SB3009enr 100TH GENERAL ASSEMBLY

SB3009 Enrolled LRB100 17370 JLS 32535 b

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Cemetery Association Act is amended by changing Section 4 as follows:

(805 ILCS 320/4) (from Ch. 21, par. 38)

Sec. 4. That said persons so receiving said certificate of organization of said association shall proceed to elect from their own number a board of trustees for said association, which said board shall consist of not less than six (6) nor more than ten (10) members, as said persons so receiving said certificate may determine; that said trustees when elected shall immediately organize by electing from their own membership a president, vice president and treasurer, and shall also elect a secretary, who may or may not be a member of said board of trustees, in their discretion, which said officers shall hold their respective offices for and during the period of one (1) year, and until their successors are duly elected and qualified. Said trustees when so elected shall divide themselves by lot into two classes, the first of which shall hold their offices for and during the period of three (3) years, and the second of which shall hold their offices for and during the period of six (6) years, and that thereafter the term of office of said trustees shall be six (6) years, and that upon the expiration of the term of office of any of said trustees, or in case of the resignation or death or removal from the State of Illinois of any of said trustees, or their removal from office as provided in this Act act, the remaining trustees, or a majority of them, shall notify the presiding officer of the County Board in which said cemetery is situated, of such vacancy or vacancies in writing, except that in the counties of DuPage, Kane, Kendall, Lake, McHenry, and Will the notice shall be provided to the township supervisor of the township in which the cemetery is located. Upon receiving notice of a vacancy, the and thereupon said presiding officer of the county board or, in cases in which the township supervisor is the appointing authority, the township supervisor with the advice and consent of the township board shall appoint some suitable person or persons to fill such vacancy or vacancies; and that thereafter the presiding officer of the county board in which said cemetery association is located or, in cases in which the township supervisor is the appointing authority, the township supervisor of the township in which the cemetery association is located shall always appoint some suitable person or persons interested in said cemetery association through family interments or who are citizens of the State of Illinois. If a township in which the township supervisor has the appointment authority under this Section is dissolved, the appointment authority shall vest in the presiding officer of the county board and the cemetery association shall provide notice of vacancies to the presiding officer to the county board of the county in which the cemetery association is located. A township does not assume any financial responsibility with respect to a cemetery association because of the appointment authority granted by this Section.

(Source: P.A. 97-679, eff. 2-6-12.)