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91_SB1267
LRB9109203RCks
1 AN ACT to amend the Cemetery Association Act by changing
2 Sections 2 and 4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Cemetery Association Act is amended by
6 changing Sections 2 and 4 as follows:
7 (805 ILCS 320/2) (from Ch. 21, par. 36)
8 Sec. 2. Whenever six (6) or more persons shall present to
9 the Secretary of State a petition setting forth that they
10 desire to organize a Cemetery Association under this act, to
11 be located in (here insert the county) and that said Cemetery
12 Association shall be known by the name and style of (here
13 insert the name of the association), that the Secretary of
14 State shall issue to such persons and their successors in
15 trust, a certificate of organization, which said certificate
16 of organization shall be in perpetuity and in trust for the
17 use and benefit of all persons who may acquire burial lots in
18 said cemetery. A person may not file a petition to organize
19 a Cemetery Association without first obtaining legal
20 ownership of the property that he or she desires to maintain
21 as a cemetery. The Secretary of State may not issue a
22 certificate of organization without first securing a
23 certificate of ownership naming the petitioners as the
24 owners. A county board may not name trustees without the
25 certificate of ownership in the name of the trustees or the
26 organization that the trustees represent. This amendatory
27 Act of the 91st General Assembly is declarative of existing
28 law.
29 (Source: Laws 1903, p. 90.)
30 (805 ILCS 320/4) (from Ch. 21, par. 38)
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1 Sec. 4. That said persons so receiving said certificate
2 of organization of said association shall proceed to elect
3 from their own number a board of trustees for said
4 association, which said board shall consist of not less than
5 six (6) nor more than ten (10) members, as said persons so
6 receiving said certificate may determine; that said trustees
7 when elected shall immediately organize by electing from
8 their own membership a president, vice president and
9 treasurer, and shall also elect a secretary, who may or may
10 not be a member of said board of trustees, in their
11 discretion, which said officers shall hold their respective
12 offices for and during the period of one (1) year, and until
13 their successors are duly elected and qualified. Said
14 trustees when so elected shall divide themselves by lot into
15 two classes, the first of which shall hold their offices for
16 and during the period of three (3) years, and the second of
17 which shall hold their offices for and during the period of
18 six (6) years, and that thereafter the term of office of said
19 trustees shall be six (6) years, and that upon the expiration
20 of the term of office of any of said trustees, or in case of
21 the resignation or death or removal from the State of
22 Illinois of any of said trustees, or their removal from
23 office as provided in this act, the remaining trustees, or a
24 majority of them, shall notify the presiding officer of the
25 County Board in which said cemetery is situated, of such
26 vacancy or vacancies in writing and thereupon said presiding
27 officer shall appoint some suitable person or persons to fill
28 such vacancy or vacancies; and that thereafter the presiding
29 officer of the county board in which said cemetery
30 association is located shall always appoint some suitable
31 person or persons as trustees: Provided, however, that in
32 making such appointments the said presiding officer of the
33 County Board shall so exercise his power that at least
34 two-thirds (2-3) of said trustees shall be selected from
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1 suitable persons residing within fifteen (15) miles of said
2 cemetery, or some part thereof, and the other appointees may
3 be suitable persons interested in said cemetery association
4 through family interments or otherwise who are citizens of
5 the State of Illinois. In each case in which a valid
6 certificate of ownership is legally filed in the Office of
7 the Secretary of State, the county board is not authorized to
8 fill vacancies in the office of trustee.
9 (Source: P.A. 80-585.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.