Chapter 815 — BUSINESS TRANSACTIONS

(815 ILCS 385/0.01) (from Ch. 121 1/2, par. 349) Sec. 0.01. Short title. This Act may be cited as the Ophthalmic Advertising Act. (Source: P.A. 90-655, eff. 7-30-98.)

(815 ILCS 385/1) (from Ch. 121 1/2, par. 349.1) Sec. 1. Legislative purpose.) It is declared to be in the interest of public health, safety and protection to require advertisers of ophthalmic materials to tell the whole truth to the general public, their reading, viewing and list…

(815 ILCS 385/2) (from Ch. 121 1/2, par. 349.2) Sec. 2. It shall be unlawful for an optometrist, optician, manufacturer of ophthalmic lenses, frames, eyeglasses, spectacles, contact lenses, or any other optical devices or materials, or parts thereof, or any other person to publis…

(815 ILCS 385/3) (from Ch. 121 1/2, par. 349.3) Sec. 3. It shall be unlawful for an optometrist, optician, manufacturer of ophthalmic lenses, frames, eyeglasses, spectacles, contact lenses, or any other optical devices or materials, or parts thereof or any other person to publish…

(815 ILCS 385/4) (from Ch. 121 1/2, par. 349.4) Sec. 4. Application of Act.) Nothing in this Act shall be construed to apply to non-prescription optical products such as, but not limited to, binoculars, magnifying glasses, telescopes and microscopes. (Source: P.A. 81-1065.)

(815 ILCS 385/5) (from Ch. 121 1/2, par. 349.5) Sec. 5. Additional or Alternative Remedy.) The provisions of this Act shall not be construed to repeal any law of Illinois on fraudulent advertising but shall be construed as an additional or alternative remedy where prosecution is …

(815 ILCS 385/6) (from Ch. 121 1/2, par. 349.6) Sec. 6. Injunction. Any circuit court of this State shall have jurisdiction to restrain and enjoin the violation of any of the provisions of this Act. (Source: P.A. 83-345.)

(815 ILCS 385/7) (from Ch. 121 1/2, par. 349.7) Sec. 7. Sentence.) (a) Any optometrist who is convicted of a violation of this Act is guilty of a Business Offense and shall be fined not less than $5000, and in addition thereto shall be subject to a revocation of his license as su…

(815 ILCS 385/8) (from Ch. 121 1/2, par. 349.8) Sec. 8. Enforcement. The duty to institute actions for violations of this Act, including proceedings to restrain and enjoin such violations, is hereby vested in the Attorney General. The Attorney General may prosecute business offen…

(815 ILCS 390/1) (from Ch. 21, par. 201) Sec. 1. Purpose. It is the purpose of this Act to assure adequate protection for those who contract through pre-need contracts for the purchase of certain cemetery merchandise and cemetery services and undeveloped interment, entombment or …

(815 ILCS 390/10) (from Ch. 21, par. 210) Sec. 10. Any circuit court may, upon application of the Comptroller or of the applicant or licensee against whom proceedings under Section 9 are pending, enter an order requiring witnesses to attend and testify, and requiring the producti…

(815 ILCS 390/11) (from Ch. 21, par. 211) Sec. 11. Any person affected by a final administrative decision of the Comptroller may have such decision reviewed judicially by the circuit court of the county where such person resides, or in the case of a corporation, where the registe…

(815 ILCS 390/12) (from Ch. 21, par. 212) Sec. 12. License revocation or suspension. (a) The Comptroller may, upon determination that grounds exist for the revocation or suspension of a license issued under this Act, revoke or suspend, if appropriate, the license issued to a lice…

(815 ILCS 390/13) (from Ch. 21, par. 213) Sec. 13. A licensee may surrender any license by delivering to the Comptroller written notice that he thereby surrenders such license but such surrender shall not affect such licensee's civil or criminal liability for acts committed prior…

(815 ILCS 390/14) (from Ch. 21, par. 214) Sec. 14. Contract required. (a) It is unlawful for any person doing business within this State to accept sales proceeds, either directly or indirectly, by any means unless the seller enters into a pre-need sales contract with the purchase…

(815 ILCS 390/15) (from Ch. 21, par. 215) Sec. 15. (a) Whenever a seller receives anything of value under a pre-need sales contract, the person receiving such value shall deposit 50% of all proceeds received into one or more trust funds maintained pursuant to this Section, except…

(815 ILCS 390/16) (from Ch. 21, par. 216) Sec. 16. Trust funds; disbursements. (a) A trustee shall make no disbursements from the trust fund except as provided in this Act. (b) A trustee has a duty to invest and manage the trust assets pursuant to the Illinois Prudent Investor La…

(815 ILCS 390/16.5) Sec. 16.5. Licensee bankruptcy. In the event of a licensee's bankruptcy, insolvency, or assignment for the benefit of creditors, or in the event of the bankruptcy, insolvency, or assignment for the benefit of creditors of any person, partnership, association, …

(815 ILCS 390/17) (from Ch. 21, par. 217) Sec. 17. The principal and undistributed income of the trust created pursuant to Section 15 of this Act shall be paid to the seller if: (1) the seller certifies by sworn affidavit to the trustee that the purchaser or the beneficiary named…

(815 ILCS 390/18) (from Ch. 21, par. 218) Sec. 18. (a) If for any reason a seller who has engaged in pre-need sales has refused, cannot or does not comply with the terms of the pre-need sales contract within a reasonable time after he is required to do so, the purchaser or his he…

(815 ILCS 390/18.5) Sec. 18.5. Presumptively abandoned trust funds. (a) After final payment on a pre-need contract, the entire amount held in trust attributable to undelivered cemetery merchandise and unperformed cemetery services, including undistributed interest earned thereon,…

(815 ILCS 390/19) (from Ch. 21, par. 219) Sec. 19. Construction or development of spaces. (a) The construction or development of undeveloped interment, entombment or inurnment spaces shall be commenced on that phase, section or sections of undeveloped ground or section of lawn cr…

(815 ILCS 390/2) (from Ch. 21, par. 202) Sec. 2. This Act applies to all persons, except religious, municipal, State and federal cemeteries, that offer for sale or sell cemetery merchandise, cemetery services, or undeveloped interment, entombment or inurnment spaces on a pre-need…

(815 ILCS 390/20) (from Ch. 21, par. 220) Sec. 20. Records. (a) Each licensee must keep accurate accounts, books and records in this State at the principal place of business identified in the licensee's license application or as otherwise approved by the Comptroller in writing of…

(815 ILCS 390/21) (from Ch. 21, par. 221) Sec. 21. Audits. (a) The Comptroller may audit the records of any licensee with respect to the trust funds created or pre-construction performance bonds obtained pursuant to this Act as they pertain to the deposits to and withdrawals from…

(815 ILCS 390/22) (from Ch. 21, par. 222) Sec. 22. Cemetery Consumer Protection Fund. (a) Every seller engaging in pre-need sales shall pay to the Comptroller $5 for each said contract entered into, to be paid into a special income earning fund hereby created in the State Treasur…

(815 ILCS 390/23) (from Ch. 21, par. 223) Sec. 23. (a) Any person who fails to deposit the required amount into a trust provided for in this Act, improperly withdraws or uses trust funds for his or her own benefit, or otherwise violates any provision of this Act is guilty of a Cl…

(815 ILCS 390/24) (from Ch. 21, par. 224) Sec. 24. The Comptroller may adopt, amend or repeal such rules, not inconsistent with the law, as may be necessary to enable him to administer and enforce the provisions of this Act. All such action shall be taken according to the provisi…

(815 ILCS 390/25) (from Ch. 21, par. 225) Sec. 25. Any provision of any contract which purports to waive any provision of this Act shall be null and void. (Source: P.A. 84-239.)

(815 ILCS 390/26) (from Ch. 21, par. 226) Sec. 26. (a) No person shall encumber or mortgage cemetery property, unless the mortgage or other encumbrance documents contain the following clause: "The mortgagee expressly agrees that there shall be released from the lien of this mortg…

(815 ILCS 390/27) (from Ch. 21, par. 227) Sec. 27. (a) The provisions of this Act shall not apply to any pre-need sale that was executed prior to the effective date of this Act. Any seller, with the written approval of the purchaser, shall have the option to become subject to thi…

(815 ILCS 390/27.1) Sec. 27.1. Sales; liability of purchaser for shortage. In the event of a sale or transfer of all or substantially all of the assets of the licensee, the sale or transfer of the controlling interest of the corporate stock of the licensee if the licensee is a co…

(815 ILCS 390/3) (from Ch. 21, par. 203) Sec. 3. Short title. This Act may be cited as the Illinois Pre-Need Cemetery Sales Act. (Source: P.A. 90-47, eff. 1-1-98.)

(815 ILCS 390/4) (from Ch. 21, par. 204) Sec. 4. Definitions. As used in this Act, the following terms shall have the meaning specified: (A) "Pre-need sales contract" or "Pre-need sales" means any agreement or contract or series or combination of agreements or contracts which hav…

(815 ILCS 390/5) (from Ch. 21, par. 205) Sec. 5. It is unlawful for any seller directly or indirectly doing business within this State to engage in pre-need sales without a license issued by the Comptroller. (Source: P.A. 92-419, eff. 1-1-02.)

(815 ILCS 390/6) (from Ch. 21, par. 206) Sec. 6. License application. (a) An application for a license shall be made in writing to the Comptroller on forms prescribed by him or her, signed by the applicant under oath verified by a notary public, and accompanied by a non-returnabl…

(815 ILCS 390/7) (from Ch. 21, par. 207) Sec. 7. The Comptroller may refuse to issue or may suspend or revoke a license on any of the following grounds: (a) The applicant or licensee has made any misrepresentations or false statements or concealed any material fact; (b) The appli…

(815 ILCS 390/8) (from Ch. 21, par. 208) Sec. 8. (a) Every license issued by the Comptroller shall state the number of the license, the business name and address of the licensee's principal place of business, each branch location also operating under the license, and the licensee…

(815 ILCS 390/8a) Sec. 8a. Investigation of unlawful practices. If it appears to the Comptroller that a person has engaged in, is engaging in, or is about to engage in any practice in violation of this Act, the Comptroller may: (1) require that person to file on such terms as the…

(815 ILCS 390/8b) Sec. 8b. Service. Service by the Comptroller of any notice requiring a person to file a statement or report shall be made: (1) personally by delivery of a duly executed copy thereof to the person to be served or, if that person is not a natural person, in the ma…

(815 ILCS 390/9) (from Ch. 21, par. 209) Sec. 9. The Comptroller may upon his own motion investigate the actions of any person providing, selling, or offering pre-need sales contracts or of any applicant or any person or persons holding or claiming to hold a license under this Ac…

(815 ILCS 393/1) Sec. 1. Short title. This Act may be cited as the Plastic Bulk Merchandise Container Act. (Source: P.A. 97-1085, eff. 1-1-13.)

(815 ILCS 393/10) Sec. 10. Requirements applicable to the sale of plastic bulk merchandise containers. (a) A person who is purchasing 5 or more plastic bulk merchandise containers from the same person shall: (1) obtain from that person a record that contains: (A) the name, addres…

(815 ILCS 393/15) Sec. 15. Records. A person shall retain a record obtained or made under this Act until the first anniversary of the later of the date the containers are purchased or delivered. (Source: P.A. 97-1085, eff. 1-1-13.)

(815 ILCS 393/20) Sec. 20. Applicability. This Act does not apply to the collection, receipt, or recycling of plastic bulk merchandise containers by a licensed waste hauler. (Source: P.A. 97-1085, eff. 1-1-13.)

(815 ILCS 393/25) Sec. 25. Penalty; enforcement. (a) A person who violates this Act shall be guilty of a petty offense and shall be fined an amount not exceeding $500 for each violation, except as provided in subsection (b). (b) A person who purchases or receives plastic bulk mer…

(815 ILCS 393/5) Sec. 5. Definitions. As used in this Act: "Bona fide purchaser" means a person who in good faith makes a purchase without notice of any outstanding rights of others. "Plastic bulk merchandise container" means a plastic crate, pallet, or shell used by a product pr…

(815 ILCS 395/0.01) (from Ch. 121 1/2, par. 137.90) Sec. 0.01. Short title. This Act may be cited as the Platinum Sales Act. (Source: P.A. 86-1324.)

(815 ILCS 395/1) (from Ch. 121 1/2, par. 138) Sec. 1. In this Act, unless the context otherwise requires: (1) The term "article" means any article of merchandise, and includes any portion of such article, whether a distinct part thereof or not (including every part thereof whethe…

(815 ILCS 395/10) (from Ch. 121 1/2, par. 147) Sec. 10. This Act shall take effect January 1, 1928. (Source: Laws 1927, p. 783.)