96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1083

 

Introduced 2/6/2009, by Sen. John J. Cullerton

 

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 relating to the powers and duties of cemetery authorities.


LRB096 07159 AJO 17245 b

 

 

A BILL FOR

 

SB1083 LRB096 07159 AJO 17245 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 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 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,

 

 

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1 survey and subdivide those lands and make and file in its
2 office a map thereof delineating the lots or plots, avenues,
3 paths, alleys, and walks and their respective designations. The
4 cemetery authority shall open the map to public inspection. The
5 cemetery authority may make available a copy of the overall map
6 upon written request and payment of reasonable photocopy fees.
7 Any unsold lots, plots or parts thereof, in which there are not
8 human remains, may be resurveyed and altered in shape or size,
9 and properly designated on such map. Nothing contained in this
10 subsection, however, shall prevent the cemetery authority from
11 enlarging an interment right by selling to the owner thereof
12 the excess space next to such interment right and permitting
13 interments therein, provided reasonable access to such
14 interment right and to adjoining interment rights is not
15 thereby eliminated. The Comptroller may waive any or all of the
16 requirements of this subsection (c) for good cause shown.
17     (d) A cemetery authority owning, operating, controlling,
18 or managing a privately operated cemetery shall keep a record
19 of every interment, entombment, and inurnment in the cemetery.
20 The record shall include the deceased's name, age, and date of
21 burial, when these particulars can be conveniently obtained,
22 and the lot, plot, or section where the human remains are
23 interred, entombed, or inurned. The record shall be open to
24 public inspection consistent with State and federal law. The
25 cemetery authority shall make available, consistent with State
26 and federal law, a true copy of the record upon written request

 

 

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1 and payment of reasonable copy costs.
2     (e) A cemetery authority owning, operating, controlling,
3 or managing a privately operated cemetery shall provide access
4 to the cemetery under the cemetery authority's reasonable rules
5 and regulations.
6 (Source: P.A. 92-419, eff. 1-1-02.)