093_HB2572sam001

 










                                     LRB093 04098 LCB 16222 a

 1                    AMENDMENT TO HOUSE BILL 2572

 2        AMENDMENT NO.     .  Amend House Bill  2572  on  page  1,
 3    line  5,  after  "Section  16",  by  inserting "and by adding
 4    Section 14.5"; and

 5    on page 1, after line 5, by inserting the following:

 6        "(765 ILCS 835/14.5 new)
 7        Sec.  14.5.  Correction  of  encroachment  on  interment,
 8    entombment, or inurnment rights.
 9        (a)  Whenever a cemetery becomes aware that there  is  an
10    encroachment  on  or  in  the lawful interment, inurnment, or
11    entombment rights of another, and when the cemetery buried or
12    placed  or  permitted  the  burial  or   placement   of   the
13    encroaching  item  in  or  on  these rights, the cemetery may
14    correct the encroachment in  accordance  with  this  Section.
15    This Section shall not apply to, or be utilized in connection
16    with,  any  eminent domain, quick-take, or other condemnation
17    proceeding that is designed to relocate a cemetery or portion
18    thereof to another location.
19        (b)  When the encroaching item is a marker,  monument  or
20    memorial  that  should  be placed on or in another interment,
21    inurnment, or entombment right located within  the  cemetery,
22    or  when  the  item  is the foundation or base for any of the
 
                            -2-      LRB093 04098 LCB 16222 a
 1    foregoing, the cemetery may with reasonable  promptness,  and
 2    without  being  required  to  obtain any permit, relocate the
 3    item to its proper place. Notice  of  the  corrective  action
 4    shall be given no later than 30 days following the correction
 5    in accordance with subsection (d) of this Section.
 6        (c)  When  the  encroaching item is a vault, casket, urn,
 7    outer burial container,  or  human  remains  that  should  be
 8    placed  in  or on another interment, inurnment, or entombment
 9    right located within the  cemetery,  the  cemetery  may  with
10    reasonable  promptness,  and without being required to obtain
11    any permit, relocate the item to its proper place. Except  as
12    otherwise   provided   in  this  subsection,  notice  of  the
13    corrective action shall be given no later than 30 days  prior
14    to  the  correction in accordance with subsection (d) of this
15    Section. When the involved encroachment would, if uncorrected
16    within  30  days,  interfere  with  a  scheduled   interment,
17    inurnment,  or  entombment, then the notice shall be given in
18    accordance with subsection (d) of this Section with  as  much
19    advance  notice  as reasonably possible or, if advance notice
20    is not reasonably possible, no later than 30  days  following
21    the  correction. In the event the correction is to occur in a
22    religious cemetery that,  for  religious  reasons,  maintains
23    rules that preclude advance notice of corrections, the notice
24    shall occur no later than 30 days following the correction.
25        (d)  Notice under this Section shall be by certified mail
26    or  other  delivery method that has a confirmation procedure,
27    in 12-point type, to the owner  of  any  affected  interment,
28    inurnment,   or  entombment  right  or,  when  the  owner  is
29    deceased, to the surviving spouse  of  the  deceased,  or  if
30    none,  any  surviving  children  of  the  deceased,  or if no
31    surviving spouse or children, a parent, brother, or sister of
32    the deceased, or, if failing all  of  the  above,  any  other
33    listed  heir  of  the  deceased  in  the cemetery records. In
34    providing notice, the cemetery authority shall  exercise  due
 
                            -3-      LRB093 04098 LCB 16222 a
 1    diligence  to  engage  in  a  reasonable  search of available
 2    funeral home of record or  cemetery  records  to  obtain  the
 3    current address of the party to be notified. The notice shall
 4    provide  a  clear  statement of the correction taken or to be
 5    taken, together with the  reasons  for  the  correction,  and
 6    shall  outline  a  simple  process for the notified person to
 7    obtain additional information regarding the  correction  from
 8    the  cemetery.  When  advance  notice is required, the notice
 9    shall inform the notified party of his or  her  right  to  be
10    present for any reinterment, reinurnment, or reentombment, as
11    well  as  his  or  her  option  to  object  by  obtaining  an
12    injunction   enjoining   the   contemplated  correction.  The
13    cemetery shall maintain for no less than 5 years a record  of
14    any notice provided under this Section.
15        (e)  Nothing  in  this  Section  shall  make  a  cemetery
16    financially  responsible  for the correction of encroachments
17    that are directly or indirectly caused by  the  owner  of  an
18    interment,  inurnment,  or  entombment right or by his or her
19    heirs or by an act of God, war, or  vandalism.  The  cemetery
20    shall  be  financially  responsible for the correction of all
21    other encroachments covered by this Section.
22        (f)  Nothing in this Section shall be construed to  limit
23    the liability of any party.".