Full Text of HB3749 94th General Assembly
HB3749ham001 94TH GENERAL ASSEMBLY
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Rep. Angelo Saviano
Filed: 3/17/2005
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09400HB3749ham001 |
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LRB094 07674 LCB 43902 a |
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| AMENDMENT TO HOUSE BILL 3749
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| AMENDMENT NO. ______. Amend House Bill 3749 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Cemetery Protection Act is amended by | 5 |
| changing Section 16 as follows:
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| (765 ILCS 835/16)
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| Sec. 16. When a multiple interment right owner becomes | 8 |
| deceased, the
ownership of any
unused rights of interment shall | 9 |
| pass in accordance with the specific bequest
in the decedent's | 10 |
| will. If there is no will or specific bequest then the | 11 |
| ownership and use
of the unused rights of interment shall be | 12 |
| determined by a cemetery authority
in
accordance with the | 13 |
| information set out on a standard affidavit for cemetery
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| interment rights use form if such a form has been prepared. The | 15 |
| unused right
of interment shall be
used for the interment of | 16 |
| the first
deceased heir listed on the standard affidavit and | 17 |
| continue in sequence until
all listed heirs are deceased. In | 18 |
| the event that an interment right is not
used,
the interment | 19 |
| right shall pass to the heirs of the heirs of the deceased
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| interment right owner in perpetuity. Except as otherwise | 21 |
| provided in this Section, this
This shall not preclude the | 22 |
| ability of
the heirs to sell said interment rights, in the | 23 |
| event that all listed living
heirs are in agreement , and it | 24 |
| shall not preclude the ability of a 2/3 majority of the living |
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| heirs to sell a specific interment right to the spouse of a | 2 |
| living or deceased heir . If the standard affidavit for cemetery | 3 |
| interment
rights use, showing heirship of decedent
interment | 4 |
| right owner's living heirs is provided to and followed by a | 5 |
| cemetery
authority, the
cemetery authority shall be released of | 6 |
| any liability in relying on that
affidavit.
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| The following is the form of the standard affidavit:
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| STATE OF ILLINOIS )
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| ) SS
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| COUNTY OF ....................)
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| AFFIDAVIT FOR CEMETERY INTERMENT RIGHTS USE
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| I, .............., being first duly sworn on oath depose and | 13 |
| say that:
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| 1. A. My place of residence is ........................
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| B. My post office address is .......................
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| C. I understand that I am providing the information | 17 |
| contained in this
affidavit to the ............ | 18 |
| ("Cemetery") and the Cemetery shall, in the
absence of | 19 |
| directions to the contrary in my will, rely on this | 20 |
| information to
allow the listed individuals to be interred | 21 |
| in any unused interment rights in
the order of their death.
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| D. I understand that, if I am an out-of-state resident, | 23 |
| I submit
myself to the jurisdiction of Illinois courts for | 24 |
| all matters related to the
preparation and use of this | 25 |
| affidavit. My agent for service of process in
Illinois is:
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| Name ................. Address .....................
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| City ................. Telephone ...................
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| Items 2 through 6 must be completed by the executor of the | 29 |
| decedent's
estate, a personal representative, owner's | 30 |
| surviving spouse, or surviving
heir.
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| 2. The decedent's name is ..............................
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| 3. The date of decedent's death was ....................
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| 4. The decedent's place of residence immediately before
his | 3 |
| or her death was ........................................
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| 5. My relationship to the decedent is .................. | 5 |
| and I am authorized to sign and file this affidavit.
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| 6. At the time of death, the decedent (had no) (had a) | 7 |
| surviving spouse.
The name of the surviving spouse, if any, is | 8 |
| ....................., and
he or she (has) (has not) remarried.
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| 7. The following is a list of the cemetery interment rights
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| that may be used by the heirs if the owner is deceased:
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| .............................................................
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| .............................................................
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| 8. The following persons have an ownership interest in and | 14 |
| the right to use the cemetery interment rights
in the order of | 15 |
| their death:
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| .......................... Address ..........................
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| .......................... Address ..........................
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| .......................... Address ..........................
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| .......................... Address ..........................
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| .......................... Address ..........................
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| .......................... Address ..........................
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| .......................... Address ..........................
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| 9. This affidavit is made for the purpose of obtaining the | 24 |
| consent of the
undersigned to transfer the right of interment | 25 |
| at the above mentioned cemetery
property to the listed heirs. | 26 |
| Affiants agree that they will save, hold
harmless, and | 27 |
| indemnify Cemetery, its heirs, successors, employees, and
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| assigns, from all claims, loss, or damage whatsoever that may | 29 |
| result from
relying on this affidavit to record said transfer | 30 |
| in its records and allow
interments on the basis of the | 31 |
| information contained in this affidavit.
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| WHEREFORE affiant requests Cemetery to recognize the above | 33 |
| named
heirs-at-law as those rightfully entitled to the |
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| ownership of and use of said interment
(spaces) (space).
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| THE FOREGOING STATEMENT IS MADE UNDER THE PENALTIES OF PERJURY.
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| (A FRAUDULENT STATEMENT MADE UNDER THE PENALTIES OF PERJURY IS | 4 |
| PERJURY AS
DEFINED IN THE CRIMINAL CODE OF 1961.)
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| Dated this ........ day of .............., .....
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| ................... (Seal) (To be signed by the owner or | 7 |
| the individual who
completes items 2 through 6 above.)
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| Subscribed and sworn to before me, a Notary Public in and for | 9 |
| the County and
State of .............. aforesaid
this ........ | 10 |
| day of ..............., .....
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| ............................ Notary Public.
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| (Source: P.A. 92-419, eff. 1-1-02; 93-772, eff. 1-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
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