91st General Assembly
Summary of HB2081
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House Sponsors:
MOFFITT-SLONE-HOFFMAN-SMITH,MICHAEL-LEITCH, HOLBROOK, 
   SCOTT AND OSMOND.

Senate Sponsors:
SHADID-HAWKINSON-SULLIVAN

Short description: 
CEMETERY CARE-LICENSE                                                      

Synopsis of Bill as introduced:
        Amends the Cemetery Care Act.  If a licensee  under  the  Act  is      
   delinquent   in   submitting   the   required  annual  report  to  the      
   Comptroller, provides for a penalty of $5 for each day of  delinquency      
   up  to  30  days and $25 for each day in excess of 30 days (now $5 per      
   day for any period).  Authorizes revocation of a license  for  failure      
   to  make  the  annual  report within 6 months after it is due (now, no      
   period of time is specified).  Effective immediately.                       
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          760 ILCS 100/12                                                      
          760 ILCS 100/15                                                      
          Adds reference to:                                                   
          760 ILCS 100/9                  from Ch. 21, par. 64.9               
        Deletes everything. Amends the Cemetery Care Act.  Provides that,      
   before issuing any  license  under  the  Act,  the  Comptroller  shall      
   conduct  an  evaluation of the prospective licensee's prior experience      
   with operation of any other cemetery or cemetery authority.   Provides      
   that  the Comptroller may deny the license if the prospective licensee      
   or any employee or officer of the prospective licensee  has  committed      
   certain  acts  related  to  the  management  of a cemetery or cemetery      
   authority or has been convicted of a felony.  Effective immediately.        
        HOUSE AMENDMENT NO. 3.                                                 
          Deletes reference to:                                                
          760 ILCS 100/9                                                       
          Adds reference to:                                                   
          760 ILCS 100/12                 from Ch. 21, par. 64.12              
        Deletes everything.  Amends  the  Cemetery  Care  Act.   Makes  a      
   stylistic change in a Section concerning annual reports.                    
        HOUSE AMENDMENT NO. 4.                                                 
          Deletes reference to:                                                
          760 ILCS 100/12                                                      
          Adds reference to:                                                   
          760 ILCS 100/15                 from Ch. 21, par. 64.15              
        Deletes everything.  Amends the Cemetery Care Act. Provides  that      
   a  ground  for  revocation  of a license is any fact or condition that      
   would constitute grounds for denying an application for a new  license      
   (rather than any fact or condition that would have warranted a refusal      
   to issue a license). Effective immediately.                                 
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          225 ILCS 45/1                   from Ch. 111 1/2, par. 73.101        
          815 ILCS 390/4                  from Ch. 21, par. 204                
          815 ILCS 390/14                 from Ch. 21, par. 214                
          815 ILCS 390/15                 from Ch. 21, par. 215                
          815 ILCS 390/20                 from Ch. 21, par. 220                
        Amends the Illinois Funeral or Burial Funds Act to  specify  that      
   nothing  in the Act prohibits the inclusion of outer burial containers      
   in sales contracts under the Illinois  Pre-Need  Cemetery  Sales  Act.      
   Amends  the  Illinois  Pre-Need  Cemetery  Sales  Act to include outer      
   burial containers among the cemetery merchandise that may  be  offered      
   in  a  pre-need  sales  contract  under the Act.  Provides that 85% of      
   proceeds received for the purchase of outer burial containers shall be      
   deposited into one or more trust  funds.   Provides  that  a  licensee      
   under  the  Act  may  report  information concerning the sale of outer      
   burial containers on the annual report required under the Act and need      
   not report it under the Illinois Funeral or Burial Funds Act. Makes         
   all of these changes effective January 1, 2000.                             
        SENATE AMENDMENT NO. 2.                                                
          Adds reference to:                                                   
          225 ILCS 45/4a                                                       
          225 ILCS 45/4b new                                                   
          760 ILCS 100/4                  from Ch. 21, par. 64.4               
          815 ILCS 390/16                 from Ch. 21, par. 216                
          815 ILCS 390/16.5 new                                                
        Further amends the Illinois Funeral or Burial Funds Act, the Cem-      
   etery Care Act, and the Illinois Pre-Need Cemetery Sales Act. Provides      
   that except in an action by the Comptroller to revoke a license issued      
   pursuant to any of those Acts and for creation of a receivership, a         
   trust under the Act shall not be subject to judgment, execution, or         
   other seizure, nor to sale or other alienation, and shall not be as-        
   signable except as approved by the Comptroller. Provides that in the        
   event of the bankruptcy, insolvency, or assignment for the benefit of       
   creditors of a licensee under any of the Acts, or in the event of the       
   bankruptcy, insolvency, or assignment for the benefit of creditors of       
   any person, partnership, association, corporation, or other entity          
   that possesses a controlling interest in a licensee, the licensee           
   shall provide notice in writing of that event to each purchaser of a        
   pre-need sales contract or a pre-need contract within 30 days. Re-          
   places amendatory changes to the Illinois Pre-Need Cemetery Sales Act       
   concerning contract requirements; adds additional requirements. Re-         
   places amendatory changes to the Illinois Pre-Need Cemetery Sales Act       
   concerning licensees' reports of information in their annual reports.       
   Provides that the amendatory Act takes effect upon becoming law, ex-        
   cept that (1) the changes to the Illinois Funeral or Burial Funds Act       
   concerning payments under pre-need contracts and (2) the changes to         
   the Illinois Pre-Need Cemetery Sales Act concerning definitions, con-       
   tract requirements, establishment of trust funds, and licensees re-         
   cords take effect on January 1, 2000.                                       
 
Last action on Bill: PUBLIC ACT.............................. 91-0007

   Last action date: 99-06-01

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   3     SENATE -   2


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