Full Text of HB3204 98th General Assembly
HB3204 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3204 Introduced , by Rep. Keith P. Sommer SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/11-49-1 | from Ch. 24, par. 11-49-1 |
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Amends the Illinois Municipal Code. Makes a technical change in a Section regarding cemeteries.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 11-49-1 as follows:
| 6 | | (65 ILCS 5/11-49-1) (from Ch. 24, par. 11-49-1)
| 7 | | Sec. 11-49-1. Cemeteries; permitted activities.
| 8 | | (a) The corporate authorities of each each municipality may | 9 | | establish
and regulate cemeteries within or without the | 10 | | municipal limits; may acquire
lands therefor, by purchase or | 11 | | otherwise; may cause cemeteries to be
removed; and may prohibit | 12 | | their establishment within one mile of the
municipal limits.
| 13 | | (b) The corporate authorities also may enter into contracts | 14 | | to purchase
existing cemeteries, or lands for cemetery | 15 | | purposes, on deferred
installments to be paid solely from the | 16 | | proceeds of sale of cemetery lots.
Every such contract shall | 17 | | empower the purchasing municipality, in its own
name, to | 18 | | execute and deliver deeds to purchasers of cemetery lots for
| 19 | | burial purposes.
| 20 | | (c) The corporate authorities of each municipality
that
has | 21 | | within its territory an abandoned cemetery may enter
the | 22 | | cemetery grounds and cause the grounds to be cleared
and made | 23 | | orderly. Provided, in no event shall the corporate
authorities |
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| 1 | | of a municipality enter an abandoned cemetery
under this | 2 | | subsection if the owner of the property or the
legally | 3 | | responsible cemetery authority provides written
notification | 4 | | to the corporate authorities, prior to the
corporate | 5 | | authorities' entry (1) demonstrating the
ownership or | 6 | | authority to control or manage the cemetery
and (2) declining | 7 | | the corporate authority authorization to enter the property.
In
| 8 | | making a cemetery orderly under this Section, the corporate
| 9 | | authorities of a municipality may take necessary measures
to | 10 | | correct dangerous conditions that exist in regard to
markers, | 11 | | memorials, or other cemetery artifacts but may not
permanently | 12 | | remove those items from their location on the
cemetery grounds.
| 13 | | If an abandoned cemetery is dedicated as an Illinois nature
| 14 | | preserve under the Illinois Natural Areas Preservation Act,
any | 15 | | actions to cause the grounds to be cleared and kept
orderly | 16 | | shall be consistent with the rules and master plan
governing | 17 | | the dedicated nature preserve.
| 18 | | (d) In this Section:
| 19 | | "Abandoned cemetery" means an area of land containing
more | 20 | | than 6 places of interment for which, after diligent
search, no | 21 | | owner of the land or currently functioning
cemetery authority | 22 | | objects to entry sought pursuant to this Section, and (1)
at | 23 | | which no
interments have taken place in at least 3 years; or | 24 | | (2)
for which there has been inadequate maintenance for at | 25 | | least 6 months.
| 26 | | "Diligent search" includes, but is not limited to,
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| 1 | | publication of a notice in a newspaper of local
circulation not | 2 | | more than 45 but at least 30 days prior to
entry and cleanup of | 3 | | cemetery grounds by the corporate
authorities of a | 4 | | municipality. The notice shall provide (1)
notice of the | 5 | | corporate authorities' intended entry and
cleanup of the | 6 | | cemetery; (2) the name, if known, and
geographic location of | 7 | | the cemetery; (3) the right of the
cemetery authority or owner | 8 | | of the property to deny entry
to the corporate authorities upon | 9 | | written notice to
those authorities; and (4) the date or dates | 10 | | of the
intended cleanup.
| 11 | | "Inadequate maintenance" includes, but is not limited
to, | 12 | | the failure to cut the lawn throughout a cemetery to
prevent an | 13 | | overgrowth of grass and weeds; the failure to
trim shrubs to | 14 | | prevent excessive overgrowth; the failure to
trim trees so as | 15 | | to remove dead limbs; the failure to keep
in repair the drains, | 16 | | water lines, roads, buildings,
fences, and other structures of | 17 | | the cemetery premises; or
the failure to keep the cemetery | 18 | | premises free of trash and
debris.
| 19 | | (Source: P.A. 92-419, eff. 1-1-02.)
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