FUNERAL NEEDS-LIC RENEWALS
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SB 482 — FUNERAL NEEDS-LIC RENEWALS
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Illinois Funeral or Burial Funds Act. Provides that a separate completed contract shall be issued for cemetery merchandise, cemetery services, or undeveloped interment, entombment, or inurnment spaces, and not covered by this Act, unless certain conditions are met. Provides that licenses and license renewals shall be issued for a 5-year term. Provides requirements for license renewal and makes conforming changes in other provisions. Amends the Crematory Regulation Act, the Cemetery Care Act, and the Illinois Pre-Need Cemetery Sales Act. Provides that licenses and license renewals shall be issued for a 5-year term. Provides requirements for license renewal and makes conforming changes in other provisions of the Acts. Adds additional contract requirements under the Illinois Pre-Need Cemetery Sales Act. In the Cemetery Care Act, provides that the Comptroller shall examine at least annually every licensee who holds $750,000 or more (was, $250,000 or more) in its care funds. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that no person authorized by law to sell funeral services on an at need basis may also sell cemetery services, cemetery merchandise, or interment, inurnment, or entombment spaces on an at need basis, unless the person is also authorized by law to sell such cemetery services, merchandise, or spaces and issues to the consumer a separate contract with the provider of such cemetery services, merchandise, or spaces. Provides requirements for completed contracts. Effective January 1, 2006.
Bill Text
What changed in the latest version
1242 added · 1304 removedPlain-language change summary
The amended version of SB 482 changes the license renewal terms for certain acts to a standard 5-year duration, simplifying the process for licensees. Additionally, it introduces requirements that license renewal applications must be submitted in writing and verified, ensuring more accountability. This matters because clear renewal processes can enhance compliance and oversight in industries related to funeral and cemetery services, ultimately protecting consumers.
*LRB09410608AMC40929b* SB0482 94THEngrossed GENERALLRB094 ASSEMBLY10608 StateAMC of40929 Illinoisb andAN 2006ACT SB0482concerning Introducedregulation. 2/16/2005, by Sen.
Debbie DeFrancesco Halvorson - Deanna Demuzio - M.
Maggie Crotty - William R.
Haine - Antonio Munoz, et al.
SYNOPSIS AS INTRODUCED:
See Index Amends the Illinois Funeral or Burial Funds Act.
Provides that a separate completed contract shall be issued for cemetery merchandise, cemetery services, or undeveloped interment, entombment, or inurnment spaces, and not covered by this Act, unless certain conditions are met.
Provides that licenses and license renewals shall be issued for a 5-year term.
Provides requirements for license renewal and makes conforming changes in other provisions.
Amends the Crematory Regulation Act, the Cemetery Care Act, and the Illinois Pre-Need Cemetery Sales Act.
Provides that licenses and license renewals shall be issued for a 5-year term.
Provides requirements for license renewal and makes conforming changes in other provisions of the Acts.
Adds additional contract requirements under the Illinois Pre-Need Cemetery Sales Act.
In the Cemetery Care Act, provides that the Comptroller shall examine at least annually every licensee who holds $750,000 or more (was, $250,000 or more) in its care funds.
Amends the Consumer Fraud and Deceptive Business Practices Act.
Provides that no person authorized by law to sell funeral services on an at need basis may also sell cemetery services, cemetery merchandise, or interment, inurnment, or entombment spaces on an at need basis, unless the person is also authorized by law to sell such cemetery services, merchandise, or spaces and issues to the consumer a separate contract with the provider of such cemetery services, merchandise, or spaces.
Provides requirements for completed contracts.
Effective January 1, 2006.
LRB094 10608 AMC 40929 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB0482 LRB094 10608 AMC 40929 b AN ACT concerning regulation.
FOR DESIGNATED SB0482 Engrossed - 2 - LRB094 10608 AMC 40929 b GOODS AND SERVICES, ADDITIONAL CHARGES MAY BE INCURRED FOR UNEXPECTED EXPENSES INCLUDING, BUT NOT LIMITED TO, CASH ADVANCES, SHIPPING OF REMAINS FROM A DISTANT PLACE, OR DESIGNATED HONORARIA ORDERED OR DIRECTED BY SURVIVORS.
and SB0482 Engrossed - 3 - LRB094 10608 AMC 40929 b (C) The impact on the pre-need contract of (i) any changes in the funding arrangement including but not limited to changes in the assignment, beneficiary designation, or use of the funds;
SB0482 Engrossed - 4 - LRB094 10608 AMC 40929 b (d) All pre-need contracts must be in writing in at least 11 point type, numbered, and executed in duplicate.
SB0482 Engrossed - 5 - LRB094 10608 AMC 40929 b (a) The Comptroller may refuse to issue or renew or may suspend or revoke a license on any of the following grounds:
(10) The applicant or licensee, including any member, officer, or director thereof if the applicant or licensee is a firm, partnership, association or corporation and any shareholder holding more than 10% of the corporate stock, has violated any provision of this Act or any regulation, decision, order, or finding made by the Comptroller under SB0482 Engrossed - 6 - LRB094 10608 AMC 40929 b this Act.
(a) Any license that was issued under this Act before the SB0482 Engrossed - 7 - LRB094 10608 AMC 40929 b effective date of this amendatory Act of the 94th General Assembly shall expire 5according yearsto aftera theschedule effectivedeveloped dateby ofthe thisComptroller amendatorypursuant Actto of the 94thoriginal Generaldate Assemblyof issuance and must thereafter be renewed as provided in this Act.
In order to complete the license renewal process, the licensee shall submit a license renewal application to the Comptroller in writing signed by the applicantlicensee and duly verified on forms furnished by the Comptroller upon the date of renewal.
EachThe Comptroller may prescribe abbreviated license renewal application mustforms containfor allpersons holding multiple licenses issued by the following:Comptroller.
Each renewal application (except abbreviated applications) shall contain all the following:
(4) The following information for the applicant,licensee, and each member, officer, and director thereof, if the applicantlicensee is a firm, partnership, association, or corporation, and each shareholder holding more than 10% of the corporate stock, if the applicantlicensee is a corporation:
(B) A detailed statement of the individual’s SB0482 Engrossed - 8 - LRB094 10608 AMC 40929 b business experience for the 10 years immediately preceding the application.
(C) Any present or prior connection between the individual and any other person engaged in pre-need SB0482 - 8 - LRB094 10608 AMC 40929 b sales.
Since the information required by this item (4) and item (5) may be confidential or contain proprietary information, this information shall not be available to other licensees or the general public and shall be used only for the lawful purposes of the Comptroller in enforcing this Act.
(5) A current statement of the applicant’slicensee’s assets and liabilities.
(7) The current names and addresses of the licensee’s branch locations at which pre-need sales are conducted and that operate under the same license number as the applicant’slicensee’s principal place of business.
SB0482 Engrossed - 9 - LRB094 10608 AMC 40929 b (9) Such other information as the Comptroller may reasonably require in order to determine whether the licensee’s renewal application qualifies under this Act.
(225 ILCS 45/3a-3 new) SB0482 - 9 - LRB094 10608 AMC 40929 b Sec.
(b) Individual salespersons representing a licensee shall SB0482 Engrossed - 10 - LRB094 10608 AMC 40929 b not be required to obtain licenses in their individual capacities, but must acknowledge, by affidavit, that they have been provided with a copy of and have read this Act.
The licensee shall retain copies of the affidavits of its sellers for its records and shall make the affidavits available to the SB0482 - 10 - LRB094 10608 AMC 40929 b Comptroller for examination upon request.
SB0482 Engrossed - 11 - LRB094 10608 AMC 40929 b (b) Whenever a license is not renewed or is revoked by the Comptroller, he or she shall apply to the Circuit Court of the county wherein the licensee is located for a receiver to administer the trust funds of the licensee or to maintain the life insurance policies and tax-deferred annuities held by the SB0482 - 11 - LRB094 10608 AMC 40929 b licensee under a pre-need contract.
(a) Any license that was issued under this Act before the effective date of this amendatory Act of the 94th General Assembly shall expire 5according yearsto aftera theschedule effectivedeveloped dateby ofthe thisComptroller amendatorypursuant Actto of the 94thoriginal Generaldate Assemblyof issuance and must thereafter be renewed as provided in this Act.
Show all 156 changed lines (116 more)
In order to complete the license renewal process, the licensee shall submit a license renewal application to the Comptroller in writing on forms furnished by the Comptroller upon the date of renewal.
EachThe Comptroller may prescribe abbreviated license renewal application shallforms containfor allpersons ofholding multiple licenses issued by the following:Comptroller.
(1)Each An affirmative statement indicating the licensee’s desire for renewal andapplication agreement(except toabbreviated abideapplications) byshall contain all applicableof statutesthe andfollowing: rules.
SB0482 Engrossed - 12 - LRB094 10608 AMC 40929 b (1) An affirmative statement indicating the licensee’s desire for renewal and agreement to abide by all applicable statutes and rules.
the full name and address of every member, if SB0482 - 12 - LRB094 10608 AMC 40929 b the licensee is a partnership;
(b) In the event the renewal application is denied by the SB0482 Engrossed - 13 - LRB094 10608 AMC 40929 b Comptroller, the renewal fee paid is not refundable.
SB0482 - 13 - LRB094 10608 AMC 40929 b (410 ILCS 18/11) Sec.
(6) The applicant or licensee has failed to make the annual report required by this Act or to comply with a SB0482 Engrossed - 14 - LRB094 10608 AMC 40929 b final order, decision, or finding of the Comptroller made under this Act.
(7) The applicant or licensee, including any member, officer, or director of the applicant or licensee if the applicant or licensee is a firm, partnership, association, or corporation and including any shareholder holding more than 25% of the corporate stock of the applicant or licensee, has violated any provision of this Act or any SB0482 - 14 - LRB094 10608 AMC 40929 b regulation or order made by the Comptroller under this Act.
SB0482 Engrossed - 15 - LRB094 10608 AMC 40929 b (b) No license is transferable or assignable without the express written consent of the Comptroller.
(c) Every license issued under this Act shall remain in force until it expires or has been surrendered, suspended, or SB0482 - 15 - LRB094 10608 AMC 40929 b revoked in accordance with this Act.
The notice must include sufficient information to inform the respondent of the general SB0482 Engrossed - 16 - LRB094 10608 AMC 40929 b nature of the reason for the Comptroller’s action.
The Comptroller may subpoena any person or persons in this State and take testimony orally, by deposition, or by SB0482 - 16 - LRB094 10608 AMC 40929 b exhibit, in the same manner and with the same fees and mileage as prescribed in judicial proceedings in civil cases.
No cemetery authority owning, operating, controlling or managing a privately SB0482 Engrossed - 17 - LRB094 10608 AMC 40929 b operated cemetery may accept the care funds authorized by the provisions of Section 3 of this Act without securing from the Comptroller a license to hold the funds.
All licenses issued under the provisions of this Act by the Department of Financial Institutions prior to the time the SB0482 - 17 - LRB094 10608 AMC 40929 b administration of this Act was transferred to the Comptroller shall remain valid for all purposes unless such license expires or is terminated, surrendered or revoked as provided in this Act.
Upon receipt of a registration statement, if a claim is made that a cemetery is a fraternal cemetery, municipal cemetery, or religious cemetery, or a family burying ground, as SB0482 Engrossed - 18 - LRB094 10608 AMC 40929 b the case may be, as defined in Section 2 of this Act, and the Comptroller shall determine that such cemetery is not a fraternal cemetery, a municipal cemetery, or a religious cemetery, or a family burying ground, as the case may be, as defined in Section 2 of this Act, the Comptroller shall notify the cemetery authority making the claim of such determination;
provided, however, that no such claim shall be denied until the cemetery authority making such claim has had at least 10 days’ SB0482 - 18 - LRB094 10608 AMC 40929 b notice of a hearing thereon and an opportunity to be heard.
88-477.) SB0482 Engrossed - 19 - LRB094 10608 AMC 40929 b (760 ILCS 100/9.1 new) Sec.
(a) Any license that was issued under this Act before the effective date of this amendatory Act of the 94th General Assembly shall expire 5according yearsto aftera theschedule effectivedeveloped dateby ofthe thisComptroller amendatorypursuant Actto of the 94thoriginal Generaldate Assemblyof issuance and must thereafter be renewed as provided in this Act.
Beginning on the effective date of this amendatory Act of the 94th General Assembly, a SB0482 - 19 - LRB094 10608 AMC 40929 b license or license renewal shall be issued for a 5-year term, which shall expire as provided in this Act.
In order to complete the license renewal process, the licensee shall submit a license renewal application to the Comptroller in writing signed by the applicantlicensee and on forms furnished by the Comptroller upon the date of renewal.
The form furnished by the Comptroller shallmay enableprescribe aabbreviated cemeterylicense authorityrenewal toforms apply for licensepersons renewalholding of multiple cemeterylicenses locationsissued withinby athe singleComptroller. license renewal application.
Each renewal application must(except abbreviated applications) shall contain all the following:
(A) Name and current address (both residence and SB0482 Engrossed - 20 - LRB094 10608 AMC 40929 b place of business).
(D) Any felony or misdemeanor convictions of which SB0482 - 20 - LRB094 10608 AMC 40929 b fraud was an essential element, any judgment against the person in a civil suit in which the complaint is based on fraud, and whether the person is, at the time of application, a defendant in a civil suit in which the complaint is based on fraud.
Since the information required by this item (4) and the following item (5) may be confidential or contain proprietary information, this information shall not be available to other licensees or the general public and shall be used only for the lawful purposes of the Comptroller in enforcing this Act.
(5) A current statement of the applicant’slicensee’s assets and liabilities.
(a) If a licensee continues to conduct activities requiring SB0482 Engrossed - 21 - LRB094 10608 AMC 40929 b a license but fails to submit a completed license renewal application to the Comptroller within the time specified in this Act, the Comptroller shall impose upon the licensee a penalty of $5 for each day the licensee remains delinquent in submitting the renewal application.
SB0482 - 21 - LRB094 10608 AMC 40929 b (760 ILCS 100/9.4 new) Sec.
(a) The applicant or licensee has made any misrepresentations or false statements or has concealed any essential or material fact, or (b) The applicant or licensee is insolvent;
or (c) The applicant or licensee is or has been using practices in the conducting of the cemetery business that work or tend to work a fraud;
or (d) The applicant or licensee has refused to furnish or give pertinent data to the Comptroller;
or (e) The applicant or licensee has failed to notify the Comptroller with respect to any material facts required in the application for license under the provisions of this Act;
or (f) The applicant or licensee has failed to satisfy any enforceable judgment entered by the circuit court in any civil proceedings against such applicant;
or SB0482 Engrossed - 22 - LRB094 10608 AMC 40929 b (g) The applicant or licensee has conducted or is about to conduct its business in a fraudulent manner;
or (h) The applicant or licensee or any individual listed in the license or license renewal application has conducted or is about to conduct any business on behalf of the applicant in a fraudulent manner;
or has failed to satisfy any enforceable judgment entered by the circuit court in any civil SB0482 - 22 - LRB094 10608 AMC 40929 b proceedings against such individual;
or (i) The applicant or licensee has ever had a license involving cemeteries or funeral homes revoked, suspended, or refused to be issued in Illinois or elsewhere.
The license or license renewal issued by the Comptroller SB0482 Engrossed - 23 - LRB094 10608 AMC 40929 b shall remain in full force and effect until it expires or is surrendered by the licensee or revoked by the Comptroller as hereinafter provided.
If a license application seeks licensure to accept care funds on behalf of SB0482 - 23 - LRB094 10608 AMC 40929 b more than one cemetery location, the Comptroller, upon approval of the license application, shall issue to the cemetery authority a separate license for each cemetery location indicated on the application.
SB0482 Engrossed - 24 - LRB094 10608 AMC 40929 b (Source:
For that purpose, the Comptroller shall have free access to the office and places of business and to such records of all licensees and of all trustees of the care funds of all SB0482 - 24 - LRB094 10608 AMC 40929 b licensees as shall relate to the acceptance, use and investment of care funds.
Any licensee which is not required to be examined annually shall submit an annual report to the Comptroller containing SB0482 Engrossed - 25 - LRB094 10608 AMC 40929 b such information as the Comptroller reasonably may request.
(1) material and unverified changes or fluctuations in SB0482 - 25 - LRB094 10608 AMC 40929 b trust balances;
SB0482 Engrossed - 26 - LRB094 10608 AMC 40929 b (Source:
(a) The licensee has failed to make the annual report or to SB0482 - 26 - LRB094 10608 AMC 40929 b maintain in effect the required bond or to comply with an order, decision, or finding of the Comptroller made pursuant to this Act;
When any license is so revoked or not renewed, the Comptroller shall within 20 days SB0482 Engrossed - 27 - LRB094 10608 AMC 40929 b thereafter, prepare and keep on file in his office the transcript of the evidence taken and a written order or decision of revocation, and shall send by United States mail a copy of such order or decision of revocation or failure to renew to the licensee at the address set forth in the license within 5 days after the filing in his office of such order, finding or decision.
83-333.) SB0482 - 27 - LRB094 10608 AMC 40929 b (760 ILCS 100/18) (from Ch.
SB0482 Engrossed - 28 - LRB094 10608 AMC 40929 b (Source:
(a) Any license that was issued under this Act before the SB0482 - 28 - LRB094 10608 AMC 40929 b effective date of this amendatory Act of the 94th General Assembly shall expire 5according yearsto aftera theschedule effectivedeveloped dateby ofthe thisComptroller amendatorypursuant Actto of the 94thoriginal Generaldate Assemblyof issuance and must thereafter be renewed as provided in this Act.
In order to complete the license renewal process, the licensee shall submit a license renewal application to the Comptroller in writing under oath, signed by the applicantlicensee and in the form furnished by the Comptroller upon the date of renewal.
The Comptroller may prescribe abbreviated license renewal application forms for persons holding amultiple licenselicenses underissued by the CemeteryComptroller. Care Act.
SB0482 Engrossed - 29 - LRB094 10608 AMC 40929 b (4) The following information for the applicant,licensee, and each member, officer, and director thereof, if the applicantlicensee is a firm, partnership, association, or corporation, and each shareholder holding more than 10% of the corporate stock, if the applicantlicensee is a corporation:
(B) A detailed statement of the individual’s business experience for the 10 years immediately SB0482 - 29 - LRB094 10608 AMC 40929 b preceding the application.
Since the information required by this item (4) and item (5) may be confidential or contain proprietary information, this information shall not be available to other licensees or the general public and shall be used only for the lawful purposes of the Comptroller in enforcing this Act.
SB0482 Engrossed - 30 - LRB094 10608 AMC 40929 b (7) The current name and address of the licensee’s branch locations at which pre-need sales are conducted and that operate under the same license number as the licensee’s principal place of business.
SB0482 - 30 - LRB094 10608 AMC 40929 b (815 ILCS 390/6c new) Sec.
SB0482 Engrossed - 31 - LRB094 10608 AMC 40929 b (b) The applicant or licensee is insolvent;
SB0482 - 31 - LRB094 10608 AMC 40929 b (g) The trust agreement is not in compliance with State or federal law;
or SB0482 Engrossed - 32 - LRB094 10608 AMC 40929 b (m) The Comptroller finds any fact or condition existing which, if it had existed at the time of the original application for such license or renewal of such license would have warranted the Comptroller in refusing the issuance or renewal of the license.
(a) Every license issued by the Comptroller shall state the number of the license, the business name and address SB0482 - 32 - LRB094 10608 AMC 40929 b of the licensee’s principal place of business, each branch location also operating under the license, and the licensee’s parent company, if any.
SB0482 Engrossed - 33 - LRB094 10608 AMC 40929 b (f) No license shall be transferable or assignable without the express written consent of the Comptroller.
(g) Every license issued hereunder shall remain in force until the same expires or has been suspended, surrendered or revoked in accordance with this Act, but the Comptroller, upon the request of an interested person or on his own motion, may SB0482 - 33 - LRB094 10608 AMC 40929 b issue new licenses to a licensee whose license or licenses have been revoked, if no factor or condition then exists which would have warranted the Comptroller in refusing originally the issuance of such license.
Such written notice may be served on the respondent personally, or by registered or certified mail sent to the respondent’s business address as shown in his latest notification to the SB0482 Engrossed - 34 - LRB094 10608 AMC 40929 b Comptroller and shall include sufficient information to inform the respondent of the general nature of the charge.
The Comptroller may subpoena any person or persons in this State and take testimony orally, by deposition or by exhibit, SB0482 - 34 - LRB094 10608 AMC 40929 b in the same manner and with the same fees and mileage as prescribed in judicial proceedings in civil cases.
(a) The Comptroller may, upon determination that grounds exist for the revocation or suspension or nonrenewal of a license issued under this Act, revokerevoke, or suspend, or fail to renew, if appropriate, the license issued to a licensee or to a SB0482 Engrossed - 35 - LRB094 10608 AMC 40929 b particular branch office location with respect to which the grounds for revocation, or suspension, or failure to renew may occur or exist.
214) SB0482 - 35 - LRB094 10608 AMC 40929 b Sec.
(iv) the location of the spaces to be provided, if a specific space is contracted for, indicated on a copy of an overall map of the site or section of the interment, entombment, or inurnment spaces;
and (v) a description of the type of care furnished by a provider holding a valid license under the Cemetery Care Act that is being purchased SB0482 Engrossed - 36 - LRB094 10608 AMC 40929 b to maintain the interment, entombment, or inurnment space, if a specific space is contracted for.
(1.5) EachUpon request by the purchaser, each contract shallmay include a current copy of the provider’s rules and regulations pertaining to the site of the completed interment, entombment, or inurnment spaces, if such spaces are to be provided under the contract.
(2) In addition, such contracts must contain a SB0482 - 36 - LRB094 10608 AMC 40929 b provision in distinguishing typeface as follows:
ADDITIONAL CHARGES MAY BE INCURRED FOR UNEXPECTED EXPENSES." (5) The pre-need sales contract shall provide that if the particular cemetery services, cemetery merchandise, or SB0482 Engrossed - 37 - LRB094 10608 AMC 40929 b spaces specified in the pre-need contract are unavailable at the time of delivery, the seller shall be required to furnish services, merchandise, and spaces similar in style and at least equal in quality of material and workmanship.
(8) Each pre-need contract that authorizes the SB0482 - 37 - LRB094 10608 AMC 40929 b delivery of cemetery merchandise to a licensed and bonded warehouse shall provide that prior to or upon delivery of the merchandise to the warehouse the title to the merchandise and a warehouse receipt shall be delivered to the purchaser or beneficiary.
DELIVERY OF THE MERCHANDISE IN THIS MANNER MAY PRECLUDE REFUND OF SALE PROCEEDS THAT ARE ATTRIBUTABLE TO THE DELIVERED SB0482 Engrossed - 38 - LRB094 10608 AMC 40929 b MERCHANDISE." The purchaser shall initial the statement at the time of entry into the pre-need contract.
(d) No pre-need sales contract may be entered into in this State unless there is a provider for the cemetery merchandise, SB0482 - 38 - LRB094 10608 AMC 40929 b cemetery services, and undeveloped interment, inurnment, and entombment spaces being sold.
SB0482 Engrossed - 39 - LRB094 10608 AMC 40929 b A COPY OF THE PROVIDER’S RULES AND REGULATIONS HAS BEEN MADE AVAILABLE TO ME."ME UPON MY REQUEST." A separate completed contract shall be issued for funeral merchandise or funeral services covered by the Illinois Funeral or Burial Funds Act, and not covered by this Act, unless the seller is licensed under both Acts and all disclosures are in compliance with both Acts.
(e) No pre-need contract may be entered into in this State SB0482 - 39 - LRB094 10608 AMC 40929 b unless it is accompanied by a funding mechanism permitted under this Act and unless the seller is licensed by the Comptroller as provided in this Act.
The Consumer Fraud and Deceptive Business SB0482 Engrossed - 40 - LRB094 10608 AMC 40929 b Practices Act is amended by adding Section 2VV as follows:
No person authorized by law to sell funeral services on an atat-need need basis may also sell or arrange for the purchase of cemetery services, cemetery merchandise, or interment, inurnment, or entombment spaces on an atat-need need basis, unless the person is also authorized by law to sell or arrange for the purchase of such cemetery services, merchandise, or spaces and issues to the consumer a separate contract with the provider of such cemetery services, merchandise, or spaces.
Each completed contract shall be numbered and shall SB0482 - 40 - LRB094 10608 AMC 40929 b contain:
(iii) the location of the space to be provided, if a specific space is contracted for, indicated on a copy of an overall map of the site or section of the interment, entombment, or inurnment space;
EachUpon request by the purchaser, each contract shallmay include a current copy of the provider’s rules and regulations pertaining to the site of the interment, entombment, or inurnment spaces, if such spaces are to be provided under the contract.
The purchaser shall make personal contact with the provider and visit the site of the undeveloped interment, inurnment, or entombment SB0482 Engrossed - 41 - LRB094 10608 AMC 40929 b spaces being sold, unless the purchaser waives his or her right to do so.
I HAVE WAIVED MY RIGHT TO MAKE PERSONAL CONTACT AND VISIT THE PROVIDER OF THE CEMETERY MERCHANDISE, CEMETERY SERVICES, OR INTERMENT, INURNMENT, OR ENTOMBMENT SPACES BEING SOLD IN THIS CONTRACT."CONTRACT. SB0482 - 41 - LRB094 10608 AMC 40929 b Any person who violates this Section commits an unlawful practice within the meaning of this Act.
A COPY OF THE PROVIDER’S RULES AND REGULATIONS HAS BEEN MADE AVAILABLE TO ME UPON MY REQUEST." Any person who violates this Section commits an unlawful practice within the meaning of this Act.
SB0482 - 42 - LRB094 10608 AMC 40929 b INDEX Statutes amended in order of appearance 225 ILCS 45/1a-1 225 ILCS 45/3a from Ch.
111 1/2, par.
73.103a 225 ILCS 45/3a-1 new 225 ILCS 45/3a-2 new 225 ILCS 45/3a-3 new 225 ILCS 45/3a-4 new 225 ILCS 45/3a-5 225 ILCS 45/3f 410 ILCS 18/10.1 new 410 ILCS 18/10.2 new 410 ILCS 18/10.3 new 410 ILCS 18/10.4 new 410 ILCS 18/11 410 ILCS 18/11.5 410 ILCS 18/13 410 ILCS 18/62.10 760 ILCS 100/7 from Ch.
21, par.
64.7 760 ILCS 100/8 from Ch.
21, par.
64.8 760 ILCS 100/9.1 new 760 ILCS 100/9.2 new 760 ILCS 100/9.3 new 760 ILCS 100/9.4 new 760 ILCS 100/10 from Ch.
21, par.
64.10 760 ILCS 100/11 from Ch.
21, par.
64.11 760 ILCS 100/14 from Ch.
21, par.
64.14 760 ILCS 100/15 from Ch.
21, par.
64.15 760 ILCS 100/15.3 from Ch.
21, par.
64.15-3 760 ILCS 100/15.4 from Ch.
21, par.
64.15-4 760 ILCS 100/18 from Ch.
21, par.
64.18 815 ILCS 390/6a new 815 ILCS 390/6b new 815 ILCS 390/6c new 815 ILCS 390/6d new SB0482 - 43 - LRB094 10608 AMC 40929 b 815 ILCS 390/7 from Ch.
21, par.
207 815 ILCS 390/8 from Ch.
21, par.
208 815 ILCS 390/9 from Ch.
21, par.
209 815 ILCS 390/12 from Ch.
21, par.
212 815 ILCS 390/14 from Ch.
21, par.
214 815 ILCS 505/2VV new
Show all 156 changed rows (116 more)
Action History
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Session Sine Die
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House Floor Amendment No. 5 Re-Referred to Rules Committee
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Rule 19(a) / Re-referred to Rules Committee
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Final Action Deadline Extended-9(b) May 5, 2006
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House Floor Amendment No. 6 Referred to Rules Committee
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House Floor Amendment No. 6 Filed with Clerk by Rep. John A. Fritchey
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Final Action Deadline Extended-9(b) April 30, 2006
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Alternate Chief Co-Sponsor Removed Rep. Lovana Jones
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House Floor Amendment No. 5 Rules Refers to Registration and Regulation Committee
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Alternate Chief Co-Sponsor Removed Rep. Monique D. Davis
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House Floor Amendment No. 5 Referred to Rules Committee
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House Floor Amendment No. 5 Filed with Clerk by Rep. Angelo Saviano
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Final Action Deadline Extended-9(b) April 13, 2006
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Alternate Chief Co-Sponsor Removed Rep. Lou Lang
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House Floor Amendment No. 4 Referred to Rules Committee
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House Floor Amendment No. 4 Filed with Clerk by Rep. John A. Fritchey
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Alternate Chief Co-Sponsor Removed Rep. Jack D. Franks
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House Floor Amendment No. 3 Referred to Rules Committee
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House Floor Amendment No. 3 Filed with Clerk by Rep. John A. Fritchey
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House Floor Amendment No. 2 Referred to Rules Committee
-
House Floor Amendment No. 2 Filed with Clerk by Rep. Angelo Saviano
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Alternate Chief Sponsor Changed to Rep. Angelo Saviano
-
Placed on Calendar 2nd Reading - Short Debate
-
Approved for Consideration Rules Committee; 004-000-000
-
Final Action Deadline Extended-9(b) April 7, 2006
-
Sponsor Removed Sen. William R. Haine
-
Rule 19(a) / Re-referred to Rules Committee
-
Housing Affordability Impact Note Filed As Amended by HA 1
-
Housing Affordability Impact Note Filed As Amended by HA 1
-
Held on Calendar Order of Second Reading - Short Debate
-
Second Reading - Short Debate
-
Housing Affordability Impact Note Requested by Rep. Dan Brady
-
Judicial Note Filed As Amended by HA 1
-
Final Action Deadline Extended-9(b) May 31, 2005
-
Judicial Note Requested by Rep. Dan Brady; As Amended by HA 1
-
Added Alternate Chief Co-Sponsor Rep. Monique D. Davis
-
State Mandates Fiscal Note Filed As Amended by HA 1
-
Added Alternate Chief Co-Sponsor Rep. Lovana Jones
-
State Mandates Fiscal Note Requested by Rep. Jim Watson; As Amended by HA 1
-
Alternate Chief Co-Sponsor Removed Rep. Patricia Reid Lindner
-
Fiscal Note Filed As Amended by HA 1
-
Placed on Calendar 2nd Reading - Short Debate
-
Do Pass as Amended / Short Debate State Government Administration Committee; 008-000-000
-
House Committee Amendment No. 1 Adopted in State Government Administration Committee; by Voice Vote
-
House Committee Amendment No. 1 Filed with Clerk by State Government Administration Committee
-
Added Alternate Chief Co-Sponsor Rep. Lou Lang
-
Added Alternate Chief Co-Sponsor Rep. Patricia Reid Lindner
-
Added Alternate Chief Co-Sponsor Rep. Jack D. Franks
-
Remains in State Government Administration Committee
-
Motion Do Pass - Lost State Government Administration Committee; 004-004-001
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Assigned to State Government Administration Committee
-
Referred to Rules Committee
-
First Reading
-
Chief House Sponsor Rep. William Davis
-
Placed on Calendar Order of First Reading
-
Arrived in House
-
Third Reading - Passed; 056-000-000
-
Placed on Calendar Order of 3rd Reading April 12, 2005
-
Second Reading
-
Added as Co-Sponsor Sen. Kathleen L. Wojcik
-
Placed on Calendar Order of 2nd Reading March 15, 2005
-
Do Pass as Amended Licensed Activities; 009-000-000
-
Senate Committee Amendment No. 2 Adopted
-
Senate Committee Amendment No. 1 Tabled in Licensed Activities
-
Senate Committee Amendment No. 2 Rules Refers to Licensed Activities
-
Senate Committee Amendment No. 1 Rules Refers to Licensed Activities
-
Senate Committee Amendment No. 2 Referred to Rules
-
Senate Committee Amendment No. 2 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson
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Senate Committee Amendment No. 1 Referred to Rules
-
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Debbie DeFrancesco Halvorson
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Postponed - Licensed Activities
-
Postponed - Licensed Activities
-
Assigned to Licensed Activities
-
Referred to Rules
-
First Reading
-
Co-Sponsor Sen. Ira I. Silverstein
-
Chief Co-Sponsor Sen. Antonio Munoz
-
Chief Co-Sponsor Sen. William R. Haine
-
Chief Co-Sponsor Sen. M. Maggie Crotty
-
Chief Co-Sponsor Sen. Deanna Demuzio
-
Filed with Secretary by Sen. Debbie DeFrancesco Halvorson
Sponsors
- Debbie DeFrancesco Halvorson · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Debbie DeFrancesco Halvorson
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 50 | 0 | 0 | 3 |
| Democrat | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 56 | 0 | 0 | 3 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Yea |
| Silverstein | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bomke | — | Yea |
| Burzynski | — | Yea |
| Geo-Karis | — | Yea |
| Halvorson | — | Yea |
| Link | — | Yea |
| Demuzio | — | Yea |
| Petka | — | Not Voting |
| Luechtefeld | — | Yea |
| Maloney | — | Yea |
| Dillard | — | Yea |
| Forby | — | Yea |
| Lauzen | — | Yea |
| Meeks | — | Yea |
| Munoz | — | Yea |
| Peterson | — | Yea |
| Brady | — | Yea |
| Radogno | — | Yea |
| Sullivan, D. | — | Yea |
| Schoenberg | — | Yea |
| Shadid | — | Yea |
| Sullivan, J. | — | Yea |
| Sieben | — | Yea |
| Trotter | — | Yea |
| Jacobs | — | Yea |
| Viverito | — | Yea |
| Jones, J. | — | Yea |
| Cullerton | — | Yea |
| Watson | — | Yea |
| Jones, W. | — | Yea |
| Wilhelmi | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Winkel | — | Yea |
| Wojcik | — | Yea |
| Pankau | — | Yea |
| Raoul | — | Yea |
| Rauschenberger | — | Not Voting |
| Righter | — | Yea |
| Risinger | — | Yea |
| Ronen | — | Yea |
| Roskam | — | Not Voting |
| Rutherford | — | Yea |
| del Valle | — | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 482 do?
- Amends the Illinois Funeral or Burial Funds Act. Provides that a separate completed contract shall be issued for cemetery merchandise, cemetery services, or undeveloped interment, entombment, or inurnment spaces, and not covered by this Act, unless certain conditions are met. Provides that licenses and license renewals shall be issued for a 5-year term. Provides requirements for license renewal and makes conforming changes in other provisions. Amends the Crematory Regulation Act, the Cemetery Care Act, and the Illinois Pre-Need Cemetery Sales Act. Provides that licenses and license renewals shall be issued for a 5-year term. Provides requirements for license renewal and makes conforming changes in other provisions of the Acts. Adds additional contract requirements under the Illinois Pre-Need Cemetery Sales Act. In the Cemetery Care Act, provides that the Comptroller shall examine at least annually every licensee who holds $750,000 or more (was, $250,000 or more) in its care funds. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that no person authorized by law to sell funeral services on an at need basis may also sell cemetery services, cemetery merchandise, or interment, inurnment, or entombment spaces on an at need basis, unless the person is also authorized by law to sell such cemetery services, merchandise, or spaces and issues to the consumer a separate contract with the provider of such cemetery services, merchandise, or spaces. Provides requirements for completed contracts. Effective January 1, 2006.
- Who sponsors SB 482?
- SB 482 is sponsored by Debbie DeFrancesco Halvorson.
- What is the current status of SB 482?
- This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 482?
- Track SB 482 free on One Click Politics — get push/email alerts when it moves.
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