HR0600 96TH GENERAL ASSEMBLY

HR0600 LRB096 14532 JDS 29363 r

HOUSE RESOLUTION

WHEREAS, The Comptroller has the primary regulatory authority over the Illinois cemetery industry; and

WHEREAS, The Comptroller's Cemetery Care and Burial Trust Department has regulatory oversight over certain for-profit cemeteries that accept consumer funds held in trust and also licenses funeral homes and cemeteries that sell pre-need arrangements in advance of death; and

WHEREAS, The Cemetery Care Act gives the Comptroller statutory authority to conduct investigations of unlawful practices with respect to the operation and maintenance of cemeteries in Illinois; and

WHEREAS, The Cemetery Care Act gives the Comptroller broad statutory authority to revoke a cemetery's license for any violation of the Act, including the care and maintenance of a cemetery and the opening and closing of graves; and

WHEREAS, The Comptroller is under a statutory mandate to examine at least annually every licensee who holds $250,000 or more in its care funds, and the Comptroller shall have free access to the office and places of business and to such records of all licensees and of all trustees of the care funds of all licensees; and

WHEREAS, Providing a proper and respectful burial with reverence and dignity for our loved ones is something every person and family should expect and demand, especially after the horrifying reports of grave desecrations and other unseemly practices at Burr Oak Cemetery in Alsip; and

WHEREAS, The public needs assurance that the Comptroller is effectively regulating, providing adequate oversight, and disciplining owners, management, and employees of Illinois cemeteries that are not in compliance with the Illinois Cemetery Protection Act, Illinois Cemetery Care Act, the Illinois Pre-Need Cemetery Sales Act; and other applicable laws; and

WHEREAS, Complaints about other cemetery problems and the apparent lack of basic cemetery oversight continue surfacing throughout Illinois; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Auditor General is directed to conduct a performance audit of the Comptroller's Cemetery Care and Burial Trust Department; and be it further

RESOLVED, That the audit include a review and audit of policies and procedures currently in place to identify control weakness that could have contributed to severe violations committed by the Burr Oak Cemetery and other documented violations that have occurred recently and make recommendations for improvements, including but not limited to the following:

(1) The Comptroller's compliance with State law regarding investigation of unlawful practices of Illinois cemeteries' operation and maintenance;

(2) The Comptroller's procedures for the evaluation, tracking and timeliness of investigation of allegations and complaints received regarding the operation and maintenance of Illinois cemeteries;

(3) The adequacy of audit procedures performed when conducting annual audits and on-site reviews;

(4) The adequacy of the required qualifications of the cemetery care audit staff, including a review of field staff, supervisory and management training programs and monitoring of audit staff activities, efficiency and effectiveness;

(5) The Comptroller's procedures for determining the need for and nature of any recommended discipline, fines, and license revocation;

(6) The Comptroller's procedures for conducting follow-up activities to ensure that violations cited in audits and investigations are implemented and corrective action is taken on a timely basis; and be it further

RESOLVED, The Illinois Comptroller and any other entity or person that may have information relevant to this audit should cooperate fully and promptly with the Auditor General's Office in the conduct of this audit; and be it further

RESOLVED, That the Auditor General commence this audit as soon as possible and distribute this report upon completion in accordance with Section 3-14 of the Illinois State Auditing Act; and be it further

RESOLVED, That a copy of this resolution be delivered to the Auditor General and the Illinois Comptroller.