Rep. Monique D. Davis
Filed: 5/5/2010
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1 | AMENDMENT TO SENATE BILL 1402
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2 | AMENDMENT NO. ______. Amend Senate Bill 1402, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Cemetery Oversight Act is amended by | ||||||
6 | changing Sections 5-20, 15-5, 15-15, and 75-55 and by adding | ||||||
7 | Sections 15-20 and 15-30 as follows: | ||||||
8 | (225 ILCS 411/5-20) | ||||||
9 | (Section scheduled to be repealed on January 1, 2021) | ||||||
10 | Sec. 5-20. Exemptions.
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11 | (a) Notwithstanding any provision of law to the contrary, | ||||||
12 | this Act does not apply to (1) any cemetery authority operating | ||||||
13 | as a family burying ground, (2) any cemetery authority that has | ||||||
14 | not engaged in an interment, inurnment, or entombment of human | ||||||
15 | remains within the last 10 years and does not accept or | ||||||
16 | maintain care funds, or (3) any cemetery authority that is less |
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1 | than 2 acres and does not accept or maintain care funds. For | ||||||
2 | purposes of determining the applicability of this subsection, | ||||||
3 | the number of interments, inurnments, and entombments shall be | ||||||
4 | aggregated for each calendar year. A cemetery authority | ||||||
5 | claiming a full exemption shall apply for exempt status as | ||||||
6 | provided for in Section 10-20 Article 10 of this Act. A | ||||||
7 | cemetery authority that performs activities that would | ||||||
8 | disqualify it from a full exemption is required to apply for | ||||||
9 | licensure within one year following the date on which its | ||||||
10 | activities would disqualify it for a full exemption. A cemetery | ||||||
11 | authority that previously qualified for and maintained a full | ||||||
12 | exemption that fails to timely apply for licensure shall be | ||||||
13 | deemed to have engaged in unlicensed practice and shall be | ||||||
14 | subject to discipline in accordance with Article 25 of this | ||||||
15 | Act. | ||||||
16 | (b) A Notwithstanding any provision of law to the contrary, | ||||||
17 | a cemetery authority that does not qualify for a full exemption | ||||||
18 | and that is operating as a cemetery authority (i) that engages | ||||||
19 | in 25 or fewer interments, inurnments, or entombments of human | ||||||
20 | remains for each of the preceding 2 calendar years and does not | ||||||
21 | accept or maintain care funds, (ii) operates that is operating | ||||||
22 | as a public cemetery, or (iii) operates that is operating as a | ||||||
23 | religious cemetery is exempt from this Act, but is required to | ||||||
24 | comply with Section 10-23, subsections (a), (b), (b-5), (c), | ||||||
25 | and (d) of Section 20-5, Sections 20-5(a), 20-5(b), 20-5(b-5), | ||||||
26 | 20-5(c), 20-5(d), 20-6, 20-8, 20-10, 20-11, 20-12, 20-30, 25-3, |
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1 | and 25-120 , and Article 35 of this Act. | ||||||
2 | A cemetery authority that (i) does not qualify for a full | ||||||
3 | exemption, (ii) operates as a public cemetery or religious | ||||||
4 | cemetery, and (iii) holds care funds shall also comply with | ||||||
5 | subsections (a), (b), (c), and (d) of Section 15-5, subsections | ||||||
6 | (c-5) and (f) of Section 15-15, and Sections 15-20, 15-25, and | ||||||
7 | 15-30 of this Act. | ||||||
8 | Cemetery authorities claiming a partial exemption shall | ||||||
9 | apply for the partial exemption as provided in Section 10-20 | ||||||
10 | Article 10 of this Act. A cemetery authority that changes to a | ||||||
11 | status that would disqualify it from a partial exemption is | ||||||
12 | required to apply for licensure within one year following the | ||||||
13 | date on which it changes its status. A cemetery authority that | ||||||
14 | maintains a partial exemption that fails to timely apply for | ||||||
15 | licensure shall be deemed to have engaged in unlicensed | ||||||
16 | practice and shall be subject to discipline in accordance with | ||||||
17 | Article 25 of this Act.
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18 | (c) Nothing in this Act applies to the City of Chicago in | ||||||
19 | its exercise of its powers under the O'Hare Modernization Act | ||||||
20 | or limits the authority of the City of Chicago to acquire | ||||||
21 | property or otherwise exercise its powers under the O'Hare | ||||||
22 | Modernization Act, or requires the City of Chicago, or any | ||||||
23 | person acting on behalf of the City of Chicago, to comply with | ||||||
24 | the licensing, regulation, investigation, or mediation | ||||||
25 | requirements of this Act in exercising its powers under the | ||||||
26 | O'Hare Modernization Act. |
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1 | (Source: P.A. 96-863, eff. 3-1-10.) | ||||||
2 | (225 ILCS 411/15-5) | ||||||
3 | (Section scheduled to be repealed on January 1, 2021) | ||||||
4 | Sec. 15-5. Gifts and contributions; trust funds. | ||||||
5 | (a) A licensed cemetery authority is hereby authorized and | ||||||
6 | empowered to accept any gift, grant, contribution, payment, | ||||||
7 | legacy, or pursuant to contract, any sum of money, funds, | ||||||
8 | securities, or property of any kind, or the income or avails | ||||||
9 | thereof, and to establish a trust fund to hold the same in | ||||||
10 | perpetuity for the care of its cemetery, or for the care of any | ||||||
11 | lot, grave, crypt, or niche in its cemetery, or for the special | ||||||
12 | care of any lot, grave, crypt, or niche or of any family | ||||||
13 | mausoleum or memorial, marker, or monument in its cemetery. | ||||||
14 | (a-5) For licensed cemetery authorities accepting care | ||||||
15 | funds, not Not less than the following amounts will be set | ||||||
16 | aside and deposited in trust: | ||||||
17 | (1) For interment rights, $1 per square foot of the | ||||||
18 | space sold or 15% of the sales price or imputed value, | ||||||
19 | whichever is the greater, with a minimum of $25 for each | ||||||
20 | individual interment right. | ||||||
21 | (2) For entombment rights, not less than 10% of the | ||||||
22 | sales price or imputed value with a minimum of $25 for each | ||||||
23 | individual entombment right. | ||||||
24 | (3) For inurnment rights, not less than 10% of the | ||||||
25 | sales price or imputed value with a minimum of $15 for each |
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1 | individual inurnment right. | ||||||
2 | (4) For any transfer of interment rights, entombment | ||||||
3 | rights, or inurnment rights recorded in the records of the | ||||||
4 | cemetery authority, a minimum of $25 for each such right | ||||||
5 | transferred. This does not apply to transfers between a | ||||||
6 | transferor and his or her spouse, parents, grandparents, | ||||||
7 | children, grandchildren, or siblings. | ||||||
8 | (5) For Upon an interment, entombment, or inurnment in | ||||||
9 | a grave, crypt, or niche in which rights of interment, | ||||||
10 | entombment, or inurnment were originally acquired from a | ||||||
11 | cemetery authority prior to January 1, 1948, a minimum of | ||||||
12 | $25 for each such right exercised. | ||||||
13 | (6) For an interment, entombment, or inurnment in a | ||||||
14 | grave, crypt, or niche in which the rights of interment, | ||||||
15 | entombment, or inurnment were originally acquired from a | ||||||
16 | cemetery authority prior to the creation of the cemetery's | ||||||
17 | care fund, a minimum of $25 for each such right exercised | ||||||
18 | on or after the date of the creation of the cemetery's care | ||||||
19 | fund. | ||||||
20 | (7) For the special care of any lot, grave, crypt, or | ||||||
21 | niche or of a family mausoleum, memorial, marker, or | ||||||
22 | monument, the full amount received.
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23 | (b) The cemetery authority shall act as trustee of all | ||||||
24 | amounts received for care unless and until they have been | ||||||
25 | deposited with a corporate fiduciary as defined in Section | ||||||
26 | 1-5.05 of the Corporate Fiduciary Act. A licensed cemetery |
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1 | authority may continue to be the trustee of care funds that | ||||||
2 | have been deposited into its trust fund up to an amount as set | ||||||
3 | by rule, but the licensed cemetery authority must retain an | ||||||
4 | independent trustee for any amount of care funds held in trust | ||||||
5 | in excess of that amount. All trust deposits shall be made | ||||||
6 | within 30 days after receipt. | ||||||
7 | (c) No gift, grant, legacy, payment, or other contribution | ||||||
8 | shall be invalid by reason of any indefiniteness or uncertainty | ||||||
9 | as to the beneficiary designated in the instrument creating the | ||||||
10 | gift, grant, legacy, payment, or other contribution. If any | ||||||
11 | gift, grant, legacy, payment, or other contribution consists of | ||||||
12 | non-income producing property, then the cemetery authority | ||||||
13 | accepting it is authorized and empowered to sell such property | ||||||
14 | and to invest the funds obtained in accordance with subsection | ||||||
15 | (d) of this Section. | ||||||
16 | (d) The care funds authorized by this Section and provided
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17 | for in this Article shall be held intact and, unless otherwise | ||||||
18 | restricted by the terms of the gift, grant, legacy, | ||||||
19 | contribution, payment, contract, or other payment, as to | ||||||
20 | investments made after June 11, 1951, the trustee of the care | ||||||
21 | funds of the cemetery authority, in acquiring, investing, | ||||||
22 | reinvesting, exchanging, retaining, selling, and managing | ||||||
23 | property for any such trust, shall act in accordance with the | ||||||
24 | duties for trustees set forth in the Illinois Trusts and | ||||||
25 | Trustees Act. Within the limitations of the foregoing standard, | ||||||
26 | the trustee of the care funds of the cemetery authority is |
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1 | authorized to acquire and retain every kind of property, real, | ||||||
2 | personal, or mixed, and every kind of investment, including | ||||||
3 | specifically, but without limiting the generality of the | ||||||
4 | foregoing, bonds, debentures and other corporate obligations, | ||||||
5 | preferred or common stocks and real estate mortgages, which | ||||||
6 | persons of prudence, discretion, and intelligence acquire or | ||||||
7 | retain for their own account. Within the limitations of the | ||||||
8 | foregoing standard, the trustee is authorized to retain | ||||||
9 | property properly acquired, without limitation as to time and | ||||||
10 | without regard to its suitability for original purchase. The | ||||||
11 | care funds authorized by this Section may be commingled with | ||||||
12 | other trust funds received by such cemetery authority for the | ||||||
13 | care of its cemetery or for the care or special care of any | ||||||
14 | lot, grave, crypt, niche, private mausoleum, memorial, marker, | ||||||
15 | or monument in its cemetery, whether received by gift, grant, | ||||||
16 | legacy, contribution, payment, contract, or other conveyance | ||||||
17 | made to such cemetery authority. Such care funds may be | ||||||
18 | invested with common trust funds as provided in the Common | ||||||
19 | Trust Fund Act. The net income only from the investment of such | ||||||
20 | care funds shall be allocated and used for the purposes | ||||||
21 | specified in the transaction by which the principal was | ||||||
22 | established in the proportion that each contribution bears to | ||||||
23 | the entire sum invested.
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24 | (Source: P.A. 96-863, eff. 3-1-10.) | ||||||
25 | (225 ILCS 411/15-15) |
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1 | (Section scheduled to be repealed on January 1, 2021) | ||||||
2 | Sec. 15-15. Care funds; deposits; investments. | ||||||
3 | (a) Whenever a cemetery authority accepts care funds, | ||||||
4 | either in connection with the sale or giving away at an imputed | ||||||
5 | value of an interment right, entombment right, or inurnment | ||||||
6 | right, or in pursuance of a contract, or whenever, as a | ||||||
7 | condition precedent to the purchase or acceptance of an | ||||||
8 | interment right, entombment right, or inurnment right, such | ||||||
9 | cemetery authority shall establish a care fund or deposit the | ||||||
10 | funds in an already existing care fund. | ||||||
11 | (b) The cemetery authority shall execute and deliver to the | ||||||
12 | person from whom it received the care funds an instrument in | ||||||
13 | writing that shall specifically state: (i) the nature and | ||||||
14 | extent of the care to be furnished and (ii) that such care | ||||||
15 | shall be furnished only in so far as net income derived from | ||||||
16 | the amount deposited in trust will permit (the income from the | ||||||
17 | amount so deposited, less necessary expenditures of | ||||||
18 | administering the trust, shall be deemed the net income). | ||||||
19 | (c) The setting-aside and deposit of care funds shall be | ||||||
20 | made by such cemetery authority no later than 30 days after the | ||||||
21 | close of the month in which the cemetery authority gave away | ||||||
22 | for an imputed value or received the final payment on the | ||||||
23 | purchase price of interment rights, entombment rights, or | ||||||
24 | inurnment rights, or received the final payment for the general | ||||||
25 | or special care of a lot, grave, crypt, or niche or of a family | ||||||
26 | mausoleum, memorial, marker, or monument, and such amounts |
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1 | shall be held by the trustee of the care funds of such cemetery | ||||||
2 | authority in trust and in perpetuity for the specific purposes | ||||||
3 | stated in the written instrument described in subsection (b). | ||||||
4 | (c-5) For all care funds received by a cemetery authority, | ||||||
5 | except for care funds received by a cemetery authority pursuant | ||||||
6 | to a specific gift, grant, contribution, payment, legacy, or | ||||||
7 | contract that are subject to investment restrictions more | ||||||
8 | restrictive than the investment provisions set forth in this | ||||||
9 | Act, and except for care funds otherwise subject to a trust | ||||||
10 | agreement executed by a person or persons responsible for | ||||||
11 | transferring the specific gift, grant, contribution, payment, | ||||||
12 | or legacy to the cemetery authority that contains investment | ||||||
13 | restrictions more restrictive than the investment provisions | ||||||
14 | set forth in this Act, the cemetery authority may, without the | ||||||
15 | necessity of having to obtain prior approval from any court in | ||||||
16 | this State, designate a new trustee in accordance with this Act | ||||||
17 | and invest the care funds in accordance with this Section, | ||||||
18 | notwithstanding any contrary limitation contained in the trust | ||||||
19 | agreement. | ||||||
20 | (d) Any cemetery authority engaged in selling or giving | ||||||
21 | away at an imputed value interment rights, entombment rights, | ||||||
22 | or inurnment rights, in conjunction with the selling or giving | ||||||
23 | away at an imputed value any other merchandise or services not | ||||||
24 | covered by this Act, shall be prohibited from increasing the | ||||||
25 | sales price or imputed value of those items not requiring a | ||||||
26 | care fund deposit under this Act with the purpose of allocating |
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1 | a lesser sales price or imputed value to items that require a | ||||||
2 | care fund deposit. | ||||||
3 | (e) If any sale that requires a deposit to a cemetery | ||||||
4 | authority's care fund is made by a cemetery authority on an | ||||||
5 | installment basis, and the installment contract is factored, | ||||||
6 | discounted, or sold to a third party, then the cemetery | ||||||
7 | authority shall deposit the amount due to the care fund within | ||||||
8 | 30 days after the close of the month in which the installment | ||||||
9 | contract was factored, discounted, or sold. If, subsequent to | ||||||
10 | such deposit, the purchaser defaults on the contract such that | ||||||
11 | no care fund deposit on that contract would have been required, | ||||||
12 | then the cemetery authority may apply the amount deposited as a | ||||||
13 | credit against future required deposits. | ||||||
14 | (f) The trust authorized by this Section shall be a single | ||||||
15 | purpose trust fund. In the event of the cemetery authority's | ||||||
16 | bankruptcy, insolvency, or assignment for the benefit of | ||||||
17 | creditors, or an adverse judgment, the trust funds shall not be | ||||||
18 | available to any creditor as assets of the cemetery authority | ||||||
19 | or to pay any expenses of any bankruptcy or similar proceeding, | ||||||
20 | but shall be retained intact to provide for the future | ||||||
21 | maintenance of the cemetery. Except in an action by the | ||||||
22 | Department to revoke a license issued pursuant to this Act and | ||||||
23 | for creation of a receivership as provided in this Act, the | ||||||
24 | trust shall not be subject to judgment, execution, garnishment, | ||||||
25 | attachment, or other seizure by process in bankruptcy or | ||||||
26 | otherwise, nor to sale, pledge, mortgage, or other alienation, |
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1 | and shall not be assignable except as approved by the | ||||||
2 | Department.
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3 | (Source: P.A. 96-863, eff. 3-1-10.) | ||||||
4 | (225 ILCS 411/15-20 new) | ||||||
5 | (Section scheduled to be repealed on January 1, 2021) | ||||||
6 | Sec. 15-20. Use of care funds by a public cemetery. When | ||||||
7 | the State of Illinois or any county, city, village, | ||||||
8 | incorporated town, township, multi-township, public cemetery | ||||||
9 | district, or other municipal or political subdivision or | ||||||
10 | instrumentality thereof in Illinois takes over a cemetery or | ||||||
11 | cemetery authority, the care fund and care fund expenditures | ||||||
12 | continue to be subject to the provisions of this Act, and the | ||||||
13 | new public cemetery must continue to use the care fund | ||||||
14 | exclusively for the care and maintenance of the cemetery in | ||||||
15 | accordance with this Act. | ||||||
16 | (225 ILCS 411/15-30 new) | ||||||
17 | (Section scheduled to be repealed on January 1, 2021) | ||||||
18 | Sec. 15-30. Promises of perpetual care. | ||||||
19 | (a) Except as provided in subsection (b) of this Section, | ||||||
20 | no cemetery authority shall advertise, represent, guarantee, | ||||||
21 | promise, or enter into a contract to furnish any of the | ||||||
22 | following types of care for a cemetery, lot, grave, crypt, | ||||||
23 | niche, family mausoleum, memorial, marker, or monument: | ||||||
24 | (1) perpetual care, |
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1 | (2) permanent care, | ||||||
2 | (3) perpetual or permanent maintenance, | ||||||
3 | (4) care forever, | ||||||
4 | (5) continuous care, | ||||||
5 | (6) eternal care, | ||||||
6 | (7) everlasting care, | ||||||
7 | (8) care for any number of years, or | ||||||
8 | (9) any similar or equivalent care. | ||||||
9 | (b) A cemetery authority may advertise, represent, | ||||||
10 | guarantee, promise, or enter a contract to furnish care as | ||||||
11 | described in items (1) through (9) of subsection (a) if: | ||||||
12 | (1) the care is furnished solely from the net income | ||||||
13 | derived from funds held in trust as provided in Article 15 | ||||||
14 | of this Act; or | ||||||
15 | (2) the contract provides that the principal of the | ||||||
16 | amount paid under the contract shall be used to furnish the | ||||||
17 | care and specifies the type of care and the number of years | ||||||
18 | for which it is to be given. | ||||||
19 | (225 ILCS 411/75-55) | ||||||
20 | (Section scheduled to be repealed on January 1, 2021) | ||||||
21 | Sec. 75-55. Transition.
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22 | (a) Within 60 days after the effective date of this Act, | ||||||
23 | the Comptroller shall provide the Department copies of records | ||||||
24 | in the Comptroller's possession pertaining to the Cemetery Care | ||||||
25 | Act and the Crematory Regulation Act that are necessary for the |
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1 | Department's immediate responsibilities under this Act. All | ||||||
2 | other records pertaining to the Cemetery Care Act and the | ||||||
3 | Crematory Regulation Act shall be transferred to the Department | ||||||
4 | by March 1, 2012. In the case of records that pertain both to | ||||||
5 | the administration of the Cemetery Care Act or the Crematory | ||||||
6 | Regulation Act and to a function retained by the Comptroller, | ||||||
7 | the Comptroller, in consultation with the Department, shall | ||||||
8 | determine, within 60 days after the repeal of the Cemetery Care | ||||||
9 | Act, whether the records shall be transferred, copied, or left | ||||||
10 | with the Comptroller; until this determination has been made | ||||||
11 | the transfer shall not occur. | ||||||
12 | (b) A person licensed under one of the Acts listed in | ||||||
13 | subsection (a) of this Section or regulated under the Cemetery | ||||||
14 | Association Act shall continue to comply with the provisions of | ||||||
15 | those Acts until such time as the person is licensed under this | ||||||
16 | Act or those Acts are repealed or the amendatory changes made | ||||||
17 | by this amendatory Act of the 96th General Assembly take | ||||||
18 | effect, as the case may be, whichever is earlier. | ||||||
19 | (c) To support the costs that may be associated with | ||||||
20 | implementing and maintaining a licensure and regulatory | ||||||
21 | process for the licensure and regulation of cemetery | ||||||
22 | authorities, cemetery managers, customer service employees, | ||||||
23 | and cemetery workers, all cemetery authorities that do not | ||||||
24 | qualify for not maintaining a full exemption or partial | ||||||
25 | exemption shall pay the following to the Department: | ||||||
26 | (1) by the first day of fifth full calendar month after |
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1 | the effective date of this amendatory Act of the 96th
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2 | General Assembly, a one-time fee of $20 for each cemetery | ||||||
3 | authority license to the Department plus a fee of $5 per | ||||||
4 | interment, inurnment, or entombment performed between and | ||||||
5 | including the first day of the first full
calendar month | ||||||
6 | after the effective date of this amendatory Act and the | ||||||
7 | last day of the third full calendar
month after the | ||||||
8 | effective date of this amendatory Act of the 96th General | ||||||
9 | Assembly; and | ||||||
10 | (2) by the first day of eighth full calendar month | ||||||
11 | after the effective date of this amendatory Act of the
96th | ||||||
12 | General Assembly, a fee of $5 per interment, inurnment, or | ||||||
13 | entombment performed between and including the
first day of | ||||||
14 | the fourth full calendar month after the effective date of | ||||||
15 | this amendatory Act and the last
day of the sixth full | ||||||
16 | calendar month after the effective date of this amendatory | ||||||
17 | Act of the 96th General
Assembly; and | ||||||
18 | (3) by July 1 of each year, beginning on July 1, 2012, | ||||||
19 | a fee of $2 per interment, inurnment, or entombment | ||||||
20 | performed during the preceding calendar year an additional | ||||||
21 | charge of $1 per burial unit per year within the cemetery . | ||||||
22 | The Department may establish forms for the collection of | ||||||
23 | the fee established under this subsection (c) and shall deposit | ||||||
24 | such fee into the Cemetery Oversight Licensing and Disciplinary | ||||||
25 | Fund. The Department may begin to collect the aforementioned | ||||||
26 | fee after the effective date of this Act. In addition, the |
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1 | Department may establish rules for the collection process, | ||||||
2 | which may include, but shall not be limited to, dates, forms, | ||||||
3 | enforcement, or other procedures necessary for the effective | ||||||
4 | collection, deposit, and
overall process regarding this | ||||||
5 | Section. | ||||||
6 | (d) Any cemetery authority that fails to pay to the | ||||||
7 | Department the required fee or submits the incorrect amount | ||||||
8 | shall be subject to the penalties provided for in Section | ||||||
9 | 25-110 of this Act. | ||||||
10 | (e) Except as otherwise specifically provided, all fees, | ||||||
11 | fines, penalties, or other moneys received or collected | ||||||
12 | pursuant to this Act shall be deposited in the Cemetery | ||||||
13 | Oversight Licensing and Disciplinary Fund. | ||||||
14 | (f) All proportionate funds held in the Comptroller's | ||||||
15 | Administrative Fund related to unexpended moneys collected | ||||||
16 | under the Cemetery Care Act and the Crematory Regulation Act | ||||||
17 | shall be transferred to the Cemetery Oversight Licensing and | ||||||
18 | Disciplinary Fund within 60 days after the effective date of | ||||||
19 | the repeal of the Cemetery Care Act. | ||||||
20 | (g) Personnel employed by the Comptroller on February 29, | ||||||
21 | 2012, to perform the duties pertaining to the administration of | ||||||
22 | the Cemetery Care Act and the Crematory Regulation Act, are | ||||||
23 | transferred to the Department on March 1, 2012. | ||||||
24 | The rights of State employees, the State, and its agencies | ||||||
25 | under the Comptroller Merit Employment Code and applicable | ||||||
26 | collective bargaining agreements and retirement plans are not |
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1 | affected under this Act, except that all positions transferred | ||||||
2 | to the Department shall be subject to the Personnel Code | ||||||
3 | effective March 1, 2012. | ||||||
4 | All transferred employees who are members of collective | ||||||
5 | bargaining units shall retain their seniority, continuous | ||||||
6 | service, salary, and accrued benefits. During the pendency of | ||||||
7 | the existing collective bargaining agreement, the rights | ||||||
8 | provided for under that agreement shall not be abridged. | ||||||
9 | The Department shall continue to honor during their | ||||||
10 | pendency all bargaining agreements in effect at the time of the | ||||||
11 | transfer and to recognize all collective bargaining | ||||||
12 | representatives for the employees who perform or will perform | ||||||
13 | functions transferred by this Act. For all purposes with | ||||||
14 | respect to the management of the existing agreement and the | ||||||
15 | negotiation and management of any successor agreements, the | ||||||
16 | Department shall be deemed the employer of employees who | ||||||
17 | perform or will perform functions transferred to the Department | ||||||
18 | by this Act. | ||||||
19 | (Source: P.A. 96-863, eff. 3-1-10.) | ||||||
20 | Section 10. The Crematory Regulation Act is amended by | ||||||
21 | changing Sections 11 and 13 as follows: | ||||||
22 | (410 ILCS 18/11) | ||||||
23 | (Text of Section before amendment by P.A. 96-863 ) | ||||||
24 | (Section scheduled to be repealed on January 1, 2021) |
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1 | Sec. 11. Grounds for refusal of license or suspension or | ||||||
2 | revocation of
license. | ||||||
3 | (a) In this Section, "applicant" means a person who has | ||||||
4 | applied for a
license
under
this Act. | ||||||
5 | (b) The Comptroller may refuse to issue a license under | ||||||
6 | this Act, or may
suspend
or revoke a license issued under this | ||||||
7 | Act, on any of the following grounds: | ||||||
8 | (1) The applicant or licensee has made any | ||||||
9 | misrepresentation or false
statement or concealed any | ||||||
10 | material fact in connection with a license
application or | ||||||
11 | licensure under this Act. | ||||||
12 | (2) The applicant or licensee has been engaged in | ||||||
13 | business practices that
work a fraud. | ||||||
14 | (3) The applicant or licensee has refused to give | ||||||
15 | information required
under this Act to be disclosed to the
| ||||||
16 | Comptroller. | ||||||
17 | (4) The applicant or licensee has conducted or is about | ||||||
18 | to conduct
cremation
business in a fraudulent manner. | ||||||
19 | (5) As to any individual listed in the license | ||||||
20 | application as required
under Section 10, that individual | ||||||
21 | has conducted or is about to conduct any
cremation business | ||||||
22 | on behalf of the applicant in a fraudulent manner or has
| ||||||
23 | been
convicted
of any felony or misdemeanor an essential | ||||||
24 | element of which is fraud. | ||||||
25 | (6) The applicant or licensee has failed to make the | ||||||
26 | annual report
required
by this Act or to comply with a |
| |||||||
| |||||||
1 | final order, decision, or finding of the
Comptroller
made | ||||||
2 | under this Act. | ||||||
3 | (7) The applicant or licensee, including any member, | ||||||
4 | officer, or director
of
the applicant or licensee if the | ||||||
5 | applicant or licensee is a firm, partnership,
association, | ||||||
6 | or corporation and including any shareholder holding more | ||||||
7 | than 25%
of the corporate stock of the applicant or | ||||||
8 | licensee, has violated any provision
of
this Act or any | ||||||
9 | regulation or order made by the Comptroller under this Act. | ||||||
10 | (8) The Comptroller finds any fact or condition | ||||||
11 | existing that, if it had
existed at the time of the | ||||||
12 | original application for a license under this Act,
would
| ||||||
13 | have warranted the Comptroller in refusing the issuance of | ||||||
14 | the license. | ||||||
15 | (Source: P.A. 92-675, eff. 7-1-03.) | ||||||
16 | (Text of Section after amendment by P.A. 96-863 ) | ||||||
17 | (Section scheduled to be repealed on January 1, 2021) | ||||||
18 | Sec. 11. Grounds for denial or discipline. | ||||||
19 | (a) In this Section, "applicant" means a person who has | ||||||
20 | applied for a
license
under
this Act including those persons | ||||||
21 | whose names are listed on a license application in Section 10 | ||||||
22 | of this Act. | ||||||
23 | (b) The Department may refuse to issue a license, place on | ||||||
24 | probation, reprimand, or take other disciplinary action that | ||||||
25 | the Department may deem appropriate, including imposing fines |
| |||||||
| |||||||
1 | not to exceed $10,000 for each violation, with regard to any | ||||||
2 | license under this Act, or may
suspend
or revoke a license | ||||||
3 | issued under this Act, on any of the following grounds: | ||||||
4 | (1) The applicant or licensee has made any | ||||||
5 | misrepresentation or false
statement or concealed any | ||||||
6 | material fact in furnishing information to the Department. | ||||||
7 | (2) The applicant or licensee has been engaged in | ||||||
8 | business practices that
work a fraud. | ||||||
9 | (3) The applicant or licensee has refused to give | ||||||
10 | information required
under this Act to be disclosed to the
| ||||||
11 | Department or failing, within 30 days, to provide | ||||||
12 | information in response to a written request made by the | ||||||
13 | Department. | ||||||
14 | (4) Engaging in dishonorable, unethical, or | ||||||
15 | unprofessional conduct of a character likely to deceive, | ||||||
16 | defraud, or harm the public. | ||||||
17 | (5) As to any individual listed in the license | ||||||
18 | application as required
under Section 10, that individual | ||||||
19 | has conducted or is about to conduct any
cremation business | ||||||
20 | on behalf of the applicant in a fraudulent manner or has
| ||||||
21 | been
convicted
of any felony or misdemeanor an essential | ||||||
22 | element of which is fraud. | ||||||
23 | (6) The applicant or licensee has failed to make the | ||||||
24 | annual report
required
by this Act or to comply with a | ||||||
25 | final order, decision, or finding of the
Department
made | ||||||
26 | under this Act. |
| |||||||
| |||||||
1 | (7) The applicant or licensee, including any member, | ||||||
2 | officer, or director
of
the applicant or licensee if the | ||||||
3 | applicant or licensee is a firm, partnership,
association, | ||||||
4 | or corporation and including any shareholder holding more | ||||||
5 | than 25%
of the corporate stock of the applicant or | ||||||
6 | licensee, has violated any provision
of
this Act or any | ||||||
7 | regulation or order made by the Department under this Act. | ||||||
8 | (8) The Department finds any fact or condition existing | ||||||
9 | that, if it had
existed at the time of the original | ||||||
10 | application for a license under this Act,
would
have | ||||||
11 | warranted the Department Comptroller in refusing the | ||||||
12 | issuance of the license. | ||||||
13 | (9) Any violation of this Act or of the rules adopted | ||||||
14 | under this Act. | ||||||
15 | (10) Incompetence. | ||||||
16 | (11) Gross malpractice. | ||||||
17 | (12) Discipline by another state, District of | ||||||
18 | Columbia, territory, or foreign nation, if at least one of | ||||||
19 | the grounds for the discipline is the same or substantially | ||||||
20 | equivalent to those set forth in this Section. | ||||||
21 | (13) Directly or indirectly giving to or receiving from | ||||||
22 | any person, firm, corporation, partnership, or association | ||||||
23 | any fee, commission, rebate, or other form of compensation | ||||||
24 | for professional services not actually or personally | ||||||
25 | rendered. | ||||||
26 | (14) A finding by the Department that the licensee, |
| |||||||
| |||||||
1 | after having its license placed on probationary status, has | ||||||
2 | violated the terms of probation. | ||||||
3 | (15) Willfully making or filing false records or | ||||||
4 | reports, including, but not limited to, false records filed | ||||||
5 | with State agencies or departments. | ||||||
6 | (16) Gross, willful, or continued overcharging for | ||||||
7 | professional services, including filing false statements | ||||||
8 | for collection of fees for which services are not rendered. | ||||||
9 | (17) Practicing under a false or, except as provided by
| ||||||
10 | law, an assumed name. | ||||||
11 | (18) Cheating on or attempting to subvert this Act's | ||||||
12 | licensing application process. | ||||||
13 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
14 | (410 ILCS 18/13)
| ||||||
15 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
16 | (Section scheduled to be repealed on January 1, 2021) | ||||||
17 | Sec. 13. License; display; transfer; duration.
| ||||||
18 | (a) Every license issued under this Act must state the | ||||||
19 | number of the
license, the
business name and address of the | ||||||
20 | licensee's principal place of business, and
the licensee's
| ||||||
21 | parent company, if any. The license must be conspicuously | ||||||
22 | posted in the place
of business
operating under the license.
| ||||||
23 | (b) No license is transferable or assignable without the | ||||||
24 | express
written
consent of the Comptroller. A transfer of more | ||||||
25 | than 50% of the ownership of any
business licensed under this |
| |||||||
| |||||||
1 | Act shall be deemed to be an attempted assignment
of
the | ||||||
2 | license
originally issued to the licensee for whom consent of | ||||||
3 | the Comptroller is
required.
| ||||||
4 | (c) Every license issued under this Act shall remain in | ||||||
5 | force until it has
been
surrendered, suspended, or revoked in | ||||||
6 | accordance with this Act.
Upon
the request of an interested | ||||||
7 | person or on the Comptroller's own motion, the
Comptroller may
| ||||||
8 | issue a new
license to a licensee whose license has been | ||||||
9 | revoked under this Act if no
factor or
condition then exists | ||||||
10 | which would have warranted the Comptroller in
originally | ||||||
11 | refusing
the issuance of the license.
| ||||||
12 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
13 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
14 | (Section scheduled to be repealed on January 1, 2021) | ||||||
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 51% 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 | ||||||
25 | out by rule.
|
| |||||||
| |||||||
1 | (c) Every license issued under this Act shall remain in | ||||||
2 | force until it has
been
surrendered, suspended, or revoked in | ||||||
3 | accordance with this Act.
Upon
the request of an interested | ||||||
4 | person or on the Department's own motion, the Department
may
| ||||||
5 | issue a new
license to a licensee whose license has been | ||||||
6 | revoked under this Act if no
factor or
condition then exists | ||||||
7 | which would have warranted the Department in
originally | ||||||
8 | refusing
the issuance of the license.
| ||||||
9 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
10 | Section 20. The Cemetery Protection Act is amended by | ||||||
11 | changing Section .01 as follows: | ||||||
12 | (765 ILCS 835/.01) (from Ch. 21, par. 14.01) | ||||||
13 | Sec. .01. For the purposes of this Act, the term: | ||||||
14 | "Cemetery authority" means an individual or legal entity | ||||||
15 | that owns or controls cemetery lands or property as further | ||||||
16 | defined in the Cemetery Oversight Act. | ||||||
17 | "Cemetery manager" means an individual who is engaged in, | ||||||
18 | or holding himself or herself out as engaged in, those | ||||||
19 | activities involved in or incidental to supervising the | ||||||
20 | following: the maintenance, operation, development, or | ||||||
21 | improvement of a cemetery licensed under this Act; the | ||||||
22 | interment of human remains; or the care, preservation, and | ||||||
23 | embellishment of cemetery property. This definition also | ||||||
24 | includes, without limitation, an individual that is an |
| |||||||
| |||||||
1 | independent contractor or individuals employed or contracted | ||||||
2 | by an independent contractor who is engaged in, or holding | ||||||
3 | himself or herself out as engaged in, those activities involved | ||||||
4 | in or incidental to supervising the following: the maintenance, | ||||||
5 | operation, development, or improvement of a cemetery licensed | ||||||
6 | under this Act; the interment of human remains; or the care, | ||||||
7 | preservation, and embellishment of cemetery property. | ||||||
8 | "Community mausoleum" means a mausoleum owned and operated | ||||||
9 | by a cemetery authority that contains multiple entombment | ||||||
10 | rights sold to the public.
| ||||||
11 | (Source: P.A. 96-863, eff. 3-1-10.) | ||||||
12 | Section 95. No acceleration or delay. Where this Act makes | ||||||
13 | changes in a statute that is represented in this Act by text | ||||||
14 | that is not yet or no longer in effect (for example, a Section | ||||||
15 | represented by multiple versions), the use of that text does | ||||||
16 | not accelerate or delay the taking effect of (i) the changes | ||||||
17 | made by this Act or (ii) provisions derived from any other | ||||||
18 | Public Act.
| ||||||
19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.".
|