Text of IL HB 1188 (2010)

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB1188 Introduced 2/11/2009___________, by SYNOPSIS AS INTRODUCED: 20 ILCS 3960/5.4 new Amends the Illinois Health Facilities Planning Act. Provides that a nursing home that receives a nursing home conversion grant under the Older Adult Services Act shall retain the Certificate of Need for its nursing and sheltered care beds that were converted for 15 years, as provided in that Act. Effective immediately. LRB096 08565 DRJ 18688 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB1188 LRB096 08565 DRJ 18688 b 1 AN ACT concerning State government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Health Facilities Planning Act is 5 amended by adding Section 5.4 as follows: 6 (20 ILCS 3960/5.4 new) 7 Sec. 5.4. Nursing home conversions. A nursing home that 8 receives a nursing home conversion grant under Section 30 of 9 the Older Adult Services Act shall retain the Certificate of 10 Need for its nursing and sheltered care beds that were 11 converted for 15 years, as provided in subsection (e) of that 12 Section. 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.

HB1188 Enrolled LRB096 08565 DRJ 18688 b 1 AN ACT concerning State government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Article 5. 5 General Provisions 6 Section 5-1. Short title. This Act may be cited as the 7 Cemetery Oversight Act. 8 Section 5-5. Findings and purpose. The citizens of 9 Illinois have a compelling interest in the expectation that 10 their loved ones will be treated with the same dignity and 11 respect in death as they are entitled to be treated in life. 12 The laws of the State should provide adequate protection in 13 upholding the sanctity of the handling and disposition of human 14 remains and the preservation of final resting places, but 15 without unduly restricting family, ethnic, cultural, and 16 religious traditions. The purpose of this Act is to ensure that 17 the deceased be accorded equal treatment and respect for human 18 dignity without reference to ethnic origins, cultural 19 backgrounds, or religious affiliations. 20 Section 5-10. Declaration of public policy. The practice 21 of cemetery operation in the State of Illinois is hereby HB1188 Enrolled - 2 - LRB096 08565 DRJ 18688 b 1 declared to affect the public health, safety, and well-being of 2 its citizens and to be subject to regulation and control in the 3 public interest. It is further declared that cemetery 4 operation, as defined in this Act, should merit the confidence 5 of the public and that only qualified persons shall be 6 authorized to own, operate, manage, or otherwise control a 7 cemetery in the State of Illinois. This Act shall be liberally 8 construed to best carry out this purpose. 9 Section 5-15. Definitions. In this Act: 10 "Address of record" means the designated address recorded 11 by the Department in the applicant's or licensee's application 12 file or license file. It is the duty of the applicant or 13 licensee to inform the Department of any change of address 14 within 14 days either through the Department's website or by 15 contacting the Department's licensure maintenance unit. The 16 address of record for a cemetery authority shall be the 17 permanent street address of the cemetery. 18 "Applicant" means a person applying for licensure under 19 this Act as a cemetery authority, cemetery manager, or customer 20 service employee. Any applicant or any person who holds himself 21 or herself out as an applicant is considered a licensee for 22 purposes of enforcement, investigation, hearings, and the 23 Illinois Administrative Procedure Act. 24 "Burial permit" means a permit for the disposition of a 25 dead human body that is filed with the Illinois Department of HB1188 Enrolled - 3 - LRB096 08565 DRJ 18688 b 1 Public Health. 2 "Care" means the maintenance of a cemetery and of the lots, 3 graves, crypts, niches, family mausoleums, memorials, and 4 markers therein, including: (i) the cutting and trimming of 5 lawn, shrubs, and trees at reasonable intervals; (ii) keeping 6 in repair the drains, water lines, roads, buildings, fences, 7 and other structures, in keeping with a well-maintained 8 cemetery as provided for in Section 20-5 of this Act and 9 otherwise as required by rule; (iii) maintenance of machinery, 10 tools, and equipment for such care; (iv) compensation of 11 cemetery workers, any discretionary payment of insurance 12 premiums, and any reasonable payments for workers' pension and 13 other benefits plans; and (v) the payment of expenses necessary 14 for such purposes and for maintaining necessary records of lot 15 ownership, transfers, and burials. 16 "Care funds", as distinguished from receipts from annual 17 charges or gifts for current or annual care, means any realty 18 or personalty impressed with a trust by the terms of any gift, 19 grant, contribution, payment, legacy, or pursuant to contract, 20 accepted by any cemetery authority or by any trustee, licensee, 21 agent, or custodian for the same, under Article 15 of this Act, 22 and any income accumulated therefrom, where legally so directed 23 by the terms of the transaction by which the principal was 24 established. 25 "Cemetery" means any land or structure in this State 26 dedicated to and used, or intended to be used, for the HB1188 Enrolled - 4 - LRB096 08565 DRJ 18688 b 1 interment, inurnment, or entombment of human remains. 2 "Cemetery association" means an association of 6 or more 3 persons, and their successors in trust, who have received 4 articles of organization from the Secretary of State to operate 5 a cemetery; the articles of organization shall be in perpetuity 6 and in trust for the use and benefit of all persons who may 7 acquire burial lots in a cemetery. 8 "Cemetery authority" means any individual or legal entity 9 that owns or controls cemetery lands or property. 10 "Cemetery manager" means an individual who is engaged in, 11 or responsible for, or holding himself or herself out as 12 engaged in, those activities involved in or incidental to 13 supervising the following: the maintenance, operation, 14 development, or improvement of a cemetery licensed under this 15 Act; the interment of human remains; or the care, preservation, 16 and embellishment of cemetery property. This definition 17 includes, without limitation, an employee, an individual that 18 is an independent contractor, an individual employed or 19 contracted by an independent contractor, a third-party vendor, 20 or an individual employed or contracted by a third-party vendor 21 who is engaged in, or holding himself or herself out as engaged 22 in, those activities involved in or incidental to supervising 23 the following: the maintenance, operation, development, or 24 improvement of a cemetery licensed under this Act; the 25 interment of human remains; or the care, preservation, and 26 embellishment of cemetery property. HB1188 Enrolled - 5 - LRB096 08565 DRJ 18688 b 1 "Cemetery operation" means to engage or attempt to engage 2 in the interment, inurnment, or entombment of human remains or 3 to engage in or attempt to engage in the care of a cemetery. 4 "Cemetery Oversight Database" means a database certified 5 by the Department as effective in tracking the interment, 6 entombment, or inurnment of human remains. 7 "Cemetery worker" means an individual, including an 8 independent contractor or third-party vendor, who performs any 9 work at the cemetery that is customarily performed by one or 10 more cemetery employees, including openings and closings of 11 vaults and graves, stone settings, inurnments, interments, 12 entombments, administrative work, handling of any official 13 burial records, the preparation of foundations for memorials, 14 and routine cemetery maintenance. This definition does not 15 include uncompensated, volunteer workers. 16 "Certificate of organization" means the document received 17 by a cemetery association from the Secretary of State that 18 indicates that the cemetery association shall be deemed fully 19 organized as a body corporate under the name adopted and in its 20 corporate name may sue and be sued. 21 "Comptroller" means the Comptroller of the State of 22 Illinois. 23 "Consumer" means a person, or the persons given priority 24 for the disposition of an individual's remains under the 25 Disposition of Remains Act, who purchases or is considering 26 purchasing cemetery, burial, or cremation products or services HB1188 Enrolled - 6 - LRB096 08565 DRJ 18688 b 1 from a cemetery authority or crematory authority, whether for 2 themselves or for another person. 3 "Customer service employee" means an individual who has 4 direct contact with consumers and explains cemetery 5 merchandise or services or negotiates, develops, or finalizes 6 contracts with consumers. This definition includes, without 7 limitation, an employee, an individual that is an independent 8 contractor, an individual that is employed or contracted by an 9 independent contractor, a third-party vendor, or an individual 10 that is employed or contracted by a third-party vendor, who has 11 direct contact with consumers and explains cemetery 12 merchandise or services or negotiates, develops, or finalizes 13 contracts with consumers. This definition does not include an 14 employee, an individual that is an independent contractor or an 15 individual that is employed or contracted by an independent 16 contractor, a third party vendor, or an individual that is 17 employed or contracted by a third party vendor, who merely 18 provides a printed cemetery list to a consumer, processes 19 payment from a consumer, or performs sales functions related 20 solely to incidental merchandise like flowers, souvenirs, or 21 other similar items. 22 "Department" means the Department of Financial and 23 Professional Regulation. 24 "Employee" means an individual who works for a cemetery 25 authority where the cemetery authority has the right to control 26 what work is performed and the details of how the work is HB1188 Enrolled - 7 - LRB096 08565 DRJ 18688 b 1 performed regardless of whether federal or State payroll taxes 2 are withheld. 3 "Entombment right" means the right to place individual 4 human remains or individual cremated human remains in a 5 specific mausoleum crypt or lawn crypt selected by a consumer 6 for use as a final resting place. 7 "Family burying ground" means a cemetery in which no lots 8 are sold to the public and in which interments are restricted 9 to the immediate family or a group of individuals related to 10 each other by blood or marriage. 11 "Full exemption" means an exemption granted to a cemetery 12 authority pursuant to subsection (a) of Section 5-20. 13 "Funeral director" means a funeral director as defined by 14 the Funeral Directors and Embalmers Licensing Code. 15 "Grave" means a space of ground in a cemetery used or 16 intended to be used for burial. 17 "Green burial or cremation disposition" means burial or 18 cremation practices that reduce the greenhouse gas emissions, 19 waste, and toxic chemicals ordinarily created in burial or 20 cremation or, in the case of greenhouse gas emissions, mitigate 21 or offset emissions. Such practices include standards for 22 burial or cremation certified by the Green Burial Council or 23 any other organization or method that the Department may name 24 by rule. 25 "Immediate family" means the designated agent of a person 26 or the persons given priority for the disposition of a person's HB1188 Enrolled - 8 - LRB096 08565 DRJ 18688 b 1 remains under the Disposition of Remains Act and shall include 2 a person's spouse, parents, grandparents, children, 3 grandchildren and siblings. 4 "Imputed value" means the retail price of comparable rights 5 within the same or similar area of the cemetery. 6 "Independent contractor" means a person who performs work 7 for a cemetery authority where the cemetery authority has the 8 right to control or direct only the result of the work and not 9 the means and methods of accomplishing the result. 10 "Individual" means a natural person. 11 "Interment right" means the right to place individual human 12 remains or cremated human remains in a specific underground 13 location selected by a consumer for use as a final resting 14 place. 15 "Inurnment right" means the right to place individual 16 cremated human remains in a specific niche selected by the 17 consumer for use as a final resting place. 18 "Investment Company Act of 1940" means Title 15 of the 19 United States Code, Sections 80a-1 to 80a-64, inclusive, as 20 amended. 21 "Investment company" means any issuer (a) whose securities 22 are purchasable only with care funds or trust funds, or both; 23 (b) that is an open and diversified management company as 24 defined in and registered under the Investment Company Act of 25 1940; and (c) that has entered into an agreement with the 26 Department containing such provisions as the Department by HB1188 Enrolled - 9 - LRB096 08565 DRJ 18688 b 1 regulation requires for the proper administration of this Act. 2 "Lawn crypt" means a permanent underground crypt installed 3 in multiple units for the interment of human remains. 4 "Licensee" means a person licensed under this Act as a 5 cemetery authority, cemetery manager, or customer service 6 employee. Anyone who holds himself or herself out as a licensee 7 or who is accused of unlicensed practice is considered a 8 licensee for purposes of enforcement, investigation, hearings, 9 and the Illinois Administrative Procedure Act. This definition 10 does not include a cemetery worker. 11 "Mausoleum crypt" means a space in a mausoleum used or 12 intended to be used, above or underground, to entomb human 13 remains. 14 "Niche" means a space in a columbarium or mausoleum used, 15 or intended to be used, for inurnment of cremated human 16 remains. 17 "Partial exemption" means an exemption granted to a 18 cemetery authority pursuant to subsection (b) of Section 5-20. 19 "Parcel identification number" means a unique number 20 assigned to a grave, plot, crypt, or niche that enables the 21 Department to ascertain the precise location of a decedent's 22 remains interred, entombed, or inurned after the effective date 23 of this Act. 24 "Person" means any individual, firm, partnership, 25 association, corporation, limited liability company, trustee, 26 government or political subdivision, or other entity. HB1188 Enrolled - 10 - LRB096 08565 DRJ 18688 b 1 "Public cemetery" means a cemetery owned, operated, 2 controlled, or managed by the federal government, by any state, 3 county, city, village, incorporated town, township, 4 multi-township, public cemetery district, or other municipal 5 corporation, political subdivision, or instrumentality thereof 6 authorized by law to own, operate, or manage a cemetery. 7 "Religious cemetery" means a cemetery owned, operated, 8 controlled, or managed by any recognized church, religious 9 society, association, or denomination, or by any cemetery 10 authority or any corporation administering, or through which is 11 administered, the temporalities of any recognized church, 12 religious society, association, or denomination. 13 "Secretary" means the Secretary of Financial and 14 Professional Regulation. 15 "Term burial" means a right of interment sold to a consumer 16 in which the cemetery authority retains the right to disinter 17 and relocate the remains, subject to the provisions of 18 subsection (d) of Section 35-15 of this Act. 19 "Trustee" means any person authorized to hold funds under 20 this Act. 21 "Unique personal identifier" means the parcel 22 identification number in addition to the term of burial in 23 years; the numbered level or depth in the grave, plot, crypt, 24 or niche; and the year of death for human remains interred, 25 entombed, or inurned after the effective date of this Act. HB1188 Enrolled - 11 - LRB096 08565 DRJ 18688 b 1 Section 5-20. Exemptions. 2 (a) Notwithstanding any provision of law to the contrary, 3 this Act does not apply to (1) any cemetery authority operating 4 as a family burying ground, (2) any cemetery authority that has 5 not engaged in an interment, inurnment, or entombment of human 6 remains within the last 10 years and does not accept or 7 maintain care funds, or (3) any cemetery authority that is less 8 than 2 acres and does not accept or maintain care funds. For 9 purposes of determining the applicability of this subsection, 10 the number of interments, inurnments, and entombments shall be 11 aggregated for each calendar year. A cemetery authority 12 claiming a full exemption shall apply for exempt status as 13 provided for in Article 10 of this Act. A cemetery authority 14 that performs activities that would disqualify it from a full 15 exemption is required to apply for licensure within one year 16 following the date on which its activities would disqualify it 17 for a full exemption. A cemetery authority that previously 18 qualified for and maintained a full exemption that fails to 19 timely apply for licensure shall be deemed to have engaged in 20 unlicensed practice and shall be subject to discipline in 21 accordance with Article 25 of this Act. 22 (b) Notwithstanding any provision of law to the contrary, a 23 cemetery authority that does not qualify for a full exemption 24 that is operating as a cemetery authority (i) that engages in 25 25 or fewer interments, inurnments, or entombments of human 26 remains for each of the preceding 2 calendar years and does not HB1188 Enrolled - 12 - LRB096 08565 DRJ 18688 b 1 accept or maintain care funds, (ii) that is operating as a 2 public cemetery, or (iii) that is operating as a religious 3 cemetery is exempt from this Act, but is required to comply 4 with Sections 20-5(a), 20-5(b), 20-5(b-5), 20-5(c), 20-5(d), 5 20-6, 20-8, 20-10, 20-11, 20-12, 20-30, 25-3, and 25-120 and 6 Article 35 of this Act. Cemetery authorities claiming a partial 7 exemption shall apply for the partial exemption as provided in 8 Article 10 of this Act. A cemetery authority that changes to a 9 status that would disqualify it from a partial exemption is 10 required to apply for licensure within one year following the 11 date on which it changes its status. A cemetery authority that 12 maintains a partial exemption that fails to timely apply for 13 licensure shall be deemed to have engaged in unlicensed 14 practice and shall be subject to discipline in accordance with 15 Article 25 of this Act. 16 (c) Nothing in this Act applies to the City of Chicago in 17 its exercise of its powers under the O'Hare Modernization Act 18 or limits the authority of the City of Chicago to acquire 19 property or otherwise exercise its powers under the O'Hare 20 Modernization Act, or requires the City of Chicago, or any 21 person acting on behalf of the City of Chicago, to comply with 22 the licensing, regulation, investigation, or mediation 23 requirements of this Act in exercising its powers under the 24 O'Hare Modernization Act. 25 Section 5-25. Powers of the Department. Subject to the HB1188 Enrolled - 13 - LRB096 08565 DRJ 18688 b 1 provisions of this Act, the Department may exercise the 2 following powers: 3 (1) Authorize written examinations to ascertain the 4 qualifications and fitness of applicants for licensing as a 5 licensed cemetery manager or as a customer service employee to 6 ascertain whether they possess the requisite level of knowledge 7 for such position. 8 (2) Examine and audit a licensed cemetery authority's care 9 funds, records from any year, and records of care funds from 10 any year, or any other aspects of cemetery operation as the 11 Department deems appropriate. 12 (3) Investigate any and all cemetery-related activity. 13 (4) Conduct hearings on proceedings to refuse to issue or 14 renew licenses or to revoke, suspend, place on probation, 15 reprimand, or otherwise discipline a license under this Act or 16 take other non-disciplinary action. 17 (5) Adopt reasonable rules required for the administration 18 of this Act. 19 (6) Prescribe forms to be issued for the administration and 20 enforcement of this Act. 21 (7) Maintain rosters of the names and addresses of all 22 licensees and all persons whose licenses have been suspended, 23 revoked, denied renewal, or otherwise disciplined within the 24 previous calendar year. These rosters shall be available upon 25 written request and payment of the required fee as established 26 by rule. HB1188 Enrolled - 14 - LRB096 08565 DRJ 18688 b 1 Article 10. 2 Licensing and Registration Provisions 3 Section 10-5. Restrictions and limitations. No person 4 shall, without a valid license issued by the Department, (i) 5 hold himself or herself out in any manner to the public as a 6 licensed cemetery authority, licensed cemetery manager, or 7 customer service employee; (ii) attach the title "licensed 8 cemetery authority", "licensed cemetery manager", or "licensed 9 customer service employee" to his or her name; (iii) render or 10 offer to render services constituting the practice of cemetery 11 operation; or (iv) accept care funds within the meaning of this 12 Act or otherwise hold funds for care and maintenance unless 13 such person is holding and managing funds on behalf of a 14 cemetery authority and is authorized to conduct a trust 15 business under the Corporate Fiduciary Act or the federal 16 National Bank Act. 17 Section 10-10. Persons licensed under the Cemetery Care Act 18 or Cemetery Association Act. A person acting as a licensed 19 cemetery authority under the Cemetery Care Act or Cemetery 20 Association Act prior to their repeal on March 1, 2012 must 21 comply with those Acts until the Department takes action on the 22 person's application for a cemetery authority license in 23 accordance with this Act. The application for a cemetery HB1188 Enrolled - 15 - LRB096 08565 DRJ 18688 b 1 authority license under this Article must be submitted to the 2 Department within 9 months after the effective date of this 3 Act. If the person fails to submit the application within this 4 period, then the person shall be considered to be engaged in 5 unlicensed practice and shall be subject to discipline in 6 accordance with Article 25 of this Act. 7 Section 10-15. Persons not licensed under the Cemetery Care 8 Act or the Cemetery Association Act. A cemetery manager, a 9 customer service employee, or a person acting as a cemetery 10 authority who was not required to obtain licensure prior to the 11 effective date of this Act need not comply with the licensure 12 requirement in this Article until the Department takes action 13 on the person's application for a license. The application for 14 a cemetery authority license must be submitted to the 15 Department within 6 months after the effective date of this 16 Act. For cemetery managers already working for a cemetery 17 authority at the time of cemetery authority application for 18 licensure, the application for a cemetery manager license must 19 be submitted at the same time as the original application for 20 licensure as a cemetery authority pursuant to this Section or 21 Section 10-10, whichever the case may be. Any applicant for 22 licensure as a cemetery manager of a cemetery authority that is 23 already licensed under this Act or that has a pending 24 application for licensure under this Act must submit his or her 25 application to the Department on or before his or her first day HB1188 Enrolled - 16 - LRB096 08565 DRJ 18688 b 1 of work. The application for a customer service employee 2 license must be submitted to the Department within 10 days 3 after the cemetery authority for which he or she works becomes 4 licensed under this Act or on or before his or her first day of 5 work, whichever the case may be. If the person fails to submit 6 the application within the required period, the person shall be 7 considered to be engaged in unlicensed practice and shall be 8 subject to discipline in accordance with Article 25 of this 9 Act. 10 Section 10-20. Application for original license or 11 exemption. 12 (a) Applications for original licensure as a cemetery 13 authority, cemetery manager, or customer service employee 14 authorized by this Act, or application for exemption from 15 licensure as a cemetery authority, shall be made to the 16 Department on forms prescribed by the Department, which shall 17 include the applicant's Social Security number or FEIN number, 18 or both, and shall be accompanied by the required fee as set by 19 rule. Applications for partial or full exemption from licensure 20 as a cemetery authority shall be submitted to the Department 21 within 12 months after the Department adopts rules under this 22 Act. If the person fails to submit the application for partial 23 or full exemption within this period, the person shall be 24 subject to discipline in accordance with Article 25 of this 25 Act. If a cemetery authority seeks to practice at more than one HB1188 Enrolled - 17 - LRB096 08565 DRJ 18688 b 1 location, it shall meet all licensure requirements at each 2 location as required by this Act and by rule, including 3 submission of an application and fee. A person licensed as a 4 cemetery manager or customer service employee need not submit a 5 Worker's Statement in accordance with Section 10-22 of this 6 Act. 7 (b) If the application for licensure as a cemetery 8 authority does not claim a full exemption or partial exemption, 9 then the cemetery authority license application shall be 10 accompanied by a fidelity bond, proof of self-insurance, or 11 letter of credit in the amount required by rule. Such bond, 12 self-insurance, or letter of credit shall run to the Department 13 for the benefit of the care funds held by such cemetery 14 authority or by the trustee of the care funds of such cemetery 15 authority. If care funds of a cemetery authority are held by 16 any entity authorized to do a trust business under the 17 Corporate Fiduciary Act or held by an investment company, then 18 the Department shall waive the requirement of a bond, 19 self-insurance, or letter of credit as established by rule. If 20 the Department finds at any time that the bond, self-insurance 21 or letter of credit is insecure or exhausted or otherwise 22 doubtful, then an additional bond, form of self-insurance, or 23 letter of credit in like amount to be approved by the 24 Department shall be filed by the cemetery authority applicant 25 or licensee within 30 days after written demand is served upon 26 the applicant or licensee by the Department. In addition, if HB1188 Enrolled - 18 - LRB096 08565 DRJ 18688 b 1 the cemetery authority application does not claim a full 2 exemption or partial exemption, then the license application 3 shall be accompanied by proof of liability insurance, proof of 4 self-insurance, or a letter of credit in the amount required by 5 rule. The procedure by which claims on the liability insurance, 6 self-insurance, or letter of credit are made and paid shall be 7 determined by rule. Any bond obtained pursuant to this 8 subsection shall be issued by a bonding company authorized to 9 do business in this State. Any letter of credit obtained 10 pursuant to this subsection shall be issued by a financial 11 institution authorized to do business in this State. 12 Maintaining the bonds, self-insurance, or letters of credit 13 required under this subsection is a continuing obligation for 14 licensure. A bonding company may terminate a bond, a financial 15 institution may terminate a letter of credit, or an insurance 16 company may terminate liability insurance and avoid further 17 liability by filing a 60-day notice of termination with the 18 Department and at the same time sending the same notice to the 19 cemetery authority. 20 (c) After initial licensure, if any person comes to obtain 21 at least 51% of the ownership over the licensed cemetery 22 authority, then the cemetery authority shall have to apply for 23 a new license and receive licensure in the required time as set 24 by rule. The current license remains in effect until the 25 Department takes action on the application for a new license. 26 (d) All applications shall contain the information that, in HB1188 Enrolled - 19 - LRB096 08565 DRJ 18688 b 1 the judgment of the Department, will enable the Department to 2 pass on the qualifications of the applicant for an exemption 3 from licensure or for a license to practice as a cemetery 4 authority, cemetery manager, or customer service employee as 5 set by rule. 6 Section 10-21. Qualifications for licensure. 7 (a) A cemetery authority shall apply for licensure on forms 8 prescribed by the Department and pay the required fee. An 9 applicant is qualified for licensure as a cemetery authority if 10 the applicant meets all of the following qualifications: 11 (1) The applicant is of good moral character and has 12 not committed any act or offense in any jurisdiction that 13 would constitute the basis for discipline under this Act. 14 In determining good moral character, the Department shall 15 take into consideration the following: 16 (A) the applicant's record of compliance with the 17 Code of Professional Conduct and Ethics, and whether 18 the applicant has been found to have engaged in any 19 unethical or dishonest practices in the cemetery 20 business; 21 (B) whether the applicant has been adjudicated, 22 civilly or criminally, to have committed fraud or to 23 have violated any law of any state involving unfair 24 trade or business practices, has been convicted of a 25 misdemeanor of which fraud is an essential element or HB1188 Enrolled - 20 - LRB096 08565 DRJ 18688 b 1 which involves any aspect of the cemetery business, or 2 has been convicted of any felony; 3 (C) whether the applicant has willfully violated 4 any provision of this Act or a predecessor law or any 5 regulations relating thereto; 6 (D) whether the applicant has been permanently or 7 temporarily suspended, enjoined, or barred by any 8 court of competent jurisdiction in any state from 9 engaging in or continuing any conduct or practice 10 involving any aspect of the cemetery or funeral 11 business; and 12 (E) whether the applicant has ever had any license 13 to practice any profession or occupation suspended, 14 denied, fined, or otherwise acted against or 15 disciplined by the applicable licensing authority. 16 If the applicant is a corporation, limited liability 17 company, partnership, or other entity permitted by law, 18 then each principal, owner, member, officer, and 19 shareholder holding 25% or more of corporate stock is to be 20 of good moral character. Good moral character is a 21 continuing requirement of licensure. 22 (2) The applicant provides evidence satisfactory to 23 the Department that the applicant has financial resources 24 sufficient to comply with the maintenance and 25 record-keeping provisions in Section 20-5 of this Act. 26 Maintaining sufficient financial resources is a continuing HB1188 Enrolled - 21 - LRB096 08565 DRJ 18688 b 1 requirement for licensure. 2 (3) The applicant has not, within the preceding 10 3 years, been convicted of or entered a plea of guilty or 4 nolo contendere to (i) a Class X felony or (ii) a felony, 5 an essential element of which was fraud or dishonesty under 6 the laws of this State, another state, the United States, 7 or a foreign jurisdiction. If the applicant is a 8 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 has not, within the preceding 10 years, 12 been convicted of or entered a plea of guilty or nolo 13 contendere to (i) a Class X felony or (ii) a felony, an 14 essential element of which was fraud or dishonesty under 15 the laws of this State, another state, the United States, 16 or a foreign jurisdiction. 17 (4) The applicant submits his or her fingerprints in 18 accordance with subsection (c) of this Section. 19 (5) The applicant has complied with all other 20 requirements of this Act and the rules adopted for the 21 implementation of this Act. 22 (b) The cemetery manager and customer service employees of 23 a licensed cemetery authority shall apply for licensure as a 24 cemetery manager or customer service employee on forms 25 prescribed by the Department and pay the required fee. A person 26 is qualified for licensure as a cemetery manager or customer HB1188 Enrolled - 22 - LRB096 08565 DRJ 18688 b 1 service employee if he or she meets all of the following 2 requirements: 3 (1) Is at least 18 years of age. 4 (2) Is of good moral character. Good moral character is 5 a continuing requirement of licensure. In determining good 6 moral character, the Department shall take into 7 consideration the factors outlined in item (1) of 8 subsection (a) of this Section. 9 (3) Submits proof of successful completion of a high 10 school education or its equivalent as established by rule. 11 (4) Submits his or her fingerprints in accordance with 12 subsection (c) of this Section. 13 (5) Has not committed a violation of this Act or any 14 rules adopted under this Act that, in the opinion of the 15 Department, renders the applicant unqualified to be a 16 cemetery manager. 17 (6) Successfully passes the examination authorized by 18 the Department for cemetery manager or customer service 19 employee, whichever is applicable. 20 (7) Has not, within the preceding 10 years, been 21 convicted of or entered a plea of guilty or nolo contendere 22 to (i) a Class X felony or (ii) a felony, an essential 23 element of which was fraud or dishonesty under the laws of 24 this State, another state, the United States, or a foreign 25 jurisdiction. 26 (8) Can be reasonably expected to treat consumers HB1188 Enrolled - 23 - LRB096 08565 DRJ 18688 b 1 professionally, fairly, and ethically. 2 (9) Has complied with all other requirements of this 3 Act and the rules adopted for implementation of this Act. 4 (c) Each applicant for a cemetery authority, cemetery 5 manager, or customer service employee license shall have his or 6 her fingerprints submitted to the Department of State Police in 7 an electronic format that complies with the form and manner for 8 requesting and furnishing criminal history record information 9 that is prescribed by the Department of State Police. These 10 fingerprints shall be checked against the Department of State 11 Police and Federal Bureau of Investigation criminal history 12 record databases. The Department of State Police shall charge 13 applicants a fee for conducting the criminal history records 14 check, which shall be deposited in the State Police Services 15 Fund and shall not exceed the actual cost of the records check. 16 The Department of State Police shall furnish, pursuant to 17 positive identification, records of Illinois convictions to 18 the Department. The Department may require applicants to pay a 19 separate fingerprinting fee, either to the Department or 20 directly to a designated fingerprint vendor. The Department, in 21 its discretion, may allow an applicant who does not have 22 reasonable access to a designated fingerprint vendor to provide 23 his or her fingerprints in an alternative manner. The 24 Department, in its discretion, may also use other procedures in 25 performing or obtaining criminal background checks of 26 applicants. Instead of submitting his or her fingerprints, an HB1188 Enrolled - 24 - LRB096 08565 DRJ 18688 b 1 individual may submit proof that is satisfactory to the 2 Department that an equivalent security clearance has been 3 conducted. If the applicant for a cemetery authority license is 4 a corporation, limited liability company, partnership, or 5 other entity permitted by law, then each principal, owner, 6 member, officer, and shareholder holding 25% or more of 7 corporate stock shall have his or her fingerprints submitted in 8 accordance with this subsection (c). 9 Section 10-22. Worker's Statement. 10 (a) (1) No cemetery worker shall perform work at the 11 cemetery of a licensed cemetery authority without submitting a 12 Worker's Statement on or before the first day the cemetery 13 worker commences work at the cemetery. No licensed cemetery 14 authority shall allow a cemetery worker to perform work at his 15 or her cemetery without submitting a Worker's Statement on or 16 before the first day the cemetery worker commences work at the 17 cemetery. The Worker's Statement shall be on forms prescribed 18 by the Department and shall set forth the following: 19 (i) The individual's full name, age, and residence 20 address. 21 (ii) The individual's work history for the 5 years 22 immediately preceding the date of the execution of the 23 statement, the place where the business or occupation 24 was engaged in, and the names of employers, if any. 25 (iii) That the individual has not had licensure as HB1188 Enrolled - 25 - LRB096 08565 DRJ 18688 b 1 a cemetery authority, cemetery manager, or customer 2 service employee denied, revoked, or suspended under 3 this Act within the previous year. 4 (iv) Any declaration of incompetence by a court of 5 competent jurisdiction that has not been restored. 6 (2) The cemetery authority shall retain a copy of the 7 Worker's Statement and shall transmit a copy to the 8 Department. A cemetery authority, however, shall not 9 transmit copies of Worker's Statements until the cemetery 10 authority receives a license under this Act. The Department 11 shall issue a cemetery worker card or other record of 12 acknowledgment to an individual who submits a Worker's 13 Statement, but in no event shall the Department impose a 14 fee to comply with the requirements of this Section. 15 (b) Each cemetery authority shall maintain a record of each 16 cemetery worker that is accessible to the Department. The 17 record shall contain the following information: 18 (1) A photograph taken within 10 days of the date that 19 the cemetery worker commences work with the cemetery 20 authority. The photograph shall be replaced with a current 21 photograph no later than 4 calendar years after the date on 22 which the cemetery worker commences work and every 4 years 23 thereafter. The photo may consist of the worker's driver's 24 license. 25 (2) The Worker's Statement specified in subsection (a) 26 of this Section. HB1188 Enrolled - 26 - LRB096 08565 DRJ 18688 b 1 (3) All correspondence or documents relating to the 2 character and integrity of the cemetery worker received by 3 the cemetery authority from any former employer, cemetery 4 association, government agency, or law enforcement agency. 5 (c) A cemetery authority may furnish a worker 6 identification card to each cemetery worker. If the cemetery 7 authority issues worker identification cards, then it shall 8 confiscate the worker identification card of any worker whose 9 employment or contract is terminated. 10 Section 10-23. Code of Professional Conduct and Ethics. The 11 Department shall adopt a Code of Professional Conduct and 12 Ethics by rule. Cemetery authorities, cemetery managers, and 13 customer service employees shall abide by the Code of 14 Professional Conduct and Ethics. 15 Section 10-25. Examination; failure or refusal to take the 16 examination. 17 (a) The Department shall authorize examinations of 18 cemetery manager and customer service employee applicants at 19 such times and places as it may determine. The examinations 20 shall fairly test an applicant's qualifications to practice as 21 cemetery manager or customer service employee, whatever the 22 case may be, and knowledge of the theory and practice of 23 cemetery operation and management or cemetery customer 24 service, whichever is applicable. The examination shall HB1188 Enrolled - 27 - LRB096 08565 DRJ 18688 b 1 further test the extent to which the applicant understands and 2 appreciates that the final disposal of a deceased human body 3 should be attended with appropriate observance and 4 understanding, having due regard and respect for the reverent 5 care of the human body and for those bereaved and for the 6 overall spiritual dignity of an individual. 7 (a-5) The examinations for cemetery manager and customer 8 service employee shall be appropriate for cemetery 9 professionals and shall not cover mortuary science. 10 (a-10) The examinations for cemetery manager and customer 11 service employee applicants shall be tiered, as determined by 12 rule, to account for the different amount of knowledge needed 13 by such applicants depending on their job duties and the number 14 of interments, inurnments, and entombments per year at the 15 cemetery at which they work. 16 (b) Applicants for examinations shall pay, either to the 17 Department or to the designated testing service, a fee covering 18 the cost of providing the examination. Failure to appear for 19 the examination on the scheduled date at the time and place 20 specified after the application for examination has been 21 received and acknowledged by the Department or the designated 22 testing service shall result in forfeiture of the examination 23 fee. 24 (c) If the applicant neglects, fails, or refuses to take an 25 examination or fails to pass an examination for a license under 26 this Act within one year after filing an application, then the HB1188 Enrolled - 28 - LRB096 08565 DRJ 18688 b 1 application shall be denied. However, the applicant may 2 thereafter submit a new application accompanied by the required 3 fee. The applicant shall meet the requirements in force at the 4 time of making the new application. 5 (d) The Department may employ consultants for the purpose 6 of preparing and conducting examinations. 7 (e) The Department shall have the authority to adopt or 8 recognize, in part or in whole, examinations prepared, 9 administered, or graded by other organizations in the cemetery 10 industry that are determined appropriate to measure the 11 qualifications of an applicant for licensure. 12 Section 10-30. Continuing education. The Department shall 13 adopt rules for continuing education of cemetery managers and 14 customer service employees. The continuing education 15 requirements for cemetery managers and customer service 16 employees shall be tiered, as determined by rule, to account 17 for the different amount of knowledge needed by such applicants 18 depending on their job duties and the number of interments, 19 inurnments, and entombments per year at the cemetery at which 20 they work. The Department shall strive to keep the costs of any 21 continuing education program imposed on a cemetery authority 22 minimal. The requirements of this Section apply to any person 23 seeking renewal or restoration under Section 10-40 of this Act. 24 Section 10-40. Expiration and renewal of license. The HB1188 Enrolled - 29 - LRB096 08565 DRJ 18688 b 1 expiration date, renewal period, and other requirements for 2 each license shall be set by rule. 3 Section 10-45. Transfer or sale, preservation of license, 4 liability for shortage. 5 (a) In the case of a sale of any cemetery or any part 6 thereof or of any related personal property by a cemetery 7 authority to a purchaser or pursuant to foreclosure 8 proceedings, except the sale of burial rights, services, or 9 merchandise to a person for his or her personal or family 10 burial or interment, the purchaser is liable for any shortages 11 existing before or after the sale in the care funds required to 12 be maintained in a trust pursuant to this Act and shall honor 13 all instruments issued under Article 15 of this Act for that 14 cemetery. Any shortages existing in the care funds constitute a 15 prior lien in favor of the trust for the total value of the 16 shortages and notice of such lien shall be provided in all 17 sales instruments. 18 (b) In the event of a sale or transfer of all or 19 substantially all of the assets of the cemetery authority, the 20 sale or transfer of the controlling interest of the corporate 21 stock of the cemetery authority, if the cemetery authority is a 22 corporation, or the sale or transfer of the controlling 23 interest of the partnership, if the cemetery authority is a 24 partnership, or the sale or transfer of the controlling 25 membership, if the cemetery authority is a limited liability HB1188 Enrolled - 30 - LRB096 08565 DRJ 18688 b 1 company, the cemetery authority shall, at least 30 days prior 2 to the sale or transfer, notify the Department, in writing, of 3 the pending date of sale or transfer so as to permit the 4 Department to audit the books and records of the cemetery 5 authority. The audit must be commenced within 10 business days 6 of the receipt of the notification and completed within the 7 30-day notification period unless the Department notifies the 8 cemetery authority during that period that there is a basis for 9 determining a deficiency that will require additional time to 10 finalize. The sale or transfer may not be completed by the 11 cemetery authority unless and until: 12 (1) the Department has completed the audit of the 13 cemetery authority's books and records; 14 (2) any delinquency existing in the care funds has been 15 paid by the cemetery authority or arrangements 16 satisfactory to the Department have been made by the 17 cemetery authority on the sale or transfer for the payment 18 of any delinquency; and 19 (3) the Department issues a new cemetery authority 20 license upon application of the newly controlled 21 corporation or partnership, which license must be applied 22 for at least 30 days prior to the anticipated date of the 23 sale or transfer, subject to the payment of any 24 delinquencies, if any, as stated in item (2) of this 25 subsection (b). 26 (c) In the event of a sale or transfer of any cemetery HB1188 Enrolled - 31 - LRB096 08565 DRJ 18688 b 1 land, including any portion of cemetery land in which no human 2 remains have been interred, a licensee shall, at least 45 days 3 prior to the sale or transfer, notify the Department, in 4 writing, of the pending sale or transfer. With the 5 notification, the cemetery authority shall submit information 6 to the Department, which may include a copy of a portion of the 7 cemetery map showing the land to be sold or transferred, to 8 enable the Department to determine whether any human remains 9 are interred, inurned, or entombed within the land to be sold 10 or transferred and whether consumers have rights of interment, 11 inurnment, or entombment within the land to be sold or 12 transferred. 13 (d) For purposes of this Section, a person who acquires the 14 cemetery through a real estate foreclosure shall be subject to 15 the provisions of this Section pertaining to the purchaser, 16 including licensure. 17 Section 10-50. Dissolution. Where any licensed cemetery 18 authority or any trustee thereof has accepted care funds within 19 the meaning of this Act, and dissolution is sought by such 20 cemetery authority in any manner, by resolution of such 21 cemetery authority, or the trustees thereof, notice shall be 22 given to the Department of such intention to dissolve and 23 proper disposition shall be made of the care funds so held for 24 the general benefit of such lot owners by or for the benefit of 25 such cemetery authority, as provided by law, or in accordance HB1188 Enrolled - 32 - LRB096 08565 DRJ 18688 b 1 with the trust provisions of any gift, grant, contribution, 2 payment, legacy, or pursuant to any contract whereby such funds 3 were created. The Department, represented by the Attorney 4 General, may apply to the circuit court for the appointment of 5 a receiver, trustee, successor in trust, or for directions of 6 such court as to the proper disposition to be made of such care 7 funds, to the end that the uses and purposes for which such 8 trust or care funds were created may be accomplished, and for 9 proper continued operation of the cemetery. 10 Section 10-55. Fees. 11 (a) Except as provided in subsection (b) of this Section, 12 the fees for the administration and enforcement of this Act, 13 including, but not limited to, original licensure, renewal, and 14 restoration fees, shall be set by the Department by rule. The 15 fees shall be reasonable and shall not be refundable. 16 (b) Applicants for examination shall be required to pay, 17 either to the Department or the designated testing service, a 18 fee covering the cost of providing the examination. 19 (c) All fees and other moneys collected under this Act 20 shall be deposited in the Cemetery Oversight Licensing and 21 Disciplinary Fund. 22 Section 10-60. Returned checks; fines. Any person who 23 delivers a check or other payment to the Department that is 24 returned to the Department unpaid by the financial institution HB1188 Enrolled - 33 - LRB096 08565 DRJ 18688 b 1 upon which it is drawn shall pay to the Department, in addition 2 to the amount already owed to the Department, a fine of $50. 3 The fines imposed by this Section are in addition to any other 4 discipline provided under this Act for unlicensed practice or 5 practice on a non-renewed license. The Department shall notify 6 the person that payment of fees and fines shall be paid to the 7 Department by certified check or money order within 30 calendar 8 days of the notification. If, after the expiration of 30 days 9 from the date of the notification, the person has failed to 10 submit the necessary remittance, the Department shall 11 automatically terminate the license or deny the application, 12 without hearing. 13 If, after termination or denial, the person seeks a 14 license, then he or she shall apply to the Department for 15 restoration or issuance of the license and pay all fees and 16 fines due to the Department. The Department may establish a fee 17 for the processing of an application for restoration of a 18 license to pay all expenses of processing this application. The 19 Secretary may waive the fines due under this Section in 20 individual cases where the Secretary finds that the fines would 21 be unreasonable or unnecessarily burdensome. 22 Article 15. 23 Trust Funds 24 Section 15-5. Gifts and contributions; trust funds. HB1188 Enrolled - 34 - LRB096 08565 DRJ 18688 b 1 (a) A licensed cemetery authority is hereby authorized and 2 empowered to accept any gift, grant, contribution, payment, 3 legacy, or pursuant to contract, any sum of money, funds, 4 securities, or property of any kind, or the income or avails 5 thereof, and to establish a trust fund to hold the same in 6 perpetuity for the care of its cemetery, or for the care of any 7 lot, grave, crypt, or niche in its cemetery, or for the special 8 care of any lot, grave, crypt, or niche or of any family 9 mausoleum or memorial, marker, or monument in its cemetery. Not 10 less than the following amounts will be set aside and deposited 11 in trust: 12 (1) For interment rights, $1 per square foot of the 13 space sold or 15% of the sales price or imputed value, 14 whichever is the greater, with a minimum of $25 for each 15 individual interment right. 16 (2) For entombment rights, not less than 10% of the 17 sales price or imputed value with a minimum of $25 for each 18 individual entombment right. 19 (3) For inurnment rights, not less than 10% of the 20 sales price or imputed value with a minimum of $15 for each 21 individual inurnment right. 22 (4) For any transfer of interment rights, entombment 23 rights, or inurnment rights recorded in the records of the 24 cemetery authority, a minimum of $25 for each such right 25 transferred. This does not apply to transfers between a 26 transferor and his or her spouse, parents, grandparents, HB1188 Enrolled - 35 - LRB096 08565 DRJ 18688 b 1 children, grandchildren, or siblings. 2 (5) Upon an interment, entombment, or inurnment in a 3 grave, crypt, or niche in which rights of interment, 4 entombment, or inurnment were originally acquired from a 5 cemetery authority prior to January 1, 1948, a minimum of 6 $25 for each such right exercised. 7 (6) For the special care of any lot, grave, crypt, or 8 niche or of a family mausoleum, memorial, marker, or 9 monument, the full amount received. 10 (b) The cemetery authority shall act as trustee of all 11 amounts received for care until they have been deposited with a 12 corporate fiduciary as defined in Section 1-5.05 of the 13 Corporate Fiduciary Act. All trust deposits shall be made 14 within 30 days after receipt. 15 (c) No gift, grant, legacy, payment, or other contribution 16 shall be invalid by reason of any indefiniteness or uncertainty 17 as to the beneficiary designated in the instrument creating the 18 gift, grant, legacy, payment, or other contribution. If any 19 gift, grant, legacy, payment, or other contribution consists of 20 non-income producing property, then the cemetery authority 21 accepting it is authorized and empowered to sell such property 22 and to invest the funds obtained in accordance with subsection 23 (d) of this Section. 24 (d) The care funds authorized by this Section and provided 25 for in this Article shall be held intact and, unless otherwise 26 restricted by the terms of the gift, grant, legacy, HB1188 Enrolled - 36 - LRB096 08565 DRJ 18688 b 1 contribution, payment, contract, or other payment, as to 2 investments made after June 11, 1951, the trustee of the care 3 funds of the cemetery authority, in acquiring, investing, 4 reinvesting, exchanging, retaining, selling, and managing 5 property for any such trust, shall act in accordance with the 6 duties for trustees set forth in the Illinois Trusts and 7 Trustees Act. Within the limitations of the foregoing standard, 8 the trustee of the care funds of the cemetery authority is 9 authorized to acquire and retain every kind of property, real, 10 personal, or mixed, and every kind of investment, including 11 specifically, but without limiting the generality of the 12 foregoing, bonds, debentures and other corporate obligations, 13 preferred or common stocks and real estate mortgages, which 14 persons of prudence, discretion, and intelligence acquire or 15 retain for their own account. Within the limitations of the 16 foregoing standard, the trustee is authorized to retain 17 property properly acquired, without limitation as to time and 18 without regard to its suitability for original purchase. The 19 care funds authorized by this Section may be commingled with 20 other trust funds received by such cemetery authority for the 21 care of its cemetery or for the care or special care of any 22 lot, grave, crypt, niche, private mausoleum, memorial, marker, 23 or monument in its cemetery, whether received by gift, grant, 24 legacy, contribution, payment, contract, or other conveyance 25 made to such cemetery authority. Such care funds may be 26 invested with common trust funds as provided in the Common HB1188 Enrolled - 37 - LRB096 08565 DRJ 18688 b 1 Trust Fund Act. The net income only from the investment of such 2 care funds shall be allocated and used for the purposes 3 specified in the transaction by which the principal was 4 established in the proportion that each contribution bears to 5 the entire sum invested. 6 Section 15-10. Restrictions on loans, gifts, and 7 investments. 8 (a) No loan; investment; purchase of insurance on the life 9 of any trustee, cemetery owner, cemetery worker, or independent 10 contractor; purchase of any real estate; or any other 11 transaction using care funds by any trustee, licensee, cemetery 12 manager, or any other cemetery worker or independent contractor 13 shall be made to or for the benefit of any person, officer, 14 director, trustee, or party owning or having any interest in 15 any licensee, or to any firm, corporation, trade association or 16 partnership in which any officer, director, trustee, or party 17 has any interest, is a member of, or serves as an officer or 18 director. A violation of this Section shall constitute the 19 intentional and improper withdrawal of trust funds under 20 Section 25-105 of this Act. 21 (b) No loan or investment in any unproductive real estate 22 or real estate outside of this State or in permanent 23 improvements of the cemetery or any of its facilities shall be 24 made, unless specifically authorized by the instrument whereby 25 the principal fund was created. No commission or brokerage fee HB1188 Enrolled - 38 - LRB096 08565 DRJ 18688 b 1 for the purchase or sale of any property shall be paid in 2 excess of that usual and customary at the time and in the 3 locality where such purchase or sale is made, and all such 4 commissions and brokerage fees shall be fully reported in the 5 next annual statement of such cemetery authority or trustee. 6 (c) The prohibitions provided for in this Section apply to 7 and include the spouse of and immediate family living with the 8 officer, member, director, trustee, party owning any portion of 9 such cemetery authority, or licensee under this Act. 10 Section 15-15. Care funds; deposits; investments. 11 (a) Whenever a cemetery authority accepts care funds, 12 either in connection with the sale or giving away at an imputed 13 value of an interment right, entombment right, or inurnment 14 right, or in pursuance of a contract, or whenever, as a 15 condition precedent to the purchase or acceptance of an 16 interment right, entombment right, or inurnment right, such 17 cemetery authority shall establish a care fund or deposit the 18 funds in an already existing care fund. 19 (b) The cemetery authority shall execute and deliver to the 20 person from whom it received the care funds an instrument in 21 writing that shall specifically state: (i) the nature and 22 extent of the care to be furnished and (ii) that such care 23 shall be furnished only in so far as net income derived from 24 the amount deposited in trust will permit (the income from the 25 amount so deposited, less necessary expenditures of HB1188 Enrolled - 39 - LRB096 08565 DRJ 18688 b 1 administering the trust, shall be deemed the net income). 2 (c) The setting-aside and deposit of care funds shall be 3 made by such cemetery authority no later than 30 days after the 4 close of the month in which the cemetery authority gave away 5 for an imputed value or received the final payment on the 6 purchase price of interment rights, entombment rights, or 7 inurnment rights, or received the final payment for the general 8 or special care of a lot, grave, crypt, or niche or of a family 9 mausoleum, memorial, marker, or monument, and such amounts 10 shall be held by the trustee of the care funds of such cemetery 11 authority in trust and in perpetuity for the specific purposes 12 stated in the written instrument described in subsection (b). 13 For all care funds received by a cemetery authority, except for 14 care funds received by a cemetery authority pursuant to a 15 specific gift, grant, contribution, payment, legacy, or 16 contract that are subject to investment restrictions more 17 restrictive than the investment provisions set forth in this 18 Act, and except for care funds otherwise subject to a trust 19 agreement executed by a person or persons responsible for 20 transferring the specific gift, grant, contribution, payment, 21 or legacy to the cemetery authority that contains investment 22 restrictions more restrictive than the investment provisions 23 set forth in this Act, the cemetery authority may, without the 24 necessity of having to obtain prior approval from any court in 25 this State, designate a new trustee in accordance with this Act 26 and invest the care funds in accordance with this Section, HB1188 Enrolled - 40 - LRB096 08565 DRJ 18688 b 1 notwithstanding any contrary limitation contained in the trust 2 agreement. 3 (d) Any cemetery authority engaged in selling or giving 4 away at an imputed value interment rights, entombment rights, 5 or inurnment rights, in conjunction with the selling or giving 6 away at an imputed value any other merchandise or services not 7 covered by this Act, shall be prohibited from increasing the 8 sales price or imputed value of those items not requiring a 9 care fund deposit under this Act with the purpose of allocating 10 a lesser sales price or imputed value to items that require a 11 care fund deposit. 12 (e) If any sale that requires a deposit to a cemetery 13 authority's care fund is made by a cemetery authority on an 14 installment basis, and the installment contract is factored, 15 discounted, or sold to a third party, then the cemetery 16 authority shall deposit the amount due to the care fund within 17 30 days after the close of the month in which the installment 18 contract was factored, discounted, or sold. If, subsequent to 19 such deposit, the purchaser defaults on the contract such that 20 no care fund deposit on that contract would have been required, 21 then the cemetery authority may apply the amount deposited as a 22 credit against future required deposits. 23 (f) The trust authorized by this Section shall be a single 24 purpose trust fund. In the event of the cemetery authority's 25 bankruptcy, insolvency, or assignment for the benefit of 26 creditors, or an adverse judgment, the trust funds shall not be HB1188 Enrolled - 41 - LRB096 08565 DRJ 18688 b 1 available to any creditor as assets of the cemetery authority 2 or to pay any expenses of any bankruptcy or similar proceeding, 3 but shall be retained intact to provide for the future 4 maintenance of the cemetery. Except in an action by the 5 Department to revoke a license issued pursuant to this Act and 6 for creation of a receivership as provided in this Act, the 7 trust shall not be subject to judgment, execution, garnishment, 8 attachment, or other seizure by process in bankruptcy or 9 otherwise, nor to sale, pledge, mortgage, or other alienation, 10 and shall not be assignable except as approved by the 11 Department. 12 Section 15-25. Funds purpose and exemptions. The trust 13 funds authorized by this Article, and the income therefrom, and 14 any funds received under a contract to furnish care of a burial 15 space for a definite number of years, shall be held for the 16 general benefit of the lot owners and are exempt from taxation. 17 The trust funds authorized by the provisions of this Article, 18 and the income therefrom, are exempt from the operation of all 19 laws of mortmain and the laws against perpetuities and 20 accumulations. 21 Section 15-40. Trust examinations and audits. 22 (a) The Department shall examine at least annually every 23 licensee who holds $250,000 or more in its care funds. For that 24 purpose, the Department shall have free access to the office HB1188 Enrolled - 42 - LRB096 08565 DRJ 18688 b 1 and places of business and to such records of all licensees and 2 of all trustees of the care funds of all licensees as shall 3 relate to the acceptance, use, and investment of care funds. 4 The Department may require the attendance of and examine under 5 oath all persons whose testimony may be required relative to 6 such business. In such cases the Department, or any qualified 7 representative of the Department whom the Department may 8 designate, may administer oaths to all such persons called as 9 witnesses, and the Department, or any such qualified 10 representative of the Department, may conduct such 11 examinations. The cost of an initial examination shall be 12 determined by rule. 13 (b) The Department may order additional audits or 14 examinations as it may deem necessary or advisable to ensure 15 the safety and stability of the trust funds and to ensure 16 compliance with this Act. These additional audits or 17 examinations shall only be made after good cause is established 18 by the Department in the written order. The grounds for 19 ordering these additional audits or examinations may include, 20 but shall not be limited to: 21 (1) material and unverified changes or fluctuations in 22 trust balances; 23 (2) the licensee changing trustees more than twice in 24 any 12-month period; 25 (3) any withdrawals or attempted withdrawals from the 26 trusts in violation of this Act; or HB1188 Enrolled - 43 - LRB096 08565 DRJ 18688 b 1 (4) failure to maintain or produce documentation 2 required by this Act. 3 Article 20. 4 Business Practice Provisions 5 Section 20-5. Maintenance and records. 6 (a) A cemetery authority shall provide reasonable 7 maintenance of the cemetery property and of all lots, graves, 8 crypts, and columbariums in the cemetery based on the type and 9 size of the cemetery, topographic limitations, and contractual 10 commitments with consumers. Subject to the provisions of this 11 subsection (a), reasonable maintenance includes: 12 (1) the laying of seed, sod, or other suitable ground 13 cover as soon as practical following an interment given the 14 weather conditions, climate, and season and the 15 interment's proximity to ongoing burial activity; 16 (2) the cutting of lawn throughout the cemetery at 17 reasonable intervals to prevent an overgrowth of grass and 18 weeds given the weather conditions, climate, and season; 19 (3) the trimming of shrubs to prevent excessive 20 overgrowth; 21 (4) the trimming of trees to remove dead limbs; 22 (5) keeping in repair the drains, water lines, roads, 23 buildings, fences, and other structures; and 24 (6) keeping the cemetery premises free of trash and HB1188 Enrolled - 44 - LRB096 08565 DRJ 18688 b 1 debris. 2 Reasonable maintenance by the cemetery authority shall not 3 preclude the exercise of lawful rights by the owner of an 4 interment, inurnment, or entombment right, or by the decedent's 5 immediate family or other heirs, in accordance with reasonable 6 rules and regulations of the cemetery or other agreement of the 7 cemetery authority. 8 In the case of a cemetery dedicated as a nature preserve 9 under the Illinois Natural Areas Preservation Act, reasonable 10 maintenance by the cemetery authority shall be in accordance 11 with the rules and master plan governing the dedicated nature 12 preserve. 13 The Department shall adopt rules to provide greater detail 14 as to what constitutes the reasonable maintenance required 15 under this Section. The rules shall differentiate between 16 cemeteries based on, among other things, the size and financial 17 strength of the cemeteries. The rules shall also provide a 18 reasonable opportunity for a cemetery authority accused of 19 violating the provisions of this Section to cure any such 20 violation in a timely manner given the weather conditions, 21 climate, and season before the Department initiates formal 22 proceedings. 23 (b) A cemetery authority, before commencing cemetery 24 operations or within 6 months after the effective date of this 25 Act, shall cause an overall map of its cemetery property, 26 delineating all lots or plots, blocks, sections, avenues, HB1188 Enrolled - 45 - LRB096 08565 DRJ 18688 b 1 walks, alleys, and paths and their respective designations, to 2 be filed at its on-site office, or if it does not maintain an 3 on-site office, at its principal place of business. A cemetery 4 manager's certificate acknowledging, accepting, and adopting 5 the map shall also be included with the map. The Department may 6 order that the cemetery authority obtain a cemetery plat and 7 that it be filed at its on-site office, or if it does not 8 maintain an on-site office, at its principal place of business 9 only in the following circumstances: 10 (1) the cemetery authority is expanding or altering the 11 cemetery grounds; or 12 (2) a human body that should have been interred, 13 entombed, or inurned at the cemetery is missing, displaced, 14 or dismembered and the cemetery map contains serious 15 discrepancies. 16 In exercising this discretion, the Department shall 17 consider whether the cemetery authority would experience an 18 undue hardship as a result of obtaining the plat. The cemetery 19 plat, as with all plats prepared under this Act, shall comply 20 with the Illinois Professional Land Surveyor Act of 1989 and 21 shall delineate, describe, and set forth all lots or plots, 22 blocks, sections, avenues, walks, alleys, and paths and their 23 respective designations. A cemetery manager's certificate 24 acknowledging, accepting, and adopting the plat shall also be 25 included with the plat. 26 (b-5) A cemetery authority shall maintain an index that HB1188 Enrolled - 46 - LRB096 08565 DRJ 18688 b 1 associates the identity of deceased persons interred, 2 entombed, or inurned after the effective date of this Act with 3 their respective place of interment, entombment, or inurnment. 4 (c) The cemetery authority shall open the cemetery map or 5 plat to public inspection. The cemetery authority shall make 6 available a copy of the overall cemetery map or plat upon 7 written request and shall, if practical, provide a copy of a 8 segment of the cemetery plat where interment rights are located 9 upon the payment of reasonable photocopy fees. Any unsold lots, 10 plots, or parts thereof, in which there are not human remains, 11 may be resurveyed and altered in shape or size and properly 12 designated on the cemetery map or plat. However, sold lots, 13 plots, or parts thereof in which there are human remains may 14 not be renumbered or renamed. Nothing contained in this 15 subsection, however, shall prevent the cemetery authority from 16 enlarging an interment right by selling to its owner the excess 17 space next to the interment right and permitting interments 18 therein, provided reasonable access to the interment right and 19 to adjoining interment rights is not thereby eliminated. 20 (d) A cemetery authority shall keep a record of every 21 interment, entombment, and inurnment completed after the 22 effective date of this Act. The record shall include the 23 deceased's name, age, date of burial, and parcel identification 24 number identifying where the human remains are interred, 25 entombed, or inurned. The record shall also include the unique 26 personal identifier as may be further defined by rule, which is HB1188 Enrolled - 47 - LRB096 08565 DRJ 18688 b 1 the parcel identification number in addition to the term of 2 burial in years; the numbered level or depth in the grave, 3 plot, crypt, or niche; and the year of death. 4 (e) (Blank). 5 (f) A cemetery authority shall make available for 6 inspection and, upon reasonable request and the payment of a 7 reasonable copying fee, provide a copy of its rules and 8 regulations. A cemetery authority shall make available for 9 viewing and provide a copy of its current prices of interment, 10 inurnment, or entombment rights. 11 (g) A cemetery authority shall provide access to the 12 cemetery under the cemetery authority's reasonable rules and 13 regulations. 14 (h) A cemetery authority shall be responsible for the 15 proper opening and closing of all graves, crypts, or niches for 16 human remains in any cemetery property it owns. 17 (i) Any corporate or other business organization trustee of 18 the care funds of every licensed cemetery authority shall be 19 located in or a resident of this State. The licensed cemetery 20 authority and the trustee of care funds shall keep in this 21 State and use in its business such books, accounts, and records 22 as will enable the Department to determine whether such 23 licensee or trustee is complying with the provisions of this 24 Act and with the rules, regulations, and directions made by the 25 Department under this Act. The licensed cemetery authority 26 shall keep the books, accounts, and records in electronic or HB1188 Enrolled - 48 - LRB096 08565 DRJ 18688 b 1 written format at the location identified in the license issued 2 by the Department or as otherwise agreed by the Department in 3 writing. The books, accounts, and records shall be accessible 4 for review upon demand of the Department. 5 Section 20-6. Cemetery Oversight Database. 6 (a) Within 10 business days after an interment, entombment, 7 or inurnment of human remains, the cemetery manager shall cause 8 a record of the interment, entombment, or inurnment to be 9 entered into the Cemetery Oversight Database. The requirement 10 of this subsection (a) also applies in any instance in which 11 human remains are relocated. 12 (b) Within 9 months after the effective date of this Act, 13 the Department shall certify a database as the Cemetery 14 Oversight Database. Upon certifying the database, the 15 Department shall: 16 (1) provide reasonable notice to cemetery authorities 17 identifying the database; and 18 (2) immediately upon certification, require each 19 cemetery authority to use the Cemetery Oversight Database 20 as a means of complying with subsection (a). 21 (c) In certifying the Cemetery Oversight Database, the 22 Department shall ensure that the database: 23 (1) provides real-time access through an Internet 24 connection or, if real-time access through an Internet 25 connection becomes unavailable due to technical problems HB1188 Enrolled - 49 - LRB096 08565 DRJ 18688 b 1 with the Cemetery Oversight Database incurred by the 2 database provider or if obtaining use of an Internet 3 connection would be an undue hardship on the cemetery 4 authority, through alternative mechanisms, including, but 5 not limited to, telephone; 6 (2) is accessible to the Department and to cemetery 7 managers in order to ensure compliance with this Act and in 8 order to provide any other information that the Department 9 deems necessary; 10 (3) requires cemetery authorities to input whatever 11 information required by the Department; 12 (4) maintains a real-time copy of the required 13 reporting information that is available to the Department 14 at all times and is the property of the Department; and 15 (5) contains safeguards to ensure that all information 16 contained in the Cemetery Oversight Database is secure. 17 (d) A cemetery authority may rely on the information 18 contained in the Cemetery Oversight Database as accurate and is 19 not subject to any administrative penalty or liability as a 20 result of relying on inaccurate information contained in the 21 database. 22 (e) The Cemetery Oversight Database provider shall 23 indemnify cemetery authorities against all claims and actions 24 arising from illegal, willful, or wanton acts on the part of 25 the Database provider. The Cemetery Oversight Database 26 provider shall at all times maintain an electronic backup copy HB1188 Enrolled - 50 - LRB096 08565 DRJ 18688 b 1 of the information it receives pursuant to subsection (a). 2 Section 20-8. Vehicle traffic control. A cemetery 3 authority shall use its reasonable best efforts to ensure that 4 funeral processions entering and exiting the cemetery grounds 5 do not obstruct traffic on any street for a period in excess of 6 10 minutes, except where such funeral procession is 7 continuously moving or cannot be moved by reason of 8 circumstances over which the cemetery authority has no 9 reasonable control. The cemetery authority shall use its 10 reasonable best efforts to help prevent multiple funeral 11 processions from arriving at the cemetery simultaneously. 12 Notwithstanding any provision of this Act to the contrary, a 13 cemetery authority that violates the provisions of this Section 14 shall be guilty of a business offense and punishable by a fine 15 of not more than $500 for each offense. 16 Section 20-10. Contract. At the time cemetery arrangements 17 are made and prior to rendering the cemetery services, a 18 cemetery authority shall create a written contract to be 19 provided to the consumer, signed by both parties, that shall 20 contain: (i) contact information, as set out in Section 20-11, 21 and the date on which the arrangements were made; (ii) the 22 price of the service selected and the services and merchandise 23 included for that price; (iii) the supplemental items of 24 service and merchandise requested and the price of each item; HB1188 Enrolled - 51 - LRB096 08565 DRJ 18688 b 1 (iv) the terms or method of payment agreed upon; and (v) a 2 statement as to any monetary advances made on behalf of the 3 family. The cemetery authority shall maintain a copy of such 4 written contract in its permanent records. 5 Section 20-11. Contact information in a contract. All 6 cemetery authorities shall include in the contract described in 7 Section 20-10 the name, address, and telephone number of the 8 cemetery authority, except for a cemetery authority that is 9 operating as a religious cemetery or public cemetery, which 10 shall include in the contract described in Section 20-10 the 11 name, address, and telephone number of the cemetery manager. 12 Upon written request to a cemetery authority by a consumer, the 13 cemetery authority shall provide: (1) the cemetery authority's 14 registered agent, if any; (2) the cemetery authority's 15 proprietor, if the cemetery authority is an individual; (3) 16 every partner, if the cemetery authority is a partnership; (4) 17 the president, secretary, executive and senior vice 18 presidents, directors, and individuals owning 25% or more of 19 the corporate stock, if the cemetery authority is a 20 corporation; and (5) the manager, if the cemetery authority is 21 a limited liability company. 22 Section 20-12. Method of payment; receipt. No cemetery 23 authority shall require payment for any goods, services, or 24 easement by cash only. Each cemetery authority subject to this HB1188 Enrolled - 52 - LRB096 08565 DRJ 18688 b 1 Section shall permit payment by at least one other option, 2 including, but not limited to, personal check, cashier's check, 3 money order, or credit or debit card. In addition to the 4 contract for the sale of cemetery goods, services, or 5 easements, the cemetery authority shall provide a receipt to 6 the consumer upon payment in part or full, whatever the case 7 may be. 8 Section 20-15. Interment or inurnment in cemetery. No 9 cemetery authority shall interfere with a licensed funeral 10 director or his or her designated agent observing the final 11 burial or disposition of a body for which the funeral director 12 has a contract for services related to that deceased 13 individual. No funeral director or his or her designated agent 14 shall interfere with a licensed cemetery authority or its 15 designated agent's rendering of burial or other disposition 16 services for a body for which the cemetery authority has a 17 contract for goods, services, or property related to that 18 deceased individual. 19 Section 20-20. Display of license. Every cemetery 20 authority, cemetery manager, and customer service employee 21 license issued by the Department shall state the number of the 22 license and the address at which the business is to be 23 conducted. Such license shall be kept conspicuously posted in 24 the place of business of the licensee and shall not be HB1188 Enrolled - 53 - LRB096 08565 DRJ 18688 b 1 transferable or assignable. Nothing in this Act shall prevent 2 an individual from acting as a licensed cemetery manager or 3 customer service employee for more than one cemetery. A 4 cemetery manager or customer service employee who works at more 5 than one cemetery shall display an original version of his or 6 her license at each location for which the individual serves as 7 a cemetery manager or customer service employee. 8 Section 20-25. Annual report. Each licensed cemetery 9 authority shall annually, on or before April 15, file a report 10 with the Department giving such information as the Department 11 may reasonably require concerning the business and operations 12 during the preceding calendar year as provided for by rule. The 13 report must be received by the Department on or before April 14 15, unless such date is extended for reasonable cause up to 90 15 days by the Department. The report shall be made under oath and 16 in a form prescribed by the Department. The Department may fine 17 each licensee an amount as determine by rule for each day 18 beyond April 15 the report is filed. 19 Section 20-30. Signage. The Department shall create, and 20 each cemetery authority shall conspicuously post signs in 21 English and Spanish in each cemetery office that contain the 22 Department's consumer hotline number, information on how to 23 file a complaint, and whatever other information that the 24 Department deems appropriate. HB1188 Enrolled - 54 - LRB096 08565 DRJ 18688 b 1 Article 22. 2 Cemetery Associations 3 Section 22-1. Cemetery association requirements. The 4 requirements of this Article apply to those entities formed as 5 and acting as cemetery associations that act as a cemetery and 6 are otherwise exempt from this Act pursuant to Section 5-20 of 7 this Act. A cemetery association offering or providing services 8 as a cemetery that is exempt pursuant to Section 5-20 of this 9 Act shall remain subject to the provisions of this Article and 10 its requirements, mandates, and discipline in accordance with 11 the provisions of this Act. Any cemetery association not exempt 12 in accordance with Section 5-20 of this Act shall obtain a 13 license from the Department in accordance with the provisions 14 of this Act and shall remain subject to all provisions of this 15 Act. 16 Section 22-2. Cemetery association formation. 17 (a) Any 6 or more persons may organize a cemetery 18 association, to be owned, managed, and controlled in the manner 19 provided in this Article. 20 (b) Whenever 6 or more persons shall present to the 21 Secretary of State a petition setting forth that they desire to 22 organize a cemetery association under this Act, which shall 23 specify the county in which the cemetery association will be HB1188 Enrolled - 55 - LRB096 08565 DRJ 18688 b 1 located and the name and style of the cemetery association, the 2 Secretary of State shall issue to such persons and their 3 successors in trust, a certificate of organization, which shall 4 be in perpetuity and in trust for the use and benefit of all 5 persons who may acquire burial lots in the cemetery. 6 Section 22-3. Certificate of organization. Any person who 7 has received a certificate of organization from the Secretary 8 of State must record the certificate of organization with the 9 recorder's office of the county in which the cemetery is 10 situated, and when so recorded, the association shall be deemed 11 fully organized as a body corporate under the name adopted and 12 in its corporate name may sue and be sued. Whenever two-thirds 13 of the trustees of the cemetery association approve a 14 resolution to change the name of the cemetery association, a 15 copy of such resolution and approval thereof duly certified by 16 the President and Secretary of the association shall be filed 17 with the Department and upon approval thereof shall be filed in 18 the Office of the Secretary of State. Whenever two-thirds of 19 the trustees of a cemetery association approve a resolution to 20 dissolve the association, a copy of such resolution and 21 approval of the trustees of the cemetery association duly 22 certified by the President and Secretary shall be submitted to 23 the Department, and if approved by the Department, a copy of 24 such resolution and approval of the Department shall be duly 25 filed by the Department in the Office of the Secretary of HB1188 Enrolled - 56 - LRB096 08565 DRJ 18688 b 1 State. If the association has care funds as defined in this 2 Act, the Department shall not approve the dissolution of any 3 cemetery association unless proper disposition has been made of 4 such care funds, as provided by law, and in accordance with 5 this Act. Upon the filing of the resolution of either change of 6 name or dissolution of such cemetery association in the Office 7 of the Secretary of State, such change of name or dissolution 8 of such cemetery association shall be complete. The Department 9 shall so notify the trustees of such cemetery association. 10 Thereupon the trustees shall cause a copy of such resolution of 11 either change of name or dissolution to be recorded in the 12 recorder's office of the county where the cemetery is situated. 13 Section 22-4. Cemetery association composition; board of 14 trustees. A cemetery association meeting the requirements set 15 forth in Section 22-3 of this Act shall proceed to elect from 16 their own number a board of trustees for the association. The 17 board shall consist of not less than 6 and not more than 10 18 members. The trustees, once elected, shall immediately 19 organize by electing from their own membership a president, 20 vice president, and treasurer, and shall also elect a 21 secretary, who may or may not be a member of the board of 22 trustees. The officers shall hold their respective offices for 23 and during the period of one year, and until their successors 24 are duly elected and qualified. Trustees, once elected, shall 25 divide themselves by lot into 2 classes, the first of which HB1188 Enrolled - 57 - LRB096 08565 DRJ 18688 b 1 shall hold their offices for a period of 3 years, and the 2 second of which shall hold their offices for a period of 6 3 years. Thereafter the term of office of the trustees shall be 6 4 years. Upon the expiration of the term of office of any of the 5 trustees, or the resignation or death or removal from the State 6 of Illinois of any trustees, or their removal from office as 7 provided in this Act, the remaining trustees shall fill the 8 vacancy by electing a person residing in the county where the 9 cemetery is located for a new 6-year term or, if no one can be 10 nominated, the President of the cemetery association shall 11 notify the Department of such vacancy or vacancies in writing. 12 Thereafter the Department shall fill the vacancy or vacancies 13 by appointing a suitable person or persons as trustees. In 14 making such appointments, the Department shall exercise its 15 power such that at least two-thirds of the trustees shall be 16 selected from suitable persons residing within 15 miles of the 17 cemetery, or some part thereof, and the other appointees may be 18 suitable persons interested in said cemetery association 19 through family interments or otherwise who are citizens of the 20 State of Illinois. 21 Section 22-5. Right to acquire land. Any cemetery 22 association shall have the right to acquire the necessary 23 amount of land for the use of the cemetery association. Land 24 may be acquired by purchase or by gift, and the association is 25 authorized to receive by gift or legacy any property, either HB1188 Enrolled - 58 - LRB096 08565 DRJ 18688 b 1 real, personal, or mixed, which may be donated to the 2 association to hold and keep inviolate any such property for 3 the uses of the cemetery association. A cemetery association 4 may receive and administer endowments for the care and 5 oversight of such cemetery or any part thereof. All cemetery 6 associations shall be subject to and shall comply with the 7 provisions of the other Articles of this Act unless otherwise 8 exempted by the provisions of this Act. 9 Section 22-6. Plat; plots; recordation. All cemetery 10 associations may divide and lay out into lots any real estate 11 that it may acquire. When such division takes place, the lots 12 shall be of suitable size for burial lots. A plat of any land 13 that is laid out into lots as provided in this Section shall 14 comply with the Illinois Professional Land Surveyor Act of 1989 15 and be filed by the cemetery association at its on-site office, 16 or if it does not maintain an on-site office, at its principal 17 place of business. The cemetery association shall have the 18 right to sell to any person or persons a lot or lots in the 19 cemetery for burial purposes only, and to convey to such person 20 or persons a lot by a proper certificate of conveyance. A 21 person or persons purchasing a lot or lots shall have the right 22 to use the same for burial purposes as limited by the 23 reasonable rules of the cemetery association; but no cemetery 24 association shall make or enforce any rule prohibiting the 25 erection of any memorial on any lot or lots as may be HB1188 Enrolled - 59 - LRB096 08565 DRJ 18688 b 1 prescribed or provided by the United States or the State of 2 Illinois for a soldier, sailor, or marine having served and 3 been honorably discharged from the Army, Navy, Air Force, 4 Marine Corps, Coast Guard, National Guard, Reserve Units, or 5 Merchant Marines of the United States or the State of Illinois 6 that meets the established and written rules and regulations of 7 the cemetery. 8 Section 22-7. Funds; loans. The treasurer of a cemetery 9 association may from time to time loan money that the 10 association may have that is not needed for the immediate use 11 of the association by taking proper security for the loan, and 12 the loan and the security for the loan shall, before the loan 13 becomes effective, be approved by the board of trustees of the 14 cemetery association. 15 Section 22-8. Officer trustee compensation; salary. No 16 officer or trustee of a cemetery association shall receive any 17 compensation of any kind for any services rendered by him or 18 her on behalf of the association, except that officers and 19 trustees may be reimbursed for reasonable expenses, and the 20 secretary and treasurer of the association may receive such 21 salary as may be fixed by the board of trustees. 22 Section 22-9. Payment of earnings or dividends. No earnings 23 or dividends shall be declared or paid to any officer or other HB1188 Enrolled - 60 - LRB096 08565 DRJ 18688 b 1 person from the funds of a cemetery association. Such earnings 2 and dividends shall be kept inviolate and be used only for 3 purposes of the association and the care, preservation, and 4 ornamentation of the cemetery. 5 Section 22-10. Annual reports. The board of trustees for 6 any cemetery association that is exempt in accordance with the 7 provisions of this Act and subject to the provisions of this 8 Article shall annually prepare and file with the Department the 9 report required to be filed by a licensee under Section 20-25. 10 The Department shall examine such report to determine whether 11 the association has fully complied with the requirements of 12 this Act. If a cemetery association fails to submit an annual 13 report to the Department within the time specified in Section 14 20-25, the Department shall impose upon the cemetery 15 association a fine as provided for by rule for each and every 16 day the cemetery licensee remains delinquent in submitting the 17 report. Any fine established pursuant to this Section shall be 18 paid within 60 days after the effective date of the order 19 imposing the fine unless such time is extended, the fine is 20 reduced, or the fine is otherwise waived. The order shall 21 constitute a judgment and may be filed and execution had 22 thereon in the same manner as any judgment from any court of 23 record. 24 Section 22-11. Fees; fines. Except as otherwise provided in HB1188 Enrolled - 61 - LRB096 08565 DRJ 18688 b 1 this Act, the fees for the administration and enforcement of 2 this Article shall be set by rule of the Department. The fees 3 shall be nonrefundable. 4 Section 22-12. Deposit of fees and fines. All of the fees, 5 fines, or other moneys collected by the Department from 6 cemetery associations under this Article shall be deposited 7 into the Cemetery Oversight Licensing and Disciplinary Fund. 8 Section 22-13. Injunctive relief. 9 (a) If any cemetery association otherwise exempted under 10 the provisions of this Act violates any of the provisions of 11 this Article, the Department, any interested party, any person 12 injured thereby, the Attorney General of the State of Illinois, 13 or the State's Attorney in the county in which the offense 14 occurs may petition to the circuit court of the county in which 15 the violation or some part thereof occurred or of the county 16 where the association has its principal place of business for 17 an order enjoining the violation or for an order enforcing 18 compliance with this Act. Upon the filing of a verified 19 petition in court, the court may issue a temporary restraining 20 order, without notice or bond, and may preliminarily and 21 permanently enjoin the violation. If it is established that the 22 person has violated or is violating the injunction, the court 23 may punish the offender for contempt of court. Proceedings 24 under this Section shall be in addition to, and not in lieu of, HB1188 Enrolled - 62 - LRB096 08565 DRJ 18688 b 1 all other remedies and penalties provided by this Article. 2 (b) For misconduct in office any trustee of a cemetery 3 association may be removed from office by a court of competent 4 jurisdiction. Any trustee of an association who converts any 5 funds of an association to his or her own use or to a use other 6 than that intended shall be guilty of embezzlement as provided 7 by State law. 8 (c) All cemetery associations shall remain subject to the 9 duties, obligations, and requirements of this Act unless 10 otherwise exempted by this Act. Those cemetery associations 11 exempted under this Act shall comply with the provisions of 12 this Article. 13 Section 22-14. Rules; bond requirement. 14 (a) The board of trustees of the cemetery association may 15 make any and all rules and regulations for the management of 16 the association not inconsistent with this Article or this Act. 17 (b) All members of the board of trustees of a cemetery 18 association that fail to maintain the bond or letter of credit 19 as required under this Act shall remain jointly and severally 20 liable for damages and each shall be guilty of a Class A 21 misdemeanor for the first offense and a Class 4 felony for 22 second and subsequent offenses. 23 Section 22-15. Conveyance of property. Any cemetery 24 association organized under this Act may convey any property HB1188 Enrolled - 63 - LRB096 08565 DRJ 18688 b 1 that it may hold within a city, village, incorporated town, 2 county not under township organization, or town, to the city, 3 village, incorporated town, county, or town within which this 4 property is located and may convey any property that it may 5 hold within one mile of any city, village, or incorporated town 6 to such city, village, or incorporated town. If the city, 7 village, incorporated town, county, or town accepts the 8 conveyance, then such property shall thereafter be under the 9 control, management, maintenance, and ownership of the city, 10 village, incorporated town, county, or town. 11 Section 22-16. Grants. Any cemetery association organized 12 under this Article shall be authorized to obtain a grant or 13 grants of federal funds from the United States Government, or 14 from any proper agency thereof, for the construction of a 15 memorial gateway and entrance on property of a cemetery 16 association that is maintained as a national cemetery. Any 17 cemetery association organized under this Act shall be 18 authorized to convey in fee simple to the United States 19 Government, or to any proper agency thereof, such portion of 20 property of such cemetery as is now or may hereafter be 21 maintained as a national cemetery. 22 Section 22-17. Taxable property. The property, both real 23 and personal, of any cemetery association organized under this 24 Act shall be forever exempt from taxation for any and all HB1188 Enrolled - 64 - LRB096 08565 DRJ 18688 b 1 purposes. 2 Section 22-18. Additional property. A cemetery association 3 organized under this Act that has acquired or may hereafter 4 acquire land by purchase, deed, will, or otherwise, and has 5 platted, mapped, and used the land for cemetery purposes, may, 6 when necessary, acquire additional land adjoining or abutting 7 the cemetery. 8 Section 22-21. Administrative rules. The Department shall 9 have authority to adopt and implement administrative rules 10 relating to all Sections under this Article. The rules may 11 include, but shall not be limited to, rules in those areas 12 relating to forms, fees, requirements, notices, discipline, 13 and any other rule necessary to properly implement the intent 14 of this Article. 15 Article 25. 16 Administration and Enforcement 17 Section 25-1. Denial of license or exemption from 18 licensure. If the Department determines that an application for 19 licensure or exemption from licensure should be denied pursuant 20 to Section 25-10, then the applicant shall be sent a notice of 21 intent to deny license or exemption from licensure and the 22 applicant shall be given the opportunity to request, within 20 HB1188 Enrolled - 65 - LRB096 08565 DRJ 18688 b 1 days of the notice, a hearing on the denial. If the applicant 2 requests a hearing, then the Secretary shall schedule a hearing 3 within 30 days after the request for a hearing, unless 4 otherwise agreed to by the parties. The Secretary shall have 5 the authority to appoint an attorney duly licensed to practice 6 law in the State of Illinois to serve as the hearing officer. 7 The hearing officer shall have full authority to conduct the 8 hearing. The hearing shall be held at the time and place 9 designated by the Secretary. The Secretary shall have the 10 authority to prescribe rules for the administration of this 11 Section. 12 Section 25-3. Exemption, investigation, mediation. All 13 cemetery authorities maintaining a partial exemption must 14 submit to the following investigation and mediation procedure 15 by the Department in the event of a consumer complaint: 16 (a) Complaints to cemetery: 17 (1) the cemetery authority shall make every effort to 18 first resolve a consumer complaint; and 19 (2) if the complaint is not resolved, then the cemetery 20 authority shall advise the consumer of his or her right to 21 seek investigation and mediation by the Department. 22 (b) Complaints to the Department: 23 (1) if the Department receives a complaint, the 24 Department shall make an initial determination as to 25 whether the complaint has a reasonable basis and pertains HB1188 Enrolled - 66 - LRB096 08565 DRJ 18688 b 1 to this Act; 2 (2) if the Department determines that the complaint has 3 a reasonable basis and pertains to this Act, it shall 4 inform the cemetery authority of the complaint and give it 5 30 days to tender a response; 6 (3) upon receiving the cemetery authority's response, 7 or after the 30 days provided in subsection (2) of this 8 subsection, whichever comes first, the Department shall 9 attempt to resolve the complaint telephonically with the 10 parties involved; 11 (4) if the complaint still is not resolved, then the 12 Department shall conduct an investigation and mediate the 13 complaint as provided for by rule; 14 (5) if the Department conducts an on-site 15 investigation and face-to-face mediation with the parties, 16 then it may charge the cemetery authority a single 17 investigation and mediation fee, which fee shall be set by 18 rule and shall be calculated on an hourly basis; and 19 (6) if all attempts to resolve the consumer complaint 20 as provided for in paragraphs (1) through (5) fail, then 21 the cemetery authority may be subject to proceedings for 22 penalties and discipline under this Article when it is 23 determined by the Department that the cemetery authority 24 may have engaged in any of the following: (i) gross 25 malpractice; (ii) dishonorable, unethical, or 26 unprofessional conduct of a character likely to deceive, HB1188 Enrolled - 67 - LRB096 08565 DRJ 18688 b 1 defraud, or harm the public; (iii) gross, willful, or 2 continued overcharging for services; (iv) incompetence; 3 (v) unjustified failure to honor its contracts; or (vi) 4 failure to adequately maintain its premises. The 5 Department may issue a citation or institute disciplinary 6 action and cause the matter to be prosecuted and may 7 thereafter issue and enforce its final order as provided in 8 this Act. 9 Section 25-5. Citations. 10 (a) The Department may adopt rules to permit the issuance 11 of citations for non-frivolous complaints. The citation shall 12 be issued to the licensee and shall contain the licensee's name 13 and address, the licensee's license number, a brief factual 14 statement, the Sections of the law allegedly violated, and the 15 penalty imposed. The citation must clearly state that the 16 licensee may choose, in lieu of accepting the citation, to 17 request a hearing. If the licensee does not dispute the matter 18 in the citation with the Department within 30 days after the 19 citation is served, then the citation shall become a final 20 order and shall constitute discipline. The penalty shall be a 21 fine or other conditions as established by rule. 22 (b) The Department shall adopt rules designating 23 violations for which a citation may be issued. Such rules shall 24 designate as citation violations those violations for which 25 there is no substantial threat to the public health, safety, HB1188 Enrolled - 68 - LRB096 08565 DRJ 18688 b 1 and welfare. Citations shall not be utilized if there was any 2 significant consumer harm resulting from the violation. 3 (c) A citation must be issued within 6 months after the 4 reporting of a violation that is the basis for the citation. 5 (d) Service of a citation may be made by personal service 6 or certified mail to the licensee at the licensee's address of 7 record. 8 Section 25-10. Grounds for disciplinary action. 9 (a) The Department may refuse to issue or renew a license 10 or may revoke, suspend, place on probation, reprimand, or take 11 other disciplinary action as the Department may deem 12 appropriate, including imposing fines not to exceed $10,000 for 13 each violation, with regard to any license under this Act, for 14 any one or combination of the following: 15 (1) Material misstatement in furnishing information to 16 the Department. 17 (2) Violations of this Act, except for Section 20-8, or 18 of the rules adopted under this Act. 19 (3) Conviction of, or entry of a plea of guilty or nolo 20 contendere to, any crime within the last 10 years that is a 21 Class X felony or is a felony involving fraud and 22 dishonesty under the laws of the United States or any state 23 or territory thereof. 24 (4) Making any misrepresentation for the purpose of 25 obtaining licensure or violating any provision of this Act HB1188 Enrolled - 69 - LRB096 08565 DRJ 18688 b 1 or the rules adopted under this Act. 2 (5) Professional incompetence. 3 (6) Gross malpractice. 4 (7) Aiding or assisting another person in violating any 5 provision of this Act or rules adopted under this Act. 6 (8) Failing, within 10 business days, to provide 7 information in response to a written request made by the 8 Department. 9 (9) Engaging in dishonorable, unethical, or 10 unprofessional conduct of a character likely to deceive, 11 defraud, or harm the public. 12 (10) Inability to practice with reasonable judgment, 13 skill, or safety as a result of habitual or excessive use 14 of alcohol, narcotics, stimulants, or any other chemical 15 agent or drug. 16 (11) Discipline by another state, District of 17 Columbia, territory, or foreign nation, if at least one of 18 the grounds for the discipline is the same or substantially 19 equivalent to those set forth in this Section. 20 (12) Directly or indirectly giving to or receiving from 21 any person, firm, corporation, partnership, or association 22 any fee, commission, rebate, or other form of compensation 23 for professional services not actually or personally 24 rendered. 25 (13) A finding by the Department that the licensee, 26 after having his or her license placed on probationary HB1188 Enrolled - 70 - LRB096 08565 DRJ 18688 b 1 status, has violated the terms of probation. 2 (14) Willfully making or filing false records or 3 reports in his or her practice, including, but not limited 4 to, false records filed with any governmental agency or 5 department. 6 (15) Inability to practice the profession with 7 reasonable judgment, skill, or safety. 8 (16) Failure to file an annual report or to maintain in 9 effect the required bond or to comply with an order, 10 decision, or finding of the Department made pursuant to 11 this Act. 12 (17) Directly or indirectly receiving compensation for 13 any professional services not actually performed. 14 (18) Practicing under a false or, except as provided by 15 law, an assumed name. 16 (19) Fraud or misrepresentation in applying for, or 17 procuring, a license under this Act or in connection with 18 applying for renewal of a license under this Act. 19 (20) Cheating on or attempting to subvert the licensing 20 examination administered under this Act. 21 (21) Unjustified failure to honor its contracts. 22 (22) Negligent supervision of a cemetery manager, 23 customer service employee, cemetery worker, or independent 24 contractor. 25 (23) A pattern of practice or other behavior which 26 demonstrates incapacity or incompetence to practice under HB1188 Enrolled - 71 - LRB096 08565 DRJ 18688 b 1 this Act. 2 (24) Allowing an individual who is not, but is required 3 to be, licensed under this Act to perform work for the 4 cemetery authority. 5 (25) Allowing an individual who has not, but is 6 required to, submit a Worker's Statement in accordance with 7 Section 10-22 of this Act to perform work at the cemetery. 8 (b) No action may be taken under this Act against a person 9 licensed under this Act unless the action is commenced within 5 10 years after the occurrence of the alleged violations. A 11 continuing violation shall be deemed to have occurred on the 12 date when the circumstances last existed that give rise to the 13 alleged violation. 14 Section 25-13. Independent contractors. 15 (a) Notwithstanding any provision of this Act to the 16 contrary, a cemetery authority may, in exigent circumstances 17 only, allow an unlicensed independent contractor who otherwise 18 would be required to become licensed, or an independent 19 contractor that has not submitted a Worker's Statement who 20 otherwise would be required to submit a Worker's Statement, to 21 perform work of an emergency nature on a temporary basis to 22 prevent an immediate threat to public safety that could not 23 have been foreseen. The cemetery authority may only permit such 24 independent contractor to perform such work for so long as is 25 reasonably necessary to address the emergency, but in no case HB1188 Enrolled - 72 - LRB096 08565 DRJ 18688 b 1 longer than 10 days unless the Secretary approves a longer 2 period of time upon the cemetery authority's showing of good 3 cause. The cemetery authority shall report the use of such 4 independent contractor to the Department on forms provided by 5 the Department and according to rules adopted by the 6 Department. 7 (b) Notwithstanding any provision of this Act to the 8 contrary, a cemetery authority may allow an unlicensed 9 independent contractor who otherwise would be required to 10 become licensed, or an independent contractor that has not 11 submitted a Worker's Statement who otherwise would be required 12 to submit a Worker's Statement, to perform work on a special 13 project basis, and only to perform work other than the 14 following services: openings and closings of vaults and graves, 15 stone settings, inurnments, interments, entombments, 16 administrative work, handling of any official burial records, 17 and all other work that is customarily performed by one or more 18 cemetery workers before the effective date of the Act, 19 including, but not limited to, the preparation of foundations 20 for memorials and routine cemetery maintenance. For purposes of 21 this subsection, "routine cemetery maintenance" includes those 22 activities described in items (1), (2), (3), and (6) of Section 23 20-5(a) of this Act. 24 Section 25-14. Mandatory reports. 25 (a) If a cemetery authority receives a consumer complaint HB1188 Enrolled - 73 - LRB096 08565 DRJ 18688 b 1 that is not resolved to the satisfaction of the consumer within 2 60 days of the complaint, the cemetery authority shall advise 3 the consumer of the right to seek investigation by the 4 Department and shall report the consumer complaint to the 5 Department within the next 30 days. Cemetery authorities shall 6 report to the Department within 30 days after the settlement of 7 any liability insurance claim or cause of action, or final 8 judgment in any cause of action, that alleges negligence, 9 fraud, theft, misrepresentation, misappropriation, or breach 10 of contract. 11 (b) The State's Attorney of each county shall report to the 12 Department all instances in which an individual licensed as a 13 cemetery manager or customer service employee, or any 14 individual listed on a licensed cemetery authority's 15 application under this Act, is convicted or otherwise found 16 guilty of the commission of any felony. The report shall be 17 submitted to the Department within 60 days after conviction or 18 finding of guilty. 19 Section 25-15. Cease and desist. 20 (a) The Secretary may issue an order to cease and desist to 21 any licensee or other person doing business without the 22 required license when, in the opinion of the Secretary, the 23 licensee or other person is violating or is about to violate 24 any provision of this Act or any rule or requirement imposed in 25 writing by the Department. HB1188 Enrolled - 74 - LRB096 08565 DRJ 18688 b 1 (b) The Secretary may issue an order to cease and desist 2 prior to a hearing and such order shall be in full force and 3 effect until a final administrative order is entered. 4 (c) The Secretary shall serve notice of his or her action, 5 designated as an order to cease and desist made pursuant to 6 this Section, including a statement of the reasons for the 7 action, either personally or by certified mail, return receipt 8 requested. Service by certified mail shall be deemed completed 9 when the notice is deposited in the United States mail and sent 10 to the address of record or, in the case of unlicensed 11 activity, the address known to the Department. 12 (d) Within 15 days after service of the order to cease and 13 desist, the licensee or other person may request, in writing, a 14 hearing. 15 (e) The Secretary shall schedule a hearing within 30 days 16 after the request for a hearing unless otherwise agreed to by 17 the parties. 18 (f) The Secretary shall have the authority to prescribe 19 rules for the administration of this Section. 20 (g) If, after hearing, it is determined that the Secretary 21 has the authority to issue the order to cease and desist, he or 22 she may issue such orders as may be reasonably necessary to 23 correct, eliminate, or remedy such conduct. 24 (h) The powers vested in the Secretary by this Section are 25 additional to any and all other powers and remedies vested in 26 the Secretary by law and nothing in this Section shall be HB1188 Enrolled - 75 - LRB096 08565 DRJ 18688 b 1 construed as requiring that the Secretary shall employ the 2 power conferred in this Section instead of or as a condition 3 precedent to the exercise of any other power or remedy vested 4 in the Secretary. 5 Section 25-25. Investigations, notice, hearings. 6 (a) The Department may at any time investigate the actions 7 of any applicant or of any person or persons rendering or 8 offering to render services as a cemetery authority, cemetery 9 manager, or customer service employee of or any person holding 10 or claiming to hold a license as a licensed cemetery authority, 11 cemetery manager, or customer service employee. If it appears 12 to the Department that a person has engaged in, is engaging in, 13 or is about to engage in any practice declared to be unlawful 14 by this Act, then the Department may: (1) require that person 15 to file on such terms as the Department prescribes a statement 16 or report in writing, under oath or otherwise, containing all 17 information the Department may consider necessary to ascertain 18 whether a licensee is in compliance with this Act, or whether 19 an unlicensed person is engaging in activities for which a 20 license is required; (2) examine under oath any individual in 21 connection with the books and records pertaining to or having 22 an impact upon the operation of a cemetery or trust funds 23 required to be maintained pursuant to this Act; (3) examine any 24 books and records of the licensee, trustee, or investment 25 advisor that the Department may consider necessary to ascertain HB1188 Enrolled - 76 - LRB096 08565 DRJ 18688 b 1 compliance with this Act; and (4) require the production of a 2 copy of any record, book, document, account, or paper that is 3 produced in accordance with this Act and retain it in his or 4 her possession until the completion of all proceedings in 5 connection with which it is produced. 6 (b) The Secretary may, after 10 days notice by certified 7 mail with return receipt requested to the licensee at the 8 address of record or to the last known address of any other 9 person stating the contemplated action and in general the 10 grounds therefor, fine such licensee an amount not exceeding 11 $10,000 per violation or revoke, suspend, refuse to renew, 12 place on probation, or reprimand any license issued under this 13 Act if he or she finds that: 14 (1) the licensee has failed to comply with any 15 provision of this Act or any order, decision, finding, 16 rule, regulation, or direction of the Secretary lawfully 17 made pursuant to the authority of this Act; or 18 (2) any fact or condition exists which, if it had 19 existed at the time of the original application for the 20 license, clearly would have warranted the Secretary in 21 refusing to issue the license. 22 (c) The Secretary may fine, revoke, suspend, refuse to 23 renew, place on probation, reprimand, or take any other 24 disciplinary action as to the particular license with respect 25 to which grounds for the fine, revocation, suspension, refuse 26 to renew, probation, or reprimand, or other disciplinary action HB1188 Enrolled - 77 - LRB096 08565 DRJ 18688 b 1 occur or exist, but if the Secretary finds that grounds for 2 revocation are of general application to all offices or to more 3 than one office of the licensee, the Secretary shall fine, 4 revoke, suspend, refuse to renew, place on probation, 5 reprimand, or otherwise discipline every license to which such 6 grounds apply. 7 (d) In every case in which a license is revoked, suspended, 8 placed on probation, reprimanded, or otherwise disciplined, 9 the Secretary shall serve the licensee with notice of his or 10 her action, including a statement of the reasons for his or her 11 actions, either personally or by certified mail, return receipt 12 requested. Service by certified mail shall be deemed completed 13 when the notice is deposited in the United States mail and sent 14 to the address of record. 15 (e) An order assessing a fine, an order revoking, 16 suspending, placing on probation, or reprimanding a license or, 17 an order denying renewal of a license shall take effect upon 18 service of the order unless the licensee requests, in writing, 19 within 20 days after the date of service, a hearing. In the 20 event a hearing is requested, an order issued under this 21 Section shall be stayed until a final administrative order is 22 entered. 23 (f) If the licensee requests a hearing, then the Secretary 24 shall schedule a hearing within 30 days after the request for a 25 hearing unless otherwise agreed to by the parties. The 26 Secretary shall have the authority to appoint an attorney duly HB1188 Enrolled - 78 - LRB096 08565 DRJ 18688 b 1 licensed to practice law in the State of Illinois to serve as 2 the hearing officer in any disciplinary action with regard to a 3 license. The hearing officer shall have full authority to 4 conduct the hearing. 5 (g) The hearing shall be held at the time and place 6 designated by the Secretary. 7 (h) The Secretary shall have the authority to prescribe 8 rules for the administration of this Section. 9 (i) Fines imposed and any costs assessed shall be paid 10 within 60 days. 11 Section 25-30. Consent order. At any point in any 12 investigation or disciplinary proceeding provided for in this 13 Act, both parties may agree to a negotiated consent order. The 14 consent order shall be final upon signature of the Secretary. 15 Section 25-35. Record of proceedings; transcript. The 16 Department, at its expense, shall preserve a record of all 17 proceedings at the formal hearing of any case. Any notice, all 18 documents in the nature of pleadings, written motions filed in 19 the proceedings, the transcripts of testimony, and orders of 20 the Department shall be in the record of the proceeding. 21 Section 25-40. Subpoenas; depositions; oaths. 22 (a) The Department has the power to subpoena documents, 23 books, records, or other materials and to bring before it any HB1188 Enrolled - 79 - LRB096 08565 DRJ 18688 b 1 individual and to take testimony either orally or by 2 deposition, or both, with the same fees and mileage and in the 3 same manner as prescribed in civil cases in the courts of this 4 State. 5 (b) The Secretary and the designated hearing officer have 6 the power to administer oaths to witnesses at any hearing that 7 the Department is authorized to conduct and any other oaths 8 authorized in any Act administered by the Department. 9 (c) Every individual having taken an oath or affirmation in 10 any proceeding or matter wherein an oath is required by this 11 Act, who shall swear willfully, corruptly, and falsely in a 12 matter material to the issue or point in question, or shall 13 suborn any other individual to swear as aforesaid, shall be 14 guilty of perjury or subornation of perjury, as the case may be 15 and shall be punished as provided by State law relative to 16 perjury and subornation of perjury. 17 Section 25-45. Compelling testimony. Any circuit court, 18 upon application of the Department or designated hearing 19 officer may enter an order requiring the attendance of 20 witnesses and their testimony, and the production of documents, 21 papers, files, books, and records in connection with any 22 hearing or investigation. The court may compel obedience to its 23 order by proceedings for contempt. 24 Section 25-50. Findings and recommendations. HB1188 Enrolled - 80 - LRB096 08565 DRJ 18688 b 1 (a) At the conclusion of the hearing, the hearing officer 2 shall present to the Secretary a written report of its findings 3 of fact, conclusions of law, and recommendations. The report 4 shall contain a finding whether the accused person violated 5 this Act or its rules or failed to comply with the conditions 6 required in this Act or its rules. The hearing officer shall 7 specify the nature of any violations or failure to comply and 8 shall make his or her recommendations to the Secretary. In 9 making recommendations for any disciplinary actions, the 10 hearing officer may take into consideration all facts and 11 circumstances bearing upon the reasonableness of the conduct of 12 the accused and the potential for future harm to the public, 13 including, but not limited to, previous discipline of the 14 accused by the Department, intent, degree of harm to the public 15 and likelihood of harm in the future, any restitution made by 16 the accused, and whether the incident or incidents contained in 17 the complaint appear to be isolated or represent a continuing 18 pattern of conduct. In making its recommendations for 19 discipline, the hearing officer shall endeavor to ensure that 20 the severity of the discipline recommended is reasonably 21 related to the severity of the violation. 22 (b) The report of findings of fact, conclusions of law, and 23 recommendation of the hearing officer shall be the basis for 24 the Department's final order refusing to issue, restore, or 25 renew a license, or otherwise disciplining a licensee. If the 26 Secretary disagrees with the recommendations of the hearing HB1188 Enrolled - 81 - LRB096 08565 DRJ 18688 b 1 officer, the Secretary may issue an order in contravention of 2 the hearing officer's recommendations. The finding is not 3 admissible in evidence against the person in a criminal 4 prosecution brought for a violation of this Act, but the 5 hearing and finding are not a bar to a criminal prosecution 6 brought for a violation of this Act. 7 Section 25-55. Rehearing. At the conclusion of the 8 hearing, a copy of the hearing officer's report shall be served 9 upon the applicant, licensee, or unlicensed person by the 10 Department, either personally or as provided in this Act. 11 Within 20 days after service, the applicant or licensee may 12 present to the Department a motion in writing for a rehearing, 13 which shall specify the particular grounds for rehearing. The 14 Department may respond to the motion for rehearing within 20 15 days after its service on the Department. If no motion for 16 rehearing is filed, then upon the expiration of the time 17 specified for filing such a motion, or if a motion for 18 rehearing is denied, then upon denial, the Secretary may enter 19 a final order in accordance with recommendations of the hearing 20 officer except as provided in Section 25-60 of this Act. If the 21 applicant, licensee, or unlicensed person orders from the 22 reporting service and pays for a transcript of the record 23 within the time for filing a motion for rehearing, the 20-day 24 period within which a motion may be filed shall commence upon 25 the delivery of the transcript to the applicant or licensee. HB1188 Enrolled - 82 - LRB096 08565 DRJ 18688 b 1 Section 25-60. Secretary; rehearing. Whenever the 2 Secretary believes that substantial justice has not been done 3 in the revocation, suspension, or refusal to issue, restore, or 4 renew a license, or other discipline of an applicant or 5 licensee, he or she may order a rehearing by the same or other 6 hearing officers. 7 Section 25-65. Order or certified copy; prima facie proof. 8 An order or certified copy thereof, over the seal of the 9 Department and purporting to be signed by the Secretary, is 10 prima facie proof that: 11 (1) the signature is the genuine signature of the 12 Secretary; 13 (2) the Secretary is duly appointed and qualified; and 14 (3) the hearing officer is qualified to act. 15 Section 25-70. Receivership. In the event a cemetery 16 authority license is suspended or revoked or where an 17 unlicensed person has conducted activities requiring cemetery 18 authority licensure under this Act, the Department, through the 19 Attorney General, may petition the circuit courts of this State 20 for appointment of a receiver to administer the care funds of 21 such licensee or unlicensed person or to operate the cemetery. 22 (a) The court shall appoint a receiver if the court 23 determines that a receivership is necessary or advisable: HB1188 Enrolled - 83 - LRB096 08565 DRJ 18688 b 1 (1) to ensure the orderly and proper conduct of a 2 licensee's professional business and affairs during or in 3 the aftermath of the administrative proceeding to revoke or 4 suspend the cemetery authority's license; 5 (2) for the protection of the public's interest and 6 rights in the business, premises, or activities of the 7 person sought to be placed in receivership; 8 (3) upon a showing of actual or constructive 9 abandonment of premises or business licensed or which was 10 not but should have been licensed under this Act; 11 (4) upon a showing of serious and repeated violations 12 of this Act demonstrating an inability or unwillingness of 13 a licensee to comply with the requirements of this Act; 14 (5) to prevent loss, wasting, dissipation, theft, or 15 conversion of assets that should be marshaled and held 16 available for the honoring of obligations under this Act; 17 or 18 (6) upon proof of other grounds that the court deems 19 good and sufficient for instituting receivership action 20 concerning the respondent sought to be placed in 21 receivership. 22 (b) A receivership under this Section may be temporary, or 23 for the winding up and dissolution of the business, as the 24 Department may request and the court determines to be necessary 25 or advisable in the circumstances. Venue of receivership 26 proceedings may be, at the Department's election, in Cook HB1188 Enrolled - 84 - LRB096 08565 DRJ 18688 b 1 County or the county where the subject of the receivership is 2 located. The appointed receiver shall be the Department or such 3 person as the Department may nominate and the court shall 4 approve. 5 (c) The Department may adopt rules for the implementation 6 of this Section. 7 Section 25-75. Cemetery Relief Fund. 8 (a) A special income-earning fund is hereby created in the 9 State treasury, known as the Cemetery Relief Fund. 10 (b) Beginning on July 1, 2011, and occurring on an annual 11 basis every year thereafter, three percent of the moneys in the 12 Cemetery Oversight Licensing and Disciplinary Fund shall be 13 deposited into the Cemetery Relief Fund. 14 (c) All monies deposited into the fund together with all 15 accumulated undistributed income thereon shall be held as a 16 special fund in the State treasury. The fund shall be used 17 solely for the purpose of providing grants to units of local 18 government and not-for-profit organizations, including, but 19 not limited to, not-for-profit cemetery authorities, to clean 20 up cemeteries that have been abandoned, neglected, or are 21 otherwise in need of additional care. 22 (d) The grant program shall be administered by the 23 Department. 24 Section 25-80. Surrender of license. Upon the revocation HB1188 Enrolled - 85 - LRB096 08565 DRJ 18688 b 1 or suspension of a license under this Act, the licensee shall 2 immediately surrender his or her license to the Department. If 3 the licensee fails to do so, the Department has the right to 4 seize the license. 5 Section 25-85. Inactive status. 6 (a) Any licensed manager or customer service employee who 7 notifies the Department in writing on forms prescribed by the 8 Department as determined by rule, may elect to place his or her 9 license on an inactive status and shall, subject to rules of 10 the Department, be excused from payment of renewal fees until 11 he or she notifies the Department in writing of his or her 12 desire to resume active status. Any licensed manager or 13 licensed customer service employee requesting restoration from 14 inactive status shall pay the current renewal fee and meet 15 requirements as provided by rule. Any licensee whose license is 16 in inactive status shall not practice in the State of Illinois. 17 (b) A cemetery authority license may only go on inactive 18 status by following the provisions for dissolution set forth in 19 Section 10-50 or transfer in Section 10-45. 20 Section 25-90. Restoration of license from discipline. At 21 any time after the successful completion of a term of 22 indefinite probation, suspension, or revocation of a license, 23 the Department may restore the license to the licensee, unless 24 after an investigation and a hearing the Secretary determines HB1188 Enrolled - 86 - LRB096 08565 DRJ 18688 b 1 that restoration is not in the public interest. 2 Section 25-95. Administrative review; venue. 3 (a) All final administrative decisions of the Department 4 are subject to judicial review under the Administrative Review 5 Law and its rules. The term "administrative decision" is 6 defined as in Section 3-101 of the Code of Civil Procedure. 7 (b) Proceedings for judicial review shall be commenced in 8 the circuit court of the county in which the party applying for 9 review resides, but if the party is not a resident of Illinois, 10 the venue shall be in Sangamon County. 11 Section 25-100. Certifications of record; costs. The 12 Department shall not be required to certify any record to the 13 court, to file an answer in court, or to otherwise appear in 14 any court in a judicial review proceeding unless and until the 15 Department has received from the plaintiff payment of the costs 16 of furnishing and certifying the record, which costs shall be 17 determined by the Department. Failure on the part of the 18 plaintiff to file the receipt in court is grounds for dismissal 19 of the action. 20 Section 25-105. Violations. Any person who is found to 21 have violated any provision of this Act or any applicant for 22 licensure who files with the Department the fingerprints of an 23 individual other than himself or herself is guilty of a Class A HB1188 Enrolled - 87 - LRB096 08565 DRJ 18688 b 1 misdemeanor. Upon conviction of a second or subsequent offense 2 the violator shall be guilty of a Class 4 felony. However, 3 whoever intentionally fails to deposit the required amounts 4 into a trust provided for in this Act or intentionally and 5 improperly withdraws or uses trust funds for his or her own 6 benefit shall be guilty of a Class 4 felony and each day such 7 provisions are violated shall constitute a separate offense. 8 Section 25-110. Civil action and civil penalties. In 9 addition to the other penalties and remedies provided in this 10 Act, the Department may bring a civil action in the county in 11 which the cemetery is located against a licensee or any other 12 person to enjoin any violation or threatened violation of this 13 Act. In addition to any other penalty provided by law, any 14 person who violates this Act shall forfeit and pay a civil 15 penalty to the Department in an amount not to exceed $10,000 16 for each violation as determined by the Department. The civil 17 penalty shall be assessed by the Department in accordance with 18 the provisions of this Act. Any civil penalty shall be paid 19 within 60 days after the effective date of the order imposing 20 the civil penalty. The order shall constitute a judgment and 21 may be filed and execution had thereon in the same manner as 22 any judgment from any court of record. All moneys collected 23 under this Section shall be deposited into the Cemetery 24 Oversight Licensing and Disciplinary Fund. HB1188 Enrolled - 88 - LRB096 08565 DRJ 18688 b 1 Section 25-115. Illinois Administrative Procedure Act; 2 application. The Illinois Administrative Procedure Act is 3 expressly adopted and incorporated in this Act as if all of the 4 provisions of that Act were included in this Act, except that 5 the provision of paragraph (d) of Section 10-65 of the Illinois 6 Administrative Procedure Act, which provides that at hearings 7 the licensee has the right to show compliance with all lawful 8 requirements for retention or continuation or renewal of the 9 license, is specifically excluded. For the purpose of this Act, 10 the notice required under Section 10-25 of the Illinois 11 Administrative Procedure Act is considered sufficient when 12 mailed to the address of record. 13 Section 25-120. Whistleblower protection. 14 (a) "Retaliatory action" means the reprimand, discharge, 15 suspension, demotion, denial of promotion or transfer, or 16 change in the terms and conditions of employment of any 17 cemetery manager, licensed customer service employee, or 18 cemetery worker that is taken in retaliation for a cemetery 19 manager's, customer service employee's, or cemetery worker's 20 involvement in protected activity, as set forth in this 21 Section. 22 (b) A cemetery authority shall not take any retaliatory 23 action against a cemetery manager, customer service employee, 24 or cemetery worker because the cemetery manager, customer 25 service employee, or cemetery worker does any of the following: HB1188 Enrolled - 89 - LRB096 08565 DRJ 18688 b 1 (1) Discloses or threatens to disclose to a supervisor 2 or to a public body an activity, policy, or practice of a 3 cemetery manager, customer service employee, or the 4 cemetery authority that the cemetery manager, customer 5 service employee, or cemetery worker reasonably believes 6 is in violation of a law, rule, or regulation. 7 (2) Provides information to or testifies before any 8 public body conducting an investigation, hearing, or 9 inquiry into any violation of a law, rule, or regulation by 10 a cemetery manager or cemetery authority. 11 (3) Assists or participates in a proceeding to enforce 12 the provisions of this Act. 13 (c) A violation of this Section may be established only 14 upon a finding that (i) the cemetery manager, customer service 15 employee, or cemetery worker engaged in conduct described in 16 subsection (b) of this Section and (ii) that this conduct was a 17 contributing factor in the retaliatory action alleged by the 18 cemetery manager, customer service employee, or cemetery 19 worker. It is not a violation, however, if it is demonstrated 20 by clear and convincing evidence that the cemetery manager or 21 cemetery authority would have taken the same unfavorable 22 personnel action in the absence of that conduct. 23 (d) The cemetery manager, customer service employee, or 24 cemetery worker may be awarded all remedies necessary to make 25 the cemetery manager, customer service employee, or cemetery 26 worker whole and to prevent future violations of this Section. HB1188 Enrolled - 90 - LRB096 08565 DRJ 18688 b 1 Remedies imposed by the court may include, but are not limited 2 to, all of the following: 3 (1) reinstatement of the individual to either the same 4 position held before the retaliatory action or to an 5 equivalent position; 6 (2) two times the amount of back pay; 7 (3) interest on the back pay; 8 (4) the reinstatement of full fringe benefits and 9 seniority rights; and 10 (5) the payment of reasonable costs and attorneys' 11 fees. 12 (e) Nothing in this Section shall be deemed to diminish the 13 rights, privileges, or remedies of a cemetery manager, customer 14 service employee, or cemetery worker under any other federal or 15 State law, rule, or regulation or under any employment 16 contract. 17 Section 25-125. Cemetery Oversight Board. The Cemetery 18 Oversight Board is created and shall consist of the Secretary, 19 who shall serve as its chairperson, and 8 members appointed by 20 the Secretary. Appointments shall be made within 90 days after 21 the effective date of this Act. Three members shall represent 22 the segment of the cemetery industry that does not maintain a 23 partial exemption or full exemption, one member shall represent 24 the segment of the cemetery industry that maintains a partial 25 exemption as a public cemetery, one member shall represent the HB1188 Enrolled - 91 - LRB096 08565 DRJ 18688 b 1 segment of the cemetery industry that maintains a partial 2 exemption as a religious cemetery, 2 members shall be consumers 3 as defined in this Act, and one member shall represent the 4 general public. No member shall be a licensed professional from 5 a non-cemetery segment of the death care industry. Board 6 members shall serve 5-year terms and until their successors are 7 appointed and qualified. The membership of the Board should 8 reasonably reflect representation from the geographic areas in 9 this State. No member shall be reappointed to the Board for a 10 term that would cause his or her continuous service on the 11 Board to be longer than 10 successive years. Appointments to 12 fill vacancies shall be made in the same manner as original 13 appointments, for the unexpired portion of the vacated term. 14 Five members of the Board shall constitute a quorum. A quorum 15 is required for Board decisions. The Secretary may remove any 16 member of the Board for misconduct, incompetence, neglect of 17 duty, or for reasons prescribed by law for removal of State 18 officials. The Secretary may remove a member of the Board who 19 does not attend 2 consecutive meetings. The Department may, at 20 any time, seek the expert advice and knowledge of the Board on 21 any matter relating to the administration or enforcement of 22 this Act. The Secretary shall consider the recommendations of 23 the Board in the development of proposed rules under this Act 24 and for establishing guidelines and examinations as may be 25 required under this Act. Notice of any proposed rulemaking 26 under this Act shall be transmitted to the Board and the HB1188 Enrolled - 92 - LRB096 08565 DRJ 18688 b 1 Department shall review the response of the Board and any 2 recommendations made therein. 3 Article 35. 4 Consumer Bill of Rights 5 Section 35-5. Penalties. Cemetery authorities shall 6 respect the rights of consumers of cemetery products and 7 services as put forth in this Article. Failure to abide by the 8 cemetery duties listed in this Article or to comply with a 9 request by a consumer based on a consumer's privileges under 10 this Article may activate the mediation, citation, or 11 disciplinary processes in Article 25 of this Act. 12 Section 35-10. Consumer privileges. 13 (a) The record required under this Section shall be open to 14 public inspection consistent with State and federal law. The 15 cemetery authority shall make available, consistent with State 16 and federal law, a true copy of the record upon written request 17 and payment of reasonable copy costs. At the time of the 18 interment, entombment, or inurnment, the cemetery authority 19 shall provide the record of the deceased's name and date of 20 burial to the person who would have authority to dispose of the 21 decedent's remains under the Disposition of Remains Act. 22 (b) Consumers have the right to purchase merchandise or 23 services directly from the cemetery authority when available or HB1188 Enrolled - 93 - LRB096 08565 DRJ 18688 b 1 through a third-party vendor of the consumer's choice without 2 incurring a penalty or additional charge by the cemetery 3 authority; provided, however, that consumers do not have the 4 right to purchase types of merchandise that would violate 5 applicable law or the cemetery authority's rules and 6 regulations. 7 (c) Consumers have the right to complain to the cemetery 8 authority or to the Department regarding cemetery-related 9 products and services as well as issues with customer service, 10 maintenance, or other cemetery activities. Complaints may be 11 brought by a consumer or the consumer's agent appointed for 12 that purpose. 13 Section 35-15. Cemetery duties. 14 (a) Prices for all cemetery-related products offered for 15 sale by the cemetery authority must be disclosed to the 16 consumer in writing on a standardized price list. 17 Memorialization pricing may be disclosed in price ranges. The 18 price list shall include the effective dates of the prices. The 19 price list shall include not only the range of interment, 20 inurnment, and entombment rights, and the cost of extending the 21 term of any term burial, but also any related merchandise or 22 services offered by the cemetery authority. Charges for 23 installation of markers, monuments, and vaults in cemeteries 24 must be the same without regard to where the item is purchased. 25 (b) A contract for the interment, inurnment, or entombment HB1188 Enrolled - 94 - LRB096 08565 DRJ 18688 b 1 of human remains must be signed by both parties: the consumer 2 and the cemetery authority or its representative. Before a 3 contract is signed, the prices for the purchased services and 4 merchandise must be disclosed on the contract and in plain 5 language. If a contract is for a term burial, the term, the 6 option to extend the term, and the subsequent disposition of 7 the human remains post-term must be in bold print and discussed 8 with the consumer. Any contract for the sale of a burial plot, 9 when designated, must disclose the exact location of the burial 10 plot based on the survey of the cemetery map or plat on file 11 with the cemetery authority. 12 (c) A cemetery authority that has the legal right to extend 13 a term burial shall, prior to disinterment, provide the family 14 or other authorized agent under the Disposition of Remains Act 15 the opportunity to extend the term of a term burial for the 16 cost as stated on the cemetery authority's current price list. 17 Regardless of whether the family or other authorized agent 18 chooses to extend the term burial, the cemetery authority 19 shall, prior to disinterment, provide notice to the family or 20 other authorized agent under the Disposition of Remains Act of 21 the cemetery authority's intention to disinter the remains and 22 to inter different human remains in that space. 23 (d) If any rules or regulations, including the operational 24 or maintenance requirements, of a cemetery change after the 25 date a contract is signed for the purchase of cemetery-related 26 or funeral-related products or services, the cemetery may not HB1188 Enrolled - 95 - LRB096 08565 DRJ 18688 b 1 require the consumer, purchaser, or such individual's relative 2 or representative to purchase any merchandise or service not 3 included in the original contract or in the rules and 4 regulations in existence when the contract was entered unless 5 the purchase is reasonable or required to make the cemetery 6 authority compliant with applicable law. 7 (e) No cemetery authority or its agent may engage in 8 deceptive or unfair practices. The cemetery authority and its 9 agents may not misrepresent legal or cemetery requirements. 10 (f) The Department may adopt rules regarding green burial 11 certification, green cremation products and methods, and 12 consumer education. 13 (g) The contractual requirements contained in this Section 14 only apply to contracts executed after the effective date of 15 this Act. 16 Article 75. 17 Administrative Provisions 18 Section 75-5. Conflict of interest. No investigator may 19 hold an active license issued pursuant to this Act, nor may an 20 investigator have a financial interest in a business licensed 21 under this Act. Any individual licensed under this Act who is 22 employed by the Department shall surrender his or her license 23 to the Department for the duration of that employment. The 24 licensee shall be exempt from all renewal fees while employed. HB1188 Enrolled - 96 - LRB096 08565 DRJ 18688 b 1 Section 75-15. Civil Administrative Code. The Department 2 shall exercise the powers and duties prescribed by the Civil 3 Administrative Code of Illinois and shall exercise all other 4 powers and duties set forth in this Act. 5 Section 75-20. Rules. The Department may adopt rules for 6 the administration and enforcement of this Act. The rules shall 7 include standards for licensure, professional conduct, and 8 discipline. 9 Section 75-25. Home rule. The regulation and licensing as 10 provided for in this Act are exclusive powers and functions of 11 the State. A home rule unit may not regulate or license 12 cemetery authorities, cemetery managers, customer service 13 employees, cemetery workers, or any activities relating to the 14 operation of a cemetery. This Section is a denial and 15 limitation of home rule powers and functions under subsection 16 (h) of Section 6 of Article VII of the Illinois Constitution. 17 Section 75-35. Roster. The Department shall, upon request 18 and payment of the required fee, provide a list of the names 19 and business addresses of all licensees under this Act. 20 Section 75-45. Fees. The Department shall by rule provide 21 for fees for the administration and enforcement of this Act, HB1188 Enrolled - 97 - LRB096 08565 DRJ 18688 b 1 and those fees are nonrefundable. All of the fees and fines 2 collected under this Act shall be deposited into the Cemetery 3 Oversight Licensing and Disciplinary Fund and be appropriated 4 to the Department for the ordinary and contingent expenses of 5 the Department in the administration and enforcement of this 6 Act. 7 Section 75-50. Burial permits. Notwithstanding any law to 8 the contrary, a cemetery authority shall ensure that every 9 burial permit applicable to that cemetery authority contains 10 the decedent's parcel identification number or other 11 information as provided by rule regarding the location of the 12 interment, entombment, or inurnment of the deceased that would 13 enable the Department to determine the precise location of the 14 decedent. 15 Section 75-55. Transition. 16 (a) Within 60 days after the effective date of this Act, 17 the Comptroller shall provide the Department copies of records 18 in the Comptroller's possession pertaining to the Cemetery Care 19 Act and the Crematory Regulation Act that are necessary for the 20 Department's immediate responsibilities under this Act. All 21 other records pertaining to the Cemetery Care Act and the 22 Crematory Regulation Act shall be transferred to the Department 23 by March 1, 2012. In the case of records that pertain both to 24 the administration of the Cemetery Care Act or the Crematory HB1188 Enrolled - 98 - LRB096 08565 DRJ 18688 b 1 Regulation Act and to a function retained by the Comptroller, 2 the Comptroller, in consultation with the Department, shall 3 determine, within 60 days after the repeal of the Cemetery Care 4 Act, whether the records shall be transferred, copied, or left 5 with the Comptroller; until this determination has been made 6 the transfer shall not occur. 7 (b) A person licensed under one of the Acts listed in 8 subsection (a) of this Section or regulated under the Cemetery 9 Association Act shall continue to comply with the provisions of 10 those Acts until such time as the person is licensed under this 11 Act or those Acts are repealed or the amendatory changes made 12 by this amendatory Act of the 96th General Assembly take 13 effect, as the case may be, whichever is earlier. 14 (c) To support the costs that may be associated with 15 implementing and maintaining a licensure and regulatory 16 process for the licensure and regulation of cemetery 17 authorities, cemetery managers, customer service employees, 18 and cemetery workers, all cemetery authorities not maintaining 19 a full exemption or partial exemption shall pay a one-time fee 20 of $20 to the Department plus an additional charge of $1 per 21 burial unit per year within the cemetery. The Department may 22 establish forms for the collection of the fee established under 23 this subsection and shall deposit such fee into the Cemetery 24 Oversight Licensing and Disciplinary Fund. The Department may 25 begin to collect the aforementioned fee after the effective 26 date of this Act. In addition, the Department may establish HB1188 Enrolled - 99 - LRB096 08565 DRJ 18688 b 1 rules for the collection process, which may include, but shall 2 not be limited to, dates, forms, enforcement, or other 3 procedures necessary for the effective collection, deposit, 4 and overall process regarding this Section. 5 (d) Any cemetery authority that fails to pay to the 6 Department the required fee or submits the incorrect amount 7 shall be subject to the penalties provided for in Section 8 25-110 of this Act. 9 (e) Except as otherwise specifically provided, all fees, 10 fines, penalties, or other moneys received or collected 11 pursuant to this Act shall be deposited in the Cemetery 12 Oversight Licensing and Disciplinary Fund. 13 (f) All proportionate funds held in the Comptroller's 14 Administrative Fund related to unexpended moneys collected 15 under the Cemetery Care Act and the Crematory Regulation Act 16 shall be transferred to the Cemetery Oversight Licensing and 17 Disciplinary Fund within 60 days after the effective date of 18 the repeal of the Cemetery Care Act. 19 (g) Personnel employed by the Comptroller on February 29, 20 2012, to perform the duties pertaining to the administration of 21 the Cemetery Care Act and the Crematory Regulation Act, are 22 transferred to the Department on March 1, 2012. 23 The rights of State employees, the State, and its agencies 24 under the Comptroller Merit Employment Code and applicable 25 collective bargaining agreements and retirement plans are not 26 affected under this Act, except that all positions transferred HB1188 Enrolled - 100 - LRB096 08565 DRJ 18688 b 1 to the Department shall be subject to the Personnel Code 2 effective March 1, 2012. 3 All transferred employees who are members of collective 4 bargaining units shall retain their seniority, continuous 5 service, salary, and accrued benefits. During the pendency of 6 the existing collective bargaining agreement, the rights 7 provided for under that agreement shall not be abridged. 8 The Department shall continue to honor during their 9 pendency all bargaining agreements in effect at the time of the 10 transfer and to recognize all collective bargaining 11 representatives for the employees who perform or will perform 12 functions transferred by this Act. For all purposes with 13 respect to the management of the existing agreement and the 14 negotiation and management of any successor agreements, the 15 Department shall be deemed the employer of employees who 16 perform or will perform functions transferred to the Department 17 by this Act. 18 Article 90. 19 Amendatory Provisions and Repeals 20 Section 90-1. The Regulatory Sunset Act is amended by 21 adding Section 8.31 as follows: 22 (5 ILCS 80/8.31 new) 23 Sec. 8.31. Acts repealed on January 1, 2021. The following HB1188 Enrolled - 101 - LRB096 08565 DRJ 18688 b 1 Acts are repealed on January 1, 2021: 2 The Crematory Regulation Act. 3 The Cemetery Oversight Act. 4 Section 90-3. The Freedom of Information Act is amended by 5 changing Section 7 as follows: 6 (5 ILCS 140/7) (from Ch. 116, par. 207) 7 (Text of Section before amendment by P.A. 96-736) 8 Sec. 7. Exemptions. 9 (1) When a request is made to inspect or copy a public 10 record that contains information that is exempt from disclosure 11 under this Section, but also contains information that is not 12 exempt from disclosure, the public body may elect to redact the 13 information that is exempt. The public body shall make the 14 remaining information available for inspection and copying. 15 Subject to this requirement, the following shall be exempt from 16 inspection and copying: 17 (a) Information specifically prohibited from 18 disclosure by federal or State law or rules and regulations 19 implementing federal or State law. 20 (b) Private information, unless disclosure is required 21 by another provision of this Act, a State or federal law or 22 a court order. 23 (b-5) Files, documents, and other data or databases 24 maintained by one or more law enforcement agencies and HB1188 Enrolled - 102 - LRB096 08565 DRJ 18688 b 1 specifically designed to provide information to one or more 2 law enforcement agencies regarding the physical or mental 3 status of one or more individual subjects. 4 (c) Personal information contained within public 5 records, the disclosure of which would constitute a clearly 6 unwarranted invasion of personal privacy, unless the 7 disclosure is consented to in writing by the individual 8 subjects of the information. "Unwarranted invasion of 9 personal privacy" means the disclosure of information that 10 is highly personal or objectionable to a reasonable person 11 and in which the subject's right to privacy outweighs any 12 legitimate public interest in obtaining the information. 13 The disclosure of information that bears on the public 14 duties of public employees and officials shall not be 15 considered an invasion of personal privacy. 16 (d) Records in the possession of any public body 17 created in the course of administrative enforcement 18 proceedings, and any law enforcement or correctional 19 agency for law enforcement purposes, but only to the extent 20 that disclosure would: 21 (i) interfere with pending or actually and 22 reasonably contemplated law enforcement proceedings 23 conducted by any law enforcement or correctional 24 agency that is the recipient of the request; 25 (ii) interfere with active administrative 26 enforcement proceedings conducted by the public body HB1188 Enrolled - 103 - LRB096 08565 DRJ 18688 b 1 that is the recipient of the request; 2 (iii) create a substantial likelihood that a 3 person will be deprived of a fair trial or an impartial 4 hearing; 5 (iv) unavoidably disclose the identity of a 6 confidential source, confidential information 7 furnished only by the confidential source, or persons 8 who file complaints with or provide information to 9 administrative, investigative, law enforcement, or 10 penal agencies; except that the identities of 11 witnesses to traffic accidents, traffic accident 12 reports, and rescue reports shall be provided by 13 agencies of local government, except when disclosure 14 would interfere with an active criminal investigation 15 conducted by the agency that is the recipient of the 16 request; 17 (v) disclose unique or specialized investigative 18 techniques other than those generally used and known or 19 disclose internal documents of correctional agencies 20 related to detection, observation or investigation of 21 incidents of crime or misconduct, and disclosure would 22 result in demonstrable harm to the agency or public 23 body that is the recipient of the request; 24 (vi) endanger the life or physical safety of law 25 enforcement personnel or any other person; or 26 (vii) obstruct an ongoing criminal investigation HB1188 Enrolled - 104 - LRB096 08565 DRJ 18688 b 1 by the agency that is the recipient of the request. 2 (e) Records that relate to or affect the security of 3 correctional institutions and detention facilities. 4 (f) Preliminary drafts, notes, recommendations, 5 memoranda and other records in which opinions are 6 expressed, or policies or actions are formulated, except 7 that a specific record or relevant portion of a record 8 shall not be exempt when the record is publicly cited and 9 identified by the head of the public body. The exemption 10 provided in this paragraph (f) extends to all those records 11 of officers and agencies of the General Assembly that 12 pertain to the preparation of legislative documents. 13 (g) Trade secrets and commercial or financial 14 information obtained from a person or business where the 15 trade secrets or commercial or financial information are 16 furnished under a claim that they are proprietary, 17 privileged or confidential, and that disclosure of the 18 trade secrets or commercial or financial information would 19 cause competitive harm to the person or business, and only 20 insofar as the claim directly applies to the records 21 requested. 22 (i) All trade secrets and commercial or financial 23 information obtained by a public body, including a public 24 pension fund, from a private equity fund or a privately 25 held company within the investment portfolio of a private 26 equity fund as a result of either investing or evaluating a HB1188 Enrolled - 105 - LRB096 08565 DRJ 18688 b 1 potential investment of public funds in a private equity 2 fund. The exemption contained in this item does not apply 3 to the aggregate financial performance information of a 4 private equity fund, nor to the identity of the fund's 5 managers or general partners. The exemption contained in 6 this item does not apply to the identity of a privately 7 held company within the investment portfolio of a private 8 equity fund, unless the disclosure of the identity of a 9 privately held company may cause competitive harm. 10 Nothing contained in this paragraph (g) shall be 11 construed to prevent a person or business from consenting 12 to disclosure. 13 (h) Proposals and bids for any contract, grant, or 14 agreement, including information which if it were 15 disclosed would frustrate procurement or give an advantage 16 to any person proposing to enter into a contractor 17 agreement with the body, until an award or final selection 18 is made. Information prepared by or for the body in 19 preparation of a bid solicitation shall be exempt until an 20 award or final selection is made. 21 (i) Valuable formulae, computer geographic systems, 22 designs, drawings and research data obtained or produced by 23 any public body when disclosure could reasonably be 24 expected to produce private gain or public loss. The 25 exemption for "computer geographic systems" provided in 26 this paragraph (i) does not extend to requests made by news HB1188 Enrolled - 106 - LRB096 08565 DRJ 18688 b 1 media as defined in Section 2 of this Act when the 2 requested information is not otherwise exempt and the only 3 purpose of the request is to access and disseminate 4 information regarding the health, safety, welfare, or 5 legal rights of the general public. 6 (j) The following information pertaining to 7 educational matters: 8 (i) test questions, scoring keys and other 9 examination data used to administer an academic 10 examination; 11 (ii) information received by a primary or 12 secondary school, college, or university under its 13 procedures for the evaluation of faculty members by 14 their academic peers; 15 (iii) information concerning a school or 16 university's adjudication of student disciplinary 17 cases, but only to the extent that disclosure would 18 unavoidably reveal the identity of the student; and 19 (iv) course materials or research materials used 20 by faculty members. 21 (k) Architects' plans, engineers' technical 22 submissions, and other construction related technical 23 documents for projects not constructed or developed in 24 whole or in part with public funds and the same for 25 projects constructed or developed with public funds, 26 including but not limited to power generating and HB1188 Enrolled - 107 - LRB096 08565 DRJ 18688 b 1 distribution stations and other transmission and 2 distribution facilities, water treatment facilities, 3 airport facilities, sport stadiums, convention centers, 4 and all government owned, operated, or occupied buildings, 5 but only to the extent that disclosure would compromise 6 security. 7 (l) Minutes of meetings of public bodies closed to the 8 public as provided in the Open Meetings Act until the 9 public body makes the minutes available to the public under 10 Section 2.06 of the Open Meetings Act. 11 (m) Communications between a public body and an 12 attorney or auditor representing the public body that would 13 not be subject to discovery in litigation, and materials 14 prepared or compiled by or for a public body in 15 anticipation of a criminal, civil or administrative 16 proceeding upon the request of an attorney advising the 17 public body, and materials prepared or compiled with 18 respect to internal audits of public bodies. 19 (n) Records relating to a public body's adjudication of 20 employee grievances or disciplinary cases; however, this 21 exemption shall not extend to the final outcome of cases in 22 which discipline is imposed. 23 (o) Administrative or technical information associated 24 with automated data processing operations, including but 25 not limited to software, operating protocols, computer 26 program abstracts, file layouts, source listings, object HB1188 Enrolled - 108 - LRB096 08565 DRJ 18688 b 1 modules, load modules, user guides, documentation 2 pertaining to all logical and physical design of 3 computerized systems, employee manuals, and any other 4 information that, if disclosed, would jeopardize the 5 security of the system or its data or the security of 6 materials exempt under this Section. 7 (p) Records relating to collective negotiating matters 8 between public bodies and their employees or 9 representatives, except that any final contract or 10 agreement shall be subject to inspection and copying. 11 (q) Test questions, scoring keys, and other 12 examination data used to determine the qualifications of an 13 applicant for a license or employment. 14 (r) The records, documents, and information relating 15 to real estate purchase negotiations until those 16 negotiations have been completed or otherwise terminated. 17 With regard to a parcel involved in a pending or actually 18 and reasonably contemplated eminent domain proceeding 19 under the Eminent Domain Act, records, documents and 20 information relating to that parcel shall be exempt except 21 as may be allowed under discovery rules adopted by the 22 Illinois Supreme Court. The records, documents and 23 information relating to a real estate sale shall be exempt 24 until a sale is consummated. 25 (s) Any and all proprietary information and records 26 related to the operation of an intergovernmental risk HB1188 Enrolled - 109 - LRB096 08565 DRJ 18688 b 1 management association or self-insurance pool or jointly 2 self-administered health and accident cooperative or pool. 3 Insurance or self insurance (including any 4 intergovernmental risk management association or self 5 insurance pool) claims, loss or risk management 6 information, records, data, advice or communications. 7 (t) Information contained in or related to 8 examination, operating, or condition reports prepared by, 9 on behalf of, or for the use of a public body responsible 10 for the regulation or supervision of financial 11 institutions or insurance companies, unless disclosure is 12 otherwise required by State law. 13 (u) Information that would disclose or might lead to 14 the disclosure of secret or confidential information, 15 codes, algorithms, programs, or private keys intended to be 16 used to create electronic or digital signatures under the 17 Electronic Commerce Security Act. 18 (v) Vulnerability assessments, security measures, and 19 response policies or plans that are designed to identify, 20 prevent, or respond to potential attacks upon a community's 21 population or systems, facilities, or installations, the 22 destruction or contamination of which would constitute a 23 clear and present danger to the health or safety of the 24 community, but only to the extent that disclosure could 25 reasonably be expected to jeopardize the effectiveness of 26 the measures or the safety of the personnel who implement HB1188 Enrolled - 110 - LRB096 08565 DRJ 18688 b 1 them or the public. Information exempt under this item may 2 include such things as details pertaining to the 3 mobilization or deployment of personnel or equipment, to 4 the operation of communication systems or protocols, or to 5 tactical operations. 6 (w) (Blank). 7 (x) Maps and other records regarding the location or 8 security of generation, transmission, distribution, 9 storage, gathering, treatment, or switching facilities 10 owned by a utility, by a power generator, or by the 11 Illinois Power Agency. 12 (y) Information contained in or related to proposals, 13 bids, or negotiations related to electric power 14 procurement under Section 1-75 of the Illinois Power Agency 15 Act and Section 16-111.5 of the Public Utilities Act that 16 is determined to be confidential and proprietary by the 17 Illinois Power Agency or by the Illinois Commerce 18 Commission. 19 (z) (tt) Information about students exempted from 20 disclosure under Sections 10-20.38 or 34-18.29 of the 21 School Code, and information about undergraduate students 22 enrolled at an institution of higher education exempted 23 from disclosure under Section 25 of the Illinois Credit 24 Card Marketing Act of 2009. 25 (bb) Information regarding interments, entombments, or 26 inurnments of human remains that are submitted to the HB1188 Enrolled - 111 - LRB096 08565 DRJ 18688 b 1 Cemetery Oversight Database under the Cemetery Care Act or 2 the Cemetery Oversight Act, whichever is applicable. 3 (2) A public record that is not in the possession of a 4 public body but is in the possession of a party with whom the 5 agency has contracted to perform a governmental function on 6 behalf of the public body, and that directly relates to the 7 governmental function and is not otherwise exempt under this 8 Act, shall be considered a public record of the public body, 9 for purposes of this Act. 10 (3) This Section does not authorize withholding of 11 information or limit the availability of records to the public, 12 except as stated in this Section or otherwise provided in this 13 Act. 14 (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; 15 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; 16 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; 17 revised 9-25-09.) 18 (Text of Section after amendment by P.A. 96-736) 19 Sec. 7. Exemptions. 20 (1) When a request is made to inspect or copy a public 21 record that contains information that is exempt from disclosure 22 under this Section, but also contains information that is not 23 exempt from disclosure, the public body may elect to redact the 24 information that is exempt. The public body shall make the 25 remaining information available for inspection and copying. HB1188 Enrolled - 112 - LRB096 08565 DRJ 18688 b 1 Subject to this requirement, the following shall be exempt from 2 inspection and copying: 3 (a) Information specifically prohibited from 4 disclosure by federal or State law or rules and regulations 5 implementing federal or State law. 6 (b) Private information, unless disclosure is required 7 by another provision of this Act, a State or federal law or 8 a court order. 9 (b-5) Files, documents, and other data or databases 10 maintained by one or more law enforcement agencies and 11 specifically designed to provide information to one or more 12 law enforcement agencies regarding the physical or mental 13 status of one or more individual subjects. 14 (c) Personal information contained within public 15 records, the disclosure of which would constitute a clearly 16 unwarranted invasion of personal privacy, unless the 17 disclosure is consented to in writing by the individual 18 subjects of the information. "Unwarranted invasion of 19 personal privacy" means the disclosure of information that 20 is highly personal or objectionable to a reasonable person 21 and in which the subject's right to privacy outweighs any 22 legitimate public interest in obtaining the information. 23 The disclosure of information that bears on the public 24 duties of public employees and officials shall not be 25 considered an invasion of personal privacy. 26 (d) Records in the possession of any public body HB1188 Enrolled - 113 - LRB096 08565 DRJ 18688 b 1 created in the course of administrative enforcement 2 proceedings, and any law enforcement or correctional 3 agency for law enforcement purposes, but only to the extent 4 that disclosure would: 5 (i) interfere with pending or actually and 6 reasonably contemplated law enforcement proceedings 7 conducted by any law enforcement or correctional 8 agency that is the recipient of the request; 9 (ii) interfere with active administrative 10 enforcement proceedings conducted by the public body 11 that is the recipient of the request; 12 (iii) create a substantial likelihood that a 13 person will be deprived of a fair trial or an impartial 14 hearing; 15 (iv) unavoidably disclose the identity of a 16 confidential source, confidential information 17 furnished only by the confidential source, or persons 18 who file complaints with or provide information to 19 administrative, investigative, law enforcement, or 20 penal agencies; except that the identities of 21 witnesses to traffic accidents, traffic accident 22 reports, and rescue reports shall be provided by 23 agencies of local government, except when disclosure 24 would interfere with an active criminal investigation 25 conducted by the agency that is the recipient of the 26 request; HB1188 Enrolled - 114 - LRB096 08565 DRJ 18688 b 1 (v) disclose unique or specialized investigative 2 techniques other than those generally used and known or 3 disclose internal documents of correctional agencies 4 related to detection, observation or investigation of 5 incidents of crime or misconduct, and disclosure would 6 result in demonstrable harm to the agency or public 7 body that is the recipient of the request; 8 (vi) endanger the life or physical safety of law 9 enforcement personnel or any other person; or 10 (vii) obstruct an ongoing criminal investigation 11 by the agency that is the recipient of the request. 12 (e) Records that relate to or affect the security of 13 correctional institutions and detention facilities. 14 (f) Preliminary drafts, notes, recommendations, 15 memoranda and other records in which opinions are 16 expressed, or policies or actions are formulated, except 17 that a specific record or relevant portion of a record 18 shall not be exempt when the record is publicly cited and 19 identified by the head of the public body. The exemption 20 provided in this paragraph (f) extends to all those records 21 of officers and agencies of the General Assembly that 22 pertain to the preparation of legislative documents. 23 (g) Trade secrets and commercial or financial 24 information obtained from a person or business where the 25 trade secrets or commercial or financial information are 26 furnished under a claim that they are proprietary, HB1188 Enrolled - 115 - LRB096 08565 DRJ 18688 b 1 privileged or confidential, and that disclosure of the 2 trade secrets or commercial or financial information would 3 cause competitive harm to the person or business, and only 4 insofar as the claim directly applies to the records 5 requested. 6 (i) All trade secrets and commercial or financial 7 information obtained by a public body, including a public 8 pension fund, from a private equity fund or a privately 9 held company within the investment portfolio of a private 10 equity fund as a result of either investing or evaluating a 11 potential investment of public funds in a private equity 12 fund. The exemption contained in this item does not apply 13 to the aggregate financial performance information of a 14 private equity fund, nor to the identity of the fund's 15 managers or general partners. The exemption contained in 16 this item does not apply to the identity of a privately 17 held company within the investment portfolio of a private 18 equity fund, unless the disclosure of the identity of a 19 privately held company may cause competitive harm. 20 Nothing contained in this paragraph (g) shall be 21 construed to prevent a person or business from consenting 22 to disclosure. 23 (h) Proposals and bids for any contract, grant, or 24 agreement, including information which if it were 25 disclosed would frustrate procurement or give an advantage 26 to any person proposing to enter into a contractor HB1188 Enrolled - 116 - LRB096 08565 DRJ 18688 b 1 agreement with the body, until an award or final selection 2 is made. Information prepared by or for the body in 3 preparation of a bid solicitation shall be exempt until an 4 award or final selection is made. 5 (i) Valuable formulae, computer geographic systems, 6 designs, drawings and research data obtained or produced by 7 any public body when disclosure could reasonably be 8 expected to produce private gain or public loss. The 9 exemption for "computer geographic systems" provided in 10 this paragraph (i) does not extend to requests made by news 11 media as defined in Section 2 of this Act when the 12 requested information is not otherwise exempt and the only 13 purpose of the request is to access and disseminate 14 information regarding the health, safety, welfare, or 15 legal rights of the general public. 16 (j) The following information pertaining to 17 educational matters: 18 (i) test questions, scoring keys and other 19 examination data used to administer an academic 20 examination; 21 (ii) information received by a primary or 22 secondary school, college, or university under its 23 procedures for the evaluation of faculty members by 24 their academic peers; 25 (iii) information concerning a school or 26 university's adjudication of student disciplinary HB1188 Enrolled - 117 - LRB096 08565 DRJ 18688 b 1 cases, but only to the extent that disclosure would 2 unavoidably reveal the identity of the student; and 3 (iv) course materials or research materials used 4 by faculty members. 5 (k) Architects' plans, engineers' technical 6 submissions, and other construction related technical 7 documents for projects not constructed or developed in 8 whole or in part with public funds and the same for 9 projects constructed or developed with public funds, 10 including but not limited to power generating and 11 distribution stations and other transmission and 12 distribution facilities, water treatment facilities, 13 airport facilities, sport stadiums, convention centers, 14 and all government owned, operated, or occupied buildings, 15 but only to the extent that disclosure would compromise 16 security. 17 (l) Minutes of meetings of public bodies closed to the 18 public as provided in the Open Meetings Act until the 19 public body makes the minutes available to the public under 20 Section 2.06 of the Open Meetings Act. 21 (m) Communications between a public body and an 22 attorney or auditor representing the public body that would 23 not be subject to discovery in litigation, and materials 24 prepared or compiled by or for a public body in 25 anticipation of a criminal, civil or administrative 26 proceeding upon the request of an attorney advising the HB1188 Enrolled - 118 - LRB096 08565 DRJ 18688 b 1 public body, and materials prepared or compiled with 2 respect to internal audits of public bodies. 3 (n) Records relating to a public body's adjudication of 4 employee grievances or disciplinary cases; however, this 5 exemption shall not extend to the final outcome of cases in 6 which discipline is imposed. 7 (o) Administrative or technical information associated 8 with automated data processing operations, including but 9 not limited to software, operating protocols, computer 10 program abstracts, file layouts, source listings, object 11 modules, load modules, user guides, documentation 12 pertaining to all logical and physical design of 13 computerized systems, employee manuals, and any other 14 information that, if disclosed, would jeopardize the 15 security of the system or its data or the security of 16 materials exempt under this Section. 17 (p) Records relating to collective negotiating matters 18 between public bodies and their employees or 19 representatives, except that any final contract or 20 agreement shall be subject to inspection and copying. 21 (q) Test questions, scoring keys, and other 22 examination data used to determine the qualifications of an 23 applicant for a license or employment. 24 (r) The records, documents, and information relating 25 to real estate purchase negotiations until those 26 negotiations have been completed or otherwise terminated. HB1188 Enrolled - 119 - LRB096 08565 DRJ 18688 b 1 With regard to a parcel involved in a pending or actually 2 and reasonably contemplated eminent domain proceeding 3 under the Eminent Domain Act, records, documents and 4 information relating to that parcel shall be exempt except 5 as may be allowed under discovery rules adopted by the 6 Illinois Supreme Court. The records, documents and 7 information relating to a real estate sale shall be exempt 8 until a sale is consummated. 9 (s) Any and all proprietary information and records 10 related to the operation of an intergovernmental risk 11 management association or self-insurance pool or jointly 12 self-administered health and accident cooperative or pool. 13 Insurance or self insurance (including any 14 intergovernmental risk management association or self 15 insurance pool) claims, loss or risk management 16 information, records, data, advice or communications. 17 (t) Information contained in or related to 18 examination, operating, or condition reports prepared by, 19 on behalf of, or for the use of a public body responsible 20 for the regulation or supervision of financial 21 institutions or insurance companies, unless disclosure is 22 otherwise required by State law. 23 (u) Information that would disclose or might lead to 24 the disclosure of secret or confidential information, 25 codes, algorithms, programs, or private keys intended to be 26 used to create electronic or digital signatures under the HB1188 Enrolled - 120 - LRB096 08565 DRJ 18688 b 1 Electronic Commerce Security Act. 2 (v) Vulnerability assessments, security measures, and 3 response policies or plans that are designed to identify, 4 prevent, or respond to potential attacks upon a community's 5 population or systems, facilities, or installations, the 6 destruction or contamination of which would constitute a 7 clear and present danger to the health or safety of the 8 community, but only to the extent that disclosure could 9 reasonably be expected to jeopardize the effectiveness of 10 the measures or the safety of the personnel who implement 11 them or the public. Information exempt under this item may 12 include such things as details pertaining to the 13 mobilization or deployment of personnel or equipment, to 14 the operation of communication systems or protocols, or to 15 tactical operations. 16 (w) (Blank). 17 (x) Maps and other records regarding the location or 18 security of generation, transmission, distribution, 19 storage, gathering, treatment, or switching facilities 20 owned by a utility, by a power generator, or by the 21 Illinois Power Agency. 22 (y) Information contained in or related to proposals, 23 bids, or negotiations related to electric power 24 procurement under Section 1-75 of the Illinois Power Agency 25 Act and Section 16-111.5 of the Public Utilities Act that 26 is determined to be confidential and proprietary by the HB1188 Enrolled - 121 - LRB096 08565 DRJ 18688 b 1 Illinois Power Agency or by the Illinois Commerce 2 Commission. 3 (z) (tt) Information about students exempted from 4 disclosure under Sections 10-20.38 or 34-18.29 of the 5 School Code, and information about undergraduate students 6 enrolled at an institution of higher education exempted 7 from disclosure under Section 25 of the Illinois Credit 8 Card Marketing Act of 2009. 9 (aa) (tt) Information the disclosure of which is 10 exempted under the Viatical Settlements Act of 2009. 11 (bb) Information regarding interments, entombments, or 12 inurnments of human remains that are submitted to the 13 Cemetery Oversight Database under the Cemetery Care Act or 14 the Cemetery Oversight Act, whichever is applicable. 15 (2) A public record that is not in the possession of a 16 public body but is in the possession of a party with whom the 17 agency has contracted to perform a governmental function on 18 behalf of the public body, and that directly relates to the 19 governmental function and is not otherwise exempt under this 20 Act, shall be considered a public record of the public body, 21 for purposes of this Act. 22 (3) This Section does not authorize withholding of 23 information or limit the availability of records to the public, 24 except as stated in this Section or otherwise provided in this 25 Act. 26 (Source: P.A. 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; HB1188 Enrolled - 122 - LRB096 08565 DRJ 18688 b 1 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; 96-261, eff. 1-1-10; 2 96-328, eff. 8-11-09; 96-542, eff. 1-1-10; 96-558, eff. 1-1-10; 3 96-736, eff. 7-1-10; revised 9-25-09.) 4 Section 90-5. The Human Skeletal Remains Protection Act is 5 amended by changing Section 1 as follows: 6 (20 ILCS 3440/1) (from Ch. 127, par. 2661) 7 Sec. 1. Definitions. For the purposes of this Act: 8 (a) "Human skeletal remains" include the bones and 9 decomposed fleshy parts of a deceased human body. 10 (b) "Unregistered graves" are any graves or locations where 11 a human body has been buried or deposited; is over 100 years 12 old; and is not in a cemetery under the authority of the 13 Illinois Department of Financial and Professional Regulation 14 pursuant to the Cemetery Oversight Act registered with the 15 State Comptroller under the Cemetery Care Act. 16 (c) "Grave artifacts" are any item of human manufacture or 17 use that is associated with the human skeletal remains in an 18 unregistered grave. 19 (d) "Grave markers" are any tomb, monument, stone, 20 ornament, mound, or other item of human manufacture that is 21 associated with an unregistered grave. 22 (e) "Person" means any natural individual, firm, trust, 23 estate, partnership, association, joint stock company, joint 24 venture, corporation or a receiver, trustee, guardian or other HB1188 Enrolled - 123 - LRB096 08565 DRJ 18688 b 1 representatives appointed by order of any court, the Federal 2 and State governments, including State Universities created by 3 statute or any city, town, county or other political 4 subdivision of this State. 5 (f) "Disturb" includes excavating, removing, exposing, 6 defacing, mutilating, destroying, molesting, or desecrating in 7 any way human skeletal remains, unregistered graves, and grave 8 markers. 9 (Source: P.A. 86-151.) 10 Section 90-10. The State Finance Act is amended by adding 11 Sections 5.775 and 5.776 as follows: 12 (30 ILCS 105/5.775 new) 13 Sec. 5.775. The Cemetery Oversight Licensing and 14 Disciplinary Fund. 15 (30 ILCS 105/5.776 new) 16 Sec. 5.776. The Cemetery Relief Fund. 17 Section 90-25. The Crematory Regulation Act is amended by 18 changing Sections 5, 10, 11, 11.5, 13, 20, 22, 25, 40, 55, 60, 19 62, 62.5, 62.10, 62.15, 62.20, 65, and 80 and by adding 20 Sections 7, 85, 87, 88, 89, 90, 91, 92, 93, 94, and 95 as 21 follows: HB1188 Enrolled - 124 - LRB096 08565 DRJ 18688 b 1 (410 ILCS 18/5) 2 Sec. 5. Definitions. As used in this Act: 3 "Address of record" means the designated address recorded 4 by the Department in the applicant's or licensee's application 5 file or license file. It is the duty of the applicant or 6 licensee to inform the Department of any change of address 7 within 14 days, and such changes must be made either through 8 the Department's website or by contacting the Department's 9 licensure maintenance unit. The address of record shall be the 10 permanent street address of the crematory. 11 "Alternative container" means a receptacle, other than a 12 casket, in which human remains are transported to the crematory 13 and placed in the cremation chamber for cremation. An 14 alternative container shall be (i) composed of readily 15 combustible materials suitable for cremation, (ii) able to be 16 closed in order to provide a complete covering for the human 17 remains, (iii) resistant to leakage or spillage, (iv) rigid 18 enough for handling with ease, and (v) able to provide 19 protection for the health, safety, and personal integrity of 20 crematory personnel. 21 "Authorizing agent" means a person legally entitled to 22 order the cremation and final disposition of specific human 23 remains. 24 "Body parts" means limbs or other portions of the anatomy 25 that are removed from a person or human remains for medical 26 purposes during treatment, surgery, biopsy, autopsy, or HB1188 Enrolled - 125 - LRB096 08565 DRJ 18688 b 1 medical research; or human bodies or any portion of bodies that 2 have been donated to science for medical research purposes. 3 "Burial transit permit" means a permit for disposition of a 4 dead human body as required by Illinois law. 5 "Casket" means a rigid container that is designed for the 6 encasement of human remains, is usually constructed of wood, 7 metal, or like material and ornamented and lined with fabric, 8 and may or may not be combustible. 9 "Change of ownership" means a transfer of more than 50% of 10 the stock or assets of a crematory authority. 11 "Comptroller" means the Comptroller of the State of 12 Illinois. 13 "Cremated remains" means all human remains recovered after 14 the completion of the cremation, which may possibly include the 15 residue of any foreign matter including casket material, 16 bridgework, or eyeglasses, that was cremated with the human 17 remains. 18 "Cremation" means the technical process, using heat and 19 flame, that reduces human remains to bone fragments. The 20 reduction takes place through heat and evaporation. Cremation 21 shall include the processing, and may include the 22 pulverization, of the bone fragments. 23 "Cremation chamber" means the enclosed space within which 24 the cremation takes place. 25 "Cremation interment container" means a rigid outer 26 container that, subject to a cemetery's rules and regulations, HB1188 Enrolled - 126 - LRB096 08565 DRJ 18688 b 1 is composed of concrete, steel, fiberglass, or some similar 2 material in which an urn is placed prior to being interred in 3 the ground, and which is designed to withstand prolonged 4 exposure to the elements and to support the earth above the 5 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 which is 11 licensed by the Department Comptroller to operate a crematory 12 and to perform cremations. 13 "Department" means the Illinois Department of Financial 14 and Professional Regulation 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 body. 18 "Funeral director" means a person known by the title of 19 "funeral director", "funeral director and embalmer", or other 20 similar words or titles, licensed by the State to practice 21 funeral directing or funeral directing and embalming. 22 "Funeral establishment" means a building or separate 23 portion of a building having a specific street address and 24 location and devoted to activities relating to the shelter, 25 care, custody, and preparation of a deceased human body and may 26 contain facilities for funeral or wake services. HB1188 Enrolled - 127 - LRB096 08565 DRJ 18688 b 1 "Holding facility" means an area that (i) is designated for 2 the retention of human remains prior to cremation, (ii) 3 complies with all applicable public health law, (iii) preserves 4 the health and safety of the crematory authority personnel, and 5 (iv) is secure from access by anyone other than authorized 6 persons. A holding facility may be located in a cremation room. 7 "Human remains" means the body of a deceased person, 8 including any form of body prosthesis that has been permanently 9 attached or implanted in the body. 10 "Licensee" means an entity licensed under this Act. An 11 entity that holds itself as a licensee or that is accused of 12 unlicensed practice is considered a licensee for purposes of 13 enforcement, investigation, hearings, and the Illinois 14 Administrative Procedure Act. 15 "Niche" means a compartment or cubicle for the 16 memorialization and permanent placement of an urn containing 17 cremated remains. 18 "Person" means any person, partnership, association, 19 corporation, limited liability company, or other entity, and in 20 the case of any such business organization, its officers, 21 partners, members, or shareholders possessing 25% or more of 22 ownership of the entity. 23 "Processing" means the reduction of identifiable bone 24 fragments after the completion of the cremation process to 25 unidentifiable bone fragments by manual or mechanical means. 26 "Pulverization" means the reduction of identifiable bone HB1188 Enrolled - 128 - LRB096 08565 DRJ 18688 b 1 fragments after the completion of the cremation process to 2 granulated particles by manual or mechanical means. 3 "Scattering area" means an area which may be designated by 4 a cemetery and located on dedicated cemetery property where 5 cremated remains, which have been removed from their container, 6 can be mixed with, or placed on top of, the soil or ground 7 cover. 8 "Secretary" means the Secretary of Financial and 9 Professional Regulation. 10 "Temporary container" means a receptacle for cremated 11 remains, usually composed of cardboard, plastic or similar 12 material, that can be closed in a manner that prevents the 13 leakage or spillage of the cremated remains or the entrance of 14 foreign material, and is a single container of sufficient size 15 to hold the cremated remains until an urn is acquired or the 16 cremated remains are scattered. 17 "Urn" means a receptacle designed to encase the cremated 18 remains. 19 (Source: P.A. 92-675, eff. 7-1-03.) 20 (410 ILCS 18/7 new) 21 Sec. 7. Powers and duties of the Department. Subject to the 22 provisions of this Act, the Department may exercise any of the 23 following powers and duties: 24 (1) Authorize standards to ascertain the 25 qualifications and fitness of applicants for licensing as HB1188 Enrolled - 129 - LRB096 08565 DRJ 18688 b 1 licensed crematory authorities and pass upon the 2 qualifications of applicants for licensure. 3 (2) Examine and audit a licensed crematory authority's 4 records, crematory, or any other aspects of crematory 5 operation as the Department deems appropriate. 6 (3) Investigate any and all unlicensed activity. 7 (4) Conduct hearings on proceedings to refuse to issue 8 licenses or to revoke, suspend, place on probation, 9 reprimand, or otherwise discipline licensees and to refuse 10 to issue licenses or to revoke, suspend, place on 11 probation, reprimand, or otherwise discipline licensees. 12 (5) Formulate rules required for the administration of 13 this Act. 14 (6) Maintain rosters of the names and addresses of all 15 licensees, and all entities whose licenses have been 16 suspended, revoked, or otherwise disciplined. These 17 rosters shall be available upon written request and payment 18 of the required fee as established by rule. 19 (410 ILCS 18/10) 20 Sec. 10. Establishment of crematory and licensing of 21 crematory authority. 22 (a) Any person doing business in this State, or any 23 cemetery, funeral establishment, corporation, partnership, 24 joint venture, voluntary organization or any other entity, may 25 erect, maintain, and operate a crematory in this State and HB1188 Enrolled - 130 - LRB096 08565 DRJ 18688 b 1 provide the necessary appliances and facilities for the 2 cremation of human remains in accordance with this Act. 3 (b) A crematory shall be subject to all local, State, and 4 federal health and environmental protection requirements and 5 shall obtain all necessary licenses and permits from the 6 Department of Financial and Professional Regulation, the 7 Department of Public Health, the federal Department of Health 8 and Human Services, and the Illinois and federal Environmental 9 Protection Agencies, or such other appropriate local, State, or 10 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 as a crematory authority 15 shall be in writing on forms furnished by the Department 16 Comptroller. Applications shall be accompanied by a reasonable 17 fee determined by rule of $50 and shall contain all of the 18 following: 19 (1) The full name and address, both residence and 20 business, of the applicant if the applicant is an 21 individual; the full name and address of every member if 22 the applicant is a partnership; the full name and address 23 of every member of the board of directors if the applicant 24 is an association; and the name and address of every 25 officer, director, and shareholder holding more than 25% of 26 the corporate stock if the applicant is a corporation. HB1188 Enrolled - 131 - LRB096 08565 DRJ 18688 b 1 (2) The address and location of the crematory. 2 (3) A description of the type of structure and 3 equipment to be used in the operation of the crematory, 4 including the operating permit number issued to the 5 cremation device by the Illinois Environmental Protection 6 Agency. 7 (3.5) Attestation by the owner that cremation services 8 shall be by a person trained in accordance with the 9 requirements of Section 22 of this Act. 10 (3.10) A copy of the certification or certifications 11 issued by the certification program to the person or 12 persons who will operate the cremation device. 13 (4) Any further information that the Department 14 Comptroller reasonably may require as established by rule. 15 (e) Each crematory authority shall file an annual report 16 with the Department Comptroller, accompanied with a reasonable 17 $25 fee determined by rule, providing (i) an affidavit signed 18 by the owner of the crematory authority that at the time of the 19 report the cremation device was in proper operating condition, 20 (ii) the total number of all cremations performed at the 21 crematory during the past year, (iii) attestation by the 22 licensee that all applicable permits and certifications are 23 valid, and (iv) either (A) any changes required in the 24 information provided under subsection (d) or (B) an indication 25 that no changes have occurred, and (v) any other information 26 that the Department may require as established by rule. The HB1188 Enrolled - 132 - LRB096 08565 DRJ 18688 b 1 annual report shall be filed by a crematory authority on or 2 before March 15 of each calendar year, in the Office of the 3 Comptroller. If the fiscal year of a crematory authority is 4 other than on a calendar year basis, then the crematory 5 authority shall file the report required by this Section within 6 75 days after the end of its fiscal year. The Comptroller 7 shall, for good cause shown, grant an extension for the filing 8 of the annual report upon the written request of the crematory 9 authority. An extension shall not exceed 60 days. If the fiscal 10 year of a crematory authority is other than on a calendar year 11 basis, then the crematory authority shall file the report 12 required by this Section within 75 days after the end of its 13 fiscal year. If a crematory authority fails to submit an annual 14 report to the Department Comptroller within the time specified 15 in this Section, the Department Comptroller shall impose upon 16 the crematory authority a penalty as provided for by rule of $5 17 for each and every day the crematory authority remains 18 delinquent in submitting the annual report. The Department 19 Comptroller may abate all or part of the $5 daily penalty for 20 good cause shown. 21 (f) All records required to be maintained under this Act, 22 including but not limited to those relating to the license and 23 annual report of the crematory authority required to be filed 24 under this Section, shall be subject to inspection by the 25 Comptroller upon reasonable notice. 26 (g) The Department Comptroller may inspect crematory HB1188 Enrolled - 133 - LRB096 08565 DRJ 18688 b 1 records at the crematory authority's place of business to 2 review the licensee's compliance with this Act. The inspection 3 must include verification that: 4 (1) the crematory authority has complied with 5 record-keeping requirements of this Act; 6 (2) a crematory device operator's certification of 7 training is conspicuously displayed at the crematory; 8 (3) the cremation device has a current operating permit 9 issued by the Illinois Environmental Protection Agency and 10 the permit is conspicuously displayed in the crematory; 11 (4) the crematory authority is in compliance with local 12 zoning requirements; and 13 (5) the crematory authority license issued by the 14 Department Comptroller is conspicuously displayed at the 15 crematory. 16 (6) other details as determined by rule. 17 (h) The Department Comptroller shall issue licenses under 18 this Act to the crematories that are registered with the 19 Comptroller as of on March 1, 2012 July 1, 2003 without 20 requiring the previously registered crematories to complete 21 license applications. 22 (Source: P.A. 92-419, eff. 1-1-02; 92-675, eff. 7-1-03.) 23 (410 ILCS 18/11) 24 Sec. 11. Grounds for denial or discipline refusal of 25 license or suspension or revocation of license. HB1188 Enrolled - 134 - LRB096 08565 DRJ 18688 b 1 (a) In this Section, "applicant" means a person who has 2 applied for a license under this Act including those persons 3 whose names are listed on a license application in Section 10 4 of this Act. 5 (b) The Department Comptroller may refuse to issue a 6 license, place on probation, reprimand, or take other 7 disciplinary action that the Department may deem appropriate, 8 including imposing fines not to exceed $10,000 for each 9 violation, with regard to any a license under this Act, or may 10 suspend or revoke a license issued under this Act, on any of 11 the following grounds: 12 (1) The applicant or licensee has made any 13 misrepresentation or false statement or concealed any 14 material fact in furnishing information to the Department 15 connection with a license application or licensure under 16 this Act. 17 (2) The applicant or licensee has been engaged in 18 business practices that work a fraud. 19 (3) The applicant or licensee has refused to give 20 information required under this Act to be disclosed to the 21 Department or failing, within 30 days, to provide 22 information in response to a written request made by the 23 Department Comptroller. 24 (4) Engaging in dishonorable, unethical, or 25 unprofessional conduct of a character likely to deceive, 26 defraud, or harm the public. The applicant or licensee has HB1188 Enrolled - 135 - LRB096 08565 DRJ 18688 b 1 conducted or is about to conduct cremation business in a 2 fraudulent manner. 3 (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 7 been convicted of any felony or misdemeanor an essential 8 element of which is fraud. 9 (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 Department 12 Comptroller made under this Act. 13 (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 Department Comptroller 20 under this Act. 21 (8) The Department Comptroller finds any fact or 22 condition existing that, if it had existed at the time of 23 the original application for a license under this Act, 24 would have warranted the Comptroller in refusing the 25 issuance of the license. 26 (9) Any violation of this Act or of the rules adopted HB1188 Enrolled - 136 - LRB096 08565 DRJ 18688 b 1 under this Act. 2 (10) Incompetence. 3 (11) Gross malpractice. 4 (12) Discipline by another state, District of 5 Columbia, territory, or foreign nation, if at least one of 6 the grounds for the discipline is the same or substantially 7 equivalent to those set forth in this Section. 8 (13) Directly or indirectly giving to or receiving from 9 any person, firm, corporation, partnership, or association 10 any fee, commission, rebate, or other form of compensation 11 for professional services not actually or personally 12 rendered. 13 (14) A finding by the Department that the licensee, 14 after having its license placed on probationary status, has 15 violated the terms of probation. 16 (15) Willfully making or filing false records or 17 reports, including, but not limited to, false records filed 18 with State agencies or departments. 19 (16) Gross, willful, or continued overcharging for 20 professional services, including filing false statements 21 for collection of fees for which services are not rendered. 22 (17) Practicing under a false or, except as provided by 23 law, an assumed name. 24 (18) Cheating on or attempting to subvert this Act's 25 licensing application process. 26 (Source: P.A. 92-675, eff. 7-1-03.) HB1188 Enrolled - 137 - LRB096 08565 DRJ 18688 b 1 (410 ILCS 18/11.5) 2 Sec. 11.5. License revocation or suspension; surrender of 3 license. 4 (a) (Blank). Upon determining that grounds exist for the 5 revocation or suspension of a license issued under this Act, 6 the Comptroller, if appropriate, may revoke or suspend the 7 license issued to the licensee. 8 (b) Upon the revocation or suspension of a license issued 9 under this Act, the licensee must immediately surrender the 10 license to the Department Comptroller. If the licensee fails to 11 do so, the Department Comptroller may seize the license. 12 (Source: P.A. 92-675, eff. 7-1-03.) 13 (410 ILCS 18/13) 14 Sec. 13. License; display; transfer; duration. 15 (a) Every license issued under this Act must state the 16 number of the license, the business name and address of the 17 licensee's principal place of business, and the licensee's 18 parent company, if any. The license must be conspicuously 19 posted in the place of business operating under the license. 20 (b) After initial licensure, if any person comes to obtain 21 at least 25% of the ownership over the licensed crematory 22 authority, then the crematory authority shall have to apply for 23 a new license and receive licensure in the required time as set 24 out by rule. No license is transferable or assignable without HB1188 Enrolled - 138 - LRB096 08565 DRJ 18688 b 1 the express written consent of the Comptroller. A transfer of 2 more than 50% of the ownership of any business licensed under 3 this Act shall be deemed to be an attempted assignment of the 4 license originally issued to the licensee for whom consent of 5 the Comptroller is required. 6 (c) Every license issued under this Act shall remain in 7 force until it has been surrendered, suspended, or revoked in 8 accordance with this Act. Upon the request of an interested 9 person or on the Department's Comptroller's own motion, the 10 Department Comptroller may issue a new license to a licensee 11 whose license has been revoked under this Act if no factor or 12 condition then exists which would have warranted the Department 13 Comptroller in originally refusing the issuance of the license. 14 (Source: P.A. 92-675, eff. 7-1-03.) 15 (410 ILCS 18/20) 16 Sec. 20. Authorization to cremate. 17 (a) A crematory authority shall not cremate human remains 18 until it has received all of the following: 19 (1) A cremation authorization form signed by an 20 authorizing agent. The cremation authorization form shall 21 be provided by the crematory authority and shall contain, 22 at a minimum, the following information: 23 (A) The identity of the human remains and the time 24 and date of death. 25 (B) The name of the funeral director and or funeral HB1188 Enrolled - 139 - LRB096 08565 DRJ 18688 b 1 establishment, if applicable, that obtained the 2 cremation authorization. 3 (C) Notification as to whether the death occurred 4 from a disease declared by the Department of Health to 5 be infectious, contagious, communicable, or dangerous 6 to the public health. 7 (D) The name of the authorizing agent and the 8 relationship between the authorizing agent and the 9 decedent. 10 (E) A representation that the authorizing agent 11 does in fact have the right to authorize the cremation 12 of the decedent, and that the authorizing agent is not 13 aware of any living person who has a superior priority 14 right to that of the authorizing agent, as set forth in 15 Section 15. In the event there is another living person 16 who has a superior priority right to that of the 17 authorizing agent, the form shall contain a 18 representation that the authorizing agent has made all 19 reasonable efforts to contact that person, has been 20 unable to do so, and has no reason to believe that the 21 person would object to the cremation of the decedent. 22 (F) Authorization for the crematory authority to 23 cremate the human remains. 24 (G) A representation that the human remains do not 25 contain a pacemaker or any other material or implant 26 that may be potentially hazardous or cause damage to HB1188 Enrolled - 140 - LRB096 08565 DRJ 18688 b 1 the cremation chamber or the person performing the 2 cremation. 3 (H) The name of the person authorized to receive 4 the cremated remains from the crematory authority. 5 (I) The manner in which final disposition of the 6 cremated remains is to take place, if known. If the 7 cremation authorization form does not specify final 8 disposition in a grave, crypt, niche, or scattering 9 area, then the form may indicate that the cremated 10 remains will be held by the crematory authority for 30 11 days before they are released, unless they are picked 12 up from the crematory authority prior to that time, in 13 person, by the authorizing agent. At the end of the 30 14 days the crematory authority may return the cremated 15 remains to the authorizing agent if no final 16 disposition arrangements are made; or at the end of 60 17 days the crematory authority may dispose of the 18 cremated remains in accordance with subsection (d) of 19 Section 40. 20 (J) A listing of any items of value to be delivered 21 to the crematory authority along with the human 22 remains, and instructions as to how the items should be 23 handled. 24 (K) A specific statement as to whether the 25 authorizing agent has made arrangements for any type of 26 viewing of the decedent before cremation, or for a HB1188 Enrolled - 141 - LRB096 08565 DRJ 18688 b 1 service with the decedent present before cremation in 2 connection with the cremation, and if so, the date and 3 time of the viewing or service and whether the 4 crematory authority is authorized to proceed with the 5 cremation upon receipt of the human remains. 6 (L) The signature of the authorizing agent, 7 attesting to the accuracy of all representations 8 contained on the cremation authorization form, except 9 as set forth in paragraph (M) of this subsection. 10 (M) If a cremation authorization form is being 11 executed on a pre-need basis, the cremation 12 authorization form shall contain the disclosure 13 required by subsection (b) of Section 140 65. 14 (N) The cremation authorization form, other than 15 pre-need cremation forms, shall also be signed by a 16 funeral director or other representative of the 17 funeral establishment that obtained the cremation 18 authorization. That individual shall merely execute 19 the cremation authorization form as a witness and shall 20 not be responsible for any of the representations made 21 by the authorizing agent, unless the individual has 22 actual knowledge to the contrary. The information 23 requested by items (A), (B), (C) and (G) of this 24 subsection, however, shall be considered to be 25 representations of the authorizing agent. In addition, 26 the funeral director or funeral establishment shall HB1188 Enrolled - 142 - LRB096 08565 DRJ 18688 b 1 warrant to the crematory that the human remains 2 delivered to the crematory authority are the human 3 remains identified on the cremation authorization 4 form. 5 (2) A completed and executed burial transit permit 6 indicating that the human remains are to be cremated. 7 (3) Any other documentation required by this State. 8 (b) If an authorizing agent is not available to execute a 9 cremation authorization form in person, that person may 10 delegate that authority to another person in writing, or by 11 sending the crematory authority a facsimile transmission that 12 contains the name, address, and relationship of the sender to 13 the decedent and the name and address of the individual to whom 14 authority is delegated. Upon receipt of the written document, 15 or facsimile transmission, telegram, or other electronic 16 telecommunications transmission which specifies the individual 17 to whom authority has been delegated, the crematory authority 18 shall allow this individual to serve as the authorizing agent 19 and to execute the cremation authorization form. The crematory 20 authority shall be entitled to rely upon the cremation 21 authorization form without liability. 22 (c) An authorizing agent who signs a cremation 23 authorization form shall be deemed to warrant the truthfulness 24 of any facts set forth on the cremation authorization form, 25 including that person's authority to order the cremation; 26 except for the information required by items (C) and (G) of HB1188 Enrolled - 143 - LRB096 08565 DRJ 18688 b 1 paragraph (1) of subsection (a) of this Section, unless the 2 authorizing agent has actual knowledge to the contrary. An 3 authorizing agent signing a cremation authorization form shall 4 be personally and individually liable for all damages 5 occasioned by and resulting from authorizing the cremation. 6 (d) A crematory authority shall have authority to cremate 7 human remains upon the receipt of a cremation authorization 8 form signed by an authorizing agent. There shall be no 9 liability for a crematory authority that cremates human remains 10 according to an authorization, or that releases or disposes of 11 the cremated remains according to an authorization, except for 12 a crematory authority's gross negligence, provided that the 13 crematory authority performs its functions in compliance with 14 this Act. 15 (e) After an authorizing agent has executed a cremation 16 authorization form, the authorizing agent may revoke the 17 authorization and instruct the crematory authority to cancel 18 the cremation and to release or deliver the human remains to 19 another crematory authority or funeral establishment. The 20 instructions shall be provided to the crematory authority in 21 writing. A crematory authority shall honor any instructions 22 given to it by an authorizing agent under this Section if it 23 receives the instructions prior to beginning the cremation of 24 the human remains. 25 (Source: P.A. 87-1187.) HB1188 Enrolled - 144 - LRB096 08565 DRJ 18688 b 1 (410 ILCS 18/22) 2 Sec. 22. Performance of cremation service; training. A 3 person may not perform a cremation service in this State unless 4 he or she has completed training in performing cremation 5 services and received certification by a program recognized by 6 the Department Comptroller. The crematory authority must 7 conspicuously display the certification at the crematory 8 authority's place of business. Any new employee shall have a 9 reasonable time period, as determined by rule not to exceed one 10 year, to attend a recognized training program. In the interim, 11 the new employee may perform a cremation service if he or she 12 has received training from another person who has received 13 certification by a program recognized by the Department and is 14 under the supervision of the trained person Comptroller. For 15 purposes of this Act, the Department may Comptroller shall 16 recognize any training program that provides training in the 17 operation of a cremation device, in the maintenance of a clean 18 facility, and in the proper handling of human remains. The 19 Department may Comptroller shall recognize any course that is 20 conducted by a death care trade association in Illinois or the 21 United States or by a manufacturer of a cremation unit that is 22 consistent with the standards provided in this Act or as 23 otherwise determined by rule. 24 (Source: P.A. 92-675, eff. 7-1-03.) 25 (410 ILCS 18/25) HB1188 Enrolled - 145 - LRB096 08565 DRJ 18688 b 1 Sec. 25. Recordkeeping. 2 (a) The crematory authority shall furnish to the person who 3 delivers human remains to the crematory authority a receipt 4 signed at the time of delivery by both the crematory authority 5 and the person who delivers the human remains, showing the date 6 and time of the delivery, the type of casket or alternative 7 container that was delivered, the name of the person from whom 8 the human remains were received and the name of the funeral 9 establishment or other entity with whom the person is 10 affiliated, the name of the person who received the human 11 remains on behalf of the crematory authority, and the name of 12 the decedent. The crematory shall retain a copy of this receipt 13 in its permanent records. 14 (b) Upon its release of cremated remains, the crematory 15 authority shall furnish to the person who receives the cremated 16 remains from the crematory authority a receipt signed by both 17 the crematory authority and the person who receives the 18 cremated remains, showing the date and time of the release, the 19 name of the person to whom the cremated remains were released 20 and the name of the funeral establishment, cemetery, or other 21 entity with whom the person is affiliated, the name of the 22 person who released the cremated remains on behalf of the 23 crematory authority, and the name of the decedent. The 24 crematory shall retain a copy of this receipt in its permanent 25 records. 26 (c) A crematory authority shall maintain at its place of HB1188 Enrolled - 146 - LRB096 08565 DRJ 18688 b 1 business a permanent record of each cremation that took place 2 at its facility which shall contain the name of the decedent, 3 the date of the cremation, and the final disposition of the 4 cremated remains. 5 (d) The crematory authority shall maintain a record of all 6 cremated remains disposed of by the crematory authority in 7 accordance with subsection (d) of Section 40. 8 (e) Upon completion of the cremation, the crematory 9 authority shall file the burial transit permit as required by 10 the Illinois Vital Records Act and rules adopted under that Act 11 and the Illinois Counties Code law, and transmit a photocopy of 12 the burial transit permit along with the cremated remains to 13 whoever receives the cremated remains from the authorizing 14 agent unless the cremated remains are to be interred, entombed, 15 inurned, or placed in a scattering area, in which case the 16 crematory authority shall retain a copy of the burial transit 17 permit and shall send the permit, along with the cremated 18 remains, to the cemetery, which shall file the permit with the 19 designated agency after the interment, entombment, inurnment, 20 or scattering has taken place. 21 (f) All cemeteries shall maintain a record of all cremated 22 remains that are disposed of on their property, provided that 23 the cremated remains were properly transferred to the cemetery 24 and the cemetery issued a receipt acknowledging the transfer of 25 the cremated remains. 26 (Source: P.A. 87-1187.) HB1188 Enrolled - 147 - LRB096 08565 DRJ 18688 b 1 (410 ILCS 18/40) 2 Sec. 40. Disposition of cremated remains. 3 (a) The authorizing agent shall be responsible for the 4 final disposition of the cremated remains. 5 (b) Cremated remains may be disposed of by placing them in 6 a grave, crypt, or niche, by scattering them in a scattering 7 area as defined in this Act, or in any manner whatever on the 8 private property of a consenting owner. 9 (c) Upon the completion of the cremation process, and 10 except as provided for in item (I) (J) of paragraph (1) of 11 subsection (a) of Section 20, if the crematory authority has 12 not been instructed to arrange for the interment, entombment, 13 inurnment, or scattering of the cremated remains, the crematory 14 authority shall deliver the cremated remains to the individual 15 specified on the cremation authorization form, or if no 16 individual is specified then to the authorizing agent. The 17 delivery may be made in person or by registered mail. Upon 18 receipt of the cremated remains, the individual receiving them 19 may transport them in any manner in this State without a 20 permit, and may dispose of them in accordance with this 21 Section. After delivery, the crematory authority shall be 22 discharged from any legal obligation or liability concerning 23 the cremated remains. 24 (d) If, after a period of 60 days from the date of the 25 cremation, the authorizing agent or the agent's designee has HB1188 Enrolled - 148 - LRB096 08565 DRJ 18688 b 1 not instructed the crematory authority to arrange for the final 2 disposition of the cremated remains or claimed the cremated 3 remains, the crematory authority may dispose of the cremated 4 remains in any manner permitted by this Section. The crematory 5 authority, however, shall keep a permanent record identifying 6 the site of final disposition. The authorizing agent shall be 7 responsible for reimbursing the crematory authority for all 8 reasonable expenses incurred in disposing of the cremated 9 remains. Upon disposing of the cremated remains, the crematory 10 authority shall be discharged from any legal obligation or 11 liability concerning the cremated remains. Any person who was 12 in possession of cremated remains prior to the effective date 13 of this Act may dispose of them in accordance with this 14 Section. 15 (e) Except with the express written permission of the 16 authorizing agent, no person shall: 17 (1) Dispose of cremated remains in a manner or in a 18 location so that the cremated remains are commingled with 19 those of another person. This prohibition shall not apply 20 to the scattering of cremated remains at sea, by air, or in 21 an area located in a dedicated cemetery and used 22 exclusively for those purposes. 23 (2) Place cremated remains of more than one person in 24 the same temporary container or urn. 25 (Source: P.A. 87-1187.) HB1188 Enrolled - 149 - LRB096 08565 DRJ 18688 b 1 (410 ILCS 18/55) 2 Sec. 55. Penalties. Violations of this Act shall be 3 punishable as follows: 4 (1) Performing a cremation without receipt of a 5 cremation authorization form signed by an authorizing 6 agent shall be a Class 4 felony. 7 (2) Signing a cremation authorization form with the 8 actual knowledge that the form contains false or incorrect 9 information shall be a Class 4 felony. 10 (3) A Violation of any cremation procedure set forth in 11 Section 35 shall be a Class 4 felony. 12 (4) Holding oneself out to the public as a crematory 13 authority, or the operation of a building or structure 14 within this State as a crematory, without being licensed 15 under this Act, shall be a Class A misdemeanor. 16 (4.5) Performance of a cremation service by a person 17 who has not completed a training program as defined in 18 Section 22 of this Act shall be a Class A misdemeanor. 19 (4.10) Any person who intentionally violates a 20 provision of this Act or a final order of the Department 21 Comptroller is liable for a civil penalty not to exceed 22 $10,000 $5,000 per violation. 23 (4.15) Any person who knowingly acts without proper 24 legal authority and who willfully and knowingly destroys or 25 damages the remains of a deceased human being or who 26 desecrates human remains is guilty of a Class 3 felony. HB1188 Enrolled - 150 - LRB096 08565 DRJ 18688 b 1 (5) A violation of any other provision of this Act 2 shall be a Class B misdemeanor. 3 (Source: P.A. 92-675, eff. 7-1-03.) 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 requirements of this Act, the 9 Department shall impose a penalty as provided for by rule for 10 each and every day the licensee remains delinquent in 11 submitting the annual report. Such report shall be made under 12 oath and shall be in a form determined by the Department. 13 Comptroller may commence an administrative proceeding as 14 authorized by this Act or may communicate the facts to the 15 Attorney General of the State of Illinois who shall thereupon 16 institute such proceedings against the crematory authority or 17 its officers as the nature of the case may require. 18 (Source: P.A. 92-675, eff. 7-1-03.) 19 (410 ILCS 18/62) 20 Sec. 62. Injunctive action; cease and desist order 21 Investigation of unlawful practices. 22 (a) If any person violates the provisions of this Act, the 23 Secretary, in the name of the People of the State of Illinois, 24 through the Attorney General or the State's Attorney of the HB1188 Enrolled - 151 - LRB096 08565 DRJ 18688 b 1 county in which the violation is alleged to have occurred, may 2 petition for an order enjoining the violation or for an order 3 enforcing compliance with this Act. Upon the filing of a 4 verified petition, the court with appropriate jurisdiction may 5 issue a temporary restraining order, without notice or bond, 6 and may preliminarily and permanently enjoin the violation. If 7 it is established that the person has violated or is violating 8 the injunction, the court may punish the offender for contempt 9 of court. Proceedings under this Section are in addition to, 10 and not in lieu of, all other remedies and penalties provided 11 by this Act. 12 (b) Whenever, in the opinion of the Department, a person 13 violates any provision of this Act, the Department may issue a 14 rule to show cause why an order to cease and desist should not 15 be entered against that person. The rule shall clearly set 16 forth the grounds relied upon by the Department and shall allow 17 at least 7 days from the date of the rule to file an answer 18 satisfactory to the Department. Failure to answer to the 19 satisfaction of the Department shall cause an order to cease 20 and desist to be issued. 21 If the Comptroller has good cause to believe that a person has 22 engaged in, is engaging in, or is about to engage in any 23 practice in violation of this Act, the Comptroller may do any 24 one or more of the following: 25 (1) Require that person to file, on terms the 26 Comptroller prescribes, a statement or report in writing, HB1188 Enrolled - 152 - LRB096 08565 DRJ 18688 b 1 under oath or otherwise, containing all information that 2 the Comptroller considers necessary to ascertain whether a 3 licensee is in compliance with this Act, or whether an 4 unlicensed person is engaging in activities for which a 5 license is required under this Act. 6 (2) Examine under oath any person in connection with 7 the books and records required to be maintained under this 8 Act. 9 (3) Examine any books and records of a licensee that 10 the Comptroller considers necessary to ascertain 11 compliance with this Act. 12 (4) Require the production of a copy of any record, 13 book, document, account, or paper that is produced in 14 accordance with this Act and retain it in the Comptroller's 15 possession until the completion of all proceedings in 16 connection with which it is produced. 17 (Source: P.A. 92-675, eff. 7-1-03.) 18 (410 ILCS 18/62.5) 19 Sec. 62.5. Service of notice. Service by the Department 20 Comptroller of any notice requiring a person to file a 21 statement or report under this Act shall be made: (1) 22 personally by delivery of a duly executed copy of the notice to 23 the person to be served or, if that person is not a natural 24 person, in the manner provided in the Civil Practice Law when a 25 complaint is filed; or (2) by mailing by certified mail a duly HB1188 Enrolled - 153 - LRB096 08565 DRJ 18688 b 1 executed copy of the notice to the person at his or her address 2 of record to be served at his or her last known abode or 3 principal place of business within this State. 4 (Source: P.A. 92-675, eff. 7-1-03.) 5 (410 ILCS 18/62.10) 6 Sec. 62.10. Investigations; notice and hearing 7 Investigation of actions; hearing. The Department may at any 8 time investigate the actions of any applicant or of any person, 9 persons, or entity rendering or offering to render cremation 10 services or any person or entity holding or claiming to hold a 11 license as a licensed crematory. The Department shall, before 12 revoking, suspending, placing on probation, reprimanding, or 13 taking any other disciplinary action under Section 11 of this 14 Act, at least 30 days before the date set for the hearing, (i) 15 notify the accused in writing of the charges made and the time 16 and place for the hearing on the charges, (ii) direct the 17 accused applicant or licensee to file a written answer to the 18 charges with the Department under oath within 20 days after the 19 service on him or her of the notice, and (iii) inform the 20 accused that, if he or she fails to answer, default will be 21 taken against him or her or that his or her license may be 22 suspended, revoked, placed on probationary status, or other 23 disciplinary action taken with regard to the license, including 24 limiting the scope, nature, or extent of his or her practice, 25 as the Department may consider proper. HB1188 Enrolled - 154 - LRB096 08565 DRJ 18688 b 1 At the time and place fixed in the notice, the Department 2 shall proceed to hear the charges and the parties or their 3 counsel shall be accorded ample opportunity to present any 4 pertinent statements, testimony, evidence, and arguments. The 5 Secretary shall have the authority to appoint an attorney duly 6 licensed to practice law in the State of Illinois to serve as 7 the hearing officer in any disciplinary action with regard to a 8 license. The hearing officer shall have full authority to 9 conduct the hearing. The Department may continue the hearing 10 from time to time. In case the person, after receiving the 11 notice, fails to file an answer, his or her license may, in the 12 discretion of the Department, be suspended, revoked, placed on 13 probationary status, or the Department may take whatever 14 disciplinary action considered proper, including limiting the 15 scope, nature, or extent of the person's practice or the 16 imposition of a fine, without a hearing, if the act or acts 17 charged constitute sufficient grounds for that action under 18 this Act. The written notice may be served by personal delivery 19 or by certified mail to the address specified by the accused in 20 his or her last notification with the Department. 21 (a) The Comptroller shall make an investigation upon 22 discovering facts that, if proved, would constitute grounds for 23 refusal, suspension, or revocation of a license under this Act. 24 (b) Before refusing to issue, and before suspending or 25 revoking, a license under this Act, the Comptroller shall hold 26 a hearing to determine whether the applicant for a license or HB1188 Enrolled - 155 - LRB096 08565 DRJ 18688 b 1 the licensee ("the respondent") is entitled to hold such a 2 license. At least 10 days before the date set for the hearing, 3 the Comptroller shall notify the respondent in writing that (i) 4 on the designated date a hearing will be held to determine the 5 respondent's eligibility for a license and (ii) the respondent 6 may appear in person or by counsel. The written notice may be 7 served on the respondent personally, or by registered or 8 certified mail sent to the respondent's business address as 9 shown in the respondent's latest notification to the 10 Comptroller. The notice must include sufficient information to 11 inform the respondent of the general nature of the reason for 12 the Comptroller's action. 13 (c) At the hearing, both the respondent and the complainant 14 shall be accorded ample opportunity to present in person or by 15 counsel such statements, testimony, evidence, and argument as 16 may be pertinent to the charge or to any defense to the charge. 17 The Comptroller may reasonably continue the hearing from time 18 to time. The Comptroller may subpoena any person or persons in 19 this State and take testimony orally, by deposition, or by 20 exhibit, in the same manner and with the same fees and mileage 21 as prescribed in judicial proceedings in civil cases. Any 22 authorized agent of the Comptroller may administer oaths to 23 witnesses at any hearing that the Comptroller is authorized to 24 conduct. 25 (d) The Comptroller, at the Comptroller's expense, shall 26 provide a certified shorthand reporter to take down the HB1188 Enrolled - 156 - LRB096 08565 DRJ 18688 b 1 testimony and preserve a record of every proceeding at the 2 hearing of any case involving the refusal to issue a license 3 under this Act, the suspension or revocation of such a license, 4 the imposition of a monetary penalty, or the referral of a case 5 for criminal prosecution. The record of any such proceeding 6 shall consist of the notice of hearing, the complaint, all 7 other documents in the nature of pleadings and written motions 8 filed in the proceeding, the transcript of testimony, and the 9 report and orders of the Comptroller. Copies of the transcript 10 of the record may be purchased from the certified shorthand 11 reporter who prepared the record or from the Comptroller. 12 (Source: P.A. 92-675, eff. 7-1-03.) 13 (410 ILCS 18/62.15) 14 Sec. 62.15. Compelling testimony Court order. Any circuit 15 court, upon application of the Department or designated hearing 16 officer may enter an order requiring the attendance of 17 witnesses and their testimony, and the production of documents, 18 papers, files, books, and records in connection with any 19 hearing or investigation. The court may compel obedience to its 20 order by proceedings for contempt. Upon the application of the 21 Comptroller or of the applicant or licensee against whom 22 proceedings under Section 62.10 are pending, any circuit court 23 may enter an order requiring witnesses to attend and testify 24 and requiring the production of documents, papers, files, 25 books, and records in connection with any hearing in any HB1188 Enrolled - 157 - LRB096 08565 DRJ 18688 b 1 proceeding under that Section. Failure to obey such a court 2 order may result in contempt proceedings. 3 (Source: P.A. 92-675, eff. 7-1-03.) 4 (410 ILCS 18/62.20) 5 Sec. 62.20. Administrative review; venue; certification of 6 record; costs Judicial review. 7 (a) All final administrative decisions of the Department 8 are subject to judicial review under the Administrative Review 9 Law and its rules. The term "administrative decision" is 10 defined as in Section 3-101 of the Code of Civil Procedure. 11 (b) Proceedings for judicial review shall be commenced in 12 the circuit court of the county in which the party applying for 13 review resides, but if the party is not a resident of Illinois, 14 the venue shall be in Sangamon County. 15 (c) The Department shall not be required to certify any 16 record of the court, file an answer in court, or to otherwise 17 appear in any court in a judicial review proceeding unless and 18 until the Department has received from the plaintiff payment of 19 the costs of furnishing and certifying the record, which costs 20 shall be determined by the Department. Failure on the part of 21 the plaintiff to make such payment to the Department is grounds 22 for dismissal of the action. Any person affected by a final 23 administrative decision of the Comptroller under this Act may 24 have the decision reviewed judicially by the circuit court of 25 the county where the person resides or, in the case of a HB1188 Enrolled - 158 - LRB096 08565 DRJ 18688 b 1 corporation, where the corporation's registered office is 2 located. If the plaintiff in the judicial review proceeding is 3 not a resident of this State, venue shall be in Sangamon 4 County. The provisions of the Administrative Review Law and any 5 rules adopted under it govern all proceedings for the judicial 6 review of final administrative decisions of the Comptroller 7 under this Act. The term "administrative decision" is defined 8 as in the Administrative Review Law. 9 (b) The Comptroller is not required to certify the record 10 of the proceeding unless the plaintiff in the review proceeding 11 has purchased a copy of the transcript from the certified 12 shorthand reporter who prepared the record or from the 13 Comptroller. Exhibits shall be certified without cost. 14 (Source: P.A. 92-675, eff. 7-1-03.) 15 (410 ILCS 18/65) 16 Sec. 65. Pre-need cremation arrangements. 17 (a) Any person, or anyone who has legal authority to act on 18 behalf of a person, on a pre-need basis, may authorize his or 19 her own cremation and the final disposition of his or her 20 cremated remains by executing, as the authorizing agent, a 21 cremation authorization form on a pre-need basis. A copy of 22 this form shall be provided to the person. Any person shall 23 have the right to transfer or cancel this authorization at any 24 time prior to death by destroying the executed cremation 25 authorization form and providing written notice to the HB1188 Enrolled - 159 - LRB096 08565 DRJ 18688 b 1 crematory authority. 2 (b) Any cremation authorization form that is being executed 3 by an individual as his or her own authorizing agent on a 4 pre-need basis shall contain the following disclosure, which 5 shall be completed by the authorizing agent: 6 "( ) I do not wish to allow any of my survivors the option 7 of cancelling my cremation and selecting alternative 8 arrangements, regardless of whether my survivors deem 9 a change to be appropriate. 10 ( ) I wish to allow only the survivors whom I have 11 designated below the option of cancelling my cremation 12 and selecting alternative arrangements, if they deem a 13 change to be appropriate:............" 14 (c) Except as provided in subsection (b) of this Section, 15 at the time of the death of a person who has executed, as the 16 authorizing agent, a cremation authorization form on a pre-need 17 basis, any person in possession of an executed form and any 18 person charged with making arrangements for the final 19 disposition of the decedent who has knowledge of the existence 20 of an executed form, shall use their best efforts to ensure 21 that the decedent is cremated and that the final disposition of 22 the cremated remains is in accordance with the instructions 23 contained on the cremation authorization form. If a crematory 24 authority (i) is in possession of a completed cremation 25 authorization form that was executed on a pre-need basis, (ii) 26 is in possession of the designated human remains, and (iii) has HB1188 Enrolled - 160 - LRB096 08565 DRJ 18688 b 1 received payment for the cremation of the human remains and the 2 final disposition of the cremated remains or is otherwise 3 assured of payment, then the crematory authority shall be 4 required to cremate the human remains and dispose of the 5 cremated remains according to the instructions contained on the 6 cremation authorization form, and may do so without any 7 liability. 8 (d) (e) Any pre-need contract sold by, or pre-need 9 arrangements made with, a cemetery, funeral establishment, 10 crematory authority, or any other party that includes a 11 cremation shall specify the final disposition of the cremated 12 remains, in accordance with Section 40. In the event that no 13 different or inconsistent instructions are provided to the 14 crematory authority by the authorizing agent at the time of 15 death, the crematory authority shall be authorized to release 16 or dispose of the cremated remains as indicated in the pre-need 17 agreement. Upon compliance with the terms of the pre-need 18 agreement, the crematory authority shall be discharged from any 19 legal obligation concerning the cremated remains. The pre-need 20 agreement shall be kept as a permanent record by the crematory 21 authority. 22 (e) (f) This Section shall not apply to any cremation 23 authorization form or pre-need contract executed prior to the 24 effective date of this Act. Any cemetery, funeral 25 establishment, crematory authority, or other party, however, 26 with the written approval of the authorizing agent or person HB1188 Enrolled - 161 - LRB096 08565 DRJ 18688 b 1 who executed the pre-need contract, may designate that the 2 cremation authorization form or pre-need contract shall be 3 subject to this Act. 4 (Source: P.A. 87-1187.) 5 (410 ILCS 18/80) 6 Sec. 80. Record of proceedings; transcript Home Rule. The 7 Department, at its expense, shall preserve a record of all 8 proceedings at the formal hearing of any case. Any notice of 9 hearing, complaint, all other documents in the nature of 10 pleadings, written motions filed in the proceedings, the 11 transcripts of testimony, the report of the hearing officer, 12 and orders of the Department shall be in the record of the 13 proceeding. The Department shall furnish a transcript of such 14 record to any person interested in such hearing upon payment of 15 the fee required under Section 2105-115 of the Department of 16 Professional Regulation Law. The regulation of crematories and 17 crematory authorities as set forth in this Act is an exclusive 18 power and function of the State. A home rule unit may not 19 regulate crematories or crematory authorities. This Section is 20 a denial and limitation of home rule powers and functions under 21 subsection (h) of Section 6 of Article VII of the Illinois 22 Constitution. 23 (Source: P.A. 91-357, eff. 7-29-99.) 24 (410 ILCS 18/85 new) HB1188 Enrolled - 162 - LRB096 08565 DRJ 18688 b 1 Sec. 85. Subpoenas; depositions; oaths. The Department has 2 the power to subpoena documents, books, records or other 3 materials and to bring before it any person and to take 4 testimony either orally or by deposition, or both, with the 5 same fees and mileage and in the same manner as prescribed in 6 civil cases in the courts of this State. The Secretary, the 7 designated hearing officer, or any qualified person the 8 Department may designate has the power to administer oaths to 9 witnesses at any hearing that the Department is authorized to 10 conduct, and any other oaths authorized in any Act administered 11 by the Department. 12 Every person having taken an oath or affirmation in any 13 proceeding or matter wherein an oath is required by this Act, 14 who shall swear willfully, corruptly and falsely in a matter 15 material to the issue or point in question, or shall suborn any 16 other person to swear as aforesaid, shall be guilty of perjury 17 or subornation of perjury, as the case may be and shall be 18 punished as provided by State law relative to perjury and 19 subornation of perjury. 20 (410 ILCS 18/87 new) 21 Sec. 87. Findings and recommendations. At the conclusion of 22 the hearing, the hearing officer shall present to the Secretary 23 a written report of its findings of fact, conclusions of law, 24 and recommendations. The report shall contain a finding whether 25 or not the accused person violated this Act or its rules or HB1188 Enrolled - 163 - LRB096 08565 DRJ 18688 b 1 failed to comply with the conditions required in this Act or 2 its rules. The hearing officer shall specify the nature of any 3 violations or failure to comply and shall make recommendations 4 to the Secretary. In making recommendations for any 5 disciplinary actions, the hearing officer may take into 6 consideration all facts and circumstances bearing upon the 7 reasonableness of the conduct of the accused and the potential 8 for future harm to the public, including but not limited to, 9 previous discipline of the accused by the Department, intent, 10 degree of harm to the public and likelihood of harm in the 11 future, any restitution made by the accused, and whether the 12 incident or incidents contained in the complaint appear to be 13 isolated or represent a continuing pattern of conduct. In 14 making its recommendations for discipline, the hearing officer 15 shall endeavor to ensure that the severity of the discipline 16 recommended is reasonably related to the severity of the 17 violation. The report of findings of fact, conclusions of law, 18 and recommendation of the hearing officer shall be the basis 19 for the Department's order refusing to issue, restore, place on 20 probation, fine, suspend, revoke a license, or otherwise 21 disciplining a licensee. If the Secretary disagrees with the 22 recommendations of the hearing officer, the Secretary may issue 23 an order in contravention of the hearing officer's 24 recommendations. The finding is not admissible in evidence 25 against the person in a criminal prosecution brought for a 26 violation of this Act, but the hearing and finding are not a HB1188 Enrolled - 164 - LRB096 08565 DRJ 18688 b 1 bar to a criminal prosecution brought for a violation of this 2 Act. 3 (410 ILCS 18/88 new) 4 Sec. 88. Rehearing. At the conclusion of the hearing, a 5 copy of the hearing officer's report shall be served upon the 6 applicant or licensee by the Department, either personally or 7 as provided in this Act. Within 20 days after service, the 8 applicant or licensee may present to the Department a motion in 9 writing for a rehearing, which shall specify the particular 10 grounds for rehearing. The Department may respond to the motion 11 for rehearing within 20 days after its service on the 12 Department. If no motion for rehearing is filed, then upon the 13 expiration of the time specified for filing such a motion, or 14 if a motion for rehearing is denied, then upon denial, the 15 Secretary may enter an order in accordance with recommendations 16 of the hearing officer except as provided in Section 89 of this 17 Act. 18 If the applicant or licensee orders from the reporting 19 service and pays for a transcript of the record within the time 20 for filing a motion for rehearing, the 20-day period within 21 which a motion may be filed shall commence upon the delivery of 22 the transcript to the applicant or licensee. 23 (410 ILCS 18/89 new) 24 Sec. 89. Secretary; rehearing. Whenever the Secretary HB1188 Enrolled - 165 - LRB096 08565 DRJ 18688 b 1 believes that substantial justice has not been done in the 2 revocation, suspension, or refusal to issue or restore a 3 license or other discipline of an applicant or licensee, he or 4 she may order a rehearing by the same or other hearing 5 officers. 6 (410 ILCS 18/90 new) 7 Sec. 90. Order or certified copy; prima facie proof. An 8 order or certified copy thereof, over the seal of the 9 Department and purporting to be signed by the Secretary, is 10 prima facie proof that: 11 (a) the signature is the genuine signature of the 12 Secretary; 13 (b) the Secretary is duly appointed and qualified; and 14 (c) the hearing officer is qualified to act. 15 (410 ILCS 18/91 new) 16 Sec. 91. Civil action and civil penalties. In addition to 17 the other penalties and remedies provided in this Act, the 18 Department may bring a civil action in the county of residence 19 of the licensee or any other person to enjoin any violation or 20 threatened violation of this Act. In addition to any other 21 penalty provided by law, any person who violates this Act shall 22 forfeit and pay a civil penalty to the Department in an amount 23 not to exceed $10,000 for each violation as determined by the 24 Department. The civil penalty shall be assessed by the HB1188 Enrolled - 166 - LRB096 08565 DRJ 18688 b 1 Department in accordance with the provisions of this Act. 2 Any civil penalty shall be paid within 60 days after the 3 effective date of the order imposing the civil penalty. The 4 order shall constitute a judgment and may be filed and 5 execution had thereon in the same manner as any judgment from 6 any court of record. All moneys collected under this Section 7 shall be deposited into the Cemetery Oversight Licensing and 8 Disciplinary Fund. 9 (410 ILCS 18/92 new) 10 Sec. 92. Consent order. At any point in any investigation 11 or disciplinary proceedings as provided in this Act, both 12 parties may agree to a negotiated consent order. The consent 13 order shall be final upon signature of the Secretary. 14 (410 ILCS 18/93 new) 15 Sec. 93. Illinois Administrative Procedure Act; 16 application. The Illinois Administrative Procedure Act is 17 expressly adopted and incorporated in this Act as if all of the 18 provisions of that Act were included in this Act, except that 19 the provision of paragraph (d) of Section 10-65 of the Illinois 20 Administrative Procedure Act, which provides that at hearings 21 the licensee has the right to show compliance with all lawful 22 requirements for retention or continuation of the license, is 23 specifically excluded. For the purpose of this Act, the notice 24 required under Section 10-25 of the Illinois Administrative HB1188 Enrolled - 167 - LRB096 08565 DRJ 18688 b 1 Procedure Act is considered sufficient when mailed to the 2 address of record. 3 (410 ILCS 18/94 new) 4 Sec. 94. Summary suspension of a license. The Secretary may 5 summarily suspend a license of a licensed crematory without a 6 hearing, simultaneously with the institution of proceedings 7 for a hearing provided for in this Act, if the Secretary finds 8 that evidence in the Secretary's possession indicates that the 9 licensee's continued practice would constitute an imminent 10 danger to the public. In the event that the Secretary summarily 11 suspends the license of a licensed crematory without a hearing, 12 a hearing must be commenced within 30 days after the suspension 13 has occurred and concluded as expeditiously as practical. In 14 the event of a summary suspension, the county coroner or 15 medical examiner responsible for the area where the crematory 16 is located shall make arrangements to dispose of any bodies in 17 the suspended licensee's possession after consulting with the 18 authorizing agents for those bodies. 19 (410 ILCS 18/95 new) 20 Sec. 95. Home Rule. The regulation of crematories and 21 crematory authorities as set forth in this Act is an exclusive 22 power and function of the State. A home rule unit may not 23 regulate crematories or crematory authorities. This Section is 24 a denial and limitation of home rule powers and functions under HB1188 Enrolled - 168 - LRB096 08565 DRJ 18688 b 1 subsection (h) of Section 6 of Article VII of the Illinois 2 Constitution. 3 Section 90-30. The Vital Records Act is amended by changing 4 Sections 11 and 18.5 as follows: 5 (410 ILCS 535/11) (from Ch. 111 1/2, par. 73-11) 6 Sec. 11. Information required on forms. 7 (a) The form of certificates, reports, and other returns 8 required by this Act or by regulations adopted under this Act 9 shall include as a minimum the items recommended by the federal 10 agency responsible for national vital statistics, subject to 11 approval of and modification by the Department. All forms shall 12 be prescribed and furnished by the State Registrar of Vital 13 Records. 14 (b) On and after the effective date of this amendatory Act 15 of 1983, all forms used to collect information under this Act 16 which request information concerning the race or ethnicity of 17 an individual by providing spaces for the designation of that 18 individual as "white" or "black", or the semantic equivalent 19 thereof, shall provide an additional space for a designation as 20 "Hispanic". 21 (c) Effective November 1, 1990, the social security numbers 22 of the mother and father shall be collected at the time of the 23 birth of the child. These numbers shall not be recorded on the 24 certificate of live birth. The numbers may be used only for HB1188 Enrolled - 169 - LRB096 08565 DRJ 18688 b 1 those purposes allowed by Federal law. 2 (d) The social security number of a person who has died 3 shall be entered on the death certificate; however, failure to 4 enter the social security number of the person who has died on 5 the death certificate does not invalidate the death 6 certificate. 7 (e) If the place of disposition of a dead human body or 8 cremated remains is in a cemetery, the burial permit shall 9 include the place of disposition. The place of disposition 10 shall include the lot, block, section, and plot or niche where 11 the dead human body or cremated remains are located. This 12 subsection does not apply to cremated remains scattered in a 13 cemetery. 14 (Source: P.A. 90-18, eff. 7-1-97.) 15 (410 ILCS 535/18.5) 16 Sec. 18.5. Electronic reporting system for death 17 registrations. The State Registrar shall may facilitate death 18 registration by implementing an electronic reporting system. 19 The system may be used to transfer information to individuals 20 and institutions responsible for completing and filing 21 certificates and related reports for deaths that occur in the 22 State. The system shall be capable of storing and retrieving 23 accurate and timely data and statistics for those persons and 24 agencies responsible for vital records registration and 25 administration. Upon establishment of such an electronic HB1188 Enrolled - 170 - LRB096 08565 DRJ 18688 b 1 reporting system, but not later than January 1, 2011, the 2 county clerk in the county in which a death occurred or the 3 county clerk of the county where a decedent last resided, as 4 indicated on the decedent's death certificate, shall be 5 authorized to issue certifications of death records from such 6 system, and the State Registrar shall cause the electronic 7 reporting system to provide for such capability. The Department 8 of Financial and Professional Regulation shall have access to 9 the system to enhance its enforcement of the Cemetery Oversight 10 Act. 11 (Source: P.A. 96-327, eff. 8-11-09.) 12 Section 90-33. The Eminent Domain Act is amended by 13 changing Section 15-5-40 as follows: 14 (735 ILCS 30/15-5-40) 15 Sec. 15-5-40. Eminent domain powers in ILCS Chapters 705 16 through 820. The following provisions of law may include 17 express grants of the power to acquire property by condemnation 18 or eminent domain: 19 (765 ILCS 230/2); Coast and Geodetic Survey Act; United States 20 of America; for carrying out coast and geodetic surveys. 21 (765 ILCS 505/1); Mining Act of 1874; mine owners and 22 operators; for roads, railroads, and ditches. 23 (805 ILCS 25/2); Corporation Canal Construction Act; general HB1188 Enrolled - 171 - LRB096 08565 DRJ 18688 b 1 corporations; for levees, canals, or tunnels for 2 agricultural, mining, or sanitary purposes. 3 (805 ILCS 30/7); Gas Company Property Act; consolidating gas 4 companies; for acquisition of stock of dissenting 5 stockholder. 6 (805 ILCS 120/9); Merger of Not For Profit Corporations Act; 7 merging or consolidating corporations; for acquisition of 8 interest of objecting member or owner. 9 (805 ILCS 320/16 through 320/20); Cemetery Association Act; 10 cemetery associations; for cemetery purposes. 11 (Source: P.A. 94-1055, eff. 1-1-07.) 12 Section 90-35. The Crime Victims Compensation Act is 13 amended by changing Section 2 as follows: 14 (740 ILCS 45/2) (from Ch. 70, par. 72) 15 Sec. 2. Definitions. As used in this Act, unless the 16 context otherwise requires: 17 (a) "Applicant" means any person who applies for 18 compensation under this Act or any person the Court of Claims 19 finds is entitled to compensation, including the guardian of a 20 minor or of a person under legal disability. It includes any 21 person who was a dependent of a deceased victim of a crime of 22 violence for his or her support at the time of the death of 23 that victim. 24 (b) "Court of Claims" means the Court of Claims created by HB1188 Enrolled - 172 - LRB096 08565 DRJ 18688 b 1 the Court of Claims Act. 2 (c) "Crime of violence" means and includes any offense 3 defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 11-19.2, 4 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-3.3, 12-4, 12-4.1, 5 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14, 6 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1 of the 7 Criminal Code of 1961, Sections 1(a) and 1(a-5) of the Cemetery 8 Protection Act, driving under the influence of intoxicating 9 liquor or narcotic drugs as defined in Section 11-501 of the 10 Illinois Vehicle Code, and a violation of Section 11-401 of the 11 Illinois Vehicle Code, provided the victim was a pedestrian or 12 was operating a vehicle moved solely by human power or a 13 mobility device at the time of contact; so long as the offense 14 did not occur during a civil riot, insurrection or rebellion. 15 "Crime of violence" does not include any other offense or 16 accident involving a motor vehicle except those vehicle 17 offenses specifically provided for in this paragraph. "Crime of 18 violence" does include all of the offenses specifically 19 provided for in this paragraph that occur within this State but 20 are subject to federal jurisdiction and crimes involving 21 terrorism as defined in 18 U.S.C. 2331. 22 (d) "Victim" means (1) a person killed or injured in this 23 State as a result of a crime of violence perpetrated or 24 attempted against him or her, (2) the parent of a person killed 25 or injured in this State as a result of a crime of violence 26 perpetrated or attempted against the person, (3) a person HB1188 Enrolled - 173 - LRB096 08565 DRJ 18688 b 1 killed or injured in this State while attempting to assist a 2 person against whom a crime of violence is being perpetrated or 3 attempted, if that attempt of assistance would be expected of a 4 reasonable person man under the circumstances, (4) a person 5 killed or injured in this State while assisting a law 6 enforcement official apprehend a person who has perpetrated a 7 crime of violence or prevent the perpetration of any such crime 8 if that assistance was in response to the express request of 9 the law enforcement official, (5) a person who personally 10 witnessed a violent crime, (5.1) solely for the purpose of 11 compensating for pecuniary loss incurred for psychological 12 treatment of a mental or emotional condition caused or 13 aggravated by the crime, any other person under the age of 18 14 who is the brother, sister, half brother, half sister, child, 15 or stepchild of a person killed or injured in this State as a 16 result of a crime of violence, or (6) an Illinois resident who 17 is a victim of a "crime of violence" as defined in this Act 18 except, if the crime occurred outside this State, the resident 19 has the same rights under this Act as if the crime had occurred 20 in this State upon a showing that the state, territory, 21 country, or political subdivision of a country in which the 22 crime occurred does not have a compensation of victims of 23 crimes law for which that Illinois resident is eligible, (7) a 24 deceased person whose body is dismembered or whose remains are 25 desecrated as the result of a crime of violence, or (8) solely 26 for the purpose of compensating for pecuniary loss incurred for HB1188 Enrolled - 174 - LRB096 08565 DRJ 18688 b 1 psychological treatment of a mental or emotional condition 2 caused or aggravated by the crime, any parent, spouse, or child 3 under the age of 18 of a deceased person whose body is 4 dismembered or whose remains are desecrated as the result of a 5 crime of violence. 6 (e) "Dependent" means a relative of a deceased victim who 7 was wholly or partially dependent upon the victim's income at 8 the time of his or her death and shall include the child of a 9 victim born after his or her death. 10 (f) "Relative" means a spouse, parent, grandparent, 11 stepfather, stepmother, child, grandchild, brother, 12 brother-in-law, sister, sister-in-law, half brother, half 13 sister, spouse's parent, nephew, niece, uncle or aunt. 14 (g) "Child" means an unmarried son or daughter who is under 15 18 years of age and includes a stepchild, an adopted child or a 16 child born out of wedlock. 17 (h) "Pecuniary loss" means, in the case of injury, 18 appropriate medical expenses and hospital expenses including 19 expenses of medical examinations, rehabilitation, medically 20 required nursing care expenses, appropriate psychiatric care 21 or psychiatric counseling expenses, expenses for care or 22 counseling by a licensed clinical psychologist, licensed 23 clinical social worker, or licensed clinical professional 24 counselor and expenses for treatment by Christian Science 25 practitioners and nursing care appropriate thereto; 26 transportation expenses to and from medical and treatment HB1188 Enrolled - 175 - LRB096 08565 DRJ 18688 b 1 facilities; prosthetic appliances, eyeglasses, and hearing 2 aids necessary or damaged as a result of the crime; replacement 3 costs for clothing and bedding used as evidence; costs 4 associated with temporary lodging or relocation necessary as a 5 result of the crime, including, but not limited to, the first 6 month's rent and security deposit of the dwelling that the 7 claimant relocated to and other reasonable relocation expenses 8 incurred as a result of the violent crime; locks or windows 9 necessary or damaged as a result of the crime; the purchase, 10 lease, or rental of equipment necessary to create usability of 11 and accessibility to the victim's real and personal property, 12 or the real and personal property which is used by the victim, 13 necessary as a result of the crime; the costs of appropriate 14 crime scene clean-up; replacement services loss, to a maximum 15 of $1000 per month; dependents replacement services loss, to a 16 maximum of $1000 per month; loss of tuition paid to attend 17 grammar school or high school when the victim had been enrolled 18 as a student prior to the injury, or college or graduate school 19 when the victim had been enrolled as a day or night student 20 prior to the injury when the victim becomes unable to continue 21 attendance at school as a result of the crime of violence 22 perpetrated against him or her; loss of earnings, loss of 23 future earnings because of disability resulting from the 24 injury, and, in addition, in the case of death, expenses for 25 funeral, burial, and travel and transport for survivors of 26 homicide victims to secure bodies of deceased victims and to HB1188 Enrolled - 176 - LRB096 08565 DRJ 18688 b 1 transport bodies for burial all of which may not exceed a 2 maximum of $5,000 and loss of support of the dependents of the 3 victim; in the case of dismemberment or desecration of a body, 4 expenses for funeral and burial, all of which may not exceed a 5 maximum of $5,000. Loss of future earnings shall be reduced by 6 any income from substitute work actually performed by the 7 victim or by income he or she would have earned in available 8 appropriate substitute work he or she was capable of performing 9 but unreasonably failed to undertake. Loss of earnings, loss of 10 future earnings and loss of support shall be determined on the 11 basis of the victim's average net monthly earnings for the 6 12 months immediately preceding the date of the injury or on $1000 13 per month, whichever is less. If a divorced or legally 14 separated applicant is claiming loss of support for a minor 15 child of the deceased, the amount of support for each child 16 shall be based either on the amount of support pursuant to the 17 judgment prior to the date of the deceased victim's injury or 18 death, or, if the subject of pending litigation filed by or on 19 behalf of the divorced or legally separated applicant prior to 20 the injury or death, on the result of that litigation. Real and 21 personal property includes, but is not limited to, vehicles, 22 houses, apartments, town houses, or condominiums. Pecuniary 23 loss does not include pain and suffering or property loss or 24 damage. 25 (i) "Replacement services loss" means expenses reasonably 26 incurred in obtaining ordinary and necessary services in lieu HB1188 Enrolled - 177 - LRB096 08565 DRJ 18688 b 1 of those the injured person would have performed, not for 2 income, but for the benefit of himself or herself or his or her 3 family, if he or she had not been injured. 4 (j) "Dependents replacement services loss" means loss 5 reasonably incurred by dependents or private legal guardians of 6 minor dependents after a victim's death in obtaining ordinary 7 and necessary services in lieu of those the victim would have 8 performed, not for income, but for their benefit, if he or she 9 had not been fatally injured. 10 (k) "Survivor" means immediate family including a parent, 11 step-father, step-mother, child, brother, sister, or spouse. 12 (Source: P.A. 96-267, eff. 8-11-09.) 13 Section 90-40. The Burial Lot Perpetual Trust Act is 14 amended by changing Section 2 as follows: 15 (760 ILCS 90/2) (from Ch. 21, par. 32) 16 Sec. 2. Every company or association incorporated for 17 cemetery purposes under any general or special law of the State 18 of Illinois may receive, by gift, legacy, or otherwise, moneys 19 or real or personal property, or the income or avails of such 20 moneys or property, in trust, in perpetuity, for the 21 improvement, maintenance, ornamentation, repair, care and 22 preservation of any burial lot or grave, vault, tomb, or other 23 such structures, in any cemetery owned or controlled by such 24 cemetery company or association, upon such terms and in such HB1188 Enrolled - 178 - LRB096 08565 DRJ 18688 b 1 manner as may be provided by the terms of such gift, legacy or 2 other conveyance of such moneys or property in trust and 3 assented to by such company or association, and subject to the 4 rules and regulations of such company or association, and every 5 such company or association owning or controlling any such 6 cemetery may make contracts with the owner or owners or legal 7 representatives of any lot, grave, vault, tomb, or other such 8 structure in such cemetery, for the improvement, maintenance, 9 ornamentation, care, preservation and repair of any such lot, 10 grave, vault, tomb, or other such structure in such cemetery 11 owned or controlled by such cemetery company or association. If 12 the cemetery is a privately owned cemetery, as defined in 13 Section 2 of the Cemetery Care Act, or a licensed cemetery 14 authority under the Cemetery Oversight Act, or if the burial 15 lot or grave, vault, tomb, or other such structures are in a 16 privately owned cemetery, as defined in Section 2 of the 17 Cemetery Care Act, or a licensed cemetery authority under the 18 Cemetery Oversight Act, then such company or association shall 19 also comply with the provisions of the Cemetery Care Act or 20 Cemetery Oversight Act, whichever is applicable. Where the 21 cemetery is a privately operated cemetery, as defined in 22 section 2 of the Cemetery Care Act, approved July 21, 1947, as 23 amended, or where the burial lot or grave, vault, tomb, or 24 other such structures are in a privately operated cemetery, as 25 defined in section 2 of that Act, then such company or 26 association shall also comply with the provisions of the HB1188 Enrolled - 179 - LRB096 08565 DRJ 18688 b 1 Cemetery Care Act. 2 (Source: P.A. 83-388.) 3 Section 90-45. The Cemetery Perpetual Trust Authorization 4 Act is amended by changing Section 2 as follows: 5 (760 ILCS 95/2) (from Ch. 21, par. 64) 6 Sec. 2. Any incorporated cemetery association incorporated 7 not for pecuniary profit, may if it elects to do so, receive 8 and hold money, funds and property in perpetual trust pursuant 9 to the provisions of this act. Such election shall be evidenced 10 by a by-law or resolution adopted by the board of directors, or 11 board of trustees of the incorporated cemetery association. Any 12 person is authorized to give, donate or bequeath any sum of 13 money or any funds, securities, or property of any kind to the 14 cemetery association, in perpetual trust, for the maintenance, 15 care, repair, upkeep or ornamentation of the cemetery, or any 16 lot or lots, or grave or graves in the cemetery, specified in 17 the instrument making the gift, donation or legacy. The 18 cemetery association may receive and hold in perpetual trust, 19 any such money, funds, securities and property so given, 20 donated or bequeathed to it, and may convert the property, 21 funds and securities into money and shall invest and keep 22 invested the proceeds thereof and the money so given, donated 23 and bequeathed, in safe and secure income bearing investments, 24 including investments in income producing real estate, HB1188 Enrolled - 180 - LRB096 08565 DRJ 18688 b 1 provided the purchase price of the real estate shall not exceed 2 the fair market value thereof on the date of its purchase as 3 such value is determined by the board of directors or board of 4 trustees of the association. The principal of the trust fund 5 shall be kept intact and the income arising therefrom shall be 6 perpetually applied for the uses and purposes specified in the 7 instrument making the gift, donation or legacy and for no other 8 purpose. 9 The by-laws of the cemetery association shall provide for a 10 permanent committee to manage and control the trust funds so 11 given, donated and bequeathed to it. The members of the 12 committee shall be appointed by the board of directors, or 13 board of trustees of the cemetery association from among the 14 members of the board of directors or board of trustees. The 15 committee shall choose a chairman, a secretary and a treasurer 16 from among the members, and shall have the management and 17 control of the trust funds of the cemetery association so 18 given, donated and bequeathed in trust, under the supervision 19 of the board of directors or board of trustees. The treasurer 20 of the committee shall execute a bond to the People of the 21 State of Illinois for the use of the cemetery association, in a 22 penal sum of not less than double the amount of the trust funds 23 coming into his possession as treasurer, conditioned for the 24 faithful performance of his duties and the faithful accounting 25 for all money or funds which by virtue of his treasurership 26 come into his possession, and be in such form and with such HB1188 Enrolled - 181 - LRB096 08565 DRJ 18688 b 1 securities as may be prescribed and approved by the board of 2 directors, or board of trustees, and shall be approved by such 3 board of directors, or board of trustees, and filed with the 4 secretary of the cemetery association. 5 The treasurer of the committee shall have the custody of 6 all money, funds and property received in trust by the cemetery 7 association and shall invest the same in accordance with the 8 directions of the committee as approved by the board of 9 directors or board of trustees of the cemetery association, and 10 shall receive and have the custody of all of the income arising 11 from such investments and as the income is received by him, he 12 shall pay it to the treasurer of the cemetery association, and 13 he shall keep permanent books of record of all such trust funds 14 and of all receipts arising therefrom and disbursements 15 thereof, and shall annually make a written report to the board 16 of directors or board of trustees of the cemetery association, 17 under oath, showing receipts and disbursements, including a 18 statement showing the amount and principal of trust funds on 19 hand and how invested, which report shall be audited by the 20 board of directors, or board of trustees, and if found correct, 21 shall be approved, and filed with the secretary of the cemetery 22 association. 23 The secretary of the committee shall keep, in a book 24 provided for such purpose, a permanent record of the 25 proceedings of the committee, signed by the president and 26 attested by the secretary, and shall also keep a permanent HB1188 Enrolled - 182 - LRB096 08565 DRJ 18688 b 1 record of the several trust funds, the amounts thereof, and for 2 what uses and purposes, respectively, and he shall annually, at 3 the time the treasurer makes his report, make a written report 4 under oath, to the board of directors or board of trustees, 5 stating therein substantially the same matter required to be 6 reported by the treasurer of the committee, which report, if 7 found to be correct, shall be approved, and filed with the 8 secretary of the association. 9 The treasurer shall execute a bond to the People of the 10 State of Illinois, in a penal sum of not less than double the 11 amount of money or funds coming into his possession as such 12 treasurer, conditioned for the faithful performance of his 13 duties and the faithful accounting of all money or funds which 14 by virtue of his office come into his possession and be in such 15 form and with such securities as may be prescribed and approved 16 by the board of directors, or board of trustees, and shall be 17 approved by such board of directors or board of trustees and 18 filed with the secretary of the cemetery association. 19 The trust funds, gifts and legacies mentioned in this 20 section and the income arising therefrom shall be exempt from 21 taxation and from the operation of all laws of mortmain, and 22 the laws against perpetuities and accumulations. 23 No loan; investment; purchase of insurance on the life of 24 any trustee or employee; purchase of any real estate; or any 25 other transaction using care funds by any trustee, director, or 26 committee member shall be made to or for the benefit of any HB1188 Enrolled - 183 - LRB096 08565 DRJ 18688 b 1 person, officer, trustee, or party having any interest, or to 2 any firm, corporation, trade association, or partnership in 3 which any officer, director, trustee, or party has any 4 interest, is a member of, or serves as an officer or director. 5 A violation of this Section shall constitute the intentional 6 and improper withdrawal of trust funds. 7 No loan or investment in any unproductive real estate or 8 real estate outside of this State or in permanent improvements 9 of the cemetery or any of its facilities shall be made, unless 10 specifically authorized by the instrument whereby the 11 principal fund was created. No commission or brokerage fee for 12 the purchase or sale of any property shall be paid in excess of 13 that usual and customary at the time and in the locality where 14 such purchase or sale is made, and all such commissions and 15 brokerage fees shall be fully reported in the next annual 16 report filed by such cemetery association or trustee. 17 If the cemetery is a privately owned cemetery, as defined 18 in Section 2 of the Cemetery Care Act, or a licensed cemetery 19 authority under the Cemetery Oversight Act, or if the burial 20 lot or grave, vault, tomb, or other such structures are in a 21 privately owned cemetery, as defined in Section 2 of the 22 Cemetery Care Act, or a licensed cemetery authority under the 23 Cemetery Oversight Act, then such company or association shall 24 also comply with the provisions of the Cemetery Care Act or 25 Cemetery Oversight Act, whichever is applicable. Where the 26 cemetery is a privately operated cemetery, as defined in HB1188 Enrolled - 184 - LRB096 08565 DRJ 18688 b 1 section 2 of the Cemetery Care Act, approved July 21, 1947, as 2 amended, or where the lot or lots or grave or graves are in a 3 privately operated cemetery, as defined in section 2 of that 4 Act, then such cemetery association or such committee, shall 5 also comply with the provisions of the Cemetery Care Act. 6 (Source: P.A. 95-331, eff. 8-21-07.) 7 Section 90-50. The Cemetery Protection Act is amended by 8 changing Sections .01, 1 and 8 as follows: 9 (765 ILCS 835/.01) (from Ch. 21, par. 14.01) 10 Sec. .01. For the purposes of this Act, the term: 11 "Cemetery manager" means an individual who is engaged in, 12 or holding himself or herself out as engaged in, those 13 activities involved in or incidental to supervising the 14 following: the maintenance, operation, development, or 15 improvement of a cemetery licensed under this Act; the 16 interment of human remains; or the care, preservation, and 17 embellishment of cemetery property. This definition also 18 includes, without limitation, an individual that is an 19 independent contractor or individuals employed or contracted 20 by an independent contractor who is engaged in, or holding 21 himself or herself out as engaged in, those activities involved 22 in or incidental to supervising the following: the maintenance, 23 operation, development, or improvement of a cemetery licensed 24 under this Act; the interment of human remains; or the care, HB1188 Enrolled - 185 - LRB096 08565 DRJ 18688 b 1 preservation, and embellishment of cemetery property. 2 "Cemetery authority" is defined as in Section 2 of the 3 "Cemetery Care Act", approved July 21, 1947, as now and 4 hereafter amended. 5 "Community mausoleum" means a mausoleum owned and operated 6 by a cemetery authority that contains multiple entombment 7 rights sold to the public. 8 (Source: P.A. 94-44, eff. 6-17-05.) 9 (765 ILCS 835/1) (from Ch. 21, par. 15) 10 Sec. 1. (a) Any person who acts without proper legal 11 authority and who willfully and knowingly destroys or damages 12 the remains of a deceased human being or who desecrates human 13 remains is guilty of a Class 3 felony. 14 (a-5) Any person who acts without proper legal authority 15 and who willfully and knowingly removes any portion of the 16 remains of a deceased human being from a burial ground where 17 skeletal remains are buried or from a grave, crypt, vault, 18 mausoleum, or other repository of human remains is guilty of a 19 Class 4 felony. 20 (b) Any person who acts without proper legal authority and 21 who willfully and knowingly: 22 (1) obliterates, vandalizes, or desecrates a burial 23 ground where skeletal remains are buried or a grave, crypt, 24 vault, mausoleum, or other repository of human remains; 25 (2) obliterates, vandalizes, or desecrates a park or HB1188 Enrolled - 186 - LRB096 08565 DRJ 18688 b 1 other area clearly designated to preserve and perpetuate 2 the memory of a deceased person or group of persons; 3 (3) obliterates, vandalizes, or desecrates plants, 4 trees, shrubs, or flowers located upon or around a 5 repository for human remains or within a human graveyard or 6 cemetery; or 7 (4) obliterates, vandalizes, or desecrates a fence, 8 rail, curb, or other structure of a similar nature intended 9 for the protection or for the ornamentation of any tomb, 10 monument, gravestone, or other structure of like 11 character; 12 is guilty of a Class A misdemeanor if the amount of the damage 13 is less than $500, a Class 4 felony if the amount of the damage 14 is at least $500 and less than $10,000, a Class 3 felony if the 15 amount of the damage is at least $10,000 and less than 16 $100,000, or a Class 2 felony if the damage is $100,000 or more 17 and shall provide restitution to the cemetery authority or 18 property owner for the amount of any damage caused. 19 (b-5) Any person who acts without proper legal authority 20 and who willfully and knowingly defaces, vandalizes, injures, 21 or removes a gravestone or other memorial, monument, or marker 22 commemorating a deceased person or group of persons, whether 23 located within or outside of a recognized cemetery, memorial 24 park, or battlefield is guilty of a Class 4 felony for damaging 25 at least one but no more than 4 gravestones, a Class 3 felony 26 for damaging at least 5 but no more than 10 gravestones, or a HB1188 Enrolled - 187 - LRB096 08565 DRJ 18688 b 1 Class 2 felony for damaging more than 10 gravestones and shall 2 provide restitution to the cemetery authority or property owner 3 for the amount of any damage caused. 4 (b-7) Any person who acts without proper legal authority 5 and who willfully and knowingly removes with the intent to 6 resell a gravestone or other memorial, monument, or marker 7 commemorating a deceased person or group of persons, whether 8 located within or outside a recognized cemetery, memorial park, 9 or battlefield, is guilty of a Class 2 felony. 10 (c) The provisions of this Section shall not apply to the 11 removal or unavoidable breakage or injury by a cemetery 12 authority of anything placed in or upon any portion of its 13 cemetery in violation of any of the rules and regulations of 14 the cemetery authority, nor to the removal of anything placed 15 in the cemetery by or with the consent of the cemetery 16 authority that in the judgment of the cemetery authority has 17 become wrecked, unsightly, or dilapidated. 18 (d) If an unemancipated minor is found guilty of violating 19 any of the provisions of subsection (b) of this Section and is 20 unable to provide restitution to the cemetery authority or 21 property owner, the parents or legal guardians of that minor 22 shall provide restitution to the cemetery authority or property 23 owner for the amount of any damage caused, up to the total 24 amount allowed under the Parental Responsibility Law. 25 (d-5) Any person who commits any of the following: 26 (1) any unauthorized, non-related third party or HB1188 Enrolled - 188 - LRB096 08565 DRJ 18688 b 1 person who enters any sheds, crematories, or employee 2 areas; 3 (2) any non-cemetery personnel who solicits cemetery 4 mourners or funeral directors on the grounds or in the 5 offices or chapels of a cemetery before, during, or after a 6 burial; 7 (3) any person who harasses or threatens any employee 8 of a cemetery on cemetery grounds; or 9 (4) any unauthorized person who removes, destroys, or 10 disturbs any cemetery devices or property placed for safety 11 of visitors and cemetery employees; 12 is guilty of a Class A misdemeanor for the first offense and of 13 a Class 4 felony for a second or subsequent offense. 14 (e) Any person who shall hunt, shoot or discharge any gun, 15 pistol or other missile, within the limits of any cemetery, or 16 shall cause any shot or missile to be discharged into or over 17 any portion thereof, or shall violate any of the rules made and 18 established by the board of directors of such cemetery, for the 19 protection or government thereof, is guilty of a Class C 20 misdemeanor. 21 (f) Any person who knowingly enters or knowingly remains 22 upon the premises of a public or private cemetery without 23 authorization during hours that the cemetery is posted as 24 closed to the public is guilty of a Class A misdemeanor. 25 (g) All fines when recovered, shall be paid over by the 26 court or officer receiving the same to the cemetery authority HB1188 Enrolled - 189 - LRB096 08565 DRJ 18688 b 1 and be applied, as far as possible in repairing the injury, if 2 any, caused by such offense. Provided, nothing contained in 3 this Act shall deprive such cemetery authority or the owner of 4 any interment, entombment, or inurnment inurement right or 5 monument from maintaining an action for the recovery of damages 6 caused by any injury caused by a violation of the provisions of 7 this Act, or of the rules established by the board of directors 8 of such cemetery authority. Nothing in this Section shall be 9 construed to prohibit the discharge of firearms loaded with 10 blank ammunition as part of any funeral, any memorial 11 observance or any other patriotic or military ceremony. 12 (Source: P.A. 94-44, eff. 6-17-05; 94-608, eff. 8-16-05; 13 95-331, eff. 8-21-07.) 14 (765 ILCS 835/8) (from Ch. 21, par. 21.1) 15 Sec. 8. If the cemetery is a privately owned cemetery, as 16 defined in Section 2 of the Cemetery Care Act, or a licensed 17 cemetery authority under the Cemetery Oversight Act, or if the 18 burial lot or grave, vault, tomb, or other such structures are 19 in a privately owned cemetery, as defined in Section 2 of the 20 Cemetery Care Act, or a licensed cemetery authority under the 21 Cemetery Oversight Act, then such company or association shall 22 also comply with the provisions of the Cemetery Care Act or 23 Cemetery Oversight Act, whichever is applicable. Furthermore, 24 no cemetery authority company or other legal entity may deny 25 burial space to any person because of race, creed, marital HB1188 Enrolled - 190 - LRB096 08565 DRJ 18688 b 1 status, sex, national origin, sexual orientation, or color. A 2 cemetery company or other entity operating any cemetery may 3 designate parts of cemeteries or burial grounds for the 4 specific use of persons whose religious code requires 5 isolation. Religious institution cemeteries may limit burials 6 to members of the religious institution and their families. 7 Where the cemetery is a privately operated cemetery, as defined 8 in Section 2 of the Cemetery Care Act, enacted by the 9 Sixty-fifth General Assembly or where the interment, 10 entombment rights in a community mausoleum or lawn crypt 11 section, or inurnment rights in a community columbarium, vault 12 or vaults, tomb or tombs, or other such structures in the 13 cemetery or graveyard are in a privately operated cemetery, as 14 defined in Section 2 of that Act, then such board of directors 15 or managing officers of such cemetery, society or cemetery 16 authority, or the trustees of any public graveyard or the 17 cemetery society or cemetery association, shall also comply 18 with the provisions of the Cemetery Care Act, enacted by the 19 Sixty-fifth General Assembly. 20 (Source: P.A. 94-44, eff. 6-17-05.) 21 Section 90-57. The Consumer Fraud and Deceptive Business 22 Practices Act is amended by changing Section 2Z as follows: 23 (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z) 24 Sec. 2Z. Violations of other Acts. Any person who knowingly HB1188 Enrolled - 191 - LRB096 08565 DRJ 18688 b 1 violates the Automotive Repair Act, the Automotive Collision 2 Repair Act, the Home Repair and Remodeling Act, the Dance 3 Studio Act, the Physical Fitness Services Act, the Hearing 4 Instrument Consumer Protection Act, the Illinois Union Label 5 Act, the Job Referral and Job Listing Services Consumer 6 Protection Act, the Travel Promotion Consumer Protection Act, 7 the Credit Services Organizations Act, the Automatic Telephone 8 Dialers Act, the Pay-Per-Call Services Consumer Protection 9 Act, the Telephone Solicitations Act, the Illinois Funeral or 10 Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care 11 Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales 12 Act, the High Risk Home Loan Act, the Payday Loan Reform Act, 13 the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 14 3-10 of the Cigarette Tax Act, the Payday Loan Reform Act, 15 subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax 16 Act, the Electronic Mail Act, the Internet Caller 17 Identification Act, paragraph (6) of subsection (k) of Section 18 6-305 of the Illinois Vehicle Code, Section 18d-115, 18d-120, 19 18d-125, 18d-135, or 18d-150 of the Illinois Vehicle Code, 20 Article 3 of the Residential Real Property Disclosure Act, the 21 Automatic Contract Renewal Act, or the Personal Information 22 Protection Act commits an unlawful practice within the meaning 23 of this Act. 24 (Source: P.A. 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, 25 eff. 1-1-06; 94-292, eff. 1-1-06; 94-822, eff. 1-1-07; 95-413, 26 eff. 1-1-08; 95-562, eff. 7-1-08; 95-876, eff. 8-21-08; revised HB1188 Enrolled - 192 - LRB096 08565 DRJ 18688 b 1 11-4-09.) 2 Section 90-60. The Burial Rights Act is amended by changing 3 Sections 1 and 2.3 as follows: 4 (820 ILCS 135/1) (from Ch. 21, par. 101) 5 Sec. 1. (a) Every contract, agreement or understanding 6 between a cemetery authority and a cemetery workers' 7 association which totally prohibits burials of human remains on 8 Sundays or legal holidays shall be deemed to be void as against 9 public policy and wholly unenforceable. 10 (b) Nothing in this Section shall prohibit a cemetery 11 authority and a cemetery workers' association from entering 12 into a contract, agreement or understanding which limits Sunday 13 or holiday burials of human remains to decedents who were 14 members of religious sects whose tenets or beliefs require 15 burials within a specified period of time and whose deaths 16 occurred at such times as to necessitate Sunday or holiday 17 burials. Such contract, agreement or understanding may provide 18 that a funeral director notify the cemetery authority within a 19 reasonable time when a Sunday or holiday burial is necessitated 20 by reason of the decedent's religious tenets or beliefs. 21 (c) It shall be unlawful for any person to restrain, 22 prohibit or interfere with the burial of a decedent whose time 23 of death and religious tenets or beliefs necessitate burial on 24 a Sunday or legal holiday. HB1188 Enrolled - 193 - LRB096 08565 DRJ 18688 b 1 (d) A violation of this Section is a Class A misdemeanor. 2 (e) For the purposes of this Act, "cemetery authority" 3 shall have the meaning ascribed to it in Section 2 of the 4 Cemetery Care Act or the Cemetery Oversight Act, whichever is 5 applicable; and "cemetery workers' association" means an 6 organization of workers who are employed by cemetery 7 authorities to perform the task of burying human remains or 8 transporting remains to cemeteries or other places of 9 interment, and who join together for collective bargaining 10 purposes or to negotiate terms and conditions of employment. 11 (Source: P.A. 83-384.) 12 (820 ILCS 135/2.3) 13 Sec. 2.3. Sections of cemeteries. No provision of any law 14 of this State may be construed to prohibit a cemetery authority 15 from reserving, in a cemetery not owned by a religious 16 organization or institution, a section of interment rights, 17 entombment rights, or inurnment rights for sale exclusively to 18 persons of a particular religion, unless membership in the 19 religion is restricted on account of race, color, or national 20 origin. As used in this Section, "interment rights", 21 "entombment rights", and "inurnment rights" have the meanings 22 ascribed to those terms in the Cemetery Care Act or the 23 Cemetery Oversight Act, whichever is applicable. 24 (Source: P.A. 88-659.) HB1188 Enrolled - 194 - LRB096 08565 DRJ 18688 b 1 (760 ILCS 100/Act rep.) 2 Section 90-90. The Cemetery Care Act is repealed. 3 (805 ILCS 320/16 rep.) 4 (805 ILCS 320/16.5 rep.) 5 (805 ILCS 320/17 rep.) 6 (805 ILCS 320/18 rep.) 7 (805 ILCS 320/19 rep.) 8 (805 ILCS 320/20 rep.) 9 Section 90-92. The Cemetery Association Act is amended by 10 repealing Sections 16, 16.5, 17, 18, 19, and 20. 11 (805 ILCS 320/Act rep.) 12 Section 90-95. The Cemetery Association Act is repealed. 13 Article 91. 14 Additional Amendatory Provisions 15 Section 91-5. The Funeral Directors and Embalmers 16 Licensing Code is amended by changing Sections 1-10, 15-50, 17 15-60, and 15-75 and adding Article 12 and Section 15-76 as 18 follows: 19 (225 ILCS 41/1-10) 20 (Section scheduled to be repealed on January 1, 2013) 21 Sec. 1-10. Definitions. As used in this Code: HB1188 Enrolled - 195 - LRB096 08565 DRJ 18688 b 1 "Applicant" means any person making application for a 2 license or certificate of registration. 3 "Board" means the Funeral Directors and Embalmers 4 Licensing and disciplinary Board. 5 "Customer service employee" means a funeral establishment, 6 funeral chapel, funeral home, or mortuary employee who has 7 direct contact with consumers and explains funeral or burial 8 merchandise or services or negotiates, develops, or finalizes 9 contracts with consumers. This definition includes, without 10 limitation, an individual that is an independent contractor or 11 an individual employed or contracted by an independent 12 contractor who has direct contact with consumers and explains 13 funeral or burial merchandise or services or negotiates, 14 develops, or finalizes contracts with consumers. This 15 definition does not include a funeral establishment, funeral 16 chapel, funeral home, or mortuary employee, an individual who 17 is an independent contractor, or an individual employed or 18 contracted by an independent contractor who merely provides a 19 printed price list to a consumer, processes payment from a 20 consumer, or performs sales functions related solely to 21 incidental merchandise like flowers, keepsakes, memorial 22 tributes, or other similar items. 23 "Department" means the Department of Professional 24 Regulation. 25 "Director" means the Director of Professional Regulation. 26 "Funeral director and embalmer" means a person who is HB1188 Enrolled - 196 - LRB096 08565 DRJ 18688 b 1 licensed and qualified to practice funeral directing and to 2 prepare, disinfect and preserve dead human bodies by the 3 injection or external application of antiseptics, 4 disinfectants or preservative fluids and materials and to use 5 derma surgery or plastic art for the restoring of mutilated 6 features. It further means a person who restores the remains of 7 a person for the purpose of funeralization whose organs or bone 8 or tissue has been donated for anatomical purposes. 9 "Funeral director and embalmer intern" means a person 10 licensed by the State who is qualified to render assistance to 11 a funeral director and embalmer in carrying out the practice of 12 funeral directing and embalming under the supervision of the 13 funeral director and embalmer. 14 "Embalming" means the process of sanitizing and chemically 15 treating a deceased human body in order to reduce the presence 16 and growth of microorganisms, to retard organic decomposition, 17 to render the remains safe to handle while retaining 18 naturalness of tissue, and to restore an acceptable physical 19 appearance for funeral viewing purposes. 20 "Funeral director" means a person, known by the title of 21 "funeral director" or other similar words or titles, licensed 22 by the State who practices funeral directing. 23 "Funeral establishment", "funeral chapel", "funeral home", 24 or "mortuary" means a building or separate portion of a 25 building having a specific street address or location and 26 devoted to activities relating to the shelter, care, custody HB1188 Enrolled - 197 - LRB096 08565 DRJ 18688 b 1 and preparation of a deceased human body and which may contain 2 facilities for funeral or wake services. 3 "Owner" means the individual, partnership, corporation, 4 association, trust, estate, or agent thereof, or other person 5 or combination of persons who owns a funeral establishment or 6 funeral business. 7 "Person" means any individual, partnership, association, 8 firm, corporation, trust or estate, or other entity. 9 (Source: P.A. 93-268, eff. 1-1-04.) 10 (225 ILCS 41/Art. 12 heading new) 11 ARTICLE 12. CUSTOMER SERVICE EMPLOYEES 12 (225 ILCS 41/12-5 new) 13 (Section scheduled to be repealed on January 1, 2013) 14 Sec. 12-5. License requirement. Customer service employees 15 employed by a funeral establishment, funeral chapel, funeral 16 home, or mortuary must apply for licensure as a customer 17 service employee on forms prescribed by the Department and pay 18 the fee established by rule. Funeral directors and embalmers 19 already licensed under this Act need not obtain a separate 20 license as a customer service employee. It is unlawful for any 21 person to act as a customer service employee without a customer 22 service employee license issued by the Department unless 23 otherwise exempted under this Section. 24 A person acting as a customer service employee who, prior HB1188 Enrolled - 198 - LRB096 08565 DRJ 18688 b 1 to the effective date of this amendatory Act of the 96th 2 General Assembly, was not required to obtain licensure need not 3 comply with the licensure requirement in this Article until the 4 Department takes action on the person's application for a 5 license. The application for a customer service employee 6 license must be submitted to the Department within 4 months 7 after the Department adopts rules regarding licensure under 8 this amendatory Act of the 96th General Assembly. If the person 9 fails to submit the application within this time period, then 10 the person shall be considered to be engaged in unlicensed 11 practice and shall be subject to discipline under this Act. 12 (225 ILCS 41/12-10 new) 13 (Section scheduled to be repealed on January 1, 2013) 14 Sec. 12-10. Qualifications for licensure. 15 (a) A person is qualified for licensure as a customer 16 service employee if he or she meets all of the following 17 requirements: 18 (1) Is at least 18 years of age. 19 (2) Is of good moral character, including compliance 20 with the Code of Professional Conduct and Ethics as 21 provided for by rule. Good moral character is a continuing 22 requirement of licensure. In determining good moral 23 character, the Department may take into consideration 24 conviction of any crime under the laws of any jurisdiction. 25 (3) Submits proof of successful completion of a high HB1188 Enrolled - 199 - LRB096 08565 DRJ 18688 b 1 school education or its equivalent as established by rule. 2 (4) Submits his or her fingerprints in accordance with 3 subsection (b) of this Section. 4 (5) Has not committed a violation of this Act or any 5 rules adopted under this Act that, in the opinion of the 6 Department, renders the applicant unqualified to be a 7 customer service employee. 8 (6) Successfully passes the examination authorized by 9 the Department for customer service employees. 10 (7) Has complied with all other requirements of this 11 Act and rules established for the implementation of this 12 Act. 13 (8) Can be reasonably expected to treat consumers 14 professionally, fairly, and ethically. 15 (b) Each applicant for a customer service employee license 16 shall have his or her fingerprints submitted to the Department 17 of State Police in an electronic format that complies with the 18 form and manner for requesting and furnishing criminal history 19 record information that is prescribed by the Department of 20 State Police. These fingerprints shall be checked against the 21 Department of State Police and Federal Bureau of Investigation 22 criminal history record databases. The Department of State 23 Police shall charge applicants a fee for conducting the 24 criminal history records check, which shall be deposited in the 25 State Police Services Fund and shall not exceed the actual cost 26 of the records check. The Department of State Police shall HB1188 Enrolled - 200 - LRB096 08565 DRJ 18688 b 1 furnish, pursuant to positive identification, records of 2 Illinois convictions to the Department. The Department may 3 require applicants to pay a separate fingerprinting fee, either 4 to the Department or directly to a designated fingerprint 5 vendor. The Department, in its discretion, may allow an 6 applicant who does not have reasonable access to a designated 7 fingerprint vendor to provide his or her fingerprints in an 8 alternative manner. The Department, in its discretion, may also 9 use other procedures in performing or obtaining criminal 10 background checks of applicants. Instead of submitting his or 11 her fingerprints, an individual may submit proof that is 12 satisfactory to the Department that an equivalent security 13 clearance has been conducted. 14 (225 ILCS 41/12-11 new) 15 (Section scheduled to be repealed on January 1, 2013) 16 Sec. 12-11. Code of Professional Conduct and Ethics. The 17 Department shall implement a Code of Professional Conduct and 18 Ethics. Customer service employees shall abide by the Code of 19 Professional Conduct and Ethics. 20 (225 ILCS 41/12-15 new) 21 (Section scheduled to be repealed on January 1, 2013) 22 Sec. 12-15. Examination; failure or refusal to take the 23 examination. 24 (a) The Department shall authorize examinations of HB1188 Enrolled - 201 - LRB096 08565 DRJ 18688 b 1 customer service employee applicants at such times and places 2 as it may determine. The examinations shall fairly test an 3 applicant's qualifications to practice as customer service 4 employee and knowledge of the theory and practice of funeral 5 home customer service. The examination shall further test the 6 extent to which the applicant understands and appreciates that 7 the final disposal of a deceased human body should be attended 8 with appropriate observance and understanding, having due 9 regard and respect for the reverent care of the human body and 10 for those bereaved and for the overall spiritual dignity of an 11 individual. 12 (b) Applicants for examinations shall pay, either to the 13 Department or to the designated testing service, a fee covering 14 the cost of providing the examination. Failure to appear for 15 the examination on the scheduled date at the time and place 16 specified after the application for examination has been 17 received and acknowledged by the Department or the designated 18 testing service shall result in forfeiture of the examination 19 fee. 20 (c) If the applicant neglects, fails, or refuses to take an 21 examination or fails to pass an examination for a license under 22 this Act within one year after filing an application, then the 23 application shall be denied. However, the applicant may 24 thereafter submit a new application accompanied by the required 25 fee. The applicant shall meet the requirements in force at the 26 time of making the new application. HB1188 Enrolled - 202 - LRB096 08565 DRJ 18688 b 1 (d) The Department may employ consultants for the purpose 2 of preparing and conducting examinations. 3 (e) The Department shall have the authority to adopt or 4 recognize, in part or in whole, examinations prepared, 5 administered, or graded by other organizations in the cemetery 6 industry that are determined appropriate to measure the 7 qualifications of an applicant for licensure. 8 (225 ILCS 41/12-20 new) 9 (Section scheduled to be repealed on January 1, 2013) 10 Sec. 12-20. Continuing education. The Department shall 11 adopt rules of continuing education for customer service 12 employees. The requirements of this Section apply to any person 13 seeking renewal or restoration under this Code. 14 (225 ILCS 41/15-50) 15 (Section scheduled to be repealed on January 1, 2013) 16 Sec. 15-50. Practice by corporation, partnership, or 17 association. No corporation, partnership or association of 18 individuals, as such, shall be issued a license as a licensed 19 funeral director and embalmer or licensed funeral director, nor 20 shall any corporation, partnership, firm or association of 21 individuals, or any individual connected therewith, publicly 22 advertise any corporation, partnership or association of 23 individuals as being licensed funeral directors and embalmers 24 or licensed funeral directors. Nevertheless, nothing in this HB1188 Enrolled - 203 - LRB096 08565 DRJ 18688 b 1 Act shall restrict funeral director licensees or funeral 2 director and embalmer licensees from forming professional 3 service corporations under the Professional Service 4 Corporation Act or from having these corporations registered 5 for the practice of funeral directing. 6 No funeral director licensee or funeral director and 7 embalmer licensee, and no partnership or association of those 8 licensees, formed since July 1, 1935, shall engage in the 9 practice of funeral directing and embalming or funeral 10 directing under a trade name or partnership or firm name unless 11 in the use and advertising of the trade name, partnership or 12 firm name there is published in connection with the advertising 13 the name of the owner or owners as the owner or owners. 14 (Source: P.A. 87-966.) 15 (225 ILCS 41/15-60) 16 (Section scheduled to be repealed on January 1, 2013) 17 Sec. 15-60. Determination of life. Every funeral director 18 licensee or funeral director and embalmer licensee under this 19 Code before proceeding to prepare or embalm a human body to 20 cremate or bury shall determine that life is extinct by 21 ascertaining that: 22 (a) pulsation has entirely ceased in the radial or other 23 arteries; and 24 (b) heart or respiratory sounds are not audible with the 25 use of a stethoscope or with the ear applied directly over the HB1188 Enrolled - 204 - LRB096 08565 DRJ 18688 b 1 heart. 2 (Source: P.A. 87-966.) 3 (225 ILCS 41/15-75) 4 (Section scheduled to be repealed on January 1, 2013) 5 Sec. 15-75. Violations; grounds for discipline; penalties. 6 (a) Each of the following acts is a Class A misdemeanor for 7 the first offense, and a Class 4 felony for each subsequent 8 offense. These penalties shall also apply to unlicensed owners 9 of funeral homes. 10 (1) Practicing the profession of funeral directing and 11 embalming or funeral directing, or attempting to practice 12 the profession of funeral directing and embalming or 13 funeral directing without a license as a licensed funeral 14 director and embalmer or funeral director or acting as a 15 customer service employee without a license as a customer 16 service employee issued by the Department. 17 (2) Serving as an intern under a licensed funeral 18 director and embalmer or attempting to serve as an intern 19 under a licensed funeral director and embalmer without a 20 license as a licensed funeral director and embalmer intern. 21 (3) Obtaining or attempting to obtain a license, 22 practice or business, or any other thing of value, by fraud 23 or misrepresentation. 24 (4) Permitting any person in one's employ, under one's 25 control or in or under one's service to serve as a funeral HB1188 Enrolled - 205 - LRB096 08565 DRJ 18688 b 1 director and embalmer, funeral director, or funeral 2 director and embalmer intern when the person does not have 3 the appropriate license. 4 (5) Failing to display a license as required by this 5 Code. 6 (6) Giving false information or making a false oath or 7 affidavit required by this Code. 8 (b) Each of the following acts or actions is a violation of 9 this Code for which the Department may refuse to issue or 10 renew, or may suspend or revoke any license or may take any 11 disciplinary action as the Department may deem proper including 12 fines not to exceed $1,000 for each violation. 13 (1) Obtaining or attempting to obtain a license by 14 fraud or misrepresentation. 15 (2) Conviction in this State or another state of any 16 crime that is a felony or misdemeanor under the laws of 17 this State or conviction of a felony or misdemeanor in a 18 federal court. 19 (3) Violation of the laws of this State relating to the 20 funeral, burial or disposal of deceased human bodies or of 21 the rules and regulations of the Department, or the 22 Department of Public Health. 23 (4) Directly or indirectly paying or causing to be paid 24 any sum of money or other valuable consideration for the 25 securing of business or for obtaining authority to dispose 26 of any deceased human body. HB1188 Enrolled - 206 - LRB096 08565 DRJ 18688 b 1 (5) Incompetence or untrustworthiness in the practice 2 of funeral directing and embalming or funeral directing. 3 (6) False or misleading advertising as a funeral 4 director and embalmer or funeral director, or advertising 5 or using the name of a person other than the holder of a 6 license in connection with any service being rendered in 7 the practice of funeral directing and embalming or funeral 8 directing. Nothing in this paragraph shall prevent 9 including the name of any owner, officer or corporate 10 director of a funeral business who is not a licensee in any 11 advertisement used by a funeral home with which the 12 individual is affiliated if the advertisement specifies 13 the individual's affiliation with the funeral home. 14 (7) Engaging in, promoting, selling, or issuing burial 15 contracts, burial certificates, or burial insurance 16 policies in connection with the profession as a funeral 17 director and embalmer, funeral director, or funeral 18 director and embalmer intern in violation of any laws of 19 the State of Illinois. 20 (8) Refusing, without cause, to surrender the custody 21 of a deceased human body upon the proper request of the 22 person or persons lawfully entitled to the custody of the 23 body. 24 (9) Taking undue advantage of a client or clients as to 25 amount to the perpetration of fraud. 26 (10) Engaging in funeral directing and embalming or HB1188 Enrolled - 207 - LRB096 08565 DRJ 18688 b 1 funeral directing without a license. 2 (11) Encouraging, requesting, or suggesting by a 3 licensee or some person working on his behalf and with his 4 consent for compensation that a person utilize the services 5 of a certain funeral director and embalmer, funeral 6 director, or funeral establishment unless that information 7 has been expressly requested by the person. This does not 8 prohibit general advertising or pre-need solicitation. 9 (12) Making or causing to be made any false or 10 misleading statements about the laws concerning the 11 disposal of human remains, including, but not limited to, 12 the need to embalm, the need for a casket for cremation or 13 the need for an outer burial container. 14 (13) Continued practice by a person having an 15 infectious or contagious disease. 16 (14) Embalming or attempting to embalm a deceased human 17 body without express prior authorization of the person 18 responsible for making the funeral arrangements for the 19 body. This does not apply to cases where embalming is 20 directed by local authorities who have jurisdiction or when 21 embalming is required by State or local law. 22 (15) Making a false statement on a Certificate of Death 23 where the person making the statement knew or should have 24 known that the statement was false. 25 (16) Soliciting human bodies after death or while death 26 is imminent. HB1188 Enrolled - 208 - LRB096 08565 DRJ 18688 b 1 (17) Performing any act or practice that is a violation 2 of this Code, the rules for the administration of this 3 Code, or any federal, State or local laws, rules, or 4 regulations governing the practice of funeral directing or 5 embalming. 6 (18) Performing any act or practice that is a violation 7 of Section 2 of the Consumer Fraud and Deceptive Business 8 Practices Act. 9 (19) Engaging in unethical or unprofessional conduct 10 of a character likely to deceive, defraud or harm the 11 public. 12 (20) Taking possession of a dead human body without 13 having first obtained express permission from next of kin 14 or a public agency legally authorized to direct, control or 15 permit the removal of deceased human bodies. 16 (21) Advertising in a false or misleading manner or 17 advertising using the name of an unlicensed person in 18 connection with any service being rendered in the practice 19 of funeral directing or funeral directing and embalming. 20 The use of any name of an unlicensed or unregistered person 21 in an advertisement so as to imply that the person will 22 perform services is considered misleading advertising. 23 Nothing in this paragraph shall prevent including the name 24 of any owner, officer or corporate director of a funeral 25 home, who is not a licensee, in any advertisement used by a 26 funeral home with which the individual is affiliated, if HB1188 Enrolled - 209 - LRB096 08565 DRJ 18688 b 1 the advertisement specifies the individual's affiliation 2 with the funeral home. 3 (22) Directly or indirectly receiving compensation for 4 any professional services not actually performed. 5 (23) Failing to account for or remit any monies, 6 documents, or personal property that belongs to others that 7 comes into a licensee's possession. 8 (24) Treating any person differently to his detriment 9 because of race, color, creed, gender, religion, or 10 national origin. 11 (25) Knowingly making any false statements, oral or 12 otherwise, of a character likely to influence, persuade or 13 induce others in the course of performing professional 14 services or activities. 15 (26) Knowingly making or filing false records or 16 reports in the practice of funeral directing and embalming. 17 (27) Failing to acquire continuing education required 18 under this Code. 19 (28) Failing to comply with any of the following 20 required activities: 21 (A) When reasonably possible, a funeral director 22 licensee or funeral director and embalmer licensee or 23 anyone acting on his or her behalf shall obtain the 24 express authorization of the person or persons 25 responsible for making the funeral arrangements for a 26 deceased human body prior to removing a body from the HB1188 Enrolled - 210 - LRB096 08565 DRJ 18688 b 1 place of death or any place it may be or embalming or 2 attempting to embalm a deceased human body, unless 3 required by State or local law. This requirement is 4 waived whenever removal or embalming is directed by 5 local authorities who have jurisdiction. If the 6 responsibility for the handling of the remains 7 lawfully falls under the jurisdiction of a public 8 agency, then the regulations of the public agency shall 9 prevail. 10 (B) A licensee shall clearly mark the price of any 11 casket offered for sale or the price of any service 12 using the casket on or in the casket if the casket is 13 displayed at the funeral establishment. If the casket 14 is displayed at any other location, regardless of 15 whether the licensee is in control of that location, 16 the casket shall be clearly marked and the registrant 17 shall use books, catalogues, brochures, or other 18 printed display aids to show the price of each casket 19 or service. 20 (C) At the time funeral arrangements are made and 21 prior to rendering the funeral services, a licensee 22 shall furnish a written statement to be retained by the 23 person or persons making the funeral arrangements, 24 signed by both parties, that shall contain: (i) the 25 name, address and telephone number of the funeral 26 establishment and the date on which the arrangements HB1188 Enrolled - 211 - LRB096 08565 DRJ 18688 b 1 were made; (ii) the price of the service selected and 2 the services and merchandise included for that price; 3 (iii) a clear disclosure that the person or persons 4 making the arrangement may decline and receive credit 5 for any service or merchandise not desired and not 6 required by law or the funeral director or the funeral 7 director and embalmer; (iv) the supplemental items of 8 service and merchandise requested and the price of each 9 item; (v) the terms or method of payment agreed upon; 10 and (vi) a statement as to any monetary advances made 11 by the registrant on behalf of the family. 12 (29) A finding by the Department that the license, 13 after having his or her license placed on probationary 14 status or subjected to conditions or restrictions, 15 violated the terms of the probation or failed to comply 16 with such terms or conditions. 17 (30) Violation of any final administrative action of 18 the Director. 19 (31) Being named as a perpetrator in an indicated 20 report by the Department of Children and Family Services 21 pursuant to the Abused and Neglected Child Reporting Act 22 and, upon proof by clear and convincing evidence, being 23 found to have caused a child to be an abused child or 24 neglected child as defined in the Abused and Neglected 25 Child Reporting Act. 26 (c) The Department may refuse to issue or renew, or may HB1188 Enrolled - 212 - LRB096 08565 DRJ 18688 b 1 suspend, the license of any person who fails to file a return, 2 to pay the tax, penalty or interest shown in a filed return, or 3 to pay any final assessment of tax, penalty or interest as 4 required by any tax Act administered by the Illinois Department 5 of Revenue, until the time as the requirements of the tax Act 6 are satisfied. 7 (Source: P.A. 93-268, eff. 1-1-04.) 8 (225 ILCS 41/15-76 new) 9 (Section scheduled to be repealed on January 1, 2013) 10 Sec. 15-76. Vehicle traffic control. A funeral director 11 licensee or funeral director and embalmer licensee planning a 12 interment, inurnment, or entombment at a cemetery shall use its 13 reasonable best efforts to ensure that funeral processions 14 entering and exiting the cemetery grounds do not obstruct 15 traffic on any street for a period in excess of 10 minutes, 16 except where such funeral procession is continuously moving or 17 cannot be moved by reason of circumstances over which the 18 cemetery authority has no reasonable control. The funeral 19 director licensee or funeral director and embalmer licensee 20 arranging funeral processions to the cemetery shall use its 21 reasonable best efforts to help prevent multiple funeral 22 processions from arriving at the cemetery simultaneously. 23 Notwithstanding any provision of this Act to the contrary, any 24 funeral director licensee or funeral director and embalmer 25 licensee who violates the provisions of this Section shall be HB1188 Enrolled - 213 - LRB096 08565 DRJ 18688 b 1 guilty of a business offense and punishable by a fine of not 2 more than $500 for each offense. 3 Article 900. 4 Severability 5 Section 900-5. Severability. This Act is declared to be 6 severable, and should any word, phrase, sentence, provision or 7 Section hereof be hereafter declared unconstitutional or 8 otherwise invalid, the remainder of this Act shall not thereby 9 be affected, but shall remain valid and in full force and 10 effect for all intents and purposes. 11 Article 999. 12 Effective date 13 Section 999-5. Effective date. This Act takes effect March 14 1, 2010, except that Sections 90-25, 90-90, and 90-95 take 15 effect March 1, 2012 and Sections 90-33, 90-57, 90-92, and 16