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Sen. Adriane Johnson
Filed: 4/7/2022
| | 10200HB4342sam001 | | LRB102 22472 RJT 38750 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4342
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4342 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Burial Rights Act is amended by changing |
| 5 | | Section 1 as follows:
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| 6 | | (820 ILCS 135/1) (from Ch. 21, par. 101)
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| 7 | | Sec. 1.
(a) Every contract, agreement or understanding |
| 8 | | between a cemetery
authority and a cemetery workers' |
| 9 | | association which totally prohibits burials
of human remains |
| 10 | | or prohibits in any manner dedications of monuments or |
| 11 | | headstones, family visitations, or visitations to veterans |
| 12 | | memorials on Sundays or legal holidays shall be deemed to be |
| 13 | | void
as against public policy and wholly unenforceable.
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| 14 | | (b) Nothing in this Section shall prohibit a cemetery |
| 15 | | authority and a
cemetery workers' association from entering |
| 16 | | into a contract, agreement or
understanding which limits |
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| | 10200HB4342sam001 | - 2 - | LRB102 22472 RJT 38750 a |
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| 1 | | Sunday or holiday burials of human remains to
decedents who |
| 2 | | were members of religious sects whose tenets or beliefs |
| 3 | | require
burials within a specified period of time and whose |
| 4 | | deaths occurred at such
times as to necessitate Sunday or |
| 5 | | holiday burials. Such contract, agreement
or understanding may |
| 6 | | provide that a funeral director notify the cemetery
authority |
| 7 | | within a reasonable time when a Sunday or holiday burial or |
| 8 | | dedication of a monument or headstone is necessitated
by |
| 9 | | reason of the decedent's religious tenets or beliefs.
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| 10 | | (c) It shall be unlawful for any person to restrain, |
| 11 | | prohibit or interfere
with the burial of a decedent whose time |
| 12 | | of death and religious tenets or
beliefs necessitate burial on |
| 13 | | a Sunday or legal holiday or prohibit in any manner |
| 14 | | dedications of monuments or headstones, family visitations, or |
| 15 | | visitations to veterans memorials on a Sunday or legal |
| 16 | | holiday.
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| 17 | | (d) A violation of this Section is a Class A misdemeanor.
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| 18 | | (e) For the purposes of this Act, "cemetery authority" |
| 19 | | shall have the meaning
ascribed to it in Section 2 of the |
| 20 | | Cemetery Care Act or the Cemetery Oversight Act, whichever is |
| 21 | | applicable; and "cemetery workers'
association" means an |
| 22 | | organization of workers who are employed by cemetery
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| 23 | | authorities to perform the task of burying human remains or |
| 24 | | transporting
remains to cemeteries or other places of |
| 25 | | interment, and who join together
for collective bargaining |
| 26 | | purposes or to negotiate terms and conditions of employment.
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