The main points of the bill are to:
- Require providers of funeral goods and services to provide accurate prices to consumers before the transaction
- Require providers to ‘unbundle’ services so that consumers can buy only the services and merchandise they want from the cemetery and are free to make purchases from retail vendors.
- Require providers to disclose consumer rights, rules and regulations before the transaction.
- Require providers to keep detailed records of all burial transactions and locations, and to make the records available to regulators upon request.
- Require providers to be truthful about laws and regulations
This bill was introduced after an investigation at a Chicago cemetery, Burr Oak, revealed that several hundred graves may have been dug up and resold. The executive director of the Funeral Consumers’ Alliance, Joshua Slocum testified before legislators that while the Funeral Rule of 1984 has certainly helped consumers make educated choices when dealing with a funeral home, more and more grieving families are making funeral arrangements without the services of a funeral home and are in need of protections for the whole funeral process.
The state of Chicago has been very proactive in its response to the Burr Oak incident, passing the Cemetery Oversight Act, which provides a Consumer Bill of Rights for cemetery customers. The act was signed into law January 17 and took effect March 1 and includes a toll-free hotline for any consumer wishing to file a complaint against a cemetery. Much like the bill proposed by Rep. Rush, it provides a rigorous regulatory structure for cemeteries and providers of funeral services under the Illinois Department of Financial and Professional Regulations.
