1 | 1 | | 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1418 Introduced , by Rep. Christopher "C.D." Davidsmeyer SYNOPSIS AS INTRODUCED: 225 ILCS 411/5-20 Amends the Cemetery Oversight Act. Provides that a cemetery with an all-volunteer board and an annual budget of less than $100,000 shall be partially exempt from the requirements of this Act. Provides that a cemetery that falls under this category shall make available and periodically update maps of the cemetery property that include locations of the graves of individuals in the cemetery; post signs in English and Spanish in each cemetery office that contain the Department of Financial and Professional Regulation's consumer hotline number, but does not need certain other signs; and post the hours and rules of the cemetery. Effective immediately. LRB104 07625 AAS 17669 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1418 Introduced , by Rep. Christopher "C.D." Davidsmeyer SYNOPSIS AS INTRODUCED: 225 ILCS 411/5-20 225 ILCS 411/5-20 Amends the Cemetery Oversight Act. Provides that a cemetery with an all-volunteer board and an annual budget of less than $100,000 shall be partially exempt from the requirements of this Act. Provides that a cemetery that falls under this category shall make available and periodically update maps of the cemetery property that include locations of the graves of individuals in the cemetery; post signs in English and Spanish in each cemetery office that contain the Department of Financial and Professional Regulation's consumer hotline number, but does not need certain other signs; and post the hours and rules of the cemetery. Effective immediately. LRB104 07625 AAS 17669 b LRB104 07625 AAS 17669 b A BILL FOR |
---|
2 | 2 | | 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1418 Introduced , by Rep. Christopher "C.D." Davidsmeyer SYNOPSIS AS INTRODUCED: |
---|
3 | 3 | | 225 ILCS 411/5-20 225 ILCS 411/5-20 |
---|
4 | 4 | | 225 ILCS 411/5-20 |
---|
5 | 5 | | Amends the Cemetery Oversight Act. Provides that a cemetery with an all-volunteer board and an annual budget of less than $100,000 shall be partially exempt from the requirements of this Act. Provides that a cemetery that falls under this category shall make available and periodically update maps of the cemetery property that include locations of the graves of individuals in the cemetery; post signs in English and Spanish in each cemetery office that contain the Department of Financial and Professional Regulation's consumer hotline number, but does not need certain other signs; and post the hours and rules of the cemetery. Effective immediately. |
---|
6 | 6 | | LRB104 07625 AAS 17669 b LRB104 07625 AAS 17669 b |
---|
7 | 7 | | LRB104 07625 AAS 17669 b |
---|
8 | 8 | | A BILL FOR |
---|
9 | 9 | | HB1418LRB104 07625 AAS 17669 b HB1418 LRB104 07625 AAS 17669 b |
---|
10 | 10 | | HB1418 LRB104 07625 AAS 17669 b |
---|
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 5-20 as follows: |
---|
16 | 16 | | 6 (225 ILCS 411/5-20) |
---|
17 | 17 | | 7 (Section scheduled to be repealed on January 1, 2027) |
---|
18 | 18 | | 8 Sec. 5-20. Exemptions. |
---|
19 | 19 | | 9 (a) Full exemption. Except as provided in this subsection, |
---|
20 | 20 | | 10 this Act does not apply to (1) any cemetery authority |
---|
21 | 21 | | 11 operating as a family burying ground or religious burying |
---|
22 | 22 | | 12 ground, (2) any cemetery authority that has not engaged in an |
---|
23 | 23 | | 13 interment, inurnment, or entombment of human remains within |
---|
24 | 24 | | 14 the last 10 years, or (3) any cemetery authority that is less |
---|
25 | 25 | | 15 than 3 acres. For purposes of determining the applicability of |
---|
26 | 26 | | 16 this subsection, the number of interments, inurnments, and |
---|
27 | 27 | | 17 entombments shall be aggregated for each calendar year. A |
---|
28 | 28 | | 18 cemetery authority claiming a full exemption shall apply for |
---|
29 | 29 | | 19 exempt status as provided for in Section 10-20 of this Act. A |
---|
30 | 30 | | 20 cemetery authority claiming a full exemption shall be subject |
---|
31 | 31 | | 21 to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery |
---|
32 | 32 | | 22 authority that performs activities that would disqualify it |
---|
33 | 33 | | 23 from a full exemption is required to apply for licensure |
---|
34 | 34 | | |
---|
35 | 35 | | |
---|
36 | 36 | | |
---|
37 | 37 | | 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1418 Introduced , by Rep. Christopher "C.D." Davidsmeyer SYNOPSIS AS INTRODUCED: |
---|
38 | 38 | | 225 ILCS 411/5-20 225 ILCS 411/5-20 |
---|
39 | 39 | | 225 ILCS 411/5-20 |
---|
40 | 40 | | Amends the Cemetery Oversight Act. Provides that a cemetery with an all-volunteer board and an annual budget of less than $100,000 shall be partially exempt from the requirements of this Act. Provides that a cemetery that falls under this category shall make available and periodically update maps of the cemetery property that include locations of the graves of individuals in the cemetery; post signs in English and Spanish in each cemetery office that contain the Department of Financial and Professional Regulation's consumer hotline number, but does not need certain other signs; and post the hours and rules of the cemetery. Effective immediately. |
---|
41 | 41 | | LRB104 07625 AAS 17669 b LRB104 07625 AAS 17669 b |
---|
42 | 42 | | LRB104 07625 AAS 17669 b |
---|
43 | 43 | | A BILL FOR |
---|
44 | 44 | | |
---|
45 | 45 | | |
---|
46 | 46 | | |
---|
47 | 47 | | |
---|
48 | 48 | | |
---|
49 | 49 | | 225 ILCS 411/5-20 |
---|
50 | 50 | | |
---|
51 | 51 | | |
---|
52 | 52 | | |
---|
53 | 53 | | LRB104 07625 AAS 17669 b |
---|
54 | 54 | | |
---|
55 | 55 | | |
---|
56 | 56 | | |
---|
57 | 57 | | |
---|
58 | 58 | | |
---|
59 | 59 | | |
---|
60 | 60 | | |
---|
61 | 61 | | |
---|
62 | 62 | | |
---|
63 | 63 | | HB1418 LRB104 07625 AAS 17669 b |
---|
64 | 64 | | |
---|
65 | 65 | | |
---|
66 | 66 | | HB1418- 2 -LRB104 07625 AAS 17669 b HB1418 - 2 - LRB104 07625 AAS 17669 b |
---|
67 | 67 | | HB1418 - 2 - LRB104 07625 AAS 17669 b |
---|
68 | 68 | | 1 within one year following the date on which its activities |
---|
69 | 69 | | 2 would disqualify it for a full exemption. A cemetery authority |
---|
70 | 70 | | 3 that previously qualified for and maintained a full exemption |
---|
71 | 71 | | 4 that fails to timely apply for licensure shall be deemed to |
---|
72 | 72 | | 5 have engaged in unlicensed practice and shall be subject to |
---|
73 | 73 | | 6 discipline in accordance with Article 25 of this Act. |
---|
74 | 74 | | 7 (b) Partial exemption. If a cemetery authority does not |
---|
75 | 75 | | 8 qualify for a full exemption and (1) engages in 25 or fewer |
---|
76 | 76 | | 9 interments, inurnments, or entombments of human remains for |
---|
77 | 77 | | 10 each of the preceding 2 calendar years, (2) operates as a |
---|
78 | 78 | | 11 public cemetery, or (3) operates as a religious cemetery, then |
---|
79 | 79 | | 12 the cemetery authority is partially exempt from this Act but |
---|
80 | 80 | | 13 shall be required to comply with Sections 10-23, 10-40, 10-55, |
---|
81 | 81 | | 14 10-60, subsections (a), (b), (b-5), (c), (d), (f), (g), and |
---|
82 | 82 | | 15 (h) of Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30, |
---|
83 | 83 | | 16 20-35, 20-40, 25-3, and 25-120, and Article 35 of this Act. |
---|
84 | 84 | | 17 Cemetery authorities claiming a partial exemption shall apply |
---|
85 | 85 | | 18 for the partial exemption as provided in Section 10-20 of this |
---|
86 | 86 | | 19 Act. A cemetery authority that changes to a status that would |
---|
87 | 87 | | 20 disqualify it from a partial exemption is required to apply |
---|
88 | 88 | | 21 for licensure within one year following the date on which it |
---|
89 | 89 | | 22 changes its status. A cemetery authority that maintains a |
---|
90 | 90 | | 23 partial exemption that fails to timely apply for licensure |
---|
91 | 91 | | 24 shall be deemed to have engaged in unlicensed practice and |
---|
92 | 92 | | 25 shall be subject to discipline in accordance with Article 25 |
---|
93 | 93 | | 26 of this Act. |
---|
94 | 94 | | |
---|
95 | 95 | | |
---|
96 | 96 | | |
---|
97 | 97 | | |
---|
98 | 98 | | |
---|
99 | 99 | | HB1418 - 2 - LRB104 07625 AAS 17669 b |
---|
100 | 100 | | |
---|
101 | 101 | | |
---|
102 | 102 | | HB1418- 3 -LRB104 07625 AAS 17669 b HB1418 - 3 - LRB104 07625 AAS 17669 b |
---|
103 | 103 | | HB1418 - 3 - LRB104 07625 AAS 17669 b |
---|
104 | 104 | | 1 (b-5) A cemetery with an all-volunteer board and an annual |
---|
105 | 105 | | 2 budget of less than $100,000 shall be partially exempt from |
---|
106 | 106 | | 3 the requirements of this Act. A cemetery that falls under this |
---|
107 | 107 | | 4 category shall: |
---|
108 | 108 | | 5 (1) make available and periodically update maps of the |
---|
109 | 109 | | 6 cemetery property that include locations of the graves of |
---|
110 | 110 | | 7 individuals in the cemetery; |
---|
111 | 111 | | 8 (2) post signs in English and Spanish in each cemetery |
---|
112 | 112 | | 9 office that contain the Department's consumer hotline |
---|
113 | 113 | | 10 number, but does not need the other signage requirements |
---|
114 | 114 | | 11 under Section 20-30; and |
---|
115 | 115 | | 12 (3) post the hours and rules of the cemetery. |
---|
116 | 116 | | 13 (c) Nothing in this Act applies to the City of Chicago in |
---|
117 | 117 | | 14 its exercise of its powers under the O'Hare Modernization Act |
---|
118 | 118 | | 15 or limits the authority of the City of Chicago to acquire |
---|
119 | 119 | | 16 property or otherwise exercise its powers under the O'Hare |
---|
120 | 120 | | 17 Modernization Act, or requires the City of Chicago, or any |
---|
121 | 121 | | 18 person acting on behalf of the City of Chicago, to comply with |
---|
122 | 122 | | 19 the licensing, regulation, or investigation requirements of |
---|
123 | 123 | | 20 this Act in exercising its powers under the O'Hare |
---|
124 | 124 | | 21 Modernization Act. |
---|
125 | 125 | | 22 (d) A cemetery manager and customer service employee |
---|
126 | 126 | | 23 license may be in active status only during the period that |
---|
127 | 127 | | 24 such a licensee is employed by a cemetery authority that is |
---|
128 | 128 | | 25 licensed under this Act. In the event that a cemetery manager |
---|
129 | 129 | | 26 or customer service employee commences work for a cemetery |
---|
130 | 130 | | |
---|
131 | 131 | | |
---|
132 | 132 | | |
---|
133 | 133 | | |
---|
134 | 134 | | |
---|
135 | 135 | | HB1418 - 3 - LRB104 07625 AAS 17669 b |
---|
136 | 136 | | |
---|
137 | 137 | | |
---|
138 | 138 | | HB1418- 4 -LRB104 07625 AAS 17669 b HB1418 - 4 - LRB104 07625 AAS 17669 b |
---|
139 | 139 | | HB1418 - 4 - LRB104 07625 AAS 17669 b |
---|
140 | 140 | | 1 granted an exemption under this Section, it shall be a duty of |
---|
141 | 141 | | 2 both the cemetery authority and the individual licensee to |
---|
142 | 142 | | 3 immediately notify the Department so that the license may be |
---|
143 | 143 | | 4 placed on inactive status. During the period that a license is |
---|
144 | 144 | | 5 in inactive status, the involved person may not hold himself |
---|
145 | 145 | | 6 or herself out as licensed. Upon returning to employment by a |
---|
146 | 146 | | 7 cemetery licensed under this Act, such a cemetery manager or |
---|
147 | 147 | | 8 customer service employee may reinstate the license to active |
---|
148 | 148 | | 9 status simply by notifying the Department and paying the |
---|
149 | 149 | | 10 applicable fee. |
---|
150 | 150 | | 11 (Source: P.A. 102-20, eff. 6-25-21.) |
---|
151 | 151 | | |
---|
152 | 152 | | |
---|
153 | 153 | | |
---|
154 | 154 | | |
---|
155 | 155 | | |
---|
156 | 156 | | HB1418 - 4 - LRB104 07625 AAS 17669 b |
---|