94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1210


 
Introduced 2/18/2005, by Sen. John J. Cullerton - Emil Jones, Jr.
 
SYNOPSIS AS INTRODUCED:
 		













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







    Amends the Cemetery Care Act. Makes a technical change in a Section
concerning
powers and duties of cemetery authorities.
















LRB094 04866 LCB 34895 b

















 


 


A BILL FOR









 











SB1210

LRB094 04866 LCB 34895 b






1
    AN ACT concerning civil law.

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Cemetery Care Act is amended by changing 
5
Section 2a as follows:
 



6
    (760 ILCS 100/2a)  (from Ch. 21, par. 64.2a)



7
    Sec. 2a. Powers and
and duties of cemetery authorities; 
8
cemetery property
maintained by cemetery care funds.
9
    (a) With respect to cemetery property
maintained by 
10
cemetery care funds, a cemetery authority shall be
responsible 
11
for the performance of:


12
        (1) the care and maintenance of the cemetery property 
13
    it owns;
and


14
        (2) the opening and closing of all graves, crypts, or 
15
    niches
for human remains in any cemetery property it owns.

16
    (b) A cemetery authority owning, operating, controlling
or 
17
managing a privately operated cemetery shall
make available for 
18
inspection, and upon
reasonable request provide a copy of,
its 
19
rules and regulations and its current prices of
interment, 
20
inurnment, or entombment rights.

21
    (c) A cemetery authority owning, operating, controlling
or 
22
managing a privately operated cemetery may, from time
to time 
23
as land in its cemetery may be required for burial
purposes, 
24
survey and subdivide those lands and make and
file in its 
25
office a map thereof delineating the lots or
plots, avenues, 
26
paths, alleys, and walks and their
respective designations.  The 
27
cemetery authority
shall open the map
to public
inspection. The 
28
cemetery authority may make available a
copy of the overall map 
29
upon written request and payment of
reasonable photocopy fees. 
30
Any unsold lots, plots or parts
thereof, in which there are not 
31
human remains, may be
resurveyed and altered in shape or size, 
32
and properly
designated on such map.  Nothing contained in this

 


 






SB1210
- 2 -
LRB094 04866 LCB 34895 b




1
subsection, however, shall prevent the cemetery authority
from 
2
enlarging an interment right by selling to the owner thereof 
3
the
excess space next to such interment right and permitting 
4
interments
therein, provided reasonable access to such 
5
interment right and to
adjoining interment rights is not 
6
thereby eliminated.
The Comptroller may waive any or all of the 
7
requirements of this subsection (c)
for good cause shown.

8
    (d) A cemetery authority owning, operating, controlling,

9
or managing a privately operated cemetery shall keep a
record 
10
of every interment, entombment, and inurnment in the
cemetery.  
11
The record shall include the deceased's name,
age, and date of 
12
burial, when these particulars can be
conveniently obtained, 
13
and the lot, plot, or section where
the human remains are 
14
interred, entombed, or inurned.
The record shall be open to 
15
public inspection consistent with State and federal
law. The 
16
cemetery
authority shall make available, consistent with State 
17
and federal law, a true
copy of the record
upon written request 
18
and payment of reasonable copy costs.

19
    (e) A cemetery authority owning, operating, controlling,

20
or managing a privately operated cemetery shall provide
access 
21
to the cemetery under the cemetery authority's reasonable rules 
22
and
regulations.

23
(Source: P.A. 92-419, eff. 1-1-02.)