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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4     bSection 5. The Illinois Funeral or Burial Funds Act is
5amended by changing Section 3a as follows:
6    (225 ILCS 45/3a)  (from Ch. 111 1/2, par. 73.103a)
7    Sec. 3a. Denial, suspension, or revocation of license.
8    (a) The Comptroller may refuse to issue or may suspend or
9revoke a license on any of the following grounds:
10        (1) The applicant or licensee has made any
11    misrepresentations or false statements or concealed any
12    material fact.
13        (2) The applicant or licensee is insolvent.
14        (3) The applicant or licensee has been engaged in
15    business practices that work a fraud.
16        (4) The applicant or licensee has refused to give
17    pertinent data to the Comptroller.
18        (5) The applicant or licensee has failed to satisfy any
19    enforceable judgment or decree rendered by any court of
20    competent jurisdiction against the applicant.
21        (6) The applicant or licensee has conducted or is about
22    to conduct business in a fraudulent manner.
23        (7) The trust agreement is not in compliance with State



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1    or federal law.
2        (8) The fidelity bond is not satisfactory to the
3    Comptroller.
4        (9) As to any individual required to be listed in the
5    license application, the individual has conducted or is
6    about to conduct any business on behalf of the applicant in
7    a fraudulent manner; has been convicted of any felony or
8    misdemeanor, an essential element of which is fraud; has
9    had a judgment rendered against him or her based on fraud
10    in any civil litigation; has failed to satisfy any
11    enforceable judgment or decree rendered against him or her
12    by any court of competent jurisdiction; or has been
13    convicted of any felony or any theft-related offense.
14        (10) The applicant or licensee, including any member,
15    officer, or director thereof if the applicant or licensee
16    is a firm, partnership, association or corporation and any
17    shareholder holding more than 10% of the corporate stock,
18    has violated any provision of this Act or any regulation,
19    decision, order, or finding made by the Comptroller under
20    this Act.
21        (11) The Comptroller finds any fact or condition
22    existing which, if it had existed at the time of the
23    original application for such license, would have
24    warranted the Comptroller in refusing the issuance of the
25    license.
26        (12) If an applicant or licensee engages in a lockout,



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1    as defined in the Employment of Strikebreakers Act, and the
2    Comptroller has reason to believe the lockout is negatively
3    impacting the consumer.
4    (b) Before refusal to issue or renew and before suspension
5or revocation of a license, the Comptroller shall hold a
6hearing to determine whether the applicant or licensee,
7hereinafter referred to as the respondent, is entitled to hold
8such a license. At least 10 days prior to the date set for such
9hearing, the Comptroller shall notify the respondent in writing
10that on the date designated a hearing will be held to determine
11his eligibility for a license and that he may appear in person
12or by counsel. Such written notice may be served on the
13respondent personally, or by registered or certified mail sent
14to the respondent's business address as shown in his latest
15notification to the Comptroller. At the hearing, both the
16respondent and the complainant shall be accorded ample
17opportunity to present in person or by counsel such statements,
18testimony, evidence and argument as may be pertinent to the
19charges or to any defense thereto. The Comptroller may
20reasonably continue such hearing from time to time.
21    The Comptroller may subpoena any person or persons in this
22State and take testimony orally, by deposition or by exhibit,
23in the same manner and with the same fees and mileage
24allowances as prescribed in judicial proceedings in civil
26    Any authorized agent of the Comptroller may administer



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1oaths to witnesses at any hearing which the Comptroller is
2authorized to conduct.
3(Source: P.A. 92-419, eff. 1-1-02.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.