Illinois General Assembly - Full Text of SB1787
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Full Text of SB1787  98th General Assembly


Rep. Frank J. Mautino

Filed: 10/17/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1787 by replacing
3everything after the enacting clause with the following:
4    "Section 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



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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
12or revocation of a license, the Comptroller shall hold a
13hearing to determine whether the applicant or licensee,
14hereinafter referred to as the respondent, is entitled to hold
15such a license. At least 10 days prior to the date set for such
16hearing, the Comptroller shall notify the respondent in writing
17that on the date designated a hearing will be held to determine
18his eligibility for a license and that he may appear in person
19or by counsel. Such written notice may be served on the
20respondent personally, or by registered or certified mail sent
21to the respondent's business address as shown in his latest
22notification to the Comptroller. At the hearing, both the
23respondent and the complainant shall be accorded ample
24opportunity to present in person or by counsel such statements,
25testimony, evidence and argument as may be pertinent to the
26charges or to any defense thereto. The Comptroller may



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1reasonably continue such hearing from time to time.
2    The Comptroller may subpoena any person or persons in this
3State and take testimony orally, by deposition or by exhibit,
4in the same manner and with the same fees and mileage
5allowances as prescribed in judicial proceedings in civil
7    Any authorized agent of the Comptroller may administer
8oaths to witnesses at any hearing which the Comptroller is
9authorized to conduct.
10(Source: P.A. 92-419, eff. 1-1-02.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".