Bill Text: IL SB2004 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Pre-Need Cemetery Sales Act. Makes a technical change in a Section concerning definitions.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2009-02-20 - Referred to Assignments [SB2004 Detail]

Download: Illinois-2009-SB2004-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB2004 Introduced 2/20/2009, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED:
815 ILCS 390/4 from Ch. 21, par. 204
Amends the Illinois Pre-Need Cemetery Sales Act. Makes a technical change in a Section concerning definitions.
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A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pre-Need Cemetery Sales Act is
amended by changing Section 4 as follows:
(815 ILCS 390/4) (from Ch. 21, par. 204)
Sec. 4. Definitions. As used in this Act, the following
terms shall have the the meaning specified:
(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.

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(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) 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.
All warehouse facilities to which sellers deliver
merchandise pursuant to this Act shall:

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(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,

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(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

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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 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.
(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

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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

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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

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service.
(Source: P.A. 91-7, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16,
eff. 6-28-01; 92-419, eff. 1-1-02.)