Full Text of HB5483 99th General Assembly
HB5483 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5483 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 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
concerning
powers and duties of cemetery authorities.
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| | A BILL FOR |
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| | | HB5483 | | LRB099 17603 HEP 41961 b |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cemetery Care Act is amended by changing | 5 | | Section 2a as follows:
| 6 | | (760 ILCS 100/2a) (from Ch. 21, par. 64.2a)
| 7 | | Sec. 2a.
Powers and
and duties of cemetery authorities; | 8 | | cemetery property
maintained by cemetery care funds. | 9 | | (a) With respect to cemetery property
maintained by | 10 | | cemetery care funds, a cemetery authority shall be
responsible | 11 | | for the performance of:
| 12 | | (1) the care and maintenance of the cemetery property | 13 | | it owns;
and
| 14 | | (2) the opening and closing of all graves, crypts, or | 15 | | niches
for human remains in any cemetery property it owns.
| 16 | | (b) A cemetery authority owning, operating, controlling
or | 17 | | managing a privately operated cemetery shall
make available for | 18 | | inspection, and upon
reasonable request provide a copy of,
its | 19 | | rules and regulations and its current prices of
interment, | 20 | | inurnment, or entombment rights.
| 21 | | (c) A cemetery authority owning, operating, controlling
or | 22 | | managing a privately operated cemetery may, from time
to time | 23 | | as land in its cemetery may be required for burial
purposes, |
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| 1 | | survey and subdivide those lands and make and
file in its | 2 | | office a map thereof delineating the lots or
plots, avenues, | 3 | | paths, alleys, and walks and their
respective designations. The | 4 | | cemetery authority
shall open the map
to public
inspection. The | 5 | | cemetery authority may make available a
copy of the overall map | 6 | | upon written request and payment of
reasonable photocopy fees. | 7 | | Any unsold lots, plots or parts
thereof, in which there are not | 8 | | human remains, may be
resurveyed and altered in shape or size, | 9 | | and properly
designated on such map. Nothing contained in this
| 10 | | subsection, however, shall prevent the cemetery authority
from | 11 | | enlarging an interment right by selling to the owner thereof | 12 | | the
excess space next to such interment right and permitting | 13 | | interments
therein, provided reasonable access to such | 14 | | interment right and to
adjoining interment rights is not | 15 | | thereby eliminated.
The Comptroller may waive any or all of the | 16 | | requirements of this subsection (c)
for good cause shown.
| 17 | | (d) A cemetery authority owning, operating, controlling,
| 18 | | or managing a privately operated cemetery shall keep a
record | 19 | | of every interment, entombment, and inurnment in the
cemetery. | 20 | | The record shall include the deceased's name,
age, and date of | 21 | | burial, when these particulars can be
conveniently obtained, | 22 | | and the lot, plot, or section where
the human remains are | 23 | | interred, entombed, or inurned.
The record shall be open to | 24 | | public inspection consistent with State and federal
law. The | 25 | | cemetery
authority shall make available, consistent with State | 26 | | and federal law, a true
copy of the record
upon written request |
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| 1 | | and payment of reasonable copy costs.
| 2 | | (e) A cemetery authority owning, operating, controlling,
| 3 | | or managing a privately operated cemetery shall provide
access | 4 | | to the cemetery under the cemetery authority's reasonable rules | 5 | | and
regulations.
| 6 | | (Source: P.A. 92-419, eff. 1-1-02 .)
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