HB0301ham001 97TH GENERAL ASSEMBLY

Rep. Frank J. Mautino

Filed: 3/14/2011

09700HB0301ham001 LRB097 06676 RLJ 52435 a

AMENDMENT TO HOUSE BILL 301

AMENDMENT NO. ______. Amend House Bill 301 by replacing everything after the enacting clause with the following:

"Section 5. The Human Skeletal Remains Protection Act is amended by adding Section 4.7 as follows:

(20 ILCS 3440/4.7 new)

Sec. 4.7. Cemetery removal; conflicts with the Illinois Municipal Code. Nothing in this Act limits the authority of a municipality to exercise its powers and perform its functions in a lawful manner in accordance with Division 51 of Article 11 of the Illinois Municipal Code nor shall anything in this Act be construed to require a municipality exercising its powers and performing its functions in a lawful manner in accordance with Division 51 of Article 11 of the Illinois Municipal Code to obtain a permit under this Act. If there is a conflict between the provisions of this Act and Division 51 of Article 11 of the Illinois Municipal Code, the provisions of Division 51 of Article 11 of the Illinois Municipal Code shall prevail. The changes made by this amendatory Act of the 97th General Assembly are declarative of existing law.

Section 10. The Illinois Municipal Code is amended by changing Section 11-51-1 as follows:

(65 ILCS 5/11-51-1) (from Ch. 24, par. 11-51-1)

Sec. 11-51-1. Cemetery removal. Whenever any cemetery is embraced within the limits of any city, village, or incorporated town, the corporate authorities thereof, if, in their opinion, any good cause exists why such cemetery should be removed, may cause the remains of all persons interred therein to be removed to some other suitable place. However, the corporate authorities shall first obtain the assent of the trustees or other persons having the control or ownership of such cemetery, or a majority thereof, except if the cemetery has been abandoned. When such cemetery is owned by one or more private parties, or private corporation or chartered society, the corporate authorities of such city may require the removal of such cemetery to be done at the expense of such private parties, or private corporation or chartered society, if such removal be based upon their application. Nothing in this Section limits the powers of the City of Chicago to acquire property or otherwise exercise its powers under Section 15 of the O'Hare Modernization Act. If there is a conflict between the provisions of this Section and the Human Skeletal Remains Protection Act, the provisions of this Section shall prevail. The changes made by this amendatory Act of the 97th General Assembly are declarative of existing law.

(Source: P.A. 93-450, eff. 8-6-03.)

Section 99. Effective date. This Act takes effect upon becoming law.".