Weak controls over cemetery funds  
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        FINDINGS,
        CONCLUSIONS, AND  
        RECOMMENDATIONS 
        
            - NEED TO STRENGTHEN CONTROLS OVER CEMETERY CARE
                AND BURIAL TRUST FUNDS 
Prior to 1995,
                inadequate controls were in place to monitor the
                disposition of Cemetery Care and Burial Trust
                Funds. At that time, the Comptroller's Office
                Cemetery Care and Burial Trust Department's focus
                was to ensure licensees filed reports as required
                by statute.  
                The Office of the Comptroller's Cemetery Care
                and Burial Trust Department is responsible for
                administering the Cemetery Care Act. This duty
                involves registering and licensing all cemeteries
                in Illinois that have care funds and monitoring
                their compliance with the Act through submission
                of annual financial reports. Care funds are
                trusts established pursuant to a contract for the
                maintenance of cemetery plots, graves, crypts or
                mausoleums belonging to the persons establishing
                the trusts. To obtain a license under the Act,
                applications must be accompanied by a fidelity
                bond equal to 10% of care funds. Details from
                annual reports submitted are used to determine
                licensees requiring a bond increase. Field
                auditors from the Comptroller's Office are
                required to notify cemeteries of the bond
                increase and audit compliance with the Act.
                Audits are performed annually on cemeteries with
                care funds greater than $250,000. According to
                the Comptroller's office, approximately 630
                cemeteries are audited per year.  
                Prior to 1995, the Office's Cemetery Care and
                Burial Trust Department placed little emphasis on
                the quality or accuracy of information provided
                by licensees. In 1995, the Office developed and
                implemented new audit checklists and a notice of
                findings for Department employees to utilize in
                performing their review and notifying licensees
                of deficiencies. In addition, the Office has
                developed and received approval for legislation
                directly authorizing enforcement actions and
                civil recoveries; legislation creating a two tier
                audit structure, with the "second tier"
                audit to be performed at the licensees' expense
                where specified indicators of financial
                instability are found; and legislation requiring
                that an independent trustee be appointed for
                trust funds exceeding $500,000.  
                The Office states it is also proposing a fee
                to generate monies to be used to allow the Office
                to maintain cemeteries whose trust funds have
                been depleted and to seek recovery of misspent
                trust funds; developing a new administration
                database to identify risk factors to indicate
                potential problems before trusts funds are
                dissipated; and, pursuing civil recovery actions
                in Circuit Court to recover over $8 million in
                misspent trust funds for three cemetery
                licensees. (Finding 1, page 8)  
                We recommended the Office continue efforts to
                strengthen controls over the operations of the
                Cemetery Care and Burial Trust Department.  
                Comptroller's officials stated they agree and
                that they have taken significant steps to correct
                the weakness by:  
             
         
        
            - creating an enforcement protocol to deal with
                past delinquencies in an equitable manner, 
 
         
        
            - performing a file by file review and update of
                all licensees to validate their legal compliance,
            
 
         
        
            - continuing to improve the reliability of stress
                indicators used to help determine financial
                instability of licensees, and 
 
         
        
            - increasing discipline in licensee revocation. 
 
         
        
            - Comptroller officials stated they believe these
                measures, along with the steps taken previously,
                will help ensure that adequate controls are in
                place to monitor the disposition of Cemetery Care
                and Burial Trust funds. 
OTHER FINDING  
                The remaining finding was less significant and
                has been given appropriate attention by
                management. We will review progress toward the
                implementation of our recommendation in our next
                audit. Office responses were provided by Mr.
                Michael Moody, Director of Internal Audits.  
             
         
        AUDITORS' OPINION 
        
            - Our auditors stated the Office's financial
                statements are fairly presented. 
 
                 
                ____________________________________  
                WILLIAM G. HOLLAND, Auditor General  
                WGH:KMM:pp  
             
         
        SPECIAL ASSISTANT AUDITORS 
        
            - Pandolfi, Topolski, Weiss & Co., Ltd. were
                our special assistant auditors.
 
         
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