Sen. Adriane Johnson

Filed: 4/7/2022

 

 


 

 


 
10200HB4342sam001LRB102 22472 RJT 38750 a

1
AMENDMENT TO HOUSE BILL 4342

2    AMENDMENT NO. ______. Amend House Bill 4342 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Burial Rights Act is amended by changing
5Section 1 as follows:
 
6    (820 ILCS 135/1)  (from Ch. 21, par. 101)
7    Sec. 1. (a) Every contract, agreement or understanding
8between a cemetery authority and a cemetery workers'
9association which totally prohibits burials of human remains
10or prohibits in any manner dedications of monuments or
11headstones, family visitations, or visitations to veterans
12memorials on Sundays or legal holidays shall be deemed to be
13void as against public policy and wholly unenforceable.
14    (b) Nothing in this Section shall prohibit a cemetery
15authority and a cemetery workers' association from entering
16into a contract, agreement or understanding which limits

 

 

10200HB4342sam001- 2 -LRB102 22472 RJT 38750 a

1Sunday or holiday burials of human remains to decedents who
2were members of religious sects whose tenets or beliefs
3require burials within a specified period of time and whose
4deaths occurred at such times as to necessitate Sunday or
5holiday burials. Such contract, agreement or understanding may
6provide that a funeral director notify the cemetery authority
7within a reasonable time when a Sunday or holiday burial or
8dedication of a monument or headstone is necessitated by
9reason of the decedent's religious tenets or beliefs.
10    (c) It shall be unlawful for any person to restrain,
11prohibit or interfere with the burial of a decedent whose time
12of death and religious tenets or beliefs necessitate burial on
13a Sunday or legal holiday or prohibit in any manner
14dedications of monuments or headstones, family visitations, or
15visitations to veterans memorials on a Sunday or legal
16holiday.
17    (d) A violation of this Section is a Class A misdemeanor.
18    (e) For the purposes of this Act, "cemetery authority"
19shall have the meaning ascribed to it in Section 2 of the
20Cemetery Care Act or the Cemetery Oversight Act, whichever is
21applicable; and "cemetery workers' association" means an
22organization of workers who are employed by cemetery
23authorities to perform the task of burying human remains or
24transporting remains to cemeteries or other places of
25interment, and who join together for collective bargaining
26purposes or to negotiate terms and conditions of employment.

 

 

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1(Source: P.A. 96-863, eff. 3-1-10.)".