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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-48.3-29
(65 ILCS 5/11-48.3-29) (from Ch. 24, par. 11-48.3-29)
Sec. 11-48.3-29. The Authority shall receive financial
support from the Department of Commerce and Economic Opportunity in the
amounts that may be appropriated for such purpose.
(Source: P.A. 94-793, eff. 5-19-06.)
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65 ILCS 5/Art 11 prec Div 49
(65 ILCS 5/Art 11 prec Div 49 heading)
CEMETERIES
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65 ILCS 5/Art. 11 Div. 49
(65 ILCS 5/Art. 11 Div. 49 heading)
DIVISION 49.
GENERAL CEMETERY POWER
AND TAX FOR REHABILITATION
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65 ILCS 5/11-49-1
(65 ILCS 5/11-49-1) (from Ch. 24, par. 11-49-1)
Sec. 11-49-1.
Cemeteries; permitted activities.
(a) The corporate authorities of each municipality may establish
and regulate cemeteries within or without the municipal limits; may acquire
lands therefor, by purchase or otherwise; may cause cemeteries to be
removed; and may prohibit their establishment within one mile of the
municipal limits.
(b) The corporate authorities also may enter into contracts to purchase
existing cemeteries, or lands for cemetery purposes, on deferred
installments to be paid solely from the proceeds of sale of cemetery lots.
Every such contract shall empower the purchasing municipality, in its own
name, to execute and deliver deeds to purchasers of cemetery lots for
burial purposes.
(c) The corporate authorities of each municipality
that
has within its territory an abandoned cemetery may enter
the cemetery grounds and cause the grounds to be cleared
and made orderly. Provided, in no event shall the corporate
authorities of a municipality enter an abandoned cemetery
under this subsection if the owner of the property or the
legally responsible cemetery authority provides written
notification to the corporate authorities, prior to the
corporate authorities' entry (1) demonstrating the
ownership or authority to control or manage the cemetery
and (2) declining the corporate authority authorization to enter the property.
In
making a cemetery orderly under this Section, the corporate
authorities of a municipality may take necessary measures
to correct dangerous conditions that exist in regard to
markers, memorials, or other cemetery artifacts but may not
permanently remove those items from their location on the
cemetery grounds.
If an abandoned cemetery is dedicated as an Illinois nature
preserve under the Illinois Natural Areas Preservation Act,
any actions to cause the grounds to be cleared and kept
orderly shall be consistent with the rules and master plan
governing the dedicated nature preserve.
(d) In this Section:
"Abandoned cemetery" means an area of land containing
more than 6 places of interment for which, after diligent
search, no owner of the land or currently functioning
cemetery authority objects to entry sought pursuant to this Section, and (1)
at which no
interments have taken place in at least 3 years; or (2)
for which there has been inadequate maintenance for at least 6 months.
"Diligent search" includes, but is not limited to,
publication of a notice in a newspaper of local
circulation not more than 45 but at least 30 days prior to
entry and cleanup of cemetery grounds by the corporate
authorities of a municipality. The notice shall provide (1)
notice of the corporate authorities' intended entry and
cleanup of the cemetery; (2) the name, if known, and
geographic location of the cemetery; (3) the right of the
cemetery authority or owner of the property to deny entry
to the corporate authorities upon written notice to
those authorities; and (4) the date or dates of the
intended cleanup.
"Inadequate maintenance" includes, but is not limited
to, the failure to cut the lawn throughout a cemetery to
prevent an overgrowth of grass and weeds; the failure to
trim shrubs to prevent excessive overgrowth; the failure to
trim trees so as to remove dead limbs; the failure to keep
in repair the drains, water lines, roads, buildings,
fences, and other structures of the cemetery premises; or
the failure to keep the cemetery premises free of trash and
debris.
(Source: P.A. 92-419, eff. 1-1-02.)
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65 ILCS 5/11-49-5 (65 ILCS 5/11-49-5) Sec. 11-49-5. Scattering garden. The corporate authorities of any municipality may establish a scattering garden in any municipal cemetery for the purpose of scattering cremated remains.
(Source: P.A. 93-757, eff. 1-1-05.) |
65 ILCS 5/Art. 11 Div. 50
(65 ILCS 5/Art. 11 Div. 50 heading)
DIVISION 50.
TAX FOR RESTORATION OF NEGLECTED
CEMETERIES
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65 ILCS 5/11-50-1
(65 ILCS 5/11-50-1) (from Ch. 24, par. 11-50-1)
Sec. 11-50-1.
Cities and villages of less than 25,000 population may levy a tax
annually of not to exceed .025% of the value, as equalized or assessed
by the Department of Revenue, of all the taxable
property in the city or village for the purpose of reconditioning and
restoring neglected cemeteries, or any portion thereof, which are owned
by that city or village, or over which that city or village exercises
management and control.
No such tax shall be levied in any such city or village until the
question of levying the tax has first been certified by the clerk and
submitted to the electors of
that city or village and has been approved by a majority of the
electors voting thereon. The question
shall be
in substantially the following form:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shall a tax of not exceeding .025% be levied each year on the taxable YES property in the city (or village) of .... for the purpose of reconditioning - - - - - - - - - - - - - - - - - - -
and restoring neglected cemeteries as provided in Section 11-50-1 of the NO Illinois Municipal Code? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
If a majority of the electors of the city or village voting thereon vote
for the levy of the tax herein provided for, the
city or village is authorized to levy and collect the tax. This tax
shall be in addition to all other taxes which that city or village is
now or hereafter may be authorized to levy on the taxable property
within the city or village, and shall be in addition to taxes for
general purposes authorized to be levied as provided by Section 8-3-1.
This tax shall be levied and collected in like manner as the general
taxes for that city or village.
The foregoing limitation upon tax rate may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1489; 81-1509 .)
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65 ILCS 5/Art. 11 Div. 51
(65 ILCS 5/Art. 11 Div. 51 heading)
DIVISION 51.
REMOVAL OF CEMETERIES
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