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7/27/09 - HYNES TESTIFIES BEFORE CONGRESSIONAL PANEL ON NEED FOR CEMETERY OVERSIGHT

Chicago – Comptroller Dan Hynes Monday told a Congressional panel that is investigating the need for stronger oversight of the death care industry that cemeteries operate in a "regulatory vacuum" in Illinois and that state legislation of the type he has proposed is needed to better protect consumers. "I realize that criminals are often times not deterred by the laws that we pass," Hynes told members of a subcommittee of the House Energy and Commerce Committee, chaired by U.S. Rep. Bobby Rush, (D-Ill.). "But, I believe that adequate regulations and consumer protections can reduce the chances that we will ever have to deal with another tragedy on the scale of Burr Oak Cemetery." Hynes said his office worked with Rainbow PUSH, the Cook County State’s Attorney, Sheriff and Recorder of Deeds, individual legislators, legislative staff and others over the last month to pass comprehensive legislation to regulate cemeteries, but that the effort was blocked, "largely, I believe, by the influence of special interests at our state capitol."

The legislation would require all cemeteries and their staff who sell cemetery plots and other goods to be licensed; cemeteries would be required to provide reasonable maintenance; cemeteries would be required to keep detailed burial records and maps, file a copy of those records with the county recorder of deeds and provide the information to consumers. Also, funeral directors would need to provide specific information about burial locations and that information would have to be available on the death certificate on file at the county clerk’s office; and the minimum threshold for the state’s allowance for indigent burials would be increased, and provide for a cost of living increase every fiscal year. In addition, the legislation would extend crime victims assistance eligibility to family members of those who are victims of the crimes charged at Burr Oak Cemetery pursuant to the Crime Victims Compensation Act.

"The tragic events at Burr Oak Cemetery serve as the touchstone and a focal point for those of us in public service," Hynes told the committee. "It provides a perspective and an orientation that has truly reshaped the debate at every level of government on the regulation of the death care industry. The public and policy makers are now acutely aware of the gaps in the current regulatory system."

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