SB1733eng 102ND GENERAL ASSEMBLY

SB1733 Engrossed LRB102 13844 LNS 19195 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Cemetery Protection Act is amended by changing Section .01 and by adding Section 17 as follows:

(765 ILCS 835/.01) (from Ch. 21, par. 14.01)

Sec. .01. For the purposes of this Act, the term:

"Cemetery authority" means an individual or legal entity that owns or controls cemetery lands or property.

"Cemetery consumer" means the involved interment, entombment, or inurnment right owner or owners and their heirs.

"Community mausoleum" means a mausoleum owned and operated by a cemetery authority that contains multiple entombment rights sold to the public.

(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

(765 ILCS 835/17 new)

Sec. 17. Repairs to or replacement or removal of dilapidated or unsafe columbariums, niches, mausoleums, and private estates.

(a) Unless the contract with the cemetery otherwise provides, the involved cemetery consumer shall have the responsibility to repair, replace, or remove any dilapidated or unsafe columbarium, niche building, mausoleum, or private estate within the cemetery grounds. When the cemetery consumer fails to take prompt remedial action, the cemetery authority may, but shall not be required to, take action in accordance with this Section. Nothing in this Section shall make a cemetery financially or otherwise responsible for property damage that is the direct or indirect result of actions or neglect by a cemetery owner, an act of God, war, or vandalism, or aging or design of a columbarium, niche building, mausoleum, or private estate.

(b) If a cemetery authority becomes aware of a dilapidated or unsafe columbarium, niche building, mausoleum, or private estate within the cemetery grounds, and if the involved cemetery consumer has failed to take prompt remedial action, the cemetery, in accordance with this Section, may repair, replace, or remove the structure to prevent hazard to the public or to entombed, inurned, or cremated human remains. This Section does not apply to and may not be invoked in connection with any eminent domain, quick-take, or other condemnation proceeding that is designed to relocate a cemetery or portion thereof to another location.

(c) The cemetery, with reasonable promptness and without being required to obtain any permit, may remove the urns or caskets when necessary, and place them in a secure temporary area in order to allow for the repairs to or replacement or removal of the dilapidated or unsafe columbarium, niche building, mausoleum, or private estate. Upon completion of the work, the cemetery authority shall replace the urns or caskets in the new or repaired columbarium, niche building, mausoleum, or private estate, or in such new location as may be appropriate following removal of the columbarium, niche building, mausoleum, or private estate.

(d) When taking remedial action, the cemetery shall contact the listed next of kin in the cemetery records by e-mail or certified mail, at the last known address, with the following information:

(1) Description of the repairs, rebuilding, or removal that will take place or has taken place.

(2) Whether the temporary removal and replacement of the decedent's human remains was or will be necessary.

(3) Notification of whether it is the responsibility of the cemetery consumer to pay for such repairs, rebuilding, or removal.

(4) Notification that a record of the remedial actions taken shall be maintained in the permanent records of the cemetery.