HB1528 95TH GENERAL ASSEMBLY

LRB095 10566 AJO 30787 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1528

Introduced 2/22/2007, by Rep. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:

760 ILCS 100/2b new
760 ILCS 100/10	from Ch. 21, par. 64.10
765 ILCS 835/1.5 new

Amends the Cemetery Care Act and Cemetery Protection Act. Provides that a license application shall not be approved if an applicant or anyone listed in the license application has been convicted of a forcible felony. Provides that it is unlawful for any person convicted of a "forcible felony" to acquire, maintain, participate in, or have whole or partial ownership of a cemetery or cemetery authority. Provides that a person convicted of a forcible felony who maintains, participates in, or has an ownership interest on the effective date of this amendatory Act of the 95th General Assembly shall cease participation in and divest himself or herself of the ownership in the cemetery authority within 6 months of the effective date of this amendatory Act of the 95th General Assembly. Amends the Cemetery Protection Act. Provides that it is unlawful for any person convicted of a "forcible felony" to acquire, maintain, participate in or have whole or partial ownership of a cemetery or cemetery authority. Provides that a person convicted of a forcible felony who maintains, participates in, or has an ownership interest on the effective date of this amendatory Act of the 95th General Assembly shall cease participation in and divest himself or herself of the ownership in the cemetery association, cemetery authority, or cemetery society within 6 months of the effective date of the amendatory Act.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Cemetery Care Act is amended by adding Section 2b and by changing Section 10 as follows:

(760 ILCS 100/2b new)

Sec. 2b. It is unlawful for any person convicted of a "forcible felony", as defined in Section 2-8 of the Criminal Code of 1961 to acquire, maintain, participate in or have partial or whole ownership of a cemetery authority. Any person convicted of a forcible felony who maintains, participates in, or has an ownership interest on the effective date of this amendatory Act of the 95th General Assembly shall cease participation in and divest himself or herself of the ownership in the cemetery authority within 6 months of the effective date of this amendatory Act of the 95th General Assembly.

(760 ILCS 100/10) (from Ch. 21, par. 64.10)

Sec. 10. Upon receipt of such application for license, the Comptroller shall issue a license to the applicant unless the Comptroller determines that:

(a) The applicant has made any misrepresentations or false statements or has concealed any essential or material fact, or

(b) The applicant is insolvent; or

(c) The applicant is or has been using practices in the conducting of the cemetery business that work or tend to work a fraud; or

(d) The applicant has refused to furnish or give pertinent data to the Comptroller; or

(e) The applicant has failed to notify the Comptroller with respect to any material facts required in the application for license under the provisions of this Act; or

(f) The applicant has failed to satisfy any enforceable judgment entered by the circuit court in any civil proceedings against such applicant; or

(g) The applicant has conducted or is about to conduct its business in a fraudulent manner; or

(h) The applicant or any individual listed in the license application has conducted or is about to conduct any business on behalf of the applicant in a fraudulent manner; or has been convicted of a felony or any misdemeanor of which an essential element is fraud; or has been involved in any civil litigation in which a judgment has been entered against him or her based on fraud; or has failed to satisfy any enforceable judgment entered by the circuit court in any civil proceedings against such individual; or has been convicted of any felony of which fraud is an essential element; or has been convicted of any theft-related offense; or has been convicted of a forcible felony as defined in Section 2-8 of the Criminal Code of 1961; or has failed to comply with the requirements of this Act; or has demonstrated a pattern of improperly failing to honor a contract with a consumer; or

(i) The applicant has ever had a license involving cemeteries or funeral homes revoked, suspended, or refused to be issued in Illinois or elsewhere.

If the Comptroller so determines, then he or she shall conduct a hearing to determine whether to deny the application. However, no application shall be denied unless the applicant has had at least 10 days' notice of a hearing on the application and an opportunity to be heard thereon. If the application is denied, the Comptroller shall within 20 days thereafter prepare and keep on file in his or her office the transcript of the evidence taken and a written order of denial thereof, which shall contain his or her findings with respect thereto and the reasons supporting the denial, and shall send by United States mail a copy of the written order of denial to the applicant at the address set forth in the application, within 5 days after the filing of such order. A review of such decision may be had as provided in Section 20 of this Act.

The license issued by the Comptroller shall remain in full force and effect until it is surrendered by the licensee or revoked by the Comptroller as hereinafter provided.

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

Section 10. The Cemetery Protection Act is amended by adding Section 1.5 as follows:

(765 ILCS 835/1.5 new)

Sec. 1.5. It is unlawful for any person convicted of a "forcible felony", as defined in Section 2-8 of the Criminal Code of 1961, to acquire, maintain, participate in or have partial or whole ownership of a cemetery association, cemetery authority, or cemetery society. Any person convicted of a forcible felony who maintains, participates in, or has an ownership interest on the effective date of this amendatory Act of the 95th General Assembly shall cease participation in and divest himself or herself of the ownership in the cemetery association, cemetery authority, or cemetery society within 6 months of the effective date of this amendatory Act of the 95th General Assembly.