98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3396

 

Introduced 2/14/2014, by Sen. Heather A. Steans

 

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.


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A BILL FOR

 

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1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cemetery Care Act is amended by changing
5Section 2a as follows:
 
6    (760 ILCS 100/2a)  (from Ch. 21, par. 64.2a)
7    Sec. 2a. Powers and and duties of cemetery authorities;
8cemetery property maintained by cemetery care funds.
9    (a) With respect to cemetery property maintained by
10cemetery care funds, a cemetery authority shall be responsible
11for 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
17managing a privately operated cemetery shall make available for
18inspection, and upon reasonable request provide a copy of, its
19rules and regulations and its current prices of interment,
20inurnment, or entombment rights.
21    (c) A cemetery authority owning, operating, controlling or
22managing a privately operated cemetery may, from time to time
23as land in its cemetery may be required for burial purposes,

 

 

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

 

 

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