State of Illinois
92nd General Assembly
Legislation

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92_HB4393

 
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 1        AN ACT concerning cemeteries.

 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  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  is  shall  be
11    responsible for the performance of:
12             (1)  the  care  and  maintenance  of  the   cemetery
13        property it owns; and
14             (2)  the  opening and closing of all graves, crypts,
15        or niches for human remains in any cemetery  property  it
16        owns.
17        (b)  A  cemetery authority owning, operating, controlling
18    or  managing  a  privately  operated  cemetery   shall   make
19    available for inspection, and upon reasonable request provide
20    a  copy  of, its rules and regulations and its current prices
21    of interment, inurnment, or entombment rights.
22        (c)  A cemetery authority owning, operating,  controlling
23    or  managing  a privately operated cemetery may, from time to
24    time as land in its  cemetery  may  be  required  for  burial
25    purposes,  survey and subdivide those lands and make and file
26    in its office a map thereof delineating the  lots  or  plots,
27    avenues,  paths,  alleys,  and  walks  and  their  respective
28    designations.   The  cemetery authority shall open the map to
29    public inspection. The cemetery authority may make  available
30    a copy of the overall map upon written request and payment of
31    reasonable  photocopy  fees.  Any unsold lots, plots or parts
 
                            -2-                LRB9214268JMmb
 1    thereof, in  which  there  are  not  human  remains,  may  be
 2    resurveyed  and  altered  in  shape  or  size,  and  properly
 3    designated   on   such   map.    Nothing  contained  in  this
 4    subsection, however, shall  prevent  the  cemetery  authority
 5    from  enlarging  an  interment  right by selling to the owner
 6    thereof the excess space next to  such  interment  right  and
 7    permitting  interments therein, provided reasonable access to
 8    such interment right and to adjoining interment rights is not
 9    thereby eliminated. The Comptroller may waive any or  all  of
10    the requirements of this subsection (c) for good cause shown.
11        (d)  A cemetery authority owning, operating, controlling,
12    or managing a privately operated cemetery shall keep a record
13    of   every   interment,  entombment,  and  inurnment  in  the
14    cemetery.  The record shall include the deceased's name, age,
15    and  date  of  burial,  when   these   particulars   can   be
16    conveniently  obtained,  and  the lot, plot, or section where
17    the human remains are interred,  entombed,  or  inurned.  The
18    record  shall  be  open  to public inspection consistent with
19    State and federal law.  The  cemetery  authority  shall  make
20    available, consistent with State and federal law, a true copy
21    of  the record upon written request and payment of reasonable
22    copy costs.
23        (e)  A cemetery authority owning, operating, controlling,
24    or managing  a  privately  operated  cemetery  shall  provide
25    access   to  the  cemetery  under  the  cemetery  authority's
26    reasonable rules and regulations.
27    (Source: P.A. 92-419, eff. 1-1-02.)

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