Full Text of SB3065 96th General Assembly
SB3065 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3065
Introduced 2/8/2010, by Sen. Donne E. Trotter SYNOPSIS AS INTRODUCED: |
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Amends the Cemetery Oversight Act. Makes a technical change in a Section concerning transition.
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A BILL FOR
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SB3065 |
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LRB096 19278 ASK 34669 b |
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| AN ACT concerning cemeteries.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Cemetery Oversight Act is amended by | 5 |
| changing Section 75-55 as follows: | 6 |
| (225 ILCS 411/75-55) | 7 |
| (Section scheduled to be repealed on January 1, 2021)
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| Sec. 75-55. Transition.
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| (a) Within 60 days after the the effective date of this | 10 |
| Act, the Comptroller shall provide the Department copies of | 11 |
| records in the Comptroller's possession pertaining to the | 12 |
| Cemetery Care Act and the Crematory Regulation Act that are | 13 |
| necessary for the Department's immediate responsibilities | 14 |
| under this Act. All other records pertaining to the Cemetery | 15 |
| Care Act and the Crematory Regulation Act shall be transferred | 16 |
| to the Department by March 1, 2012. In the case of records that | 17 |
| pertain both to the administration of the Cemetery Care Act or | 18 |
| the Crematory Regulation Act and to a function retained by the | 19 |
| Comptroller, the Comptroller, in consultation with the | 20 |
| Department, shall determine, within 60 days after the repeal of | 21 |
| the Cemetery Care Act, whether the records shall be | 22 |
| transferred, copied, or left with the Comptroller; until this | 23 |
| determination has been made the transfer shall not occur. |
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LRB096 19278 ASK 34669 b |
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| (b) A person licensed under one of the Acts listed in | 2 |
| subsection (a) of this Section or regulated under the Cemetery | 3 |
| Association Act shall continue to comply with the provisions of | 4 |
| those Acts until such time as the person is licensed under this | 5 |
| Act or those Acts are repealed or the amendatory changes made | 6 |
| by this amendatory Act of the 96th General Assembly take | 7 |
| effect, as the case may be, whichever is earlier. | 8 |
| (c) To support the costs that may be associated with | 9 |
| implementing and maintaining a licensure and regulatory | 10 |
| process for the licensure and regulation of cemetery | 11 |
| authorities, cemetery managers, customer service employees, | 12 |
| and cemetery workers, all cemetery authorities not maintaining | 13 |
| a full exemption or partial exemption shall pay a one-time fee | 14 |
| of $20 to the Department plus an additional charge of $1 per | 15 |
| burial unit per year within the cemetery. The Department may | 16 |
| establish forms for the collection of the fee established under | 17 |
| this subsection and shall deposit such fee into the Cemetery | 18 |
| Oversight Licensing and Disciplinary Fund. The Department may | 19 |
| begin to collect the aforementioned fee after the effective | 20 |
| date of this Act. In addition, the Department may establish | 21 |
| rules for the collection process, which may include, but shall | 22 |
| not be limited to, dates, forms, enforcement, or other | 23 |
| procedures necessary for the effective collection, deposit, | 24 |
| and
overall process regarding this Section. | 25 |
| (d) Any cemetery authority that fails to pay to the | 26 |
| Department the required fee or submits the incorrect amount |
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LRB096 19278 ASK 34669 b |
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| shall be subject to the penalties provided for in Section | 2 |
| 25-110 of this Act. | 3 |
| (e) Except as otherwise specifically provided, all fees, | 4 |
| fines, penalties, or other moneys received or collected | 5 |
| pursuant to this Act shall be deposited in the Cemetery | 6 |
| Oversight Licensing and Disciplinary Fund. | 7 |
| (f) All proportionate funds held in the Comptroller's | 8 |
| Administrative Fund related to unexpended moneys collected | 9 |
| under the Cemetery Care Act and the Crematory Regulation Act | 10 |
| shall be transferred to the Cemetery Oversight Licensing and | 11 |
| Disciplinary Fund within 60 days after the effective date of | 12 |
| the repeal of the Cemetery Care Act. | 13 |
| (g) Personnel employed by the Comptroller on February 29, | 14 |
| 2012, to perform the duties pertaining to the administration of | 15 |
| the Cemetery Care Act and the Crematory Regulation Act, are | 16 |
| transferred to the Department on March 1, 2012. | 17 |
| The rights of State employees, the State, and its agencies | 18 |
| under the Comptroller Merit Employment Code and applicable | 19 |
| collective bargaining agreements and retirement plans are not | 20 |
| affected under this Act, except that all positions transferred | 21 |
| to the Department shall be subject to the Personnel Code | 22 |
| effective March 1, 2012. | 23 |
| All transferred employees who are members of collective | 24 |
| bargaining units shall retain their seniority, continuous | 25 |
| service, salary, and accrued benefits. During the pendency of | 26 |
| the existing collective bargaining agreement, the rights |
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| provided for under that agreement shall not be abridged. | 2 |
| The Department shall continue to honor during their | 3 |
| pendency all bargaining agreements in effect at the time of the | 4 |
| transfer and to recognize all collective bargaining | 5 |
| representatives for the employees who perform or will perform | 6 |
| functions transferred by this Act. For all purposes with | 7 |
| respect to the management of the existing agreement and the | 8 |
| negotiation and management of any successor agreements, the | 9 |
| Department shall be deemed the employer of employees who | 10 |
| perform or will perform functions transferred to the Department | 11 |
| by this Act.
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| (Source: P.A. 96-863, eff. 3-1-10.)
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