97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0184

 

Introduced 1/18/2011, by Rep. Angelo Saviano

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Cemetery Oversight Act. Transfers the administration and oversight of the Cemetery Oversight Act from the Secretary of Financial and Professional Regulation and the Department of Financial and Professional Regulation to the Illinois Comptroller. Changes references from "Secretary" and "Department" to "Comptroller". Effective immediately.


LRB097 02976 CEL 43001 b

 

 

A BILL FOR

 

HB0184LRB097 02976 CEL 43001 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cemetery Oversight Act is amended by
5changing Sections 5-15, 5-25, 10-5, 10-10, 10-15, 10-20, 10-21,
610-22, 10-23, 10-25, 10-30, 10-45, 10-50, 10-55, 10-60, 15-15,
715-40, 20-5, 20-6, 20-20, 20-25, 20-30, 22-1, 22-3, 22-4,
822-10, 22-11, 22-12, 22-13, 22-21, 25-1, 25-3, 25-5, 25-10,
925-13, 25-14, 25-15, 25-25, 25-30, 25-35, 25-40, 25-45, 25-50,
1025-55, 25-60, 25-65, 25-70, 25-75, 25-80, 25-85, 25-90, 25-95,
1125-100, 25-105, 25-110, 25-125, 35-10, 35-15, 75-5, 75-15,
1275-20, 75-35, 75-45, 75-50, and 75-55 as follows:
 
13    (225 ILCS 411/5-15)
14    (Section scheduled to be repealed on January 1, 2021)
15    Sec. 5-15. Definitions. In this Act:
16    "Address of record" means the designated address recorded
17by the Comptroller Department in the applicant's or licensee's
18application file or license file. It is the duty of the
19applicant or licensee to inform the Comptroller Department of
20any change of address within 14 days either through the
21Comptroller's Department's website or by contacting the
22Comptroller's Department's licensure maintenance unit. The
23address of record for a cemetery authority shall be the

 

 

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1permanent street address of the cemetery.
2    "Applicant" means a person applying for licensure under
3this Act as a cemetery authority, cemetery manager, or customer
4service employee. Any applicant or any person who holds himself
5or herself out as an applicant is considered a licensee for
6purposes of enforcement, investigation, hearings, and the
7Illinois Administrative Procedure Act.
8    "Burial permit" means a permit for the disposition of a
9dead human body that is filed with the Illinois Department of
10Public Health.
11    "Care" means the maintenance of a cemetery and of the lots,
12graves, crypts, niches, family mausoleums, memorials, and
13markers therein, including: (i) the cutting and trimming of
14lawn, shrubs, and trees at reasonable intervals; (ii) keeping
15in repair the drains, water lines, roads, buildings, fences,
16and other structures, in keeping with a well-maintained
17cemetery as provided for in Section 20-5 of this Act and
18otherwise as required by rule; (iii) maintenance of machinery,
19tools, and equipment for such care; (iv) compensation of
20cemetery workers, any discretionary payment of insurance
21premiums, and any reasonable payments for workers' pension and
22other benefits plans; and (v) the payment of expenses necessary
23for such purposes and for maintaining necessary records of lot
24ownership, transfers, and burials.
25    "Care funds", as distinguished from receipts from annual
26charges or gifts for current or annual care, means any realty

 

 

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1or personalty impressed with a trust by the terms of any gift,
2grant, contribution, payment, legacy, or pursuant to contract,
3accepted by any cemetery authority or by any trustee, licensee,
4agent, or custodian for the same, under Article 15 of this Act,
5and any income accumulated therefrom, where legally so directed
6by the terms of the transaction by which the principal was
7established.
8    "Cemetery" means any land or structure in this State
9dedicated to and used, or intended to be used, for the
10interment, inurnment, or entombment of human remains.
11    "Cemetery association" means an association of 6 or more
12persons, and their successors in trust, who have received
13articles of organization from the Secretary of State to operate
14a cemetery; the articles of organization shall be in perpetuity
15and in trust for the use and benefit of all persons who may
16acquire burial lots in a cemetery.
17    "Cemetery authority" means any individual or legal entity
18that owns or controls cemetery lands or property.
19    "Cemetery manager" means an individual who is engaged in,
20or responsible for, or holding himself or herself out as
21engaged in, those activities involved in or incidental to
22supervising the following: the maintenance, operation,
23development, or improvement of a cemetery licensed under this
24Act; the interment of human remains; or the care, preservation,
25and embellishment of cemetery property. This definition
26includes, without limitation, an employee, an individual that

 

 

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1is an independent contractor, an individual employed or
2contracted by an independent contractor, a third-party vendor,
3or an individual employed or contracted by a third-party vendor
4who is engaged in, or holding himself or herself out as engaged
5in, those activities involved in or incidental to supervising
6the following: the maintenance, operation, development, or
7improvement of a cemetery licensed under this Act; the
8interment of human remains; or the care, preservation, and
9embellishment of cemetery property.
10    "Cemetery operation" means to engage or attempt to engage
11in the interment, inurnment, or entombment of human remains or
12to engage in or attempt to engage in the care of a cemetery.
13    "Cemetery Oversight Database" means a database certified
14by the Comptroller Department as effective in tracking the
15interment, entombment, or inurnment of human remains.
16    "Cemetery worker" means an individual, including an
17independent contractor or third-party vendor, who performs any
18work at the cemetery that is customarily performed by one or
19more cemetery employees, including openings and closings of
20vaults and graves, stone settings, inurnments, interments,
21entombments, administrative work, handling of any official
22burial records, the preparation of foundations for memorials,
23and routine cemetery maintenance. This definition does not
24include uncompensated, volunteer workers.
25    "Certificate of organization" means the document received
26by a cemetery association from the Secretary of State that

 

 

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1indicates that the cemetery association shall be deemed fully
2organized as a body corporate under the name adopted and in its
3corporate name may sue and be sued.
4    "Comptroller" means the Comptroller of the State of
5Illinois.
6    "Consumer" means a person, or the persons given priority
7for the disposition of an individual's remains under the
8Disposition of Remains Act, who purchases or is considering
9purchasing cemetery, burial, or cremation products or services
10from a cemetery authority or crematory authority, whether for
11themselves or for another person.
12    "Customer service employee" means an individual who has
13direct contact with consumers and explains cemetery
14merchandise or services or negotiates, develops, or finalizes
15contracts with consumers. This definition includes, without
16limitation, an employee, an individual that is an independent
17contractor, an individual that is employed or contracted by an
18independent contractor, a third-party vendor, or an individual
19that is employed or contracted by a third-party vendor, who has
20direct contact with consumers and explains cemetery
21merchandise or services or negotiates, develops, or finalizes
22contracts with consumers. This definition does not include an
23employee, an individual that is an independent contractor or an
24individual that is employed or contracted by an independent
25contractor, a third party vendor, or an individual that is
26employed or contracted by a third party vendor, who merely

 

 

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1provides a printed cemetery list to a consumer, processes
2payment from a consumer, or performs sales functions related
3solely to incidental merchandise like flowers, souvenirs, or
4other similar items.
5    "Department" means the Department of Financial and
6Professional Regulation.
7    "Employee" means an individual who works for a cemetery
8authority where the cemetery authority has the right to control
9what work is performed and the details of how the work is
10performed regardless of whether federal or State payroll taxes
11are withheld.
12    "Entombment right" means the right to place individual
13human remains or individual cremated human remains in a
14specific mausoleum crypt or lawn crypt selected by a consumer
15for use as a final resting place.
16    "Family burying ground" means a cemetery in which no lots
17are sold to the public and in which interments are restricted
18to the immediate family or a group of individuals related to
19each other by blood or marriage.
20    "Full exemption" means an exemption granted to a cemetery
21authority pursuant to subsection (a) of Section 5-20.
22    "Funeral director" means a funeral director as defined by
23the Funeral Directors and Embalmers Licensing Code.
24    "Grave" means a space of ground in a cemetery used or
25intended to be used for burial.
26    "Green burial or cremation disposition" means burial or

 

 

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1cremation practices that reduce the greenhouse gas emissions,
2waste, and toxic chemicals ordinarily created in burial or
3cremation or, in the case of greenhouse gas emissions, mitigate
4or offset emissions. Such practices include standards for
5burial or cremation certified by the Green Burial Council or
6any other organization or method that the Comptroller
7Department may name by rule.
8    "Immediate family" means the designated agent of a person
9or the persons given priority for the disposition of a person's
10remains under the Disposition of Remains Act and shall include
11a person's spouse, parents, grandparents, children,
12grandchildren and siblings.
13    "Imputed value" means the retail price of comparable rights
14within the same or similar area of the cemetery.
15    "Independent contractor" means a person who performs work
16for a cemetery authority where the cemetery authority has the
17right to control or direct only the result of the work and not
18the means and methods of accomplishing the result.
19    "Individual" means a natural person.
20    "Interment right" means the right to place individual human
21remains or cremated human remains in a specific underground
22location selected by a consumer for use as a final resting
23place.
24    "Inurnment right" means the right to place individual
25cremated human remains in a specific niche selected by the
26consumer for use as a final resting place.

 

 

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1    "Investment Company Act of 1940" means Title 15 of the
2United States Code, Sections 80a-1 to 80a-64, inclusive, as
3amended.
4    "Investment company" means any issuer (a) whose securities
5are purchasable only with care funds or trust funds, or both;
6(b) that is an open and diversified management company as
7defined in and registered under the Investment Company Act of
81940; and (c) that has entered into an agreement with the
9Comptroller Department containing such provisions as the
10Comptroller Department by regulation requires for the proper
11administration of this Act.
12    "Lawn crypt" means a permanent underground crypt installed
13in multiple units for the interment of human remains.
14    "Licensee" means a person licensed under this Act as a
15cemetery authority, cemetery manager, or customer service
16employee. Anyone who holds himself or herself out as a licensee
17or who is accused of unlicensed practice is considered a
18licensee for purposes of enforcement, investigation, hearings,
19and the Illinois Administrative Procedure Act. This definition
20does not include a cemetery worker.
21    "Mausoleum crypt" means a space in a mausoleum used or
22intended to be used, above or underground, to entomb human
23remains.
24    "Niche" means a space in a columbarium or mausoleum used,
25or intended to be used, for inurnment of cremated human
26remains.

 

 

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1    "Partial exemption" means an exemption granted to a
2cemetery authority pursuant to subsection (b) of Section 5-20.
3    "Parcel identification number" means a unique number
4assigned to a grave, plot, crypt, or niche that enables the
5Comptroller Department to ascertain the precise location of a
6decedent's remains interred, entombed, or inurned after the
7effective date of this Act.
8    "Person" means any individual, firm, partnership,
9association, corporation, limited liability company, trustee,
10government or political subdivision, or other entity.
11    "Public cemetery" means a cemetery owned, operated,
12controlled, or managed by the federal government, by any state,
13county, city, village, incorporated town, township,
14multi-township, public cemetery district, or other municipal
15corporation, political subdivision, or instrumentality thereof
16authorized by law to own, operate, or manage a cemetery.
17    "Religious cemetery" means a cemetery owned, operated,
18controlled, or managed by any recognized church, religious
19society, association, or denomination, or by any cemetery
20authority or any corporation administering, or through which is
21administered, the temporalities of any recognized church,
22religious society, association, or denomination.
23    "Secretary" means the Secretary of Financial and
24Professional Regulation.
25    "Term burial" means a right of interment sold to a consumer
26in which the cemetery authority retains the right to disinter

 

 

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1and relocate the remains, subject to the provisions of
2subsection (d) of Section 35-15 of this Act.
3    "Trustee" means any person authorized to hold funds under
4this Act.
5    "Unique personal identifier" means the parcel
6identification number in addition to the term of burial in
7years; the numbered level or depth in the grave, plot, crypt,
8or niche; and the year of death for human remains interred,
9entombed, or inurned after the effective date of this Act.
10(Source: P.A. 96-863, eff. 3-1-10.)
 
11    (225 ILCS 411/5-25)
12    (Section scheduled to be repealed on January 1, 2021)
13    Sec. 5-25. Powers of the Comptroller Department. Subject
14to the provisions of this Act, the Comptroller Department may
15exercise the following powers:
16    (1) Authorize written examinations to ascertain the
17qualifications and fitness of applicants for licensing as a
18licensed cemetery manager or as a customer service employee to
19ascertain whether they possess the requisite level of knowledge
20for such position.
21    (2) Examine and audit a licensed cemetery authority's care
22funds, records from any year, and records of care funds from
23any year, or any other aspects of cemetery operation as the
24Comptroller Department deems appropriate.
25    (3) Investigate any and all cemetery-related activity.

 

 

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1    (4) Conduct hearings on proceedings to refuse to issue or
2renew licenses or to revoke, suspend, place on probation,
3reprimand, or otherwise discipline a license under this Act or
4take other non-disciplinary action.
5    (5) Adopt reasonable rules required for the administration
6of this Act.
7    (6) Prescribe forms to be issued for the administration and
8enforcement of this Act.
9    (7) Maintain rosters of the names and addresses of all
10licensees and all persons whose licenses have been suspended,
11revoked, denied renewal, or otherwise disciplined within the
12previous calendar year. These rosters shall be available upon
13written request and payment of the required fee as established
14by rule.
15(Source: P.A. 96-863, eff. 3-1-10.)
 
16    (225 ILCS 411/10-5)
17    (Section scheduled to be repealed on January 1, 2021)
18    Sec. 10-5. Restrictions and limitations. No person shall,
19without a valid license issued by the Comptroller Department,
20(i) hold himself or herself out in any manner to the public as
21a licensed cemetery authority, licensed cemetery manager, or
22customer service employee; (ii) attach the title "licensed
23cemetery authority", "licensed cemetery manager", or "licensed
24customer service employee" to his or her name; (iii) render or
25offer to render services constituting the practice of cemetery

 

 

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1operation; or (iv) accept care funds within the meaning of this
2Act or otherwise hold funds for care and maintenance unless
3such person is holding and managing funds on behalf of a
4cemetery authority and is authorized to conduct a trust
5business under the Corporate Fiduciary Act or the federal
6National Bank Act.
7(Source: P.A. 96-863, eff. 3-1-10.)
 
8    (225 ILCS 411/10-10)
9    (Section scheduled to be repealed on January 1, 2021)
10    Sec. 10-10. Persons licensed under the Cemetery Care Act or
11Cemetery Association Act. A person acting as a licensed
12cemetery authority under the Cemetery Care Act or Cemetery
13Association Act prior to their repeal on March 1, 2012 must
14comply with those Acts until the Comptroller Department takes
15action on the person's application for a cemetery authority
16license in accordance with this Act. The application for a
17cemetery authority license under this Article must be submitted
18to the Comptroller Department within 9 months after the
19effective date of this Act. If the person fails to submit the
20application within this period, then the person shall be
21considered to be engaged in unlicensed practice and shall be
22subject to discipline in accordance with Article 25 of this
23Act.
24(Source: P.A. 96-863, eff. 3-1-10.)
 

 

 

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1    (225 ILCS 411/10-15)
2    (Section scheduled to be repealed on January 1, 2021)
3    Sec. 10-15. Persons not licensed under the Cemetery Care
4Act or the Cemetery Association Act. A cemetery manager, a
5customer service employee, or a person acting as a cemetery
6authority who was not required to obtain licensure prior to the
7effective date of this Act need not comply with the licensure
8requirement in this Article until the Comptroller Department
9takes action on the person's application for a license. The
10application for a cemetery authority license must be submitted
11to the Comptroller Department within 6 months after the
12effective date of this Act. For cemetery managers already
13working for a cemetery authority at the time of cemetery
14authority application for licensure, the application for a
15cemetery manager license must be submitted at the same time as
16the original application for licensure as a cemetery authority
17pursuant to this Section or Section 10-10, whichever the case
18may be. Any applicant for licensure as a cemetery manager of a
19cemetery authority that is already licensed under this Act or
20that has a pending application for licensure under this Act
21must submit his or her application to the Comptroller
22Department on or before his or her first day of work. The
23application for a customer service employee license must be
24submitted to the Comptroller Department within 10 days after
25the cemetery authority for which he or she works becomes
26licensed under this Act or on or before his or her first day of

 

 

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1work, whichever the case may be. If the person fails to submit
2the application within the required period, the person shall be
3considered to be engaged in unlicensed practice and shall be
4subject to discipline in accordance with Article 25 of this
5Act.
6(Source: P.A. 96-863, eff. 3-1-10.)
 
7    (225 ILCS 411/10-20)
8    (Section scheduled to be repealed on January 1, 2021)
9    Sec. 10-20. Application for original license or exemption.
10    (a) Applications for original licensure as a cemetery
11authority, cemetery manager, or customer service employee
12authorized by this Act, or application for exemption from
13licensure as a cemetery authority, shall be made to the
14Comptroller Department on forms prescribed by the Comptroller
15Department, which shall include the applicant's Social
16Security number or FEIN number, or both, and shall be
17accompanied by the required fee as set by rule. Applications
18for partial or full exemption from licensure as a cemetery
19authority shall be submitted to the Comptroller Department
20within 12 months after the Comptroller Department adopts rules
21under this Act. If the person fails to submit the application
22for partial or full exemption within this period, the person
23shall be subject to discipline in accordance with Article 25 of
24this Act. If a cemetery authority seeks to practice at more
25than one location, it shall meet all licensure requirements at

 

 

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1each location as required by this Act and by rule, including
2submission of an application and fee. A person licensed as a
3cemetery manager or customer service employee need not submit a
4Worker's Statement in accordance with Section 10-22 of this
5Act.
6    (b) If the application for licensure as a cemetery
7authority does not claim a full exemption or partial exemption,
8then the cemetery authority license application shall be
9accompanied by a fidelity bond, proof of self-insurance, or
10letter of credit in the amount required by rule. Such bond,
11self-insurance, or letter of credit shall run to the
12Comptroller Department for the benefit of the care funds held
13by such cemetery authority or by the trustee of the care funds
14of such cemetery authority. If care funds of a cemetery
15authority are held by any entity authorized to do a trust
16business under the Corporate Fiduciary Act or held by an
17investment company, then the Comptroller Department shall
18waive the requirement of a bond, self-insurance, or letter of
19credit as established by rule. If the Comptroller Department
20finds at any time that the bond, self-insurance or letter of
21credit is insecure or exhausted or otherwise doubtful, then an
22additional bond, form of self-insurance, or letter of credit in
23like amount to be approved by the Comptroller Department shall
24be filed by the cemetery authority applicant or licensee within
2530 days after written demand is served upon the applicant or
26licensee by the Comptroller Department. In addition, if the

 

 

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1cemetery authority application does not claim a full exemption
2or partial exemption, then the license application shall be
3accompanied by proof of liability insurance, proof of
4self-insurance, or a letter of credit in the amount required by
5rule. The procedure by which claims on the liability insurance,
6self-insurance, or letter of credit are made and paid shall be
7determined by rule. Any bond obtained pursuant to this
8subsection shall be issued by a bonding company authorized to
9do business in this State. Any letter of credit obtained
10pursuant to this subsection shall be issued by a financial
11institution authorized to do business in this State.
12Maintaining the bonds, self-insurance, or letters of credit
13required under this subsection is a continuing obligation for
14licensure. A bonding company may terminate a bond, a financial
15institution may terminate a letter of credit, or an insurance
16company may terminate liability insurance and avoid further
17liability by filing a 60-day notice of termination with the
18Comptroller Department and at the same time sending the same
19notice to the cemetery authority.
20    (c) After initial licensure, if any person comes to obtain
21at least 51% of the ownership over the licensed cemetery
22authority, then the cemetery authority shall have to apply for
23a new license and receive licensure in the required time as set
24by rule. The current license remains in effect until the
25Comptroller Department takes action on the application for a
26new license.

 

 

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1    (d) All applications shall contain the information that, in
2the judgment of the Comptroller Department, will enable the
3Comptroller Department to pass on the qualifications of the
4applicant for an exemption from licensure or for a license to
5practice as a cemetery authority, cemetery manager, or customer
6service employee as set by rule.
7(Source: P.A. 96-863, eff. 3-1-10.)
 
8    (225 ILCS 411/10-21)
9    (Section scheduled to be repealed on January 1, 2021)
10    Sec. 10-21. Qualifications for licensure.
11    (a) A cemetery authority shall apply for licensure on forms
12prescribed by the Comptroller Department and pay the required
13fee. An applicant is qualified for licensure as a cemetery
14authority if the applicant meets all of the following
15qualifications:
16        (1) The applicant is of good moral character and has
17    not committed any act or offense in any jurisdiction that
18    would constitute the basis for discipline under this Act.
19    In determining good moral character, the Comptroller
20    Department shall take into consideration the following:
21            (A) the applicant's record of compliance with the
22        Code of Professional Conduct and Ethics, and whether
23        the applicant has been found to have engaged in any
24        unethical or dishonest practices in the cemetery
25        business;

 

 

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1            (B) whether the applicant has been adjudicated,
2        civilly or criminally, to have committed fraud or to
3        have violated any law of any state involving unfair
4        trade or business practices, has been convicted of a
5        misdemeanor of which fraud is an essential element or
6        which involves any aspect of the cemetery business, or
7        has been convicted of any felony;
8            (C) whether the applicant has willfully violated
9        any provision of this Act or a predecessor law or any
10        regulations relating thereto;
11            (D) whether the applicant has been permanently or
12        temporarily suspended, enjoined, or barred by any
13        court of competent jurisdiction in any state from
14        engaging in or continuing any conduct or practice
15        involving any aspect of the cemetery or funeral
16        business; and
17            (E) whether the applicant has ever had any license
18        to practice any profession or occupation suspended,
19        denied, fined, or otherwise acted against or
20        disciplined by the applicable licensing authority.
21        If the applicant is a corporation, limited liability
22    company, partnership, or other entity permitted by law,
23    then each principal, owner, member, officer, and
24    shareholder holding 25% or more of corporate stock is to be
25    of good moral character. Good moral character is a
26    continuing requirement of licensure.

 

 

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1        (2) The applicant provides evidence satisfactory to
2    the Comptroller Department that the applicant has
3    financial resources sufficient to comply with the
4    maintenance and record-keeping provisions in Section 20-5
5    of this Act. Maintaining sufficient financial resources is
6    a continuing requirement for licensure.
7        (3) The applicant has not, within the preceding 10
8    years, been convicted of or entered a plea of guilty or
9    nolo contendere to (i) a Class X felony or (ii) a felony,
10    an essential element of which was fraud or dishonesty under
11    the laws of this State, another state, the United States,
12    or a foreign jurisdiction. If the applicant is a
13    corporation, limited liability company, partnership, or
14    other entity permitted by law, then each principal, owner,
15    member, officer, and shareholder holding 25% or more of
16    corporate stock has not, within the preceding 10 years,
17    been convicted of or entered a plea of guilty or nolo
18    contendere to (i) a Class X felony or (ii) a felony, an
19    essential element of which was fraud or dishonesty under
20    the laws of this State, another state, the United States,
21    or a foreign jurisdiction.
22        (4) The applicant submits his or her fingerprints in
23    accordance with subsection (c) of this Section.
24        (5) The applicant has complied with all other
25    requirements of this Act and the rules adopted for the
26    implementation of this Act.

 

 

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1    (b) The cemetery manager and customer service employees of
2a licensed cemetery authority shall apply for licensure as a
3cemetery manager or customer service employee on forms
4prescribed by the Comptroller Department and pay the required
5fee. A person is qualified for licensure as a cemetery manager
6or customer service employee if he or she meets all of the
7following requirements:
8        (1) Is at least 18 years of age.
9        (2) Is of good moral character. Good moral character is
10    a continuing requirement of licensure. In determining good
11    moral character, the Comptroller Department shall take
12    into consideration the factors outlined in item (1) of
13    subsection (a) of this Section.
14        (3) Submits proof of successful completion of a high
15    school education or its equivalent as established by rule.
16        (4) Submits his or her fingerprints in accordance with
17    subsection (c) of this Section.
18        (5) Has not committed a violation of this Act or any
19    rules adopted under this Act that, in the opinion of the
20    Comptroller Department, renders the applicant unqualified
21    to be a cemetery manager.
22        (6) Successfully passes the examination authorized by
23    the Comptroller Department for cemetery manager or
24    customer service employee, whichever is applicable.
25        (7) Has not, within the preceding 10 years, been
26    convicted of or entered a plea of guilty or nolo contendere

 

 

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1    to (i) a Class X felony or (ii) a felony, an essential
2    element of which was fraud or dishonesty under the laws of
3    this State, another state, the United States, or a foreign
4    jurisdiction.
5        (8) Can be reasonably expected to treat consumers
6    professionally, fairly, and ethically.
7        (9) Has complied with all other requirements of this
8    Act and the rules adopted for implementation of this Act.
9    (c) Each applicant for a cemetery authority, cemetery
10manager, or customer service employee license shall have his or
11her fingerprints submitted to the Department of State Police in
12an electronic format that complies with the form and manner for
13requesting and furnishing criminal history record information
14that is prescribed by the Department of State Police. These
15fingerprints shall be checked against the Department of State
16Police and Federal Bureau of Investigation criminal history
17record databases. The Department of State Police shall charge
18applicants a fee for conducting the criminal history records
19check, which shall be deposited in the State Police Services
20Fund and shall not exceed the actual cost of the records check.
21The Department of State Police shall furnish, pursuant to
22positive identification, records of Illinois convictions to
23the Comptroller Department. The Comptroller Department may
24require applicants to pay a separate fingerprinting fee, either
25to the Comptroller Department or directly to a designated
26fingerprint vendor. The Comptroller Department, in its

 

 

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1discretion, may allow an applicant who does not have reasonable
2access to a designated fingerprint vendor to provide his or her
3fingerprints in an alternative manner. The Comptroller
4Department, in its discretion, may also use other procedures in
5performing or obtaining criminal background checks of
6applicants. Instead of submitting his or her fingerprints, an
7individual may submit proof that is satisfactory to the
8Comptroller Department that an equivalent security clearance
9has been conducted. If the applicant for a cemetery authority
10license is a corporation, limited liability company,
11partnership, or other entity permitted by law, then each
12principal, owner, member, officer, and shareholder holding 25%
13or more of corporate stock shall have his or her fingerprints
14submitted in accordance with this subsection (c).
15(Source: P.A. 96-863, eff. 3-1-10.)
 
16    (225 ILCS 411/10-22)
17    (Section scheduled to be repealed on January 1, 2021)
18    Sec. 10-22. Worker's Statement.
19    (a) (1) No cemetery worker shall perform work at the
20cemetery of a licensed cemetery authority without submitting a
21Worker's Statement on or before the first day the cemetery
22worker commences work at the cemetery. No licensed cemetery
23authority shall allow a cemetery worker to perform work at his
24or her cemetery without submitting a Worker's Statement on or
25before the first day the cemetery worker commences work at the

 

 

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1cemetery. The Worker's Statement shall be on forms prescribed
2by the Comptroller Department and shall set forth the
3following:
4            (i) The individual's full name, age, and residence
5        address.
6            (ii) The individual's work history for the 5 years
7        immediately preceding the date of the execution of the
8        statement, the place where the business or occupation
9        was engaged in, and the names of employers, if any.
10            (iii) That the individual has not had licensure as
11        a cemetery authority, cemetery manager, or customer
12        service employee denied, revoked, or suspended under
13        this Act within the previous year.
14            (iv) Any declaration of incompetence by a court of
15        competent jurisdiction that has not been restored.
16        (2) The cemetery authority shall retain a copy of the
17    Worker's Statement and shall transmit a copy to the
18    Comptroller Department. A cemetery authority, however,
19    shall not transmit copies of Worker's Statements until the
20    cemetery authority receives a license under this Act. The
21    Comptroller Department shall issue a cemetery worker card
22    or other record of acknowledgment to an individual who
23    submits a Worker's Statement, but in no event shall the
24    Comptroller Department impose a fee to comply with the
25    requirements of this Section.
26    (b) Each cemetery authority shall maintain a record of each

 

 

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1cemetery worker that is accessible to the Comptroller
2Department. The record shall contain the following
3information:
4        (1) A photograph taken within 10 days of the date that
5    the cemetery worker commences work with the cemetery
6    authority. The photograph shall be replaced with a current
7    photograph no later than 4 calendar years after the date on
8    which the cemetery worker commences work and every 4 years
9    thereafter. The photo may consist of the worker's driver's
10    license.
11        (2) The Worker's Statement specified in subsection (a)
12    of this Section.
13        (3) All correspondence or documents relating to the
14    character and integrity of the cemetery worker received by
15    the cemetery authority from any former employer, cemetery
16    association, government agency, or law enforcement agency.
17    (c) A cemetery authority may furnish a worker
18identification card to each cemetery worker. If the cemetery
19authority issues worker identification cards, then it shall
20confiscate the worker identification card of any worker whose
21employment or contract is terminated.
22(Source: P.A. 96-863, eff. 3-1-10.)
 
23    (225 ILCS 411/10-23)
24    (Section scheduled to be repealed on January 1, 2021)
25    Sec. 10-23. Code of Professional Conduct and Ethics. The

 

 

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1Comptroller Department shall adopt a Code of Professional
2Conduct and Ethics by rule. Cemetery authorities, cemetery
3managers, and customer service employees shall abide by the
4Code of Professional Conduct and Ethics.
5(Source: P.A. 96-863, eff. 3-1-10.)
 
6    (225 ILCS 411/10-25)
7    (Section scheduled to be repealed on January 1, 2021)
8    Sec. 10-25. Examination; failure or refusal to take the
9examination.
10    (a) The Comptroller Department shall authorize
11examinations of cemetery manager and customer service employee
12applicants at such times and places as it may determine. The
13examinations shall fairly test an applicant's qualifications
14to practice as cemetery manager or customer service employee,
15whatever the case may be, and knowledge of the theory and
16practice of cemetery operation and management or cemetery
17customer service, whichever is applicable. The examination
18shall further test the extent to which the applicant
19understands and appreciates that the final disposal of a
20deceased human body should be attended with appropriate
21observance and understanding, having due regard and respect for
22the reverent care of the human body and for those bereaved and
23for the overall spiritual dignity of an individual.
24    (a-5) The examinations for cemetery manager and customer
25service employee shall be appropriate for cemetery

 

 

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1professionals and shall not cover mortuary science.
2    (a-10) The examinations for cemetery manager and customer
3service employee applicants shall be tiered, as determined by
4rule, to account for the different amount of knowledge needed
5by such applicants depending on their job duties and the number
6of interments, inurnments, and entombments per year at the
7cemetery at which they work.
8    (b) Applicants for examinations shall pay, either to the
9Comptroller Department or to the designated testing service, a
10fee covering the cost of providing the examination. Failure to
11appear for the examination on the scheduled date at the time
12and place specified after the application for examination has
13been received and acknowledged by the Comptroller Department or
14the designated testing service shall result in forfeiture of
15the examination fee.
16    (c) If the applicant neglects, fails, or refuses to take an
17examination or fails to pass an examination for a license under
18this Act within one year after filing an application, then the
19application shall be denied. However, the applicant may
20thereafter submit a new application accompanied by the required
21fee. The applicant shall meet the requirements in force at the
22time of making the new application.
23    (d) The Comptroller Department may employ consultants for
24the purpose of preparing and conducting examinations.
25    (e) The Comptroller Department shall have the authority to
26adopt or recognize, in part or in whole, examinations prepared,

 

 

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1administered, or graded by other organizations in the cemetery
2industry that are determined appropriate to measure the
3qualifications of an applicant for licensure.
4(Source: P.A. 96-863, eff. 3-1-10.)
 
5    (225 ILCS 411/10-30)
6    (Section scheduled to be repealed on January 1, 2021)
7    Sec. 10-30. Continuing education. The Comptroller
8Department shall adopt rules for continuing education of
9cemetery managers and customer service employees. The
10continuing education requirements for cemetery managers and
11customer service employees shall be tiered, as determined by
12rule, to account for the different amount of knowledge needed
13by such applicants depending on their job duties and the number
14of interments, inurnments, and entombments per year at the
15cemetery at which they work. The Comptroller Department shall
16strive to keep the costs of any continuing education program
17imposed on a cemetery authority minimal. The requirements of
18this Section apply to any person seeking renewal or restoration
19under Section 10-40 of this Act.
20(Source: P.A. 96-863, eff. 3-1-10.)
 
21    (225 ILCS 411/10-45)
22    (Section scheduled to be repealed on January 1, 2021)
23    Sec. 10-45. Transfer or sale, preservation of license,
24liability for shortage.

 

 

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1    (a) In the case of a sale of any cemetery or any part
2thereof or of any related personal property by a cemetery
3authority to a purchaser or pursuant to foreclosure
4proceedings, except the sale of burial rights, services, or
5merchandise to a person for his or her personal or family
6burial or interment, the purchaser is liable for any shortages
7existing before or after the sale in the care funds required to
8be maintained in a trust pursuant to this Act and shall honor
9all instruments issued under Article 15 of this Act for that
10cemetery. Any shortages existing in the care funds constitute a
11prior lien in favor of the trust for the total value of the
12shortages and notice of such lien shall be provided in all
13sales instruments.
14    (b) In the event of a sale or transfer of all or
15substantially all of the assets of the cemetery authority, the
16sale or transfer of the controlling interest of the corporate
17stock of the cemetery authority, if the cemetery authority is a
18corporation, or the sale or transfer of the controlling
19interest of the partnership, if the cemetery authority is a
20partnership, or the sale or transfer of the controlling
21membership, if the cemetery authority is a limited liability
22company, the cemetery authority shall, at least 30 days prior
23to the sale or transfer, notify the Comptroller Department, in
24writing, of the pending date of sale or transfer so as to
25permit the Comptroller Department to audit the books and
26records of the cemetery authority. The audit must be commenced

 

 

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1within 10 business days of the receipt of the notification and
2completed within the 30-day notification period unless the
3Comptroller Department notifies the cemetery authority during
4that period that there is a basis for determining a deficiency
5that will require additional time to finalize. The sale or
6transfer may not be completed by the cemetery authority unless
7and until:
8        (1) the Comptroller Department has completed the audit
9    of the cemetery authority's books and records;
10        (2) any delinquency existing in the care funds has been
11    paid by the cemetery authority or arrangements
12    satisfactory to the Comptroller Department have been made
13    by the cemetery authority on the sale or transfer for the
14    payment of any delinquency; and
15        (3) the Comptroller Department issues a new cemetery
16    authority license upon application of the newly controlled
17    corporation or partnership, which license must be applied
18    for at least 30 days prior to the anticipated date of the
19    sale or transfer, subject to the payment of any
20    delinquencies, if any, as stated in item (2) of this
21    subsection (b).
22    (c) In the event of a sale or transfer of any cemetery
23land, including any portion of cemetery land in which no human
24remains have been interred, a licensee shall, at least 45 days
25prior to the sale or transfer, notify the Comptroller
26Department, in writing, of the pending sale or transfer. With

 

 

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1the notification, the cemetery authority shall submit
2information to the Comptroller Department, which may include a
3copy of a portion of the cemetery map showing the land to be
4sold or transferred, to enable the Comptroller Department to
5determine whether any human remains are interred, inurned, or
6entombed within the land to be sold or transferred and whether
7consumers have rights of interment, inurnment, or entombment
8within the land to be sold or transferred.
9    (d) For purposes of this Section, a person who acquires the
10cemetery through a real estate foreclosure shall be subject to
11the provisions of this Section pertaining to the purchaser,
12including licensure.
13(Source: P.A. 96-863, eff. 3-1-10.)
 
14    (225 ILCS 411/10-50)
15    (Section scheduled to be repealed on January 1, 2021)
16    Sec. 10-50. Dissolution. Where any licensed cemetery
17authority or any trustee thereof has accepted care funds within
18the meaning of this Act, and dissolution is sought by such
19cemetery authority in any manner, by resolution of such
20cemetery authority, or the trustees thereof, notice shall be
21given to the Comptroller Department of such intention to
22dissolve and proper disposition shall be made of the care funds
23so held for the general benefit of such lot owners by or for
24the benefit of such cemetery authority, as provided by law, or
25in accordance with the trust provisions of any gift, grant,

 

 

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1contribution, payment, legacy, or pursuant to any contract
2whereby such funds were created. The Comptroller Department,
3represented by the Attorney General, may apply to the circuit
4court for the appointment of a receiver, trustee, successor in
5trust, or for directions of such court as to the proper
6disposition to be made of such care funds, to the end that the
7uses and purposes for which such trust or care funds were
8created may be accomplished, and for proper continued operation
9of the cemetery.
10(Source: P.A. 96-863, eff. 3-1-10.)
 
11    (225 ILCS 411/10-55)
12    (Section scheduled to be repealed on January 1, 2021)
13    Sec. 10-55. Fees.
14    (a) Except as provided in subsection (b) of this Section,
15the fees for the administration and enforcement of this Act,
16including, but not limited to, original licensure, renewal, and
17restoration fees, shall be set by the Comptroller Department by
18rule. The fees shall be reasonable and shall not be refundable.
19    (b) Applicants for examination shall be required to pay,
20either to the Comptroller Department or the designated testing
21service, a fee covering the cost of providing the examination.
22    (c) All fees and other moneys collected under this Act
23shall be deposited in the Cemetery Oversight Licensing and
24Disciplinary Fund.
25(Source: P.A. 96-863, eff. 3-1-10.)
 

 

 

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1    (225 ILCS 411/10-60)
2    (Section scheduled to be repealed on January 1, 2021)
3    Sec. 10-60. Returned checks; fines. Any person who
4delivers a check or other payment to the Comptroller Department
5that is returned to the Comptroller Department unpaid by the
6financial institution upon which it is drawn shall pay to the
7Comptroller Department, in addition to the amount already owed
8to the Comptroller Department, a fine of $50. The fines imposed
9by this Section are in addition to any other discipline
10provided under this Act for unlicensed practice or practice on
11a non-renewed license. The Comptroller Department shall notify
12the person that payment of fees and fines shall be paid to the
13Comptroller Department by certified check or money order within
1430 calendar days of the notification. If, after the expiration
15of 30 days from the date of the notification, the person has
16failed to submit the necessary remittance, the Comptroller
17Department shall automatically terminate the license or deny
18the application, without hearing.
19    If, after termination or denial, the person seeks a
20license, then he or she shall apply to the Comptroller
21Department for restoration or issuance of the license and pay
22all fees and fines due to the Comptroller Department. The
23Comptroller Department may establish a fee for the processing
24of an application for restoration of a license to pay all
25expenses of processing this application. The Comptroller

 

 

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1Secretary may waive the fines due under this Section in
2individual cases where the Comptroller Secretary finds that the
3fines would be unreasonable or unnecessarily burdensome.
4(Source: P.A. 96-863, eff. 3-1-10.)
 
5    (225 ILCS 411/15-15)
6    (Section scheduled to be repealed on January 1, 2021)
7    Sec. 15-15. Care funds; deposits; investments.
8    (a) Whenever a cemetery authority accepts care funds,
9either in connection with the sale or giving away at an imputed
10value of an interment right, entombment right, or inurnment
11right, or in pursuance of a contract, or whenever, as a
12condition precedent to the purchase or acceptance of an
13interment right, entombment right, or inurnment right, such
14cemetery authority shall establish a care fund or deposit the
15funds in an already existing care fund.
16    (b) The cemetery authority shall execute and deliver to the
17person from whom it received the care funds an instrument in
18writing that shall specifically state: (i) the nature and
19extent of the care to be furnished and (ii) that such care
20shall be furnished only in so far as net income derived from
21the amount deposited in trust will permit (the income from the
22amount so deposited, less necessary expenditures of
23administering the trust, shall be deemed the net income).
24    (c) The setting-aside and deposit of care funds shall be
25made by such cemetery authority no later than 30 days after the

 

 

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1close of the month in which the cemetery authority gave away
2for an imputed value or received the final payment on the
3purchase price of interment rights, entombment rights, or
4inurnment rights, or received the final payment for the general
5or special care of a lot, grave, crypt, or niche or of a family
6mausoleum, memorial, marker, or monument, and such amounts
7shall be held by the trustee of the care funds of such cemetery
8authority in trust and in perpetuity for the specific purposes
9stated in the written instrument described in subsection (b).
10For all care funds received by a cemetery authority, except for
11care funds received by a cemetery authority pursuant to a
12specific gift, grant, contribution, payment, legacy, or
13contract that are subject to investment restrictions more
14restrictive than the investment provisions set forth in this
15Act, and except for care funds otherwise subject to a trust
16agreement executed by a person or persons responsible for
17transferring the specific gift, grant, contribution, payment,
18or legacy to the cemetery authority that contains investment
19restrictions more restrictive than the investment provisions
20set forth in this Act, the cemetery authority may, without the
21necessity of having to obtain prior approval from any court in
22this State, designate a new trustee in accordance with this Act
23and invest the care funds in accordance with this Section,
24notwithstanding any contrary limitation contained in the trust
25agreement.
26    (d) Any cemetery authority engaged in selling or giving

 

 

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1away at an imputed value interment rights, entombment rights,
2or inurnment rights, in conjunction with the selling or giving
3away at an imputed value any other merchandise or services not
4covered by this Act, shall be prohibited from increasing the
5sales price or imputed value of those items not requiring a
6care fund deposit under this Act with the purpose of allocating
7a lesser sales price or imputed value to items that require a
8care fund deposit.
9    (e) If any sale that requires a deposit to a cemetery
10authority's care fund is made by a cemetery authority on an
11installment basis, and the installment contract is factored,
12discounted, or sold to a third party, then the cemetery
13authority shall deposit the amount due to the care fund within
1430 days after the close of the month in which the installment
15contract was factored, discounted, or sold. If, subsequent to
16such deposit, the purchaser defaults on the contract such that
17no care fund deposit on that contract would have been required,
18then the cemetery authority may apply the amount deposited as a
19credit against future required deposits.
20    (f) The trust authorized by this Section shall be a single
21purpose trust fund. In the event of the cemetery authority's
22bankruptcy, insolvency, or assignment for the benefit of
23creditors, or an adverse judgment, the trust funds shall not be
24available to any creditor as assets of the cemetery authority
25or to pay any expenses of any bankruptcy or similar proceeding,
26but shall be retained intact to provide for the future

 

 

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1maintenance of the cemetery. Except in an action by the
2Comptroller Department to revoke a license issued pursuant to
3this Act and for creation of a receivership as provided in this
4Act, the trust shall not be subject to judgment, execution,
5garnishment, attachment, or other seizure by process in
6bankruptcy or otherwise, nor to sale, pledge, mortgage, or
7other alienation, and shall not be assignable except as
8approved by the Comptroller Department.
9(Source: P.A. 96-863, eff. 3-1-10.)
 
10    (225 ILCS 411/15-40)
11    (Section scheduled to be repealed on January 1, 2021)
12    Sec. 15-40. Trust examinations and audits.
13    (a) The Comptroller Department shall examine at least
14annually every licensee who holds $250,000 or more in its care
15funds. For that purpose, the Comptroller Department shall have
16free access to the office and places of business and to such
17records of all licensees and of all trustees of the care funds
18of all licensees as shall relate to the acceptance, use, and
19investment of care funds. The Comptroller Department may
20require the attendance of and examine under oath all persons
21whose testimony may be required relative to such business. In
22such cases the Comptroller Department, or any qualified
23representative of the Comptroller Department whom the
24Comptroller Department may designate, may administer oaths to
25all such persons called as witnesses, and the Comptroller

 

 

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1Department, or any such qualified representative of the
2Comptroller Department, may conduct such examinations. The
3cost of an initial examination shall be determined by rule.
4    (b) The Comptroller Department may order additional audits
5or examinations as it may deem necessary or advisable to ensure
6the safety and stability of the trust funds and to ensure
7compliance with this Act. These additional audits or
8examinations shall only be made after good cause is established
9by the Comptroller Department in the written order. The grounds
10for ordering these additional audits or examinations may
11include, but shall not be limited to:
12        (1) material and unverified changes or fluctuations in
13    trust balances;
14        (2) the licensee changing trustees more than twice in
15    any 12-month period;
16        (3) any withdrawals or attempted withdrawals from the
17    trusts in violation of this Act; or
18        (4) failure to maintain or produce documentation
19    required by this Act.
20(Source: P.A. 96-863, eff. 3-1-10.)
 
21    (225 ILCS 411/20-5)
22    (Section scheduled to be repealed on January 1, 2021)
23    Sec. 20-5. Maintenance and records.
24    (a) A cemetery authority shall provide reasonable
25maintenance of the cemetery property and of all lots, graves,

 

 

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1crypts, and columbariums in the cemetery based on the type and
2size of the cemetery, topographic limitations, and contractual
3commitments with consumers. Subject to the provisions of this
4subsection (a), reasonable maintenance includes:
5        (1) the laying of seed, sod, or other suitable ground
6    cover as soon as practical following an interment given the
7    weather conditions, climate, and season and the
8    interment's proximity to ongoing burial activity;
9        (2) the cutting of lawn throughout the cemetery at
10    reasonable intervals to prevent an overgrowth of grass and
11    weeds given the weather conditions, climate, and season;
12        (3) the trimming of shrubs to prevent excessive
13    overgrowth;
14        (4) the trimming of trees to remove dead limbs;
15        (5) keeping in repair the drains, water lines, roads,
16    buildings, fences, and other structures; and
17        (6) keeping the cemetery premises free of trash and
18    debris.
19    Reasonable maintenance by the cemetery authority shall not
20preclude the exercise of lawful rights by the owner of an
21interment, inurnment, or entombment right, or by the decedent's
22immediate family or other heirs, in accordance with reasonable
23rules and regulations of the cemetery or other agreement of the
24cemetery authority.
25    In the case of a cemetery dedicated as a nature preserve
26under the Illinois Natural Areas Preservation Act, reasonable

 

 

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1maintenance by the cemetery authority shall be in accordance
2with the rules and master plan governing the dedicated nature
3preserve.
4    The Comptroller Department shall adopt rules to provide
5greater detail as to what constitutes the reasonable
6maintenance required under this Section. The rules shall
7differentiate between cemeteries based on, among other things,
8the size and financial strength of the cemeteries. The rules
9shall also provide a reasonable opportunity for a cemetery
10authority accused of violating the provisions of this Section
11to cure any such violation in a timely manner given the weather
12conditions, climate, and season before the Comptroller
13Department initiates formal proceedings.
14    (b) A cemetery authority, before commencing cemetery
15operations or within 6 months after the effective date of this
16Act, shall cause an overall map of its cemetery property,
17delineating all lots or plots, blocks, sections, avenues,
18walks, alleys, and paths and their respective designations, to
19be filed at its on-site office, or if it does not maintain an
20on-site office, at its principal place of business. A cemetery
21manager's certificate acknowledging, accepting, and adopting
22the map shall also be included with the map. The Comptroller
23Department may order that the cemetery authority obtain a
24cemetery plat and that it be filed at its on-site office, or if
25it does not maintain an on-site office, at its principal place
26of business only in the following circumstances:

 

 

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1        (1) the cemetery authority is expanding or altering the
2    cemetery grounds; or
3        (2) a human body that should have been interred,
4    entombed, or inurned at the cemetery is missing, displaced,
5    or dismembered and the cemetery map contains serious
6    discrepancies.
7    In exercising this discretion, the Comptroller Department
8shall consider whether the cemetery authority would experience
9an undue hardship as a result of obtaining the plat. The
10cemetery plat, as with all plats prepared under this Act, shall
11comply with the Illinois Professional Land Surveyor Act of 1989
12and shall delineate, describe, and set forth all lots or plots,
13blocks, sections, avenues, walks, alleys, and paths and their
14respective designations. A cemetery manager's certificate
15acknowledging, accepting, and adopting the plat shall also be
16included with the plat.
17    (b-5) A cemetery authority shall maintain an index that
18associates the identity of deceased persons interred,
19entombed, or inurned after the effective date of this Act with
20their respective place of interment, entombment, or inurnment.
21    (c) The cemetery authority shall open the cemetery map or
22plat to public inspection. The cemetery authority shall make
23available a copy of the overall cemetery map or plat upon
24written request and shall, if practical, provide a copy of a
25segment of the cemetery plat where interment rights are located
26upon the payment of reasonable photocopy fees. Any unsold lots,

 

 

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1plots, or parts thereof, in which there are not human remains,
2may be resurveyed and altered in shape or size and properly
3designated on the cemetery map or plat. However, sold lots,
4plots, or parts thereof in which there are human remains may
5not be renumbered or renamed. Nothing contained in this
6subsection, however, shall prevent the cemetery authority from
7enlarging an interment right by selling to its owner the excess
8space next to the interment right and permitting interments
9therein, provided reasonable access to the interment right and
10to adjoining interment rights is not thereby eliminated.
11    (d) A cemetery authority shall keep a record of every
12interment, entombment, and inurnment completed after the
13effective date of this Act. The record shall include the
14deceased's name, age, date of burial, and parcel identification
15number identifying where the human remains are interred,
16entombed, or inurned. The record shall also include the unique
17personal identifier as may be further defined by rule, which is
18the parcel identification number in addition to the term of
19burial in years; the numbered level or depth in the grave,
20plot, crypt, or niche; and the year of death.
21    (e) (Blank).
22    (f) A cemetery authority shall make available for
23inspection and, upon reasonable request and the payment of a
24reasonable copying fee, provide a copy of its rules and
25regulations. A cemetery authority shall make available for
26viewing and provide a copy of its current prices of interment,

 

 

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1inurnment, or entombment rights.
2    (g) A cemetery authority shall provide access to the
3cemetery under the cemetery authority's reasonable rules and
4regulations.
5    (h) A cemetery authority shall be responsible for the
6proper opening and closing of all graves, crypts, or niches for
7human remains in any cemetery property it owns.
8    (i) Any corporate or other business organization trustee of
9the care funds of every licensed cemetery authority shall be
10located in or a resident of this State. The licensed cemetery
11authority and the trustee of care funds shall keep in this
12State and use in its business such books, accounts, and records
13as will enable the Comptroller Department to determine whether
14such licensee or trustee is complying with the provisions of
15this Act and with the rules, regulations, and directions made
16by the Comptroller Department under this Act. The licensed
17cemetery authority shall keep the books, accounts, and records
18in electronic or written format at the location identified in
19the license issued by the Comptroller Department or as
20otherwise agreed by the Comptroller Department in writing. The
21books, accounts, and records shall be accessible for review
22upon demand of the Comptroller Department.
23(Source: P.A. 96-863, eff. 3-1-10.)
 
24    (225 ILCS 411/20-6)
25    (Section scheduled to be repealed on January 1, 2021)

 

 

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1    Sec. 20-6. Cemetery Oversight Database.
2    (a) Within 10 business days after an interment, entombment,
3or inurnment of human remains, the cemetery manager shall cause
4a record of the interment, entombment, or inurnment to be
5entered into the Cemetery Oversight Database. The requirement
6of this subsection (a) also applies in any instance in which
7human remains are relocated.
8    (b) Within 9 months after the effective date of this Act,
9the Comptroller Department shall certify a database as the
10Cemetery Oversight Database. Upon certifying the database, the
11Comptroller Department shall:
12        (1) provide reasonable notice to cemetery authorities
13    identifying the database; and
14        (2) immediately upon certification, require each
15    cemetery authority to use the Cemetery Oversight Database
16    as a means of complying with subsection (a).
17    (c) In certifying the Cemetery Oversight Database, the
18Comptroller Department shall ensure that the database:
19        (1) provides real-time access through an Internet
20    connection or, if real-time access through an Internet
21    connection becomes unavailable due to technical problems
22    with the Cemetery Oversight Database incurred by the
23    database provider or if obtaining use of an Internet
24    connection would be an undue hardship on the cemetery
25    authority, through alternative mechanisms, including, but
26    not limited to, telephone;

 

 

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1        (2) is accessible to the Comptroller Department and to
2    cemetery managers in order to ensure compliance with this
3    Act and in order to provide any other information that the
4    Comptroller Department deems necessary;
5        (3) requires cemetery authorities to input whatever
6    information required by the Comptroller Department;
7        (4) maintains a real-time copy of the required
8    reporting information that is available to the Comptroller
9    Department at all times and is the property of the
10    Comptroller Department; and
11        (5) contains safeguards to ensure that all information
12    contained in the Cemetery Oversight Database is secure.
13    (d) A cemetery authority may rely on the information
14contained in the Cemetery Oversight Database as accurate and is
15not subject to any administrative penalty or liability as a
16result of relying on inaccurate information contained in the
17database.
18    (e) The Cemetery Oversight Database provider shall
19indemnify cemetery authorities against all claims and actions
20arising from illegal, willful, or wanton acts on the part of
21the Database provider. The Cemetery Oversight Database
22provider shall at all times maintain an electronic backup copy
23of the information it receives pursuant to subsection (a).
24(Source: P.A. 96-863, eff. 3-1-10.)
 
25    (225 ILCS 411/20-20)

 

 

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1    (Section scheduled to be repealed on January 1, 2021)
2    Sec. 20-20. Display of license. Every cemetery authority,
3cemetery manager, and customer service employee license issued
4by the Comptroller Department shall state the number of the
5license and the address at which the business is to be
6conducted. Such license shall be kept conspicuously posted in
7the place of business of the licensee and shall not be
8transferable or assignable. Nothing in this Act shall prevent
9an individual from acting as a licensed cemetery manager or
10customer service employee for more than one cemetery. A
11cemetery manager or customer service employee who works at more
12than one cemetery shall display an original version of his or
13her license at each location for which the individual serves as
14a cemetery manager or customer service employee.
15(Source: P.A. 96-863, eff. 3-1-10.)
 
16    (225 ILCS 411/20-25)
17    (Section scheduled to be repealed on January 1, 2021)
18    Sec. 20-25. Annual report. Each licensed cemetery
19authority shall annually, on or before April 15, file a report
20with the Comptroller Department giving such information as the
21Comptroller Department may reasonably require concerning the
22business and operations during the preceding calendar year as
23provided for by rule. The report must be received by the
24Comptroller Department on or before April 15, unless such date
25is extended for reasonable cause up to 90 days by the

 

 

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1Comptroller Department. The report shall be made under oath and
2in a form prescribed by the Comptroller Department. The
3Comptroller Department may fine each licensee an amount as
4determine by rule for each day beyond April 15 the report is
5filed.
6(Source: P.A. 96-863, eff. 3-1-10.)
 
7    (225 ILCS 411/20-30)
8    (Section scheduled to be repealed on January 1, 2021)
9    Sec. 20-30. Signage. The Comptroller Department shall
10create, and each cemetery authority shall conspicuously post
11signs in English and Spanish in each cemetery office that
12contain the Comptroller's Department's consumer hotline
13number, information on how to file a complaint, and whatever
14other information that the Comptroller Department deems
15appropriate.
16(Source: P.A. 96-863, eff. 3-1-10.)
 
17    (225 ILCS 411/22-1)
18    (Section scheduled to be repealed on January 1, 2021)
19    Sec. 22-1. Cemetery association requirements. The
20requirements of this Article apply to those entities formed as
21and acting as cemetery associations that act as a cemetery and
22are otherwise exempt from this Act pursuant to Section 5-20 of
23this Act. A cemetery association offering or providing services
24as a cemetery that is exempt pursuant to Section 5-20 of this

 

 

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1Act shall remain subject to the provisions of this Article and
2its requirements, mandates, and discipline in accordance with
3the provisions of this Act. Any cemetery association not exempt
4in accordance with Section 5-20 of this Act shall obtain a
5license from the Comptroller Department in accordance with the
6provisions of this Act and shall remain subject to all
7provisions of this Act.
8(Source: P.A. 96-863, eff. 3-1-10.)
 
9    (225 ILCS 411/22-3)
10    (Section scheduled to be repealed on January 1, 2021)
11    Sec. 22-3. Certificate of organization. Any person who has
12received a certificate of organization from the Secretary of
13State must record the certificate of organization with the
14recorder's office of the county in which the cemetery is
15situated, and when so recorded, the association shall be deemed
16fully organized as a body corporate under the name adopted and
17in its corporate name may sue and be sued. Whenever two-thirds
18of the trustees of the cemetery association approve a
19resolution to change the name of the cemetery association, a
20copy of such resolution and approval thereof duly certified by
21the President and Secretary of the association shall be filed
22with the Comptroller Department and upon approval thereof shall
23be filed in the Office of the Secretary of State. Whenever
24two-thirds of the trustees of a cemetery association approve a
25resolution to dissolve the association, a copy of such

 

 

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1resolution and approval of the trustees of the cemetery
2association duly certified by the President and Secretary shall
3be submitted to the Comptroller Department, and if approved by
4the Comptroller Department, a copy of such resolution and
5approval of the Comptroller Department shall be duly filed by
6the Comptroller Department in the Office of the Secretary of
7State. If the association has care funds as defined in this
8Act, the Comptroller Department shall not approve the
9dissolution of any cemetery association unless proper
10disposition has been made of such care funds, as provided by
11law, and in accordance with this Act. Upon the filing of the
12resolution of either change of name or dissolution of such
13cemetery association in the Office of the Secretary of State,
14such change of name or dissolution of such cemetery association
15shall be complete. The Comptroller Department shall so notify
16the trustees of such cemetery association. Thereupon the
17trustees shall cause a copy of such resolution of either change
18of name or dissolution to be recorded in the recorder's office
19of the county where the cemetery is situated.
20(Source: P.A. 96-863, eff. 3-1-10.)
 
21    (225 ILCS 411/22-4)
22    (Section scheduled to be repealed on January 1, 2021)
23    Sec. 22-4. Cemetery association composition; board of
24trustees. A cemetery association meeting the requirements set
25forth in Section 22-3 of this Act shall proceed to elect from

 

 

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1their own number a board of trustees for the association. The
2board shall consist of not less than 6 and not more than 10
3members. The trustees, once elected, shall immediately
4organize by electing from their own membership a president,
5vice president, and treasurer, and shall also elect a
6secretary, who may or may not be a member of the board of
7trustees. The officers shall hold their respective offices for
8and during the period of one year, and until their successors
9are duly elected and qualified. Trustees, once elected, shall
10divide themselves by lot into 2 classes, the first of which
11shall hold their offices for a period of 3 years, and the
12second of which shall hold their offices for a period of 6
13years. Thereafter the term of office of the trustees shall be 6
14years. Upon the expiration of the term of office of any of the
15trustees, or the resignation or death or removal from the State
16of Illinois of any trustees, or their removal from office as
17provided in this Act, the remaining trustees shall fill the
18vacancy by electing a person residing in the county where the
19cemetery is located for a new 6-year term or, if no one can be
20nominated, the President of the cemetery association shall
21notify the Comptroller Department of such vacancy or vacancies
22in writing. Thereafter the Comptroller Department shall fill
23the vacancy or vacancies by appointing a suitable person or
24persons as trustees. In making such appointments, the
25Comptroller Department shall exercise its power such that at
26least two-thirds of the trustees shall be selected from

 

 

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1suitable persons residing within 15 miles of the cemetery, or
2some part thereof, and the other appointees may be suitable
3persons interested in said cemetery association through family
4interments or otherwise who are citizens of the State of
5Illinois.
6(Source: P.A. 96-863, eff. 3-1-10.)
 
7    (225 ILCS 411/22-10)
8    (Section scheduled to be repealed on January 1, 2021)
9    Sec. 22-10. Annual reports. The board of trustees for any
10cemetery association that is exempt in accordance with the
11provisions of this Act and subject to the provisions of this
12Article shall annually prepare and file with the Comptroller
13Department the report required to be filed by a licensee under
14Section 20-25. The Comptroller Department shall examine such
15report to determine whether the association has fully complied
16with the requirements of this Act. If a cemetery association
17fails to submit an annual report to the Comptroller Department
18within the time specified in Section 20-25, the Comptroller
19Department shall impose upon the cemetery association a fine as
20provided for by rule for each and every day the cemetery
21licensee remains delinquent in submitting the report. Any fine
22established pursuant to this Section shall be paid within 60
23days after the effective date of the order imposing the fine
24unless such time is extended, the fine is reduced, or the fine
25is otherwise waived. The order shall constitute a judgment and

 

 

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1may be filed and execution had thereon in the same manner as
2any judgment from any court of record.
3(Source: P.A. 96-863, eff. 3-1-10.)
 
4    (225 ILCS 411/22-11)
5    (Section scheduled to be repealed on January 1, 2021)
6    Sec. 22-11. Fees; fines. Except as otherwise provided in
7this Act, the fees for the administration and enforcement of
8this Article shall be set by rule of the Comptroller
9Department. The fees shall be nonrefundable.
10(Source: P.A. 96-863, eff. 3-1-10.)
 
11    (225 ILCS 411/22-12)
12    (Section scheduled to be repealed on January 1, 2021)
13    Sec. 22-12. Deposit of fees and fines. All of the fees,
14fines, or other moneys collected by the Comptroller Department
15from cemetery associations under this Article shall be
16deposited into the Cemetery Oversight Licensing and
17Disciplinary Fund.
18(Source: P.A. 96-863, eff. 3-1-10.)
 
19    (225 ILCS 411/22-13)
20    (Section scheduled to be repealed on January 1, 2021)
21    Sec. 22-13. Injunctive relief.
22    (a) If any cemetery association otherwise exempted under
23the provisions of this Act violates any of the provisions of

 

 

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1this Article, the Comptroller Department, any interested
2party, any person injured thereby, the Attorney General of the
3State of Illinois, or the State's Attorney in the county in
4which the offense occurs may petition to the circuit court of
5the county in which the violation or some part thereof occurred
6or of the county where the association has its principal place
7of business for an order enjoining the violation or for an
8order enforcing compliance with this Act. Upon the filing of a
9verified petition in court, the court may issue a temporary
10restraining order, without notice or bond, and may
11preliminarily and permanently enjoin the violation. If it is
12established that the person has violated or is violating the
13injunction, the court may punish the offender for contempt of
14court. Proceedings under this Section shall be in addition to,
15and not in lieu of, all other remedies and penalties provided
16by this Article.
17    (b) For misconduct in office any trustee of a cemetery
18association may be removed from office by a court of competent
19jurisdiction. Any trustee of an association who converts any
20funds of an association to his or her own use or to a use other
21than that intended shall be guilty of embezzlement as provided
22by State law.
23    (c) All cemetery associations shall remain subject to the
24duties, obligations, and requirements of this Act unless
25otherwise exempted by this Act. Those cemetery associations
26exempted under this Act shall comply with the provisions of

 

 

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1this Article.
2(Source: P.A. 96-863, eff. 3-1-10.)
 
3    (225 ILCS 411/22-21)
4    (Section scheduled to be repealed on January 1, 2021)
5    Sec. 22-21. Administrative rules. The Comptroller
6Department shall have authority to adopt and implement
7administrative rules relating to all Sections under this
8Article. The rules may include, but shall not be limited to,
9rules in those areas relating to forms, fees, requirements,
10notices, discipline, and any other rule necessary to properly
11implement the intent of this Article.
12(Source: P.A. 96-863, eff. 3-1-10.)
 
13    (225 ILCS 411/25-1)
14    (Section scheduled to be repealed on January 1, 2021)
15    Sec. 25-1. Denial of license or exemption from licensure.
16If the Comptroller Department determines that an application
17for licensure or exemption from licensure should be denied
18pursuant to Section 25-10, then the applicant shall be sent a
19notice of intent to deny license or exemption from licensure
20and the applicant shall be given the opportunity to request,
21within 20 days of the notice, a hearing on the denial. If the
22applicant requests a hearing, then the Comptroller Secretary
23shall schedule a hearing within 30 days after the request for a
24hearing, unless otherwise agreed to by the parties. The

 

 

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1Comptroller Secretary shall have the authority to appoint an
2attorney duly licensed to practice law in the State of Illinois
3to serve as the hearing officer. The hearing officer shall have
4full authority to conduct the hearing. The hearing shall be
5held at the time and place designated by the Comptroller
6Secretary. The Comptroller Secretary shall have the authority
7to prescribe rules for the administration of this Section.
8(Source: P.A. 96-863, eff. 3-1-10.)
 
9    (225 ILCS 411/25-3)
10    (Section scheduled to be repealed on January 1, 2021)
11    Sec. 25-3. Exemption, investigation, mediation. All
12cemetery authorities maintaining a partial exemption must
13submit to the following investigation and mediation procedure
14by the Comptroller Department in the event of a consumer
15complaint:
16    (a) Complaints to cemetery:
17        (1) the cemetery authority shall make every effort to
18    first resolve a consumer complaint; and
19        (2) if the complaint is not resolved, then the cemetery
20    authority shall advise the consumer of his or her right to
21    seek investigation and mediation by the Comptroller
22    Department.
23    (b) Complaints to the Comptroller Department:
24        (1) if the Comptroller Department receives a
25    complaint, the Comptroller Department shall make an

 

 

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1    initial determination as to whether the complaint has a
2    reasonable basis and pertains to this Act;
3        (2) if the Comptroller Department determines that the
4    complaint has a reasonable basis and pertains to this Act,
5    it shall inform the cemetery authority of the complaint and
6    give it 30 days to tender a response;
7        (3) upon receiving the cemetery authority's response,
8    or after the 30 days provided in subsection (2) of this
9    subsection, whichever comes first, the Comptroller
10    Department shall attempt to resolve the complaint
11    telephonically with the parties involved;
12        (4) if the complaint still is not resolved, then the
13    Comptroller Department shall conduct an investigation and
14    mediate the complaint as provided for by rule;
15        (5) if the Comptroller Department conducts an on-site
16    investigation and face-to-face mediation with the parties,
17    then it may charge the cemetery authority a single
18    investigation and mediation fee, which fee shall be set by
19    rule and shall be calculated on an hourly basis; and
20        (6) if all attempts to resolve the consumer complaint
21    as provided for in paragraphs (1) through (5) fail, then
22    the cemetery authority may be subject to proceedings for
23    penalties and discipline under this Article when it is
24    determined by the Comptroller Department that the cemetery
25    authority may have engaged in any of the following: (i)
26    gross malpractice; (ii) dishonorable, unethical, or

 

 

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1    unprofessional conduct of a character likely to deceive,
2    defraud, or harm the public; (iii) gross, willful, or
3    continued overcharging for services; (iv) incompetence;
4    (v) unjustified failure to honor its contracts; or (vi)
5    failure to adequately maintain its premises. The
6    Comptroller Department may issue a citation or institute
7    disciplinary action and cause the matter to be prosecuted
8    and may thereafter issue and enforce its final order as
9    provided in this Act.
10(Source: P.A. 96-863, eff. 3-1-10.)
 
11    (225 ILCS 411/25-5)
12    (Section scheduled to be repealed on January 1, 2021)
13    Sec. 25-5. Citations.
14    (a) The Comptroller Department may adopt rules to permit
15the issuance of citations for non-frivolous complaints. The
16citation shall be issued to the licensee and shall contain the
17licensee's name and address, the licensee's license number, a
18brief factual statement, the Sections of the law allegedly
19violated, and the penalty imposed. The citation must clearly
20state that the licensee may choose, in lieu of accepting the
21citation, to request a hearing. If the licensee does not
22dispute the matter in the citation with the Comptroller
23Department within 30 days after the citation is served, then
24the citation shall become a final order and shall constitute
25discipline. The penalty shall be a fine or other conditions as

 

 

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1established by rule.
2    (b) The Comptroller Department shall adopt rules
3designating violations for which a citation may be issued. Such
4rules shall designate as citation violations those violations
5for which there is no substantial threat to the public health,
6safety, and welfare. Citations shall not be utilized if there
7was any significant consumer harm resulting from the violation.
8    (c) A citation must be issued within 6 months after the
9reporting of a violation that is the basis for the citation.
10    (d) Service of a citation may be made by personal service
11or certified mail to the licensee at the licensee's address of
12record.
13(Source: P.A. 96-863, eff. 3-1-10.)
 
14    (225 ILCS 411/25-10)
15    (Section scheduled to be repealed on January 1, 2021)
16    Sec. 25-10. Grounds for disciplinary action.
17    (a) The Comptroller Department may refuse to issue or renew
18a license or may revoke, suspend, place on probation,
19reprimand, or take other disciplinary action as the Comptroller
20Department may deem appropriate, including imposing fines not
21to exceed $10,000 for each violation, with regard to any
22license under this Act, for any one or combination of the
23following:
24        (1) Material misstatement in furnishing information to
25    the Comptroller Department.

 

 

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1        (2) Violations of this Act, except for Section 20-8, or
2    of the rules adopted under this Act.
3        (3) Conviction of, or entry of a plea of guilty or nolo
4    contendere to, any crime within the last 10 years that is a
5    Class X felony or is a felony involving fraud and
6    dishonesty under the laws of the United States or any state
7    or territory thereof.
8        (4) Making any misrepresentation for the purpose of
9    obtaining licensure or violating any provision of this Act
10    or the rules adopted under this Act.
11        (5) Professional incompetence.
12        (6) Gross malpractice.
13        (7) Aiding or assisting another person in violating any
14    provision of this Act or rules adopted under this Act.
15        (8) Failing, within 10 business days, to provide
16    information in response to a written request made by the
17    Comptroller Department.
18        (9) Engaging in dishonorable, unethical, or
19    unprofessional conduct of a character likely to deceive,
20    defraud, or harm the public.
21        (10) Inability to practice with reasonable judgment,
22    skill, or safety as a result of habitual or excessive use
23    of alcohol, narcotics, stimulants, or any other chemical
24    agent or drug.
25        (11) Discipline by another state, District of
26    Columbia, territory, or foreign nation, if at least one of

 

 

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1    the grounds for the discipline is the same or substantially
2    equivalent to those set forth in this Section.
3        (12) Directly or indirectly giving to or receiving from
4    any person, firm, corporation, partnership, or association
5    any fee, commission, rebate, or other form of compensation
6    for professional services not actually or personally
7    rendered.
8        (13) A finding by the Comptroller Department that the
9    licensee, after having his or her license placed on
10    probationary status, has violated the terms of probation.
11        (14) Willfully making or filing false records or
12    reports in his or her practice, including, but not limited
13    to, false records filed with any governmental agency or
14    department.
15        (15) Inability to practice the profession with
16    reasonable judgment, skill, or safety.
17        (16) Failure to file an annual report or to maintain in
18    effect the required bond or to comply with an order,
19    decision, or finding of the Comptroller Department made
20    pursuant to this Act.
21        (17) Directly or indirectly receiving compensation for
22    any professional services not actually performed.
23        (18) Practicing under a false or, except as provided by
24    law, an assumed name.
25        (19) Fraud or misrepresentation in applying for, or
26    procuring, a license under this Act or in connection with

 

 

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1    applying for renewal of a license under this Act.
2        (20) Cheating on or attempting to subvert the licensing
3    examination administered under this Act.
4        (21) Unjustified failure to honor its contracts.
5        (22) Negligent supervision of a cemetery manager,
6    customer service employee, cemetery worker, or independent
7    contractor.
8        (23) A pattern of practice or other behavior which
9    demonstrates incapacity or incompetence to practice under
10    this Act.
11        (24) Allowing an individual who is not, but is required
12    to be, licensed under this Act to perform work for the
13    cemetery authority.
14        (25) Allowing an individual who has not, but is
15    required to, submit a Worker's Statement in accordance with
16    Section 10-22 of this Act to perform work at the cemetery.
17    (b) No action may be taken under this Act against a person
18licensed under this Act unless the action is commenced within 5
19years after the occurrence of the alleged violations. A
20continuing violation shall be deemed to have occurred on the
21date when the circumstances last existed that give rise to the
22alleged violation.
23(Source: P.A. 96-863, eff. 3-1-10.)
 
24    (225 ILCS 411/25-13)
25    (Section scheduled to be repealed on January 1, 2021)

 

 

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1    Sec. 25-13. Independent contractors.
2    (a) Notwithstanding any provision of this Act to the
3contrary, a cemetery authority may, in exigent circumstances
4only, allow an unlicensed independent contractor who otherwise
5would be required to become licensed, or an independent
6contractor that has not submitted a Worker's Statement who
7otherwise would be required to submit a Worker's Statement, to
8perform work of an emergency nature on a temporary basis to
9prevent an immediate threat to public safety that could not
10have been foreseen. The cemetery authority may only permit such
11independent contractor to perform such work for so long as is
12reasonably necessary to address the emergency, but in no case
13longer than 10 days unless the Comptroller Secretary approves a
14longer period of time upon the cemetery authority's showing of
15good cause. The cemetery authority shall report the use of such
16independent contractor to the Comptroller Department on forms
17provided by the Comptroller Department and according to rules
18adopted by the Comptroller Department.
19    (b) Notwithstanding any provision of this Act to the
20contrary, a cemetery authority may allow an unlicensed
21independent contractor who otherwise would be required to
22become licensed, or an independent contractor that has not
23submitted a Worker's Statement who otherwise would be required
24to submit a Worker's Statement, to perform work on a special
25project basis, and only to perform work other than the
26following services: openings and closings of vaults and graves,

 

 

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1stone settings, inurnments, interments, entombments,
2administrative work, handling of any official burial records,
3and all other work that is customarily performed by one or more
4cemetery workers before the effective date of the Act,
5including, but not limited to, the preparation of foundations
6for memorials and routine cemetery maintenance. For purposes of
7this subsection, "routine cemetery maintenance" includes those
8activities described in items (1), (2), (3), and (6) of Section
920-5(a) of this Act.
10(Source: P.A. 96-863, eff. 3-1-10.)
 
11    (225 ILCS 411/25-14)
12    (Section scheduled to be repealed on January 1, 2021)
13    Sec. 25-14. Mandatory reports.
14    (a) If a cemetery authority receives a consumer complaint
15that is not resolved to the satisfaction of the consumer within
1660 days of the complaint, the cemetery authority shall advise
17the consumer of the right to seek investigation by the
18Comptroller Department and shall report the consumer complaint
19to the Comptroller Department within the next 30 days. Cemetery
20authorities shall report to the Comptroller Department within
2130 days after the settlement of any liability insurance claim
22or cause of action, or final judgment in any cause of action,
23that alleges negligence, fraud, theft, misrepresentation,
24misappropriation, or breach of contract.
25    (b) The State's Attorney of each county shall report to the

 

 

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1Comptroller Department all instances in which an individual
2licensed as a cemetery manager or customer service employee, or
3any individual listed on a licensed cemetery authority's
4application under this Act, is convicted or otherwise found
5guilty of the commission of any felony. The report shall be
6submitted to the Comptroller Department within 60 days after
7conviction or finding of guilty.
8(Source: P.A. 96-863, eff. 3-1-10.)
 
9    (225 ILCS 411/25-15)
10    (Section scheduled to be repealed on January 1, 2021)
11    Sec. 25-15. Cease and desist.
12    (a) The Comptroller Secretary may issue an order to cease
13and desist to any licensee or other person doing business
14without the required license when, in the opinion of the
15Comptroller Secretary, the licensee or other person is
16violating or is about to violate any provision of this Act or
17any rule or requirement imposed in writing by the Comptroller
18Department.
19    (b) The Comptroller Secretary may issue an order to cease
20and desist prior to a hearing and such order shall be in full
21force and effect until a final administrative order is entered.
22    (c) The Comptroller Secretary shall serve notice of his or
23her action, designated as an order to cease and desist made
24pursuant to this Section, including a statement of the reasons
25for the action, either personally or by certified mail, return

 

 

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1receipt requested. Service by certified mail shall be deemed
2completed when the notice is deposited in the United States
3mail and sent to the address of record or, in the case of
4unlicensed activity, the address known to the Comptroller
5Department.
6    (d) Within 15 days after service of the order to cease and
7desist, the licensee or other person may request, in writing, a
8hearing.
9    (e) The Comptroller Secretary shall schedule a hearing
10within 30 days after the request for a hearing unless otherwise
11agreed to by the parties.
12    (f) The Comptroller Secretary shall have the authority to
13prescribe rules for the administration of this Section.
14    (g) If, after hearing, it is determined that the
15Comptroller Secretary has the authority to issue the order to
16cease and desist, he or she may issue such orders as may be
17reasonably necessary to correct, eliminate, or remedy such
18conduct.
19    (h) The powers vested in the Comptroller Secretary by this
20Section are additional to any and all other powers and remedies
21vested in the Comptroller Secretary by law and nothing in this
22Section shall be construed as requiring that the Comptroller
23Secretary shall employ the power conferred in this Section
24instead of or as a condition precedent to the exercise of any
25other power or remedy vested in the Comptroller Secretary.
26(Source: P.A. 96-863, eff. 3-1-10.)
 

 

 

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1    (225 ILCS 411/25-25)
2    (Section scheduled to be repealed on January 1, 2021)
3    Sec. 25-25. Investigations, notice, hearings.
4    (a) The Comptroller Department may at any time investigate
5the actions of any applicant or of any person or persons
6rendering or offering to render services as a cemetery
7authority, cemetery manager, or customer service employee of or
8any person holding or claiming to hold a license as a licensed
9cemetery authority, cemetery manager, or customer service
10employee. If it appears to the Comptroller Department that a
11person has engaged in, is engaging in, or is about to engage in
12any practice declared to be unlawful by this Act, then the
13Comptroller Department may: (1) require that person to file on
14such terms as the Comptroller Department prescribes a statement
15or report in writing, under oath or otherwise, containing all
16information the Comptroller Department may consider necessary
17to ascertain whether a licensee is in compliance with this Act,
18or whether an unlicensed person is engaging in activities for
19which a license is required; (2) examine under oath any
20individual in connection with the books and records pertaining
21to or having an impact upon the operation of a cemetery or
22trust funds required to be maintained pursuant to this Act; (3)
23examine any books and records of the licensee, trustee, or
24investment advisor that the Comptroller Department may
25consider necessary to ascertain compliance with this Act; and

 

 

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1(4) require the production of a copy of any record, book,
2document, account, or paper that is produced in accordance with
3this Act and retain it in his or her possession until the
4completion of all proceedings in connection with which it is
5produced.
6    (b) The Comptroller Secretary may, after 10 days notice by
7certified mail with return receipt requested to the licensee at
8the address of record or to the last known address of any other
9person stating the contemplated action and in general the
10grounds therefor, fine such licensee an amount not exceeding
11$10,000 per violation or revoke, suspend, refuse to renew,
12place on probation, or reprimand any license issued under this
13Act if he or she finds that:
14        (1) the licensee has failed to comply with any
15    provision of this Act or any order, decision, finding,
16    rule, regulation, or direction of the Comptroller
17    Secretary lawfully made pursuant to the authority of this
18    Act; or
19        (2) any fact or condition exists which, if it had
20    existed at the time of the original application for the
21    license, clearly would have warranted the Comptroller
22    Secretary in refusing to issue the license.
23    (c) The Comptroller Secretary may fine, revoke, suspend,
24refuse to renew, place on probation, reprimand, or take any
25other disciplinary action as to the particular license with
26respect to which grounds for the fine, revocation, suspension,

 

 

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1refuse to renew, probation, or reprimand, or other disciplinary
2action occur or exist, but if the Comptroller Secretary finds
3that grounds for revocation are of general application to all
4offices or to more than one office of the licensee, the
5Comptroller Secretary shall fine, revoke, suspend, refuse to
6renew, place on probation, reprimand, or otherwise discipline
7every license to which such grounds apply.
8    (d) In every case in which a license is revoked, suspended,
9placed on probation, reprimanded, or otherwise disciplined,
10the Comptroller Secretary shall serve the licensee with notice
11of his or her action, including a statement of the reasons for
12his or her actions, either personally or by certified mail,
13return receipt requested. Service by certified mail shall be
14deemed completed when the notice is deposited in the United
15States mail and sent to the address of record.
16    (e) An order assessing a fine, an order revoking,
17suspending, placing on probation, or reprimanding a license or,
18an order denying renewal of a license shall take effect upon
19service of the order unless the licensee requests, in writing,
20within 20 days after the date of service, a hearing. In the
21event a hearing is requested, an order issued under this
22Section shall be stayed until a final administrative order is
23entered.
24    (f) If the licensee requests a hearing, then the
25Comptroller Secretary shall schedule a hearing within 30 days
26after the request for a hearing unless otherwise agreed to by

 

 

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1the parties. The Comptroller Secretary shall have the authority
2to appoint an attorney duly licensed to practice law in the
3State of Illinois to serve as the hearing officer in any
4disciplinary action with regard to a license. The hearing
5officer shall have full authority to conduct the hearing.
6    (g) The hearing shall be held at the time and place
7designated by the Comptroller Secretary.
8    (h) The Comptroller Secretary shall have the authority to
9prescribe rules for the administration of this Section.
10    (i) Fines imposed and any costs assessed shall be paid
11within 60 days.
12(Source: P.A. 96-863, eff. 3-1-10.)
 
13    (225 ILCS 411/25-30)
14    (Section scheduled to be repealed on January 1, 2021)
15    Sec. 25-30. Consent order. At any point in any
16investigation or disciplinary proceeding provided for in this
17Act, both parties may agree to a negotiated consent order. The
18consent order shall be final upon signature of the Comptroller
19Secretary.
20(Source: P.A. 96-863, eff. 3-1-10.)
 
21    (225 ILCS 411/25-35)
22    (Section scheduled to be repealed on January 1, 2021)
23    Sec. 25-35. Record of proceedings; transcript. The
24Comptroller Department, at its expense, shall preserve a record

 

 

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1of all proceedings at the formal hearing of any case. Any
2notice, all documents in the nature of pleadings, written
3motions filed in the proceedings, the transcripts of testimony,
4and orders of the Comptroller Department shall be in the record
5of the proceeding.
6(Source: P.A. 96-863, eff. 3-1-10.)
 
7    (225 ILCS 411/25-40)
8    (Section scheduled to be repealed on January 1, 2021)
9    Sec. 25-40. Subpoenas; depositions; oaths.
10    (a) The Comptroller Department has the power to subpoena
11documents, books, records, or other materials and to bring
12before it any individual and to take testimony either orally or
13by deposition, or both, with the same fees and mileage and in
14the same manner as prescribed in civil cases in the courts of
15this State.
16    (b) The Comptroller Secretary and the designated hearing
17officer have the power to administer oaths to witnesses at any
18hearing that the Comptroller Department is authorized to
19conduct and any other oaths authorized in any Act administered
20by the Comptroller Department.
21    (c) Every individual having taken an oath or affirmation in
22any proceeding or matter wherein an oath is required by this
23Act, who shall swear willfully, corruptly, and falsely in a
24matter material to the issue or point in question, or shall
25suborn any other individual to swear as aforesaid, shall be

 

 

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1guilty of perjury or subornation of perjury, as the case may be
2and shall be punished as provided by State law relative to
3perjury and subornation of perjury.
4(Source: P.A. 96-863, eff. 3-1-10.)
 
5    (225 ILCS 411/25-45)
6    (Section scheduled to be repealed on January 1, 2021)
7    Sec. 25-45. Compelling testimony. Any circuit court, upon
8application of the Comptroller Department or designated
9hearing officer may enter an order requiring the attendance of
10witnesses and their testimony, and the production of documents,
11papers, files, books, and records in connection with any
12hearing or investigation. The court may compel obedience to its
13order by proceedings for contempt.
14(Source: P.A. 96-863, eff. 3-1-10.)
 
15    (225 ILCS 411/25-50)
16    (Section scheduled to be repealed on January 1, 2021)
17    Sec. 25-50. Findings and recommendations.
18    (a) At the conclusion of the hearing, the hearing officer
19shall present to the Comptroller Secretary a written report of
20its findings of fact, conclusions of law, and recommendations.
21The report shall contain a finding whether the accused person
22violated this Act or its rules or failed to comply with the
23conditions required in this Act or its rules. The hearing
24officer shall specify the nature of any violations or failure

 

 

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1to comply and shall make his or her recommendations to the
2Comptroller Secretary. In making recommendations for any
3disciplinary actions, the hearing officer may take into
4consideration all facts and circumstances bearing upon the
5reasonableness of the conduct of the accused and the potential
6for future harm to the public, including, but not limited to,
7previous discipline of the accused by the Comptroller
8Department, intent, degree of harm to the public and likelihood
9of harm in the future, any restitution made by the accused, and
10whether the incident or incidents contained in the complaint
11appear to be isolated or represent a continuing pattern of
12conduct. In making its recommendations for discipline, the
13hearing officer shall endeavor to ensure that the severity of
14the discipline recommended is reasonably related to the
15severity of the violation.
16    (b) The report of findings of fact, conclusions of law, and
17recommendation of the hearing officer shall be the basis for
18the Comptroller's Department's final order refusing to issue,
19restore, or renew a license, or otherwise disciplining a
20licensee. If the Comptroller Secretary disagrees with the
21recommendations of the hearing officer, the Comptroller
22Secretary may issue an order in contravention of the hearing
23officer's recommendations. The finding is not admissible in
24evidence against the person in a criminal prosecution brought
25for a violation of this Act, but the hearing and finding are
26not a bar to a criminal prosecution brought for a violation of

 

 

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1this Act.
2(Source: P.A. 96-863, eff. 3-1-10.)
 
3    (225 ILCS 411/25-55)
4    (Section scheduled to be repealed on January 1, 2021)
5    Sec. 25-55. Rehearing. At the conclusion of the hearing, a
6copy of the hearing officer's report shall be served upon the
7applicant, licensee, or unlicensed person by the Comptroller
8Department, either personally or as provided in this Act.
9Within 20 days after service, the applicant or licensee may
10present to the Comptroller Department a motion in writing for a
11rehearing, which shall specify the particular grounds for
12rehearing. The Comptroller Department may respond to the motion
13for rehearing within 20 days after its service on the
14Comptroller Department. If no motion for rehearing is filed,
15then upon the expiration of the time specified for filing such
16a motion, or if a motion for rehearing is denied, then upon
17denial, the Comptroller Secretary may enter a final order in
18accordance with recommendations of the hearing officer except
19as provided in Section 25-60 of this Act. If the applicant,
20licensee, or unlicensed person orders from the reporting
21service and pays for a transcript of the record within the time
22for filing a motion for rehearing, the 20-day period within
23which a motion may be filed shall commence upon the delivery of
24the transcript to the applicant or licensee.
25(Source: P.A. 96-863, eff. 3-1-10.)
 

 

 

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1    (225 ILCS 411/25-60)
2    (Section scheduled to be repealed on January 1, 2021)
3    Sec. 25-60. Comptroller Secretary; rehearing. Whenever
4the Comptroller Secretary believes that substantial justice
5has not been done in the revocation, suspension, or refusal to
6issue, restore, or renew a license, or other discipline of an
7applicant or licensee, he or she may order a rehearing by the
8same or other hearing officers.
9(Source: P.A. 96-863, eff. 3-1-10.)
 
10    (225 ILCS 411/25-65)
11    (Section scheduled to be repealed on January 1, 2021)
12    Sec. 25-65. Order or certified copy; prima facie proof. An
13order or certified copy thereof, over the seal of the
14Comptroller Department and purporting to be signed by the
15Comptroller Secretary, is prima facie proof that:
16        (1) the signature is the genuine signature of the
17    Comptroller Secretary;
18        (2) the Comptroller Secretary is duly appointed and
19    qualified; and
20        (3) the hearing officer is qualified to act.
21(Source: P.A. 96-863, eff. 3-1-10.)
 
22    (225 ILCS 411/25-70)
23    (Section scheduled to be repealed on January 1, 2021)

 

 

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1    Sec. 25-70. Receivership. In the event a cemetery
2authority license is suspended or revoked or where an
3unlicensed person has conducted activities requiring cemetery
4authority licensure under this Act, the Comptroller
5Department, through the Attorney General, may petition the
6circuit courts of this State for appointment of a receiver to
7administer the care funds of such licensee or unlicensed person
8or to operate the cemetery.
9    (a) The court shall appoint a receiver if the court
10determines that a receivership is necessary or advisable:
11        (1) to ensure the orderly and proper conduct of a
12    licensee's professional business and affairs during or in
13    the aftermath of the administrative proceeding to revoke or
14    suspend the cemetery authority's license;
15        (2) for the protection of the public's interest and
16    rights in the business, premises, or activities of the
17    person sought to be placed in receivership;
18        (3) upon a showing of actual or constructive
19    abandonment of premises or business licensed or which was
20    not but should have been licensed under this Act;
21        (4) upon a showing of serious and repeated violations
22    of this Act demonstrating an inability or unwillingness of
23    a licensee to comply with the requirements of this Act;
24        (5) to prevent loss, wasting, dissipation, theft, or
25    conversion of assets that should be marshaled and held
26    available for the honoring of obligations under this Act;

 

 

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1    or
2        (6) upon proof of other grounds that the court deems
3    good and sufficient for instituting receivership action
4    concerning the respondent sought to be placed in
5    receivership.
6    (b) A receivership under this Section may be temporary, or
7for the winding up and dissolution of the business, as the
8Comptroller Department may request and the court determines to
9be necessary or advisable in the circumstances. Venue of
10receivership proceedings may be, at the Comptroller's
11Department's election, in Cook County or the county where the
12subject of the receivership is located. The appointed receiver
13shall be the Comptroller Department or such person as the
14Comptroller Department may nominate and the court shall
15approve.
16    (c) The Comptroller Department may adopt rules for the
17implementation of this Section.
18(Source: P.A. 96-863, eff. 3-1-10.)
 
19    (225 ILCS 411/25-75)
20    (Section scheduled to be repealed on January 1, 2021)
21    Sec. 25-75. Cemetery Relief Fund.
22    (a) A special income-earning fund is hereby created in the
23State treasury, known as the Cemetery Relief Fund.
24    (b) Beginning on July 1, 2011, and occurring on an annual
25basis every year thereafter, three percent of the moneys in the

 

 

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1Cemetery Oversight Licensing and Disciplinary Fund shall be
2deposited into the Cemetery Relief Fund.
3    (c) All monies deposited into the fund together with all
4accumulated undistributed income thereon shall be held as a
5special fund in the State treasury. The fund shall be used
6solely for the purpose of providing grants to units of local
7government and not-for-profit organizations, including, but
8not limited to, not-for-profit cemetery authorities, to clean
9up cemeteries that have been abandoned, neglected, or are
10otherwise in need of additional care.
11    (d) The grant program shall be administered by the
12Comptroller Department.
13(Source: P.A. 96-863, eff. 3-1-10.)
 
14    (225 ILCS 411/25-80)
15    (Section scheduled to be repealed on January 1, 2021)
16    Sec. 25-80. Surrender of license. Upon the revocation or
17suspension of a license under this Act, the licensee shall
18immediately surrender his or her license to the Comptroller
19Department. If the licensee fails to do so, the Comptroller
20Department has the right to seize the license.
21(Source: P.A. 96-863, eff. 3-1-10.)
 
22    (225 ILCS 411/25-85)
23    (Section scheduled to be repealed on January 1, 2021)
24    Sec. 25-85. Inactive status.

 

 

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1    (a) Any licensed manager or customer service employee who
2notifies the Comptroller Department in writing on forms
3prescribed by the Comptroller Department as determined by rule,
4may elect to place his or her license on an inactive status and
5shall, subject to rules of the Comptroller Department, be
6excused from payment of renewal fees until he or she notifies
7the Comptroller Department in writing of his or her desire to
8resume active status. Any licensed manager or licensed customer
9service employee requesting restoration from inactive status
10shall pay the current renewal fee and meet requirements as
11provided by rule. Any licensee whose license is in inactive
12status shall not practice in the State of Illinois.
13    (b) A cemetery authority license may only go on inactive
14status by following the provisions for dissolution set forth in
15Section 10-50 or transfer in Section 10-45.
16(Source: P.A. 96-863, eff. 3-1-10.)
 
17    (225 ILCS 411/25-90)
18    (Section scheduled to be repealed on January 1, 2021)
19    Sec. 25-90. Restoration of license from discipline. At any
20time after the successful completion of a term of indefinite
21probation, suspension, or revocation of a license, the
22Comptroller Department may restore the license to the licensee,
23unless after an investigation and a hearing the Comptroller
24Secretary determines that restoration is not in the public
25interest.

 

 

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1(Source: P.A. 96-863, eff. 3-1-10.)
 
2    (225 ILCS 411/25-95)
3    (Section scheduled to be repealed on January 1, 2021)
4    Sec. 25-95. Administrative review; venue.
5    (a) All final administrative decisions of the Comptroller
6Department are subject to judicial review under the
7Administrative Review Law and its rules. The term
8"administrative decision" is defined as in Section 3-101 of the
9Code of Civil Procedure.
10    (b) Proceedings for judicial review shall be commenced in
11the circuit court of the county in which the party applying for
12review resides, but if the party is not a resident of Illinois,
13the venue shall be in Sangamon County.
14(Source: P.A. 96-863, eff. 3-1-10.)
 
15    (225 ILCS 411/25-100)
16    (Section scheduled to be repealed on January 1, 2021)
17    Sec. 25-100. Certifications of record; costs. The
18Comptroller Department shall not be required to certify any
19record to the court, to file an answer in court, or to
20otherwise appear in any court in a judicial review proceeding
21unless and until the Comptroller Department has received from
22the plaintiff payment of the costs of furnishing and certifying
23the record, which costs shall be determined by the Comptroller
24Department. Failure on the part of the plaintiff to file the

 

 

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1receipt in court is grounds for dismissal of the action.
2(Source: P.A. 96-863, eff. 3-1-10.)
 
3    (225 ILCS 411/25-105)
4    (Section scheduled to be repealed on January 1, 2021)
5    Sec. 25-105. Violations. Any person who is found to have
6violated any provision of this Act or any applicant for
7licensure who files with the Comptroller Department the
8fingerprints of an individual other than himself or herself is
9guilty of a Class A misdemeanor. Upon conviction of a second or
10subsequent offense the violator shall be guilty of a Class 4
11felony. However, whoever intentionally fails to deposit the
12required amounts into a trust provided for in this Act or
13intentionally and improperly withdraws or uses trust funds for
14his or her own benefit shall be guilty of a Class 4 felony and
15each day such provisions are violated shall constitute a
16separate offense.
17(Source: P.A. 96-863, eff. 3-1-10.)
 
18    (225 ILCS 411/25-110)
19    (Section scheduled to be repealed on January 1, 2021)
20    Sec. 25-110. Civil action and civil penalties. In addition
21to the other penalties and remedies provided in this Act, the
22Comptroller Department may bring a civil action in the county
23in which the cemetery is located against a licensee or any
24other person to enjoin any violation or threatened violation of

 

 

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1this Act. In addition to any other penalty provided by law, any
2person who violates this Act shall forfeit and pay a civil
3penalty to the Comptroller Department in an amount not to
4exceed $10,000 for each violation as determined by the
5Comptroller Department. The civil penalty shall be assessed by
6the Comptroller Department in accordance with the provisions of
7this Act. Any civil penalty shall be paid within 60 days after
8the effective date of the order imposing the civil penalty. The
9order shall constitute a judgment and may be filed and
10execution had thereon in the same manner as any judgment from
11any court of record. All moneys collected under this Section
12shall be deposited into the Cemetery Oversight Licensing and
13Disciplinary Fund.
14(Source: P.A. 96-863, eff. 3-1-10.)
 
15    (225 ILCS 411/25-125)
16    (Section scheduled to be repealed on January 1, 2021)
17    Sec. 25-125. Cemetery Oversight Board. The Cemetery
18Oversight Board is created and shall consist of the Comptroller
19Secretary, who shall serve as its chairperson, and 8 members
20appointed by the Comptroller Secretary. Appointments shall be
21made within 90 days after the effective date of this Act. Three
22members shall represent the segment of the cemetery industry
23that does not maintain a partial exemption or full exemption,
24one member shall represent the segment of the cemetery industry
25that maintains a partial exemption as a public cemetery, one

 

 

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1member shall represent the segment of the cemetery industry
2that maintains a partial exemption as a religious cemetery, 2
3members shall be consumers as defined in this Act, and one
4member shall represent the general public. No member shall be a
5licensed professional from a non-cemetery segment of the death
6care industry. Board members shall serve 5-year terms and until
7their successors are appointed and qualified. The membership of
8the Board should reasonably reflect representation from the
9geographic areas in this State. No member shall be reappointed
10to the Board for a term that would cause his or her continuous
11service on the Board to be longer than 10 successive years.
12Appointments to fill vacancies shall be made in the same manner
13as original appointments, for the unexpired portion of the
14vacated term. Five members of the Board shall constitute a
15quorum. A quorum is required for Board decisions. The
16Comptroller Secretary may remove any member of the Board for
17misconduct, incompetence, neglect of duty, or for reasons
18prescribed by law for removal of State officials. The
19Comptroller Secretary may remove a member of the Board who does
20not attend 2 consecutive meetings. The Comptroller Department
21may, at any time, seek the expert advice and knowledge of the
22Board on any matter relating to the administration or
23enforcement of this Act. The Comptroller Secretary shall
24consider the recommendations of the Board in the development of
25proposed rules under this Act and for establishing guidelines
26and examinations as may be required under this Act. Notice of

 

 

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1any proposed rulemaking under this Act shall be transmitted to
2the Board and the Comptroller Department shall review the
3response of the Board and any recommendations made therein.
4(Source: P.A. 96-863, eff. 3-1-10.)
 
5    (225 ILCS 411/35-10)
6    (Section scheduled to be repealed on January 1, 2021)
7    Sec. 35-10. Consumer privileges.
8    (a) The record required under this Section shall be open to
9public inspection consistent with State and federal law. The
10cemetery authority shall make available, consistent with State
11and federal law, a true copy of the record upon written request
12and payment of reasonable copy costs. At the time of the
13interment, entombment, or inurnment, the cemetery authority
14shall provide the record of the deceased's name and date of
15burial to the person who would have authority to dispose of the
16decedent's remains under the Disposition of Remains Act.
17    (b) Consumers have the right to purchase merchandise or
18services directly from the cemetery authority when available or
19through a third-party vendor of the consumer's choice without
20incurring a penalty or additional charge by the cemetery
21authority; provided, however, that consumers do not have the
22right to purchase types of merchandise that would violate
23applicable law or the cemetery authority's rules and
24regulations.
25    (c) Consumers have the right to complain to the cemetery

 

 

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1authority or to the Comptroller Department regarding
2cemetery-related products and services as well as issues with
3customer service, maintenance, or other cemetery activities.
4Complaints may be brought by a consumer or the consumer's agent
5appointed for that purpose.
6(Source: P.A. 96-863, eff. 3-1-10.)
 
7    (225 ILCS 411/35-15)
8    (Section scheduled to be repealed on January 1, 2021)
9    Sec. 35-15. Cemetery duties.
10    (a) Prices for all cemetery-related products offered for
11sale by the cemetery authority must be disclosed to the
12consumer in writing on a standardized price list.
13Memorialization pricing may be disclosed in price ranges. The
14price list shall include the effective dates of the prices. The
15price list shall include not only the range of interment,
16inurnment, and entombment rights, and the cost of extending the
17term of any term burial, but also any related merchandise or
18services offered by the cemetery authority. Charges for
19installation of markers, monuments, and vaults in cemeteries
20must be the same without regard to where the item is purchased.
21    (b) A contract for the interment, inurnment, or entombment
22of human remains must be signed by both parties: the consumer
23and the cemetery authority or its representative. Before a
24contract is signed, the prices for the purchased services and
25merchandise must be disclosed on the contract and in plain

 

 

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1language. If a contract is for a term burial, the term, the
2option to extend the term, and the subsequent disposition of
3the human remains post-term must be in bold print and discussed
4with the consumer. Any contract for the sale of a burial plot,
5when designated, must disclose the exact location of the burial
6plot based on the survey of the cemetery map or plat on file
7with the cemetery authority.
8    (c) A cemetery authority that has the legal right to extend
9a term burial shall, prior to disinterment, provide the family
10or other authorized agent under the Disposition of Remains Act
11the opportunity to extend the term of a term burial for the
12cost as stated on the cemetery authority's current price list.
13Regardless of whether the family or other authorized agent
14chooses to extend the term burial, the cemetery authority
15shall, prior to disinterment, provide notice to the family or
16other authorized agent under the Disposition of Remains Act of
17the cemetery authority's intention to disinter the remains and
18to inter different human remains in that space.
19    (d) If any rules or regulations, including the operational
20or maintenance requirements, of a cemetery change after the
21date a contract is signed for the purchase of cemetery-related
22or funeral-related products or services, the cemetery may not
23require the consumer, purchaser, or such individual's relative
24or representative to purchase any merchandise or service not
25included in the original contract or in the rules and
26regulations in existence when the contract was entered unless

 

 

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1the purchase is reasonable or required to make the cemetery
2authority compliant with applicable law.
3    (e) No cemetery authority or its agent may engage in
4deceptive or unfair practices. The cemetery authority and its
5agents may not misrepresent legal or cemetery requirements.
6    (f) The Comptroller Department may adopt rules regarding
7green burial certification, green cremation products and
8methods, and consumer education.
9    (g) The contractual requirements contained in this Section
10only apply to contracts executed after the effective date of
11this Act.
12(Source: P.A. 96-863, eff. 3-1-10.)
 
13    (225 ILCS 411/75-5)
14    (Section scheduled to be repealed on January 1, 2021)
15    Sec. 75-5. Conflict of interest. No investigator may hold
16an active license issued pursuant to this Act, nor may an
17investigator have a financial interest in a business licensed
18under this Act. Any individual licensed under this Act who is
19employed by the Comptroller Department shall surrender his or
20her license to the Comptroller Department for the duration of
21that employment. The licensee shall be exempt from all renewal
22fees while employed.
23(Source: P.A. 96-863, eff. 3-1-10.)
 
24    (225 ILCS 411/75-15)

 

 

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1    (Section scheduled to be repealed on January 1, 2021)
2    Sec. 75-15. Civil Administrative Code. The Comptroller
3Department shall exercise the powers and duties prescribed by
4the Civil Administrative Code of Illinois and shall exercise
5all other powers and duties set forth in this Act.
6(Source: P.A. 96-863, eff. 3-1-10.)
 
7    (225 ILCS 411/75-20)
8    (Section scheduled to be repealed on January 1, 2021)
9    Sec. 75-20. Rules. The Comptroller Department may adopt
10rules for the administration and enforcement of this Act. The
11rules shall include standards for licensure, professional
12conduct, and discipline.
13(Source: P.A. 96-863, eff. 3-1-10.)
 
14    (225 ILCS 411/75-35)
15    (Section scheduled to be repealed on January 1, 2021)
16    Sec. 75-35. Roster. The Comptroller Department shall, upon
17request and payment of the required fee, provide a list of the
18names and business addresses of all licensees under this Act.
19(Source: P.A. 96-863, eff. 3-1-10.)
 
20    (225 ILCS 411/75-45)
21    (Section scheduled to be repealed on January 1, 2021)
22    Sec. 75-45. Fees. The Comptroller Department shall by rule
23provide for fees for the administration and enforcement of this

 

 

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1Act, and those fees are nonrefundable. All of the fees and
2fines collected under this Act shall be deposited into the
3Cemetery Oversight Licensing and Disciplinary Fund and be
4appropriated to the Comptroller Department for the ordinary and
5contingent expenses of the Comptroller Department in the
6administration and enforcement of this Act.
7(Source: P.A. 96-863, eff. 3-1-10.)
 
8    (225 ILCS 411/75-50)
9    (Section scheduled to be repealed on January 1, 2021)
10    Sec. 75-50. Burial permits. Notwithstanding any law to the
11contrary, a cemetery authority shall ensure that every burial
12permit applicable to that cemetery authority contains the
13decedent's parcel identification number or other information
14as provided by rule regarding the location of the interment,
15entombment, or inurnment of the deceased that would enable the
16Comptroller Department to determine the precise location of the
17decedent.
18(Source: P.A. 96-863, eff. 3-1-10.)
 
19    (225 ILCS 411/75-55)
20    (Section scheduled to be repealed on January 1, 2021)
21    Sec. 75-55. Transition.
22    (a) Within 60 days after March 1, 2010 (the effective date
23of Public Act 96-863) the effective date of this Act, the
24Comptroller shall provide the Department copies of records in

 

 

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1the Comptroller's possession pertaining to the Cemetery Care
2Act and the Crematory Regulation Act that are necessary for the
3Department's immediate responsibilities under this Act. All
4other records pertaining to the Cemetery Care Act and the
5Crematory Regulation Act shall be transferred to the Department
6by March 1, 2012. In the case of records that pertain both to
7the administration of the Cemetery Care Act or the Crematory
8Regulation Act and to a function retained by the Comptroller,
9the Comptroller, in consultation with the Department, shall
10determine, within 60 days after the repeal of the Cemetery Care
11Act, whether the records shall be transferred, copied, or left
12with the Comptroller; until this determination has been made
13the transfer shall not occur.
14    Within 60 days after this amendatory Act of the 97th
15General Assembly, the Department shall provide copies of
16records in the Department's possession pertaining to the
17Cemetery Care Act and the Crematory Regulation Act that are
18necessary for the Comptroller's immediate responsibilities
19under this Act.
20    (b) A person licensed under one of the Acts listed in
21subsection (a) of this Section or regulated under the Cemetery
22Association Act shall continue to comply with the provisions of
23those Acts until such time as the person is licensed under this
24Act or those Acts are repealed or the amendatory changes made
25by this amendatory Act of the 96th General Assembly take
26effect, as the case may be, whichever is earlier.

 

 

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1    (c) To support the costs that may be associated with
2implementing and maintaining a licensure and regulatory
3process for the licensure and regulation of cemetery
4authorities, cemetery managers, customer service employees,
5and cemetery workers, all cemetery authorities not maintaining
6a full exemption or partial exemption shall pay a one-time fee
7of $20 to the Comptroller Department plus an additional charge
8of $1 per burial unit per year within the cemetery. The
9Comptroller Department may establish forms for the collection
10of the fee established under this subsection and shall deposit
11such fee into the Cemetery Oversight Licensing and Disciplinary
12Fund. The Comptroller Department may begin to collect the
13aforementioned fee after the effective date of this Act. In
14addition, the Comptroller Department may establish rules for
15the collection process, which may include, but shall not be
16limited to, dates, forms, enforcement, or other procedures
17necessary for the effective collection, deposit, and overall
18process regarding this Section.
19    (d) Any cemetery authority that fails to pay to the
20Comptroller Department the required fee or submits the
21incorrect amount shall be subject to the penalties provided for
22in Section 25-110 of this Act.
23    (e) Except as otherwise specifically provided, all fees,
24fines, penalties, or other moneys received or collected
25pursuant to this Act shall be deposited in the Cemetery
26Oversight Licensing and Disciplinary Fund.

 

 

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1    (f) All proportionate funds held in the Comptroller's
2Administrative Fund related to unexpended moneys collected
3under the Cemetery Care Act and the Crematory Regulation Act
4shall be transferred to the Cemetery Oversight Licensing and
5Disciplinary Fund within 60 days after the effective date of
6the repeal of the Cemetery Care Act.
7    (g) (Blank). Personnel employed by the Comptroller on
8February 29, 2012, to perform the duties pertaining to the
9administration of the Cemetery Care Act and the Crematory
10Regulation Act, are transferred to the Department on March 1,
112012.
12    The rights of State employees, the State, and its agencies
13under the Comptroller Merit Employment Code and applicable
14collective bargaining agreements and retirement plans are not
15affected under this Act, except that all positions transferred
16to the Department shall be subject to the Personnel Code
17effective March 1, 2012.
18    All transferred employees who are members of collective
19bargaining units shall retain their seniority, continuous
20service, salary, and accrued benefits. During the pendency of
21the existing collective bargaining agreement, the rights
22provided for under that agreement shall not be abridged.
23    The Department shall continue to honor during their
24pendency all bargaining agreements in effect at the time of the
25transfer and to recognize all collective bargaining
26representatives for the employees who perform or will perform

 

 

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1functions transferred by this Act. For all purposes with
2respect to the management of the existing agreement and the
3negotiation and management of any successor agreements, the
4Department shall be deemed the employer of employees who
5perform or will perform functions transferred to the Department
6by this Act.
7(Source: P.A. 96-863, eff. 3-1-10.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    225 ILCS 411/5-15
4    225 ILCS 411/5-25
5    225 ILCS 411/10-5
6    225 ILCS 411/10-10
7    225 ILCS 411/10-15
8    225 ILCS 411/10-20
9    225 ILCS 411/10-21
10    225 ILCS 411/10-22
11    225 ILCS 411/10-23
12    225 ILCS 411/10-25
13    225 ILCS 411/10-30
14    225 ILCS 411/10-45
15    225 ILCS 411/10-50
16    225 ILCS 411/10-55
17    225 ILCS 411/10-60
18    225 ILCS 411/15-15
19    225 ILCS 411/15-40
20    225 ILCS 411/20-5
21    225 ILCS 411/20-6
22    225 ILCS 411/20-20
23    225 ILCS 411/20-25
24    225 ILCS 411/20-30
25    225 ILCS 411/22-1

 

 

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1    225 ILCS 411/22-3
2    225 ILCS 411/22-4
3    225 ILCS 411/22-10
4    225 ILCS 411/22-11
5    225 ILCS 411/22-12
6    225 ILCS 411/22-13
7    225 ILCS 411/22-21
8    225 ILCS 411/25-1
9    225 ILCS 411/25-3
10    225 ILCS 411/25-5
11    225 ILCS 411/25-10
12    225 ILCS 411/25-13
13    225 ILCS 411/25-14
14    225 ILCS 411/25-15
15    225 ILCS 411/25-25
16    225 ILCS 411/25-30
17    225 ILCS 411/25-35
18    225 ILCS 411/25-40
19    225 ILCS 411/25-45
20    225 ILCS 411/25-50
21    225 ILCS 411/25-55
22    225 ILCS 411/25-60
23    225 ILCS 411/25-65
24    225 ILCS 411/25-70
25    225 ILCS 411/25-75
26    225 ILCS 411/25-80

 

 

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1    225 ILCS 411/25-85
2    225 ILCS 411/25-90
3    225 ILCS 411/25-95
4    225 ILCS 411/25-100
5    225 ILCS 411/25-105
6    225 ILCS 411/25-110
7    225 ILCS 411/25-125
8    225 ILCS 411/35-10
9    225 ILCS 411/35-15
10    225 ILCS 411/75-5
11    225 ILCS 411/75-15
12    225 ILCS 411/75-20
13    225 ILCS 411/75-35
14    225 ILCS 411/75-45
15    225 ILCS 411/75-50
16    225 ILCS 411/75-55