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 END OF INQUIRY Full Text Bill Status