Bill Status of HB 1571   103rd General Assembly

Short Description:  CEMETERIES-DISINTERMENT

House Sponsors
Rep. Kelly M. Cassidy-Robyn Gabel, Michelle Mussman, Kevin John Olickal, Terra Costa Howard, Barbara Hernandez, Dagmara Avelar, Hoan Huynh, Abdelnasser Rashid, Lindsey LaPointe, Margaret Croke, Kam Buckner and Theresa Mah

Senate Sponsors
(Sen. Sara Feigenholtz)


Last Action  View All Actions

DateChamber Action
  8/4/2023HousePublic Act . . . . . . . . . 103-0421

Statutes Amended In Order of Appearance
410 ILCS 535/21from Ch. 111 1/2, par. 73-21
755 ILCS 65/5
755 ILCS 65/50
765 ILCS 835/2from Ch. 21, par. 16

Synopsis As Introduced
Amends the Vital Records Act. Provides that an injunction enjoining the issuance of a permit to disinter human remains shall issue only when the person seeking the injunction has rights superior to the person seeking the permit to disinter. Provides that if a person seeking an injunction does not have rights superior to the person seeking the permit to disinter, a court of competent jurisdiction may award costs to the person seeking the permit to disinter, if the court makes a finding that the action seeking the injunction was brought in bad faith. Amends the Disposition of Remains Act. Provides that if a court finds that a person has filed or opposed an action relating to the person's right to control disposition, the court may award costs against the person it finds has acted in bad faith. Amends the Cemetery Protection Act. Provides that any bylaws, rules, and regulations made by the cemetery authority for the government thereof are effective if made publicly available through continuous publication on the cemetery authority's website or on the cemetery authority's social media page. Requires a cemetery authority that does not maintain a website or social media page to provide a copy of the bylaws, rules, and regulations to each person prior to or contemporaneous with the cemetery authority's presentment of any contract or legal agreement for services in relation to the cemetery. Provides that the amendatory Act may be referred to as the Michael Bauer Memorial Act.

House Floor Amendment No. 1
Deletes reference to:
755 ILCS 65/5
Adds reference to:
225 ILCS 411/10-23
225 ILCS 411/20-5

Replaces everything after the enacting clause. Provides that the amendatory Act may be referred to as the Michael Bauer Memorial Act. Amends the Cemetery Oversight Act. In the Code of Professional Conduct and Ethics, provides that licensed cemetery authorities shall have clear and specific cemetery rules and regulations and apply them equally to all consumers and individuals served (rather than families served). Provides that a cemetery authority shall make publicly available (rather than available for inspection and, upon reasonable request and the payment of a reasonable copying fee, provide) a copy of its bylaws, rules, and regulations (rather than rules and regulations) through continuous publication on an Internet website or social media page or, if it does not have a website or social media page, provide a copy to each person either prior to or contemporaneous with the cemetery authority's or its representative's presentment of any contract or legal agreement for services in relation to the cemetery or within 5 days of such a person's request. Provides that a cemetery authority shall make available for viewing and provide a copy of its current prices of disinterment. Amends the Vital Records Act. Provides that, if a court finds that a party to a disinterment dispute has acted in bad faith, the court may, in its sole discretion, award costs, including reasonable attorney's fees, against the person it finds has acted in bad faith. Makes conforming changes in the Disposition of Remains Act and the Cemetery Protection Act.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Removes references to the terms "bylaws" and "by-laws".

Senate Committee Amendment No. 2
Deletes reference to:
410 ILCS 535/21

Replaces everything after the enacting clause. 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.

Actions 
DateChamber Action
  1/30/2023HouseFiled with the Clerk by Rep. Kelly M. Cassidy
  1/31/2023HouseFirst Reading
  1/31/2023HouseReferred to Rules Committee
  2/7/2023HouseAssigned to Judiciary - Civil Committee
  2/8/2023HouseAdded Co-Sponsor Rep. Michelle Mussman
  2/8/2023HouseAdded Co-Sponsor Rep. Kevin John Olickal
  2/8/2023HouseAdded Co-Sponsor Rep. Terra Costa Howard
  2/8/2023HouseAdded Co-Sponsor Rep. Barbara Hernandez
  2/8/2023HouseAdded Co-Sponsor Rep. Dagmara Avelar
  2/8/2023HouseAdded Co-Sponsor Rep. Hoan Huynh
  3/6/2023HouseAdded Chief Co-Sponsor Rep. Robyn Gabel
  3/6/2023HouseChief Co-Sponsor Changed to Rep. Robyn Gabel
  3/6/2023HouseAdded Co-Sponsor Rep. Abdelnasser Rashid
  3/6/2023HouseAdded Co-Sponsor Rep. Lindsey LaPointe
  3/6/2023HouseAdded Co-Sponsor Rep. Margaret Croke
  3/6/2023HouseAdded Co-Sponsor Rep. Kam Buckner
  3/9/2023HouseDo Pass / Short Debate Judiciary - Civil Committee; 010-005-000
  3/9/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/20/2023HouseAdded Co-Sponsor Rep. Theresa Mah
  3/21/2023HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy
  3/21/2023HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/22/2023HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  3/22/2023HouseSecond Reading - Short Debate
  3/22/2023HouseHeld on Calendar Order of Second Reading - Short Debate
  3/23/2023HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 010-005-000
  3/24/2023HouseHouse Floor Amendment No. 1 Adopted
  3/24/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2023HouseThird Reading - Short Debate - Passed 071-037-000
  3/27/2023SenateArrive in Senate
  3/27/2023SenatePlaced on Calendar Order of First Reading
  3/27/2023SenateChief Senate Sponsor Sen. Sara Feigenholtz
  3/27/2023SenateFirst Reading
  3/27/2023SenateReferred to Assignments
  4/12/2023SenateAssigned to Judiciary
  4/13/2023SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Sara Feigenholtz
  4/13/2023SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/18/2023SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  4/19/2023SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  4/19/2023SenatePostponed - Judiciary
  4/21/2023SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Sara Feigenholtz
  4/21/2023SenateSenate Committee Amendment No. 2 Referred to Assignments
  4/25/2023SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
  4/25/2023SenateSenate Committee Amendment No. 1 Adopted; Judiciary
  4/26/2023SenateSenate Committee Amendment No. 2 Adopted; Judiciary
  4/26/2023SenateDo Pass as Amended Judiciary; 008-000-000
  4/26/2023SenatePlaced on Calendar Order of 2nd Reading April 27, 2023
  5/3/2023SenateSecond Reading
  5/3/2023SenatePlaced on Calendar Order of 3rd Reading May 4, 2023
  5/4/2023SenateThird Reading - Passed; 051-002-000
  5/8/2023HouseArrived in House
  5/8/2023HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/9/2023HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Kelly M. Cassidy
  5/9/2023HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Kelly M. Cassidy
  5/9/2023HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/9/2023HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/15/2023HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000
  5/15/2023HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000
  5/17/2023HouseSenate Committee Amendment No. 1 House Concurs 109-000-000
  5/17/2023HouseSenate Committee Amendment No. 2 House Concurs 109-000-000
  5/17/2023HouseHouse Concurs
  5/17/2023HousePassed Both Houses
  6/15/2023HouseSent to the Governor
  8/4/2023HouseGovernor Approved
  8/4/2023HouseEffective Date January 1, 2024
  8/4/2023HousePublic Act . . . . . . . . . 103-0421

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