Sec. 13.5. (a) This section applies to a municipality transferring the control and management of a cemetery under section 12.5 of this chapter.

     (b) The executive of a municipality may nominate a person to serve as cemetery caretaker in a proposed ordinance. After a nomination is made, the legislative body of the municipality shall schedule a hearing at which the legislative body will hear any objections to the proposed ordinance. The legislative body shall publish notice of the hearing once each week for two (2) weeks in accordance with IC 5-3-1.

     (c) The hearing required by subsection (b) must:

(1) be set for a date that is:

(A) at least two (2) weeks after the first publication of notice; and

(B) not later than sixty (60) days after the executive provides the legislative body with notice of the executive’s nomination;

(2) be held at a designated location; and

(3) provide all taxpayers or owners of lots in the cemetery an opportunity to be heard.

     (d) Not later than thirty (30) days after the hearing, the legislative body shall conduct a vote to adopt or defeat the proposed ordinance. For purposes of this subsection, a majority of the legislative body must vote to adopt the proposed ordinance for the ordinance to be adopted.

     (e) If a proposed ordinance is adopted under this section, all papers and documents appropriate for the transfer of the control and management of the cemetery must be executed by the executive of the municipality.

As added by P.L.113-2022, SEC.12.