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91_HB1121
LRB9101765KStmA
1 AN ACT amending the Cemetery Protection Act by adding
2 Section 16.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Cemetery Protection Act is amended by
6 adding Section 16 as follows:
7 (765 ILCS 835/16 new)
8 Sec. 16. Procedures for correction of errors.
9 (a) A cemetery authority commits an error if it does any
10 of the following:
11 (1) It makes an interment, burial, entombment, or
12 inurnment in the wrong lot, grave, grave space, burial
13 space, crypt, crypt space, or niche.
14 (2) It makes a disinterment, disentombment, or
15 disinurnment of the wrong deceased remains.
16 (3) It causes an encroachment of the human remains
17 or outer burial container of one person on another
18 person's space.
19 (4) It sets or installs a marker, monument, any
20 type of memorial, outer burial container, or foundation
21 on the wrong lot, space, grave, grave space, or burial
22 space.
23 (5) It installs any kind of foundation or other
24 type of base for a marker, monument, or any type of
25 memorial on the wrong lot or burial space.
26 (6) It places an improper inscription, including
27 incorrect name or date, on a marker, a monument, any type
28 of memorial, or a container for cremated remains.
29 (b) If a cemetery authority makes one or more of the
30 errors set out under subsection (a), the cemetery authority
31 shall at its own expense:
-2- LRB9101765KStmA
1 (1) correct the wrongful interment, burial,
2 entombment, inurnment, disinterment, disentombment, or
3 disinurnment as soon as practical after becoming aware of
4 the error;
5 (2) replace the encroaching remains or outer burial
6 container to the correct location;
7 (3) reset the memorial or monument on the correct
8 space; or
9 (4) correct the inscription on the memorial or
10 monument.
11 (c) If a cemetery authority makes one or more of the
12 errors set out under subsection (a), the cemetery authority
13 shall make a good faith effort and shall use all reasonable
14 means to notify the following about the error and correction
15 within 15 days of discovery of the error:
16 (1) the spouse of the deceased person affected by
17 the error;
18 (2) the parents of the deceased person affected by
19 the error; or
20 (3) the person or persons who authorized the
21 original interment burial, entombment, inurnment,
22 disinterment, disentombment, disinurnment, placement of
23 the remains or placement of the burial vault.
24 (d) When a cemetery authority or anyone acting on behalf
25 of a cemetery authority corrects an error specified in
26 subsection (a) by complying with the requirements of
27 subsections (b) and (c) of this Section, the cemetery
28 authority shall not be liable to any State or local
29 government agency or any other person or entity for any of
30 the errors set out in subsection (a).
31 Section 99. Effective date. This Act takes effect on
32 January 1, 2000.