Bill Amendment: IL HB4106 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: CEMETERY OVERSIGHT ACT-SUNSET

Status: 2020-06-23 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4106 Detail]

Download: Illinois-2019-HB4106-House_Amendment_001.html

---

Rep. Emanuel Chris Welch

Filed: 2/19/2020

10100HB4106ham001 LRB101 16069 RPS 69346 a
AMENDMENT TO HOUSE BILL 4106
AMENDMENT NO. ______. Amend House Bill 4106 by replacing
everything after the enacting clause with the following:
"Section 5. The Regulatory Sunset Act is amended by
changing Section 4.31 and by adding Section 4.41 as follows:
(5 ILCS 80/4.31)
Sec. 4.31. Acts repealed on January 1, 2021. The following
Acts are repealed on January 1, 2021:
The Crematory Regulation Act.
The Cemetery Oversight Act.
The Illinois Health Information Exchange and Technology
Act.
The Radiation Protection Act of 1990.
(Source: P.A. 96-1041, eff. 7-14-10; 96-1331, eff. 7-27-10;
incorporates P.A. 96-863, eff. 3-1-10; 97-333, eff. 8-12-11.)

10100HB4106ham001 - 2 - LRB101 16069 RPS 69346 a
(5 ILCS 80/4.41 new)
Sec. 4.41. Act repealed on January 1, 2031. The following
Act is repealed on January 1, 2031:
The Cemetery Oversight Act.
Section 10. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Sections 2105-35 and 2105-120 as follows:
(20 ILCS 2105/2105-35)
Sec. 2105-35. Prohibited uses of roster of information.
Notwithstanding any other provision of law to the contrary, any
roster of information including, but not limited to, the
licensee's name, address, and profession, shall not be used by
a third party for the purpose of marketing goods or services
not related to the licensee's profession. Rosters provided by
the Department shall comply with the requirements set forth
under the Illinois Freedom of Information Act.
(Source: P.A. 96-978, eff. 7-2-10.)
(20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)
Sec. 2105-120. Board's report; licensee's or applicant's
motion for rehearing.
(a) The board shall present to the Secretary Director its
written report of its findings and recommendations. A copy of
the report shall be served upon the licensee or applicant,

10100HB4106ham001 - 3 - LRB101 16069 RPS 69346 a
either personally or by mail or email as provided in Section
2105-100 for the service of the notice. The Secretary may issue
an order that deviates from the board's report and is not
required to provide the board with an explanation of the
deviation.
(b) Within 20 days after the service required under
subsection (a), the licensee or applicant may present to the
Department a motion in writing for a rehearing. The written
motion shall specify the particular grounds for a rehearing. If
the licensee or applicant orders and pays for a transcript of
the record as provided in Section 2105-115, the time elapsing
thereafter and before the transcript is ready for delivery to
the licensee or applicant shall not be counted as part of the
20 days.
(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
Section 15. The Cemetery Oversight Act is amended by
changing Sections 5-15, 5-20, 5-25, 10-20, 10-21, 10-40, 10-55,
20-8, 25-3, 25-5, 25-10, 25-15, 25-25, 25-30, 25-35, 25-90,
25-95, 25-105, 25-115, 25-125, and 35-5 and by adding Sections
5-16, 5-26, 25-26, and 25-126 as follows:
(225 ILCS 411/5-15)
(Section scheduled to be repealed on January 1, 2021)
Sec. 5-15. Definitions. In this Act:
"Address of record" means the designated address recorded

10100HB4106ham001 - 4 - LRB101 16069 RPS 69346 a
by the Department in the applicant's or licensee's application
file or license file. It is the duty of the applicant or
licensee to inform the Department of any change of address
within 14 days either through the Department's website or by
contacting the Department's licensure maintenance unit. The
address of record for a cemetery authority shall be the
permanent street address of the cemetery.
"Applicant" means a person applying for licensure under
this Act as a cemetery authority, cemetery manager, or customer
service employee. Any applicant or any person who holds himself
or herself out as an applicant is considered a licensee for
purposes of enforcement, investigation, hearings, and the
Illinois Administrative Procedure Act.
"Burial permit" means a permit provided by a licensed
funeral director for the disposition of a dead human body.
"Care" means the maintenance of a cemetery and of the lots,
graves, crypts, niches, family mausoleums, memorials, and
markers therein, including: (i) the cutting and trimming of
lawn, shrubs, and trees at reasonable intervals; (ii) keeping
in repair the drains, water lines, roads, buildings, fences,
and other structures, in keeping with a well-maintained
cemetery as provided for in Section 20-5 of this Act and
otherwise as required by rule; (iii) maintenance of machinery,
tools, and equipment for such care; (iv) compensation of
cemetery workers, any discretionary payment of insurance
premiums, and any reasonable payments for workers' pension and

10100HB4106ham001 - 5 - LRB101 16069 RPS 69346 a
other benefits plans; and (v) the payment of expenses necessary
for such purposes and for maintaining necessary records of lot
ownership, transfers, and burials.
"Cemetery" means any land or structure in this State
dedicated to and used, or intended to be used, for the
interment, inurnment, or entombment of human remains.
"Cemetery authority" means any individual or legal entity
that owns or controls cemetery lands or property.
"Cemetery manager" means an individual directly
responsible or holding himself or herself directly responsible
for the operation, maintenance, development, or improvement of
a cemetery that is or shall be licensed under this Act,
irrespective of whether the individual is paid by the licensed
cemetery authority or a third party. This definition does not
include a volunteer who receives no compensation, either
directly or indirectly, for his or her work as a cemetery
manager.
"Cemetery merchandise" means items of personal property
normally sold by a cemetery authority not covered under the
Illinois Funeral or Burial Funds Act, including, but not
limited to: (1) memorials, (2) markers, (3) monuments, (4)
foundations and installations, and (5) outer burial
containers.
"Cemetery operation" means to engage in any or all of the
following, whether on behalf of, or in the absence of, a
cemetery authority: (i) the interment, entombment, or

10100HB4106ham001 - 6 - LRB101 16069 RPS 69346 a
inurnment of human remains, (ii) the sale of interment,
entombment, or inurnment rights, cemetery merchandise, or
cemetery services, (iii) the maintenance of interment rights
ownership records, (iv) the maintenance of or reporting of
interment, entombment, or inurnment records, (v) the
maintenance of cemetery property, (vi) the development or
improvement of cemetery grounds, or (vii) the maintenance and
execution of business documents, including State and federal
government reporting and the payment of taxes, for a cemetery
business entity.
"Cemetery Oversight Database" means a database certified
by the Department as effective in tracking the interment,
entombment, or inurnment of human remains.
"Cemetery services" means those services customarily
performed by cemetery personnel in connection with the
interment, entombment, or inurnment of a dead human body.
"Certificate of organization" means the document received
by a cemetery association from the Secretary of State that
indicates that the cemetery association shall be deemed fully
organized as a body corporate under the name adopted and in its
corporate name may sue and be sued.
"Comptroller" means the Comptroller of the State of
Illinois.
"Confidential information" means unique identifiers,
including a person's Social Security number, home address, home
phone number, personal phone number, personal email address,

10100HB4106ham001 - 7 - LRB101 16069 RPS 69346 a
personal financial information, and any other information
protected by law.
"Consumer" means an individual who purchases or who is
considering purchasing cemetery, burial, or cremation products
or services from a cemetery authority, whether for themselves
or for another person.
"Customer service employee" means an individual who has
direct contact with consumers to explain cemetery merchandise,
services, and interment rights and to execute the sale of those
items to consumers, whether at the cemetery or an off-site
location, irrespective of whether compensation is paid by the
cemetery authority or a third party. This definition does not
include a volunteer who receives no compensation, either
directly or indirectly, for his or her work as a customer
service employee.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file as maintained
by the Department's licensure maintenance unit.
"Employee" means an individual who works for a cemetery
authority where the cemetery authority has the right to control
what work is performed and the details of how the work is
performed regardless of whether federal or State payroll taxes
are withheld.

10100HB4106ham001 - 8 - LRB101 16069 RPS 69346 a
"Entombment right" means the right to place individual
human remains or individual cremated human remains in a
specific mausoleum crypt or lawn crypt selected by a consumer
for use as a final resting place.
"Family burying ground" means a cemetery in which no lots,
crypts, or niches are sold to the public and in which
interments, inurnments, and entombments are restricted to the
immediate family or a group of individuals related to each
other by blood or marriage.
"Full exemption" means an exemption granted to a cemetery
authority pursuant to subsection (a) of Section 5-20.
"Funeral director" means a funeral director as defined by
the Funeral Directors and Embalmers Licensing Code.
"Grave" means a space of ground in a cemetery used or
intended to be used for burial.
"Green burial or cremation disposition" means burial or
cremation practices that reduce the greenhouse gas emissions,
waste, and toxic chemicals ordinarily created in burial or
cremation or, in the case of greenhouse gas emissions, mitigate
or offset emissions. Such practices include any standards or
method for burial or cremation that the Department may name by
rule.
"Immediate family" means the designated agent of a person
or the persons given priority for the disposition of a person's
remains under the Disposition of Remains Act and shall include
a person's spouse, parents, grandparents, children,

10100HB4106ham001 - 9 - LRB101 16069 RPS 69346 a
grandchildren and siblings.
"Individual" means a natural person.
"Interment right" means the right to place individual human
remains or cremated human remains in a specific underground
location selected by a consumer for use as a final resting
place.
"Inurnment right" means the right to place individual
cremated human remains in a specific niche selected by the
consumer for use as a final resting place.
"Lawn crypt" means a permanent underground crypt installed
in multiple units for the entombment of human remains.
"Licensee" means a person licensed under this Act as a
cemetery authority, cemetery manager, or customer service
employee. Anyone who holds himself or herself out as a licensee
or who is accused of unlicensed practice is considered a
licensee for purposes of enforcement, investigation, hearings,
and the Illinois Administrative Procedure Act.
"Mausoleum crypt" means a grouping of spaces constructed of
reinforced concrete or similar material constructed or
assembled above the ground for entombing remains.
"Niche" means a space in a columbarium or mausoleum used,
or intended to be used, for inurnment of cremated human
remains.
"Partial exemption" means an exemption granted to a
cemetery authority pursuant to subsection (b) of Section 5-20.
"Parcel identification number" means a unique number

10100HB4106ham001 - 10 - LRB101 16069 RPS 69346 a
assigned by the Cemetery Oversight Database to a grave, plot,
crypt, or niche that enables the Department to ascertain the
precise location of a decedent's remains interred, entombed, or
inurned after the effective date of this Act.
"Person" means any individual, firm, partnership,
association, corporation, limited liability company, trustee,
government or political subdivision, or other entity.
"Public cemetery" means a cemetery owned, operated,
controlled, or managed by the federal government, by any state,
county, city, village, incorporated town, township,
multi-township, public cemetery district, or other municipal
corporation, political subdivision, or instrumentality thereof
authorized by law to own, operate, or manage a cemetery.
"Religious burying ground" means a cemetery in which no
lots, crypts, or niches are sold and in which interments,
inurnments, and entombments are restricted to a group of
individuals all belonging to a religious order or granted
burial rights by special consideration of the religious order.
"Religious cemetery" means a cemetery owned, operated,
controlled, and managed by any recognized church, religious
society, association, or denomination, or by any cemetery
authority or any corporation administering, or through which is
administered, the temporalities of any recognized church,
religious society, association, or denomination.
"Secretary" means the Secretary of Financial and
Professional Regulation or a person authorized by the Secretary

10100HB4106ham001 - 11 - LRB101 16069 RPS 69346 a
to act in the Secretary's stead.
"Term burial" means a right of interment sold to a consumer
in which the cemetery authority retains the right to disinter
and relocate the remains, subject to the provisions of
subsection (d) of Section 35-15 of this Act.
"Trustee" means any person authorized to hold funds under
this Act.
"Unique personal identifier" means the parcel
identification number in addition to the term of burial in
years; the numbered level or depth in the grave, plot, crypt,
or niche; and the year of death for human remains interred,
entombed, or inurned after the effective date of this Act. The
unique personal identifier is assigned by the Cemetery
Oversight Database.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/5-16 new)
Sec. 5-16. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after such
change either through the Department's website or by

10100HB4106ham001 - 12 - LRB101 16069 RPS 69346 a
contacting the Department's licensure maintenance unit.
(225 ILCS 411/5-20)
(Section scheduled to be repealed on January 1, 2021)
Sec. 5-20. Exemptions.
(a) Full exemption. Except as provided in this subsection,
this Act does not apply to (1) any cemetery authority operating
as a family burying ground or religious burying ground, (2) any
cemetery authority that has not engaged in an interment,
inurnment, or entombment of human remains within the last 10
years, or (3) any cemetery authority that is less than 3 acres.
For purposes of determining the applicability of this
subsection, the number of interments, inurnments, and
entombments shall be aggregated for each calendar year. A
cemetery authority claiming a full exemption shall apply for
exempt status as provided for in Section 10-20 of this Act. A
cemetery authority claiming a full exemption shall be subject
to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery
authority that performs activities that would disqualify it
from a full exemption is required to apply for licensure within
one year following the date on which its activities would
disqualify it for a full exemption. A cemetery authority that
previously qualified for and maintained a full exemption that
fails to timely apply for licensure shall be deemed to have
engaged in unlicensed practice and shall be subject to
discipline in accordance with Article 25 of this Act.

10100HB4106ham001 - 13 - LRB101 16069 RPS 69346 a
(b) Partial exemption. If a cemetery authority does not
qualify for a full exemption and (1) engages in 25 or fewer
interments, inurnments, or entombments of human remains for
each of the preceding 2 calendar years, (2) operates as a
public cemetery, or (3) operates as a religious cemetery, then
the cemetery authority is partially exempt from this Act but
shall be required to comply with Sections 10-23, 10-40, 10-55,
10-60, subsections (a), (b), (b-5), (c), (d), and (h) of
Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30, 20-35,
20-40, 25-3, and 25-120, and Article 35 of this Act. Cemetery
authorities claiming a partial exemption shall apply for the
partial exemption as provided in Section 10-20 of this Act. A
cemetery authority that changes to a status that would
disqualify it from a partial exemption is required to apply for
licensure within one year following the date on which it
changes its status. A cemetery authority that maintains a
partial exemption that fails to timely apply for licensure
shall be deemed to have engaged in unlicensed practice and
shall be subject to discipline in accordance with Article 25 of
this Act.
(c) Nothing in this Act applies to the City of Chicago in
its exercise of its powers under the O'Hare Modernization Act
or limits the authority of the City of Chicago to acquire
property or otherwise exercise its powers under the O'Hare
Modernization Act, or requires the City of Chicago, or any
person acting on behalf of the City of Chicago, to comply with

10100HB4106ham001 - 14 - LRB101 16069 RPS 69346 a
the licensing, regulation, or investigation, or mediation
requirements of this Act in exercising its powers under the
O'Hare Modernization Act.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/5-25)
(Section scheduled to be repealed on January 1, 2021)
Sec. 5-25. Powers and duties of the Department. The
Department shall, subject Subject to the provisions of this
Act, the Department may exercise the following functions,
powers, and duties:
(1) Authorize certification programs to ascertain the
qualifications and fitness of applicants for licensing as a
licensed cemetery manager or as a customer service employee
to ascertain whether they possess the requisite level of
knowledge for such position.
(2) Examine a licensed cemetery authority's records
from any year or any other aspects of cemetery operation as
the Department deems appropriate.
(3) Investigate any and all cemetery operations.
(4) Conduct hearings on proceedings to refuse to issue,
or renew, or restore licenses or to revoke, suspend, place
on probation, or reprimand, or otherwise discipline a
licensee license under this Act or take other
non-disciplinary action.
(5) Adopt reasonable rules and regulations required

10100HB4106ham001 - 15 - LRB101 16069 RPS 69346 a
for the administration of this Act.
(6) Prescribe forms to be issued for the administration
and enforcement of this Act.
(7) (Blank). Maintain rosters of the names and
addresses of all licensees and all persons whose licenses
have been suspended, revoked, denied renewal, or otherwise
disciplined within the previous calendar year. These
rosters shall be available upon written request and payment
of the required fee as established by rule.
(8) Work with the Office of the Comptroller and the
Department of Public Health, Division of Vital Records to
exchange information and request additional information
relating to a licensed cemetery authority.
(9) Investigate cemetery contracts, grounds, or
employee records.
(10) Issue licenses to those who meet the requirements
of this Act.
(11) Conduct investigations related to possible
violations of this Act.
If the Department exercises its authority to conduct
investigations under this Section, the Department shall
provide the cemetery authority with information sufficient to
challenge the allegation. If the complainant consents, then the
Department shall provide the cemetery authority with the
identity of and contact information for the complainant so as
to allow the cemetery authority and the complainant to resolve

10100HB4106ham001 - 16 - LRB101 16069 RPS 69346 a
the complaint directly. Except as otherwise provided in this
Act, any complaint received by the Department and any
information collected to investigate the complaint shall be
maintained by the Department for the confidential use of the
Department and shall not be disclosed. The Department may not
disclose the information to anyone other than law enforcement
officials or other regulatory agencies or persons that have an
appropriate regulatory interest, as determined by the
Secretary, or to a party presenting a lawful subpoena to the
Department. Information and documents disclosed to a federal,
state, county, or local law enforcement agency shall not be
disclosed by the agency for any purpose to any other agency or
person. A formal complaint filed against a licensee by the
Department or any order issued by the Department against a
licensee or applicant shall be a public record, except as
otherwise prohibited by law.
(Source: P.A. 99-78, eff. 7-20-15.)
(225 ILCS 411/5-26 new)
Sec. 5-26. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department may not disclose the

10100HB4106ham001 - 17 - LRB101 16069 RPS 69346 a
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Director, or a party presenting a
lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
(225 ILCS 411/10-20)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10-20. Application for original license or exemption.
(a) Applications for original licensure as a cemetery
authority, cemetery manager, or customer service employee
authorized by this Act, or application for exemption from
licensure as a cemetery authority, shall be made to the
Department in writing on forms or electronically as prescribed
by the Department, which shall include the applicant's Social
Security number or FEIN number, or both, and shall be
accompanied by the required fee that shall not be refundable.
as set by Section 10-55 of this Act and further refined by
rule. Applications for partial or full exemption from licensure
as a cemetery authority shall be submitted to the Department
within 6 months after the Department adopts rules under this

10100HB4106ham001 - 18 - LRB101 16069 RPS 69346 a
Act. If the person fails to submit the application for partial
or full exemption within this period, the person shall be
subject to discipline in accordance with Article 25 of this
Act. The process for renewing a full or partial exemption shall
be set by rule. If a cemetery authority seeks to practice at
more than one location, it shall meet all licensure
requirements at each location as required by this Act and by
rule, including submission of an application and fee. All
applications shall contain information that, in the judgment of
the Department, will enable the Department to pass on the
qualifications of the applicant for a license under this Act.
(b) (Blank).
(c) After initial licensure, if any person comes to obtain
at least 51% of the ownership over the licensed cemetery
authority, then the cemetery authority shall have to apply for
a new license and receive licensure in the required time as set
by rule. The current license remains in effect until the
Department takes action on the application for a new license.
(d) (Blank). All applications shall contain the
information that, in the judgment of the Department, will
enable the Department to pass on the qualifications of the
applicant for an exemption from licensure or for a license to
practice as a cemetery authority, cemetery manager, or customer
service employee as set by rule.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

10100HB4106ham001 - 19 - LRB101 16069 RPS 69346 a
(225 ILCS 411/10-21)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10-21. Qualifications for licensure.
(a) A cemetery authority shall apply for licensure on forms
prescribed by the Department and pay the required fee. An
applicant is qualified for licensure as a cemetery authority if
the applicant meets all of the following qualifications:
(1) The applicant has not committed any act or offense
in any jurisdiction that would constitute the basis for
discipline under this Act. When considering such license,
the Department shall take into consideration the
following:
(A) the applicant's record of compliance with the
Code of Professional Conduct and Ethics, and whether
the applicant has been found to have engaged in any
unethical or dishonest practices in the cemetery
business;
(B) whether the applicant has been adjudicated,
civilly or criminally, to have committed fraud or to
have violated any law of any state involving unfair
trade or business practices, has been convicted of a
misdemeanor of which fraud is an essential element or
which involves any aspect of the cemetery business, or
has been convicted of any felony;
(C) whether the applicant has willfully violated
any provision of this Act or a predecessor law or any

10100HB4106ham001 - 20 - LRB101 16069 RPS 69346 a
regulations relating thereto;
(D) whether the applicant has been permanently or
temporarily suspended, enjoined, or barred by any
court of competent jurisdiction in any state from
engaging in or continuing any conduct or practice
involving any aspect of the cemetery or funeral
business; and
(E) whether the applicant has ever had any license
to practice any profession or occupation suspended,
denied, fined, or otherwise acted against or
disciplined by the applicable licensing authority.
If the applicant is a corporation, limited liability
company, partnership, or other entity permitted by law,
then the Department shall determine whether each
principal, owner, member, officer, and shareholder holding
25% or more of corporate stock has met the requirements of
this item (1) of subsection (a) of this Section.
(2) The applicant must provide a statement of its
assets and liabilities to the Department.
(3) The applicant has not, within the preceding 10
years, been convicted of or entered a plea of guilty or
nolo contendere to (i) a Class X felony or (ii) a
misdemeanor felony, an essential element of which was fraud
or dishonesty under the laws of this State, another state,
the United States, or a foreign jurisdiction that is
directly related to the practice of cemetery operations. If

10100HB4106ham001 - 21 - LRB101 16069 RPS 69346 a
the applicant is a corporation, limited liability company,
partnership, or other entity permitted by law, then each
principal, owner, member, officer, and shareholder holding
25% or more of corporate stock has not, within the
preceding 10 years, been convicted of or entered a plea of
guilty or nolo contendere to (i) a Class X felony or (ii) a
misdemeanor felony, an essential element of which was fraud
or dishonesty under the laws of this State, another state,
the United States, or a foreign jurisdiction that is
directly related to the practice of cemetery operations.
(4) The applicant shall authorize the Department to
conduct a criminal background check that does not involve
fingerprinting.
(5) In the case of a person or entity applying for
renewal of his, her, or its license, the applicant has
complied with all other requirements of this Act and the
rules adopted for the implementation of this Act.
(b) The cemetery manager and customer service employees of
a licensed cemetery authority shall apply for licensure as a
cemetery manager or customer service employee on forms
prescribed by the Department and pay the required fee. A person
is qualified for licensure as a cemetery manager or customer
service employee if he or she meets all of the following
requirements:
(1) Is at least 18 years of age.
(2) Has acted in an ethical manner as set forth in

10100HB4106ham001 - 22 - LRB101 16069 RPS 69346 a
Section 10-23 of this Act. In determining qualifications of
licensure, the Department shall take into consideration
the factors outlined in item (1) of subsection (a) of this
Section.
(3) Submits proof of successful completion of a high
school education or its equivalent as established by rule.
(4) The applicant shall authorize the Department to
conduct a criminal background check that does not involve
fingerprinting.
(5) Has not committed a violation of this Act or any
rules adopted under this Act that, in the opinion of the
Department, renders the applicant unqualified to be a
cemetery manager.
(6) Submits proof of successful completion of a
certification course recognized by the Department for a
cemetery manager or customer service employee, whichever
the case may be.
(7) Has not, within the preceding 10 years, been
convicted of or entered a plea of guilty or nolo contendere
to (i) a Class X felony or (ii) a misdemeanor felony, an
essential element of which was fraud or dishonesty under
the laws of this State, another state, the United States,
or a foreign jurisdiction that is directly related to the
practice of cemetery operations.
(8) (Blank).
(9) In the case of a person applying for renewal of his

10100HB4106ham001 - 23 - LRB101 16069 RPS 69346 a
or her license, has complied with all other requirements of
this Act and the rules adopted for implementation of this
Act.
(c) Each applicant for a cemetery authority, cemetery
manager, or customer service employee license shall authorize
the Department to conduct a criminal background check that does
not involve fingerprinting. The Department must, in turn,
conduct the criminal background check on each applicant. The
Department shall adopt rules to implement this subsection (c),
but in no event shall the Department impose a fee upon the
applicant for the background check.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/10-40)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10-40. Renewal, reinstatement, or restoration of
license Expiration and renewal of license.
(a) The expiration date and renewal period for each license
issued under this Act shall be set by rule. The holder of a
license may renew such license during the month preceding the
expiration date thereof by paying the required fee.
(b) A licensee under this Act who has permitted his or her
license to expire or has had his or her license placed on
inactive status may have his or her license restored by making
application to the Department and filing proof acceptable to
the Department of his or her fitness of having his or her

10100HB4106ham001 - 24 - LRB101 16069 RPS 69346 a
license restored, including, but not limited to, sworn evidence
certifying to active practice in another jurisdiction
satisfactory to the Department, and by paying the required fee
as determined by rule. Every cemetery authority, cemetery
manager, and customer service employee license shall expire
every 2 years. Every registration as a fully exempt cemetery
authority or partially exempt cemetery authority shall expire
every 4 years. The expiration date, renewal period, and other
requirements for each license and registration shall be further
refined by rule.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/10-55)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10-55. Fees.
(a) Except as provided in this Section, the fees for the
administration and enforcement of this Act shall be set by the
Department by rule. The fees shall be reasonable and shall not
be refundable.
(b) Cemetery manager applicants and customer service
employee applicants shall pay any certification program or
continuing education program fee directly to the entity
offering the program.
(c) (Blank). The Department may waive fees based upon
hardship.
(d) Nothing shall prohibit a cemetery authority from

10100HB4106ham001 - 25 - LRB101 16069 RPS 69346 a
paying, on behalf of its cemetery managers or customer service
employees, their application, renewal, or restoration fees.
(e) (Blank). All fees and other moneys collected under this
Act shall be deposited in the Cemetery Oversight Licensing and
Disciplinary Fund.
(f) The fee for application as a cemetery authority seeking
a full exemption is $0.
(g) The fee to renew registration as a fully exempt
cemetery authority is $0. As provided in Section 10-40 of this
Act and as further refined by rule, each registration as a
fully exempt cemetery authority shall expire every 4 years.
(h) The fee for application as a cemetery authority seeking
a partial exemption is $150.
(i) The fee to renew registration as a partially exempt
cemetery authority is $150. As provided in Section 10-40 of
this Act and as further refined by rule, each registration as a
partially exempt cemetery authority shall expire every 4 years.
(j) The fee for original licensure, renewal, and
restoration as a cemetery authority not seeking a full or
partial exemption is $75. As provided in Section 10-40 of this
Act and as further refined by rule, each cemetery authority
license shall expire every 2 years.
(k) The fee for original licensure, renewal, and
restoration as a cemetery manager is $25. As provided in
Section 10-40 of this Act and as further refined by rule, each
cemetery manager license shall expire every 2 years.

10100HB4106ham001 - 26 - LRB101 16069 RPS 69346 a
(l) The fee for original licensure, renewal, and
restoration as a customer service employee is $25. As provided
in Section 10-40 of this Act and as further refined by rule,
each customer service employee license shall expire every 2
years.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/20-8)
(Section scheduled to be repealed on January 1, 2021)
Sec. 20-8. Vehicle traffic control. A cemetery authority
shall use its reasonable best efforts to ensure that funeral
processions entering and exiting the cemetery grounds do not
obstruct traffic on any street for a period in excess of 10
minutes, except where such funeral procession is continuously
moving or cannot be moved by reason of circumstances over which
the cemetery authority has no reasonable control. The cemetery
authority shall use its reasonable best efforts to help prevent
multiple funeral processions from arriving at the cemetery
simultaneously. Notwithstanding any provision of this Act to
the contrary, a cemetery authority that violates the provisions
of this Section shall be guilty of a business offense and
punishable by a fine of not more than $500 for each offense.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-3)
(Section scheduled to be repealed on January 1, 2021)

10100HB4106ham001 - 27 - LRB101 16069 RPS 69346 a
Sec. 25-3. Exemption, investigation, mediation. All
cemetery authorities maintaining a partial exemption must
submit to the following investigation and mediation procedure
by the Department in the event of a consumer complaint:
(a) Complaints to cemetery:
(1) the cemetery authority shall make every effort to
first resolve a consumer complaint; and
(2) if the complaint is not resolved, then the cemetery
authority shall advise the consumer of his or her right to
file a complaint with seek investigation and mediation by
the Department.
(b) Complaints to the Department:
(1) if the Department receives a complaint, the
Department shall make an initial determination as to
whether the complaint has a reasonable basis and pertains
to this Act;
(2) if the Department determines that the complaint has
a reasonable basis and pertains to this Act, it shall
inform the cemetery authority of the complaint and give it
30 days to tender a response;
(3) upon receiving the cemetery authority's response,
or after the 30 days provided in subsection (2) of this
subsection, whichever comes first, the Department shall
attempt to resolve the complaint telephonically with the
parties involved;
(4) if the complaint still is not resolved, then the

10100HB4106ham001 - 28 - LRB101 16069 RPS 69346 a
Department shall conduct an investigation and mediate the
complaint as provided for by rule;
(5) if the Department conducts an on-site
investigation and face-to-face mediation with the parties,
then it may charge the cemetery authority a single
investigation and mediation fee, which fee shall be set by
rule and shall be calculated on an hourly basis; and
(6) if all attempts to resolve the consumer complaint
as provided for in paragraphs (1) through (5) fail, then
the cemetery authority may be subject to proceedings for
penalties and discipline under this Article when it is
determined by the Department that the cemetery authority
may have engaged in any of the following: (i) gross
malpractice; (ii) dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public; (iii) gross, willful, or
continued overcharging for services; (iv) incompetence;
(v) unjustified failure to honor its contracts; or (vi)
failure to adequately maintain its premises. The
Department may issue a citation or institute disciplinary
action and cause the matter to be prosecuted and may
thereafter issue and enforce its final order as provided in
this Act.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-5)

10100HB4106ham001 - 29 - LRB101 16069 RPS 69346 a
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-5. Citations.
(a) The Department may adopt rules to permit the issuance
of citations for non-frivolous complaints. The citation shall
be issued to the licensee and shall contain the licensee's name
and address, the licensee's license number, a brief factual
statement, the Sections of the law allegedly violated, and the
penalty imposed. The citation must clearly state that the
licensee may choose, in lieu of accepting the citation, to
request a hearing. If the licensee does not dispute the matter
in the citation with the Department within 30 days after the
citation is served, then the citation shall become a final
order and shall constitute discipline. The penalty shall be a
fine or other conditions as established by rule.
(b) The Department shall adopt rules designating
violations for which a citation may be issued. Such rules shall
designate as citation violations those violations for which
there is no substantial threat to the public health, safety,
and welfare. Citations shall not be utilized if there was any
significant consumer harm resulting from the violation.
(c) A citation must be issued within 6 months after the
reporting of a violation that is the basis for the citation.
(d) Service of a citation may be made by personal service,
regular mail, or email or certified mail to the licensee at the
licensee's address of record.
(Source: P.A. 96-863, eff. 3-1-10.)

10100HB4106ham001 - 30 - LRB101 16069 RPS 69346 a
(225 ILCS 411/25-10)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-10. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew a license
or may revoke, suspend, place on probation, reprimand, or take
other disciplinary or non-disciplinary action as the
Department may deem appropriate, including imposing fines not
to exceed $10,000 $8,000 for each violation, with regard to any
license under this Act, for any one or combination of the
following:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, except for Section 20-8, or
of the rules adopted under this Act.
(3) Conviction of, or entry of a plea of guilty or nolo
contendere to, any crime within the last 10 years that is a
Class X felony or higher or is a felony involving fraud and
dishonesty under the laws of the United States or any state
or territory thereof. Conviction of or entry of a plea of
guilty or nolo contendere, finding of guilt, jury verdict,
or entry of judgment or sentencing, including, but not
limited to, convictions, preceding sentences of
supervision, conditional discharge, or first offender
probation under the law of any jurisdiction of the United
States that is (i) a felony or (ii) a misdemeanor, an

10100HB4106ham001 - 31 - LRB101 16069 RPS 69346 a
essential element of which is fraud or dishonesty that is
directly related to the practice of cemetery operations.
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal. Making any misrepresentation for the
purpose of obtaining licensure or violating any provision
of this Act or the rules adopted under this Act.
(5) Negligence, incompetence, or misconduct in the
practice of cemetery operations. Professional
incompetence.
(6) Gross malpractice.
(7) Aiding or assisting another person in violating any
provision of this Act or rules adopted under this Act.
(8) Failing, within 10 business days, to provide
information in response to a written request made by the
Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol,
narcotics, stimulants, or any other substances that
results in the inability to practice with reasonable
judgment, skill, or safety. Inability to practice with
reasonable judgment, skill, or safety as a result of
habitual or excessive use of alcohol, narcotics,

10100HB4106ham001 - 32 - LRB101 16069 RPS 69346 a
stimulants, or any other chemical agent or drug.
(11) Discipline by another agency, state, territory,
foreign country, the District of Columbia, the United
States government territory, or any other government
agency foreign nation, if at least one of the grounds for
the discipline is the same or substantially equivalent to
those set forth in this Act Section.
(12) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for professional services not actually or personally
rendered.
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation or failed to
comply with such terms.
(14) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with any governmental agency or
department.
(15) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor
skill, mental illness, or disability.
(16) Failure to comply with an order, decision, or

10100HB4106ham001 - 33 - LRB101 16069 RPS 69346 a
finding of the Department made pursuant to this Act.
(17) Directly or indirectly receiving compensation for
any professional services not actually performed.
(18) Practicing under a false or, except as provided by
law, an assumed name.
(19) Using or attempting to use an expired, inactive,
suspended, or revoked license or impersonating another
licensee. Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(20) A finding by the Department that an applicant or
licensee has failed to pay a fine imposed by the
Department. Cheating on or attempting to subvert the
licensing examination administered under this Act.
(21) Unjustified failure to honor its contracts.
(22) Negligent supervision of a cemetery manager,
customer service employee, employee, or independent
contractor.
(23) (Blank). A pattern of practice or other behavior
which demonstrates incapacity or incompetence to practice
under this Act.
(24) (Blank). Allowing an individual who is not, but is
required to be, licensed under this Act to perform work for
the cemetery authority.
(25) (Blank).
(b) (Blank). No action may be taken under this Act against

10100HB4106ham001 - 34 - LRB101 16069 RPS 69346 a
a person licensed under this Act unless the action is commenced
within 5 years after the occurrence of the alleged violations,
except for a violation of item (3) of subsection (a) of this
Section. If a person licensed under this Act violates item (3)
of subsection (a) of this Section, then the action may commence
within 10 years after the occurrence of the alleged violation.
A continuing violation shall be deemed to have occurred on the
date when the circumstances last existed that give rise to the
alleged violation.
(c) In enforcing this Section, the Department, upon a
showing of a possible violation, may order a licensee or
applicant to submit to a mental or physical examination, or
both, at the expense of the Department. The Department may
order the examining physician to present testimony concerning
his or her examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Department. The licensee or applicant may have, at his or her
own expense, another physician of his or her choice present
during all aspects of the examination. Failure of a licensee or
applicant to submit to any such examination when directed,
without reasonable cause, shall be grounds for either immediate
suspending of his or her license or immediate denial of his or
her application.

10100HB4106ham001 - 35 - LRB101 16069 RPS 69346 a
(1) If the Secretary immediately suspends the license
of a licensee for his or her failure to submit to a mental
or physical examination when directed, a hearing must be
convened by the Department within 15 days after the
suspension and completed without appreciable delay.
(2) If the Secretary otherwise suspends a license
pursuant to the results of the licensee's mental or
physical examination, a hearing must be convened by the
Department within 15 days after the suspension and
completed without appreciable delay. The Department shall
have the authority to review the licensee's record of
treatment and counseling regarding the relevant impairment
or impairments to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
(3) Any licensee suspended under this subsection
(c)shall be afforded an opportunity to demonstrate to the
Department that he or she can resume practice in compliance
with the acceptable and prevailing standards under the
provisions of his or her license.
(d) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. Such suspension may
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,

10100HB4106ham001 - 36 - LRB101 16069 RPS 69346 a
the issuance of an order so finding and discharging the
patient, and the filing of a petition for restoration
demonstrating fitness to practice.
(e) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department shall refuse to
issue or renew or shall revoke or suspend that person's license
or shall take other disciplinary action against that person
based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance with
subdivision (a)(5) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(f) The Department shall refuse to issue or renew or shall
revoke or suspend a person's license or shall take other
disciplinary action against that person for his or her failure
to file a return, to pay the tax, penalty, or interest shown in
a filed return, or to pay any final assessment of tax, penalty,
or interest as required by any tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

10100HB4106ham001 - 37 - LRB101 16069 RPS 69346 a
(225 ILCS 411/25-15)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-15. Injunction; cease Cease and desist order.
(a) If any person or entity violates a provision of this
Act, the Secretary may, in the name of the People of the State
of Illinois, through the Attorney General of the State of
Illinois, petition for an order enjoining such violation or for
an order enforcing compliance with this Act. Upon the filing of
a verified petition in such court, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin such violation. If it is
established that such person or entity has violated or is
violating the injunction, the court may punish the offender for
contempt of court. Proceedings under this Section are in
addition to, and not in lieu of, all other remedies and
penalties provided by this Act. The Secretary may issue an
order to cease and desist to any licensee or other person doing
business without the required license when, in the opinion of
the Secretary, the licensee or other person is violating or is
about to violate any provision of this Act or any rule or
requirement imposed in writing by the Department.
(b) Whenever in the opinion of the Department any person or
entity violates any provision of this Act, the Department may
issue a rule to show cause why an order to cease and desist
should not be entered against them. The rule shall clearly set

10100HB4106ham001 - 38 - LRB101 16069 RPS 69346 a
forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an
answer to the satisfaction of the Department. Failure to answer
to the satisfaction of the Department shall cause an order to
cease and desist to be issued immediately. The Secretary may
issue an order to cease and desist prior to a hearing and such
order shall be in full force and effect until a final
administrative order is entered.
(c) The Secretary shall serve notice of his or her action,
designated as an order to cease and desist made pursuant to
this Section, including a statement of the reasons for the
action, either personally or by certified mail, return receipt
requested. Service by certified mail shall be deemed completed
when the notice is deposited in the United States mail and sent
to the address of record or, in the case of unlicensed
activity, the address known to the Department.
(d) Within 15 days after service of the order to cease and
desist, the licensee or other person may request, in writing, a
hearing.
(e) The Secretary shall schedule a hearing within 30 days
after the request for a hearing unless otherwise agreed to by
the parties.
(f) The Secretary shall have the authority to prescribe
rules for the administration of this Section.
(g) If, after hearing, it is determined that the Secretary
has the authority to issue the order to cease and desist, he or

10100HB4106ham001 - 39 - LRB101 16069 RPS 69346 a
she may issue such orders as may be reasonably necessary to
correct, eliminate, or remedy such conduct.
(h) The powers vested in the Secretary by this Section are
additional to any and all other powers and remedies vested in
the Secretary by law and nothing in this Section shall be
construed as requiring that the Secretary shall employ the
power conferred in this Section instead of or as a condition
precedent to the exercise of any other power or remedy vested
in the Secretary.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-25)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-25. Investigations, notice, hearings.
(a) The Department may investigate the actions of any
applicant or of any person or entity holding or claiming to
hold a license under this Act. The Department may at any time
investigate the actions of any applicant or of any person or
persons rendering or offering to render services as a cemetery
authority, cemetery manager, or customer service employee of or
any person holding or claiming to hold a license as a licensed
cemetery authority, cemetery manager, or customer service
employee. If it appears to the Department that a person has
engaged in, is engaging in, or is about to engage in any
practice declared to be unlawful by this Act, then the
Department may: (1) require that person to file on such terms

10100HB4106ham001 - 40 - LRB101 16069 RPS 69346 a
as the Department prescribes a statement or report in writing,
under oath or otherwise, containing all information the
Department may consider necessary to ascertain whether a
licensee is in compliance with this Act, or whether an
unlicensed person is engaging in activities for which a license
is required; (2) examine under oath any individual in
connection with the books and records pertaining to or having
an impact upon the operation of a cemetery; (3) examine any
books and records of the licensee that the Department may
consider necessary to ascertain compliance with this Act; and
(4) require the production of a copy of any record, book,
document, account, or paper that is produced in accordance with
this Act and retain it in his or her possession until the
completion of all proceedings in connection with which it is
produced.
(b) The Department shall, before disciplining an applicant
or licensee, at least 30 days prior to the date set for the
hearing: (i) notify, in writing, the accused of the charges
made and the time and place for the hearing on the charges,
(ii) direct him or her to file a written answer to the charges
under oath within 20 days after service of the notice, and
(iii) inform the applicant or licensee that failure to file an
answer will result in a default being entered against the
applicant or licensee. The Secretary may, after 10 days notice
by certified mail with return receipt requested to the licensee
at the address of record or to the last known address of any

10100HB4106ham001 - 41 - LRB101 16069 RPS 69346 a
other person stating the contemplated action and in general the
grounds therefor, fine such licensee an amount not exceeding
$10,000 per violation or revoke, suspend, refuse to renew,
place on probation, or reprimand any license issued under this
Act if he or she finds that:
(1) the licensee has failed to comply with any
provision of this Act or any order, decision, finding,
rule, regulation, or direction of the Secretary lawfully
made pursuant to the authority of this Act; or
(2) any fact or condition exists which, if it had
existed at the time of the original application for the
license, clearly would have warranted the Secretary in
refusing to issue the license.
(c) Written or electronic notice, and any notice in the
subsequent proceedings, may be served by personal delivery, by
email, or by mail to the applicant or licensee at his or her
address of record or email address of record. The Secretary may
fine, revoke, suspend, refuse to renew, place on probation,
reprimand, or take any other disciplinary action as to the
particular license with respect to which grounds for the fine,
revocation, suspension, refuse to renew, probation, or
reprimand, or other disciplinary action occur or exist, but if
the Secretary finds that grounds for revocation are of general
application to all offices or to more than one office of the
licensee, the Secretary shall fine, revoke, suspend, refuse to
renew, place on probation, reprimand, or otherwise discipline

10100HB4106ham001 - 42 - LRB101 16069 RPS 69346 a
every license to which such grounds apply.
(d) At the time and place fixed in the notice, the hearing
officer appointed by the Secretary shall proceed to hear the
charges and the parties or their counsel shall be accorded
ample opportunity to present any statement, testimony,
evidence, and argument as may be pertinent to the charges or to
their defense. The hearing officer may continue the hearing
from time to time. In every case in which a license is revoked,
suspended, placed on probation, reprimanded, or otherwise
disciplined, the Secretary shall serve the licensee with notice
of his or her action, including a statement of the reasons for
his or her actions, either personally or by certified mail,
return receipt requested. Service by certified mail shall be
deemed completed when the notice is deposited in the United
States mail and sent to the address of record.
(e) In case the licensee or applicant, after receiving the
notice, fails to file an answer, his or her license may, in the
discretion of the Secretary, be suspended, revoked, or placed
on probationary status, or be subject to whatever disciplinary
action the Secretary considers proper, including limiting the
scope, nature, or extent of the person's practice or imposition
of a fine, without hearing, if the act or acts charges
constitute sufficient grounds for the action under this Act. An
order assessing a fine, an order revoking, suspending, placing
on probation, or reprimanding a license or, an order denying
renewal of a license shall take effect upon service of the

10100HB4106ham001 - 43 - LRB101 16069 RPS 69346 a
order unless the licensee requests, in writing, within 20 days
after the date of service, a hearing. In the event a hearing is
requested, an order issued under this Section shall be stayed
until a final administrative order is entered.
(f) If the licensee requests a hearing, then the Secretary
shall schedule a hearing within 30 days after the request for a
hearing unless otherwise agreed to by the parties. The
Secretary shall have the authority to appoint an attorney duly
licensed to practice law in the State of Illinois to serve as
the hearing officer in any disciplinary action with regard to a
license. The hearing officer shall have full authority to
conduct the hearing.
(g) The hearing shall be held at the time and place
designated by the Secretary.
(h) The Secretary shall have the authority to prescribe
rules for the administration of this Section.
(i) Fines imposed and any costs assessed shall be paid
within 60 days.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/25-26 new)
Sec. 25-26. Hearing officer. Notwithstanding any provision
of this Act, the Secretary has the authority to appoint an
attorney duly licensed to practice law in the State of Illinois
to serve as the hearing officer in any action for refusal to
issue or renew a license or discipline a license. The hearing

10100HB4106ham001 - 44 - LRB101 16069 RPS 69346 a
officer shall have full authority to conduct the hearing. The
hearing officer shall report his or her findings of fact,
conclusions of law, and recommendations to the Board and the
Secretary.
(225 ILCS 411/25-30)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-30. Hearing; motion for rehearing Consent order.
(a) The hearing officer appointed by the Secretary shall
hear evidence in support of the formal charges and evidence
produced by the licensee. At the conclusion of the hearing, the
hearing officer shall present to the Board and the Secretary a
written report of his or her findings of fact, conclusions of
law, and recommendations. The Board shall review the report of
the hearing officer and record and issue its own report
adopting, rejecting, or modifying the hearing officer's
finding of fact, conclusion of law, and recommendations. If the
Board fails to present its report, the applicant or licensee
may request in writing a direct appeal to the Secretary, in
which case the Secretary may issue an order based upon the
report of the hearing officer and the record of the proceedings
or issue an order remanding the matter back to the hearing
officer for additional proceedings in accordance with the
order.
(b) After the Board has issued its report, a copy of the
Board's report and the hearing officer's report shall be served

10100HB4106ham001 - 45 - LRB101 16069 RPS 69346 a
upon the applicant or licensee, either personally or as
provided in this Act for the service of the notice of hearing.
Within 20 calendar days after such service, the applicant or
licensee may present to the Department a motion, in writing,
for a rehearing which shall specify the particular grounds for
rehearing. The Department may respond to the motion for
rehearing within 20 calendar days after its service on the
Department. If no motion for rehearing is filed, then upon the
expiration of the time specified for filing such a motion, or
upon denial of a motion for rehearing, the Secretary may enter
an order in accordance with the recommendations of the Board or
hearing officer. If the applicant or licensee orders from the
reporting service and pays for a transcript of the record
within the time for filing a motion for rehearing, the 20
calendar day period within which a motion may be filed shall
commence upon delivery of the transcript to the applicant or
licensee.
(c) If the Secretary disagrees in any regard with the
report of Board, the Secretary may issue an order contrary to
the report.
(d) Whenever the Secretary is not satisfied that
substantial justice has been done, the Secretary may order a
hearing by the same or another hearing officer.
(e) At any point in any investigation or disciplinary
proceeding provided for in this Act, both parties may agree to
a negotiated consent order. The consent order shall be final

10100HB4106ham001 - 46 - LRB101 16069 RPS 69346 a
upon signature of the Secretary.
At any point in any investigation or disciplinary proceeding
provided for in this Act, both parties may agree to a
negotiated consent order. The consent order shall be final upon
signature of the Secretary.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-35)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-35. Record of proceedings; transcript.
(a) The Department, at its expense, shall provide a
certified shorthand reporter to take down the testimony and
preserve a record of all proceedings at the hearing of any case
in which a licensee may be revoked, suspended, placed on
probationary status, reprimanded, fined, or subjected to other
disciplinary action with reference to the license when a
disciplinary action is authorized under this Act and rules. The
notice of hearing, complaint, and all other documents in the
nature of pleadings and written portions filed in the
proceedings, the transcript of the testimony, the report of the
hearing officer, and the orders of the Department shall be the
record of the proceedings. The record may be made available to
any person interested in the hearing upon payment of the fee
required by Section 2105-115 of the Department of Professional
Regulation Law shall preserve a record of all proceedings at
the formal hearing of any case. Any notice, all documents in

10100HB4106ham001 - 47 - LRB101 16069 RPS 69346 a
the nature of pleadings, written motions filed in the
proceedings, the transcripts of testimony, and orders of the
Department shall be in the record of the proceeding.
(b) The Department may contract for court reporting
services, and, in the event it does so, the Department shall
provide the name and contact information for the certified
shorthand reporter who transcribed the testimony at a hearing
to any person interested, who may obtain a copy of the
transcript of any proceedings at a hearing upon payment of the
fee specified by the certified shorthand reporter.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-90)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-90. Restoration of license from discipline.
(a) At any time after the successful completion of a term
of indefinite probation, suspension, or revocation of a license
under this Act, the Department may restore the license to the
licensee, unless after an investigation and a hearing the
Secretary determines that restoration is not in the public
interest.
(b) Where circumstances of suspension or revocation so
indicate, the Department may require an examination of the
licensee prior to restoring his or her license.
(c) No person whose license has been revoked as authorized
in this Act may apply for restoration of that license until

10100HB4106ham001 - 48 - LRB101 16069 RPS 69346 a
such time as provided for in the Civil Administrative Code of
Illinois.
(d) A license that has been suspended or revoked shall be
considered non-renewed for purposes of restoration and a
licensee restoring his or her license from suspension or
revocation must comply with the requirements for restoration as
set forth in Section 10-40.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-95)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-95. Administrative review; venue.
(a) All final administrative decisions of the Department
are subject to judicial review under the Administrative Review
Law and its rules. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides, but if the party is not a resident of Illinois,
the venue shall be in Sangamon County.
(c) The Department shall not be required to certify any
record to the court or file any answer in court, or to
otherwise appear in any court in a judicial review proceeding,
unless and until the Department has received from the plaintiff
payment of the costs of furnishing and certifying the record,
which costs shall be determined by the Department.

10100HB4106ham001 - 49 - LRB101 16069 RPS 69346 a
(d) Failure on the part of the plaintiff to file a receipt
in court shall be grounds for dismissal of the action.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-105)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-105. Unlicensed practice; violations; civil
penalty Violations.
(a) Any person who practices, offers to practice, attempts
to practice, or hold himself or herself out as being able to
engage in cemetery operations without being licensed or exempt
under this Act shall, in addition to any other penalty provided
by law, pay a civil penalty to the Department in an amount not
to exceed $10,000 for each offense, as determined by the
Department. The civil penalty shall be assessed by the
Department after a hearing is held in accordance with the
provision set forth in this Act regarding the provision of a
hearing for the discipline of a licensee.
(b) The Department may investigate any actual, alleged, or
suspected unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(d) A person or entity not registered under this Act who

10100HB4106ham001 - 50 - LRB101 16069 RPS 69346 a
has violated any provision of this Act or its rules is guilty
of a Class A misdemeanor for the first offense and a Class 4
felony for a second and subsequent offenses.
Each of the following acts is a Class A misdemeanor for the
first offense and a Class 4 felony for each subsequent offense:
(1) the practice of or attempted practice of or holding
out as available to practice as a cemetery authority,
cemetery manager, or customer service employee without a
license; or
(2) the obtaining of or the attempt to obtain any
license or authorization under this Act by fraud or
misrepresentation.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/25-115)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-115. Illinois Administrative Procedure Act;
application. The Illinois Administrative Procedure Act is
expressly adopted and incorporated in this Act as if all of the
provisions of that Act were included in this Act, except that
the provision of paragraph (d) of Section 10-65 of the Illinois
Administrative Procedure Act, which provides that at hearings
the licensee has the right to show compliance with all lawful
requirements for retention or continuation or renewal of the
license, is specifically excluded. The Department shall not be
required to annually verify email addresses as specified in

10100HB4106ham001 - 51 - LRB101 16069 RPS 69346 a
paragraph (a) of subsection (2) of Section 10-75 of the
Illinois Administrative Procedure Act. For the purpose of this
Act, the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is considered sufficient when
mailed to the address of record.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-125)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-125. Board Cemetery Oversight Board.
(a) The Secretary shall appoint the Cemetery Oversight
Board. The Board shall consist of 7 members who shall serve in
an advisory capacity to the Secretary. Four The Cemetery
Oversight Board is created and shall consist of the Secretary,
who shall serve as its chairperson, and 8 members appointed by
the Secretary. Appointments shall be made within 90 days after
the effective date of this Act. Three members shall represent
the segment of the cemetery industry that does not maintain a
partial exemption or full exemption, one member shall represent
the segment of the cemetery industry that maintains a partial
exemption as a public cemetery, and one member shall represent
the segment of the cemetery industry that maintains a partial
exemption as a religious cemetery, 2 members shall be consumers
as defined in this Act, and one member shall represent the
general public. In addition to the 6 members from the cemetery
industry, there shall be one public member. The public member

10100HB4106ham001 - 52 - LRB101 16069 RPS 69346 a
shall be a voting member, not licensed under this Act, and
shall not have any affiliation with the death care industry. No
member shall be a licensed professional from a non-cemetery
segment of the death care industry. Board members shall serve
5-year terms and until their successors are appointed and
qualified. The membership of the Board should reasonably
reflect representation from the geographic areas in this State.
No member shall be reappointed to the Board for a term that
would cause his or her continuous service on the Board to be
longer than 10 successive years. Appointments to fill vacancies
shall be made in the same manner as original appointments, for
the unexpired portion of the vacated term. Five members of the
Board shall constitute a quorum. A quorum is required for Board
decisions. The Secretary may remove any member of the Board for
misconduct, incompetence, neglect of duty, or for reasons
prescribed by law for removal of State officials. The Secretary
may remove a member of the Board who does not attend 2
consecutive meetings. The Department may, at any time, seek the
expert advice and knowledge of the Board on any matter relating
to the administration or enforcement of this Act. The Secretary
shall consider the recommendations of the Board in the
development of proposed rules under this Act and in the
approval of entities seeking to offer certification programs to
cemetery manager applicants and customer service employee
applicants. Notice of any proposed rulemaking under this Act
and applications submitted by entities seeking to offer

10100HB4106ham001 - 53 - LRB101 16069 RPS 69346 a
certification programs shall be transmitted to the Board and
the Department shall review the response of the Board and any
recommendations made therein.
(b) Board members shall serve 5-year terms and serve until
their successors are appointed and qualified.
(c) In appointing members to the Board, the Secretary shall
give due consideration to recommendations by members and
organizations of the cemetery industry.
(d) The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
(e) No member shall be appointed to the Board for a term
that would cause his or her continuous service on the Board to
be longer than 2 consecutive 5-year terms.
(f) The Secretary may terminate the appointment of any
member for cause which, in the opinion of the Secretary,
reasonably justified such termination, including, but not
limited to, failure to attend 2 consecutive meetings.
(g) Appointments to fill vacancies shall be made in the
same manner as original appointments, for the unexpired portion
of the vacated term.
(h) Four members of the Board shall constitute a quorum. A
quorum is required for Board decisions.
(i) Notice of proposed rulemaking shall be transmitted to
the Board and the Department shall review the response of the
Board and any recommendations made therein.
(j) Members of the Board shall have no liability in any

10100HB4106ham001 - 54 - LRB101 16069 RPS 69346 a
action based upon activity performed in good faith as members
of the Board.
(k) Members of the Board may be reimbursed for all
legitimate, necessary, and authorized expenses.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/25-126 new)
Sec. 25-126. Powers and duties of the Board. Subject to the
provisions of this Act, the Board shall exercise the following
functions, powers, and duties:
(1) The Board shall hold at least 3 regular meetings
each year.
(2) The Board shall annually elect a Chairperson and a
Vice Chairperson who shall be licensed under this Act.
(3) The Board, upon request by the Department, may make
an evaluation to determine if certification programs to
cemetery manager applicants and customer service employee
applicants conform to the requirements as set forth in the
rules.
(4) The Department may, at any time, seek the expert
advice and knowledge of the Board on any matter relating to
the enforcement of this Act.
(5) The Board shall assist the Department in conducting
oral interviews, disciplinary conferences, informal
conferences, and formal evidentiary hearings.

10100HB4106ham001 - 55 - LRB101 16069 RPS 69346 a
(225 ILCS 411/35-5)
(Section scheduled to be repealed on January 1, 2021)
Sec. 35-5. Penalties. Cemetery authorities shall respect
the rights of consumers of cemetery products and services as
put forth in this Article. Failure to abide by the cemetery
duties listed in this Article or to comply with a request by a
consumer based on a consumer's privileges under this Article
may activate the mediation, citation, or disciplinary
processes in Article 25 of this Act.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/10-39 rep.)
(225 ILCS 411/25-1 rep.)
(225 ILCS 411/25-50 rep.)
(225 ILCS 411/25-55 rep.)
(225 ILCS 411/25-60 rep.)
(225 ILCS 411/25-100 rep.)
(225 ILCS 411/25-110 rep.)
(225 ILCS 411/25-120 rep.)
(225 ILCS 411/75-20 rep.)
(225 ILCS 411/75-35 rep.)
Section 20. The Cemetery Oversight Act is amended by
repealing Sections 10-39, 25-1, 25-50, 25-55, 25-60, 25-100,
25-110, 25-120, 75-20, and 75-35.
Section 99. Effective date. This Act takes effect upon

10100HB4106ham001 - 56 - LRB101 16069 RPS 69346 a
becoming law.".