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90_HB2451
765 ILCS 835/.01 from Ch. 21, par. 14.01
765 ILCS 835/4.5 new
765 ILCS 835/4.7 new
765 ILCS 835/4.9 new
Amends the Cemetery Protection Act. Provides that, for
cemetery property maintained by privately operated
cemeteries, a cemetery authority shall be responsible for the
performance of the care and maintenance of the cemetery
property it owns in keeping with a well maintained cemetery.
Provides that a cemetery authority of a privately operated
cemetery shall be responsible for repairing any damaged
gravestone, memorial, monument, or marker on cemetery
property whether the damage is caused by accident by a person
employed by the cemetery authority, or the damage is a result
of an illegal act of vandalism, with the exception of damage
from natural causes. Provides that the State's Attorney of
the county where the cemetery is located may prosecute a
cemetery authority of a privately operated cemetery for
failure to maintain a cemetery in keeping with a well
maintained cemetery or to comply with the provisions
requiring repair of damage and that a violation of either of
those provisions by a cemetery authority is a Class 4 felony,
with each day of continued violation being a separate
offense. Effective immediately.
LRB9008436SMdvC
LRB9008436SMdvC
1 AN ACT to amend the Cemetery Protection Act by changing
2 Section .01 and adding Sections 4.5, 4.7, and 4.9.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Cemetery Protection Act is amended by
6 changing Section .01 and adding Sections 4.5, 4.7, and 4.9 as
7 follows:
8 (765 ILCS 835/.01) (from Ch. 21, par. 14.01)
9 Sec. .01. For the purposes of this Act, the terms "care",
10 term "cemetery authority", and "privately operated cemetery"
11 are is defined as in Section 2 of the "Cemetery Care Act",
12 approved July 21, 1947, as now and hereafter amended.
13 (Source: Laws 1961, p. 2908.)
14 (765 ILCS 835/4.5 new)
15 Sec. 4.5. Cemetery property maintained by privately
16 operated cemeteries. A cemetery authority of a privately
17 operated cemetery shall be responsible for the performance of
18 the care and maintenance of the cemetery property it owns in
19 keeping with a well maintained cemetery.
20 (765 ILCS 835/4.7 new)
21 Sec. 4.7. Maintenance and repairs of gravestones,
22 memorials, monuments, or markers by privately operated
23 cemeteries. With respect to damage to any gravestones or
24 other memorials, monuments, or markers commemorating a
25 deceased person on a privately operated cemetery, a cemetery
26 authority shall be responsible for any repairs necessary to
27 restore the gravestone, memorial, monument, or marker. The
28 repairs shall be made whether the damage is caused by
29 accident by a person employed by the cemetery authority to
-2- LRB9008436SMdvC
1 maintain and care for the grounds, or the damage is a result
2 of an illegal act of vandalism. The cemetery authority is
3 not responsible for restoration of a gravestone or other
4 memorial, monument, or marker if the item has deteriorated
5 due to natural causes such as weathering.
6 (765 ILCS 835/4.9 new)
7 Sec. 4.9. Failure to maintain by a privately operated
8 cemetery. The State's Attorney of the county where the
9 cemetery is located may prosecute a cemetery authority of a
10 privately operated cemetery for failure to comply with the
11 provisions of Section 4.5 or Section 4.7. A violation of
12 Section 4.5 or Section 4.7 by a cemetery authority is a Class
13 4 felony. Each day of continued violation of Section 4.5 or
14 Section 4.7 is a separate offense.
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.