Public Act 098-0613
SB1787 EnrolledLRB098 07430 HLH 37498 b

    AN ACT concerning State government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
     bSection 5. The Illinois Funeral or Burial Funds Act is
amended by changing Section 3a as follows:
    (225 ILCS 45/3a)  (from Ch. 111 1/2, par. 73.103a)
    Sec. 3a. Denial, suspension, or revocation of license.
    (a) The Comptroller may refuse to issue or may suspend or
revoke a license on any of the following grounds:
        (1) The applicant or licensee has made any
    misrepresentations or false statements or concealed any
    material fact.
        (2) The applicant or licensee is insolvent.
        (3) The applicant or licensee has been engaged in
    business practices that work a fraud.
        (4) The applicant or licensee has refused to give
    pertinent data to the Comptroller.
        (5) The applicant or licensee has failed to satisfy any
    enforceable judgment or decree rendered by any court of
    competent jurisdiction against the applicant.
        (6) The applicant or licensee has conducted or is about
    to conduct business in a fraudulent manner.
        (7) The trust agreement is not in compliance with State
    or federal law.
        (8) The fidelity bond is not satisfactory to the
        (9) As to any individual required to be listed in the
    license application, the individual has conducted or is
    about to conduct any business on behalf of the applicant in
    a fraudulent manner; has been convicted of any felony or
    misdemeanor, an essential element of which is fraud; has
    had a judgment rendered against him or her based on fraud
    in any civil litigation; has failed to satisfy any
    enforceable judgment or decree rendered against him or her
    by any court of competent jurisdiction; or has been
    convicted of any felony or any theft-related offense.
        (10) The applicant or licensee, including any member,
    officer, or director thereof if the applicant or licensee
    is a firm, partnership, association or corporation and any
    shareholder holding more than 10% of the corporate stock,
    has violated any provision of this Act or any regulation,
    decision, order, or finding made by the Comptroller under
    this Act.
        (11) The Comptroller finds any fact or condition
    existing which, if it had existed at the time of the
    original application for such license, would have
    warranted the Comptroller in refusing the issuance of the
        (12) If an applicant or licensee engages in a lockout,
    as defined in the Employment of Strikebreakers Act, and the
    Comptroller has reason to believe the lockout is negatively
    impacting the consumer.
    (b) Before refusal to issue or renew and before suspension
or revocation of a license, the Comptroller shall hold a
hearing to determine whether the applicant or licensee,
hereinafter referred to as the respondent, is entitled to hold
such a license. At least 10 days prior to the date set for such
hearing, the Comptroller shall notify the respondent in writing
that on the date designated a hearing will be held to determine
his eligibility for a license and that he may appear in person
or by counsel. Such written notice may be served on the
respondent personally, or by registered or certified mail sent
to the respondent's business address as shown in his latest
notification to the Comptroller. At the hearing, both the
respondent and the complainant shall be accorded ample
opportunity to present in person or by counsel such statements,
testimony, evidence and argument as may be pertinent to the
charges or to any defense thereto. The Comptroller may
reasonably continue such hearing from time to time.
    The Comptroller may subpoena any person or persons in this
State and take testimony orally, by deposition or by exhibit,
in the same manner and with the same fees and mileage
allowances as prescribed in judicial proceedings in civil
    Any authorized agent of the Comptroller may administer
oaths to witnesses at any hearing which the Comptroller is
authorized to conduct.
(Source: P.A. 92-419, eff. 1-1-02.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 12/27/2013