HB5084 104TH GENERAL ASSEMBLY

LRB104 19309 SPS 32755 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5084

Introduced 2/10/2026, by Rep. Natalie A. Manley

SYNOPSIS AS INTRODUCED:

70 ILCS 105/1	from Ch. 21, par. 64.24a
805 ILCS 320/25 new
805 ILCS 320/30 new

Amends the Cemetery Maintenance District Act. Provides that, on January 1, 2027, all cemetery associations in the State shall be incorporated as cemetery maintenance districts subject to the Act. Provides that the initial territory incorporated in a district shall be the land the cemetery association operated as a cemetery on the effective date of the amendatory Act. Amends the Cemetery Association Act to make conforming changes. Repeals the Cemetery Association Act on January 1, 2028. Effective immediately.

A BILL FOR

AN ACT concerning business.

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

Section 5. The Cemetery Maintenance District Act is amended by changing Section 1 as follows:

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

Sec. 1. (a) 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.

(b) On January 1, 2027, all cemetery associations in this State shall be incorporated as cemetery maintenance districts subject to this Act. The initial territory incorporated in a district created under this subsection shall be the land the cemetery association operated as a cemetery on the effective date of this amendatory Act of the 104th General Assembly.

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

Section 10. The Cemetery Association Act is amended by adding Sections 25 and 30 as follows:

(805 ILCS 320/25 new)

Sec. 25. Transition to cemetery maintenance districts. As provided in subsection (b) of Section 1 of the Cemetery Maintenance District Act, all cemetery associations in this State shall cease operating as cemetery associations on January 1, 2027.

(805 ILCS 320/30 new)

Sec. 30. Repeal. This Act is repealed on January 1, 2028.

Section 99. Effective date. This Act takes effect upon becoming law.