Sen. Donne E. Trotter
Filed: 1/12/2010
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1 | AMENDMENT TO HOUSE BILL 1188
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2 | AMENDMENT NO. ______. Amend House Bill 1188, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Article 5. | ||||||
6 | General Provisions | ||||||
7 | Section 5-1. Short title. This Act may be cited as the | ||||||
8 | Cemetery Oversight Act. | ||||||
9 | Section 5-5. Findings and purpose. The citizens of | ||||||
10 | Illinois have a compelling interest in the expectation that | ||||||
11 | their loved ones will be treated with the same dignity and | ||||||
12 | respect in death as they are entitled to be treated in life. | ||||||
13 | The laws of the State should provide adequate protection in | ||||||
14 | upholding the sanctity of the handling and disposition of human | ||||||
15 | remains and the preservation of final resting places, but |
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1 | without unduly restricting family, ethnic, cultural, and | ||||||
2 | religious traditions. The purpose of this Act is to ensure that | ||||||
3 | the deceased be accorded equal treatment and respect for human | ||||||
4 | dignity without reference to ethnic origins, cultural | ||||||
5 | backgrounds, or religious affiliations. | ||||||
6 | Section 5-10. Declaration of public policy. The practice | ||||||
7 | of cemetery operation in the State of Illinois is hereby | ||||||
8 | declared to affect the public health, safety, and well-being of | ||||||
9 | its citizens and to be subject to regulation and control in the | ||||||
10 | public interest. It is further declared that cemetery | ||||||
11 | operation, as defined in this Act, should merit the confidence | ||||||
12 | of the public and that only qualified persons shall be | ||||||
13 | authorized to own, operate, manage, or otherwise control a | ||||||
14 | cemetery in the State of Illinois. This Act shall be liberally | ||||||
15 | construed to best carry out this purpose. | ||||||
16 | Section 5-15. Definitions. In this Act: | ||||||
17 | "Address of record" means the designated address recorded | ||||||
18 | by the Department in the applicant's or licensee's application | ||||||
19 | file or license file. It is the duty of the applicant or | ||||||
20 | licensee to inform the Department of any change of address | ||||||
21 | within 14 days either through the Department's website or by | ||||||
22 | contacting the Department's licensure maintenance unit. The | ||||||
23 | address of record for a cemetery authority shall be the | ||||||
24 | permanent street address of the cemetery. |
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1 | "Applicant" means a person applying for licensure under | ||||||
2 | this Act as a cemetery authority, cemetery manager, or customer | ||||||
3 | service employee. Any applicant or any person who holds himself | ||||||
4 | or herself out as an applicant is considered a licensee for | ||||||
5 | purposes of enforcement, investigation, hearings, and the | ||||||
6 | Illinois Administrative Procedure Act. | ||||||
7 | "Burial permit" means a permit for the disposition of a | ||||||
8 | dead human body that is filed with the Illinois Department of | ||||||
9 | Public Health. | ||||||
10 | "Care" means the maintenance of a cemetery and of the lots, | ||||||
11 | graves, crypts, niches, family mausoleums, memorials, and | ||||||
12 | markers therein, including: (i) the cutting and trimming of | ||||||
13 | lawn, shrubs, and trees at reasonable intervals; (ii) keeping | ||||||
14 | in repair the drains, water lines, roads, buildings, fences, | ||||||
15 | and other structures, in keeping with a well-maintained | ||||||
16 | cemetery as provided for in Section 20-5 of this Act and | ||||||
17 | otherwise as required by rule; (iii) maintenance of machinery, | ||||||
18 | tools, and equipment for such care; (iv) compensation of | ||||||
19 | cemetery workers, any discretionary payment of insurance | ||||||
20 | premiums, and any reasonable payments for workers' pension and | ||||||
21 | other benefits plans; and (v) the payment of expenses necessary | ||||||
22 | for such purposes and for maintaining necessary records of lot | ||||||
23 | ownership, transfers, and burials. | ||||||
24 | "Care funds", as distinguished from receipts from annual | ||||||
25 | charges or gifts for current or annual care, means any realty | ||||||
26 | or personalty impressed with a trust by the terms of any gift, |
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1 | grant, contribution, payment, legacy, or pursuant to contract, | ||||||
2 | accepted by any cemetery authority or by any trustee, licensee, | ||||||
3 | agent, or custodian for the same, under Article 15 of this Act, | ||||||
4 | and any income accumulated therefrom, where legally so directed | ||||||
5 | by the terms of the transaction by which the principal was | ||||||
6 | established. | ||||||
7 | "Cemetery" means any land or structure in this State | ||||||
8 | dedicated to and used, or intended to be used, for the | ||||||
9 | interment, inurnment, or entombment of human remains. | ||||||
10 | "Cemetery association" means an association of 6 or more | ||||||
11 | persons, and their successors in trust, who have received | ||||||
12 | articles of organization from the Secretary of State to operate | ||||||
13 | a cemetery; the articles of organization shall be in perpetuity | ||||||
14 | and in trust for the use and benefit of all persons who may | ||||||
15 | acquire burial lots in a cemetery. | ||||||
16 | "Cemetery authority" means any individual or legal entity | ||||||
17 | that owns or controls cemetery lands or property. | ||||||
18 | "Cemetery manager" means an individual who is engaged in, | ||||||
19 | or responsible for, or holding himself or herself out as | ||||||
20 | engaged in, those activities involved in or incidental to | ||||||
21 | supervising the following: the maintenance, operation, | ||||||
22 | development, or improvement of a cemetery licensed under this | ||||||
23 | Act; the interment of human remains; or the care, preservation, | ||||||
24 | and embellishment of cemetery property. This definition | ||||||
25 | includes, without limitation, an employee, an individual that | ||||||
26 | is an independent contractor, an individual employed or |
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1 | contracted by an independent contractor, a third-party vendor, | ||||||
2 | or an individual employed or contracted by a third-party vendor | ||||||
3 | who is engaged in, or holding himself or herself out as engaged | ||||||
4 | in, those activities involved in or incidental to supervising | ||||||
5 | the following: the maintenance, operation, development, or | ||||||
6 | improvement of a cemetery licensed under this Act; the | ||||||
7 | interment of human remains; or the care, preservation, and | ||||||
8 | embellishment of cemetery property. | ||||||
9 | "Cemetery operation" means to engage or attempt to engage | ||||||
10 | in the interment, inurnment, or entombment of human remains or | ||||||
11 | to engage in or attempt to engage in the care of a cemetery. | ||||||
12 | "Cemetery Oversight Database" means a database certified | ||||||
13 | by the Department as effective in tracking the interment, | ||||||
14 | entombment, or inurnment of human remains.
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15 | "Cemetery worker" means any individual, including an | ||||||
16 | employee, an independent contractor, an individual employed or | ||||||
17 | contracted by an independent contractor, a third-party vendor, | ||||||
18 | or an individual employed or contracted by a third-party | ||||||
19 | vendor, who performs any work at the cemetery. | ||||||
20 | "Certificate of organization" means the document received | ||||||
21 | by a cemetery association from the Secretary of State that | ||||||
22 | indicates that the cemetery association shall be deemed fully | ||||||
23 | organized as a body corporate under the name adopted and in its | ||||||
24 | corporate name may sue and be sued. | ||||||
25 | "Comptroller" means the Comptroller of the State of | ||||||
26 | Illinois. |
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1 | "Consumer" means a person, or the persons given priority | ||||||
2 | for the disposition of an individual's remains under the | ||||||
3 | Disposition of Remains Act, who purchases or is considering | ||||||
4 | purchasing cemetery, burial, or cremation products or services | ||||||
5 | from a cemetery authority or crematory authority, whether for | ||||||
6 | themselves or for another person. | ||||||
7 | "Customer service employee" means an individual who has | ||||||
8 | direct contact with consumers and explains cemetery | ||||||
9 | merchandise or services or negotiates, develops, or finalizes | ||||||
10 | contracts with consumers. This definition includes, without | ||||||
11 | limitation, an employee, an individual that is an independent | ||||||
12 | contractor, an individual that is employed or contracted by an | ||||||
13 | independent contractor, a third-party vendor, or an individual | ||||||
14 | that is employed or contracted by a third-party vendor, who has | ||||||
15 | direct contact with consumers and explains cemetery | ||||||
16 | merchandise or services or negotiates, develops, or finalizes | ||||||
17 | contracts with consumers. This definition does not include an | ||||||
18 | employee, an individual that is an independent contractor or an | ||||||
19 | individual that is employed or contracted by an independent | ||||||
20 | contractor, a third party vendor, or an individual that is | ||||||
21 | employed or contracted by a third party vendor, who merely | ||||||
22 | provides a printed cemetery list to a consumer, processes | ||||||
23 | payment from a consumer, or performs sales functions related | ||||||
24 | solely to incidental merchandise like flowers, souvenirs, or | ||||||
25 | other similar items. | ||||||
26 | "Department" means the Department of Financial and |
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1 | Professional Regulation. | ||||||
2 | "Employee" means an individual who works for a cemetery | ||||||
3 | authority where the cemetery authority has the right to control | ||||||
4 | what work is performed and the details of how the work is | ||||||
5 | performed regardless of whether federal or State payroll taxes | ||||||
6 | are withheld. | ||||||
7 | "Entombment right" means the right to place individual | ||||||
8 | human remains or individual cremated human remains in a | ||||||
9 | specific mausoleum crypt or lawn crypt selected by a consumer | ||||||
10 | for use as a final resting place. | ||||||
11 | "Family burying ground" means a cemetery in which no lots | ||||||
12 | are sold to the public and in which interments are restricted | ||||||
13 | to the immediate family or a group of individuals related to | ||||||
14 | each other by blood or marriage. | ||||||
15 | "Full exemption" means an exemption granted to a cemetery | ||||||
16 | authority pursuant to subsection (a) of Section 5-20. | ||||||
17 | "Funeral director" means a funeral director as defined by | ||||||
18 | the Funeral Directors and Embalmers Licensing Code. | ||||||
19 | "Grave" means a space of ground in a cemetery used or | ||||||
20 | intended to be used for burial. | ||||||
21 | "Green burial or cremation disposition" means burial or | ||||||
22 | cremation practices that reduce the greenhouse gas emissions, | ||||||
23 | waste, and toxic chemicals ordinarily created in burial or | ||||||
24 | cremation or, in the case of greenhouse gas emissions, mitigate | ||||||
25 | or offset emissions. Such practices include standards for | ||||||
26 | burial or cremation certified by the Green Burial Council or |
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1 | any other organization or method that the Department may name | ||||||
2 | by rule. | ||||||
3 | "Immediate family" means the designated agent of a person | ||||||
4 | or the persons given priority for the disposition of a person's | ||||||
5 | remains under the Disposition of Remains Act and shall include | ||||||
6 | a person's spouse, parents, grandparents, children, | ||||||
7 | grandchildren and siblings. | ||||||
8 | "Imputed value" means the retail price of comparable rights | ||||||
9 | within the same or similar area of the cemetery. | ||||||
10 | "Independent contractor" means a person who performs work | ||||||
11 | for a cemetery authority where the cemetery authority has the | ||||||
12 | right to control or direct only the result of the work and not | ||||||
13 | the means and methods of accomplishing the result. | ||||||
14 | "Individual" means a natural person. | ||||||
15 | "Interment right" means the right to place individual human | ||||||
16 | remains or cremated human remains in a specific underground | ||||||
17 | location selected by a consumer for use as a final resting | ||||||
18 | place. | ||||||
19 | "Inurnment right" means the right to place individual | ||||||
20 | cremated human remains in a specific niche selected by the | ||||||
21 | consumer for use as a final resting place. | ||||||
22 | "Investment Company Act of 1940" means Title 15 of the | ||||||
23 | United States Code, Sections 80a-1 to 80a-64, inclusive, as | ||||||
24 | amended. | ||||||
25 | "Investment company" means any issuer (a) whose securities | ||||||
26 | are purchasable only with care funds or trust funds, or both; |
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1 | (b) that is an open and diversified management company as | ||||||
2 | defined in and registered under the Investment Company Act of | ||||||
3 | 1940; and (c) that has entered into an agreement with the | ||||||
4 | Department containing such provisions as the Department by | ||||||
5 | regulation requires for the proper administration of this Act. | ||||||
6 | "Lawn crypt" means a permanent underground crypt installed | ||||||
7 | in multiple units for the interment of human remains. | ||||||
8 | "Licensee" means a person licensed under this Act as a | ||||||
9 | cemetery authority, cemetery manager, or customer service | ||||||
10 | employee. Anyone who holds himself or herself out as a licensee | ||||||
11 | or who is accused of unlicensed practice is considered a | ||||||
12 | licensee for purposes of enforcement, investigation, hearings, | ||||||
13 | and the Illinois Administrative Procedure Act. This definition | ||||||
14 | does not include a cemetery worker. | ||||||
15 | "Mausoleum crypt" means a space in a mausoleum used or | ||||||
16 | intended to be used, above or under ground, to entomb human | ||||||
17 | remains. | ||||||
18 | "Niche" means a space in a columbarium or mausoleum used, | ||||||
19 | or intended to be used, for inurnment of cremated human | ||||||
20 | remains. | ||||||
21 | "Partial exemption" means an exemption granted to a | ||||||
22 | cemetery authority pursuant to subsection (b) of Section 5-20. | ||||||
23 | "Parcel identification number" means a unique number | ||||||
24 | assigned to a grave, plot, crypt, or niche that enables the | ||||||
25 | Department to ascertain the precise location of a decedent's | ||||||
26 | remains interred, entombed, or inurned after the effective date |
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1 | of this Act. | ||||||
2 | "Person" means any individual, firm, partnership, | ||||||
3 | association, corporation, limited liability company, trustee, | ||||||
4 | government or political subdivision, or other entity. | ||||||
5 | "Public cemetery" means a cemetery owned, operated, | ||||||
6 | controlled, or managed by the federal government, by any state, | ||||||
7 | county, city, village, incorporated town, township, | ||||||
8 | multi-township, public cemetery district, or other municipal | ||||||
9 | corporation, political subdivision, or instrumentality thereof | ||||||
10 | authorized by law to own, operate, or manage a cemetery. | ||||||
11 | "Religious cemetery" means a cemetery owned, operated, | ||||||
12 | controlled, or managed by any recognized church, religious | ||||||
13 | society, association, or denomination, or by any cemetery | ||||||
14 | authority or any corporation administering, or through which is | ||||||
15 | administered, the temporalities of any recognized church, | ||||||
16 | religious society, association, or denomination. | ||||||
17 | "Secretary" means the Secretary of Financial and | ||||||
18 | Professional Regulation. | ||||||
19 | "Term burial" means a right of interment sold to a consumer | ||||||
20 | in which the cemetery authority retains the right to disinter | ||||||
21 | and relocate the remains, subject to the provisions of | ||||||
22 | subsection (d) of Section 35-15 of this Act. | ||||||
23 | "Trustee" means any person authorized to hold funds under | ||||||
24 | this Act. | ||||||
25 | "Unique personal identifier" means the parcel | ||||||
26 | identification number in addition to the term of burial in |
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1 | years; the numbered level or depth in the grave, plot, crypt, | ||||||
2 | or niche; and the year of death for human remains interred, | ||||||
3 | entombed, or inurned after the effective date of this Act. | ||||||
4 | Section 5-20. Exemptions.
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5 | (a) Notwithstanding any provision of law to the contrary, | ||||||
6 | this Act does not apply to (1) any cemetery authority operating | ||||||
7 | as a family burying ground, (2) any cemetery authority that has | ||||||
8 | not engaged in an interment, inurnment, or entombment of human | ||||||
9 | remains within the last 10 years and does not accept or | ||||||
10 | maintain care funds, or (3) any cemetery authority that is less | ||||||
11 | than 2 acres and does not accept or maintain care funds. For | ||||||
12 | purposes of determining the applicability of this subsection, | ||||||
13 | the number of interments, inurnments, and entombments shall be | ||||||
14 | aggregated for each calendar year. A cemetery authority | ||||||
15 | claiming a full exemption shall apply for exempt status as | ||||||
16 | provided for in Article 10 of this Act. A cemetery authority | ||||||
17 | that performs activities that would disqualify it from a full | ||||||
18 | exemption is required to apply for licensure within one year | ||||||
19 | following the date on which its activities would disqualify it | ||||||
20 | for a full exemption. A cemetery authority that previously | ||||||
21 | qualified for and maintained a full exemption that fails to | ||||||
22 | timely apply for licensure shall be deemed to have engaged in | ||||||
23 | unlicensed practice and shall be subject to discipline in | ||||||
24 | accordance with Article 25 of this Act. | ||||||
25 | (b) Notwithstanding any provision of law to the contrary, a |
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1 | cemetery authority that does not qualify for a full exemption | ||||||
2 | that is operating as a cemetery authority (i) that engages in | ||||||
3 | 25 or fewer interments, inurnments, or entombments of human | ||||||
4 | remains for each of the preceding 2 calendar years and does not | ||||||
5 | accept or maintain care funds, (ii) that is operating as a | ||||||
6 | public cemetery, or (iii) that is operating as a religious | ||||||
7 | cemetery is exempt from this Act, but is required to comply | ||||||
8 | with Sections 20-5(a), 20-5(b), 20-5(b-5), 20-5(c), 20-5(d), | ||||||
9 | 20-6, 20-8, 20-10, 20-11, 20-12, 20-30, 25-3, and 25-120 and | ||||||
10 | Article 35 of this Act. Cemetery authorities claiming a partial | ||||||
11 | exemption shall apply for the partial exemption as provided in | ||||||
12 | Article 10 of this Act. A cemetery authority that changes to a | ||||||
13 | status that would disqualify it from a partial exemption is | ||||||
14 | required to apply for licensure within one year following the | ||||||
15 | date on which it changes its status. A cemetery authority that | ||||||
16 | maintains a partial exemption that fails to timely apply for | ||||||
17 | licensure shall be deemed to have engaged in unlicensed | ||||||
18 | practice and shall be subject to discipline in accordance with | ||||||
19 | Article 25 of this Act.
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20 | (c) Nothing in this Act applies to the City of Chicago in | ||||||
21 | its exercise of its powers under the O'Hare Modernization Act | ||||||
22 | or limits the authority of the City of Chicago to acquire | ||||||
23 | property or otherwise exercise its powers under the O'Hare | ||||||
24 | Modernization Act, or requires the City of Chicago, or any | ||||||
25 | person acting on behalf of the City of Chicago, to comply with | ||||||
26 | the licensing, regulation, investigation, or mediation |
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1 | requirements of this Act in exercising its powers under the | ||||||
2 | O'Hare Modernization Act. | ||||||
3 | Section 5-25. Powers of the Department. Subject to the | ||||||
4 | provisions of this Act, the Department may exercise the | ||||||
5 | following powers: | ||||||
6 | (1) Authorize written examinations to ascertain the | ||||||
7 | qualifications and fitness of applicants for licensing as a | ||||||
8 | licensed cemetery manager or as a customer service employee to | ||||||
9 | ascertain whether they possess the requisite level of knowledge | ||||||
10 | for such position. | ||||||
11 | (2) Examine and audit a licensed cemetery authority's care | ||||||
12 | funds, records from any year, and records of care funds from | ||||||
13 | any year, or any other aspects of cemetery operation as the | ||||||
14 | Department deems appropriate. | ||||||
15 | (3) Investigate any and all cemetery-related activity. | ||||||
16 | (4) Conduct hearings on proceedings to refuse to issue or | ||||||
17 | renew licenses or to revoke, suspend, place on probation, | ||||||
18 | reprimand, or otherwise discipline a license under this Act or | ||||||
19 | take other non-disciplinary action. | ||||||
20 | (5) Adopt reasonable rules required for the administration | ||||||
21 | of this Act. | ||||||
22 | (6) Prescribe forms to be issued for the administration and | ||||||
23 | enforcement of this Act. | ||||||
24 | (7) Maintain rosters of the names and addresses of all | ||||||
25 | licensees and all persons whose licenses have been suspended, |
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1 | revoked, denied renewal, or otherwise disciplined within the | ||||||
2 | previous calendar year. These rosters shall be available upon | ||||||
3 | written request and payment of the required fee as established | ||||||
4 | by rule. | ||||||
5 | Article 10. | ||||||
6 | Licensing and Registration Provisions | ||||||
7 | Section 10-5. Restrictions and limitations. No person | ||||||
8 | shall, without a valid license issued by the Department, (i) | ||||||
9 | hold himself or herself out in any manner to the public as a | ||||||
10 | licensed cemetery authority, licensed cemetery manager, or | ||||||
11 | customer service employee; (ii) attach the title "licensed | ||||||
12 | cemetery authority", "licensed cemetery manager", or "licensed | ||||||
13 | customer service employee" to his or her name; (iii) render or | ||||||
14 | offer to render services constituting the practice of cemetery | ||||||
15 | operation; or (iv) accept care funds within the meaning of this | ||||||
16 | Act or otherwise hold funds for care and maintenance unless | ||||||
17 | such person is holding and managing funds on behalf of a | ||||||
18 | cemetery authority and is authorized to conduct a trust | ||||||
19 | business under the Corporate Fiduciary Act or the federal | ||||||
20 | National Bank Act. | ||||||
21 | Section 10-10. Persons licensed under the Cemetery Care Act | ||||||
22 | or Cemetery Association Act. A person acting as a licensed | ||||||
23 | cemetery authority under the Cemetery Care Act or Cemetery |
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1 | Association Act prior to their repeal on March 1, 2012 must | ||||||
2 | comply with those Acts until the Department takes action on the | ||||||
3 | person's application for a cemetery authority license in | ||||||
4 | accordance with this Act. The application for a cemetery | ||||||
5 | authority license under this Article must be submitted to the | ||||||
6 | Department within 9 months after the effective date of this | ||||||
7 | Act. If the person fails to submit the application within this | ||||||
8 | period, then the person shall be considered to be engaged in | ||||||
9 | unlicensed practice and shall be subject to discipline in | ||||||
10 | accordance with Article 25 of this Act. | ||||||
11 | Section 10-15. Persons not licensed under the Cemetery Care | ||||||
12 | Act or the Cemetery Association Act.
A cemetery manager, a | ||||||
13 | customer service employee, or a person acting as a cemetery | ||||||
14 | authority who was not required to obtain licensure prior to the | ||||||
15 | effective date of this Act need not comply with the licensure | ||||||
16 | requirement in this Article until the Department takes action | ||||||
17 | on the person's application for a license. The application for | ||||||
18 | a cemetery authority license must be submitted to the | ||||||
19 | Department within 6 months after the effective date of this | ||||||
20 | Act. For cemetery managers already employed by a cemetery | ||||||
21 | authority at the time of cemetery authority application for | ||||||
22 | licensure, the application for a cemetery manager license must | ||||||
23 | be submitted at the same time as the original application for | ||||||
24 | licensure as a cemetery authority pursuant to this Section or | ||||||
25 | Section 10-10, whichever the case may be. Any applicant for |
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1 | licensure as a cemetery manager of a cemetery authority that is | ||||||
2 | already licensed under this Act or that has a pending | ||||||
3 | application for licensure under this Act must submit his or her | ||||||
4 | application to the Department on or before his or her first day | ||||||
5 | of employment. The application for a customer service employee | ||||||
6 | license must be submitted to the Department within 10 days | ||||||
7 | after the cemetery authority for which he or she works becomes | ||||||
8 | licensed under this Act or on or before his or her first day of | ||||||
9 | employment, whichever the case may be. If the person fails to | ||||||
10 | submit the application within the required period, the person | ||||||
11 | shall be considered to be engaged in unlicensed practice and | ||||||
12 | shall be subject to discipline in accordance with Article 25 of | ||||||
13 | this Act. | ||||||
14 | Section 10-20. Application for original license or | ||||||
15 | exemption. | ||||||
16 | (a) Applications for original licensure as a cemetery | ||||||
17 | authority, cemetery manager, or customer service employee | ||||||
18 | authorized by this Act, or application for exemption from | ||||||
19 | licensure as a cemetery authority, shall be made to the | ||||||
20 | Department on forms prescribed by the Department, which shall | ||||||
21 | include the applicant's Social Security number or FEIN number, | ||||||
22 | or both, and shall be accompanied by the required fee as set by | ||||||
23 | rule. Applications for partial or full exemption from licensure | ||||||
24 | as a cemetery authority shall be submitted to the Department | ||||||
25 | within 12 months after the Department adopts rules under this |
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1 | Act. If the person fails to submit the application for partial | ||||||
2 | or full exemption within this period, the person shall be | ||||||
3 | subject to discipline in accordance with Article 25 of this | ||||||
4 | Act. If a cemetery authority seeks to practice at more than one | ||||||
5 | location, it shall meet all licensure requirements at each | ||||||
6 | location as required by this Act and by rule, including | ||||||
7 | submission of an application and fee. A person licensed as a | ||||||
8 | cemetery manager or customer service employee need not submit a | ||||||
9 | Worker's Statement in accordance with Section 10-22 of this | ||||||
10 | Act. | ||||||
11 | (b) If the application for licensure as a cemetery | ||||||
12 | authority does not claim a full exemption or partial exemption, | ||||||
13 | then the cemetery authority license application shall be | ||||||
14 | accompanied by a fidelity bond, proof of self-insurance, or | ||||||
15 | letter of credit in the amount required by rule. Such bond, | ||||||
16 | self-insurance, or letter of credit shall run to the Department | ||||||
17 | for the benefit of the care funds held by such cemetery | ||||||
18 | authority or by the trustee of the care funds of such cemetery | ||||||
19 | authority. If care funds of a cemetery authority are held by | ||||||
20 | any entity authorized to do a trust business under the | ||||||
21 | Corporate Fiduciary Act or held by an investment company, then | ||||||
22 | the Department shall waive the requirement of a bond, | ||||||
23 | self-insurance, or letter of credit as established by rule. If | ||||||
24 | the Department finds at any time that the bond, self-insurance | ||||||
25 | or letter of credit is insecure or exhausted or otherwise | ||||||
26 | doubtful, then an additional bond, form of self-insurance, or |
| |||||||
| |||||||
1 | letter of credit in like amount to be approved by the | ||||||
2 | Department shall be filed by the cemetery authority applicant | ||||||
3 | or licensee within 30 days after written demand is served upon | ||||||
4 | the applicant or licensee by the Department. In addition, if | ||||||
5 | the cemetery authority application does not claim a full | ||||||
6 | exemption or partial exemption, then the license application | ||||||
7 | shall be accompanied by proof of liability insurance, proof of | ||||||
8 | self-insurance, or a letter of credit in the amount required by | ||||||
9 | rule. The procedure by which claims on the liability insurance, | ||||||
10 | self-insurance, or letter of credit are made and paid shall be | ||||||
11 | determined by rule. Any bond obtained pursuant to this | ||||||
12 | subsection shall be issued by a bonding company authorized to | ||||||
13 | do business in this State. Any letter of credit obtained | ||||||
14 | pursuant to this subsection shall be issued by a financial | ||||||
15 | institution authorized to do business in this State. | ||||||
16 | Maintaining the bonds, self-insurance, or letters of credit | ||||||
17 | required under this subsection is a continuing obligation for | ||||||
18 | licensure. A bonding company may terminate a bond, a financial | ||||||
19 | institution may terminate a letter of credit, or an insurance | ||||||
20 | company may terminate liability insurance and avoid further | ||||||
21 | liability by filing a 60-day notice of termination with the | ||||||
22 | Department and at the same time sending the same notice to the | ||||||
23 | cemetery authority. | ||||||
24 | (c) After initial licensure, if any person comes to obtain | ||||||
25 | at least 51% of the ownership over the licensed cemetery | ||||||
26 | authority, then the cemetery authority shall have to apply for |
| |||||||
| |||||||
1 | a new license and receive licensure in the required time as set | ||||||
2 | by rule. The current license remains in effect until the | ||||||
3 | Department takes action on the application for a new license. | ||||||
4 | (d) All applications shall contain the information that, in | ||||||
5 | the judgment of the Department, will enable the Department to | ||||||
6 | pass on the qualifications of the applicant for an exemption | ||||||
7 | from licensure or for a license to practice as a cemetery | ||||||
8 | authority, cemetery manager, or customer service employee as | ||||||
9 | set by rule. | ||||||
10 | Section 10-21. Qualifications for licensure. | ||||||
11 | (a) A cemetery authority shall apply for licensure on forms | ||||||
12 | prescribed by the Department and pay the required fee. An | ||||||
13 | applicant is qualified for licensure as a cemetery authority if | ||||||
14 | the applicant meets all of the following qualifications: | ||||||
15 | (1) The applicant is of good moral character and has | ||||||
16 | not committed any act or offense in any jurisdiction that | ||||||
17 | would constitute the basis for discipline under this Act. | ||||||
18 | In determining good moral character, the Department shall | ||||||
19 | take into consideration the following: | ||||||
20 | (A) the applicant's record of compliance with the | ||||||
21 | Code of Professional Conduct and Ethics, and whether | ||||||
22 | the applicant has been found to have engaged in any | ||||||
23 | unethical or dishonest practices in the cemetery | ||||||
24 | business; | ||||||
25 | (B) whether the applicant has been adjudicated, |
| |||||||
| |||||||
1 | civilly or criminally, to have committed fraud or to | ||||||
2 | have violated any law of any state involving unfair | ||||||
3 | trade or business practices, has been convicted of a | ||||||
4 | misdemeanor of which fraud is an essential element or | ||||||
5 | which involves any aspect of the cemetery business, or | ||||||
6 | has been convicted of any felony; | ||||||
7 | (C) whether the applicant has willfully violated | ||||||
8 | any provision of this Act or a predecessor law or any | ||||||
9 | regulations relating thereto; | ||||||
10 | (D) whether the applicant has been permanently or | ||||||
11 | temporarily suspended, enjoined, or barred by any | ||||||
12 | court of competent jurisdiction in any state from | ||||||
13 | engaging in or continuing any conduct or practice | ||||||
14 | involving any aspect of the cemetery or funeral | ||||||
15 | business; and | ||||||
16 | (E) whether the applicant has ever had any license | ||||||
17 | to practice any profession or occupation suspended, | ||||||
18 | denied, fined, or otherwise acted against or | ||||||
19 | disciplined by the applicable licensing authority. | ||||||
20 | If the applicant is a corporation, limited liability | ||||||
21 | company, partnership, or other entity permitted by law, | ||||||
22 | then each principal, owner, member, officer, and | ||||||
23 | shareholder holding 25% or more of corporate stock is to be | ||||||
24 | of good moral character. Good moral character is a | ||||||
25 | continuing requirement of licensure. | ||||||
26 | (2) The applicant provides evidence satisfactory to |
| |||||||
| |||||||
1 | the Department that the applicant has financial resources | ||||||
2 | sufficient to comply with the maintenance and | ||||||
3 | record-keeping provisions in Section 20-5 of this Act. | ||||||
4 | Maintaining sufficient financial resources is a continuing | ||||||
5 | requirement for licensure. | ||||||
6 | (3) The applicant has not, within the preceding 10 | ||||||
7 | years, been convicted of or entered a plea of guilty or | ||||||
8 | nolo contendere to (i) a Class X felony or (ii) a felony, | ||||||
9 | an essential element of which was fraud or dishonesty under | ||||||
10 | the laws of this State, another state, the United States, | ||||||
11 | or a foreign jurisdiction. If the applicant is a | ||||||
12 | corporation, limited liability company, partnership, or | ||||||
13 | other entity permitted by law, then each principal, owner, | ||||||
14 | member, officer, and shareholder holding 25% or more of | ||||||
15 | corporate stock has not, within the preceding 10 years, | ||||||
16 | been convicted of or entered a plea of guilty or nolo | ||||||
17 | contendere to (i) a Class X felony or (ii) a felony, an | ||||||
18 | essential element of which was fraud or dishonesty under | ||||||
19 | the laws of this State, another state, the United States, | ||||||
20 | or a foreign jurisdiction. | ||||||
21 | (4) The applicant submits his or her fingerprints in | ||||||
22 | accordance with subsection (c) of this Section. | ||||||
23 | (5) The applicant has complied with all other | ||||||
24 | requirements of this Act and the rules adopted for the | ||||||
25 | implementation of this Act. | ||||||
26 | (b) The cemetery manager and customer service employees of |
| |||||||
| |||||||
1 | a licensed cemetery authority shall apply for licensure as a | ||||||
2 | cemetery manager or customer service employee on forms | ||||||
3 | prescribed by the Department and pay the required fee. A person | ||||||
4 | is qualified for licensure as a cemetery manager or customer | ||||||
5 | service employee if he or she meets all of the following | ||||||
6 | requirements: | ||||||
7 | (1) Is at least 18 years of age. | ||||||
8 | (2) Is of good moral character. Good moral character is | ||||||
9 | a continuing requirement of licensure. In determining good | ||||||
10 | moral character, the Department shall take into | ||||||
11 | consideration the factors outlined in item (1) of | ||||||
12 | subsection (a) of this Section. | ||||||
13 | (3) Submits proof of successful completion of a high | ||||||
14 | school education or its equivalent as established by rule. | ||||||
15 | (4) Submits his or her fingerprints in accordance with | ||||||
16 | subsection (c) of this Section. | ||||||
17 | (5) Has not committed a violation of this Act or any | ||||||
18 | rules adopted under this Act that, in the opinion of the | ||||||
19 | Department, renders the applicant unqualified to be a | ||||||
20 | cemetery manager. | ||||||
21 | (6) Successfully passes the examination authorized by | ||||||
22 | the Department for cemetery manager or customer service | ||||||
23 | employee, whichever is applicable. | ||||||
24 | (7) Has not, within the preceding 10 years, been | ||||||
25 | convicted of or entered a plea of guilty or nolo contendere | ||||||
26 | to (i) a Class X felony or (ii) a felony, an essential |
| |||||||
| |||||||
1 | element of which was fraud or dishonesty under the laws of | ||||||
2 | this State, another state, the United States, or a foreign | ||||||
3 | jurisdiction. | ||||||
4 | (8) Can be reasonably expected to treat consumers | ||||||
5 | professionally, fairly, and ethically. | ||||||
6 | (9) Has complied with all other requirements of this | ||||||
7 | Act and the rules adopted for implementation of this Act. | ||||||
8 | (c) Each applicant for a cemetery authority, cemetery | ||||||
9 | manager, or customer service employee license shall have his or | ||||||
10 | her fingerprints submitted to the Department of State Police in | ||||||
11 | an electronic format that complies with the form and manner for | ||||||
12 | requesting and furnishing criminal history record information | ||||||
13 | that is prescribed by the Department of State Police. These
| ||||||
14 | fingerprints shall be checked against the Department of State
| ||||||
15 | Police and Federal Bureau of Investigation criminal history
| ||||||
16 | record databases. The Department of State Police shall charge
| ||||||
17 | applicants a fee for conducting the criminal history records
| ||||||
18 | check, which shall be deposited in the State Police Services
| ||||||
19 | Fund and shall not exceed the actual cost of the records check.
| ||||||
20 | The Department of State Police shall furnish, pursuant to
| ||||||
21 | positive identification, records of Illinois convictions to
| ||||||
22 | the Department. The Department may require applicants to pay a
| ||||||
23 | separate fingerprinting fee, either to the Department or
| ||||||
24 | directly to a designated fingerprint vendor. The Department, in
| ||||||
25 | its discretion, may allow an applicant who does not have
| ||||||
26 | reasonable access to a designated fingerprint vendor to provide
|
| |||||||
| |||||||
1 | his or her fingerprints in an alternative manner. The
| ||||||
2 | Department, in its discretion, may also use other procedures in
| ||||||
3 | performing or obtaining criminal background checks of
| ||||||
4 | applicants. Instead of submitting his or her fingerprints, an
| ||||||
5 | individual may submit proof that is satisfactory to the
| ||||||
6 | Department that an equivalent security clearance has been
| ||||||
7 | conducted. If the applicant for a cemetery authority license is | ||||||
8 | a corporation, limited liability company, partnership, or | ||||||
9 | other entity permitted by law, then each principal, owner, | ||||||
10 | member, officer, and shareholder holding 25% or more of | ||||||
11 | corporate stock shall have his or her fingerprints submitted in | ||||||
12 | accordance with this subsection (c).
| ||||||
13 | Section 10-22. Worker's Statement. | ||||||
14 | (a) No cemetery worker shall perform work at the cemetery | ||||||
15 | of a licensed cemetery authority without submitting a Worker's | ||||||
16 | Statement on or before the first day the cemetery worker | ||||||
17 | commences work at the cemetery. No licensed cemetery authority | ||||||
18 | shall allow a cemetery worker to perform work at his or her | ||||||
19 | cemetery without submitting a Worker's Statement on or before | ||||||
20 | the first day the cemetery worker commences work at the | ||||||
21 | cemetery. The Worker's Statement shall be on forms prescribed | ||||||
22 | by the Department and shall set forth the following: | ||||||
23 | (i) The individual's full name, age, and residence | ||||||
24 | address. | ||||||
25 | (ii) The individual's work history for the 5 years |
| |||||||
| |||||||
1 | immediately preceding the date of the execution of the | ||||||
2 | statement, the place where the business or occupation | ||||||
3 | was engaged in, and the names of employers, if any. | ||||||
4 | (iii) That the individual has not had licensure as | ||||||
5 | a cemetery authority, cemetery manager, or customer | ||||||
6 | service employee denied, revoked, or suspended under | ||||||
7 | this Act within the previous year. | ||||||
8 | (iv) Any declaration of incompetence by a court of | ||||||
9 | competent jurisdiction that has not been restored. | ||||||
10 | (2) The cemetery authority shall retain a copy of the | ||||||
11 | Worker's Statement and shall transmit a copy to the | ||||||
12 | Department. The Department shall issue a cemetery worker | ||||||
13 | card or other record of acknowledgment to an individual who | ||||||
14 | submits a Worker's Statement, but in no event shall the | ||||||
15 | Department impose a fee to comply with the requirements of | ||||||
16 | this Section. | ||||||
17 | (b) Each cemetery authority shall maintain a record of each | ||||||
18 | cemetery worker that is accessible to the Department. The | ||||||
19 | record shall contain the following information: | ||||||
20 | (1) A photograph taken within 10 days of the date that | ||||||
21 | the cemetery worker commences work with the cemetery | ||||||
22 | authority. The photograph shall be replaced with a current | ||||||
23 | photograph no later than 4 calendar years after the date on | ||||||
24 | which the cemetery worker commences work and every 4 years | ||||||
25 | thereafter. The photo may consist of the worker's driver's | ||||||
26 | license. |
| |||||||
| |||||||
1 | (2) The Worker's Statement specified in subsection (a) | ||||||
2 | of this Section. | ||||||
3 | (3) All correspondence or documents relating to the | ||||||
4 | character and integrity of the cemetery worker received by | ||||||
5 | the cemetery authority from any former employer, cemetery | ||||||
6 | association, government agency, or law enforcement agency. | ||||||
7 | (c) A cemetery authority may furnish a worker | ||||||
8 | identification card to each cemetery worker. If the cemetery | ||||||
9 | authority issues worker identification cards, then it shall | ||||||
10 | confiscate the worker identification card of any worker whose | ||||||
11 | employment or contract is terminated. | ||||||
12 | Section 10-23. Code of Professional Conduct and Ethics. The | ||||||
13 | Department shall implement a Code of Professional Conduct and | ||||||
14 | Ethics. Cemetery authorities, cemetery managers, and customer | ||||||
15 | service employees shall abide by the Code of Professional | ||||||
16 | Conduct and Ethics. | ||||||
17 | Section 10-25. Examination; failure or refusal to take the | ||||||
18 | examination. | ||||||
19 | (a) The Department shall authorize examinations of | ||||||
20 | cemetery manager and customer service employee applicants at | ||||||
21 | such times and places as it may determine. The examinations | ||||||
22 | shall fairly test an applicant's qualifications to practice as | ||||||
23 | cemetery manager or customer service employee, whatever the | ||||||
24 | case may be, and knowledge of the theory and practice of |
| |||||||
| |||||||
1 | cemetery operation and management or cemetery customer | ||||||
2 | service, whichever is applicable. The examination shall | ||||||
3 | further test the extent to which the applicant understands and | ||||||
4 | appreciates that the final disposal of a deceased human body | ||||||
5 | should be attended with appropriate observance and | ||||||
6 | understanding, having due regard and respect for the reverent | ||||||
7 | care of the human body and for those bereaved and for the | ||||||
8 | overall spiritual dignity of an individual. | ||||||
9 | (a-5) The examinations for cemetery manager and customer | ||||||
10 | service employee shall be appropriate for cemetery | ||||||
11 | professionals and shall not cover mortuary science. | ||||||
12 | (a-10) The examinations for cemetery manager and customer | ||||||
13 | service employee applicants shall be tiered, as determined by | ||||||
14 | rule, to account for the different amount of knowledge needed | ||||||
15 | by such applicants depending on their job duties and the number | ||||||
16 | of interments, inurnments, and entombments per year at the | ||||||
17 | cemetery at which they work. | ||||||
18 | (b) Applicants for examinations shall pay, either to the | ||||||
19 | Department or to the designated testing service, a fee covering | ||||||
20 | the cost of providing the examination. Failure to appear for | ||||||
21 | the examination on the scheduled date at the time and place | ||||||
22 | specified after the application for examination has been | ||||||
23 | received and acknowledged by the Department or the designated | ||||||
24 | testing service shall result in forfeiture of the examination | ||||||
25 | fee. | ||||||
26 | (c) If the applicant neglects, fails, or refuses to take an |
| |||||||
| |||||||
1 | examination or fails to pass an examination for a license under | ||||||
2 | this Act within one year after filing an application, then the | ||||||
3 | application shall be denied. However, the applicant may | ||||||
4 | thereafter submit a new application accompanied by the required | ||||||
5 | fee. The applicant shall meet the requirements in force at the | ||||||
6 | time of making the new application. | ||||||
7 | (d) The Department may employ consultants for the purpose | ||||||
8 | of preparing and conducting examinations. | ||||||
9 | (e) The Department shall have the authority to adopt or | ||||||
10 | recognize, in part or in whole, examinations prepared, | ||||||
11 | administered, or graded by other organizations in the cemetery | ||||||
12 | industry that are determined appropriate to measure the | ||||||
13 | qualifications of an applicant for licensure. | ||||||
14 | Section 10-30. Continuing education. The Department shall | ||||||
15 | adopt rules for continuing education of cemetery managers and | ||||||
16 | customer service employees. The continuing education | ||||||
17 | requirements for cemetery managers and customer service | ||||||
18 | employees shall be tiered, as determined by rule, to account | ||||||
19 | for the different amount of knowledge needed by such applicants | ||||||
20 | depending on their job duties and the number of interments, | ||||||
21 | inurnments, and entombments per year at the cemetery at which | ||||||
22 | they work. The Department shall strive to keep the costs of any | ||||||
23 | continuing education program imposed on a cemetery authority | ||||||
24 | minimal. The requirements of this Section apply to any person | ||||||
25 | seeking renewal or restoration under Section 10-40 of this Act. |
| |||||||
| |||||||
1 | Section 10-40. Expiration and renewal of license. The | ||||||
2 | expiration date, renewal period, and other requirements for | ||||||
3 | each license shall be set by rule. | ||||||
4 | Section 10-45. Transfer or sale, preservation of license, | ||||||
5 | liability for shortage. | ||||||
6 | (a) In the case of a sale of any cemetery or any part | ||||||
7 | thereof or of any related personal property by a cemetery | ||||||
8 | authority to a purchaser or pursuant to foreclosure | ||||||
9 | proceedings, except the sale of burial rights, services, or | ||||||
10 | merchandise to a person for his or her personal or family | ||||||
11 | burial or interment, the purchaser is liable for any shortages | ||||||
12 | existing before or after the sale in the care funds required to | ||||||
13 | be maintained in a trust pursuant to this Act and shall honor | ||||||
14 | all instruments issued under Article 15 of this Act for that | ||||||
15 | cemetery. Any shortages existing in the care funds constitute a | ||||||
16 | prior lien in favor of the trust for the total value of the | ||||||
17 | shortages and notice of such lien shall be provided in all | ||||||
18 | sales instruments. | ||||||
19 | (b) In the event of a sale or transfer of all or | ||||||
20 | substantially all of the assets of the cemetery authority, the | ||||||
21 | sale or transfer of the controlling interest of the corporate | ||||||
22 | stock of the cemetery authority, if the cemetery authority is a | ||||||
23 | corporation, or the sale or transfer of the controlling | ||||||
24 | interest of the partnership, if the cemetery authority is a |
| |||||||
| |||||||
1 | partnership, or the sale or transfer of the controlling | ||||||
2 | membership, if the cemetery authority is a limited liability | ||||||
3 | company, the cemetery authority shall, at least 30 days prior | ||||||
4 | to the sale or transfer, notify the Department, in writing, of | ||||||
5 | the pending date of sale or transfer so as to permit the | ||||||
6 | Department to audit the books and records of the cemetery | ||||||
7 | authority. The audit must be commenced within 10 business days | ||||||
8 | of the receipt of the notification and completed within the | ||||||
9 | 30-day notification period unless the Department notifies the | ||||||
10 | cemetery authority during that period that there is a basis for | ||||||
11 | determining a deficiency that will require additional time to | ||||||
12 | finalize. The sale or transfer may not be completed by the | ||||||
13 | cemetery authority unless and until: | ||||||
14 | (1) the Department has completed the audit of the | ||||||
15 | cemetery authority's books and records; | ||||||
16 | (2) any delinquency existing in the care funds has been | ||||||
17 | paid by the cemetery authority or arrangements | ||||||
18 | satisfactory to the Department have been made by the | ||||||
19 | cemetery authority on the sale or transfer for the payment | ||||||
20 | of any delinquency; and | ||||||
21 | (3) the Department issues a new cemetery authority | ||||||
22 | license upon application of the newly controlled | ||||||
23 | corporation or partnership, which license must be applied | ||||||
24 | for at least 30 days prior to the anticipated date of the | ||||||
25 | sale or transfer, subject to the payment of any | ||||||
26 | delinquencies, if any, as stated in item (2) of this |
| |||||||
| |||||||
1 | subsection (b). | ||||||
2 | (c) In the event of a sale or transfer of any cemetery | ||||||
3 | land, including any portion of cemetery land in which no human | ||||||
4 | remains have been interred, a licensee shall, at least 45 days | ||||||
5 | prior to the sale or transfer, notify the Department, in | ||||||
6 | writing, of the pending sale or transfer. With the | ||||||
7 | notification, the cemetery authority shall submit information | ||||||
8 | to the Department, which may include a copy of a portion of the | ||||||
9 | cemetery map showing the land to be sold or transferred, to | ||||||
10 | enable the Department to determine whether any human remains | ||||||
11 | are interred, inurned, or entombed within the land to be sold | ||||||
12 | or transferred and whether consumers have rights of interment, | ||||||
13 | inurnment, or entombment within the land to be sold or | ||||||
14 | transferred. | ||||||
15 | (d) For purposes of this Section, a person who acquires the | ||||||
16 | cemetery through a real estate foreclosure shall be subject to | ||||||
17 | the provisions of this Section pertaining to the purchaser, | ||||||
18 | including licensure. | ||||||
19 | Section 10-50. Dissolution. Where any licensed cemetery | ||||||
20 | authority or any trustee thereof has accepted care funds within | ||||||
21 | the meaning of this Act, and dissolution is sought by such | ||||||
22 | cemetery authority in any manner, by resolution of such | ||||||
23 | cemetery authority, or the trustees thereof, notice shall be | ||||||
24 | given to the Department of such intention to dissolve and | ||||||
25 | proper disposition shall be made of the care funds so held for |
| |||||||
| |||||||
1 | the general benefit of such lot owners by or for the benefit of | ||||||
2 | such cemetery authority, as provided by law, or in accordance | ||||||
3 | with the trust provisions of any gift, grant, contribution, | ||||||
4 | payment, legacy, or pursuant to any contract whereby such funds | ||||||
5 | were created. The Department, represented by the Attorney | ||||||
6 | General, may apply to the circuit court for the appointment of | ||||||
7 | a receiver, trustee, successor in trust, or for directions of | ||||||
8 | such court as to the proper disposition to be made of such care | ||||||
9 | funds, to the end that the uses and purposes for which such | ||||||
10 | trust or care funds were created may be accomplished, and for | ||||||
11 | proper continued operation of the cemetery. | ||||||
12 | Section 10-55. Fees. | ||||||
13 | (a) Except as provided in subsection (b) of this Section, | ||||||
14 | the fees for the administration and enforcement of this Act, | ||||||
15 | including, but not limited to, original licensure, renewal, and | ||||||
16 | restoration fees, shall be set by the Department by rule. The | ||||||
17 | fees shall be reasonable and shall not be refundable. | ||||||
18 | (b) Applicants for examination shall be required to pay, | ||||||
19 | either to the Department or the designated testing service, a | ||||||
20 | fee covering the cost of providing the examination. | ||||||
21 | (c) All fees and other moneys collected under this Act | ||||||
22 | shall be deposited in the Cemetery Oversight Licensing and | ||||||
23 | Disciplinary Fund. | ||||||
24 | Section 10-60. Returned checks; fines. Any person who |
| |||||||
| |||||||
1 | delivers a check or other payment to the Department that is | ||||||
2 | returned to the Department unpaid by the financial institution | ||||||
3 | upon which it is drawn shall pay to the Department, in addition | ||||||
4 | to the amount already owed to the Department, a fine of $50. | ||||||
5 | The fines imposed by this Section are in addition to any other | ||||||
6 | discipline provided under this Act for unlicensed practice or | ||||||
7 | practice on a non-renewed license. The Department shall notify | ||||||
8 | the person that payment of fees and fines shall be paid to the | ||||||
9 | Department by certified check or money order within 30 calendar | ||||||
10 | days of the notification. If, after the expiration of 30 days | ||||||
11 | from the date of the notification, the person has failed to | ||||||
12 | submit the necessary remittance, the Department shall | ||||||
13 | automatically terminate the license or deny the application, | ||||||
14 | without hearing. | ||||||
15 | If, after termination or denial, the person seeks a | ||||||
16 | license, then he or she shall apply to the Department for | ||||||
17 | restoration or issuance of the license and pay all fees and | ||||||
18 | fines due to the Department. The Department may establish a fee | ||||||
19 | for the processing of an application for restoration of a | ||||||
20 | license to pay all expenses of processing this application. The | ||||||
21 | Secretary may waive the fines due under this Section in | ||||||
22 | individual cases where the Secretary finds that the fines would | ||||||
23 | be unreasonable or unnecessarily burdensome. | ||||||
24 | Article 15. | ||||||
25 | Trust Funds |
| |||||||
| |||||||
1 | Section 15-5. Gifts and contributions; trust funds. | ||||||
2 | (a) A licensed cemetery authority is hereby authorized and | ||||||
3 | empowered to accept any gift, grant, contribution, payment, | ||||||
4 | legacy, or pursuant to contract, any sum of money, funds, | ||||||
5 | securities, or property of any kind, or the income or avails | ||||||
6 | thereof, and to establish a trust fund to hold the same in | ||||||
7 | perpetuity for the care of its cemetery, or for the care of any | ||||||
8 | lot, grave, crypt, or niche in its cemetery, or for the special | ||||||
9 | care of any lot, grave, crypt, or niche or of any family | ||||||
10 | mausoleum or memorial, marker, or monument in its cemetery. Not | ||||||
11 | less than the following amounts will be set aside and deposited | ||||||
12 | in trust: | ||||||
13 | (1) For interment rights, $1 per square foot of the | ||||||
14 | space sold or 15% of the sales price or imputed value, | ||||||
15 | whichever is the greater, with a minimum of $25 for each | ||||||
16 | individual interment right. | ||||||
17 | (2) For entombment rights, not less than 10% of the | ||||||
18 | sales price or imputed value with a minimum of $25 for each | ||||||
19 | individual entombment right. | ||||||
20 | (3) For inurnment rights, not less than 10% of the | ||||||
21 | sales price or imputed value with a minimum of $15 for each | ||||||
22 | individual inurnment right. | ||||||
23 | (4) For any transfer of interment rights, entombment | ||||||
24 | rights, or inurnment rights recorded in the records of the | ||||||
25 | cemetery authority, a minimum of $25 for each such right |
| |||||||
| |||||||
1 | transferred. This does not apply to transfers between a | ||||||
2 | transferor and his or her spouse, parents, grandparents, | ||||||
3 | children, grandchildren, or siblings. | ||||||
4 | (5) Upon an interment, entombment, or inurnment in a | ||||||
5 | grave, crypt, or niche in which rights of interment, | ||||||
6 | entombment, or inurnment were originally acquired from a | ||||||
7 | cemetery authority prior to January 1, 1948, a minimum of | ||||||
8 | $25 for each such right exercised. | ||||||
9 | (6) For the special care of any lot, grave, crypt, or | ||||||
10 | niche or of a family mausoleum, memorial, marker, or | ||||||
11 | monument, the full amount received.
| ||||||
12 | (b) The cemetery authority shall act as trustee of all | ||||||
13 | amounts received for care until they have been deposited with a | ||||||
14 | corporate fiduciary as defined in Section 1-5.05 of the | ||||||
15 | Corporate Fiduciary Act. All trust deposits shall be made | ||||||
16 | within 30 days after receipt. | ||||||
17 | (c) No gift, grant, legacy, payment, or other contribution | ||||||
18 | shall be invalid by reason of any indefiniteness or uncertainty | ||||||
19 | as to the beneficiary designated in the instrument creating the | ||||||
20 | gift, grant, legacy, payment, or other contribution. If any | ||||||
21 | gift, grant, legacy, payment, or other contribution consists of | ||||||
22 | non-income producing property, then the cemetery authority | ||||||
23 | accepting it is authorized and empowered to sell such property | ||||||
24 | and to invest the funds obtained in accordance with subsection | ||||||
25 | (d) of this Section. | ||||||
26 | (d) The care funds authorized by this Section and provided
|
| |||||||
| |||||||
1 | for in this Article shall be held intact and, unless otherwise | ||||||
2 | restricted by the terms of the gift, grant, legacy, | ||||||
3 | contribution, payment, contract, or other payment, as to | ||||||
4 | investments made after June 11, 1951, the trustee of the care | ||||||
5 | funds of the cemetery authority, in acquiring, investing, | ||||||
6 | reinvesting, exchanging, retaining, selling, and managing | ||||||
7 | property for any such trust, shall act in accordance with the | ||||||
8 | duties for trustees set forth in the Illinois Trusts and | ||||||
9 | Trustees Act. Within the limitations of the foregoing standard, | ||||||
10 | the trustee of the care funds of the cemetery authority is | ||||||
11 | authorized to acquire and retain every kind of property, real, | ||||||
12 | personal, or mixed, and every kind of investment, including | ||||||
13 | specifically, but without limiting the generality of the | ||||||
14 | foregoing, bonds, debentures and other corporate obligations, | ||||||
15 | preferred or common stocks and real estate mortgages, which | ||||||
16 | persons of prudence, discretion, and intelligence acquire or | ||||||
17 | retain for their own account. Within the limitations of the | ||||||
18 | foregoing standard, the trustee is authorized to retain | ||||||
19 | property properly acquired, without limitation as to time and | ||||||
20 | without regard to its suitability for original purchase. The | ||||||
21 | care funds authorized by this Section may be commingled with | ||||||
22 | other trust funds received by such cemetery authority for the | ||||||
23 | care of its cemetery or for the care or special care of any | ||||||
24 | lot, grave, crypt, niche, private mausoleum, memorial, marker, | ||||||
25 | or monument in its cemetery, whether received by gift, grant, | ||||||
26 | legacy, contribution, payment, contract, or other conveyance |
| |||||||
| |||||||
1 | made to such cemetery authority. Such care funds may be | ||||||
2 | invested with common trust funds as provided in the Common | ||||||
3 | Trust Fund Act. The net income only from the investment of such | ||||||
4 | care funds shall be allocated and used for the purposes | ||||||
5 | specified in the transaction by which the principal was | ||||||
6 | established in the proportion that each contribution bears to | ||||||
7 | the entire sum invested.
| ||||||
8 | Section 15-10. Restrictions on loans, gifts, and | ||||||
9 | investments. | ||||||
10 | (a) No loan; investment; purchase of insurance on the life | ||||||
11 | of any trustee, cemetery owner, cemetery worker, or independent | ||||||
12 | contractor; purchase of any real estate; or any other | ||||||
13 | transaction using care funds by any trustee, licensee, cemetery | ||||||
14 | manager, or any other cemetery worker or independent contractor | ||||||
15 | shall be made to or for the benefit of any person, officer, | ||||||
16 | director, trustee, or party owning or having any interest in | ||||||
17 | any licensee, or to any firm, corporation, trade association or | ||||||
18 | partnership in which any officer, director, trustee, or party | ||||||
19 | has any interest, is a member of, or serves as an officer or | ||||||
20 | director. A violation of this Section shall constitute the | ||||||
21 | intentional and improper withdrawal of trust funds under | ||||||
22 | Section 25-105 of this Act. | ||||||
23 | (b) No loan or investment in any unproductive real estate | ||||||
24 | or real estate outside of this State or in permanent | ||||||
25 | improvements of the cemetery or any of its facilities shall be |
| |||||||
| |||||||
1 | made, unless specifically authorized by the instrument whereby | ||||||
2 | the principal fund was created. No commission or brokerage fee | ||||||
3 | for the purchase or sale of any property shall be paid in | ||||||
4 | excess of that usual and customary at the time and in the | ||||||
5 | locality where such purchase or sale is made, and all such | ||||||
6 | commissions and brokerage fees shall be fully reported in the | ||||||
7 | next annual statement of such cemetery authority or trustee. | ||||||
8 | (c) The prohibitions provided for in this Section apply to | ||||||
9 | and include the spouse of and immediate family living with the | ||||||
10 | officer, member, director, trustee, party owning any portion of | ||||||
11 | such cemetery authority, or licensee under this Act. | ||||||
12 | Section 15-15. Care funds; deposits; investments. | ||||||
13 | (a) Whenever a cemetery authority accepts care funds, | ||||||
14 | either in connection with the sale or giving away at an imputed | ||||||
15 | value of an interment right, entombment right, or inurnment | ||||||
16 | right, or in pursuance of a contract, or whenever, as a | ||||||
17 | condition precedent to the purchase or acceptance of an | ||||||
18 | interment right, entombment right, or inurnment right, such | ||||||
19 | cemetery authority shall establish a care fund or deposit the | ||||||
20 | funds in an already existing care fund. | ||||||
21 | (b) The cemetery authority shall execute and deliver to the | ||||||
22 | person from whom it received the care funds an instrument in | ||||||
23 | writing that shall specifically state: (i) the nature and | ||||||
24 | extent of the care to be furnished and (ii) that such care | ||||||
25 | shall be furnished only in so far as net income derived from |
| |||||||
| |||||||
1 | the amount deposited in trust will permit (the income from the | ||||||
2 | amount so deposited, less necessary expenditures of | ||||||
3 | administering the trust, shall be deemed the net income). | ||||||
4 | (c) The setting-aside and deposit of care funds shall be | ||||||
5 | made by such cemetery authority no later than 30 days after the | ||||||
6 | close of the month in which the cemetery authority gave away | ||||||
7 | for an imputed value or received the final payment on the | ||||||
8 | purchase price of interment rights, entombment rights, or | ||||||
9 | inurnment rights, or received the final payment for the general | ||||||
10 | or special care of a lot, grave, crypt, or niche or of a family | ||||||
11 | mausoleum, memorial, marker, or monument, and such amounts | ||||||
12 | shall be held by the trustee of the care funds of such cemetery | ||||||
13 | authority in trust in perpetuity for the specific purposes | ||||||
14 | stated in the written instrument described in subsection (b). | ||||||
15 | For all care funds received by a cemetery authority, except for | ||||||
16 | care funds received by a cemetery authority pursuant to a | ||||||
17 | specific gift, grant, contribution, payment, legacy, or | ||||||
18 | contract that are subject to investment restrictions more | ||||||
19 | restrictive than the investment provisions set forth in this | ||||||
20 | Act, and except for care funds otherwise subject to a trust | ||||||
21 | agreement executed by a person or persons responsible for | ||||||
22 | transferring the specific gift, grant, contribution, payment, | ||||||
23 | or legacy to the cemetery authority that contains investment | ||||||
24 | restrictions more restrictive than the investment provisions | ||||||
25 | set forth in this Act, the cemetery authority may, without the | ||||||
26 | necessity of having to obtain prior approval from any court in |
| |||||||
| |||||||
1 | this State, designate a new trustee in accordance with this Act | ||||||
2 | and invest the care funds in accordance with this Section, | ||||||
3 | notwithstanding any contrary limitation contained in the trust | ||||||
4 | agreement. | ||||||
5 | (d) Any cemetery authority engaged in selling or giving | ||||||
6 | away at an imputed value interment rights, entombment rights, | ||||||
7 | or inurnment rights, in conjunction with the selling or giving | ||||||
8 | away at an imputed value any other merchandise or services not | ||||||
9 | covered by this Act, shall be prohibited from increasing the | ||||||
10 | sales price or imputed value of those items not requiring a | ||||||
11 | care fund deposit under this Act with the purpose of allocating | ||||||
12 | a lesser sales price or imputed value to items that require a | ||||||
13 | care fund deposit. | ||||||
14 | (e) If any sale that requires a deposit to a cemetery | ||||||
15 | authority's care fund is made by a cemetery authority on an | ||||||
16 | installment basis, and the installment contract is factored, | ||||||
17 | discounted, or sold to a third party, then the cemetery | ||||||
18 | authority shall deposit the amount due to the care fund within | ||||||
19 | 30 days after the close of the month in which the installment | ||||||
20 | contract was factored, discounted, or sold. If, subsequent to | ||||||
21 | such deposit, the purchaser defaults on the contract such that | ||||||
22 | no care fund deposit on that contract would have been required, | ||||||
23 | then the cemetery authority may apply the amount deposited as a | ||||||
24 | credit against future required deposits. | ||||||
25 | (f) The trust authorized by this Section shall be a single | ||||||
26 | purpose trust fund. In the event of the cemetery authority's |
| |||||||
| |||||||
1 | bankruptcy, insolvency, or assignment for the benefit of | ||||||
2 | creditors, or an adverse judgment, the trust funds shall not be | ||||||
3 | available to any creditor as assets of the cemetery authority | ||||||
4 | or to pay any expenses of any bankruptcy or similar proceeding, | ||||||
5 | but shall be retained intact to provide for the future | ||||||
6 | maintenance of the cemetery. Except in an action by the | ||||||
7 | Department to revoke a license issued pursuant to this Act and | ||||||
8 | for creation of a receivership as provided in this Act, the | ||||||
9 | trust shall not be subject to judgment, execution, garnishment, | ||||||
10 | attachment, or other seizure by process in bankruptcy or | ||||||
11 | otherwise, nor to sale, pledge, mortgage, or other alienation, | ||||||
12 | and shall not be assignable except as approved by the | ||||||
13 | Department.
| ||||||
14 | Section 15-25. Funds purpose and exemptions. The trust | ||||||
15 | funds authorized by this Article, and the income therefrom, and | ||||||
16 | any funds received under a contract to furnish care of a burial | ||||||
17 | space for a definite number of years, shall be held for the | ||||||
18 | general benefit of the lot owners and are exempt from taxation. | ||||||
19 | The trust funds authorized by the provisions of this Article, | ||||||
20 | and the income therefrom, are exempt from the operation of all | ||||||
21 | laws of mortmain and the laws against perpetuities and | ||||||
22 | accumulations. | ||||||
23 | Section 15-40. Trust examinations and audits. | ||||||
24 | (a) The Department shall examine at least annually every |
| |||||||
| |||||||
1 | licensee who holds $250,000 or more in its care funds. For that | ||||||
2 | purpose, the Department shall have free access to the office | ||||||
3 | and places of business and to such records of all licensees and | ||||||
4 | of all trustees of the care funds of all licensees as shall | ||||||
5 | relate to the acceptance, use, and investment of care funds. | ||||||
6 | The Department may require the attendance of and examine under | ||||||
7 | oath all persons whose testimony may be required relative to | ||||||
8 | such business. In such cases the Department, or any qualified | ||||||
9 | representative of the Department whom the Department may | ||||||
10 | designate, may administer oaths to all such persons called as | ||||||
11 | witnesses, and the Department, or any such qualified | ||||||
12 | representative of the Department, may conduct such | ||||||
13 | examinations. The cost of an initial examination shall be | ||||||
14 | determined by rule. | ||||||
15 | (b) The Department may order additional audits or | ||||||
16 | examinations as it may deem necessary or advisable to ensure | ||||||
17 | the safety and stability of the trust funds and to ensure | ||||||
18 | compliance with this Act. These additional audits or | ||||||
19 | examinations shall only be made after good cause is established | ||||||
20 | by the Department in the written order. The grounds for | ||||||
21 | ordering these additional audits or examinations may include, | ||||||
22 | but shall not be limited to:
| ||||||
23 | (1) material and unverified changes or fluctuations in | ||||||
24 | trust balances; | ||||||
25 | (2) the licensee changing trustees more than twice in | ||||||
26 | any 12-month period; |
| |||||||
| |||||||
1 | (3) any withdrawals or attempted withdrawals from the | ||||||
2 | trusts in violation of this Act; or | ||||||
3 | (4) failure to maintain or produce documentation | ||||||
4 | required by this Act. | ||||||
5 | Article 20. | ||||||
6 | Business Practice Provisions | ||||||
7 | Section 20-5. Maintenance and records. | ||||||
8 | (a) A cemetery authority shall provide reasonable | ||||||
9 | maintenance of the cemetery property and of all lots, graves, | ||||||
10 | crypts, and columbariums in the cemetery based on the type and | ||||||
11 | size of the cemetery, topographic limitations, and contractual | ||||||
12 | commitments with consumers. Subject to the provision of this | ||||||
13 | subsection (a), reasonable maintenance includes: | ||||||
14 | (1) the laying of seed, sod, or other suitable ground | ||||||
15 | cover as soon as practical following an interment given the | ||||||
16 | weather conditions, climate, and season and the | ||||||
17 | interment's proximity to ongoing burial activity; | ||||||
18 | (2) the cutting of lawn throughout the cemetery at | ||||||
19 | reasonable intervals to prevent an overgrowth of grass and | ||||||
20 | weeds given the weather conditions, climate, and season; | ||||||
21 | (3) the trimming of shrubs to prevent excessive | ||||||
22 | overgrowth; | ||||||
23 | (4) the trimming of trees to remove dead limbs; | ||||||
24 | (5) keeping in repair the drains, water lines, roads, |
| |||||||
| |||||||
1 | buildings, fences, and other structures; and | ||||||
2 | (6) keeping the cemetery premises free of trash and | ||||||
3 | debris. | ||||||
4 | Reasonable maintenance by the cemetery authority shall not
| ||||||
5 | preclude the exercise of lawful rights by the owner of an
| ||||||
6 | interment, inurnment, or entombment right, or by the decedent's
| ||||||
7 | immediate family or other heirs, in accordance with reasonable
| ||||||
8 | rules and regulations of the cemetery or other agreement of the
| ||||||
9 | cemetery authority.
| ||||||
10 | In the case of a cemetery dedicated as a nature preserve | ||||||
11 | under the Illinois Natural Areas Preservation Act, reasonable | ||||||
12 | maintenance by the cemetery authority shall be in accordance | ||||||
13 | with the rules and master plan governing the dedicated nature | ||||||
14 | preserve. | ||||||
15 | The Department shall adopt rules to provide greater detail | ||||||
16 | as to what constitutes the reasonable maintenance required | ||||||
17 | under this Section. The rules shall differentiate between | ||||||
18 | cemeteries based on, among other things, the size and financial | ||||||
19 | strength of the cemeteries. The rules shall also provide a | ||||||
20 | reasonable opportunity for a cemetery authority accused of | ||||||
21 | violating the provisions of this Section to cure any such | ||||||
22 | violation in a timely manner given the weather conditions, | ||||||
23 | climate, and season before the Department initiates formal | ||||||
24 | proceedings. | ||||||
25 | (b) A cemetery authority, before commencing cemetery | ||||||
26 | operations or within 6 months after the effective date of this |
| |||||||
| |||||||
1 | Act, shall cause an overall map of its cemetery property, | ||||||
2 | delineating all lots or plots, blocks, sections, avenues, | ||||||
3 | walks, alleys, and paths and their respective designations, to | ||||||
4 | be filed at its on-site office, or if it does not maintain an | ||||||
5 | on-site office, at its principal place of business. A cemetery | ||||||
6 | manager's certificate acknowledging, accepting, and adopting | ||||||
7 | the map shall also be included with the map. The Department may | ||||||
8 | order that the cemetery authority obtain a cemetery plat and | ||||||
9 | that it be filed at its on-site office, or if it does not | ||||||
10 | maintain an on-site office, at its principal place of business | ||||||
11 | only in the following circumstances: | ||||||
12 | (1) the cemetery authority is expanding or altering the | ||||||
13 | cemetery grounds; or | ||||||
14 | (2) a human body that should have been interred, | ||||||
15 | entombed, or inurned at the cemetery is missing, displaced, | ||||||
16 | or dismembered and the cemetery map contains serious | ||||||
17 | discrepancies. | ||||||
18 | In exercising this discretion, the Department shall | ||||||
19 | consider whether the cemetery authority would experience an | ||||||
20 | undue hardship as a result of obtaining the plat. The cemetery | ||||||
21 | plat, as with all plats prepared under this Act, shall comply | ||||||
22 | with the Illinois Professional Land Surveyor Act of 1989 and | ||||||
23 | shall delineate, describe, and set forth all lots or plots, | ||||||
24 | blocks, sections, avenues, walks, alleys, and paths and their | ||||||
25 | respective designations. A cemetery manager's certificate | ||||||
26 | acknowledging, accepting, and adopting the plat shall also be |
| |||||||
| |||||||
1 | included with the plat. | ||||||
2 | (b-5) A cemetery authority shall maintain an index that | ||||||
3 | associates the identity of deceased persons interred, | ||||||
4 | entombed, or inurned after the effective date of this Act with | ||||||
5 | their respective place of interment, entombment, or inurnment. | ||||||
6 | (c) The cemetery authority shall open the cemetery map or | ||||||
7 | plat to public inspection. The cemetery authority shall make | ||||||
8 | available a copy of the overall cemetery map or plat upon | ||||||
9 | written request and shall, if practical, provide a copy of a | ||||||
10 | segment of the cemetery plat where interment rights are located | ||||||
11 | upon the payment of reasonable photocopy fees. Any unsold lots, | ||||||
12 | plots, or parts thereof, in which there are not human remains, | ||||||
13 | may be resurveyed and altered in shape or size and properly | ||||||
14 | designated on the cemetery map or plat. However, sold lots, | ||||||
15 | plots, or parts thereof in which there are human remains may | ||||||
16 | not be renumbered or renamed. Nothing contained in this | ||||||
17 | subsection, however, shall prevent the cemetery authority from | ||||||
18 | enlarging an interment right by selling to its owner the excess | ||||||
19 | space next to the interment right and permitting interments | ||||||
20 | therein, provided reasonable access to the interment right and | ||||||
21 | to adjoining interment rights is not thereby eliminated. | ||||||
22 | (d) A cemetery authority shall keep a record of every | ||||||
23 | interment, entombment, and inurnment completed after the | ||||||
24 | effective date of this Act. The record shall include the | ||||||
25 | deceased's name, age, date of burial, and parcel identification | ||||||
26 | number identifying where the human remains are interred, |
| |||||||
| |||||||
1 | entombed, or inurned. The record shall also include the unique | ||||||
2 | personal identifier as may be further defined by rule, which is | ||||||
3 | the parcel identification number in addition to the term of | ||||||
4 | burial in years; the numbered level or depth in the grave, | ||||||
5 | plot, crypt, or niche; and the year of death. | ||||||
6 | (e) (Blank). | ||||||
7 | (f) A cemetery authority shall make available for | ||||||
8 | inspection and, upon reasonable request and the payment of a | ||||||
9 | reasonable copying fee, provide a copy of its rules and | ||||||
10 | regulations. A cemetery authority shall make available for | ||||||
11 | viewing and provide a copy of its current prices of interment, | ||||||
12 | inurnment, or entombment rights. | ||||||
13 | (g) A cemetery authority shall provide access to the | ||||||
14 | cemetery under the cemetery authority's reasonable rules and | ||||||
15 | regulations. | ||||||
16 | (h) A cemetery authority shall be responsible for the | ||||||
17 | proper opening and closing of all graves, crypts, or niches for | ||||||
18 | human remains in any cemetery property it owns. | ||||||
19 | (i) Any corporate or other business organization trustee of | ||||||
20 | the care funds of every licensed cemetery authority shall be | ||||||
21 | located in or a resident of this State. The licensed cemetery | ||||||
22 | authority and the trustee of care funds shall keep in this | ||||||
23 | State and use in its business such books, accounts, and records | ||||||
24 | as will enable the Department to determine whether such | ||||||
25 | licensee or trustee is complying with the provisions of this | ||||||
26 | Act and with the rules, regulations, and directions made by the |
| |||||||
| |||||||
1 | Department under this Act. The licensed cemetery authority | ||||||
2 | shall keep the books, accounts, and records in electronic or | ||||||
3 | written format at the location identified in the license issued | ||||||
4 | by the Department or as otherwise agreed by the Department in | ||||||
5 | writing. The books, accounts, and records shall be accessible | ||||||
6 | for review upon demand of the Department. | ||||||
7 | Section 20-6. Cemetery Oversight Database. | ||||||
8 | (a) Within 10 business days after an interment, entombment, | ||||||
9 | or inurnment of human remains, the cemetery manager shall cause | ||||||
10 | a record of the interment, entombment, or inurnment to be | ||||||
11 | entered into the Cemetery Oversight Database. The requirement | ||||||
12 | of this subsection (a) also applies in any instance in which | ||||||
13 | human remains are relocated. | ||||||
14 | (b) Within 9 months after the effective date of this Act, | ||||||
15 | the Department shall certify a database as the Cemetery | ||||||
16 | Oversight Database. Upon certifying the database, the | ||||||
17 | Department shall:
| ||||||
18 | (1) provide reasonable notice to cemetery authorities | ||||||
19 | identifying the database; and | ||||||
20 | (2) immediately upon certification, require each | ||||||
21 | cemetery authority to use the Cemetery Oversight Database | ||||||
22 | as a means of complying with subsection (a). | ||||||
23 | (c) In certifying the Cemetery Oversight Database, the | ||||||
24 | Department shall ensure that the database:
| ||||||
25 | (1) provides real-time access through an Internet |
| |||||||
| |||||||
1 | connection or, if real-time access through an Internet | ||||||
2 | connection becomes unavailable due to technical problems | ||||||
3 | with the Cemetery Oversight Database incurred by the | ||||||
4 | database provider or if obtaining use of an Internet | ||||||
5 | connection would be an undue hardship on the cemetery | ||||||
6 | authority, through alternative mechanisms, including, but | ||||||
7 | not limited to, telephone; | ||||||
8 | (2) is accessible to the Department and to cemetery | ||||||
9 | managers in order to ensure compliance with this Act and in | ||||||
10 | order to provide any other information that the Department | ||||||
11 | deems necessary; | ||||||
12 | (3) requires cemetery authorities to input whatever | ||||||
13 | information required by the Department; | ||||||
14 | (4) maintains a real-time copy of the required | ||||||
15 | reporting information that is available to the Department | ||||||
16 | at all times and is the property of the Department; and | ||||||
17 | (5) contains safeguards to ensure that all information | ||||||
18 | contained in the Cemetery Oversight Database is secure. | ||||||
19 | (d) A cemetery authority may rely on the information | ||||||
20 | contained in the Cemetery Oversight Database as accurate and is | ||||||
21 | not subject to any administrative penalty or liability as a | ||||||
22 | result of relying on inaccurate information contained in the | ||||||
23 | database. | ||||||
24 | (e) The Cemetery Oversight Database provider shall | ||||||
25 | indemnify cemetery authorities against all claims and actions | ||||||
26 | arising from illegal, willful, or wanton acts on the part of |
| |||||||
| |||||||
1 | the Database provider.
The Cemetery Oversight Database | ||||||
2 | provider shall at all times maintain an electronic backup copy | ||||||
3 | of the information it receives pursuant to subsection (a). | ||||||
4 | Section 20-8. Vehicle traffic control. A cemetery | ||||||
5 | authority shall use its reasonable best efforts to ensure that | ||||||
6 | funeral processions entering and exiting the cemetery grounds | ||||||
7 | do not obstruct traffic on any street for a period in excess of | ||||||
8 | 10 minutes, except where such funeral procession is | ||||||
9 | continuously moving or cannot be moved by reason of | ||||||
10 | circumstances over which the cemetery authority has no | ||||||
11 | reasonable control. The cemetery authority shall use its | ||||||
12 | reasonable best efforts to help prevent multiple funeral | ||||||
13 | processions from arriving at the cemetery simultaneously. | ||||||
14 | Notwithstanding any provision of this Act to the contrary, a | ||||||
15 | cemetery authority that violates the provisions of this Section | ||||||
16 | shall be guilty of a business offense and punishable by a fine | ||||||
17 | of not more than $500 for each offense.
| ||||||
18 | Section 20-10. Contract. At the time cemetery arrangements | ||||||
19 | are made and prior to rendering the cemetery services, a | ||||||
20 | cemetery authority shall create a written contract to be | ||||||
21 | provided to the consumer, signed by both parties, that shall | ||||||
22 | contain: (i) contact information, as set out in Section 20-11, | ||||||
23 | and the date on which the arrangements were made; (ii) the | ||||||
24 | price of the service selected and the services and merchandise |
| |||||||
| |||||||
1 | included for that price; (iii) the supplemental items of | ||||||
2 | service and merchandise requested and the price of each item; | ||||||
3 | (v) the terms or method of payment agreed upon; and (vi) a | ||||||
4 | statement as to any monetary advances made on behalf of the | ||||||
5 | family. The cemetery authority shall maintain a copy of such | ||||||
6 | written contract in its permanent records. | ||||||
7 | Section 20-11. Contact information in a contract. All | ||||||
8 | cemetery authorities shall include in the contract described in | ||||||
9 | Section 20-10 the name, address, and telephone number of the | ||||||
10 | cemetery manager. Upon written request to a cemetery authority | ||||||
11 | by a consumer, the cemetery authority shall provide: (1) the | ||||||
12 | cemetery authority's registered agent, if any; (2) the cemetery | ||||||
13 | authority's proprietor, if the cemetery authority is an | ||||||
14 | individual; (3) every partner, if the cemetery authority is a | ||||||
15 | partnership; (4) the president, secretary, executive and | ||||||
16 | senior vice presidents, directors, and individuals owning 25% | ||||||
17 | or more of the corporate stock, if the cemetery authority is a | ||||||
18 | corporation; and (5) the manager, if the cemetery authority is | ||||||
19 | a limited liability company.
| ||||||
20 | Section 20-12. Method of payment; receipt. No cemetery | ||||||
21 | authority shall require payment for any goods, services, or | ||||||
22 | easement by cash only. Each cemetery authority subject to this | ||||||
23 | Section shall permit payment by at least one other option, | ||||||
24 | including, but not limited to, personal check, cashier's check, |
| |||||||
| |||||||
1 | money order, or credit or debit card. In addition to the | ||||||
2 | contract for the sale of cemetery goods, services, or | ||||||
3 | easements, the cemetery authority shall provide a receipt to | ||||||
4 | the consumer upon payment in part or full, whatever the case | ||||||
5 | may be. | ||||||
6 | Section 20-15. Interment or inurnment in cemetery. No | ||||||
7 | cemetery authority shall interfere with a licensed funeral | ||||||
8 | director or his or her designated agent observing the final | ||||||
9 | burial or disposition of a body for which the funeral director | ||||||
10 | has a contract for services related to that deceased | ||||||
11 | individual. No funeral director or his or her designated agent | ||||||
12 | shall interfere with a licensed cemetery authority or its | ||||||
13 | designated agent's rendering of burial or other disposition | ||||||
14 | services for a body for which the cemetery authority has a | ||||||
15 | contract for goods, services, or property related to that | ||||||
16 | deceased individual.
| ||||||
17 | Section 20-20. Display of license. Every cemetery | ||||||
18 | authority, cemetery manager, and customer service employee | ||||||
19 | license issued by the Department shall state the number of the | ||||||
20 | license and the address at which the business is to be | ||||||
21 | conducted. Such license shall be kept conspicuously posted in | ||||||
22 | the place of business of the licensee and shall not be | ||||||
23 | transferable or assignable. Nothing in this Act shall prevent | ||||||
24 | an individual from acting as a licensed cemetery manager or |
| |||||||
| |||||||
1 | customer service employee for more than one cemetery. A | ||||||
2 | cemetery manager or customer service employee who works at more | ||||||
3 | than one cemetery shall display an original version of his or | ||||||
4 | her license at each location for which the individual serves as | ||||||
5 | a cemetery manager or customer service employee. | ||||||
6 | Section 20-25. Annual report. Each licensed cemetery | ||||||
7 | authority shall annually, on or before April 15, file a report | ||||||
8 | with the Department giving such information as the Department | ||||||
9 | may reasonably require concerning the business and operations | ||||||
10 | during the preceding calendar year as provided for by rule. The | ||||||
11 | report must be received by the Department on or before April | ||||||
12 | 15, unless such date is extended for reasonable cause up to 90 | ||||||
13 | days by the Department. The report shall be made under oath and | ||||||
14 | in a form prescribed by the Department. The Department may fine | ||||||
15 | each licensee an amount as determine by rule for each day | ||||||
16 | beyond April 15 the report is filed. | ||||||
17 | Section 20-30. Signage. The Department shall create, and | ||||||
18 | each cemetery authority shall conspicuously post signs in | ||||||
19 | English and Spanish in each cemetery office that contain the | ||||||
20 | Department's consumer hotline number, information on how to | ||||||
21 | file a complaint, and whatever other information that the | ||||||
22 | Department deems appropriate. | ||||||
23 | Article 22. |
| |||||||
| |||||||
1 | Cemetery Associations | ||||||
2 | Section 22-1. Cemetery association requirements. The | ||||||
3 | requirements of this Article apply to those entities formed as | ||||||
4 | and acting as cemetery associations that act as a cemetery and | ||||||
5 | are otherwise exempt from this Act pursuant to Section 5-20 of | ||||||
6 | this Act. A cemetery association offering or providing services | ||||||
7 | as a cemetery that is exempt pursuant to Section 5-20 of this | ||||||
8 | Act shall remain subject to the provisions of this Article and | ||||||
9 | its requirements, mandates, and discipline in accordance with | ||||||
10 | the provisions of this Act. Any cemetery association not exempt | ||||||
11 | in accordance with Section 5-20 of this Act shall obtain a | ||||||
12 | license from the Department in accordance with the provisions | ||||||
13 | of this Act and shall remain subject to all provisions of this | ||||||
14 | Act. | ||||||
15 | Section 22-2. Cemetery association formation. | ||||||
16 | (a) Any 6 or more persons may organize a cemetery | ||||||
17 | association, to be owned, managed, and controlled in the manner | ||||||
18 | provided in this Article.
| ||||||
19 | (b) Whenever 6 or more persons shall present to the | ||||||
20 | Secretary of State a petition setting forth that they desire to | ||||||
21 | organize a cemetery association under this Act, which shall | ||||||
22 | specify the county in which the cemetery association will be | ||||||
23 | located and the name and style of the cemetery association, the | ||||||
24 | Secretary of State shall issue to such persons and their |
| |||||||
| |||||||
1 | successors in trust, a certificate of organization, which shall | ||||||
2 | be in perpetuity and in trust for the use and benefit of all | ||||||
3 | persons who may acquire burial lots in the cemetery. | ||||||
4 | Section 22-3. Certificate of organization. Any person who | ||||||
5 | has received a certificate of organization from the Secretary | ||||||
6 | of State must record the certificate of organization with the | ||||||
7 | recorder's office of the county in which the cemetery is | ||||||
8 | situated, and when so recorded, the association shall be deemed | ||||||
9 | fully organized as a body corporate under the name adopted and | ||||||
10 | in its corporate name may sue and be sued. Whenever two-thirds | ||||||
11 | of the trustees of the cemetery association approve a | ||||||
12 | resolution to change the name of the cemetery association, a | ||||||
13 | copy of such resolution and approval thereof duly certified by | ||||||
14 | the President and Secretary of the association shall be filed | ||||||
15 | with the Department and upon approval thereof shall be filed in | ||||||
16 | the Office of the Secretary of State. Whenever two-thirds of | ||||||
17 | the trustees of a cemetery association approve a resolution to | ||||||
18 | dissolve the association, a copy of such resolution and | ||||||
19 | approval of the trustees of the cemetery association duly | ||||||
20 | certified by the President and Secretary shall be submitted to | ||||||
21 | the Department, and if approved by the Department, a copy of | ||||||
22 | such resolution and approval of the Department shall be duly | ||||||
23 | filed by the Department in the Office of the Secretary of | ||||||
24 | State. If the association has care funds as defined in this | ||||||
25 | Act, the Department shall not approve the dissolution of any |
| |||||||
| |||||||
1 | cemetery association unless proper disposition has been made of | ||||||
2 | such care funds, as provided by law, and in accordance with | ||||||
3 | this Act. Upon the filing of the resolution of either change of | ||||||
4 | name or dissolution of such cemetery association in the Office | ||||||
5 | of the Secretary of State, such change of name or dissolution | ||||||
6 | of such cemetery association shall be complete. The Department | ||||||
7 | shall so notify the trustees of such cemetery association. | ||||||
8 | Thereupon the trustees shall cause a copy of such resolution of | ||||||
9 | either change of name or dissolution to be recorded in the | ||||||
10 | recorder's office of the county where the cemetery is situated. | ||||||
11 | Section 22-4. Cemetery association composition; board of | ||||||
12 | trustees. A cemetery association meeting the requirements set | ||||||
13 | forth in Section 22-3 of this Act shall proceed to elect from | ||||||
14 | their own number a board of trustees for the association. The | ||||||
15 | board shall consist of not less than 6 and not more than 10 | ||||||
16 | members. The trustees, once elected, shall immediately | ||||||
17 | organize by electing from their own membership a president, | ||||||
18 | vice president, and treasurer, and shall also elect a | ||||||
19 | secretary, who may or may not be a member of the board of | ||||||
20 | trustees. The officers shall hold their respective offices for | ||||||
21 | and during the period of one year, and until their successors | ||||||
22 | are duly elected and qualified. Trustees, once elected, shall | ||||||
23 | divide themselves by lot into 2 classes, the first of which | ||||||
24 | shall hold their offices for a period of 3 years, and the | ||||||
25 | second of which shall hold their offices for a period of 6 |
| |||||||
| |||||||
1 | years. Thereafter the term of office of the trustees shall be 6 | ||||||
2 | years. Upon the expiration of the term of office of any of the | ||||||
3 | trustees, or the resignation or death or removal from the State | ||||||
4 | of Illinois of any trustees, or their removal from office as | ||||||
5 | provided in this Act, the remaining trustees shall fill the | ||||||
6 | vacancy by electing a person residing in the county where the | ||||||
7 | cemetery is located for a new 6-year term or, if no one can be | ||||||
8 | nominated, the President of the cemetery association shall | ||||||
9 | notify the Department of such vacancy or vacancies in writing. | ||||||
10 | Thereafter the Department shall fill the vacancy or vacancies | ||||||
11 | by appointing a suitable person or persons as trustees. In | ||||||
12 | making such appointments, the Department shall exercise its | ||||||
13 | power such that at least two-thirds of the trustees shall be | ||||||
14 | selected from suitable persons residing within 15 miles of the | ||||||
15 | cemetery, or some part thereof, and the other appointees may be | ||||||
16 | suitable persons interested in said cemetery association | ||||||
17 | through family interments or otherwise who are citizens of the | ||||||
18 | State of Illinois. | ||||||
19 | Section 22-5. Right to acquire land. Any cemetery | ||||||
20 | association shall have the right to acquire the necessary | ||||||
21 | amount of land for the use of the cemetery association. Land | ||||||
22 | may be acquired by purchase or by gift, and the association is | ||||||
23 | authorized to receive by gift or legacy any property, either | ||||||
24 | real, personal, or mixed, which may be donated to the | ||||||
25 | association to hold and keep inviolate any such property for |
| |||||||
| |||||||
1 | the uses of the cemetery association. A cemetery association | ||||||
2 | may receive and administer endowments for the care and | ||||||
3 | oversight of such cemetery or any part thereof. All cemetery | ||||||
4 | associations shall be subject to and shall comply with the | ||||||
5 | provisions of the other Articles of this Act unless otherwise | ||||||
6 | exempted by the provisions of this Act. | ||||||
7 | Section 22-6. Plat; plots; recordation. All cemetery | ||||||
8 | associations may divide and lay out into lots any real estate | ||||||
9 | that it may acquire. When such division takes place, the lots | ||||||
10 | shall be of suitable size for burial lots. A plat of any land | ||||||
11 | that is laid out into lots as provided in this Section shall | ||||||
12 | comply with the Illinois Professional Land Surveyor Act of 1989 | ||||||
13 | and be filed by the cemetery association at its on-site office, | ||||||
14 | or if it does not maintain an on-site office, at its principal | ||||||
15 | place of business. The cemetery association shall have the | ||||||
16 | right to sell to any person or persons a lot or lots in the | ||||||
17 | cemetery for burial purposes only, and to convey to such person | ||||||
18 | or persons a lot by a proper certificate of conveyance. A | ||||||
19 | person or persons purchasing a lot or lots shall have the right | ||||||
20 | to use the same for burial purposes as limited by the | ||||||
21 | reasonable rules of the cemetery association; but no cemetery | ||||||
22 | association shall make or enforce any rule prohibiting the | ||||||
23 | erection of any memorial on any lot or lots as may be | ||||||
24 | prescribed or provided by the United States or the State of | ||||||
25 | Illinois for a soldier, sailor, or marine having served and |
| |||||||
| |||||||
1 | been honorably discharged from the Army, Navy, Air Force, | ||||||
2 | Marine Corps, Coast Guard, National Guard, Reserve Units, or | ||||||
3 | Merchant Marines of the United States or the State of Illinois | ||||||
4 | that meets the established and written rules and regulations of | ||||||
5 | the cemetery. | ||||||
6 | Section 22-7. Funds; loans. The treasurer of a cemetery | ||||||
7 | association may from time to time loan money that the | ||||||
8 | association may have that is not needed for the immediate use | ||||||
9 | of the association by taking proper security for the loan, and | ||||||
10 | the loan and the security for the loan shall, before the loan | ||||||
11 | becomes effective, be approved by the board of trustees of the | ||||||
12 | cemetery association. | ||||||
13 | Section 22-8. Officer trustee compensation; salary. No | ||||||
14 | officer or trustee of a cemetery association shall receive any | ||||||
15 | compensation of any kind for any services rendered by him or | ||||||
16 | her on behalf of the association, except that officers and | ||||||
17 | trustees may be reimbursed for reasonable expenses, and the | ||||||
18 | secretary and treasurer of the association may receive such | ||||||
19 | salary as may be fixed by the board of trustees. | ||||||
20 | Section 22-9. Payment of earnings or dividends. No earnings | ||||||
21 | or dividends shall be declared or paid to any officer or other | ||||||
22 | person from the funds of a cemetery association. Such earnings | ||||||
23 | and dividends shall be kept inviolate and be used only for |
| |||||||
| |||||||
1 | purposes of the association and the care, preservation, and | ||||||
2 | ornamentation of the cemetery. | ||||||
3 | Section 22-10. Annual reports. The board of trustees for | ||||||
4 | any cemetery association that is exempt in accordance with the | ||||||
5 | provisions of this Act and subject to the provisions of this | ||||||
6 | Article shall annually prepare and file with the Department the | ||||||
7 | report required to be filed by a licensee under Section 20-25. | ||||||
8 | The Department shall examine such report to determine whether | ||||||
9 | the association has fully complied with the requirements of | ||||||
10 | this Act. If a cemetery association fails to submit an annual | ||||||
11 | report to the Department within the time specified in Section | ||||||
12 | 20-25, the Department shall impose upon the cemetery | ||||||
13 | association a fine as provided for by rule for each and every | ||||||
14 | day the cemetery licensee remains delinquent in submitting the | ||||||
15 | report. Any fine established pursuant to this Section shall be | ||||||
16 | paid within 60 days after the effective date of the order | ||||||
17 | imposing the fine unless such time is extended, the fine is | ||||||
18 | reduced, or the fine is otherwise waived. The order shall | ||||||
19 | constitute a judgment and may be filed and execution had | ||||||
20 | thereon in the same manner as any judgment from any court of | ||||||
21 | record. | ||||||
22 | Section 22-11. Fees; fines. Except as otherwise provided in | ||||||
23 | this Act, the fees for the administration and enforcement of | ||||||
24 | this Article shall be set by rule of the Department. The fees |
| |||||||
| |||||||
1 | shall be nonrefundable. | ||||||
2 | Section 22-12. Deposit of fees and fines. All of the fees, | ||||||
3 | fines, or other moneys collected by the Department from | ||||||
4 | cemetery associations under this Article shall be deposited | ||||||
5 | into the Cemetery Oversight Licensing and Disciplinary Fund. | ||||||
6 | Section 22-13. Injunctive relief. | ||||||
7 | (a) If any cemetery association otherwise exempted under | ||||||
8 | the provisions of this Act violates any of the provisions of | ||||||
9 | this Article, the Department, any interested party, any person | ||||||
10 | injured thereby, the Attorney General of the State of Illinois, | ||||||
11 | or the State's Attorney in the county in which the offense | ||||||
12 | occurs may petition to the circuit court of the county in which | ||||||
13 | the violation or some part thereof occurred or of the county | ||||||
14 | where the association has its principal place of business for | ||||||
15 | an order enjoining the violation or for an order enforcing | ||||||
16 | compliance with this Act. Upon the filing of a verified | ||||||
17 | petition in court, the court may issue a temporary restraining | ||||||
18 | order, without notice or bond, and may preliminarily and | ||||||
19 | permanently enjoin the violation. If it is established that the | ||||||
20 | person has violated or is violating the injunction, the court | ||||||
21 | may punish the offender for contempt of court. Proceedings | ||||||
22 | under this Section shall be in addition to, and not in lieu of, | ||||||
23 | all other remedies and penalties provided by this Article. | ||||||
24 | (b) For misconduct in office any trustee of a cemetery |
| |||||||
| |||||||
1 | association may be removed from office by a court of competent | ||||||
2 | jurisdiction. Any trustee of an association who converts any | ||||||
3 | funds of an association to his or her own use or to a use other | ||||||
4 | than that intended shall be guilty of embezzlement as provided | ||||||
5 | by State law. | ||||||
6 | (c) All cemetery associations shall remain subject to the | ||||||
7 | duties, obligations, and requirements of this Act unless | ||||||
8 | otherwise exempted by this Act. Those cemetery associations | ||||||
9 | exempted under this Act shall comply with the provisions of | ||||||
10 | this Article. | ||||||
11 | Section 22-14. Rules; bond requirement.
| ||||||
12 | (a) The board of trustees of the cemetery association may | ||||||
13 | make any and all rules and regulations for the management of | ||||||
14 | the association not inconsistent with this Article or this Act. | ||||||
15 | (b) All members of the board of trustees of a cemetery | ||||||
16 | association that fail to maintain the bond or letter of credit | ||||||
17 | as required under this Act shall remain jointly and severally | ||||||
18 | liable for damages and each shall be guilty of a Class A | ||||||
19 | misdemeanor for the first offense and a Class 4 felony for | ||||||
20 | second and subsequent offenses.
| ||||||
21 | Section 22-15. Conveyance of property. Any cemetery | ||||||
22 | association organized under this Act may convey any property | ||||||
23 | that it may hold within a city, village, incorporated town, | ||||||
24 | county not under township organization, or town, to the city, |
| |||||||
| |||||||
1 | village, incorporated town, county, or town within which this | ||||||
2 | property is located and may convey any property that it may | ||||||
3 | hold within one mile of any city, village, or incorporated town | ||||||
4 | to such city, village, or incorporated town. If the city, | ||||||
5 | village, incorporated town, county, or town accepts the | ||||||
6 | conveyance, then such property shall thereafter be under the | ||||||
7 | control, management, maintenance, and ownership of the city, | ||||||
8 | village, incorporated town, county, or town. | ||||||
9 | Section 22-16. Grants. Any cemetery association organized | ||||||
10 | under this Article shall be authorized to obtain a grant or | ||||||
11 | grants of federal funds from the United States Government, or | ||||||
12 | from any proper agency thereof, for the construction of a | ||||||
13 | memorial gateway and entrance on property of a cemetery | ||||||
14 | association that is maintained as a national cemetery. Any | ||||||
15 | cemetery association organized under this Act shall be | ||||||
16 | authorized to convey in fee simple to the United States | ||||||
17 | Government, or to any proper agency thereof, such portion of | ||||||
18 | property of such cemetery as is now or may hereafter be | ||||||
19 | maintained as a national cemetery. | ||||||
20 | Section 22-17. Taxable property. The property, both real | ||||||
21 | and personal, of any cemetery association organized under this | ||||||
22 | Act shall be forever exempt from taxation for any and all | ||||||
23 | purposes. |
| |||||||
| |||||||
1 | Section 22-18. Additional property. A cemetery association | ||||||
2 | organized under this Act that has acquired or may hereafter | ||||||
3 | acquire land by purchase, deed, will, or otherwise, and has | ||||||
4 | platted, mapped, and used the land for cemetery purposes, may, | ||||||
5 | when necessary, acquire additional land adjoining or abutting | ||||||
6 | the cemetery. | ||||||
7 | Section 22-21. Administrative rules. The Department shall | ||||||
8 | have authority to adopt and implement administrative rules | ||||||
9 | relating to all Sections under this Article. The rules may | ||||||
10 | include, but shall not be limited to, rules in those areas | ||||||
11 | relating to forms, fees, requirements, notices, discipline, | ||||||
12 | and any other rule necessary to properly implement the intent | ||||||
13 | of this Article. | ||||||
14 | Article 25. | ||||||
15 | Administration and Enforcement | ||||||
16 | Section 25-1. Denial of license or exemption from | ||||||
17 | licensure. If the Department determines that an application for | ||||||
18 | licensure or exemption from licensure should be denied pursuant | ||||||
19 | to Section 25-10, then the applicant shall be sent a notice of | ||||||
20 | intent to deny license or exemption from licensure and the | ||||||
21 | applicant shall be given the opportunity to request, within 20 | ||||||
22 | days of the notice, a hearing on the denial. If the applicant | ||||||
23 | requests a hearing, then the Secretary shall schedule a hearing |
| |||||||
| |||||||
1 | within 30 days after the request for a hearing, unless | ||||||
2 | otherwise agreed to by the parties. The Secretary shall have | ||||||
3 | the authority to appoint an attorney duly licensed to practice | ||||||
4 | law in the State of Illinois to serve as the hearing officer. | ||||||
5 | The hearing officer shall have full authority to conduct the | ||||||
6 | hearing. The hearing shall be held at the time and place | ||||||
7 | designated by the Secretary. The Secretary shall have the | ||||||
8 | authority to prescribe rules for the administration of this | ||||||
9 | Section. | ||||||
10 | Section 25-3. Exemption, investigation, mediation. All | ||||||
11 | cemetery authorities maintaining a partial exemption must | ||||||
12 | submit to the following investigation and mediation procedure | ||||||
13 | by the Department in the event of a consumer complaint: | ||||||
14 | (a) Complaints to cemetery: | ||||||
15 | (1) the cemetery authority shall make every effort to | ||||||
16 | first resolve a consumer complaint; and
| ||||||
17 | (2) if the complaint is not resolved, then the cemetery | ||||||
18 | authority shall advise the consumer of his or her right to | ||||||
19 | seek investigation and mediation by the Department. | ||||||
20 | (b) Complaints to the Department: | ||||||
21 | (1) if the Department receives a complaint, the | ||||||
22 | Department shall make an initial determination as to | ||||||
23 | whether the complaint has a reasonable basis and pertains | ||||||
24 | to this Act;
| ||||||
25 | (2) if the Department determines that the complaint has |
| |||||||
| |||||||
1 | a reasonable basis and pertains to this Act, it shall | ||||||
2 | inform the cemetery authority of the complaint and give it | ||||||
3 | 30 days to tender a response;
| ||||||
4 | (3) upon receiving the cemetery authority's response, | ||||||
5 | or after the 30 days provided in subsection (2) of this | ||||||
6 | subsection, whichever comes first, the Department shall | ||||||
7 | attempt to resolve the complaint telephonically with the | ||||||
8 | parties involved;
| ||||||
9 | (4) if the complaint still is not resolved, then the | ||||||
10 | Department shall conduct an investigation and mediate the | ||||||
11 | complaint as provided for by rule;
| ||||||
12 | (5) if the Department conducts an on-site | ||||||
13 | investigation and face-to-face mediation with the parties, | ||||||
14 | then it may charge the cemetery authority a single | ||||||
15 | investigation and mediation fee, which fee shall be set by | ||||||
16 | rule and shall be calculated on an hourly basis; and
| ||||||
17 | (6) if all attempts to resolve the consumer complaint | ||||||
18 | as provided for in paragraphs (1) through (5) fail, then | ||||||
19 | the cemetery authority may be subject to proceedings for | ||||||
20 | penalties and discipline under this Article when it is | ||||||
21 | determined by the Department that the cemetery authority | ||||||
22 | may have engaged in any of the following: (i) gross | ||||||
23 | malpractice; (ii) dishonorable, unethical, or | ||||||
24 | unprofessional conduct of a character likely to deceive, | ||||||
25 | defraud, or harm the public; (iii) gross, willful, or | ||||||
26 | continued overcharging for services; (iv) incompetence; |
| |||||||
| |||||||
1 | (v) unjustified failure to honor its contracts; or (vi) | ||||||
2 | failure to adequately maintain its premises. The | ||||||
3 | Department may issue a citation or institute disciplinary | ||||||
4 | action and cause the matter to be prosecuted and may | ||||||
5 | thereafter issue and enforce its final order as provided in | ||||||
6 | this Act.
| ||||||
7 | Section 25-5. Citations. | ||||||
8 | (a) The Department may adopt rules to permit the issuance | ||||||
9 | of citations for non-frivolous complaints. The citation shall | ||||||
10 | be issued to the licensee and shall contain the licensee's name | ||||||
11 | and address, the licensee's license number, a brief factual | ||||||
12 | statement, the Sections of the law allegedly violated, and the | ||||||
13 | penalty imposed. The citation must clearly state that the | ||||||
14 | licensee may choose, in lieu of accepting the citation, to | ||||||
15 | request a hearing. If the licensee does not dispute the matter | ||||||
16 | in the citation with the Department within 30 days after the | ||||||
17 | citation is served, then the citation shall become a final | ||||||
18 | order and shall constitute discipline. The penalty shall be a | ||||||
19 | fine or other conditions as established by rule. | ||||||
20 | (b) The Department shall adopt rules designating | ||||||
21 | violations for which a citation may be issued. Such rules shall | ||||||
22 | designate as citation violations those violations for which | ||||||
23 | there is no substantial threat to the public health, safety, | ||||||
24 | and welfare. Citations shall not be utilized if there was any | ||||||
25 | significant consumer harm resulting from the violation. |
| |||||||
| |||||||
1 | (c) A citation must be issued within 6 months after the | ||||||
2 | reporting of a violation that is the basis for the citation. | ||||||
3 | (d) Service of a citation may be made by personal service | ||||||
4 | or certified mail to the licensee at the licensee's address of | ||||||
5 | record. | ||||||
6 | Section 25-10. Grounds for disciplinary action. | ||||||
7 | (a) The Department may refuse to issue or renew a license | ||||||
8 | or may revoke, suspend, place on probation, reprimand, or take | ||||||
9 | other disciplinary action as the Department may deem | ||||||
10 | appropriate, including imposing fines not to exceed $10,000 for | ||||||
11 | each violation, with regard to any license under this Act, for | ||||||
12 | any one or combination of the following: | ||||||
13 | (1) Material misstatement in furnishing information to | ||||||
14 | the Department.
| ||||||
15 | (2) Violations of this Act, except for Section 20-8, or | ||||||
16 | of the rules adopted under this Act.
| ||||||
17 | (3) Conviction of, or entry of a plea of guilty or nolo | ||||||
18 | contendere to, any crime within the last 10 years that is a | ||||||
19 | Class X felony or is a felony involving fraud and | ||||||
20 | dishonesty under the laws of the United States or any state | ||||||
21 | or territory thereof. | ||||||
22 | (4) Making any misrepresentation for the purpose of | ||||||
23 | obtaining licensure or violating any provision of this Act | ||||||
24 | or the rules adopted under this Act.
| ||||||
25 | (5) Professional incompetence.
|
| |||||||
| |||||||
1 | (6) Gross malpractice.
| ||||||
2 | (7) Aiding or assisting another person in violating any | ||||||
3 | provision of this Act or rules adopted under this Act.
| ||||||
4 | (8) Failing, within 10 business days, to provide | ||||||
5 | information in response to a written request made by the | ||||||
6 | Department.
| ||||||
7 | (9) Engaging in dishonorable, unethical, or | ||||||
8 | unprofessional conduct of a character likely to deceive, | ||||||
9 | defraud, or harm the public.
| ||||||
10 | (10) Inability to practice with reasonable judgment, | ||||||
11 | skill, or safety as a result of habitual or excessive use | ||||||
12 | of alcohol, narcotics, stimulants, or any other chemical | ||||||
13 | agent or drug. | ||||||
14 | (11) Discipline by another state, District of | ||||||
15 | Columbia, territory, or foreign nation, if at least one of | ||||||
16 | the grounds for the discipline is the same or substantially | ||||||
17 | equivalent to those set forth in this Section. | ||||||
18 | (12) Directly or indirectly giving to or receiving from | ||||||
19 | any person, firm, corporation, partnership, or association | ||||||
20 | any fee, commission, rebate, or other form of compensation | ||||||
21 | for professional services not actually or personally | ||||||
22 | rendered. | ||||||
23 | (13) A finding by the Department that the licensee, | ||||||
24 | after having his or her license placed on probationary | ||||||
25 | status, has violated the terms of probation.
| ||||||
26 | (14) Willfully making or filing false records or |
| |||||||
| |||||||
1 | reports in his or her practice, including, but not limited | ||||||
2 | to, false records filed with any governmental agency or | ||||||
3 | department. | ||||||
4 | (15) Inability to practice the profession with | ||||||
5 | reasonable judgment, skill, or safety. | ||||||
6 | (16) Failure to file an annual report or to maintain in | ||||||
7 | effect the required bond or to comply with an order, | ||||||
8 | decision, or finding of the Department made pursuant to | ||||||
9 | this Act. | ||||||
10 | (17) Directly or indirectly receiving compensation for | ||||||
11 | any professional services not actually performed. | ||||||
12 | (18) Practicing under a false or, except as provided by | ||||||
13 | law, an assumed name.
| ||||||
14 | (19) Fraud or misrepresentation in applying for, or | ||||||
15 | procuring, a license under this Act or in connection with | ||||||
16 | applying for renewal of a license under this Act.
| ||||||
17 | (20) Cheating on or attempting to subvert the licensing | ||||||
18 | examination administered under this Act.
| ||||||
19 | (21) Unjustified failure to honor its contracts.
| ||||||
20 | (22) Negligent supervision of a cemetery manager, | ||||||
21 | customer service employee, cemetery worker, or independent | ||||||
22 | contractor.
| ||||||
23 | (23) A pattern of practice or other behavior which | ||||||
24 | demonstrates incapacity or incompetence to practice under | ||||||
25 | this Act.
| ||||||
26 | (24) Allowing an individual who is not, but is required |
| |||||||
| |||||||
1 | to be, licensed under this Act to perform work for the | ||||||
2 | cemetery authority. | ||||||
3 | (25) Allowing an individual who has not, but is | ||||||
4 | required to, submit a Worker's Statement in accordance with | ||||||
5 | Section 10-22 of this Act to perform work at the cemetery. | ||||||
6 | (b) No action may be taken under this Act against a person | ||||||
7 | licensed under this Act unless the action is commenced within 5 | ||||||
8 | years after the occurrence of the alleged violations. A | ||||||
9 | continuing violation shall be deemed to have occurred on the | ||||||
10 | date when the circumstances last existed that give rise to the | ||||||
11 | alleged violation. | ||||||
12 | Section 25-13. Independent contractors. | ||||||
13 | (a) Notwithstanding any provision of this Act to the | ||||||
14 | contrary, a cemetery authority may, in exigent circumstances | ||||||
15 | only, allow an unlicensed independent contractor who otherwise | ||||||
16 | would be required to become licensed, or an independent | ||||||
17 | contractor that has not submitted a Worker's Statement who | ||||||
18 | otherwise would be required to submit a Worker's Statement, to | ||||||
19 | perform work of an emergency nature on a temporary basis to | ||||||
20 | prevent an immediate threat to public safety that could not | ||||||
21 | have been foreseen. The cemetery authority may only permit such | ||||||
22 | independent contractor to perform such work for so long as is | ||||||
23 | reasonably necessary to address the emergency, but in no case | ||||||
24 | longer than 10 days unless the Secretary approves a longer | ||||||
25 | period of time upon the cemetery authority's showing of good |
| |||||||
| |||||||
1 | cause. The cemetery authority shall report the use of such | ||||||
2 | independent contractor to the Department on forms provided by | ||||||
3 | the Department and according to rules adopted by the | ||||||
4 | Department.
| ||||||
5 | (b) Notwithstanding any provision of this Act to the | ||||||
6 | contrary, a cemetery authority may allow an unlicensed | ||||||
7 | independent contractor who otherwise would be required to | ||||||
8 | become licensed, or an independent contractor that has not | ||||||
9 | submitted a Worker's Statement who otherwise would be required | ||||||
10 | to submit a Worker's Statement, to perform work on a special | ||||||
11 | project basis, and only to perform work other than the | ||||||
12 | following services: openings and closings of vaults and graves, | ||||||
13 | stone settings, inurnments, interments, entombments, | ||||||
14 | administrative work, handling of any official burial records, | ||||||
15 | and all other work that is customarily performed by one or more | ||||||
16 | cemetery workers before the effective date of the Act, | ||||||
17 | including, but not limited to, the preparation of foundations | ||||||
18 | for memorials and routine cemetery maintenance. For purposes of | ||||||
19 | this subsection, "routine cemetery maintenance" includes those | ||||||
20 | activities described in items (1), (2), (3), and (6) of Section | ||||||
21 | 20-5(a) of this Act. | ||||||
22 | Section 25-14. Mandatory reports. | ||||||
23 | (a) If a cemetery authority receives a consumer complaint | ||||||
24 | that is not resolved to the satisfaction of the consumer within | ||||||
25 | 60 days of the complaint, the cemetery authority shall advise |
| |||||||
| |||||||
1 | the consumer of the right to seek investigation by the | ||||||
2 | Department and shall report the consumer complaint to the | ||||||
3 | Department within the next 30 days. Cemetery authorities shall | ||||||
4 | report to the Department within 30 days after the settlement of | ||||||
5 | any liability insurance claim or cause of action, or final | ||||||
6 | judgment in any cause of action, that alleges negligence, | ||||||
7 | fraud, theft, misrepresentation, misappropriation, or breach | ||||||
8 | of contract. | ||||||
9 | (b) The State's Attorney of each county shall report to the | ||||||
10 | Department all instances in which an individual licensed as a | ||||||
11 | cemetery manager or customer service employee, or any | ||||||
12 | individual listed on a licensed cemetery authority's | ||||||
13 | application under this Act, is convicted or otherwise found | ||||||
14 | guilty of the commission of any felony. The report shall be | ||||||
15 | submitted to the Department within 60 days after conviction or | ||||||
16 | finding of guilty. | ||||||
17 | Section 25-15. Cease and desist. | ||||||
18 | (a) The Secretary may issue an order to cease and desist to | ||||||
19 | any licensee or other person doing business without the | ||||||
20 | required license when, in the opinion of the Secretary, the | ||||||
21 | licensee or other person is violating or is about to violate | ||||||
22 | any provision of this Act or any rule or requirement imposed in | ||||||
23 | writing by the Department. | ||||||
24 | (b) The Secretary may issue an order to cease and desist | ||||||
25 | prior to a hearing and such order shall be in full force and |
| |||||||
| |||||||
1 | effect until a final administrative order is entered.
| ||||||
2 | (c) The Secretary shall serve notice of his or her action, | ||||||
3 | designated as an order to cease and desist made pursuant to | ||||||
4 | this Section, including a statement of the reasons for the | ||||||
5 | action, either personally or by certified mail, return receipt | ||||||
6 | requested. Service by certified mail shall be deemed completed | ||||||
7 | when the notice is deposited in the United States mail and sent | ||||||
8 | to the address of record or, in the case of unlicensed | ||||||
9 | activity, the address known to the Department. | ||||||
10 | (d) Within 15 days after service of the order to cease and | ||||||
11 | desist, the licensee or other person may request, in writing, a | ||||||
12 | hearing. | ||||||
13 | (e) The Secretary shall schedule a hearing within 30 days | ||||||
14 | after the request for a hearing unless otherwise agreed to by | ||||||
15 | the parties. | ||||||
16 | (f) The Secretary shall have the authority to prescribe | ||||||
17 | rules for the administration of this Section. | ||||||
18 | (g) If, after hearing, it is determined that the Secretary | ||||||
19 | has the authority to issue the order to cease and desist, he or | ||||||
20 | she may issue such orders as may be reasonably necessary to | ||||||
21 | correct, eliminate, or remedy such conduct. | ||||||
22 | (h) The powers vested in the Secretary by this Section are | ||||||
23 | additional to any and all other powers and remedies vested in | ||||||
24 | the Secretary by law and nothing in this Section shall be | ||||||
25 | construed as requiring that the Secretary shall employ the | ||||||
26 | power conferred in this Section instead of or as a condition |
| |||||||
| |||||||
1 | precedent to the exercise of any other power or remedy vested | ||||||
2 | in the Secretary. | ||||||
3 | Section 25-25. Investigations, notice, hearings. | ||||||
4 | (a) The Department may at any time investigate the actions | ||||||
5 | of any applicant or of any person or persons rendering or | ||||||
6 | offering to render services as a cemetery authority, cemetery | ||||||
7 | manager, or customer service employee of or any person holding | ||||||
8 | or claiming to hold a license as a licensed cemetery authority, | ||||||
9 | cemetery manager, or customer service employee. If it appears | ||||||
10 | to the Department that a person has engaged in, is engaging in, | ||||||
11 | or is about to engage in any practice declared to be unlawful | ||||||
12 | by this Act, then the Department may: (1) require that person | ||||||
13 | to file on such terms as the Department prescribes a statement | ||||||
14 | or report in writing, under oath or otherwise, containing all | ||||||
15 | information the Department may consider necessary to ascertain | ||||||
16 | whether a licensee is in compliance with this Act, or whether | ||||||
17 | an unlicensed person is engaging in activities for which a | ||||||
18 | license is required; (2) examine under oath any individual in | ||||||
19 | connection with the books and records pertaining to or having | ||||||
20 | an impact upon the operation of a cemetery or trust funds | ||||||
21 | required to be maintained pursuant to this Act; (3) examine any | ||||||
22 | books and records of the licensee, trustee, or investment | ||||||
23 | advisor that the Department may consider necessary to ascertain | ||||||
24 | compliance with this Act; and (4) require the production of a | ||||||
25 | copy of any record, book, document, account, or paper that is |
| |||||||
| |||||||
1 | produced in accordance with this Act and retain it in his or | ||||||
2 | her possession until the completion of all proceedings in | ||||||
3 | connection with which it is produced. | ||||||
4 | (b) The Secretary may, after 10 days notice by certified | ||||||
5 | mail with return receipt requested to the licensee at the | ||||||
6 | address of record or to the last known address of any other | ||||||
7 | person stating the contemplated action and in general the | ||||||
8 | grounds therefor, fine such licensee an amount not exceeding | ||||||
9 | $10,000 per violation or revoke, suspend, refuse to renew, | ||||||
10 | place on probation, or reprimand any license issued under this | ||||||
11 | Act if he or she finds that:
| ||||||
12 | (1) the licensee has failed to comply with any | ||||||
13 | provision of this Act or any order, decision, finding, | ||||||
14 | rule, regulation, or direction of the Secretary lawfully | ||||||
15 | made pursuant to the authority of this Act; or
| ||||||
16 | (2) any fact or condition exists which, if it had | ||||||
17 | existed at the time of the original application for the | ||||||
18 | license, clearly would have warranted the Secretary in | ||||||
19 | refusing to issue the license.
| ||||||
20 | (c) The Secretary may fine, revoke, suspend, refuse to | ||||||
21 | renew, place on probation, reprimand, or take any other | ||||||
22 | disciplinary action as to the particular license with respect | ||||||
23 | to which grounds for the fine, revocation, suspension, refuse | ||||||
24 | to renew, probation, or reprimand, or other disciplinary action | ||||||
25 | occur or exist, but if the Secretary finds that grounds for | ||||||
26 | revocation are of general application to all offices or to more |
| |||||||
| |||||||
1 | than one office of the licensee, the Secretary shall fine, | ||||||
2 | revoke, suspend, refuse to renew, place on probation, | ||||||
3 | reprimand, or otherwise discipline every license to which such | ||||||
4 | grounds apply. | ||||||
5 | (d) In every case in which a license is revoked, suspended, | ||||||
6 | placed on probation, reprimanded, or otherwise disciplined, | ||||||
7 | the Secretary shall serve the licensee with notice of his or | ||||||
8 | her action, including a statement of the reasons for his or her | ||||||
9 | actions, either personally or by certified mail, return receipt | ||||||
10 | requested. Service by certified mail shall be deemed completed | ||||||
11 | when the notice is deposited in the United States mail and sent | ||||||
12 | to the address of record. | ||||||
13 | (e) An order assessing a fine, an order revoking, | ||||||
14 | suspending, placing on probation, or reprimanding a license or, | ||||||
15 | an order denying renewal of a license shall take effect upon | ||||||
16 | service of the order unless the licensee requests, in writing, | ||||||
17 | within 20 days after the date of service, a hearing. In the | ||||||
18 | event a hearing is requested, an order issued under this | ||||||
19 | Section shall be stayed until a final administrative order is | ||||||
20 | entered. | ||||||
21 | (f) If the licensee requests a hearing, then the Secretary | ||||||
22 | shall schedule a hearing within 30 days after the request for a | ||||||
23 | hearing unless otherwise agreed to by the parties. The | ||||||
24 | Secretary shall have the authority to appoint an attorney duly | ||||||
25 | licensed to practice law in the State of Illinois to serve as | ||||||
26 | the hearing officer in any disciplinary action with regard to a |
| |||||||
| |||||||
1 | license. The hearing officer shall have full authority to | ||||||
2 | conduct the hearing. | ||||||
3 | (g) The hearing shall be held at the time and place | ||||||
4 | designated by the Secretary. | ||||||
5 | (h) The Secretary shall have the authority to prescribe | ||||||
6 | rules for the administration of this Section. | ||||||
7 | (i) Fines imposed and any costs assessed shall be paid | ||||||
8 | within 60 days.
| ||||||
9 | Section 25-30. Consent order. At any point in any | ||||||
10 | investigation or disciplinary proceeding provided for in this | ||||||
11 | Act, both parties may agree to a negotiated consent order. The | ||||||
12 | consent order shall be final upon signature of the Secretary. | ||||||
13 | Section 25-35. Record of proceedings; transcript. The | ||||||
14 | Department, at its expense, shall preserve a record of all | ||||||
15 | proceedings at the formal hearing of any case. Any notice, all | ||||||
16 | documents in the nature of pleadings, written motions filed in | ||||||
17 | the proceedings, the transcripts of testimony, and orders of | ||||||
18 | the Department shall be in the record of the proceeding.
| ||||||
19 | Section 25-40. Subpoenas; depositions; oaths. | ||||||
20 | (a) The Department has the power to subpoena documents, | ||||||
21 | books, records, or other materials and to bring before it any | ||||||
22 | individual and to take testimony either orally or by | ||||||
23 | deposition, or both, with the same fees and mileage and in the |
| |||||||
| |||||||
1 | same manner as prescribed in civil cases in the courts of this | ||||||
2 | State. | ||||||
3 | (b) The Secretary and the designated hearing officer have | ||||||
4 | the power to administer oaths to witnesses at any hearing that | ||||||
5 | the Department is authorized to conduct and any other oaths | ||||||
6 | authorized in any Act administered by the Department. | ||||||
7 | (c) Every individual having taken an oath or affirmation in | ||||||
8 | any proceeding or matter wherein an oath is required by this | ||||||
9 | Act, who shall swear willfully, corruptly, and falsely in a | ||||||
10 | matter material to the issue or point in question, or shall | ||||||
11 | suborn any other individual to swear as aforesaid, shall be | ||||||
12 | guilty of perjury or subornation of perjury, as the case may be | ||||||
13 | and shall be punished as provided by State law relative to | ||||||
14 | perjury and subornation of perjury. | ||||||
15 | Section 25-45. Compelling testimony. Any circuit court, | ||||||
16 | upon application of the Department or designated hearing | ||||||
17 | officer may enter an order requiring the attendance of | ||||||
18 | witnesses and their testimony, and the production of documents, | ||||||
19 | papers, files, books, and records in connection with any | ||||||
20 | hearing or investigation. The court may compel obedience to its | ||||||
21 | order by proceedings for contempt. | ||||||
22 | Section 25-50. Findings and recommendations. | ||||||
23 | (a) At the conclusion of the hearing, the hearing officer | ||||||
24 | shall present to the Secretary a written report of its findings |
| |||||||
| |||||||
1 | of fact, conclusions of law, and recommendations. The report | ||||||
2 | shall contain a finding whether the accused person violated | ||||||
3 | this Act or its rules or failed to comply with the conditions | ||||||
4 | required in this Act or its rules. The hearing officer shall | ||||||
5 | specify the nature of any violations or failure to comply and | ||||||
6 | shall make his or her recommendations to the Secretary. In | ||||||
7 | making recommendations for any disciplinary actions, the | ||||||
8 | hearing officer may take into consideration all facts and | ||||||
9 | circumstances bearing upon the reasonableness of the conduct of | ||||||
10 | the accused and the potential for future harm to the public, | ||||||
11 | including, but not limited to, previous discipline of the | ||||||
12 | accused by the Department, intent, degree of harm to the public | ||||||
13 | and likelihood of harm in the future, any restitution made by | ||||||
14 | the accused, and whether the incident or incidents contained in | ||||||
15 | the complaint appear to be isolated or represent a continuing | ||||||
16 | pattern of conduct. In making its recommendations for | ||||||
17 | discipline, the hearing officer shall endeavor to ensure that | ||||||
18 | the severity of the discipline recommended is reasonably | ||||||
19 | related to the severity of the violation. | ||||||
20 | (b) The report of findings of fact, conclusions of law, and | ||||||
21 | recommendation of the hearing officer shall be the basis for | ||||||
22 | the Department's final order refusing to issue, restore, or | ||||||
23 | renew a license, or otherwise disciplining a licensee. If the | ||||||
24 | Secretary disagrees with the recommendations of the hearing | ||||||
25 | officer, the Secretary may issue an order in contravention of | ||||||
26 | the hearing officer's recommendations. The finding is not |
| |||||||
| |||||||
1 | admissible in evidence against the person in a criminal | ||||||
2 | prosecution brought for a violation of this Act, but the | ||||||
3 | hearing and finding are not a bar to a criminal prosecution | ||||||
4 | brought for a violation of this Act.
| ||||||
5 | Section 25-55. Rehearing. At the conclusion of the | ||||||
6 | hearing, a copy of the hearing officer's report shall be served | ||||||
7 | upon the applicant, licensee, or unlicensed person by the | ||||||
8 | Department, either personally or as provided in this Act. | ||||||
9 | Within 20 days after service, the applicant or licensee may | ||||||
10 | present to the Department a motion in writing for a rehearing, | ||||||
11 | which shall specify the particular grounds for rehearing. The | ||||||
12 | Department may respond to the motion for rehearing within 20 | ||||||
13 | days after its service on the Department. If no motion for | ||||||
14 | rehearing is filed, then upon the expiration of the time | ||||||
15 | specified for filing such a motion, or if a motion for | ||||||
16 | rehearing is denied, then upon denial, the Secretary may enter | ||||||
17 | a final order in accordance with recommendations of the hearing | ||||||
18 | officer except as provided in Section 25-60 of this Act. If the | ||||||
19 | applicant, licensee, or unlicensed person orders from the | ||||||
20 | reporting service and pays for a transcript of the record | ||||||
21 | within the time for filing a motion for rehearing, the 20-day | ||||||
22 | period within which a motion may be filed shall commence upon | ||||||
23 | the delivery of the transcript to the applicant or licensee.
| ||||||
24 | Section 25-60. Secretary; rehearing. Whenever the |
| |||||||
| |||||||
1 | Secretary believes that substantial justice has not been done | ||||||
2 | in the revocation, suspension, or refusal to issue, restore, or | ||||||
3 | renew a license, or other discipline of an applicant or | ||||||
4 | licensee, he or she may order a rehearing by the same or other | ||||||
5 | hearing officers. | ||||||
6 | Section 25-65. Order or certified copy; prima facie proof. | ||||||
7 | An order or certified copy thereof, over the seal of the | ||||||
8 | Department and purporting to be signed by the Secretary, is | ||||||
9 | prima facie proof that: | ||||||
10 | (1) the signature is the genuine signature of the | ||||||
11 | Secretary; | ||||||
12 | (2) the Secretary is duly appointed and qualified; and | ||||||
13 | (3) the hearing officer is qualified to act.
| ||||||
14 | Section 25-70. Receivership. In the event a cemetery | ||||||
15 | authority license is suspended or revoked or where an | ||||||
16 | unlicensed person has conducted activities requiring cemetery | ||||||
17 | authority licensure under this Act, the Department, through the | ||||||
18 | Attorney General, may petition the circuit courts of this State | ||||||
19 | for appointment of a receiver to administer the care funds of | ||||||
20 | such licensee or unlicensed person or to operate the cemetery. | ||||||
21 | (a) The court shall appoint a receiver if the court
| ||||||
22 | determines that a receivership is necessary or advisable: | ||||||
23 | (1) to ensure the orderly and proper conduct of a | ||||||
24 | licensee's professional business and affairs during or in |
| |||||||
| |||||||
1 | the aftermath of the administrative proceeding to revoke or | ||||||
2 | suspend the cemetery authority's license; | ||||||
3 | (2) for the protection of the public's interest and | ||||||
4 | rights in the business, premises, or activities of the | ||||||
5 | person sought to be placed in receivership; | ||||||
6 | (3) upon a showing of actual or constructive | ||||||
7 | abandonment of premises or business licensed or which was | ||||||
8 | not but should have been licensed under this Act; | ||||||
9 | (4) upon a showing of serious and repeated violations | ||||||
10 | of this Act demonstrating an inability or unwillingness of | ||||||
11 | a licensee to comply with the requirements of this Act; | ||||||
12 | (5) to prevent loss, wasting, dissipation, theft, or | ||||||
13 | conversion of assets that should be marshaled and held | ||||||
14 | available for the honoring of obligations under this Act; | ||||||
15 | or | ||||||
16 | (6) upon proof of other grounds that the court deems | ||||||
17 | good and sufficient for instituting receivership action | ||||||
18 | concerning the respondent sought to be placed in | ||||||
19 | receivership.
| ||||||
20 | (b) A receivership under this Section may be temporary, or | ||||||
21 | for the winding up and dissolution of the business, as the | ||||||
22 | Department may request and the court determines to be necessary | ||||||
23 | or advisable in the circumstances. Venue of receivership | ||||||
24 | proceedings may be, at the Department's election, in Cook | ||||||
25 | County or the county where the subject of the receivership is | ||||||
26 | located. The appointed receiver shall be the Department or such |
| |||||||
| |||||||
1 | person as the Department may nominate and the court shall | ||||||
2 | approve. | ||||||
3 | (c) The Department may adopt rules for the implementation | ||||||
4 | of this Section.
| ||||||
5 | Section 25-75. Cemetery Relief Fund. | ||||||
6 | (a) A special income-earning fund is hereby created in the | ||||||
7 | State treasury, known as the Cemetery Relief Fund. | ||||||
8 | (b) Beginning on July 1, 2011, and occurring on an annual | ||||||
9 | basis every year thereafter, three percent of the moneys in the | ||||||
10 | Cemetery Oversight Licensing and Disciplinary Fund shall be | ||||||
11 | deposited into the Cemetery Relief Fund. | ||||||
12 | (c) All monies deposited into the fund together with all | ||||||
13 | accumulated undistributed income thereon shall be held as a | ||||||
14 | special fund in the State treasury. The fund shall be used | ||||||
15 | solely for the purpose of providing grants to units of local | ||||||
16 | government and not-for-profit organizations, including, but | ||||||
17 | not limited to, not-for-profit cemetery authorities, to clean | ||||||
18 | up cemeteries that have been abandoned, neglected, or are | ||||||
19 | otherwise in need of additional care. | ||||||
20 | (d) The grant program shall be administered by the | ||||||
21 | Department.
| ||||||
22 | Section 25-80. Surrender of license. Upon the revocation | ||||||
23 | or suspension of a license under this Act, the licensee shall | ||||||
24 | immediately surrender his or her license to the Department. If |
| |||||||
| |||||||
1 | the licensee fails to do so, the Department has the right to | ||||||
2 | seize the license. | ||||||
3 | Section 25-85. Inactive status. | ||||||
4 | (a) Any licensed manager or customer service employee who | ||||||
5 | notifies the Department in writing on forms prescribed by the | ||||||
6 | Department as determined by rule, may elect to place his or her | ||||||
7 | license on an inactive status and shall, subject to rules of | ||||||
8 | the Department, be excused from payment of renewal fees until | ||||||
9 | he or she notifies the Department in writing of his or her | ||||||
10 | desire to resume active status. Any licensed manager or | ||||||
11 | licensed customer service employee requesting restoration from | ||||||
12 | inactive status shall pay the current renewal fee and meet | ||||||
13 | requirements as provided by rule. Any licensee whose license is | ||||||
14 | in inactive status shall not practice in the State of Illinois. | ||||||
15 | (b) A cemetery authority license may only go on inactive | ||||||
16 | status by following the provisions for dissolution set forth in | ||||||
17 | Section 10-50 or transfer in Section 10-45.
| ||||||
18 | Section 25-90. Restoration of license from discipline. At | ||||||
19 | any time after the successful completion of a term of | ||||||
20 | indefinite probation, suspension, or revocation of a license, | ||||||
21 | the Department may restore the license to the licensee, unless | ||||||
22 | after an investigation and a hearing the Secretary determines | ||||||
23 | that restoration is not in the public interest. |
| |||||||
| |||||||
1 | Section 25-95. Administrative review; venue. | ||||||
2 | (a) All final administrative decisions of the Department | ||||||
3 | are subject to judicial review under the Administrative Review | ||||||
4 | Law and its rules. The term "administrative decision" is | ||||||
5 | defined as in Section 3-101 of the Code of Civil Procedure. | ||||||
6 | (b) Proceedings for judicial review shall be commenced in | ||||||
7 | the circuit court of the county in which the party applying for | ||||||
8 | review resides, but if the party is not a resident of Illinois, | ||||||
9 | the venue shall be in Sangamon County.
| ||||||
10 | Section 25-100. Certifications of record; costs. The | ||||||
11 | Department shall not be required to certify any record to the | ||||||
12 | court, to file an answer in court, or to otherwise appear in | ||||||
13 | any court in a judicial review proceeding unless and until the | ||||||
14 | Department has received from the plaintiff payment of the costs | ||||||
15 | of furnishing and certifying the record, which costs shall be | ||||||
16 | determined by the Department. Failure on the part of the | ||||||
17 | plaintiff to file the receipt in court is grounds for dismissal | ||||||
18 | of the action. | ||||||
19 | Section 25-105. Violations. Any person who is found to | ||||||
20 | have violated any provision of this Act or any applicant for | ||||||
21 | licensure who files with the Department the fingerprints of an | ||||||
22 | individual other than himself or herself is guilty of a Class A | ||||||
23 | misdemeanor. Upon conviction of a second or subsequent offense | ||||||
24 | the violator shall be guilty of a Class 4 felony. However, |
| |||||||
| |||||||
1 | whoever intentionally fails to deposit the required amounts | ||||||
2 | into a trust provided for in this Act or intentionally and | ||||||
3 | improperly withdraws or uses trust funds for his or her own | ||||||
4 | benefit shall be guilty of a Class 4 felony and each day such | ||||||
5 | provisions are violated shall constitute a separate offense.
| ||||||
6 | Section 25-110. Civil action and civil penalties. In | ||||||
7 | addition to the other penalties and remedies provided in this | ||||||
8 | Act, the Department may bring a civil action in the county in | ||||||
9 | which the cemetery is located against a licensee or any other | ||||||
10 | person to enjoin any violation or threatened violation of this | ||||||
11 | Act. In addition to any other penalty provided by law, any | ||||||
12 | person who violates this Act shall forfeit and pay a civil | ||||||
13 | penalty to the Department in an amount not to exceed $10,000 | ||||||
14 | for each violation as determined by the Department. The civil | ||||||
15 | penalty shall be assessed by the Department in accordance with | ||||||
16 | the provisions of this Act. Any civil penalty shall be paid | ||||||
17 | within 60 days after the effective date of the order imposing | ||||||
18 | the civil penalty. The order shall constitute a judgment and | ||||||
19 | may be filed and execution had thereon in the same manner as | ||||||
20 | any judgment from any court of record. All moneys collected | ||||||
21 | under this Section shall be deposited into the Cemetery | ||||||
22 | Oversight Licensing and Disciplinary Fund. | ||||||
23 | Section 25-115. Illinois Administrative Procedure Act; | ||||||
24 | application. The Illinois Administrative Procedure Act is |
| |||||||
| |||||||
1 | expressly adopted and incorporated in this Act as if all of the | ||||||
2 | provisions of that Act were included in this Act, except that | ||||||
3 | the provision of paragraph (d) of Section 10-65 of the Illinois | ||||||
4 | Administrative Procedure Act, which provides that at hearings | ||||||
5 | the licensee has the right to show compliance with all lawful | ||||||
6 | requirements for retention or continuation or renewal of the | ||||||
7 | license, is specifically excluded. For the purpose of this Act, | ||||||
8 | the notice required under Section 10-25 of the Illinois | ||||||
9 | Administrative Procedure Act is considered sufficient when | ||||||
10 | mailed to the address of record. | ||||||
11 | Section 25-120. Whistleblower protection. | ||||||
12 | (a) "Retaliatory action" means the reprimand, discharge, | ||||||
13 | suspension, demotion, denial of promotion or transfer, or | ||||||
14 | change in the terms and conditions of employment of any | ||||||
15 | cemetery manager, licensed customer service employee, or | ||||||
16 | cemetery worker that is taken in retaliation for a cemetery | ||||||
17 | manager's, customer service employee's, or cemetery worker's | ||||||
18 | involvement in protected activity, as set forth in this | ||||||
19 | Section. | ||||||
20 | (b) A cemetery authority shall not take any retaliatory | ||||||
21 | action against a cemetery manager, customer service employee, | ||||||
22 | or cemetery worker because the cemetery manager, customer | ||||||
23 | service employee, or cemetery worker does any of the following: | ||||||
24 | (1) Discloses or threatens to disclose to a supervisor | ||||||
25 | or to a public body an activity, policy, or practice of a |
| |||||||
| |||||||
1 | cemetery manager, customer service employee, or the | ||||||
2 | cemetery authority that the cemetery manager, customer | ||||||
3 | service employee, or cemetery worker reasonably believes | ||||||
4 | is in violation of a law, rule, or regulation. | ||||||
5 | (2) Provides information to or testifies before any | ||||||
6 | public body conducting an investigation, hearing, or | ||||||
7 | inquiry into any violation of a law, rule, or regulation by | ||||||
8 | a cemetery manager or cemetery authority. | ||||||
9 | (3) Assists or participates in a proceeding to enforce | ||||||
10 | the provisions of this Act. | ||||||
11 | (c) A violation of this Section may be established only | ||||||
12 | upon a finding that (i) the cemetery manager, customer service | ||||||
13 | employee, or cemetery worker engaged in conduct described in | ||||||
14 | subsection (b) of this Section and (ii) that this conduct was a | ||||||
15 | contributing factor in the retaliatory action alleged by the | ||||||
16 | cemetery manager, customer service employee, or cemetery | ||||||
17 | worker. It is not a violation, however, if it is demonstrated | ||||||
18 | by clear and convincing evidence that the cemetery manager or | ||||||
19 | cemetery authority would have taken the same unfavorable | ||||||
20 | personnel action in the absence of that conduct. | ||||||
21 | (d) The cemetery manager, customer service employee, or | ||||||
22 | cemetery worker may be awarded all remedies necessary to make | ||||||
23 | the cemetery manager, customer service employee, or cemetery | ||||||
24 | worker whole and to prevent future violations of this Section. | ||||||
25 | Remedies imposed by the court may include, but are not limited | ||||||
26 | to, all of the following: |
| |||||||
| |||||||
1 | (1) reinstatement of the individual to either the same | ||||||
2 | position held before the retaliatory action or to an | ||||||
3 | equivalent position; | ||||||
4 | (2) two times the amount of back pay; | ||||||
5 | (3) interest on the back pay; | ||||||
6 | (4) the reinstatement of full fringe benefits and | ||||||
7 | seniority rights; and | ||||||
8 | (5) the payment of reasonable costs and attorneys' | ||||||
9 | fees. | ||||||
10 | (e) Nothing in this Section shall be deemed to diminish the | ||||||
11 | rights, privileges, or remedies of a cemetery manager, customer | ||||||
12 | service employee, or cemetery worker under any other federal or | ||||||
13 | State law, rule, or regulation or under any employment | ||||||
14 | contract. | ||||||
15 | Section 25-125. Cemetery Oversight Board. The Cemetery | ||||||
16 | Oversight Board is created and shall consist of the Secretary, | ||||||
17 | who shall serve as its chairperson, and 8 members appointed by | ||||||
18 | the Secretary. Appointments shall be made within 90 days after | ||||||
19 | the effective date of this Act. Three members shall represent | ||||||
20 | the segment of the cemetery industry that does not maintain a | ||||||
21 | partial exemption or full exemption, one member shall represent | ||||||
22 | the segment of the cemetery industry that maintains a partial | ||||||
23 | exemption as a public cemetery, one member shall represent the | ||||||
24 | segment of the cemetery industry that maintains a partial | ||||||
25 | exemption as a religious cemetery, 2 members shall be consumers |
| |||||||
| |||||||
1 | as defined in this Act, and one member shall represent the | ||||||
2 | general public. No member shall be a licensed professional from | ||||||
3 | a non-cemetery segment of the death care industry. Board | ||||||
4 | members shall serve 5-year terms and until their successors are | ||||||
5 | appointed and qualified. The membership of the Board should | ||||||
6 | reasonably reflect representation from the geographic areas in | ||||||
7 | this State. No member shall be reappointed to the Board for a | ||||||
8 | term that would cause his or her continuous service on the | ||||||
9 | Board to be longer than 10 successive years. Appointments to | ||||||
10 | fill vacancies shall be made in the same manner as original | ||||||
11 | appointments, for the unexpired portion of the vacated term. | ||||||
12 | Five members of the Board shall constitute a quorum. A quorum | ||||||
13 | is required for Board decisions. The Secretary may remove any | ||||||
14 | member of the Board for misconduct, incompetence, neglect of | ||||||
15 | duty, or for reasons prescribed by law for removal of State | ||||||
16 | officials. The Secretary may remove a member of the Board who | ||||||
17 | does not attend 2 consecutive meetings. The Department may, at | ||||||
18 | any time, seek the expert advice and knowledge of the Board on | ||||||
19 | any matter relating to the administration or enforcement of | ||||||
20 | this Act. The Secretary shall consider the recommendations of | ||||||
21 | the Board in the development of proposed rules under this Act | ||||||
22 | and for establishing guidelines and examinations as may be | ||||||
23 | required under this Act. Notice of any proposed rulemaking | ||||||
24 | under this Act shall be transmitted to the Board and the | ||||||
25 | Department shall review the response of the Board and any | ||||||
26 | recommendations made therein. |
| |||||||
| |||||||
1 | Article 35. | ||||||
2 | Consumer Bill of Rights | ||||||
3 | Section 35-5. Penalties. Cemetery authorities shall | ||||||
4 | respect the rights of consumers of cemetery products and | ||||||
5 | services as put forth in this Article. Failure to abide by the | ||||||
6 | cemetery duties listed in this Article or to comply with a | ||||||
7 | request by a consumer based on a consumer's privileges under | ||||||
8 | this Article may activate the mediation, citation, or | ||||||
9 | disciplinary processes in Article 25 of this Act. | ||||||
10 | Section 35-10. Consumer privileges.
| ||||||
11 | (a) The record required under this Section shall be open to | ||||||
12 | public inspection consistent with State and federal law. The | ||||||
13 | cemetery authority shall make available, consistent with State | ||||||
14 | and federal law, a true copy of the record upon written request | ||||||
15 | and payment of reasonable copy costs. At the time of the | ||||||
16 | interment, entombment, or inurnment, the cemetery authority | ||||||
17 | shall provide the record of the deceased's name and date of | ||||||
18 | burial to the person who would have authority to dispose of the | ||||||
19 | decedent's remains under the Disposition of Remains Act. | ||||||
20 | (b) Consumers have the right to purchase merchandise or | ||||||
21 | services directly from the cemetery authority when available or | ||||||
22 | through a third-party vendor of the consumer's choice without | ||||||
23 | incurring a penalty or additional charge by the cemetery |
| |||||||
| |||||||
1 | authority; provided, however, that consumers do not have the | ||||||
2 | right to purchase types of merchandise that would violate | ||||||
3 | applicable law or the cemetery authority's rules and | ||||||
4 | regulations. | ||||||
5 | (c) Consumers have the right to complain to the cemetery | ||||||
6 | authority or to the Department regarding cemetery-related | ||||||
7 | products and services as well as issues with customer service, | ||||||
8 | maintenance, or other cemetery activities. Complaints may be | ||||||
9 | brought by a consumer or the consumer's agent
appointed for | ||||||
10 | that purpose. | ||||||
11 | Section 35-15. Cemetery duties.
| ||||||
12 | (a) Prices for all cemetery-related products offered for | ||||||
13 | sale by the cemetery authority must be disclosed to the | ||||||
14 | consumer in writing on a standardized price list. | ||||||
15 | Memorialization pricing may be disclosed in price ranges. The | ||||||
16 | price list shall include the effective dates of the prices. The | ||||||
17 | price list shall include not only the range of interment, | ||||||
18 | inurnment, and entombment rights, and the cost of extending the | ||||||
19 | term of any term burial, but also any related merchandise or | ||||||
20 | services offered by the cemetery authority. Charges for | ||||||
21 | installation of markers, monuments, and vaults in cemeteries | ||||||
22 | must be the same without regard to where the item is purchased. | ||||||
23 | (b) A contract for the interment, inurnment, or entombment | ||||||
24 | of human remains must be signed by both parties: the consumer | ||||||
25 | and the cemetery authority or its representative. Before a |
| |||||||
| |||||||
1 | contract is signed, the prices for the purchased services and | ||||||
2 | merchandise must be disclosed on the contract and in plain | ||||||
3 | language. If a contract is for a term burial, the term, the | ||||||
4 | option to extend the term, and the subsequent disposition of | ||||||
5 | the human remains post-term must be in bold print and discussed | ||||||
6 | with the consumer. Any contract for the sale of a burial plot, | ||||||
7 | when designated, must disclose the exact location of the burial | ||||||
8 | plot based on the survey of the cemetery map or plat on file | ||||||
9 | with the cemetery authority. | ||||||
10 | (c) A cemetery authority that has the legal right to extend | ||||||
11 | a term burial shall, prior to disinterment, provide the family | ||||||
12 | or other authorized agent under the Disposition of Remains Act | ||||||
13 | the opportunity to extend the term of a term burial for the | ||||||
14 | cost as stated on the cemetery authority's current price list. | ||||||
15 | Regardless of whether the family or other authorized agent | ||||||
16 | chooses to extend the term burial, the cemetery authority | ||||||
17 | shall, prior to disinterment, provide notice to the family or | ||||||
18 | other authorized agent under the Disposition of Remains Act of | ||||||
19 | the cemetery authority's intention to disinter the remains and | ||||||
20 | to inter different human remains in that space. | ||||||
21 | (d) If any rules or regulations, including the operational | ||||||
22 | or maintenance requirements, of a cemetery change after the | ||||||
23 | date a contract is signed for the purchase of cemetery-related | ||||||
24 | or funeral-related products or services, the cemetery may not | ||||||
25 | require the consumer, purchaser, or such individual's relative | ||||||
26 | or representative to purchase any merchandise or service not |
| |||||||
| |||||||
1 | included in the original contract or in the rules and | ||||||
2 | regulations in existence when the contract was entered unless | ||||||
3 | the purchase is reasonable or required to make the cemetery | ||||||
4 | authority compliant with applicable law. | ||||||
5 | (e) No cemetery authority or its agent may engage in | ||||||
6 | deceptive or unfair practices. The cemetery authority and its | ||||||
7 | agents may not misrepresent legal or cemetery requirements. | ||||||
8 | (f) The Department may adopt rules regarding green burial | ||||||
9 | certification, green cremation products and methods, and | ||||||
10 | consumer education. | ||||||
11 | (g) The contractual requirements contained in this Section | ||||||
12 | only apply to contracts executed after the effective date of | ||||||
13 | this Act. | ||||||
14 | Article 75. | ||||||
15 | Administrative Provisions | ||||||
16 | Section 75-5. Conflict of interest. No investigator may | ||||||
17 | hold an active license issued pursuant to this Act, nor may an | ||||||
18 | investigator have a financial interest in a business licensed | ||||||
19 | under this Act. Any individual licensed under this Act who is | ||||||
20 | employed by the Department shall surrender his or her license | ||||||
21 | to the Department for the duration of that employment. The | ||||||
22 | licensee shall be exempt from all renewal fees while employed. | ||||||
23 | Section 75-15. Civil Administrative Code. The Department |
| |||||||
| |||||||
1 | shall exercise the powers and duties prescribed by the Civil | ||||||
2 | Administrative Code of Illinois and shall exercise all other | ||||||
3 | powers and duties set forth in this Act. | ||||||
4 | Section 75-20. Rules. The Department may adopt rules for | ||||||
5 | the administration and enforcement of this Act. The rules shall | ||||||
6 | include standards for licensure, professional conduct, and | ||||||
7 | discipline. | ||||||
8 | Section 75-25. Home rule. The regulation and licensing as | ||||||
9 | provided for in this Act are exclusive powers and functions of | ||||||
10 | the State. A home rule unit may not regulate or license | ||||||
11 | cemetery authorities, cemetery managers, customer service | ||||||
12 | employees, cemetery workers, or any activities relating to the | ||||||
13 | operation of a cemetery. This Section is a denial and | ||||||
14 | limitation of home rule powers and functions under subsection | ||||||
15 | (h) of Section 6 of Article VII of the Illinois Constitution. | ||||||
16 | Section 75-35. Roster. The Department shall, upon request | ||||||
17 | and payment of the required fee, provide a list of the names | ||||||
18 | and business addresses of all licensees under this Act. | ||||||
19 | Section 75-45. Fees. The Department shall by rule provide | ||||||
20 | for fees for the administration and enforcement of this Act, | ||||||
21 | and those fees are nonrefundable. All of the fees and fines | ||||||
22 | collected under this Act shall be deposited into the Cemetery |
| |||||||
| |||||||
1 | Oversight Licensing and Disciplinary Fund and be appropriated | ||||||
2 | to the Department for the ordinary and contingent expenses of | ||||||
3 | the Department in the administration and enforcement of this | ||||||
4 | Act. | ||||||
5 | Section 75-50. Burial permits. Notwithstanding any law to | ||||||
6 | the contrary, a cemetery authority shall ensure that every | ||||||
7 | burial permit applicable to that cemetery authority contains | ||||||
8 | the decedent's parcel identification number or other | ||||||
9 | information as provided by rule regarding the location of the | ||||||
10 | interment, entombment, or inurnment of the deceased that would | ||||||
11 | enable the Department to determine the precise location of the | ||||||
12 | decedent. | ||||||
13 | Section 75-55. Transition.
| ||||||
14 | (a) Within 60 days after the effective date of this Act, | ||||||
15 | the Comptroller shall provide the Department copies of records | ||||||
16 | in the Comptroller's possession pertaining to the Cemetery Care | ||||||
17 | Act and the Crematory Regulation Act that are necessary for the | ||||||
18 | Department's immediate responsibilities under this Act. All | ||||||
19 | other records pertaining to the Cemetery Care Act and the | ||||||
20 | Crematory Regulation Act shall be transferred to the Department | ||||||
21 | by March 1, 2012. In the case of records that pertain both to | ||||||
22 | the administration of the Cemetery Care Act or the Crematory | ||||||
23 | Regulation Act and to a function retained by the Comptroller, | ||||||
24 | the Comptroller, in consultation with the Department, shall |
| |||||||
| |||||||
1 | determine, within 60 days after the repeal of the Cemetery Care | ||||||
2 | Act, whether the records shall be transferred, copied, or left | ||||||
3 | with the Comptroller; until this determination has been made | ||||||
4 | the transfer shall not occur. | ||||||
5 | (b) A person licensed under one of the Acts listed in | ||||||
6 | subsection (a) of this Section or regulated under the Cemetery | ||||||
7 | Association Act shall continue to comply with the provisions of | ||||||
8 | those Acts until such time as the person is licensed under this | ||||||
9 | Act or those Acts are repealed or the amendatory changes made | ||||||
10 | by this amendatory Act of the 96th General Assembly take | ||||||
11 | effect, as the case may be, whichever is earlier. | ||||||
12 | (c) To support the costs that may be associated with | ||||||
13 | implementing and maintaining a licensure and regulatory | ||||||
14 | process for the licensure and regulation of cemetery | ||||||
15 | authorities, cemetery managers, customer service employees, | ||||||
16 | and cemetery workers, all cemetery authorities not maintaining | ||||||
17 | a full exemption or partial exemption shall pay a one-time fee | ||||||
18 | of $20 to the Department plus an additional charge of $1 per | ||||||
19 | burial unit per year within the cemetery. The Department may | ||||||
20 | establish forms for the collection of the fee established under | ||||||
21 | this subsection and shall deposit such fee into the Cemetery | ||||||
22 | Oversight Licensing and Disciplinary Fund. The Department may | ||||||
23 | begin to collect the aforementioned fee after the effective | ||||||
24 | date of this Act. In addition, the Department may establish | ||||||
25 | rules for the collection process, which may include, but shall | ||||||
26 | not be limited to, dates, forms, enforcement, or other |
| |||||||
| |||||||
1 | procedures necessary for the effective collection, deposit, | ||||||
2 | and
overall process regarding this Section. | ||||||
3 | (d) Any cemetery authority that fails to pay to the | ||||||
4 | Department the required fee or submits the incorrect amount | ||||||
5 | shall be subject to the penalties provided for in Section | ||||||
6 | 25-110 of this Act. | ||||||
7 | (e) Except as otherwise specifically provided, all fees, | ||||||
8 | fines, penalties, or other moneys received or collected | ||||||
9 | pursuant to this Act shall be deposited in the Cemetery | ||||||
10 | Oversight Licensing and Disciplinary Fund. | ||||||
11 | (f) All proportionate funds held in the Comptroller's | ||||||
12 | Administrative Fund related to unexpended moneys collected | ||||||
13 | under the Cemetery Care Act and the Crematory Regulation Act | ||||||
14 | shall be transferred to the Cemetery Oversight Licensing and | ||||||
15 | Disciplinary Fund within 60 days after the effective date of | ||||||
16 | the repeal of the Cemetery Care Act. | ||||||
17 | (g) Personnel employed by the Comptroller on February 29, | ||||||
18 | 2012, to perform the duties pertaining to the administration of | ||||||
19 | the Cemetery Care Act and the Crematory Regulation Act, are | ||||||
20 | transferred to the Department on March 1, 2012. | ||||||
21 | The rights of State employees, the State, and its agencies | ||||||
22 | under the Comptroller Merit Employment Code and applicable | ||||||
23 | collective bargaining agreements and retirement plans are not | ||||||
24 | affected under this Act, except that all positions transferred | ||||||
25 | to the Department shall be subject to the Personnel Code | ||||||
26 | effective March 1, 2012. |
| |||||||
| |||||||
1 | All transferred employees who are members of collective | ||||||
2 | bargaining units shall retain their seniority, continuous | ||||||
3 | service, salary, and accrued benefits. During the pendency of | ||||||
4 | the existing collective bargaining agreement, the rights | ||||||
5 | provided for under that agreement shall not be abridged. | ||||||
6 | The Department shall continue to honor during their | ||||||
7 | pendency all bargaining agreements in effect at the time of the | ||||||
8 | transfer and to recognize all collective bargaining | ||||||
9 | representatives for the employees who perform or will perform | ||||||
10 | functions transferred by this Act. For all purposes with | ||||||
11 | respect to the management of the existing agreement and the | ||||||
12 | negotiation and management of any successor agreements, the | ||||||
13 | Department shall be deemed the employer of employees who | ||||||
14 | perform or will perform functions transferred to the Department | ||||||
15 | by this Act. | ||||||
16 | Article 90. | ||||||
17 | Amendatory Provisions and Repeals | ||||||
18 | Section 90-1. The Regulatory Sunset Act is amended by | ||||||
19 | adding Section 8.31 as follows: | ||||||
20 | (5 ILCS 80/8.31 new) | ||||||
21 | Sec. 8.31. Acts repealed on January 1, 2021. The following | ||||||
22 | Acts are repealed on January 1, 2021: | ||||||
23 | The Crematory Regulation Act. |
| |||||||
| |||||||
1 | The Cemetery Oversight Act. | ||||||
2 | Section 90-3. The Freedom of Information Act is amended by | ||||||
3 | changing Section 7 as follows: | ||||||
4 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
5 | (Text of Section before amendment by P.A. 96-736 ) | ||||||
6 | Sec. 7. Exemptions.
| ||||||
7 | (1) When a request is made to inspect or copy a public | ||||||
8 | record that contains information that is exempt from disclosure | ||||||
9 | under this Section, but also contains information that is not | ||||||
10 | exempt from disclosure, the public body may elect to redact the | ||||||
11 | information that is exempt. The public body shall make the | ||||||
12 | remaining information available for inspection and copying. | ||||||
13 | Subject to this requirement, the following shall be exempt from | ||||||
14 | inspection and copying:
| ||||||
15 | (a) Information specifically prohibited from | ||||||
16 | disclosure by federal or
State law or rules and regulations | ||||||
17 | implementing federal or State law.
| ||||||
18 | (b) Private information, unless disclosure is required | ||||||
19 | by another provision of this Act, a State or federal law or | ||||||
20 | a court order. | ||||||
21 | (b-5) Files, documents, and other data or databases | ||||||
22 | maintained by one or more law enforcement agencies and | ||||||
23 | specifically designed to provide information to one or more | ||||||
24 | law enforcement agencies regarding the physical or mental |
| |||||||
| |||||||
1 | status of one or more individual subjects. | ||||||
2 | (c) Personal information contained within public | ||||||
3 | records, the disclosure of which would constitute a clearly
| ||||||
4 | unwarranted invasion of personal privacy, unless the | ||||||
5 | disclosure is
consented to in writing by the individual | ||||||
6 | subjects of the information. "Unwarranted invasion of | ||||||
7 | personal privacy" means the disclosure of information that | ||||||
8 | is highly personal or objectionable to a reasonable person | ||||||
9 | and in which the subject's right to privacy outweighs any | ||||||
10 | legitimate public interest in obtaining the information. | ||||||
11 | The
disclosure of information that bears on the public | ||||||
12 | duties of public
employees and officials shall not be | ||||||
13 | considered an invasion of personal
privacy.
| ||||||
14 | (d) Records in the possession of any public body | ||||||
15 | created in the course of administrative enforcement
| ||||||
16 | proceedings, and any law enforcement or correctional | ||||||
17 | agency for
law enforcement purposes,
but only to the extent | ||||||
18 | that disclosure would:
| ||||||
19 | (i) interfere with pending or actually and | ||||||
20 | reasonably contemplated
law enforcement proceedings | ||||||
21 | conducted by any law enforcement or correctional
| ||||||
22 | agency that is the recipient of the request;
| ||||||
23 | (ii) interfere with active administrative | ||||||
24 | enforcement proceedings
conducted by the public body | ||||||
25 | that is the recipient of the request;
| ||||||
26 | (iii) create a substantial likelihood that a |
| |||||||
| |||||||
1 | person will be deprived of a fair trial or an impartial | ||||||
2 | hearing;
| ||||||
3 | (iv) unavoidably disclose the identity of a | ||||||
4 | confidential source, confidential information | ||||||
5 | furnished only by the confidential source, or persons | ||||||
6 | who file complaints with or provide information to | ||||||
7 | administrative, investigative, law enforcement, or | ||||||
8 | penal agencies; except that the identities of | ||||||
9 | witnesses to traffic accidents, traffic accident | ||||||
10 | reports, and rescue reports shall be provided by | ||||||
11 | agencies of local government, except when disclosure | ||||||
12 | would interfere with an active criminal investigation | ||||||
13 | conducted by the agency that is the recipient of the | ||||||
14 | request;
| ||||||
15 | (v) disclose unique or specialized investigative | ||||||
16 | techniques other than
those generally used and known or | ||||||
17 | disclose internal documents of
correctional agencies | ||||||
18 | related to detection, observation or investigation of
| ||||||
19 | incidents of crime or misconduct, and disclosure would | ||||||
20 | result in demonstrable harm to the agency or public | ||||||
21 | body that is the recipient of the request;
| ||||||
22 | (vi) endanger the life or physical safety of law | ||||||
23 | enforcement personnel
or any other person; or
| ||||||
24 | (vii) obstruct an ongoing criminal investigation | ||||||
25 | by the agency that is the recipient of the request.
| ||||||
26 | (e) Records that relate to or affect the security of |
| |||||||
| |||||||
1 | correctional
institutions and detention facilities.
| ||||||
2 | (f) Preliminary drafts, notes, recommendations, | ||||||
3 | memoranda and other
records in which opinions are | ||||||
4 | expressed, or policies or actions are
formulated, except | ||||||
5 | that a specific record or relevant portion of a
record | ||||||
6 | shall not be exempt when the record is publicly cited
and | ||||||
7 | identified by the head of the public body. The exemption | ||||||
8 | provided in
this paragraph (f) extends to all those records | ||||||
9 | of officers and agencies
of the General Assembly that | ||||||
10 | pertain to the preparation of legislative
documents.
| ||||||
11 | (g) Trade secrets and commercial or financial | ||||||
12 | information obtained from
a person or business where the | ||||||
13 | trade secrets or commercial or financial information are | ||||||
14 | furnished under a claim that they are
proprietary, | ||||||
15 | privileged or confidential, and that disclosure of the | ||||||
16 | trade
secrets or commercial or financial information would | ||||||
17 | cause competitive harm to the person or business, and only | ||||||
18 | insofar as the claim directly applies to the records | ||||||
19 | requested. | ||||||
20 | The information included under this exemption includes | ||||||
21 | all (i) All trade secrets and commercial or financial | ||||||
22 | information obtained by a public body, including a public | ||||||
23 | pension fund, from a private equity fund or a privately | ||||||
24 | held company within the investment portfolio of a private | ||||||
25 | equity fund as a result of either investing or evaluating a | ||||||
26 | potential investment of public funds in a private equity |
| |||||||
| |||||||
1 | fund. The exemption contained in this item does not apply | ||||||
2 | to the aggregate financial performance information of a | ||||||
3 | private equity fund, nor to the identity of the fund's | ||||||
4 | managers or general partners. The exemption contained in | ||||||
5 | this item does not apply to the identity of a privately | ||||||
6 | held company within the investment portfolio of a private | ||||||
7 | equity fund, unless the disclosure of the identity of a | ||||||
8 | privately held company may cause competitive harm. | ||||||
9 | Nothing contained in this
paragraph (g) shall be | ||||||
10 | construed to prevent a person or business from
consenting | ||||||
11 | to disclosure.
| ||||||
12 | (h) Proposals and bids for any contract, grant, or | ||||||
13 | agreement, including
information which if it were | ||||||
14 | disclosed would frustrate procurement or give
an advantage | ||||||
15 | to any person proposing to enter into a contractor | ||||||
16 | agreement
with the body, until an award or final selection | ||||||
17 | is made. Information
prepared by or for the body in | ||||||
18 | preparation of a bid solicitation shall be
exempt until an | ||||||
19 | award or final selection is made.
| ||||||
20 | (i) Valuable formulae,
computer geographic systems,
| ||||||
21 | designs, drawings and research data obtained or
produced by | ||||||
22 | any public body when disclosure could reasonably be | ||||||
23 | expected to
produce private gain or public loss.
The | ||||||
24 | exemption for "computer geographic systems" provided in | ||||||
25 | this paragraph
(i) does not extend to requests made by news | ||||||
26 | media as defined in Section 2 of
this Act when the |
| |||||||
| |||||||
1 | requested information is not otherwise exempt and the only
| ||||||
2 | purpose of the request is to access and disseminate | ||||||
3 | information regarding the
health, safety, welfare, or | ||||||
4 | legal rights of the general public.
| ||||||
5 | (j) The following information pertaining to | ||||||
6 | educational matters: | ||||||
7 | (i) test questions, scoring keys and other | ||||||
8 | examination data used to
administer an academic | ||||||
9 | examination;
| ||||||
10 | (ii) information received by a primary or | ||||||
11 | secondary school, college, or university under its | ||||||
12 | procedures for the evaluation of faculty members by | ||||||
13 | their academic peers; | ||||||
14 | (iii) information concerning a school or | ||||||
15 | university's adjudication of student disciplinary | ||||||
16 | cases, but only to the extent that disclosure would | ||||||
17 | unavoidably reveal the identity of the student; and | ||||||
18 | (iv) course materials or research materials used | ||||||
19 | by faculty members. | ||||||
20 | (k) Architects' plans, engineers' technical | ||||||
21 | submissions, and
other
construction related technical | ||||||
22 | documents for
projects not constructed or developed in | ||||||
23 | whole or in part with public funds
and the same for | ||||||
24 | projects constructed or developed with public funds, | ||||||
25 | including but not limited to power generating and | ||||||
26 | distribution stations and other transmission and |
| |||||||
| |||||||
1 | distribution facilities, water treatment facilities, | ||||||
2 | airport facilities, sport stadiums, convention centers, | ||||||
3 | and all government owned, operated, or occupied buildings, | ||||||
4 | but
only to the extent
that disclosure would compromise | ||||||
5 | security.
| ||||||
6 | (l) Minutes of meetings of public bodies closed to the
| ||||||
7 | public as provided in the Open Meetings Act until the | ||||||
8 | public body
makes the minutes available to the public under | ||||||
9 | Section 2.06 of the Open
Meetings Act.
| ||||||
10 | (m) Communications between a public body and an | ||||||
11 | attorney or auditor
representing the public body that would | ||||||
12 | not be subject to discovery in
litigation, and materials | ||||||
13 | prepared or compiled by or for a public body in
| ||||||
14 | anticipation of a criminal, civil or administrative | ||||||
15 | proceeding upon the
request of an attorney advising the | ||||||
16 | public body, and materials prepared or
compiled with | ||||||
17 | respect to internal audits of public bodies.
| ||||||
18 | (n) Records relating to a public body's adjudication of | ||||||
19 | employee grievances or disciplinary cases; however, this | ||||||
20 | exemption shall not extend to the final outcome of cases in | ||||||
21 | which discipline is imposed.
| ||||||
22 | (o) Administrative or technical information associated | ||||||
23 | with automated
data processing operations, including but | ||||||
24 | not limited to software,
operating protocols, computer | ||||||
25 | program abstracts, file layouts, source
listings, object | ||||||
26 | modules, load modules, user guides, documentation
|
| |||||||
| |||||||
1 | pertaining to all logical and physical design of | ||||||
2 | computerized systems,
employee manuals, and any other | ||||||
3 | information that, if disclosed, would
jeopardize the | ||||||
4 | security of the system or its data or the security of
| ||||||
5 | materials exempt under this Section.
| ||||||
6 | (p) Records relating to collective negotiating matters
| ||||||
7 | between public bodies and their employees or | ||||||
8 | representatives, except that
any final contract or | ||||||
9 | agreement shall be subject to inspection and copying.
| ||||||
10 | (q) Test questions, scoring keys, and other | ||||||
11 | examination data used to determine the qualifications of an | ||||||
12 | applicant for a license or employment.
| ||||||
13 | (r) The records, documents , and information relating | ||||||
14 | to real estate
purchase negotiations until those | ||||||
15 | negotiations have been completed or
otherwise terminated. | ||||||
16 | With regard to a parcel involved in a pending or
actually | ||||||
17 | and reasonably contemplated eminent domain proceeding | ||||||
18 | under the Eminent Domain Act, records, documents and
| ||||||
19 | information relating to that parcel shall be exempt except | ||||||
20 | as may be
allowed under discovery rules adopted by the | ||||||
21 | Illinois Supreme Court. The
records, documents and | ||||||
22 | information relating to a real estate sale shall be
exempt | ||||||
23 | until a sale is consummated.
| ||||||
24 | (s) Any and all proprietary information and records | ||||||
25 | related to the
operation of an intergovernmental risk | ||||||
26 | management association or
self-insurance pool or jointly |
| |||||||
| |||||||
1 | self-administered health and accident
cooperative or pool.
| ||||||
2 | Insurance or self insurance (including any | ||||||
3 | intergovernmental risk management association or self | ||||||
4 | insurance pool) claims, loss or risk management | ||||||
5 | information, records, data, advice or communications.
| ||||||
6 | (t) Information contained in or related to | ||||||
7 | examination, operating, or
condition reports prepared by, | ||||||
8 | on behalf of, or for the use of a public
body responsible | ||||||
9 | for the regulation or supervision of financial
| ||||||
10 | institutions or insurance companies, unless disclosure is | ||||||
11 | otherwise
required by State law.
| ||||||
12 | (u) Information that would disclose
or might lead to | ||||||
13 | the disclosure of
secret or confidential information, | ||||||
14 | codes, algorithms, programs, or private
keys intended to be | ||||||
15 | used to create electronic or digital signatures under the
| ||||||
16 | Electronic Commerce Security Act.
| ||||||
17 | (v) Vulnerability assessments, security measures, and | ||||||
18 | response policies
or plans that are designed to identify, | ||||||
19 | prevent, or respond to potential
attacks upon a community's | ||||||
20 | population or systems, facilities, or installations,
the | ||||||
21 | destruction or contamination of which would constitute a | ||||||
22 | clear and present
danger to the health or safety of the | ||||||
23 | community, but only to the extent that
disclosure could | ||||||
24 | reasonably be expected to jeopardize the effectiveness of | ||||||
25 | the
measures or the safety of the personnel who implement | ||||||
26 | them or the public.
Information exempt under this item may |
| |||||||
| |||||||
1 | include such things as details
pertaining to the | ||||||
2 | mobilization or deployment of personnel or equipment, to | ||||||
3 | the
operation of communication systems or protocols, or to | ||||||
4 | tactical operations.
| ||||||
5 | (w) (Blank). | ||||||
6 | (x) Maps and other records regarding the location or | ||||||
7 | security of generation, transmission, distribution, | ||||||
8 | storage, gathering,
treatment, or switching facilities | ||||||
9 | owned by a utility, by a power generator, or by the | ||||||
10 | Illinois Power Agency.
| ||||||
11 | (y) Information contained in or related to proposals, | ||||||
12 | bids, or negotiations related to electric power | ||||||
13 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
14 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
15 | is determined to be confidential and proprietary by the | ||||||
16 | Illinois Power Agency or by the Illinois Commerce | ||||||
17 | Commission.
| ||||||
18 | (z) (tt) Information about students exempted from | ||||||
19 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
20 | School Code, and information about undergraduate students | ||||||
21 | enrolled at an institution of higher education exempted | ||||||
22 | from disclosure under Section 25 of the Illinois Credit | ||||||
23 | Card Marketing Act of 2009. | ||||||
24 | (bb) Information regarding interments, entombments, or | ||||||
25 | inurnments of human remains that are submitted to the | ||||||
26 | Cemetery Oversight Database under the Cemetery Care Act or |
| |||||||
| |||||||
1 | the Cemetery Oversight Act, whichever is applicable. | ||||||
2 | (2) A public record that is not in the possession of a | ||||||
3 | public body but is in the possession of a party with whom the | ||||||
4 | agency has contracted to perform a governmental function on | ||||||
5 | behalf of the public body, and that directly relates to the | ||||||
6 | governmental function and is not otherwise exempt under this | ||||||
7 | Act, shall be considered a public record of the public body, | ||||||
8 | for purposes of this Act. | ||||||
9 | (3) This Section does not authorize withholding of | ||||||
10 | information or limit the
availability of records to the public, | ||||||
11 | except as stated in this Section or
otherwise provided in this | ||||||
12 | Act.
| ||||||
13 | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; | ||||||
14 | 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; | ||||||
15 | 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; | ||||||
16 | revised 9-25-09.) | ||||||
17 | (Text of Section after amendment by P.A. 96-736 ) | ||||||
18 | Sec. 7. Exemptions.
| ||||||
19 | (1) When a request is made to inspect or copy a public | ||||||
20 | record that contains information that is exempt from disclosure | ||||||
21 | under this Section, but also contains information that is not | ||||||
22 | exempt from disclosure, the public body may elect to redact the | ||||||
23 | information that is exempt. The public body shall make the | ||||||
24 | remaining information available for inspection and copying. | ||||||
25 | Subject to this requirement, the following shall be exempt from |
| |||||||
| |||||||
1 | inspection and copying:
| ||||||
2 | (a) Information specifically prohibited from | ||||||
3 | disclosure by federal or
State law or rules and regulations | ||||||
4 | implementing federal or State law.
| ||||||
5 | (b) Private information, unless disclosure is required | ||||||
6 | by another provision of this Act, a State or federal law or | ||||||
7 | a court order. | ||||||
8 | (b-5) Files, documents, and other data or databases | ||||||
9 | maintained by one or more law enforcement agencies and | ||||||
10 | specifically designed to provide information to one or more | ||||||
11 | law enforcement agencies regarding the physical or mental | ||||||
12 | status of one or more individual subjects. | ||||||
13 | (c) Personal information contained within public | ||||||
14 | records, the disclosure of which would constitute a clearly
| ||||||
15 | unwarranted invasion of personal privacy, unless the | ||||||
16 | disclosure is
consented to in writing by the individual | ||||||
17 | subjects of the information. "Unwarranted invasion of | ||||||
18 | personal privacy" means the disclosure of information that | ||||||
19 | is highly personal or objectionable to a reasonable person | ||||||
20 | and in which the subject's right to privacy outweighs any | ||||||
21 | legitimate public interest in obtaining the information. | ||||||
22 | The
disclosure of information that bears on the public | ||||||
23 | duties of public
employees and officials shall not be | ||||||
24 | considered an invasion of personal
privacy.
| ||||||
25 | (d) Records in the possession of any public body | ||||||
26 | created in the course of administrative enforcement
|
| |||||||
| |||||||
1 | proceedings, and any law enforcement or correctional | ||||||
2 | agency for
law enforcement purposes,
but only to the extent | ||||||
3 | that disclosure would:
| ||||||
4 | (i) interfere with pending or actually and | ||||||
5 | reasonably contemplated
law enforcement proceedings | ||||||
6 | conducted by any law enforcement or correctional
| ||||||
7 | agency that is the recipient of the request;
| ||||||
8 | (ii) interfere with active administrative | ||||||
9 | enforcement proceedings
conducted by the public body | ||||||
10 | that is the recipient of the request;
| ||||||
11 | (iii) create a substantial likelihood that a | ||||||
12 | person will be deprived of a fair trial or an impartial | ||||||
13 | hearing;
| ||||||
14 | (iv) unavoidably disclose the identity of a | ||||||
15 | confidential source, confidential information | ||||||
16 | furnished only by the confidential source, or persons | ||||||
17 | who file complaints with or provide information to | ||||||
18 | administrative, investigative, law enforcement, or | ||||||
19 | penal agencies; except that the identities of | ||||||
20 | witnesses to traffic accidents, traffic accident | ||||||
21 | reports, and rescue reports shall be provided by | ||||||
22 | agencies of local government, except when disclosure | ||||||
23 | would interfere with an active criminal investigation | ||||||
24 | conducted by the agency that is the recipient of the | ||||||
25 | request;
| ||||||
26 | (v) disclose unique or specialized investigative |
| |||||||
| |||||||
1 | techniques other than
those generally used and known or | ||||||
2 | disclose internal documents of
correctional agencies | ||||||
3 | related to detection, observation or investigation of
| ||||||
4 | incidents of crime or misconduct, and disclosure would | ||||||
5 | result in demonstrable harm to the agency or public | ||||||
6 | body that is the recipient of the request;
| ||||||
7 | (vi) endanger the life or physical safety of law | ||||||
8 | enforcement personnel
or any other person; or
| ||||||
9 | (vii) obstruct an ongoing criminal investigation | ||||||
10 | by the agency that is the recipient of the request.
| ||||||
11 | (e) Records that relate to or affect the security of | ||||||
12 | correctional
institutions and detention facilities.
| ||||||
13 | (f) Preliminary drafts, notes, recommendations, | ||||||
14 | memoranda and other
records in which opinions are | ||||||
15 | expressed, or policies or actions are
formulated, except | ||||||
16 | that a specific record or relevant portion of a
record | ||||||
17 | shall not be exempt when the record is publicly cited
and | ||||||
18 | identified by the head of the public body. The exemption | ||||||
19 | provided in
this paragraph (f) extends to all those records | ||||||
20 | of officers and agencies
of the General Assembly that | ||||||
21 | pertain to the preparation of legislative
documents.
| ||||||
22 | (g) Trade secrets and commercial or financial | ||||||
23 | information obtained from
a person or business where the | ||||||
24 | trade secrets or commercial or financial information are | ||||||
25 | furnished under a claim that they are
proprietary, | ||||||
26 | privileged or confidential, and that disclosure of the |
| |||||||
| |||||||
1 | trade
secrets or commercial or financial information would | ||||||
2 | cause competitive harm to the person or business, and only | ||||||
3 | insofar as the claim directly applies to the records | ||||||
4 | requested. | ||||||
5 | The information included under this exemption includes | ||||||
6 | all (i) All trade secrets and commercial or financial | ||||||
7 | information obtained by a public body, including a public | ||||||
8 | pension fund, from a private equity fund or a privately | ||||||
9 | held company within the investment portfolio of a private | ||||||
10 | equity fund as a result of either investing or evaluating a | ||||||
11 | potential investment of public funds in a private equity | ||||||
12 | fund. The exemption contained in this item does not apply | ||||||
13 | to the aggregate financial performance information of a | ||||||
14 | private equity fund, nor to the identity of the fund's | ||||||
15 | managers or general partners. The exemption contained in | ||||||
16 | this item does not apply to the identity of a privately | ||||||
17 | held company within the investment portfolio of a private | ||||||
18 | equity fund, unless the disclosure of the identity of a | ||||||
19 | privately held company may cause competitive harm. | ||||||
20 | Nothing contained in this
paragraph (g) shall be | ||||||
21 | construed to prevent a person or business from
consenting | ||||||
22 | to disclosure.
| ||||||
23 | (h) Proposals and bids for any contract, grant, or | ||||||
24 | agreement, including
information which if it were | ||||||
25 | disclosed would frustrate procurement or give
an advantage | ||||||
26 | to any person proposing to enter into a contractor |
| |||||||
| |||||||
1 | agreement
with the body, until an award or final selection | ||||||
2 | is made. Information
prepared by or for the body in | ||||||
3 | preparation of a bid solicitation shall be
exempt until an | ||||||
4 | award or final selection is made.
| ||||||
5 | (i) Valuable formulae,
computer geographic systems,
| ||||||
6 | designs, drawings and research data obtained or
produced by | ||||||
7 | any public body when disclosure could reasonably be | ||||||
8 | expected to
produce private gain or public loss.
The | ||||||
9 | exemption for "computer geographic systems" provided in | ||||||
10 | this paragraph
(i) does not extend to requests made by news | ||||||
11 | media as defined in Section 2 of
this Act when the | ||||||
12 | requested information is not otherwise exempt and the only
| ||||||
13 | purpose of the request is to access and disseminate | ||||||
14 | information regarding the
health, safety, welfare, or | ||||||
15 | legal rights of the general public.
| ||||||
16 | (j) The following information pertaining to | ||||||
17 | educational matters: | ||||||
18 | (i) test questions, scoring keys and other | ||||||
19 | examination data used to
administer an academic | ||||||
20 | examination;
| ||||||
21 | (ii) information received by a primary or | ||||||
22 | secondary school, college, or university under its | ||||||
23 | procedures for the evaluation of faculty members by | ||||||
24 | their academic peers; | ||||||
25 | (iii) information concerning a school or | ||||||
26 | university's adjudication of student disciplinary |
| |||||||
| |||||||
1 | cases, but only to the extent that disclosure would | ||||||
2 | unavoidably reveal the identity of the student; and | ||||||
3 | (iv) course materials or research materials used | ||||||
4 | by faculty members. | ||||||
5 | (k) Architects' plans, engineers' technical | ||||||
6 | submissions, and
other
construction related technical | ||||||
7 | documents for
projects not constructed or developed in | ||||||
8 | whole or in part with public funds
and the same for | ||||||
9 | projects constructed or developed with public funds, | ||||||
10 | including but not limited to power generating and | ||||||
11 | distribution stations and other transmission and | ||||||
12 | distribution facilities, water treatment facilities, | ||||||
13 | airport facilities, sport stadiums, convention centers, | ||||||
14 | and all government owned, operated, or occupied buildings, | ||||||
15 | but
only to the extent
that disclosure would compromise | ||||||
16 | security.
| ||||||
17 | (l) Minutes of meetings of public bodies closed to the
| ||||||
18 | public as provided in the Open Meetings Act until the | ||||||
19 | public body
makes the minutes available to the public under | ||||||
20 | Section 2.06 of the Open
Meetings Act.
| ||||||
21 | (m) Communications between a public body and an | ||||||
22 | attorney or auditor
representing the public body that would | ||||||
23 | not be subject to discovery in
litigation, and materials | ||||||
24 | prepared or compiled by or for a public body in
| ||||||
25 | anticipation of a criminal, civil or administrative | ||||||
26 | proceeding upon the
request of an attorney advising the |
| |||||||
| |||||||
1 | public body, and materials prepared or
compiled with | ||||||
2 | respect to internal audits of public bodies.
| ||||||
3 | (n) Records relating to a public body's adjudication of | ||||||
4 | employee grievances or disciplinary cases; however, this | ||||||
5 | exemption shall not extend to the final outcome of cases in | ||||||
6 | which discipline is imposed.
| ||||||
7 | (o) Administrative or technical information associated | ||||||
8 | with automated
data processing operations, including but | ||||||
9 | not limited to software,
operating protocols, computer | ||||||
10 | program abstracts, file layouts, source
listings, object | ||||||
11 | modules, load modules, user guides, documentation
| ||||||
12 | pertaining to all logical and physical design of | ||||||
13 | computerized systems,
employee manuals, and any other | ||||||
14 | information that, if disclosed, would
jeopardize the | ||||||
15 | security of the system or its data or the security of
| ||||||
16 | materials exempt under this Section.
| ||||||
17 | (p) Records relating to collective negotiating matters
| ||||||
18 | between public bodies and their employees or | ||||||
19 | representatives, except that
any final contract or | ||||||
20 | agreement shall be subject to inspection and copying.
| ||||||
21 | (q) Test questions, scoring keys, and other | ||||||
22 | examination data used to determine the qualifications of an | ||||||
23 | applicant for a license or employment.
| ||||||
24 | (r) The records, documents , and information relating | ||||||
25 | to real estate
purchase negotiations until those | ||||||
26 | negotiations have been completed or
otherwise terminated. |
| |||||||
| |||||||
1 | With regard to a parcel involved in a pending or
actually | ||||||
2 | and reasonably contemplated eminent domain proceeding | ||||||
3 | under the Eminent Domain Act, records, documents and
| ||||||
4 | information relating to that parcel shall be exempt except | ||||||
5 | as may be
allowed under discovery rules adopted by the | ||||||
6 | Illinois Supreme Court. The
records, documents and | ||||||
7 | information relating to a real estate sale shall be
exempt | ||||||
8 | until a sale is consummated.
| ||||||
9 | (s) Any and all proprietary information and records | ||||||
10 | related to the
operation of an intergovernmental risk | ||||||
11 | management association or
self-insurance pool or jointly | ||||||
12 | self-administered health and accident
cooperative or pool.
| ||||||
13 | Insurance or self insurance (including any | ||||||
14 | intergovernmental risk management association or self | ||||||
15 | insurance pool) claims, loss or risk management | ||||||
16 | information, records, data, advice or communications.
| ||||||
17 | (t) Information contained in or related to | ||||||
18 | examination, operating, or
condition reports prepared by, | ||||||
19 | on behalf of, or for the use of a public
body responsible | ||||||
20 | for the regulation or supervision of financial
| ||||||
21 | institutions or insurance companies, unless disclosure is | ||||||
22 | otherwise
required by State law.
| ||||||
23 | (u) Information that would disclose
or might lead to | ||||||
24 | the disclosure of
secret or confidential information, | ||||||
25 | codes, algorithms, programs, or private
keys intended to be | ||||||
26 | used to create electronic or digital signatures under the
|
| |||||||
| |||||||
1 | Electronic Commerce Security Act.
| ||||||
2 | (v) Vulnerability assessments, security measures, and | ||||||
3 | response policies
or plans that are designed to identify, | ||||||
4 | prevent, or respond to potential
attacks upon a community's | ||||||
5 | population or systems, facilities, or installations,
the | ||||||
6 | destruction or contamination of which would constitute a | ||||||
7 | clear and present
danger to the health or safety of the | ||||||
8 | community, but only to the extent that
disclosure could | ||||||
9 | reasonably be expected to jeopardize the effectiveness of | ||||||
10 | the
measures or the safety of the personnel who implement | ||||||
11 | them or the public.
Information exempt under this item may | ||||||
12 | include such things as details
pertaining to the | ||||||
13 | mobilization or deployment of personnel or equipment, to | ||||||
14 | the
operation of communication systems or protocols, or to | ||||||
15 | tactical operations.
| ||||||
16 | (w) (Blank). | ||||||
17 | (x) Maps and other records regarding the location or | ||||||
18 | security of generation, transmission, distribution, | ||||||
19 | storage, gathering,
treatment, or switching facilities | ||||||
20 | owned by a utility, by a power generator, or by the | ||||||
21 | Illinois Power Agency.
| ||||||
22 | (y) Information contained in or related to proposals, | ||||||
23 | bids, or negotiations related to electric power | ||||||
24 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
25 | Act and Section 16-111.5 of the Public Utilities Act that | ||||||
26 | is determined to be confidential and proprietary by the |
| |||||||
| |||||||
1 | Illinois Power Agency or by the Illinois Commerce | ||||||
2 | Commission.
| ||||||
3 | (z) (tt) Information about students exempted from | ||||||
4 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
5 | School Code, and information about undergraduate students | ||||||
6 | enrolled at an institution of higher education exempted | ||||||
7 | from disclosure under Section 25 of the Illinois Credit | ||||||
8 | Card Marketing Act of 2009. | ||||||
9 | (aa) (tt) Information the disclosure of which is
| ||||||
10 | exempted under the Viatical Settlements Act of 2009.
| ||||||
11 | (bb) Information regarding interments, entombments, or | ||||||
12 | inurnments of human remains that are submitted to the | ||||||
13 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
14 | the Cemetery Oversight Act, whichever is applicable. | ||||||
15 | (2) A public record that is not in the possession of a | ||||||
16 | public body but is in the possession of a party with whom the | ||||||
17 | agency has contracted to perform a governmental function on | ||||||
18 | behalf of the public body, and that directly relates to the | ||||||
19 | governmental function and is not otherwise exempt under this | ||||||
20 | Act, shall be considered a public record of the public body, | ||||||
21 | for purposes of this Act. | ||||||
22 | (3) This Section does not authorize withholding of | ||||||
23 | information or limit the
availability of records to the public, | ||||||
24 | except as stated in this Section or
otherwise provided in this | ||||||
25 | Act.
| ||||||
26 | (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; |
| |||||||
| |||||||
1 | 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; | ||||||
2 | 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; | ||||||
3 | 96-736, eff. 7-1-10; revised 9-25-09.) | ||||||
4 | Section 90-5. The Human Skeletal Remains Protection Act is | ||||||
5 | amended by changing Section 1 as follows:
| ||||||
6 | (20 ILCS 3440/1) (from Ch. 127, par. 2661)
| ||||||
7 | Sec. 1. Definitions. For the purposes of this Act:
| ||||||
8 | (a) "Human skeletal remains" include the bones and | ||||||
9 | decomposed fleshy
parts of a deceased human body.
| ||||||
10 | (b) "Unregistered graves" are any graves or locations where | ||||||
11 | a human body
has been buried or deposited; is over 100 years | ||||||
12 | old; and is not in a
cemetery under the authority of the | ||||||
13 | Illinois Department of Financial and Professional Regulation | ||||||
14 | pursuant to the Cemetery Oversight Act registered with the | ||||||
15 | State Comptroller under the Cemetery Care Act .
| ||||||
16 | (c) "Grave artifacts" are any item of human manufacture or | ||||||
17 | use that is
associated with the human skeletal remains in an | ||||||
18 | unregistered grave.
| ||||||
19 | (d) "Grave markers" are any tomb, monument, stone, | ||||||
20 | ornament, mound, or
other item of human manufacture that is | ||||||
21 | associated with an unregistered grave.
| ||||||
22 | (e) "Person" means any natural individual, firm, trust, | ||||||
23 | estate,
partnership, association, joint stock company, joint | ||||||
24 | venture, corporation
or a receiver, trustee, guardian or other |
| |||||||
| |||||||
1 | representatives appointed by
order of any court, the Federal | ||||||
2 | and State governments, including State
Universities created by | ||||||
3 | statute or any city, town, county or other political
| ||||||
4 | subdivision of this State.
| ||||||
5 | (f) "Disturb" includes excavating, removing, exposing, | ||||||
6 | defacing,
mutilating, destroying, molesting, or desecrating in | ||||||
7 | any
way human skeletal remains, unregistered graves, and grave | ||||||
8 | markers.
| ||||||
9 | (Source: P.A. 86-151.)
| ||||||
10 | Section 90-10. The State Finance Act is amended by adding | ||||||
11 | Sections 5.775 and 5.776 as follows: | ||||||
12 | (30 ILCS 105/5.775 new) | ||||||
13 | Sec. 5.775. The Cemetery Oversight Licensing and | ||||||
14 | Disciplinary Fund. | ||||||
15 | (30 ILCS 105/5.776 new) | ||||||
16 | Sec. 5.776. The Cemetery Relief Fund. | ||||||
17 | Section 90-25. The Crematory Regulation Act is amended by | ||||||
18 | changing Sections 5, 10, 11, 11.5, 13, 20, 22, 25, 40, 55, 60, | ||||||
19 | 62, 62.5, 62.10, 62.15, 62.20, 65, 80, and 100 and by adding | ||||||
20 | Sections 7, 85, 87, 88, 89, 90, 91, 92, 93, 94, 95, 105, 115, | ||||||
21 | 120, 125, 130, 140, 150, 160, and 170, and by repealing Section | ||||||
22 | 12 as follows:
|
| |||||||
| |||||||
1 | (410 ILCS 18/5)
| ||||||
2 | Sec. 5. Definitions. As used in this Act:
| ||||||
3 | "Address of record" means the designated address recorded | ||||||
4 | by the Department in the applicant's or licensee's application | ||||||
5 | file or license file. It is the duty of the applicant or | ||||||
6 | licensee to inform the Department of any change of address | ||||||
7 | within 14 days, and such changes must be made either through | ||||||
8 | the Department's website or by contacting the Department's | ||||||
9 | licensure maintenance unit. The address of record shall be the | ||||||
10 | permanent street address of the crematory. | ||||||
11 | "Alternative container" means a receptacle, other than a | ||||||
12 | casket, in
which human remains are transported to the crematory | ||||||
13 | and placed in the
cremation chamber for cremation. An | ||||||
14 | alternative container shall be
(i) composed of readily | ||||||
15 | combustible materials suitable for cremation, (ii) able
to be | ||||||
16 | closed in order to provide a complete covering for the human | ||||||
17 | remains,
(iii) resistant to leakage or spillage, (iv) rigid | ||||||
18 | enough for handling with
ease, and (v) able to provide | ||||||
19 | protection for the health, safety, and personal
integrity of | ||||||
20 | crematory personnel.
| ||||||
21 | "Authorizing agent" means a person legally entitled to | ||||||
22 | order the cremation and final
disposition of specific human | ||||||
23 | remains.
| ||||||
24 | "Body parts" means limbs or other portions of the anatomy | ||||||
25 | that are
removed from a person or human remains for medical |
| |||||||
| |||||||
1 | purposes during treatment,
surgery, biopsy, autopsy, or | ||||||
2 | medical research; or human bodies or any portion
of bodies that | ||||||
3 | have been donated to science for medical research purposes.
| ||||||
4 | "Burial transit permit" means a permit for disposition of a | ||||||
5 | dead human
body as required by Illinois law.
| ||||||
6 | "Casket" means a rigid container that is designed for the | ||||||
7 | encasement of human
remains, is usually constructed of wood, | ||||||
8 | metal, or like material and ornamented
and lined with fabric, | ||||||
9 | and may or may not be combustible.
| ||||||
10 | "Change of ownership" means a transfer of more than 50% of | ||||||
11 | the stock or
assets of a crematory authority.
| ||||||
12 | "Comptroller" means the Comptroller of the State of | ||||||
13 | Illinois.
| ||||||
14 | "Cremated remains" means all human remains recovered after | ||||||
15 | the completion
of the cremation, which may possibly include the | ||||||
16 | residue of any foreign matter
including casket material, | ||||||
17 | bridgework, or eyeglasses, that was cremated with
the human | ||||||
18 | remains.
| ||||||
19 | "Cremation" means the technical process, using heat and | ||||||
20 | flame, that
reduces human remains to bone fragments. The | ||||||
21 | reduction takes place through
heat and evaporation. Cremation | ||||||
22 | shall include the processing, and may include
the | ||||||
23 | pulverization, of the bone fragments.
| ||||||
24 | "Cremation chamber" means the enclosed space within which | ||||||
25 | the cremation
takes place.
| ||||||
26 | "Cremation interment container" means a rigid outer |
| |||||||
| |||||||
1 | container that,
subject to a cemetery's rules and regulations, | ||||||
2 | is composed of concrete, steel,
fiberglass, or some similar | ||||||
3 | material in which an urn is placed prior to being
interred in | ||||||
4 | the ground, and which is designed to withstand prolonged | ||||||
5 | exposure
to the elements and to support the earth above the | ||||||
6 | urn.
| ||||||
7 | "Cremation room" means the room in which the cremation | ||||||
8 | chamber is located.
| ||||||
9 | "Crematory" means the building or portion of a building | ||||||
10 | that houses the
cremation room and the holding facility.
| ||||||
11 | "Crematory authority" means the legal entity which is | ||||||
12 | licensed by
the Department Comptroller to
operate a crematory | ||||||
13 | and to perform cremations.
| ||||||
14 | "Department" means the Illinois Department of Financial | ||||||
15 | and Professional Regulation Illinois Department of Public | ||||||
16 | Health .
| ||||||
17 | "Final disposition" means the burial, cremation, or other | ||||||
18 | disposition of
a dead human body or parts of a dead human body.
| ||||||
19 | "Funeral director" means a person known by the title of | ||||||
20 | "funeral
director", "funeral director and embalmer", or other | ||||||
21 | similar words or
titles, licensed by the State to practice | ||||||
22 | funeral directing or funeral
directing and embalming.
| ||||||
23 | "Funeral establishment" means a building or separate | ||||||
24 | portion of a building
having a specific street address and | ||||||
25 | location and devoted to activities
relating to the shelter, | ||||||
26 | care, custody, and preparation of a deceased human
body and may |
| |||||||
| |||||||
1 | contain facilities for funeral or wake services.
| ||||||
2 | "Holding facility" means an area that (i) is designated for | ||||||
3 | the retention of
human remains prior to cremation, (ii) | ||||||
4 | complies with all applicable public
health law, (iii) preserves | ||||||
5 | the health and safety of the crematory authority
personnel, and | ||||||
6 | (iv) is secure from access by anyone other than authorized
| ||||||
7 | persons. A holding facility may be located in a cremation room.
| ||||||
8 | "Human remains" means the body of a deceased person, | ||||||
9 | including
any form of body prosthesis that has been permanently | ||||||
10 | attached or
implanted in the body.
| ||||||
11 | "Licensee" means an entity licensed under this Act. An | ||||||
12 | entity that holds itself as a licensee or that is accused of | ||||||
13 | unlicensed practice is considered a licensee for purposes of | ||||||
14 | enforcement, investigation, hearings, and the Illinois | ||||||
15 | Administrative Procedure Act. | ||||||
16 | "Niche" means a compartment or cubicle for the | ||||||
17 | memorialization and permanent
placement of an urn containing | ||||||
18 | cremated remains.
| ||||||
19 | "Person" means any person, partnership, association, | ||||||
20 | corporation, limited liability company, or other entity, and in | ||||||
21 | the case of any such business organization, its officers, | ||||||
22 | partners, members, or shareholders possessing 25% or more of | ||||||
23 | ownership of the entity. | ||||||
24 | "Processing" means the reduction of identifiable bone | ||||||
25 | fragments after the
completion of the cremation process to | ||||||
26 | unidentifiable bone fragments by manual
or mechanical means.
|
| |||||||
| |||||||
1 | "Pulverization" means the reduction of identifiable bone | ||||||
2 | fragments after the
completion of the cremation process to | ||||||
3 | granulated particles by manual or
mechanical means.
| ||||||
4 | "Scattering area" means an area which may be designated by | ||||||
5 | a cemetery and
located on dedicated cemetery property where | ||||||
6 | cremated remains, which have been
removed
from their container, | ||||||
7 | can be mixed with, or placed on top of, the soil or
ground | ||||||
8 | cover.
| ||||||
9 | "Secretary" means the Secretary of Financial and | ||||||
10 | Professional Regulation. | ||||||
11 | "Temporary container" means a receptacle for cremated
| ||||||
12 | remains, usually composed of cardboard, plastic or similar | ||||||
13 | material, that
can be closed in a manner that prevents the | ||||||
14 | leakage or spillage of the
cremated remains or the entrance of | ||||||
15 | foreign material, and is a single
container of sufficient size | ||||||
16 | to hold the cremated remains until an urn is
acquired or the | ||||||
17 | cremated remains are scattered.
| ||||||
18 | "Urn" means a receptacle
designed to encase the cremated | ||||||
19 | remains.
| ||||||
20 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
21 | (410 ILCS 18/7 new) | ||||||
22 | Sec. 7. Powers and duties of the Department. Subject to the | ||||||
23 | provisions of this Act, the Department may exercise any of the | ||||||
24 | following powers and duties: | ||||||
25 | (1) Authorize standards to ascertain the |
| |||||||
| |||||||
1 | qualifications and fitness of applicants for licensing as | ||||||
2 | licensed crematory authorities and pass upon the | ||||||
3 | qualifications of applicants for licensure. | ||||||
4 | (2) Examine and audit a licensed crematory authority's | ||||||
5 | records, crematory, or any other aspects of crematory | ||||||
6 | operation as the Department deems appropriate. | ||||||
7 | (3) Investigate any and all unlicensed activity. | ||||||
8 | (4) Conduct hearings on proceedings to refuse to issue | ||||||
9 | licenses or to revoke, suspend, place on probation, | ||||||
10 | reprimand, or otherwise discipline licensees and to refuse | ||||||
11 | to issue licenses or to revoke, suspend, place on | ||||||
12 | probation, reprimand, or otherwise discipline licensees. | ||||||
13 | (5) Formulate rules required for the administration of | ||||||
14 | this Act. | ||||||
15 | (6) Maintain rosters of the names and addresses of all | ||||||
16 | licensees, and all entities whose licenses have been | ||||||
17 | suspended, revoked, or otherwise disciplined. These | ||||||
18 | rosters shall be available upon written request and payment | ||||||
19 | of the required fee as established by rule.
| ||||||
20 | (410 ILCS 18/10)
| ||||||
21 | Sec. 10.
Establishment of crematory and licensing of
| ||||||
22 | crematory authority.
| ||||||
23 | (a) Any person doing business in this State, or any | ||||||
24 | cemetery,
funeral establishment, corporation, partnership, | ||||||
25 | joint venture, voluntary
organization or any other entity, may |
| |||||||
| |||||||
1 | erect, maintain, and operate a
crematory in this State and | ||||||
2 | provide the necessary appliances and
facilities for the | ||||||
3 | cremation of human remains in accordance with this Act.
| ||||||
4 | (b) A crematory shall be subject to all local, State, and | ||||||
5 | federal health and
environmental protection requirements and | ||||||
6 | shall obtain all necessary licenses
and permits from the | ||||||
7 | Department of Financial and Professional Regulation, the | ||||||
8 | Department of Public Health , the federal Department of Health | ||||||
9 | and Human
Services, and the Illinois and federal Environmental | ||||||
10 | Protection Agencies, or
such other appropriate local, State, or | ||||||
11 | federal agencies.
| ||||||
12 | (c) A crematory may be constructed on or adjacent to any | ||||||
13 | cemetery, on or
adjacent to any funeral establishment, or at | ||||||
14 | any other location consistent with
local zoning regulations.
| ||||||
15 | (d) An application for licensure as a crematory
authority | ||||||
16 | shall be in
writing on forms furnished by the Department | ||||||
17 | Comptroller . Applications shall be
accompanied by a reasonable | ||||||
18 | fee determined by rule of $50 and shall contain all of the | ||||||
19 | following:
| ||||||
20 | (1) The full name and address, both residence and | ||||||
21 | business, of the
applicant if the applicant is an | ||||||
22 | individual; the full name and address of
every member if | ||||||
23 | the applicant is a partnership; the full name and address | ||||||
24 | of
every member of the board of directors if the applicant | ||||||
25 | is an association; and
the name and address of every | ||||||
26 | officer, director, and shareholder holding more
than 25% of |
| |||||||
| |||||||
1 | the corporate stock if the applicant is a corporation.
| ||||||
2 | (2) The address and location of the crematory.
| ||||||
3 | (3) A description of the type of structure and | ||||||
4 | equipment to be used in
the operation of the crematory, | ||||||
5 | including the operating permit number issued
to the | ||||||
6 | cremation device by the Illinois Environmental Protection | ||||||
7 | Agency.
| ||||||
8 | (3.5) Attestation by the owner that cremation services | ||||||
9 | shall
be by a person trained in accordance with the | ||||||
10 | requirements of Section 22 of
this Act.
| ||||||
11 | (3.10) A copy of the certification or certifications | ||||||
12 | issued by the
certification program to the person or | ||||||
13 | persons who will operate the cremation
device.
| ||||||
14 | (4) Any further information that the Department | ||||||
15 | Comptroller reasonably may require as established by rule .
| ||||||
16 | (e) Each crematory authority shall file an annual report | ||||||
17 | with the
Department Comptroller , accompanied with a reasonable | ||||||
18 | $25 fee determined by rule , providing
(i) an affidavit signed | ||||||
19 | by the owner of the crematory authority that at the
time
of the | ||||||
20 | report the cremation device was in proper operating condition,
| ||||||
21 | (ii) the total number of all cremations performed at the | ||||||
22 | crematory
during the past
year, (iii) attestation by the | ||||||
23 | licensee that all applicable permits and
certifications are
| ||||||
24 | valid, and (iv) either (A)
any changes required in the
| ||||||
25 | information provided under subsection (d) or (B) an indication | ||||||
26 | that no changes have
occurred , and (v) any other information |
| |||||||
| |||||||
1 | that the Department may require as established by rule . The | ||||||
2 | annual report shall be filed by a crematory authority on or
| ||||||
3 | before March 15 of each calendar year , in the Office of the | ||||||
4 | Comptroller. If the
fiscal year of a crematory authority is | ||||||
5 | other than on a calendar year
basis, then the crematory | ||||||
6 | authority shall file the report required by
this Section within | ||||||
7 | 75 days after the end of its fiscal year. The
Comptroller | ||||||
8 | shall, for good cause shown, grant an extension for the filing | ||||||
9 | of
the annual report upon the written request of the crematory | ||||||
10 | authority. An
extension shall not exceed 60 days . If the fiscal | ||||||
11 | year of a crematory authority is other than on a calendar year | ||||||
12 | basis, then the crematory authority shall file the report | ||||||
13 | required by this Section within 75 days after the end of its | ||||||
14 | fiscal year. If a crematory authority fails to
submit an annual | ||||||
15 | report to the Department Comptroller within the time specified | ||||||
16 | in
this Section, the Department Comptroller shall impose upon | ||||||
17 | the crematory authority a
penalty as provided for by rule of $5 | ||||||
18 | for each and every day the crematory authority remains
| ||||||
19 | delinquent in submitting the annual report. The Department | ||||||
20 | Comptroller may abate all or
part of the $5 daily penalty for | ||||||
21 | good cause shown.
| ||||||
22 | (f) All records required to be maintained under this Act, | ||||||
23 | including but
not limited to those relating to the license and | ||||||
24 | annual
report of the
crematory authority required to be filed | ||||||
25 | under this Section, shall be
subject to inspection by the | ||||||
26 | Comptroller upon reasonable notice.
|
| |||||||
| |||||||
1 | (g) The Department Comptroller may inspect crematory | ||||||
2 | records at the crematory
authority's place of business to | ||||||
3 | review
the
licensee's compliance with this Act. The inspection | ||||||
4 | must include
verification that:
| ||||||
5 | (1) the crematory authority has complied with | ||||||
6 | record-keeping requirements
of this
Act;
| ||||||
7 | (2) a crematory device operator's certification of | ||||||
8 | training is
conspicuously
displayed at
the crematory;
| ||||||
9 | (3) the cremation device has a current operating permit | ||||||
10 | issued by the
Illinois
Environmental Protection Agency and | ||||||
11 | the permit is conspicuously displayed
in the crematory;
| ||||||
12 | (4) the crematory authority is in compliance with local | ||||||
13 | zoning
requirements; and
| ||||||
14 | (5) the crematory authority license issued by the | ||||||
15 | Department Comptroller is
conspicuously
displayed
at
the | ||||||
16 | crematory.
| ||||||
17 | (6) other details as determined by rule. | ||||||
18 | (h) The Department Comptroller shall issue licenses under | ||||||
19 | this Act to the crematories
that are
registered
with
the | ||||||
20 | Comptroller as of on March 1, 2012 July 1, 2003 without | ||||||
21 | requiring the previously registered
crematories
to complete | ||||||
22 | license applications.
| ||||||
23 | (Source: P.A. 92-419, eff. 1-1-02; 92-675, eff. 7-1-03.)
| ||||||
24 | (410 ILCS 18/11)
| ||||||
25 | Sec. 11.
Grounds for denial or discipline refusal of |
| |||||||
| |||||||
1 | license or suspension or revocation of
license .
| ||||||
2 | (a) In this Section, "applicant" means a person who has | ||||||
3 | applied for a
license
under
this Act including those persons | ||||||
4 | whose names are listed on a license application in Section 10 | ||||||
5 | of this Act .
| ||||||
6 | (b) The Department Comptroller may refuse to issue a | ||||||
7 | license, place on probation, reprimand, or take other | ||||||
8 | disciplinary action that the Department may deem appropriate, | ||||||
9 | including imposing fines not to exceed $10,000 for each | ||||||
10 | violation, with regard to any a license under this Act, or may
| ||||||
11 | suspend
or revoke a license issued under this Act, on any of | ||||||
12 | the following grounds:
| ||||||
13 | (1) The applicant or licensee has made any | ||||||
14 | misrepresentation or false
statement or concealed any | ||||||
15 | material fact in furnishing information to the Department | ||||||
16 | connection with a license
application or licensure under | ||||||
17 | this Act .
| ||||||
18 | (2) The applicant or licensee has been engaged in | ||||||
19 | business practices that
work a fraud.
| ||||||
20 | (3) The applicant or licensee has refused to give | ||||||
21 | information required
under this Act to be disclosed to the
| ||||||
22 | Department or failing, within 30 days, to provide | ||||||
23 | information in response to a written request made by the | ||||||
24 | Department Comptroller .
| ||||||
25 | (4) Engaging in dishonorable, unethical, or | ||||||
26 | unprofessional conduct of a character likely to deceive, |
| |||||||
| |||||||
1 | defraud, or harm the public. The applicant or licensee has | ||||||
2 | conducted or is about to conduct
cremation
business in a | ||||||
3 | fraudulent manner.
| ||||||
4 | (5) As to any individual listed in the license | ||||||
5 | application as required
under Section 10, that individual | ||||||
6 | has conducted or is about to conduct any
cremation business | ||||||
7 | on behalf of the applicant in a fraudulent manner or has
| ||||||
8 | been
convicted
of any felony or misdemeanor an essential | ||||||
9 | element of which is fraud.
| ||||||
10 | (6) The applicant or licensee has failed to make the | ||||||
11 | annual report
required
by this Act or to comply with a | ||||||
12 | final order, decision, or finding of the
Department | ||||||
13 | Comptroller
made under this Act.
| ||||||
14 | (7) The applicant or licensee, including any member, | ||||||
15 | officer, or director
of
the applicant or licensee if the | ||||||
16 | applicant or licensee is a firm, partnership,
association, | ||||||
17 | or corporation and including any shareholder holding more | ||||||
18 | than 25%
of the corporate stock of the applicant or | ||||||
19 | licensee, has violated any provision
of
this Act or any | ||||||
20 | regulation or order made by the Department Comptroller | ||||||
21 | under this Act.
| ||||||
22 | (8) The Department Comptroller finds any fact or | ||||||
23 | condition existing that, if it had
existed at the time of | ||||||
24 | the original application for a license under this Act,
| ||||||
25 | would
have warranted the Comptroller in refusing the | ||||||
26 | issuance of the license.
|
| |||||||
| |||||||
1 | (9) Any violation of this Act or of the rules adopted | ||||||
2 | under this Act. | ||||||
3 | (10) Incompetence. | ||||||
4 | (11) Gross malpractice. | ||||||
5 | (12) Discipline by another state, District of | ||||||
6 | Columbia, territory, or foreign nation, if at least one of | ||||||
7 | the grounds for the discipline is the same or substantially | ||||||
8 | equivalent to those set forth in this Section. | ||||||
9 | (13) Directly or indirectly giving to or receiving from | ||||||
10 | any person, firm, corporation, partnership, or association | ||||||
11 | any fee, commission, rebate, or other form of compensation | ||||||
12 | for professional services not actually or personally | ||||||
13 | rendered. | ||||||
14 | (14) A finding by the Department that the licensee, | ||||||
15 | after having its license placed on probationary status, has | ||||||
16 | violated the terms of probation. | ||||||
17 | (15) Willfully making or filing false records or | ||||||
18 | reports, including, but not limited to, false records filed | ||||||
19 | with State agencies or departments. | ||||||
20 | (16) Gross, willful, or continued overcharging for | ||||||
21 | professional services, including filing false statements | ||||||
22 | for collection of fees for which services are not rendered. | ||||||
23 | (17) Practicing under a false or, except as provided by
| ||||||
24 | law, an assumed name. | ||||||
25 | (18) Cheating on or attempting to subvert this Act's | ||||||
26 | licensing application process. |
| |||||||
| |||||||
1 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
2 | (410 ILCS 18/11.5)
| ||||||
3 | Sec. 11.5. License revocation or suspension; surrender of | ||||||
4 | license.
| ||||||
5 | (a) (Blank). Upon determining that grounds exist for the | ||||||
6 | revocation or suspension of
a
license issued under this Act, | ||||||
7 | the Comptroller, if appropriate, may revoke or
suspend the
| ||||||
8 | license issued to the licensee.
| ||||||
9 | (b) Upon the revocation or suspension of a license issued | ||||||
10 | under this Act,
the
licensee must immediately surrender the | ||||||
11 | license to the Department Comptroller . If the
licensee fails to
| ||||||
12 | do so, the Department Comptroller may seize the license.
| ||||||
13 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
14 | (410 ILCS 18/13)
| ||||||
15 | Sec. 13. License; display; transfer; duration.
| ||||||
16 | (a) Every license issued under this Act must state the | ||||||
17 | number of the
license, the
business name and address of the | ||||||
18 | licensee's principal place of business, and
the licensee's
| ||||||
19 | parent company, if any. The license must be conspicuously | ||||||
20 | posted in the place
of business
operating under the license.
| ||||||
21 | (b) After initial licensure, if any person comes to obtain | ||||||
22 | at least 25% of the ownership over the licensed crematory | ||||||
23 | authority, then the crematory authority shall have to apply for | ||||||
24 | a new license and receive licensure in the required time as set |
| |||||||
| |||||||
1 | out by rule. No license is transferable or assignable without | ||||||
2 | the express
written
consent of the Comptroller. A transfer of | ||||||
3 | more than 50% of the ownership of any
business licensed under | ||||||
4 | this Act shall be deemed to be an attempted assignment
of
the | ||||||
5 | license
originally issued to the licensee for whom consent of | ||||||
6 | the Comptroller is
required.
| ||||||
7 | (c) Every license issued under this Act shall remain in | ||||||
8 | force until it has
been
surrendered, suspended, or revoked in | ||||||
9 | accordance with this Act.
Upon
the request of an interested | ||||||
10 | person or on the Department's Comptroller's own motion, the | ||||||
11 | Department
Comptroller may
issue a new
license to a licensee | ||||||
12 | whose license has been revoked under this Act if no
factor or
| ||||||
13 | condition then exists which would have warranted the Department | ||||||
14 | Comptroller in
originally refusing
the issuance of the license.
| ||||||
15 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
16 | (410 ILCS 18/20)
| ||||||
17 | Sec. 20. Authorization to cremate.
| ||||||
18 | (a) A crematory authority shall not cremate human remains | ||||||
19 | until it
has received all of the following:
| ||||||
20 | (1) A cremation authorization form signed by an | ||||||
21 | authorizing agent. The
cremation authorization form shall | ||||||
22 | be provided by the crematory authority and
shall contain, | ||||||
23 | at a minimum, the following information:
| ||||||
24 | (A) The identity of the human remains and the time | ||||||
25 | and date of death.
|
| |||||||
| |||||||
1 | (B) The name of the funeral director and or funeral | ||||||
2 | establishment , if applicable, that
obtained the | ||||||
3 | cremation authorization.
| ||||||
4 | (C) Notification as to whether the death occurred | ||||||
5 | from a disease
declared by the Department of Health to | ||||||
6 | be infectious, contagious,
communicable, or dangerous | ||||||
7 | to the public health.
| ||||||
8 | (D) The name of the authorizing agent and the
| ||||||
9 | relationship between the authorizing agent and the | ||||||
10 | decedent.
| ||||||
11 | (E) A representation that the authorizing agent | ||||||
12 | does in fact have the
right to authorize the cremation | ||||||
13 | of the decedent, and that the authorizing
agent is not | ||||||
14 | aware of any living person who has a superior priority | ||||||
15 | right
to that of the authorizing agent, as set forth in | ||||||
16 | Section 15. In the
event there is another living person | ||||||
17 | who has a superior priority
right to that of the | ||||||
18 | authorizing agent, the form shall contain a | ||||||
19 | representation
that the authorizing agent has made all | ||||||
20 | reasonable efforts to contact that
person, has been | ||||||
21 | unable to do so, and has no reason to
believe that the | ||||||
22 | person would object to the cremation of the decedent.
| ||||||
23 | (F) Authorization for the crematory authority to | ||||||
24 | cremate the human
remains.
| ||||||
25 | (G) A representation that the human remains do not | ||||||
26 | contain a pacemaker
or any other material or implant |
| |||||||
| |||||||
1 | that may be potentially hazardous or cause
damage to | ||||||
2 | the cremation chamber or the person performing the | ||||||
3 | cremation.
| ||||||
4 | (H) The name of the person authorized to receive | ||||||
5 | the cremated remains
from the crematory authority.
| ||||||
6 | (I) The manner in which final disposition of the | ||||||
7 | cremated remains is to
take place, if known. If the | ||||||
8 | cremation authorization form does not specify
final | ||||||
9 | disposition in a grave, crypt, niche, or scattering | ||||||
10 | area, then the form
may indicate that the cremated | ||||||
11 | remains will be held by the crematory authority
for 30 | ||||||
12 | days before they are released, unless they are picked | ||||||
13 | up from the
crematory authority prior to that time, in | ||||||
14 | person, by the authorizing agent. At
the end of the 30 | ||||||
15 | days the crematory authority may return the cremated | ||||||
16 | remains
to the authorizing agent if no final | ||||||
17 | disposition arrangements are
made; or at the end of 60 | ||||||
18 | days the crematory authority may dispose of the
| ||||||
19 | cremated remains in accordance with subsection (d) of | ||||||
20 | Section 40.
| ||||||
21 | (J) A listing of any items of value to be delivered | ||||||
22 | to the crematory
authority along with the human | ||||||
23 | remains, and instructions as to how the items
should be | ||||||
24 | handled.
| ||||||
25 | (K) A specific statement as to whether the | ||||||
26 | authorizing agent has made
arrangements for any type of |
| |||||||
| |||||||
1 | viewing of the decedent before cremation, or for
a | ||||||
2 | service with the decedent present before cremation in | ||||||
3 | connection with the
cremation, and if so, the date and | ||||||
4 | time of the viewing or service and whether
the | ||||||
5 | crematory authority is authorized to proceed with the | ||||||
6 | cremation upon
receipt of the human remains.
| ||||||
7 | (L) The signature of the authorizing agent, | ||||||
8 | attesting to
the accuracy of all representations | ||||||
9 | contained on the cremation authorization
form, except | ||||||
10 | as set forth in paragraph (M) of this subsection.
| ||||||
11 | (M) If a cremation authorization form is being | ||||||
12 | executed on a pre-need
basis, the cremation | ||||||
13 | authorization form shall contain the disclosure | ||||||
14 | required
by subsection (b) of Section 140 65 .
| ||||||
15 | (N) The cremation authorization form, other than | ||||||
16 | pre-need cremation
forms, shall also be signed by a | ||||||
17 | funeral director or other representative of
the | ||||||
18 | funeral establishment that obtained the cremation | ||||||
19 | authorization. That
individual shall merely execute | ||||||
20 | the cremation authorization form as a witness
and shall | ||||||
21 | not be responsible for any of the representations made | ||||||
22 | by the
authorizing agent, unless the individual has | ||||||
23 | actual knowledge to the contrary.
The information | ||||||
24 | requested by items (A), (B), (C) and (G) of this | ||||||
25 | subsection,
however, shall be considered to be | ||||||
26 | representations of the authorizing agent.
In addition, |
| |||||||
| |||||||
1 | the funeral director or funeral establishment shall | ||||||
2 | warrant to the
crematory that the human remains | ||||||
3 | delivered to the crematory authority are the
human | ||||||
4 | remains identified on the cremation authorization | ||||||
5 | form.
| ||||||
6 | (2) A completed and executed burial transit permit | ||||||
7 | indicating that the
human remains are to be cremated.
| ||||||
8 | (3) Any other documentation required by this State.
| ||||||
9 | (b) If an authorizing agent is not available to execute a | ||||||
10 | cremation
authorization form in person, that person may | ||||||
11 | delegate that authority to
another person in writing, or by | ||||||
12 | sending the crematory authority a facsimile
transmission that | ||||||
13 | contains the name, address, and relationship of the sender to
| ||||||
14 | the decedent and the name and address of the individual to whom | ||||||
15 | authority is
delegated. Upon receipt of the written document, | ||||||
16 | or facsimile
transmission, telegram, or other electronic | ||||||
17 | telecommunications transmission
which specifies the individual | ||||||
18 | to whom authority has been delegated, the
crematory authority | ||||||
19 | shall allow this individual to serve as the authorizing
agent | ||||||
20 | and to execute the cremation authorization form. The crematory
| ||||||
21 | authority shall be entitled to rely upon the cremation | ||||||
22 | authorization form
without liability.
| ||||||
23 | (c) An authorizing agent who signs a cremation | ||||||
24 | authorization form shall be
deemed to warrant the truthfulness | ||||||
25 | of any facts set forth on the cremation
authorization form, | ||||||
26 | including that person's authority to order the cremation;
|
| |||||||
| |||||||
1 | except for the information required by items (C) and (G) of | ||||||
2 | paragraph (1) of
subsection (a) of this Section, unless the | ||||||
3 | authorizing agent has actual
knowledge to the contrary. An | ||||||
4 | authorizing agent signing a cremation
authorization form shall | ||||||
5 | be personally and individually liable for all damages
| ||||||
6 | occasioned by and resulting from authorizing the cremation.
| ||||||
7 | (d) A crematory authority shall have authority to cremate | ||||||
8 | human remains upon
the receipt of a cremation authorization | ||||||
9 | form signed by an authorizing agent.
There shall be no | ||||||
10 | liability for a crematory authority that cremates human
remains | ||||||
11 | according to an authorization, or that releases or disposes of | ||||||
12 | the
cremated remains according to an authorization, except for | ||||||
13 | a crematory
authority's gross negligence, provided that the | ||||||
14 | crematory authority performs
its functions in compliance with | ||||||
15 | this Act.
| ||||||
16 | (e) After an authorizing agent has executed a cremation | ||||||
17 | authorization form,
the authorizing agent may revoke the | ||||||
18 | authorization and instruct the crematory
authority to cancel | ||||||
19 | the cremation and to release or deliver the human remains
to | ||||||
20 | another crematory authority or funeral establishment. The | ||||||
21 | instructions
shall be provided to the crematory authority in | ||||||
22 | writing. A crematory authority
shall honor any instructions | ||||||
23 | given to it by an authorizing agent under this
Section if it | ||||||
24 | receives the instructions prior to beginning the cremation of | ||||||
25 | the
human remains.
| ||||||
26 | (Source: P.A. 87-1187.)
|
| |||||||
| |||||||
1 | (410 ILCS 18/22)
| ||||||
2 | Sec. 22. Performance of cremation service; training. A | ||||||
3 | person may not
perform a cremation service in this State unless | ||||||
4 | he or she has completed
training in performing cremation | ||||||
5 | services and received certification by a
program recognized by | ||||||
6 | the Department Comptroller . The crematory authority must
| ||||||
7 | conspicuously display the certification at the crematory | ||||||
8 | authority's place of
business. Any new employee shall have a | ||||||
9 | reasonable time period, as determined by rule not
to exceed one | ||||||
10 | year , to attend a recognized training program. In the interim,
| ||||||
11 | the new employee may perform a cremation service if he or she | ||||||
12 | has received
training from another person who has received | ||||||
13 | certification by a program
recognized by the Department and is | ||||||
14 | under the supervision of the trained person Comptroller . For | ||||||
15 | purposes of this Act, the Department may Comptroller shall
| ||||||
16 | recognize any training program that provides training in the | ||||||
17 | operation of a
cremation device, in the maintenance of a clean | ||||||
18 | facility, and in the proper
handling of human remains. The | ||||||
19 | Department may Comptroller shall recognize any course that is
| ||||||
20 | conducted by a death care trade association in Illinois or the | ||||||
21 | United States or
by a manufacturer of a cremation unit that is | ||||||
22 | consistent with the standards
provided in this Act or as | ||||||
23 | otherwise determined by rule .
| ||||||
24 | (Source: P.A. 92-675, eff. 7-1-03.)
|
| |||||||
| |||||||
1 | (410 ILCS 18/25)
| ||||||
2 | Sec. 25. Recordkeeping.
| ||||||
3 | (a) The crematory authority shall furnish to the person who | ||||||
4 | delivers
human remains to the crematory authority a receipt | ||||||
5 | signed at the time of delivery by both the
crematory authority | ||||||
6 | and the person who delivers the human remains, showing
the date | ||||||
7 | and time of the delivery, the type of casket or alternative
| ||||||
8 | container that was delivered, the name of the person from whom | ||||||
9 | the human
remains were received and the name of the funeral | ||||||
10 | establishment or other
entity with whom the person is | ||||||
11 | affiliated, the name of the person who
received the human | ||||||
12 | remains on behalf of the crematory authority, and the
name of | ||||||
13 | the decedent. The crematory shall retain a copy of this receipt | ||||||
14 | in
its permanent records.
| ||||||
15 | (b) Upon its release of cremated remains,
the crematory | ||||||
16 | authority shall furnish to the person who receives the
cremated | ||||||
17 | remains from the crematory authority a receipt signed by both | ||||||
18 | the
crematory authority and the person who receives the | ||||||
19 | cremated remains,
showing the date and time of the release, the | ||||||
20 | name of the person to whom the
cremated remains were released | ||||||
21 | and the name of the funeral establishment,
cemetery, or other | ||||||
22 | entity with whom the person is affiliated, the name of
the | ||||||
23 | person who released the cremated remains on behalf of the | ||||||
24 | crematory
authority, and the name of the decedent. The | ||||||
25 | crematory shall retain a copy
of this receipt in its permanent | ||||||
26 | records.
|
| |||||||
| |||||||
1 | (c) A crematory authority shall maintain at its place of | ||||||
2 | business a
permanent record of each cremation that took place | ||||||
3 | at its facility which shall
contain the name of the decedent, | ||||||
4 | the date of the cremation, and the final
disposition of the | ||||||
5 | cremated remains.
| ||||||
6 | (d) The crematory authority shall maintain a record of all | ||||||
7 | cremated remains
disposed of by the crematory authority in | ||||||
8 | accordance with subsection (d) of
Section 40.
| ||||||
9 | (e) Upon completion of the cremation, the crematory | ||||||
10 | authority shall file the
burial transit permit as required by | ||||||
11 | the Illinois Vital Records Act and rules adopted under that Act | ||||||
12 | and the Illinois Counties Code law , and transmit a photocopy of | ||||||
13 | the
burial transit permit along with the cremated remains to | ||||||
14 | whoever receives the
cremated remains from the authorizing | ||||||
15 | agent unless the cremated remains are to
be interred, entombed, | ||||||
16 | inurned, or placed in a scattering area, in which case
the | ||||||
17 | crematory authority shall retain a copy of the burial transit | ||||||
18 | permit and
shall send the permit, along with the cremated | ||||||
19 | remains, to the cemetery, which
shall file the permit with the | ||||||
20 | designated agency after the interment,
entombment, inurnment, | ||||||
21 | or scattering has taken place.
| ||||||
22 | (f) All cemeteries shall maintain a record of all cremated | ||||||
23 | remains that are
disposed of on their property, provided that | ||||||
24 | the cremated remains were
properly transferred to the cemetery | ||||||
25 | and the cemetery issued a receipt
acknowledging the transfer of | ||||||
26 | the cremated remains.
|
| |||||||
| |||||||
1 | (Source: P.A. 87-1187.)
| ||||||
2 | (410 ILCS 18/40)
| ||||||
3 | Sec. 40. Disposition of cremated remains.
| ||||||
4 | (a) The authorizing agent shall be responsible for the | ||||||
5 | final
disposition of the cremated remains.
| ||||||
6 | (b) Cremated remains may be disposed of by placing them in | ||||||
7 | a grave, crypt,
or niche, by scattering them in a scattering | ||||||
8 | area as defined in this Act, or in
any manner whatever on the | ||||||
9 | private property of a consenting owner.
| ||||||
10 | (c) Upon the completion of the cremation process, and | ||||||
11 | except as provided for
in item (I) (J) of paragraph (1) of | ||||||
12 | subsection (a) of Section 20, if the crematory
authority has | ||||||
13 | not been instructed to arrange
for the interment, entombment, | ||||||
14 | inurnment, or scattering of the cremated
remains, the crematory | ||||||
15 | authority shall deliver the cremated remains to the
individual | ||||||
16 | specified on the cremation authorization form, or if no
| ||||||
17 | individual is specified then to the authorizing agent. The | ||||||
18 | delivery may be
made in person or by registered mail. Upon | ||||||
19 | receipt of the cremated remains,
the individual receiving them | ||||||
20 | may transport them in any manner in this
State without a | ||||||
21 | permit, and may dispose of them in accordance with this
| ||||||
22 | Section. After delivery, the crematory authority shall be | ||||||
23 | discharged
from any legal obligation or liability concerning | ||||||
24 | the cremated remains.
| ||||||
25 | (d) If, after a period of 60 days from the date of the
|
| |||||||
| |||||||
1 | cremation, the authorizing agent or the agent's designee has | ||||||
2 | not
instructed the crematory authority to arrange for the final | ||||||
3 | disposition of
the cremated remains or claimed the cremated | ||||||
4 | remains, the crematory
authority may dispose of the cremated | ||||||
5 | remains in any manner permitted by
this Section. The crematory | ||||||
6 | authority, however, shall keep a permanent record
identifying | ||||||
7 | the site of final disposition. The authorizing agent shall be
| ||||||
8 | responsible for reimbursing the crematory authority for all | ||||||
9 | reasonable
expenses incurred in disposing of the cremated | ||||||
10 | remains. Upon disposing
of the cremated remains, the crematory | ||||||
11 | authority shall be discharged from
any legal obligation or | ||||||
12 | liability concerning the cremated remains. Any
person who was | ||||||
13 | in possession of cremated remains prior to the effective date
| ||||||
14 | of this Act may dispose of them in accordance with this | ||||||
15 | Section.
| ||||||
16 | (e) Except with the express written permission of the | ||||||
17 | authorizing agent, no
person shall:
| ||||||
18 | (1) Dispose of cremated remains in a manner
or in a | ||||||
19 | location so that the cremated remains are commingled with | ||||||
20 | those of
another person. This prohibition shall not apply | ||||||
21 | to the scattering of
cremated remains at sea, by air, or in | ||||||
22 | an area located in a dedicated
cemetery and used | ||||||
23 | exclusively for those purposes.
| ||||||
24 | (2) Place cremated remains of more than one person in | ||||||
25 | the same temporary
container or urn.
| ||||||
26 | (Source: P.A. 87-1187.)
|
| |||||||
| |||||||
1 | (410 ILCS 18/55)
| ||||||
2 | Sec. 55. Penalties. Violations of this Act shall be | ||||||
3 | punishable as follows:
| ||||||
4 | (1) Performing a cremation without receipt of a | ||||||
5 | cremation
authorization form signed by an authorizing | ||||||
6 | agent shall be a Class 4 felony.
| ||||||
7 | (2) Signing a cremation authorization form with the | ||||||
8 | actual
knowledge that the form contains false or incorrect | ||||||
9 | information shall be a
Class 4 felony.
| ||||||
10 | (3) A Violation of any cremation procedure set forth in | ||||||
11 | Section 35
shall be a Class 4 felony.
| ||||||
12 | (4) Holding oneself out to the public as a crematory | ||||||
13 | authority, or the
operation of a building or structure | ||||||
14 | within this State as a crematory, without
being licensed | ||||||
15 | under this Act, shall be a Class A
misdemeanor.
| ||||||
16 | (4.5) Performance of a cremation service by a person
| ||||||
17 | who has not
completed a training program as defined in | ||||||
18 | Section 22 of this Act
shall be a Class A misdemeanor.
| ||||||
19 | (4.10) Any person who intentionally violates a | ||||||
20 | provision of this Act or a
final order of the Department | ||||||
21 | Comptroller is liable for a civil penalty not to exceed | ||||||
22 | $10,000
$5,000 per
violation.
| ||||||
23 | (4.15) Any person who knowingly acts without proper | ||||||
24 | legal authority and
who
willfully and knowingly destroys or | ||||||
25 | damages the remains of a deceased human
being or who |
| |||||||
| |||||||
1 | desecrates human remains is guilty of a Class 3 felony.
| ||||||
2 | (5) A violation of any other provision of this
Act | ||||||
3 | shall be a Class B misdemeanor.
| ||||||
4 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
5 | (410 ILCS 18/60)
| ||||||
6 | Sec. 60. Failure to file annual report. Whenever a | ||||||
7 | crematory
authority refuses or neglects to file
its annual | ||||||
8 | report in violation of Section 10 of this Act, or fails to
| ||||||
9 | otherwise comply with the requirements of
this Act, the | ||||||
10 | Department shall impose a penalty as provided for by rule for | ||||||
11 | each and every day the licensee remains delinquent in | ||||||
12 | submitting the annual report. Such report shall be made under | ||||||
13 | oath and shall be in a form determined by the Department. | ||||||
14 | Comptroller may commence an administrative proceeding as
| ||||||
15 | authorized by this Act or may communicate the facts to the | ||||||
16 | Attorney
General of the State of Illinois who shall thereupon | ||||||
17 | institute such
proceedings against the crematory authority or | ||||||
18 | its officers as the nature
of the case may require.
| ||||||
19 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
20 | (410 ILCS 18/62)
| ||||||
21 | Sec. 62. Injunctive action; cease and desist order | ||||||
22 | Investigation of unlawful practices . | ||||||
23 | (a) If any person violates the provisions of this Act, the | ||||||
24 | Secretary, in the name of the People of the State of Illinois, |
| |||||||
| |||||||
1 | through the Attorney General or the State's Attorney of the | ||||||
2 | county in which the violation is alleged to have occurred, may | ||||||
3 | petition for an order enjoining the violation or for an order | ||||||
4 | enforcing compliance with this Act. Upon the filing of a | ||||||
5 | verified petition, the court with appropriate jurisdiction may | ||||||
6 | issue a temporary restraining order, without notice or bond, | ||||||
7 | and may preliminarily and permanently enjoin the violation. If | ||||||
8 | it is established that the person has violated or is violating | ||||||
9 | the injunction, the court may punish the offender for contempt | ||||||
10 | of court. Proceedings under this Section are in addition to, | ||||||
11 | and not in lieu of, all other remedies and penalties provided | ||||||
12 | by this Act. | ||||||
13 | (b) Whenever, in the opinion of the Department, a person | ||||||
14 | violates any provision of this Act, the Department may issue a | ||||||
15 | rule to show cause why an order to cease and desist should not | ||||||
16 | be entered against that person. The rule shall clearly set | ||||||
17 | forth the grounds relied upon by the Department and shall allow | ||||||
18 | at least 7 days from the date of the rule to file an answer | ||||||
19 | satisfactory to the Department. Failure to answer to the | ||||||
20 | satisfaction of the Department shall cause an order to cease | ||||||
21 | and desist to
be issued. | ||||||
22 | If the
Comptroller has good cause to believe that a
person has | ||||||
23 | engaged in, is engaging in, or is about to engage in any | ||||||
24 | practice in
violation of
this Act, the Comptroller may do any | ||||||
25 | one or more of the following:
| ||||||
26 | (1) Require that person to file, on terms the |
| |||||||
| |||||||
1 | Comptroller prescribes, a
statement or report in writing, | ||||||
2 | under oath or otherwise, containing all
information
that | ||||||
3 | the Comptroller considers necessary to ascertain whether a | ||||||
4 | licensee is in
compliance with this Act, or whether an | ||||||
5 | unlicensed person is engaging in
activities for which a | ||||||
6 | license is required under this Act.
| ||||||
7 | (2) Examine under oath any person in connection with | ||||||
8 | the books and
records required to be maintained under this | ||||||
9 | Act.
| ||||||
10 | (3) Examine any books and records of a licensee that | ||||||
11 | the Comptroller
considers necessary to ascertain | ||||||
12 | compliance with this Act.
| ||||||
13 | (4) Require the production of a copy of any record, | ||||||
14 | book, document,
account, or paper that is produced in | ||||||
15 | accordance with this Act and retain it in
the
Comptroller's | ||||||
16 | possession until the completion of all proceedings in | ||||||
17 | connection
with which it is produced.
| ||||||
18 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
19 | (410 ILCS 18/62.5)
| ||||||
20 | Sec. 62.5. Service of notice. Service by the Department | ||||||
21 | Comptroller of any notice
requiring a
person to file a | ||||||
22 | statement or report under this Act shall be made: (1)
| ||||||
23 | personally by
delivery of a duly executed copy of the notice to | ||||||
24 | the person to be served or,
if that person
is not a natural | ||||||
25 | person, in the manner provided in the Civil Practice Law when
a
|
| |||||||
| |||||||
1 | complaint is filed; or (2) by mailing by certified mail a duly | ||||||
2 | executed copy of
the notice
to the person at his or her address | ||||||
3 | of record to be served at his or her last known abode or | ||||||
4 | principal place of
business
within this State .
| ||||||
5 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
6 | (410 ILCS 18/62.10)
| ||||||
7 | Sec. 62.10. Investigations; notice and hearing | ||||||
8 | Investigation of actions; hearing . The Department may at any | ||||||
9 | time investigate the actions of any applicant or of any person, | ||||||
10 | persons, or entity rendering or offering to render cremation | ||||||
11 | services or any person or entity holding or claiming to hold a | ||||||
12 | license as a licensed crematory. The Department shall, before | ||||||
13 | revoking, suspending, placing on probation, reprimanding, or | ||||||
14 | taking any other disciplinary action under Section 11 of this | ||||||
15 | Act, at least 30 days before the date set for the hearing, (i) | ||||||
16 | notify the accused in writing of the charges made and the time | ||||||
17 | and place for the hearing on the charges, (ii) direct the | ||||||
18 | accused applicant or licensee to file a written answer to the | ||||||
19 | charges with the Department under oath within 20 days after the | ||||||
20 | service on him or her of the notice, and (iii) inform the | ||||||
21 | accused that, if he or she fails to answer, default will be | ||||||
22 | taken against him or her or that his or her license may be | ||||||
23 | suspended, revoked, placed on probationary status, or other | ||||||
24 | disciplinary action taken with regard to the license, including | ||||||
25 | limiting the scope, nature, or extent of his or her practice, |
| |||||||
| |||||||
1 | as the Department may consider proper. | ||||||
2 | At the time and place fixed in the notice, the Department | ||||||
3 | shall proceed to hear the charges and the parties or their | ||||||
4 | counsel shall be accorded ample opportunity to present any | ||||||
5 | pertinent statements, testimony, evidence, and arguments. The | ||||||
6 | Secretary shall have the authority to appoint an attorney duly | ||||||
7 | licensed to practice law in the State of Illinois to serve as | ||||||
8 | the hearing officer in any disciplinary action with regard to a | ||||||
9 | license. The hearing officer shall have full authority to | ||||||
10 | conduct the hearing. The Department may continue the hearing | ||||||
11 | from time to time. In case the person, after receiving the | ||||||
12 | notice, fails to file an answer, his or her license may, in the | ||||||
13 | discretion of the Department, be suspended, revoked, placed on | ||||||
14 | probationary status, or the Department may take whatever | ||||||
15 | disciplinary action considered proper, including limiting the | ||||||
16 | scope, nature, or extent of the person's practice or the | ||||||
17 | imposition of a fine, without a hearing, if the act or acts | ||||||
18 | charged constitute sufficient grounds for that action under | ||||||
19 | this Act. The written notice may be served by personal delivery | ||||||
20 | or by certified mail to the address specified by the accused in | ||||||
21 | his or her last notification with the Department. | ||||||
22 | (a) The Comptroller shall make an investigation
upon
| ||||||
23 | discovering facts that, if proved, would constitute grounds for | ||||||
24 | refusal,
suspension, or
revocation of a license under this Act.
| ||||||
25 | (b) Before refusing to issue, and before suspending or | ||||||
26 | revoking, a license
under
this Act, the Comptroller shall hold |
| |||||||
| |||||||
1 | a hearing to determine whether the
applicant for a
license or | ||||||
2 | the licensee ("the respondent") is entitled to hold such a | ||||||
3 | license.
At least 10
days before the date set for the hearing, | ||||||
4 | the Comptroller shall notify the
respondent in
writing that (i) | ||||||
5 | on the designated date a hearing will be held to determine the
| ||||||
6 | respondent's
eligibility for a license and (ii) the respondent | ||||||
7 | may appear in person or by
counsel. The
written notice may be | ||||||
8 | served on the respondent personally, or by registered or
| ||||||
9 | certified
mail sent to the respondent's business address as | ||||||
10 | shown in the respondent's
latest
notification to the | ||||||
11 | Comptroller. The notice must include sufficient information
to | ||||||
12 | inform
the respondent of the general nature of the reason for | ||||||
13 | the Comptroller's
action.
| ||||||
14 | (c) At the hearing, both the respondent and the complainant | ||||||
15 | shall be
accorded
ample opportunity to present in person or by | ||||||
16 | counsel such statements,
testimony,
evidence, and argument as | ||||||
17 | may be pertinent to the charge or to any defense to
the charge. | ||||||
18 | The
Comptroller may reasonably continue the hearing from time | ||||||
19 | to time. The
Comptroller
may subpoena any person or persons in | ||||||
20 | this State and take testimony orally, by
deposition, or by | ||||||
21 | exhibit, in the same manner and with the same fees and
mileage | ||||||
22 | as
prescribed in judicial proceedings in civil cases. Any | ||||||
23 | authorized agent of the
Comptroller
may administer oaths to | ||||||
24 | witnesses at any hearing that the Comptroller is
authorized to
| ||||||
25 | conduct.
| ||||||
26 | (d) The Comptroller, at the Comptroller's expense, shall |
| |||||||
| |||||||
1 | provide a certified
shorthand reporter to take down the | ||||||
2 | testimony and preserve a record of every
proceeding at
the | ||||||
3 | hearing of any case involving the refusal to issue a license | ||||||
4 | under this
Act, the
suspension or revocation of such a license, | ||||||
5 | the imposition of a monetary
penalty, or the
referral of a case | ||||||
6 | for criminal prosecution. The record of any such proceeding
| ||||||
7 | shall
consist of the notice of hearing, the complaint, all | ||||||
8 | other documents in the
nature
of pleadings
and written motions | ||||||
9 | filed in the proceeding, the transcript of testimony, and
the | ||||||
10 | report and
orders of the Comptroller. Copies of the transcript | ||||||
11 | of the record may be
purchased from
the certified shorthand | ||||||
12 | reporter who prepared the record or from the
Comptroller.
| ||||||
13 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
14 | (410 ILCS 18/62.15)
| ||||||
15 | Sec. 62.15. Compelling testimony Court order . Any circuit | ||||||
16 | court, upon application of the Department or designated hearing | ||||||
17 | officer may enter an order requiring the attendance of | ||||||
18 | witnesses and their testimony, and the production of documents, | ||||||
19 | papers, files, books, and records in connection with any | ||||||
20 | hearing or investigation. The court may compel obedience to its | ||||||
21 | order by proceedings for contempt. Upon the application of the | ||||||
22 | Comptroller or of the
applicant or licensee against whom | ||||||
23 | proceedings under Section 62.10 are pending,
any circuit court | ||||||
24 | may enter an order requiring witnesses to attend and testify
| ||||||
25 | and requiring the production of documents, papers, files, |
| |||||||
| |||||||
1 | books, and records in
connection with any hearing in any | ||||||
2 | proceeding under that Section. Failure to
obey such a court | ||||||
3 | order may result in contempt proceedings.
| ||||||
4 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
5 | (410 ILCS 18/62.20)
| ||||||
6 | Sec. 62.20. Administrative review; venue; certification of | ||||||
7 | record; costs Judicial review .
| ||||||
8 | (a) All final administrative decisions of the Department | ||||||
9 | are subject to judicial review under the Administrative Review | ||||||
10 | Law and its rules. The term "administrative decision" is | ||||||
11 | defined as in Section 3-101 of the Code of Civil Procedure. | ||||||
12 | (b) Proceedings for judicial review shall be commenced in | ||||||
13 | the circuit court of the county in which the party applying for | ||||||
14 | review resides, but if the party is not a resident of Illinois, | ||||||
15 | the venue shall be in Sangamon County. | ||||||
16 | (c) The Department shall not be required to certify any | ||||||
17 | record of the court, file an answer in court, or to otherwise | ||||||
18 | appear in any court in a judicial review proceeding unless and | ||||||
19 | until the Department has received from the plaintiff payment of | ||||||
20 | the costs of furnishing and certifying the record, which costs | ||||||
21 | shall be determined by the Department. Failure on the part of | ||||||
22 | the plaintiff to make such payment to the Department is grounds | ||||||
23 | for dismissal of the action. Any person affected by a final | ||||||
24 | administrative
decision
of the Comptroller under this Act may | ||||||
25 | have the decision reviewed judicially by
the circuit
court of |
| |||||||
| |||||||
1 | the county where the person resides or, in the case of a | ||||||
2 | corporation,
where the
corporation's registered office is | ||||||
3 | located. If the plaintiff in the judicial
review proceeding
is | ||||||
4 | not a resident of this State, venue shall be in Sangamon | ||||||
5 | County. The
provisions of the
Administrative Review Law and any | ||||||
6 | rules adopted under it govern all proceedings
for the
judicial | ||||||
7 | review of final administrative decisions of the Comptroller | ||||||
8 | under this
Act. The
term "administrative decision" is defined | ||||||
9 | as in the Administrative Review Law.
| ||||||
10 | (b) The
Comptroller is not required to certify the record | ||||||
11 | of the proceeding unless the
plaintiff in
the review proceeding | ||||||
12 | has purchased a copy of the transcript from the certified
| ||||||
13 | shorthand
reporter who prepared the record or from the | ||||||
14 | Comptroller. Exhibits shall be
certified
without cost.
| ||||||
15 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
16 | (410 ILCS 18/65)
| ||||||
17 | Sec. 65. Pre-need cremation arrangements.
| ||||||
18 | (a) Any person, or anyone who has legal authority to act on
| ||||||
19 | behalf of a person, on a pre-need basis, may authorize his or | ||||||
20 | her own
cremation and the final disposition of his or her | ||||||
21 | cremated remains by
executing, as the authorizing agent, a | ||||||
22 | cremation authorization form on a
pre-need basis. A copy of | ||||||
23 | this form shall be provided to the person. Any
person shall | ||||||
24 | have the right to transfer or cancel this authorization at any
| ||||||
25 | time prior to death by destroying the executed cremation |
| |||||||
| |||||||
1 | authorization form and
providing written notice to the | ||||||
2 | crematory authority.
| ||||||
3 | (b) Any cremation authorization form that is being executed | ||||||
4 | by an
individual as his or her own authorizing agent on a | ||||||
5 | pre-need basis shall
contain the following disclosure, which | ||||||
6 | shall be completed by the
authorizing agent:
| ||||||
7 | "( ) I do not wish to allow any of my survivors the option | ||||||
8 | of cancelling
my cremation and selecting alternative | ||||||
9 | arrangements, regardless of
whether my survivors deem | ||||||
10 | a change to be appropriate.
| ||||||
11 | ( ) I wish to allow only the survivors whom I have | ||||||
12 | designated
below the option of cancelling my cremation | ||||||
13 | and selecting
alternative arrangements, if they deem a | ||||||
14 | change to be
appropriate:............"
| ||||||
15 | (c) Except as provided in subsection (b) of this Section, | ||||||
16 | at the time of the
death of a person who has executed, as the | ||||||
17 | authorizing agent, a cremation
authorization form on a pre-need | ||||||
18 | basis, any person in possession of an executed
form and any | ||||||
19 | person charged with making arrangements for the final | ||||||
20 | disposition
of the decedent who has knowledge of the existence | ||||||
21 | of an executed form, shall
use their best efforts to ensure | ||||||
22 | that the decedent is cremated and
that the final disposition of | ||||||
23 | the cremated remains is in accordance with the
instructions | ||||||
24 | contained on the cremation authorization form.
If a crematory | ||||||
25 | authority (i) is in possession of a completed cremation
| ||||||
26 | authorization form that was executed on a pre-need basis,
(ii) |
| |||||||
| |||||||
1 | is in possession of the designated human remains, and (iii) has | ||||||
2 | received
payment for the cremation of the human remains and the | ||||||
3 | final disposition of
the cremated remains or is otherwise | ||||||
4 | assured of payment, then the crematory
authority shall be | ||||||
5 | required to cremate the human remains and dispose of
the | ||||||
6 | cremated remains according to the instructions contained on the
| ||||||
7 | cremation authorization form, and may do so without any | ||||||
8 | liability.
| ||||||
9 | (d) (e) Any pre-need contract sold by, or pre-need | ||||||
10 | arrangements made with, a
cemetery, funeral establishment, | ||||||
11 | crematory authority, or any other party
that includes a | ||||||
12 | cremation shall specify the final disposition of the cremated
| ||||||
13 | remains, in accordance with Section 40. In the event that no | ||||||
14 | different or
inconsistent instructions are provided to the | ||||||
15 | crematory authority by the
authorizing agent at the time of | ||||||
16 | death, the crematory authority shall be
authorized to release | ||||||
17 | or dispose of the cremated remains as indicated in the
pre-need | ||||||
18 | agreement. Upon compliance with the terms of the pre-need
| ||||||
19 | agreement, the crematory authority shall be discharged from any | ||||||
20 | legal
obligation concerning the cremated remains. The pre-need | ||||||
21 | agreement shall be kept as a permanent record by the crematory | ||||||
22 | authority.
| ||||||
23 | (e) (f) This Section shall not apply to any cremation | ||||||
24 | authorization
form or pre-need contract executed prior to the | ||||||
25 | effective date of this Act.
Any cemetery, funeral | ||||||
26 | establishment, crematory authority, or other
party, however, |
| |||||||
| |||||||
1 | with the written approval of the authorizing agent or person
| ||||||
2 | who executed the pre-need contract, may designate that the | ||||||
3 | cremation
authorization form or pre-need contract shall be | ||||||
4 | subject to this Act.
| ||||||
5 | (Source: P.A. 87-1187.)
| ||||||
6 | (410 ILCS 18/80)
| ||||||
7 | Sec. 80. Record of proceedings; transcript Home Rule . The | ||||||
8 | Department, at its expense, shall preserve a record of all | ||||||
9 | proceedings at the formal hearing of any case. Any notice of | ||||||
10 | hearing, complaint, all other documents in the nature of | ||||||
11 | pleadings, written motions filed in the proceedings, the | ||||||
12 | transcripts of testimony, the report of the hearing officer, | ||||||
13 | and orders of the Department shall be in the record of the | ||||||
14 | proceeding. The Department shall furnish a transcript of such | ||||||
15 | record to any person interested in such hearing upon payment of | ||||||
16 | the fee required under Section 2105-115 of the Department of | ||||||
17 | Professional Regulation Law. The regulation of crematories and | ||||||
18 | crematory authorities
as set forth in this Act is an exclusive | ||||||
19 | power and function of the State. A
home rule unit may not | ||||||
20 | regulate crematories or crematory authorities. This
Section is | ||||||
21 | a denial and limitation of home rule powers and functions under
| ||||||
22 | subsection (h) of Section 6 of Article VII of the Illinois
| ||||||
23 | Constitution.
| ||||||
24 | (Source: P.A. 91-357, eff. 7-29-99.)
|
| |||||||
| |||||||
1 | (410 ILCS 18/85 new) | ||||||
2 | Sec. 85. Subpoenas; depositions; oaths. The Department has | ||||||
3 | the power to subpoena documents, books, records or other | ||||||
4 | materials and to bring before it any person and to take | ||||||
5 | testimony either orally or by deposition, or both, with the | ||||||
6 | same fees and mileage and in the same manner as prescribed in | ||||||
7 | civil cases in the courts of this State. The Secretary, the | ||||||
8 | designated hearing officer, or any qualified person the | ||||||
9 | Department may designate has the power to administer oaths to | ||||||
10 | witnesses at any hearing that the Department is authorized to | ||||||
11 | conduct, and any other oaths authorized in any Act administered | ||||||
12 | by the Department. | ||||||
13 | Every person having taken an oath or affirmation in any | ||||||
14 | proceeding or matter wherein an oath is required by this Act, | ||||||
15 | who shall swear willfully, corruptly and falsely in a matter | ||||||
16 | material to the issue or point in question, or shall suborn any | ||||||
17 | other person to swear as aforesaid, shall be guilty of perjury | ||||||
18 | or subornation of perjury, as the case may be and shall be | ||||||
19 | punished as provided by State law relative to perjury and | ||||||
20 | subornation of perjury. | ||||||
21 | (410 ILCS 18/87 new) | ||||||
22 | Sec. 87. Findings and recommendations. At the conclusion of
| ||||||
23 | the hearing, the hearing officer shall present to the Secretary | ||||||
24 | a written report of its findings of fact, conclusions of law, | ||||||
25 | and recommendations. The report shall contain a finding whether |
| |||||||
| |||||||
1 | or not the accused person violated this Act or its rules or | ||||||
2 | failed to comply with the conditions required in this Act or | ||||||
3 | its rules. The hearing officer shall specify the nature of any | ||||||
4 | violations or failure to comply and shall make recommendations | ||||||
5 | to the Secretary. In making recommendations for any | ||||||
6 | disciplinary actions, the hearing officer may take into | ||||||
7 | consideration all facts and circumstances bearing upon the | ||||||
8 | reasonableness of the conduct of the accused and the potential | ||||||
9 | for future harm to the public, including but not limited to, | ||||||
10 | previous discipline of the accused by the Department, intent, | ||||||
11 | degree of harm to the public and likelihood of harm in the | ||||||
12 | future, any restitution made by the accused, and whether the | ||||||
13 | incident or incidents contained in the complaint appear to be | ||||||
14 | isolated or represent a continuing pattern of conduct. In | ||||||
15 | making its recommendations for discipline, the hearing officer | ||||||
16 | shall endeavor to ensure that the severity of the discipline | ||||||
17 | recommended is reasonably related to the severity of the | ||||||
18 | violation. The report of findings of fact, conclusions of law, | ||||||
19 | and recommendation of the hearing officer shall be the basis | ||||||
20 | for the Department's order refusing to issue, restore, place on | ||||||
21 | probation, fine, suspend, revoke a license, or otherwise | ||||||
22 | disciplining a licensee. If the Secretary disagrees with the | ||||||
23 | recommendations of the hearing officer, the Secretary may issue | ||||||
24 | an order in contravention of the hearing officer's | ||||||
25 | recommendations. The finding is not admissible in evidence | ||||||
26 | against the person in a criminal prosecution brought for a |
| |||||||
| |||||||
1 | violation of this Act, but the hearing and finding are not a | ||||||
2 | bar to a criminal prosecution brought for a violation of this | ||||||
3 | Act. | ||||||
4 | (410 ILCS 18/88 new) | ||||||
5 | Sec. 88. Rehearing. At the conclusion of the hearing, a | ||||||
6 | copy of the hearing officer's report shall be served upon the | ||||||
7 | applicant or licensee by the Department, either personally or | ||||||
8 | as provided in this Act. Within 20 days after service, the | ||||||
9 | applicant or licensee may present to the Department a motion in | ||||||
10 | writing for a rehearing, which shall specify the particular | ||||||
11 | grounds for rehearing. The Department may respond to the motion | ||||||
12 | for rehearing within 20 days after its service on the | ||||||
13 | Department. If no motion for rehearing is filed, then upon the | ||||||
14 | expiration of the time specified for filing such a motion, or | ||||||
15 | if a motion for rehearing is denied, then upon denial, the | ||||||
16 | Secretary may enter an order in accordance with recommendations | ||||||
17 | of the hearing officer except as provided in Section 89 of this | ||||||
18 | Act. | ||||||
19 | If the applicant or licensee orders from the reporting | ||||||
20 | service and pays for a transcript of the record within the time | ||||||
21 | for filing a motion for rehearing, the 20-day period within | ||||||
22 | which a motion may be filed shall commence upon the delivery of | ||||||
23 | the transcript to the applicant or licensee. | ||||||
24 | (410 ILCS 18/89 new) |
| |||||||
| |||||||
1 | Sec. 89. Secretary; rehearing. Whenever the Secretary | ||||||
2 | believes that substantial justice has not been done in the | ||||||
3 | revocation, suspension, or refusal to issue or restore a | ||||||
4 | license or other discipline of an applicant or licensee, he or | ||||||
5 | she may order a rehearing by the same or other hearing | ||||||
6 | officers. | ||||||
7 | (410 ILCS 18/90 new) | ||||||
8 | Sec. 90. Order or certified copy; prima facie proof. An | ||||||
9 | order or certified copy thereof, over the seal of the | ||||||
10 | Department and purporting to be signed by the Secretary, is | ||||||
11 | prima facie proof that: | ||||||
12 | (a) the signature is the genuine signature of the | ||||||
13 | Secretary; | ||||||
14 | (b) the Secretary is duly appointed and qualified; and | ||||||
15 | (c) the hearing officer is qualified to act. | ||||||
16 | (410 ILCS 18/91 new) | ||||||
17 | Sec. 91. Civil action and civil penalties. In addition to
| ||||||
18 | the other penalties and remedies provided in this Act, the | ||||||
19 | Department may bring a civil action in the county of residence | ||||||
20 | of the licensee or any other person to enjoin any violation or | ||||||
21 | threatened violation of this Act. In addition to any other | ||||||
22 | penalty provided by law, any person who violates this Act shall | ||||||
23 | forfeit and pay a civil penalty to the Department in an amount | ||||||
24 | not to exceed $10,000 for each violation as determined by the |
| |||||||
| |||||||
1 | Department. The civil penalty shall be assessed by the | ||||||
2 | Department in accordance with the provisions of this Act. | ||||||
3 | Any civil penalty shall be paid within 60 days after the | ||||||
4 | effective date of the order imposing the civil penalty. The | ||||||
5 | order shall constitute a judgment and may be filed and | ||||||
6 | execution had thereon in the same manner as any judgment from | ||||||
7 | any court of record. All moneys collected under this Section | ||||||
8 | shall be deposited into the Cemetery Oversight Licensing and | ||||||
9 | Disciplinary Fund. | ||||||
10 | (410 ILCS 18/92 new) | ||||||
11 | Sec. 92. Consent order. At any point in any investigation | ||||||
12 | or disciplinary proceedings as provided in this Act, both | ||||||
13 | parties may agree to a negotiated consent order. The consent | ||||||
14 | order shall be final upon signature of the Secretary. | ||||||
15 | (410 ILCS 18/93 new) | ||||||
16 | Sec. 93. Illinois Administrative Procedure Act; | ||||||
17 | application. The Illinois Administrative Procedure Act is | ||||||
18 | expressly adopted and incorporated in this Act as if all of the | ||||||
19 | provisions of that Act were included in this Act, except that | ||||||
20 | the provision of paragraph (d) of Section 10-65 of the Illinois | ||||||
21 | Administrative Procedure Act, which provides that at hearings | ||||||
22 | the licensee has the right to show compliance with all lawful | ||||||
23 | requirements for retention or continuation of the license, is | ||||||
24 | specifically excluded. For the purpose of this Act, the notice |
| |||||||
| |||||||
1 | required under Section 10-25 of the Illinois Administrative | ||||||
2 | Procedure Act is considered sufficient when mailed to the | ||||||
3 | address of record. | ||||||
4 | (410 ILCS 18/94 new) | ||||||
5 | Sec. 94. Summary suspension of a license. The Secretary may | ||||||
6 | summarily suspend a license of a licensed crematory without a | ||||||
7 | hearing, simultaneously with the institution of proceedings | ||||||
8 | for a hearing provided for in this Act, if the Secretary finds | ||||||
9 | that evidence in the Secretary's possession indicates that the | ||||||
10 | licensee's continued practice would constitute an imminent | ||||||
11 | danger to the public. In the event that the Secretary summarily | ||||||
12 | suspends the license of a licensed crematory without a hearing, | ||||||
13 | a hearing must be commenced within 30 days after the suspension | ||||||
14 | has occurred and concluded as expeditiously as practical. In | ||||||
15 | the event of a summary suspension, the county coroner or | ||||||
16 | medical examiner responsible for the area where the crematory | ||||||
17 | is located shall make arrangements to dispose of any bodies in | ||||||
18 | the suspended licensee's possession after consulting with the | ||||||
19 | authorizing agents for those bodies. | ||||||
20 | (410 ILCS 18/95 new) | ||||||
21 | Sec. 95. Home Rule. The regulation of crematories and | ||||||
22 | crematory authorities as set forth in this Act is an exclusive | ||||||
23 | power and function of the State. A home rule unit may not | ||||||
24 | regulate crematories or crematory authorities. This Section is |
| |||||||
| |||||||
1 | a denial and limitation of home rule powers and functions under | ||||||
2 | subsection (h) of Section 6 of Article VII of the Illinois | ||||||
3 | Constitution. | ||||||
4 | Section 90-30. The Vital Records Act is amended by changing | ||||||
5 | Sections 11 and 18.5 as follows:
| ||||||
6 | (410 ILCS 535/11) (from Ch. 111 1/2, par. 73-11)
| ||||||
7 | Sec. 11. Information required on forms.
| ||||||
8 | (a) The form of certificates, reports, and other returns
| ||||||
9 | required by this Act or by regulations adopted under this Act | ||||||
10 | shall include
as a minimum the items recommended by the federal | ||||||
11 | agency responsible for
national vital statistics, subject to | ||||||
12 | approval of and modification by the
Department. All forms shall | ||||||
13 | be prescribed and furnished by the
State Registrar of Vital | ||||||
14 | Records.
| ||||||
15 | (b) On and after the effective date of this amendatory Act | ||||||
16 | of 1983,
all forms used to collect information under this Act | ||||||
17 | which request information
concerning the race or ethnicity of | ||||||
18 | an individual by providing spaces for
the designation of that | ||||||
19 | individual as "white" or "black", or the semantic
equivalent | ||||||
20 | thereof, shall provide an additional space for a designation as
| ||||||
21 | "Hispanic".
| ||||||
22 | (c) Effective November 1, 1990, the social security numbers | ||||||
23 | of the
mother and father shall be collected at the time of the | ||||||
24 | birth of the child.
These numbers shall not be recorded on the |
| |||||||
| |||||||
1 | certificate of live
birth. The numbers may be used only for | ||||||
2 | those purposes allowed by Federal law.
| ||||||
3 | (d) The social security number of a person who has died | ||||||
4 | shall be entered
on the
death certificate; however, failure to | ||||||
5 | enter the social security number of the
person who has died on | ||||||
6 | the
death certificate does not invalidate the death | ||||||
7 | certificate.
| ||||||
8 | (e) If the place of disposition of a dead human body or | ||||||
9 | cremated remains is in a cemetery, the burial permit shall | ||||||
10 | include the place of disposition. The place of disposition | ||||||
11 | shall include the lot, block, section, and plot or niche where | ||||||
12 | the dead human body or cremated remains are located. This | ||||||
13 | subsection does not apply to cremated remains scattered in a | ||||||
14 | cemetery. | ||||||
15 | (Source: P.A. 90-18, eff. 7-1-97.)
| ||||||
16 | (410 ILCS 535/18.5)
| ||||||
17 | Sec. 18.5. Electronic reporting system for death | ||||||
18 | registrations. The State
Registrar
shall may facilitate death | ||||||
19 | registration by implementing an electronic reporting
system. | ||||||
20 | The
system may be used to transfer information to individuals | ||||||
21 | and institutions
responsible for
completing and filing | ||||||
22 | certificates and related reports for deaths that occur in
the | ||||||
23 | State.
The system shall be capable of storing and retrieving | ||||||
24 | accurate
and timely
data and statistics for those persons and | ||||||
25 | agencies responsible for vital
records registration
and |
| |||||||
| |||||||
1 | administration. Upon establishment of such an electronic | ||||||
2 | reporting system, but not later than January 1, 2011, the | ||||||
3 | county clerk in the county in which a death occurred or the | ||||||
4 | county clerk of the county where a decedent last resided, as | ||||||
5 | indicated on the decedent's death certificate, shall be | ||||||
6 | authorized to issue certifications of death records from such | ||||||
7 | system, and the State Registrar shall cause the electronic | ||||||
8 | reporting system to provide for such capability. The Department | ||||||
9 | of Financial and Professional Regulation shall have access to | ||||||
10 | the system to enhance its enforcement of the Cemetery Oversight | ||||||
11 | Act.
| ||||||
12 | (Source: P.A. 96-327, eff. 8-11-09.)
| ||||||
13 | Section 90-33. The Eminent Domain Act is amended by | ||||||
14 | changing Section 15-5-40 as follows: | ||||||
15 | (735 ILCS 30/15-5-40)
| ||||||
16 | Sec. 15-5-40. Eminent domain powers in ILCS Chapters 705 | ||||||
17 | through 820. The following provisions of law may include | ||||||
18 | express grants of the power to acquire property by condemnation | ||||||
19 | or eminent domain: | ||||||
20 | (765 ILCS 230/2); Coast and Geodetic Survey Act; United States | ||||||
21 | of America; for carrying out coast and geodetic surveys.
| ||||||
22 | (765 ILCS 505/1); Mining Act of 1874; mine owners and | ||||||
23 | operators; for roads, railroads, and ditches.
|
| |||||||
| |||||||
1 | (805 ILCS 25/2); Corporation Canal Construction Act; general | ||||||
2 | corporations; for levees, canals, or tunnels for | ||||||
3 | agricultural, mining, or sanitary purposes.
| ||||||
4 | (805 ILCS 30/7); Gas Company Property Act; consolidating gas | ||||||
5 | companies; for acquisition of stock of dissenting | ||||||
6 | stockholder.
| ||||||
7 | (805 ILCS 120/9); Merger of Not For Profit Corporations Act; | ||||||
8 | merging or consolidating corporations; for acquisition of | ||||||
9 | interest of objecting member or owner.
| ||||||
10 | (805 ILCS 320/16 through 320/20); Cemetery Association Act; | ||||||
11 | cemetery associations; for cemetery purposes.
| ||||||
12 | (Source: P.A. 94-1055, eff. 1-1-07.) | ||||||
13 | Section 90-35. The Crime Victims Compensation Act is | ||||||
14 | amended by changing Section 2 as follows:
| ||||||
15 | (740 ILCS 45/2) (from Ch. 70, par. 72)
| ||||||
16 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
17 | context
otherwise requires:
| ||||||
18 | (a) "Applicant" means any person who applies for | ||||||
19 | compensation under this
Act or any person the Court of Claims | ||||||
20 | finds is entitled to compensation,
including the guardian of a | ||||||
21 | minor or of a person under legal disability. It
includes any | ||||||
22 | person who was a dependent of a deceased victim of a crime of
| ||||||
23 | violence for his or her support at the time of the death of | ||||||
24 | that victim.
|
| |||||||
| |||||||
1 | (b) "Court of Claims" means the Court of Claims created by | ||||||
2 | the Court
of Claims Act.
| ||||||
3 | (c) "Crime of violence" means and includes any offense | ||||||
4 | defined in
Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 11-19.2, | ||||||
5 | 11-20.1, 12-1,
12-2,
12-3, 12-3.2,
12-3.3,
12-4, 12-4.1, | ||||||
6 | 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
| ||||||
7 | 12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1 of the | ||||||
8 | Criminal Code of 1961, Sections 1(a) and 1(a-5) of the Cemetery | ||||||
9 | Protection Act, driving under
the influence of intoxicating | ||||||
10 | liquor or narcotic drugs as defined in Section
11-501 of the | ||||||
11 | Illinois Vehicle Code, and a violation of Section 11-401 of the | ||||||
12 | Illinois Vehicle Code, provided the victim was a pedestrian or | ||||||
13 | was operating a vehicle moved solely by human power or a | ||||||
14 | mobility device at the time of contact; so long as the offense | ||||||
15 | did not occur
during a civil riot, insurrection or rebellion. | ||||||
16 | "Crime of violence" does not
include any other offense or | ||||||
17 | accident involving a motor vehicle except those
vehicle | ||||||
18 | offenses specifically provided for in this paragraph. "Crime of
| ||||||
19 | violence" does include all of the offenses specifically | ||||||
20 | provided for in this
paragraph that occur within this State but | ||||||
21 | are subject to federal jurisdiction
and crimes involving | ||||||
22 | terrorism as defined in 18 U.S.C. 2331.
| ||||||
23 | (d) "Victim" means (1) a person killed or injured in this | ||||||
24 | State as a
result of a crime of violence perpetrated or | ||||||
25 | attempted against him or her,
(2) the
parent of a person killed | ||||||
26 | or injured in this State as a result of a crime of
violence |
| |||||||
| |||||||
1 | perpetrated or attempted against the person, (3) a person | ||||||
2 | killed
or injured in this State while attempting to assist a | ||||||
3 | person against whom a
crime of violence is being perpetrated or | ||||||
4 | attempted, if that attempt of
assistance would be expected of a | ||||||
5 | reasonable person man under the circumstances,
(4) a person | ||||||
6 | killed or injured in this State while assisting a law
| ||||||
7 | enforcement official apprehend a person who has perpetrated a | ||||||
8 | crime of
violence or prevent the perpetration of any such crime | ||||||
9 | if that
assistance was in response to the express request of | ||||||
10 | the law enforcement
official, (5) a person who personally
| ||||||
11 | witnessed a violent crime, (5.1) solely
for the purpose of | ||||||
12 | compensating for pecuniary loss incurred for
psychological | ||||||
13 | treatment of a mental or emotional condition caused or | ||||||
14 | aggravated
by the crime, any other person under the age of 18 | ||||||
15 | who is the brother, sister,
half brother, half sister, child, | ||||||
16 | or stepchild
of a person killed or injured in
this State as a
| ||||||
17 | result of a crime of violence, or (6) an Illinois resident
who | ||||||
18 | is a victim of a "crime of violence" as defined in this Act | ||||||
19 | except, if
the crime occurred outside this State, the resident | ||||||
20 | has the same rights
under this Act as if the crime had occurred | ||||||
21 | in this State upon a showing
that the state, territory, | ||||||
22 | country, or political subdivision of a country
in which the | ||||||
23 | crime occurred does not have a compensation of victims of
| ||||||
24 | crimes law for which that Illinois resident is eligible , (7) a | ||||||
25 | deceased person whose body is dismembered or whose remains are | ||||||
26 | desecrated as the result of a crime of violence, or (8) solely |
| |||||||
| |||||||
1 | for the purpose of compensating for pecuniary loss incurred for | ||||||
2 | psychological treatment of a mental or emotional condition | ||||||
3 | caused or aggravated by the crime, any parent, spouse, or child | ||||||
4 | under the age of 18 of a deceased person whose body is | ||||||
5 | dismembered or whose remains are desecrated as the result of a | ||||||
6 | crime of violence .
| ||||||
7 | (e) "Dependent" means a relative of a deceased victim who | ||||||
8 | was wholly or
partially dependent upon the victim's income at | ||||||
9 | the time of his or her
death
and shall include the child of a | ||||||
10 | victim born after his or her death.
| ||||||
11 | (f) "Relative" means a spouse, parent, grandparent, | ||||||
12 | stepfather, stepmother,
child, grandchild, brother, | ||||||
13 | brother-in-law, sister, sister-in-law, half
brother, half | ||||||
14 | sister, spouse's parent, nephew, niece, uncle or aunt.
| ||||||
15 | (g) "Child" means an unmarried son or daughter who is under | ||||||
16 | 18 years of
age and includes a stepchild, an adopted child or a | ||||||
17 | child born out of wedlock.
| ||||||
18 | (h) "Pecuniary loss" means, in the case of injury, | ||||||
19 | appropriate medical
expenses and hospital expenses including | ||||||
20 | expenses of medical
examinations, rehabilitation, medically | ||||||
21 | required
nursing care expenses, appropriate
psychiatric care | ||||||
22 | or psychiatric counseling expenses, expenses for care or
| ||||||
23 | counseling by a licensed clinical psychologist, licensed | ||||||
24 | clinical social
worker, or licensed clinical professional | ||||||
25 | counselor and expenses for treatment by Christian Science | ||||||
26 | practitioners and
nursing care appropriate thereto; |
| |||||||
| |||||||
1 | transportation expenses to and from medical and treatment | ||||||
2 | facilities; prosthetic appliances, eyeglasses, and
hearing | ||||||
3 | aids necessary or damaged as a result of the
crime; replacement | ||||||
4 | costs for clothing and bedding used as evidence; costs
| ||||||
5 | associated with temporary lodging or relocation necessary as a
| ||||||
6 | result of the crime, including, but not limited to, the first | ||||||
7 | month's rent and security deposit of the dwelling that the | ||||||
8 | claimant relocated to and other reasonable relocation expenses | ||||||
9 | incurred as a result of the violent crime;
locks or windows | ||||||
10 | necessary or damaged as a result of the crime; the purchase,
| ||||||
11 | lease, or rental of equipment necessary to create usability of | ||||||
12 | and
accessibility to the victim's real and personal property, | ||||||
13 | or the real and
personal property which is used by the victim, | ||||||
14 | necessary as a result of the
crime; the costs of appropriate | ||||||
15 | crime scene clean-up;
replacement
services loss, to a maximum | ||||||
16 | of $1000 per month;
dependents replacement
services loss, to a | ||||||
17 | maximum of $1000 per month; loss of tuition paid to
attend | ||||||
18 | grammar school or high school when the victim had been enrolled | ||||||
19 | as a
student prior to the injury, or college or graduate school | ||||||
20 | when
the victim had been enrolled as a day or night student | ||||||
21 | prior to
the injury when the victim becomes unable to continue | ||||||
22 | attendance at school
as a result of the crime of violence | ||||||
23 | perpetrated against him or her; loss
of
earnings, loss of | ||||||
24 | future earnings because of disability resulting from the
| ||||||
25 | injury, and, in addition, in the case of death, expenses for | ||||||
26 | funeral, burial, and travel and transport for survivors
of |
| |||||||
| |||||||
1 | homicide victims to secure bodies of deceased victims and to | ||||||
2 | transport
bodies for burial all of which
may not exceed a | ||||||
3 | maximum of $5,000 and loss of support of the dependents of
the | ||||||
4 | victim ; in the case of dismemberment or desecration of a body, | ||||||
5 | expenses for funeral and burial, all of which may not exceed a | ||||||
6 | maximum of $5,000 .
Loss of future earnings shall be reduced by | ||||||
7 | any income from substitute work
actually performed by the | ||||||
8 | victim or by income he or she would have earned
in
available | ||||||
9 | appropriate substitute work he or she was capable of performing
| ||||||
10 | but
unreasonably failed to undertake. Loss of earnings, loss of | ||||||
11 | future
earnings and loss of support shall be determined on the | ||||||
12 | basis of the
victim's average net monthly earnings for the 6 | ||||||
13 | months immediately
preceding the date of the injury or on $1000 | ||||||
14 | per month, whichever is less.
If a divorced or legally | ||||||
15 | separated applicant is claiming loss of support
for a minor | ||||||
16 | child of the deceased, the amount of support for each child
| ||||||
17 | shall be based either on the amount of support
pursuant to the | ||||||
18 | judgment prior to the date of the deceased
victim's injury or | ||||||
19 | death, or, if the subject of pending litigation filed by
or on | ||||||
20 | behalf of the divorced or legally separated applicant prior to | ||||||
21 | the
injury or death, on the result of that litigation. Real and | ||||||
22 | personal
property includes, but is not limited to, vehicles, | ||||||
23 | houses, apartments,
town houses, or condominiums. Pecuniary | ||||||
24 | loss does not
include pain and suffering or property loss or | ||||||
25 | damage.
| ||||||
26 | (i) "Replacement services loss" means expenses reasonably |
| |||||||
| |||||||
1 | incurred in
obtaining ordinary and necessary services in lieu | ||||||
2 | of those the
injured person would have performed, not for | ||||||
3 | income, but for the benefit
of himself or herself or his or her | ||||||
4 | family, if he or she had not
been injured.
| ||||||
5 | (j) "Dependents replacement services loss" means loss | ||||||
6 | reasonably incurred
by dependents or private legal guardians of | ||||||
7 | minor dependents after a victim's death in obtaining ordinary | ||||||
8 | and necessary
services in lieu of those the victim would have | ||||||
9 | performed, not for income,
but for their benefit, if he or she | ||||||
10 | had not been fatally injured.
| ||||||
11 | (k) "Survivor" means immediate family including a parent, | ||||||
12 | step-father,
step-mother, child,
brother, sister, or spouse.
| ||||||
13 | (Source: P.A. 96-267, eff. 8-11-09.)
| ||||||
14 | Section 90-40. The Burial Lot Perpetual Trust Act is | ||||||
15 | amended by changing Section 2 as follows:
| ||||||
16 | (760 ILCS 90/2) (from Ch. 21, par. 32)
| ||||||
17 | Sec. 2.
Every company or association incorporated for | ||||||
18 | cemetery
purposes under any general or special law of the State | ||||||
19 | of Illinois may
receive, by gift, legacy, or otherwise, moneys | ||||||
20 | or real or
personal property, or the income or avails of such | ||||||
21 | moneys or property,
in trust, in perpetuity, for the | ||||||
22 | improvement, maintenance,
ornamentation, repair, care and | ||||||
23 | preservation of any burial lot or grave,
vault, tomb, or other | ||||||
24 | such structures, in any cemetery owned or
controlled by such |
| |||||||
| |||||||
1 | cemetery company or association, upon such terms and
in such | ||||||
2 | manner as may be provided by the terms of such gift, legacy
or | ||||||
3 | other conveyance of such moneys or property in trust and
| ||||||
4 | assented to by such company or association, and subject to the | ||||||
5 | rules and
regulations of such company or association, and every | ||||||
6 | such company or
association owning or controlling any such | ||||||
7 | cemetery may make contracts
with the owner or owners or legal | ||||||
8 | representatives of any lot, grave,
vault, tomb, or other such | ||||||
9 | structure in such cemetery, for the
improvement, maintenance, | ||||||
10 | ornamentation, care, preservation and repair
of any such lot, | ||||||
11 | grave, vault, tomb, or other such structure in such
cemetery | ||||||
12 | owned or controlled by such cemetery company or association.
If | ||||||
13 | the cemetery is a privately owned cemetery, as defined in | ||||||
14 | Section 2 of the Cemetery Care Act, or a licensed cemetery | ||||||
15 | authority under the Cemetery Oversight Act, or if the burial | ||||||
16 | lot or grave, vault, tomb, or other such structures are in a | ||||||
17 | privately owned cemetery, as defined in Section 2 of the | ||||||
18 | Cemetery Care Act, or a licensed cemetery authority under the | ||||||
19 | Cemetery Oversight Act, then such company or association shall | ||||||
20 | also comply with the provisions of the Cemetery Care Act or | ||||||
21 | Cemetery Oversight Act, whichever is applicable. Where the | ||||||
22 | cemetery is a privately operated
cemetery, as defined in | ||||||
23 | section 2 of the Cemetery Care Act, approved July
21, 1947, as | ||||||
24 | amended, or where the burial lot or grave,
vault, tomb, or | ||||||
25 | other such structures are in a privately operated
cemetery, as | ||||||
26 | defined in section 2 of that Act, then such company or
|
| |||||||
| |||||||
1 | association shall also comply with the provisions of the | ||||||
2 | Cemetery Care
Act.
| ||||||
3 | (Source: P.A. 83-388.)
| ||||||
4 | Section 90-45. The Cemetery Perpetual Trust Authorization | ||||||
5 | Act is amended by changing Section 2 as follows:
| ||||||
6 | (760 ILCS 95/2) (from Ch. 21, par. 64)
| ||||||
7 | Sec. 2. Any incorporated cemetery association incorporated | ||||||
8 | not for
pecuniary profit, may if it elects to do so, receive | ||||||
9 | and hold money, funds
and property in perpetual trust pursuant | ||||||
10 | to the provisions of this act.
Such election shall be evidenced | ||||||
11 | by a by-law or resolution adopted by the
board of directors, or | ||||||
12 | board of trustees of the incorporated cemetery
association. Any | ||||||
13 | person is authorized to give, donate or bequeath
any sum of | ||||||
14 | money or any funds, securities, or property of any kind to the
| ||||||
15 | cemetery association, in perpetual trust, for the maintenance, | ||||||
16 | care,
repair, upkeep or ornamentation of the cemetery, or any | ||||||
17 | lot or lots, or
grave or graves in the cemetery, specified in | ||||||
18 | the instrument making the
gift, donation or legacy. The | ||||||
19 | cemetery association
may receive and
hold in perpetual trust, | ||||||
20 | any such money, funds, securities and property so
given, | ||||||
21 | donated or bequeathed to it, and may convert the property,
| ||||||
22 | funds and securities into money and shall invest and keep | ||||||
23 | invested the
proceeds thereof and the money so given, donated | ||||||
24 | and bequeathed, in safe
and secure income bearing investments, |
| |||||||
| |||||||
1 | including investments in income
producing real estate, | ||||||
2 | provided the purchase price of the real estate shall
not exceed | ||||||
3 | the fair market value thereof on the date of its purchase as
| ||||||
4 | such value is determined by the board of directors or board of | ||||||
5 | trustees of
the association. The principal of the trust fund | ||||||
6 | shall be kept intact and
the income arising therefrom shall be | ||||||
7 | perpetually applied for the uses and
purposes specified in the | ||||||
8 | instrument making the gift, donation or
legacy and for no other | ||||||
9 | purpose.
| ||||||
10 | The by-laws of the cemetery association shall provide for a | ||||||
11 | permanent
committee to manage and control the trust funds so | ||||||
12 | given, donated
and bequeathed to it. The members of the | ||||||
13 | committee shall be appointed by
the board of directors, or | ||||||
14 | board of trustees of the cemetery association
from among the | ||||||
15 | members of the board of directors or board of trustees. The
| ||||||
16 | committee shall choose a chairman, a secretary and a treasurer | ||||||
17 | from among
the members, and shall have the management and | ||||||
18 | control of the trust funds
of the cemetery association so | ||||||
19 | given, donated and bequeathed in
trust, under the supervision | ||||||
20 | of the board of directors or board of
trustees. The treasurer | ||||||
21 | of the committee shall execute a bond to the People
of the | ||||||
22 | State of Illinois for the use of the cemetery association, in a
| ||||||
23 | penal sum of not less than double the amount of the trust funds | ||||||
24 | coming into
his possession as treasurer, conditioned for the | ||||||
25 | faithful
performance of his
duties and the faithful accounting | ||||||
26 | for all money or funds which by virtue
of his treasurership |
| |||||||
| |||||||
1 | come into his possession, and be in such
form and with such
| ||||||
2 | securities as may be prescribed and approved by the board of | ||||||
3 | directors, or
board of trustees, and shall be approved by such | ||||||
4 | board of directors, or
board of trustees, and filed with the | ||||||
5 | secretary of the cemetery
association.
| ||||||
6 | The treasurer of the committee shall have the custody of | ||||||
7 | all money,
funds and property received in trust by the cemetery | ||||||
8 | association and shall
invest the same in accordance with the | ||||||
9 | directions of the committee as
approved by the board of | ||||||
10 | directors or board of trustees of the cemetery
association, and | ||||||
11 | shall receive and have the custody of all of the income
arising | ||||||
12 | from such investments and as the income is received by him, he
| ||||||
13 | shall pay it to the treasurer of the cemetery association, and | ||||||
14 | he shall
keep permanent books of record of all such trust funds | ||||||
15 | and of all receipts
arising therefrom and disbursements | ||||||
16 | thereof, and shall annually make a
written report to the board | ||||||
17 | of directors or board of trustees of the
cemetery association, | ||||||
18 | under oath, showing receipts and disbursements,
including a | ||||||
19 | statement showing the amount and principal of trust funds on
| ||||||
20 | hand and how invested, which report shall be audited by the | ||||||
21 | board of
directors, or board of trustees, and if found correct, | ||||||
22 | shall be approved,
and filed with the secretary of the cemetery | ||||||
23 | association.
| ||||||
24 | The secretary of the committee shall keep, in a book | ||||||
25 | provided for such
purpose, a permanent record of the | ||||||
26 | proceedings of the committee, signed
by the president and |
| |||||||
| |||||||
1 | attested by the secretary, and shall also keep a
permanent | ||||||
2 | record of the several trust funds, the amounts thereof, and for
| ||||||
3 | what uses and purposes, respectively, and he shall annually, at | ||||||
4 | the time the
treasurer makes his report, make a written report | ||||||
5 | under oath, to the
board of directors or board of trustees, | ||||||
6 | stating therein substantially the
same matter required to be | ||||||
7 | reported by the treasurer of the committee,
which report, if | ||||||
8 | found to be correct, shall be approved, and filed with the
| ||||||
9 | secretary of the association.
| ||||||
10 | The treasurer shall execute a bond to the People of the | ||||||
11 | State of
Illinois, in a penal sum of not less than double the | ||||||
12 | amount of money or
funds coming into his possession as such | ||||||
13 | treasurer, conditioned
for the faithful
performance of his | ||||||
14 | duties and the faithful accounting of all money or funds
which | ||||||
15 | by virtue of his office come into his possession and
be in such | ||||||
16 | form and
with such securities as may be prescribed and approved | ||||||
17 | by the board of
directors, or board of trustees, and shall be | ||||||
18 | approved by such board of
directors or board of trustees and | ||||||
19 | filed with the secretary of the cemetery
association.
| ||||||
20 | The trust funds, gifts and legacies mentioned
in this | ||||||
21 | section
and the income arising therefrom shall be exempt from | ||||||
22 | taxation and from the
operation of all laws of mortmain, and | ||||||
23 | the laws against perpetuities and
accumulations.
| ||||||
24 | No loan; investment; purchase of insurance on the life of | ||||||
25 | any trustee or employee; purchase of any real estate; or any | ||||||
26 | other transaction using care funds by any trustee, director, or |
| |||||||
| |||||||
1 | committee member shall be made to or for the benefit of any | ||||||
2 | person, officer, trustee, or party having any interest, or to | ||||||
3 | any firm, corporation, trade association, or partnership in | ||||||
4 | which any officer, director, trustee, or party has any | ||||||
5 | interest, is a member of, or serves as an officer or director. | ||||||
6 | A violation of this Section shall constitute the intentional | ||||||
7 | and improper withdrawal of trust funds. | ||||||
8 | No loan or investment in any unproductive real estate or | ||||||
9 | real estate outside of this State or in permanent improvements | ||||||
10 | of the cemetery or any of its facilities shall be made, unless | ||||||
11 | specifically authorized by the instrument whereby the | ||||||
12 | principal fund was created. No commission or brokerage fee for | ||||||
13 | the purchase or sale of any property shall be paid in excess of | ||||||
14 | that usual and customary at the time and in the locality where | ||||||
15 | such purchase or sale is made, and all such commissions and | ||||||
16 | brokerage fees shall be fully reported in the next annual | ||||||
17 | report filed by such cemetery association or trustee. | ||||||
18 | If the cemetery is a privately owned cemetery, as defined | ||||||
19 | in Section 2 of the Cemetery Care Act, or a licensed cemetery | ||||||
20 | authority under the Cemetery Oversight Act, or if the burial | ||||||
21 | lot or grave, vault, tomb, or other such structures are in a | ||||||
22 | privately owned cemetery, as defined in Section 2 of the | ||||||
23 | Cemetery Care Act, or a licensed cemetery authority under the | ||||||
24 | Cemetery Oversight Act, then such company or association shall | ||||||
25 | also comply with the provisions of the Cemetery Care Act or | ||||||
26 | Cemetery Oversight Act, whichever is applicable. Where the |
| |||||||
| |||||||
1 | cemetery is a privately operated cemetery, as defined in
| ||||||
2 | section 2 of the Cemetery Care Act, approved July 21, 1947, as | ||||||
3 | amended,
or where the lot or lots or grave or graves are in a | ||||||
4 | privately
operated cemetery, as defined in section 2 of that | ||||||
5 | Act, then such cemetery
association or such committee, shall | ||||||
6 | also comply with the provisions of the
Cemetery Care Act.
| ||||||
7 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
8 | Section 90-50. The Cemetery Protection Act is amended by | ||||||
9 | changing Sections .01, 1 and 8 as follows:
| ||||||
10 | (765 ILCS 835/.01) (from Ch. 21, par. 14.01)
| ||||||
11 | Sec. .01. For the purposes of this Act, the term:
| ||||||
12 | "Cemetery manager" means an individual who is engaged in, | ||||||
13 | or holding himself or herself out as engaged in, those | ||||||
14 | activities involved in or incidental to supervising the | ||||||
15 | following: the maintenance, operation, development, or | ||||||
16 | improvement of a cemetery licensed under this Act; the | ||||||
17 | interment of human remains; or the care, preservation, and | ||||||
18 | embellishment of cemetery property. This definition also | ||||||
19 | includes, without limitation, an individual that is an | ||||||
20 | independent contractor or individuals employed or contracted | ||||||
21 | by an independent contractor who is engaged in, or holding | ||||||
22 | himself or herself out as engaged in, those activities involved | ||||||
23 | in or incidental to supervising the following: the maintenance, | ||||||
24 | operation, development, or improvement of a cemetery licensed |
| |||||||
| |||||||
1 | under this Act; the interment of human remains; or the care, | ||||||
2 | preservation, and embellishment of cemetery property. | ||||||
3 | "Cemetery authority" is
defined as in Section 2 of the | ||||||
4 | "Cemetery Care Act", approved July 21, 1947,
as now and | ||||||
5 | hereafter amended.
| ||||||
6 | "Community mausoleum" means a mausoleum owned and operated | ||||||
7 | by a cemetery authority that contains multiple entombment | ||||||
8 | rights sold to the public.
| ||||||
9 | (Source: P.A. 94-44, eff. 6-17-05.)
| ||||||
10 | (765 ILCS 835/1) (from Ch. 21, par. 15)
| ||||||
11 | Sec. 1. (a) Any person who acts without proper legal | ||||||
12 | authority and
who willfully and knowingly destroys or damages | ||||||
13 | the remains of a deceased
human being or who desecrates human | ||||||
14 | remains is guilty of a Class 3 felony.
| ||||||
15 | (a-5) Any person who acts without proper legal authority | ||||||
16 | and who willfully
and knowingly removes any portion of the | ||||||
17 | remains of a deceased human
being from
a burial ground where | ||||||
18 | skeletal remains are buried or from a grave, crypt,
vault, | ||||||
19 | mausoleum, or other repository of human remains is guilty of a | ||||||
20 | Class 4
felony.
| ||||||
21 | (b) Any person who acts without proper legal authority and | ||||||
22 | who willfully
and knowingly:
| ||||||
23 | (1) obliterates, vandalizes, or desecrates a burial | ||||||
24 | ground where
skeletal remains are buried or a grave, crypt, | ||||||
25 | vault, mausoleum, or other
repository of human remains;
|
| |||||||
| |||||||
1 | (2) obliterates, vandalizes, or desecrates a park or | ||||||
2 | other
area
clearly designated to preserve and perpetuate | ||||||
3 | the memory of a deceased
person or group of persons;
| ||||||
4 | (3) obliterates, vandalizes, or desecrates plants, | ||||||
5 | trees,
shrubs, or
flowers located upon or around a | ||||||
6 | repository for human remains or within a
human graveyard or | ||||||
7 | cemetery; or
| ||||||
8 | (4) obliterates, vandalizes, or desecrates a fence, | ||||||
9 | rail,
curb, or
other structure of a similar nature intended | ||||||
10 | for the protection or for the
ornamentation of any tomb, | ||||||
11 | monument, gravestone, or other structure of
like | ||||||
12 | character;
| ||||||
13 | is guilty of a Class A misdemeanor if the amount of the damage | ||||||
14 | is less than
$500, a Class 4
felony if the amount of the damage | ||||||
15 | is at least $500 and less than $10,000, a
Class 3 felony if the | ||||||
16 | amount of the
damage is at least $10,000 and less than | ||||||
17 | $100,000, or a Class 2 felony if the
damage is
$100,000 or more | ||||||
18 | and shall provide
restitution to
the cemetery authority or | ||||||
19 | property owner for the amount of any damage caused.
| ||||||
20 | (b-5) Any person who acts without proper legal authority | ||||||
21 | and who willfully
and knowingly defaces, vandalizes, injures, | ||||||
22 | or removes a gravestone or other
memorial, monument, or marker | ||||||
23 | commemorating a deceased person or group of
persons,
whether | ||||||
24 | located within or outside of a recognized cemetery, memorial | ||||||
25 | park, or
battlefield is guilty of a Class 4 felony for damaging | ||||||
26 | at least one but no more
than 4
gravestones, a
Class 3 felony |
| |||||||
| |||||||
1 | for damaging at least 5 but no more than 10 gravestones, or a
| ||||||
2 | Class 2
felony for
damaging more than 10 gravestones and shall | ||||||
3 | provide restitution to the
cemetery authority or property owner | ||||||
4 | for the amount of any damage caused.
| ||||||
5 | (b-7) Any person who acts without proper legal authority
| ||||||
6 | and who willfully and knowingly removes with the intent to
| ||||||
7 | resell a gravestone or other memorial, monument, or marker
| ||||||
8 | commemorating a deceased person or group of persons, whether
| ||||||
9 | located within or outside a recognized cemetery, memorial
park, | ||||||
10 | or battlefield, is guilty of a Class 2 felony.
| ||||||
11 | (c) The provisions of this Section shall not apply to the | ||||||
12 | removal or
unavoidable breakage or injury by a cemetery | ||||||
13 | authority of anything placed
in or upon any portion of its | ||||||
14 | cemetery in violation of any of the rules and
regulations of | ||||||
15 | the cemetery authority, nor to the removal of anything
placed | ||||||
16 | in the cemetery by or with the consent of the cemetery | ||||||
17 | authority
that in the judgment of the cemetery authority has | ||||||
18 | become wrecked,
unsightly, or dilapidated.
| ||||||
19 | (d) If an unemancipated minor is found guilty of violating | ||||||
20 | any of the
provisions of subsection (b) of this Section and is | ||||||
21 | unable to provide
restitution to the cemetery authority or | ||||||
22 | property owner, the parents or
legal guardians of that minor | ||||||
23 | shall provide restitution to the cemetery
authority or property | ||||||
24 | owner for the amount of any damage caused, up to the
total | ||||||
25 | amount allowed under the Parental Responsibility Law.
| ||||||
26 | (d-5) Any person who commits any of the following: |
| |||||||
| |||||||
1 | (1) any unauthorized, non-related third party or | ||||||
2 | person who enters any sheds, crematories, or employee | ||||||
3 | areas;
| ||||||
4 | (2) any non-cemetery personnel who solicits cemetery | ||||||
5 | mourners or funeral directors on the grounds or in the | ||||||
6 | offices or chapels of a cemetery before, during, or after a | ||||||
7 | burial; | ||||||
8 | (3) any person who harasses or threatens any employee | ||||||
9 | of a cemetery on cemetery grounds; or | ||||||
10 | (4) any unauthorized person who removes, destroys, or | ||||||
11 | disturbs any cemetery devices or property placed for safety | ||||||
12 | of visitors and cemetery employees; | ||||||
13 | is guilty of a Class A misdemeanor for the first offense and of | ||||||
14 | a Class 4 felony for a second or subsequent offense. | ||||||
15 | (e) Any person who shall hunt, shoot
or discharge any gun, | ||||||
16 | pistol or other missile, within the limits of any
cemetery, or | ||||||
17 | shall cause any shot or missile to be discharged into or over
| ||||||
18 | any portion thereof, or shall violate any of the rules made and | ||||||
19 | established
by the board of directors of such cemetery, for the | ||||||
20 | protection or
government thereof, is guilty of a Class C | ||||||
21 | misdemeanor. | ||||||
22 | (f) Any person who knowingly enters or knowingly remains | ||||||
23 | upon the
premises of a public or private cemetery without | ||||||
24 | authorization during hours
that the cemetery is posted as | ||||||
25 | closed to the public is guilty of a Class A
misdemeanor.
| ||||||
26 | (g) All fines
when recovered, shall be paid over by the |
| |||||||
| |||||||
1 | court or officer receiving the
same to the cemetery authority | ||||||
2 | and be applied, as far as possible in
repairing the injury, if | ||||||
3 | any, caused by such offense. Provided, nothing
contained in | ||||||
4 | this Act shall deprive such cemetery authority or the owner
of | ||||||
5 | any interment, entombment, or inurnment inurement right or | ||||||
6 | monument from maintaining an action for the recovery of
damages | ||||||
7 | caused by any injury caused by a violation of the provisions of
| ||||||
8 | this Act, or of the rules established by the board of directors | ||||||
9 | of such
cemetery authority. Nothing in this Section shall be | ||||||
10 | construed to
prohibit the discharge of firearms loaded with | ||||||
11 | blank ammunition as part of
any funeral, any memorial | ||||||
12 | observance or any other patriotic or military
ceremony.
| ||||||
13 | (Source: P.A. 94-44, eff. 6-17-05; 94-608, eff. 8-16-05; | ||||||
14 | 95-331, eff. 8-21-07.)
| ||||||
15 | (765 ILCS 835/8) (from Ch. 21, par. 21.1)
| ||||||
16 | Sec. 8. If the cemetery is a privately owned cemetery, as | ||||||
17 | defined in Section 2 of the Cemetery Care Act, or a licensed | ||||||
18 | cemetery authority under the Cemetery Oversight Act, or if the | ||||||
19 | burial lot or grave, vault, tomb, or other such structures are | ||||||
20 | in a privately owned cemetery, as defined in Section 2 of the | ||||||
21 | Cemetery Care Act, or a licensed cemetery authority under the | ||||||
22 | Cemetery Oversight Act, then such company or association shall | ||||||
23 | also comply with the provisions of the Cemetery Care Act or | ||||||
24 | Cemetery Oversight Act, whichever is applicable. Furthermore, | ||||||
25 | no cemetery authority company or other legal entity may deny |
| |||||||
| |||||||
1 | burial space to any person because of race, creed, marital | ||||||
2 | status, sex, national origin, sexual orientation, or color. A | ||||||
3 | cemetery company or other entity operating any cemetery may | ||||||
4 | designate parts of cemeteries or burial grounds for the | ||||||
5 | specific use of persons whose religious code requires | ||||||
6 | isolation. Religious institution cemeteries may limit burials | ||||||
7 | to members of the religious institution and their families. | ||||||
8 | Where the cemetery is a privately operated cemetery, as defined | ||||||
9 | in
Section 2 of the Cemetery Care Act, enacted by the | ||||||
10 | Sixty-fifth General
Assembly or where the interment, | ||||||
11 | entombment rights in a community mausoleum or lawn crypt | ||||||
12 | section, or inurnment rights in a community columbarium, vault | ||||||
13 | or vaults, tomb or tombs, or
other such structures in the | ||||||
14 | cemetery or graveyard are in a privately
operated cemetery, as | ||||||
15 | defined in Section 2 of that Act, then such board of
directors | ||||||
16 | or managing officers of such cemetery, society or cemetery
| ||||||
17 | authority, or the trustees of any public graveyard or the | ||||||
18 | cemetery
society or cemetery association, shall also comply | ||||||
19 | with the provisions of
the Cemetery Care Act, enacted by the | ||||||
20 | Sixty-fifth General Assembly.
| ||||||
21 | (Source: P.A. 94-44, eff. 6-17-05.)
| ||||||
22 | Section 90-57. The Consumer Fraud and Deceptive Business | ||||||
23 | Practices Act is amended by changing Section 2Z as follows:
| ||||||
24 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
|
| |||||||
| |||||||
1 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
2 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
3 | Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||||||
4 | Studio Act,
the Physical Fitness Services Act,
the Hearing | ||||||
5 | Instrument Consumer Protection Act,
the Illinois Union Label | ||||||
6 | Act,
the Job Referral and Job Listing Services Consumer | ||||||
7 | Protection Act,
the Travel Promotion Consumer Protection Act,
| ||||||
8 | the Credit Services Organizations Act,
the Automatic Telephone | ||||||
9 | Dialers Act,
the Pay-Per-Call Services Consumer Protection | ||||||
10 | Act,
the Telephone Solicitations Act,
the Illinois Funeral or | ||||||
11 | Burial Funds Act, the Cemetery Oversight Act,
the Cemetery Care | ||||||
12 | Act,
the Safe and Hygienic Bed Act,
the Pre-Need Cemetery Sales | ||||||
13 | Act,
the High Risk Home Loan Act, the Payday Loan Reform Act, | ||||||
14 | the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section | ||||||
15 | 3-10 of the
Cigarette Tax Act, the Payday Loan Reform Act, | ||||||
16 | subsection
(a) or (b) of Section 3-10 of the Cigarette Use Tax | ||||||
17 | Act, the Electronic
Mail Act, the Internet Caller | ||||||
18 | Identification Act, paragraph (6)
of
subsection (k) of Section | ||||||
19 | 6-305 of the Illinois Vehicle Code, Section 18d-115, 18d-120, | ||||||
20 | 18d-125, 18d-135, or 18d-150 of the Illinois Vehicle Code, | ||||||
21 | Article 3 of the Residential Real Property Disclosure Act, the | ||||||
22 | Automatic Contract Renewal Act, or the Personal Information | ||||||
23 | Protection Act commits an unlawful practice within the meaning | ||||||
24 | of this Act.
| ||||||
25 | (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, | ||||||
26 | eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, |
| |||||||
| |||||||
1 | eff. 1-1-08; 95-562, eff. 7-1-08; 95-876, eff. 8-21-08; revised | ||||||
2 | 11-4-09.) | ||||||
3 | Section 90-60. The Burial Rights Act is amended by changing | ||||||
4 | Sections 1 and 2.3 as follows:
| ||||||
5 | (820 ILCS 135/1) (from Ch. 21, par. 101)
| ||||||
6 | Sec. 1.
(a) Every contract, agreement or understanding | ||||||
7 | between a cemetery
authority and a cemetery workers' | ||||||
8 | association which totally prohibits burials
of human remains on | ||||||
9 | Sundays or legal holidays shall be deemed to be void
as against | ||||||
10 | public policy and wholly unenforceable.
| ||||||
11 | (b) Nothing in this Section shall prohibit a cemetery | ||||||
12 | authority and a
cemetery workers' association from entering | ||||||
13 | into a contract, agreement or
understanding which limits Sunday | ||||||
14 | or holiday burials of human remains to
decedents who were | ||||||
15 | members of religious sects whose tenets or beliefs require
| ||||||
16 | burials within a specified period of time and whose deaths | ||||||
17 | occurred at such
times as to necessitate Sunday or holiday | ||||||
18 | burials. Such contract, agreement
or understanding may provide | ||||||
19 | that a funeral director notify the cemetery
authority within a | ||||||
20 | reasonable time when a Sunday or holiday burial is necessitated
| ||||||
21 | by reason of the decedent's religious tenets or beliefs.
| ||||||
22 | (c) It shall be unlawful for any person to restrain, | ||||||
23 | prohibit or interfere
with the burial of a decedent whose time | ||||||
24 | of death and religious tenets or
beliefs necessitate burial on |
| |||||||
| |||||||
1 | a Sunday or legal holiday.
| ||||||
2 | (d) A violation of this Section is a Class A misdemeanor.
| ||||||
3 | (e) For the purposes of this Act, "cemetery authority" | ||||||
4 | shall have the meaning
ascribed to it in Section 2 of the | ||||||
5 | Cemetery Care Act or the Cemetery Oversight Act, whichever is | ||||||
6 | applicable ; and "cemetery workers'
association" means an | ||||||
7 | organization of workers who are employed by cemetery
| ||||||
8 | authorities to perform the task of burying human remains or | ||||||
9 | transporting
remains to cemeteries or other places of | ||||||
10 | interment, and who join together
for collective bargaining | ||||||
11 | purposes or to negotiate terms and conditions of employment.
| ||||||
12 | (Source: P.A. 83-384.)
| ||||||
13 | (820 ILCS 135/2.3)
| ||||||
14 | Sec. 2.3. Sections of cemeteries. No provision of any law | ||||||
15 | of this State
may
be construed to prohibit a cemetery authority | ||||||
16 | from reserving, in a cemetery not
owned by a religious | ||||||
17 | organization or
institution, a section of interment rights, | ||||||
18 | entombment rights, or
inurnment rights for sale exclusively to | ||||||
19 | persons of a particular religion,
unless membership in the | ||||||
20 | religion is restricted on account of race, color, or
national | ||||||
21 | origin. As used in this Section, "interment rights", | ||||||
22 | "entombment
rights", and "inurnment rights" have the meanings | ||||||
23 | ascribed to those terms in
the Cemetery Care Act or the | ||||||
24 | Cemetery Oversight Act, whichever is applicable .
| ||||||
25 | (Source: P.A. 88-659.)
|
| |||||||
| |||||||
1 | (760 ILCS 100/Act rep.) | ||||||
2 | Section 90-90. The Cemetery Care Act is repealed. | ||||||
3 | (805 ILCS 320/16 rep.) | ||||||
4 | (805 ILCS 320/16.5 rep.) | ||||||
5 | (805 ILCS 320/17 rep.) | ||||||
6 | (805 ILCS 320/18 rep.) | ||||||
7 | (805 ILCS 320/19 rep.) | ||||||
8 | (805 ILCS 320/20 rep.) | ||||||
9 | Section 90-92. The Cemetery Association Act is amended by | ||||||
10 | repealing Sections 16, 16.5, 17, 18, 19, and 20. | ||||||
11 | (805 ILCS 320/Act rep.) | ||||||
12 | Section 90-95. The Cemetery Association Act is repealed. | ||||||
13 | Article 91. | ||||||
14 | Additional Amendatory Provisions | ||||||
15 | Section 91-5. The Funeral Directors and Embalmers | ||||||
16 | Licensing Code is amended by changing Sections 1-10, 12-11, | ||||||
17 | 15-50, 15-60, and 15-75 and adding Article 12 and Section 15-76 | ||||||
18 | as follows: | ||||||
19 | (225 ILCS 41/1-10) | ||||||
20 | (Section scheduled to be repealed on January 1, 2013) |
| |||||||
| |||||||
1 | Sec. 1-10. Definitions. As used in this Code: | ||||||
2 | "Applicant" means any person making application for a | ||||||
3 | license or
certificate of registration. | ||||||
4 | "Board" means the Funeral Directors and Embalmers | ||||||
5 | Licensing and
disciplinary Board. | ||||||
6 | "Customer service employee" means a funeral establishment, | ||||||
7 | funeral chapel, funeral home, or mortuary employee who has | ||||||
8 | direct contact with consumers and explains funeral or burial | ||||||
9 | merchandise or services or negotiates, develops, or finalizes | ||||||
10 | contracts with consumers. This definition includes, without | ||||||
11 | limitation, an individual that is an independent contractor or | ||||||
12 | an individual employed or contracted by an independent | ||||||
13 | contractor who has direct contact with consumers and explains | ||||||
14 | funeral or burial merchandise or services or negotiates, | ||||||
15 | develops, or finalizes contracts with consumers. This | ||||||
16 | definition does not include a funeral establishment, funeral | ||||||
17 | chapel, funeral home, or mortuary employee, an individual who | ||||||
18 | is an independent contractor, or an individual employed or | ||||||
19 | contracted by an independent contractor who merely provides a | ||||||
20 | printed price list to a consumer, processes payment from a | ||||||
21 | consumer, or performs sales functions related solely to | ||||||
22 | incidental merchandise like flowers, keepsakes, memorial | ||||||
23 | tributes, or other similar items. | ||||||
24 | "Department" means the Department of Professional | ||||||
25 | Regulation. | ||||||
26 | "Director" means the Director of Professional Regulation. |
| |||||||
| |||||||
1 | "Funeral director and embalmer" means a person who is
| ||||||
2 | licensed and qualified to practice funeral directing and to | ||||||
3 | prepare,
disinfect and preserve dead human bodies by the | ||||||
4 | injection or external
application of antiseptics, | ||||||
5 | disinfectants or preservative fluids and
materials and to use | ||||||
6 | derma surgery or plastic art for the restoring of
mutilated | ||||||
7 | features. It further means a person who restores the remains of
| ||||||
8 | a person for the purpose of funeralization whose organs or bone | ||||||
9 | or tissue
has been donated for anatomical purposes. | ||||||
10 | "Funeral director and embalmer intern" means a person
| ||||||
11 | licensed by the State
who is qualified to render assistance to | ||||||
12 | a funeral director and embalmer in
carrying out the practice of | ||||||
13 | funeral directing and embalming under the
supervision of the | ||||||
14 | funeral director and embalmer. | ||||||
15 | "Embalming" means the process of sanitizing and chemically | ||||||
16 | treating
a deceased human body in order to reduce the presence | ||||||
17 | and growth of
microorganisms, to retard organic decomposition, | ||||||
18 | to render the remains safe
to handle while retaining | ||||||
19 | naturalness of tissue, and to restore an
acceptable physical | ||||||
20 | appearance for funeral viewing purposes. | ||||||
21 | "Funeral director" means a person, known by the title of | ||||||
22 | "funeral
director" or other similar words or titles, licensed | ||||||
23 | by the State who
practices funeral directing. | ||||||
24 | "Funeral establishment", "funeral chapel", "funeral home", | ||||||
25 | or
"mortuary" means a building or separate portion of a | ||||||
26 | building having a
specific street address or location and |
| |||||||
| |||||||
1 | devoted to activities relating to
the shelter, care, custody | ||||||
2 | and preparation of a deceased human body and
which may contain | ||||||
3 | facilities for funeral or wake services. | ||||||
4 | "Owner" means the individual, partnership, corporation, | ||||||
5 | association,
trust, estate, or agent thereof, or other person | ||||||
6 | or combination of
persons who owns a funeral establishment or | ||||||
7 | funeral business. | ||||||
8 | "Person" means any individual, partnership, association, | ||||||
9 | firm,
corporation, trust or estate, or other entity. | ||||||
10 | (Source: P.A. 93-268, eff. 1-1-04.) | ||||||
11 | (225 ILCS 41/Art. 12 heading new) | ||||||
12 | ARTICLE 12. CUSTOMER SERVICE EMPLOYEES | ||||||
13 | (225 ILCS 41/12-5 new) | ||||||
14 | (Section scheduled to be repealed on January 1, 2013) | ||||||
15 | Sec. 12-5. License requirement. Customer service employees | ||||||
16 | employed by a funeral establishment, funeral chapel, funeral | ||||||
17 | home, or mortuary must apply for licensure as a customer | ||||||
18 | service employee on forms prescribed by the Department and pay | ||||||
19 | the fee established by rule. Funeral directors and embalmers | ||||||
20 | already licensed under this Act need not obtain a separate | ||||||
21 | license as a customer service employee. It is unlawful for any | ||||||
22 | person to act as a customer service employee without a customer | ||||||
23 | service employee license issued by the Department unless | ||||||
24 | otherwise exempted under this Section. |
| |||||||
| |||||||
1 | A person acting as a customer service employee who, prior | ||||||
2 | to the effective date of this amendatory Act of the 96th | ||||||
3 | General Assembly, was not required to obtain licensure need not | ||||||
4 | comply with the licensure requirement in this Article until the | ||||||
5 | Department takes action on the person's application for a | ||||||
6 | license. The application for a customer service employee | ||||||
7 | license must be submitted to the Department within 4 months | ||||||
8 | after the Department adopts rules regarding licensure under | ||||||
9 | this amendatory Act of the 96th General Assembly. If the person | ||||||
10 | fails to submit the application within this time period, then | ||||||
11 | the person shall be considered to be engaged in unlicensed | ||||||
12 | practice and shall be subject to discipline under this Act. | ||||||
13 | (225 ILCS 41/12-10 new) | ||||||
14 | (Section scheduled to be repealed on January 1, 2013) | ||||||
15 | Sec. 12-10. Qualifications for licensure. | ||||||
16 | (a) A person is qualified for licensure as a customer | ||||||
17 | service employee if he or she meets all of the following | ||||||
18 | requirements: | ||||||
19 | (1) Is at least 18 years of age. | ||||||
20 | (2) Is of good moral character, including compliance | ||||||
21 | with the Code of Professional Conduct and Ethics as | ||||||
22 | provided for by rule. Good moral character is a continuing | ||||||
23 | requirement of licensure. In determining good moral | ||||||
24 | character, the Department may take into consideration | ||||||
25 | conviction of any crime under the laws of any jurisdiction. |
| |||||||
| |||||||
1 | (3) Submits proof of successful completion of a high | ||||||
2 | school education or its equivalent as established by rule. | ||||||
3 | (4) Submits his or her fingerprints in accordance with | ||||||
4 | subsection (b) of this Section. | ||||||
5 | (5) Has not committed a violation of this Act or any | ||||||
6 | rules adopted under this Act that, in the opinion of the | ||||||
7 | Department, renders the applicant unqualified to be a | ||||||
8 | customer service employee. | ||||||
9 | (6) Successfully passes the examination authorized by | ||||||
10 | the Department for customer service employees. | ||||||
11 | (7) Has complied with all other requirements of this | ||||||
12 | Act and rules established for the implementation of this | ||||||
13 | Act. | ||||||
14 | (8) Can be reasonably expected to treat consumers | ||||||
15 | professionally, fairly, and ethically. | ||||||
16 | (b) Each applicant for a customer service employee license | ||||||
17 | shall have his or her fingerprints submitted to the Department | ||||||
18 | of State Police in an electronic format that complies with the | ||||||
19 | form and manner for requesting and furnishing criminal history | ||||||
20 | record information that is prescribed by the Department of | ||||||
21 | State Police. These
fingerprints shall be checked against the | ||||||
22 | Department of State
Police and Federal Bureau of Investigation | ||||||
23 | criminal history
record databases. The Department of State | ||||||
24 | Police shall charge
applicants a fee for conducting the | ||||||
25 | criminal history records
check, which shall be deposited in the | ||||||
26 | State Police Services
Fund and shall not exceed the actual cost |
| |||||||
| |||||||
1 | of the records check.
The Department of State Police shall | ||||||
2 | furnish, pursuant to
positive identification, records of | ||||||
3 | Illinois convictions to
the Department. The Department may | ||||||
4 | require applicants to pay a
separate fingerprinting fee, either | ||||||
5 | to the Department or
directly to a designated fingerprint | ||||||
6 | vendor. The Department, in
its discretion, may allow an | ||||||
7 | applicant who does not have
reasonable access to a designated | ||||||
8 | fingerprint vendor to provide
his or her fingerprints in an | ||||||
9 | alternative manner. The
Department, in its discretion, may also | ||||||
10 | use other procedures in
performing or obtaining criminal | ||||||
11 | background checks of
applicants. Instead of submitting his or | ||||||
12 | her fingerprints, an
individual may submit proof that is | ||||||
13 | satisfactory to the
Department that an equivalent security | ||||||
14 | clearance has been
conducted. | ||||||
15 | (225 ILCS 41/12-11 new) | ||||||
16 | (Section scheduled to be repealed on January 1, 2013) | ||||||
17 | Sec. 12-11. Code of Professional Conduct and Ethics. The | ||||||
18 | Department shall implement a Code of Professional Conduct and | ||||||
19 | Ethics. Customer service employees shall abide by the Code of | ||||||
20 | Professional Conduct and Ethics. | ||||||
21 | (225 ILCS 41/12-15 new) | ||||||
22 | (Section scheduled to be repealed on January 1, 2013) | ||||||
23 | Sec. 12-15. Examination; failure or refusal to take the | ||||||
24 | examination. |
| |||||||
| |||||||
1 | (a) The Department shall authorize examinations of | ||||||
2 | customer service employee applicants at such times and places | ||||||
3 | as it may determine. The examinations shall fairly test an | ||||||
4 | applicant's qualifications to practice as customer service | ||||||
5 | employee and knowledge of the theory and practice of funeral | ||||||
6 | home customer service. The examination shall further test the | ||||||
7 | extent to which the applicant understands and appreciates that | ||||||
8 | the final disposal of a deceased human body should be attended | ||||||
9 | with appropriate observance and understanding, having due | ||||||
10 | regard and respect for the reverent care of the human body and | ||||||
11 | for those bereaved and for the overall spiritual dignity of an | ||||||
12 | individual. | ||||||
13 | (b) Applicants for examinations shall pay, either to the | ||||||
14 | Department or to the designated testing service, a fee covering | ||||||
15 | the cost of providing the examination. Failure to appear for | ||||||
16 | the examination on the scheduled date at the time and place | ||||||
17 | specified after the application for examination has been | ||||||
18 | received and acknowledged by the Department or the designated | ||||||
19 | testing service shall result in forfeiture of the examination | ||||||
20 | fee. | ||||||
21 | (c) If the applicant neglects, fails, or refuses to take an | ||||||
22 | examination or fails to pass an examination for a license under | ||||||
23 | this Act within one year after filing an application, then the | ||||||
24 | application shall be denied. However, the applicant may | ||||||
25 | thereafter submit a new application accompanied by the required | ||||||
26 | fee. The applicant shall meet the requirements in force at the |
| |||||||
| |||||||
1 | time of making the new application. | ||||||
2 | (d) The Department may employ consultants for the purpose | ||||||
3 | of preparing and conducting examinations. | ||||||
4 | (e) The Department shall have the authority to adopt or | ||||||
5 | recognize, in part or in whole, examinations prepared, | ||||||
6 | administered, or graded by other organizations in the cemetery | ||||||
7 | industry that are determined appropriate to measure the | ||||||
8 | qualifications of an applicant for licensure. | ||||||
9 | (225 ILCS 41/12-20 new) | ||||||
10 | (Section scheduled to be repealed on January 1, 2013) | ||||||
11 | Sec. 12-20. Continuing education. The Department shall | ||||||
12 | adopt rules of continuing education for customer service | ||||||
13 | employees. The requirements of this Section apply to any person | ||||||
14 | seeking renewal or restoration under this Code. | ||||||
15 | (225 ILCS 41/15-50) | ||||||
16 | (Section scheduled to be repealed on January 1, 2013) | ||||||
17 | Sec. 15-50. Practice by corporation, partnership, or | ||||||
18 | association. No
corporation, partnership or association of | ||||||
19 | individuals, as such, shall be
issued a license as a licensed | ||||||
20 | funeral director and embalmer or licensed
funeral director, nor | ||||||
21 | shall any corporation, partnership, firm or association
of | ||||||
22 | individuals, or any individual connected therewith, publicly | ||||||
23 | advertise any
corporation, partnership or association of | ||||||
24 | individuals as being licensed
funeral directors and embalmers |
| |||||||
| |||||||
1 | or licensed funeral directors. Nevertheless,
nothing in this | ||||||
2 | Act shall restrict funeral director licensees or funeral | ||||||
3 | director and embalmer licensees from forming professional | ||||||
4 | service
corporations under the Professional Service | ||||||
5 | Corporation Act or from having
these corporations registered | ||||||
6 | for the practice of funeral directing. | ||||||
7 | No funeral director licensee or funeral director and | ||||||
8 | embalmer licensee , and no partnership or association of those | ||||||
9 | licensees, formed
since July 1, 1935, shall engage in the | ||||||
10 | practice of funeral directing
and embalming or funeral | ||||||
11 | directing under a trade name or
partnership or firm name unless | ||||||
12 | in the use and advertising of the trade
name, partnership or | ||||||
13 | firm name there is published in connection with the
advertising | ||||||
14 | the name of the owner or owners as the owner or owners. | ||||||
15 | (Source: P.A. 87-966 .) | ||||||
16 | (225 ILCS 41/15-60) | ||||||
17 | (Section scheduled to be repealed on January 1, 2013) | ||||||
18 | Sec. 15-60. Determination of life. Every funeral director | ||||||
19 | licensee or funeral director and embalmer licensee under this | ||||||
20 | Code before
proceeding to prepare or embalm a human body to | ||||||
21 | cremate or bury shall determine
that life is extinct by | ||||||
22 | ascertaining that: | ||||||
23 | (a) pulsation has entirely ceased in the radial or other | ||||||
24 | arteries; and | ||||||
25 | (b) heart or respiratory sounds are not audible with the |
| |||||||
| |||||||
1 | use of a
stethoscope or with the ear applied directly over the | ||||||
2 | heart. | ||||||
3 | (Source: P.A. 87-966 .) | ||||||
4 | (225 ILCS 41/15-75) | ||||||
5 | (Section scheduled to be repealed on January 1, 2013) | ||||||
6 | Sec. 15-75. Violations; grounds for discipline; penalties. | ||||||
7 | (a) Each of the following acts is a Class A misdemeanor
for | ||||||
8 | the first offense, and a Class 4 felony for each subsequent | ||||||
9 | offense.
These penalties shall also apply to unlicensed owners | ||||||
10 | of funeral homes. | ||||||
11 | (1) Practicing the profession of funeral directing and | ||||||
12 | embalming or
funeral directing, or attempting to practice | ||||||
13 | the profession of funeral
directing and embalming or | ||||||
14 | funeral directing without a license as a licensed
funeral | ||||||
15 | director and embalmer or funeral director or acting as a | ||||||
16 | customer service employee without a license as a customer | ||||||
17 | service employee issued by the Department . | ||||||
18 | (2) Serving as an intern under a licensed funeral
| ||||||
19 | director
and embalmer or
attempting to serve as an intern | ||||||
20 | under a licensed funeral
director and embalmer
without a | ||||||
21 | license as a licensed funeral director and embalmer intern. | ||||||
22 | (3) Obtaining or attempting to obtain a license, | ||||||
23 | practice or business,
or any other thing of value, by fraud | ||||||
24 | or misrepresentation. | ||||||
25 | (4) Permitting any person in one's employ, under one's |
| |||||||
| |||||||
1 | control or in or
under one's service to serve as a funeral | ||||||
2 | director and embalmer, funeral
director, or funeral | ||||||
3 | director and embalmer intern when the
person does not have | ||||||
4 | the appropriate license. | ||||||
5 | (5) Failing to display a license as required by this | ||||||
6 | Code. | ||||||
7 | (6) Giving false information or making a false oath or | ||||||
8 | affidavit
required by this Code. | ||||||
9 | (b) Each of the following acts or actions is a violation of | ||||||
10 | this Code for
which the Department may refuse to issue or | ||||||
11 | renew, or may suspend or revoke
any license or may take any | ||||||
12 | disciplinary action as the Department may deem
proper including | ||||||
13 | fines not to exceed $1,000 for each violation. | ||||||
14 | (1) Obtaining or attempting to obtain a license by | ||||||
15 | fraud or
misrepresentation. | ||||||
16 | (2) Conviction in this State or another state of any | ||||||
17 | crime that is a
felony or misdemeanor under the laws of | ||||||
18 | this State or conviction of a
felony or misdemeanor in a | ||||||
19 | federal
court. | ||||||
20 | (3) Violation of the laws of this State relating to the | ||||||
21 | funeral, burial
or disposal of deceased human bodies or of | ||||||
22 | the rules and regulations of the
Department, or the | ||||||
23 | Department of Public Health. | ||||||
24 | (4) Directly or indirectly paying or causing to be paid | ||||||
25 | any sum of money
or other valuable consideration for the | ||||||
26 | securing of business or for
obtaining authority to dispose |
| |||||||
| |||||||
1 | of any deceased human body. | ||||||
2 | (5) Incompetence or untrustworthiness in the practice | ||||||
3 | of funeral
directing and embalming or funeral directing. | ||||||
4 | (6) False or misleading advertising as a funeral | ||||||
5 | director and embalmer
or funeral director, or advertising | ||||||
6 | or using the name of a person other than
the holder of a | ||||||
7 | license in connection with any service being rendered in | ||||||
8 | the
practice of funeral directing and embalming or funeral | ||||||
9 | directing. Nothing in
this paragraph shall prevent | ||||||
10 | including the name of any owner, officer or
corporate | ||||||
11 | director of a funeral business who is not a licensee in
any | ||||||
12 | advertisement
used by a funeral home with which the | ||||||
13 | individual is affiliated if the
advertisement specifies | ||||||
14 | the individual's affiliation with the funeral home. | ||||||
15 | (7) Engaging in, promoting, selling, or issuing burial | ||||||
16 | contracts, burial
certificates, or burial insurance | ||||||
17 | policies in connection with the
profession as a funeral | ||||||
18 | director and embalmer, funeral director, or funeral
| ||||||
19 | director and embalmer intern in violation of any laws of | ||||||
20 | the
State
of Illinois. | ||||||
21 | (8) Refusing, without cause, to surrender the custody | ||||||
22 | of a deceased
human body upon the proper request of the | ||||||
23 | person or persons lawfully
entitled to the custody of the | ||||||
24 | body. | ||||||
25 | (9) Taking undue advantage of a client or clients as to | ||||||
26 | amount to the
perpetration of fraud. |
| |||||||
| |||||||
1 | (10) Engaging in funeral directing and embalming or | ||||||
2 | funeral
directing without a license. | ||||||
3 | (11) Encouraging, requesting, or suggesting by a | ||||||
4 | licensee or some person
working on his behalf and with his | ||||||
5 | consent for compensation that a person
utilize the services | ||||||
6 | of a certain funeral director and embalmer, funeral
| ||||||
7 | director, or funeral establishment unless that information | ||||||
8 | has
been expressly requested by the person. This does not | ||||||
9 | prohibit general
advertising or pre-need solicitation. | ||||||
10 | (12) Making or causing to be made any false or | ||||||
11 | misleading statements
about the laws concerning the | ||||||
12 | disposal of human remains, including, but not
limited to, | ||||||
13 | the need to embalm, the need for a casket for cremation or | ||||||
14 | the
need for an outer burial container. | ||||||
15 | (13) Continued practice by a person having an | ||||||
16 | infectious or contagious disease. | ||||||
17 | (14) Embalming or attempting to embalm a deceased human | ||||||
18 | body without
express prior authorization of the person | ||||||
19 | responsible for making the
funeral arrangements for the | ||||||
20 | body. This does not apply to cases where
embalming is | ||||||
21 | directed by local authorities who have jurisdiction or when
| ||||||
22 | embalming is required by State or local law. | ||||||
23 | (15) Making a false statement on a Certificate of Death | ||||||
24 | where the
person making the statement knew or should have | ||||||
25 | known that the statement
was false. | ||||||
26 | (16) Soliciting human bodies after death or while death |
| |||||||
| |||||||
1 | is imminent. | ||||||
2 | (17) Performing any act or practice that is a violation
| ||||||
3 | of this Code, the rules for the administration of this | ||||||
4 | Code, or any
federal,
State or local laws, rules, or | ||||||
5 | regulations
governing the practice of funeral directing or | ||||||
6 | embalming. | ||||||
7 | (18) Performing any act or practice that is a violation | ||||||
8 | of Section 2 of
the Consumer Fraud and Deceptive Business | ||||||
9 | Practices Act. | ||||||
10 | (19) Engaging in unethical or unprofessional conduct | ||||||
11 | of a character
likely to deceive, defraud or harm the | ||||||
12 | public. | ||||||
13 | (20) Taking possession of a dead human body without | ||||||
14 | having first
obtained express permission from next of kin | ||||||
15 | or a public agency legally
authorized to direct, control or | ||||||
16 | permit the removal of deceased human bodies. | ||||||
17 | (21) Advertising in a false or misleading manner or | ||||||
18 | advertising using
the name of an unlicensed person in | ||||||
19 | connection with any service being
rendered in the practice | ||||||
20 | of funeral directing or funeral directing and
embalming. | ||||||
21 | The use of any name of an unlicensed or unregistered person | ||||||
22 | in
an advertisement so as to imply that the person will | ||||||
23 | perform services is
considered misleading advertising. | ||||||
24 | Nothing in this paragraph shall prevent
including the name | ||||||
25 | of any owner, officer or corporate director of a funeral
| ||||||
26 | home, who is not a licensee, in any advertisement used by a |
| |||||||
| |||||||
1 | funeral home
with which the individual is affiliated, if | ||||||
2 | the advertisement specifies
the individual's affiliation | ||||||
3 | with the funeral home. | ||||||
4 | (22) Directly or indirectly receiving compensation for | ||||||
5 | any professional
services not actually performed. | ||||||
6 | (23) Failing to account for or remit any monies, | ||||||
7 | documents, or personal
property that belongs to others that | ||||||
8 | comes into a licensee's possession. | ||||||
9 | (24) Treating any person differently to his detriment | ||||||
10 | because of
race, color, creed, gender, religion, or | ||||||
11 | national origin. | ||||||
12 | (25) Knowingly making any false statements, oral or | ||||||
13 | otherwise, of a
character likely to influence, persuade or | ||||||
14 | induce others in the course of
performing professional | ||||||
15 | services or activities. | ||||||
16 | (26) Knowingly making or filing false records or | ||||||
17 | reports in the practice
of funeral directing and embalming. | ||||||
18 | (27) Failing to acquire continuing education required | ||||||
19 | under this Code. | ||||||
20 | (28) Failing to comply with any of the following | ||||||
21 | required activities: | ||||||
22 | (A) When reasonably possible, a funeral director | ||||||
23 | licensee or funeral director and embalmer licensee or | ||||||
24 | anyone acting on his or
her behalf shall obtain the | ||||||
25 | express authorization of the person or persons
| ||||||
26 | responsible for making the funeral arrangements for a |
| |||||||
| |||||||
1 | deceased human body
prior to removing a body from the | ||||||
2 | place of death or any place it may be or
embalming or | ||||||
3 | attempting to embalm a deceased human body, unless | ||||||
4 | required by
State or local law. This requirement is | ||||||
5 | waived whenever removal or
embalming is directed by | ||||||
6 | local authorities who have jurisdiction.
If the | ||||||
7 | responsibility for the handling of the remains | ||||||
8 | lawfully falls under
the jurisdiction of a public | ||||||
9 | agency, then the regulations of the public
agency shall | ||||||
10 | prevail. | ||||||
11 | (B) A licensee shall clearly mark the price of any | ||||||
12 | casket offered for
sale or the price of any service | ||||||
13 | using the casket on or in the casket if
the casket is | ||||||
14 | displayed at the funeral establishment. If the casket | ||||||
15 | is
displayed at any other location, regardless of | ||||||
16 | whether the licensee is in
control of that location, | ||||||
17 | the casket shall be clearly marked and the
registrant | ||||||
18 | shall use books, catalogues, brochures, or other | ||||||
19 | printed display
aids to show the price of each casket | ||||||
20 | or service. | ||||||
21 | (C) At the time funeral arrangements are made and | ||||||
22 | prior to rendering the
funeral services, a licensee | ||||||
23 | shall furnish a written statement to be
retained by the | ||||||
24 | person or persons making the funeral arrangements, | ||||||
25 | signed
by both parties, that shall contain: (i) the | ||||||
26 | name, address and telephone number
of the funeral |
| |||||||
| |||||||
1 | establishment and the date on which the arrangements | ||||||
2 | were made;
(ii) the price of the service selected and | ||||||
3 | the services and merchandise
included for that price; | ||||||
4 | (iii) a clear disclosure that the person or persons
| ||||||
5 | making the arrangement may decline and receive credit | ||||||
6 | for any service or
merchandise not desired and not | ||||||
7 | required by law or the funeral director or the
funeral | ||||||
8 | director and embalmer; (iv) the supplemental items of | ||||||
9 | service and
merchandise requested and the price of each | ||||||
10 | item; (v) the terms or method of
payment agreed upon; | ||||||
11 | and (vi) a statement as to any monetary advances made | ||||||
12 | by
the registrant on behalf of the family. | ||||||
13 | (29) A finding by the Department that the license, | ||||||
14 | after having his or
her license placed on probationary | ||||||
15 | status or subjected to conditions or
restrictions, | ||||||
16 | violated the terms of the probation or failed to comply | ||||||
17 | with such
terms or conditions. | ||||||
18 | (30) Violation of any final administrative action of | ||||||
19 | the Director. | ||||||
20 | (31) Being named as a perpetrator in an indicated | ||||||
21 | report by the Department
of Children and Family Services | ||||||
22 | pursuant to the Abused and Neglected Child
Reporting Act | ||||||
23 | and, upon proof by clear and convincing evidence,
being | ||||||
24 | found to have caused a child to be an abused child or | ||||||
25 | neglected child as
defined
in the Abused and Neglected | ||||||
26 | Child Reporting Act. |
| |||||||
| |||||||
1 | (c) The Department may refuse to issue or renew, or may | ||||||
2 | suspend, the license
of any person who fails to file a return, | ||||||
3 | to pay the tax, penalty or interest
shown in a filed return, or | ||||||
4 | to pay any final assessment of tax, penalty or
interest as | ||||||
5 | required by any tax Act administered by the Illinois Department | ||||||
6 | of
Revenue, until the time as the requirements of the tax Act | ||||||
7 | are satisfied. | ||||||
8 | (Source: P.A. 93-268, eff. 1-1-04.) | ||||||
9 | (225 ILCS 41/15-76 new) | ||||||
10 | (Section scheduled to be repealed on January 1, 2013) | ||||||
11 | Sec. 15-76. Vehicle traffic control. A funeral director | ||||||
12 | licensee or funeral director and embalmer licensee planning a | ||||||
13 | interment, inurnment, or entombment at a cemetery shall use its | ||||||
14 | reasonable best efforts to ensure that funeral processions | ||||||
15 | entering and exiting the cemetery grounds do not obstruct | ||||||
16 | traffic on any street for a period in excess of 10 minutes, | ||||||
17 | except where such funeral procession is continuously moving or | ||||||
18 | cannot be moved by reason of circumstances over which the | ||||||
19 | cemetery authority has no reasonable control. The funeral | ||||||
20 | director licensee or funeral director and embalmer licensee | ||||||
21 | arranging funeral processions to the cemetery shall use its | ||||||
22 | reasonable best efforts to help prevent multiple funeral | ||||||
23 | processions from arriving at the cemetery simultaneously. | ||||||
24 | Notwithstanding any provision of this Act to the contrary, any | ||||||
25 | funeral director licensee or funeral director and embalmer |
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1 | licensee who violates the provisions of this Section shall be | ||||||
2 | guilty of a business offense and punishable by a fine of not | ||||||
3 | more than $500 for each offense. | ||||||
4 | Article 900. | ||||||
5 | Severability | ||||||
6 | Section 900-5. Severability. This Act is declared to be | ||||||
7 | severable, and should any word, phrase, sentence, provision or | ||||||
8 | Section hereof be hereafter declared unconstitutional or | ||||||
9 | otherwise invalid, the remainder of this Act shall not thereby | ||||||
10 | be affected, but shall remain valid and in full force and | ||||||
11 | effect for all intents and purposes. | ||||||
12 | Article 999. | ||||||
13 | Effective date | ||||||
14 | Section 999-5. Effective date. This Act takes effect March | ||||||
15 | 1, 2010, except that Sections 90-25, 90-90, and 90-95 take | ||||||
16 | effect March 1, 2012 and Sections 90-33, 90-57, 90-92, and | ||||||
17 | 999-5 take effect upon becoming law.".
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