102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3857

 

Introduced 2/22/2021, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 835/.01  from Ch. 21, par. 14.01
765 ILCS 835/17 new

    Amends the Cemetery Protection Act. Defines "cemetery consumer". Provides that unless the contract with the cemetery otherwise provides, the involved cemetery consumer shall have the responsibility to repair, replace, or remove any dilapidated or unsafe columbarium, niche building, mausoleum, or private estate within the cemetery grounds. Provides that whenever a cemetery authority becomes aware of a dilapidated or unsafe columbarium, niche building, mausoleum, or private estate within the cemetery grounds, and when the involved cemetery consumer has failed to take prompt remedial action, the cemetery may repair, replace, or remove the structure to prevent hazard to the public or to entombed, inurned, or cremated human remains. Provides that the cemetery may remove the urns or caskets when necessary and place them in a secure temporary area in order to allow for the repairs to or replacement or removal of the dilapidated or unsafe columbarium, niche building, mausoleum, or private estate. Provides that the cemetery shall contact the listed next of kin in the cemetery records when taking remedial action.


LRB102 13843 LNS 19194 b

 

 

A BILL FOR

 

HB3857LRB102 13843 LNS 19194 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cemetery Protection Act is amended by
5changing Section .01 and by adding Section 17 as follows:
 
6    (765 ILCS 835/.01)  (from Ch. 21, par. 14.01)
7    Sec. .01. For the purposes of this Act, the term:
8    "Cemetery authority" means an individual or legal entity
9that owns or controls cemetery lands or property.
10    "Cemetery consumer" means the involved interment,
11entombment, or inurnment right owner or owners and their
12heirs.
13    "Community mausoleum" means a mausoleum owned and operated
14by a cemetery authority that contains multiple entombment
15rights sold to the public.
16(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
17    (765 ILCS 835/17 new)
18    Sec. 17. Repairs to or replacement or removal of
19dilapidated or unsafe columbariums, niches, mausoleums, and
20private estates.
21    (a) Unless the contract with the cemetery otherwise
22provides, the involved cemetery consumer shall have the

 

 

HB3857- 2 -LRB102 13843 LNS 19194 b

1responsibility to repair, replace, or remove any dilapidated
2or unsafe columbarium, niche building, mausoleum, or private
3estate within the cemetery grounds. When the cemetery consumer
4fails to take prompt remedial action, the cemetery authority
5may, but shall not be required to, take action in accordance
6with this Section. Nothing in this Section shall make a
7cemetery financially or otherwise responsible for property
8damage that is the direct or indirect result of actions or
9neglect by a cemetery owner, an act of God, war, or vandalism,
10or aging or design of a columbarium, niche building,
11mausoleum, or private estate.
12    (b) If a cemetery authority becomes aware of a dilapidated
13or unsafe columbarium, niche building, mausoleum, or private
14estate within the cemetery grounds, and if the involved
15cemetery consumer has failed to take prompt remedial action,
16the cemetery, in accordance with this Section, may repair,
17replace, or remove the structure to prevent hazard to the
18public or to entombed, inurned, or cremated human remains.
19This Section does not apply to and may not be invoked in
20connection with any eminent domain, quick-take, or other
21condemnation proceeding that is designed to relocate a
22cemetery or portion thereof to another location.
23    (c) The cemetery, with reasonable promptness and without
24being required to obtain any permit, may remove the urns or
25caskets when necessary, and place them in a secure temporary
26area in order to allow for the repairs to or replacement or

 

 

HB3857- 3 -LRB102 13843 LNS 19194 b

1removal of the dilapidated or unsafe columbarium, niche
2building, mausoleum, or private estate. Upon completion of the
3work, the cemetery authority shall replace the urns or caskets
4in the new or repaired columbarium, niche building, mausoleum,
5or private estate, or in such new location as may be
6appropriate following removal of the columbarium, niche
7building, mausoleum, or private estate.
8    (d) When taking remedial action, the cemetery shall
9contact the listed next of kin in the cemetery records by
10e-mail or certified mail, at the last known address, with the
11following information:
12        (1) Description of the repairs, rebuilding, or removal
13    that will take place or has taken place.
14        (2) Whether the temporary removal and replacement of
15    the decedent's human remains was or will be necessary.
16        (3) Notification of whether it is the responsibility
17    of the cemetery consumer to pay for such repairs,
18    rebuilding, or removal.
19        (4) Notification that a record of the remedial actions
20    taken shall be maintained in the permanent records of the
21    cemetery.