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.


LRB095 10566 AJO 30787 b

 

 

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

 

 

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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;

 

 

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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

 

 

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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.