Burr Oak nightmare could lead to new cemetery legislation

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In the wake of the Burr Oak cemetery saga that has stunned Chicago-area families and touched others around the nation, legislators have called for strict regulations for cemetery owners and Illinois’ comptroller moved to have Burr Oak’s licens

In the wake of the Burr Oak cemetery saga that has stunned Chicago-area families and touched others around the nation, legislators have called for strict regulations for cemetery owners, and Illinois’ comptroller moved to have Burr Oak’s license rescinded and its funds frozen.

State Comptroller Dan Hynes requested on Monday that over $5 million in trust funds held by Arizona-based Perpetua Holdings of Illinois – owners of Burr Oak Cemetery in suburban Alsip and, only a few miles away, Cedar Park Cemetery in Calumet Park – be frozen.

“The fraud and betrayal of consumers by Burr Oak’s employees warrant the revocation of all of Perpetua’s licenses. The cemetery should go into receivership and give it the proper ownership, proper care and dignity it deserves. We need to fix the problems in the regulatory system,” Hynes said.

If Perpetua’s license for Burr Oak is revoked, they would not be able to accept funds for the care of the cemeteries and to conduct pre-need cemetery and funeral sales at Cedar Point.

Hynes said he would work with State Sen. James Meeks, D-15th, and other members of the General Assembly’s Black Caucus to move forward on reform legislation to fix the “holes in the regulatory system.” His office has limited legal authority over cemeteries. While cemeteries register with the comptroller’s office, the office doesn’t license or audit them. State law only requires cemeteries to submit financial documents to the comptroller.

“You’ve got to have a license to drive a car, to operate a bus or to cut somebody’s hair. If you’re going to handle somebody’s remains, you should have a license. There should be some standards. One thing about the law, it can be changed. If there are no regulations today, we can change the law so by this time next year, there are some regulations. We cannot allow this to happen again,” Meeks said.

Hynes proposed legislation Tuesday in Springfield to tighten cemetery regulation, including first-time state licensing for cemeteries and their staff members. Action on the six-part plan could come as early as Wednesday.

The measure would require cemeteries to provide reasonable maintenance, keep detailed records and maps of burials documented with the county recorder of deeds and provide plain-language information to consumers about their rights.

Spencer Leak Sr. of the Leak & Sons Funeral Homes said they and other Black-owned funeral homes and licensed funeral directors would stand together with the families in this tragedy because stricter oversight with cemeteries is needed.

“We’re going to do all in our power to make sure there’s resolution to this tragedy that has taken place at Burr Oak Cemetery,” Leak said.

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In photo: A file cabinet filled with disintegrating burial records from the Burr Oak Cemetery in Alsip is shown at a Tuesday news conference. The cemetery’s records are in such bad shape that officials are fearful that they will never be able to bring complete closure to the hundreds of confused and angry family members that are looking for answers at the historic suburban Chicago cemetery after four people were accused of digging up graves and reselling plots in a moneymaking scheme. (AP Photo/M. Spencer Green)

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