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91_HB2081
LRB9103838DJcd
1 AN ACT to amend the Cemetery Care Act by changing
2 Sections 12 and 15.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Cemetery Care Act is amended by changing
6 Sections 12 and 15 follows:
7 (760 ILCS 100/12) (from Ch. 21, par. 64.12)
8 Sec. 12. Annual reports. Every licensee shall prepare a
9 written report as of the end of the preceding calendar year
10 or fiscal year, as the case may be, showing:
11 (a) The amount of the principal of the care funds held
12 in trust by the trustee of the care funds at the beginning of
13 such year and in addition thereto all moneys or property
14 received during such year (1) under and by virtue of the sale
15 of a lot, grave, crypt or niche; (2) under or by virtue of
16 the terms of the contract authorized by the provisions of
17 Section 3 of this Act; (3) under or by virtue of any gift,
18 grant, legacy, payment or other contribution made either
19 prior to or subsequent to the effective date of this Act, and
20 (4) under or by virtue of any contract or conveyance made
21 either prior to or subsequent to the effective date of this
22 Act;
23 (b) The securities in which such care funds are invested
24 and the cash on hand as of the date of the report;
25 (c) The income received from such care funds during the
26 preceding calendar year, or fiscal year, as the case may be;
27 (d) The expenditures made from said income during the
28 preceding calendar year, or fiscal year, as the case may be;
29 and
30 (e) The number of interments made during the preceding
31 calendar year, or fiscal year, as the case may be.
-2- LRB9103838DJcd
1 Where any of the care funds of a licensee are held by an
2 independent trustee, the report filed by the licensee shall
3 contain a certificate signed by the trustee of the care funds
4 of such licensee certifying to the truthfulness of the
5 statements in the report as to (1) the total amount of
6 principal of the care funds held by the trustee, (2) the
7 securities in which such care funds are invested and the cash
8 on hand as of the date of the report and (3) the income
9 received from such care funds during the preceding calendar
10 year, or fiscal year, as the case may be.
11 Such report shall be filed by such licensee on or before
12 March 15 of each calendar year, in the office of the
13 Comptroller. If the fiscal year of such licensee is other
14 than on a calendar year basis, then such licensee shall file
15 the report required by this Section within 2 1/2 months of
16 the end of its fiscal year. The Comptroller shall for good
17 cause shown grant an extension for the filing of the annual
18 report upon the written request of the licensee. Such
19 extension shall not exceed 60 days. If a licensee fails to
20 submit an annual report to the Comptroller within the time
21 specified in this Section, the Comptroller shall impose upon
22 the licensee a penalty of $5 for each and every day the
23 licensee remains delinquent in submitting the annual report
24 if the period of delinquency is 30 days or less. If the
25 period of delinquency is more than 30 days, the Comptroller
26 shall impose upon the licensee a penalty of $5 for each of
27 the first 30 days as described in the preceding sentence and,
28 in addition, a penalty of $25 for each and every day in
29 excess of 30 days that the licensee remains delinquent in
30 submitting the annual report.
31 Such report shall be made under oath and shall be in the
32 form furnished by the Comptroller. Each report shall be
33 accompanied by a check or money order in the amount of $10,
34 payable to: Comptroller, State of Illinois.
-3- LRB9103838DJcd
1 If any annual report shows that the amount of the care
2 funds held in trust at the end of the preceding calendar year
3 or fiscal year, as the case may be, has increased in amount
4 over that shown by the next preceding report, then the
5 fidelity bond theretofore filed shall be increased to the
6 amount required by Section 9 of this Act. Such increased
7 fidelity bond shall accompany the report and no report shall
8 be accepted by the Comptroller unless accompanied by such
9 bond, except where the filing of a bond is excused by Section
10 18 of this Act.
11 (Source: P.A. 88-477; 89-615, eff. 8-9-96.)
12 (760 ILCS 100/15) (from Ch. 21, par. 64.15)
13 Sec. 15. Revocation of license. The Comptroller may,
14 upon 10 days' notice to the licensee, by United States mail
15 directed to the licensee at the address set forth in the
16 license, stating the contemplated action and, in general, the
17 grounds therefor, and upon reasonable opportunity to be heard
18 prior to such action, revoke any license issued hereunder if
19 he finds that:
20 (a) The licensee has failed to make the annual report
21 within 6 months after the date the report was due or to
22 maintain in effect the required bond or to comply with an
23 order, decision, or finding of the Comptroller made pursuant
24 to this Act; or that
25 (b) The licensee has violated any provision of this Act
26 or any regulation or direction made by the Comptroller under
27 this Act; or that
28 (c) Any fact or condition exists which, if it had
29 existed at the time of the original application for such
30 license, would have warranted the Comptroller in refusing the
31 issuance of the license.
32 (Source: P.A. 78-592.)
-4- LRB9103838DJcd
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.