Illinois General Assembly - Full Text of HB1571
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Full Text of HB1571  103rd General Assembly

HB1571ham001 103RD GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 3/21/2023

 

 


 

 


 
10300HB1571ham001LRB103 27276 AWJ 59633 a

1
AMENDMENT TO HOUSE BILL 1571

2    AMENDMENT NO. ______. Amend House Bill 1571 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the Michael
5Bauer Memorial Act.
 
6    Section 5. The Cemetery Oversight Act is amended by
7changing Sections 10-23 and 20-5 as follows:
 
8    (225 ILCS 411/10-23)
9    (Section scheduled to be repealed on January 1, 2027)
10    Sec. 10-23. Code of Professional Conduct and Ethics.
11Licensed cemetery authorities and their licensed cemetery
12managers and customer service employees, and cemetery
13authorities maintaining a partial exemption and their cemetery
14managers and customer service employees shall:
15        (a) refrain from committing any action that may

 

 

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1    violate Section 25-10 of this Act;
2        (b) be aware of applicable federal and State laws and
3    regulations, adhere to those laws and regulations, and be
4    able to explain them to families in an understandable
5    manner;
6        (c) treat all human remains with proper care and
7    dignity, honoring known religious, ethnic, and personal
8    beliefs;
9        (d) protect all confidential information;
10        (e) carry out all aspects of service in a competent
11    and respectful manner;
12        (f) fulfill all written and verbal agreements and
13    contracts;
14        (g) provide honest, factual, and complete information
15    regarding all aspects of the services offered and
16    provided;
17        (h) not engage in advertising that is false,
18    misleading, or otherwise prohibited by law;
19        (i) not discriminate against any person because of
20    race, creed, marital status, sex, national origin, sexual
21    orientation, or color, except a religious cemetery may
22    restrict its services to those of the same religious faith
23    or creed. A cemetery authority operating any cemetery may
24    designate parts of cemeteries or burial grounds for the
25    specific use of persons whose religious code requires
26    isolation;

 

 

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1        (j) to have clear and specific cemetery rules and
2    regulations, subject to other applicable law, including
3    this Act, and to apply them equally to all consumers and
4    individuals families served;
5        (k) report all violations of this Act and this Section
6    to the Department.
7(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
8    (225 ILCS 411/20-5)
9    (Section scheduled to be repealed on January 1, 2027)
10    Sec. 20-5. Maintenance and records.
11    (a) A cemetery authority shall provide reasonable
12maintenance of the cemetery property and of all lots, graves,
13crypts, and columbariums in the cemetery based on the type and
14size of the cemetery, topographic limitations, and contractual
15commitments with consumers. Subject to the provisions of this
16subsection (a), reasonable maintenance includes:
17        (1) the laying of seed, sod, or other suitable ground
18    cover as soon as practical following an interment given
19    the weather conditions, climate, and season and the
20    interment's proximity to ongoing burial activity;
21        (2) the cutting of lawn throughout the cemetery at
22    reasonable intervals to prevent an overgrowth of grass and
23    weeds given the weather conditions, climate, and season;
24        (3) the trimming of shrubs to prevent excessive
25    overgrowth;

 

 

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1        (4) the trimming of trees to remove dead limbs;
2        (5) maintaining, repairing, or removing, if necessary,
3    drains, water lines, roads, buildings, fences, and other
4    structures; and
5        (6) keeping the cemetery premises free of trash and
6    debris.
7    In determining whether a cemetery authority provides
8reasonable maintenance of the cemetery property, the
9Department shall consider:
10        (1) the cemetery authority's contractual obligations
11    for care and maintenance;
12        (2) the size of the cemetery;
13        (3) the extent and use of the cemetery authority's
14    financial resources;
15        (4) the standard of maintenance of one or more
16    similarly situated cemeteries; in determining whether a
17    cemetery is similarly situated, the Department shall
18    consider the cemetery's size, location, topography, and
19    financial resources, and whether the cemetery is a
20    fraternal cemetery, a religious cemetery, a public
21    cemetery, a cemetery owned and operated by a cemetery
22    association, or a licensed cemetery.
23    Reasonable maintenance by the cemetery authority shall not
24preclude the exercise of lawful rights by the owner of an
25interment, inurnment, or entombment right, or by the
26decedent's immediate family or other heirs, in accordance with

 

 

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1reasonable rules and regulations of the cemetery or other
2agreement of the cemetery authority.
3    In the case of a cemetery dedicated as a nature preserve
4under the Illinois Natural Areas Preservation Act, reasonable
5maintenance by the cemetery authority shall be in accordance
6with the rules and master plan governing the dedicated nature
7preserve.
8    A cemetery authority accused of violating the reasonable
9maintenance standard set forth in this Section shall have a
10reasonable opportunity to cure the violation. The cemetery
11authority shall have 10 business days after receipt of notice
12to cure the violation. If a cemetery authority cannot cure the
13violation within 10 business days, then the cemetery authority
14may request a time extension in order to cure the violation.
15The request for an extension shall be made in writing to the
16Department and must be postmarked within 10 business days
17after receipt of the notice of the alleged violation. The
18request shall outline all reasons for the extension and an
19estimated date by which the cure will be accomplished.
20Acceptable reasons include, without limitation, delays caused
21by weather conditions, season or climate, equipment failures,
22or acquisitions of materials or supplies being addressed by
23the authority in a timely manner, and unexpected temporary
24absences of personnel. The Department may approve or deny the
25extension. If the extension is denied, then the cemetery
26authority must cure the violation within 10 business days

 

 

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1after the date of receipt of the Department's extension
2denial. If the extension is granted, then the cemetery
3authority must cure the violation within the extended period
4of time. A cemetery authority that does not cure the violation
5within the appropriate period of time shall be subject to
6discipline in accordance with Article 25 of this Act.
7    (b) A cemetery authority, before commencing cemetery
8operations or within 6 months after the effective date of this
9Act, shall cause an overall map of its cemetery property,
10delineating all lots or plots, blocks, sections, avenues,
11walks, alleys, and paths and their respective designations, to
12be filed at its on-site office, or if it does not maintain an
13on-site office, at its principal place of business. The
14cemetery authority shall update its map and index described in
15subsection (b-5) within a reasonable time after any expansion
16or alteration of the cemetery property. A cemetery manager's
17certificate acknowledging, accepting, and adopting the map
18shall also be included with the map. The Department may order
19that the cemetery authority obtain a cemetery plat and that it
20be filed at its on-site office, or if it does not maintain an
21on-site office, at its principal place of business if (1) a
22human body that should have been interred, entombed, or
23inurned at the cemetery after the effective date of this
24amendatory Act of the 97th General Assembly is missing,
25displaced, or dismembered and (2) the cemetery map contains
26serious discrepancies.

 

 

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1    In exercising this discretion, the Department shall
2consider whether the cemetery authority would experience an
3undue hardship as a result of obtaining the plat. The cemetery
4plat, as with all plats prepared under this Act, shall comply
5with the Illinois Professional Land Surveyor Act of 1989 and
6shall delineate, describe, and set forth all lots or plots,
7blocks, sections, avenues, walks, alleys, and paths and their
8respective designations. A cemetery manager's certificate
9acknowledging, accepting, and adopting the plat shall also be
10included with the plat.
11    (b-5) A cemetery authority shall maintain an index that
12associates the identity of deceased persons interred,
13entombed, or inurned after the effective date of this Act with
14their respective place of interment, entombment, or inurnment.
15    (c) The cemetery authority shall open the cemetery map or
16plat to public inspection. The cemetery authority shall make
17available a copy of the overall cemetery map or plat upon
18written request and shall, if practical, provide a copy of a
19segment of the cemetery plat where interment rights are
20located upon the payment of reasonable photocopy fees. Any
21unsold lots, plots, or parts thereof, in which there are not
22human remains, may be resurveyed and altered in shape or size
23and properly designated on the cemetery map or plat. However,
24sold lots, plots, or parts thereof in which there are human
25remains may not be renumbered or renamed. Nothing contained in
26this subsection, however, shall prevent the cemetery authority

 

 

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1from enlarging an interment right by selling to its owner the
2excess space next to the interment right and permitting
3interments therein, provided reasonable access to the
4interment right and to adjoining interment rights is not
5thereby eliminated.
6    (d) A cemetery authority shall keep a record of every
7interment, entombment, and inurnment completed after the
8effective date of this Act. The record shall include the
9deceased's name, age, date of burial, and the specific
10location of the interred, entombed, or inurned human remains.
11The specific location shall correspond to the map or plat
12maintained in accordance with subsection (b) of this Section.
13    (e) (Blank).
14    (f) A cemetery authority shall make publicly available for
15inspection and, upon reasonable request and the payment of a
16reasonable copying fee, provide a copy of its bylaws, rules
17and regulations through continuous publication on an Internet
18website or social media page, with a reference to and notice of
19the bylaws, rules, and regulations set forth in every contract
20or legal agreement with any person for services in relation to
21the cemetery. If the cemetery authority does not operate or
22maintain any website or social media page, then it shall
23provide a copy of its bylaws, rules, and regulations to each
24person either prior to or contemporaneous with the cemetery
25authority's representative's presentment of any contract or
26legal agreement for services in relation to the cemetery or

 

 

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1within 5 days of such a person's request. A cemetery authority
2may charge a reasonable copying fee in exchange for a paper
3copy of the cemetery authority's bylaws, rules, and
4regulations. A cemetery authority shall make available for
5viewing and provide a copy of its current prices of interment,
6disinterment, inurnment, or entombment rights.
7    (g) A cemetery authority shall provide access to the
8cemetery under the cemetery authority's reasonable rules and
9regulations.
10    (h) A cemetery authority shall be responsible for the
11proper opening and closing of all graves, crypts, or niches
12for human remains in any cemetery property it owns.
13    (i) A licensed cemetery authority shall keep in this State
14and use in its business such records as will enable the
15Department to determine whether such licensee or trustee is
16complying with the provisions of this Act and with the rules,
17regulations, and directions made by the Department under this
18Act. The licensed cemetery authority shall keep the records in
19electronic or written format at the location identified in the
20license issued by the Department or as otherwise agreed by the
21Department in writing. The books, accounts, and records shall
22be accessible for review upon demand of the Department.
23(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
24    Section 10. The Vital Records Act is amended by changing
25Section 21 as follows:
 

 

 

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1    (410 ILCS 535/21)  (from Ch. 111 1/2, par. 73-21)
2    Sec. 21. (1) The funeral director or person acting as such
3who first assumes custody of a dead body or fetus shall make a
4written report to the registrar of the district in which death
5occurred or in which the body or fetus was found within 24
6hours after taking custody of the body or fetus on a form
7prescribed and furnished by the State Registrar and in
8accordance with the rules promulgated by the State Registrar.
9Except as specified in paragraph (2) of this Section, the
10written report shall serve as a permit to transport, bury, or
11entomb the body or fetus within this State, provided that the
12funeral director or person acting as such shall certify that
13the certifying health care professional who, within 12 months
14prior to the date of the patient's death, was treating or
15managing treatment of the patient's illness or condition which
16resulted in death has been contacted and has affirmatively
17stated that he or she will sign the medical certificate of
18death or the fetal death certificate. If a funeral director
19fails to file written reports under this Section in a timely
20manner, the local registrar may suspend the funeral director's
21privilege of filing written reports by mail. In a county with a
22population greater than 3,000,000, if a funeral director or
23person acting as such inters or entombs a dead body without
24having previously certified that the certifying health care
25professional who, within 12 months prior to the date of the

 

 

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1patient's death, was treating or managing treatment of the
2patient's illness or condition that resulted in death has been
3contacted and has affirmatively stated that he or she will
4sign the medical certificate of death, then that funeral
5director or person acting as such is responsible for payment
6of the specific costs incurred by the county medical examiner
7in disinterring and reinterring or reentombing the dead body.
8    (2) The written report as specified in paragraph (1) of
9this Section shall not serve as a permit to:
10        (a) Remove body or fetus from this State;
11        (b) Cremate the body or fetus; or
12        (c) Make disposal of any body or fetus in any manner
13    when death is subject to the coroner's or medical
14    examiner's investigation.
15    (3) In accordance with the provisions of paragraph (2) of
16this Section the funeral director or person acting as such who
17first assumes custody of a dead body or fetus shall obtain a
18permit for disposition of such dead human body prior to final
19disposition or removal from the State of the body or fetus.
20Such permit shall be issued by the registrar of the district
21where death occurred or the body or fetus was found. No such
22permit shall be issued until a properly completed certificate
23of death has been filed with the registrar. The registrar
24shall insure the issuance of a permit for disposition within
25an expedited period of time to accommodate Sunday or holiday
26burials of decedents whose time of death and religious tenets

 

 

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1or beliefs necessitate Sunday or holiday burials.
2    (4) A permit which accompanies a dead body or fetus
3brought into this State shall be authority for final
4disposition of the body or fetus in this State, except in
5municipalities where local ordinance requires the issuance of
6a local permit prior to disposition.
7    (5) A permit for disposition of a dead human body shall be
8required prior to disinterment of a dead body or fetus, and
9when the disinterred body is to be shipped by a common carrier.
10Such permit shall be issued to a licensed funeral director or
11person acting as such, upon proper application, by the local
12registrar of the district in which disinterment is to be made.
13In the case of disinterment, proper application shall include
14a statement providing the name and address of any surviving
15spouse of the deceased, or, if none, any surviving children of
16the deceased, or if no surviving spouse or children, a parent,
17brother, or sister of the deceased. The application shall
18indicate whether the applicant is one of these parties and, if
19so, whether the applicant is a surviving spouse or a surviving
20child. Prior to the issuance of a permit for disinterment, the
21local registrar shall, by certified mail, notify the surviving
22spouse, unless he or she is the applicant, or if there is no
23surviving spouse, all surviving children except for the
24applicant, of the application for the permit. The person or
25persons notified shall have 30 days from the mailing of the
26notice to object by obtaining an injunction enjoining the

 

 

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1issuance of the permit. After the 30-day period has expired,
2the local registrar shall issue the permit unless he or she has
3been enjoined from doing so or there are other statutory
4grounds for refusal. The notice to the spouse or surviving
5children shall inform the person or persons being notified of
6the right to seek an injunction within 30 days. If a court
7finds that a party to a disinterment dispute has acted in bad
8faith, the court may, in its sole discretion, award costs,
9including reasonable attorney's fees, against the person it
10finds has acted in bad faith.
11    Notwithstanding any other provision of this subsection
12(5), a court may order issuance of a permit for disinterment
13without notice or prior to the expiration of the 30-day period
14where the petition is made by an agency of any governmental
15unit and good cause is shown for disinterment without notice
16or for the early order. Nothing in this subsection (5) limits
17the authority of the City of Chicago to acquire property or
18otherwise exercise its powers under the O'Hare Modernization
19Act or requires that City, or any person acting on behalf of
20that City, to obtain a permit under this subsection (5) when
21exercising powers under the O'Hare Modernization Act. The
22Illinois Department of Transportation, and any person acting
23on its behalf under a public-private agreement entered into in
24accordance with the Public-Private Agreements for the South
25Suburban Airport Act, is exempt from this subsection (5),
26provided that the Illinois Department of Transportation, or

 

 

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1any such person, takes reasonable steps to comply with the
2provisions of this subsection (5) so long as compliance does
3not interfere with the design, development, operation, or
4maintenance of the South Suburban Airport or the exercise of
5their powers under the Public-Private Agreements for the South
6Suburban Airport Act.
7(Source: P.A. 102-257, eff. 1-1-22.)
 
8    Section 15. The Disposition of Remains Act is amended by
9changing Section 50 as follows:
 
10    (755 ILCS 65/50)
11    Sec. 50. Disputes.
12    (a) Any dispute among any of the persons listed in Section
135 concerning their right to control the disposition, including
14cremation, of a decedent's remains shall be resolved by a
15court of competent jurisdiction within 30 days of the dispute
16being filed with the court. A cemetery organization or funeral
17establishment shall not be liable for refusing to accept the
18decedent's remains, or to inter or otherwise dispose of the
19decedent's remains, until it receives a court order or other
20suitable confirmation that the dispute has been resolved or
21settled.
22    (b) Any dispute over a disinterment shall be resolved by a
23circuit court with all reasonable promptness by the court. If
24the court finds that a party to a disinterment dispute has

 

 

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1acted in bad faith, the court may, in its sole discretion,
2award costs, including reasonable attorney's fees, against the
3person it finds has acted in bad faith.
4(Source: P.A. 101-381, eff. 1-1-20.)
 
5    Section 20. The Cemetery Protection Act is amended by
6changing Section 2 as follows:
 
7    (765 ILCS 835/2)  (from Ch. 21, par. 16)
8    Sec. 2. The cemetery authority is hereby authorized to
9make by-laws or rules and regulations for the government
10thereof, and to make rules regarding the driving of cars,
11motorcycles, carriages, processions, teams, and the speed
12thereof, the use of avenues, lots, walks, ponds, water
13courses, vaults, buildings, or other places within such
14cemetery, the operations and good management in such cemetery,
15the protection of visitors, the protection of employees, and
16for the maintenance of good order and quiet in such cemetery,
17all such rules to be subject to the rights of interment,
18entombment, or inurnment, and disinterment right owners, or
19others, owning any interest in such cemetery; and all persons
20found guilty of a violation of such rules shall be guilty of a
21petty offense and shall be punished by a fine of not less than
22$100, nor more than $500 for each offense. No judge shall be
23disqualified from hearing any cause that may be brought before
24him under the provisions of this Act, nor shall any person be

 

 

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1disqualified from acting as a juror in such cause, by reason of
2any interest or ownership they or either of them may have in
3the interment, entombment, or inurnment rights of such
4cemetery. The bylaws, rules, and regulations shall be made
5publicly available through continuous publication on an
6Internet website or social media page, with a reference to and
7notice of the bylaws, rules, and regulations set forth in
8every contract or legal agreement with any person for services
9in relation to the cemetery. If the cemetery authority does
10not operate or maintain any website or social media page, then
11it shall provide a copy of the bylaws, rules, and regulations
12to each person either prior to or contemporaneous with the
13cemetery authority's representative's presentment of any
14contract or legal agreement for services in relation to the
15cemetery or within 5 days of such a person's request. A
16cemetery authority may charge a reasonable copying fee in
17exchange for a paper copy of the cemetery authority's bylaws,
18rules, and regulations.
19(Source: P.A. 94-44, eff. 6-17-05.)".