Full Text of SB1787 98th General Assembly
SB1787ham001 98TH GENERAL ASSEMBLY | Rep. Frank J. Mautino Filed: 10/17/2013
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| 1 | | AMENDMENT TO SENATE BILL 1787
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1787 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Funeral or Burial Funds Act is | 5 | | amended 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 | 9 | | revoke 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
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| 1 | | pertinent data to the Comptroller.
| 2 | | (5) The applicant or licensee has failed to satisfy
any | 3 | | enforceable judgment or decree rendered by any court
of | 4 | | competent jurisdiction against the applicant.
| 5 | | (6) The applicant or licensee has conducted or is
about | 6 | | to conduct business in a fraudulent manner.
| 7 | | (7) The trust agreement is
not in compliance with State | 8 | | or federal law.
| 9 | | (8) The fidelity bond is not satisfactory to the
| 10 | | Comptroller.
| 11 | | (9) As to any individual required to be listed in the | 12 | | license application,
the individual has
conducted or is | 13 | | about to conduct any business on behalf
of the applicant in | 14 | | a fraudulent manner; has been
convicted of any felony or | 15 | | misdemeanor, an essential
element of which is fraud; has | 16 | | had a judgment rendered
against him or her based on fraud | 17 | | in any civil
litigation; has failed to satisfy any | 18 | | enforceable
judgment or decree rendered against him or her | 19 | | by any
court of competent jurisdiction; or has been | 20 | | convicted
of any felony or any theft-related offense.
| 21 | | (10) The applicant or licensee, including any member,
| 22 | | officer, or director thereof if the applicant or
licensee | 23 | | is a firm, partnership, association or
corporation and any | 24 | | shareholder holding more than 10% of
the corporate stock, | 25 | | has violated any provision of this
Act or any regulation, | 26 | | decision, order, or finding made
by the Comptroller under |
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| 1 | | this Act.
| 2 | | (11) The Comptroller finds any fact or condition
| 3 | | existing which, if it had existed at the time of the
| 4 | | original application for such license, would have
| 5 | | warranted the Comptroller in refusing the issuance of
the | 6 | | license.
| 7 | | (12) If an applicant or licensee engages in a lockout, | 8 | | as defined in the Employment of Strikebreakers Act, and the | 9 | | Comptroller has reason to believe the lockout is negatively | 10 | | impacting the consumer. | 11 | | (b) Before refusal to issue or renew and before suspension | 12 | | or
revocation of a
license, the Comptroller shall hold a | 13 | | hearing to determine whether the
applicant or licensee, | 14 | | hereinafter referred to as the respondent, is entitled
to hold | 15 | | such a license. At least 10 days prior to the date set for such
| 16 | | hearing, the Comptroller shall notify the respondent in writing | 17 | | that on the
date designated a hearing will be held to determine | 18 | | his eligibility for a
license and that he may appear in person | 19 | | or by counsel. Such written
notice may be served on the | 20 | | respondent personally, or by registered or
certified mail sent | 21 | | to the respondent's business address as shown in his
latest | 22 | | notification to the Comptroller. At the hearing, both the
| 23 | | respondent and the complainant shall be accorded ample | 24 | | opportunity to
present in person or by counsel such statements, | 25 | | testimony, evidence and
argument as may be pertinent to the | 26 | | charges or to any defense thereto. The
Comptroller may |
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| 1 | | reasonably continue such hearing from time to time.
| 2 | | The Comptroller may subpoena any person or persons in this | 3 | | State and take
testimony orally, by deposition or by exhibit, | 4 | | in the same manner and with
the same fees and mileage | 5 | | allowances as prescribed in judicial proceedings
in civil | 6 | | cases.
| 7 | | Any authorized agent of the Comptroller may administer | 8 | | oaths to witnesses
at any hearing which the Comptroller is | 9 | | authorized to conduct.
| 10 | | (Source: P.A. 92-419, eff. 1-1-02.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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