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| | SB3009 Enrolled | | LRB100 17370 JLS 32535 b |
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| 1 | | AN ACT concerning business.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Cemetery Association Act is amended by |
| 5 | | changing Section 4 as follows:
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| 6 | | (805 ILCS 320/4) (from Ch. 21, par. 38)
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| 7 | | Sec. 4.
That said persons so receiving said certificate of
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| 8 | | organization of said association shall proceed to elect from |
| 9 | | their own
number a board of trustees for said association, |
| 10 | | which said board shall
consist of not less than six (6) nor |
| 11 | | more than ten (10) members, as said
persons so receiving said |
| 12 | | certificate may determine; that said trustees
when elected |
| 13 | | shall immediately organize by electing from their own
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| 14 | | membership a president, vice president and treasurer, and shall |
| 15 | | also
elect a secretary, who may or may not be a member of said |
| 16 | | board of
trustees, in their discretion, which said officers |
| 17 | | shall hold their
respective offices for and during the period |
| 18 | | of one (1) year, and until
their successors are duly elected |
| 19 | | and qualified. Said trustees when so
elected shall divide |
| 20 | | themselves by lot into two classes, the first of
which shall |
| 21 | | hold their offices for and during the period of three (3)
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| 22 | | years, and the second of which shall hold their offices for and |
| 23 | | during
the period of six (6) years, and that thereafter the |
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| 1 | | term of office of
said trustees shall be six (6) years, and |
| 2 | | that upon the expiration of
the term of office of any of said |
| 3 | | trustees, or in case of the
resignation or death or removal |
| 4 | | from the State of Illinois of any of
said trustees, or their |
| 5 | | removal from office as provided in this Act act, the
remaining |
| 6 | | trustees, or a majority of them, shall notify the presiding |
| 7 | | officer
of the County Board
in which said cemetery is situated, |
| 8 | | of such vacancy or vacancies in
writing, except that in the |
| 9 | | counties of DuPage, Kane, Kendall, Lake, McHenry, and Will the |
| 10 | | notice shall be provided to the township supervisor of the |
| 11 | | township in which the cemetery is located. Upon receiving |
| 12 | | notice of a vacancy, the and thereupon said presiding officer |
| 13 | | of the county board or, in cases in which the township |
| 14 | | supervisor is the appointing authority, the township |
| 15 | | supervisor with the advice and consent of the township board |
| 16 | | shall appoint some suitable
person or persons to fill such |
| 17 | | vacancy or vacancies; and that thereafter
the presiding officer |
| 18 | | of the county board in which said cemetery association is
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| 19 | | located or, in cases in which the township supervisor is the |
| 20 | | appointing authority, the township supervisor of the township |
| 21 | | in which the cemetery association is located shall always |
| 22 | | appoint some suitable person or persons interested in said |
| 23 | | cemetery
association through family interments or who are |
| 24 | | citizens of
the State of Illinois. If a township in which the |
| 25 | | township supervisor has the appointment authority under this |
| 26 | | Section is dissolved, the appointment authority shall vest in |
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| 1 | | the presiding officer of the county board and the cemetery |
| 2 | | association shall provide notice of vacancies to the presiding |
| 3 | | officer to the county board of the county in which the cemetery |
| 4 | | association is located. A township does not assume any |
| 5 | | financial responsibility with respect to a cemetery |
| 6 | | association because of the appointment authority granted by |
| 7 | | this Section.
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| 8 | | (Source: P.A. 97-679, eff. 2-6-12.)
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