On January 17, 2010, Governor Quinn signed the Cemetery Oversight Act.  The Act, which took effect on March 1, 2010, makes Illinois one of the leading pro-consumer states in the nation.  Among the Act’s key protections is the establishment of a Consumer Bill of Rights.  Under the Consumer Bill of Rights, a consumer is entitled to (1) purchase merchandise from a third-party vendor without incurring a penalty, (2) receive a standardized price list disclosing prices for all cemetery-related products, (3) obtain a burial contract that describes the exact location of the burial, (4) extend a “term burial,” which is a burial that is for a limited period of time, and (5) be protected from deceptive or unfair practices by the cemetery.

You can review the Cemetery Oversight Act here.

On March 1, 2010, the Cemetery Oversight Act took effect. Click here for some Frequently Asked Questions.

Consumers can click here for an informational brochure on cemetery and other final disposition purchases in Illinois.

Consumers requesting information or wishing to make a complaint about a cemetery can call the Cemetery Consumer Helpline at 1-888-RLOVED1 (1-888-756-8331). Please note that a cemetery licensed by the Comptroller remains under the Comptroller’s authority until the Department issues the cemetery a license under the Cemetery Oversight Act.  The Comptroller’s hotline is 1-877-203-3401.

As part of implementing the Act, the Department must create rules to explain certain provisions and supply technical details not contained in the Act.  The proposed rules, which can be found here, must go through a public comment period that began on Friday, April 9, 2010, during which the general public and other interested parties may submit comments on the rules.  Interested persons may submit written comments to:

                    Department of Financial and Professional Regulation
                    Attention:  Craig Cellini
                    320 West Washington, 3rd Floor
                    Springfield, IL  62786

                    217/785‑0813   FAX:  217/557-4451

The Department will only consider written comments received by May 24, 2010.  After those comments are considered and any revisions are made, the rules are considered by the Joint Committee on Administrative Rules (JCAR), which is a legislative committee comprised of state senators and state representatives.  Information about JCAR can be found at: www.ilga.gov/commission/jcar/.  Because the proposed rules may change throughout this process, consumers and people in the industry should not rely on or take any action based on the language in the proposed rules.

The Department has sent Transition Fee Invoices to cemeteries that are currently licensed by the Comptroller.  Payment of a Transition Fee is required by Section 75-55 of the Cemetery Oversight Act, which states that "all cemetery authorities not maintaining a full exemption or partial exemption shall pay a one-time fee of $20 to the Department plus an additional charge of $1 per burial unit per year within the cemetery."  As a general rule, cemeteries that are licensed by the Comptroller are not eligible for an exemption under the Act and will be required to pay the Transition Fee.  For purposes of the invoice, “burial unit” is construed to mean an interment, inurnment or entombment performed during the billing period.  In this case, the billing period includes interments, inurnments or entombments performed between and including March 1, 2010, and June 30, 2010.  The Cemetery Authority Transition Fee form and payment must be mailed on or before July 15, 2010.  A copy of the Transition Fee forms can be obtained by clicking here.