Executive Committee

Filed: 1/11/2010

 

 


 

 


 
09600SB1402ham001 LRB096 08920 ASK 32123 a

1
AMENDMENT TO SENATE BILL 1402

2     AMENDMENT NO. ______. Amend Senate Bill 1402 by replacing
3 everything after the enacting clause with the following:
 
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

 

 

09600SB1402ham001 - 2 - LRB096 08920 ASK 32123 a

1 managing a privately operated cemetery shall make available for
2 inspection, and upon reasonable request provide a copy of, its
3 rules and regulations and its current prices of interment,
4 inurnment, or entombment rights.
5     (c) A cemetery authority owning, operating, controlling or
6 managing a privately operated cemetery may, from time to time
7 as land in its cemetery may be required for burial purposes,
8 survey and subdivide those lands and make and file in its
9 office a map thereof delineating the lots or plots, avenues,
10 paths, alleys, and walks and their respective designations. The
11 cemetery authority shall open the map to public inspection. The
12 cemetery authority may make available a copy of the overall map
13 upon written request and payment of reasonable photocopy fees.
14 Any unsold lots, plots or parts thereof, in which there are not
15 human remains, may be resurveyed and altered in shape or size,
16 and properly designated on such map. Nothing contained in this
17 subsection, however, shall prevent the cemetery authority from
18 enlarging an interment right by selling to the owner thereof
19 the excess space next to such interment right and permitting
20 interments therein, provided reasonable access to such
21 interment right and to adjoining interment rights is not
22 thereby eliminated. The Comptroller may waive any or all of the
23 requirements of this subsection (c) for good cause shown.
24     (d) A cemetery authority owning, operating, controlling,
25 or managing a privately operated cemetery shall keep a record
26 of every interment, entombment, and inurnment in the cemetery.

 

 

09600SB1402ham001 - 3 - LRB096 08920 ASK 32123 a

1 The record shall include the deceased's name, age, and date of
2 burial, when these particulars can be conveniently obtained,
3 and the lot, plot, or section where the human remains are
4 interred, entombed, or inurned. The record shall be open to
5 public inspection consistent with State and federal law. The
6 cemetery authority shall make available, consistent with State
7 and federal law, a true copy of the record upon written request
8 and payment of reasonable copy costs.
9     (e) A cemetery authority owning, operating, controlling,
10 or managing a privately operated cemetery shall provide access
11 to the cemetery under the cemetery authority's reasonable rules
12 and regulations.
13 (Source: P.A. 92-419, eff. 1-1-02.)".