Article 22 - Cemetery Associations
(225 ILCS 411/Art. 22 heading) Article 22. Cemetery Associations (Article scheduled to be repealed on January 1, 2021)(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑1)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑1. Cemetery association requirements. The requirements of this Article apply to those entities formed as and acting as cemetery associations that act as a cemetery and are otherwise exempt from this Act pursuant to Section 5‑20 of this Act. A cemetery association offering or providing services as a cemetery that is exempt pursuant to Section 5‑20 of this Act shall remain subject to the provisions of this Article and its requirements, mandates, and discipline in accordance with the provisions of this Act. Any cemetery association not exempt in accordance with Section 5‑20 of this Act shall obtain a license from the Department in accordance with the provisions of this Act and shall remain subject to all provisions of this Act.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑2)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑2. Cemetery association formation.
(a) Any 6 or more persons may organize a cemetery association, to be owned, managed, and controlled in the manner provided in this Article.
(b) Whenever 6 or more persons shall present to the Secretary of State a petition setting forth that they desire to organize a cemetery association under this Act, which shall specify the county in which the cemetery association will be located and the name and style of the cemetery association, the Secretary of State shall issue to such persons and their successors in trust, a certificate of organization, which shall be in perpetuity and in trust for the use and benefit of all persons who may acquire burial lots in the cemetery.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑3)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑3. Certificate of organization. Any person who has received a certificate of organization from the Secretary of State must record the certificate of organization with the recorder's office of the county in which the cemetery is situated, and when so recorded, the association shall be deemed fully organized as a body corporate under the name adopted and in its corporate name may sue and be sued. Whenever two‑thirds of the trustees of the cemetery association approve a resolution to change the name of the cemetery association, a copy of such resolution and approval thereof duly certified by the President and Secretary of the association shall be filed with the Department and upon approval thereof shall be filed in the Office of the Secretary of State. Whenever two‑thirds of the trustees of a cemetery association approve a resolution to dissolve the association, a copy of such resolution and approval of the trustees of the cemetery association duly certified by the President and Secretary shall be submitted to the Department, and if approved by the Department, a copy of such resolution and approval of the Department shall be duly filed by the Department in the Office of the Secretary of State. If the association has care funds as defined in this Act, the Department shall not approve the dissolution of any cemetery association unless proper disposition has been made of such care funds, as provided by law, and in accordance with this Act. Upon the filing of the resolution of either change of name or dissolution of such cemetery association in the Office of the Secretary of State, such change of name or dissolution of such cemetery association shall be complete. The Department shall so notify the trustees of such cemetery association. Thereupon the trustees shall cause a copy of such resolution of either change of name or dissolution to be recorded in the recorder's office of the county where the cemetery is situated.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑4)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑4. Cemetery association composition; board of trustees. A cemetery association meeting the requirements set forth in Section 22‑3 of this Act shall proceed to elect from their own number a board of trustees for the association. The board shall consist of not less than 6 and not more than 10 members. The trustees, once elected, shall immediately organize by electing from their own membership a president, vice president, and treasurer, and shall also elect a secretary, who may or may not be a member of the board of trustees. The officers shall hold their respective offices for and during the period of one year, and until their successors are duly elected and qualified. Trustees, once elected, shall divide themselves by lot into 2 classes, the first of which shall hold their offices for a period of 3 years, and the second of which shall hold their offices for a period of 6 years. Thereafter the term of office of the trustees shall be 6 years. Upon the expiration of the term of office of any of the trustees, or the resignation or death or removal from the State of Illinois of any trustees, or their removal from office as provided in this Act, the remaining trustees shall fill the vacancy by electing a person residing in the county where the cemetery is located for a new 6‑year term or, if no one can be nominated, the President of the cemetery association shall notify the Department of such vacancy or vacancies in writing. Thereafter the Department shall fill the vacancy or vacancies by appointing a suitable person or persons as trustees. In making such appointments, the Department shall exercise its power such that at least two‑thirds of the trustees shall be selected from suitable persons residing within 15 miles of the cemetery, or some part thereof, and the other appointees may be suitable persons interested in said cemetery association through family interments or otherwise who are citizens of the State of Illinois.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑5)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑5. Right to acquire land. Any cemetery association shall have the right to acquire the necessary amount of land for the use of the cemetery association. Land may be acquired by purchase or by gift, and the association is authorized to receive by gift or legacy any property, either real, personal, or mixed, which may be donated to the association to hold and keep inviolate any such property for the uses of the cemetery association. A cemetery association may receive and administer endowments for the care and oversight of such cemetery or any part thereof. All cemetery associations shall be subject to and shall comply with the provisions of the other Articles of this Act unless otherwise exempted by the provisions of this Act.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑6)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑6. Plat; plots; recordation. All cemetery associations may divide and lay out into lots any real estate that it may acquire. When such division takes place, the lots shall be of suitable size for burial lots. A plat of any land that is laid out into lots as provided in this Section shall comply with the Illinois Professional Land Surveyor Act of 1989 and be filed by the cemetery association at its on‑site office, or if it does not maintain an on‑site office, at its principal place of business. The cemetery association shall have the right to sell to any person or persons a lot or lots in the cemetery for burial purposes only, and to convey to such person or persons a lot by a proper certificate of conveyance. A person or persons purchasing a lot or lots shall have the right to use the same for burial purposes as limited by the reasonable rules of the cemetery association; but no cemetery association shall make or enforce any rule prohibiting the erection of any memorial on any lot or lots as may be prescribed or provided by the United States or the State of Illinois for a soldier, sailor, or marine having served and been honorably discharged from the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, Reserve Units, or Merchant Marines of the United States or the State of Illinois that meets the established and written rules and regulations of the cemetery.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑7)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑7. Funds; loans. The treasurer of a cemetery association may from time to time loan money that the association may have that is not needed for the immediate use of the association by taking proper security for the loan, and the loan and the security for the loan shall, before the loan becomes effective, be approved by the board of trustees of the cemetery association.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑8)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑8. Officer trustee compensation; salary. No officer or trustee of a cemetery association shall receive any compensation of any kind for any services rendered by him or her on behalf of the association, except that officers and trustees may be reimbursed for reasonable expenses, and the secretary and treasurer of the association may receive such salary as may be fixed by the board of trustees.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑9)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑9. Payment of earnings or dividends. No earnings or dividends shall be declared or paid to any officer or other person from the funds of a cemetery association. Such earnings and dividends shall be kept inviolate and be used only for purposes of the association and the care, preservation, and ornamentation of the cemetery.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑10)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑10. Annual reports. The board of trustees for any cemetery association that is exempt in accordance with the provisions of this Act and subject to the provisions of this Article shall annually prepare and file with the Department the report required to be filed by a licensee under Section 20‑25. The Department shall examine such report to determine whether the association has fully complied with the requirements of this Act. If a cemetery association fails to submit an annual report to the Department within the time specified in Section 20‑25, the Department shall impose upon the cemetery association a fine as provided for by rule for each and every day the cemetery licensee remains delinquent in submitting the report. Any fine established pursuant to this Section shall be paid within 60 days after the effective date of the order imposing the fine unless such time is extended, the fine is reduced, or the fine is otherwise waived. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑11)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑11. Fees; fines. Except as otherwise provided in this Act, the fees for the administration and enforcement of this Article shall be set by rule of the Department. The fees shall be nonrefundable.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑12)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑12. Deposit of fees and fines. All of the fees, fines, or other moneys collected by the Department from cemetery associations under this Article shall be deposited into the Cemetery Oversight Licensing and Disciplinary Fund.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑13)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑13. Injunctive relief.
(a) If any cemetery association otherwise exempted under the provisions of this Act violates any of the provisions of this Article, the Department, any interested party, any person injured thereby, the Attorney General of the State of Illinois, or the State's Attorney in the county in which the offense occurs may petition to the circuit court of the county in which the violation or some part thereof occurred or of the county where the association has its principal place of business for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Article.
(b) For misconduct in office any trustee of a cemetery association may be removed from office by a court of competent jurisdiction. Any trustee of an association who converts any funds of an association to his or her own use or to a use other than that intended shall be guilty of embezzlement as provided by State law.
(c) All cemetery associations shall remain subject to the duties, obligations, and requirements of this Act unless otherwise exempted by this Act. Those cemetery associations exempted under this Act shall comply with the provisions of this Article.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑14)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑14. Rules; bond requirement.
(a) The board of trustees of the cemetery association may make any and all rules and regulations for the management of the association not inconsistent with this Article or this Act.
(b) All members of the board of trustees of a cemetery association that fail to maintain the bond or letter of credit as required under this Act shall remain jointly and severally liable for damages and each shall be guilty of a Class A misdemeanor for the first offense and a Class 4 felony for second and subsequent offenses.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑15)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑15. Conveyance of property. Any cemetery association organized under this Act may convey any property that it may hold within a city, village, incorporated town, county not under township organization, or town, to the city, village, incorporated town, county, or town within which this property is located and may convey any property that it may hold within one mile of any city, village, or incorporated town to such city, village, or incorporated town. If the city, village, incorporated town, county, or town accepts the conveyance, then such property shall thereafter be under the control, management, maintenance, and ownership of the city, village, incorporated town, county, or town.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑16)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑16. Grants. Any cemetery association organized under this Article shall be authorized to obtain a grant or grants of federal funds from the United States Government, or from any proper agency thereof, for the construction of a memorial gateway and entrance on property of a cemetery association that is maintained as a national cemetery. Any cemetery association organized under this Act shall be authorized to convey in fee simple to the United States Government, or to any proper agency thereof, such portion of property of such cemetery as is now or may hereafter be maintained as a national cemetery.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑17)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑17. Taxable property. The property, both real and personal, of any cemetery association organized under this Act shall be forever exempt from taxation for any and all purposes.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑18)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑18. Additional property. A cemetery association organized under this Act that has acquired or may hereafter acquire land by purchase, deed, will, or otherwise, and has platted, mapped, and used the land for cemetery purposes, may, when necessary, acquire additional land adjoining or abutting the cemetery.
(Source: P.A. 96‑863, eff. 3‑1‑10.)
(225 ILCS 411/22‑21)
(Section scheduled to be repealed on January 1, 2021)
Sec. 22‑21. Administrative rules. The Department shall have authority to adopt and implement administrative rules relating to all Sections under this Article. The rules may include, but shall not be limited to, rules in those areas relating to forms, fees, requirements, notices, discipline, and any other rule necessary to properly implement the intent of this Article.
(Source: P.A. 96‑863, eff. 3‑1‑10.)