State of Illinois
92nd General Assembly
Legislation

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92_HB1825enr

 
HB1825 Enrolled                               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 Enrolled             -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 Enrolled             -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 Enrolled             -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 Enrolled             -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 Enrolled             -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.

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