50 ILCS 610/ Public Graveyards Act.

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50 ILCS 610/0.01

(50 ILCS 610/0.01) (from Ch. 21, par. 12.9)

Sec. 0.01.

Short title.

This Act may be cited as the

Public Graveyards Act.

(Source: P.A. 86-1324.)

50 ILCS 610/1

(50 ILCS 610/1) (from Ch. 21, par. 13)

Sec. 1.

(a) Public graveyards in this State, not under the control
of any corporation sole, organization or society, and located within the
limits of townships or counties not under township organization, shall
and may be controlled or vacated by the corporate authorities of such
township or county in such manner as such authorities may deem proper,
and in the case of townships, such control may be vested in 3 trustees. If a township board has vested control of a public graveyard in 3 trustees in accordance with this Section, it may, by resolution, divest the trustees of control of the public graveyard and assume control of the public graveyard.

(b) Vacancies created by the expiration occurring at any time after
the effective date of the amendatory Act of the Seventy-eighth
General Assembly and after this amendatory Act of the 83rd General Assembly
of the terms of cemetery trustees of a township (except a
township coterminous with a municipality) or of a county not under
township organization elected under this Act shall be filled only by
appointment. Such appointment shall be made by the county board of any
county not under township organization or by the Township Board of
Trustees in counties under township organization, as the case may be,
for a term of 6 years. Until the effective date of this amendatory Act
of 1983, in a township coterminous with a municipality, cemetery trustees
shall continue to be elected by ballot, with one trustee elected in each odd-numbered
year, in accordance with the provisions of the general election law,
for a term of 6 years and until their respective successors are elected
and qualified.  After the effective date of this amendatory Act of 1983,
in a township coterminous with a municipality, cemetery trustees shall be
appointed by the governing authority of the municipality with one trustee
appointed in each odd-numbered year for a term of 6 years and until his
or her respective successors are appointed and qualified.

Such trustees may be paid such compensation, not to exceed $1,000 per
year, as may be fixed by the Township Board of Trustees.

(c) Not more than one of the trustees shall be from any one city or
village or incorporated town or section of land within such township
unless such city, village, incorporated town or section of land shall
have more than 50% of the population of the township according to the
last preceding Federal census in which are included 2 or more cities,
villages, incorporated towns or sections of land.

(Source: P.A. 94-24, eff. 6-14-05; 95-981, eff. 9-22-08.)

50 ILCS 610/1a

(50 ILCS 610/1a) (from Ch. 21, par. 14)

Sec. 1a.

The county board of any county not under township organization, or
the voters of any town at an annual town meeting may accept a conveyance
from any person, corporation, association or society of any property within
the limits of the township or county not under township organization which
has been or is used as a public graveyard or burial ground. After the
acceptance of any such conveyance the property conveyed shall be under the
control, management, maintenance and ownership of the township or county
not under township organization.

(Source: Laws 1961, p. 572.)

50 ILCS 610/1c

(50 ILCS 610/1c) (from Ch. 21, par. 14b)

Sec. 1c.

When 50 legal voters of any township having a population of not
exceeding 100,000 in any county present a petition to the town clerk of the
township asking that an annual tax be levied for the control and maintenance of
and the purchase of land and construction of necessary buildings for the
cemeteries controlled, managed, and owned by the township, the township clerk
shall certify the proposition to the proper election officials, who shall
submit the proposition to the voters at an election in accordance with the
general election law. The form of the proposition shall be substantially as
follows: "For the levy of a tax not to exceed ....% to control, maintain and
purchase land and construction of necessary buildings for cemeteries", or
"Against the levy of a tax not to exceed ....% to control, maintain and
purchase land and construction of necessary buildings for cemeteries". If a
majority of all the votes cast upon the proposition shall be for a levy of such
tax, the cemetery trustees of such township, shall thereafter annually levy a
tax of not to exceed .20% of value, as equalized or assessed by the Department
of Revenue. However, townships authorized to levy this tax at a rate less than
.20% on the effective date of this Amendatory Act of 1989, may provide for the
electors to vote to increase the rate for such purposes to not to exceed .20%
in the manner provided for establishing the tax in the first instance.  The
foregoing limitations upon tax rates may be increased or decreased under the
referendum provisions of the General Revenue Law of Illinois. This tax shall be
collected in like manner with other general taxes in such township, held by the
township supervisor for payment at the direction of the cemetery trustees, and
shall be known as "The Township Cemetery Fund". Such tax shall be in addition
to all other taxes which the township now is or hereafter may be authorized to
levy and collect and nothing herein contained shall in any manner limit or
prevent the electors present at the Annual Town Meeting from directing the
raising of money by taxation for any of the purposes set forth in Section
235-5 of the Township Code.

(Source: P.A. 87-747; 87-1208; 88-670, eff. 12-2-94.)

50 ILCS 610/2c

(50 ILCS 610/2c) (from Ch. 21, par. 14c)

Sec. 2c. Use of township funds.

(a) The board of trustees of any
township may appropriate funds
from the township treasury to be used for the purpose of putting any old,
neglected graves and cemeteries controlled, managed, and owned by the township
in a cleaner and more respectable condition.

(b) The board of trustees of any township may appropriate funds from the
township treasury to be used for the maintenance of a
cemetery owned by the State or another unit of local government.
The board of trustees of any township may appropriate funds from the
township treasury to be used for the maintenance of non-profit cemeteries,
but not for religious or sectarian purposes.

(c) If a township supervisor issues a payout from the township treasury for any purpose described in this Act, the township clerk shall attest to all moneys paid out.

(Source: P.A. 100-983, eff. 1-1-19.)

50 ILCS 610/2d

(50 ILCS 610/2d) (from Ch. 21, par. 14d)

Sec. 2d.

Purchases made pursuant to this Act shall be made
in compliance with the Local Government Prompt Payment Act.

(Source: P.A. 86-1475.)