815 ILCS 318/ Companion Animal Cremation Act.

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815 ILCS 318/1

(815 ILCS 318/1)

Sec. 1.

Short title.

This Act may be cited as the Companion Animal Cremation Act.

(Source: P.A. 92-287, eff. 1-1-02.)

815 ILCS 318/5

(815 ILCS 318/5)

Sec. 5.

Definitions.

For the purposes of this Act, unless the context
indicates otherwise:

"Companion animal" or "animal" means a deceased animal that had a companion
or pet relationship with an owner at the time of the animal's death.

"Provider of companion animal cremation services" or "provider" means
a person, company, or other entity engaging in the business of cremating
deceased companion animals in Illinois.

"Cremation remains" means the material remaining after the cremation of an
animal, which may include ashes, skeletal remains, and other residue resulting
from the incineration process, and may be pulverized or otherwise processed by
the provider of cremation services.

"Individually partitioned cremation" means a cremation process in which
either (i) only one companion animal at a time is cremated in the incinerator
or (ii) more than one companion animal is cremated in the incinerator at the
same time, but each of the animals is completely separated from the others
by partitions during the cremation process; and in which the commingling of
significant amounts of cremation remains from different animals is unlikely
to occur.

"Communal cremation" means a cremation process in which companion animals
are cremated together without effective partitions or separation during the
cremation process, and in which the commingling of significant amounts of
cremation remains from different animals is likely or certain to occur.

"Commingling of significant amounts of cremation remains from different
animals" means that specific cremation remains cannot be attributed to a
particular animal, or that the cremation remains attributed to one companion
animal contain more than 1% by weight of cremation remains from one or more
other companion animals.  The presence, in the cremation remains of a companion
animal, of the remains of any creature that was contained within the body of
that animal at the time of cremation (including parasites, insects, and food or
creatures eaten by that companion animal) does not constitute "commingling"
for the purposes of this Act.

A person or business entity is deemed to refer animal owners or bring
business to a provider "on a regular basis" if the person or entity (i) has an
ongoing contractual or agency relationship with the provider relating to the
cremation of companion animals, (ii) receives any compensation or consideration
from the provider or animal owners relating to the cremation of companion
animals by the provider, or (iii) refers or brings to the provider the business
of more than 5 animal owners in an average month.

(Source: P.A. 92-287, eff. 1-1-02.)

815 ILCS 318/10

(815 ILCS 318/10)

Sec. 10.

Written explanation of services.

(a) A provider of companion animal cremation services must prepare a written
explanation of the services offered, which may but need not be in the form
of a brochure.

The written explanation of services must include a detailed explanation of
each service offered.  For each type or level of cremation service offered,
the written explanation of services shall disclose the specific services to
be provided.

If any part of the deceased companion animal will be removed, used, or
sold by the provider before or after the cremation, the written explanation
of services must disclose that fact.

(b) The written explanation of services must not include any false or
misleading information.  A written explanation of services is misleading if:

(1) it fails to include a detailed explanation of the

cremation services offered or fails to include, for each type or level of cremation service offered, any of the disclosures required under subsection (a);

(2) it uses the term "private" or "individual" with

respect to any communal cremation procedure or with respect to an individually partitioned cremation procedure that will cremate more than one companion animal at the same time;

(3) it uses the term "individually partitioned" or

"separate" with respect to a communal cremation process; or

(4) it includes any text, picture, illustration, or

combination thereof, or uses any layout, typography, or color scheme, in a way that is likely to lead a person of normal intelligence to misunderstand the nature of the services to be provided or to fail to read or understand certain parts of the written explanation of services.

(c) A provider of companion animal cremation services shall provide the
written explanation of services, without charge:

(1) to the owner of each deceased animal with whom

the provider agrees to provide cremation services, or the person making cremation arrangements on the owner's behalf;

(2) to all veterinarians, pet shops, and other

persons or entities known to the provider who refer animal owners or bring deceased animals to the provider on a regular basis, in quantities sufficient for distribution by those persons or entities to the animal owners whose business is being referred or brought to the provider;

(3) to the Office of the Attorney General, at least

annually; and

(4) to any other person upon request.

(d) The preparation or distribution by a provider of a written explanation
of services that the provider knows or should know to be false or misleading
constitutes a business offense, punishable by a fine of at least $1,001 but
not more than $1,500 for a first offense and at least $2,000 but not more than
$2,500 for each subsequent offense.

A knowing failure to prepare or distribute a written explanation of services
as required by this Section constitutes a business offense, punishable by a
fine of at least $1,001 but not more than $1,500 for a first offense and at
least $2,000 but not more than $2,500 for each subsequent offense.

(Source: P.A. 92-287, eff. 1-1-02.)

815 ILCS 318/15

(815 ILCS 318/15)

Sec. 15.

Persons referring or bringing business to a provider.

(a) A veterinarian, pet shop, or other person or business entity that
refers owners of deceased animals, or persons making arrangements on an
owner's behalf, to a provider on a regular basis shall make available a copy
of the provider's written explanation of services to the animal owner, or
person making arrangements on the owner's behalf, at the time of the referral.

(b) A veterinarian, pet shop, or other person or business entity that
accepts deceased companion animals for cremation through services obtained
from a provider on a regular basis shall make available a copy of the
provider's written explanation of services to each animal owner, or person
making arrangements on the owner's behalf, from whom a deceased companion
animal is accepted.

(c) It is sufficient for compliance with this Section that a copy of the
written explanation of services is given to the animal owner, or the person
making arrangements on the owner's behalf, at the time the services are
offered.

(d) Publishing or otherwise disseminating advertising for a provider
of companion animal cremation services does not, in itself, constitute
referring or bringing business to that provider for the purposes of this
Section.

(Source: P.A. 92-287, eff. 1-1-02.)

815 ILCS 318/20

(815 ILCS 318/20)

Sec. 20.

Certification; penalty for false certification.

(a) Whenever a provider of companion animal cremation services undertakes
to provide services that include the return of the cremation remains of the
cremated animal, the provider shall include a certification along with the
returned cremation remains, declaring to the best of the provider's knowledge
and belief that, except as otherwise specifically indicated in the certificate,
the cremation and any other services specified were provided in accordance
with the representations of the provider in the applicable portions of the
provider's written explanation of services.

(b) To knowingly make a false certification under subsection (a) is a
business offense, punishable by a fine of at least $1,001 but not more than
$1,500 for a first offense and at least $2,000 but not more than $2,500 for
each subsequent offense.

(Source: P.A. 92-287, eff. 1-1-02.)

815 ILCS 318/95

(815 ILCS 318/95)

Sec. 95.

(Amendatory provisions; text omitted).

(Source: P.A. 92-287, eff. 1-1-02; text omitted.)