Chapter 760 — TRUSTS AND FIDUCIARIES

(760 ILCS 95/0.01) (from Ch. 21, par. 63.9) Sec. 0.01. Short title. This Act may be cited as the Cemetery Perpetual Trust Authorization Act. (Source: P.A. 86-1324.)

(760 ILCS 95/2) (from Ch. 21, par. 64) Sec. 2. Any incorporated cemetery association incorporated not for pecuniary profit, may if it elects to do so, receive and hold money, funds and property in perpetual trust pursuant to the provisions of this act. Such election shall be evid…

(760 ILCS 100/1) (from Ch. 21, par. 64.1) Sec. 1. Short title. This Act may be cited as the Cemetery Care Act. (Source: P.A. 90-47, eff. 1-1-98.)

(760 ILCS 100/10) (from Ch. 21, par. 64.10) Sec. 10. Upon receipt of such application for license, the Comptroller shall issue a license to the applicant unless the Comptroller determines that: (a) The applicant has made any misrepresentations or false statements or has concealed…

(760 ILCS 100/11) (from Ch. 21, par. 64.11) Sec. 11. Issuance and display of license. A license issued under this Act authorizes the cemetery authority to accept care funds for the cemetery identified in the license. If a license application seeks licensure to accept care funds o…

(760 ILCS 100/11.1) Sec. 11.1. Investigation of unlawful practices. If it appears to the Comptroller that a person has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by this Act, the Comptroller may: (1) require that person to file on su…

(760 ILCS 100/11.2) Sec. 11.2. Service. Service by the Comptroller of any notice requiring a person to file a statement or report shall be made: (1) personally by delivery of a duly executed copy thereof to the person to be served or, if that person is not a natural person, in th…

(760 ILCS 100/12) (from Ch. 21, par. 64.12) Sec. 12. Annual reports. Every licensee shall prepare a written report as of the end of the preceding calendar year or fiscal year, as the case may be, showing: (a) The amount of the principal of the care funds held in trust by the trus…

(760 ILCS 100/13) (from Ch. 21, par. 64.13) Sec. 13. Books, accounts, and records. Every licensee and the trustee of the care funds of every licensee shall be a resident of this State and shall keep in this State and use in its business such books, accounts and records as will en…

(760 ILCS 100/14) (from Ch. 21, par. 64.14) Sec. 14. The Comptroller may at any time investigate the cemetery business of every licensee with respect to its care funds. The Comptroller shall examine at least annually every licensee who holds $250,000 or more in its care funds. Fo…

(760 ILCS 100/15) (from Ch. 21, par. 64.15) Sec. 15. The Comptroller may, upon 10 days' notice to the licensee, by United States mail directed to the licensee at the address set forth in the license, stating the contemplated action and, in general, the grounds therefor, and upon …

(760 ILCS 100/15.1) (from Ch. 21, par. 64.15-1) Sec. 15.1. The Comptroller may, in accordance with Section 15, revoke only the particular license with respect to which grounds for revocation may occur or exist, or if he finds that such grounds for revocation are of general applic…

(760 ILCS 100/15.2) (from Ch. 21, par. 64.15-2) Sec. 15.2. A licensee may surrender any license by delivering to the Comptroller written notice that he thereby surrenders such license but such surrender shall not affect such licensee's civil or criminal liability for acts committ…

(760 ILCS 100/15.3) (from Ch. 21, par. 64.15-3) Sec. 15.3. Every license issued hereunder shall remain in force until the same has been surrendered or revoked in accordance with this Act, but the Comptroller may on his own motion, issue new licenses to a licensee whose license or…

(760 ILCS 100/15.4) (from Ch. 21, par. 64.15-4) Sec. 15.4. No license shall be revoked until the licensee has had at least 10 days' notice of a hearing thereon and an opportunity to be heard. When any license is so revoked, the Comptroller shall within 20 days thereafter, prepare…

(760 ILCS 100/15a) (from Ch. 21, par. 64.15a) Sec. 15a. Where any cemetery authority owning, operating, controlling or managing a privately operated cemetery or any trustee for the same has accepted care funds within the meaning of this Act, and dissolution is sought by such ceme…

(760 ILCS 100/15b) Sec. 15b. Sales; liability of purchaser for shortage. In the case of a sale of any privately operated cemetery or any part thereof or of any related personal property by a cemetery authority to a purchaser or pursuant to foreclosure proceedings, except the sale…

(760 ILCS 100/16) (from Ch. 21, par. 64.16) Sec. 16. Whenever a licensee refuses or neglects to make a required report or whenever it appears to the Comptroller from any report or examination that such licensee has committed a violation of law or that the care funds have not been…

(760 ILCS 100/17) (from Ch. 21, par. 64.17) Sec. 17. If the Comptroller finds at any time that the bond is insecure or exhausted or otherwise doubtful, an additional bond in like amount to be approved by the Comptroller shall be filed by the licensee within 30 days after written …

(760 ILCS 100/18) (from Ch. 21, par. 64.18) Sec. 18. Application; when bond is unnecessary. The provisions of this Act as to the (a) registration, (b) application for license, (c) filing of a fidelity bond, (d) filing of an annual report, and (e) examination by the Comptroller, a…

(760 ILCS 100/19) (from Ch. 21, par. 64.19) Sec. 19. The Comptroller may make, amend, rescind and enforce such rules and regulations and amendments thereto, as may be necessary for the purpose of carrying out this Act. However, the Comptroller may not make or amend any rule or re…

(760 ILCS 100/2) (from Ch. 21, par. 64.2) Sec. 2. Definitions. The following words, terms and phrases used in this Act, for the purpose of this Act, have the following meanings: "Person" means any person, partnership, association, corporation, or other entity. "Trustee" means any…

(760 ILCS 100/21) (from Ch. 21, par. 64.21) Sec. 21. Except as otherwise provided for in this Act, whenever the Comptroller is required to give notice to any applicant or licensee, such requirement shall be considered complied with if, within the time fixed herein, such notice is…

(760 ILCS 100/22) (from Ch. 21, par. 64.22) Sec. 22. Nothing in this Act shall be construed to impair the obligation of any existing contract. (Source: Laws 1947, p. 338.)

(760 ILCS 100/23) (from Ch. 21, par. 64.23) Sec. 23. Every person having taken an oath or affirmation in any proceeding or matter wherein an oath is required by this Act, who shall swear wilfully, corruptly and falsely in a matter material to the issue or point in question, or sh…

(760 ILCS 100/24) (from Ch. 21, par. 64.24) Sec. 24. Whoever intentionally fails to deposit the required amounts into a trust provided for in this Act, intentionally and improperly withdraws or uses trust funds for his or her own benefit, or otherwise intentionally violates any p…

(760 ILCS 100/25) Sec. 25. Use of care funds. When a township or multi-township cemetery district takes over a cemetery or cemetery authority, the care fund and care fund expenditures continue to be subject to the provisions of this Act, and the township or multi-township cemeter…

(760 ILCS 100/26) Sec. 26. Abandoned or neglected cemeteries; clean-up. The Comptroller may administer a program for the purpose of cleaning up abandoned or neglected cemeteries located in Illinois. Administration of this program may include the Comptroller's issuance of grants f…

(760 ILCS 100/2a) (from Ch. 21, par. 64.2a) Sec. 2a. Powers and duties of cemetery authorities; cemetery property maintained by cemetery care funds. (a) With respect to cemetery property maintained by cemetery care funds, a cemetery authority shall be responsible for the performa…

(760 ILCS 100/3) (from Ch. 21, par. 64.3) Sec. 3. Gifts and contributions - Trust funds. Any cemetery authority is hereby authorized and empowered to accept any gift, grant, contribution, payment, legacy, or pursuant to contract, any sum of money, funds, securities or property of…

(760 ILCS 100/3a) (from Ch. 21, par. 64.3a) Sec. 3a. Loans to private cemeteries. Except upon written approval of the Comptroller, no loan or investment of any care funds by any cemetery authority owning, operating, controlling or managing a privately operated cemetery, or by any…

(760 ILCS 100/4) (from Ch. 21, par. 64.4) Sec. 4. Care funds; deposits; investments. Whenever a cemetery authority owning, operating, controlling or managing a privately operated cemetery accepts care funds, either in connection with the sale or giving away at an imputed value of…

(760 ILCS 100/5) (from Ch. 21, par. 64.5) Sec. 5. No cemetery authority, nor any agent, servant, or employee of it, nor any other person, shall advertise, represent, guarantee, promise, or contract that perpetual care, permanent care, perpetual or permanent maintenance, care fore…

(760 ILCS 100/6) (from Ch. 21, par. 64.6) Sec. 6. The trust funds authorized by Section 3 of this Act, and the income therefrom, and any funds received under a contract to furnish care of a burial space for a definite number of years, shall be held for the general benefit of the …

(760 ILCS 100/7) (from Ch. 21, par. 64.7) Sec. 7. License to hold care funds. No cemetery authority owning, operating, controlling or managing a privately operated cemetery may accept the care funds authorized by the provisions of Section 3 of this Act without securing from the C…

(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 manag…

(760 ILCS 100/8.1) (from Ch. 21, par. 64.8a) Sec. 8.1. Any cemetery authority operating a fraternal cemetery, municipal cemetery, State or federal cemetery, religious cemetery or family burying ground which has been licensed under the provisions of this Act may have such license …

(760 ILCS 100/9) (from Ch. 21, par. 64.9) Sec. 9. Application for license. (a) Prior to the acceptance of care funds authorized by Section 3 of this Act or the sale or transfer of the controlling interest of a licensed cemetery authority, a cemetery authority owning, operating, c…