093_HB2572ham001











                                     LRB093 04098 LCB 12443 a

 1                    AMENDMENT TO HOUSE BILL 2572

 2        AMENDMENT NO.     .  Amend House Bill 2572  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Cemetery  Protection Act is amended by
 5    changing Section 16 as follows:

 6        (765 ILCS 835/16)
 7        Sec. 16.  When a multiple interment right  owner  becomes
 8    deceased,  the  ownership  of  any unused rights of interment
 9    shall pass in accordance with the  specific  bequest  in  the
10    decedent's  will.    If  there is no will or specific bequest
11    then the ownership and use of the unused rights of  interment
12    shall  be  determined  by  a cemetery authority in accordance
13    with the information set out  on  a  standard  affidavit  for
14    cemetery  interment  rights  use form if such a form has been
15    prepared.  The unused right of interment shall  be  used  for
16    the  interment  of  the  first  deceased  heir  listed on the
17    standard affidavit and continue in sequence until all  listed
18    heirs  are deceased.  In the event that an interment right is
19    not used, the interment right shall pass to the heirs of  the
20    heirs  of  the  deceased interment right owner in perpetuity.
21    This shall not preclude the ability of the heirs to sell said
22    interment rights, in the event that all listed  living  heirs
 
                            -2-      LRB093 04098 LCB 12443 a
 1    are  in  agreement.   If  the standard affidavit for cemetery
 2    interment rights use, showing heirship of decedent  interment
 3    right  owner's  living heirs is provided to and followed by a
 4    cemetery authority, the cemetery authority shall be  released
 5    of any liability in relying on that affidavit.
 6        The following is the form of the standard affidavit:

 7    STATE OF ILLINOIS             )
 8                                  ) SS
 9    COUNTY OF ....................)

10             AFFIDAVIT FOR CEMETERY INTERMENT RIGHTS USE
11    I,  .............., being first duly sworn on oath depose and
12    say that:
13        1.  A.  My place of residence is ........................
14            B.  My post office address is .......................
15            C.  I understand that I am providing the  information
16        contained   in   this   affidavit   to  the  ............
17        ("Cemetery") and the Cemetery shall, in  the  absence  of
18        directions  to  the  contrary  in  my  will, rely on this
19        information  to  allow  the  listed  individuals  to   be
20        interred  in  any unused interment rights in the order of
21        their death.
22            D.  I  understand  that,  if  I  am  an  out-of-state
23        resident, I submit myself to the jurisdiction of Illinois
24        courts for all matters related to the preparation and use
25        of this affidavit.  My agent for service  of  process  in
26        Illinois is:
27             Name ................. Address .....................
28             City ................. Telephone ...................

29        Items  2  through  6 must be completed by the executor of
30    the decedent's estate,  a  personal  representative,  owner's
31    surviving spouse, or surviving heir.
32        2.  The decedent's name is ..............................
33        3.  The date of decedent's death was ....................
 
                            -3-      LRB093 04098 LCB 12443 a
 1        4.  The  decedent's place of residence immediately before
 2    his or her death was ........................................
 3        5.  My relationship to the decedent is ..................
 4    and I am authorized to sign and file this affidavit.
 5        6.  At the time of death, the decedent (had no)  (had  a)
 6    surviving  spouse.  The name of the surviving spouse, if any,
 7    is ....................., and  he  or  she  (has)  (has  not)
 8    remarried.
 9        7.  The  following  is  a  list of the cemetery interment
10    rights that may  be  used  by  the  heirs  if  the  owner  is
11    deceased:
12    .............................................................
13    .............................................................
14        8.  The  following  persons have an ownership interest in
15    and the a right to use the cemetery interment rights  in  the
16    order of their death:
17    .......................... Address ..........................
18    .......................... Address ..........................
19    .......................... Address ..........................
20    .......................... Address ..........................
21    .......................... Address ..........................
22    .......................... Address ..........................
23    .......................... Address ..........................
24        9.  This  affidavit  is made for the purpose of obtaining
25    the consent of the  undersigned  to  transfer  the  right  of
26    interment  at  the  above  mentioned cemetery property to the
27    listed heirs.  Affiants  agree  that  they  will  save,  hold
28    harmless,  and  indemnify  Cemetery,  its  heirs, successors,
29    employees, and assigns, from  all  claims,  loss,  or  damage
30    whatsoever  that may result from relying on this affidavit to
31    record said transfer in its records and allow  interments  on
32    the basis of the information contained in this affidavit.

33        WHEREFORE  affiant  requests  Cemetery  to  recognize the
34    above named heirs-at-law as those rightfully entitled to  the
 
                            -4-      LRB093 04098 LCB 12443 a
 1    ownership of and use of said interment (spaces) (space).

 2    THE  FOREGOING  STATEMENT  IS  MADE  UNDER  THE  PENALTIES OF
 3    PERJURY. (A FRAUDULENT STATEMENT MADE UNDER THE PENALTIES  OF
 4    PERJURY IS PERJURY AS DEFINED IN THE CRIMINAL CODE OF 1961.)
 5        Dated this ........ day of ..............,  .....

 6        ...................  (Seal) (To be signed by the owner or
 7        the individual who completes items 2 through 6 above.)
 8    Subscribed and sworn to before me, a Notary Public in and for
 9    the  County  and   State   of .............. aforesaid   this
10    ........ day of ..............., .....

11    ............................ Notary Public.
12    (Source: P.A. 92-419, eff. 1-1-02.)".