Full Text of SB1402 96th General Assembly
SB1402ham004 96TH GENERAL ASSEMBLY
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Rep. Monique D. Davis
Filed: 5/5/2010
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| AMENDMENT TO SENATE BILL 1402
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| AMENDMENT NO. ______. Amend Senate Bill 1402, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Cemetery Oversight Act is amended by | 6 |
| changing Sections 5-20, 15-5, 15-15, and 75-55 and by adding | 7 |
| Sections 15-20 and 15-30 as follows: | 8 |
| (225 ILCS 411/5-20) | 9 |
| (Section scheduled to be repealed on January 1, 2021) | 10 |
| Sec. 5-20. Exemptions.
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| (a) Notwithstanding any provision of law to the contrary, | 12 |
| this Act does not apply to (1) any cemetery authority operating | 13 |
| as a family burying ground, (2) any cemetery authority that has | 14 |
| not engaged in an interment, inurnment, or entombment of human | 15 |
| remains within the last 10 years and does not accept or | 16 |
| maintain care funds, or (3) any cemetery authority that is less |
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| than 2 acres and does not accept or maintain care funds. For | 2 |
| purposes of determining the applicability of this subsection, | 3 |
| the number of interments, inurnments, and entombments shall be | 4 |
| aggregated for each calendar year. A cemetery authority | 5 |
| claiming a full exemption shall apply for exempt status as | 6 |
| provided for in Section 10-20 Article 10 of this Act. A | 7 |
| cemetery authority that performs activities that would | 8 |
| disqualify it from a full exemption is required to apply for | 9 |
| licensure within one year following the date on which its | 10 |
| activities would disqualify it for a full exemption. A cemetery | 11 |
| authority that previously qualified for and maintained a full | 12 |
| exemption that fails to timely apply for licensure shall be | 13 |
| deemed to have engaged in unlicensed practice and shall be | 14 |
| subject to discipline in accordance with Article 25 of this | 15 |
| Act. | 16 |
| (b) A Notwithstanding any provision of law to the contrary, | 17 |
| a cemetery authority that does not qualify for a full exemption | 18 |
| and that is operating as a cemetery authority (i) that engages | 19 |
| in 25 or fewer interments, inurnments, or entombments of human | 20 |
| remains for each of the preceding 2 calendar years and does not | 21 |
| accept or maintain care funds, (ii) operates that is operating | 22 |
| as a public cemetery, or (iii) operates that is operating as a | 23 |
| religious cemetery is exempt from this Act, but is required to | 24 |
| comply with Section 10-23, subsections (a), (b), (b-5), (c), | 25 |
| and (d) of Section 20-5, Sections 20-5(a), 20-5(b), 20-5(b-5), | 26 |
| 20-5(c), 20-5(d), 20-6, 20-8, 20-10, 20-11, 20-12, 20-30, 25-3, |
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| and 25-120 , and Article 35 of this Act. | 2 |
| A cemetery authority that (i) does not qualify for a full | 3 |
| exemption, (ii) operates as a public cemetery or religious | 4 |
| cemetery, and (iii) holds care funds shall also comply with | 5 |
| subsections (a), (b), (c), and (d) of Section 15-5, subsections | 6 |
| (c-5) and (f) of Section 15-15, and Sections 15-20, 15-25, and | 7 |
| 15-30 of this Act. | 8 |
| Cemetery authorities claiming a partial exemption shall | 9 |
| apply for the partial exemption as provided in Section 10-20 | 10 |
| Article 10 of this Act. A cemetery authority that changes to a | 11 |
| status that would disqualify it from a partial exemption is | 12 |
| required to apply for licensure within one year following the | 13 |
| date on which it changes its status. A cemetery authority that | 14 |
| maintains a partial exemption that fails to timely apply for | 15 |
| licensure shall be deemed to have engaged in unlicensed | 16 |
| practice and shall be subject to discipline in accordance with | 17 |
| Article 25 of this Act.
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| (c) Nothing in this Act applies to the City of Chicago in | 19 |
| its exercise of its powers under the O'Hare Modernization Act | 20 |
| or limits the authority of the City of Chicago to acquire | 21 |
| property or otherwise exercise its powers under the O'Hare | 22 |
| Modernization Act, or requires the City of Chicago, or any | 23 |
| person acting on behalf of the City of Chicago, to comply with | 24 |
| the licensing, regulation, investigation, or mediation | 25 |
| requirements of this Act in exercising its powers under the | 26 |
| O'Hare Modernization Act. |
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| (Source: P.A. 96-863, eff. 3-1-10.) | 2 |
| (225 ILCS 411/15-5) | 3 |
| (Section scheduled to be repealed on January 1, 2021) | 4 |
| Sec. 15-5. Gifts and contributions; trust funds. | 5 |
| (a) A licensed cemetery authority is hereby authorized and | 6 |
| empowered to accept any gift, grant, contribution, payment, | 7 |
| legacy, or pursuant to contract, any sum of money, funds, | 8 |
| securities, or property of any kind, or the income or avails | 9 |
| thereof, and to establish a trust fund to hold the same in | 10 |
| perpetuity for the care of its cemetery, or for the care of any | 11 |
| lot, grave, crypt, or niche in its cemetery, or for the special | 12 |
| care of any lot, grave, crypt, or niche or of any family | 13 |
| mausoleum or memorial, marker, or monument in its cemetery. | 14 |
| (a-5) For licensed cemetery authorities accepting care | 15 |
| funds, not Not less than the following amounts will be set | 16 |
| aside and deposited in trust: | 17 |
| (1) For interment rights, $1 per square foot of the | 18 |
| space sold or 15% of the sales price or imputed value, | 19 |
| whichever is the greater, with a minimum of $25 for each | 20 |
| individual interment right. | 21 |
| (2) For entombment rights, not less than 10% of the | 22 |
| sales price or imputed value with a minimum of $25 for each | 23 |
| individual entombment right. | 24 |
| (3) For inurnment rights, not less than 10% of the | 25 |
| sales price or imputed value with a minimum of $15 for each |
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| individual inurnment right. | 2 |
| (4) For any transfer of interment rights, entombment | 3 |
| rights, or inurnment rights recorded in the records of the | 4 |
| cemetery authority, a minimum of $25 for each such right | 5 |
| transferred. This does not apply to transfers between a | 6 |
| transferor and his or her spouse, parents, grandparents, | 7 |
| children, grandchildren, or siblings. | 8 |
| (5) For Upon an interment, entombment, or inurnment in | 9 |
| a grave, crypt, or niche in which rights of interment, | 10 |
| entombment, or inurnment were originally acquired from a | 11 |
| cemetery authority prior to January 1, 1948, a minimum of | 12 |
| $25 for each such right exercised. | 13 |
| (6) For an interment, entombment, or inurnment in a | 14 |
| grave, crypt, or niche in which the rights of interment, | 15 |
| entombment, or inurnment were originally acquired from a | 16 |
| cemetery authority prior to the creation of the cemetery's | 17 |
| care fund, a minimum of $25 for each such right exercised | 18 |
| on or after the date of the creation of the cemetery's care | 19 |
| fund. | 20 |
| (7) For the special care of any lot, grave, crypt, or | 21 |
| niche or of a family mausoleum, memorial, marker, or | 22 |
| monument, the full amount received.
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| (b) The cemetery authority shall act as trustee of all | 24 |
| amounts received for care unless and until they have been | 25 |
| deposited with a corporate fiduciary as defined in Section | 26 |
| 1-5.05 of the Corporate Fiduciary Act. A licensed cemetery |
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| authority may continue to be the trustee of care funds that | 2 |
| have been deposited into its trust fund up to an amount as set | 3 |
| by rule, but the licensed cemetery authority must retain an | 4 |
| independent trustee for any amount of care funds held in trust | 5 |
| in excess of that amount. All trust deposits shall be made | 6 |
| within 30 days after receipt. | 7 |
| (c) No gift, grant, legacy, payment, or other contribution | 8 |
| shall be invalid by reason of any indefiniteness or uncertainty | 9 |
| as to the beneficiary designated in the instrument creating the | 10 |
| gift, grant, legacy, payment, or other contribution. If any | 11 |
| gift, grant, legacy, payment, or other contribution consists of | 12 |
| non-income producing property, then the cemetery authority | 13 |
| accepting it is authorized and empowered to sell such property | 14 |
| and to invest the funds obtained in accordance with subsection | 15 |
| (d) of this Section. | 16 |
| (d) The care funds authorized by this Section and provided
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| for in this Article shall be held intact and, unless otherwise | 18 |
| restricted by the terms of the gift, grant, legacy, | 19 |
| contribution, payment, contract, or other payment, as to | 20 |
| investments made after June 11, 1951, the trustee of the care | 21 |
| funds of the cemetery authority, in acquiring, investing, | 22 |
| reinvesting, exchanging, retaining, selling, and managing | 23 |
| property for any such trust, shall act in accordance with the | 24 |
| duties for trustees set forth in the Illinois Trusts and | 25 |
| Trustees Act. Within the limitations of the foregoing standard, | 26 |
| the trustee of the care funds of the cemetery authority is |
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| authorized to acquire and retain every kind of property, real, | 2 |
| personal, or mixed, and every kind of investment, including | 3 |
| specifically, but without limiting the generality of the | 4 |
| foregoing, bonds, debentures and other corporate obligations, | 5 |
| preferred or common stocks and real estate mortgages, which | 6 |
| persons of prudence, discretion, and intelligence acquire or | 7 |
| retain for their own account. Within the limitations of the | 8 |
| foregoing standard, the trustee is authorized to retain | 9 |
| property properly acquired, without limitation as to time and | 10 |
| without regard to its suitability for original purchase. The | 11 |
| care funds authorized by this Section may be commingled with | 12 |
| other trust funds received by such cemetery authority for the | 13 |
| care of its cemetery or for the care or special care of any | 14 |
| lot, grave, crypt, niche, private mausoleum, memorial, marker, | 15 |
| or monument in its cemetery, whether received by gift, grant, | 16 |
| legacy, contribution, payment, contract, or other conveyance | 17 |
| made to such cemetery authority. Such care funds may be | 18 |
| invested with common trust funds as provided in the Common | 19 |
| Trust Fund Act. The net income only from the investment of such | 20 |
| care funds shall be allocated and used for the purposes | 21 |
| specified in the transaction by which the principal was | 22 |
| established in the proportion that each contribution bears to | 23 |
| the entire sum invested.
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| (Source: P.A. 96-863, eff. 3-1-10.) | 25 |
| (225 ILCS 411/15-15) |
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| (Section scheduled to be repealed on January 1, 2021) | 2 |
| Sec. 15-15. Care funds; deposits; investments. | 3 |
| (a) Whenever a cemetery authority accepts care funds, | 4 |
| either in connection with the sale or giving away at an imputed | 5 |
| value of an interment right, entombment right, or inurnment | 6 |
| right, or in pursuance of a contract, or whenever, as a | 7 |
| condition precedent to the purchase or acceptance of an | 8 |
| interment right, entombment right, or inurnment right, such | 9 |
| cemetery authority shall establish a care fund or deposit the | 10 |
| funds in an already existing care fund. | 11 |
| (b) The cemetery authority shall execute and deliver to the | 12 |
| person from whom it received the care funds an instrument in | 13 |
| writing that shall specifically state: (i) the nature and | 14 |
| extent of the care to be furnished and (ii) that such care | 15 |
| shall be furnished only in so far as net income derived from | 16 |
| the amount deposited in trust will permit (the income from the | 17 |
| amount so deposited, less necessary expenditures of | 18 |
| administering the trust, shall be deemed the net income). | 19 |
| (c) The setting-aside and deposit of care funds shall be | 20 |
| made by such cemetery authority no later than 30 days after the | 21 |
| close of the month in which the cemetery authority gave away | 22 |
| for an imputed value or received the final payment on the | 23 |
| purchase price of interment rights, entombment rights, or | 24 |
| inurnment rights, or received the final payment for the general | 25 |
| or special care of a lot, grave, crypt, or niche or of a family | 26 |
| mausoleum, memorial, marker, or monument, and such amounts |
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| shall be held by the trustee of the care funds of such cemetery | 2 |
| authority in trust and in perpetuity for the specific purposes | 3 |
| stated in the written instrument described in subsection (b). | 4 |
| (c-5) For all care funds received by a cemetery authority, | 5 |
| except for care funds received by a cemetery authority pursuant | 6 |
| to a specific gift, grant, contribution, payment, legacy, or | 7 |
| contract that are subject to investment restrictions more | 8 |
| restrictive than the investment provisions set forth in this | 9 |
| Act, and except for care funds otherwise subject to a trust | 10 |
| agreement executed by a person or persons responsible for | 11 |
| transferring the specific gift, grant, contribution, payment, | 12 |
| or legacy to the cemetery authority that contains investment | 13 |
| restrictions more restrictive than the investment provisions | 14 |
| set forth in this Act, the cemetery authority may, without the | 15 |
| necessity of having to obtain prior approval from any court in | 16 |
| this State, designate a new trustee in accordance with this Act | 17 |
| and invest the care funds in accordance with this Section, | 18 |
| notwithstanding any contrary limitation contained in the trust | 19 |
| agreement. | 20 |
| (d) Any cemetery authority engaged in selling or giving | 21 |
| away at an imputed value interment rights, entombment rights, | 22 |
| or inurnment rights, in conjunction with the selling or giving | 23 |
| away at an imputed value any other merchandise or services not | 24 |
| covered by this Act, shall be prohibited from increasing the | 25 |
| sales price or imputed value of those items not requiring a | 26 |
| care fund deposit under this Act with the purpose of allocating |
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| a lesser sales price or imputed value to items that require a | 2 |
| care fund deposit. | 3 |
| (e) If any sale that requires a deposit to a cemetery | 4 |
| authority's care fund is made by a cemetery authority on an | 5 |
| installment basis, and the installment contract is factored, | 6 |
| discounted, or sold to a third party, then the cemetery | 7 |
| authority shall deposit the amount due to the care fund within | 8 |
| 30 days after the close of the month in which the installment | 9 |
| contract was factored, discounted, or sold. If, subsequent to | 10 |
| such deposit, the purchaser defaults on the contract such that | 11 |
| no care fund deposit on that contract would have been required, | 12 |
| then the cemetery authority may apply the amount deposited as a | 13 |
| credit against future required deposits. | 14 |
| (f) The trust authorized by this Section shall be a single | 15 |
| purpose trust fund. In the event of the cemetery authority's | 16 |
| bankruptcy, insolvency, or assignment for the benefit of | 17 |
| creditors, or an adverse judgment, the trust funds shall not be | 18 |
| available to any creditor as assets of the cemetery authority | 19 |
| or to pay any expenses of any bankruptcy or similar proceeding, | 20 |
| but shall be retained intact to provide for the future | 21 |
| maintenance of the cemetery. Except in an action by the | 22 |
| Department to revoke a license issued pursuant to this Act and | 23 |
| for creation of a receivership as provided in this Act, the | 24 |
| trust shall not be subject to judgment, execution, garnishment, | 25 |
| attachment, or other seizure by process in bankruptcy or | 26 |
| otherwise, nor to sale, pledge, mortgage, or other alienation, |
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| and shall not be assignable except as approved by the | 2 |
| Department.
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| (Source: P.A. 96-863, eff. 3-1-10.) | 4 |
| (225 ILCS 411/15-20 new) | 5 |
| (Section scheduled to be repealed on January 1, 2021) | 6 |
| Sec. 15-20. Use of care funds by a public cemetery. When | 7 |
| the State of Illinois or any county, city, village, | 8 |
| incorporated town, township, multi-township, public cemetery | 9 |
| district, or other municipal or political subdivision or | 10 |
| instrumentality thereof in Illinois takes over a cemetery or | 11 |
| cemetery authority, the care fund and care fund expenditures | 12 |
| continue to be subject to the provisions of this Act, and the | 13 |
| new public cemetery must continue to use the care fund | 14 |
| exclusively for the care and maintenance of the cemetery in | 15 |
| accordance with this Act. | 16 |
| (225 ILCS 411/15-30 new) | 17 |
| (Section scheduled to be repealed on January 1, 2021) | 18 |
| Sec. 15-30. Promises of perpetual care. | 19 |
| (a) Except as provided in subsection (b) of this Section, | 20 |
| no cemetery authority shall advertise, represent, guarantee, | 21 |
| promise, or enter into a contract to furnish any of the | 22 |
| following types of care for a cemetery, lot, grave, crypt, | 23 |
| niche, family mausoleum, memorial, marker, or monument: | 24 |
| (1) perpetual care, |
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| (2) permanent care, | 2 |
| (3) perpetual or permanent maintenance, | 3 |
| (4) care forever, | 4 |
| (5) continuous care, | 5 |
| (6) eternal care, | 6 |
| (7) everlasting care, | 7 |
| (8) care for any number of years, or | 8 |
| (9) any similar or equivalent care. | 9 |
| (b) A cemetery authority may advertise, represent, | 10 |
| guarantee, promise, or enter a contract to furnish care as | 11 |
| described in items (1) through (9) of subsection (a) if: | 12 |
| (1) the care is furnished solely from the net income | 13 |
| derived from funds held in trust as provided in Article 15 | 14 |
| of this Act; or | 15 |
| (2) the contract provides that the principal of the | 16 |
| amount paid under the contract shall be used to furnish the | 17 |
| care and specifies the type of care and the number of years | 18 |
| for which it is to be given. | 19 |
| (225 ILCS 411/75-55) | 20 |
| (Section scheduled to be repealed on January 1, 2021) | 21 |
| Sec. 75-55. Transition.
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| (a) Within 60 days after the effective date of this Act, | 23 |
| the Comptroller shall provide the Department copies of records | 24 |
| in the Comptroller's possession pertaining to the Cemetery Care | 25 |
| Act and the Crematory Regulation Act that are necessary for the |
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| Department's immediate responsibilities under this Act. All | 2 |
| other records pertaining to the Cemetery Care Act and the | 3 |
| Crematory Regulation Act shall be transferred to the Department | 4 |
| by March 1, 2012. In the case of records that pertain both to | 5 |
| the administration of the Cemetery Care Act or the Crematory | 6 |
| Regulation Act and to a function retained by the Comptroller, | 7 |
| the Comptroller, in consultation with the Department, shall | 8 |
| determine, within 60 days after the repeal of the Cemetery Care | 9 |
| Act, whether the records shall be transferred, copied, or left | 10 |
| with the Comptroller; until this determination has been made | 11 |
| the transfer shall not occur. | 12 |
| (b) A person licensed under one of the Acts listed in | 13 |
| subsection (a) of this Section or regulated under the Cemetery | 14 |
| Association Act shall continue to comply with the provisions of | 15 |
| those Acts until such time as the person is licensed under this | 16 |
| Act or those Acts are repealed or the amendatory changes made | 17 |
| by this amendatory Act of the 96th General Assembly take | 18 |
| effect, as the case may be, whichever is earlier. | 19 |
| (c) To support the costs that may be associated with | 20 |
| implementing and maintaining a licensure and regulatory | 21 |
| process for the licensure and regulation of cemetery | 22 |
| authorities, cemetery managers, customer service employees, | 23 |
| and cemetery workers, all cemetery authorities that do not | 24 |
| qualify for not maintaining a full exemption or partial | 25 |
| exemption shall pay the following to the Department: | 26 |
| (1) by the first day of fifth full calendar month after |
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| the effective date of this amendatory Act of the 96th
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| General Assembly, a one-time fee of $20 for each cemetery | 3 |
| authority license to the Department plus a fee of $5 per | 4 |
| interment, inurnment, or entombment performed between and | 5 |
| including the first day of the first full
calendar month | 6 |
| after the effective date of this amendatory Act and the | 7 |
| last day of the third full calendar
month after the | 8 |
| effective date of this amendatory Act of the 96th General | 9 |
| Assembly; and | 10 |
| (2) by the first day of eighth full calendar month | 11 |
| after the effective date of this amendatory Act of the
96th | 12 |
| General Assembly, a fee of $5 per interment, inurnment, or | 13 |
| entombment performed between and including the
first day of | 14 |
| the fourth full calendar month after the effective date of | 15 |
| this amendatory Act and the last
day of the sixth full | 16 |
| calendar month after the effective date of this amendatory | 17 |
| Act of the 96th General
Assembly; and | 18 |
| (3) by July 1 of each year, beginning on July 1, 2012, | 19 |
| a fee of $2 per interment, inurnment, or entombment | 20 |
| performed during the preceding calendar year an additional | 21 |
| charge of $1 per burial unit per year within the cemetery . | 22 |
| The Department may establish forms for the collection of | 23 |
| the fee established under this subsection (c) and shall deposit | 24 |
| such fee into the Cemetery Oversight Licensing and Disciplinary | 25 |
| Fund. The Department may begin to collect the aforementioned | 26 |
| fee after the effective date of this Act. In addition, the |
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| Department may establish rules for the collection process, | 2 |
| which may include, but shall not be limited to, dates, forms, | 3 |
| enforcement, or other procedures necessary for the effective | 4 |
| collection, deposit, and
overall process regarding this | 5 |
| Section. | 6 |
| (d) Any cemetery authority that fails to pay to the | 7 |
| Department the required fee or submits the incorrect amount | 8 |
| shall be subject to the penalties provided for in Section | 9 |
| 25-110 of this Act. | 10 |
| (e) Except as otherwise specifically provided, all fees, | 11 |
| fines, penalties, or other moneys received or collected | 12 |
| pursuant to this Act shall be deposited in the Cemetery | 13 |
| Oversight Licensing and Disciplinary Fund. | 14 |
| (f) All proportionate funds held in the Comptroller's | 15 |
| Administrative Fund related to unexpended moneys collected | 16 |
| under the Cemetery Care Act and the Crematory Regulation Act | 17 |
| shall be transferred to the Cemetery Oversight Licensing and | 18 |
| Disciplinary Fund within 60 days after the effective date of | 19 |
| the repeal of the Cemetery Care Act. | 20 |
| (g) Personnel employed by the Comptroller on February 29, | 21 |
| 2012, to perform the duties pertaining to the administration of | 22 |
| the Cemetery Care Act and the Crematory Regulation Act, are | 23 |
| transferred to the Department on March 1, 2012. | 24 |
| The rights of State employees, the State, and its agencies | 25 |
| under the Comptroller Merit Employment Code and applicable | 26 |
| collective bargaining agreements and retirement plans are not |
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| affected under this Act, except that all positions transferred | 2 |
| to the Department shall be subject to the Personnel Code | 3 |
| effective March 1, 2012. | 4 |
| All transferred employees who are members of collective | 5 |
| bargaining units shall retain their seniority, continuous | 6 |
| service, salary, and accrued benefits. During the pendency of | 7 |
| the existing collective bargaining agreement, the rights | 8 |
| provided for under that agreement shall not be abridged. | 9 |
| The Department shall continue to honor during their | 10 |
| pendency all bargaining agreements in effect at the time of the | 11 |
| transfer and to recognize all collective bargaining | 12 |
| representatives for the employees who perform or will perform | 13 |
| functions transferred by this Act. For all purposes with | 14 |
| respect to the management of the existing agreement and the | 15 |
| negotiation and management of any successor agreements, the | 16 |
| Department shall be deemed the employer of employees who | 17 |
| perform or will perform functions transferred to the Department | 18 |
| by this Act. | 19 |
| (Source: P.A. 96-863, eff. 3-1-10.) | 20 |
| Section 10. The Crematory Regulation Act is amended by | 21 |
| changing Sections 11 and 13 as follows: | 22 |
| (410 ILCS 18/11) | 23 |
| (Text of Section before amendment by P.A. 96-863 ) | 24 |
| (Section scheduled to be repealed on January 1, 2021) |
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| Sec. 11. Grounds for refusal of license or suspension or | 2 |
| revocation of
license. | 3 |
| (a) In this Section, "applicant" means a person who has | 4 |
| applied for a
license
under
this Act. | 5 |
| (b) The Comptroller may refuse to issue a license under | 6 |
| this Act, or may
suspend
or revoke a license issued under this | 7 |
| Act, on any of the following grounds: | 8 |
| (1) The applicant or licensee has made any | 9 |
| misrepresentation or false
statement or concealed any | 10 |
| material fact in connection with a license
application or | 11 |
| licensure under this Act. | 12 |
| (2) The applicant or licensee has been engaged in | 13 |
| business practices that
work a fraud. | 14 |
| (3) The applicant or licensee has refused to give | 15 |
| information required
under this Act to be disclosed to the
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| Comptroller. | 17 |
| (4) The applicant or licensee has conducted or is about | 18 |
| to conduct
cremation
business in a 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 |
|
|
|
09600SB1402ham004 |
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LRB096 08920 ASK 41273 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 |
| (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 Department may refuse to issue a license, place on | 24 |
| probation, reprimand, or take other disciplinary action that | 25 |
| the Department may deem appropriate, including imposing fines |
|
|
|
09600SB1402ham004 |
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LRB096 08920 ASK 41273 a |
|
| 1 |
| not to exceed $10,000 for each violation, with regard to any | 2 |
| license under this Act, or may
suspend
or revoke a license | 3 |
| issued under this Act, on any of the following grounds: | 4 |
| (1) The applicant or licensee has made any | 5 |
| misrepresentation or false
statement or concealed any | 6 |
| material fact in furnishing information to the Department. | 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 |
| Department or failing, within 30 days, to provide | 12 |
| information in response to a written request made by the | 13 |
| Department. | 14 |
| (4) Engaging in dishonorable, unethical, or | 15 |
| unprofessional conduct of a character likely to deceive, | 16 |
| defraud, or harm the public. | 17 |
| (5) As to any individual listed in the license | 18 |
| application as required
under Section 10, that individual | 19 |
| has conducted or is about to conduct any
cremation business | 20 |
| on behalf of the applicant in a fraudulent manner or has
| 21 |
| been
convicted
of any felony or misdemeanor an essential | 22 |
| element of which is fraud. | 23 |
| (6) The applicant or licensee has failed to make the | 24 |
| annual report
required
by this Act or to comply with a | 25 |
| final order, decision, or finding of the
Department
made | 26 |
| under this Act. |
|
|
|
09600SB1402ham004 |
- 20 - |
LRB096 08920 ASK 41273 a |
|
| 1 |
| (7) The applicant or licensee, including any member, | 2 |
| officer, or director
of
the applicant or licensee if the | 3 |
| applicant or licensee is a firm, partnership,
association, | 4 |
| or corporation and including any shareholder holding more | 5 |
| than 25%
of the corporate stock of the applicant or | 6 |
| licensee, has violated any provision
of
this Act or any | 7 |
| regulation or order made by the Department under this Act. | 8 |
| (8) The Department finds any fact or condition existing | 9 |
| that, if it had
existed at the time of the original | 10 |
| application for a license under this Act,
would
have | 11 |
| warranted the Department Comptroller in refusing the | 12 |
| issuance of the license. | 13 |
| (9) Any violation of this Act or of the rules adopted | 14 |
| under this Act. | 15 |
| (10) Incompetence. | 16 |
| (11) Gross malpractice. | 17 |
| (12) Discipline by another state, District of | 18 |
| Columbia, territory, or foreign nation, if at least one of | 19 |
| the grounds for the discipline is the same or substantially | 20 |
| equivalent to those set forth in this Section. | 21 |
| (13) Directly or indirectly giving to or receiving from | 22 |
| any person, firm, corporation, partnership, or association | 23 |
| any fee, commission, rebate, or other form of compensation | 24 |
| for professional services not actually or personally | 25 |
| rendered. | 26 |
| (14) A finding by the Department that the licensee, |
|
|
|
09600SB1402ham004 |
- 21 - |
LRB096 08920 ASK 41273 a |
|
| 1 |
| after having its license placed on probationary status, has | 2 |
| violated the terms of probation. | 3 |
| (15) Willfully making or filing false records or | 4 |
| reports, including, but not limited to, false records filed | 5 |
| with State agencies or departments. | 6 |
| (16) Gross, willful, or continued overcharging for | 7 |
| professional services, including filing false statements | 8 |
| for collection of fees for which services are not rendered. | 9 |
| (17) Practicing under a false or, except as provided by
| 10 |
| law, an assumed name. | 11 |
| (18) Cheating on or attempting to subvert this Act's | 12 |
| licensing application process. | 13 |
| (Source: P.A. 96-863, eff. 3-1-12.)
| 14 |
| (410 ILCS 18/13)
| 15 |
| (Text of Section before amendment by P.A. 96-863 )
| 16 |
| (Section scheduled to be repealed on January 1, 2021) | 17 |
| Sec. 13. License; display; transfer; duration.
| 18 |
| (a) Every license issued under this Act must state the | 19 |
| number of the
license, the
business name and address of the | 20 |
| licensee's principal place of business, and
the licensee's
| 21 |
| parent company, if any. The license must be conspicuously | 22 |
| posted in the place
of business
operating under the license.
| 23 |
| (b) No license is transferable or assignable without the | 24 |
| express
written
consent of the Comptroller. A transfer of more | 25 |
| than 50% of the ownership of any
business licensed under this |
|
|
|
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- 22 - |
LRB096 08920 ASK 41273 a |
|
| 1 |
| Act shall be deemed to be an attempted assignment
of
the | 2 |
| license
originally issued to the licensee for whom consent of | 3 |
| the Comptroller is
required.
| 4 |
| (c) Every license issued under this Act shall remain in | 5 |
| force until it has
been
surrendered, suspended, or revoked in | 6 |
| accordance with this Act.
Upon
the request of an interested | 7 |
| person or on the Comptroller's own motion, the
Comptroller may
| 8 |
| issue a new
license to a licensee whose license has been | 9 |
| revoked under this Act if no
factor or
condition then exists | 10 |
| which would have warranted the Comptroller in
originally | 11 |
| refusing
the issuance of the license.
| 12 |
| (Source: P.A. 92-675, eff. 7-1-03.)
| 13 |
| (Text of Section after amendment by P.A. 96-863 )
| 14 |
| (Section scheduled to be repealed on January 1, 2021) | 15 |
| Sec. 13. License; display; transfer; duration.
| 16 |
| (a) Every license issued under this Act must state the | 17 |
| number of the
license, the
business name and address of the | 18 |
| licensee's principal place of business, and
the licensee's
| 19 |
| parent company, if any. The license must be conspicuously | 20 |
| posted in the place
of business
operating under the license.
| 21 |
| (b) After initial licensure, if any person comes to obtain | 22 |
| at least 51% 25% of the ownership over the licensed crematory | 23 |
| authority, then the crematory authority shall have to apply for | 24 |
| a new license and receive licensure in the required time as set | 25 |
| out by rule.
|
|
|
|
09600SB1402ham004 |
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LRB096 08920 ASK 41273 a |
|
| 1 |
| (c) Every license issued under this Act shall remain in | 2 |
| force until it has
been
surrendered, suspended, or revoked in | 3 |
| accordance with this Act.
Upon
the request of an interested | 4 |
| person or on the Department's own motion, the Department
may
| 5 |
| issue a new
license to a licensee whose license has been | 6 |
| revoked under this Act if no
factor or
condition then exists | 7 |
| which would have warranted the Department in
originally | 8 |
| refusing
the issuance of the license.
| 9 |
| (Source: P.A. 96-863, eff. 3-1-12.)
| 10 |
| Section 20. The Cemetery Protection Act is amended by | 11 |
| changing Section .01 as follows: | 12 |
| (765 ILCS 835/.01) (from Ch. 21, par. 14.01) | 13 |
| Sec. .01. For the purposes of this Act, the term: | 14 |
| "Cemetery authority" means an individual or legal entity | 15 |
| that owns or controls cemetery lands or property as further | 16 |
| defined in the Cemetery Oversight Act. | 17 |
| "Cemetery manager" means an individual who is engaged in, | 18 |
| or holding himself or herself out as engaged in, those | 19 |
| activities involved in or incidental to supervising the | 20 |
| following: the maintenance, operation, development, or | 21 |
| improvement of a cemetery licensed under this Act; the | 22 |
| interment of human remains; or the care, preservation, and | 23 |
| embellishment of cemetery property. This definition also | 24 |
| includes, without limitation, an individual that is an |
|
|
|
09600SB1402ham004 |
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LRB096 08920 ASK 41273 a |
|
| 1 |
| independent contractor or individuals employed or contracted | 2 |
| by an independent contractor who is engaged in, or holding | 3 |
| himself or herself out as engaged in, those activities involved | 4 |
| in or incidental to supervising the following: the maintenance, | 5 |
| operation, development, or improvement of a cemetery licensed | 6 |
| under this Act; the interment of human remains; or the care, | 7 |
| preservation, and embellishment of cemetery property. | 8 |
| "Community mausoleum" means a mausoleum owned and operated | 9 |
| by a cemetery authority that contains multiple entombment | 10 |
| rights sold to the public.
| 11 |
| (Source: P.A. 96-863, eff. 3-1-10.) | 12 |
| Section 95. No acceleration or delay. Where this Act makes | 13 |
| changes in a statute that is represented in this Act by text | 14 |
| that is not yet or no longer in effect (for example, a Section | 15 |
| represented by multiple versions), the use of that text does | 16 |
| not accelerate or delay the taking effect of (i) the changes | 17 |
| made by this Act or (ii) provisions derived from any other | 18 |
| Public Act.
| 19 |
| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.".
|
|