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Public Act 093-0772
Public Act 0772 93RD GENERAL ASSEMBLY
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Public Act 093-0772
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| HB2572 Enrolled |
LRB093 04098 LCB 04138 b |
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| AN ACT in relation to property.
| 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 16 and by adding Section 14.5 as
follows:
| (765 ILCS 835/14.5 new)
| Sec. 14.5. Correction of encroachment on interment, | entombment, or
inurnment rights.
| (a) Whenever a cemetery becomes aware that there is an
| encroachment on or in the lawful interment, inurnment, or | entombment
rights of another, and when the cemetery buried or | placed or permitted the
burial or placement of the encroaching | item in or on these rights, the
cemetery may correct the | encroachment in accordance with this Section.
This Section | shall not apply to, or be utilized 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.
| (b) When the encroaching item is a marker, monument or | memorial
that should be placed on or in another interment,
| inurnment, or entombment right located within the cemetery, or | when the
item is the foundation or base for any of the | foregoing, the cemetery may
with reasonable promptness, and | without being required to obtain any
permit, relocate the item | to its proper place. Notice of the corrective action
shall be | given no later than 30 days following the correction in | accordance
with subsection (d) of this Section.
| (c) When the encroaching item is a vault, casket, urn, | outer burial
container,
or human remains that should be placed | in or on another interment,
inurnment, or entombment right | located within the cemetery, the cemetery
may with reasonable | promptness, and without being required to obtain any
permit, |
| relocate the item to its proper place. Except as otherwise | provided in
this subsection, notice of the corrective action | shall be given no later than
30
days prior to the correction in | accordance with subsection (d) of this Section.
When the | involved encroachment would, if uncorrected within 30 days,
| interfere with a scheduled interment, inurnment, or | entombment, then the
notice shall be given in accordance with | subsection (d) of this Section with as
much advance notice as | reasonably possible or, if advance notice is not
reasonably | possible, no later than 30 days following the correction. In | the
event the correction is to occur in a religious cemetery | that, for religious
reasons, maintains rules that preclude | advance notice of corrections, the
notice shall occur no later | than 30 days following the correction.
| (d) Notice under this Section shall be by certified mail or | other
delivery method that has a confirmation procedure, in | 12-point type, to the
owner of any affected interment, | inurnment, or entombment right or, when
the owner is deceased, | to the surviving spouse of the deceased, or if none,
any | surviving children of the deceased, or if no surviving spouse | or children,
a parent, brother, or sister of the deceased, or, | if failing all of the above,
any
other listed heir of the | deceased in the cemetery records. In providing
notice, the | cemetery authority shall exercise due diligence to engage in a
| reasonable search of available funeral home of record or | cemetery records to
obtain the current address of the party to | be notified. The notice shall
provide a clear statement of the | correction taken or to be taken,
together with the reasons for | the correction, and shall outline a simple
process for the | notified person to obtain additional information regarding the
| correction from the cemetery. When advance notice is required, | the notice
shall inform the notified party of his or her right | to be present for any
reinterment, reinurnment, or | reentombment, as well as his or her option to
object by | obtaining an injunction enjoining the contemplated correction.
| The cemetery shall maintain for no less than 5 years a record |
| of any notice
provided under this Section.
| (e) Nothing in this Section shall make a cemetery | financially
responsible for the correction of encroachments | that are directly or indirectly
caused by the owner of an | interment, inurnment, or entombment right or by
his or her | heirs or by an act of God, war, or vandalism. The cemetery | shall
be financially responsible for the correction of all | other encroachments
covered by this Section.
| (f) Nothing in this Section shall be construed to limit the | liability of
any party.
| (765 ILCS 835/16)
| Sec. 16. When a multiple interment right owner becomes | deceased, the
ownership of any
unused rights of interment shall | pass in accordance with the specific bequest
in the decedent's | will. If there is no will or specific bequest then the
| ownership and use
of the unused rights of interment shall be | determined by a cemetery authority
in
accordance with the | information set out on a standard affidavit for cemetery
| interment rights use form if such a form has been prepared. The | unused right
of interment shall be
used for the interment of | the first
deceased heir listed on the standard affidavit and | continue in sequence until
all listed heirs are deceased. In | the event that an interment right is not
used,
the interment | right shall pass to the heirs of the heirs of the deceased
| interment right owner in perpetuity. This shall not preclude | the ability of
the heirs to sell said interment rights, in the | event that all listed living
heirs are in agreement. If the | standard affidavit for cemetery interment
rights use, showing | heirship of decedent
interment right owner's living heirs is | provided to and followed by a cemetery
authority, the
cemetery | authority shall be released of any liability in relying on that
| affidavit.
| The following is the form of the standard affidavit:
| STATE OF ILLINOIS )
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| ) SS
| COUNTY OF ....................)
| AFFIDAVIT FOR CEMETERY INTERMENT RIGHTS USE
| I, .............., being first duly sworn on oath depose and | say that:
| 1. A. My place of residence is ........................
| B. My post office address is .......................
| C. I understand that I am providing the information | contained in this
affidavit to the ............ | ("Cemetery") and the Cemetery shall, in the
absence of | directions to the contrary in my will, rely on this | information to
allow the listed individuals to be interred | in any unused interment rights in
the order of their death.
| D. I understand that, if I am an out-of-state resident, | I submit
myself to the jurisdiction of Illinois courts for | all matters related to the
preparation and use of this | affidavit. My agent for service of process in
Illinois is:
| Name ................. Address .....................
| City ................. Telephone ...................
| Items 2 through 6 must be completed by the executor of the | decedent's
estate, a personal representative, owner's | surviving spouse, or surviving
heir.
| 2. The decedent's name is ..............................
| 3. The date of decedent's death was ....................
| 4. The decedent's place of residence immediately before
his | or her death was ........................................
| 5. My relationship to the decedent is .................. | and I am
authorized to sign and file this affidavit.
| 6. At the time of death, the decedent (had no) (had a) | surviving spouse.
The name of the surviving spouse, if any, is | ....................., and
he or she (has) (has not) remarried.
| 7. The following is a list of the cemetery interment rights
| that may be used by the heirs if the owner is deceased:
| .............................................................
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| .............................................................
| 8. The following persons have an ownership interest in and | the
a
right to use the cemetery interment rights
in the order | of their death:
| .......................... Address ..........................
| .......................... Address ..........................
| .......................... Address ..........................
| .......................... Address ..........................
| .......................... Address ..........................
| .......................... Address ..........................
| .......................... Address ..........................
| 9. This affidavit is made for the purpose of obtaining the | consent of the
undersigned to transfer the right of interment | at the above mentioned cemetery
property to the listed heirs. | Affiants agree that they will save, hold
harmless, and | indemnify Cemetery, its heirs, successors, employees, and
| assigns, from all claims, loss, or damage whatsoever that may | result from
relying on this affidavit to record said transfer | in its records and allow
interments on the basis of the | information contained in this affidavit.
| WHEREFORE affiant requests Cemetery to recognize the above | named
heirs-at-law as those rightfully entitled to the | ownership of and use of
said interment
(spaces) (space).
| THE FOREGOING STATEMENT IS MADE UNDER THE PENALTIES OF PERJURY.
| (A FRAUDULENT STATEMENT MADE UNDER THE PENALTIES OF PERJURY IS | PERJURY AS
DEFINED IN THE CRIMINAL CODE OF 1961.)
| Dated this ........ day of .............., .....
| ................... (Seal) (To be signed by the owner or | the individual who
completes items 2 through 6 above.)
| Subscribed and sworn to before me, a Notary Public in and for | the County and
State of .............. aforesaid
this ........ | day of ..............., .....
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| ............................ Notary Public.
| (Source: P.A. 92-419, eff. 1-1-02.)
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Effective Date: 1/1/2005
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