SB1050sam001 98TH GENERAL ASSEMBLY

Sen. Emil Jones, III

Filed: 4/3/2014

09800SB1050sam001 LRB098 07178 HEP 58151 a

AMENDMENT TO SENATE BILL 1050

AMENDMENT NO. ______. Amend Senate Bill 1050 by replacing everything after the enacting clause with the following:

"Section 5. The Disposition of Remains Act is amended by changing Section 45 as follows:

(755 ILCS 65/45)

Sec. 45. Liability.

(a) There shall be no liability for a cemetery organization, a business operating a crematory or columbarium or both, a funeral director or an embalmer, or a funeral establishment that carries out the written directions of a decedent or the directions of any person who represents that the person is entitled to control the disposition of the decedent's remains. Nothing herein shall be intended or construed to reduce or eliminate liability for the gross negligence or willful acts of any cemetery organization, business operating a crematory or columbarium or both, funeral director or embalmer, or funeral establishment.

(b) Notwithstanding any other provision of this Act, if there is no written direction concerning the disposition of a decedent's remains pursuant to Sections 10 and 15 of this Act, a cemetery organization, business operating a crematory or columbarium or both, funeral director or embalmer, or funeral establishment, before carrying out the directions of any person who represents himself or herself as being entitled to control the disposition of the decedent's remains, shall require that person to furnish an affidavit signed by the person before a notary public, stating under oath or affirmation that the person is entitled to control the disposition of the decedent's remains. The affidavit shall also be signed by 2 witnesses related to the decedent. Upon receiving the affidavit, the cemetery organization, business operating a crematory or columbarium or both, funeral director or embalmer, or funeral establishment shall make a good faith effort to verify that the person who represents himself or herself as being entitled to control the disposition of the decedent's remains is in fact entitled to control the disposition of the decedent's remains. A cemetery organization, business operating a crematory or columbarium or both, funeral director or embalmer, or funeral establishment that does not require an affidavit under this subsection or does not retain the affidavit for a period of no less than 3 years is liable for damages in an action which may be brought in the circuit court of the county in which the place of business is established.

(Source: P.A. 94-561, eff. 1-1-06.)".