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|[ Engrossed ]||[ Enrolled ]||[ House Amendment 001 ]|
|[ House Amendment 002 ]|
92_HB1825 LRB9202574EGfgA 1 AN ACT in relation to the cremation of animals. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Animal Cremation Act. 6 Section 5. Definitions. For the purposes of this Act: 7 "Provider of animal cremation services" or "provider" 8 means a person, company, or other entity engaging in the 9 business of cremating deceased animals (other than human 10 beings) in Illinois. 11 References to the "owner" of a deceased animal include 12 any person making arrangements on the owner's behalf. 13 Commingling of "significant amounts" of ashes from 14 different animals means that the ashes attributed to one 15 animal contain more than 0.1% by weight of ashes from one or 16 more other animals. 17 A person or business entity is deemed to refer owners or 18 bring business to a provider "on a regular basis" if the 19 person or entity (i) has a contractual or agency relationship 20 with the provider relating to the cremation of animals, (ii) 21 receives any compensation or consideration from the provider 22 or the owners of deceased animals relating to the cremation 23 of animals by the provider, or (iii) refers or brings to the 24 provider the business of more than 5 animal owners in an 25 average month. 26 Section 10. Written explanation of services. 27 (a) A provider of animal cremation services must prepare 28 a written explanation of the services offered, which may but 29 need not be in the form of a brochure. The written 30 explanation of services must include a detailed explanation -2- LRB9202574EGfgA 1 of each service offered. For each type or level of cremation 2 service offered, the written explanation of services shall 3 disclose: 4 (1) the specific services to be provided; 5 (2) whether the ashes of the cremated animal will 6 be returned to the deceased animal's owner and, if not, 7 the method of disposal; 8 (3) whether more than one animal will be cremated 9 at the same time, and if so (i) the approximate number of 10 animals to be cremated at the same time, (ii) whether the 11 conditions of cremation will result in the certain or 12 likely commingling of significant amounts of ashes from 13 different animals, and (iii) whether the conditions of 14 cremation will prevent the incidental commingling of 15 significant amounts of ashes from different animals; 16 (4) whether any part of the deceased animal will be 17 removed, used, or sold by the provider before or after 18 the cremation; and 19 (5) whether the provider of cremation services is 20 engaged in any other business relating to the use or 21 disposal of animals, animal parts, or animal by-products. 22 (b) The written explanation of services must not include 23 any false or misleading information. A written explanation 24 of services is misleading if: 25 (1) it fails to include a detailed explanation of 26 the cremation services offered or fails to include, for 27 each type or level of cremation service offered, the 28 disclosures required under subsection (a); 29 (2) it uses the term "private" or "individual" with 30 respect to a cremation procedure that will cremate more 31 than one animal at the same time or is certain or likely 32 to allow commingling of significant amounts of ashes from 33 different animals; 34 (3) it uses the term "separate" with respect to a -3- LRB9202574EGfgA 1 cremation procedure that will cremate more than one 2 animal at the same time or is certain or likely to allow 3 commingling of significant amounts of ashes from 4 different animals, without clearly and specifically 5 indicating that the procedure will cremate more than one 6 animal at the same time or is certain or likely to allow 7 commingling of significant amounts of ashes from 8 different animals; or 9 (4) it includes any text, picture, illustration, or 10 combination thereof, or uses any layout, typography, or 11 color scheme, in a way that is likely to lead a person of 12 normal intelligence to misunderstand the nature of the 13 services to be provided or to fail to read or understand 14 certain parts of the written explanation of services. 15 (c) A provider of animal cremation services shall 16 distribute the written explanation of services, without 17 charge: 18 (1) to the owner of each deceased animal with whom 19 the provider agrees to provide cremation services; 20 (2) to all veterinarians, pet shops, and other 21 persons or entities who refer animal owners or bring 22 deceased animals to the provider on a regular basis, in 23 quantities sufficient for distribution by those persons 24 or entities to the animal owners whose business is being 25 referred or brought to the provider; 26 (3) to the Office of the Attorney General, at least 27 annually; and 28 (4) to any other person upon request. 29 (d) The preparation or distribution by a provider of a 30 written explanation of services that the provider knows or 31 should know to be false or misleading constitutes a business 32 offense, punishable by a fine of at least $1,001 but not more 33 than $1,500 for a first offense and at least $2,000 but not 34 more than $2,500 for each subsequent offense. -4- LRB9202574EGfgA 1 A knowing failure to prepare or distribute a written 2 explanation of services as required by this Section 3 constitutes a business offense, punishable by a fine of at 4 least $1,001 but not more than $1,500 for a first offense and 5 at least $2,000 but not more than $2,500 for each subsequent 6 offense. 7 Section 15. Persons referring or bringing business to a 8 provider. 9 (a) A veterinarian, pet shop, or other person or 10 business entity that (i) refers owners of deceased animals to 11 a provider of animal cremation services on a regular basis or 12 (ii) accepts the remains of deceased animals from their 13 owners for cremation through services obtained from a 14 provider on a regular basis shall make available a copy of 15 the provider's written explanation of benefits to each animal 16 owner to whom the services of the provider are offered. 17 (b) It is sufficient for compliance with this subsection 18 that a copy of the written explanation of services is: 19 (1) given to the animal owner at the time the 20 services are offered; 21 (2) on display to the public and available for 22 taking in the waiting room, pet shop, or other place 23 where the person or entity does business; or 24 (3) posted in a conspicuous and accessible location 25 on the premises where the person or entity does business. 26 (c) Publishing or otherwise disseminating advertising 27 for a provider of animal cremation services does not, in 28 itself, constitute referring or bringing business to that 29 provider for the purposes of this Section. 30 Section 20. Certification; penalty for false 31 certification. 32 (a) Whenever a provider of animal cremation services -5- LRB9202574EGfgA 1 undertakes to provide services that include the return of the 2 ashes of the cremated animal to its owner, the provider shall 3 include a certification along with the returned ashes, 4 declaring to the best of the provider's knowledge and belief: 5 (1) that the cremation and any other services 6 specified were provided in accordance with the 7 representations of the provider in the applicable 8 portions of the provider's written explanation of 9 services; and 10 (2) whether the ashes of the cremated animal were 11 commingled with a significant amount of the ashes of 12 different animals, either purposefully, incidentally, or 13 as a predictable result of the cremation process used. 14 (b) To knowingly make a false certification under 15 subsection (a) is a business offense, punishable by a fine of 16 at least $1,001 but not more than $1,500 for a first offense 17 and at least $2,000 but not more than $2,500 for each 18 subsequent offense. 19 Section 95. The Consumer Fraud and Deceptive Business 20 Practices Act is amended by adding Section 2KK as follows: 21 (815 ILCS 505/2KK new) 22 Sec. 2KK. Animal cremation services. It is an unlawful 23 practice within the meaning of this Act for a provider of 24 animal cremation services (1) to fail to prepare or 25 distribute a written explanation of services as required by 26 the Animal Cremation Act; (2) to prepare or distribute a 27 written explanation of services that the provider knows or 28 should know to be false or misleading; or (3) to knowingly 29 make a false certification under Section 20 of that Act.
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