70 ILCS 105/ Cemetery Maintenance District Act.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

70 ILCS 105/1

(70 ILCS 105/1) (from Ch. 21, par. 64.24a)

Sec. 1.

Any area within the boundaries of a single county may be
incorporated as a cemetery maintenance district in the manner following:

Fifty or more of the legal voters resident within the limits of such
proposed district or a majority thereof if less than 100, may petition
the circuit court for the county in which the proposed district is
located to cause the question to be submitted to the legal voters of
such proposed district, whether such proposed territory shall be
organized as a cemetery maintenance district under this Act. Such
petition shall be addressed to the court and shall contain a definite
description of the boundaries of the territory to be embraced in the
proposed district, and the name of such proposed district; provided,
that the territory incorporated in any district formed hereunder shall
be contiguous and may contain any territory not previously included in
any cemetery maintenance district.

Upon filing any such petition, in the office of the circuit clerk of the
county in which such petition is made, the court shall consider the boundaries
of any such proposed cemetery maintenance district whether the
same shall be those stated in the petition or otherwise.

Notice shall be given by the court of the time and place of a hearing upon
the subject of the petition which shall be inserted in one or more daily
or weekly papers published within the proposed cemetery maintenance district,
or if no daily or weekly newspaper is published within such proposed cemetery
maintenance district, then by posting at least 10 copies in such proposed
district at least 20 days before such meeting in conspicuous places as far
separated from each other as consistently possible.

At such hearing all persons in such proposed cemetery maintenance
district shall have an opportunity to be heard touching the location and
boundary of such proposed district and make suggestions regarding the
same, and the court, after hearing statements, evidence and suggestions,
shall fix and determine the limits and boundaries of such proposed
district, and for that purpose and to that extent, may alter and amend
such petition. After such determination by the court the same shall be
incorporated in an order which shall be filed in the records of the
court. Upon the entering of such order the court
shall certify the order and the proposition to the proper election officials,
who shall submit the proposition to the voters at an election in accordance
with the general election law. In addition to the requirements of the general
election law, notice of the referendum shall include a description of such
proposed district and the name of the proposed district.

The proposition shall be in substantially the following form:

--------------------------------------------------------------
    Shall.... cemetery              YES
maintenance district        ---------------------------------
be incorporated?                    NO
--------------------------------------------------------------

The court shall cause a statement of
the results of such election to be filed in the records
of the court.
If a majority of the votes cast upon the question are
in favor of the incorporation of the proposed cemetery maintenance
district, such district shall thenceforth be an organized cemetery
maintenance district under this Act, and the court shall enter an order
accordingly and cause the same to be filed in the records of the
court and shall also cause to be sent to the county clerk a certified
copy of the order organizing such district.

(Source: P.A. 83-343.)

70 ILCS 105/1.1

(70 ILCS 105/1.1) (from Ch. 21, par. 64.24a1)

Sec. 1.1.

Short title.

This Act may be cited as the

Cemetery Maintenance District Act.

(Source: P.A. 86-1324.)

70 ILCS 105/2

(70 ILCS 105/2) (from Ch. 21, par. 64.24b)

Sec. 2.

All courts in this State shall take judicial notice of the
existence of all cemetery maintenance districts organized under this Act
and every such district shall constitute a body corporate and politic and
as such may sue or be sued.

(Source: Laws 1957, p. 665.)

70 ILCS 105/3

(70 ILCS 105/3) (from Ch. 21, par. 64.24c)

Sec. 3.

A board of trustees consisting of 3 members for the government and
control of the affairs and business of a cemetery maintenance district
incorporated under this act shall be determined in the following manner:

(1) If the district lies wholly within a single township, the board of
trustees of that township shall appoint the trustees for the district but
no township official is eligible for such appointment;

(2) If the district is not contained wholly within a single township,
but is located wholly within a single county, the trustees for the district
shall be appointed by the presiding officer of the county board with the
advice and consent of the county board;

(3) If the district lies wholly within a municipality, the governing
body of the municipality shall appoint trustees for the district;

(4) If the district does not conform to any of the foregoing
classifications, the members of the General Assembly whose legislative
districts encompass any portion of said cemetery maintenance district shall
appoint the trustees for the district.

Within 20 days after the creation of a cemetery maintenance district as
provided in Section 1 hereof, the appropriate appointing authority shall
appoint 3 trustees.

The trustees shall hold their offices for 1, 2 and 3 years from the
first Monday of May next after their appointment and until their successors
have been appointed and qualified and thereafter on or before the second
Monday in April of each year the appropriate appointing authority shall
appoint one trustee whose term shall be for 3 years commencing on the first
Monday in May next after they are respectively appointed. The length of
term of the first trustees shall be determined by lot at their first
meeting.

The appropriate appointing authority shall require each of the trustees
to enter into bond with security to be approved by the appointing authority
in such sum as the appointing authority may determine.

A majority of the board of trustees shall constitute a quorum.  The trustees
shall provide and adopt a corporate seal for the district.

(Source: P.A. 82-783.)

70 ILCS 105/4

(70 ILCS 105/4) (from Ch. 21, par. 64.24d)

Sec. 4.

Whenever a vacancy in the board of trustees occurs, either by death,
resignation, refusal to qualify or for any other reason, the appropriate
appointing authority, as defined in Section 3 of this Act shall fill such
vacancy by appointment for the unexpired term; and such person so appointed
shall qualify for office in the manner hereinbefore stated and shall
thereupon assume the duties of the office.

(Source: P.A. 77-684.)

70 ILCS 105/5

(70 ILCS 105/5) (from Ch. 21, par. 64.24e)

Sec. 5.

(a) The trustees shall exercise all of the powers and control all the
affairs of such district. The board of trustees, immediately after their
appointment and at their first meeting in May of each year thereafter,
shall elect one of their number as president and one of their number as
secretary. The board shall prescribe the duties and fix the compensation of
all of the officers and employees of the cemetery maintenance district; but
no member of the board of trustees shall receive a sum to exceed $50.00 per
annum. The board of trustees shall have full power to pass all necessary
ordinances, rules and regulations for the proper management and conduct of
the business of the cemetery maintenance district for carrying into effect
the objects for which the district was formed.

(b) The board of trustees may incur indebtedness on behalf of the
district not to exceed $50,000 in the aggregate for the purpose of
acquiring land for grave sites.  The indebtedness shall be evidenced by a
promissory note of the district requiring repayment in full no more than 20
years after the date the indebtedness is incurred.  The board of trustees
may give a mortgage on the land acquired to secure the indebtedness.

(c) The board of trustees may accept gifts on behalf of the district.
The gifts may be in any form, from any source, and for any legal purpose.

(Source: P.A. 86-144; 86-396.)

70 ILCS 105/6

(70 ILCS 105/6) (from Ch. 21, par. 64.24f)

Sec. 6.

All ordinances imposing any penalty or making any appropriations
shall be published at least once in a newspaper published in said district,
or if no newspaper of general circulation is published therein, by posting
copies of the same in 10 public places in the district; and no such
ordinance shall take effect until 10 days after it is so published or
posted, and all other ordinances and resolutions shall take effect from and
after their passage unless otherwise provided therein.

(Source: Laws 1957, p. 665.)

70 ILCS 105/7

(70 ILCS 105/7) (from Ch. 21, par. 64.24g)

Sec. 7.

All ordinances, orders, and resolutions and the date of publication
thereof, may be proven by the certificate of the secretary under the seal
of the district and when printed in book or pamphlet form and purporting to
be published by the board of trustees, such book or pamphlet shall be
received as evidence of the passage and legal publication of such
ordinances, orders and resolutions as of the dates mentioned in such book
or pamphlet, in all courts without further proof.

(Source: Laws 1957, p. 665.)

70 ILCS 105/8

(70 ILCS 105/8) (from Ch. 21, par. 64.24h)

Sec. 8.

A cemetery maintenance district may rehabilitate, recondition and
restore any neglected or abandoned publicly owned cemetery within the
district and may thereafter maintain any such cemetery in good condition.

(Source: Laws 1957, p. 665.)

70 ILCS 105/9

(70 ILCS 105/9) (from Ch. 21, par. 64.24i)

Sec. 9.

The board of trustees may receive, in trust, from the proprietors
or owners of any lot in any cemetery which it maintains or from any person
interested in the maintenance of such a cemetery, any gift or
legacy of money or property of a value of $50 or more which
may be donated
to such board for the maintenance of such lot or cemetery. The board has
the right to convert any property so received into money. The board may use
all such money, or the income thereof, as may be specified by the terms of
the donor in making the gift or legacy.

Every gift or legacy made for any of the purposes
mentioned in
this Section to a cemetery by its name and which the board is maintaining
under this Act shall vest in the board of trustees created under this Act
and take effect to all intents and purposes as if made to such board and
shall not fail merely because such cemetery is not being maintained or
managed by the person or body named in the gift or legacy.

(Source: P.A. 83-388.)

70 ILCS 105/10

(70 ILCS 105/10) (from Ch. 21, par. 64.24j)

Sec. 10.

The Board of trustees may levy taxes for corporate purposes upon all
taxable property within the territorial limits of such cemetery
maintenance district, the aggregate amount of which for each year shall
not exceed .06% of value of such property, as equalized or assessed by
the Department of Revenue.

(Source: P.A. 81-1509.)

70 ILCS 105/11

(70 ILCS 105/11) (from Ch. 21, par. 64.24k)

Sec. 11.

Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.

(Source: P.A. 84-731.)

70 ILCS 105/12

(70 ILCS 105/12)

Sec. 12.

Transfer of funds.

When a cemetery maintenance district takes
over a cemetery or cemetery authority, the care fund of the cemetery or
cemetery authority
shall be transferred into the cemetery maintenance district's care fund.

(Source: P.A. 91-181, eff. 1-1-00.)

70 ILCS 105/13

(70 ILCS 105/13)
Sec. 13. Cessation of district organization.

Notwithstanding any other provision of law, if a majority vote of the board of trustees is in favor of the proposition to annex the district to another district whose boundaries are contiguous, or consolidate the district into a municipality with which the district is coterminous or substantially coterminous, or consolidate the district into the county in which the district sits, and if the governing authorities of the governmental unit assuming the functions of the former district agree by resolution to accept the functions (and jurisdiction over the territory, if applicable) of the consolidated or annexed district, then the district shall cease. On the effective date of the annexation or consolidation, all the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the district shall vest in and be assumed by the governmental unit assuming the functions of the former district.

The employees of the former district shall be transferred to the governmental unit assuming the functions of the former district. The governmental unit assuming the functions of the former district shall exercise the rights and responsibilities of the former district with respect to those employees. The status and rights of the employees of the former district under any applicable contracts or collective bargaining agreements, historical representation rights under the Illinois Public Labor Relations Act, or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act.

(Source: P.A. 98-1002, eff. 8-18-14.)