Full Text of HB1528 95th General Assembly
HB1528 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1528
Introduced 2/22/2007, by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
|
760 ILCS 100/2b new |
|
760 ILCS 100/10 |
from Ch. 21, par. 64.10 |
765 ILCS 835/1.5 new |
|
|
Amends the Cemetery Care Act and Cemetery Protection Act. Provides that a license application shall not be approved if an applicant or anyone listed in the license application has been convicted of a forcible felony. Provides that it is unlawful for any person convicted of a "forcible felony" to acquire, maintain, participate in, or have whole or partial ownership of a cemetery or cemetery authority. Provides that a person convicted of a forcible felony who maintains, participates in, or has an ownership interest on the effective date of this amendatory Act of the 95th General Assembly shall cease participation in and divest himself or herself of the ownership in the cemetery authority within 6 months of the effective date of this amendatory Act of the 95th General Assembly. Amends the Cemetery Protection Act. Provides that it is unlawful for any person convicted of a "forcible felony" to acquire, maintain, participate in or have whole or partial ownership of a cemetery or cemetery authority. Provides that a person convicted of a forcible felony who maintains, participates in, or has an ownership interest on the effective date of this amendatory Act of the 95th General Assembly shall cease participation in and divest himself or herself of the ownership in the cemetery association, cemetery authority, or cemetery society within 6 months of the effective date of the amendatory Act.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB1528 |
|
LRB095 10566 AJO 30787 b |
|
| 1 |
| AN ACT concerning civil law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Cemetery Care Act is amended by adding | 5 |
| Section 2b and by changing Section 10 as follows: | 6 |
| (760 ILCS 100/2b new)
| 7 |
| Sec. 2b. It is unlawful for any person convicted of a | 8 |
| "forcible felony", as defined in Section 2-8 of the Criminal | 9 |
| Code of 1961 to acquire, maintain, participate in or have | 10 |
| partial or whole ownership of a cemetery authority. Any person | 11 |
| convicted of a forcible felony who maintains, participates in, | 12 |
| or has an ownership interest on the effective date of this | 13 |
| amendatory Act of the 95th General Assembly shall cease | 14 |
| participation in and divest himself or herself of the ownership | 15 |
| in the cemetery authority within 6 months of the effective date | 16 |
| of this amendatory Act of the 95th General Assembly.
| 17 |
| (760 ILCS 100/10) (from Ch. 21, par. 64.10)
| 18 |
| Sec. 10. Upon receipt of such application for license, the | 19 |
| Comptroller shall
issue a license to the applicant unless the | 20 |
| Comptroller determines that:
| 21 |
| (a) The applicant has made any misrepresentations or false | 22 |
| statements or
has concealed any essential or material fact, or
|
|
|
|
HB1528 |
- 2 - |
LRB095 10566 AJO 30787 b |
|
| 1 |
| (b) The applicant is insolvent; or
| 2 |
| (c) The applicant is or has been using practices in the | 3 |
| conducting of the
cemetery business that work or tend to work a | 4 |
| fraud; or
| 5 |
| (d) The applicant has refused to furnish or give pertinent | 6 |
| data to
the Comptroller; or
| 7 |
| (e) The applicant has failed to notify the Comptroller with | 8 |
| respect
to any material facts required in the application for | 9 |
| license under the
provisions of this Act; or
| 10 |
| (f) The applicant has failed to satisfy any enforceable | 11 |
| judgment entered by
the circuit court in any civil proceedings | 12 |
| against such applicant; or
| 13 |
| (g) The applicant has conducted or is about to conduct its | 14 |
| business
in a fraudulent manner; or
| 15 |
| (h) The applicant or any individual listed
in the license
| 16 |
| application has
conducted or is about to conduct any business | 17 |
| on behalf of the applicant in
a fraudulent manner; or has been | 18 |
| convicted of a felony or any misdemeanor
of which an essential | 19 |
| element is fraud; or has been involved in any civil
litigation | 20 |
| in which a judgment has been entered against him or her based | 21 |
| on
fraud; or has failed to satisfy any enforceable judgment | 22 |
| entered
by the circuit court in any civil proceedings against | 23 |
| such individual; or has
been convicted of any felony of which | 24 |
| fraud is an essential element; or has
been convicted of any | 25 |
| theft-related
offense;
or has been convicted of a forcible | 26 |
| felony as defined in Section 2-8 of the Criminal Code of 1961;
|
|
|
|
HB1528 |
- 3 - |
LRB095 10566 AJO 30787 b |
|
| 1 |
| or has failed to comply with the requirements of this Act;
or | 2 |
| has demonstrated a pattern of
improperly failing to honor a
| 3 |
| contract with a consumer; or
| 4 |
| (i) The applicant has ever had a license involving | 5 |
| cemeteries or funeral
homes revoked, suspended, or refused to | 6 |
| be issued in Illinois or elsewhere.
| 7 |
| If the Comptroller so determines, then he or she shall | 8 |
| conduct a hearing to
determine whether to deny the application. | 9 |
| However, no application shall be
denied unless the applicant | 10 |
| has had at least 10 days' notice of a hearing on
the | 11 |
| application and an opportunity to be heard thereon. If the | 12 |
| application is
denied, the Comptroller shall within 20 days | 13 |
| thereafter prepare and keep on
file in his or her office the | 14 |
| transcript of the evidence taken and a written
order of denial | 15 |
| thereof, which shall contain his or her findings with respect
| 16 |
| thereto and the reasons supporting the denial, and shall send | 17 |
| by United States
mail a copy of the written order of denial to | 18 |
| the applicant at the address set
forth in the application, | 19 |
| within 5 days after the filing of such order. A
review of such | 20 |
| decision may be had as provided in Section 20 of this Act.
| 21 |
| The license issued by the Comptroller shall remain in full | 22 |
| force and
effect until it is surrendered by the licensee or | 23 |
| revoked by the
Comptroller as hereinafter provided.
| 24 |
| (Source: P.A. 92-419, eff. 1-1-02.)
| 25 |
| Section 10. The Cemetery Protection Act is amended by |
|
|
|
HB1528 |
- 4 - |
LRB095 10566 AJO 30787 b |
|
| 1 |
| adding Section 1.5 as follows: | 2 |
| (765 ILCS 835/1.5 new)
| 3 |
| Sec. 1.5. It is unlawful for any person convicted of a | 4 |
| "forcible felony", as defined in Section 2-8 of the Criminal | 5 |
| Code of 1961, to acquire, maintain, participate in or have | 6 |
| partial or whole ownership of a cemetery association, cemetery | 7 |
| authority, or cemetery society. Any person convicted of a | 8 |
| forcible felony who maintains, participates in, or has an | 9 |
| ownership interest on the effective date of this amendatory Act | 10 |
| of the 95th General Assembly shall cease participation in and | 11 |
| divest himself or herself of the ownership in the cemetery | 12 |
| association, cemetery authority, or cemetery society within 6 | 13 |
| months of the effective date of this amendatory Act of the 95th | 14 |
| General Assembly.
|
|