Sen. Emil Jones, III

Filed: 4/3/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1050

2    AMENDMENT NO. ______. Amend Senate Bill 1050 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Disposition of Remains Act is amended by
5changing Section 45 as follows:
 
6    (755 ILCS 65/45)
7    Sec. 45. Liability.
8    (a) There shall be no liability for a cemetery
9organization, a business operating a crematory or columbarium
10or both, a funeral director or an embalmer, or a funeral
11establishment that carries out the written directions of a
12decedent or the directions of any person who represents that
13the person is entitled to control the disposition of the
14decedent's remains. Nothing herein shall be intended or
15construed to reduce or eliminate liability for the gross
16negligence or willful acts of any cemetery organization,

 

 

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1business operating a crematory or columbarium or both, funeral
2director or embalmer, or funeral establishment.
3    (b) Notwithstanding any other provision of this Act, if
4there is no written direction concerning the disposition of a
5decedent's remains pursuant to Sections 10 and 15 of this Act,
6a cemetery organization, business operating a crematory or
7columbarium or both, funeral director or embalmer, or funeral
8establishment, before carrying out the directions of any person
9who represents himself or herself as being entitled to control
10the disposition of the decedent's remains, shall require that
11person to furnish an affidavit signed by the person before a
12notary public, stating under oath or affirmation that the
13person is entitled to control the disposition of the decedent's
14remains. The affidavit shall also be signed by 2 witnesses
15related to the decedent. Upon receiving the affidavit, the
16cemetery organization, business operating a crematory or
17columbarium or both, funeral director or embalmer, or funeral
18establishment shall make a good faith effort to verify that the
19person who represents himself or herself as being entitled to
20control the disposition of the decedent's remains is in fact
21entitled to control the disposition of the decedent's remains.
22A cemetery organization, business operating a crematory or
23columbarium or both, funeral director or embalmer, or funeral
24establishment that does not require an affidavit under this
25subsection or does not retain the affidavit for a period of no
26less than 3 years is liable for damages in an action which may

 

 

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1be brought in the circuit court of the county in which the
2place of business is established.
3(Source: P.A. 94-561, eff. 1-1-06.)".