Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3280 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3280 Introduced 2/7/2024, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED: 225 ILCS 411/5-15 Amends the Cemetery Oversight Act. Provides that the definition of "religious cemetery" includes any cemetery in which at least 70% of annual interments and entombments for each of the preceding 2 calendar years are made in accordance with the temporalities of a single recognized church, religious society, association, or denomination. LRB103 38171 RTM 68304 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3280 Introduced 2/7/2024, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED: 225 ILCS 411/5-15 225 ILCS 411/5-15 Amends the Cemetery Oversight Act. Provides that the definition of "religious cemetery" includes any cemetery in which at least 70% of annual interments and entombments for each of the preceding 2 calendar years are made in accordance with the temporalities of a single recognized church, religious society, association, or denomination. LRB103 38171 RTM 68304 b LRB103 38171 RTM 68304 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3280 Introduced 2/7/2024, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 411/5-15 225 ILCS 411/5-15
4	4	225 ILCS 411/5-15
5	5	Amends the Cemetery Oversight Act. Provides that the definition of "religious cemetery" includes any cemetery in which at least 70% of annual interments and entombments for each of the preceding 2 calendar years are made in accordance with the temporalities of a single recognized church, religious society, association, or denomination.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Cemetery Oversight Act is amended by
15	15	5 changing Section 5-15 as follows:
16	16	6 (225 ILCS 411/5-15)
17	17	7 (Section scheduled to be repealed on January 1, 2027)
18	18	8 Sec. 5-15. Definitions. In this Act:
19	19	9 "Address of record" means the designated address recorded
20	20	10 by the Department in the applicant's or licensee's application
21	21	11 file or license file. The address of record for a cemetery
22	22	12 authority shall be the permanent street address of the
23	23	13 cemetery.
24	24	14 "Applicant" means a person applying for licensure under
25	25	15 this Act as a cemetery authority, cemetery manager, or
26	26	16 customer service employee. Any applicant or any person who
27	27	17 holds himself or herself out as an applicant is considered a
28	28	18 licensee for purposes of enforcement, investigation, hearings,
29	29	19 and the Illinois Administrative Procedure Act.
30	30	20 "Burial permit" means a permit provided by a licensed
31	31	21 funeral director for the disposition of a dead human body.
32	32	22 "Care" means the maintenance of a cemetery and of the
33	33	23 lots, graves, crypts, niches, family mausoleums, memorials,
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3280 Introduced 2/7/2024, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
38	38	225 ILCS 411/5-15 225 ILCS 411/5-15
39	39	225 ILCS 411/5-15
40	40	Amends the Cemetery Oversight Act. Provides that the definition of "religious cemetery" includes any cemetery in which at least 70% of annual interments and entombments for each of the preceding 2 calendar years are made in accordance with the temporalities of a single recognized church, religious society, association, or denomination.
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68	68	1 and markers therein, including: (i) the cutting and trimming
69	69	2 of lawn, shrubs, and trees at reasonable intervals; (ii)
70	70	3 keeping in repair the drains, water lines, roads, buildings,
71	71	4 fences, and other structures, in keeping with a
72	72	5 well-maintained cemetery as provided for in Section 20-5 of
73	73	6 this Act and otherwise as required by rule; (iii) maintenance
74	74	7 of machinery, tools, and equipment for such care; (iv)
75	75	8 compensation of cemetery workers, any discretionary payment of
76	76	9 insurance premiums, and any reasonable payments for workers'
77	77	10 pension and other benefits plans; and (v) the payment of
78	78	11 expenses necessary for such purposes and for maintaining
79	79	12 necessary records of lot ownership, transfers, and burials.
80	80	13 "Cemetery" means any land or structure in this State
81	81	14 dedicated to and used, or intended to be used, for the
82	82	15 interment, inurnment, or entombment of human remains.
83	83	16 "Cemetery authority" means any individual or legal entity
84	84	17 that owns or controls cemetery lands or property.
85	85	18 "Cemetery manager" means an individual directly
86	86	19 responsible or holding himself or herself directly responsible
87	87	20 for the operation, maintenance, development, or improvement of
88	88	21 a cemetery that is licensed under this Act or shall be licensed
89	89	22 pursuant to Section 10-39 of this Act, irrespective of whether
90	90	23 the individual is paid by the licensed cemetery authority or a
91	91	24 third party.
92	92	25 "Cemetery merchandise" means items of personal property
93	93	26 normally sold by a cemetery authority not covered under the
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104	104	1 Illinois Funeral or Burial Funds Act, including, but not
105	105	2 limited to: (1) memorials, (2) markers, (3) monuments, (4)
106	106	3 foundations and installations, and (5) outer burial
107	107	4 containers.
108	108	5 "Cemetery operation" means to engage in any or all of the
109	109	6 following, whether on behalf of, or in the absence of, a
110	110	7 cemetery authority: (i) the interment, entombment, or
111	111	8 inurnment of human remains, (ii) the sale of interment,
112	112	9 entombment, or inurnment rights, cemetery merchandise, or
113	113	10 cemetery services, (iii) the maintenance of interment rights
114	114	11 ownership records, (iv) the maintenance of or reporting of
115	115	12 interment, entombment, or inurnment records, (v) the
116	116	13 maintenance of cemetery property, (vi) the development or
117	117	14 improvement of cemetery grounds, or (vii) the maintenance and
118	118	15 execution of business documents, including State and federal
119	119	16 government reporting and the payment of taxes, for a cemetery
120	120	17 business entity.
121	121	18 "Cemetery Oversight Database" means a database certified
122	122	19 by the Department as effective in tracking the interment,
123	123	20 entombment, or inurnment of human remains.
124	124	21 "Cemetery services" means those services customarily
125	125	22 performed by cemetery personnel in connection with the
126	126	23 interment, entombment, or inurnment of a dead human body.
127	127	24 "Certificate of organization" means the document received
128	128	25 by a cemetery association from the Secretary of State that
129	129	26 indicates that the cemetery association shall be deemed fully
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140	140	1 organized as a body corporate under the name adopted and in its
141	141	2 corporate name may sue and be sued.
142	142	3 "Comptroller" means the Comptroller of the State of
143	143	4 Illinois.
144	144	5 "Confidential information" means unique identifiers,
145	145	6 including a person's Social Security number, home address,
146	146	7 home phone number, personal phone number, personal email
147	147	8 address, personal financial information, and any other
148	148	9 information protected by law.
149	149	10 "Consumer" means an individual who purchases or who is
150	150	11 considering purchasing cemetery, burial, or cremation products
151	151	12 or services from a cemetery authority, whether for themselves
152	152	13 or for another person.
153	153	14 "Customer service employee" means an individual who has
154	154	15 direct contact with consumers to explain cemetery merchandise,
155	155	16 services, and interment rights and to execute the sale of
156	156	17 those items to consumers, whether at the cemetery or an
157	157	18 off-site location, irrespective of whether compensation is
158	158	19 paid by the cemetery authority or a third party.
159	159	20 "Department" means the Department of Financial and
160	160	21 Professional Regulation.
161	161	22 "Email address of record" means the designated email
162	162	23 address recorded by the Department in the applicant's
163	163	24 application file or the licensee's license file as maintained
164	164	25 by the Department's licensure maintenance unit.
165	165	26 "Employee" means an individual who works for a cemetery
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176	176	1 authority where the cemetery authority has the right to
177	177	2 control what work is performed and the details of how the work
178	178	3 is performed regardless of whether federal or State payroll
179	179	4 taxes are withheld.
180	180	5 "Entombment right" means the right to place individual
181	181	6 human remains or individual cremated human remains in a
182	182	7 specific mausoleum crypt or lawn crypt selected by a consumer
183	183	8 for use as a final resting place.
184	184	9 "Family burying ground" means a cemetery in which no lots,
185	185	10 crypts, or niches are sold to the public and in which
186	186	11 interments, inurnments, and entombments are restricted to the
187	187	12 immediate family or a group of individuals related to each
188	188	13 other by blood or marriage.
189	189	14 "Full exemption" means an exemption granted to a cemetery
190	190	15 authority pursuant to subsection (a) of Section 5-20.
191	191	16 "Funeral director" means a funeral director as defined by
192	192	17 the Funeral Directors and Embalmers Licensing Code.
193	193	18 "Grave" means a space of ground in a cemetery used or
194	194	19 intended to be used for burial.
195	195	20 "Green burial or cremation disposition" means burial or
196	196	21 cremation practices that reduce the greenhouse gas emissions,
197	197	22 waste, and toxic chemicals ordinarily created in burial or
198	198	23 cremation or, in the case of greenhouse gas emissions,
199	199	24 mitigate or offset emissions. Such practices include any
200	200	25 standards or method for burial or cremation that the
201	201	26 Department may name by rule.
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212	212	1 "Immediate family" means the designated agent of a person
213	213	2 or the persons given priority for the disposition of a
214	214	3 person's remains under the Disposition of Remains Act and
215	215	4 shall include a person's spouse, parents, grandparents,
216	216	5 children, grandchildren and siblings.
217	217	6 "Individual" means a natural person.
218	218	7 "Interment right" means the right to place individual
219	219	8 human remains or cremated human remains in a specific
220	220	9 underground location selected by a consumer for use as a final
221	221	10 resting place.
222	222	11 "Inurnment right" means the right to place individual
223	223	12 cremated human remains in a specific niche selected by the
224	224	13 consumer for use as a final resting place.
225	225	14 "Lawn crypt" means a permanent underground crypt installed
226	226	15 in multiple units for the entombment of human remains.
227	227	16 "Licensee" means a person licensed under this Act as a
228	228	17 cemetery authority, cemetery manager, or customer service
229	229	18 employee. Anyone who holds himself or herself out as a
230	230	19 licensee or who is accused of unlicensed practice is
231	231	20 considered a licensee for purposes of enforcement,
232	232	21 investigation, hearings, and the Illinois Administrative
233	233	22 Procedure Act.
234	234	23 "Mausoleum crypt" means a grouping of spaces constructed
235	235	24 of reinforced concrete or similar material constructed or
236	236	25 assembled above the ground for entombing remains.
237	237	26 "Niche" means a space in a columbarium or mausoleum used,
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248	248	1 or intended to be used, for inurnment of cremated human
249	249	2 remains.
250	250	3 "Partial exemption" means an exemption granted to a
251	251	4 cemetery authority pursuant to subsection (b) of Section 5-20.
252	252	5 "Parcel identification number" means a unique number
253	253	6 assigned by the Cemetery Oversight Database to a grave, plot,
254	254	7 crypt, or niche that enables the Department to ascertain the
255	255	8 precise location of a decedent's remains interred, entombed,
256	256	9 or inurned after the effective date of this Act.
257	257	10 "Person" means any individual, firm, partnership,
258	258	11 association, corporation, limited liability company, trustee,
259	259	12 government or political subdivision, or other entity.
260	260	13 "Public cemetery" means a cemetery owned, operated,
261	261	14 controlled, or managed by the federal government, by any
262	262	15 state, county, city, village, incorporated town, township,
263	263	16 multi-township, public cemetery district, or other municipal
264	264	17 corporation, political subdivision, or instrumentality thereof
265	265	18 authorized by law to own, operate, or manage a cemetery.
266	266	19 "Religious burying ground" means a cemetery in which no
267	267	20 lots, crypts, or niches are sold and in which interments,
268	268	21 inurnments, and entombments are restricted to a group of
269	269	22 individuals all belonging to a religious order or granted
270	270	23 burial rights by special consideration of the religious order.
271	271	24 "Religious cemetery" means a cemetery owned, operated,
272	272	25 controlled, and managed by any recognized church, religious
273	273	26 society, association, or denomination, or by any cemetery
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