94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4810


 
Introduced 01/18/06, by Rep. Donald L. Moffitt
 
SYNOPSIS AS INTRODUCED:
 		













760 ILCS 100/2b new










    Amends the Cemetery Care Act. Provides that neither a public nor private cemetery may prohibit the use of flag holders and grave markers for veterans unless it (i) has a written policy prohibiting this use, (ii) notifies a prospective purchaser of burial services or of a grave, niche, or mausoleum crypt of the policy, and (iii) posts the policy prominently at all entrances and exits to the cemetery. Provides  that any veteran's flag holder or grave marker displayed on a veteran's grave, niche, or crypt on the effective date of this Act shall be permitted to continue to be used or displayed notwithstanding any policy adopted after the effective date. Effective immediately.
















LRB094 17542 AJO 52838 b

















 


 


A BILL FOR









 











HB4810

LRB094 17542 AJO 52838 b






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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Cemetery Care Act is amended  by adding 
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Section 2b as follows:
 
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    (760 ILCS 100/2b  new)
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    Sec. 2b. Duties of cemetery authorities; graves of 
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veterans. A cemetery authority owning, operating, controlling, 
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or managing a privately or publicly operated cemetery:
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    (a) shall permit the use or display of grave markers or 
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flag holders of official United States military veterans' 
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organizations on the grave, niche, or mausoleum crypt of a 
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United States military veteran whose service or honorable 
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discharge entitled his or her grave, niche, or crypt to display 
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a veteran's grave marker or flag holder.
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    (b) may not prohibit the use or display of an official 
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United States military veterans' organization grave marker or 
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flag hold on the grave, niche, or mausoleum crypt of a United 
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States military veteran whose service or honorable discharge 
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entitled his or her grave, niche, or crypt to display a 
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veteran's grave marker or flag holder unless:

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        (1) the authority has a written policy that prohibits 
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    the use or display of official grave markers or flag 
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    holders of official United States military veterans' 
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    organizations on the grave, niche, or mausoleum crypt of a 
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    United States military veteran located on the cemetery 
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    property;

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        (2) the authority provides written notification of the 
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    cemetery authority's policy that prohibits the use or 
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    display of official grave markers or flag holders of 
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    official United States military veterans' organizations on 
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    the grave, niche, or mausoleum crypt of a United States 
 


 






HB4810
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LRB094 17542 AJO 52838 b




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    military veteran to  any one who is a prospective purchaser 
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    of a grave, niche, mausoleum, crypt, or burial services on 
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    the cemetery property by a notice in any agreement for 
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    burial services or for the purchase of a grave, niche, or 
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    mausoleum crypt that is conspicuous and in bold print that 
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    is a larger typeface than the rest of the typeface used in 
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    the agreement; and

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        (3) the authority provides written notification to the 
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    public and cemetery visitors of the cemetery authority's 
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    policy that prohibits the use or display of official grave 
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    markers or flag holders of official United States military 
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    veterans' organizations on any grave, niche, mausoleum, or 
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    crypt of a United States military veteran by signs that are 
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    legible from a distance of 75 feet and that are posted 
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    prominently at all entrances and exits to the cemetery.

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    (c) Shall allow any grave, niche, or mausoleum crypt that 
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displays an official grave marker or flag holder of an official 
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United State military veterans' organization on the date of 
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this amendatory Act of the 94th General Assembly, to continue 
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to be used or displayed notwithstanding any policy of the 
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cemetery authority adopted after the effective date of this 
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amendatory Act of the 94th General Assembly.

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.