(760 ILCS 100/2)
(from Ch. 21, par. 64.2)
The following words, terms and phrases used in this
Act, for the purpose of this Act, have the following meanings:
"Person" means any person, partnership, association, corporation, or other
"Trustee" means any person authorized to hold funds under this Act.
"Comptroller" means the Comptroller of the State of Illinois.
"Care" means the maintenance of a cemetery and of the lots, graves, crypts,
niches, family mausoleums, memorials, and markers therein; including: (i)
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; (iii) maintenance of
machinery, tools, and equipment for such care; (iv) compensation of
employees, payment of insurance premiums, and reasonable payments for
pension and other benefits plans; and (v) to the extent surplus income from
care fund is available, the payment of overhead expenses necessary for such
purposes and for maintaining necessary records of lot
ownership, transfers, and burials.
"Care funds" as distinguished from receipts from annual charges or gifts
for current or annual care, means any realty or personalty impressed with a
trust by the terms of any gift, grant, contribution, payment, legacy,
or pursuant to contract, accepted by any cemetery authority
owning, operating, controlling or managing a privately operated cemetery,
or by any trustee or licensee, agent or custodian for the same, under
Section 3 of this Act, and the amounts set aside under Section 4 of this
Act, and any income accumulated therefrom, where legally so directed by the
terms of the transaction by which the principal was established.
"Cemetery" means any land or structure in this State dedicated to and
used, or intended to be used, for the interment of human remains.
"Cemetery authority" means any person, firm, corporation, trustee,
partnership, association or municipality owning, operating, controlling or
managing a cemetery or holding lands for burial grounds or burial purposes
in this State.
"Mausoleum crypt" means a space in a mausoleum used or intended to be
used, above or under ground, to entomb human remains.
"Family burying ground" means a cemetery in which no lots are sold to
the public and in which interments are restricted to a group of persons
related to each other by blood or marriage.
"Fraternal cemetery" means a cemetery owned, operated, controlled, or
managed by any fraternal organization or auxiliary organizations thereof,
in which the sale of lots, graves, crypts or niches is restricted
principally to its members.
"Grave" means a space of ground in a cemetery, used, or intended to be
used, for burial.
"Investment Company Act of 1940" means Title 15, of the United States
Code, Sections 80a-1 to 80a-51, inclusive, as
"Investment Company" means any issuer (a) whose securities are
purchasable only with care funds or trust funds, or both; and (b) which is
an open and diversified management company as defined in and registered
under the "Investment Company Act of 1940"; and (c) which has entered into
an agreement with the Comptroller containing such provisions as the
Comptroller by regulation reasonably requires for the proper administration
of this Act.
"Municipal cemetery" means a cemetery owned, operated, controlled or
managed by any city, village, incorporated town, township, county, or other
municipal corporation, political subdivision, or instrumentality thereof
authorized by law to own, operate, or manage a cemetery.
"Niche" means a space in a columbarium used or intended to be used, for
inurnment of cremated human remains.
"Privately operated cemetery" means any entity that offers interment rights,
entombment rights, or inurnment rights, other than a
fraternal, municipal, State, federal or religious cemetery or a family burying
"Religious cemetery" means a cemetery owned, operated, controlled, or
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.
"State or federal cemetery" means a cemetery owned, operated,
controlled, or managed by any State or the federal government or any
political subdivision or instrumentality thereof.
"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 the consumer for use as a final resting place.
"Interment right" means the right to place individual human remains or
cremated human remains in a specific underground location selected by the
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
"Lawn crypt" means a permanent underground crypt usually constructed of
reinforced concrete or similar material installed in multiple units for the
entombment of human remains.
"Imputed value" means the retail price of comparable rights within the
same or similar area of the cemetery.
(Source: P.A. 92-651, eff. 7-11-02