99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6264

 

Introduced 2/11/2016, 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 a trust that is subject to the Act, 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

 

HB6264LRB099 18565 HEP 42944 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cemetery Care Act is amended by changing
5Section 2 as follows:
 
6    (760 ILCS 100/2)  (from Ch. 21, par. 64.2)
7    Sec. 2. Definitions. The following words, terms and phrases
8used in this Act, for the purpose of this Act, have the
9following meanings:
10    "Person" means any person, partnership, association,
11corporation, or other entity.
12    "Trustee" means any person authorized to hold funds under
13this Act.
14    "Comptroller" means the Comptroller of the State of
15Illinois.
16    "Care" means the maintenance of a cemetery and of the lots,
17graves, crypts, niches, family mausoleums, memorials, and
18markers therein; including: (i) the cutting and trimming of
19lawn, shrubs, and trees at reasonable intervals; (ii) keeping
20in repair the drains, water lines, roads, buildings, fences,
21and other structures, in keeping with a well maintained
22cemetery; (iii) maintenance of machinery, tools, and equipment
23for such care; (iv) compensation of employees, payment of

 

 

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1insurance premiums, and reasonable payments for employees
2pension and other benefits plans; and (v) to the extent surplus
3income from the care fund is available, the payment of overhead
4expenses necessary for such purposes and for maintaining
5necessary records of lot ownership, transfers, and burials.
6    "Care funds" as distinguished from receipts from annual
7charges or gifts for current or annual care, means any realty
8or personalty impressed with a trust by the terms of any gift,
9grant, contribution, payment, legacy, or pursuant to contract,
10accepted by any cemetery authority owning, operating,
11controlling or managing a privately operated cemetery, or by
12any trustee or licensee, agent or custodian for the same, under
13Section 3 of this Act, and the amounts set aside under Section
144 of this Act, and any income accumulated therefrom, where
15legally so directed by the terms of the transaction by which
16the principal was established.
17    "Cemetery" means any land or structure in this State
18dedicated to and used, or intended to be used, for the
19interment of human remains.
20    "Cemetery authority" means any person, firm, corporation,
21trustee, partnership, association or municipality owning,
22operating, controlling or managing a cemetery or holding lands
23for burial grounds or burial purposes in this State.
24    "Mausoleum crypt" means a space in a mausoleum used or
25intended to be used, above or under ground, to entomb human
26remains.

 

 

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1    "Family burying ground" means a cemetery in which no lots
2are sold to the public and in which interments are restricted
3to a group of persons related to each other by blood or
4marriage.
5    "Fraternal cemetery" means a cemetery owned, operated,
6controlled, or managed by any fraternal organization or
7auxiliary organizations thereof, in which the sale of lots,
8graves, crypts or niches is restricted principally to its
9members.
10    "Grave" means a space of ground in a cemetery, used, or
11intended to be used, for burial.
12    "Income" means any return received in money or property
13derived from the use and investment of the principal or corpus
14of a trust that is subject to this Act, including distributions
15in the form of a stock dividend and the amount of a net gain or
16loss realized from proceeds of the sale, redemption, transfer,
17or other disposition of the trust principal or corpus.
18    "Investment Company Act of 1940" means Title 15, of the
19United States Code, Sections 80a-1 to 80a-51, inclusive, as
20amended.
21    "Investment Company" means any issuer (a) whose securities
22are purchasable only with care funds or trust funds, or both;
23and (b) which is an open and diversified management company as
24defined in and registered under the "Investment Company Act of
251940"; and (c) which has entered into an agreement with the
26Comptroller containing such provisions as the Comptroller by

 

 

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1regulation reasonably requires for the proper administration
2of this Act.
3    "Municipal cemetery" means a cemetery owned, operated,
4controlled or managed by any city, village, incorporated town,
5township, county, or other municipal corporation, political
6subdivision, or instrumentality thereof authorized by law to
7own, operate, or manage a cemetery.
8    "Niche" means a space in a columbarium used or intended to
9be used, for inurnment of cremated human remains.
10    "Privately operated cemetery" means any entity that offers
11interment rights, entombment rights, or inurnment rights,
12other than a fraternal, municipal, State, federal or religious
13cemetery or a family burying ground.
14    "Religious cemetery" means a cemetery owned, operated,
15controlled, or managed by any recognized church, religious
16society, association or denomination, or by any cemetery
17authority or any corporation administering, or through which is
18administered, the temporalities of any recognized church,
19religious society, association or denomination.
20    "State or federal cemetery" means a cemetery owned,
21operated, controlled, or managed by any State or the federal
22government or any political subdivision or instrumentality
23thereof.
24    "Entombment right" means the right to place individual
25human remains or individual cremated human remains in a
26specific mausoleum crypt or lawn crypt selected by the consumer

 

 

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1for use as a final resting place.
2    "Interment right" means the right to place individual human
3remains or cremated human remains in a specific underground
4location selected by the consumer for use as a final resting
5place.
6    "Inurnment right" means the right to place individual
7cremated human remains in a specific niche selected by the
8consumer for use as a final resting place.
9    "Lawn crypt" means a permanent underground crypt usually
10constructed of reinforced concrete or similar material
11installed in multiple units for the entombment of human
12remains.
13    "Imputed value" means the retail price of comparable rights
14within the same or similar area of the cemetery.
15(Source: P.A. 92-651, eff. 7-11-02.)