Bill Text: IL HB0301 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Illinois Municipal Code. Makes a technical change in a Section concerning cemetery removal.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB0301 Detail]
Download: Illinois-2011-HB0301-Amended.html
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| 1 | AMENDMENT TO HOUSE BILL 301
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| 2 | AMENDMENT NO. ______. Amend House Bill 301 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Human Skeletal Remains Protection Act is | ||||||
| 5 | amended by adding Section 4.7 as follows:
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| 6 | (20 ILCS 3440/4.7 new) | ||||||
| 7 | Sec. 4.7. Cemetery removal; conflicts with the Illinois | ||||||
| 8 | Municipal Code. Nothing in this Act limits the authority of a | ||||||
| 9 | municipality to exercise its powers and perform its functions | ||||||
| 10 | in a lawful manner in accordance with Division 51 of Article 11 | ||||||
| 11 | of the Illinois Municipal Code nor shall anything in this Act | ||||||
| 12 | be construed to require a municipality exercising its powers | ||||||
| 13 | and performing its functions in a lawful manner in accordance | ||||||
| 14 | with Division 51 of Article 11 of the Illinois Municipal Code | ||||||
| 15 | to obtain a permit under this Act. If there is a conflict | ||||||
| 16 | between the provisions of this Act and Division 51 of Article | ||||||
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| 1 | 11 of the Illinois Municipal Code, the provisions of Division | ||||||
| 2 | 51 of Article 11 of the Illinois Municipal Code shall prevail. | ||||||
| 3 | The changes made by this amendatory Act of the 97th General | ||||||
| 4 | Assembly are declarative of existing law.
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| 5 | Section 10. The Illinois Municipal Code is amended by | ||||||
| 6 | changing Section 11-51-1 as follows:
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| 7 | (65 ILCS 5/11-51-1) (from Ch. 24, par. 11-51-1)
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| 8 | Sec. 11-51-1. Cemetery removal. Whenever any cemetery is | ||||||
| 9 | embraced within
the limits of any
city, village, or | ||||||
| 10 | incorporated town, the corporate authorities thereof,
if, in | ||||||
| 11 | their opinion, any good cause exists why such cemetery should | ||||||
| 12 | be
removed, may cause the remains of all persons interred | ||||||
| 13 | therein to be removed to
some other suitable place. However, | ||||||
| 14 | the corporate authorities shall first
obtain the assent of the | ||||||
| 15 | trustees or other persons having the control or
ownership of | ||||||
| 16 | such cemetery, or a majority thereof, except if the cemetery | ||||||
| 17 | has been abandoned. When such cemetery is owned
by one or more | ||||||
| 18 | private parties, or private corporation or chartered society,
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| 19 | the corporate authorities of such city may require the removal | ||||||
| 20 | of such cemetery
to be done at the expense of such private | ||||||
| 21 | parties, or private corporation or
chartered society, if such | ||||||
| 22 | removal be based upon their application. Nothing
in
this | ||||||
| 23 | Section limits the powers of the City of Chicago to acquire | ||||||
| 24 | property or
otherwise exercise its powers
under
Section 15 of | ||||||
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| 1 | the O'Hare Modernization Act. If there is a conflict between | ||||||
| 2 | the provisions of this Section and the Human Skeletal Remains | ||||||
| 3 | Protection Act, the provisions of this Section shall prevail. | ||||||
| 4 | The changes made by this amendatory Act of the 97th General | ||||||
| 5 | Assembly are declarative of existing law.
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| 6 | (Source: P.A. 93-450, eff. 8-6-03.)
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| 7 | Section 99. Effective date. This Act takes effect upon | ||||||
| 8 | becoming law.".
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