HB1074ham001 95TH GENERAL ASSEMBLY

State Government Administration Committee

Filed: 3/7/2007

09500HB1074ham001 LRB095 09808 RAS 32784 a

AMENDMENT TO HOUSE BILL 1074

AMENDMENT NO. ______. Amend House Bill 1074 by replacing everything after the enacting clause with the following:

"Section 5. The Cemetery Care Act is amended by adding Section 12.1 and by changing Section 14 as follows:

(760 ILCS 100/12.1 new)

Sec. 12.1. Any cemetery association, as established pursuant to the Cemetery Association Act, holding $75,000 or less in its care funds, in lieu of complying with the annual report requirements of Section 12 of this Act, shall file with the Comptroller a financial report containing information required by the Comptroller. Each report shall be made under oath and shall be in the form furnished by the Comptroller. The report shall be filed free of cost. If any financial report shows that the amount of the care funds held in trust at the end of the preceding calendar year or fiscal year, as the case may be, has increased in amount greater than $75,000, then, for the next calendar or fiscal year, as the case may be, the cemetery association shall file an annual report as required under Section 12 of this Act.

(760 ILCS 100/14) (from Ch. 21, par. 64.14)

Sec. 14. The Comptroller may at any time investigate the cemetery business of every licensee with respect to its care funds. The Comptroller shall examine at least annually every licensee who holds $750,000 $250,000 or more in its care funds. For that purpose, the Comptroller shall have free access to the office and places of business and to such records of all licensees and of all trustees of the care funds of all licensees as shall relate to the acceptance, use and investment of care funds. The Comptroller may require the attendance of and examine under oath all persons whose testimony he may require relative to such business and in such cases the Comptroller or any qualified representative of the Comptroller whom the Comptroller may designate, may administer oaths to all such persons called as witnesses, and the Comptroller, or any such qualified representative of the Comptroller, may conduct such examinations. The cost of an initial examination shall be borne by the cemetery authority if it has $10,000 or more in such fund; otherwise, by the Comptroller. The charge made by the Comptroller for such examination shall be based upon the total amount of care funds held by the cemetery authority as of the end of the calendar or fiscal year for which a report is required by Section 12 of this Act and shall be in accordance with the following schedule:

less than $10,000.........................no charge;

$10,000 or more but less than

$50,000.....................................$10;

$50,000 or more but less than

$100,000....................................$40;

$100,000 or more but less than

$250,000....................................$80;

$250,000 or more....................................$100.

Any licensee which is not required to be examined annually shall submit an annual report to the Comptroller containing such information as the Comptroller reasonably may request.

The Comptroller may order additional audits or examinations as he or she may deem necessary or advisable to ensure the safety and stability of the trust funds and to ensure compliance with this Act. These additional audits or examinations shall only be made after good cause is established by the Comptroller in the written order. The grounds for ordering these additional audits or examinations may include, but shall not be limited to:

(1) material and unverified changes or fluctuations in trust balances;

(2) the licensee changing trustees more than twice in any 12-month period;

(3) any withdrawals or attempted withdrawals from the trusts in violation of this Act; or

(4) failure to maintain or produce documentation required by this Act for deposits into trust accounts or trust investment activities.

Prior to ordering an additional audit or examination, the Comptroller shall request the licensee to respond and comment upon the factors identified by the Comptroller as warranting the subsequent examination or audit. The licensee shall have 30 days to provide a response to the Comptroller. If the Comptroller decides to proceed with the additional examination or audit, the licensee shall bear the full cost of that examination or audit, up to a maximum of $7,500. The Comptroller may elect to pay for the examination or audit and receive reimbursement from the licensee. Payment of the costs of the examination or audit by a licensee shall be a condition of receiving or maintaining a license under this Act. All moneys received by the Comptroller for examination or audit fees shall be maintained in a separate account to be known as the Comptroller's Administrative Fund. This Fund, subject to appropriation by the General Assembly, may be utilized by the Comptroller for enforcing this Act and other purposes that may be authorized by law.

(Source: P.A. 89-615, eff. 8-9-96.)

Section 99. Effective date. This Act takes effect January 1, 2008.".