94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1367


 
Introduced 02/09/05, by Rep. Donald L. Moffitt
 
SYNOPSIS AS INTRODUCED:
 		














760 ILCS 100/2a
  from Ch. 21, par. 64.2a







    Amends the Cemetery Care Act.  Provides that a cemetery authority owning, operating, controlling, or managing a privately or publicly operated cemetery (instead of only a privately operated cemetery) shall provide access to the cemetery under the cemetery authority's reasonable rules and regulations.
















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A BILL FOR









 











HB1367

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    AN ACT concerning cemeteries.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Cemetery Care Act is amended  by changing 
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Section 2a as follows:
 



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    (760 ILCS 100/2a)  (from Ch. 21, par. 64.2a)



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    Sec. 2a. Powers and duties of cemetery authorities; 
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cemetery property
maintained by cemetery care funds.

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    (a) With respect to cemetery property
maintained by 
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cemetery care funds, a cemetery authority shall be
responsible 
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for the performance of:


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        (1) the care and maintenance of the cemetery property 
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    it owns;
and


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        (2) the opening and closing of all graves, crypts, or 
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    niches
for human remains in any cemetery property it owns.

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    (b) A cemetery authority owning, operating, controlling
or 
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managing a privately operated cemetery shall
make available for 
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inspection, and upon
reasonable request provide a copy of,
its 
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rules and regulations and its current prices of
interment, 
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inurnment, or entombment rights.

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    (c) A cemetery authority owning, operating, controlling
or 
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managing a privately operated cemetery may, from time
to time 
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as land in its cemetery may be required for burial
purposes, 
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survey and subdivide those lands and make and
file in its 
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office a map thereof delineating the lots or
plots, avenues, 
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paths, alleys, and walks and their
respective designations.  The 
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cemetery authority
shall open the map
to public
inspection. The 
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cemetery authority may make available a
copy of the overall map 
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upon written request and payment of
reasonable photocopy fees. 
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Any unsold lots, plots or parts
thereof, in which there are not 
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human remains, may be
resurveyed and altered in shape or size, 
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and properly
designated on such map.  Nothing contained in this

 


 






HB1367
- 2 -
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subsection, however, shall prevent the cemetery authority
from 
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enlarging an interment right by selling to the owner thereof 
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the
excess space next to such interment right and permitting 
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interments
therein, provided reasonable access to such 
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interment right and to
adjoining interment rights is not 
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thereby eliminated.
The Comptroller may waive any or all of the 
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requirements of this subsection (c)
for good cause shown.

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    (d) A cemetery authority owning, operating, controlling,

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or managing a privately operated cemetery shall keep a
record 
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of every interment, entombment, and inurnment in the
cemetery.  
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The record shall include the deceased's name,
age, and date of 
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burial, when these particulars can be
conveniently obtained, 
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and the lot, plot, or section where
the human remains are 
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interred, entombed, or inurned.
The record shall be open to 
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public inspection consistent with State and federal
law. The 
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cemetery
authority shall make available, consistent with State 
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and federal law, a true
copy of the record
upon written request 
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and payment of reasonable copy costs.

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    (e) A cemetery authority owning, operating, controlling,

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or managing a privately or publicly operated cemetery shall 
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provide
access to the cemetery under the cemetery authority's 
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reasonable rules and
regulations.

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(Source: P.A. 92-419, eff. 1-1-02.)