Full Text of SB2800 99th General Assembly
SB2800sam001 99TH GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 3/9/2016
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| 1 | | AMENDMENT TO SENATE BILL 2800
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2800 on page 1, | 3 | | immediately below line 3, by inserting the following:
| 4 | | "Section 3. The Funeral Directors and Embalmers Licensing | 5 | | Code is amended by changing Section 15-45 as follows:
| 6 | | (225 ILCS 41/15-45)
| 7 | | (Section scheduled to be repealed on January 1, 2023)
| 8 | | Sec. 15-45. Practice without license; injunction; cease | 9 | | and desist order;
civil penalties. | 10 | | (a) The practice of funeral
directing and embalming or | 11 | | funeral directing by any person who has not been
issued a | 12 | | license by the Department, whose license has been suspended or
| 13 | | revoked, or whose license has not been renewed is hereby | 14 | | declared to be
inimical to the public welfare and to constitute | 15 | | a public nuisance. The Secretary
may, in the name of the People | 16 | | of the State
of Illinois through the Attorney General of the |
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| 1 | | State of Illinois, or the
State's Attorney of any county in | 2 | | which the violation is alleged to have occurred in the State of | 3 | | Illinois, or any licensee, any interested party, or any person | 4 | | injured thereby, may apply for an
injunction in the circuit | 5 | | court to enjoin any person who has not been issued a
license or | 6 | | whose license has been suspended or revoked, or whose license | 7 | | has
not been renewed, from practicing funeral directing and | 8 | | embalming or funeral
directing. Upon the filing of a verified | 9 | | complaint in court, the court, if
satisfied by affidavit or | 10 | | otherwise that the person is or has
been practicing funeral | 11 | | directing and embalming or funeral directing without
having | 12 | | been issued a license or after his or her license has been | 13 | | suspended,
revoked, or not renewed, may issue a temporary | 14 | | restraining order or preliminary
injunction, without notice or | 15 | | bond, enjoining the defendant from further
practicing funeral | 16 | | directing and embalming or funeral directing. A copy of the
| 17 | | verified complaint shall be served upon the defendant and the | 18 | | proceedings shall
thereafter be conducted as in other civil | 19 | | cases. If it is established that the
defendant has been or is | 20 | | practicing funeral directing and embalming or funeral
| 21 | | directing without having been issued a license or has been or | 22 | | is practicing
funeral directing and embalming or funeral | 23 | | directing after his or her license
has been suspended, revoked, | 24 | | or not renewed, the court may enter a judgment
perpetually | 25 | | enjoining the defendant from further practicing funeral | 26 | | directing
and embalming or funeral directing. In case of |
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| 1 | | violation of any injunction
entered under this Section, the | 2 | | court may summarily try and punish the offender
for contempt of | 3 | | court. Any injunction proceeding shall be in addition to, and
| 4 | | not in lieu of, all penalties and other remedies in this Code. | 5 | | Reasonable attorney's fees and costs may be awarded to the | 6 | | licensee, interested party, or person injured that | 7 | | successfully obtains injunctive relief, whether by consent or | 8 | | court order.
| 9 | | (b) Whenever, in the opinion of the Department, any person | 10 | | or other entity
violates any provision of this Code, the | 11 | | Department may issue a notice to show
cause why an order to | 12 | | cease and desist should not be entered against that
person or | 13 | | other entity. The rule shall clearly set forth the grounds | 14 | | relied
upon
by the Department and shall provide a period of 7 | 15 | | days from the date of the
rule to file an answer to the | 16 | | satisfaction of the Department. Failure to answer
to the | 17 | | satisfaction of the Department shall cause an order to cease | 18 | | and desist
to be issued immediately.
| 19 | | (c) (Blank).
| 20 | | (Source: P.A. 96-1463, eff. 1-1-11; 97-333, eff. 8-12-11; | 21 | | 97-1130, eff. 8-28-12 .)".
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