Full Text of SB1853 97th General Assembly
SB1853sam002 97TH GENERAL ASSEMBLY | Sen. Emil Jones, III Filed: 3/17/2011
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| 1 | | AMENDMENT TO SENATE BILL 1853
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1853, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Cemetery Consumer Bill of Rights Act. | 7 | | Section 5. Definitions. | 8 | | "Cemetery authority" means any individual or legal entity | 9 | | that owns or controls cemetery lands or property. | 10 | | "Cemetery merchandise" means items of personal property
| 11 | | normally sold by a cemetery authority not covered under the | 12 | | Illinois
Funeral or Burial Funds Act, including, but not | 13 | | limited to:
(1) memorials,
(2) markers,
(3) monuments,
(4) | 14 | | foundations and installations, and
(5) outer burial | 15 | | containers. | 16 | | "Cemetery services" means those services customarily |
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| 1 | | performed by cemetery or crematory personnel in connection with | 2 | | the interment, entombment, inurnment, or cremation of a dead | 3 | | human body.
| 4 | | "Term burial" means a right of interment sold to a consumer | 5 | | in which the cemetery authority retains the right to disinter | 6 | | and relocate the remains. | 7 | | Section 10. Consumer privileges. | 8 | | (a) A record of decedent's grave location shall be open to | 9 | | public inspection consistent with State and federal law. The | 10 | | cemetery authority shall make available, consistent with State | 11 | | and federal law, a true copy of the grave location of a | 12 | | decedent currently in the cemetery authorities records, upon | 13 | | written request and payment of reasonable copy costs. At the | 14 | | time of the interment, entombment, or inurnment, the cemetery | 15 | | authority shall provide the record of the deceased's grave | 16 | | location to the person who would have authority to dispose of | 17 | | the decedent's remains under the Disposition of Remains Act.
| 18 | | (b) Consumers have the right to purchase cemetery | 19 | | merchandise or cemetery services directly from the cemetery | 20 | | authority when available or through a third-party vendor of the | 21 | | consumer's choice, other than opening and closing services, | 22 | | without incurring a penalty or additional charge by the | 23 | | cemetery authority; provided, however, that consumers do not | 24 | | have the right to purchase types of cemetery merchandise or | 25 | | cemetery services that would violate applicable law, any |
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| 1 | | collective bargaining agreement, or the cemetery authority's | 2 | | rules and regulations.
| 3 | | (c) Consumers have the right to complain to the cemetery | 4 | | authority regarding cemetery-related products purchased from | 5 | | the cemetery and services as well as issues with customer | 6 | | service, maintenance, or other cemetery activities for which | 7 | | they have paid for.
| 8 | | Section 15. Cemetery duties for all cemetery authorities. | 9 | | (a) Prices for all cemetery merchandise and cemetery | 10 | | services offered for sale by the cemetery authority must be | 11 | | disclosed to the consumer in writing on a standardized price | 12 | | list. Memorialization pricing may be disclosed in price ranges. | 13 | | The price list shall include the effective dates of the prices. | 14 | | The price list shall include not only the range of interment, | 15 | | inurnment, and entombment rights and the cost of extending the | 16 | | term of any term burial, but also any related cemetery | 17 | | merchandise or cemetery services offered by the cemetery | 18 | | authority that are standard but are not incidentals, such as | 19 | | flowers and later date inscriptions or any items that are | 20 | | specialty items that need to be priced separately. Charges for | 21 | | installation of markers, monuments, and vaults in cemeteries | 22 | | must be the same without regard to where the item is purchased. | 23 | | (b) Both the consumer and the cemetery authority or its | 24 | | representative must sign a contract for the interment, | 25 | | inurnment, or entombment of human remains. Before a contract is |
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| 1 | | signed, the prices for the purchased cemetery services and | 2 | | cemetery merchandise must be disclosed on the contract and in | 3 | | plain language. If a contract is for a term burial, the term, | 4 | | the option to extend the term, and the subsequent disposition | 5 | | of the human remains post-term must be in bold print and | 6 | | discussed with the consumer. Any contract for the sale of an | 7 | | interment right, entombment right, or inurnment right, when | 8 | | designated, must disclose the exact location of the burial plot | 9 | | based on the survey of the cemetery map or plat on file with | 10 | | the cemetery authority.
| 11 | | (c) A cemetery authority that has the legal right to extend | 12 | | a term burial shall, prior to disinterment, provide the family | 13 | | or other authorized agent under the Disposition of Remains Act | 14 | | the opportunity to extend the term of a term burial for the | 15 | | cost as stated on the cemetery authority's current price list. | 16 | | Regardless of whether the family or other authorized agent | 17 | | chooses to extend the term burial, the cemetery authority | 18 | | shall, prior to disinterment, provide notice to the family or | 19 | | other authorized agent under the Disposition of Remains Act of | 20 | | the cemetery authority's intention to disinter the remains and | 21 | | to inter different human remains in that space.
| 22 | | (d) The cemetery authority is hereby authorized to make | 23 | | bylaws or rules and regulations for the government thereof, and | 24 | | to make rules regarding the driving of cars, motorcycles, | 25 | | carriages, processions, teams, and the speed thereof, the use | 26 | | of avenues, lots, walks, ponds, water courses, vaults, |
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| 1 | | buildings, or other places within such cemetery, the operations | 2 | | and good management in such cemetery, the protection of | 3 | | visitors, the protection of employees, and for the maintenance | 4 | | of good order and quiet in such cemetery. All such rules shall | 5 | | be subject to the rights of interment, entombment, or inurnment | 6 | | right owners or others, owning any interest in such cemetery. | 7 | | The rules and regulations must be reasonable.
| 8 | | (e) No cemetery authority or its agent may engage in | 9 | | deceptive or unfair practices. The cemetery authority and its | 10 | | agents may not intentionally misrepresent legal or cemetery | 11 | | requirements. | 12 | | (f) When a consumer purchases a grave liner or outer burial | 13 | | container the consumer shall be notified that neither grave | 14 | | liners nor outer burial containers are designed to prevent the | 15 | | eventual decomposition of human remains. When selling an outer | 16 | | burial container or grave liner a cemetery may not claim that | 17 | | an outer burial container will not crack or keep water, dirt, | 18 | | or other debris from penetrating into the casket. | 19 | |
(g) No cemetery authority shall disclose financial or | 20 | | other confidential information consisting of social security | 21 | | number, date of birth, driver's license number, home or | 22 | | employer address, phone number, e-mail address, or any other | 23 | | information protected by State and federal laws regarding the | 24 | | deceased or the person providing for the burial. | 25 | | (h) All cemetery authorities shall maintain cemetery | 26 | | property adequately pursuant to the standard of care provided |
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| 1 | | for in this Section 10 to ensure visitors the opportunity to | 2 | | visit decedents during cemetery hours. Gravesite grass levels | 3 | | shall not exceed 8 inches. Consideration shall be given in the | 4 | | event of severe weather, earthquakes, acts of terrorism, acts | 5 | | of war, or acts of God that prevent visitation, mowing of the | 6 | | grass, or any other maintenance. | 7 | | (i) The cemetery authority shall provide a standard of care | 8 | | as provided for in its contracts and based upon expenditures | 9 | | from the income derived from the principal amount of care funds | 10 | | to be used
for the maintenance of a cemetery and of the lots, | 11 | | graves, crypts, niches, family mausoleums, memorials, and | 12 | | markers in the cemetery, including: (i) the cutting and | 13 | | trimming of lawn, shrubs, and trees at reasonable intervals; | 14 | | (ii) keeping in repair the drains, water lines, roads, | 15 | | buildings, fences, and other structures in keeping with a well | 16 | | maintained cemetery; (iii) maintenance of machinery, tools, | 17 | | and equipment for such care; (iv) compensation of employees, | 18 | | payment of insurance premiums, and reasonable payments for | 19 | | employees pension and other benefits plans; and (v) to the | 20 | | extent surplus income from the care fund is available, the | 21 | | payment of overhead expenses necessary
for such purposes and | 22 | | for maintaining necessary records of lot ownership, transfers, | 23 | | and burials. | 24 | | (j) No cemetery authority shall require payment for any
| 25 | | goods,
services, or easement by cash only. Each cemetery | 26 | | authority subject to this Section shall
permit payment by at |
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| 1 | | least one other option, including, but not limited to, personal
| 2 | | check, cashier's check, money order, or credit or debit card. | 3 | | In addition to the contract
for the sale of cemetery goods, | 4 | | services, or easements, the cemetery authority shall
provide a | 5 | | receipt to the consumer upon payment in part or full, whatever | 6 | | the case may
be, except when a payment is made by check or | 7 | | money order by mail on an open
account, then the check or money | 8 | | order receipt shall serve as a receipt. | 9 | | (k) No cemetery authority shall interfere with a
licensed | 10 | | funeral director or his or her designated agent observing the | 11 | | final burial or
disposition of human remains for which the | 12 | | funeral director has a contract for services related to
that | 13 | | deceased individual. No funeral director or his or her | 14 | | designated agent shall
interfere with a cemetery authority or | 15 | | its designated agent's rendering of
burial or other disposition | 16 | | services for human remains for which the cemetery authority has | 17 | | a
contract for goods, services, or property related to that | 18 | | deceased individual. | 19 | | Section 20. Whistleblower protection. | 20 | | (a) "Retaliatory action" means the reprimand, discharge, | 21 | | suspension, demotion, denial
of promotion or transfer, or | 22 | | change in the terms and conditions of employment of any
| 23 | | cemetery employee that is taken in retaliation for an | 24 | | employee's participation in
protected activity, as set forth in | 25 | | this Section.
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| 1 | | (b) A cemetery authority shall not take any retaliatory | 2 | | action against any cemetery
personnel because they have:
| 3 | | (1) disclosed or threatened to disclose to a
supervisor | 4 | | or to a public body an activity, policy, or practice of a | 5 | | supervisor, any
cemetery employee, or the cemetery | 6 | | authority that the supervisor or cemetery
employee | 7 | | reasonably believes is in violation of a law, rule, or | 8 | | regulation; | 9 | | (2) provided information to or testified before any
| 10 | | public body conducting an investigation, hearing, or | 11 | | inquiry into any violation of a law,
rule, or regulation by | 12 | | a supervisor or cemetery authority; or | 13 | | (3) assisted or participated in a proceeding to
enforce | 14 | | the provisions of this Act.
| 15 | | (c) A violation of this Section may be established only
| 16 | | upon a finding that (i) the cemetery supervisor or cemetery | 17 | | employee engaged in
conduct described in subsection (b) of this | 18 | | Section and (ii) that this conduct was a
contributing factor in | 19 | | the retaliatory action alleged by the cemetery supervisor or
| 20 | | cemetery employee. It is not a violation, however, if it is | 21 | | demonstrated by clear and
convincing evidence that the cemetery | 22 | | authority would have taken the same
unfavorable personnel | 23 | | action in the absence of that conduct.
| 24 | | (d) The cemetery employee or cemetery supervisor may be | 25 | | awarded all remedies
necessary to make the cemetery employee or | 26 | | cemetery supervisor whole and to prevent
future violations of |
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| 1 | | this Section. Remedies imposed by the court may include, but | 2 | | are
not limited to, all of the following:
| 3 | | (1) reinstatement of the individual to either the
same | 4 | | position held before the retaliatory action or to an | 5 | | equivalent position; | 6 | | (2) two times the amount of back pay;
| 7 | | (3) interest on the back pay;
| 8 | | (4) the reinstatement of full fringe benefits and
| 9 | | seniority rights; and | 10 | | (5) the payment of reasonable costs and attorneys'
| 11 | | fees.
| 12 | | (e) Nothing in this Section shall be deemed to diminish
the | 13 | | rights, privileges, or remedies of a cemetery employee or | 14 | | cemetery supervisor under
any other federal or State law, rule, | 15 | | or regulation or under any employment contract. | 16 | | Section 25. Rights of consumers. | 17 | | (a) All cemetery authorities shall respect the rights of | 18 | | consumers of cemetery products and services as provided in this | 19 | | Act. When it is found that there is a failure to abide by the | 20 | | cemetery authorities' duties listed in this Act or to comply | 21 | | with a request by a consumer based on a consumer's privileges | 22 | | under this Section, the aggrieved may bring suit against the | 23 | | cemetery authority in the circuit court of the county in which | 24 | | the contract became binding for any remedy provided by the | 25 | | common or statute law of this State.
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| 1 | | (b) An action to enjoin any person subject to this Act from | 2 | | engaging in activity in violation of this Act may be maintained | 3 | | in the name of the people of the State of Illinois by the | 4 | | Attorney General or by the State's Attorney of the county in | 5 | | which the action is brought.
| 6 | | Section 30. Consumer complaints. | 7 | | (a) A consumer may contact the State of Illinois Attorney | 8 | | General to register a complaint
about any violation of this | 9 | | Act.
| 10 | | (b) With the exception of a Cemetery Association that is | 11 | | operated by volunteers and the cemetery has no office, the | 12 | | following sign must be posted in 18-point, bold font, on a page | 13 | | that is 8 X 10 minimum,
in the cemetery authority office when | 14 | | there is a cemetery office on the site of the cemetery: | 15 | | "ILLINOIS ATTORNEY GENERAL CONSUMER FRAUD HOTLINES: | 16 | | Chicago: 1-866-310-8393 / TTY 877-675-9339 | 17 | | Spanish Language Hotline: 1-800-386-5438 | 18 | | Springfield: TTY 1-877-844-5461 | 19 | | Carbondale: TTY 1-800-243-0618 / 800-243-0607". | 20 | | Section 35. Enforcement. The Attorney General or the | 21 | | State's Attorney of any county in this State
may bring an | 22 | | action in the name of the State against any person to restrain | 23 | | and prevent
any violation of this Act. In the enforcement of | 24 | | this Act, the Attorney General or the
State's Attorney may |
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| 1 | | accept an assurance of discontinuance of any act or practice
| 2 | | deemed in violation of this Act from any person engaging in, or | 3 | | who has engaged in,
that act or practice. Failure to perform | 4 | | the terms of any such assurance constitutes
prima facie proof | 5 | | of a violation of this Act. | 6 | | Section 40. Violations. Any person, who knowingly violates | 7 | | any of the provisions of this Act
shall be guilty of a business | 8 | | offense and shall be required to pay a penalty of no less
than | 9 | | $500 or more than $1,000, for each offense, to be recovered in | 10 | | the name of the
People of the State of Illinois by the State's | 11 | | Attorney of the county in which the violation
occurs, and the | 12 | | penalty so recovered shall be paid into the county treasury. | 13 | | Section 910. The Counties Code is amended by changing | 14 | | Section 3-3034 as follows:
| 15 | | (55 ILCS 5/3-3034) (from Ch. 34, par. 3-3034)
| 16 | | Sec. 3-3034. Disposition of body. After the inquest the | 17 | | coroner
may deliver the body or human remains of the deceased | 18 | | to the family of the deceased or, if there are no family | 19 | | members to accept the body or the remains, then to friends of | 20 | | the deceased, if there be any, but
if not, the coroner shall | 21 | | cause the body or the remains to be decently buried, cremated, | 22 | | or donated for medical science purposes, the expenses to be | 23 | | paid
from the property of the deceased, if there is sufficient, |
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| 1 | | if not, by the
county. The coroner may not approve the | 2 | | cremation or donation of the body if it is necessary to | 3 | | preserve the body for law enforcement purposes. If the State | 4 | | Treasurer, pursuant to the Uniform Disposition of Unclaimed | 5 | | Property Act, delivers human remains to the coroner, the | 6 | | coroner shall cause the human remains to be disposed of as | 7 | | provided in this Section.
If the police department of any city, | 8 | | town, or county investigates abandoned cremated remains and can | 9 | | not locate the owner of the cremated remains that are also | 10 | | considered as human remains, then the police shall deliver such | 11 | | human remains to the coroner, and the coroner shall cause the | 12 | | human remains to be disposed of as provided in this Section.
| 13 | | (Source: P.A. 96-1339, eff. 7-27-10.)
| 14 | | Section 912. The Funeral Directors and Embalmers Licensing | 15 | | Code is amended by changing Section 15-75 as follows: | 16 | | (225 ILCS 41/15-75) | 17 | | (Section scheduled to be repealed on January 1, 2013) | 18 | | Sec. 15-75. Violations; grounds for discipline; penalties. | 19 | | (a) Each of the following acts is a Class A misdemeanor
for | 20 | | the first offense, and a Class 4 felony for each subsequent | 21 | | offense.
These penalties shall also apply to unlicensed owners | 22 | | of funeral homes. | 23 | | (1) Practicing the profession of funeral directing and | 24 | | embalming or
funeral directing, or attempting to practice |
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| 1 | | the profession of funeral
directing and embalming or | 2 | | funeral directing without a license as a
funeral director | 3 | | and embalmer or funeral director. | 4 | | (2) Serving as an intern under a licensed funeral
| 5 | | director
and embalmer or
attempting to serve as an intern | 6 | | under a licensed funeral
director and embalmer
without a | 7 | | license as a licensed funeral director and embalmer intern. | 8 | | (3) Obtaining or attempting to obtain a license, | 9 | | practice or business,
or any other thing of value, by fraud | 10 | | or misrepresentation. | 11 | | (4) Permitting any person in one's employ, under one's | 12 | | control or in or
under one's service to serve as a funeral | 13 | | director and embalmer, funeral
director, or funeral | 14 | | director and embalmer intern when the
person does not have | 15 | | the appropriate license. | 16 | | (5) Failing to display a license as required by this | 17 | | Code. | 18 | | (6) Giving false information or making a false oath or | 19 | | affidavit
required by this Code. | 20 | | (b) The Department may refuse to issue or renew a license | 21 | | or may revoke, suspend, place on probation, reprimand, or take | 22 | | other disciplinary action as the Department may deem | 23 | | appropriate, including imposing fines not to exceed $10,000 for | 24 | | each violation, with regard to any license under the Code for | 25 | | any one or combination of the following: | 26 | | (1) Obtaining or attempting to obtain a license by |
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| 1 | | fraud or
misrepresentation. | 2 | | (2) Conviction in this State or another state of any | 3 | | crime that is a
felony or misdemeanor under the laws of | 4 | | this State or conviction of a
felony or misdemeanor in a | 5 | | federal
court. | 6 | | (3) Violation of the laws of this State relating to the | 7 | | funeral, burial
or disposal of deceased human bodies or of | 8 | | the rules and regulations of the
Department, or the | 9 | | Department of Public Health. | 10 | | (4) Directly or indirectly paying or causing to be paid | 11 | | any sum of money
or other valuable consideration for the | 12 | | securing of business or for
obtaining authority to dispose | 13 | | of any deceased human body. | 14 | | (5) Professional incompetence, gross malpractice, or | 15 | | untrustworthiness in the practice of funeral
directing and | 16 | | embalming or funeral directing. | 17 | | (6) False or misleading advertising as a funeral | 18 | | director and embalmer
or funeral director, or advertising | 19 | | or using the name of a person other than
the holder of a | 20 | | license in connection with any service being rendered in | 21 | | the
practice of funeral directing and embalming or funeral | 22 | | directing. Nothing in
this paragraph shall prevent | 23 | | including the name of any owner, officer or
corporate | 24 | | director of a funeral business who is not a licensee in
any | 25 | | advertisement
used by a funeral home with which the | 26 | | individual is affiliated if the
advertisement specifies |
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| 1 | | the individual's affiliation with the funeral home. | 2 | | (7) Engaging in, promoting, selling, or issuing burial | 3 | | contracts, burial
certificates, or burial insurance | 4 | | policies in connection with the
profession as a funeral | 5 | | director and embalmer, funeral director, or funeral
| 6 | | director and embalmer intern in violation of any laws of | 7 | | the
State
of Illinois. | 8 | | (8) Refusing, without cause, to surrender the custody | 9 | | of a deceased
human body upon the proper request of the | 10 | | person or persons lawfully
entitled to the custody of the | 11 | | body. | 12 | | (9) Taking undue advantage of a client or clients as to | 13 | | amount to the
perpetration of fraud. | 14 | | (10) Engaging in funeral directing and embalming or | 15 | | funeral
directing without a license. | 16 | | (11) Encouraging, requesting, or suggesting by a | 17 | | licensee or some person
working on his behalf and with his | 18 | | consent for compensation that a person
utilize the services | 19 | | of a certain funeral director and embalmer, funeral
| 20 | | director, or funeral establishment unless that information | 21 | | has
been expressly requested by the person. This does not | 22 | | prohibit general
advertising or pre-need solicitation. | 23 | | (12) Making or causing to be made any false or | 24 | | misleading statements
about the laws concerning the | 25 | | disposal of human remains, including, but not
limited to, | 26 | | the need to embalm, the need for a casket for cremation or |
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| 1 | | the
need for an outer burial container. | 2 | | (13) (Blank). | 3 | | (14) Embalming or attempting to embalm a deceased human | 4 | | body without
express prior authorization of the person | 5 | | responsible for making the
funeral arrangements for the | 6 | | body. This does not apply to cases where
embalming is | 7 | | directed by local authorities who have jurisdiction or when
| 8 | | embalming is required by State or local law. | 9 | | (15) Making a false statement on a Certificate of Death | 10 | | where the
person making the statement knew or should have | 11 | | known that the statement
was false. | 12 | | (16) Soliciting human bodies after death or while death | 13 | | is imminent. | 14 | | (17) Performing any act or practice that is a violation
| 15 | | of this Code, the rules for the administration of this | 16 | | Code, or any
federal,
State or local laws, rules, or | 17 | | regulations
governing the practice of funeral directing or | 18 | | embalming. | 19 | | (18) Performing any act or practice that is a violation | 20 | | of Section 2 of
the Consumer Fraud and Deceptive Business | 21 | | Practices Act. | 22 | | (19) Engaging in unethical or unprofessional conduct | 23 | | of a character
likely to deceive, defraud or harm the | 24 | | public. | 25 | | (20) Taking possession of a dead human body without | 26 | | having first
obtained express permission from next of kin |
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| 1 | | or a public agency legally
authorized to direct, control or | 2 | | permit the removal of deceased human bodies. | 3 | | (21) Advertising in a false or misleading manner or | 4 | | advertising using
the name of an unlicensed person in | 5 | | connection with any service being
rendered in the practice | 6 | | of funeral directing or funeral directing and
embalming. | 7 | | The use of any name of an unlicensed or unregistered person | 8 | | in
an advertisement so as to imply that the person will | 9 | | perform services is
considered misleading advertising. | 10 | | Nothing in this paragraph shall prevent
including the name | 11 | | of any owner, officer or corporate director of a funeral
| 12 | | home, who is not a licensee, in any advertisement used by a | 13 | | funeral home
with which the individual is affiliated, if | 14 | | the advertisement specifies
the individual's affiliation | 15 | | with the funeral home. | 16 | | (22) Directly or indirectly receiving compensation for | 17 | | any professional
services not actually performed. | 18 | | (23) Failing to account for or remit any monies, | 19 | | documents, or personal
property that belongs to others that | 20 | | comes into a licensee's possession. | 21 | | (24) Treating any person differently to his detriment | 22 | | because of
race, color, creed, gender, religion, or | 23 | | national origin. | 24 | | (25) Knowingly making any false statements, oral or | 25 | | otherwise, of a
character likely to influence, persuade or | 26 | | induce others in the course of
performing professional |
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| 1 | | services or activities. | 2 | | (26) Knowingly making or filing false records or | 3 | | reports in the practice
of funeral directing and embalming. | 4 | | (27) Failing to acquire continuing education required | 5 | | under this Code. | 6 | | (28) Violations of this Code or of the rules adopted | 7 | | pursuant to this Code. | 8 | | (29) Aiding or assisting another person in violating | 9 | | any provision of this Code or rules adopted pursuant to | 10 | | this Code. | 11 | | (30) Failing within 10 days, to provide information in | 12 | | response to a written request made by the Department. | 13 | | (31) Discipline by another state, District of | 14 | | Columbia, territory, or foreign nation, if at least one of | 15 | | the grounds for the discipline is the same or substantially | 16 | | equivalent to those set forth in this Section. | 17 | | (32) Directly or indirectly giving to or receiving from | 18 | | any person, firm, corporation, partnership, or association | 19 | | any fee, commission, rebate, or other form of compensation | 20 | | for professional services not actually or personally | 21 | | rendered. | 22 | | (33) Inability to practice the profession with | 23 | | reasonable judgment, skill, or safety. | 24 | | (34) Gross, willful, or continued charging | 25 | | overcharging for professional services, including filing | 26 | | false statements for collection of fees for which services |
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| 1 | | are not rendered. | 2 | | (35) A pattern of practice or other behavior that | 3 | | demonstrates incapacity or incompetence to practice under | 4 | | this Code. | 5 | | (36) Failing to comply with any of the following | 6 | | required activities: | 7 | | (A) When reasonably possible, a funeral director | 8 | | licensee or funeral director and embalmer licensee or | 9 | | anyone acting on his or
her behalf shall obtain the | 10 | | express authorization of the person or persons
| 11 | | responsible for making the funeral arrangements for a | 12 | | deceased human body
prior to removing a body from the | 13 | | place of death or any place it may be or
embalming or | 14 | | attempting to embalm a deceased human body, unless | 15 | | required by
State or local law. This requirement is | 16 | | waived whenever removal or
embalming is directed by | 17 | | local authorities who have jurisdiction.
If the | 18 | | responsibility for the handling of the remains | 19 | | lawfully falls under
the jurisdiction of a public | 20 | | agency, then the regulations of the public
agency shall | 21 | | prevail. | 22 | | (B) A licensee shall clearly mark the price of any | 23 | | casket offered for
sale or the price of any service | 24 | | using the casket on or in the casket if
the casket is | 25 | | displayed at the funeral establishment. If the casket | 26 | | is
displayed at any other location, regardless of |
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| 1 | | whether the licensee is in
control of that location, | 2 | | the casket shall be clearly marked and the
registrant | 3 | | shall use books, catalogues, brochures, or other | 4 | | printed display
aids to show the price of each casket | 5 | | or service. | 6 | | (C) At the time funeral arrangements are made and | 7 | | prior to rendering the
funeral services, a licensee | 8 | | shall furnish a written statement of services to be
| 9 | | retained by the person or persons making the funeral | 10 | | arrangements, signed
by both parties, that shall | 11 | | contain: (i) the name, address and telephone number
of | 12 | | the funeral establishment and the date on which the | 13 | | arrangements were made;
(ii) the price of the service | 14 | | selected and the services and merchandise
included for | 15 | | that price; (iii) a clear disclosure that the person or | 16 | | persons
making the arrangement may decline and receive | 17 | | credit for any service or
merchandise not desired and | 18 | | not required by law or the funeral director or the
| 19 | | funeral director and embalmer; (iv) the supplemental | 20 | | items of service and
merchandise requested and the | 21 | | price of each item; (v) the terms or method of
payment | 22 | | agreed upon; and (vi) a statement as to any monetary | 23 | | advances made by
the registrant on behalf of the | 24 | | family. The licensee shall maintain a copy of the | 25 | | written statement of services in its permanent | 26 | | records. All written statements of services are |
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| 1 | | subject to inspection by the Department. | 2 | | (D) (Blank). In all instances where the place of | 3 | | final disposition of a deceased human body or the | 4 | | cremated remains of a deceased human body is a | 5 | | cemetery, the licensed funeral director and embalmer, | 6 | | or licensed funeral director, who has been engaged to | 7 | | provide funeral or embalming services shall remain at | 8 | | the cemetery and personally witness the placement of | 9 | | the human remains in their designated grave or the | 10 | | sealing of the above ground depository, crypt, or urn. | 11 | | The licensed funeral director or licensed funeral | 12 | | director and embalmer may designate a licensed funeral | 13 | | director and embalmer intern or representative of the | 14 | | funeral home to be his or her witness to the placement | 15 | | of the remains. If the cemetery authority, cemetery | 16 | | manager, or any other agent of the cemetery takes any | 17 | | action that prevents compliance with this paragraph | 18 | | (D), then the funeral director and embalmer or funeral | 19 | | director shall provide written notice to the | 20 | | Department within 5 business days after failing to | 21 | | comply. If the Department receives this notice, then | 22 | | the Department shall not take any disciplinary action | 23 | | against the funeral director and embalmer or funeral | 24 | | director for a violation of this paragraph (D) unless | 25 | | the Department finds that the cemetery authority, | 26 | | manager, or any other agent of the cemetery did not |
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| 1 | | prevent the funeral director and embalmer or funeral | 2 | | director from complying with this paragraph (D) as | 3 | | claimed in the written notice . | 4 | | (E) A funeral director or funeral director and | 5 | | embalmer shall fully complete the portion of the | 6 | | Certificate of Death under the responsibility of the | 7 | | funeral director or funeral director and embalmer and | 8 | | provide all required information. In the event that any | 9 | | reported information subsequently changes or proves | 10 | | incorrect, a funeral director or funeral director and | 11 | | embalmer shall immediately upon learning the correct | 12 | | information correct the Certificate of Death. | 13 | | (37) A finding by the Department that the licensee | 14 | | license , after having his or
her license placed on | 15 | | probationary status or subjected to conditions or
| 16 | | restrictions, violated the terms of the probation or failed | 17 | | to comply with such
terms or conditions. | 18 | | (38) Violation of any final administrative action of | 19 | | the Secretary. | 20 | | (39) Being named as a perpetrator in an indicated | 21 | | report by the Department
of Children and Family Services | 22 | | pursuant to the Abused and Neglected Child
Reporting Act | 23 | | and, upon proof by clear and convincing evidence,
being | 24 | | found to have caused a child to be an abused child or | 25 | | neglected child as
defined
in the Abused and Neglected | 26 | | Child Reporting Act. |
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| 1 | | (c) The Department may refuse to issue or renew, or may | 2 | | suspend, the license
of any person who fails to file a return, | 3 | | to pay the tax, penalty or interest
shown in a filed return, or | 4 | | to pay any final assessment of tax, penalty or
interest as | 5 | | required by any tax Act administered by the Illinois Department | 6 | | of
Revenue, until the time as the requirements of the tax Act | 7 | | are satisfied. | 8 | | (d) No action may be taken under this Code against a person | 9 | | licensed under this Code unless the action is commenced within | 10 | | 5 years after the occurrence of the alleged violations. A | 11 | | continuing violation shall be deemed to have occurred on the | 12 | | date when the circumstances last existed that give rise to the | 13 | | alleged violation. | 14 | | (e) Nothing in this Section shall be construed or enforced | 15 | | to give a funeral director and embalmer, or his or her | 16 | | designees, authority over the operation of a cemetery or over | 17 | | cemetery employees. Nothing in this Section shall be construed | 18 | | or enforced to impose duties or penalties on cemeteries with | 19 | | respect to the timing of the placement of human remains in | 20 | | their designated grave or the sealing of the above ground | 21 | | depository, crypt, or urn due to patron safety, the allocation | 22 | | of cemetery staffing, liability insurance, a collective | 23 | | bargaining agreement, or other such reasons. | 24 | | (Source: P.A. 96-863, eff. 3-1-10; 96-1463, eff. 1-1-11.) | 25 | | Section 915. The Cemetery Oversight Act is amended by |
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| 1 | | changing Sections 5-15, 5-20, 5-25, 10-5, 10-15, 10-20, 10-21, | 2 | | 10-23, 10-25, 10-40, 10-55, 20-5, 20-10, 20-11, 20-20, 20-30, | 3 | | 25-1, 25-5, 25-10, 25-14, 25-15, 25-25, 25-70, 25-85, 25-105, | 4 | | 25-110, 25-125, 75-20, 75-25, 75-45, and 75-50 and by adding | 5 | | Sections 10-39 and 25-13.1 as follows: | 6 | | (225 ILCS 411/5-15) | 7 | | (Section scheduled to be repealed on January 1, 2021)
| 8 | | Sec. 5-15. Definitions. In this Act: | 9 | | "Address of record" means the designated address recorded | 10 | | by the Department in the applicant's or licensee's application | 11 | | file or license file. It is the duty of the applicant or | 12 | | licensee to inform the Department of any change of address | 13 | | within 14 days either through the Department's website or by | 14 | | contacting the Department's licensure maintenance unit. The | 15 | | address of record for a cemetery authority shall be the | 16 | | permanent street address of the cemetery. | 17 | | "Applicant" means a person applying for licensure under | 18 | | this Act as a cemetery authority or , cemetery manager , or | 19 | | customer service employee . Any applicant or any person who | 20 | | holds himself or herself out as an applicant is considered a | 21 | | licensee for purposes of enforcement, investigation, hearings, | 22 | | and the Illinois Administrative Procedure Act. | 23 | | "Burial permit" means a permit for the disposition of a | 24 | | dead human body that is filed with the Illinois Department of | 25 | | Public Health. |
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| 1 | | "Care" means the maintenance of a cemetery and of the lots, | 2 | | graves, crypts, niches, family mausoleums, memorials, and | 3 | | markers therein, including: (i) the cutting and trimming of | 4 | | lawn, shrubs, and trees at reasonable intervals; (ii) keeping | 5 | | in repair the drains, water lines, roads, buildings, fences, | 6 | | and other structures, in keeping with a well-maintained | 7 | | cemetery as provided for in Section 20-5 of this Act and | 8 | | otherwise as required by rule; (iii) maintenance of machinery, | 9 | | tools, and equipment for such care; (iv) compensation of | 10 | | cemetery workers, any discretionary payment of insurance | 11 | | premiums, and any reasonable payments for workers' pension and | 12 | | other benefits plans; and (v) the payment of expenses necessary | 13 | | for such purposes and for maintaining necessary records of lot | 14 | | ownership, transfers, and burials. | 15 | | "Care funds", as distinguished from receipts from annual | 16 | | charges or gifts for current or annual care, means any realty | 17 | | or personalty impressed with a trust by the terms of any gift, | 18 | | grant, contribution, payment, legacy, or pursuant to contract, | 19 | | accepted by any cemetery authority or by any trustee, licensee, | 20 | | agent, or custodian for the same, under Article 15 of this Act, | 21 | | and any income accumulated therefrom, where legally so directed | 22 | | by the terms of the transaction by which the principal was | 23 | | established. | 24 | | "Cemetery" means any land or structure in this State | 25 | | dedicated to and used, or intended to be used, for the | 26 | | interment, inurnment, or entombment of human remains. |
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| 1 | | "Cemetery association" means an association of 6 or more | 2 | | persons, and their successors in trust, who have received | 3 | | articles of organization from the Secretary of State to operate | 4 | | a cemetery; the articles of organization shall be in perpetuity | 5 | | and in trust for the use and benefit of all persons who may | 6 | | acquire burial lots in a cemetery. | 7 | | "Cemetery authority" means any individual or legal entity | 8 | | that owns or controls cemetery lands or property. | 9 | | "Cemetery manager" means an individual who is engaged in, | 10 | | or responsible for, or holding himself or herself out as | 11 | | engaged in, those activities involved in or incidental to | 12 | | supervising the following: the maintenance, operation, | 13 | | development, or improvement of a cemetery licensed under this | 14 | | Act; the interment of human remains; or the care, preservation, | 15 | | and embellishment of cemetery property. The cemetery manager is | 16 | | responsible for supervising all employees and independent | 17 | | contractors of third-party vendors working within the | 18 | | cemetery. This definition includes, without limitation, an | 19 | | employee, an individual that is an independent contractor, an | 20 | | individual employed or contracted by an independent | 21 | | contractor, a third-party vendor, or an individual employed or | 22 | | contracted by a third-party vendor who is engaged in, or | 23 | | holding himself or herself out as engaged in, those activities | 24 | | involved in or incidental to supervising the following: the | 25 | | maintenance, operation, development, or improvement of a | 26 | | cemetery licensed under this Act; the interment of human |
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| 1 | | remains; or the care, preservation, and embellishment of | 2 | | cemetery property. | 3 | | "Cemetery merchandise" means items of personal property | 4 | | normally sold by a cemetery authority not covered under the | 5 | | Illinois Funeral or Burial Funds Act, including, but not | 6 | | limited to: | 7 | | (1) memorials; | 8 | | (2) markers; | 9 | | (3) monuments; | 10 | | (4) foundations and installations; and | 11 | | (5) outer burial containers. | 12 | | "Cemetery operation" means to engage or attempt to engage | 13 | | in the interment, inurnment, or entombment of human remains or | 14 | | to engage in or attempt to engage in the maintenance care of a | 15 | | cemetery. | 16 | | "Cemetery Oversight Database" means a database certified | 17 | | by the Department as effective in tracking the interment, | 18 | | entombment, or inurnment of human remains.
| 19 | | "Cemetery services" means those services customarily | 20 | | performed by cemetery or crematory personnel in connection with | 21 | | the interment, entombment, inurnment, or cremation of a dead | 22 | | human body. | 23 | | "Cemetery worker" means an individual, including an | 24 | | independent contractor or third-party vendor, who performs any | 25 | | work at the cemetery that is customarily performed by one or | 26 | | more cemetery employees, including openings and closings of |
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| 1 | | vaults and graves, stone settings, inurnments, interments, | 2 | | entombments, administrative work, handling of any official | 3 | | burial records, the preparation of foundations for memorials, | 4 | | and routine cemetery maintenance. This definition does not | 5 | | include uncompensated, volunteer workers. | 6 | | "Certificate of organization" means the document received | 7 | | by a cemetery association from the Secretary of State that | 8 | | indicates that the cemetery association shall be deemed fully | 9 | | organized as a body corporate under the name adopted and in its | 10 | | corporate name may sue and be sued. | 11 | | "Comptroller" means the Comptroller of the State of | 12 | | Illinois. | 13 | | "Consumer" means a person, or the persons given priority | 14 | | for the disposition of an individual's remains under the | 15 | | Disposition of Remains Act, who purchases or is considering | 16 | | purchasing cemetery, burial, or cremation products or services | 17 | | from a cemetery authority or crematory authority, whether for | 18 | | themselves or for another person. | 19 | | "Consumer's agent" means a person designated in writing by | 20 | | the consumer. | 21 | | "Customer service employee" means an individual who has | 22 | | direct contact with consumers and explains cemetery | 23 | | merchandise or services or negotiates, develops, or finalizes | 24 | | contracts with consumers. This definition includes, without | 25 | | limitation, an employee, an individual that is an independent | 26 | | contractor, an individual that is employed or contracted by an |
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| 1 | | independent contractor, a third-party vendor, or an individual | 2 | | that is employed or contracted by a third-party vendor, who has | 3 | | direct contact with consumers and explains cemetery | 4 | | merchandise or services or negotiates, develops, or finalizes | 5 | | contracts with consumers. This definition does not include an | 6 | | employee, an individual that is an independent contractor or an | 7 | | individual that is employed or contracted by an independent | 8 | | contractor, a third party vendor, or an individual that is | 9 | | employed or contracted by a third party vendor, who merely | 10 | | provides a printed cemetery list to a consumer, processes | 11 | | payment from a consumer, or performs sales functions related | 12 | | solely to incidental merchandise like flowers, souvenirs, or | 13 | | other similar items. | 14 | | "Department" means the Department of Financial and | 15 | | Professional Regulation. | 16 | | "Employee" means an individual who works for a cemetery | 17 | | authority where the cemetery authority has the right to control | 18 | | what work is performed and the details of how the work is | 19 | | performed regardless of whether federal or State payroll taxes | 20 | | are withheld. | 21 | | "Entombment right" means the right to place individual | 22 | | human remains or individual cremated human remains in a | 23 | | specific mausoleum crypt or lawn crypt selected by a consumer | 24 | | for use as a final resting place. | 25 | | "Family burying ground" means a cemetery in which no lots | 26 | | are sold to the public and in which substantially all |
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| 1 | | interments are restricted to the immediate family or a group of | 2 | | individuals related to each other by blood or marriage. | 3 | | "Full exemption" means an exemption granted to a cemetery | 4 | | authority pursuant to subsection (a) of Section 5-20. | 5 | | "Fraternal cemetery" means a cemetery owned, operated, | 6 | | controlled, or managed by any fraternal organization or | 7 | | auxiliary organization, in which the sale of lots, graves, | 8 | | crypts, or niches is restricted principally to its members. | 9 | | "Funeral director" means a funeral director as defined by | 10 | | the Funeral Directors and Embalmers Licensing Code. | 11 | | "Grave" means a space of ground in a cemetery used or | 12 | | intended to be used for burial. | 13 | | "Green burial or cremation disposition" means burial or | 14 | | cremation practices that reduce the greenhouse gas emissions, | 15 | | waste, and toxic chemicals ordinarily created in burial or | 16 | | cremation or, in the case of greenhouse gas emissions, mitigate | 17 | | or offset emissions. Such practices include standards for | 18 | | burial or cremation certified by the Green Burial Council or | 19 | | any other organization or method that the Department may name | 20 | | by rule. | 21 | | "Immediate family" means the designated agent of a person | 22 | | or the persons given priority for the disposition of a person's | 23 | | remains under the Disposition of Remains Act and shall include | 24 | | a person's spouse, parents, grandparents, children, | 25 | | grandchildren and siblings. | 26 | | "Imputed value" means the retail price of comparable rights |
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| 1 | | within the same or similar area of the cemetery. | 2 | | "Independent contractor" means a person who performs work | 3 | | for a cemetery authority where the cemetery authority has the | 4 | | right to control or direct only the result of the work and not | 5 | | the means and methods of accomplishing the result. | 6 | | "Individual" means a natural person. | 7 | | "Interment right" means the right to place individual human | 8 | | remains or cremated human remains in a specific underground | 9 | | location selected by a consumer for use as a final resting | 10 | | place. | 11 | | "Inurnment right" means the right to place individual | 12 | | cremated human remains in a specific niche selected by the | 13 | | consumer for use as a final resting place. | 14 | | "Investment Company Act of 1940" means Title 15 of the | 15 | | United States Code, Sections 80a-1 to 80a-64, inclusive, as | 16 | | amended. | 17 | | "Investment company" means any issuer (a) whose securities | 18 | | are purchasable only with care funds or trust funds, or both; | 19 | | (b) that is an open and diversified management company as | 20 | | defined in and registered under the Investment Company Act of | 21 | | 1940; and (c) that has entered into an agreement with the | 22 | | Department containing such provisions as the Department by | 23 | | regulation requires for the proper administration of this Act. | 24 | | "Lawn crypt" means a permanent underground crypt installed | 25 | | in multiple units for the entombment interment of human | 26 | | remains. |
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| 1 | | "Licensee" means a person licensed under this Act as a | 2 | | cemetery authority or , cemetery manager , or customer service | 3 | | employee. Anyone who holds himself or herself out as a licensee | 4 | | or who is accused of unlicensed practice is considered a | 5 | | licensee for purposes of enforcement, investigation, hearings, | 6 | | and the Illinois Administrative Procedure Act. This definition | 7 | | does not include a cemetery worker. | 8 | | "Mausoleum crypt" means a grouping of spaces constructed of | 9 | | reinforced concrete or similar material constructed or | 10 | | assembled above the ground for entombing human remains. space | 11 | | in a mausoleum used or intended to be used, above or | 12 | | underground, to entomb human remains. | 13 | | "Municipal cemetery" means a cemetery owned, operated, | 14 | | controlled, or managed by any city, village, incorporated town, | 15 | | township, county, or other municipal corporation, political | 16 | | subdivision, or instrumentality authorized by law to own, | 17 | | operate, or manage a cemetery. | 18 | | "Niche" means a space in a columbarium or mausoleum used, | 19 | | or intended to be used, for inurnment of cremated human | 20 | | remains. | 21 | | "Partial exemption" means an exemption granted to a | 22 | | cemetery authority pursuant to subsection (b) of Section 5-20. | 23 | | "Parcel identification number" means a unique number | 24 | | assigned to a grave, plot, crypt, or niche that enables the | 25 | | Department to ascertain the precise location of a decedent's | 26 | | remains interred, entombed, or inurned after the effective date |
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| 1 | | of this Act. | 2 | | "Person" means any individual, firm, partnership, | 3 | | association, corporation, limited liability company, trustee, | 4 | | government or political subdivision, or other entity. | 5 | | "Privately held cemetery" means a cemetery that is owned by | 6 | | a corporation, individual, or trust that is for profit. | 7 | | "Public cemetery" means a cemetery owned, operated, | 8 | | controlled, or managed by the federal government, by any state, | 9 | | county, city, village, incorporated town, township, | 10 | | multi-township, public cemetery district, or other municipal | 11 | | corporation, political subdivision, or instrumentality thereof | 12 | | authorized by law to own, operate, or manage a cemetery. | 13 | | "Religious cemetery" means a cemetery owned, operated, | 14 | | controlled, or managed by any recognized church, religious | 15 | | society, association, or denomination, or by any cemetery | 16 | | authority or any corporation administering, or through which is | 17 | | administered, the temporalities of any recognized church, | 18 | | religious society, association, or denomination. | 19 | | "Secretary" means the Secretary of Financial and | 20 | | Professional Regulation. | 21 | | "Term burial" means a right of interment sold to a consumer | 22 | | in which the cemetery authority retains the right to disinter | 23 | | and relocate the remains, subject to the provisions of | 24 | | subsection (d) of Section 35-15 of this Act. | 25 | | "Trustee" means any person authorized to hold funds under | 26 | | this Act. |
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| 1 | | "Unique personal identifier" means the parcel | 2 | | identification number in addition to the term of burial in | 3 | | years; the numbered level or depth in the grave, plot, crypt, | 4 | | or niche; and the year of death for human remains interred, | 5 | | entombed, or inurned after the effective date of this Act.
| 6 | | (Source: P.A. 96-863, eff. 3-1-10.) | 7 | | (225 ILCS 411/5-20) | 8 | | (Section scheduled to be repealed on January 1, 2021)
| 9 | | Sec. 5-20. Exemptions.
| 10 | | (a) Notwithstanding any provision of law to the contrary, | 11 | | this Act does not apply to (1) any cemetery authority operating | 12 | | as a family burying ground, (2) any cemetery authority that has | 13 | | not engaged in an interment, inurnment, or entombment of human | 14 | | remains within the last 10 years and does not accept or | 15 | | maintain care funds, or (3) any religious cemetery, (4) any | 16 | | municipal cemetery, (5) any fraternal cemetery, (6) any | 17 | | cemetery association organized under "AN ACT to provide for the | 18 | | incorporation of cemetery associations by general law", | 19 | | approved February 14, 1855, or the Cemetery Association Act, or | 20 | | (7) any privately held cemetery authority that is less than 3 2 | 21 | | acres and does not accept or maintain care funds . For purposes | 22 | | of determining the applicability of this subsection, the | 23 | | Department may rely on any list of registered and licensed | 24 | | cemeteries maintained by the Office of the Illinois | 25 | | Comptroller. the number of interments, inurnments, and |
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| 1 | | entombments shall be aggregated for each calendar year. A | 2 | | cemetery authority claiming a full exemption shall apply for | 3 | | exempt status as provided for in Article 10 of this Act. A | 4 | | cemetery authority that performs activities that would | 5 | | disqualify it from a full exemption is required to apply for | 6 | | licensure within one year following the date on which its | 7 | | activities would disqualify it for a full exemption. A cemetery | 8 | | authority that previously qualified for and maintained a full | 9 | | exemption that fails to timely apply for licensure shall be | 10 | | deemed to have engaged in unlicensed practice and shall be | 11 | | subject to discipline in accordance with Article 25 of this | 12 | | Act. | 13 | | (b) (Blank). Notwithstanding any provision of law to the | 14 | | contrary, a cemetery authority that does not qualify for a full | 15 | | exemption that is operating as a cemetery authority (i) that | 16 | | engages in 25 or fewer interments, inurnments, or entombments | 17 | | of human remains for each of the preceding 2 calendar years and | 18 | | does not accept or maintain care funds, (ii) that is operating | 19 | | as a public cemetery, or (iii) that is operating as a religious | 20 | | cemetery is exempt from this Act, but is required to comply | 21 | | with Sections 20-5(a), 20-5(b), 20-5(b-5), 20-5(c), 20-5(d), | 22 | | 20-6, 20-8, 20-10, 20-11, 20-12, 20-30, 25-3, and 25-120 and | 23 | | Article 35 of this Act. Cemetery authorities claiming a partial | 24 | | exemption shall apply for the partial exemption as provided in | 25 | | Article 10 of this Act. A cemetery authority that changes to a | 26 | | status that would disqualify it from a partial exemption is |
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| 1 | | required to apply for licensure within one year following the | 2 | | date on which it changes its status. A cemetery authority that | 3 | | maintains a partial exemption that fails to timely apply for | 4 | | licensure shall be deemed to have engaged in unlicensed | 5 | | practice and shall be subject to discipline in accordance with | 6 | | Article 25 of this Act.
| 7 | | (c) Nothing in this Act applies to the City of Chicago in | 8 | | its exercise of its powers under the O'Hare Modernization Act | 9 | | or limits the authority of the City of Chicago to acquire | 10 | | property or otherwise exercise its powers under the O'Hare | 11 | | Modernization Act, or requires the City of Chicago, or any | 12 | | person acting on behalf of the City of Chicago, to comply with | 13 | | the licensing, regulation, investigation, or mediation | 14 | | requirements of this Act in exercising its powers under the | 15 | | O'Hare Modernization Act.
| 16 | | (Source: P.A. 96-863, eff. 3-1-10.) | 17 | | (225 ILCS 411/5-25) | 18 | | (Section scheduled to be repealed on January 1, 2021)
| 19 | | Sec. 5-25. Powers and responsibilities of the Department. | 20 | | Subject to the provisions of this Act, the Department may | 21 | | exercise the following powers: | 22 | | (1) Authorize a certification program written | 23 | | examinations to ascertain the qualifications and fitness | 24 | | of applicants for licensing as a licensed cemetery manager | 25 | | or as a customer service employee to ascertain whether they |
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| 1 | | possess the requisite level of knowledge for such position. | 2 | | (2) Work with the Office of the Comptroller and the | 3 | | Department of Vital Records to exchange information | 4 | | relating
to a licensed cemetery authority and to request | 5 | | additional information relating to a
licensed cemetery | 6 | | authority from the Office of the Comptroller in order for | 7 | | the
Department to effectively enforce this Act. Examine and | 8 | | audit a licensed cemetery authority's care funds, records | 9 | | from any year, and records of care funds from any year, or | 10 | | any other aspects of cemetery operation as the Department | 11 | | deems appropriate. | 12 | | (3) Investigate cemetery contracts, grounds, or | 13 | | employee records to determine whether or
not a consumer | 14 | | complaint is material and alleges fraud. Investigate any | 15 | | and all cemetery-related activity. | 16 | | (4) Conduct hearings on proceedings to refuse to issue | 17 | | or renew licenses or to revoke, suspend, place on | 18 | | probation, reprimand, or otherwise discipline a license | 19 | | under this Act or take other non-disciplinary action. | 20 | | (5) Adopt reasonable rules required for the | 21 | | administration of this Act. | 22 | | (6) Prescribe forms to be issued for the administration | 23 | | and enforcement of this Act. | 24 | | (7) Maintain rosters of the names and addresses of all | 25 | | licensees and all persons whose licenses have been | 26 | | suspended, revoked, denied renewal, or otherwise |
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| 1 | | disciplined within the previous calendar year. These | 2 | | rosters shall be available upon written request and payment | 3 | | of the required fee as established by rule.
| 4 | | The Department shall upon the request of the licensee | 5 | | provide a copy of any non-frivolous consumer complaint from the | 6 | | complaining consumer with the following statement: | 7 | | "This information may only be used by the licensee in | 8 | | its effort to address the complaint in a respectful | 9 | | manner.". | 10 | | The copy of the complaint shall include the following: | 11 | | (1) the consumer's name, address, and telephone | 12 | | number; | 13 | | (2) the decedent's name if applicable; | 14 | | (3) the consumer contract that the consumer is | 15 | | complaining about; and | 16 | | (4) the name, address, and telephone number of the | 17 | | consumer's agent and the instrument designating the agent | 18 | | from the consumer. | 19 | | (Source: P.A. 96-863, eff. 3-1-10.) | 20 | | (225 ILCS 411/10-5) | 21 | | (Section scheduled to be repealed on January 1, 2021)
| 22 | | Sec. 10-5. Restrictions and limitations. No person shall, | 23 | | without a valid license issued by the Department, (i) hold | 24 | | himself or herself out in any manner to the public as a | 25 | | licensed cemetery authority or , licensed cemetery manager , or |
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| 1 | | customer service employee ; (ii) attach the title "licensed | 2 | | cemetery authority" or , "licensed cemetery manager" , or | 3 | | "licensed customer service employee" to his or her name; or | 4 | | (iii) render or offer to render services constituting the | 5 | | practice of privately held cemetery operation ; or (iv) accept | 6 | | care funds within the meaning of this Act or otherwise hold | 7 | | funds for care and maintenance unless such person is holding | 8 | | and managing funds on behalf of a cemetery authority and is | 9 | | authorized to conduct a trust business under the Corporate | 10 | | Fiduciary Act or the federal National Bank Act .
| 11 | | (Source: P.A. 96-863, eff. 3-1-10.) | 12 | | (225 ILCS 411/10-15) | 13 | | (Section scheduled to be repealed on January 1, 2021)
| 14 | | Sec. 10-15. Privately held cemetery authority license | 15 | | Persons not licensed under the Cemetery Care Act or the | 16 | | Cemetery Association Act .
A cemetery manager, a customer | 17 | | service employee, or a person acting as a cemetery authority | 18 | | who was not required to obtain licensure prior to the effective | 19 | | date of this Act need not comply with the licensure requirement | 20 | | in this Article until the Department takes action on the | 21 | | person's application for a license. The application for a | 22 | | privately held cemetery authority license must be submitted to | 23 | | the Department within 6 months after the adoption of | 24 | | administrative rules effective date of this Act . For cemetery | 25 | | managers already working for a privately held cemetery |
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| 1 | | authority at the time of privately held cemetery authority | 2 | | application for licensure, the application for a cemetery | 3 | | manager license must be submitted at the same time as the | 4 | | original application for licensure as a privately held cemetery | 5 | | authority pursuant to this Section or Section 10-10, whichever | 6 | | the case may be. Any applicant for licensure as a cemetery | 7 | | manager of a cemetery authority that is already licensed under | 8 | | this Act or that has a pending application for licensure under | 9 | | this Act must submit his or her application to the Department | 10 | | on or before his or her first day of work. The application for | 11 | | a customer service employee license must be submitted to the | 12 | | Department within 10 days after the cemetery authority for | 13 | | which he or she works becomes licensed under this Act or on or | 14 | | before his or her first day of work, whichever the case may be. | 15 | | If the person fails to submit the application within the | 16 | | required period, the person shall be considered to be engaged | 17 | | in unlicensed practice and shall be subject to discipline in | 18 | | accordance with Article 25 of this Act.
| 19 | | (Source: P.A. 96-863, eff. 3-1-10.) | 20 | | (225 ILCS 411/10-20) | 21 | | (Section scheduled to be repealed on January 1, 2021)
| 22 | | Sec. 10-20. Application for original license or exemption . | 23 | | (a) Applications for original licensure as a privately held | 24 | | cemetery authority or a privately held cemetery manager , | 25 | | cemetery manager, or customer service employee authorized by |
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| 1 | | this Act , or application for exemption from licensure as a | 2 | | cemetery authority, shall be made to the Department on forms | 3 | | prescribed by the Department, which shall include the | 4 | | applicant's Social Security number or FEIN number, or both, and | 5 | | shall be accompanied by the required fee as set by rule. | 6 | | Applications for partial or full exemption from licensure as a | 7 | | cemetery authority shall be submitted to the Department within | 8 | | 12 months after the Department adopts rules under this Act. If | 9 | | the person fails to submit the application for partial or full | 10 | | exemption within this period, the person shall be subject to | 11 | | discipline in accordance with Article 25 of this Act. If a | 12 | | cemetery authority seeks to practice at more than one location, | 13 | | it shall meet all licensure requirements at each location as | 14 | | required by this Act and by rule, including submission of an | 15 | | application and fee. A person licensed as a cemetery manager or | 16 | | customer service employee need not submit a Worker's Statement | 17 | | in accordance with Section 10-22 of this Act. | 18 | | (b) (Blank). If the application for licensure as a cemetery | 19 | | authority does not claim a full exemption or partial exemption, | 20 | | then the cemetery authority license application shall be | 21 | | accompanied by a fidelity bond, proof of self-insurance, or | 22 | | letter of credit in the amount required by rule. Such bond, | 23 | | self-insurance, or letter of credit shall run to the Department | 24 | | for the benefit of the care funds held by such cemetery | 25 | | authority or by the trustee of the care funds of such cemetery | 26 | | authority. If care funds of a cemetery authority are held by |
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| 1 | | any entity authorized to do a trust business under the | 2 | | Corporate Fiduciary Act or held by an investment company, then | 3 | | the Department shall waive the requirement of a bond, | 4 | | self-insurance, or letter of credit as established by rule. If | 5 | | the Department finds at any time that the bond, self-insurance | 6 | | or letter of credit is insecure or exhausted or otherwise | 7 | | doubtful, then an additional bond, form of self-insurance, or | 8 | | letter of credit in like amount to be approved by the | 9 | | Department shall be filed by the cemetery authority applicant | 10 | | or licensee within 30 days after written demand is served upon | 11 | | the applicant or licensee by the Department. In addition, if | 12 | | the cemetery authority application does not claim a full | 13 | | exemption or partial exemption, then the license application | 14 | | shall be accompanied by proof of liability insurance, proof of | 15 | | self-insurance, or a letter of credit in the amount required by | 16 | | rule. The procedure by which claims on the liability insurance, | 17 | | self-insurance, or letter of credit are made and paid shall be | 18 | | determined by rule. Any bond obtained pursuant to this | 19 | | subsection shall be issued by a bonding company authorized to | 20 | | do business in this State. Any letter of credit obtained | 21 | | pursuant to this subsection shall be issued by a financial | 22 | | institution authorized to do business in this State. | 23 | | Maintaining the bonds, self-insurance, or letters of credit | 24 | | required under this subsection is a continuing obligation for | 25 | | licensure. A bonding company may terminate a bond, a financial | 26 | | institution may terminate a letter of credit, or an insurance |
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| 1 | | company may terminate liability insurance and avoid further | 2 | | liability by filing a 60-day notice of termination with the | 3 | | Department and at the same time sending the same notice to the | 4 | | cemetery authority. | 5 | | (c) After initial licensure, if any person comes to obtain | 6 | | at least 51% of the ownership over the licensed privately held | 7 | | cemetery authority, then the privately held cemetery authority | 8 | | shall have to apply for a new license and receive licensure in | 9 | | the required time as set by rule. The current license remains | 10 | | in effect until the Department takes action on the application | 11 | | for a new license. | 12 | | (d) All applications shall contain the information that, in | 13 | | the judgment of the Department, will enable the Department to | 14 | | pass on the qualifications of the applicant for an exemption | 15 | | from licensure or for a license to practice as a privately held | 16 | | cemetery authority or , cemetery manager , or customer service | 17 | | employee as set by rule .
| 18 | | (Source: P.A. 96-863, eff. 3-1-10.) | 19 | | (225 ILCS 411/10-21) | 20 | | (Section scheduled to be repealed on January 1, 2021)
| 21 | | Sec. 10-21. Qualifications for licensure. | 22 | | (a) A privately held cemetery authority shall apply for | 23 | | licensure on forms prescribed by the Department and pay the | 24 | | required fee. An applicant is qualified for licensure as a | 25 | | privately held cemetery authority if the applicant meets all of |
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| 1 | | the following qualifications: | 2 | | (1) The applicant is of good moral character and has | 3 | | not committed any act or offense in any jurisdiction that | 4 | | would constitute the basis for discipline under this Act. | 5 | | When considering such license In determining good moral | 6 | | character , the Department shall take into consideration | 7 | | the following: | 8 | | (A) the applicant's record of compliance with the | 9 | | Code of Professional Conduct and Ethics, and whether | 10 | | the applicant has been found to have engaged in any | 11 | | unethical or dishonest practices in the cemetery | 12 | | business by a government authority ; | 13 | | (B) whether the applicant has been adjudicated, | 14 | | civilly or criminally, to have committed fraud or to | 15 | | have violated any law of any state involving unfair | 16 | | trade or business practices, has been convicted of a | 17 | | misdemeanor of which fraud is an essential element or | 18 | | which involves any aspect of the cemetery business, or | 19 | | has been convicted of any felony; | 20 | | (C) whether the applicant has willfully violated | 21 | | any provision of this Act or a predecessor law or any | 22 | | regulations relating thereto; | 23 | | (D) whether the applicant has been permanently or | 24 | | temporarily suspended, enjoined, or barred by any | 25 | | court of competent jurisdiction in any state from | 26 | | engaging in or continuing any conduct or practice |
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| 1 | | involving any aspect of the cemetery or funeral | 2 | | business; and | 3 | | (E) whether the applicant has ever had any license | 4 | | to practice any profession or occupation suspended, | 5 | | denied, fined, or otherwise acted against or | 6 | | disciplined by the applicable licensing authority. | 7 | | If the applicant is a corporation, limited liability | 8 | | company, partnership, or other entity permitted by law, | 9 | | then each principal, owner, member, officer, and | 10 | | shareholder holding 51% 25% or more of corporate stock is | 11 | | to be of good moral character. Good moral character is a | 12 | | continuing requirement of licensure. | 13 | | (2) When the applicant is already an existing licensed | 14 | | privately held cemetery authority, the The applicant | 15 | | provides a copy of a statement of it's assets and | 16 | | liabilities. Any new cemetery with a new privately held | 17 | | cemetery authority shall have the applicant provide | 18 | | evidence satisfactory to the Department that the applicant | 19 | | has financial resources sufficient to comply with the | 20 | | maintenance and record-keeping provisions in Section 20-5 | 21 | | of this Act. Maintaining sufficient financial resources is | 22 | | a continuing requirement for licensure. | 23 | | (3) The applicant has not, within the preceding 10 | 24 | | years, been convicted of or entered a plea of guilty or | 25 | | nolo contendere to (i) a Class X felony or (ii) a felony, | 26 | | an essential element of which was fraud or dishonesty under |
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| 1 | | the laws of this State, another state, the United States, | 2 | | or a foreign jurisdiction. If the applicant is a | 3 | | corporation, limited liability company, partnership, or | 4 | | other entity permitted by law, then each principal, owner, | 5 | | member, officer, and shareholder holding 25% or more of | 6 | | corporate stock has not, within the preceding 10 years, | 7 | | been convicted of or entered a plea of guilty or nolo | 8 | | contendere to (i) a Class X felony or (ii) a felony, an | 9 | | essential element of which was fraud or dishonesty under | 10 | | the laws of this State, another state, the United States, | 11 | | or a foreign jurisdiction. | 12 | | (4) (Blank). The applicant submits his or her | 13 | | fingerprints in accordance with subsection (c) of this | 14 | | Section. | 15 | | (5) (Blank). The applicant has complied with all other | 16 | | requirements of this Act and the rules adopted for the | 17 | | implementation of this Act. | 18 | | (b) The cemetery manager and customer service employees of | 19 | | a licensed privately held cemetery authority shall apply for | 20 | | licensure as a cemetery manager or customer service employee on | 21 | | forms prescribed by the Department and pay the required fee. A | 22 | | person is qualified for licensure as a cemetery manager or | 23 | | customer service employee if he or she meets all of the | 24 | | following requirements: | 25 | | (1) Is at least 18 years of age. | 26 | | (2) Has acted in an ethical manner as outlined in |
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| 1 | | Section 10-23 of this Act and is Is of good moral | 2 | | character. Good moral character is a continuing | 3 | | requirement of licensure. In determining qualifications of | 4 | | licensure good moral character , the Department shall take | 5 | | into consideration the factors outlined in item (1) of | 6 | | subsection (a) of this Section. | 7 | | (3) Submits proof of successful completion of a high | 8 | | school education or its equivalent as established by rule. | 9 | | (4) (Blank). Submits his or her fingerprints in | 10 | | accordance with subsection (c) of this Section. | 11 | | (5) Has not committed a violation of this Act or any | 12 | | rules adopted under this Act that, in the opinion of the | 13 | | Department, renders the applicant unqualified to be a | 14 | | cemetery manager. | 15 | | (6) Submits proof of successful completion of a | 16 | | certification course Successfully passes the examination | 17 | | authorized by the Department for cemetery managers manager | 18 | | or customer service employee, whichever is applicable . | 19 | | (7) Has not, within the preceding 10 years, been | 20 | | convicted of or entered a plea of guilty or nolo contendere | 21 | | to (i) a Class X felony or (ii) a felony, an essential | 22 | | element of which was fraud or dishonesty under the laws of | 23 | | this State, another state, the United States, or a foreign | 24 | | jurisdiction. | 25 | | (8) (Blank). Can be reasonably expected to treat | 26 | | consumers professionally, fairly, and ethically. |
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| 1 | | (9) Has complied with all other requirements of this | 2 | | Act and the rules adopted for implementation of this Act. | 3 | | (c) (Blank). Each applicant for a cemetery authority, | 4 | | cemetery manager, or customer service employee license shall | 5 | | have his or her fingerprints submitted to the Department of | 6 | | State Police in an electronic format that complies with the | 7 | | form and manner for requesting and furnishing criminal history | 8 | | record information that is prescribed by the Department of | 9 | | State Police. These
fingerprints shall be checked against the | 10 | | Department of State
Police and Federal Bureau of Investigation | 11 | | criminal history
record databases. The Department of State | 12 | | Police shall charge
applicants a fee for conducting the | 13 | | criminal history records
check, which shall be deposited in the | 14 | | State Police Services
Fund and shall not exceed the actual cost | 15 | | of the records check.
The Department of State Police shall | 16 | | furnish, pursuant to
positive identification, records of | 17 | | Illinois convictions to
the Department. The Department may | 18 | | require applicants to pay a
separate fingerprinting fee, either | 19 | | to the Department or
directly to a designated fingerprint | 20 | | vendor. The Department, in
its discretion, may allow an | 21 | | applicant who does not have
reasonable access to a designated | 22 | | fingerprint vendor to provide
his or her fingerprints in an | 23 | | alternative manner. The
Department, in its discretion, may also | 24 | | use other procedures in
performing or obtaining criminal | 25 | | background checks of
applicants. Instead of submitting his or | 26 | | her fingerprints, an
individual may submit proof that is |
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| 1 | | satisfactory to the
Department that an equivalent security | 2 | | clearance has been
conducted. If the applicant for a cemetery | 3 | | authority license is a corporation, limited liability company, | 4 | | partnership, or other entity permitted by law, then each | 5 | | principal, owner, member, officer, and shareholder holding 25% | 6 | | or more of corporate stock shall have his or her fingerprints | 7 | | submitted in accordance with this subsection (c).
| 8 | | (Source: P.A. 96-863, eff. 3-1-10.) | 9 | | (225 ILCS 411/10-23) | 10 | | (Section scheduled to be repealed on January 1, 2021)
| 11 | | Sec. 10-23. Code of Professional Conduct and Ethics. The | 12 | | Department shall adopt a Code of Professional Conduct and | 13 | | Ethics by rule. Cemetery authorities, cemetery managers , and | 14 | | customer service employees shall abide by the Code of | 15 | | Professional Conduct and Ethics.
| 16 | | (Source: P.A. 96-863, eff. 3-1-10.) | 17 | | (225 ILCS 411/10-25) | 18 | | (Section scheduled to be repealed on January 1, 2021)
| 19 | | Sec. 10-25. Certification. Examination; failure or refusal | 20 | | to take the examination. | 21 | | (a) The Department shall authorize certification programs | 22 | | for examinations of cemetery manager managers of privately held | 23 | | cemeteries and customer service employee applicants at such | 24 | | times and places as it may determine . The certification program |
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| 1 | | shall consist of cemetery ethics, cemetery law, and cemetery | 2 | | practices. Cemetery law shall include the Cemetery Oversight | 3 | | Act, the Cemetery Care Act, the Disposition of Remains Act, and | 4 | | the Cemetery Protection Act. Cemetery practices shall include | 5 | | treating the dead and their family members with dignity and | 6 | | respect. The certification program shall consist of an | 7 | | examination by the entity providing the certification. | 8 | | examinations shall fairly test an applicant's qualifications | 9 | | to practice as cemetery manager or customer service employee, | 10 | | whatever the case may be, and knowledge of the theory and | 11 | | practice of cemetery operation and management or cemetery | 12 | | customer service, whichever is applicable. The examination | 13 | | shall further test the extent to which the applicant | 14 | | understands and appreciates that the final disposal of a | 15 | | deceased human body should be attended with appropriate | 16 | | observance and understanding, having due regard and respect for | 17 | | the reverent care of the human body and for those bereaved and | 18 | | for the overall spiritual dignity of an individual. | 19 | | (a-5) The cemetery manager applicant may choose any entity | 20 | | that has been approved
by the Department from which to obtain | 21 | | certification. The examinations for cemetery manager and | 22 | | customer service employee shall be appropriate for cemetery | 23 | | professionals and shall not cover mortuary science. | 24 | | (a-10) (Blank). The examinations for cemetery manager and | 25 | | customer service employee applicants shall be tiered, as | 26 | | determined by rule, to account for the different amount of |
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| 1 | | knowledge needed by such applicants depending on their job | 2 | | duties and the number of interments, inurnments, and | 3 | | entombments per year at the cemetery at which they work. | 4 | | (b) Cemetery managers of a privately held cemetery who | 5 | | apply for certification Applicants for examinations shall pay , | 6 | | either to the Department or to the designated entity testing | 7 | | service, a fee covering the cost of providing the certification | 8 | | examination . Failure to appear for the examination on the | 9 | | scheduled date at the time and place specified after the | 10 | | application for examination has been received and acknowledged | 11 | | by the Department or the designated testing service shall | 12 | | result in forfeiture of the examination fee. | 13 | | (c) If the privately held cemetery manager applicant | 14 | | neglects, fails, or refuses to become certified take an | 15 | | examination or fails to pass an examination for a certification | 16 | | license under this Act within one year after filing an | 17 | | application, then the application shall be denied. However, the | 18 | | applicant may thereafter submit a new application accompanied | 19 | | by the required fee. The applicant shall meet the requirements | 20 | | in force at the time of making the new application. | 21 | | (d) (Blank). The Department may employ consultants for the | 22 | | purpose of preparing and conducting examinations. | 23 | | (e) The Department shall recognize any certification | 24 | | program that is conducted by a death
care trade association in | 25 | | Illinois that has been in existence for more than 5 years that, | 26 | | in the determination of the Department, adequately covers |
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| 1 | | required provisions in this Act. The Department shall have the | 2 | | authority to adopt or recognize, in part or in whole, | 3 | | examinations prepared, administered, or graded by other | 4 | | organizations in the cemetery industry that are determined | 5 | | appropriate to measure the qualifications of an applicant for | 6 | | licensure.
| 7 | | (Source: P.A. 96-863, eff. 3-1-10.) | 8 | | (225 ILCS 411/10-39 new) | 9 | | Sec. 10-39. Cemetery manager; display of certification and | 10 | | license. The cemetery manager must conspicuously display the | 11 | | certification, and the license after it is received, at the | 12 | | privately
held cemetery authority's place of business. Any new | 13 | | cemetery manager shall have a
reasonable time period, not to | 14 | | exceed one year, to attend a recognized certification program.
| 15 | | In the interim, the new cemetery manager may manage the | 16 | | privately held cemetery if he
or she has received training from | 17 | | another person, as verified by an appropriate form approved by | 18 | | the Department, who has received certification by a
program | 19 | | recognized by the Department. | 20 | | (225 ILCS 411/10-40) | 21 | | (Section scheduled to be repealed on January 1, 2021)
| 22 | | Sec. 10-40. Expiration and renewal of license. The | 23 | | expiration date, renewal period not to be less than every 3 | 24 | | years , a reasonable renewal fee, and other requirements for |
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| 1 | | each license shall be set by rule.
| 2 | | (Source: P.A. 96-863, eff. 3-1-10.) | 3 | | (225 ILCS 411/10-55) | 4 | | (Section scheduled to be repealed on January 1, 2021)
| 5 | | Sec. 10-55. Fees. | 6 | | (a) The Except as provided in subsection (b) of this | 7 | | Section, the fees for the administration and enforcement of | 8 | | this Act, including, but not limited to, original licensure, | 9 | | renewal, and restoration fees, shall be set by the Department | 10 | | by rule. The fees shall be reasonable and shall not be | 11 | | refundable. Fees shall be reasonable and shall avoid creating | 12 | | competitive disadvantages for licensed cemeteries in | 13 | | comparison to exempt cemeteries. The Secretary, upon | 14 | | recommendation of the Cemetery Oversight Board, may waive fees | 15 | | based upon hardship. | 16 | | (b) Applicants for certification examination shall be | 17 | | required to pay , either to the Department or the designated | 18 | | testing service, a fee covering the cost of providing the | 19 | | certification to the entity providing the certification of the | 20 | | cemetery manager examination . | 21 | | (c) All fees and other moneys collected under this Act | 22 | | shall be deposited in the Cemetery Oversight Licensing and | 23 | | Disciplinary Fund.
| 24 | | (Source: P.A. 96-863, eff. 3-1-10.) |
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| 1 | | (225 ILCS 411/20-5) | 2 | | (Section scheduled to be repealed on January 1, 2021)
| 3 | | Sec. 20-5. 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 based on the type and | 7 | | size of the cemetery, topographic limitations, and contractual | 8 | | commitments with consumers. Subject to the provisions of this | 9 | | subsection (a), reasonable maintenance includes: | 10 | | (1) the laying of seed, sod, or other suitable ground | 11 | | cover as soon as practical following an interment given the | 12 | | weather conditions, climate, and season and the | 13 | | interment's proximity to ongoing burial activity; | 14 | | (2) the cutting of lawn throughout the cemetery at | 15 | | reasonable intervals to prevent an overgrowth of grass and | 16 | | weeds given the weather conditions, climate, and season; | 17 | | (3) the trimming of shrubs to prevent excessive | 18 | | overgrowth; | 19 | | (4) the trimming of trees to remove dead limbs; | 20 | | (5) keeping in repair the drains, water lines, roads, | 21 | | buildings, fences, and other structures; and | 22 | | (6) keeping the cemetery premises free of trash and | 23 | | debris. | 24 | | Reasonable maintenance by the cemetery authority shall not
| 25 | | preclude the exercise of lawful rights by the owner of an
| 26 | | interment, inurnment, or entombment right, or by the decedent's
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| 1 | | immediate family or other heirs, in accordance with reasonable
| 2 | | rules and regulations of the cemetery or other agreement of the
| 3 | | cemetery authority. | 4 | | In the case of a cemetery dedicated as a nature preserve | 5 | | under the Illinois Natural Areas Preservation Act, reasonable | 6 | | maintenance by the cemetery authority shall be in accordance | 7 | | with the rules and master plan governing the dedicated nature | 8 | | preserve. | 9 | | The Department shall adopt rules to provide greater detail | 10 | | as to what constitutes the reasonable maintenance required | 11 | | under this Section. The rules shall differentiate between | 12 | | cemeteries based on, among other things, the size and financial | 13 | | strength of the cemeteries. The rules shall also provide a | 14 | | reasonable opportunity for a cemetery authority accused of | 15 | | violating the provisions of this Section to cure any such | 16 | | violation in a timely manner given the weather conditions, | 17 | | climate, and season before the Department initiates formal | 18 | | proceedings. | 19 | | (b) A privately held cemetery authority, before commencing | 20 | | cemetery operations or within 6 months after the effective date | 21 | | of this Act, shall cause an overall map of its cemetery | 22 | | property, delineating all lots or plots, blocks, sections, | 23 | | avenues, walks, alleys, and paths and their respective | 24 | | designations, to be filed at its on-site office, or if it does | 25 | | not maintain an on-site office, at its principal place of | 26 | | business. A cemetery manager's certificate acknowledging, |
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| 1 | | accepting, and adopting the map shall also be included with the | 2 | | map. The Department may order that the privately held cemetery | 3 | | authority obtain a cemetery plat and that it be filed at its | 4 | | on-site office, or if it does not maintain an on-site office, | 5 | | at its principal place of business only if in the following | 6 | | circumstances: (1) the cemetery authority is expanding or | 7 | | altering the cemetery grounds; or (2) a human body that should | 8 | | have been interred, entombed, or inurned at the cemetery after | 9 | | the effective date of this Amendatory Act of the 97th General | 10 | | Assembly is missing , displaced, or dismembered and the cemetery | 11 | | map contains serious discrepancies. | 12 | | In exercising this discretion, the Department shall | 13 | | consider whether the privately held cemetery authority would | 14 | | experience an undue hardship as a result of obtaining the plat. | 15 | | The cemetery plat, as with all plats prepared under this Act, | 16 | | shall comply with the Illinois Professional Land Surveyor Act | 17 | | of 1989 and shall delineate, describe, and set forth all lots | 18 | | or plots, blocks, sections, avenues, walks, alleys, and paths | 19 | | and their respective designations. A cemetery manager's | 20 | | certificate acknowledging, accepting, and adopting the plat | 21 | | shall also be included with the plat. | 22 | | (b-5) A privately held cemetery authority shall maintain an | 23 | | index that associates the identity of deceased persons | 24 | | interred, entombed, or inurned after the effective date of this | 25 | | Act with their respective place of interment, entombment, or | 26 | | inurnment. If a person may be located in a cemetery database by |
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| 1 | | name, then the privately held cemetery authority shall be | 2 | | considered in compliance with the requirement of this | 3 | | subsection (b-5). | 4 | | (c) The privately held cemetery authority shall open the | 5 | | cemetery map or plat to public inspection. The cemetery | 6 | | authority shall make available a copy of the overall cemetery | 7 | | map or plat upon written request and shall, if practical, | 8 | | provide a copy of a segment of the cemetery plat where | 9 | | interment rights are located upon the payment of reasonable | 10 | | photocopy fees. Any unsold lots, plots, or parts thereof, in | 11 | | which there are not human remains, may be resurveyed and | 12 | | altered in shape or size and properly designated on the | 13 | | cemetery map or plat. However, sold lots, plots, or parts | 14 | | thereof in which there are human remains may not be renumbered | 15 | | or renamed. Nothing contained in this subsection, however, | 16 | | shall prevent the privately held cemetery authority from | 17 | | enlarging an interment right by selling to its owner the excess | 18 | | space next to the interment right and permitting interments | 19 | | therein, provided reasonable access to the interment right and | 20 | | to adjoining interment rights is not thereby eliminated. | 21 | | (d) A privately held cemetery authority shall keep a record | 22 | | of every interment, entombment, and inurnment completed after | 23 | | the effective date of this Act. The record shall include the | 24 | | deceased's name, age, date of burial, and the location parcel | 25 | | identification number identifying where the human remains are | 26 | | interred, entombed, or inurned. The record shall also include |
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| 1 | | the unique personal identifier as may be further defined by | 2 | | rule, which is the parcel identification number in addition to | 3 | | the term of burial in years; the numbered level or depth in the | 4 | | grave, plot, crypt, or niche; and the year of death. | 5 | | (e) (Blank). | 6 | | (f) A privately held cemetery authority shall make | 7 | | available for inspection and, upon reasonable request and the | 8 | | payment of a reasonable copying fee, provide a copy of its | 9 | | rules and regulations. A privately held cemetery authority | 10 | | shall make available for viewing and provide a copy of its | 11 | | current prices of interment, inurnment, or entombment rights. | 12 | | (g) A privately held cemetery authority shall provide | 13 | | access to the cemetery under the privately held cemetery | 14 | | authority's reasonable rules and regulations. | 15 | | (h) A privately held cemetery authority shall be | 16 | | responsible for the proper opening and closing of all graves, | 17 | | crypts, or niches for human remains in any cemetery property it | 18 | | owns. | 19 | | (i) (Blank). Any corporate or other business organization | 20 | | trustee of the care funds of every licensed cemetery authority | 21 | | shall be located in or a resident of this State. The licensed | 22 | | cemetery authority and the trustee of care funds shall keep in | 23 | | this State and use in its business such books, accounts, and | 24 | | records as will enable the Department to determine whether such | 25 | | licensee or trustee is complying with the provisions of this | 26 | | Act and with the rules, regulations, and directions made by the |
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| 1 | | Department under this Act. The licensed cemetery authority | 2 | | shall keep the books, accounts, and records in electronic or | 3 | | written format at the location identified in the license issued | 4 | | by the Department or as otherwise agreed by the Department in | 5 | | writing. The books, accounts, and records shall be accessible | 6 | | for review upon demand of the Department.
| 7 | | (Source: P.A. 96-863, eff. 3-1-10.) | 8 | | (225 ILCS 411/20-10) | 9 | | (Section scheduled to be repealed on January 1, 2021)
| 10 | | Sec. 20-10. Contract. At the time cemetery arrangements | 11 | | are made and prior to rendering the cemetery services, a | 12 | | licensed privately held cemetery authority shall create a | 13 | | written contract to be provided to the consumer, signed by both | 14 | | parties, that shall contain: (i) contact information, as set | 15 | | out in Section 20-11, and the date on which the arrangements | 16 | | were made; (ii) the price of the cemetery service selected and | 17 | | the cemetery services and cemetery merchandise included for | 18 | | that price; (iii) the supplemental items of cemetery service | 19 | | and cemetery merchandise requested and the price of each item; | 20 | | (iv) the terms or method of payment agreed upon; and (v) a | 21 | | statement as to any monetary advances made on behalf of the | 22 | | family. The privately held cemetery authority shall maintain a | 23 | | copy of such written contract in its permanent records.
| 24 | | (Source: P.A. 96-863, eff. 3-1-10.) |
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| 1 | | (225 ILCS 411/20-11) | 2 | | (Section scheduled to be repealed on January 1, 2021)
| 3 | | Sec. 20-11. Contact information in a contract. All | 4 | | privately held cemetery authorities shall include in the | 5 | | contract described in Section 20-10 the name, office address, | 6 | | and office telephone number of the licensed privately held | 7 | | cemetery authority , except for a cemetery authority that is | 8 | | operating as a religious cemetery or public cemetery, which | 9 | | shall include in the contract described in Section 20-10 the | 10 | | name, address, and telephone number of the cemetery manager. | 11 | | Upon written request to a cemetery authority by a consumer, the | 12 | | cemetery authority shall provide: (1) the cemetery authority's | 13 | | registered agent, if any; (2) the cemetery authority's | 14 | | proprietor, if the cemetery authority is an individual; (3) | 15 | | every partner, if the cemetery authority is a partnership; (4) | 16 | | the president, secretary, executive and senior vice | 17 | | presidents, directors, and individuals owning 25% or more of | 18 | | the corporate stock, if the cemetery authority is a | 19 | | corporation; and (5) the manager, if the cemetery authority is | 20 | | a limited liability company .
| 21 | | (Source: P.A. 96-863, eff. 3-1-10.) | 22 | | (225 ILCS 411/20-20) | 23 | | (Section scheduled to be repealed on January 1, 2021)
| 24 | | Sec. 20-20. Display of license. Every privately held | 25 | | cemetery authority and , cemetery manager , and customer service |
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| 1 | | employee license issued by the Department shall state the | 2 | | number of the license and the address at which the business is | 3 | | to be conducted. Such license shall be kept conspicuously | 4 | | posted in the place of business of the licensee and shall not | 5 | | be transferable or assignable. Nothing in this amendatory Act | 6 | | of the 97th General Assembly shall prevent an individual from | 7 | | acting as a licensed cemetery manager or customer service | 8 | | employee for more than one cemetery. A cemetery manager or | 9 | | customer service employee who works at more than one cemetery | 10 | | shall display an original version of his or her license at each | 11 | | location for which the individual serves as a cemetery manager | 12 | | or customer service employee .
| 13 | | (Source: P.A. 96-863, eff. 3-1-10.) | 14 | | (225 ILCS 411/20-30) | 15 | | (Section scheduled to be repealed on January 1, 2021)
| 16 | | Sec. 20-30. Signage. The Department shall create, and each | 17 | | licensed privately held cemetery authority shall conspicuously | 18 | | post signs in English and Spanish in each cemetery office that | 19 | | contain the Department's consumer hotline number, information | 20 | | on how to file a complaint, and whatever other information that | 21 | | the Department deems appropriate.
| 22 | | (Source: P.A. 96-863, eff. 3-1-10.) | 23 | | (225 ILCS 411/25-1) | 24 | | (Section scheduled to be repealed on January 1, 2021)
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| 1 | | Sec. 25-1. Denial of license or exemption from licensure . | 2 | | If the Department determines that an application for licensure | 3 | | or exemption from licensure should be denied pursuant to | 4 | | Section 25-10, then the applicant shall be sent a notice of | 5 | | intent to deny license or exemption from licensure and the | 6 | | applicant shall be given the opportunity to request, within 20 | 7 | | days of the notice, a hearing on the denial. If the applicant | 8 | | requests a hearing, then the Secretary shall schedule a hearing | 9 | | within 30 days after the request for a hearing, unless | 10 | | otherwise agreed to by the parties. The Secretary shall have | 11 | | the authority to appoint an attorney duly licensed to practice | 12 | | law in the State of Illinois to serve as the hearing officer. | 13 | | The hearing officer shall have full authority to conduct the | 14 | | hearing. The hearing shall be held at the time and place | 15 | | designated by the Secretary. The Secretary shall have the | 16 | | authority to prescribe rules for the administration of this | 17 | | Section.
| 18 | | (Source: P.A. 96-863, eff. 3-1-10.) | 19 | | (225 ILCS 411/25-5) | 20 | | (Section scheduled to be repealed on January 1, 2021)
| 21 | | Sec. 25-5. Citations. | 22 | | (a) The Department may adopt rules to permit the issuance | 23 | | of citations for non-frivolous complaints. The citation shall | 24 | | be issued to the licensee and shall contain the licensee's name | 25 | | and address, the licensee's license number, a brief factual |
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| 1 | | statement, the Sections of the law allegedly violated, and the | 2 | | penalty imposed. When issuing a citation that proposes a | 3 | | suspension or revocation of the license of a privately held | 4 | | cemetery authority or cemetery manager, the Department must | 5 | | consider recommendations of the Cemetery Oversight Board. The | 6 | | citation must clearly state that the licensee has the option | 7 | | may choose , in lieu of accepting the citation, to request a | 8 | | hearing. If the licensee does not dispute the matter in the | 9 | | citation with the Department within 30 days after the citation | 10 | | is served, then the citation shall become a final order and | 11 | | shall constitute discipline. The penalty shall be a fine or | 12 | | other conditions as established by rule. | 13 | | (b) The Department shall adopt rules and must consider | 14 | | recommendations of the Cemetery Oversight Board when | 15 | | designating violations for which a citation may be issued. Such | 16 | | rules shall designate as citation violations those violations | 17 | | for which there is no substantial threat to the public health, | 18 | | safety, and welfare. Citations shall not be utilized if there | 19 | | was any significant consumer harm resulting from the violation. | 20 | | (c) A citation must be issued within 6 months after the | 21 | | reporting of a violation that is the basis for the citation. | 22 | | (d) Service of a citation may be made by personal service , | 23 | | or certified mail with confirmation of receipt, or other | 24 | | delivery service with confirmation of receipt to the licensee | 25 | | at the licensee's address of record.
| 26 | | (Source: P.A. 96-863, eff. 3-1-10.) |
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| 1 | | (225 ILCS 411/25-10) | 2 | | (Section scheduled to be repealed on January 1, 2021)
| 3 | | Sec. 25-10. Grounds for disciplinary action. | 4 | | (a) The Department may refuse to issue or renew a license | 5 | | or may revoke, suspend, place on probation, reprimand, or take | 6 | | other disciplinary action as the Department may deem | 7 | | appropriate and must consider recommendations of the Cemetery | 8 | | Oversight Board , including imposing fines not to exceed $1,000 | 9 | | $10,000 for each violation, with regard to any license issued | 10 | | under this Act, for any one or combination of the following: | 11 | | (1) Intentional material Material misstatement in | 12 | | furnishing information to the Department.
| 13 | | (2) Violations of this Act, except for Section 20-8, or | 14 | | of the rules adopted under this Act.
| 15 | | (3) Conviction of, or entry of a plea of guilty or nolo | 16 | | contendere to, any crime within the last 10 years that is a | 17 | | Class X felony or is a felony involving fraud and | 18 | | dishonesty under the laws of the United States or any state | 19 | | or territory thereof. | 20 | | (4) Making any misrepresentation for the purpose of | 21 | | obtaining licensure or violating any provision of this Act | 22 | | or the rules adopted under this Act.
| 23 | | (5) Professional incompetence.
| 24 | | (6) Gross malpractice.
| 25 | | (7) Aiding or assisting another person in violating any |
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| 1 | | provision of this Act or rules adopted under this Act.
| 2 | | (8) Failing, within 10 business days, to provide | 3 | | information in response to a written request made by the | 4 | | Department.
| 5 | | (9) Engaging in dishonorable, unethical, or | 6 | | unprofessional conduct of a character likely to deceive, | 7 | | defraud, or harm the public.
| 8 | | (10) Inability to practice with reasonable judgment, | 9 | | skill, or safety as a result of habitual or excessive use | 10 | | of alcohol, narcotics, stimulants, or any other chemical | 11 | | agent or drug. | 12 | | (11) Discipline by another state, District of | 13 | | Columbia, territory, or foreign nation, if at least one of | 14 | | the grounds for the discipline is the same or substantially | 15 | | equivalent to those set forth in this Section. | 16 | | (12) Directly or indirectly giving to or receiving from | 17 | | any person, firm, corporation, partnership, or association | 18 | | any fee, commission, rebate, or other form of compensation | 19 | | for professional services not actually or personally | 20 | | rendered. | 21 | | (13) A finding by the Department that the licensee, | 22 | | after having his or her license placed on probationary | 23 | | status, has violated the terms of probation.
| 24 | | (14) Willfully making or filing false records or | 25 | | reports in his or her practice, including, but not limited | 26 | | to, false records filed with any governmental agency or |
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| 1 | | department. | 2 | | (15) Inability to practice the profession with | 3 | | reasonable judgment, skill, or safety. | 4 | | (16) Failure to file an annual report or to maintain in | 5 | | effect the required bond or to comply with an order, | 6 | | decision, or finding of the Department made pursuant to | 7 | | this Act. | 8 | | (17) Directly or indirectly receiving compensation for | 9 | | any professional services not actually performed. | 10 | | (18) Practicing under a false or, except as provided by | 11 | | law, an assumed name.
| 12 | | (19) Fraud or misrepresentation in applying for, or | 13 | | procuring, a license under this Act or in connection with | 14 | | applying for renewal of a license under this Act.
| 15 | | (20) (Blank) Cheating on or attempting to subvert the | 16 | | licensing examination administered under this Act .
| 17 | | (21) Unjustified failure to honor its contracts.
| 18 | | (22) Negligent supervision of a cemetery manager , | 19 | | customer service employee, cemetery worker, or independent | 20 | | contractor .
| 21 | | (23) A pattern of practice or other behavior which | 22 | | demonstrates incapacity or incompetence to practice under | 23 | | this Act.
| 24 | | (24) Allowing an individual who is not, but is required | 25 | | to be, licensed under this Act to perform work for the | 26 | | privately held cemetery authority. |
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| 1 | | (25) (Blank). Allowing an individual who has not, but | 2 | | is required to, submit a Worker's Statement in accordance | 3 | | with Section 10-22 of this Act to perform work at the | 4 | | cemetery. | 5 | | (b) No action may be taken under this Act against a person | 6 | | licensed under this Act unless the action is commenced within 5 | 7 | | years after the occurrence of the alleged violations , except | 8 | | for item (3) of subsection (a) of this Section in which case | 9 | | the action may commence within 10 years after the occurrence of | 10 | | the alleged violations . A continuing violation shall be deemed | 11 | | to have occurred on the date when the circumstances last | 12 | | existed that give rise to the alleged violation.
| 13 | | (Source: P.A. 96-863, eff. 3-1-10.) | 14 | | (225 ILCS 411/25-13.1 new) | 15 | | Sec. 25-13.1. Renewal. | 16 | | (a) Beginning with the August 2012 renewal, every privately | 17 | | held cemetery
authority and cemetery manager of a privately | 18 | | held cemetery issued under
this Act shall expire on August 31 | 19 | | every 3 years. | 20 | | (b) It is the responsibility of each licensee to notify the | 21 | | Department of any
change of address. Failure to receive a | 22 | | renewal form from the Department
shall not constitute an excuse | 23 | | for failure to renew one's license or to pay
the renewal fee. | 24 | | (c) Practicing on an expired license is unlicensed practice
| 25 | | and subject to discipline under Section 25-10 of this Act. |
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| 1 | | (d) No privately held cemetery authority shall, after the | 2 | | expiration of a
cemetery manager employee license, permit the | 3 | | holder of the expired
license to do any work requiring | 4 | | licensure. | 5 | | (225 ILCS 411/25-14) | 6 | | (Section scheduled to be repealed on January 1, 2021)
| 7 | | Sec. 25-14. Mandatory reports. | 8 | | (a) If a privately held cemetery authority receives a | 9 | | consumer complaint alleging fraud that is not resolved to the | 10 | | satisfaction of the consumer within 60 days of the complaint, | 11 | | the privately held cemetery authority shall advise the consumer | 12 | | of the right to seek investigation by the Department referring | 13 | | the consumer to the signage and shall report the consumer | 14 | | complaint to the Department within the next 30 days. Cemetery | 15 | | authorities shall report to the Department within 30 days after | 16 | | the settlement of any liability insurance claim or cause of | 17 | | action, or final judgment in any cause of action, that alleges | 18 | | negligence, fraud, theft, misrepresentation, misappropriation, | 19 | | or breach of contract . | 20 | | (b) The State's Attorney of each county shall report to the | 21 | | Department all instances in which an individual licensed as a | 22 | | cemetery manager of a privately held cemetery or customer | 23 | | service employee, or any individual listed on a licensed | 24 | | privately held cemetery authority's application under this | 25 | | Act, is convicted or otherwise found guilty of the commission |
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| 1 | | of any felony. The report shall be submitted to the Department | 2 | | within 60 days after conviction or finding of guilty.
| 3 | | (Source: P.A. 96-863, eff. 3-1-10.) | 4 | | (225 ILCS 411/25-15) | 5 | | (Section scheduled to be repealed on January 1, 2021)
| 6 | | Sec. 25-15. Cease and desist. | 7 | | (a) The Secretary may issue an order to cease and desist to | 8 | | any licensee or other person doing business without the | 9 | | required license when, in the opinion of the Secretary, the | 10 | | licensee or other person is violating or is about to violate | 11 | | any provision of this Act or any rule or requirement imposed in | 12 | | writing by the Department. | 13 | | (b) The Secretary may issue an order to cease and desist | 14 | | prior to a hearing and such order shall be in full force and | 15 | | effect until a final administrative order is entered.
| 16 | | (c) The Secretary shall serve notice of his or her action, | 17 | | designated as an order to cease and desist made pursuant to | 18 | | this Section, including a statement of the reasons for the | 19 | | action, either personally or by certified mail, return receipt | 20 | | requested or by other delivery service that provides a | 21 | | confirmation of receipt . Service by certified mail shall be | 22 | | deemed completed when the notice is deposited in the United | 23 | | States mail and sent to the address of record or, in the case | 24 | | of unlicensed activity, the address known to the Department. | 25 | | (d) Within 15 days after service of the order to cease and |
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| 1 | | desist, the licensee or other person may request, in writing, a | 2 | | hearing. | 3 | | (e) The Secretary shall schedule a hearing within 30 days | 4 | | after the request for a hearing unless otherwise agreed to by | 5 | | the parties. | 6 | | (f) The Secretary shall have the authority to prescribe | 7 | | rules for the administration of this Section. | 8 | | (g) If, after hearing, it is determined that the Secretary | 9 | | has the authority to issue the order to cease and desist, he or | 10 | | she may issue such orders as may be reasonably necessary to | 11 | | correct, eliminate, or remedy such conduct. | 12 | | (h) The powers vested in the Secretary by this Section are | 13 | | additional to any and all other powers and remedies vested in | 14 | | the Secretary by law and nothing in this Section shall be | 15 | | construed as requiring that the Secretary shall employ the | 16 | | power conferred in this Section instead of or as a condition | 17 | | precedent to the exercise of any other power or remedy vested | 18 | | in the Secretary.
| 19 | | (Source: P.A. 96-863, eff. 3-1-10.) | 20 | | (225 ILCS 411/25-25) | 21 | | (Section scheduled to be repealed on January 1, 2021)
| 22 | | Sec. 25-25. Investigations, notice, hearings. | 23 | | (a) The Department may at any time investigate the actions | 24 | | of any applicant or of any person or persons rendering or | 25 | | offering to render services as a privately held cemetery |
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| 1 | | authority, cemetery manager of a privately held cemetery , or | 2 | | customer service employee of or any person holding or claiming | 3 | | to hold a license as a licensed privately held cemetery | 4 | | authority, cemetery manager of a privately held cemetery , or | 5 | | customer service employee . If it appears to the Department that | 6 | | a person has engaged in, is engaging in, or is about to engage | 7 | | in any practice declared to be unlawful by this Act, then the | 8 | | Department may: (1) require that person to file on such terms | 9 | | as the Department prescribes a statement or report in writing, | 10 | | under oath or otherwise, containing all information the | 11 | | Department may consider necessary to ascertain whether a | 12 | | licensee is in compliance with this Act, or whether an | 13 | | unlicensed person is engaging in activities for which a license | 14 | | is required; (2) examine under oath any individual in | 15 | | connection with the books and records pertaining to or having | 16 | | an impact upon the operation of a cemetery or trust funds | 17 | | required to be maintained pursuant to this Act ; (3) examine any | 18 | | books and records of the licensee , trustee, or investment | 19 | | advisor that the Department may consider necessary to ascertain | 20 | | compliance with this Act; and (4) require the production of a | 21 | | copy of any record, book, document, account, or paper that is | 22 | | produced in accordance with this Act and retain it in his or | 23 | | her possession until the completion of all proceedings in | 24 | | connection with which it is produced. | 25 | | (b) The Secretary may, with consideration of the | 26 | | recommendations of the Cemetery Oversight Board and after 10 |
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| 1 | | days notice by personal service, certified mail with return | 2 | | receipt requested , or by any delivery service that provides a | 3 | | confirmation of receipt to the licensee at the address of | 4 | | record or to the last known address of any other person stating | 5 | | the contemplated action and in general the grounds therefor, | 6 | | fine such licensee an amount not exceeding $1,000 $10,000 per | 7 | | violation or revoke, suspend, refuse to renew, place on | 8 | | probation, or reprimand any license issued under this Act if he | 9 | | or she finds that:
| 10 | | (1) the licensee has failed to comply with any | 11 | | provision of this Act or any order, decision, finding, | 12 | | rule, regulation, or direction of the Secretary lawfully | 13 | | made pursuant to the authority of this Act; or
| 14 | | (2) any fact or condition exists which, if it had | 15 | | existed at the time of the original application for the | 16 | | license, clearly would have warranted the Secretary in | 17 | | refusing to issue the license.
| 18 | | (c) The Secretary , with consideration and recommendations | 19 | | of the Cemetery Oversight Board, may fine, revoke, suspend, | 20 | | refuse to renew, place on probation, reprimand, or take any | 21 | | other disciplinary action as to the particular license with | 22 | | respect to which grounds for the fine, revocation, suspension, | 23 | | refuse to renew, probation, or reprimand, or other disciplinary | 24 | | action occur or exist, but if the Secretary finds that grounds | 25 | | for revocation are of general application to all offices or to | 26 | | more than one office of the licensee, the Secretary shall fine, |
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| 1 | | revoke, suspend, refuse to renew, place on probation, | 2 | | reprimand, or otherwise discipline every license to which such | 3 | | grounds apply. | 4 | | (d) In every case in which a license is revoked, suspended, | 5 | | placed on probation, reprimanded, or otherwise disciplined, | 6 | | the Secretary shall serve the licensee with notice of his or | 7 | | her action, including a statement of the reasons for his or her | 8 | | actions, either personally or by certified mail, return receipt | 9 | | requested or by any delivery service that provides a | 10 | | confirmation of receipt . Service by certified mail shall be | 11 | | deemed completed when the notice is deposited in the United | 12 | | States mail and sent to the address of record. | 13 | | (e) An order assessing a fine, an order revoking, | 14 | | suspending, placing on probation, or reprimanding a license or, | 15 | | an order denying renewal of a license shall take effect upon | 16 | | service of the order unless the licensee requests, in writing, | 17 | | within 20 days after the date of service, a hearing. In the | 18 | | event a hearing is requested, an order issued under this | 19 | | Section shall be stayed until a final administrative order is | 20 | | entered. | 21 | | (f) If the licensee requests a hearing, then the Secretary | 22 | | shall schedule a hearing within 30 days after the request for a | 23 | | hearing unless otherwise agreed to by the parties. The | 24 | | Secretary shall have the authority to appoint an attorney duly | 25 | | licensed to practice law in the State of Illinois to serve as | 26 | | the hearing officer in any disciplinary action with regard to a |
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| 1 | | license. The hearing officer shall have full authority to | 2 | | conduct the hearing. | 3 | | (g) The hearing shall be held at the time and place | 4 | | designated by the Secretary. | 5 | | (h) The Secretary shall have the authority to prescribe | 6 | | rules , with consideration and recommendations of the Cemetery | 7 | | Oversight Board, for the administration of this Section. | 8 | | (i) Fines imposed and any costs assessed shall be paid | 9 | | within 60 days.
| 10 | | (Source: P.A. 96-863, eff. 3-1-10.) | 11 | | (225 ILCS 411/25-70) | 12 | | (Section scheduled to be repealed on January 1, 2021)
| 13 | | Sec. 25-70. Receivership. In the event a privately held | 14 | | cemetery authority license is suspended or revoked or where an | 15 | | unlicensed person has conducted activities requiring privately | 16 | | held cemetery authority licensure under this Act, the | 17 | | Department, through the Attorney General, may petition the | 18 | | circuit courts of this State for appointment of a receiver to | 19 | | administer the care funds of such licensee or unlicensed person | 20 | | or to operate the cemetery. | 21 | | (a) The court shall appoint a receiver if the court
| 22 | | determines that a receivership is necessary or advisable: | 23 | | (1) to ensure the orderly and proper conduct of a | 24 | | licensee's professional business and affairs during or in | 25 | | the aftermath of the administrative proceeding to revoke or |
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| 1 | | suspend the privately held cemetery authority's license; | 2 | | (2) for the protection of the public's interest and | 3 | | rights in the business, premises, or activities of the | 4 | | person sought to be placed in receivership; | 5 | | (3) upon a showing of actual or constructive | 6 | | abandonment of premises or business licensed or which was | 7 | | not but should have been licensed under this Act; | 8 | | (4) upon a showing of serious and repeated violations | 9 | | of this Act demonstrating an inability or unwillingness of | 10 | | a licensee to comply with the requirements of this Act; | 11 | | (5) to prevent loss, wasting, dissipation, theft, or | 12 | | conversion of assets that should be marshaled and held | 13 | | available for the honoring of obligations under this Act; | 14 | | or | 15 | | (6) upon proof of other grounds that the court deems | 16 | | good and sufficient for instituting receivership action | 17 | | concerning the respondent sought to be placed in | 18 | | receivership.
| 19 | | (b) A receivership under this Section may be temporary, or | 20 | | for the winding up and dissolution of the business, as the | 21 | | Department may request and the court determines to be necessary | 22 | | or advisable in the circumstances. Venue of receivership | 23 | | proceedings may be, at the Department's election, in Cook | 24 | | County or the county where the subject of the receivership is | 25 | | located. The appointed receiver shall be the Department or such | 26 | | person as the Department may nominate and the court shall |
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| 1 | | approve. | 2 | | (c) The Department may adopt rules for the implementation | 3 | | of this Section.
| 4 | | (Source: P.A. 96-863, eff. 3-1-10.) | 5 | | (225 ILCS 411/25-85) | 6 | | (Section scheduled to be repealed on January 1, 2021)
| 7 | | Sec. 25-85. Inactive status. | 8 | | (a) Any licensed manager of a privately held cemetery or | 9 | | customer service employee who notifies the Department in | 10 | | writing on forms prescribed by the Department as determined by | 11 | | rule, may elect to place his or her license on an inactive | 12 | | status and shall, subject to rules of the Department, be | 13 | | excused from payment of renewal fees until he or she notifies | 14 | | the Department in writing of his or her desire to resume active | 15 | | status. Any licensed cemetery manager of a privately held | 16 | | cemetery or licensed customer service employee requesting | 17 | | restoration from inactive status shall pay the current renewal | 18 | | fee and meet requirements as provided by rule. Any licensee | 19 | | whose license is in inactive status shall not practice in the | 20 | | State of Illinois. | 21 | | (b) A privately held cemetery authority license may only go | 22 | | on inactive status by following the provisions for dissolution | 23 | | set forth in Section 10-50 or transfer in Section 10-45.
| 24 | | (Source: P.A. 96-863, eff. 3-1-10.) |
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| 1 | | (225 ILCS 411/25-105) | 2 | | (Section scheduled to be repealed on January 1, 2021)
| 3 | | Sec. 25-105. Violations. Any person who is found to have | 4 | | engaged in unlicensed practices under this Act violated any | 5 | | provision of this Act or any applicant for licensure who files | 6 | | with the Department the fingerprints of an individual other | 7 | | than himself or herself is guilty of a Class A misdemeanor. | 8 | | Upon conviction of a second or subsequent offense the violator | 9 | | shall be guilty of a Class 4 felony. However, whoever | 10 | | intentionally fails to deposit the required amounts into a | 11 | | trust provided for in this Act or intentionally and improperly | 12 | | withdraws or uses trust funds for his or her own benefit shall | 13 | | be guilty of a Class 4 felony and each day such provisions are | 14 | | violated shall constitute a separate offense.
| 15 | | (Source: P.A. 96-863, eff. 3-1-10.) | 16 | | (225 ILCS 411/25-110) | 17 | | (Section scheduled to be repealed on January 1, 2021)
| 18 | | Sec. 25-110. Civil action and civil penalties. In addition | 19 | | to the other penalties and remedies provided in this Act, the | 20 | | Department may bring a civil action in the county in which the | 21 | | cemetery is located against a licensee or any other person to | 22 | | enjoin any violation or threatened violation of this Act. In | 23 | | addition to any other penalty provided by law, any person who | 24 | | violates this Act shall forfeit and pay a civil penalty to the | 25 | | Department in an amount not to exceed $1,000 $10,000 for each |
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| 1 | | violation as determined by the Department. The civil penalty | 2 | | shall be assessed by the Department in accordance with the | 3 | | provisions of this Act. Any civil penalty shall be paid within | 4 | | 60 days after the effective date of the order imposing the | 5 | | civil penalty. The order shall constitute a judgment and may be | 6 | | filed and execution had thereon in the same manner as any | 7 | | judgment from any court of record. All moneys collected under | 8 | | this Section shall be deposited into the Cemetery Oversight | 9 | | Licensing and Disciplinary Fund.
| 10 | | (Source: P.A. 96-863, eff. 3-1-10.) | 11 | | (225 ILCS 411/25-125) | 12 | | (Section scheduled to be repealed on January 1, 2021)
| 13 | | Sec. 25-125. Cemetery Oversight Board. The Cemetery | 14 | | Oversight Board is created and shall consist of 7 the | 15 | | Secretary, who shall serve as its chairperson, and 8 members | 16 | | appointed by the Secretary. Appointments shall be made within | 17 | | 90 days after the effective date of this Act. Five Three | 18 | | members shall represent the segment of the privately held | 19 | | cemetery industry licensed under this Act, and the chairman | 20 | | shall be annually selected from within this group by their | 21 | | majority vote. One member that does not maintain a partial | 22 | | exemption or full exemption, one member shall represent the | 23 | | segment of the cemetery industry that maintains a partial | 24 | | exemption as a public cemetery, one member shall represent the | 25 | | segment of the cemetery industry that maintains a partial |
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| 1 | | exemption as a religious cemetery, 2 members shall be a | 2 | | consumer consumers as defined in this Act, and one member shall | 3 | | represent the general public. No member shall be a licensed | 4 | | professional from a non-cemetery segment of the death care | 5 | | industry. No member of the Board shall be appointed who works | 6 | | for an exempt cemetery authority or at multiple categories of | 7 | | cemeteries. Board members shall serve 5-year terms and until | 8 | | their successors are appointed and qualified. The membership of | 9 | | the Board should reasonably reflect representation from the | 10 | | geographic areas in this State. No member shall be reappointed | 11 | | to the Board for a term that would cause his or her continuous | 12 | | service on the Board to be longer than 10 successive years. | 13 | | Appointments to fill vacancies shall be made in the same manner | 14 | | as original appointments, for the unexpired portion of the | 15 | | vacated term. Four Five members of the Board shall constitute a | 16 | | quorum. A quorum is required for Board decisions. The Secretary | 17 | | may remove any member of the Board for misconduct, | 18 | | incompetence, neglect of duty, conflict of interest, or for | 19 | | reasons prescribed by law for removal of State officials. The | 20 | | Secretary may remove a member of the Board who does not attend | 21 | | 2 consecutive meetings. The Department may, at any time, seek | 22 | | the expert advice and knowledge of the Board on any matter | 23 | | relating to the administration or enforcement of this Act. The | 24 | | Secretary shall consider the recommendations of the Board in | 25 | | the development of proposed rules or disciplinary action under | 26 | | this Act and for establishing guidelines and examinations as |
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| 1 | | may be required under this Act. Notice of any proposed | 2 | | rulemaking under this Act shall be transmitted to the Board and | 3 | | the Department shall consider review the response of the Board | 4 | | and any recommendations made therein. The Secretary may retain | 5 | | any Board member currently serving who qualifies under the | 6 | | changes made to this Section by this amendatory Act of the 97th | 7 | | General Assembly.
| 8 | | (Source: P.A. 96-863, eff. 3-1-10.) | 9 | | (225 ILCS 411/75-20) | 10 | | (Section scheduled to be repealed on January 1, 2021)
| 11 | | Sec. 75-20. Rules. The Department may adopt rules for the | 12 | | administration and enforcement of this Act with consideration | 13 | | of recommendations of the Cemetery Oversight Board . The rules | 14 | | shall include standards for licensure, professional conduct, | 15 | | and discipline.
| 16 | | (Source: P.A. 96-863, eff. 3-1-10.) | 17 | | (225 ILCS 411/75-25) | 18 | | (Section scheduled to be repealed on January 1, 2021)
| 19 | | Sec. 75-25. Home rule. The regulation and licensing as | 20 | | provided for in this Act are exclusive powers and functions of | 21 | | the State. A home rule unit may not regulate or license | 22 | | privately held cemetery authorities, cemetery managers, | 23 | | employees, or workers employed or hired on behalf of the | 24 | | privately held cemetery authority customer service employees, |
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| 1 | | cemetery workers, or any activities relating to the operation | 2 | | of a cemetery. This Section is a denial and limitation of home | 3 | | rule powers and functions under subsection (h) of Section 6 of | 4 | | Article VII of the Illinois Constitution.
| 5 | | (Source: P.A. 96-863, eff. 3-1-10.) | 6 | | (225 ILCS 411/75-45) | 7 | | (Section scheduled to be repealed on January 1, 2021)
| 8 | | Sec. 75-45. Fees. The Department shall by rule provide for | 9 | | fees for the administration and enforcement of this Act other | 10 | | than as specifically provided in Section 10-55 , and those fees | 11 | | are nonrefundable. All of the fees and fines collected under | 12 | | this Act shall be deposited into the Cemetery Oversight | 13 | | Licensing and Disciplinary Fund and be appropriated to the | 14 | | Department for the ordinary and contingent expenses of the | 15 | | Department in the administration and enforcement of this Act. | 16 | | Fees shall be reasonable and shall avoid creating competitive | 17 | | disadvantages for licensed cemetery authorities in comparison | 18 | | to exempt cemetery authorities. The Secretary, upon | 19 | | recommendation of the Cemetery Oversight Board, may waive fees | 20 | | based upon hardship.
| 21 | | (Source: P.A. 96-863, eff. 3-1-10.) | 22 | | (225 ILCS 411/75-50) | 23 | | (Section scheduled to be repealed on January 1, 2021)
| 24 | | Sec. 75-50. Burial permits. After the effective date of |
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| 1 | | this amendatory Act of the 97th General Assembly, | 2 | | notwithstanding Notwithstanding any law to the contrary, a | 3 | | cemetery authority shall ensure that every burial permit | 4 | | maintained at the cemetery shall contain applicable to that | 5 | | cemetery authority contains the decedent's parcel | 6 | | identification number or other information as provided by rule | 7 | | regarding the location of the interment, entombment, or | 8 | | inurnment of the deceased that would enable the Department to | 9 | | determine the precise location of the decedent.
| 10 | | (Source: P.A. 96-863, eff. 3-1-10.) | 11 | | (225 ILCS 411/10-10 rep.) | 12 | | (225 ILCS 411/10-22 rep.) | 13 | | (225 ILCS 411/10-30 rep.) | 14 | | (225 ILCS 411/10-45 rep.) | 15 | | (225 ILCS 411/10-50 rep.) | 16 | | (225 ILCS 411/Art. 15 rep.) | 17 | | (225 ILCS 411/20-6 rep.) | 18 | | (225 ILCS 411/20-8 rep.) | 19 | | (225 ILCS 411/20-12 rep.) | 20 | | (225 ILCS 411/20-15 rep.) | 21 | | (225 ILCS 411/20-25 rep.) | 22 | | (225 ILCS 411/Art. 22 rep.) | 23 | | (225 ILCS 411/25-3 rep.) | 24 | | (225 ILCS 411/25-13 rep.) | 25 | | (225 ILCS 411/25-75 rep.) |
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| 1 | | (225 ILCS 411/25-120 rep.) | 2 | | (225 ILCS 411/Art. 35 rep.) | 3 | | (225 ILCS 411/75-55 rep.) | 4 | | (225 ILCS 411/90-90 rep.) | 5 | | (225 ILCS 411/90-95 rep.) | 6 | | Section 920. The Cemetery Oversight Act is amended by | 7 | | repealing Articles 15, 22, and 35 and Sections 10-10, 10-22, | 8 | | 10-30, 10-45, 10-50, 20-6, 20-8, 20-12, 20-15, 20-25, 25-3, | 9 | | 25-13, 25-75, 25-120, 75-55, 90-90, and 90-95. | 10 | | Section 925. The Crematory Regulation Act is amended by | 11 | | changing Sections 5 and 35 as follows:
| 12 | | (410 ILCS 18/5)
| 13 | | (Text of Section before amendment by P.A. 96-863 )
| 14 | | (Section scheduled to be repealed on January 1, 2021) | 15 | | Sec. 5. Definitions. As used in this Act:
| 16 | | "Alternative container" means a receptacle, other than a | 17 | | casket, in
which human remains are transported to the crematory | 18 | | and placed in the
cremation chamber for cremation. An | 19 | | alternative container shall be
(i) composed of readily | 20 | | combustible materials suitable for cremation, (ii) able
to be | 21 | | closed in order to provide a complete covering for the human | 22 | | remains,
(iii) resistant to leakage or spillage, (iv) rigid | 23 | | enough for handling with
ease, and (v) able to provide | 24 | | protection for the health, safety, and personal
integrity of |
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| 1 | | crematory personnel.
| 2 | | "Authorizing agent" means a person legally entitled to | 3 | | order the cremation and final
disposition of specific human | 4 | | remains.
| 5 | | "Body parts" means limbs or other portions of the anatomy | 6 | | that are
removed from a person or human remains for medical | 7 | | purposes during treatment,
surgery, biopsy, autopsy, or | 8 | | medical research; or human bodies or any portion
of bodies that | 9 | | have been donated to science for medical research purposes.
| 10 | | "Burial transit permit" means a permit for disposition of a | 11 | | dead human
body as required by Illinois law.
| 12 | | "Casket" means a rigid container that is designed for the | 13 | | encasement of human
remains, is usually constructed of wood, | 14 | | metal, or like material and ornamented
and lined with fabric, | 15 | | and may or may not be combustible.
| 16 | | "Change of ownership" means a transfer of more than 50% of | 17 | | the stock or
assets of a crematory authority.
| 18 | | "Comptroller" means the Comptroller of the State of | 19 | | Illinois.
| 20 | | "Cremated remains" means all human remains recovered after | 21 | | the completion
of the cremation, which may possibly include the | 22 | | residue of any foreign matter
including casket material, | 23 | | bridgework, or eyeglasses, that was cremated with
the human | 24 | | remains.
| 25 | | "Cremation" means the technical process, using heat and | 26 | | flame, that
reduces human remains to bone fragments. The |
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| 1 | | reduction takes place through
heat and evaporation. Cremation | 2 | | shall include the processing, and may include
the | 3 | | pulverization, of the bone fragments.
| 4 | | "Cremation chamber" means the enclosed space within which | 5 | | the cremation
takes place.
| 6 | | "Cremation interment container" means a rigid outer | 7 | | container that,
subject to a cemetery's rules and regulations, | 8 | | is composed of concrete, steel,
fiberglass, or some similar | 9 | | material in which an urn is placed prior to being
interred in | 10 | | the ground, and which is designed to withstand prolonged | 11 | | exposure
to the elements and to support the earth above the | 12 | | urn.
| 13 | | "Cremation room" means the room in which the cremation | 14 | | chamber is located.
| 15 | | "Crematory" means the building or portion of a building | 16 | | that houses the
cremation room and the holding facility.
| 17 | | "Crematory authority" means the legal entity which is | 18 | | licensed by
the Comptroller to
operate a crematory and to | 19 | | perform cremations.
| 20 | | "Department" means the Illinois Department of Public | 21 | | Health.
| 22 | | "Final disposition" means the burial, cremation, or other | 23 | | disposition of
a dead human body or parts of a dead human body.
| 24 | | "Funeral director" means a person known by the title of | 25 | | "funeral
director", "funeral director and embalmer", or other | 26 | | similar words or
titles, licensed by the State to practice |
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| 1 | | funeral directing or funeral
directing and embalming.
| 2 | | "Funeral establishment" means a building or separate | 3 | | portion of a building
having a specific street address and | 4 | | location and devoted to activities
relating to the shelter, | 5 | | care, custody, and preparation of a deceased human
body and may | 6 | | contain facilities for funeral or wake services.
| 7 | | "Holding facility" means an area that (i) is designated for | 8 | | the retention of
human remains prior to cremation, (ii) | 9 | | complies with all applicable public
health law, (iii) preserves | 10 | | the health and safety of the crematory authority
personnel, and | 11 | | (iv) is secure from access by anyone other than authorized
| 12 | | persons. A holding facility may be located in a cremation room.
| 13 | | "Human remains" means the body of a deceased person, | 14 | | including
any form of body prosthesis that has been permanently | 15 | | attached or
implanted in the body.
| 16 | | "Niche" means a compartment or cubicle for the | 17 | | memorialization and permanent
placement of an urn containing | 18 | | cremated remains.
| 19 | | "Processing" means the reduction of identifiable bone | 20 | | fragments after the
completion of the cremation process to | 21 | | unidentifiable bone fragments by manual
or mechanical means.
| 22 | | "Pulverization" means the reduction of identifiable bone | 23 | | fragments after the
completion of the cremation process to | 24 | | granulated particles by manual or
mechanical means.
| 25 | | "Scattering area" means an area which may be designated by | 26 | | a cemetery and
located on dedicated cemetery property where |
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| 1 | | cremated remains, which have been
removed
from their container, | 2 | | can be mixed with, or placed on top of, the soil or
ground | 3 | | cover.
| 4 | | "Temporary container" means a receptacle for cremated
| 5 | | remains, usually composed of cardboard, plastic or similar | 6 | | material, that
can be closed in a manner that prevents the | 7 | | leakage or spillage of the
cremated remains or the entrance of | 8 | | foreign material, and is a single
container of sufficient size | 9 | | to hold the cremated remains until an urn is
acquired or the | 10 | | cremated remains are scattered.
| 11 | | "Urn" means a receptacle
designed to encase the cremated | 12 | | remains.
| 13 | | (Source: P.A. 92-675, eff. 7-1-03.)
| 14 | | (Text of Section after amendment by P.A. 96-863 )
| 15 | | (Section scheduled to be repealed on January 1, 2021) | 16 | | Sec. 5. Definitions. As used in this Act:
| 17 | | "Address of record" means the designated address recorded | 18 | | by the Department in the applicant's or licensee's application | 19 | | file or license file. It is the duty of the applicant or | 20 | | licensee to inform the Department of any change of address | 21 | | within 14 days, and such changes must be made either through | 22 | | the Department's website or by contacting the Department's | 23 | | licensure maintenance unit. The address of record shall be the | 24 | | permanent street address of the crematory. | 25 | | "Alternative container" means a receptacle, other than a |
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| 1 | | casket, in
which human remains are transported to the crematory | 2 | | and placed in the
cremation chamber for cremation. An | 3 | | alternative container shall be
(i) composed of readily | 4 | | combustible materials suitable for cremation, (ii) able
to be | 5 | | closed in order to provide a complete covering for the human | 6 | | remains,
(iii) resistant to leakage or spillage, (iv) rigid | 7 | | enough for handling with
ease, and (v) able to provide | 8 | | protection for the health, safety, and personal
integrity of | 9 | | crematory personnel.
| 10 | | "Authorizing agent" means a person legally entitled to | 11 | | order the cremation and final
disposition of specific human | 12 | | remains.
| 13 | | "Body parts" means limbs or other portions of the anatomy | 14 | | that are
removed from a person or human remains for medical | 15 | | purposes during treatment,
surgery, biopsy, autopsy, or | 16 | | medical research; or human bodies or any portion
of bodies that | 17 | | have been donated to science for medical research purposes.
| 18 | | "Burial transit permit" means a permit for disposition of a | 19 | | dead human
body as required by Illinois law.
| 20 | | "Casket" means a rigid container that is designed for the | 21 | | encasement of human
remains, is usually constructed of wood, | 22 | | metal, or like material and ornamented
and lined with fabric, | 23 | | and may or may not be combustible.
| 24 | | "Comptroller" means the Comptroller of the State of | 25 | | Illinois.
| 26 | | "Cremated remains" means all human remains recovered after |
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| 1 | | the completion
of the cremation, which may possibly include the | 2 | | residue of any foreign matter
including casket material, | 3 | | bridgework, or eyeglasses, that was cremated with
the human | 4 | | remains.
| 5 | | "Cremation" means the technical process, using heat and | 6 | | flame, that
reduces human remains to bone fragments. The | 7 | | reduction takes place through
heat and evaporation. Cremation | 8 | | shall include the processing, and may include
the | 9 | | pulverization, of the bone fragments.
| 10 | | "Cremation chamber" means the enclosed space within which | 11 | | the cremation
takes place.
| 12 | | "Cremation interment container" means a rigid outer | 13 | | container that,
subject to a cemetery's rules and regulations, | 14 | | is composed of concrete, steel,
fiberglass, or some similar | 15 | | material in which an urn is placed prior to being
interred in | 16 | | the ground, and which is designed to withstand prolonged | 17 | | exposure
to the elements and to support the earth above the | 18 | | urn.
| 19 | | "Cremation room" means the room in which the cremation | 20 | | chamber is located.
| 21 | | "Crematory" means the building or portion of a building | 22 | | that houses the
cremation room and the holding facility.
| 23 | | "Crematory authority" means the legal entity which is | 24 | | licensed by
the Department to
operate a crematory and to | 25 | | perform cremations.
| 26 | | "Department" means the Illinois Department of Financial |
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| 1 | | and Professional Regulation.
| 2 | | "Final disposition" means the burial, cremation, or other | 3 | | disposition of
a dead human body or parts of a dead human body.
| 4 | | "Funeral director" means a person known by the title of | 5 | | "funeral
director", "funeral director and embalmer", or other | 6 | | similar words or
titles, licensed by the State to practice | 7 | | funeral directing or funeral
directing and embalming.
| 8 | | "Funeral establishment" means a building or separate | 9 | | portion of a building
having a specific street address and | 10 | | location and devoted to activities
relating to the shelter, | 11 | | care, custody, and preparation of a deceased human
body and may | 12 | | contain facilities for funeral or wake services.
| 13 | | "Holding facility" means an area that (i) is designated for | 14 | | the retention of
human remains prior to cremation, (ii) | 15 | | complies with all applicable public
health law, (iii) preserves | 16 | | the health and safety of the crematory authority
personnel, and | 17 | | (iv) is secure from access by anyone other than authorized
| 18 | | persons. A holding facility may be located in a cremation room.
| 19 | | "Human remains" means the body of a deceased person, | 20 | | including
any form of body prosthesis that has been permanently | 21 | | attached or
implanted in the body.
| 22 | | "Licensee" means an entity licensed under this Act. An | 23 | | entity that holds itself as a licensee or that is accused of | 24 | | unlicensed practice is considered a licensee for purposes of | 25 | | enforcement, investigation, hearings, and the Illinois | 26 | | Administrative Procedure Act. |
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| 1 | | "Niche" means a compartment or cubicle for the | 2 | | memorialization and permanent
placement of an urn containing | 3 | | cremated remains.
| 4 | | "Person" means any person, partnership, association, | 5 | | corporation, limited liability company, or other entity, and in | 6 | | the case of any such business organization, its officers, | 7 | | partners, members, or shareholders possessing 25% or more of | 8 | | ownership of the entity. | 9 | | "Processing" means the reduction of identifiable bone | 10 | | fragments after the
completion of the cremation process to | 11 | | unidentifiable bone fragments by manual
or mechanical means.
| 12 | | "Pulverization" means the reduction of identifiable bone | 13 | | fragments after the
completion of the cremation process to | 14 | | granulated particles by manual or
mechanical means.
| 15 | | "Scattering area" means an area which may be designated by | 16 | | a cemetery and
located on dedicated cemetery property where | 17 | | cremated remains, which have been
removed
from their container, | 18 | | can be mixed with, or placed on top of, the soil or
ground | 19 | | cover.
| 20 | | "Secretary" means the Secretary of Financial and | 21 | | Professional Regulation. | 22 | | "Temporary container" means a receptacle for cremated
| 23 | | remains, usually composed of cardboard, plastic or similar | 24 | | material, that
can be closed in a manner that prevents the | 25 | | leakage or spillage of the
cremated remains or the entrance of | 26 | | foreign material, and is a single
container of sufficient size |
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| 1 | | to hold the cremated remains until an urn is
acquired or the | 2 | | cremated remains are scattered.
| 3 | | "Urn" means a receptacle
designed to encase the cremated | 4 | | remains.
| 5 | | (Source: P.A. 96-863, eff. 3-1-12.)
| 6 | | (410 ILCS 18/35)
| 7 | | (Section scheduled to be repealed on January 1, 2021)
| 8 | | Sec. 35. Cremation procedures.
| 9 | | (a) Human remains shall not be cremated within 24
hours | 10 | | after the time of death, as indicated on the Medical
| 11 | | Examiner's/Coroner's Certificate of Death. In any death, the | 12 | | human remains
shall not be cremated by the crematory authority | 13 | | until a cremation permit has
been received from the coroner or | 14 | | medical examiner of the county in which the
death occurred and | 15 | | the crematory authority has received a cremation
authorization | 16 | | form, executed by an authorizing agent, in accordance with the
| 17 | | provisions of Section 15 of this Act. In no instance, however, | 18 | | shall the lapse
of time between the death and the cremation be | 19 | | less than 24 hours, unless (i)
it is known the deceased has an | 20 | | infectious or dangerous disease and that the
time requirement | 21 | | is waived in writing by the medical examiner or coroner where
| 22 | | the death occurred or (ii) because of a religious requirement.
| 23 | | (b) Except as set forth in subsection (a) of this Section,
| 24 | | a crematory authority shall have the right to schedule the | 25 | | actual cremation
to be performed at its own convenience, at any |
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| 1 | | time after the human remains
have been delivered to the | 2 | | crematory authority, unless the crematory
authority has | 3 | | received specific instructions to the contrary on the
cremation | 4 | | authorization form.
| 5 | | (c) No crematory authority shall cremate human remains when | 6 | | it has actual
knowledge that human remains contain a pacemaker | 7 | | or any other material or
implant that may be potentially | 8 | | hazardous to the person performing the
cremation.
| 9 | | (d) No crematory authority shall refuse to accept human | 10 | | remains for
cremation because such human remains are not | 11 | | embalmed.
| 12 | | (e) Whenever a crematory authority is unable or | 13 | | unauthorized to cremate
human remains immediately upon taking | 14 | | custody of the remains, the crematory
authority shall place the | 15 | | human remains in a holding facility in accordance
with the | 16 | | crematory authority's rules and regulations.
The crematory | 17 | | authority must notify the authorizing agent of the reasons for
| 18 | | delay in
cremation if a properly authorized cremation is not | 19 | | performed within any time
period expressly
contemplated in the | 20 | | authorization.
| 21 | | (f) A crematory authority shall not accept a casket or
| 22 | | alternative container from which there is any evidence of the | 23 | | leakage of
body fluids.
| 24 | | (g) The casket or the alternative container shall be | 25 | | cremated with
the human remains or destroyed, unless the | 26 | | crematory authority has notified the
authorizing agent to the |
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| 1 | | contrary on the cremation authorization form and
obtained the | 2 | | written consent of the authorizing agent.
| 3 | | (h) The simultaneous cremation of the human remains of more | 4 | | than one person
within the same cremation chamber, without the | 5 | | prior written consent of the
authorizing agent, is prohibited | 6 | | except for common cremation pursuant to Section 11.4 of the | 7 | | Hospital Licensing Act. Nothing in this subsection, however, | 8 | | shall
prevent the simultaneous cremation within the same | 9 | | cremation chamber of body
parts delivered to the crematory | 10 | | authority from multiple sources, or the use of
cremation | 11 | | equipment that contains more than one cremation chamber.
| 12 | | (i) No unauthorized person shall be permitted in the | 13 | | holding facility or
cremation room while any human remains are | 14 | | being held there awaiting
cremation, being cremated, or being | 15 | | removed from the cremation chamber.
| 16 | | (j) A crematory authority shall not remove any dental gold, | 17 | | body parts,
organs, or any item of value prior to or subsequent | 18 | | to a cremation without
previously having received specific | 19 | | written authorization from the
authorizing agent and written | 20 | | instructions for the delivery of these items
to the authorizing | 21 | | agent. Under no circumstances shall a crematory authority
| 22 | | profit from making or assisting in any removal of valuables.
| 23 | | (k) Upon the completion of each cremation, and insofar as | 24 | | is practicable,
all of the recoverable residue of the cremation | 25 | | process shall be removed from
the cremation chamber.
| 26 | | (l) If all of the recovered cremated remains will
not fit |
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| 1 | | within the receptacle that has been selected, the remainder of | 2 | | the
cremated remains shall be returned to the authorizing agent | 3 | | or the agent's
designee in a separate container. The crematory | 4 | | authority shall not return
to an authorizing agent or the | 5 | | agent's designee more or less cremated
remains than were | 6 | | removed from the cremation chamber.
| 7 | | (m) A crematory authority shall not knowingly represent to | 8 | | an
authorizing agent or the agent's designee that a temporary | 9 | | container or
urn contains the cremated remains of a specific | 10 | | decedent when it does not.
| 11 | | (n) Cremated remains shall be shipped only by a method that | 12 | | has an internal
tracing system available and that provides a | 13 | | receipt signed by the person
accepting delivery.
| 14 | | (o) A crematory authority shall maintain an identification | 15 | | system that shall
ensure that it shall be able to identify the | 16 | | human remains in its possession
throughout all phases of the | 17 | | cremation process.
| 18 | | (p) The cremation authorization form shall also contain the | 19 | | following statement in 12-point, bold font and be initialed by | 20 | | the authorizing agent: | 21 | | "IT IS ILLEGAL TO ABANDON CREMATED REMAINS IN A
CEMETERY OR ON | 22 | | PRIVATE PROPERTY WITHOUT THE
CONSENT OF THE PROPERTY OWNER. YOU | 23 | | CAN BE CHARGED
WITH A MISDEMEANOR IF THE CREMATED REMAINS OF | 24 | | YOUR
LOVED ONE ARE ABANDONED IN ANY PLACE WHERE YOU HAVE
NOT | 25 | | BEEN GRANTED PERMISSION TO DISPOSE OF THEM. |
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| 1 | | INITIALS". | 2 | | (Source: P.A. 96-338, eff. 1-1-10 .)
| 3 | | (410 ILCS 18/7 rep.) | 4 | | (410 ILCS 18/10 rep.) | 5 | | (410 ILCS 18/11 rep.) | 6 | | (410 ILCS 18/11.5 rep.) | 7 | | (410 ILCS 18/12 rep.) | 8 | | (410 ILCS 18/13 rep.) | 9 | | (410 ILCS 18/20 rep.) | 10 | | (410 ILCS 18/22 rep.) | 11 | | (410 ILCS 18/25 rep.) | 12 | | (410 ILCS 18/40 rep.) | 13 | | (410 ILCS 18/55 rep.) | 14 | | (410 ILCS 18/60 rep.) | 15 | | (410 ILCS 18/62 rep.) | 16 | | (410 ILCS 18/62.5 rep.) | 17 | | (410 ILCS 18/62.10 rep.) | 18 | | (410 ILCS 18/62.15 rep.) | 19 | | (410 ILCS 18/62.20 rep.) | 20 | | (410 ILCS 18/65 rep.) | 21 | | (410 ILCS 18/80 rep.) | 22 | | (410 ILCS 18/85 rep.) | 23 | | (410 ILCS 18/87 rep.) | 24 | | (410 ILCS 18/88 rep.) | 25 | | (410 ILCS 18/89 rep.) |
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| 1 | | (410 ILCS 18/90 rep.) | 2 | | (410 ILCS 18/91 rep.) | 3 | | (410 ILCS 18/92 rep.) | 4 | | (410 ILCS 18/93 rep.) | 5 | | (410 ILCS 18/94 rep.) | 6 | | (410 ILCS 18/95 rep.) | 7 | | Section 927. The Crematory Regulation Act is amended by | 8 | | repealing Sections 7, 10, 11, 11.5, 12, 13, 20, 22, 25, 40, 55, | 9 | | 60, 62, 62.5, 62.10, 62.15, 62.20, 65, 80, 85, 87, 88, 89, 90, | 10 | | 91, 92, 93, 94, and 95. | 11 | | Section 930. The Vital Records Act is amended by changing | 12 | | Section 21 as follows:
| 13 | | (410 ILCS 535/21) (from Ch. 111 1/2, par. 73-21)
| 14 | | Sec. 21.
(1) The funeral director or person acting as such | 15 | | who first
assumes custody of a dead body or fetus shall make a | 16 | | written report to the
registrar of the district in which death | 17 | | occurred or in which the body or
fetus was found within 24 | 18 | | hours after taking custody of the body or fetus
on a form | 19 | | prescribed and furnished by the State Registrar and in | 20 | | accordance
with the rules promulgated by the State Registrar. | 21 | | Except as specified in
paragraph (2) of this Section, the | 22 | | written report shall serve as a permit
to transport, bury or | 23 | | entomb the body or fetus within this State, provided
that the | 24 | | funeral director or person acting as such shall certify that |
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| 1 | | the
physician in charge of the patient's care for the illness | 2 | | or condition
which resulted in death has been contacted and has | 3 | | affirmatively stated
that he will sign the medical certificate | 4 | | of death or the fetal death
certificate. If a funeral director
| 5 | | fails to file written
reports under this Section in a timely | 6 | | manner, the local registrar
may suspend the funeral director's | 7 | | privilege of filing written
reports by mail.
In a county with a | 8 | | population greater than 3,000,000, if a funeral director
or | 9 | | person acting as such inters or entombs a dead body
without | 10 | | having previously certified that the physician in charge of the
| 11 | | patient's care for the illness or condition that resulted in | 12 | | death has been
contacted and has affirmatively stated that he | 13 | | or she will sign the medical
certificate of death,
then that | 14 | | funeral
director or person acting as such
is responsible for | 15 | | payment of the specific costs incurred by the county
medical | 16 | | examiner in
disinterring and reinterring or reentombing
the | 17 | | dead body.
| 18 | | (2) The written report as specified in paragraph (1) of | 19 | | this Section shall
not serve as a permit to:
| 20 | | (a) Remove body or fetus from this State;
| 21 | | (b) Cremate the body or fetus; or
| 22 | | (c) Make disposal of any body or fetus in any manner | 23 | | when death is subject
to the coroner's or medical | 24 | | examiner's investigation.
| 25 | | (3) In accordance with the provisions of paragraph (2) of | 26 | | this Section
the funeral director or person acting as such who |
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| 1 | | first assumes custody
of a dead body or fetus shall obtain a | 2 | | permit for disposition of such
dead human body prior to final | 3 | | disposition or removal from the State of the
body or fetus. | 4 | | Such permit shall be issued by the registrar of the
district | 5 | | where death occurred or the body or fetus was found. No such
| 6 | | permit shall be issued until a properly completed certificate | 7 | | of death has
been filed with the registrar. The registrar shall | 8 | | insure the issuance of
a permit for disposition within an | 9 | | expedited period of time to accommodate
Sunday or holiday | 10 | | burials of decedents whose time of death and religious
tenets | 11 | | or beliefs necessitate Sunday or holiday burials.
| 12 | | (4) A permit that accompanies a dead body, fetus, or
| 13 | | cremated remains brought into this State shall be
authority for | 14 | | final disposition of the body, fetus, or
cremated remains in | 15 | | this State, except in municipalities
where local ordinance | 16 | | requires the issuance of a local
permit prior to disposition. | 17 | | If there is no permit for
cremated remains brought into this | 18 | | State by a family
member, a funeral director, an officer,
or | 19 | | manager of a cemetery authority may hand write or
print the | 20 | | permit or use the certificate of cremation as
the permit A | 21 | | permit which accompanies a dead body or fetus brought into this
| 22 | | State shall be authority for final disposition of the body or | 23 | | fetus in this
State, except in municipalities where local | 24 | | ordinance requires the issuance
of a local permit prior to | 25 | | disposition .
| 26 | | (5) A permit for disposition of a dead human body shall be |
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| 1 | | required
prior to disinterment of a dead body or fetus, and | 2 | | when the disinterred
body is to be shipped by a common carrier. | 3 | | Such permit shall be issued to
a licensed funeral director or | 4 | | person acting as such, upon proper
application, by the local | 5 | | registrar of the district in which disinterment
is to be made. | 6 | | In the case of disinterment, proper application shall
include a | 7 | | statement providing the name and address of any surviving | 8 | | spouse
of the deceased, or, if none, any surviving children of | 9 | | the deceased, or if
no surviving spouse or children, a parent, | 10 | | brother, or sister of the
deceased. The
application shall | 11 | | indicate whether the applicant is one of these parties
and, if | 12 | | so, whether the applicant is a surviving spouse or a surviving
| 13 | | child. Prior to the issuance of a permit for disinterment, the
| 14 | | local registrar shall, by certified mail, notify the surviving | 15 | | spouse,
unless he or she is the applicant, or if there is no | 16 | | surviving spouse, all
surviving children except for the | 17 | | applicant, of the application for the
permit. The person or | 18 | | persons notified shall have 30 days from the mailing
of the | 19 | | notice to object by obtaining an injunction enjoining the | 20 | | issuance
of the permit. After the 30-day period has expired, | 21 | | the local registrar
shall issue the permit unless he or she has | 22 | | been enjoined from doing so or
there are other statutory | 23 | | grounds for refusal. The notice to the spouse or
surviving | 24 | | children shall inform the person or persons being notified of | 25 | | the
right to seek an injunction within 30 days. Notwithstanding | 26 | | any other
provision of this subsection (5), a court may order |
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| 1 | | issuance of a permit
for disinterment without notice or prior | 2 | | to the expiration of the 30-day
period where the petition is | 3 | | made by an agency of any governmental unit and
good cause is | 4 | | shown for disinterment without notice or for the early order.
| 5 | | Nothing in this subsection (5) limits the authority of the City | 6 | | of Chicago to
acquire property or otherwise exercise its powers | 7 | | under the O'Hare
Modernization Act or requires that City,
or
| 8 | | any person acting on behalf of that City, to obtain a permit | 9 | | under this
subsection (5) when exercising powers under the | 10 | | O'Hare Modernization Act.
| 11 | | (Source: P.A. 93-450, eff. 8-6-03.)
| 12 | | Section 995. No acceleration or delay. Where this Act makes | 13 | | changes in a statute that is represented in this Act by text | 14 | | that is not yet or no longer in effect (for example, a Section | 15 | | represented by multiple versions), the use of that text does | 16 | | not accelerate or delay the taking effect of (i) the changes | 17 | | made by this Act or (ii) provisions derived from any other | 18 | | Public Act. | 19 | | Section 997. Severability. The provisions of this Act | 20 | | (including both new and amendatory provisions) are severable | 21 | | under Section 1.31 of the Statute on Statutes.
| 22 | | Section 999. Effective date. This Act takes effect upon | 23 | | becoming law.".
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