House Sponsors: MOFFITT-SLONE-HOFFMAN-SMITH,MICHAEL-LEITCH, HOLBROOK, SCOTT AND OSMOND. Senate Sponsors: SHADID-HAWKINSON-SULLIVAN Short description: CEMETERY CARE-LICENSE Synopsis of Bill as introduced: Amends the Cemetery Care Act. If a licensee under the Act is delinquent in submitting the required annual report to the Comptroller, provides for a penalty of $5 for each day of delinquency up to 30 days and $25 for each day in excess of 30 days (now $5 per day for any period). Authorizes revocation of a license for failure to make the annual report within 6 months after it is due (now, no period of time is specified). Effective immediately. HOUSE AMENDMENT NO. 1. Deletes reference to: 760 ILCS 100/12 760 ILCS 100/15 Adds reference to: 760 ILCS 100/9 from Ch. 21, par. 64.9 Deletes everything. Amends the Cemetery Care Act. Provides that, before issuing any license under the Act, the Comptroller shall conduct an evaluation of the prospective licensee's prior experience with operation of any other cemetery or cemetery authority. Provides that the Comptroller may deny the license if the prospective licensee or any employee or officer of the prospective licensee has committed certain acts related to the management of a cemetery or cemetery authority or has been convicted of a felony. Effective immediately. HOUSE AMENDMENT NO. 3. Deletes reference to: 760 ILCS 100/9 Adds reference to: 760 ILCS 100/12 from Ch. 21, par. 64.12 Deletes everything. Amends the Cemetery Care Act. Makes a stylistic change in a Section concerning annual reports. HOUSE AMENDMENT NO. 4. Deletes reference to: 760 ILCS 100/12 Adds reference to: 760 ILCS 100/15 from Ch. 21, par. 64.15 Deletes everything. Amends the Cemetery Care Act. Provides that a ground for revocation of a license is any fact or condition that would constitute grounds for denying an application for a new license (rather than any fact or condition that would have warranted a refusal to issue a license). Effective immediately. SENATE AMENDMENT NO. 1. Adds reference to: 225 ILCS 45/1 from Ch. 111 1/2, par. 73.101 815 ILCS 390/4 from Ch. 21, par. 204 815 ILCS 390/14 from Ch. 21, par. 214 815 ILCS 390/15 from Ch. 21, par. 215 815 ILCS 390/20 from Ch. 21, par. 220 Amends the Illinois Funeral or Burial Funds Act to specify that nothing in the Act prohibits the inclusion of outer burial containers in sales contracts under the Illinois Pre-Need Cemetery Sales Act. Amends the Illinois Pre-Need Cemetery Sales Act to include outer burial containers among the cemetery merchandise that may be offered in a pre-need sales contract under the Act. Provides that 85% of proceeds received for the purchase of outer burial containers shall be deposited into one or more trust funds. Provides that a licensee under the Act may report information concerning the sale of outer burial containers on the annual report required under the Act and need not report it under the Illinois Funeral or Burial Funds Act. Makes all of these changes effective January 1, 2000. SENATE AMENDMENT NO. 2. Adds reference to: 225 ILCS 45/4a 225 ILCS 45/4b new 760 ILCS 100/4 from Ch. 21, par. 64.4 815 ILCS 390/16 from Ch. 21, par. 216 815 ILCS 390/16.5 new Further amends the Illinois Funeral or Burial Funds Act, the Cem- etery Care Act, and the Illinois Pre-Need Cemetery Sales Act. Provides that except in an action by the Comptroller to revoke a license issued pursuant to any of those Acts and for creation of a receivership, a trust under the Act shall not be subject to judgment, execution, or other seizure, nor to sale or other alienation, and shall not be as- signable except as approved by the Comptroller. Provides that in the event of the bankruptcy, insolvency, or assignment for the benefit of creditors of a licensee under any of the Acts, or in the event of the bankruptcy, insolvency, or assignment for the benefit of creditors of any person, partnership, association, corporation, or other entity that possesses a controlling interest in a licensee, the licensee shall provide notice in writing of that event to each purchaser of a pre-need sales contract or a pre-need contract within 30 days. Re- places amendatory changes to the Illinois Pre-Need Cemetery Sales Act concerning contract requirements; adds additional requirements. Re- places amendatory changes to the Illinois Pre-Need Cemetery Sales Act concerning licensees' reports of information in their annual reports. Provides that the amendatory Act takes effect upon becoming law, ex- cept that (1) the changes to the Illinois Funeral or Burial Funds Act concerning payments under pre-need contracts and (2) the changes to the Illinois Pre-Need Cemetery Sales Act concerning definitions, con- tract requirements, establishment of trust funds, and licensees re- cords take effect on January 1, 2000. Last action on Bill: PUBLIC ACT.............................. 91-0007 Last action date: 99-06-01 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 3 SENATE - 2 END OF INQUIRY Full Text Bill Status