Bill Amendment: IL HB3102 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CEMETERIES-DISTRIBUTIONS

Status: 2023-03-28 - Added as Alternate Chief Co-Sponsor Sen. Bill Cunningham [HB3102 Detail]

Download: Illinois-2023-HB3102-House_Amendment_001.html

Rep. Jaime M. Andrade, Jr.

Filed: 3/6/2023

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1
AMENDMENT TO HOUSE BILL 3102
2 AMENDMENT NO. ______. Amend House Bill 3102 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Cemetery Care Act is amended by changing
5Sections 2, 3, 4, 5, 14, and 15a and by adding Sections 3.1,
64.1, 4.2, and 27 as follows:
7 (760 ILCS 100/2) (from Ch. 21, par. 64.2)
8 Sec. 2. Definitions. The following words, terms and
9phrases used in this Act, for the purpose of this Act, have the
10following meanings:
11 "Person" means any person, partnership, association,
12corporation, or other entity.
13 "Trustee" means any person authorized to hold funds under
14this Act.
15 "Comptroller" means the Comptroller of the State of
16Illinois.

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1 "Care" means the maintenance of a cemetery and of the
2lots, graves, crypts, niches, family mausoleums, memorials,
3and markers therein; including: (i) the cutting and trimming
4of lawn, shrubs, and trees at reasonable intervals; (ii)
5keeping in repair the drains, water lines, roads, buildings,
6fences, and other structures, in keeping with a well
7maintained cemetery; (iii) maintenance of machinery, tools,
8and equipment for such care; (iv) compensation of employees,
9payment of insurance premiums, and reasonable payments for
10employees pension and other benefits plans; and (v) to the
11extent surplus income from the care fund is available, the
12payment of overhead expenses necessary for such purposes and
13for maintaining necessary records of lot ownership, transfers,
14and burials.
15 "Care funds" as distinguished from receipts from annual
16charges or gifts for current or annual care, means any realty
17or personalty impressed with a trust by the terms of any gift,
18grant, contribution, payment, legacy, or pursuant to contract,
19accepted by any cemetery authority owning, operating,
20controlling or managing a privately operated cemetery, or by
21any trustee or licensee, agent or custodian for the same,
22under Section 3 of this Act, and the amounts set aside under
23Section 4 of this Act, and any income accumulated therefrom,
24where legally so directed by the terms of the transaction by
25which the principal was established.
26 "Cemetery" means any land or structure in this State

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1dedicated to and used, or intended to be used, for the
2interment of human remains.
3 "Cemetery authority" means any person, firm, corporation,
4trustee, partnership, association or municipality owning,
5operating, controlling or managing a cemetery or holding lands
6for burial grounds or burial purposes in this State.
7 "Mausoleum crypt" means a space in a mausoleum used or
8intended to be used, above or under ground, to entomb human
9remains.
10 "Family burying ground" means a cemetery in which no lots
11are sold to the public and in which interments are restricted
12to a group of persons related to each other by blood or
13marriage.
14 "Fraternal cemetery" means a cemetery owned, operated,
15controlled, or managed by any fraternal organization or
16auxiliary organizations thereof, in which the sale of lots,
17graves, crypts or niches is restricted principally to its
18members.
19 "Grave" means a space of ground in a cemetery, used, or
20intended to be used, for burial.
21 "Investment Company Act of 1940" means Title 15, of the
22United States Code, Sections 80a-1 to 80a-51, inclusive, as
23amended.
24 "Investment Company" means any issuer (a) whose securities
25are purchasable only with care funds or trust funds, or both;
26and (b) which is an open and diversified management company as

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1defined in and registered under the "Investment Company Act of
21940"; and (c) which has entered into an agreement with the
3Comptroller containing such provisions as the Comptroller by
4regulation reasonably requires for the proper administration
5of this Act.
6 "Municipal cemetery" means a cemetery owned, operated,
7controlled or managed by any city, village, incorporated town,
8township, county, or other municipal corporation, political
9subdivision, or instrumentality thereof authorized by law to
10own, operate, or manage a cemetery.
11 "Niche" means a space in a columbarium used or intended to
12be used, for inurnment of cremated human remains.
13 "Privately operated cemetery" means any entity that offers
14interment rights, entombment rights, or inurnment rights,
15other than a fraternal, municipal, State, federal or religious
16cemetery or a family burying ground.
17 "Religious cemetery" means a cemetery owned, operated,
18controlled, or managed by any recognized church, religious
19society, association or denomination, or by any cemetery
20authority or any corporation administering, or through which
21is administered, the temporalities of any recognized church,
22religious society, association or denomination.
23 "State or federal cemetery" means a cemetery owned,
24operated, controlled, or managed by any State or the federal
25government or any political subdivision or instrumentality
26thereof.

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1 "Entombment right" means the right to place individual
2human remains or individual cremated human remains in a
3specific mausoleum crypt or lawn crypt selected by the
4consumer for use as a final resting place.
5 "Interment right" means the right to place individual
6human remains or cremated human remains in a specific
7underground location selected by the consumer for use as a
8final resting place.
9 "Inurnment right" means the right to place individual
10cremated human remains in a specific niche selected by the
11consumer for use as a final resting place.
12 "Lawn crypt" means a permanent underground crypt usually
13constructed of reinforced concrete or similar material
14installed in multiple units for the entombment of human
15remains.
16 "Imputed value" means the retail price of comparable
17rights within the same or similar area of the cemetery.
18 "Average fair market value" means the average of the fair
19market values of assets held by the fund on the first day of
20the current fiscal year and the first day of each of the 2
21preceding fiscal years, or the average of the fair market
22value for the entire term of the fund if there are less than 2
23preceding years.
24 "Total return percentage" means the annual percentage
25selected by the fund's trustee or the cemetery authority, but
26no less than 3% and no more than 5% of the average fair market

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1value of the fund.
2 "Net income" means:
3 (1) ordinary income, which means all net interest and
4 dividends, after fees and taxes taken from income, but
5 does not include any capital gains from the investment of
6 such care funds; or
7 (2) total return distribution, which means the
8 distribution of funds from the care fund based on the
9 average fair market value of the fund assets multiplied by
10 the total return percentage.
11(Source: P.A. 92-651, eff. 7-11-02.)
12 (760 ILCS 100/3) (from Ch. 21, par. 64.3)
13 Sec. 3. Gifts and contributions - Trust funds. Any
14cemetery authority is hereby authorized and empowered to
15accept any gift, grant, contribution, payment, legacy, or
16pursuant to contract, any sum of money, funds, securities or
17property of any kind, or the income or avails thereof, and to
18establish a trust fund to hold the same in perpetuity for the
19care of its cemetery, or for the care of any lot, grave, crypt
20or niche in its cemetery; or for the special care of any lot,
21grave, crypt or niche or of any family mausoleum or memorial,
22marker, or monument in its cemetery.
23 The cemetery authority shall act as trustee of all amounts
24received for care until they have been deposited into the
25trust fund established under this Section. The cemetery

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1authority may continue to be the trustee of up to $500,000 of
2care funds that have been deposited into the trust fund, but
3the cemetery authority must retain an independent trustee for
4any amount of care funds held in trust in excess of that
5$500,000. A cemetery authority holding care funds in excess of
6$500,000 on the effective date of this amendatory Act of 1996
7shall have 36 months to retain an independent trustee for the
8excess amounts held in trust; any other cemetery authority
9must retain an independent trustee for its care funds in
10excess of $500,000 as soon as may be practical.
11 No gift, grant, legacy, payment or other contribution
12shall be invalid by reason of any indefiniteness or
13uncertainty as to the beneficiary designated in the instrument
14creating the gift, grant, legacy, payment or other
15contribution. If any gift, grant, legacy, payment or other
16contribution consists of non-income producing property, the
17cemetery authority accepting it is authorized and empowered to
18sell such property and to invest the funds obtained in
19accordance with the provisions of the next succeeding
20paragraph.
21 The care funds authorized by this Section and provided for
22in Section 4 of this Act shall be held intact and, unless
23otherwise restricted by the terms of the gift, grant, legacy,
24contribution, payment, contract or other payment, as to
25investments made after June 11, 1951 the trustee of the care
26funds of the cemetery authority, in acquiring, investing,

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1reinvesting, exchanging, retaining, selling and managing
2property for any such trust, shall exercise the judgment and
3care under the circumstances then prevailing, which persons of
4prudence, discretion and intelligence exercise in the
5management of their own affairs, not in regard to speculation
6but in regard to the permanent disposition of their funds,
7considering the probable income as well as the probable safety
8of their capital. Within the limitations of the foregoing
9standard, the trustee of the care funds of the cemetery
10authority is authorized to acquire and retain every kind of
11property, real, personal or mixed, and every kind of
12investment, including specifically but without limiting the
13generality of the foregoing, bonds, debentures and other
14corporate obligations, preferred or common stocks and real
15estate mortgages, which persons of prudence, discretion and
16intelligence acquire or retain for their own account. Within
17the limitations of the foregoing standard, the trustee is
18authorized to retain property properly acquired, without
19limitation as to time and without regard to its suitability
20for original purchase. The care funds authorized by this
21Section may be commingled with other trust funds received by
22such cemetery authority for the care of its cemetery or for the
23care or special care of any lot, grave, crypt, niche, private
24mausoleum, memorial, marker, or monument in its cemetery,
25whether received by gift, grant, legacy, contribution,
26payment, contract or other conveyance heretofore or hereafter

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1made to such cemetery authority. Such care funds may be
2invested with common trust funds as provided in the The Common
3Trust Fund Act. The net income only from the investment of such
4care funds shall be allocated and used for the purposes
5specified in the transaction by which the principal was
6established in the proportion that each contribution bears to
7the entire sum invested.
8(Source: P.A. 89-615, eff. 8-9-96.)
9 (760 ILCS 100/3.1 new)
10 Sec. 3.1. Master trust fund. For the purposes of
11collective investment and administration, a trustee may apply
12to the Comptroller to establish a master trust fund in which
13deposits are made pursuant to the provisions of this Act. The
14operation of the master trust fund shall be subject to the
15provisions of this Act and rules applicable to this Act. The
16master trust fund shall be subject to the following
17requirements:
18 (1) it shall include only cemetery authorities located
19 in this State that have given written consent to
20 participate in a master trust fund;
21 (2) it must be administered by an independent trustee;
22 (3) the trustee of a master trust fund shall maintain
23 separate records of principal and income for each
24 participant in the master trust fund;
25 (4) the income and associated expenses of the master

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1 trust fund shall be divided among the participants in the
2 master trust fund based on the proportion that each
3 participant contributes to the balance of the master trust
4 fund; and
5 (5) the trustee shall make accounting records of the
6 trust, including a report that will include itemized
7 separate accounting for each participant in the master
8 trust fund, available for review and audit upon request by
9 the Comptroller.
10 (760 ILCS 100/4) (from Ch. 21, par. 64.4)
11 Sec. 4. Care funds; deposits; investments.
12 Whenever a cemetery authority owning, operating,
13controlling or managing a privately operated cemetery accepts
14care funds, either in connection with the sale or giving away
15at an imputed value of an interment right, entombment right or
16inurnment right, or in pursuance of a contract, or whenever,
17as a condition precedent to the purchase or acceptance of an
18interment right, entombment right or inurnment right, such
19cemetery authority requires the establishment of a care fund
20or a deposit in an already existing care fund, then such
21cemetery authority shall execute and deliver to the person
22from whom received an instrument in writing which shall
23specifically state: (a) the nature and extent of the care to be
24furnished, and (b) that such care shall be furnished only in so
25far as the net income derived from the amount deposited in

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1trust will permit (the income from the amount so deposited,
2less necessary expenditures of administering the trust, shall
3be deemed the net income), and (c) that not less than the
4following amounts will be set aside and deposited in trust:
5 1. For interment rights, $1 per square foot of the
6 space sold or 15% of the sales price or imputed value,
7 whichever is the greater, with a minimum of $25 for each
8 individual interment right.
9 2. For entombment rights, not less than 10% of the
10 sales price or imputed value with a minimum of $25 for each
11 individual entombment right.
12 3. For inurnment rights, not less than 10% of the
13 sales price or imputed value with a minimum of $15 for each
14 individual inurnment right.
15 4. For any transfer of interment rights, entombment
16 rights, or inurnment rights recorded in the records of the
17 cemetery authority, excepting only transfers between
18 members of the immediate family of the transferor, a
19 minimum of $25 for each such right transferred. For the
20 purposes of this paragraph "immediate family of the
21 transferor" means the spouse, parents, grandparents,
22 children, grandchildren, and siblings of the transferor.
23 5. Upon an interment, entombment, or inurnment in a
24 grave, crypt, or niche in which rights of interment,
25 entombment, or inurnment were originally acquired from a
26 cemetery authority prior to January 1, 1948, a minimum of

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1 $25 for each such right exercised.
2 6. For the special care of any lot, grave, crypt, or
3 niche or of a family mausoleum, memorial, marker, or
4 monument, the full amount received.
5 Such setting aside and deposit shall be made by such
6cemetery authority not later than 30 days after the close of
7the month in which the cemetery authority gave away for an
8imputed value or received the final payment on the purchase
9price of interment rights, entombment rights, or inurnment
10rights, or received the final payment for the general or
11special care of a lot, grave, crypt or niche or of a family
12mausoleum, memorial, marker or monument; and such amounts
13shall be held by the trustee of the care funds of such cemetery
14authority in trust in perpetuity for the specific purposes
15stated in said written instrument. For all care funds received
16by a cemetery authority, except for care funds received by a
17cemetery authority pursuant to a specific gift, grant,
18contribution, payment, legacy, or contract that are subject to
19investment restrictions more restrictive than the investment
20provisions set forth in this Act, and except for care funds
21otherwise subject to a trust agreement executed by a person or
22persons responsible for transferring the specific gift, grant,
23contribution, payment, or legacy to the cemetery authority
24that contains investment restrictions more restrictive than
25the investment provisions set forth in this Act, the cemetery
26authority may, without the necessity of having to obtain prior

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1approval from any court in this State, designate a new trustee
2in accordance with this Act and invest the care funds in
3accordance with this Section, notwithstanding any contrary
4limitation contained in the trust agreement.
5 Any such cemetery authority engaged in selling or giving
6away at an imputed value interment rights, entombment rights
7or inurnment rights, in conjunction with the selling or giving
8away at an imputed value any other merchandise or services not
9covered by this Act, shall be prohibited from increasing the
10sales price or imputed value of those items not requiring a
11care fund deposit under this Act with the purpose of
12allocating a lesser sales price or imputed value to items that
13require a care fund deposit.
14 In the event any sale that would require a deposit to such
15cemetery authority's care fund is made by a cemetery authority
16on an installment basis, and the installment contract is
17factored, discounted, or sold to a third party, the cemetery
18authority shall deposit the amount due to the care fund within
1930 days after the close of the month in which the installment
20contract was factored, discounted, or sold. If, subsequent to
21such deposit, the purchaser defaults on the contract such that
22no care fund deposit on that contract would have been
23required, the cemetery authority may apply the amount
24deposited as a credit against future required deposits.
25 The trust authorized by this Section shall be a single
26purpose trust fund. In the event of the seller's bankruptcy,

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1insolvency, or assignment for the benefit of creditors, or an
2adverse judgment, the trust funds shall not be available to
3any creditor as assets of the cemetery authority or to pay any
4expenses of any bankruptcy or similar proceeding, but shall be
5retained intact to provide for the future maintenance of the
6cemetery. Except in an action by the Comptroller to revoke a
7license issued pursuant to this Act and for creation of a
8receivership as provided in this Act, the trust shall not be
9subject to judgment, execution, garnishment, attachment, or
10other seizure by process in bankruptcy or otherwise, nor to
11sale, pledge, mortgage, or other alienation, and shall not be
12assignable except as approved by the Comptroller. The changes
13made by this amendatory Act of the 91st General Assembly are
14intended to clarify existing law regarding the inability of
15licensees to pledge the trust.
16(Source: P.A. 91-7, eff. 6-1-99.)
17 (760 ILCS 100/4.1 new)
18 Sec. 4.1. Distributions.
19 (a) A cemetery authority may take distributions from its
20fund either by distributing:
21 (1) ordinary income; or
22 (2) total return distribution.
23 (b) If a cemetery authority takes distributions from its
24fund by total return distribution, the following apply:
25 (1) Fees and taxes may be paid from corpus.

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1 (2) If the fees paid by the care fund exceed 2% of the
2 fair market value at the end of a given year, the amount in
3 excess shall be paid from the distributions.
4 (c) A cemetery authority may select a distribution method
5by delivering written instructions to the trustee of the fund
6no later than 30 days before the beginning of the calendar
7year. The distribution method and the distribution rate
8selected shall remain in effect unless the cemetery notifies
9the trustee of its desire to effect a change, application for
10the change has been submitted to the Comptroller as required
11in Section 4.2, and copies of the documentation are submitted
12to the trustee. If the trustee does not receive written
13instructions from the cemetery authority informing the trustee
14of the method of calculating chosen, then the trustee shall
15calculate and distribute based on the ordinary income
16distribution method. The trustee shall distribute income to
17the cemetery authority at least annually or in more frequent
18installments as agreed to by the trustee and cemetery
19authority.
20 (760 ILCS 100/4.2 new)
21 Sec. 4.2. Application for total return distribution and
22restrictions.
23 (a) An application for the implementation of the total
24return distribution method shall be submitted to the
25Comptroller at least 120 days before the effective date of the

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1election to receive total return distribution. In addition to
2submitting payment of a reasonable application fee, the
3cemetery authority shall provide the Comptroller with all of
4the following:
5 (1) A written investment policy. The investment goals
6 shall be to achieve principal growth through allowable
7 investments for care fund trusts with a secondary goal of
8 achieving current income.
9 (2) A care fund trust agreement that clearly shows the
10 selection of the total return distribution method.
11 (3) A written distribution policy establishing the
12 total return percentage and initial estimated average fair
13 market value, using the most recent month-end balances as
14 the estimate for the current year, signed by the cemetery
15 authority or trustee, along with supporting documentation
16 and additional information as may be required by the rules
17 adopted under this Act.
18 (b) The application shall be considered approved unless
19the cemetery authority or trustee is notified otherwise by the
20Comptroller within 90 days of receipt. The notification shall
21contain details of the information needed to remedy any
22deficiencies in the application.
23 (c) The total return percentage elected may be reduced but
24may not be increased unless additional application is made to
25the Comptroller with documentation demonstrating the rate of
26return of the care funds over the last 3 years to support an

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1increase in the percentage. The total return distribution
2shall not exceed 5% of the average fair market value of the
3fund assets in a given calendar year.
4 (d) A cemetery authority that has elected the total return
5distribution method may elect to reconvert to the ordinary
6income distribution method by submitting written documentation
7to the Comptroller in support of the reconversion, including a
8copy of the trust agreement, notification on the proposed
9effective date of the reconversion, and any additional
10information required by the Comptroller.
11 (e) The Comptroller may take corrective measures,
12including reducing the total return percentage or requiring a
13distribution of only ordinary income for a year under one or
14more of the following circumstances:
15 (1) if the average fair market value of the care fund
16 from one 3-year period to the previous 3-year period
17 declines by 10% or more;
18 (2) if the average fair market value of the care fund
19 declines by more than 30% during a rolling 5-year period;
20 (3) if the fair market value of the fund at the
21 beginning of a fiscal year is less than 80% of the fair
22 market value of the fund on the first day of the fiscal
23 year when the care fund started making distributions based
24 on the total return distribution method;
25 (4) if there is an uncorrected care fund deficiency as
26 determined by the Comptroller's review of the annual

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1 report; or
2 (5) if the Comptroller determines that the trustee is
3 not able to demonstrate sufficient knowledge and expertise
4 regarding the effective implementation of distributing
5 income for the maintenance of the cemetery using the total
6 return distribution method.
7 (f) The Comptroller may evaluate the care fund conditions
8and choose not to impose corrective measures if the
9Comptroller finds that:
10 (1) the reasons are due to unusual or temporary
11 factors not within the control of the cemetery authority
12 or the trustee and that could not have been reasonably
13 anticipated;
14 (2) the current investment policy of the fund is
15 reasonably designed to protect the fund from further
16 declines in fair market value; or
17 (3) the exception appears to be both necessary and
18 appropriate for the continued protections of the care
19 fund.
20 (760 ILCS 100/5) (from Ch. 21, par. 64.5)
21 Sec. 5. No cemetery authority, nor any agent, servant, or
22employee of it, nor any other person, shall advertise,
23represent, guarantee, promise, or contract that perpetual
24care, permanent care, perpetual or permanent maintenance, care
25forever, continuous care, eternal care, everlasting care, or

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1any similar or equivalent care, or care for any number of years
2of any cemetery or of any lot, grave, crypt or niche, or of any
3family mausoleum, memorial, marker, or monument, will be
4furnished: Provided, however, that any cemetery authority may
5advertise, represent, guarantee, promise or contract that care
6will be furnished from the net income only derived from funds
7held in trust as provided in Sections Section 3 and 4 of this
8Act; and may advertise, represent, guarantee, promise or
9contract that care will be given any lot, grave, crypt, or
10niche, or any family mausoleum, memorial, marker, or monument
11for any definite number of years, such care to be furnished
12under a contract providing that the principal of the amount
13paid under the contract shall be used to furnish the care and
14further providing specifically the care to be given and the
15number of years for which it is to be given.
16(Source: Laws 1947, p. 338.)
17 (760 ILCS 100/14) (from Ch. 21, par. 64.14)
18 Sec. 14. The Comptroller may at any time investigate the
19cemetery business of every licensee with respect to its care
20funds. The Comptroller shall examine at least annually every
21licensee who has holds $250,000 or more in its care funds. For
22that purpose, the Comptroller shall have free access to the
23office and places of business and to such records of all
24licensees and of all trustees of the care funds of all
25licensees as shall relate to the acceptance, use and

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1investment of care funds. The Comptroller may require the
2attendance of and examine under oath all persons whose
3testimony he may require relative to such business and in such
4cases the Comptroller or any qualified representative of the
5Comptroller whom the Comptroller may designate, may administer
6oaths to all such persons called as witnesses, and the
7Comptroller, or any such qualified representative of the
8Comptroller, may conduct such examinations. The cost of an
9initial examination shall be borne by the cemetery authority
10if it has $10,000 or more in such fund; otherwise, by the
11Comptroller. The charge made by the Comptroller for such
12examination shall be based upon the total amount of care funds
13held by the cemetery authority as of the end of the calendar or
14fiscal year for which a report is required by Section 12 of
15this Act and shall be in accordance with the following
16schedule:
17 less than $10,000.........................no charge;
18 $10,000 or more but less than
19$50,000.............................................$10;
20 $50,000 or more but less than
21$100,000............................................$40;
22 $100,000 or more but less than
23$250,000............................................$80;
24 $250,000 or more....................................$100.
25 Any licensee which is not required to be examined annually
26shall submit an annual report to the Comptroller containing

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1such information as the Comptroller reasonably may request.
2 The Comptroller may order additional audits or
3examinations as he or she may deem necessary or advisable to
4ensure the safety and stability of the trust funds and to
5ensure compliance with this Act. These additional audits or
6examinations shall only be made after good cause is
7established by the Comptroller in the written order. The
8grounds for ordering these additional audits or examinations
9may include, but shall not be limited to:
10 (1) material and unverified changes or fluctuations in
11 trust balances;
12 (2) the licensee changing trustees more than twice in
13 any 12-month period;
14 (3) any withdrawals or attempted withdrawals from the
15 trusts in violation of this Act; or
16 (4) failure to maintain or produce documentation
17 required by this Act for deposits into trust accounts or
18 trust investment activities.
19 Prior to ordering an additional audit or examination, the
20Comptroller shall request the licensee to respond and comment
21upon the factors identified by the Comptroller as warranting
22the subsequent examination or audit. The licensee shall have
2330 days to provide a response to the Comptroller. If the
24Comptroller decides to proceed with the additional examination
25or audit, the licensee shall bear the full cost of that
26examination or audit, up to a maximum of $7,500. The

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1Comptroller may elect to pay for the examination or audit and
2receive reimbursement from the licensee. Payment of the costs
3of the examination or audit by a licensee shall be a condition
4of receiving or maintaining a license under this Act. All
5moneys received by the Comptroller for examination or audit
6fees shall be maintained in a separate account to be known as
7the Comptroller's Administrative Fund. This Fund, subject to
8appropriation by the General Assembly, may be utilized by the
9Comptroller for enforcing this Act and other purposes that may
10be authorized by law.
11(Source: P.A. 89-615, eff. 8-9-96.)
12 (760 ILCS 100/15a) (from Ch. 21, par. 64.15a)
13 Sec. 15a. Where any cemetery authority owning, operating,
14controlling or managing a privately operated cemetery or any
15trustee for the same has accepted care funds within the
16meaning of this Act, and is considered abandoned or seeks
17dissolution dissolution is sought by such cemetery authority
18in any manner, by resolution of such cemetery authority, or
19the trustees thereof, notice shall be given to the Comptroller
20of such intention to dissolve, and proper disposition shall be
21made of the care funds so held for the general benefit of such
22lot owners by or for the benefit of such cemetery authority, as
23provided by law, or in accordance with the trust provisions of
24any gift, grant, contribution, payment, legacy or pursuant to
25any contract whereby such funds were created. The Comptroller

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1represented by the Attorney General may apply to the circuit
2court for the appointment of a receiver, trustee, successor in
3trust, or for directions of such court as to the proper
4disposition to be made of such care funds, to the end that the
5uses and purposes for which such trust or care funds were
6created may be accomplished. Where no such receiver is
7available, the circuit court may order a willing local
8municipality, township, county, or city to take over the
9cemetery. Any existing deed or care funds may be conveyed or
10transferred to the unit of local government. If there is no
11party available to convey the deed or transfer the care funds,
12then a judicial deed and court order may be obtained in the
13county in which the cemetery is located, and such deed or other
14writing, if it relates to land, shall promptly, after its
15execution by a judge or the sheriff, be recorded in the
16recorder's office of the county wherein the land is situated.
17Any cemetery taken over by a local municipality, township,
18county, or city shall be considered a municipal cemetery for
19the purposes of this Act.
20(Source: P.A. 87-747; 88-477.)
21 (760 ILCS 100/27 new)
22 Sec. 27. Dedications and visitations on Sunday. It shall
23be unlawful for any person to restrain, prohibit, or interfere
24with the burial of a decedent whose time of death and religious
25tenets or beliefs necessitate burial on a Sunday or legal

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1holiday or prohibit in any manner, dedications of monuments or
2headstones, family visitations, or visitations to veterans'
3memorials on a Sunday or legal holiday. Nothing in this
4Section shall require any maintenance staff or burial
5professionals to be present on the day of such dedications.
6 (760 ILCS 100/25 rep.)
7 Section 10. The Cemetery Care Act is amended by repealing
8Section 25.
9 Section 99. Effective date. This Act takes effect January
101, 2025.".
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