101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1244

 

Introduced 2/6/2019, by Sen. Christopher Belt - Rachelle Crowe

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 411/5-20
225 ILCS 411/20-13 new

    Amends the Cemetery Oversight Act. Provides that no cemetery authority shall charge a consumer an amount exceeding $500 for the placement of a headstone or memorial marker that is provided for a United States Veteran by the United States Government. Defines "placement". Makes related changes to provide that a cemetery authority claiming a partial exemption under the Act shall be required to comply with this requirement. Effective immediately.


LRB101 10578 AMC 55684 b

 

 

A BILL FOR

 

SB1244LRB101 10578 AMC 55684 b

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 and by adding Section 20-13 as follows:
 
6    (225 ILCS 411/5-20)
7    (Section scheduled to be repealed on January 1, 2021)
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 operating
11as a family burying ground or religious burying ground, (2) any
12cemetery authority that has not engaged in an interment,
13inurnment, or entombment of human remains within the last 10
14years, or (3) any cemetery authority that is less than 3 acres.
15For purposes of determining the applicability of this
16subsection, 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 within

 

 

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1one year following the date on which its activities would
2disqualify it for a full exemption. A cemetery authority that
3previously qualified for and maintained a full exemption that
4fails to timely apply for licensure shall be deemed to have
5engaged 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), and (h) of
15Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-13, 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 for
21licensure 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 of
26this Act.

 

 

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1    (c) Nothing in this Act applies to the City of Chicago in
2its exercise of its powers under the O'Hare Modernization Act
3or limits the authority of the City of Chicago to acquire
4property or otherwise exercise its powers under the O'Hare
5Modernization Act, or requires the City of Chicago, or any
6person acting on behalf of the City of Chicago, to comply with
7the licensing, regulation, investigation, or mediation
8requirements of this Act in exercising its powers under the
9O'Hare Modernization Act.
10(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
11    (225 ILCS 411/20-13 new)
12    Sec. 20-13. Veterans; headstones and memorial markers. No
13cemetery authority shall charge a consumer an amount exceeding
14$500 for the placement of a headstone or memorial marker that
15is provided for a United States Veteran by the United States
16Government pursuant to Section 2306 of Title 38 of the United
17States Code. For the purposes of this Section, "placement"
18means the installation of a headstone or memorial marker,
19including, without limitation, labor, materials, machinery,
20tools, and equipment.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.