Full Text of SB2456 100th General Assembly
SB2456 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2456 Introduced 1/30/2018, by Sen. Thomas Cullerton SYNOPSIS AS INTRODUCED: |
| 225 ILCS 411/5-20 | | 225 ILCS 411/20-13 new | |
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Amends the Cemetery Oversight Act. Provides that no cemetery authority shall charge a consumer an amount exceeding $500 for the placement of a headstone or memorial marker that is provided for a United States Veteran by the United States Government. Defines "placement". Makes related changes to provide that a cemetery authority claiming a partial exemption under the Act shall be required to comply with this requirement. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cemetery Oversight Act is amended by | 5 | | changing Section 5-20 and by adding Section 20-13 as follows: | 6 | | (225 ILCS 411/5-20) | 7 | | (Section scheduled to be repealed on January 1, 2021)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 | 17 | | entombments shall be aggregated for each calendar year. A | 18 | | cemetery authority claiming a full exemption shall apply for | 19 | | exempt status as provided for in Section 10-20 of this Act. A | 20 | | cemetery authority claiming a full exemption shall be subject | 21 | | to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery | 22 | | authority that performs activities that would disqualify it | 23 | | from a full exemption is required to apply for licensure within |
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| 1 | | one year following the date on which its activities would | 2 | | disqualify it for a full exemption. A cemetery authority that | 3 | | previously qualified for and maintained a full exemption that | 4 | | fails to timely apply for licensure shall be deemed to have | 5 | | engaged in unlicensed practice and shall be subject to | 6 | | discipline in accordance with Article 25 of this Act. | 7 | | (b) Partial exemption. If a cemetery authority does not | 8 | | qualify for a full exemption and (1) engages in 25 or fewer | 9 | | interments, inurnments, or entombments of human remains for | 10 | | each of the preceding 2 calendar years, (2) operates as a | 11 | | public cemetery, or (3) operates as a religious cemetery, then | 12 | | the cemetery authority is partially exempt from this Act but | 13 | | shall be required to comply with Sections 10-23, 10-40, 10-55, | 14 | | 10-60, subsections (a), (b), (b-5), (c), (d), and (h) of | 15 | | Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-13, 20-30, | 16 | | 20-35, 20-40, 25-3, and 25-120, and Article 35 of this Act. | 17 | | Cemetery authorities claiming a partial exemption shall apply | 18 | | for the partial exemption as provided in Section 10-20 of this | 19 | | Act. A cemetery authority that changes to a status that would | 20 | | disqualify it from a partial exemption is required to apply for | 21 | | licensure within one year following the date on which it | 22 | | changes its status. A cemetery authority that maintains a | 23 | | partial exemption that fails to timely apply for licensure | 24 | | shall be deemed to have engaged in unlicensed practice and | 25 | | shall be subject to discipline in accordance with Article 25 of | 26 | | this Act.
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| 1 | | (c) Nothing in this Act applies to the City of Chicago in | 2 | | its exercise of its powers under the O'Hare Modernization Act | 3 | | or limits the authority of the City of Chicago to acquire | 4 | | property or otherwise exercise its powers under the O'Hare | 5 | | Modernization Act, or requires the City of Chicago, or any | 6 | | person acting on behalf of the City of Chicago, to comply with | 7 | | the licensing, regulation, investigation, or mediation | 8 | | requirements of this Act in exercising its powers under the | 9 | | O'Hare Modernization Act.
| 10 | | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.) | 11 | | (225 ILCS 411/20-13 new) | 12 | | Sec. 20-13. Veterans; headstones and memorial markers. No | 13 | | cemetery authority shall charge a consumer an amount exceeding | 14 | | $500 for the placement of a headstone or memorial marker that | 15 | | is provided for a United States Veteran by the United States | 16 | | Government pursuant to Section 2306 of Title 38 of the United | 17 | | States Code. For the purposes of this Section, "placement" | 18 | | means the installation of a headstone or memorial marker, | 19 | | including without limitation labor, materials, machinery, | 20 | | tools, and equipment.
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law. |
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