100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3484

 

Introduced , by Rep. Daniel V. Beiser

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 411/35-15

    Amends the Cemetery Oversight Act. Provides that any contract for the sale of a burial plot must be witnessed or attested by a notary public upon signing. Provides that if a contract for the sale of a burial plot designates one or more individuals to be buried in the burial plot, any change in the designation of any of those individuals must be authorized in an instrument that is executed by a person who has the authority to make such a change and is sworn or affirmed and acknowledged before a notary public. Makes conforming changes.


LRB100 06189 RJF 16223 b

 

 

A BILL FOR

 

HB3484LRB100 06189 RJF 16223 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cemetery Oversight Act is amended by
5changing Section 35-15 as follows:
 
6    (225 ILCS 411/35-15)
7    (Section scheduled to be repealed on January 1, 2021)
8    Sec. 35-15. Cemetery duties.
9    (a) Prices for all cemetery-related products offered for
10sale by the cemetery authority must be disclosed to the
11consumer in writing on a standardized price list.
12Memorialization pricing may be disclosed in price ranges. The
13price list shall include the effective dates of the prices. The
14price list shall include not only the range of interment,
15inurnment, and entombment rights, and the cost of extending the
16term of any term burial, but also any related merchandise or
17services offered by the cemetery authority. Charges for
18installation of markers, monuments, and vaults in cemeteries
19must be the same without regard to where the item is purchased.
20    (b) A contract for the interment, inurnment, or entombment
21of human remains must be signed by both parties: the consumer
22and the cemetery authority or its representative. Before a
23contract is signed, the prices for the purchased services and

 

 

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1merchandise must be disclosed on the contract and in plain
2language. If a contract is for a term burial, the term, the
3option to extend the term, and the subsequent disposition of
4the human remains post-term must be in bold print and discussed
5with the consumer. Any contract for the sale of a burial plot
6must be witnessed or attested by a notary public upon signing,
7as provided under Sections 6-102 and 6-103 of the Illinois
8Notary Public Act. Such contract for the sale of a burial plot,
9when designated, must disclose the exact location of the burial
10plot based on the survey of the cemetery map or plat on file
11with the cemetery authority. If a contract for the sale of a
12burial plot designates one or more individuals to be buried in
13the burial plot, any change in the designation of any of those
14individuals must be authorized in an instrument that is
15executed by a person who has the authority to make such a
16change and is sworn or affirmed and acknowledged before a
17notary public.
18    (c) A cemetery authority that has the legal right to extend
19a term burial shall, prior to disinterment, provide the family
20or other authorized agent under the Disposition of Remains Act
21the opportunity to extend the term of a term burial for the
22cost as stated on the cemetery authority's current price list.
23Regardless of whether the family or other authorized agent
24chooses to extend the term burial, the cemetery authority
25shall, prior to disinterment, provide notice to the family or
26other authorized agent under the Disposition of Remains Act of

 

 

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1the cemetery authority's intention to disinter the remains and
2to inter different human remains in that space.
3    (d) If any rules or regulations, including the operational
4or maintenance requirements, of a cemetery change after the
5date a contract is signed for the purchase of cemetery-related
6or funeral-related products or services, the cemetery may not
7require the consumer, purchaser, or such individual's relative
8or representative to purchase any merchandise or service not
9included in the original contract or in the rules and
10regulations in existence when the contract was entered unless
11the purchase is reasonable or required to make the cemetery
12authority compliant with applicable law.
13    (e) No cemetery authority or its agent may engage in
14deceptive or unfair practices. The cemetery authority and its
15agents may not misrepresent legal or cemetery requirements.
16    (f) The Department may adopt rules regarding green burial
17certification, green cremation products and methods, and
18consumer education.
19    (g) The contractual requirements contained in this Section
20only apply to contracts executed after the effective date of
21this Act.
22(Source: P.A. 96-863, eff. 3-1-10.)