Illinois 2025-2026 Regular Session

Illinois House Bill HB1418 Compare Versions

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11 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
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1418 Introduced , by Rep. Christopher "C.D." Davidsmeyer SYNOPSIS AS INTRODUCED:
33 225 ILCS 411/5-20 225 ILCS 411/5-20
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55 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.
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1111 1 AN ACT concerning regulation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Cemetery Oversight Act is amended by
1515 5 changing Section 5-20 as follows:
1616 6 (225 ILCS 411/5-20)
1717 7 (Section scheduled to be repealed on January 1, 2027)
1818 8 Sec. 5-20. Exemptions.
1919 9 (a) Full exemption. Except as provided in this subsection,
2020 10 this Act does not apply to (1) any cemetery authority
2121 11 operating as a family burying ground or religious burying
2222 12 ground, (2) any cemetery authority that has not engaged in an
2323 13 interment, inurnment, or entombment of human remains within
2424 14 the last 10 years, or (3) any cemetery authority that is less
2525 15 than 3 acres. For purposes of determining the applicability of
2626 16 this subsection, the number of interments, inurnments, and
2727 17 entombments shall be aggregated for each calendar year. A
2828 18 cemetery authority claiming a full exemption shall apply for
2929 19 exempt status as provided for in Section 10-20 of this Act. A
3030 20 cemetery authority claiming a full exemption shall be subject
3131 21 to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery
3232 22 authority that performs activities that would disqualify it
3333 23 from a full exemption is required to apply for licensure
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1418 Introduced , by Rep. Christopher "C.D." Davidsmeyer SYNOPSIS AS INTRODUCED:
3838 225 ILCS 411/5-20 225 ILCS 411/5-20
3939 225 ILCS 411/5-20
4040 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.
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6868 1 within one year following the date on which its activities
6969 2 would disqualify it for a full exemption. A cemetery authority
7070 3 that previously qualified for and maintained a full exemption
7171 4 that fails to timely apply for licensure shall be deemed to
7272 5 have engaged in unlicensed practice and shall be subject to
7373 6 discipline in accordance with Article 25 of this Act.
7474 7 (b) Partial exemption. If a cemetery authority does not
7575 8 qualify for a full exemption and (1) engages in 25 or fewer
7676 9 interments, inurnments, or entombments of human remains for
7777 10 each of the preceding 2 calendar years, (2) operates as a
7878 11 public cemetery, or (3) operates as a religious cemetery, then
7979 12 the cemetery authority is partially exempt from this Act but
8080 13 shall be required to comply with Sections 10-23, 10-40, 10-55,
8181 14 10-60, subsections (a), (b), (b-5), (c), (d), (f), (g), and
8282 15 (h) of Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30,
8383 16 20-35, 20-40, 25-3, and 25-120, and Article 35 of this Act.
8484 17 Cemetery authorities claiming a partial exemption shall apply
8585 18 for the partial exemption as provided in Section 10-20 of this
8686 19 Act. A cemetery authority that changes to a status that would
8787 20 disqualify it from a partial exemption is required to apply
8888 21 for licensure within one year following the date on which it
8989 22 changes its status. A cemetery authority that maintains a
9090 23 partial exemption that fails to timely apply for licensure
9191 24 shall be deemed to have engaged in unlicensed practice and
9292 25 shall be subject to discipline in accordance with Article 25
9393 26 of this Act.
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104104 1 (b-5) A cemetery with an all-volunteer board and an annual
105105 2 budget of less than $100,000 shall be partially exempt from
106106 3 the requirements of this Act. A cemetery that falls under this
107107 4 category shall:
108108 5 (1) make available and periodically update maps of the
109109 6 cemetery property that include locations of the graves of
110110 7 individuals in the cemetery;
111111 8 (2) post signs in English and Spanish in each cemetery
112112 9 office that contain the Department's consumer hotline
113113 10 number, but does not need the other signage requirements
114114 11 under Section 20-30; and
115115 12 (3) post the hours and rules of the cemetery.
116116 13 (c) Nothing in this Act applies to the City of Chicago in
117117 14 its exercise of its powers under the O'Hare Modernization Act
118118 15 or limits the authority of the City of Chicago to acquire
119119 16 property or otherwise exercise its powers under the O'Hare
120120 17 Modernization Act, or requires the City of Chicago, or any
121121 18 person acting on behalf of the City of Chicago, to comply with
122122 19 the licensing, regulation, or investigation requirements of
123123 20 this Act in exercising its powers under the O'Hare
124124 21 Modernization Act.
125125 22 (d) A cemetery manager and customer service employee
126126 23 license may be in active status only during the period that
127127 24 such a licensee is employed by a cemetery authority that is
128128 25 licensed under this Act. In the event that a cemetery manager
129129 26 or customer service employee commences work for a cemetery
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140140 1 granted an exemption under this Section, it shall be a duty of
141141 2 both the cemetery authority and the individual licensee to
142142 3 immediately notify the Department so that the license may be
143143 4 placed on inactive status. During the period that a license is
144144 5 in inactive status, the involved person may not hold himself
145145 6 or herself out as licensed. Upon returning to employment by a
146146 7 cemetery licensed under this Act, such a cemetery manager or
147147 8 customer service employee may reinstate the license to active
148148 9 status simply by notifying the Department and paying the
149149 10 applicable fee.
150150 11 (Source: P.A. 102-20, eff. 6-25-21.)
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