HB 4934

Abstract

Amends the Human Remains Protection Act. Provides that if remains that are over 100 years old are identified as veteran's remains, the Department of Natural Resources shall permit a veterans' organization to place a marker to designate that grave, if not already designated, as the grave of a veteran. Provides that if the grave is damaged or destroyed, the veterans' organization may fix, add, install, or refurbish the grave or replace a broken or damaged headstone. Before the veterans' organization may repair, refurbish, place a marker, or otherwise repair a broken headstone on the grave, the veterans' organization must make a good faith effort to contact the next of kin of the person whose grave has been identified and receive no response from the next of kin within a reasonable period of time as determined by the Department, by rule. Provides that the Department shall, by rule, determine what relationship to a person whose grave has been identified as a veteran's grave must be contacted by the veterans' organization. House Floor Amendment No. 1 Deletes reference to: 20 ILCS 3440/1 20 ILCS 3440/3.5 20 ILCS 3440/13 Adds reference to: 765 ILCS 835/.01 from Ch. 21, par. 14.01 765 ILCS 835/1 from Ch. 21, par. 15 765 ILCS 835/17 new Replaces everything after the enacting clause. Amends the Cemetery Protection Act. Defines "veteran" and "veterans' organization". Provides that if a veterans' organization has identified human remains of a veteran that are more than 100 years old and wishes to have a marker placed to designate the grave as that of a veteran, a cemetery authority may allow such memorialization without permission of the decedent's heirs. Provides that all costs for memorialization including the marker, its installation, and any removal of or repair to a previous marker that is damaged shall be entirely borne by the veterans' organization. Prohibits human remains from being disturbed in this process. Requires permission from the cemetery authority and compliance with the rules and regulations and any collective bargaining agreement of the involved cemetery. Requires the veterans' organization to first make a good faith effort to contact the decedent's next of kin, and if there is no response within 120 days, the process may proceed. Provides that if any heir of a decedent later objects to memorialization, the sole remedy is the removal of the involved marker at the expense of the involved veterans' organization unless the veterans' organization no longer exists or is without funds, in which case removal shall be at the expense of the heir. Prohibits any monetary damages or any other equitable relief or penalties against the cemetery authority, cemetery, or veterans' association. Senate Floor Amendment No. 1 Defines "not-for-profit corporation" as that term is used in the General Not For Profit Corporation Act of 1986. Provides that a not-for-profit corporation may identify human remains of a veteran under the Cemetery Protection Act.