(805 ILCS 110/46j) (from Ch. 32, par. 185)
Sec. 46j. Any church, congregation, society or corporation, heretofore or
hereafter formed for religious purposes or for the purpose of religious
worship under any of the provisions of this Act or under any law of this
State incorporating or for the incorporation of religious corporations or
societies, may receive land by gift, legacy or purchase and make, erect,
and build thereon such houses, buildings, or other improvements as may be
necessary for the convenience, comfort and welfare of such church,
congregation, society or corporation, and may lay out and maintain thereon
a cemetery or cemeteries, or a burying ground or grounds and may maintain
and build thereon schools, orphan asylums, or such other improvements or
buildings as may be necessary for the educational, eleemosynary, cemetery
and religious purposes of such congregation, church, society or
corporation; but no such property shall be used except in the
manner expressed in the gift, grant or legacy. However, this
limitation on
the disposition of real property does not apply to the extent that a
restriction imposed by a donor on the use of an institutional fund may be
released by the governing board of an institution under the Uniform Prudent Management of Institutional Funds Act. Or
if no use or trust is so expressed, no such property shall be
used except for the benefit of the congregation, corporation, church or
society, for which it was intended, or for such religious, educational or
eleemosynary purpose as may be approved by such congregation, church,
society or corporation or the ecclesiastical body having jurisdiction or
patronage of or charge over such congregation, corporation, church or
society.
Any corporation, heretofore or hereafter formed for religious purposes
under any of the provisions of this Act or under any other law of this
State incorporating or for the incorporation of religious corporations or
societies, which now or hereafter owns, operates, maintains or controls a
cemetery or cemeteries, or a burial ground or grounds, is hereby authorized
and empowered to accept by gift, grant, contribution, payment, or
legacy, or pursuant to contract, any sum of money, funds, securities or
property of any kind, or the income or avails thereof, and to hold the same
in trust in perpetuity for the care of such cemetery or cemeteries, burial
ground or grounds, or for the care of any lot, grave or crypt therein; or
for the special care of any lot, grave or crypt or of any family mausoleum
or memorial, marker, or monument in such cemetery or cemeteries, burial
ground or grounds. No gift, grant, legacy, payment or other
contribution shall be invalid by reason of any indefiniteness or
uncertainty as to the beneficiary designated in the instrument creating the
gift, grant, legacy, payment or other contribution. If any gift,
grant, legacy, payment or other contribution consists of
non-income producing property, such corporation is authorized and empowered
to sell such property and to invest the funds obtained in accordance with
the provisions of the Uniform Prudent Management of Institutional Funds Act,
or the provisions of the next
succeeding paragraph.
The trust funds authorized by this Section shall be held intact and,
unless otherwise restricted by the terms of the gift, grant, legacy, contribution,
payment, contract or other payment shall be
invested, from time to time reinvested, and kept invested by such
corporation in such investments as are authorized by the Uniform Prudent
Management of Institutional Funds Act and according to such standards as
are prescribed for trustees under that Act and the Illinois Trust Code, and the net income only from
such investments shall be allocated and used for the purposes set forth in
the paragraph immediately preceding; but the trust
funds authorized by this Section may be commingled and may also be
commingled with any other trust funds received by such corporation for the
care of the cemetery or cemeteries, or burial ground or grounds, or for the
care or special care of any lot, grave, crypt, private mausoleum, memorial,
marker, or monument whether received by gift, grant, legacy,
contribution, payment, contract or other conveyance heretofore or hereafter
made to such corporation.
The trust funds authorized by this Section, and the income therefrom,
shall be exempt from taxation and exempt from the operation of the laws
against perpetuities and accumulations.
(Source: P.A. 101-48, eff. 1-1-20 .)
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