093_HB2572sam001 LRB093 04098 LCB 16222 a 1 AMENDMENT TO HOUSE BILL 2572 2 AMENDMENT NO. . Amend House Bill 2572 on page 1, 3 line 5, after "Section 16", by inserting "and by adding 4 Section 14.5"; and 5 on page 1, after line 5, by inserting the following: 6 "(765 ILCS 835/14.5 new) 7 Sec. 14.5. Correction of encroachment on interment, 8 entombment, or inurnment rights. 9 (a) Whenever a cemetery becomes aware that there is an 10 encroachment on or in the lawful interment, inurnment, or 11 entombment rights of another, and when the cemetery buried or 12 placed or permitted the burial or placement of the 13 encroaching item in or on these rights, the cemetery may 14 correct the encroachment in accordance with this Section. 15 This Section shall not apply to, or be utilized in connection 16 with, any eminent domain, quick-take, or other condemnation 17 proceeding that is designed to relocate a cemetery or portion 18 thereof to another location. 19 (b) When the encroaching item is a marker, monument or 20 memorial that should be placed on or in another interment, 21 inurnment, or entombment right located within the cemetery, 22 or when the item is the foundation or base for any of the -2- LRB093 04098 LCB 16222 a 1 foregoing, the cemetery may with reasonable promptness, and 2 without being required to obtain any permit, relocate the 3 item to its proper place. Notice of the corrective action 4 shall be given no later than 30 days following the correction 5 in accordance with subsection (d) of this Section. 6 (c) When the encroaching item is a vault, casket, urn, 7 outer burial container, or human remains that should be 8 placed in or on another interment, inurnment, or entombment 9 right located within the cemetery, the cemetery may with 10 reasonable promptness, and without being required to obtain 11 any permit, relocate the item to its proper place. Except as 12 otherwise provided in this subsection, notice of the 13 corrective action shall be given no later than 30 days prior 14 to the correction in accordance with subsection (d) of this 15 Section. When the involved encroachment would, if uncorrected 16 within 30 days, interfere with a scheduled interment, 17 inurnment, or entombment, then the notice shall be given in 18 accordance with subsection (d) of this Section with as much 19 advance notice as reasonably possible or, if advance notice 20 is not reasonably possible, no later than 30 days following 21 the correction. In the event the correction is to occur in a 22 religious cemetery that, for religious reasons, maintains 23 rules that preclude advance notice of corrections, the notice 24 shall occur no later than 30 days following the correction. 25 (d) Notice under this Section shall be by certified mail 26 or other delivery method that has a confirmation procedure, 27 in 12-point type, to the owner of any affected interment, 28 inurnment, or entombment right or, when the owner is 29 deceased, to the surviving spouse of the deceased, or if 30 none, any surviving children of the deceased, or if no 31 surviving spouse or children, a parent, brother, or sister of 32 the deceased, or, if failing all of the above, any other 33 listed heir of the deceased in the cemetery records. In 34 providing notice, the cemetery authority shall exercise due -3- LRB093 04098 LCB 16222 a 1 diligence to engage in a reasonable search of available 2 funeral home of record or cemetery records to obtain the 3 current address of the party to be notified. The notice shall 4 provide a clear statement of the correction taken or to be 5 taken, together with the reasons for the correction, and 6 shall outline a simple process for the notified person to 7 obtain additional information regarding the correction from 8 the cemetery. When advance notice is required, the notice 9 shall inform the notified party of his or her right to be 10 present for any reinterment, reinurnment, or reentombment, as 11 well as his or her option to object by obtaining an 12 injunction enjoining the contemplated correction. The 13 cemetery shall maintain for no less than 5 years a record of 14 any notice provided under this Section. 15 (e) Nothing in this Section shall make a cemetery 16 financially responsible for the correction of encroachments 17 that are directly or indirectly caused by the owner of an 18 interment, inurnment, or entombment right or by his or her 19 heirs or by an act of God, war, or vandalism. The cemetery 20 shall be financially responsible for the correction of all 21 other encroachments covered by this Section. 22 (f) Nothing in this Section shall be construed to limit 23 the liability of any party.".