Illinois General Assembly - Full Text of HB2777
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Full Text of HB2777  102nd General Assembly

HB2777ham001 102ND GENERAL ASSEMBLY

Rep. Kelly M. Burke

Filed: 4/1/2021

 

 


 

 


 
10200HB2777ham001LRB102 12074 SPS 24567 a

1
AMENDMENT TO HOUSE BILL 2777

2    AMENDMENT NO. ______. Amend House Bill 2777 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.32 and by adding Section 4.41 as follows:
 
6    (5 ILCS 80/4.32)
7    Sec. 4.32. Acts repealed on January 1, 2022. The following
8Acts are repealed on January 1, 2022:
9    The Boxing and Full-contact Martial Arts Act.
10    The Cemetery Oversight Act.
11    The Collateral Recovery Act.
12    The Community Association Manager Licensing and
13Disciplinary Act.
14    The Crematory Regulation Act.
15    The Detection of Deception Examiners Act.
16    The Home Inspector License Act.

 

 

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1    The Illinois Health Information Exchange and Technology
2Act.
3    The Medical Practice Act of 1987.
4    The Registered Interior Designers Act.
5    The Massage Licensing Act.
6    The Petroleum Equipment Contractors Licensing Act.
7    The Radiation Protection Act of 1990.
8    The Real Estate Appraiser Licensing Act of 2002.
9    The Water Well and Pump Installation Contractor's License
10Act.
11(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
12101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
 
13    (5 ILCS 80/4.41 new)
14    Sec. 4.41. Act repealed on January 1, 2032. The following
15Act is repealed on January 1, 2032:
16    The Cemetery Oversight Act.
 
17    Section 10. The Department of Professional Regulation Law
18of the Civil Administrative Code of Illinois is amended by
19changing Sections 2105-35 and 2105-120 as follows:
 
20    (20 ILCS 2105/2105-35)
21    Sec. 2105-35. Prohibited uses of roster of information.
22Notwithstanding any other provision of law to the contrary,
23any roster of information including, but not limited to, the

 

 

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1licensee's name, address, and profession, shall not be used by
2a third party for the purpose of marketing goods or services
3not related to the licensee's profession. Rosters provided by
4the Department shall comply with the requirements set forth
5under the Freedom of Information Act.
6(Source: P.A. 96-978, eff. 7-2-10.)
 
7    (20 ILCS 2105/2105-120)  (was 20 ILCS 2105/60g)
8    Sec. 2105-120. Board's report; licensee's or applicant's
9motion for rehearing.
10    (a) The board shall present to the Secretary Director its
11written report of its findings and recommendations. A copy of
12the report shall be served upon the licensee or applicant,
13either personally or by mail or email as provided in Section
142105-100 for the service of the notice. The Secretary may
15issue an order that deviates from the board's report and is not
16required to provide the board with an explanation of the
17deviation.
18    (b) Within 20 days after the service required under
19subsection (a), the licensee or applicant may present to the
20Department a motion in writing for a rehearing. The written
21motion shall specify the particular grounds for a rehearing.
22If the licensee or applicant orders and pays for a transcript
23of the record as provided in Section 2105-115, the time
24elapsing thereafter and before the transcript is ready for
25delivery to the licensee or applicant shall not be counted as

 

 

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1part of the 20 days.
2(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
 
3    Section 15. The Cemetery Oversight Act is amended by
4changing Sections 5-15, 5-20, 5-25, 10-20, 10-21, 10-25,
510-40, 10-55, 20-10, 25-3, 25-5, 25-10, 25-15, 25-25, 25-30,
625-35, 25-90, 25-95, 25-105, 25-115, 25-125, 35-5, 35-15, and
775-45 and by adding Sections 5-16, 5-26, 25-26, and 25-126 as
8follows:
 
9    (225 ILCS 411/5-15)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 5-15. Definitions. In this Act:
12    "Address of record" means the designated address recorded
13by the Department in the applicant's or licensee's application
14file or license file. It is the duty of the applicant or
15licensee to inform the Department of any change of address
16within 14 days either through the Department's website or by
17contacting the Department's licensure maintenance unit. The
18address of record for a cemetery authority shall be the
19permanent street address of the cemetery.
20    "Applicant" means a person applying for licensure under
21this Act as a cemetery authority, cemetery manager, or
22customer service employee. Any applicant or any person who
23holds himself or herself out as an applicant is considered a
24licensee for purposes of enforcement, investigation, hearings,

 

 

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1and the Illinois Administrative Procedure Act.
2    "Burial permit" means a permit provided by a licensed
3funeral director for the disposition of a dead human body.
4    "Care" means the maintenance of a cemetery and of the
5lots, graves, crypts, niches, family mausoleums, memorials,
6and markers therein, including: (i) the cutting and trimming
7of lawn, shrubs, and trees at reasonable intervals; (ii)
8keeping in repair the drains, water lines, roads, buildings,
9fences, and other structures, in keeping with a
10well-maintained cemetery as provided for in Section 20-5 of
11this Act and otherwise as required by rule; (iii) maintenance
12of machinery, tools, and equipment for such care; (iv)
13compensation of cemetery workers, any discretionary payment of
14insurance premiums, and any reasonable payments for workers'
15pension and other benefits plans; and (v) the payment of
16expenses necessary for such purposes and for maintaining
17necessary records of lot ownership, transfers, and burials.
18    "Cemetery" means any land or structure in this State
19dedicated to and used, or intended to be used, for the
20interment, inurnment, or entombment of human remains.
21    "Cemetery authority" means any individual or legal entity
22that owns or controls cemetery lands or property.
23    "Cemetery manager" means an individual directly
24responsible or holding himself or herself directly responsible
25for the operation, maintenance, development, or improvement of
26a cemetery that is or shall be licensed under this Act or shall

 

 

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1be licensed pursuant to Section 10-39 of this Act,
2irrespective of whether the individual is paid by the licensed
3cemetery authority or a third party. This definition does not
4include a volunteer who receives no compensation, either
5directly or indirectly, for his or her work as a cemetery
6manager.
7    "Cemetery merchandise" means items of personal property
8normally sold by a cemetery authority not covered under the
9Illinois Funeral or Burial Funds Act, including, but not
10limited to: (1) memorials, (2) markers, (3) monuments, (4)
11foundations and installations, and (5) outer burial
12containers.
13    "Cemetery operation" means to engage in any or all of the
14following, whether on behalf of, or in the absence of, a
15cemetery authority: (i) the interment, entombment, or
16inurnment of human remains, (ii) the sale of interment,
17entombment, or inurnment rights, cemetery merchandise, or
18cemetery services, (iii) the maintenance of interment rights
19ownership records, (iv) the maintenance of or reporting of
20interment, entombment, or inurnment records, (v) the
21maintenance of cemetery property, (vi) the development or
22improvement of cemetery grounds, or (vii) the maintenance and
23execution of business documents, including State and federal
24government reporting and the payment of taxes, for a cemetery
25business entity.
26    "Cemetery Oversight Database" means a database certified

 

 

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1by the Department as effective in tracking the interment,
2entombment, or inurnment of human remains.
3    "Cemetery services" means those services customarily
4performed by cemetery personnel in connection with the
5interment, entombment, or inurnment of a dead human body.
6    "Certificate of organization" means the document received
7by a cemetery association from the Secretary of State that
8indicates that the cemetery association shall be deemed fully
9organized as a body corporate under the name adopted and in its
10corporate name may sue and be sued.
11    "Comptroller" means the Comptroller of the State of
12Illinois.
13    "Confidential information" means unique identifiers,
14including a person's Social Security number, home address,
15home phone number, personal phone number, personal email
16address, personal financial information, and any other
17information protected by law.
18    "Consumer" means an individual who purchases or who is
19considering purchasing cemetery, burial, or cremation products
20or services from a cemetery authority, whether for themselves
21or for another person.
22    "Customer service employee" means an individual who has
23direct contact with consumers to explain cemetery merchandise,
24services, and interment rights and to execute the sale of
25those items to consumers, whether at the cemetery or an
26off-site location, irrespective of whether compensation is

 

 

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1paid by the cemetery authority or a third party. This
2definition does not include a volunteer who receives no
3compensation, either directly or indirectly, for his or her
4work as a customer service employee.
5    "Department" means the Department of Financial and
6Professional Regulation.
7    "Email address of record" means the designated email
8address recorded by the Department in the applicant's
9application file or the licensee's license file as maintained
10by the Department's licensure maintenance unit.
11    "Employee" means an individual who works for a cemetery
12authority where the cemetery authority has the right to
13control what work is performed and the details of how the work
14is performed regardless of whether federal or State payroll
15taxes are withheld.
16    "Entombment right" means the right to place individual
17human remains or individual cremated human remains in a
18specific mausoleum crypt or lawn crypt selected by a consumer
19for use as a final resting place.
20    "Family burying ground" means a cemetery in which no lots,
21crypts, or niches are sold to the public and in which
22interments, inurnments, and entombments are restricted to the
23immediate family or a group of individuals related to each
24other by blood or marriage.
25    "Full exemption" means an exemption granted to a cemetery
26authority pursuant to subsection (a) of Section 5-20.

 

 

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1    "Funeral director" means a funeral director as defined by
2the Funeral Directors and Embalmers Licensing Code.
3    "Grave" means a space of ground in a cemetery used or
4intended to be used for burial.
5    "Green burial or cremation disposition" means burial or
6cremation practices that reduce the greenhouse gas emissions,
7waste, and toxic chemicals ordinarily created in burial or
8cremation or, in the case of greenhouse gas emissions,
9mitigate or offset emissions. Such practices include any
10standards or method for burial or cremation that the
11Department may name by rule.
12    "Immediate family" means the designated agent of a person
13or the persons given priority for the disposition of a
14person's remains under the Disposition of Remains Act and
15shall include a person's spouse, parents, grandparents,
16children, grandchildren and siblings.
17    "Individual" means a natural person.
18    "Interment right" means the right to place individual
19human remains or cremated human remains in a specific
20underground location selected by a consumer for use as a final
21resting place.
22    "Inurnment right" means the right to place individual
23cremated human remains in a specific niche selected by the
24consumer for use as a final resting place.
25    "Lawn crypt" means a permanent underground crypt installed
26in multiple units for the entombment of human remains.

 

 

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1    "Licensee" means a person licensed under this Act as a
2cemetery authority, cemetery manager, or customer service
3employee. Anyone who holds himself or herself out as a
4licensee or who is accused of unlicensed practice is
5considered a licensee for purposes of enforcement,
6investigation, hearings, and the Illinois Administrative
7Procedure Act.
8    "Mausoleum crypt" means a grouping of spaces constructed
9of reinforced concrete or similar material constructed or
10assembled above the ground for entombing remains.
11    "Niche" means a space in a columbarium or mausoleum used,
12or intended to be used, for inurnment of cremated human
13remains.
14    "Partial exemption" means an exemption granted to a
15cemetery authority pursuant to subsection (b) of Section 5-20.
16    "Parcel identification number" means a unique number
17assigned by the Cemetery Oversight Database to a grave, plot,
18crypt, or niche that enables the Department to ascertain the
19precise location of a decedent's remains interred, entombed,
20or inurned after the effective date of this Act.
21    "Person" means any individual, firm, partnership,
22association, corporation, limited liability company, trustee,
23government or political subdivision, or other entity.
24    "Public cemetery" means a cemetery owned, operated,
25controlled, or managed by the federal government, by any
26state, county, city, village, incorporated town, township,

 

 

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1multi-township, public cemetery district, or other municipal
2corporation, political subdivision, or instrumentality thereof
3authorized by law to own, operate, or manage a cemetery.
4    "Religious burying ground" means a cemetery in which no
5lots, crypts, or niches are sold and in which interments,
6inurnments, and entombments are restricted to a group of
7individuals all belonging to a religious order or granted
8burial rights by special consideration of the religious order.
9    "Religious cemetery" means a cemetery owned, operated,
10controlled, and managed by any recognized church, religious
11society, association, or denomination, or by any cemetery
12authority or any corporation administering, or through which
13is administered, the temporalities of any recognized church,
14religious society, association, or denomination.
15    "Secretary" means the Secretary of Financial and
16Professional Regulation or a person authorized by the
17Secretary to act in the Secretary's stead.
18    "Term burial" means a right of interment sold to a
19consumer in which the cemetery authority retains the right to
20disinter and relocate the remains, subject to the provisions
21of subsection (d) of Section 35-15 of this Act.
22    "Trustee" means any person authorized to hold funds under
23this Act.
24    "Unique personal identifier" means the parcel
25identification number in addition to the term of burial in
26years; the numbered level or depth in the grave, plot, crypt,

 

 

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1or niche; and the year of death for human remains interred,
2entombed, or inurned after the effective date of this Act. The
3unique personal identifier is assigned by the Cemetery
4Oversight Database.
5(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
6    (225 ILCS 411/5-16 new)
7    Sec. 5-16. Address of record; email address of record. All
8applicants and licensees shall:
9        (1) provide a valid address and email address to the
10    Department, which shall serve as the address of record and
11    email address of record, respectively, at the time of
12    application for licensure or renewal of a license; and
13        (2) inform the Department of any change of address of
14    record or email address of record within 14 days after
15    such change either through the Department's website or by
16    contacting the Department's licensure maintenance unit.
 
17    (225 ILCS 411/5-20)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 5-20. Exemptions.
20    (a) Full exemption. Except as provided in this subsection,
21this Act does not apply to (1) any cemetery authority
22operating as a family burying ground or religious burying
23ground, (2) any cemetery authority that has not engaged in an
24interment, inurnment, or entombment of human remains within

 

 

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1the last 10 years, or (3) any cemetery authority that is less
2than 3 acres. For purposes of determining the applicability of
3this subsection, the number of interments, inurnments, and
4entombments shall be aggregated for each calendar year. A
5cemetery authority claiming a full exemption shall apply for
6exempt status as provided for in Section 10-20 of this Act. A
7cemetery authority claiming a full exemption shall be subject
8to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery
9authority that performs activities that would disqualify it
10from a full exemption is required to apply for licensure
11within one year following the date on which its activities
12would disqualify it for a full exemption. A cemetery authority
13that previously qualified for and maintained a full exemption
14that fails to timely apply for licensure shall be deemed to
15have engaged in unlicensed practice and shall be subject to
16discipline in accordance with Article 25 of this Act.
17    (b) Partial exemption. If a cemetery authority does not
18qualify for a full exemption and (1) engages in 25 or fewer
19interments, inurnments, or entombments of human remains for
20each of the preceding 2 calendar years, (2) operates as a
21public cemetery, or (3) operates as a religious cemetery, then
22the cemetery authority is partially exempt from this Act but
23shall be required to comply with Sections 10-23, 10-40, 10-55,
2410-60, subsections (a), (b), (b-5), (c), (d), (f), (g), and
25(h) of Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30,
2620-35, 20-40, 25-3, and 25-120, and Article 35 of this Act.

 

 

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1Cemetery authorities claiming a partial exemption shall apply
2for the partial exemption as provided in Section 10-20 of this
3Act. A cemetery authority that changes to a status that would
4disqualify it from a partial exemption is required to apply
5for licensure within one year following the date on which it
6changes its status. A cemetery authority that maintains a
7partial exemption that fails to timely apply for licensure
8shall be deemed to have engaged in unlicensed practice and
9shall be subject to discipline in accordance with Article 25
10of this Act.
11    (c) Nothing in this Act applies to the City of Chicago in
12its exercise of its powers under the O'Hare Modernization Act
13or limits the authority of the City of Chicago to acquire
14property or otherwise exercise its powers under the O'Hare
15Modernization Act, or requires the City of Chicago, or any
16person acting on behalf of the City of Chicago, to comply with
17the licensing, regulation, or investigation, or mediation
18requirements of this Act in exercising its powers under the
19O'Hare Modernization Act.
20    (d) A cemetery authority granted an exemption under this
21Section is prohibited from employing a cemetery manager or
22customer service employee actively licensed under this Act
23unless that license is placed on inactive status within 30
24days of employment with a cemetery authority granted an
25exemption under this Section. A cemetery manager or customer
26service employee licensed under this Act who fails to comply

 

 

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1with this subsection shall have the manager's or employee's
2license summarily suspended by the Department without hearing.
3The license may not be restored pursuant to Section 25-90 of
4this Act until the manager's or employee's employment has
5ended with a cemetery authority granted an exemption under
6this Section and the manager's or employee's employment has
7commenced with a cemetery licensed under this Act.
8(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
9    (225 ILCS 411/5-25)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 5-25. Powers and duties of the Department. The
12Department shall, subject Subject to the provisions of this
13Act, the Department may exercise the following functions,
14powers, and duties:
15        (1) Authorize certification programs to ascertain the
16    qualifications and fitness of applicants for licensing as
17    a licensed cemetery manager or as a customer service
18    employee to ascertain whether they possess the requisite
19    level of knowledge for such position.
20        (2) Examine a licensed cemetery authority's records
21    from any year or any other aspects of cemetery operation
22    as the Department deems appropriate.
23        (3) Investigate any and all cemetery operations.
24        (4) Conduct hearings on proceedings to refuse to
25    issue, or renew, or restore licenses or to revoke,

 

 

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1    suspend, place on probation, or reprimand, or otherwise
2    discipline a licensee license under this Act or take other
3    non-disciplinary action.
4        (5) Adopt reasonable rules required for the
5    administration of this Act.
6        (6) Prescribe forms to be issued for the
7    administration and enforcement of this Act.
8        (7) (Blank). Maintain rosters of the names and
9    addresses of all licensees and all persons whose licenses
10    have been suspended, revoked, denied renewal, or otherwise
11    disciplined within the previous calendar year. These
12    rosters shall be available upon written request and
13    payment of the required fee as established by rule.
14        (8) Work with the Office of the Comptroller and the
15    Department of Public Health, Division of Vital Records to
16    exchange information and request additional information
17    relating to a licensed cemetery authority.
18        (9) Investigate cemetery contracts, grounds, or
19    employee records.
20        (10) Issue licenses to those who meet the requirements
21    of this Act.
22        (11) Conduct investigations related to possible
23    violations of this Act.
24    If the Department exercises its authority to conduct
25investigations under this Section, the Department shall
26provide the cemetery authority with information sufficient to

 

 

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1challenge the allegation. If the complainant consents, then
2the Department shall provide the cemetery authority with the
3identity of and contact information for the complainant so as
4to allow the cemetery authority and the complainant to resolve
5the complaint directly. Except as otherwise provided in this
6Act, any complaint received by the Department and any
7information collected to investigate the complaint shall be
8maintained by the Department for the confidential use of the
9Department and shall not be disclosed. The Department may not
10disclose the information to anyone other than law enforcement
11officials or other regulatory agencies or persons that have an
12appropriate regulatory interest, as determined by the
13Secretary, or to a party presenting a lawful subpoena to the
14Department. Information and documents disclosed to a federal,
15state, county, or local law enforcement agency shall not be
16disclosed by the agency for any purpose to any other agency or
17person. A formal complaint filed against a licensee by the
18Department or any order issued by the Department against a
19licensee or applicant shall be a public record, except as
20otherwise prohibited by law.
21(Source: P.A. 99-78, eff. 7-20-15.)
 
22    (225 ILCS 411/5-26 new)
23    Sec. 5-26. Confidentiality. All information collected by
24the Department in the course of an examination or
25investigation of a licensee or applicant, including, but not

 

 

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1limited to, any complaint against a licensee filed with the
2Department and information collected to investigate any such
3complaint, shall be maintained for the confidential use of the
4Department and shall not be disclosed. The Department may not
5disclose the information to anyone other than law enforcement
6officials, other regulatory agencies that have an appropriate
7regulatory interest as determined by the Secretary, or a party
8presenting a lawful subpoena to the Department. Information
9and documents disclosed to a federal, State, county, or local
10law enforcement agency shall not be disclosed by the agency
11for any purpose to any other agency or person. A formal
12complaint filed against a licensee by the Department or any
13order issued by the Department against a licensee or applicant
14shall be a public record, except as otherwise prohibited by
15law.
 
16    (225 ILCS 411/10-20)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 10-20. Application for original license or exemption.
19    (a) Applications for original licensure as a cemetery
20authority, cemetery manager, or customer service employee
21authorized by this Act, or application for exemption from
22licensure as a cemetery authority, shall be made to the
23Department in writing on forms or electronically as prescribed
24by the Department, which shall include the applicant's Social
25Security number or FEIN number, or both, and shall be

 

 

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1accompanied by the required fee that shall not be refundable.
2as set by Section 10-55 of this Act and further refined by
3rule. Applications for partial or full exemption from
4licensure as a cemetery authority shall be submitted to the
5Department within 6 months after the Department adopts rules
6under this Act. If the person fails to submit the application
7for partial or full exemption within this period, the person
8shall be subject to discipline in accordance with Article 25
9of this Act. The process for renewing a full or partial
10exemption shall be set by rule. If a cemetery authority seeks
11to practice at more than one location, it shall meet all
12licensure requirements at each location as required by this
13Act and by rule, including submission of an application and
14fee. All applications shall contain information that, in the
15judgment of the Department, will enable the Department to pass
16on the qualifications of the applicant for a license under
17this Act.
18    (b) (Blank).
19    (c) After initial licensure, if any person comes to obtain
20at least 51% of the ownership over the licensed cemetery
21authority, then the cemetery authority shall have to apply for
22a new license and receive licensure in the required time as set
23by rule. The current license remains in effect until the
24Department takes action on the application for a new license.
25    (d) (Blank). All applications shall contain the
26information that, in the judgment of the Department, will

 

 

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1enable the Department to pass on the qualifications of the
2applicant for an exemption from licensure or for a license to
3practice as a cemetery authority, cemetery manager, or
4customer service employee as set by rule.
5(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
6    (225 ILCS 411/10-21)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 10-21. Qualifications for licensure.
9    (a) A cemetery authority shall apply for licensure on
10forms prescribed by the Department and pay the required fee.
11An applicant is qualified for licensure as a cemetery
12authority if the applicant meets all of the following
13qualifications:
14        (1) The applicant has not committed any act or offense
15    in any jurisdiction that would constitute the basis for
16    discipline under this Act. When considering such license,
17    the Department shall take into consideration the
18    following:
19            (A) the applicant's record of compliance with the
20        Code of Professional Conduct and Ethics, and whether
21        the applicant has been found to have engaged in any
22        unethical or dishonest practices in the cemetery
23        business;
24            (B) whether the applicant has been adjudicated,
25        civilly or criminally, to have committed fraud or to

 

 

10200HB2777ham001- 21 -LRB102 12074 SPS 24567 a

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

 

 

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1        (3) The applicant has not, within the preceding 10
2    years, been convicted of or entered a plea of guilty or
3    nolo contendere to (i) a Class X felony or (ii) a felony,
4    an essential element of which was fraud or dishonesty
5    under the laws of this State, another state, the United
6    States, or a foreign jurisdiction that is directly related
7    to the practice of cemetery operations. If the applicant
8    is a corporation, limited liability company, partnership,
9    or other entity permitted by law, then each principal,
10    owner, member, officer, and shareholder holding 25% or
11    more of corporate stock has not, within the preceding 10
12    years, been convicted of or entered a plea of guilty or
13    nolo contendere to (i) a Class X felony or (ii) a felony,
14    an essential element of which was fraud or dishonesty
15    under the laws of this State, another state, the United
16    States, or a foreign jurisdiction that is directly related
17    to the practice of cemetery operations.
18        (4) The applicant shall authorize the Department to
19    conduct a criminal background check that does not involve
20    fingerprinting.
21        (5) In the case of a person or entity applying for
22    renewal of his, her, or its license, the applicant has
23    complied with all other requirements of this Act and the
24    rules adopted for the implementation of this Act.
25    (b) The cemetery manager and customer service employees of
26a licensed cemetery authority shall apply for licensure as a

 

 

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1cemetery manager or customer service employee on forms
2prescribed by the Department and pay the required fee. A
3person is qualified for licensure as a cemetery manager or
4customer service employee if he or she meets all of the
5following requirements:
6        (1) Is at least 18 years of age.
7        (2) Has acted in an ethical manner as set forth in
8    Section 10-23 of this Act. In determining qualifications
9    of licensure, the Department shall take into consideration
10    the factors outlined in item (1) of subsection (a) of this
11    Section.
12        (3) Submits proof of successful completion of a high
13    school education or its equivalent as established by rule.
14        (4) The applicant shall authorize the Department to
15    conduct a criminal background check that does not involve
16    fingerprinting.
17        (5) Has not committed a violation of this Act or any
18    rules adopted under this Act that, in the opinion of the
19    Department, renders the applicant unqualified to be a
20    cemetery manager.
21        (6) Submits proof of successful completion of a
22    certification course recognized by the Department for a
23    cemetery manager or customer service employee, whichever
24    the case may be.
25        (7) Has not, within the preceding 10 years, been
26    convicted of or entered a plea of guilty or nolo

 

 

10200HB2777ham001- 24 -LRB102 12074 SPS 24567 a

1    contendere to (i) a Class X felony or (ii) a felony, an
2    essential element of which was fraud or dishonesty under
3    the laws of this State, another state, the United States,
4    or a foreign jurisdiction that is directly related to the
5    practice of cemetery operations.
6        (8) (Blank).
7        (9) In the case of a person applying for renewal of his
8    or her license, has complied with all other requirements
9    of this Act and the rules adopted for implementation of
10    this Act.
11    (c) Each applicant for a cemetery authority, cemetery
12manager, or customer service employee license shall authorize
13the Department to conduct a criminal background check that
14does not involve fingerprinting. The Department must, in turn,
15conduct the criminal background check on each applicant. The
16Department shall adopt rules to implement this subsection (c),
17but in no event shall the Department impose a fee upon the
18applicant for the background check.
19(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
20    (225 ILCS 411/10-25)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 10-25. Certification.
23    (a) The Department shall authorize certification programs
24for cemetery manager and customer service employee applicants.
25The certification programs must consist of education and

 

 

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1training in cemetery ethics, cemetery law, and cemetery
2practices. Cemetery ethics shall include, without limitation,
3the Code of Professional Conduct and Ethics as set forth in
4Section 10-23 of this Act. Cemetery law shall include, without
5limitation, the Cemetery Oversight Act, the Cemetery Care Act,
6the Disposition of Remains Act, and the Cemetery Protection
7Act. Cemetery practices shall include, without limitation,
8treating the dead and their family members with dignity and
9respect. The certification program shall include an
10examination administered by the entity providing the
11certification.
12    (a-5) An entity seeking to offer a certification program
13to cemetery manager applicants and customer service employee
14applicants must receive approval of its program from the
15Department in a manner and form prescribed by the Department
16by rule. As part of this process, the entity must submit to the
17Department the examination it offers or intends to offer as
18part of its certification program.
19    (a-10) A cemetery manager applicant or customer service
20employee applicant may choose any entity that has been
21approved by the Department from which to obtain certification.
22    (b) Cemetery manager applicants and customer service
23employee applicants shall pay the fee for the certification
24program directly to the entity offering the program.
25    (c) If the cemetery manager applicant or customer service
26employee applicant neglects, fails, or refuses to become

 

 

10200HB2777ham001- 26 -LRB102 12074 SPS 24567 a

1certified within one year after filing an application, then
2the application shall be denied. However, the applicant may
3thereafter submit a new application accompanied by the
4required fee. The applicant shall meet the requirements in
5force at the time of making the new application.
6    (d) A cemetery manager applicant or customer service
7employee applicant who has completed a certification program
8offered by an entity that has not received the Department's
9approval as required by this Section has not met the
10qualifications for licensure as set forth in Section 10-21 of
11this Act.
12    (e) The Department may approve shall recognize any
13certification program that is conducted by a death care trade
14association in Illinois that has been in existence for more
15than 5 years that, in the determination of the Department,
16provides adequate education and training in cemetery law,
17cemetery ethics, and cemetery practices and administers an
18examination covering the same.
19    (f) The Department may, without a hearing, summarily
20withdraw its approval of a certification program that, in the
21judgment of the Department, fails to meet the requirements of
22this Act or the rules adopted under this Act. A certification
23program that has had its approval withdrawn by the Department
24may reapply for approval, but shall provide such additional
25information as may be required by the Department, including,
26but not limited to, evidence to the Department's satisfaction

 

 

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1that the program is in compliance with this Act and the rules
2adopted under this Act.
3(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
4    (225 ILCS 411/10-40)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 10-40. Renewal, reinstatement, or restoration of
7license Expiration and renewal of license.
8    (a) The expiration date and renewal period for each
9license issued under this Act shall be set by rule. The holder
10of a license may renew such license during the month preceding
11the expiration date thereof by paying the required fee.
12    (b) A licensee under this Act who has permitted his or her
13license to expire or has had his or her license placed on
14inactive status may have his or her license restored by making
15application to the Department and filing proof acceptable to
16the Department of his or her fitness of having his or her
17license restored, including, but not limited to, sworn
18evidence certifying to active practice in another jurisdiction
19satisfactory to the Department, and by paying the required fee
20as determined by rule. Every cemetery authority, cemetery
21manager, and customer service employee license shall expire
22every 2 years. Every registration as a fully exempt cemetery
23authority or partially exempt cemetery authority shall expire
24every 4 years. The expiration date, renewal period, and other
25requirements for each license and registration shall be

 

 

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1further refined by rule.
2(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
3    (225 ILCS 411/10-55)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 10-55. Fees.
6    (a) Except as provided in this Section, the fees for the
7administration and enforcement of this Act shall be set by the
8Department by rule. The fees shall be reasonable and shall not
9be refundable.
10    (b) Cemetery manager applicants and customer service
11employee applicants shall pay any certification program or
12continuing education program fee directly to the entity
13offering the program.
14    (c) The Department may waive fees based upon hardship.
15    (d) Nothing shall prohibit a cemetery authority from
16paying, on behalf of its cemetery managers or customer service
17employees, their application, renewal, or restoration fees.
18    (e) All fees and other moneys collected under this Act
19shall be deposited in the Cemetery Oversight Licensing and
20Disciplinary Fund.
21    (f) The fee for application as a cemetery authority
22seeking a full exemption is $0.
23    (g) The fee to renew registration as a fully exempt
24cemetery authority is $0. As provided in Section 10-40 of this
25Act and as further refined by rule, each registration as a

 

 

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1fully exempt cemetery authority shall expire every 4 years.
2    (h) The fee for application as a cemetery authority
3seeking a partial exemption is $150.
4    (i) The fee to renew registration as a partially exempt
5cemetery authority is $150. As provided in Section 10-40 of
6this Act and as further refined by rule, each registration as a
7partially exempt cemetery authority shall expire every 4
8years.
9    (j) The fee for original licensure, renewal, and
10restoration as a cemetery authority not seeking a full or
11partial exemption is $75. As provided in Section 10-40 of this
12Act and as further refined by rule, each cemetery authority
13license shall expire every 2 years.
14    (k) The fee for original licensure, renewal, and
15restoration as a cemetery manager is $25. As provided in
16Section 10-40 of this Act and as further refined by rule, each
17cemetery manager license shall expire every 2 years.
18    (l) The fee for original licensure, renewal, and
19restoration as a customer service employee is $25. As provided
20in Section 10-40 of this Act and as further refined by rule,
21each customer service employee license shall expire every 2
22years.
23(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
24    (225 ILCS 411/20-10)
25    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 20-10. Contract. At the time cemetery arrangements
2are made and prior to rendering the cemetery services, a
3cemetery authority shall create a completed written contract
4to be provided to the consumer, signed by both parties by their
5actual written signatures on either paper or electronic form,
6that shall contain: (i) the date on which the arrangements
7were made; (ii) the price of the service selected and the
8services and merchandise included for that price; (iii) the
9supplemental items of service and merchandise requested and
10the price of each item; (iv) the terms or method of payment
11agreed upon; and (v) a statement as to any monetary advances
12made on behalf of the family. The cemetery authority shall
13maintain a copy of such written contract in its permanent
14records.
15(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
16    (225 ILCS 411/25-3)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 25-3. Exemption, investigation, mediation. All
19cemetery authorities maintaining a partial exemption must
20submit to the following investigation and mediation procedure
21by the Department in the event of a consumer complaint:
22        (a) Complaints to cemetery:
23            (1) the cemetery authority shall make every effort
24        to first resolve a consumer complaint; and
25            (2) if the complaint is not resolved, then the

 

 

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1        cemetery authority shall advise the consumer of his or
2        her right to file a complaint with seek investigation
3        and mediation by the Department.
4        (b) Complaints to the Department:
5            (1) if the Department receives a complaint, the
6        Department shall make an initial determination as to
7        whether the complaint has a reasonable basis and
8        pertains to this Act;
9            (2) if the Department determines that the
10        complaint has a reasonable basis and pertains to this
11        Act, it shall inform the cemetery authority of the
12        complaint and give it 30 days to tender a response;
13            (3) upon receiving the cemetery authority's
14        response, or after the 30 days provided in subsection
15        (2) of this subsection, whichever comes first, the
16        Department shall attempt to resolve the complaint
17        telephonically with the parties involved;
18            (4) if the complaint still is not resolved, then
19        the Department shall conduct an investigation and
20        mediate the complaint as provided for by rule;
21            (5) if the Department conducts an on-site
22        investigation and face-to-face mediation with the
23        parties, then it may charge the cemetery authority a
24        single investigation and mediation fee, which fee
25        shall be set by rule and shall be calculated on an
26        hourly basis; and

 

 

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1            (6) if all attempts to resolve the consumer
2        complaint as provided for in paragraphs (1) through
3        (5) fail, then the cemetery authority may be subject
4        to proceedings for penalties and discipline under this
5        Article when it is determined by the Department that
6        the cemetery authority may have engaged in any of the
7        following: (i) gross malpractice; (ii) dishonorable,
8        unethical, or unprofessional conduct of a character
9        likely to deceive, defraud, or harm the public; (iii)
10        gross, willful, or continued overcharging for
11        services; (iv) incompetence; (v) unjustified failure
12        to honor its contracts; or (vi) failure to adequately
13        maintain its premises. The Department may issue a
14        citation or institute disciplinary action and cause
15        the matter to be prosecuted and may thereafter issue
16        and enforce its final order as provided in this Act.
17(Source: P.A. 96-863, eff. 3-1-10.)
 
18    (225 ILCS 411/25-5)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 25-5. Citations.
21    (a) The Department may adopt rules to permit the issuance
22of citations for non-frivolous complaints. The citation shall
23be issued to the licensee and shall contain the licensee's
24name and address, the licensee's license number, a brief
25factual statement, the Sections of the law allegedly violated,

 

 

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1and the penalty imposed. The citation must clearly state that
2the licensee may choose, in lieu of accepting the citation, to
3request a hearing. If the licensee does not dispute the matter
4in the citation with the Department within 30 days after the
5citation is served, then the citation shall become a final
6order and shall constitute discipline. The penalty shall be a
7fine or other conditions as established by rule.
8    (b) The Department shall adopt rules designating
9violations for which a citation may be issued. Such rules
10shall designate as citation violations those violations for
11which there is no substantial threat to the public health,
12safety, and welfare. Citations shall not be utilized if there
13was any significant consumer harm resulting from the
14violation.
15    (c) A citation must be issued within 6 months after the
16reporting of a violation that is the basis for the citation.
17    (d) Service of a citation may be made by personal service,
18regular mail, or email or certified mail to the licensee at the
19licensee's address of record.
20(Source: P.A. 96-863, eff. 3-1-10.)
 
21    (225 ILCS 411/25-10)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 25-10. Grounds for disciplinary action.
24    (a) The Department may refuse to issue or renew a license
25or may revoke, suspend, place on probation, reprimand, or take

 

 

10200HB2777ham001- 34 -LRB102 12074 SPS 24567 a

1other disciplinary or non-disciplinary action as the
2Department may deem appropriate, including imposing fines not
3to exceed $10,000 $8,000 for each violation, with regard to
4any license under this Act, for any one or combination of the
5following:
6        (1) Material misstatement in furnishing information to
7    the Department.
8        (2) Violations of this Act, except for Section 20-8,
9    or of the rules adopted under this Act.
10        (3) Conviction of or entry of a plea of guilty or nolo
11    contendere, finding of guilt, jury verdict, or entry of
12    judgment or sentencing, including, but not limited to,
13    convictions, preceding sentences of supervision,
14    conditional discharge, or first offender probation under
15    the law of any jurisdiction of the United States that is
16    (i) a Class X felony or (ii) a felony, an essential element
17    of which is fraud or dishonesty that is directly related
18    to the practice of cemetery operations. Conviction of, or
19    entry of a plea of guilty or nolo contendere to, any crime
20    within the last 10 years that is a Class X felony or higher
21    or is a felony involving fraud and dishonesty under the
22    laws of the United States or any state or territory
23    thereof.
24        (4) Fraud or any misrepresentation in applying for or
25    procuring a license under this Act or in connection with
26    applying for renewal. Making any misrepresentation for the

 

 

10200HB2777ham001- 35 -LRB102 12074 SPS 24567 a

1    purpose of obtaining licensure or violating any provision
2    of this Act or the rules adopted under this Act.
3        (5) Incompetence or misconduct in the practice of
4    cemetery operations. Professional incompetence.
5        (6) Gross malpractice.
6        (7) Aiding or assisting another person in violating
7    any provision of this Act or rules adopted under this Act.
8        (8) Failing, within 10 business days, to provide
9    information in response to a written request made by the
10    Department.
11        (9) Engaging in dishonorable, unethical, or
12    unprofessional conduct of a character likely to deceive,
13    defraud, or harm the public.
14        (10) Habitual or excessive use or abuse of drugs
15    defined in law as controlled substances, alcohol,
16    narcotics, stimulants, or any other substances that
17    results in the inability to practice pursuant to the
18    provisions of this Act with reasonable judgment, skill, or
19    safety while acting under the provisions of this Act.
20    Inability to practice with reasonable judgment, skill, or
21    safety as a result of habitual or excessive use of
22    alcohol, narcotics, stimulants, or any other chemical
23    agent or drug.
24        (11) Discipline by another agency, state, territory,
25    foreign country, the District of Columbia, the United
26    States government territory, or any other government

 

 

10200HB2777ham001- 36 -LRB102 12074 SPS 24567 a

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

 

 

10200HB2777ham001- 37 -LRB102 12074 SPS 24567 a

1        (19) Using or attempting to use an expired, inactive,
2    suspended, or revoked license or impersonating another
3    licensee. Fraud or misrepresentation in applying for, or
4    procuring, a license under this Act or in connection with
5    applying for renewal of a license under this Act.
6        (20) A finding by the Department that an applicant or
7    licensee has failed to pay a fine imposed by the
8    Department. Cheating on or attempting to subvert the
9    licensing examination administered under this Act.
10        (21) Unjustified failure to honor its contracts.
11        (22) Negligent supervision of a cemetery manager,
12    customer service employee, employee, or independent
13    contractor.
14        (23) (Blank). A pattern of practice or other behavior
15    which demonstrates incapacity or incompetence to practice
16    under this Act.
17        (24) (Blank). Allowing an individual who is not, but
18    is required to be, licensed under this Act to perform work
19    for the cemetery authority.
20        (25) (Blank).
21    (b) No action may be taken under this Act against a person
22licensed under this Act for an occurrence or alleged
23occurrence that predates the enactment of this Act unless the
24action is commenced within 5 years after the occurrence of the
25alleged violations, except for a violation of item (3) of
26subsection (a) of this Section. If a person licensed under

 

 

10200HB2777ham001- 38 -LRB102 12074 SPS 24567 a

1this Act violates item (3) of subsection (a) of this Section,
2then the action may commence within 10 years after the
3occurrence of the alleged violation. A continuing violation
4shall be deemed to have occurred on the date when the
5circumstances last existed that give rise to the alleged
6violation.
7    (c) In enforcing this Section, the Department, upon a
8showing of a possible violation, may order a licensee or
9applicant to submit to a mental or physical examination, or
10both, at the expense of the Department. The Department may
11order the examining physician to present testimony concerning
12his or her examination of the licensee or applicant. No
13information shall be excluded by reason of any common law or
14statutory privilege relating to communications between the
15licensee or applicant and the examining physician. The
16examining physicians shall be specifically designated by the
17Department. The licensee or applicant may have, at his or her
18own expense, another physician of his or her choice present
19during all aspects of the examination. Failure of a licensee
20or applicant to submit to any such examination when directed,
21without reasonable cause, shall be grounds for either
22immediate suspending of his or her license or immediate denial
23of his or her application.
24        (1) If the Secretary immediately suspends the license
25    of a licensee for his or her failure to submit to a mental
26    or physical examination when directed, a hearing must be

 

 

10200HB2777ham001- 39 -LRB102 12074 SPS 24567 a

1    convened by the Department within 15 days after the
2    suspension and completed without appreciable delay.
3        (2) If the Secretary otherwise suspends a license
4    pursuant to the results of the licensee's mental or
5    physical examination, a hearing must be convened by the
6    Department within 15 days after the suspension and
7    completed without appreciable delay. The Department shall
8    have the authority to review the licensee's record of
9    treatment and counseling regarding the relevant impairment
10    or impairments to the extent permitted by applicable
11    federal statutes and regulations safeguarding the
12    confidentiality of medical records.
13        (3) Any licensee suspended under this subsection shall
14    be afforded an opportunity to demonstrate to the
15    Department that he or she can resume practice in
16    compliance with the acceptable and prevailing standards
17    under the provisions of his or her license.
18    (d) The determination by a circuit court that a licensee
19is subject to involuntary admission or judicial admission, as
20provided in the Mental Health and Developmental Disabilities
21Code, operates as an automatic suspension. Such suspension may
22end only upon a finding by a court that the patient is no
23longer subject to involuntary admission or judicial admission,
24the issuance of an order so finding and discharging the
25patient, and the filing of a petition for restoration
26demonstrating fitness to practice.

 

 

10200HB2777ham001- 40 -LRB102 12074 SPS 24567 a

1    (e) In cases where the Department of Healthcare and Family
2Services has previously determined that a licensee or a
3potential licensee is more than 30 days delinquent in the
4payment of child support and has subsequently certified the
5delinquency to the Department, the Department shall refuse to
6issue or renew or shall revoke or suspend that person's
7license or shall take other disciplinary action against that
8person based solely upon the certification of delinquency made
9by the Department of Healthcare and Family Services under
10paragraph (5) of subsection (a) of Section 2105-15 of the
11Department of Professional Regulation Law of the Civil
12Administrative Code of Illinois.
13    (f) The Department shall refuse to issue or renew or shall
14revoke or suspend a person's license or shall take other
15disciplinary action against that person for his or her failure
16to file a return, to pay the tax, penalty, or interest shown in
17a filed return, or to pay any final assessment of tax, penalty,
18or interest as required by any tax Act administered by the
19Department of Revenue, until the requirements of the tax Act
20are satisfied in accordance with subsection (g) of Section
212105-15 of the Department of Professional Regulation Law of
22the Civil Administrative Code of Illinois.
23(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
24    (225 ILCS 411/25-15)
25    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 25-15. Injunction; cease Cease and desist order.
2    (a) If any person or entity violates a provision of this
3Act, the Secretary may, in the name of the People of the State
4of Illinois, through the Attorney General of the State of
5Illinois, petition for an order enjoining such violation or
6for an order enforcing compliance with this Act. Upon the
7filing of a verified petition in such court, the court may
8issue a temporary restraining order, without notice or bond,
9and may preliminarily and permanently enjoin such violation.
10If it is established that such person or entity has violated or
11is violating the injunction, the court may punish the offender
12for contempt of court. Proceedings under this Section are in
13addition to, and not in lieu of, all other remedies and
14penalties provided by this Act. The Secretary may issue an
15order to cease and desist to any licensee or other person doing
16business without the required license when, in the opinion of
17the Secretary, the licensee or other person is violating or is
18about to violate any provision of this Act or any rule or
19requirement imposed in writing by the Department.
20    (b) Whenever in the opinion of the Department any person
21or entity violates any provision of this Act, the Department
22may issue a rule to show cause why an order to cease and desist
23should not be entered against them. The rule shall clearly set
24forth the grounds relied upon by the Department and shall
25provide a period of 7 days from the date of the rule to file an
26answer to the satisfaction of the Department. Failure to

 

 

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1answer to the satisfaction of the Department shall cause an
2order to cease and desist to be issued immediately. The
3Secretary may issue an order to cease and desist prior to a
4hearing and such order shall be in full force and effect until
5a final administrative order is entered.
6    (c) The Secretary shall serve notice of his or her action,
7designated as an order to cease and desist made pursuant to
8this Section, including a statement of the reasons for the
9action, either personally or by certified mail, return receipt
10requested. Service by certified mail shall be deemed completed
11when the notice is deposited in the United States mail and sent
12to the address of record or, in the case of unlicensed
13activity, the address known to the Department.
14    (d) Within 15 days after service of the order to cease and
15desist, the licensee or other person may request, in writing,
16a hearing.
17    (e) The Secretary shall schedule a hearing within 30 days
18after the request for a hearing unless otherwise agreed to by
19the parties.
20    (f) The Secretary shall have the authority to prescribe
21rules for the administration of this Section.
22    (g) If, after hearing, it is determined that the Secretary
23has the authority to issue the order to cease and desist, he or
24she may issue such orders as may be reasonably necessary to
25correct, eliminate, or remedy such conduct.
26    (h) The powers vested in the Secretary by this Section are

 

 

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1additional to any and all other powers and remedies vested in
2the Secretary by law and nothing in this Section shall be
3construed as requiring that the Secretary shall employ the
4power conferred in this Section instead of or as a condition
5precedent to the exercise of any other power or remedy vested
6in the Secretary.
7(Source: P.A. 96-863, eff. 3-1-10.)
 
8    (225 ILCS 411/25-25)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 25-25. Investigations, notice, hearings.
11    (a) The Department may investigate the actions of any
12applicant or of any person or entity holding or claiming to
13hold a license under this Act. The Department may at any time
14investigate the actions of any applicant or of any person or
15persons rendering or offering to render services as a cemetery
16authority, cemetery manager, or customer service employee of
17or any person holding or claiming to hold a license as a
18licensed cemetery authority, cemetery manager, or customer
19service employee. If it appears to the Department that a
20person has engaged in, is engaging in, or is about to engage in
21any practice declared to be unlawful by this Act, then the
22Department may: (1) require that person to file on such terms
23as the Department prescribes a statement or report in writing,
24under oath or otherwise, containing all information the
25Department may consider necessary to ascertain whether a

 

 

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1licensee is in compliance with this Act, or whether an
2unlicensed person is engaging in activities for which a
3license is required; (2) examine under oath any individual in
4connection with the books and records pertaining to or having
5an impact upon the operation of a cemetery; (3) examine any
6books and records of the licensee that the Department may
7consider necessary to ascertain compliance with this Act; and
8(4) require the production of a copy of any record, book,
9document, account, or paper that is produced in accordance
10with this Act and retain it in his or her possession until the
11completion of all proceedings in connection with which it is
12produced.
13    (b) The Department shall, before disciplining an applicant
14or licensee, at least 30 days prior to the date set for the
15hearing: (i) notify, in writing, the accused of the charges
16made and the time and place for the hearing on the charges,
17(ii) direct him or her to file a written answer to the charges
18under oath within 20 days after service of the notice, and
19(iii) inform the applicant or licensee that failure to file an
20answer will result in a default being entered against the
21applicant or licensee. The Secretary may, after 10 days notice
22by certified mail with return receipt requested to the
23licensee at the address of record or to the last known address
24of any other person stating the contemplated action and in
25general the grounds therefor, fine such licensee an amount not
26exceeding $10,000 per violation or revoke, suspend, refuse to

 

 

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1renew, place on probation, or reprimand any license issued
2under this Act if he or she finds that:
3        (1) the licensee has failed to comply with any
4    provision of this Act or any order, decision, finding,
5    rule, regulation, or direction of the Secretary lawfully
6    made pursuant to the authority of this Act; or
7        (2) any fact or condition exists which, if it had
8    existed at the time of the original application for the
9    license, clearly would have warranted the Secretary in
10    refusing to issue the license.
11    (c) Written or electronic notice, and any notice in the
12subsequent proceedings, may be served by personal delivery, by
13email, or by mail to the applicant or licensee at his or her
14address of record or email address of record. The Secretary
15may fine, revoke, suspend, refuse to renew, place on
16probation, reprimand, or take any other disciplinary action as
17to the particular license with respect to which grounds for
18the fine, revocation, suspension, refuse to renew, probation,
19or reprimand, or other disciplinary action occur or exist, but
20if the Secretary finds that grounds for revocation are of
21general application to all offices or to more than one office
22of the licensee, the Secretary shall fine, revoke, suspend,
23refuse to renew, place on probation, reprimand, or otherwise
24discipline every license to which such grounds apply.
25    (d) At the time and place fixed in the notice, the hearing
26officer appointed by the Secretary shall proceed to hear the

 

 

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1charges and the parties or their counsel shall be accorded
2ample opportunity to present any statement, testimony,
3evidence, and argument as may be pertinent to the charges or to
4their defense. The hearing officer may continue the hearing
5from time to time. In every case in which a license is revoked,
6suspended, placed on probation, reprimanded, or otherwise
7disciplined, the Secretary shall serve the licensee with
8notice of his or her action, including a statement of the
9reasons for his or her actions, either personally or by
10certified mail, return receipt requested. Service by certified
11mail shall be deemed completed when the notice is deposited in
12the United States mail and sent to the address of record.
13    (e) In case the licensee or applicant, after receiving the
14notice, fails to file an answer, his or her license may, in the
15discretion of the Secretary, be suspended, revoked, or placed
16on probationary status, or be subject to whatever disciplinary
17action the Secretary considers proper, including limiting the
18scope, nature, or extent of the person's practice or
19imposition of a fine, without hearing, if the act or acts
20charged constitute sufficient grounds for the action under
21this Act. An order assessing a fine, an order revoking,
22suspending, placing on probation, or reprimanding a license
23or, an order denying renewal of a license shall take effect
24upon service of the order unless the licensee requests, in
25writing, within 20 days after the date of service, a hearing.
26In the event a hearing is requested, an order issued under this

 

 

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1Section shall be stayed until a final administrative order is
2entered.
3    (f) If the licensee requests a hearing, then the Secretary
4shall schedule a hearing within 30 days after the request for a
5hearing unless otherwise agreed to by the parties. The
6Secretary shall have the authority to appoint an attorney duly
7licensed to practice law in the State of Illinois to serve as
8the hearing officer in any disciplinary action with regard to
9a license. The hearing officer shall have full authority to
10conduct the hearing.
11    (g) The hearing shall be held at the time and place
12designated by the Secretary.
13    (h) The Secretary shall have the authority to prescribe
14rules for the administration of this Section.
15    (i) Fines imposed and any costs assessed shall be paid
16within 60 days.
17(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
18    (225 ILCS 411/25-26 new)
19    Sec. 25-26. Hearing officer. Notwithstanding any provision
20of this Act, the Secretary has the authority to appoint an
21attorney licensed to practice law in the State of Illinois to
22serve as the hearing officer in any action for refusal to issue
23or renew a license or discipline a license. The hearing
24officer shall have full authority to conduct the hearing. The
25hearing officer shall report his or her findings of fact,

 

 

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1conclusions of law, and recommendations to the Secretary.
 
2    (225 ILCS 411/25-30)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 25-30. Hearing; motion for rehearing Consent order.
5    (a) The hearing officer appointed by the Secretary shall
6hear evidence in support of the formal charges and evidence
7produced by the licensee. At the conclusion of the hearing,
8the hearing officer shall present to the Secretary a written
9report of his or her findings of fact, conclusions of law, and
10recommendations.
11    (b) At the conclusion of the hearing, a copy of the hearing
12officer's report shall be served upon the applicant or
13licensee, either personally or as provided in this Act for the
14service of the notice of hearing. Within 20 calendar days
15after such service, the applicant or licensee may present to
16the Department a motion, in writing, for a rehearing which
17shall specify the particular grounds for rehearing. The
18Department may respond to the motion for rehearing within 20
19calendar days after its service on the Department. If no
20motion for rehearing is filed, then upon the expiration of the
21time specified for filing such a motion, or upon denial of a
22motion for rehearing, the Secretary may enter an order in
23accordance with the recommendations of the hearing officer. If
24the applicant or licensee orders from the reporting service
25and pays for a transcript of the record within the time for

 

 

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1filing a motion for rehearing, the 20 calendar day period
2within which a motion may be filed shall commence upon
3delivery of the transcript to the applicant or licensee.
4    (c) If the Secretary disagrees in any regard with the
5report of the hearing officer, the Secretary may issue an
6order contrary to the report.
7    (d) Whenever the Secretary is not satisfied that
8substantial justice has been done, the Secretary may order a
9hearing by the same or another hearing officer.
10    (e) At any point in any investigation or disciplinary
11proceeding provided for in this Act, both parties may agree to
12a negotiated consent order. The consent order shall be final
13upon signature of the Secretary.
14At any point in any investigation or disciplinary proceeding
15provided for in this Act, both parties may agree to a
16negotiated consent order. The consent order shall be final
17upon signature of the Secretary.
18(Source: P.A. 96-863, eff. 3-1-10.)
 
19    (225 ILCS 411/25-35)
20    (Section scheduled to be repealed on January 1, 2022)
21    Sec. 25-35. Record of proceedings; transcript.
22    (a) The Department, at its expense, shall provide a
23certified shorthand reporter to take down the testimony and
24preserve a record of all proceedings at the hearing of any case
25in which a licensee may be revoked, suspended, placed on

 

 

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1probationary status, reprimanded, fined, or subjected to other
2disciplinary action with reference to the license when a
3disciplinary action is authorized under this Act and rules.
4The notice of hearing, complaint, and all other documents in
5the nature of pleadings and written portions filed in the
6proceedings, the transcript of the testimony, the report of
7the hearing officer, and the orders of the Department shall be
8the record of the proceedings. The record may be made
9available to any person interested in the hearing upon payment
10of the fee required by Section 2105-115 of the Department of
11Professional Regulation Law shall preserve a record of all
12proceedings at the formal hearing of any case. Any notice, all
13documents in the nature of pleadings, written motions filed in
14the proceedings, the transcripts of testimony, and orders of
15the Department shall be in the record of the proceeding.
16    (b) The Department may contract for court reporting
17services, and, if it does so, the Department shall provide the
18name and contact information for the certified shorthand
19reporter who transcribed the testimony at a hearing to any
20person interested, who may obtain a copy of the transcript of
21any proceedings at a hearing upon payment of the fee specified
22by the certified shorthand reporter.
23(Source: P.A. 96-863, eff. 3-1-10.)
 
24    (225 ILCS 411/25-90)
25    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 25-90. Restoration of license from discipline.
2    (a) At any time after the successful completion of a term
3of indefinite probation, suspension, or revocation of a
4license under this Act, the Department may restore the license
5to the licensee, unless after an investigation and a hearing
6the Secretary determines that restoration is not in the public
7interest.
8    (b) Where circumstances of suspension or revocation so
9indicate, the Department may require an examination of the
10licensee prior to restoring his or her license.
11    (c) No person whose license has been revoked as authorized
12in this Act may apply for restoration of that license until
13such time as provided for in the Civil Administrative Code of
14Illinois.
15    (d) A license that has been suspended or revoked shall be
16considered non-renewed for purposes of restoration and a
17licensee restoring his or her license from suspension or
18revocation must comply with the requirements for restoration
19as set forth in Section 10-40.
20(Source: P.A. 96-863, eff. 3-1-10.)
 
21    (225 ILCS 411/25-95)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 25-95. Administrative review; venue.
24    (a) All final administrative decisions of the Department
25are subject to judicial review under the Administrative Review

 

 

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1Law and its rules. The term "administrative decision" is
2defined as in Section 3-101 of the Code of Civil Procedure.
3    (b) Proceedings for judicial review shall be commenced in
4the circuit court of the county in which the party applying for
5review resides, but if the party is not a resident of Illinois,
6the venue shall be in Sangamon County.
7    (c) The Department shall not be required to certify any
8record to the court or file any answer in court, or to
9otherwise appear in any court in a judicial review proceeding,
10unless and until the Department has received from the
11plaintiff payment of the costs of furnishing and certifying
12the record, which costs shall be determined by the Department.
13    (d) Failure on the part of the plaintiff to file a receipt
14in court shall be grounds for dismissal of the action.
15(Source: P.A. 96-863, eff. 3-1-10.)
 
16    (225 ILCS 411/25-105)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 25-105. Unlicensed practice; violations; civil
19penalty Violations.
20    (a) Any person who practices, offers to practice, attempts
21to practice, or hold himself or herself out as a cemetery
22manager or customer service employee as provided in this Act
23without being licensed or exempt under this Act shall, in
24addition to any other penalty provided by law, pay a civil
25penalty to the Department in an amount not to exceed $10,000

 

 

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1for each offense, as determined by the Department. The civil
2penalty shall be assessed by the Department after a hearing is
3held in accordance with the provision set forth in this Act
4regarding the provision of a hearing for the discipline of a
5licensee.
6    (b) The Department may investigate any actual, alleged, or
7suspected unlicensed activity.
8    (c) The civil penalty shall be paid within 60 days after
9the effective date of the order imposing the civil penalty.
10The order shall constitute a judgment and may be filed and
11execution had thereon in the same manner as any judgment from
12any court of record.
13    (d) A person or entity not licensed under this Act who has
14violated any provision of this Act or its rules is guilty of a
15Class A misdemeanor for the first offense and a Class 4 felony
16for a second and subsequent offenses.
17Each of the following acts is a Class A misdemeanor for the
18first offense and a Class 4 felony for each subsequent
19offense:
20        (1) the practice of or attempted practice of or
21    holding out as available to practice as a cemetery
22    authority, cemetery manager, or customer service employee
23    without a license; or
24        (2) the obtaining of or the attempt to obtain any
25    license or authorization under this Act by fraud or
26    misrepresentation.

 

 

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1(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
2    (225 ILCS 411/25-115)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 25-115. Illinois Administrative Procedure Act;
5application. The Illinois Administrative Procedure Act is
6expressly adopted and incorporated in this Act as if all of the
7provisions of that Act were included in this Act, except that
8the provision of paragraph (d) of Section 10-65 of the
9Illinois Administrative Procedure Act, which provides that at
10hearings the licensee has the right to show compliance with
11all lawful requirements for retention or continuation or
12renewal of the license, is specifically excluded. The
13Department shall not be required to annually verify email
14addresses as specified in paragraph (a) of subsection (2) of
15Section 10-75 of the Illinois Administrative Procedure Act.
16For the purpose of this Act, the notice required under Section
1710-25 of the Illinois Administrative Procedure Act is
18considered sufficient when mailed to the address of record or
19emailed to the email address of record.
20(Source: P.A. 96-863, eff. 3-1-10.)
 
21    (225 ILCS 411/35-5)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 35-5. Penalties. Cemetery authorities shall respect
24the rights of consumers of cemetery products and services as

 

 

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1put forth in this Article. Failure to abide by the cemetery
2duties listed in this Article or to comply with a request by a
3consumer based on a consumer's privileges under this Article
4may activate the mediation, citation, or disciplinary
5processes in Article 25 of this Act.
6(Source: P.A. 96-863, eff. 3-1-10.)
 
7    (225 ILCS 411/35-15)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 35-15. Cemetery duties.
10    (a) Prices for all cemetery-related products offered for
11sale by the cemetery authority must be disclosed to the
12consumer in writing on a standardized price list.
13Memorialization pricing may be disclosed in price ranges. The
14price list shall include the effective dates of the prices.
15The price list shall include not only the range of interment,
16inurnment, and entombment rights, and the cost of extending
17the term of any term burial, but also any related merchandise
18or services offered by the cemetery authority. Charges for
19installation of markers, monuments, and vaults in cemeteries
20must be the same without regard to where the item is purchased.
21    (b) A contract for the interment, inurnment, or entombment
22of human remains must be signed by both parties: the consumer
23and the cemetery authority or its representative. Such
24signature shall be personally signed by the signor on either
25paper or electronic format and shall not include a stamp or

 

 

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

 

 

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1require the consumer, purchaser, or such individual's relative
2or representative to purchase any merchandise or service not
3included in the original contract or in the rules and
4regulations in existence when the contract was entered unless
5the purchase is reasonable or required to make the cemetery
6authority compliant with applicable law.
7    (e) No cemetery authority or its agent may engage in
8deceptive or unfair practices. The cemetery authority and its
9agents may not misrepresent legal or cemetery requirements.
10    (f) The Department may adopt rules regarding green burial
11certification, green cremation products and methods, and
12consumer education.
13    (g) The contractual requirements contained in this Section
14only apply to contracts executed after the effective date of
15this Act.
16(Source: P.A. 96-863, eff. 3-1-10.)
 
17    (225 ILCS 411/75-45)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 75-45. Fees. The Department shall by rule provide for
20fees for the administration and enforcement of this Act, and
21those fees are nonrefundable. All of the fees, and fines, and
22all other moneys collected under this Act and fees collected
23on behalf of the Department under subsection (l) of Section 25
24of the Vital Records Act shall be deposited into the Cemetery
25Oversight Licensing and Disciplinary Fund and be appropriated

 

 

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1to the Department for the ordinary and contingent expenses of
2the Department in the administration and enforcement of this
3Act.
4(Source: P.A. 96-863, eff. 3-1-10.)
 
5    (225 ILCS 411/25-1 rep.)
6    (225 ILCS 411/25-50 rep.)
7    (225 ILCS 411/25-55 rep.)
8    (225 ILCS 411/25-60 rep.)
9    (225 ILCS 411/25-100 rep.)
10    (225 ILCS 411/25-110 rep.)
11    (225 ILCS 411/25-120 rep.)
12    (225 ILCS 411/25-125 rep.)
13    (225 ILCS 411/75-20 rep.)
14    (225 ILCS 411/75-35 rep.)
15    Section 20. The Cemetery Oversight Act is amended by
16repealing Sections 25-1, 25-50, 25-55, 25-60, 25-100, 25-110,
1725-120, 25-125, 75-20, and 75-35.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".