Full Text of HB0815 96th General Assembly
HB0815 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0815
Introduced 2/9/2009, by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
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225 ILCS 45/1 |
from Ch. 111 1/2, par. 73.101 |
225 ILCS 45/1a |
from Ch. 111 1/2, par. 73.101a |
225 ILCS 45/1c new |
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815 ILCS 390/4 |
from Ch. 21, par. 204 |
815 ILCS 390/15 |
from Ch. 21, par. 215 |
815 ILCS 390/15.5 new |
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815 ILCS 390/17 |
from Ch. 21, par. 217 |
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Amends the Illinois Funeral or Burial Funds Act and the Illinois Pre-Need Cemetery Sales Act. Provides that, before a seller and purchaser enter into a pre-need contract or pre-need sales contract, the seller must disclose and fully explain that the purchaser may fund the contract by choosing one of the following options: depositing the funds into a local banking institution; depositing the funds into a trust program; or other means offered by the seller. Provides that the purchaser shall then choose one of those options. Provides that sellers of pre-need sales contracts must be licensed by the Department of Financial and Professional Regulation. Makes other changes. Effective immediately.
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A BILL FOR
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HB0815 |
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| AN ACT concerning business.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Funeral or Burial Funds Act is | 5 |
| amended by changing Sections 1 and 1a and by adding Section 1c | 6 |
| as follows:
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| (225 ILCS 45/1) (from Ch. 111 1/2, par. 73.101)
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| Sec. 1. Payment under pre-need contract. Except as | 9 |
| otherwise provided in
this Section, all sales proceeds
paid to | 10 |
| any person, partnership, association
or corporation with | 11 |
| respect to merchandise or services covered by this Act,
upon | 12 |
| any agreement or contract, or any series or combination
of | 13 |
| agreements or contracts, which has for a purpose the furnishing | 14 |
| or
performance of funeral services, or the furnishing or | 15 |
| delivery of any
personal property, merchandise, or services of | 16 |
| any nature in connection
with the final disposition of a dead | 17 |
| human body, including, but not
limited to, outer burial | 18 |
| containers, urns, combination casket-vault units,
caskets and | 19 |
| clothing, for future use at a time determinable by the death of | 20 |
| the
person or persons whose body or bodies are to be so | 21 |
| disposed of, shall be held
to be trust funds, and shall be | 22 |
| placed in trust in accordance with Sections 1b
and 2, or shall | 23 |
| be used to purchase life insurance or annuities in accordance
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| with Section 2a. The person, partnership, association or | 2 |
| corporation receiving
said payments under a pre-need contract | 3 |
| is hereby declared to be a trustee
thereof until deposits of | 4 |
| funds are made in accordance with Section 1b or 2a of
this Act. | 5 |
| Persons holding less than $500,000 in trust funds may continue | 6 |
| to
act as the trustee after the funds are deposited in | 7 |
| accordance with subsection
(d) of Section 1b.
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| This Section applies only to pre-need contracts entered | 9 |
| into prior to the effective date of this amendatory Act of the | 10 |
| 96th General Assembly. | 11 |
| Nothing in this Act shall be construed to prohibit the | 12 |
| inclusion of outer
burial containers in sales contracts under | 13 |
| the Illinois Pre-Need Cemetery Sales
Act.
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| (Source: P.A. 91-7, eff. 1-1-2000.)
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| (225 ILCS 45/1a) (from Ch. 111 1/2, par. 73.101a)
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| Sec. 1a.
For the purposes of this Act, the following terms | 17 |
| shall have
the meanings specified, unless the context clearly | 18 |
| requires another meaning:
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| "Beneficiary" means the person specified in the pre-need | 20 |
| contract upon
whose death funeral services or merchandise shall | 21 |
| be provided or delivered.
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| "Licensee" means a seller of a pre-need contract who has
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| been licensed by
the Comptroller under this Act.
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| "Outer burial container" means any container made of | 25 |
| concrete,
steel, wood, fiberglass or similar material, used |
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| solely at the interment
site, and designed and used exclusively | 2 |
| to surround or enclose a separate
casket and to support the | 3 |
| earth above such casket, commonly known as a
burial vault, | 4 |
| grave box or grave liner, but not including a lawn
crypt as | 5 |
| defined in the Illinois Pre-need Cemetery Sales Act.
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| "Parent company" means a corporation owning more than 12 | 7 |
| cemeteries or
funeral homes in more than one state.
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| "Person" means any person, partnership, association, | 9 |
| corporation, or
other entity.
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| "Pre-need contract" means any agreement or contract, or any | 11 |
| series or
combination of agreements or contracts, whether | 12 |
| funded by trust deposits or
life insurance policies or | 13 |
| annuities, which has for a purpose the furnishing
or | 14 |
| performance of funeral services or the furnishing or delivery | 15 |
| of any
personal property, merchandise, or services of any | 16 |
| nature in connection with
the final disposition of a dead human | 17 |
| body. Nothing in this Act is intended to
regulate the content | 18 |
| of a life insurance policy or a tax-deferred annuity.
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| "Provider" means a person who is obligated for furnishing | 20 |
| or performing
funeral services or the furnishing or delivery of | 21 |
| any personal property,
merchandise, or services of any nature | 22 |
| in connection with the final disposition
of a dead human body.
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| "Purchaser" means the person who originally paid the money | 24 |
| under or in
connection with a pre-need contract.
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| "Sales proceeds" means the entire amount paid to a seller, | 26 |
| exclusive
of sales taxes paid by the seller, finance charges |
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| paid by the purchaser, and
credit life, accident or disability | 2 |
| insurance premiums, upon any agreement or
contract, or series | 3 |
| or combination of agreements or contracts, for the purpose
of | 4 |
| performing funeral services or furnishing personal property, | 5 |
| merchandise, or
services of any nature in connection with the | 6 |
| final disposition of a dead human
body, including, but not | 7 |
| limited to, the retail price paid for such services
and | 8 |
| personal property and merchandise.
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| "Purchase price" means sales proceeds less finance charges | 10 |
| on
retail
installment contracts.
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| "Seller" means a the person , licensed as a funeral director | 12 |
| or a funeral director and embalmer under the Funeral Directors | 13 |
| and Embalmers Licensing Code, who sells or
offers to sell the | 14 |
| pre-need contract
to a purchaser, whether funded by a trust | 15 |
| agreement, life insurance policy,
or tax-deferred annuity , or | 16 |
| other means agreed to by the purchaser and seller in the | 17 |
| pre-need contract .
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| "Trustee" means a person authorized to hold funds under | 19 |
| this Act.
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| (Source: P.A. 92-419, eff. 1-1-02.)
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| (225 ILCS 45/1c new) | 22 |
| Sec. 1c. Disclosures; options. Beginning on the effective | 23 |
| date of this amendatory Act of the 96th General Assembly, | 24 |
| before a seller and purchaser enter into a pre-need contract, | 25 |
| the seller must disclose and fully explain that the purchaser |
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| may fund the pre-need contract by choosing one of the following | 2 |
| options: | 3 |
| (1) depositing funds into a local banking institution | 4 |
| of the purchaser's choosing; | 5 |
| (2) depositing funds into a trust program operated by | 6 |
| the seller; or | 7 |
| (3) other means offered by the seller. | 8 |
| The purchaser shall then choose one of those options. | 9 |
| Section 10. The Illinois Pre-Need Cemetery Sales Act is | 10 |
| amended by changing Sections 4, 15, and 17 and by adding | 11 |
| Section 15.5 as follows:
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| (815 ILCS 390/4) (from Ch. 21, par. 204)
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| Sec. 4. Definitions. As used in this Act, the following | 14 |
| terms shall
have the meaning specified:
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| (A) "Pre-need sales contract" or "Pre-need sales" means any
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| agreement or contract or series or combination of agreements or | 17 |
| contracts which
have for a purpose the sale of cemetery | 18 |
| merchandise, cemetery services or
undeveloped interment, | 19 |
| entombment or inurnment spaces where the terms of
such sale | 20 |
| require payment or payments to be made at a currently | 21 |
| determinable
time and where the merchandise, services or | 22 |
| completed spaces are to be
provided more than 120 days | 23 |
| following the initial payment on the account.
An agreement or | 24 |
| contract for a memorial, marker, or monument shall not be
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| deemed a "pre-need sales contract" or a "pre-need sale" if the | 2 |
| memorial,
marker, or monument is delivered within 180 days | 3 |
| following initial payment on
the account and work thereon | 4 |
| commences a reasonably short time after initial
payment on the | 5 |
| account.
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| (B) "Delivery" occurs when:
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| (1) Physical possession of
the merchandise is | 8 |
| transferred or
the
easement for burial rights in a | 9 |
| completed space is executed, delivered and
transferred to | 10 |
| the buyer; or
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| (2) Following authorization by a purchaser under a | 12 |
| pre-need sales
contract, title to the merchandise has been | 13 |
| transferred to the
buyer and the
merchandise has been paid | 14 |
| for and is in the possession of the seller who
has placed | 15 |
| it, until needed, at the site of its ultimate use;
or
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| (3) Following authorization by a purchaser under a | 17 |
| pre-need
sales
contract, the merchandise has been | 18 |
| permanently identified
with the
name of the buyer or the | 19 |
| beneficiary and delivered to a licensed and bonded
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| warehouse and both title to the merchandise and a warehouse | 21 |
| receipt have
been delivered to the purchaser or beneficiary | 22 |
| and a copy of the warehouse
receipt has been delivered to | 23 |
| the licensee for retention in its files; except
that in the | 24 |
| case of
outer burial containers, the use of a licensed and | 25 |
| bonded warehouse as set
forth in this paragraph shall not | 26 |
| constitute delivery for purposes of this
Act. Nothing |
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| herein shall prevent a seller from perfecting a security | 2 |
| interest
in accordance with the Uniform Commercial Code on | 3 |
| any merchandise covered under
this Act.
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| All warehouse facilities to which sellers deliver
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| merchandise pursuant to this Act shall:
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| (i) be either located in the State of Illinois or | 7 |
| qualify as a
foreign warehouse facility as defined | 8 |
| herein;
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| (ii) submit to the Comptroller not less than | 10 |
| annually, by March 1 of
each year, a report of all | 11 |
| cemetery merchandise stored by each licensee
under | 12 |
| this Act which is in storage on the date of the report;
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| (iii) permit the Comptroller or his designee at any | 14 |
| time to examine
stored merchandise and to examine any | 15 |
| documents pertaining thereto;
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| (iv) submit evidence satisfactory to the | 17 |
| Comptroller that all
merchandise stored by said | 18 |
| warehouse for licensees under this Act is
insured for | 19 |
| casualty or other loss normally assumed by a bailee for | 20 |
| hire;
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| (v) demonstrate to the Comptroller that the | 22 |
| warehouse has procured and
is maintaining a | 23 |
| performance bond in the form, content and amount
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| sufficient to unconditionally guarantee to the | 25 |
| purchaser or beneficiary the
prompt shipment of the | 26 |
| cemetery merchandise.
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| (C) "Cemetery merchandise" means items of personal | 2 |
| property normally
sold by a cemetery authority not covered | 3 |
| under the Illinois Funeral or Burial
Funds Act, including but | 4 |
| not limited to:
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| (1) memorials,
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| (2) markers,
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| (3) monuments,
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| (4) foundations, and
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| (5) outer burial containers.
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| (D) "Undeveloped interment, entombment or inurnment | 11 |
| spaces" or
"undeveloped spaces" means any space to be used for | 12 |
| the reception of human
remains that is not completely and | 13 |
| totally constructed at the time of
initial payment therefor in | 14 |
| a:
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| (1) lawn crypt,
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| (2) mausoleum,
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| (3) garden crypt,
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| (4) columbarium, or
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| (5) cemetery section.
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| (E) "Cemetery services" means those services customarily | 21 |
| performed
by cemetery or crematory personnel in connection with | 22 |
| the interment,
entombment, inurnment or cremation of a dead | 23 |
| human body.
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| (F) "Cemetery section" means a grouping of spaces intended | 25 |
| to be
developed simultaneously for the purpose of interring | 26 |
| human remains.
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| (G) "Columbarium" means an arrangement of niches that may | 2 |
| be an entire
building, a complete room, a series of special | 3 |
| indoor alcoves, a bank along
a corridor or part of an outdoor | 4 |
| garden setting that is constructed of
permanent material such | 5 |
| as bronze, marble, brick, stone or concrete for the
inurnment | 6 |
| of human remains.
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| (H) "Lawn crypt" means a permanent underground crypt | 8 |
| usually constructed
of reinforced concrete or similar material | 9 |
| installed in multiple units for
the entombment of human | 10 |
| remains.
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| (I) "Mausoleum" or "garden crypt" means a grouping of | 12 |
| spaces constructed
of reinforced concrete or similar material | 13 |
| constructed or assembled above
the ground for entombing human | 14 |
| remains.
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| (J) "Memorials, markers and monuments" means the object | 16 |
| usually comprised
of a permanent material such as granite or | 17 |
| bronze used to identify and
memorialize the deceased.
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| (K) "Foundations" means those items used to affix or | 19 |
| support a memorial
or monument to the ground in connection with | 20 |
| the installation of a memorial,
marker or monument.
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| (L) "Person" means an individual, corporation, | 22 |
| partnership, joint
venture, business trust, voluntary | 23 |
| organization or any other form of entity.
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| (M) "Seller" means
any person selling or offering for sale | 25 |
| cemetery
merchandise, cemetery services or undeveloped | 26 |
| interment, entombment, or
inurnment spaces in accordance with a |
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| pre-need sales contract. The seller must be licensed in the | 2 |
| State of Illinois by the Department of Financial and | 3 |
| Professional Regulation, and shall attend at least 24 hours of | 4 |
| continuing education every two year period, that shall be | 5 |
| approved by the Department of Financial and Professional | 6 |
| Regulation.
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| (N) "Religious cemetery" means a cemetery owned, operated, | 8 |
| controlled
or managed by any recognized church, religious | 9 |
| society, association or
denomination or by any cemetery | 10 |
| authority or any corporation administering,
or through which is | 11 |
| administered, the temporalities of any recognized
church, | 12 |
| religious society, association or denomination.
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| (O) "Municipal cemetery" means a cemetery owned, operated, | 14 |
| controlled or
managed by any city, village, incorporated town, | 15 |
| township, county or other
municipal corporation, political | 16 |
| subdivision, or instrumentality thereof
authorized by law to | 17 |
| own, operate or manage a cemetery.
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| (O-1) "Outer burial container" means a container made of | 19 |
| concrete, steel,
wood, fiberglass, or similar material, used | 20 |
| solely at the interment site, and
designed and used exclusively | 21 |
| to surround or enclose a separate casket and to
support the | 22 |
| earth above such casket, commonly known as a burial vault, | 23 |
| grave
box, or grave liner, but not including a lawn crypt.
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| (P) "Sales price" means the gross amount paid by a
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| purchaser on a
pre-need sales contract for cemetery | 26 |
| merchandise, cemetery services or
undeveloped interment, |
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| entombment or inurnment spaces, excluding sales
taxes, credit | 2 |
| life insurance premiums, finance charges and Cemetery Care
Act | 3 |
| contributions.
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| (Q) (Blank).
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| (R) "Provider" means a person who is responsible for
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| performing cemetery services or furnishing cemetery
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| merchandise, interment spaces, entombment spaces, or
inurnment | 8 |
| spaces under a pre-need sales contract.
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| (S) "Purchaser" or "buyer" means the person who
originally | 10 |
| paid the money under or in connection with a
pre-need sales | 11 |
| contract.
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| (T) "Parent company" means a corporation owning more than | 13 |
| 12 cemeteries or
funeral homes in more than one state.
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| (U) "Foreign warehouse facility" means a warehouse | 15 |
| facility
now or
hereafter located in any state or territory of | 16 |
| the United States, including
the District of Columbia, other | 17 |
| than the State of Illinois.
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| A foreign warehouse facility shall be deemed to have | 19 |
| appointed the
Comptroller to be its true and lawful attorney | 20 |
| upon whom may be served all
legal process in any action or | 21 |
| proceeding against it relating to or growing
out of this Act, | 22 |
| and the acceptance of the delivery of stored merchandise
under | 23 |
| this Act shall be signification of its agreement that any such
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| process against it which is so served, shall be of the same | 25 |
| legal force and
validity as though served upon it personally.
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| Service of such process shall be made by delivering to and |
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| leaving with
the Comptroller, or any agent having charge of the | 2 |
| Comptroller's Department
of Cemetery and Burial Trusts, a copy | 3 |
| of such process and such service
shall be sufficient service | 4 |
| upon such foreign warehouse facility if notice
of such service | 5 |
| and a copy of the process are, within 10 days thereafter,
sent | 6 |
| by registered mail by the plaintiff to the foreign warehouse | 7 |
| facility
at its principal office and the plaintiff's affidavit | 8 |
| of compliance
herewith is appended to the summons. The | 9 |
| Comptroller shall keep a record
of all process served upon him | 10 |
| under this Section and shall record therein
the time of such | 11 |
| service.
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| (Source: P.A. 91-7, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, | 13 |
| eff. 6-28-01;
92-419, eff. 1-1-02.)
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| (815 ILCS 390/15) (from Ch. 21, par. 215)
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| Sec. 15.
(a) Whenever a seller receives anything of value | 16 |
| under a
pre-need sales contract, the person receiving such | 17 |
| value shall deposit 50%
of all proceeds received into one or | 18 |
| more trust funds maintained pursuant
to this Section, except | 19 |
| that, in the case of proceeds received for the
purchase of | 20 |
| outer burial containers, 85% of the proceeds shall be deposited
| 21 |
| into one or more trust funds. Such deposits shall be made until | 22 |
| the amount
deposited in
trust equals 50% of the sales price of | 23 |
| the cemetery merchandise, cemetery
services and undeveloped | 24 |
| spaces included in such contract, except that, in
the case of | 25 |
| deposits for outer burial containers, deposits shall be made |
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| until
the amount deposited in trust equals 85% of the sales | 2 |
| price. In the event
an
installment contract is factored, | 3 |
| discounted or sold to a third party, the
seller shall deposit | 4 |
| an amount equal to 50% of the sales price of the
installment | 5 |
| contract, except that, for the portion of the contract
| 6 |
| attributable to the sale of outer burial containers, the seller | 7 |
| shall deposit
an amount equal to 85% of the sales price. | 8 |
| Proceeds required to be deposited
in trust which
are
| 9 |
| attributable to cemetery merchandise and cemetery services | 10 |
| shall be held
in a "Cemetery Merchandise Trust Fund". Proceeds | 11 |
| required to be deposited
in trust which are attributable to the | 12 |
| sale of undeveloped interment,
entombment or inurnment spaces | 13 |
| shall be held in a "Pre-construction Trust
Fund". If | 14 |
| merchandise is delivered for storage in a bonded warehouse, as
| 15 |
| authorized herein, and payment of transportation or other | 16 |
| charges totaling
more than $20 will be required in order to | 17 |
| secure delivery to the site of
ultimate use, upon such delivery | 18 |
| to the warehouse the seller shall deposit
to the trust fund the | 19 |
| full amount of the actual or estimated transportation
charge. | 20 |
| Transportation charges which have been prepaid by the seller
| 21 |
| shall not be deposited to trust funds maintained pursuant to | 22 |
| this Section.
As used in this Section, "all proceeds" means the | 23 |
| entire amount paid by a
purchaser in connection with a pre-need | 24 |
| sales contract, including finance
charges and Cemetery Care Act | 25 |
| contributions, but excluding sales taxes
and credit life | 26 |
| insurance premiums.
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| (b) All trust deposits required by this Act shall be made | 2 |
| within 30 days
following the end of the month of receipt.
| 3 |
| (c) A trust established under this Act must be maintained:
| 4 |
| (1) in a trust account established in a bank, savings | 5 |
| and loan association
or credit union authorized to do | 6 |
| business in Illinois where such accounts
are insured by an | 7 |
| agency of the federal government;
| 8 |
| (2) in a trust company authorized to do business in | 9 |
| Illinois; or
| 10 |
| (3) in an investment company authorized to do business | 11 |
| in Illinois insured
by the Securities Brokers Insurance | 12 |
| Corporation.
| 13 |
| (d) Funds deposited in the trust account shall be | 14 |
| identified in the records
of the seller by the name of the | 15 |
| purchaser. Nothing shall prevent the trustee
from commingling | 16 |
| the deposits in any such trust fund for purposes of the
| 17 |
| management thereof and the investment of funds therein as | 18 |
| provided in the
"Common Trust Fund Act", approved June 24, | 19 |
| 1949, as amended. In addition,
multiple trust funds maintained | 20 |
| pursuant to this Act may be commingled or
commingled with other | 21 |
| funeral or burial related trust funds, provided that
all record | 22 |
| keeping requirements imposed by or pursuant to law are met.
| 23 |
| (e) In lieu of a pre-construction trust fund, a seller of | 24 |
| undeveloped
interment, entombment or inurnment spaces may | 25 |
| obtain and file with the
Comptroller a performance bond in an | 26 |
| amount at least equal to 50% of the
sales price of the |
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| undeveloped spaces or the estimated cost of completing
| 2 |
| construction, whichever is greater. The bond shall be | 3 |
| conditioned on the
satisfactory construction and completion of | 4 |
| the undeveloped spaces as
required in Section 19 of this Act.
| 5 |
| Each bond obtained under this Section shall have as surety | 6 |
| thereon a
corporate surety company incorporated under the laws | 7 |
| of the United States,
or a State, the District of Columbia or a | 8 |
| territory or possession of the
United States. Each such | 9 |
| corporate surety company must be authorized to
provide | 10 |
| performance bonds as required by this Section, have paid-up
| 11 |
| capital of at least $250,000 in cash or its equivalent and be | 12 |
| able to carry
out its contracts. Each pre-need seller must | 13 |
| provide to the Comptroller,
for each corporate surety company | 14 |
| such
seller utilizes, a statement of assets and liabilities of | 15 |
| the corporate
surety company sworn to by the president and | 16 |
| secretary
of the corporation by January 1 of each year.
| 17 |
| The Comptroller shall prohibit pre-need sellers from doing | 18 |
| new business
with a corporate surety company if the company is | 19 |
| insolvent or is in
violation of this Section. In addition the | 20 |
| Comptroller may direct a
pre-need seller to reinstate a | 21 |
| pre-construction trust fund upon the
Comptroller's | 22 |
| determination that the corporate surety company no longer is
| 23 |
| sufficient security.
| 24 |
| All performance bonds issued pursuant to this Section must | 25 |
| be irrevocable
during the statutory term for completing | 26 |
| construction specified in Section
19 of this Act, unless |
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| terminated sooner by the completion of construction.
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| (f) Whenever any pre-need contract shall be entered into | 3 |
| and include 1)
items of cemetery merchandise and cemetery | 4 |
| services, and 2) rights to
interment, inurnment or entombment | 5 |
| in completed spaces without allocation
of the gross sale price | 6 |
| among the items sold, the application of payments
received | 7 |
| under the contract shall be allocated, first to the right to
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| interment, inurnment or entombment, second to items of cemetery | 9 |
| merchandise
and cemetery services, unless some other | 10 |
| allocation is clearly provided
in the contract.
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| (g) Any person engaging in pre-need sales who enters into a | 12 |
| combination
sale which involves the sale of items covered by a | 13 |
| trust or performance
bond requirement and any item not covered | 14 |
| by any entrustment or bond
requirement, shall be prohibited | 15 |
| from increasing the gross sales price of
those items not | 16 |
| requiring entrustment with the purpose of allocating a
lesser | 17 |
| gross sales price to items which require a trust deposit or a
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| performance bond.
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| (h) This Section applies only to pre-need sales entered | 20 |
| into prior to the effective date of this amendatory Act of the | 21 |
| 96th General Assembly. | 22 |
| (Source: P.A. 91-7; eff. 1-1-2000.)
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| (815 ILCS 390/15.5 new) | 24 |
| Sec. 15.5. Disclosures; options. Beginning on the | 25 |
| effective date of this amendatory Act of the 96th General |
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| Assembly, before a seller and purchaser enter into a pre-need | 2 |
| sales contract, the seller must disclose and fully explain that | 3 |
| the purchaser may fund the pre-need sales contract by choosing | 4 |
| one of the following options: | 5 |
| (1) depositing funds into a local banking institution | 6 |
| of the purchaser's choosing; | 7 |
| (2) depositing funds into a trust program operated by | 8 |
| the seller; or | 9 |
| (3) other means offered by the seller. | 10 |
| The purchaser shall then choose one of those options.
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| (815 ILCS 390/17) (from Ch. 21, par. 217)
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| Sec. 17.
(a) The principal and undistributed income of the | 13 |
| trust created
pursuant to Section 15 or Section 15.5 of this | 14 |
| Act shall be paid to the seller if:
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| (1) the seller certifies by sworn affidavit to the trustee | 16 |
| that the purchaser
or the beneficiary named in the pre-need | 17 |
| contract has deceased and that
seller has fully delivered or | 18 |
| installed all items included in the pre-need
contract and fully | 19 |
| performed all pre-need cemetery services he is required to
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| perform under the pre-need contract; or
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| (2) the seller certifies by sworn affidavit to the trustee | 22 |
| that seller
has made full delivery, as defined herein.
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| (Source: P.A. 84-239.)
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.
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