Bill Text: IL HB3603 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Cemetery Care Act. Amends the definition of "care funds" to delete language including income accumulated from funds held in trust for the care of the cemetery. Defines "income" as any return received in money or property derived from the use and investment of the principal or corpus of the trust, including distributions in the form of a stock dividend and the amount of a net gain or loss realized from proceeds of the sale, redemption, transfer, or other disposition of the trust principal or corpus.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB3603 Detail]

Download: Illinois-2015-HB3603-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3603 Introduced , by Rep. Dan Brady SYNOPSIS AS INTRODUCED:
760 ILCS 100/2 from Ch. 21, par. 64.2
Amends the Cemetery Care Act. Amends the definition of "care funds" to delete language including income accumulated from funds held in trust for the care of the cemetery. Defines "income" as any return received in money or property derived from the use and investment of the principal or corpus of the trust, including distributions in the form of a stock dividend and the amount of a net gain or loss realized from proceeds of the sale, redemption, transfer, or other disposition of the trust principal or corpus.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Cemetery Care Act is amended by changing
Section 2 as follows:
(760 ILCS 100/2) (from Ch. 21, par. 64.2)
Sec. 2. Definitions. The following words, terms and phrases
used in this Act, for the purpose of this Act, have the
following meanings:
"Person" means any person, partnership, association,
corporation, or other entity.
"Trustee" means any person authorized to hold funds under
this Act.
"Comptroller" means the Comptroller of the State of
Illinois.
"Care" means the maintenance of a cemetery and of the lots,
graves, crypts, niches, family mausoleums, memorials, and
markers therein; including: (i) the cutting and trimming of
lawn, shrubs, and trees at reasonable intervals; (ii) keeping
in repair the drains, water lines, roads, buildings, fences,
and other structures, in keeping with a well maintained
cemetery; (iii) maintenance of machinery, tools, and equipment
for such care; (iv) compensation of employees, payment of

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insurance premiums, and reasonable payments for employees
pension and other benefits plans; and (v) to the extent surplus
income from the care fund is available, the payment of overhead
expenses necessary for such purposes and for maintaining
necessary records of lot ownership, transfers, and burials.
"Care funds" as distinguished from receipts from annual
charges or gifts for current or annual care, means any realty
or personalty impressed with a trust by the terms of any gift,
grant, contribution, payment, legacy, or pursuant to contract,
accepted by any cemetery authority owning, operating,
controlling or managing a privately operated cemetery, or by
any trustee or licensee, agent or custodian for the same, under
Section 3 of this Act, and the amounts set aside under Section
4 of this Act, and any income accumulated therefrom, where
legally so directed by the terms of the transaction by which
the principal was established.
"Cemetery" means any land or structure in this State
dedicated to and used, or intended to be used, for the
interment of human remains.
"Cemetery authority" means any person, firm, corporation,
trustee, partnership, association or municipality owning,
operating, controlling or managing a cemetery or holding lands
for burial grounds or burial purposes in this State.
"Mausoleum crypt" means a space in a mausoleum used or
intended to be used, above or under ground, to entomb human
remains.

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"Family burying ground" means a cemetery in which no lots
are sold to the public and in which interments are restricted
to a group of persons related to each other by blood or
marriage.
"Fraternal cemetery" means a cemetery owned, operated,
controlled, or managed by any fraternal organization or
auxiliary organizations thereof, in which the sale of lots,
graves, crypts or niches is restricted principally to its
members.
"Grave" means a space of ground in a cemetery, used, or
intended to be used, for burial.
"Income" means any return received in money or property
derived from the use and investment of the principal or corpus
of the trust, including distributions in the form of a stock
dividend and the amount of a net gain or loss realized from
proceeds of the sale, redemption, transfer, or other
disposition of the trust principal or corpus.
"Investment Company Act of 1940" means Title 15, of the
United States Code, Sections 80a-1 to 80a-51, inclusive, as
amended.
"Investment Company" means any issuer (a) whose securities
are purchasable only with care funds or trust funds, or both;
and (b) which is an open and diversified management company as
defined in and registered under the "Investment Company Act of
1940"; and (c) which has entered into an agreement with the
Comptroller containing such provisions as the Comptroller by

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regulation reasonably requires for the proper administration
of this Act.
"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.
"Niche" means a space in a columbarium used or intended to
be used, for inurnment of cremated human remains.
"Privately operated cemetery" means any entity that offers
interment rights, entombment rights, or inurnment rights,
other than a fraternal, municipal, State, federal or religious
cemetery or a family burying ground.
"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.
"State or federal cemetery" means a cemetery owned,
operated, controlled, or managed by any State or the federal
government or any political subdivision or instrumentality
thereof.
"Entombment right" means the right to place individual
human remains or individual cremated human remains in a
specific mausoleum crypt or lawn crypt selected by the consumer

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for use as a final resting place.
"Interment right" means the right to place individual human
remains or cremated human remains in a specific underground
location selected by the consumer for use as a final resting
place.
"Inurnment right" means the right to place individual
cremated human remains in a specific niche selected by the
consumer for use as a final resting place.
"Lawn crypt" means a permanent underground crypt usually
constructed of reinforced concrete or similar material
installed in multiple units for the entombment of human
remains.
"Imputed value" means the retail price of comparable rights
within the same or similar area of the cemetery.
(Source: P.A. 92-651, eff. 7-11-02.)