[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
|[ Introduced ]||[ House Amendment 001 ]|
90_HB2435eng 760 ILCS 100/2 from Ch. 21, par. 64.2 760 ILCS 100/9 from Ch. 21, par. 64.9 Amends the Cemetery Care Act. Removes from the definition of "care" overhead expense and maintenance of records of lot ownership, transfers, and burials. Provides that the definition of "care" does not include the compensation of employees the preponderance of whose duties do not involve the maintenance of the cemetery. Provides that a cemetery authority owning, operating, controlling, or managing a privately operated cemetery shall make application for a license within 30 days whenever it is newly organized and desires to be licensed to accept care funds or whenever there is a sale or transfer of a controlling interest. LRB9008386NTsb HB2435 Engrossed LRB9008386NTsb 1 AN ACT to amend the Cemetery Care Act by changing 2 Sections 2 and 15b. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Cemetery Care Act is amended by changing 6 Sections 2 and 15b as follows: 7 (760 ILCS 100/2) (from Ch. 21, par. 64.2) 8 Sec. 2. Definitions. The following words, terms and 9 phrases used in this Act, for the purpose of this Act, have 10 the following meanings: 11 "Person" means any person, partnership, association, 12 corporation, or other entity. 13 "Trustee" means any person authorized to hold funds under 14 this Act. 15 "Comptroller" means the Comptroller of the State of 16 Illinois. 17 "Care" means the maintenance of a cemetery and of the 18 lots, graves, crypts, niches, family mausoleums, memorials, 19 and markers therein; including: (i) the cutting and trimming 20 of lawn, shrubs, and trees at reasonable intervals; (ii) 21 keeping in repair the drains, water lines, roads, buildings, 22 fences, and other structures, in keeping with a well 23 maintained cemetery; (iii)
also overhead expense necessary24 for such purposes, includingmaintenance of machinery, tools, 25 and equipment for such care; (iv) compensation of employees, 26 payment of insurance premiums, and reasonable payments for 27 employees pension and other benefits plans; and (v) to the 28 extent surplus income from the care fund is available, the 29 payment of overhead expenses necessary for such purposes ,and 30 for maintaining necessary records of lot ownership, 31 transfers, and burials. HB2435 Engrossed -2- LRB9008386NTsb 1 "Care funds" as distinguished from receipts from annual 2 charges or gifts for current or annual care, means any realty 3 or personalty impressed with a trust by the terms of any 4 gift, grant, contribution, payment, legacy, or pursuant to 5 contract, accepted by any cemetery authority owning, 6 operating, controlling or managing a privately operated 7 cemetery, or by any trustee or licensee, agent or custodian 8 for the same, under Section 3 of this Act, and the amounts 9 set aside under Section 4 of this Act, and any income 10 accumulated therefrom, where legally so directed by the terms 11 of the transaction by which the principal was established. 12 "Cemetery" means any land or structure in this State 13 dedicated to and used, or intended to be used, for the 14 interment of human remains. 15 "Cemetery authority" means any person, firm, corporation, 16 trustee, partnership, association or municipality owning, 17 operating, controlling or managing a cemetery or holding 18 lands for burial grounds or burial purposes in this State. 19 "Mausoleum crypt" means a space in a mausoleum used or 20 intended to be used, above or under ground, to entomb human 21 remains. 22 "Family burying ground" means a cemetery in which no lots 23 are sold to the public and in which interments are restricted 24 to a group of persons related to each other by blood or 25 marriage. 26 "Fraternal cemetery" means a cemetery owned, operated, 27 controlled, or managed by any fraternal organization or 28 auxiliary organizations thereof, in which the sale of lots, 29 graves, crypts or niches is restricted principally to its 30 members. 31 "Grave" means a space of ground in a cemetery, used, or 32 intended to be used, for burial. 33 "Investment Company Act of 1940" means Title 15, of the 34 United States Code, Sections 80a-1 to 80a-51, inclusive, as HB2435 Engrossed -3- LRB9008386NTsb 1 amended. 2 "Investment Company" means any issuer (a) whose 3 securities are purchasable only with care funds or trust 4 funds, or both; and (b) which is an open and diversified 5 management company as defined in and registered under the 6 "Investment Company Act of 1940"; and (c) which has entered 7 into an agreement with the Comptroller containing such 8 provisions as the Comptroller by regulation reasonably 9 requires for the proper administration of this Act. 10 "Municipal cemetery" means a cemetery owned, operated, 11 controlled or managed by any city, village, incorporated 12 town, township, county, or other municipal corporation, 13 political subdivision, or instrumentality thereof authorized 14 by law to own, operate, or manage a cemetery. 15 "Niche" means a space in a columbarium used or intended 16 to be used, for inurnment of cremated human remains. 17 "Privately operated cemetery" means any entity that 18 offers interment rights, entombment rights or inurnments 19 rights, other than a fraternal, municipal, State, federal or 20 religious cemetery or a family burying ground. 21 "Religious cemetery" means a cemetery owned, operated, 22 controlled, or managed by any recognized church, religious 23 society, association or denomination, or by any cemetery 24 authority or any corporation administering, or through which 25 is administered, the temporalities of any recognized church, 26 religious society, association or denomination. 27 "State or federal cemetery" means a cemetery owned, 28 operated, controlled, or managed by any State or the federal 29 government or any political subdivision or instrumentality 30 thereof. 31 "Entombment right" means the right to place individual 32 human remains or individual cremated human remains in a 33 specific mausoleum crypt or lawn crypt selected by the 34 consumer for use as a final resting place. HB2435 Engrossed -4- LRB9008386NTsb 1 "Interment right" means the right to place individual 2 human remains or cremated human remains in a specific 3 underground location selected by the consumer for use as a 4 final resting place. 5 "Inurnment right" means the right to place individual 6 cremated human remains in a specific niche selected by the 7 consumer for use as a final resting place. 8 "Lawn crypt" means a permanent underground crypt usually 9 constructed of reinforced concrete or similar material 10 installed in multiple units for the entombment of human 11 remains. 12 "Imputed value" means the retail price of comparable 13 rights within the same or similar area of the cemetery. 14 (Source: P.A. 88-477.) 15 (760 ILCS 100/15b) 16 Sec. 15b. Sales; liability of purchaser for shortage. 17 In the case of a sale of any privately operated cemetery 18 or any part thereof or of any related personal property by a 19 cemetery authority to a purchaser or pursuant to foreclosure 20 proceedings, except the sale of burial rights, services, or 21 merchandise to a person for his or her personal or family 22 burial or interment, the purchaser is liable for any 23 shortages existing before or after the sale in the care funds 24 required to be maintained in a trust pursuant to this Act and 25 shall honor all instruments issued under Section 4 for that 26 cemetery. Any shortages existing in the care funds constitute 27 a prior lien in favor of the trust for the total value of the 28 shortages, and notice of such lien shall be provided in all 29 sales instruments. 30 In the event of a sale or transfer of all or 31 substantially all of the assets of the cemetery authority, 32 the sale or transfer of the controlling interest of the 33 corporate stock of the cemetery authority if the cemetery HB2435 Engrossed -5- LRB9008386NTsb 1 authority is a corporation, or the sale or transfer of the 2 controlling of the partnership if the cemetery authority is a 3 partnership, the cemetery authority shall, at least 21 days 4 prior to the sale or transfer, notify the Comptroller, in 5 writing, of the pending date of sale or transfer so as to 6 permit the Comptroller to audit the books and records of the 7 cemetery authority. The audit must be commenced within 5 8 business days of the receipt of the notification and 9 completed within the 21 day notification period unless the 10 Comptroller notifies the cemetery authority during that 11 period that there is a basis for determining a deficiency 12 which will require additional time to finalize. The sale or 13 transfer may not be completed by the cemetery authority 14 unless and until: 15 (a) The Comptroller has completed the audit of the 16 cemetery authority's books and records; 17 (b) Any delinquency existing in the care funds has 18 been paid by the cemetery authority, or arrangements 19 satisfactory to the Comptroller have been made by the 20 cemetery authority on the sale or transfer for the 21 payment of any delinquency; 22 (c) The Comptroller issues a new cemetery care 23 license upon application of the newly controlled 24 corporation or partnership, which license must be applied 25 for within 30 days of the anticipated date of the sale or 26 transfer, subject to the payment of any delinquencies, if 27 any, as stated in item (b) above. 28 For purposes of this Section, a person, firm, 29 corporation, partnership, or institution that acquires the 30 cemetery through a real estate foreclosure shall be subject 31 to the provisions of this Section. The sale or transfer of 32 the controlling interest of a cemetery authority to an 33 immediate family member is not subject to the license 34 application process required in item (c) of this Section. HB2435 Engrossed -6- LRB9008386NTsb 1 (Source: P.A. 88-477.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.
[ Top ]