Rep. Michael P. McAuliffe

Filed: 3/14/2014





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2    AMENDMENT NO. ______. Amend House Bill 4598 by replacing
3everything after the enacting clause with the following:
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7    (Section scheduled to be repealed on January 1, 2021)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



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1entombments shall be aggregated for each calendar year. A
2cemetery authority claiming a full exemption shall apply for
3exempt status as provided for in Section 10-20 of this Act. A
4cemetery authority claiming a full exemption shall be subject
5to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery
6authority that performs activities that would disqualify it
7from a full exemption is required to apply for licensure within
8one year following the date on which its activities would
9disqualify it for a full exemption. A cemetery authority that
10previously qualified for and maintained a full exemption that
11fails to timely apply for licensure shall be deemed to have
12engaged in unlicensed practice and shall be subject to
13discipline in accordance with Article 25 of this Act.
14    (b) Partial exemption. If a cemetery authority does not
15qualify for a full exemption and (1) engages in 25 or fewer
16interments, inurnments, or entombments of human remains for
17each of the preceding 2 calendar years, (2) operates as a
18public cemetery, or (3) operates as a religious cemetery, then
19the cemetery authority is partially exempt from this Act but
20shall be required to comply with Sections 10-23, 10-40, 10-55,
2110-60, subsections (a), (b), (b-5), (c), (d), and (h) of
22Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-13, 20-30,
2320-35, 20-40, 25-3, and 25-120, and Article 35 of this Act.
24Cemetery authorities claiming a partial exemption shall apply
25for the partial exemption as provided in Section 10-20 of this
26Act. A cemetery authority that changes to a status that would



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1disqualify it from a partial exemption is required to apply for
2licensure within one year following the date on which it
3changes its status. A cemetery authority that maintains a
4partial exemption that fails to timely apply for licensure
5shall be deemed to have engaged in unlicensed practice and
6shall be subject to discipline in accordance with Article 25 of
7this Act.
8    (c) Nothing in this Act applies to the City of Chicago in
9its exercise of its powers under the O'Hare Modernization Act
10or limits the authority of the City of Chicago to acquire
11property or otherwise exercise its powers under the O'Hare
12Modernization Act, or requires the City of Chicago, or any
13person acting on behalf of the City of Chicago, to comply with
14the licensing, regulation, investigation, or mediation
15requirements of this Act in exercising its powers under the
16O'Hare Modernization Act.
17(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
18    (225 ILCS 411/20-13 new)
19    Sec. 20-13. Veterans; headstones and memorial markers. No
20cemetery authority shall charge a consumer an amount exceeding
21$500 for the placement of a headstone or memorial marker that
22is provided for a United States Veteran by the United States
23Government pursuant to Section 2306 of Title 38 of the United
24States Code. For the purposes of this Section, "placement"
25means the installation of a headstone or memorial marker,



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1including without limitation labor, materials, machinery,
2tools, and equipment.
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".