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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3280 Introduced 2/7/2024, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
| | | 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. | |
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| | A BILL FOR |
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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| 7 | | (Section scheduled to be repealed on January 1, 2027) |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 |