Bill Text: IL HB1571 | 2023-2024 | 103rd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill. Deletes the changes made to the Vital Records Act. Removes references to the terms "bylaws" and "by-laws". In the Cemetery Protection Act: Requires the rules and regulations to be made publicly available through continuous publication on an Internet website or social media page that the cemetery authority maintains, operates, or uses. Provides that if a cemetery authority does not maintain, operate, or use an Internet website or social media page, the cemetery authority must provide a consumer with either an email or paper copy of the rules and regulations at the execution of a contract or within 5 business days of request thereof. Allows a cemetery authority to charge a reasonable copying fee in exchange for a paper copy of the cemetery authority's rules and regulations.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0421 [HB1571 Detail]
Download: Illinois-2023-HB1571-Engrossed.html
Bill Title: Reinserts the provisions of the engrossed bill. Deletes the changes made to the Vital Records Act. Removes references to the terms "bylaws" and "by-laws". In the Cemetery Protection Act: Requires the rules and regulations to be made publicly available through continuous publication on an Internet website or social media page that the cemetery authority maintains, operates, or uses. Provides that if a cemetery authority does not maintain, operate, or use an Internet website or social media page, the cemetery authority must provide a consumer with either an email or paper copy of the rules and regulations at the execution of a contract or within 5 business days of request thereof. Allows a cemetery authority to charge a reasonable copying fee in exchange for a paper copy of the cemetery authority's rules and regulations.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0421 [HB1571 Detail]
Download: Illinois-2023-HB1571-Engrossed.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. This Act may be referred to as the Michael Bauer | ||||||
5 | 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 | ||||||
16 | violate Section 25-10 of this Act; | ||||||
17 | (b) be aware of applicable federal and State laws and | ||||||
18 | regulations, adhere to those laws and regulations, and be | ||||||
19 | able to explain them to families in an understandable | ||||||
20 | manner; | ||||||
21 | (c) treat all human remains with proper care and | ||||||
22 | dignity, honoring known religious, ethnic, and personal |
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1 | beliefs; | ||||||
2 | (d) protect all confidential information; | ||||||
3 | (e) carry out all aspects of service in a competent | ||||||
4 | and respectful manner; | ||||||
5 | (f) fulfill all written and verbal agreements and | ||||||
6 | contracts; | ||||||
7 | (g) provide honest, factual, and complete information | ||||||
8 | regarding all aspects of the services offered and | ||||||
9 | provided; | ||||||
10 | (h) not engage in advertising that is false, | ||||||
11 | misleading, or otherwise prohibited by law; | ||||||
12 | (i) not discriminate against any person because of | ||||||
13 | race, creed, marital status, sex, national origin, sexual | ||||||
14 | orientation, or color, except a religious cemetery may | ||||||
15 | restrict its services to those of the same religious faith | ||||||
16 | or creed. A cemetery authority operating any cemetery may | ||||||
17 | designate parts of cemeteries or burial grounds for the | ||||||
18 | specific use of persons whose religious code requires | ||||||
19 | isolation; | ||||||
20 | (j) to have clear and specific cemetery rules and | ||||||
21 | regulations, subject to other applicable law, including | ||||||
22 | this Act, and to apply them equally to all consumers and | ||||||
23 | individuals families served; | ||||||
24 | (k) report all violations of this Act and this Section | ||||||
25 | to the Department.
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26 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .)
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1 | (225 ILCS 411/20-5) | ||||||
2 | (Section scheduled to be repealed on January 1, 2027)
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3 | Sec. 20-5. Maintenance and records. | ||||||
4 | (a) A cemetery authority shall provide reasonable | ||||||
5 | maintenance of the cemetery property and of all lots, graves, | ||||||
6 | crypts, and columbariums in the cemetery based on the type and | ||||||
7 | size of the cemetery, topographic limitations, and contractual | ||||||
8 | commitments with consumers. Subject to the provisions of this | ||||||
9 | subsection (a), reasonable maintenance includes: | ||||||
10 | (1) the laying of seed, sod, or other suitable ground | ||||||
11 | cover as soon as practical following an interment given | ||||||
12 | the weather conditions, climate, and season and the | ||||||
13 | interment's proximity to ongoing burial activity; | ||||||
14 | (2) the cutting of lawn throughout the cemetery at | ||||||
15 | reasonable intervals to prevent an overgrowth of grass and | ||||||
16 | weeds given the weather conditions, climate, and season; | ||||||
17 | (3) the trimming of shrubs to prevent excessive | ||||||
18 | overgrowth; | ||||||
19 | (4) the trimming of trees to remove dead limbs; | ||||||
20 | (5) maintaining, repairing, or removing, if necessary, | ||||||
21 | drains, water lines, roads, buildings, fences, and other | ||||||
22 | structures; and | ||||||
23 | (6) keeping the cemetery premises free of trash and | ||||||
24 | debris. | ||||||
25 | In determining whether a cemetery authority provides |
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1 | reasonable maintenance of the cemetery property, the | ||||||
2 | Department shall consider: | ||||||
3 | (1) the cemetery authority's contractual obligations | ||||||
4 | for care and maintenance; | ||||||
5 | (2) the size of the cemetery; | ||||||
6 | (3) the extent and use of the cemetery authority's | ||||||
7 | financial resources; | ||||||
8 | (4) the standard of maintenance of one or more | ||||||
9 | similarly situated cemeteries; in determining whether a | ||||||
10 | cemetery is similarly situated, the Department shall | ||||||
11 | consider the cemetery's size, location, topography, and | ||||||
12 | financial resources, and whether the cemetery is a | ||||||
13 | fraternal cemetery, a religious cemetery, a public | ||||||
14 | cemetery, a cemetery owned and operated by a cemetery | ||||||
15 | association, or a licensed cemetery. | ||||||
16 | Reasonable maintenance by the cemetery authority shall not
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17 | preclude the exercise of lawful rights by the owner of an
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18 | interment, inurnment, or entombment right, or by the | ||||||
19 | decedent's
immediate family or other heirs, in accordance with | ||||||
20 | reasonable
rules and regulations of the cemetery or other | ||||||
21 | agreement of the
cemetery authority.
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22 | In the case of a cemetery dedicated as a nature preserve | ||||||
23 | under the Illinois Natural Areas Preservation Act, reasonable | ||||||
24 | maintenance by the cemetery authority shall be in accordance | ||||||
25 | with the rules and master plan governing the dedicated nature | ||||||
26 | preserve. |
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1 | A cemetery authority accused of violating the reasonable | ||||||
2 | maintenance standard set forth in this Section shall have a | ||||||
3 | reasonable opportunity to cure the violation. The cemetery | ||||||
4 | authority shall have 10 business days after receipt of notice | ||||||
5 | to cure the violation. If a cemetery authority cannot cure the | ||||||
6 | violation within 10 business days, then the cemetery authority | ||||||
7 | may request a time extension in order to cure the violation. | ||||||
8 | The request for an extension shall be made in writing to the | ||||||
9 | Department and must be postmarked within 10 business days | ||||||
10 | after receipt of the notice of the alleged violation. The | ||||||
11 | request shall outline all reasons for the extension and an | ||||||
12 | estimated date by which the cure will be accomplished. | ||||||
13 | Acceptable reasons include, without limitation, delays caused | ||||||
14 | by weather conditions, season or climate, equipment failures, | ||||||
15 | or acquisitions of materials or supplies being addressed by | ||||||
16 | the authority in a timely manner, and unexpected temporary | ||||||
17 | absences of personnel. The Department may approve or deny the | ||||||
18 | extension. If the extension is denied, then the cemetery | ||||||
19 | authority must cure the violation within 10 business days | ||||||
20 | after the date of receipt of the Department's extension | ||||||
21 | denial. If the extension is granted, then the cemetery | ||||||
22 | authority must cure the violation within the extended period | ||||||
23 | of time. A cemetery authority that does not cure the violation | ||||||
24 | within the appropriate period of time shall be subject to | ||||||
25 | discipline in accordance with Article 25 of this Act. | ||||||
26 | (b) A cemetery authority, before commencing cemetery |
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1 | operations or within 6 months after the effective date of this | ||||||
2 | Act, shall cause an overall map of its cemetery property, | ||||||
3 | delineating all lots or plots, blocks, sections, avenues, | ||||||
4 | walks, alleys, and paths and their respective designations, to | ||||||
5 | be filed at its on-site office, or if it does not maintain an | ||||||
6 | on-site office, at its principal place of business. The | ||||||
7 | cemetery authority shall update its map and index described in | ||||||
8 | subsection (b-5) within a reasonable time after any expansion | ||||||
9 | or alteration of the cemetery property. A cemetery manager's | ||||||
10 | certificate acknowledging, accepting, and adopting the map | ||||||
11 | shall also be included with the map. The Department may order | ||||||
12 | that the cemetery authority obtain a cemetery plat and that it | ||||||
13 | be filed at its on-site office, or if it does not maintain an | ||||||
14 | on-site office, at its principal place of business if (1) a | ||||||
15 | human body that should have been interred, entombed, or | ||||||
16 | inurned at the cemetery after the effective date of this | ||||||
17 | amendatory Act of the 97th General Assembly is missing, | ||||||
18 | displaced, or dismembered and (2) the cemetery map contains | ||||||
19 | serious discrepancies. | ||||||
20 | In exercising this discretion, the Department shall | ||||||
21 | consider whether the cemetery authority would experience an | ||||||
22 | undue hardship as a result of obtaining the plat. The cemetery | ||||||
23 | plat, as with all plats prepared under this Act, shall comply | ||||||
24 | with the Illinois Professional Land Surveyor Act of 1989 and | ||||||
25 | shall delineate, describe, and set forth all lots or plots, | ||||||
26 | blocks, sections, avenues, walks, alleys, and paths and their |
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1 | respective designations. A cemetery manager's certificate | ||||||
2 | acknowledging, accepting, and adopting the plat shall also be | ||||||
3 | included with the plat. | ||||||
4 | (b-5) A cemetery authority shall maintain an index that | ||||||
5 | associates the identity of deceased persons interred, | ||||||
6 | entombed, or inurned after the effective date of this Act with | ||||||
7 | their respective place of interment, entombment, or inurnment. | ||||||
8 | (c) The cemetery authority shall open the cemetery map or | ||||||
9 | plat to public inspection. The cemetery authority shall make | ||||||
10 | available a copy of the overall cemetery map or plat upon | ||||||
11 | written request and shall, if practical, provide a copy of a | ||||||
12 | segment of the cemetery plat where interment rights are | ||||||
13 | located upon the payment of reasonable photocopy fees. Any | ||||||
14 | unsold lots, plots, or parts thereof, in which there are not | ||||||
15 | human remains, may be resurveyed and altered in shape or size | ||||||
16 | and properly designated on the cemetery map or plat. However, | ||||||
17 | sold lots, plots, or parts thereof in which there are human | ||||||
18 | remains may not be renumbered or renamed. Nothing contained in | ||||||
19 | this subsection, however, shall prevent the cemetery authority | ||||||
20 | from enlarging an interment right by selling to its owner the | ||||||
21 | excess space next to the interment right and permitting | ||||||
22 | interments therein, provided reasonable access to the | ||||||
23 | interment right and to adjoining interment rights is not | ||||||
24 | thereby eliminated. | ||||||
25 | (d) A cemetery authority shall keep a record of every | ||||||
26 | interment, entombment, and inurnment completed after the |
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1 | effective date of this Act. The record shall include the | ||||||
2 | deceased's name, age, date of burial, and the specific | ||||||
3 | location of the interred, entombed, or inurned human remains. | ||||||
4 | The specific location shall correspond to the map or plat | ||||||
5 | maintained in accordance with subsection (b) of this Section. | ||||||
6 | (e) (Blank). | ||||||
7 | (f) A cemetery authority shall make publicly available for | ||||||
8 | inspection and, upon reasonable request and the payment of a | ||||||
9 | reasonable copying fee, provide a copy of its bylaws, rules | ||||||
10 | and regulations through continuous publication on an Internet | ||||||
11 | website or social media page, with a reference to and notice of | ||||||
12 | the bylaws, rules, and regulations set forth in every contract | ||||||
13 | or legal agreement with any person for services in relation to | ||||||
14 | the cemetery. If the cemetery authority does not operate or | ||||||
15 | maintain any website or social media page, then it shall | ||||||
16 | provide a copy of its bylaws, rules, and regulations to each | ||||||
17 | person either prior to or contemporaneous with the cemetery | ||||||
18 | authority's representative's presentment of any contract or | ||||||
19 | legal agreement for services in relation to the cemetery or | ||||||
20 | within 5 days of such a person's request. A cemetery authority | ||||||
21 | may charge a reasonable copying fee in exchange for a paper | ||||||
22 | copy of the cemetery authority's bylaws, rules, and | ||||||
23 | regulations . A cemetery authority shall make available for | ||||||
24 | viewing and provide a copy of its current prices of interment, | ||||||
25 | disinterment, inurnment, or entombment rights. | ||||||
26 | (g) A cemetery authority shall provide access to the |
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1 | cemetery under the cemetery authority's reasonable rules and | ||||||
2 | regulations. | ||||||
3 | (h) A cemetery authority shall be responsible for the | ||||||
4 | proper opening and closing of all graves, crypts, or niches | ||||||
5 | for human remains in any cemetery property it owns. | ||||||
6 | (i) A licensed cemetery authority shall keep in this State | ||||||
7 | and use in its business such records as will enable the | ||||||
8 | Department to determine whether such licensee or trustee is | ||||||
9 | complying with the provisions of this Act and with the rules, | ||||||
10 | regulations, and directions made by the Department under this | ||||||
11 | Act. The licensed cemetery authority shall keep the records in | ||||||
12 | electronic or written format at the location identified in the | ||||||
13 | license issued by the Department or as otherwise agreed by the | ||||||
14 | Department in writing. The books, accounts, and records shall | ||||||
15 | be accessible for review upon demand of the Department.
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16 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12 .)
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17 | Section 10. The Vital Records Act is amended by changing | ||||||
18 | Section 21 as follows:
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19 | (410 ILCS 535/21) (from Ch. 111 1/2, par. 73-21)
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20 | Sec. 21.
(1) The funeral director or person acting as such | ||||||
21 | who first
assumes custody of a dead body or fetus shall make a | ||||||
22 | written report to the
registrar of the district in which death | ||||||
23 | occurred or in which the body or
fetus was found within 24 | ||||||
24 | hours after taking custody of the body or fetus
on a form |
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1 | prescribed and furnished by the State Registrar and in | ||||||
2 | accordance
with the rules promulgated by the State Registrar. | ||||||
3 | Except as specified in
paragraph (2) of this Section, the | ||||||
4 | written report shall serve as a permit
to transport, bury, or | ||||||
5 | entomb the body or fetus within this State, provided
that the | ||||||
6 | funeral director or person acting as such shall certify that | ||||||
7 | the certifying health care professional who, within 12 months | ||||||
8 | prior to the date of the patient's death, was treating or | ||||||
9 | managing treatment of the patient's illness or condition
which | ||||||
10 | resulted in death has been contacted and has affirmatively | ||||||
11 | stated
that he or she will sign the medical certificate of | ||||||
12 | death or the fetal death
certificate. If a funeral director
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13 | fails to file written
reports under this Section in a timely | ||||||
14 | manner, the local registrar
may suspend the funeral director's | ||||||
15 | privilege of filing written
reports by mail.
In a county with a | ||||||
16 | population greater than 3,000,000, if a funeral director
or | ||||||
17 | person acting as such inters or entombs a dead body
without | ||||||
18 | having previously certified that the certifying health care | ||||||
19 | professional who, within 12 months prior to the date of the | ||||||
20 | patient's death, was treating or managing treatment of the
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21 | patient's illness or condition that resulted in death has been
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22 | contacted and has affirmatively stated that he or she will | ||||||
23 | sign the medical
certificate of death,
then that funeral
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24 | director or person acting as such
is responsible for payment | ||||||
25 | of the specific costs incurred by the county
medical examiner | ||||||
26 | in
disinterring and reinterring or reentombing
the dead body.
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1 | (2) The written report as specified in paragraph (1) of | ||||||
2 | this Section shall
not serve as a permit to:
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3 | (a) Remove body or fetus from this State;
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4 | (b) Cremate the body or fetus; or
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5 | (c) Make disposal of any body or fetus in any manner | ||||||
6 | when death is subject
to the coroner's or medical | ||||||
7 | examiner's investigation.
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8 | (3) In accordance with the provisions of paragraph (2) of | ||||||
9 | this Section
the funeral director or person acting as such who | ||||||
10 | first assumes custody
of a dead body or fetus shall obtain a | ||||||
11 | permit for disposition of such
dead human body prior to final | ||||||
12 | disposition or removal from the State of the
body or fetus. | ||||||
13 | Such permit shall be issued by the registrar of the
district | ||||||
14 | where death occurred or the body or fetus was found. No such
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15 | permit shall be issued until a properly completed certificate | ||||||
16 | of death has
been filed with the registrar. The registrar | ||||||
17 | shall insure the issuance of
a permit for disposition within | ||||||
18 | an expedited period of time to accommodate
Sunday or holiday | ||||||
19 | burials of decedents whose time of death and religious
tenets | ||||||
20 | or beliefs necessitate Sunday or holiday burials.
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21 | (4) A permit which accompanies a dead body or fetus | ||||||
22 | brought into this
State shall be authority for final | ||||||
23 | disposition of the body or fetus in this
State, except in | ||||||
24 | municipalities where local ordinance requires the issuance
of | ||||||
25 | a local permit prior to disposition.
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26 | (5) A permit for disposition of a dead human body shall be |
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1 | required
prior to disinterment of a dead body or fetus, and | ||||||
2 | when the disinterred
body is to be shipped by a common carrier. | ||||||
3 | Such permit shall be issued to
a licensed funeral director or | ||||||
4 | person acting as such, upon proper
application, by the local | ||||||
5 | registrar of the district in which disinterment
is to be made. | ||||||
6 | In the case of disinterment, proper application shall
include | ||||||
7 | a statement providing the name and address of any surviving | ||||||
8 | spouse
of the deceased, or, if none, any surviving children of | ||||||
9 | the deceased, or if
no surviving spouse or children, a parent, | ||||||
10 | brother, or sister of the
deceased. The
application shall | ||||||
11 | indicate whether the applicant is one of these parties
and, if | ||||||
12 | so, whether the applicant is a surviving spouse or a surviving
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13 | child. Prior to the issuance of a permit for disinterment, the
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14 | local registrar shall, by certified mail, notify the surviving | ||||||
15 | spouse,
unless he or she is the applicant, or if there is no | ||||||
16 | surviving spouse, all
surviving children except for the | ||||||
17 | applicant, of the application for the
permit. The person or | ||||||
18 | persons notified shall have 30 days from the mailing
of the | ||||||
19 | notice to object by obtaining an injunction enjoining the | ||||||
20 | issuance
of the permit. After the 30-day period has expired, | ||||||
21 | the local registrar
shall issue the permit unless he or she has | ||||||
22 | been enjoined from doing so or
there are other statutory | ||||||
23 | grounds for refusal. The notice to the spouse or
surviving | ||||||
24 | children shall inform the person or persons being notified of | ||||||
25 | the
right to seek an injunction within 30 days. If a court | ||||||
26 | finds that a party to a disinterment dispute has acted in bad |
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1 | faith, the court may, in its sole discretion, award costs, | ||||||
2 | including reasonable attorney's fees, against the person it | ||||||
3 | finds has acted in bad faith. | ||||||
4 | Notwithstanding any other
provision of this subsection | ||||||
5 | (5), a court may order issuance of a permit
for disinterment | ||||||
6 | without notice or prior to the expiration of the 30-day
period | ||||||
7 | where the petition is made by an agency of any governmental | ||||||
8 | unit and
good cause is shown for disinterment without notice | ||||||
9 | or for the early order.
Nothing in this subsection (5) limits | ||||||
10 | the authority of the City of Chicago to
acquire property or | ||||||
11 | otherwise exercise its powers under the O'Hare
Modernization | ||||||
12 | Act or requires that City,
or
any person acting on behalf of | ||||||
13 | that City, to obtain a permit under this
subsection (5) when | ||||||
14 | exercising powers under the O'Hare Modernization Act. The | ||||||
15 | Illinois Department of Transportation, and any person acting | ||||||
16 | on its behalf under a public-private agreement entered into in | ||||||
17 | accordance with the Public-Private Agreements for the South | ||||||
18 | Suburban Airport Act, is exempt from this subsection (5), | ||||||
19 | provided that the Illinois Department of Transportation, or | ||||||
20 | any such person, takes reasonable steps to comply with the | ||||||
21 | provisions of this subsection (5) so long as compliance does | ||||||
22 | not interfere with the design, development, operation, or | ||||||
23 | maintenance of the South Suburban Airport or the exercise of | ||||||
24 | their powers under the Public-Private Agreements for the South | ||||||
25 | Suburban Airport Act.
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26 | (Source: P.A. 102-257, eff. 1-1-22 .)
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1 | Section 15. The Disposition of Remains Act is amended by | ||||||
2 | changing Section 50 as follows:
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3 | (755 ILCS 65/50) | ||||||
4 | Sec. 50. Disputes. | ||||||
5 | (a) Any dispute among any of the persons listed in Section | ||||||
6 | 5 concerning their right to control the disposition, including | ||||||
7 | cremation, of a decedent's remains shall be resolved by a | ||||||
8 | court of competent jurisdiction within 30 days of the dispute | ||||||
9 | being filed with the court. A cemetery organization or funeral | ||||||
10 | establishment shall not be liable for refusing to accept the | ||||||
11 | decedent's remains, or to inter or otherwise dispose of the | ||||||
12 | decedent's remains, until it receives a court order or other | ||||||
13 | suitable confirmation that the dispute has been resolved or | ||||||
14 | settled.
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15 | (b) Any dispute over a disinterment shall be resolved by a | ||||||
16 | circuit court with all reasonable promptness by the court. If | ||||||
17 | the court finds that a party to a disinterment dispute has | ||||||
18 | acted in bad faith, the court may, in its sole discretion, | ||||||
19 | award costs, including reasonable attorney's fees, against the | ||||||
20 | person it finds has acted in bad faith. | ||||||
21 | (Source: P.A. 101-381, eff. 1-1-20 .)
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22 | Section 20. The Cemetery Protection Act is amended by | ||||||
23 | changing Section 2 as follows:
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1 | (765 ILCS 835/2) (from Ch. 21, par. 16)
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2 | Sec. 2. The cemetery authority is hereby
authorized to | ||||||
3 | make by-laws or rules and regulations for the government | ||||||
4 | thereof, and to make rules
regarding the driving of cars, | ||||||
5 | motorcycles, carriages, processions, teams, and the speed
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6 | thereof, the use of avenues, lots, walks, ponds, water | ||||||
7 | courses, vaults,
buildings, or other places within such | ||||||
8 | cemetery, the operations and good management in such cemetery, | ||||||
9 | the protection of visitors, the protection of employees, and | ||||||
10 | for the maintenance of
good order and quiet in such cemetery, | ||||||
11 | all such rules to be subject to the
rights of interment, | ||||||
12 | entombment, or inurnment , and disinterment right owners, or | ||||||
13 | others, owning any interest in such cemetery; and
all persons | ||||||
14 | found guilty of a violation of such rules shall be guilty of a
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15 | petty offense and shall be punished by a fine of not less than | ||||||
16 | $100, nor more
than $500 for each offense. No judge shall be | ||||||
17 | disqualified from hearing any
cause that may be brought before | ||||||
18 | him under the provisions of this Act, nor
shall any person be | ||||||
19 | disqualified from acting as a juror in such cause, by
reason of | ||||||
20 | any interest or ownership they or either of them may have in | ||||||
21 | the
interment, entombment, or inurnment rights of such | ||||||
22 | cemetery. The bylaws, rules, and regulations shall be made | ||||||
23 | publicly available through continuous publication on an | ||||||
24 | Internet website or social media page, with a reference to and | ||||||
25 | notice of the bylaws, rules, and regulations set forth in |
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1 | every contract or legal agreement with any person for services | ||||||
2 | in relation to the cemetery. If the cemetery authority does | ||||||
3 | not operate or maintain any website or social media page, then | ||||||
4 | it shall provide a copy of the bylaws, rules, and regulations | ||||||
5 | to each person either prior to or contemporaneous with the | ||||||
6 | cemetery authority's representative's presentment of any | ||||||
7 | contract or legal agreement for services in relation to the | ||||||
8 | cemetery or within 5 days of such a person's request. A | ||||||
9 | cemetery authority may charge a reasonable copying fee in | ||||||
10 | exchange for a paper copy of the cemetery authority's bylaws, | ||||||
11 | rules, and regulations.
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12 | (Source: P.A. 94-44, eff. 6-17-05.)
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