Bill Text: IL HB2968 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2968 Detail]

Download: Illinois-2023-HB2968-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2968 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.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Cemetery Oversight Act is amended by
changing Section 5-20 as follows:
(225 ILCS 411/5-20)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-20. Exemptions.
(a) Full exemption. Except as provided in this subsection,
this Act does not apply to (1) any cemetery authority
operating as a family burying ground or religious burying
ground, (2) any cemetery authority that has not engaged in an
interment, inurnment, or entombment of human remains within
the last 10 years, or (3) any cemetery authority that is less
than 3 acres. For purposes of determining the applicability of
this subsection, the number of interments, inurnments, and
entombments shall be aggregated for each calendar year. A
cemetery authority claiming a full exemption shall apply for
exempt status as provided for in Section 10-20 of this Act. A
cemetery authority claiming a full exemption shall be subject
to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery
authority that performs activities that would disqualify it
from a full exemption is required to apply for licensure

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

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(b-5) 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. A cemetery that falls under this
category shall:
(1) make available and periodically update maps of the
cemetery property that include locations of the graves of
individuals in the cemetery;
(2) post signs in English and Spanish in each cemetery
office that contain the Department's consumer hotline
number, but does not need the other signage requirements
under Section 20-30; and
(3) post the hours and rules of the cemetery.
(c) Nothing in this Act applies to the City of Chicago in
its exercise of its powers under the O'Hare Modernization Act
or limits the authority of the City of Chicago to acquire
property or otherwise exercise its powers under the O'Hare
Modernization Act, or requires the City of Chicago, or any
person acting on behalf of the City of Chicago, to comply with
the licensing, regulation, or investigation requirements of
this Act in exercising its powers under the O'Hare
Modernization Act.
(d) A cemetery manager and customer service employee
license may be in active status only during the period that
such a licensee is employed by a cemetery authority that is
licensed under this Act. In the event that a cemetery manager
or customer service employee commences work for a cemetery

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granted an exemption under this Section, it shall be a duty of
both the cemetery authority and the individual licensee to
immediately notify the Department so that the license may be
placed on inactive status. During the period that a license is
in inactive status, the involved person may not hold himself
or herself out as licensed. Upon returning to employment by a
cemetery licensed under this Act, such a cemetery manager or
customer service employee may reinstate the license to active
status simply by notifying the Department and paying the
applicable fee.
(Source: P.A. 102-20, eff. 6-25-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.