Bill Text: IL SB0669 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Abused and Neglected Long Term Care Facility Residents Reporting Act. Makes a technical change in a Section concerning the short title.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Failed) 2013-01-08 - Session Sine Die [SB0669 Detail]
Download: Illinois-2011-SB0669-Amended.html
Bill Title: Amends the Abused and Neglected Long Term Care Facility Residents Reporting Act. Makes a technical change in a Section concerning the short title.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Failed) 2013-01-08 - Session Sine Die [SB0669 Detail]
Download: Illinois-2011-SB0669-Amended.html
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1 | AMENDMENT TO SENATE BILL 669
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2 | AMENDMENT NO. ______. Amend Senate Bill 669 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Human Skeletal Remains Protection Act is | ||||||
5 | amended by changing Section 1 as follows:
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6 | (20 ILCS 3440/1) (from Ch. 127, par. 2661)
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7 | Sec. 1. Definitions. For the purposes of this Act:
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8 | (a) "Human skeletal remains" include the bones and | ||||||
9 | decomposed fleshy
parts of a deceased human body.
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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 registered with or licensed by | ||||||
13 | the State Comptroller under the Cemetery Care Act or under the | ||||||
14 | authority of the Illinois Department of Financial and | ||||||
15 | Professional Regulation pursuant to the Cemetery Oversight | ||||||
16 | Act , whichever is applicable .
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1 | (c) "Grave artifacts" are any item of human manufacture or | ||||||
2 | use that is
associated with the human skeletal remains in an | ||||||
3 | unregistered grave.
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4 | (d) "Grave markers" are any tomb, monument, stone, | ||||||
5 | ornament, mound, or
other item of human manufacture that is | ||||||
6 | associated with an unregistered grave.
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7 | (e) "Person" means any natural individual, firm, trust, | ||||||
8 | estate,
partnership, association, joint stock company, joint | ||||||
9 | venture, corporation
or a receiver, trustee, guardian or other | ||||||
10 | representatives appointed by
order of any court, the Federal | ||||||
11 | and State governments, including State
Universities created by | ||||||
12 | statute or any city, town, county or other political
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13 | subdivision of this State.
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14 | (f) "Disturb" includes excavating, removing, exposing, | ||||||
15 | defacing,
mutilating, destroying, molesting, or desecrating in | ||||||
16 | any
way human skeletal remains, unregistered graves, and grave | ||||||
17 | markers.
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18 | (Source: P.A. 96-863, eff. 3-1-10.)
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19 | Section 10. The Missing Persons Identification Act is | ||||||
20 | amended by adding Section 25 as follows:
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21 | (50 ILCS 722/25 new) | ||||||
22 | Sec. 25. Unidentified persons. The coroner or medical | ||||||
23 | examiner shall obtain a DNA sample from any individual's | ||||||
24 | remains that are unclaimed or from any individual whose remains |
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1 | are not identifiable. The DNA sample shall be forwarded to the | ||||||
2 | Department of State Police for inclusion in the State and | ||||||
3 | National DNA Databases. | ||||||
4 | Prior to the burial or interment of any unknown | ||||||
5 | individual's remains or any unknown individual's body part, the | ||||||
6 | medical examiner or coroner in possession of the remains or | ||||||
7 | body part must assign a DNA log number to the unknown | ||||||
8 | individual or body part. The medical examiner or coroner shall | ||||||
9 | place a tag that is stamped or inscribed with the DNA log | ||||||
10 | number on the individual or body part. The DNA log number shall | ||||||
11 | be stamped on the unidentified individual's toe tag, if | ||||||
12 | possible.
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13 | Section 15. The Counties Code is amended by changing | ||||||
14 | Section 3-3034 as follows:
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15 | (55 ILCS 5/3-3034) (from Ch. 34, par. 3-3034)
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16 | Sec. 3-3034. Disposition of body. After the inquest the | ||||||
17 | coroner
may deliver the body or human remains of the deceased | ||||||
18 | to the family of the deceased or, if there are no family | ||||||
19 | members to accept the body or the remains, then to friends of | ||||||
20 | the deceased, if there be any, but
if not, the coroner shall | ||||||
21 | cause the body or the remains to be decently buried, cremated, | ||||||
22 | or donated for medical science purposes, the expenses to be | ||||||
23 | paid
from the property of the deceased, if there is sufficient, | ||||||
24 | if not, by the
county. The coroner may not approve the |
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1 | cremation or donation of the body if it is necessary to | ||||||
2 | preserve the body for law enforcement purposes. If the State | ||||||
3 | Treasurer, pursuant to the Uniform Disposition of Unclaimed | ||||||
4 | Property Act, delivers human remains to the coroner, the | ||||||
5 | coroner shall cause the human remains to be disposed of as | ||||||
6 | provided in this Section.
If the police department of any | ||||||
7 | municipality or county investigates abandoned cremated | ||||||
8 | remains, determines that they are human remains, and cannot | ||||||
9 | locate the owner of the remains, then the police shall deliver | ||||||
10 | the remains to the coroner, and the coroner shall cause the | ||||||
11 | remains to be disposed of as provided in this Section.
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12 | (Source: P.A. 96-1339, eff. 7-27-10.)
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13 | Section 25. The Cemetery Oversight Act is amended by | ||||||
14 | changing Sections 5-15, 5-20, 5-25, 10-5, 10-10, 10-15, 10-20, | ||||||
15 | 10-21, 10-23, 10-25, 10-45, 10-50, 10-55, 20-5, 20-6, 25-10, | ||||||
16 | 25-70, 25-105, 25-125, 75-50, and 75-55 and by adding Sections | ||||||
17 | 10-39, 20-35, 20-40, 20-45, 25-14.5, and 25-77 as follows:
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18 | (225 ILCS 411/5-15) | ||||||
19 | (Section scheduled to be repealed on January 1, 2021)
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20 | Sec. 5-15. Definitions. In this Act: | ||||||
21 | "Address of record" means the designated address recorded | ||||||
22 | by the Department in the applicant's or licensee's application | ||||||
23 | file or license file. It is the duty of the applicant or | ||||||
24 | licensee to inform the Department of any change of address |
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1 | within 14 days either through the Department's website or by | ||||||
2 | contacting the Department's licensure maintenance unit. The | ||||||
3 | address of record for a cemetery authority shall be the | ||||||
4 | permanent street address of the cemetery. | ||||||
5 | "Applicant" means a person applying for licensure under | ||||||
6 | this Act as a cemetery authority, cemetery manager, or customer | ||||||
7 | service employee. Any applicant or any person who holds himself | ||||||
8 | or herself out as an applicant is considered a licensee for | ||||||
9 | purposes of enforcement, investigation, hearings, and the | ||||||
10 | Illinois Administrative Procedure Act. | ||||||
11 | "Burial permit" means a permit for the disposition of a | ||||||
12 | dead human body that is filed with the Illinois Department of | ||||||
13 | Public Health. | ||||||
14 | "Care" means the maintenance of a cemetery and of the lots, | ||||||
15 | graves, crypts, niches, family mausoleums, memorials, and | ||||||
16 | markers therein, including: (i) the cutting and trimming of | ||||||
17 | lawn, shrubs, and trees at reasonable intervals; (ii) keeping | ||||||
18 | in repair the drains, water lines, roads, buildings, fences, | ||||||
19 | and other structures, in keeping with a well-maintained | ||||||
20 | cemetery as provided for in Section 20-5 of this Act and | ||||||
21 | otherwise as required by rule; (iii) maintenance of machinery, | ||||||
22 | tools, and equipment for such care; (iv) compensation of | ||||||
23 | cemetery workers, any discretionary payment of insurance | ||||||
24 | premiums, and any reasonable payments for workers' pension and | ||||||
25 | other benefits plans; and (v) the payment of expenses necessary | ||||||
26 | for such purposes and for maintaining necessary records of lot |
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1 | ownership, transfers, and burials. | ||||||
2 | "Care funds", as distinguished from receipts from annual | ||||||
3 | charges or gifts for current or annual care, means any realty | ||||||
4 | or personalty impressed with a trust by the terms of any gift, | ||||||
5 | grant, contribution, payment, legacy, or pursuant to contract, | ||||||
6 | accepted by any cemetery authority or by any trustee, licensee, | ||||||
7 | agent, or custodian for the same, under Article 15 of this Act, | ||||||
8 | and any income accumulated therefrom, where legally so directed | ||||||
9 | by the terms of the transaction by which the principal was | ||||||
10 | established. | ||||||
11 | "Cemetery" means any land or structure in this State | ||||||
12 | dedicated to and used, or intended to be used, for the | ||||||
13 | interment, inurnment, or entombment of human remains. | ||||||
14 | "Cemetery association" means an association of 6 or more | ||||||
15 | persons, and their successors in trust, who have received | ||||||
16 | articles of organization from the Secretary of State to operate | ||||||
17 | a cemetery; the articles of organization shall be in perpetuity | ||||||
18 | and in trust for the use and benefit of all persons who may | ||||||
19 | acquire burial lots in a cemetery. | ||||||
20 | "Cemetery authority" means any individual or legal entity | ||||||
21 | that owns or controls cemetery lands or property. | ||||||
22 | "Cemetery manager" means an individual who is engaged in, | ||||||
23 | or responsible for, or holding himself or herself out as | ||||||
24 | engaged in, those activities involved in or incidental to | ||||||
25 | supervising the following: the maintenance, operation, | ||||||
26 | development, or improvement of a cemetery licensed under this |
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1 | Act; the interment of human remains; or the care, preservation, | ||||||
2 | and embellishment of cemetery property. This definition | ||||||
3 | includes, without limitation, an employee, an individual that | ||||||
4 | is an independent contractor, an individual employed or | ||||||
5 | contracted by an independent contractor, a third-party vendor, | ||||||
6 | or an individual employed or contracted by a third-party vendor | ||||||
7 | who is engaged in, or holding himself or herself out as engaged | ||||||
8 | in, those activities involved in or incidental to supervising | ||||||
9 | the following: the maintenance, operation, development, or | ||||||
10 | improvement of a cemetery licensed under this Act; the | ||||||
11 | interment of human remains; or the care, preservation, and | ||||||
12 | embellishment of cemetery property. This definition does not | ||||||
13 | include a volunteer worker who receives no compensation, either | ||||||
14 | directly or indirectly, for his or her work as a cemetery | ||||||
15 | manager. | ||||||
16 | "Cemetery operation" means to engage or attempt to engage | ||||||
17 | in the interment, inurnment, or entombment of human remains or | ||||||
18 | to engage in or attempt to engage in the care of a cemetery. | ||||||
19 | "Cemetery Oversight Database" means a database certified | ||||||
20 | by the Department as effective in tracking the interment, | ||||||
21 | entombment, or inurnment of human remains.
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22 | "Cemetery worker" means an individual, including an | ||||||
23 | independent contractor or third-party vendor, who performs any | ||||||
24 | work at the cemetery that is customarily performed by one or | ||||||
25 | more cemetery employees, including openings and closings of | ||||||
26 | vaults and graves, stone settings, inurnments, interments, |
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1 | entombments, administrative work, handling of any official | ||||||
2 | burial records, the preparation of foundations for memorials, | ||||||
3 | and routine cemetery maintenance. This definition does not | ||||||
4 | include (i) a uncompensated, volunteer worker who receives no | ||||||
5 | compensation, either directly or indirectly, for his or her | ||||||
6 | work or (ii) an individual performing work at the cemetery | ||||||
7 | pursuant to a contract to which the cemetery authority is not a | ||||||
8 | party workers . | ||||||
9 | "Certificate of organization" means the document received | ||||||
10 | by a cemetery association from the Secretary of State that | ||||||
11 | indicates that the cemetery association shall be deemed fully | ||||||
12 | organized as a body corporate under the name adopted and in its | ||||||
13 | corporate name may sue and be sued. | ||||||
14 | "Comptroller" means the Comptroller of the State of | ||||||
15 | Illinois. | ||||||
16 | "Consumer" means a person, or the persons given priority | ||||||
17 | for the disposition of an individual's remains under the | ||||||
18 | Disposition of Remains Act, who purchases or is considering | ||||||
19 | purchasing cemetery, burial, or cremation products or services | ||||||
20 | from a cemetery authority or crematory authority, whether for | ||||||
21 | themselves or for another person. | ||||||
22 | "Customer service employee" means an individual who has | ||||||
23 | direct contact with consumers and explains cemetery | ||||||
24 | merchandise or services or negotiates, develops, or finalizes | ||||||
25 | contracts with consumers. This definition includes, without | ||||||
26 | limitation, an employee, an individual that is an independent |
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1 | contractor, an individual that is employed or contracted by an | ||||||
2 | independent contractor, a third-party vendor, or an individual | ||||||
3 | that is employed or contracted by a third-party vendor, 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 does not include an | ||||||
7 | employee, an individual that is an independent contractor or an | ||||||
8 | individual that is employed or contracted by an independent | ||||||
9 | contractor, a third party vendor, or an individual that is | ||||||
10 | employed or contracted by a third party vendor, who merely | ||||||
11 | provides a printed cemetery list to a consumer, processes | ||||||
12 | payment from a consumer, or performs sales functions related | ||||||
13 | solely to incidental merchandise like flowers, souvenirs, or | ||||||
14 | other similar items. This definition does not include a | ||||||
15 | volunteer who receives no compensation, either directly or | ||||||
16 | indirectly, for his or her work as a customer service employee. | ||||||
17 | "Department" means the Department of Financial and | ||||||
18 | Professional Regulation. | ||||||
19 | "Employee" means an individual who works for a cemetery | ||||||
20 | authority where the cemetery authority has the right to control | ||||||
21 | what work is performed and the details of how the work is | ||||||
22 | performed regardless of whether federal or State payroll taxes | ||||||
23 | are withheld. | ||||||
24 | "Entombment right" means the right to place individual | ||||||
25 | human remains or individual cremated human remains in a | ||||||
26 | specific mausoleum crypt or lawn crypt selected by a consumer |
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1 | for use as a final resting place. | ||||||
2 | "Family burying ground" means a cemetery in which no lots , | ||||||
3 | crypts, or niches are sold to the public and in which | ||||||
4 | interments , inurnments, and entombments are restricted to the | ||||||
5 | immediate family or a group of individuals related to each | ||||||
6 | other by blood or marriage. | ||||||
7 | "Full exemption" means an exemption granted to a cemetery | ||||||
8 | authority pursuant to subsection (a) of Section 5-20. | ||||||
9 | "Funeral director" means a funeral director as defined by | ||||||
10 | the Funeral Directors and Embalmers Licensing Code. | ||||||
11 | "Grave" means a space of ground in a cemetery used or | ||||||
12 | intended to be used for burial. | ||||||
13 | "Green burial or cremation disposition" means burial or | ||||||
14 | cremation practices that reduce the greenhouse gas emissions, | ||||||
15 | waste, and toxic chemicals ordinarily created in burial or | ||||||
16 | cremation or, in the case of greenhouse gas emissions, mitigate | ||||||
17 | or offset emissions. Such practices include any standards or | ||||||
18 | method for burial or cremation certified by the Green Burial | ||||||
19 | Council or any other organization or method that the Department | ||||||
20 | may name by rule. | ||||||
21 | "Immediate family" means the designated agent of a person | ||||||
22 | or the persons given priority for the disposition of a person's | ||||||
23 | remains under the Disposition of Remains Act and shall include | ||||||
24 | a person's spouse, parents, grandparents, children, | ||||||
25 | grandchildren and siblings. | ||||||
26 | "Imputed value" means the retail price of comparable rights |
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1 | within the same or similar area of the cemetery. | ||||||
2 | "Independent contractor" means a person who performs work | ||||||
3 | for a cemetery authority where the cemetery authority has the | ||||||
4 | right to control or direct only the result of the work and not | ||||||
5 | the means and methods of accomplishing the result. | ||||||
6 | "Individual" means a natural person. | ||||||
7 | "Interment right" means the right to place individual human | ||||||
8 | remains or cremated human remains in a specific underground | ||||||
9 | location selected by a consumer for use as a final resting | ||||||
10 | place. | ||||||
11 | "Inurnment right" means the right to place individual | ||||||
12 | cremated human remains in a specific niche selected by the | ||||||
13 | consumer for use as a final resting place. | ||||||
14 | "Investment Company Act of 1940" means Title 15 of the | ||||||
15 | United States Code, Sections 80a-1 to 80a-64, inclusive, as | ||||||
16 | amended. | ||||||
17 | "Investment company" means any issuer (a) whose securities | ||||||
18 | are purchasable only with care funds or trust funds, or both; | ||||||
19 | (b) that is an open and diversified management company as | ||||||
20 | defined in and registered under the Investment Company Act of | ||||||
21 | 1940; and (c) that has entered into an agreement with the | ||||||
22 | Department containing such provisions as the Department by | ||||||
23 | regulation requires for the proper administration of this Act. | ||||||
24 | "Lawn crypt" means a permanent underground crypt installed | ||||||
25 | in multiple units for the entombment interment of human | ||||||
26 | remains. |
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1 | "Licensee" means a person licensed under this Act as a | ||||||
2 | cemetery authority, cemetery manager, or customer service | ||||||
3 | employee. Anyone who holds himself or herself out as a licensee | ||||||
4 | or who is accused of unlicensed practice is considered a | ||||||
5 | licensee for purposes of enforcement, investigation, hearings, | ||||||
6 | and the Illinois Administrative Procedure Act. This definition | ||||||
7 | does not include a cemetery worker. | ||||||
8 | "Mausoleum crypt" means a grouping of spaces constructed of | ||||||
9 | reinforced concrete of similar material constructed or | ||||||
10 | assembled above the ground for entombing human remains space in | ||||||
11 | a mausoleum used or intended to be used, above or underground, | ||||||
12 | to entomb human remains . | ||||||
13 | "Niche" means a space in a columbarium or mausoleum used, | ||||||
14 | or intended to be used, for inurnment of cremated human | ||||||
15 | remains. | ||||||
16 | "Partial exemption" means an exemption granted to a | ||||||
17 | cemetery authority pursuant to subsection (b) of Section 5-20. | ||||||
18 | "Parcel identification number" means a unique number | ||||||
19 | assigned by the Cemetery Oversight Database to a grave, plot, | ||||||
20 | crypt, or niche that enables the Department to ascertain the | ||||||
21 | precise location of a decedent's remains interred, entombed, or | ||||||
22 | inurned after the effective date of this Act. | ||||||
23 | "Person" means any individual, firm, partnership, | ||||||
24 | association, corporation, limited liability company, trustee, | ||||||
25 | government or political subdivision, or other entity. | ||||||
26 | "Public cemetery" means a cemetery owned, operated, |
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1 | controlled, or managed by the federal government, by any state, | ||||||
2 | county, city, village, incorporated town, township, | ||||||
3 | multi-township, public cemetery district, or other municipal | ||||||
4 | corporation, political subdivision, or instrumentality thereof | ||||||
5 | authorized by law to own, operate, or manage a cemetery. | ||||||
6 | "Religious burying ground" means a cemetery in which no | ||||||
7 | lots, crypts, or niches are sold and in which interments, | ||||||
8 | inurnments, and entombments are restricted to a group of | ||||||
9 | individuals all belonging to a religious order or granted | ||||||
10 | burial rights by special consideration of the religious order. | ||||||
11 | "Religious cemetery" means a cemetery owned, operated, | ||||||
12 | controlled, or managed by any recognized church, religious | ||||||
13 | society, association, or denomination, or by any cemetery | ||||||
14 | authority or any corporation administering, or through which is | ||||||
15 | administered, the temporalities of any recognized church, | ||||||
16 | religious society, association, or denomination. | ||||||
17 | "Secretary" means the Secretary of Financial and | ||||||
18 | Professional Regulation. | ||||||
19 | "Term burial" means a right of interment sold to a consumer | ||||||
20 | in which the cemetery authority retains the right to disinter | ||||||
21 | and relocate the remains, subject to the provisions of | ||||||
22 | subsection (d) of Section 35-15 of this Act. | ||||||
23 | "Trustee" means any person authorized to hold funds under | ||||||
24 | this Act. | ||||||
25 | "Unique personal identifier" means the parcel | ||||||
26 | identification number in addition to the term of burial in |
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1 | years; the numbered level or depth in the grave, plot, crypt, | ||||||
2 | or niche; and the year of death for human remains interred, | ||||||
3 | entombed, or inurned after the effective date of this Act. The | ||||||
4 | unique personal identifier is assigned by the Cemetery | ||||||
5 | Oversight Database.
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6 | (Source: P.A. 96-863, eff. 3-1-10.)
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7 | (225 ILCS 411/5-20) | ||||||
8 | (Section scheduled to be repealed on January 1, 2021)
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9 | Sec. 5-20. Exemptions.
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10 | (a) Full exemption. Except as provided in this subsection, | ||||||
11 | Notwithstanding any provision of law to the contrary, this Act | ||||||
12 | does not apply to (1) any cemetery authority operating as a | ||||||
13 | family burying ground or religious burying ground , (2) any | ||||||
14 | cemetery authority that has not engaged in an interment, | ||||||
15 | inurnment, or entombment of human remains within the last 10 | ||||||
16 | years and does not accept or maintain care funds , or (3) any | ||||||
17 | cemetery authority that is less than 3 acres 2 acres and does | ||||||
18 | not accept or maintain care funds . For purposes of determining | ||||||
19 | the applicability of this subsection, the number of interments, | ||||||
20 | inurnments, and entombments shall be aggregated for each | ||||||
21 | calendar year. A cemetery authority claiming a full exemption | ||||||
22 | shall apply for exempt status as provided for in Section 10-20 | ||||||
23 | Article 10 of this Act. A cemetery authority claiming a full | ||||||
24 | exemption shall be subject to Sections 10-40, 10-55, and 10-60 | ||||||
25 | of this Act. A cemetery authority that performs activities that |
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1 | would disqualify it from a full exemption is required to apply | ||||||
2 | for licensure within one year following the date on which its | ||||||
3 | activities would disqualify it for a full exemption. A cemetery | ||||||
4 | authority that previously qualified for and maintained a full | ||||||
5 | exemption that fails to timely apply for licensure shall be | ||||||
6 | deemed to have engaged in unlicensed practice and shall be | ||||||
7 | subject to discipline in accordance with Article 25 of this | ||||||
8 | Act. | ||||||
9 | (b) Partial exemption. If a cemetery authority does not | ||||||
10 | qualify for a full exemption and (1) engages in 25 or fewer | ||||||
11 | interments, inurnments, or entombments of human remains for | ||||||
12 | each of the preceding 2 calendar years, (2) operates as a | ||||||
13 | public cemetery, or (3) operates as a religious cemetery, then | ||||||
14 | the cemetery authority is partially exempt from this Act but | ||||||
15 | shall be required to comply with Sections 10-23, 10-40, 10-55, | ||||||
16 | 10-60, subsections (a), (b), (b-5), (c), (d), and (h) of | ||||||
17 | Section 20-5, Sections 20-6, 20-10, 20-11, 20-12, 20-30, 20-35, | ||||||
18 | 20-40, 20-45, 25-3, and 25-120, and Article 35 of this Act. | ||||||
19 | Notwithstanding any provision of law to the contrary, a | ||||||
20 | cemetery authority that does not qualify for a full exemption | ||||||
21 | that is operating as a cemetery authority (i) that engages in | ||||||
22 | 25 or fewer interments, inurnments, or entombments of human | ||||||
23 | remains for each of the preceding 2 calendar years and does not | ||||||
24 | accept or maintain care funds, (ii) that is operating as a | ||||||
25 | public cemetery, or (iii) that is operating as a religious | ||||||
26 | cemetery is exempt from this Act, but is required to comply |
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1 | with Sections 20-5(a), 20-5(b), 20-5(b-5), 20-5(c), 20-5(d), | ||||||
2 | 20-6, 20-8, 20-10, 20-11, 20-12, 20-30, 25-3, and 25-120 and | ||||||
3 | Article 35 of this Act. Cemetery authorities claiming a partial | ||||||
4 | exemption shall apply for the partial exemption as provided in | ||||||
5 | Section 10-20 Article 10 of this Act. A cemetery authority that | ||||||
6 | changes to a status that would disqualify it from a partial | ||||||
7 | exemption is required to apply for licensure within one year | ||||||
8 | following the date on which it changes its status. A cemetery | ||||||
9 | authority that maintains a partial exemption that fails to | ||||||
10 | timely apply for licensure shall be deemed to have engaged in | ||||||
11 | unlicensed practice and shall be subject to discipline in | ||||||
12 | accordance with Article 25 of this Act.
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13 | (c) Nothing in this Act applies to the City of Chicago in | ||||||
14 | its exercise of its powers under the O'Hare Modernization Act | ||||||
15 | or limits the authority of the City of Chicago to acquire | ||||||
16 | property or otherwise exercise its powers under the O'Hare | ||||||
17 | Modernization Act, or requires the City of Chicago, or any | ||||||
18 | person acting on behalf of the City of Chicago, to comply with | ||||||
19 | the licensing, regulation, investigation, or mediation | ||||||
20 | requirements of this Act in exercising its powers under the | ||||||
21 | O'Hare Modernization Act.
| ||||||
22 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
23 | (225 ILCS 411/5-25) | ||||||
24 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
25 | Sec. 5-25. Powers of the Department. Subject to the |
| |||||||
| |||||||
1 | provisions of this Act, the Department may exercise the | ||||||
2 | following powers: | ||||||
3 | (1) Authorize certification programs written examinations | ||||||
4 | to ascertain the qualifications and fitness of applicants for | ||||||
5 | licensing as a licensed cemetery manager or as a customer | ||||||
6 | service employee to ascertain whether they possess the | ||||||
7 | requisite level of knowledge 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. |
| |||||||
| |||||||
1 | (8) Work with the Office of the Comptroller and the | ||||||
2 | Department of Public Health Division of Vital Records to | ||||||
3 | exchange information and request additional information | ||||||
4 | relating to a licensed cemetery authority; | ||||||
5 | (9) Investigate cemetery contracts, grounds, or employee | ||||||
6 | records. | ||||||
7 | (10) The Department may at any time investigate the | ||||||
8 | cemetery business of any cemetery authority and shall have free | ||||||
9 | access to the office and place of business and to such records | ||||||
10 | the Department deems necessary to enforce this Act. | ||||||
11 | (11) Contract with third-parties for services necessary | ||||||
12 | for the proper administration of this Act, including, without | ||||||
13 | limitation, investigators with the proper knowledge, training, | ||||||
14 | and skills to properly inspect cemeteries and investigate | ||||||
15 | complaints under this Act.
| ||||||
16 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
17 | (225 ILCS 411/10-5) | ||||||
18 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
19 | Sec. 10-5. Restrictions and limitations. No person shall, | ||||||
20 | without a valid license issued by the Department, (i) hold | ||||||
21 | himself or herself out in any manner to the public as a | ||||||
22 | licensed cemetery authority, licensed cemetery manager, or | ||||||
23 | customer service employee or ; (ii) attach the title "licensed | ||||||
24 | cemetery authority", "licensed cemetery manager", or "licensed | ||||||
25 | customer service employee" to his or her name . No person shall, |
| |||||||
| |||||||
1 | without a valid license or exemption from licensure from the | ||||||
2 | Department, ; (iii) render or offer to render services | ||||||
3 | constituting the practice of cemetery operation ; or (iv) accept | ||||||
4 | care funds within the meaning of this Act or otherwise hold | ||||||
5 | funds for care and maintenance unless such person is holding | ||||||
6 | and managing funds on behalf of a cemetery authority and is | ||||||
7 | authorized to conduct a trust business under the Corporate | ||||||
8 | Fiduciary Act or the federal National Bank Act .
| ||||||
9 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
10 | (225 ILCS 411/10-10) | ||||||
11 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
12 | Sec. 10-10. Licenses. Persons licensed under the Cemetery | ||||||
13 | Care Act or Cemetery Association Act. A person acting as a | ||||||
14 | licensed cemetery authority under the Cemetery Care Act or | ||||||
15 | Cemetery Association Act prior to their repeal on March 1, 2012 | ||||||
16 | must comply with those Acts until the Department takes action | ||||||
17 | on the person's application for a cemetery authority license in | ||||||
18 | accordance with this Act. The application for a cemetery | ||||||
19 | authority license under this Article must be submitted to the | ||||||
20 | Department within 6 months after the Department adopts rules | ||||||
21 | under this Act 9 months after the effective date of this Act . | ||||||
22 | If the person fails to submit the application within this | ||||||
23 | period, then the person shall be considered to be engaged in | ||||||
24 | unlicensed practice and shall be subject to discipline in | ||||||
25 | accordance with Article 25 of this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
2 | (225 ILCS 411/10-15) | ||||||
3 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
4 | Sec. 10-15. Licenses; cemetery authorities; cemetery | ||||||
5 | managers; and customer service employees. Persons not licensed | ||||||
6 | under the Cemetery Care Act or the Cemetery Association Act.
A | ||||||
7 | cemetery manager, a customer service employee, or a person | ||||||
8 | acting as a cemetery authority who was not required to obtain | ||||||
9 | licensure prior to the effective date of this Act need not | ||||||
10 | comply with the licensure requirement in this Article until the | ||||||
11 | Department takes action on the person's application for a | ||||||
12 | license. The application for a cemetery authority license must | ||||||
13 | be submitted to the Department within 6 months after the | ||||||
14 | Department adopts rules under this Act the effective date of | ||||||
15 | this Act . For cemetery managers already working for a cemetery | ||||||
16 | authority at the time of cemetery authority application for | ||||||
17 | licensure, the application for a cemetery manager license must | ||||||
18 | be submitted at the same time as the original application for | ||||||
19 | licensure as a cemetery authority pursuant to this Section or | ||||||
20 | Section 10-10, whichever the case may be . Any applicant for | ||||||
21 | licensure as a cemetery manager of a cemetery authority that is | ||||||
22 | already licensed under this Act or that has a pending | ||||||
23 | application for licensure under this Act must submit his or her | ||||||
24 | application to the Department on or before his or her first day | ||||||
25 | of work. The application for a customer service employee |
| |||||||
| |||||||
1 | license must be submitted to the Department within 10 days | ||||||
2 | after the cemetery authority for which he or she works becomes | ||||||
3 | licensed under this Act or on or before his or her first day of | ||||||
4 | work for a cemetery authority that is already licensed under | ||||||
5 | this Act , whichever the case may be. If the person fails to | ||||||
6 | submit the application within the required period, the person | ||||||
7 | shall be considered to be engaged in unlicensed practice and | ||||||
8 | shall be subject to discipline in accordance with Article 25 of | ||||||
9 | this Act.
| ||||||
10 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
11 | (225 ILCS 411/10-20) | ||||||
12 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
13 | Sec. 10-20. Application for original license or exemption. | ||||||
14 | (a) Applications for original licensure as a cemetery | ||||||
15 | authority, cemetery manager, or customer service employee | ||||||
16 | authorized by this Act, or application for exemption from | ||||||
17 | licensure as a cemetery authority, shall be made to the | ||||||
18 | Department on forms prescribed by the Department, which shall | ||||||
19 | include the applicant's Social Security number or FEIN number, | ||||||
20 | or both, and shall be accompanied by the required fee as set by | ||||||
21 | rule . Applications for partial or full exemption from licensure | ||||||
22 | as a cemetery authority shall be submitted to the Department | ||||||
23 | within 6 months 12 months after the Department adopts rules | ||||||
24 | under this Act. If the person fails to submit the application | ||||||
25 | for partial or full exemption within this period, the person |
| |||||||
| |||||||
1 | shall be subject to discipline in accordance with Article 25 of | ||||||
2 | this Act. The process for renewing a full or partial exemption | ||||||
3 | shall be set by rule. If a cemetery authority seeks to practice | ||||||
4 | at more than one location, it shall meet all licensure | ||||||
5 | requirements at each location as required by this Act and by | ||||||
6 | rule, including submission of an application and fee. A person | ||||||
7 | licensed as a cemetery manager or customer service employee | ||||||
8 | need not submit a Worker's Statement in accordance with Section | ||||||
9 | 10-22 of this Act. | ||||||
10 | (b) If the application for licensure as a cemetery | ||||||
11 | authority does not claim a full exemption or partial exemption, | ||||||
12 | then the cemetery authority license application shall be | ||||||
13 | accompanied by a fidelity bond, proof of self-insurance, or | ||||||
14 | letter of credit in the amount required by rule. Such bond, | ||||||
15 | self-insurance, or letter of credit shall run to the Department | ||||||
16 | for the benefit of the care funds held by such cemetery | ||||||
17 | authority or by the trustee of the care funds of such cemetery | ||||||
18 | authority. If care funds of a cemetery authority are held by | ||||||
19 | any entity authorized to do a trust business under the | ||||||
20 | Corporate Fiduciary Act or held by an investment company, then | ||||||
21 | the Department shall waive the requirement of a bond, | ||||||
22 | self-insurance, or letter of credit as established by rule. If | ||||||
23 | the Department finds at any time that the bond, self-insurance | ||||||
24 | or letter of credit is insecure or exhausted or otherwise | ||||||
25 | doubtful, then an additional bond, form of self-insurance, or | ||||||
26 | letter of credit in like amount to be approved by the |
| |||||||
| |||||||
1 | Department shall be filed by the cemetery authority applicant | ||||||
2 | or licensee within 30 days after written demand is served upon | ||||||
3 | the applicant or licensee by the Department. In addition, if | ||||||
4 | the cemetery authority application does not claim a full | ||||||
5 | exemption or partial exemption, then the license application | ||||||
6 | shall be accompanied by proof of liability insurance, proof of | ||||||
7 | self-insurance, or a letter of credit in the amount required by | ||||||
8 | rule. The procedure by which claims on the liability insurance, | ||||||
9 | self-insurance, or letter of credit are made and paid shall be | ||||||
10 | determined by rule. Any bond obtained pursuant to this | ||||||
11 | subsection shall be issued by a bonding company authorized to | ||||||
12 | do business in this State. Any letter of credit obtained | ||||||
13 | pursuant to this subsection shall be issued by a financial | ||||||
14 | institution authorized to do business in this State. | ||||||
15 | Maintaining the insurance policy, bonds, self-insurance, or | ||||||
16 | letters of credit required under this subsection is a | ||||||
17 | continuing obligation for licensure. A bonding company may | ||||||
18 | terminate a bond, a financial institution may terminate a | ||||||
19 | letter of credit, or an insurance company may terminate | ||||||
20 | liability insurance and avoid further liability by filing a | ||||||
21 | 60-day notice of termination with the Department and at the | ||||||
22 | same time sending the same notice to the cemetery authority. | ||||||
23 | (c) After initial licensure, if any person comes to obtain | ||||||
24 | at least 51% of the ownership over the licensed cemetery | ||||||
25 | authority, then the cemetery authority shall have to apply for | ||||||
26 | a new license and receive licensure in the required time as set |
| |||||||
| |||||||
1 | by rule. The current license remains in effect until the | ||||||
2 | Department takes action on the application for a new license. | ||||||
3 | (d) All applications shall contain the information that, in | ||||||
4 | the judgment of the Department, will enable the Department to | ||||||
5 | pass on the qualifications of the applicant for an exemption | ||||||
6 | from licensure or for a license to practice as a cemetery | ||||||
7 | authority, cemetery manager, or customer service employee as | ||||||
8 | set by rule.
| ||||||
9 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
10 | (225 ILCS 411/10-21) | ||||||
11 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
12 | Sec. 10-21. Qualifications for licensure. | ||||||
13 | (a) A cemetery authority shall apply for licensure on forms | ||||||
14 | prescribed by the Department and pay the required fee. An | ||||||
15 | applicant is qualified for licensure as a cemetery authority if | ||||||
16 | the applicant meets all of the following qualifications: | ||||||
17 | (1) The applicant is of good moral character and has | ||||||
18 | not committed any act or offense in any jurisdiction that | ||||||
19 | would constitute the basis for discipline under this Act. | ||||||
20 | When considering such license In determining good moral | ||||||
21 | character , the Department shall take into consideration | ||||||
22 | the following: | ||||||
23 | (A) the applicant's record of compliance with the | ||||||
24 | Code of Professional Conduct and Ethics, and whether | ||||||
25 | the applicant has been found to have engaged in any |
| |||||||
| |||||||
1 | unethical or dishonest practices in the cemetery | ||||||
2 | business; | ||||||
3 | (B) whether the applicant has been adjudicated, | ||||||
4 | civilly or criminally, to have committed fraud or to | ||||||
5 | have violated any law of any state involving unfair | ||||||
6 | trade or business practices, has been convicted of a | ||||||
7 | misdemeanor of which fraud is an essential element or | ||||||
8 | which involves any aspect of the cemetery business, or | ||||||
9 | has been convicted of any felony; | ||||||
10 | (C) whether the applicant has willfully violated | ||||||
11 | any provision of this Act or a predecessor law or any | ||||||
12 | regulations relating thereto; | ||||||
13 | (D) whether the applicant has been permanently or | ||||||
14 | temporarily suspended, enjoined, or barred by any | ||||||
15 | court of competent jurisdiction in any state from | ||||||
16 | engaging in or continuing any conduct or practice | ||||||
17 | involving any aspect of the cemetery or funeral | ||||||
18 | business; and | ||||||
19 | (E) whether the applicant has ever had any license | ||||||
20 | to practice any profession or occupation suspended, | ||||||
21 | denied, fined, or otherwise acted against or | ||||||
22 | disciplined by the applicable licensing authority. | ||||||
23 | If the applicant is a corporation, limited liability | ||||||
24 | company, partnership, or other entity permitted by law, | ||||||
25 | then each principal, owner, member, officer, and | ||||||
26 | shareholder holding 25% or more of corporate stock is to be |
| |||||||
| |||||||
1 | of good moral character. Good moral character is a | ||||||
2 | continuing requirement of licensure. | ||||||
3 | (2) If the applicant is a cemetery authority having a | ||||||
4 | license from the Department under this Act or the | ||||||
5 | Comptroller under the Cemetery Care Act on the date of | ||||||
6 | application, then the applicant must provide a statement of | ||||||
7 | its assets and liabilities to the Department. If the | ||||||
8 | applicant is a cemetery authority without a license from | ||||||
9 | the Department under this Act or the Comptroller under the | ||||||
10 | Cemetery Care Act, then the applicant shall provide | ||||||
11 | evidence satisfactory to the Department that the applicant | ||||||
12 | has financial resources sufficient to comply with the | ||||||
13 | requirements of this Act. The applicant provides evidence | ||||||
14 | satisfactory to the Department that the applicant has | ||||||
15 | financial resources sufficient to comply with the | ||||||
16 | maintenance and record-keeping provisions in Section 20-5 | ||||||
17 | of this Act. Maintaining sufficient financial resources is | ||||||
18 | a continuing requirement for licensure. | ||||||
19 | (3) The applicant has not, within the preceding 10 | ||||||
20 | years, been convicted of or entered a plea of guilty or | ||||||
21 | nolo contendere to (i) a Class X felony or (ii) a felony, | ||||||
22 | an essential element of which was fraud or dishonesty under | ||||||
23 | the laws of this State, another state, the United States, | ||||||
24 | or a foreign jurisdiction. If the applicant is a | ||||||
25 | corporation, limited liability company, partnership, or | ||||||
26 | other entity permitted by law, then each principal, owner, |
| |||||||
| |||||||
1 | member, officer, and shareholder holding 25% or more of | ||||||
2 | corporate stock has not, within the preceding 10 years, | ||||||
3 | been convicted of or entered a plea of guilty or nolo | ||||||
4 | contendere to (i) a Class X felony or (ii) a felony, an | ||||||
5 | 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. | ||||||
8 | (4) The applicant shall authorize the Department to | ||||||
9 | conduct a criminal background check that does not involve | ||||||
10 | fingerprinting. The applicant submits his or her | ||||||
11 | fingerprints in accordance with subsection (c) of this | ||||||
12 | Section. | ||||||
13 | (5) The applicant has complied with all other | ||||||
14 | requirements of this Act and the rules adopted for the | ||||||
15 | implementation of this Act. | ||||||
16 | (b) The cemetery manager and customer service employees of | ||||||
17 | a licensed cemetery authority shall apply for licensure as a | ||||||
18 | cemetery manager or customer service employee on forms | ||||||
19 | prescribed by the Department and pay the required fee. A person | ||||||
20 | is qualified for licensure as a cemetery manager or customer | ||||||
21 | service employee if he or she meets all of the following | ||||||
22 | requirements: | ||||||
23 | (1) Is at least 18 years of age. | ||||||
24 | (2) Has acted in an ethical manner as set forth in | ||||||
25 | Section 10-23 of this Act Is of good moral character . Good | ||||||
26 | moral character is a continuing requirement of licensure. |
| |||||||
| |||||||
1 | In determining qualifications of licensure good moral | ||||||
2 | character , the Department shall take into consideration | ||||||
3 | the factors outlined in item (1) of subsection (a) of this | ||||||
4 | Section. | ||||||
5 | (3) Submits proof of successful completion of a high | ||||||
6 | school education or its equivalent as established by rule. | ||||||
7 | (4) The applicant shall authorize the Department to | ||||||
8 | conduct a criminal background check that does not involve | ||||||
9 | fingerprinting Submits his or her fingerprints in | ||||||
10 | accordance with subsection (c) of this Section . | ||||||
11 | (5) Has not committed a violation of this Act or any | ||||||
12 | rules adopted under this Act that, in the opinion of the | ||||||
13 | Department, renders the applicant unqualified to be a | ||||||
14 | cemetery manager. | ||||||
15 | (6) Submits proof of successful completion of a | ||||||
16 | certification course recognized by the Department for a | ||||||
17 | cemetery manager or customer service employee, whichever | ||||||
18 | the case may be Successfully passes the examination | ||||||
19 | authorized by the Department for cemetery manager or | ||||||
20 | customer service employee, whichever is applicable . | ||||||
21 | (7) Has not, within the preceding 10 years, been | ||||||
22 | convicted of or entered a plea of guilty or nolo contendere | ||||||
23 | to (i) a Class X felony or (ii) a felony, an essential | ||||||
24 | element of which was fraud or dishonesty under the laws of | ||||||
25 | this State, another state, the United States, or a foreign | ||||||
26 | jurisdiction. |
| |||||||
| |||||||
1 | (8) Can be reasonably expected to treat consumers | ||||||
2 | professionally, fairly, and ethically. | ||||||
3 | (9) Has complied with all other requirements of this | ||||||
4 | Act and the rules adopted for implementation of this Act. | ||||||
5 | (c) Each applicant for a cemetery authority, cemetery | ||||||
6 | manager, or customer service employee license shall authorize | ||||||
7 | the Department to conduct a criminal background check that does | ||||||
8 | not involve fingerprinting. The Department shall adopt rules to | ||||||
9 | implement this subsection (c). Each applicant for a cemetery | ||||||
10 | authority, cemetery manager, or customer service employee | ||||||
11 | license shall have his or her fingerprints submitted to the | ||||||
12 | Department of State Police in an electronic format that | ||||||
13 | complies with the form and manner for requesting and furnishing | ||||||
14 | criminal history record information that is prescribed by the | ||||||
15 | Department of State Police. These
fingerprints shall be checked | ||||||
16 | against the Department of State
Police and Federal Bureau of | ||||||
17 | Investigation criminal history
record databases. The | ||||||
18 | Department of State Police shall charge
applicants a fee for | ||||||
19 | conducting the criminal history records
check, which shall be | ||||||
20 | deposited in the State Police Services
Fund and shall not | ||||||
21 | exceed the actual cost of the records check.
The Department of | ||||||
22 | State Police shall furnish, pursuant to
positive | ||||||
23 | identification, records of Illinois convictions to
the | ||||||
24 | Department. The Department may require applicants to pay a
| ||||||
25 | separate fingerprinting fee, either to the Department or
| ||||||
26 | directly to a designated fingerprint vendor. The Department, in
|
| |||||||
| |||||||
1 | its discretion, may allow an applicant who does not have
| ||||||
2 | reasonable access to a designated fingerprint vendor to provide
| ||||||
3 | his or her fingerprints in an alternative manner. The
| ||||||
4 | Department, in its discretion, may also use other procedures in
| ||||||
5 | performing or obtaining criminal background checks of
| ||||||
6 | applicants. Instead of submitting his or her fingerprints, an
| ||||||
7 | individual may submit proof that is satisfactory to the
| ||||||
8 | Department that an equivalent security clearance has been
| ||||||
9 | conducted. If the applicant for a cemetery authority license is | ||||||
10 | a corporation, limited liability company, partnership, or | ||||||
11 | other entity permitted by law, then each principal, owner, | ||||||
12 | member, officer, and shareholder holding 25% or more of | ||||||
13 | corporate stock shall have his or her fingerprints submitted in | ||||||
14 | accordance with this subsection (c).
| ||||||
15 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
16 | (225 ILCS 411/10-23) | ||||||
17 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
18 | Sec. 10-23. Code of Professional Conduct and Ethics. | ||||||
19 | Licensed cemetery authorities and their licensed cemetery | ||||||
20 | managers and customer service employees, and cemetery | ||||||
21 | authorities maintaining a partial exemption and their cemetery | ||||||
22 | managers and customer service employees shall: | ||||||
23 | (a) Refrain from committing any action that may violate | ||||||
24 | Section 25-10 of this Act; | ||||||
25 | (b) Be aware of applicable federal and State laws and |
| |||||||
| |||||||
1 | regulations, adhere to those laws and regulations, and be able | ||||||
2 | to explain them to families in an understandable manner; | ||||||
3 | (c) Treat all human remains with proper care and dignity, | ||||||
4 | honoring known religious, ethnic, and personal beliefs; | ||||||
5 | (d) Protect all confidential information; | ||||||
6 | (e) Carry out all aspects of service in a competent and | ||||||
7 | respectful manner; | ||||||
8 | (f) Fulfill all written and verbal agreements and | ||||||
9 | contracts; | ||||||
10 | (g) Provide honest, factual, and complete information | ||||||
11 | regarding all aspects of the services offered and provided; | ||||||
12 | (h) Not engage in advertising that is false, misleading, or | ||||||
13 | otherwise prohibited by law; | ||||||
14 | (i) Not discriminate against any person because of race, | ||||||
15 | creed, marital status, sex, national origin, sexual | ||||||
16 | orientation, or color, except a religious cemetery may restrict | ||||||
17 | its services to those of the same religious faith or creed. A | ||||||
18 | cemetery authority operating any cemetery may designate parts | ||||||
19 | of cemeteries or burial grounds for the specific use of persons | ||||||
20 | whose religious code requires isolation; | ||||||
21 | (j) To have clear and specific cemetery rules and | ||||||
22 | regulations, subject to other applicable law, including this | ||||||
23 | Act, and to apply them equally to all families served; | ||||||
24 | (k) Report all violations of this Act and this Section to | ||||||
25 | the Department. The Department shall adopt a Code of | ||||||
26 | Professional Conduct and Ethics by rule. Cemetery authorities, |
| |||||||
| |||||||
1 | cemetery managers, and customer service employees shall abide | ||||||
2 | by the Code of Professional Conduct and Ethics.
| ||||||
3 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
4 | (225 ILCS 411/10-25) | ||||||
5 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
6 | Sec. 10-25. Certification Examination; failure or refusal | ||||||
7 | to take the examination . | ||||||
8 | (a) The Department shall authorize certification programs | ||||||
9 | for examinations of cemetery manager and customer service | ||||||
10 | employee applicants at such times and places as it may | ||||||
11 | determine . The certification programs must consist of | ||||||
12 | education and training in cemetery ethics, cemetery law, and | ||||||
13 | cemetery practices and continuing education therein. Cemetery | ||||||
14 | ethics shall include, without limitation, the Code of | ||||||
15 | Professional Conduct and Ethics as set forth in Section 10-23 | ||||||
16 | of this Act. Cemetery law shall include, without limitation, | ||||||
17 | the Cemetery Oversight Act, the Cemetery Care Act, the Cemetery | ||||||
18 | Association Act, the Disposition of Remains Act, and the | ||||||
19 | Cemetery Protection Act. Cemetery practices shall include, | ||||||
20 | without limitation, treating the dead and their family members | ||||||
21 | with dignity and respect. The certification program shall | ||||||
22 | include an examination administered by the entity providing the | ||||||
23 | certification. The examinations shall fairly test an | ||||||
24 | applicant's qualifications to practice as cemetery manager or | ||||||
25 | customer service employee, whatever the case may be, and |
| |||||||
| |||||||
1 | knowledge of the theory and practice of cemetery operation and | ||||||
2 | management or cemetery customer service, whichever is | ||||||
3 | applicable. The examination shall further test the extent to | ||||||
4 | which the applicant understands and appreciates that the final | ||||||
5 | disposal of a deceased human body should be attended with | ||||||
6 | appropriate observance and understanding, having due regard | ||||||
7 | and respect for the reverent care of the human body and for | ||||||
8 | those bereaved and for the overall spiritual dignity of an | ||||||
9 | individual. | ||||||
10 | (a-5) An entity seeking to offer a certification program to | ||||||
11 | cemetery manager applicants and customer service employee | ||||||
12 | applicants must receive approval of its program from the | ||||||
13 | Department in a manner and form prescribed by the Department. | ||||||
14 | As part of this process, the entity must submit to the | ||||||
15 | Department the examination it offers or intends to offer as | ||||||
16 | part of its certification program The examinations for cemetery | ||||||
17 | manager and customer service employee shall be appropriate for | ||||||
18 | cemetery professionals and shall not cover mortuary science . | ||||||
19 | (a-10) A cemetery manager applicant or customer service | ||||||
20 | employee applicant may choose any entity that has been approved | ||||||
21 | by the Department from which to obtain certification The | ||||||
22 | examinations for cemetery manager and customer service | ||||||
23 | employee applicants shall be tiered, as determined by rule, to | ||||||
24 | account for the different amount of knowledge needed by such | ||||||
25 | applicants depending on their job duties and the number of | ||||||
26 | interments, inurnments, and entombments per year at the |
| |||||||
| |||||||
1 | cemetery at which they work . | ||||||
2 | (b) Cemetery manager applicants and customer service | ||||||
3 | employee applicants shall pay the fee for the certification | ||||||
4 | program directly to the entity offering the program. Applicants | ||||||
5 | for examinations shall pay, either to the Department or to the | ||||||
6 | designated testing service, a fee covering the cost of | ||||||
7 | providing the examination. Failure to appear for the | ||||||
8 | examination on the scheduled date at the time and place | ||||||
9 | specified after the application for examination has been | ||||||
10 | received and acknowledged by the Department or the designated | ||||||
11 | testing service shall result in forfeiture of the examination | ||||||
12 | fee. | ||||||
13 | (c) If the cemetery manager applicant or customer service | ||||||
14 | employee applicant neglects, fails, or refuses to become | ||||||
15 | certified take an examination or fails to pass an examination | ||||||
16 | for a license under this Act within one year after filing an | ||||||
17 | application, then the application shall be denied. However, the | ||||||
18 | applicant may thereafter submit a new application accompanied | ||||||
19 | by the required fee. The applicant shall meet the requirements | ||||||
20 | in force at the time of making the new application. | ||||||
21 | (d) A cemetery manager applicant or customer service | ||||||
22 | employee applicant who has completed a certification program | ||||||
23 | offered by an entity that has not received the Department's | ||||||
24 | approval as required by this Section has not met the | ||||||
25 | qualifications for licensure as set forth in Section 10-21 of | ||||||
26 | this Act The Department may employ consultants for the purpose |
| |||||||
| |||||||
1 | of preparing and conducting examinations . | ||||||
2 | (e) The Department shall recognize any certification | ||||||
3 | program that is conducted by a death care trade association in | ||||||
4 | Illinois that has been in existence for more than 5 years that, | ||||||
5 | in the determination of the Department, provides adequate | ||||||
6 | education and training in cemetery law, cemetery ethics, and | ||||||
7 | cemetery practices and administers an examination covering the | ||||||
8 | same The Department shall have the authority to adopt or | ||||||
9 | recognize, in part or in whole, examinations prepared, | ||||||
10 | administered, or graded by other organizations in the cemetery | ||||||
11 | industry that are determined appropriate to measure the | ||||||
12 | qualifications of an applicant for licensure .
| ||||||
13 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
14 | (225 ILCS 411/10-39 new) | ||||||
15 | Sec. 10-39. Cemetery manager and customer service | ||||||
16 | employee; display of certification and license. The cemetery | ||||||
17 | manager and customer service employee must conspicuously | ||||||
18 | display the certification and the license after it is received | ||||||
19 | at the cemetery authority's place of business. Any person | ||||||
20 | applying for original licensure as a cemetery manager without | ||||||
21 | the required certification from a program approved by the | ||||||
22 | Department shall have a reasonable period of time, not to | ||||||
23 | exceed one year from the date of his or her original | ||||||
24 | application, but not any second or subsequent application, to | ||||||
25 | complete the program. In the interim, the cemetery manager |
| |||||||
| |||||||
1 | without certification may manage the cemetery if he or she (1) | ||||||
2 | has submitted an application for licensure and (2) has received | ||||||
3 | training from another person, as verified by an appropriate | ||||||
4 | form approved by the Department, who has received the required | ||||||
5 | certification from a program recognized by the Department. Any | ||||||
6 | person applying for original licensure as a customer service | ||||||
7 | employee without the required certification from a program | ||||||
8 | approved by the Department shall have a reasonable period of | ||||||
9 | time, not to exceed one year from the date of his or her | ||||||
10 | original application, but not any second or subsequent | ||||||
11 | application, to complete the program. In the interim, the | ||||||
12 | customer service employee without certification may engage in | ||||||
13 | the work of a customer service employee if he or she (1) has | ||||||
14 | submitted an application for licensure and (2) has received | ||||||
15 | training from another person, as verified by an appropriate | ||||||
16 | form approved by the Department, who has received certification | ||||||
17 | from a program recognized by the Department.
| ||||||
18 | (225 ILCS 411/10-45) | ||||||
19 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
20 | Sec. 10-45. Transfer or sale, preservation of license, | ||||||
21 | liability for shortage. | ||||||
22 | (a) (Blank). In the case of a sale of any cemetery or any | ||||||
23 | part thereof or of any related personal property by a cemetery | ||||||
24 | authority to a purchaser or pursuant to foreclosure | ||||||
25 | proceedings, except the sale of burial rights, services, or |
| |||||||
| |||||||
1 | merchandise to a person for his or her personal or family | ||||||
2 | burial or interment, the purchaser is liable for any shortages | ||||||
3 | existing before or after the sale in the care funds required to | ||||||
4 | be maintained in a trust pursuant to this Act and shall honor | ||||||
5 | all instruments issued under Article 15 of this Act for that | ||||||
6 | cemetery. Any shortages existing in the care funds constitute a | ||||||
7 | prior lien in favor of the trust for the total value of the | ||||||
8 | shortages and notice of such lien shall be provided in all | ||||||
9 | sales instruments. | ||||||
10 | (b) In the event of a sale or transfer of all or | ||||||
11 | substantially all of the assets of the cemetery authority, the | ||||||
12 | sale or transfer of the controlling interest of the corporate | ||||||
13 | stock of the cemetery authority, if the cemetery authority is a | ||||||
14 | corporation, or the sale or transfer of the controlling | ||||||
15 | interest of the partnership, if the cemetery authority is a | ||||||
16 | partnership, or the sale or transfer of the controlling | ||||||
17 | membership, if the cemetery authority is a limited liability | ||||||
18 | company, the cemetery authority shall, at least 30 days prior | ||||||
19 | to the sale or transfer, notify the Department, in writing, of | ||||||
20 | the pending date of sale or transfer so as to permit the | ||||||
21 | Department to audit the books and records of the cemetery | ||||||
22 | authority. The audit must be commenced within 10 business days | ||||||
23 | of the receipt of the notification and completed within the | ||||||
24 | 30-day notification period unless the Department notifies the | ||||||
25 | cemetery authority during that period that there is a basis for | ||||||
26 | determining a deficiency that will require additional time to |
| |||||||
| |||||||
1 | finalize . The sale or transfer may not be completed by the | ||||||
2 | cemetery authority unless and until: | ||||||
3 | (1) (Blank). the Department has completed the audit of | ||||||
4 | the cemetery authority's books and records; | ||||||
5 | (2) (Blank). any delinquency existing in the care funds | ||||||
6 | has been paid by the cemetery authority or arrangements | ||||||
7 | satisfactory to the Department have been made by the | ||||||
8 | cemetery authority on the sale or transfer for the payment | ||||||
9 | of any delinquency; and | ||||||
10 | (3) the Department issues a new cemetery authority | ||||||
11 | license upon application of the newly controlled | ||||||
12 | corporation or partnership, which license must be applied | ||||||
13 | for at least 30 days prior to the anticipated date of the | ||||||
14 | sale or transfer , subject to the payment of any | ||||||
15 | delinquencies, if any, as stated in item (2) of this | ||||||
16 | subsection (b) . | ||||||
17 | (c) In the event of a sale or transfer of any cemetery | ||||||
18 | land, including any portion of cemetery land in which no human | ||||||
19 | remains have been interred, a licensee shall, at least 45 days | ||||||
20 | prior to the sale or transfer, notify the Department, in | ||||||
21 | writing, of the pending sale or transfer. With the | ||||||
22 | notification, the cemetery authority shall submit information | ||||||
23 | to the Department, which may include a copy of a portion of the | ||||||
24 | cemetery map showing the land to be sold or transferred, to | ||||||
25 | enable the Department to determine whether any human remains | ||||||
26 | are interred, inurned, or entombed within the land to be sold |
| |||||||
| |||||||
1 | or transferred and whether consumers have rights of interment, | ||||||
2 | inurnment, or entombment within the land to be sold or | ||||||
3 | transferred. | ||||||
4 | (d) For purposes of this Section, a person who acquires the | ||||||
5 | cemetery through a real estate foreclosure shall be subject to | ||||||
6 | the provisions of this Section pertaining to the purchaser, | ||||||
7 | including licensure.
| ||||||
8 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
9 | (225 ILCS 411/10-50) | ||||||
10 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
11 | Sec. 10-50. Dissolution. Where any licensed cemetery | ||||||
12 | authority or any trustee thereof seeks has accepted care funds | ||||||
13 | within the meaning of this Act, and dissolution is sought by | ||||||
14 | such cemetery authority in any manner, by resolution of such | ||||||
15 | cemetery authority, or the trustees thereof, notice shall be | ||||||
16 | given to the Department of such intention to dissolve and | ||||||
17 | proper disposition shall be made of the care funds so held for | ||||||
18 | the general benefit of such lot owners by or for the benefit of | ||||||
19 | such cemetery authority, as provided by law, or in accordance | ||||||
20 | with the trust provisions of any gift, grant, contribution, | ||||||
21 | payment, legacy, or pursuant to any contract whereby such funds | ||||||
22 | were created . The Department, represented by the Attorney | ||||||
23 | General, may apply to the circuit court for the appointment of | ||||||
24 | a receiver , trustee, successor in trust, or for directions of | ||||||
25 | such court as to the proper disposition to be made of such care |
| |||||||
| |||||||
1 | funds, to the end that the uses and purposes for which such | ||||||
2 | trust or care funds were created may be accomplished, and for | ||||||
3 | proper continued operation of the cemetery.
| ||||||
4 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
5 | (225 ILCS 411/10-55) | ||||||
6 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
7 | Sec. 10-55. Fees. | ||||||
8 | (a) Except as provided in subsection (b) of this Section, | ||||||
9 | the fees for the administration and enforcement of this Act, | ||||||
10 | including, but not limited to, original licensure, renewal, and | ||||||
11 | restoration fees, shall be set by the Department by rule. The | ||||||
12 | fees shall be reasonable and shall not be refundable. | ||||||
13 | (b) The fees for original licensure and exemption are as | ||||||
14 | follows: | ||||||
15 | (1) The fee for an application as a cemetery authority | ||||||
16 | seeking a full exemption is $25. | ||||||
17 | (2) The fee for an application as a cemetery authority | ||||||
18 | seeking a partial exemption: | ||||||
19 | (A) for cemeteries with fewer than 25 interments, | ||||||
20 | inurnments, and entombments during the preceding | ||||||
21 | calendar year is $75; | ||||||
22 | (B) for cemeteries with 25 through 50 interments, | ||||||
23 | inurnments, and entombments during the preceding | ||||||
24 | calendar year is $125; | ||||||
25 | (C) for cemeteries with 51 through 100 interments, |
| |||||||
| |||||||
1 | inurnments, and entombments during the preceding | ||||||
2 | calendar year is $200; | ||||||
3 | (D) for cemeteries with 101 through 150 | ||||||
4 | interments, inurnments, and entombments during the | ||||||
5 | preceding calendar year is $350; and | ||||||
6 | (E) for cemeteries with over 150 interments, | ||||||
7 | inurnments, and entombments during the preceding | ||||||
8 | calendar year is $500. | ||||||
9 | (3) The fee for application as a cemetery authority not | ||||||
10 | seeking a full or partial exemption: | ||||||
11 | (A) for cemeteries with fewer than 25 interments, | ||||||
12 | inurnments, and entombments during the preceding | ||||||
13 | calendar year is $100; | ||||||
14 | (B) for cemeteries with 25 through 50 interments, | ||||||
15 | inurnments, and entombments during the preceding | ||||||
16 | calendar year is $150; | ||||||
17 | (C) for cemeteries with 51 through 100 interments, | ||||||
18 | inurnments, and entombments during the preceding | ||||||
19 | calendar year is $250; | ||||||
20 | (D) for cemeteries with 101 through 150 | ||||||
21 | interments, inurnments, and entombments during the | ||||||
22 | preceding calendar year is $500; and | ||||||
23 | (E) for cemeteries with over 150 interments, | ||||||
24 | inurnments, and entombments during the preceding | ||||||
25 | calendar year is $750. | ||||||
26 | (4) The fee for application as a cemetery manager: |
| |||||||
| |||||||
1 | (A) for a cemetery manager working at a cemetery | ||||||
2 | with fewer than 25 interments, inurnments, and | ||||||
3 | entombments during the preceding calendar year is $50; | ||||||
4 | (B) for a cemetery manager working at a cemetery | ||||||
5 | with 25 through 50 interments, inurnments, and | ||||||
6 | entombments during the preceding calendar year is $50; | ||||||
7 | (C) for a cemetery manager working at a cemetery | ||||||
8 | with 51 through 100 interments, inurnments, and | ||||||
9 | entombments during the preceding calendar year is $75; | ||||||
10 | (D) for a cemetery manager working at a cemetery | ||||||
11 | with 101 through 150 interments, inurnments, and | ||||||
12 | entombments during the preceding calendar year is | ||||||
13 | $100; and | ||||||
14 | (E) for a cemetery manager working at a cemetery | ||||||
15 | with over 150 interments, inurnments, and entombments | ||||||
16 | during the preceding calendar year is $100. | ||||||
17 | (5) The fee for application as a cemetery customer | ||||||
18 | service employee: | ||||||
19 | (A) for a cemetery customer service employee | ||||||
20 | working at a cemetery with fewer than 25 interments, | ||||||
21 | inurnments, and entombments during the preceding | ||||||
22 | calendar year is $50; | ||||||
23 | (B) for a cemetery customer service employee | ||||||
24 | working at a cemetery with 25 through 50 interments, | ||||||
25 | inurnments, and entombments during the preceding | ||||||
26 | calendar year is $50; |
| |||||||
| |||||||
1 | (C) for a cemetery customer service employee | ||||||
2 | working at a cemetery with 51 through 100 interments, | ||||||
3 | inurnments, and entombments during the preceding | ||||||
4 | calendar year is $75; | ||||||
5 | (D) for a cemetery customer service employee | ||||||
6 | working at a cemetery with 101 through 150 interments, | ||||||
7 | inurnments, and entombments during the preceding | ||||||
8 | calendar year is $100; and | ||||||
9 | (E) for a cemetery customer service employee | ||||||
10 | working at a cemetery with over 150 interments, | ||||||
11 | inurnments, and entombments during the preceding | ||||||
12 | calendar year is $100. | ||||||
13 | (c) The fees for renewal are as follows: | ||||||
14 | (1) for the renewal of a cemetery authority's full | ||||||
15 | exemption is $15. | ||||||
16 | (2) for the renewal of a cemetery authority's partial | ||||||
17 | exemption: | ||||||
18 | (A) for cemeteries with fewer than 25 interments, | ||||||
19 | inurnments, and entombments during the preceding | ||||||
20 | calendar year is $75; | ||||||
21 | (B) for cemeteries with 25 through 50 interments, | ||||||
22 | inurnments, and entombments during the preceding | ||||||
23 | calendar year is $125; | ||||||
24 | (C) for cemeteries with 51 through 100 interments, | ||||||
25 | inurnments, and entombments during the preceding | ||||||
26 | calendar year is $200; |
| |||||||
| |||||||
1 | (D) for cemeteries with 101 through 150 | ||||||
2 | interments, inurnments, and entombments during the | ||||||
3 | preceding calendar year is $350; and | ||||||
4 | (E) for cemeteries with over 150 interments, | ||||||
5 | inurnments, and entombments during the preceding | ||||||
6 | calendar year is $500. | ||||||
7 | (3) for the renewal of a license as a cemetery | ||||||
8 | authority not maintaining a full or partial exemption: | ||||||
9 | (A) for cemeteries with fewer than 25 interments, | ||||||
10 | inurnments, and entombments during the preceding | ||||||
11 | calendar year is $100; | ||||||
12 | (B) for cemeteries with 25 through 50 interments, | ||||||
13 | inurnments, and entombments during the preceding | ||||||
14 | calendar year is $150; | ||||||
15 | (C) for cemeteries with 51 through 100 interments, | ||||||
16 | inurnments, and entombments during the preceding | ||||||
17 | calendar year is $250; | ||||||
18 | (D) for cemeteries with 101 through 150 | ||||||
19 | interments, inurnments, and entombments during the | ||||||
20 | preceding calendar year is $500; and | ||||||
21 | (E) for cemeteries with over 150 interments, | ||||||
22 | inurnments, and entombments during the preceding | ||||||
23 | calendar year is $750. | ||||||
24 | (4) for the renewal of a license as a cemetery manager: | ||||||
25 | (A) for a cemetery manager working at a cemetery | ||||||
26 | with fewer than 25 interments, inurnments, and |
| |||||||
| |||||||
1 | entombments during the preceding calendar year is $50; | ||||||
2 | (B) for a cemetery manager working at a cemetery | ||||||
3 | with 25 through 50 interments, inurnments, and | ||||||
4 | entombments during the preceding calendar year is $50; | ||||||
5 | (C) for a cemetery manager working at a cemetery | ||||||
6 | with 51 through 100 interments, inurnments, and | ||||||
7 | entombments during the preceding calendar year is $75; | ||||||
8 | (D) for a cemetery manager working at a cemetery | ||||||
9 | with 101 through 150 interments, inurnments, and | ||||||
10 | entombments during the preceding calendar year is | ||||||
11 | $100; and | ||||||
12 | (E) for a cemetery manager working at a cemetery | ||||||
13 | with over 150 interments, inurnments, and entombments | ||||||
14 | during the preceding calendar year is $100. | ||||||
15 | (5) for the renewal of a license as a cemetery customer | ||||||
16 | service employee: | ||||||
17 | (A) for a cemetery customer service employee | ||||||
18 | working at a cemetery with fewer than 25 interments, | ||||||
19 | inurnments, and entombments during the preceding | ||||||
20 | calendar year is $50; | ||||||
21 | (B) for a cemetery customer service employee | ||||||
22 | working at a cemetery with 25 through 50 interments, | ||||||
23 | inurnments, and entombments during the preceding | ||||||
24 | calendar year is $50; | ||||||
25 | (C) for a cemetery customer service employee | ||||||
26 | working at a cemetery with 51 through 100 interments, |
| |||||||
| |||||||
1 | inurnments, and entombments during the preceding | ||||||
2 | calendar year is $75; | ||||||
3 | (D) for a cemetery customer service employee | ||||||
4 | working at a cemetery with 101 through 150 interments, | ||||||
5 | inurnments, and entombments during the preceding | ||||||
6 | calendar year is $100; and | ||||||
7 | (E) for a cemetery customer service employee | ||||||
8 | working at a cemetery with over 150 interments, | ||||||
9 | inurnments, and entombments during the preceding | ||||||
10 | calendar year is $100. | ||||||
11 | (d) The Department may adjust the fees set forth in | ||||||
12 | subsections (b) and (c) of this Section by rule in an amount | ||||||
13 | not to exceed 1% of the total fee per annum. | ||||||
14 | (e) Cemetery manager applicants and customer service | ||||||
15 | employee applicants shall pay any certification program fee | ||||||
16 | directly to the entity offering the program. | ||||||
17 | (f) The Department may waive fees based upon hardship. | ||||||
18 | (g) Nothing shall prohibit a cemetery authority from | ||||||
19 | paying, on behalf of its cemetery managers or customer service | ||||||
20 | employees, the application fees required under items (4) and | ||||||
21 | (5) of subsection (b) of this Section or items (4) and (5) of | ||||||
22 | subsection (c) of this Section. | ||||||
23 | (b) Applicants for examination shall be required to pay, | ||||||
24 | either to the Department or the designated testing service, a | ||||||
25 | fee covering the cost of providing the examination. | ||||||
26 | (h) (c) All fees and other moneys collected under this Act |
| |||||||
| |||||||
1 | shall be deposited in the Cemetery Oversight Licensing and | ||||||
2 | Disciplinary Fund.
| ||||||
3 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
4 | (225 ILCS 411/20-5) | ||||||
5 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
6 | Sec. 20-5. Maintenance and records. | ||||||
7 | (a) A cemetery authority shall provide reasonable | ||||||
8 | maintenance of the cemetery property and of all lots, graves, | ||||||
9 | crypts, and columbariums in the cemetery based on the type and | ||||||
10 | size of the cemetery, topographic limitations, and contractual | ||||||
11 | commitments with consumers. Subject to the provisions of this | ||||||
12 | subsection (a), reasonable maintenance includes: | ||||||
13 | (1) the laying of seed, sod, or other suitable ground | ||||||
14 | cover as soon as practical following an interment given the | ||||||
15 | weather conditions, climate, and season and the | ||||||
16 | interment's proximity to ongoing burial activity; | ||||||
17 | (2) the cutting of lawn throughout the cemetery at | ||||||
18 | reasonable intervals to prevent an overgrowth of grass and | ||||||
19 | weeds given the weather conditions, climate, and season; | ||||||
20 | (3) the trimming of shrubs to prevent excessive | ||||||
21 | overgrowth; | ||||||
22 | (4) the trimming of trees to remove dead limbs; | ||||||
23 | (5) keeping in repair the drains, water lines, roads, | ||||||
24 | buildings, fences, and other structures; and | ||||||
25 | (6) keeping the cemetery premises free of trash and |
| |||||||
| |||||||
1 | debris. | ||||||
2 | In determining whether a cemetery authority provides | ||||||
3 | reasonable maintenance of the cemetery property, the | ||||||
4 | Department shall consider: | ||||||
5 | (1) the cemetery authority's contractual obligations | ||||||
6 | for care and maintenance; | ||||||
7 | (2) the size of the cemetery; | ||||||
8 | (3) the extent and use of the cemetery authority's | ||||||
9 | financial resources; | ||||||
10 | (4) the standard of maintenance of one or more | ||||||
11 | similarly situated cemeteries; in determining whether a | ||||||
12 | cemetery is similarly situated the Department shall | ||||||
13 | consider the cemetery's size, location, topography, and | ||||||
14 | financial resources, and whether the cemetery is a | ||||||
15 | fraternal cemetery, a religious cemetery, a public | ||||||
16 | cemetery, a cemetery owned and operated by a cemetery | ||||||
17 | association, or a licensed cemetery. | ||||||
18 | Reasonable maintenance by the cemetery authority shall not
| ||||||
19 | preclude the exercise of lawful rights by the owner of an
| ||||||
20 | interment, inurnment, or entombment right, or by the decedent's
| ||||||
21 | immediate family or other heirs, in accordance with reasonable
| ||||||
22 | rules and regulations of the cemetery or other agreement of the
| ||||||
23 | cemetery authority.
| ||||||
24 | In the case of a cemetery dedicated as a nature preserve | ||||||
25 | under the Illinois Natural Areas Preservation Act, reasonable | ||||||
26 | maintenance by the cemetery authority shall be in accordance |
| |||||||
| |||||||
1 | with the rules and master plan governing the dedicated nature | ||||||
2 | preserve. | ||||||
3 | The Department shall adopt rules to provide greater detail | ||||||
4 | as to what constitutes the reasonable maintenance required | ||||||
5 | under this Section. The rules shall differentiate between | ||||||
6 | cemeteries based on, among other things, the size and financial | ||||||
7 | strength of the cemeteries. The rules shall also provide a | ||||||
8 | reasonable opportunity for a cemetery authority accused of | ||||||
9 | violating the provisions of this Section to cure any such | ||||||
10 | violation in a timely manner given the weather conditions, | ||||||
11 | climate, and season before the Department initiates formal | ||||||
12 | proceedings. | ||||||
13 | A cemetery authority accused of violating the reasonable | ||||||
14 | maintenance standard set forth in this Section shall have a | ||||||
15 | reasonable opportunity to cure the violation. The cemetery | ||||||
16 | authority shall have 10 business days after receipt of notice | ||||||
17 | to cure the violation. If a cemetery authority cannot cure the | ||||||
18 | violation within 10 business days, then the cemetery authority | ||||||
19 | may request a time extension in order to cure the violation. | ||||||
20 | The request for an extension shall be made in writing to the | ||||||
21 | Department and must be postmarked within 10 business days after | ||||||
22 | receipt of the notice of the alleged violation. The request | ||||||
23 | shall outline all reasons for the extension and an estimated | ||||||
24 | date by which the cure will be accomplished. Acceptable reasons | ||||||
25 | include, without limitation, delays caused by weather | ||||||
26 | conditions, season or climate, equipment failures, or |
| |||||||
| |||||||
1 | acquisitions of materials or supplies being addressed by the | ||||||
2 | authority in a timely manner, and unexpected temporary absences | ||||||
3 | of personnel. The Department may approve or deny the extension. | ||||||
4 | If the extension is denied, then the cemetery authority must | ||||||
5 | cure the violation within 10 business days after the date of | ||||||
6 | receipt of the Department's extension denial. If the extension | ||||||
7 | is granted, then the cemetery authority must cure the violation | ||||||
8 | within the extended period of time. A cemetery authority that | ||||||
9 | does not cure the violation within the appropriate period of | ||||||
10 | time shall be subject to discipline in accordance with Article | ||||||
11 | 25 of this Act. | ||||||
12 | (b) A cemetery authority, before commencing cemetery | ||||||
13 | operations or within 6 months after the effective date of this | ||||||
14 | Act, shall cause an overall map of its cemetery property, | ||||||
15 | delineating all lots or plots, blocks, sections, avenues, | ||||||
16 | walks, alleys, and paths and their respective designations, to | ||||||
17 | be filed at its on-site office, or if it does not maintain an | ||||||
18 | on-site office, at its principal place of business. The | ||||||
19 | cemetery authority shall update its map and index described in | ||||||
20 | subsection (b-5) within a reasonable time after any expansion | ||||||
21 | or alteration of the cemetery property. A cemetery manager's | ||||||
22 | certificate acknowledging, accepting, and adopting the map | ||||||
23 | shall also be included with the map. The Department may order | ||||||
24 | that the cemetery authority obtain a cemetery plat and that it | ||||||
25 | be filed at its on-site office, or if it does not maintain an | ||||||
26 | on-site office, at its principal place of business if only in |
| |||||||
| |||||||
1 | the following circumstances: | ||||||
2 | (1) the cemetery authority is expanding or altering the | ||||||
3 | cemetery grounds; or | ||||||
4 | (2) a human body that should have been interred, | ||||||
5 | entombed, or inurned at the cemetery is missing, displaced, | ||||||
6 | or dismembered and the cemetery map contains serious | ||||||
7 | discrepancies. | ||||||
8 | In exercising this discretion, the Department shall | ||||||
9 | consider whether the cemetery authority would experience an | ||||||
10 | undue hardship as a result of obtaining the plat. The cemetery | ||||||
11 | plat, as with all plats prepared under this Act, shall comply | ||||||
12 | with the Illinois Professional Land Surveyor Act of 1989 and | ||||||
13 | shall delineate, describe, and set forth all lots or plots, | ||||||
14 | blocks, sections, avenues, walks, alleys, and paths and their | ||||||
15 | respective designations. A cemetery manager's certificate | ||||||
16 | acknowledging, accepting, and adopting the plat shall also be | ||||||
17 | included with the plat. | ||||||
18 | (b-5) A cemetery authority shall maintain an index that | ||||||
19 | associates the identity of deceased persons interred, | ||||||
20 | entombed, or inurned after the effective date of this Act with | ||||||
21 | their respective place of interment, entombment, or inurnment. | ||||||
22 | (c) The cemetery authority shall open the cemetery map or | ||||||
23 | plat to public inspection. The cemetery authority shall make | ||||||
24 | available a copy of the overall cemetery map or plat upon | ||||||
25 | written request and shall, if practical, provide a copy of a | ||||||
26 | segment of the cemetery plat where interment rights are located |
| |||||||
| |||||||
1 | upon the payment of reasonable photocopy fees. Any unsold lots, | ||||||
2 | plots, or parts thereof, in which there are not human remains, | ||||||
3 | may be resurveyed and altered in shape or size and properly | ||||||
4 | designated on the cemetery map or plat. However, sold lots, | ||||||
5 | plots, or parts thereof in which there are human remains may | ||||||
6 | not be renumbered or renamed. Nothing contained in this | ||||||
7 | subsection, however, shall prevent the cemetery authority from | ||||||
8 | enlarging an interment right by selling to its owner the excess | ||||||
9 | space next to the interment right and permitting interments | ||||||
10 | therein, provided reasonable access to the interment right and | ||||||
11 | to adjoining interment rights is not thereby eliminated. | ||||||
12 | (d) A cemetery authority shall keep a record of every | ||||||
13 | interment, entombment, and inurnment completed after the | ||||||
14 | effective date of this Act. The record shall include the | ||||||
15 | deceased's name, age, date of burial, and the specific location | ||||||
16 | of the interred, entombed, or inurned human remains. The | ||||||
17 | specific location shall correspond to the map or plat | ||||||
18 | maintained in accordance with subsection (b) of this Section | ||||||
19 | and parcel identification number identifying where the human | ||||||
20 | remains are interred, entombed, or inurned. The record shall | ||||||
21 | also include the unique personal identifier as may be further | ||||||
22 | defined by rule, which is the parcel identification number in | ||||||
23 | addition to the term of burial in years; the numbered level or | ||||||
24 | depth in the grave, plot, crypt, or niche; and the year of | ||||||
25 | death . | ||||||
26 | (e) (Blank). |
| |||||||
| |||||||
1 | (f) A cemetery authority shall make available for | ||||||
2 | inspection and, upon reasonable request and the payment of a | ||||||
3 | reasonable copying fee, provide a copy of its rules and | ||||||
4 | regulations. A cemetery authority shall make available for | ||||||
5 | viewing and provide a copy of its current prices of interment, | ||||||
6 | inurnment, or entombment rights. | ||||||
7 | (g) A cemetery authority shall provide access to the | ||||||
8 | cemetery under the cemetery authority's reasonable rules and | ||||||
9 | regulations. | ||||||
10 | (h) A cemetery authority shall be responsible for the | ||||||
11 | proper opening and closing of all graves, crypts, or niches for | ||||||
12 | human remains in any cemetery property it owns. | ||||||
13 | (i) A Any corporate or other business organization trustee | ||||||
14 | of the care funds of every licensed cemetery authority shall be | ||||||
15 | located in or a resident of this State. The licensed cemetery | ||||||
16 | authority and the trustee of care funds shall keep in this | ||||||
17 | State and use in its business such books, accounts, and records | ||||||
18 | as will enable the Department to determine whether such | ||||||
19 | licensee or trustee is complying with the provisions of this | ||||||
20 | Act and with the rules, regulations, and directions made by the | ||||||
21 | Department under this Act. The licensed cemetery authority | ||||||
22 | shall keep the books, accounts, and records in electronic or | ||||||
23 | written format at the location identified in the license issued | ||||||
24 | by the Department or as otherwise agreed by the Department in | ||||||
25 | writing. The books, accounts, and records shall be accessible | ||||||
26 | for review upon demand of the Department.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
2 | (225 ILCS 411/20-6) | ||||||
3 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
4 | Sec. 20-6. Cemetery Oversight Database. | ||||||
5 | (a) Within 10 business days after an interment, entombment, | ||||||
6 | or inurnment of human remains, the cemetery manager shall cause | ||||||
7 | a record of the interment, entombment, or inurnment to be | ||||||
8 | entered into the Cemetery Oversight Database. The requirement | ||||||
9 | of this subsection (a) also applies in any instance in which | ||||||
10 | human remains are relocated. | ||||||
11 | (b) Within 9 months after the effective date of this Act, | ||||||
12 | the Department shall certify a database as the Cemetery | ||||||
13 | Oversight Database. Upon certifying the database, the | ||||||
14 | Department shall:
| ||||||
15 | (1) provide reasonable notice to cemetery authorities | ||||||
16 | identifying the database; and | ||||||
17 | (2) immediately upon certification, require each | ||||||
18 | cemetery authority to use the Cemetery Oversight Database | ||||||
19 | as a means of complying with subsection (a). | ||||||
20 | (c) In certifying the Cemetery Oversight Database, the | ||||||
21 | Department shall ensure that the database:
| ||||||
22 | (1) provides real-time access through an Internet | ||||||
23 | connection or, if real-time access through an Internet | ||||||
24 | connection becomes unavailable due to technical problems | ||||||
25 | with the Cemetery Oversight Database incurred by the |
| |||||||
| |||||||
1 | database provider or if obtaining use of an Internet | ||||||
2 | connection would be an undue hardship on the cemetery | ||||||
3 | authority, through alternative mechanisms, including, but | ||||||
4 | not limited to, telephone; | ||||||
5 | (2) is accessible to the Department and to cemetery | ||||||
6 | managers in order to ensure compliance with this Act and in | ||||||
7 | order to provide any other information that the Department | ||||||
8 | deems necessary; | ||||||
9 | (3) requires cemetery authorities to input whatever | ||||||
10 | information required by the Department; | ||||||
11 | (4) maintains a real-time copy of the required | ||||||
12 | reporting information that is available to the Department | ||||||
13 | at all times and is the property of the Department; and | ||||||
14 | (5) contains safeguards to ensure that all information | ||||||
15 | contained in the Cemetery Oversight Database is secure. | ||||||
16 | (d) A cemetery authority may rely on the information | ||||||
17 | contained in the Cemetery Oversight Database as accurate and is | ||||||
18 | not subject to any administrative penalty or liability as a | ||||||
19 | result of relying on inaccurate information contained in the | ||||||
20 | database. | ||||||
21 | (e) The Cemetery Oversight Database provider shall | ||||||
22 | indemnify cemetery authorities against all claims and actions | ||||||
23 | arising from illegal, willful, or wanton acts on the part of | ||||||
24 | the Database provider.
The Cemetery Oversight Database | ||||||
25 | provider shall at all times maintain an electronic backup copy | ||||||
26 | of the information it receives pursuant to subsection (a).
|
| |||||||
| |||||||
1 | (f) The Cemetery Oversight Database provider may impose a | ||||||
2 | fee upon the cemetery authority for each entry it makes into | ||||||
3 | the database. If the provider imposes such a fee, it may not | ||||||
4 | exceed $10 per entry. | ||||||
5 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
6 | (225 ILCS 411/20-35 new) | ||||||
7 | Sec. 20-35. Burial or interment of an unknown individual or | ||||||
8 | unknown body part. | ||||||
9 | (a) The stacking of caskets underground of any individual | ||||||
10 | is limited to no more than 3 caskets in one grave space. | ||||||
11 | (b) Burials and internments of unknown individuals or | ||||||
12 | unknown body parts must be entered into the Cemetery Oversight | ||||||
13 | Database as provided in Section 20-6 of this Act.
| ||||||
14 | (225 ILCS 411/20-40 new) | ||||||
15 | Sec. 20-40. Burial of multiple persons. A cemetery | ||||||
16 | authority shall not bury human remains from multiple persons, | ||||||
17 | known or unknown, in the same casket or grave space with the | ||||||
18 | exception of (1) human remains that are placed in individual | ||||||
19 | containers, (2) a mass casualty event, either natural or | ||||||
20 | man-made, or (3) an arrangement made pursuant to a lawful | ||||||
21 | contract with a consumer that complies with the requirements of | ||||||
22 | Section 10-20 of this Act.
| ||||||
23 | (225 ILCS 411/20-45 new) |
| |||||||
| |||||||
1 | Sec. 20-45. Local law enforcement; citations. The | ||||||
2 | Department may enter into a written agreement with a local law | ||||||
3 | enforcement agency or county sheriff's department for the | ||||||
4 | purpose of enforcing provisions of this Act. Local law | ||||||
5 | enforcement agencies or county sheriff's departments that | ||||||
6 | enter into agreements with the Department shall have the | ||||||
7 | authority to issue citations for violations of this Act that | ||||||
8 | may be adjudicated in a circuit court with jurisdiction over | ||||||
9 | the matter or by a hearing officer designated by the Secretary.
| ||||||
10 | (225 ILCS 411/25-10) | ||||||
11 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
12 | Sec. 25-10. Grounds for disciplinary action. | ||||||
13 | (a) The Department may refuse to issue or renew a license | ||||||
14 | or may revoke, suspend, place on probation, reprimand, or take | ||||||
15 | other disciplinary action as the Department may deem | ||||||
16 | appropriate, including imposing fines not to exceed $8,000 | ||||||
17 | $10,000 for each violation, with regard to any license under | ||||||
18 | this Act, for any one or combination of the following: | ||||||
19 | (1) Material misstatement in furnishing information to | ||||||
20 | the Department.
| ||||||
21 | (2) Violations of this Act, except for Section 20-8, or | ||||||
22 | of the rules adopted under this Act.
| ||||||
23 | (3) Conviction of, or entry of a plea of guilty or nolo | ||||||
24 | contendere to, any crime within the last 10 years that is a | ||||||
25 | Class X felony or higher or is a felony involving fraud and |
| |||||||
| |||||||
1 | dishonesty under the laws of the United States or any state | ||||||
2 | or territory thereof. | ||||||
3 | (4) Making any misrepresentation for the purpose of | ||||||
4 | obtaining licensure or violating any provision of this Act | ||||||
5 | or the rules adopted under this Act.
| ||||||
6 | (5) Professional incompetence.
| ||||||
7 | (6) Gross malpractice.
| ||||||
8 | (7) Aiding or assisting another person in violating any | ||||||
9 | provision of this Act or rules adopted under this Act.
| ||||||
10 | (8) Failing, within 10 business days, to provide | ||||||
11 | information in response to a written request made by the | ||||||
12 | Department.
| ||||||
13 | (9) Engaging in dishonorable, unethical, or | ||||||
14 | unprofessional conduct of a character likely to deceive, | ||||||
15 | defraud, or harm the public.
| ||||||
16 | (10) Inability to practice with reasonable judgment, | ||||||
17 | skill, or safety as a result of habitual or excessive use | ||||||
18 | of alcohol, narcotics, stimulants, or any other chemical | ||||||
19 | agent or drug. | ||||||
20 | (11) Discipline by another agency, state, District of | ||||||
21 | Columbia, territory, or foreign nation, if at least one of | ||||||
22 | the grounds for the discipline is the same or substantially | ||||||
23 | equivalent to those set forth in this Section. | ||||||
24 | (12) Directly or indirectly giving to or receiving from | ||||||
25 | any person, firm, corporation, partnership, or association | ||||||
26 | any fee, commission, rebate, or other form of compensation |
| |||||||
| |||||||
1 | for professional services not actually or personally | ||||||
2 | rendered. | ||||||
3 | (13) A finding by the Department that the licensee, | ||||||
4 | after having his or her license placed on probationary | ||||||
5 | status, has violated the terms of probation.
| ||||||
6 | (14) Willfully making or filing false records or | ||||||
7 | reports in his or her practice, including, but not limited | ||||||
8 | to, false records filed with any governmental agency or | ||||||
9 | department. | ||||||
10 | (15) Inability to practice the profession with | ||||||
11 | reasonable judgment, skill, or safety. | ||||||
12 | (16) Failure to file an annual report or to maintain in | ||||||
13 | effect the required bond or to comply with an order, | ||||||
14 | decision, or finding of the Department made pursuant to | ||||||
15 | this Act. | ||||||
16 | (17) Directly or indirectly receiving compensation for | ||||||
17 | any professional services not actually performed. | ||||||
18 | (18) Practicing under a false or, except as provided by | ||||||
19 | law, an assumed name.
| ||||||
20 | (19) Fraud or misrepresentation in applying for, or | ||||||
21 | procuring, a license under this Act or in connection with | ||||||
22 | applying for renewal of a license under this Act.
| ||||||
23 | (20) Cheating on or attempting to subvert the licensing | ||||||
24 | examination administered under this Act.
| ||||||
25 | (21) Unjustified failure to honor its contracts.
| ||||||
26 | (22) Negligent supervision of a cemetery manager, |
| |||||||
| |||||||
1 | customer service employee, cemetery worker, or independent | ||||||
2 | contractor.
| ||||||
3 | (23) A pattern of practice or other behavior which | ||||||
4 | demonstrates incapacity or incompetence to practice under | ||||||
5 | this Act.
| ||||||
6 | (24) Allowing an individual who is not, but is required | ||||||
7 | to be, licensed under this Act to perform work for the | ||||||
8 | cemetery authority. | ||||||
9 | (25) Allowing an individual who has not, but is | ||||||
10 | required to, submit a Worker's Statement in accordance with | ||||||
11 | Section 10-22 of this Act to perform work at the cemetery. | ||||||
12 | (b) No action may be taken under this Act against a person | ||||||
13 | licensed under this Act unless the action is commenced within 5 | ||||||
14 | years after the occurrence of the alleged violations , except | ||||||
15 | for a violation of item (3) of subsection (a) of this Section. | ||||||
16 | If a person licensed under this Act violates item (3) of | ||||||
17 | subsection (a) of this Section, then the action may commence | ||||||
18 | within 10 years after the occurrence of the alleged violation . | ||||||
19 | A continuing violation shall be deemed to have occurred on the | ||||||
20 | date when the circumstances last existed that give rise to the | ||||||
21 | alleged violation.
| ||||||
22 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
23 | (225 ILCS 411/25-14.5 new) | ||||||
24 | Sec. 25-14.5. Comptroller report. The Comptroller shall | ||||||
25 | annually provide to the Department the total amount of care |
| |||||||
| |||||||
1 | funds belonging to each reporting cemetery authority and | ||||||
2 | provide information about a cemetery authority upon the request | ||||||
3 | of the Department. Additionally, the Comptroller shall report | ||||||
4 | to the Department any adverse action taken against a cemetery | ||||||
5 | authority under the Cemetery Care Act.
| ||||||
6 | (225 ILCS 411/25-70) | ||||||
7 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
8 | Sec. 25-70. Receivership. In the event a cemetery | ||||||
9 | authority license is suspended or revoked or where an | ||||||
10 | unlicensed person has conducted activities requiring cemetery | ||||||
11 | authority licensure under this Act, the Department, through the | ||||||
12 | Attorney General, may petition the circuit courts of this State | ||||||
13 | for appointment of a receiver to administer the care funds of | ||||||
14 | such licensee or unlicensed person or to operate the cemetery. | ||||||
15 | (a) The court shall appoint a receiver if the court
| ||||||
16 | determines that a receivership is necessary or advisable: | ||||||
17 | (1) to ensure the orderly and proper conduct of a | ||||||
18 | licensee's professional business and affairs during or in | ||||||
19 | the aftermath of the administrative proceeding to revoke or | ||||||
20 | suspend the cemetery authority's license; | ||||||
21 | (2) for the protection of the public's interest and | ||||||
22 | rights in the business, premises, or activities of the | ||||||
23 | person sought to be placed in receivership; | ||||||
24 | (3) upon a showing of actual or constructive | ||||||
25 | abandonment of premises or business licensed or which was |
| |||||||
| |||||||
1 | not but should have been licensed under this Act; | ||||||
2 | (4) upon a showing of serious and repeated violations | ||||||
3 | of this Act demonstrating an inability or unwillingness of | ||||||
4 | a licensee to comply with the requirements of this Act; | ||||||
5 | (5) to prevent loss, wasting, dissipation, theft, or | ||||||
6 | conversion of assets that should be marshaled and held | ||||||
7 | available for the honoring of obligations under this Act; | ||||||
8 | or | ||||||
9 | (6) upon proof of other grounds that the court deems | ||||||
10 | good and sufficient for instituting receivership action | ||||||
11 | concerning the respondent sought to be placed in | ||||||
12 | receivership.
| ||||||
13 | (b) A receivership under this Section may be temporary, or | ||||||
14 | for the winding up and dissolution of the business, as the | ||||||
15 | Department may request and the court determines to be necessary | ||||||
16 | or advisable in the circumstances. Venue of receivership | ||||||
17 | proceedings may be, at the Department's election, in Cook | ||||||
18 | County or the county where the subject of the receivership is | ||||||
19 | located. The appointed receiver shall be the Department or such | ||||||
20 | person as the Department may nominate and the court shall | ||||||
21 | approve. | ||||||
22 | (c) The Department may adopt rules for the implementation | ||||||
23 | of this Section.
| ||||||
24 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
25 | (225 ILCS 411/25-77 new) |
| |||||||
| |||||||
1 | Sec. 25-77. Grants to coroners and medical examiners. The | ||||||
2 | Department is authorized to use moneys in the Cemetery | ||||||
3 | Oversight Licensing and Disciplinary Fund to award grants to | ||||||
4 | coroners and medical examiners experiencing hardship in | ||||||
5 | complying with the DNA sampling mandate described in Section 25 | ||||||
6 | of the Missing Persons Identification Act.
| ||||||
7 | (225 ILCS 411/25-105) | ||||||
8 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
9 | Sec. 25-105. Violations. Any person who is found to have | ||||||
10 | violated any provision of this Act or any applicant for | ||||||
11 | licensure who files with the Department the fingerprints of an | ||||||
12 | individual other than himself or herself is guilty of a Class A | ||||||
13 | misdemeanor. Upon conviction of a second or subsequent offense | ||||||
14 | the violator shall be guilty of a Class 4 felony. However, | ||||||
15 | whoever intentionally fails to deposit the required amounts | ||||||
16 | into a trust provided for in this Act or intentionally and | ||||||
17 | improperly withdraws or uses trust funds for his or her own | ||||||
18 | benefit shall be guilty of a Class 4 felony and each day such | ||||||
19 | provisions are violated shall constitute a separate offense.
| ||||||
20 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
21 | (225 ILCS 411/25-125) | ||||||
22 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
23 | Sec. 25-125. Cemetery Oversight Board. The Cemetery | ||||||
24 | Oversight Board is created and shall consist of the Secretary, |
| |||||||
| |||||||
1 | who shall serve as its chairperson, and 8 members appointed by | ||||||
2 | the Secretary. Appointments shall be made within 90 days after | ||||||
3 | the effective date of this Act. Three members shall represent | ||||||
4 | the segment of the cemetery industry that does not maintain a | ||||||
5 | partial exemption or full exemption, one member shall represent | ||||||
6 | the segment of the cemetery industry that maintains a partial | ||||||
7 | exemption as a public cemetery, one member shall represent the | ||||||
8 | segment of the cemetery industry that maintains a partial | ||||||
9 | exemption as a religious cemetery, 2 members shall be consumers | ||||||
10 | as defined in this Act, and one member shall represent the | ||||||
11 | general public. No member shall be a licensed professional from | ||||||
12 | a non-cemetery segment of the death care industry. Board | ||||||
13 | members shall serve 5-year terms and until their successors are | ||||||
14 | appointed and qualified. The membership of the Board should | ||||||
15 | reasonably reflect representation from the geographic areas in | ||||||
16 | this State. No member shall be reappointed to the Board for a | ||||||
17 | term that would cause his or her continuous service on the | ||||||
18 | Board to be longer than 10 successive years. Appointments to | ||||||
19 | fill vacancies shall be made in the same manner as original | ||||||
20 | appointments, for the unexpired portion of the vacated term. | ||||||
21 | Five members of the Board shall constitute a quorum. A quorum | ||||||
22 | is required for Board decisions. The Secretary may remove any | ||||||
23 | member of the Board for misconduct, incompetence, neglect of | ||||||
24 | duty, or for reasons prescribed by law for removal of State | ||||||
25 | officials. The Secretary may remove a member of the Board who | ||||||
26 | does not attend 2 consecutive meetings. The Department may, at |
| |||||||
| |||||||
1 | any time, seek the expert advice and knowledge of the Board on | ||||||
2 | any matter relating to the administration or enforcement of | ||||||
3 | this Act. The Secretary shall consider the recommendations of | ||||||
4 | the Board in the development of proposed rules under this Act | ||||||
5 | and in the approval of entities seeking to offer certification | ||||||
6 | programs to cemetery manager applicants and customer service | ||||||
7 | employee applicants and for establishing guidelines and | ||||||
8 | examinations as may be required under this Act . Notice of any | ||||||
9 | proposed rulemaking under this Act and applications submitted | ||||||
10 | by entities seeking to offer certification programs shall be | ||||||
11 | transmitted to the Board and the Department shall review the | ||||||
12 | response of the Board and any recommendations made therein.
| ||||||
13 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
14 | (225 ILCS 411/75-50) | ||||||
15 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
16 | Sec. 75-50. Burial permits. Notwithstanding any law to the | ||||||
17 | contrary, a cemetery authority shall ensure that every burial | ||||||
18 | permit shall contain applicable to that cemetery authority | ||||||
19 | contains the decedent's parcel identification number or other | ||||||
20 | information as provided by rule regarding the location of the | ||||||
21 | interment, entombment, or inurnment of the deceased that would | ||||||
22 | enable the Department to determine the precise location of the | ||||||
23 | decedent.
| ||||||
24 | (Source: P.A. 96-863, eff. 3-1-10.)
|
| |||||||
| |||||||
1 | (225 ILCS 411/75-55) | ||||||
2 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
3 | Sec. 75-55. Transition.
| ||||||
4 | (a) (Blank). Within 60 days after the effective date of | ||||||
5 | this Act, the Comptroller shall provide the Department copies | ||||||
6 | of records in the Comptroller's possession pertaining to the | ||||||
7 | Cemetery Care Act and the Crematory Regulation Act that are | ||||||
8 | necessary for the Department's immediate responsibilities | ||||||
9 | under this Act. All other records pertaining to the Cemetery | ||||||
10 | Care Act and the Crematory Regulation Act shall be transferred | ||||||
11 | to the Department by March 1, 2012. In the case of records that | ||||||
12 | pertain both to the administration of the Cemetery Care Act or | ||||||
13 | the Crematory Regulation Act and to a function retained by the | ||||||
14 | Comptroller, the Comptroller, in consultation with the | ||||||
15 | Department, shall determine, within 60 days after the repeal of | ||||||
16 | the Cemetery Care Act, whether the records shall be | ||||||
17 | transferred, copied, or left with the Comptroller; until this | ||||||
18 | determination has been made the transfer shall not occur. | ||||||
19 | (b) (Blank). A person licensed under one of the Acts listed | ||||||
20 | in subsection (a) of this Section or regulated under the | ||||||
21 | Cemetery Association Act shall continue to comply with the | ||||||
22 | provisions of those Acts until such time as the person is | ||||||
23 | licensed under this Act or those Acts are repealed or the | ||||||
24 | amendatory changes made by this amendatory Act of the 96th | ||||||
25 | General Assembly take effect, as the case may be, whichever is | ||||||
26 | earlier. |
| |||||||
| |||||||
1 | (c) All cemetery authorities not maintaining a full | ||||||
2 | exemption or partial exemption shall pay a one-time fee to the | ||||||
3 | Department due no later than December 15, 2010 equal to $20 | ||||||
4 | plus an additional charge of $1 for each burial performed | ||||||
5 | within the cemetery during calendar year 2009. To support the | ||||||
6 | costs that may be associated with implementing and maintaining | ||||||
7 | a licensure and regulatory process for the licensure and | ||||||
8 | regulation of cemetery authorities, cemetery managers, | ||||||
9 | customer service employees, and cemetery workers, all cemetery | ||||||
10 | authorities not maintaining a full exemption or partial | ||||||
11 | exemption shall pay a one-time fee of $20 to the Department | ||||||
12 | plus an additional charge of $1 per burial unit per year within | ||||||
13 | the cemetery. The Department may establish forms for the | ||||||
14 | collection of the fee established under this subsection and | ||||||
15 | shall deposit such fee into the Cemetery Oversight Licensing | ||||||
16 | and Disciplinary Fund. The Department may begin to collect the | ||||||
17 | aforementioned fee after the effective date of this Act. In | ||||||
18 | addition, the Department may establish rules for the collection | ||||||
19 | process, which may include, but shall not be limited to, dates, | ||||||
20 | forms, enforcement, or other procedures necessary for the | ||||||
21 | effective collection, deposit, and
overall process regarding | ||||||
22 | this Section. | ||||||
23 | (d) (Blank). Any cemetery authority that fails to pay to | ||||||
24 | the Department the required fee or submits the incorrect amount | ||||||
25 | shall be subject to the penalties provided for in Section | ||||||
26 | 25-110 of this Act. |
| |||||||
| |||||||
1 | (e) Except as otherwise specifically provided, all fees, | ||||||
2 | fines, penalties, or other moneys received or collected | ||||||
3 | pursuant to this Act shall be deposited in the Cemetery | ||||||
4 | Oversight Licensing and Disciplinary Fund. | ||||||
5 | (f) (Blank). All proportionate funds held in the | ||||||
6 | Comptroller's Administrative Fund related to unexpended moneys | ||||||
7 | collected under the Cemetery Care Act and the Crematory | ||||||
8 | Regulation Act shall be transferred to the Cemetery Oversight | ||||||
9 | Licensing and Disciplinary Fund within 60 days after the | ||||||
10 | effective date of the repeal of the Cemetery Care Act. | ||||||
11 | (g) (Blank). Personnel employed by the Comptroller on | ||||||
12 | February 29, 2012, to perform the duties pertaining to the | ||||||
13 | administration of the Cemetery Care Act and the Crematory | ||||||
14 | Regulation Act, are transferred to the Department on March 1, | ||||||
15 | 2012. | ||||||
16 | The rights of State employees, the State, and its agencies | ||||||
17 | under the Comptroller Merit Employment Code and applicable | ||||||
18 | collective bargaining agreements and retirement plans are not | ||||||
19 | affected under this Act, except that all positions transferred | ||||||
20 | to the Department shall be subject to the Personnel Code | ||||||
21 | effective March 1, 2012. | ||||||
22 | All transferred employees who are members of collective | ||||||
23 | bargaining units shall retain their seniority, continuous | ||||||
24 | service, salary, and accrued benefits. During the pendency of | ||||||
25 | the existing collective bargaining agreement, the rights | ||||||
26 | provided for under that agreement shall not be abridged. |
| |||||||
| |||||||
1 | The Department shall continue to honor during their | ||||||
2 | pendency all bargaining agreements in effect at the time of the | ||||||
3 | transfer and to recognize all collective bargaining | ||||||
4 | representatives for the employees who perform or will perform | ||||||
5 | functions transferred by this Act. For all purposes with | ||||||
6 | respect to the management of the existing agreement and the | ||||||
7 | negotiation and management of any successor agreements, the | ||||||
8 | Department shall be deemed the employer of employees who | ||||||
9 | perform or will perform functions transferred to the Department | ||||||
10 | by this Act.
| ||||||
11 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
12 | (225 ILCS 411/10-30 rep.) | ||||||
13 | (225 ILCS 411/20-8 rep.) | ||||||
14 | (225 ILCS 411/20-11 rep.) | ||||||
15 | (225 ILCS 411/Art. 15 rep.) | ||||||
16 | (225 ILCS 411/Art. 22 rep.) | ||||||
17 | (225 ILCS 411/90-90 rep.) | ||||||
18 | (225 ILCS 411/90-95 rep.) | ||||||
19 | Section 27. The Cemetery Oversight Act is amended by | ||||||
20 | repealing Sections 10-30, 20-8, 20-11, 90-90, and 90-95 and | ||||||
21 | Articles 15 and 22.
| ||||||
22 | Section 30. The Crematory Regulation Act is amended by | ||||||
23 | changing Sections 5, 7, 10, 11, 11.5, 13, 14, 20, 22, 25, 40, | ||||||
24 | 55, 60, 62, 62.5, 62.10, 62.15, 62.20, 65, 80, 85, 87, 88, 89, |
| |||||||
| |||||||
1 | 90, 91, 92, and 94 as follows:
| ||||||
2 | (410 ILCS 18/5)
| ||||||
3 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
4 | (Section scheduled to be repealed on January 1, 2021) | ||||||
5 | Sec. 5. Definitions. As used in this Act:
| ||||||
6 | "Address of record" means the designated address recorded | ||||||
7 | by the Comptroller in the applicant's or licensee's application | ||||||
8 | file or license file. It is the duty of the applicant or | ||||||
9 | licensee to inform the Comptroller of any change of address | ||||||
10 | within 14 days, and such changes must be made either through | ||||||
11 | the Comptroller's website or by contacting the Comptroller. The | ||||||
12 | address of record shall be the permanent street address of the | ||||||
13 | crematory. | ||||||
14 | "Alternative container" means a receptacle, other than a | ||||||
15 | casket, in
which human remains are transported to the crematory | ||||||
16 | and placed in the
cremation chamber for cremation. An | ||||||
17 | alternative container shall be
(i) composed of readily | ||||||
18 | combustible or consumable materials suitable for cremation, | ||||||
19 | (ii) able
to be closed in order to provide a complete covering | ||||||
20 | for the human remains,
(iii) resistant to leakage or spillage, | ||||||
21 | (iv) rigid enough for handling with
ease, and (v) able to | ||||||
22 | provide protection for the health, safety, and personal
| ||||||
23 | integrity of crematory personnel.
| ||||||
24 | "Authorizing agent" means a person legally entitled to | ||||||
25 | order the cremation and final
disposition of specific human |
| |||||||
| |||||||
1 | remains.
| ||||||
2 | "Body parts" means limbs or other portions of the anatomy | ||||||
3 | that are
removed from a person or human remains for medical | ||||||
4 | purposes during treatment,
surgery, biopsy, autopsy, or | ||||||
5 | medical research; or human bodies or any portion
of bodies that | ||||||
6 | have been donated to science for medical research purposes.
| ||||||
7 | "Burial transit permit" means a permit for disposition of a | ||||||
8 | dead human
body as required by Illinois law.
| ||||||
9 | "Casket" means a rigid container that is designed for the | ||||||
10 | encasement of human
remains, is usually constructed of wood, | ||||||
11 | metal, or like material and ornamented
and lined with fabric, | ||||||
12 | and may or may not be combustible.
| ||||||
13 | "Change of ownership" means a transfer of more than 50% of | ||||||
14 | the stock or
assets of a crematory authority.
| ||||||
15 | "Comptroller" means the Comptroller of the State of | ||||||
16 | Illinois.
| ||||||
17 | "Cremated remains" means all human remains recovered after | ||||||
18 | the completion
of the cremation, which may possibly include the | ||||||
19 | residue of any foreign matter
including casket material, | ||||||
20 | bridgework, or eyeglasses, that was cremated with
the human | ||||||
21 | remains.
| ||||||
22 | "Cremation" means the technical process, using heat and | ||||||
23 | flame, or alkaline hydrolysis that
reduces human remains to | ||||||
24 | bone fragments. The reduction takes place through
heat and | ||||||
25 | evaporation or through hydrolysis . Cremation shall include the | ||||||
26 | processing, and may include
the pulverization, of the bone |
| |||||||
| |||||||
1 | fragments.
| ||||||
2 | "Cremation chamber" means the enclosed space within which | ||||||
3 | the cremation
takes place.
| ||||||
4 | "Cremation interment container" means a rigid outer | ||||||
5 | container that,
subject to a cemetery's rules and regulations, | ||||||
6 | is composed of concrete, steel,
fiberglass, or some similar | ||||||
7 | material in which an urn is placed prior to being
interred in | ||||||
8 | the ground, and which is designed to withstand prolonged | ||||||
9 | exposure
to the elements and to support the earth above the | ||||||
10 | urn.
| ||||||
11 | "Cremation room" means the room in which the cremation | ||||||
12 | chamber is located.
| ||||||
13 | "Crematory" means the building or portion of a building | ||||||
14 | that houses the
cremation room and the holding facility.
| ||||||
15 | "Crematory authority" means the legal entity which is | ||||||
16 | licensed by
the Comptroller to
operate a crematory and to | ||||||
17 | perform cremations.
| ||||||
18 | "Department" means the Illinois Department of Public | ||||||
19 | Health.
| ||||||
20 | "Final disposition" means the burial, cremation, or other | ||||||
21 | disposition of
a dead human body or parts of a dead human body.
| ||||||
22 | "Funeral director" means a person known by the title of | ||||||
23 | "funeral
director", "funeral director and embalmer", or other | ||||||
24 | similar words or
titles, licensed by the State to practice | ||||||
25 | funeral directing or funeral
directing and embalming.
| ||||||
26 | "Funeral establishment" means a building or separate |
| |||||||
| |||||||
1 | portion of a building
having a specific street address and | ||||||
2 | location and devoted to activities
relating to the shelter, | ||||||
3 | care, custody, and preparation of a deceased human
body and may | ||||||
4 | contain facilities for funeral or wake services.
| ||||||
5 | "Holding facility" means an area that (i) is designated for | ||||||
6 | the retention of
human remains prior to cremation, (ii) | ||||||
7 | complies with all applicable public
health law, (iii) preserves | ||||||
8 | the health and safety of the crematory authority
personnel, and | ||||||
9 | (iv) is secure from access by anyone other than authorized
| ||||||
10 | persons. A holding facility may be located in a cremation room.
| ||||||
11 | "Human remains" means the body of a deceased person, | ||||||
12 | including
any form of body prosthesis that has been permanently | ||||||
13 | attached or
implanted in the body.
| ||||||
14 | "Licensee" means an entity licensed under this Act. An | ||||||
15 | entity that holds itself as a licensee or that is accused of | ||||||
16 | unlicensed practice is considered a licensee for purposes of | ||||||
17 | enforcement, investigation, hearings, and the Illinois | ||||||
18 | Administrative Procedure Act. | ||||||
19 | "Niche" means a compartment or cubicle for the | ||||||
20 | memorialization and permanent
placement of an urn containing | ||||||
21 | cremated remains.
| ||||||
22 | "Person" means any person, partnership, association, | ||||||
23 | corporation, limited liability company, or other entity, and in | ||||||
24 | the case of any such business organization, its officers, | ||||||
25 | partners, members, or shareholders possessing 25% or more of | ||||||
26 | ownership of the entity. |
| |||||||
| |||||||
1 | "Processing" means the reduction of identifiable bone | ||||||
2 | fragments after the
completion of the cremation process to | ||||||
3 | unidentifiable bone fragments by manual
or mechanical means.
| ||||||
4 | "Pulverization" means the reduction of identifiable bone | ||||||
5 | fragments after the
completion of the cremation process to | ||||||
6 | granulated particles by manual or
mechanical means.
| ||||||
7 | "Scattering area" means an area which may be designated by | ||||||
8 | a cemetery and
located on dedicated cemetery property where | ||||||
9 | cremated remains, which have been
removed
from their container, | ||||||
10 | can be mixed with, or placed on top of, the soil or
ground | ||||||
11 | cover.
| ||||||
12 | "Temporary container" means a receptacle for cremated
| ||||||
13 | remains, usually composed of cardboard, plastic or similar | ||||||
14 | material, that
can be closed in a manner that prevents the | ||||||
15 | leakage or spillage of the
cremated remains or the entrance of | ||||||
16 | foreign material, and is a single
container of sufficient size | ||||||
17 | to hold the cremated remains until an urn is
acquired or the | ||||||
18 | cremated remains are scattered.
| ||||||
19 | "Urn" means a receptacle
designed to encase the cremated | ||||||
20 | remains.
| ||||||
21 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
22 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
23 | (Section scheduled to be repealed on January 1, 2021) | ||||||
24 | Sec. 5. Definitions. As used in this Act:
| ||||||
25 | "Address of record" means the designated address recorded |
| |||||||
| |||||||
1 | by the Comptroller Department in the applicant's or licensee's | ||||||
2 | application file or license file. It is the duty of the | ||||||
3 | applicant or licensee to inform the Comptroller Department of | ||||||
4 | any change of address within 14 days, and such changes must be | ||||||
5 | made either through the Comptroller's Department's website or | ||||||
6 | by contacting the Comptroller Department's licensure | ||||||
7 | maintenance unit . The address of record shall be the permanent | ||||||
8 | street address of the crematory. | ||||||
9 | "Alternative container" means a receptacle, other than a | ||||||
10 | casket, in
which human remains are transported to the crematory | ||||||
11 | and placed in the
cremation chamber for cremation. An | ||||||
12 | alternative container shall be
(i) composed of readily | ||||||
13 | combustible or consumable materials suitable for cremation, | ||||||
14 | (ii) able
to be closed in order to provide a complete covering | ||||||
15 | for the human remains,
(iii) resistant to leakage or spillage, | ||||||
16 | (iv) rigid enough for handling with
ease, and (v) able to | ||||||
17 | provide protection for the health, safety, and personal
| ||||||
18 | integrity of crematory personnel.
| ||||||
19 | "Authorizing agent" means a person legally entitled to | ||||||
20 | order the cremation and final
disposition of specific human | ||||||
21 | remains.
| ||||||
22 | "Body parts" means limbs or other portions of the anatomy | ||||||
23 | that are
removed from a person or human remains for medical | ||||||
24 | purposes during treatment,
surgery, biopsy, autopsy, or | ||||||
25 | medical research; or human bodies or any portion
of bodies that | ||||||
26 | have been donated to science for medical research purposes.
|
| |||||||
| |||||||
1 | "Burial transit permit" means a permit for disposition of a | ||||||
2 | dead human
body as required by Illinois law.
| ||||||
3 | "Casket" means a rigid container that is designed for the | ||||||
4 | encasement of human
remains, is usually constructed of wood, | ||||||
5 | metal, or like material and ornamented
and lined with fabric, | ||||||
6 | and may or may not be combustible.
| ||||||
7 | "Comptroller" means the Comptroller of the State of | ||||||
8 | Illinois.
| ||||||
9 | "Cremated remains" means all human remains recovered after | ||||||
10 | the completion
of the cremation, which may possibly include the | ||||||
11 | residue of any foreign matter
including casket material, | ||||||
12 | bridgework, or eyeglasses, that was cremated with
the human | ||||||
13 | remains.
| ||||||
14 | "Cremation" means the technical process, using heat and | ||||||
15 | flame, or alkaline hydrolysis that
reduces human remains to | ||||||
16 | bone fragments. The reduction takes place through
heat and | ||||||
17 | evaporation or through hydrolysis . Cremation shall include the | ||||||
18 | processing, and may include
the pulverization, of the bone | ||||||
19 | fragments.
| ||||||
20 | "Cremation chamber" means the enclosed space within which | ||||||
21 | the cremation
takes place.
| ||||||
22 | "Cremation interment container" means a rigid outer | ||||||
23 | container that,
subject to a cemetery's rules and regulations, | ||||||
24 | is composed of concrete, steel,
fiberglass, or some similar | ||||||
25 | material in which an urn is placed prior to being
interred in | ||||||
26 | the ground, and which is designed to withstand prolonged |
| |||||||
| |||||||
1 | exposure
to the elements and to support the earth above the | ||||||
2 | urn.
| ||||||
3 | "Cremation room" means the room in which the cremation | ||||||
4 | chamber is located.
| ||||||
5 | "Crematory" means the building or portion of a building | ||||||
6 | that houses the
cremation room and the holding facility.
| ||||||
7 | "Crematory authority" means the legal entity which is | ||||||
8 | licensed by
the Comptroller Department to
operate a crematory | ||||||
9 | and to perform cremations.
| ||||||
10 | "Department" means the Illinois Department of Financial | ||||||
11 | and Professional Regulation.
| ||||||
12 | "Final disposition" means the burial, cremation, or other | ||||||
13 | disposition of
a dead human body or parts of a dead human body.
| ||||||
14 | "Funeral director" means a person known by the title of | ||||||
15 | "funeral
director", "funeral director and embalmer", or other | ||||||
16 | similar words or
titles, licensed by the State to practice | ||||||
17 | funeral directing or funeral
directing and embalming.
| ||||||
18 | "Funeral establishment" means a building or separate | ||||||
19 | portion of a building
having a specific street address and | ||||||
20 | location and devoted to activities
relating to the shelter, | ||||||
21 | care, custody, and preparation of a deceased human
body and may | ||||||
22 | contain facilities for funeral or wake services.
| ||||||
23 | "Holding facility" means an area that (i) is designated for | ||||||
24 | the retention of
human remains prior to cremation, (ii) | ||||||
25 | complies with all applicable public
health law, (iii) preserves | ||||||
26 | the health and safety of the crematory authority
personnel, and |
| |||||||
| |||||||
1 | (iv) is secure from access by anyone other than authorized
| ||||||
2 | persons. A holding facility may be located in a cremation room.
| ||||||
3 | "Human remains" means the body of a deceased person, | ||||||
4 | including
any form of body prosthesis that has been permanently | ||||||
5 | attached or
implanted in the body.
| ||||||
6 | "Licensee" means an entity licensed under this Act. An | ||||||
7 | entity that holds itself as a licensee or that is accused of | ||||||
8 | unlicensed practice is considered a licensee for purposes of | ||||||
9 | enforcement, investigation, hearings, and the Illinois | ||||||
10 | Administrative Procedure Act. | ||||||
11 | "Niche" means a compartment or cubicle for the | ||||||
12 | memorialization and permanent
placement of an urn containing | ||||||
13 | cremated remains.
| ||||||
14 | "Person" means any person, partnership, association, | ||||||
15 | corporation, limited liability company, or other entity, and in | ||||||
16 | the case of any such business organization, its officers, | ||||||
17 | partners, members, or shareholders possessing 25% or more of | ||||||
18 | ownership of the entity. | ||||||
19 | "Processing" means the reduction of identifiable bone | ||||||
20 | fragments after the
completion of the cremation process to | ||||||
21 | unidentifiable bone fragments by manual
or mechanical means.
| ||||||
22 | "Pulverization" means the reduction of identifiable bone | ||||||
23 | fragments after the
completion of the cremation process to | ||||||
24 | granulated particles by manual or
mechanical means.
| ||||||
25 | "Scattering area" means an area which may be designated by | ||||||
26 | a cemetery and
located on dedicated cemetery property where |
| |||||||
| |||||||
1 | cremated remains, which have been
removed
from their container, | ||||||
2 | can be mixed with, or placed on top of, the soil or
ground | ||||||
3 | cover.
| ||||||
4 | "Secretary" means the Secretary of Financial and | ||||||
5 | Professional Regulation. | ||||||
6 | "Temporary container" means a receptacle for cremated
| ||||||
7 | remains, usually composed of cardboard, plastic or similar | ||||||
8 | material, that
can be closed in a manner that prevents the | ||||||
9 | leakage or spillage of the
cremated remains or the entrance of | ||||||
10 | foreign material, and is a single
container of sufficient size | ||||||
11 | to hold the cremated remains until an urn is
acquired or the | ||||||
12 | cremated remains are scattered.
| ||||||
13 | "Urn" means a receptacle
designed to encase the cremated | ||||||
14 | remains.
| ||||||
15 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
16 | (410 ILCS 18/7) | ||||||
17 | (This Section may contain text from a Public Act with a | ||||||
18 | delayed effective date ) | ||||||
19 | (Section scheduled to be repealed on January 1, 2021) | ||||||
20 | Sec. 7. Powers and duties of the Comptroller Department . | ||||||
21 | Subject to the provisions of this Act, the Comptroller | ||||||
22 | Department may exercise any of the following powers and duties: | ||||||
23 | (1) Authorize standards to ascertain the | ||||||
24 | qualifications and fitness of applicants for licensing as | ||||||
25 | licensed crematory authorities and pass upon the |
| |||||||
| |||||||
1 | qualifications of applicants for licensure. | ||||||
2 | (2) Examine and audit a licensed crematory authority's | ||||||
3 | records, crematory, or any other aspects of crematory | ||||||
4 | operation as the Comptroller Department deems appropriate. | ||||||
5 | (3) Investigate any and all unlicensed activity. | ||||||
6 | (4) Conduct hearings on proceedings to refuse to issue | ||||||
7 | licenses or to revoke, suspend, place on probation, | ||||||
8 | reprimand, or otherwise discipline licensees and to refuse | ||||||
9 | to issue licenses or to revoke, suspend, place on | ||||||
10 | probation, reprimand, or otherwise discipline licensees. | ||||||
11 | (5) Formulate rules required for the administration of | ||||||
12 | this Act. | ||||||
13 | (6) Maintain rosters of the names and addresses of all | ||||||
14 | licensees, and all entities whose licenses have been | ||||||
15 | suspended, revoked, or otherwise disciplined. These | ||||||
16 | rosters shall be available upon written request and payment | ||||||
17 | of the required fee as established by rule.
| ||||||
18 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
19 | (410 ILCS 18/10)
| ||||||
20 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
21 | (Section scheduled to be repealed on January 1, 2021) | ||||||
22 | Sec. 10.
Establishment of crematory and licensing of
| ||||||
23 | crematory authority.
| ||||||
24 | (a) Any person doing business in this State, or any | ||||||
25 | cemetery,
funeral establishment, corporation, partnership, |
| |||||||
| |||||||
1 | joint venture, voluntary
organization or any other entity, may | ||||||
2 | erect, maintain, and operate a
crematory in this State and | ||||||
3 | provide the necessary appliances and
facilities for the | ||||||
4 | cremation of human remains in accordance with this Act.
| ||||||
5 | (b) A crematory shall be subject to all local, State, and | ||||||
6 | federal health and
environmental protection requirements and | ||||||
7 | shall obtain all necessary licenses
and permits from the | ||||||
8 | Department of Public Health , the federal Department of Health | ||||||
9 | and Human
Services, and the Illinois and federal Environmental | ||||||
10 | Protection Agencies, or
such other appropriate local, State, or | ||||||
11 | federal agencies.
| ||||||
12 | (c) A crematory may be constructed on or adjacent to any | ||||||
13 | cemetery, on or
adjacent to any funeral establishment, or at | ||||||
14 | any other location consistent with
local zoning regulations.
| ||||||
15 | (d) An application for licensure as a crematory
authority | ||||||
16 | shall be in
writing on forms furnished by the Comptroller. | ||||||
17 | Applications shall be
accompanied by a reasonable fee | ||||||
18 | determined by rule of $50 and shall contain all of the | ||||||
19 | following:
| ||||||
20 | (1) The full name and address, both residence and | ||||||
21 | business, of the
applicant if the applicant is an | ||||||
22 | individual; the full name and address of
every member if | ||||||
23 | the applicant is a partnership; the full name and address | ||||||
24 | of
every member of the board of directors if the applicant | ||||||
25 | is an association; and
the name and address of every | ||||||
26 | officer, director, and shareholder holding more
than 25% of |
| |||||||
| |||||||
1 | the corporate stock if the applicant is a corporation.
| ||||||
2 | (2) The address and location of the crematory.
| ||||||
3 | (3) A description of the type of structure and | ||||||
4 | equipment to be used in
the operation of the crematory, | ||||||
5 | including the operating permit number issued
to the | ||||||
6 | cremation device by the Illinois Environmental Protection | ||||||
7 | Agency.
| ||||||
8 | (3.5) (Blank). Attestation by the owner that cremation | ||||||
9 | services shall
be by a person trained in accordance with | ||||||
10 | the requirements of Section 22 of
this Act.
| ||||||
11 | (3.10) (Blank). A copy of the certification or | ||||||
12 | certifications issued by the
certification program to the | ||||||
13 | person or persons who will operate the cremation
device.
| ||||||
14 | (4) Any further information that the Comptroller | ||||||
15 | reasonably may require as established by rule .
| ||||||
16 | (e) Each crematory authority shall file an annual report | ||||||
17 | with the
Comptroller, accompanied with a reasonable $25 fee as | ||||||
18 | determined by rule , providing
(i) an affidavit signed by the | ||||||
19 | owner of the crematory authority that at the
time
of the report | ||||||
20 | the cremation device was in proper operating condition,
(ii) | ||||||
21 | the total number of all cremations performed at the crematory
| ||||||
22 | during the past
year, (iii) attestation by the licensee that | ||||||
23 | all applicable permits and
certifications are
valid, and (iv) | ||||||
24 | either (A)
any changes required in the
information provided | ||||||
25 | under subsection (d) or (B) an indication that no changes have
| ||||||
26 | occurred , and (v) any other information that the Comptroller |
| |||||||
| |||||||
1 | may require as determined by rule . The annual report shall be | ||||||
2 | filed by a crematory authority on or
before March 15 of each | ||||||
3 | calendar year , in the Office of the Comptroller. If the
fiscal | ||||||
4 | year of a crematory authority is other than on a calendar year
| ||||||
5 | basis, then the crematory authority shall file the report | ||||||
6 | required by
this Section within 75 days after the end of its | ||||||
7 | fiscal year. The
Comptroller shall, for good cause shown, grant | ||||||
8 | an extension for the filing of
the annual report upon the | ||||||
9 | written request of the crematory authority. An
extension shall | ||||||
10 | not exceed 60 days . If the fiscal year of a crematory authority | ||||||
11 | is other than on a calendar year basis, then the crematory | ||||||
12 | authority shall file the report required by this Section within | ||||||
13 | 75 days after the end of its fiscal year. If a crematory | ||||||
14 | authority fails to
submit an annual report to the Comptroller | ||||||
15 | within the time specified in
this Section, the Comptroller | ||||||
16 | shall impose upon the crematory authority a
penalty as provided | ||||||
17 | by rule of $5 for each and every day the crematory authority | ||||||
18 | remains
delinquent in submitting the annual report. The | ||||||
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 Comptroller may inspect crematory records at the |
| |||||||
| |||||||
1 | crematory
authority's place of business to review
the
| ||||||
2 | licensee's compliance with this Act. The inspection must | ||||||
3 | 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 | Comptroller is
conspicuously
displayed
at
the crematory ; | ||||||
15 | and .
| ||||||
16 | (6) other details as determined by rule. | ||||||
17 | (h) The Comptroller shall issue licenses under this Act to | ||||||
18 | the crematories
that are
registered
with
the Comptroller as of | ||||||
19 | March 1, 2012 July 1, 2003 without requiring the previously | ||||||
20 | registered
crematories
to complete license applications.
| ||||||
21 | (Source: P.A. 92-419, eff. 1-1-02; 92-675, eff. 7-1-03.)
| ||||||
22 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
23 | (Section scheduled to be repealed on January 1, 2021) | ||||||
24 | Sec. 10.
Establishment of crematory and licensing of
| ||||||
25 | crematory authority.
|
| |||||||
| |||||||
1 | (a) Any person doing business in this State, or any | ||||||
2 | cemetery,
funeral establishment, corporation, partnership, | ||||||
3 | joint venture, voluntary
organization or any other entity, may | ||||||
4 | erect, maintain, and operate a
crematory in this State and | ||||||
5 | provide the necessary appliances and
facilities for the | ||||||
6 | cremation of human remains in accordance with this Act.
| ||||||
7 | (b) A crematory shall be subject to all local, State, and | ||||||
8 | federal health and
environmental protection requirements and | ||||||
9 | shall obtain all necessary licenses
and permits from the | ||||||
10 | Department of Financial and Professional Regulation, the | ||||||
11 | Department of Public Health, the federal Department of Health | ||||||
12 | and Human
Services, and the Illinois and federal Environmental | ||||||
13 | Protection Agencies, or
such other appropriate local, State, or | ||||||
14 | federal agencies.
| ||||||
15 | (c) A crematory may be constructed on or adjacent to any | ||||||
16 | cemetery, on or
adjacent to any funeral establishment, or at | ||||||
17 | any other location consistent with
local zoning regulations.
| ||||||
18 | (d) An application for licensure as a crematory
authority | ||||||
19 | shall be in
writing on forms furnished by the Comptroller | ||||||
20 | Department . Applications shall be
accompanied by a reasonable | ||||||
21 | fee determined by rule and shall contain all of the following:
| ||||||
22 | (1) The full name and address, both residence and | ||||||
23 | business, of the
applicant if the applicant is an | ||||||
24 | individual; the full name and address of
every member if | ||||||
25 | the applicant is a partnership; the full name and address | ||||||
26 | of
every member of the board of directors if the applicant |
| |||||||
| |||||||
1 | is an association; and
the name and address of every | ||||||
2 | officer, director, and shareholder holding more
than 25% of | ||||||
3 | the corporate stock if the applicant is a corporation.
| ||||||
4 | (2) The address and location of the crematory.
| ||||||
5 | (3) A description of the type of structure and | ||||||
6 | equipment to be used in
the operation of the crematory, | ||||||
7 | including the operating permit number issued
to the | ||||||
8 | cremation device by the Illinois Environmental Protection | ||||||
9 | Agency.
| ||||||
10 | (4) Any further information that the Comptroller | ||||||
11 | Department reasonably may require as established by rule.
| ||||||
12 | (e) Each crematory authority shall file an annual report | ||||||
13 | with the Comptroller
Department , accompanied with a reasonable | ||||||
14 | fee determined by rule, providing
(i) an affidavit signed by | ||||||
15 | the owner of the crematory authority that at the
time
of the | ||||||
16 | report the cremation device was in proper operating condition,
| ||||||
17 | (ii) the total number of all cremations performed at the | ||||||
18 | crematory
during the past
year, (iii) attestation by the | ||||||
19 | licensee that all applicable permits and
certifications are
| ||||||
20 | valid, (iv) either (A)
any changes required in the
information | ||||||
21 | provided under subsection (d) or (B) an indication that no | ||||||
22 | changes have
occurred, and (v) any other information that the | ||||||
23 | Department may require as established by rule. The annual | ||||||
24 | report shall be filed by a crematory authority on or
before | ||||||
25 | March 15 of each calendar year. If the fiscal year of a | ||||||
26 | crematory authority is other than on a calendar year basis, |
| |||||||
| |||||||
1 | then the crematory authority shall file the report required by | ||||||
2 | this Section within 75 days after the end of its fiscal year. | ||||||
3 | If a crematory authority fails to
submit an annual report to | ||||||
4 | the Comptroller Department within the time specified in
this | ||||||
5 | Section, the Comptroller Department shall impose upon the | ||||||
6 | crematory authority a
penalty as provided for by rule for each | ||||||
7 | and every day the crematory authority remains
delinquent in | ||||||
8 | submitting the annual report. The Comptroller Department may | ||||||
9 | abate all or
part of the penalty for good cause shown.
| ||||||
10 | (f) All records required to be maintained under this Act, | ||||||
11 | including but
not limited to those relating to the license and | ||||||
12 | annual
report of the
crematory authority required to be filed | ||||||
13 | under this Section, shall be
subject to inspection by the | ||||||
14 | Comptroller upon reasonable notice.
| ||||||
15 | (g) The Comptroller Department may inspect crematory | ||||||
16 | records at the crematory
authority's place of business to | ||||||
17 | review
the
licensee's compliance with this Act. The inspection | ||||||
18 | must include
verification that:
| ||||||
19 | (1) the crematory authority has complied with | ||||||
20 | record-keeping requirements
of this
Act;
| ||||||
21 | (2) a crematory device operator's certification of | ||||||
22 | training is
conspicuously
displayed at
the crematory;
| ||||||
23 | (3) the cremation device has a current operating permit | ||||||
24 | issued by the
Illinois
Environmental Protection Agency and | ||||||
25 | the permit is conspicuously displayed
in the crematory;
| ||||||
26 | (4) the crematory authority is in compliance with local |
| |||||||
| |||||||
1 | zoning
requirements; and
| ||||||
2 | (5) the crematory authority license issued by the | ||||||
3 | Comptroller Department is
conspicuously
displayed
at
the | ||||||
4 | crematory.
| ||||||
5 | (6) other details as determined by rule. | ||||||
6 | (h) The Comptroller Department shall issue licenses under | ||||||
7 | this Act to the crematories
that are
registered
with
the | ||||||
8 | Comptroller as of on March 1, 2012 without requiring the | ||||||
9 | previously registered
crematories
to complete license | ||||||
10 | applications.
| ||||||
11 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
12 | (410 ILCS 18/11)
| ||||||
13 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
14 | (Section scheduled to be repealed on January 1, 2021) | ||||||
15 | Sec. 11.
Grounds for denial or discipline refusal of | ||||||
16 | license or suspension or revocation of
license .
| ||||||
17 | (a) In this Section, "applicant" means a person who has | ||||||
18 | applied for a
license
under
this Act , including those persons | ||||||
19 | whose names are listed on a license application in Section 10 | ||||||
20 | of this Act .
| ||||||
21 | (b) The Comptroller may refuse to issue a license, place on | ||||||
22 | probation, reprimand, or take other appropriate disciplinary | ||||||
23 | action that the Comptroller may deem appropriate, including | ||||||
24 | fines not to exceed $10,000 for each violation, with regard to | ||||||
25 | any license under this Act, or may
suspend
or revoke a license |
| |||||||
| |||||||
1 | issued under this Act, on any of the following grounds:
| ||||||
2 | (1) The applicant or licensee has made any | ||||||
3 | misrepresentation or false
statement or concealed any | ||||||
4 | material fact in furnishing information to the Comptroller | ||||||
5 | in connection with a license
application or licensure under | ||||||
6 | this Act .
| ||||||
7 | (2) The applicant or licensee has been engaged in | ||||||
8 | business practices that
work a fraud.
| ||||||
9 | (3) The applicant or licensee has refused to give | ||||||
10 | information required
under this Act to be disclosed to the
| ||||||
11 | Comptroller or failing, within 30 days, to provide | ||||||
12 | information in response to a written request made by the | ||||||
13 | Comptroller .
| ||||||
14 | (4) Engaging in dishonorable, unethical, or | ||||||
15 | unprofessional conduct of a character likely to deceive, | ||||||
16 | defraud, or harm the public. The applicant or licensee has | ||||||
17 | conducted or is about to conduct
cremation
business in a | ||||||
18 | fraudulent manner.
| ||||||
19 | (5) As to any individual listed in the license | ||||||
20 | application as required
under Section 10, that individual | ||||||
21 | has conducted or is about to conduct any
cremation business | ||||||
22 | on behalf of the applicant in a fraudulent manner or has
| ||||||
23 | been
convicted
of any felony or misdemeanor an essential | ||||||
24 | element of which is fraud.
| ||||||
25 | (6) The applicant or licensee has failed to make the | ||||||
26 | annual report
required
by this Act or to comply with a |
| |||||||
| |||||||
1 | final order, decision, or finding of the
Comptroller
made | ||||||
2 | under this Act.
| ||||||
3 | (7) The applicant or licensee, including any member, | ||||||
4 | officer, or director
of
the applicant or licensee if the | ||||||
5 | applicant or licensee is a firm, partnership,
association, | ||||||
6 | or corporation and including any shareholder holding more | ||||||
7 | than 25%
of the corporate stock of the applicant or | ||||||
8 | licensee, has violated any provision
of
this Act or any | ||||||
9 | regulation or order made by the Comptroller under this Act.
| ||||||
10 | (8) The Comptroller finds any fact or condition | ||||||
11 | existing that, if it had
existed at the time of the | ||||||
12 | original application for a license under this Act,
would
| ||||||
13 | have warranted the Comptroller in refusing the issuance of | ||||||
14 | the license.
| ||||||
15 | (9) Any violation of this Act or of the rules adopted | ||||||
16 | under this Act. | ||||||
17 | (10) Incompetence. | ||||||
18 | (11) Gross malpractice. | ||||||
19 | (12) Discipline by another state, District of
| ||||||
20 | Columbia, territory, or foreign nation, if at least one of | ||||||
21 | the grounds for the discipline is the same or substantially | ||||||
22 | equivalent to those set forth in this Section. | ||||||
23 | (13) Directly or indirectly giving to or receiving
from | ||||||
24 | any person, firm, corporation, partnership, or association | ||||||
25 | any fee, commission, rebate, or other form of compensation | ||||||
26 | for professional services not actually or personally |
| |||||||
| |||||||
1 | rendered. | ||||||
2 | (14) A finding by the Comptroller that the licensee, | ||||||
3 | after having its license placed on probationary status, has | ||||||
4 | violated the terms of probation. | ||||||
5 | (15) Willfully making or filing false records or
| ||||||
6 | reports, including, but not limited to, false records filed | ||||||
7 | with State agencies or departments. | ||||||
8 | (16) Gross, willful, or continued overcharging for
| ||||||
9 | professional services, including filing false statements | ||||||
10 | for collection of fees for which services are not rendered. | ||||||
11 | (17) Practicing under a false or, except as provided
by | ||||||
12 | law, an assumed name.
| ||||||
13 | (18) Cheating on or attempting to subvert this Act's
| ||||||
14 | licensing application process. | ||||||
15 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
16 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
17 | (Section scheduled to be repealed on January 1, 2021) | ||||||
18 | Sec. 11.
Grounds for denial or discipline.
| ||||||
19 | (a) In this Section, "applicant" means a person who has | ||||||
20 | applied for a
license
under
this Act including those persons | ||||||
21 | whose names are listed on a license application in Section 10 | ||||||
22 | of this Act.
| ||||||
23 | (b) The Comptroller Department may refuse to issue a | ||||||
24 | license, place on probation, reprimand, or take other | ||||||
25 | disciplinary action that the Comptroller Department may deem |
| |||||||
| |||||||
1 | appropriate, including imposing fines not to exceed $10,000 for | ||||||
2 | each violation, with regard to any license under this Act, or | ||||||
3 | may
suspend
or revoke a license issued under this Act, on any | ||||||
4 | of the following grounds:
| ||||||
5 | (1) The applicant or licensee has made any | ||||||
6 | misrepresentation or false
statement or concealed any | ||||||
7 | material fact in furnishing information to the Comptroller | ||||||
8 | Department .
| ||||||
9 | (2) The applicant or licensee has been engaged in | ||||||
10 | business practices that
work a fraud.
| ||||||
11 | (3) The applicant or licensee has refused to give | ||||||
12 | information required
under this Act to be disclosed to the | ||||||
13 | Comptroller
Department or failing, within 30 days, to | ||||||
14 | provide information in response to a written request made | ||||||
15 | by the Comptroller Department .
| ||||||
16 | (4) Engaging in dishonorable, unethical, or | ||||||
17 | unprofessional conduct of a character likely to deceive, | ||||||
18 | defraud, or harm the public.
| ||||||
19 | (5) As to any individual listed in the license | ||||||
20 | application as required
under Section 10, that individual | ||||||
21 | has conducted or is about to conduct any
cremation business | ||||||
22 | on behalf of the applicant in a fraudulent manner or has
| ||||||
23 | been
convicted
of any felony or misdemeanor an essential | ||||||
24 | element of which is fraud.
| ||||||
25 | (6) The applicant or licensee has failed to make the | ||||||
26 | annual report
required
by this Act or to comply with a |
| |||||||
| |||||||
1 | final order, decision, or finding of the Comptroller
| ||||||
2 | Department
made under this Act.
| ||||||
3 | (7) The applicant or licensee, including any member, | ||||||
4 | officer, or director
of
the applicant or licensee if the | ||||||
5 | applicant or licensee is a firm, partnership,
association, | ||||||
6 | or corporation and including any shareholder holding more | ||||||
7 | than 25%
of the corporate stock of the applicant or | ||||||
8 | licensee, has violated any provision
of
this Act or any | ||||||
9 | regulation or order made by the Comptroller Department | ||||||
10 | under this Act.
| ||||||
11 | (8) The Comptroller Department finds any fact or | ||||||
12 | condition existing that, if it had
existed at the time of | ||||||
13 | the original application for a license under this Act,
| ||||||
14 | would
have warranted the Comptroller in refusing the | ||||||
15 | issuance of the license.
| ||||||
16 | (9) Any violation of this Act or of the rules adopted | ||||||
17 | under this Act. | ||||||
18 | (10) Incompetence. | ||||||
19 | (11) Gross malpractice. | ||||||
20 | (12) Discipline by another state, District of | ||||||
21 | Columbia, territory, or foreign nation, if at least one of | ||||||
22 | the grounds for the discipline is the same or substantially | ||||||
23 | equivalent to those set forth in this Section. | ||||||
24 | (13) Directly or indirectly giving to or receiving from | ||||||
25 | any person, firm, corporation, partnership, or association | ||||||
26 | any fee, commission, rebate, or other form of compensation |
| |||||||
| |||||||
1 | for professional services not actually or personally | ||||||
2 | rendered. | ||||||
3 | (14) A finding by the Comptroller Department that the | ||||||
4 | licensee, after having its license placed on probationary | ||||||
5 | status, has violated the terms of probation. | ||||||
6 | (15) Willfully making or filing false records or | ||||||
7 | reports, including, but not limited to, false records filed | ||||||
8 | with State agencies or departments. | ||||||
9 | (16) Gross, willful, or continued overcharging for | ||||||
10 | professional services, including filing false statements | ||||||
11 | for collection of fees for which services are not rendered. | ||||||
12 | (17) Practicing under a false or, except as provided by
| ||||||
13 | law, an assumed name. | ||||||
14 | (18) Cheating on or attempting to subvert this Act's | ||||||
15 | licensing application process. | ||||||
16 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
17 | (410 ILCS 18/11.5)
| ||||||
18 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
19 | (Section scheduled to be repealed on January 1, 2021) | ||||||
20 | Sec. 11.5. License revocation or suspension; surrender of | ||||||
21 | license.
| ||||||
22 | (a) (Blank). Upon determining that grounds exist for the | ||||||
23 | revocation or suspension of
a
license issued under this Act, | ||||||
24 | the Comptroller, if appropriate, may revoke or
suspend the
| ||||||
25 | license issued to the licensee.
|
| |||||||
| |||||||
1 | (b) Upon the revocation or suspension of a license issued | ||||||
2 | under this Act,
the
licensee must immediately surrender the | ||||||
3 | license to the Comptroller. If the
licensee fails to
do so, the | ||||||
4 | Comptroller may seize the license.
| ||||||
5 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
6 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
7 | (Section scheduled to be repealed on January 1, 2021) | ||||||
8 | Sec. 11.5. License revocation or suspension; surrender of | ||||||
9 | license.
| ||||||
10 | (a) (Blank).
| ||||||
11 | (b) Upon the revocation or suspension of a license issued | ||||||
12 | under this Act,
the
licensee must immediately surrender the | ||||||
13 | license to the Comptroller Department . If the
licensee fails to
| ||||||
14 | do so, the Comptroller Department may seize the license.
| ||||||
15 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
16 | (410 ILCS 18/13)
| ||||||
17 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
18 | (Section scheduled to be repealed on January 1, 2021) | ||||||
19 | Sec. 13. License; display; transfer; duration.
| ||||||
20 | (a) Every license issued under this Act must state the | ||||||
21 | number of the
license, the
business name and address of the | ||||||
22 | licensee's principal place of business, and
the licensee's
| ||||||
23 | parent company, if any. The license must be conspicuously | ||||||
24 | posted in the place
of business
operating under the license.
|
| |||||||
| |||||||
1 | (b) After initial licensure, if any person comes to obtain | ||||||
2 | at least 51% of the ownership over the licensed crematory | ||||||
3 | authority, then the crematory authority shall apply for a new | ||||||
4 | license in the required time as set out by rule. No license is | ||||||
5 | transferable or assignable without the express
written
consent | ||||||
6 | of the Comptroller. A transfer of more than 50% of the | ||||||
7 | ownership of any
business licensed under this Act shall be | ||||||
8 | deemed to be an attempted assignment
of
the license
originally | ||||||
9 | issued to the licensee for whom consent of the Comptroller is
| ||||||
10 | required.
| ||||||
11 | (c) Every license issued under this Act shall remain in | ||||||
12 | force until it has
been
surrendered, suspended, or revoked in | ||||||
13 | accordance with this Act.
Upon
the request of an interested | ||||||
14 | person or on the Comptroller's own motion, the
Comptroller may
| ||||||
15 | issue a new
license to a licensee whose license has been | ||||||
16 | revoked under this Act if no
factor or
condition then exists | ||||||
17 | which would have warranted the Comptroller in
originally | ||||||
18 | refusing
the issuance of the license.
| ||||||
19 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
20 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
21 | (Section scheduled to be repealed on January 1, 2021) | ||||||
22 | Sec. 13. License; display; transfer; duration.
| ||||||
23 | (a) Every license issued under this Act must state the | ||||||
24 | number of the
license, the
business name and address of the | ||||||
25 | licensee's principal place of business, and
the licensee's
|
| |||||||
| |||||||
1 | parent company, if any. The license must be conspicuously | ||||||
2 | posted in the place
of business
operating under the license.
| ||||||
3 | (b) After initial licensure, if any person comes to obtain | ||||||
4 | at least 51% 25% of the ownership over the licensed crematory | ||||||
5 | authority, then the crematory authority shall have to apply for | ||||||
6 | a new license and receive licensure in the required time as set | ||||||
7 | out by rule.
| ||||||
8 | (c) Every license issued under this Act shall remain in | ||||||
9 | force until it has
been
surrendered, suspended, or revoked in | ||||||
10 | accordance with this Act.
Upon
the request of an interested | ||||||
11 | person or on the Comptroller's Department's own motion, the | ||||||
12 | Comptroller Department
may
issue a new
license to a licensee | ||||||
13 | whose license has been revoked under this Act if no
factor or
| ||||||
14 | condition then exists which would have warranted the | ||||||
15 | Comptroller Department in
originally refusing
the issuance of | ||||||
16 | the license.
| ||||||
17 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
18 | (410 ILCS 18/14)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2021)
| ||||||
20 | Sec. 14. Display of cremation device permit. A crematory | ||||||
21 | authority must
conspicuously display in its place of business | ||||||
22 | the operating permit issued to
its cremation
device by the | ||||||
23 | Illinois Environmental Protection Agency and the license | ||||||
24 | issued by the Comptroller under this Act . All rulemaking
| ||||||
25 | authority in connection with such operating permits issued by |
| |||||||
| |||||||
1 | the Illinois Environmental Protection Agency shall be vested | ||||||
2 | with the
Illinois Environmental Protection Agency and all | ||||||
3 | rulemaking authority in connection with licenses issued by the | ||||||
4 | Comptroller under this Act shall be vested with the | ||||||
5 | Comptroller .
| ||||||
6 | (Source: P.A. 92-675, eff. 7-1-03 .)
| ||||||
7 | (410 ILCS 18/20)
| ||||||
8 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
9 | (Section scheduled to be repealed on January 1, 2021) | ||||||
10 | Sec. 20. Authorization to cremate.
| ||||||
11 | (a) A crematory authority shall not cremate human remains | ||||||
12 | until it
has received all of the following:
| ||||||
13 | (1) A cremation authorization form signed by an | ||||||
14 | authorizing agent. The
cremation authorization form shall | ||||||
15 | be provided by the crematory authority and
shall contain, | ||||||
16 | at a minimum, the following information:
| ||||||
17 | (A) The identity of the human remains and the time | ||||||
18 | and date of death.
| ||||||
19 | (B) The name of the funeral director and or funeral | ||||||
20 | establishment , if applicable, that
obtained the | ||||||
21 | cremation authorization.
| ||||||
22 | (C) Notification as to whether the death occurred | ||||||
23 | from a disease
declared by the Department of Health to | ||||||
24 | be infectious, contagious,
communicable, or dangerous | ||||||
25 | to the public health.
|
| |||||||
| |||||||
1 | (D) The name of the authorizing agent and the
| ||||||
2 | relationship between the authorizing agent and the | ||||||
3 | decedent.
| ||||||
4 | (E) A representation that the authorizing agent | ||||||
5 | does in fact have the
right to authorize the cremation | ||||||
6 | of the decedent, and that the authorizing
agent is not | ||||||
7 | aware of any living person who has a superior priority | ||||||
8 | right
to that of the authorizing agent, as set forth in | ||||||
9 | Section 15. In the
event there is another living person | ||||||
10 | who has a superior priority
right to that of the | ||||||
11 | authorizing agent, the form shall contain a | ||||||
12 | representation
that the authorizing agent has made all | ||||||
13 | reasonable efforts to contact that
person, has been | ||||||
14 | unable to do so, and has no reason to
believe that the | ||||||
15 | person would object to the cremation of the decedent.
| ||||||
16 | (F) Authorization for the crematory authority to | ||||||
17 | cremate the human
remains.
| ||||||
18 | (G) A representation that the human remains do not | ||||||
19 | contain a pacemaker
or any other material or implant | ||||||
20 | that may be potentially hazardous or cause
damage to | ||||||
21 | the cremation chamber or the person performing the | ||||||
22 | cremation.
| ||||||
23 | (H) The name of the person authorized to receive | ||||||
24 | the cremated remains
from the crematory authority.
| ||||||
25 | (I) The manner in which final disposition of the | ||||||
26 | cremated remains is to
take place, if known. If the |
| |||||||
| |||||||
1 | cremation authorization form does not specify
final | ||||||
2 | disposition in a grave, crypt, niche, or scattering | ||||||
3 | area, then the form
may indicate that the cremated | ||||||
4 | remains will be held by the crematory authority
for 30 | ||||||
5 | days before they are released, unless they are picked | ||||||
6 | up from the
crematory authority prior to that time, in | ||||||
7 | person, by the authorizing agent. At
the end of the 30 | ||||||
8 | days the crematory authority may return the cremated | ||||||
9 | remains
to the authorizing agent if no final | ||||||
10 | disposition arrangements are
made; or at the end of 60 | ||||||
11 | days the crematory authority may dispose of the
| ||||||
12 | cremated remains in accordance with subsection (d) of | ||||||
13 | Section 40.
| ||||||
14 | (J) A listing of any items of value to be delivered | ||||||
15 | to the crematory
authority along with the human | ||||||
16 | remains, and instructions as to how the items
should be | ||||||
17 | handled.
| ||||||
18 | (K) A specific statement as to whether the | ||||||
19 | authorizing agent has made
arrangements for any type of | ||||||
20 | viewing of the decedent before cremation, or for
a | ||||||
21 | service with the decedent present before cremation in | ||||||
22 | connection with the
cremation, and if so, the date and | ||||||
23 | time of the viewing or service and whether
the | ||||||
24 | crematory authority is authorized to proceed with the | ||||||
25 | cremation upon
receipt of the human remains.
| ||||||
26 | (L) The signature of the authorizing agent, |
| |||||||
| |||||||
1 | attesting to
the accuracy of all representations | ||||||
2 | contained on the cremation authorization
form, except | ||||||
3 | as set forth in paragraph (M) of this subsection.
| ||||||
4 | (M) If a cremation authorization form is being | ||||||
5 | executed on a pre-need
basis, the cremation | ||||||
6 | authorization form shall contain the disclosure | ||||||
7 | required
by subsection (b) of Section 140 65 .
| ||||||
8 | (N) The cremation authorization form, other than | ||||||
9 | pre-need cremation
forms, shall also be signed by a | ||||||
10 | funeral director or other representative of
the | ||||||
11 | funeral establishment that obtained the cremation | ||||||
12 | authorization. That
individual shall merely execute | ||||||
13 | the cremation authorization form as a witness
and shall | ||||||
14 | not be responsible for any of the representations made | ||||||
15 | by the
authorizing agent, unless the individual has | ||||||
16 | actual knowledge to the contrary.
The information | ||||||
17 | requested by items (A), (B), (C) and (G) of this | ||||||
18 | subsection,
however, shall be considered to be | ||||||
19 | representations of the authorizing agent.
In addition, | ||||||
20 | the funeral director or funeral establishment shall | ||||||
21 | warrant to the
crematory that the human remains | ||||||
22 | delivered to the crematory authority are the
human | ||||||
23 | remains identified on the cremation authorization | ||||||
24 | form.
| ||||||
25 | (2) A completed and executed burial transit permit | ||||||
26 | indicating that the
human remains are to be cremated.
|
| |||||||
| |||||||
1 | (3) Any other documentation required by this State.
| ||||||
2 | (b) If an authorizing agent is not available to execute a | ||||||
3 | cremation
authorization form in person, that person may | ||||||
4 | delegate that authority to
another person in writing, or by | ||||||
5 | sending the crematory authority a facsimile
transmission that | ||||||
6 | contains the name, address, and relationship of the sender to
| ||||||
7 | the decedent and the name and address of the individual to whom | ||||||
8 | authority is
delegated. Upon receipt of the written document, | ||||||
9 | or facsimile
transmission, telegram, or other electronic | ||||||
10 | telecommunications transmission
which specifies the individual | ||||||
11 | to whom authority has been delegated, the
crematory authority | ||||||
12 | shall allow this individual to serve as the authorizing
agent | ||||||
13 | and to execute the cremation authorization form. The crematory
| ||||||
14 | authority shall be entitled to rely upon the cremation | ||||||
15 | authorization form
without liability.
| ||||||
16 | (c) An authorizing agent who signs a cremation | ||||||
17 | authorization form shall be
deemed to warrant the truthfulness | ||||||
18 | of any facts set forth on the cremation
authorization form, | ||||||
19 | including that person's authority to order the cremation;
| ||||||
20 | except for the information required by items (C) and (G) of | ||||||
21 | paragraph (1) of
subsection (a) of this Section, unless the | ||||||
22 | authorizing agent has actual
knowledge to the contrary. An | ||||||
23 | authorizing agent signing a cremation
authorization form shall | ||||||
24 | be personally and individually liable for all damages
| ||||||
25 | occasioned by and resulting from authorizing the cremation.
| ||||||
26 | (d) A crematory authority shall have authority to cremate |
| |||||||
| |||||||
1 | human remains upon
the receipt of a cremation authorization | ||||||
2 | form signed by an authorizing agent.
There shall be no | ||||||
3 | liability for a crematory authority that cremates human
remains | ||||||
4 | according to an authorization, or that releases or disposes of | ||||||
5 | the
cremated remains according to an authorization, except for | ||||||
6 | a crematory
authority's gross negligence, provided that the | ||||||
7 | crematory authority performs
its functions in compliance with | ||||||
8 | this Act.
| ||||||
9 | (e) After an authorizing agent has executed a cremation | ||||||
10 | authorization form,
the authorizing agent may revoke the | ||||||
11 | authorization and instruct the crematory
authority to cancel | ||||||
12 | the cremation and to release or deliver the human remains
to | ||||||
13 | another crematory authority or funeral establishment. The | ||||||
14 | instructions
shall be provided to the crematory authority in | ||||||
15 | writing. A crematory authority
shall honor any instructions | ||||||
16 | given to it by an authorizing agent under this
Section if it | ||||||
17 | receives the instructions prior to beginning the cremation of | ||||||
18 | the
human remains.
| ||||||
19 | (Source: P.A. 87-1187.)
| ||||||
20 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
21 | (Section scheduled to be repealed on January 1, 2021) | ||||||
22 | Sec. 20. Authorization to cremate.
| ||||||
23 | (a) A crematory authority shall not cremate human remains | ||||||
24 | until it
has received all of the following:
| ||||||
25 | (1) A cremation authorization form signed by an |
| |||||||
| |||||||
1 | authorizing agent. The
cremation authorization form shall | ||||||
2 | be provided by the crematory authority and
shall contain, | ||||||
3 | at a minimum, the following information:
| ||||||
4 | (A) The identity of the human remains and the time | ||||||
5 | and date of death.
| ||||||
6 | (B) The name of the funeral director and funeral | ||||||
7 | establishment, if applicable, that
obtained the | ||||||
8 | cremation authorization.
| ||||||
9 | (C) Notification as to whether the death occurred | ||||||
10 | from a disease
declared by the Department of Health to | ||||||
11 | be infectious, contagious,
communicable, or dangerous | ||||||
12 | to the public health.
| ||||||
13 | (D) The name of the authorizing agent and the
| ||||||
14 | relationship between the authorizing agent and the | ||||||
15 | decedent.
| ||||||
16 | (E) A representation that the authorizing agent | ||||||
17 | does in fact have the
right to authorize the cremation | ||||||
18 | of the decedent, and that the authorizing
agent is not | ||||||
19 | aware of any living person who has a superior priority | ||||||
20 | right
to that of the authorizing agent, as set forth in | ||||||
21 | Section 15. In the
event there is another living person | ||||||
22 | who has a superior priority
right to that of the | ||||||
23 | authorizing agent, the form shall contain a | ||||||
24 | representation
that the authorizing agent has made all | ||||||
25 | reasonable efforts to contact that
person, has been | ||||||
26 | unable to do so, and has no reason to
believe that the |
| |||||||
| |||||||
1 | person would object to the cremation of the decedent.
| ||||||
2 | (F) Authorization for the crematory authority to | ||||||
3 | cremate the human
remains.
| ||||||
4 | (G) A representation that the human remains do not | ||||||
5 | contain a pacemaker
or any other material or implant | ||||||
6 | that may be potentially hazardous or cause
damage to | ||||||
7 | the cremation chamber or the person performing the | ||||||
8 | cremation.
| ||||||
9 | (H) The name of the person authorized to receive | ||||||
10 | the cremated remains
from the crematory authority.
| ||||||
11 | (I) The manner in which final disposition of the | ||||||
12 | cremated remains is to
take place, if known. If the | ||||||
13 | cremation authorization form does not specify
final | ||||||
14 | disposition in a grave, crypt, niche, or scattering | ||||||
15 | area, then the form
may indicate that the cremated | ||||||
16 | remains will be held by the crematory authority
for 30 | ||||||
17 | days before they are released, unless they are picked | ||||||
18 | up from the
crematory authority prior to that time, in | ||||||
19 | person, by the authorizing agent. At
the end of the 30 | ||||||
20 | days the crematory authority may return the cremated | ||||||
21 | remains
to the authorizing agent if no final | ||||||
22 | disposition arrangements are
made; or at the end of 60 | ||||||
23 | days the crematory authority may dispose of the
| ||||||
24 | cremated remains in accordance with subsection (d) of | ||||||
25 | Section 40.
| ||||||
26 | (J) A listing of any items of value to be delivered |
| |||||||
| |||||||
1 | to the crematory
authority along with the human | ||||||
2 | remains, and instructions as to how the items
should be | ||||||
3 | handled.
| ||||||
4 | (K) A specific statement as to whether the | ||||||
5 | authorizing agent has made
arrangements for any type of | ||||||
6 | viewing of the decedent before cremation, or for
a | ||||||
7 | service with the decedent present before cremation in | ||||||
8 | connection with the
cremation, and if so, the date and | ||||||
9 | time of the viewing or service and whether
the | ||||||
10 | crematory authority is authorized to proceed with the | ||||||
11 | cremation upon
receipt of the human remains.
| ||||||
12 | (L) The signature of the authorizing agent, | ||||||
13 | attesting to
the accuracy of all representations | ||||||
14 | contained on the cremation authorization
form, except | ||||||
15 | as set forth in paragraph (M) of this subsection.
| ||||||
16 | (M) If a cremation authorization form is being | ||||||
17 | executed on a pre-need
basis, the cremation | ||||||
18 | authorization form shall contain the disclosure | ||||||
19 | required
by subsection (b) of Section 140.
| ||||||
20 | (N) The cremation authorization form, other than | ||||||
21 | pre-need cremation
forms, shall also be signed by a | ||||||
22 | funeral director or other representative of
the | ||||||
23 | funeral establishment that obtained the cremation | ||||||
24 | authorization. That
individual shall merely execute | ||||||
25 | the cremation authorization form as a witness
and shall | ||||||
26 | not be responsible for any of the representations made |
| |||||||
| |||||||
1 | by the
authorizing agent, unless the individual has | ||||||
2 | actual knowledge to the contrary.
The information | ||||||
3 | requested by items (A), (B), (C) and (G) of this | ||||||
4 | subsection,
however, shall be considered to be | ||||||
5 | representations of the authorizing agent.
In addition, | ||||||
6 | the funeral director or funeral establishment shall | ||||||
7 | warrant to the
crematory that the human remains | ||||||
8 | delivered to the crematory authority are the
human | ||||||
9 | remains identified on the cremation authorization | ||||||
10 | form.
| ||||||
11 | (2) A completed and executed burial transit permit | ||||||
12 | indicating that the
human remains are to be cremated.
| ||||||
13 | (3) Any other documentation required by this State.
| ||||||
14 | (b) If an authorizing agent is not available to execute a | ||||||
15 | cremation
authorization form in person, that person may | ||||||
16 | delegate that authority to
another person in writing, or by | ||||||
17 | sending the crematory authority a facsimile
transmission that | ||||||
18 | contains the name, address, and relationship of the sender to
| ||||||
19 | the decedent and the name and address of the individual to whom | ||||||
20 | authority is
delegated. Upon receipt of the written document, | ||||||
21 | or facsimile
transmission, telegram, or other electronic | ||||||
22 | telecommunications transmission
which specifies the individual | ||||||
23 | to whom authority has been delegated, the
crematory authority | ||||||
24 | shall allow this individual to serve as the authorizing
agent | ||||||
25 | and to execute the cremation authorization form. The crematory
| ||||||
26 | authority shall be entitled to rely upon the cremation |
| |||||||
| |||||||
1 | authorization form
without liability.
| ||||||
2 | (c) An authorizing agent who signs a cremation | ||||||
3 | authorization form shall be
deemed to warrant the truthfulness | ||||||
4 | of any facts set forth on the cremation
authorization form, | ||||||
5 | including that person's authority to order the cremation;
| ||||||
6 | except for the information required by items (C) and (G) of | ||||||
7 | paragraph (1) of
subsection (a) of this Section, unless the | ||||||
8 | authorizing agent has actual
knowledge to the contrary. An | ||||||
9 | authorizing agent signing a cremation
authorization form shall | ||||||
10 | be personally and individually liable for all damages
| ||||||
11 | occasioned by and resulting from authorizing the cremation.
| ||||||
12 | (d) A crematory authority shall have authority to cremate | ||||||
13 | human remains upon
the receipt of a cremation authorization | ||||||
14 | form signed by an authorizing agent.
There shall be no | ||||||
15 | liability for a crematory authority that cremates human
remains | ||||||
16 | according to an authorization, or that releases or disposes of | ||||||
17 | the
cremated remains according to an authorization, except for | ||||||
18 | a crematory
authority's gross negligence, provided that the | ||||||
19 | crematory authority performs
its functions in compliance with | ||||||
20 | this Act.
| ||||||
21 | (e) After an authorizing agent has executed a cremation | ||||||
22 | authorization form,
the authorizing agent may revoke the | ||||||
23 | authorization and instruct the crematory
authority to cancel | ||||||
24 | the cremation and to release or deliver the human remains
to | ||||||
25 | another crematory authority or funeral establishment. The | ||||||
26 | instructions
shall be provided to the crematory authority in |
| |||||||
| |||||||
1 | writing. A crematory authority
shall honor any instructions | ||||||
2 | given to it by an authorizing agent under this
Section if it | ||||||
3 | receives the instructions prior to beginning the cremation of | ||||||
4 | the
human remains.
| ||||||
5 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
6 | (410 ILCS 18/22)
| ||||||
7 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
8 | (Section scheduled to be repealed on January 1, 2021) | ||||||
9 | Sec. 22. Performance of cremation service; training. A | ||||||
10 | person may not
perform a cremation service in this State unless | ||||||
11 | he or she has completed
training in performing cremation | ||||||
12 | services and received certification by a
program recognized by | ||||||
13 | the Comptroller. The crematory authority must
conspicuously | ||||||
14 | display the certification at the crematory authority's place of
| ||||||
15 | business. Any new employee shall have a reasonable time period, | ||||||
16 | as determined by rule not
to exceed one year , to attend a | ||||||
17 | recognized training program. In the interim,
the new employee | ||||||
18 | may perform a cremation service if he or she has received
| ||||||
19 | training from another person who has received certification by | ||||||
20 | a program
recognized by the Comptroller and is under the | ||||||
21 | supervision of the trained person . For purposes of this Act, | ||||||
22 | the Comptroller may shall
recognize any training program that | ||||||
23 | provides training in the operation of a
cremation device, in | ||||||
24 | the maintenance of a clean facility, and in the proper
handling | ||||||
25 | of human remains. The Comptroller may shall recognize any |
| |||||||
| |||||||
1 | course that is
conducted by a death care trade association in | ||||||
2 | Illinois or the United States or
by a manufacturer of a | ||||||
3 | cremation unit that is consistent with the standards
provided | ||||||
4 | in this Act or as otherwise determined by rule .
| ||||||
5 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
6 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
7 | (Section scheduled to be repealed on January 1, 2021) | ||||||
8 | Sec. 22. Performance of cremation service; training. A | ||||||
9 | person may not
perform a cremation service in this State unless | ||||||
10 | he or she has completed
training in performing cremation | ||||||
11 | services and received certification by a
program recognized by | ||||||
12 | the Comptroller Department . The crematory authority must
| ||||||
13 | conspicuously display the certification at the crematory | ||||||
14 | authority's place of
business. Any new employee shall have a | ||||||
15 | reasonable time period, as determined by rule, to attend a | ||||||
16 | recognized training program. In the interim,
the new employee | ||||||
17 | may perform a cremation service if he or she has received
| ||||||
18 | training from another person who has received certification by | ||||||
19 | a program
recognized by the Comptroller Department and is under | ||||||
20 | the supervision of the trained person. For purposes of this | ||||||
21 | Act, the Comptroller Department may
recognize any training | ||||||
22 | program that provides training in the operation of a
cremation | ||||||
23 | device, in the maintenance of a clean facility, and in the | ||||||
24 | proper
handling of human remains. The Comptroller Department | ||||||
25 | may recognize any course that is
conducted by a death care |
| |||||||
| |||||||
1 | trade association in Illinois or the United States or
by a | ||||||
2 | manufacturer of a cremation unit that is consistent with the | ||||||
3 | standards
provided in this Act or as otherwise determined by | ||||||
4 | rule.
| ||||||
5 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
6 | (410 ILCS 18/25)
| ||||||
7 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
8 | (Section scheduled to be repealed on January 1, 2021) | ||||||
9 | Sec. 25. Recordkeeping.
| ||||||
10 | (a) The crematory authority shall furnish to the person who | ||||||
11 | delivers
human remains to the crematory authority a receipt | ||||||
12 | signed at the time of delivery by both the
crematory authority | ||||||
13 | and the person who delivers the human remains, showing
the date | ||||||
14 | and time of the delivery, the type of casket or alternative
| ||||||
15 | container that was delivered, the name of the person from whom | ||||||
16 | the human
remains were received and the name of the funeral | ||||||
17 | establishment or other
entity with whom the person is | ||||||
18 | affiliated, the name of the person who
received the human | ||||||
19 | remains on behalf of the crematory authority, and the
name of | ||||||
20 | the decedent. The crematory shall retain a copy of this receipt | ||||||
21 | in
its permanent records.
| ||||||
22 | (b) Upon its release of cremated remains,
the crematory | ||||||
23 | authority shall furnish to the person who receives the
cremated | ||||||
24 | remains from the crematory authority a receipt signed by both | ||||||
25 | the
crematory authority and the person who receives the |
| |||||||
| |||||||
1 | cremated remains,
showing the date and time of the release, the | ||||||
2 | name of the person to whom the
cremated remains were released | ||||||
3 | and the name of the funeral establishment,
cemetery, or other | ||||||
4 | entity with whom the person is affiliated, the name of
the | ||||||
5 | person who released the cremated remains on behalf of the | ||||||
6 | crematory
authority, and the name of the decedent. The | ||||||
7 | crematory shall retain a copy
of this receipt in its permanent | ||||||
8 | records.
| ||||||
9 | (c) A crematory authority shall maintain at its place of | ||||||
10 | business a
permanent record of each cremation that took place | ||||||
11 | at its facility which shall
contain the name of the decedent, | ||||||
12 | the date of the cremation, and the final
disposition of the | ||||||
13 | cremated remains.
| ||||||
14 | (d) The crematory authority shall maintain a record of all | ||||||
15 | cremated remains
disposed of by the crematory authority in | ||||||
16 | accordance with subsection (d) of
Section 40.
| ||||||
17 | (e) Upon completion of the cremation, the crematory | ||||||
18 | authority shall file the
burial transit permit as required by | ||||||
19 | the Illinois Vital Records Act and rules adopted under that Act | ||||||
20 | and the Illinois Counties Code law , and transmit a photocopy of | ||||||
21 | the
burial transit permit along with the cremated remains to | ||||||
22 | whoever receives the
cremated remains from the authorizing | ||||||
23 | agent unless the cremated remains are to
be interred, entombed, | ||||||
24 | inurned, or placed in a scattering area, in which case
the | ||||||
25 | crematory authority shall retain a copy of the burial transit | ||||||
26 | permit and
shall send the permit, along with the cremated |
| |||||||
| |||||||
1 | remains, to the cemetery, which
shall file the permit with the | ||||||
2 | designated agency after the interment,
entombment, inurnment, | ||||||
3 | or scattering has taken place.
| ||||||
4 | (f) All cemeteries shall maintain a record of all cremated | ||||||
5 | remains that are
disposed of on their property, provided that | ||||||
6 | the cremated remains were
properly transferred to the cemetery | ||||||
7 | and the cemetery issued a receipt
acknowledging the transfer of | ||||||
8 | the cremated remains.
| ||||||
9 | (Source: P.A. 87-1187.)
| ||||||
10 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
11 | (Section scheduled to be repealed on January 1, 2021) | ||||||
12 | Sec. 25. Recordkeeping.
| ||||||
13 | (a) The crematory authority shall furnish to the person who | ||||||
14 | delivers
human remains to the crematory authority a receipt | ||||||
15 | signed at the time of delivery by both the
crematory authority | ||||||
16 | and the person who delivers the human remains, showing
the date | ||||||
17 | and time of the delivery, the type of casket or alternative
| ||||||
18 | container that was delivered, the name of the person from whom | ||||||
19 | the human
remains were received and the name of the funeral | ||||||
20 | establishment or other
entity with whom the person is | ||||||
21 | affiliated, the name of the person who
received the human | ||||||
22 | remains on behalf of the crematory authority, and the
name of | ||||||
23 | the decedent. The crematory shall retain a copy of this receipt | ||||||
24 | in
its permanent records.
| ||||||
25 | (b) Upon its release of cremated remains,
the crematory |
| |||||||
| |||||||
1 | authority shall furnish to the person who receives the
cremated | ||||||
2 | remains from the crematory authority a receipt signed by both | ||||||
3 | the
crematory authority and the person who receives the | ||||||
4 | cremated remains,
showing the date and time of the release, the | ||||||
5 | name of the person to whom the
cremated remains were released | ||||||
6 | and the name of the funeral establishment,
cemetery, or other | ||||||
7 | entity with whom the person is affiliated, the name of
the | ||||||
8 | person who released the cremated remains on behalf of the | ||||||
9 | crematory
authority, and the name of the decedent. The | ||||||
10 | crematory shall retain a copy
of this receipt in its permanent | ||||||
11 | records.
| ||||||
12 | (c) A crematory authority shall maintain at its place of | ||||||
13 | business a
permanent record of each cremation that took place | ||||||
14 | at its facility which shall
contain the name of the decedent, | ||||||
15 | the date of the cremation, and the final
disposition of the | ||||||
16 | cremated remains.
| ||||||
17 | (d) The crematory authority shall maintain a record of all | ||||||
18 | cremated remains
disposed of by the crematory authority in | ||||||
19 | accordance with subsection (d) of
Section 40.
| ||||||
20 | (e) Upon completion of the cremation, the crematory | ||||||
21 | authority shall file the
burial transit permit as required by | ||||||
22 | the Illinois Vital Records Act and rules adopted under that Act | ||||||
23 | and the Illinois Counties Code, and transmit a photocopy of the
| ||||||
24 | burial transit permit along with the cremated remains to | ||||||
25 | whoever receives the
cremated remains from the authorizing | ||||||
26 | agent unless the cremated remains are to
be interred, entombed, |
| |||||||
| |||||||
1 | inurned, or placed in a scattering area, in which case
the | ||||||
2 | crematory authority shall retain a copy of the burial transit | ||||||
3 | permit and
shall send the permit, along with the cremated | ||||||
4 | remains, to the cemetery, which
shall file the permit with the | ||||||
5 | designated agency after the interment,
entombment, inurnment, | ||||||
6 | or scattering has taken place.
| ||||||
7 | (f) All cemeteries shall maintain a record of all cremated | ||||||
8 | remains that are
disposed of on their property, provided that | ||||||
9 | the cremated remains were
properly transferred to the cemetery | ||||||
10 | and the cemetery issued a receipt
acknowledging the transfer of | ||||||
11 | the cremated remains.
| ||||||
12 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
13 | (410 ILCS 18/40)
| ||||||
14 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
15 | (Section scheduled to be repealed on January 1, 2021) | ||||||
16 | Sec. 40. Disposition of cremated remains.
| ||||||
17 | (a) The authorizing agent shall be responsible for the | ||||||
18 | final
disposition of the cremated remains.
| ||||||
19 | (b) Cremated remains may be disposed of by placing them in | ||||||
20 | a grave, crypt,
or niche, by scattering them in a scattering | ||||||
21 | area as defined in this Act, or in
any manner whatever on the | ||||||
22 | private property of a consenting owner.
| ||||||
23 | (c) Upon the completion of the cremation process, and | ||||||
24 | except as provided for
in item (I) (J) of paragraph (1) of | ||||||
25 | subsection (a) of Section 20, if the crematory
authority has |
| |||||||
| |||||||
1 | not been instructed to arrange
for the interment, entombment, | ||||||
2 | inurnment, or scattering of the cremated
remains, the crematory | ||||||
3 | authority shall deliver the cremated remains to the
individual | ||||||
4 | specified on the cremation authorization form, or if no
| ||||||
5 | individual is specified then to the authorizing agent. The | ||||||
6 | delivery may be
made in person or by registered mail. Upon | ||||||
7 | receipt of the cremated remains,
the individual receiving them | ||||||
8 | may transport them in any manner in this
State without a | ||||||
9 | permit, and may dispose of them in accordance with this
| ||||||
10 | Section. After delivery, the crematory authority shall be | ||||||
11 | discharged
from any legal obligation or liability concerning | ||||||
12 | the cremated remains.
| ||||||
13 | (d) If, after a period of 60 days from the date of the
| ||||||
14 | cremation, the authorizing agent or the agent's designee has | ||||||
15 | not
instructed the crematory authority to arrange for the final | ||||||
16 | disposition of
the cremated remains or claimed the cremated | ||||||
17 | remains, the crematory
authority may dispose of the cremated | ||||||
18 | remains in any manner permitted by
this Section. The crematory | ||||||
19 | authority, however, shall keep a permanent record
identifying | ||||||
20 | the site of final disposition. The authorizing agent shall be
| ||||||
21 | responsible for reimbursing the crematory authority for all | ||||||
22 | reasonable
expenses incurred in disposing of the cremated | ||||||
23 | remains. Upon disposing
of the cremated remains, the crematory | ||||||
24 | authority shall be discharged from
any legal obligation or | ||||||
25 | liability concerning the cremated remains. Any
person who was | ||||||
26 | in possession of cremated remains prior to the effective date
|
| |||||||
| |||||||
1 | of this Act may dispose of them in accordance with this | ||||||
2 | Section.
| ||||||
3 | (e) Except with the express written permission of the | ||||||
4 | authorizing agent, no
person shall:
| ||||||
5 | (1) Dispose of cremated remains in a manner
or in a | ||||||
6 | location so that the cremated remains are commingled with | ||||||
7 | those of
another person. This prohibition shall not apply | ||||||
8 | to the scattering of
cremated remains at sea, by air, or in | ||||||
9 | an area located in a dedicated
cemetery and used | ||||||
10 | exclusively for those purposes.
| ||||||
11 | (2) Place cremated remains of more than one person in | ||||||
12 | the same temporary
container or urn.
| ||||||
13 | (Source: P.A. 87-1187.)
| ||||||
14 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
15 | (Section scheduled to be repealed on January 1, 2021) | ||||||
16 | Sec. 40. Disposition of cremated remains.
| ||||||
17 | (a) The authorizing agent shall be responsible for the | ||||||
18 | final
disposition of the cremated remains.
| ||||||
19 | (b) Cremated remains may be disposed of by placing them in | ||||||
20 | a grave, crypt,
or niche, by scattering them in a scattering | ||||||
21 | area as defined in this Act, or in
any manner whatever on the | ||||||
22 | private property of a consenting owner.
| ||||||
23 | (c) Upon the completion of the cremation process, and | ||||||
24 | except as provided for
in item (I) of paragraph (1) of | ||||||
25 | subsection (a) of Section 20, if the crematory
authority has |
| |||||||
| |||||||
1 | not been instructed to arrange
for the interment, entombment, | ||||||
2 | inurnment, or scattering of the cremated
remains, the crematory | ||||||
3 | authority shall deliver the cremated remains to the
individual | ||||||
4 | specified on the cremation authorization form, or if no
| ||||||
5 | individual is specified then to the authorizing agent. The | ||||||
6 | delivery may be
made in person or by registered mail. Upon | ||||||
7 | receipt of the cremated remains,
the individual receiving them | ||||||
8 | may transport them in any manner in this
State without a | ||||||
9 | permit, and may dispose of them in accordance with this
| ||||||
10 | Section. After delivery, the crematory authority shall be | ||||||
11 | discharged
from any legal obligation or liability concerning | ||||||
12 | the cremated remains.
| ||||||
13 | (d) If, after a period of 60 days from the date of the
| ||||||
14 | cremation, the authorizing agent or the agent's designee has | ||||||
15 | not
instructed the crematory authority to arrange for the final | ||||||
16 | disposition of
the cremated remains or claimed the cremated | ||||||
17 | remains, the crematory
authority may dispose of the cremated | ||||||
18 | remains in any manner permitted by
this Section. The crematory | ||||||
19 | authority, however, shall keep a permanent record
identifying | ||||||
20 | the site of final disposition. The authorizing agent shall be
| ||||||
21 | responsible for reimbursing the crematory authority for all | ||||||
22 | reasonable
expenses incurred in disposing of the cremated | ||||||
23 | remains. Upon disposing
of the cremated remains, the crematory | ||||||
24 | authority shall be discharged from
any legal obligation or | ||||||
25 | liability concerning the cremated remains. Any
person who was | ||||||
26 | in possession of cremated remains prior to the effective date
|
| |||||||
| |||||||
1 | of this Act may dispose of them in accordance with this | ||||||
2 | Section.
| ||||||
3 | (e) Except with the express written permission of the | ||||||
4 | authorizing agent, no
person shall:
| ||||||
5 | (1) Dispose of cremated remains in a manner
or in a | ||||||
6 | location so that the cremated remains are commingled with | ||||||
7 | those of
another person. This prohibition shall not apply | ||||||
8 | to the scattering of
cremated remains at sea, by air, or in | ||||||
9 | an area located in a dedicated
cemetery and used | ||||||
10 | exclusively for those purposes.
| ||||||
11 | (2) Place cremated remains of more than one person in | ||||||
12 | the same temporary
container or urn.
| ||||||
13 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
14 | (410 ILCS 18/55)
| ||||||
15 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
16 | (Section scheduled to be repealed on January 1, 2021) | ||||||
17 | Sec. 55. Penalties.
| ||||||
18 | Violations of this Act shall be punishable as follows:
| ||||||
19 | (1) Performing a cremation without receipt of a | ||||||
20 | cremation
authorization form signed by an authorizing | ||||||
21 | agent shall be a Class 4 felony.
| ||||||
22 | (2) Signing a cremation authorization form with the | ||||||
23 | actual
knowledge that the form contains false or incorrect | ||||||
24 | information shall be a
Class 4 felony.
| ||||||
25 | (3) A Violation of any cremation procedure set forth in |
| |||||||
| |||||||
1 | Section 35
shall be a Class 4 felony.
| ||||||
2 | (4) Holding oneself out to the public as a crematory | ||||||
3 | authority, or the
operation of a building or structure | ||||||
4 | within this State as a crematory, without
being licensed | ||||||
5 | under this Act, shall be a Class A
misdemeanor.
| ||||||
6 | (4.5) Performance of a cremation service by a person
| ||||||
7 | who has not
completed a training program as defined in | ||||||
8 | Section 22 of this Act
shall be a Class A misdemeanor.
| ||||||
9 | (4.10) Any person who intentionally violates a | ||||||
10 | provision of this Act or a
final order of the Comptroller | ||||||
11 | is liable for a civil penalty not to exceed
$10,000 $5,000 | ||||||
12 | per
violation.
| ||||||
13 | (4.15) Any person who knowingly acts without proper | ||||||
14 | legal authority and
who
willfully and knowingly destroys or | ||||||
15 | damages the remains of a deceased human
being or who | ||||||
16 | desecrates human remains is guilty of a Class 3 felony.
| ||||||
17 | (5) A violation of any other provision of this
Act | ||||||
18 | shall be a Class B misdemeanor.
| ||||||
19 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
20 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
21 | (Section scheduled to be repealed on January 1, 2021) | ||||||
22 | Sec. 55. Penalties. Violations of this Act shall be | ||||||
23 | punishable as follows:
| ||||||
24 | (1) Performing a cremation without receipt of a | ||||||
25 | cremation
authorization form signed by an authorizing |
| |||||||
| |||||||
1 | agent shall be a Class 4 felony.
| ||||||
2 | (2) Signing a cremation authorization form with the | ||||||
3 | actual
knowledge that the form contains false or incorrect | ||||||
4 | information shall be a
Class 4 felony.
| ||||||
5 | (3) A Violation of any cremation procedure set forth in | ||||||
6 | Section 35
shall be a Class 4 felony.
| ||||||
7 | (4) Holding oneself out to the public as a crematory | ||||||
8 | authority, or the
operation of a building or structure | ||||||
9 | within this State as a crematory, without
being licensed | ||||||
10 | under this Act, shall be a Class A
misdemeanor.
| ||||||
11 | (4.5) Performance of a cremation service by a person
| ||||||
12 | who has not
completed a training program as defined in | ||||||
13 | Section 22 of this Act
shall be a Class A misdemeanor.
| ||||||
14 | (4.10) Any person who intentionally violates a | ||||||
15 | provision of this Act or a
final order of the Comptroller | ||||||
16 | Department is liable for a civil penalty not to exceed | ||||||
17 | $10,000
per
violation.
| ||||||
18 | (4.15) Any person who knowingly acts without proper | ||||||
19 | legal authority and
who
willfully and knowingly destroys or | ||||||
20 | damages the remains of a deceased human
being or who | ||||||
21 | desecrates human remains is guilty of a Class 3 felony.
| ||||||
22 | (5) A violation of any other provision of this
Act | ||||||
23 | shall be a Class B misdemeanor.
| ||||||
24 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
25 | (410 ILCS 18/60)
|
| |||||||
| |||||||
1 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
2 | (Section scheduled to be repealed on January 1, 2021) | ||||||
3 | Sec. 60. Failure to file annual report. Whenever a | ||||||
4 | crematory
authority refuses or neglects to file
its annual | ||||||
5 | report in violation of Section 10 of this Act, or fails to
| ||||||
6 | otherwise comply with the requirements of
this Act, the | ||||||
7 | Comptroller shall impose a penalty as provided for by rule for | ||||||
8 | each and every day the licensee remains delinquent in | ||||||
9 | submitting the annual report. Such report shall be made under | ||||||
10 | oath and shall be in a form determined by the Comptroller may | ||||||
11 | commence an administrative proceeding as
authorized by this Act | ||||||
12 | or may communicate the facts to the Attorney
General of the | ||||||
13 | State of Illinois who shall thereupon institute such
| ||||||
14 | proceedings against the crematory authority or its officers as | ||||||
15 | the nature
of the case may require .
| ||||||
16 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
17 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
18 | (Section scheduled to be repealed on January 1, 2021) | ||||||
19 | Sec. 60. Failure to file annual report. Whenever a | ||||||
20 | crematory
authority refuses or neglects to file
its annual | ||||||
21 | report in violation of Section 10 of this Act, or fails to
| ||||||
22 | otherwise comply with the requirements of
this Act, the | ||||||
23 | Comptroller Department shall impose a penalty as provided for | ||||||
24 | by rule for each and every day the licensee remains delinquent | ||||||
25 | in submitting the annual report. Such report shall be made |
| |||||||
| |||||||
1 | under oath and shall be in a form determined by the Comptroller | ||||||
2 | Department .
| ||||||
3 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
4 | (410 ILCS 18/62)
| ||||||
5 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
6 | (Section scheduled to be repealed on January 1, 2021) | ||||||
7 | Sec. 62. Injunctive action; cease and desist order | ||||||
8 | Investigation of unlawful practices . | ||||||
9 | (a) If any person violates the provisions of this Act, the | ||||||
10 | Comptroller, in the name of the People of the State of | ||||||
11 | Illinois, through the Attorney General or the State's Attorney | ||||||
12 | of the county in which the violation is alleged to have | ||||||
13 | occurred, may petition for an order enjoining the violation or | ||||||
14 | for an order enforcing compliance with this Act. Upon the | ||||||
15 | filing of a verified petition, the court with appropriate | ||||||
16 | jurisdiction may issue a temporary restraining order, without | ||||||
17 | notice or bond, and may preliminarily and permanently enjoin | ||||||
18 | the violation. If it is established that the person has | ||||||
19 | violated or is violating the injunction, the court may punish | ||||||
20 | the offender for contempt of court. Proceedings under this | ||||||
21 | Section are in addition to, and not in lieu of, all other | ||||||
22 | remedies and penalties provided by this Act. | ||||||
23 | (b) Whenever, in the opinion of the Comptroller, a person | ||||||
24 | violates any provision of this Act, the Comptroller may issue a | ||||||
25 | rule to show cause why an order to cease and desist should not |
| |||||||
| |||||||
1 | be entered against that person. The rule shall clearly set | ||||||
2 | forth the grounds relied upon by the Comptroller and shall | ||||||
3 | allow at least 7 days from the date of the rule to file an | ||||||
4 | answer satisfactory to the Comptroller. Failure to answer to | ||||||
5 | the satisfaction of the Comptroller shall cause an order to | ||||||
6 | cease and desist to be issued. | ||||||
7 | If the
Comptroller has good cause to believe that a
person has | ||||||
8 | engaged in, is engaging in, or is about to engage in any | ||||||
9 | practice in
violation of
this Act, the Comptroller may do any | ||||||
10 | one or more of the following:
| ||||||
11 | (1) Require that person to file, on terms the | ||||||
12 | Comptroller prescribes, a
statement or report in writing, | ||||||
13 | under oath or otherwise, containing all
information
that | ||||||
14 | the Comptroller considers necessary to ascertain whether a | ||||||
15 | licensee is in
compliance with this Act, or whether an | ||||||
16 | unlicensed person is engaging in
activities for which a | ||||||
17 | license is required under this Act.
| ||||||
18 | (2) Examine under oath any person in connection with | ||||||
19 | the books and
records required to be maintained under this | ||||||
20 | Act.
| ||||||
21 | (3) Examine any books and records of a licensee that | ||||||
22 | the Comptroller
considers necessary to ascertain | ||||||
23 | compliance with this Act.
| ||||||
24 | (4) Require the production of a copy of any record, | ||||||
25 | book, document,
account, or paper that is produced in | ||||||
26 | accordance with this Act and retain it in
the
Comptroller's |
| |||||||
| |||||||
1 | possession until the completion of all proceedings in | ||||||
2 | connection
with which it is produced.
| ||||||
3 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
4 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
5 | (Section scheduled to be repealed on January 1, 2021) | ||||||
6 | Sec. 62. Injunctive action; cease and desist order. | ||||||
7 | (a) If any person violates the provisions of this Act, the | ||||||
8 | Comptroller Secretary , in the name of the People of the State | ||||||
9 | of Illinois, through the Attorney General or the State's | ||||||
10 | Attorney of the county in which the violation is alleged to | ||||||
11 | have occurred, may petition for an order enjoining the | ||||||
12 | violation or for an order enforcing compliance with this Act. | ||||||
13 | Upon the filing of a verified petition, the court with | ||||||
14 | appropriate jurisdiction may issue a temporary restraining | ||||||
15 | order, without notice or bond, and may preliminarily and | ||||||
16 | permanently enjoin the violation. If it is established that the | ||||||
17 | person has violated or is violating the injunction, the court | ||||||
18 | may punish the offender for contempt of court. Proceedings | ||||||
19 | under this Section are in addition to, and not in lieu of, all | ||||||
20 | other remedies and penalties provided by this Act. | ||||||
21 | (b) Whenever, in the opinion of the Comptroller Department , | ||||||
22 | a person violates any provision of this Act, the Comptroller | ||||||
23 | Department may issue a rule to show cause why an order to cease | ||||||
24 | and desist should not be entered against that person. The rule | ||||||
25 | shall clearly set forth the grounds relied upon by the |
| |||||||
| |||||||
1 | Comptroller Department and shall allow at least 7 days from the | ||||||
2 | date of the rule to file an answer satisfactory to the | ||||||
3 | Comptroller Department . Failure to answer to the satisfaction | ||||||
4 | of the Comptroller Department shall cause an order to cease and | ||||||
5 | desist to
be issued.
| ||||||
6 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
7 | (410 ILCS 18/62.5)
| ||||||
8 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
9 | (Section scheduled to be repealed on January 1, 2021) | ||||||
10 | Sec. 62.5. Service of notice. Service by the Comptroller of | ||||||
11 | any notice
requiring a
person to file a statement or report | ||||||
12 | under this Act shall be made: (1)
personally by
delivery of a | ||||||
13 | duly executed copy of the notice to the person to be served or,
| ||||||
14 | if that person
is not a natural person, in the manner provided | ||||||
15 | in the Civil Practice Law when
a
complaint is filed; or (2) by | ||||||
16 | mailing by certified mail a duly executed copy of
the notice
to | ||||||
17 | the person at his or her address of record to be served at his | ||||||
18 | or her last known abode or principal place of
business
within | ||||||
19 | this State .
| ||||||
20 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
21 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
22 | (Section scheduled to be repealed on January 1, 2021) | ||||||
23 | Sec. 62.5. Service of notice. Service by the Comptroller | ||||||
24 | Department of any notice
requiring a
person to file a statement |
| |||||||
| |||||||
1 | or report under this Act shall be made: (1)
personally by
| ||||||
2 | delivery of a duly executed copy of the notice to the person to | ||||||
3 | be served or,
if that person
is not a natural person, in the | ||||||
4 | manner provided in the Civil Practice Law when
a
complaint is | ||||||
5 | filed; or (2) by mailing by certified mail a duly executed copy | ||||||
6 | of
the notice
to the person at his or her address of record.
| ||||||
7 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
8 | (410 ILCS 18/62.10)
| ||||||
9 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
10 | (Section scheduled to be repealed on January 1, 2021) | ||||||
11 | Sec. 62.10. Investigations; notice and hearing | ||||||
12 | Investigation of actions; hearing .
| ||||||
13 | The Comptroller may at any time investigate the actions of | ||||||
14 | any applicant or of any person, persons, or entity rendering or | ||||||
15 | offering to render cremation services or any person or entity | ||||||
16 | holding or claiming to hold a license as a licensed crematory. | ||||||
17 | The Comptroller shall, before revoking, suspending, placing on | ||||||
18 | probation, reprimanding, or taking any other disciplinary | ||||||
19 | action under Section 11 of this Act, at least 30 days before | ||||||
20 | the date set for the hearing, (i) notify the accused in writing | ||||||
21 | of the charges made and the time and place for the hearing on | ||||||
22 | the charges, (ii) direct the accused applicant or licensee to | ||||||
23 | file a written answer to the charges with the Comptroller under | ||||||
24 | oath within 20 days after the service on him or her of the | ||||||
25 | notice, and (iii) inform the accused that, if he or she fails |
| |||||||
| |||||||
1 | to answer, default will be taken against him or her or that his | ||||||
2 | or her license may be suspended, revoked, placed on | ||||||
3 | probationary status, or other disciplinary action taken with | ||||||
4 | regard to the license, including limiting the scope, nature, or | ||||||
5 | extent of his or her practice, as the Comptroller may consider | ||||||
6 | proper. | ||||||
7 | At the time and place fixed in the notice, the Comptroller | ||||||
8 | shall proceed to hear the charges and the parties or their | ||||||
9 | counsel shall be accorded ample opportunity to present any | ||||||
10 | pertinent statements, testimony, evidence, and arguments. The | ||||||
11 | Comptroller shall have the authority to appoint an attorney | ||||||
12 | duly licensed to practice law in the State of Illinois to serve | ||||||
13 | as the hearing officer in any disciplinary action with regard | ||||||
14 | to a license. The hearing officer shall have full authority to | ||||||
15 | conduct the hearing. The Comptroller may continue the hearing | ||||||
16 | from time to time. In case the person, after receiving the | ||||||
17 | notice, fails to file an answer, his or her license may, in the | ||||||
18 | discretion of the Comptroller, be suspended, revoked, placed on | ||||||
19 | probationary status, or the Comptroller may take whatever | ||||||
20 | disciplinary action considered proper, including limiting the | ||||||
21 | scope, nature, or extent of the person's practice or the | ||||||
22 | imposition of a fine, without a hearing, if the act or acts | ||||||
23 | charged constitute sufficient grounds for that action under | ||||||
24 | this Act. The written notice may be served by personal delivery | ||||||
25 | or by certified mail to the address specified by the accused in | ||||||
26 | his or her last notification with the Comptroller. |
| |||||||
| |||||||
1 | (a) The Comptroller shall make an investigation
upon
| ||||||
2 | discovering facts that, if proved, would constitute grounds for | ||||||
3 | refusal,
suspension, or
revocation of a license under this Act.
| ||||||
4 | (b) Before refusing to issue, and before suspending or | ||||||
5 | revoking, a license
under
this Act, the Comptroller shall hold | ||||||
6 | a hearing to determine whether the
applicant for a
license or | ||||||
7 | the licensee ("the respondent") is entitled to hold such a | ||||||
8 | license.
At least 10
days before the date set for the hearing, | ||||||
9 | the Comptroller shall notify the
respondent in
writing that (i) | ||||||
10 | on the designated date a hearing will be held to determine the
| ||||||
11 | respondent's
eligibility for a license and (ii) the respondent | ||||||
12 | may appear in person or by
counsel. The
written notice may be | ||||||
13 | served on the respondent personally, or by registered or
| ||||||
14 | certified
mail sent to the respondent's business address as | ||||||
15 | shown in the respondent's
latest
notification to the | ||||||
16 | Comptroller. The notice must include sufficient information
to | ||||||
17 | inform
the respondent of the general nature of the reason for | ||||||
18 | the Comptroller's
action.
| ||||||
19 | (c) At the hearing, both the respondent and the complainant | ||||||
20 | shall be
accorded
ample opportunity to present in person or by | ||||||
21 | counsel such statements,
testimony,
evidence, and argument as | ||||||
22 | may be pertinent to the charge or to any defense to
the charge. | ||||||
23 | The
Comptroller may reasonably continue the hearing from time | ||||||
24 | to time. The
Comptroller
may subpoena any person or persons in | ||||||
25 | this State and take testimony orally, by
deposition, or by | ||||||
26 | exhibit, in the same manner and with the same fees and
mileage |
| |||||||
| |||||||
1 | as
prescribed in judicial proceedings in civil cases. Any | ||||||
2 | authorized agent of the
Comptroller
may administer oaths to | ||||||
3 | witnesses at any hearing that the Comptroller is
authorized to
| ||||||
4 | conduct.
| ||||||
5 | (d) The Comptroller, at the Comptroller's expense, shall | ||||||
6 | provide a certified
shorthand reporter to take down the | ||||||
7 | testimony and preserve a record of every
proceeding at
the | ||||||
8 | hearing of any case involving the refusal to issue a license | ||||||
9 | under this
Act, the
suspension or revocation of such a license, | ||||||
10 | the imposition of a monetary
penalty, or the
referral of a case | ||||||
11 | for criminal prosecution. The record of any such proceeding
| ||||||
12 | shall
consist of the notice of hearing, the complaint, all | ||||||
13 | other documents in the
nature
of pleadings
and written motions | ||||||
14 | filed in the proceeding, the transcript of testimony, and
the | ||||||
15 | report and
orders of the Comptroller. Copies of the transcript | ||||||
16 | of the record may be
purchased from
the certified shorthand | ||||||
17 | reporter who prepared the record or from the
Comptroller.
| ||||||
18 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
19 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
20 | (Section scheduled to be repealed on January 1, 2021) | ||||||
21 | Sec. 62.10. Investigations; notice and hearing. The | ||||||
22 | Comptroller Department may at any time investigate the actions | ||||||
23 | of any applicant or of any person, persons, or entity rendering | ||||||
24 | or offering to render cremation services or any person or | ||||||
25 | entity holding or claiming to hold a license as a licensed |
| |||||||
| |||||||
1 | crematory. The Comptroller Department shall, before revoking, | ||||||
2 | suspending, placing on probation, reprimanding, or taking any | ||||||
3 | other disciplinary action under Section 11 of this Act, at | ||||||
4 | least 30 days before the date set for the hearing, (i) notify | ||||||
5 | the accused in writing of the charges made and the time and | ||||||
6 | place for the hearing on the charges, (ii) direct the accused | ||||||
7 | applicant or licensee to file a written answer to the charges | ||||||
8 | with the Comptroller Department under oath within 20 days after | ||||||
9 | the service on him or her of the notice, and (iii) inform the | ||||||
10 | accused that, if he or she fails to answer, default will be | ||||||
11 | taken against him or her or that his or her license may be | ||||||
12 | suspended, revoked, placed on probationary status, or other | ||||||
13 | disciplinary action taken with regard to the license, including | ||||||
14 | limiting the scope, nature, or extent of his or her practice, | ||||||
15 | as the Comptroller Department may consider proper. | ||||||
16 | At the time and place fixed in the notice, the Comptroller | ||||||
17 | Department shall proceed to hear the charges and the parties or | ||||||
18 | their counsel shall be accorded ample opportunity to present | ||||||
19 | any pertinent statements, testimony, evidence, and arguments. | ||||||
20 | The Comptroller Secretary shall have the authority to appoint | ||||||
21 | an attorney duly licensed to practice law in the State of | ||||||
22 | Illinois to serve as the hearing officer in any disciplinary | ||||||
23 | action with regard to a license. The hearing officer shall have | ||||||
24 | full authority to conduct the hearing. The Comptroller | ||||||
25 | Department may continue the hearing from time to time. In case | ||||||
26 | the person, after receiving the notice, fails to file an |
| |||||||
| |||||||
1 | answer, his or her license may, in the discretion of the | ||||||
2 | Comptroller Department , be suspended, revoked, placed on | ||||||
3 | probationary status, or the Comptroller Department may take | ||||||
4 | whatever disciplinary action considered proper, including | ||||||
5 | limiting the scope, nature, or extent of the person's practice | ||||||
6 | or the imposition of a fine, without a hearing, if the act or | ||||||
7 | acts charged constitute sufficient grounds for that action | ||||||
8 | under this Act. The written notice may be served by personal | ||||||
9 | delivery or by certified mail to the address specified by the | ||||||
10 | accused in his or her last notification with the Comptroller | ||||||
11 | Department .
| ||||||
12 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
13 | (410 ILCS 18/62.15)
| ||||||
14 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
15 | (Section scheduled to be repealed on January 1, 2021) | ||||||
16 | Sec. 62.15. Compelling testimony Court order . Any circuit | ||||||
17 | court, upon application of the Comptroller or designated | ||||||
18 | hearing officer may enter an order requiring the attendance of | ||||||
19 | witnesses and their testimony, and the production of documents, | ||||||
20 | papers, files, books, and records in connection with any | ||||||
21 | hearing or investigation. The court may compel obedience to its | ||||||
22 | order by proceedings for contempt. Upon the application of the | ||||||
23 | Comptroller or of the
applicant or licensee against whom | ||||||
24 | proceedings under Section 62.10 are pending,
any circuit court | ||||||
25 | may enter an order requiring witnesses to attend and testify
|
| |||||||
| |||||||
1 | and requiring the production of documents, papers, files, | ||||||
2 | books, and records in
connection with any hearing in any | ||||||
3 | proceeding under that Section. Failure to
obey such a court | ||||||
4 | order may result in contempt proceedings.
| ||||||
5 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
6 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
7 | (Section scheduled to be repealed on January 1, 2021) | ||||||
8 | Sec. 62.15. Compelling testimony. Any circuit court, upon | ||||||
9 | application of the Comptroller Department or designated | ||||||
10 | hearing officer may enter an order requiring the attendance of | ||||||
11 | witnesses and their testimony, and the production of documents, | ||||||
12 | papers, files, books, and records in connection with any | ||||||
13 | hearing or investigation. The court may compel obedience to its | ||||||
14 | order by proceedings for contempt.
| ||||||
15 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
16 | (410 ILCS 18/62.20)
| ||||||
17 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
18 | (Section scheduled to be repealed on January 1, 2021) | ||||||
19 | Sec. 62.20. Administrative review; venue; certification of | ||||||
20 | record; costs Judicial review .
| ||||||
21 | (a) All final administrative decisions of the Comptroller | ||||||
22 | are subject to judicial review under the Administrative Review | ||||||
23 | Law and its rules. The term "administrative decision" is | ||||||
24 | defined as in Section 3-101 of the Code of Civil Procedure. |
| |||||||
| |||||||
1 | (b) Proceedings for judicial review shall be commenced in | ||||||
2 | the circuit court of the county in which the party applying for | ||||||
3 | review resides, but if the party is not a resident of Illinois, | ||||||
4 | the venue shall be in Sangamon County. | ||||||
5 | (c) The Comptroller shall not be required to certify any | ||||||
6 | record of the court, file an answer in court, or to otherwise | ||||||
7 | appear in any court in a judicial review proceeding unless and | ||||||
8 | until the Comptroller has received from the plaintiff payment | ||||||
9 | of the costs of furnishing and certifying the record, which | ||||||
10 | costs shall be determined by the Comptroller. Failure on the | ||||||
11 | part of the plaintiff to make such payment to the Comptroller | ||||||
12 | is grounds for dismissal of the action. | ||||||
13 | (a) Any person affected by a final administrative
decision
| ||||||
14 | of the Comptroller under this Act may have the decision | ||||||
15 | reviewed judicially by
the circuit
court of the county where | ||||||
16 | the person resides or, in the case of a corporation,
where the
| ||||||
17 | corporation's registered office is located. If the plaintiff in | ||||||
18 | the judicial
review proceeding
is not a resident of this State, | ||||||
19 | venue shall be in Sangamon County. The
provisions of the
| ||||||
20 | Administrative Review Law and any rules adopted under it govern | ||||||
21 | all proceedings
for the
judicial review of final administrative | ||||||
22 | decisions of the Comptroller under this
Act. The
term | ||||||
23 | "administrative decision" is defined as in the Administrative | ||||||
24 | Review Law.
| ||||||
25 | (b) The
Comptroller is not required to certify the record | ||||||
26 | of the proceeding unless the
plaintiff in
the review proceeding |
| |||||||
| |||||||
1 | has purchased a copy of the transcript from the certified
| ||||||
2 | shorthand
reporter who prepared the record or from the | ||||||
3 | Comptroller. Exhibits shall be
certified
without cost.
| ||||||
4 | (Source: P.A. 92-675, eff. 7-1-03.)
| ||||||
5 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
6 | (Section scheduled to be repealed on January 1, 2021) | ||||||
7 | Sec. 62.20. Administrative review; venue; certification of | ||||||
8 | record; costs.
| ||||||
9 | (a) All final administrative decisions of the Comptroller | ||||||
10 | Department are subject to judicial review under the | ||||||
11 | Administrative Review Law and its rules. The term | ||||||
12 | "administrative decision" is defined as in Section 3-101 of the | ||||||
13 | Code of Civil Procedure. | ||||||
14 | (b) Proceedings for judicial review shall be commenced in | ||||||
15 | the circuit court of the county in which the party applying for | ||||||
16 | review resides, but if the party is not a resident of Illinois, | ||||||
17 | the venue shall be in Sangamon County. | ||||||
18 | (c) The Comptroller Department shall not be required to | ||||||
19 | certify any record of the court, file an answer in court, or to | ||||||
20 | otherwise appear in any court in a judicial review proceeding | ||||||
21 | unless and until the Comptroller Department has received from | ||||||
22 | the plaintiff payment of the costs of furnishing and certifying | ||||||
23 | the record, which costs shall be determined by the Comptroller | ||||||
24 | Department . Failure on the part of the plaintiff to make such | ||||||
25 | payment to the Comptroller Department is grounds for dismissal |
| |||||||
| |||||||
1 | of the action.
| ||||||
2 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
3 | (410 ILCS 18/65)
| ||||||
4 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
5 | (Section scheduled to be repealed on January 1, 2021) | ||||||
6 | Sec. 65. Pre-need cremation arrangements.
| ||||||
7 | (a) Any person, or anyone who has legal authority to act on
| ||||||
8 | behalf of a person, on a pre-need basis, may authorize his or | ||||||
9 | her own
cremation and the final disposition of his or her | ||||||
10 | cremated remains by
executing, as the authorizing agent, a | ||||||
11 | cremation authorization form on a
pre-need basis. A copy of | ||||||
12 | this form shall be provided to the person. Any
person shall | ||||||
13 | have the right to transfer or cancel this authorization at any
| ||||||
14 | time prior to death by destroying the executed cremation | ||||||
15 | authorization form and
providing written notice to the | ||||||
16 | crematory authority.
| ||||||
17 | (b) Any cremation authorization form that is being executed | ||||||
18 | by an
individual as his or her own authorizing agent on a | ||||||
19 | pre-need basis shall
contain the following disclosure, which | ||||||
20 | shall be completed by the
authorizing agent:
| ||||||
21 | "( ) I do not wish to allow any of my survivors the option | ||||||
22 | of cancelling
my cremation and selecting alternative | ||||||
23 | arrangements, regardless of
whether my survivors deem | ||||||
24 | a change to be appropriate.
| ||||||
25 | ( ) I wish to allow only the survivors whom I have |
| |||||||
| |||||||
1 | designated
below the option of cancelling my cremation | ||||||
2 | and selecting
alternative arrangements, if they deem a | ||||||
3 | change to be
appropriate:............"
| ||||||
4 | (c) Except as provided in subsection (b) of this Section, | ||||||
5 | at the time of the
death of a person who has executed, as the | ||||||
6 | authorizing agent, a cremation
authorization form on a pre-need | ||||||
7 | basis, any person in possession of an executed
form and any | ||||||
8 | person charged with making arrangements for the final | ||||||
9 | disposition
of the decedent who has knowledge of the existence | ||||||
10 | of an executed form, shall
use their best efforts to ensure | ||||||
11 | that the decedent is cremated and
that the final disposition of | ||||||
12 | the cremated remains is in accordance with the
instructions | ||||||
13 | contained on the cremation authorization form.
If a crematory | ||||||
14 | authority (i) is in possession of a completed cremation
| ||||||
15 | authorization form that was executed on a pre-need basis,
(ii) | ||||||
16 | is in possession of the designated human remains, and (iii) has | ||||||
17 | received
payment for the cremation of the human remains and the | ||||||
18 | final disposition of
the cremated remains or is otherwise | ||||||
19 | assured of payment, then the crematory
authority shall be | ||||||
20 | required to cremate the human remains and dispose of
the | ||||||
21 | cremated remains according to the instructions contained on the
| ||||||
22 | cremation authorization form, and may do so without any | ||||||
23 | liability.
| ||||||
24 | (d) (e) Any pre-need contract sold by, or pre-need | ||||||
25 | arrangements made with, a
cemetery, funeral establishment, | ||||||
26 | crematory authority, or any other party
that includes a |
| |||||||
| |||||||
1 | cremation shall specify the final disposition of the cremated
| ||||||
2 | remains, in accordance with Section 40. In the event that no | ||||||
3 | different or
inconsistent instructions are provided to the | ||||||
4 | crematory authority by the
authorizing agent at the time of | ||||||
5 | death, the crematory authority shall be
authorized to release | ||||||
6 | or dispose of the cremated remains as indicated in the
pre-need | ||||||
7 | agreement. Upon compliance with the terms of the pre-need
| ||||||
8 | agreement, the crematory authority shall be discharged from any | ||||||
9 | legal
obligation concerning the cremated remains. The pre-need | ||||||
10 | agreement shall be kept as a permanent record by the crematory | ||||||
11 | authority.
| ||||||
12 | (e) (f) This Section shall not apply to any cremation | ||||||
13 | authorization
form or pre-need contract executed prior to the | ||||||
14 | effective date of this Act.
Any cemetery, funeral | ||||||
15 | establishment, crematory authority, or other
party, however, | ||||||
16 | with the written approval of the authorizing agent or person
| ||||||
17 | who executed the pre-need contract, may designate that the | ||||||
18 | cremation
authorization form or pre-need contract shall be | ||||||
19 | subject to this Act.
| ||||||
20 | (Source: P.A. 87-1187.)
| ||||||
21 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
22 | (Section scheduled to be repealed on January 1, 2021) | ||||||
23 | Sec. 65. Pre-need cremation arrangements.
| ||||||
24 | (a) Any person, or anyone who has legal authority to act on
| ||||||
25 | behalf of a person, on a pre-need basis, may authorize his or |
| |||||||
| |||||||
1 | her own
cremation and the final disposition of his or her | ||||||
2 | cremated remains by
executing, as the authorizing agent, a | ||||||
3 | cremation authorization form on a
pre-need basis. A copy of | ||||||
4 | this form shall be provided to the person. Any
person shall | ||||||
5 | have the right to transfer or cancel this authorization at any
| ||||||
6 | time prior to death by destroying the executed cremation | ||||||
7 | authorization form and
providing written notice to the | ||||||
8 | crematory authority.
| ||||||
9 | (b) Any cremation authorization form that is being executed | ||||||
10 | by an
individual as his or her own authorizing agent on a | ||||||
11 | pre-need basis shall
contain the following disclosure, which | ||||||
12 | shall be completed by the
authorizing agent:
| ||||||
13 | "( ) I do not wish to allow any of my survivors the option | ||||||
14 | of cancelling
my cremation and selecting alternative | ||||||
15 | arrangements, regardless of
whether my survivors deem | ||||||
16 | a change to be appropriate.
| ||||||
17 | ( ) I wish to allow only the survivors whom I have | ||||||
18 | designated
below the option of cancelling my cremation | ||||||
19 | and selecting
alternative arrangements, if they deem a | ||||||
20 | change to be
appropriate:............"
| ||||||
21 | (c) Except as provided in subsection (b) of this Section, | ||||||
22 | at the time of the
death of a person who has executed, as the | ||||||
23 | authorizing agent, a cremation
authorization form on a pre-need | ||||||
24 | basis, any person in possession of an executed
form and any | ||||||
25 | person charged with making arrangements for the final | ||||||
26 | disposition
of the decedent who has knowledge of the existence |
| |||||||
| |||||||
1 | of an executed form, shall
use their best efforts to ensure | ||||||
2 | that the decedent is cremated and
that the final disposition of | ||||||
3 | the cremated remains is in accordance with the
instructions | ||||||
4 | contained on the cremation authorization form.
If a crematory | ||||||
5 | authority (i) is in possession of a completed cremation
| ||||||
6 | authorization form that was executed on a pre-need basis,
(ii) | ||||||
7 | is in possession of the designated human remains, and (iii) has | ||||||
8 | received
payment for the cremation of the human remains and the | ||||||
9 | final disposition of
the cremated remains or is otherwise | ||||||
10 | assured of payment, then the crematory
authority shall be | ||||||
11 | required to cremate the human remains and dispose of
the | ||||||
12 | cremated remains according to the instructions contained on the
| ||||||
13 | cremation authorization form, and may do so without any | ||||||
14 | liability.
| ||||||
15 | (d) Any pre-need contract sold by, or pre-need arrangements | ||||||
16 | made with, a
cemetery, funeral establishment, crematory | ||||||
17 | authority, or any other party
that includes a cremation shall | ||||||
18 | specify the final disposition of the cremated
remains, in | ||||||
19 | accordance with Section 40. In the event that no different or
| ||||||
20 | inconsistent instructions are provided to the crematory | ||||||
21 | authority by the
authorizing agent at the time of death, the | ||||||
22 | crematory authority shall be
authorized to release or dispose | ||||||
23 | of the cremated remains as indicated in the
pre-need agreement. | ||||||
24 | Upon compliance with the terms of the pre-need
agreement, the | ||||||
25 | crematory authority shall be discharged from any legal
| ||||||
26 | obligation concerning the cremated remains. The pre-need |
| |||||||
| |||||||
1 | agreement shall be kept as a permanent record by the crematory | ||||||
2 | authority.
| ||||||
3 | (e) This Section shall not apply to any cremation | ||||||
4 | authorization
form or pre-need contract executed prior to the | ||||||
5 | effective date of this Act.
Any cemetery, funeral | ||||||
6 | establishment, crematory authority, or other
party, however, | ||||||
7 | with the written approval of the authorizing agent or person
| ||||||
8 | who executed the pre-need contract, may designate that the | ||||||
9 | cremation
authorization form or pre-need contract shall be | ||||||
10 | subject to this Act.
| ||||||
11 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
12 | (410 ILCS 18/80)
| ||||||
13 | (Text of Section before amendment by P.A. 96-863 )
| ||||||
14 | (Section scheduled to be repealed on January 1, 2021) | ||||||
15 | Sec. 80. Record of proceedings; transcript Home Rule . The | ||||||
16 | Comptroller, at its expense, shall preserve a record of all | ||||||
17 | proceedings at the formal hearing of any case. Any notice of | ||||||
18 | hearing, complaint, all other documents in the nature of | ||||||
19 | pleadings, written motions filed in the proceedings, the | ||||||
20 | transcripts of testimony, the report of the hearing officer, | ||||||
21 | and orders of the Comptroller shall be in the record of the | ||||||
22 | proceeding. The Comptroller shall furnish a transcript of such | ||||||
23 | record to any person interested in such hearing upon payment of | ||||||
24 | a fee to be established by rule. The regulation of crematories | ||||||
25 | and crematory authorities
as set forth in this Act is an |
| |||||||
| |||||||
1 | exclusive power and function of the State. A
home rule unit may | ||||||
2 | not regulate crematories or crematory authorities. This
| ||||||
3 | Section is a denial and limitation of home rule powers and | ||||||
4 | functions under
subsection (h) of Section 6 of Article VII of | ||||||
5 | the Illinois
Constitution.
| ||||||
6 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
7 | (Text of Section after amendment by P.A. 96-863 )
| ||||||
8 | (Section scheduled to be repealed on January 1, 2021) | ||||||
9 | Sec. 80. Record of proceedings; transcript. The | ||||||
10 | Comptroller Department , at its expense, shall preserve a record | ||||||
11 | of all proceedings at the formal hearing of any case. Any | ||||||
12 | notice of hearing, complaint, all other documents in the nature | ||||||
13 | of pleadings, written motions filed in the proceedings, the | ||||||
14 | transcripts of testimony, the report of the hearing officer, | ||||||
15 | and orders of the Comptroller Department shall be in the record | ||||||
16 | of the proceeding. The Comptroller Department shall furnish a | ||||||
17 | transcript of such record to any person interested in such | ||||||
18 | hearing upon payment of a fee to be established by rule the fee | ||||||
19 | required under Section 2105-115 of the Department of | ||||||
20 | Professional Regulation Law .
| ||||||
21 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
22 | (410 ILCS 18/85) | ||||||
23 | (This Section may contain text from a Public Act with a | ||||||
24 | delayed effective date ) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2021) | ||||||
2 | Sec. 85. Subpoenas; depositions; oaths. The Comptroller | ||||||
3 | Department has the power to subpoena documents, books, records | ||||||
4 | or other materials and to bring before it any person and to | ||||||
5 | take testimony either orally or by deposition, or both, with | ||||||
6 | the same fees and mileage and in the same manner as prescribed | ||||||
7 | in civil cases in the courts of this State. The Comptroller | ||||||
8 | Secretary , the designated hearing officer, or any qualified | ||||||
9 | person the Comptroller Department may designate has the power | ||||||
10 | to administer oaths to witnesses at any hearing that the | ||||||
11 | Comptroller Department is authorized to conduct, and any other | ||||||
12 | oaths authorized in any Act administered by the Comptroller | ||||||
13 | Department . | ||||||
14 | Every person having taken an oath or affirmation in any | ||||||
15 | proceeding or matter wherein an oath is required by this Act, | ||||||
16 | who shall swear willfully, corruptly and falsely in a matter | ||||||
17 | material to the issue or point in question, or shall suborn any | ||||||
18 | other person to swear as aforesaid, shall be guilty of perjury | ||||||
19 | or subornation of perjury, as the case may be and shall be | ||||||
20 | punished as provided by State law relative to perjury and | ||||||
21 | subornation of perjury.
| ||||||
22 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
23 | (410 ILCS 18/87) | ||||||
24 | (This Section may contain text from a Public Act with a | ||||||
25 | delayed effective date ) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2021) | ||||||
2 | Sec. 87. Findings and recommendations. At the conclusion of
| ||||||
3 | the hearing, the hearing officer shall present to the | ||||||
4 | Comptroller Secretary a written report of its findings of fact, | ||||||
5 | conclusions of law, and recommendations. The report shall | ||||||
6 | contain a finding whether or not the accused person violated | ||||||
7 | this Act or its rules or failed to comply with the conditions | ||||||
8 | required in this Act or its rules. The hearing officer shall | ||||||
9 | specify the nature of any violations or failure to comply and | ||||||
10 | shall make recommendations to the Comptroller Secretary . In | ||||||
11 | making recommendations for any disciplinary actions, the | ||||||
12 | hearing officer may take into consideration all facts and | ||||||
13 | circumstances bearing upon the reasonableness of the conduct of | ||||||
14 | the accused and the potential for future harm to the public, | ||||||
15 | including but not limited to, previous discipline of the | ||||||
16 | accused by the Comptroller Department , intent, degree of harm | ||||||
17 | to the public and likelihood of harm in the future, any | ||||||
18 | restitution made by the accused, and whether the incident or | ||||||
19 | incidents contained in the complaint appear to be isolated or | ||||||
20 | represent a continuing pattern of conduct. In making its | ||||||
21 | recommendations for discipline, the hearing officer shall | ||||||
22 | endeavor to ensure that the severity of the discipline | ||||||
23 | recommended is reasonably related to the severity of the | ||||||
24 | violation. The report of findings of fact, conclusions of law, | ||||||
25 | and recommendation of the hearing officer shall be the basis | ||||||
26 | for the Comptroller's Department's order refusing to issue, |
| |||||||
| |||||||
1 | restore, place on probation, fine, suspend, revoke a license, | ||||||
2 | or otherwise disciplining a licensee. If the Comptroller | ||||||
3 | Secretary disagrees with the recommendations of the hearing | ||||||
4 | officer, the Comptroller Secretary may issue an order in | ||||||
5 | contravention of the hearing officer's recommendations. The | ||||||
6 | finding is not admissible in evidence against the person in a | ||||||
7 | criminal prosecution brought for a violation of this Act, but | ||||||
8 | the hearing and finding are not a bar to a criminal prosecution | ||||||
9 | brought for a violation of this Act.
| ||||||
10 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
11 | (410 ILCS 18/88) | ||||||
12 | (This Section may contain text from a Public Act with a | ||||||
13 | delayed effective date ) | ||||||
14 | (Section scheduled to be repealed on January 1, 2021) | ||||||
15 | Sec. 88. Rehearing. At the conclusion of the hearing, a | ||||||
16 | copy of the hearing officer's report shall be served upon the | ||||||
17 | applicant or licensee by the Comptroller Department , either | ||||||
18 | personally or as provided in this Act. Within 20 days after | ||||||
19 | service, the applicant or licensee may present to the | ||||||
20 | Department a motion in writing for a rehearing, which shall | ||||||
21 | specify the particular grounds for rehearing. The Comptroller | ||||||
22 | Department may respond to the motion for rehearing within 20 | ||||||
23 | days after its service on the Comptroller Department . If no | ||||||
24 | motion for rehearing is filed, then upon the expiration of the | ||||||
25 | time specified for filing such a motion, or if a motion for |
| |||||||
| |||||||
1 | rehearing is denied, then upon denial, the Comptroller | ||||||
2 | Secretary may enter an order in accordance with recommendations | ||||||
3 | of the hearing officer except as provided in Section 89 of this | ||||||
4 | Act. | ||||||
5 | If the applicant or licensee orders from the reporting | ||||||
6 | service and pays for a transcript of the record within the time | ||||||
7 | for filing a motion for rehearing, the 20-day period within | ||||||
8 | which a motion may be filed shall commence upon the delivery of | ||||||
9 | the transcript to the applicant or licensee.
| ||||||
10 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
11 | (410 ILCS 18/89) | ||||||
12 | (This Section may contain text from a Public Act with a | ||||||
13 | delayed effective date ) | ||||||
14 | (Section scheduled to be repealed on January 1, 2021) | ||||||
15 | Sec. 89. Comptroller Secretary ; rehearing. Whenever the | ||||||
16 | Comptroller Secretary believes that substantial justice has | ||||||
17 | not been done in the revocation, suspension, or refusal to | ||||||
18 | issue or restore a license or other discipline of an applicant | ||||||
19 | or licensee, he or she may order a rehearing by the same or | ||||||
20 | other hearing officers.
| ||||||
21 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
22 | (410 ILCS 18/90) | ||||||
23 | (This Section may contain text from a Public Act with a | ||||||
24 | delayed effective date ) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2021) | ||||||
2 | Sec. 90. Order or certified copy; prima facie proof. An | ||||||
3 | order or certified copy thereof, over the seal of the | ||||||
4 | Comptroller Department and purporting to be signed by the | ||||||
5 | Comptroller Secretary , is prima facie proof that: | ||||||
6 | (a) the signature is the genuine signature of the | ||||||
7 | Comptroller Secretary ; | ||||||
8 | (b) the Comptroller Secretary is duly appointed and | ||||||
9 | qualified; and | ||||||
10 | (c) the hearing officer is qualified to act.
| ||||||
11 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
12 | (410 ILCS 18/91) | ||||||
13 | (This Section may contain text from a Public Act with a | ||||||
14 | delayed effective date ) | ||||||
15 | (Section scheduled to be repealed on January 1, 2021) | ||||||
16 | Sec. 91. Civil action and civil penalties. In addition to
| ||||||
17 | the other penalties and remedies provided in this Act, the | ||||||
18 | Comptroller Department may bring a civil action in the county | ||||||
19 | of residence of the licensee or any other person to enjoin any | ||||||
20 | violation or threatened violation of this Act. In addition to | ||||||
21 | any other penalty provided by law, any person who violates this | ||||||
22 | Act shall forfeit and pay a civil penalty to the Comptroller | ||||||
23 | Department in an amount not to exceed $10,000 for each | ||||||
24 | violation as determined by the Comptroller Department . The | ||||||
25 | civil penalty shall be assessed by the Comptroller Department |
| |||||||
| |||||||
1 | 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 with the Comptroller into the Cemetery | ||||||
8 | Oversight Licensing and Disciplinary Fund .
| ||||||
9 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
10 | (410 ILCS 18/92) | ||||||
11 | (This Section may contain text from a Public Act with a | ||||||
12 | delayed effective date ) | ||||||
13 | (Section scheduled to be repealed on January 1, 2021) | ||||||
14 | Sec. 92. Consent order. At any point in any investigation | ||||||
15 | or disciplinary proceedings as provided in this Act, both | ||||||
16 | parties may agree to a negotiated consent order. The consent | ||||||
17 | order shall be final upon signature of the Comptroller | ||||||
18 | Secretary .
| ||||||
19 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
20 | (410 ILCS 18/94) | ||||||
21 | (This Section may contain text from a Public Act with a | ||||||
22 | delayed effective date ) | ||||||
23 | (Section scheduled to be repealed on January 1, 2021) | ||||||
24 | Sec. 94. Summary suspension of a license. The Comptroller |
| |||||||
| |||||||
1 | Secretary may summarily suspend a license of a licensed | ||||||
2 | crematory without a hearing, simultaneously with the | ||||||
3 | institution of proceedings for a hearing provided for in this | ||||||
4 | Act, if the Comptroller Secretary finds that evidence in the | ||||||
5 | Comptroller's Secretary's possession indicates that the | ||||||
6 | licensee's continued practice would constitute an imminent | ||||||
7 | danger to the public. In the event that the Comptroller | ||||||
8 | Secretary summarily suspends the license of a licensed | ||||||
9 | crematory without a hearing, a hearing must be commenced within | ||||||
10 | 30 days after the suspension has occurred and concluded as | ||||||
11 | expeditiously as practical. In the event of a summary | ||||||
12 | suspension, the county coroner or medical examiner responsible | ||||||
13 | for the area where the crematory is located shall make | ||||||
14 | arrangements to dispose of any bodies in the suspended | ||||||
15 | licensee's possession after consulting with the authorizing | ||||||
16 | agents for those bodies.
| ||||||
17 | (Source: P.A. 96-863, eff. 3-1-12.)
| ||||||
18 | Section 35. The Vital Records Act is amended by changing | ||||||
19 | Sections 11 and 25 as follows:
| ||||||
20 | (410 ILCS 535/11) (from Ch. 111 1/2, par. 73-11)
| ||||||
21 | Sec. 11. Information required on forms.
| ||||||
22 | (a) The form of certificates, reports, and other returns
| ||||||
23 | required by this Act or by regulations adopted under this Act | ||||||
24 | shall include
as a minimum the items recommended by the federal |
| |||||||
| |||||||
1 | agency responsible for
national vital statistics, subject to | ||||||
2 | approval of and modification by the
Department. All forms shall | ||||||
3 | be prescribed and furnished by the
State Registrar of Vital | ||||||
4 | Records.
| ||||||
5 | (b) On and after the effective date of this amendatory Act | ||||||
6 | of 1983,
all forms used to collect information under this Act | ||||||
7 | which request information
concerning the race or ethnicity of | ||||||
8 | an individual by providing spaces for
the designation of that | ||||||
9 | individual as "white" or "black", or the semantic
equivalent | ||||||
10 | thereof, shall provide an additional space for a designation as
| ||||||
11 | "Hispanic".
| ||||||
12 | (c) Effective November 1, 1990, the social security numbers | ||||||
13 | of the
mother and father shall be collected at the time of the | ||||||
14 | birth of the child.
These numbers shall not be recorded on the | ||||||
15 | certificate of live
birth. The numbers may be used only for | ||||||
16 | those purposes allowed by Federal law.
| ||||||
17 | (d) The social security number of a person who has died | ||||||
18 | shall be entered
on the
death certificate; however, failure to | ||||||
19 | enter the social security number of the
person who has died on | ||||||
20 | the
death certificate does not invalidate the death | ||||||
21 | certificate.
| ||||||
22 | (e) If the place of disposition of a dead human body or | ||||||
23 | cremated remains is in a cemetery, the burial permit shall | ||||||
24 | include the place of disposition. The place of disposition | ||||||
25 | shall include the lot, block, section, and plot or niche , and | ||||||
26 | depth, if applicable, where the dead human body or cremated |
| |||||||
| |||||||
1 | remains are located. This subsection does not apply to cremated | ||||||
2 | remains scattered in a cemetery. | ||||||
3 | (Source: P.A. 96-863, eff. 3-1-10.)
| ||||||
4 | (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
| ||||||
5 | Sec. 25.
In accordance with Section 24 of this Act, and the
| ||||||
6 | regulations adopted pursuant thereto:
| ||||||
7 | (1) The State Registrar of Vital Records shall search the | ||||||
8 | files of birth,
death, and fetal death records, upon receipt of | ||||||
9 | a written request and a fee
of $10 from any applicant entitled | ||||||
10 | to such search. A search fee shall not
be required for | ||||||
11 | commemorative birth certificates issued by the State
| ||||||
12 | Registrar. If, upon search, the record requested is found, the | ||||||
13 | State
Registrar shall furnish the applicant one certification | ||||||
14 | of such record,
under the seal of such office. If the request | ||||||
15 | is for a certified copy of
the record an additional fee of $5 | ||||||
16 | shall be required. If the request is for
a certified copy of a | ||||||
17 | death certificate or a fetal death certificate, an
additional | ||||||
18 | fee of $2 is required. The additional fee shall be deposited | ||||||
19 | into
the Death Certificate Surcharge Fund. A further fee of $2
| ||||||
20 | shall be required for each additional certification or | ||||||
21 | certified copy
requested. If the requested record is not found, | ||||||
22 | the State Registrar shall
furnish the applicant a certification | ||||||
23 | attesting to that fact, if so
requested by the applicant. A | ||||||
24 | further fee of $2 shall be required for each
additional | ||||||
25 | certification that no record has been found.
|
| |||||||
| |||||||
1 | Any local registrar or county clerk shall search the files | ||||||
2 | of birth,
death and fetal death records, upon receipt of a | ||||||
3 | written request from any
applicant entitled to such search. If | ||||||
4 | upon search the record requested
is found, such local registrar | ||||||
5 | or county clerk shall furnish the applicant
one certification | ||||||
6 | or certified copy of such record, under the seal of such
| ||||||
7 | office, upon payment of the applicable fees. If the requested | ||||||
8 | record is not
found, the local registrar or county
clerk shall | ||||||
9 | furnish the applicant a certification attesting to that fact, | ||||||
10 | if so
requested by the applicant and upon payment of applicable | ||||||
11 | fee. The local
registrar or county clerk must charge a $2 fee | ||||||
12 | for each certified copy of a
death certificate. The fee is in | ||||||
13 | addition to any other fees that are charged
by the local | ||||||
14 | registrar or county clerk. The additional fees must be
| ||||||
15 | transmitted
to the State Registrar monthly and deposited into | ||||||
16 | the Death Certificate
Surcharge Fund.
The local registrar or | ||||||
17 | county clerk may charge fees
for providing other services for | ||||||
18 | which the State Registrar may charge fees
under this
Section.
| ||||||
19 | A request to any custodian of vital records for a search of | ||||||
20 | the death
record indexes for genealogical research shall | ||||||
21 | require a fee of $10 per name
for a 5 year search. An | ||||||
22 | additional fee of $1 for each additional year searched
shall be | ||||||
23 | required. If the requested record is found, one uncertified | ||||||
24 | copy
shall be issued without additional charge.
| ||||||
25 | Any fee received by the State Registrar pursuant to this | ||||||
26 | Section which
is of an insufficient amount may be returned by |
| |||||||
| |||||||
1 | the State Registrar upon
his recording the receipt of such fee | ||||||
2 | and the reason for its return. The
State Registrar is | ||||||
3 | authorized to maintain a 2 signature, revolving checking
| ||||||
4 | account with a suitable commercial bank for the purpose of | ||||||
5 | depositing and
withdrawing-for-return cash received and | ||||||
6 | determined insufficient for the
service requested.
| ||||||
7 | No fee imposed under this Section may be assessed against | ||||||
8 | an organization
chartered by Congress that requests a | ||||||
9 | certificate for the purpose of death
verification.
| ||||||
10 | Any custodian of vital records, whether it may be the | ||||||
11 | Department of Public Health, a local registrar, or a county | ||||||
12 | clerk shall charge an additional $2 for each certified copy of | ||||||
13 | a death certificate and that additional fee shall be collected | ||||||
14 | on behalf of the Department of Financial and Professional | ||||||
15 | Regulation for deposit into the Cemetery Oversight Licensing | ||||||
16 | and Disciplinary Fund. | ||||||
17 | (2) The certification of birth may contain only the name, | ||||||
18 | sex,
date of birth, and place of birth, of the person to whom | ||||||
19 | it relates, the
name, age and birthplace of the parents, and
| ||||||
20 | the file number; and none of the other data on the certificate | ||||||
21 | of birth
except as authorized under subsection (5) of this | ||||||
22 | Section.
| ||||||
23 | (3) The certification of death shall contain only the name, | ||||||
24 | Social
Security Number, sex,
date of death, and place of death | ||||||
25 | of the person to whom it relates, and
file number; and none of | ||||||
26 | the other data on the certificate of death
except as authorized |
| |||||||
| |||||||
1 | under subsection (5) of this Section.
| ||||||
2 | (4) Certification or a certified copy of a certificate | ||||||
3 | shall be issued:
| ||||||
4 | (a) Upon the order of a court of competent | ||||||
5 | jurisdiction; or
| ||||||
6 | (b) In case of a birth certificate, upon the specific | ||||||
7 | written
request for a certification or certified copy by | ||||||
8 | the person, if of legal
age, by a parent or other legal | ||||||
9 | representative of the person to whom the
record of birth | ||||||
10 | relates, or by a person having a genealogical interest; or
| ||||||
11 | (c) Upon the specific written request for a | ||||||
12 | certification or certified
copy by a department of the | ||||||
13 | state or a municipal corporation or the federal
government; | ||||||
14 | or
| ||||||
15 | (d) In case of a death or fetal death certificate, upon | ||||||
16 | specific
written request for a certified copy by a person, | ||||||
17 | or his duly authorized
agent, having a genealogical, | ||||||
18 | personal or property right interest in
the record.
| ||||||
19 | A genealogical interest shall be a proper purpose with | ||||||
20 | respect to
births which occurred not less than 75 years and | ||||||
21 | deaths which occurred not
less than 20 years prior to the date | ||||||
22 | of written request. Where the purpose
of the request is a | ||||||
23 | genealogical interest, the custodian shall stamp the
| ||||||
24 | certification or copy with the words, FOR GENEALOGICAL PURPOSES | ||||||
25 | ONLY.
| ||||||
26 | (5) Any certification or certified copy issued pursuant to |
| |||||||
| |||||||
1 | this
Section shall show the date of registration; and copies | ||||||
2 | issued from
records marked "delayed," "amended," or "court | ||||||
3 | order" shall be similarly
marked and show the effective date.
| ||||||
4 | (6) Any certification or certified copy of a certificate | ||||||
5 | issued in
accordance with this Section shall be considered as | ||||||
6 | prima facie evidence
of the facts therein stated, provided that | ||||||
7 | the evidentiary value of a
certificate or record filed more | ||||||
8 | than one year after the event, or a
record which has been | ||||||
9 | amended, shall be determined by the judicial or
administrative | ||||||
10 | body or official before whom the certificate is offered
as | ||||||
11 | evidence.
| ||||||
12 | (7) Any certification or certified copy issued pursuant to | ||||||
13 | this
Section shall be issued without charge when the record is | ||||||
14 | required by
the United States Veterans Administration or by any | ||||||
15 | accredited veterans
organization to be used in determining the | ||||||
16 | eligibility of any person to
participate in benefits available | ||||||
17 | from such organization. Requests for
such copies must be in | ||||||
18 | accordance with Sections 1 and 2 of "An Act to
provide for the | ||||||
19 | furnishing of copies of public documents to interested
| ||||||
20 | parties," approved May 17, 1935, as now or hereafter amended.
| ||||||
21 | (8) The National Vital Statistics Division, or any agency | ||||||
22 | which may
be substituted therefor, may be furnished such copies | ||||||
23 | or data as it may
require for national statistics; provided | ||||||
24 | that the State shall be
reimbursed for the cost of furnishing | ||||||
25 | such data; and provided further
that such data shall not be | ||||||
26 | used for other than statistical purposes by
the National Vital |
| |||||||
| |||||||
1 | Statistics Division, or any agency which may be
substituted | ||||||
2 | therefor, unless so authorized by the State Registrar of
Vital | ||||||
3 | Records.
| ||||||
4 | (9) Federal, State, local, and other public or private | ||||||
5 | agencies may,
upon request, be furnished copies or data for | ||||||
6 | statistical purposes upon
such terms or conditions as may be | ||||||
7 | prescribed by the Department.
| ||||||
8 | (10) The State Registrar of Vital Records, at his | ||||||
9 | discretion and in
the interest of promoting registration of | ||||||
10 | births, may issue, without
fee, to the parents or guardian of | ||||||
11 | any or every child whose birth has
been registered in | ||||||
12 | accordance with the provisions of this Act, a special
notice of | ||||||
13 | registration of birth.
| ||||||
14 | (11) No person shall prepare or issue any certificate which | ||||||
15 | purports
to be an original, certified copy, or certification of | ||||||
16 | a certificate of
birth, death, or fetal death, except as | ||||||
17 | authorized in this Act or
regulations adopted hereunder.
| ||||||
18 | (12) A computer print-out of any record of birth, death or | ||||||
19 | fetal record
that may be certified under this Section may be | ||||||
20 | used
in place of such certification and such computer print-out | ||||||
21 | shall have the
same legal force and effect as a certified copy | ||||||
22 | of the document.
| ||||||
23 | (13) The State Registrar may verify from the information | ||||||
24 | contained in
the index maintained by the State Registrar the | ||||||
25 | authenticity of information
on births, deaths, marriages and | ||||||
26 | dissolution of marriages provided to a
federal agency or a |
| |||||||
| |||||||
1 | public agency of another state by a person seeking
benefits or | ||||||
2 | employment from the agency, provided the agency pays a fee of | ||||||
3 | $10.
| ||||||
4 | (14) The State Registrar may issue commemorative birth | ||||||
5 | certificates to
persons eligible to receive birth certificates | ||||||
6 | under this Section upon the
payment of a fee to be determined | ||||||
7 | by the State Registrar.
| ||||||
8 | (Source: P.A. 91-382, eff. 7-30-99; 92-141, eff. 7-24-01.)
| ||||||
9 | Section 40. The Cemetery Protection Act is amended by | ||||||
10 | changing Section .01 as follows:
| ||||||
11 | (765 ILCS 835/.01) (from Ch. 21, par. 14.01)
| ||||||
12 | Sec. .01. For the purposes of this Act, the term:
| ||||||
13 | "Cemetery authority" means an individual or legal entity | ||||||
14 | that owns or controls cemetery lands or property. | ||||||
15 | "Cemetery manager" means an individual who is engaged in, | ||||||
16 | or holding himself or herself out as engaged in, those | ||||||
17 | activities involved in or incidental to supervising the | ||||||
18 | following: the maintenance, operation, development, or | ||||||
19 | improvement of a cemetery licensed under this Act; the | ||||||
20 | interment of human remains; or the care, preservation, and | ||||||
21 | embellishment of cemetery property. This definition also | ||||||
22 | includes, without limitation, an individual that is an | ||||||
23 | independent contractor or individuals employed or contracted | ||||||
24 | by an independent contractor who is engaged in, or holding |
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1 | himself or herself out as engaged in, those activities involved | ||||||
2 | in or incidental to supervising the following: the maintenance, | ||||||
3 | operation, development, or improvement of a cemetery licensed | ||||||
4 | under this Act; the interment of human remains; or the care, | ||||||
5 | preservation, and embellishment of cemetery property.
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6 | "Community mausoleum" means a mausoleum owned and operated | ||||||
7 | by a cemetery authority that contains multiple entombment | ||||||
8 | rights sold to the public.
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9 | (Source: P.A. 96-863, eff. 3-1-10.)
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10 | Section 95. No acceleration or delay. Where this Act makes | ||||||
11 | changes in a statute that is represented in this Act by text | ||||||
12 | that is not yet or no longer in effect (for example, a Section | ||||||
13 | represented by multiple versions), the use of that text does | ||||||
14 | not accelerate or delay the taking effect of (i) the changes | ||||||
15 | made by this Act or (ii) provisions derived from any other | ||||||
16 | Public Act.
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
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