HB5512 96TH GENERAL ASSEMBLY

LRB096 18558 ASK 33940 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5512

Introduced 2/9/2010, by Rep. Arthur L. Turner

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 relating to the powers and duties of cemetery authorities.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Cemetery Care Act is amended by changing Section 2a as follows:

(760 ILCS 100/2a) (from Ch. 21, par. 64.2a)

Sec. 2a. Powers and duties of cemetery authorities; cemetery property maintained by cemetery care funds.

(a) With respect to cemetery property maintained by cemetery care funds, a cemetery authority shall be responsible for the the performance of:

(1) the care and maintenance of the cemetery property it owns; and

(2) the opening and closing of all graves, crypts, or niches for human remains in any cemetery property it owns.

(b) A cemetery authority owning, operating, controlling or managing a privately operated cemetery shall make available for inspection, and upon reasonable request provide a copy of, its rules and regulations and its current prices of interment, inurnment, or entombment rights.

(c) A cemetery authority owning, operating, controlling or managing a privately operated cemetery may, from time to time as land in its cemetery may be required for burial purposes, survey and subdivide those lands and make and file in its office a map thereof delineating the lots or plots, avenues, paths, alleys, and walks and their respective designations. The cemetery authority shall open the map to public inspection. The cemetery authority may make available a copy of the overall map upon written request and payment of reasonable photocopy fees. Any unsold lots, plots or parts thereof, in which there are not human remains, may be resurveyed and altered in shape or size, and properly designated on such map. Nothing contained in this subsection, however, shall prevent the cemetery authority from enlarging an interment right by selling to the owner thereof the excess space next to such interment right and permitting interments therein, provided reasonable access to such interment right and to adjoining interment rights is not thereby eliminated. The Comptroller may waive any or all of the requirements of this subsection (c) for good cause shown.

(d) A cemetery authority owning, operating, controlling, or managing a privately operated cemetery shall keep a record of every interment, entombment, and inurnment in the cemetery. The record shall include the deceased's name, age, and date of burial, when these particulars can be conveniently obtained, and the lot, plot, or section where the human remains are interred, entombed, or inurned. The record shall be open to public inspection consistent with State and federal law. The cemetery authority shall make available, consistent with State and federal law, a true copy of the record upon written request and payment of reasonable copy costs.

(e) A cemetery authority owning, operating, controlling, or managing a privately operated cemetery shall provide access to the cemetery under the cemetery authority's reasonable rules and regulations.

(Source: P.A. 92-419, eff. 1-1-02.)