103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2968

 

Introduced 2/16/2023, by Rep. Christopher "C.D" Davidsmeyer

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 411/5-20

    Amends the Cemetery Oversight Act. Provides that a cemetery with an all-volunteer board and an annual budget of less than $100,000 shall be partially exempt from the requirements of this Act. Provides that a cemetery that falls under this category shall make available and periodically update maps of the cemetery property that include locations of the graves of individuals in the cemetery; post signs in English and Spanish in each cemetery office that contain the Department of Financial and Professional Regulation's consumer hotline number, but does not need certain other signs; and post the hours and rules of the cemetery. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cemetery Oversight Act is amended by
5changing Section 5-20 as follows:
 
6    (225 ILCS 411/5-20)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 5-20. Exemptions.
9    (a) Full exemption. Except as provided in this subsection,
10this Act does not apply to (1) any cemetery authority
11operating as a family burying ground or religious burying
12ground, (2) any cemetery authority that has not engaged in an
13interment, inurnment, or entombment of human remains within
14the last 10 years, or (3) any cemetery authority that is less
15than 3 acres. For purposes of determining the applicability of
16this subsection, the number of interments, inurnments, and
17entombments shall be aggregated for each calendar year. A
18cemetery authority claiming a full exemption shall apply for
19exempt status as provided for in Section 10-20 of this Act. A
20cemetery authority claiming a full exemption shall be subject
21to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery
22authority that performs activities that would disqualify it
23from a full exemption is required to apply for licensure

 

 

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1within one year following the date on which its activities
2would disqualify it for a full exemption. A cemetery authority
3that previously qualified for and maintained a full exemption
4that fails to timely apply for licensure shall be deemed to
5have engaged in unlicensed practice and shall be subject to
6discipline in accordance with Article 25 of this Act.
7    (b) Partial exemption. If a cemetery authority does not
8qualify for a full exemption and (1) engages in 25 or fewer
9interments, inurnments, or entombments of human remains for
10each of the preceding 2 calendar years, (2) operates as a
11public cemetery, or (3) operates as a religious cemetery, then
12the cemetery authority is partially exempt from this Act but
13shall be required to comply with Sections 10-23, 10-40, 10-55,
1410-60, subsections (a), (b), (b-5), (c), (d), (f), (g), and
15(h) of Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30,
1620-35, 20-40, 25-3, and 25-120, and Article 35 of this Act.
17Cemetery authorities claiming a partial exemption shall apply
18for the partial exemption as provided in Section 10-20 of this
19Act. A cemetery authority that changes to a status that would
20disqualify it from a partial exemption is required to apply
21for licensure within one year following the date on which it
22changes its status. A cemetery authority that maintains a
23partial exemption that fails to timely apply for licensure
24shall be deemed to have engaged in unlicensed practice and
25shall be subject to discipline in accordance with Article 25
26of this Act.

 

 

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1    (b-5) A cemetery with an all-volunteer board and an annual
2budget of less than $100,000 shall be partially exempt from
3the requirements of this Act. A cemetery that falls under this
4category shall:
5        (1) make available and periodically update maps of the
6    cemetery property that include locations of the graves of
7    individuals in the cemetery;
8        (2) post signs in English and Spanish in each cemetery
9    office that contain the Department's consumer hotline
10    number, but does not need the other signage requirements
11    under Section 20-30; and
12        (3) post the hours and rules of the cemetery.
13    (c) Nothing in this Act applies to the City of Chicago in
14its exercise of its powers under the O'Hare Modernization Act
15or limits the authority of the City of Chicago to acquire
16property or otherwise exercise its powers under the O'Hare
17Modernization Act, or requires the City of Chicago, or any
18person acting on behalf of the City of Chicago, to comply with
19the licensing, regulation, or investigation requirements of
20this Act in exercising its powers under the O'Hare
21Modernization Act.
22    (d) A cemetery manager and customer service employee
23license may be in active status only during the period that
24such a licensee is employed by a cemetery authority that is
25licensed under this Act. In the event that a cemetery manager
26or customer service employee commences work for a cemetery

 

 

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1granted an exemption under this Section, it shall be a duty of
2both the cemetery authority and the individual licensee to
3immediately notify the Department so that the license may be
4placed on inactive status. During the period that a license is
5in inactive status, the involved person may not hold himself
6or herself out as licensed. Upon returning to employment by a
7cemetery licensed under this Act, such a cemetery manager or
8customer service employee may reinstate the license to active
9status simply by notifying the Department and paying the
10applicable fee.
11(Source: P.A. 102-20, eff. 6-25-21.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.