Bill Text: IL SB2004 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Illinois Pre-Need Cemetery Sales Act. Makes a technical change in a Section concerning definitions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-02-20 - Referred to Assignments [SB2004 Detail]
Download: Illinois-2009-SB2004-Introduced.html
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1 | AN ACT concerning business.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pre-Need Cemetery Sales Act is | |||||||||||||||||||
5 | amended by changing Section 4 as follows:
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6 | (815 ILCS 390/4) (from Ch. 21, par. 204)
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7 | Sec. 4. Definitions. As used in this Act, the following | |||||||||||||||||||
8 | terms shall
have the the meaning specified:
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9 | (A) "Pre-need sales contract" or "Pre-need sales" means any
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10 | agreement or contract or series or combination of agreements or | |||||||||||||||||||
11 | contracts which
have for a purpose the sale of cemetery | |||||||||||||||||||
12 | merchandise, cemetery services or
undeveloped interment, | |||||||||||||||||||
13 | entombment or inurnment spaces where the terms of
such sale | |||||||||||||||||||
14 | require payment or payments to be made at a currently | |||||||||||||||||||
15 | determinable
time and where the merchandise, services or | |||||||||||||||||||
16 | completed spaces are to be
provided more than 120 days | |||||||||||||||||||
17 | following the initial payment on the account.
An agreement or | |||||||||||||||||||
18 | contract for a memorial, marker, or monument shall not be
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19 | deemed a "pre-need sales contract" or a "pre-need sale" if the | |||||||||||||||||||
20 | memorial,
marker, or monument is delivered within 180 days | |||||||||||||||||||
21 | following initial payment on
the account and work thereon | |||||||||||||||||||
22 | commences a reasonably short time after initial
payment on the | |||||||||||||||||||
23 | account.
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1 | (B) "Delivery" occurs when:
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2 | (1) Physical possession of
the merchandise is | ||||||
3 | transferred or
the
easement for burial rights in a | ||||||
4 | completed space is executed, delivered and
transferred to | ||||||
5 | the buyer; or
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6 | (2) Following authorization by a purchaser under a | ||||||
7 | pre-need sales
contract, title to the merchandise has been | ||||||
8 | transferred to the
buyer and the
merchandise has been paid | ||||||
9 | for and is in the possession of the seller who
has placed | ||||||
10 | it, until needed, at the site of its ultimate use;
or
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11 | (3) Following authorization by a purchaser under a | ||||||
12 | pre-need
sales
contract, the merchandise has been | ||||||
13 | permanently identified
with the
name of the buyer or the | ||||||
14 | beneficiary and delivered to a licensed and bonded
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15 | warehouse and both title to the merchandise and a warehouse | ||||||
16 | receipt have
been delivered to the purchaser or beneficiary | ||||||
17 | and a copy of the warehouse
receipt has been delivered to | ||||||
18 | the licensee for retention in its files; except
that in the | ||||||
19 | case of
outer burial containers, the use of a licensed and | ||||||
20 | bonded warehouse as set
forth in this paragraph shall not | ||||||
21 | constitute delivery for purposes of this
Act. Nothing | ||||||
22 | herein shall prevent a seller from perfecting a security | ||||||
23 | interest
in accordance with the Uniform Commercial Code on | ||||||
24 | any merchandise covered under
this Act.
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25 | All warehouse facilities to which sellers deliver
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26 | merchandise pursuant to this Act shall:
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1 | (i) be either located in the State of Illinois or | ||||||
2 | qualify as a
foreign warehouse facility as defined | ||||||
3 | herein;
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4 | (ii) submit to the Comptroller not less than | ||||||
5 | annually, by March 1 of
each year, a report of all | ||||||
6 | cemetery merchandise stored by each licensee
under | ||||||
7 | this Act which is in storage on the date of the report;
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8 | (iii) permit the Comptroller or his designee at any | ||||||
9 | time to examine
stored merchandise and to examine any | ||||||
10 | documents pertaining thereto;
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11 | (iv) submit evidence satisfactory to the | ||||||
12 | Comptroller that all
merchandise stored by said | ||||||
13 | warehouse for licensees under this Act is
insured for | ||||||
14 | casualty or other loss normally assumed by a bailee for | ||||||
15 | hire;
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16 | (v) demonstrate to the Comptroller that the | ||||||
17 | warehouse has procured and
is maintaining a | ||||||
18 | performance bond in the form, content and amount
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19 | sufficient to unconditionally guarantee to the | ||||||
20 | purchaser or beneficiary the
prompt shipment of the | ||||||
21 | cemetery merchandise.
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22 | (C) "Cemetery merchandise" means items of personal | ||||||
23 | property normally
sold by a cemetery authority not covered | ||||||
24 | under the Illinois Funeral or Burial
Funds Act, including but | ||||||
25 | not limited to:
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26 | (1) memorials,
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1 | (2) markers,
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2 | (3) monuments,
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3 | (4) foundations, and
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4 | (5) outer burial containers.
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5 | (D) "Undeveloped interment, entombment or inurnment | ||||||
6 | spaces" or
"undeveloped spaces" means any space to be used for | ||||||
7 | the reception of human
remains that is not completely and | ||||||
8 | totally constructed at the time of
initial payment therefor in | ||||||
9 | a:
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10 | (1) lawn crypt,
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11 | (2) mausoleum,
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12 | (3) garden crypt,
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13 | (4) columbarium, or
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14 | (5) cemetery section.
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15 | (E) "Cemetery services" means those services customarily | ||||||
16 | performed
by cemetery or crematory personnel in connection with | ||||||
17 | the interment,
entombment, inurnment or cremation of a dead | ||||||
18 | human body.
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19 | (F) "Cemetery section" means a grouping of spaces intended | ||||||
20 | to be
developed simultaneously for the purpose of interring | ||||||
21 | human remains.
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22 | (G) "Columbarium" means an arrangement of niches that may | ||||||
23 | be an entire
building, a complete room, a series of special | ||||||
24 | indoor alcoves, a bank along
a corridor or part of an outdoor | ||||||
25 | garden setting that is constructed of
permanent material such | ||||||
26 | as bronze, marble, brick, stone or concrete for the
inurnment |
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1 | of human remains.
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2 | (H) "Lawn crypt" means a permanent underground crypt | ||||||
3 | usually constructed
of reinforced concrete or similar material | ||||||
4 | installed in multiple units for
the entombment of human | ||||||
5 | remains.
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6 | (I) "Mausoleum" or "garden crypt" means a grouping of | ||||||
7 | spaces constructed
of reinforced concrete or similar material | ||||||
8 | constructed or assembled above
the ground for entombing human | ||||||
9 | remains.
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10 | (J) "Memorials, markers and monuments" means the object | ||||||
11 | usually comprised
of a permanent material such as granite or | ||||||
12 | bronze used to identify and
memorialize the deceased.
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13 | (K) "Foundations" means those items used to affix or | ||||||
14 | support a memorial
or monument to the ground in connection with | ||||||
15 | the installation of a memorial,
marker or monument.
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16 | (L) "Person" means an individual, corporation, | ||||||
17 | partnership, joint
venture, business trust, voluntary | ||||||
18 | organization or any other form of entity.
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19 | (M) "Seller" means
any person selling or offering for sale | ||||||
20 | cemetery
merchandise, cemetery services or undeveloped | ||||||
21 | interment, entombment, or
inurnment spaces in accordance with a | ||||||
22 | pre-need sales contract.
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23 | (N) "Religious cemetery" means a cemetery owned, operated, | ||||||
24 | controlled
or managed by any recognized church, religious | ||||||
25 | society, association or
denomination or by any cemetery | ||||||
26 | authority or any corporation administering,
or through which is |
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1 | administered, the temporalities of any recognized
church, | ||||||
2 | religious society, association or denomination.
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3 | (O) "Municipal cemetery" means a cemetery owned, operated, | ||||||
4 | controlled or
managed by any city, village, incorporated town, | ||||||
5 | township, county or other
municipal corporation, political | ||||||
6 | subdivision, or instrumentality thereof
authorized by law to | ||||||
7 | own, operate or manage a cemetery.
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8 | (O-1) "Outer burial container" means a container made of | ||||||
9 | concrete, steel,
wood, fiberglass, or similar material, used | ||||||
10 | solely at the interment site, and
designed and used exclusively | ||||||
11 | to surround or enclose a separate casket and to
support the | ||||||
12 | earth above such casket, commonly known as a burial vault, | ||||||
13 | grave
box, or grave liner, but not including a lawn crypt.
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14 | (P) "Sales price" means the gross amount paid by a
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15 | purchaser on a
pre-need sales contract for cemetery | ||||||
16 | merchandise, cemetery services or
undeveloped interment, | ||||||
17 | entombment or inurnment spaces, excluding sales
taxes, credit | ||||||
18 | life insurance premiums, finance charges and Cemetery Care
Act | ||||||
19 | contributions.
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20 | (Q) (Blank).
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21 | (R) "Provider" means a person who is responsible for
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22 | performing cemetery services or furnishing cemetery
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23 | merchandise, interment spaces, entombment spaces, or
inurnment | ||||||
24 | spaces under a pre-need sales contract.
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25 | (S) "Purchaser" or "buyer" means the person who
originally | ||||||
26 | paid the money under or in connection with a
pre-need sales |
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1 | contract.
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2 | (T) "Parent company" means a corporation owning more than | ||||||
3 | 12 cemeteries or
funeral homes in more than one state.
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4 | (U) "Foreign warehouse facility" means a warehouse | ||||||
5 | facility
now or
hereafter located in any state or territory of | ||||||
6 | the United States, including
the District of Columbia, other | ||||||
7 | than the State of Illinois.
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8 | A foreign warehouse facility shall be deemed to have | ||||||
9 | appointed the
Comptroller to be its true and lawful attorney | ||||||
10 | upon whom may be served all
legal process in any action or | ||||||
11 | proceeding against it relating to or growing
out of this Act, | ||||||
12 | and the acceptance of the delivery of stored merchandise
under | ||||||
13 | this Act shall be signification of its agreement that any such
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14 | process against it which is so served, shall be of the same | ||||||
15 | legal force and
validity as though served upon it personally.
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16 | Service of such process shall be made by delivering to and | ||||||
17 | leaving with
the Comptroller, or any agent having charge of the | ||||||
18 | Comptroller's Department
of Cemetery and Burial Trusts, a copy | ||||||
19 | of such process and such service
shall be sufficient service | ||||||
20 | upon such foreign warehouse facility if notice
of such service | ||||||
21 | and a copy of the process are, within 10 days thereafter,
sent | ||||||
22 | by registered mail by the plaintiff to the foreign warehouse | ||||||
23 | facility
at its principal office and the plaintiff's affidavit | ||||||
24 | of compliance
herewith is appended to the summons. The | ||||||
25 | Comptroller shall keep a record
of all process served upon him | ||||||
26 | under this Section and shall record therein
the time of such |
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1 | service.
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2 | (Source: P.A. 91-7, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, | ||||||
3 | eff. 6-28-01;
92-419, eff. 1-1-02.)
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