CEMETERY CARE-CARE FUNDS Senate SponsorsSen. Emil Jones, III-Mattie Hunter-Donne E. Trotter-Rickey R. Hendon-Jacqueline Y. Collins and Toi W. Hutchinson House Sponsors(Rep. Monique D. Davis-Michael J. Madigan-Kenneth Dunkin-Dan Brady-Lou Lang, Paul D. Froehlich, Michael J. Zalewski, Deborah Mell, Constance A. Howard, Arthur L. Turner, Mary E. Flowers, Robert Rita, Karen A. Yarbrough, Careen M. Gordon, Charles E. Jefferson, Kevin Joyce, Luis Arroyo, Cynthia Soto, Elizabeth Hernandez and Eddie Washington) 1/12/2011SenateSession Sine Die 760 ILCS 100/12.1 new760 ILCS 100/14from Ch. 21, par. 64.14Amends the Cemetery Care Act to require a cemetery association holding $75,000 or less in its care funds to file a report with the Comptroller in lieu of other annual report requirements and to require that the Comptroller examine at least annually every licensee who holds $750,000 or more (now, $250,000 or more) in its care funds. Effective immediately.House Committee Amendment No. 1 Deletes reference to:760 ILCS 100/12.1 new760 ILCS 100/14from Ch. 21, par. 64.14Adds reference to:760 ILCS 100/2afrom Ch. 21, par. 64.2aReplaces everything after the enacting clause. Amends the Cemetery Care Act. Makes a technical change in a Section concerning powers and duties of cemetery authorities.Correctional Note, House Floor Amendment No. 2 (Dept of Corrections) SB 1471 (H-AM 2) has no fiscal impact or population impact on the Department. Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) SB 1471 (H-AM 2) does not pre-empt home rule authority.State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) SB 1471 (H-AM 2) does not create a State mandate under the State Mandates Act.Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1471 (H-AM 2) will not impact any public pension fund or retirement system in Illinois.State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 1471 (H-AM 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Fiscal Note, House Floor Amendment No. 2 (Financial & Professional Regulation) SB 1471 (H-AM 2) will have a fiscal impact of approximately $9,086,031 to the Department of Financial and Professional Regulation.House Floor Amendment No. 3 Deletes reference to:760 ILCS 100/2aAdds reference to:New Act5 ILCS 80/8.31 new20 ILCS 3440/1from Ch. 127, par. 266130 ILCS 105/5.755 new410 ILCS 18/5410 ILCS 18/7 new410 ILCS 18/10410 ILCS 18/11410 ILCS 18/11.5410 ILCS 18/13410 ILCS 18/20410 ILCS 18/22410 ILCS 18/25410 ILCS 18/40410 ILCS 18/55410 ILCS 18/60410 ILCS 18/62410 ILCS 18/62.5410 ILCS 18/62.10410 ILCS 18/62.15410 ILCS 18/62.20410 ILCS 18/65410 ILCS 18/80410 ILCS 18/85 new410 ILCS 18/87 new410 ILCS 18/88 new410 ILCS 18/89 new410 ILCS 18/90 new410 ILCS 18/91 new410 ILCS 18/92 new410 ILCS 18/93 new410 ILCS 18/94 new410 ILCS 18/95 new410 ILCS 535/11from Ch. 111 1/2, par. 73-11410 ILCS 535/18.5735 ILCS 30/15-5-40740 ILCS 45/2from Ch. 70, par. 72760 ILCS 90/2from Ch. 21, par. 32760 ILCS 95/2from Ch. 21, par. 64765 ILCS 835/.01from Ch. 21, par. 14.01765 ILCS 835/1from Ch. 21, par. 15765 ILCS 835/8from Ch. 21, par. 21.1815 ILCS 505/2Zfrom Ch. 121 1/2, par. 262Z820 ILCS 135/1from Ch. 21, par. 101820 ILCS 135/2.3760 ILCS 100/Act rep.805 ILCS 320/16 rep.805 ILCS 320/16.5 rep.805 ILCS 320/17 rep.805 ILCS 320/18 rep.805 ILCS 320/19 rep.805 ILCS 320/20 rep.805 ILCS 320/Act rep.225 ILCS 41/1-10225 ILCS 41/Art. 12 heading new225 ILCS 41/12-5 new225 ILCS 41/12-10 new225 ILCS 41/12-15 new225 ILCS 41/12-20 new225 ILCS 41/15-50225 ILCS 41/15-60225 ILCS 41/15-75Replaces everything after the enacting clause. Creates the Cemetery Oversight Act. Provides for licensure of cemetery authorities, cemetery managers, and customer service employees and provides for registration of employees of a licensed cemetery authority by the Department of Financial and Professional Regulation. Includes provisions concerning findings, public policy, definitions, powers and duties of the Department, licensure, exemptions, grounds for discipline, civil and criminal penalties, administrative procedure, trust funds, business practices, cemetery associations, and consumer rights. Amends the Regulatory Sunset Act to provide for repeal of the Crematory Regulation Act and the Cemetery Oversight Act on January 1, 2021. Amends the State Finance Act. Creates the Cemetery Oversight Licensing and Disciplinary Fund. Amends the Crematory Regulation Act. Provides that the Department is responsible for enforcing the Act (now, the Office of the Comptroller). Makes changes in provisions concerning definitions, establishment of a crematory and licensing of a crematory authority, discipline, revocation and suspension of a license, authorization to cremate, performance of and training for a cremation service, recordkeeping, penalties, annual reports, investigations, testimony, administrative review, and pre-need cremation arrangements. Adds administrative provisions, including penalties, and home rule provisions. Amends the Vital Records Act. Provides that the burial permit shall include the place of disposition, and if the place is a cemetery, shall also specify the lot, block, section, and plot where the human dead body or cremated remains are located. Requires the State Registrar to implement an electronic reporting system that the Department of Financial and Professional Regulation shall have access to in order to enhance enforcement of the Cemetery Oversight Act. Amends the Crime Victims Compensation Act. Provides that the definition of "victim" shall also mean the immediate family of a deceased person whose body is dismembered in violation of the Criminal Code of 1961. Amends the Cemetery Protection Act. Changes definition of "cemetery authority". Provides new criminal penalties for certain violations of the Act. Provides that no cemetery company or other legal entity conducting or maintaining any public or private cemetery may deny burial space to any person based on his or her race, creed, marital status, sex, national origin, or color. Provides that cemeteries or burial grounds may designate parts for specific use by persons whose religious code requires isolation. Further provides that religious institution cemeteries may limit burials to members of the religious institution and their families. Makes other changes. Amends the Burial Rights Act. Provides that "cemetery authority", "interment rights", "entombment rights", and "inurnment rights" shall have the same meaning ascribed to it in the Cemetery Oversight Act (now, the Cemetery Care Act). Repeals the Cemetery Association Act and the Cemetery Care Act. Changes references to the Comptroller in various Acts to the Department of Financial and Professional Regulation. Amends the Funeral Directors and Embalmers Licensing Code to provide for the licensure of customer service employees of a funeral home. Makes other changes. Effective January 1, 2010, except some parts effective March 1, 2010, some parts effective July 1, 2011, and some parts effective immediately.Fiscal Note, House Floor Amendment No. 3 (Office of the Comptroller) While SB 1471 (H-AM 3) transfers the functions of the Comptroller under the Crematory Regulation Act and the Cemetery Care Act, the Comptroller's responsibilities under the Funeral or Burial Funds Act and the Illinois Pre-Need Cemetery Sales Act remain intact. Therefore, the amount of appropriation authority that would need to be transferred cannot be yet estimated. The legislation further provides that the Department of Financial and Professional Regulation may impose fees and collect fines for violations, the proceeds of which will be deposited in the newly created Cemetery Oversight Licensing and Disciplinary Fund. Since the legislation provides that the Department may set the fees and fines by rule, it us unknown how much could be deposited in the Fund.Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts) Based on a review of SB 1471 (H-AM 2) it has been determined that the bill would neither increase nor decrease the number of judges needed in the State. 2/18/2009SenateFiled with Secretary by Sen. John O. Jones 2/18/2009SenateChief Co-Sponsor Sen. Gary Forby 2/18/2009SenateFirst Reading 2/18/2009SenateReferred to Assignments 2/25/2009SenateAssigned to State Government and Veterans Affairs 3/6/2009SenateDo Pass State Government and Veterans Affairs; 009-000-000 3/6/2009SenatePlaced on Calendar Order of 2nd Reading March 10, 2009 3/24/2009SenateSecond Reading 3/24/2009SenatePlaced on Calendar Order of 3rd Reading March 25, 2009 3/26/2009SenateThird Reading - Passed; 057-000-000 3/26/2009HouseArrived in House 3/26/2009HousePlaced on Calendar Order of First Reading 3/26/2009HouseChief House Sponsor Rep. Lisa M. Dugan 3/26/2009HouseFirst Reading 3/26/2009HouseReferred to Rules Committee 4/14/2009HouseAssigned to Executive Committee 5/8/2009HouseRule 19(a) / Re-referred to Rules Committee 9/30/2009HouseFinal Action Deadline Extended-9(b) November 30, 2009 9/30/2009HouseAssigned to Executive Committee 10/14/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Executive Committee 10/14/2009HouseHouse Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote 10/14/2009HouseDo Pass as Amended / Short Debate Executive Committee; 009-002-000 10/14/2009HousePlaced on Calendar 2nd Reading - Short Debate 10/14/2009HouseAlternate Chief Sponsor Changed to Rep. Monique D. Davis 10/14/2009HouseSecond Reading - Short Debate 10/14/2009HouseHeld on Calendar Order of Second Reading - Short Debate 10/16/2009SenateChief Sponsor Changed to Sen. Emil Jones, III 10/26/2009SenateSponsor Removed Sen. Gary Forby 10/27/2009HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Michael J. Madigan 10/27/2009HouseHouse Floor Amendment No. 2 Referred to Rules Committee 10/27/2009HouseHouse Floor Amendment No. 2 Rules Refers to Executive Committee 10/28/2009HouseHouse Floor Amendment No. 2 Recommends Be Adopted Executive Committee; 008-003-000 10/28/2009HouseHouse Floor Amendment No. 2 Fiscal Note Requested as Amended by Rep. William B. Black 10/28/2009HouseHouse Floor Amendment No. 2 Home Rule Note Requested as Amended by Rep. William B. Black 10/29/2009HouseHouse Floor Amendment No. 2 Correctional Note Filed as Amended 10/29/2009HouseAdded Alternate Chief Co-Sponsor Rep. Kenneth Dunkin 10/29/2009HouseAdded Alternate Chief Co-Sponsor Rep. Dan Brady 10/29/2009HouseHouse Floor Amendment No. 2 Home Rule Note Filed as Amended 10/29/2009HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Filed as Amended 10/29/2009HouseHouse Floor Amendment No. 2 Pension Note Filed as Amended 10/29/2009HouseHouse Floor Amendment No. 2 State Debt Impact Note Filed as Amended 10/29/2009HouseHouse Floor Amendment No. 2 Fiscal Note Filed as Amended 10/29/2009HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Michael J. Madigan 10/29/2009HouseHouse Floor Amendment No. 3 Referred to Rules Committee 10/29/2009HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-001-000 10/29/2009HouseAdded Alternate Co-Sponsor Rep. Lou Lang 10/29/2009HouseAdded Alternate Co-Sponsor Rep. Paul D. Froehlich 10/29/2009HouseAdded Alternate Co-Sponsor Rep. Michael J. Zalewski 10/29/2009HouseAdded Alternate Co-Sponsor Rep. Deborah Mell 10/29/2009HouseAdded Alternate Co-Sponsor Rep. Constance A. Howard 10/29/2009HouseAdded Alternate Co-Sponsor Rep. Arthur L. Turner 10/29/2009HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers 10/29/2009HouseAdded Alternate Co-Sponsor Rep. Robert Rita 10/29/2009HouseAdded Alternate Co-Sponsor Rep. Karen A. Yarbrough 10/29/2009HouseAdded Alternate Co-Sponsor Rep. Careen M. Gordon 10/29/2009HouseAdded Alternate Co-Sponsor Rep. Charles E. Jefferson 10/29/2009HouseAdded Alternate Co-Sponsor Rep. Kevin Joyce 10/29/2009HouseHouse Floor Amendment No. 3 Fiscal Note Requested as Amended by Rep. William B. Black 10/29/2009HouseHouse Floor Amendment No. 3 Fiscal Note Filed as Amended 10/29/2009HouseHouse Floor Amendment No. 2 Withdrawn by Rep. Michael J. Madigan 10/29/2009HouseHouse Floor Amendment No. 3 Adopted 079-037-000 10/29/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate 10/29/2009House3/5 Vote Required 10/29/2009HouseThird Reading - Short Debate - Passed 089-027-000 10/29/2009HouseAdded Alternate Co-Sponsor Rep. Luis Arroyo 10/29/2009HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto 10/29/2009HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez 10/29/2009HouseAdded Alternate Co-Sponsor Rep. Eddie Washington 10/29/2009HouseAdded Alternate Chief Co-Sponsor Rep. Michael J. Madigan 10/29/2009HouseAlternate Chief Co-Sponsor Changed to Rep. Michael J. Madigan 10/29/2009HouseAdded Alternate Chief Co-Sponsor Rep. Lou Lang 10/29/2009HouseAlternate Co-Sponsor Removed Rep. Lou Lang 10/29/2009SenateSecretary's Desk - Concurrence House Amendment(s) 1, 3 10/29/2009SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 3 - October 30, 2009 10/30/2009SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter 10/30/2009SenateAdded as Chief Co-Sponsor Sen. Donne E. Trotter 10/30/2009SenateAdded as Chief Co-Sponsor Sen. Rickey R. Hendon 10/30/2009SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins 10/30/2009SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Emil Jones, III 10/30/2009SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments 10/30/2009SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Emil Jones, III 10/30/2009SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments 10/30/2009SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive 10/30/2009SenateHouse Floor Amendment No. 3 Motion to Concur Assignments Referred to Executive 10/30/2009SenateAdded as Co-Sponsor Sen. Toi W. Hutchinson 10/30/2009SenateHouse Committee Amendment No. 1 Motion Held in Executive 10/30/2009SenateHouse Floor Amendment No. 3 Motion Held in Executive 11/30/2009SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments 11/30/2009SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b). 11/30/2009SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b). 1/12/2010SenateHouse Floor Amendment No. 2 Housing Affordability Impact Note Filed as Amended. 1/12/2010SenateHouse Floor Amendment No. 2 Judicial Note Filed as Amended. 1/12/2011SenateSession Sine Die