Illinois
http://www.legis.state.il.us/legislation/ilcs/documents/076508350k1.htm
(765 ILCS 835/1)
(from Ch. 21, par. 15)
Sec. 1. (a) Any person who acts without proper legal authority and
who willfully and knowingly destroys or damages the remains of a deceased human
being or who desecrates human remains is guilty of a Class 3 felony.
(a‑5) Any person who acts without proper legal authority and who
willfully and knowingly removes any portion of the remains of a deceased human
being from a burial ground where skeletal remains are buried or from a grave,
crypt, vault, mausoleum, or other repository of human remains is guilty of a
Class 4 felony.
(b) Any person who acts without proper legal authority and who
willfully and knowingly:
(1) obliterates, vandalizes, or desecrates a burial ground where
skeletal remains are buried or a grave, crypt, vault, mausoleum, or other
repository of human remains;
(2) obliterates, vandalizes, or desecrates a park
or other area clearly designated to preserve and perpetuate the memory of a
deceased person or group of persons;
(3) obliterates, vandalizes, or desecrates
plants, trees, shrubs, or flowers located upon or around a repository for human
remains or within a human graveyard or cemetery; or
(4) obliterates, vandalizes, or desecrates a
fence rail, curb, or other structure of a similar nature intended for the
protection or for the ornamentation of any tomb, monument, gravestone, or other
structure of like character; is guilty of a Class A misdemeanor if the amount of
the damage is less than $500, a Class 4 felony if the amount of the damage is at
least $500 and less than $10,000, a Class 3 felony if the amount of the damage
is at least $10,000 and less than $100,000, or a Class 2 felony if the damage is
$100,000 or more and shall provide restitution to the cemetery authority or
property owner for the amount of any damage caused.
(b‑5) Any person who acts without proper legal authority and who
willfully and knowingly defaces, vandalizes, injures, or removes a gravestone or
other memorial, monument, or marker commemorating a deceased person or group of
persons, whether located within or outside of a recognized cemetery, memorial
park, or battlefield is guilty of a Class 4 felony for damaging at least one but
no more than 4 gravestones, a Class 3 felony for damaging at least 5 but no more
than 10 gravestones, or a Class 2 felony for damaging more than 10 gravestones
and shall provide restitution to the cemetery authority or property owner for
the amount of any damage caused.
(b‑7) Any person who acts without proper legal
authority and who willfully and knowingly removes with the intent to resell a
gravestone or other memorial, monument, or marker commemorating a deceased
person or group of persons, whether located within or outside a recognized
cemetery, memorial park, or battlefield, is guilty of a Class 2 felony.
(c) The provisions of this Section shall not apply to the removal or
unavoidable breakage or injury by a cemetery authority of anything placed in or
upon any portion of its cemetery in violation of any of the rules and
regulations of the cemetery authority, nor to the removal of anything placed in
the cemetery by or with the consent of the cemetery authority that in the
judgment of the cemetery authority has become wrecked, unsightly, or
dilapidated.
(d) If an unemancipated minor is found guilty of violating any of
the provisions of subsection (b) of this Section and is unable to provide
restitution to the cemetery authority or property owner, the parents or legal
guardians of that minor shall provide restitution to the cemetery authority or
property owner for the amount of any damage caused, up to the total amount
allowed under the Parental Responsibility Law.
(e) Any person who shall hunt, shoot or discharge any gun, pistol or
other missile, within the limits of any cemetery, or shall cause any shot or
missile to be discharged into or over any portion thereof, or shall violate any
of the rules made and established by the board of directors of such cemetery,
for the protection or government thereof, is guilty of a Class C misdemeanor.
(f) Any person who knowingly enters or knowingly remains upon the
premises of a public or private cemetery without authorization during hours that
the cemetery is posted as closed to the public is guilty of a Class A
misdemeanor.
(g) All fines when recovered, shall be paid over by the court or
officer receiving the same to the cemetery association and be applied, as far as
possible in repairing the injury, if any, caused by such offense. Provided,
nothing contained in this Act shall deprive such cemetery association, or the
owner of any lot or monument from maintaining an action for the recovery of
damages caused by any injury caused by a violation of the provisions of this
Act, or of the rules established by the board of directors of such cemetery
association. Nothing in this Section shall be construed to prohibit the
discharge of firearms loaded with blank ammunition as part of any funeral, any
memorial observance or any other patriotic or military ceremony.
(Source: P.A. 92‑419, eff. 1‑1‑02.)
http://www.legis.state.il.us/search/iga_results.asp?target=cemetery&scope=ilcs
(55 ILCS 70/1)
(from Ch.
21, par. 61)
Sec.
1. Care by county.
(a)
The county board of any county may appropriate funds from the county treasury to
be used for the purpose of putting any old, neglected graves and cemeteries in
the county in a cleaner and more respectable condition.
(b) A
county 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 a county enter an abandoned cemetery under this subsection if
the owner of the property or the legally responsible cemetery authority provides
written notification to the county, prior to the county's entry (1)
demonstrating the ownership or authority to control or manage the cemetery and
(2) declining the county authorization to enter the property. In making a
cemetery orderly under this Section, the county 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.
(c)
For the purposes of 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 a county's entry and cleanup of cemetery grounds. The notice shall provide
(1) notice of the county's 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 county upon
written notice to the county; 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.)
(60 ILCS 1/130‑10)
Sec.
130‑10. Cemetery board of managers; appointment; powers; organization.
(a)
If a township owns or controls a cemetery lying within or without, or partly
within and partly without, the territory of the township, the township collector
may appoint a board of 3 persons who shall be known as the cemetery board of
managers. Board members shall hold their office for a period of 2 years or until
their successors are appointed.
(b)
The cemetery board of managers may receive in trust, from the proprietors or
owners of any lot in the cemetery or any person interested in the maintenance of
a lot, any gift or legacy of money or real, personal, or mixed property having a
value of $50 or more that may be donated to the board of managers for the use
and maintenance of the lot or cemetery. The board of managers may convert the
property into money, invest the money as provided by motion of the township, and
apply the income perpetually for the care of the cemetery lot or the care and
maintenance of the cemetery, as specified in the gift or bequest and as provided
by motion of the township. Every gift or legacy for any purpose mentioned in
this Section made to a cemetery by its name, if the cemetery has a board of
managers appointed under this Section, shall vest in the board of managers and
take effect to all intents and purposes as if made to that board. The gift or
legacy shall not fail merely because the cemetery is not incorporated.
(c)
The board of managers, as soon as may be convenient after their appointment,
shall meet and organize by selecting one of their number to be president and
another of their number to be clerk of the board. The board also shall select a
treasurer of the board, who may or may not be one of their number and who,
before entering upon the treasurer's duties, shall execute a bond to the People
of the State of Illinois for the use of the board of managers in a penal sum not
less than double the value of the money or property coming into his or her
possession as treasurer, conditioned for the faithful performance of his or her
duties and for the faithful accounting for all property that, by virtue of the
office, comes into the treasurer's possession. The bond shall be in a form and
with sureties approved by the township collector and shall be approved and
preserved in the same manner, as near as may be practicable, as is the bond of
the treasurer of a village.
(Source:
P.A. 84‑549; 88‑62.)
(60 ILCS 1/130‑5)
Sec.
130‑5. Cemeteries; permitted activities.
(a) A
township may establish and maintain cemeteries within and without its territory,
may acquire lands for cemeteries by condemnation or otherwise, may lay out lots
of convenient size for families, and may sell lots for a family burying ground
or to individuals for burial purposes. Associations duly incorporated under the
laws of this State for cemetery purposes shall have the same power and authority
to purchase lands and sell lots for burial purposes as are conferred upon
townships under this Article.
(b) A
township 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 a township enter an abandoned cemetery under this subsection
if the owner of the property or the legally responsible cemetery authority
provides written notification to the township, prior to the township's entry (1)
demonstrating the ownership or authority to control or manage the cemetery and
(2) declining the township authorization to enter the property. In making a
cemetery orderly under this Section, the township 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.
(c)
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 a township's entry and cleanup of cemetery grounds. The notice shall provide
(1) notice of the township's 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 township upon
written notice to the township; 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.)
(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.)
(760 ILCS 100/15b)
Sec.
15b. Sales; liability of purchaser for shortage.
In
the case of a sale of any privately operated cemetery or any part thereof or of
any related personal property by a cemetery authority to a purchaser or pursuant
to foreclosure proceedings, except the sale of burial rights, services, or
merchandise to a person for his or her personal or family burial or interment,
the purchaser is liable for any shortages existing before or after the sale in
the care funds required to be maintained in a trust pursuant to this Act and
shall honor all instruments issued under Section 4 for that cemetery. Any
shortages existing in the care funds constitute a prior lien in favor of the
trust for the total value of the shortages, and notice of such lien shall be
provided in all sales instruments.
In
the event of a sale or transfer of all or substantially all of the assets of the
cemetery authority, the sale or transfer of the controlling interest of the
corporate stock of the cemetery authority if the cemetery authority is a
corporation, or the sale or transfer of the controlling of the partnership if
the cemetery authority is a partnership, the cemetery authority shall, at least
21 days prior to the sale or transfer, notify the Comptroller, in writing, of
the pending date of sale or transfer so as to permit the Comptroller to audit
the books and records of the cemetery authority. The audit must be commenced
within 10 business days of the receipt of the notification and completed within
the 21 day notification period unless the Comptroller notifies the cemetery
authority during that period that there is a basis for determining a deficiency
which will require additional time to finalize. The sale or transfer may not be
completed by the cemetery authority unless and until:
(a) The Comptroller has completed the audit of the
cemetery authority's books and records;
(b) Any delinquency existing in the care funds
has been paid by the cemetery authority, or arrangements satisfactory to the
Comptroller have been made by the cemetery authority on the sale or transfer for
the payment of any delinquency;
(c) The Comptroller issues a new cemetery care
license upon application of the newly controlled corporation or partnership,
which license must be applied for within 30 days of the anticipated date of the
sale or transfer, subject to the payment of any delinquencies, if any, as stated
in item (b) above.
For purposes of this Section, a person, firm,
corporation, partnership, or institution that acquires the cemetery through a
real estate foreclosure shall be subject to the provisions of this Section. The
sale or transfer of the controlling interest of a cemetery authority to an
immediate family member is not subject to the license application process
required in item (c) of this Section.
In
the event of a sale or transfer of any cemetery land, including any portion of
cemetery land in which no human remains have been interred, a licensee shall, at
least 21 days prior to the sale or transfer, notify the Comptroller, in writing,
of the pending sale or transfer.
(Source:
P.A. 92‑419, eff. 1‑1‑02.)
(760 ILCS 100/2)
(from Ch.
21, par. 64.2)
Sec.
2. Definitions. The following words, terms and phrases used in this Act, for the
purpose of this Act, have the following meanings:
"Person" means any person, partnership, association, corporation, or other
entity.
"Trustee" means any person authorized to hold funds under this Act.
"Comptroller" means the Comptroller of the State of Illinois.
"Care" means the maintenance of a cemetery and of the lots, graves, crypts,
niches, family mausoleums, memorials, and markers therein; including: (i) the
cutting and trimming of lawn, shrubs, and trees at reasonable intervals; (ii)
keeping in repair the drains, water lines, roads, buildings, fences, and other
structures, in keeping with a well maintained cemetery; (iii) maintenance of
machinery, tools, and equipment for such care; (iv) compensation of employees,
payment of insurance premiums, and reasonable payments for employees pension and
other benefits plans; and (v) to the extent surplus income from the care fund is
available, the payment of overhead expenses necessary for such purposes and for
maintaining necessary records of lot ownership, transfers, and burials.
"Care
funds" as distinguished from receipts from annual charges or gifts for current
or annual care, means any realty or personalty impressed with a trust by the
terms of any gift, grant, contribution, payment, legacy, or pursuant to
contract, accepted by any cemetery authority owning, operating, controlling or
managing a privately operated cemetery, or by any trustee or licensee, agent or
custodian for the same, under Section 3 of this Act, and the amounts set aside
under Section 4 of this Act, and any income accumulated therefrom, where legally
so directed by the terms of the transaction by which the principal was
established.
"Cemetery" means any land or structure in this State dedicated to and used,
or intended to be used, for the interment of human remains.
"Cemetery authority" means any person, firm, corporation, trustee,
partnership, association or municipality owning, operating, controlling or
managing a cemetery or holding lands for burial grounds or burial purposes in
this State.
"Mausoleum crypt" means a space in a mausoleum used or intended to be used,
above or under ground, to entomb human remains.
"Family burying ground" means a cemetery in which no lots are sold to the
public and in which interments are restricted to a group of persons related to
each other by blood or marriage.
"Fraternal cemetery" means a cemetery owned, operated, controlled, or
managed by any fraternal organization or auxiliary organizations thereof, in
which the sale of lots, graves, crypts or niches is restricted principally to
its members.
"Grave" means a space of ground in a cemetery, used, or intended to be used,
for burial.
"Investment Company Act of 1940" means Title 15, of the United States Code,
Sections 80a‑1 to 80a‑51, inclusive, as amended.
"Investment Company" means any issuer (a) whose securities are purchasable
only with care funds or trust funds, or both; and (b) which is an open and
diversified management company as defined in and registered under the
"Investment Company Act of 1940"; and (c) which has entered into an agreement
with the Comptroller containing such provisions as the Comptroller by regulation
reasonably requires for the proper administration of this Act.
"Municipal cemetery" means a cemetery owned, operated, controlled or managed
by any city, village, incorporated town, township, county, or other municipal
corporation, political subdivision, or instrumentality thereof authorized by law
to own, operate, or manage a cemetery.
"Niche" means a space in a columbarium used or intended to be used, for
inurnment of cremated human remains.
"Privately operated cemetery" means any entity that offers interment rights,
entombment rights, or inurnment rights, other than a fraternal, municipal,
State, federal or religious cemetery or a family burying ground.
"Religious cemetery" means a cemetery owned, operated, controlled, or
managed by any recognized church, religious society, association or
denomination, or by any cemetery authority or any corporation administering, or
through which is administered, the temporalities of any recognized church,
religious society, association or denomination.
"State or federal cemetery" means a cemetery owned, operated, controlled, or
managed by any State or the federal government or any political subdivision or
instrumentality thereof.
"Entombment right" means the right to place individual human remains or
individual cremated human remains in a specific mausoleum crypt or lawn crypt
selected by the consumer for use as a final resting place.
"Interment right" means the right to place individual human remains or
cremated human remains in a specific underground location selected by the
consumer for use as a final resting place.
"Inurnment right" means the right to place individual cremated human remains
in a specific niche selected by the consumer for use as a final resting place.
"Lawn
crypt" means a permanent underground crypt usually constructed of reinforced
concrete or similar material installed in multiple units for the entombment of
human remains.
"Imputed value" means the retail price of comparable rights within the same
or similar area of the cemetery.
(Source:
P.A. 92‑651, eff. 7‑11‑02.)
(760 ILCS 100/2a)
(from Ch.
21, par. 64.2a)
Sec.
2a. Powers and duties of cemetery authorities; cemetery property maintained by
cemetery care funds.
(a)
With respect to cemetery property maintained by cemetery care funds, a cemetery
authority shall be responsible for the performance of:
(1) the care and maintenance of the cemetery property it owns; and
(2) the opening and closing of all graves,
crypts,
or niches for human remains in any cemetery
property it owns.
(b) A cemetery authority owning, operating,
controlling or managing a privately operated cemetery shall make available for
inspection, and upon reasonable request provide a copy of, its rules and
regulations and its current prices of interment, inurnment, or entombment
rights.
(c) A
cemetery authority owning, operating, controlling or managing a privately
operated cemetery may, from time to time as land in its cemetery may be required
for burial purposes, survey and subdivide those lands and make and file in its
office a map thereof delineating the lots or plots, avenues, paths, alleys, and
walks and their respective designations. The cemetery authority shall open the
map to public inspection. The cemetery authority may make available a copy of
the overall map upon written request and payment of reasonable photocopy fees.
Any unsold lots, plots or parts thereof, in which there are not human remains,
may be resurveyed and altered in shape or size, and properly designated on such
map. Nothing contained in this subsection, however, shall prevent the cemetery
authority from enlarging an interment right by selling to the owner thereof the
excess space next to such interment right and permitting interments therein,
provided reasonable access to such interment right and to adjoining interment
rights is not thereby eliminated. The Comptroller may waive any or all of the
requirements of this subsection (c) for good cause shown.
(d) A
cemetery authority owning, operating, controlling, or managing a privately
operated cemetery shall keep a record of every interment, entombment, and
inurnment in the cemetery. The record shall include the deceased's name, age,
and date of burial, when these particulars can be conveniently obtained, and the
lot, plot, or section where the human remains are interred, entombed, or
inurned. The record shall be open to public inspection consistent with State and
federal law. The cemetery authority shall make available, consistent with State
and federal law, a true copy of the record upon written request and payment of
reasonable copy costs.
(e) A
cemetery authority owning, operating, controlling, or managing a privately
operated cemetery shall provide access to the cemetery under the cemetery
authority's reasonable rules and regulations.
(Source:
P.A. 92‑419, eff. 1‑1‑02.)
(760 ILCS 100/3)
(from Ch.
21, par. 64.3)
Sec.
3. Gifts and contributions ‑ Trust funds. Any cemetery authority is hereby
authorized and empowered to accept any gift, grant, contribution, payment,
legacy, or pursuant to contract, any sum of money, funds, securities or property
of any kind, or the income or avails thereof, and to establish a trust fund to
hold the same in perpetuity for the care of its cemetery, or for the care of any
lot, grave, crypt or niche in its cemetery; or for the special care of any lot,
grave, crypt or niche or of any family mausoleum or memorial, marker, or
monument in its cemetery.
The
cemetery authority shall act as trustee of all amounts received for care until
they have been deposited into the trust fund established under this Section. The
cemetery authority may continue to be the trustee of up to $500,000 of care
funds that have been deposited into the trust fund, but the cemetery authority
must retain an independent trustee for any amount of care funds held in trust in
excess of that $500,000. A cemetery authority holding care funds in excess of
$500,000 on the effective date of this amendatory Act of 1996 shall have 36
months to retain an independent trustee for the excess amounts held in trust;
any other cemetery authority must retain an independent trustee for its care
funds in excess of $500,000 as soon as may be practical.
No
gift, grant, legacy, payment or other contribution shall be invalid by reason of
any indefiniteness or uncertainty as to the beneficiary designated in the
instrument creating the gift, grant, legacy, payment or other contribution. If
any gift, grant, legacy, payment or other contribution consists of non‑income
producing property, the cemetery authority accepting it is authorized and
empowered to sell such property and to invest the funds obtained in accordance
with the provisions of the next succeeding paragraph.
The
care funds authorized by this Section and provided for in Section 4 of this Act
shall be held intact and, unless otherwise restricted by the terms of the gift,
grant, legacy, contribution, payment, contract or other payment, as to
investments made after June 11, 1951 the trustee of the care funds of the
cemetery authority, in acquiring, investing, reinvesting, exchanging, retaining,
selling and managing property for any such trust, shall exercise the judgment
and care under the circumstances then prevailing, which persons of prudence,
discretion and intelligence exercise in the management of their own affairs, not
in regard to speculation but in regard to the permanent disposition of their
funds, considering the probable income as well as the probable safety of their
capital. Within the limitations of the foregoing standard, the trustee of the
care funds of the cemetery authority is authorized to acquire and retain every
kind of property, real, personal or mixed, and every kind of investment,
including specifically but without limiting the generality of the foregoing,
bonds, debentures and other corporate obligations, preferred or common stocks
and real estate mortgages, which persons of prudence, discretion and
intelligence acquire or retain for their own account. Within the limitations of
the foregoing standard, the trustee is authorized to retain property properly
acquired, without limitation as to time and without regard to its suitability
for original purchase. The care funds authorized by this Section may be
commingled with other trust funds received by such cemetery authority for the
care of its cemetery or for the care or special care of any lot, grave, crypt,
niche, private mausoleum, memorial, marker, or monument in its cemetery, whether
received by gift, grant, legacy, contribution, payment, contract or other
conveyance heretofore or hereafter made to such cemetery authority. Such care
funds may be invested with common trust funds as provided in The Common Trust
Fund Act. The net income only from the investment of such care funds shall be
allocated and used for the purposes specified in the transaction by which the
principal was established in the proportion that each contribution bears to the
entire sum invested.
(Source:
P.A. 89‑615, eff. 8‑9‑96.)
(760 ILCS 90/2)
(from Ch.
21, par. 32)
Sec.
2. Every company or association incorporated for cemetery purposes under any
general or special law of the State of Illinois may receive, by gift, legacy, or
otherwise, moneys or real or personal property, or the income or avails of such
moneys or property, in trust, in perpetuity, for the improvement, maintenance,
ornamentation, repair, care and preservation of any burial lot or grave, vault,
tomb, or other such structures, in any cemetery owned or controlled by such
cemetery company or association, upon such terms and in such manner as may be
provided by the terms of such gift, legacy or other conveyance of such moneys or
property in trust and assented to by such company or association, and subject to
the rules and regulations of such company or association, and every such company
or association owning or controlling any such cemetery may make contracts with
the owner or owners or legal representatives of any lot, grave, vault, tomb, or
other such structure in such cemetery, for the improvement, maintenance,
ornamentation, care, preservation and repair of any such lot, grave, vault,
tomb, or other such structure in such cemetery owned or controlled by such
cemetery company or association. Where the cemetery is a privately operated
cemetery, as defined in section 2 of the Cemetery Care Act, approved July 21,
1947, as amended, or where the burial lot or grave, vault, tomb, or other such
structures are in a privately operated cemetery, as defined in section 2 of that
Act, then such company or association shall also comply with the provisions of
the Cemetery Care Act.
(Source:
P.A. 83‑388.)
(760 ILCS 95/2)
(from Ch.
21, par. 64)
Sec.
2. Any incorporated cemetery association incorporated not for pecuniary profit,
may if it elects to do so, receive and hold money, funds and property in
perpetual trust pursuant to the provisions of this act. Such election shall be
evidenced by a by‑law or resolution adopted by the board of directors, or board
of trustees of the incorporated cemetery association. Any person is authorized
to give, donate or bequeath any sum of money or any funds, securities, or
property of any kind to the cemetery association, in perpetual trust, for the
maintenance, care, repair, upkeep or ornamentation of the cemetery, or any lot
or lots, or grave or graves in the cemetery, specified in the instrument making
the gift, donation or legacy. The cemetery association may receive and hold in
perpetual trust, any such money, funds, securities and property so given,
donated or bequeathed to it, and may convert the property, funds and securities
into money and shall invest and keep invested the proceeds thereof and the money
so given, donated and bequeathed, in safe and secure income bearing investments,
including investments in income producing real estate, provided the purchase
price of the real estate shall not exceed the fair market value thereof on the
date of its purchase as such value is determined by the board of directors or
board of trustees of the association. The principal of the trust fund shall be
kept intact and the income arising therefrom shall be perpetually applied for
the uses and purposes specified in the instrument making the gift, donation or
legacy and for no other purpose.
The
by‑laws of the cemetery association shall provide for a permanent committee to
manage and control the trust funds so given, donated and bequeathed to it. The
members of the committee shall be appointed by the board of directors, or board
of trustees of the cemetery association from among the members of the board of
directors or board of trustees. The committee shall choose a chairman, a
secretary and a treasurer from among the members, and shall have the management
and control of the trust funds of the cemetery association so given, donated and
bequeathed in trust, under the supervision of the board of directors or board of
trustees. The treasurer of the committee shall execute a bond to the People of
the State of Illinois for the use of the cemetery association, in a penal sum of
not less than double the amount of the trust funds coming into his possession as
treasurer, conditioned for the faithful performance of his duties and the
faithful accounting for all money or funds which by virtue of his treasureship
come into his possession, and be in such form and with such securities as may be
prescribed and approved by the board of directors, or board of trustees, and
shall be approved by such board of directors, or board of trustees, and filed
with the secretary of the cemetery association.
The
treasurer of the committee shall have the custody of all money, funds and
property received in trust by the cemetery association and shall invest the same
in accordance with the directions of the committee as approved by the board of
directors or board of trustees of the cemetery association, and shall receive
and have the custody of all of the income arising from such investments and as
the income is received by him, he shall pay it to the treasurer of the cemetery
association, and he shall keep permanent books of record of all such trust funds
and of all receipts arising therefrom and disbursements thereof, and shall
annually make a written report to the board of directors or board of trustees of
the cemetery association, under oath, showing receipts and disbursements,
including a statement showing the amount and principal of trust funds on hand
and how invested, which report shall be audited by the board of directors, or
board of trustees, and if found correct, shall be approved, and filed with the
secretary of the cemetery association.
The
secretary of the committee shall keep, in a book provided for such purpose, a
permanent record of the proceedings of the committee, signed by the president
and attested by the secretary, and shall also keep a permanent record of the
several trust funds, the amounts thereof, and for what uses and purposes,
respectively, and he shall annually, at the time the treasurer makes his report,
make a written report under oath, to the board of directors or board of
trustees, stating therein substantially the same matter required to be reported
by the treasurer of the committee, which report, if found to be correct, shall
be approved, and filed with the secretary of the association.
The
treasurer shall execute a bond to the People of the State of Illinois, in a
penal sum of not less than double the amount of money or funds coming into his
possession as such treasurer, conditioned for the faithful performance of his
duties and the faithful accounting of all money or funds which by virtue of his
office come into his possession and be in such form and with such securities as
may be prescribed and approved by the board of directors, or board of trustees,
and shall be approved by such board of directors or board of trustees and filed
with the secretary of the cemetery association.
The
trust funds, gifts and legacies mentioned in this section and the income arising
therefrom shall be exempt from taxation and from the operation of all laws of
mortmain, and the laws against perpetuities and accumulations.
Where
the cemetery is a privately operated cemetery, as defined in section 2 of the
Cemetery Care Act, approved July 21, 1947, as amended, or where the lot or lots
or grave or graves are in a privately operated cemetery, as defined in section 2
of that Act, then such cemetery association or such committee, shall also comply
with the provisions of the Cemetery Care Act.
(Source:
P.A. 83‑388.)
(765 ILCS 835/1)
(from Ch. 21, par. 15)
Sec. 1. (a) Any person who acts without
proper legal authority and who willfully and knowingly destroys or damages the
remains of a deceased human being or who desecrates human remains is guilty of a
Class 3 felony.
(a‑5) Any person who acts without proper
legal authority and who willfully and knowingly removes any portion of the
remains of a deceased human being from a burial ground where skeletal remains
are buried or from a grave, crypt, vault, mausoleum, or other repository of
human remains is guilty of a Class 4 felony.
(b) Any person who acts without proper legal
authority and who willfully and knowingly:
(1) obliterates, vandalizes, or
desecrates a burial ground where skeletal remains are buried or a grave, crypt,
vault, mausoleum, or other repository of human remains;
(2) obliterates, vandalizes, or desecrates a
park or other area clearly designated to preserve and perpetuate the memory of a
deceased person or group of persons;
(3) obliterates, vandalizes, or desecrates
plants, trees, shrubs, or flowers located upon or around a repository for human
remains or within a human graveyard or cemetery; or
(4) obliterates, vandalizes, or desecrates a
fence rail, curb, or other structure of a similar nature intended for the
protection or for the ornamentation of any tomb, monument, gravestone, or other
structure of like character; is guilty of a Class A misdemeanor if the amount of
the damage is less than $500, a Class 4 felony if the amount of the damage is at
least $500 and less than $10,000, a Class 3 felony if the amount of the damage
is at least $10,000 and less than $100,000, or a Class 2 felony if the damage is
$100,000 or more and shall provide restitution to the cemetery authority or
property owner for the amount of any damage caused.
(b‑5) Any person who acts without proper
legal authority and who willfully and knowingly defaces, vandalizes, injures, or
removes a gravestone or other memorial, monument, or marker commemorating a
deceased person or group of persons, whether located within or outside of a
recognized cemetery, memorial park, or battlefield is guilty of a Class 4 felony
for damaging at least one but no more than 4 gravestones, a Class 3 felony for
damaging at least 5 but no more than 10 gravestones, or a Class 2 felony for
damaging more than 10 gravestones and shall provide restitution to the cemetery
authority or property owner for the amount of any damage caused.
(b‑7) Any person who acts without proper legal
authority and who willfully and knowingly removes with the intent to resell a
gravestone or other memorial, monument, or marker commemorating a deceased
person or group of persons, whether located within or outside a recognized
cemetery, memorial park, or battlefield, is guilty of a Class 2 felony.
(c) The provisions of this Section shall not
apply to the removal or unavoidable breakage or injury by a cemetery authority
of anything placed in or upon any portion of its cemetery in violation of any of
the rules and regulations of the cemetery authority, nor to the removal of
anything placed in the cemetery by or with the consent of the cemetery authority
that in the judgment of the cemetery authority has become wrecked, unsightly, or
dilapidated.
(d) If an unemancipated minor is found
guilty of violating any of the provisions of subsection (b) of this Section and
is unable to provide restitution to the cemetery authority or property owner,
the parents or legal guardians of that minor shall provide restitution to the
cemetery authority or property owner for the amount of any damage caused, up to
the total amount allowed under the Parental Responsibility Law.
(e) Any person who shall hunt, shoot or
discharge any gun, pistol or other missile, within the limits of any cemetery,
or shall cause any shot or missile to be discharged into or over any portion
thereof, or shall violate any of the rules made and established by the board of
directors of such cemetery, for the protection or government thereof, is guilty
of a Class C misdemeanor.
(f) Any person who knowingly enters or
knowingly remains upon the premises of a public or private cemetery without
authorization during hours that the cemetery is posted as closed to the public
is guilty of a Class A misdemeanor.
(g) All fines when recovered, shall be paid
over by the court or officer receiving the same to the cemetery association and
be applied, as far as possible in repairing the injury, if any, caused by such
offense. Provided, nothing contained in this Act shall deprive such cemetery
association, or the owner of any lot or monument from maintaining an action for
the recovery of damages caused by any injury caused by a violation of the
provisions of this Act, or of the rules established by the board of directors of
such cemetery association. Nothing in this Section shall be construed to
prohibit the discharge of firearms loaded with blank ammunition as part of any
funeral, any memorial observance or any other patriotic or military ceremony.
(Source: P.A. 92‑419, eff. 1‑1‑02.)
