State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ Enrolled ]


92_HB4696ham001

 










                                           LRB9213054DJgcam02

 1                    AMENDMENT TO HOUSE BILL 4696

 2        AMENDMENT NO.     .  Amend House Bill 4696  by  replacing
 3    the title with the following:
 4        "AN ACT in relation to public health."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5. The Crematory Regulation Act  is  amended  by
 8    changing  Sections  5,  10,  35,  55,  and  60  and by adding
 9    Sections 11, 11.5, 12, 13,  14,  19,  22,  62,  62.5,  62.10,
10    62.15, and 62.20 as follows:

11        (410 ILCS 18/5)
12        Sec. 5. Definitions. As used in this Act:
13        "Alternative  container" means a receptacle, other than a
14    casket,  in  which  human  remains  are  transported  to  the
15    crematory and placed in the cremation chamber for  cremation.
16    An  alternative  container  shall  be (i) composed of readily
17    combustible materials suitable for cremation, (ii) able to be
18    closed in order to provide a complete covering for the  human
19    remains,  (iii)  resistant to leakage or spillage, (iv) rigid
20    enough for handling  with  ease,  and  (v)  able  to  provide
21    protection  for the health, safety, and personal integrity of
 
                            -2-            LRB9213054DJgcam02
 1    crematory personnel.
 2        "Authorizing agent" means a person  legally  entitled  to
 3    order  the  cremation and final disposition of specific human
 4    remains.
 5        "Body parts" means limbs or other portions of the anatomy
 6    that are removed from a person or human remains  for  medical
 7    purposes  during  treatment,  surgery,  biopsy,  autopsy,  or
 8    medical  research;  or  human bodies or any portion of bodies
 9    that have  been  donated  to  science  for  medical  research
10    purposes.
11        "Burial transit permit" means a permit for disposition of
12    a dead human body as required by Illinois law.
13        "Casket" means a rigid container that is designed for the
14    encasement  of human remains, is usually constructed of wood,
15    metal, or like material and ornamented and lined with fabric,
16    and may or may not be combustible.
17        "Change of ownership" means a transfer of more  than  50%
18    of the stock or assets of a crematory authority.
19        "Comptroller"  means  the  Comptroller  of  the  State of
20    Illinois.
21        "Cremated remains"  means  all  human  remains  recovered
22    after  the  completion  of  the cremation, which may possibly
23    include the residue of any foreign  matter  including  casket
24    material,  bridgework, or eyeglasses, that  was cremated with
25    the human remains.
26        "Cremation" means the technical process, using  heat  and
27    flame,  that  reduces  human  remains to bone fragments.  The
28    reduction takes place through heat and evaporation. Cremation
29    shall  include  the  processing,   and    may   include   the
30    pulverization, of the bone fragments.
31        "Cremation chamber" means the enclosed space within which
32    the  cremation takes place.
33        "Cremation  interment  container"  means  a  rigid  outer
34    container   that,   subject   to   a   cemetery's  rules  and
 
                            -3-            LRB9213054DJgcam02
 1    regulations, is composed of concrete, steel,  fiberglass,  or
 2    some  similar  material  in  which  an urn is placed prior to
 3    being interred in  the  ground,  and  which  is  designed  to
 4    withstand  prolonged  exposure to the elements and to support
 5    the earth above the urn.
 6        "Cremation room" means the room in  which  the  cremation
 7    chamber is located.
 8        "Crematory"  means  the building or portion of a building
 9    that houses the cremation room and the holding facility.
10        "Crematory authority"  means  the  legal  entity  or  the
11    authorized  representative  of  the  legal  entity  which  is
12    licensed registered by the Comptroller to operate a crematory
13    and to perform cremations.
14        "Department"  means  the  Illinois  Department  of Public
15    Health.
16        "Final disposition" means the burial, cremation, or other
17    disposition of a dead human body or parts  of  a  dead  human
18    body.
19        "Funeral  director"  means a person known by the title of
20    "funeral director", "funeral director and embalmer", or other
21    similar words or titles, licensed by the  State  to  practice
22    funeral directing or funeral directing and embalming.
23        "Funeral  establishment"  means  a  building  or separate
24    portion of a building having a specific  street  address  and
25    location  and  devoted to activities relating to the shelter,
26    care, custody, and preparation of a deceased human  body  and
27    may contain facilities for funeral or wake  services.
28        "Holding  facility"  means an area that (i) is designated
29    for the retention of human remains prior to  cremation,  (ii)
30    complies   with  all  applicable  public  health  law,  (iii)
31    preserves the  health and safety of the  crematory  authority
32    personnel,  and  (iv)  is  secure from access by anyone other
33    than authorized  persons.  A holding facility may be  located
34    in a cremation room.
 
                            -4-            LRB9213054DJgcam02
 1        "Human  remains"  means  the  body  of a deceased person,
 2    including  any  form  of  body  prosthesis  that   has   been
 3    permanently attached or  implanted in the body.
 4        "Niche"   means   a   compartment   or  cubicle  for  the
 5    memorialization and permanent placement of an urn  containing
 6    cremated remains.
 7        "Processing"  means  the  reduction  of identifiable bone
 8    fragments after the completion of the  cremation  process  to
 9    unidentifiable bone fragments by manual or mechanical means.
10        "Pulverization"  means the reduction of identifiable bone
11    fragments after the completion of the  cremation  process  to
12    granulated particles by  manual or mechanical means.
13        "Scattering  area"  means an area which may be designated
14    by a cemetery and  located  on  dedicated  cemetery  property
15    where  cremated  remains,  which have been removed from their
16    container, can be mixed with, or placed on top of,  the  soil
17    or ground cover.
18        "Temporary  container"  means  a  receptacle for cremated
19    remains, usually composed of cardboard,  plastic  or  similar
20    material,  that  can  be closed in a manner that prevents the
21    leakage or spillage of the cremated remains or  the  entrance
22    of  foreign material, and is a single container of sufficient
23    size to hold the cremated remains until an urn is acquired or
24    the cremated remains are scattered.
25        "Urn" means a receptacle designed to encase the  cremated
26    remains.
27    (Source: P.A. 87-1187.)

28        (410 ILCS 18/10)
29        Sec.  10.  Establishment  of  crematory   and   licensing
30    registration of crematory authority.
31        (a)  Any  person  doing  business  in  this State, or any
32    cemetery, funeral  establishment,  corporation,  partnership,
33    joint  venture,  voluntary  organization or any other entity,
 
                            -5-            LRB9213054DJgcam02
 1    may erect, maintain, and operate a crematory  in  this  State
 2    and  provide  the necessary appliances and facilities for the
 3    cremation of human remains in accordance with this Act.
 4        (b)  A crematory shall be subject to  all  local,  State,
 5    and  federal health and environmental protection requirements
 6    and shall obtain all necessary licenses and permits from  the
 7    Department,  the  federal  Department  of  Health  and  Human
 8    Services,   and   the   Illinois  and  federal  Environmental
 9    Protection Agencies, or such other appropriate local,  State,
10    or federal agencies.
11        (c)  A crematory may be constructed on or adjacent to any
12    cemetery,  on or adjacent to any funeral establishment, or at
13    any other location consistent with local zoning regulations.
14        (d)  An  application  for  licensure  registration  as  a
15    crematory authority shall be in writing on forms furnished by
16    the Comptroller. Applications shall be accompanied by  a  fee
17    of $50 and shall contain all of the following:
18             (1)  The  full  name and address, both residence and
19        business,  of  the  applicant  if  the  applicant  is  an
20        individual; the full name and address of every member  if
21        the applicant is a partnership; the full name and address
22        of  every  member  of  the  board  of  directors  if  the
23        applicant  is an association; and the name and address of
24        every officer, director,  and  shareholder  holding  more
25        than  25%  of  the  corporate stock if the applicant is a
26        corporation.
27             (2)  The address and location of the crematory.
28             (3)  A description of  the  type  of  structure  and
29        equipment  to  be used in the operation of the crematory,
30        including the  operating  permit  number  issued  to  the
31        cremation device by the Illinois Environmental Protection
32        Agency.
33             (3.5)  Attestation   by  the  owner  that  cremation
34        services shall be by a person trained in accordance  with
 
                            -6-            LRB9213054DJgcam02
 1        the requirements of Section 22 of this Act.
 2             (3.10)  A    copy    of    the    certification   or
 3        certifications issued by the certification program to the
 4        person or persons who will operate the cremation device.
 5             (4)  Any further information  that  the  Comptroller
 6        reasonably may require.
 7        (e)  Each crematory authority shall file an annual report
 8    with  the  Comptroller, accompanied with a $25 fee, providing
 9    (i) an  affidavit  signed  by  the  owner  of  the  crematory
10    authority that at the time of the report the cremation device
11    was  in  proper operating condition, (ii) the total number of
12    all cremations performed at the  crematory  during  the  past
13    year,  (iii)  attestation by the licensee that all applicable
14    permits and certifications are valid, and (iv) either (A) any
15    changes required in the information provided under subsection
16    (d) or (B) an indication  indicating  that  no  changes  have
17    occurred.  The  annual  report  shall be filed by a crematory
18    authority on or before March 15 of each calendar year, in the
19    Office of the Comptroller. If the fiscal year of a  crematory
20    authority  is  other  than on a calendar year basis, then the
21    crematory authority shall file the report  required  by  this
22    Section  within 75 days after the end of its fiscal year. The
23    Comptroller shall, for good cause shown, grant  an  extension
24    for  the filing of the annual report upon the written request
25    of the crematory authority. An extension shall not exceed  60
26    days.  If  a  crematory  authority  fails to submit an annual
27    report to the Comptroller within the time specified  in  this
28    Section,  the  Comptroller  shall  impose  upon the crematory
29    authority a  penalty  of  $5  for  each  and  every  day  the
30    crematory  authority  remains  delinquent  in  submitting the
31    annual report.  The Comptroller may abate all or part of  the
32    $5 daily penalty for good cause shown.
33        (f)  All  records  required  to  be maintained under this
34    Act, including but not  limited  to  those  relating  to  the
 
                            -7-            LRB9213054DJgcam02
 1    license  registration  and  annual  report  of  the crematory
 2    authority required to be filed under this Section,  shall  be
 3    subject  to  inspection  by  the  Comptroller upon reasonable
 4    notice.
 5        (g)  The Comptroller may inspect crematory records at the
 6    crematory  authority's  place  of  business  to  review   the
 7    licensee's  compliance  with  this  Act.  The inspection must
 8    include verification that:
 9             (1)  the  crematory  authority  has  complied   with
10        record-keeping requirements of this Act;
11             (2)  a  crematory device operator's certification of
12        training is conspicuously displayed at the crematory;
13             (3)  the cremation device has  a  current  operating
14        permit  issued  by  the Illinois Environmental Protection
15        Agency and the permit is conspicuously displayed  in  the
16        crematory;
17             (4)  the  crematory  authority is in compliance with
18        local zoning requirements; and
19             (5)  the crematory authority license issued  by  the
20        Comptroller is conspicuously displayed at the crematory.
21        (h)  The  Comptroller shall issue licenses under this Act
22    to the crematories that are registered with  the  Comptroller
23    as   of   July  1,  2003  without  requiring  the  previously
24    registered crematories to complete license applications.
25    (Source: P.A. 92-419, eff. 1-1-02.)

26        (410 ILCS 18/11 new)
27        Sec. 11. Grounds for refusal of license or suspension  or
28    revocation of license.
29        (a)  In  this Section, "applicant" means a person who has
30    applied for a license under this Act.
31        (b)  The Comptroller may refuse to issue a license  under
32    this  Act,  or  may  suspend or revoke a license issued under
33    this Act, on any of the following grounds:
 
                            -8-            LRB9213054DJgcam02
 1             (1)  The  applicant  or  licensee   has   made   any
 2        misrepresentation  or  false  statement  or concealed any
 3        material fact in connection with a license application or
 4        licensure under this Act.
 5             (2)  The applicant or licensee has been  engaged  in
 6        business practices that work a fraud.
 7             (3)  The  applicant  or licensee has refused to give
 8        information required under this Act to  be  disclosed  to
 9        the Comptroller.
10             (4)  The  applicant  or licensee has conducted or is
11        about to  conduct  cremation  business  in  a  fraudulent
12        manner.
13             (5)  As  to  any  individual  listed  in the license
14        application as required under Section 10, that individual
15        has conducted  or  is  about  to  conduct  any  cremation
16        business  on  behalf  of  the  applicant  in a fraudulent
17        manner or has been convicted of any felony or misdemeanor
18        an essential element of which is fraud.
19             (6)  The applicant or licensee has  failed  to  make
20        the  annual report required by this Act or to comply with
21        a final order, decision, or finding  of  the  Comptroller
22        made under this Act.
23             (7)  The   applicant   or  licensee,  including  any
24        member, officer, or director of the applicant or licensee
25        if the applicant or  licensee  is  a  firm,  partnership,
26        association, or corporation and including any shareholder
27        holding  more  than  25%  of  the  corporate stock of the
28        applicant or licensee, has violated any provision of this
29        Act or any regulation or order made  by  the  Comptroller
30        under this Act.
31             (8)  The  Comptroller  finds  any  fact or condition
32        existing that, if it had  existed  at  the  time  of  the
33        original  application for a license under this Act, would
34        have warranted the Comptroller in refusing  the  issuance
 
                            -9-            LRB9213054DJgcam02
 1        of the license.

 2        (410 ILCS 18/11.5 new)
 3        Sec. 11.5. License revocation or suspension; surrender of
 4    license.
 5        (a)  Upon   determining   that   grounds  exist  for  the
 6    revocation or suspension of a license issued under this  Act,
 7    the  Comptroller,  if  appropriate, may revoke or suspend the
 8    license issued to the licensee.
 9        (b)  Upon the  revocation  or  suspension  of  a  license
10    issued   under   this  Act,  the  licensee  must  immediately
11    surrender the license to the  Comptroller.  If  the  licensee
12    fails to do so, the Comptroller may seize the license.

13        (410 ILCS 18/12 new)
14        Sec.  12.  Surrender  of  license;  effect  on licensee's
15    liability. A licensee may surrender a  license  issued  under
16    this  Act  by  delivering to the Comptroller a written notice
17    stating that the licensee thereby surrenders the license, but
18    such a surrender does not  affect  the  licensee's  civil  or
19    criminal liability for acts committed before the surrender.

20        (410 ILCS 18/13 new)
21        Sec. 13. License; display; transfer; duration.
22        (a)  Every  license  issued under this Act must state the
23    number of the license, the business name and address  of  the
24    licensee's  principal  place  of business, and the licensee's
25    parent company, if any. The  license  must  be  conspicuously
26    posted in the place of business operating under the license.
27        (b)  No license is transferable or assignable without the
28    express  written  consent  of  the Comptroller. A transfer of
29    more than 50% of the ownership of any business licensed under
30    this Act shall be deemed to be an attempted assignment of the
31    license originally issued to the licensee for whom consent of
 
                            -10-           LRB9213054DJgcam02
 1    the Comptroller is required.
 2        (c)  Every license issued under this Act shall remain  in
 3    force until it has been surrendered, suspended, or revoked in
 4    accordance  with  this Act. Upon the request of an interested
 5    person or on the Comptroller's own  motion,  the  Comptroller
 6    may  issue a new license to a licensee whose license has been
 7    revoked under this Act if no factor or condition then  exists
 8    which  would  have  warranted  the  Comptroller in originally
 9    refusing the issuance of the license.

10        (410 ILCS 18/14 new)
11        Sec. 14. Display of cremation device permit. A  crematory
12    authority must conspicuously display in its place of business
13    the  operating  permit  issued to its cremation device by the
14    Illinois Environmental  Protection  Agency.   All  rulemaking
15    authority  in connection with such operating permits shall be
16    vested with the Illinois Environmental Protection Agency.

17        (410 ILCS 18/19 new)
18        Sec. 19. Cremation only in crematory. An individual or  a
19    person,   cemetery,   funeral   establishment,   corporation,
20    partnership,  joint venture, voluntary organization, or other
21    entity may cremate human remains only in a crematory operated
22    by a crematory authority licensed for this purpose  and  only
23    under the limitations provided in this Act.

24        (410 ILCS 18/22 new)
25        Sec.  22.  Performance  of cremation service; training. A
26    person may not perform a  cremation  service  in  this  State
27    unless  he  or  she  has  completed  training  in  performing
28    cremation  services  and  received certification by a program
29    recognized by the Comptroller. The crematory  authority  must
30    conspicuously  display  the  certification  at  the crematory
31    authority's place of business.  Any new employee shall have a
 
                            -11-           LRB9213054DJgcam02
 1    reasonable time period, not to exceed one year, to  attend  a
 2    recognized   training  program.   In  the  interim,  the  new
 3    employee may perform a cremation service if  he  or  she  has
 4    received  training  from  another  person  who  has  received
 5    certification by a program recognized by the Comptroller. For
 6    purposes  of  this  Act,  the Comptroller shall recognize any
 7    training program that provides training in the operation of a
 8    cremation device, in the maintenance of a clean facility, and
 9    in the proper handling of  human  remains.   The  Comptroller
10    shall  recognize any course that is conducted by a death care
11    trade association in Illinois or the United States  or  by  a
12    manufacturer  of a cremation unit that is consistent with the
13    standards provided in this Act.

14        (410 ILCS 18/35)
15        Sec. 35.  Cremation procedures.
16        (a)  Human remains shall not be cremated within 24  hours
17    after  the  time  of  death,  as  indicated  on  the  Medical
18    Examiner's/Coroner's Certificate of Death.  In any death, the
19    human   remains  shall  not  be  cremated  by  the  crematory
20    authority until a  cremation permit has  been  received  from
21    the  coroner  or  medical examiner of the county in which the
22    death occurred and the crematory  authority  has  received  a
23    cremation  authorization  form,  executed  by  an authorizing
24    agent, in accordance with the provisions  of  Section  15  of
25    this  Act.   In no instance, however, shall the lapse of time
26    between the death and the cremation be less  than  24  hours,
27    unless  (i)  it  is  known  the deceased has an infectious or
28    dangerous disease and that the time requirement is waived  in
29    writing  by  the  medical examiner or coroner where the death
30    occurred or (ii) because of a religious requirement.
31        (b)  Except as  set  forth  in  subsection  (a)  of  this
32    Section,  a  crematory  authority  shall  have  the  right to
33    schedule the actual cremation to  be  performed  at  its  own
 
                            -12-           LRB9213054DJgcam02
 1    convenience,  at  any  time after the human remains have been
 2    delivered to the crematory authority,  unless  the  crematory
 3    authority  has received specific instructions to the contrary
 4    on the  cremation authorization form.
 5        (c)  No crematory authority shall cremate  human  remains
 6    when  it  has  actual knowledge that human remains contain  a
 7    pacemaker or any other material  or    implant  that  may  be
 8    potentially   hazardous   to   the   person   performing  the
 9    cremation.
10        (d)  No crematory authority shall refuse to accept  human
11    remains  for  cremation  because  such  human remains are not
12    embalmed.
13        (e)  Whenever  a  crematory  authority   is   unable   or
14    unauthorized to cremate human remains immediately upon taking
15    custody  of  the remains, the crematory authority shall place
16    the human remains in a  holding facility in  accordance  with
17    the   crematory   authority's   rules  and  regulations.  The
18    crematory authority must notify the authorizing agent of  the
19    reasons  for  delay  in  cremation  if  a properly authorized
20    cremation is not performed within any time  period  expressly
21    contemplated in the authorization.
22        (f)  A  crematory  authority shall not accept a casket or
23    alternative container from which there is any evidence of the
24    leakage of body fluids.
25        (g)  The casket or the  alternative  container  shall  be
26    cremated  with  the  human  remains  or destroyed, unless the
27    crematory authority has notified the authorizing agent to the
28    contrary on the cremation authorization form and obtained the
29    written consent of the authorizing agent.
30        (h)  The simultaneous cremation of the human  remains  of
31    more  than  one  person  within  the  same cremation chamber,
32    without the prior written consent of the  authorizing  agent,
33    is  prohibited.  Nothing  in  this subsection, however, shall
34    prevent the simultaneous cremation within the same  cremation
 
                            -13-           LRB9213054DJgcam02
 1    chamber  of  body  parts delivered to the crematory authority
 2    from multiple sources, or the use of cremation equipment that
 3    contains more than one cremation chamber.
 4        (i)  No unauthorized person shall  be  permitted  in  the
 5    holding  facility  or  cremation room while any human remains
 6    are being held there awaiting cremation, being  cremated,  or
 7    being removed from the cremation  chamber.
 8        (j)  A  crematory  authority  shall not remove any dental
 9    gold, body parts, organs, or any item of value  prior  to  or
10    subsequent  to a cremation without previously having received
11    specific written authorization from the authorizing agent and
12    written instructions for the delivery of these items  to  the
13    authorizing  agent.  Under no circumstances shall a crematory
14    authority profit from making or assisting in any  removal  of
15    valuables.
16        (k)  Upon  the  completion of each cremation, and insofar
17    as is practicable, all of  the  recoverable  residue  of  the
18    cremation   process  shall  be  removed  from  the  cremation
19    chamber.
20        (l)  If all of the recovered cremated  remains  will  not
21    fit  within  the  receptacle  that  has  been  selected,  the
22    remainder  of  the  cremated remains shall be returned to the
23    authorizing agent or  the  agent's  designee  in  a  separate
24    container.   The  crematory  authority shall not return to an
25    authorizing agent  or  the  agent's  designee  more  or  less
26    cremated   remains  than  were  removed  from  the  cremation
27    chamber.
28        (m)  A crematory authority shall not knowingly  represent
29    to  an  authorizing  agent  or  the  agent's  designee that a
30    temporary container or urn contains the cremated remains of a
31    specific decedent when it does not.
32        (n)  Cremated remains shall be shipped only by  a  method
33    that  has  an  internal  tracing  system  available  and that
34    provides a receipt signed by the person accepting delivery.
 
                            -14-           LRB9213054DJgcam02
 1        (o)  A   crematory   authority    shall    maintain    an
 2    identification system that shall ensure that it shall be able
 3    to  identify  the  human remains in its possession throughout
 4    all phases of the cremation process.
 5    (Source: P.A. 87-1187.)

 6        (410 ILCS 18/55)
 7        Sec. 55. Penalties.
 8        Violations of this Act shall be punishable as follows:
 9             (1)  Performing a cremation  without  receipt  of  a
10        cremation  authorization  form  signed  by an authorizing
11        agent shall be a Class 4 felony.
12             (2)  Signing a cremation authorization form with the
13        actual  knowledge  that  the  form  contains   false   or
14        incorrect information shall be a  Class 4 felony.
15             (3)  A  Violation  of  any  cremation  procedure set
16        forth in Section 35 shall be a Class 4 felony.
17             (4)  Holding  oneself  out  to  the  public   as   a
18        crematory  authority,  or the  operation of a building or
19        structure within this State as a crematory, without being
20        licensed registered under this Act, shall be  a  Class  A
21        misdemeanor.
22             (4.5)  Performance  of  a  cremation  service  by  a
23        person  who  has  not    completed  a training program as
24        defined in Section 22 of this Act  shall  be  a  Class  A
25        misdemeanor.
26             (4.10)  Any  person  who  intentionally  violates  a
27        provision of this Act or a final order of the Comptroller
28        is  liable  for  a civil penalty not to exceed $5,000 per
29        violation.
30             (4.15)  Any person who knowingly acts without proper
31        legal authority and who willfully and knowingly  destroys
32        or  damages  the remains of a deceased human being or who
33        desecrates human remains is guilty of a Class 3 felony.
 
                            -15-           LRB9213054DJgcam02
 1             (5)  A violation of any other provision of this  Act
 2        shall be a  Class B misdemeanor.
 3    (Source: P.A. 87-1187.)

 4        (410 ILCS 18/60)
 5        Sec.  60.  Failure  to  file  annual  report.  Whenever a
 6    crematory authority refuses or neglects to  file  its  annual
 7    report  in  violation  of Section 10 of this Act, or fails to
 8    otherwise  comply  with  the   registration   or   inspection
 9    requirements  of  Section 10 of this Act, the Comptroller may
10    commence an administrative proceeding as authorized  by  this
11    Act  or  may  shall  communicate  the  facts  to the Attorney
12    General  of  the  State  of  Illinois  who  shall   thereupon
13    institute such proceedings against the crematory authority or
14    its officers as the nature of the case may require.
15    (Source: P.A. 87-1187.)

16        (410 ILCS 18/62 new)
17        Sec.  62.  Investigation  of  unlawful  practices. If the
18    Comptroller has good cause  to  believe  that  a  person  has
19    engaged  in,  is  engaging  in,  or is about to engage in any
20    practice in violation of this Act, the Comptroller may do any
21    one or more of the following:
22             (1)  Require that  person  to  file,  on  terms  the
23        Comptroller prescribes, a statement or report in writing,
24        under  oath or otherwise, containing all information that
25        the Comptroller considers necessary to ascertain  whether
26        a  licensee is in compliance with this Act, or whether an
27        unlicensed person is engaging in activities for  which  a
28        license is required under this Act.
29             (2)  Examine  under  oath  any  person in connection
30        with the books and  records  required  to  be  maintained
31        under this Act.
32             (3)  Examine  any  books  and  records of a licensee
 
                            -16-           LRB9213054DJgcam02
 1        that the Comptroller  considers  necessary  to  ascertain
 2        compliance with this Act.
 3             (4)  Require the production of a copy of any record,
 4        book,  document,  account,  or  paper that is produced in
 5        accordance  with  this  Act  and   retain   it   in   the
 6        Comptroller's  possession  until  the  completion  of all
 7        proceedings in connection with which it is produced.

 8        (410 ILCS 18/62.5 new)
 9        Sec. 62.5. Service of notice. Service by the  Comptroller
10    of  any  notice  requiring  a  person  to file a statement or
11    report under this  Act  shall  be  made:  (1)  personally  by
12    delivery  of a duly executed copy of the notice to the person
13    to be served or, if that person is not a natural  person,  in
14    the  manner  provided  in  the  Civil  Practice  Law  when  a
15    complaint  is  filed;  or  (2) by mailing by certified mail a
16    duly executed copy of the notice to the person to  be  served
17    at his or her last known abode or principal place of business
18    within this State.

19        (410 ILCS 18/62.10 new)
20        Sec. 62.10. Investigation of actions; hearing.
21        (a)  The  Comptroller  shall  make  an investigation upon
22    discovering facts that, if proved, would  constitute  grounds
23    for  refusal,  suspension,  or  revocation of a license under
24    this Act.
25        (b)  Before refusing to issue, and before  suspending  or
26    revoking,  a  license  under  this Act, the Comptroller shall
27    hold a hearing to  determine  whether  the  applicant  for  a
28    license  or  the  licensee  ("the respondent") is entitled to
29    hold such a license. At least 10 days before the date set for
30    the hearing, the Comptroller shall notify the  respondent  in
31    writing  that  (i)  on  the designated date a hearing will be
32    held to determine the respondent's eligibility for a  license
 
                            -17-           LRB9213054DJgcam02
 1    and  (ii)  the respondent may appear in person or by counsel.
 2    The  written  notice  may  be  served   on   the   respondent
 3    personally,  or  by  registered or certified mail sent to the
 4    respondent's business address as shown  in  the  respondent's
 5    latest  notification  to  the  Comptroller.  The  notice must
 6    include sufficient information to inform  the  respondent  of
 7    the  general  nature  of  the  reason  for  the Comptroller's
 8    action.
 9        (c)  At  the  hearing,  both  the  respondent   and   the
10    complainant shall be accorded ample opportunity to present in
11    person  or  by  counsel such statements, testimony, evidence,
12    and argument as may be pertinent to  the  charge  or  to  any
13    defense   to  the  charge.  The  Comptroller  may  reasonably
14    continue the hearing from time to time. The  Comptroller  may
15    subpoena  any  person  or  persons  in  this  State  and take
16    testimony orally, by deposition, or by exhibit, in  the  same
17    manner  and  with  the same fees and mileage as prescribed in
18    judicial proceedings in civil cases. Any authorized agent  of
19    the  Comptroller  may  administer  oaths  to witnesses at any
20    hearing that the Comptroller is authorized to conduct.
21        (d)  The Comptroller, at the Comptroller's expense, shall
22    provide a certified  shorthand  reporter  to  take  down  the
23    testimony  and  preserve  a record of every proceeding at the
24    hearing of any case involving the refusal to issue a  license
25    under  this  Act,  the  suspension  or  revocation  of such a
26    license,  the  imposition  of  a  monetary  penalty,  or  the
27    referral of a case for criminal prosecution.  The  record  of
28    any  such  proceeding shall consist of the notice of hearing,
29    the complaint, all other documents in the nature of pleadings
30    and written motions filed in the proceeding,  the  transcript
31    of  testimony,  and the report and orders of the Comptroller.
32    Copies of the transcript of the record may be purchased  from
33    the  certified  shorthand reporter who prepared the record or
34    from the Comptroller.
 
                            -18-           LRB9213054DJgcam02
 1        (410 ILCS 18/62.15 new)
 2        Sec. 62.15. Court order.  Upon  the  application  of  the
 3    Comptroller  or  of  the  applicant  or licensee against whom
 4    proceedings under Section  62.10  are  pending,  any  circuit
 5    court  may  enter  an order requiring witnesses to attend and
 6    testify and requiring the production  of  documents,  papers,
 7    files,  books,  and records in connection with any hearing in
 8    any proceeding under that Section. Failure  to  obey  such  a
 9    court order may result in contempt proceedings.

10        (410 ILCS 18/62.20 new)
11        Sec. 62.20. Judicial review.
12        (a)  Any   person  affected  by  a  final  administrative
13    decision of the Comptroller  under  this  Act  may  have  the
14    decision  reviewed  judicially  by  the  circuit court of the
15    county where  the  person  resides  or,  in  the  case  of  a
16    corporation,  where  the  corporation's  registered office is
17    located. If the plaintiff in the judicial  review  proceeding
18    is  not  a resident of this State, venue shall be in Sangamon
19    County. The provisions of the Administrative Review  Law  and
20    any  rules  adopted  under  it govern all proceedings for the
21    judicial review of  final  administrative  decisions  of  the
22    Comptroller   under   this   Act.  The  term  "administrative
23    decision" is defined as in the Administrative Review Law.
24        (b)  The Comptroller  is  not  required  to  certify  the
25    record  of  the proceeding unless the plaintiff in the review
26    proceeding has purchased a copy of the  transcript  from  the
27    certified  shorthand reporter who prepared the record or from
28    the Comptroller. Exhibits shall be certified without cost.

29        Section 99.  Effective date.  This Act  takes  effect  on
30    July 1, 2003.".

[ Top ]