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92nd General Assembly

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Public Act 92-0419

HB2283 Enrolled                               LRB9201944LDprA

    AN ACT in relation to cemeteries.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Grave and  Cemetery  Restoration  Act  is
amended by changing Section 1 as follows:

    (55 ILCS 70/1) (from Ch. 21, par. 61)
    Sec. 1. Care by county.
    (a)  The county board of any county may appropriate funds
from  the  county  treasury  to  be  used  for the purpose of
putting any old,  neglected  graves  and  cemeteries  in  the
county in a cleaner and more respectable condition.
    (b)  A  county that has within its territory an abandoned
cemetery may enter the cemetery grounds and cause the grounds
to be cleared and made orderly. Provided, in no event shall a
county enter an abandoned cemetery under this  subsection  if
the owner of the property or the legally responsible cemetery
authority  provides written notification to the county, prior
to the county's entry  (1)  demonstrating  the  ownership  or
authority to control or manage the cemetery and (2) declining
the  county  authorization to enter the property. In making a
cemetery orderly under this  Section,  the  county  may  take
necessary measures to correct dangerous conditions that exist
in  regard to markers, memorials, or other cemetery artifacts
but  may  not  permanently  remove  those  items  from  their
location on the cemetery grounds.  If an  abandoned  cemetery
is  dedicated  as  an  Illinois  nature  preserve  under  the
Illinois Natural Areas Preservation Act, any actions to cause
the   grounds  to  be  cleared  and  kept  orderly  shall  be
consistent with the  rules  and  master  plan  governing  the
dedicated nature preserve.
    (c)  For the purposes of this Section:
    "Abandoned  cemetery"  means  an  area of land containing
more than 6 places of interment  for  which,  after  diligent
search,  no  owner  of  the  land  or  currently  functioning
cemetery  authority  objects to entry sought pursuant to this
Section, and (1) at which no interments have taken  place  in
at  least 3 years; or (2) for which there has been inadequate
maintenance for at least 6 months.
    "Diligent  search"  includes,  but  is  not  limited  to,
publication of a notice in a newspaper of  local  circulation
not  more  than  45  but at least 30 days prior to a county's
entry and cleanup  of  cemetery  grounds.  The  notice  shall
provide (1) notice of the county's intended entry and cleanup
of  the  cemetery;  (2)  the  name,  if known, and geographic
location of the cemetery;  (3)  the  right  of  the  cemetery
authority  or  owner  of  the  property  to deny entry to the
county upon written notice to the county; and (4) the date or
dates of the intended cleanup.
    "Inadequate maintenance" includes, but is not limited to,
the failure to cut the lawn throughout a cemetery to  prevent
an  overgrowth of grass and weeds; the failure to trim shrubs
to prevent excessive overgrowth; the failure to trim trees so
as to remove dead limbs; the failure to keep  in  repair  the
drains,  water  lines,  roads,  buildings,  fences, and other
structures of the cemetery premises; or the failure  to  keep
the cemetery premises free of trash and debris.
(Source: P.A. 86-696.)

    Section  10.  The  Township  Code  is amended by changing
Section 130-5 as follows:

    (60 ILCS 1/130-5)
    Sec. 130-5.  Cemeteries; permitted activities.
    (a)  A township may  establish  and  maintain  cemeteries
within  and  without  its  territory,  may  acquire lands for
cemeteries by condemnation or otherwise, may lay out lots  of
convenient  size for families, and may sell lots for a family
burying  ground  or  to  individuals  for  burial   purposes.
Associations  duly  incorporated under the laws of this State
for cemetery purposes shall have the same power and authority
to purchase lands and sell lots for burial  purposes  as  are
conferred upon townships under this Article.
    (b)  A   township   that  has  within  its  territory  an
abandoned cemetery may enter the cemetery grounds  and  cause
the  grounds  to be cleared and made orderly. Provided, in no
event shall a township enter an abandoned cemetery under this
subsection if the  owner  of  the  property  or  the  legally
responsible  cemetery authority provides written notification
to  the  township,  prior  to  the   township's   entry   (1)
demonstrating the ownership or authority to control or manage
the  cemetery and (2) declining the township authorization to
enter the property. In making a cemetery orderly  under  this
Section,  the township may take necessary measures to correct
dangerous  conditions  that  exist  in  regard  to   markers,
memorials,   or   other   cemetery   artifacts  but  may  not
permanently remove those items from  their  location  on  the
cemetery  grounds.   If an abandoned cemetery is dedicated as
an Illinois nature preserve under the Illinois Natural  Areas
Preservation  Act,  any  actions  to  cause the grounds to be
cleared and kept orderly shall be consistent with  the  rules
and master plan governing the dedicated nature preserve.
    (c)  In this Section:
    "Abandoned  cemetery"  means  an  area of land containing
more than 6 places of interment  for  which,  after  diligent
search,  no  owner  of  the  land  or  currently  functioning
cemetery  authority  objects to entry sought pursuant to this
Section, and (1) at which no interments have taken  place  in
at  least 3 years; or (2) for which there has been inadequate
maintenance for at least 6 months.
    "Diligent  search"  includes,  but  is  not  limited  to,
publication of a notice in a newspaper of  local  circulation
not  more  than 45 but at least 30 days prior to a township's
entry and cleanup  of  cemetery  grounds.  The  notice  shall
provide  (1)  notice  of  the  township's  intended entry and
cleanup  of  the  cemetery;  (2)  the  name,  if  known,  and
geographic location of the cemetery; (3)  the  right  of  the
cemetery  authority or owner of the property to deny entry to
the township upon written notice to the township; and (4) the
date or dates of the intended cleanup.
    "Inadequate maintenance" includes, but is not limited to,
the failure to cut the lawn throughout a cemetery to  prevent
an  overgrowth of grass and weeds; the failure to trim shrubs
to prevent excessive overgrowth; the failure to trim trees so
as to remove dead limbs; the failure to keep  in  repair  the
drains,  water  lines,  roads,  buildings,  fences, and other
structures of the cemetery premises; or the failure  to  keep
the cemetery premises free of trash and debris.
(Source: Laws 1963, p. 824; P.A. 88-62.)

    Section  15.  The  Illinois  Municipal Code is amended by
changing Section 11-49-1 as follows:

    (65 ILCS 5/11-49-1) (from Ch. 24, par. 11-49-1)
    Sec. 11-49-1. Cemeteries; permitted activities.
    (a)  The corporate authorities of each  municipality  may
establish  and  regulate  cemeteries  within  or  without the
municipal limits; may acquire lands therefor, by purchase  or
otherwise;  may  cause  cemeteries  to  be  removed;  and may
prohibit their establishment within one mile of the municipal
limits.
    (b)  The  corporate  authorities  also  may  enter   into
contracts  to  purchase  existing  cemeteries,  or  lands for
cemetery purposes, on deferred installments to be paid solely
from the proceeds  of  sale  of  cemetery  lots.  Every  such
contract  shall  empower  the purchasing municipality, in its
own name, to execute  and  deliver  deeds  to  purchasers  of
cemetery lots for burial purposes.
    (c)  The  corporate authorities of each municipality that
has within its territory an abandoned cemetery may enter  the
cemetery grounds and cause the grounds to be cleared and made
orderly.   Provided,   in   no   event  shall  the  corporate
authorities of a municipality  enter  an  abandoned  cemetery
under  this  subsection  if  the owner of the property or the
legally  responsible  cemetery  authority  provides   written
notification  to  the  corporate  authorities,  prior  to the
corporate authorities' entry (1) demonstrating the  ownership
or  authority  to  control  or  manage  the  cemetery and (2)
declining the corporate authority authorization to enter  the
property.  In  making  a cemetery orderly under this Section,
the  corporate  authorities  of  a  municipality   may   take
necessary measures to correct dangerous conditions that exist
in  regard to markers, memorials, or other cemetery artifacts
but  may  not  permanently  remove  those  items  from  their
location on the cemetery grounds.  If an  abandoned  cemetery
is  dedicated  as  an  Illinois  nature  preserve  under  the
Illinois Natural Areas Preservation Act, any actions to cause
the   grounds  to  be  cleared  and  kept  orderly  shall  be
consistent with the  rules  and  master  plan  governing  the
dedicated nature preserve.
    (d)  In this Section:
    "Abandoned  cemetery"  means  an  area of land containing
more than 6 places of interment  for  which,  after  diligent
search,  no  owner  of  the  land  or  currently  functioning
cemetery  authority  objects to entry sought pursuant to this
Section, and (1) at which no interments have taken  place  in
at  least 3 years; or (2) for which there has been inadequate
maintenance for at least 6 months.
    "Diligent  search"  includes,  but  is  not  limited  to,
publication of a notice in a newspaper of  local  circulation
not  more  than  45  but  at least 30 days prior to entry and
cleanup of cemetery grounds by the corporate authorities of a
municipality. The notice shall  provide  (1)  notice  of  the
corporate  authorities'  intended  entry  and  cleanup of the
cemetery; (2) the name, if known, and geographic location  of
the  cemetery;  (3)  the  right  of the cemetery authority or
owner  of  the  property  to  deny  entry  to  the  corporate
authorities upon written notice to those authorities; and (4)
the date or dates of the intended cleanup.
    "Inadequate maintenance" includes, but is not limited to,
the failure to cut the lawn throughout a cemetery to  prevent
an  overgrowth of grass and weeds; the failure to trim shrubs
to prevent excessive overgrowth; the failure to trim trees so
as to remove dead limbs; the failure to keep  in  repair  the
drains,  water  lines,  roads,  buildings,  fences, and other
structures of the cemetery premises; or the failure  to  keep
the cemetery premises free of trash and debris.
(Source: Laws 1961, p. 576.)

    Section  20.  The Illinois Funeral or Burial Funds Act is
amended by changing Sections 1a, 1a-1, 2, 2a, 3, 3a, 3e,  3f,
4, 7.2, and 8 and by adding Sections 3a-5 and 8.1 as follows:

    (225 ILCS 45/1a) (from Ch. 111 1/2, par. 73.101a)
    Sec.  1a.   For  the  purposes of this Act, the following
terms shall have the meanings specified, unless  the  context
clearly requires another meaning:
    "Beneficiary"  means the person specified in the pre-need
contract upon whose death  funeral  services  or  merchandise
shall be provided or delivered.
    "Licensee"  means a seller of a pre-need contract who has
been licensed by the Comptroller under this Act.
    "Outer burial container"  means  any  container  made  of
concrete,  steel,  wood, fiberglass or similar material, used
solely  at  the  interment  site,  and  designed   and   used
exclusively  to  surround or enclose a separate casket and to
support the earth above such  casket,  commonly  known  as  a
burial  vault,  grave box or grave liner, but not including a
lawn crypt as defined in the Illinois Pre-need Cemetery Sales
Act.
    "Parent company" means a corporation owning more than  12
cemeteries or funeral homes in more than one state.
    "Person"  means  any  person,  partnership,  association,
corporation, or other entity.
    "Pre-need  contract"  means any agreement or contract, or
any series or combination of agreements or contracts, whether
funded by  trust  deposits  or  life  insurance  policies  or
annuities,   which  has  for  a  purpose  the  furnishing  or
performance of funeral services or the furnishing or delivery
of any personal property, merchandise,  or  services  of  any
nature  in  connection  with  the final disposition of a dead
human body.  Nothing in this Act is intended to regulate  the
content of a life insurance policy or a tax-deferred annuity.
    "Provider" means a person who is obligated for furnishing
or  performing funeral services or the furnishing or delivery
of any personal property, merchandise,  or  services  of  any
nature  in  connection  with  the final disposition of a dead
human body.
    "Purchaser" means the  person  who  originally  paid  the
money under or in connection with a pre-need contract.
    "Sales  proceeds"  means  the  entire  amount  paid  to a
seller, exclusive of sales taxes paid by the seller,  finance
charges  paid  by the purchaser, and credit life, accident or
disability  insurance  premiums,  upon   any   agreement   or
contract,   or   series   or  combination  of  agreements  or
contracts, for the purpose of performing funeral services  or
furnishing personal property, merchandise, or services of any
nature  in  connection  with  the final disposition of a dead
human body, including, but not limited to, the  retail  price
paid for such services and personal property and merchandise.
    "Purchase  price"  means  the sales proceeds less finance
charges on retail installment contracts.
    "Seller" means the person who sells or offers to sell the
pre-need contract to a purchaser, whether funded by  a  trust
agreement, life insurance policy, or tax-deferred annuity.
    "Trustee"  means  a person authorized to hold funds under
this Act.
(Source: P.A. 88-477.)

    (225 ILCS 45/1a-1)
    Sec. 1a-1.  Pre-need contracts.
    (a)  It shall be unlawful for any seller  doing  business
within  this State to accept sales proceeds from a purchaser,
either directly or indirectly by any means, unless the seller
enters into a pre-need  contract  with  the  purchaser  which
meets the following requirements:
         (1)  It states the name and address of the principal
    office  of  the  seller  and  the  parent  company of the
    seller, if any provider, or clearly  discloses  that  the
    provider  will  be  selected  by  the  purchaser  or  the
    purchaser's  survivor  or legal representative at a later
    date, except that no contract shall contain any provision
    restricting the right of the  contract  purchaser  during
    his or her lifetime in making his or her own selection of
    a provider.
         (2)  It  clearly  identifies the provider's seller's
    name and address, the purchaser, and the beneficiary,  if
    other  than the purchaser, and the provider, if different
    than the seller or discloses that the  provider  will  be
    selected at a later date.
         (2.5)  If  the  provider  has  branch locations, the
    contract gives the purchaser the opportunity to  identify
    the branch at which the funeral will be provided.
         (3)  It  contains  a  complete  description  of  the
    funeral  merchandise  and services to be provided and the
    price of the merchandise and  services,  and  it  clearly
    discloses  whether  the  price  of  the  merchandise  and
    services is guaranteed or not guaranteed as to price.
              (A)  Each   guaranteed   price  contract  shall
         contain the following statement  in  12  point  bold
         type:
              THIS  CONTRACT  GUARANTEES  THE BENEFICIARY THE
         SPECIFIC GOODS  AND  SERVICES  CONTRACTED  FOR.   NO
         ADDITIONAL  CHARGES  MAY BE REQUIRED. FOR DESIGNATED
         GOODS  AND  SERVICES,  ADDITIONAL  CHARGES  MAY   BE
         INCURRED  FOR UNEXPECTED EXPENSES INCLUDING, BUT NOT
         LIMITED TO, CASH ADVANCES, SHIPPING OF REMAINS  FROM
         A  DISTANT PLACE, OR DESIGNATED HONORARIA ORDERED OR
         DIRECTED BY SURVIVORS.
              (B)  Except as provided in subparagraph (C)  of
         this   paragraph   (3),  each  non-guaranteed  price
         contract shall contain the following statement in 12
         point bold type:
              THIS CONTRACT DOES NOT GUARANTEE THE PRICE  THE
         BENEFICIARY  WILL  PAY  FOR  ANY  SPECIFIC  GOODS OR
         SERVICES.  ANY FUNDS PAID UNDER  THIS  CONTRACT  ARE
         ONLY  A DEPOSIT TO BE APPLIED TOWARD THE FINAL PRICE
         OF THE GOODS OR SERVICES CONTRACTED FOR.  ADDITIONAL
         CHARGES MAY BE REQUIRED.
              (C)  If a  non-guaranteed  price  contract  may
         subsequently  become  guaranteed, the contract shall
         clearly disclose the nature of the guarantee and the
         time, occurrence, or event upon which  the  contract
         shall become a guaranteed price contract.
         (4)  It provides that if the particular supplies and
    services   specified   in   the   pre-need  contract  are
    unavailable at the time of delivery, the  provider  shall
    be  required  to furnish supplies and services similar in
    style and at least  equal  in  quality  of  material  and
    workmanship.
         (5)  It  discloses  any  penalties  or restrictions,
    including but not limited to geographic  restrictions  or
    the  inability  of the provider, if selected, to perform,
    on the delivery of  merchandise,  services,  or  pre-need
    contract guarantees.
         (6)  Regardless   of   the  method  of  funding  the
    pre-need contract, the following must be disclosed:
              (A)  Whether the pre-need  contract  is  to  be
         funded by a trust, life insurance, or an annuity;
              (B)  The  nature  of the relationship among the
         person entity funding  the  pre-need  contract,  the
         provider, if selected, and the seller; and
              (C)  The impact on the pre-need contract of (i)
         any changes in the funding arrangement including but
         not   limited   to   changes   in   the  assignment,
         beneficiary designation, or use of the  funds;  (ii)
         any   specific  penalties  to  be  incurred  by  the
         contract purchaser as a result of  failure  to  make
         payments;  (iii)  penalties to be incurred or moneys
         or  refunds  to  be  received   as   a   result   of
         cancellations;  and  (iv)  all  relevant information
         concerning what occurs and whether any  entitlements
         or  obligations  arise  if  there  is  a  difference
         between  the  proceeds  of  the  particular  funding
         arrangement  and  the  amount actually needed to pay
         for the funeral at-need.; and
              (D)  The method of changing  or  selecting  the
         designation of the provider.
    (b)  All  pre-need  contracts  are subject to the Federal
Trade Commission Rule concerning the Cooling-Off  Period  for
Door-to-Door Sales (16 CFR Part 429).
    (c)  No  pre-need  contract  shall  be sold in this State
unless there is a provider  for  the  services  and  personal
property  being  sold,  or unless disclosure has been made by
the seller as provided in subdivision (a)(1).  If the  seller
is  not a provider and a provider has been selected, then the
seller must have a binding agreement with a provider, and the
identity of the provider and  the  nature  of  the  agreement
between the seller and the provider shall be disclosed in the
pre-need  contract  at  the  time  of the sale and before the
receipt of any sales proceeds.  Any subsequent change made in
the identity of the provider shall be approved in writing  by
the purchaser and beneficiary within 30 days after it occurs.
The  failure  to  disclose  the identity of the provider, the
nature of the agreement between the seller and the  provider,
or  any  changes thereto to the purchaser and beneficiary, or
the failure to make the disclosures required  in  subdivision
(a)(1), constitutes an intentional violation of this Act.
    (d)  All  pre-need  contracts  must  be  in writing in at
least 11 point type, numbered, and executed in duplicate  and
no  pre-need contract form shall be used without prior filing
with the Comptroller.  A signed copy of the pre-need contract
must be provided to the purchaser at the time of  entry  into
the  pre-need  contract.  The  Comptroller  shall  review all
pre-need  contract  forms  and  shall  prohibit  the  use  of
contract forms which do not meet the requirements of this Act
upon  written  notification  to  the  seller.   Any  use   or
attempted  use  of  any oral pre-need contract or any written
pre-need contract in a form not filed with the Comptroller or
in a form which does not meet the requirements  of  this  Act
shall  be  deemed  a  violation  of this Act.  Life insurance
policies, tax-deferred annuities,  endorsements,  riders,  or
applications for life insurance or tax-deferred annuities are
not  subject to filing with the Comptroller.  The Comptroller
may by rule develop a  model  pre-need  contract  form  which
meets the requirements of this Act.
    (e)  The  State  Comptroller  shall  by  rule  develop  a
booklet  for consumers in plain English describing the scope,
application, and consumer protections of this Act.  After the
adoption of these rules, no pre-need contract shall  be  sold
in  this  State  unless  (i)  the  seller  distributes to the
purchaser prior to the sale a booklet promulgated or approved
for use by the State Comptroller; (ii) the seller explains to
the purchaser the terms of the pre-need contract prior to the
purchaser  signing;  and  (iii)  the  purchaser  initials   a
statement  in  the  contract  confirming  that the seller has
explained the terms of the contract prior  to  the  purchaser
signing.
    (f)  All  sales  proceeds  received  in connection with a
pre-need contract shall be deposited into a trust account  as
provided in Section 1b and Section 2 of this Act, or shall be
used  to  purchase  a  life  insurance policy or tax-deferred
annuity as provided in Section 2a of this Act.
    (g)  No pre-need contract shall be  sold  in  this  State
unless  it  is  accompanied  by a funding mechanism permitted
under this Act, and unless the  seller  is  licensed  by  the
Comptroller as provided in Section 3 of this Act.  Nothing in
this Act is intended to relieve sellers of pre-need contracts
from  being  licensed  under any other Act required for their
profession or  business,  and  being  subject  to  the  rules
promulgated   to   regulate  their  profession  or  business,
including rules on solicitation and advertisement.
(Source: P.A. 90-47, eff. 1-1-98.)

    (225 ILCS 45/2) (from Ch. 111 1/2, par. 73.102)
    Sec. 2.  (a) If a purchaser selects a  trust  arrangement
to   fund  the  pre-need  contract,  all  trust  deposits  as
determined by Section 1b shall be  made  within  30  days  of
receipt.
    (b)  A   trust   established   under  this  Act  must  be
maintained:
         (1)  in a  trust  account  established  in  a  bank,
    savings  and  loan  association,  savings bank, or credit
    union authorized to do  business  in  Illinois  in  which
    accounts   are  insured  by  an  agency  of  the  federal
    government; or
         (2)  in a trust company authorized to do business in
    Illinois.
    (c)  Trust  agreements  and  amendments  to   the   trust
agreements  used  to  fund a pre-need contract shall be filed
with the Comptroller.
    (d)  (Blank). Trust agreements shall follow the format of
the  standard  Funeral  Trust  Agreements  approved  by   the
Comptroller  for  guaranteed  or non-guaranteed price funeral
plans.
    (e)  A seller or provider shall furnish  to  the  trustee
and  depositary  the  name  of  each  payor and the amount of
payment on each such account for which deposit  is  being  so
made.   Nothing  shall  prevent  the  trustee  or a seller or
provider acting as a trustee in accordance with this Act from
commingling the deposits in any such trust fund for  purposes
of its management and the investment of its funds as provided
in  the  Common  Trust Fund Act.  In addition, multiple trust
funds  maintained  under  this  Act  may  be  commingled   or
commingled  with  other funeral or burial related trust funds
if all record keeping requirements imposed by law are met.
    (f)  Trust  funds  may  be  maintained  in  a   financial
institution described in subsection (b) which is located in a
state   adjoining   this   State  where:  (1)  the  financial
institution is located within 50 miles of the border of  this
State, (2) its accounts are federally insured, and (3) it has
registered  with the Illinois Secretary of State for purposes
of service of process.
    (g)  Upon notice  to  the  Comptroller,  the  seller  may
change the trustee of the fund.
(Source: P.A. 88-477.)

    (225 ILCS 45/2a)
    Sec. 2a.  Purchase of insurance or annuity.
    (a)  If  a  purchaser  selects  the  purchase  of  a life
insurance policy or tax-deferred annuity contract to fund the
pre-need contract,  the  application  and  collected  premium
shall  be  mailed  within  30  days  of  signing the pre-need
contract.
    (b)  If life insurance or an annuity is used  to  fund  a
pre-need  contract, the seller or provider shall not be named
as the owner or beneficiary of the  policy  or  annuity.   No
person  whose  only  insurable interest in the insured is the
receipt of proceeds from the policy or in  naming  who  shall
receive  the  proceeds nor any trust acting on behalf of such
person or seller or provider  shall  be  named  as  owner  or
beneficiary of the policy or annuity.
    (c)  Nothing    shall   prohibit   the   purchaser   from
irrevocably assigning ownership of the policy or annuity used
to fund a guaranteed price pre-need contract to a  person  or
trust  for  the  purpose of obtaining favorable consideration
for Medicaid, Supplemental Security Income, or another public
assistance program, as  permitted  under  federal  law.   The
seller  or  contract provider may be named a nominal owner of
the life insurance policy only for such time as it  takes  to
immediately  transfer  the  policy  into a trust.  Except for
this purpose, neither the seller nor  the  contract  provider
shall  be named the owner or the beneficiary of the policy or
annuity. , except that neither the seller  nor  the  contract

provider shall be named the owner of the policy or annuity.
    (d)  If  a  life  insurance policy or annuity contract is
used to fund a pre-need contract, except for guaranteed price
contracts permitted in Section 4(a) of this Act, the pre-need
contract must be revocable, and any the assignment  provision
in   the   pre-need   contract  must  contain  the  following
disclosure in 12 point bold type:
    THIS  ASSIGNMENT  MAY  BE  REVOKED  BY  THE  ASSIGNOR  OR
ASSIGNOR'S SUCCESSOR OR, IF THE ASSIGNOR IS ALSO THE  INSURED
AND  DECEASED,  BY THE REPRESENTATIVE OF THE INSURED'S ESTATE
BEFORE THE RENDERING TO THE CEMETERY  SERVICES  OR  GOODS  OR
FUNERAL SERVICES OR GOODS.  IF THE ASSIGNMENT IS REVOKED, THE
DEATH  BENEFIT  UNDER  THE  LIFE  INSURANCE POLICY OR ANNUITY
CONTRACT SHALL BE PAID IN  ACCORDANCE  WITH  THE  BENEFICIARY
DESIGNATION UNDER THE INSURANCE POLICY OR ANNUITY CONTRACT.
    (e)  Sales  proceeds  shall  not be used to purchase life
insurance  policies  or  tax-deferred  annuities  unless  the
company issuing the life insurance policies  or  tax-deferred
annuities   is  licensed  with  the  Illinois  Department  of
Insurance, and the insurance producer or  annuity  seller  is
licensed to do business in the State of Illinois.
(Source: P.A. 88-477.)

    (225 ILCS 45/3) (from Ch. 111 1/2, par. 73.103)
    Sec. 3.  Licensing.
    (a)  No   person,   firm,   partnership,  association  or
corporation may act as seller without first securing from the
State Comptroller a license to so act. Application  for  such
license shall be in writing, signed by the applicant and duly
verified   on   forms  furnished  by  the  Comptroller.  Each
application shall contain at least the following:
         (1)  The full name and address (both  residence  and
    place  of  business)  of the applicant, and every member,
    officer and director thereof if the applicant is a  firm,
    partnership,  association,  or  corporation, and of every
    shareholder holding more than 10% of the corporate  stock
    if  the  applicant  is  a corporation. Any license issued
    pursuant to the application shall be valid  only  at  the
    address  stated  in the application for such applicant or
    at  such  new  address  as  may  be   approved   by   the
    Comptroller;
         (2)  A  statement  of  the  applicant's  assets  and
    liabilities approximate net worth;
         (3)   The   name  and  address  of  the  applicant's
    principal place of business at which the books, accounts,
    and records shall be available  for  examination  by  the
    Comptroller as required by this Act;
         (4)  The  names  and  addresses  of  the applicant's
    branch  locations  at  which  pre-need  sales  shall   be
    conducted  and which shall operate under the same license
    number as the applicant's principal place of business;
         (5) For each individual listed under item (1) above,
    a  detailed  statement  of  the   individual's   business
    experience  for  the  10  years immediately preceding the
    application; any present or prior connection between  the
    individual  and  any  other  person  engaged  in pre-need
    sales; any felony or misdemeanor  convictions  for  which
    fraud was an essential element; any charges or complaints
    lodged  against  the  individual  for  which fraud was an
    essential element and which resulted in civil or criminal
    litigation; any failure of the individual to  satisfy  an
    enforceable  judgment  entered  against  him  based  upon
    fraud;   and  any  other  information  requested  by  the
    Comptroller relating to past business  practices  of  the
    individual.  Since  the information required by this item
    (5)  may   be   confidential   or   contain   proprietary
    information,  this  information shall not be available to
    other licensees or the general public and shall  be  used
    only  for  the  lawful  purposes  of  the  Comptroller in
    enforcing this Act;
         (6) The name of the trustee and, if applicable,  the
    names of the advisors to the trustee, including a copy of
    the  proposed trust agreement under which the trust funds
    are to be held as required by this Act; and
         (7) Such other information as  the  Comptroller  may
    reasonably    require   in   order   to   determine   the
    qualification of the applicant to be licensed under  this
    Act. and (3)
    (b)  Applications  for  license shall be accompanied by a
fidelity bond executed by the applicant and a surety  company
authorized  to  do  business in this State or an irrevocable,
unconditional letter of  credit  issued  by  a  bank,  credit
union,  or  trust  company  authorized  to do business in the
State of Illinois, as approved by the State  Comptroller,  in
such  amount  not  exceeding  $10,000  as the Comptroller may
require.  Individual  salespersons  employed  by  a  licensee
shall  not be required to obtain licenses in their individual
capacities.  Upon receipt of such  application  and  bond  or
letter of credit the Comptroller shall issue a license unless
he  or  she shall determine that the applicant has made false
statements or representations  in  such  application,  or  is
insolvent,  or  has  conducted  or  is  about  to conduct his
business in a fraudulent manner, or is not duly authorized to
transact business in this State. Such license shall  be  kept
conspicuously   posted  in  the  place  of  business  of  the
licensee. If, after notice and an opportunity to be heard, it
has been determined that a licensee  has  violated  this  Act
within  the  past 5 calendar years, or if a licensee does not
retain a corporate fiduciary, as  defined  in  the  Corporate
Fiduciary  Act, to manage the funds in trust pursuant to this
Act, the Comptroller may require an additional bond or letter
of credit from the licensee from  time  to  time  in  amounts
equal  to one-tenth of such trust funds, which bond or letter
of credit shall run  to  the  Comptroller  for  the  use  and
benefit of the beneficiaries of such trust funds.
    The  licensee  shall  keep  accurate  accounts, books and
records in this State, at the  principal  place  of  business
identified  in  the  licensee's  license  application  or  as
otherwise  approved  by  the  Comptroller  in writing, of all
transactions,  copies  of  all  pre-need   contracts,   trust
agreements,  and  other  agreements,  dates  and  amounts  of
payments  made  and accepted thereon, the names and addresses
of the contracting parties, the  persons  for  whose  benefit
such funds are accepted, and the names of the depositaries of
such  funds.  Each  licensee shall maintain the documentation
for a period of 3 years after the licensee has fulfilled  his
obligations under the pre-need contract.  Additionally, for a
period  not  to  exceed 6 months after the performance of all
terms in  a  pre-need  sales  contract,  the  licensee  shall
maintain  copies  of  the  contract  at  the  licensee branch
location where the contract was  entered  or  at  some  other
location  agreed  to  by  the  Comptroller in writing.  If an
insurance policy or tax-deferred annuity is used to fund  the
pre-need contract, the licensee under this Act shall keep and
maintain accurate accounts, books, and records in this State,
at   the  principal  place  of  business  identified  in  the
licensee's  application  or  as  otherwise  approved  by  the
Comptroller  in  writing,  of  all  insurance  policies   and
tax-deferred  annuities  used  to fund the pre-need contract,
the name and  address  of  insured,  annuitant,  and  initial
beneficiary,  and  the  name  and  address  of  the insurance
company issuing the policy or annuity.  If a  life  insurance
policy  or  tax-deferred  annuity  is used to fund a pre-need
contract, the licensee shall notify the insurance company  of
the  name  of each pre-need contract purchaser and the amount
of each payment when the pre-need contract, insurance  policy
or annuity is purchased.
    The  licensee  shall  make  reports  to  the  Comptroller
annually  or  at  such  other  time  as  the  Comptroller may
require, on forms furnished by the Comptroller. The  licensee
shall  file  the annual report with the Comptroller within 75
days after  the  end  of  the  licensee's  fiscal  year.  The
Comptroller shall for good cause shown grant an extension for
the  filing  of the annual report upon the written request of
the licensee. Such extension shall not exceed 60 days.  If  a
licensee  fails to submit an annual report to the Comptroller
within the time specified in this  Section,  the  Comptroller
shall  impose  upon the licensee a penalty of $5 for each and
every day the licensee remains delinquent in  submitting  the
annual  report.  The Comptroller may abate all or part of the
$5 daily penalty for good  cause  shown.   Every  application
shall  be accompanied by a check or money order in the amount
of $25 and every report shall be accompanied by  a  check  or
money  order  in  the amount of $10 payable to:  Comptroller,
State of Illinois.
    The licensee shall make all required  books  and  records
pertaining   to   trust   funds,   insurance   policies,   or
tax-deferred  annuities  available  to  the  Comptroller  for
examination.  The  Comptroller, or a person designated by the
Comptroller who is trained to perform such examinations,  may
at  any  time  investigate the books, records and accounts of
the licensee with respect to trust funds, insurance policies,
or tax-deferred annuities and for that  purpose  may  require
the  attendance  of  and examine under oath all persons whose
testimony he may require. The licensee shall pay  a  fee  for
such examination in accordance with a schedule established by
the  Comptroller.   The fee shall not exceed the cost of such
examination.  For  pre-need   contracts   funded   by   trust
arrangements,  the  cost  of  an initial examination shall be
borne by the licensee if it has  $10,000  or  more  in  trust
funds, otherwise, by the Comptroller.  The charge made by the
Comptroller  for an examination shall be based upon the total
amount of trust funds held by the licensee at the end of  the
calendar  or  fiscal year for which the report is required by
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.
    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 or insurance or annuity policy amounts;
         (2)  the licensee changing trustees more than  twice
    in any 12-month period;
         (3)  any  withdrawals  or attempted withdrawals from
    the trusts, insurance policies, or annuity  contracts  in
    violation of this Act; or
         (4)  failure  to  maintain  or produce documentation
    required by this Act for deposits  into  trust  accounts,
    trust investment activities, or life insurance or annuity
    policies.
    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,  maintaining, or renewing 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.
    For  pre-need  contracts  funded  by  life insurance or a
tax-deferred annuity, the cost of  an  examination  shall  be
borne  by  the licensee if it has received $10,000 or more in
premiums during the preceding calendar year. The fee schedule
for  such  examination  shall   be   established   in   rules
promulgated   by   the   Comptroller.   In   the  event  such
investigation  or   other   information   received   by   the
Comptroller   discloses   a   substantial  violation  of  the
requirements of this Act, the Comptroller  shall  revoke  the
license  of  such  person  upon a hearing as provided in this
Act. Such licensee may terminate all  further  responsibility
for   compliance   with  the  requirements  of  this  Act  by
voluntarily surrendering the license to the  Comptroller,  or
in  the  event of its loss, furnishing the Comptroller with a
sworn statement to that effect, which states  the  licensee's
intention  to  discontinue acceptance of funds received under
pre-need  contracts.  Such  license  or  statement  must   be
accompanied  by  an affidavit that said licensee has lawfully
expended  or  refunded  all  funds  received  under  pre-need
contracts, and that the licensee will  accept  no  additional
sales  proceeds.  The Comptroller shall immediately cancel or
revoke said license.
(Source: P.A. 88-477; 89-615, eff. 8-9-96.)

    (225 ILCS 45/3a) (from Ch. 111 1/2, par. 73.103a)
    Sec. 3a.  Denial, suspension, or revocation of license.
    (a)  The Comptroller may refuse to issue or  may  suspend
or revoke a license on any of the following grounds:
         (1)  The   applicant   or   licensee  has  made  any
    misrepresentations or false statements or  concealed  any
    material fact.
         (2)  The applicant or licensee is insolvent.
         (3)  The  applicant  or licensee has been engaged in
    business practices that work a fraud.
         (4)  The applicant or licensee has refused  to  give
    pertinent data to the Comptroller.
         (5)  The applicant or licensee has failed to satisfy
    any  enforceable judgment or decree rendered by any court
    of competent jurisdiction against the applicant.
         (6)  The applicant or licensee has conducted  or  is
    about to conduct business in a fraudulent manner.
         (7)  The  trust  agreement is not in compliance with
    State or federal law.
         (8)  The fidelity bond is not  satisfactory  to  the
    Comptroller.
         (9)  As  to  any individual required to be listed in
    the license application, the individual has conducted  or
    is  about  to  conduct  any  business  on  behalf  of the
    applicant in a fraudulent manner; has been  convicted  of
    any  felony or misdemeanor, an essential element of which
    is fraud; has had a judgment rendered against him or  her
    based  on  fraud  in  any civil litigation; has failed to
    satisfy  any  enforceable  judgment  or  decree  rendered
    against  him  or  her   by   any   court   of   competent
    jurisdiction;  or has been convicted of any felony or any
    theft-related offense.
         (10)  The  applicant  or  licensee,  including   any
    member,  officer, or director thereof if the applicant or
    licensee  is  a   firm,   partnership,   association   or
    corporation  and any shareholder holding more than 10% of
    the corporate stock, has violated any provision  of  this
    Act  or  any regulation, decision, order, or finding made
    by the Comptroller under this Act.
         (11)  The Comptroller finds any  fact  or  condition
    existing  which,  if  it  had  existed at the time of the
    original  application  for  such  license,   would   have
    warranted the Comptroller in refusing the issuance of the
    license.
    (b)  Before   refusal   to  issue  or  renew  and  before
suspension or revocation of a license, the Comptroller  shall
hold   a  hearing  to  determine  whether  the  applicant  or
licensee, hereinafter  referred  to  as  the  respondent,  is
entitled  to hold such a license.  At  least 10 days prior to
the date set for such hearing, the Comptroller  shall  notify
the  respondent  in  writing  that  on  the date designated a
hearing will be held  to  determine  his  eligibility  for  a
license and that he may appear in person or by counsel.  Such
written notice may be served on the respondent personally, or
by  registered  or  certified  mail  sent to the respondent's
business address as shown in his latest notification  to  the
Comptroller.   At  the  hearing,  both the respondent and the
complainant shall be accorded ample opportunity to present in
person or by counsel such statements, testimony, evidence and
argument as may be pertinent to the charges or to any defense
thereto.   The  Comptroller  may  reasonably  continue   such
hearing from time to time.
    The  Comptroller  may  subpoena  any person or persons in
this State and take testimony orally,  by  deposition  or  by
exhibit,  in  the  same  manner  and  with  the same fees and
mileage allowances as prescribed in judicial  proceedings  in
civil cases.
    Any  authorized  agent  of the Comptroller may administer
oaths to witnesses at any hearing which  the  Comptroller  is
authorized to conduct.
(Source: P.A. 84-839.)

    (225 ILCS 45/3a-5 new)
    Section 3a-5.  License requirements.
    (a)  Every  license issued by the Comptroller shall state
the number of the license, the business name and  address  of
the  licensee's  principal  place  of  business,  each branch
location also operating under the license, and the licensee's
parent company, if any.  The license shall  be  conspicuously
posted in each place of business operating under the license.
The  Comptroller may issue such additional licenses as may be
necessary for licensee branch locations upon compliance  with
the  provisions of this Act governing an original issuance of
a license for each new license.
    (b)  Individual  salespersons  representing  a   licensee
shall  not be required to obtain licenses in their individual
capacities, but must acknowledge,  by  affidavit,  that  they
have been provided with a copy of and have read this Act. The
licensee shall retain copies of the affidavits of its sellers
for  its  records  and shall make the affidavits available to
the Comptroller for examination upon request.
    (c) The licensee shall be responsible for the  activities
of  any  person  representing  the  licensee  in  selling  or
offering a pre-need contract for sale.
    (d)  Any person not selling on behalf of a licensee shall
obtain its own license.
    (e)  No  license  shall  be  transferable  or  assignable
without the express written consent of  the  Comptroller.   A
transfer  of  more  than 50% of the ownership of any business
licensed  hereunder  shall  be  deemed  to  be  an  attempted
assignment of the license originally issued to  the  licensee
for which consent of the Comptroller shall be required.
    (f)  Every license issued hereunder shall remain in force
until it has  been  suspended,  surrendered,  or  revoked  in
accordance  with  this Act. The Comptroller, upon the request
of an interested person or on his own motion, may  issue  new
licenses  to  a  licensee whose license or licenses have been
revoked, if no factor or condition then  exists  which  would
have  warranted  the  Comptroller  to  originally  refuse the
issuance of such license.

    (225 ILCS 45/3e) (from Ch. 111 1/2, par. 73.103e)
    Sec. 3e.  Upon  the  revocation  of,  suspension  of,  or
refusal  to renew any license, the licensee shall immediately
surrender the license  or  licenses  and  any  branch  office
licenses to the Comptroller.  If the licensee fails to do so,
the Comptroller shall have the right to seize the same.
(Source: P.A. 84-839.)

    (225 ILCS 45/3f)
    Sec. 3f.  Revocation of license.
    (a)  The  Comptroller,  upon  determination  that grounds
exist for the revocation or suspension of  a  license  issued
under  this  Act,  may revoke or suspend, if appropriate, the
license issued to a licensee or to a particular branch office
location with respect to which the grounds for revocation  or
suspension may occur or exist.
    (b)  Whenever a license is revoked by the Comptroller, he
or she shall apply to the Circuit Court of the county wherein
the  licensee  is  located  for  a receiver to administer the
trust funds of the licensee or to maintain the life insurance
policies and tax-deferred  annuities  held  by  the  licensee
under a pre-need contract.
(Source: P.A. 88-477.)

    (225 ILCS 45/4) (from Ch. 111 1/2, par. 73.104)
    Sec. 4. Withdrawal of funds; revocability of contract.
    (a)  The  amount or amounts so deposited into trust, with
interest thereon, if any, shall not be  withdrawn  until  the
death  of  the  person or persons for whose funeral or burial
such funds were paid, unless sooner withdrawn and  repaid  to
the  person  who  originally  paid  the  money  under  or  in
connection  with the pre-need contract or to his or her legal
representative.  The life insurance policies or  tax-deferred
annuities  shall  not  be  surrendered until the death of the
person or persons for whose funeral or burial the policies or
annuities  were  purchased,  unless  sooner  surrendered  and
repaid to the owner of  the  policy  purchased  under  or  in
connection  with the pre-need contract or to his or her legal
representative.  If, however,  the  agreement  or  series  of
agreements  provides  for  forfeiture and retention of any or
all payments as and for liquidated  damages  as  provided  in
Section  6,  then  the  trustee may withdraw the deposits. In
addition, nothing in this Section (i) prohibits the change of
depositary by the trustee and the  transfer  of  trust  funds
from  one  depositary to another or (ii) prohibits a contract
purchaser who is or may become eligible for public assistance
under any applicable federal or State law or local  ordinance
including,  but  not limited to, eligibility under 24 C.F.R.,
Part 913 relating to family insurance under  federal  Housing
and  Urban  Development  Policy  from irrevocably waiving, in
writing, and  renouncing  the  right  to  cancel  a  pre-need
contract for funeral services in an amount prescribed by rule
of the Illinois Department of Public Aid. No guaranteed price
pre-need  funeral  contract  may  prohibit  a  purchaser from
making a contract irrevocable to the extent that federal  law
or  regulations  require  that such a contract be irrevocable
for purposes of the purchaser's eligibility for  Supplemental
Security   Income   benefits,  Medicaid,  or  another  public
assistance program, as permitted under federal law.
    (b)  If for any reason  a  seller  or  provider  who  has
engaged  in  pre-need  sales has refused, cannot, or does not
comply with the terms  of  the  pre-need  contract  within  a
reasonable  time  after  he  or she is required to do so, the
purchaser or his or her heirs or assigns or  duly  authorized
representative  shall have the right to a refund of an amount
equal to the sales price paid for undelivered merchandise  or
services plus otherwise earned undistributed interest amounts
held in trust attributable to the contract, within 30 days of
the  filing  of  a  sworn  affidavit with the trustee setting
forth the existence of the contract and the fact  of  breach.
A  copy of this affidavit shall be filed with the Comptroller
and the seller.  In the event  a  seller  is  prevented  from
performing  by strike, shortage of materials, civil disorder,
natural disaster, or any like occurrence beyond  the  control
of  the seller or provider, the seller or provider's time for
performance shall be extended by the  length  of  the  delay.
Nothing  in this Section shall relieve the seller or provider
from  any  liability  for  non-performance  of  his  or   her
obligations under the pre-need contract.
    (c)  After  final  payment  on  a  pre-need contract, any
purchaser may, upon written demand to a seller,  demand  that
the  pre-need  contract  with  the seller be terminated.  The
seller shall, within  30  days,  initiate  a  refund  to  the
purchaser  of the entire amount held in trust attributable to
undelivered merchandise and unperformed  services,  including
otherwise earned undistributed interest earned thereon or the
cash   surrender   value   of  a  life  insurance  policy  or
tax-deferred annuity.
    (c-5)  If no funeral merchandise or services are provided
or if the funeral is conducted by another person, the  seller
may  keep  no  more  than  10% of the payments made under the
pre-need contract  or  $300,  whichever  sum  is  less.   The
remainder of the trust funds or insurance or annuity proceeds
shall  be  forwarded to the legal heirs of the deceased or as
determined by probate action.
    (d)  The placement and retention of all or a portion of a
casket,  combination  casket-vault,  urn,  or  outer   burial
container  comprised  of  materials  which  are  designed  to
withstand  prolonged  storage in the manner set forth in this
paragraph  without   adversely   affecting   the   structural
integrity or aesthetic characteristics of such merchandise in
a  specific  burial  space in which the person or persons for
whose funeral or burial the merchandise was  intended  has  a
right  of interment, or the placement of the merchandise in a
specific mausoleum crypt or lawn crypt in which  such  person
has   a   right  of  entombment,  or  the  placement  of  the
merchandise in a specific niche in which such  person  has  a
right  of inurnment, or delivery to such person and retention
by such person until the time of need shall constitute actual
delivery to the person who originally paid the money under or
in connection with said agreement or  series  of  agreements.
Actual  delivery  shall eliminate, from and after the date of
actual delivery, any requirement under this Act to  place  or
retain  in  trust  any  funds  received  for the sale of such
merchandise.  The delivery, prior to the time of need, of any
funeral or  burial  merchandise  in  any  manner  other  than
authorized  by  this  Section  shall  not  constitute  actual
delivery  and  shall not eliminate any requirement under this
Act to place or retain in trust any funds  received  for  the
sale of such merchandise.
(Source: P.A. 87-1091; 88-477.)

    (225 ILCS 45/7.2)
    Sec.  7.2.   Investigation  of unlawful practices.  If it
appears to the Comptroller that a person has engaged  in,  is
engaging  in,  or  is  about  to  engage  in  any practice in
violation of  declared  to  be  unlawful  by  this  Act,  the
Comptroller may:
         (1)  require  that  person  to file on such terms as
    the Comptroller  prescribes  a  statement  or  report  in
    writing,   under   oath   or  otherwise,  containing  all
    information the Comptroller  may  consider  necessary  to
    ascertain  whether  a licensee is in compliance with this
    Act, or whether  an  unlicensed  person  is  engaging  in
    activities for which a license is required;
         (2)  examine  under  oath  any  person in connection
    with the books and records pertaining  to  or  having  an
    impact  upon  trust  funds,  insurance  policies,  or tax
    deferred annuities required or allowed to  be  maintained
    pursuant to this Act;
         (3)  examine  any books and records of the licensee,
    trustee, or investment advisor that the  Comptroller  may
    consider necessary to ascertain compliance with this Act;
    and
         (4)  require the production of a copy of any record,
    book,  document,  account,  or  paper that is produced in
    accordance with this Act and retain  it  in  his  or  her
    possession  until  the  completion  of all proceedings in
    connection with which it is produced.
(Source: P.A. 89-615, eff. 8-9-96.)

    (225 ILCS 45/8) (from Ch. 111 1/2, par. 73.108)
    Sec. 8. Any person who intentionally fails to deposit the
required sales proceeds into a trust required under this Act,
intentionally and improperly withdraws or  uses  trust  funds
for  his  or  her  own  benefit,  or  otherwise intentionally
violates any provision of this Act is guilty  of  a  Class  4
felony.
    If any person intentionally violates this Act or fails or
refuses  to  comply  with any order of the Comptroller or any
part of an order that has become final to the person  and  is
still  in  effect,  the  Comptroller  may,  after  notice and
hearing at which it is determined that a  violation  of  this
Act  or  the order has been committed, further order that the
person shall forfeit and pay to the State of Illinois  a  sum
not  to  exceed  $5,000  for  each violation.  This liability
shall be enforced in  an  action  brought  in  any  court  of
competent  jurisdiction by the Comptroller in the name of the
People of the State of Illinois.
    Any violation of  this  Act  for  which  a  fine  may  be
assessed  shall  be  established  by rules promulgated by the
Comptroller.
    In addition to the other penalties and remedies  provided
in  this Act, the Comptroller may bring a civil action in the
county of residence of the licensee or any  person  accepting
trust  funds  to enjoin any violation or threatened violation
of this Act.
    The powers vested in the Comptroller by this Section  are
in  addition  to any and all other powers and remedies vested
in the Comptroller by law.
(Source: P.A. 88-477.)

    (225 ILCS 45/8.1 new)
    Sec. 8.1.  Sales; liability of purchaser for shortage. In
the event of a sale or transfer of all or  substantially  all
of  the  assets  of the licensee, the sale or transfer of the
controlling interest of the corporate stock of  the  licensee
if the licensee is a corporation, the sale or transfer of the
controlling  interest of the partnership if the licensee is a
partnership,  or  the  sale  of  the  licensee  pursuant   to
foreclosure  proceedings,  the  purchaser  is  liable for any
shortages existing before or after  the  sale  in  the  trust
funds  required  to be maintained in a trust pursuant to this
Act and shall honor all pre-need contracts and trusts entered
into by the licensee. Any shortages  existing  in  the  trust
funds  constitute  a prior lien in favor of the trust for the
total value of the shortages, and notice of that  lien  shall
be provided in all sales instruments.
    In   the   event   of  a  sale  or  transfer  of  all  or
substantially all of the assets of the licensee, the sale  or
transfer  of  the controlling interest of the corporate stock
of the licensee if the licensee is a corporation, or the sale
or transfer of the controlling interest of the partnership if
the licensee is a partnership, the licensee shall,  at  least
21   days   prior   to  the  sale  or  transfer,  notify  the
Comptroller, in writing, of  the  pending  date  of  sale  or
transfer  so  as to permit the Comptroller to audit the books
and records of the licensee.  The  audit  must  be  commenced
within  10  business  days of the receipt of the notification
and completed within the 21-day  notification  period  unless
the Comptroller notifies the licensee during that period that
there  is  a  basis  for  determining a deficiency which will
require additional time to finalize.  The  sale  or  transfer
may not be completed by the licensee unless and until:
         (i)  the  Comptroller has completed the audit of the
    licensee's books and records;
         (ii) any delinquency existing in the trust funds has
    been paid by the licensee, or  arrangements  satisfactory
    to  the Comptroller have been made by the licensee on the
    sale or transfer for the payment of any delinquency; and
         (iii)  the  Comptroller  issues   a   license   upon
    application  of  the  new  owner,  which  license must be
    applied for within 30 days of the anticipated date of the
    sale  or  transfer,  subject  to  the  payment   of   any
    delinquencies, if any, as stated in item (ii).
    For   purposes   of   this   Section,   a  person,  firm,
corporation, partnership, or institution  that  acquires  the
licensee  through  a real estate foreclosure shall be subject
to the provisions of this Section.

    Section 25.  The Illinois Public Aid Code is  amended  by
changing Section 12-4.11 as follows:

    (305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
    Sec.  12-4.11.  Grant amounts.   The Department, with due
regard  for  and  subject  to  budgetary  limitations,  shall
establish  grant  amounts  for  each  of  the  programs,   by
regulation.   The  grant amounts may vary by program, size of
assistance unit and geographic area.
    Aid payments shall not be reduced except: (1) for changes
in the cost of items included in the grant  amounts,  or  (2)
for  changes  in  the  expenses  of the recipient, or (3) for
changes  in  the  income  or  resources  available   to   the
recipient,  or  (4)  for  changes  in  grants  resulting from
adoption of a consolidated grant amount.
    In fixing standards to govern payments or  reimbursements
for   funeral  and  burial  expenses,  the  Department  shall
establish a minimum allowable amount of not less than  $1,000
for  Department payment of funeral services and not less than
$500 for Department payment of burial or cremation  services.
In  establishing the minimum allowable amount, the Department
shall  take  into  account  the  services  essential   to   a
dignified, low-cost (i) funeral and (ii) burial or cremation,
including reasonable amounts that may be necessary for burial
space and cemetery charges, and any applicable taxes or other
required  governmental  fees  or  charges.  If  no person has
agreed to pay the total cost of  the  (i)  funeral  and  (ii)
burial  or  cremation  charges,  the Department shall pay the
vendor the actual costs of the (i) funeral and (ii) burial or
cremation, or the minimum allowable amount for  each  service
as established by the Department, whichever is less, provided
that  the  Department  reduces  its  payments  by  the amount
available from the following sources: the  decedent's  assets
and  available  resources  and the anticipated amounts of any
death  benefits  available  to  the  decedent's  estate,  and
amounts paid and  arranged  to  be  paid  by  the  decedent's
legally responsible relatives. A legally responsible relative
is  expected  to pay (i) funeral and (ii) burial or cremation
expenses unless financially unable to do so.
    Nothing contained in this Section or in any other Section
of this Code shall be  construed  to  prohibit  the  Illinois
Department  (1)  from consolidating existing standards on the
basis of any standards which are or were  in  effect  on,  or
subsequent  to  July  1,  1969,  or  (2)  from  employing any
consolidated standards in determining need for public aid and
the  amount  of  money  payment  or  grant   for   individual
recipients or recipient families.
(Source:  P.A.  90-17,  eff.  7-1-97;  90-326,  eff.  8-8-97;
90-372,  eff.  7-1-98;  90-655,  eff.  7-30-98;  91-24,  eff.
7-1-99.)

    Section  27.  The  Crematory Regulation Act is amended by
changing Section 10 as follows:

    (410 ILCS 18/10)
    Sec. 10. Establishment of crematory and  registration  of
crematory authority.
    (a)  Any  person  doing  business  in  this State, or any
cemetery, funeral  establishment,  corporation,  partnership,
joint  venture,  voluntary  organization or any other entity,
may erect, maintain, and operate a crematory  in  this  State
and  provide the necessary appliances and  facilities for the
cremation of human remains in accordance with this Act.
    (b)  A crematory shall be subject to  all  local,  State,
and  federal health and environmental protection requirements
and shall obtain all necessary licenses and permits from  the
Department,  the  federal  Department  of  Health  and  Human
Services,   and   the   Illinois  and  federal  Environmental
Protection Agencies, or such other appropriate local,  State,
or federal agencies.
    (c)  A crematory may be constructed on or adjacent to any
cemetery,  on or adjacent to any funeral establishment, or at
any other location consistent with local zoning regulations.
    (d)  An  application  for  registration  as  a  crematory
authority shall be in  writing  on  forms  furnished  by  the
Comptroller.  Applications  shall  be accompanied by a fee of
$50 and shall contain all of the following:
         (1)  The full name and address, both  residence  and
    business,  of  the  applicant  if  the  applicant  is  an
    individual;  the full name and address of every member if
    the applicant is a partnership; the full name and address
    of  every  member  of  the  board  of  directors  if  the
    applicant is an association; and the name and address  of
    every  officer,  director,  and  shareholder holding more
    than 25% of the corporate stock if  the  applicant  is  a
    corporation.
         (2)  The address and location of the crematory.
         (3)  A  description  of  the  type  of structure and
    equipment to be used in the operation of the crematory.
         (4)  Any further information  that  the  Comptroller
    reasonably may require.
    (e)  Each crematory authority shall file an annual report
with  the  Comptroller, accompanied with a $25 fee, providing
any  changes  required  in  the  information  provided  under
subsection (d) or indicating that no changes  have  occurred.
The  annual report shall be filed by a crematory authority on
or before March 15 of each calendar year, in  the  Office  of
the  Comptroller. If the fiscal year of a crematory authority
is other than on a calendar year basis,  then  the  crematory
authority  shall  file  the  report  required by this Section
within 75  days  after  the  end  of  its  fiscal  year.  The
Comptroller  shall,  for good cause shown, grant an extension
for the filing of the annual report upon the written  request
of  the crematory authority. An extension shall not exceed 60
days. If a crematory authority  fails  to  submit  an  annual
report  to  the Comptroller within the time specified in this
Section, the Comptroller  shall  impose  upon  the  crematory
authority  a  penalty  of  $5  for  each  and  every  day the
crematory authority  remains  delinquent  in  submitting  the
annual  report.  The Comptroller may abate all or part of the
$5 daily penalty for good cause shown.
    (f)  All records relating to the registration and  annual
report  of the crematory authority required to be filed under
this  Section  shall  be  subject  to   inspection   by   the
Comptroller upon reasonable notice.
(Source: P.A. 87-1187.)

    Section  30. The Cemetery Care Act is amended by changing
Sections 2a, 9, 10, 11,  12,  13,  15b,  and  24  and  adding
Section 26 as follows:

    (760 ILCS 100/2a) (from Ch. 21, par. 64.2a)
    Sec.  2a.   Powers  and  duties  of cemetery authorities;
cemetery property maintained by cemetery care funds.
    (a)  With respect  to  cemetery  property  maintained  by
cemetery   care   funds,   a   cemetery  authority  shall  be
responsible for the performance of:
         (1) (a)  the care and maintenance  of  the  cemetery
    property it owns; and
         (2)  (b)  the  opening  and  closing  of all graves,
    crypts, or niches  for  human  remains  in  any  cemetery
    property it owns.
    (b)  A  cemetery authority owning, operating, controlling
or  managing  a  privately  operated  cemetery   shall   make
available for inspection, and upon reasonable request provide
a  copy  of, its rules and regulations and its current prices
of interment, inurnment, or entombment rights.
    (c)  A cemetery authority owning, operating,  controlling
or  managing  a privately operated cemetery may, from time to
time as land in its  cemetery  may  be  required  for  burial
purposes,  survey and subdivide those lands and make and file
in its office a map thereof delineating the  lots  or  plots,
avenues,  paths,  alleys,  and  walks  and  their  respective
designations.   The  cemetery authority shall open the map to
public inspection. The cemetery authority may make  available
a copy of the overall map upon written request and payment of
reasonable  photocopy  fees.  Any unsold lots, plots or parts
thereof, in  which  there  are  not  human  remains,  may  be
resurveyed  and  altered  in  shape  or  size,  and  properly
designated   on   such   map.    Nothing  contained  in  this
subsection, however, shall  prevent  the  cemetery  authority
from  enlarging  an  interment  right by selling to the owner
thereof the excess space next to  such  interment  right  and
permitting  interments therein, provided reasonable access to
such interment right and to adjoining interment rights is not
thereby eliminated. The Comptroller may waive any or  all  of
the requirements of this subsection (c) for good cause shown.
    (d)  A cemetery authority owning, operating, controlling,
or managing a privately operated cemetery shall keep a record
of   every   interment,  entombment,  and  inurnment  in  the
cemetery.  The record shall include the deceased's name, age,
and  date  of  burial,  when   these   particulars   can   be
conveniently  obtained,  and  the lot, plot, or section where
the human remains are interred,  entombed,  or  inurned.  The
record  shall  be  open  to public inspection consistent with
State and federal law.  The  cemetery  authority  shall  make
available, consistent with State and federal law, a true copy
of  the record upon written request and payment of reasonable
copy costs.
    (e)  A cemetery authority owning, operating, controlling,
or managing  a  privately  operated  cemetery  shall  provide
access   to  the  cemetery  under  the  cemetery  authority's
reasonable rules and regulations.
(Source: P.A. 87-747.)

    (760 ILCS 100/9) (from Ch. 21, par. 64.9)
    Sec. 9. Application for license.
    (a)  Prior to the acceptance of care funds authorized  by
Section  3  of  this  Act  or  the  sale  or  transfer of the
controlling interest of  a  licensed  cemetery  authority,  a
cemetery   authority   owning,   operating,  controlling,  or
managing a privately operated cemetery shall make application
to the Comptroller for a license to hold the funds.  Whenever
a   cemetery  authority  owning,  operating,  controlling  or
managing a privately operated cemetery is newly organized and
such cemetery authority desires to be licensed to accept  the
care  funds  authorized by Section 3 of this Act, or whenever
there is a sale or transfer of the controlling interest of  a
licensed  cemetery  authority,  it shall make application for
such license.
    In the case of a sale  or  transfer  of  the  controlling
interest  of  the cemetery authority, the prior license shall
remain in effect until the Comptroller issues a  new  license
to  the  newly-controlled  cemetery  authority as provided in
Section 15b.  Upon issuance of the  new  license,  the  prior
license  shall  be  deemed  surrendered  if  the licensee has
agreed to the sale and transfer  and  has  consented  to  the
surrender  of  the  license.   A  sale  or  transfer  of  the
controlling  interest of a cemetery authority to an immediate
family member is not considered a transfer of the controlling
interest for purposes of this Section.
    (b)  Applications for license shall  be  filed  with  the
Comptroller.  Applications  shall  be  in writing under oath,
signed by the applicant, and in the  form  furnished  by  the
Comptroller.    The  form  furnished by the Comptroller shall
enable a cemetery authority to apply for license of  multiple
cemetery  locations  within a single license application.   A
check or money order in the amount of $25 per license seeking
to be issued under the application, payable to:  Comptroller,
State of Illinois, shall be included.  Each application shall
contain the following:
         (1)  the  full  name  and address (both of residence
    and of  place  of  business)  of  the  applicant,  if  an
    individual;  of  every  member,  if  the  applicant  is a
    partnership  or  association;  of   every   officer,   or
    director,  if the applicant is a corporation;, and of any
    party owning 10% or more of the cemetery  authority,  and
    the full name and address of the parent company, if any;
         (2)  a  detailed statement of the applicant's assets
    and liabilities;
         (2.1)  the name, address, and  legal  boundaries  of
    each cemetery for which the care funds shall be entrusted
    and  at  which  books,  accounts,  and  records  shall be
    available for examination by the Comptroller as  required
    by Section 13 of this Act;
         (3)  as to the name of each individual person listed
    under  (1)  above,  a detailed statement of each person's
    business  experience  for  the   10   years   immediately
    preceding  the  application;  the  present  and  previous
    connection,  if  any,  of  each  person  with  any  other
    cemetery  or  cemetery authority; whether each person has
    ever been convicted of any a  felony  or  has  ever  been
    convicted  of  any  misdemeanor  of  which  an  essential
    element  is  fraud  or  has  been  involved  in any civil
    litigation in which a judgment has been  entered  against
    him  or  her  based  on  fraud;  whether  each  person is
    currently  a  defendant  in  any  lawsuit  in  which  the
    complaint against the person is based upon fraud; whether
    such  person  has  failed  to  satisfy  any   enforceable
    judgment  entered by a court of competent jurisdiction in
    any civil proceedings against such individual; and
         (4)  the total amount in  trust  and  now  available
    from  sales  of lots, graves, crypts or niches where part
    of the sale price has been placed in trust; the amount of
    money placed in the care funds  of  each  applicant;  the
    amount  set  aside  in  care funds from the sale of lots,
    graves, crypts and niches for the  general  care  of  the
    cemetery  and  the amount available for that purpose; the
    amount received in trust by special agreement for special
    care and the  amount  available  for  that  purpose;  the
    amount of principal applicable to trust funds received by
    the applicant; and.
         (5)  any  other information that the Comptroller may
    reasonably   require   in   order   to   determine    the
    qualifications of the applicant to be licensed under this
    Act.
    Such  information  shall  be  furnished  whether the care
funds  are  held  by  the  applicant  as  trustee  or  by  an
independent trustee.  If  the  funds  are  not  held  by  the
applicant,  the  name of the independent trustee holding them
is also to be furnished by the applicant.
    (c)  Applications for license shall also  be  accompanied
by  a  fidelity bond issued by a bonding company or insurance
company authorized to do business in  this  State  or  by  an
irrevocable,  unconditional letter of credit issued by a bank
or trust company authorized to do business in  the  State  of
Illinois,  as  approved  by the State Comptroller, where such
care funds exceed the sum of $15,000.  Such bond or letter of
credit shall run to the Comptroller and his or her  successor
for  the  benefit  of  the  care  funds held by such cemetery
authority or by  the  trustee  of  the  care  funds  of  such
cemetery authority.  Such bonds or letters of credit shall be
in an amount equal to 1/10 of such care funds.  However, such
bond  or letter of credit shall not be in an amount less than
$1,000; the first $15,000 of such care  funds  shall  not  be
considered  in computing the amount of such bond or letter of
credit.  No application shall be accepted by the  Comptroller
unless accompanied by such bond or letter of credit.
    Applications  for  license  by  newly  organized cemetery
authorities after January 1, 1960 shall also  be  accompanied
by evidence of a minimum care fund deposit in an amount to be
determined  as  follows: if the number of inhabitants, either
in the county in which the cemetery is to be  located  or  in
the  area  included within a 10 mile radius from the cemetery
if the number of inhabitants therein is greater, is 25,000 or
less  the  deposit  shall  be  $7,500;  if  the   number   of
inhabitants  is  25,001  to  50,000,  the  deposit  shall  be
$10,000;  if  the number of inhabitants is 50,001 to 125,000,
the deposit shall be $15,000; if the number of inhabitants is
over 125,000, the deposit shall be $25,000.
    After an amount equal to and in addition to the  required
minimum  care  fund  deposit has been deposited in trust, the
cemetery authority may withhold 50% of all future care  funds
until  it  has  recovered the amount of the minimum care fund
deposit.
    (d)  (Blank).  The  applicant  shall  have  a   permanent
address and any license issued pursuant to the application is
valid  only  at the address or at any new address approved by
the Comptroller.
    (e)  All bonds and bonding deposits made by any  cemetery
authority  may  be  returned  to  the  cemetery  authority or
cancelled as  to  care  funds  invested  with  an  investment
company.
(Source: P.A. 89-615, eff. 8-9-96; 90-655, eff. 7-30-98.)

    (760 ILCS 100/10) (from Ch. 21, par. 64.10)
    Sec.  10.   Upon receipt of such application for license,
the Comptroller shall issue a license to the applicant unless
the Comptroller determines that:
    (a)  The applicant has  made  any  misrepresentations  or
false  statements  or has concealed any essential or material
fact, or
    (b)  The applicant is insolvent; or
    (c)  The applicant is or has been using practices in  the
conducting of the cemetery business that work or tend to work
a fraud; or
    (d)  The   applicant  has  refused  to  furnish  or  give
pertinent data to the Comptroller; or
    (e)  The applicant has failed to notify  the  Comptroller
with   respect   to   any  material  facts  required  in  the
application for license under the provisions of this Act; or
    (f)  The applicant has failed to satisfy any  enforceable
judgment   entered   by   the  circuit  court  in  any  civil
proceedings against such applicant; or
    (g)  The applicant has conducted or is about  to  conduct
its business in a fraudulent manner; or
    (h)  The   applicant  or  any  As  to  the  name  of  any
individual listed in the license application, such individual
has conducted or is about to conduct any business  on  behalf
of  the  applicant  in  a  fraudulent  manner;  or  has  been
convicted  of  a  felony  or  any  misdemeanor  of  which  an
essential element is fraud; or has been involved in any civil
litigation  in  which a judgment has been entered against him
or  her  based  on  fraud;  or  has  failed  to  satisfy  any
enforceable judgment entered by  the  circuit  court  in  any
civil  proceedings  against  such  individual;  or  has  been
convicted  of  any  felony  of  which  fraud  is an essential
element; or has been convicted of any theft-related  offense;
or has failed to comply with the requirements of this Act; or
has  demonstrated  a pattern of improperly failing to honor a
contract with a consumer; or
    (i)  The applicant  has  ever  had  a  license  involving
cemeteries or funeral homes revoked, suspended, or refused to
be issued in Illinois or elsewhere.
    If  the  Comptroller  so determines, then he or she shall
conduct  a  hearing  to  determine  whether   to   deny   the
application.  However,  no application shall be denied unless
the applicant has had at least 10 days' notice of  a  hearing
on the application and an opportunity to be heard thereon. If
the  application  is  denied, the Comptroller shall within 20
days thereafter prepare and keep on file in his or her office
the transcript of the evidence taken and a written  order  of
denial  thereof, which shall contain his or her findings with
respect thereto and the reasons supporting  the  denial,  and
shall  send by United States mail a copy of the written order
of denial to the applicant at the address set  forth  in  the
application,  within 5 days after the filing of such order. A
review of such decision may be had as provided in Section  20
of this Act.
    The  license  issued  by  the Comptroller shall remain in
full force and effect until it is surrendered by the licensee
or revoked by the Comptroller as hereinafter provided.
(Source: P.A. 88-477.)

    (760 ILCS 100/11) (from Ch. 21, par. 64.11)
    Sec. 11.  Issuance and display of  license.    A  license
issued  under  this  Act authorizes the cemetery authority to
accept care funds for the cemetery identified in the license.
If a license application seeks licensure to accept care funds
on  behalf  of  more  than   one   cemetery   location,   the
Comptroller,  upon approval of the license application, shall
issue to the cemetery authority a separate license  for  each
cemetery  location indicated on the application. Each license
issued by the Comptroller under this Act  is  independent  of
any  other license that may be issued to a cemetery authority
under a single license application.
    Every license issued by the Comptroller shall  state  the
number  of  the license and the address at which the business
is to be conducted. Such license shall be kept  conspicuously
posted in the place of business of the licensee and shall not
be transferable or assignable.
    No  more  than  one place of business shall be maintained
under the same license, but the Comptroller  may  issue  more
than  one  license  to the same licensee upon compliance with
the provisions of this Act governing an original issuance  of
a license, for each new license.
    Whenever  a  licensee  shall  wish  to change the name as
originally set forth in his license, he  shall  give  written
notice  thereof  to the Comptroller together with the reasons
for  the  change  and  if  the  change  is  approved  by  the
Comptroller he shall issue a new license.
    A license issued by the Comptroller shall remain in  full
force  and  effect until it is surrendered by the licensee or
suspended or revoked by the Comptroller as provided  in  this
Act.
(Source: P.A. 78-592.)

    (760 ILCS 100/12) (from Ch. 21, par. 64.12)
    Sec. 12. Annual reports.   Every licensee shall prepare a
written  report  as of the end of the preceding calendar year
or fiscal year, as the case may be, showing:
    (a)  The amount of the principal of the care  funds  held
in trust by the trustee of the care funds at the beginning of
such  year  and  in  addition  thereto all moneys or property
received during such year (1) under and by virtue of the sale
of a lot, grave, crypt or niche; (2) under or  by  virtue  of
the  terms  of  the  contract authorized by the provisions of
Section 3 of this Act; (3) under or by virtue  of  any  gift,
grant,  legacy,  payment  or  other  contribution made either
prior to or subsequent to the effective date of this Act, and
(4) under or by virtue of any  contract  or  conveyance  made
either  prior  to or subsequent to the effective date of this
Act;
    (b)  The securities in which such care funds are invested
and the cash on hand as of the date of the report;
    (c)  The income received from such care funds during  the
preceding calendar year, or fiscal year, as the case may be;
    (d)  The  expenditures  made  from said income during the
preceding calendar year, or fiscal year, as the case may  be;
and
    (e)  The  number  of interments made during the preceding
calendar year, or fiscal year, as the case may be.
    Where any of the care funds of a licensee are held by  an
independent  trustee,  the report filed by the licensee shall
contain a certificate signed by the trustee of the care funds
of such  licensee  certifying  to  the  truthfulness  of  the
statements  in  the  report  as  to  (1)  the total amount of
principal of the care funds held  by  the  trustee,  (2)  the
securities in which such care funds are invested and the cash
on  hand  as  of  the  date  of the report and (3) the income
received from such care funds during the  preceding  calendar
year, or fiscal year, as the case may be.
    Such  report shall be filed by such licensee on or before
March 15  of  each  calendar  year,  in  the  office  of  the
Comptroller.  If  the  fiscal  year of such licensee is other
than on a calendar year basis, then such licensee shall  file
the  report  required  by this Section within 2 1/2 months of
the end of its fiscal year. The Comptroller  shall  for  good
cause  shown  grant an extension for the filing of the annual
report upon  the  written  request  of  the  licensee.   Such
extension  shall  not exceed 60 days.  If a licensee fails to
submit an annual report to the Comptroller  within  the  time
specified  in this Section, the Comptroller shall impose upon
the licensee a penalty of $5  for  each  and  every  day  the
licensee  remains delinquent in submitting the annual report.
The Comptroller may abate all or part of the $5 daily penalty
for good cause shown.
    Such report shall be made under oath and shall be in  the
form  furnished  by  the  Comptroller.   Each report shall be
accompanied by a check or money order in the amount  of  $10,
payable to: Comptroller, State of Illinois.
    If  any  annual  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
over  that  shown  by  the  next  preceding  report, then the
fidelity bond theretofore filed shall  be  increased  to  the
amount  required  by  Section  9  of this Act. Such increased
fidelity bond shall accompany the report and no report  shall
be  accepted  by  the  Comptroller unless accompanied by such
bond, except where the filing of a bond is excused by Section
18 of this Act.
(Source: P.A. 88-477; 89-615, eff. 8-9-96.)

    (760 ILCS 100/13) (from Ch. 21, par. 64.13)
    Sec. 13. Books, accounts, and records.    Every  licensee
and  the trustee of the care funds of every licensee shall be
a resident of this State and shall keep in this State and use
in its business such books,  accounts  and  records  as  will
enable  the Comptroller to determine whether such licensee or
trustee is complying with the provisions of this Act and with
the rules, regulations and directions made by the Comptroller
hereunder.  The licensee shall keep the books, accounts,  and
records  at  the location identified in the license issued by
the Comptroller or as otherwise agreed by the Comptroller  in
writing.    The   books,   accounts,  and  records  shall  be
accessible for review upon demand of the Comptroller.
(Source: P.A. 78-592.)

    (760 ILCS 100/15b)
    Sec. 15b.  Sales; liability of purchaser for shortage.
    In the case of a sale of any privately operated  cemetery
or  any part thereof or of any related personal property by a
cemetery authority to a purchaser or pursuant to  foreclosure
proceedings,  except  the sale of burial rights, services, or
merchandise to a person for his or  her  personal  or  family
burial   or  interment,  the  purchaser  is  liable  for  any
shortages existing before or after the sale in the care funds
required to be maintained in a trust pursuant to this Act and
shall honor all instruments issued under Section 4  for  that
cemetery. Any shortages existing in the care funds constitute
a prior lien in favor of the trust for the total value of the
shortages,  and  notice of such lien shall be provided in all
sales instruments.
    In  the  event  of  a  sale  or  transfer   of   all   or
substantially  all  of  the assets of the cemetery authority,
the sale or transfer  of  the  controlling  interest  of  the
corporate  stock  of  the  cemetery authority if the cemetery
authority is a corporation, or the sale or  transfer  of  the
controlling of the partnership if the cemetery authority is a
partnership,  the  cemetery authority shall, at least 21 days
prior to the sale or transfer,  notify  the  Comptroller,  in
writing,  of  the  pending  date of sale or transfer so as to
permit the Comptroller to audit the books and records of  the
cemetery  authority.  The audit must be commenced within 10 5
business  days  of  the  receipt  of  the  notification   and
completed  within  the  21 day notification period unless the
Comptroller  notifies  the  cemetery  authority  during  that
period that there is a basis  for  determining  a  deficiency
which  will require additional time to finalize.  The sale or
transfer may not  be  completed  by  the  cemetery  authority
unless and until:
         (a)  The  Comptroller has completed the audit of the
    cemetery authority's books and records;
         (b)  Any delinquency existing in the care funds  has
    been  paid  by  the  cemetery  authority, or arrangements
    satisfactory to the Comptroller have  been  made  by  the
    cemetery  authority  on  the  sale  or  transfer  for the
    payment of any delinquency;
         (c)  The Comptroller  issues  a  new  cemetery  care
    license   upon   application   of  the  newly  controlled
    corporation or partnership, which license must be applied
    for within 30 days of the anticipated date of the sale or
    transfer, subject to the payment of any delinquencies, if
    any, as stated in item (b) above.
    For  purposes  of   this   Section,   a   person,   firm,
corporation,  partnership,  or  institution that acquires the
cemetery through a real estate foreclosure shall  be  subject
to  the  provisions of this Section.  The sale or transfer of
the controlling  interest  of  a  cemetery  authority  to  an
immediate  family  member  is  not  subject  to  the  license
application process required in item (c) of this Section.
    In  the event of a sale or transfer of any cemetery land,
including any portion of cemetery  land  in  which  no  human
remains  have  been  interred,  a licensee shall, at least 21
days prior to the sale or transfer, notify  the  Comptroller,
in writing, of the pending sale or transfer.
(Source: P.A. 90-623, eff. 7-10-98.)

    (760 ILCS 100/24) (from Ch. 21, par. 64.24)
    Sec.  24.   Whoever  intentionally  fails  to deposit the
required amounts into a  trust  provided  for  in  this  Act,
intentionally  and  improperly  withdraws or uses trust funds
for his  or  her  own  benefit,  or  otherwise  intentionally
violates  any  provision  of  this Act (other than except the
provisions of Section 23 and subsections (b), (c),  (d),  and
(e)  of  Section 2a) shall be guilty of a Class 4 felony, and
each day such provisions  are  violated  shall  constitute  a
separate offense.
    If any person intentionally violates this Act or fails or
refuses  to  comply  with any order of the Comptroller or any
part of an order that has become final to such person and  is
still  in  effect,  the  Comptroller  may,  after  notice and
hearing at which it is determined that a  violation  of  this
Act or such order has been committed, further order that such
person  shall  forfeit and pay to the State of Illinois a sum
not to exceed $5,000  for  each  violation.   Such  liability
shall  be  enforced  in  an  action  brought  in any court of
competent jurisdiction by the Comptroller in the name of  the
People of the State of Illinois.
    In  addition to the other penalties and remedies provided
in this Act, the Comptroller may bring a civil action in  the
county  of  residence of the licensee or any person accepting
care funds to enjoin any violation or threatened violation of
this Act.
    The powers vested in the Comptroller by this Section  are
additional to any and all other powers and remedies vested in
the Comptroller by law.
(Source: P. A. 86-1359.)

    (760 ILCS 100/26 new)
    Sec.  26.  Abandoned  or  neglected cemeteries; clean-up.
The Comptroller may administer a program for the  purpose  of
cleaning  up  abandoned  or  neglected  cemeteries located in
Illinois.  Administration of this  program  may  include  the
Comptroller's issuance of grants for that purpose to units of
local   government,   school  districts,  and  not-for-profit
associations.
    If an abandoned or neglected cemetery has been  dedicated
as  an  Illinois  nature  preserve under the Illinois Natural
Areas Preservation Act, any action to cause the clean  up  of
the  cemetery  under  the provisions of this Section shall be
consistent with the  rules  and  master  plan  governing  the
dedicated nature preserve.

    Section  40.  The  Cemetery  Protection Act is amended by
changing Sections 1, 9, 10, 12, 13, and 14 and adding Section
16 as follows:

    (765 ILCS 835/1) (from Ch. 21, par. 15)
    Sec. 1. (a)  Any person who  acts  without  proper  legal
authority and who willfully and knowingly destroys or damages
the remains of a deceased human being or who desecrates human
remains is guilty of a Class 3 felony.
    (a-5)  Any person who acts without proper legal authority
and  who  willfully  and knowingly removes any portion of the
remains of a deceased human being from a burial ground  where
skeletal  remains  are  buried or from a grave, crypt, vault,
mausoleum, or other repository of human remains is guilty  of
a Class 4 felony.
    (b)  Any  person  who acts without proper legal authority
and who willfully and knowingly:
         (1)  obliterates, vandalizes, or desecrates a burial
    ground where skeletal remains  are  buried  or  a  grave,
    crypt,  vault,  mausoleum,  or  other repository of human
    remains;
         (2)  obliterates, vandalizes, or desecrates  a  park
    or   other   area  clearly  designated  to  preserve  and
    perpetuate the memory of a deceased person  or  group  of
    persons;
         (3)  obliterates,  vandalizes, or desecrates plants,
    trees, shrubs,  or  flowers  located  upon  or  around  a
    repository  for human remains or within a human graveyard
    or cemetery; or
         (4)  obliterates, vandalizes, or desecrates a fence,
    rail, curb,  or  other  structure  of  a  similar  nature
    intended  for  the protection or for the ornamentation of
    any tomb, monument, gravestone,  or  other  structure  of
    like character;
is  guilty  of  a  Class  A  misdemeanor if the amount of the
damage is less than $500, a Class 4 felony if the  amount  of
the  damage is at least $500 and less than $10,000, a Class 3
felony if the amount of the damage is at  least  $10,000  and
less  than  $100,000,  or  a  Class 2 felony if the damage is
$100,000  or  more  and  shall  provide  restitution  to  the
cemetery authority or property owner for the  amount  of  any
damage caused.
    (b-5)  Any person who acts without proper legal authority
and who willfully and knowingly defaces, vandalizes, injures,
or  removes  a  gravestone  or  other  memorial, monument, or
marker commemorating a deceased person or group  of  persons,
whether  located  within or outside of a recognized cemetery,
memorial park, or battlefield is guilty of a Class  4  felony
for  damaging  at least one but no more than 4 gravestones, a
Class 3 felony for damaging at least 5 but no  more  than  10
gravestones,  or  a  Class 2 felony for damaging more than 10
gravestones and shall provide  restitution  to  the  cemetery
authority  or  property  owner  for  the amount of any damage
caused.
    (b-7)  Any person who acts without proper legal authority
and who willfully and knowingly removes with  the  intent  to
resell  a  gravestone  or other memorial, monument, or marker
commemorating a deceased person or group of persons,  whether
located  within  or  outside  a recognized cemetery, memorial
park, or battlefield, is guilty of a Class 2 felony.
    (c)  The provisions of this Section shall  not  apply  to
the  removal  or unavoidable breakage or injury by a cemetery
authority of anything placed in or upon any  portion  of  its
cemetery  in violation of any of the rules and regulations of
the cemetery authority, nor to the removal of anything placed
in the cemetery by  or  with  the  consent  of  the  cemetery
authority  that in the judgment of the cemetery authority has
become wrecked, unsightly, or dilapidated.
    (d)  If  an  unemancipated  minor  is  found  guilty   of
violating  any  of  the  provisions of subsection (b) of this
Section and is unable to provide restitution to the  cemetery
authority  or  property owner, the parents or legal guardians
of that minor  shall  provide  restitution  to  the  cemetery
authority  or  property  owner  for  the amount of any damage
caused, up to the total amount  allowed  under  the  Parental
Responsibility Law.
    (e)  Any  person  who  shall hunt, shoot or discharge any
gun, pistol or  other  missile,  within  the  limits  of  any
cemetery, or shall cause any shot or missile to be discharged
into or over any portion thereof, or shall violate any of the
rules  made and established by the board of directors of such
cemetery, for the protection or government thereof, is guilty
of a Class C misdemeanor.
    (f)  Any person who knowingly enters or knowingly remains
upon the premises of a public  or  private  cemetery  without
authorization  during  hours  that  the cemetery is posted as
closed to the public is guilty of a Class A misdemeanor.
    (g)  All fines when recovered, shall be paid over by  the
court   or   officer  receiving  the  same  to  the  cemetery
association and be applied, as far as possible  in  repairing
the  injury,  if  any,  caused  by  such  offense.  Provided,
nothing contained in this Act  shall  deprive  such  cemetery
association,  or  the  owner  of  any  lot  or  monument from
maintaining an action for the recovery of damages  caused  by
any  injury  caused  by a violation of the provisions of this
Act, or of the rules established by the board of directors of
such cemetery association. Nothing in this Section  shall  be
construed  to  prohibit the discharge of firearms loaded with
blank  ammunition  as  part  of  any  funeral,  any  memorial
observance or any other patriotic or military ceremony.
(Source: P.A. 89-36, eff. 1-1-96.)

    (765 ILCS 835/9) (from Ch. 21, par. 21.2)
    Sec. 9.  When there is no memorial, monument,  or  marker
installed  on a cemetery lot; no interment in a cemetery lot;
no transfer or assignment of a cemetery lot on  the  cemetery
authority  records;  no  contact  by an owner recorded in the
cemetery authority records; publication has been  made  in  a
local  newspaper  and  no response was received; and 60 years
have passed since the cemetery  lot  was  sold,  there  is  a
presumption   that  the  cemetery  lot  has  been  abandoned.
Alternatively, where there is an obligation to pay a cemetery
authority, annually  or  periodically,  maintenance  or  care
charges  on a cemetery lot, or part thereof, and the owner of
or claimant to  a  right  or  easement  for  burial  in  such
cemetery lot, or part thereof, has failed to pay the required
annual  or  periodic maintenance or care charges for a period
of 30 years or more, such continuous failure to do so creates
and establishes a presumption that the cemetery lot, or  part
thereof, has been abandoned.
    Upon   a   court's   determination  of  abandonment,  the
ownership of a right or easement for  burial  in  a  cemetery
lot,  or part thereof, shall be subject to sale in the manner
hereinafter provided.
(Source: Laws 1961, p. 2908.)
    (765 ILCS 835/10) (from Ch. 21, par. 21.3)
    Sec. 10.  A cemetery authority may file in the office  of
the  clerk  of  the  circuit court of the county in which the
cemetery is located a verified petition praying for the entry
of an order adjudging a cemetery lot,  or  part  thereof,  to
have   been  abandoned.   The  petition  shall  describe  the
cemetery  lot,  or  part  thereof,  alleged  to   have   been
abandoned,  shall  allege  ownership by the petitioner of the
cemetery, and, if known, the name of the owner of  the  right
or easement for burial in such cemetery lot, or part thereof,
as  is  alleged  to  have  been  abandoned,  or, if the owner
thereof is known to the petitioner to be deceased,  then  the
names,  if  known to petitioner, of such claimants thereto as
are the heirs-at-law and next-of-kin or the specific legatees
under the will of the owner of  the  right  or  easement  for
burial  in such lot, or part thereof, and such other facts as
the petitioner may have with  respect  to  ownership  of  the
right  or  easement  for burial in such cemetery lot, or part
thereof.
    The petition shall also allege the facts with respect  to
the  abandonment  of  the  cemetery  lot  or  facts about the
obligation of the owner to pay annual or periodic maintenance
or care charges on such cemetery lot, or  part  thereof,  the
amount  of such charges as are due and unpaid, and shall also
allege the continuous failure by the owner or claimant to pay
such charges for a period of 30 consecutive years or more.
    Irrespective of diversity of ownership of  the  right  or
easement for burial therein, a cemetery authority may include
in  one  petition as many cemetery lots, or parts thereof, as
are alleged to have been abandoned.
(Source: P.A. 84-549.)

    (765 ILCS 835/12) (from Ch. 21, par. 21.5)
    Sec. 12.  In the event the owner, the  claimant,  or  the
heirs-at-law  and  next-of-kin or the specific legatees under
the will of either the owner or  claimant  submits  proof  of
ownership  to the court or, appears and answers the petition,
the presumption of abandonment shall no longer exist and  the
court  shall set the matter for hearing upon the petition and
such answers thereto as may be filed.
    In the event the defendant or defendants fails to  appear
and  answer  the  petition,  or  in  the  event that upon the
hearing the court determines from the evidence presented that
there has been an abandonment of  the  cemetery  lot  for  60
years  or  a continuous failure to pay the annual or periodic
maintenance or care charges on such lot, or part thereof, for
a period of 30 years or more  preceding  the  filing  of  the
petition,  then,  in  either  such  event,  an order shall be
entered adjudicating such lot, or part thereof, to have  been
abandoned  and  adjudging  the  right  or easement for burial
therein to be subject to sale by the  cemetery  authority  at
the expiration of one year from the date of the entry of such
order.   Upon entry of an order adjudicating abandonment of a
cemetery lot, or part thereof, the court shall fix  such  sum
as   is   deemed   a  reasonable  fee  for  the  services  of
petitioner's attorney.
(Source: P.A. 84-549.)

    (765 ILCS 835/13) (from Ch. 21, par. 21.6)
    Sec. 13.  In the event that, at any time within one  year
after adjudication of abandonment, the owner or claimant of a
lot,  or  part  thereof,  which  has been adjudged abandoned,
shall contact the court or the cemetery authority and pay all
maintenance or care charges that are due  and  unpaid,  shall
reimburse  the  cemetery  authority for the costs of suit and
necessary expenses incurred in the proceeding with respect to
such lot, or part thereof, and shall contract for its  future
care  and  maintenance, then such lot, or part thereof, shall
not be sold as herein provided  and,  upon  petition  of  the
owner  or  claimant, the order or judgment adjudging the same
to have been abandoned shall be vacated as to  such  lot,  or
part thereof.
(Source: P.A. 79-1365.)

    (765 ILCS 835/14) (from Ch. 21, par. 21.7)
    Sec.  14.  After the expiration of one year from the date
of entry of an order adjudging a lot,  or  part  thereof,  to
have  been  abandoned,  a  cemetery  authority shall have the
right to do so and may sell such lot,  or  part  thereof,  at
public sale and grant an easement therein for burial purposes
to  the  purchaser  at such sale, subject to the interment of
any human remains theretofore placed therein and the right to
maintain memorials placed thereon.  A cemetery authority  may
bid at and purchase such lot, or part thereof, at such sale.
    Notice of the time and place of any sale held pursuant to
an  order  adjudicating  abandonment  of  a cemetery, or part
thereof, shall be published once in a  newspaper  of  general
circulation  in  the county in which the cemetery is located,
such publication to be not less than 30  days  prior  to  the
date of sale.
    The  proceeds  derived  from  any  sale  shall be used to
reimburse the petitioner for the costs of suit and  necessary
expenses,  including  attorney's fees, incurred by petitioner
in  the  proceeding,  and  the  balance,  if  any,  shall  be
deposited into the cemetery  authority's  care  fund  or,  if
there is no care fund, used by the cemetery authority for the
care of its cemetery and for no other purpose.
(Source: P.A. 79-1365.)

    (765 ILCS 835/16 new)
    Sec.  16.  When  a multiple interment right owner becomes
deceased, the ownership of any  unused  rights  of  interment
shall  pass  in  accordance  with the specific bequest in the
decedent's will.   If there is no will  or  specific  bequest
then  the  use  of  the  unused  rights of interment shall be
determined by a cemetery authority  in  accordance  with  the
information  set  out  on  a  standard affidavit for cemetery
interment rights use form if such a form has  been  prepared.
The unused right of interment shall be used for the interment
of  the  first deceased heir listed on the standard affidavit
and continue in sequence until all listed heirs are deceased.
In the event  that  an  interment  right  is  not  used,  the
interment  right  shall pass to the heirs of the heirs of the
deceased interment right owner in perpetuity.  This shall not
preclude the ability of the  heirs  to  sell  said  interment
rights,  in  the  event  that  all listed living heirs are in
agreement.  If the standard affidavit for cemetery  interment
rights  use,  showing  heirship  of  decedent interment right
owner's living  heirs  is  provided  to  and  followed  by  a
cemetery  authority, the cemetery authority shall be released
of any liability in relying on that affidavit.
    The following is the form of the standard affidavit:

STATE OF ILLINOIS             )
                              ) SS
COUNTY OF ....................)

         AFFIDAVIT FOR CEMETERY INTERMENT RIGHTS USE
I, .............., being first duly sworn on oath depose  and
say that:
    1.  A.  My place of residence is ........................
        B.  My post office address is .......................
        C.  I  understand that I am providing the information
    contained  in  this   affidavit   to   the   ............
    ("Cemetery")  and  the  Cemetery shall, in the absence of
    directions to the contrary  in  my  will,  rely  on  this
    information   to  allow  the  listed  individuals  to  be
    interred in any unused interment rights in the  order  of
    their death.
        D.  I  understand  that,  if  I  am  an  out-of-state
    resident, I submit myself to the jurisdiction of Illinois
    courts for all matters related to the preparation and use
    of  this  affidavit.   My agent for service of process in
    Illinois is:
         Name ................. Address .....................
         City ................. Telephone ...................

    Items 2 through 6 must be completed by  the  executor  of
the  decedent's  estate,  a  personal representative, owner's
surviving spouse, or surviving heir.
    2.  The decedent's name is ..............................
    3.  The date of decedent's death was ....................
    4.  The decedent's place of residence immediately  before
his or her death was ........................................
    5.  My relationship to the decedent is ..................
    6.  At  the  time of death, the decedent (had no) (had a)
surviving spouse.  The name of the surviving spouse, if  any,
is  .....................,  and  he  or  she  (has) (has not)
remarried.
    7.  The following is a list  of  the  cemetery  interment
rights  that  may  be  used  by  the  heirs  if  the owner is
deceased:
.............................................................
.............................................................
    8.  The  following  persons  have  a  right  to  use  the
cemetery interment rights in the order of their death:
.......................... Address ..........................
.......................... Address ..........................
.......................... Address ..........................
.......................... Address ..........................
.......................... Address ..........................
.......................... Address ..........................
.......................... Address ..........................

    9.  This affidavit is made for the purpose  of  obtaining
the  consent  of  the  undersigned  to  transfer the right of
interment at the above mentioned  cemetery  property  to  the
listed  heirs.   Affiants  agree  that  they  will save, hold
harmless, and  indemnify  Cemetery,  its  heirs,  successors,
employees,  and  assigns,  from  all  claims, loss, or damage
whatsoever that may result from relying on this affidavit  to
record  said  transfer in its records and allow interments on
the basis of the information contained in this affidavit.

    WHEREFORE affiant  requests  Cemetery  to  recognize  the
above  named heirs-at-law as those rightfully entitled to the
use of said interment (spaces) (space).

THE FOREGOING  STATEMENT  IS  MADE  UNDER  THE  PENALTIES  OF
PERJURY.  (A FRAUDULENT STATEMENT MADE UNDER THE PENALTIES OF
PERJURY IS PERJURY AS DEFINED IN THE CRIMINAL CODE OF 1961.)
    Dated this ........ day of ..............,  .....

    ...................  (Seal) (To be signed by the owner or
    the individual who completes items 2 through 6 above.)
Subscribed and sworn to before me, a Notary Public in and for
the  County  and   State   of .............. aforesaid   this
........ day of ..............., .....

............................ Notary Public.

    Section  45.  The Illinois Pre-Need Cemetery Sales Act is
amended by changing Sections 1, 4, 5, 6, 7, 8, 8a, 9, 12, 14,
16, 19, 20, 22, and 23 and adding Section 27.1 as follows:

    (815 ILCS 390/1) (from Ch. 21, par. 201)
    Sec. 1.  Purpose.  It is  the  purpose  of  this  Act  to
assure  adequate  protection  for  those who contract through
pre-need contracts  for  the  purchase  of  certain  cemetery
merchandise  and cemetery services and undeveloped interment,
entombment or inurnment space,  when  the  seller  may  delay
delivery  or performance more than 120 days following initial
payment on the account.
(Source: P.A. 85-805.)

    (815 ILCS 390/4) (from Ch. 21, par. 204)
    Sec. 4.  Definitions.  As used in this Act, the following
terms shall have the meaning specified:
    (A) A.  "Pre-need sales  contract"  or  "Pre-need  sales"
means  any  agreement or contract or series or combination of
agreements or contracts which have for a purpose the sale  of
cemetery   merchandise,   cemetery  services  or  undeveloped
interment, entombment or inurnment spaces where the terms  of
such  sale  require  payment  or  payments  to  be  made at a
currently  determinable  time  and  where  the   merchandise,
services or completed spaces are to be provided more than 120
days  following  the  initial  payment  on  the  account.  An
agreement  or  contract  for  a memorial, marker, or monument
shall  not  be  deemed  a  "pre-need  sales  contract"  or  a
"pre-need sale" if  the  memorial,  marker,  or  monument  is
delivered  within  180  days following initial payment on the
account and work thereon commences a  reasonably  short  time
after initial payment on the account.
    (B) B.  "Delivery" occurs when:
         (1)  Physical   possession  of  the  merchandise  is
    transferred or  the  easement  for  burial  rights  in  a
    completed space is executed, delivered and transferred to
    the buyer; or
         (2)  Following  authorization by a purchaser under a
    pre-need sales contract, title  to  the  merchandise  has
    been  transferred  to  the  buyer and the merchandise has
    been paid for and is in the possession of the seller  who
    has  placed it, until needed, at the site of its ultimate
    use; or
         (3)  (A)  Following  authorization  by  a  purchaser
    under a pre-need sales contract, the merchandise has been
    permanently identified with the name of the buyer or  the
    beneficiary  and  delivered  to  a  licensed  and  bonded
    warehouse  and  both  title  to  the  merchandise  and  a
    warehouse receipt have been delivered to the purchaser or
    beneficiary  and a copy of the warehouse receipt has been
    delivered to the licensee for  retention  in  its  files;
    except  that  in the case of outer burial containers, the
    use of a licensed and bonded warehouse as  set  forth  in
    this paragraph shall not constitute delivery for purposes
    of  this Act.  Nothing herein shall prevent a seller from
    perfecting a security interest  in  accordance  with  the
    Uniform  Commercial Code on any merchandise covered under
    this Act.
         (B)  All  warehouse  facilities  to  which   sellers
    deliver merchandise pursuant to this Act shall:
              (i)  be either located in the State of Illinois
         or  qualify  as  a  foreign  warehouse  facility  as
         defined herein;
              (ii)  submit  to  the Comptroller not less than
         annually, by March 1 of each year, a report  of  all
         cemetery  merchandise  stored by each licensee under
         this Act which is in storage  on  the  date  of  the
         report;
              (iii)  permit  the  Comptroller or his designee
         at any time to examine  stored  merchandise  and  to
         examine any documents pertaining thereto;
              (iv)  submit   evidence   satisfactory  to  the
         Comptroller that  all  merchandise  stored  by  said
         warehouse  for  licensees  under this Act is insured
         for casualty or other loss  normally  assumed  by  a
         bailee for hire;
              (v)  demonstrate  to  the  Comptroller that the
         warehouse  has  procured  and   is   maintaining   a
         performance  bond  in  the  form, content and amount
         sufficient  to  unconditionally  guarantee  to   the
         purchaser  or beneficiary the prompt shipment of the
         cemetery merchandise.
    (C)  "Cemetery  merchandise"  means  items  of   personal
property  normally  sold  by a cemetery authority not covered
under the Illinois Funeral or Burial Funds Act, including but
not limited to:
         (1)  memorials,
         (2)  markers,
         (3)  monuments,
         (4)  foundations, and
         (5)  outer burial containers.
    (D)  "Undeveloped  interment,  entombment  or   inurnment
spaces"  or  "undeveloped  spaces" means any space to be used
for the reception of human remains that is not completely and
totally constructed at the time of initial  payment  therefor
in a:
         (1)  lawn crypt,
         (2)  mausoleum,
         (3)  garden crypt,
         (4)  columbarium, or
         (5)  cemetery section.
    (E)  "Cemetery services" means those services customarily
performed  by  cemetery  or crematory personnel in connection
with the interment, entombment, inurnment or cremation  of  a
dead human body.
    (F)  "Cemetery   section"  means  a  grouping  of  spaces
intended to be developed simultaneously for  the  purpose  of
interring human remains.
    (G)  "Columbarium"  means  an  arrangement of niches that
may be an entire building,  a  complete  room,  a  series  of
special indoor alcoves, a bank along a corridor or part of an
outdoor  garden  setting  that  is  constructed  of permanent
material such as bronze, marble, brick, stone or concrete for
the inurnment of human remains.
    (H)  "Lawn crypt" means  a  permanent  underground  crypt
usually   constructed   of  reinforced  concrete  or  similar
material installed  in  multiple  units  for  the  entombment
interment of human remains.
    (I)  "Mausoleum"  or  "garden  crypt" means a grouping of
spaces constructed of reinforced concrete or similar material
constructed or assembled above the ground for entombing human
remains.
    (J)  "Memorials, markers and monuments" means the  object
usually  comprised of a permanent material such as granite or
bronze used to identify and memorialize the deceased.
    (K)  "Foundations" means those items  used  to  affix  or
support  a  memorial  or monument to the ground in connection
with the installation of a memorial, marker or monument.
    (L)  "Person"   means   an    individual,    corporation,
partnership,   joint   venture,   business  trust,  voluntary
organization or any other form of entity.
    (M)  "Seller" means any person selling  or  offering  for
sale  cemetery  merchandise, cemetery services or undeveloped
interment, entombment, or inurnment spaces in accordance with
a pre-need sales contract on a pre-need basis.
    (N)  "Religious  cemetery"  means   a   cemetery   owned,
operated,  controlled  or  managed  by any recognized church,
religious society, association  or  denomination  or  by  any
cemetery  authority  or  any  corporation  administering,  or
through  which  is  administered,  the  temporalities  of any
recognized  church,   religious   society,   association   or
denomination.
    (O)  "Municipal   cemetery"   means   a  cemetery  owned,
operated,  controlled  or  managed  by  any  city,   village,
incorporated   town,  township,  county  or  other  municipal
corporation,  political   subdivision,   or   instrumentality
thereof  authorized  by  law  to  own,  operate  or  manage a
cemetery.
    (O-1)  "Outer burial container" means a container made of
concrete, steel, wood, fiberglass, or similar material,  used
solely   at   the  interment  site,  and  designed  and  used
exclusively to surround or enclose a separate casket  and  to
support  the  earth  above  such  casket, commonly known as a
burial vault, grave box, or grave liner, but not including  a
lawn crypt.
    (P)  "Sales  price"  means  the  gross  amount  paid by a
purchaser  on  a  pre-need  sales   contract   for   cemetery
merchandise,  cemetery  services  or  undeveloped  interment,
entombment or inurnment spaces, excluding sales taxes, credit
life  insurance  premiums,  finance charges and Cemetery Care
Act contributions.
    (Q)  (Blank).
    (R) "Provider" means a  person  who  is  responsible  for
performing   cemetery   services   or   furnishing   cemetery
merchandise,   interment   spaces,   entombment   spaces,  or
inurnment spaces under a pre-need sales contract.
    (S)  "Purchaser"  or  "buyer"  means   the   person   who
originally  paid  the  money  under  or  in connection with a
pre-need sales contract.
    (T) "Parent company" means a corporation owning more than
12 cemeteries or funeral homes in more than one state.
    (U)  "Foreign  warehouse  facility"  means  a   warehouse
facility  now  or hereafter located in any state or territory
of the United States, including  the  District  of  Columbia,
other than the State of Illinois.
    A  foreign  warehouse  facility  shall  be deemed to have
appointed the Comptroller to be its true and lawful  attorney
upon  whom  may  be served all legal process in any action or
proceeding against it relating to or growing out of this Act,
and the acceptance of  the  delivery  of  stored  merchandise
under  this  Act shall be signification of its agreement that
any such process against it which is so served, shall  be  of
the  same  legal  force and validity as though served upon it
personally.
    Service of such process shall be made  by  delivering  to
and  leaving with the Comptroller, or any agent having charge
of  the  Comptroller's  Department  of  Cemetery  and  Burial
Trusts, a copy of such process  and  such  service  shall  be
sufficient  service  upon  such foreign warehouse facility if
notice of such service and a copy of the process are,  within
10  days thereafter, sent by registered mail by the plaintiff
to the foreign warehouse facility at its principal office and
the plaintiff's affidavit of compliance herewith is  appended
to  the  summons.  The Comptroller shall keep a record of all
process served upon him under this Section and  shall  record
therein the time of such service.
(Source:  P.A.  91-7,  eff.  1-1-2000;  91-357, eff. 7-29-99;
revised 8-30-99.)

    (815 ILCS 390/5) (from Ch. 21, par. 205)
    Sec. 5.  It is unlawful for any seller person directly or
indirectly doing business within this State, through an agent
or otherwise to engage in pre-need sales  without  a  license
issued by the Comptroller.
(Source: P.A. 84-239.)

    (815 ILCS 390/6) (from Ch. 21, par. 206)
    Sec. 6.  License application.
    (a)  An  application  for  a  license  shall  be  made in
writing to the Comptroller on forms prescribed by him or her,
signed by the applicant  under  oath  verified  by  a  notary
public,  and  shall  be  accompanied  by a non-returnable $25
application fee.  The Comptroller may  prescribe  abbreviated
application  forms  for  persons  holding a license under the
Cemetery  Care   Act.    Applications   (except   abbreviated
applications)   must   include   at   least   the   following
information:
         (1)  The  full  name and address, both residence and
    business,  of  the  applicant  if  the  applicant  is  an
    individual;  of  every   member   if   applicant   is   a
    partnership; of every member of the Board of Directors if
    applicant  is  an  association;  and  of  every  officer,
    director  and shareholder holding more than 10% 5% of the
    corporate stock if applicant is a corporation;
         (2)  A detailed statement of applicant's assets  and
    liabilities;
         (2.1)  The  name  and  address  of  the  applicant's
    principal place of business at which the books, accounts,
    and   records   are  available  for  examination  by  the
    Comptroller as required by this Act;
         (2.2)  The  name  and  address  of  the  applicant's
    branch  locations  at  which  pre-need  sales   will   be
    conducted  and  which will operate under the same license
    number as the applicant's principal place of business;
         (3)  For each individual listed under (1)  above,  a
    detailed   statement   of   the   individual's   business
    experience  for  the  10  years immediately preceding the
    application; any present or prior connection between  the
    individual  and  any  other  person  engaged  in pre-need
    sales; any felony or misdemeanor  convictions  for  which
    fraud was an essential element; any charges or complaints
    lodged  against  the  individual  for  which fraud was an
    essential element and which resulted in civil or criminal
    litigation; any failure of the individual to  satisfy  an
    enforceable  judgment  entered  against  him or her based
    upon fraud; and any other information  requested  by  the
    Comptroller  relating  to  the past business practices of
    the individual.  Since the information required  by  this
    paragraph  may  be  confidential  or  contain proprietary
    information, this information shall not be  available  to
    other  licensees  or the general public and shall be used
    only for  the  lawful  purposes  of  the  Comptroller  in
    enforcing this Act;
         (4)  The name of the trustee and, if applicable, the
    names of the advisors to the trustee, including a copy of
    the  proposed trust agreement under which the trust funds
    are to be held as required by this Act;
         (5)  Where applicable, the  name  of  the  corporate
    surety  company  providing  the  performance bond for the
    construction of undeveloped spaces  and  a  copy  of  the
    bond; and
         (6)  Such  other  information as the Comptroller may
    reasonably   require   in   order   to   determine    the
    qualification  of the applicant to be licensed under this
    Act.
    (b)  Applications for license shall be accompanied  by  a
fidelity  bond  executed  by  the  applicant  and  a security
company authorized to do  business  in  this  State  in  such
amount,   not  exceeding  $10,000,  as  the  Comptroller  may
require.  The Comptroller may require  additional  bond  from
time  to  time  in  amounts  equal to one-tenth of such trust
funds but not to exceed $100,000, which bond shall run to the
Comptroller for the use and benefit of the  beneficiaries  of
such trust funds.  Such licensee may by written permit of the
Comptroller be authorized to operate without additional bond,
except   such  fidelity  bond  as  may  be  required  by  the
Comptroller for the protection of the licensee  against  loss
by default by any of its employees engaged in the handling of
trust funds.
    (c)  Any application not acted upon within 90 days may be
deemed denied.
(Source: P.A. 88-477.)

    (815 ILCS 390/7) (from Ch. 21, par. 207)
    Sec.  7.   The  Comptroller  may  refuse  to issue or may
suspend or revoke a license on any of the following grounds:
    (a)  The   applicant   or   licensee   has    made    any
misrepresentations  or  false  statements  or  concealed  any
material fact;
    (b)  The applicant or licensee is insolvent;
    (c)  The  applicant  or  licensee  has  been  engaged  in
business practices that work a fraud;
    (d)  The  applicant  or  licensee  has  refused  to  give
pertinent data to the Comptroller;
    (e)  The  applicant or licensee has failed to satisfy any
enforceable judgment or  decree  rendered  by  any  court  of
competent jurisdiction against the applicant;
    (f)  The  applicant or licensee has conducted or is about
to conduct business in a fraudulent manner;
    (g)  The trustee advisors or the trust agreement  is  not
in  compliance  with State or federal law satisfactory to the
Comptroller;
    (h)  The   pre-construction    performance    bond,    if
applicable, is not satisfactory to the Comptroller;
    (i)  The   fidelity  bond  is  not  satisfactory  to  the
Comptroller;
    (j)  As  to  any  individual  listed   in   the   license
application  as  required  pursuant  to  Section 6, that such
individual has conducted or is about to conduct any  business
on  behalf of the applicant in a fraudulent manner,; has been
convicted of any felony or misdemeanor an  essential  element
of which is fraud, has had a judgment rendered against him or
her  based on fraud in any civil litigation, or has failed to
satisfy any enforceable judgment or decree  rendered  against
him  by  any  court  of  competent  jurisdiction, or has been
convicted of any felony or any theft-related offense;
    (k)  The applicant or licensee has  failed  to  make  the
annual  report required by this Act or to comply with a final
order, decision, or finding of the Comptroller made  pursuant
to this Act;
    (l)  The  applicant  or  licensee,  including any member,
officer, or director thereof if the applicant or licensee  is
a  firm,  partnership,  association,  or  corporation and any
shareholder holding more than 10% of the corporate stock, has
violated any provision of this Act or any regulation or order
made by the Comptroller under this Act; or
    (m)  The Comptroller finds any fact or condition existing
which, if  it  had  existed  at  the  time  of  the  original
application   for  such  license  would  have  warranted  the
Comptroller in refusing the issuance of the license.
(Source: P.A. 85-842.)

    (815 ILCS 390/8) (from Ch. 21, par. 208)
    Sec. 8.  (a) Every  license  issued  by  the  Comptroller
shall  state the number of the license, the business name and
address of the licensee's principal place of  business,  each
branch  location  also  operating  under the license, and the
licensee's parent company, if  any.  licensee  at  which  the
business  is  to  be  conducted,  and   The  license shall be
conspicuously posted in each the place of business  operating
under  the license.  No more than one place of business shall
be maintained under the same license,  but   The  Comptroller
may issue additional licenses as may be necessary for license
branch  locations  more  than  one license to a licensee upon
compliance with the  provisions  of  this  Act  governing  an
original issuance of a license for each new license.
    (b)  Individual  salespersons  representing employed by a
licensee shall not be required to obtain  licenses  in  their
individual  capacities  but  must  acknowledge, by affidavit,
that they have been provided a copy of  and  have  read  this
Act.   The  licensee  must retain copies of the affidavits of
its salespersons for its records and must make the affidavits
available to the Comptroller for examination upon request.
    (c)  The licensee shall be responsible for the activities
of  any  person  representing  the  licensee  in  selling  or
offering a pre-need contract  for  sale  all  individuals  or
sales organizations selling under contract with, as agents or
on behalf of the licensee.
    (d)  Any  sales  company  or  other person not selling on
behalf of a licensee shall be required to obtain his  or  her
its own license.
    (e)  Any  person  engaged  in  pre-need sales, as defined
herein, prior to the effective date of this Act may  continue
operations  until  the application for license under this Act
is denied; provided that such person shall  make  application
for  a  license  within  60 days of the date that application
forms are made available by the Comptroller.
    (f)  No  license  shall  be  transferable  or  assignable
without the express written consent of  the  Comptroller.   A
transfer  of  more  than 50% of the ownership of any business
licensed  hereunder  shall  be  deemed  to  be  an  attempted
assignment of the license originally issued to  the  licensee
for which consent of the Comptroller shall be required.
    (g)  Every license issued hereunder shall remain in force
until  the same has been suspended, surrendered or revoked in
accordance with this  Act,  but  the  Comptroller,  upon  the
request  of  an  interested  person or on his own motion, may
issue new licenses to a licensee whose  license  or  licenses
have  been  revoked,  if  no  factor or condition then exists
which  would  have  warranted  the  Comptroller  in  refusing
originally the issuance of such license.
(Source: P.A. 84-239.)

    (815 ILCS 390/8a)
    Sec. 8a.  Investigation of  unlawful  practices.   If  it
appears  to  the Comptroller that a person has engaged in, is
engaging in, or  is  about  to  engage  in  any  practice  in
violation  of  declared  to  be  unlawful  by  this  Act, the
Comptroller may:
         (1)  require that person to file on  such  terms  as
    the  Comptroller  prescribes  a  statement  or  report in
    writing,  under  oath  or   otherwise,   containing   all
    information  the  Comptroller  may  consider necessary to
    ascertain whether a licensee is in compliance  with  this
    Act,  or  whether  an  unlicensed  person  is engaging in
    activities for which a license is required;
         (2)  examine under oath  any  person  in  connection
    with  the  books  and  records pertaining to or having an
    impact upon the trust funds  required  to  be  maintained
    pursuant to this Act;
         (3)  examine  any books and records of the licensee,
    trustee, or investment advisor that the  Comptroller  may
    consider necessary to ascertain compliance with this Act;
    and
         (4)  require the production of a copy of any record,
    book,  document,  account,  or  paper that is produced in
    accordance with this Act and retain  it  in  his  or  her
    possession  until  the  completion  of all proceedings in
    connection with which it is produced.
(Source: P.A. 89-615, eff. 8-9-96.)

    (815 ILCS 390/9) (from Ch. 21, par. 209)
    Sec.  9.   The  Comptroller  may,  upon  his  own  motion
investigate the actions of any person providing, selling,  or
offering  pre-need sales contracts or of any applicant or any
person or persons holding or claiming to hold a license under
this Act.  The Comptroller shall make such  an  investigation
on  receipt  of  the verified written complaint of any person
setting  forth  facts  which,  if  proved,  would  constitute
grounds for refusal, suspension, or revocation of  a  license
with  respect  to  which  grounds for revocation may occur or
exist, or if he shall find that such grounds  for  revocation
are of general application to all offices or to more than one
office  operated  by  such licensee, he may revoke all of the
licenses issued to such licensee or such number of  licensees
to  which grounds apply, as the case may be.  Before refusing
to issue, and before suspension or revocation of  a  license,
the Comptroller shall hold a hearing to determine whether the
applicant  or  licensee,  hereafter called the respondent, is
entitled to hold such a license.  At least 10 days  prior  to
the  date  set for such hearing, the Comptroller shall notify
the respondent in writing  that  on  the  date  designated  a
hearing  will  be  held  to  determine  his eligibility for a
license and that he may  appear  in  person  or  by  counsel.
Such   written   notice  may  be  served  on  the  respondent
personally, or by registered or certified mail  sent  to  the
respondent's   business   address  as  shown  in  his  latest
notification to the Comptroller and shall include  sufficient
information to inform the respondent of the general nature of
the  charge.   At  the  hearing,  both the respondent and the
complainant shall be accorded ample opportunity to present in
person or by counsel such statements, testimony, evidence and
argument as may be pertinent to the charges or to any defense
thereto.   The  Comptroller  may  reasonably  continue   such
hearing from time to time.
    The  Comptroller  may  subpoena  any person or persons in
this State and take testimony orally,  by  deposition  or  by
exhibit,  in  the  same  manner  and  with  the same fees and
mileage as prescribed in judicial proceedings in civil cases.
    Any authorized agent of the  Comptroller  may  administer
oaths  to  witnesses  at any hearing which the Comptroller is
authorized to conduct.
    The  Comptroller,  at  his  expense,  shall   provide   a
certified  shorthand  reporter to take down the testimony and
preserve a record of all proceedings at the  hearing  of  any
case involving the refusal to issue a license, the suspension
or  revocation  of  a  license,  the imposition of a monetary
penalty, or the referral of a case for criminal  prosecution.
The record of any such proceeding shall consist of the notice
of  hearing,  complaint, all other documents in the nature of
pleadings and written motions filed in the  proceedings,  the
transcript  of  testimony  and  the  report and orders of the
Comptroller.  Copies of the transcript of such record may  be
purchased  from the certified shorthand reporter who prepared
the record or from the Comptroller.
(Source: P.A. 84-239.)

    (815 ILCS 390/12) (from Ch. 21, par. 212)
    Sec. 12.  License revocation or suspension.
    (a)  The Comptroller may, upon determination that grounds
exist for the revocation or suspension of  a  license  issued
under  this  Act,  revoke  or  suspend,  if  appropriate, the
license issued to a licensee or to a particular branch office
location with respect to which the grounds for revocation  or
suspension may occur or exist.
    (b)  Upon  the  revocation  or suspension of any license,
the licensee  shall  immediately  surrender  the  license  or
licenses  and  any branch office licenses to the Comptroller.
If the licensee fails to do so, the Comptroller has the right
to seize the license or licenses same.
(Source: P.A. 84-239.)

    (815 ILCS 390/14) (from Ch. 21, par. 214)
    Sec. 14.  Contract required.
    (a)  It is unlawful for any person seller doing  business
within  this  State to accept sales proceeds, either directly
or indirectly, by any means, unless the seller enters into  a
pre-need  sales  contract  with the purchaser which meets the
following requirements:
         (1)  A written sales contract shall be  executed  in
    at  least  11  point  type in duplicate for each pre-need
    sale made by a licensee, and a signed copy given  to  the
    purchaser.  Each completed contract shall be numbered and
    shall contain: (i) the name and address of the purchaser,
    the principal office of  the  licensee,  and  the  parent
    company  of  the licensee;  (ii) and the seller, the name
    of the person, if known, who is to receive  the  cemetery
    merchandise,   cemetery   services   or   the   completed
    interment,  entombment  or  inurnment  spaces  under  the
    contract;    and   (iii)   specific   identification   of
    specifically  identify  such  merchandise,  services   or
    spaces  to be provided, if a specific space or spaces are
    contracted  for,  and  the  price  of  the   merchandise,
    services, or space or spaces.
         (2)  In  addition,  such  contracts  must  contain a
    provision in distinguishing typeface as follows:
         "Notwithstanding anything in this  contract  to  the
    contrary,  you  are  afforded  certain specific rights of
    cancellation and refund under Sections 18 and 19  of  the
    Illinois Pre-Need Cemetery Sales Act, enacted by the 84th
    General Assembly of the State of Illinois".
         (3)  All pre-need sales contracts shall be sold on a
    guaranteed price basis. At the time of performance of the
    service  or delivery of the merchandise, the seller shall
    be prohibited from assessing the purchaser or  his  heirs
    or   assigns   or   duly  authorized  representative  any
    additional  charges  for  the  specific  merchandise  and
    services listed on the pre-need sales contract.
         (4)  Each contract shall clearly disclose  that  the
    price  of  the  merchandise or services is guaranteed and
    shall contain the following statement in  12  point  bold
    type:
         "THIS   CONTRACT   GUARANTEES  THE  BENEFICIARY  THE
    SPECIFIC   GOODS,   AND   SERVICES,   INTERMENT   SPACES,
    ENTOMBMENT SPACES, AND INURNMENT SPACES  CONTRACTED  FOR.
    NO  ADDITIONAL  CHARGES  MAY  BE REQUIRED. FOR DESIGNATED
    GOODS, AND SERVICES, AND SPACES.  ADDITIONAL CHARGES  MAY
    BE INCURRED FOR UNEXPECTED EXPENSES."
         (5)  The  pre-need sales contract shall provide that
    if   the   particular   cemetery    services,    cemetery
    merchandise, or spaces specified in the pre-need contract
    are unavailable at the time of delivery, the seller shall
    be  required to furnish services, merchandise, and spaces
    similar in  style  and  at  least  equal  in  quality  of
    material and workmanship.
         (6)  The  pre-need  contract shall also disclose any
    specific penalties to be incurred by the purchaser  as  a
    result  of  failure to make payments; and penalties to be
    incurred or moneys or refunds to be received as a  result
    of cancellation of the contract.
         (7)  The pre-need contract shall disclose the nature
    of the relationship between the provider and the seller.
         (8)  Each  pre-need  contract  that  authorizes  the
    delivery of cemetery merchandise to a licensed and bonded
    warehouse shall provide that prior to or upon delivery of
    the  merchandise  to  the  warehouse  the  title  to  the
    merchandise and a warehouse receipt shall be delivered to
    the  purchaser  or  beneficiary.   The  pre-need contract
    shall contain the following statement in  12  point  bold
    type:
    "THIS  CONTRACT AUTHORIZES THE DELIVERY OF MERCHANDISE TO
    A LICENSED  AND  BONDED  WAREHOUSE  FOR  STORAGE  OF  THE
    MERCHANDISE  UNTIL  THE  MERCHANDISE  IS  NEEDED  BY  THE
    BENEFICIARY.  DELIVERY  OF THE MERCHANDISE IN THIS MANNER
    MAY  PRECLUDE  REFUND   OF   SALE   PROCEEDS   THAT   ARE
    ATTRIBUTABLE TO THE DELIVERED MERCHANDISE."
         The  purchaser  shall  initial  the statement at the
    time of entry into the pre-need contract.
         (9)  Each  pre-need  contract  that  authorizes  the
    placement of cemetery merchandise  at  the  site  of  its
    ultimate  use  prior  to the time that the merchandise is
    needed by the beneficiary  shall  contain  the  following
    statement in 12 point bold type:
    "THIS CONTRACT AUTHORIZES THE PLACEMENT OF MERCHANDISE AT
    THE  SITE  OF ITS ULTIMATE USE PRIOR TO THE TIME THAT THE
    MERCHANDISE IS NEEDED BY THE BENEFICIARY. DELIVERY OF THE
    MERCHANDISE IN THIS MANNER MAY PRECLUDE  REFUND  OF  SALE
    PROCEEDS   THAT   ARE   ATTRIBUTABLE   TO  THE  DELIVERED
    MERCHANDISE."
         The purchaser shall initial  the  statement  at  the
    time of entry into the pre-need contract.
    (b)  Every  pre-need  sales contract must be in writing.,
and no pre-need sales contract form may be used unless it has
previously been filed with the Comptroller.  The  Comptroller
shall  review  all  pre-need  sales  contract forms and, upon
written notification to the seller, shall prohibit the use of
contract forms that do not meet the requirements of this Act.
Any use or attempted use of any oral pre-need sales  contract
or  any  written  pre-need sales contract in a form not filed
with the Comptroller or in a form  that  does  not  meet  the
requirements  of this Act shall be deemed a violation of this
Act. The Comptroller may by rule  develop  a  model  pre-need
sales contract form that meets the requirements of this Act.
    (c)  To the extent the Rule is applicable, every pre-need
sales  contract  is  subject  to the Federal Trade Commission
Rule concerning the Cooling-Off Period for Door-to-Door Sales
(16 CFR Part 429).
    (d)  No pre-need sales contract may be  entered  into  in
this  State  unless  there  is  a  provider  for the cemetery
merchandise, cemetery services,  and  undeveloped  interment,
inurnment,  and  entombment spaces being sold.  If the seller
is not the provider, then the  seller  must  have  a  binding
agreement  with  a provider, and the identity of the provider
and the nature of the agreement between the  seller  and  the
provider  must be disclosed in the pre-need sales contract at
the time of sale and before the receipt of any sale proceeds.
The failure to disclose the identity  of  the  provider,  the
nature  of the agreement between the seller and the provider,
or any changes thereto to the purchaser and  beneficiary,  or
the  failure to make the disclosures required by this Section
constitutes an intentional violation of this Act.
    (e)  No pre-need contract may be  entered  into  in  this
State  unless  it  is  accompanied  by  a  funding  mechanism
permitted under this Act and unless the seller is licensed by
the  Comptroller as provided in this Act. Nothing in this Act
is intended to  relieve  providers  or  sellers  of  pre-need
contracts  from  being  licensed under any other Act required
for their profession or business or from being subject to the
rules promulgated to regulate their profession  or  business,
including rules on solicitation and advertisement.
    (f)  No  pre-need  contract  may  be entered into in this
State unless the seller explains to the purchaser  the  terms
of  the  pre-need contract prior to the purchaser signing and
the purchaser initials a statement in the contract confirming
that the seller has explained the terms of the contract prior
to the purchaser signing.
    (g)  The State Comptroller shall develop  a  booklet  for
consumers in plain English describing the scope, application,
and  consumer  protections  of this Act. After the booklet is
developed, no pre-need contract may be  sold  in  this  State
unless  the  seller distributes to the purchaser prior to the
sale a booklet developed or approved for  use  by  the  State
Comptroller.
(Source: P.A. 91-7, eff. 1-1-2000.)

    (815 ILCS 390/16) (from Ch. 21, par. 216)
    Sec. 16.  Trust funds; disbursements.
    (a)  A trustee shall make no disbursements from the trust
fund except as provided in this Act.
    (b)  A  trustee  shall, with respect to the investment of
such trust funds, exercise the judgment and  care  under  the
circumstances  then  prevailing  which  persons  of prudence,
discretion and intelligence exercise  in  the  management  of
their  own  affairs,  not  in  regard  to speculation, but in
regard  to  the  permanent  disposition   of   their   funds,
considering  the  probable  income  as  well  as the probable
safety of their capital.
    The seller shall act as trustee of all  amounts  received
for  cemetery  merchandise,  services,  or undeveloped spaces
until those amounts have been deposited into the trust  fund.
The  seller  may continue to be the trustee of up to $500,000
that has been deposited into the trust fund, but  the  seller
must  retain  an  independent trustee for any amount of trust
funds in excess of $500,000.  A seller holding trust funds in
excess of $500,000 on the effective date of  this  amendatory
Act  of  1996  shall  have 36 months to retain an independent
trustee for the amounts over $500,000; any other seller  must
retain  an  independent trustee for its trust funds in excess
of $500,000 as soon as may be  practical.    The  Comptroller
shall  have the right to disqualify the trustee upon the same
grounds as for  refusing  to  grant  or  revoking  a  license
hereunder.   Upon  notice  to the Comptroller, the seller may
change the trustee of the trust fund.
    (c)  The  trustee  may  rely  upon   certifications   and
affidavits  made  to it under the provisions of this Act, and
shall not be liable to any person for such reliance.
    (d)  A trustee shall be  allowed  to  withdraw  from  the
trust  funds maintained pursuant to this Act, payable  solely
from the income earned on such trust funds, a reasonable  fee
for all usual and customary services for the operation of the
trust  fund,  including,  but  not  limited  to trustee fees,
investment advisor fees, allocation fees, annual  audit  fees
and  other  similar  fees.  The  maximum amount allowed to be
withdrawn for these fees each year shall be the lesser of  3%
of  the balance of the trust calculated on an annual basis or
the amount of annual income generated therefrom.
    (e)  The trust shall be a single-purpose trust fund.   In
the   event   of   the  seller's  bankruptcy,  insolvency  or
assignment for  the  benefit  of  creditors,  or  an  adverse
judgment,  the  trust  funds  shall  not  be available to any
creditor as assets of the seller or to pay  any  expenses  of
any   bankruptcy   or   similar   proceeding,  but  shall  be
distributed to the purchasers or managed for their benefit by
the trustee holding the funds. Except in  an  action  by  the
Comptroller  to  revoke a license issued pursuant to this Act
and for creation of a receivership as provided in  this  Act,
the  trust  shall  not  be  subject  to  judgment, execution,
garnishment, attachment,  or  other  seizure  by  process  in
bankruptcy  or  otherwise,  nor to sale, pledge, mortgage, or
other alienation, and  shall  not  be  assignable  except  as
approved  by  the  Comptroller.  The  changes  made  by  this
amendatory  Act  of the 91st General Assembly are intended to
clarify existing law regarding the inability of licensees  to
pledge the trust.
    (f)  Because it is not known at the time of deposit or at
the  time  that income is earned on the trust account to whom
the  principal  and  the   accumulated   earnings   will   be
distributed,  for purposes of determining the Illinois Income
Tax due on these trust funds, the principal and  any  accrued
earnings  or losses relating to each individual account shall
be held in suspense until the final determination is made  as
to whom the account shall be paid.
(Source: P.A. 91-7, eff. 6-1-99.)

    (815 ILCS 390/19) (from Ch. 21, par. 219)
    Sec. 19.  Construction or development of spaces.
    (a)  The   construction  or  development  of  undeveloped
interment, entombment or inurnment spaces shall be  commenced
on  that  phase, section or sections of undeveloped ground or
section  of   lawn   crypts,   mausoleums,   garden   crypts,
columbariums  or  cemetery  spaces  in  which  sales are made
within 3 years of the date of  the  first  such  sale.    The
seller  shall give written notice to the Comptroller no later
than 30 days after the first sale.  Such notice shall include
a description of the project.  Once  commenced,  construction
or  development  shall  be  pursued diligently to completion.
The construction must be completed  within  6  years  of  the
first  sale.  If construction or development is not commenced
or completed within the times specified herein, any purchaser
may surrender and cancel the contract and  upon  cancellation
shall  be  entitled  to  a  refund of the actual amounts paid
toward the purchase price plus interest attributable to  such
amount earned while in trust; provided however that any delay
caused  by  strike,  shortage  of  materials, civil disorder,
natural disaster or any like occurrence beyond the control of
the seller shall extend the time  of  such  commencement  and
completion by the length of such delay.
    (b)  At  any  time  within  12  months  of  a purchaser's
entering into a pre-need contract for undeveloped  interment,
entombment or inurnment spaces, a purchaser may surrender and
cancel  his  or  her  contract and upon cancellation shall be
entitled to a refund of the actual amounts  paid  toward  the
purchase  price  plus  interest  attributable  to such amount
earned while in trust.  Notwithstanding  the  foregoing,  the
cancellation  and  refund  rights specified in this paragraph
shall  terminate  as  of  the  date  the   seller   commences
construction or development of the phase, section or sections
of  undeveloped  spaces  in  which sales are made.  After the
rights of  cancellation  and  refund  specified  herein  have
terminated,  if a purchaser defaults in making payments under
the pre-need contract, the seller shall  have  the  right  to
cancel  the  contract  and  withdraw  from the trust fund the
entire balance to the credit of  the  defaulting  purchaser's
account  as  liquidated  damages.  In such event, the trustee
shall  deliver  said  balance  to   the   seller   upon   its
certification,  and  upon  receiving  said  certification the
trustee may rely thereon and shall not be  liable  to  anyone
for such reliance.
    (c)  During the construction or development of interment,
entombment  or inurnment spaces, upon the sworn certification
by the seller and the contractor to the trustee, the  trustee
shall  disburse  from the trust fund the amount equivalent to
the  cost  of  performed  labor  or  delivered  materials  as
certified.  Said certification shall be substantially in  the
following form:
    We,  the  undersigned,  being respectively the Seller and
Contractor,  do  hereby  certify  that  the  Contractor   has
performed labor or delivered materials or both to (address of
property)  ..........,  in  connection  with  a  contract  to
..........,  and  that as of this date the value of the labor
performed and materials delivered is $.......
    We do  further  certify  that  in  connection  with  such
contract  there  remains labor to be performed, and materials
to be delivered, of the value of $........
    This Certificate is signed (insert date).
............              ............
   Seller                  Contractor

    A  person  who  executes  and   delivers   a   completion
certificate  with  actual  knowledge  of  a falsity contained
therein shall be considered in  violation  of  this  Act  and
subject to the penalties contained herein.
    (d)  Except  as  otherwise  authorized  by  this Section,
every seller of undeveloped spaces shall  provide  facilities
for   temporary   interment,   entombment  or  inurnment  for
purchasers or beneficiaries of contracts  who  die  prior  to
completion  of the space.  Such temporary facilities shall be
constructed  of  permanent   materials,   and,   insofar   as
practical,  be landscaped and groomed to the extent customary
in the  cemetery  industry  in  that  community.  The  heirs,
assigns,   or  personal  representative  of  a  purchaser  or
beneficiary  shall  not  be  required  to  accept   temporary
underground  interment  spaces  where  the  undeveloped space
contracted for was an above ground  entombment  or  inurnment
space.   In  the event that temporary facilities as described
in this paragraph are not made available, upon the death of a
purchaser or beneficiary, the  heirs,  assigns,  or  personal
representative  is  entitled  to a refund of the entire sales
price paid plus undistributed interest attributable  to  such
amount while in trust.
    (e)  If  the seller delivers a completed space acceptable
to  the  heirs,  assigns  or  personal  representative  of  a
purchaser or beneficiary, other than the temporary facilities
specified herein, in lieu of the undeveloped space purchased,
the  seller  shall  provide  the  trustee  with  a   delivery
certificate  and  all sums deposited under the pre-need sales
contract, including the undistributed income, shall  be  paid
to the seller.
    (f)  Upon completion of the phase, section or sections of
the project as certified to the trustee by the seller and the
contractor  and  delivery  of  the  deed  or  certificate  of
ownership   to   the   completed  interment,  entombment,  or
inurnment space to all of the purchasers entitled to  receive
those  ownership  documents,  the trust fund requirements set
forth herein shall  terminate  and  all  funds  held  in  the
preconstruction  trust  fund  attributable  to  the completed
phase,  section  or  sections,  including  interest   accrued
thereon, shall be returned to the seller.
    (g)  This   Section  shall  not  apply  to  the  sale  of
undeveloped spaces if there has been any  such  sale  in  the
same  phase,  section or sections of the project prior to the
effective date of this Act.
(Source: P.A. 91-357, eff. 7-29-99.)

    (815 ILCS 390/20) (from Ch. 21, par. 220)
    Sec. 20.  Records.
    (a)  Each licensee must keep accurate accounts, books and
records in this State at  the  principal  place  of  business
identified  in  the  licensee's  license  application  or  as
otherwise  approved  by  the  Comptroller  in  writing of all
transactions, copies of  agreements,  dates  and  amounts  of
payments  made  or  received,  the names and addresses of the
contracting parties, the names and addresses of  persons  for
whose  benefit funds are received, if known, and the names of
the trust depositories. Additionally, for  a  period  not  to
exceed  6  months  after  the  performance  of all terms in a
pre-need sales contract, the licensee shall  maintain  copies
of  each  pre-need  contract  at the licensee branch location
where the contract was entered  or  at  some  other  location
agreed to by the Comptroller in writing.
    (b)  Each  licensee  must  maintain  such  records  for a
period of 3 years after the licensee shall have fulfilled his
or her obligation under the  pre-need  contract  or  3  years
after  any stored merchandise shall have been provided to the
purchaser or beneficiary, whichever is later.
    (c)  Each  licensee   shall   submit   reports   to   the
Comptroller  annually,  under oath, on forms furnished by the
Comptroller.  The annual report shall contain, but shall  not
be limited to, the following:
         (1)  An  accounting  of  the  principal  deposit and
    additions of principal during the fiscal year.
         (2)  An accounting of any withdrawal of principal or
    earnings.
         (3)  An accounting at the end of each  fiscal  year,
    of the total amount of principal and earnings held.
    (d)  The  annual  report  shall  be filed by the licensee
with the Comptroller within 75 days  after  the  end  of  the
licensee's fiscal year.  An extension of up to 60 days may be
granted  by  the  Comptroller,  upon a showing of need by the
licensee.  Any other reports shall be in the  form  furnished
or  specified  by  the  Comptroller.   If a licensee fails to
submit an annual report to the Comptroller  within  the  time
specified  in this Section, the Comptroller shall impose upon
the licensee a penalty of $5  for  each  and  every  day  the
licensee  remains delinquent in submitting the annual report.
The Comptroller may abate all or part of the $5 daily penalty
for good cause shown.  Each report shall be accompanied by  a
check  or  money  order  in  the  amount  of  $10 payable to:
Comptroller, State of Illinois.
    (e)  On and after the effective date of  this  amendatory
Act  of  the 91st General Assembly, a licensee may report all
required information concerning  the  sale  of  outer  burial
containers  on  the  licensee's  annual report required to be
filed under this Act and shall not be required to report that
information under the Illinois Funeral or Burial  Funds  Act,
as long as the information is reported under this Act.
(Source: P.A. 91-7, eff. 1-1-2000.)
    (815 ILCS 390/22) (from Ch. 21, par. 222)
    Sec. 22.  Cemetery Consumer Protection Fund.
    (a)  Every seller engaging in pre-need sales shall pay to
the Comptroller $5 for each said contract entered into, to be
paid into a special income earning fund hereby created in the
State Treasury, known as  the  Cemetery  Consumer  Protection
Fund.    The  above  said  fees  shall  be  remitted  to  the
Comptroller semi-annually within 30 days  after  the  end  of
June and December for all contracts that have been entered in
such 6 month period.
    (b)  All  monies  paid  into  the  fund together with all
accumulated undistributed income thereon shall be held  as  a
special  fund  in the State Treasury.  The fund shall be used
solely for the purpose of providing restitution to  consumers
who  have  suffered  pecuniary  loss  arising out of pre-need
sales.
    (c)  The fund shall be applied  only  to  restitution  or
completion  of  the project or delivery of the merchandise or
services, where such has been ordered by the Circuit Court in
a lawsuit brought under this Act by the Attorney  General  of
the  State  of  Illinois  on behalf of the Comptroller and in
which it has been determined by the Court that the obligation
is non-collectible from  the  judgment  debtor.   Restitution
shall  not  exceed  the  amount  of the sales price paid plus
interest at the statutory rate.  The fund shall not  be  used
for the payment of any attorney or other fees.
    (d)  Whenever  restitution  is paid by the fund, the fund
shall be subrogated to the amount of  such  restitution,  and
the  Comptroller shall request the Attorney General to engage
in all reasonable post judgment collection steps  to  collect
said  restitution  from the judgment debtor and reimburse the
fund.
    (e)  The fund shall not be applied toward any restitution
for losses in any lawsuit initiated by the  Attorney  General
or  Comptroller or with respect to any claim made on pre-need
sales which occurred prior to the effective date of this Act.
    (f)  The fund may not be allocated for any purpose  other
than that specified in this Act.
    (g)  Notwithstanding any other provision of this Section,
the payment of restitution from the fund shall be a matter of
grace and not of right and no purchaser shall have any vested
rights  in  the fund as a beneficiary or otherwise.  Prior to
seeking restitution from the fund, a purchaser or beneficiary
seeking payment of restitution shall apply for restitution on
a form provided by the Comptroller. The  form  shall  include
any  information  the  Comptroller  may reasonably require in
order  for  the  Court  to  determine  that  restitution   or
completion  of  the  project  or  delivery  of merchandise or
service is appropriate.
    (h)  Annually, the status of the fund shall  be  reviewed
by  the  Comptroller,  and  if  he  determines  that the fund
together with all accumulated income earned  thereon,  equals
or   exceeds   $10,000,000  and  that  the  total  number  of
outstanding claims filed against the fund is less than 10% of
the fund's current balance, then payments to the  fund  shall
be  suspended  until  such  time  as the fund's balance drops
below $10,000,000 or the total number of  outstanding  claims
filed against the fund is more than 10% of the fund's current
balance,  but  on  such  suspension,  the  fund  shall not be
considered inactive.
(Source: P.A. 84-239.)

    (815 ILCS 390/23) (from Ch. 21, par. 223)
    Sec. 23. (a) Any person who fails to deposit the required
amount into a trust provided  for  in  this  Act,  improperly
withdraws  or uses trust funds for his or her own benefit, or
otherwise violates violating any provision  of  this  Act  is
guilty of a Class 4 felony.
    (b)  If  any person violates this Act or fails or refuses
to comply with any order  of  the  Comptroller  or  any  part
thereof which to such person has become final and is still in
effect,  the  Comptroller  may,  after  notice and hearing at
which it is determined that a violation of this Act  or  such
order  has  been  committed,  further  order that such person
shall forfeit and pay to the State of Illinois a sum  not  to
exceed  $5,000  for  each violation.  Such liability shall be
enforced in an action  brought  in  any  court  of  competent
jurisdiction  by the Comptroller in the name of the people of
the State of Illinois.
    (c)  Whenever a license is revoked by the Comptroller, or
the Comptroller determines that  any  person  is  engaged  in
pre-need  sales  without  a  license,  he  shall apply to the
circuit court of the county where such person is located  for
a receiver to administer the business of such person.
    (d)  Whenever  a  licensee  fails  or  refuses  to make a
required report or whenever it  appears  to  the  Comptroller
from  any  report  or  examination  that  such  licensee  has
committed a violation of law or that the trust funds have not
been   administered   properly   or  that  it  is  unsafe  or
inexpedient for such licensee or the  trustee  of  the  trust
funds  of  such licensee to continue to administer such funds
or that any officer of such licensee or of the trustee of the
trust funds of such licensee has abused his trust or has been
guilty of misconduct or  breach  of  trust  in  his  official
position injurious to such licensee or that such licensee has
suffered  as  to  its  trust funds a serious loss by larceny,
embezzlement,  burglary,  repudiation   or   otherwise,   the
Comptroller  shall,  by  order,  direct the discontinuance of
such illegal, unsafe  or  unauthorized  practices  and  shall
direct strict conformity with the requirements of the law and
safety  and security in its transactions and may apply to the
circuit court of the county where such licensee is located to
prevent any disbursements or expenditures  by  such  licensee
until the trust funds are in such condition that it would not
be  jeopardized thereby and the Comptroller shall communicate
the facts to the Attorney General of the  State  of  Illinois
who  shall  thereupon  institute such proceedings against the
licensee or its trustee or the officers of either or both  as
the nature of the case may require.
    (e)  In  addition  to  the  other  penalties and remedies
provided in this Act,  the  Comptroller  may  bring  a  civil
action  in  the  county  of  residence of the licensee or any
person engaging in pre-need sales, to enjoin any violation or
threatened violation of this Act.
    (f)  The powers vested in the Comptroller by this Section
are additional to any  and  all  other  powers  and  remedies
vested   in  the  Comptroller  by  law,  and  nothing  herein
contained  shall  be  construed   as   requiring   that   the
Comptroller  shall employ the powers conferred herein instead
of or as a condition precedent to the exercise of  any  other
power or remedy vested in the Comptroller.
(Source: P.A. 88-477.)

    (815 ILCS 390/27.1 new)
    Sec.  27.1.  Sales;  liability of purchaser for shortage.
In the event of a sale or transfer of  all  or  substantially
all  of  the  assets of the licensee, the sale or transfer of
the controlling  interest  of  the  corporate  stock  of  the
licensee  if  the  licensee  is  a  corporation,  the sale or
transfer of the controlling interest of  the  partnership  if
the   licensee   is  a  partnership,  or   sale  pursuant  to
foreclosure proceedings, the  purchaser  is  liable  for  any
shortages  existing  before  or  after  the sale in the trust
funds required to be maintained in a trust under this Act and
shall honor all pre-need contracts and trusts entered into by
the licensee. Any  shortages  existing  in  the  trust  funds
constitute  a  prior lien in favor of the trust for the total
value of the shortages, and  notice  of  that  lien  must  be
provided in all sales instruments.
    In   the   event   of  a  sale  or  transfer  of  all  or
substantially all of the assets of the licensee, the sale  or
transfer  of  the controlling interest of the corporate stock
of the licensee if the licensee is a corporation, or the sale
or transfer of the controlling interest of the partnership if
the licensee is a partnership, the licensee shall,  at  least
21   days   prior   to  the  sale  or  transfer,  notify  the
Comptroller, in writing, of  the  pending  date  of  sale  or
transfer  so  as to permit the Comptroller to audit the books
and records of the licensee.  The  audit  must  be  commenced
within 10 business days after the receipt of the notification
and  completed  within  the 21-day notification period unless
the Comptroller notifies the licensee during that period that
there is a basis for  determining  a  deficiency  which  will
require  additional  time  to finalize.  The sale or transfer
may not be completed by the licensee unless and until:
         (i) the Comptroller has completed the audit  of  the
    licensee's books and records;
         (ii) any delinquency existing in the trust funds has
    been  paid  by the licensee, or arrangements satisfactory
    to the Comptroller have been made by the licensee on  the
    sale or transfer for the payment of any delinquency;
         (iii)   the   Comptroller   issues  a  license  upon
    application of the  new  owner,  which  license  must  be
    applied  for within 30 days after the anticipated date of
    the sale or transfer,  subject  to  the  payment  of  any
    delinquencies, if any, as stated in item (ii).
    For   purposes   of   this   Section,   a  person,  firm,
corporation, partnership, or institution  that  acquires  the
licensee  through a real estate foreclosure is subject to the
provisions of this Section.
    Section 50. Severability. If any provision of this Act or
its  application  to  any  person  or  circumstance  is  held
invalid, the invalidity of that provision or application does
not affect other provisions or applications of this Act  that
can   be  given  effect  without  the  invalid  provision  or
application.

    Section  99.  Effective  date.  This  Act  takes   effect
January 1, 2002.
    Passed in the General Assembly May 23, 2001.
    Approved August 17, 2001.

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