093_HB3057ham001











                                     LRB093 10073 LRD 13735 a

 1                    AMENDMENT TO HOUSE BILL 3057

 2        AMENDMENT NO.     .  Amend House Bill  3057  on  page  1,
 3    line 6, by deleting "10-40,"; and

 4    on page 1, line 7, after "15-15," by inserting "15-45,"; and

 5    on page 8, by replacing lines 18 and 19 with the following:
 6    "Association  of Funeral Home Owners, Inc., Illinois Selected
 7    Morticians Association, Inc., Illinois Cemetery  and  Funeral
 8    Home Association, National Funeral Directors"; and

 9    on page 15, by replacing lines 4 and 5 with the following:
10    "Funeral  Home  Owners,  Inc.,  Illinois  Selected Morticians
11    Associations,  Inc.,  Illinois  Cemetery  and  Funeral   Home
12    Association, National Funeral Directors Association,"; and

13    by  deleting  lines  17  through  33  on  page 16 and lines 1
14    through 8 on page 17; and

15    on page 20, line 4, after "by mailing  it  by"  by  inserting
16    "certified or"; and

17    on page 20, by inserting the following after line 29:

18        "(225 ILCS 41/15-45)
19        (Section scheduled to be repealed on January 1, 2013)
20        Sec.  15-45.  Practice without license; injunction; cease
 
                            -2-      LRB093 10073 LRD 13735 a
 1    and desist order; civil penalties.
 2        (a) The practice of funeral directing  and  embalming  or
 3    funeral  directing  by  any  person who has not been issued a
 4    license by the Department, whose license has  been  suspended
 5    or  revoked,  or whose license has not been renewed is hereby
 6    declared  to  be  inimical  to  the  public  welfare  and  to
 7    constitute a public nuisance. The  Director  of  Professional
 8    Regulation  may,  in  the  name of the People of the State of
 9    Illinois  through  the  Attorney  General  of  the  State  of
10    Illinois, or the State's Attorney of any county in the  State
11    of  Illinois, apply for an injunction in the circuit court to
12    enjoin any person who has not been issued a license or  whose
13    license  has  been suspended or revoked, or whose license has
14    not been  renewed,  from  practicing  funeral  directing  and
15    embalming or funeral directing. Upon the filing of a verified
16    complaint  in  court, the court, if satisfied by affidavit or
17    otherwise that the person is or has been  practicing  funeral
18    directing  and  embalming or funeral directing without having
19    been issued a license or after his or her  license  has  been
20    suspended,  revoked,  or  not  renewed, may issue a temporary
21    restraining order or preliminary injunction,  without  notice
22    or  bond,  enjoining  the  defendant  from further practicing
23    funeral directing and embalming or funeral directing. A  copy
24    of  the verified complaint shall be served upon the defendant
25    and the proceedings shall thereafter be conducted as in other
26    civil cases. If it is established that the defendant has been
27    or is practicing funeral directing and embalming  or  funeral
28    directing without having been issued a license or has been or
29    is  practicing  funeral  directing  and  embalming or funeral
30    directing after  his  or  her  license  has  been  suspended,
31    revoked,  or  not  renewed,  the  court  may enter a judgment
32    perpetually enjoining the defendant from  further  practicing
33    funeral directing and embalming or funeral directing. In case
34    of  violation  of  any injunction entered under this Section,
 
                            -3-      LRB093 10073 LRD 13735 a
 1    the court may summarily  try  and  punish  the  offender  for
 2    contempt  of  court.  Any  injunction  proceeding shall be in
 3    addition to, and not in lieu  of,  all  penalties  and  other
 4    remedies in this Code.
 5        (b)  Whenever,  in  the  opinion  of  the Department, any
 6    person or other entity violates any provision  of  this  Act,
 7    the  Department may issue a notice to show cause why an order
 8    to cease and desist should not be entered against that person
 9    or other entity. The rule shall clearly set forth the grounds
10    relied upon by the Department and shall provide a period of 7
11    days from the date of the rule  to  file  an  answer  to  the
12    satisfaction  of  the  Department.  Failure  to answer to the
13    satisfaction of the Department shall cause an order to  cease
14    and desist to be issued immediately.
15        (c)  (1)  In  addition  to  any other penalty provided by
16        law,  any  person,  sole   proprietorship,   professional
17        service    corporation,    limited   liability   company,
18        partnership, or other entity that violates  Section  1-15
19        or  1-20 of this Act shall forfeit and pay to the General
20        Professions Dedicated Fund a civil penalty in  an  amount
21        determined by the Department of not more than $10,000 for
22        each   offense.   The   penalty   shall  be  assessed  in
23        proceedings as provided in Sections 15-10  through  15-40
24        of this Act.
25             (2)  Unless the amount of the penalty is paid within
26        60  days  after  the order becomes final, the order shall
27        constitute a judgement and shall be filed  and  execution
28        issued  thereon  in the same manner as the judgement of a
29        court of record.
30    (Source: P.A. 87-966.)"; and

31    on page 21, line 25, by replacing "a intern trainee" with "an
32    intern a trainee"; and

33    on  page  22,  line  17,  after  "felony"  by  inserting  "or
 
                            -4-      LRB093 10073 LRD 13735 a
 1    misdemeanor; and

 2    on  page  22,  line  18,  after  "felony"  by  inserting  "or
 3    misdemeanor; and

 4    on page 24, line 16, after "Code," by  inserting  "the  rules
 5    for the administration of this Code,"; and

 6    on page 24, by replacing lines 24 and 25 with the following:
 7    "the  public in the course of providing professional services
 8    or activities."; and

 9    on page 27, by inserting the following after line 3:
10             "(29)  A finding by the Department that the license,
11        after having his or her license  placed  on  probationary
12        status   or  subjected  to  conditions  or  restrictions,
13        violated the terms of the probation or failed  to  comply
14        with such terms or conditions.
15             (30)  Violation  of  any final administrative action
16        of the Director.
17             (31)  Being named as a perpetrator in  an  indicated
18        report  by the Department of Children and Family Services
19        pursuant to the Abused and Neglected Child Reporting  Act
20        and,  upon  proof by clear and convincing evidence, being
21        found to have caused a child to be  an  abused  child  or
22        neglected  child  as  defined in the Abused and Neglected
23        Child Reporting Act.".