Illinois 93rd Regular Session Status: Passed Senate 1 D cosponsors

SB 1431 — CEMETERY PROTECTION ACT-TECH

Last action — Session Sine Die

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 93rd Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Cemetery Protection Act. Makes a technical change in a provision regarding a definition.

Bill Text

What changed in the latest version

101 added · 8 removed

Plain-language change summary

The amendment to Bill SB 1431 clarifies how unused burial rights are transferred after a multiple interment right owner passes away. If the owner doesn't have a will, a cemetery authority will decide how to use those rights based on a standard affidavit that lists living heirs. This change is important because it ensures a clear process for the management of burial rights and protects cemetery authorities from liability when they rely on this affidavit. Overall, it helps to simplify and formalize the handling of unused interment rights among families.

→
Previous
Latest
093_SB1431 LRB093 04097 LCB 04137 b AN ACT in relation to property.
SB1431 Engrossed LRB093 04097 LCB 04137 b AN ACT in relation to property.
The Cemetery Protection Act is amended by changing Section .01 as follows:
The Cemetery Protection Act is amended by changing Section 16 as follows:
(765 ILCS 835/.01) (from Ch.
(765 ILCS 835/16) Sec.
21, par.
16.
14.01) Sec.
When a multiple interment right owner becomes deceased, the ownership of any unused rights of interment shall pass in accordance with the specific bequest in the decedent's will.
.01.
If there is no will or specific bequest then the _____________ use of the unused rights of interment shall be determined by a cemetery authority in accordance with the information set out on a standard affidavit for cemetery interment rights use form if such a form has been prepared.
For the purposes of this Act, the term "cemetery authority" is defined as in Section 2 of the -Cemetery Care Act"--------v-----------------------a------------ -----f------------.
The unused right of interment shall be used for the interment of the first deceased heir listed on the standard affidavit and continue in sequence until all listed heirs are deceased.
In the event that an interment right is not used, the interment right shall pass to the heirs of the heirs of the deceased interment right owner in perpetuity.
This shall not preclude the ability of the heirs to sell said interment rights, in the event that all listed living heirs are in agreement.
If the standard affidavit for cemetery interment rights use, showing heirship of decedent interment right owner's living heirs is provided to and followed by a cemetery authority, the cemetery authority shall be released of any liability in relying on that affidavit.
The following is the form of the standard affidavit:
STATE OF ILLINOIS ) ) SS COUNTY OF ....................) SB1431 Engrossed -2- LRB093 04097 LCB 04137 b AFFIDAVIT FOR CEMETERY INTERMENT RIGHTS USE I, .............., being first duly sworn on oath depose and say that:
1.
A.
My place of residence is ........................
B.
My post office address is .......................
C.
I understand that I am providing the information contained in this affidavit to the ............
("Cemetery") and the Cemetery shall, in the absence of directions to the contrary in my will, rely on this information to allow the listed individuals to be interred in any unused interment rights in the order of their death.
D.
I understand that, if I am an out-of-state resident, I submit myself to the jurisdiction of Illinois courts for all matters related to the preparation and use of this affidavit.
My agent for service of process in Illinois is:
Name .................
Address .....................
City .................
Telephone ...................
Items 2 through 6 must be completed by the executor of the decedent's estate, a personal representative, owner's surviving spouse, or surviving heir.
2.
The decedent's name is ..............................
3.
The date of decedent's death was ....................
4.
The decedent's place of residence immediately before his or her death was ........................................
5.
My relationship to the decedent is ..................
______a____________________n______________________v____ 6.
At the time of death, the decedent (had no) (had a) surviving spouse.
The name of the surviving spouse, if any, is ....................., and he or she (has) (has not) remarried.
7.
Show all 75 changed rows (35 more)
Previous
Latest
The following is a list of the cemetery interment rights that may be used by the heirs if the owner is SB1431 Engrossed -3- LRB093 04097 LCB 04137 b deceased:
.............................................................
.............................................................
8.
The following persons have a______________i____________ _____t___ - right to use the cemetery interment rights in the order of their death:
..........................
Address ..........................
..........................
Address ..........................
..........................
Address ..........................
..........................
Address ..........................
..........................
Address ..........................
..........................
Address ..........................
..........................
Address ..........................
9.
This affidavit is made for the purpose of obtaining the consent of the undersigned to transfer the right of interment at the above mentioned cemetery property to the listed heirs.
Affiants agree that they will save, hold harmless, and indemnify Cemetery, its heirs, successors, employees, and assigns, from all claims, loss, or damage whatsoever that may result from relying on this affidavit to record said transfer in its records and allow interments on the basis of the information contained in this affidavit.
WHEREFORE affiant requests Cemetery to recognize the above named heirs-at-law as those rightfully entitled to the _____s___________ use of said interment (spaces) (space).
THE FOREGOING STATEMENT IS MADE UNDER THE PENALTIES OF PERJURY.
(A FRAUDULENT STATEMENT MADE UNDER THE PENALTIES OF PERJURY IS PERJURY AS DEFINED IN THE CRIMINAL CODE OF 1961.) Dated this ........
day of .............., .....
...................
(Seal) (To be signed by the owner or the individual who completes items 2 through 6 above.) Subscribed and sworn to before me, a Notary Public in and for the County and State of ..............
aforesaid this SB1431 Engrossed -4- LRB093 04097 LCB 04137 b ........
day of ..............., .....
............................
Notary Public.
Laws 1961, p.
P.A.
2908.)
92-419, eff.
1-1-02.)
⬇ Download PDF
View plain text versions (2)

Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Third Reading/Final Action Deadline Extended-9(b) May 31, 2003

  4. Committee/3rd Reading Deadline Extended-Rule 9(b); May 23, 2003

  5. Added Alternate Chief Co-Sponsor Rep. Dan Brady

  6. Placed on Calendar Order of 3rd Reading - Short Debate

  7. Second Reading - Short Debate

  8. Placed on Calendar 2nd Reading - Short Debate

  9. Do Pass / Short Debate Judiciary I - Civil Law Committee; 017-000-000

  10. Assigned to Judiciary I - Civil Law Committee

  11. Referred to Rules Committee

  12. First Reading

  13. Chief House Sponsor Rep. Angelo Saviano

  14. Placed on Calendar Order of First Reading

  15. Arrived in House

  16. Third Reading - Passed; 058-000-000

  17. Placed on Calendar Order of 3rd Reading March 26, 2003

  18. Senate Floor Amendment No. 1 Adopted; E. Jones

  19. Second Reading

  20. Senate Floor Amendment No. 1 Be Adopted Executive; 011-000-000

  21. Senate Floor Amendment No. 1 Rules Refers to Executive

  22. Senate Floor Amendment No. 1 Referred to Rules

  23. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Emil Jones, Jr.

  24. Placed on Calendar Order of 2nd Reading March 18, 2003

  25. Do Pass Executive; 008-005-000

  26. Assigned to Executive

  27. Referred to Rules

  28. First Reading

  29. Co-Sponsor Sen. Dave Sullivan

  30. Filed with Secretary by Sen. Emil Jones, Jr.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 50001
Democrat 7000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Silverstein — Yea
Lauzen — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Cronin — Yea
Halvorson — Yea
Link — Yea
Luechtefeld — Yea
Munoz — Yea
Maloney — Yea
Meeks — Yea
Obama — Yea
Brady — Yea
Sullivan, J. — Yea
Petka — Yea
Philip — Yea
Schoenberg — Yea
Shadid — Yea
Jacobs — Yea
Jones, J. — Yea
Jones, W. — Yea
Watson — Yea
Cullerton — Yea
Trotter — Yea
Demuzio — Yea
Viverito — Yea
Winkel — Yea
Sullivan, D. — Not Voting
Wojcik — Yea
Clayborne — Yea
Crotty — Yea
DeLeo — Yea
Dillard — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Woolard — Yea
Peterson — Yea
Radogno — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1431 do?
Amends the Cemetery Protection Act. Makes a technical change in a provision regarding a definition.
Who sponsors SB 1431?
SB 1431 is sponsored by Emil Jones, III (Democrat).
What is the current status of SB 1431?
This bill died with 93rd Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1431?
Track SB 1431 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 1431

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 1431

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →