Bill Amendment: IL HB1571 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CEMETERIES-DISINTERMENT
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0421 [HB1571 Detail]
Download: Illinois-2023-HB1571-House_Amendment_001.html
Bill Title: CEMETERIES-DISINTERMENT
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0421 [HB1571 Detail]
Download: Illinois-2023-HB1571-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 1571
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2 | AMENDMENT NO. ______. Amend House Bill 1571 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. This Act may be referred to as the Michael | ||||||
5 | Bauer Memorial Act.
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6 | Section 5. The Cemetery Oversight Act is amended by | ||||||
7 | changing Sections 10-23 and 20-5 as follows:
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8 | (225 ILCS 411/10-23) | ||||||
9 | (Section scheduled to be repealed on January 1, 2027)
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10 | Sec. 10-23. Code of Professional Conduct and Ethics. | ||||||
11 | Licensed cemetery authorities and their licensed cemetery | ||||||
12 | managers and customer service employees, and cemetery | ||||||
13 | authorities maintaining a partial exemption and their cemetery | ||||||
14 | managers and customer service employees shall: | ||||||
15 | (a) refrain from committing any action that may |
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1 | violate Section 25-10 of this Act; | ||||||
2 | (b) be aware of applicable federal and State laws and | ||||||
3 | regulations, adhere to those laws and regulations, and be | ||||||
4 | able to explain them to families in an understandable | ||||||
5 | manner; | ||||||
6 | (c) treat all human remains with proper care and | ||||||
7 | dignity, honoring known religious, ethnic, and personal | ||||||
8 | beliefs; | ||||||
9 | (d) protect all confidential information; | ||||||
10 | (e) carry out all aspects of service in a competent | ||||||
11 | and respectful manner; | ||||||
12 | (f) fulfill all written and verbal agreements and | ||||||
13 | contracts; | ||||||
14 | (g) provide honest, factual, and complete information | ||||||
15 | regarding all aspects of the services offered and | ||||||
16 | provided; | ||||||
17 | (h) not engage in advertising that is false, | ||||||
18 | misleading, or otherwise prohibited by law; | ||||||
19 | (i) not discriminate against any person because of | ||||||
20 | race, creed, marital status, sex, national origin, sexual | ||||||
21 | orientation, or color, except a religious cemetery may | ||||||
22 | restrict its services to those of the same religious faith | ||||||
23 | or creed. A cemetery authority operating any cemetery may | ||||||
24 | designate parts of cemeteries or burial grounds for the | ||||||
25 | specific use of persons whose religious code requires | ||||||
26 | isolation; |
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1 | (j) to have clear and specific cemetery rules and | ||||||
2 | regulations, subject to other applicable law, including | ||||||
3 | this Act, and to apply them equally to all consumers and | ||||||
4 | individuals families served; | ||||||
5 | (k) report all violations of this Act and this Section | ||||||
6 | to the Department.
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7 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .)
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8 | (225 ILCS 411/20-5) | ||||||
9 | (Section scheduled to be repealed on January 1, 2027)
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10 | Sec. 20-5. Maintenance and records. | ||||||
11 | (a) A cemetery authority shall provide reasonable | ||||||
12 | maintenance of the cemetery property and of all lots, graves, | ||||||
13 | crypts, and columbariums in the cemetery based on the type and | ||||||
14 | size of the cemetery, topographic limitations, and contractual | ||||||
15 | commitments with consumers. Subject to the provisions of this | ||||||
16 | subsection (a), reasonable maintenance includes: | ||||||
17 | (1) the laying of seed, sod, or other suitable ground | ||||||
18 | cover as soon as practical following an interment given | ||||||
19 | the weather conditions, climate, and season and the | ||||||
20 | interment's proximity to ongoing burial activity; | ||||||
21 | (2) the cutting of lawn throughout the cemetery at | ||||||
22 | reasonable intervals to prevent an overgrowth of grass and | ||||||
23 | weeds given the weather conditions, climate, and season; | ||||||
24 | (3) the trimming of shrubs to prevent excessive | ||||||
25 | overgrowth; |
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1 | (4) the trimming of trees to remove dead limbs; | ||||||
2 | (5) maintaining, repairing, or removing, if necessary, | ||||||
3 | drains, water lines, roads, buildings, fences, and other | ||||||
4 | structures; and | ||||||
5 | (6) keeping the cemetery premises free of trash and | ||||||
6 | debris. | ||||||
7 | In determining whether a cemetery authority provides | ||||||
8 | reasonable maintenance of the cemetery property, the | ||||||
9 | Department shall consider: | ||||||
10 | (1) the cemetery authority's contractual obligations | ||||||
11 | for care and maintenance; | ||||||
12 | (2) the size of the cemetery; | ||||||
13 | (3) the extent and use of the cemetery authority's | ||||||
14 | financial resources; | ||||||
15 | (4) the standard of maintenance of one or more | ||||||
16 | similarly situated cemeteries; in determining whether a | ||||||
17 | cemetery is similarly situated, the Department shall | ||||||
18 | consider the cemetery's size, location, topography, and | ||||||
19 | financial resources, and whether the cemetery is a | ||||||
20 | fraternal cemetery, a religious cemetery, a public | ||||||
21 | cemetery, a cemetery owned and operated by a cemetery | ||||||
22 | association, or a licensed cemetery. | ||||||
23 | Reasonable maintenance by the cemetery authority shall not
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24 | preclude the exercise of lawful rights by the owner of an
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25 | interment, inurnment, or entombment right, or by the | ||||||
26 | decedent's
immediate family or other heirs, in accordance with |
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1 | reasonable
rules and regulations of the cemetery or other | ||||||
2 | agreement of the
cemetery authority.
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3 | In the case of a cemetery dedicated as a nature preserve | ||||||
4 | under the Illinois Natural Areas Preservation Act, reasonable | ||||||
5 | maintenance by the cemetery authority shall be in accordance | ||||||
6 | with the rules and master plan governing the dedicated nature | ||||||
7 | preserve. | ||||||
8 | A cemetery authority accused of violating the reasonable | ||||||
9 | maintenance standard set forth in this Section shall have a | ||||||
10 | reasonable opportunity to cure the violation. The cemetery | ||||||
11 | authority shall have 10 business days after receipt of notice | ||||||
12 | to cure the violation. If a cemetery authority cannot cure the | ||||||
13 | violation within 10 business days, then the cemetery authority | ||||||
14 | may request a time extension in order to cure the violation. | ||||||
15 | The request for an extension shall be made in writing to the | ||||||
16 | Department and must be postmarked within 10 business days | ||||||
17 | after receipt of the notice of the alleged violation. The | ||||||
18 | request shall outline all reasons for the extension and an | ||||||
19 | estimated date by which the cure will be accomplished. | ||||||
20 | Acceptable reasons include, without limitation, delays caused | ||||||
21 | by weather conditions, season or climate, equipment failures, | ||||||
22 | or acquisitions of materials or supplies being addressed by | ||||||
23 | the authority in a timely manner, and unexpected temporary | ||||||
24 | absences of personnel. The Department may approve or deny the | ||||||
25 | extension. If the extension is denied, then the cemetery | ||||||
26 | authority must cure the violation within 10 business days |
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1 | after the date of receipt of the Department's extension | ||||||
2 | denial. If the extension is granted, then the cemetery | ||||||
3 | authority must cure the violation within the extended period | ||||||
4 | of time. A cemetery authority that does not cure the violation | ||||||
5 | within the appropriate period of time shall be subject to | ||||||
6 | discipline in accordance with Article 25 of this Act. | ||||||
7 | (b) A cemetery authority, before commencing cemetery | ||||||
8 | operations or within 6 months after the effective date of this | ||||||
9 | Act, shall cause an overall map of its cemetery property, | ||||||
10 | delineating all lots or plots, blocks, sections, avenues, | ||||||
11 | walks, alleys, and paths and their respective designations, to | ||||||
12 | be filed at its on-site office, or if it does not maintain an | ||||||
13 | on-site office, at its principal place of business. The | ||||||
14 | cemetery authority shall update its map and index described in | ||||||
15 | subsection (b-5) within a reasonable time after any expansion | ||||||
16 | or alteration of the cemetery property. A cemetery manager's | ||||||
17 | certificate acknowledging, accepting, and adopting the map | ||||||
18 | shall also be included with the map. The Department may order | ||||||
19 | that the cemetery authority obtain a cemetery plat and that it | ||||||
20 | be filed at its on-site office, or if it does not maintain an | ||||||
21 | on-site office, at its principal place of business if (1) a | ||||||
22 | human body that should have been interred, entombed, or | ||||||
23 | inurned at the cemetery after the effective date of this | ||||||
24 | amendatory Act of the 97th General Assembly is missing, | ||||||
25 | displaced, or dismembered and (2) the cemetery map contains | ||||||
26 | serious discrepancies. |
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1 | In exercising this discretion, the Department shall | ||||||
2 | consider whether the cemetery authority would experience an | ||||||
3 | undue hardship as a result of obtaining the plat. The cemetery | ||||||
4 | plat, as with all plats prepared under this Act, shall comply | ||||||
5 | with the Illinois Professional Land Surveyor Act of 1989 and | ||||||
6 | shall delineate, describe, and set forth all lots or plots, | ||||||
7 | blocks, sections, avenues, walks, alleys, and paths and their | ||||||
8 | respective designations. A cemetery manager's certificate | ||||||
9 | acknowledging, accepting, and adopting the plat shall also be | ||||||
10 | included with the plat. | ||||||
11 | (b-5) A cemetery authority shall maintain an index that | ||||||
12 | associates the identity of deceased persons interred, | ||||||
13 | entombed, or inurned after the effective date of this Act with | ||||||
14 | their respective place of interment, entombment, or inurnment. | ||||||
15 | (c) The cemetery authority shall open the cemetery map or | ||||||
16 | plat to public inspection. The cemetery authority shall make | ||||||
17 | available a copy of the overall cemetery map or plat upon | ||||||
18 | written request and shall, if practical, provide a copy of a | ||||||
19 | segment of the cemetery plat where interment rights are | ||||||
20 | located upon the payment of reasonable photocopy fees. Any | ||||||
21 | unsold lots, plots, or parts thereof, in which there are not | ||||||
22 | human remains, may be resurveyed and altered in shape or size | ||||||
23 | and properly designated on the cemetery map or plat. However, | ||||||
24 | sold lots, plots, or parts thereof in which there are human | ||||||
25 | remains may not be renumbered or renamed. Nothing contained in | ||||||
26 | this subsection, however, shall prevent the cemetery authority |
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1 | from enlarging an interment right by selling to its owner the | ||||||
2 | excess space next to the interment right and permitting | ||||||
3 | interments therein, provided reasonable access to the | ||||||
4 | interment right and to adjoining interment rights is not | ||||||
5 | thereby eliminated. | ||||||
6 | (d) A cemetery authority shall keep a record of every | ||||||
7 | interment, entombment, and inurnment completed after the | ||||||
8 | effective date of this Act. The record shall include the | ||||||
9 | deceased's name, age, date of burial, and the specific | ||||||
10 | location of the interred, entombed, or inurned human remains. | ||||||
11 | The specific location shall correspond to the map or plat | ||||||
12 | maintained in accordance with subsection (b) of this Section. | ||||||
13 | (e) (Blank). | ||||||
14 | (f) A cemetery authority shall make publicly available for | ||||||
15 | inspection and, upon reasonable request and the payment of a | ||||||
16 | reasonable copying fee, provide a copy of its bylaws, rules | ||||||
17 | and regulations through continuous publication on an Internet | ||||||
18 | website or social media page, with a reference to and notice of | ||||||
19 | the bylaws, rules, and regulations set forth in every contract | ||||||
20 | or legal agreement with any person for services in relation to | ||||||
21 | the cemetery. If the cemetery authority does not operate or | ||||||
22 | maintain any website or social media page, then it shall | ||||||
23 | provide a copy of its bylaws, rules, and regulations to each | ||||||
24 | person either prior to or contemporaneous with the cemetery | ||||||
25 | authority's representative's presentment of any contract or | ||||||
26 | legal agreement for services in relation to the cemetery or |
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1 | within 5 days of such a person's request. A cemetery authority | ||||||
2 | may charge a reasonable copying fee in exchange for a paper | ||||||
3 | copy of the cemetery authority's bylaws, rules, and | ||||||
4 | regulations . A cemetery authority shall make available for | ||||||
5 | viewing and provide a copy of its current prices of interment, | ||||||
6 | disinterment, inurnment, or entombment rights. | ||||||
7 | (g) A cemetery authority shall provide access to the | ||||||
8 | cemetery under the cemetery authority's reasonable rules and | ||||||
9 | regulations. | ||||||
10 | (h) A cemetery authority shall be responsible for the | ||||||
11 | proper opening and closing of all graves, crypts, or niches | ||||||
12 | for human remains in any cemetery property it owns. | ||||||
13 | (i) A licensed cemetery authority shall keep in this State | ||||||
14 | and use in its business such records as will enable the | ||||||
15 | Department to determine whether such licensee or trustee is | ||||||
16 | complying with the provisions of this Act and with the rules, | ||||||
17 | regulations, and directions made by the Department under this | ||||||
18 | Act. The licensed cemetery authority shall keep the records in | ||||||
19 | electronic or written format at the location identified in the | ||||||
20 | license issued by the Department or as otherwise agreed by the | ||||||
21 | Department in writing. The books, accounts, and records shall | ||||||
22 | be accessible for review upon demand of the Department.
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23 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .)
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24 | Section 10. The Vital Records Act is amended by changing | ||||||
25 | Section 21 as follows:
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1 | (410 ILCS 535/21) (from Ch. 111 1/2, par. 73-21)
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2 | Sec. 21.
(1) The funeral director or person acting as such | ||||||
3 | who first
assumes custody of a dead body or fetus shall make a | ||||||
4 | written report to the
registrar of the district in which death | ||||||
5 | occurred or in which the body or
fetus was found within 24 | ||||||
6 | hours after taking custody of the body or fetus
on a form | ||||||
7 | prescribed and furnished by the State Registrar and in | ||||||
8 | accordance
with the rules promulgated by the State Registrar. | ||||||
9 | Except as specified in
paragraph (2) of this Section, the | ||||||
10 | written report shall serve as a permit
to transport, bury, or | ||||||
11 | entomb the body or fetus within this State, provided
that the | ||||||
12 | funeral director or person acting as such shall certify that | ||||||
13 | the certifying health care professional who, within 12 months | ||||||
14 | prior to the date of the patient's death, was treating or | ||||||
15 | managing treatment of the patient's illness or condition
which | ||||||
16 | resulted in death has been contacted and has affirmatively | ||||||
17 | stated
that he or she will sign the medical certificate of | ||||||
18 | death or the fetal death
certificate. If a funeral director
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19 | fails to file written
reports under this Section in a timely | ||||||
20 | manner, the local registrar
may suspend the funeral director's | ||||||
21 | privilege of filing written
reports by mail.
In a county with a | ||||||
22 | population greater than 3,000,000, if a funeral director
or | ||||||
23 | person acting as such inters or entombs a dead body
without | ||||||
24 | having previously certified that the certifying health care | ||||||
25 | professional who, within 12 months prior to the date of the |
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1 | patient's death, was treating or managing treatment of the
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2 | patient's illness or condition that resulted in death has been
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3 | contacted and has affirmatively stated that he or she will | ||||||
4 | sign the medical
certificate of death,
then that funeral
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5 | director or person acting as such
is responsible for payment | ||||||
6 | of the specific costs incurred by the county
medical examiner | ||||||
7 | in
disinterring and reinterring or reentombing
the dead body.
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8 | (2) The written report as specified in paragraph (1) of | ||||||
9 | this Section shall
not serve as a permit to:
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10 | (a) Remove body or fetus from this State;
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11 | (b) Cremate the body or fetus; or
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12 | (c) Make disposal of any body or fetus in any manner | ||||||
13 | when death is subject
to the coroner's or medical | ||||||
14 | examiner's investigation.
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15 | (3) In accordance with the provisions of paragraph (2) of | ||||||
16 | this Section
the funeral director or person acting as such who | ||||||
17 | first assumes custody
of a dead body or fetus shall obtain a | ||||||
18 | permit for disposition of such
dead human body prior to final | ||||||
19 | disposition or removal from the State of the
body or fetus. | ||||||
20 | Such permit shall be issued by the registrar of the
district | ||||||
21 | where death occurred or the body or fetus was found. No such
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22 | permit shall be issued until a properly completed certificate | ||||||
23 | of death has
been filed with the registrar. The registrar | ||||||
24 | shall insure the issuance of
a permit for disposition within | ||||||
25 | an expedited period of time to accommodate
Sunday or holiday | ||||||
26 | burials of decedents whose time of death and religious
tenets |
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1 | or beliefs necessitate Sunday or holiday burials.
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2 | (4) A permit which accompanies a dead body or fetus | ||||||
3 | brought into this
State shall be authority for final | ||||||
4 | disposition of the body or fetus in this
State, except in | ||||||
5 | municipalities where local ordinance requires the issuance
of | ||||||
6 | a local permit prior to disposition.
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7 | (5) A permit for disposition of a dead human body shall be | ||||||
8 | required
prior to disinterment of a dead body or fetus, and | ||||||
9 | when the disinterred
body is to be shipped by a common carrier. | ||||||
10 | Such permit shall be issued to
a licensed funeral director or | ||||||
11 | person acting as such, upon proper
application, by the local | ||||||
12 | registrar of the district in which disinterment
is to be made. | ||||||
13 | In the case of disinterment, proper application shall
include | ||||||
14 | a statement providing the name and address of any surviving | ||||||
15 | spouse
of the deceased, or, if none, any surviving children of | ||||||
16 | the deceased, or if
no surviving spouse or children, a parent, | ||||||
17 | brother, or sister of the
deceased. The
application shall | ||||||
18 | indicate whether the applicant is one of these parties
and, if | ||||||
19 | so, whether the applicant is a surviving spouse or a surviving
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20 | child. Prior to the issuance of a permit for disinterment, the
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21 | local registrar shall, by certified mail, notify the surviving | ||||||
22 | spouse,
unless he or she is the applicant, or if there is no | ||||||
23 | surviving spouse, all
surviving children except for the | ||||||
24 | applicant, of the application for the
permit. The person or | ||||||
25 | persons notified shall have 30 days from the mailing
of the | ||||||
26 | notice to object by obtaining an injunction enjoining the |
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1 | issuance
of the permit. After the 30-day period has expired, | ||||||
2 | the local registrar
shall issue the permit unless he or she has | ||||||
3 | been enjoined from doing so or
there are other statutory | ||||||
4 | grounds for refusal. The notice to the spouse or
surviving | ||||||
5 | children shall inform the person or persons being notified of | ||||||
6 | the
right to seek an injunction within 30 days. If a court | ||||||
7 | finds that a party to a disinterment dispute has acted in bad | ||||||
8 | faith, the court may, in its sole discretion, award costs, | ||||||
9 | including reasonable attorney's fees, against the person it | ||||||
10 | finds has acted in bad faith. | ||||||
11 | Notwithstanding any other
provision of this subsection | ||||||
12 | (5), a court may order issuance of a permit
for disinterment | ||||||
13 | without notice or prior to the expiration of the 30-day
period | ||||||
14 | where the petition is made by an agency of any governmental | ||||||
15 | unit and
good cause is shown for disinterment without notice | ||||||
16 | or for the early order.
Nothing in this subsection (5) limits | ||||||
17 | the authority of the City of Chicago to
acquire property or | ||||||
18 | otherwise exercise its powers under the O'Hare
Modernization | ||||||
19 | Act or requires that City,
or
any person acting on behalf of | ||||||
20 | that City, to obtain a permit under this
subsection (5) when | ||||||
21 | exercising powers under the O'Hare Modernization Act. The | ||||||
22 | Illinois Department of Transportation, and any person acting | ||||||
23 | on its behalf under a public-private agreement entered into in | ||||||
24 | accordance with the Public-Private Agreements for the South | ||||||
25 | Suburban Airport Act, is exempt from this subsection (5), | ||||||
26 | provided that the Illinois Department of Transportation, or |
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1 | any such person, takes reasonable steps to comply with the | ||||||
2 | provisions of this subsection (5) so long as compliance does | ||||||
3 | not interfere with the design, development, operation, or | ||||||
4 | maintenance of the South Suburban Airport or the exercise of | ||||||
5 | their powers under the Public-Private Agreements for the South | ||||||
6 | Suburban Airport Act.
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7 | (Source: P.A. 102-257, eff. 1-1-22 .)
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8 | Section 15. The Disposition of Remains Act is amended by | ||||||
9 | changing Section 50 as follows:
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10 | (755 ILCS 65/50) | ||||||
11 | Sec. 50. Disputes. | ||||||
12 | (a) Any dispute among any of the persons listed in Section | ||||||
13 | 5 concerning their right to control the disposition, including | ||||||
14 | cremation, of a decedent's remains shall be resolved by a | ||||||
15 | court of competent jurisdiction within 30 days of the dispute | ||||||
16 | being filed with the court. A cemetery organization or funeral | ||||||
17 | establishment shall not be liable for refusing to accept the | ||||||
18 | decedent's remains, or to inter or otherwise dispose of the | ||||||
19 | decedent's remains, until it receives a court order or other | ||||||
20 | suitable confirmation that the dispute has been resolved or | ||||||
21 | settled.
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22 | (b) Any dispute over a disinterment shall be resolved by a | ||||||
23 | circuit court with all reasonable promptness by the court. If | ||||||
24 | the court finds that a party to a disinterment dispute has |
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1 | acted in bad faith, the court may, in its sole discretion, | ||||||
2 | award costs, including reasonable attorney's fees, against the | ||||||
3 | person it finds has acted in bad faith. | ||||||
4 | (Source: P.A. 101-381, eff. 1-1-20 .)
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5 | Section 20. The Cemetery Protection Act is amended by | ||||||
6 | changing Section 2 as follows:
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7 | (765 ILCS 835/2) (from Ch. 21, par. 16)
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8 | Sec. 2. The cemetery authority is hereby
authorized to | ||||||
9 | make by-laws or rules and regulations for the government | ||||||
10 | thereof, and to make rules
regarding the driving of cars, | ||||||
11 | motorcycles, carriages, processions, teams, and the speed
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12 | thereof, the use of avenues, lots, walks, ponds, water | ||||||
13 | courses, vaults,
buildings, or other places within such | ||||||
14 | cemetery, the operations and good management in such cemetery, | ||||||
15 | the protection of visitors, the protection of employees, and | ||||||
16 | for the maintenance of
good order and quiet in such cemetery, | ||||||
17 | all such rules to be subject to the
rights of interment, | ||||||
18 | entombment, or inurnment , and disinterment right owners, or | ||||||
19 | others, owning any interest in such cemetery; and
all persons | ||||||
20 | found guilty of a violation of such rules shall be guilty of a
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21 | petty offense and shall be punished by a fine of not less than | ||||||
22 | $100, nor more
than $500 for each offense. No judge shall be | ||||||
23 | disqualified from hearing any
cause that may be brought before | ||||||
24 | him under the provisions of this Act, nor
shall any person be |
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1 | disqualified from acting as a juror in such cause, by
reason of | ||||||
2 | any interest or ownership they or either of them may have in | ||||||
3 | the
interment, entombment, or inurnment rights of such | ||||||
4 | cemetery. The bylaws, rules, and regulations shall be made | ||||||
5 | publicly available through continuous publication on an | ||||||
6 | Internet website or social media page, with a reference to and | ||||||
7 | notice of the bylaws, rules, and regulations set forth in | ||||||
8 | every contract or legal agreement with any person for services | ||||||
9 | in relation to the cemetery. If the cemetery authority does | ||||||
10 | not operate or maintain any website or social media page, then | ||||||
11 | it shall provide a copy of the bylaws, rules, and regulations | ||||||
12 | to each person either prior to or contemporaneous with the | ||||||
13 | cemetery authority's representative's presentment of any | ||||||
14 | contract or legal agreement for services in relation to the | ||||||
15 | cemetery or within 5 days of such a person's request. A | ||||||
16 | cemetery authority may charge a reasonable copying fee in | ||||||
17 | exchange for a paper copy of the cemetery authority's bylaws, | ||||||
18 | rules, and regulations.
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19 | (Source: P.A. 94-44, eff. 6-17-05.)".
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