Signed by Governor Pat Quinn

Vote Smart's Synopsis:

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.

Highlights:

-Expands the authority of the Department of Financial and Professional Regulation to include the following (Sec. 5-25):

-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for the administration and enforcement of this Act; and -Maintain rosters of cemetery licensees whose licenses have been revoked, suspended, denied renewal, or any other discipline within the last calendar year.

-Establishes the following requirements for obtaining a license to be a cemetery authority (Sec. 10-21):

-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.

-Establishes the following requirements for obtaining a license to be a cemetery manager or cemetery customer service employee (Sec. 10-21):

-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.

-Requires the Department of Financial and Professional Regulation to consider the following in determining whether an individual is of "good moral character" when considering an application for licensing as a cemetery authority, cemetery manager, and cemetery customer service employee (Sec. 10-21):

-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.

-Requires cemetery authorities to provide "reasonable maintenance" of the cemetery property, including the following (Sec. 20-5):

-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.

-Requires cemetery authorities, before commencing operations or 6 months after the effective date of this Act, to establish an overall map of the cemetery property, specifying all lots, plots, blocks, sections, avenues, walks, alleys, and paths, to be filed at its on-site office or principal place of business (Sec. 20-5). -Requires cemetery authorities, beginning after the effective date of this Act, to maintain a record of every interment, entombment, and inurement on the premises, and requires the following information about the deceased individual to be included in the record (Sec. 20-5):

-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.

-Requires the Department of Financial and Professional Regulation, within 9 months of the effective date of this Act, to certify a Cemetery Oversight Database that can be accessed via the Internet (Sec. 20-6). -Requires cemetery managers to record the interment, entombment, or inurement of a deceased individual and enter it into the Cemetery Oversight Database within 10 business days of an internment, entombment, or inurement of human remains (Sec. 20-6). -Authorizes the Department of Financial and Professional Regulation to refuse to issue or renew, revoke, suspend, place on probation, reprimand, impose fines of up to $10,000, or impose another disciplinary action, with regard to any license issued under this Act, for specific violations, including, but not limited to, the following (Sec. 25-10):

-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.

-Expands the definition of "victim" under the Crime Victims Compensation Act to include parents, spouses, or children under 18 years of age of deceased individuals whose remains have been dismembered or desecrated as the result of a crime of violence, provided that it's solely for compensating such individuals for psychological treatment of a mental or emotional condition, and provided that such compensation does not exceed $5,000 (Sec. 90-35). -The text of this bill was replaced by a substitute amendment sponsored by Sen. Donne E. Trotter.

Full Bill Text

Vote Smart's Synopsis:

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.

Highlights:

-Expands the authority of the Department of Financial and Professional Regulation to include the following (Sec. 5-25):

-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.

-Establishes the following requirements for obtaining a license to be a cemetery authority (Sec. 10-21):

-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.

-Establishes the following requirements for obtaining a license to be a cemetery manager or cemetery customer service employee (Sec. 10-21):

-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.

-Requires the Department of Financial and Professional Regulation to consider the following in determining whether an individual is of "good moral character" when considering an application for licensing as a cemetery authority, cemetery manager, and cemetery customer service employee (Sec. 10-21):

-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.

-Requires cemetery authorities to provide "reasonable maintenance" of the cemetery property, including the following (Sec. 20-5):

-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.

-Requires cemetery authorities, before commencing operations or 6 months after the effective date of this Act, to establish an overall map of the cemetery property, specifying all lots, plots, blocks, sections, avenues, walks, alleys, and paths, to be filed at its on-site office or principal place of business (Sec. 20-5). -Requires cemetery authorities, beginning after the effective date of this Act, to maintain a record of every interment, entombment, and inurement on the premises, and requires the following information about the deceased individual to be included in the record (Sec. 20-5):

-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.

-Requires the Department of Financial and Professional Regulation, within 9 months of the effective date of this Act, to certify a Cemetery Oversight Database that can be accessed via the Internet (Sec. 20-6). -Requires cemetery managers to record the interment, entombment, or inurement of a deceased individual and enter it into the Cemetery Oversight Database within 10 business days of an internment, entombment, or inurement of human remains (Sec. 20-6). -Authorizes the Department of Financial and Professional Regulation to refuse to issue or renew, revoke, suspend, place on probation, reprimand, impose fines of up to $10,000, or impose another disciplinary action, with regard to any license issued under this Act, for specific violations, including, but not limited to, the following (Sec. 25-10):

-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.

-Expands the definition of "victim" under the Crime Victims Compensation Act to include parents, spouses, or children under 18 years of age of deceased individuals whose remains have been dismembered or desecrated as the result of a crime of violence, provided that it's solely for compensating such individuals for psychological treatment of a mental or emotional condition, and provided that such compensation does not exceed $5,000 (Sec. 90-35). -The text of this bill was replaced by a substitute amendment sponsored by Sen. Donne E. Trotter.

Full Bill Text