Full Text of HB5025 93rd General Assembly
HB5025ham001 93RD GENERAL ASSEMBLY
|
Consumer Protection Committee
Adopted in House Comm. on Mar 03, 2004
|
|
09300HB5025ham001 |
|
LRB093 16110 RXD 47571 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 5025
| 2 |
| AMENDMENT NO. ______. Amend House Bill 5025 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 1. Short title. This Act may be cited as the | 5 |
| Funeral Practices Act . | 6 |
| Section 5. Definitions. In this Act: | 7 |
| "Alternative container" means an unfinished wood box or | 8 |
| other non-metal receptacle or enclosure, without ornamentation | 9 |
| or a fixed interior lining, which is designed for the | 10 |
| encasement of human remains and which is made of fiberboard, | 11 |
| pressed-wood, composition materials, with or without an | 12 |
| outside covering, or like materials. | 13 |
| "Cash advance item" means any item of service or | 14 |
| merchandise described to a purchaser as a "cash advance", | 15 |
| "accommodation", "cash disbursement", or similar term. A cash | 16 |
| advance item is also any item obtained from a third party and | 17 |
| paid for by the funeral provider on the purchaser's behalf. | 18 |
| Cash advance items may include, but are not limited to, | 19 |
| cemetery or crematory services, pallbearers, public | 20 |
| transportation, clergy honoraria, flowers, musicians or | 21 |
| singers, nurses, obituary notices, gratuities, and death | 22 |
| certificates. Cash advance items are not subject to the | 23 |
| provisions of the Unemployment Insurance Act. | 24 |
| "Casket" means a rigid container which is designed for the |
|
|
|
09300HB5025ham001 |
- 2 - |
LRB093 16110 RXD 47571 a |
|
| 1 |
| encasement of human remains and which is usually constructed of | 2 |
| wood, metal, fiberglass, plastic, or like material, and | 3 |
| ornamented and lined with fabric. | 4 |
| "Casket retailer" means a person who sells or offers to | 5 |
| sell caskets. | 6 |
| "Commission" refers to the Federal Trade Commission. | 7 |
| "Cremation" means a heating process which incinerates | 8 |
| human remains. | 9 |
| "Crematory" means any person, partnership, or corporation | 10 |
| that performs cremation. | 11 |
| "Direct cremation" means a disposition of human remains by | 12 |
| cremation, without formal viewing, visitation, or ceremony | 13 |
| with the body present. | 14 |
| "Funeral ceremony" means a service commemorating the | 15 |
| deceased with the body present. | 16 |
| "Funeral goods" means the goods which are sold or offered | 17 |
| for sale directly to the public for use in connection with | 18 |
| funeral services by a funeral home, cemetery, crematory, casket | 19 |
| retailer, memorial retailer or their employees and agents. | 20 |
| "Funeral provider" means any person, partnership, | 21 |
| corporation, or other entity that sells or offers to sell | 22 |
| funeral goods or funeral services to the public. | 23 |
| "Funeral services" means (a) any services which may be used | 24 |
| to: (1) care for and prepare deceased human bodies for burial, | 25 |
| cremation, or other final disposition; and (2) arrange, | 26 |
| supervise, or conduct the funeral ceremony or the final | 27 |
| disposition of deceased human bodies; and (b) any services | 28 |
| provided by a funeral home, cemetery, crematory, casket | 29 |
| retailer, memorial retailer, or their employees and agents. | 30 |
| "Immediate burial" means a disposition of human remains by | 31 |
| burial, without formal viewing, visitation, or ceremony with | 32 |
| the body present, except for a graveside service. | 33 |
| "Memorial retailer" means a person who sells or offers to | 34 |
| sell to the public any memorial intended to mark the location |
|
|
|
09300HB5025ham001 |
- 3 - |
LRB093 16110 RXD 47571 a |
|
| 1 |
| of the interment of human remains. | 2 |
| "Memorial service" means a ceremony commemorating the | 3 |
| deceased without the body present. | 4 |
| "Outer burial container" means any container which is | 5 |
| designed for placement in the grave around the casket | 6 |
| including, but not limited to, containers commonly known as | 7 |
| burial vaults, grave boxes, and grave liners. | 8 |
| "Person" means any individual, partnership, corporation, | 9 |
| association, government or governmental subdivision or agency, | 10 |
| or other entity. | 11 |
| "Services of funeral director and staff" means the basic | 12 |
| services, not to be included in prices of other categories in | 13 |
| paragraph (4) of subsection (b) of Section 10, that are | 14 |
| furnished by a funeral provider in arranging any funeral, such | 15 |
| as conducting the arrangements conference, planning the | 16 |
| funeral, obtaining necessary permits, and placing obituary | 17 |
| notices. | 18 |
| Section 10. Price disclosures. | 19 |
| (a) Unfair or deceptive acts or practices. In selling or | 20 |
| offering to sell funeral goods or funeral services to the | 21 |
| public, it is an unfair or deceptive act or practice for a | 22 |
| funeral provider to fail to furnish accurate price information | 23 |
| disclosing the cost to the purchaser for each of the specific | 24 |
| funeral goods and funeral services used in connection with the | 25 |
| disposition of deceased human bodies, including but not limited | 26 |
| to, the price of embalming, transportation of remains, use of | 27 |
| facilities, caskets, outer burial containers, immediate | 28 |
| burials, or direct cremations. Any funeral provider who | 29 |
| complies with the preventive requirements of subsection (b) of | 30 |
| this Section is not engaged in unfair or deceptive acts or | 31 |
| practices. | 32 |
| (b) Preventive requirements. To prevent unfair or | 33 |
| deceptive acts or practices as defined in subsection (a) of |
|
|
|
09300HB5025ham001 |
- 4 - |
LRB093 16110 RXD 47571 a |
|
| 1 |
| this Section, as well as the unfair or deceptive acts or | 2 |
| practices defined in subdivision (b)(1) of Section 20, a | 3 |
| funeral provider must: | 4 |
| (1) Tell persons who ask by telephone about the funeral | 5 |
| provider's offerings or prices any accurate information | 6 |
| from the price lists described in paragraphs (2) through | 7 |
| (4) of this subsection (b) and any other readily available | 8 |
| information that reasonably answers the question. | 9 |
| (2) Give a printed or typewritten price list to people | 10 |
| who inquire in person about the offerings or prices of | 11 |
| caskets or alternative containers. The funeral provider | 12 |
| must offer the list upon beginning discussion of the | 13 |
| caskets. The list must contain at least the retail prices | 14 |
| of all caskets and alternative containers offered which do | 15 |
| not require special ordering, enough information to | 16 |
| identify each, and the effective date for the price list. | 17 |
| The list must contain the name of the funeral provider's | 18 |
| place of business and a caption describing the list as a | 19 |
| "casket price list". Instead of a written list, other | 20 |
| formats, such as notebooks, brochures, or charts may be | 21 |
| used if they contain the same information as would the | 22 |
| printed or typewritten list and display it in a clear and | 23 |
| conspicuous manner. A funeral provider does not have to | 24 |
| make a casket price list available if the funeral provider | 25 |
| places on the general price list the information required | 26 |
| under paragraph (4) of this subsection (b). | 27 |
| (3) Give a printed or typewritten price list to persons | 28 |
| who inquire in person about outer burial container | 29 |
| offerings or prices. The funeral provider must offer the | 30 |
| list upon beginning discussion of the containers. The list | 31 |
| must contain the retail prices of all outer burial | 32 |
| containers offered which do not require special ordering, | 33 |
| enough information to identify each container, and the | 34 |
| effective date for the prices listed. The list must contain |
|
|
|
09300HB5025ham001 |
- 5 - |
LRB093 16110 RXD 47571 a |
|
| 1 |
| the name of the funeral provider's place of business and a | 2 |
| caption describing the list as an "outer burial container | 3 |
| price list". Instead of a written list, the funeral | 4 |
| provider may use other formats, such as notebooks, | 5 |
| brochures, or charts, if they contain the same information | 6 |
| as the printed or typewritten list and display it in a | 7 |
| clear and conspicuous manner. A funeral provider does not | 8 |
| have to make an outer burial container price list available | 9 |
| if the funeral provider places on the general price list | 10 |
| the information required under paragraph (4) of this | 11 |
| subsection (b). | 12 |
| (4) Give a printed or typewritten price list for | 13 |
| retention to persons who inquire in person about the | 14 |
| funeral goods, funeral services, or prices of funeral goods | 15 |
| or services offered by the funeral provider. The funeral | 16 |
| provider must give the list upon beginning discussion of | 17 |
| any of the following: (i) the prices of funeral goods or | 18 |
| funeral services, (ii) the overall type of funeral service | 19 |
| or disposition, or (iii) the specific funeral goods or | 20 |
| funeral services offered by the funeral provider. | 21 |
| (A) The requirement under this subsection (b) | 22 |
| applies whether the discussion takes place in a funeral | 23 |
| home or elsewhere. However, when the deceased is | 24 |
| removed for transportation to the funeral home, an | 25 |
| in-person request at that time for authorization to | 26 |
| embalm, required by paragraph (2) of subsection (a) of | 27 |
| Section 25, does not by itself trigger the requirement | 28 |
| to offer the general price list if the provider, in | 29 |
| seeking prior embalming approval, discloses that | 30 |
| embalming is not required by law except in certain | 31 |
| special cases, if any. The requirement under this | 32 |
| subsection, to give consumers a general price list, | 33 |
| applies to any other discussion during that time about | 34 |
| prices or the selection of funeral goods or services. |
|
|
|
09300HB5025ham001 |
- 6 - |
LRB093 16110 RXD 47571 a |
|
| 1 |
| (B) The list required under this paragraph (4) must | 2 |
| contain at least the following information: | 3 |
| (i) The name, address, and telephone number of | 4 |
| the funeral provider's place of business; | 5 |
| (ii) A caption describing the list as a | 6 |
| "general price list"; and | 7 |
| (iii) The effective date for the price list. | 8 |
| (5) Include on the price list, in any order, the retail | 9 |
| prices, expressed either as the flat fee, or as the price | 10 |
| per hour, mile, or other unit of computation, and the | 11 |
| following information if offered for sale: | 12 |
| (A) Forwarding of remains to another funeral home, | 13 |
| together with a list of the services provided for any | 14 |
| quoted price; | 15 |
| (B) Receiving remains from another funeral home, | 16 |
| together with a list of the services provided for any | 17 |
| quoted price; | 18 |
| (C) The price range for the direct cremations | 19 |
| offered by the funeral provider, together with: | 20 |
| (i) a separate price for a direct cremation if | 21 |
| the purchaser provides the container; | 22 |
| (ii) separate prices for each direct cremation | 23 |
| offered including an alternative container; and | 24 |
| (iii) a description of the services and | 25 |
| container included in each price; | 26 |
| (D) The price range for the immediate burials | 27 |
| offered by the funeral provider, together with: | 28 |
| (i) a separate price for an immediate burial if | 29 |
| the purchaser provides the casket; | 30 |
| (ii) separate prices for each immediate burial | 31 |
| offered including a casket or alternative | 32 |
| container; and | 33 |
| (iii) a description of the services and | 34 |
| container included in that price; |
|
|
|
09300HB5025ham001 |
- 7 - |
LRB093 16110 RXD 47571 a |
|
| 1 |
| (E) Transfer of remains to funeral home; | 2 |
| (F) Embalming; | 3 |
| (G) Other preparation of the body; | 4 |
| (H) Use of facilities and staff for viewing; | 5 |
| (I) Use of facilities and staff for funeral | 6 |
| ceremony; | 7 |
| (J) Use of facilities and staff for memorial | 8 |
| service; | 9 |
| (K) Use of equipment and staff for graveside | 10 |
| service; | 11 |
| (L) Hearse; and | 12 |
| (M) Limousine. | 13 |
| (6) Include on the price list, in any order, the | 14 |
| following information: | 15 |
| (A) The price range for the caskets offered by the | 16 |
| funeral provider, together with the statement: "A | 17 |
| complete price list will be provided at the funeral | 18 |
| provider's location."; or the prices of individual | 19 |
| caskets, disclosed as provided under paragraph (2) of | 20 |
| this subsection (b). | 21 |
| (B) The price range for the outer burial containers | 22 |
| offered by the funeral provider, together with the | 23 |
| statement: "A complete price list will be provided at | 24 |
| the funeral provider's location."; or the prices of | 25 |
| individual outer burial containers, disclosed as | 26 |
| provided under paragraph (3) of this subsection (b). | 27 |
| (C) The price for the basic services of the funeral | 28 |
| director and staff, together with a list of the | 29 |
| principal basic services provided for any quoted price | 30 |
| and, if the charge cannot be declined by the purchaser, | 31 |
| the statement: "This fee for our basic services will be | 32 |
| added to the total cost of the funeral arrangements you | 33 |
| select. (This fee is already included in our charges | 34 |
| for direct cremations, immediate burials, and |
|
|
|
09300HB5025ham001 |
- 8 - |
LRB093 16110 RXD 47571 a |
|
| 1 |
| forwarding or receiving remains).". If the charge | 2 |
| cannot be declined by the purchaser, the quoted price | 3 |
| shall include (i) all charges for the recovery of | 4 |
| unallocated funeral provider overhead, and a funeral | 5 |
| provider may include in the required disclosure the | 6 |
| phrase "and overhead" after the word "services", or | 7 |
| (ii) the following statement: "Please note that a fee | 8 |
| of (specify dollar amount) for the use of our basic | 9 |
| services is included in the price of our caskets. This | 10 |
| same fee shall be added to the total cost of your | 11 |
| funeral arrangements if you provide the casket. Our | 12 |
| services include (specify)." The fee shall include all | 13 |
| charges for the recovery of unallocated funeral | 14 |
| provider overhead, and a funeral provider may include | 15 |
| in the required disclosure the phrase "and overhead" | 16 |
| after the word "services". The statement must be placed | 17 |
| on the general price list together with the casket | 18 |
| price range, required under paragraph (2) of this | 19 |
| subsection (b), or together with the prices of | 20 |
| individual caskets, required under paragraph (2) of | 21 |
| this subsection (b). | 22 |
| (7) Give an itemized written statement for retention to | 23 |
| each person who arranges a funeral or other disposition of | 24 |
| human remains, at the conclusion of the discussion of | 25 |
| arrangements. The information may be included on any | 26 |
| contract, statement, or other document which the funeral | 27 |
| provider would otherwise provide at the conclusion of | 28 |
| discussion of arrangements. The statement must list the | 29 |
| following information: | 30 |
| (A) The funeral goods or funeral services selected | 31 |
| by that person and the prices to be paid for each good | 32 |
| or service; | 33 |
| (B) Specifically itemized cash advance items. | 34 |
| These prices must be given to the extent then known or |
|
|
|
09300HB5025ham001 |
- 9 - |
LRB093 16110 RXD 47571 a |
|
| 1 |
| reasonably ascertainable. If the prices are not known | 2 |
| or reasonably ascertainable, a good faith estimate | 3 |
| shall be given and a written statement of the actual | 4 |
| charges shall be provided before the final bill is | 5 |
| paid; and | 6 |
| (C) The total cost of the goods or services | 7 |
| selected. | 8 |
| (8) Give any other price information, in any other | 9 |
| format, in addition to that required under subdivisions | 10 |
| (b)(1) through (b)(7) of this Section. | 11 |
| Section 15. Misrepresentations. | 12 |
| (a) Embalming provisions. | 13 |
| (1) Deceptive acts or practices. In selling or offering | 14 |
| to sell funeral goods or funeral services to the public, it | 15 |
| is a deceptive act or practice for a funeral provider to: | 16 |
| (A) Represent that State or local law requires that | 17 |
| a deceased person be embalmed when such is not the | 18 |
| case; or | 19 |
| (B) Fail to disclose that embalming is not required | 20 |
| by law except in certain special cases, if any. | 21 |
| (2) Preventive requirements. To prevent deceptive acts | 22 |
| or practices defined in this subsection (a), as well as the | 23 |
| unfair or deceptive acts or practices defined in Sections | 24 |
| 20 and 25 of this Act, a funeral provider must: | 25 |
| (A) Not represent that a deceased person is | 26 |
| required to be embalmed for: | 27 |
| (i) direct cremation; | 28 |
| (ii) immediate burial; or | 29 |
| (iii) a closed casket funeral without viewing | 30 |
| or visitation when refrigeration is available and | 31 |
| when State or local law does not require embalming; | 32 |
| and | 33 |
| (B) Place the following statement of disclosure on |
|
|
|
09300HB5025ham001 |
- 10 - |
LRB093 16110 RXD 47571 a |
|
| 1 |
| the general price list, required under paragraph (4) of | 2 |
| subsection (b) of Section 10, in immediate conjunction | 3 |
| with the price shown for embalming: "Except in certain | 4 |
| special cases, embalming is not required by law. | 5 |
| Embalming may be necessary, however, if you select | 6 |
| certain funeral arrangements, such as a funeral with | 7 |
| viewing. If you do not want embalming, you usually have | 8 |
| the right to choose an arrangement that does not | 9 |
| require you to pay for it, such as direct cremation or | 10 |
| immediate burial." The phrase "except in certain | 11 |
| special cases" shall not be included in this disclosure | 12 |
| if State or local law in the areas where the provider | 13 |
| does business does not require embalming under any | 14 |
| circumstances. | 15 |
| (b) Casket for cremation provisions. | 16 |
| (1) Deceptive acts or practices. In selling or offering | 17 |
| to sell funeral goods or funeral services to the public, it | 18 |
| is a deceptive act or practice for a funeral provider to: | 19 |
| (A) Represent that State or local law requires a | 20 |
| casket for direct cremations; or | 21 |
| (B) Represent that a casket is required for direct | 22 |
| cremations. | 23 |
| (2) Preventive requirements. To prevent deceptive acts | 24 |
| or practices, as well as the unfair or deceptive acts or | 25 |
| practices defined in paragraph (1) of subsection (a) of | 26 |
| Section 20, a funeral provider must place the following | 27 |
| disclosure in immediate conjunction with the price range | 28 |
| shown for direct cremations: "If you want to arrange a | 29 |
| direct cremation, you may use an alternative container. | 30 |
| Alternative containers encase the body and can be made of | 31 |
| materials such as fiberboard or composition materials | 32 |
| (with or without an outside covering). The containers we | 33 |
| provide are (specify containers)." This disclosure is | 34 |
| required to be placed on the general price list only if the |
|
|
|
09300HB5025ham001 |
- 11 - |
LRB093 16110 RXD 47571 a |
|
| 1 |
| funeral provider arranges direct cremations. | 2 |
| (c) Outer burial container provisions. | 3 |
| (1) Deceptive acts or practices. In selling or offering | 4 |
| to sell funeral goods or funeral services to the public, it | 5 |
| is a deceptive act or practice for a funeral provider to: | 6 |
| (A) Represent that State or local laws or | 7 |
| regulations, or particular cemeteries, require outer | 8 |
| burial containers when such is not the case. | 9 |
| (B) Fail to disclose to persons arranging funerals | 10 |
| that State law does not require the purchase of an | 11 |
| outer burial container. | 12 |
| (2) Preventive requirements. To prevent these | 13 |
| deceptive acts or practices, a funeral provider must place | 14 |
| the following statement of disclosure on the outer burial | 15 |
| container price list, as required under paragraph (3) of | 16 |
| subsection (b) of Section 10, or if the prices of outer | 17 |
| burial containers are listed on the general price list, as | 18 |
| required under paragraph (4) of subsection (b) of Section | 19 |
| 10, in immediate conjunction with those prices: "In most | 20 |
| areas of the country, state or local law does not require | 21 |
| that you buy a container to surround the casket in the | 22 |
| grave. However, many cemeteries require that you have such | 23 |
| a container so that the grave will not sink in. Either a | 24 |
| grave or a burial vault will satisfy these requirements." | 25 |
| The phrase "in most areas of the country" shall not be | 26 |
| included in this disclosure if State or local law in the | 27 |
| areas where the provider does business does not require a | 28 |
| container to surround the casket in the grave. | 29 |
| (d) General provisions on legal and cemetery requirements. | 30 |
| (1) Deceptive acts or practices. In selling or offering | 31 |
| to sell funeral goods or funeral services to the public, it | 32 |
| is a deceptive act or practice for a funeral provider to | 33 |
| represent that federal, State, or local laws, or particular | 34 |
| cemeteries or crematories, require the purchase of any |
|
|
|
09300HB5025ham001 |
- 12 - |
LRB093 16110 RXD 47571 a |
|
| 1 |
| funeral goods or funeral services when such is not the | 2 |
| case. | 3 |
| (2) Preventive requirements. To prevent these | 4 |
| deceptive acts or practices, as well as the deceptive acts | 5 |
| or practices identified in subdivisions (a)(1), (b)(1), | 6 |
| and (c)(1) of this Section, a funeral provider must | 7 |
| identify and briefly describe in writing on the statement | 8 |
| of funeral goods or services selected any legal, cemetery, | 9 |
| or crematory requirement that the funeral provider | 10 |
| represents to any person as compelling the purchase of | 11 |
| funeral goods or funeral services for a funeral that the | 12 |
| person is arranging. | 13 |
| (e) Provisions on preservative and protective value | 14 |
| claims. In selling or offering to sell funeral goods or funeral | 15 |
| services to the public, it is a deceptive act or practice for a | 16 |
| funeral provider to: | 17 |
| (1) Represent that funeral goods or funeral services | 18 |
| will delay the natural decomposition of human remains for a | 19 |
| long-term or indefinite time; or | 20 |
| (2) Represent that funeral goods have protective | 21 |
| features or will protect the body from gravesite | 22 |
| substances, when such is not the case. | 23 |
| (f) Cash advance provisions. | 24 |
| (1) Deceptive acts or practices. In selling or offering | 25 |
| to sell funeral goods or funeral services to the public, it | 26 |
| is a deceptive act or practice for a funeral provider to: | 27 |
| (A) Represent that the price charged for a cash | 28 |
| advance items is the same as the cost to the funeral | 29 |
| provider for the item when such is not the case; or | 30 |
| (B) Fail to disclose to persons arranging funerals | 31 |
| that the price being charged for a cash advance item is | 32 |
| not the same as the cost to the funeral provider for | 33 |
| the item when such is not the case. | 34 |
| (2) Preventive requirements. To prevent these |
|
|
|
09300HB5025ham001 |
- 13 - |
LRB093 16110 RXD 47571 a |
|
| 1 |
| deceptive acts or practices, a funeral provider must place | 2 |
| the following sentence in the itemized statement of funeral | 3 |
| goods or services selected, in immediate conjunction with | 4 |
| the list of itemized cash advance items required under | 5 |
| paragraph (5) of subsection (b) of Section 10: "We charge | 6 |
| you for our services in obtaining: (specify cash advance | 7 |
| items)." if the funeral provider makes a charge upon, or | 8 |
| receives and retains a rebate, commission, or trade or | 9 |
| volume discount upon a cash advance item. | 10 |
| Section 20. Required purchase of funeral goods or funeral | 11 |
| services. | 12 |
| (a) Casket for cremation provisions. | 13 |
| (1) Unfair or deceptive acts or practices. In selling | 14 |
| or offering to sell funeral goods or funeral services to | 15 |
| the public, it is an unfair or deceptive act or practice | 16 |
| for a funeral provider, or a crematory, to require that a | 17 |
| casket be purchased for direct cremation. | 18 |
| (2) Preventive requirement. To prevent this unfair or | 19 |
| deceptive act or practice, a funeral provider must make an | 20 |
| alternative container available for direct cremations, if | 21 |
| the provider arranges direct cremations. | 22 |
| (b) Other required purchases of funeral goods or funeral | 23 |
| services. | 24 |
| (1) Unfair or deceptive acts or practices. In selling | 25 |
| or offering to sell funeral goods or funeral services, it | 26 |
| is an unfair or deceptive act or practice for a funeral | 27 |
| provider to: | 28 |
| (A) Condition the furnishing of any funeral good or | 29 |
| funeral service to a person arranging a funeral upon | 30 |
| the purchase of any other funeral good or funeral | 31 |
| service, except as required by law or as otherwise | 32 |
| permitted under this subsection; or | 33 |
| (B) Charge any fee as a condition to furnishing any |
|
|
|
09300HB5025ham001 |
- 14 - |
LRB093 16110 RXD 47571 a |
|
| 1 |
| funeral goods or funeral services to a person arranging | 2 |
| a funeral, other than the fees for services of the | 3 |
| funeral director and staff, other funeral services or | 4 |
| funeral goods selected by the purchaser, and other | 5 |
| funeral goods or services required to be purchased. | 6 |
| (2) Preventive requirements. To prevent unfair or | 7 |
| deceptive acts or practices under this subsection (b), a | 8 |
| funeral provider must: | 9 |
| (A) Place the following statement of disclosure in | 10 |
| the general price list, immediately above the prices | 11 |
| required under paragraph (4) of subsection (b) of | 12 |
| Section 10: "The goods or services shown below are | 13 |
| those we can provide to our customers. You may choose | 14 |
| only the items you desire. If legal or other | 15 |
| requirements mean you must buy any items you did not | 16 |
| specifically ask for, we will explain the reason in | 17 |
| writing on the statement we provide describing the | 18 |
| funeral goods and services you selected." Provided, | 19 |
| however, that if the charge for "services of funeral | 20 |
| director and staff" can not be declined by the | 21 |
| purchaser, the statement shall include the sentence: | 22 |
| "However, any funeral arrangements you select will | 23 |
| include a charge for our basic services." between the | 24 |
| second and third sentences of the statement of | 25 |
| disclosure otherwise required under this subparagraph | 26 |
| (A). The statement may include the phrase "and | 27 |
| overhead" after the word "services" if the fee includes | 28 |
| a charge for the recovery of unallocated funeral | 29 |
| provider overhead; and | 30 |
| (B) Place the following disclosure in the | 31 |
| statement of funeral goods and services selected: | 32 |
| "Charges are only for those items that you selected or | 33 |
| that are required. If we are required by law or by a | 34 |
| cemetery or crematory to use any items, we will explain |
|
|
|
09300HB5025ham001 |
- 15 - |
LRB093 16110 RXD 47571 a |
|
| 1 |
| the reasons in writing below." | 2 |
| Section 25. Services provided without prior approval. | 3 |
| (a) Unfair or deceptive acts or practices. In selling or | 4 |
| offering to sell funeral goods or funeral services to the | 5 |
| public, it is an unfair or deceptive act or practice for any | 6 |
| funeral provider to embalm a deceased human body for a fee | 7 |
| unless: | 8 |
| (1) State or local law or regulation requires embalming | 9 |
| in the particular circumstances regardless of any funeral | 10 |
| choice that the family might make; | 11 |
| (2) Prior approval for embalming, expressly described, | 12 |
| has been obtained from a family member or other authorized | 13 |
| person; or | 14 |
| (3) The funeral provider is unable to contact a family | 15 |
| member or other authorized person after exercising due | 16 |
| diligence, has no reason to believe the family does not | 17 |
| want embalming performed, and obtains subsequent approval | 18 |
| for embalming already performed, expressly described. In | 19 |
| seeking approval, the funeral provider must disclose that a | 20 |
| fee will be charged if the family selects a funeral that | 21 |
| requires embalming, such as a funeral with viewing, and | 22 |
| that no fee will be charged if the family selects a service | 23 |
| that does not require embalming, such as direct cremation | 24 |
| or immediate burial. | 25 |
| (b) Preventive requirement. To prevent these unfair or | 26 |
| deceptive acts or practices, a funeral provider must include on | 27 |
| the itemized statement of funeral goods or services selected, | 28 |
| required under paragraph (5) of subsection (b) of Section 10, | 29 |
| the statement: "If you selected a funeral that may require | 30 |
| embalming, such as a funeral with viewing, you may have to pay | 31 |
| for embalming. You do not have to pay for embalming you did not | 32 |
| approve if you selected arrangements such as a direct cremation | 33 |
| or immediate burial. If we charged for embalming, we will |
|
|
|
09300HB5025ham001 |
- 16 - |
LRB093 16110 RXD 47571 a |
|
| 1 |
| explain why below." | 2 |
| Section 30. Retention of documents. To prevent the unfair | 3 |
| or deceptive acts or practices specified in Sections 5 and 10 | 4 |
| of this Act, a funeral provider must retain and make available | 5 |
| for inspection by Commission officials true and accurate copies | 6 |
| of the price lists specified in subdivisions (b)(2) through | 7 |
| (b)(4) of Section 10 for at least one year after the date of | 8 |
| their last distribution to customers, and a copy of each | 9 |
| statement of funeral goods and services selected, as required | 10 |
| by paragraph (5) of subsection (b) of Section 10, for at least | 11 |
| one year from the date of the arrangements conference.
| 12 |
| Section 35. Comprehension of disclosures. To prevent the | 13 |
| unfair or deceptive acts or practices specified in Sections 5 | 14 |
| and 10, a funeral provider must make all disclosures required | 15 |
| by those Sections in a clear and conspicuous manner. A funeral | 16 |
| provider shall not include in the casket, outer burial | 17 |
| container, and general price lists, required under | 18 |
| subdivisions (b)(2) through (b)(4) of Section 10, any statement | 19 |
| or information that alters or contradicts the information | 20 |
| required by that Section to be included in those lists.
| 21 |
| Section 40. Severability. If any provisions of this Act or | 22 |
| its application to any person or circumstance is held invalid, | 23 |
| the invalidity of that provision or application does not affect | 24 |
| other provisions or applications of this Act that can be given | 25 |
| effect without the invalid provision or application.
| 26 |
| Section 45. Enforcement. | 27 |
| (a) The Attorney General and or the State's Attorney may | 28 |
| bring a civil action as well as obtain injunctive relief on | 29 |
| behalf of the residents of the State in the Circuit Court of | 30 |
| the county of appropriate jurisdiction to enforce the |
|
|
|
09300HB5025ham001 |
- 17 - |
LRB093 16110 RXD 47571 a |
|
| 1 |
| provisions of this Act. | 2 |
| (b) A person who violates any provision of this Act commits | 3 |
| an unlawful practice within the meaning of the Consumer Fraud | 4 |
| and Deceptive Business Practices Act. | 5 |
| (c) Any person that violates or fails to comply with any | 6 |
| provisions of this Act shall be subject to a civil penalty of | 7 |
| no more than $5,000 for each offense. | 8 |
| Section 90. The Consumer Fraud and Deceptive Business | 9 |
| Practices Act is amended by changing Section 2Z as follows:
| 10 |
| (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| 11 |
| Sec. 2Z. Violations of other Acts. Any person who knowingly | 12 |
| violates
the Automotive Repair Act,
the Home Repair and | 13 |
| Remodeling Act,
the Dance Studio Act,
the Physical Fitness | 14 |
| Services Act,
the Hearing Instrument Consumer Protection Act,
| 15 |
| the Illinois Union Label Act,
the Job Referral and Job Listing | 16 |
| Services Consumer Protection Act,
the Travel Promotion | 17 |
| Consumer Protection Act,
the Credit Services Organizations | 18 |
| Act,
the Automatic Telephone Dialers Act,
the Pay-Per-Call | 19 |
| Services Consumer Protection Act,
the Telephone Solicitations | 20 |
| Act,
the Illinois Funeral or Burial Funds Act,
the Cemetery | 21 |
| Care Act,
the Funeral Practices Act, the Safe and Hygienic Bed | 22 |
| Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home Loan | 23 |
| Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | 24 |
| Act, subsection
(a) or (b) of Section 3-10 of the Cigarette Use | 25 |
| Tax Act, the Electronic
Mail Act, or paragraph (6)
of
| 26 |
| subsection (k) of Section 6-305 of the Illinois Vehicle Code
| 27 |
| commits an unlawful practice within the meaning of this Act.
| 28 |
| (Source: P.A. 92-426, eff. 1-1-02; 93-561, eff. 1-1-04.)".
|
|