Illinois 93rd Regular Session Status: Enacted

HB 2572 — CEMETERY PROTECTION ACT-TECH

Last action — Public Act . . . . . . . . . 93-0772

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

This bill has been enacted into law. Introduced February 20, 2003. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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

Bill Text

What changed in the latest version

170 added · 96 removed

Plain-language change summary

The updated version of Bill HB 2572 introduces a new section (14.5) that allows cemeteries to correct situations where a burial marker or similar item is encroaching on someone else's burial rights without needing a permit. This change aims to streamline the process for cemeteries to resolve these encroachments promptly, ensuring that grave markers are in their proper locations while keeping families informed within 30 days. Additionally, some language regarding the passing of unused interment rights was removed, which simplifies the rules around ownership transfer and may make it easier for families to navigate these issues. This matters because it helps maintain the integrity of burial sites and eases the administrative burden on cemeteries and families alike.

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HB2572 Engrossed LRB093 04098 LCB 04138 b AN ACT in relation to property.
HB2572 Enrolled LRB093 04098 LCB 04138 b AN ACT in relation to property.
The Cemetery Protection Act is amended by changing Section 16 as follows:
The Cemetery Protection Act is amended by changing Section 16 and by adding Section 14.5 as follows:
(765 ILCS 835/14.5 new) Sec.
14.5.
Correction of encroachment on interment, entombment, or inurnment rights.
(a) Whenever a cemetery becomes aware that there is an encroachment on or in the lawful interment, inurnment, or entombment rights of another, and when the cemetery buried or placed or permitted the burial or placement of the encroaching item in or on these rights, the cemetery may correct the encroachment in accordance with this Section.
This Section shall not apply to, or be utilized in connection with, any eminent domain, quick-take, or other condemnation proceeding that is designed to relocate a cemetery or portion thereof to another location.
(b) When the encroaching item is a marker, monument or memorial that should be placed on or in another interment, inurnment, or entombment right located within the cemetery, or when the item is the foundation or base for any of the foregoing, the cemetery may with reasonable promptness, and without being required to obtain any permit, relocate the item to its proper place.
Notice of the corrective action shall be given no later than 30 days following the correction in accordance with subsection (d) of this Section.
(c) When the encroaching item is a vault, casket, urn, outer burial container, or human remains that should be placed in or on another interment, inurnment, or entombment right located within the cemetery, the cemetery may with reasonable promptness, and without being required to obtain any permit, HB2572 Enrolled - 2 - LRB093 04098 LCB 04138 b relocate the item to its proper place.
Except as otherwise provided in this subsection, notice of the corrective action shall be given no later than 30 days prior to the correction in accordance with subsection (d) of this Section.
When the involved encroachment would, if uncorrected within 30 days, interfere with a scheduled interment, inurnment, or entombment, then the notice shall be given in accordance with subsection (d) of this Section with as much advance notice as reasonably possible or, if advance notice is not reasonably possible, no later than 30 days following the correction.
In the event the correction is to occur in a religious cemetery that, for religious reasons, maintains rules that preclude advance notice of corrections, the notice shall occur no later than 30 days following the correction.
(d) Notice under this Section shall be by certified mail or other delivery method that has a confirmation procedure, in 12-point type, to the owner of any affected interment, inurnment, or entombment right or, when the owner is deceased, to the surviving spouse of the deceased, or if none, any surviving children of the deceased, or if no surviving spouse or children, a parent, brother, or sister of the deceased, or, if failing all of the above, any other listed heir of the deceased in the cemetery records.
In providing notice, the cemetery authority shall exercise due diligence to engage in a reasonable search of available funeral home of record or cemetery records to obtain the current address of the party to be notified.
The notice shall provide a clear statement of the correction taken or to be taken, together with the reasons for the correction, and shall outline a simple process for the notified person to obtain additional information regarding the correction from the cemetery.
When advance notice is required, the notice shall inform the notified party of his or her right to be present for any reinterment, reinurnment, or reentombment, as well as his or her option to object by obtaining an injunction enjoining the contemplated correction.
The cemetery shall maintain for no less than 5 years a record HB2572 Enrolled - 3 - LRB093 04098 LCB 04138 b of any notice provided under this Section.
(e) Nothing in this Section shall make a cemetery financially responsible for the correction of encroachments that are directly or indirectly caused by the owner of an interment, inurnment, or entombment right or by his or her heirs or by an act of God, war, or vandalism.
The cemetery shall be financially responsible for the correction of all other encroachments covered by this Section.
(f) Nothing in this Section shall be construed to limit the liability of any party.
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.
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.
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.
If there is no will or specific bequest then the ownership and 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.
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.
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.
STATE OF ILLINOIS ) ) SS COUNTY OF ....................) HB2572 Engrossed -2- LRB093 04098 LCB 04138 b AFFIDAVIT FOR CEMETERY INTERMENT RIGHTS USE I, .............., being first duly sworn on oath depose and say that:
STATE OF ILLINOIS             ) HB2572 Enrolled - 4 - LRB093 04098 LCB 04138 b                               ) SS COUNTY OF ....................) AFFIDAVIT FOR CEMETERY INTERMENT RIGHTS USE I, .............., being first duly sworn on oath depose and say that:
B.
    B.
C.
    C.
D.
    D.
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.
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.
The decedent's name is ..............................
The decedent’s name is ..............................
The date of decedent's death was ....................
The date of decedent’s death was ....................
The decedent's place of residence immediately before his or her death was ........................................
The decedent’s place of residence immediately before his or her death was ........................................
______a____________________n______________________v____ 6.
and I am authorized to sign and file this affidavit.
6.
The following is a list of the cemetery interment rights that may be used by the heirs if the owner is HB2572 Engrossed -3- LRB093 04098 LCB 04138 b deceased:
The following is a list of the cemetery interment rights that may be used by the heirs if the owner is deceased:
.............................................................
HB2572 Enrolled - 5 - LRB093 04098 LCB 04138 b .............................................................
The following persons have a______________i____________ _____t___ - right to use the cemetery interment rights in the order of their death:
The following persons have an ownership interest in and the a right to use the cemetery interment rights in the order of their death:
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.......................... Address ..........................
Address ..........................
.......................... Address ..........................
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.......................... Address ..........................
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Address ..........................
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Address ..........................
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Address ..........................
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Address ..........................
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Address ..........................
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Address ..........................
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).
WHEREFORE affiant requests Cemetery to recognize the above named heirs-at-law as those rightfully entitled to the ownership of and use of said interment (spaces) (space).
aforesaid this HB2572 Engrossed -4- LRB093 04098 LCB 04138 b ........
aforesaid this ........
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HB2572 Enrolled - 6 - LRB093 04098 LCB 04138 b ............................
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Action History

  1. Public Act . . . . . . . . . 93-0772

  2. Effective Date January 1, 2005

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Floor Amendment No. 1 House Concurs 114-000-000

  7. Senate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Judiciary I - Civil Law Committee; 015-000-000

  8. Added Co-Sponsor Rep. Ronald A. Wait

  9. Added Co-Sponsor Rep. Sidney H. Mathias

  10. Senate Floor Amendment No. 1 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee

  11. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  12. Approved for Consideration Rules Committee; 004-000-000

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

  14. Final Action Deadline Extended-9(b) May 31, 2003

  15. Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee

  16. Senate Floor Amendment No. 1 Motion Filed Concur Rep. Angelo Saviano; Motion #1

  17. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  18. Arrived in House

  19. Third Reading - Passed; 056-001-000

  20. Third Reading Deadline Extended - Rule 2-10, to December 31, 2003.

  21. Added Chief Co-Sponsor Rep. William B. Black

  22. Added Chief Co-Sponsor Rep. Steve Davis

  23. Added Chief Co-Sponsor Rep. James D. Brosnahan

  24. Added Chief Co-Sponsor Rep. Lou Lang

  25. Placed on Calendar Order of 3rd Reading May 16, 2003

  26. Senate Floor Amendment No. 1 Adopted; E. Jones - D. Sullivan

  27. Recalled to Second Reading

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

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

  30. Senate Floor Amendment No. 1 Referred to Rules

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

  32. Placed on Calendar Order of 3rd Reading May 7, 2003

  33. Second Reading

  34. Placed on Calendar Order of 2nd Reading May 6, 2003

  35. Do Pass Executive; 012-000-000

  36. Added as Alternate Chief Co-Sponsor Sen. Dave Sullivan

  37. Assigned to Executive

  38. Referred to Rules

  39. First Reading

  40. Chief Senate Sponsor Sen. Emil Jones, Jr.

  41. Placed on Calendar Order of First Reading April 3, 2003

  42. Arrive in Senate

  43. Third Reading - Short Debate - Passed 115-000-000

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

  45. House Floor Amendment No. 1 Adopted by Voice Vote

  46. Second Reading - Short Debate

  47. House Floor Amendment No. 1 Recommends Be Adopted Judiciary I - Civil Law Committee; 013-000-000

  48. House Floor Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee

  49. Chief Sponsor Changed to Rep. Angelo Saviano

  50. House Floor Amendment No. 1 Referred to Rules Committee

  51. House Floor Amendment No. 1 Filed with Clerk by Rep. Angelo Saviano

  52. Placed on Calendar 2nd Reading - Short Debate

  53. Do Pass / Short Debate Executive Committee; 010-000-000

  54. Added Chief Co-Sponsor Rep. Angelo Saviano

  55. Chief Sponsor Changed to Rep. Michael J. Madigan

  56. Assigned to Executive Committee

  57. Referred to Rules Committee

  58. First Reading

  59. Filed with the Clerk by Rep. Angelo Saviano

Sponsors

  • Angelo Saviano · Cosponsor

Sponsorship breakdown

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

Sponsors (0)

None.

Co-sponsors (1)

  • Angelo Saviano

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

Concurrence, Amendment 1

Passed 114 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 102004
Democrat 9000
Republican 3000
Total 114004
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Soto — Yea
Yarbrough — Yea
Leitch — Yea
Madigan — Yea
Acevedo — Yea
Aguilar — Yea
Bassi — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
McAuliffe — Yea
Coulson — Yea
Hultgren — Yea
Jefferson — Yea
Osmond — Not Voting
Kurtz — Yea
Lang — Yea
Parke — Yea
Lindner — Yea
Mathias — Yea
McCarthy — Yea
Bailey — Yea
McKeon — Yea
Mendoza — Yea
Lyons, Eileen — Yea
Meyer — Yea
Millner — Yea
Reitz — Yea
Lyons, Joseph — Yea
Moffitt — Yea
Molaro — Yea
Scully — Yea
Slone — Yea
Tenhouse — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Burke — Yea
Mitchell, Bill — Yea
Hannig — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Capparelli — Yea
Churchill — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Grunloh — Yea
Hamos — Yea
Hassert — Yea
Krause — Yea
Howard — Yea
Morrow — Yea
Watson — Yea
Mulligan — Yea
Jones — Yea
Munson — Yea
Myers — Yea
Davis, Monique — Yea
Davis, Steve — Not Voting
Nekritz — Yea
Osterman — Yea
Pankau — Yea
Turner — Not Voting
Verschoore — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
Daniels — Yea
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Wait — Yea
Washington — Not Voting
Winters — Yea
Younge — Yea
Phelps — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 56 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 48102
Democrat 7000
Republican 1000
Total 56102
% of votes cast 95%2%0%3%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Soden — Nay
Lauzen — Not Voting
Link — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Meeks — Yea
Halvorson — Yea
Obama — Yea
Radogno — Yea
Silverstein — Yea
Trotter — Yea
Munoz — Yea
Viverito — Yea
Sullivan, D. — Yea
Brady — Yea
Sullivan, J. — Yea
Petka — Yea
Jacobs — Yea
Jones, J. — Yea
Jones, W. — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Haine — Yea
Hendon — Yea
Watson — Yea
Cullerton — Yea
Demuzio — Yea
Luechtefeld — Yea
Maloney — Yea
Schoenberg — Yea
Shadid — Yea
DeLeo — Yea
Dillard — Yea
Garrett — Yea
Geo-Karis — Yea
Winkel — Yea
Wojcik — Yea
Woolard — Yea
Peterson — Yea
Rauschenberger — Not Voting
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 →

Third Reading

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 103003
Democrat 9000
Republican 3000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Scully — Yea
Slone — Yea
Sommer — Yea
Soto — Yea
Acevedo — Yea
Aguilar — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Capparelli — Yea
Mendoza — Yea
Moffitt — Yea
Mulligan — Yea
Graham — Yea
Hartke — Yea
Hassert — Yea
Nekritz — Yea
Jefferson — Yea
Osmond — Yea
McGuire — Yea
Krause — Yea
Madigan — Yea
McKeon — Yea
Meyer — Yea
Millner — Yea
Bradley, Richard — Yea
Molaro — Yea
Brady — Yea
Morrow — Yea
Munson — Yea
Hannig — Yea
Myers — Yea
Mitchell, Bill — Yea
Novak — Yea
Burke — Yea
Mitchell, Jerry — Yea
O'Brien — Yea
Osterman — Yea
Sullivan — Yea
Tenhouse — Yea
Turner — Yea
Verschoore — Yea
Howard — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Watson — Yea
Jones — Yea
Wirsing — Yea
Yarbrough — Yea
Davis, Monique — Yea
Davis, Steve — Yea
Churchill — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
Daniels — Yea
Froehlich — Yea
Giles — Yea
Granberg — Yea
Hamos — Yea
Holbrook — Yea
Hultgren — Yea
Jakobsson — Yea
Kosel — Yea
Leitch — Yea
Lindner — Yea
McAuliffe — Yea
McCarthy — Yea
Lyons, Eileen — Yea
Bailey — Yea
Lyons, Joseph — Yea
Reitz — Yea
Parke — Yea
Phelps — Yea
Pihos — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Forby — Yea
Franks — Yea
Kurtz — Yea
Lang — Yea
Pankau — Yea
Younge — Not Voting
Colvin — Not Voting
Fritchey — Not Voting
Poe — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 2572 do?
Amends the Cemetery Protection Act. Makes a technical change in a provision regarding a definition.
Who sponsors HB 2572?
HB 2572 is sponsored by Angelo Saviano.
What is the current status of HB 2572?
This bill has been enacted into law. Introduced February 20, 2003. Enacted.
Where can I track HB 2572?
Track HB 2572 free on One Click Politics — get push/email alerts when it moves.

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