State of Illinois
91st General Assembly

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 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)
                            -2-                LRB9109203RCks
 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
                            -3-                LRB9109203RCks
 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.

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