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90_HB2435ham001
LRB9008386NTsbam
1 AMENDMENT TO HOUSE BILL 2435
2 AMENDMENT NO. . Amend House Bill 2435 on page 1,
3 lines 2 and 6, by replacing "9" each time it appears with
4 "15b"; and
5 on page 1, by replacing lines 17 through 30 with the
6 following:
7 ""Care" means the maintenance of a cemetery and of the
8 lots, graves, crypts, niches, family mausoleums, memorials,
9 and markers therein; including: (i) the cutting and trimming
10 of lawn, shrubs, and trees at reasonable intervals; (ii)
11 keeping in repair the drains, water lines, roads, buildings,
12 fences, and other structures, in keeping with a well
13 maintained cemetery; (iii) also overhead expense necessary
14 for such purposes, including maintenance of machinery, tools,
15 and equipment for such care; (iv) compensation of employees,
16 payment of insurance premiums, and reasonable payments for
17 employees pension and other benefits plans; and (v) to the
18 extent surplus income from the care fund is available, the
19 payment of overhead expenses necessary for such purposes, and
20 for maintaining necessary records of lot ownership,
21 transfers, and burials."; and
22 on page 4, by replacing lines 14 through 33 with the
23 following:
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1 "(760 ILCS 100/15b)
2 Sec. 15b. Sales; liability of purchaser for shortage.
3 In the case of a sale of any privately operated cemetery
4 or any part thereof or of any related personal property by a
5 cemetery authority to a purchaser or pursuant to foreclosure
6 proceedings, except the sale of burial rights, services, or
7 merchandise to a person for his or her personal or family
8 burial or interment, the purchaser is liable for any
9 shortages existing before or after the sale in the care funds
10 required to be maintained in a trust pursuant to this Act and
11 shall honor all instruments issued under Section 4 for that
12 cemetery. Any shortages existing in the care funds constitute
13 a prior lien in favor of the trust for the total value of the
14 shortages, and notice of such lien shall be provided in all
15 sales instruments.
16 In the event of a sale or transfer of all or
17 substantially all of the assets of the cemetery authority,
18 the sale or transfer of the controlling interest of the
19 corporate stock of the cemetery authority if the cemetery
20 authority is a corporation, or the sale or transfer of the
21 controlling of the partnership if the cemetery authority is a
22 partnership, the cemetery authority shall, at least 21 days
23 prior to the sale or transfer, notify the Comptroller, in
24 writing, of the pending date of sale or transfer so as to
25 permit the Comptroller to audit the books and records of the
26 cemetery authority. The audit must be commenced within 5
27 business days of the receipt of the notification and
28 completed within the 21 day notification period unless the
29 Comptroller notifies the cemetery authority during that
30 period that there is a basis for determining a deficiency
31 which will require additional time to finalize. The sale or
32 transfer may not be completed by the cemetery authority
33 unless and until:
34 (a) The Comptroller has completed the audit of the
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1 cemetery authority's books and records;
2 (b) Any delinquency existing in the care funds has
3 been paid by the cemetery authority, or arrangements
4 satisfactory to the Comptroller have been made by the
5 cemetery authority on the sale or transfer for the
6 payment of any delinquency;
7 (c) The Comptroller issues a new cemetery care
8 license upon application of the newly controlled
9 corporation or partnership, which license must be applied
10 for within 30 days of the anticipated date of the sale or
11 transfer, subject to the payment of any delinquencies, if
12 any, as stated in item (b) above.
13 For purposes of this Section, a person, firm,
14 corporation, partnership, or institution that acquires the
15 cemetery through a real estate foreclosure shall be subject
16 to the provisions of this Section. The sale or transfer of
17 the controlling interest of a cemetery authority to an
18 immediate family member is not subject to the license
19 application process required in item (c) of this Section.
20 (Source: P.A. 88-477.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law."; and
23 by deleting pages 5 through 7.