State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


HB4696 Enrolled                                LRB9213054JMmg

 1        AN ACT in relation to public health.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Crematory  Regulation Act is amended by
 5    changing Sections 5,  10,  35,  55,  and  60  and  by  adding
 6    Sections  11,  11.5,  12,  13,  14,  19, 22, 62, 62.5, 62.10,
 7    62.15, and 62.20 as follows:

 8        (410 ILCS 18/5)
 9        Sec. 5. Definitions. As used in this Act:
10        "Alternative container" means a receptacle, other than  a
11    casket,  in  which  human  remains  are  transported  to  the
12    crematory  and placed in the cremation chamber for cremation.
13    An alternative container shall be  (i)  composed  of  readily
14    combustible materials suitable for cremation, (ii) able to be
15    closed  in order to provide a complete covering for the human
16    remains, (iii) resistant to leakage or spillage,  (iv)  rigid
17    enough  for  handling  with  ease,  and  (v)  able to provide
18    protection for the health, safety, and personal integrity  of
19    crematory personnel.
20        "Authorizing  agent"  means  a person legally entitled to
21    order the cremation and final disposition of  specific  human
22    remains.
23        "Body parts" means limbs or other portions of the anatomy
24    that  are  removed from a person or human remains for medical
25    purposes  during  treatment,  surgery,  biopsy,  autopsy,  or
26    medical research; or human bodies or any  portion  of  bodies
27    that  have  been  donated  to  science  for  medical research
28    purposes.
29        "Burial transit permit" means a permit for disposition of
30    a dead human body as required by Illinois law.
31        "Casket" means a rigid container that is designed for the

HB4696 Enrolled             -2-                LRB9213054JMmg
 1    encasement of human remains, is usually constructed of  wood,
 2    metal, or like material and ornamented and lined with fabric,
 3    and may or may not be combustible.
 4        "Change  of  ownership" means a transfer of more than 50%
 5    of the stock or assets of a crematory authority.
 6        "Comptroller" means  the  Comptroller  of  the  State  of
 7    Illinois.
 8        "Cremated  remains"  means  all  human  remains recovered
 9    after the completion of the  cremation,  which  may  possibly
10    include  the  residue  of any foreign matter including casket
11    material, bridgework, or eyeglasses, that  was cremated  with
12    the human remains.
13        "Cremation"  means  the technical process, using heat and
14    flame, that reduces human remains  to  bone  fragments.   The
15    reduction takes place through heat and evaporation. Cremation
16    shall   include   the   processing,   and   may  include  the
17    pulverization, of the bone fragments.
18        "Cremation chamber" means the enclosed space within which
19    the  cremation takes place.
20        "Cremation  interment  container"  means  a  rigid  outer
21    container  that,  subject   to   a   cemetery's   rules   and
22    regulations,  is  composed of concrete, steel, fiberglass, or
23    some similar material in which an  urn  is  placed  prior  to
24    being  interred  in  the  ground,  and  which  is designed to
25    withstand prolonged exposure to the elements and  to  support
26    the earth above the urn.
27        "Cremation  room"  means  the room in which the cremation
28    chamber is located.
29        "Crematory" means the building or portion of  a  building
30    that houses the cremation room and the holding facility.
31        "Crematory  authority"  means  the  legal  entity  or the
32    authorized  representative  of  the  legal  entity  which  is
33    licensed registered by the Comptroller to operate a crematory
34    and to perform cremations.
HB4696 Enrolled             -3-                LRB9213054JMmg
 1        "Department" means  the  Illinois  Department  of  Public
 2    Health.
 3        "Final disposition" means the burial, cremation, or other
 4    disposition  of  a  dead  human body or parts of a dead human
 5    body.
 6        "Funeral director" means a person known by the  title  of
 7    "funeral director", "funeral director and embalmer", or other
 8    similar  words  or  titles, licensed by the State to practice
 9    funeral directing or funeral directing and embalming.
10        "Funeral establishment"  means  a  building  or  separate
11    portion  of  a  building having a specific street address and
12    location and devoted to activities relating to  the  shelter,
13    care,  custody,  and preparation of a deceased human body and
14    may contain facilities for funeral or wake  services.
15        "Holding facility" means an area that (i)  is  designated
16    for  the  retention of human remains prior to cremation, (ii)
17    complies  with  all  applicable  public  health  law,   (iii)
18    preserves  the   health and safety of the crematory authority
19    personnel, and (iv) is secure from  access  by  anyone  other
20    than  authorized  persons.  A holding facility may be located
21    in a cremation room.
22        "Human remains" means the  body  of  a  deceased  person,
23    including   any   form  of  body  prosthesis  that  has  been
24    permanently attached or  implanted in the body.
25        "Niche"  means  a  compartment   or   cubicle   for   the
26    memorialization  and permanent placement of an urn containing
27    cremated remains.
28        "Processing" means the  reduction  of  identifiable  bone
29    fragments  after  the  completion of the cremation process to
30    unidentifiable bone fragments by manual or mechanical means.
31        "Pulverization" means the reduction of identifiable  bone
32    fragments  after  the  completion of the cremation process to
33    granulated particles by  manual or mechanical means.
34        "Scattering area" means an area which may  be  designated
HB4696 Enrolled             -4-                LRB9213054JMmg
 1    by  a  cemetery  and  located  on dedicated cemetery property
 2    where cremated remains, which have been  removed  from  their
 3    container,  can  be mixed with, or placed on top of, the soil
 4    or ground cover.
 5        "Temporary container" means  a  receptacle  for  cremated
 6    remains,  usually  composed  of cardboard, plastic or similar
 7    material, that can be closed in a manner  that  prevents  the
 8    leakage  or  spillage of the cremated remains or the entrance
 9    of foreign material, and is a single container of  sufficient
10    size to hold the cremated remains until an urn is acquired or
11    the cremated remains are scattered.
12        "Urn" means a receptacle designed to encase the  cremated
13    remains.
14    (Source: P.A. 87-1187.)

15        (410 ILCS 18/10)
16        Sec.   10.  Establishment   of  crematory  and  licensing
17    registration of crematory authority.
18        (a)  Any person doing business  in  this  State,  or  any
19    cemetery,  funeral  establishment,  corporation, partnership,
20    joint venture, voluntary organization or  any  other  entity,
21    may  erect,  maintain,  and operate a crematory in this State
22    and provide the necessary appliances and facilities  for  the
23    cremation of human remains in accordance with this Act.
24        (b)  A  crematory  shall  be subject to all local, State,
25    and federal health and environmental protection  requirements
26    and  shall obtain all necessary licenses and permits from the
27    Department,  the  federal  Department  of  Health  and  Human
28    Services,  and  the  Illinois   and   federal   Environmental
29    Protection  Agencies, or such other appropriate local, State,
30    or federal agencies.
31        (c)  A crematory may be constructed on or adjacent to any
32    cemetery, on or adjacent to any funeral establishment, or  at
33    any other location consistent with local zoning regulations.
HB4696 Enrolled             -5-                LRB9213054JMmg
 1        (d)  An  application  for  licensure  registration  as  a
 2    crematory authority shall be in writing on forms furnished by
 3    the  Comptroller.  Applications shall be accompanied by a fee
 4    of $50 and shall contain all of the following:
 5             (1)  The full name and address, both  residence  and
 6        business,  of  the  applicant  if  the  applicant  is  an
 7        individual;  the full name and address of every member if
 8        the applicant is a partnership; the full name and address
 9        of  every  member  of  the  board  of  directors  if  the
10        applicant is an association; and the name and address  of
11        every  officer,  director,  and  shareholder holding more
12        than 25% of the corporate stock if  the  applicant  is  a
13        corporation.
14             (2)  The address and location of the crematory.
15             (3)  A  description  of  the  type  of structure and
16        equipment to be used in the operation of  the  crematory,
17        including  the  operating  permit  number  issued  to the
18        cremation device by the Illinois Environmental Protection
19        Agency.
20             (3.5)  Attestation  by  the  owner  that   cremation
21        services  shall be by a person trained in accordance with
22        the requirements of Section 22 of this Act.
23             (3.10)  A   copy    of    the    certification    or
24        certifications issued by the certification program to the
25        person or persons who will operate the cremation device.
26             (4)  Any  further  information  that the Comptroller
27        reasonably may require.
28        (e)  Each crematory authority shall file an annual report
29    with the Comptroller, accompanied with a $25  fee,  providing
30    (i)  an  affidavit  signed  by  the  owner  of  the crematory
31    authority that at the time of the report the cremation device
32    was in proper operating condition, (ii) the total  number  of
33    all  cremations  performed  at  the crematory during the past
34    year, (iii) attestation by the licensee that  all  applicable
HB4696 Enrolled             -6-                LRB9213054JMmg
 1    permits and certifications are valid, and (iv) either (A) any
 2    changes required in the information provided under subsection
 3    (d)  or  (B)  an  indication  indicating that no changes have
 4    occurred. The annual report shall be  filed  by  a  crematory
 5    authority on or before March 15 of each calendar year, in the
 6    Office  of the Comptroller. If the fiscal year of a crematory
 7    authority is other than on a calendar year  basis,  then  the
 8    crematory  authority  shall  file the report required by this
 9    Section within 75 days after the end of its fiscal year.  The
10    Comptroller  shall,  for good cause shown, grant an extension
11    for the filing of the annual report upon the written  request
12    of  the crematory authority. An extension shall not exceed 60
13    days. If a crematory authority  fails  to  submit  an  annual
14    report  to  the Comptroller within the time specified in this
15    Section, the Comptroller  shall  impose  upon  the  crematory
16    authority  a  penalty  of  $5  for  each  and  every  day the
17    crematory authority  remains  delinquent  in  submitting  the
18    annual  report.  The Comptroller may abate all or part of the
19    $5 daily penalty for good cause shown.
20        (f)  All records required to  be  maintained  under  this
21    Act,  including  but  not  limited  to  those relating to the
22    license registration  and  annual  report  of  the  crematory
23    authority  required  to be filed under this Section, shall be
24    subject to inspection  by  the  Comptroller  upon  reasonable
25    notice.
26        (g)  The Comptroller may inspect crematory records at the
27    crematory   authority's  place  of  business  to  review  the
28    licensee's compliance with this  Act.   The  inspection  must
29    include verification that:
30             (1)  the   crematory  authority  has  complied  with
31        record-keeping requirements of this Act;
32             (2)  a crematory device operator's certification  of
33        training is conspicuously displayed at the crematory;
34             (3)  the  cremation  device  has a current operating
HB4696 Enrolled             -7-                LRB9213054JMmg
 1        permit issued by the  Illinois  Environmental  Protection
 2        Agency  and  the permit is conspicuously displayed in the
 3        crematory;
 4             (4)  the crematory authority is in  compliance  with
 5        local zoning requirements; and
 6             (5)  the  crematory  authority license issued by the
 7        Comptroller is conspicuously displayed at the crematory.
 8        (h)  The Comptroller shall issue licenses under this  Act
 9    to  the  crematories that are registered with the Comptroller
10    as  of  July  1,  2003  without  requiring   the   previously
11    registered crematories to complete license applications.
12    (Source: P.A. 92-419, eff. 1-1-02.)

13        (410 ILCS 18/11 new)
14        Sec.  11. Grounds for refusal of license or suspension or
15    revocation of license.
16        (a)  In this Section, "applicant" means a person who  has
17    applied for a license under this Act.
18        (b)  The  Comptroller may refuse to issue a license under
19    this Act, or may suspend or revoke  a  license  issued  under
20    this Act, on any of the following grounds:
21             (1)  The   applicant   or   licensee  has  made  any
22        misrepresentation or false  statement  or  concealed  any
23        material fact in connection with a license application or
24        licensure under this Act.
25             (2)  The  applicant  or licensee has been engaged in
26        business practices that work a fraud.
27             (3)  The applicant or licensee has refused  to  give
28        information  required  under  this Act to be disclosed to
29        the Comptroller.
30             (4)  The applicant or licensee has conducted  or  is
31        about  to  conduct  cremation  business  in  a fraudulent
32        manner.
33             (5)  As to any  individual  listed  in  the  license
HB4696 Enrolled             -8-                LRB9213054JMmg
 1        application as required under Section 10, that individual
 2        has  conducted  or  is  about  to  conduct  any cremation
 3        business on behalf  of  the  applicant  in  a  fraudulent
 4        manner or has been convicted of any felony or misdemeanor
 5        an essential element of which is fraud.
 6             (6)  The  applicant  or  licensee has failed to make
 7        the annual report required by this Act or to comply  with
 8        a  final  order,  decision, or finding of the Comptroller
 9        made under this Act.
10             (7)  The  applicant  or  licensee,   including   any
11        member, officer, or director of the applicant or licensee
12        if  the  applicant  or  licensee  is a firm, partnership,
13        association, or corporation and including any shareholder
14        holding more than 25%  of  the  corporate  stock  of  the
15        applicant or licensee, has violated any provision of this
16        Act  or  any  regulation or order made by the Comptroller
17        under this Act.
18             (8)  The Comptroller finds  any  fact  or  condition
19        existing  that,  if  it  had  existed  at the time of the
20        original application for a license under this Act,  would
21        have  warranted  the Comptroller in refusing the issuance
22        of the license.

23        (410 ILCS 18/11.5 new)
24        Sec. 11.5. License revocation or suspension; surrender of
25    license.
26        (a)  Upon  determining  that  grounds   exist   for   the
27    revocation  or suspension of a license issued under this Act,
28    the Comptroller, if appropriate, may revoke  or  suspend  the
29    license issued to the licensee.
30        (b)  Upon  the  revocation  or  suspension  of  a license
31    issued  under  this  Act,  the  licensee   must   immediately
32    surrender  the  license  to  the Comptroller. If the licensee
33    fails to do so, the Comptroller may seize the license.
HB4696 Enrolled             -9-                LRB9213054JMmg
 1        (410 ILCS 18/12 new)
 2        Sec. 12.  Surrender  of  license;  effect  on  licensee's
 3    liability.  A  licensee  may surrender a license issued under
 4    this Act by delivering to the Comptroller  a  written  notice
 5    stating that the licensee thereby surrenders the license, but
 6    such  a  surrender  does  not  affect the licensee's civil or
 7    criminal liability for acts committed before the surrender.

 8        (410 ILCS 18/13 new)
 9        Sec. 13. License; display; transfer; duration.
10        (a)  Every license issued under this Act must  state  the
11    number  of  the license, the business name and address of the
12    licensee's principal place of business,  and  the  licensee's
13    parent  company,  if  any.  The license must be conspicuously
14    posted in the place of business operating under the license.
15        (b)  No license is transferable or assignable without the
16    express written consent of the  Comptroller.  A  transfer  of
17    more than 50% of the ownership of any business licensed under
18    this Act shall be deemed to be an attempted assignment of the
19    license originally issued to the licensee for whom consent of
20    the Comptroller is required.
21        (c)  Every  license issued under this Act shall remain in
22    force until it has been surrendered, suspended, or revoked in
23    accordance with this Act. Upon the request of  an  interested
24    person  or  on  the Comptroller's own motion, the Comptroller
25    may issue a new license to a licensee whose license has  been
26    revoked  under this Act if no factor or condition then exists
27    which would have  warranted  the  Comptroller  in  originally
28    refusing the issuance of the license.

29        (410 ILCS 18/14 new)
30        Sec.  14. Display of cremation device permit. A crematory
31    authority must conspicuously display in its place of business
32    the operating permit issued to its cremation  device  by  the
HB4696 Enrolled             -10-               LRB9213054JMmg
 1    Illinois  Environmental  Protection  Agency.   All rulemaking
 2    authority in connection with such operating permits shall  be
 3    vested with the Illinois Environmental Protection Agency.

 4        (410 ILCS 18/19 new)
 5        Sec.  19. Cremation only in crematory. An individual or a
 6    person,   cemetery,   funeral   establishment,   corporation,
 7    partnership, joint venture, voluntary organization, or  other
 8    entity may cremate human remains only in a crematory operated
 9    by  a  crematory authority licensed for this purpose and only
10    under the limitations provided in this Act.

11        (410 ILCS 18/22 new)
12        Sec. 22. Performance of cremation  service;  training.  A
13    person  may  not  perform  a  cremation service in this State
14    unless  he  or  she  has  completed  training  in  performing
15    cremation services and received certification  by  a  program
16    recognized  by  the Comptroller. The crematory authority must
17    conspicuously display  the  certification  at  the  crematory
18    authority's place of business.  Any new employee shall have a
19    reasonable  time  period, not to exceed one year, to attend a
20    recognized  training  program.   In  the  interim,  the   new
21    employee  may  perform  a  cremation service if he or she has
22    received  training  from  another  person  who  has  received
23    certification by a program recognized by the Comptroller. For
24    purposes of this Act, the  Comptroller  shall  recognize  any
25    training program that provides training in the operation of a
26    cremation device, in the maintenance of a clean facility, and
27    in  the  proper  handling  of human remains.  The Comptroller
28    shall recognize any course that is conducted by a death  care
29    trade  association  in  Illinois or the United States or by a
30    manufacturer of a cremation unit that is consistent with  the
31    standards provided in this Act.
HB4696 Enrolled             -11-               LRB9213054JMmg
 1        (410 ILCS 18/35)
 2        Sec. 35.  Cremation procedures.
 3        (a)  Human  remains shall not be cremated within 24 hours
 4    after  the  time  of  death,  as  indicated  on  the  Medical
 5    Examiner's/Coroner's Certificate of Death.  In any death, the
 6    human  remains  shall  not  be  cremated  by  the   crematory
 7    authority  until  a   cremation permit has been received from
 8    the coroner or medical examiner of the county  in  which  the
 9    death  occurred  and  the  crematory authority has received a
10    cremation authorization  form,  executed  by  an  authorizing
11    agent,  in  accordance  with  the provisions of Section 15 of
12    this Act.  In no instance, however, shall the lapse  of  time
13    between  the  death  and the cremation be less than 24 hours,
14    unless (i) it is known the  deceased  has  an  infectious  or
15    dangerous  disease and that the time requirement is waived in
16    writing by the medical examiner or coroner  where  the  death
17    occurred or (ii) because of a religious requirement.
18        (b)  Except  as  set  forth  in  subsection  (a)  of this
19    Section, a  crematory  authority  shall  have  the  right  to
20    schedule  the  actual  cremation  to  be performed at its own
21    convenience, at any time after the human  remains  have  been
22    delivered  to  the  crematory authority, unless the crematory
23    authority has received specific instructions to the  contrary
24    on the  cremation authorization form.
25        (c)  No  crematory  authority shall cremate human remains
26    when it has actual knowledge that human  remains  contain   a
27    pacemaker  or  any  other  material  or   implant that may be
28    potentially  hazardous  to   the   person    performing   the
29    cremation.
30        (d)  No  crematory authority shall refuse to accept human
31    remains for cremation because  such  human  remains  are  not
32    embalmed.
33        (e)  Whenever   a   crematory   authority  is  unable  or
34    unauthorized to cremate human remains immediately upon taking
HB4696 Enrolled             -12-               LRB9213054JMmg
 1    custody of the remains, the crematory authority  shall  place
 2    the  human  remains in a  holding facility in accordance with
 3    the  crematory  authority's  rules   and   regulations.   The
 4    crematory  authority must notify the authorizing agent of the
 5    reasons for delay  in  cremation  if  a  properly  authorized
 6    cremation  is  not performed within any time period expressly
 7    contemplated in the authorization.
 8        (f)  A crematory authority shall not accept a  casket  or
 9    alternative container from which there is any evidence of the
10    leakage of body fluids.
11        (g)  The  casket  or  the  alternative container shall be
12    cremated with the human  remains  or  destroyed,  unless  the
13    crematory authority has notified the authorizing agent to the
14    contrary on the cremation authorization form and obtained the
15    written consent of the authorizing agent.
16        (h)  The  simultaneous  cremation of the human remains of
17    more than one  person  within  the  same  cremation  chamber,
18    without  the  prior written consent of the authorizing agent,
19    is prohibited. Nothing in  this  subsection,  however,  shall
20    prevent  the simultaneous cremation within the same cremation
21    chamber of body parts delivered to  the  crematory  authority
22    from multiple sources, or the use of cremation equipment that
23    contains more than one cremation chamber.
24        (i)  No  unauthorized  person  shall  be permitted in the
25    holding facility or cremation room while  any  human  remains
26    are  being  held there awaiting cremation, being cremated, or
27    being removed from the cremation  chamber.
28        (j)  A crematory authority shall not  remove  any  dental
29    gold,  body  parts,  organs, or any item of value prior to or
30    subsequent to a cremation without previously having  received
31    specific written authorization from the authorizing agent and
32    written  instructions  for the delivery of these items to the
33    authorizing agent. Under no circumstances shall  a  crematory
34    authority  profit  from making or assisting in any removal of
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 1    valuables.
 2        (k)  Upon the completion of each cremation,  and  insofar
 3    as  is  practicable,  all  of  the recoverable residue of the
 4    cremation  process  shall  be  removed  from  the   cremation
 5    chamber.
 6        (l)  If  all  of  the recovered cremated remains will not
 7    fit  within  the  receptacle  that  has  been  selected,  the
 8    remainder of the cremated remains shall be  returned  to  the
 9    authorizing  agent  or  the  agent's  designee  in a separate
10    container.  The crematory authority shall not  return  to  an
11    authorizing  agent  or  the  agent's  designee  more  or less
12    cremated  remains  than  were  removed  from  the   cremation
13    chamber.
14        (m)  A  crematory authority shall not knowingly represent
15    to an authorizing  agent  or  the  agent's  designee  that  a
16    temporary container or urn contains the cremated remains of a
17    specific decedent when it does not.
18        (n)  Cremated  remains  shall be shipped only by a method
19    that has  an  internal  tracing  system  available  and  that
20    provides a receipt signed by the person accepting delivery.
21        (o)  A    crematory    authority    shall   maintain   an
22    identification system that shall ensure that it shall be able
23    to identify the human remains in  its  possession  throughout
24    all phases of the cremation process.
25    (Source: P.A. 87-1187.)

26        (410 ILCS 18/55)
27        Sec. 55. Penalties.
28        Violations of this Act shall be punishable as follows:
29             (1)  Performing  a  cremation  without  receipt of a
30        cremation authorization form  signed  by  an  authorizing
31        agent shall be a Class 4 felony.
32             (2)  Signing a cremation authorization form with the
33        actual   knowledge   that  the  form  contains  false  or
HB4696 Enrolled             -14-               LRB9213054JMmg
 1        incorrect information shall be a  Class 4 felony.
 2             (3)  A Violation  of  any  cremation  procedure  set
 3        forth in Section 35 shall be a Class 4 felony.
 4             (4)  Holding   oneself   out  to  the  public  as  a
 5        crematory authority, or the  operation of a  building  or
 6        structure within this State as a crematory, without being
 7        licensed  registered  under  this Act, shall be a Class A
 8        misdemeanor.
 9             (4.5)  Performance  of  a  cremation  service  by  a
10        person who has not    completed  a  training  program  as
11        defined  in  Section  22  of  this Act shall be a Class A
12        misdemeanor.
13             (4.10)  Any  person  who  intentionally  violates  a
14        provision of this Act or a final order of the Comptroller
15        is liable for a civil penalty not to  exceed  $5,000  per
16        violation.
17             (4.15)  Any person who knowingly acts without proper
18        legal  authority and who willfully and knowingly destroys
19        or damages the remains of a deceased human being  or  who
20        desecrates human remains is guilty of a Class 3 felony.
21             (5)  A  violation of any other provision of this Act
22        shall be a  Class B misdemeanor.
23    (Source: P.A. 87-1187.)

24        (410 ILCS 18/60)
25        Sec. 60.  Failure  to  file  annual  report.  Whenever  a
26    crematory  authority  refuses  or neglects to file its annual
27    report in violation of Section 10 of this Act,  or  fails  to
28    otherwise   comply   with   the  registration  or  inspection
29    requirements of Section 10 of this Act, the  Comptroller  may
30    commence  an  administrative proceeding as authorized by this
31    Act or may  shall  communicate  the  facts  to  the  Attorney
32    General   of  the  State  of  Illinois  who  shall  thereupon
33    institute such proceedings against the crematory authority or
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 1    its officers as the nature of the case may require.
 2    (Source: P.A. 87-1187.)

 3        (410 ILCS 18/62 new)
 4        Sec. 62. Investigation  of  unlawful  practices.  If  the
 5    Comptroller  has  good  cause  to  believe  that a person has
 6    engaged in, is engaging in, or is  about  to  engage  in  any
 7    practice in violation of this Act, the Comptroller may do any
 8    one or more of the following:
 9             (1)  Require  that  person  to  file,  on  terms the
10        Comptroller prescribes, a statement or report in writing,
11        under oath or otherwise, containing all information  that
12        the  Comptroller considers necessary to ascertain whether
13        a licensee is in compliance with this Act, or whether  an
14        unlicensed  person  is engaging in activities for which a
15        license is required under this Act.
16             (2)  Examine under oath  any  person  in  connection
17        with  the  books  and  records  required to be maintained
18        under this Act.
19             (3)  Examine any books and  records  of  a  licensee
20        that  the  Comptroller  considers  necessary to ascertain
21        compliance with this Act.
22             (4)  Require the production of a copy of any record,
23        book, document, account, or paper  that  is  produced  in
24        accordance   with   this   Act   and  retain  it  in  the
25        Comptroller's possession  until  the  completion  of  all
26        proceedings in connection with which it is produced.

27        (410 ILCS 18/62.5 new)
28        Sec.  62.5. Service of notice. Service by the Comptroller
29    of any notice requiring a  person  to  file  a  statement  or
30    report  under  this  Act  shall  be  made:  (1) personally by
31    delivery of a duly executed copy of the notice to the  person
32    to  be  served or, if that person is not a natural person, in
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 1    the  manner  provided  in  the  Civil  Practice  Law  when  a
 2    complaint is filed; or (2) by mailing  by  certified  mail  a
 3    duly  executed  copy of the notice to the person to be served
 4    at his or her last known abode or principal place of business
 5    within this State.

 6        (410 ILCS 18/62.10 new)
 7        Sec. 62.10. Investigation of actions; hearing.
 8        (a)  The Comptroller shall  make  an  investigation  upon
 9    discovering  facts  that, if proved, would constitute grounds
10    for refusal, suspension, or revocation  of  a  license  under
11    this Act.
12        (b)  Before  refusing  to issue, and before suspending or
13    revoking, a license under this  Act,  the  Comptroller  shall
14    hold  a  hearing  to  determine  whether  the applicant for a
15    license or the licensee ("the  respondent")  is  entitled  to
16    hold such a license. At least 10 days before the date set for
17    the  hearing,  the Comptroller shall notify the respondent in
18    writing that (i) on the designated date  a  hearing  will  be
19    held  to determine the respondent's eligibility for a license
20    and (ii) the respondent may appear in person or  by  counsel.
21    The   written   notice   may  be  served  on  the  respondent
22    personally, or by registered or certified mail  sent  to  the
23    respondent's  business  address  as shown in the respondent's
24    latest notification  to  the  Comptroller.  The  notice  must
25    include  sufficient  information  to inform the respondent of
26    the general  nature  of  the  reason  for  the  Comptroller's
27    action.
28        (c)  At   the   hearing,  both  the  respondent  and  the
29    complainant shall be accorded ample opportunity to present in
30    person or by counsel such  statements,  testimony,  evidence,
31    and  argument  as  may  be  pertinent to the charge or to any
32    defense  to  the  charge.  The  Comptroller  may   reasonably
33    continue  the  hearing from time to time. The Comptroller may
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 1    subpoena any  person  or  persons  in  this  State  and  take
 2    testimony  orally,  by deposition, or by exhibit, in the same
 3    manner and with the same fees and mileage  as  prescribed  in
 4    judicial  proceedings in civil cases. Any authorized agent of
 5    the Comptroller may administer  oaths  to  witnesses  at  any
 6    hearing that the Comptroller is authorized to conduct.
 7        (d)  The Comptroller, at the Comptroller's expense, shall
 8    provide  a  certified  shorthand  reporter  to  take down the
 9    testimony and preserve a record of every  proceeding  at  the
10    hearing  of any case involving the refusal to issue a license
11    under this Act,  the  suspension  or  revocation  of  such  a
12    license,  the  imposition  of  a  monetary  penalty,  or  the
13    referral  of  a  case for criminal prosecution. The record of
14    any such proceeding shall consist of the notice  of  hearing,
15    the complaint, all other documents in the nature of pleadings
16    and  written  motions filed in the proceeding, the transcript
17    of testimony, and the report and orders of  the  Comptroller.
18    Copies  of the transcript of the record may be purchased from
19    the certified shorthand reporter who prepared the  record  or
20    from the Comptroller.

21        (410 ILCS 18/62.15 new)
22        Sec.  62.15.  Court  order.  Upon  the application of the
23    Comptroller or of the  applicant  or  licensee  against  whom
24    proceedings  under  Section  62.10  are  pending, any circuit
25    court may enter an order requiring witnesses  to  attend  and
26    testify  and  requiring  the production of documents, papers,
27    files, books, and records in connection with any  hearing  in
28    any  proceeding  under  that  Section. Failure to obey such a
29    court order may result in contempt proceedings.

30        (410 ILCS 18/62.20 new)
31        Sec. 62.20. Judicial review.
32        (a)  Any  person  affected  by  a  final   administrative
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 1    decision  of  the  Comptroller  under  this  Act may have the
 2    decision reviewed judicially by  the  circuit  court  of  the
 3    county  where  the  person  resides  or,  in  the  case  of a
 4    corporation, where the  corporation's  registered  office  is
 5    located.  If  the plaintiff in the judicial review proceeding
 6    is not a resident of this State, venue shall be  in  Sangamon
 7    County.  The  provisions of the Administrative Review Law and
 8    any rules adopted under it govern  all  proceedings  for  the
 9    judicial  review  of  final  administrative  decisions of the
10    Comptroller  under  this  Act.   The   term   "administrative
11    decision" is defined as in the Administrative Review Law.
12        (b)  The  Comptroller  is  not  required  to  certify the
13    record of the proceeding unless the plaintiff in  the  review
14    proceeding  has  purchased  a copy of the transcript from the
15    certified shorthand reporter who prepared the record or  from
16    the Comptroller. Exhibits shall be certified without cost.

17        Section  99.   Effective  date.  This Act takes effect on
18    July 1, 2003.

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