92nd General Assembly
Summary of HB2283
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House Sponsors:
MORROW-MOFFITT-HOFFMAN-KLINGLER-DAVIS,MONIQUE, 
   DAVIS,STEVE, POE, REITZ, JONES,LOU, HOLBROOK, 
   MILLER AND BRADY.

Senate Sponsors:
SULLIVAN-BOWLES-HAWKINSON-WEAVER-SHADID

Short description: 
CEMETERIES-LICENSE REQUIREMNTS                                             

Synopsis of Bill as introduced:
        Amends the Grave and Cemetery Restoration Act, the Township Code,      
   and the Illinois Municipal Code to provide that a county, township, or      
   the corporate authorities of a  municipality  that  has  an  abandoned      
   cemetery within its territory may enter the cemetery grounds and cause      
   the  grounds  to  be  cleared  and  made orderly.  Amends the Illinois      
   Funeral or Burial Funds Act.  Changes the  requirements  for  pre-need      
   contracts.  Makes  changes  concerning  the  selling  and  the form of      
   pre-need contracts and the information contained in  applications  for      
   sellers  licenses.  Provides  grounds for the Comptroller to refuse to      
   issue, suspend, or revoke licenses. Establishes license  requirements.      
   Provides  that  in the event of the sale of a licensee's business, the      
   purchaser is liable for any shortfall in the trust funds  required  to      
   be  maintained  in  a trust and shall honor all pre-need contracts and      
   trusts entered into by the licensee.  Amends the  Cemetery  Care  Act.      
   Imposes   various   requirements   on  a  cemetery  authority  owning,      
   operating, controlling, or managing  a  privately  operated  cemetery.      
   Adds  to  the  list of items that disqualify a person from receiving a      
   license.  Amends the Cemetery Protection Act. Provides that  it  is  a      
   Class 2 felony to willfully and knowingly remove a gravestone or other      
   memorial,  monument,  or  marker  with the intent to resell it without      
   proper legal authority.  Amends the Illinois Pre-Need  Cemetery  Sales      
   Act.  Changes the definitions of "delivery" and "seller".  Defines the      
   terms   "provider",   "purchaser",  and  "parent  company".   Requires      
   additional information  to  be  included  on  applications.   Provides      
   additional grounds for the Comptroller to refuse to issue, suspend, or      
   revoke  a  license  under  the  Act.   Makes  changes  concerning  the      
   requirements  that a pre-need sales contract must meet.  Provides that      
   in the event of a sale of a  licensee's  business,  the  purchaser  is      
   liable  for any shortages in the trust funds requires to be maintained      
   under the Act and  shall  honor  all  pre-need  contracts  and  trusts      
   entered  into  by  the  seller.   Provides  that the amendatory Act is      
   severable.  Amends the Illinois Public Aid Code.   Provides  that  the      
   Department  shall pay certain (i) funeral and (ii) burial or cremation      
   expenses if no person agrees to pay them.  Effective January 1, 2002.       
        HOUSE AMENDMENT NO. 1.                                                 
        Further  amends  the  Cemetery  Care  Act.   Provides  that   the      
   Comptroller  may  not  refrain  from issuing a license to an applicant      
   based on the applicant having demonstrated a  pattern  of  failing  to      
   open or close any graves, crypts, or niches for human remains within a      
   reasonable  time  frame  or  having  demonstrated a pattern of placing      
   human remains in a final resting place other than that required  under      
   an agreement with a consumer.                                               
        HOUSE AMENDMENT NO. 2.                                                 
        Further amends the Cemetery Care Act.  Changes the definition  of      
   reasonable maintenance.                                                     
          FISCAL NOTE (State Comptroller)                                      
          HB 2283 will have a minimal impact on the Office of the State        
          Comptroller.                                                         
        HOUSE AMENDMENT NO. 3.                                                 
          Deletes reference to:                                                
          760 ILCS 100/11.1                                                    
          Adds reference to:                                                   
          410 ILCS 18/10                                                       
          760 ILCS 100/12                 from Ch. 21, par. 64.12              
          760 ILCS 100/24                 from Ch. 21, par. 64.24              
          815 ILCS 390/23                 from Ch. 21, par. 223                
        Replaces everything after the enacting clause with  the  bill  as      
   introduced.  Makes additional changes.                                      
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          765 ILCS 835/9                  from Ch. 21, par. 21.2               
          765 ILCS 835/10                 from Ch. 21, par. 21.3               
          765 ILCS 835/12                 from Ch. 21, par. 21.5               
          765 ILCS 835/13                 from Ch. 21, par. 21.6               
          765 ILCS 835/14                 from Ch. 21, par. 21.7               
          765 ILCS 835/16 new                                                  
        Further amends the  Cemetery  Care  Act.   Provides  that  if  an      
   abandoned  or  neglected  cemetery  has  been dedicated as an Illinois      
   nature preserve, any action to clean up the cemetery pursuant  to  the      
   Act  shall  be consistent with the rules and master plan governing the      
   dedicated nature preserve.  Further  amends  the  Cemetery  Protection      
   Act.  Provides  that  if  there  is  no  memorial, monument, or marker      
   installed on a cemetery lot;  no  interment  in  a  cemetery  lot;  no      
   transfer  or  assignment  of  a cemetery lot on the cemetery authority      
   records; no contact by an owner recorded  in  the  cemetery  authority      
   records;  publication  has  been  made  in  a  local  newspaper and no      
   response was received; and 60 years have passed since the cemetery lot      
   was sold, there is a  presumption  that  the  cemetery  lot  has  been      
   abandoned.   Provides that when a multiple interment right owner dies,      
   the ownership of any unused interment rights shall pass in  accordance      
   with  the  specific  bequest in his or her will.  Provides that if the      
   person dies without a will or without having made a  specific  bequest      
   of  the  interment  rights,  the  use of the interment rights shall be      
   determined by a cemetery authority in accordance with the  information      
   set  out on a standard affidavit of heirship if one has been prepared.      
   Provides a standard affidavit of heirship form.  Makes other changes.       
 
Last action on Bill: PUBLIC ACT.............................. 92-0419

   Last action date: AUG-17-2001

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   3     SENATE -   1


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