Public Act 098-0613
 
SB1787 EnrolledLRB098 07430 HLH 37498 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
     bSection 5. The Illinois Funeral or Burial Funds Act is 
amended  by changing Section 3a as follows:
 



    (225 ILCS 45/3a)  (from Ch. 111 1/2, par. 73.103a)



    Sec. 3a. Denial, suspension, or revocation of license. 

    (a) The Comptroller may refuse to issue or may suspend
or 
revoke a license on any of the following grounds:


        (1) The applicant or licensee has made any

    misrepresentations or false statements or concealed any

    material fact.


        (2) The applicant or licensee is insolvent.


        (3) The applicant or licensee has been engaged in

    business practices that work a fraud.


        (4) The applicant or licensee has refused to give

    pertinent data to the Comptroller.


        (5) The applicant or licensee has failed to satisfy
any 
    enforceable judgment or decree rendered by any court
of 
    competent jurisdiction against the applicant.


        (6) The applicant or licensee has conducted or is
about 
    to conduct business in a fraudulent manner.


        (7) The trust agreement is
not in compliance with State 
    or federal law.


        (8) The fidelity bond is not satisfactory to the

    Comptroller.


        (9) As to any individual required to be listed in the 
    license application,
the individual has
conducted or is 
    about to conduct any business on behalf
of the applicant in 
    a fraudulent manner; has been
convicted of any felony or 
    misdemeanor, an essential
element of which is fraud; has 
    had a judgment rendered
against him or her based on fraud 
    in any civil
litigation; has failed to satisfy any 
    enforceable
judgment or decree rendered against him or her 
    by any
court of competent jurisdiction; or has been 
    convicted
of any felony or any theft-related offense.


        (10) The applicant or licensee, including any member,

    officer, or director thereof if the applicant or
licensee 
    is a firm, partnership, association or
corporation and any 
    shareholder holding more than 10% of
the corporate stock, 
    has violated any provision of this
Act or any regulation, 
    decision, order, or finding made
by the Comptroller under 
    this Act.


        (11) The Comptroller finds any fact or condition

    existing which, if it had existed at the time of the

    original application for such license, would have

    warranted the Comptroller in refusing the issuance of
the 
    license.

        (12) If an applicant or licensee engages in a lockout, 
    as defined in the Employment of Strikebreakers Act, and the 
    Comptroller has reason to believe the lockout is negatively 
    impacting the consumer. 
    (b) Before refusal to issue or renew and before suspension 
or
revocation of a
license, the Comptroller shall hold a 
hearing to determine whether the
applicant or licensee, 
hereinafter referred to as the respondent, is entitled
to hold 
such a license.  At  least 10 days prior to the date set for such

hearing, the Comptroller shall notify the respondent in writing 
that on the
date designated a hearing will be held to determine 
his eligibility for a
license and that he may appear in person 
or by counsel.  Such 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 his
latest 
notification to the Comptroller.  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 
charges or to any defense thereto.  The
Comptroller may 
reasonably continue such 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 
allowances as prescribed in judicial proceedings
in civil 
cases.

    Any authorized agent of the Comptroller may administer 
oaths to witnesses
at any hearing which the Comptroller is 
authorized to conduct.

(Source: P.A. 92-419, eff. 1-1-02.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.