HB 1571

Abstract

Amends the Vital Records Act. Provides that an injunction enjoining the issuance of a permit to disinter human remains shall issue only when the person seeking the injunction has rights superior to the person seeking the permit to disinter. Provides that if a person seeking an injunction does not have rights superior to the person seeking the permit to disinter, a court of competent jurisdiction may award costs to the person seeking the permit to disinter, if the court makes a finding that the action seeking the injunction was brought in bad faith. Amends the Disposition of Remains Act. Provides that if a court finds that a person has filed or opposed an action relating to the person's right to control disposition, the court may award costs against the person it finds has acted in bad faith. Amends the Cemetery Protection Act. Provides that any bylaws, rules, and regulations made by the cemetery authority for the government thereof are effective if made publicly available through continuous publication on the cemetery authority's website or on the cemetery authority's social media page. Requires a cemetery authority that does not maintain a website or social media page to provide a copy of the bylaws, rules, and regulations to each person prior to or contemporaneous with the cemetery authority's presentment of any contract or legal agreement for services in relation to the cemetery. Provides that the amendatory Act may be referred to as the Michael Bauer Memorial Act. House Floor Amendment No. 1 Deletes reference to: 755 ILCS 65/5 Adds reference to: 225 ILCS 411/10-23 225 ILCS 411/20-5 Replaces everything after the enacting clause. Provides that the amendatory Act may be referred to as the Michael Bauer Memorial Act. Amends the Cemetery Oversight Act. In the Code of Professional Conduct and Ethics, provides that licensed cemetery authorities shall have clear and specific cemetery rules and regulations and apply them equally to all consumers and individuals served (rather than families served). Provides that a cemetery authority shall make publicly available (rather than available for inspection and, upon reasonable request and the payment of a reasonable copying fee, provide) a copy of its bylaws, rules, and regulations (rather than rules and regulations) through continuous publication on an Internet website or social media page or, if it does not have a website or social media page, provide a copy to each person either prior to or contemporaneous with the cemetery authority's or its representative's presentment of any contract or legal agreement for services in relation to the cemetery or within 5 days of such a person's request. Provides that a cemetery authority shall make available for viewing and provide a copy of its current prices of disinterment. Amends the Vital Records Act. Provides that, if a court finds that a party to a disinterment dispute has acted in bad faith, the court may, in its sole discretion, award costs, including reasonable attorney's fees, against the person it finds has acted in bad faith. Makes conforming changes in the Disposition of Remains Act and the Cemetery Protection Act. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Removes references to the terms "bylaws" and "by-laws". Senate Committee Amendment No. 2 Deletes reference to: 410 ILCS 535/21 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Deletes the changes made to the Vital Records Act. Removes references to the terms "bylaws" and "by-laws". In the Cemetery Protection Act: Requires the rules and regulations to be made publicly available through continuous publication on an Internet website or social media page that the cemetery authority maintains, operates, or uses. Provides that if a cemetery authority does not maintain, operate, or use an Internet website or social media page, the cemetery authority must provide a consumer with either an email or paper copy of the rules and regulations at the execution of a contract or within 5 business days of request thereof. Allows a cemetery authority to charge a reasonable copying fee in exchange for a paper copy of the cemetery authority's rules and regulations.