1. (a) A perpetual care fund shall be established under this chapter as follows:

   1. (1) In the case of a cemetery for earth burials, by the application and payment to the perpetual care fund of an amount at least equal to:

      1. (A) fifteen percent (15%) of the sale price; or

      2. (B) eighty cents ($0.80) per square foot of area;

         of each burial plot sold or transferred, whichever is greater.

   2. (2) In the case of a community or public mausoleum, or community or public garden crypt, by the application and payment to the perpetual care fund of an amount at least equal to:

      1. (A) eight percent (8%) of the sale price; or

      2. (B) one hundred dollars ($100) per crypt sold or transferred;

         whichever is greater.

   3. (3) In the case of a community columbarium, by the application and payment to the perpetual care fund of an amount at least equal to twenty dollars ($20) per niche sold or transferred.

2. (b) From the sale price, any payment on the sale price, or in a nonmonetary transfer, the owner shall pay an amount in proportion to the requirements of subsection (a)(1) through (a)(3) to the care fund. The payment must be in cash and shall be deposited with the trustee of the fund:

   1. (1) not more than thirty (30) days after the end of the month in which payments on the sale are received; or
   2. (2) not more than thirty (30) days after the end of the month in which there was a transfer which did not involve a sale.
3. (c) The payments required by this section are required to be paid only on the original sale or transfer and not again for any subsequent resale or transfer of the same ground interment rights, crypt, or niche.
4. (d) The trustee of a fund established under this chapter must keep the fund segregated from any other fund or account belonging to the owner of the cemetery.

As added by P.L.52-1997, SEC.22. Amended by P.L.66-1999, SEC.2; P.L.65-2007, SEC.1; P.L.61-2008, SEC.1.