Bill Text: IL SB1244 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Veterans Burial Places Act. Provides that the Department of Veterans' Affairs shall pay an amount not to exceed $125 (rather than $100) to the next of kin or $100 to the cemetery official responsible for the cost of transporting and erecting a headstone or memorial. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0317 [SB1244 Detail]

Download: Illinois-2019-SB1244-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1244 Introduced 2/6/2019, by Sen. Christopher Belt - Rachelle Crowe SYNOPSIS AS INTRODUCED:
225 ILCS 411/5-20
225 ILCS 411/20-13 new
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.
LRB101 10578 AMC 55684 b
A BILL FOR
SB1244 LRB101 10578 AMC 55684 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Cemetery Oversight Act is amended by
changing Section 5-20 and by adding Section 20-13 as follows:
(225 ILCS 411/5-20)
(Section scheduled to be repealed on January 1, 2021)
Sec. 5-20. Exemptions.
(a) Full exemption. Except as provided in this subsection,
this Act does not apply to (1) any cemetery authority operating
as a family burying ground or religious burying ground, (2) any
cemetery authority that has not engaged in an interment,
inurnment, or entombment of human remains within the last 10
years, or (3) any cemetery authority that is less than 3 acres.
For purposes of determining the applicability of this
subsection, the number of interments, inurnments, and
entombments shall be aggregated for each calendar year. A
cemetery authority claiming a full exemption shall apply for
exempt status as provided for in Section 10-20 of this Act. A
cemetery authority claiming a full exemption shall be subject
to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery
authority that performs activities that would disqualify it
from a full exemption is required to apply for licensure within

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one year following the date on which its activities would
disqualify it for a full exemption. A cemetery authority that
previously qualified for and maintained a full exemption that
fails to timely apply for licensure shall be deemed to have
engaged in unlicensed practice and shall be subject to
discipline in accordance with Article 25 of this Act.
(b) Partial exemption. If a cemetery authority does not
qualify for a full exemption and (1) engages in 25 or fewer
interments, inurnments, or entombments of human remains for
each of the preceding 2 calendar years, (2) operates as a
public cemetery, or (3) operates as a religious cemetery, then
the cemetery authority is partially exempt from this Act but
shall be required to comply with Sections 10-23, 10-40, 10-55,
10-60, subsections (a), (b), (b-5), (c), (d), and (h) of
Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-13, 20-30,
20-35, 20-40, 25-3, and 25-120, and Article 35 of this Act.
Cemetery authorities claiming a partial exemption shall apply
for the partial exemption as provided in Section 10-20 of this
Act. A cemetery authority that changes to a status that would
disqualify it from a partial exemption is required to apply for
licensure within one year following the date on which it
changes its status. A cemetery authority that maintains a
partial exemption that fails to timely apply for licensure
shall be deemed to have engaged in unlicensed practice and
shall be subject to discipline in accordance with Article 25 of
this Act.

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(c) Nothing in this Act applies to the City of Chicago in
its exercise of its powers under the O'Hare Modernization Act
or limits the authority of the City of Chicago to acquire
property or otherwise exercise its powers under the O'Hare
Modernization Act, or requires the City of Chicago, or any
person acting on behalf of the City of Chicago, to comply with
the licensing, regulation, investigation, or mediation
requirements of this Act in exercising its powers under the
O'Hare Modernization Act.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/20-13 new)
Sec. 20-13. Veterans; headstones and memorial markers. 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 pursuant to Section 2306 of Title 38 of the United
States Code. For the purposes of this Section, "placement"
means the installation of a headstone or memorial marker,
including, without limitation, labor, materials, machinery,
tools, and equipment.