94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1310


 
Introduced 2/9/2005, by Rep. Brandon W. Phelps
 
SYNOPSIS AS INTRODUCED:
 		














50 ILCS 610/1
  from Ch. 21, par. 13







    Amends the Public Graveyards Act.  Provides that, if a township board has vested control of a public graveyard in 3 trustees, the township board may, by resolution, divest the trustees of control and assume control of the public graveyard.  Effective immediately.
















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A BILL FOR









 











HB1310

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    AN ACT concerning local government.

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


 
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    Section 5. The Public Graveyards Act is amended  by changing 
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Section 1 as follows:
 



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    (50 ILCS 610/1)  (from Ch. 21, par. 13)



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    Sec. 1. (a) Public graveyards in this State, not under the 
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control
of any corporation sole, organization or society, and 
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located within the
limits of townships or counties not under 
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township organization, shall
and may be controlled or vacated 
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by the corporate authorities of such
township or county in such 
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manner as such authorities may deem proper,
and in the case of 
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townships, such control may be vested in 3 trustees. If a 
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township board has vested control of a public graveyard in 3 
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trustees in accordance with this Section, it may, by 
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resolution, divest the trustees of control of the public 
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graveyard and assume control of the public graveyard.


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    (b) Vacancies created by the expiration occurring at any 
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time after
the effective date of the amendatory Act of the 
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Seventy-eighth
General Assembly and after this amendatory Act 
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of the 83rd General Assembly
of the terms of cemetery trustees 
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of a township (except a
township coterminous with a 
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municipality) or of a county not under
township organization 
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elected under this Act shall be filled only by
appointment. 
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Such appointment shall be made by the county board of any

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county not under township organization or by the Township Board 
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of
Trustees in counties under township organization, as the 
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case may be,
for a term of 6 years. Until the effective date of 
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this amendatory Act
of 1983, in a township coterminous with a 
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municipality, cemetery trustees
shall continue to be elected by 
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ballot, with one trustee elected in each odd-numbered
year, in 
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accordance with the provisions of the general election law,
for 
 


 






HB1310
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a term of 6 years and until their respective successors are 
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elected
and qualified.  After the effective date of this 
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amendatory Act of 1983,
in a township coterminous with a 
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municipality, cemetery trustees shall be
appointed by the 
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governing authority of the municipality with one trustee

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appointed in each odd-numbered year for a term of 6 years and 
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until his
or her respective successors are appointed and 
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qualified.

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    Such trustees may be paid such compensation, not to exceed 
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$500 per
year, as may be fixed by the Township Board of 
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Trustees.

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    (c) Not more than one of the trustees shall be from any one 
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city or
village or incorporated town or section of land within 
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such township
unless such city, village, incorporated town or 
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section of land shall
have more than 50% of the population of 
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the township according to the
last preceding Federal census in 
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which are included 2 or more cities,
villages, incorporated 
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towns or sections of land.

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(Source: P.A. 83-712.)

 

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