225 ILCS 411

in effect

225 ILCS 411/5-1

(225 ILCS 411/5-1) (Section scheduled to be repealed on January 1, 2027) Sec. 5-1. Short title. This Act may be cited as the Cemetery Oversight Act. (Source: P.A. 96-863, eff. 3-1-10.)

(225 ILCS 411/5-5) (Section scheduled to be repealed on January 1, 2027) Sec. 5-5. Findings and purpose. The citizens of Illinois have a compelling interest in the expectation that their loved ones will be treated with the same dignity and respect in death as they are entitled to be treated in life. The laws of the State should provide adequate protection in upholding the sanctity of the handling and disposition of human remains and the preservation of final resting places, but without unduly restricting family, ethnic, cultural, and religious traditions. The purpose of this Act is to ensure that the deceased be accorded equal treatment and respect for human dignity without reference to ethnic origins, cultural backgrounds, or religious affiliations. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/5-10

(225 ILCS 411/5-10) (Section scheduled to be repealed on January 1, 2027) Sec. 5-10. Declaration of public policy. The practice of cemetery operation in the State of Illinois is hereby declared to affect the public health, safety, and well-being of its citizens and to be subject to regulation and control in the public interest. It is further declared that cemetery operation, as defined in this Act, should merit the confidence of the public and that only qualified persons shall be authorized to own, operate, manage, or otherwise control a cemetery in the State of Illinois. This Act shall be liberally construed to best carry out this purpose. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/5-15 Definitions

(225 ILCS 411/5-15) (Section scheduled to be repealed on January 1, 2027) Sec. 5-15. Definitions. In this Act: "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file. The address of record for a cemetery authority shall be the permanent street address of the cemetery. "Applicant" means a person applying for licensure under this Act as a cemetery authority, cemetery manager, or customer service employee. Any applicant or any person who holds himself or herself out as an applicant is considered a licensee for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act. "Burial permit" means a permit provided by a licensed funeral director for the disposition of a dead human body. "Care" means the maintenance of a cemetery and of the lots, graves, crypts, niches, family mausoleums, memorials, and markers therein, including: (i) the cutting and trimming of lawn, shrubs, and trees at reasonable intervals; (ii) keeping in repair the drains, water lines, roads, buildings, fences, and other structures, in keeping with a well-maintained cemetery as provided for in Section 20-5 of this Act and otherwise as required by rule; (iii) maintenance of machinery, tools, and equipment for such care; (iv) compensation of cemetery workers, any discretionary payment of insurance premiums, and any reasonable payments for workers' pension and other benefits plans; and (v) the payment of expenses necessary for such purposes and for maintaining necessary records of lot ownership, transfers, and burials. "Cemetery" means any land or structure in this State dedicated to and used, or intended to be used, for the interment, inurnment, or entombment of human remains. "Cemetery authority" means any individual or legal entity that owns or controls cemetery lands or property. "Cemetery manager" means an individual directly responsible or holding himself or herself directly responsible for the operation, maintenance, development, or improvement of a cemetery that is licensed under this Act or shall be licensed pursuant to Section 10-39 of this Act, irrespective of whether the individual is paid by the licensed cemetery authority or a third party. "Cemetery merchandise" means items of personal property normally sold by a cemetery authority not covered under the Illinois Funeral or Burial Funds Act, including, but not limited to: (1) memorials, (2) markers, (3) monuments, (4) foundations and installations, and (5) outer burial containers. "Cemetery operation" means to engage in any or all of the following, whether on behalf of, or in the absence of, a cemetery authority: (i) the interment, entombment, or inurnment of human remains, (ii) the sale of interment, entombment, or inurnment rights, cemetery merchandise, or cemetery services, (iii) the maintenance of interment rights ownership records, (iv) the maintenance of or reporting of interment, entombment, or inurnment records, (v) the maintenance of cemetery property, (vi) the development or improvement of cemetery grounds, or (vii) the maintenance and execution of business documents, including State and federal government reporting and the payment of taxes, for a cemetery business entity. "Cemetery Oversight Database" means a database certified by the Department as effective in tracking the interment, entombment, or inurnment of human remains. "Cemetery services" means those services customarily performed by cemetery personnel in connection with the interment, entombment, or inurnment of a dead human body. "Certificate of organization" means the document received by a cemetery association from the Secretary of State that indicates that the cemetery association shall be deemed fully organized as a body corporate under the name adopted and in its corporate name may sue and be sued. "Comptroller" means the Comptroller of the State of Illinois. "Confidential information" means unique identifiers, including a person's Social Security number, home address, home phone number, personal phone number, personal email address, personal financial information, and any other information protected by law. "Consumer" means an individual who purchases or who is considering purchasing cemetery, burial, or cremation products or services from a cemetery authority, whether for themselves or for another person. "Customer service employee" means an individual who has direct contact with consumers to explain cemetery merchandise, services, and interment rights and to execute the sale of those items to consumers, whether at the cemetery or an off-site location, irrespective of whether compensation is paid by the cemetery authority or a third party. "Department" means the Department of Financial and Professional Regulation. "Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file as maintained by the Department's licensure maintenance unit. "Employee" means an individual who works for a cemetery authority where the cemetery authority has the right to control what work is performed and the details of how the work is performed regardless of whether federal or State payroll taxes are withheld. "Entombment right" means the right to place individual human remains or individual cremated human remains in a specific mausoleum crypt or lawn crypt selected by a consumer for use as a final resting place. "Family burying ground" means a cemetery in which no lots, crypts, or niches are sold to the public and in which interments, inurnments, and entombments are restricted to the immediate family or a group of individuals related to each other by blood or marriage. "Full exemption" means an exemption granted to a cemetery authority pursuant to subsection (a) of Section 5-20. "Funeral director" means a funeral director as defined by the Funeral Directors and Embalmers Licensing Code. "Grave" means a space of ground in a cemetery used or intended to be used for burial. "Green burial or cremation disposition" means burial or cremation practices that reduce the greenhouse gas emissions, waste, and toxic chemicals ordinarily created in burial or cremation or, in the case of greenhouse gas emissions, mitigate or offset emissions. Such practices include any standards or method for burial or cremation that the Department may name by rule. "Immediate family" means the designated agent of a person or the persons given priority for the disposition of a person's remains under the Disposition of Remains Act and shall include a person's spouse, parents, grandparents, children, grandchildren and siblings. "Individual" means a natural person. "Interment right" means the right to place individual human remains or cremated human remains in a specific underground location selected by a consumer for use as a final resting place. "Inurnment right" means the right to place individual cremated human remains in a specific niche selected by the consumer for use as a final resting place. "Lawn crypt" means a permanent underground crypt installed in multiple units for the entombment of human remains. "Licensee" means a person licensed under this Act as a cemetery authority, cemetery manager, or customer service employee. Anyone who holds himself or herself out as a licensee or who is accused of unlicensed practice is considered a licensee for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act. "Mausoleum crypt" means a grouping of spaces constructed of reinforced concrete or similar material constructed or assembled above the ground for entombing remains. "Niche" means a space in a columbarium or mausoleum used, or intended to be used, for inurnment of cremated human remains. "Partial exemption" means an exemption granted to a cemetery authority pursuant to subsection (b) of Section 5-20. "Parcel identification number" means a unique number assigned by the Cemetery Oversight Database to a grave, plot, crypt, or niche that enables the Department to ascertain the precise location of a decedent's remains interred, entombed, or inurned after the effective date of this Act. "Person" means any individual, firm, partnership, association, corporation, limited liability company, trustee, government or political subdivision, or other entity. "Public cemetery" means a cemetery owned, operated, controlled, or managed by the federal government, by any state, county, city, village, incorporated town, township, multi-township, public cemetery district, or other municipal corporation, political subdivision, or instrumentality thereof authorized by law to own, operate, or manage a cemetery. "Religious burying ground" means a cemetery in which no lots, crypts, or niches are sold and in which interments, inurnments, and entombments are restricted to a group of individuals all belonging to a religious order or granted burial rights by special consideration of the religious order. "Religious cemetery" means a cemetery owned, operated, controlled, and managed by any recognized church, religious society, association, or denomination, or by any cemetery authority or any corporation administering, or through which is administered, the temporalities of any recognized church, religious society, association, or denomination. "Secretary" means the Secretary of Financial and Professional Regulation or a person authorized by the Secretary to act in the Secretary's stead. "Term burial" means a right of interment sold to a consumer in which the cemetery authority retains the right to disinter and relocate the remains, subject to the provisions of subsection (d) of Section 35-15 of this Act. "Trustee" means any person authorized to hold funds under this Act. "Unique personal identifier" means the parcel identification number in addition to the term of burial in years; the numbered level or depth in the grave, plot, crypt, or niche; and the year of death for human remains interred, entombed, or inurned after the effective date of this Act. The unique personal identifier is assigned by the Cemetery Oversight Database. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/5-16

(225 ILCS 411/5-16) (Section scheduled to be repealed on January 1, 2032) Sec. 5-16. Address of record; email address of record. All applicants and licensees shall: (1) provide a valid address and email address to the Department, which shall serve as the address of record and email address of record, respectively, at the time of application for licensure or renewal of a license; and (2) inform the Department of any change of address of record or email address of record within 14 days after such change either through the Department's website or by contacting the Department's licensure maintenance unit. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/5-20 Exemptions

(225 ILCS 411/5-20) (Section scheduled to be repealed on January 1, 2027) Sec. 5-20. Exemptions. (a) Full exemption. Except as provided in this subsection, this Act does not apply to (1) any cemetery authority operating as a family burying ground or religious burying ground, (2) any cemetery authority that has not engaged in an interment, inurnment, or entombment of human remains within the last 10 years, or (3) any cemetery authority that is less than 3 acres. For purposes of determining the applicability of this subsection, the number of interments, inurnments, and entombments shall be aggregated for each calendar year. A cemetery authority claiming a full exemption shall apply for exempt status as provided for in Section 10-20 of this Act. A cemetery authority claiming a full exemption shall be subject to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery authority that performs activities that would disqualify it from a full exemption is required to apply for licensure within one year following the date on which its activities would disqualify it for a full exemption. A cemetery authority that previously qualified for and maintained a full exemption that fails to timely apply for licensure shall be deemed to have engaged in unlicensed practice and shall be subject to discipline in accordance with Article 25 of this Act. (b) Partial exemption. If a cemetery authority does not qualify for a full exemption and (1) engages in 25 or fewer interments, inurnments, or entombments of human remains for each of the preceding 2 calendar years, (2) operates as a public cemetery, or (3) operates as a religious cemetery, then the cemetery authority is partially exempt from this Act but shall be required to comply with Sections 10-23, 10-40, 10-55, 10-60, subsections (a), (b), (b-5), (c), (d), (f), (g), and (h) of Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30, 20-35, 20-40, 25-3, and 25-120, and Article 35 of this Act. Cemetery authorities claiming a partial exemption shall apply for the partial exemption as provided in Section 10-20 of this Act. A cemetery authority that changes to a status that would disqualify it from a partial exemption is required to apply for licensure within one year following the date on which it changes its status. A cemetery authority that maintains a partial exemption that fails to timely apply for licensure shall be deemed to have engaged in unlicensed practice and shall be subject to discipline in accordance with Article 25 of this Act. (c) Nothing in this Act applies to the City of Chicago in its exercise of its powers under the O'Hare Modernization Act or limits the authority of the City of Chicago to acquire property or otherwise exercise its powers under the O'Hare Modernization Act, or requires the City of Chicago, or any person acting on behalf of the City of Chicago, to comply with the licensing, regulation, or investigation requirements of this Act in exercising its powers under the O'Hare Modernization Act. (d) A cemetery manager and customer service employee license may be in active status only during the period that such a licensee is employed by a cemetery authority that is licensed under this Act. In the event that a cemetery manager or customer service employee commences work for a cemetery granted an exemption under this Section, it shall be a duty of both the cemetery authority and the individual licensee to immediately notify the Department so that the license may be placed on inactive status. During the period that a license is in inactive status, the involved person may not hold himself or herself out as licensed. Upon returning to employment by a cemetery licensed under this Act, such a cemetery manager or customer service employee may reinstate the license to active status simply by notifying the Department and paying the applicable fee. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/5-25 Powers and duties of the Department

(225 ILCS 411/5-25) (Section scheduled to be repealed on January 1, 2032) Sec. 5-25. Powers and duties of the Department. The Department shall, subject to the provisions of this Act, exercise the following functions, powers, and duties: (1) Authorize certification programs to ascertain the qualifications and fitness of applicants for licensing as a licensed cemetery manager or as a customer service employee to ascertain whether they possess the requisite level of knowledge for such position. (2) Examine a licensed cemetery authority's records from any year or any other aspects of cemetery operation as the Department deems appropriate. (3) Investigate any and all cemetery operations. (4) Conduct hearings on proceedings to refuse to issue, renew, or restore licenses or to revoke, suspend, place on probation, or reprimand a licensee under this Act. (5) Adopt rules required for the administration of this Act. (6) Prescribe forms to be issued for the administration and enforcement of this Act. (7) (Blank). (8) Work with the Office of the Comptroller and the Department of Public Health, Division of Vital Records to exchange information and request additional information relating to a licensed cemetery authority. (9) Investigate cemetery contracts, grounds, or employee records. (10) Issue licenses to those who meet the requirements of this Act. (11) Conduct investigations related to possible violations of this Act. If the Department exercises its authority to conduct investigations under this Section, the Department shall provide the cemetery authority with information sufficient to challenge the allegation. If the complainant consents, then the Department shall provide the cemetery authority with the identity of and contact information for the complainant so as to allow the cemetery authority and the complainant to resolve the complaint directly. Except as otherwise provided in this Act, any complaint received by the Department and any information collected to investigate the complaint shall be maintained by the Department for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials or other regulatory agencies or persons that have an appropriate regulatory interest, as determined by the Secretary, or to a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, state, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/5-26 Confidentiality

(225 ILCS 411/5-26) (Section scheduled to be repealed on January 1, 2027) Sec. 5-26. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/10-5

(225 ILCS 411/10-5) (Section scheduled to be repealed on January 1, 2027) Sec. 10-5. Restrictions and limitations. No person shall, without a valid license issued by the Department, (i) hold himself or herself out in any manner to the public as a licensed cemetery authority, licensed cemetery manager, or customer service employee or (ii) attach the title "licensed cemetery authority", "licensed cemetery manager", or "licensed customer service employee" to his or her name. No person shall, without a valid license or exemption from licensure from the Department, render or offer to render services constituting the practice of cemetery operation. (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

225 ILCS 411/10-10 (Repealed)

(225 ILCS 411/10-10) Sec. 10-10. (Repealed). (Source: P.A. 96-863, eff. 3-1-10. Repealed by P.A. 97-679, eff. 2-6-12.)

225 ILCS 411/10-15

(225 ILCS 411/10-15) (Section scheduled to be repealed on January 1, 2027) Sec. 10-15. Licenses for cemetery authorities, cemetery managers, and customer service employees. The application for a cemetery authority license must be submitted to the Department within 6 months after the Department adopts rules under this Act. For cemetery managers already working for a cemetery authority at the time of cemetery authority application for licensure, the application for a cemetery manager license must be submitted at the same time as the original application for licensure as a cemetery authority. Any applicant for licensure as a cemetery manager of a cemetery authority that is already licensed under this Act or that has a pending application for licensure under this Act must submit his or her application to the Department on or before his or her first day of work. The application for a customer service employee license must be submitted to the Department within 10 days after the cemetery authority for which he or she works becomes licensed under this Act or on or before his or her first day of work for a cemetery authority that is already licensed under this Act, whichever the case may be. If the person fails to submit the application within the required period, the person shall be considered to be engaged in unlicensed practice and shall be subject to discipline in accordance with Article 25 of this Act. (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

225 ILCS 411/10-20

(225 ILCS 411/10-20) (Section scheduled to be repealed on January 1, 2027) Sec. 10-20. Application for original license or exemption. (a) Applications for original licensure as a cemetery authority, cemetery manager, or customer service employee authorized by this Act, or application for exemption from licensure as a cemetery authority, shall be made to the Department in writing on forms or electronically as prescribed by the Department, and shall be accompanied by the required fee that shall not be refundable. If a cemetery authority seeks to practice at more than one location, it shall meet all licensure requirements at each location as required by this Act and by rule, including submission of an application and fee. All applications shall contain information that, in the judgment of the Department, will enable the Department to pass on the qualifications of the applicant for a license under this Act. (b) (Blank). (c) After initial licensure, if any person comes to obtain at least 51% of the ownership over the licensed cemetery authority, then the cemetery authority shall have to apply for a new license and receive licensure in the required time as set by rule. The current license remains in effect until the Department takes action on the application for a new license. (d) (Blank). (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/10-21

(225 ILCS 411/10-21) (Section scheduled to be repealed on January 1, 2032) Sec. 10-21. Qualifications for licensure. (a) An applicant is qualified for licensure as a cemetery authority if the applicant meets all of the following qualifications: (1) The applicant has not committed any act or offense in any jurisdiction that would constitute the basis for discipline under this Act. When considering such license, the Department shall take into consideration the following: (A) the applicant's record of compliance with the Code of Professional Conduct and Ethics, and whether the applicant has been found to have engaged in any unethical or dishonest practices in the cemetery business; (B) whether the applicant has been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving unfair trade or business practices, has been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the cemetery business, or has been convicted of any felony; (C) whether the applicant has willfully violated any provision of this Act or a predecessor law or any regulations relating thereto; (D) whether the applicant has been permanently or temporarily suspended, enjoined, or barred by any court of competent jurisdiction in any state from engaging in or continuing any conduct or practice involving any aspect of the cemetery or funeral business; and (E) whether the applicant has ever had any license to practice any profession or occupation suspended, denied, fined, or otherwise acted against or disciplined by the applicable licensing authority. If the applicant is a corporation, limited liability company, partnership, or other entity permitted by law, then the Department shall determine whether each principal, owner, member, officer, and shareholder holding 25% or more of corporate stock has met the requirements of this item (1) of subsection (a) of this Section. (2) The applicant must provide a statement of its assets and liabilities to the Department. (3) The applicant has not, within the preceding 10 years, been convicted of or entered a plea of guilty or nolo contendere to (i) a Class X felony or (ii) a felony, an essential element of which was fraud or dishonesty under the laws of this State, another state, the United States, or a foreign jurisdiction that is directly related to the practice of cemetery operations. If the applicant is a corporation, limited liability company, partnership, or other entity permitted by law, then each principal, owner, member, officer, and shareholder holding 25% or more of corporate stock has not, within the preceding 10 years, been convicted of or entered a plea of guilty or nolo contendere to (i) a Class X felony or (ii) a felony, an essential element of which was fraud or dishonesty under the laws of this State, another state, the United States, or a foreign jurisdiction that is directly related to the practice of cemetery operations. (4) The applicant shall authorize the Department to conduct a criminal background check that does not involve fingerprinting. (5) In the case of a person or entity applying for renewal of his, her, or its license, the applicant has complied with all other requirements of this Act and the rules adopted for the implementation of this Act. (b) A person is qualified for licensure as a cemetery manager or customer service employee if he or she meets all of the following requirements: (1) Is at least 18 years of age. (2) Has acted in an ethical manner as set forth in Section 10-23 of this Act. In determining qualifications of licensure, the Department shall take into consideration the factors outlined in item (1) of subsection (a) of this Section. (3) Submits proof of successful completion of a high school education or its equivalent as established by rule. (4) The applicant shall authorize the Department to conduct a criminal background check that does not involve fingerprinting. (5) Has not committed a violation of this Act or any rules adopted under this Act that, in the opinion of the Department, renders the applicant unqualified to be a cemetery manager. (6) Submits proof of successful completion of a certification course recognized by the Department for a cemetery manager or customer service employee, whichever the case may be. (7) Has not, within the preceding 10 years, been convicted of or entered a plea of guilty or nolo contendere to (i) a Class X felony or (ii) a felony, an essential element of which was fraud or dishonesty under the laws of this State, another state, the United States, or a foreign jurisdiction that is directly related to the practice of cemetery operations. (8) (Blank). (9) In the case of a person applying for renewal of his or her license, has complied with all other requirements of this Act and the rules adopted for implementation of this Act. (c) Each applicant for a cemetery authority, cemetery manager, or customer service employee license shall authorize the Department to conduct a criminal background check that does not involve fingerprinting. The Department must, in turn, conduct the criminal background check on each applicant. The Department shall adopt rules to implement this subsection (c), but in no event shall the Department impose a fee upon the applicant for the background check. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/10-22 (Repealed)

(225 ILCS 411/10-22) Sec. 10-22. (Repealed). (Source: P.A. 96-863, eff. 3-1-10. Repealed by P.A. 97-679, eff. 2-6-12.)

225 ILCS 411/10-23 Code of Professional Conduct and Ethics

(225 ILCS 411/10-23) (Section scheduled to be repealed on January 1, 2032) Sec. 10-23. Code of Professional Conduct and Ethics. Licensed cemetery authorities and their licensed cemetery managers and customer service employees, and cemetery authorities maintaining a partial exemption and their cemetery managers and customer service employees shall: (a) refrain from committing any action that may violate Section 25-10 of this Act; (b) be aware of applicable federal and State laws and regulations, adhere to those laws and regulations, and be able to explain them to families in an understandable manner; (c) treat all human remains with proper care and dignity, honoring known religious, ethnic, and personal beliefs; (d) protect all confidential information; (e) carry out all aspects of service in a competent and respectful manner; (f) fulfill all written and verbal agreements and contracts; (g) provide honest, factual, and complete information regarding all aspects of the services offered and provided; (h) not engage in advertising that is false, misleading, or otherwise prohibited by law; (i) not discriminate against any person because of race, creed, marital status, sex, national origin, sexual orientation, or color, except a religious cemetery may restrict its services to those of the same religious faith or creed. A cemetery authority operating any cemetery may designate parts of cemeteries or burial grounds for the specific use of persons whose religious code requires isolation; (j) to have clear and specific cemetery rules and regulations, subject to other applicable law, including this Act, and to apply them equally to all consumers and individuals served; (k) report all violations of this Act and this Section to the Department. (Source: P.A. 103-421, eff. 1-1-24.)

225 ILCS 411/10-25 Certification

(225 ILCS 411/10-25) (Section scheduled to be repealed on January 1, 2027) Sec. 10-25. Certification. (a) The Department shall authorize certification programs for cemetery manager and customer service employee applicants. The certification programs must consist of education and training in cemetery ethics, cemetery law, and cemetery practices. Cemetery ethics shall include, without limitation, the Code of Professional Conduct and Ethics as set forth in Section 10-23 of this Act. Cemetery law shall include, without limitation, the Cemetery Oversight Act, the Cemetery Care Act, the Disposition of Remains Act, and the Cemetery Protection Act. Cemetery practices shall include, without limitation, treating the dead and their family members with dignity and respect. The certification program shall include an examination administered by the entity providing the certification. (a-5) An entity seeking to offer a certification program to cemetery manager applicants and customer service employee applicants must receive approval of its program from the Department in a manner and form prescribed by the Department by rule. As part of this process, the entity must submit to the Department the examination it offers or intends to offer as part of its certification program. (a-10) A cemetery manager applicant or customer service employee applicant may choose any entity that has been approved by the Department from which to obtain certification. (b) Cemetery manager applicants and customer service employee applicants shall pay the fee for the certification program directly to the entity offering the program. (c) If the cemetery manager applicant or customer service employee applicant neglects, fails, or refuses to become certified within one year after filing an application, then the application shall be denied. However, the applicant may thereafter submit a new application accompanied by the required fee. The applicant shall meet the requirements in force at the time of making the new application. (d) A cemetery manager applicant or customer service employee applicant who has completed a certification program offered by an entity that has not received the Department's approval as required by this Section has not met the qualifications for licensure as set forth in Section 10-21 of this Act. (e) The Department may approve any certification program that is conducted by a death care trade association in Illinois that has been in existence for more than 5 years that, in the determination of the Department, provides adequate education and training in cemetery law, cemetery ethics, and cemetery practices and administers an examination covering the same. (f) The Department may, without a hearing, summarily withdraw its approval of a certification program that, in the judgment of the Department, fails to meet the requirements of this Act or the rules adopted under this Act. A certification program that has had its approval withdrawn by the Department may reapply for approval, but shall provide such additional information as may be required by the Department, including, but not limited to, evidence to the Department's satisfaction that the program is in compliance with this Act and the rules adopted under this Act. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/10-30

(225 ILCS 411/10-30) (Section scheduled to be repealed on January 1, 2027) Sec. 10-30. Continuing education. The Department shall adopt rules for continuing education of cemetery managers and customer service employees. The continuing education programs may consist of education and training in cemetery ethics, cemetery law, and cemetery practices as defined in Section 10-25 of this Act. An entity seeking to offer a continuing education program to cemetery managers and customer service employees must receive approval of its program from the Department in a manner and form prescribed by the Department by rule. Cemetery managers shall be required to complete 6 hours of continuing education during each renewal cycle. Customer service employees shall be required to complete 3 hours of continuing education during each renewal cycle. (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

225 ILCS 411/10-39

(225 ILCS 411/10-39) (Section scheduled to be repealed on January 1, 2027) Sec. 10-39. Cemetery manager and customer service employee; display of certification and license; grace periods. The cemetery manager and customer service employee must conspicuously display the certification and the license after it is received at the cemetery authority's place of business. Any person applying for original licensure as a cemetery manager without the required certification from a program approved by the Department shall have a reasonable period of time, not to exceed one year from the date of his or her original application, but not any second or subsequent application, to complete the program. In the interim, the cemetery manager without certification may manage the cemetery if he or she (1) has submitted an application for licensure and (2) has received training from another person, as verified by an appropriate form approved by the Department, who has received the required certification from a program recognized by the Department. Any person applying for original licensure as a customer service employee without the required certification from a program approved by the Department shall have a reasonable period of time, not to exceed one year from the date of his or her original application, but not any second or subsequent application, to complete the program. In the interim, the customer service employee without certification may engage in the work of a customer service employee if he or she (1) has submitted an application for licensure and (2) has received training from another person, as verified by an appropriate form approved by the Department, who has received certification from a program recognized by the Department. (Source: P.A. 97-679, eff. 2-6-12.)

225 ILCS 411/10-40

(225 ILCS 411/10-40) (Section scheduled to be repealed on January 1, 2027) Sec. 10-40. Renewal, reinstatement, or restoration of license. (a) The expiration date and renewal period for each license issued under this Act shall be set by rule. The holder of a license may renew such license during the month preceding the expiration date thereof by paying the required fee. (b) A licensee under this Act who has permitted his or her license to expire or has had his or her license placed on inactive status may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness of having his or her license restored, including, but not limited to, sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department, and by paying the required fee as determined by rule. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/10-45

(225 ILCS 411/10-45) (Section scheduled to be repealed on January 1, 2032) Sec. 10-45. Transfer or sale, preservation of license. (a) (Blank). (b) In the event of a sale or transfer of all or substantially all of the assets of the cemetery authority, the sale or transfer of the controlling interest of the corporate stock of the cemetery authority, if the cemetery authority is a corporation, or the sale or transfer of the controlling interest of the partnership, if the cemetery authority is a partnership, or the sale or transfer of the controlling membership, if the cemetery authority is a limited liability company, the cemetery authority shall, at least 30 days prior to the sale or transfer, notify the Department, in writing, of the pending date of sale or transfer. The sale or transfer may not be completed by the cemetery authority unless and until: (1) (Blank). (2) (Blank). (3) the Department issues a new cemetery authority license upon application of the newly controlled corporation or partnership, which license must be applied for at least 30 days prior to the anticipated date of the sale or transfer. (c) In the event of a sale or transfer of any cemetery land, including any portion of cemetery land in which no human remains have been interred, a licensee shall, at least 45 days prior to the sale or transfer, notify the Department, in writing, of the pending sale or transfer. With the notification, the cemetery authority shall submit information to the Department, which may include a copy of a portion of the cemetery map showing the land to be sold or transferred, to enable the Department to determine whether any human remains are interred, inurned, or entombed within the land to be sold or transferred and whether consumers have rights of interment, inurnment, or entombment within the land to be sold or transferred. (d) For purposes of this Section, a person who acquires the cemetery through a real estate foreclosure shall be subject to the provisions of this Section pertaining to the purchaser, including licensure. (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

225 ILCS 411/10-50 Dissolution

(225 ILCS 411/10-50) (Section scheduled to be repealed on January 1, 2027) Sec. 10-50. Dissolution. Where any licensed cemetery authority or any trustee thereof seeks dissolution in any manner, by resolution of such cemetery authority, or the trustees thereof, notice shall be given to the Department of such intention to dissolve. The Department, represented by the Attorney General, may apply to the circuit court for the appointment of a receiver or for directions of such court as to the proper continued operation of the cemetery. (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

225 ILCS 411/10-55 Fees

(225 ILCS 411/10-55) (Section scheduled to be repealed on January 1, 2027) Sec. 10-55. Fees. (a) Except as provided in this Section, the fees for the administration and enforcement of this Act shall be set by the Department by rule. The fees shall not be refundable. (b) Cemetery manager applicants and customer service employee applicants shall pay any certification program or continuing education program fee directly to the entity offering the program. (c) The Department may waive fees based upon hardship. (d) Nothing shall prohibit a cemetery authority from paying, on behalf of its cemetery managers or customer service employees, their application, renewal, or restoration fees. (e) All fees and other moneys collected under this Act shall be deposited in the Cemetery Oversight Licensing and Disciplinary Fund. (f) The fee for application as a cemetery authority seeking a full exemption is $0. (g) The fee to renew registration as a fully exempt cemetery authority is $0. (h) The fee for application as a cemetery authority seeking a partial exemption is $150. (i) The fee to renew registration as a partially exempt cemetery authority is $150. (j) The fee for original licensure, renewal, and restoration as a cemetery authority not seeking a full or partial exemption is $75. (k) The fee for original licensure, renewal, and restoration as a cemetery manager is $25. (l) The fee for original licensure, renewal, and restoration as a customer service employee is $25. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/10-60

(225 ILCS 411/10-60) (Section scheduled to be repealed on January 1, 2027) Sec. 10-60. Returned checks; fines. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a non-renewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application, without hearing. If, after termination or denial, the person seeks a license, then he or she shall apply to the Department for restoration or issuance of the license and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license to pay all expenses of processing this application. The Secretary may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unreasonable or unnecessarily burdensome. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/20-5

(225 ILCS 411/20-5) (Section scheduled to be repealed on January 1, 2032) Sec. 20-5. Maintenance and records. (a) A cemetery authority shall provide reasonable maintenance of the cemetery property and of all lots, graves, crypts, and columbariums in the cemetery based on the type and size of the cemetery, topographic limitations, and contractual commitments with consumers. Subject to the provisions of this subsection (a), reasonable maintenance includes: (1) the laying of seed, sod, or other suitable ground cover as soon as practical following an interment given the weather conditions, climate, and season and the interment's proximity to ongoing burial activity; (2) the cutting of lawn throughout the cemetery at reasonable intervals to prevent an overgrowth of grass and weeds given the weather conditions, climate, and season; (3) the trimming of shrubs to prevent excessive overgrowth; (4) the trimming of trees to remove dead limbs; (5) maintaining, repairing, or removing, if necessary, drains, water lines, roads, buildings, fences, and other structures; and (6) keeping the cemetery premises free of trash and debris. In determining whether a cemetery authority provides reasonable maintenance of the cemetery property, the Department shall consider: (1) the cemetery authority's contractual obligations for care and maintenance; (2) the size of the cemetery; (3) the extent and use of the cemetery authority's financial resources; (4) the standard of maintenance of one or more similarly situated cemeteries; in determining whether a cemetery is similarly situated, the Department shall consider the cemetery's size, location, topography, and financial resources, and whether the cemetery is a fraternal cemetery, a religious cemetery, a public cemetery, a cemetery owned and operated by a cemetery association, or a licensed cemetery. Reasonable maintenance by the cemetery authority shall not preclude the exercise of lawful rights by the owner of an interment, inurnment, or entombment right, or by the decedent's immediate family or other heirs, in accordance with reasonable rules and regulations of the cemetery or other agreement of the cemetery authority. In the case of a cemetery dedicated as a nature preserve under the Illinois Natural Areas Preservation Act, reasonable maintenance by the cemetery authority shall be in accordance with the rules and master plan governing the dedicated nature preserve. A cemetery authority accused of violating the reasonable maintenance standard set forth in this Section shall have a reasonable opportunity to cure the violation. The cemetery authority shall have 10 business days after receipt of notice to cure the violation. If a cemetery authority cannot cure the violation within 10 business days, then the cemetery authority may request a time extension in order to cure the violation. The request for an extension shall be made in writing to the Department and must be postmarked within 10 business days after receipt of the notice of the alleged violation. The request shall outline all reasons for the extension and an estimated date by which the cure will be accomplished. Acceptable reasons include, without limitation, delays caused by weather conditions, season or climate, equipment failures, or acquisitions of materials or supplies being addressed by the authority in a timely manner, and unexpected temporary absences of personnel. The Department may approve or deny the extension. If the extension is denied, then the cemetery authority must cure the violation within 10 business days after the date of receipt of the Department's extension denial. If the extension is granted, then the cemetery authority must cure the violation within the extended period of time. A cemetery authority that does not cure the violation within the appropriate period of time shall be subject to discipline in accordance with Article 25 of this Act. (b) A cemetery authority, before commencing cemetery operations or within 6 months after the effective date of this Act, shall cause an overall map of its cemetery property, delineating all lots or plots, blocks, sections, avenues, walks, alleys, and paths and their respective designations, to be filed at its on-site office, or if it does not maintain an on-site office, at its principal place of business. The cemetery authority shall update its map and index described in subsection (b-5) within a reasonable time after any expansion or alteration of the cemetery property. A cemetery manager's certificate acknowledging, accepting, and adopting the map shall also be included with the map. The Department may order that the cemetery authority obtain a cemetery plat and that it be filed at its on-site office, or if it does not maintain an on-site office, at its principal place of business if (1) a human body that should have been interred, entombed, or inurned at the cemetery after the effective date of this amendatory Act of the 97th General Assembly is missing, displaced, or dismembered and (2) the cemetery map contains serious discrepancies. In exercising this discretion, the Department shall consider whether the cemetery authority would experience an undue hardship as a result of obtaining the plat. The cemetery plat, as with all plats prepared under this Act, shall comply with the Illinois Professional Land Surveyor Act of 1989 and shall delineate, describe, and set forth all lots or plots, blocks, sections, avenues, walks, alleys, and paths and their respective designations. A cemetery manager's certificate acknowledging, accepting, and adopting the plat shall also be included with the plat. (b-5) A cemetery authority shall maintain an index that associates the identity of deceased persons interred, entombed, or inurned after the effective date of this Act with their respective place of interment, entombment, or inurnment. (c) The cemetery authority shall open the cemetery map or plat to public inspection. The cemetery authority shall make available a copy of the overall cemetery map or plat upon written request and shall, if practical, provide a copy of a segment of the cemetery plat where interment rights are located upon the payment of reasonable photocopy fees. Any unsold lots, plots, or parts thereof, in which there are not human remains, may be resurveyed and altered in shape or size and properly designated on the cemetery map or plat. However, sold lots, plots, or parts thereof in which there are human remains may not be renumbered or renamed. Nothing contained in this subsection, however, shall prevent the cemetery authority from enlarging an interment right by selling to its owner the excess space next to the interment right and permitting interments therein, provided reasonable access to the interment right and to adjoining interment rights is not thereby eliminated. (d) A cemetery authority shall keep a record of every interment, entombment, and inurnment completed after the effective date of this Act. The record shall include the deceased's name, age, date of burial, and the specific location of the interred, entombed, or inurned human remains. The specific location shall correspond to the map or plat maintained in accordance with subsection (b) of this Section. (e) (Blank). (f) A cemetery authority shall make publicly available a copy of its rules and regulations through continuous publication on an Internet website or social media page, with a reference to and notice of the rules and regulations for services in relation to the cemetery. A cemetery authority that does not operate or maintain a website or social media page shall provide an electronic or paper copy of its rules and regulations upon request of any person within 5 days of the person's request. A cemetery authority may charge a reasonable copying fee for a paper copy of the cemetery authority's rules and regulations. A cemetery authority shall make available for viewing and provide a copy of its current prices of interment, inurnment, entombment rights, or disinterment services. (g) A cemetery authority shall provide access to the cemetery under the cemetery authority's reasonable rules and regulations. (h) A cemetery authority shall be responsible for the proper opening and closing of all graves, crypts, or niches for human remains in any cemetery property it owns. (i) A licensed cemetery authority shall keep in this State and use in its business such records as will enable the Department to determine whether such licensee or trustee is complying with the provisions of this Act and with the rules, regulations, and directions made by the Department under this Act. The licensed cemetery authority shall keep the records in electronic or written format at the location identified in the license issued by the Department or as otherwise agreed by the Department in writing. The books, accounts, and records shall be accessible for review upon demand of the Department. (Source: P.A. 103-421, eff. 1-1-24.)

225 ILCS 411/20-6 Cemetery Oversight Database

(225 ILCS 411/20-6) (Section scheduled to be repealed on January 1, 2032) Sec. 20-6. Cemetery Oversight Database. (a) Within 10 business days after an interment, entombment, or inurnment of human remains, the cemetery manager shall cause a record of the interment, entombment, or inurnment to be entered into the Cemetery Oversight Database. The requirement of this subsection (a) also applies in any instance in which human remains are relocated. (b) Within 9 months after the effective date of this Act, the Department shall certify a database as the Cemetery Oversight Database. Upon certifying the database, the Department shall: (1) provide reasonable notice to cemetery authorities identifying the database; and (2) immediately upon certification, require each cemetery authority to use the Cemetery Oversight Database as a means of complying with subsection (a). (c) In certifying the Cemetery Oversight Database, the Department shall ensure that the database: (1) provides real-time access through an Internet connection or, if real-time access through an Internet connection becomes unavailable due to technical problems with the Cemetery Oversight Database incurred by the database provider or if obtaining use of an Internet connection would be an undue hardship on the cemetery authority, through alternative mechanisms, including, but not limited to, telephone; (2) is accessible to the Department and to cemetery managers in order to ensure compliance with this Act and in order to provide any other information that the Department deems necessary; (3) requires cemetery authorities to input whatever information required by the Department; (4) maintains a real-time copy of the required reporting information that is available to the Department at all times and is the property of the Department; and (5) contains safeguards to ensure that all information contained in the Cemetery Oversight Database is secure. (d) A cemetery authority may rely on the information contained in the Cemetery Oversight Database as accurate and is not subject to any administrative penalty or liability as a result of relying on inaccurate information contained in the database. (e) The Cemetery Oversight Database provider shall indemnify cemetery authorities against all claims and actions arising from illegal, willful, or wanton acts on the part of the Database provider. The Cemetery Oversight Database provider shall at all times maintain an electronic backup copy of the information it receives pursuant to subsection (a). (f) In the event the provider of the database imposes a fee for entries into the database, the fee shall be paid directly by the Department to the provider, and the fee may not be imposed upon cemetery authorities making entries into the database. However, the provider need not refund any entry fees paid by cemetery authorities prior to the effective date of this amendatory Act of the 97th General Assembly. (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

225 ILCS 411/20-8

(225 ILCS 411/20-8) (Section scheduled to be repealed on January 1, 2027) Sec. 20-8. Vehicle traffic control. A cemetery authority shall use its reasonable best efforts to ensure that funeral processions entering and exiting the cemetery grounds do not obstruct traffic on any street for a period in excess of 10 minutes, except where such funeral procession is continuously moving or cannot be moved by reason of circumstances over which the cemetery authority has no reasonable control. The cemetery authority shall use its reasonable best efforts to help prevent multiple funeral processions from arriving at the cemetery simultaneously. Notwithstanding any provision of this Act to the contrary, a cemetery authority that violates the provisions of this Section shall be guilty of a business offense and punishable by a fine of not more than $500 for each offense. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/20-10 Contract

(225 ILCS 411/20-10) (Section scheduled to be repealed on January 1, 2027) Sec. 20-10. Contract. (a) At the time cemetery arrangements are made and prior to rendering the cemetery services, a cemetery authority shall create a completed written contract to be provided to the consumer, signed by both parties by their actual written signatures on either paper or electronic form, that shall contain: (i) the date on which the arrangements were made; (ii) the price of the service selected and the services and merchandise included for that price; (iii) the supplemental items of service and merchandise requested and the price of each item; (iv) the terms or method of payment agreed upon; and (v) a statement as to any monetary advances made on behalf of the family. The cemetery authority shall maintain a copy of such written contract in its permanent records. (b) Any retail installment contract for the purchase of interment, entombment, or inurnment rights shall contain a clearly worded notice in 12-point type, bold, underlined, and capital letters, that rights to a deeded interest do not vest until final payment and that upon an uncured default, including when a contract is rolled into a new open-balance retail installment contract, with additional interment, entombment, or inurnment rights or additional cemetery merchandise or services, there will be no deeded interest. (Source: P.A. 102-20, eff. 6-25-21; 103-206, eff. 1-1-24.)

225 ILCS 411/20-11 (Repealed)

(225 ILCS 411/20-11) Sec. 20-11. (Repealed). (Source: P.A. 96-863, eff. 3-1-10. Repealed by P.A. 97-679, eff. 2-6-12.)

225 ILCS 411/20-12

(225 ILCS 411/20-12) (Section scheduled to be repealed on January 1, 2027) Sec. 20-12. Method of payment; receipt. No cemetery authority shall require payment for any goods, services, or easement by cash only. Each cemetery authority subject to this Section shall permit payment by at least one other option, including, but not limited to, personal check, cashier's check, money order, or credit or debit card. In addition to the contract for the sale of cemetery goods, services, or easements, the cemetery authority shall provide a receipt to the consumer upon payment in part or full, whatever the case may be. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/20-15

(225 ILCS 411/20-15) (Section scheduled to be repealed on January 1, 2027) Sec. 20-15. Interment or inurnment in cemetery. No cemetery authority shall interfere with a licensed funeral director or his or her designated agent observing the final burial or disposition of a body for which the funeral director has a contract for services related to that deceased individual. No funeral director or his or her designated agent shall interfere with a licensed cemetery authority or its designated agent's rendering of burial or other disposition services for a body for which the cemetery authority has a contract for goods, services, or property related to that deceased individual. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/20-20

(225 ILCS 411/20-20) (Section scheduled to be repealed on January 1, 2027) Sec. 20-20. Display of license. Every cemetery authority, cemetery manager, and customer service employee license issued by the Department shall state the number of the license and the address at which the business is to be conducted. Such license shall be kept conspicuously posted in the place of business of the licensee and shall not be transferable or assignable. Nothing in this Act shall prevent an individual from acting as a licensed cemetery manager or customer service employee for more than one cemetery. A cemetery manager or customer service employee who works at more than one cemetery shall display an original version of his or her license at each location for which the individual serves as a cemetery manager or customer service employee. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/20-25 (Repealed)

(225 ILCS 411/20-25) Sec. 20-25. (Repealed). (Source: P.A. 96-863, eff. 3-1-10. Repealed by P.A. 97-679, eff. 2-6-12.)

225 ILCS 411/20-30 Signage

(225 ILCS 411/20-30) (Section scheduled to be repealed on January 1, 2027) Sec. 20-30. Signage. The Department shall create, and each cemetery authority shall conspicuously post signs in English and Spanish in each cemetery office that contain the Department's consumer hotline number, information on how to file a complaint, and whatever other information that the Department deems appropriate. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/20-35

(225 ILCS 411/20-35) (Section scheduled to be repealed on January 1, 2027) Sec. 20-35. Stacking; burial or interment of an unknown individual or unknown body part. (a) The stacking of caskets underground of any individual is limited to no more than 3 caskets in one grave space with the exception of an arrangement made pursuant to a lawful contract with a consumer that complies with the requirements of Section 20-10 of this Act. (b) Burials and interments of unknown individuals or unknown body parts must be entered into the Cemetery Oversight Database as provided in Section 20-6 of this Act. (Source: P.A. 97-679, eff. 2-6-12.)

225 ILCS 411/20-40

(225 ILCS 411/20-40) (Section scheduled to be repealed on January 1, 2027) Sec. 20-40. Burial of multiple persons. A cemetery authority shall not knowingly bury human remains from multiple persons, known or unknown, in the same casket or grave space with the exception of (1) human remains that are placed in individual containers, (2) a mass casualty event, either natural or man-made, or (3) an arrangement made pursuant to a lawful contract with a consumer that complies with the requirements of Section 20-10 of this Act. (Source: P.A. 97-679, eff. 2-6-12.)

225 ILCS 411/25-1 (Repealed)

(225 ILCS 411/25-1) Sec. 25-1. (Repealed). (Source: P.A. 96-863, eff. 3-1-10. Repealed by P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-3 Exemption

(225 ILCS 411/25-3) (Section scheduled to be repealed on January 1, 2032) Sec. 25-3. Exemption. All cemetery authorities maintaining a partial exemption must submit to the following investigation procedure by the Department in the event of a consumer complaint: (a) Complaints to cemetery: (1) the cemetery authority shall make every effort to first resolve a consumer complaint; and (2) if the complaint is not resolved, then the cemetery authority shall advise the consumer of his or her right to file a complaint with the Department. (b) Complaints to the Department: (1) if the Department receives a complaint, the Department shall make an initial determination as to whether the complaint has a reasonable basis and pertains to this Act; (2) if the Department determines that the complaint has a reasonable basis and pertains to this Act, it shall inform the cemetery authority of the complaint and give it 30 days to tender a response; (3) upon receiving the cemetery authority's response, or after the 30 days provided in subsection (2) of this subsection, whichever comes first, the Department shall attempt to resolve the complaint telephonically with the parties involved; (4) if the complaint still is not resolved, then the Department shall conduct an investigation as provided for by rule; (5) if the Department conducts an on-site investigation with the parties, then it may charge the cemetery authority a single investigation fee, which fee shall be set by rule and shall be calculated on an hourly basis; and (6) if all attempts to resolve the consumer complaint as provided for in paragraphs (1) through (5) fail, then the cemetery authority may be subject to proceedings for penalties and discipline under this Article when it is determined by the Department that the cemetery authority may have engaged in any of the following: (i) gross malpractice; (ii) dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public; (iii) gross, willful, or continued overcharging for services; (iv) incompetence; (v) unjustified failure to honor its contracts; or (vi) failure to adequately maintain its premises. The Department may issue a citation or institute disciplinary action and cause the matter to be prosecuted and may thereafter issue and enforce its final order as provided in this Act. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-5 Citations

(225 ILCS 411/25-5) (Section scheduled to be repealed on January 1, 2027) Sec. 25-5. Citations. (a) The Department may adopt rules to permit the issuance of citations for non-frivolous complaints. The citation shall be issued to the licensee and shall contain the licensee's name and address, the licensee's license number, a brief factual statement, the Sections of the law allegedly violated, and the penalty imposed. The citation must clearly state that the licensee may choose, in lieu of accepting the citation, to request a hearing. If the licensee does not dispute the matter in the citation with the Department within 30 days after the citation is served, then the citation shall become a final order and shall constitute discipline. The penalty shall be a fine or other conditions as established by rule. (b) The Department shall adopt rules designating violations for which a citation may be issued. Such rules shall designate as citation violations those violations for which there is no substantial threat to the public health, safety, and welfare. Citations shall not be utilized if there was any significant consumer harm resulting from the violation. (c) A citation must be issued within 6 months after the reporting of a violation that is the basis for the citation. (d) Service of a citation may be made by personal service, regular mail, or email to the licensee at the licensee's address of record. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-10

(225 ILCS 411/25-10) (Section scheduled to be repealed on January 1, 2032) Sec. 25-10. Grounds for disciplinary action. (a) The Department may refuse to issue or renew a license or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department may deem appropriate, including fines not to exceed $10,000 for each violation, with regard to any license under this Act, for any one or combination of the following: (1) Material misstatement in furnishing information to the Department. (2) Violations of this Act, except for Section 20-8. (3) Conviction of or entry of a plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or sentencing, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation under the law of any jurisdiction of the United States that is (i) a Class X felony or (ii) a felony, an essential element of which is fraud or dishonesty that is directly related to the practice of cemetery operations. (4) Fraud or any misrepresentation in applying for or procuring a license under this Act or in connection with applying for renewal. (5) Incompetence or misconduct in the practice of cemetery operations. (6) Gross malpractice. (7) Aiding or assisting another person in violating any provision of this Act or rules adopted under this Act. (8) Failing, within 10 business days, to provide information in response to a written request made by the Department. (9) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public. (10) Habitual or excessive use or abuse of drugs defined in law as controlled substances, alcohol, narcotics, stimulants, or any other substances that results in the inability to practice pursuant to the provisions of this Act with reasonable judgment, skill, or safety while acting under the provisions of this Act. (11) Discipline by another state, territory, foreign country, the District of Columbia, the United States government, or any other government agency, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act. (12) Directly or indirectly giving to or receiving from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for professional services not actually or personally rendered. (13) A finding by the Department that the licensee, after having his or her license placed on probationary status, has violated the terms of probation or failed to comply with such terms. (14) Willfully making or filing false records or reports in his or her practice, including, but not limited to, false records filed with any governmental agency or department. (15) Inability to practice the profession with reasonable judgment, skill, or safety as a result of physical illness, including, but not limited to, loss of motor skill, mental illness, or disability. (16) Failure to comply with an order, decision, or finding of the Department made pursuant to this Act. (17) Directly or indirectly receiving compensation for any professional services not actually performed. (18) Practicing under a false or, except as provided by law, an assumed name. (19) Using or attempting to use an expired, inactive, suspended, or revoked license or impersonating another licensee. (20) A finding by the Department that an applicant or licensee has failed to pay a fine imposed by the Department. (21) Unjustified failure to honor its contracts. (22) Negligent supervision of a cemetery manager, customer service employee, employee, or independent contractor. (23) (Blank). (24) (Blank). (25) (Blank). (b) No action may be taken under this Act against a person licensed under this Act for an occurrence or alleged occurrence that predates the enactment of this Act. (c) In enforcing this Section, the Department, upon a showing of a possible violation, may order a licensee or applicant to submit to a mental or physical examination, or both, at the expense of the Department. The Department may order the examining physician to present testimony concerning his or her examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Department. The licensee or applicant may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination. Failure of a licensee or applicant to submit to any such examination when directed, without reasonable cause, shall be grounds for either immediate suspension of his or her license or immediate denial of his or her application. (1) If the Secretary immediately suspends the license of a licensee for his or her failure to submit to a mental or physical examination when directed, a hearing must be convened by the Department within 15 days after the suspension and completed without appreciable delay. (2) If the Secretary otherwise suspends a license pursuant to the results of the licensee's mental or physical examination, a hearing must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department shall have the authority to review the licensee's record of treatment and counseling regarding the relevant impairment or impairments to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records. (3) Any licensee suspended under this subsection shall be afforded an opportunity to demonstrate to the Department that he or she can resume practice in compliance with the acceptable and prevailing standards under the provisions of his or her license. (d) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission, as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. Such suspension may end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the filing of a petition for restoration demonstrating fitness to practice. (e) In cases where the Department of Healthcare and Family Services has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department shall refuse to issue or renew or shall revoke or suspend that person's license or shall take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services under paragraph (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (f) The Department shall refuse to issue or renew or shall revoke or suspend a person's license or shall take other disciplinary action against that person for his or her failure to file a return, to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest as required by any tax Act administered by the Department of Revenue, until the requirements of the tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (Source: P.A. 102-20, eff. 6-25-21; 102-687, eff. 12-17-21.)

225 ILCS 411/25-13 (Repealed)

(225 ILCS 411/25-13) Sec. 25-13. (Repealed). (Source: P.A. 96-863, eff. 3-1-10. Repealed by P.A. 97-679, eff. 2-6-12.)

225 ILCS 411/25-14

(225 ILCS 411/25-14) (Section scheduled to be repealed on January 1, 2027) Sec. 25-14. Mandatory reports. (a) If a cemetery authority receives a consumer complaint that is not resolved to the satisfaction of the consumer within 60 days of the complaint, the cemetery authority shall advise the consumer of the right to seek investigation by the Department and may direct the consumer to the sign posted in its office as required by Section 20-30 of this Act. Cemetery authorities shall report to the Department within 30 days after the settlement of or final judgment in any cause of action that alleges negligence, fraud, theft, misrepresentation, misappropriation, or breach of contract. (b) The State's Attorney of each county shall report to the Department all instances in which an individual licensed as a cemetery manager or customer service employee, or any individual listed on a licensed cemetery authority's application under this Act, is convicted or otherwise found guilty of the commission of any felony. The report shall be submitted to the Department within 60 days after conviction or finding of guilty. (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

225 ILCS 411/25-14.5

(225 ILCS 411/25-14.5) (Section scheduled to be repealed on January 1, 2027) Sec. 25-14.5. Comptroller report. The Comptroller shall annually provide a report to the Department with the total amount of trust funds reported by a cemetery authority licensed under the Cemetery Care Act, the Illinois Pre-Need Cemetery Sales Act, or the Illinois Funeral or Burial Funds Act and provide other information about a cemetery authority upon the request of the Department. Additionally, the Comptroller shall report to the Department any adverse action taken against a cemetery authority under the Cemetery Care Act, the Illinois Pre-Need Cemetery Sales Act, or the Illinois Funeral or Burial Funds Act. (Source: P.A. 97-679, eff. 2-6-12.)

225 ILCS 411/25-15

(225 ILCS 411/25-15) (Section scheduled to be repealed on January 1, 2027) Sec. 25-15. Injunction; cease and desist order. (a) If any person or entity violates a provision of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, petition for an order enjoining such violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in such court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation. If it is established that such person or entity has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section are in addition to, and not in lieu of, all other remedies and penalties provided by this Act. (b) Whenever in the opinion of the Department any person or entity violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against them. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-25

(225 ILCS 411/25-25) (Section scheduled to be repealed on January 1, 2027) Sec. 25-25. Investigations, notice, hearings. (a) The Department may investigate the actions of any applicant or of any person or entity holding or claiming to hold a license under this Act. (b) The Department shall, before disciplining an applicant or licensee, at least 30 days prior to the date set for the hearing: (i) notify, in writing, the accused of the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written answer to the charges under oath within 20 days after service of the notice, and (iii) inform the applicant or licensee that failure to file an answer will result in a default being entered against the applicant or licensee. (c) Written or electronic notice, and any notice in the subsequent proceedings, may be served by personal delivery, by email, or by mail to the applicant or licensee at his or her address of record or email address of record. (d) At the time and place fixed in the notice, the hearing officer appointed by the Secretary shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any statement, testimony, evidence, and argument as may be pertinent to the charges or to their defense. The hearing officer may continue the hearing from time to time. (e) In case the licensee or applicant, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Secretary, be suspended, revoked, or placed on probationary status, or be subject to whatever disciplinary action the Secretary considers proper, including limiting the scope, nature, or extent of the person's practice or imposition of a fine, without hearing, if the act or acts charged constitute sufficient grounds for the action under this Act. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-26

(225 ILCS 411/25-26) (Section scheduled to be repealed on January 1, 2027) Sec. 25-26. Hearing officer. Notwithstanding any provision of this Act, the Secretary has the authority to appoint an attorney licensed to practice law in the State of Illinois to serve as the hearing officer in any action for refusal to issue or renew a license or discipline a license. The hearing officer shall have full authority to conduct the hearing. The hearing officer shall report his or her findings of fact, conclusions of law, and recommendations to the Secretary. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-30

(225 ILCS 411/25-30) (Section scheduled to be repealed on January 1, 2027) Sec. 25-30. Hearing; motion for rehearing. (a) The hearing officer appointed by the Secretary shall hear evidence in support of the formal charges and evidence produced by the licensee. At the conclusion of the hearing, the hearing officer shall present to the Secretary a written report of his or her findings of fact, conclusions of law, and recommendations. (b) At the conclusion of the hearing, a copy of the hearing officer's report shall be served upon the applicant or licensee, either personally or as provided in this Act for the service of the notice of hearing. Within 20 calendar days after such service, the applicant or licensee may present to the Department a motion, in writing, for a rehearing which shall specify the particular grounds for rehearing. The Department may respond to the motion for rehearing within 20 calendar days after its service on the Department. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or upon denial of a motion for rehearing, the Secretary may enter an order in accordance with the recommendations of the hearing officer. If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20 calendar day period within which a motion may be filed shall commence upon delivery of the transcript to the applicant or licensee. (c) If the Secretary disagrees in any regard with the report of the hearing officer, the Secretary may issue an order contrary to the report. (d) Whenever the Secretary is not satisfied that substantial justice has been done, the Secretary may order a hearing by the same or another hearing officer. (e) At any point in any investigation or disciplinary proceeding provided for in this Act, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of the Secretary. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-35

(225 ILCS 411/25-35) (Section scheduled to be repealed on January 1, 2027) Sec. 25-35. Record of proceedings. (a) The Department, at its expense, shall provide a certified shorthand reporter to take down the testimony and preserve a record of all proceedings at the hearing of any case in which a licensee may be revoked, suspended, placed on probationary status, reprimanded, fined, or subjected to other disciplinary action with reference to the license when a disciplinary action is authorized under this Act and rules. The notice of hearing, complaint, and all other documents in the nature of pleadings and written portions filed in the proceedings, the transcript of the testimony, the report of the hearing officer, and the orders of the Department shall be the record of the proceedings. The record may be made available to any person interested in the hearing upon payment of the fee required by Section 2105-115 of the Department of Professional Regulation Law. (b) The Department may contract for court reporting services, and, if it does so, the Department shall provide the name and contact information for the certified shorthand reporter who transcribed the testimony at a hearing to any person interested, who may obtain a copy of the transcript of any proceedings at a hearing upon payment of the fee specified by the certified shorthand reporter. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-40

(225 ILCS 411/25-40) (Section scheduled to be repealed on January 1, 2027) Sec. 25-40. Subpoenas; depositions; oaths. (a) The Department has the power to subpoena documents, books, records, or other materials and to bring before it any individual and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed in civil cases in the courts of this State. (b) The Secretary and the designated hearing officer have the power to administer oaths to witnesses at any hearing that the Department is authorized to conduct and any other oaths authorized in any Act administered by the Department. (c) Every individual having taken an oath or affirmation in any proceeding or matter wherein an oath is required by this Act, who shall swear willfully, corruptly, and falsely in a matter material to the issue or point in question, or shall suborn any other individual to swear as aforesaid, shall be guilty of perjury or subornation of perjury, as the case may be and shall be punished as provided by State law relative to perjury and subornation of perjury. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/25-45

(225 ILCS 411/25-45) (Section scheduled to be repealed on January 1, 2027) Sec. 25-45. Compelling testimony. Any circuit court, upon application of the Department or designated hearing officer may enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books, and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/25-50 (Repealed)

(225 ILCS 411/25-50) Sec. 25-50. (Repealed). (Source: P.A. 96-863, eff. 3-1-10. Repealed by P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-55 (Repealed)

(225 ILCS 411/25-55) Sec. 25-55. (Repealed). (Source: P.A. 96-863, eff. 3-1-10. Repealed by P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-60 (Repealed)

(225 ILCS 411/25-60) Sec. 25-60. (Repealed). (Source: P.A. 96-863, eff. 3-1-10. Repealed by P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-65

(225 ILCS 411/25-65) (Section scheduled to be repealed on January 1, 2027) Sec. 25-65. Order or certified copy; prima facie proof. An order or certified copy thereof, over the seal of the Department and purporting to be signed by the Secretary, is prima facie proof that: (1) the signature is the genuine signature of the Secretary; (2) the Secretary is duly appointed and qualified; and (3) the hearing officer is qualified to act. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/25-70 Receivership

(225 ILCS 411/25-70) (Section scheduled to be repealed on January 1, 2032) Sec. 25-70. Receivership. In the event a cemetery authority license is suspended or revoked or where an unlicensed person has conducted activities requiring cemetery authority licensure under this Act, the Department, through the Attorney General, may petition the circuit courts of this State for appointment of a receiver to operate the cemetery. (a) The court shall appoint a receiver if the court determines that a receivership is necessary or advisable: (1) to ensure the orderly and proper conduct of a licensee's professional business and affairs during or in the aftermath of the administrative proceeding to revoke or suspend the cemetery authority's license; (2) for the protection of the public's interest and rights in the business, premises, or activities of the person sought to be placed in receivership; (3) upon a showing of actual or constructive abandonment of premises or business licensed or which was not but should have been licensed under this Act; (4) upon a showing of serious and repeated violations of this Act demonstrating an inability or unwillingness of a licensee to comply with the requirements of this Act; (5) to prevent loss, wasting, dissipation, theft, or conversion of assets that should be marshaled and held available for the honoring of obligations under this Act; or (6) upon proof of other grounds that the court deems good and sufficient for instituting receivership action concerning the respondent sought to be placed in receivership. (b) A receivership under this Section may be temporary, or for the winding up and dissolution of the business, as the Department may request and the court determines to be necessary or advisable in the circumstances. Venue of receivership proceedings may be, at the Department's election, in Cook County or the county where the subject of the receivership is located. The appointed receiver shall be the Department or such person as the Department may nominate and the court shall approve. (c) The Department may adopt rules for the implementation of this Section. (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

225 ILCS 411/25-75 Cemetery Relief Fund

(225 ILCS 411/25-75) (Section scheduled to be repealed on January 1, 2027) Sec. 25-75. Cemetery Relief Fund. (a) A special income-earning fund is hereby created in the State treasury, known as the Cemetery Relief Fund. (b) Beginning on July 1, 2011, and occurring on an annual basis every year thereafter, three percent of the moneys in the Cemetery Oversight Licensing and Disciplinary Fund shall be transferred into the Cemetery Relief Fund. (c) All monies transferred into the fund together with all accumulated undistributed income thereon shall be held as a special fund in the State treasury. The fund shall be used solely for the purpose of providing grants to units of local government and not-for-profit organizations, including, but not limited to, not-for-profit cemetery authorities, to clean up cemeteries that have been abandoned, neglected, or are otherwise in need of additional care. (d) The grant program shall be administered by the Department. (e) In the event there is a structural surplus in the Cemetery Oversight Licensing and Disciplinary Fund, the Department may expend moneys out of the Cemetery Oversight Licensing and Disciplinary Fund for the purposes described in subsection (c) of this Section. (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12; 97-1130, eff. 8-28-12.)

225 ILCS 411/25-80

(225 ILCS 411/25-80) (Section scheduled to be repealed on January 1, 2027) Sec. 25-80. Surrender of license. Upon the revocation or suspension of a license under this Act, the licensee shall immediately surrender his or her license to the Department. If the licensee fails to do so, the Department has the right to seize the license. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/25-85

(225 ILCS 411/25-85) (Section scheduled to be repealed on January 1, 2027) Sec. 25-85. Inactive status. (a) Any licensed manager or customer service employee who notifies the Department in writing on forms prescribed by the Department as determined by rule, may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status. Any licensed manager or licensed customer service employee requesting restoration from inactive status shall pay the current renewal fee and meet requirements as provided by rule. Any licensee whose license is in inactive status shall not practice in the State of Illinois. (b) A cemetery authority license may only go on inactive status by following the provisions for dissolution set forth in Section 10-50 or transfer in Section 10-45. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/25-90

(225 ILCS 411/25-90) (Section scheduled to be repealed on January 1, 2027) Sec. 25-90. Restoration of license from discipline. (a) At any time after the successful completion of a term of indefinite probation, suspension, or revocation of a license under this Act, the Department may restore the license to the licensee, unless after an investigation and a hearing the Secretary determines that restoration is not in the public interest. (b) Where circumstances of suspension or revocation so indicate, the Department may require an examination of the licensee prior to restoring his or her license. (c) No person whose license has been revoked as authorized in this Act may apply for restoration of that license until such time as provided for in the Civil Administrative Code of Illinois. (d) A license that has been suspended or revoked shall be considered non-renewed for purposes of restoration and a licensee restoring his or her license from suspension or revocation must comply with the requirements for restoration as set forth in Section 10-40. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-95

(225 ILCS 411/25-95) (Section scheduled to be repealed on January 1, 2027) Sec. 25-95. Administrative review; venue. (a) All final administrative decisions of the Department are subject to judicial review under the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. (b) Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, but if the party is not a resident of Illinois, the venue shall be in Sangamon County. (c) The Department shall not be required to certify any record to the court or file any answer in court, or to otherwise appear in any court in a judicial review proceeding, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. (d) Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-100 (Repealed)

(225 ILCS 411/25-100) Sec. 25-100. (Repealed). (Source: P.A. 96-863, eff. 3-1-10. Repealed by P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-105

(225 ILCS 411/25-105) (Section scheduled to be repealed on January 1, 2027) Sec. 25-105. Unlicensed practice; violations; civil penalty. (a) Any person who practices, offers to practice, attempts to practice, or hold himself or herself out as a cemetery manager or customer service employee as provided in this Act without being licensed or exempt under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense, as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provision set forth in this Act regarding the provision of a hearing for the discipline of a licensee. (b) The Department may investigate any actual, alleged, or suspected unlicensed activity. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. (d) A person or entity not licensed under this Act who has violated any provision of this Act or its rules is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for a second and subsequent offenses. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-110 (Repealed)

(225 ILCS 411/25-110) Sec. 25-110. (Repealed). (Source: P.A. 97-679, eff. 2-6-12. Repealed by P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-115 Illinois Administrative Procedure Act; application

(225 ILCS 411/25-115) (Section scheduled to be repealed on January 1, 2027) Sec. 25-115. Illinois Administrative Procedure Act; application. The Illinois Administrative Procedure Act is expressly adopted and incorporated in this Act as if all of the provisions of that Act were included in this Act, except that the provision of paragraph (d) of Section 10-65 of the Illinois Administrative Procedure Act, which provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention or continuation or renewal of the license, is specifically excluded. The Department shall not be required to annually verify email addresses as specified in paragraph (a) of subsection (2) of Section 10-75 of the Illinois Administrative Procedure Act. For the purpose of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is considered sufficient when mailed to the address of record or emailed to the email address of record. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-120 (Repealed)

(225 ILCS 411/25-120) Sec. 25-120. (Repealed). (Source: P.A. 97-679, eff. 2-6-12. Repealed by P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/25-125 (Repealed)

(225 ILCS 411/25-125) Sec. 25-125. (Repealed). (Source: P.A. 97-679, eff. 2-6-12. Repealed by P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/35-5 Penalties

(225 ILCS 411/35-5) (Section scheduled to be repealed on January 1, 2027) Sec. 35-5. Penalties. Cemetery authorities shall respect the rights of consumers of cemetery products and services as put forth in this Article. Failure to abide by the cemetery duties listed in this Article or to comply with a request by a consumer based on a consumer's privileges under this Article may activate the disciplinary processes in Article 25 of this Act. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/35-10

(225 ILCS 411/35-10) (Section scheduled to be repealed on January 1, 2027) Sec. 35-10. Consumer privileges. (a) The record required under this Section shall be open to public inspection consistent with State and federal law. The cemetery authority shall make available, consistent with State and federal law, a true copy of the record upon written request and payment of reasonable copy costs. At the time of the interment, entombment, or inurnment, the cemetery authority shall provide the record of the deceased's name and date of burial to the person who would have authority to dispose of the decedent's remains under the Disposition of Remains Act. (b) Consumers have the right to purchase merchandise or services directly from the cemetery authority when available or through a third-party vendor of the consumer's choice without incurring a penalty or additional charge by the cemetery authority; provided, however, that consumers do not have the right to purchase types of merchandise that would violate applicable law or the cemetery authority's rules and regulations. (c) Consumers have the right to complain to the cemetery authority or to the Department regarding cemetery-related products and services as well as issues with customer service, maintenance, or other cemetery activities. Complaints may be brought by a consumer or the consumer's agent appointed for that purpose. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/35-15

(225 ILCS 411/35-15) (Section scheduled to be repealed on January 1, 2027) Sec. 35-15. Cemetery duties. (a) Prices for all cemetery-related products offered for sale by the cemetery authority must be disclosed to the consumer in writing on a standardized price list. Memorialization pricing may be disclosed in price ranges. The price list shall include the effective dates of the prices. The price list shall include not only the range of interment, inurnment, and entombment rights, and the cost of extending the term of any term burial, but also any related merchandise or services offered by the cemetery authority. Charges for installation of markers, monuments, and vaults in cemeteries must be the same without regard to where the item is purchased. (b) A contract for the interment, inurnment, or entombment of human remains must be signed by both parties: the consumer and the cemetery authority or its representative. Such signature shall be personally signed by the signor on either paper or electronic format and shall not include a stamp or electronic facsimile of the signature. Before a contract is signed, the prices for the purchased services and merchandise must be disclosed on the contract and in plain language. If a contract is for a term burial, the term, the option to extend the term, and the subsequent disposition of the human remains post-term must be in bold print and discussed with the consumer. Any contract for the sale of a burial plot, when designated, must disclose the exact location of the burial plot based on the survey of the cemetery map or plat on file with the cemetery authority. (c) A cemetery authority that has the legal right to extend a term burial shall, prior to disinterment, provide the family or other authorized agent under the Disposition of Remains Act the opportunity to extend the term of a term burial for the cost as stated on the cemetery authority's current price list. Regardless of whether the family or other authorized agent chooses to extend the term burial, the cemetery authority shall, prior to disinterment, provide notice to the family or other authorized agent under the Disposition of Remains Act of the cemetery authority's intention to disinter the remains and to inter different human remains in that space. (d) If any rules or regulations, including the operational or maintenance requirements, of a cemetery change after the date a contract is signed for the purchase of cemetery-related or funeral-related products or services, the cemetery may not require the consumer, purchaser, or such individual's relative or representative to purchase any merchandise or service not included in the original contract or in the rules and regulations in existence when the contract was entered unless the purchase is reasonable or required to make the cemetery authority compliant with applicable law. (e) No cemetery authority or its agent may engage in deceptive or unfair practices. The cemetery authority and its agents may not misrepresent legal or cemetery requirements. (f) The Department may adopt rules regarding green burial certification, green cremation products and methods, and consumer education. (g) The contractual requirements contained in this Section only apply to contracts executed after the effective date of this Act. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/75-5

(225 ILCS 411/75-5) (Section scheduled to be repealed on January 1, 2027) Sec. 75-5. Conflict of interest. No investigator may hold an active license issued pursuant to this Act, nor may an investigator have a financial interest in a business licensed under this Act. Any individual licensed under this Act who is employed by the Department shall surrender his or her license to the Department for the duration of that employment. The licensee shall be exempt from all renewal fees while employed. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/75-15 Civil Administrative Code

(225 ILCS 411/75-15) (Section scheduled to be repealed on January 1, 2027) Sec. 75-15. Civil Administrative Code. The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois and shall exercise all other powers and duties set forth in this Act. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/75-20 (Repealed)

(225 ILCS 411/75-20) Sec. 75-20. (Repealed). (Source: P.A. 96-863, eff. 3-1-10. Repealed by P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/75-25

(225 ILCS 411/75-25) (Section scheduled to be repealed on January 1, 2027) Sec. 75-25. Home rule. The regulation and licensing as provided for in this Act are exclusive powers and functions of the State. A home rule unit may not regulate or license cemetery authorities, cemetery managers, customer service employees, cemetery workers, or any activities relating to the operation of a cemetery. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/75-35 (Repealed)

(225 ILCS 411/75-35) Sec. 75-35. (Repealed). (Source: P.A. 96-863, eff. 3-1-10. Repealed by P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/75-45 Fees

(225 ILCS 411/75-45) (Section scheduled to be repealed on January 1, 2027) Sec. 75-45. Fees. The Department shall by rule provide for fees for the administration and enforcement of this Act, and those fees are nonrefundable. All of the fees, fines, and all other moneys collected under this Act and fees collected on behalf of the Department under subsection (1) of Section 25 of the Vital Records Act shall be deposited into the Cemetery Oversight Licensing and Disciplinary Fund and be appropriated to the Department for the ordinary and contingent expenses of the Department in the administration and enforcement of this Act. (Source: P.A. 102-20, eff. 6-25-21.)

225 ILCS 411/75-50

(225 ILCS 411/75-50) (Section scheduled to be repealed on January 1, 2027) Sec. 75-50. Burial permits. Notwithstanding any law to the contrary, every burial permit shall contain information regarding the location of the interment, entombment, or inurnment of the deceased that would enable the Department to determine the precise location of the decedent. (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

225 ILCS 411/75-55 Transition

(225 ILCS 411/75-55) (Section scheduled to be repealed on January 1, 2027) Sec. 75-55. Transition. (a) (Blank). (b) (Blank). (c) All cemeteries not maintaining a full exemption or partial exemption shall pay a one-time fee to the Department, due no later than December 15, 2010, equal to $20 plus an additional charge of $1 for each burial performed within the cemetery during calendar year 2009. (d) All fees collected under this Section prior to the effective date of this amendatory Act of the 97th General Assembly shall not be refunded. (e) (Blank). (f) (Blank). (g) (Blank). (Source: P.A. 96-863, eff. 3-1-10; 97-593, eff. 8-26-11; 97-679, eff. 2-6-12.)

225 ILCS 411/90-1

(225 ILCS 411/90-1) Sec. 90-1. (Amendatory provisions; text omitted). (Source: P.A. 96-863, eff. 3-1-10; text omitted.)

225 ILCS 411/90-3

(225 ILCS 411/90-3) Sec. 90-3. (Amendatory provisions; text omitted). (Source: P.A. 96-863, eff. 3-1-10; text omitted.)

225 ILCS 411/90-5

(225 ILCS 411/90-5) Sec. 90-5. (Amendatory provisions; text omitted). (Source: P.A. 96-863, eff. 3-1-10; text omitted.)

225 ILCS 411/90-10

(225 ILCS 411/90-10) Sec. 90-10. (Amendatory provisions; text omitted). (Source: P.A. 96-863, eff. 3-1-10; text omitted.)

225 ILCS 411/90-25

(225 ILCS 411/90-25) Sec. 90-25. (Amendatory provisions; text omitted). (Source: P.A. 96-863, eff. 3-1-12; text omitted.)

225 ILCS 411/90-30

(225 ILCS 411/90-30) Sec. 90-30. (Amendatory provisions; text omitted). (Source: P.A. 96-863, eff. 3-1-10; text omitted.)

225 ILCS 411/90-33

(225 ILCS 411/90-33) Sec. 90-33. (Amendatory provisions; text omitted). (Source: P.A. 96-863, eff. 1-19-10; text omitted.)

225 ILCS 411/90-35

(225 ILCS 411/90-35) Sec. 90-35. (Amendatory provisions; text omitted). (Source: P.A. 96-863, eff. 3-1-10; text omitted.)

225 ILCS 411/90-40

(225 ILCS 411/90-40) Sec. 90-40. (Amendatory provisions; text omitted). (Source: P.A. 96-863, eff. 3-1-10; text omitted.)

225 ILCS 411/90-45

(225 ILCS 411/90-45) Sec. 90-45. (Amendatory provisions; text omitted). (Source: P.A. 96-863, eff. 3-1-10; text omitted.)

225 ILCS 411/90-50

(225 ILCS 411/90-50) Sec. 90-50. (Amendatory provisions; text omitted). (Source: P.A. 96-863, eff. 3-1-10; text omitted.)

225 ILCS 411/90-57

(225 ILCS 411/90-57) Sec. 90-57. (Amendatory provisions; text omitted). (Source: P.A. 96-863, eff. 1-19-10; text omitted.)

225 ILCS 411/90-60

(225 ILCS 411/90-60) Sec. 90-60. (Amendatory provisions; text omitted). (Source: P.A. 96-863, eff. 3-1-10; text omitted.)

225 ILCS 411/90-90 (Repealed)

(225 ILCS 411/90-90) Sec. 90-90. (Repealed). (Source: P.A. 96-863, eff. 3-1-12. Repealed by P.A. 97-679, eff. 2-6-12.)

225 ILCS 411/90-92 The Cemetery Association Act is amended by repealing Sections 16, 16.5, 17, 18, 19, and 20

(225 ILCS 411/90-92) Sec. 90-92. The Cemetery Association Act is amended by repealing Sections 16, 16.5, 17, 18, 19, and 20. (Source: P.A. 96-863, eff. 1-19-10.)

225 ILCS 411/90-95 (Repealed)

(225 ILCS 411/90-95) Sec. 90-95. (Repealed). (Source: P.A. 96-863, eff. 3-1-12. Repealed by P.A. 97-679, eff. 2-6-12.)

225 ILCS 411/900-5 Severability

(225 ILCS 411/900-5) (Section scheduled to be repealed on January 1, 2027) Sec. 900-5. Severability. This Act is declared to be severable, and should any word, phrase, sentence, provision or Section hereof be hereafter declared unconstitutional or otherwise invalid, the remainder of this Act shall not thereby be affected, but shall remain valid and in full force and effect for all intents and purposes. (Source: P.A. 96-863, eff. 3-1-10.)

225 ILCS 411/999-5

(225 ILCS 411/999-5) (Section scheduled to be repealed on January 1, 2027) Sec. 999-5. Effective date. This Act takes effect March 1, 2010, except that Sections 90-25, 90-90, and 90-95 take effect March 1, 2012 and Sections 90-33, 90-57, 90-92, and 999-5 take effect upon becoming law. (Source: P.A. 96-863, eff. 1-19-10.)

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.ilga.gov/legislation/ilcs/ilcs.aspFetched: 10/17/2026