Bill Status of HB5091  102nd General Assembly


Short Description:  CEMETERIES-DISINTERMENT

House Sponsors
Rep. Kelly M. Cassidy

Last Action
DateChamber Action
  1/10/2023HouseSession Sine Die

Statutes Amended In Order of Appearance
410 ILCS 535/21from Ch. 111 1/2, par. 73-21
755 ILCS 65/5
755 ILCS 65/50
765 ILCS 835/2from Ch. 21, par. 16


Synopsis As Introduced
Amends the Vital Records Act. Provides that an injunction enjoining the issuance of a permit to disinter human remains shall issue only when the person seeking the injunction has rights superior to the person seeking the permit to disinter. Provides that if a person seeking an injunction does not have rights superior to the person seeking the permit to disinter, a court of competent jurisdiction may award costs to the person seeking the permit to disinter, if the court makes a finding that the action seeking the injunction was brought in bad faith. Amends the Disposition of Remains Act. Provides that if a court finds that a person has filed or opposed an action relating to the person's right to control disposition, the court may award costs against the person it finds has acted in bad faith. Amends the Cemetery Protection Act. Provides that any bylaws, rules, and regulations made by the cemetery authority for the government thereof are effective if made publicly available through continuous publication on the cemetery authority's website or on the cemetery authority's social media page. Requires a cemetery authority that does not maintain a website or social media page to provide a copy of the bylaws, rules, and regulations to each person prior to or contemporaneous with the cemetery authority's presentment of any contract or legal agreement for services in relation to the cemetery. Provides that the amendatory Act may be referred to as the Michael Bauer Memorial Act.

Actions 
DateChamber Action
  1/27/2022HouseFiled with the Clerk by Rep. Kelly M. Cassidy
  1/27/2022HouseFirst Reading
  1/27/2022HouseReferred to Rules Committee
  1/10/2023HouseSession Sine Die