Bill Text: IL HB3484 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Cemetery Oversight Act. Provides that any contract for the sale of a burial plot must be witnessed or attested by a notary public upon signing. Provides that if a contract for the sale of a burial plot designates one or more individuals to be buried in the burial plot, any change in the designation of any of those individuals must be authorized in an instrument that is executed by a person who has the authority to make such a change and is sworn or affirmed and acknowledged before a notary public. Makes conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3484 Detail]

Download: Illinois-2017-HB3484-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3484 Introduced , by Rep. Daniel V. Beiser SYNOPSIS AS INTRODUCED:
225 ILCS 411/35-15
Amends the Cemetery Oversight Act. Provides that any contract for the sale of a burial plot must be witnessed or attested by a notary public upon signing. Provides that if a contract for the sale of a burial plot designates one or more individuals to be buried in the burial plot, any change in the designation of any of those individuals must be authorized in an instrument that is executed by a person who has the authority to make such a change and is sworn or affirmed and acknowledged before a notary public. Makes conforming changes.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Cemetery Oversight Act is amended by
changing Section 35-15 as follows:
(225 ILCS 411/35-15)
(Section scheduled to be repealed on January 1, 2021)
Sec. 35-15. Cemetery duties.
(a) Prices for all cemetery-related products offered for
sale by the cemetery authority must be disclosed to the
consumer in writing on a standardized price list.
Memorialization pricing may be disclosed in price ranges. The
price list shall include the effective dates of the prices. The
price list shall include not only the range of interment,
inurnment, and entombment rights, and the cost of extending the
term of any term burial, but also any related merchandise or
services offered by the cemetery authority. Charges for
installation of markers, monuments, and vaults in cemeteries
must be the same without regard to where the item is purchased.
(b) A contract for the interment, inurnment, or entombment
of human remains must be signed by both parties: the consumer
and the cemetery authority or its representative. Before a
contract is signed, the prices for the purchased services and

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merchandise must be disclosed on the contract and in plain
language. If a contract is for a term burial, the term, the
option to extend the term, and the subsequent disposition of
the human remains post-term must be in bold print and discussed
with the consumer. Any contract for the sale of a burial plot
must be witnessed or attested by a notary public upon signing,
as provided under Sections 6-102 and 6-103 of the Illinois
Notary Public Act. Such contract for the sale of a burial plot,
when designated, must disclose the exact location of the burial
plot based on the survey of the cemetery map or plat on file
with the cemetery authority. If a contract for the sale of a
burial plot designates one or more individuals to be buried in
the burial plot, any change in the designation of any of those
individuals must be authorized in an instrument that is
executed by a person who has the authority to make such a
change and is sworn or affirmed and acknowledged before a
notary public.
(c) A cemetery authority that has the legal right to extend
a term burial shall, prior to disinterment, provide the family
or other authorized agent under the Disposition of Remains Act
the opportunity to extend the term of a term burial for the
cost as stated on the cemetery authority's current price list.
Regardless of whether the family or other authorized agent
chooses to extend the term burial, the cemetery authority
shall, prior to disinterment, provide notice to the family or
other authorized agent under the Disposition of Remains Act of

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the cemetery authority's intention to disinter the remains and
to inter different human remains in that space.
(d) If any rules or regulations, including the operational
or maintenance requirements, of a cemetery change after the
date a contract is signed for the purchase of cemetery-related
or funeral-related products or services, the cemetery may not
require the consumer, purchaser, or such individual's relative
or representative to purchase any merchandise or service not
included in the original contract or in the rules and
regulations in existence when the contract was entered unless
the purchase is reasonable or required to make the cemetery
authority compliant with applicable law.
(e) No cemetery authority or its agent may engage in
deceptive or unfair practices. The cemetery authority and its
agents may not misrepresent legal or cemetery requirements.
(f) The Department may adopt rules regarding green burial
certification, green cremation products and methods, and
consumer education.
(g) The contractual requirements contained in this Section
only apply to contracts executed after the effective date of
this Act.
(Source: P.A. 96-863, eff. 3-1-10.)