Rep. Frank J. Mautino
Filed: 3/14/2011
 
 

 

 

 
09700HB0301ham001LRB097 06676 RLJ 52435 a



1
AMENDMENT TO HOUSE BILL 301




2    AMENDMENT NO. ______. Amend House Bill 301 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Human Skeletal Remains Protection Act is 
5amended  by adding Section 4.7 as follows:
 
6    (20 ILCS 3440/4.7 new)
7    Sec. 4.7. Cemetery removal; conflicts with the Illinois 
8Municipal Code. Nothing in this Act limits the authority of a 
9municipality to exercise its powers and perform its functions 
10in a lawful manner in accordance with Division 51 of Article 11 
11of the Illinois Municipal Code nor shall anything in this Act 
12be construed to require a municipality exercising its powers 
13and performing its functions in a lawful manner in accordance 
14with Division 51 of Article 11 of the Illinois Municipal Code 
15to obtain a permit under this Act.  If there is a conflict 
16between the provisions of this Act and Division 51 of Article 
 
 
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111 of the Illinois Municipal Code, the provisions of Division 
251 of Article 11 of the Illinois Municipal Code shall prevail. 
3The changes made by this amendatory Act of the 97th General 
4Assembly are declarative of existing law.
 
5    Section 10. The Illinois Municipal Code is amended  by 
6changing Section 11-51-1 as follows:
 



7    (65 ILCS 5/11-51-1)  (from Ch. 24, par. 11-51-1)



8    Sec. 11-51-1. Cemetery removal. Whenever any cemetery is 
9embraced within
the limits of any
city, village, or 
10incorporated town, the corporate authorities thereof,
if, in 
11their opinion, any good cause exists why such cemetery should 
12be
removed, may cause the remains of all persons interred 
13therein to be removed to
some other suitable place. However, 
14the corporate authorities shall first
obtain the assent of the 
15trustees or other persons having the control or
ownership of 
16such cemetery, or a majority thereof, except if the cemetery 
17has been abandoned. When such cemetery is owned
by one or more 
18private parties, or private corporation or chartered society,

19the corporate authorities of such city may require the removal 
20of such cemetery
to be done at the expense of such private 
21parties, or private corporation or
chartered society, if such 
22removal be based upon their application. Nothing
in
this 
23Section limits the powers of the City of Chicago to acquire 
24property or
otherwise exercise its powers
under
Section 15 of 
 
 
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1the O'Hare Modernization Act. If there is a conflict between 
2the provisions of this Section and the Human Skeletal Remains 
3Protection Act, the provisions of this Section shall prevail. 
4The changes made by this amendatory Act of the 97th General 
5Assembly are declarative of existing law. 

6(Source: P.A. 93-450, eff. 8-6-03.)

 

7    Section 99. Effective date. This Act takes effect upon 
8becoming law.".