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| [ Introduced ] | [ House Amendment 001 ] |
90_HB2435eng
760 ILCS 100/2 from Ch. 21, par. 64.2
760 ILCS 100/9 from Ch. 21, par. 64.9
Amends the Cemetery Care Act. Removes from the
definition of "care" overhead expense and maintenance of
records of lot ownership, transfers, and burials. Provides
that the definition of "care" does not include the
compensation of employees the preponderance of whose duties
do not involve the maintenance of the cemetery. Provides
that a cemetery authority owning, operating, controlling, or
managing a privately operated cemetery shall make application
for a license within 30 days whenever it is newly organized
and desires to be licensed to accept care funds or whenever
there is a sale or transfer of a controlling interest.
LRB9008386NTsb
HB2435 Engrossed LRB9008386NTsb
1 AN ACT to amend the Cemetery Care Act by changing
2 Sections 2 and 15b.
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 2 and 15b as follows:
7 (760 ILCS 100/2) (from Ch. 21, par. 64.2)
8 Sec. 2. Definitions. The following words, terms and
9 phrases used in this Act, for the purpose of this Act, have
10 the following meanings:
11 "Person" means any person, partnership, association,
12 corporation, or other entity.
13 "Trustee" means any person authorized to hold funds under
14 this Act.
15 "Comptroller" means the Comptroller of the State of
16 Illinois.
17 "Care" means the maintenance of a cemetery and of the
18 lots, graves, crypts, niches, family mausoleums, memorials,
19 and markers therein; including: (i) the cutting and trimming
20 of lawn, shrubs, and trees at reasonable intervals; (ii)
21 keeping in repair the drains, water lines, roads, buildings,
22 fences, and other structures, in keeping with a well
23 maintained cemetery; (iii) also overhead expense necessary
24 for such purposes, including maintenance of machinery, tools,
25 and equipment for such care; (iv) compensation of employees,
26 payment of insurance premiums, and reasonable payments for
27 employees pension and other benefits plans; and (v) to the
28 extent surplus income from the care fund is available, the
29 payment of overhead expenses necessary for such purposes, and
30 for maintaining necessary records of lot ownership,
31 transfers, and burials.
HB2435 Engrossed -2- LRB9008386NTsb
1 "Care funds" as distinguished from receipts from annual
2 charges or gifts for current or annual care, means any realty
3 or personalty impressed with a trust by the terms of any
4 gift, grant, contribution, payment, legacy, or pursuant to
5 contract, accepted by any cemetery authority owning,
6 operating, controlling or managing a privately operated
7 cemetery, or by any trustee or licensee, agent or custodian
8 for the same, under Section 3 of this Act, and the amounts
9 set aside under Section 4 of this Act, and any income
10 accumulated therefrom, where legally so directed by the terms
11 of the transaction by which the principal was established.
12 "Cemetery" means any land or structure in this State
13 dedicated to and used, or intended to be used, for the
14 interment of human remains.
15 "Cemetery authority" means any person, firm, corporation,
16 trustee, partnership, association or municipality owning,
17 operating, controlling or managing a cemetery or holding
18 lands for burial grounds or burial purposes in this State.
19 "Mausoleum crypt" means a space in a mausoleum used or
20 intended to be used, above or under ground, to entomb human
21 remains.
22 "Family burying ground" means a cemetery in which no lots
23 are sold to the public and in which interments are restricted
24 to a group of persons related to each other by blood or
25 marriage.
26 "Fraternal cemetery" means a cemetery owned, operated,
27 controlled, or managed by any fraternal organization or
28 auxiliary organizations thereof, in which the sale of lots,
29 graves, crypts or niches is restricted principally to its
30 members.
31 "Grave" means a space of ground in a cemetery, used, or
32 intended to be used, for burial.
33 "Investment Company Act of 1940" means Title 15, of the
34 United States Code, Sections 80a-1 to 80a-51, inclusive, as
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1 amended.
2 "Investment Company" means any issuer (a) whose
3 securities are purchasable only with care funds or trust
4 funds, or both; and (b) which is an open and diversified
5 management company as defined in and registered under the
6 "Investment Company Act of 1940"; and (c) which has entered
7 into an agreement with the Comptroller containing such
8 provisions as the Comptroller by regulation reasonably
9 requires for the proper administration of this Act.
10 "Municipal cemetery" means a cemetery owned, operated,
11 controlled or managed by any city, village, incorporated
12 town, township, county, or other municipal corporation,
13 political subdivision, or instrumentality thereof authorized
14 by law to own, operate, or manage a cemetery.
15 "Niche" means a space in a columbarium used or intended
16 to be used, for inurnment of cremated human remains.
17 "Privately operated cemetery" means any entity that
18 offers interment rights, entombment rights or inurnments
19 rights, other than a fraternal, municipal, State, federal or
20 religious cemetery or a family burying ground.
21 "Religious cemetery" means a cemetery owned, operated,
22 controlled, or managed by any recognized church, religious
23 society, association or denomination, or by any cemetery
24 authority or any corporation administering, or through which
25 is administered, the temporalities of any recognized church,
26 religious society, association or denomination.
27 "State or federal cemetery" means a cemetery owned,
28 operated, controlled, or managed by any State or the federal
29 government or any political subdivision or instrumentality
30 thereof.
31 "Entombment right" means the right to place individual
32 human remains or individual cremated human remains in a
33 specific mausoleum crypt or lawn crypt selected by the
34 consumer for use as a final resting place.
HB2435 Engrossed -4- LRB9008386NTsb
1 "Interment right" means the right to place individual
2 human remains or cremated human remains in a specific
3 underground location selected by the consumer for use as a
4 final resting place.
5 "Inurnment right" means the right to place individual
6 cremated human remains in a specific niche selected by the
7 consumer for use as a final resting place.
8 "Lawn crypt" means a permanent underground crypt usually
9 constructed of reinforced concrete or similar material
10 installed in multiple units for the entombment of human
11 remains.
12 "Imputed value" means the retail price of comparable
13 rights within the same or similar area of the cemetery.
14 (Source: P.A. 88-477.)
15 (760 ILCS 100/15b)
16 Sec. 15b. Sales; liability of purchaser for shortage.
17 In the case of a sale of any privately operated cemetery
18 or any part thereof or of any related personal property by a
19 cemetery authority to a purchaser or pursuant to foreclosure
20 proceedings, except the sale of burial rights, services, or
21 merchandise to a person for his or her personal or family
22 burial or interment, the purchaser is liable for any
23 shortages existing before or after the sale in the care funds
24 required to be maintained in a trust pursuant to this Act and
25 shall honor all instruments issued under Section 4 for that
26 cemetery. Any shortages existing in the care funds constitute
27 a prior lien in favor of the trust for the total value of the
28 shortages, and notice of such lien shall be provided in all
29 sales instruments.
30 In the event of a sale or transfer of all or
31 substantially all of the assets of the cemetery authority,
32 the sale or transfer of the controlling interest of the
33 corporate stock of the cemetery authority if the cemetery
HB2435 Engrossed -5- LRB9008386NTsb
1 authority is a corporation, or the sale or transfer of the
2 controlling of the partnership if the cemetery authority is a
3 partnership, the cemetery authority shall, at least 21 days
4 prior to the sale or transfer, notify the Comptroller, in
5 writing, of the pending date of sale or transfer so as to
6 permit the Comptroller to audit the books and records of the
7 cemetery authority. The audit must be commenced within 5
8 business days of the receipt of the notification and
9 completed within the 21 day notification period unless the
10 Comptroller notifies the cemetery authority during that
11 period that there is a basis for determining a deficiency
12 which will require additional time to finalize. The sale or
13 transfer may not be completed by the cemetery authority
14 unless and until:
15 (a) The Comptroller has completed the audit of the
16 cemetery authority's books and records;
17 (b) Any delinquency existing in the care funds has
18 been paid by the cemetery authority, or arrangements
19 satisfactory to the Comptroller have been made by the
20 cemetery authority on the sale or transfer for the
21 payment of any delinquency;
22 (c) The Comptroller issues a new cemetery care
23 license upon application of the newly controlled
24 corporation or partnership, which license must be applied
25 for within 30 days of the anticipated date of the sale or
26 transfer, subject to the payment of any delinquencies, if
27 any, as stated in item (b) above.
28 For purposes of this Section, a person, firm,
29 corporation, partnership, or institution that acquires the
30 cemetery through a real estate foreclosure shall be subject
31 to the provisions of this Section. The sale or transfer of
32 the controlling interest of a cemetery authority to an
33 immediate family member is not subject to the license
34 application process required in item (c) of this Section.
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1 (Source: P.A. 88-477.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.