Consumer Protection Committee
Adopted in House Comm. on Mar 03, 2004
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1 | AMENDMENT TO HOUSE BILL 5025
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2 | AMENDMENT NO. ______. Amend House Bill 5025 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Funeral Practices Act . | ||||||
6 | Section 5. Definitions. In this Act: | ||||||
7 | "Alternative container" means an unfinished wood box or | ||||||
8 | other non-metal receptacle or enclosure, without ornamentation | ||||||
9 | or a fixed interior lining, which is designed for the | ||||||
10 | encasement of human remains and which is made of fiberboard, | ||||||
11 | pressed-wood, composition materials, with or without an | ||||||
12 | outside covering, or like materials. | ||||||
13 | "Cash advance item" means any item of service or | ||||||
14 | merchandise described to a purchaser as a "cash advance", | ||||||
15 | "accommodation", "cash disbursement", or similar term. A cash | ||||||
16 | advance item is also any item obtained from a third party and | ||||||
17 | paid for by the funeral provider on the purchaser's behalf. | ||||||
18 | Cash advance items may include, but are not limited to, | ||||||
19 | cemetery or crematory services, pallbearers, public | ||||||
20 | transportation, clergy honoraria, flowers, musicians or | ||||||
21 | singers, nurses, obituary notices, gratuities, and death | ||||||
22 | certificates. Cash advance items are not subject to the | ||||||
23 | provisions of the Unemployment Insurance Act. | ||||||
24 | "Casket" means a rigid container which is designed for the |
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1 | encasement of human remains and which is usually constructed of | ||||||
2 | wood, metal, fiberglass, plastic, or like material, and | ||||||
3 | ornamented and lined with fabric. | ||||||
4 | "Casket retailer" means a person who sells or offers to | ||||||
5 | sell caskets. | ||||||
6 | "Commission" refers to the Federal Trade Commission. | ||||||
7 | "Cremation" means a heating process which incinerates | ||||||
8 | human remains. | ||||||
9 | "Crematory" means any person, partnership, or corporation | ||||||
10 | that performs cremation. | ||||||
11 | "Direct cremation" means a disposition of human remains by | ||||||
12 | cremation, without formal viewing, visitation, or ceremony | ||||||
13 | with the body present. | ||||||
14 | "Funeral ceremony" means a service commemorating the | ||||||
15 | deceased with the body present. | ||||||
16 | "Funeral goods" means the goods which are sold or offered | ||||||
17 | for sale directly to the public for use in connection with | ||||||
18 | funeral services by a funeral home, cemetery, crematory, casket | ||||||
19 | retailer, memorial retailer or their employees and agents. | ||||||
20 | "Funeral provider" means any person, partnership, | ||||||
21 | corporation, or other entity that sells or offers to sell | ||||||
22 | funeral goods or funeral services to the public. | ||||||
23 | "Funeral services" means (a) any services which may be used | ||||||
24 | to: (1) care for and prepare deceased human bodies for burial, | ||||||
25 | cremation, or other final disposition; and (2) arrange, | ||||||
26 | supervise, or conduct the funeral ceremony or the final | ||||||
27 | disposition of deceased human bodies; and (b) any services | ||||||
28 | provided by a funeral home, cemetery, crematory, casket | ||||||
29 | retailer, memorial retailer, or their employees and agents. | ||||||
30 | "Immediate burial" means a disposition of human remains by | ||||||
31 | burial, without formal viewing, visitation, or ceremony with | ||||||
32 | the body present, except for a graveside service. | ||||||
33 | "Memorial retailer" means a person who sells or offers to | ||||||
34 | sell to the public any memorial intended to mark the location |
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1 | of the interment of human remains. | ||||||
2 | "Memorial service" means a ceremony commemorating the | ||||||
3 | deceased without the body present. | ||||||
4 | "Outer burial container" means any container which is | ||||||
5 | designed for placement in the grave around the casket | ||||||
6 | including, but not limited to, containers commonly known as | ||||||
7 | burial vaults, grave boxes, and grave liners. | ||||||
8 | "Person" means any individual, partnership, corporation, | ||||||
9 | association, government or governmental subdivision or agency, | ||||||
10 | or other entity. | ||||||
11 | "Services of funeral director and staff" means the basic | ||||||
12 | services, not to be included in prices of other categories in | ||||||
13 | paragraph (4) of subsection (b) of Section 10, that are | ||||||
14 | furnished by a funeral provider in arranging any funeral, such | ||||||
15 | as conducting the arrangements conference, planning the | ||||||
16 | funeral, obtaining necessary permits, and placing obituary | ||||||
17 | notices. | ||||||
18 | Section 10. Price disclosures. | ||||||
19 | (a) Unfair or deceptive acts or practices. In selling or | ||||||
20 | offering to sell funeral goods or funeral services to the | ||||||
21 | public, it is an unfair or deceptive act or practice for a | ||||||
22 | funeral provider to fail to furnish accurate price information | ||||||
23 | disclosing the cost to the purchaser for each of the specific | ||||||
24 | funeral goods and funeral services used in connection with the | ||||||
25 | disposition of deceased human bodies, including but not limited | ||||||
26 | to, the price of embalming, transportation of remains, use of | ||||||
27 | facilities, caskets, outer burial containers, immediate | ||||||
28 | burials, or direct cremations. Any funeral provider who | ||||||
29 | complies with the preventive requirements of subsection (b) of | ||||||
30 | this Section is not engaged in unfair or deceptive acts or | ||||||
31 | practices. | ||||||
32 | (b) Preventive requirements. To prevent unfair or | ||||||
33 | deceptive acts or practices as defined in subsection (a) of |
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1 | this Section, as well as the unfair or deceptive acts or | ||||||
2 | practices defined in subdivision (b)(1) of Section 20, a | ||||||
3 | funeral provider must: | ||||||
4 | (1) Tell persons who ask by telephone about the funeral | ||||||
5 | provider's offerings or prices any accurate information | ||||||
6 | from the price lists described in paragraphs (2) through | ||||||
7 | (4) of this subsection (b) and any other readily available | ||||||
8 | information that reasonably answers the question. | ||||||
9 | (2) Give a printed or typewritten price list to people | ||||||
10 | who inquire in person about the offerings or prices of | ||||||
11 | caskets or alternative containers. The funeral provider | ||||||
12 | must offer the list upon beginning discussion of the | ||||||
13 | caskets. The list must contain at least the retail prices | ||||||
14 | of all caskets and alternative containers offered which do | ||||||
15 | not require special ordering, enough information to | ||||||
16 | identify each, and the effective date for the price list. | ||||||
17 | The list must contain the name of the funeral provider's | ||||||
18 | place of business and a caption describing the list as a | ||||||
19 | "casket price list". Instead of a written list, other | ||||||
20 | formats, such as notebooks, brochures, or charts may be | ||||||
21 | used if they contain the same information as would the | ||||||
22 | printed or typewritten list and display it in a clear and | ||||||
23 | conspicuous manner. A funeral provider does not have to | ||||||
24 | make a casket price list available if the funeral provider | ||||||
25 | places on the general price list the information required | ||||||
26 | under paragraph (4) of this subsection (b). | ||||||
27 | (3) Give a printed or typewritten price list to persons | ||||||
28 | who inquire in person about outer burial container | ||||||
29 | offerings or prices. The funeral provider must offer the | ||||||
30 | list upon beginning discussion of the containers. The list | ||||||
31 | must contain the retail prices of all outer burial | ||||||
32 | containers offered which do not require special ordering, | ||||||
33 | enough information to identify each container, and the | ||||||
34 | effective date for the prices listed. The list must contain |
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1 | the name of the funeral provider's place of business and a | ||||||
2 | caption describing the list as an "outer burial container | ||||||
3 | price list". Instead of a written list, the funeral | ||||||
4 | provider may use other formats, such as notebooks, | ||||||
5 | brochures, or charts, if they contain the same information | ||||||
6 | as the printed or typewritten list and display it in a | ||||||
7 | clear and conspicuous manner. A funeral provider does not | ||||||
8 | have to make an outer burial container price list available | ||||||
9 | if the funeral provider places on the general price list | ||||||
10 | the information required under paragraph (4) of this | ||||||
11 | subsection (b). | ||||||
12 | (4) Give a printed or typewritten price list for | ||||||
13 | retention to persons who inquire in person about the | ||||||
14 | funeral goods, funeral services, or prices of funeral goods | ||||||
15 | or services offered by the funeral provider. The funeral | ||||||
16 | provider must give the list upon beginning discussion of | ||||||
17 | any of the following: (i) the prices of funeral goods or | ||||||
18 | funeral services, (ii) the overall type of funeral service | ||||||
19 | or disposition, or (iii) the specific funeral goods or | ||||||
20 | funeral services offered by the funeral provider. | ||||||
21 | (A) The requirement under this subsection (b) | ||||||
22 | applies whether the discussion takes place in a funeral | ||||||
23 | home or elsewhere. However, when the deceased is | ||||||
24 | removed for transportation to the funeral home, an | ||||||
25 | in-person request at that time for authorization to | ||||||
26 | embalm, required by paragraph (2) of subsection (a) of | ||||||
27 | Section 25, does not by itself trigger the requirement | ||||||
28 | to offer the general price list if the provider, in | ||||||
29 | seeking prior embalming approval, discloses that | ||||||
30 | embalming is not required by law except in certain | ||||||
31 | special cases, if any. The requirement under this | ||||||
32 | subsection, to give consumers a general price list, | ||||||
33 | applies to any other discussion during that time about | ||||||
34 | prices or the selection of funeral goods or services. |
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1 | (B) The list required under this paragraph (4) must | ||||||
2 | contain at least the following information: | ||||||
3 | (i) The name, address, and telephone number of | ||||||
4 | the funeral provider's place of business; | ||||||
5 | (ii) A caption describing the list as a | ||||||
6 | "general price list"; and | ||||||
7 | (iii) The effective date for the price list. | ||||||
8 | (5) Include on the price list, in any order, the retail | ||||||
9 | prices, expressed either as the flat fee, or as the price | ||||||
10 | per hour, mile, or other unit of computation, and the | ||||||
11 | following information if offered for sale: | ||||||
12 | (A) Forwarding of remains to another funeral home, | ||||||
13 | together with a list of the services provided for any | ||||||
14 | quoted price; | ||||||
15 | (B) Receiving remains from another funeral home, | ||||||
16 | together with a list of the services provided for any | ||||||
17 | quoted price; | ||||||
18 | (C) The price range for the direct cremations | ||||||
19 | offered by the funeral provider, together with: | ||||||
20 | (i) a separate price for a direct cremation if | ||||||
21 | the purchaser provides the container; | ||||||
22 | (ii) separate prices for each direct cremation | ||||||
23 | offered including an alternative container; and | ||||||
24 | (iii) a description of the services and | ||||||
25 | container included in each price; | ||||||
26 | (D) The price range for the immediate burials | ||||||
27 | offered by the funeral provider, together with: | ||||||
28 | (i) a separate price for an immediate burial if | ||||||
29 | the purchaser provides the casket; | ||||||
30 | (ii) separate prices for each immediate burial | ||||||
31 | offered including a casket or alternative | ||||||
32 | container; and | ||||||
33 | (iii) a description of the services and | ||||||
34 | container included in that price; |
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1 | (E) Transfer of remains to funeral home; | ||||||
2 | (F) Embalming; | ||||||
3 | (G) Other preparation of the body; | ||||||
4 | (H) Use of facilities and staff for viewing; | ||||||
5 | (I) Use of facilities and staff for funeral | ||||||
6 | ceremony; | ||||||
7 | (J) Use of facilities and staff for memorial | ||||||
8 | service; | ||||||
9 | (K) Use of equipment and staff for graveside | ||||||
10 | service; | ||||||
11 | (L) Hearse; and | ||||||
12 | (M) Limousine. | ||||||
13 | (6) Include on the price list, in any order, the | ||||||
14 | following information: | ||||||
15 | (A) The price range for the caskets offered by the | ||||||
16 | funeral provider, together with the statement: "A | ||||||
17 | complete price list will be provided at the funeral | ||||||
18 | provider's location."; or the prices of individual | ||||||
19 | caskets, disclosed as provided under paragraph (2) of | ||||||
20 | this subsection (b). | ||||||
21 | (B) The price range for the outer burial containers | ||||||
22 | offered by the funeral provider, together with the | ||||||
23 | statement: "A complete price list will be provided at | ||||||
24 | the funeral provider's location."; or the prices of | ||||||
25 | individual outer burial containers, disclosed as | ||||||
26 | provided under paragraph (3) of this subsection (b). | ||||||
27 | (C) The price for the basic services of the funeral | ||||||
28 | director and staff, together with a list of the | ||||||
29 | principal basic services provided for any quoted price | ||||||
30 | and, if the charge cannot be declined by the purchaser, | ||||||
31 | the statement: "This fee for our basic services will be | ||||||
32 | added to the total cost of the funeral arrangements you | ||||||
33 | select. (This fee is already included in our charges | ||||||
34 | for direct cremations, immediate burials, and |
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1 | forwarding or receiving remains).". If the charge | ||||||
2 | cannot be declined by the purchaser, the quoted price | ||||||
3 | shall include (i) all charges for the recovery of | ||||||
4 | unallocated funeral provider overhead, and a funeral | ||||||
5 | provider may include in the required disclosure the | ||||||
6 | phrase "and overhead" after the word "services", or | ||||||
7 | (ii) the following statement: "Please note that a fee | ||||||
8 | of (specify dollar amount) for the use of our basic | ||||||
9 | services is included in the price of our caskets. This | ||||||
10 | same fee shall be added to the total cost of your | ||||||
11 | funeral arrangements if you provide the casket. Our | ||||||
12 | services include (specify)." The fee shall include all | ||||||
13 | charges for the recovery of unallocated funeral | ||||||
14 | provider overhead, and a funeral provider may include | ||||||
15 | in the required disclosure the phrase "and overhead" | ||||||
16 | after the word "services". The statement must be placed | ||||||
17 | on the general price list together with the casket | ||||||
18 | price range, required under paragraph (2) of this | ||||||
19 | subsection (b), or together with the prices of | ||||||
20 | individual caskets, required under paragraph (2) of | ||||||
21 | this subsection (b). | ||||||
22 | (7) Give an itemized written statement for retention to | ||||||
23 | each person who arranges a funeral or other disposition of | ||||||
24 | human remains, at the conclusion of the discussion of | ||||||
25 | arrangements. The information may be included on any | ||||||
26 | contract, statement, or other document which the funeral | ||||||
27 | provider would otherwise provide at the conclusion of | ||||||
28 | discussion of arrangements. The statement must list the | ||||||
29 | following information: | ||||||
30 | (A) The funeral goods or funeral services selected | ||||||
31 | by that person and the prices to be paid for each good | ||||||
32 | or service; | ||||||
33 | (B) Specifically itemized cash advance items. | ||||||
34 | These prices must be given to the extent then known or |
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1 | reasonably ascertainable. If the prices are not known | ||||||
2 | or reasonably ascertainable, a good faith estimate | ||||||
3 | shall be given and a written statement of the actual | ||||||
4 | charges shall be provided before the final bill is | ||||||
5 | paid; and | ||||||
6 | (C) The total cost of the goods or services | ||||||
7 | selected. | ||||||
8 | (8) Give any other price information, in any other | ||||||
9 | format, in addition to that required under subdivisions | ||||||
10 | (b)(1) through (b)(7) of this Section. | ||||||
11 | Section 15. Misrepresentations. | ||||||
12 | (a) Embalming provisions. | ||||||
13 | (1) Deceptive acts or practices. In selling or offering | ||||||
14 | to sell funeral goods or funeral services to the public, it | ||||||
15 | is a deceptive act or practice for a funeral provider to: | ||||||
16 | (A) Represent that State or local law requires that | ||||||
17 | a deceased person be embalmed when such is not the | ||||||
18 | case; or | ||||||
19 | (B) Fail to disclose that embalming is not required | ||||||
20 | by law except in certain special cases, if any. | ||||||
21 | (2) Preventive requirements. To prevent deceptive acts | ||||||
22 | or practices defined in this subsection (a), as well as the | ||||||
23 | unfair or deceptive acts or practices defined in Sections | ||||||
24 | 20 and 25 of this Act, a funeral provider must: | ||||||
25 | (A) Not represent that a deceased person is | ||||||
26 | required to be embalmed for: | ||||||
27 | (i) direct cremation; | ||||||
28 | (ii) immediate burial; or | ||||||
29 | (iii) a closed casket funeral without viewing | ||||||
30 | or visitation when refrigeration is available and | ||||||
31 | when State or local law does not require embalming; | ||||||
32 | and | ||||||
33 | (B) Place the following statement of disclosure on |
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1 | the general price list, required under paragraph (4) of | ||||||
2 | subsection (b) of Section 10, in immediate conjunction | ||||||
3 | with the price shown for embalming: "Except in certain | ||||||
4 | special cases, embalming is not required by law. | ||||||
5 | Embalming may be necessary, however, if you select | ||||||
6 | certain funeral arrangements, such as a funeral with | ||||||
7 | viewing. If you do not want embalming, you usually have | ||||||
8 | the right to choose an arrangement that does not | ||||||
9 | require you to pay for it, such as direct cremation or | ||||||
10 | immediate burial." The phrase "except in certain | ||||||
11 | special cases" shall not be included in this disclosure | ||||||
12 | if State or local law in the areas where the provider | ||||||
13 | does business does not require embalming under any | ||||||
14 | circumstances. | ||||||
15 | (b) Casket for cremation provisions. | ||||||
16 | (1) Deceptive acts or practices. In selling or offering | ||||||
17 | to sell funeral goods or funeral services to the public, it | ||||||
18 | is a deceptive act or practice for a funeral provider to: | ||||||
19 | (A) Represent that State or local law requires a | ||||||
20 | casket for direct cremations; or | ||||||
21 | (B) Represent that a casket is required for direct | ||||||
22 | cremations. | ||||||
23 | (2) Preventive requirements. To prevent deceptive acts | ||||||
24 | or practices, as well as the unfair or deceptive acts or | ||||||
25 | practices defined in paragraph (1) of subsection (a) of | ||||||
26 | Section 20, a funeral provider must place the following | ||||||
27 | disclosure in immediate conjunction with the price range | ||||||
28 | shown for direct cremations: "If you want to arrange a | ||||||
29 | direct cremation, you may use an alternative container. | ||||||
30 | Alternative containers encase the body and can be made of | ||||||
31 | materials such as fiberboard or composition materials | ||||||
32 | (with or without an outside covering). The containers we | ||||||
33 | provide are (specify containers)." This disclosure is | ||||||
34 | required to be placed on the general price list only if the |
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1 | funeral provider arranges direct cremations. | ||||||
2 | (c) Outer burial container provisions. | ||||||
3 | (1) Deceptive acts or practices. In selling or offering | ||||||
4 | to sell funeral goods or funeral services to the public, it | ||||||
5 | is a deceptive act or practice for a funeral provider to: | ||||||
6 | (A) Represent that State or local laws or | ||||||
7 | regulations, or particular cemeteries, require outer | ||||||
8 | burial containers when such is not the case. | ||||||
9 | (B) Fail to disclose to persons arranging funerals | ||||||
10 | that State law does not require the purchase of an | ||||||
11 | outer burial container. | ||||||
12 | (2) Preventive requirements. To prevent these | ||||||
13 | deceptive acts or practices, a funeral provider must place | ||||||
14 | the following statement of disclosure on the outer burial | ||||||
15 | container price list, as required under paragraph (3) of | ||||||
16 | subsection (b) of Section 10, or if the prices of outer | ||||||
17 | burial containers are listed on the general price list, as | ||||||
18 | required under paragraph (4) of subsection (b) of Section | ||||||
19 | 10, in immediate conjunction with those prices: "In most | ||||||
20 | areas of the country, state or local law does not require | ||||||
21 | that you buy a container to surround the casket in the | ||||||
22 | grave. However, many cemeteries require that you have such | ||||||
23 | a container so that the grave will not sink in. Either a | ||||||
24 | grave or a burial vault will satisfy these requirements." | ||||||
25 | The phrase "in most areas of the country" shall not be | ||||||
26 | included in this disclosure if State or local law in the | ||||||
27 | areas where the provider does business does not require a | ||||||
28 | container to surround the casket in the grave. | ||||||
29 | (d) General provisions on legal and cemetery requirements. | ||||||
30 | (1) Deceptive acts or practices. In selling or offering | ||||||
31 | to sell funeral goods or funeral services to the public, it | ||||||
32 | is a deceptive act or practice for a funeral provider to | ||||||
33 | represent that federal, State, or local laws, or particular | ||||||
34 | cemeteries or crematories, require the purchase of any |
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1 | funeral goods or funeral services when such is not the | ||||||
2 | case. | ||||||
3 | (2) Preventive requirements. To prevent these | ||||||
4 | deceptive acts or practices, as well as the deceptive acts | ||||||
5 | or practices identified in subdivisions (a)(1), (b)(1), | ||||||
6 | and (c)(1) of this Section, a funeral provider must | ||||||
7 | identify and briefly describe in writing on the statement | ||||||
8 | of funeral goods or services selected any legal, cemetery, | ||||||
9 | or crematory requirement that the funeral provider | ||||||
10 | represents to any person as compelling the purchase of | ||||||
11 | funeral goods or funeral services for a funeral that the | ||||||
12 | person is arranging. | ||||||
13 | (e) Provisions on preservative and protective value | ||||||
14 | claims. In selling or offering to sell funeral goods or funeral | ||||||
15 | services to the public, it is a deceptive act or practice for a | ||||||
16 | funeral provider to: | ||||||
17 | (1) Represent that funeral goods or funeral services | ||||||
18 | will delay the natural decomposition of human remains for a | ||||||
19 | long-term or indefinite time; or | ||||||
20 | (2) Represent that funeral goods have protective | ||||||
21 | features or will protect the body from gravesite | ||||||
22 | substances, when such is not the case. | ||||||
23 | (f) Cash advance provisions. | ||||||
24 | (1) Deceptive acts or practices. In selling or offering | ||||||
25 | to sell funeral goods or funeral services to the public, it | ||||||
26 | is a deceptive act or practice for a funeral provider to: | ||||||
27 | (A) Represent that the price charged for a cash | ||||||
28 | advance items is the same as the cost to the funeral | ||||||
29 | provider for the item when such is not the case; or | ||||||
30 | (B) Fail to disclose to persons arranging funerals | ||||||
31 | that the price being charged for a cash advance item is | ||||||
32 | not the same as the cost to the funeral provider for | ||||||
33 | the item when such is not the case. | ||||||
34 | (2) Preventive requirements. To prevent these |
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1 | deceptive acts or practices, a funeral provider must place | ||||||
2 | the following sentence in the itemized statement of funeral | ||||||
3 | goods or services selected, in immediate conjunction with | ||||||
4 | the list of itemized cash advance items required under | ||||||
5 | paragraph (5) of subsection (b) of Section 10: "We charge | ||||||
6 | you for our services in obtaining: (specify cash advance | ||||||
7 | items)." if the funeral provider makes a charge upon, or | ||||||
8 | receives and retains a rebate, commission, or trade or | ||||||
9 | volume discount upon a cash advance item. | ||||||
10 | Section 20. Required purchase of funeral goods or funeral | ||||||
11 | services. | ||||||
12 | (a) Casket for cremation provisions. | ||||||
13 | (1) Unfair or deceptive acts or practices. In selling | ||||||
14 | or offering to sell funeral goods or funeral services to | ||||||
15 | the public, it is an unfair or deceptive act or practice | ||||||
16 | for a funeral provider, or a crematory, to require that a | ||||||
17 | casket be purchased for direct cremation. | ||||||
18 | (2) Preventive requirement. To prevent this unfair or | ||||||
19 | deceptive act or practice, a funeral provider must make an | ||||||
20 | alternative container available for direct cremations, if | ||||||
21 | the provider arranges direct cremations. | ||||||
22 | (b) Other required purchases of funeral goods or funeral | ||||||
23 | services. | ||||||
24 | (1) Unfair or deceptive acts or practices. In selling | ||||||
25 | or offering to sell funeral goods or funeral services, it | ||||||
26 | is an unfair or deceptive act or practice for a funeral | ||||||
27 | provider to: | ||||||
28 | (A) Condition the furnishing of any funeral good or | ||||||
29 | funeral service to a person arranging a funeral upon | ||||||
30 | the purchase of any other funeral good or funeral | ||||||
31 | service, except as required by law or as otherwise | ||||||
32 | permitted under this subsection; or | ||||||
33 | (B) Charge any fee as a condition to furnishing any |
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1 | funeral goods or funeral services to a person arranging | ||||||
2 | a funeral, other than the fees for services of the | ||||||
3 | funeral director and staff, other funeral services or | ||||||
4 | funeral goods selected by the purchaser, and other | ||||||
5 | funeral goods or services required to be purchased. | ||||||
6 | (2) Preventive requirements. To prevent unfair or | ||||||
7 | deceptive acts or practices under this subsection (b), a | ||||||
8 | funeral provider must: | ||||||
9 | (A) Place the following statement of disclosure in | ||||||
10 | the general price list, immediately above the prices | ||||||
11 | required under paragraph (4) of subsection (b) of | ||||||
12 | Section 10: "The goods or services shown below are | ||||||
13 | those we can provide to our customers. You may choose | ||||||
14 | only the items you desire. If legal or other | ||||||
15 | requirements mean you must buy any items you did not | ||||||
16 | specifically ask for, we will explain the reason in | ||||||
17 | writing on the statement we provide describing the | ||||||
18 | funeral goods and services you selected." Provided, | ||||||
19 | however, that if the charge for "services of funeral | ||||||
20 | director and staff" can not be declined by the | ||||||
21 | purchaser, the statement shall include the sentence: | ||||||
22 | "However, any funeral arrangements you select will | ||||||
23 | include a charge for our basic services." between the | ||||||
24 | second and third sentences of the statement of | ||||||
25 | disclosure otherwise required under this subparagraph | ||||||
26 | (A). The statement may include the phrase "and | ||||||
27 | overhead" after the word "services" if the fee includes | ||||||
28 | a charge for the recovery of unallocated funeral | ||||||
29 | provider overhead; and | ||||||
30 | (B) Place the following disclosure in the | ||||||
31 | statement of funeral goods and services selected: | ||||||
32 | "Charges are only for those items that you selected or | ||||||
33 | that are required. If we are required by law or by a | ||||||
34 | cemetery or crematory to use any items, we will explain |
| |||||||
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1 | the reasons in writing below." | ||||||
2 | Section 25. Services provided without prior approval. | ||||||
3 | (a) Unfair or deceptive acts or practices. In selling or | ||||||
4 | offering to sell funeral goods or funeral services to the | ||||||
5 | public, it is an unfair or deceptive act or practice for any | ||||||
6 | funeral provider to embalm a deceased human body for a fee | ||||||
7 | unless: | ||||||
8 | (1) State or local law or regulation requires embalming | ||||||
9 | in the particular circumstances regardless of any funeral | ||||||
10 | choice that the family might make; | ||||||
11 | (2) Prior approval for embalming, expressly described, | ||||||
12 | has been obtained from a family member or other authorized | ||||||
13 | person; or | ||||||
14 | (3) The funeral provider is unable to contact a family | ||||||
15 | member or other authorized person after exercising due | ||||||
16 | diligence, has no reason to believe the family does not | ||||||
17 | want embalming performed, and obtains subsequent approval | ||||||
18 | for embalming already performed, expressly described. In | ||||||
19 | seeking approval, the funeral provider must disclose that a | ||||||
20 | fee will be charged if the family selects a funeral that | ||||||
21 | requires embalming, such as a funeral with viewing, and | ||||||
22 | that no fee will be charged if the family selects a service | ||||||
23 | that does not require embalming, such as direct cremation | ||||||
24 | or immediate burial. | ||||||
25 | (b) Preventive requirement. To prevent these unfair or | ||||||
26 | deceptive acts or practices, a funeral provider must include on | ||||||
27 | the itemized statement of funeral goods or services selected, | ||||||
28 | required under paragraph (5) of subsection (b) of Section 10, | ||||||
29 | the statement: "If you selected a funeral that may require | ||||||
30 | embalming, such as a funeral with viewing, you may have to pay | ||||||
31 | for embalming. You do not have to pay for embalming you did not | ||||||
32 | approve if you selected arrangements such as a direct cremation | ||||||
33 | or immediate burial. If we charged for embalming, we will |
| |||||||
| |||||||
1 | explain why below." | ||||||
2 | Section 30. Retention of documents. To prevent the unfair | ||||||
3 | or deceptive acts or practices specified in Sections 5 and 10 | ||||||
4 | of this Act, a funeral provider must retain and make available | ||||||
5 | for inspection by Commission officials true and accurate copies | ||||||
6 | of the price lists specified in subdivisions (b)(2) through | ||||||
7 | (b)(4) of Section 10 for at least one year after the date of | ||||||
8 | their last distribution to customers, and a copy of each | ||||||
9 | statement of funeral goods and services selected, as required | ||||||
10 | by paragraph (5) of subsection (b) of Section 10, for at least | ||||||
11 | one year from the date of the arrangements conference.
| ||||||
12 | Section 35. Comprehension of disclosures. To prevent the | ||||||
13 | unfair or deceptive acts or practices specified in Sections 5 | ||||||
14 | and 10, a funeral provider must make all disclosures required | ||||||
15 | by those Sections in a clear and conspicuous manner. A funeral | ||||||
16 | provider shall not include in the casket, outer burial | ||||||
17 | container, and general price lists, required under | ||||||
18 | subdivisions (b)(2) through (b)(4) of Section 10, any statement | ||||||
19 | or information that alters or contradicts the information | ||||||
20 | required by that Section to be included in those lists.
| ||||||
21 | Section 40. Severability. If any provisions of this Act or | ||||||
22 | its application to any person or circumstance is held invalid, | ||||||
23 | the invalidity of that provision or application does not affect | ||||||
24 | other provisions or applications of this Act that can be given | ||||||
25 | effect without the invalid provision or application.
| ||||||
26 | Section 45. Enforcement. | ||||||
27 | (a) The Attorney General and or the State's Attorney may | ||||||
28 | bring a civil action as well as obtain injunctive relief on | ||||||
29 | behalf of the residents of the State in the Circuit Court of | ||||||
30 | the county of appropriate jurisdiction to enforce the |
| |||||||
| |||||||
1 | provisions of this Act. | ||||||
2 | (b) A person who violates any provision of this Act commits | ||||||
3 | an unlawful practice within the meaning of the Consumer Fraud | ||||||
4 | and Deceptive Business Practices Act. | ||||||
5 | (c) Any person that violates or fails to comply with any | ||||||
6 | provisions of this Act shall be subject to a civil penalty of | ||||||
7 | no more than $5,000 for each offense. | ||||||
8 | Section 90. The Consumer Fraud and Deceptive Business | ||||||
9 | Practices Act is amended by changing Section 2Z as follows:
| ||||||
10 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| ||||||
11 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
12 | violates
the Automotive Repair Act,
the Home Repair and | ||||||
13 | Remodeling Act,
the Dance Studio Act,
the Physical Fitness | ||||||
14 | Services Act,
the Hearing Instrument Consumer Protection Act,
| ||||||
15 | the Illinois Union Label Act,
the Job Referral and Job Listing | ||||||
16 | Services Consumer Protection Act,
the Travel Promotion | ||||||
17 | Consumer Protection Act,
the Credit Services Organizations | ||||||
18 | Act,
the Automatic Telephone Dialers Act,
the Pay-Per-Call | ||||||
19 | Services Consumer Protection Act,
the Telephone Solicitations | ||||||
20 | Act,
the Illinois Funeral or Burial Funds Act,
the Cemetery | ||||||
21 | Care Act,
the Funeral Practices Act, the Safe and Hygienic Bed | ||||||
22 | Act,
the Pre-Need Cemetery Sales Act,
the High Risk Home Loan | ||||||
23 | Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | ||||||
24 | Act, subsection
(a) or (b) of Section 3-10 of the Cigarette Use | ||||||
25 | Tax Act, the Electronic
Mail Act, or paragraph (6)
of
| ||||||
26 | subsection (k) of Section 6-305 of the Illinois Vehicle Code
| ||||||
27 | commits an unlawful practice within the meaning of this Act.
| ||||||
28 | (Source: P.A. 92-426, eff. 1-1-02; 93-561, eff. 1-1-04.)".
|