Full Text of SB0662 96th General Assembly
SB0662sam001 96TH GENERAL ASSEMBLY
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Sen. Emil Jones, III
Filed: 7/15/2009
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| AMENDMENT TO SENATE BILL 662
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| AMENDMENT NO. ______. Amend Senate Bill 662 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the Code | 5 |
| of Professional Conduct and Licensing in the Care of the | 6 |
| Deceased Act. | 7 |
| Section 5. Legislative findings and purpose. The citizens | 8 |
| of Illinois have an expectation that their loved ones will be | 9 |
| treated with the dignity and respect in death as they are | 10 |
| entitled to in life, and they have an expectation that State | 11 |
| and local governments will protect those rights. The | 12 |
| Legislature finds that existing laws of the State do not | 13 |
| provide adequate protection in upholding the sanctity of the | 14 |
| handling and disposition of human remains and the preservation | 15 |
| of final resting places. The purpose of this Act is to assure | 16 |
| that the deceased be accorded equal treatment and respect for |
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| human dignity without reference to ethnic origins, cultural | 2 |
| backgrounds, or religious affiliations. | 3 |
| Section 10. Definitions. | 4 |
| "Cemetery authority" means any person, firm, corporation, | 5 |
| trustee, partnership, association, or municipality owning, | 6 |
| operating, controlling, or managing a cemetery or holding lands | 7 |
| for burial grounds or burial purposes in this State. | 8 |
| "Cemetery" means any land or structure in this State | 9 |
| dedicated to and used, or intended to be used, for the | 10 |
| interment, inurnment, or entombment of human remains. | 11 |
| "Cemetery" does not include any cemetery that (1) performed | 12 |
| fewer than 25 interments, inurnments, and entombments during | 13 |
| the previous calendar year or (2) sold fewer than 25 interment, | 14 |
| inurnment, or entombment rights during the previous calendar | 15 |
| year. | 16 |
| "Department" means the Department of Financial and | 17 |
| Professional Regulation. | 18 |
| "Entombment right" means the right to place individual | 19 |
| human remains in a specific mausoleum crypt or lawn crypt | 20 |
| selected by a consumer for use as a final resting place. | 21 |
| "Interment right" means the right to place individual human | 22 |
| remains or cremated human remains in a specific underground | 23 |
| location selected by a consumer for use as a final resting | 24 |
| place. | 25 |
| "Inurnment right" means the right to place cremated human |
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| remains in a specific niche selected by a consumer for use as a | 2 |
| final resting place. | 3 |
| Section 15. Maintenance and records. | 4 |
| (a) A cemetery authority shall provide reasonable | 5 |
| maintenance of the cemetery property and of all lots, graves, | 6 |
| crypts, and columbariums in the cemetery. Reasonable | 7 |
| maintenance includes, but is not limited to: | 8 |
| (1) the laying of seed, sod, or other suitable ground | 9 |
| cover as soon as practical following an interment given the | 10 |
| weather conditions, climate, and season and the | 11 |
| interment's proximity to ongoing burial activity; | 12 |
| (2) the cutting of lawn throughout the cemetery at | 13 |
| reasonable intervals to prevent an overgrowth of grass and | 14 |
| weeds given the weather conditions, climate, and season; | 15 |
| (3) the trimming of shrubs to prevent excessive | 16 |
| overgrowth; | 17 |
| (4) the trimming of trees to remove dead limbs; | 18 |
| (5) keeping in repair the drains, water lines, roads, | 19 |
| buildings, fences, and other structures; and | 20 |
| (6) keeping the cemetery premises free of trash and | 21 |
| debris. | 22 |
| Reasonable maintenance by the cemetery authority shall not | 23 |
| preclude the exercise of lawful rights by the owner of an | 24 |
| interment, inurnment, or entombment right, or by the owner's | 25 |
| family or heirs, in accordance with reasonable rules and |
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| regulations of the cemetery or other agreement of the cemetery | 2 |
| authority. In the case of a cemetery dedicated as a nature | 3 |
| preserve under the Illinois Natural Areas Preservation Act, | 4 |
| reasonable maintenance by the cemetery authority shall be in | 5 |
| accordance with the rules and master plan governing the | 6 |
| dedicated nature preserve. | 7 |
| (b) A cemetery authority shall, from time to time as land | 8 |
| in its cemetery may be required for burial purposes, survey and | 9 |
| subdivide those lands and make and file in its office a map | 10 |
| delineating the lots or plots, avenues, paths, alleys, and | 11 |
| walks and their respective designations. The cemetery | 12 |
| authority shall open the map to public inspection. The cemetery | 13 |
| authority may make available a copy of the overall map upon | 14 |
| written request and payment of reasonable photocopy fees. Any | 15 |
| unsold lots, plots, or parts thereof, in which there are not | 16 |
| human remains, may be resurveyed and altered in shape or size | 17 |
| and properly designated on that map. Nothing contained in this | 18 |
| subsection, however, shall prevent the cemetery authority from | 19 |
| enlarging an interment right by selling to its owner the excess | 20 |
| space next to the interment right and permitting interments | 21 |
| therein, provided reasonable access to the interment right and | 22 |
| to adjoining interment rights is not thereby eliminated. | 23 |
| (c) A cemetery authority shall keep a record of every | 24 |
| interment, entombment, and inurnment in the cemetery. The | 25 |
| record shall include the deceased's name, age, and date of | 26 |
| burial, when these particulars can be conveniently obtained, |
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| and the lot, plot, or section where the human remains are | 2 |
| interred, entombed, or inurned. The record shall be open to | 3 |
| public inspection consistent with State and federal law. The | 4 |
| cemetery authority shall make available, consistent with State | 5 |
| and federal law, a true copy of the individual record within 2 | 6 |
| weeks after receipt of written request and payment of | 7 |
| reasonable copy costs. At the time of the interment, | 8 |
| entombment, or inurnment, the cemetery authority shall provide | 9 |
| a copy of the authorization or similar record of the deceased's | 10 |
| name and date of burial and the lot, plot, or section where the | 11 |
| human remains are interred, entombed, or inurned to the person | 12 |
| authorizing the interment, inurnment, or entombment. | 13 |
| (d) A cemetery authority shall file in a timely manner with | 14 |
| the county recorder the map required by subsection (b); records | 15 |
| of the transfer of any interest in real estate, such as rights | 16 |
| of interment, inurnment, or entombment; and any updates or | 17 |
| corrections to the maps or records. | 18 |
| Section 20. Licensing. In accordance with the purposes of | 19 |
| this Act, the Department shall license (i) cemetery | 20 |
| authorities, (ii) any person selling pre-need contracts under | 21 |
| the Illinois Funeral or Burial Funds Act, (iii) any person | 22 |
| selling pre-need contracts under the Illinois Pre-Need | 23 |
| Cemetery Sales Act; and (iv) any person selling interment | 24 |
| rights, inurnment rights, or entombment rights. Each cemetery | 25 |
| authority, person selling pre-need contracts under the |
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| Illinois Funeral or Burial Funds Act, person selling pre-need | 2 |
| contracts under the Illinois Pre-Need Cemetery Sales Act, and | 3 |
| person selling interment rights, inurnment rights, entombment | 4 |
| rights, openings and closings, memorials, monuments, or | 5 |
| cremation merchandise and services shall obtain a license from | 6 |
| the Department.
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| Section 23. Violation; injunction; cease and desist order. | 8 |
| Each of the following acts is declared to be inimical to the | 9 |
| public welfare and to constitute a public nuisance: | 10 |
| (1) Operating a cemetery without the license required | 11 |
| by Section 20.
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| (2) Any person without the license required by Section | 13 |
| 20 selling pre-need contracts under the Illinois Funeral or | 14 |
| Burial Funds Act; selling pre-need contracts under the | 15 |
| Illinois Pre-Need Cemetery Sales Act; or selling interment | 16 |
| rights, inurnment rights, or entombment rights.
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| The Director of the Department may, in the name of the | 18 |
| People of the State of Illinois, through the Attorney General | 19 |
| of the State of Illinois, or the State's Attorney of any county | 20 |
| in the State of Illinois, apply to the circuit court for an | 21 |
| injunction to enjoin any person from engaging in any of the | 22 |
| practices named in items (1) and (2). Upon the filing of a | 23 |
| verified petition with the court, the court, if satisfied by | 24 |
| affidavit or otherwise that such person is or has been engaged | 25 |
| in any of the practices named in items (1) and (2), may issue a |
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| temporary restraining order or preliminary injunction, without | 2 |
| notice or bond, enjoining the defendant from further engaging | 3 |
| in those practices. A copy of the verified petition shall be | 4 |
| served upon the defendant and the proceedings shall thereafter | 5 |
| be conducted as in other civil cases. If it is established that | 6 |
| the defendant has been or is engaged in any of the practices | 7 |
| named in items (1) and (2), the court may enter a decree | 8 |
| perpetually enjoining that defendant from further engaging in | 9 |
| those practices. In case of violation of any injunction issued | 10 |
| under the provisions of this Section, the court may summarily | 11 |
| try and punish the offender for contempt of court. An | 12 |
| injunction proceeding is in addition to and not in lieu of all | 13 |
| penalties and other remedies provided in this Act.
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| Whenever, in the opinion of the Department, any person | 15 |
| violates any provision of this Act, the Department may issue a | 16 |
| rule to show cause why an order to cease and desist should not | 17 |
| be entered against that person. The rule shall clearly set | 18 |
| forth the grounds relied upon by the Department and shall | 19 |
| provide a period of 30 days from the date of the rule to file an | 20 |
| answer to the satisfaction of the Department. Failure to answer | 21 |
| to the satisfaction of the Department shall cause an order to | 22 |
| cease and desist to be issued immediately.
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| The Department has the authority and power to investigate | 24 |
| any and all unlicensed activity.
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| Section 25. Rules. |
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| (a) The Department shall adopt rules necessary for the | 2 |
| administration of this Act. | 3 |
| (b) The rules adopted by the Department shall include a | 4 |
| professional code of conduct to govern licensees. The | 5 |
| professional code of conduct shall be designed to (1) govern | 6 |
| the conduct of cemetery authorities so as to protect the | 7 |
| sanctity of internments, entombments, and inurnments; (2) | 8 |
| ensure compliance with the cemetery authority records and | 9 |
| maintenance responsibilities established in this Act; (3) | 10 |
| address appropriate conduct in regard to the financial | 11 |
| transactions associated with the planning for and ultimate | 12 |
| disposition of human remains; and (4) provide enhanced consumer | 13 |
| protections through continuing education requirements for | 14 |
| licensees. | 15 |
| (c) The Department shall specify qualifications necessary | 16 |
| for licensure that include, but are not limited to, a | 17 |
| demonstration of familiarity with applicable State laws | 18 |
| concerning sales, cemetery authority record-keeping, the | 19 |
| handling of human remains, the reasonable duty of maintenance | 20 |
| required of cemetery authorities, and the professional code of | 21 |
| conduct established pursuant to this Act. The Department shall | 22 |
| require licensees to complete at least 12 hours of continuing | 23 |
| education during every 2-year period. The continuing education | 24 |
| shall, at a minimum, address appropriate conduct in regard to | 25 |
| the financial transactions associated with the planning for and | 26 |
| ultimate disposition of human remains; appropriate conduct in |
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| preservation of the sanctity of internments, entombments, and | 2 |
| inurnments; and responsibilities in the record keeping and | 3 |
| maintenance of cemeteries. | 4 |
| (d) The Department shall develop a booklet for consumers in | 5 |
| plain English describing the scope, application, and consumer | 6 |
| protections and consumer rights of this Act. After the booklet | 7 |
| is developed, no interment, inurnment, or entombment right may | 8 |
| be sold in this State unless the seller distributes to the | 9 |
| purchaser prior to the sale a booklet developed or approved for | 10 |
| use by the Department. | 11 |
| (e) The rules adopted under this Act may impose a | 12 |
| reasonable license fee. The fee may be used by the Department, | 13 |
| subject to appropriation, in implementation and administration | 14 |
| of this Act. | 15 |
| (f) The rules adopted by the Department shall provide | 16 |
| greater details as to what constitutes the reasonable | 17 |
| maintenance required under Section 15. The rules shall | 18 |
| differentiate between cemeteries based on, among other things, | 19 |
| the size and financial strength of cemeteries. The rules shall | 20 |
| also provide a reasonable opportunity for a cemetery to cure | 21 |
| any violation of the reasonable maintenance standard in a | 22 |
| timely manner given the weather conditions, climate, and season | 23 |
| before the Department initiates formal proceedings. | 24 |
| (g) The Department shall adopt initial rules for the | 25 |
| administration of this Act no later than January 1, 2010. |
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| Section 26. Grounds for discipline; refusal, revocation, | 2 |
| or suspension. | 3 |
| (a) The Department may refuse to issue or renew or may | 4 |
| revoke a license, or may suspend, place on probation, fine, or | 5 |
| take any disciplinary or non-disciplinary action as the | 6 |
| Department may deem proper, including fines not to exceed the | 7 |
| amounts provided for in Section 35, for each violation, with | 8 |
| regard to any licensee for any one or combination of the | 9 |
| following causes: | 10 |
| (1) Material misstatement in furnishing information to | 11 |
| the Department. | 12 |
| (2) Violations of this Act or its rules. | 13 |
| (3) Conviction of or entry of a plea of guilty or nolo | 14 |
| contendere to any crime that is a felony under the laws of | 15 |
| the United States or any state or territory thereof or a | 16 |
| misdemeanor of which an essential element is dishonesty or | 17 |
| that is directly related to the practice of the profession. | 18 |
| (4) Making any misrepresentation for the purpose of | 19 |
| obtaining a license or violating any provision of this Act | 20 |
| or its rules. | 21 |
| (5) Professional incompetence. | 22 |
| (6) Gross negligence. | 23 |
| (7) Aiding or assisting another person in violating any | 24 |
| provision of this Act or its rules. | 25 |
| (8) Failing, within 30 days, to provide information in | 26 |
| response to a request made by the Department. |
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| (9) Engaging in dishonorable, unethical, or | 2 |
| unprofessional conduct of a character likely to deceive, | 3 |
| defraud, or harm the public as defined by the rules of the | 4 |
| Department, or violating the rules of professional conduct | 5 |
| adopted by the Department. | 6 |
| (10) Habitual or excessive use or addiction to alcohol, | 7 |
| narcotics, stimulants, or any other chemical agent or drug | 8 |
| that results in the inability to practice with reasonable | 9 |
| judgment, skill, or safety. | 10 |
| (11) Discipline by another state, territory, or | 11 |
| country if at least one of the grounds for the discipline | 12 |
| is the same or substantially equivalent to those set forth | 13 |
| in this Act. | 14 |
| (12) Directly or indirectly giving to or receiving from | 15 |
| any person, firm, corporation, partnership, or association | 16 |
| any fee, commission, rebate, or other form of compensation | 17 |
| for any professional services not actually or personally | 18 |
| rendered. | 19 |
| (13) A finding by the Department that the licensee, | 20 |
| after having his or her license placed on probationary | 21 |
| status, has violated the terms of probation. | 22 |
| (14) Willfully making or filing false records or | 23 |
| reports relating to a licensee's practice, including but | 24 |
| not limited to false records filed with any state or | 25 |
| federal agencies or departments. | 26 |
| (15) Being named as a perpetrator in an indicated |
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| report by the Department of Children and Family Services | 2 |
| under the Abused and Neglected Child Reporting Act and upon
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| proof by clear and convincing evidence that the licensee | 4 |
| has caused a child to be an abused child or neglected child | 5 |
| as defined in the Abused and Neglected Child Reporting Act.
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| (16) Physical illness or mental illness or impairment, | 7 |
| including, but not limited to, deterioration through the | 8 |
| aging process or loss of motor skill that results in the | 9 |
| inability to practice the profession with reasonable | 10 |
| judgment, skill, or safety. | 11 |
| (17) Solicitation of professional services by using | 12 |
| false or misleading advertising. | 13 |
| (18) A finding that licensure has been applied for or | 14 |
| obtained by fraudulent means. | 15 |
| (19) Practicing or attempting to practice under a name | 16 |
| other than the full name as shown on the license or any | 17 |
| other legally authorized name. | 18 |
| (20) Gross overcharging for professional services | 19 |
| including, but not limited to, (i) collection of fees or | 20 |
| moneys for services that are not rendered; and (ii) | 21 |
| charging for services that are not in accordance with the | 22 |
| contract between the licensee and any person, partnership, | 23 |
| association, corporation, or other entity. | 24 |
| (21) Improper commingling of personal and client funds | 25 |
| in violation of this Act or any rules promulgated thereto. | 26 |
| (22) Failing to account for or remit any moneys or |
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| documents coming into the licensee's possession that | 2 |
| belong to another person or entity. | 3 |
| (23) Giving differential treatment to a person that is | 4 |
| to that person's detriment because of race, color, creed, | 5 |
| sex, religion, or national origin. | 6 |
| (24) Performing and charging for services without | 7 |
| reasonable authorization to do so from the person or entity | 8 |
| for whom service is being provided. | 9 |
| (25) Failing to make available to the Department, upon | 10 |
| request, any books, records, or forms required by this Act. | 11 |
| (26) Purporting to be a licensee-in-charge of an agency | 12 |
| without active participation in the agency. | 13 |
| (27) Failing to make available to the Department at the | 14 |
| time of the request any indicia of licensure or | 15 |
| registration issued under this Act. | 16 |
| (b) In accordance with subdivision (a)(5) of Section 15 of | 17 |
| the Department of Professional Regulation Law of the Civil | 18 |
| Administrative Code of Illinois (20 ILCS 2105/2105-15), the
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| Department shall deny a license or renewal authorized by this | 20 |
| Act to a person who has defaulted on an educational loan or | 21 |
| scholarship provided or guaranteed by the Illinois Student | 22 |
| Assistance Commission or any governmental agency of this State.
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| (c) The determination by a circuit court that a licensee is | 24 |
| subject to involuntary admission or judicial admission, as | 25 |
| provided in the Mental Health and Developmental Disabilities
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| Code, operates as an automatic suspension. The suspension will |
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| terminate only upon a finding by a court that the patient is no | 2 |
| longer subject to involuntary admission or judicial admission | 3 |
| and the issuance of an order so finding and discharging the | 4 |
| patient, and upon the recommendation to the Secretary that the | 5 |
| licensee be allowed to resume his or her practice.
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| (d) In accordance with subsection (g) of Section 15 of the | 7 |
| Department of Professional Regulation Law of the Civil | 8 |
| Administrative Code of Illinois (20 ILCS 2105/2105-15), the
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| Department may refuse to issue or renew or may suspend the | 10 |
| license of any person who fails to file a return, to pay the | 11 |
| tax, penalty, or interest shown in a filed return, or to pay
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| any final assessment of tax, penalty, or interest, as required | 13 |
| by any tax Act administered by the Department of Revenue, until | 14 |
| such time as the requirements of that tax Act are satisfied.
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| (e) In accordance with subdivision (a)(5) of Section 15 of | 16 |
| the Department of Professional Regulation Law of the Civil | 17 |
| Administrative Code of Illinois (20 ILCS 2105/2105-15) and in | 18 |
| cases where the Department of Healthcare and Family Services | 19 |
| (formerly Department of Public Aid) has previously determined | 20 |
| that a licensee or a potential licensee is more than 30 days | 21 |
| delinquent in the payment of child support and has subsequently | 22 |
| certified the delinquency to the Department may refuse to issue | 23 |
| or renew or may revoke or suspend that person's license or may | 24 |
| take other disciplinary action against that person based solely | 25 |
| upon the certification of delinquency made by the Department of
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| Healthcare and Family Services.
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| (f) In enforcing this Section, the Department upon a | 2 |
| showing of a possible violation may compel an individual | 3 |
| licensed to practice under this Act, or who has applied for | 4 |
| licensure under this Act, to submit to a mental or physical | 5 |
| examination, or both, as required by and at the expense of the | 6 |
| Department. The Department may order the examining physician to | 7 |
| present testimony concerning the mental or physical | 8 |
| examination of the licensee or applicant. No information shall | 9 |
| be excluded by reason of any common law or statutory privilege | 10 |
| relating to communications between the licensee or applicant | 11 |
| and the examining physician. The examining physicians shall be | 12 |
| specifically designated by the Department. The individual to be | 13 |
| examined may have, at his or her own expense, another physician | 14 |
| of his or her choice present during all aspects of this | 15 |
| examination. Failure of an individual to submit to a mental or | 16 |
| physical examination, when directed, shall be grounds for | 17 |
| suspension of his or her license or denial of his or her | 18 |
| application or renewal until the individual submits to the | 19 |
| examination if the Department finds, after notice and hearing, | 20 |
| that the refusal to submit to the examination was without | 21 |
| reasonable cause. | 22 |
| If the Department finds an individual unable to practice | 23 |
| because of the reasons set forth in this Section, the | 24 |
| Department may require that individual to submit to care, | 25 |
| counseling, or treatment by physicians approved or designated | 26 |
| by the Department, as a condition, term, or restriction for |
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| continued, reinstated, or renewed licensure to practice; or, in | 2 |
| lieu of care, counseling, or treatment, the Department may file | 3 |
| a complaint to immediately suspend, revoke, deny, or otherwise | 4 |
| discipline the license of the individual. An individual whose | 5 |
| license was granted, continued, reinstated, renewed, | 6 |
| disciplined or supervised subject to such terms, conditions, or | 7 |
| restrictions, and who fails to comply with such terms, | 8 |
| conditions, or restrictions, shall be referred to the Secretary | 9 |
| for a determination as to whether the individual shall have his | 10 |
| or her license suspended immediately, pending a hearing by the | 11 |
| Department. | 12 |
| In instances in which the Director immediately suspends a | 13 |
| person's license under this Section, a hearing on that person's | 14 |
| license must be convened by the Department within 30 days after | 15 |
| the suspension and completed without appreciable delay. The | 16 |
| Department shall have the authority to review the subject | 17 |
| individual's record of treatment and counseling regarding the | 18 |
| impairment to the extent permitted by applicable federal | 19 |
| statutes and regulations safeguarding the confidentiality of | 20 |
| medical records. | 21 |
| An individual licensed under this Act and affected under | 22 |
| this Section shall be afforded an opportunity to demonstrate to | 23 |
| the Department that he or she can resume practice in compliance | 24 |
| with acceptable and prevailing standards under the provisions | 25 |
| of his or her license. |
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| Section 27. Unlicensed practice; violation; civil penalty. | 2 |
| (a) Any person, entity, or other business that practices, | 3 |
| offers to practice, attempts to practice, or holds himself, | 4 |
| herself, or itself out to practice as a person or entity | 5 |
| required to hold a license pursuant to this Act without being | 6 |
| licensed under this Act shall, in addition to any other penalty | 7 |
| provided by law, pay a civil penalty to the Department in an | 8 |
| amount not to exceed the amounts provided for in Section 35 for | 9 |
| each offense, as determined by the Department. The civil | 10 |
| penalty shall be assessed by the Department after a hearing is | 11 |
| held in accordance with the provisions set forth in this Act | 12 |
| regarding the provision of a hearing for the discipline of a | 13 |
| licensee. | 14 |
| (b) The Department may investigate any and all unlicensed | 15 |
| activity. | 16 |
| (c) The civil penalty shall be paid within 60 days after | 17 |
| the effective date of the order imposing the civil penalty. The | 18 |
| order shall constitute a judgment and may be filed and
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| execution had thereon in the same manner as any judgment from | 20 |
| any court of record.
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| Section 30. Enforcement; complaints. | 22 |
| (a) The Department shall enforce the provisions of this Act | 23 |
| through annual inspections and the issuance of citations and | 24 |
| may assess fines pursuant to Section 35 of this Act. | 25 |
| The citations issued pursuant to this Act shall |
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| conspicuously include the following: | 2 |
| (1) the name of the offense and its statutory | 3 |
| reference; | 4 |
| (2) the nature and elements of the violation; | 5 |
| (3) the date and location of the violation; | 6 |
| (4) the name of the violator; | 7 |
| (5) the amount of the imposed fine and the location | 8 |
| where the violator can pay the fine without objection; | 9 |
| (6) the address and phone number of the enforcing | 10 |
| agency where the violator can request a hearing before the | 11 |
| Department to contest the imposition of the fine imposed by | 12 |
| the citation under the rules and procedures of the Illinois | 13 |
| Administrative Procedure Act; | 14 |
| (7) the time period in which to pay the fine or to | 15 |
| request a hearing to contest the imposition of the fine | 16 |
| imposed by the citation; and | 17 |
| (8) the verified signature of the person issuing the | 18 |
| citation. | 19 |
| One copy of the citation shall be provided to the violator | 20 |
| and one copy shall be provided to the entity otherwise | 21 |
| authorized by the enforcing agency to receive fines on its | 22 |
| behalf. | 23 |
| (b) Any person may register a complaint with the Department | 24 |
| for a violation of this Act. The Department shall establish a | 25 |
| telephone number that a person may call to register a complaint | 26 |
| under this subsection (b). |
|
|
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| 1 |
| (c) The Department shall afford a violator the opportunity | 2 |
| to pay the fine without objection or to contest the citation in | 3 |
| accordance with the Illinois Administrative Procedure Act, | 4 |
| except that in the case of a conflict between the Illinois | 5 |
| Administrative Procedure Act and this Act, the provisions of | 6 |
| this Act control. | 7 |
| (d) Upon receipt of a request for a hearing to contest the | 8 |
| imposition of a fine imposed by a citation, the Department | 9 |
| shall initiate a hearing conducted in accordance with the | 10 |
| Illinois Administrative Procedure Act and the rules | 11 |
| established by the Department applicable to contested cases, | 12 |
| except that in the case of a conflict between the Illinois | 13 |
| Administrative Procedure Act and this Act, the provisions of | 14 |
| this Act control. Parties to the hearing shall be the enforcing | 15 |
| agency and the violator. The Department shall notify the | 16 |
| violator in writing of the time, place, and location of the | 17 |
| hearing. The hearing shall be conducted at the nearest regional | 18 |
| office of the Department or in a location contracted by the | 19 |
| Department in a county where the citation was imposed. | 20 |
| (e) Fines imposed under this Act may be collected in | 21 |
| accordance with all methods otherwise available to the | 22 |
| Department, except that there shall be no collection efforts | 23 |
| during the pendency of the hearing before the Department. | 24 |
| Section 35. Violations. | 25 |
| (a) Any person that violates the provisions of this Act |
|
|
|
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| 1 |
| shall be fined pursuant to this Section. Each day that a | 2 |
| violation occurs is a separate violation. | 3 |
| (b) Violators shall be assessed (1) up to $500 for a first | 4 |
| violation, (2) up to $1,000 for the second violation within one | 5 |
| year after the first violation, and (3) up to $2,500 for each | 6 |
| additional violation within one year after the first violation. | 7 |
| The amount of the fine imposed under this Section may vary to | 8 |
| reflect the severity of the violation and the financial ability | 9 |
| of the violator. | 10 |
| Section 40. Injunctions; repeated violations. In addition | 11 |
| to any other sanction or remedy, the Department or any | 12 |
| individual personally affected by repeated violations may | 13 |
| institute, in circuit court, an action to enjoin violations of | 14 |
| this Act or order compliance with this Act. | 15 |
| Section 45. Severability. The provisions of this Act are | 16 |
| severable under Section 1.31 of the Statute on Statutes. | 17 |
| Section 90. The Illinois Funeral or Burial Funds Act is | 18 |
| amended by changing Sections 1a and 3a as follows:
| 19 |
| (225 ILCS 45/1a) (from Ch. 111 1/2, par. 73.101a)
| 20 |
| Sec. 1a.
For the purposes of this Act, the following terms | 21 |
| shall have
the meanings specified, unless the context clearly | 22 |
| requires another meaning:
|
|
|
|
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| 1 |
| "Beneficiary" means the person specified in the pre-need | 2 |
| contract upon
whose death funeral services or merchandise shall | 3 |
| be provided or delivered.
| 4 |
| "Licensee" means a seller of a pre-need contract who has
| 5 |
| been licensed by
the Comptroller under this Act.
| 6 |
| "Outer burial container" means any container made of | 7 |
| concrete,
steel, wood, fiberglass or similar material, used | 8 |
| solely at the interment
site, and designed and used exclusively | 9 |
| to surround or enclose a separate
casket and to support the | 10 |
| earth above such casket, commonly known as a
burial vault, | 11 |
| grave box or grave liner, but not including a lawn
crypt as | 12 |
| defined in the Illinois Pre-need Cemetery Sales Act.
| 13 |
| "Parent company" means a corporation owning more than 12 | 14 |
| cemeteries or
funeral homes in more than one state.
| 15 |
| "Person" means any person, partnership, association, | 16 |
| corporation, or
other entity.
| 17 |
| "Pre-need contract" means any agreement or contract, or any | 18 |
| series or
combination of agreements or contracts, whether | 19 |
| funded by trust deposits or
life insurance policies or | 20 |
| annuities, which has for a purpose the furnishing
or | 21 |
| performance of funeral services or the furnishing or delivery | 22 |
| of any
personal property, merchandise, or services of any | 23 |
| nature in connection with
the final disposition of a dead human | 24 |
| body. Nothing in this Act is intended to
regulate the content | 25 |
| of a life insurance policy or a tax-deferred annuity.
| 26 |
| "Provider" means a person who is obligated for furnishing |
|
|
|
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| 1 |
| or performing
funeral services or the furnishing or delivery of | 2 |
| any personal property,
merchandise, or services of any nature | 3 |
| in connection with the final disposition
of a dead human body.
| 4 |
| "Purchaser" means the person who originally paid the money | 5 |
| under or in
connection with a pre-need contract.
| 6 |
| "Sales proceeds" means the entire amount paid to a seller, | 7 |
| exclusive
of sales taxes paid by the seller, finance charges | 8 |
| paid by the purchaser, and
credit life, accident or disability | 9 |
| insurance premiums, upon any agreement or
contract, or series | 10 |
| or combination of agreements or contracts, for the purpose
of | 11 |
| performing funeral services or furnishing personal property, | 12 |
| merchandise, or
services of any nature in connection with the | 13 |
| final disposition of a dead human
body, including, but not | 14 |
| limited to, the retail price paid for such services
and | 15 |
| personal property and merchandise.
| 16 |
| "Purchase price" means sales proceeds less finance charges | 17 |
| on
retail
installment contracts.
| 18 |
| "Seller" means the person who sells or
offers to sell the | 19 |
| pre-need contract
to a purchaser, whether funded by a trust | 20 |
| agreement, life insurance policy,
or tax-deferred annuity. In | 21 |
| addition to licensing under this Act, a seller must be licensed | 22 |
| by the Department of Financial and Professional Regulation | 23 |
| under the Code of Professional Conduct and Licensing in the | 24 |
| Care of the Deceased Act.
| 25 |
| "Trustee" means a person authorized to hold funds under | 26 |
| this Act.
|
|
|
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| 1 |
| (Source: P.A. 92-419, eff. 1-1-02.)
| 2 |
| (225 ILCS 45/3a) (from Ch. 111 1/2, par. 73.103a)
| 3 |
| Sec. 3a. Denial, suspension, or revocation of license.
| 4 |
| (a) The Comptroller may refuse to issue or may suspend
or | 5 |
| revoke a license on any of the following grounds:
| 6 |
| (1) The applicant or licensee has made any
| 7 |
| misrepresentations or false statements or concealed any
| 8 |
| material fact.
| 9 |
| (2) The applicant or licensee is insolvent.
| 10 |
| (3) The applicant or licensee has been engaged in
| 11 |
| business practices that work a fraud.
| 12 |
| (4) The applicant or licensee has refused to give
| 13 |
| pertinent data to the Comptroller.
| 14 |
| (5) The applicant or licensee has failed to satisfy
any | 15 |
| enforceable judgment or decree rendered by any court
of | 16 |
| competent jurisdiction against the applicant.
| 17 |
| (6) The applicant or licensee has conducted or is
about | 18 |
| to conduct business in a fraudulent manner.
| 19 |
| (7) The trust agreement is
not in compliance with State | 20 |
| or federal law.
| 21 |
| (8) The fidelity bond is not satisfactory to the
| 22 |
| Comptroller.
| 23 |
| (9) As to any individual required to be listed in the | 24 |
| license application,
the individual has
conducted or is | 25 |
| about to conduct any business on behalf
of the applicant in |
|
|
|
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|
| 1 |
| a fraudulent manner; has been
convicted of any felony or | 2 |
| misdemeanor, an essential
element of which is fraud; has | 3 |
| had a judgment rendered
against him or her based on fraud | 4 |
| in any civil
litigation; has failed to satisfy any | 5 |
| enforceable
judgment or decree rendered against him or her | 6 |
| by any
court of competent jurisdiction; or has been | 7 |
| convicted
of any felony or any theft-related offense.
| 8 |
| (10) The applicant or licensee, including any member,
| 9 |
| officer, or director thereof if the applicant or
licensee | 10 |
| is a firm, partnership, association or
corporation and any | 11 |
| shareholder holding more than 10% of
the corporate stock, | 12 |
| has violated any provision of this
Act or any regulation, | 13 |
| decision, order, or finding made
by the Comptroller under | 14 |
| this Act.
| 15 |
| (11) The Comptroller finds any fact or condition
| 16 |
| existing which, if it had existed at the time of the
| 17 |
| original application for such license, would have
| 18 |
| warranted the Comptroller in refusing the issuance of
the | 19 |
| license.
| 20 |
| Any violation of the Code of Professional Conduct and | 21 |
| Licensing in the Care of the Deceased Act may result in denial | 22 |
| of a licensee application and may result in immediate | 23 |
| suspension and revocation of a license under this Act. | 24 |
| (b) Before refusal to issue or renew and before suspension | 25 |
| or
revocation of a
license, the Comptroller shall hold a | 26 |
| hearing to determine whether the
applicant or licensee, |
|
|
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| 1 |
| hereinafter referred to as the respondent, is entitled
to hold | 2 |
| such a license. At least 10 days prior to the date set for such
| 3 |
| hearing, the Comptroller shall notify the respondent in writing | 4 |
| that on the
date designated a hearing will be held to determine | 5 |
| his eligibility for a
license and that he may appear in person | 6 |
| or by counsel. Such written
notice may be served on the | 7 |
| respondent personally, or by registered or
certified mail sent | 8 |
| to the respondent's business address as shown in his
latest | 9 |
| notification to the Comptroller. At the hearing, both the
| 10 |
| respondent and the complainant shall be accorded ample | 11 |
| opportunity to
present in person or by counsel such statements, | 12 |
| testimony, evidence and
argument as may be pertinent to the | 13 |
| charges or to any defense thereto. The
Comptroller may | 14 |
| reasonably continue such hearing from time to time.
| 15 |
| The Comptroller may subpoena any person or persons in this | 16 |
| State and take
testimony orally, by deposition or by exhibit, | 17 |
| in the same manner and with
the same fees and mileage | 18 |
| allowances as prescribed in judicial proceedings
in civil | 19 |
| cases.
| 20 |
| Any authorized agent of the Comptroller may administer | 21 |
| oaths to witnesses
at any hearing which the Comptroller is | 22 |
| authorized to conduct.
| 23 |
| (Source: P.A. 92-419, eff. 1-1-02.)
| 24 |
| Section 95. The Illinois Public Aid Code is amended by | 25 |
| changing Section 12-4.11 as follows:
|
|
|
|
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|
| 1 |
| (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
| 2 |
| Sec. 12-4.11. Grant amounts. The Department,
with due | 3 |
| regard for and subject to budgetary limitations, shall | 4 |
| establish
grant amounts for each of the programs, by | 5 |
| regulation. The grant amounts may
vary by program, size of | 6 |
| assistance unit and geographic area.
| 7 |
| Aid payments shall not be reduced except: (1) for changes | 8 |
| in the cost of
items included in the grant amounts, or (2) for | 9 |
| changes in the expenses of the
recipient, or (3) for changes in | 10 |
| the income or resources available to the
recipient, or (4) for | 11 |
| changes in grants resulting from adoption of a
consolidated | 12 |
| grant amount. Beginning July 1, 2008, the Department of Human | 13 |
| Services shall increase TANF grant amounts in effect on June | 14 |
| 30, 2008 by 9%.
| 15 |
| Subject to appropriation, beginning on July 1, 2008, the | 16 |
| Department of Human Services shall increase TANF grant amounts | 17 |
| in effect on June 30, 2008 by 15%. The Department is authorized | 18 |
| to administer this increase but may not otherwise adopt any | 19 |
| rule to implement this increase. | 20 |
| In fixing standards to govern payments or reimbursements | 21 |
| for funeral
and burial expenses, the Department shall establish | 22 |
| a minimum allowable
amount of
not less than $1,137
$1,000 for | 23 |
| Department payment of funeral services and not less than $569 | 24 |
| $500 for
Department payment of burial or cremation services. On | 25 |
| January 1, 2006, July 1, 2006, and July 1, 2007, and July 1, |
|
|
|
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|
| 1 |
| 2010 and each July 1 thereafter, the Department shall increase | 2 |
| the minimum reimbursement amount for funeral and burial | 3 |
| expenses under this Section by a percentage equal to the | 4 |
| percentage increase in the Consumer Price Index for All Urban | 5 |
| Consumers, if any, during the 12 months immediately preceding | 6 |
| that January 1 or July 1. In establishing the minimum
allowable
| 7 |
| amount, the Department shall take into account the services
| 8 |
| essential to a dignified, low-cost (i) funeral and (ii) burial | 9 |
| or
cremation, including reasonable
amounts that may be | 10 |
| necessary for
burial space and cemetery charges, and any | 11 |
| applicable taxes or other
required governmental fees or | 12 |
| charges. If no
person has agreed to pay the total cost of the | 13 |
| (i) funeral and
(ii) burial or cremation
charges, the | 14 |
| Department shall pay the vendor the actual costs of the (i)
| 15 |
| funeral
and
(ii) burial or cremation, or the minimum allowable | 16 |
| amount for each service as
established by
the Department, | 17 |
| whichever is less, provided that the Department reduces its
| 18 |
| payments by
the amount available from the following sources: | 19 |
| the decedent's assets
and
available resources and the | 20 |
| anticipated amounts of any death benefits available
to the
| 21 |
| decedent's estate, and amounts paid and arranged to be paid by | 22 |
| the
decedent's legally
responsible relatives. A legally | 23 |
| responsible relative is expected to pay
(i) funeral and (ii) | 24 |
| burial
or cremation expenses unless financially unable to do | 25 |
| so.
| 26 |
| Nothing contained in this Section or in any other Section |
|
|
|
09600SB0662sam001 |
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|
| 1 |
| of this
Code shall be construed to prohibit the Illinois | 2 |
| Department (1) from
consolidating existing standards on the | 3 |
| basis of any standards which are
or were in effect on, or | 4 |
| subsequent to July 1, 1969, or (2) from
employing any | 5 |
| consolidated standards in determining need for public
aid and | 6 |
| the amount of money payment or grant for individual recipients
| 7 |
| or recipient families.
| 8 |
| The Department shall adopt rules establishing eligibility | 9 |
| criteria for the grant reimbursement program requiring | 10 |
| compliance with the Code of Professional Conduct and Licensing | 11 |
| in the Care of the Deceased Act. | 12 |
| (Source: P.A. 94-669, eff. 8-23-05; 95-744, eff. 7-18-08; | 13 |
| 95-1055, eff. 4-10-09; revised 4-14-09 .)
| 14 |
| Section 96. The Crematory Regulation Act is amended by | 15 |
| changing Sections 5, 10, 11, 11.5, 12, 13, 22, 55, 60, 62, | 16 |
| 62.5, 62.10, 62.15, and 62.20 as follows:
| 17 |
| (410 ILCS 18/5)
| 18 |
| Sec. 5. Definitions. As used in this Act:
| 19 |
| "Alternative container" means a receptacle, other than a | 20 |
| casket, in
which human remains are transported to the crematory | 21 |
| and placed in the
cremation chamber for cremation. An | 22 |
| alternative container shall be
(i) composed of readily | 23 |
| combustible materials suitable for cremation, (ii) able
to be | 24 |
| closed in order to provide a complete covering for the human |
|
|
|
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| 1 |
| remains,
(iii) resistant to leakage or spillage, (iv) rigid | 2 |
| enough for handling with
ease, and (v) able to provide | 3 |
| protection for the health, safety, and personal
integrity of | 4 |
| crematory personnel.
| 5 |
| "Authorizing agent" means a person legally entitled to | 6 |
| order the cremation and final
disposition of specific human | 7 |
| remains.
| 8 |
| "Body parts" means limbs or other portions of the anatomy | 9 |
| that are
removed from a person or human remains for medical | 10 |
| purposes during treatment,
surgery, biopsy, autopsy, or | 11 |
| medical research; or human bodies or any portion
of bodies that | 12 |
| have been donated to science for medical research purposes.
| 13 |
| "Burial transit permit" means a permit for disposition of a | 14 |
| dead human
body as required by Illinois law.
| 15 |
| "Casket" means a rigid container that is designed for the | 16 |
| encasement of human
remains, is usually constructed of wood, | 17 |
| metal, or like material and ornamented
and lined with fabric, | 18 |
| and may or may not be combustible.
| 19 |
| "Change of ownership" means a transfer of more than 50% of | 20 |
| the stock or
assets of a crematory authority.
| 21 |
| "Comptroller" means the Comptroller of the State of | 22 |
| Illinois.
| 23 |
| "Cremated remains" means all human remains recovered after | 24 |
| the completion
of the cremation, which may possibly include the | 25 |
| residue of any foreign matter
including casket material, | 26 |
| bridgework, or eyeglasses, that was cremated with
the human |
|
|
|
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| 1 |
| remains.
| 2 |
| "Cremation" means the technical process, using heat and | 3 |
| flame, that
reduces human remains to bone fragments. The | 4 |
| reduction takes place through
heat and evaporation. Cremation | 5 |
| shall include the processing, and may include
the | 6 |
| pulverization, of the bone fragments.
| 7 |
| "Cremation chamber" means the enclosed space within which | 8 |
| the cremation
takes place.
| 9 |
| "Cremation interment container" means a rigid outer | 10 |
| container that,
subject to a cemetery's rules and regulations, | 11 |
| is composed of concrete, steel,
fiberglass, or some similar | 12 |
| material in which an urn is placed prior to being
interred in | 13 |
| the ground, and which is designed to withstand prolonged | 14 |
| exposure
to the elements and to support the earth above the | 15 |
| urn.
| 16 |
| "Cremation room" means the room in which the cremation | 17 |
| chamber is located.
| 18 |
| "Crematory" means the building or portion of a building | 19 |
| that houses the
cremation room and the holding facility.
| 20 |
| "Crematory authority" means the legal entity which is | 21 |
| licensed by
the Department Comptroller to
operate a crematory | 22 |
| and to perform cremations.
| 23 |
| "Department" means the Illinois Department of Financial | 24 |
| and Professional Regulation Public Health .
| 25 |
| "Final disposition" means the burial, cremation, or other | 26 |
| disposition of
a dead human body or parts of a dead human body.
|
|
|
|
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| 1 |
| "Funeral director" means a person known by the title of | 2 |
| "funeral
director", "funeral director and embalmer", or other | 3 |
| similar words or
titles, licensed by the State to practice | 4 |
| funeral directing or funeral
directing and embalming.
| 5 |
| "Funeral establishment" means a building or separate | 6 |
| portion of a building
having a specific street address and | 7 |
| location and devoted to activities
relating to the shelter, | 8 |
| care, custody, and preparation of a deceased human
body and may | 9 |
| contain facilities for funeral or wake services.
| 10 |
| "Holding facility" means an area that (i) is designated for | 11 |
| the retention of
human remains prior to cremation, (ii) | 12 |
| complies with all applicable public
health law, (iii) preserves | 13 |
| the health and safety of the crematory authority
personnel, and | 14 |
| (iv) is secure from access by anyone other than authorized
| 15 |
| persons. A holding facility may be located in a cremation room.
| 16 |
| "Human remains" means the body of a deceased person, | 17 |
| including
any form of body prosthesis that has been permanently | 18 |
| attached or
implanted in the body.
| 19 |
| "Niche" means a compartment or cubicle for the | 20 |
| memorialization and permanent
placement of an urn containing | 21 |
| cremated remains.
| 22 |
| "Processing" means the reduction of identifiable bone | 23 |
| fragments after the
completion of the cremation process to | 24 |
| unidentifiable bone fragments by manual
or mechanical means.
| 25 |
| "Pulverization" means the reduction of identifiable bone | 26 |
| fragments after the
completion of the cremation process to |
|
|
|
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| 1 |
| granulated particles by manual or
mechanical means.
| 2 |
| "Scattering area" means an area which may be designated by | 3 |
| a cemetery and
located on dedicated cemetery property where | 4 |
| cremated remains, which have been
removed
from their container, | 5 |
| can be mixed with, or placed on top of, the soil or
ground | 6 |
| cover.
| 7 |
| "Temporary container" means a receptacle for cremated
| 8 |
| remains, usually composed of cardboard, plastic or similar | 9 |
| material, that
can be closed in a manner that prevents the | 10 |
| leakage or spillage of the
cremated remains or the entrance of | 11 |
| foreign material, and is a single
container of sufficient size | 12 |
| to hold the cremated remains until an urn is
acquired or the | 13 |
| cremated remains are scattered.
| 14 |
| "Urn" means a receptacle
designed to encase the cremated | 15 |
| remains.
| 16 |
| (Source: P.A. 92-675, eff. 7-1-03.)
| 17 |
| (410 ILCS 18/10)
| 18 |
| Sec. 10.
Establishment of crematory and licensing of
| 19 |
| crematory authority.
| 20 |
| (a) Any person doing business in this State, or any | 21 |
| cemetery,
funeral establishment, corporation, partnership, | 22 |
| joint venture, voluntary
organization or any other entity, may | 23 |
| erect, maintain, and operate a
crematory in this State and | 24 |
| provide the necessary appliances and
facilities for the | 25 |
| cremation of human remains in accordance with this Act.
|
|
|
|
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|
| 1 |
| (b) A crematory shall be subject to all local, State, and | 2 |
| federal health and
environmental protection requirements and | 3 |
| shall obtain all necessary licenses
and permits from the | 4 |
| Illinois Department of Public Health , the federal Department of | 5 |
| Health and Human
Services, and the Illinois and federal | 6 |
| Environmental Protection Agencies, or
such other appropriate | 7 |
| local, State, or federal agencies.
| 8 |
| (c) A crematory may be constructed on or adjacent to any | 9 |
| cemetery, on or
adjacent to any funeral establishment, or at | 10 |
| any other location consistent with
local zoning regulations.
| 11 |
| (d) An application for licensure as a crematory
authority | 12 |
| shall be in
writing on forms furnished by the Department | 13 |
| Comptroller . Applications shall be
accompanied by a fee of $50 | 14 |
| and shall contain all of the following:
| 15 |
| (1) The full name and address, both residence and | 16 |
| business, of the
applicant if the applicant is an | 17 |
| individual; the full name and address of
every member if | 18 |
| the applicant is a partnership; the full name and address | 19 |
| of
every member of the board of directors if the applicant | 20 |
| is an association; and
the name and address of every | 21 |
| officer, director, and shareholder holding more
than 25% of | 22 |
| the corporate stock if the applicant is a corporation.
| 23 |
| (2) The address and location of the crematory.
| 24 |
| (3) A description of the type of structure and | 25 |
| equipment to be used in
the operation of the crematory, | 26 |
| including the operating permit number issued
to the |
|
|
|
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| 1 |
| cremation device by the Illinois Environmental Protection | 2 |
| Agency.
| 3 |
| (3.5) Attestation by the owner that cremation services | 4 |
| shall
be by a person trained in accordance with the | 5 |
| requirements of Section 22 of
this Act.
| 6 |
| (3.10) A copy of the certification or certifications | 7 |
| issued by the
certification program to the person or | 8 |
| persons who will operate the cremation
device.
| 9 |
| (4) Any further information that the Department | 10 |
| Comptroller reasonably may require.
| 11 |
| (e) Each crematory authority shall file an annual report | 12 |
| with the Department
Comptroller , accompanied with a $25 fee, | 13 |
| providing
(i) an affidavit signed by the owner of the crematory | 14 |
| authority that at the
time
of the report the cremation device | 15 |
| was in proper operating condition,
(ii) the total number of all | 16 |
| cremations performed at the crematory
during the past
year, | 17 |
| (iii) attestation by the licensee that all applicable permits | 18 |
| and
certifications are
valid, and (iv) either (A)
any changes | 19 |
| required in the
information provided under subsection (d) or | 20 |
| (B) an indication that no changes have
occurred. The annual | 21 |
| report shall be filed by a crematory authority on or
before | 22 |
| March 15 of each calendar year, in the Department Office of the | 23 |
| Comptroller . If the
fiscal year of a crematory authority is | 24 |
| other than on a calendar year
basis, then the crematory | 25 |
| authority shall file the report required by
this Section within | 26 |
| 75 days after the end of its fiscal year. The Department
|
|
|
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| 1 |
| Comptroller shall, for good cause shown, grant an extension for | 2 |
| the filing of
the annual report upon the written request of the | 3 |
| crematory authority. An
extension shall not exceed 60 days. If | 4 |
| a crematory authority fails to
submit an annual report to the | 5 |
| Department Comptroller within the time specified in
this | 6 |
| Section, the Department Comptroller shall impose upon the | 7 |
| crematory authority a
penalty of $5 for each and every day the | 8 |
| crematory authority remains
delinquent in submitting the | 9 |
| annual report. The Department Comptroller may abate all or
part | 10 |
| of the $5 daily penalty for good cause shown.
| 11 |
| (f) All records required to be maintained under this Act, | 12 |
| including but
not limited to those relating to the license and | 13 |
| annual
report of the
crematory authority required to be filed | 14 |
| under this Section, shall be
subject to inspection by the | 15 |
| Department Comptroller upon reasonable notice.
| 16 |
| (g) The Department Comptroller may inspect crematory | 17 |
| records at the crematory
authority's place of business to | 18 |
| review
the
licensee's compliance with this Act. The inspection | 19 |
| must include
verification that:
| 20 |
| (1) the crematory authority has complied with | 21 |
| record-keeping requirements
of this
Act;
| 22 |
| (2) a crematory device operator's certification of | 23 |
| training is
conspicuously
displayed at
the crematory;
| 24 |
| (3) the cremation device has a current operating permit | 25 |
| issued by the
Illinois
Environmental Protection Agency and | 26 |
| the permit is conspicuously displayed
in the crematory;
|
|
|
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| (4) the crematory authority is in compliance with local | 2 |
| zoning
requirements; and
| 3 |
| (5) the crematory authority license issued by the | 4 |
| Department Comptroller is
conspicuously
displayed
at
the | 5 |
| crematory.
| 6 |
| (h) The Department Comptroller shall issue licenses under | 7 |
| this Act to the crematories
that are
registered
with
the | 8 |
| Comptroller as of July 1, 2003 without requiring the previously | 9 |
| registered
crematories
to complete license applications.
| 10 |
| (Source: P.A. 92-419, eff. 1-1-02; 92-675, eff. 7-1-03.)
| 11 |
| (410 ILCS 18/11)
| 12 |
| Sec. 11.
Grounds for refusal of license or suspension or | 13 |
| revocation of
license.
| 14 |
| (a) In this Section, "applicant" means a person who has | 15 |
| applied for a
license
under
this Act.
| 16 |
| (b) The Department Comptroller may refuse to issue a | 17 |
| license under this Act, or may
suspend
or revoke a license | 18 |
| issued under this Act, on any of the following grounds:
| 19 |
| (1) The applicant or licensee has made any | 20 |
| misrepresentation or false
statement or concealed any | 21 |
| material fact in connection with a license
application or | 22 |
| licensure under this Act.
| 23 |
| (2) The applicant or licensee has been engaged in | 24 |
| business practices that
work a fraud.
| 25 |
| (3) The applicant or licensee has refused to give |
|
|
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| information required
under this Act to be disclosed to the | 2 |
| Department
Comptroller .
| 3 |
| (4) The applicant or licensee has conducted or is about | 4 |
| to conduct
cremation
business in a fraudulent manner.
| 5 |
| (5) As to any individual listed in the license | 6 |
| application as required
under Section 10, that individual | 7 |
| has conducted or is about to conduct any
cremation business | 8 |
| on behalf of the applicant in a fraudulent manner or has
| 9 |
| been
convicted
of any felony or misdemeanor an essential | 10 |
| element of which is fraud.
| 11 |
| (6) The applicant or licensee has failed to make the | 12 |
| annual report
required
by this Act or to comply with a | 13 |
| final order, decision, or finding of the Department
| 14 |
| Comptroller
made under this Act.
| 15 |
| (7) The applicant or licensee, including any member, | 16 |
| officer, or director
of
the applicant or licensee if the | 17 |
| applicant or licensee is a firm, partnership,
association, | 18 |
| or corporation and including any shareholder holding more | 19 |
| than 25%
of the corporate stock of the applicant or | 20 |
| licensee, has violated any provision
of
this Act or any | 21 |
| regulation or order made by the Department Comptroller | 22 |
| under this Act.
| 23 |
| (8) The Department Comptroller finds any fact or | 24 |
| condition existing that, if it had
existed at the time of | 25 |
| the original application for a license under this Act,
| 26 |
| would
have warranted the Department Comptroller in |
|
|
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| 1 |
| refusing the issuance of the license.
| 2 |
| (Source: P.A. 92-675, eff. 7-1-03.)
| 3 |
| (410 ILCS 18/11.5)
| 4 |
| Sec. 11.5. License revocation or suspension; surrender of | 5 |
| license.
| 6 |
| (a) Upon determining that grounds exist for the revocation | 7 |
| or suspension of
a
license issued under this Act, the | 8 |
| Department Comptroller , if appropriate, may revoke or
suspend | 9 |
| the
license issued to the licensee.
| 10 |
| (b) Upon the revocation or suspension of a license issued | 11 |
| under this Act,
the
licensee must immediately surrender the | 12 |
| license to the Department Comptroller . If the
licensee fails to
| 13 |
| do so, the Department Comptroller may seize the license.
| 14 |
| (Source: P.A. 92-675, eff. 7-1-03.)
| 15 |
| (410 ILCS 18/12)
| 16 |
| Sec. 12. Surrender of license; effect on licensee's | 17 |
| liability. A licensee
may
surrender a license issued under this | 18 |
| Act by delivering to the Department Comptroller a
written | 19 |
| notice
stating that the licensee thereby surrenders the | 20 |
| license, but such a surrender
does not
affect the licensee's | 21 |
| civil or criminal liability for acts committed before the
| 22 |
| surrender.
| 23 |
| (Source: P.A. 92-675, eff. 7-1-03.)
|
|
|
|
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| 1 |
| (410 ILCS 18/13)
| 2 |
| Sec. 13. License; display; transfer; duration.
| 3 |
| (a) Every license issued under this Act must state the | 4 |
| number of the
license, the
business name and address of the | 5 |
| licensee's principal place of business, and
the licensee's
| 6 |
| parent company, if any. The license must be conspicuously | 7 |
| posted in the place
of business
operating under the license.
| 8 |
| (b) No license is transferable or assignable without the | 9 |
| express
written
consent of the Department Comptroller . A | 10 |
| transfer of more than 50% of the ownership of any
business | 11 |
| licensed under this Act shall be deemed to be an attempted | 12 |
| assignment
of
the license
originally issued to the licensee for | 13 |
| whom consent of the Department Comptroller is
required.
| 14 |
| (c) Every license issued under this Act shall remain in | 15 |
| force until it has
been
surrendered, suspended, or revoked in | 16 |
| accordance with this Act.
Upon
the request of an interested | 17 |
| person or on the Department's Comptroller's own motion, the | 18 |
| Department
Comptroller may
issue a new
license to a licensee | 19 |
| whose license has been revoked under this Act if no
factor or
| 20 |
| condition then exists which would have warranted the Department | 21 |
| Comptroller in
originally refusing
the issuance of the license.
| 22 |
| (Source: P.A. 92-675, eff. 7-1-03.)
| 23 |
| (410 ILCS 18/22)
| 24 |
| Sec. 22. Performance of cremation service; training. A | 25 |
| person may not
perform a cremation service in this State unless |
|
|
|
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| 1 |
| he or she has completed
training in performing cremation | 2 |
| services and received certification by a
program recognized by | 3 |
| the Department Comptroller . The crematory authority must
| 4 |
| conspicuously display the certification at the crematory | 5 |
| authority's place of
business. Any new employee shall have a | 6 |
| reasonable time period, not
to exceed one year, to attend a | 7 |
| recognized training program. In the interim,
the new employee | 8 |
| may perform a cremation service if he or she has received
| 9 |
| training from another person who has received certification by | 10 |
| a program
recognized by the Department Comptroller . For | 11 |
| purposes of this Act, the Department Comptroller shall
| 12 |
| recognize any training program that provides training in the | 13 |
| operation of a
cremation device, in the maintenance of a clean | 14 |
| facility, and in the proper
handling of human remains. The | 15 |
| Department Comptroller shall recognize any course that is
| 16 |
| conducted by a death care trade association in Illinois or the | 17 |
| United States or
by a manufacturer of a cremation unit that is | 18 |
| consistent with the standards
provided in this Act.
| 19 |
| (Source: P.A. 92-675, eff. 7-1-03.)
| 20 |
| (410 ILCS 18/55)
| 21 |
| Sec. 55. Penalties.
| 22 |
| Violations of this Act shall be punishable as follows:
| 23 |
| (1) Performing a cremation without receipt of a | 24 |
| cremation
authorization form signed by an authorizing | 25 |
| agent shall be a Class 4 felony.
|
|
|
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| 1 |
| (2) Signing a cremation authorization form with the | 2 |
| actual
knowledge that the form contains false or incorrect | 3 |
| information shall be a
Class 4 felony.
| 4 |
| (3) A violation Violation of any cremation procedure | 5 |
| set forth in Section 35
shall be a Class 4 felony.
| 6 |
| (4) Holding oneself out to the public as a crematory | 7 |
| authority, or the
operation of a building or structure | 8 |
| within this State as a crematory, without
being licensed | 9 |
| under this Act, shall be a Class A
misdemeanor.
| 10 |
| (4.5) Performance of a cremation service by a person
| 11 |
| who has not
completed a training program as defined in | 12 |
| Section 22 of this Act
shall be a Class A misdemeanor.
| 13 |
| (4.10) Any person who intentionally violates a | 14 |
| provision of this Act or a
final order of the Department | 15 |
| Comptroller is liable for a civil penalty not to exceed
| 16 |
| $5,000 per
violation.
| 17 |
| (4.15) Any person who knowingly acts without proper | 18 |
| legal authority and
who
willfully and knowingly destroys or | 19 |
| damages the remains of a deceased human
being or who | 20 |
| desecrates human remains is guilty of a Class 3 felony.
| 21 |
| (5) A violation of any other provision of this
Act | 22 |
| shall be a Class B misdemeanor.
| 23 |
| (Source: P.A. 92-675, eff. 7-1-03.)
| 24 |
| (410 ILCS 18/60)
| 25 |
| Sec. 60. Failure to file annual report. Whenever a |
|
|
|
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| 1 |
| crematory
authority refuses or neglects to file
its annual | 2 |
| report in violation of Section 10 of this Act, or fails to
| 3 |
| otherwise comply with the requirements of
this Act, the | 4 |
| Department Comptroller may commence an administrative | 5 |
| proceeding as
authorized by this Act or may communicate the | 6 |
| facts to the Attorney
General of the State of Illinois who | 7 |
| shall thereupon institute such
proceedings against the | 8 |
| crematory authority or its officers as the nature
of the case | 9 |
| may require.
| 10 |
| (Source: P.A. 92-675, eff. 7-1-03.)
| 11 |
| (410 ILCS 18/62)
| 12 |
| Sec. 62. Investigation of unlawful practices. If the | 13 |
| Department
Comptroller has good cause to believe that a
person | 14 |
| has engaged in, is engaging in, or is about to engage in any | 15 |
| practice in
violation of
this Act, the Department Comptroller | 16 |
| may do any one or more of the following:
| 17 |
| (1) Require that person to file, on terms the | 18 |
| Department Comptroller prescribes, a
statement or report | 19 |
| in writing, under oath or otherwise, containing all
| 20 |
| information
that the Department Comptroller considers | 21 |
| necessary to ascertain whether a licensee is in
compliance | 22 |
| with this Act, or whether an unlicensed person is engaging | 23 |
| in
activities for which a license is required under this | 24 |
| Act.
| 25 |
| (2) Examine under oath any person in connection with |
|
|
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| 1 |
| the books and
records required to be maintained under this | 2 |
| Act.
| 3 |
| (3) Examine any books and records of a licensee that | 4 |
| the Department Comptroller
considers necessary to | 5 |
| ascertain compliance with this Act.
| 6 |
| (4) Require the production of a copy of any record, | 7 |
| book, document,
account, or paper that is produced in | 8 |
| accordance with this Act and retain it in
the Department's
| 9 |
| Comptroller's possession until the completion of all | 10 |
| proceedings in connection
with which it is produced.
| 11 |
| (Source: P.A. 92-675, eff. 7-1-03.)
| 12 |
| (410 ILCS 18/62.5)
| 13 |
| Sec. 62.5. Service of notice. Service by the Department | 14 |
| Comptroller of any notice
requiring a
person to file a | 15 |
| statement or report under this Act shall be made: (1)
| 16 |
| personally by
delivery of a duly executed copy of the notice to | 17 |
| the person to be served or,
if that person
is not a natural | 18 |
| person, in the manner provided in the Civil Practice Law when
a
| 19 |
| complaint is filed; or (2) by mailing by certified mail a duly | 20 |
| executed copy of
the notice
to the person to be served at his | 21 |
| or her last known abode or principal place of
business
within | 22 |
| this State.
| 23 |
| (Source: P.A. 92-675, eff. 7-1-03.)
| 24 |
| (410 ILCS 18/62.10)
|
|
|
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| 1 |
| Sec. 62.10. Investigation of actions; hearing.
| 2 |
| (a) The Department Comptroller shall make an investigation
| 3 |
| upon
discovering facts that, if proved, would constitute | 4 |
| grounds for refusal,
suspension, or
revocation of a license | 5 |
| under this Act.
| 6 |
| (b) Before refusing to issue, and before suspending or | 7 |
| revoking, a license
under
this Act, the Department Comptroller | 8 |
| shall hold a hearing to determine whether the
applicant for a
| 9 |
| license or the licensee ("the respondent") is entitled to hold | 10 |
| such a license.
At least 10
days before the date set for the | 11 |
| hearing, the Department Comptroller shall notify the
| 12 |
| respondent in
writing that (i) on the designated date a hearing | 13 |
| will be held to determine the
respondent's
eligibility for a | 14 |
| license and (ii) the respondent may appear in person or by
| 15 |
| counsel. The
written notice may be served on the respondent | 16 |
| personally, or by registered or
certified
mail sent to the | 17 |
| respondent's business address as shown in the respondent's
| 18 |
| latest
notification to the Department Comptroller . The notice | 19 |
| must include sufficient information
to inform
the respondent of | 20 |
| the general nature of the reason for the Department's | 21 |
| Comptroller's
action.
| 22 |
| (c) At the hearing, both the respondent and the complainant | 23 |
| shall be
accorded
ample opportunity to present in person or by | 24 |
| counsel such statements,
testimony,
evidence, and argument as | 25 |
| may be pertinent to the charge or to any defense to
the charge. | 26 |
| The Department
Comptroller may reasonably continue the hearing |
|
|
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| 1 |
| from time to time. The Department
Comptroller
may subpoena any | 2 |
| person or persons in this State and take testimony orally, by
| 3 |
| deposition, or by exhibit, in the same manner and with the same | 4 |
| fees and
mileage as
prescribed in judicial proceedings in civil | 5 |
| cases. Any authorized agent of the Department
Comptroller
may | 6 |
| administer oaths to witnesses at any hearing that the | 7 |
| Department Comptroller is
authorized to
conduct.
| 8 |
| (d) The Department Comptroller , at the Department's | 9 |
| Comptroller's expense, shall provide a certified
shorthand | 10 |
| reporter to take down the testimony and preserve a record of | 11 |
| every
proceeding at
the hearing of any case involving the | 12 |
| refusal to issue a license under this
Act, the
suspension or | 13 |
| revocation of such a license, the imposition of a monetary
| 14 |
| penalty, or the
referral of a case for criminal prosecution. | 15 |
| The record of any such proceeding
shall
consist of the notice | 16 |
| of hearing, the complaint, all other documents in the
nature
of | 17 |
| pleadings
and written motions filed in the proceeding, the | 18 |
| transcript of testimony, and
the report and
orders of the | 19 |
| Department Comptroller . Copies of the transcript of the record | 20 |
| may be
purchased from
the certified shorthand reporter who | 21 |
| prepared the record or from the Department
Comptroller .
| 22 |
| (Source: P.A. 92-675, eff. 7-1-03.)
| 23 |
| (410 ILCS 18/62.15)
| 24 |
| Sec. 62.15. Court order. Upon the application of the | 25 |
| Department Comptroller or of the
applicant or licensee against |
|
|
|
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| 1 |
| whom proceedings under Section 62.10 are pending,
any circuit | 2 |
| court may enter an order requiring witnesses to attend and | 3 |
| testify
and requiring the production of documents, papers, | 4 |
| files, books, and records in
connection with any hearing in any | 5 |
| proceeding under that Section. Failure to
obey such a court | 6 |
| order may result in contempt proceedings.
| 7 |
| (Source: P.A. 92-675, eff. 7-1-03.)
| 8 |
| (410 ILCS 18/62.20)
| 9 |
| Sec. 62.20. Judicial review.
| 10 |
| (a) Any person affected by a final administrative
decision
| 11 |
| of the Department Comptroller under this Act may have the | 12 |
| decision reviewed judicially by
the circuit
court of the county | 13 |
| where the person resides or, in the case of a corporation,
| 14 |
| where the
corporation's registered office is located. If the | 15 |
| plaintiff in the judicial
review proceeding
is not a resident | 16 |
| of this State, venue shall be in Sangamon County. The
| 17 |
| provisions of the
Administrative Review Law and any rules | 18 |
| adopted under it govern all proceedings
for the
judicial review | 19 |
| of final administrative decisions of the Department | 20 |
| Comptroller under this
Act. The
term "administrative decision" | 21 |
| is defined as in the Administrative Review Law.
| 22 |
| (b) The Department
Comptroller is not required to certify | 23 |
| the record of the proceeding unless the
plaintiff in
the review | 24 |
| proceeding has purchased a copy of the transcript from the | 25 |
| certified
shorthand
reporter who prepared the record or from |
|
|
|
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| 1 |
| the Department Comptroller . Exhibits shall be
certified
| 2 |
| without cost.
| 3 |
| (Source: P.A. 92-675, eff. 7-1-03.)
| 4 |
| Section 97. The Vital Records Act is amended by changing | 5 |
| Section 11 as follows:
| 6 |
| (410 ILCS 535/11) (from Ch. 111 1/2, par. 73-11)
| 7 |
| Sec. 11. Information required on forms.
| 8 |
| (a) The form of certificates, reports, and other returns
| 9 |
| required by this Act or by regulations adopted under this Act | 10 |
| shall include
as a minimum the items recommended by the federal | 11 |
| agency responsible for
national vital statistics, subject to | 12 |
| approval of and modification by the
Department. All forms shall | 13 |
| be prescribed and furnished by the
State Registrar of Vital | 14 |
| Records.
| 15 |
| (b) On and after the effective date of this amendatory Act | 16 |
| of 1983,
all forms used to collect information under this Act | 17 |
| which request information
concerning the race or ethnicity of | 18 |
| an individual by providing spaces for
the designation of that | 19 |
| individual as "white" or "black", or the semantic
equivalent | 20 |
| thereof, shall provide an additional space for a designation as
| 21 |
| "Hispanic".
| 22 |
| (c) Effective November 1, 1990, the social security numbers | 23 |
| of the
mother and father shall be collected at the time of the | 24 |
| birth of the child.
These numbers shall not be recorded on the |
|
|
|
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|
| 1 |
| certificate of live
birth. The numbers may be used only for | 2 |
| those purposes allowed by Federal law.
| 3 |
| (d) The social security number of a person who has died | 4 |
| shall be entered
on the
death certificate; however, failure to | 5 |
| enter the social security number of the
person who has died on | 6 |
| the
death certificate does not invalidate the death | 7 |
| certificate.
| 8 |
| (e) The report of death filed by a funeral director shall | 9 |
| include the place of disposition of a dead human body. If the | 10 |
| place of disposition is a cemetery, the report of death shall | 11 |
| include the lot, plot, or section where the human remains are | 12 |
| interred, entombed, or inurned in that cemetery. The record of | 13 |
| death transmitted to the county clerk shall contain the place | 14 |
| of disposition, and if the place of disposition is a cemetery, | 15 |
| the record of death shall include the lot, plot, or section | 16 |
| where the human remains are interred, entombed, or inurned in | 17 |
| that cemetery. If the place of disposition changes after the | 18 |
| funeral director files the report of death, then the funeral | 19 |
| director shall submit an amended report of death to reflect the | 20 |
| actual place of disposition; if the actual place of disposition | 21 |
| is a cemetery, the amended report of death shall include the | 22 |
| lot, plot, or section where the human remains are interred, | 23 |
| entombed, or inurned. | 24 |
| (Source: P.A. 90-18, eff. 7-1-97.)
| 25 |
| Section 98. The Crime Victims Compensation Act is amended |
|
|
|
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| 1 |
| by changing Section 2 as follows:
| 2 |
| (740 ILCS 45/2) (from Ch. 70, par. 72)
| 3 |
| Sec. 2. Definitions. As used in this Act, unless the | 4 |
| context
otherwise requires:
| 5 |
| (a) "Applicant" means any person who applies for | 6 |
| compensation under this
Act or any person the Court of Claims | 7 |
| finds is entitled to compensation,
including the guardian of a | 8 |
| minor or of a person under legal disability. It
includes any | 9 |
| person who was a dependent of a deceased victim of a crime of
| 10 |
| violence for his or her support at the time of the death of | 11 |
| that victim.
| 12 |
| (b) "Court of Claims" means the Court of Claims created by | 13 |
| the Court
of Claims Act.
| 14 |
| (c) "Crime of violence" means and includes any offense | 15 |
| defined in
Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 11-19.2, | 16 |
| 11-20.1, 12-1,
12-2,
12-3, 12-3.2,
12-3.3,
12-4, 12-4.1, | 17 |
| 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
| 18 |
| 12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1 of the | 19 |
| Criminal Code of 1961, and driving under
the influence of | 20 |
| intoxicating liquor or narcotic drugs as defined in Section
| 21 |
| 11-501 of the Illinois Vehicle Code, if none of the said | 22 |
| offenses
occurred
during a civil riot, insurrection or | 23 |
| rebellion. "Crime of violence" does not
include any other | 24 |
| offense or accident involving a motor vehicle except those
| 25 |
| vehicle offenses specifically provided for in this paragraph. |
|
|
|
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|
| 1 |
| "Crime of
violence" does include all of the offenses | 2 |
| specifically provided for in this
paragraph that occur within | 3 |
| this State but are subject to federal jurisdiction
and crimes | 4 |
| involving terrorism as defined in 18 U.S.C. 2331.
| 5 |
| (d) "Victim" means (1) a person killed or injured in this | 6 |
| State as a
result of a crime of violence perpetrated or | 7 |
| attempted against him or her,
(2) the
parent of a person killed | 8 |
| or injured in this State as a result of a crime of
violence | 9 |
| perpetrated or attempted against the person, (3) a person | 10 |
| killed
or injured in this State while attempting to assist a | 11 |
| person against whom a
crime of violence is being perpetrated or | 12 |
| attempted, if that attempt of
assistance would be expected of a | 13 |
| reasonable man under the circumstances,
(4) a person killed or | 14 |
| injured in this State while assisting a law
enforcement | 15 |
| official apprehend a person who has perpetrated a crime of
| 16 |
| violence or prevent the perpetration of any such crime if that
| 17 |
| assistance was in response to the express request of the law | 18 |
| enforcement
official, (5) a person who personally
witnessed a | 19 |
| violent crime, (5.1) solely
for the purpose of compensating for | 20 |
| pecuniary loss incurred for
psychological treatment of a mental | 21 |
| or emotional condition caused or aggravated
by the crime, any | 22 |
| other person under the age of 18 who is the brother, sister,
| 23 |
| half brother, half sister, child, or stepchild
of a person | 24 |
| killed or injured in
this State as a
result of a crime of | 25 |
| violence, or (6) an Illinois resident
who is a victim of a | 26 |
| "crime of violence" as defined in this Act except, if
the crime |
|
|
|
09600SB0662sam001 |
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|
| 1 |
| occurred outside this State, the resident has the same rights
| 2 |
| under this Act as if the crime had occurred in this State upon | 3 |
| a showing
that the state, territory, country, or political | 4 |
| subdivision of a country
in which the crime occurred does not | 5 |
| have a compensation of victims of
crimes law for which that | 6 |
| Illinois resident is eligible , or (7) the relative of a | 7 |
| deceased person whose body is dismembered in violation of | 8 |
| Section 12-20.5 of the Criminal Code of 1961 .
| 9 |
| (e) "Dependent" means a relative of a deceased victim who | 10 |
| was wholly or
partially dependent upon the victim's income at | 11 |
| the time of his or her
death
and shall include the child of a | 12 |
| victim born after his or her death.
| 13 |
| (f) "Relative" means a spouse, parent, grandparent, | 14 |
| stepfather, stepmother,
child, grandchild, brother, | 15 |
| brother-in-law, sister, sister-in-law, half
brother, half | 16 |
| sister, spouse's parent, nephew, niece, uncle or aunt.
| 17 |
| (g) "Child" means an unmarried son or daughter who is under | 18 |
| 18 years of
age and includes a stepchild, an adopted child or a | 19 |
| child born out of wedlock.
| 20 |
| (h) "Pecuniary loss" means, in the case of injury, | 21 |
| appropriate medical
expenses and hospital expenses including | 22 |
| expenses of medical
examinations, rehabilitation, medically | 23 |
| required
nursing care expenses, appropriate
psychiatric care | 24 |
| or psychiatric counseling expenses, expenses for care or
| 25 |
| counseling by a licensed clinical psychologist, licensed | 26 |
| clinical social
worker, or licensed clinical professional |
|
|
|
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| 1 |
| counselor and expenses for treatment by Christian Science | 2 |
| practitioners and
nursing care appropriate thereto; | 3 |
| transportation expenses to and from medical and treatment | 4 |
| facilities; prosthetic appliances, eyeglasses, and
hearing | 5 |
| aids necessary or damaged as a result of the
crime; replacement | 6 |
| costs for clothing and bedding used as evidence; costs
| 7 |
| associated with temporary lodging or relocation necessary as a
| 8 |
| result of the crime, including, but not limited to, the first | 9 |
| month's rent and security deposit of the dwelling that the | 10 |
| claimant relocated to and other reasonable relocation expenses | 11 |
| incurred as a result of the violent crime;
locks or windows | 12 |
| necessary or damaged as a result of the crime; the purchase,
| 13 |
| lease, or rental of equipment necessary to create usability of | 14 |
| and
accessibility to the victim's real and personal property, | 15 |
| or the real and
personal property which is used by the victim, | 16 |
| necessary as a result of the
crime; the costs of appropriate | 17 |
| crime scene clean-up;
replacement
services loss, to a maximum | 18 |
| of $1000 per month;
dependents replacement
services loss, to a | 19 |
| maximum of $1000 per month; loss of tuition paid to
attend | 20 |
| grammar school or high school when the victim had been enrolled | 21 |
| as a
student prior to the injury, or college or graduate school | 22 |
| when
the victim had been enrolled as a day or night student | 23 |
| prior to
the injury when the victim becomes unable to continue | 24 |
| attendance at school
as a result of the crime of violence | 25 |
| perpetrated against him or her; loss
of
earnings, loss of | 26 |
| future earnings because of disability resulting from the
|
|
|
|
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|
| 1 |
| injury, and, in addition, in the case of death, expenses for | 2 |
| funeral, burial, and travel and transport for survivors
of | 3 |
| homicide victims to secure bodies of deceased victims and to | 4 |
| transport
bodies for burial all of which
may not exceed a | 5 |
| maximum of $5,000 and loss of support of the dependents of
the | 6 |
| victim.
Loss of future earnings shall be reduced by any income | 7 |
| from substitute work
actually performed by the victim or by | 8 |
| income he or she would have earned
in
available appropriate | 9 |
| substitute work he or she was capable of performing
but
| 10 |
| unreasonably failed to undertake. Loss of earnings, loss of | 11 |
| future
earnings and loss of support shall be determined on the | 12 |
| basis of the
victim's average net monthly earnings for the 6 | 13 |
| months immediately
preceding the date of the injury or on $1000 | 14 |
| per month, whichever is less.
If a divorced or legally | 15 |
| separated applicant is claiming loss of support
for a minor | 16 |
| child of the deceased, the amount of support for each child
| 17 |
| shall be based either on the amount of support
pursuant to the | 18 |
| judgment prior to the date of the deceased
victim's injury or | 19 |
| death, or, if the subject of pending litigation filed by
or on | 20 |
| behalf of the divorced or legally separated applicant prior to | 21 |
| the
injury or death, on the result of that litigation. Real and | 22 |
| personal
property includes, but is not limited to, vehicles, | 23 |
| houses, apartments,
town houses, or condominiums. Pecuniary | 24 |
| loss does not
include pain and suffering or property loss or | 25 |
| damage.
| 26 |
| (i) "Replacement services loss" means expenses reasonably |
|
|
|
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|
| 1 |
| incurred in
obtaining ordinary and necessary services in lieu | 2 |
| of those the
injured person would have performed, not for | 3 |
| income, but for the benefit
of himself or herself or his or her | 4 |
| family, if he or she had not
been injured.
| 5 |
| (j) "Dependents replacement services loss" means loss | 6 |
| reasonably incurred
by dependents or private legal guardians of | 7 |
| minor dependents after a victim's death in obtaining ordinary | 8 |
| and necessary
services in lieu of those the victim would have | 9 |
| performed, not for income,
but for their benefit, if he or she | 10 |
| had not been fatally injured.
| 11 |
| (k) "Survivor" means immediate family including a parent, | 12 |
| step-father,
step-mother, child,
brother, sister, or spouse.
| 13 |
| (Source: P.A. 94-229, eff. 1-1-06; 94-399, eff. 1-1-06; 94-400, | 14 |
| eff. 1-1-06; 94-877, eff. 1-1-07.)
| 15 |
| Section 100. The Cemetery Care Act is amended by changing | 16 |
| Section 10 as follows:
| 17 |
| (760 ILCS 100/10) (from Ch. 21, par. 64.10)
| 18 |
| Sec. 10.
Upon receipt of such application for license, the | 19 |
| Comptroller shall
issue a license to the applicant unless the | 20 |
| Comptroller determines that:
| 21 |
| (a) The applicant has made any misrepresentations or false | 22 |
| statements or
has concealed any essential or material fact, or
| 23 |
| (b) The applicant is insolvent; or
| 24 |
| (c) The applicant is or has been using practices in the |
|
|
|
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|
| 1 |
| conducting of the
cemetery business that work or tend to work a | 2 |
| fraud; or
| 3 |
| (d) The applicant has refused to furnish or give pertinent | 4 |
| data to
the Comptroller; or
| 5 |
| (e) The applicant has failed to notify the Comptroller with | 6 |
| respect
to any material facts required in the application for | 7 |
| license under the
provisions of this Act; or
| 8 |
| (f) The applicant has failed to satisfy any enforceable | 9 |
| judgment entered by
the circuit court in any civil proceedings | 10 |
| against such applicant; or
| 11 |
| (g) The applicant has conducted or is about to conduct its | 12 |
| business
in a fraudulent manner; or
| 13 |
| (h) The applicant or any individual listed
in the license
| 14 |
| application has
conducted or is about to conduct any business | 15 |
| on behalf of the applicant in
a fraudulent manner; or has been | 16 |
| convicted of a felony or any misdemeanor
of which an essential | 17 |
| element is fraud; or has been involved in any civil
litigation | 18 |
| in which a judgment has been entered against him or her based | 19 |
| on
fraud; or has failed to satisfy any enforceable judgment | 20 |
| entered
by the circuit court in any civil proceedings against | 21 |
| such individual; or has
been convicted of any felony of which | 22 |
| fraud is an essential element; or has
been convicted of any | 23 |
| theft-related
offense;
or has failed to comply with the | 24 |
| requirements of this Act;
or has demonstrated a pattern of
| 25 |
| improperly failing to honor a
contract with a consumer; or
| 26 |
| (i) The applicant has ever had a license involving |
|
|
|
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|
| 1 |
| cemeteries or funeral
homes revoked, suspended, or refused to | 2 |
| be issued in Illinois or elsewhere.
| 3 |
| (j) Any violation of the Code of Professional Conduct and | 4 |
| Licensing in the Care of the Deceased Act may result in denial | 5 |
| of a licensee application and may result in immediate | 6 |
| suspension and revocation of a license under this Act. | 7 |
| If the Comptroller so determines, then he or she shall | 8 |
| conduct a hearing to
determine whether to deny the application. | 9 |
| However, no application shall be
denied unless the applicant | 10 |
| has had at least 10 days' notice of a hearing on
the | 11 |
| application and an opportunity to be heard thereon. If the | 12 |
| application is
denied, the Comptroller shall within 20 days | 13 |
| thereafter prepare and keep on
file in his or her office the | 14 |
| transcript of the evidence taken and a written
order of denial | 15 |
| thereof, which shall contain his or her findings with respect
| 16 |
| thereto and the reasons supporting the denial, and shall send | 17 |
| by United States
mail a copy of the written order of denial to | 18 |
| the applicant at the address set
forth in the application, | 19 |
| within 5 days after the filing of such order. A
review of such | 20 |
| decision may be had as provided in Section 20 of this Act.
| 21 |
| The license issued by the Comptroller shall remain in full | 22 |
| force and
effect until it is surrendered by the licensee or | 23 |
| revoked by the
Comptroller as hereinafter provided.
| 24 |
| (Source: P.A. 92-419, eff. 1-1-02.)
| 25 |
| Section 102. The Cemetery Protection Act is amended by |
|
|
|
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LRB096 06717 RCE 28291 a |
|
| 1 |
| changing Section 1 as follows:
| 2 |
| (765 ILCS 835/1) (from Ch. 21, par. 15)
| 3 |
| Sec. 1. (a) Any person who acts without proper legal | 4 |
| authority and
who willfully and knowingly destroys or damages | 5 |
| the remains of a deceased
human being or who desecrates human | 6 |
| remains is guilty of a Class 3 felony for destroying, damaging, | 7 |
| or desecrating one set of human remains, a Class 2 felony for | 8 |
| destroying, damaging, or desecrating at least 2 but not more | 9 |
| than 5 sets of human remains, and a Class 1 felony for | 10 |
| destroying, damaging, or desecrating more than 5 sets of human | 11 |
| remains .
| 12 |
| (a-1) Any person who acts without proper legal authority | 13 |
| and who willfully and knowingly destroys or damages the remains | 14 |
| of a deceased human being or who desecrates human remains, and | 15 |
| who is a current or former employee, officer, board member, or | 16 |
| owner of the cemetery authority which operates, manages, or | 17 |
| owns the grave, crypt, vault, mausoleum, or other repository of | 18 |
| the human remains in question, is guilty of a Class 2 felony | 19 |
| for destroying, damaging, or desecrating one set of human | 20 |
| remains, a Class 1 felony for destroying, damaging, or | 21 |
| desecrating at least 2 but not more than 5 sets of human | 22 |
| remains, and a Class X felony for destroying, damaging, or | 23 |
| desecrating more than 5 sets of human remains. | 24 |
| (a-5) Any person who acts without proper legal authority | 25 |
| and who willfully
and knowingly removes any portion of the |
|
|
|
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|
| 1 |
| remains of a deceased human
being from
a burial ground where | 2 |
| skeletal remains are buried or from a grave, crypt,
vault, | 3 |
| mausoleum, or other repository of human remains is guilty of a | 4 |
| Class 4
felony for removing any portion of one set of skeletal | 5 |
| remains, a Class 3 felony for removing any portion of at least | 6 |
| 2 but not more than 5 sets of skeletal remains, and a Class 2 | 7 |
| felony for removing any portion of more than 5 sets of skeletal | 8 |
| remains .
| 9 |
| (a-6) Any person who acts without proper legal authority | 10 |
| and who willfully and knowingly removes any portion of the | 11 |
| remains of a deceased human being from a burial ground where | 12 |
| skeletal remains are buried or from a grave, crypt, vault, | 13 |
| mausoleum, or other repository of human remains, and who is a | 14 |
| current or former employee, officer, board member, or owner of | 15 |
| the cemetery authority which operates, manages, or owns the | 16 |
| grave, crypt, vault, mausoleum, or other repository of the | 17 |
| human remains in question, is guilty of a Class 3 felony for | 18 |
| removing any portion of one set of skeletal remains, a Class 2 | 19 |
| felony for removing any portion of at least 2 but not more than | 20 |
| 5 sets of skeletal remains, a Class 1 felony for removing any | 21 |
| portion or at least 6 but not more than 10 sets of skeletal | 22 |
| remains, and a Class X felony for removing any portion of more | 23 |
| than 10 sets of skeletal remains. | 24 |
| (b) Any person who acts without proper legal authority and | 25 |
| who willfully
and knowingly:
| 26 |
| (1) obliterates, vandalizes, or desecrates a burial |
|
|
|
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|
| 1 |
| ground where
skeletal remains are buried or a grave, crypt, | 2 |
| vault, mausoleum, or other
repository of human remains;
| 3 |
| (2) obliterates, vandalizes, or desecrates a park or | 4 |
| other
area
clearly designated to preserve and perpetuate | 5 |
| the memory of a deceased
person or group of persons;
| 6 |
| (3) obliterates, vandalizes, or desecrates plants, | 7 |
| trees,
shrubs, or
flowers located upon or around a | 8 |
| repository for human remains or within a
human graveyard or | 9 |
| cemetery; or
| 10 |
| (4) obliterates, vandalizes, or desecrates a fence, | 11 |
| rail,
curb, or
other structure of a similar nature intended | 12 |
| for the protection or for the
ornamentation of any tomb, | 13 |
| monument, gravestone, or other structure of
like | 14 |
| character;
| 15 |
| is guilty of a Class A misdemeanor if the amount of the damage | 16 |
| is less than
$500, a Class 4
felony if the amount of the damage | 17 |
| is at least $500 and less than $10,000, a
Class 3 felony if the | 18 |
| amount of the
damage is at least $10,000 and less than | 19 |
| $100,000, or a Class 2 felony if the
damage is
$100,000 or more | 20 |
| and shall provide
restitution to
the cemetery authority or | 21 |
| property owner for the amount of any damage caused.
| 22 |
| (b-5) Any person who acts without proper legal authority | 23 |
| and who willfully
and knowingly defaces, vandalizes, injures, | 24 |
| or removes a gravestone or other
memorial, monument, or marker | 25 |
| commemorating a deceased person or group of
persons,
whether | 26 |
| located within or outside of a recognized cemetery, memorial |
|
|
|
09600SB0662sam001 |
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LRB096 06717 RCE 28291 a |
|
| 1 |
| park, or
battlefield is guilty of a Class 4 felony for damaging | 2 |
| at least one but no more
than 4
gravestones, a
Class 3 felony | 3 |
| for damaging at least 5 but no more than 10 gravestones, or a
| 4 |
| Class 2
felony for
damaging more than 10 gravestones and shall | 5 |
| provide restitution to the
cemetery authority or property owner | 6 |
| for the amount of any damage caused.
| 7 |
| (b-6) Any person who acts without proper legal authority | 8 |
| and who willfully and knowingly defaces, vandalizes, injures, | 9 |
| or removes a gravestone or other memorial, monument, or marker | 10 |
| commemorating a deceased person or group of persons, whether | 11 |
| located within or outside of a recognized cemetery, memorial | 12 |
| park, or battlefield, and who is a current or former employee, | 13 |
| officer, board member, or owner of the cemetery authority which | 14 |
| operates, manages, or owns the cemetery, memorial park, or | 15 |
| battlefield in question, is guilty of a Class 3 felony for | 16 |
| damaging at least one but no more than 4 gravestones, a Class 2 | 17 |
| felony for damaging at least 5 but no more than 10 gravestones, | 18 |
| or a Class 1 felony for damaging more than 10 gravestones and | 19 |
| shall provide restitution to the cemetery authority or property | 20 |
| owner for the amount of any damage caused. | 21 |
| (b-7) Any person who acts without proper legal authority
| 22 |
| and who willfully and knowingly removes with the intent to
| 23 |
| resell a gravestone or other memorial, monument, or marker
| 24 |
| commemorating a deceased person or group of persons, whether
| 25 |
| located within or outside a recognized cemetery, memorial
park, | 26 |
| or battlefield, is guilty of a Class 2 felony.
|
|
|
|
09600SB0662sam001 |
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|
| 1 |
| (c) The provisions of this Section shall not apply to the | 2 |
| removal or
unavoidable breakage or injury by a cemetery | 3 |
| authority of anything placed
in or upon any portion of its | 4 |
| cemetery in violation of any of the rules and
regulations of | 5 |
| the cemetery authority, nor to the removal of anything
placed | 6 |
| in the cemetery by or with the consent of the cemetery | 7 |
| authority
that in the judgment of the cemetery authority has | 8 |
| become wrecked,
unsightly, or dilapidated.
| 9 |
| (d) If an unemancipated minor is found guilty of violating | 10 |
| any of the
provisions of subsection (b) of this Section and is | 11 |
| unable to provide
restitution to the cemetery authority or | 12 |
| property owner, the parents or
legal guardians of that minor | 13 |
| shall provide restitution to the cemetery
authority or property | 14 |
| owner for the amount of any damage caused, up to the
total | 15 |
| amount allowed under the Parental Responsibility Law.
| 16 |
| (d-5) Any person who commits any of the following: | 17 |
| (1) any unauthorized, non-related third party or | 18 |
| person who enters any sheds, crematories, or employee | 19 |
| areas;
| 20 |
| (2) any non-cemetery personnel who solicits cemetery | 21 |
| mourners or funeral directors on the grounds or in the | 22 |
| offices or chapels of a cemetery before, during, or after a | 23 |
| burial; | 24 |
| (3) any person who harasses or threatens any employee | 25 |
| of a cemetery on cemetery grounds; or | 26 |
| (4) any unauthorized person who removes, destroys, or |
|
|
|
09600SB0662sam001 |
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|
| 1 |
| disturbs any cemetery devices or property placed for safety | 2 |
| of visitors and cemetery employees; | 3 |
| is guilty of a Class A misdemeanor for the first offense and of | 4 |
| a Class 4 felony for a second or subsequent offense. | 5 |
| (e) Any person who shall hunt, shoot
or discharge any gun, | 6 |
| pistol or other missile, within the limits of any
cemetery, or | 7 |
| shall cause any shot or missile to be discharged into or over
| 8 |
| any portion thereof, or shall violate any of the rules made and | 9 |
| established
by the board of directors of such cemetery, for the | 10 |
| protection or
government thereof, is guilty of a Class C | 11 |
| misdemeanor. | 12 |
| (f) Any person who knowingly enters or knowingly remains | 13 |
| upon the
premises of a public or private cemetery without | 14 |
| authorization during hours
that the cemetery is posted as | 15 |
| closed to the public is guilty of a Class A
misdemeanor.
| 16 |
| (g) All fines
when recovered, shall be paid over by the | 17 |
| court or officer receiving the
same to the cemetery authority | 18 |
| and be applied, as far as possible in
repairing the injury, if | 19 |
| any, caused by such offense. Provided, nothing
contained in | 20 |
| this Act shall deprive such cemetery authority or the owner
of | 21 |
| any interment, entombment, or inurement right or monument from | 22 |
| maintaining an action for the recovery of
damages caused by any | 23 |
| injury caused by a violation of the provisions of
this Act, or | 24 |
| of the rules established by the board of directors of such
| 25 |
| cemetery authority. Nothing in this Section shall be construed | 26 |
| to
prohibit the discharge of firearms loaded with blank |
|
|
|
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|
| 1 |
| ammunition as part of
any funeral, any memorial observance or | 2 |
| any other patriotic or military
ceremony.
| 3 |
| (Source: P.A. 94-44, eff. 6-17-05; 94-608, eff. 8-16-05; | 4 |
| 95-331, eff. 8-21-07.)
| 5 |
| Section 105. The Illinois Pre-Need Cemetery Sales Act is | 6 |
| amended by changing Sections 4 and 7 as follows:
| 7 |
| (815 ILCS 390/4) (from Ch. 21, par. 204)
| 8 |
| Sec. 4. Definitions. As used in this Act, the following | 9 |
| terms shall
have the meaning specified:
| 10 |
| (A) "Pre-need sales contract" or "Pre-need sales" means any
| 11 |
| agreement or contract or series or combination of agreements or | 12 |
| contracts which
have for a purpose the sale of cemetery | 13 |
| merchandise, cemetery services or
undeveloped interment, | 14 |
| entombment or inurnment spaces where the terms of
such sale | 15 |
| require payment or payments to be made at a currently | 16 |
| determinable
time and where the merchandise, services or | 17 |
| completed spaces are to be
provided more than 120 days | 18 |
| following the initial payment on the account.
An agreement or | 19 |
| contract for a memorial, marker, or monument shall not be
| 20 |
| deemed a "pre-need sales contract" or a "pre-need sale" if the | 21 |
| memorial,
marker, or monument is delivered within 180 days | 22 |
| following initial payment on
the account and work thereon | 23 |
| commences a reasonably short time after initial
payment on the | 24 |
| account.
|
|
|
|
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|
| 1 |
| (B) "Delivery" occurs when:
| 2 |
| (1) Physical possession of
the merchandise is | 3 |
| transferred or
the
easement for burial rights in a | 4 |
| completed space is executed, delivered and
transferred to | 5 |
| the buyer; or
| 6 |
| (2) Following authorization by a purchaser under a | 7 |
| pre-need sales
contract, title to the merchandise has been | 8 |
| transferred to the
buyer and the
merchandise has been paid | 9 |
| for and is in the possession of the seller who
has placed | 10 |
| it, until needed, at the site of its ultimate use;
or
| 11 |
| (3) Following authorization by a purchaser under a | 12 |
| pre-need
sales
contract, the merchandise has been | 13 |
| permanently identified
with the
name of the buyer or the | 14 |
| beneficiary and delivered to a licensed and bonded
| 15 |
| warehouse and both title to the merchandise and a warehouse | 16 |
| receipt have
been delivered to the purchaser or beneficiary | 17 |
| and a copy of the warehouse
receipt has been delivered to | 18 |
| the licensee for retention in its files; except
that in the | 19 |
| case of
outer burial containers, the use of a licensed and | 20 |
| bonded warehouse as set
forth in this paragraph shall not | 21 |
| constitute delivery for purposes of this
Act. Nothing | 22 |
| herein shall prevent a seller from perfecting a security | 23 |
| interest
in accordance with the Uniform Commercial Code on | 24 |
| any merchandise covered under
this Act.
| 25 |
| All warehouse facilities to which sellers deliver
| 26 |
| merchandise pursuant to this Act shall:
|
|
|
|
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LRB096 06717 RCE 28291 a |
|
| 1 |
| (i) be either located in the State of Illinois or | 2 |
| qualify as a
foreign warehouse facility as defined | 3 |
| herein;
| 4 |
| (ii) submit to the Comptroller not less than | 5 |
| annually, by March 1 of
each year, a report of all | 6 |
| cemetery merchandise stored by each licensee
under | 7 |
| this Act which is in storage on the date of the report;
| 8 |
| (iii) permit the Comptroller or his designee at any | 9 |
| time to examine
stored merchandise and to examine any | 10 |
| documents pertaining thereto;
| 11 |
| (iv) submit evidence satisfactory to the | 12 |
| Comptroller that all
merchandise stored by said | 13 |
| warehouse for licensees under this Act is
insured for | 14 |
| casualty or other loss normally assumed by a bailee for | 15 |
| hire;
| 16 |
| (v) demonstrate to the Comptroller that the | 17 |
| warehouse has procured and
is maintaining a | 18 |
| performance bond in the form, content and amount
| 19 |
| sufficient to unconditionally guarantee to the | 20 |
| purchaser or beneficiary the
prompt shipment of the | 21 |
| cemetery merchandise.
| 22 |
| (C) "Cemetery merchandise" means items of personal | 23 |
| property normally
sold by a cemetery authority not covered | 24 |
| under the Illinois Funeral or Burial
Funds Act, including but | 25 |
| not limited to:
| 26 |
| (1) memorials,
|
|
|
|
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LRB096 06717 RCE 28291 a |
|
| 1 |
| (2) markers,
| 2 |
| (3) monuments,
| 3 |
| (4) foundations, and
| 4 |
| (5) outer burial containers.
| 5 |
| (D) "Undeveloped interment, entombment or inurnment | 6 |
| spaces" or
"undeveloped spaces" means any space to be used for | 7 |
| the reception of human
remains that is not completely and | 8 |
| totally constructed at the time of
initial payment therefor in | 9 |
| a:
| 10 |
| (1) lawn crypt,
| 11 |
| (2) mausoleum,
| 12 |
| (3) garden crypt,
| 13 |
| (4) columbarium, or
| 14 |
| (5) cemetery section.
| 15 |
| (E) "Cemetery services" means those services customarily | 16 |
| performed
by cemetery or crematory personnel in connection with | 17 |
| the interment,
entombment, inurnment or cremation of a dead | 18 |
| human body.
| 19 |
| (F) "Cemetery section" means a grouping of spaces intended | 20 |
| to be
developed simultaneously for the purpose of interring | 21 |
| human remains.
| 22 |
| (G) "Columbarium" means an arrangement of niches that may | 23 |
| be an entire
building, a complete room, a series of special | 24 |
| indoor alcoves, a bank along
a corridor or part of an outdoor | 25 |
| garden setting that is constructed of
permanent material such | 26 |
| as bronze, marble, brick, stone or concrete for the
inurnment |
|
|
|
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|
| 1 |
| of human remains.
| 2 |
| (H) "Lawn crypt" means a permanent underground crypt | 3 |
| usually constructed
of reinforced concrete or similar material | 4 |
| installed in multiple units for
the entombment of human | 5 |
| remains.
| 6 |
| (I) "Mausoleum" or "garden crypt" means a grouping of | 7 |
| spaces constructed
of reinforced concrete or similar material | 8 |
| constructed or assembled above
the ground for entombing human | 9 |
| remains.
| 10 |
| (J) "Memorials, markers and monuments" means the object | 11 |
| usually comprised
of a permanent material such as granite or | 12 |
| bronze used to identify and
memorialize the deceased.
| 13 |
| (K) "Foundations" means those items used to affix or | 14 |
| support a memorial
or monument to the ground in connection with | 15 |
| the installation of a memorial,
marker or monument.
| 16 |
| (L) "Person" means an individual, corporation, | 17 |
| partnership, joint
venture, business trust, voluntary | 18 |
| organization or any other form of entity.
| 19 |
| (M) "Seller" means
any person selling or offering for sale | 20 |
| cemetery
merchandise, cemetery services or undeveloped | 21 |
| interment, entombment, or
inurnment spaces in accordance with a | 22 |
| pre-need sales contract. In addition to licensing under this | 23 |
| Act, a seller must be licensed by the Department of Financial | 24 |
| and Professional Regulation under the Code of Professional | 25 |
| Conduct and Licensing in the Care of the Deceased Act.
| 26 |
| (N) "Religious cemetery" means a cemetery owned, operated, |
|
|
|
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|
| 1 |
| controlled
or managed by any recognized church, religious | 2 |
| society, association or
denomination or by any cemetery | 3 |
| authority or any corporation administering,
or through which is | 4 |
| administered, the temporalities of any recognized
church, | 5 |
| religious society, association or denomination.
| 6 |
| (O) "Municipal cemetery" means a cemetery owned, operated, | 7 |
| controlled or
managed by any city, village, incorporated town, | 8 |
| township, county or other
municipal corporation, political | 9 |
| subdivision, or instrumentality thereof
authorized by law to | 10 |
| own, operate or manage a cemetery.
| 11 |
| (O-1) "Outer burial container" means a container made of | 12 |
| concrete, steel,
wood, fiberglass, or similar material, used | 13 |
| solely at the interment site, and
designed and used exclusively | 14 |
| to surround or enclose a separate casket and to
support the | 15 |
| earth above such casket, commonly known as a burial vault, | 16 |
| grave
box, or grave liner, but not including a lawn crypt.
| 17 |
| (P) "Sales price" means the gross amount paid by a
| 18 |
| purchaser on a
pre-need sales contract for cemetery | 19 |
| merchandise, cemetery services or
undeveloped interment, | 20 |
| entombment or inurnment spaces, excluding sales
taxes, credit | 21 |
| life insurance premiums, finance charges and Cemetery Care
Act | 22 |
| contributions.
| 23 |
| (Q) (Blank).
| 24 |
| (R) "Provider" means a person who is responsible for
| 25 |
| performing cemetery services or furnishing cemetery
| 26 |
| merchandise, interment spaces, entombment spaces, or
inurnment |
|
|
|
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LRB096 06717 RCE 28291 a |
|
| 1 |
| spaces under a pre-need sales contract.
| 2 |
| (S) "Purchaser" or "buyer" means the person who
originally | 3 |
| paid the money under or in connection with a
pre-need sales | 4 |
| contract.
| 5 |
| (T) "Parent company" means a corporation owning more than | 6 |
| 12 cemeteries or
funeral homes in more than one state.
| 7 |
| (U) "Foreign warehouse facility" means a warehouse | 8 |
| facility
now or
hereafter located in any state or territory of | 9 |
| the United States, including
the District of Columbia, other | 10 |
| than the State of Illinois.
| 11 |
| A foreign warehouse facility shall be deemed to have | 12 |
| appointed the
Comptroller to be its true and lawful attorney | 13 |
| upon whom may be served all
legal process in any action or | 14 |
| proceeding against it relating to or growing
out of this Act, | 15 |
| and the acceptance of the delivery of stored merchandise
under | 16 |
| this Act shall be signification of its agreement that any such
| 17 |
| process against it which is so served, shall be of the same | 18 |
| legal force and
validity as though served upon it personally.
| 19 |
| Service of such process shall be made by delivering to and | 20 |
| leaving with
the Comptroller, or any agent having charge of the | 21 |
| Comptroller's Department
of Cemetery and Burial Trusts, a copy | 22 |
| of such process and such service
shall be sufficient service | 23 |
| upon such foreign warehouse facility if notice
of such service | 24 |
| and a copy of the process are, within 10 days thereafter,
sent | 25 |
| by registered mail by the plaintiff to the foreign warehouse | 26 |
| facility
at its principal office and the plaintiff's affidavit |
|
|
|
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|
| 1 |
| of compliance
herewith is appended to the summons. The | 2 |
| Comptroller shall keep a record
of all process served upon him | 3 |
| under this Section and shall record therein
the time of such | 4 |
| service.
| 5 |
| (Source: P.A. 91-7, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, | 6 |
| eff. 6-28-01;
92-419, eff. 1-1-02.)
| 7 |
| (815 ILCS 390/7) (from Ch. 21, par. 207)
| 8 |
| Sec. 7.
The Comptroller may refuse to issue or may suspend | 9 |
| or revoke
a license on any of the following grounds:
| 10 |
| (a) The applicant or licensee has made any | 11 |
| misrepresentations or false
statements or concealed any | 12 |
| material fact;
| 13 |
| (b) The applicant or licensee is insolvent;
| 14 |
| (c) The applicant or licensee has been engaged in business | 15 |
| practices that
work a fraud;
| 16 |
| (d) The applicant or licensee has refused to give pertinent | 17 |
| data to the
Comptroller;
| 18 |
| (e) The applicant or licensee has failed to satisfy any | 19 |
| enforceable
judgment or decree rendered by any court of | 20 |
| competent jurisdiction against
the applicant;
| 21 |
| (f) The applicant or licensee has conducted or is about to | 22 |
| conduct
business in a fraudulent manner;
| 23 |
| (g) The trust agreement is not in compliance
with State or | 24 |
| federal law;
| 25 |
| (h) The pre-construction performance bond, if applicable, |
|
|
|
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LRB096 06717 RCE 28291 a |
|
| 1 |
| is not
satisfactory to the Comptroller;
| 2 |
| (i) The fidelity bond is not satisfactory to the | 3 |
| Comptroller;
| 4 |
| (j) As to any individual listed in the license application | 5 |
| as required
pursuant to Section 6, that individual has | 6 |
| conducted
or is
about to conduct any business on behalf of the | 7 |
| applicant in a fraudulent
manner, has been convicted of any | 8 |
| felony or misdemeanor an essential
element of which is fraud, | 9 |
| has had a judgment rendered against him or her
based on
fraud | 10 |
| in any civil litigation, has failed to satisfy any enforceable
| 11 |
| judgment or decree rendered against him by any court of | 12 |
| competent
jurisdiction, or has been convicted of any felony or | 13 |
| any theft-related
offense;
| 14 |
| (k) The applicant or licensee has failed to make the annual | 15 |
| report
required by this Act or to comply with a final order, | 16 |
| decision, or finding
of the Comptroller made pursuant to this | 17 |
| Act;
| 18 |
| (l) The applicant or licensee, including any member, | 19 |
| officer, or director
thereof if the applicant or licensee is a | 20 |
| firm, partnership, association, or
corporation and any | 21 |
| shareholder holding more than 10% of the corporate stock,
has | 22 |
| violated any provision of this Act
or
any regulation or order | 23 |
| made by the Comptroller under this Act; or
| 24 |
| (m) The Comptroller finds any fact or condition existing | 25 |
| which, if it
had existed at the time of the original | 26 |
| application for such license would
have warranted the |
|
|
|
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LRB096 06717 RCE 28291 a |
|
| 1 |
| Comptroller in refusing the issuance of the license.
| 2 |
| Any violation of the Code of Professional Conduct and | 3 |
| Licensing in the Care of the Deceased Act may result in denial | 4 |
| of a licensee application and may result in immediate | 5 |
| suspension and revocation of a license under this Act. | 6 |
| (Source: P.A. 92-419, eff. 1-1-02.)
| 7 |
| Section 999. Effective date. This Act takes effect upon | 8 |
| becoming law.".
|
|