In response to unfortunate problems that surfaced at the Burr Oak Cemetery in the Chicago area, the General Assembly passed legislation in 2009 creating new regulations for cemeteries.  While changes may have been necessary, the new regulations were especially burdensome for small cemeteries.

During the waning hours of veto session on November 10, an amendment to SB 1830 has recently surfaced that would make changes to these cemetery regulations.  This amendment was a result of continued discussion between the Illinois Dept. of Financial and Professional Regulation and the cemetery industry.  The new language would reduce some of the regulatory burden placed on smaller cemeteries. 

Among the numerous changes made by the bill, it provides a complete exemption from the Act for cemeteries that are family or religious burying grounds; have not had an internment, inurnment, or entombment in 10 years; or are less than three acres. 

The bill requires exempt cemeteries to apply for an exemption every four years, but sets the fee for application and renewal at $0.  The bill also provides a limited exemption for a cemetery that has engaged in 25 or fewer internments, inurnments, or entombments of human remains for each of the preceding 2 calendar years; operates as a public cemetery; or operates as a religious cemetery.  Partially exempt cemeteries will also need to apply for their partial exemption every four years and will be required to pay a $150 application or renewal fee. 

Partially exempt cemeteries will continue to have regulations for reasonable maintenance, record keeping, and other items.  The bill also would make numerous other changes to the Cemetery Care Act.

This legislation is intended to reduce the regulatory burden placed on smaller cemeteries.

The Illinois Farm Bureau supports SB 1830 which passed out of the House Executive Committee but was not called for a vote on the floor.