Bill Text: IL SB3280 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Cemetery Oversight Act. Provides that the definition of "religious cemetery" includes any cemetery in which at least 70% of annual interments and entombments for each of the preceding 2 calendar years are made in accordance with the temporalities of a single recognized church, religious society, association, or denomination.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-03 - Rule 2-10 Committee/3rd Reading Deadline Established As May 17, 2024 [SB3280 Detail]
Download: Illinois-2023-SB3280-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Cemetery Oversight Act is amended by | |||||||||||||||||||
5 | changing Section 5-15 as follows:
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6 | (225 ILCS 411/5-15) | |||||||||||||||||||
7 | (Section scheduled to be repealed on January 1, 2027) | |||||||||||||||||||
8 | Sec. 5-15. Definitions. In this Act: | |||||||||||||||||||
9 | "Address of record" means the designated address recorded | |||||||||||||||||||
10 | by the Department in the applicant's or licensee's application | |||||||||||||||||||
11 | file or license file. The address of record for a cemetery | |||||||||||||||||||
12 | authority shall be the permanent street address of the | |||||||||||||||||||
13 | cemetery. | |||||||||||||||||||
14 | "Applicant" means a person applying for licensure under | |||||||||||||||||||
15 | this Act as a cemetery authority, cemetery manager, or | |||||||||||||||||||
16 | customer service employee. Any applicant or any person who | |||||||||||||||||||
17 | holds himself or herself out as an applicant is considered a | |||||||||||||||||||
18 | licensee for purposes of enforcement, investigation, hearings, | |||||||||||||||||||
19 | and the Illinois Administrative Procedure Act. | |||||||||||||||||||
20 | "Burial permit" means a permit provided by a licensed | |||||||||||||||||||
21 | funeral director for the disposition of a dead human body. | |||||||||||||||||||
22 | "Care" means the maintenance of a cemetery and of the | |||||||||||||||||||
23 | lots, graves, crypts, niches, family mausoleums, memorials, |
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1 | and markers therein, including: (i) the cutting and trimming | ||||||
2 | of lawn, shrubs, and trees at reasonable intervals; (ii) | ||||||
3 | keeping in repair the drains, water lines, roads, buildings, | ||||||
4 | fences, and other structures, in keeping with a | ||||||
5 | well-maintained cemetery as provided for in Section 20-5 of | ||||||
6 | this Act and otherwise as required by rule; (iii) maintenance | ||||||
7 | of machinery, tools, and equipment for such care; (iv) | ||||||
8 | compensation of cemetery workers, any discretionary payment of | ||||||
9 | insurance premiums, and any reasonable payments for workers' | ||||||
10 | pension and other benefits plans; and (v) the payment of | ||||||
11 | expenses necessary for such purposes and for maintaining | ||||||
12 | necessary records of lot ownership, transfers, and burials. | ||||||
13 | "Cemetery" means any land or structure in this State | ||||||
14 | dedicated to and used, or intended to be used, for the | ||||||
15 | interment, inurnment, or entombment of human remains. | ||||||
16 | "Cemetery authority" means any individual or legal entity | ||||||
17 | that owns or controls cemetery lands or property. | ||||||
18 | "Cemetery manager" means an individual directly | ||||||
19 | responsible or holding himself or herself directly responsible | ||||||
20 | for the operation, maintenance, development, or improvement of | ||||||
21 | a cemetery that is licensed under this Act or shall be licensed | ||||||
22 | pursuant to Section 10-39 of this Act, irrespective of whether | ||||||
23 | the individual is paid by the licensed cemetery authority or a | ||||||
24 | third party. | ||||||
25 | "Cemetery merchandise" means items of personal property | ||||||
26 | normally sold by a cemetery authority not covered under the |
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1 | Illinois Funeral or Burial Funds Act, including, but not | ||||||
2 | limited to: (1) memorials, (2) markers, (3) monuments, (4) | ||||||
3 | foundations and installations, and (5) outer burial | ||||||
4 | containers. | ||||||
5 | "Cemetery operation" means to engage in any or all of the | ||||||
6 | following, whether on behalf of, or in the absence of, a | ||||||
7 | cemetery authority: (i) the interment, entombment, or | ||||||
8 | inurnment of human remains, (ii) the sale of interment, | ||||||
9 | entombment, or inurnment rights, cemetery merchandise, or | ||||||
10 | cemetery services, (iii) the maintenance of interment rights | ||||||
11 | ownership records, (iv) the maintenance of or reporting of | ||||||
12 | interment, entombment, or inurnment records, (v) the | ||||||
13 | maintenance of cemetery property, (vi) the development or | ||||||
14 | improvement of cemetery grounds, or (vii) the maintenance and | ||||||
15 | execution of business documents, including State and federal | ||||||
16 | government reporting and the payment of taxes, for a cemetery | ||||||
17 | business entity. | ||||||
18 | "Cemetery Oversight Database" means a database certified | ||||||
19 | by the Department as effective in tracking the interment, | ||||||
20 | entombment, or inurnment of human remains. | ||||||
21 | "Cemetery services" means those services customarily | ||||||
22 | performed by cemetery personnel in connection with the | ||||||
23 | interment, entombment, or inurnment of a dead human body. | ||||||
24 | "Certificate of organization" means the document received | ||||||
25 | by a cemetery association from the Secretary of State that | ||||||
26 | indicates that the cemetery association shall be deemed fully |
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1 | organized as a body corporate under the name adopted and in its | ||||||
2 | corporate name may sue and be sued. | ||||||
3 | "Comptroller" means the Comptroller of the State of | ||||||
4 | Illinois. | ||||||
5 | "Confidential information" means unique identifiers, | ||||||
6 | including a person's Social Security number, home address, | ||||||
7 | home phone number, personal phone number, personal email | ||||||
8 | address, personal financial information, and any other | ||||||
9 | information protected by law. | ||||||
10 | "Consumer" means an individual who purchases or who is | ||||||
11 | considering purchasing cemetery, burial, or cremation products | ||||||
12 | or services from a cemetery authority, whether for themselves | ||||||
13 | or for another person. | ||||||
14 | "Customer service employee" means an individual who has | ||||||
15 | direct contact with consumers to explain cemetery merchandise, | ||||||
16 | services, and interment rights and to execute the sale of | ||||||
17 | those items to consumers, whether at the cemetery or an | ||||||
18 | off-site location, irrespective of whether compensation is | ||||||
19 | paid by the cemetery authority or a third party. | ||||||
20 | "Department" means the Department of Financial and | ||||||
21 | Professional Regulation. | ||||||
22 | "Email address of record" means the designated email | ||||||
23 | address recorded by the Department in the applicant's | ||||||
24 | application file or the licensee's license file as maintained | ||||||
25 | by the Department's licensure maintenance unit. | ||||||
26 | "Employee" means an individual who works for a cemetery |
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1 | authority where the cemetery authority has the right to | ||||||
2 | control what work is performed and the details of how the work | ||||||
3 | is performed regardless of whether federal or State payroll | ||||||
4 | taxes are withheld. | ||||||
5 | "Entombment right" means the right to place individual | ||||||
6 | human remains or individual cremated human remains in a | ||||||
7 | specific mausoleum crypt or lawn crypt selected by a consumer | ||||||
8 | for use as a final resting place. | ||||||
9 | "Family burying ground" means a cemetery in which no lots, | ||||||
10 | crypts, or niches are sold to the public and in which | ||||||
11 | interments, inurnments, and entombments are restricted to the | ||||||
12 | immediate family or a group of individuals related to each | ||||||
13 | other by blood or marriage. | ||||||
14 | "Full exemption" means an exemption granted to a cemetery | ||||||
15 | authority pursuant to subsection (a) of Section 5-20. | ||||||
16 | "Funeral director" means a funeral director as defined by | ||||||
17 | the Funeral Directors and Embalmers Licensing Code. | ||||||
18 | "Grave" means a space of ground in a cemetery used or | ||||||
19 | intended to be used for burial. | ||||||
20 | "Green burial or cremation disposition" means burial or | ||||||
21 | cremation practices that reduce the greenhouse gas emissions, | ||||||
22 | waste, and toxic chemicals ordinarily created in burial or | ||||||
23 | cremation or, in the case of greenhouse gas emissions, | ||||||
24 | mitigate or offset emissions. Such practices include any | ||||||
25 | standards or method for burial or cremation that the | ||||||
26 | Department may name by rule. |
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1 | "Immediate family" means the designated agent of a person | ||||||
2 | or the persons given priority for the disposition of a | ||||||
3 | person's remains under the Disposition of Remains Act and | ||||||
4 | shall include a person's spouse, parents, grandparents, | ||||||
5 | children, grandchildren and siblings. | ||||||
6 | "Individual" means a natural person. | ||||||
7 | "Interment right" means the right to place individual | ||||||
8 | human remains or cremated human remains in a specific | ||||||
9 | underground location selected by a consumer for use as a final | ||||||
10 | resting place. | ||||||
11 | "Inurnment right" means the right to place individual | ||||||
12 | cremated human remains in a specific niche selected by the | ||||||
13 | consumer for use as a final resting place. | ||||||
14 | "Lawn crypt" means a permanent underground crypt installed | ||||||
15 | in multiple units for the entombment of human remains. | ||||||
16 | "Licensee" means a person licensed under this Act as a | ||||||
17 | cemetery authority, cemetery manager, or customer service | ||||||
18 | employee. Anyone who holds himself or herself out as a | ||||||
19 | licensee or who is accused of unlicensed practice is | ||||||
20 | considered a licensee for purposes of enforcement, | ||||||
21 | investigation, hearings, and the Illinois Administrative | ||||||
22 | Procedure Act. | ||||||
23 | "Mausoleum crypt" means a grouping of spaces constructed | ||||||
24 | of reinforced concrete or similar material constructed or | ||||||
25 | assembled above the ground for entombing remains. | ||||||
26 | "Niche" means a space in a columbarium or mausoleum used, |
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1 | or intended to be used, for inurnment of cremated human | ||||||
2 | remains. | ||||||
3 | "Partial exemption" means an exemption granted to a | ||||||
4 | cemetery authority pursuant to subsection (b) of Section 5-20. | ||||||
5 | "Parcel identification number" means a unique number | ||||||
6 | assigned by the Cemetery Oversight Database to a grave, plot, | ||||||
7 | crypt, or niche that enables the Department to ascertain the | ||||||
8 | precise location of a decedent's remains interred, entombed, | ||||||
9 | or inurned after the effective date of this Act. | ||||||
10 | "Person" means any individual, firm, partnership, | ||||||
11 | association, corporation, limited liability company, trustee, | ||||||
12 | government or political subdivision, or other entity. | ||||||
13 | "Public cemetery" means a cemetery owned, operated, | ||||||
14 | controlled, or managed by the federal government, by any | ||||||
15 | state, county, city, village, incorporated town, township, | ||||||
16 | multi-township, public cemetery district, or other municipal | ||||||
17 | corporation, political subdivision, or instrumentality thereof | ||||||
18 | authorized by law to own, operate, or manage a cemetery. | ||||||
19 | "Religious burying ground" means a cemetery in which no | ||||||
20 | lots, crypts, or niches are sold and in which interments, | ||||||
21 | inurnments, and entombments are restricted to a group of | ||||||
22 | individuals all belonging to a religious order or granted | ||||||
23 | burial rights by special consideration of the religious order. | ||||||
24 | "Religious cemetery" means a cemetery owned, operated, | ||||||
25 | controlled, and managed by any recognized church, religious | ||||||
26 | society, association, or denomination, or by any cemetery |
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