Sen. William R. Haine

Filed: 4/13/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 666

2    AMENDMENT NO. ______. Amend Senate Bill 666 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Funeral or Burial Funds Act is
5amended by changing Sections 1a-1, 2, 3, and 3a-5 as follows:
 
6    (225 ILCS 45/1a-1)
7    Sec. 1a-1. Pre-need contracts.
8    (a) It shall be unlawful for any seller doing business
9within this State to accept sales proceeds from a purchaser,
10either directly or indirectly by any means, unless the seller
11enters into a pre-need contract with the purchaser which meets
12the following requirements:
13        (1) It states the name and address of the principal
14    office of the seller and the parent company of the seller,
15    if any.
16        (1.5) If funded by a trust, it clearly identifies the

 

 

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1    trustee's name and address and the primary state or federal
2    regulator of the trustee as a corporate fiduciary.
3        (1.7) If funded by life insurance, it clearly
4    identifies the life insurance provider and the primary
5    regulator of the life insurance provider.
6        (2) It clearly identifies the provider's name and
7    address, the purchaser, and the beneficiary, if other than
8    the purchaser.
9        (2.5) If the provider has branch locations, the
10    contract gives the purchaser the opportunity to identify
11    the branch at which the funeral will be provided.
12        (3) It contains a complete description of the funeral
13    merchandise and services to be provided and the price of
14    the merchandise and services, and it clearly discloses
15    whether the price of the merchandise and services is
16    guaranteed or not guaranteed as to price.
17            (A) Each guaranteed price contract shall contain
18        the following statement in 12 point bold type:
19            THIS CONTRACT GUARANTEES THE BENEFICIARY THE
20        SPECIFIC GOODS AND SERVICES CONTRACTED FOR. NO
21        ADDITIONAL CHARGES MAY BE REQUIRED. FOR DESIGNATED
22        GOODS AND SERVICES, ADDITIONAL CHARGES MAY BE INCURRED
23        FOR UNEXPECTED EXPENSES INCLUDING, BUT NOT LIMITED TO,
24        CASH ADVANCES, SHIPPING OF REMAINS FROM A DISTANT
25        PLACE, OR DESIGNATED HONORARIA ORDERED OR DIRECTED BY
26        SURVIVORS.

 

 

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1            (B) Except as provided in subparagraph (C) of this
2        paragraph (3), each non-guaranteed price contract
3        shall contain the following statement in 12 point bold
4        type:
5            THIS CONTRACT DOES NOT GUARANTEE THE PRICE THE
6        BENEFICIARY WILL PAY FOR ANY SPECIFIC GOODS OR
7        SERVICES. ANY FUNDS PAID UNDER THIS CONTRACT ARE ONLY A
8        DEPOSIT TO BE APPLIED TOWARD THE FINAL PRICE OF THE
9        GOODS OR SERVICES CONTRACTED FOR. ADDITIONAL CHARGES
10        MAY BE REQUIRED.
11            (C) If a non-guaranteed price contract may
12        subsequently become guaranteed, the contract shall
13        clearly disclose the nature of the guarantee and the
14        time, occurrence, or event upon which the contract
15        shall become a guaranteed price contract.
16        (4) It provides that if the particular supplies and
17    services specified in the pre-need contract are
18    unavailable at the time of delivery, the provider shall be
19    required to furnish supplies and services similar in style
20    and at least equal in quality of material and workmanship.
21        (5) It discloses any penalties or restrictions,
22    including but not limited to geographic restrictions or the
23    inability of the provider to perform, on the delivery of
24    merchandise, services, or pre-need contract guarantees.
25        (6) Regardless of the method of funding the pre-need
26    contract, the following must be disclosed:

 

 

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1            (A) Whether the pre-need contract is to be funded
2        by a trust, life insurance, or an annuity;
3            (B) The nature of the relationship among the person
4        funding the pre-need contract, the provider, and the
5        seller; and
6            (C) The impact on the pre-need contract of (i) any
7        changes in the funding arrangement including but not
8        limited to changes in the assignment, beneficiary
9        designation, or use of the funds; (ii) any specific
10        penalties to be incurred by the contract purchaser as a
11        result of failure to make payments; (iii) penalties to
12        be incurred or moneys or refunds to be received as a
13        result of cancellations; and (iv) all relevant
14        information concerning what occurs and whether any
15        entitlements or obligations arise if there is a
16        difference between the proceeds of the particular
17        funding arrangement and the amount actually needed to
18        pay for the funeral at-need.
19            (D) The method of changing the provider.
20    (b) All pre-need contracts are subject to the Federal Trade
21Commission Rule concerning the Cooling-Off Period for
22Door-to-Door Sales (16 CFR Part 429).
23    (c) No pre-need contract shall be sold in this State unless
24there is a provider for the services and personal property
25being sold. If the seller is not a provider, then the seller
26must have a binding agreement with a provider, and the identity

 

 

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1of the provider and the nature of the agreement between the
2seller and the provider shall be disclosed in the pre-need
3contract at the time of the sale and before the receipt of any
4sales proceeds. The failure to disclose the identity of the
5provider, the nature of the agreement between the seller and
6the provider, or any changes thereto to the purchaser and
7beneficiary, or the failure to make the disclosures required in
8subdivision (a)(1), constitutes an intentional violation of
9this Act.
10    (d) All pre-need contracts must be in writing in at least
1111 point type, numbered, and executed in duplicate. A signed
12copy of the pre-need contract must be provided to the purchaser
13at the time of entry into the pre-need contract. The
14Comptroller may by rule develop a model pre-need contract form
15that meets the requirements of this Act.
16    (e) The State Comptroller shall by rule develop a booklet
17for consumers in plain English describing the scope,
18application, and consumer protections of this Act. After the
19adoption of these rules, no pre-need contract shall be sold in
20this State unless (i) the seller distributes to the purchaser
21prior to the sale a booklet promulgated or approved for use by
22the State Comptroller; (ii) the seller explains to the
23purchaser the terms of the pre-need contract prior to the
24purchaser signing; and (iii) the purchaser initials a statement
25in the contract confirming that the seller has explained the
26terms of the contract prior to the purchaser signing.

 

 

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1    (f) All sales proceeds received in connection with a
2pre-need contract shall be deposited into a trust account as
3provided in Section 1b and Section 2 of this Act, or shall be
4used to purchase a life insurance policy or tax-deferred
5annuity as provided in Section 2a of this Act.
6    (g) No pre-need contract shall be sold in this State unless
7it is accompanied by a funding mechanism permitted under this
8Act, and unless the seller is licensed by the Comptroller as
9provided in Section 3 of this Act. Nothing in this Act is
10intended to relieve sellers of pre-need contracts from being
11licensed under any other Act required for their profession or
12business, and being subject to the rules promulgated to
13regulate their profession or business, including rules on
14solicitation and advertisement.
15    (h) Each pre-need contract entered into under this Section
16shall be registered on an online database maintained by the
17State Comptroller. Information to be included in the database
18shall include, but not be limited to, the name of licensee,
19purchaser, date of contract, amount of contract, and
20disposition of the funds. This information must be registered
21into the State Comptroller's online database within 45 days
22after the date of the pre-need contract.
23(Source: P.A. 96-879, eff. 2-2-10.)
 
24    (225 ILCS 45/2)  (from Ch. 111 1/2, par. 73.102)
25    Sec. 2. (a) If a purchaser selects a trust arrangement to

 

 

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1fund the pre-need contract, all trust deposits as determined by
2Section 1b shall be made within 30 days of receipt.
3    (b) A trust established under this Act must be maintained
4with a corporate fiduciary as defined in Section 1-5.05 of the
5Corporate Fiduciary Act or with a foreign corporate fiduciary
6recognized by Article IV of the Corporate Fiduciary Act.
7    (c) Trust agreements and amendments to the trust agreements
8used to fund a pre-need contract shall be filed with the
9Comptroller.
10    (d) (Blank).
11    (e) A seller or provider shall furnish to the trustee and
12depositary the name of each payor and the amount of payment on
13each such account for which deposit is being so made. Nothing
14shall prevent the trustee from commingling the deposits in any
15such trust fund for purposes of its management and the
16investment of its funds as provided in the Common Trust Fund
17Act. In addition, multiple trust funds maintained under this
18Act may be commingled or commingled with other funeral or
19burial related trust funds if all record keeping requirements
20imposed by law are met.
21    (f) (Blank).
22    (g) Upon no less than 30 days prior notice to the
23Comptroller, the seller may change the trustee of the fund.
24Failure to provide the Comptroller with timely prior notice is
25an intentional violation of this Act.
26    (h) A trustee shall at least annually furnish to each

 

 

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1purchaser a statement containing: (1) the receipts,
2disbursements, and inventory of the trust, including an
3explanation of any fees or expenses charged by the trustee
4under Section 5 of this Act or otherwise, (2) an explanation of
5the purchaser's right to a refund, if any, under this Act, and
6(3) identifying the primary regulator of the trust as a
7corporate fiduciary under state or federal law.
8(Source: P.A. 96-879, eff. 2-2-10.)
 
9    (225 ILCS 45/3)  (from Ch. 111 1/2, par. 73.103)
10    Sec. 3. Licensing.
11    (a) No person, firm, partnership, association or
12corporation may act as seller without first securing from the
13State Comptroller a license to so act. Application for such
14license shall be in writing, signed by the applicant and duly
15verified on forms furnished by the Comptroller. Each
16application shall contain at least the following:
17        (1) The full name and address (both residence and place
18    of business) of the applicant, and every member, officer
19    and director thereof if the applicant is a firm,
20    partnership, association, or corporation, and of every
21    shareholder holding more than 10% of the corporate stock if
22    the applicant is a corporation;
23        (2) A statement of the applicant's assets and
24    liabilities;
25        (3) The name and address of the applicant's principal

 

 

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1    place of business at which the books, accounts, and records
2    shall be available for examination by the Comptroller as
3    required by this Act;
4        (4) The names and addresses of the applicant's branch
5    locations at which pre-need sales shall be conducted and
6    which shall operate under the same license number as the
7    applicant's principal place of business;
8        (5) For each individual listed under item (1) above, a
9    detailed statement of the individual's business experience
10    for the 10 years immediately preceding the application; any
11    present or prior connection between the individual and any
12    other person engaged in pre-need sales; any felony or
13    misdemeanor convictions for which fraud was an essential
14    element; any charges or complaints lodged against the
15    individual for which fraud was an essential element and
16    which resulted in civil or criminal litigation; any failure
17    of the individual to satisfy an enforceable judgment
18    entered against him based upon fraud; and any other
19    information requested by the Comptroller relating to past
20    business practices of the individual. Since the
21    information required by this item (5) may be confidential
22    or contain proprietary information, this information shall
23    not be available to other licensees or the general public
24    and shall be used only for the lawful purposes of the
25    Comptroller in enforcing this Act;
26        (6) The name of the trustee and, if applicable, the

 

 

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1    names of the advisors to the trustee, including a copy of
2    the proposed trust agreement under which the trust funds
3    are to be held as required by this Act; and
4        (7) Such other information as the Comptroller may
5    reasonably require in order to determine the qualification
6    of the applicant to be licensed under this Act.
7    (b) Applications for license shall be accompanied by a
8fidelity bond executed by the applicant and a surety company
9authorized to do business in this State or an irrevocable,
10unconditional letter of credit issued by a bank, credit union,
11or trust company authorized to do business in the State of
12Illinois, as approved by the State Comptroller, in such amount
13not exceeding $10,000 as the Comptroller may require. If, after
14notice and an opportunity to be heard, it has been determined
15that a licensee has violated this Act within the past 5
16calendar years, the Comptroller may require an additional bond
17or letter of credit from the licensee from time to time in
18amounts equal to one-tenth of such trust funds, which bond or
19letter of credit shall run to the Comptroller for the use and
20benefit of the beneficiaries of such trust funds.
21    The licensee shall keep accurate accounts, books and
22records in this State, at the principal place of business
23identified in the licensee's license application or as
24otherwise approved by the Comptroller in writing, of all
25transactions, copies of all pre-need contracts, trust
26agreements, and other agreements, dates and amounts of payments

 

 

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1made and accepted thereon, the names and addresses of the
2contracting parties, the persons for whose benefit such funds
3are accepted, and the names of the depositaries of such funds.
4Each licensee shall maintain the documentation for a period of
53 years after the licensee has fulfilled his obligations under
6the pre-need contract. Additionally, for a period not to exceed
76 months after the performance of all terms in a pre-need sales
8contract, the licensee shall maintain copies of the contract at
9the licensee branch location where the contract was entered or
10at some other location agreed to by the Comptroller in writing.
11If an insurance policy or tax-deferred annuity is used to fund
12the pre-need contract, the licensee under this Act shall keep
13and maintain accurate accounts, books, and records in this
14State, at the principal place of business identified in the
15licensee's application or as otherwise approved by the
16Comptroller in writing, of all insurance policies and
17tax-deferred annuities used to fund the pre-need contract, the
18name and address of insured, annuitant, and initial
19beneficiary, and the name and address of the insurance company
20issuing the policy or annuity. If a life insurance policy or
21tax-deferred annuity is used to fund a pre-need contract, the
22licensee shall notify the insurance company of the name of each
23pre-need contract purchaser and the amount of each payment when
24the pre-need contract, insurance policy or annuity is
25purchased.
26    The licensee shall make reports to the Comptroller annually

 

 

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1or at such other time as the Comptroller may require, on forms
2furnished by the Comptroller. The licensee shall file the
3annual report with the Comptroller within 75 days after the end
4of the licensee's fiscal year. The Comptroller shall for good
5cause shown grant an extension for the filing of the annual
6report upon the written request of the licensee. Such extension
7shall not exceed 60 days. If a licensee fails to submit an
8annual report to the Comptroller within the time specified in
9this Section, the Comptroller shall impose upon the licensee a
10penalty of $5 per day for the first 15 days past due, $10 per
11day for 16 through 30 days past due, $15 per day for 31 through
1245 days past due, and $20 per day for the 46th day and every day
13thereafter for each and every day the licensee remains
14delinquent in submitting the annual report. The Comptroller may
15abate all or part of the $5 daily penalty for good cause shown.
16Every application shall be accompanied by a check or money
17order in the amount of $25 and every report shall be
18accompanied by a check or money order in the amount of $10
19payable to: Comptroller, State of Illinois.
20    The licensee shall make all required books and records
21pertaining to trust funds, insurance policies, or tax-deferred
22annuities available to the Comptroller for examination. The
23Comptroller, or a person designated by the Comptroller who is
24trained to perform such examinations, may at any time
25investigate the books, records and accounts of the licensee
26with respect to trust funds, insurance policies, or

 

 

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1tax-deferred annuities and for that purpose may require the
2attendance of and examine under oath all persons whose
3testimony he may require. The licensee shall pay a fee for such
4examination in accordance with a schedule established by the
5Comptroller. The fee shall not exceed the cost of such
6examination. For pre-need contracts funded by trust
7arrangements, the cost of an initial examination shall be borne
8by the licensee if it has $10,000 or more in trust funds,
9otherwise, by the Comptroller. The charge made by the
10Comptroller for an examination shall be based upon the total
11amount of trust funds held by the licensee at the end of the
12calendar or fiscal year for which the report is required by
13this Act and shall be in accordance with the following
14schedule:
15Less than $10,000.................................no charge;
16$10,000 or more but less than $50,000...................$10;
17$50,000 or more but less than $100,000..................$40;
18$100,000 or more but less than $250,000.................$80;
19$250,000 or more........................................$100.
20    The Comptroller may order additional audits or
21examinations as he or she may deem necessary or advisable to
22ensure the safety and stability of the trust funds and to
23ensure compliance with this Act. These additional audits or
24examinations shall only be made after good cause is established
25by the Comptroller in the written order. The grounds for
26ordering these additional audits or examinations may include,

 

 

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1but shall not be limited to:
2        (1) material and unverified changes or fluctuations in
3    trust balances or insurance or annuity policy amounts;
4        (2) the licensee changing trustees more than twice in
5    any 12-month period;
6        (3) any withdrawals or attempted withdrawals from the
7    trusts, insurance policies, or annuity contracts in
8    violation of this Act; or
9        (4) failure to maintain or produce documentation
10    required by this Act for deposits into trust accounts,
11    trust investment activities, or life insurance or annuity
12    policies.
13    The licensee shall bear the full cost of that examination
14or audit, up to a maximum of $20,000. The Comptroller may elect
15to pay for the examination or audit and receive reimbursement
16from the licensee. Payment of the costs of the examination or
17audit by a licensee shall be a condition of receiving,
18maintaining, or renewing a license under this Act. All moneys
19received by the Comptroller for examination or audit fees shall
20be maintained in a separate account to be known as the
21Comptroller's Administrative Fund. This Fund, subject to
22appropriation by the General Assembly, may be utilized by the
23Comptroller for enforcing this Act and other purposes that may
24be authorized by law.
25    For pre-need contracts funded by life insurance or a
26tax-deferred annuity, the cost of an examination shall be borne

 

 

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1by the licensee. The fee schedule for such examination shall be
2established in rules promulgated by the Comptroller. In the
3event such investigation or other information received by the
4Comptroller discloses a substantial violation of the
5requirements of this Act, the Comptroller shall revoke the
6license of such person upon a hearing as provided in this Act.
7Such licensee may terminate all further responsibility for
8compliance with the requirements of this Act by voluntarily
9surrendering the license to the Comptroller, or in the event of
10its loss, furnishing the Comptroller with a sworn statement to
11that effect, which states the licensee's intention to
12discontinue acceptance of funds received under pre-need
13contracts. Such license or statement must be accompanied by an
14affidavit that said licensee has lawfully expended or refunded
15all funds received under pre-need contracts, and that the
16licensee will accept no additional sales proceeds. The
17Comptroller shall immediately cancel or revoke said license.
18(Source: P.A. 96-879, eff. 2-2-10.)
 
19    (225 ILCS 45/3a-5)
20    Sec. 3a-5. License requirements.
21    (a) Every license issued by the Comptroller shall state the
22number of the license, the business name and address of the
23licensee's principal place of business, each branch location
24also operating under the license, and the licensee's parent
25company, if any. The license shall be conspicuously posted in

 

 

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1each place of business operating under the license. The
2Comptroller may issue such additional licenses as may be
3necessary for licensee branch locations upon compliance with
4the provisions of this Act governing an original issuance of a
5license for each new license.
6    (b) Individual salespersons representing a licensee shall
7not be required to obtain licenses in their individual
8capacities, but must acknowledge, by affidavit, that they have
9been provided with a copy of and have read this Act. The
10licensee shall retain copies of the affidavits of its sellers
11for its records and shall make the affidavits available to the
12Comptroller for examination upon request.
13    (c) The licensee shall be responsible for the activities of
14any person representing the licensee in selling or offering a
15pre-need contract for sale.
16    (d) Any person not selling on behalf of a licensee shall
17obtain its own license.
18    (e) No license shall be transferable or assignable without
19the express written consent of the Comptroller. A transfer of
20more than 50% of the ownership of any business licensed
21hereunder shall be deemed to be an attempted assignment of the
22license originally issued to the licensee for which consent of
23the Comptroller shall be required.
24    (f) Every license issued hereunder shall be renewed every 5
25years for a renewal fee of $100. The renewal fee shall be
26deposited into the Comptroller's Administrative Fund remain in

 

 

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1force until it has been suspended, surrendered, or revoked in
2accordance with this Act. The Comptroller, upon the request of
3an interested person or on his own motion, may issue new
4licenses to a licensee whose license or licenses have been
5revoked, if no factor or condition then exists which would have
6warranted the Comptroller to originally refuse the issuance of
7such license.
8(Source: P.A. 92-419, eff. 1-1-02.)
 
9    Section 10. The Cemetery Oversight Act is amended by
10changing Sections 15-15, 15-40, and 75-55 as follows:
 
11    (225 ILCS 411/15-15)
12    (Section scheduled to be repealed on January 1, 2021)
13    Sec. 15-15. Care funds; deposits; investments.
14    (a) Whenever a cemetery authority accepts care funds,
15either in connection with the sale or giving away at an imputed
16value of an interment right, entombment right, or inurnment
17right, or in pursuance of a contract, or whenever, as a
18condition precedent to the purchase or acceptance of an
19interment right, entombment right, or inurnment right, such
20cemetery authority shall establish a care fund or deposit the
21funds in an already existing care fund.
22    (b) The cemetery authority shall execute and deliver to the
23person from whom it received the care funds an instrument in
24writing that shall specifically state: (i) the nature and

 

 

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1extent of the care to be furnished and (ii) that such care
2shall be furnished only in so far as net income derived from
3the amount deposited in trust will permit (the income from the
4amount so deposited, less necessary expenditures of
5administering the trust, shall be deemed the net income).
6    (c) The setting-aside and deposit of care funds shall be
7made by such cemetery authority no later than 30 days after the
8close of the month in which the cemetery authority gave away
9for an imputed value or received the final payment on the
10purchase price of interment rights, entombment rights, or
11inurnment rights, or received the final payment for the general
12or special care of a lot, grave, crypt, or niche or of a family
13mausoleum, memorial, marker, or monument, and such amounts
14shall be held by the trustee of the care funds of such cemetery
15authority in trust and in perpetuity for the specific purposes
16stated in the written instrument described in subsection (b).
17For all care funds received by a cemetery authority, except for
18care funds received by a cemetery authority pursuant to a
19specific gift, grant, contribution, payment, legacy, or
20contract that are subject to investment restrictions more
21restrictive than the investment provisions set forth in this
22Act, and except for care funds otherwise subject to a trust
23agreement executed by a person or persons responsible for
24transferring the specific gift, grant, contribution, payment,
25or legacy to the cemetery authority that contains investment
26restrictions more restrictive than the investment provisions

 

 

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1set forth in this Act, the cemetery authority may, without the
2necessity of having to obtain prior approval from any court in
3this State, designate a new trustee in accordance with this Act
4and invest the care funds in accordance with this Section,
5notwithstanding any contrary limitation contained in the trust
6agreement.
7    (d) Any cemetery authority engaged in selling or giving
8away at an imputed value interment rights, entombment rights,
9or inurnment rights, in conjunction with the selling or giving
10away at an imputed value any other merchandise or services not
11covered by this Act, shall be prohibited from increasing the
12sales price or imputed value of those items not requiring a
13care fund deposit under this Act with the purpose of allocating
14a lesser sales price or imputed value to items that require a
15care fund deposit.
16    (e) If any sale that requires a deposit to a cemetery
17authority's care fund is made by a cemetery authority on an
18installment basis, and the installment contract is factored,
19discounted, or sold to a third party, then the cemetery
20authority shall deposit the amount due to the care fund within
2130 days after the close of the month in which the installment
22contract was factored, discounted, or sold. If, subsequent to
23such deposit, the purchaser defaults on the contract such that
24no care fund deposit on that contract would have been required,
25then the cemetery authority may apply the amount deposited as a
26credit against future required deposits.

 

 

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1    (f) The trust authorized by this Section shall be a single
2purpose trust fund. In the event of the cemetery authority's
3bankruptcy, insolvency, or assignment for the benefit of
4creditors, or an adverse judgment, the trust funds shall not be
5available to any creditor as assets of the cemetery authority
6or to pay any expenses of any bankruptcy or similar proceeding,
7but shall be retained intact to provide for the future
8maintenance of the cemetery. Except in an action by the
9Department to revoke a license issued pursuant to this Act and
10for creation of a receivership as provided in this Act, the
11trust shall not be subject to judgment, execution, garnishment,
12attachment, or other seizure by process in bankruptcy or
13otherwise, nor to sale, pledge, mortgage, or other alienation,
14and shall not be assignable except as approved by the
15Comptroller Department.
16(Source: P.A. 96-863, eff. 3-1-10.)
 
17    (225 ILCS 411/15-40)
18    (Section scheduled to be repealed on January 1, 2021)
19    Sec. 15-40. Trust examinations and audits.
20    (a) The Comptroller Department shall examine at least
21annually every licensee who holds $250,000 or more in its care
22funds. For that purpose, the Comptroller Department shall have
23free access to the office and places of business and to such
24records of all licensees and of all trustees of the care funds
25of all licensees as shall relate to the acceptance, use, and

 

 

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1investment of care funds. The Comptroller Department may
2require the attendance of and examine under oath all persons
3whose testimony may be required relative to such business. In
4such cases the Comptroller Department, or any qualified
5representative of the Comptroller Department whom the
6Comptroller Department may designate, may administer oaths to
7all such persons called as witnesses, and the Comptroller
8Department, or any such qualified representative of the
9Comptroller Department, may conduct such examinations. The
10cost of an initial examination shall be determined by rule.
11    (b) The Comptroller Department may order additional audits
12or examinations as it may deem necessary or advisable to ensure
13the safety and stability of the trust funds and to ensure
14compliance with this Act. These additional audits or
15examinations shall only be made after good cause is established
16by the Comptroller Department in the written order. The grounds
17for ordering these additional audits or examinations may
18include, but shall not be limited to:
19        (1) material and unverified changes or fluctuations in
20    trust balances;
21        (2) the licensee changing trustees more than twice in
22    any 12-month period;
23        (3) any withdrawals or attempted withdrawals from the
24    trusts in violation of this Act; or
25        (4) failure to maintain or produce documentation
26    required by this Act.

 

 

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1(Source: P.A. 96-863, eff. 3-1-10.)
 
2    (225 ILCS 411/75-55)
3    (Section scheduled to be repealed on January 1, 2021)
4    Sec. 75-55. Transition.
5    (a) Within 60 days after the effective date of this Act,
6the Comptroller shall provide the Department copies of records
7in the Comptroller's possession pertaining to the Cemetery Care
8Act and the Crematory Regulation Act that are necessary for the
9Department's immediate responsibilities under this Act. All
10other records pertaining to the Cemetery Care Act with the
11exception of records pertaining to care funds and the Crematory
12Regulation Act shall be transferred to the Department by March
131, 2012. In the case of records that pertain both to the
14administration of the Cemetery Care Act or the Crematory
15Regulation Act and to a function retained by the Comptroller,
16the Comptroller, in consultation with the Department, shall
17determine, within 60 days after the repeal of the Cemetery Care
18Act, whether the records shall be transferred, copied, or left
19with the Comptroller; until this determination has been made
20the transfer shall not occur.
21    (b) (Blank). A person licensed under one of the Acts listed
22in subsection (a) of this Section or regulated under the
23Cemetery Association Act shall continue to comply with the
24provisions of those Acts until such time as the person is
25licensed under this Act or those Acts are repealed or the

 

 

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1amendatory changes made by this amendatory Act of the 96th
2General Assembly take effect, as the case may be, whichever is
3earlier.
4    (c) To support the costs that may be associated with
5implementing and maintaining a licensure and regulatory
6process for the licensure and regulation of cemetery
7authorities, cemetery managers, customer service employees,
8and cemetery workers, all cemetery authorities not maintaining
9a full exemption or partial exemption shall pay a one-time fee
10of $20 to the Department plus an additional charge of $1 per
11burial unit per year within the cemetery. The Department may
12establish forms for the collection of the fee established under
13this subsection and shall deposit such fee into the Cemetery
14Oversight Licensing and Disciplinary Fund. The Department may
15begin to collect the aforementioned fee after the effective
16date of this Act. In addition, the Department may establish
17rules for the collection process, which may include, but shall
18not be limited to, dates, forms, enforcement, or other
19procedures necessary for the effective collection, deposit,
20and overall process regarding this Section.
21    (d) Any cemetery authority that fails to pay to the
22Department the required fee or submits the incorrect amount
23shall be subject to the penalties provided for in Section
2425-110 of this Act.
25    (e) Except as otherwise specifically provided, all fees,
26fines, penalties, or other moneys received or collected

 

 

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1pursuant to this Act shall be deposited in the Cemetery
2Oversight Licensing and Disciplinary Fund.
3    (f) (Blank). All proportionate funds held in the
4Comptroller's Administrative Fund related to unexpended moneys
5collected under the Cemetery Care Act and the Crematory
6Regulation Act shall be transferred to the Cemetery Oversight
7Licensing and Disciplinary Fund within 60 days after the
8effective date of the repeal of the Cemetery Care Act.
9    (g) (Blank). Personnel employed by the Comptroller on
10February 29, 2012, to perform the duties pertaining to the
11administration of the Cemetery Care Act and the Crematory
12Regulation Act, are transferred to the Department on March 1,
132012.
14    The rights of State employees, the State, and its agencies
15under the Comptroller Merit Employment Code and applicable
16collective bargaining agreements and retirement plans are not
17affected under this Act, except that all positions transferred
18to the Department shall be subject to the Personnel Code
19effective March 1, 2012.
20    All transferred employees who are members of collective
21bargaining units shall retain their seniority, continuous
22service, salary, and accrued benefits. During the pendency of
23the existing collective bargaining agreement, the rights
24provided for under that agreement shall not be abridged.
25    The Department shall continue to honor during their
26pendency all bargaining agreements in effect at the time of the

 

 

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1transfer and to recognize all collective bargaining
2representatives for the employees who perform or will perform
3functions transferred by this Act. For all purposes with
4respect to the management of the existing agreement and the
5negotiation and management of any successor agreements, the
6Department shall be deemed the employer of employees who
7perform or will perform functions transferred to the Department
8by this Act.
9(Source: P.A. 96-863, eff. 3-1-10.)
 
10    Section 15. The Illinois Pre-Need Cemetery Sales Act is
11amended by changing Sections 6, 8, 14, 15, and 20 as follows:
 
12    (815 ILCS 390/6)  (from Ch. 21, par. 206)
13    Sec. 6. License application.
14    (a) An application for a license shall be made in writing
15to the Comptroller on forms prescribed by him or her, signed by
16the applicant under oath verified by a notary public, and
17accompanied by a non-returnable $125 $25 application fee, $100
18of which shall be deposited into the Comptroller's
19Administrative Fund. The Comptroller may prescribe abbreviated
20application forms for persons holding a license under the
21Cemetery Care Act. Applications (except abbreviated
22applications) must include at least the following information:
23        (1) The full name and address, both residence and
24    business, of the applicant if the applicant is an

 

 

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1    individual; of every member if applicant is a partnership;
2    of every member of the Board of Directors if applicant is
3    an association; and of every officer, director and
4    shareholder holding more than 10% of the corporate stock if
5    applicant is a corporation;
6        (2) A detailed statement of applicant's assets and
7    liabilities;
8        (2.1) The name and address of the applicant's principal
9    place of business at which the books, accounts, and records
10    are available for examination by the Comptroller as
11    required by this Act;
12        (2.2) The name and address of the applicant's branch
13    locations at which pre-need sales will be conducted and
14    which will operate under the same license number as the
15    applicant's principal place of business;
16        (3) For each individual listed under (1) above, a
17    detailed statement of the individual's business experience
18    for the 10 years immediately preceding the application; any
19    present or prior connection between the individual and any
20    other person engaged in pre-need sales; any felony or
21    misdemeanor convictions for which fraud was an essential
22    element; any charges or complaints lodged against the
23    individual for which fraud was an essential element and
24    which resulted in civil or criminal litigation; any failure
25    of the individual to satisfy an enforceable judgment
26    entered against him or her based upon fraud; and any other

 

 

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1    information requested by the Comptroller relating to the
2    past business practices of the individual. Since the
3    information required by this paragraph may be confidential
4    or contain proprietary information, this information shall
5    not be available to other licensees or the general public
6    and shall be used only for the lawful purposes of the
7    Comptroller in enforcing this Act;
8        (4) The name of the trustee and, if applicable, the
9    names of the advisors to the trustee, including a copy of
10    the proposed trust agreement under which the trust funds
11    are to be held as required by this Act;
12        (5) Where applicable, the name of the corporate surety
13    company providing the performance bond for the
14    construction of undeveloped spaces and a copy of the bond;
15    and
16        (6) Such other information as the Comptroller may
17    reasonably require in order to determine the qualification
18    of the applicant to be licensed under this Act.
19    (b) Applications for license shall be accompanied by a
20fidelity bond executed by the applicant and a security company
21authorized to do business in this State in such amount, not
22exceeding $10,000, as the Comptroller may require. The
23Comptroller may require additional bond from time to time in
24amounts equal to one-tenth of such trust funds but not to
25exceed $100,000, which bond shall run to the Comptroller for
26the use and benefit of the beneficiaries of such trust funds.

 

 

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1Such licensee may by written permit of the Comptroller be
2authorized to operate without additional bond, except such
3fidelity bond as may be required by the Comptroller for the
4protection of the licensee against loss by default by any of
5its employees engaged in the handling of trust funds.
6    (c) Any application not acted upon within 90 days may be
7deemed denied.
8(Source: P.A. 92-419, eff. 1-1-02.)
 
9    (815 ILCS 390/8)  (from Ch. 21, par. 208)
10    Sec. 8. (a) Every license issued by the Comptroller shall
11state the number of the license, the business name and address
12of the licensee's principal place of business, each branch
13location also operating under the license, and the licensee's
14parent company, if any. The license shall be conspicuously
15posted in each place of business operating under the license.
16The Comptroller may issue additional licenses as may be
17necessary for license branch locations upon compliance with the
18provisions of this Act governing an original issuance of a
19license for each new license.
20    (b) Individual salespersons representing a licensee shall
21not be required to obtain licenses in their individual
22capacities but must acknowledge, by affidavit, that they have
23been provided a copy of and have read this Act. The licensee
24must retain copies of the affidavits of its salespersons for
25its records and must make the affidavits available to the

 

 

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1Comptroller for examination upon request.
2    (c) The licensee shall be responsible for the activities of
3any person representing the licensee in selling or offering a
4pre-need contract for sale.
5    (d) Any person not selling on behalf of a licensee shall be
6required to obtain his or her own license.
7    (e) Any person engaged in pre-need sales, as defined
8herein, prior to the effective date of this Act may continue
9operations until the application for license under this Act is
10denied; provided that such person shall make application for a
11license within 60 days of the date that application forms are
12made available by the Comptroller.
13    (f) No license shall be transferable or assignable without
14the express written consent of the Comptroller. A transfer of
15more than 50% of the ownership of any business licensed
16hereunder shall be deemed to be an attempted assignment of the
17license originally issued to the licensee for which consent of
18the Comptroller shall be required.
19    (g) Every license issued hereunder shall be renewed every 5
20years for a fee of $100. The renewal fee shall be deposited
21into the Comptroller's Administrative Fund. The remain in force
22until the same has been suspended, surrendered or revoked in
23accordance with this Act, but the Comptroller, upon the request
24of an interested person or on his own motion, may issue new
25licenses to a licensee whose license or licenses have been
26revoked, if no factor or condition then exists which would have

 

 

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1warranted the Comptroller in refusing originally the issuance
2of such license.
3(Source: P.A. 92-419, eff. 1-1-02.)
 
4    (815 ILCS 390/14)  (from Ch. 21, par. 214)
5    Sec. 14. Contract required.
6    (a) It is unlawful for any person doing business within
7this State to accept sales proceeds, either directly or
8indirectly, by any means unless the seller enters into a
9pre-need sales contract with the purchaser which meets the
10following requirements:
11        (1) A written sales contract shall be executed in at
12    least 11 point type in duplicate for each pre-need sale
13    made by a licensee, and a signed copy given to the
14    purchaser. Each completed contract shall be numbered and
15    shall contain: (i) the name and address of the purchaser,
16    the principal office of the licensee, and the parent
17    company of the licensee; (ii) the name of the person, if
18    known, who is to receive the cemetery merchandise, cemetery
19    services or the completed interment, entombment or
20    inurnment spaces under the contract; and (iii) specific
21    identification of such merchandise, services or spaces to
22    be provided, if a specific space or spaces are contracted
23    for, and the price of the merchandise, services, or space
24    or spaces.
25        (2) In addition, such contracts must contain a

 

 

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1    provision in distinguishing typeface as follows:
2        "Notwithstanding anything in this contract to the
3    contrary, you are afforded certain specific rights of
4    cancellation and refund under the Illinois Pre-Need
5    Cemetery Sales Act, enacted by the 84th General Assembly of
6    the State of Illinois".
7        (3) All pre-need sales contracts shall be sold on a
8    guaranteed price basis. At the time of performance of the
9    service or delivery of the merchandise, the seller shall be
10    prohibited from assessing the purchaser or his heirs or
11    assigns or duly authorized representative any additional
12    charges for the specific merchandise and services listed on
13    the pre-need sales contract.
14        (4) Each contract shall clearly disclose that the price
15    of the merchandise or services is guaranteed and shall
16    contain the following statement in 12 point bold type:
17        "THIS CONTRACT GUARANTEES THE BENEFICIARY THE SPECIFIC
18    GOODS, SERVICES, INTERMENT SPACES, ENTOMBMENT SPACES, AND
19    INURNMENT SPACES CONTRACTED FOR. NO ADDITIONAL CHARGES MAY
20    BE REQUIRED FOR DESIGNATED GOODS, SERVICES, AND SPACES.
21    ADDITIONAL CHARGES MAY BE INCURRED FOR UNEXPECTED
22    EXPENSES."
23        (5) The pre-need sales contract shall provide that if
24    the particular cemetery services, cemetery merchandise, or
25    spaces specified in the pre-need contract are unavailable
26    at the time of delivery, the seller shall be required to

 

 

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1    furnish services, merchandise, and spaces similar in style
2    and at least equal in quality of material and workmanship.
3        (6) The pre-need contract shall also disclose any
4    specific penalties to be incurred by the purchaser as a
5    result of failure to make payments; and penalties to be
6    incurred or moneys or refunds to be received as a result of
7    cancellation of the contract.
8        (7) The pre-need contract shall disclose the nature of
9    the relationship between the provider and the seller.
10        (8) Each pre-need contract that authorizes the
11    delivery of cemetery merchandise to a licensed and bonded
12    warehouse shall provide that prior to or upon delivery of
13    the merchandise to the warehouse the title to the
14    merchandise and a warehouse receipt shall be delivered to
15    the purchaser or beneficiary. The pre-need contract shall
16    contain the following statement in 12 point bold type:
17    "THIS CONTRACT AUTHORIZES THE DELIVERY OF MERCHANDISE TO A
18    LICENSED AND BONDED WAREHOUSE FOR STORAGE OF THE
19    MERCHANDISE UNTIL THE MERCHANDISE IS NEEDED BY THE
20    BENEFICIARY. DELIVERY OF THE MERCHANDISE IN THIS MANNER MAY
21    PRECLUDE REFUND OF SALE PROCEEDS THAT ARE ATTRIBUTABLE TO
22    THE DELIVERED MERCHANDISE."
23        The purchaser shall initial the statement at the time
24    of entry into the pre-need contract.
25        (9) Each pre-need contract that authorizes the
26    placement of cemetery merchandise at the site of its

 

 

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1    ultimate use prior to the time that the merchandise is
2    needed by the beneficiary shall contain the following
3    statement in 12 point bold type:
4    "THIS CONTRACT AUTHORIZES THE PLACEMENT OF MERCHANDISE AT
5    THE SITE OF ITS ULTIMATE USE PRIOR TO THE TIME THAT THE
6    MERCHANDISE IS NEEDED BY THE BENEFICIARY. DELIVERY OF THE
7    MERCHANDISE IN THIS MANNER MAY PRECLUDE REFUND OF SALE
8    PROCEEDS THAT ARE ATTRIBUTABLE TO THE DELIVERED
9    MERCHANDISE."
10        The purchaser shall initial the statement at the time
11    of entry into the pre-need contract.
12        (10) Each pre-need contract that is funded by a trust
13    shall clearly identify the trustee's name and address and
14    the primary state or federal regulator of the trustee as a
15    corporate fiduciary.
16    (b) Every pre-need sales contract must be in writing. The
17Comptroller may by rule develop a model pre-need sales contract
18form that meets the requirements of this Act.
19    (c) To the extent the Rule is applicable, every pre-need
20sales contract is subject to the Federal Trade Commission Rule
21concerning the Cooling-Off Period for Door-to-Door Sales (16
22CFR Part 429).
23    (d) No pre-need sales contract may be entered into in this
24State unless there is a provider for the cemetery merchandise,
25cemetery services, and undeveloped interment, inurnment, and
26entombment spaces being sold. If the seller is not the

 

 

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1provider, then the seller must have a binding agreement with a
2provider, and the identity of the provider and the nature of
3the agreement between the seller and the provider must be
4disclosed in the pre-need sales contract at the time of sale
5and before the receipt of any sale proceeds. The failure to
6disclose the identity of the provider, the nature of the
7agreement between the seller and the provider, or any changes
8thereto to the purchaser and beneficiary, or the failure to
9make the disclosures required by this Section constitutes an
10intentional violation of this Act.
11    (e) No pre-need contract may be entered into in this State
12unless it is accompanied by a funding mechanism permitted under
13this Act and unless the seller is licensed by the Comptroller
14as provided in this Act. Nothing in this Act is intended to
15relieve providers or sellers of pre-need contracts from being
16licensed under any other Act required for their profession or
17business or from being subject to the rules promulgated to
18regulate their profession or business, including rules on
19solicitation and advertisement.
20    (f) No pre-need contract may be entered into in this State
21unless the seller explains to the purchaser the terms of the
22pre-need contract prior to the purchaser signing and the
23purchaser initials a statement in the contract confirming that
24the seller has explained the terms of the contract prior to the
25purchaser signing.
26    (g) The State Comptroller shall develop a booklet for

 

 

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1consumers in plain English describing the scope, application,
2and consumer protections of this Act. After the booklet is
3developed, no pre-need contract may be sold in this State
4unless the seller distributes to the purchaser prior to the
5sale a booklet developed or approved for use by the State
6Comptroller.
7    (h) Each pre-need contract entered into under this Section
8shall be registered on an online database maintained by the
9State Comptroller. Information to be included in the database
10shall include, but not be limited to, the name of licensee,
11purchaser, date of contract, amount of contract, and
12disposition of the funds. This information must be registered
13into the State Comptroller's online database within 45 days
14after the date of the pre-need contract.
15(Source: P.A. 96-879, eff. 2-2-10.)
 
16    (815 ILCS 390/15)  (from Ch. 21, par. 215)
17    Sec. 15. (a) Whenever a seller receives anything of value
18under a pre-need sales contract, the person receiving such
19value shall deposit 50% of all proceeds received into one or
20more trust funds maintained pursuant to this Section, except
21that, in the case of proceeds received for the purchase of
22outer burial containers, 85% of the proceeds shall be deposited
23into one or more trust funds. Such deposits shall be made until
24the amount deposited in trust equals 50% of the sales price of
25the cemetery merchandise, cemetery services and undeveloped

 

 

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1spaces included in such contract, except that, in the case of
2deposits for outer burial containers, deposits shall be made
3until the amount deposited in trust equals 85% of the sales
4price. In the event an installment contract is factored,
5discounted or sold to a third party, the seller shall deposit
6an amount equal to 50% of the sales price of the installment
7contract, except that, for the portion of the contract
8attributable to the sale of outer burial containers, the seller
9shall deposit an amount equal to 85% of the sales price.
10Proceeds required to be deposited in trust which are
11attributable to cemetery merchandise and cemetery services
12shall be held in a "Cemetery Merchandise Trust Fund". Proceeds
13required to be deposited in trust which are attributable to the
14sale of undeveloped interment, entombment or inurnment spaces
15shall be held in a "Pre-construction Trust Fund". If
16merchandise is delivered for storage in a bonded warehouse, as
17authorized herein, and payment of transportation or other
18charges totaling more than $20 will be required in order to
19secure delivery to the site of ultimate use, upon such delivery
20to the warehouse the seller shall deposit to the trust fund the
21full amount of the actual or estimated transportation charge.
22Transportation charges which have been prepaid by the seller
23shall not be deposited to trust funds maintained pursuant to
24this Section. As used in this Section, "all proceeds" means the
25entire amount paid by a purchaser in connection with a pre-need
26sales contract, including finance charges and Cemetery Care Act

 

 

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1contributions, but excluding sales taxes and credit life
2insurance premiums.
3    (b) The seller shall act as trustee of all amounts received
4for cemetery merchandise, services, or undeveloped spaces
5until those amounts have been deposited into the trust fund.
6All trust deposits required by this Act shall be made within 30
7days following the end of the month of receipt. The seller must
8retain a corporate fiduciary as an independent trustee for any
9amount of trust funds. Upon 30 days' prior written notice from
10the seller to the Comptroller, the seller may change the
11trustee of the trust fund. Failure to provide the Comptroller
12with timely prior notice is an intentional violation of this
13Act.
14    (c) A trust established under this Act must be maintained
15with a corporate fiduciary as defined in Section 1-5.05 of the
16Corporate Fiduciary Act or with a foreign corporate fiduciary
17recognized by Article IV of the Corporate Fiduciary Act.
18    (d) Funds deposited in the trust account shall be
19identified in the records of the seller by the name of the
20purchaser. Nothing shall prevent the trustee from commingling
21the deposits in any such trust fund for purposes of the
22management thereof and the investment of funds therein as
23provided in the "Common Trust Fund Act", approved June 24,
241949, as amended. In addition, multiple trust funds maintained
25pursuant to this Act may be commingled or commingled with other
26funeral or burial related trust funds, provided that all record

 

 

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1keeping requirements imposed by or pursuant to law are met.
2    (e) In lieu of a pre-construction trust fund, a seller of
3undeveloped interment, entombment or inurnment spaces may
4obtain and file with the Comptroller a performance bond in an
5amount at least equal to 50% of the sales price of the
6undeveloped spaces or the estimated cost of completing
7construction, whichever is greater. The bond shall be
8conditioned on the satisfactory construction and completion of
9the undeveloped spaces as required in Section 19 of this Act.
10    Each bond obtained under this Section shall have as surety
11thereon a corporate surety company incorporated under the laws
12of the United States, or a State, the District of Columbia or a
13territory or possession of the United States. Each such
14corporate surety company must be authorized to provide
15performance bonds as required by this Section, have paid-up
16capital of at least $250,000 in cash or its equivalent and be
17able to carry out its contracts. Each pre-need seller must
18provide to the Comptroller, for each corporate surety company
19such seller utilizes, a statement of assets and liabilities of
20the corporate surety company sworn to by the president and
21secretary of the corporation by January 1 of each year.
22    The Comptroller shall prohibit pre-need sellers from doing
23new business with a corporate surety company if the company is
24insolvent or is in violation of this Section. In addition the
25Comptroller may direct a pre-need seller to reinstate a
26pre-construction trust fund upon the Comptroller's

 

 

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1determination that the corporate surety company no longer is
2sufficient security.
3    All performance bonds issued pursuant to this Section must
4be irrevocable during the statutory term for completing
5construction specified in Section 19 of this Act, unless
6terminated sooner by the completion of construction.
7    (f) Whenever any pre-need contract shall be entered into
8and include 1) items of cemetery merchandise and cemetery
9services, and 2) rights to interment, inurnment or entombment
10in completed spaces without allocation of the gross sale price
11among the items sold, the application of payments received
12under the contract shall be allocated, first to the right to
13interment, inurnment or entombment, second to items of cemetery
14merchandise and cemetery services, unless some other
15allocation is clearly provided in the contract.
16    (g) Any person engaging in pre-need sales who enters into a
17combination sale which involves the sale of items covered by a
18trust or performance bond requirement and any item not covered
19by any entrustment or bond requirement, shall be prohibited
20from increasing the gross sales price of those items not
21requiring entrustment with the purpose of allocating a lesser
22gross sales price to items which require a trust deposit or a
23performance bond.
24(Source: P.A. 96-879, eff. 2-2-10.)
 
25    (815 ILCS 390/20)  (from Ch. 21, par. 220)

 

 

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1    Sec. 20. Records.
2    (a) Each licensee must keep accurate accounts, books and
3records in this State at the principal place of business
4identified in the licensee's license application or as
5otherwise approved by the Comptroller in writing of all
6transactions, copies of agreements, dates and amounts of
7payments made or received, the names and addresses of the
8contracting parties, the names and addresses of persons for
9whose benefit funds are received, if known, and the names of
10the trust depositories. Additionally, for a period not to
11exceed 6 months after the performance of all terms in a
12pre-need sales contract, the licensee shall maintain copies of
13each pre-need contract at the licensee branch location where
14the contract was entered or at some other location agreed to by
15the Comptroller in writing.
16    (b) Each licensee must maintain such records for a period
17of 3 years after the licensee shall have fulfilled his or her
18obligation under the pre-need contract or 3 years after any
19stored merchandise shall have been provided to the purchaser or
20beneficiary, whichever is later.
21    (c) Each licensee shall submit reports to the Comptroller
22annually, under oath, on forms furnished by the Comptroller.
23The annual report shall contain, but shall not be limited to,
24the following:
25        (1) An accounting of the principal deposit and
26    additions of principal during the fiscal year.

 

 

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1        (2) An accounting of any withdrawal of principal or
2    earnings.
3        (3) An accounting at the end of each fiscal year, of
4    the total amount of principal and earnings held.
5    (d) The annual report shall be filed by the licensee with
6the Comptroller within 75 days after the end of the licensee's
7fiscal year. An extension of up to 60 days may be granted by
8the Comptroller, upon a showing of need by the licensee. Any
9other reports shall be in the form furnished or specified by
10the Comptroller. If a licensee fails to submit an annual report
11to the Comptroller within the time specified in this Section,
12the Comptroller shall impose upon the licensee a penalty of $5
13per day for the first 15 days past due, $10 per day for 16
14through 30 days past due, $15 per day for 31 through 45 days
15past due, and $20 per day for the 46th day and every day
16thereafter for each and every day the licensee remains
17delinquent in submitting the annual report. The Comptroller may
18abate all or part of the $5 daily penalty for good cause shown.
19Each report shall be accompanied by a check or money order in
20the amount of $10 payable to: Comptroller, State of Illinois.
21    (e) On and after the effective date of this amendatory Act
22of the 91st General Assembly, a licensee may report all
23required information concerning the sale of outer burial
24containers on the licensee's annual report required to be filed
25under this Act and shall not be required to report that
26information under the Illinois Funeral or Burial Funds Act, as

 

 

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1long as the information is reported under this Act.
2(Source: P.A. 91-7, eff. 1-1-00; 92-419, eff. 1-1-02.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".