093_HB3057ham002

 










                                     LRB093 10073 AMC 14255 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, by replacing "15-15," with "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  19,  by  replacing  lines  8  through  33  with the
18    following:

19        "(225 ILCS 41/15-45)
20        (Section scheduled to be repealed on January 1, 2013)
 
                            -2-      LRB093 10073 AMC 14255 a
 1        Sec. 15-45.  Practice without license; injunction;  cease
 2    and desist order; civil penalties.
 3        (a)  The  practice  of funeral directing and embalming or
 4    funeral directing by any person who has  not  been  issued  a
 5    license  by  the Department, whose license has been suspended
 6    or revoked, or whose license has not been renewed  is  hereby
 7    declared  to  be  inimical  to  the  public  welfare  and  to
 8    constitute  a  public  nuisance. The Director of Professional
 9    Regulation may, in the name of the People  of  the  State  of
10    Illinois  through  the  Attorney  General  of  the  State  of
11    Illinois,  or the State's Attorney of any county in the State
12    of Illinois, apply for an injunction in the circuit court  to
13    enjoin  any person who has not been issued a license or whose
14    license has been suspended or revoked, or whose  license  has
15    not  been  renewed,  from  practicing  funeral  directing and
16    embalming or funeral directing. Upon the filing of a verified
17    complaint in court, the court, if satisfied by  affidavit  or
18    otherwise  that  the person is or has been practicing funeral
19    directing and embalming or funeral directing  without  having
20    been  issued  a  license or after his or her license has been
21    suspended, revoked, or not renewed,  may  issue  a  temporary
22    restraining  order  or preliminary injunction, without notice
23    or bond, enjoining  the  defendant  from  further  practicing
24    funeral  directing and embalming or funeral directing. A copy
25    of the verified complaint shall be served upon the  defendant
26    and the proceedings shall thereafter be conducted as in other
27    civil cases. If it is established that the defendant has been
28    or  is  practicing funeral directing and embalming or funeral
29    directing without having been issued a license or has been or
30    is practicing funeral  directing  and  embalming  or  funeral
31    directing  after  his  or  her  license  has  been suspended,
32    revoked, or not renewed,  the  court  may  enter  a  judgment
33    perpetually  enjoining  the defendant from further practicing
34    funeral directing and embalming or funeral directing. In case
 
                            -3-      LRB093 10073 AMC 14255 a
 1    of violation of any injunction entered  under  this  Section,
 2    the  court  may  summarily  try  and  punish the offender for
 3    contempt of court. Any  injunction  proceeding  shall  be  in
 4    addition  to,  and  not  in  lieu of, all penalties and other
 5    remedies in this Code.
 6        (b)  Whenever, in the  opinion  of  the  Department,  any
 7    person  or  other  entity violates any provision of this Act,
 8    the Department may issue a notice to show cause why an  order
 9    to cease and desist should not be entered against that person
10    or other entity. The rule shall clearly set forth the grounds
11    relied upon by the Department and shall provide a period of 7
12    days  from  the  date  of  the  rule to file an answer to the
13    satisfaction of the Department.  Failure  to  answer  to  the
14    satisfaction  of the Department shall cause an order to cease
15    and desist to be issued immediately.
16        (c) (1)  In addition to any  other  penalty  provided  by
17        law,   any   person,  sole  proprietorship,  professional
18        service   corporation,   limited    liability    company,
19        partnership,  or  other entity that violates Section 1-15
20        or 1-20 of this Act shall forfeit and pay to the  General
21        Professions  Dedicated  Fund a civil penalty in an amount
22        determined by the Department of not more than $10,000 for
23        each  offense.  The  penalty   shall   be   assessed   in
24        proceedings  as  provided in Sections 15-10 through 15-40
25        of this Act.
26             (2)  Unless the amount of the penalty is paid within
27        60 days after the order becomes final,  the  order  shall
28        constitute  a  judgement and shall be filed and execution
29        issued thereon in the same manner as the judgement  of  a
30        court of record.
31    (Source: P.A. 87-966.)"; and

32    on page 20, by deleting lines 1 through 29; and

33    on page 21, line 25, by replacing "a intern trainee" with "an
 
                            -4-      LRB093 10073 AMC 14255 a
 1    intern a trainee"; and

 2    on  page  22,  line  17,  after  "felony"  by  inserting  "or
 3    misdemeanor; and

 4    on  page  22,  line  18,  after  "felony"  by  inserting  "or
 5    misdemeanor; and

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

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

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