Bill Text: IL HB5315 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Cemetery Oversight Act. Makes a technical change in a Section concerning transition.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-05 - Referred to Rules Committee [HB5315 Detail]
Download: Illinois-2009-HB5315-Introduced.html
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1 | AN ACT concerning cemeteries.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Cemetery Oversight Act is amended by | |||||||||||||||||||
5 | changing Section 75-55 as follows:
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6 | (225 ILCS 411/75-55) | |||||||||||||||||||
7 | (Section scheduled to be repealed on January 1, 2021)
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8 | Sec. 75-55. Transition.
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9 | (a) Within 60 days after the the effective date of this | |||||||||||||||||||
10 | Act, the Comptroller shall provide the Department copies of | |||||||||||||||||||
11 | records in the Comptroller's possession pertaining to the | |||||||||||||||||||
12 | Cemetery Care Act and the Crematory Regulation Act that are | |||||||||||||||||||
13 | necessary for the Department's immediate responsibilities | |||||||||||||||||||
14 | under this Act. All other records pertaining to the Cemetery | |||||||||||||||||||
15 | Care Act and the Crematory Regulation Act shall be transferred | |||||||||||||||||||
16 | to the Department by March 1, 2012. In the case of records that | |||||||||||||||||||
17 | pertain both to the administration of the Cemetery Care Act or | |||||||||||||||||||
18 | the Crematory Regulation Act and to a function retained by the | |||||||||||||||||||
19 | Comptroller, the Comptroller, in consultation with the | |||||||||||||||||||
20 | Department, shall determine, within 60 days after the repeal of | |||||||||||||||||||
21 | the Cemetery Care Act, whether the records shall be | |||||||||||||||||||
22 | transferred, copied, or left with the Comptroller; until this | |||||||||||||||||||
23 | determination has been made the transfer shall not occur. |
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1 | (b) A person licensed under one of the Acts listed in | ||||||
2 | subsection (a) of this Section or regulated under the Cemetery | ||||||
3 | Association Act shall continue to comply with the provisions of | ||||||
4 | those Acts until such time as the person is licensed under this | ||||||
5 | Act or those Acts are repealed or the amendatory changes made | ||||||
6 | by this amendatory Act of the 96th General Assembly take | ||||||
7 | effect, as the case may be, whichever is earlier. | ||||||
8 | (c) To support the costs that may be associated with | ||||||
9 | implementing and maintaining a licensure and regulatory | ||||||
10 | process for the licensure and regulation of cemetery | ||||||
11 | authorities, cemetery managers, customer service employees, | ||||||
12 | and cemetery workers, all cemetery authorities not maintaining | ||||||
13 | a full exemption or partial exemption shall pay a one-time fee | ||||||
14 | of $20 to the Department plus an additional charge of $1 per | ||||||
15 | burial unit per year within the cemetery. The Department may | ||||||
16 | establish forms for the collection of the fee established under | ||||||
17 | this subsection and shall deposit such fee into the Cemetery | ||||||
18 | Oversight Licensing and Disciplinary Fund. The Department may | ||||||
19 | begin to collect the aforementioned fee after the effective | ||||||
20 | date of this Act. In addition, the Department may establish | ||||||
21 | rules for the collection process, which may include, but shall | ||||||
22 | not be limited to, dates, forms, enforcement, or other | ||||||
23 | procedures necessary for the effective collection, deposit, | ||||||
24 | and
overall process regarding this Section. | ||||||
25 | (d) Any cemetery authority that fails to pay to the | ||||||
26 | Department the required fee or submits the incorrect amount |
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1 | shall be subject to the penalties provided for in Section | ||||||
2 | 25-110 of this Act. | ||||||
3 | (e) Except as otherwise specifically provided, all fees, | ||||||
4 | fines, penalties, or other moneys received or collected | ||||||
5 | pursuant to this Act shall be deposited in the Cemetery | ||||||
6 | Oversight Licensing and Disciplinary Fund. | ||||||
7 | (f) All proportionate funds held in the Comptroller's | ||||||
8 | Administrative Fund related to unexpended moneys collected | ||||||
9 | under the Cemetery Care Act and the Crematory Regulation Act | ||||||
10 | shall be transferred to the Cemetery Oversight Licensing and | ||||||
11 | Disciplinary Fund within 60 days after the effective date of | ||||||
12 | the repeal of the Cemetery Care Act. | ||||||
13 | (g) Personnel employed by the Comptroller on February 29, | ||||||
14 | 2012, to perform the duties pertaining to the administration of | ||||||
15 | the Cemetery Care Act and the Crematory Regulation Act, are | ||||||
16 | transferred to the Department on March 1, 2012. | ||||||
17 | The rights of State employees, the State, and its agencies | ||||||
18 | under the Comptroller Merit Employment Code and applicable | ||||||
19 | collective bargaining agreements and retirement plans are not | ||||||
20 | affected under this Act, except that all positions transferred | ||||||
21 | to the Department shall be subject to the Personnel Code | ||||||
22 | effective March 1, 2012. | ||||||
23 | All transferred employees who are members of collective | ||||||
24 | bargaining units shall retain their seniority, continuous | ||||||
25 | service, salary, and accrued benefits. During the pendency of | ||||||
26 | the existing collective bargaining agreement, the rights |
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1 | provided for under that agreement shall not be abridged. | ||||||
2 | The Department shall continue to honor during their | ||||||
3 | pendency all bargaining agreements in effect at the time of the | ||||||
4 | transfer and to recognize all collective bargaining | ||||||
5 | representatives for the employees who perform or will perform | ||||||
6 | functions transferred by this Act. For all purposes with | ||||||
7 | respect to the management of the existing agreement and the | ||||||
8 | negotiation and management of any successor agreements, the | ||||||
9 | Department shall be deemed the employer of employees who | ||||||
10 | perform or will perform functions transferred to the Department | ||||||
11 | by this Act.
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12 | (Source: P.A. 96-863, eff. 3-1-10.)
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