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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5512
Introduced 2/9/2010, by Rep. Arthur L. Turner SYNOPSIS AS INTRODUCED: |
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760 ILCS 100/2a |
from Ch. 21, par. 64.2a |
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Amends the Cemetery Care Act. Makes a technical change in a Section
relating
to the powers and duties of cemetery authorities.
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A BILL FOR
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HB5512 |
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LRB096 18558 ASK 33940 b |
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| AN ACT concerning civil law.
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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 Cemetery Care Act is amended by changing |
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| Section 2a as follows:
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| (760 ILCS 100/2a) (from Ch. 21, par. 64.2a)
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| Sec. 2a.
Powers
and duties of cemetery authorities; |
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| cemetery property
maintained by cemetery care funds. |
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| (a) With respect to cemetery property
maintained by |
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| cemetery care funds, a cemetery authority shall be
responsible |
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| for the the performance of:
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| (1) the care and maintenance of the cemetery property |
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| it owns;
and
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| (2) the opening and closing of all graves, crypts, or |
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| niches
for human remains in any cemetery property it owns.
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| (b) A cemetery authority owning, operating, controlling
or |
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| managing a privately operated cemetery shall
make available for |
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| inspection, and upon
reasonable request provide a copy of,
its |
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| rules and regulations and its current prices of
interment, |
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| inurnment, or entombment rights.
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| (c) A cemetery authority owning, operating, controlling
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| managing a privately operated cemetery may, from time
to time |
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| as land in its cemetery may be required for burial
purposes, |
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HB5512 |
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LRB096 18558 ASK 33940 b |
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| survey and subdivide those lands and make and
file in its |
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| office a map thereof delineating the lots or
plots, avenues, |
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| paths, alleys, and walks and their
respective designations. The |
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| cemetery authority
shall open the map
to public
inspection. The |
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| cemetery authority may make available a
copy of the overall map |
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| upon written request and payment of
reasonable photocopy fees. |
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| Any unsold lots, plots or parts
thereof, in which there are not |
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| human remains, may be
resurveyed and altered in shape or size, |
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| and properly
designated on such map. Nothing contained in this
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| subsection, however, shall prevent the cemetery authority
from |
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| enlarging an interment right by selling to the owner thereof |
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| the
excess space next to such interment right and permitting |
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| interments
therein, provided reasonable access to such |
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| interment right and to
adjoining interment rights is not |
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| thereby eliminated.
The Comptroller may waive any or all of the |
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| requirements of this subsection (c)
for good cause shown.
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| (d) A cemetery authority owning, operating, controlling,
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| or managing a privately operated cemetery shall keep a
record |
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| of every interment, entombment, and inurnment in the
cemetery. |
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| The record shall include the deceased's name,
age, and date of |
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| burial, when these particulars can be
conveniently obtained, |
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| and the lot, plot, or section where
the human remains are |
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| interred, entombed, or inurned.
The record shall be open to |
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| public inspection consistent with State and federal
law. The |
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| cemetery
authority shall make available, consistent with State |
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| and federal law, a true
copy of the record
upon written request |