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92nd General Assembly

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Public Act 92-0287

HB1825 Enrolled                               LRB9202574EGfgA

    AN ACT in relation to the cremation of companion animals.

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

    Section  1.  Short  title.   This Act may be cited as the
Companion Animal Cremation Act.

    Section 5. Definitions.  For the purposes  of  this  Act,
unless the context indicates otherwise:
    "Companion  animal"  or  "animal" means a deceased animal
that had a companion or pet relationship with an owner at the
time of the animal's death.
    "Provider of  companion  animal  cremation  services"  or
"provider"  means a person, company, or other entity engaging
in the business of cremating deceased  companion  animals  in
Illinois.
    "Cremation  remains"  means  the material remaining after
the cremation of an animal, which may include ashes, skeletal
remains, and other residue resulting  from  the  incineration
process,  and may be pulverized or otherwise processed by the
provider of cremation services.
    "Individually partitioned cremation"  means  a  cremation
process  in  which  either (i) only one companion animal at a
time is cremated in the incinerator or  (ii)  more  than  one
companion  animal  is cremated in the incinerator at the same
time, but each of the animals is  completely  separated  from
the others by partitions during the cremation process; and in
which  the  commingling  of  significant amounts of cremation
remains from different animals is unlikely to occur.
    "Communal cremation" means a cremation process  in  which
companion  animals  are  cremated  together without effective
partitions or separation during the cremation process, and in
which the commingling of  significant  amounts  of  cremation
remains from different animals is likely or certain to occur.
    "Commingling  of significant amounts of cremation remains
from different animals" means that specific cremation remains
cannot be attributed to a  particular  animal,  or  that  the
cremation  remains attributed to one companion animal contain
more than 1% by weight of cremation remains from one or  more
other  companion  animals.   The  presence,  in the cremation
remains of a companion animal, of the remains of any creature
that was contained within the body of that animal at the time
of cremation  (including  parasites,  insects,  and  food  or
creatures eaten by that companion animal) does not constitute
"commingling" for the purposes of this Act.
    A  person  or  business  entity is deemed to refer animal
owners or bring business to a provider "on a  regular  basis"
if  the  person  or  entity (i) has an ongoing contractual or
agency  relationship  with  the  provider  relating  to   the
cremation   of   companion   animals,   (ii)   receives   any
compensation  or  consideration  from  the provider or animal
owners relating to the cremation of companion animals by  the
provider,  or  (iii)  refers  or  brings  to the provider the
business of more than 5 animal owners in an average month.

    Section 10. Written explanation of services.
    (a)  A provider of companion  animal  cremation  services
must  prepare  a written explanation of the services offered,
which may but need not be in the form of a brochure.
    The  written  explanation  of  services  must  include  a
detailed explanation of each service offered.  For each  type
or   level   of   cremation   service  offered,  the  written
explanation of services shall disclose the specific  services
to be provided.
    If  any  part  of  the  deceased companion animal will be
removed, used, or sold by the provider before  or  after  the
cremation,  the written explanation of services must disclose
that fact.
    (b)  The written explanation of services must not include
any false or misleading information.  A  written  explanation
of services is misleading if:
         (1)  it  fails  to include a detailed explanation of
    the cremation services offered or fails to  include,  for
    each  type  or level of cremation service offered, any of
    the disclosures required under subsection (a);
         (2)  it uses the term "private" or "individual" with
    respect to  any  communal  cremation  procedure  or  with
    respect   to   an   individually   partitioned  cremation
    procedure that  will  cremate  more  than  one  companion
    animal at the same time;
         (3)  it  uses the term "individually partitioned" or
    "separate" with respect to a communal cremation  process;
    or
         (4)  it includes any text, picture, illustration, or
    combination  thereof,  or uses any layout, typography, or
    color scheme, in a way that is likely to lead a person of
    normal intelligence to misunderstand the  nature  of  the
    services  to be provided or to fail to read or understand
    certain parts of the written explanation of services.
    (c)  A provider of companion  animal  cremation  services
shall  provide  the  written explanation of services, without
charge:
         (1)  to the owner of each deceased animal with  whom
    the provider agrees to provide cremation services, or the
    person  making  cremation  arrangements  on  the  owner's
    behalf;
         (2)  to  all  veterinarians,  pet  shops,  and other
    persons or entities  known  to  the  provider  who  refer
    animal  owners  or bring deceased animals to the provider
    on  a  regular  basis,  in  quantities   sufficient   for
    distribution  by  those persons or entities to the animal
    owners whose business is being referred or brought to the
    provider;
         (3)  to the Office of the Attorney General, at least
    annually; and
         (4)  to any other person upon request.
    (d)  The preparation or distribution by a provider  of  a
written  explanation  of  services that the provider knows or
should know to be false or misleading constitutes a  business
offense, punishable by a fine of at least $1,001 but not more
than  $1,500  for a first offense and at least $2,000 but not
more than $2,500 for each subsequent offense.
    A knowing failure to  prepare  or  distribute  a  written
explanation   of   services   as  required  by  this  Section
constitutes a business offense, punishable by a  fine  of  at
least $1,001 but not more than $1,500 for a first offense and
at  least $2,000 but not more than $2,500 for each subsequent
offense.

    Section 15. Persons referring or bringing business  to  a
provider.
    (a)  A   veterinarian,  pet  shop,  or  other  person  or
business entity that refers owners of  deceased  animals,  or
persons  making  arrangements  on  an  owner's  behalf,  to a
provider on a regular basis shall make available  a  copy  of
the  provider's written explanation of services to the animal
owner, or person making arrangements on the  owner's  behalf,
at the time of the referral.
    (b)  A   veterinarian,  pet  shop,  or  other  person  or
business entity that accepts deceased companion  animals  for
cremation  through  services  obtained  from  a provider on a
regular basis shall make available a copy of  the  provider's
written  explanation  of  services  to  each animal owner, or
person making arrangements on the owner's behalf, from whom a
deceased companion animal is accepted.
    (c)  It is sufficient for compliance  with  this  Section
that  a  copy of the written explanation of services is given
to the animal owner, or the person making arrangements on the
owner's behalf, at the time the services are offered.
    (d)  Publishing or  otherwise  disseminating  advertising
for  a  provider  of companion animal cremation services does
not, in itself, constitute referring or bringing business  to
that provider for the purposes of this Section.

    Section    20.    Certification;    penalty   for   false
certification.
    (a)  Whenever a provider of  companion  animal  cremation
services  undertakes  to  provide  services  that include the
return of the cremation remains of the cremated  animal,  the
provider   shall  include  a  certification  along  with  the
returned cremation remains, declaring  to  the  best  of  the
provider's  knowledge  and  belief  that, except as otherwise
specifically indicated in the certificate, the cremation  and
any other services specified were provided in accordance with
the   representations  of  the  provider  in  the  applicable
portions of the provider's written explanation of services.
    (b)  To  knowingly  make  a  false  certification   under
subsection (a) is a business offense, punishable by a fine of
at  least $1,001 but not more than $1,500 for a first offense
and at least  $2,000  but  not  more  than  $2,500  for  each
subsequent offense.

    Section  95.   The  Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2KK as follows:

    (815 ILCS 505/2KK new)
    Sec. 2KK. Animal cremation services.  It is  an  unlawful
practice  within  the  meaning  of this Act for a provider of
companion animal cremation services (1) to fail to prepare or
distribute a written explanation of services as  required  by
the  Companion  Animal  Cremation  Act;  (2)  to  prepare  or
distribute  a  written explanation of services under that Act
that the provider  knows  or  should  know  to  be  false  or
misleading;  or  (3)  to knowingly make a false certification
under Section 20 of that Act.
    Passed in the General Assembly May 18, 2001.
    Approved August 09, 2001.

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