Bill Text: IL SB1050 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Probate Act of 1975. Make a technical change to a Section concerning small estates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB1050 Detail]
Download: Illinois-2013-SB1050-Amended.html
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1 | AMENDMENT TO SENATE BILL 1050
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2 | AMENDMENT NO. ______. Amend Senate Bill 1050 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Disposition of Remains Act is amended by | ||||||
5 | changing Section 45 as follows:
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6 | (755 ILCS 65/45)
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7 | Sec. 45. Liability. | ||||||
8 | (a) There shall be no liability for a cemetery | ||||||
9 | organization, a business operating a crematory or columbarium | ||||||
10 | or both, a funeral director or an embalmer, or a funeral | ||||||
11 | establishment that carries out the written directions of a | ||||||
12 | decedent or the directions of any person who represents that | ||||||
13 | the person is entitled to control the disposition of the | ||||||
14 | decedent's remains. Nothing herein shall be intended or | ||||||
15 | construed to reduce or eliminate liability for the gross | ||||||
16 | negligence or willful acts of any cemetery organization, |
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1 | business operating a crematory or columbarium or both, funeral | ||||||
2 | director or embalmer, or funeral establishment.
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3 | (b) Notwithstanding any other provision of this Act, if | ||||||
4 | there is no written direction concerning the disposition of a | ||||||
5 | decedent's remains pursuant to Sections 10 and 15 of this Act, | ||||||
6 | a cemetery organization, business operating a crematory or | ||||||
7 | columbarium or both, funeral director or embalmer, or funeral | ||||||
8 | establishment, before carrying out the directions of any person | ||||||
9 | who represents himself or herself as being entitled to control | ||||||
10 | the disposition of the decedent's remains, shall require that | ||||||
11 | person to furnish an affidavit signed by the person before a | ||||||
12 | notary public, stating under oath or affirmation that the | ||||||
13 | person is entitled to control the disposition of the decedent's | ||||||
14 | remains. The affidavit shall also be signed by 2 witnesses | ||||||
15 | related to the decedent. Upon receiving the affidavit, the | ||||||
16 | cemetery organization, business operating a crematory or | ||||||
17 | columbarium or both, funeral director or embalmer, or funeral | ||||||
18 | establishment shall make a good faith effort to verify that the | ||||||
19 | person who represents himself or herself as being entitled to | ||||||
20 | control the disposition of the decedent's remains is in fact | ||||||
21 | entitled to control the disposition of the decedent's remains. | ||||||
22 | A cemetery organization, business operating a crematory or | ||||||
23 | columbarium or both, funeral director or embalmer, or funeral | ||||||
24 | establishment that does not require an affidavit under this | ||||||
25 | subsection or does not retain the affidavit for a period of no | ||||||
26 | less than 3 years is liable for damages in an action which may |
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1 | be brought in the circuit court of the county in which the | ||||||
2 | place of business is established. | ||||||
3 | (Source: P.A. 94-561, eff. 1-1-06.)".
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