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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] |
92_HB1825eng HB1825 Engrossed LRB9202574EGfgA 1 AN ACT in relation to the cremation of companion animals. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Companion Animal Cremation Act. 6 Section 5. Definitions. For the purposes of this Act, 7 unless the context indicates otherwise: 8 "Companion animal" or "animal" means a deceased animal 9 that had a companion or pet relationship with an owner at the 10 time of the animal's death. 11 "Provider of companion animal cremation services" or 12 "provider" means a person, company, or other entity engaging 13 in the business of cremating deceased companion animals in 14 Illinois. 15 "Cremation remains" means the material remaining after 16 the cremation of an animal, which may include ashes, skeletal 17 remains, and other residue resulting from the incineration 18 process, and may be pulverized or otherwise processed by the 19 provider of cremation services. 20 "Individually partitioned cremation" means a cremation 21 process in which either (i) only one companion animal at a 22 time is cremated in the incinerator or (ii) more than one 23 companion animal is cremated in the incinerator at the same 24 time, but each of the animals is completely separated from 25 the others by partitions during the cremation process; and in 26 which the commingling of significant amounts of cremation 27 remains from different animals is unlikely to occur. 28 "Communal cremation" means a cremation process in which 29 companion animals are cremated together without effective 30 partitions or separation during the cremation process, and in 31 which the commingling of significant amounts of cremation HB1825 Engrossed -2- LRB9202574EGfgA 1 remains from different animals is likely or certain to occur. 2 "Commingling of significant amounts of cremation remains 3 from different animals" means that specific cremation remains 4 cannot be attributed to a particular animal, or that the 5 cremation remains attributed to one companion animal contain 6 more than 1% by weight of cremation remains from one or more 7 other companion animals. The presence, in the cremation 8 remains of a companion animal, of the remains of any creature 9 that was contained within the body of that animal at the time 10 of cremation (including parasites, insects, and food or 11 creatures eaten by that companion animal) does not constitute 12 "commingling" for the purposes of this Act. 13 A person or business entity is deemed to refer animal 14 owners or bring business to a provider "on a regular basis" 15 if the person or entity (i) has an ongoing contractual or 16 agency relationship with the provider relating to the 17 cremation of companion animals, (ii) receives any 18 compensation or consideration from the provider or animal 19 owners relating to the cremation of companion animals by the 20 provider, or (iii) refers or brings to the provider the 21 business of more than 5 animal owners in an average month. 22 Section 10. Written explanation of services. 23 (a) A provider of companion animal cremation services 24 must prepare a written explanation of the services offered, 25 which may but need not be in the form of a brochure. 26 The written explanation of services must include a 27 detailed explanation of each service offered. For each type 28 or level of cremation service offered, the written 29 explanation of services shall disclose the specific services 30 to be provided. 31 If any part of the deceased companion animal will be 32 removed, used, or sold by the provider before or after the 33 cremation, the written explanation of services must disclose HB1825 Engrossed -3- LRB9202574EGfgA 1 that fact. 2 (b) The written explanation of services must not include 3 any false or misleading information. A written explanation 4 of services is misleading if: 5 (1) it fails to include a detailed explanation of 6 the cremation services offered or fails to include, for 7 each type or level of cremation service offered, any of 8 the disclosures required under subsection (a); 9 (2) it uses the term "private" or "individual" with 10 respect to any communal cremation procedure or with 11 respect to an individually partitioned cremation 12 procedure that will cremate more than one companion 13 animal at the same time; 14 (3) it uses the term "individually partitioned" or 15 "separate" with respect to a communal cremation process; 16 or 17 (4) it includes any text, picture, illustration, or 18 combination thereof, or uses any layout, typography, or 19 color scheme, in a way that is likely to lead a person of 20 normal intelligence to misunderstand the nature of the 21 services to be provided or to fail to read or understand 22 certain parts of the written explanation of services. 23 (c) A provider of companion animal cremation services 24 shall provide the written explanation of services, without 25 charge: 26 (1) to the owner of each deceased animal with whom 27 the provider agrees to provide cremation services, or the 28 person making cremation arrangements on the owner's 29 behalf; 30 (2) to all veterinarians, pet shops, and other 31 persons or entities known to the provider who refer 32 animal owners or bring deceased animals to the provider 33 on a regular basis, in quantities sufficient for 34 distribution by those persons or entities to the animal HB1825 Engrossed -4- LRB9202574EGfgA 1 owners whose business is being referred or brought to the 2 provider; 3 (3) to the Office of the Attorney General, at least 4 annually; and 5 (4) to any other person upon request. 6 (d) The preparation or distribution by a provider of a 7 written explanation of services that the provider knows or 8 should know to be false or misleading constitutes a business 9 offense, punishable by a fine of at least $1,001 but not more 10 than $1,500 for a first offense and at least $2,000 but not 11 more than $2,500 for each subsequent offense. 12 A knowing failure to prepare or distribute a written 13 explanation of services as required by this Section 14 constitutes a business offense, punishable by a fine of at 15 least $1,001 but not more than $1,500 for a first offense and 16 at least $2,000 but not more than $2,500 for each subsequent 17 offense. 18 Section 15. Persons referring or bringing business to a 19 provider. 20 (a) A veterinarian, pet shop, or other person or 21 business entity that refers owners of deceased animals, or 22 persons making arrangements on an owner's behalf, to a 23 provider on a regular basis shall make available a copy of 24 the provider's written explanation of services to the animal 25 owner, or person making arrangements on the owner's behalf, 26 at the time of the referral. 27 (b) A veterinarian, pet shop, or other person or 28 business entity that accepts deceased companion animals for 29 cremation through services obtained from a provider on a 30 regular basis shall make available a copy of the provider's 31 written explanation of services to each animal owner, or 32 person making arrangements on the owner's behalf, from whom a 33 deceased companion animal is accepted. HB1825 Engrossed -5- LRB9202574EGfgA 1 (c) It is sufficient for compliance with this Section 2 that a copy of the written explanation of services is given 3 to the animal owner, or the person making arrangements on the 4 owner's behalf, at the time the services are offered. 5 (d) Publishing or otherwise disseminating advertising 6 for a provider of companion animal cremation services does 7 not, in itself, constitute referring or bringing business to 8 that provider for the purposes of this Section. 9 Section 20. Certification; penalty for false 10 certification. 11 (a) Whenever a provider of companion animal cremation 12 services undertakes to provide services that include the 13 return of the cremation remains of the cremated animal, the 14 provider shall include a certification along with the 15 returned cremation remains, declaring to the best of the 16 provider's knowledge and belief that, except as otherwise 17 specifically indicated in the certificate, the cremation and 18 any other services specified were provided in accordance with 19 the representations of the provider in the applicable 20 portions of the provider's written explanation of services. 21 (b) To knowingly make a false certification under 22 subsection (a) is a business offense, punishable by a fine of 23 at least $1,001 but not more than $1,500 for a first offense 24 and at least $2,000 but not more than $2,500 for each 25 subsequent offense. 26 Section 95. The Consumer Fraud and Deceptive Business 27 Practices Act is amended by adding Section 2KK as follows: 28 (815 ILCS 505/2KK new) 29 Sec. 2KK. Animal cremation services. It is an unlawful 30 practice within the meaning of this Act for a provider of 31 companion animal cremation services (1) to fail to prepare or HB1825 Engrossed -6- LRB9202574EGfgA 1 distribute a written explanation of services as required by 2 the Companion Animal Cremation Act; (2) to prepare or 3 distribute a written explanation of services under that Act 4 that the provider knows or should know to be false or 5 misleading; or (3) to knowingly make a false certification 6 under Section 20 of that Act.