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Public Act 097-0679 |
SB1830 Enrolled | LRB097 08660 CEL 48789 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Human Skeletal Remains Protection Act is |
amended by changing Section 1 as follows:
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(20 ILCS 3440/1) (from Ch. 127, par. 2661)
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Sec. 1. Definitions. For the purposes of this Act:
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(a) "Human skeletal remains" include the bones and |
decomposed fleshy
parts of a deceased human body.
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(b) "Unregistered graves" are any graves or locations where |
a human body
has been buried or deposited; is over 100 years |
old; and is not in a
cemetery registered with or licensed by |
the State Comptroller under the Cemetery Care Act or under the |
authority of the Illinois Department of Financial and |
Professional Regulation pursuant to the Cemetery Oversight |
Act , whichever is applicable .
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(c) "Grave artifacts" are any item of human manufacture or |
use that is
associated with the human skeletal remains in an |
unregistered grave.
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(d) "Grave markers" are any tomb, monument, stone, |
ornament, mound, or
other item of human manufacture that is |
associated with an unregistered grave.
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(e) "Person" means any natural individual, firm, trust, |
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estate,
partnership, association, joint stock company, joint |
venture, corporation
or a receiver, trustee, guardian or other |
representatives appointed by
order of any court, the Federal |
and State governments, including State
Universities created by |
statute or any city, town, county or other political
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subdivision of this State.
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(f) "Disturb" includes excavating, removing, exposing, |
defacing,
mutilating, destroying, molesting, or desecrating in |
any
way human skeletal remains, unregistered graves, and grave |
markers.
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(Source: P.A. 96-863, eff. 3-1-10.)
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Section 10. The Missing Persons Identification Act is |
amended by adding Section 25 as follows: |
(50 ILCS 722/25 new) |
Sec. 25. Unidentified persons. The coroner or medical |
examiner shall obtain a DNA sample from any individual whose |
remains are not identifiable. The DNA sample shall be forwarded |
to the Department of State Police for inclusion in the State |
and National DNA Databases. |
Prior to the burial or interment of any unknown |
individual's remains or any unknown individual's body part, the |
medical examiner or coroner in possession of the remains or |
body part must assign a DNA log number to the unknown |
individual or body part. The medical examiner or coroner shall |
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place a tag that is stamped or inscribed with the DNA log |
number on the individual or body part. The DNA log number shall |
be stamped on the unidentified individual's toe tag, if |
possible. |
Section 15. The Counties Code is amended by changing |
Section 3-3034 as follows:
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(55 ILCS 5/3-3034) (from Ch. 34, par. 3-3034)
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Sec. 3-3034. Disposition of body. After the inquest the |
coroner
may deliver the body or human remains of the deceased |
to the family of the deceased or, if there are no family |
members to accept the body or the remains, then to friends of |
the deceased, if there be any, but
if not, the coroner shall |
cause the body or the remains to be decently buried, cremated, |
or donated for medical science purposes, the expenses to be |
paid
from the property of the deceased, if there is sufficient, |
if not, by the
county. The coroner may not approve the |
cremation or donation of the body if it is necessary to |
preserve the body for law enforcement purposes. If the State |
Treasurer, pursuant to the Uniform Disposition of Unclaimed |
Property Act, delivers human remains to the coroner, the |
coroner shall cause the human remains to be disposed of as |
provided in this Section.
If the police department of any |
municipality or county investigates abandoned cremated |
remains, determines that they are human remains, and cannot |
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locate the owner of the remains, then the police shall deliver |
the remains to the coroner, and the coroner shall cause the |
remains to be disposed of as provided in this Section.
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(Source: P.A. 96-1339, eff. 7-27-10.)
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Section 25. The Cemetery Oversight Act is amended by |
changing Sections 5-15, 5-20, 5-25, 10-5, 10-15, 10-20, 10-21, |
10-23, 10-25, 10-30, 10-40, 10-45, 10-50, 10-55, 20-5, 20-6, |
20-10, 25-10, 25-14, 25-25, 25-70, 25-75, 25-105, 25-110, |
25-120, 25-125, 75-50, and 75-55 and by adding Sections 10-39, |
20-35, 20-40, and 25-14.5 as follows: |
(225 ILCS 411/5-15) |
(Section scheduled to be repealed on January 1, 2021)
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Sec. 5-15. Definitions. In this Act: |
"Address of record" means the designated address recorded |
by the Department in the applicant's or licensee's application |
file or license file. It is the duty of the applicant or |
licensee to inform the Department of any change of address |
within 14 days either through the Department's website or by |
contacting the Department's licensure maintenance unit. The |
address of record for a cemetery authority shall be the |
permanent street address of the cemetery. |
"Applicant" means a person applying for licensure under |
this Act as a cemetery authority, cemetery manager, or customer |
service employee. Any applicant or any person who holds himself |
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or herself out as an applicant is considered a licensee for |
purposes of enforcement, investigation, hearings, and the |
Illinois Administrative Procedure Act. |
"Burial permit" means a permit provided by a licensed |
funeral director for the disposition of a dead human body that |
is filed with the Illinois Department of Public Health . |
"Care" means the maintenance of a cemetery and of the lots, |
graves, crypts, niches, family mausoleums, memorials, and |
markers therein, including: (i) the cutting and trimming of |
lawn, shrubs, and trees at reasonable intervals; (ii) keeping |
in repair the drains, water lines, roads, buildings, fences, |
and other structures, in keeping with a well-maintained |
cemetery as provided for in Section 20-5 of this Act and |
otherwise as required by rule; (iii) maintenance of machinery, |
tools, and equipment for such care; (iv) compensation of |
cemetery workers, any discretionary payment of insurance |
premiums, and any reasonable payments for workers' pension and |
other benefits plans; and (v) the payment of expenses necessary |
for such purposes and for maintaining necessary records of lot |
ownership, transfers, and burials. |
"Care funds", as distinguished from receipts from annual |
charges or gifts for current or annual care, means any realty |
or personalty impressed with a trust by the terms of any gift, |
grant, contribution, payment, legacy, or pursuant to contract, |
accepted by any cemetery authority or by any trustee, licensee, |
agent, or custodian for the same, under Article 15 of this Act, |
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and any income accumulated therefrom, where legally so directed |
by the terms of the transaction by which the principal was |
established. |
"Cemetery" means any land or structure in this State |
dedicated to and used, or intended to be used, for the |
interment, inurnment, or entombment of human remains. |
"Cemetery association" means an association of 6 or more |
persons, and their successors in trust, who have received |
articles of organization from the Secretary of State to operate |
a cemetery; the articles of organization shall be in perpetuity |
and in trust for the use and benefit of all persons who may |
acquire burial lots in a cemetery. |
"Cemetery authority" means any individual or legal entity |
that owns or controls cemetery lands or property. |
"Cemetery manager" means an individual directly |
responsible or holding himself or herself directly responsible |
for the operation, maintenance, development, or improvement of |
a cemetery that is or shall be licensed under this Act, |
irrespective of whether the individual is paid by the licensed |
cemetery authority or a third party. This definition does not |
include a volunteer who receives no compensation, either |
directly or indirectly, for his or her work as a cemetery |
manager. who is engaged in, or responsible for, or holding |
himself or herself out as engaged in, those activities involved |
in or incidental to supervising the following: the maintenance, |
operation, development, or improvement of a cemetery licensed |
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under this Act; the interment of human remains; or the care, |
preservation, and embellishment of cemetery property. This |
definition includes, without limitation, an employee, an |
individual that is an independent contractor, an individual |
employed or contracted by an independent contractor, a |
third-party vendor, or an individual employed or contracted by |
a third-party vendor who is engaged in, or holding himself or |
herself out as engaged in, those activities involved in or |
incidental to supervising the following: the maintenance, |
operation, development, or improvement of a cemetery licensed |
under this Act; the interment of human remains; or the care, |
preservation, and embellishment of cemetery property. |
"Cemetery merchandise" means items of personal property |
normally sold by a cemetery authority not covered under the |
Illinois Funeral or Burial Funds Act, including, but not |
limited to: (1) memorials, (2) markers, (3) monuments, (4) |
foundations and installations, and (5) outer burial |
containers. |
"Cemetery operation" means to engage in any or all of the |
following, whether on behalf of, or in the absence of, a |
cemetery authority: (i) the interment, entombment, or |
inurnment of human remains, (ii) the sale of interment, |
entombment, or inurnment rights, cemetery merchandise, or |
cemetery services, (iii) the maintenance of interment rights |
ownership records, (iv) the maintenance of or reporting of |
interment, entombment, or inurnment records, (v) the |
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maintenance of cemetery property, (vi) the development or |
improvement of cemetery grounds, or (vii) the maintenance and |
execution of business documents, including State and federal |
government reporting and the payment of taxes, for a cemetery |
business entity. or attempt to engage in the interment, |
inurnment, or entombment of human remains or to engage in or |
attempt to engage in the care of a cemetery. |
"Cemetery Oversight Database" means a database certified |
by the Department as effective in tracking the interment, |
entombment, or inurnment of human remains.
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"Cemetery services" means those services customarily |
performed by cemetery personnel in connection with the |
interment, entombment, or inurnment of a dead human body. |
"Cemetery worker" means an individual, including an |
independent contractor or third-party vendor, who performs any |
work at the cemetery that is customarily performed by one or |
more cemetery employees, including openings and closings of |
vaults and graves, stone settings, inurnments, interments, |
entombments, administrative work, handling of any official |
burial records, the preparation of foundations for memorials, |
and routine cemetery maintenance. This definition does not |
include uncompensated, volunteer workers. |
"Certificate of organization" means the document received |
by a cemetery association from the Secretary of State that |
indicates that the cemetery association shall be deemed fully |
organized as a body corporate under the name adopted and in its |
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corporate name may sue and be sued. |
"Comptroller" means the Comptroller of the State of |
Illinois. |
"Confidential information" means unique identifiers, |
including a person's Social Security number, home address, home |
phone number, personal phone number, personal email address, |
personal financial information, and any other information |
protected by law. |
"Consumer" means an individual who purchases or who is |
considering purchasing cemetery, burial, or cremation products |
or services from a cemetery authority, whether for themselves |
or for another person. a person, or the persons given priority |
for the disposition of an individual's remains under the |
Disposition of Remains Act, who purchases or is considering |
purchasing cemetery, burial, or cremation products or services |
from a cemetery authority or crematory authority, whether for |
themselves or for another person. |
"Customer service employee" means an individual who has |
direct contact with consumers to explain cemetery merchandise, |
services, and interment rights and to execute the sale of those |
items to consumers, whether at the cemetery or an off-site |
location, irrespective of whether compensation is paid by the |
cemetery authority or a third party. This definition does not |
include a volunteer who receives no compensation, either |
directly or indirectly, for his or her work as a customer |
service employee. and explains cemetery merchandise or |
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services or negotiates, develops, or finalizes contracts with |
consumers. This definition includes, without limitation, an |
employee, an individual that is an independent contractor, an |
individual that is employed or contracted by an independent |
contractor, a third-party vendor, or an individual that is |
employed or contracted by a third-party vendor, who has direct |
contact with consumers and explains cemetery merchandise or |
services or negotiates, develops, or finalizes contracts with |
consumers. This definition does not include an employee, an |
individual that is an independent contractor or an individual |
that is employed or contracted by an independent contractor, a |
third party vendor, or an individual that is employed or |
contracted by a third party vendor, who merely provides a |
printed cemetery list to a consumer, processes payment from a |
consumer, or performs sales functions related solely to |
incidental merchandise like flowers, souvenirs, or other |
similar items. |
"Department" means the Department of Financial and |
Professional Regulation. |
"Employee" means an individual who works for a cemetery |
authority where the cemetery authority has the right to control |
what work is performed and the details of how the work is |
performed regardless of whether federal or State payroll taxes |
are withheld. |
"Entombment right" means the right to place individual |
human remains or individual cremated human remains in a |
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specific mausoleum crypt or lawn crypt selected by a consumer |
for use as a final resting place. |
"Family burying ground" means a cemetery in which no lots , |
crypts, or niches are sold to the public and in which |
interments , inurnments, and entombments are restricted to the |
immediate family or a group of individuals related to each |
other by blood or marriage. |
"Full exemption" means an exemption granted to a cemetery |
authority pursuant to subsection (a) of Section 5-20. |
"Funeral director" means a funeral director as defined by |
the Funeral Directors and Embalmers Licensing Code. |
"Grave" means a space of ground in a cemetery used or |
intended to be used for burial. |
"Green burial or cremation disposition" means burial or |
cremation practices that reduce the greenhouse gas emissions, |
waste, and toxic chemicals ordinarily created in burial or |
cremation or, in the case of greenhouse gas emissions, mitigate |
or offset emissions. Such practices include any standards or |
method for burial or cremation certified by the Green Burial |
Council or any other organization or method that the Department |
may name by rule. |
"Immediate family" means the designated agent of a person |
or the persons given priority for the disposition of a person's |
remains under the Disposition of Remains Act and shall include |
a person's spouse, parents, grandparents, children, |
grandchildren and siblings. |
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"Imputed value" means the retail price of comparable rights |
within the same or similar area of the cemetery. |
"Independent contractor" means a person who performs work |
for a cemetery authority where the cemetery authority has the |
right to control or direct only the result of the work and not |
the means and methods of accomplishing the result. |
"Individual" means a natural person. |
"Interment right" means the right to place individual human |
remains or cremated human remains in a specific underground |
location selected by a consumer for use as a final resting |
place. |
"Inurnment right" means the right to place individual |
cremated human remains in a specific niche selected by the |
consumer for use as a final resting place. |
"Investment Company Act of 1940" means Title 15 of the |
United States Code, Sections 80a-1 to 80a-64, inclusive, as |
amended. |
"Investment company" means any issuer (a) whose securities |
are purchasable only with care funds or trust funds, or both; |
(b) that is an open and diversified management company as |
defined in and registered under the Investment Company Act of |
1940; and (c) that has entered into an agreement with the |
Department containing such provisions as the Department by |
regulation requires for the proper administration of this Act. |
"Lawn crypt" means a permanent underground crypt installed |
in multiple units for the entombment interment of human |
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remains. |
"Licensee" means a person licensed under this Act as a |
cemetery authority, cemetery manager, or customer service |
employee. Anyone who holds himself or herself out as a licensee |
or who is accused of unlicensed practice is considered a |
licensee for purposes of enforcement, investigation, hearings, |
and the Illinois Administrative Procedure Act. This definition |
does not include a cemetery worker. |
"Mausoleum crypt" means a grouping of spaces constructed of |
reinforced concrete or similar material constructed or |
assembled above the ground for entombing remains space in a |
mausoleum used or intended to be used, above or underground, to |
entomb human remains . |
"Niche" means a space in a columbarium or mausoleum used, |
or intended to be used, for inurnment of cremated human |
remains. |
"Partial exemption" means an exemption granted to a |
cemetery authority pursuant to subsection (b) of Section 5-20. |
"Parcel identification number" means a unique number |
assigned by the Cemetery Oversight Database to a grave, plot, |
crypt, or niche that enables the Department to ascertain the |
precise location of a decedent's remains interred, entombed, or |
inurned after the effective date of this Act. |
"Person" means any individual, firm, partnership, |
association, corporation, limited liability company, trustee, |
government or political subdivision, or other entity. |
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"Public cemetery" means a cemetery owned, operated, |
controlled, or managed by the federal government, by any state, |
county, city, village, incorporated town, township, |
multi-township, public cemetery district, or other municipal |
corporation, political subdivision, or instrumentality thereof |
authorized by law to own, operate, or manage a cemetery. |
"Religious burying ground" means a cemetery in which no |
lots, crypts, or niches are sold and in which interments, |
inurnments, and entombments are restricted to a group of |
individuals all belonging to a religious order or granted |
burial rights by special consideration of the religious order. |
"Religious cemetery" means a cemetery owned, operated, |
controlled, and or managed by any recognized church, religious |
society, association, or denomination, or by any cemetery |
authority or any corporation administering, or through which is |
administered, the temporalities of any recognized church, |
religious society, association, or denomination. |
"Secretary" means the Secretary of Financial and |
Professional Regulation. |
"Term burial" means a right of interment sold to a consumer |
in which the cemetery authority retains the right to disinter |
and relocate the remains, subject to the provisions of |
subsection (d) of Section 35-15 of this Act. |
"Trustee" means any person authorized to hold funds under |
this Act. |
"Unique personal identifier" means the parcel |
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identification number in addition to the term of burial in |
years; the numbered level or depth in the grave, plot, crypt, |
or niche; and the year of death for human remains interred, |
entombed, or inurned after the effective date of this Act. The |
unique personal identifier is assigned by the Cemetery |
Oversight Database.
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(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/5-20) |
(Section scheduled to be repealed on January 1, 2021)
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Sec. 5-20. Exemptions.
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(a) Full exemption. Except as provided in this subsection, |
Notwithstanding any provision of law to the contrary, this Act |
does not apply to (1) any cemetery authority operating as a |
family burying ground or religious burying ground , (2) any |
cemetery authority that has not engaged in an interment, |
inurnment, or entombment of human remains within the last 10 |
years and does not accept or maintain care funds , or (3) any |
cemetery authority that is less than 3 acres 2 acres and does |
not accept or maintain care funds . For purposes of determining |
the applicability of this subsection, the number of interments, |
inurnments, and entombments shall be aggregated for each |
calendar year. A cemetery authority claiming a full exemption |
shall apply for exempt status as provided for in Section 10-20 |
Article 10 of this Act. A cemetery authority claiming a full |
exemption shall be subject to Sections 10-40, 10-55, and 10-60 |
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of this Act. A cemetery authority that performs activities that |
would disqualify it from a full exemption is required to apply |
for licensure within one year following the date on which its |
activities would disqualify it for a full exemption. A cemetery |
authority that previously qualified for and maintained a full |
exemption that fails to timely apply for licensure shall be |
deemed to have engaged in unlicensed practice and shall be |
subject to discipline in accordance with Article 25 of this |
Act. |
(b) Partial exemption. If a cemetery authority does not |
qualify for a full exemption and (1) engages in 25 or fewer |
interments, inurnments, or entombments of human remains for |
each of the preceding 2 calendar years, (2) operates as a |
public cemetery, or (3) operates as a religious cemetery, then |
the cemetery authority is partially exempt from this Act but |
shall be required to comply with Sections 10-23, 10-40, 10-55, |
10-60, subsections (a), (b), (b-5), (c), (d), and (h) of |
Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30, 20-35, |
20-40, 25-3, and 25-120, and Article 35 of this Act. |
Notwithstanding any provision of law to the contrary, a |
cemetery authority that does not qualify for a full exemption |
that is operating as a cemetery authority (i) that engages in |
25 or fewer interments, inurnments, or entombments of human |
remains for each of the preceding 2 calendar years and does not |
accept or maintain care funds, (ii) that is operating as a |
public cemetery, or (iii) that is operating as a religious |
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cemetery is exempt from this Act, but is required to comply |
with Sections 20-5(a), 20-5(b), 20-5(b-5), 20-5(c), 20-5(d), |
20-6, 20-8, 20-10, 20-11, 20-12, 20-30, 25-3, and 25-120 and |
Article 35 of this Act. Cemetery authorities claiming a partial |
exemption shall apply for the partial exemption as provided in |
Section 10-20 Article 10 of this Act. A cemetery authority that |
changes to a status that would disqualify it from a partial |
exemption is required to apply for licensure within one year |
following the date on which it changes its status. A cemetery |
authority that maintains a partial exemption that fails to |
timely apply for licensure shall be deemed to have engaged in |
unlicensed practice and shall be subject to discipline in |
accordance with Article 25 of this Act.
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(c) Nothing in this Act applies to the City of Chicago in |
its exercise of its powers under the O'Hare Modernization Act |
or limits the authority of the City of Chicago to acquire |
property or otherwise exercise its powers under the O'Hare |
Modernization Act, or requires the City of Chicago, or any |
person acting on behalf of the City of Chicago, to comply with |
the licensing, regulation, investigation, or mediation |
requirements of this Act in exercising its powers under the |
O'Hare Modernization Act.
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(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/5-25) |
(Section scheduled to be repealed on January 1, 2021)
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Sec. 5-25. Powers of the Department. Subject to the |
provisions of this Act, the Department may exercise the |
following powers: |
(1) Authorize certification programs written |
examinations to ascertain the qualifications and fitness |
of applicants for licensing as a licensed cemetery manager |
or as a customer service employee to ascertain whether they |
possess the requisite level of knowledge for such position. |
(2) Examine and audit a licensed cemetery authority's |
care funds, records from any year , and records of care |
funds from any year, or any other aspects of cemetery |
operation as the Department deems appropriate. |
(3) Investigate any and all cemetery operations |
cemetery-related activity . |
(4) Conduct hearings on proceedings to refuse to issue |
or renew licenses or to revoke, suspend, place on |
probation, reprimand, or otherwise discipline a license |
under this Act or take other non-disciplinary action. |
(5) Adopt reasonable rules required for the |
administration of this Act. |
(6) Prescribe forms to be issued for the administration |
and enforcement of this Act. |
(7) Maintain rosters of the names and addresses of all |
licensees and all persons whose licenses have been |
suspended, revoked, denied renewal, or otherwise |
disciplined within the previous calendar year. These |
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rosters shall be available upon written request and payment |
of the required fee as established by rule. |
(8) Work with the Office of the Comptroller and the |
Department of Public Health, Division of Vital Records to |
exchange information and request additional information |
relating to a licensed cemetery authority; |
(9) Investigate cemetery contracts, grounds, or |
employee records. |
If the Department exercises its authority to conduct |
investigations under this Section, the Department shall |
provide the cemetery authority with information sufficient to |
challenge the allegation. If the complainant consents, then the |
Department shall provide the cemetery authority with the |
identity of and contact information for the complainant so as |
to allow the cemetery authority and the complainant to resolve |
the complaint directly. Except as otherwise provided in this |
Act, any complaint received by the Department and any |
information collected to investigate the complaint shall be |
maintained by the Department for the confidential use of the |
Department and shall not be disclosed. The Department may not |
disclose the information to anyone other than law enforcement |
officials or other regulatory agencies or persons that have an |
appropriate regulatory interest, as determined by the |
Secretary, or to a party presenting a lawful subpoena to the |
Department. Information and documents disclosed to a federal, |
state, county, or local law enforcement agency shall not be |
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disclosed by the agency for any purpose to any other agency or |
person. A formal complaint filed against a licensee by the |
Department or any order issued by the Department against a |
licensee or applicant shall be a public record, except as |
otherwise prohibited by law.
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(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/10-5) |
(Section scheduled to be repealed on January 1, 2021)
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Sec. 10-5. Restrictions and limitations. No person shall, |
without a valid license issued by the Department, (i) hold |
himself or herself out in any manner to the public as a |
licensed cemetery authority, licensed cemetery manager, or |
customer service employee or ; (ii) attach the title "licensed |
cemetery authority", "licensed cemetery manager", or "licensed |
customer service employee" to his or her name . No person shall, |
without a valid license or exemption from licensure from the |
Department, ; (iii) render or offer to render services |
constituting the practice of cemetery operation ; or (iv) accept |
care funds within the meaning of this Act or otherwise hold |
funds for care and maintenance unless such person is holding |
and managing funds on behalf of a cemetery authority and is |
authorized to conduct a trust business under the Corporate |
Fiduciary Act or the federal National Bank Act .
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(Source: P.A. 96-863, eff. 3-1-10.) |
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(225 ILCS 411/10-15) |
(Section scheduled to be repealed on January 1, 2021)
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Sec. 10-15. Licenses for cemetery authorities, cemetery |
managers, and customer service employees. Persons not licensed |
under the Cemetery Care Act or the Cemetery Association Act.
A |
cemetery manager, a customer service employee, or a person |
acting as a cemetery authority who was not required to obtain |
licensure prior to the effective date of this Act need not |
comply with the licensure requirement in this Article until the |
Department takes action on the person's application for a |
license. The application for a cemetery authority license must |
be submitted to the Department within 6 months after the |
Department adopts rules under this Act the effective date of |
this Act . For cemetery managers already working for a cemetery |
authority at the time of cemetery authority application for |
licensure, the application for a cemetery manager license must |
be submitted at the same time as the original application for |
licensure as a cemetery authority pursuant to this Section or |
Section 10-10, whichever the case may be . Any applicant for |
licensure as a cemetery manager of a cemetery authority that is |
already licensed under this Act or that has a pending |
application for licensure under this Act must submit his or her |
application to the Department on or before his or her first day |
of work. The application for a customer service employee |
license must be submitted to the Department within 10 days |
after the cemetery authority for which he or she works becomes |
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licensed under this Act or on or before his or her first day of |
work for a cemetery authority that is already licensed under |
this Act , whichever the case may be. If the person fails to |
submit the application within the required period, the person |
shall be considered to be engaged in unlicensed practice and |
shall be subject to discipline in accordance with Article 25 of |
this Act.
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(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/10-20) |
(Section scheduled to be repealed on January 1, 2021)
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Sec. 10-20. Application for original license or exemption. |
(a) Applications for original licensure as a cemetery |
authority, cemetery manager, or customer service employee |
authorized by this Act, or application for exemption from |
licensure as a cemetery authority, shall be made to the |
Department on forms prescribed by the Department, which shall |
include the applicant's Social Security number or FEIN number, |
or both, and shall be accompanied by the required fee as set by |
Section 10-55 of this Act and further refined by rule. |
Applications for partial or full exemption from licensure as a |
cemetery authority shall be submitted to the Department within |
6 months 12 months after the Department adopts rules under this |
Act. If the person fails to submit the application for partial |
or full exemption within this period, the person shall be |
subject to discipline in accordance with Article 25 of this |
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Act. The process for renewing a full or partial exemption shall |
be set by rule. If a cemetery authority seeks to practice at |
more than one location, it shall meet all licensure |
requirements at each location as required by this Act and by |
rule, including submission of an application and fee. A person |
licensed as a cemetery manager or customer service employee |
need not submit a Worker's Statement in accordance with Section |
10-22 of this Act. |
(b) (Blank). If the application for licensure as a cemetery |
authority does not claim a full exemption or partial exemption, |
then the cemetery authority license application shall be |
accompanied by a fidelity bond, proof of self-insurance, or |
letter of credit in the amount required by rule. Such bond, |
self-insurance, or letter of credit shall run to the Department |
for the benefit of the care funds held by such cemetery |
authority or by the trustee of the care funds of such cemetery |
authority. If care funds of a cemetery authority are held by |
any entity authorized to do a trust business under the |
Corporate Fiduciary Act or held by an investment company, then |
the Department shall waive the requirement of a bond, |
self-insurance, or letter of credit as established by rule. If |
the Department finds at any time that the bond, self-insurance |
or letter of credit is insecure or exhausted or otherwise |
doubtful, then an additional bond, form of self-insurance, or |
letter of credit in like amount to be approved by the |
Department shall be filed by the cemetery authority applicant |
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or licensee within 30 days after written demand is served upon |
the applicant or licensee by the Department. In addition, if |
the cemetery authority application does not claim a full |
exemption or partial exemption, then the license application |
shall be accompanied by proof of liability insurance, proof of |
self-insurance, or a letter of credit in the amount required by |
rule. The procedure by which claims on the liability insurance, |
self-insurance, or letter of credit are made and paid shall be |
determined by rule. Any bond obtained pursuant to this |
subsection shall be issued by a bonding company authorized to |
do business in this State. Any letter of credit obtained |
pursuant to this subsection shall be issued by a financial |
institution authorized to do business in this State. |
Maintaining the bonds, self-insurance, or letters of credit |
required under this subsection is a continuing obligation for |
licensure. A bonding company may terminate a bond, a financial |
institution may terminate a letter of credit, or an insurance |
company may terminate liability insurance and avoid further |
liability by filing a 60-day notice of termination with the |
Department and at the same time sending the same notice to the |
cemetery authority. |
(c) After initial licensure, if any person comes to obtain |
at least 51% of the ownership over the licensed cemetery |
authority, then the cemetery authority shall have to apply for |
a new license and receive licensure in the required time as set |
by rule. The current license remains in effect until the |
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Department takes action on the application for a new license. |
(d) All applications shall contain the information that, in |
the judgment of the Department, will enable the Department to |
pass on the qualifications of the applicant for an exemption |
from licensure or for a license to practice as a cemetery |
authority, cemetery manager, or customer service employee as |
set by rule.
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(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/10-21) |
(Section scheduled to be repealed on January 1, 2021)
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Sec. 10-21. Qualifications for licensure. |
(a) A cemetery authority shall apply for licensure on forms |
prescribed by the Department and pay the required fee. An |
applicant is qualified for licensure as a cemetery authority if |
the applicant meets all of the following qualifications: |
(1) The applicant is of good moral character and has |
not committed any act or offense in any jurisdiction that |
would constitute the basis for discipline under this Act. |
When considering such license In determining good moral |
character , the Department shall take into consideration |
the following: |
(A) the applicant's record of compliance with the |
Code of Professional Conduct and Ethics, and whether |
the applicant has been found to have engaged in any |
unethical or dishonest practices in the cemetery |
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business; |
(B) whether the applicant has been adjudicated, |
civilly or criminally, to have committed fraud or to |
have violated any law of any state involving unfair |
trade or business practices, has been convicted of a |
misdemeanor of which fraud is an essential element or |
which involves any aspect of the cemetery business, or |
has been convicted of any felony; |
(C) whether the applicant has willfully violated |
any provision of this Act or a predecessor law or any |
regulations relating thereto; |
(D) whether the applicant has been permanently or |
temporarily suspended, enjoined, or barred by any |
court of competent jurisdiction in any state from |
engaging in or continuing any conduct or practice |
involving any aspect of the cemetery or funeral |
business; and |
(E) whether the applicant has ever had any license |
to practice any profession or occupation suspended, |
denied, fined, or otherwise acted against or |
disciplined by the applicable licensing authority. |
If the applicant is a corporation, limited liability |
company, partnership, or other entity permitted by law, |
then the Department shall determine whether each |
principal, owner, member, officer, and shareholder holding |
25% or more of corporate stock has met the requirements of |
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this item (1) of subsection (a) of this Section is to be of |
good moral character . Good moral character is a continuing |
requirement of licensure. |
(2) The applicant must provide a statement of its |
assets and liabilities to the Department. The applicant |
provides evidence satisfactory to the Department that the |
applicant has financial resources sufficient to comply |
with the maintenance and record-keeping provisions in |
Section 20-5 of this Act. Maintaining sufficient financial |
resources is a continuing requirement for licensure. |
(3) The applicant has not, within the preceding 10 |
years, been convicted of or entered a plea of guilty or |
nolo contendere to (i) a Class X felony or (ii) a felony, |
an essential element of which was fraud or dishonesty under |
the laws of this State, another state, the United States, |
or a foreign jurisdiction. If the applicant is a |
corporation, limited liability company, partnership, or |
other entity permitted by law, then each principal, owner, |
member, officer, and shareholder holding 25% or more of |
corporate stock has not, within the preceding 10 years, |
been convicted of or entered a plea of guilty or nolo |
contendere to (i) a Class X felony or (ii) a felony, an |
essential element of which was fraud or dishonesty under |
the laws of this State, another state, the United States, |
or a foreign jurisdiction. |
(4) The applicant shall authorize the Department to |
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conduct a criminal background check that does not involve |
fingerprinting. The applicant submits his or her |
fingerprints in accordance with subsection (c) of this |
Section. |
(5) In the case of a person or entity applying for |
renewal of his, her, or its license, the The applicant has |
complied with all other requirements of this Act and the |
rules adopted for the implementation of this Act. |
(b) The cemetery manager and customer service employees of |
a licensed cemetery authority shall apply for licensure as a |
cemetery manager or customer service employee on forms |
prescribed by the Department and pay the required fee. A person |
is qualified for licensure as a cemetery manager or customer |
service employee if he or she meets all of the following |
requirements: |
(1) Is at least 18 years of age. |
(2) Has acted in an ethical manner as set forth in |
Section 10-23 of this Act Is of good moral character . Good |
moral character is a continuing requirement of licensure. |
In determining qualifications of licensure good moral |
character , the Department shall take into consideration |
the factors outlined in item (1) of subsection (a) of this |
Section. |
(3) Submits proof of successful completion of a high |
school education or its equivalent as established by rule. |
(4) The applicant shall authorize the Department to |
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conduct a criminal background check that does not involve |
fingerprinting Submits his or her fingerprints in |
accordance with subsection (c) of this Section . |
(5) Has not committed a violation of this Act or any |
rules adopted under this Act that, in the opinion of the |
Department, renders the applicant unqualified to be a |
cemetery manager. |
(6) Submits proof of successful completion of a |
certification course recognized by the Department for a |
cemetery manager or customer service employee, whichever |
the case may be Successfully passes the examination |
authorized by the Department for cemetery manager or |
customer service employee, whichever is applicable . |
(7) Has not, within the preceding 10 years, been |
convicted of or entered a plea of guilty or nolo contendere |
to (i) a Class X felony or (ii) a felony, an essential |
element of which was fraud or dishonesty under the laws of |
this State, another state, the United States, or a foreign |
jurisdiction. |
(8) (Blank). Can be reasonably expected to treat |
consumers professionally, fairly, and ethically. |
(9) In the case of a person applying for renewal of his |
or her license, has Has complied with all other |
requirements of this Act and the rules adopted for |
implementation of this Act. |
(c) Each applicant for a cemetery authority, cemetery |
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manager, or customer service employee license shall authorize |
the Department to conduct a criminal background check that does |
not involve fingerprinting. The Department must, in turn, |
conduct the criminal background check on each applicant. The |
Department shall adopt rules to implement this subsection (c), |
but in no event shall the Department impose a fee upon the |
applicant for the background check. Each applicant for a |
cemetery authority, cemetery manager, or customer service |
employee license shall have his or her fingerprints submitted |
to the Department of State Police in an electronic format that |
complies with the form and manner for requesting and furnishing |
criminal history record information that is prescribed by the |
Department of State Police. These
fingerprints shall be checked |
against the Department of State
Police and Federal Bureau of |
Investigation criminal history
record databases. The |
Department of State Police shall charge
applicants a fee for |
conducting the criminal history records
check, which shall be |
deposited in the State Police Services
Fund and shall not |
exceed the actual cost of the records check.
The Department of |
State Police shall furnish, pursuant to
positive |
identification, records of Illinois convictions to
the |
Department. The Department may require applicants to pay a
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separate fingerprinting fee, either to the Department or
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directly to a designated fingerprint vendor. The Department, in
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its discretion, may allow an applicant who does not have
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reasonable access to a designated fingerprint vendor to provide
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his or her fingerprints in an alternative manner. The
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Department, in its discretion, may also use other procedures in
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performing or obtaining criminal background checks of
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applicants. Instead of submitting his or her fingerprints, an
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individual may submit proof that is satisfactory to the
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Department that an equivalent security clearance has been
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conducted. If the applicant for a cemetery authority license is |
a corporation, limited liability company, partnership, or |
other entity permitted by law, then each principal, owner, |
member, officer, and shareholder holding 25% or more of |
corporate stock shall have his or her fingerprints submitted in |
accordance with this subsection (c).
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(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/10-23) |
(Section scheduled to be repealed on January 1, 2021)
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Sec. 10-23. Code of Professional Conduct and Ethics. |
Licensed cemetery authorities and their licensed cemetery |
managers and customer service employees, and cemetery |
authorities maintaining a partial exemption and their cemetery |
managers and customer service employees shall: |
(a) Refrain from committing any action that may violate |
Section 25-10 of this Act; |
(b) Be aware of applicable federal and State laws and |
regulations, adhere to those laws and regulations, and be able |
to explain them to families in an understandable manner; |
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(c) Treat all human remains with proper care and dignity, |
honoring known religious, ethnic, and personal beliefs; |
(d) Protect all confidential information; |
(e) Carry out all aspects of service in a competent and |
respectful manner; |
(f) Fulfill all written and verbal agreements and |
contracts; |
(g) Provide honest, factual, and complete information |
regarding all aspects of the services offered and provided; |
(h) Not engage in advertising that is false, misleading, or |
otherwise prohibited by law; |
(i) Not discriminate against any person because of race, |
creed, marital status, sex, national origin, sexual |
orientation, or color, except a religious cemetery may restrict |
its services to those of the same religious faith or creed. A |
cemetery authority operating any cemetery may designate parts |
of cemeteries or burial grounds for the specific use of persons |
whose religious code requires isolation; |
(j) To have clear and specific cemetery rules and |
regulations, subject to other applicable law, including this |
Act, and to apply them equally to all families served; |
(k) Report all violations of this Act and this Section to |
the Department. The Department shall adopt a Code of |
Professional Conduct and Ethics by rule. Cemetery authorities, |
cemetery managers, and customer service employees shall abide |
by the Code of Professional Conduct and Ethics.
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(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/10-25) |
(Section scheduled to be repealed on January 1, 2021)
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Sec. 10-25. Certification Examination; failure or refusal |
to take the examination . |
(a) The Department shall authorize certification programs |
for examinations of cemetery manager and customer service |
employee applicants at such times and places as it may |
determine . The certification programs must consist of |
education and training in cemetery ethics, cemetery law, and |
cemetery practices. Cemetery ethics shall include, without |
limitation, the Code of Professional Conduct and Ethics as set |
forth in Section 10-23 of this Act. Cemetery law shall include, |
without limitation, the Cemetery Oversight Act, the Cemetery |
Care Act, the Disposition of Remains Act, and the Cemetery |
Protection Act. Cemetery practices shall include, without |
limitation, treating the dead and their family members with |
dignity and respect. The certification program shall include an |
examination administered by the entity providing the |
certification. The examinations shall fairly test an |
applicant's qualifications to practice as cemetery manager or |
customer service employee, whatever the case may be, and |
knowledge of the theory and practice of cemetery operation and |
management or cemetery customer service, whichever is |
applicable. The examination shall further test the extent to |
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which the applicant understands and appreciates that the final |
disposal of a deceased human body should be attended with |
appropriate observance and understanding, having due regard |
and respect for the reverent care of the human body and for |
those bereaved and for the overall spiritual dignity of an |
individual. |
(a-5) An entity seeking to offer a certification program to |
cemetery manager applicants and customer service employee |
applicants must receive approval of its program from the |
Department in a manner and form prescribed by the Department by |
rule. As part of this process, the entity must submit to the |
Department the examination it offers or intends to offer as |
part of its certification program The examinations for cemetery |
manager and customer service employee shall be appropriate for |
cemetery professionals and shall not cover mortuary science . |
(a-10) A cemetery manager applicant or customer service |
employee applicant may choose any entity that has been approved |
by the Department from which to obtain certification The |
examinations for cemetery manager and customer service |
employee applicants shall be tiered, as determined by rule, to |
account for the different amount of knowledge needed by such |
applicants depending on their job duties and the number of |
interments, inurnments, and entombments per year at the |
cemetery at which they work . |
(b) Cemetery manager applicants and customer service |
employee applicants shall pay the fee for the certification |
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program directly to the entity offering the program. Applicants |
for examinations shall pay, either to the Department or to the |
designated testing service, a fee covering the cost of |
providing the examination. Failure to appear for the |
examination on the scheduled date at the time and place |
specified after the application for examination has been |
received and acknowledged by the Department or the designated |
testing service shall result in forfeiture of the examination |
fee. |
(c) If the cemetery manager applicant or customer service |
employee applicant neglects, fails, or refuses to become |
certified take an examination or fails to pass an examination |
for a license under this Act within one year after filing an |
application, then the application shall be denied. However, the |
applicant may thereafter submit a new application accompanied |
by the required fee. The applicant shall meet the requirements |
in force at the time of making the new application. |
(d) A cemetery manager applicant or customer service |
employee applicant who has completed a certification program |
offered by an entity that has not received the Department's |
approval as required by this Section has not met the |
qualifications for licensure as set forth in Section 10-21 of |
this Act The Department may employ consultants for the purpose |
of preparing and conducting examinations . |
(e) The Department shall recognize any certification |
program that is conducted by a death care trade association in |
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Illinois that has been in existence for more than 5 years that, |
in the determination of the Department, provides adequate |
education and training in cemetery law, cemetery ethics, and |
cemetery practices and administers an examination covering the |
same The Department shall have the authority to adopt or |
recognize, in part or in whole, examinations prepared, |
administered, or graded by other organizations in the cemetery |
industry that are determined appropriate to measure the |
qualifications of an applicant for licensure .
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(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/10-30) |
(Section scheduled to be repealed on January 1, 2021)
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Sec. 10-30. Continuing education. The Department shall |
adopt rules for continuing education of cemetery managers and |
customer service employees. The continuing education programs |
may consist of education and training in cemetery ethics, |
cemetery law, and cemetery practices as defined in Section |
10-25 of this Act. An entity seeking to offer a continuing |
education program to cemetery managers and customer service |
employees must receive approval of its program from the |
Department in a manner and form prescribed by the Department by |
rule. Cemetery managers shall be required to complete 6 hours |
of continuing education during each renewal cycle. Customer |
service employees shall be required to complete 3 hours of |
continuing education during each renewal cycle. The continuing |
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education requirements for cemetery managers and customer |
service employees shall be tiered, as determined by rule, to |
account for the different amount of knowledge needed by such |
applicants depending on their job duties and the number of |
interments, inurnments, and entombments per year at the |
cemetery at which they work. The Department shall strive to |
keep the costs of any continuing education program imposed on a |
cemetery authority minimal. The requirements of this Section |
apply to any person seeking renewal or restoration under |
Section 10-40 of this Act.
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(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/10-39 new) |
Sec. 10-39. Cemetery manager and customer service |
employee; display of certification and license; grace periods. |
The cemetery manager and customer service employee must |
conspicuously display the certification and the license after |
it is received at the cemetery authority's place of business. |
Any person applying for original licensure as a cemetery |
manager without the required certification from a program |
approved by the Department shall have a reasonable period of |
time, not to exceed one year from the date of his or her |
original application, but not any second or subsequent |
application, to complete the program. In the interim, the |
cemetery manager without certification may manage the cemetery |
if he or she (1) has submitted an application for licensure and |
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(2) has received training from another person, as verified by |
an appropriate form approved by the Department, who has |
received the required certification from a program recognized |
by the Department. Any person applying for original licensure |
as a customer service employee without the required |
certification from a program approved by the Department shall |
have a reasonable period of time, not to exceed one year from |
the date of his or her original application, but not any second |
or subsequent application, to complete the program. In the |
interim, the customer service employee without certification |
may engage in the work of a customer service employee if he or |
she (1) has submitted an application for licensure and (2) has |
received training from another person, as verified by an |
appropriate form approved by the Department, who has received |
certification from a program recognized by the Department. |
(225 ILCS 411/10-40) |
(Section scheduled to be repealed on January 1, 2021)
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Sec. 10-40. Expiration and renewal of license. Every |
cemetery authority, cemetery manager, and customer service |
employee license shall expire every 2 years. Every registration |
as a fully exempt cemetery authority or partially exempt |
cemetery authority shall expire every 4 years. The expiration |
date, renewal period, and other requirements for each license |
and registration shall be further refined set by rule.
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(Source: P.A. 96-863, eff. 3-1-10.) |
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(225 ILCS 411/10-45) |
(Section scheduled to be repealed on January 1, 2021)
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Sec. 10-45. Transfer or sale, preservation of license , |
liability for shortage . |
(a) (Blank). In the case of a sale of any cemetery or any |
part thereof or of any related personal property by a cemetery |
authority to a purchaser or pursuant to foreclosure |
proceedings, except the sale of burial rights, services, or |
merchandise to a person for his or her personal or family |
burial or interment, the purchaser is liable for any shortages |
existing before or after the sale in the care funds required to |
be maintained in a trust pursuant to this Act and shall honor |
all instruments issued under Article 15 of this Act for that |
cemetery. Any shortages existing in the care funds constitute a |
prior lien in favor of the trust for the total value of the |
shortages and notice of such lien shall be provided in all |
sales instruments. |
(b) In the event of a sale or transfer of all or |
substantially all of the assets of the cemetery authority, the |
sale or transfer of the controlling interest of the corporate |
stock of the cemetery authority, if the cemetery authority is a |
corporation, or the sale or transfer of the controlling |
interest of the partnership, if the cemetery authority is a |
partnership, or the sale or transfer of the controlling |
membership, if the cemetery authority is a limited liability |
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company, the cemetery authority shall, at least 30 days prior |
to the sale or transfer, notify the Department, in writing, of |
the pending date of sale or transfer so as to permit the |
Department to audit the books and records of the cemetery |
authority. The audit must be commenced within 10 business days |
of the receipt of the notification and completed within the |
30-day notification period unless the Department notifies the |
cemetery authority during that period that there is a basis for |
determining a deficiency that will require additional time to |
finalize . The sale or transfer may not be completed by the |
cemetery authority unless and until: |
(1) (Blank). the Department has completed the audit of |
the cemetery authority's books and records; |
(2) (Blank). any delinquency existing in the care funds |
has been paid by the cemetery authority or arrangements |
satisfactory to the Department have been made by the |
cemetery authority on the sale or transfer for the payment |
of any delinquency; and |
(3) the Department issues a new cemetery authority |
license upon application of the newly controlled |
corporation or partnership, which license must be applied |
for at least 30 days prior to the anticipated date of the |
sale or transfer , subject to the payment of any |
delinquencies, if any, as stated in item (2) of this |
subsection (b) . |
(c) In the event of a sale or transfer of any cemetery |
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land, including any portion of cemetery land in which no human |
remains have been interred, a licensee shall, at least 45 days |
prior to the sale or transfer, notify the Department, in |
writing, of the pending sale or transfer. With the |
notification, the cemetery authority shall submit information |
to the Department, which may include a copy of a portion of the |
cemetery map showing the land to be sold or transferred, to |
enable the Department to determine whether any human remains |
are interred, inurned, or entombed within the land to be sold |
or transferred and whether consumers have rights of interment, |
inurnment, or entombment within the land to be sold or |
transferred. |
(d) For purposes of this Section, a person who acquires the |
cemetery through a real estate foreclosure shall be subject to |
the provisions of this Section pertaining to the purchaser, |
including licensure.
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(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/10-50) |
(Section scheduled to be repealed on January 1, 2021)
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Sec. 10-50. Dissolution. Where any licensed cemetery |
authority or any trustee thereof seeks has accepted care funds |
within the meaning of this Act, and dissolution is sought by |
such cemetery authority in any manner, by resolution of such |
cemetery authority, or the trustees thereof, notice shall be |
given to the Department of such intention to dissolve and |
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proper disposition shall be made of the care funds so held for |
the general benefit of such lot owners by or for the benefit of |
such cemetery authority, as provided by law, or in accordance |
with the trust provisions of any gift, grant, contribution, |
payment, legacy, or pursuant to any contract whereby such funds |
were created . The Department, represented by the Attorney |
General, may apply to the circuit court for the appointment of |
a receiver , trustee, successor in trust, or for directions of |
such court as to the proper disposition to be made of such care |
funds, to the end that the uses and purposes for which such |
trust or care funds were created may be accomplished, and for |
proper continued operation of the cemetery.
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(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/10-55) |
(Section scheduled to be repealed on January 1, 2021)
|
Sec. 10-55. Fees. |
(a) Except as provided in subsection (b) of this Section, |
the fees for the administration and enforcement of this Act , |
including, but not limited to, original licensure, renewal, and |
restoration fees, shall be set by the Department by rule. The |
fees shall be reasonable and shall not be refundable. |
(b) Cemetery manager applicants and customer service |
employee applicants shall pay any certification program or |
continuing education program fee directly to the entity |
offering the program. |
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(c) The Department may waive fees based upon hardship. |
(d) Nothing shall prohibit a cemetery authority from |
paying, on behalf of its cemetery managers or customer service |
employees, their application, renewal, or restoration fees. |
(b) Applicants for examination shall be required to pay, |
either to the Department or the designated testing service, a |
fee covering the cost of providing the examination. |
(e) (c) All fees and other moneys collected under this Act |
shall be deposited in the Cemetery Oversight Licensing and |
Disciplinary Fund.
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(f) The fee for application as a cemetery authority seeking |
a full exemption is $0. |
(g) The fee to renew registration as a fully exempt |
cemetery authority is $0. As provided in Section 10-40 of this |
Act and as further refined by rule, each registration as a |
fully exempt cemetery authority shall expire every 4 years. |
(h) The fee for application as a cemetery authority seeking |
a partial exemption is $150. |
(i) The fee to renew registration as a partially exempt |
cemetery authority is $150. As provided in Section 10-40 of |
this Act and as further refined by rule, each registration as a |
partially exempt cemetery authority shall expire every 4 years. |
(j) The fee for original licensure, renewal, and |
restoration as a cemetery authority not seeking a full or |
partial exemption is $75. As provided in Section 10-40 of this |
Act and as further refined by rule, each cemetery authority |
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license shall expire every 2 years. |
(k) The fee for original licensure, renewal, and |
restoration as a cemetery manager is $25. As provided in |
Section 10-40 of this Act and as further refined by rule, each |
cemetery manager license shall expire every 2 years. |
(l) The fee for original licensure, renewal, and |
restoration as a customer service employee is $25. As provided |
in Section 10-40 of this Act and as further refined by rule, |
each customer service employee license shall expire every 2 |
years. |
(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/20-5) |
(Section scheduled to be repealed on January 1, 2021)
|
Sec. 20-5. Maintenance and records. |
(a) A cemetery authority shall provide reasonable |
maintenance of the cemetery property and of all lots, graves, |
crypts, and columbariums in the cemetery based on the type and |
size of the cemetery, topographic limitations, and contractual |
commitments with consumers. Subject to the provisions of this |
subsection (a), reasonable maintenance includes: |
(1) the laying of seed, sod, or other suitable ground |
cover as soon as practical following an interment given the |
weather conditions, climate, and season and the |
interment's proximity to ongoing burial activity; |
(2) the cutting of lawn throughout the cemetery at |
|
reasonable intervals to prevent an overgrowth of grass and |
weeds given the weather conditions, climate, and season; |
(3) the trimming of shrubs to prevent excessive |
overgrowth; |
(4) the trimming of trees to remove dead limbs; |
(5) maintaining, repairing, or removing, if necessary, |
drains, water lines, roads, buildings, fences, and other |
structures keeping in repair the drains, water lines, |
roads, buildings, fences, and other structures ; and |
(6) keeping the cemetery premises free of trash and |
debris. |
In determining whether a cemetery authority provides |
reasonable maintenance of the cemetery property, the |
Department shall consider: |
(1) the cemetery authority's contractual obligations |
for care and maintenance; |
(2) the size of the cemetery; |
(3) the extent and use of the cemetery authority's |
financial resources; |
(4) the standard of maintenance of one or more |
similarly situated cemeteries; in determining whether a |
cemetery is similarly situated, the Department shall |
consider the cemetery's size, location, topography, and |
financial resources, and whether the cemetery is a |
fraternal cemetery, a religious cemetery, a public |
cemetery, a cemetery owned and operated by a cemetery |
|
association, or a licensed cemetery. |
Reasonable maintenance by the cemetery authority shall not
|
preclude the exercise of lawful rights by the owner of an
|
interment, inurnment, or entombment right, or by the decedent's
|
immediate family or other heirs, in accordance with reasonable
|
rules and regulations of the cemetery or other agreement of the
|
cemetery authority.
|
In the case of a cemetery dedicated as a nature preserve |
under the Illinois Natural Areas Preservation Act, reasonable |
maintenance by the cemetery authority shall be in accordance |
with the rules and master plan governing the dedicated nature |
preserve. |
The Department shall adopt rules to provide greater detail |
as to what constitutes the reasonable maintenance required |
under this Section. The rules shall differentiate between |
cemeteries based on, among other things, the size and financial |
strength of the cemeteries. The rules shall also provide a |
reasonable opportunity for a cemetery authority accused of |
violating the provisions of this Section to cure any such |
violation in a timely manner given the weather conditions, |
climate, and season before the Department initiates formal |
proceedings. |
A cemetery authority accused of violating the reasonable |
maintenance standard set forth in this Section shall have a |
reasonable opportunity to cure the violation. The cemetery |
authority shall have 10 business days after receipt of notice |
|
to cure the violation. If a cemetery authority cannot cure the |
violation within 10 business days, then the cemetery authority |
may request a time extension in order to cure the violation. |
The request for an extension shall be made in writing to the |
Department and must be postmarked within 10 business days after |
receipt of the notice of the alleged violation. The request |
shall outline all reasons for the extension and an estimated |
date by which the cure will be accomplished. Acceptable reasons |
include, without limitation, delays caused by weather |
conditions, season or climate, equipment failures, or |
acquisitions of materials or supplies being addressed by the |
authority in a timely manner, and unexpected temporary absences |
of personnel. The Department may approve or deny the extension. |
If the extension is denied, then the cemetery authority must |
cure the violation within 10 business days after the date of |
receipt of the Department's extension denial. If the extension |
is granted, then the cemetery authority must cure the violation |
within the extended period of time. A cemetery authority that |
does not cure the violation within the appropriate period of |
time shall be subject to discipline in accordance with Article |
25 of this Act. |
(b) A cemetery authority, before commencing cemetery |
operations or within 6 months after the effective date of this |
Act, shall cause an overall map of its cemetery property, |
delineating all lots or plots, blocks, sections, avenues, |
walks, alleys, and paths and their respective designations, to |
|
be filed at its on-site office, or if it does not maintain an |
on-site office, at its principal place of business. The |
cemetery authority shall update its map and index described in |
subsection (b-5) within a reasonable time after any expansion |
or alteration of the cemetery property. A cemetery manager's |
certificate acknowledging, accepting, and adopting the map |
shall also be included with the map. The Department may order |
that the cemetery authority obtain a cemetery plat and that it |
be filed at its on-site office, or if it does not maintain an |
on-site office, at its principal place of business if only in |
the following circumstances: (1) the cemetery authority is |
expanding or altering the cemetery grounds; or (2) a human body |
that should have been interred, entombed, or inurned at the |
cemetery after the effective date of this amendatory Act of the |
97th General Assembly is missing, displaced, or dismembered and |
(2) the cemetery map contains serious discrepancies. |
In exercising this discretion, the Department shall |
consider whether the cemetery authority would experience an |
undue hardship as a result of obtaining the plat. The cemetery |
plat, as with all plats prepared under this Act, shall comply |
with the Illinois Professional Land Surveyor Act of 1989 and |
shall delineate, describe, and set forth all lots or plots, |
blocks, sections, avenues, walks, alleys, and paths and their |
respective designations. A cemetery manager's certificate |
acknowledging, accepting, and adopting the plat shall also be |
included with the plat. |
|
(b-5) A cemetery authority shall maintain an index that |
associates the identity of deceased persons interred, |
entombed, or inurned after the effective date of this Act with |
their respective place of interment, entombment, or inurnment. |
(c) The cemetery authority shall open the cemetery map or |
plat to public inspection. The cemetery authority shall make |
available a copy of the overall cemetery map or plat upon |
written request and shall, if practical, provide a copy of a |
segment of the cemetery plat where interment rights are located |
upon the payment of reasonable photocopy fees. Any unsold lots, |
plots, or parts thereof, in which there are not human remains, |
may be resurveyed and altered in shape or size and properly |
designated on the cemetery map or plat. However, sold lots, |
plots, or parts thereof in which there are human remains may |
not be renumbered or renamed. Nothing contained in this |
subsection, however, shall prevent the cemetery authority from |
enlarging an interment right by selling to its owner the excess |
space next to the interment right and permitting interments |
therein, provided reasonable access to the interment right and |
to adjoining interment rights is not thereby eliminated. |
(d) A cemetery authority shall keep a record of every |
interment, entombment, and inurnment completed after the |
effective date of this Act. The record shall include the |
deceased's name, age, date of burial, and the specific location |
of the interred, entombed, or inurned human remains. The |
specific location shall correspond to the map or plat |
|
maintained in accordance with subsection (b) of this Section |
and parcel identification number identifying where the human |
remains are interred, entombed, or inurned. The record shall |
also include the unique personal identifier as may be further |
defined by rule, which is the parcel identification number in |
addition to the term of burial in years; the numbered level or |
depth in the grave, plot, crypt, or niche; and the year of |
death . |
(e) (Blank). |
(f) A cemetery authority shall make available for |
inspection and, upon reasonable request and the payment of a |
reasonable copying fee, provide a copy of its rules and |
regulations. A cemetery authority shall make available for |
viewing and provide a copy of its current prices of interment, |
inurnment, or entombment rights. |
(g) A cemetery authority shall provide access to the |
cemetery under the cemetery authority's reasonable rules and |
regulations. |
(h) A cemetery authority shall be responsible for the |
proper opening and closing of all graves, crypts, or niches for |
human remains in any cemetery property it owns. |
(i) A Any corporate or other business organization trustee |
of the care funds of every licensed cemetery authority shall be |
located in or a resident of this State. The licensed cemetery |
authority and the trustee of care funds shall keep in this |
State and use in its business such books, accounts, and records |
|
as will enable the Department to determine whether such |
licensee or trustee is complying with the provisions of this |
Act and with the rules, regulations, and directions made by the |
Department under this Act. The licensed cemetery authority |
shall keep the books, accounts, and records in electronic or |
written format at the location identified in the license issued |
by the Department or as otherwise agreed by the Department in |
writing. The books, accounts, and records shall be accessible |
for review upon demand of the Department.
|
(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/20-6) |
(Section scheduled to be repealed on January 1, 2021)
|
Sec. 20-6. Cemetery Oversight Database. |
(a) Within 10 business days after an interment, entombment, |
or inurnment of human remains, the cemetery manager shall cause |
a record of the interment, entombment, or inurnment to be |
entered into the Cemetery Oversight Database. The requirement |
of this subsection (a) also applies in any instance in which |
human remains are relocated. |
(b) Within 9 months after the effective date of this Act, |
the Department shall certify a database as the Cemetery |
Oversight Database. Upon certifying the database, the |
Department shall:
|
(1) provide reasonable notice to cemetery authorities |
identifying the database; and |
|
(2) immediately upon certification, require each |
cemetery authority to use the Cemetery Oversight Database |
as a means of complying with subsection (a). |
(c) In certifying the Cemetery Oversight Database, the |
Department shall ensure that the database:
|
(1) provides real-time access through an Internet |
connection or, if real-time access through an Internet |
connection becomes unavailable due to technical problems |
with the Cemetery Oversight Database incurred by the |
database provider or if obtaining use of an Internet |
connection would be an undue hardship on the cemetery |
authority, through alternative mechanisms, including, but |
not limited to, telephone; |
(2) is accessible to the Department and to cemetery |
managers in order to ensure compliance with this Act and in |
order to provide any other information that the Department |
deems necessary; |
(3) requires cemetery authorities to input whatever |
information required by the Department; |
(4) maintains a real-time copy of the required |
reporting information that is available to the Department |
at all times and is the property of the Department; and |
(5) contains safeguards to ensure that all information |
contained in the Cemetery Oversight Database is secure. |
(d) A cemetery authority may rely on the information |
contained in the Cemetery Oversight Database as accurate and is |
|
not subject to any administrative penalty or liability as a |
result of relying on inaccurate information contained in the |
database. |
(e) The Cemetery Oversight Database provider shall |
indemnify cemetery authorities against all claims and actions |
arising from illegal, willful, or wanton acts on the part of |
the Database provider.
The Cemetery Oversight Database |
provider shall at all times maintain an electronic backup copy |
of the information it receives pursuant to subsection (a).
|
(f) In the event the provider of the database imposes a fee |
for entries into the database, the fee shall be paid directly |
by the Department to the provider, and the fee may not be |
imposed upon cemetery authorities making entries into the |
database. However, the provider need not refund any entry fees |
paid by cemetery authorities prior to the effective date of |
this amendatory Act of the 97th General Assembly. |
(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/20-10) |
(Section scheduled to be repealed on January 1, 2021)
|
Sec. 20-10. Contract. At the time cemetery arrangements |
are made and prior to rendering the cemetery services, a |
cemetery authority shall create a written contract to be |
provided to the consumer, signed by both parties, that shall |
contain: (i) contact information, as set out in Section 20-11, |
and the date on which the arrangements were made; (ii) the |
|
price of the service selected and the services and merchandise |
included for that price; (iii) the supplemental items of |
service and merchandise requested and the price of each item; |
(iv) the terms or method of payment agreed upon; and (v) a |
statement as to any monetary advances made on behalf of the |
family. The cemetery authority shall maintain a copy of such |
written contract in its permanent records.
|
(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/20-35 new) |
Sec. 20-35. Stacking; burial or interment of an unknown |
individual or unknown body part. |
(a) The stacking of caskets underground of any individual |
is limited to no more than 3 caskets in one grave space with |
the exception of an arrangement made pursuant to a lawful |
contract with a consumer that complies with the requirements of |
Section 20-10 of this Act. |
(b) Burials and interments of unknown individuals or |
unknown body parts must be entered into the Cemetery Oversight |
Database as provided in Section 20-6 of this Act. |
(225 ILCS 411/20-40 new) |
Sec. 20-40. Burial of multiple persons. A cemetery |
authority shall not knowingly bury human remains from multiple |
persons, known or unknown, in the same casket or grave space |
with the exception of (1) human remains that are placed in |
|
individual containers, (2) a mass casualty event, either |
natural or man-made, or (3) an arrangement made pursuant to a |
lawful contract with a consumer that complies with the |
requirements of Section 20-10 of this Act. |
(225 ILCS 411/25-10) |
(Section scheduled to be repealed on January 1, 2021)
|
Sec. 25-10. Grounds for disciplinary action. |
(a) The Department may refuse to issue or renew a license |
or may revoke, suspend, place on probation, reprimand, or take |
other disciplinary action as the Department may deem |
appropriate, including imposing fines not to exceed $8,000 |
$10,000 for each violation, with regard to any license under |
this Act, for any one or combination of the following: |
(1) Material misstatement in furnishing information to |
the Department.
|
(2) Violations of this Act, except for Section 20-8, or |
of the rules adopted under this Act.
|
(3) Conviction of, or entry of a plea of guilty or nolo |
contendere to, any crime within the last 10 years that is a |
Class X felony or higher or is a felony involving fraud and |
dishonesty under the laws of the United States or any state |
or territory thereof. |
(4) Making any misrepresentation for the purpose of |
obtaining licensure or violating any provision of this Act |
or the rules adopted under this Act.
|
|
(5) Professional incompetence.
|
(6) Gross malpractice.
|
(7) Aiding or assisting another person in violating any |
provision of this Act or rules adopted under this Act.
|
(8) Failing, within 10 business days, to provide |
information in response to a written request made by the |
Department.
|
(9) Engaging in dishonorable, unethical, or |
unprofessional conduct of a character likely to deceive, |
defraud, or harm the public.
|
(10) Inability to practice with reasonable judgment, |
skill, or safety as a result of habitual or excessive use |
of alcohol, narcotics, stimulants, or any other chemical |
agent or drug. |
(11) Discipline by another agency, state, District of |
Columbia, territory, or foreign nation, if at least one of |
the grounds for the discipline is the same or substantially |
equivalent to those set forth in this Section. |
(12) Directly or indirectly giving to or receiving from |
any person, firm, corporation, partnership, or association |
any fee, commission, rebate, or other form of compensation |
for professional services not actually or personally |
rendered. |
(13) A finding by the Department that the licensee, |
after having his or her license placed on probationary |
status, has violated the terms of probation.
|
|
(14) Willfully making or filing false records or |
reports in his or her practice, including, but not limited |
to, false records filed with any governmental agency or |
department. |
(15) Inability to practice the profession with |
reasonable judgment, skill, or safety. |
(16) Failure to file an annual report or to maintain in |
effect the required bond or to comply with an order, |
decision, or finding of the Department made pursuant to |
this Act. |
(17) Directly or indirectly receiving compensation for |
any professional services not actually performed. |
(18) Practicing under a false or, except as provided by |
law, an assumed name.
|
(19) Fraud or misrepresentation in applying for, or |
procuring, a license under this Act or in connection with |
applying for renewal of a license under this Act.
|
(20) Cheating on or attempting to subvert the licensing |
examination administered under this Act.
|
(21) Unjustified failure to honor its contracts.
|
(22) Negligent supervision of a cemetery manager, |
customer service employee, employee cemetery worker , or |
independent contractor.
|
(23) A pattern of practice or other behavior which |
demonstrates incapacity or incompetence to practice under |
this Act.
|
|
(24) Allowing an individual who is not, but is required |
to be, licensed under this Act to perform work for the |
cemetery authority. |
(25) (Blank). Allowing an individual who has not, but |
is required to, submit a Worker's Statement in accordance |
with Section 10-22 of this Act to perform work at the |
cemetery. |
(b) No action may be taken under this Act against a person |
licensed under this Act unless the action is commenced within 5 |
years after the occurrence of the alleged violations , except |
for a violation of item (3) of subsection (a) of this Section. |
If a person licensed under this Act violates item (3) of |
subsection (a) of this Section, then the action may commence |
within 10 years after the occurrence of the alleged violation . |
A continuing violation shall be deemed to have occurred on the |
date when the circumstances last existed that give rise to the |
alleged violation.
|
(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/25-14) |
(Section scheduled to be repealed on January 1, 2021)
|
Sec. 25-14. Mandatory reports. |
(a) If a cemetery authority receives a consumer complaint |
that is not resolved to the satisfaction of the consumer within |
60 days of the complaint, the cemetery authority shall advise |
the consumer of the right to seek investigation by the |
|
Department and may direct the consumer to the sign posted in |
its office as required by Section 20-30 of this Act. shall |
report the consumer complaint to the Department within the next |
30 days. Cemetery authorities shall report to the Department |
within 30 days after the settlement of any liability insurance |
claim or cause of action, or final judgment in any cause of |
action , that alleges negligence, fraud, theft, |
misrepresentation, misappropriation, or breach of contract. |
(b) The State's Attorney of each county shall report to the |
Department all instances in which an individual licensed as a |
cemetery manager or customer service employee, or any |
individual listed on a licensed cemetery authority's |
application under this Act, is convicted or otherwise found |
guilty of the commission of any felony. The report shall be |
submitted to the Department within 60 days after conviction or |
finding of guilty.
|
(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/25-14.5 new) |
Sec. 25-14.5. Comptroller report. The Comptroller shall |
annually provide a report to the Department with the total |
amount of trust funds reported by a cemetery authority licensed |
under the Cemetery Care Act, the Illinois Pre-Need Cemetery |
Sales Act, or the Illinois Funeral or Burial Funds Act and |
provide other information about a cemetery authority upon the |
request of the Department. Additionally, the Comptroller shall |
|
report to the Department any adverse action taken against a |
cemetery authority under the Cemetery Care Act, the Illinois |
Pre-Need Cemetery Sales Act, or the Illinois Funeral or Burial |
Funds Act. |
(225 ILCS 411/25-25) |
(Section scheduled to be repealed on January 1, 2021)
|
Sec. 25-25. Investigations, notice, hearings. |
(a) The Department may at any time investigate the actions |
of any applicant or of any person or persons rendering or |
offering to render services as a cemetery authority, cemetery |
manager, or customer service employee of or any person holding |
or claiming to hold a license as a licensed cemetery authority, |
cemetery manager, or customer service employee. If it appears |
to the Department that a person has engaged in, is engaging in, |
or is about to engage in any practice declared to be unlawful |
by this Act, then the Department may: (1) require that person |
to file on such terms as the Department prescribes a statement |
or report in writing, under oath or otherwise, containing all |
information the Department may consider necessary to ascertain |
whether a licensee is in compliance with this Act, or whether |
an unlicensed person is engaging in activities for which a |
license is required; (2) examine under oath any individual in |
connection with the books and records pertaining to or having |
an impact upon the operation of a cemetery or trust funds |
required to be maintained pursuant to this Act ; (3) examine any |
|
books and records of the licensee , trustee, or investment |
advisor that the Department may consider necessary to ascertain |
compliance with this Act; and (4) require the production of a |
copy of any record, book, document, account, or paper that is |
produced in accordance with this Act and retain it in his or |
her possession until the completion of all proceedings in |
connection with which it is produced. |
(b) The Secretary may, after 10 days notice by certified |
mail with return receipt requested to the licensee at the |
address of record or to the last known address of any other |
person stating the contemplated action and in general the |
grounds therefor, fine such licensee an amount not exceeding |
$10,000 per violation or revoke, suspend, refuse to renew, |
place on probation, or reprimand any license issued under this |
Act if he or she finds that:
|
(1) the licensee has failed to comply with any |
provision of this Act or any order, decision, finding, |
rule, regulation, or direction of the Secretary lawfully |
made pursuant to the authority of this Act; or
|
(2) any fact or condition exists which, if it had |
existed at the time of the original application for the |
license, clearly would have warranted the Secretary in |
refusing to issue the license.
|
(c) The Secretary may fine, revoke, suspend, refuse to |
renew, place on probation, reprimand, or take any other |
disciplinary action as to the particular license with respect |
|
to which grounds for the fine, revocation, suspension, refuse |
to renew, probation, or reprimand, or other disciplinary action |
occur or exist, but if the Secretary finds that grounds for |
revocation are of general application to all offices or to more |
than one office of the licensee, the Secretary shall fine, |
revoke, suspend, refuse to renew, place on probation, |
reprimand, or otherwise discipline every license to which such |
grounds apply. |
(d) In every case in which a license is revoked, suspended, |
placed on probation, reprimanded, or otherwise disciplined, |
the Secretary shall serve the licensee with notice of his or |
her action, including a statement of the reasons for his or her |
actions, either personally or by certified mail, return receipt |
requested. Service by certified mail shall be deemed completed |
when the notice is deposited in the United States mail and sent |
to the address of record. |
(e) An order assessing a fine, an order revoking, |
suspending, placing on probation, or reprimanding a license or, |
an order denying renewal of a license shall take effect upon |
service of the order unless the licensee requests, in writing, |
within 20 days after the date of service, a hearing. In the |
event a hearing is requested, an order issued under this |
Section shall be stayed until a final administrative order is |
entered. |
(f) If the licensee requests a hearing, then the Secretary |
shall schedule a hearing within 30 days after the request for a |
|
hearing unless otherwise agreed to by the parties. The |
Secretary shall have the authority to appoint an attorney duly |
licensed to practice law in the State of Illinois to serve as |
the hearing officer in any disciplinary action with regard to a |
license. The hearing officer shall have full authority to |
conduct the hearing. |
(g) The hearing shall be held at the time and place |
designated by the Secretary. |
(h) The Secretary shall have the authority to prescribe |
rules for the administration of this Section. |
(i) Fines imposed and any costs assessed shall be paid |
within 60 days.
|
(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/25-70) |
(Section scheduled to be repealed on January 1, 2021)
|
Sec. 25-70. Receivership. In the event a cemetery |
authority license is suspended or revoked or where an |
unlicensed person has conducted activities requiring cemetery |
authority licensure under this Act, the Department, through the |
Attorney General, may petition the circuit courts of this State |
for appointment of a receiver to administer the care funds of |
such licensee or unlicensed person or to operate the cemetery. |
(a) The court shall appoint a receiver if the court
|
determines that a receivership is necessary or advisable: |
(1) to ensure the orderly and proper conduct of a |
|
licensee's professional business and affairs during or in |
the aftermath of the administrative proceeding to revoke or |
suspend the cemetery authority's license; |
(2) for the protection of the public's interest and |
rights in the business, premises, or activities of the |
person sought to be placed in receivership; |
(3) upon a showing of actual or constructive |
abandonment of premises or business licensed or which was |
not but should have been licensed under this Act; |
(4) upon a showing of serious and repeated violations |
of this Act demonstrating an inability or unwillingness of |
a licensee to comply with the requirements of this Act; |
(5) to prevent loss, wasting, dissipation, theft, or |
conversion of assets that should be marshaled and held |
available for the honoring of obligations under this Act; |
or |
(6) upon proof of other grounds that the court deems |
good and sufficient for instituting receivership action |
concerning the respondent sought to be placed in |
receivership.
|
(b) A receivership under this Section may be temporary, or |
for the winding up and dissolution of the business, as the |
Department may request and the court determines to be necessary |
or advisable in the circumstances. Venue of receivership |
proceedings may be, at the Department's election, in Cook |
County or the county where the subject of the receivership is |
|
located. The appointed receiver shall be the Department or such |
person as the Department may nominate and the court shall |
approve. |
(c) The Department may adopt rules for the implementation |
of this Section.
|
(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/25-75) |
(Section scheduled to be repealed on January 1, 2021)
|
Sec. 25-75. Cemetery Relief Fund. |
(a) A special income-earning fund is hereby created in the |
State treasury, known as the Cemetery Relief Fund. |
(b) Beginning on July 1, 2011, and occurring on an annual |
basis every year thereafter, three percent of the moneys in the |
Cemetery Oversight Licensing and Disciplinary Fund shall be |
deposited into the Cemetery Relief Fund. |
(c) All monies deposited into the fund together with all |
accumulated undistributed income thereon shall be held as a |
special fund in the State treasury. The fund shall be used |
solely for the purpose of providing grants to units of local |
government and not-for-profit organizations, including, but |
not limited to, not-for-profit cemetery authorities, to clean |
up cemeteries that have been abandoned, neglected, or are |
otherwise in need of additional care. |
(d) The grant program shall be administered by the |
Department.
|
|
(e) In the event there is a structural surplus in the |
Cemetery Oversight Licensing and Disciplinary Fund, the |
Department may expend moneys out of the Cemetery Oversight |
Licensing and Disciplinary Fund for the purposes described in |
subsection (c) of this Section. |
(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/25-105) |
(Section scheduled to be repealed on January 1, 2021)
|
Sec. 25-105. Violations. Each of the following acts is a |
Class A misdemeanor for the first offense and a Class 4 felony |
for each subsequent offense: |
(1) the practice of or attempted practice of or holding |
out as available to practice as a cemetery authority, |
cemetery manager, or customer service employee without a |
license; or |
(2) the obtaining of or the attempt to obtain any |
license or authorization under this Act by fraud or |
misrepresentation. Any person who is found to have violated |
any provision of this Act or any applicant for licensure |
who files with the Department the fingerprints of an |
individual other than himself or herself is guilty of a |
Class A misdemeanor. Upon conviction of a second or |
subsequent offense the violator shall be guilty of a Class |
4 felony. However, whoever intentionally fails to deposit |
the required amounts into a trust provided for in this Act |
|
or intentionally and improperly withdraws or uses trust |
funds for his or her own benefit shall be guilty of a Class |
4 felony and each day such provisions are violated shall |
constitute a separate offense.
|
(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/25-110) |
(Section scheduled to be repealed on January 1, 2021)
|
Sec. 25-110. Civil action and civil penalties. In addition |
to the other penalties and remedies provided in this Act, the |
Department may bring a civil action in the county in which the |
cemetery is located against a licensee or any other person to |
enjoin any violation or threatened violation of this Act. In |
addition to any other penalty provided by law, any person who |
violates this Act shall forfeit and pay a civil penalty to the |
Department in an amount not to exceed $8,000 $10,000 for each |
violation as determined by the Department. The civil penalty |
shall be assessed by the Department in accordance with the |
provisions of this Act. Any civil penalty shall be paid within |
60 days after the effective date of the order imposing the |
civil penalty. The order shall constitute a judgment and may be |
filed and execution had thereon in the same manner as any |
judgment from any court of record. All moneys collected under |
this Section shall be deposited into the Cemetery Oversight |
Licensing and Disciplinary Fund.
|
(Source: P.A. 96-863, eff. 3-1-10.) |
|
(225 ILCS 411/25-120) |
(Section scheduled to be repealed on January 1, 2021)
|
Sec. 25-120. Whistleblower protection. |
(a) "Retaliatory action" means the reprimand, discharge, |
suspension, demotion, denial of promotion or transfer, or |
change in the terms and conditions of employment of any |
cemetery manager, licensed customer service employee, or |
employee cemetery worker that is taken in retaliation for a |
cemetery manager's, customer service employee's, or employee's |
cemetery worker's involvement in protected activity, as set |
forth in this Section. |
(b) A cemetery authority shall not take any retaliatory |
action against a cemetery manager, customer service employee, |
or employee cemetery worker because the cemetery manager, |
customer service employee, or employee cemetery worker does any |
of the following: |
(1) Discloses or threatens to disclose to a supervisor |
or to a public body an activity, policy, or practice of a |
cemetery manager, customer service employee, or the |
cemetery authority that the cemetery manager, customer |
service employee, or employee cemetery worker reasonably |
believes is in violation of a law, rule, or regulation. |
(2) Provides information to or testifies before any |
public body conducting an investigation, hearing, or |
inquiry into any violation of a law, rule, or regulation by |
|
a cemetery manager or cemetery authority. |
(3) Assists or participates in a proceeding to enforce |
the provisions of this Act. |
(c) A violation of this Section may be established only |
upon a finding that (i) the cemetery manager, customer service |
employee, or employee cemetery worker engaged in conduct |
described in subsection (b) of this Section and (ii) that this |
conduct was a contributing factor in the retaliatory action |
alleged by the cemetery manager, customer service employee, or |
employee cemetery worker . It is not a violation, however, if it |
is demonstrated by clear and convincing evidence that the |
cemetery manager or cemetery authority would have taken the |
same unfavorable personnel action in the absence of that |
conduct. |
(d) The cemetery manager, customer service employee, or |
employee cemetery worker may be awarded all remedies necessary |
to make the cemetery manager, customer service employee, or |
employee cemetery worker whole and to prevent future violations |
of this Section. Remedies imposed by the court may include, but |
are not limited to, all of the following: |
(1) reinstatement of the individual to either the same |
position held before the retaliatory action or to an |
equivalent position; |
(2) two times the amount of back pay; |
(3) interest on the back pay; |
(4) the reinstatement of full fringe benefits and |
|
seniority rights; and |
(5) the payment of reasonable costs and attorneys' |
fees. |
(e) Nothing in this Section shall be deemed to diminish the |
rights, privileges, or remedies of a cemetery manager, customer |
service employee, or employee cemetery worker under any other |
federal or State law, rule, or regulation or under any |
employment contract.
|
(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/25-125) |
(Section scheduled to be repealed on January 1, 2021)
|
Sec. 25-125. Cemetery Oversight Board. The Cemetery |
Oversight Board is created and shall consist of the Secretary, |
who shall serve as its chairperson, and 8 members appointed by |
the Secretary. Appointments shall be made within 90 days after |
the effective date of this Act. Three members shall represent |
the segment of the cemetery industry that does not maintain a |
partial exemption or full exemption, one member shall represent |
the segment of the cemetery industry that maintains a partial |
exemption as a public cemetery, one member shall represent the |
segment of the cemetery industry that maintains a partial |
exemption as a religious cemetery, 2 members shall be consumers |
as defined in this Act, and one member shall represent the |
general public. No member shall be a licensed professional from |
a non-cemetery segment of the death care industry. Board |
|
members shall serve 5-year terms and until their successors are |
appointed and qualified. The membership of the Board should |
reasonably reflect representation from the geographic areas in |
this State. No member shall be reappointed to the Board for a |
term that would cause his or her continuous service on the |
Board to be longer than 10 successive years. Appointments to |
fill vacancies shall be made in the same manner as original |
appointments, for the unexpired portion of the vacated term. |
Five members of the Board shall constitute a quorum. A quorum |
is required for Board decisions. The Secretary may remove any |
member of the Board for misconduct, incompetence, neglect of |
duty, or for reasons prescribed by law for removal of State |
officials. The Secretary may remove a member of the Board who |
does not attend 2 consecutive meetings. The Department may, at |
any time, seek the expert advice and knowledge of the Board on |
any matter relating to the administration or enforcement of |
this Act. The Secretary shall consider the recommendations of |
the Board in the development of proposed rules under this Act |
and in the approval of entities seeking to offer certification |
programs to cemetery manager applicants and customer service |
employee applicants and for establishing guidelines and |
examinations as may be required under this Act . Notice of any |
proposed rulemaking under this Act and applications submitted |
by entities seeking to offer certification programs shall be |
transmitted to the Board and the Department shall review the |
response of the Board and any recommendations made therein.
|
|
(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/75-50) |
(Section scheduled to be repealed on January 1, 2021)
|
Sec. 75-50. Burial permits. Notwithstanding any law to the |
contrary, a cemetery authority shall ensure that every burial |
permit shall contain applicable to that cemetery authority |
contains the decedent's parcel identification number or other |
information as provided by rule regarding the location of the |
interment, entombment, or inurnment of the deceased that would |
enable the Department to determine the precise location of the |
decedent.
|
(Source: P.A. 96-863, eff. 3-1-10.) |
(225 ILCS 411/75-55) |
(Section scheduled to be repealed on January 1, 2021)
|
Sec. 75-55. Transition.
|
(a) (Blank). Within 60 days after the effective date of |
this Act, the Comptroller shall provide the Department copies |
of records in the Comptroller's possession pertaining to the |
Cemetery Care Act and the Crematory Regulation Act that are |
necessary for the Department's immediate responsibilities |
under this Act. All other records pertaining to the Cemetery |
Care Act with the exception of records pertaining to care |
funds. |
(b) (Blank). |
|
(c) All cemeteries not maintaining a full exemption or |
partial exemption shall pay a one-time fee to the Department, |
due no later than December 15, 2010, equal to $20 plus an |
additional charge of $1 for each burial performed within the |
cemetery during calendar year 2009. To support the costs that |
may be associated with implementing and maintaining a licensure |
and regulatory process for the licensure and regulation of |
cemetery authorities, cemetery managers, customer service |
employees, and cemetery workers, all cemetery authorities not |
maintaining a full exemption or partial exemption shall pay a |
one-time fee of $20 to the Department plus an additional charge |
of $1 per burial unit per year within the cemetery. The |
Department may establish forms for the collection of the fee |
established under this subsection and shall deposit such fee |
into the Cemetery Oversight Licensing and Disciplinary Fund. |
The Department may begin to collect the aforementioned fee |
after the effective date of this Act. In addition, the |
Department may establish rules for the collection process, |
which may include, but shall not be limited to, dates, forms, |
enforcement, or other procedures necessary for the effective |
collection, deposit, and
overall process regarding this |
Section. |
(d) All fees collected under this Section prior to the |
effective date of this amendatory Act of the 97th General |
Assembly shall not be refunded. Any cemetery authority that |
fails to pay to the Department the required fee or submits the |
|
incorrect amount shall be subject to the penalties provided for |
in Section 25-110 of this Act. |
(e) (Blank). Except as otherwise specifically provided, |
all fees, fines, penalties, or other moneys received or |
collected pursuant to this Act shall be deposited in the |
Cemetery Oversight Licensing and Disciplinary Fund. |
(f) (Blank). |
(g) (Blank).
|
(Source: P.A. 96-863, eff. 3-1-10; 97-593, eff. 8-26-11.) |
(225 ILCS 411/10-10 rep.) |
(225 ILCS 411/10-22 rep.) |
(225 ILCS 411/Art. 15 rep.) |
(225 ILCS 411/20-11 rep.) |
(225 ILCS 411/20-25 rep.) |
(225 ILCS 411/Art. 22 rep.) |
(225 ILCS 411/25-13 rep.) |
(225 ILCS 411/90-90 rep.) |
(225 ILCS 411/90-95 rep.) |
Section 27. The Cemetery Oversight Act is amended by |
repealing Sections 10-10, 10-22, 20-11, 20-25, 25-13, 90-90, |
and 90-95 and Articles 15 and 22. |
Section 30. The Crematory Regulation Act is amended by |
changing Sections 5, 7, 10, 11, 11.5, 13, 14, 20, 22, 25, 40, |
55, 60, 62, 62.5, 62.10, 62.15, 62.20, 65, 80, 85, 87, 88, 89, |
|
90, 91, 92, and 94 as follows:
|
(410 ILCS 18/5)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 5. Definitions. As used in this Act:
|
"Address of record" means the designated address recorded |
by the Comptroller in the applicant's or licensee's application |
file or license file. It is the duty of the applicant or |
licensee to inform the Comptroller of any change of address |
within 14 days, and such changes must be made either through |
the Comptroller's website or by contacting the Comptroller. The |
address of record shall be the permanent street address of the |
crematory. |
"Alternative container" means a receptacle, other than a |
casket, in
which human remains are transported to the crematory |
and placed in the
cremation chamber for cremation. An |
alternative container shall be
(i) composed of readily |
combustible or consumable materials suitable for cremation, |
(ii) able
to be closed in order to provide a complete covering |
for the human remains,
(iii) resistant to leakage or spillage, |
(iv) rigid enough for handling with
ease, and (v) able to |
provide protection for the health, safety, and personal
|
integrity of crematory personnel.
|
"Authorizing agent" means a person legally entitled to |
order the cremation and final
disposition of specific human |
|
remains.
|
"Body parts" means limbs or other portions of the anatomy |
that are
removed from a person or human remains for medical |
purposes during treatment,
surgery, biopsy, autopsy, or |
medical research; or human bodies or any portion
of bodies that |
have been donated to science for medical research purposes.
|
"Burial transit permit" means a permit for disposition of a |
dead human
body as required by Illinois law.
|
"Casket" means a rigid container that is designed for the |
encasement of human
remains, is usually constructed of wood, |
metal, or like material and ornamented
and lined with fabric, |
and may or may not be combustible.
|
"Change of ownership" means a transfer of more than 50% of |
the stock or
assets of a crematory authority.
|
"Comptroller" means the Comptroller of the State of |
Illinois.
|
"Cremated remains" means all human remains recovered after |
the completion
of the cremation, which may possibly include the |
residue of any foreign matter
including casket material, |
bridgework, or eyeglasses, that was cremated with
the human |
remains.
|
"Cremation" means the technical process, using heat and |
flame, or alkaline hydrolysis that
reduces human remains to |
bone fragments. The reduction takes place through
heat and |
evaporation or through hydrolysis . Cremation shall include the |
processing, and may include
the pulverization, of the bone |
|
fragments.
|
"Cremation chamber" means the enclosed space within which |
the cremation
takes place.
|
"Cremation interment container" means a rigid outer |
container that,
subject to a cemetery's rules and regulations, |
is composed of concrete, steel,
fiberglass, or some similar |
material in which an urn is placed prior to being
interred in |
the ground, and which is designed to withstand prolonged |
exposure
to the elements and to support the earth above the |
urn.
|
"Cremation room" means the room in which the cremation |
chamber is located.
|
"Crematory" means the building or portion of a building |
that houses the
cremation room and the holding facility.
|
"Crematory authority" means the legal entity which is |
licensed by
the Comptroller to
operate a crematory and to |
perform cremations.
|
"Department" means the Illinois Department of Public |
Health.
|
"Final disposition" means the burial, cremation, or other |
disposition of
a dead human body or parts of a dead human body.
|
"Funeral director" means a person known by the title of |
"funeral
director", "funeral director and embalmer", or other |
similar words or
titles, licensed by the State to practice |
funeral directing or funeral
directing and embalming.
|
"Funeral establishment" means a building or separate |
|
portion of a building
having a specific street address and |
location and devoted to activities
relating to the shelter, |
care, custody, and preparation of a deceased human
body and may |
contain facilities for funeral or wake services.
|
"Holding facility" means an area that (i) is designated for |
the retention of
human remains prior to cremation, (ii) |
complies with all applicable public
health law, (iii) preserves |
the health and safety of the crematory authority
personnel, and |
(iv) is secure from access by anyone other than authorized
|
persons. A holding facility may be located in a cremation room.
|
"Human remains" means the body of a deceased person, |
including
any form of body prosthesis that has been permanently |
attached or
implanted in the body.
|
"Licensee" means an entity licensed under this Act. An |
entity that holds itself as a licensee or that is accused of |
unlicensed practice is considered a licensee for purposes of |
enforcement, investigation, hearings, and the Illinois |
Administrative Procedure Act. |
"Niche" means a compartment or cubicle for the |
memorialization and permanent
placement of an urn containing |
cremated remains.
|
"Person" means any person, partnership, association, |
corporation, limited liability company, or other entity, and in |
the case of any such business organization, its officers, |
partners, members, or shareholders possessing 25% or more of |
ownership of the entity. |
|
"Processing" means the reduction of identifiable bone |
fragments after the
completion of the cremation process to |
unidentifiable bone fragments by manual
or mechanical means.
|
"Pulverization" means the reduction of identifiable bone |
fragments after the
completion of the cremation process to |
granulated particles by manual or
mechanical means.
|
"Scattering area" means an area which may be designated by |
a cemetery and
located on dedicated cemetery property where |
cremated remains, which have been
removed
from their container, |
can be mixed with, or placed on top of, the soil or
ground |
cover.
|
"Temporary container" means a receptacle for cremated
|
remains, usually composed of cardboard, plastic or similar |
material, that
can be closed in a manner that prevents the |
leakage or spillage of the
cremated remains or the entrance of |
foreign material, and is a single
container of sufficient size |
to hold the cremated remains until an urn is
acquired or the |
cremated remains are scattered.
|
"Urn" means a receptacle
designed to encase the cremated |
remains.
|
(Source: P.A. 92-675, eff. 7-1-03.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 5. Definitions. As used in this Act:
|
"Address of record" means the designated address recorded |
|
by the Comptroller Department in the applicant's or licensee's |
application file or license file. It is the duty of the |
applicant or licensee to inform the Comptroller Department of |
any change of address within 14 days, and such changes must be |
made either through the Comptroller's Department's website or |
by contacting the Comptroller Department's licensure |
maintenance unit . The address of record shall be the permanent |
street address of the crematory. |
"Alternative container" means a receptacle, other than a |
casket, in
which human remains are transported to the crematory |
and placed in the
cremation chamber for cremation. An |
alternative container shall be
(i) composed of readily |
combustible or consumable materials suitable for cremation, |
(ii) able
to be closed in order to provide a complete covering |
for the human remains,
(iii) resistant to leakage or spillage, |
(iv) rigid enough for handling with
ease, and (v) able to |
provide protection for the health, safety, and personal
|
integrity of crematory personnel.
|
"Authorizing agent" means a person legally entitled to |
order the cremation and final
disposition of specific human |
remains.
|
"Body parts" means limbs or other portions of the anatomy |
that are
removed from a person or human remains for medical |
purposes during treatment,
surgery, biopsy, autopsy, or |
medical research; or human bodies or any portion
of bodies that |
have been donated to science for medical research purposes.
|
|
"Burial transit permit" means a permit for disposition of a |
dead human
body as required by Illinois law.
|
"Casket" means a rigid container that is designed for the |
encasement of human
remains, is usually constructed of wood, |
metal, or like material and ornamented
and lined with fabric, |
and may or may not be combustible.
|
"Comptroller" means the Comptroller of the State of |
Illinois.
|
"Cremated remains" means all human remains recovered after |
the completion
of the cremation, which may possibly include the |
residue of any foreign matter
including casket material, |
bridgework, or eyeglasses, that was cremated with
the human |
remains.
|
"Cremation" means the technical process, using heat and |
flame, or alkaline hydrolysis that
reduces human remains to |
bone fragments. The reduction takes place through
heat and |
evaporation or through hydrolysis . Cremation shall include the |
processing, and may include
the pulverization, of the bone |
fragments.
|
"Cremation chamber" means the enclosed space within which |
the cremation
takes place.
|
"Cremation interment container" means a rigid outer |
container that,
subject to a cemetery's rules and regulations, |
is composed of concrete, steel,
fiberglass, or some similar |
material in which an urn is placed prior to being
interred in |
the ground, and which is designed to withstand prolonged |
|
exposure
to the elements and to support the earth above the |
urn.
|
"Cremation room" means the room in which the cremation |
chamber is located.
|
"Crematory" means the building or portion of a building |
that houses the
cremation room and the holding facility.
|
"Crematory authority" means the legal entity which is |
licensed by
the Comptroller Department to
operate a crematory |
and to perform cremations.
|
"Department" means the Illinois Department of Financial |
and Professional Regulation.
|
"Final disposition" means the burial, cremation, or other |
disposition of
a dead human body or parts of a dead human body.
|
"Funeral director" means a person known by the title of |
"funeral
director", "funeral director and embalmer", or other |
similar words or
titles, licensed by the State to practice |
funeral directing or funeral
directing and embalming.
|
"Funeral establishment" means a building or separate |
portion of a building
having a specific street address and |
location and devoted to activities
relating to the shelter, |
care, custody, and preparation of a deceased human
body and may |
contain facilities for funeral or wake services.
|
"Holding facility" means an area that (i) is designated for |
the retention of
human remains prior to cremation, (ii) |
complies with all applicable public
health law, (iii) preserves |
the health and safety of the crematory authority
personnel, and |
|
(iv) is secure from access by anyone other than authorized
|
persons. A holding facility may be located in a cremation room.
|
"Human remains" means the body of a deceased person, |
including
any form of body prosthesis that has been permanently |
attached or
implanted in the body.
|
"Licensee" means an entity licensed under this Act. An |
entity that holds itself as a licensee or that is accused of |
unlicensed practice is considered a licensee for purposes of |
enforcement, investigation, hearings, and the Illinois |
Administrative Procedure Act. |
"Niche" means a compartment or cubicle for the |
memorialization and permanent
placement of an urn containing |
cremated remains.
|
"Person" means any person, partnership, association, |
corporation, limited liability company, or other entity, and in |
the case of any such business organization, its officers, |
partners, members, or shareholders possessing 25% or more of |
ownership of the entity. |
"Processing" means the reduction of identifiable bone |
fragments after the
completion of the cremation process to |
unidentifiable bone fragments by manual
or mechanical means.
|
"Pulverization" means the reduction of identifiable bone |
fragments after the
completion of the cremation process to |
granulated particles by manual or
mechanical means.
|
"Scattering area" means an area which may be designated by |
a cemetery and
located on dedicated cemetery property where |
|
cremated remains, which have been
removed
from their container, |
can be mixed with, or placed on top of, the soil or
ground |
cover.
|
"Secretary" means the Secretary of Financial and |
Professional Regulation. |
"Temporary container" means a receptacle for cremated
|
remains, usually composed of cardboard, plastic or similar |
material, that
can be closed in a manner that prevents the |
leakage or spillage of the
cremated remains or the entrance of |
foreign material, and is a single
container of sufficient size |
to hold the cremated remains until an urn is
acquired or the |
cremated remains are scattered.
|
"Urn" means a receptacle
designed to encase the cremated |
remains.
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/7) |
(This Section may contain text from a Public Act with a |
delayed effective date ) |
(Section scheduled to be repealed on January 1, 2021) |
Sec. 7. Powers and duties of the Comptroller Department . |
Subject to the provisions of this Act, the Comptroller |
Department may exercise any of the following powers and duties: |
(1) Authorize standards to ascertain the |
qualifications and fitness of applicants for licensing as |
licensed crematory authorities and pass upon the |
|
qualifications of applicants for licensure. |
(2) Examine and audit a licensed crematory authority's |
records, crematory, or any other aspects of crematory |
operation as the Comptroller Department deems appropriate. |
(3) Investigate any and all unlicensed activity. |
(4) Conduct hearings on proceedings to refuse to issue |
licenses or to revoke, suspend, place on probation, |
reprimand, or otherwise discipline licensees and to refuse |
to issue licenses or to revoke, suspend, place on |
probation, reprimand, or otherwise discipline licensees. |
(5) Formulate rules required for the administration of |
this Act. |
(6) Maintain rosters of the names and addresses of all |
licensees, and all entities whose licenses have been |
suspended, revoked, or otherwise disciplined. These |
rosters shall be available upon written request and payment |
of the required fee as established by rule .
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/10)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 10.
Establishment of crematory and licensing of
|
crematory authority.
|
(a) Any person doing business in this State, or any |
cemetery,
funeral establishment, corporation, partnership, |
|
joint venture, voluntary
organization or any other entity, may |
erect, maintain, and operate a
crematory in this State and |
provide the necessary appliances and
facilities for the |
cremation of human remains in accordance with this Act.
|
(b) A crematory shall be subject to all local, State, and |
federal health and
environmental protection requirements and |
shall obtain all necessary licenses
and permits from the |
Department of Public Health , the federal Department of Health |
and Human
Services, and the Illinois and federal Environmental |
Protection Agencies, or
such other appropriate local, State, or |
federal agencies.
|
(c) A crematory may be constructed on or adjacent to any |
cemetery, on or
adjacent to any funeral establishment, or at |
any other location consistent with
local zoning regulations.
|
(d) An application for licensure as a crematory
authority |
shall be in
writing on forms furnished by the Comptroller. |
Applications shall be
accompanied by a fee of $50 and shall |
contain all of the following:
|
(1) The full name and address, both residence and |
business, of the
applicant if the applicant is an |
individual; the full name and address of
every member if |
the applicant is a partnership; the full name and address |
of
every member of the board of directors if the applicant |
is an association; and
the name and address of every |
officer, director, and shareholder holding more
than 25% of |
the corporate stock if the applicant is a corporation.
|
|
(2) The address and location of the crematory.
|
(3) A description of the type of structure and |
equipment to be used in
the operation of the crematory, |
including the operating permit number issued
to the |
cremation device by the Illinois Environmental Protection |
Agency.
|
(3.5) (Blank). Attestation by the owner that cremation |
services shall
be by a person trained in accordance with |
the requirements of Section 22 of
this Act.
|
(3.10) (Blank). A copy of the certification or |
certifications issued by the
certification program to the |
person or persons who will operate the cremation
device.
|
(4) Any further information that the Comptroller |
reasonably may require.
|
(e) Each crematory authority shall file an annual report |
with the
Comptroller, accompanied with a $25 fee, providing
(i) |
an affidavit signed by the owner of the crematory authority |
that at the
time
of the report the cremation device was in |
proper operating condition,
(ii) the total number of all |
cremations performed at the crematory
during the past
year, |
(iii) attestation by the licensee that all applicable permits |
and
certifications are
valid, and (iv) either (A)
any changes |
required in the
information provided under subsection (d) or |
(B) an indication that no changes have
occurred , and (v) any |
other information that the Comptroller may require . The annual |
report shall be filed by a crematory authority on or
before |
|
March 15 of each calendar year , in the Office of the |
Comptroller. If the
fiscal year of a crematory authority is |
other than on a calendar year
basis, then the crematory |
authority shall file the report required by
this Section within |
75 days after the end of its fiscal year. The
Comptroller |
shall, for good cause shown, grant an extension for the filing |
of
the annual report upon the written request of the crematory |
authority. An
extension shall not exceed 60 days . If the fiscal |
year of a crematory authority is other than on a calendar year |
basis, then the crematory authority shall file the report |
required by this Section within 75 days after the end of its |
fiscal year. If a crematory authority fails to
submit an annual |
report to the Comptroller within the time specified in
this |
Section, the Comptroller shall impose upon the crematory |
authority a
penalty of $5 for each and every day the crematory |
authority remains
delinquent in submitting the annual report. |
The Comptroller may abate all or
part of the $5 daily penalty |
for good cause shown.
|
(f) All records required to be maintained under this Act, |
including but
not limited to those relating to the license and |
annual
report of the
crematory authority required to be filed |
under this Section, shall be
subject to inspection by the |
Comptroller upon reasonable notice.
|
(g) The Comptroller may inspect crematory records at the |
crematory
authority's place of business to review
the
|
licensee's compliance with this Act. The inspection must |
|
include
verification that:
|
(1) the crematory authority has complied with |
record-keeping requirements
of this
Act;
|
(2) a crematory device operator's certification of |
training is
conspicuously
displayed at
the crematory;
|
(3) the cremation device has a current operating permit |
issued by the
Illinois
Environmental Protection Agency and |
the permit is conspicuously displayed
in the crematory;
|
(4) the crematory authority is in compliance with local |
zoning
requirements; and
|
(5) the crematory authority license issued by the |
Comptroller is
conspicuously
displayed
at
the crematory.
|
(h) The Comptroller shall issue licenses under this Act to |
the crematories
that are
registered
with
the Comptroller as of |
March 1, 2012 July 1, 2003 without requiring the previously |
registered
crematories
to complete license applications.
|
(Source: P.A. 92-419, eff. 1-1-02; 92-675, eff. 7-1-03.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 10.
Establishment of crematory and licensing of
|
crematory authority.
|
(a) Any person doing business in this State, or any |
cemetery,
funeral establishment, corporation, partnership, |
joint venture, voluntary
organization or any other entity, may |
erect, maintain, and operate a
crematory in this State and |
|
provide the necessary appliances and
facilities for the |
cremation of human remains in accordance with this Act.
|
(b) A crematory shall be subject to all local, State, and |
federal health and
environmental protection requirements and |
shall obtain all necessary licenses
and permits from the |
Department of Financial and Professional Regulation, the |
Department of Public Health, the federal Department of Health |
and Human
Services, and the Illinois and federal Environmental |
Protection Agencies, or
such other appropriate local, State, or |
federal agencies.
|
(c) A crematory may be constructed on or adjacent to any |
cemetery, on or
adjacent to any funeral establishment, or at |
any other location consistent with
local zoning regulations.
|
(d) An application for licensure as a crematory
authority |
shall be in
writing on forms furnished by the Comptroller |
Department . Applications shall be
accompanied by a reasonable |
fee of $50 determined by rule and shall contain all of the |
following:
|
(1) The full name and address, both residence and |
business, of the
applicant if the applicant is an |
individual; the full name and address of
every member if |
the applicant is a partnership; the full name and address |
of
every member of the board of directors if the applicant |
is an association; and
the name and address of every |
officer, director, and shareholder holding more
than 25% of |
the corporate stock if the applicant is a corporation.
|
|
(2) The address and location of the crematory.
|
(3) A description of the type of structure and |
equipment to be used in
the operation of the crematory, |
including the operating permit number issued
to the |
cremation device by the Illinois Environmental Protection |
Agency.
|
(4) Any further information that the Comptroller |
Department reasonably may require as established by rule .
|
(e) Each crematory authority shall file an annual report |
with the Comptroller
Department , accompanied with a $25 |
reasonable fee determined by rule , providing
(i) an affidavit |
signed by the owner of the crematory authority that at the
time
|
of the report the cremation device was in proper operating |
condition,
(ii) the total number of all cremations performed at |
the crematory
during the past
year, (iii) attestation by the |
licensee that all applicable permits and
certifications are
|
valid, (iv) either (A)
any changes required in the
information |
provided under subsection (d) or (B) an indication that no |
changes have
occurred, and (v) any other information that the |
Department may require as established by rule . The annual |
report shall be filed by a crematory authority on or
before |
March 15 of each calendar year. If the fiscal year of a |
crematory authority is other than on a calendar year basis, |
then the crematory authority shall file the report required by |
this Section within 75 days after the end of its fiscal year. |
If a crematory authority fails to
submit an annual report to |
|
the Comptroller Department within the time specified in
this |
Section, the Comptroller Department shall impose upon the |
crematory authority a
penalty of $5 as provided for by rule for |
each and every day the crematory authority remains
delinquent |
in submitting the annual report. The Comptroller Department may |
abate all or
part of the $5 daily penalty for good cause shown.
|
(f) All records required to be maintained under this Act, |
including but
not limited to those relating to the license and |
annual
report of the
crematory authority required to be filed |
under this Section, shall be
subject to inspection by the |
Comptroller upon reasonable notice.
|
(g) The Comptroller Department may inspect crematory |
records at the crematory
authority's place of business to |
review
the
licensee's compliance with this Act. The inspection |
must include
verification that:
|
(1) the crematory authority has complied with |
record-keeping requirements
of this
Act;
|
(2) a crematory device operator's certification of |
training is
conspicuously
displayed at
the crematory;
|
(3) the cremation device has a current operating permit |
issued by the
Illinois
Environmental Protection Agency and |
the permit is conspicuously displayed
in the crematory;
|
(4) the crematory authority is in compliance with local |
zoning
requirements; and
|
(5) the crematory authority license issued by the |
Comptroller Department is
conspicuously
displayed
at
the |
|
crematory.
|
(6) other details as determined by rule. |
(h) The Comptroller Department shall issue licenses under |
this Act to the crematories
that are
registered
with
the |
Comptroller as of on March 1, 2012 without requiring the |
previously registered
crematories
to complete license |
applications.
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/11)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 11.
Grounds for denial or discipline refusal of |
license or suspension or revocation of
license .
|
(a) In this Section, "applicant" means a person who has |
applied for a
license
under
this Act , including those persons |
whose names are listed on a license application in Section 10 |
of this Act .
|
(b) The Comptroller may refuse to issue a license, place on |
probation, reprimand, or take other appropriate disciplinary |
action that the Comptroller may deem appropriate, including |
fines not to exceed $5,000 for each violation, with regard to |
any license under this Act, or may
suspend
or revoke a license |
issued under this Act, on any of the following grounds:
|
(1) The applicant or licensee has made any |
misrepresentation or false
statement or concealed any |
|
material fact in furnishing information to the Comptroller |
in connection with a license
application or licensure under |
this Act .
|
(2) The applicant or licensee has been engaged in |
business practices that
work a fraud.
|
(3) The applicant or licensee has refused to give |
information required
under this Act to be disclosed to the
|
Comptroller or failing, within 30 days, to provide |
information in response to a written request made by the |
Comptroller .
|
(4) Engaging in dishonorable, unethical, or |
unprofessional conduct of a character likely to deceive, |
defraud, or harm the public. The applicant or licensee has |
conducted or is about to conduct
cremation
business in a |
fraudulent manner.
|
(5) As to any individual listed in the license |
application as required
under Section 10, that individual |
has conducted or is about to conduct any
cremation business |
on behalf of the applicant in a fraudulent manner or has
|
been
convicted
of any felony or misdemeanor an essential |
element of which is fraud.
|
(6) The applicant or licensee has failed to make the |
annual report
required
by this Act or to comply with a |
final order, decision, or finding of the
Comptroller
made |
under this Act.
|
(7) The applicant or licensee, including any member, |
|
officer, or director
of
the applicant or licensee if the |
applicant or licensee is a firm, partnership,
association, |
or corporation and including any shareholder holding more |
than 25%
of the corporate stock of the applicant or |
licensee, has violated any provision
of
this Act or any |
regulation or order made by the Comptroller under this Act.
|
(8) The Comptroller finds any fact or condition |
existing that, if it had
existed at the time of the |
original application for a license under this Act,
would
|
have warranted the Comptroller in refusing the issuance of |
the license.
|
(9) Any violation of this Act or of the rules adopted |
under this Act. |
(10) Incompetence. |
(11) Gross malpractice. |
(12) Discipline by another state, District of
|
Columbia, territory, or foreign nation, if at least one of |
the grounds for the discipline is the same or substantially |
equivalent to those set forth in this Section. |
(13) Directly or indirectly giving to or receiving
from |
any person, firm, corporation, partnership, or association |
any fee, commission, rebate, or other form of compensation |
for professional services not actually or personally |
rendered. |
(14) A finding by the Comptroller that the licensee, |
after having its license placed on probationary status, has |
|
violated the terms of probation. |
(15) Willfully making or filing false records or
|
reports, including, but not limited to, false records filed |
with State agencies or departments. |
(16) Gross, willful, or continued overcharging for
|
professional services, including filing false statements |
for collection of fees for which services are not rendered. |
(17) Practicing under a false or, except as provided
by |
law, an assumed name. |
(18) Cheating on or attempting to subvert this Act's
|
licensing application process. |
(Source: P.A. 92-675, eff. 7-1-03.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 11.
Grounds for denial or discipline.
|
(a) In this Section, "applicant" means a person who has |
applied for a
license
under
this Act including those persons |
whose names are listed on a license application in Section 10 |
of this Act.
|
(b) The Comptroller Department may refuse to issue a |
license, place on probation, reprimand, or take other |
disciplinary action that the Comptroller Department may deem |
appropriate, including imposing fines not to exceed $5,000 |
$10,000 for each violation, with regard to any license under |
this Act, or may
suspend
or revoke a license issued under this |
|
Act, on any of the following grounds:
|
(1) The applicant or licensee has made any |
misrepresentation or false
statement or concealed any |
material fact in furnishing information to the Comptroller |
Department .
|
(2) The applicant or licensee has been engaged in |
business practices that
work a fraud.
|
(3) The applicant or licensee has refused to give |
information required
under this Act to be disclosed to the |
Comptroller
Department or failing, within 30 days, to |
provide information in response to a written request made |
by the Comptroller Department .
|
(4) Engaging in dishonorable, unethical, or |
unprofessional conduct of a character likely to deceive, |
defraud, or harm the public.
|
(5) As to any individual listed in the license |
application as required
under Section 10, that individual |
has conducted or is about to conduct any
cremation business |
on behalf of the applicant in a fraudulent manner or has
|
been
convicted
of any felony or misdemeanor an essential |
element of which is fraud.
|
(6) The applicant or licensee has failed to make the |
annual report
required
by this Act or to comply with a |
final order, decision, or finding of the Comptroller
|
Department
made under this Act.
|
(7) The applicant or licensee, including any member, |
|
officer, or director
of
the applicant or licensee if the |
applicant or licensee is a firm, partnership,
association, |
or corporation and including any shareholder holding more |
than 25%
of the corporate stock of the applicant or |
licensee, has violated any provision
of
this Act or any |
regulation or order made by the Comptroller Department |
under this Act.
|
(8) The Comptroller Department finds any fact or |
condition existing that, if it had
existed at the time of |
the original application for a license under this Act,
|
would
have warranted the Comptroller in refusing the |
issuance of the license.
|
(9) Any violation of this Act or of the rules adopted |
under this Act. |
(10) Incompetence. |
(11) Gross malpractice. |
(12) Discipline by another state, District of |
Columbia, territory, or foreign nation, if at least one of |
the grounds for the discipline is the same or substantially |
equivalent to those set forth in this Section. |
(13) Directly or indirectly giving to or receiving from |
any person, firm, corporation, partnership, or association |
any fee, commission, rebate, or other form of compensation |
for professional services not actually or personally |
rendered. |
(14) A finding by the Comptroller Department that the |
|
licensee, after having its license placed on probationary |
status, has violated the terms of probation. |
(15) Willfully making or filing false records or |
reports, including, but not limited to, false records filed |
with State agencies or departments. |
(16) Gross, willful, or continued overcharging for |
professional services, including filing false statements |
for collection of fees for which services are not rendered. |
(17) Practicing under a false or, except as provided by
|
law, an assumed name. |
(18) Cheating on or attempting to subvert this Act's |
licensing application process. |
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/11.5)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 11.5. License revocation or suspension; surrender of |
license.
|
(a) (Blank). Upon determining that grounds exist for the |
revocation or suspension of
a
license issued under this Act, |
the Comptroller, if appropriate, may revoke or
suspend the
|
license issued to the licensee.
|
(b) Upon the revocation or suspension of a license issued |
under this Act,
the
licensee must immediately surrender the |
license to the Comptroller. If the
licensee fails to
do so, the |
|
Comptroller may seize the license.
|
(Source: P.A. 92-675, eff. 7-1-03.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 11.5. License revocation or suspension; surrender of |
license.
|
(a) (Blank).
|
(b) Upon the revocation or suspension of a license issued |
under this Act,
the
licensee must immediately surrender the |
license to the Comptroller Department . If the
licensee fails to
|
do so, the Comptroller Department may seize the license.
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/13)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 13. License; display; transfer; duration.
|
(a) Every license issued under this Act must state the |
number of the
license, the
business name and address of the |
licensee's principal place of business, and
the licensee's
|
parent company, if any. The license must be conspicuously |
posted in the place
of business
operating under the license.
|
(b) After initial licensure, if any person comes to obtain |
at least 51% of the ownership over the licensed crematory |
authority, then the crematory authority shall apply for a new |
|
license in the required time as set out by rule. No license is |
transferable or assignable without the express
written
consent |
of the Comptroller. A transfer of more than 50% of the |
ownership of any
business licensed under this Act shall be |
deemed to be an attempted assignment
of
the license
originally |
issued to the licensee for whom consent of the Comptroller is
|
required.
|
(c) Every license issued under this Act shall remain in |
force until it has
been
surrendered, suspended, or revoked in |
accordance with this Act.
Upon
the request of an interested |
person or on the Comptroller's own motion, the
Comptroller may
|
issue a new
license to a licensee whose license has been |
revoked under this Act if no
factor or
condition then exists |
which would have warranted the Comptroller in
originally |
refusing
the issuance of the license.
|
(Source: P.A. 92-675, eff. 7-1-03.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 13. License; display; transfer; duration.
|
(a) Every license issued under this Act must state the |
number of the
license, the
business name and address of the |
licensee's principal place of business, and
the licensee's
|
parent company, if any. The license must be conspicuously |
posted in the place
of business
operating under the license.
|
(b) After initial licensure, if any person comes to obtain |
|
at least 51% 25% of the ownership over the licensed crematory |
authority, then the crematory authority shall have to apply for |
a new license and receive licensure in the required time as set |
out by rule.
|
(c) Every license issued under this Act shall remain in |
force until it has
been
surrendered, suspended, or revoked in |
accordance with this Act.
Upon
the request of an interested |
person or on the Comptroller's Department's own motion, the |
Comptroller Department
may
issue a new
license to a licensee |
whose license has been revoked under this Act if no
factor or
|
condition then exists which would have warranted the |
Comptroller Department in
originally refusing
the issuance of |
the license.
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/14)
|
(Section scheduled to be repealed on January 1, 2021)
|
Sec. 14. Display of cremation device permit. A crematory |
authority must
conspicuously display in its place of business |
the operating permit issued to
its cremation
device by the |
Illinois Environmental Protection Agency and the license |
issued by the Comptroller under this Act . All rulemaking
|
authority in connection with such operating permits issued by |
the Illinois Environmental Protection Agency shall be vested |
with the
Illinois Environmental Protection Agency and all |
rulemaking authority in connection with licenses issued by the |
|
Comptroller under this Act shall be vested with the |
Comptroller .
|
(Source: P.A. 92-675, eff. 7-1-03 .)
|
(410 ILCS 18/20)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 20. Authorization to cremate.
|
(a) A crematory authority shall not cremate human remains |
until it
has received all of the following:
|
(1) A cremation authorization form signed by an |
authorizing agent. The
cremation authorization form shall |
be provided by the crematory authority and
shall contain, |
at a minimum, the following information:
|
(A) The identity of the human remains and the time |
and date of death.
|
(B) The name of the funeral director and or funeral |
establishment , if applicable, that
obtained the |
cremation authorization.
|
(C) Notification as to whether the death occurred |
from a disease
declared by the Department of Health to |
be infectious, contagious,
communicable, or dangerous |
to the public health.
|
(D) The name of the authorizing agent and the
|
relationship between the authorizing agent and the |
decedent.
|
|
(E) A representation that the authorizing agent |
does in fact have the
right to authorize the cremation |
of the decedent, and that the authorizing
agent is not |
aware of any living person who has a superior priority |
right
to that of the authorizing agent, as set forth in |
Section 15. In the
event there is another living person |
who has a superior priority
right to that of the |
authorizing agent, the form shall contain a |
representation
that the authorizing agent has made all |
reasonable efforts to contact that
person, has been |
unable to do so, and has no reason to
believe that the |
person would object to the cremation of the decedent.
|
(F) Authorization for the crematory authority to |
cremate the human
remains.
|
(G) A representation that the human remains do not |
contain a pacemaker
or any other material or implant |
that may be potentially hazardous or cause
damage to |
the cremation chamber or the person performing the |
cremation.
|
(H) The name of the person authorized to receive |
the cremated remains
from the crematory authority.
|
(I) The manner in which final disposition of the |
cremated remains is to
take place, if known. If the |
cremation authorization form does not specify
final |
disposition in a grave, crypt, niche, or scattering |
area, then the form
may indicate that the cremated |
|
remains will be held by the crematory authority
for 30 |
days before they are released, unless they are picked |
up from the
crematory authority prior to that time, in |
person, by the authorizing agent. At
the end of the 30 |
days the crematory authority may return the cremated |
remains
to the authorizing agent if no final |
disposition arrangements are
made; or at the end of 60 |
days the crematory authority may dispose of the
|
cremated remains in accordance with subsection (d) of |
Section 40.
|
(J) A listing of any items of value to be delivered |
to the crematory
authority along with the human |
remains, and instructions as to how the items
should be |
handled.
|
(K) A specific statement as to whether the |
authorizing agent has made
arrangements for any type of |
viewing of the decedent before cremation, or for
a |
service with the decedent present before cremation in |
connection with the
cremation, and if so, the date and |
time of the viewing or service and whether
the |
crematory authority is authorized to proceed with the |
cremation upon
receipt of the human remains.
|
(L) The signature of the authorizing agent, |
attesting to
the accuracy of all representations |
contained on the cremation authorization
form, except |
as set forth in paragraph (M) of this subsection.
|
|
(M) If a cremation authorization form is being |
executed on a pre-need
basis, the cremation |
authorization form shall contain the disclosure |
required
by subsection (b) of Section 140 65 .
|
(N) The cremation authorization form, other than |
pre-need cremation
forms, shall also be signed by a |
funeral director or other representative of
the |
funeral establishment that obtained the cremation |
authorization. That
individual shall merely execute |
the cremation authorization form as a witness
and shall |
not be responsible for any of the representations made |
by the
authorizing agent, unless the individual has |
actual knowledge to the contrary.
The information |
requested by items (A), (B), (C) and (G) of this |
subsection,
however, shall be considered to be |
representations of the authorizing agent.
In addition, |
the funeral director or funeral establishment shall |
warrant to the
crematory that the human remains |
delivered to the crematory authority are the
human |
remains identified on the cremation authorization |
form.
|
(2) A completed and executed burial transit permit |
indicating that the
human remains are to be cremated.
|
(3) Any other documentation required by this State.
|
(b) If an authorizing agent is not available to execute a |
cremation
authorization form in person, that person may |
|
delegate that authority to
another person in writing, or by |
sending the crematory authority a facsimile
transmission that |
contains the name, address, and relationship of the sender to
|
the decedent and the name and address of the individual to whom |
authority is
delegated. Upon receipt of the written document, |
or facsimile
transmission, telegram, or other electronic |
telecommunications transmission
which specifies the individual |
to whom authority has been delegated, the
crematory authority |
shall allow this individual to serve as the authorizing
agent |
and to execute the cremation authorization form. The crematory
|
authority shall be entitled to rely upon the cremation |
authorization form
without liability.
|
(c) An authorizing agent who signs a cremation |
authorization form shall be
deemed to warrant the truthfulness |
of any facts set forth on the cremation
authorization form, |
including that person's authority to order the cremation;
|
except for the information required by items (C) and (G) of |
paragraph (1) of
subsection (a) of this Section, unless the |
authorizing agent has actual
knowledge to the contrary. An |
authorizing agent signing a cremation
authorization form shall |
be personally and individually liable for all damages
|
occasioned by and resulting from authorizing the cremation.
|
(d) A crematory authority shall have authority to cremate |
human remains upon
the receipt of a cremation authorization |
form signed by an authorizing agent.
There shall be no |
liability for a crematory authority that cremates human
remains |
|
according to an authorization, or that releases or disposes of |
the
cremated remains according to an authorization, except for |
a crematory
authority's gross negligence, provided that the |
crematory authority performs
its functions in compliance with |
this Act.
|
(e) After an authorizing agent has executed a cremation |
authorization form,
the authorizing agent may revoke the |
authorization and instruct the crematory
authority to cancel |
the cremation and to release or deliver the human remains
to |
another crematory authority or funeral establishment. The |
instructions
shall be provided to the crematory authority in |
writing. A crematory authority
shall honor any instructions |
given to it by an authorizing agent under this
Section if it |
receives the instructions prior to beginning the cremation of |
the
human remains.
|
(Source: P.A. 87-1187.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 20. Authorization to cremate.
|
(a) A crematory authority shall not cremate human remains |
until it
has received all of the following:
|
(1) A cremation authorization form signed by an |
authorizing agent. The
cremation authorization form shall |
be provided by the crematory authority and
shall contain, |
at a minimum, the following information:
|
|
(A) The identity of the human remains and the time |
and date of death.
|
(B) The name of the funeral director and funeral |
establishment, if applicable, that
obtained the |
cremation authorization.
|
(C) Notification as to whether the death occurred |
from a disease
declared by the Department of Health to |
be infectious, contagious,
communicable, or dangerous |
to the public health.
|
(D) The name of the authorizing agent and the
|
relationship between the authorizing agent and the |
decedent.
|
(E) A representation that the authorizing agent |
does in fact have the
right to authorize the cremation |
of the decedent, and that the authorizing
agent is not |
aware of any living person who has a superior priority |
right
to that of the authorizing agent, as set forth in |
Section 15. In the
event there is another living person |
who has a superior priority
right to that of the |
authorizing agent, the form shall contain a |
representation
that the authorizing agent has made all |
reasonable efforts to contact that
person, has been |
unable to do so, and has no reason to
believe that the |
person would object to the cremation of the decedent.
|
(F) Authorization for the crematory authority to |
cremate the human
remains.
|
|
(G) A representation that the human remains do not |
contain a pacemaker
or any other material or implant |
that may be potentially hazardous or cause
damage to |
the cremation chamber or the person performing the |
cremation.
|
(H) The name of the person authorized to receive |
the cremated remains
from the crematory authority.
|
(I) The manner in which final disposition of the |
cremated remains is to
take place, if known. If the |
cremation authorization form does not specify
final |
disposition in a grave, crypt, niche, or scattering |
area, then the form
may indicate that the cremated |
remains will be held by the crematory authority
for 30 |
days before they are released, unless they are picked |
up from the
crematory authority prior to that time, in |
person, by the authorizing agent. At
the end of the 30 |
days the crematory authority may return the cremated |
remains
to the authorizing agent if no final |
disposition arrangements are
made; or at the end of 60 |
days the crematory authority may dispose of the
|
cremated remains in accordance with subsection (d) of |
Section 40.
|
(J) A listing of any items of value to be delivered |
to the crematory
authority along with the human |
remains, and instructions as to how the items
should be |
handled.
|
|
(K) A specific statement as to whether the |
authorizing agent has made
arrangements for any type of |
viewing of the decedent before cremation, or for
a |
service with the decedent present before cremation in |
connection with the
cremation, and if so, the date and |
time of the viewing or service and whether
the |
crematory authority is authorized to proceed with the |
cremation upon
receipt of the human remains.
|
(L) The signature of the authorizing agent, |
attesting to
the accuracy of all representations |
contained on the cremation authorization
form, except |
as set forth in paragraph (M) of this subsection.
|
(M) If a cremation authorization form is being |
executed on a pre-need
basis, the cremation |
authorization form shall contain the disclosure |
required
by subsection (b) of Section 140.
|
(N) The cremation authorization form, other than |
pre-need cremation
forms, shall also be signed by a |
funeral director or other representative of
the |
funeral establishment that obtained the cremation |
authorization. That
individual shall merely execute |
the cremation authorization form as a witness
and shall |
not be responsible for any of the representations made |
by the
authorizing agent, unless the individual has |
actual knowledge to the contrary.
The information |
requested by items (A), (B), (C) and (G) of this |
|
subsection,
however, shall be considered to be |
representations of the authorizing agent.
In addition, |
the funeral director or funeral establishment shall |
warrant to the
crematory that the human remains |
delivered to the crematory authority are the
human |
remains identified on the cremation authorization |
form.
|
(2) A completed and executed burial transit permit |
indicating that the
human remains are to be cremated.
|
(3) Any other documentation required by this State.
|
(b) If an authorizing agent is not available to execute a |
cremation
authorization form in person, that person may |
delegate that authority to
another person in writing, or by |
sending the crematory authority a facsimile
transmission that |
contains the name, address, and relationship of the sender to
|
the decedent and the name and address of the individual to whom |
authority is
delegated. Upon receipt of the written document, |
or facsimile
transmission, telegram, or other electronic |
telecommunications transmission
which specifies the individual |
to whom authority has been delegated, the
crematory authority |
shall allow this individual to serve as the authorizing
agent |
and to execute the cremation authorization form. The crematory
|
authority shall be entitled to rely upon the cremation |
authorization form
without liability.
|
(c) An authorizing agent who signs a cremation |
authorization form shall be
deemed to warrant the truthfulness |
|
of any facts set forth on the cremation
authorization form, |
including that person's authority to order the cremation;
|
except for the information required by items (C) and (G) of |
paragraph (1) of
subsection (a) of this Section, unless the |
authorizing agent has actual
knowledge to the contrary. An |
authorizing agent signing a cremation
authorization form shall |
be personally and individually liable for all damages
|
occasioned by and resulting from authorizing the cremation.
|
(d) A crematory authority shall have authority to cremate |
human remains upon
the receipt of a cremation authorization |
form signed by an authorizing agent.
There shall be no |
liability for a crematory authority that cremates human
remains |
according to an authorization, or that releases or disposes of |
the
cremated remains according to an authorization, except for |
a crematory
authority's gross negligence, provided that the |
crematory authority performs
its functions in compliance with |
this Act.
|
(e) After an authorizing agent has executed a cremation |
authorization form,
the authorizing agent may revoke the |
authorization and instruct the crematory
authority to cancel |
the cremation and to release or deliver the human remains
to |
another crematory authority or funeral establishment. The |
instructions
shall be provided to the crematory authority in |
writing. A crematory authority
shall honor any instructions |
given to it by an authorizing agent under this
Section if it |
receives the instructions prior to beginning the cremation of |
|
the
human remains.
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/22)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 22. Performance of cremation service; training. A |
person may not
perform a cremation service in this State unless |
he or she has completed
training in performing cremation |
services and received certification by a
program recognized by |
the Comptroller. The crematory authority must
conspicuously |
display the certification at the crematory authority's place of
|
business. Any new employee shall have a reasonable time period, |
not
to exceed one year, to attend a recognized training |
program. In the interim,
the new employee may perform a |
cremation service if he or she has received
training from |
another person who has received certification by a program
|
recognized by the Comptroller and is under the supervision of |
the trained person . For purposes of this Act, the Comptroller |
may shall
recognize any training program that provides training |
in the operation of a
cremation device, in the maintenance of a |
clean facility, and in the proper
handling of human remains. |
The Comptroller may shall recognize any course that is
|
conducted by a death care trade association in Illinois or the |
United States or
by a manufacturer of a cremation unit that is |
consistent with the standards
provided in this Act or as |
|
otherwise determined by rule .
|
(Source: P.A. 92-675, eff. 7-1-03.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 22. Performance of cremation service; training. A |
person may not
perform a cremation service in this State unless |
he or she has completed
training in performing cremation |
services and received certification by a
program recognized by |
the Comptroller Department . The crematory authority must
|
conspicuously display the certification at the crematory |
authority's place of
business. Any new employee shall have a |
reasonable time period, not to exceed one year as determined by |
rule , to attend a recognized training program. In the interim,
|
the new employee may perform a cremation service if he or she |
has received
training from another person who has received |
certification by a program
recognized by the Comptroller |
Department and is under the supervision of the trained person. |
For purposes of this Act, the Comptroller Department may
|
recognize any training program that provides training in the |
operation of a
cremation device, in the maintenance of a clean |
facility, and in the proper
handling of human remains. The |
Comptroller Department may recognize any course that is
|
conducted by a death care trade association in Illinois or the |
United States or
by a manufacturer of a cremation unit that is |
consistent with the standards
provided in this Act or as |
|
otherwise determined by rule.
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/25)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 25. Recordkeeping.
|
(a) The crematory authority shall furnish to the person who |
delivers
human remains to the crematory authority a receipt |
signed at the time of delivery by both the
crematory authority |
and the person who delivers the human remains, showing
the date |
and time of the delivery, the type of casket or alternative
|
container that was delivered, the name of the person from whom |
the human
remains were received and the name of the funeral |
establishment or other
entity with whom the person is |
affiliated, the name of the person who
received the human |
remains on behalf of the crematory authority, and the
name of |
the decedent. The crematory shall retain a copy of this receipt |
in
its permanent records.
|
(b) Upon its release of cremated remains,
the crematory |
authority shall furnish to the person who receives the
cremated |
remains from the crematory authority a receipt signed by both |
the
crematory authority and the person who receives the |
cremated remains,
showing the date and time of the release, the |
name of the person to whom the
cremated remains were released |
and the name of the funeral establishment,
cemetery, or other |
|
entity with whom the person is affiliated, the name of
the |
person who released the cremated remains on behalf of the |
crematory
authority, and the name of the decedent. The |
crematory shall retain a copy
of this receipt in its permanent |
records.
|
(c) A crematory authority shall maintain at its place of |
business a
permanent record of each cremation that took place |
at its facility which shall
contain the name of the decedent, |
the date of the cremation, and the final
disposition of the |
cremated remains.
|
(d) The crematory authority shall maintain a record of all |
cremated remains
disposed of by the crematory authority in |
accordance with subsection (d) of
Section 40.
|
(e) Upon completion of the cremation, the crematory |
authority shall file the
burial transit permit as required by |
the Illinois Vital Records Act and rules adopted under that Act |
and the Illinois Counties Code law , and transmit a photocopy of |
the
burial transit permit along with the cremated remains to |
whoever receives the
cremated remains from the authorizing |
agent unless the cremated remains are to
be interred, entombed, |
inurned, or placed in a scattering area, in which case
the |
crematory authority shall retain a copy of the burial transit |
permit and
shall send the permit, along with the cremated |
remains, to the cemetery, which
shall file the permit with the |
designated agency after the interment,
entombment, inurnment, |
or scattering has taken place.
|
|
(f) All cemeteries shall maintain a record of all cremated |
remains that are
disposed of on their property, provided that |
the cremated remains were
properly transferred to the cemetery |
and the cemetery issued a receipt
acknowledging the transfer of |
the cremated remains.
|
(Source: P.A. 87-1187.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 25. Recordkeeping.
|
(a) The crematory authority shall furnish to the person who |
delivers
human remains to the crematory authority a receipt |
signed at the time of delivery by both the
crematory authority |
and the person who delivers the human remains, showing
the date |
and time of the delivery, the type of casket or alternative
|
container that was delivered, the name of the person from whom |
the human
remains were received and the name of the funeral |
establishment or other
entity with whom the person is |
affiliated, the name of the person who
received the human |
remains on behalf of the crematory authority, and the
name of |
the decedent. The crematory shall retain a copy of this receipt |
in
its permanent records.
|
(b) Upon its release of cremated remains,
the crematory |
authority shall furnish to the person who receives the
cremated |
remains from the crematory authority a receipt signed by both |
the
crematory authority and the person who receives the |
|
cremated remains,
showing the date and time of the release, the |
name of the person to whom the
cremated remains were released |
and the name of the funeral establishment,
cemetery, or other |
entity with whom the person is affiliated, the name of
the |
person who released the cremated remains on behalf of the |
crematory
authority, and the name of the decedent. The |
crematory shall retain a copy
of this receipt in its permanent |
records.
|
(c) A crematory authority shall maintain at its place of |
business a
permanent record of each cremation that took place |
at its facility which shall
contain the name of the decedent, |
the date of the cremation, and the final
disposition of the |
cremated remains.
|
(d) The crematory authority shall maintain a record of all |
cremated remains
disposed of by the crematory authority in |
accordance with subsection (d) of
Section 40.
|
(e) Upon completion of the cremation, the crematory |
authority shall file the
burial transit permit as required by |
the Illinois Vital Records Act and rules adopted under that Act |
and the Illinois Counties Code, and transmit a photocopy of the
|
burial transit permit along with the cremated remains to |
whoever receives the
cremated remains from the authorizing |
agent unless the cremated remains are to
be interred, entombed, |
inurned, or placed in a scattering area, in which case
the |
crematory authority shall retain a copy of the burial transit |
permit and
shall send the permit, along with the cremated |
|
remains, to the cemetery, which
shall file the permit with the |
designated agency after the interment,
entombment, inurnment, |
or scattering has taken place.
|
(f) All cemeteries shall maintain a record of all cremated |
remains that are
disposed of on their property, provided that |
the cremated remains were
properly transferred to the cemetery |
and the cemetery issued a receipt
acknowledging the transfer of |
the cremated remains.
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/40)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 40. Disposition of cremated remains.
|
(a) The authorizing agent shall be responsible for the |
final
disposition of the cremated remains.
|
(b) Cremated remains may be disposed of by placing them in |
a grave, crypt,
or niche, by scattering them in a scattering |
area as defined in this Act, or in
any manner whatever on the |
private property of a consenting owner.
|
(c) Upon the completion of the cremation process, and |
except as provided for
in item (I) (J) of paragraph (1) of |
subsection (a) of Section 20, if the crematory
authority has |
not been instructed to arrange
for the interment, entombment, |
inurnment, or scattering of the cremated
remains, the crematory |
authority shall deliver the cremated remains to the
individual |
|
specified on the cremation authorization form, or if no
|
individual is specified then to the authorizing agent. The |
delivery may be
made in person or by registered mail. Upon |
receipt of the cremated remains,
the individual receiving them |
may transport them in any manner in this
State without a |
permit, and may dispose of them in accordance with this
|
Section. After delivery, the crematory authority shall be |
discharged
from any legal obligation or liability concerning |
the cremated remains.
|
(d) If, after a period of 60 days from the date of the
|
cremation, the authorizing agent or the agent's designee has |
not
instructed the crematory authority to arrange for the final |
disposition of
the cremated remains or claimed the cremated |
remains, the crematory
authority may dispose of the cremated |
remains in any manner permitted by
this Section. The crematory |
authority, however, shall keep a permanent record
identifying |
the site of final disposition. The authorizing agent shall be
|
responsible for reimbursing the crematory authority for all |
reasonable
expenses incurred in disposing of the cremated |
remains. Upon disposing
of the cremated remains, the crematory |
authority shall be discharged from
any legal obligation or |
liability concerning the cremated remains. Any
person who was |
in possession of cremated remains prior to the effective date
|
of this Act may dispose of them in accordance with this |
Section.
|
(e) Except with the express written permission of the |
|
authorizing agent, no
person shall:
|
(1) Dispose of cremated remains in a manner
or in a |
location so that the cremated remains are commingled with |
those of
another person. This prohibition shall not apply |
to the scattering of
cremated remains at sea, by air, or in |
an area located in a dedicated
cemetery and used |
exclusively for those purposes.
|
(2) Place cremated remains of more than one person in |
the same temporary
container or urn.
|
(Source: P.A. 87-1187.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 40. Disposition of cremated remains.
|
(a) The authorizing agent shall be responsible for the |
final
disposition of the cremated remains.
|
(b) Cremated remains may be disposed of by placing them in |
a grave, crypt,
or niche, by scattering them in a scattering |
area as defined in this Act, or in
any manner whatever on the |
private property of a consenting owner.
|
(c) Upon the completion of the cremation process, and |
except as provided for
in item (I) of paragraph (1) of |
subsection (a) of Section 20, if the crematory
authority has |
not been instructed to arrange
for the interment, entombment, |
inurnment, or scattering of the cremated
remains, the crematory |
authority shall deliver the cremated remains to the
individual |
|
specified on the cremation authorization form, or if no
|
individual is specified then to the authorizing agent. The |
delivery may be
made in person or by registered mail. Upon |
receipt of the cremated remains,
the individual receiving them |
may transport them in any manner in this
State without a |
permit, and may dispose of them in accordance with this
|
Section. After delivery, the crematory authority shall be |
discharged
from any legal obligation or liability concerning |
the cremated remains.
|
(d) If, after a period of 60 days from the date of the
|
cremation, the authorizing agent or the agent's designee has |
not
instructed the crematory authority to arrange for the final |
disposition of
the cremated remains or claimed the cremated |
remains, the crematory
authority may dispose of the cremated |
remains in any manner permitted by
this Section. The crematory |
authority, however, shall keep a permanent record
identifying |
the site of final disposition. The authorizing agent shall be
|
responsible for reimbursing the crematory authority for all |
reasonable
expenses incurred in disposing of the cremated |
remains. Upon disposing
of the cremated remains, the crematory |
authority shall be discharged from
any legal obligation or |
liability concerning the cremated remains. Any
person who was |
in possession of cremated remains prior to the effective date
|
of this Act may dispose of them in accordance with this |
Section.
|
(e) Except with the express written permission of the |
|
authorizing agent, no
person shall:
|
(1) Dispose of cremated remains in a manner
or in a |
location so that the cremated remains are commingled with |
those of
another person. This prohibition shall not apply |
to the scattering of
cremated remains at sea, by air, or in |
an area located in a dedicated
cemetery and used |
exclusively for those purposes.
|
(2) Place cremated remains of more than one person in |
the same temporary
container or urn.
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/55)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 55. Penalties.
|
Violations of this Act shall be punishable as follows:
|
(1) Performing a cremation without receipt of a |
cremation
authorization form signed by an authorizing |
agent shall be a Class 4 felony.
|
(2) Signing a cremation authorization form with the |
actual
knowledge that the form contains false or incorrect |
information shall be a
Class 4 felony.
|
(3) A Violation of any cremation procedure set forth in |
Section 35
shall be a Class 4 felony.
|
(4) Holding oneself out to the public as a crematory |
authority, or the
operation of a building or structure |
|
within this State as a crematory, without
being licensed |
under this Act, shall be a Class A
misdemeanor.
|
(4.5) Performance of a cremation service by a person
|
who has not
completed a training program as defined in |
Section 22 of this Act
shall be a Class A misdemeanor.
|
(4.10) Any person who intentionally violates a |
provision of this Act or a
final order of the Comptroller |
is liable for a civil penalty not to exceed
$5,000 per
|
violation.
|
(4.15) Any person who knowingly acts without proper |
legal authority and
who
willfully and knowingly destroys or |
damages the remains of a deceased human
being or who |
desecrates human remains is guilty of a Class 3 felony.
|
(5) A violation of any other provision of this
Act |
shall be a Class B misdemeanor.
|
(Source: P.A. 92-675, eff. 7-1-03.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 55. Penalties. Violations of this Act shall be |
punishable as follows:
|
(1) Performing a cremation without receipt of a |
cremation
authorization form signed by an authorizing |
agent shall be a Class 4 felony.
|
(2) Signing a cremation authorization form with the |
actual
knowledge that the form contains false or incorrect |
|
information shall be a
Class 4 felony.
|
(3) A Violation of any cremation procedure set forth in |
Section 35
shall be a Class 4 felony.
|
(4) Holding oneself out to the public as a crematory |
authority, or the
operation of a building or structure |
within this State as a crematory, without
being licensed |
under this Act, shall be a Class A
misdemeanor.
|
(4.5) Performance of a cremation service by a person
|
who has not
completed a training program as defined in |
Section 22 of this Act
shall be a Class A misdemeanor.
|
(4.10) Any person who intentionally violates a |
provision of this Act or a
final order of the Comptroller |
Department is liable for a civil penalty not to exceed |
$5,000 $10,000
per
violation.
|
(4.15) Any person who knowingly acts without proper |
legal authority and
who
willfully and knowingly destroys or |
damages the remains of a deceased human
being or who |
desecrates human remains is guilty of a Class 3 felony.
|
(5) A violation of any other provision of this
Act |
shall be a Class B misdemeanor.
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/60)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 60. Failure to file annual report. Whenever a |
|
crematory
authority refuses or neglects to file
its annual |
report in violation of Section 10 of this Act, or fails to
|
otherwise comply with the requirements of
this Act, the |
Comptroller shall impose a penalty as provided for by rule for |
each and every day the licensee remains delinquent in |
submitting the annual report. Such report shall be made under |
oath and shall be in a form determined by the Comptroller may |
commence an administrative proceeding as
authorized by this Act |
or may communicate the facts to the Attorney
General of the |
State of Illinois who shall thereupon institute such
|
proceedings against the crematory authority or its officers as |
the nature
of the case may require .
|
(Source: P.A. 92-675, eff. 7-1-03.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 60. Failure to file annual report. Whenever a |
crematory
authority refuses or neglects to file
its annual |
report in violation of Section 10 of this Act, or fails to
|
otherwise comply with the requirements of
this Act, the |
Comptroller Department shall impose a penalty as provided for |
by rule for each and every day the licensee remains delinquent |
in submitting the annual report. Such report shall be made |
under oath and shall be in a form determined by the Comptroller |
Department .
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
|
(410 ILCS 18/62)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 62. Injunctive action; cease and desist order |
Investigation of unlawful practices . |
(a) If any person violates the provisions of this Act, the |
Comptroller, in the name of the People of the State of |
Illinois, through the Attorney General or the State's Attorney |
of the county in which the violation is alleged to have |
occurred, may petition for an order enjoining the violation or |
for an order enforcing compliance with this Act. Upon the |
filing of a verified petition, the court with appropriate |
jurisdiction may issue a temporary restraining order, without |
notice or bond, and may preliminarily and permanently enjoin |
the violation. If it is established that the person has |
violated or is violating the injunction, the court may punish |
the offender for contempt of court. Proceedings under this |
Section are in addition to, and not in lieu of, all other |
remedies and penalties provided by this Act. |
(b) Whenever, in the opinion of the Comptroller, a person |
violates any provision of this Act, the Comptroller may issue a |
rule to show cause why an order to cease and desist should not |
be entered against that person. The rule shall clearly set |
forth the grounds relied upon by the Comptroller and shall |
allow at least 7 days from the date of the rule to file an |
|
answer satisfactory to the Comptroller. Failure to answer to |
the satisfaction of the Comptroller shall cause an order to |
cease and desist to be issued. |
If the
Comptroller has good cause to believe that a
person has |
engaged in, is engaging in, or is about to engage in any |
practice in
violation of
this Act, the Comptroller may do any |
one or more of the following:
|
(1) Require that person to file, on terms the |
Comptroller prescribes, a
statement or report in writing, |
under oath or otherwise, containing all
information
that |
the Comptroller considers necessary to ascertain whether a |
licensee is in
compliance with this Act, or whether an |
unlicensed person is engaging in
activities for which a |
license is required under this Act.
|
(2) Examine under oath any person in connection with |
the books and
records required to be maintained under this |
Act.
|
(3) Examine any books and records of a licensee that |
the Comptroller
considers necessary to ascertain |
compliance with this Act.
|
(4) Require the production of a copy of any record, |
book, document,
account, or paper that is produced in |
accordance with this Act and retain it in
the
Comptroller's |
possession until the completion of all proceedings in |
connection
with which it is produced.
|
(Source: P.A. 92-675, eff. 7-1-03.)
|
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 62. Injunctive action; cease and desist order. |
(a) If any person violates the provisions of this Act, the |
Comptroller Secretary , in the name of the People of the State |
of Illinois, through the Attorney General or the State's |
Attorney of the county in which the violation is alleged to |
have occurred, may petition for an order enjoining the |
violation or for an order enforcing compliance with this Act. |
Upon the filing of a verified petition, the court with |
appropriate jurisdiction may issue a temporary restraining |
order, without notice or bond, and may preliminarily and |
permanently enjoin the violation. If it is established that the |
person has violated or is violating the injunction, the court |
may punish the offender for contempt of court. Proceedings |
under this Section are in addition to, and not in lieu of, all |
other remedies and penalties provided by this Act. |
(b) Whenever, in the opinion of the Comptroller Department , |
a person violates any provision of this Act, the Comptroller |
Department may issue a rule to show cause why an order to cease |
and desist should not be entered against that person. The rule |
shall clearly set forth the grounds relied upon by the |
Comptroller Department and shall allow at least 7 days from the |
date of the rule to file an answer satisfactory to the |
Comptroller Department . Failure to answer to the satisfaction |
|
of the Comptroller Department shall cause an order to cease and |
desist to
be issued.
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/62.5)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 62.5. Service of notice. Service by the Comptroller of |
any notice
requiring a
person to file a statement or report |
under this Act shall be made: (1)
personally by
delivery of a |
duly executed copy of the notice to the person to be served or,
|
if that person
is not a natural person, in the manner provided |
in the Civil Practice Law when
a
complaint is filed; or (2) by |
mailing by certified mail a duly executed copy of
the notice
to |
the person at his or her address of record to be served at his |
or her last known abode or principal place of
business
within |
this State .
|
(Source: P.A. 92-675, eff. 7-1-03.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 62.5. Service of notice. Service by the Comptroller |
Department of any notice
requiring a
person to file a statement |
or report under this Act shall be made: (1)
personally by
|
delivery of a duly executed copy of the notice to the person to |
be served or,
if that person
is not a natural person, in the |
|
manner provided in the Civil Practice Law when
a
complaint is |
filed; or (2) by mailing by certified mail a duly executed copy |
of
the notice
to the person at his or her address of record.
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/62.10)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 62.10. Investigations; notice and hearing |
Investigation of actions; hearing .
|
The Comptroller may at any time investigate the actions of |
any applicant or of any person, persons, or entity rendering or |
offering to render cremation services or any person or entity |
holding or claiming to hold a license as a licensed crematory. |
The Comptroller shall, before revoking, suspending, placing on |
probation, reprimanding, or taking any other disciplinary |
action under Section 11 of this Act, at least 30 days before |
the date set for the hearing, (i) notify the accused in writing |
of the charges made and the time and place for the hearing on |
the charges, (ii) direct the accused applicant or licensee to |
file a written answer to the charges with the Comptroller under |
oath within 20 days after the service on him or her of the |
notice, and (iii) inform the accused that, if he or she fails |
to answer, default will be taken against him or her or that his |
or her license may be suspended, revoked, placed on |
probationary status, or other disciplinary action taken with |
|
regard to the license, including limiting the scope, nature, or |
extent of his or her practice, as the Comptroller may consider |
proper. |
At the time and place fixed in the notice, the Comptroller |
shall proceed to hear the charges and the parties or their |
counsel shall be accorded ample opportunity to present any |
pertinent statements, testimony, evidence, and arguments. The |
Comptroller shall have the authority to appoint an attorney |
duly licensed to practice law in the State of Illinois to serve |
as the hearing officer in any disciplinary action with regard |
to a license. The hearing officer shall have full authority to |
conduct the hearing. The Comptroller may continue the hearing |
from time to time. In case the person, after receiving the |
notice, fails to file an answer, his or her license may, in the |
discretion of the Comptroller, be suspended, revoked, placed on |
probationary status, or the Comptroller may take whatever |
disciplinary action considered proper, including limiting the |
scope, nature, or extent of the person's practice or the |
imposition of a fine, without a hearing, if the act or acts |
charged constitute sufficient grounds for that action under |
this Act. The written notice may be served by personal delivery |
or by certified mail to the address specified by the accused in |
his or her last notification with the Comptroller. |
(a) The Comptroller shall make an investigation
upon
|
discovering facts that, if proved, would constitute grounds for |
refusal,
suspension, or
revocation of a license under this Act.
|
|
(b) Before refusing to issue, and before suspending or |
revoking, a license
under
this Act, the Comptroller shall hold |
a hearing to determine whether the
applicant for a
license or |
the licensee ("the respondent") is entitled to hold such a |
license.
At least 10
days before the date set for the hearing, |
the Comptroller shall notify the
respondent in
writing that (i) |
on the designated date a hearing will be held to determine the
|
respondent's
eligibility for a license and (ii) the respondent |
may appear in person or by
counsel. The
written notice may be |
served on the respondent personally, or by registered or
|
certified
mail sent to the respondent's business address as |
shown in the respondent's
latest
notification to the |
Comptroller. The notice must include sufficient information
to |
inform
the respondent of the general nature of the reason for |
the Comptroller's
action.
|
(c) At the hearing, both the respondent and the complainant |
shall be
accorded
ample opportunity to present in person or by |
counsel such statements,
testimony,
evidence, and argument as |
may be pertinent to the charge or to any defense to
the charge. |
The
Comptroller may reasonably continue the hearing from time |
to time. The
Comptroller
may subpoena any person or persons in |
this State and take testimony orally, by
deposition, or by |
exhibit, in the same manner and with the same fees and
mileage |
as
prescribed in judicial proceedings in civil cases. Any |
authorized agent of the
Comptroller
may administer oaths to |
witnesses at any hearing that the Comptroller is
authorized to
|
|
conduct.
|
(d) The Comptroller, at the Comptroller's expense, shall |
provide a certified
shorthand reporter to take down the |
testimony and preserve a record of every
proceeding at
the |
hearing of any case involving the refusal to issue a license |
under this
Act, the
suspension or revocation of such a license, |
the imposition of a monetary
penalty, or the
referral of a case |
for criminal prosecution. The record of any such proceeding
|
shall
consist of the notice of hearing, the complaint, all |
other documents in the
nature
of pleadings
and written motions |
filed in the proceeding, the transcript of testimony, and
the |
report and
orders of the Comptroller. Copies of the transcript |
of the record may be
purchased from
the certified shorthand |
reporter who prepared the record or from the
Comptroller.
|
(Source: P.A. 92-675, eff. 7-1-03.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 62.10. Investigations; notice and hearing. The |
Comptroller Department may at any time investigate the actions |
of any applicant or of any person, persons, or entity rendering |
or offering to render cremation services or any person or |
entity holding or claiming to hold a license as a licensed |
crematory. The Comptroller Department shall, before revoking, |
suspending, placing on probation, reprimanding, or taking any |
other disciplinary action under Section 11 of this Act, at |
|
least 30 days before the date set for the hearing, (i) notify |
the accused in writing of the charges made and the time and |
place for the hearing on the charges, (ii) direct the accused |
applicant or licensee to file a written answer to the charges |
with the Comptroller Department under oath within 20 days after |
the service on him or her of the notice, and (iii) inform the |
accused that, if he or she fails to answer, default will be |
taken against him or her or that his or her license may be |
suspended, revoked, placed on probationary status, or other |
disciplinary action taken with regard to the license, including |
limiting the scope, nature, or extent of his or her practice, |
as the Comptroller Department may consider proper. |
At the time and place fixed in the notice, the Comptroller |
Department shall proceed to hear the charges and the parties or |
their counsel shall be accorded ample opportunity to present |
any pertinent statements, testimony, evidence, and arguments. |
The Comptroller Secretary shall have the authority to appoint |
an attorney duly licensed to practice law in the State of |
Illinois to serve as the hearing officer in any disciplinary |
action with regard to a license. The hearing officer shall have |
full authority to conduct the hearing. The Comptroller |
Department may continue the hearing from time to time. In case |
the person, after receiving the notice, fails to file an |
answer, his or her license may, in the discretion of the |
Comptroller Department , be suspended, revoked, placed on |
probationary status, or the Comptroller Department may take |
|
whatever disciplinary action considered proper, including |
limiting the scope, nature, or extent of the person's practice |
or the imposition of a fine, without a hearing, if the act or |
acts charged constitute sufficient grounds for that action |
under this Act. The written notice may be served by personal |
delivery or by certified mail to the address specified by the |
accused in his or her last notification with the Comptroller |
Department .
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/62.15)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 62.15. Compelling testimony Court order . Any circuit |
court, upon application of the Comptroller or designated |
hearing officer may enter an order requiring the attendance of |
witnesses and their testimony, and the production of documents, |
papers, files, books, and records in connection with any |
hearing or investigation. The court may compel obedience to its |
order by proceedings for contempt. Upon the application of the |
Comptroller or of the
applicant or licensee against whom |
proceedings under Section 62.10 are pending,
any circuit court |
may enter an order requiring witnesses to attend and testify
|
and requiring the production of documents, papers, files, |
books, and records in
connection with any hearing in any |
proceeding under that Section. Failure to
obey such a court |
|
order may result in contempt proceedings.
|
(Source: P.A. 92-675, eff. 7-1-03.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 62.15. Compelling testimony. Any circuit court, upon |
application of the Comptroller Department or designated |
hearing officer may enter an order requiring the attendance of |
witnesses and their testimony, and the production of documents, |
papers, files, books, and records in connection with any |
hearing or investigation. The court may compel obedience to its |
order by proceedings for contempt.
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/62.20)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 62.20. Administrative review; venue; certification of |
record; costs Judicial review .
|
(a) All final administrative decisions of the Comptroller |
are subject to judicial review under the Administrative Review |
Law and its rules. The term "administrative decision" is |
defined as in Section 3-101 of the Code of Civil Procedure. |
(b) Proceedings for judicial review shall be commenced in |
the circuit court of the county in which the party applying for |
review resides, but if the party is not a resident of Illinois, |
|
the venue shall be in Sangamon County. |
(c) The Comptroller shall not be required to certify any |
record of the court, file an answer in court, or to otherwise |
appear in any court in a judicial review proceeding unless and |
until the Comptroller has received from the plaintiff payment |
of the costs of furnishing and certifying the record, which |
costs shall be determined by the Comptroller. Failure on the |
part of the plaintiff to make such payment to the Comptroller |
is grounds for dismissal of the action. |
(a) Any person affected by a final administrative
decision
|
of the Comptroller under this Act may have the decision |
reviewed judicially by
the circuit
court of the county where |
the person resides or, in the case of a corporation,
where the
|
corporation's registered office is located. If the plaintiff in |
the judicial
review proceeding
is not a resident of this State, |
venue shall be in Sangamon County. The
provisions of the
|
Administrative Review Law and any rules adopted under it govern |
all proceedings
for the
judicial review of final administrative |
decisions of the Comptroller under this
Act. The
term |
"administrative decision" is defined as in the Administrative |
Review Law.
|
(b) The
Comptroller is not required to certify the record |
of the proceeding unless the
plaintiff in
the review proceeding |
has purchased a copy of the transcript from the certified
|
shorthand
reporter who prepared the record or from the |
Comptroller. Exhibits shall be
certified
without cost.
|
|
(Source: P.A. 92-675, eff. 7-1-03.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 62.20. Administrative review; venue; certification of |
record; costs.
|
(a) All final administrative decisions of the Comptroller |
Department are subject to judicial review under the |
Administrative Review Law and its rules. The term |
"administrative decision" is defined as in Section 3-101 of the |
Code of Civil Procedure. |
(b) Proceedings for judicial review shall be commenced in |
the circuit court of the county in which the party applying for |
review resides, but if the party is not a resident of Illinois, |
the venue shall be in Sangamon County. |
(c) The Comptroller Department shall not be required to |
certify any record of the court, file an answer in court, or to |
otherwise appear in any court in a judicial review proceeding |
unless and until the Comptroller Department has received from |
the plaintiff payment of the costs of furnishing and certifying |
the record, which costs shall be determined by the Comptroller |
Department . Failure on the part of the plaintiff to make such |
payment to the Comptroller Department is grounds for dismissal |
of the action.
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
|
(410 ILCS 18/65)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 65. Pre-need cremation arrangements.
|
(a) Any person, or anyone who has legal authority to act on
|
behalf of a person, on a pre-need basis, may authorize his or |
her own
cremation and the final disposition of his or her |
cremated remains by
executing, as the authorizing agent, a |
cremation authorization form on a
pre-need basis. A copy of |
this form shall be provided to the person. Any
person shall |
have the right to transfer or cancel this authorization at any
|
time prior to death by destroying the executed cremation |
authorization form and
providing written notice to the |
crematory authority.
|
(b) Any cremation authorization form that is being executed |
by an
individual as his or her own authorizing agent on a |
pre-need basis shall
contain the following disclosure, which |
shall be completed by the
authorizing agent:
|
"( ) I do not wish to allow any of my survivors the option |
of cancelling
my cremation and selecting alternative |
arrangements, regardless of
whether my survivors deem |
a change to be appropriate.
|
( ) I wish to allow only the survivors whom I have |
designated
below the option of cancelling my cremation |
and selecting
alternative arrangements, if they deem a |
change to be
appropriate:............"
|
|
(c) Except as provided in subsection (b) of this Section, |
at the time of the
death of a person who has executed, as the |
authorizing agent, a cremation
authorization form on a pre-need |
basis, any person in possession of an executed
form and any |
person charged with making arrangements for the final |
disposition
of the decedent who has knowledge of the existence |
of an executed form, shall
use their best efforts to ensure |
that the decedent is cremated and
that the final disposition of |
the cremated remains is in accordance with the
instructions |
contained on the cremation authorization form.
If a crematory |
authority (i) is in possession of a completed cremation
|
authorization form that was executed on a pre-need basis,
(ii) |
is in possession of the designated human remains, and (iii) has |
received
payment for the cremation of the human remains and the |
final disposition of
the cremated remains or is otherwise |
assured of payment, then the crematory
authority shall be |
required to cremate the human remains and dispose of
the |
cremated remains according to the instructions contained on the
|
cremation authorization form, and may do so without any |
liability.
|
(d) (e) Any pre-need contract sold by, or pre-need |
arrangements made with, a
cemetery, funeral establishment, |
crematory authority, or any other party
that includes a |
cremation shall specify the final disposition of the cremated
|
remains, in accordance with Section 40. In the event that no |
different or
inconsistent instructions are provided to the |
|
crematory authority by the
authorizing agent at the time of |
death, the crematory authority shall be
authorized to release |
or dispose of the cremated remains as indicated in the
pre-need |
agreement. Upon compliance with the terms of the pre-need
|
agreement, the crematory authority shall be discharged from any |
legal
obligation concerning the cremated remains. The pre-need |
agreement shall be kept as a permanent record by the crematory |
authority.
|
(e) (f) This Section shall not apply to any cremation |
authorization
form or pre-need contract executed prior to the |
effective date of this Act.
Any cemetery, funeral |
establishment, crematory authority, or other
party, however, |
with the written approval of the authorizing agent or person
|
who executed the pre-need contract, may designate that the |
cremation
authorization form or pre-need contract shall be |
subject to this Act.
|
(Source: P.A. 87-1187.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 65. Pre-need cremation arrangements.
|
(a) Any person, or anyone who has legal authority to act on
|
behalf of a person, on a pre-need basis, may authorize his or |
her own
cremation and the final disposition of his or her |
cremated remains by
executing, as the authorizing agent, a |
cremation authorization form on a
pre-need basis. A copy of |
|
this form shall be provided to the person. Any
person shall |
have the right to transfer or cancel this authorization at any
|
time prior to death by destroying the executed cremation |
authorization form and
providing written notice to the |
crematory authority.
|
(b) Any cremation authorization form that is being executed |
by an
individual as his or her own authorizing agent on a |
pre-need basis shall
contain the following disclosure, which |
shall be completed by the
authorizing agent:
|
"( ) I do not wish to allow any of my survivors the option |
of cancelling
my cremation and selecting alternative |
arrangements, regardless of
whether my survivors deem |
a change to be appropriate.
|
( ) I wish to allow only the survivors whom I have |
designated
below the option of cancelling my cremation |
and selecting
alternative arrangements, if they deem a |
change to be
appropriate:............"
|
(c) Except as provided in subsection (b) of this Section, |
at the time of the
death of a person who has executed, as the |
authorizing agent, a cremation
authorization form on a pre-need |
basis, any person in possession of an executed
form and any |
person charged with making arrangements for the final |
disposition
of the decedent who has knowledge of the existence |
of an executed form, shall
use their best efforts to ensure |
that the decedent is cremated and
that the final disposition of |
the cremated remains is in accordance with the
instructions |
|
contained on the cremation authorization form.
If a crematory |
authority (i) is in possession of a completed cremation
|
authorization form that was executed on a pre-need basis,
(ii) |
is in possession of the designated human remains, and (iii) has |
received
payment for the cremation of the human remains and the |
final disposition of
the cremated remains or is otherwise |
assured of payment, then the crematory
authority shall be |
required to cremate the human remains and dispose of
the |
cremated remains according to the instructions contained on the
|
cremation authorization form, and may do so without any |
liability.
|
(d) Any pre-need contract sold by, or pre-need arrangements |
made with, a
cemetery, funeral establishment, crematory |
authority, or any other party
that includes a cremation shall |
specify the final disposition of the cremated
remains, in |
accordance with Section 40. In the event that no different or
|
inconsistent instructions are provided to the crematory |
authority by the
authorizing agent at the time of death, the |
crematory authority shall be
authorized to release or dispose |
of the cremated remains as indicated in the
pre-need agreement. |
Upon compliance with the terms of the pre-need
agreement, the |
crematory authority shall be discharged from any legal
|
obligation concerning the cremated remains. The pre-need |
agreement shall be kept as a permanent record by the crematory |
authority.
|
(e) This Section shall not apply to any cremation |
|
authorization
form or pre-need contract executed prior to the |
effective date of this Act.
Any cemetery, funeral |
establishment, crematory authority, or other
party, however, |
with the written approval of the authorizing agent or person
|
who executed the pre-need contract, may designate that the |
cremation
authorization form or pre-need contract shall be |
subject to this Act.
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/80)
|
(Text of Section before amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 80. Record of proceedings; transcript Home Rule . The |
Comptroller, at its expense, shall preserve a record of all |
proceedings at the formal hearing of any case. Any notice of |
hearing, complaint, all other documents in the nature of |
pleadings, written motions filed in the proceedings, the |
transcripts of testimony, the report of the hearing officer, |
and orders of the Comptroller shall be in the record of the |
proceeding. The Comptroller shall furnish a transcript of such |
record to any person interested in such hearing upon payment of |
a reasonable fee. The regulation of crematories and crematory |
authorities
as set forth in this Act is an exclusive power and |
function of the State. A
home rule unit may not regulate |
crematories or crematory authorities. This
Section is a denial |
and limitation of home rule powers and functions under
|
|
subsection (h) of Section 6 of Article VII of the Illinois
|
Constitution.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(Text of Section after amendment by P.A. 96-863 )
|
(Section scheduled to be repealed on January 1, 2021) |
Sec. 80. Record of proceedings; transcript. The |
Comptroller Department , at its expense, shall preserve a record |
of all proceedings at the formal hearing of any case. Any |
notice of hearing, complaint, all other documents in the nature |
of pleadings, written motions filed in the proceedings, the |
transcripts of testimony, the report of the hearing officer, |
and orders of the Comptroller Department shall be in the record |
of the proceeding. The Comptroller Department shall furnish a |
transcript of such record to any person interested in such |
hearing upon payment of a reasonable fee the fee required under |
Section 2105-115 of the Department of Professional Regulation |
Law .
|
(Source: P.A. 96-863, eff. 3-1-12.)
|
(410 ILCS 18/85) |
(This Section may contain text from a Public Act with a |
delayed effective date ) |
(Section scheduled to be repealed on January 1, 2021) |
Sec. 85. Subpoenas; depositions; oaths. The Comptroller |
Department has the power to subpoena documents, books, records |
|
or other materials and to bring before it any person and to |
take testimony either orally or by deposition, or both, with |
the same fees and mileage and in the same manner as prescribed |
in civil cases in the courts of this State. The Comptroller |
Secretary , the designated hearing officer, or any qualified |
person the Comptroller Department may designate has the power |
to administer oaths to witnesses at any hearing that the |
Comptroller Department is authorized to conduct, and any other |
oaths authorized in any Act administered by the Comptroller |
Department . |
Every person having taken an oath or affirmation in any |
proceeding or matter wherein an oath is required by this Act, |
who shall swear willfully, corruptly and falsely in a matter |
material to the issue or point in question, or shall suborn any |
other person to swear as aforesaid, shall be guilty of perjury |
or subornation of perjury, as the case may be and shall be |
punished as provided by State law relative to perjury and |
subornation of perjury.
|
(Source: P.A. 96-863, eff. 3-1-12.) |
(410 ILCS 18/87) |
(This Section may contain text from a Public Act with a |
delayed effective date ) |
(Section scheduled to be repealed on January 1, 2021) |
Sec. 87. Findings and recommendations. At the conclusion of
|
the hearing, the hearing officer shall present to the |
|
Comptroller Secretary a written report of its findings of fact, |
conclusions of law, and recommendations. The report shall |
contain a finding whether or not the accused person violated |
this Act or its rules or failed to comply with the conditions |
required in this Act or its rules. The hearing officer shall |
specify the nature of any violations or failure to comply and |
shall make recommendations to the Comptroller Secretary . In |
making recommendations for any disciplinary actions, the |
hearing officer may take into consideration all facts and |
circumstances bearing upon the reasonableness of the conduct of |
the accused and the potential for future harm to the public, |
including but not limited to, previous discipline of the |
accused by the Comptroller Department , intent, degree of harm |
to the public and likelihood of harm in the future, any |
restitution made by the accused, and whether the incident or |
incidents contained in the complaint appear to be isolated or |
represent a continuing pattern of conduct. In making its |
recommendations for discipline, the hearing officer shall |
endeavor to ensure that the severity of the discipline |
recommended is reasonably related to the severity of the |
violation. The report of findings of fact, conclusions of law, |
and recommendation of the hearing officer shall be the basis |
for the Comptroller's Department's order refusing to issue, |
restore, place on probation, fine, suspend, revoke a license, |
or otherwise disciplining a licensee. If the Comptroller |
Secretary disagrees with the recommendations of the hearing |
|
officer, the Comptroller Secretary may issue an order in |
contravention of the hearing officer's recommendations. The |
finding is not admissible in evidence against the person in a |
criminal prosecution brought for a violation of this Act, but |
the hearing and finding are not a bar to a criminal prosecution |
brought for a violation of this Act.
|
(Source: P.A. 96-863, eff. 3-1-12.) |
(410 ILCS 18/88) |
(This Section may contain text from a Public Act with a |
delayed effective date ) |
(Section scheduled to be repealed on January 1, 2021) |
Sec. 88. Rehearing. At the conclusion of the hearing, a |
copy of the hearing officer's report shall be served upon the |
applicant or licensee by the Comptroller Department , either |
personally or as provided in this Act. Within 20 days after |
service, the applicant or licensee may present to the |
Department a motion in writing for a rehearing, which shall |
specify the particular grounds for rehearing. The Comptroller |
Department may respond to the motion for rehearing within 20 |
days after its service on the Comptroller Department . If no |
motion for rehearing is filed, then upon the expiration of the |
time specified for filing such a motion, or if a motion for |
rehearing is denied, then upon denial, the Comptroller |
Secretary may enter an order in accordance with recommendations |
of the hearing officer except as provided in Section 89 of this |
|
Act. |
If the applicant or licensee orders from the reporting |
service and pays for a transcript of the record within the time |
for filing a motion for rehearing, the 20-day period within |
which a motion may be filed shall commence upon the delivery of |
the transcript to the applicant or licensee.
|
(Source: P.A. 96-863, eff. 3-1-12.) |
(410 ILCS 18/89) |
(This Section may contain text from a Public Act with a |
delayed effective date ) |
(Section scheduled to be repealed on January 1, 2021) |
Sec. 89. Comptroller Secretary ; rehearing. Whenever the |
Comptroller Secretary believes that substantial justice has |
not been done in the revocation, suspension, or refusal to |
issue or restore a license or other discipline of an applicant |
or licensee, he or she may order a rehearing by the same or |
other hearing officers.
|
(Source: P.A. 96-863, eff. 3-1-12.) |
(410 ILCS 18/90) |
(This Section may contain text from a Public Act with a |
delayed effective date ) |
(Section scheduled to be repealed on January 1, 2021) |
Sec. 90. Order or certified copy; prima facie proof. An |
order or certified copy thereof, over the seal of the |
|
Comptroller Department and purporting to be signed by the |
Comptroller Secretary , is prima facie proof that: |
(a) the signature is the genuine signature of the |
Comptroller Secretary ; |
(b) the Comptroller Secretary is duly appointed and |
qualified; and |
(c) the hearing officer is qualified to act.
|
(Source: P.A. 96-863, eff. 3-1-12.) |
(410 ILCS 18/91) |
(This Section may contain text from a Public Act with a |
delayed effective date ) |
(Section scheduled to be repealed on January 1, 2021) |
Sec. 91. Civil action and civil penalties. In addition to
|
the other penalties and remedies provided in this Act, the |
Comptroller Department may bring a civil action in the county |
of residence of the licensee or any other person to enjoin any |
violation or threatened violation of this Act. In addition to |
any other penalty provided by law, any person who violates this |
Act shall forfeit and pay a civil penalty to the Comptroller |
Department in an amount not to exceed $5,000 $10,000 for each |
violation as determined by the Comptroller Department . The |
civil penalty shall be assessed by the Comptroller Department |
in accordance with the provisions of this Act. |
Any civil penalty shall be paid within 60 days after the |
effective date of the order imposing the civil penalty. The |
|
order shall constitute a judgment and may be filed and |
execution had thereon in the same manner as any judgment from |
any court of record. All moneys collected under this Section |
shall be deposited with the Comptroller into the Cemetery |
Oversight Licensing and Disciplinary Fund .
|
(Source: P.A. 96-863, eff. 3-1-12.) |
(410 ILCS 18/92) |
(This Section may contain text from a Public Act with a |
delayed effective date ) |
(Section scheduled to be repealed on January 1, 2021) |
Sec. 92. Consent order. At any point in any investigation |
or disciplinary proceedings as provided in this Act, both |
parties may agree to a negotiated consent order. The consent |
order shall be final upon signature of the Comptroller |
Secretary .
|
(Source: P.A. 96-863, eff. 3-1-12.) |
(410 ILCS 18/94) |
(This Section may contain text from a Public Act with a |
delayed effective date ) |
(Section scheduled to be repealed on January 1, 2021) |
Sec. 94. Summary suspension of a license. The Comptroller |
Secretary may summarily suspend a license of a licensed |
crematory without a hearing, simultaneously with the |
institution of proceedings for a hearing provided for in this |
|
Act, if the Comptroller Secretary finds that evidence in the |
Comptroller's Secretary's possession indicates that the |
licensee's continued practice would constitute an imminent |
danger to the public. In the event that the Comptroller |
Secretary summarily suspends the license of a licensed |
crematory without a hearing, a hearing must be commenced within |
30 days after the suspension has occurred and concluded as |
expeditiously as practical. In the event of a summary |
suspension, the county coroner or medical examiner responsible |
for the area where the crematory is located shall make |
arrangements to dispose of any bodies in the suspended |
licensee's possession after consulting with the authorizing |
agents for those bodies.
|
(Source: P.A. 96-863, eff. 3-1-12.) |
Section 35. The Vital Records Act is amended by changing |
Sections 11 and 25 as follows:
|
(410 ILCS 535/11) (from Ch. 111 1/2, par. 73-11)
|
Sec. 11. Information required on forms.
|
(a) The form of certificates, reports, and other returns
|
required by this Act or by regulations adopted under this Act |
shall include
as a minimum the items recommended by the federal |
agency responsible for
national vital statistics, subject to |
approval of and modification by the
Department. All forms shall |
be prescribed and furnished by the
State Registrar of Vital |
|
Records.
|
(b) On and after the effective date of this amendatory Act |
of 1983,
all forms used to collect information under this Act |
which request information
concerning the race or ethnicity of |
an individual by providing spaces for
the designation of that |
individual as "white" or "black", or the semantic
equivalent |
thereof, shall provide an additional space for a designation as
|
"Hispanic".
|
(c) Effective November 1, 1990, the social security numbers |
of the
mother and father shall be collected at the time of the |
birth of the child.
These numbers shall not be recorded on the |
certificate of live
birth. The numbers may be used only for |
those purposes allowed by Federal law.
|
(d) The social security number of a person who has died |
shall be entered
on the
death certificate; however, failure to |
enter the social security number of the
person who has died on |
the
death certificate does not invalidate the death |
certificate.
|
(e) If the place of disposition of a dead human body or |
cremated remains is in a cemetery, the burial permit shall |
include the place of disposition. The place of disposition |
shall include the lot, block, section, and plot or niche , and |
depth, if applicable, where the dead human body or cremated |
remains are located. This subsection does not apply to cremated |
remains scattered in a cemetery. |
(Source: P.A. 96-863, eff. 3-1-10.)
|
|
(410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
|
Sec. 25.
In accordance with Section 24 of this Act, and the
|
regulations adopted pursuant thereto:
|
(1) The State Registrar of Vital Records shall search the |
files of birth,
death, and fetal death records, upon receipt of |
a written request and a fee
of $10 from any applicant entitled |
to such search. A search fee shall not
be required for |
commemorative birth certificates issued by the State
|
Registrar. If, upon search, the record requested is found, the |
State
Registrar shall furnish the applicant one certification |
of such record,
under the seal of such office. If the request |
is for a certified copy of
the record an additional fee of $5 |
shall be required. If the request is for
a certified copy of a |
death certificate or a fetal death certificate, an
additional |
fee of $2 is required. The additional fee shall be deposited |
into
the Death Certificate Surcharge Fund. A further fee of $2
|
shall be required for each additional certification or |
certified copy
requested. If the requested record is not found, |
the State Registrar shall
furnish the applicant a certification |
attesting to that fact, if so
requested by the applicant. A |
further fee of $2 shall be required for each
additional |
certification that no record has been found.
|
Any local registrar or county clerk shall search the files |
of birth,
death and fetal death records, upon receipt of a |
written request from any
applicant entitled to such search. If |
|
upon search the record requested
is found, such local registrar |
or county clerk shall furnish the applicant
one certification |
or certified copy of such record, under the seal of such
|
office, upon payment of the applicable fees. If the requested |
record is not
found, the local registrar or county
clerk shall |
furnish the applicant a certification attesting to that fact, |
if so
requested by the applicant and upon payment of applicable |
fee. The local
registrar or county clerk must charge a $2 fee |
for each certified copy of a
death certificate. The fee is in |
addition to any other fees that are charged
by the local |
registrar or county clerk. The additional fees must be
|
transmitted
to the State Registrar monthly and deposited into |
the Death Certificate
Surcharge Fund.
The local registrar or |
county clerk may charge fees
for providing other services for |
which the State Registrar may charge fees
under this
Section.
|
A request to any custodian of vital records for a search of |
the death
record indexes for genealogical research shall |
require a fee of $10 per name
for a 5 year search. An |
additional fee of $1 for each additional year searched
shall be |
required. If the requested record is found, one uncertified |
copy
shall be issued without additional charge.
|
Any fee received by the State Registrar pursuant to this |
Section which
is of an insufficient amount may be returned by |
the State Registrar upon
his recording the receipt of such fee |
and the reason for its return. The
State Registrar is |
authorized to maintain a 2 signature, revolving checking
|
|
account with a suitable commercial bank for the purpose of |
depositing and
withdrawing-for-return cash received and |
determined insufficient for the
service requested.
|
No fee imposed under this Section may be assessed against |
an organization
chartered by Congress that requests a |
certificate for the purpose of death
verification.
|
Any custodian of vital records, whether it may be the |
Department of Public Health, a local registrar, or a county |
clerk shall charge an additional $2 for each certified copy of |
a death certificate and that additional fee shall be collected |
on behalf of the Department of Financial and Professional |
Regulation for deposit into the Cemetery Oversight Licensing |
and Disciplinary Fund. |
(2) The certification of birth may contain only the name, |
sex,
date of birth, and place of birth, of the person to whom |
it relates, the
name, age and birthplace of the parents, and
|
the file number; and none of the other data on the certificate |
of birth
except as authorized under subsection (5) of this |
Section.
|
(3) The certification of death shall contain only the name, |
Social
Security Number, sex,
date of death, and place of death |
of the person to whom it relates, and
file number; and none of |
the other data on the certificate of death
except as authorized |
under subsection (5) of this Section.
|
(4) Certification or a certified copy of a certificate |
shall be issued:
|
|
(a) Upon the order of a court of competent |
jurisdiction; or
|
(b) In case of a birth certificate, upon the specific |
written
request for a certification or certified copy by |
the person, if of legal
age, by a parent or other legal |
representative of the person to whom the
record of birth |
relates, or by a person having a genealogical interest; or
|
(c) Upon the specific written request for a |
certification or certified
copy by a department of the |
state or a municipal corporation or the federal
government; |
or
|
(d) In case of a death or fetal death certificate, upon |
specific
written request for a certified copy by a person, |
or his duly authorized
agent, having a genealogical, |
personal or property right interest in
the record.
|
A genealogical interest shall be a proper purpose with |
respect to
births which occurred not less than 75 years and |
deaths which occurred not
less than 20 years prior to the date |
of written request. Where the purpose
of the request is a |
genealogical interest, the custodian shall stamp the
|
certification or copy with the words, FOR GENEALOGICAL PURPOSES |
ONLY.
|
(5) Any certification or certified copy issued pursuant to |
this
Section shall show the date of registration; and copies |
issued from
records marked "delayed," "amended," or "court |
order" shall be similarly
marked and show the effective date.
|
|
(6) Any certification or certified copy of a certificate |
issued in
accordance with this Section shall be considered as |
prima facie evidence
of the facts therein stated, provided that |
the evidentiary value of a
certificate or record filed more |
than one year after the event, or a
record which has been |
amended, shall be determined by the judicial or
administrative |
body or official before whom the certificate is offered
as |
evidence.
|
(7) Any certification or certified copy issued pursuant to |
this
Section shall be issued without charge when the record is |
required by
the United States Veterans Administration or by any |
accredited veterans
organization to be used in determining the |
eligibility of any person to
participate in benefits available |
from such organization. Requests for
such copies must be in |
accordance with Sections 1 and 2 of "An Act to
provide for the |
furnishing of copies of public documents to interested
|
parties," approved May 17, 1935, as now or hereafter amended.
|
(8) The National Vital Statistics Division, or any agency |
which may
be substituted therefor, may be furnished such copies |
or data as it may
require for national statistics; provided |
that the State shall be
reimbursed for the cost of furnishing |
such data; and provided further
that such data shall not be |
used for other than statistical purposes by
the National Vital |
Statistics Division, or any agency which may be
substituted |
therefor, unless so authorized by the State Registrar of
Vital |
Records.
|
|
(9) Federal, State, local, and other public or private |
agencies may,
upon request, be furnished copies or data for |
statistical purposes upon
such terms or conditions as may be |
prescribed by the Department.
|
(10) The State Registrar of Vital Records, at his |
discretion and in
the interest of promoting registration of |
births, may issue, without
fee, to the parents or guardian of |
any or every child whose birth has
been registered in |
accordance with the provisions of this Act, a special
notice of |
registration of birth.
|
(11) No person shall prepare or issue any certificate which |
purports
to be an original, certified copy, or certification of |
a certificate of
birth, death, or fetal death, except as |
authorized in this Act or
regulations adopted hereunder.
|
(12) A computer print-out of any record of birth, death or |
fetal record
that may be certified under this Section may be |
used
in place of such certification and such computer print-out |
shall have the
same legal force and effect as a certified copy |
of the document.
|
(13) The State Registrar may verify from the information |
contained in
the index maintained by the State Registrar the |
authenticity of information
on births, deaths, marriages and |
dissolution of marriages provided to a
federal agency or a |
public agency of another state by a person seeking
benefits or |
employment from the agency, provided the agency pays a fee of |
$10.
|
|
(14) The State Registrar may issue commemorative birth |
certificates to
persons eligible to receive birth certificates |
under this Section upon the
payment of a fee to be determined |
by the State Registrar.
|
(Source: P.A. 91-382, eff. 7-30-99; 92-141, eff. 7-24-01.)
|
Section 40. The Cemetery Protection Act is amended by |
changing Section .01 as follows:
|
(765 ILCS 835/.01) (from Ch. 21, par. 14.01)
|
Sec. .01. For the purposes of this Act, the term:
|
"Cemetery authority" means an individual or legal entity |
that owns or controls cemetery lands or property. |
"Cemetery manager" means an individual who is engaged in, |
or holding himself or herself out as engaged in, those |
activities involved in or incidental to supervising the |
following: the maintenance, operation, development, or |
improvement of a cemetery licensed under this Act; the |
interment of human remains; or the care, preservation, and |
embellishment of cemetery property. This definition also |
includes, without limitation, an individual that is an |
independent contractor or individuals employed or contracted |
by an independent contractor who is engaged in, or holding |
himself or herself out as engaged in, those activities involved |
in or incidental to supervising the following: the maintenance, |
operation, development, or improvement of a cemetery licensed |
|
under this Act; the interment of human remains; or the care, |
preservation, and embellishment of cemetery property.
|
"Community mausoleum" means a mausoleum owned and operated |
by a cemetery authority that contains multiple entombment |
rights sold to the public.
|
(Source: P.A. 96-863, eff. 3-1-10.)
|
Section 45. The Cemetery Association Act is amended by |
changing Section 4 as follows:
|
(805 ILCS 320/4) (from Ch. 21, par. 38)
|
(Section scheduled to be repealed on March 1, 2012) |
Sec. 4.
That said persons so receiving said certificate of
|
organization of said association shall proceed to elect from |
their own
number a board of trustees for said association, |
which said board shall
consist of not less than six (6) nor |
more than ten (10) members, as said
persons so receiving said |
certificate may determine; that said trustees
when elected |
shall immediately organize by electing from their own
|
membership a president, vice president and treasurer, and shall |
also
elect a secretary, who may or may not be a member of said |
board of
trustees, in their discretion, which said officers |
shall hold their
respective offices for and during the period |
of one (1) year, and until
their successors are duly elected |
and qualified. Said trustees when so
elected shall divide |
themselves by lot into two classes, the first of
which shall |
|
hold their offices for and during the period of three (3)
|
years, and the second of which shall hold their offices for and |
during
the period of six (6) years, and that thereafter the |
term of office of
said trustees shall be six (6) years, and |
that upon the expiration of
the term of office of any of said |
trustees, or in case of the
resignation or death or removal |
from the State of Illinois of any of
said trustees, or their |
removal from office as provided in this act, the
remaining |
trustees, or a majority of them, shall notify the presiding |
officer
of the County Board
in which said cemetery is situated, |
of such vacancy or vacancies in
writing and thereupon said |
presiding officer shall appoint some suitable
person or persons |
to fill such vacancy or vacancies; and that thereafter
the |
presiding officer of the county board in which said cemetery |
association is
located shall always appoint some suitable |
person or persons as
trustees: Provided, however, that in |
making such appointments the said
presiding officer of the |
County Board shall so exercise his power that at
least |
two-thirds (2-3)
of said trustees shall be selected from |
suitable persons residing within
fifteen (15) miles of said |
cemetery, or some part thereof, and the other
appointees may be |
suitable persons interested in said cemetery
association |
through family interments or otherwise who are citizens of
the |
State of Illinois.
|
(Source: P.A. 80-585. Repealed by P.A. 96-863, eff. 3-1-12.)
|