Full Text of HB5632 98th General Assembly
HB5632ham001 98TH GENERAL ASSEMBLY | Rep. Kelly Burke Filed: 3/4/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5632
| 2 | | AMENDMENT NO. ______. Amend House Bill 5632 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Cemetery Oversight Act is amended by | 5 | | changing Sections 5-20 and 20-5 as follows: | 6 | | (225 ILCS 411/5-20) | 7 | | (Section scheduled to be repealed on January 1, 2021)
| 8 | | Sec. 5-20. Exemptions.
| 9 | | (a) Full exemption. Except as provided in this subsection, | 10 | | this Act does not apply to (1) any cemetery authority operating | 11 | | as a family burying ground or religious burying ground, (2) any | 12 | | cemetery authority that has not engaged in an interment, | 13 | | inurnment, or entombment of human remains within the last 10 | 14 | | years, or (3) any cemetery authority that is less than 3 acres. | 15 | | For purposes of determining the applicability of this | 16 | | subsection, the number of interments, inurnments, and |
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| 1 | | entombments shall be aggregated for each calendar year. A | 2 | | cemetery authority claiming a full exemption shall apply for | 3 | | exempt status as provided for in Section 10-20 of this Act. A | 4 | | cemetery authority claiming a full exemption shall be subject | 5 | | to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery | 6 | | authority that performs activities that would disqualify it | 7 | | from a full exemption is required to apply for licensure within | 8 | | one year following the date on which its activities would | 9 | | disqualify it for a full exemption. A cemetery authority that | 10 | | previously qualified for and maintained a full exemption that | 11 | | fails to timely apply for licensure shall be deemed to have | 12 | | engaged in unlicensed practice and shall be subject to | 13 | | discipline in accordance with Article 25 of this Act. | 14 | | (b) Partial exemption. If a cemetery authority does not | 15 | | qualify for a full exemption and (1) engages in 25 or fewer | 16 | | interments, inurnments, or entombments of human remains for | 17 | | each of the preceding 2 calendar years, (2) operates as a | 18 | | public cemetery, or (3) operates as a religious cemetery, then | 19 | | the cemetery authority is partially exempt from this Act but | 20 | | shall be required to comply with Sections 10-23, 10-40, 10-55, | 21 | | 10-60, subsections (a), (b), (b-5), (c), (d), (g), and (h) of | 22 | | Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30, 20-35, | 23 | | 20-40, 25-3, and 25-120, and Article 35 of this Act. Cemetery | 24 | | authorities claiming a partial exemption shall apply for the | 25 | | partial exemption as provided in Section 10-20 of this Act. A | 26 | | cemetery authority that changes to a status that would |
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| 1 | | disqualify it from a partial exemption is required to apply for | 2 | | licensure within one year following the date on which it | 3 | | changes its status. A cemetery authority that maintains a | 4 | | partial exemption that fails to timely apply for licensure | 5 | | shall be deemed to have engaged in unlicensed practice and | 6 | | shall be subject to discipline in accordance with Article 25 of | 7 | | this Act.
| 8 | | (c) Nothing in this Act applies to the City of Chicago in | 9 | | its exercise of its powers under the O'Hare Modernization Act | 10 | | or limits the authority of the City of Chicago to acquire | 11 | | property or otherwise exercise its powers under the O'Hare | 12 | | Modernization Act, or requires the City of Chicago, or any | 13 | | person acting on behalf of the City of Chicago, to comply with | 14 | | the licensing, regulation, investigation, or mediation | 15 | | requirements of this Act in exercising its powers under the | 16 | | O'Hare Modernization Act.
| 17 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.) | 18 | | (225 ILCS 411/20-5) | 19 | | (Section scheduled to be repealed on January 1, 2021)
| 20 | | Sec. 20-5. Maintenance and records. | 21 | | (a) A cemetery authority shall provide reasonable | 22 | | maintenance of the cemetery property and of all lots, graves, | 23 | | crypts, and columbariums in the cemetery based on the type and | 24 | | size of the cemetery, topographic limitations, and contractual | 25 | | commitments with consumers. Subject to the provisions of this |
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| 1 | | subsection (a), reasonable maintenance includes: | 2 | | (1) the laying of seed, sod, or other suitable ground | 3 | | cover as soon as practical following an interment given the | 4 | | weather conditions, climate, and season and the | 5 | | interment's proximity to ongoing burial activity; | 6 | | (2) the cutting of lawn throughout the cemetery at | 7 | | reasonable intervals to prevent an overgrowth of grass and | 8 | | weeds given the weather conditions, climate, and season; | 9 | | (3) the trimming of shrubs to prevent excessive | 10 | | overgrowth; | 11 | | (4) the trimming of trees to remove dead limbs; | 12 | | (5) maintaining, repairing, or removing, if necessary, | 13 | | drains, water lines, roads, buildings, fences, and other | 14 | | structures; and | 15 | | (6) keeping the cemetery premises free of trash and | 16 | | debris. | 17 | | In determining whether a cemetery authority provides | 18 | | reasonable maintenance of the cemetery property, the | 19 | | Department shall consider: | 20 | | (1) the cemetery authority's contractual obligations | 21 | | for care and maintenance; | 22 | | (2) the size of the cemetery; | 23 | | (3) the extent and use of the cemetery authority's | 24 | | financial resources; | 25 | | (4) the standard of maintenance of one or more | 26 | | similarly situated cemeteries; in determining whether a |
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| 1 | | cemetery is similarly situated, the Department shall | 2 | | consider the cemetery's size, location, topography, and | 3 | | financial resources, and whether the cemetery is a | 4 | | fraternal cemetery, a religious cemetery, a public | 5 | | cemetery, a cemetery owned and operated by a cemetery | 6 | | association, or a licensed cemetery. | 7 | | Reasonable maintenance by the cemetery authority shall not
| 8 | | preclude the exercise of lawful rights by the owner of an
| 9 | | interment, inurnment, or entombment right, or by the decedent's
| 10 | | immediate family or other heirs, in accordance with reasonable
| 11 | | rules and regulations of the cemetery or other agreement of the
| 12 | | cemetery authority.
| 13 | | In the case of a cemetery dedicated as a nature preserve | 14 | | under the Illinois Natural Areas Preservation Act, reasonable | 15 | | maintenance by the cemetery authority shall be in accordance | 16 | | with the rules and master plan governing the dedicated nature | 17 | | preserve. | 18 | | A cemetery authority accused of violating the reasonable | 19 | | maintenance standard set forth in this Section shall have a | 20 | | reasonable opportunity to cure the violation. The cemetery | 21 | | authority shall have 10 business days after receipt of notice | 22 | | to cure the violation. If a cemetery authority cannot cure the | 23 | | violation within 10 business days, then the cemetery authority | 24 | | may request a time extension in order to cure the violation. | 25 | | The request for an extension shall be made in writing to the | 26 | | Department and must be postmarked within 10 business days after |
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| 1 | | receipt of the notice of the alleged violation. The request | 2 | | shall outline all reasons for the extension and an estimated | 3 | | date by which the cure will be accomplished. Acceptable reasons | 4 | | include, without limitation, delays caused by weather | 5 | | conditions, season or climate, equipment failures, or | 6 | | acquisitions of materials or supplies being addressed by the | 7 | | authority in a timely manner, and unexpected temporary absences | 8 | | of personnel. The Department may approve or deny the extension. | 9 | | If the extension is denied, then the cemetery authority must | 10 | | cure the violation within 10 business days after the date of | 11 | | receipt of the Department's extension denial. If the extension | 12 | | is granted, then the cemetery authority must cure the violation | 13 | | within the extended period of time. A cemetery authority that | 14 | | does not cure the violation within the appropriate period of | 15 | | time shall be subject to discipline in accordance with Article | 16 | | 25 of this Act. | 17 | | (b) A cemetery authority, before commencing cemetery | 18 | | operations or within 6 months after the effective date of this | 19 | | Act, shall cause an overall map of its cemetery property, | 20 | | delineating all lots or plots, blocks, sections, avenues, | 21 | | walks, alleys, and paths and their respective designations, to | 22 | | be filed at its on-site office, or if it does not maintain an | 23 | | on-site office, at its principal place of business. The | 24 | | cemetery authority shall update its map and index described in | 25 | | subsection (b-5) within a reasonable time after any expansion | 26 | | or alteration of the cemetery property. A cemetery manager's |
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| 1 | | certificate acknowledging, accepting, and adopting the map | 2 | | shall also be included with the map. The Department may order | 3 | | that the cemetery authority obtain a cemetery plat and that it | 4 | | be filed at its on-site office, or if it does not maintain an | 5 | | on-site office, at its principal place of business if (1) a | 6 | | human body that should have been interred, entombed, or inurned | 7 | | at the cemetery after the effective date of this amendatory Act | 8 | | of the 97th General Assembly is missing, displaced, or | 9 | | dismembered and (2) the cemetery map contains serious | 10 | | discrepancies. | 11 | | In exercising this discretion, the Department shall | 12 | | consider whether the cemetery authority would experience an | 13 | | undue hardship as a result of obtaining the plat. The cemetery | 14 | | plat, as with all plats prepared under this Act, shall comply | 15 | | with the Illinois Professional Land Surveyor Act of 1989 and | 16 | | shall delineate, describe, and set forth all lots or plots, | 17 | | blocks, sections, avenues, walks, alleys, and paths and their | 18 | | respective designations. A cemetery manager's certificate | 19 | | acknowledging, accepting, and adopting the plat shall also be | 20 | | included with the plat. | 21 | | (b-5) A cemetery authority shall maintain an index that | 22 | | associates the identity of deceased persons interred, | 23 | | entombed, or inurned after the effective date of this Act with | 24 | | their respective place of interment, entombment, or inurnment. | 25 | | (c) The cemetery authority shall open the cemetery map or | 26 | | plat to public inspection. The cemetery authority shall make |
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| 1 | | available a copy of the overall cemetery map or plat upon | 2 | | written request and shall, if practical, provide a copy of a | 3 | | segment of the cemetery plat where interment rights are located | 4 | | upon the payment of reasonable photocopy fees. Any unsold lots, | 5 | | plots, or parts thereof, in which there are not human remains, | 6 | | may be resurveyed and altered in shape or size and properly | 7 | | designated on the cemetery map or plat. However, sold lots, | 8 | | plots, or parts thereof in which there are human remains may | 9 | | not be renumbered or renamed. Nothing contained in this | 10 | | subsection, however, shall prevent the cemetery authority from | 11 | | enlarging an interment right by selling to its owner the excess | 12 | | space next to the interment right and permitting interments | 13 | | therein, provided reasonable access to the interment right and | 14 | | to adjoining interment rights is not thereby eliminated. | 15 | | (d) A cemetery authority shall keep a record of every | 16 | | interment, entombment, and inurnment completed after the | 17 | | effective date of this Act. The record shall include the | 18 | | deceased's name, age, date of burial, and the specific location | 19 | | of the interred, entombed, or inurned human remains. The | 20 | | specific location shall correspond to the map or plat | 21 | | maintained in accordance with subsection (b) of this Section. | 22 | | (e) (Blank). | 23 | | (f) A cemetery authority shall make available for | 24 | | inspection and, upon reasonable request and the payment of a | 25 | | reasonable copying fee, provide a copy of its rules and | 26 | | regulations. A cemetery authority shall make available for |
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| 1 | | viewing and provide a copy of its current prices of interment, | 2 | | inurnment, or entombment rights. | 3 | | (g) A cemetery authority shall provide access to the | 4 | | cemetery every day of the year from sunrise to sunset each day | 5 | | under the cemetery authority's reasonable rules and | 6 | | regulations . | 7 | | (h) A cemetery authority shall be responsible for the | 8 | | proper opening and closing of all graves, crypts, or niches for | 9 | | human remains in any cemetery property it owns. | 10 | | (i) A licensed cemetery authority shall keep in this State | 11 | | and use in its business such records as will enable the | 12 | | Department to determine whether such licensee or trustee is | 13 | | complying with the provisions of this Act and with the rules, | 14 | | regulations, and directions made by the Department under this | 15 | | Act. The licensed cemetery authority shall keep the records in | 16 | | electronic or written format at the location identified in the | 17 | | license issued by the Department or as otherwise agreed by the | 18 | | Department in writing. The books, accounts, and records shall | 19 | | be accessible for review upon demand of the Department.
| 20 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
| 21 | | Section 99. Effective date. This Act takes effect July 1, | 22 | | 2014.".
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