State of Illinois
90th General Assembly
Legislation

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90_HB2435ham001

                                             LRB9008386NTsbam
 1                    AMENDMENT TO HOUSE BILL 2435
 2        AMENDMENT NO.     .  Amend House Bill  2435  on  page  1,
 3    lines  2  and  6,  by replacing "9" each time it appears with
 4    "15b"; and
 5    on page  1,  by  replacing  lines  17  through  30  with  the
 6    following:
 7        ""Care"  means  the  maintenance of a cemetery and of the
 8    lots, graves, crypts, niches, family  mausoleums,  memorials,
 9    and  markers therein; including: (i) the cutting and trimming
10    of lawn, shrubs, and  trees  at  reasonable  intervals;  (ii)
11    keeping  in repair the drains, water lines, roads, buildings,
12    fences,  and  other  structures,  in  keeping  with  a   well
13    maintained  cemetery;  (iii)  also overhead expense necessary
14    for such purposes, including maintenance of machinery, tools,
15    and equipment for such care; (iv) compensation of  employees,
16    payment  of  insurance  premiums, and reasonable payments for
17    employees pension and other benefits plans; and  (v)  to  the
18    extent  surplus  income  from the care fund is available, the
19    payment of overhead expenses necessary for such purposes, and
20    for  maintaining  necessary   records   of   lot   ownership,
21    transfers, and burials."; and
22    on  page  4,  by  replacing  lines  14  through  33  with the
23    following:
                            -2-              LRB9008386NTsbam
 1        "(760 ILCS 100/15b)
 2        Sec. 15b.  Sales; liability of purchaser for shortage.
 3        In the case of a sale of any privately operated  cemetery
 4    or  any part thereof or of any related personal property by a
 5    cemetery authority to a purchaser or pursuant to  foreclosure
 6    proceedings,  except  the sale of burial rights, services, or
 7    merchandise to a person for his or  her  personal  or  family
 8    burial   or  interment,  the  purchaser  is  liable  for  any
 9    shortages existing before or after the sale in the care funds
10    required to be maintained in a trust pursuant to this Act and
11    shall honor all instruments issued under Section 4  for  that
12    cemetery. Any shortages existing in the care funds constitute
13    a prior lien in favor of the trust for the total value of the
14    shortages,  and  notice of such lien shall be provided in all
15    sales instruments.
16        In  the  event  of  a  sale  or  transfer   of   all   or
17    substantially  all  of  the assets of the cemetery authority,
18    the sale or transfer  of  the  controlling  interest  of  the
19    corporate  stock  of  the  cemetery authority if the cemetery
20    authority is a corporation, or the sale or  transfer  of  the
21    controlling of the partnership if the cemetery authority is a
22    partnership,  the  cemetery authority shall, at least 21 days
23    prior to the sale or transfer,  notify  the  Comptroller,  in
24    writing,  of  the  pending  date of sale or transfer so as to
25    permit the Comptroller to audit the books and records of  the
26    cemetery  authority.   The  audit  must be commenced within 5
27    business  days  of  the  receipt  of  the  notification   and
28    completed  within  the  21 day notification period unless the
29    Comptroller  notifies  the  cemetery  authority  during  that
30    period that there is a basis  for  determining  a  deficiency
31    which  will require additional time to finalize.  The sale or
32    transfer may not  be  completed  by  the  cemetery  authority
33    unless and until:
34             (a)  The  Comptroller has completed the audit of the
                            -3-              LRB9008386NTsbam
 1        cemetery authority's books and records;
 2             (b)  Any delinquency existing in the care funds  has
 3        been  paid  by  the  cemetery  authority, or arrangements
 4        satisfactory to the Comptroller have  been  made  by  the
 5        cemetery  authority  on  the  sale  or  transfer  for the
 6        payment of any delinquency;
 7             (c)  The Comptroller  issues  a  new  cemetery  care
 8        license   upon   application   of  the  newly  controlled
 9        corporation or partnership, which license must be applied
10        for within 30 days of the anticipated date of the sale or
11        transfer, subject to the payment of any delinquencies, if
12        any, as stated in item (b) above.
13        For  purposes  of   this   Section,   a   person,   firm,
14    corporation,  partnership,  or  institution that acquires the
15    cemetery through a real estate foreclosure shall  be  subject
16    to  the  provisions of this Section.  The sale or transfer of
17    the controlling  interest  of  a  cemetery  authority  to  an
18    immediate  family  member  is  not  subject  to  the  license
19    application process required in item (c) of this Section.
20    (Source: P.A. 88-477.)
21        Section  99.  Effective date.  This Act takes effect upon
22    becoming law."; and
23    by deleting pages 5 through 7.

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