Full Text of SB3268 96th General Assembly
SB3268eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning cemeteries.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Cemetery Oversight Act is amended by | 5 |
| changing Sections 10-21 and 22-14 as follows: | 6 |
| (225 ILCS 411/10-21) | 7 |
| (Section scheduled to be repealed on January 1, 2021)
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| Sec. 10-21. Qualifications for licensure. | 9 |
| (a) A cemetery authority shall apply for licensure on forms | 10 |
| prescribed by the Department and pay the required fee. An | 11 |
| applicant is qualified for licensure as a cemetery authority if | 12 |
| the applicant meets all of the following qualifications: | 13 |
| (1) The applicant is of good moral character and has | 14 |
| not committed any act or offense in any jurisdiction that | 15 |
| would constitute the basis for discipline under this Act. | 16 |
| In determining good moral character, the Department shall | 17 |
| take into consideration the following: | 18 |
| (A) the applicant's record of compliance with the | 19 |
| Code of Professional Conduct and Ethics, and whether | 20 |
| the applicant has been found to have engaged in any | 21 |
| unethical or dishonest practices in the cemetery | 22 |
| business; | 23 |
| (B) whether the applicant has been adjudicated, |
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| civilly or criminally, to have committed fraud or to | 2 |
| have violated any law of any state involving unfair | 3 |
| trade or business practices, has been convicted of a | 4 |
| misdemeanor of which fraud is an essential element or | 5 |
| which involves any aspect of the cemetery business, or | 6 |
| has been convicted of any felony; | 7 |
| (C) whether the applicant has willfully violated | 8 |
| any provision of this Act or a predecessor law or any | 9 |
| regulations relating thereto; | 10 |
| (D) whether the applicant has been permanently or | 11 |
| temporarily suspended, enjoined, or barred by any | 12 |
| court of competent jurisdiction in any state from | 13 |
| engaging in or continuing any conduct or practice | 14 |
| involving any aspect of the cemetery or funeral | 15 |
| business; and | 16 |
| (E) whether the applicant has ever had any license | 17 |
| to practice any profession or occupation suspended, | 18 |
| denied, fined, or otherwise acted against or | 19 |
| disciplined by the applicable licensing authority. | 20 |
| If the applicant is a corporation, limited liability | 21 |
| company, partnership, or other entity permitted by law, | 22 |
| then each principal, owner, member, officer, and | 23 |
| shareholder holding 25% or more of corporate stock is to be | 24 |
| of good moral character. Good moral character is a | 25 |
| continuing requirement of licensure. | 26 |
| (2) The applicant provides evidence satisfactory to |
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| the Department that the applicant has financial resources | 2 |
| sufficient to comply with the maintenance and | 3 |
| record-keeping provisions in Section 20-5 of this Act. | 4 |
| Maintaining sufficient financial resources is a continuing | 5 |
| requirement for licensure. | 6 |
| (3) The applicant has not, within the preceding 10 | 7 |
| years, been convicted of or entered a plea of guilty or | 8 |
| nolo contendere to (i) a Class X felony or (ii) a felony, | 9 |
| an 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. If the applicant is a | 12 |
| corporation, limited liability company, partnership, or | 13 |
| other entity permitted by law, then each principal, owner, | 14 |
| member, officer, and shareholder holding 25% or more of | 15 |
| corporate stock has not, within the preceding 10 years, | 16 |
| been convicted of or entered a plea of guilty or nolo | 17 |
| contendere to (i) a Class X felony or (ii) a felony, an | 18 |
| essential element of which was fraud or dishonesty under | 19 |
| the laws of this State, another state, the United States, | 20 |
| or a foreign jurisdiction. | 21 |
| (4) The applicant submits his or her fingerprints in | 22 |
| accordance with subsection (c) of this Section. | 23 |
| (5) The applicant has complied with all other | 24 |
| requirements of this Act and the rules adopted for the | 25 |
| implementation of this Act. | 26 |
| (b) The cemetery manager and customer service employees of |
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| a licensed cemetery authority shall apply for licensure as a | 2 |
| cemetery manager or customer service employee on forms | 3 |
| prescribed by the Department and pay the required fee. A person | 4 |
| is qualified for licensure as a cemetery manager or customer | 5 |
| service employee if he or she meets all of the following | 6 |
| requirements: | 7 |
| (1) Is at least 18 years of age. | 8 |
| (2) Is of good moral character. Good moral character is | 9 |
| a continuing requirement of licensure. In determining good | 10 |
| moral character, the Department shall take into | 11 |
| consideration the factors outlined in item (1) of | 12 |
| subsection (a) of this Section. | 13 |
| (3) Submits proof of successful completion of a high | 14 |
| school education or its equivalent as established by rule. | 15 |
| (4) Submits his or her fingerprints in accordance with | 16 |
| subsection (c) of this Section. | 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 or customer service employee . | 21 |
| (6) Successfully passes the examination authorized by | 22 |
| the Department for cemetery manager or customer service | 23 |
| employee, whichever is applicable. | 24 |
| (7) Has not, within the preceding 10 years, been | 25 |
| convicted of or entered a plea of guilty or nolo contendere | 26 |
| to (i) a Class X felony or (ii) a felony, an essential |
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| element of which was fraud or dishonesty under the laws of | 2 |
| this State, another state, the United States, or a foreign | 3 |
| jurisdiction. | 4 |
| (8) Can be reasonably expected to treat consumers | 5 |
| professionally, fairly, and ethically. | 6 |
| (9) Has complied with all other requirements of this | 7 |
| Act and the rules adopted for implementation of this Act. | 8 |
| (c) Each applicant for a cemetery authority, cemetery | 9 |
| manager, or customer service employee license shall have his or | 10 |
| her fingerprints submitted to the Department of State Police in | 11 |
| an electronic format that complies with the form and manner for | 12 |
| requesting and furnishing criminal history record information | 13 |
| that is prescribed by the Department of State Police. These
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| fingerprints shall be checked against the Department of State
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| Police and Federal Bureau of Investigation criminal history
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| record databases. The Department of State Police shall charge
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| applicants a fee for conducting the criminal history records
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| check, which shall be deposited in the State Police Services
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| Fund and shall not exceed the actual cost of the records check.
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| The Department of State Police shall furnish, pursuant to
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| positive identification, records of Illinois convictions to
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| the Department. The Department may require applicants to pay a
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| separate fingerprinting fee, either to the Department or
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| directly to a designated fingerprint vendor. The Department, in
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| its discretion, may allow an applicant who does not have
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| reasonable access to a designated fingerprint vendor to provide
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| his or her fingerprints in an alternative manner. The
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| Department, in its discretion, may also use other procedures in
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| performing or obtaining criminal background checks of
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| applicants. Instead of submitting his or her fingerprints, an
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| individual may submit proof that is satisfactory to the
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| Department that an equivalent security clearance has been
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| conducted. If the applicant for a cemetery authority license is | 8 |
| a corporation, limited liability company, partnership, or | 9 |
| other entity permitted by law, then each principal, owner, | 10 |
| member, officer, and shareholder holding 25% or more of | 11 |
| corporate stock shall have his or her fingerprints submitted in | 12 |
| accordance with this subsection (c).
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| (Source: P.A. 96-863, eff. 3-1-10.) | 14 |
| (225 ILCS 411/22-14) | 15 |
| (Section scheduled to be repealed on January 1, 2021)
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| Sec. 22-14. Rules; bond requirement.
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| (a) The board of trustees of the cemetery association may | 18 |
| make any and all rules and regulations for the management of | 19 |
| the association not inconsistent with this Article or this Act. | 20 |
| (b) If any paid officer All members of the board of | 21 |
| trustees of a cemetery association fails that fail to maintain | 22 |
| the bond or letter of credit as required under this Act , then | 23 |
| all members of the board of trustees shall remain jointly and | 24 |
| severally liable for damages and the paid officer who failed to | 25 |
| maintain the bond or letter of credit each shall be guilty of a |
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| Class A misdemeanor for the first offense and a Class 4 felony | 2 |
| for second and subsequent offenses.
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| (Source: P.A. 96-863, eff. 3-1-10.) | 4 |
| Section 10. The Crematory Regulation Act is amended by | 5 |
| changing Sections 11 and 13 as follows:
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| (410 ILCS 18/11)
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| (Text of Section before amendment by P.A. 96-863 )
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| (Section scheduled to be repealed on January 1, 2021) | 9 |
| Sec. 11.
Grounds for refusal of license or suspension or | 10 |
| revocation of
license.
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| (a) In this Section, "applicant" means a person who has | 12 |
| applied for a
license
under
this Act.
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| (b) The Comptroller may refuse to issue a license under | 14 |
| this Act, or may
suspend
or revoke a license issued under this | 15 |
| Act, on any of the following grounds:
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| (1) The applicant or licensee has made any | 17 |
| misrepresentation or false
statement or concealed any | 18 |
| material fact in connection with a license
application or | 19 |
| licensure under this Act.
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| (2) The applicant or licensee has been engaged in | 21 |
| business practices that
work a fraud.
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| (3) The applicant or licensee has refused to give | 23 |
| information required
under this Act to be disclosed to the
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| Comptroller.
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| (4) The applicant or licensee has conducted or is about | 2 |
| to conduct
cremation
business in a fraudulent manner.
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| (5) As to any individual listed in the license | 4 |
| application as required
under Section 10, that individual | 5 |
| has conducted or is about to conduct any
cremation business | 6 |
| on behalf of the applicant in a fraudulent manner or has
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| been
convicted
of any felony or misdemeanor an essential | 8 |
| element of which is fraud.
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| (6) The applicant or licensee has failed to make the | 10 |
| annual report
required
by this Act or to comply with a | 11 |
| final order, decision, or finding of the
Comptroller
made | 12 |
| under this Act.
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| (7) The applicant or licensee, including any member, | 14 |
| officer, or director
of
the applicant or licensee if the | 15 |
| applicant or licensee is a firm, partnership,
association, | 16 |
| or corporation and including any shareholder holding more | 17 |
| than 25%
of the corporate stock of the applicant or | 18 |
| licensee, has violated any provision
of
this Act or any | 19 |
| regulation or order made by the Comptroller under this Act.
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| (8) The Comptroller finds any fact or condition | 21 |
| existing that, if it had
existed at the time of the | 22 |
| original application for a license under this Act,
would
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| have warranted the Comptroller in refusing the issuance of | 24 |
| the license.
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| (Source: P.A. 92-675, eff. 7-1-03.)
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| (Text of Section after amendment by P.A. 96-863 )
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| (Section scheduled to be repealed on January 1, 2021) | 3 |
| Sec. 11.
Grounds for denial or discipline.
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| (a) In this Section, "applicant" means a person who has | 5 |
| applied for a
license
under
this Act including those persons | 6 |
| whose names are listed on a license application in Section 10 | 7 |
| of this Act.
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| (b) The Department may refuse to issue a license, place on | 9 |
| probation, reprimand, or take other disciplinary action that | 10 |
| the Department may deem appropriate, including imposing fines | 11 |
| not to exceed $10,000 for each violation, with regard to any | 12 |
| license under this Act, or may
suspend
or revoke a license | 13 |
| issued under this Act, on any of the following grounds:
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| (1) The applicant or licensee has made any | 15 |
| misrepresentation or false
statement or concealed any | 16 |
| material fact in furnishing information to the Department.
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| (2) The applicant or licensee has been engaged in | 18 |
| business practices that
work a fraud.
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| (3) The applicant or licensee has refused to give | 20 |
| information required
under this Act to be disclosed to the
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| Department or failing, within 30 days, to provide | 22 |
| information in response to a written request made by the | 23 |
| Department.
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| (4) Engaging in dishonorable, unethical, or | 25 |
| unprofessional conduct of a character likely to deceive, | 26 |
| defraud, or harm the public.
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| (5) As to any individual listed in the license | 2 |
| application as required
under Section 10, that individual | 3 |
| has conducted or is about to conduct any
cremation business | 4 |
| on behalf of the applicant in a fraudulent manner or has
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| been
convicted
of any felony or misdemeanor an essential | 6 |
| element of which is fraud.
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| (6) The applicant or licensee has failed to make the | 8 |
| annual report
required
by this Act or to comply with a | 9 |
| final order, decision, or finding of the
Department
made | 10 |
| under this Act.
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| (7) The applicant or licensee, including any member, | 12 |
| officer, or director
of
the applicant or licensee if the | 13 |
| applicant or licensee is a firm, partnership,
association, | 14 |
| or corporation and including any shareholder holding more | 15 |
| than 25%
of the corporate stock of the applicant or | 16 |
| licensee, has violated any provision
of
this Act or any | 17 |
| regulation or order made by the Department under this Act.
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| (8) The Department finds any fact or condition existing | 19 |
| that, if it had
existed at the time of the original | 20 |
| application for a license under this Act,
would
have | 21 |
| warranted the Department Comptroller in refusing the | 22 |
| issuance of the license.
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| (9) Any violation of this Act or of the rules adopted | 24 |
| under this Act. | 25 |
| (10) Incompetence. | 26 |
| (11) Gross malpractice. |
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| (12) Discipline by another state, District of | 2 |
| Columbia, territory, or foreign nation, if at least one of | 3 |
| the grounds for the discipline is the same or substantially | 4 |
| equivalent to those set forth in this Section. | 5 |
| (13) Directly or indirectly giving to or receiving from | 6 |
| any person, firm, corporation, partnership, or association | 7 |
| any fee, commission, rebate, or other form of compensation | 8 |
| for professional services not actually or personally | 9 |
| rendered. | 10 |
| (14) A finding by the Department that the licensee, | 11 |
| after having its license placed on probationary status, has | 12 |
| violated the terms of probation. | 13 |
| (15) Willfully making or filing false records or | 14 |
| reports, including, but not limited to, false records filed | 15 |
| with State agencies or departments. | 16 |
| (16) Gross, willful, or continued overcharging for | 17 |
| professional services, including filing false statements | 18 |
| for collection of fees for which services are not rendered. | 19 |
| (17) Practicing under a false or, except as provided by
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| law, an assumed name. | 21 |
| (18) Cheating on or attempting to subvert this Act's | 22 |
| licensing application process. | 23 |
| (Source: P.A. 96-863, eff. 3-1-12.)
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| (410 ILCS 18/13)
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| (Text of Section before amendment by P.A. 96-863 )
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| (Section scheduled to be repealed on January 1, 2021) | 2 |
| Sec. 13. License; display; transfer; duration.
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| (a) Every license issued under this Act must state the | 4 |
| number of the
license, the
business name and address of the | 5 |
| licensee's principal place of business, and
the licensee's
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| parent company, if any. The license must be conspicuously | 7 |
| posted in the place
of business
operating under the license.
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| (b) No license is transferable or assignable without the | 9 |
| express
written
consent of the Comptroller. A transfer of more | 10 |
| than 50% of the ownership of any
business licensed under this | 11 |
| Act shall be deemed to be an attempted assignment
of
the | 12 |
| license
originally issued to the licensee for whom consent of | 13 |
| the Comptroller is
required.
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| (c) Every license issued under this Act shall remain in | 15 |
| force until it has
been
surrendered, suspended, or revoked in | 16 |
| accordance with this Act.
Upon
the request of an interested | 17 |
| person or on the Comptroller's own motion, the
Comptroller may
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| issue a new
license to a licensee whose license has been | 19 |
| revoked under this Act if no
factor or
condition then exists | 20 |
| which would have warranted the Comptroller in
originally | 21 |
| refusing
the issuance of the license.
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| (Source: P.A. 92-675, eff. 7-1-03.)
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| (Text of Section after amendment by P.A. 96-863 )
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| (Section scheduled to be repealed on January 1, 2021) | 25 |
| Sec. 13. License; display; transfer; duration.
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| (a) Every license issued under this Act must state the | 2 |
| number of the
license, the
business name and address of the | 3 |
| licensee's principal place of business, and
the licensee's
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| parent company, if any. The license must be conspicuously | 5 |
| posted in the place
of business
operating under the license.
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| (b) After initial licensure, if any person comes to obtain | 7 |
| at least 51% 25% of the ownership over the licensed crematory | 8 |
| authority, then the crematory authority shall have to apply for | 9 |
| a new license and receive licensure in the required time as set | 10 |
| out by rule.
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| (c) Every license issued under this Act shall remain in | 12 |
| force until it has
been
surrendered, suspended, or revoked in | 13 |
| accordance with this Act.
Upon
the request of an interested | 14 |
| person or on the Department's own motion, the Department
may
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| issue a new
license to a licensee whose license has been | 16 |
| revoked under this Act if no
factor or
condition then exists | 17 |
| which would have warranted the Department in
originally | 18 |
| refusing
the issuance of the license.
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| (Source: P.A. 96-863, eff. 3-1-12.)
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| Section 15. The Cemetery Protection Act is amended by | 21 |
| changing Section .01 as follows:
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| (765 ILCS 835/.01) (from Ch. 21, par. 14.01)
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| Sec. .01. For the purposes of this Act, the term:
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| "Cemetery authority" means an individual or legal entity |
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| that owns or controls cemetery lands or property. | 2 |
| "Cemetery manager" means an individual who is engaged in, | 3 |
| or holding himself or herself out as engaged in, those | 4 |
| activities involved in or incidental to supervising the | 5 |
| following: the maintenance, operation, development, or | 6 |
| improvement of a cemetery licensed under this Act; the | 7 |
| interment of human remains; or the care, preservation, and | 8 |
| embellishment of cemetery property. This definition also | 9 |
| includes, without limitation, an individual that is an | 10 |
| independent contractor or individuals employed or contracted | 11 |
| by an independent contractor who is engaged in, or holding | 12 |
| himself or herself out as engaged in, those activities involved | 13 |
| in or incidental to supervising the following: the maintenance, | 14 |
| operation, development, or improvement of a cemetery licensed | 15 |
| under this Act; the interment of human remains; or the care, | 16 |
| preservation, and embellishment of cemetery property.
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| "Community mausoleum" means a mausoleum owned and operated | 18 |
| by a cemetery authority that contains multiple entombment | 19 |
| rights sold to the public.
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| (Source: P.A. 96-863, eff. 3-1-10.)
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| Section 95. No acceleration or delay. Where this Act makes | 22 |
| changes in a statute that is represented in this Act by text | 23 |
| that is not yet or no longer in effect (for example, a Section | 24 |
| represented by multiple versions), the use of that text does | 25 |
| not accelerate or delay the taking effect of (i) the changes |
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| made by this Act or (ii) provisions derived from any other | 2 |
| Public Act.
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