Key Votes
HB 1188 - Increasing Cemetery Regulations - Key Vote
Illinois Key Votes
Ira Silverstein Did Not Vote on this legislation.
Read recent statements Ira Silverstein made in this general time period.
Stages
- Jan. 19, 2010 Executive Signed
- Jan. 13, 2010 House Concurrence Vote Passed
- Jan. 12, 2010 Senate Bill Passed
- April 1, 2009 House Bill Passed
- Feb. 11, 2009 Introduced
Family
Issues
Stage Details
Legislation - Signed (Executive) - Jan. 19, 2010
Title: Increasing Cemetery Regulations
Legislation - Concurrence Vote Passed (House) (85-30) - Jan. 13, 2010 (Key vote)
Title: Increasing Cemetery Regulations
Vote to concur with Senate amendments and pass a bill that increases regulations on cemeteries, including, but not limited to, requiring cemetery authorities, cemetery managers, and cemetery customer service employees to obtain a license from the Department of Financial and Professional Regulation.
- -Administer written examinations for individuals applying for licensing as a cemetery manager or cemetery customer service employee;
-Examine and audit a cemetery authority's care funds (e.g., gifts, grants, and contributions), records from any year, and any other aspects of cemetery operations that the Department requires;
-Investigate any and all cemetery-related activities;
-Conduct hearings on proceedings related to the refusal to issue or renew licenses, or to revoke, suspend, place on probation, reprimand, or otherwise discipline a licensee;
-Establish "reasonable rules" for the administration and enforcement of this Act; and
-Maintain rosters of cemetery licensees whose licenses have been revoked, suspended, denied renewal, or any other discipline within the last calendar year.
- -The individual is of "good moral character";
-The individual has provided evidence that he or she has the financial resources to comply with the maintenance and record-keeping provisions of this Act;
-The individual has not, within the preceding 10 years, been convicted or entered a plea of guilty or nolo contendere to a Class X felony or a felony in which fraud or dishonesty was an essential element of the crime;
-The individual has submitted his or her fingerprints; and
-The individual is in compliance with all other requirements of this Act.
- -The individual is at least 18 years of age;
-The individual is of "good moral character";
-The individual has completed a high school education or its equivalent;
-The individual has submitted his or her fingerprints;
-The individual has not committed a violation of this Act that, in the opinion of the Department of Financial and Professional Regulation, renders the individual unqualified;
-The individual has passed any examination authorized by the Department of Financial and Professional Regulation;
-The individual has not, within the preceding 10 years, been convicted or entered a plea of guilty or nolo contendere to a Class X felony or any felony in which fraud or dishonesty was an essential element of the crime;
-The individual can be "reasonably expected" to treat customers professionally, fairly, and ethically; and
-The individual is in compliance with all other requirements of this Act.
- -The individual's record of compliance with the Code of Professional Conduct and Ethics, if any, and whether the applicant has been found to have engaged in any unethical or dishonest practices in the cemetery business;
-The individual's record, if any, of being convicted of any felony or being adjudicated, civilly or criminally, to have committed fraud or to have violated any unfair trade or business practices;
-The individual's record, if any, of willfully violating any provision of this Act or any related laws;
-The individual's record, if any, of being permanently or temporarily suspended, enjoined, or barred from engaging in any aspect of the cemetery or funeral business; and
-The individual's record, if any, of having any license to practice any profession or occupation suspended, denied, fined, or otherwise disciplined.
- -Laying of seed, sod, or other suitable ground cover "as soon as practical";
-Cutting of lawn throughout the cemetery at "reasonable intervals" to prevent overgrowth;
-Trimming of shrubs to prevent "excessive" overgrowth;
-Trimming of trees to remove dead limbs;
-Keeping in repair the drains, water lines, roads, buildings, fences, and other structures; and
-Keeping the premises free of trash and debris.
- -Name;
-Age;
-Date of burial;
-Parcel identification number identifying where the individual's remains are interred, entombed, or inured; and
-Unique personal identifier, meaning the parcel identification number in addition to the term of burial in years, the numbered level or depth in the grave, plot, crypt, or niche, and the year of death.
- -Material misstatement in providing information to the Department;
-Violations of this Act, except for vehicle traffic control violations, or any rules adopted under this Act;
-Aiding or assisting an individual in violating the provisions of this Act or any rules adopted under this Act;
-Conviction of or entry of a plea of guilty or nolo contendere to any crime within the last 10 years that is a Class X felony or any felony involving fraud or dishonesty;
-Professional incompetence;
-Gross malpractice;
-Failing, within 10 business days, to provide information in response to a written request made by the Department;
-Dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public;
-Inability to practice with reasonable judgment, skill, or safety as a result of excessive use of alcohol, narcotics, stimulants, or other chemical agent or drug;
-Violating the terms of probation if the Department has placed the individual's license on probation;
-Directly or indirectly receiving compensation for any professional services not actually performed;
-Unjustified failure to honor its contracts; and
-Negligent supervision of a cemetery manager, cemetery customer service employer, cemetery worker, or independent contractor.
Legislation - Bill Passed (Senate) (30-24) - Jan. 12, 2010 (Key vote)
Title: Increasing Cemetery Regulations
Vote to pass a bill that increases regulations on cemeteries, including, but not limited to, requiring cemetery authorities, cemetery managers, and cemetery customer service employees to obtain a license from the Department of Financial and Professional Regulation.
- -Administer written examinations for individuals applying for licensing as a cemetery manager or cemetery customer service employee;
-Examine and audit a cemetery authority's care funds (e.g., gifts, grants, and contributions), records from any year, and any other aspects of cemetery operations that the Department requires;
-Investigate any and all cemetery-related activities;
-Conduct hearings on proceedings related to the refusal to issue or renew licenses, or to revoke, suspend, place on probation, reprimand, or otherwise discipline a licensee;
-Establish "reasonable rules" for the administration and enforcement of this Act; and
-Maintain rosters of cemetery licensees whose licenses have been revoked, suspended, denied renewal, or any other discipline within the last calendar year.
- -The individual is of "good moral character";
-The individual has provided evidence that he or she has the financial resources to comply with the maintenance and record-keeping provisions of this Act;
-The individual has not, within the preceding 10 years, been convicted or entered a plea of guilty or nolo contendere to a Class X felony or a felony in which fraud or dishonesty was an essential element of the crime;
-The individual has submitted his or her fingerprints; and
-The individual is in compliance with all other requirements of this Act.
- -The individual is at least 18 years of age;
-The individual is of "good moral character";
-The individual has completed a high school education or its equivalent;
-The individual has submitted his or her fingerprints;
-The individual has not committed a violation of this Act that, in the opinion of the Department of Financial and Professional Regulation, renders the individual unqualified;
-The individual has passed any examination authorized by the Department of Financial and Professional Regulation;
-The individual has not, within the preceding 10 years, been convicted or entered a plea of guilty or nolo contendere to a Class X felony or any felony in which fraud or dishonesty was an essential element of the crime;
-The individual can be "reasonably expected" to treat customers professionally, fairly, and ethically; and
-The individual is in compliance with all other requirements of this Act.
- -The individual's record of compliance with the Code of Professional Conduct and Ethics, if any, and whether the applicant has been found to have engaged in any unethical or dishonest practices in the cemetery business;
-The individual's record, if any, of being convicted of any felony or being adjudicated, civilly or criminally, to have committed fraud or to have violated any unfair trade or business practices;
-The individual's record, if any, of willfully violating any provision of this Act or any related laws;
-The individual's record, if any, of being permanently or temporarily suspended, enjoined, or barred from engaging in any aspect of the cemetery or funeral business; and
-The individual's record, if any, of having any license to practice any profession or occupation suspended, denied, fined, or otherwise disciplined.
- -Laying of seed, sod, or other suitable ground cover "as soon as practical";
-Cutting of lawn throughout the cemetery at "reasonable intervals" to prevent overgrowth;
-Trimming of shrubs to prevent "excessive" overgrowth;
-Trimming of trees to remove dead limbs;
-Keeping in repair the drains, water lines, roads, buildings, fences, and other structures; and
-Keeping the premises free of trash and debris.
- -Name;
-Age;
-Date of burial;
-Parcel identification number identifying where the individual's remains are interred, entombed, or inured; and
-Unique personal identifier, meaning the parcel identification number in addition to the term of burial in years, the numbered level or depth in the grave, plot, crypt, or niche, and the year of death.
- -Material misstatement in providing information to the Department;
-Violations of this Act, except for vehicle traffic control violations, or any rules adopted under this Act;
-Aiding or assisting an individual in violating the provisions of this Act or any rules adopted under this Act;
-Conviction of or entry of a plea of guilty or nolo contendere to any crime within the last 10 years that is a Class X felony or any felony involving fraud or dishonesty;
-Professional incompetence;
-Gross malpractice;
-Failing, within 10 business days, to provide information in response to a written request made by the Department;
-Dishonorable, unethical, or unprofessional conduct that is likely to deceive, defraud, or harm the public;
-Inability to practice with reasonable judgment, skill, or safety as a result of excessive use of alcohol, narcotics, stimulants, or other chemical agent or drug;
-Violating the terms of probation if the Department has placed the individual's license on probation;
-Directly or indirectly receiving compensation for any professional services not actually performed;
-Unjustified failure to honor its contracts; and
-Negligent supervision of a cemetery manager, cemetery customer service employer, cemetery worker, or independent contractor.
NOTE: THIS BILL WAS AMENDED BY STRIKING THE ENTIRETY OF THE ORIGINAL TEXT AND REPLACING IT WITH THE TEXT OF THE AMENDMENT. THE DEGREE TO WHICH THE SUBSTITUTE AMENDMENT TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.
Legislation - Bill Passed (House) (116-0) - April 1, 2009
Legislation - Introduced (House) - Feb. 11, 2009
Title: Increasing Cemetery Regulations
Sponsors
Co-sponsors
- John E. Bradley (IL - D)
- Daniel P. 'Dan' Brady (IL - R)
- Jacqueline Y. 'Jacqui' Collins (IL - D)
- Kenneth 'Ken' Dunkin (IL - D)
- Esther Golar (IL - D)
- Emil Jones III (IL - D)
- David E. Miller (IL - D) (Out Of Office)
- Michael W. Tryon (IL - R)
- Arthur L. 'Art' Turner (IL - D) (Out Of Office)
- Patrick Verschoore (IL - D)