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760 ILCS 100/8
(760 ILCS 100/8) (from Ch. 21, par. 64.8)
Sec. 8.
Every cemetery authority shall register with the Comptroller upon
forms furnished by him or her. Such registration statement shall state whether
the cemetery authority claims that the cemetery owned, operated, controlled, or
managed by it is a fraternal cemetery, municipal, State, or federal cemetery,
or religious cemetery, or a family burying ground, as the case may be, as
defined in Section 2 of this Act, and shall state the date of incorporation if
a corporation and whether incorporated under general or private act of the
legislature. Such registration statement shall be accompanied by a fee of $5.
Such fee shall be paid to the Comptroller and no registration statement shall
be accepted by him without the payment of such fee. Every cemetery authority
that is not required to file an annual report under this Act shall bear the
responsibility of informing the Comptroller whenever a change takes place
regarding status of cemetery, name of contact person, and that person's address
and telephone number.
Upon receipt of a registration statement, if a claim is made that a
cemetery is a fraternal cemetery, municipal cemetery, or religious
cemetery, or a family burying ground, as the case may be, as defined in
Section 2 of this Act, and the Comptroller shall determine that such
cemetery is not a fraternal cemetery, a municipal cemetery, or a religious
cemetery, or a family burying ground, as the case may be, as defined in
Section 2 of this Act, the Comptroller shall notify the cemetery authority
making the claim of such determination; provided, however, that no such
claim shall be denied until the cemetery authority making such claim has
had at least 10 days' notice of a hearing thereon and an opportunity to be
heard. When any such claim is denied, the Comptroller shall within 20 days
thereafter prepare and keep on file in his office the transcript of the
evidence taken and a written order or decision of denial of such claim and
shall send by United States mail a copy of such order or decision of denial
to the cemetery authority making such claim within 5 days after the filing
in his office of such order, finding or decision. A review of any such
order, finding or decision may be had as provided in the Administrative
Review Law, as now or hereafter amended.
Where no claim is made that a cemetery is a fraternal cemetery,
municipal cemetery or religious cemetery or family burying ground, as the
case may be, as defined in Section 2 of this Act, the registration
statement shall be accompanied by a fidelity bond in the amount required by
Section 9 of this Act. Upon receipt of such application, statement and
bond, the Comptroller shall issue a license to accept the care funds
authorized by the provisions of Section 3 of this Act to each cemetery
authority owning, operating, controlling or managing a privately operated
cemetery. However, the Comptroller shall issue a license
without the filing of a bond where the filing of a bond is excused by
Section 18 of this Act.
The license issued by the Comptroller shall remain in full force and
effect until it is surrendered by the licensee or revoked by the
Comptroller as hereinafter provided.
(Source: P.A. 88-477.)
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