Bill Status of SB 1471   96th General Assembly

Short Description:  CEMETERY CARE-CARE FUNDS

Senate Sponsors
Sen. Emil Jones, III-Mattie Hunter-Donne E. Trotter-Rickey R. Hendon-Jacqueline Y. Collins and Toi W. Hutchinson

House Sponsors
(Rep. Monique D. Davis-Michael J. Madigan-Kenneth Dunkin-Dan Brady-Lou Lang, Paul D. Froehlich, Michael J. Zalewski, Deborah Mell, Constance A. Howard, Arthur L. Turner, Mary E. Flowers, Robert Rita, Karen A. Yarbrough, Careen M. Gordon, Charles E. Jefferson, Kevin Joyce, Luis Arroyo, Cynthia Soto, Elizabeth Hernandez and Eddie Washington)


Last Action  View All Actions

DateChamber Action
  1/12/2011SenateSession Sine Die

Statutes Amended In Order of Appearance
760 ILCS 100/12.1 new
760 ILCS 100/14from Ch. 21, par. 64.14

Synopsis As Introduced
Amends the Cemetery Care Act to require a cemetery association holding $75,000 or less in its care funds to file a report with the Comptroller in lieu of other annual report requirements and to require that the Comptroller examine at least annually every licensee who holds $750,000 or more (now, $250,000 or more) in its care funds. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
760 ILCS 100/12.1 new
760 ILCS 100/14from Ch. 21, par. 64.14
Adds reference to:
760 ILCS 100/2afrom Ch. 21, par. 64.2a

Replaces everything after the enacting clause. Amends the Cemetery Care Act. Makes a technical change in a Section concerning powers and duties of cemetery authorities.

 Correctional Note, House Floor Amendment No. 2 (Dept of Corrections)
 SB 1471 (H-AM 2) has no fiscal impact or population impact on the Department.

 Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 SB 1471 (H-AM 2) does not pre-empt home rule authority.

 State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
 SB 1471 (H-AM 2) does not create a State mandate under the State Mandates Act.

 Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
 SB 1471 (H-AM 2) will not impact any public pension fund or retirement system in Illinois.

 State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
 SB 1471 (H-AM 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Fiscal Note, House Floor Amendment No. 2 (Financial & Professional Regulation)
 SB 1471 (H-AM 2) will have a fiscal impact of approximately $9,086,031 to the Department of Financial and Professional Regulation.

House Floor Amendment No. 3
Deletes reference to:
760 ILCS 100/2a
Adds reference to:
New Act
5 ILCS 80/8.31 new
20 ILCS 3440/1from Ch. 127, par. 2661
30 ILCS 105/5.755 new
410 ILCS 18/5
410 ILCS 18/7 new
410 ILCS 18/10
410 ILCS 18/11
410 ILCS 18/11.5
410 ILCS 18/13
410 ILCS 18/20
410 ILCS 18/22
410 ILCS 18/25
410 ILCS 18/40
410 ILCS 18/55
410 ILCS 18/60
410 ILCS 18/62
410 ILCS 18/62.5
410 ILCS 18/62.10
410 ILCS 18/62.15
410 ILCS 18/62.20
410 ILCS 18/65
410 ILCS 18/80
410 ILCS 18/85 new
410 ILCS 18/87 new
410 ILCS 18/88 new
410 ILCS 18/89 new
410 ILCS 18/90 new
410 ILCS 18/91 new
410 ILCS 18/92 new
410 ILCS 18/93 new
410 ILCS 18/94 new
410 ILCS 18/95 new
410 ILCS 535/11from Ch. 111 1/2, par. 73-11
410 ILCS 535/18.5
735 ILCS 30/15-5-40
740 ILCS 45/2from Ch. 70, par. 72
760 ILCS 90/2from Ch. 21, par. 32
760 ILCS 95/2from Ch. 21, par. 64
765 ILCS 835/.01from Ch. 21, par. 14.01
765 ILCS 835/1from Ch. 21, par. 15
765 ILCS 835/8from Ch. 21, par. 21.1
815 ILCS 505/2Zfrom Ch. 121 1/2, par. 262Z
820 ILCS 135/1from Ch. 21, par. 101
820 ILCS 135/2.3
760 ILCS 100/Act rep.
805 ILCS 320/16 rep.
805 ILCS 320/16.5 rep.
805 ILCS 320/17 rep.
805 ILCS 320/18 rep.
805 ILCS 320/19 rep.
805 ILCS 320/20 rep.
805 ILCS 320/Act rep.
225 ILCS 41/1-10
225 ILCS 41/Art. 12 heading new
225 ILCS 41/12-5 new
225 ILCS 41/12-10 new
225 ILCS 41/12-15 new
225 ILCS 41/12-20 new
225 ILCS 41/15-50
225 ILCS 41/15-60
225 ILCS 41/15-75

Replaces everything after the enacting clause. Creates the Cemetery Oversight Act. Provides for licensure of cemetery authorities, cemetery managers, and customer service employees and provides for registration of employees of a licensed cemetery authority by the Department of Financial and Professional Regulation. Includes provisions concerning findings, public policy, definitions, powers and duties of the Department, licensure, exemptions, grounds for discipline, civil and criminal penalties, administrative procedure, trust funds, business practices, cemetery associations, and consumer rights. Amends the Regulatory Sunset Act to provide for repeal of the Crematory Regulation Act and the Cemetery Oversight Act on January 1, 2021. Amends the State Finance Act. Creates the Cemetery Oversight Licensing and Disciplinary Fund. Amends the Crematory Regulation Act. Provides that the Department is responsible for enforcing the Act (now, the Office of the Comptroller). Makes changes in provisions concerning definitions, establishment of a crematory and licensing of a crematory authority, discipline, revocation and suspension of a license, authorization to cremate, performance of and training for a cremation service, recordkeeping, penalties, annual reports, investigations, testimony, administrative review, and pre-need cremation arrangements. Adds administrative provisions, including penalties, and home rule provisions. Amends the Vital Records Act. Provides that the burial permit shall include the place of disposition, and if the place is a cemetery, shall also specify the lot, block, section, and plot where the human dead body or cremated remains are located. Requires the State Registrar to implement an electronic reporting system that the Department of Financial and Professional Regulation shall have access to in order to enhance enforcement of the Cemetery Oversight Act. Amends the Crime Victims Compensation Act. Provides that the definition of "victim" shall also mean the immediate family of a deceased person whose body is dismembered in violation of the Criminal Code of 1961. Amends the Cemetery Protection Act. Changes definition of "cemetery authority". Provides new criminal penalties for certain violations of the Act. Provides that no cemetery company or other legal entity conducting or maintaining any public or private cemetery may deny burial space to any person based on his or her race, creed, marital status, sex, national origin, or color. Provides that cemeteries or burial grounds may designate parts for specific use by persons whose religious code requires isolation. Further provides that religious institution cemeteries may limit burials to members of the religious institution and their families. Makes other changes. Amends the Burial Rights Act. Provides that "cemetery authority", "interment rights", "entombment rights", and "inurnment rights" shall have the same meaning ascribed to it in the Cemetery Oversight Act (now, the Cemetery Care Act). Repeals the Cemetery Association Act and the Cemetery Care Act. Changes references to the Comptroller in various Acts to the Department of Financial and Professional Regulation. Amends the Funeral Directors and Embalmers Licensing Code to provide for the licensure of customer service employees of a funeral home. Makes other changes. Effective January 1, 2010, except some parts effective March 1, 2010, some parts effective July 1, 2011, and some parts effective immediately.

 Fiscal Note, House Floor Amendment No. 3 (Office of the Comptroller)
 While SB 1471 (H-AM 3) transfers the functions of the Comptroller under the Crematory Regulation Act and the Cemetery Care Act, the Comptroller's responsibilities under the Funeral or Burial Funds Act and the Illinois Pre-Need Cemetery Sales Act remain intact. Therefore, the amount of appropriation authority that would need to be transferred cannot be yet estimated. The legislation further provides that the Department of Financial and Professional Regulation may impose fees and collect fines for violations, the proceeds of which will be deposited in the newly created Cemetery Oversight Licensing and Disciplinary Fund. Since the legislation provides that the Department may set the fees and fines by rule, it us unknown how much could be deposited in the Fund.

 Housing Affordability Impact Note, House Floor Amendment No. 2 (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts)
 Based on a review of SB 1471 (H-AM 2) it has been determined that the bill would neither increase nor decrease the number of judges needed in the State.

Actions 
DateChamber Action
  2/18/2009SenateFiled with Secretary by Sen. John O. Jones
  2/18/2009SenateChief Co-Sponsor Sen. Gary Forby
  2/18/2009SenateFirst Reading
  2/18/2009SenateReferred to Assignments
  2/25/2009SenateAssigned to State Government and Veterans Affairs
  3/6/2009SenateDo Pass State Government and Veterans Affairs; 009-000-000
  3/6/2009SenatePlaced on Calendar Order of 2nd Reading March 10, 2009
  3/24/2009SenateSecond Reading
  3/24/2009SenatePlaced on Calendar Order of 3rd Reading March 25, 2009
  3/26/2009SenateThird Reading - Passed; 057-000-000
  3/26/2009HouseArrived in House
  3/26/2009HousePlaced on Calendar Order of First Reading
  3/26/2009HouseChief House Sponsor Rep. Lisa M. Dugan
  3/26/2009HouseFirst Reading
  3/26/2009HouseReferred to Rules Committee
  4/14/2009HouseAssigned to Executive Committee
  5/8/2009HouseRule 19(a) / Re-referred to Rules Committee
  9/30/2009HouseFinal Action Deadline Extended-9(b) November 30, 2009
  9/30/2009HouseAssigned to Executive Committee
  10/14/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Executive Committee
  10/14/2009HouseHouse Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote
  10/14/2009HouseDo Pass as Amended / Short Debate Executive Committee; 009-002-000
  10/14/2009HousePlaced on Calendar 2nd Reading - Short Debate
  10/14/2009HouseAlternate Chief Sponsor Changed to Rep. Monique D. Davis
  10/14/2009HouseSecond Reading - Short Debate
  10/14/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  10/16/2009SenateChief Sponsor Changed to Sen. Emil Jones, III
  10/26/2009SenateSponsor Removed Sen. Gary Forby
  10/27/2009HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Michael J. Madigan
  10/27/2009HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  10/27/2009HouseHouse Floor Amendment No. 2 Rules Refers to Executive Committee
  10/28/2009HouseHouse Floor Amendment No. 2 Recommends Be Adopted Executive Committee; 008-003-000
  10/28/2009HouseHouse Floor Amendment No. 2 Fiscal Note Requested as Amended by Rep. William B. Black
  10/28/2009HouseHouse Floor Amendment No. 2 Home Rule Note Requested as Amended by Rep. William B. Black
  10/29/2009HouseHouse Floor Amendment No. 2 Correctional Note Filed as Amended
  10/29/2009HouseAdded Alternate Chief Co-Sponsor Rep. Kenneth Dunkin
  10/29/2009HouseAdded Alternate Chief Co-Sponsor Rep. Dan Brady
  10/29/2009HouseHouse Floor Amendment No. 2 Home Rule Note Filed as Amended
  10/29/2009HouseHouse Floor Amendment No. 2 State Mandates Fiscal Note Filed as Amended
  10/29/2009HouseHouse Floor Amendment No. 2 Pension Note Filed as Amended
  10/29/2009HouseHouse Floor Amendment No. 2 State Debt Impact Note Filed as Amended
  10/29/2009HouseHouse Floor Amendment No. 2 Fiscal Note Filed as Amended
  10/29/2009HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Michael J. Madigan
  10/29/2009HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  10/29/2009HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-001-000
  10/29/2009HouseAdded Alternate Co-Sponsor Rep. Lou Lang
  10/29/2009HouseAdded Alternate Co-Sponsor Rep. Paul D. Froehlich
  10/29/2009HouseAdded Alternate Co-Sponsor Rep. Michael J. Zalewski
  10/29/2009HouseAdded Alternate Co-Sponsor Rep. Deborah Mell
  10/29/2009HouseAdded Alternate Co-Sponsor Rep. Constance A. Howard
  10/29/2009HouseAdded Alternate Co-Sponsor Rep. Arthur L. Turner
  10/29/2009HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers
  10/29/2009HouseAdded Alternate Co-Sponsor Rep. Robert Rita
  10/29/2009HouseAdded Alternate Co-Sponsor Rep. Karen A. Yarbrough
  10/29/2009HouseAdded Alternate Co-Sponsor Rep. Careen M. Gordon
  10/29/2009HouseAdded Alternate Co-Sponsor Rep. Charles E. Jefferson
  10/29/2009HouseAdded Alternate Co-Sponsor Rep. Kevin Joyce
  10/29/2009HouseHouse Floor Amendment No. 3 Fiscal Note Requested as Amended by Rep. William B. Black
  10/29/2009HouseHouse Floor Amendment No. 3 Fiscal Note Filed as Amended
  10/29/2009HouseHouse Floor Amendment No. 2 Withdrawn by Rep. Michael J. Madigan
  10/29/2009HouseHouse Floor Amendment No. 3 Adopted 079-037-000
  10/29/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  10/29/2009House3/5 Vote Required
  10/29/2009HouseThird Reading - Short Debate - Passed 089-027-000
  10/29/2009HouseAdded Alternate Co-Sponsor Rep. Luis Arroyo
  10/29/2009HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  10/29/2009HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez
  10/29/2009HouseAdded Alternate Co-Sponsor Rep. Eddie Washington
  10/29/2009HouseAdded Alternate Chief Co-Sponsor Rep. Michael J. Madigan
  10/29/2009HouseAlternate Chief Co-Sponsor Changed to Rep. Michael J. Madigan
  10/29/2009HouseAdded Alternate Chief Co-Sponsor Rep. Lou Lang
  10/29/2009HouseAlternate Co-Sponsor Removed Rep. Lou Lang
  10/29/2009SenateSecretary's Desk - Concurrence House Amendment(s) 1, 3
  10/29/2009SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 3 - October 30, 2009
  10/30/2009SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  10/30/2009SenateAdded as Chief Co-Sponsor Sen. Donne E. Trotter
  10/30/2009SenateAdded as Chief Co-Sponsor Sen. Rickey R. Hendon
  10/30/2009SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  10/30/2009SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Emil Jones, III
  10/30/2009SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  10/30/2009SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Emil Jones, III
  10/30/2009SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments
  10/30/2009SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive
  10/30/2009SenateHouse Floor Amendment No. 3 Motion to Concur Assignments Referred to Executive
  10/30/2009SenateAdded as Co-Sponsor Sen. Toi W. Hutchinson
  10/30/2009SenateHouse Committee Amendment No. 1 Motion Held in Executive
  10/30/2009SenateHouse Floor Amendment No. 3 Motion Held in Executive
  11/30/2009SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  11/30/2009SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b).
  11/30/2009SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b).
  1/12/2010SenateHouse Floor Amendment No. 2 Housing Affordability Impact Note Filed as Amended.
  1/12/2010SenateHouse Floor Amendment No. 2 Judicial Note Filed as Amended.
  1/12/2011SenateSession Sine Die

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