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91_SB0259sam001
LRB9100773ACcdam
1 AMENDMENT TO SENATE BILL 259
2 AMENDMENT NO. . Amend Senate Bill 259, on page 1, by
3 replacing lines 6 and 7 with the following:
4 "amended by changing Section 1 as follows:"; and
5 on page 2, by deleting lines 6 through 33; and
6 by deleting pages 3 through 9; and
7 on page 10, by deleting lines 1 through 9; and
8 on page 10, line 11, by replacing "Sections 4 and 15" with
9 "Sections 4, 14, 15, and 20"; and
10 on page 11, line 5, after "beneficiary", by inserting ";
11 except that in the case of outer burial containers, the use
12 of a licensed and bonded warehouse as set forth in this
13 paragraph shall not constitute delivery for purposes of this
14 Act"; and
15 on page 15, immediately below line 9, by inserting the
16 following:
17 "(815 ILCS 390/14) (from Ch. 21, par. 214)
18 Sec. 14. A written sales contract shall be executed in
19 duplicate for each pre-need sale made by a licensee, and a
20 signed copy given to the purchaser. Each completed contract
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1 shall be numbered and shall contain the name of the purchaser
2 and the seller, the name of the person, if known, who is to
3 receive the cemetery merchandise, cemetery services or the
4 completed interment, entombment or inurnment spaces under the
5 contract and specifically identify such merchandise, services
6 or spaces. In addition, such contracts must contain a
7 provision in distinguishing typeface substantially as follow:
8 "Notwithstanding anything in this contract to the
9 contrary, you are afforded certain specific rights of
10 cancellation and refund under Sections 18 and 19 of the
11 Illinois Pre-Need Cemetery Sales Act, enacted by the 84th
12 General Assembly of the State of Illinois".
13 All pre-need sales contracts shall be sold on a
14 guaranteed price basis. At the time of performance of the
15 service or delivery of the merchandise, the seller shall be
16 prohibited from assessing the purchaser or his heirs or
17 assigns or duly authorized representative any additional
18 charges for the specific merchandise and services listed on
19 the pre-need sales contract.
20 All pre-need sales contracts must be in writing and no
21 pre-need contract form shall be used without prior filing
22 with the Comptroller. The Comptroller shall review all
23 pre-need sales contract forms and shall prohibit the use of
24 contract forms that do not meet the requirements of this Act
25 upon written notification to the seller. Any use or
26 attempted use of any oral pre-need sales contract or any
27 written pre-need sales contract in a form not filed with the
28 Comptroller or in a form that does not meet the requirements
29 of this Act shall be deemed a violation of this Act.
30 (Source: P.A. 85-805.)"; and
31 on page 18, immediately below line 23, by inserting the
32 following:
33 "(815 ILCS 390/20) (from Ch. 21, par. 220)
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1 Sec. 20. (a) Each licensee must keep accurate accounts,
2 books and records in this State of all transactions, copies
3 of agreements, dates and amounts of payments made or
4 received, the names and addresses of the contracting parties,
5 the names and addresses of persons for whose benefit funds
6 are received, if known, and the names of the trust
7 depositories.
8 (b) Each licensee must maintain such records for a
9 period of 3 years after the licensee shall have fulfilled his
10 obligation under the pre-need contract or 3 years after any
11 stored merchandise shall have been provided to the purchaser
12 or beneficiary, whichever is later.
13 (c) Each licensee shall submit reports to the
14 Comptroller annually, under oath, on forms furnished by the
15 Comptroller. The annual report shall contain, but shall not
16 be limited to, the following:
17 (1) An accounting of the principal deposit and
18 additions of principal during the fiscal year.
19 (2) An accounting of any withdrawal of principal or
20 earnings.
21 (3) An accounting at the end of each fiscal year,
22 of the total amount of principal and earnings held.
23 (d) The annual report shall be filed by the licensee
24 with the Comptroller within 75 days after the end of the
25 licensee's fiscal year. An extension of up to 60 days may be
26 granted by the Comptroller, upon a showing of need by the
27 licensee. Any other reports shall be in the form furnished
28 or specified by the Comptroller. If a licensee fails to
29 submit an annual report to the Comptroller within the time
30 specified in this Section, the Comptroller shall impose upon
31 the licensee a penalty of $5 for each and every day the
32 licensee remains delinquent in submitting the annual report.
33 Each report shall be accompanied by a check or money order in
34 the amount of $10 payable to: Comptroller, State of
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1 Illinois.
2 (e) On and after the effective date of this Amendatory
3 Act, a licensee may report all required information
4 concerning the sale of outer burial containers on the
5 licensee's annual report required to be filed under this Act
6 and shall not be required to report that information under
7 the Illinois Funeral or Burial Funds Act.
8 (Source: P.A. 88-477.)".