DAVIS,STEVE, POE, REITZ, JONES,LOU, HOLBROOK,
MILLER AND BRADY.
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
FISCAL NOTE (State Comptroller)
HB 2283 will have a minimal impact on the Office of the State
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
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 3 SENATE - 1
END OF INQUIRY
Full Text Bill Status