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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17    trustee's name and address and the primary state or federal
18    regulator of the trustee as a corporate fiduciary.
19        (1.7) If funded by life insurance, it clearly
20    identifies the life insurance provider and the primary
21    regulator of the life insurance provider.
22        (2) It clearly identifies the provider's name and
23    address, the purchaser, and the beneficiary, if other than

 

 

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1    the purchaser.
2        (2.5) If the provider has branch locations, the
3    contract gives the purchaser the opportunity to identify
4    the branch at which the funeral will be provided.
5        (3) It contains a complete description of the funeral
6    merchandise and services to be provided and the price of
7    the merchandise and services, and it clearly discloses
8    whether the price of the merchandise and services is
9    guaranteed or not guaranteed as to price.
10            (A) Each guaranteed price contract shall contain
11        the following statement in 12 point bold type:
12            THIS CONTRACT GUARANTEES THE BENEFICIARY THE
13        SPECIFIC GOODS AND SERVICES CONTRACTED FOR. NO
14        ADDITIONAL CHARGES MAY BE REQUIRED. FOR DESIGNATED
15        GOODS AND SERVICES, ADDITIONAL CHARGES MAY BE INCURRED
16        FOR UNEXPECTED EXPENSES INCLUDING, BUT NOT LIMITED TO,
17        CASH ADVANCES, SHIPPING OF REMAINS FROM A DISTANT
18        PLACE, OR DESIGNATED HONORARIA ORDERED OR DIRECTED BY
19        SURVIVORS.
20            (B) Except as provided in subparagraph (C) of this
21        paragraph (3), each non-guaranteed price contract
22        shall contain the following statement in 12 point bold
23        type:
24            THIS CONTRACT DOES NOT GUARANTEE THE PRICE THE
25        BENEFICIARY WILL PAY FOR ANY SPECIFIC GOODS OR
26        SERVICES. ANY FUNDS PAID UNDER THIS CONTRACT ARE ONLY A

 

 

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1        DEPOSIT TO BE APPLIED TOWARD THE FINAL PRICE OF THE
2        GOODS OR SERVICES CONTRACTED FOR. ADDITIONAL CHARGES
3        MAY BE REQUIRED.
4            (C) If a non-guaranteed price contract may
5        subsequently become guaranteed, the contract shall
6        clearly disclose the nature of the guarantee and the
7        time, occurrence, or event upon which the contract
8        shall become a guaranteed price contract.
9        (4) It provides that if the particular supplies and
10    services specified in the pre-need contract are
11    unavailable at the time of delivery, the provider shall be
12    required to furnish supplies and services similar in style
13    and at least equal in quality of material and workmanship.
14        (5) It discloses any penalties or restrictions,
15    including but not limited to geographic restrictions or the
16    inability of the provider to perform, on the delivery of
17    merchandise, services, or pre-need contract guarantees.
18        (6) Regardless of the method of funding the pre-need
19    contract, the following must be disclosed:
20            (A) Whether the pre-need contract is to be funded
21        by a trust, life insurance, or an annuity;
22            (B) The nature of the relationship among the person
23        funding the pre-need contract, the provider, and the
24        seller; and
25            (C) The impact on the pre-need contract of (i) any
26        changes in the funding arrangement including but not

 

 

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

 

 

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1subdivision (a)(1), constitutes an intentional violation of
2this Act.
3    (d) All pre-need contracts must be in writing in at least
411 point type, numbered, and executed in duplicate. A signed
5copy of the pre-need contract must be provided to the purchaser
6at the time of entry into the pre-need contract. The
7Comptroller may by rule develop a model pre-need contract form
8that meets the requirements of this Act.
9    (e) The State Comptroller shall by rule develop a booklet
10for consumers in plain English describing the scope,
11application, and consumer protections of this Act. After the
12adoption of these rules, no pre-need contract shall be sold in
13this State unless (i) the seller distributes to the purchaser
14prior to the sale a booklet promulgated or approved for use by
15the State Comptroller; (ii) the seller explains to the
16purchaser the terms of the pre-need contract prior to the
17purchaser signing; and (iii) the purchaser initials a statement
18in the contract confirming that the seller has explained the
19terms of the contract prior to the purchaser signing.
20    (f) All sales proceeds received in connection with a
21pre-need contract shall be deposited into a trust account as
22provided in Section 1b and Section 2 of this Act, or shall be
23used to purchase a life insurance policy or tax-deferred
24annuity as provided in Section 2a of this Act.
25    (g) No pre-need contract shall be sold in this State unless
26it is accompanied by a funding mechanism permitted under this

 

 

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1Act, and unless the seller is licensed by the Comptroller as
2provided in Section 3 of this Act. Nothing in this Act is
3intended to relieve sellers of pre-need contracts from being
4licensed under any other Act required for their profession or
5business, and being subject to the rules promulgated to
6regulate their profession or business, including rules on
7solicitation and advertisement.
8    (h) Each pre-need contract entered into under this Section
9shall be registered on an online database maintained by the
10State Comptroller. Information to be included in the database
11shall include, but not be limited to, the name of licensee,
12purchaser, date of contract, amount of contract, and
13disposition of the funds. This information must be registered
14into the State Comptroller's online database within 45 days
15after the date of the pre-need contract.
16(Source: P.A. 96-879, eff. 2-2-10.)
 
17    (225 ILCS 45/2)  (from Ch. 111 1/2, par. 73.102)
18    Sec. 2. (a) If a purchaser selects a trust arrangement to
19fund the pre-need contract, all trust deposits as determined by
20Section 1b shall be made within 30 days of receipt.
21    (b) A trust established under this Act must be maintained
22with a corporate fiduciary as defined in Section 1-5.05 of the
23Corporate Fiduciary Act or with a foreign corporate fiduciary
24recognized by Article IV of the Corporate Fiduciary Act.
25    (c) Trust agreements and amendments to the trust agreements

 

 

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1used to fund a pre-need contract shall be filed with the
2Comptroller.
3    (d) (Blank).
4    (e) A seller or provider shall furnish to the trustee and
5depositary the name of each payor and the amount of payment on
6each such account for which deposit is being so made. Nothing
7shall prevent the trustee from commingling the deposits in any
8such trust fund for purposes of its management and the
9investment of its funds as provided in the Common Trust Fund
10Act. In addition, multiple trust funds maintained under this
11Act may be commingled or commingled with other funeral or
12burial related trust funds if all record keeping requirements
13imposed by law are met.
14    (f) (Blank).
15    (g) Upon no less than 30 days prior notice to the
16Comptroller, the seller may change the trustee of the fund.
17Failure to provide the Comptroller with timely prior notice is
18an intentional violation of this Act.
19    (h) A trustee shall at least annually furnish to each
20purchaser a statement containing: (1) the receipts,
21disbursements, and inventory of the trust, including an
22explanation of any fees or expenses charged by the trustee
23under Section 5 of this Act or otherwise, (2) an explanation of
24the purchaser's right to a refund, if any, under this Act, and
25(3) identifying the primary regulator of the trust as a
26corporate fiduciary under state or federal law.

 

 

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1(Source: P.A. 96-879, eff. 2-2-10.)
 
2    (225 ILCS 45/3)  (from Ch. 111 1/2, par. 73.103)
3    Sec. 3. Licensing.
4    (a) No person, firm, partnership, association or
5corporation may act as seller without first securing from the
6State Comptroller a license to so act. Application for such
7license shall be in writing, signed by the applicant and duly
8verified on forms furnished by the Comptroller. Each
9application shall contain at least the following:
10        (1) The full name and address (both residence and place
11    of business) of the applicant, and every member, officer
12    and director thereof if the applicant is a firm,
13    partnership, association, or corporation, and of every
14    shareholder holding more than 10% of the corporate stock if
15    the applicant is a corporation;
16        (2) A statement of the applicant's assets and
17    liabilities;
18        (3) The name and address of the applicant's principal
19    place of business at which the books, accounts, and records
20    shall be available for examination by the Comptroller as
21    required by this Act;
22        (4) The names and addresses of the applicant's branch
23    locations at which pre-need sales shall be conducted and
24    which shall operate under the same license number as the
25    applicant's principal place of business;

 

 

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1        (5) For each individual listed under item (1) above, a
2    detailed statement of the individual's business experience
3    for the 10 years immediately preceding the application; any
4    present or prior connection between the individual and any
5    other person engaged in pre-need sales; any felony or
6    misdemeanor convictions for which fraud was an essential
7    element; any charges or complaints lodged against the
8    individual for which fraud was an essential element and
9    which resulted in civil or criminal litigation; any failure
10    of the individual to satisfy an enforceable judgment
11    entered against him based upon fraud; and any other
12    information requested by the Comptroller relating to past
13    business practices of the individual. Since the
14    information required by this item (5) may be confidential
15    or contain proprietary information, this information shall
16    not be available to other licensees or the general public
17    and shall be used only for the lawful purposes of the
18    Comptroller in enforcing this Act;
19        (6) The name of the trustee and, if applicable, the
20    names of the advisors to the trustee, including a copy of
21    the proposed trust agreement under which the trust funds
22    are to be held as required by this Act; and
23        (7) Such other information as the Comptroller may
24    reasonably require in order to determine the qualification
25    of the applicant to be licensed under this Act.
26    (b) Applications for license shall be accompanied by a

 

 

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1fidelity bond executed by the applicant and a surety company
2authorized to do business in this State or an irrevocable,
3unconditional letter of credit issued by a bank, credit union,
4or trust company authorized to do business in the State of
5Illinois, as approved by the State Comptroller, in such amount
6not exceeding $10,000 as the Comptroller may require. If, after
7notice and an opportunity to be heard, it has been determined
8that a licensee has violated this Act within the past 5
9calendar years, the Comptroller may require an additional bond
10or letter of credit from the licensee from time to time in
11amounts equal to one-tenth of such trust funds, which bond or
12letter of credit shall run to the Comptroller for the use and
13benefit of the beneficiaries of such trust funds.
14    The licensee shall keep accurate accounts, books and
15records in this State, at the principal place of business
16identified in the licensee's license application or as
17otherwise approved by the Comptroller in writing, of all
18transactions, copies of all pre-need contracts, trust
19agreements, and other agreements, dates and amounts of payments
20made and accepted thereon, the names and addresses of the
21contracting parties, the persons for whose benefit such funds
22are accepted, and the names of the depositaries of such funds.
23Each licensee shall maintain the documentation for a period of
243 years after the licensee has fulfilled his obligations under
25the pre-need contract. Additionally, for a period not to exceed
266 months after the performance of all terms in a pre-need sales

 

 

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1contract, the licensee shall maintain copies of the contract at
2the licensee branch location where the contract was entered or
3at some other location agreed to by the Comptroller in writing.
4If an insurance policy or tax-deferred annuity is used to fund
5the pre-need contract, the licensee under this Act shall keep
6and maintain accurate accounts, books, and records in this
7State, at the principal place of business identified in the
8licensee's application or as otherwise approved by the
9Comptroller in writing, of all insurance policies and
10tax-deferred annuities used to fund the pre-need contract, the
11name and address of insured, annuitant, and initial
12beneficiary, and the name and address of the insurance company
13issuing the policy or annuity. If a life insurance policy or
14tax-deferred annuity is used to fund a pre-need contract, the
15licensee shall notify the insurance company of the name of each
16pre-need contract purchaser and the amount of each payment when
17the pre-need contract, insurance policy or annuity is
18purchased.
19    The licensee shall make reports to the Comptroller annually
20or at such other time as the Comptroller may require, on forms
21furnished by the Comptroller. The licensee shall file the
22annual report with the Comptroller within 75 days after the end
23of the licensee's fiscal year. The Comptroller shall for good
24cause shown grant an extension for the filing of the annual
25report upon the written request of the licensee. Such extension
26shall not exceed 60 days. If a licensee fails to submit an

 

 

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1annual report to the Comptroller within the time specified in
2this Section, the Comptroller shall impose upon the licensee a
3penalty of $5 per day for the first 15 days past due, $10 per
4day for 16 through 30 days past due, $15 per day for 31 through
545 days past due, and $20 per day for the 46th day and every day
6thereafter for each and every day the licensee remains
7delinquent in submitting the annual report. The Comptroller may
8abate all or part of the $5 daily penalty for good cause shown.
9Every application shall be accompanied by a check or money
10order in the amount of $25 and every report shall be
11accompanied by a check or money order in the amount of $10
12payable to: Comptroller, State of Illinois.
13    The licensee shall make all required books and records
14pertaining to trust funds, insurance policies, or tax-deferred
15annuities available to the Comptroller for examination. The
16Comptroller, or a person designated by the Comptroller who is
17trained to perform such examinations, may at any time
18investigate the books, records and accounts of the licensee
19with respect to trust funds, insurance policies, or
20tax-deferred annuities and for that purpose may require the
21attendance of and examine under oath all persons whose
22testimony he may require. The licensee shall pay a fee for such
23examination in accordance with a schedule established by the
24Comptroller. The fee shall not exceed the cost of such
25examination. For pre-need contracts funded by trust
26arrangements, the cost of an initial examination shall be borne

 

 

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1by the licensee if it has $10,000 or more in trust funds,
2otherwise, by the Comptroller. The charge made by the
3Comptroller for an examination shall be based upon the total
4amount of trust funds held by the licensee at the end of the
5calendar or fiscal year for which the report is required by
6this Act and shall be in accordance with the following
7schedule:
8Less than $10,000.................................no charge;
9$10,000 or more but less than $50,000...................$10;
10$50,000 or more but less than $100,000..................$40;
11$100,000 or more but less than $250,000.................$80;
12$250,000 or more........................................$100.
13    The Comptroller may order additional audits or
14examinations as he or she may deem necessary or advisable to
15ensure the safety and stability of the trust funds and to
16ensure compliance with this Act. These additional audits or
17examinations shall only be made after good cause is established
18by the Comptroller in the written order. The grounds for
19ordering these additional audits or examinations may include,
20but shall not be limited to:
21        (1) material and unverified changes or fluctuations in
22    trust balances or insurance or annuity policy amounts;
23        (2) the licensee changing trustees more than twice in
24    any 12-month period;
25        (3) any withdrawals or attempted withdrawals from the
26    trusts, insurance policies, or annuity contracts in

 

 

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1    violation of this Act; or
2        (4) failure to maintain or produce documentation
3    required by this Act for deposits into trust accounts,
4    trust investment activities, or life insurance or annuity
5    policies.
6    The licensee shall bear the full cost of that examination
7or audit, up to a maximum of $20,000. The Comptroller may elect
8to pay for the examination or audit and receive reimbursement
9from the licensee. Payment of the costs of the examination or
10audit by a licensee shall be a condition of receiving,
11maintaining, or renewing a license under this Act. All moneys
12received by the Comptroller for examination or audit fees shall
13be maintained in a separate account to be known as the
14Comptroller's Administrative Fund. This Fund, subject to
15appropriation by the General Assembly, may be utilized by the
16Comptroller for enforcing this Act and other purposes that may
17be authorized by law.
18    For pre-need contracts funded by life insurance or a
19tax-deferred annuity, the cost of an examination shall be borne
20by the licensee. The fee schedule for such examination shall be
21established in rules promulgated by the Comptroller. In the
22event such investigation or other information received by the
23Comptroller discloses a substantial violation of the
24requirements of this Act, the Comptroller shall revoke the
25license of such person upon a hearing as provided in this Act.
26Such licensee may terminate all further responsibility for

 

 

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1compliance with the requirements of this Act by voluntarily
2surrendering the license to the Comptroller, or in the event of
3its loss, furnishing the Comptroller with a sworn statement to
4that effect, which states the licensee's intention to
5discontinue acceptance of funds received under pre-need
6contracts. Such license or statement must be accompanied by an
7affidavit that said licensee has lawfully expended or refunded
8all funds received under pre-need contracts, and that the
9licensee will accept no additional sales proceeds. The
10Comptroller shall immediately cancel or revoke said license.
11(Source: P.A. 96-879, eff. 2-2-10.)
 
12    (225 ILCS 45/3a-5)
13    Sec. 3a-5. License requirements.
14    (a) Every license issued by the Comptroller shall state the
15number of the license, the business name and address of the
16licensee's principal place of business, each branch location
17also operating under the license, and the licensee's parent
18company, if any. The license shall be conspicuously posted in
19each place of business operating under the license. The
20Comptroller may issue such additional licenses as may be
21necessary for licensee branch locations upon compliance with
22the provisions of this Act governing an original issuance of a
23license for each new license.
24    (b) Individual salespersons representing a licensee shall
25not be required to obtain licenses in their individual

 

 

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1capacities, but must acknowledge, by affidavit, that they have
2been provided with a copy of and have read this Act. The
3licensee shall retain copies of the affidavits of its sellers
4for its records and shall make the affidavits available to the
5Comptroller for examination upon request.
6    (c) The licensee shall be responsible for the activities of
7any person representing the licensee in selling or offering a
8pre-need contract for sale.
9    (d) Any person not selling on behalf of a licensee shall
10obtain its own license.
11    (e) No license shall be transferable or assignable without
12the express written consent of the Comptroller. A transfer of
13more than 50% of the ownership of any business licensed
14hereunder shall be deemed to be an attempted assignment of the
15license originally issued to the licensee for which consent of
16the Comptroller shall be required.
17    (f) Every license issued hereunder shall be renewed every 5
18years for a renewal fee of $100. The renewal fee shall be
19deposited into the Comptroller's Administrative Fund remain in
20force until it has been suspended, surrendered, or revoked in
21accordance with this Act. The Comptroller, upon the request of
22an interested person or on his own motion, may issue new
23licenses to a licensee whose license or licenses have been
24revoked, if no factor or condition then exists which would have
25warranted the Comptroller to originally refuse the issuance of
26such license.

 

 

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1(Source: P.A. 92-419, eff. 1-1-02.)
 
2    Section 10. The Cemetery Oversight Act is amended by
3changing Sections 15-15, 15-40, and 75-55 as follows:
 
4    (225 ILCS 411/15-15)
5    (Section scheduled to be repealed on January 1, 2021)
6    Sec. 15-15. Care funds; deposits; investments.
7    (a) Whenever a cemetery authority accepts care funds,
8either in connection with the sale or giving away at an imputed
9value of an interment right, entombment right, or inurnment
10right, or in pursuance of a contract, or whenever, as a
11condition precedent to the purchase or acceptance of an
12interment right, entombment right, or inurnment right, such
13cemetery authority shall establish a care fund or deposit the
14funds in an already existing care fund.
15    (b) The cemetery authority shall execute and deliver to the
16person from whom it received the care funds an instrument in
17writing that shall specifically state: (i) the nature and
18extent of the care to be furnished and (ii) that such care
19shall be furnished only in so far as net income derived from
20the amount deposited in trust will permit (the income from the
21amount so deposited, less necessary expenditures of
22administering the trust, shall be deemed the net income).
23    (c) The setting-aside and deposit of care funds shall be
24made by such cemetery authority no later than 30 days after the

 

 

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1close of the month in which the cemetery authority gave away
2for an imputed value or received the final payment on the
3purchase price of interment rights, entombment rights, or
4inurnment rights, or received the final payment for the general
5or special care of a lot, grave, crypt, or niche or of a family
6mausoleum, memorial, marker, or monument, and such amounts
7shall be held by the trustee of the care funds of such cemetery
8authority in trust and in perpetuity for the specific purposes
9stated in the written instrument described in subsection (b).
10For all care funds received by a cemetery authority, except for
11care funds received by a cemetery authority pursuant to a
12specific gift, grant, contribution, payment, legacy, or
13contract that are subject to investment restrictions more
14restrictive than the investment provisions set forth in this
15Act, and except for care funds otherwise subject to a trust
16agreement executed by a person or persons responsible for
17transferring the specific gift, grant, contribution, payment,
18or legacy to the cemetery authority that contains investment
19restrictions more restrictive than the investment provisions
20set forth in this Act, the cemetery authority may, without the
21necessity of having to obtain prior approval from any court in
22this State, designate a new trustee in accordance with this Act
23and invest the care funds in accordance with this Section,
24notwithstanding any contrary limitation contained in the trust
25agreement.
26    (d) Any cemetery authority engaged in selling or giving

 

 

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1away at an imputed value interment rights, entombment rights,
2or inurnment rights, in conjunction with the selling or giving
3away at an imputed value any other merchandise or services not
4covered by this Act, shall be prohibited from increasing the
5sales price or imputed value of those items not requiring a
6care fund deposit under this Act with the purpose of allocating
7a lesser sales price or imputed value to items that require a
8care fund deposit.
9    (e) If any sale that requires a deposit to a cemetery
10authority's care fund is made by a cemetery authority on an
11installment basis, and the installment contract is factored,
12discounted, or sold to a third party, then the cemetery
13authority shall deposit the amount due to the care fund within
1430 days after the close of the month in which the installment
15contract was factored, discounted, or sold. If, subsequent to
16such deposit, the purchaser defaults on the contract such that
17no care fund deposit on that contract would have been required,
18then the cemetery authority may apply the amount deposited as a
19credit against future required deposits.
20    (f) The trust authorized by this Section shall be a single
21purpose trust fund. In the event of the cemetery authority's
22bankruptcy, insolvency, or assignment for the benefit of
23creditors, or an adverse judgment, the trust funds shall not be
24available to any creditor as assets of the cemetery authority
25or to pay any expenses of any bankruptcy or similar proceeding,
26but shall be retained intact to provide for the future

 

 

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1maintenance of the cemetery. Except in an action by the
2Department to revoke a license issued pursuant to this Act and
3for creation of a receivership as provided in this Act, the
4trust shall not be subject to judgment, execution, garnishment,
5attachment, or other seizure by process in bankruptcy or
6otherwise, nor to sale, pledge, mortgage, or other alienation,
7and shall not be assignable except as approved by the
8Comptroller Department.
9(Source: P.A. 96-863, eff. 3-1-10.)
 
10    (225 ILCS 411/15-40)
11    (Section scheduled to be repealed on January 1, 2021)
12    Sec. 15-40. Trust examinations and audits.
13    (a) The Comptroller Department shall examine at least
14annually every licensee who holds $250,000 or more in its care
15funds. For that purpose, the Comptroller Department shall have
16free access to the office and places of business and to such
17records of all licensees and of all trustees of the care funds
18of all licensees as shall relate to the acceptance, use, and
19investment of care funds. The Comptroller Department may
20require the attendance of and examine under oath all persons
21whose testimony may be required relative to such business. In
22such cases the Comptroller Department, or any qualified
23representative of the Comptroller Department whom the
24Comptroller Department may designate, may administer oaths to
25all such persons called as witnesses, and the Comptroller

 

 

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1Department, or any such qualified representative of the
2Comptroller Department, may conduct such examinations. The
3cost of an initial examination shall be determined by rule.
4    (b) The Comptroller Department may order additional audits
5or examinations as it may deem necessary or advisable to ensure
6the safety and stability of the trust funds and to ensure
7compliance with this Act. These additional audits or
8examinations shall only be made after good cause is established
9by the Comptroller Department in the written order. The grounds
10for ordering these additional audits or examinations may
11include, but shall not be limited to:
12        (1) material and unverified changes or fluctuations in
13    trust balances;
14        (2) the licensee changing trustees more than twice in
15    any 12-month period;
16        (3) any withdrawals or attempted withdrawals from the
17    trusts in violation of this Act; or
18        (4) failure to maintain or produce documentation
19    required by this Act.
20(Source: P.A. 96-863, eff. 3-1-10.)
 
21    (225 ILCS 411/75-55)
22    (Section scheduled to be repealed on January 1, 2021)
23    Sec. 75-55. Transition.
24    (a) Within 60 days after the effective date of this Act,
25the Comptroller shall provide the Department copies of records

 

 

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1in the Comptroller's possession pertaining to the Cemetery Care
2Act and the Crematory Regulation Act that are necessary for the
3Department's immediate responsibilities under this Act. All
4other records pertaining to the Cemetery Care Act with the
5exception of records pertaining to care funds and the Crematory
6Regulation Act shall be transferred to the Department by March
71, 2012. In the case of records that pertain both to the
8administration of the Cemetery Care Act or the Crematory
9Regulation Act and to a function retained by the Comptroller,
10the Comptroller, in consultation with the Department, shall
11determine, within 60 days after the repeal of the Cemetery Care
12Act, whether the records shall be transferred, copied, or left
13with the Comptroller; until this determination has been made
14the transfer shall not occur.
15    (b) (Blank). A person licensed under one of the Acts listed
16in subsection (a) of this Section or regulated under the
17Cemetery Association Act shall continue to comply with the
18provisions of those Acts until such time as the person is
19licensed under this Act or those Acts are repealed or the
20amendatory changes made by this amendatory Act of the 96th
21General Assembly take effect, as the case may be, whichever is
22earlier.
23    (c) To support the costs that may be associated with
24implementing and maintaining a licensure and regulatory
25process for the licensure and regulation of cemetery
26authorities, cemetery managers, customer service employees,

 

 

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1and cemetery workers, all cemetery authorities not maintaining
2a full exemption or partial exemption shall pay a one-time fee
3of $20 to the Department plus an additional charge of $1 per
4burial unit per year within the cemetery. The Department may
5establish forms for the collection of the fee established under
6this subsection and shall deposit such fee into the Cemetery
7Oversight Licensing and Disciplinary Fund. The Department may
8begin to collect the aforementioned fee after the effective
9date of this Act. In addition, the Department may establish
10rules for the collection process, which may include, but shall
11not be limited to, dates, forms, enforcement, or other
12procedures necessary for the effective collection, deposit,
13and overall process regarding this Section.
14    (d) Any cemetery authority that fails to pay to the
15Department the required fee or submits the incorrect amount
16shall be subject to the penalties provided for in Section
1725-110 of this Act.
18    (e) Except as otherwise specifically provided, all fees,
19fines, penalties, or other moneys received or collected
20pursuant to this Act shall be deposited in the Cemetery
21Oversight Licensing and Disciplinary Fund.
22    (f) (Blank). All proportionate funds held in the
23Comptroller's Administrative Fund related to unexpended moneys
24collected under the Cemetery Care Act and the Crematory
25Regulation Act shall be transferred to the Cemetery Oversight
26Licensing and Disciplinary Fund within 60 days after the

 

 

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1effective date of the repeal of the Cemetery Care Act.
2    (g) (Blank). Personnel employed by the Comptroller on
3February 29, 2012, to perform the duties pertaining to the
4administration of the Cemetery Care Act and the Crematory
5Regulation Act, are transferred to the Department on March 1,
62012.
7    The rights of State employees, the State, and its agencies
8under the Comptroller Merit Employment Code and applicable
9collective bargaining agreements and retirement plans are not
10affected under this Act, except that all positions transferred
11to the Department shall be subject to the Personnel Code
12effective March 1, 2012.
13    All transferred employees who are members of collective
14bargaining units shall retain their seniority, continuous
15service, salary, and accrued benefits. During the pendency of
16the existing collective bargaining agreement, the rights
17provided for under that agreement shall not be abridged.
18    The Department shall continue to honor during their
19pendency all bargaining agreements in effect at the time of the
20transfer and to recognize all collective bargaining
21representatives for the employees who perform or will perform
22functions transferred by this Act. For all purposes with
23respect to the management of the existing agreement and the
24negotiation and management of any successor agreements, the
25Department shall be deemed the employer of employees who
26perform or will perform functions transferred to the Department

 

 

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1by this Act.
2(Source: P.A. 96-863, eff. 3-1-10.)
 
3    Section 15. The Illinois Pre-Need Cemetery Sales Act is
4amended by changing Sections 6, 8, 14, 15, and 20 as follows:
 
5    (815 ILCS 390/6)  (from Ch. 21, par. 206)
6    Sec. 6. License application.
7    (a) An application for a license shall be made in writing
8to the Comptroller on forms prescribed by him or her, signed by
9the applicant under oath verified by a notary public, and
10accompanied by a non-returnable $125 $25 application fee, $100
11of which shall be deposited into the Comptroller's
12Administrative Fund. The Comptroller may prescribe abbreviated
13application forms for persons holding a license under the
14Cemetery Care Act. Applications (except abbreviated
15applications) must include at least the following information:
16        (1) The full name and address, both residence and
17    business, of the applicant if the applicant is an
18    individual; of every member if applicant is a partnership;
19    of every member of the Board of Directors if applicant is
20    an association; and of every officer, director and
21    shareholder holding more than 10% of the corporate stock if
22    applicant is a corporation;
23        (2) A detailed statement of applicant's assets and
24    liabilities;

 

 

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1        (2.1) The name and address of the applicant's principal
2    place of business at which the books, accounts, and records
3    are available for examination by the Comptroller as
4    required by this Act;
5        (2.2) The name and address of the applicant's branch
6    locations at which pre-need sales will be conducted and
7    which will operate under the same license number as the
8    applicant's principal place of business;
9        (3) For each individual listed under (1) above, a
10    detailed statement of the individual's business experience
11    for the 10 years immediately preceding the application; any
12    present or prior connection between the individual and any
13    other person engaged in pre-need sales; any felony or
14    misdemeanor convictions for which fraud was an essential
15    element; any charges or complaints lodged against the
16    individual for which fraud was an essential element and
17    which resulted in civil or criminal litigation; any failure
18    of the individual to satisfy an enforceable judgment
19    entered against him or her based upon fraud; and any other
20    information requested by the Comptroller relating to the
21    past business practices of the individual. Since the
22    information required by this paragraph may be confidential
23    or contain proprietary information, this information shall
24    not be available to other licensees or the general public
25    and shall be used only for the lawful purposes of the
26    Comptroller in enforcing this Act;

 

 

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1        (4) The name of the trustee and, if applicable, the
2    names of the advisors to the trustee, including a copy of
3    the proposed trust agreement under which the trust funds
4    are to be held as required by this Act;
5        (5) Where applicable, the name of the corporate surety
6    company providing the performance bond for the
7    construction of undeveloped spaces and a copy of the bond;
8    and
9        (6) Such other information as the Comptroller may
10    reasonably require in order to determine the qualification
11    of the applicant to be licensed under this Act.
12    (b) Applications for license shall be accompanied by a
13fidelity bond executed by the applicant and a security company
14authorized to do business in this State in such amount, not
15exceeding $10,000, as the Comptroller may require. The
16Comptroller may require additional bond from time to time in
17amounts equal to one-tenth of such trust funds but not to
18exceed $100,000, which bond shall run to the Comptroller for
19the use and benefit of the beneficiaries of such trust funds.
20Such licensee may by written permit of the Comptroller be
21authorized to operate without additional bond, except such
22fidelity bond as may be required by the Comptroller for the
23protection of the licensee against loss by default by any of
24its employees engaged in the handling of trust funds.
25    (c) Any application not acted upon within 90 days may be
26deemed denied.

 

 

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1(Source: P.A. 92-419, eff. 1-1-02.)
 
2    (815 ILCS 390/8)  (from Ch. 21, par. 208)
3    Sec. 8. (a) Every license issued by the Comptroller shall
4state the number of the license, the business name and address
5of the licensee's principal place of business, each branch
6location also operating under the license, and the licensee's
7parent company, if any. The license shall be conspicuously
8posted in each place of business operating under the license.
9The Comptroller may issue additional licenses as may be
10necessary for license branch locations upon compliance with the
11provisions of this Act governing an original issuance of a
12license for each new license.
13    (b) Individual salespersons representing a licensee shall
14not be required to obtain licenses in their individual
15capacities but must acknowledge, by affidavit, that they have
16been provided a copy of and have read this Act. The licensee
17must retain copies of the affidavits of its salespersons for
18its records and must make the affidavits available to the
19Comptroller for examination upon request.
20    (c) The licensee shall be responsible for the activities of
21any person representing the licensee in selling or offering a
22pre-need contract for sale.
23    (d) Any person not selling on behalf of a licensee shall be
24required to obtain his or her own license.
25    (e) Any person engaged in pre-need sales, as defined

 

 

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1herein, prior to the effective date of this Act may continue
2operations until the application for license under this Act is
3denied; provided that such person shall make application for a
4license within 60 days of the date that application forms are
5made available by the Comptroller.
6    (f) No license shall be transferable or assignable without
7the express written consent of the Comptroller. A transfer of
8more than 50% of the ownership of any business licensed
9hereunder shall be deemed to be an attempted assignment of the
10license originally issued to the licensee for which consent of
11the Comptroller shall be required.
12    (g) Every license issued hereunder shall be renewed every 5
13years for a fee of $100. The renewal fee shall be deposited
14into the Comptroller's Administrative Fund. The remain in force
15until the same has been suspended, surrendered or revoked in
16accordance with this Act, but the Comptroller, upon the request
17of an interested person or on his own motion, may issue new
18licenses to a licensee whose license or licenses have been
19revoked, if no factor or condition then exists which would have
20warranted the Comptroller in refusing originally the issuance
21of such license.
22(Source: P.A. 92-419, eff. 1-1-02.)
 
23    (815 ILCS 390/14)  (from Ch. 21, par. 214)
24    Sec. 14. Contract required.
25    (a) It is unlawful for any person doing business within

 

 

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1this State to accept sales proceeds, either directly or
2indirectly, by any means unless the seller enters into a
3pre-need sales contract with the purchaser which meets the
4following requirements:
5        (1) A written sales contract shall be executed in at
6    least 11 point type in duplicate for each pre-need sale
7    made by a licensee, and a signed copy given to the
8    purchaser. Each completed contract shall be numbered and
9    shall contain: (i) the name and address of the purchaser,
10    the principal office of the licensee, and the parent
11    company of the licensee; (ii) the name of the person, if
12    known, who is to receive the cemetery merchandise, cemetery
13    services or the completed interment, entombment or
14    inurnment spaces under the contract; and (iii) specific
15    identification of such merchandise, services or spaces to
16    be provided, if a specific space or spaces are contracted
17    for, and the price of the merchandise, services, or space
18    or spaces.
19        (2) In addition, such contracts must contain a
20    provision in distinguishing typeface as follows:
21        "Notwithstanding anything in this contract to the
22    contrary, you are afforded certain specific rights of
23    cancellation and refund under the Illinois Pre-Need
24    Cemetery Sales Act, enacted by the 84th General Assembly of
25    the State of Illinois".
26        (3) All pre-need sales contracts shall be sold on a

 

 

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1    guaranteed price basis. At the time of performance of the
2    service or delivery of the merchandise, the seller shall be
3    prohibited from assessing the purchaser or his heirs or
4    assigns or duly authorized representative any additional
5    charges for the specific merchandise and services listed on
6    the pre-need sales contract.
7        (4) Each contract shall clearly disclose that the price
8    of the merchandise or services is guaranteed and shall
9    contain the following statement in 12 point bold type:
10        "THIS CONTRACT GUARANTEES THE BENEFICIARY THE SPECIFIC
11    GOODS, SERVICES, INTERMENT SPACES, ENTOMBMENT SPACES, AND
12    INURNMENT SPACES CONTRACTED FOR. NO ADDITIONAL CHARGES MAY
13    BE REQUIRED FOR DESIGNATED GOODS, SERVICES, AND SPACES.
14    ADDITIONAL CHARGES MAY BE INCURRED FOR UNEXPECTED
15    EXPENSES."
16        (5) The pre-need sales contract shall provide that if
17    the particular cemetery services, cemetery merchandise, or
18    spaces specified in the pre-need contract are unavailable
19    at the time of delivery, the seller shall be required to
20    furnish services, merchandise, and spaces similar in style
21    and at least equal in quality of material and workmanship.
22        (6) The pre-need contract shall also disclose any
23    specific penalties to be incurred by the purchaser as a
24    result of failure to make payments; and penalties to be
25    incurred or moneys or refunds to be received as a result of
26    cancellation of the contract.

 

 

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1        (7) The pre-need contract shall disclose the nature of
2    the relationship between the provider and the seller.
3        (8) Each pre-need contract that authorizes the
4    delivery of cemetery merchandise to a licensed and bonded
5    warehouse shall provide that prior to or upon delivery of
6    the merchandise to the warehouse the title to the
7    merchandise and a warehouse receipt shall be delivered to
8    the purchaser or beneficiary. The pre-need contract shall
9    contain the following statement in 12 point bold type:
10    "THIS CONTRACT AUTHORIZES THE DELIVERY OF MERCHANDISE TO A
11    LICENSED AND BONDED WAREHOUSE FOR STORAGE OF THE
12    MERCHANDISE UNTIL THE MERCHANDISE IS NEEDED BY THE
13    BENEFICIARY. DELIVERY OF THE MERCHANDISE IN THIS MANNER MAY
14    PRECLUDE REFUND OF SALE PROCEEDS THAT ARE ATTRIBUTABLE TO
15    THE DELIVERED MERCHANDISE."
16        The purchaser shall initial the statement at the time
17    of entry into the pre-need contract.
18        (9) Each pre-need contract that authorizes the
19    placement of cemetery merchandise at the site of its
20    ultimate use prior to the time that the merchandise is
21    needed by the beneficiary shall contain the following
22    statement in 12 point bold type:
23    "THIS CONTRACT AUTHORIZES THE PLACEMENT OF MERCHANDISE AT
24    THE SITE OF ITS ULTIMATE USE PRIOR TO THE TIME THAT THE
25    MERCHANDISE IS NEEDED BY THE BENEFICIARY. DELIVERY OF THE
26    MERCHANDISE IN THIS MANNER MAY PRECLUDE REFUND OF SALE

 

 

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1    PROCEEDS THAT ARE ATTRIBUTABLE TO THE DELIVERED
2    MERCHANDISE."
3        The purchaser shall initial the statement at the time
4    of entry into the pre-need contract.
5        (10) Each pre-need contract that is funded by a trust
6    shall clearly identify the trustee's name and address and
7    the primary state or federal regulator of the trustee as a
8    corporate fiduciary.
9    (b) Every pre-need sales contract must be in writing. The
10Comptroller may by rule develop a model pre-need sales contract
11form that meets the requirements of this Act.
12    (c) To the extent the Rule is applicable, every pre-need
13sales contract is subject to the Federal Trade Commission Rule
14concerning the Cooling-Off Period for Door-to-Door Sales (16
15CFR Part 429).
16    (d) No pre-need sales contract may be entered into in this
17State unless there is a provider for the cemetery merchandise,
18cemetery services, and undeveloped interment, inurnment, and
19entombment spaces being sold. If the seller is not the
20provider, then the seller must have a binding agreement with a
21provider, and the identity of the provider and the nature of
22the agreement between the seller and the provider must be
23disclosed in the pre-need sales contract at the time of sale
24and before the receipt of any sale proceeds. The failure to
25disclose the identity of the provider, the nature of the
26agreement between the seller and the provider, or any changes

 

 

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1thereto to the purchaser and beneficiary, or the failure to
2make the disclosures required by this Section constitutes an
3intentional violation of this Act.
4    (e) No pre-need contract may be entered into in this State
5unless it is accompanied by a funding mechanism permitted under
6this Act and unless the seller is licensed by the Comptroller
7as provided in this Act. Nothing in this Act is intended to
8relieve providers or sellers of pre-need contracts from being
9licensed under any other Act required for their profession or
10business or from being subject to the rules promulgated to
11regulate their profession or business, including rules on
12solicitation and advertisement.
13    (f) No pre-need contract may be entered into in this State
14unless the seller explains to the purchaser the terms of the
15pre-need contract prior to the purchaser signing and the
16purchaser initials a statement in the contract confirming that
17the seller has explained the terms of the contract prior to the
18purchaser signing.
19    (g) The State Comptroller shall develop a booklet for
20consumers in plain English describing the scope, application,
21and consumer protections of this Act. After the booklet is
22developed, no pre-need contract may be sold in this State
23unless the seller distributes to the purchaser prior to the
24sale a booklet developed or approved for use by the State
25Comptroller.
26    (h) Each pre-need contract entered into under this Section

 

 

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1shall be registered on an online database maintained by the
2State Comptroller. Information to be included in the database
3shall include, but not be limited to, the name of licensee,
4purchaser, date of contract, amount of contract, and
5disposition of the funds. This information must be registered
6into the State Comptroller's online database within 45 days
7after the date of the pre-need contract.
8(Source: P.A. 96-879, eff. 2-2-10.)
 
9    (815 ILCS 390/15)  (from Ch. 21, par. 215)
10    Sec. 15. (a) Whenever a seller receives anything of value
11under a pre-need sales contract, the person receiving such
12value shall deposit 50% of all proceeds received into one or
13more trust funds maintained pursuant to this Section, except
14that, in the case of proceeds received for the purchase of
15outer burial containers, 85% of the proceeds shall be deposited
16into one or more trust funds. Such deposits shall be made until
17the amount deposited in trust equals 50% of the sales price of
18the cemetery merchandise, cemetery services and undeveloped
19spaces included in such contract, except that, in the case of
20deposits for outer burial containers, deposits shall be made
21until the amount deposited in trust equals 85% of the sales
22price. In the event an installment contract is factored,
23discounted or sold to a third party, the seller shall deposit
24an amount equal to 50% of the sales price of the installment
25contract, except that, for the portion of the contract

 

 

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1attributable to the sale of outer burial containers, the seller
2shall deposit an amount equal to 85% of the sales price.
3Proceeds required to be deposited in trust which are
4attributable to cemetery merchandise and cemetery services
5shall be held in a "Cemetery Merchandise Trust Fund". Proceeds
6required to be deposited in trust which are attributable to the
7sale of undeveloped interment, entombment or inurnment spaces
8shall be held in a "Pre-construction Trust Fund". If
9merchandise is delivered for storage in a bonded warehouse, as
10authorized herein, and payment of transportation or other
11charges totaling more than $20 will be required in order to
12secure delivery to the site of ultimate use, upon such delivery
13to the warehouse the seller shall deposit to the trust fund the
14full amount of the actual or estimated transportation charge.
15Transportation charges which have been prepaid by the seller
16shall not be deposited to trust funds maintained pursuant to
17this Section. As used in this Section, "all proceeds" means the
18entire amount paid by a purchaser in connection with a pre-need
19sales contract, including finance charges and Cemetery Care Act
20contributions, but excluding sales taxes and credit life
21insurance premiums.
22    (b) The seller shall act as trustee of all amounts received
23for cemetery merchandise, services, or undeveloped spaces
24until those amounts have been deposited into the trust fund.
25All trust deposits required by this Act shall be made within 30
26days following the end of the month of receipt. The seller must

 

 

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1retain a corporate fiduciary as an independent trustee for any
2amount of trust funds. Upon 30 days' prior written notice from
3the seller to the Comptroller, the seller may change the
4trustee of the trust fund. Failure to provide the Comptroller
5with timely prior notice is an intentional violation of this
6Act.
7    (c) A trust established under this Act must be maintained
8with a corporate fiduciary as defined in Section 1-5.05 of the
9Corporate Fiduciary Act or with a foreign corporate fiduciary
10recognized by Article IV of the Corporate Fiduciary Act.
11    (d) Funds deposited in the trust account shall be
12identified in the records of the seller by the name of the
13purchaser. Nothing shall prevent the trustee from commingling
14the deposits in any such trust fund for purposes of the
15management thereof and the investment of funds therein as
16provided in the "Common Trust Fund Act", approved June 24,
171949, as amended. In addition, multiple trust funds maintained
18pursuant to this Act may be commingled or commingled with other
19funeral or burial related trust funds, provided that all record
20keeping requirements imposed by or pursuant to law are met.
21    (e) In lieu of a pre-construction trust fund, a seller of
22undeveloped interment, entombment or inurnment spaces may
23obtain and file with the Comptroller a performance bond in an
24amount at least equal to 50% of the sales price of the
25undeveloped spaces or the estimated cost of completing
26construction, whichever is greater. The bond shall be

 

 

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1conditioned on the satisfactory construction and completion of
2the undeveloped spaces as required in Section 19 of this Act.
3    Each bond obtained under this Section shall have as surety
4thereon a corporate surety company incorporated under the laws
5of the United States, or a State, the District of Columbia or a
6territory or possession of the United States. Each such
7corporate surety company must be authorized to provide
8performance bonds as required by this Section, have paid-up
9capital of at least $250,000 in cash or its equivalent and be
10able to carry out its contracts. Each pre-need seller must
11provide to the Comptroller, for each corporate surety company
12such seller utilizes, a statement of assets and liabilities of
13the corporate surety company sworn to by the president and
14secretary of the corporation by January 1 of each year.
15    The Comptroller shall prohibit pre-need sellers from doing
16new business with a corporate surety company if the company is
17insolvent or is in violation of this Section. In addition the
18Comptroller may direct a pre-need seller to reinstate a
19pre-construction trust fund upon the Comptroller's
20determination that the corporate surety company no longer is
21sufficient security.
22    All performance bonds issued pursuant to this Section must
23be irrevocable during the statutory term for completing
24construction specified in Section 19 of this Act, unless
25terminated sooner by the completion of construction.
26    (f) Whenever any pre-need contract shall be entered into

 

 

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1and include 1) items of cemetery merchandise and cemetery
2services, and 2) rights to interment, inurnment or entombment
3in completed spaces without allocation of the gross sale price
4among the items sold, the application of payments received
5under the contract shall be allocated, first to the right to
6interment, inurnment or entombment, second to items of cemetery
7merchandise and cemetery services, unless some other
8allocation is clearly provided in the contract.
9    (g) Any person engaging in pre-need sales who enters into a
10combination sale which involves the sale of items covered by a
11trust or performance bond requirement and any item not covered
12by any entrustment or bond requirement, shall be prohibited
13from increasing the gross sales price of those items not
14requiring entrustment with the purpose of allocating a lesser
15gross sales price to items which require a trust deposit or a
16performance bond.
17(Source: P.A. 96-879, eff. 2-2-10.)
 
18    (815 ILCS 390/20)  (from Ch. 21, par. 220)
19    Sec. 20. Records.
20    (a) Each licensee must keep accurate accounts, books and
21records in this State at the principal place of business
22identified in the licensee's license application or as
23otherwise approved by the Comptroller in writing of all
24transactions, copies of agreements, dates and amounts of
25payments made or received, the names and addresses of the

 

 

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1contracting parties, the names and addresses of persons for
2whose benefit funds are received, if known, and the names of
3the trust depositories. Additionally, for a period not to
4exceed 6 months after the performance of all terms in a
5pre-need sales contract, the licensee shall maintain copies of
6each pre-need contract at the licensee branch location where
7the contract was entered or at some other location agreed to by
8the Comptroller in writing.
9    (b) Each licensee must maintain such records for a period
10of 3 years after the licensee shall have fulfilled his or her
11obligation under the pre-need contract or 3 years after any
12stored merchandise shall have been provided to the purchaser or
13beneficiary, whichever is later.
14    (c) Each licensee shall submit reports to the Comptroller
15annually, under oath, on forms furnished by the Comptroller.
16The annual report shall contain, but shall not be limited to,
17the following:
18        (1) An accounting of the principal deposit and
19    additions of principal during the fiscal year.
20        (2) An accounting of any withdrawal of principal or
21    earnings.
22        (3) An accounting at the end of each fiscal year, of
23    the total amount of principal and earnings held.
24    (d) The annual report shall be filed by the licensee with
25the Comptroller within 75 days after the end of the licensee's
26fiscal year. An extension of up to 60 days may be granted by

 

 

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1the Comptroller, upon a showing of need by the licensee. Any
2other reports shall be in the form furnished or specified by
3the Comptroller. If a licensee fails to submit an annual report
4to the Comptroller within the time specified in this Section,
5the Comptroller shall impose upon the licensee a penalty of $5
6per day for the first 15 days past due, $10 per day for 16
7through 30 days past due, $15 per day for 31 through 45 days
8past due, and $20 per day for the 46th day and every day
9thereafter for each and every day the licensee remains
10delinquent in submitting the annual report. The Comptroller may
11abate all or part of the $5 daily penalty for good cause shown.
12Each report shall be accompanied by a check or money order in
13the amount of $10 payable to: Comptroller, State of Illinois.
14    (e) On and after the effective date of this amendatory Act
15of the 91st General Assembly, a licensee may report all
16required information concerning the sale of outer burial
17containers on the licensee's annual report required to be filed
18under this Act and shall not be required to report that
19information under the Illinois Funeral or Burial Funds Act, as
20long as the information is reported under this Act.
21(Source: P.A. 91-7, eff. 1-1-00; 92-419, eff. 1-1-02.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.