the following apply:

   1. (1) The person or entity owning the deceased animal at the time of the deceased animal's death:

      1. (A) consents in writing to the scattering, placement, or interment of the cremated remains of the deceased animal in a manner described in subsection (a); and

      2. (B) before the scattering, placement, or interment of the cremated remains of the deceased animal is to take place, provides the written consent described in clause (A) to the owner of the cemetery in which the deceased owner's burial plot is located;

         if the deceased owner is not the owner of the deceased animal at the time of the deceased animal's death.

   2. (2) The deceased owner provides for or directs the scattering, placement, or interment of the cremated remains of the deceased animal in a manner described in subsection (a):

      1. (A) in the deceased owner's last will and testament;
      2. (B) in a written designation provided to a cemetery under IC 23-14-42-2 ; or
      3. (C) in a funeral planning declaration executed under IC 29-2-19 .

   3. (3) If subdivision (2) does not apply, a person who has the right under IC 23-14-31-26 , IC 23-14-55-2 , IC 25-15-9-18 , IC 29-2-19-17 , or any other applicable statute to:

      1. (A) control the disposition of the deceased owner's remains;
      2. (B) make arrangements for the funeral services of the deceased owner; or

      3. (C) make other ceremonial arrangements after the deceased owner's death;

         provides for or directs the scattering, placement, or interment of the cremated remains of the deceased animal in a manner described in subsection (a).

As added by P.L.176-2016, SEC.1. Amended by P.L.85-2017, SEC.91.