97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2515

 

Introduced 10/27/2011, by Sen. John O. Jones

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Repeals the Cemetery Oversight Act. Repeals provisions of Public Act 96-863 that would have repealed the Cemetery Care Act and the Cemetery Association Act on March 1, 2012. Repeals provisions of the State Finance Act listing special funds that were created by Public Act 96-863. Amends various Acts by deleting or repealing certain language that was added by Public Act 96-863 and by adding certain language that was deleted or repealed by Public Act 96-863. Makes other changes. Effective immediately.


LRB097 14091 CEL 58758 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    (225 ILCS 411/Act rep.)
5    Section 1. The Cemetery Oversight Act is repealed.
 
6    (P.A. 96-863, Sec. 90-90 rep.)
7    (P.A. 96-863, Sec. 90-95 rep.)
8    Section 2. "An Act concerning State government", approved
9January 19, 2010, Public Act 96-863, is amended by repealing
10Sections 90-90 and 90-95.
 
11    Section 3. The Regulatory Sunset Act is amended by changing
12Section 4.31 as follows:
 
13    (5 ILCS 80/4.31)
14    Sec. 4.31. Acts repealed on January 1, 2021. The following
15Acts are repealed on January 1, 2021:
16    The Crematory Regulation Act.
17    The Cemetery Oversight Act.
18    The Illinois Health Information Exchange and Technology
19Act.
20    The Radiation Protection Act of 1990.
21(Source: P.A. 96-1041, eff. 7-14-10; 96-1331, eff. 7-27-10;

 

 

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1incorporates P.A. 96-863, eff. 3-1-10; 97-333, eff. 8-12-11.)
 
2    Section 4. The Freedom of Information Act is amended by
3changing Section 7 as follows:
 
4    (5 ILCS 140/7)  (from Ch. 116, par. 207)
5    Sec. 7. Exemptions.
6    (1) When a request is made to inspect or copy a public
7record that contains information that is exempt from disclosure
8under this Section, but also contains information that is not
9exempt from disclosure, the public body may elect to redact the
10information that is exempt. The public body shall make the
11remaining information available for inspection and copying.
12Subject to this requirement, the following shall be exempt from
13inspection and copying:
14        (a) Information specifically prohibited from
15    disclosure by federal or State law or rules and regulations
16    implementing federal or State law.
17        (b) Private information, unless disclosure is required
18    by another provision of this Act, a State or federal law or
19    a court order.
20        (b-5) Files, documents, and other data or databases
21    maintained by one or more law enforcement agencies and
22    specifically designed to provide information to one or more
23    law enforcement agencies regarding the physical or mental
24    status of one or more individual subjects.

 

 

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1        (c) Personal information contained within public
2    records, the disclosure of which would constitute a clearly
3    unwarranted invasion of personal privacy, unless the
4    disclosure is consented to in writing by the individual
5    subjects of the information. "Unwarranted invasion of
6    personal privacy" means the disclosure of information that
7    is highly personal or objectionable to a reasonable person
8    and in which the subject's right to privacy outweighs any
9    legitimate public interest in obtaining the information.
10    The disclosure of information that bears on the public
11    duties of public employees and officials shall not be
12    considered an invasion of personal privacy.
13        (d) Records in the possession of any public body
14    created in the course of administrative enforcement
15    proceedings, and any law enforcement or correctional
16    agency for law enforcement purposes, but only to the extent
17    that disclosure would:
18            (i) interfere with pending or actually and
19        reasonably contemplated law enforcement proceedings
20        conducted by any law enforcement or correctional
21        agency that is the recipient of the request;
22            (ii) interfere with active administrative
23        enforcement proceedings conducted by the public body
24        that is the recipient of the request;
25            (iii) create a substantial likelihood that a
26        person will be deprived of a fair trial or an impartial

 

 

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1        hearing;
2            (iv) unavoidably disclose the identity of a
3        confidential source, confidential information
4        furnished only by the confidential source, or persons
5        who file complaints with or provide information to
6        administrative, investigative, law enforcement, or
7        penal agencies; except that the identities of
8        witnesses to traffic accidents, traffic accident
9        reports, and rescue reports shall be provided by
10        agencies of local government, except when disclosure
11        would interfere with an active criminal investigation
12        conducted by the agency that is the recipient of the
13        request;
14            (v) disclose unique or specialized investigative
15        techniques other than those generally used and known or
16        disclose internal documents of correctional agencies
17        related to detection, observation or investigation of
18        incidents of crime or misconduct, and disclosure would
19        result in demonstrable harm to the agency or public
20        body that is the recipient of the request;
21            (vi) endanger the life or physical safety of law
22        enforcement personnel or any other person; or
23            (vii) obstruct an ongoing criminal investigation
24        by the agency that is the recipient of the request.
25        (e) Records that relate to or affect the security of
26    correctional institutions and detention facilities.

 

 

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1        (f) Preliminary drafts, notes, recommendations,
2    memoranda and other records in which opinions are
3    expressed, or policies or actions are formulated, except
4    that a specific record or relevant portion of a record
5    shall not be exempt when the record is publicly cited and
6    identified by the head of the public body. The exemption
7    provided in this paragraph (f) extends to all those records
8    of officers and agencies of the General Assembly that
9    pertain to the preparation of legislative documents.
10        (g) Trade secrets and commercial or financial
11    information obtained from a person or business where the
12    trade secrets or commercial or financial information are
13    furnished under a claim that they are proprietary,
14    privileged or confidential, and that disclosure of the
15    trade secrets or commercial or financial information would
16    cause competitive harm to the person or business, and only
17    insofar as the claim directly applies to the records
18    requested.
19        The information included under this exemption includes
20    all trade secrets and commercial or financial information
21    obtained by a public body, including a public pension fund,
22    from a private equity fund or a privately held company
23    within the investment portfolio of a private equity fund as
24    a result of either investing or evaluating a potential
25    investment of public funds in a private equity fund. The
26    exemption contained in this item does not apply to the

 

 

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1    aggregate financial performance information of a private
2    equity fund, nor to the identity of the fund's managers or
3    general partners. The exemption contained in this item does
4    not apply to the identity of a privately held company
5    within the investment portfolio of a private equity fund,
6    unless the disclosure of the identity of a privately held
7    company may cause competitive harm.
8        Nothing contained in this paragraph (g) shall be
9    construed to prevent a person or business from consenting
10    to disclosure.
11        (h) Proposals and bids for any contract, grant, or
12    agreement, including information which if it were
13    disclosed would frustrate procurement or give an advantage
14    to any person proposing to enter into a contractor
15    agreement with the body, until an award or final selection
16    is made. Information prepared by or for the body in
17    preparation of a bid solicitation shall be exempt until an
18    award or final selection is made.
19        (i) Valuable formulae, computer geographic systems,
20    designs, drawings and research data obtained or produced by
21    any public body when disclosure could reasonably be
22    expected to produce private gain or public loss. The
23    exemption for "computer geographic systems" provided in
24    this paragraph (i) does not extend to requests made by news
25    media as defined in Section 2 of this Act when the
26    requested information is not otherwise exempt and the only

 

 

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1    purpose of the request is to access and disseminate
2    information regarding the health, safety, welfare, or
3    legal rights of the general public.
4        (j) The following information pertaining to
5    educational matters:
6            (i) test questions, scoring keys and other
7        examination data used to administer an academic
8        examination;
9            (ii) information received by a primary or
10        secondary school, college, or university under its
11        procedures for the evaluation of faculty members by
12        their academic peers;
13            (iii) information concerning a school or
14        university's adjudication of student disciplinary
15        cases, but only to the extent that disclosure would
16        unavoidably reveal the identity of the student; and
17            (iv) course materials or research materials used
18        by faculty members.
19        (k) Architects' plans, engineers' technical
20    submissions, and other construction related technical
21    documents for projects not constructed or developed in
22    whole or in part with public funds and the same for
23    projects constructed or developed with public funds,
24    including but not limited to power generating and
25    distribution stations and other transmission and
26    distribution facilities, water treatment facilities,

 

 

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1    airport facilities, sport stadiums, convention centers,
2    and all government owned, operated, or occupied buildings,
3    but only to the extent that disclosure would compromise
4    security.
5        (l) Minutes of meetings of public bodies closed to the
6    public as provided in the Open Meetings Act until the
7    public body makes the minutes available to the public under
8    Section 2.06 of the Open Meetings Act.
9        (m) Communications between a public body and an
10    attorney or auditor representing the public body that would
11    not be subject to discovery in litigation, and materials
12    prepared or compiled by or for a public body in
13    anticipation of a criminal, civil or administrative
14    proceeding upon the request of an attorney advising the
15    public body, and materials prepared or compiled with
16    respect to internal audits of public bodies.
17        (n) Records relating to a public body's adjudication of
18    employee grievances or disciplinary cases; however, this
19    exemption shall not extend to the final outcome of cases in
20    which discipline is imposed.
21        (o) Administrative or technical information associated
22    with automated data processing operations, including but
23    not limited to software, operating protocols, computer
24    program abstracts, file layouts, source listings, object
25    modules, load modules, user guides, documentation
26    pertaining to all logical and physical design of

 

 

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1    computerized systems, employee manuals, and any other
2    information that, if disclosed, would jeopardize the
3    security of the system or its data or the security of
4    materials exempt under this Section.
5        (p) Records relating to collective negotiating matters
6    between public bodies and their employees or
7    representatives, except that any final contract or
8    agreement shall be subject to inspection and copying.
9        (q) Test questions, scoring keys, and other
10    examination data used to determine the qualifications of an
11    applicant for a license or employment.
12        (r) The records, documents, and information relating
13    to real estate purchase negotiations until those
14    negotiations have been completed or otherwise terminated.
15    With regard to a parcel involved in a pending or actually
16    and reasonably contemplated eminent domain proceeding
17    under the Eminent Domain Act, records, documents and
18    information relating to that parcel shall be exempt except
19    as may be allowed under discovery rules adopted by the
20    Illinois Supreme Court. The records, documents and
21    information relating to a real estate sale shall be exempt
22    until a sale is consummated.
23        (s) Any and all proprietary information and records
24    related to the operation of an intergovernmental risk
25    management association or self-insurance pool or jointly
26    self-administered health and accident cooperative or pool.

 

 

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1    Insurance or self insurance (including any
2    intergovernmental risk management association or self
3    insurance pool) claims, loss or risk management
4    information, records, data, advice or communications.
5        (t) Information contained in or related to
6    examination, operating, or condition reports prepared by,
7    on behalf of, or for the use of a public body responsible
8    for the regulation or supervision of financial
9    institutions or insurance companies, unless disclosure is
10    otherwise required by State law.
11        (u) Information that would disclose or might lead to
12    the disclosure of secret or confidential information,
13    codes, algorithms, programs, or private keys intended to be
14    used to create electronic or digital signatures under the
15    Electronic Commerce Security Act.
16        (v) Vulnerability assessments, security measures, and
17    response policies or plans that are designed to identify,
18    prevent, or respond to potential attacks upon a community's
19    population or systems, facilities, or installations, the
20    destruction or contamination of which would constitute a
21    clear and present danger to the health or safety of the
22    community, but only to the extent that disclosure could
23    reasonably be expected to jeopardize the effectiveness of
24    the measures or the safety of the personnel who implement
25    them or the public. Information exempt under this item may
26    include such things as details pertaining to the

 

 

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1    mobilization or deployment of personnel or equipment, to
2    the operation of communication systems or protocols, or to
3    tactical operations.
4        (w) (Blank).
5        (x) Maps and other records regarding the location or
6    security of generation, transmission, distribution,
7    storage, gathering, treatment, or switching facilities
8    owned by a utility, by a power generator, or by the
9    Illinois Power Agency.
10        (y) Information contained in or related to proposals,
11    bids, or negotiations related to electric power
12    procurement under Section 1-75 of the Illinois Power Agency
13    Act and Section 16-111.5 of the Public Utilities Act that
14    is determined to be confidential and proprietary by the
15    Illinois Power Agency or by the Illinois Commerce
16    Commission.
17        (z) Information about students exempted from
18    disclosure under Sections 10-20.38 or 34-18.29 of the
19    School Code, and information about undergraduate students
20    enrolled at an institution of higher education exempted
21    from disclosure under Section 25 of the Illinois Credit
22    Card Marketing Act of 2009.
23        (aa) Information the disclosure of which is exempted
24    under the Viatical Settlements Act of 2009.
25        (bb) Records and information provided to a mortality
26    review team and records maintained by a mortality review

 

 

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1    team appointed under the Department of Juvenile Justice
2    Mortality Review Team Act.
3        (cc) (Blank). Information regarding interments,
4    entombments, or inurnments of human remains that are
5    submitted to the Cemetery Oversight Database under the
6    Cemetery Care Act or the Cemetery Oversight Act, whichever
7    is applicable.
8        (dd) Correspondence and records (i) that may not be
9    disclosed under Section 11-9 of the Public Aid Code or (ii)
10    that pertain to appeals under Section 11-8 of the Public
11    Aid Code.
12        (ee) (dd) The names, addresses, or other personal
13    information of persons who are minors and are also
14    participants and registrants in programs of park
15    districts, forest preserve districts, conservation
16    districts, recreation agencies, and special recreation
17    associations.
18        (ff) (ee) The names, addresses, or other personal
19    information of participants and registrants in programs of
20    park districts, forest preserve districts, conservation
21    districts, recreation agencies, and special recreation
22    associations where such programs are targeted primarily to
23    minors.
24    (2) A public record that is not in the possession of a
25public body but is in the possession of a party with whom the
26agency has contracted to perform a governmental function on

 

 

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1behalf of the public body, and that directly relates to the
2governmental function and is not otherwise exempt under this
3Act, shall be considered a public record of the public body,
4for purposes of this Act.
5    (3) This Section does not authorize withholding of
6information or limit the availability of records to the public,
7except as stated in this Section or otherwise provided in this
8Act.
9(Source: P.A. 96-261, eff. 1-1-10; 96-328, eff. 8-11-09;
1096-542, eff. 1-1-10; 96-558, eff. 1-1-10; 96-736, eff. 7-1-10;
1196-863, eff. 3-1-10; 96-1378, eff. 7-29-10; 97-333, eff.
128-12-11; 97-385, eff. 8-15-11; 97-452, eff. 8-19-11; revised
139-2-11.)
 
14    Section 5. The Human Skeletal Remains Protection Act is
15amended by changing Section 1 as follows:
 
16    (20 ILCS 3440/1)  (from Ch. 127, par. 2661)
17    Sec. 1. Definitions. For the purposes of this Act:
18    (a) "Human skeletal remains" include the bones and
19decomposed fleshy parts of a deceased human body.
20    (b) "Unregistered graves" are any graves or locations where
21a human body has been buried or deposited; is over 100 years
22old; and is not in a cemetery under the authority of the
23Illinois Department of Financial and Professional Regulation
24pursuant to the Cemetery Oversight Act registered with the

 

 

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1State Comptroller under the Cemetery Care Act.
2    (c) "Grave artifacts" are any item of human manufacture or
3use that is associated with the human skeletal remains in an
4unregistered grave.
5    (d) "Grave markers" are any tomb, monument, stone,
6ornament, mound, or other item of human manufacture that is
7associated with an unregistered grave.
8    (e) "Person" means any natural individual, firm, trust,
9estate, partnership, association, joint stock company, joint
10venture, corporation or a receiver, trustee, guardian or other
11representatives appointed by order of any court, the Federal
12and State governments, including State Universities created by
13statute or any city, town, county or other political
14subdivision of this State.
15    (f) "Disturb" includes excavating, removing, exposing,
16defacing, mutilating, destroying, molesting, or desecrating in
17any way human skeletal remains, unregistered graves, and grave
18markers.
19(Source: P.A. 96-863, eff. 3-1-10.)
 
20    (30 ILCS 105/5.775 rep.)
21    (30 ILCS 105/5.776 rep.)
22    Section 10. The State Finance Act is amended by repealing
23Sections 5.775 and 5.776.
 
24    Section 25. The Crematory Regulation Act is amended by

 

 

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1changing Sections 5, 10, 11, 11.5, 13, 20, 22, 25, 40, 55, 60,
262, 62.5, 62.10, 62.15, 62.20, 65, and 80 as follows:
 
3    (410 ILCS 18/5)
4    Sec. 5. Definitions. As used in this Act:
5    "Address of record" means the designated address recorded
6by the Department in the applicant's or licensee's application
7file or license file. It is the duty of the applicant or
8licensee to inform the Department of any change of address
9within 14 days, and such changes must be made either through
10the Department's website or by contacting the Department's
11licensure maintenance unit. The address of record shall be the
12permanent street address of the crematory.
13    "Alternative container" means a receptacle, other than a
14casket, in which human remains are transported to the crematory
15and placed in the cremation chamber for cremation. An
16alternative container shall be (i) composed of readily
17combustible materials suitable for cremation, (ii) able to be
18closed in order to provide a complete covering for the human
19remains, (iii) resistant to leakage or spillage, (iv) rigid
20enough for handling with ease, and (v) able to provide
21protection for the health, safety, and personal integrity of
22crematory personnel.
23    "Authorizing agent" means a person legally entitled to
24order the cremation and final disposition of specific human
25remains.

 

 

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1    "Body parts" means limbs or other portions of the anatomy
2that are removed from a person or human remains for medical
3purposes during treatment, surgery, biopsy, autopsy, or
4medical research; or human bodies or any portion of bodies that
5have been donated to science for medical research purposes.
6    "Burial transit permit" means a permit for disposition of a
7dead human body as required by Illinois law.
8    "Casket" means a rigid container that is designed for the
9encasement of human remains, is usually constructed of wood,
10metal, or like material and ornamented and lined with fabric,
11and may or may not be combustible.
12    "Change of ownership" means a transfer of more than 50% of
13the stock or assets of a crematory authority.
14    "Comptroller" means the Comptroller of the State of
15Illinois.
16    "Cremated remains" means all human remains recovered after
17the completion of the cremation, which may possibly include the
18residue of any foreign matter including casket material,
19bridgework, or eyeglasses, that was cremated with the human
20remains.
21    "Cremation" means the technical process, using heat and
22flame, that reduces human remains to bone fragments. The
23reduction takes place through heat and evaporation. Cremation
24shall include the processing, and may include the
25pulverization, of the bone fragments.
26    "Cremation chamber" means the enclosed space within which

 

 

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1the cremation takes place.
2    "Cremation interment container" means a rigid outer
3container that, subject to a cemetery's rules and regulations,
4is composed of concrete, steel, fiberglass, or some similar
5material in which an urn is placed prior to being interred in
6the ground, and which is designed to withstand prolonged
7exposure to the elements and to support the earth above the
8urn.
9    "Cremation room" means the room in which the cremation
10chamber is located.
11    "Crematory" means the building or portion of a building
12that houses the cremation room and the holding facility.
13    "Crematory authority" means the legal entity which is
14licensed by the Department Comptroller to operate a crematory
15and to perform cremations.
16    "Department" means the Illinois Department of Financial
17and Professional Regulation Illinois Department of Public
18Health.
19    "Final disposition" means the burial, cremation, or other
20disposition of a dead human body or parts of a dead human body.
21    "Funeral director" means a person known by the title of
22"funeral director", "funeral director and embalmer", or other
23similar words or titles, licensed by the State to practice
24funeral directing or funeral directing and embalming.
25    "Funeral establishment" means a building or separate
26portion of a building having a specific street address and

 

 

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1location and devoted to activities relating to the shelter,
2care, custody, and preparation of a deceased human body and may
3contain facilities for funeral or wake services.
4    "Holding facility" means an area that (i) is designated for
5the retention of human remains prior to cremation, (ii)
6complies with all applicable public health law, (iii) preserves
7the health and safety of the crematory authority personnel, and
8(iv) is secure from access by anyone other than authorized
9persons. A holding facility may be located in a cremation room.
10    "Human remains" means the body of a deceased person,
11including any form of body prosthesis that has been permanently
12attached or implanted in the body.
13    "Licensee" means an entity licensed under this Act. An
14entity that holds itself as a licensee or that is accused of
15unlicensed practice is considered a licensee for purposes of
16enforcement, investigation, hearings, and the Illinois
17Administrative Procedure Act.
18    "Niche" means a compartment or cubicle for the
19memorialization and permanent placement of an urn containing
20cremated remains.
21    "Person" means any person, partnership, association,
22corporation, limited liability company, or other entity, and in
23the case of any such business organization, its officers,
24partners, members, or shareholders possessing 25% or more of
25ownership of the entity.
26    "Processing" means the reduction of identifiable bone

 

 

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1fragments after the completion of the cremation process to
2unidentifiable bone fragments by manual or mechanical means.
3    "Pulverization" means the reduction of identifiable bone
4fragments after the completion of the cremation process to
5granulated particles by manual or mechanical means.
6    "Scattering area" means an area which may be designated by
7a cemetery and located on dedicated cemetery property where
8cremated remains, which have been removed from their container,
9can be mixed with, or placed on top of, the soil or ground
10cover.
11    "Secretary" means the Secretary of Financial and
12Professional Regulation.
13    "Temporary container" means a receptacle for cremated
14remains, usually composed of cardboard, plastic or similar
15material, that can be closed in a manner that prevents the
16leakage or spillage of the cremated remains or the entrance of
17foreign material, and is a single container of sufficient size
18to hold the cremated remains until an urn is acquired or the
19cremated remains are scattered.
20    "Urn" means a receptacle designed to encase the cremated
21remains.
22(Source: P.A. 96-863, eff. 3-1-12.)
 
23    (410 ILCS 18/10)
24    Sec. 10. Establishment of crematory and licensing of
25crematory authority.

 

 

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1    (a) Any person doing business in this State, or any
2cemetery, funeral establishment, corporation, partnership,
3joint venture, voluntary organization or any other entity, may
4erect, maintain, and operate a crematory in this State and
5provide the necessary appliances and facilities for the
6cremation of human remains in accordance with this Act.
7    (b) A crematory shall be subject to all local, State, and
8federal health and environmental protection requirements and
9shall obtain all necessary licenses and permits from the
10Department of Financial and Professional Regulation, the
11Department of Public Health, the federal Department of Health
12and Human Services, and the Illinois and federal Environmental
13Protection Agencies, or such other appropriate local, State, or
14federal agencies.
15    (c) A crematory may be constructed on or adjacent to any
16cemetery, on or adjacent to any funeral establishment, or at
17any other location consistent with local zoning regulations.
18    (d) An application for licensure as a crematory authority
19shall be in writing on forms furnished by the Department
20Comptroller. Applications shall be accompanied by a reasonable
21fee determined by rule of $50 and shall contain all of the
22following:
23        (1) The full name and address, both residence and
24    business, of the applicant if the applicant is an
25    individual; the full name and address of every member if
26    the applicant is a partnership; the full name and address

 

 

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1    of every member of the board of directors if the applicant
2    is an association; and the name and address of every
3    officer, director, and shareholder holding more than 25% of
4    the corporate stock if the applicant is a corporation.
5        (2) The address and location of the crematory.
6        (3) A description of the type of structure and
7    equipment to be used in the operation of the crematory,
8    including the operating permit number issued to the
9    cremation device by the Illinois Environmental Protection
10    Agency.
11        (3.5) Attestation by the owner that cremation services
12    shall be by a person trained in accordance with the
13    requirements of Section 22 of this Act.
14        (3.10) A copy of the certification or certifications
15    issued by the certification program to the person or
16    persons who will operate the cremation device.
17        (4) Any further information that the Department
18    Comptroller reasonably may require as established by rule.
19    (e) Each crematory authority shall file an annual report
20with the Department Comptroller, accompanied with a reasonable
21$25 fee determined by rule, providing (i) an affidavit signed
22by the owner of the crematory authority that at the time of the
23report the cremation device was in proper operating condition,
24(ii) the total number of all cremations performed at the
25crematory during the past year, (iii) attestation by the
26licensee that all applicable permits and certifications are

 

 

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1valid, and (iv) either (A) any changes required in the
2information provided under subsection (d) or (B) an indication
3that no changes have occurred, and (v) any other information
4that the Department may require as established by rule. The
5annual report shall be filed by a crematory authority on or
6before March 15 of each calendar year, in the Office of the
7Comptroller. If the fiscal year of a crematory authority is
8other than on a calendar year basis, then the crematory
9authority shall file the report required by this Section within
1075 days after the end of its fiscal year. The Comptroller
11shall, for good cause shown, grant an extension for the filing
12of the annual report upon the written request of the crematory
13authority. An extension shall not exceed 60 days. If the fiscal
14year of a crematory authority is other than on a calendar year
15basis, then the crematory authority shall file the report
16required by this Section within 75 days after the end of its
17fiscal year. If a crematory authority fails to submit an annual
18report to the Department Comptroller within the time specified
19in this Section, the Department Comptroller shall impose upon
20the crematory authority a penalty as provided for by rule of $5
21for each and every day the crematory authority remains
22delinquent in submitting the annual report. The Department
23Comptroller may abate all or part of the $5 daily penalty for
24good cause shown.
25    (f) All records required to be maintained under this Act,
26including but not limited to those relating to the license and

 

 

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1annual report of the crematory authority required to be filed
2under this Section, shall be subject to inspection by the
3Comptroller upon reasonable notice.
4    (g) The Department Comptroller may inspect crematory
5records at the crematory authority's place of business to
6review the licensee's compliance with this Act. The inspection
7must include verification that:
8        (1) the crematory authority has complied with
9    record-keeping requirements of this Act;
10        (2) a crematory device operator's certification of
11    training is conspicuously displayed at the crematory;
12        (3) the cremation device has a current operating permit
13    issued by the Illinois Environmental Protection Agency and
14    the permit is conspicuously displayed in the crematory;
15        (4) the crematory authority is in compliance with local
16    zoning requirements; and
17        (5) the crematory authority license issued by the
18    Department Comptroller is conspicuously displayed at the
19    crematory.
20        (6) other details as determined by rule.
21    (h) The Department Comptroller shall issue licenses under
22this Act to the crematories that are registered with the
23Comptroller as of on March 1, 2012 July 1, 2003 without
24requiring the previously registered crematories to complete
25license applications.
26(Source: P.A. 96-863, eff. 3-1-12.)
 

 

 

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1    (410 ILCS 18/11)
2    Sec. 11. Grounds for denial or discipline refusal of
3license or suspension or revocation of license.
4    (a) In this Section, "applicant" means a person who has
5applied for a license under this Act including those persons
6whose names are listed on a license application in Section 10
7of this Act.
8    (b) The Department Comptroller may refuse to issue a
9license, place on probation, reprimand, or take other
10disciplinary action that the Department may deem appropriate,
11including imposing fines not to exceed $10,000 for each
12violation, with regard to any a license under this Act, or may
13suspend or revoke a license issued under this Act, on any of
14the following grounds:
15        (1) The applicant or licensee has made any
16    misrepresentation or false statement or concealed any
17    material fact in furnishing information to the Department
18    connection with a license application or licensure under
19    this Act.
20        (2) The applicant or licensee has been engaged in
21    business practices that work a fraud.
22        (3) The applicant or licensee has refused to give
23    information required under this Act to be disclosed to the
24    Department or failing, within 30 days, to provide
25    information in response to a written request made by the

 

 

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1    Department Comptroller.
2        (4) Engaging in dishonorable, unethical, or
3    unprofessional conduct of a character likely to deceive,
4    defraud, or harm the public. The applicant or licensee has
5    conducted or is about to conduct cremation business in a
6    fraudulent manner.
7        (5) As to any individual listed in the license
8    application as required under Section 10, that individual
9    has conducted or is about to conduct any cremation business
10    on behalf of the applicant in a fraudulent manner or has
11    been convicted of any felony or misdemeanor an essential
12    element of which is fraud.
13        (6) The applicant or licensee has failed to make the
14    annual report required by this Act or to comply with a
15    final order, decision, or finding of the Department
16    Comptroller made under this Act.
17        (7) The applicant or licensee, including any member,
18    officer, or director of the applicant or licensee if the
19    applicant or licensee is a firm, partnership, association,
20    or corporation and including any shareholder holding more
21    than 25% of the corporate stock of the applicant or
22    licensee, has violated any provision of this Act or any
23    regulation or order made by the Department Comptroller
24    under this Act.
25        (8) The Department Comptroller finds any fact or
26    condition existing that, if it had existed at the time of

 

 

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1    the original application for a license under this Act,
2    would have warranted the Comptroller in refusing the
3    issuance of the license.
4        (9) Any violation of this Act or of the rules adopted
5    under this Act.
6        (10) Incompetence.
7        (11) Gross malpractice.
8        (12) Discipline by another state, District of
9    Columbia, territory, or foreign nation, if at least one of
10    the grounds for the discipline is the same or substantially
11    equivalent to those set forth in this Section.
12        (13) Directly or indirectly giving to or receiving from
13    any person, firm, corporation, partnership, or association
14    any fee, commission, rebate, or other form of compensation
15    for professional services not actually or personally
16    rendered.
17        (14) A finding by the Department that the licensee,
18    after having its license placed on probationary status, has
19    violated the terms of probation.
20        (15) Willfully making or filing false records or
21    reports, including, but not limited to, false records filed
22    with State agencies or departments.
23        (16) Gross, willful, or continued overcharging for
24    professional services, including filing false statements
25    for collection of fees for which services are not rendered.
26        (17) Practicing under a false or, except as provided by

 

 

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1    law, an assumed name.
2        (18) Cheating on or attempting to subvert this Act's
3    licensing application process.
4(Source: P.A. 96-863, eff. 3-1-12.)
 
5    (410 ILCS 18/11.5)
6    Sec. 11.5. License revocation or suspension; surrender of
7license.
8    (a) (Blank). Upon determining that grounds exist for the
9revocation or suspension of a license issued under this Act,
10the Comptroller, if appropriate, may revoke or suspend the
11license issued to the licensee.
12    (b) Upon the revocation or suspension of a license issued
13under this Act, the licensee must immediately surrender the
14license to the Department Comptroller. If the licensee fails to
15do so, the Department Comptroller may seize the license.
16(Source: P.A. 96-863, eff. 3-1-12.)
 
17    (410 ILCS 18/13)
18    Sec. 13. License; display; transfer; duration.
19    (a) Every license issued under this Act must state the
20number of the license, the business name and address of the
21licensee's principal place of business, and the licensee's
22parent company, if any. The license must be conspicuously
23posted in the place of business operating under the license.
24    (b) After initial licensure, if any person comes to obtain

 

 

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1at least 25% of the ownership over the licensed crematory
2authority, then the crematory authority shall have to apply for
3a new license and receive licensure in the required time as set
4out by rule. No license is transferable or assignable without
5the express written consent of the Comptroller. A transfer of
6more than 50% of the ownership of any business licensed under
7this Act shall be deemed to be an attempted assignment of the
8license originally issued to the licensee for whom consent of
9the Comptroller is required.
10    (c) Every license issued under this Act shall remain in
11force until it has been surrendered, suspended, or revoked in
12accordance with this Act. Upon the request of an interested
13person or on the Department's Comptroller's own motion, the
14Department Comptroller may issue a new license to a licensee
15whose license has been revoked under this Act if no factor or
16condition then exists which would have warranted the Department
17Comptroller in originally refusing the issuance of the license.
18(Source: P.A. 96-863, eff. 3-1-12.)
 
19    (410 ILCS 18/20)
20    Sec. 20. Authorization to cremate.
21    (a) A crematory authority shall not cremate human remains
22until it has received all of the following:
23        (1) A cremation authorization form signed by an
24    authorizing agent. The cremation authorization form shall
25    be provided by the crematory authority and shall contain,

 

 

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1    at a minimum, the following information:
2            (A) The identity of the human remains and the time
3        and date of death.
4            (B) The name of the funeral director and or funeral
5        establishment, if applicable, that obtained the
6        cremation authorization.
7            (C) Notification as to whether the death occurred
8        from a disease declared by the Department of Health to
9        be infectious, contagious, communicable, or dangerous
10        to the public health.
11            (D) The name of the authorizing agent and the
12        relationship between the authorizing agent and the
13        decedent.
14            (E) A representation that the authorizing agent
15        does in fact have the right to authorize the cremation
16        of the decedent, and that the authorizing agent is not
17        aware of any living person who has a superior priority
18        right to that of the authorizing agent, as set forth in
19        Section 15. In the event there is another living person
20        who has a superior priority right to that of the
21        authorizing agent, the form shall contain a
22        representation that the authorizing agent has made all
23        reasonable efforts to contact that person, has been
24        unable to do so, and has no reason to believe that the
25        person would object to the cremation of the decedent.
26            (F) Authorization for the crematory authority to

 

 

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1        cremate the human remains.
2            (G) A representation that the human remains do not
3        contain a pacemaker or any other material or implant
4        that may be potentially hazardous or cause damage to
5        the cremation chamber or the person performing the
6        cremation.
7            (H) The name of the person authorized to receive
8        the cremated remains from the crematory authority.
9            (I) The manner in which final disposition of the
10        cremated remains is to take place, if known. If the
11        cremation authorization form does not specify final
12        disposition in a grave, crypt, niche, or scattering
13        area, then the form may indicate that the cremated
14        remains will be held by the crematory authority for 30
15        days before they are released, unless they are picked
16        up from the crematory authority prior to that time, in
17        person, by the authorizing agent. At the end of the 30
18        days the crematory authority may return the cremated
19        remains to the authorizing agent if no final
20        disposition arrangements are made; or at the end of 60
21        days the crematory authority may dispose of the
22        cremated remains in accordance with subsection (d) of
23        Section 40.
24            (J) A listing of any items of value to be delivered
25        to the crematory authority along with the human
26        remains, and instructions as to how the items should be

 

 

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1        handled.
2            (K) A specific statement as to whether the
3        authorizing agent has made arrangements for any type of
4        viewing of the decedent before cremation, or for a
5        service with the decedent present before cremation in
6        connection with the cremation, and if so, the date and
7        time of the viewing or service and whether the
8        crematory authority is authorized to proceed with the
9        cremation upon receipt of the human remains.
10            (L) The signature of the authorizing agent,
11        attesting to the accuracy of all representations
12        contained on the cremation authorization form, except
13        as set forth in paragraph (M) of this subsection.
14            (M) If a cremation authorization form is being
15        executed on a pre-need basis, the cremation
16        authorization form shall contain the disclosure
17        required by subsection (b) of Section 140 65.
18            (N) The cremation authorization form, other than
19        pre-need cremation forms, shall also be signed by a
20        funeral director or other representative of the
21        funeral establishment that obtained the cremation
22        authorization. That individual shall merely execute
23        the cremation authorization form as a witness and shall
24        not be responsible for any of the representations made
25        by the authorizing agent, unless the individual has
26        actual knowledge to the contrary. The information

 

 

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1        requested by items (A), (B), (C) and (G) of this
2        subsection, however, shall be considered to be
3        representations of the authorizing agent. In addition,
4        the funeral director or funeral establishment shall
5        warrant to the crematory that the human remains
6        delivered to the crematory authority are the human
7        remains identified on the cremation authorization
8        form.
9        (2) A completed and executed burial transit permit
10    indicating that the human remains are to be cremated.
11        (3) Any other documentation required by this State.
12    (b) If an authorizing agent is not available to execute a
13cremation authorization form in person, that person may
14delegate that authority to another person in writing, or by
15sending the crematory authority a facsimile transmission that
16contains the name, address, and relationship of the sender to
17the decedent and the name and address of the individual to whom
18authority is delegated. Upon receipt of the written document,
19or facsimile transmission, telegram, or other electronic
20telecommunications transmission which specifies the individual
21to whom authority has been delegated, the crematory authority
22shall allow this individual to serve as the authorizing agent
23and to execute the cremation authorization form. The crematory
24authority shall be entitled to rely upon the cremation
25authorization form without liability.
26    (c) An authorizing agent who signs a cremation

 

 

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1authorization form shall be deemed to warrant the truthfulness
2of any facts set forth on the cremation authorization form,
3including that person's authority to order the cremation;
4except for the information required by items (C) and (G) of
5paragraph (1) of subsection (a) of this Section, unless the
6authorizing agent has actual knowledge to the contrary. An
7authorizing agent signing a cremation authorization form shall
8be personally and individually liable for all damages
9occasioned by and resulting from authorizing the cremation.
10    (d) A crematory authority shall have authority to cremate
11human remains upon the receipt of a cremation authorization
12form signed by an authorizing agent. There shall be no
13liability for a crematory authority that cremates human remains
14according to an authorization, or that releases or disposes of
15the cremated remains according to an authorization, except for
16a crematory authority's gross negligence, provided that the
17crematory authority performs its functions in compliance with
18this Act.
19    (e) After an authorizing agent has executed a cremation
20authorization form, the authorizing agent may revoke the
21authorization and instruct the crematory authority to cancel
22the cremation and to release or deliver the human remains to
23another crematory authority or funeral establishment. The
24instructions shall be provided to the crematory authority in
25writing. A crematory authority shall honor any instructions
26given to it by an authorizing agent under this Section if it

 

 

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1receives the instructions prior to beginning the cremation of
2the human remains.
3(Source: P.A. 96-863, eff. 3-1-12.)
 
4    (410 ILCS 18/22)
5    Sec. 22. Performance of cremation service; training. A
6person may not perform a cremation service in this State unless
7he or she has completed training in performing cremation
8services and received certification by a program recognized by
9the Department Comptroller. The crematory authority must
10conspicuously display the certification at the crematory
11authority's place of business. Any new employee shall have a
12reasonable time period, as determined by rule not to exceed one
13year, to attend a recognized training program. In the interim,
14the new employee may perform a cremation service if he or she
15has received training from another person who has received
16certification by a program recognized by the Department and is
17under the supervision of the trained person Comptroller. For
18purposes of this Act, the Department may Comptroller shall
19recognize any training program that provides training in the
20operation of a cremation device, in the maintenance of a clean
21facility, and in the proper handling of human remains. The
22Department may Comptroller shall recognize any course that is
23conducted by a death care trade association in Illinois or the
24United States or by a manufacturer of a cremation unit that is
25consistent with the standards provided in this Act or as

 

 

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1otherwise determined by rule.
2(Source: P.A. 96-863, eff. 3-1-12.)
 
3    (410 ILCS 18/25)
4    Sec. 25. Recordkeeping.
5    (a) The crematory authority shall furnish to the person who
6delivers human remains to the crematory authority a receipt
7signed at the time of delivery by both the crematory authority
8and the person who delivers the human remains, showing the date
9and time of the delivery, the type of casket or alternative
10container that was delivered, the name of the person from whom
11the human remains were received and the name of the funeral
12establishment or other entity with whom the person is
13affiliated, the name of the person who received the human
14remains on behalf of the crematory authority, and the name of
15the decedent. The crematory shall retain a copy of this receipt
16in its permanent records.
17    (b) Upon its release of cremated remains, the crematory
18authority shall furnish to the person who receives the cremated
19remains from the crematory authority a receipt signed by both
20the crematory authority and the person who receives the
21cremated remains, showing the date and time of the release, the
22name of the person to whom the cremated remains were released
23and the name of the funeral establishment, cemetery, or other
24entity with whom the person is affiliated, the name of the
25person who released the cremated remains on behalf of the

 

 

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1crematory authority, and the name of the decedent. The
2crematory shall retain a copy of this receipt in its permanent
3records.
4    (c) A crematory authority shall maintain at its place of
5business a permanent record of each cremation that took place
6at its facility which shall contain the name of the decedent,
7the date of the cremation, and the final disposition of the
8cremated remains.
9    (d) The crematory authority shall maintain a record of all
10cremated remains disposed of by the crematory authority in
11accordance with subsection (d) of Section 40.
12    (e) Upon completion of the cremation, the crematory
13authority shall file the burial transit permit as required by
14the Illinois Vital Records Act and rules adopted under that Act
15and the Illinois Counties Code law, and transmit a photocopy of
16the burial transit permit along with the cremated remains to
17whoever receives the cremated remains from the authorizing
18agent unless the cremated remains are to be interred, entombed,
19inurned, or placed in a scattering area, in which case the
20crematory authority shall retain a copy of the burial transit
21permit and shall send the permit, along with the cremated
22remains, to the cemetery, which shall file the permit with the
23designated agency after the interment, entombment, inurnment,
24or scattering has taken place.
25    (f) All cemeteries shall maintain a record of all cremated
26remains that are disposed of on their property, provided that

 

 

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1the cremated remains were properly transferred to the cemetery
2and the cemetery issued a receipt acknowledging the transfer of
3the cremated remains.
4(Source: P.A. 96-863, eff. 3-1-12.)
 
5    (410 ILCS 18/40)
6    Sec. 40. Disposition of cremated remains.
7    (a) The authorizing agent shall be responsible for the
8final disposition of the cremated remains.
9    (b) Cremated remains may be disposed of by placing them in
10a grave, crypt, or niche, by scattering them in a scattering
11area as defined in this Act, or in any manner whatever on the
12private property of a consenting owner.
13    (c) Upon the completion of the cremation process, and
14except as provided for in item (I) (J) of paragraph (1) of
15subsection (a) of Section 20, if the crematory authority has
16not been instructed to arrange for the interment, entombment,
17inurnment, or scattering of the cremated remains, the crematory
18authority shall deliver the cremated remains to the individual
19specified on the cremation authorization form, or if no
20individual is specified then to the authorizing agent. The
21delivery may be made in person or by registered mail. Upon
22receipt of the cremated remains, the individual receiving them
23may transport them in any manner in this State without a
24permit, and may dispose of them in accordance with this
25Section. After delivery, the crematory authority shall be

 

 

SB2515- 38 -LRB097 14091 CEL 58758 b

1discharged from any legal obligation or liability concerning
2the cremated remains.
3    (d) If, after a period of 60 days from the date of the
4cremation, the authorizing agent or the agent's designee has
5not instructed the crematory authority to arrange for the final
6disposition of the cremated remains or claimed the cremated
7remains, the crematory authority may dispose of the cremated
8remains in any manner permitted by this Section. The crematory
9authority, however, shall keep a permanent record identifying
10the site of final disposition. The authorizing agent shall be
11responsible for reimbursing the crematory authority for all
12reasonable expenses incurred in disposing of the cremated
13remains. Upon disposing of the cremated remains, the crematory
14authority shall be discharged from any legal obligation or
15liability concerning the cremated remains. Any person who was
16in possession of cremated remains prior to the effective date
17of this Act may dispose of them in accordance with this
18Section.
19    (e) Except with the express written permission of the
20authorizing agent, no person shall:
21        (1) Dispose of cremated remains in a manner or in a
22    location so that the cremated remains are commingled with
23    those of another person. This prohibition shall not apply
24    to the scattering of cremated remains at sea, by air, or in
25    an area located in a dedicated cemetery and used
26    exclusively for those purposes.

 

 

SB2515- 39 -LRB097 14091 CEL 58758 b

1        (2) Place cremated remains of more than one person in
2    the same temporary container or urn.
3(Source: P.A. 96-863, eff. 3-1-12.)
 
4    (410 ILCS 18/55)
5    Sec. 55. Penalties. Violations of this Act shall be
6punishable as follows:
7        (1) Performing a cremation without receipt of a
8    cremation authorization form signed by an authorizing
9    agent shall be a Class 4 felony.
10        (2) Signing a cremation authorization form with the
11    actual knowledge that the form contains false or incorrect
12    information shall be a Class 4 felony.
13        (3) A Violation of any cremation procedure set forth in
14    Section 35 shall be a Class 4 felony.
15        (4) Holding oneself out to the public as a crematory
16    authority, or the operation of a building or structure
17    within this State as a crematory, without being licensed
18    under this Act, shall be a Class A misdemeanor.
19        (4.5) Performance of a cremation service by a person
20    who has not completed a training program as defined in
21    Section 22 of this Act shall be a Class A misdemeanor.
22        (4.10) Any person who intentionally violates a
23    provision of this Act or a final order of the Department
24    Comptroller is liable for a civil penalty not to exceed
25    $10,000 $5,000 per violation.

 

 

SB2515- 40 -LRB097 14091 CEL 58758 b

1        (4.15) Any person who knowingly acts without proper
2    legal authority and who willfully and knowingly destroys or
3    damages the remains of a deceased human being or who
4    desecrates human remains is guilty of a Class 3 felony.
5        (5) A violation of any other provision of this Act
6    shall be a Class B misdemeanor.
7(Source: P.A. 96-863, eff. 3-1-12.)
 
8    (410 ILCS 18/60)
9    Sec. 60. Failure to file annual report. Whenever a
10crematory authority refuses or neglects to file its annual
11report in violation of Section 10 of this Act, or fails to
12otherwise comply with the requirements of this Act, the
13Department shall impose a penalty as provided for by rule for
14each and every day the licensee remains delinquent in
15submitting the annual report. Such report shall be made under
16oath and shall be in a form determined by the Department.
17Comptroller may commence an administrative proceeding as
18authorized by this Act or may communicate the facts to the
19Attorney General of the State of Illinois who shall thereupon
20institute such proceedings against the crematory authority or
21its officers as the nature of the case may require.
22(Source: P.A. 96-863, eff. 3-1-12.)
 
23    (410 ILCS 18/62)
24    Sec. 62. Injunctive action; cease and desist order

 

 

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1Investigation of unlawful practices.
2    (a) If any person violates the provisions of this Act, the
3Secretary, in the name of the People of the State of Illinois,
4through the Attorney General or the State's Attorney of the
5county in which the violation is alleged to have occurred, may
6petition for an order enjoining the violation or for an order
7enforcing compliance with this Act. Upon the filing of a
8verified petition, the court with appropriate jurisdiction may
9issue a temporary restraining order, without notice or bond,
10and may preliminarily and permanently enjoin the violation. If
11it is established that the person has violated or is violating
12the injunction, the court may punish the offender for contempt
13of court. Proceedings under this Section are in addition to,
14and not in lieu of, all other remedies and penalties provided
15by this Act.
16    (b) Whenever, in the opinion of the Department, a person
17violates any provision of this Act, the Department may issue a
18rule to show cause why an order to cease and desist should not
19be entered against that person. The rule shall clearly set
20forth the grounds relied upon by the Department and shall allow
21at least 7 days from the date of the rule to file an answer
22satisfactory to the Department. Failure to answer to the
23satisfaction of the Department shall cause an order to cease
24and desist to be issued.
25If the Comptroller has good cause to believe that a person has
26engaged in, is engaging in, or is about to engage in any

 

 

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1practice in violation of this Act, the Comptroller may do any
2one or more of the following:
3        (1) Require that person to file, on terms the
4    Comptroller prescribes, a statement or report in writing,
5    under oath or otherwise, containing all information that
6    the Comptroller considers necessary to ascertain whether a
7    licensee is in compliance with this Act, or whether an
8    unlicensed person is engaging in activities for which a
9    license is required under this Act.
10        (2) Examine under oath any person in connection with
11    the books and records required to be maintained under this
12    Act.
13        (3) Examine any books and records of a licensee that
14    the Comptroller considers necessary to ascertain
15    compliance with this Act.
16        (4) Require the production of a copy of any record,
17    book, document, account, or paper that is produced in
18    accordance with this Act and retain it in the Comptroller's
19    possession until the completion of all proceedings in
20    connection with which it is produced.
21(Source: P.A. 96-863, eff. 3-1-12.)
 
22    (410 ILCS 18/62.5)
23    Sec. 62.5. Service of notice. Service by the Department
24Comptroller of any notice requiring a person to file a
25statement or report under this Act shall be made: (1)

 

 

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1personally by delivery of a duly executed copy of the notice to
2the person to be served or, if that person is not a natural
3person, in the manner provided in the Civil Practice Law when a
4complaint is filed; or (2) by mailing by certified mail a duly
5executed copy of the notice to the person at his or her address
6of record to be served at his or her last known abode or
7principal place of business within this State.
8(Source: P.A. 96-863, eff. 3-1-12.)
 
9    (410 ILCS 18/62.10)
10    Sec. 62.10. Investigations; notice and hearing
11Investigation of actions; hearing. The Department may at any
12time investigate the actions of any applicant or of any person,
13persons, or entity rendering or offering to render cremation
14services or any person or entity holding or claiming to hold a
15license as a licensed crematory. The Department shall, before
16revoking, suspending, placing on probation, reprimanding, or
17taking any other disciplinary action under Section 11 of this
18Act, at least 30 days before the date set for the hearing, (i)
19notify the accused in writing of the charges made and the time
20and place for the hearing on the charges, (ii) direct the
21accused applicant or licensee to file a written answer to the
22charges with the Department under oath within 20 days after the
23service on him or her of the notice, and (iii) inform the
24accused that, if he or she fails to answer, default will be
25taken against him or her or that his or her license may be

 

 

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1suspended, revoked, placed on probationary status, or other
2disciplinary action taken with regard to the license, including
3limiting the scope, nature, or extent of his or her practice,
4as the Department may consider proper.
5    At the time and place fixed in the notice, the Department
6shall proceed to hear the charges and the parties or their
7counsel shall be accorded ample opportunity to present any
8pertinent statements, testimony, evidence, and arguments. The
9Secretary shall have the authority to appoint an attorney duly
10licensed to practice law in the State of Illinois to serve as
11the hearing officer in any disciplinary action with regard to a
12license. The hearing officer shall have full authority to
13conduct the hearing. The Department may continue the hearing
14from time to time. In case the person, after receiving the
15notice, fails to file an answer, his or her license may, in the
16discretion of the Department, be suspended, revoked, placed on
17probationary status, or the Department may take whatever
18disciplinary action considered proper, including limiting the
19scope, nature, or extent of the person's practice or the
20imposition of a fine, without a hearing, if the act or acts
21charged constitute sufficient grounds for that action under
22this Act. The written notice may be served by personal delivery
23or by certified mail to the address specified by the accused in
24his or her last notification with the Department.
25    (a) The Comptroller shall make an investigation upon
26discovering facts that, if proved, would constitute grounds for

 

 

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1refusal, suspension, or revocation of a license under this Act.
2    (b) Before refusing to issue, and before suspending or
3revoking, a license under this Act, the Comptroller shall hold
4a hearing to determine whether the applicant for a license or
5the licensee ("the respondent") is entitled to hold such a
6license. At least 10 days before the date set for the hearing,
7the Comptroller shall notify the respondent in writing that (i)
8on the designated date a hearing will be held to determine the
9respondent's eligibility for a license and (ii) the respondent
10may appear in person or by counsel. The written notice may be
11served on the respondent personally, or by registered or
12certified mail sent to the respondent's business address as
13shown in the respondent's latest notification to the
14Comptroller. The notice must include sufficient information to
15inform the respondent of the general nature of the reason for
16the Comptroller's action.
17    (c) At the hearing, both the respondent and the complainant
18shall be accorded ample opportunity to present in person or by
19counsel such statements, testimony, evidence, and argument as
20may be pertinent to the charge or to any defense to the charge.
21The Comptroller may reasonably continue the hearing from time
22to time. The Comptroller may subpoena any person or persons in
23this State and take testimony orally, by deposition, or by
24exhibit, in the same manner and with the same fees and mileage
25as prescribed in judicial proceedings in civil cases. Any
26authorized agent of the Comptroller may administer oaths to

 

 

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1witnesses at any hearing that the Comptroller is authorized to
2conduct.
3    (d) The Comptroller, at the Comptroller's expense, shall
4provide a certified shorthand reporter to take down the
5testimony and preserve a record of every proceeding at the
6hearing of any case involving the refusal to issue a license
7under this Act, the suspension or revocation of such a license,
8the imposition of a monetary penalty, or the referral of a case
9for criminal prosecution. The record of any such proceeding
10shall consist of the notice of hearing, the complaint, all
11other documents in the nature of pleadings and written motions
12filed in the proceeding, the transcript of testimony, and the
13report and orders of the Comptroller. Copies of the transcript
14of the record may be purchased from the certified shorthand
15reporter who prepared the record or from the Comptroller.
16(Source: P.A. 96-863, eff. 3-1-12.)
 
17    (410 ILCS 18/62.15)
18    Sec. 62.15. Compelling testimony Court order. Any circuit
19court, upon application of the Department or designated hearing
20officer may enter an order requiring the attendance of
21witnesses and their testimony, and the production of documents,
22papers, files, books, and records in connection with any
23hearing or investigation. The court may compel obedience to its
24order by proceedings for contempt. Upon the application of the
25Comptroller or of the applicant or licensee against whom

 

 

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1proceedings under Section 62.10 are pending, any circuit court
2may enter an order requiring witnesses to attend and testify
3and requiring the production of documents, papers, files,
4books, and records in connection with any hearing in any
5proceeding under that Section. Failure to obey such a court
6order may result in contempt proceedings.
7(Source: P.A. 96-863, eff. 3-1-12.)
 
8    (410 ILCS 18/62.20)
9    Sec. 62.20. Administrative review; venue; certification of
10record; costs Judicial review.
11    (a) All final administrative decisions of the Department
12are subject to judicial review under the Administrative Review
13Law and its rules. The term "administrative decision" is
14defined as in Section 3-101 of the Code of Civil Procedure.
15    (b) Proceedings for judicial review shall be commenced in
16the circuit court of the county in which the party applying for
17review resides, but if the party is not a resident of Illinois,
18the venue shall be in Sangamon County.
19    (c) The Department shall not be required to certify any
20record of the court, file an answer in court, or to otherwise
21appear in any court in a judicial review proceeding unless and
22until the Department has received from the plaintiff payment of
23the costs of furnishing and certifying the record, which costs
24shall be determined by the Department. Failure on the part of
25the plaintiff to make such payment to the Department is grounds

 

 

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1for dismissal of the action. Any person affected by a final
2administrative decision of the Comptroller under this Act may
3have the decision reviewed judicially by the circuit court of
4the county where the person resides or, in the case of a
5corporation, where the corporation's registered office is
6located. If the plaintiff in the judicial review proceeding is
7not a resident of this State, venue shall be in Sangamon
8County. The provisions of the Administrative Review Law and any
9rules adopted under it govern all proceedings for the judicial
10review of final administrative decisions of the Comptroller
11under this Act. The term "administrative decision" is defined
12as in the Administrative Review Law.
13    (b) The Comptroller is not required to certify the record
14of the proceeding unless the plaintiff in the review proceeding
15has purchased a copy of the transcript from the certified
16shorthand reporter who prepared the record or from the
17Comptroller. Exhibits shall be certified without cost.
18(Source: P.A. 96-863, eff. 3-1-12.)
 
19    (410 ILCS 18/65)
20    Sec. 65. Pre-need cremation arrangements.
21    (a) Any person, or anyone who has legal authority to act on
22behalf of a person, on a pre-need basis, may authorize his or
23her own cremation and the final disposition of his or her
24cremated remains by executing, as the authorizing agent, a
25cremation authorization form on a pre-need basis. A copy of

 

 

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1this form shall be provided to the person. Any person shall
2have the right to transfer or cancel this authorization at any
3time prior to death by destroying the executed cremation
4authorization form and providing written notice to the
5crematory authority.
6    (b) Any cremation authorization form that is being executed
7by an individual as his or her own authorizing agent on a
8pre-need basis shall contain the following disclosure, which
9shall be completed by the authorizing agent:
10    "( ) I do not wish to allow any of my survivors the option
11        of cancelling my cremation and selecting alternative
12        arrangements, regardless of whether my survivors deem
13        a change to be appropriate.
14    ( ) I wish to allow only the survivors whom I have
15        designated below the option of cancelling my cremation
16        and selecting alternative arrangements, if they deem a
17        change to be appropriate:............"
18    (c) Except as provided in subsection (b) of this Section,
19at the time of the death of a person who has executed, as the
20authorizing agent, a cremation authorization form on a pre-need
21basis, any person in possession of an executed form and any
22person charged with making arrangements for the final
23disposition of the decedent who has knowledge of the existence
24of an executed form, shall use their best efforts to ensure
25that the decedent is cremated and that the final disposition of
26the cremated remains is in accordance with the instructions

 

 

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1contained on the cremation authorization form. If a crematory
2authority (i) is in possession of a completed cremation
3authorization form that was executed on a pre-need basis, (ii)
4is in possession of the designated human remains, and (iii) has
5received payment for the cremation of the human remains and the
6final disposition of the cremated remains or is otherwise
7assured of payment, then the crematory authority shall be
8required to cremate the human remains and dispose of the
9cremated remains according to the instructions contained on the
10cremation authorization form, and may do so without any
11liability.
12    (d) Any pre-need contract sold by, or pre-need arrangements
13made with, a cemetery, funeral establishment, crematory
14authority, or any other party that includes a cremation shall
15specify the final disposition of the cremated remains, in
16accordance with Section 40. In the event that no different or
17inconsistent instructions are provided to the crematory
18authority by the authorizing agent at the time of death, the
19crematory authority shall be authorized to release or dispose
20of the cremated remains as indicated in the pre-need agreement.
21Upon compliance with the terms of the pre-need agreement, the
22crematory authority shall be discharged from any legal
23obligation concerning the cremated remains. The pre-need
24agreement shall be kept as a permanent record by the crematory
25authority.
26    (e) This Section shall not apply to any cremation

 

 

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1authorization form or pre-need contract executed prior to the
2effective date of this Act. Any cemetery, funeral
3establishment, crematory authority, or other party, however,
4with the written approval of the authorizing agent or person
5who executed the pre-need contract, may designate that the
6cremation authorization form or pre-need contract shall be
7subject to this Act.
8(Source: P.A. 96-863, eff. 3-1-12.)
 
9    (410 ILCS 18/80)
10    Sec. 80. Record of proceedings; transcript Home Rule. The
11Department, at its expense, shall preserve a record of all
12proceedings at the formal hearing of any case. Any notice of
13hearing, complaint, all other documents in the nature of
14pleadings, written motions filed in the proceedings, the
15transcripts of testimony, the report of the hearing officer,
16and orders of the Department shall be in the record of the
17proceeding. The Department shall furnish a transcript of such
18record to any person interested in such hearing upon payment of
19the fee required under Section 2105-115 of the Department of
20Professional Regulation Law. The regulation of crematories and
21crematory authorities as set forth in this Act is an exclusive
22power and function of the State. A home rule unit may not
23regulate crematories or crematory authorities. This Section is
24a denial and limitation of home rule powers and functions under
25subsection (h) of Section 6 of Article VII of the Illinois

 

 

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1Constitution.
2(Source: P.A. 96-863, eff. 3-1-12.)
 
3    (410 ILCS 18/7 rep.)
4    (410 ILCS 18/85 rep.)
5    (410 ILCS 18/87 rep.)
6    (410 ILCS 18/88 rep.)
7    (410 ILCS 18/89 rep.)
8    (410 ILCS 18/90 rep.)
9    (410 ILCS 18/91 rep.)
10    (410 ILCS 18/92 rep.)
11    (410 ILCS 18/93 rep.)
12    (410 ILCS 18/94 rep.)
13    (410 ILCS 18/95 rep.)
14    Section 27. The Crematory Regulation Act is amended by
15repealing Sections 7, 85, 87, 88, 89, 90, 91, 92, 93, 94, and
1695.
 
17    Section 30. The Vital Records Act is amended by changing
18Sections 11 and 18.5 as follows:
 
19    (410 ILCS 535/11)  (from Ch. 111 1/2, par. 73-11)
20    Sec. 11. Information required on forms.
21    (a) The form of certificates, reports, and other returns
22required by this Act or by regulations adopted under this Act
23shall include as a minimum the items recommended by the federal

 

 

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1agency responsible for national vital statistics, subject to
2approval of and modification by the Department. All forms shall
3be prescribed and furnished by the State Registrar of Vital
4Records.
5    (b) On and after the effective date of this amendatory Act
6of 1983, all forms used to collect information under this Act
7which request information concerning the race or ethnicity of
8an individual by providing spaces for the designation of that
9individual as "white" or "black", or the semantic equivalent
10thereof, shall provide an additional space for a designation as
11"Hispanic".
12    (c) Effective November 1, 1990, the social security numbers
13of the mother and father shall be collected at the time of the
14birth of the child. These numbers shall not be recorded on the
15certificate of live birth. The numbers may be used only for
16those purposes allowed by Federal law.
17    (d) The social security number of a person who has died
18shall be entered on the death certificate; however, failure to
19enter the social security number of the person who has died on
20the death certificate does not invalidate the death
21certificate.
22    (e) If the place of disposition of a dead human body or
23cremated remains is in a cemetery, the burial permit shall
24include the place of disposition. The place of disposition
25shall include the lot, block, section, and plot or niche where
26the dead human body or cremated remains are located. This

 

 

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1subsection does not apply to cremated remains scattered in a
2cemetery.
3(Source: P.A. 96-863, eff. 3-1-10.)
 
4    (410 ILCS 535/18.5)
5    Sec. 18.5. Electronic reporting system for death
6registrations. The State Registrar shall may facilitate death
7registration by implementing an electronic reporting system.
8The system may be used to transfer information to individuals
9and institutions responsible for completing and filing
10certificates and related reports for deaths that occur in the
11State. The system shall be used to transfer information to the
12Department of Healthcare and Family Services not less often
13than once every 3-month period for the purpose of updating the
14roster of Medicaid recipients. The system shall be capable of
15storing and retrieving accurate and timely data and statistics
16for those persons and agencies responsible for vital records
17registration and administration. Upon establishment of such an
18electronic reporting system, but not later than January 1,
192011, the county clerk in the county in which a death occurred
20or the county clerk of the county where a decedent last
21resided, as indicated on the decedent's death certificate,
22shall be authorized to issue certifications of death records
23from such system, and the State Registrar shall cause the
24electronic reporting system to provide for such capability. The
25Department of Financial and Professional Regulation shall have

 

 

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1access to the system to enhance its enforcement of the Cemetery
2Oversight Act.
3(Source: P.A. 96-327, eff. 8-11-09; 96-863, eff. 3-1-10;
497-111, eff. 1-1-12.)
 
5    Section 33. The Eminent Domain Act is amended by changing
6Section 15-5-40 as follows:
 
7    (735 ILCS 30/15-5-40)
8    Sec. 15-5-40. Eminent domain powers in ILCS Chapters 705
9through 820. The following provisions of law may include
10express grants of the power to acquire property by condemnation
11or eminent domain:
 
12(765 ILCS 230/2); Coast and Geodetic Survey Act; United States
13    of America; for carrying out coast and geodetic surveys.
14(765 ILCS 505/1); Mining Act of 1874; mine owners and
15    operators; for roads, railroads, and ditches.
16(805 ILCS 25/2); Corporation Canal Construction Act; general
17    corporations; for levees, canals, or tunnels for
18    agricultural, mining, or sanitary purposes.
19(805 ILCS 30/7); Gas Company Property Act; consolidating gas
20    companies; for acquisition of stock of dissenting
21    stockholder.
22(805 ILCS 120/9); Merger of Not For Profit Corporations Act;
23    merging or consolidating corporations; for acquisition of

 

 

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1    interest of objecting member or owner.
2    (805 ILCS 320/16 through 320/20); Cemetery Association Act;
3    cemetery associations; for cemetery purposes.
4(Source: P.A. 96-863, eff. 1-19-10.)
 
5    Section 35. The Crime Victims Compensation Act is amended
6by changing Section 2 as follows:
 
7    (740 ILCS 45/2)  (from Ch. 70, par. 72)
8    Sec. 2. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Applicant" means any person who applies for
11compensation under this Act or any person the Court of Claims
12finds is entitled to compensation, including the guardian of a
13minor or of a person under legal disability. It includes any
14person who was a dependent of a deceased victim of a crime of
15violence for his or her support at the time of the death of
16that victim.
17    (b) "Court of Claims" means the Court of Claims created by
18the Court of Claims Act.
19    (c) "Crime of violence" means and includes any offense
20defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-1.20,
2111-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, 11-19.2, 11-20.1,
2211-20.1B, 11-20.3, 12-1, 12-2, 12-3, 12-3.2, 12-3.3, 12-3.4,
2312-4, 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4,
2412-13, 12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or

 

 

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120-1.1, or Section 12-3.05 except for subdivision (a)(4) or
2(g)(1),, or subdivision (a)(4) of Section 11-14.4, of the
3Criminal Code of 1961, Sections 1(a) and 1(a-5) of the Cemetery
4Protection Act, driving under the influence of intoxicating
5liquor or narcotic drugs as defined in Section 11-501 of the
6Illinois Vehicle Code, and a violation of Section 11-401 of the
7Illinois Vehicle Code, provided the victim was a pedestrian or
8was operating a vehicle moved solely by human power or a
9mobility device at the time of contact; so long as the offense
10did not occur during a civil riot, insurrection or rebellion.
11"Crime of violence" does not include any other offense or
12accident involving a motor vehicle except those vehicle
13offenses specifically provided for in this paragraph. "Crime of
14violence" does include all of the offenses specifically
15provided for in this paragraph that occur within this State but
16are subject to federal jurisdiction and crimes involving
17terrorism as defined in 18 U.S.C. 2331.
18    (d) "Victim" means (1) a person killed or injured in this
19State as a result of a crime of violence perpetrated or
20attempted against him or her, (2) the parent of a person killed
21or injured in this State as a result of a crime of violence
22perpetrated or attempted against the person, (3) a person
23killed or injured in this State while attempting to assist a
24person against whom a crime of violence is being perpetrated or
25attempted, if that attempt of assistance would be expected of a
26reasonable person man under the circumstances, (4) a person

 

 

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1killed or injured in this State while assisting a law
2enforcement official apprehend a person who has perpetrated a
3crime of violence or prevent the perpetration of any such crime
4if that assistance was in response to the express request of
5the law enforcement official, (5) a person who personally
6witnessed a violent crime, (5.1) solely for the purpose of
7compensating for pecuniary loss incurred for psychological
8treatment of a mental or emotional condition caused or
9aggravated by the crime, any other person under the age of 18
10who is the brother, sister, half brother, half sister, child,
11or stepchild of a person killed or injured in this State as a
12result of a crime of violence, or (6) an Illinois resident who
13is a victim of a "crime of violence" as defined in this Act
14except, if the crime occurred outside this State, the resident
15has the same rights under this Act as if the crime had occurred
16in this State upon a showing that the state, territory,
17country, or political subdivision of a country in which the
18crime occurred does not have a compensation of victims of
19crimes law for which that Illinois resident is eligible, (7) a
20deceased person whose body is dismembered or whose remains are
21desecrated as the result of a crime of violence, or (8) solely
22for the purpose of compensating for pecuniary loss incurred for
23psychological treatment of a mental or emotional condition
24caused or aggravated by the crime, any parent, spouse, or child
25under the age of 18 of a deceased person whose body is
26dismembered or whose remains are desecrated as the result of a

 

 

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1crime of violence.
2    (e) "Dependent" means a relative of a deceased victim who
3was wholly or partially dependent upon the victim's income at
4the time of his or her death and shall include the child of a
5victim born after his or her death.
6    (f) "Relative" means a spouse, parent, grandparent,
7stepfather, stepmother, child, grandchild, brother,
8brother-in-law, sister, sister-in-law, half brother, half
9sister, spouse's parent, nephew, niece, uncle or aunt.
10    (g) "Child" means an unmarried son or daughter who is under
1118 years of age and includes a stepchild, an adopted child or a
12child born out of wedlock.
13    (h) "Pecuniary loss" means, in the case of injury,
14appropriate medical expenses and hospital expenses including
15expenses of medical examinations, rehabilitation, medically
16required nursing care expenses, appropriate psychiatric care
17or psychiatric counseling expenses, expenses for care or
18counseling by a licensed clinical psychologist, licensed
19clinical social worker, or licensed clinical professional
20counselor and expenses for treatment by Christian Science
21practitioners and nursing care appropriate thereto;
22transportation expenses to and from medical and treatment
23facilities; prosthetic appliances, eyeglasses, and hearing
24aids necessary or damaged as a result of the crime; replacement
25costs for clothing and bedding used as evidence; costs
26associated with temporary lodging or relocation necessary as a

 

 

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1result of the crime, including, but not limited to, the first
2month's rent and security deposit of the dwelling that the
3claimant relocated to and other reasonable relocation expenses
4incurred as a result of the violent crime; locks or windows
5necessary or damaged as a result of the crime; the purchase,
6lease, or rental of equipment necessary to create usability of
7and accessibility to the victim's real and personal property,
8or the real and personal property which is used by the victim,
9necessary as a result of the crime; the costs of appropriate
10crime scene clean-up; replacement services loss, to a maximum
11of $1000 per month; dependents replacement services loss, to a
12maximum of $1000 per month; loss of tuition paid to attend
13grammar school or high school when the victim had been enrolled
14as a student prior to the injury, or college or graduate school
15when the victim had been enrolled as a day or night student
16prior to the injury when the victim becomes unable to continue
17attendance at school as a result of the crime of violence
18perpetrated against him or her; loss of earnings, loss of
19future earnings because of disability resulting from the
20injury, and, in addition, in the case of death, expenses for
21funeral, burial, and travel and transport for survivors of
22homicide victims to secure bodies of deceased victims and to
23transport bodies for burial all of which may not exceed a
24maximum of $5,000 and loss of support of the dependents of the
25victim; in the case of dismemberment or desecration of a body,
26expenses for funeral and burial, all of which may not exceed a

 

 

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1maximum of $5,000. Loss of future earnings shall be reduced by
2any income from substitute work actually performed by the
3victim or by income he or she would have earned in available
4appropriate substitute work he or she was capable of performing
5but unreasonably failed to undertake. Loss of earnings, loss of
6future earnings and loss of support shall be determined on the
7basis of the victim's average net monthly earnings for the 6
8months immediately preceding the date of the injury or on $1000
9per month, whichever is less. If a divorced or legally
10separated applicant is claiming loss of support for a minor
11child of the deceased, the amount of support for each child
12shall be based either on the amount of support pursuant to the
13judgment prior to the date of the deceased victim's injury or
14death, or, if the subject of pending litigation filed by or on
15behalf of the divorced or legally separated applicant prior to
16the injury or death, on the result of that litigation. Real and
17personal property includes, but is not limited to, vehicles,
18houses, apartments, town houses, or condominiums. Pecuniary
19loss does not include pain and suffering or property loss or
20damage.
21    (i) "Replacement services loss" means expenses reasonably
22incurred in obtaining ordinary and necessary services in lieu
23of those the injured person would have performed, not for
24income, but for the benefit of himself or herself or his or her
25family, if he or she had not been injured.
26    (j) "Dependents replacement services loss" means loss

 

 

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1reasonably incurred by dependents or private legal guardians of
2minor dependents after a victim's death in obtaining ordinary
3and necessary services in lieu of those the victim would have
4performed, not for income, but for their benefit, if he or she
5had not been fatally injured.
6    (k) "Survivor" means immediate family including a parent,
7step-father, step-mother, child, brother, sister, or spouse.
8(Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10;
996-1551, Article 1, Section 980, eff. 7-1-11; 96-1551, Article
102, Section 1090, eff. 7-1-11; revised 9-30-11.)
 
11    Section 40. The Burial Lot Perpetual Trust Act is amended
12by changing Section 2 as follows:
 
13    (760 ILCS 90/2)  (from Ch. 21, par. 32)
14    Sec. 2. Every company or association incorporated for
15cemetery purposes under any general or special law of the State
16of Illinois may receive, by gift, legacy, or otherwise, moneys
17or real or personal property, or the income or avails of such
18moneys or property, in trust, in perpetuity, for the
19improvement, maintenance, ornamentation, repair, care and
20preservation of any burial lot or grave, vault, tomb, or other
21such structures, in any cemetery owned or controlled by such
22cemetery company or association, upon such terms and in such
23manner as may be provided by the terms of such gift, legacy or
24other conveyance of such moneys or property in trust and

 

 

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1assented to by such company or association, and subject to the
2rules and regulations of such company or association, and every
3such company or association owning or controlling any such
4cemetery may make contracts with the owner or owners or legal
5representatives of any lot, grave, vault, tomb, or other such
6structure in such cemetery, for the improvement, maintenance,
7ornamentation, care, preservation and repair of any such lot,
8grave, vault, tomb, or other such structure in such cemetery
9owned or controlled by such cemetery company or association. If
10the cemetery is a privately owned cemetery, as defined in
11Section 2 of the Cemetery Care Act, or a licensed cemetery
12authority under the Cemetery Oversight Act, or if the burial
13lot or grave, vault, tomb, or other such structures are in a
14privately owned cemetery, as defined in Section 2 of the
15Cemetery Care Act, or a licensed cemetery authority under the
16Cemetery Oversight Act, then such company or association shall
17also comply with the provisions of the Cemetery Care Act or
18Cemetery Oversight Act, whichever is applicable. Where the
19cemetery is a privately operated cemetery, as defined in
20section 2 of the Cemetery Care Act, approved July 21, 1947, as
21amended, or where the burial lot or grave, vault, tomb, or
22other such structures are in a privately operated cemetery, as
23defined in section 2 of that Act, then such company or
24association shall also comply with the provisions of the
25Cemetery Care Act.
26(Source: P.A. 96-863, eff. 3-1-10.)
 

 

 

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1    Section 45. The Cemetery Perpetual Trust Authorization Act
2is amended by changing Section 2 as follows:
 
3    (760 ILCS 95/2)  (from Ch. 21, par. 64)
4    Sec. 2. Any incorporated cemetery association incorporated
5not for pecuniary profit, may if it elects to do so, receive
6and hold money, funds and property in perpetual trust pursuant
7to the provisions of this act. Such election shall be evidenced
8by a by-law or resolution adopted by the board of directors, or
9board of trustees of the incorporated cemetery association. Any
10person is authorized to give, donate or bequeath any sum of
11money or any funds, securities, or property of any kind to the
12cemetery association, in perpetual trust, for the maintenance,
13care, repair, upkeep or ornamentation of the cemetery, or any
14lot or lots, or grave or graves in the cemetery, specified in
15the instrument making the gift, donation or legacy. The
16cemetery association may receive and hold in perpetual trust,
17any such money, funds, securities and property so given,
18donated or bequeathed to it, and may convert the property,
19funds and securities into money and shall invest and keep
20invested the proceeds thereof and the money so given, donated
21and bequeathed, in safe and secure income bearing investments,
22including investments in income producing real estate,
23provided the purchase price of the real estate shall not exceed
24the fair market value thereof on the date of its purchase as

 

 

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1such value is determined by the board of directors or board of
2trustees of the association. The principal of the trust fund
3shall be kept intact and the income arising therefrom shall be
4perpetually applied for the uses and purposes specified in the
5instrument making the gift, donation or legacy and for no other
6purpose.
7    The by-laws of the cemetery association shall provide for a
8permanent committee to manage and control the trust funds so
9given, donated and bequeathed to it. The members of the
10committee shall be appointed by the board of directors, or
11board of trustees of the cemetery association from among the
12members of the board of directors or board of trustees. The
13committee shall choose a chairman, a secretary and a treasurer
14from among the members, and shall have the management and
15control of the trust funds of the cemetery association so
16given, donated and bequeathed in trust, under the supervision
17of the board of directors or board of trustees. The treasurer
18of the committee shall execute a bond to the People of the
19State of Illinois for the use of the cemetery association, in a
20penal sum of not less than double the amount of the trust funds
21coming into his possession as treasurer, conditioned for the
22faithful performance of his duties and the faithful accounting
23for all money or funds which by virtue of his treasurership
24come into his possession, and be in such form and with such
25securities as may be prescribed and approved by the board of
26directors, or board of trustees, and shall be approved by such

 

 

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1board of directors, or board of trustees, and filed with the
2secretary of the cemetery association.
3    The treasurer of the committee shall have the custody of
4all money, funds and property received in trust by the cemetery
5association and shall invest the same in accordance with the
6directions of the committee as approved by the board of
7directors or board of trustees of the cemetery association, and
8shall receive and have the custody of all of the income arising
9from such investments and as the income is received by him, he
10shall pay it to the treasurer of the cemetery association, and
11he shall keep permanent books of record of all such trust funds
12and of all receipts arising therefrom and disbursements
13thereof, and shall annually make a written report to the board
14of directors or board of trustees of the cemetery association,
15under oath, showing receipts and disbursements, including a
16statement showing the amount and principal of trust funds on
17hand and how invested, which report shall be audited by the
18board of directors, or board of trustees, and if found correct,
19shall be approved, and filed with the secretary of the cemetery
20association.
21    The secretary of the committee shall keep, in a book
22provided for such purpose, a permanent record of the
23proceedings of the committee, signed by the president and
24attested by the secretary, and shall also keep a permanent
25record of the several trust funds, the amounts thereof, and for
26what uses and purposes, respectively, and he shall annually, at

 

 

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1the time the treasurer makes his report, make a written report
2under oath, to the board of directors or board of trustees,
3stating therein substantially the same matter required to be
4reported by the treasurer of the committee, which report, if
5found to be correct, shall be approved, and filed with the
6secretary of the association.
7    The treasurer shall execute a bond to the People of the
8State of Illinois, in a penal sum of not less than double the
9amount of money or funds coming into his possession as such
10treasurer, conditioned for the faithful performance of his
11duties and the faithful accounting of all money or funds which
12by virtue of his office come into his possession and be in such
13form and with such securities as may be prescribed and approved
14by the board of directors, or board of trustees, and shall be
15approved by such board of directors or board of trustees and
16filed with the secretary of the cemetery association.
17    The trust funds, gifts and legacies mentioned in this
18section and the income arising therefrom shall be exempt from
19taxation and from the operation of all laws of mortmain, and
20the laws against perpetuities and accumulations.
21    No loan; investment; purchase of insurance on the life of
22any trustee or employee; purchase of any real estate; or any
23other transaction using care funds by any trustee, director, or
24committee member shall be made to or for the benefit of any
25person, officer, trustee, or party having any interest, or to
26any firm, corporation, trade association, or partnership in

 

 

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1which any officer, director, trustee, or party has any
2interest, is a member of, or serves as an officer or director.
3A violation of this Section shall constitute the intentional
4and improper withdrawal of trust funds.
5    No loan or investment in any unproductive real estate or
6real estate outside of this State or in permanent improvements
7of the cemetery or any of its facilities shall be made, unless
8specifically authorized by the instrument whereby the
9principal fund was created. No commission or brokerage fee for
10the purchase or sale of any property shall be paid in excess of
11that usual and customary at the time and in the locality where
12such purchase or sale is made, and all such commissions and
13brokerage fees shall be fully reported in the next annual
14report filed by such cemetery association or trustee.
15    If the cemetery is a privately owned cemetery, as defined
16in Section 2 of the Cemetery Care Act, or a licensed cemetery
17authority under the Cemetery Oversight Act, or if the burial
18lot or grave, vault, tomb, or other such structures are in a
19privately owned cemetery, as defined in Section 2 of the
20Cemetery Care Act, or a licensed cemetery authority under the
21Cemetery Oversight Act, then such company or association shall
22also comply with the provisions of the Cemetery Care Act or
23Cemetery Oversight Act, whichever is applicable. Where the
24cemetery is a privately operated cemetery, as defined in
25section 2 of the Cemetery Care Act, approved July 21, 1947, as
26amended, or where the lot or lots or grave or graves are in a

 

 

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1privately operated cemetery, as defined in section 2 of that
2Act, then such cemetery association or such committee, shall
3also comply with the provisions of the Cemetery Care Act.
4(Source: P.A. 95-331, eff. 8-21-07; 96-863, eff. 3-1-10.)
 
5    Section 50. The Cemetery Protection Act is amended by
6changing Sections .01 and 8 as follows:
 
7    (765 ILCS 835/.01)  (from Ch. 21, par. 14.01)
8    Sec. .01. For the purposes of this Act, the term:
9    "Cemetery manager" means an individual who is engaged in,
10or holding himself or herself out as engaged in, those
11activities involved in or incidental to supervising the
12following: the maintenance, operation, development, or
13improvement of a cemetery licensed under this Act; the
14interment of human remains; or the care, preservation, and
15embellishment of cemetery property. This definition also
16includes, without limitation, an individual that is an
17independent contractor or individuals employed or contracted
18by an independent contractor who is engaged in, or holding
19himself or herself out as engaged in, those activities involved
20in or incidental to supervising the following: the maintenance,
21operation, development, or improvement of a cemetery licensed
22under this Act; the interment of human remains; or the care,
23preservation, and embellishment of cemetery property.
24    "Cemetery authority" is defined as in Section 2 of the

 

 

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1"Cemetery Care Act", approved July 21, 1947, as now and
2hereafter amended.
3    "Community mausoleum" means a mausoleum owned and operated
4by a cemetery authority that contains multiple entombment
5rights sold to the public.
6(Source: P.A. 96-863, eff. 3-1-10.)
 
7    (765 ILCS 835/8)  (from Ch. 21, par. 21.1)
8    Sec. 8. If the cemetery is a privately owned cemetery, as
9defined in Section 2 of the Cemetery Care Act, or a licensed
10cemetery authority under the Cemetery Oversight Act, or if the
11burial lot or grave, vault, tomb, or other such structures are
12in a privately owned cemetery, as defined in Section 2 of the
13Cemetery Care Act, or a licensed cemetery authority under the
14Cemetery Oversight Act, then such company or association shall
15also comply with the provisions of the Cemetery Care Act or
16Cemetery Oversight Act, whichever is applicable. Furthermore,
17no cemetery authority company or other legal entity may deny
18burial space to any person because of race, creed, marital
19status, sex, national origin, sexual orientation, or color. A
20cemetery company or other entity operating any cemetery may
21designate parts of cemeteries or burial grounds for the
22specific use of persons whose religious code requires
23isolation. Religious institution cemeteries may limit burials
24to members of the religious institution and their families.
25Where the cemetery is a privately operated cemetery, as defined

 

 

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1in Section 2 of the Cemetery Care Act, enacted by the
2Sixty-fifth General Assembly or where the interment,
3entombment rights in a community mausoleum or lawn crypt
4section, or inurnment rights in a community columbarium, vault
5or vaults, tomb or tombs, or other such structures in the
6cemetery or graveyard are in a privately operated cemetery, as
7defined in Section 2 of that Act, then such board of directors
8or managing officers of such cemetery, society or cemetery
9authority, or the trustees of any public graveyard or the
10cemetery society or cemetery association, shall also comply
11with the provisions of the Cemetery Care Act, enacted by the
12Sixty-fifth General Assembly.
13(Source: P.A. 96-863, eff. 3-1-10.)
 
14    Section 57. The Consumer Fraud and Deceptive Business
15Practices Act is amended by changing Section 2Z as follows:
 
16    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
17    Sec. 2Z. Violations of other Acts. Any person who knowingly
18violates the Automotive Repair Act, the Automotive Collision
19Repair Act, the Home Repair and Remodeling Act, the Dance
20Studio Act, the Physical Fitness Services Act, the Hearing
21Instrument Consumer Protection Act, the Illinois Union Label
22Act, the Job Referral and Job Listing Services Consumer
23Protection Act, the Travel Promotion Consumer Protection Act,
24the Credit Services Organizations Act, the Automatic Telephone

 

 

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1Dialers Act, the Pay-Per-Call Services Consumer Protection
2Act, the Telephone Solicitations Act, the Illinois Funeral or
3Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care
4Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales
5Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
6the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
73-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
83-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
9Internet Caller Identification Act, paragraph (6) of
10subsection (k) of Section 6-305 of the Illinois Vehicle Code,
11Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
12or 18d-153 of the Illinois Vehicle Code, Article 3 of the
13Residential Real Property Disclosure Act, the Automatic
14Contract Renewal Act, or the Personal Information Protection
15Act commits an unlawful practice within the meaning of this
16Act.
17(Source: P.A. 96-863, eff. 1-19-10; 96-1369, eff. 1-1-11;
1896-1376, eff. 7-29-10; 97-333, eff. 8-12-11.)
 
19    Section 60. The Burial Rights Act is amended by changing
20Sections 1 and 2.3 as follows:
 
21    (820 ILCS 135/1)  (from Ch. 21, par. 101)
22    Sec. 1. (a) Every contract, agreement or understanding
23between a cemetery authority and a cemetery workers'
24association which totally prohibits burials of human remains on

 

 

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1Sundays or legal holidays shall be deemed to be void as against
2public policy and wholly unenforceable.
3    (b) Nothing in this Section shall prohibit a cemetery
4authority and a cemetery workers' association from entering
5into a contract, agreement or understanding which limits Sunday
6or holiday burials of human remains to decedents who were
7members of religious sects whose tenets or beliefs require
8burials within a specified period of time and whose deaths
9occurred at such times as to necessitate Sunday or holiday
10burials. Such contract, agreement or understanding may provide
11that a funeral director notify the cemetery authority within a
12reasonable time when a Sunday or holiday burial is necessitated
13by reason of the decedent's religious tenets or beliefs.
14    (c) It shall be unlawful for any person to restrain,
15prohibit or interfere with the burial of a decedent whose time
16of death and religious tenets or beliefs necessitate burial on
17a Sunday or legal holiday.
18    (d) A violation of this Section is a Class A misdemeanor.
19    (e) For the purposes of this Act, "cemetery authority"
20shall have the meaning ascribed to it in Section 2 of the
21Cemetery Care Act or the Cemetery Oversight Act, whichever is
22applicable; and "cemetery workers' association" means an
23organization of workers who are employed by cemetery
24authorities to perform the task of burying human remains or
25transporting remains to cemeteries or other places of
26interment, and who join together for collective bargaining

 

 

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1purposes or to negotiate terms and conditions of employment.
2(Source: P.A. 96-863, eff. 3-1-10.)
 
3    (820 ILCS 135/2.3)
4    Sec. 2.3. Sections of cemeteries. No provision of any law
5of this State may be construed to prohibit a cemetery authority
6from reserving, in a cemetery not owned by a religious
7organization or institution, a section of interment rights,
8entombment rights, or inurnment rights for sale exclusively to
9persons of a particular religion, unless membership in the
10religion is restricted on account of race, color, or national
11origin. As used in this Section, "interment rights",
12"entombment rights", and "inurnment rights" have the meanings
13ascribed to those terms in the Cemetery Care Act or the
14Cemetery Oversight Act, whichever is applicable.
15(Source: P.A. 96-863, eff. 3-1-10.)
 
16    Section 92. The Cemetery Association Act is amended by
17adding Sections 16.1, 16.6, 17.1, 18.1, 19.1, and 20.1 as
18follows:
 
19    (805 ILCS 320/16.1 new)
20    Sec. 16.1. That such cemetery association heretofore
21organized or that may hereafter be organized for cemetery
22purposes, which shall have acquired or may hereafter acquire
23land by purchase, deed, will, or otherwise, and shall have

 

 

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1platted, mapped, and used said land for cemetery purposes, may,
2when necessary, acquire additional land adjoining and abutting
3on such cemetery by condemnation proceedings, as hereinafter
4provided; Provided, however, that no such land sought to be
5condemned shall be or lie within the corporate limits of any
6city or village.
 
7    (805 ILCS 320/16.6 new)
8    Sec. 16.6. Eminent domain. Notwithstanding any other
9provision of this Act, any power granted under this Act to
10acquire property by condemnation or eminent domain is subject
11to, and shall be exercised in accordance with, the Eminent
12Domain Act.
 
13    (805 ILCS 320/17.1 new)
14    Sec. 17.1. The cemetery association seeking to condemn land
15abutting and adjoining the cemetery shall first cause to be
16filed in the office of the circuit court clerk of the county
17where such land is situate a petition to the court, verified by
18affidavit, for leave to begin condemnation proceedings against
19such land sought to be condemned. The petition shall contain a
20description of the cemetery, its location, as already
21established and in use, a statement of the number of lots sold,
22and the number yet unsold, a description of the land sought to
23be acquired by condemnation, its location with regard to
24dwelling houses in the vicinity and state the reasons for

 

 

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1filing the petition; and asking for condemnation proceedings.
 
2    (805 ILCS 320/18.1 new)
3    Sec. 18.1. The cemetery association by its agent or
4attorney shall upon filing such petition, cause a notice in
5writing to be served upon the owner or owners of such land
6sought to be condemned for cemetery purposes, if such owners
7are residents of this state. Such notice shall name a day at
8least ten days after the service of notice when such petition
9will be heard. It shall also state the court before whom the
10case shall be heard; the description of the ground sought to be
11condemned, and the object for which it is to be used. In case
12such owner or owners cannot be found or are non residents of
13the State, notice may be had by publication in some newspaper
14of general circulation in the county, once each week, for four
15successive weeks, or in case no such paper is published in said
16county, then by posting four notices in four of the most public
17places in said county, at least four weeks prior to the day of
18hearing of said petition.
 
19    (805 ILCS 320/19.1 new)
20    Sec. 19.1. The owner or owners of the land sought to be
21condemned under this act shall, if they see fit, file with the
22clerk of such court, on or before the day designated in the
23notice, objections to such proceedings to condemn such land
24verified by affidavit, and in case the objections so verified

 

 

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1are filed within the time specified in the notice, the same
2shall be considered by the court in connection with the
3granting or refusal of prayer of the petition.
 
4    (805 ILCS 320/20.1 new)
5    Sec. 20.1. The judge shall examine the petition and
6affidavits as soon as is convenient. If he finds the petition
7should not be granted he shall mark it "not approved" and deny
8the right to file proceedings for condemnation. If he finds
9that the best interest of all concerned will be served by
10granting the petition, he shall mark the petition "approved"
11and by order of record direct the petitioner to file its
12petition not less than 10 nor more than 60 days from the date
13of approval. Upon the issue of the court order the petitioner
14shall begin proceedings for condemnation within the dates
15prescribed by the judge, and the proceedings shall be had as
16provided by statute.
 
17    Section 105. The Funeral Directors and Embalmers Licensing
18Code is amended by changing Sections 15-50, 15-60, and 15-75 as
19follows:
 
20    (225 ILCS 41/15-50)
21    (Section scheduled to be repealed on January 1, 2013)
22    Sec. 15-50. Practice by corporation, partnership, or
23association. No corporation, partnership or association of

 

 

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1individuals, as such, shall be issued a license as a licensed
2funeral director and embalmer or licensed funeral director, nor
3shall any corporation, partnership, firm or association of
4individuals, or any individual connected therewith, publicly
5advertise any corporation, partnership or association of
6individuals as being licensed funeral directors and embalmers
7or licensed funeral directors. Nevertheless, nothing in this
8Act shall restrict funeral director licensees or funeral
9director and embalmer licensees from forming professional
10service corporations under the Professional Service
11Corporation Act or from having these corporations registered
12for the practice of funeral directing.
13    No funeral director licensee or funeral director and
14embalmer licensee, and no partnership or association of those
15licensees, formed since July 1, 1935, shall engage in the
16practice of funeral directing and embalming or funeral
17directing under a trade name or partnership or firm name unless
18in the use and advertising of the trade name, partnership or
19firm name there is published in connection with the advertising
20the name of the owner or owners as the owner or owners.
21(Source: P.A. 96-863, eff. 3-1-10.)
 
22    (225 ILCS 41/15-60)
23    (Section scheduled to be repealed on January 1, 2013)
24    Sec. 15-60. Determination of life. Every funeral director
25licensee or funeral director and embalmer licensee under this

 

 

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1Code before proceeding to prepare or embalm a human body to
2cremate or bury shall determine that life is extinct by
3ascertaining that:
4    (a) pulsation has entirely ceased in the radial or other
5arteries; and
6    (b) heart or respiratory sounds are not audible with the
7use of a stethoscope or with the ear applied directly over the
8heart.
9(Source: P.A. 96-863, eff. 3-1-10.)
 
10    (225 ILCS 41/15-75)
11    (Section scheduled to be repealed on January 1, 2013)
12    Sec. 15-75. Violations; grounds for discipline; penalties.
13    (a) Each of the following acts is a Class A misdemeanor for
14the first offense, and a Class 4 felony for each subsequent
15offense. These penalties shall also apply to unlicensed owners
16of funeral homes.
17        (1) Practicing the profession of funeral directing and
18    embalming or funeral directing, or attempting to practice
19    the profession of funeral directing and embalming or
20    funeral directing without a license as a funeral director
21    and embalmer or funeral director.
22        (2) Serving as an intern under a licensed funeral
23    director and embalmer or attempting to serve as an intern
24    under a licensed funeral director and embalmer without a
25    license as a licensed funeral director and embalmer intern.

 

 

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1        (3) Obtaining or attempting to obtain a license,
2    practice or business, or any other thing of value, by fraud
3    or misrepresentation.
4        (4) Permitting any person in one's employ, under one's
5    control or in or under one's service to serve as a funeral
6    director and embalmer, funeral director, or funeral
7    director and embalmer intern when the person does not have
8    the appropriate license.
9        (5) Failing to display a license as required by this
10    Code.
11        (6) Giving false information or making a false oath or
12    affidavit required by this Code.
13    (b) The Department may refuse to issue or renew a license
14or may revoke, suspend, place on probation, reprimand, or take
15other disciplinary action as the Department may deem
16appropriate, including imposing fines not to exceed $10,000 for
17each violation, with regard to any license under the Code for
18any one or combination of the following:
19        (1) Obtaining or attempting to obtain a license by
20    fraud or misrepresentation.
21        (2) Conviction in this State or another state of any
22    crime that is a felony or misdemeanor under the laws of
23    this State or conviction of a felony or misdemeanor in a
24    federal court.
25        (3) Violation of the laws of this State relating to the
26    funeral, burial or disposal of deceased human bodies or of

 

 

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1    the rules and regulations of the Department, or the
2    Department of Public Health.
3        (4) Directly or indirectly paying or causing to be paid
4    any sum of money or other valuable consideration for the
5    securing of business or for obtaining authority to dispose
6    of any deceased human body.
7        (5) Professional incompetence, gross malpractice, or
8    untrustworthiness in the practice of funeral directing and
9    embalming or funeral directing.
10        (6) False or misleading advertising as a funeral
11    director and embalmer or funeral director, or advertising
12    or using the name of a person other than the holder of a
13    license in connection with any service being rendered in
14    the practice of funeral directing and embalming or funeral
15    directing. Nothing in this paragraph shall prevent
16    including the name of any owner, officer or corporate
17    director of a funeral business who is not a licensee in any
18    advertisement used by a funeral home with which the
19    individual is affiliated if the advertisement specifies
20    the individual's affiliation with the funeral home.
21        (7) Engaging in, promoting, selling, or issuing burial
22    contracts, burial certificates, or burial insurance
23    policies in connection with the profession as a funeral
24    director and embalmer, funeral director, or funeral
25    director and embalmer intern in violation of any laws of
26    the State of Illinois.

 

 

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1        (8) Refusing, without cause, to surrender the custody
2    of a deceased human body upon the proper request of the
3    person or persons lawfully entitled to the custody of the
4    body.
5        (9) Taking undue advantage of a client or clients as to
6    amount to the perpetration of fraud.
7        (10) Engaging in funeral directing and embalming or
8    funeral directing without a license.
9        (11) Encouraging, requesting, or suggesting by a
10    licensee or some person working on his behalf and with his
11    consent for compensation that a person utilize the services
12    of a certain funeral director and embalmer, funeral
13    director, or funeral establishment unless that information
14    has been expressly requested by the person. This does not
15    prohibit general advertising or pre-need solicitation.
16        (12) Making or causing to be made any false or
17    misleading statements about the laws concerning the
18    disposal of human remains, including, but not limited to,
19    the need to embalm, the need for a casket for cremation or
20    the need for an outer burial container.
21        (13) (Blank).
22        (14) Embalming or attempting to embalm a deceased human
23    body without express prior authorization of the person
24    responsible for making the funeral arrangements for the
25    body. This does not apply to cases where embalming is
26    directed by local authorities who have jurisdiction or when

 

 

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1    embalming is required by State or local law.
2        (15) Making a false statement on a Certificate of Death
3    where the person making the statement knew or should have
4    known that the statement was false.
5        (16) Soliciting human bodies after death or while death
6    is imminent.
7        (17) Performing any act or practice that is a violation
8    of this Code, the rules for the administration of this
9    Code, or any federal, State or local laws, rules, or
10    regulations governing the practice of funeral directing or
11    embalming.
12        (18) Performing any act or practice that is a violation
13    of Section 2 of the Consumer Fraud and Deceptive Business
14    Practices Act.
15        (19) Engaging in unethical or unprofessional conduct
16    of a character likely to deceive, defraud or harm the
17    public.
18        (20) Taking possession of a dead human body without
19    having first obtained express permission from next of kin
20    or a public agency legally authorized to direct, control or
21    permit the removal of deceased human bodies.
22        (21) Advertising in a false or misleading manner or
23    advertising using the name of an unlicensed person in
24    connection with any service being rendered in the practice
25    of funeral directing or funeral directing and embalming.
26    The use of any name of an unlicensed or unregistered person

 

 

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1    in an advertisement so as to imply that the person will
2    perform services is considered misleading advertising.
3    Nothing in this paragraph shall prevent including the name
4    of any owner, officer or corporate director of a funeral
5    home, who is not a licensee, in any advertisement used by a
6    funeral home with which the individual is affiliated, if
7    the advertisement specifies the individual's affiliation
8    with the funeral home.
9        (22) Directly or indirectly receiving compensation for
10    any professional services not actually performed.
11        (23) Failing to account for or remit any monies,
12    documents, or personal property that belongs to others that
13    comes into a licensee's possession.
14        (24) Treating any person differently to his detriment
15    because of race, color, creed, gender, religion, or
16    national origin.
17        (25) Knowingly making any false statements, oral or
18    otherwise, of a character likely to influence, persuade or
19    induce others in the course of performing professional
20    services or activities.
21        (26) Knowingly making or filing false records or
22    reports in the practice of funeral directing and embalming.
23        (27) Failing to acquire continuing education required
24    under this Code.
25        (28) Violations of this Code or of the rules adopted
26    pursuant to this Code.

 

 

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1        (29) Aiding or assisting another person in violating
2    any provision of this Code or rules adopted pursuant to
3    this Code.
4        (30) Failing within 10 days, to provide information in
5    response to a written request made by the Department.
6        (31) Discipline by another state, District of
7    Columbia, territory, or foreign nation, if at least one of
8    the grounds for the discipline is the same or substantially
9    equivalent to those set forth in this Section.
10        (32) Directly or indirectly giving to or receiving from
11    any person, firm, corporation, partnership, or association
12    any fee, commission, rebate, or other form of compensation
13    for professional services not actually or personally
14    rendered.
15        (33) Inability to practice the profession with
16    reasonable judgment, skill, or safety.
17        (34) Gross, willful, or continued overcharging for
18    professional services, including filing false statements
19    for collection of fees for which services are not rendered.
20        (35) A pattern of practice or other behavior that
21    demonstrates incapacity or incompetence to practice under
22    this Code.
23        (36) Failing to comply with any of the following
24    required activities:
25            (A) When reasonably possible, a funeral director
26        licensee or funeral director and embalmer licensee or

 

 

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1        anyone acting on his or her behalf shall obtain the
2        express authorization of the person or persons
3        responsible for making the funeral arrangements for a
4        deceased human body prior to removing a body from the
5        place of death or any place it may be or embalming or
6        attempting to embalm a deceased human body, unless
7        required by State or local law. This requirement is
8        waived whenever removal or embalming is directed by
9        local authorities who have jurisdiction. If the
10        responsibility for the handling of the remains
11        lawfully falls under the jurisdiction of a public
12        agency, then the regulations of the public agency shall
13        prevail.
14            (B) A licensee shall clearly mark the price of any
15        casket offered for sale or the price of any service
16        using the casket on or in the casket if the casket is
17        displayed at the funeral establishment. If the casket
18        is displayed at any other location, regardless of
19        whether the licensee is in control of that location,
20        the casket shall be clearly marked and the registrant
21        shall use books, catalogues, brochures, or other
22        printed display aids to show the price of each casket
23        or service.
24            (C) At the time funeral arrangements are made and
25        prior to rendering the funeral services, a licensee
26        shall furnish a written statement of services to be

 

 

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1        retained by the person or persons making the funeral
2        arrangements, signed by both parties, that shall
3        contain: (i) the name, address and telephone number of
4        the funeral establishment and the date on which the
5        arrangements were made; (ii) the price of the service
6        selected and the services and merchandise included for
7        that price; (iii) a clear disclosure that the person or
8        persons making the arrangement may decline and receive
9        credit for any service or merchandise not desired and
10        not required by law or the funeral director or the
11        funeral director and embalmer; (iv) the supplemental
12        items of service and merchandise requested and the
13        price of each item; (v) the terms or method of payment
14        agreed upon; and (vi) a statement as to any monetary
15        advances made by the registrant on behalf of the
16        family. The licensee shall maintain a copy of the
17        written statement of services in its permanent
18        records. All written statements of services are
19        subject to inspection by the Department.
20            (D) In all instances where the place of final
21        disposition of a deceased human body or the cremated
22        remains of a deceased human body is a cemetery, the
23        licensed funeral director and embalmer, or licensed
24        funeral director, who has been engaged to provide
25        funeral or embalming services shall remain at the
26        cemetery and personally witness the placement of the

 

 

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1        human remains in their designated grave or the sealing
2        of the above ground depository, crypt, or urn. The
3        licensed funeral director or licensed funeral director
4        and embalmer may designate a licensed funeral director
5        and embalmer intern or representative of the funeral
6        home to be his or her witness to the placement of the
7        remains. If the cemetery authority, cemetery manager,
8        or any other agent of the cemetery takes any action
9        that prevents compliance with this paragraph (D), then
10        the funeral director and embalmer or funeral director
11        shall provide written notice to the Department within 5
12        business days after failing to comply. If the
13        Department receives this notice, then the Department
14        shall not take any disciplinary action against the
15        funeral director and embalmer or funeral director for a
16        violation of this paragraph (D) unless the Department
17        finds that the cemetery authority, manager, or any
18        other agent of the cemetery did not prevent the funeral
19        director and embalmer or funeral director from
20        complying with this paragraph (D) as claimed in the
21        written notice.
22            (E) A funeral director or funeral director and
23        embalmer shall fully complete the portion of the
24        Certificate of Death under the responsibility of the
25        funeral director or funeral director and embalmer and
26        provide all required information. In the event that any

 

 

SB2515- 89 -LRB097 14091 CEL 58758 b

1        reported information subsequently changes or proves
2        incorrect, a funeral director or funeral director and
3        embalmer shall immediately upon learning the correct
4        information correct the Certificate of Death.
5        (37) A finding by the Department that the license,
6    after having his or her license placed on probationary
7    status or subjected to conditions or restrictions,
8    violated the terms of the probation or failed to comply
9    with such terms or conditions.
10        (38) Violation of any final administrative action of
11    the Secretary.
12        (39) Being named as a perpetrator in an indicated
13    report by the Department of Children and Family Services
14    pursuant to the Abused and Neglected Child Reporting Act
15    and, upon proof by clear and convincing evidence, being
16    found to have caused a child to be an abused child or
17    neglected child as defined in the Abused and Neglected
18    Child Reporting Act.
19    (c) The Department may refuse to issue or renew, or may
20suspend, the license of any person who fails to file a return,
21to pay the tax, penalty or interest shown in a filed return, or
22to pay any final assessment of tax, penalty or interest as
23required by any tax Act administered by the Illinois Department
24of Revenue, until the time as the requirements of the tax Act
25are satisfied.
26    (d) No action may be taken under this Code against a person

 

 

SB2515- 90 -LRB097 14091 CEL 58758 b

1licensed under this Code unless the action is commenced within
25 years after the occurrence of the alleged violations. A
3continuing violation shall be deemed to have occurred on the
4date when the circumstances last existed that give rise to the
5alleged violation.
6    (e) Nothing in this Section shall be construed or enforced
7to give a funeral director and embalmer, or his or her
8designees, authority over the operation of a cemetery or over
9cemetery employees. Nothing in this Section shall be construed
10or enforced to impose duties or penalties on cemeteries with
11respect to the timing of the placement of human remains in
12their designated grave or the sealing of the above ground
13depository, crypt, or urn due to patron safety, the allocation
14of cemetery staffing, liability insurance, a collective
15bargaining agreement, or other such reasons.
16(Source: P.A. 96-863, eff. 3-1-10; 96-1463, eff. 1-1-11.)
 
17    (225 ILCS 41/15-76 rep.)
18    Section 110. The Funeral Directors and Embalmers Licensing
19Code is amended by repealing Section 15-76.
 
20    Section 999. Effective date. This Act takes effect upon
21becoming law.

 

 

SB2515- 91 -LRB097 14091 CEL 58758 b

1 INDEX
2 Statutes amended in order of appearance
3    225 ILCS 411/Act rep.
4    P.A. 96-863, Sec. 90-90
5    rep.
6    P.A. 96-863, Sec. 90-95
7    rep.
8    5 ILCS 80/4.31
9    5 ILCS 140/7from Ch. 116, par. 207
10    20 ILCS 3440/1from Ch. 127, par. 2661
11    30 ILCS 105/5.775 rep.
12    30 ILCS 105/5.776 rep.
13    410 ILCS 18/5
14    410 ILCS 18/10
15    410 ILCS 18/11
16    410 ILCS 18/11.5
17    410 ILCS 18/13
18    410 ILCS 18/20
19    410 ILCS 18/22
20    410 ILCS 18/25
21    410 ILCS 18/40
22    410 ILCS 18/55
23    410 ILCS 18/60
24    410 ILCS 18/62
25    410 ILCS 18/62.5

 

 

SB2515- 92 -LRB097 14091 CEL 58758 b

1    410 ILCS 18/62.10
2    410 ILCS 18/62.15
3    410 ILCS 18/62.20
4    410 ILCS 18/65
5    410 ILCS 18/80
6    410 ILCS 18/7 rep.
7    410 ILCS 18/85 rep.
8    410 ILCS 18/87 rep.
9    410 ILCS 18/88 rep.
10    410 ILCS 18/89 rep.
11    410 ILCS 18/90 rep.
12    410 ILCS 18/91 rep.
13    410 ILCS 18/92 rep.
14    410 ILCS 18/93 rep.
15    410 ILCS 18/94 rep.
16    410 ILCS 18/95 rep.
17    410 ILCS 535/11from Ch. 111 1/2, par. 73-11
18    410 ILCS 535/18.5
19    735 ILCS 30/15-5-40
20    740 ILCS 45/2from Ch. 70, par. 72
21    740 ILCS 45/2from Ch. 70, par. 72
22    760 ILCS 90/2from Ch. 21, par. 32
23    760 ILCS 95/2from Ch. 21, par. 64
24    765 ILCS 835/.01from Ch. 21, par. 14.01
25    765 ILCS 835/8from Ch. 21, par. 21.1
26    815 ILCS 505/2Zfrom Ch. 121 1/2, par. 262Z

 

 

SB2515- 93 -LRB097 14091 CEL 58758 b

1    820 ILCS 135/1from Ch. 21, par. 101
2    820 ILCS 135/2.3
3    805 ILCS 320/16.1 new
4    805 ILCS 320/16.6 new
5    805 ILCS 320/17.1 new
6    805 ILCS 320/18.1 new
7    805 ILCS 320/19.1 new
8    805 ILCS 320/20.1 new
9    225 ILCS 41/15-50
10    225 ILCS 41/15-60
11    225 ILCS 41/15-75
12    225 ILCS 41/15-76 rep.