Full Text of HB4810 94th General Assembly
HB4810 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4810
Introduced 01/18/06, by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
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Amends the Cemetery Care Act. Provides that neither a public nor private cemetery may prohibit the use of flag holders and grave markers for veterans unless it (i) has a written policy prohibiting this use, (ii) notifies a prospective purchaser of burial services or of a grave, niche, or mausoleum crypt of the policy, and (iii) posts the policy prominently at all entrances and exits to the cemetery. Provides that any veteran's flag holder or grave marker displayed on a veteran's grave, niche, or crypt on the effective date of this Act shall be permitted to continue to be used or displayed notwithstanding any policy adopted after the effective date. Effective immediately.
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A BILL FOR
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HB4810 |
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LRB094 17542 AJO 52838 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 adding | 5 |
| Section 2b as follows: | 6 |
| (760 ILCS 100/2b new) | 7 |
| Sec. 2b. Duties of cemetery authorities; graves of | 8 |
| veterans. A cemetery authority owning, operating, controlling, | 9 |
| or managing a privately or publicly operated cemetery: | 10 |
| (a) shall permit the use or display of grave markers or | 11 |
| flag holders of official United States military veterans' | 12 |
| organizations on the grave, niche, or mausoleum crypt of a | 13 |
| United States military veteran whose service or honorable | 14 |
| discharge entitled his or her grave, niche, or crypt to display | 15 |
| a veteran's grave marker or flag holder. | 16 |
| (b) may not prohibit the use or display of an official | 17 |
| United States military veterans' organization grave marker or | 18 |
| flag hold on the grave, niche, or mausoleum crypt of a United | 19 |
| States military veteran whose service or honorable discharge | 20 |
| entitled his or her grave, niche, or crypt to display a | 21 |
| veteran's grave marker or flag holder unless:
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| (1) the authority has a written policy that prohibits | 23 |
| the use or display of official grave markers or flag | 24 |
| holders of official United States military veterans' | 25 |
| organizations on the grave, niche, or mausoleum crypt of a | 26 |
| United States military veteran located on the cemetery | 27 |
| property;
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| (2) the authority provides written notification of the | 29 |
| cemetery authority's policy that prohibits the use or | 30 |
| display of official grave markers or flag holders of | 31 |
| official United States military veterans' organizations on | 32 |
| the grave, niche, or mausoleum crypt of a United States |
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HB4810 |
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LRB094 17542 AJO 52838 b |
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| military veteran to any one who is a prospective purchaser | 2 |
| of a grave, niche, mausoleum, crypt, or burial services on | 3 |
| the cemetery property by a notice in any agreement for | 4 |
| burial services or for the purchase of a grave, niche, or | 5 |
| mausoleum crypt that is conspicuous and in bold print that | 6 |
| is a larger typeface than the rest of the typeface used in | 7 |
| the agreement; and
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| (3) the authority provides written notification to the | 9 |
| public and cemetery visitors of the cemetery authority's | 10 |
| policy that prohibits the use or display of official grave | 11 |
| markers or flag holders of official United States military | 12 |
| veterans' organizations on any grave, niche, mausoleum, or | 13 |
| crypt of a United States military veteran by signs that are | 14 |
| legible from a distance of 75 feet and that are posted | 15 |
| prominently at all entrances and exits to the cemetery.
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| (c) Shall allow any grave, niche, or mausoleum crypt that | 17 |
| displays an official grave marker or flag holder of an official | 18 |
| United State military veterans' organization on the date of | 19 |
| this amendatory Act of the 94th General Assembly, to continue | 20 |
| to be used or displayed notwithstanding any policy of the | 21 |
| cemetery authority adopted after the effective date of this | 22 |
| amendatory Act of the 94th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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