Full Text of HB3486 100th General Assembly
HB3486eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Funeral or Burial Funds Act is | 5 | | amended by changing Sections 1 and 1a and by adding Section 1c | 6 | | as follows:
| 7 | | (225 ILCS 45/1) (from Ch. 111 1/2, par. 73.101)
| 8 | | Sec. 1. Payment under pre-need contract. Except as | 9 | | otherwise provided in
this Section, all sales proceeds
paid to | 10 | | any person, partnership, association
or corporation with | 11 | | respect to merchandise or services covered by this Act,
upon | 12 | | any agreement or contract, or any series or combination
of | 13 | | agreements or contracts, which has for a purpose the furnishing | 14 | | or
performance of funeral services, or the furnishing or | 15 | | delivery of any
personal property, merchandise, or services of | 16 | | any nature in connection
with the final disposition of a dead | 17 | | human body, including, but not
limited to, outer burial | 18 | | containers, urns, combination casket-vault units,
caskets and | 19 | | clothing, for future use at a time determinable by the death of | 20 | | the
person or persons whose body or bodies are to be so | 21 | | disposed of, shall be held
to be trust funds, and shall be | 22 | | placed in trust in accordance with Sections 1b
and 2, or shall | 23 | | be used to purchase life insurance or annuities in accordance
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| 1 | | with Section 2a. The person, partnership, association or | 2 | | corporation receiving
said payments under a pre-need contract | 3 | | is hereby declared to be a trustee
thereof until deposits of | 4 | | funds are made in accordance with Section 1b or 2a of
this Act.
| 5 | | This Section applies only to pre-need contracts entered | 6 | | into prior to the effective date of this amendatory Act of the | 7 | | 100th General Assembly. | 8 | | Nothing in this Act shall be construed to prohibit the | 9 | | inclusion of outer
burial containers in sales contracts under | 10 | | the Illinois Pre-Need Cemetery Sales
Act.
| 11 | | (Source: P.A. 96-879, eff. 2-2-10.)
| 12 | | (225 ILCS 45/1a) (from Ch. 111 1/2, par. 73.101a)
| 13 | | Sec. 1a.
For the purposes of this Act, the following terms | 14 | | shall have
the meanings specified, unless the context clearly | 15 | | requires another meaning:
| 16 | | "Beneficiary" means the person specified in the pre-need | 17 | | contract upon
whose death funeral services or merchandise shall | 18 | | be provided or delivered.
| 19 | | "Licensee" means a seller of a pre-need contract who has
| 20 | | been licensed by
the Comptroller under this Act.
| 21 | | "Outer burial container" means any container made of | 22 | | concrete,
steel, wood, fiberglass or similar material, used | 23 | | solely at the interment
site, and designed and used exclusively | 24 | | to surround or enclose a separate
casket and to support the | 25 | | earth above such casket, commonly known as a
burial vault, |
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| 1 | | grave box or grave liner, but not including a lawn
crypt as | 2 | | defined in the Illinois Pre-need Cemetery Sales Act.
| 3 | | "Parent company" means a corporation owning more than 12 | 4 | | cemeteries or
funeral homes in more than one state.
| 5 | | "Person" means any person, partnership, association, | 6 | | corporation, or
other entity.
| 7 | | "Pre-need contract" means any agreement or contract, or any | 8 | | series or
combination of agreements or contracts, whether | 9 | | funded by trust deposits or
life insurance policies or | 10 | | annuities, which has for a purpose the furnishing
or | 11 | | performance of funeral services or the furnishing or delivery | 12 | | of any
personal property, merchandise, or services of any | 13 | | nature in connection with
the final disposition of a dead human | 14 | | body. Nothing in this Act is intended to
regulate the content | 15 | | of a life insurance policy or a tax-deferred annuity.
| 16 | | "Provider" means a person who is obligated for furnishing | 17 | | or performing
funeral services or the furnishing or delivery of | 18 | | any personal property,
merchandise, or services of any nature | 19 | | in connection with the final disposition
of a dead human body.
| 20 | | "Purchaser" means the person who originally paid the money | 21 | | under or in
connection with a pre-need contract.
| 22 | | "Sales proceeds" means the entire amount paid to a seller, | 23 | | exclusive
of sales taxes paid by the seller, finance charges | 24 | | paid by the purchaser, and
credit life, accident or disability | 25 | | insurance premiums, upon any agreement or
contract, or series | 26 | | or combination of agreements or contracts, for the purpose
of |
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| 1 | | performing funeral services or furnishing personal property, | 2 | | merchandise, or
services of any nature in connection with the | 3 | | final disposition of a dead human
body, including, but not | 4 | | limited to, the retail price paid for such services
and | 5 | | personal property and merchandise.
| 6 | | "Purchase price" means sales proceeds less finance charges | 7 | | on
retail
installment contracts.
| 8 | | "Seller" means a the person , licensed as a funeral director | 9 | | or a funeral director and embalmer under the Funeral Directors | 10 | | and Embalmers Licensing Code, who sells or
offers to sell the | 11 | | pre-need contract
to a purchaser, whether funded by a trust | 12 | | agreement, life insurance policy,
or tax-deferred annuity , or | 13 | | other means agreed to by the purchaser and seller in the | 14 | | pre-need contract .
| 15 | | "Trustee" means a person authorized to hold funds under | 16 | | this Act.
| 17 | | (Source: P.A. 92-419, eff. 1-1-02.)
| 18 | | (225 ILCS 45/1c new) | 19 | | Sec. 1c. Disclosures; contract requirements. Before a | 20 | | seller and purchaser enter into a pre-need contract for funeral | 21 | | services or merchandise, the seller must disclose and fully | 22 | | explain what financial plans are offered by the seller and the | 23 | | funeral establishment. | 24 | | If a pre-need contract includes the sale of funeral | 25 | | services and merchandise: (1) the seller must be a funeral |
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| 1 | | director licensed under the Funeral Directors and Embalmers | 2 | | Licensing Code who is employed at the time of the sale of the | 3 | | contract by the funeral establishment through which the funeral | 4 | | services and merchandise will be provided, (2) the contract | 5 | | must be filled out by a funeral director licensed under the | 6 | | Funeral Directors and Embalmers Licensing Code, and (3) the | 7 | | contract may only be executed by a funeral director licensed | 8 | | under the Funeral Directors and Embalmers Licensing Code. | 9 | | Section 10. The Illinois Pre-Need Cemetery Sales Act is | 10 | | amended by changing Sections 4, 15, and 17 and by adding | 11 | | Section 15.5 as follows:
| 12 | | (815 ILCS 390/4) (from Ch. 21, par. 204)
| 13 | | Sec. 4. Definitions. As used in this Act, the following | 14 | | terms shall
have the meaning specified:
| 15 | | (A) "Pre-need sales contract" or "Pre-need sales" means any
| 16 | | agreement or contract or series or combination of agreements or | 17 | | contracts which
have for a purpose the sale of cemetery | 18 | | merchandise, cemetery services or
undeveloped interment, | 19 | | entombment or inurnment spaces where the terms of
such sale | 20 | | require payment or payments to be made at a currently | 21 | | determinable
time and where the merchandise, services or | 22 | | completed spaces are to be
provided more than 120 days | 23 | | following the initial payment on the account.
An agreement or | 24 | | contract for or a private sale of a casket, urn, floral |
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| 1 | | arrangement, memorial, marker, or monument shall not be
deemed | 2 | | a "pre-need sales contract" or a "pre-need sale" if the casket, | 3 | | urn, floral arrangement, memorial,
marker, or monument is | 4 | | delivered within 180 days following initial payment on
the | 5 | | account and work thereon commences a reasonably short time | 6 | | after initial
payment on the account.
| 7 | | (B) "Delivery" occurs when:
| 8 | | (1) Physical possession of
the merchandise is | 9 | | transferred or
the
easement for burial rights in a | 10 | | completed space is executed, delivered and
transferred to | 11 | | the buyer; or
| 12 | | (2) Following authorization by a purchaser under a | 13 | | pre-need sales
contract, title to the merchandise has been | 14 | | transferred to the
buyer and the
merchandise has been paid | 15 | | for and is in the possession of the seller who
has placed | 16 | | it, until needed, at the site of its ultimate use;
or
| 17 | | (3) Following authorization by a purchaser under a | 18 | | pre-need
sales
contract, the merchandise has been | 19 | | permanently identified
with the
name of the buyer or the | 20 | | beneficiary and delivered to a licensed and bonded
| 21 | | warehouse and both title to the merchandise and a warehouse | 22 | | receipt have
been delivered to the purchaser or beneficiary | 23 | | and a copy of the warehouse
receipt has been delivered to | 24 | | the licensee for retention in its files; except
that in the | 25 | | case of
outer burial containers, the use of a licensed and | 26 | | bonded warehouse as set
forth in this paragraph shall not |
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| 1 | | constitute delivery for purposes of this
Act. Nothing | 2 | | herein shall prevent a seller from perfecting a security | 3 | | interest
in accordance with the Uniform Commercial Code on | 4 | | any merchandise covered under
this Act.
| 5 | | All warehouse facilities to which sellers deliver
| 6 | | merchandise pursuant to this Act shall:
| 7 | | (i) be either located in the State of Illinois or | 8 | | qualify as a
foreign warehouse facility as defined | 9 | | herein;
| 10 | | (ii) submit to the Comptroller not less than | 11 | | annually, by March 1 of
each year, a report of all | 12 | | cemetery merchandise stored by each licensee
under | 13 | | this Act which is in storage on the date of the report;
| 14 | | (iii) permit the Comptroller or his designee at any | 15 | | time to examine
stored merchandise and to examine any | 16 | | documents pertaining thereto;
| 17 | | (iv) submit evidence satisfactory to the | 18 | | Comptroller that all
merchandise stored by said | 19 | | warehouse for licensees under this Act is
insured for | 20 | | casualty or other loss normally assumed by a bailee for | 21 | | hire;
| 22 | | (v) demonstrate to the Comptroller that the | 23 | | warehouse has procured and
is maintaining a | 24 | | performance bond in the form, content and amount
| 25 | | sufficient to unconditionally guarantee to the | 26 | | purchaser or beneficiary the
prompt shipment of the |
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| 1 | | cemetery merchandise.
| 2 | | (C) "Cemetery merchandise" means items of personal | 3 | | property normally
sold by a cemetery authority not covered | 4 | | under the Illinois Funeral or Burial
Funds Act, including but | 5 | | not limited to:
| 6 | | (1) memorials,
| 7 | | (2) markers,
| 8 | | (3) monuments,
| 9 | | (4) foundations, and
| 10 | | (5) outer burial containers.
| 11 | | (D) "Undeveloped interment, entombment or inurnment | 12 | | spaces" or
"undeveloped spaces" means any space to be used for | 13 | | the reception of human
remains that is not completely and | 14 | | totally constructed at the time of
initial payment therefor in | 15 | | a:
| 16 | | (1) lawn crypt,
| 17 | | (2) mausoleum,
| 18 | | (3) garden crypt,
| 19 | | (4) columbarium, or
| 20 | | (5) cemetery section.
| 21 | | (E) "Cemetery services" means those services customarily | 22 | | performed
by cemetery or crematory personnel in connection with | 23 | | the interment,
entombment, inurnment or cremation of a dead | 24 | | human body.
| 25 | | (F) "Cemetery section" means a grouping of spaces intended | 26 | | to be
developed simultaneously for the purpose of interring |
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| 1 | | human remains.
| 2 | | (G) "Columbarium" means an arrangement of niches that may | 3 | | be an entire
building, a complete room, a series of special | 4 | | indoor alcoves, a bank along
a corridor or part of an outdoor | 5 | | garden setting that is constructed of
permanent material such | 6 | | as bronze, marble, brick, stone or concrete for the
inurnment | 7 | | of human remains.
| 8 | | (H) "Lawn crypt" means a permanent underground crypt | 9 | | usually constructed
of reinforced concrete or similar material | 10 | | installed in multiple units for
the entombment of human | 11 | | remains.
| 12 | | (I) "Mausoleum" or "garden crypt" means a grouping of | 13 | | spaces constructed
of reinforced concrete or similar material | 14 | | constructed or assembled above
the ground for entombing human | 15 | | remains.
| 16 | | (J) "Memorials, markers and monuments" means the object | 17 | | usually comprised
of a permanent material such as granite or | 18 | | bronze used to identify and
memorialize the deceased.
| 19 | | (K) "Foundations" means those items used to affix or | 20 | | support a memorial
or monument to the ground in connection with | 21 | | the installation of a memorial,
marker or monument.
| 22 | | (L) "Person" means an individual, corporation, | 23 | | partnership, joint
venture, business trust, voluntary | 24 | | organization or any other form of entity.
| 25 | | (M) "Seller" means
any person selling or offering for sale | 26 | | cemetery
merchandise, cemetery services or undeveloped |
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| 1 | | interment, entombment, or
inurnment spaces in accordance with a | 2 | | pre-need sales contract. The seller must be licensed in the | 3 | | State of Illinois by the Department of Financial and | 4 | | Professional Regulation and shall attend at least 24 hours of | 5 | | continuing education in every 2-year period. The continuing | 6 | | education shall be approved by the Department of Financial and | 7 | | Professional Regulation.
| 8 | | (N) "Religious cemetery" means a cemetery owned, operated, | 9 | | controlled
or managed by any recognized church, religious | 10 | | society, association or
denomination or by any cemetery | 11 | | authority or any corporation administering,
or through which is | 12 | | administered, the temporalities of any recognized
church, | 13 | | religious society, association or denomination.
| 14 | | (O) "Municipal cemetery" means a cemetery owned, operated, | 15 | | controlled or
managed by any city, village, incorporated town, | 16 | | township, county or other
municipal corporation, political | 17 | | subdivision, or instrumentality thereof
authorized by law to | 18 | | own, operate or manage a cemetery. "Municipal cemetery" also | 19 | | includes a cemetery placed in receivership pursuant to this Act | 20 | | while such cemetery is in receivership.
| 21 | | (O-1) "Outer burial container" means a container made of | 22 | | concrete, steel,
wood, fiberglass, or similar material, used | 23 | | solely at the interment site, and
designed and used exclusively | 24 | | to surround or enclose a separate casket and to
support the | 25 | | earth above such casket, commonly known as a burial vault, | 26 | | grave
box, or grave liner, but not including a lawn crypt.
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| 1 | | (P) "Sales price" means the gross amount paid by a
| 2 | | purchaser on a
pre-need sales contract for cemetery | 3 | | merchandise, cemetery services or
undeveloped interment, | 4 | | entombment or inurnment spaces, excluding sales
taxes, credit | 5 | | life insurance premiums, finance charges and Cemetery Care
Act | 6 | | contributions.
| 7 | | (Q) (Blank).
| 8 | | (R) "Provider" means a person who is responsible for
| 9 | | performing cemetery services or furnishing cemetery
| 10 | | merchandise, interment spaces, entombment spaces, or
inurnment | 11 | | spaces under a pre-need sales contract.
| 12 | | (S) "Purchaser" or "buyer" means the person who
originally | 13 | | paid the money under or in connection with a
pre-need sales | 14 | | contract.
| 15 | | (T) "Parent company" means a corporation owning more than | 16 | | 12 cemeteries or
funeral homes in more than one state.
| 17 | | (U) "Foreign warehouse facility" means a warehouse | 18 | | facility
now or
hereafter located in any state or territory of | 19 | | the United States, including
the District of Columbia, other | 20 | | than the State of Illinois.
| 21 | | A foreign warehouse facility shall be deemed to have | 22 | | appointed the
Comptroller to be its true and lawful attorney | 23 | | upon whom may be served all
legal process in any action or | 24 | | proceeding against it relating to or growing
out of this Act, | 25 | | and the acceptance of the delivery of stored merchandise
under | 26 | | this Act shall be signification of its agreement that any such
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| 1 | | process against it which is so served, shall be of the same | 2 | | legal force and
validity as though served upon it personally.
| 3 | | Service of such process shall be made by delivering to and | 4 | | leaving with
the Comptroller, or any agent having charge of the | 5 | | Comptroller's Department
of Cemetery and Burial Trusts, a copy | 6 | | of such process and such service
shall be sufficient service | 7 | | upon such foreign warehouse facility if notice
of such service | 8 | | and a copy of the process are, within 10 days thereafter,
sent | 9 | | by registered mail by the plaintiff to the foreign warehouse | 10 | | facility
at its principal office and the plaintiff's affidavit | 11 | | of compliance
herewith is appended to the summons. The | 12 | | Comptroller shall keep a record
of all process served upon him | 13 | | under this Section and shall record therein
the time of such | 14 | | service.
| 15 | | (Source: P.A. 96-879, eff. 2-2-10.)
| 16 | | (815 ILCS 390/15) (from Ch. 21, par. 215)
| 17 | | Sec. 15.
(a) Whenever a seller receives anything of value | 18 | | under a
pre-need sales contract, the person receiving such | 19 | | value shall deposit 50%
of all proceeds received into one or | 20 | | more trust funds maintained pursuant
to this Section, except | 21 | | that, in the case of proceeds received for the
purchase of | 22 | | outer burial containers, 85% of the proceeds shall be deposited
| 23 | | into one or more trust funds. Such deposits shall be made until | 24 | | the amount
deposited in
trust equals 50% of the sales price of | 25 | | the cemetery merchandise, cemetery
services and undeveloped |
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| 1 | | spaces included in such contract, except that, in
the case of | 2 | | deposits for outer burial containers, deposits shall be made | 3 | | until
the amount deposited in trust equals 85% of the sales | 4 | | price. In the event
an
installment contract is factored, | 5 | | discounted or sold to a third party, the
seller shall deposit | 6 | | an amount equal to 50% of the sales price of the
installment | 7 | | contract, except that, for the portion of the contract
| 8 | | attributable to the sale of outer burial containers, the seller | 9 | | shall deposit
an amount equal to 85% of the sales price. | 10 | | Proceeds required to be deposited
in trust which
are
| 11 | | attributable to cemetery merchandise and cemetery services | 12 | | shall be held
in a "Cemetery Merchandise Trust Fund". Proceeds | 13 | | required to be deposited
in trust which are attributable to the | 14 | | sale of undeveloped interment,
entombment or inurnment spaces | 15 | | shall be held in a "Pre-construction Trust
Fund". If | 16 | | merchandise is delivered for storage in a bonded warehouse, as
| 17 | | authorized herein, and payment of transportation or other | 18 | | charges totaling
more than $20 will be required in order to | 19 | | secure delivery to the site of
ultimate use, upon such delivery | 20 | | to the warehouse the seller shall deposit
to the trust fund the | 21 | | full amount of the actual or estimated transportation
charge. | 22 | | Transportation charges which have been prepaid by the seller
| 23 | | shall not be deposited to trust funds maintained pursuant to | 24 | | this Section.
As used in this Section, "all proceeds" means the | 25 | | entire amount paid by a
purchaser in connection with a pre-need | 26 | | sales contract, including finance
charges and Cemetery Care Act |
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| 1 | | contributions, but excluding sales taxes
and credit life | 2 | | insurance premiums.
| 3 | | (b) The seller shall act as trustee of all amounts received | 4 | | for cemetery merchandise, services, or undeveloped spaces | 5 | | until those amounts have been deposited into the trust fund. | 6 | | All trust deposits required by this Act shall be made within 30 | 7 | | days
following the end of the month of receipt. The seller must | 8 | | retain a corporate fiduciary as an independent trustee for any | 9 | | amount of trust funds. Upon 30 days' prior written notice from | 10 | | the seller to the Comptroller, the seller may change the | 11 | | trustee of the trust fund. Failure to provide the Comptroller | 12 | | with timely prior notice is an intentional violation of this | 13 | | Act.
| 14 | | (c) A trust established under this Act must be maintained | 15 | | with a corporate fiduciary as defined in Section 1-5.05 of the | 16 | | Corporate Fiduciary Act or with a foreign corporate fiduciary | 17 | | recognized by Article IV of the Corporate Fiduciary Act.
| 18 | | (d) Funds deposited in the trust account shall be | 19 | | identified in the records
of the seller by the name of the | 20 | | purchaser. Nothing shall prevent the trustee
from commingling | 21 | | the deposits in any such trust fund for purposes of the
| 22 | | management thereof and the investment of funds therein as | 23 | | provided in the
"Common Trust Fund Act", approved June 24, | 24 | | 1949, as amended. In addition,
multiple trust funds maintained | 25 | | pursuant to this Act may be commingled or
commingled with other | 26 | | funeral or burial related trust funds, provided that
all record |
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| 1 | | keeping requirements imposed by or pursuant to law are met.
| 2 | | (e) In lieu of a pre-construction trust fund, a seller of | 3 | | undeveloped
interment, entombment or inurnment spaces may | 4 | | obtain and file with the
Comptroller a performance bond in an | 5 | | amount at least equal to 50% of the
sales price of the | 6 | | undeveloped spaces or the estimated cost of completing
| 7 | | construction, whichever is greater. The bond shall be | 8 | | conditioned on the
satisfactory construction and completion of | 9 | | the undeveloped spaces as
required in Section 19 of this Act.
| 10 | | Each bond obtained under this Section shall have as surety | 11 | | thereon a
corporate surety company incorporated under the laws | 12 | | of the United States,
or a State, the District of Columbia or a | 13 | | territory or possession of the
United States. Each such | 14 | | corporate surety company must be authorized to
provide | 15 | | performance bonds as required by this Section, have paid-up
| 16 | | capital of at least $250,000 in cash or its equivalent and be | 17 | | able to carry
out its contracts. Each pre-need seller must | 18 | | provide to the Comptroller,
for each corporate surety company | 19 | | such
seller utilizes, a statement of assets and liabilities of | 20 | | the corporate
surety company sworn to by the president and | 21 | | secretary
of the corporation by January 1 of each year.
| 22 | | The Comptroller shall prohibit pre-need sellers from doing | 23 | | new business
with a corporate surety company if the company is | 24 | | insolvent or is in
violation of this Section. In addition the | 25 | | Comptroller may direct a
pre-need seller to reinstate a | 26 | | pre-construction trust fund upon the
Comptroller's |
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| 1 | | determination that the corporate surety company no longer is
| 2 | | sufficient security.
| 3 | | All performance bonds issued pursuant to this Section must | 4 | | be irrevocable
during the statutory term for completing | 5 | | construction specified in Section
19 of this Act, unless | 6 | | terminated sooner by the completion of construction.
| 7 | | (f) Whenever any pre-need contract shall be entered into | 8 | | and include 1)
items of cemetery merchandise and cemetery | 9 | | services, and 2) rights to
interment, inurnment or entombment | 10 | | in completed spaces without allocation
of the gross sale price | 11 | | among the items sold, the application of payments
received | 12 | | under the contract shall be allocated, first to the right to
| 13 | | interment, inurnment or entombment, second to items of cemetery | 14 | | merchandise
and cemetery services, unless some other | 15 | | allocation is clearly provided
in the contract.
| 16 | | (g) Any person engaging in pre-need sales who enters into a | 17 | | combination
sale which involves the sale of items covered by a | 18 | | trust or performance
bond requirement and any item not covered | 19 | | by any entrustment or bond
requirement, shall be prohibited | 20 | | from increasing the gross sales price of
those items not | 21 | | requiring entrustment with the purpose of allocating a
lesser | 22 | | gross sales price to items which require a trust deposit or a
| 23 | | performance bond.
| 24 | | (h) This Section applies only to pre-need sales entered | 25 | | into prior to the effective date of this amendatory Act of the | 26 | | 100th General Assembly. |
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| 1 | | (Source: P.A. 96-879, eff. 2-2-10; 97-593, eff. 8-26-11.)
| 2 | | (815 ILCS 390/15.5 new) | 3 | | Sec. 15.5. Disclosures; options. Beginning on the | 4 | | effective date of this amendatory Act of the 100th General | 5 | | Assembly, before a seller and purchaser enter into a pre-need | 6 | | sales contract, the seller must disclose and fully explain that | 7 | | the purchaser may fund the pre-need sales contract by choosing | 8 | | one of the following options: | 9 | | (1) depositing funds into a local banking institution | 10 | | of the purchaser's choosing; | 11 | | (2) depositing funds into a trust program operated by | 12 | | the seller; or | 13 | | (3) other means offered by the seller. | 14 | | The purchaser shall then choose one of those options.
| 15 | | (815 ILCS 390/17) (from Ch. 21, par. 217)
| 16 | | Sec. 17.
(a) The principal and undistributed income of the | 17 | | trust created
pursuant to Section 15 or Section 15.5 of this | 18 | | Act shall be paid to the seller if:
| 19 | | (1) the seller certifies by sworn affidavit to the trustee | 20 | | that the purchaser
or the beneficiary named in the pre-need | 21 | | contract has deceased and that
seller has fully delivered or | 22 | | installed all items included in the pre-need
contract and fully | 23 | | performed all pre-need cemetery services he is required to
| 24 | | perform under the pre-need contract; or
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| 1 | | (2) the seller certifies by sworn affidavit to the trustee | 2 | | that seller
has made full delivery, as defined herein.
| 3 | | (Source: P.A. 84-239.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 225 ILCS 45/1 | from Ch. 111 1/2, par. 73.101 | | 4 | | 225 ILCS 45/1a | from Ch. 111 1/2, par. 73.101a | | 5 | | 225 ILCS 45/1c new | | | 6 | | 815 ILCS 390/4 | from Ch. 21, par. 204 | | 7 | | 815 ILCS 390/15 | from Ch. 21, par. 215 | | 8 | | 815 ILCS 390/15.5 new | | | 9 | | 815 ILCS 390/17 | from Ch. 21, par. 217 |
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