Illinois Annotations

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  1. Protection

      1. What acts prohibited by law serve to protect burials by providing criminal sanctions?

        Permit; disturbing human skeletal remains and artifacts

        [20 ILCS 3440/4/5/6/7]

        It is against the law for a person, either by himself or a person acting on his behalf, to intentionally interfere with:

        1. Human skeletal remains

        2. Grave artifacts in unregistered graves

        3. Grave markers

        that are protected by this act unless that person obtains a permit issued by the Historic Preservation Agency.

        Further, it is illegal for a person, either by himself or a person acting on his behalf, to:

        1. Offer human skeletal remains

        2. Grave artifacts or grave markers for sale or exchange with the knowledge that they have been collected or dug up in violation of this act.

        Criminal trespass to real property

        [§ 720 ILCS Sec. 21-3]

        To further protect burials, laws against trespass to property can be used. The Illinois statute has defined "criminal trespass to real property" broadly. The examples that the statute listed are:

        1. Knowingly and illegally entering or remaining within or on a building (this does not apply to being in a building which is open to the public while the building is open to the public during its normal hours of operation. It also does not apply to a person who enters a public building under the reasonable belief that the building is still open to the public).

        2. Going on the land of another person, despite notice from the owner before entering, that such entry is not allowed.

        3. Staying on the land of another person after receiving notice from the owner or occupant of the land to leave.

        4. Presenting false documents or falsely representing his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land.[1]

        5. Committing a Class B misdemeanor

        Except as otherwise provided in this subsection, whoever enters:

        (1) A field that is used for growing crops or that is capable of being used for growing crops.

        (2) An enclosed area containing livestock.

        (3) An orchard.

        (4) A barn or other agricultural building containing livestock.

        on a motor vehicle (including an off-road vehicle, motorcycle, moped, or any other powered two-wheel vehicle) after receiving, prior to that entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the area after receiving notice from the owner or occupant to depart commits a Class A misdemeanor.

        A person has been notified under Illinois law if:

        1. He or she has been told orally or in writing

        2. If a printed or written notice forbidding such entry has been clearly posted at the main entrance to a part of land or the forbidden part of the particular piece of land.

        This section of the Illinois code does not apply to any person who lives on the land with the permission or the owner or of his agent having apparent authority to hire workers on the land and assigning them a place to live on the land. This section also does not apply to anyone living on the land by some agreement with the owner or his agent, e.g. a lease or by request. Visitors to workers on the land or other individuals visiting residents of the land are also exempt.

        A person will not be prosecuted under this law if he or shebeautifies[2] unoccupied[3] and abandoned residential and industrial properties located within any municipality. Further, no one will be liable in any civil action for money damages to the owner of unoccupied and abandoned residential and industrial property which that person beautifies. However, a person is not forbidden from entering the building or on the land of another person if there is an emergency[4]purpose.

        A person may be liable in any civil action for money damages to the owner[5] of the land[6] he or she entered upon with a motor vehicle.[7] That person may also have to pay court costs and reasonable attorney’s fees. The ways that damages are calculated are:

        1. The measure of damages shall be the cost of the actual damages. However, if the vehicle is operated in a nature preserve or registered area the measure of damages must be not less than $250.

        2. The measure of damages will be calculated as being twice the actual damages if the owner has previously notified the person to cease trespassing.

        3. In any other case, the actual damages, but not less than $ 50.

        If the person operating the vehicle[8] is under the age of 16, the owner of the vehicle and the parent or legal guardian of the minor are jointly and severally liable.

        Institutional vandalism

        [§ 720 ILCS 5/21-1.2]

        In addition to statutes that prohibit trespass, anti-vandalism statutes can be used to protect burials. A person commits institutional vandalism when, by reason of the actual or perceived race, color, creed, religion or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he or she knowingly and without consent inflicts damage to any of the following properties:

        1. A church, synagogue, mosque, or other building, structure or place used for religious worship or other religious purpose.

        2. A cemetery, mortuary, or other facility used for the purpose of burial or memorializing the dead.

        3. A school, educational facility or community center.

        4. The grounds adjacent to, and owned or rented by, any institution, facility, building, structure or place mentioned in numbers 1, 2 and 3.

        5. Any personal property contained in any institution, facility, building, structure or place mentioned in numbers 1, 2 and 3.

        Important things to known about institutional vandalism are:

        · Institutional vandalism is a Class 3 felony if the damage to the property does not exceed $300.

        · However, institutional vandalism is a Class 2 felony if the damage to the property exceeds $ 300.

        · Institutional vandalism is a Class 2 felony for any second or subsequent offense.

        Once a sentence has been imposed, the trial court can order that restitution is paid to the victim or fine the perpetrator up to $1,000. In addition, any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency shall include a condition that the offender performs public or community service of no less than 200 hours if that service is established in the county where the offender was convicted of institutional vandalism. The court can also impose other conditions of probation or conditional discharge.

        Independent of any criminal prosecution or the result of that prosecution, a person suffering damage to property or injury to his or her person as a result of institutional vandalism may bring a civil action for damages, injunction or other appropriate relief. The court may award actual damages, including damages for emotional distress, or punitive damages. A judgment may include attorney's fees and costs.

        The parents or legal guardians of a minor, other than guardians appointed under the Juvenile Court Act or the Juvenile Court Act of 1987, shall be liable for the amount of any judgment for actual damages rendered against the minor in an amount not exceeding the amount provided under Section 5 of the Parental Responsibility Law.[9]

      2. What acts prohibited by law serve to protect burials by providing civil or administrative sanctions?

        Civil Damages

        A way that burials are protected is by civil penalties. Individuals who are guilty of disturbing human skeletal remains, grave artifacts in unregistered graves or grave markers shall also be liable for civil damages, which are to be assessed by the Historic Preservation Agency.

        Civil damages may include:

        1. Forfeiture of any and all equipment used in disturbing the protected unregistered graves or grave markers;

        2. Any and all costs incurred in cleaning, restoring, analyzing, accessioning and curating the recovered materials;

        3. Any and all costs associated with restoring the land to its original contour or the grave marker to its original condition;

        4. Any and all costs associated with recovery of data, and analyzing, publishing, accessioning and curating materials when the prohibited activity is so extensive as to preclude the restoration of the unregistered burials or grave markers;

        5. Any and all costs associated with the reinterment of the human skeletal remains;

        6. Any and all costs associated with the determination and collection of the civil damages.

        When civil damages are recovered through the Attorney General, the proceeds shall be deposited into the Historic Sites Fund.

        When civil damages are recovered through the State's Attorney, the proceeds shall be deposited into the county funds designated by the county board.

      3. What are the time limitations for bringing a criminal action?

        Criminal Laws

        [§ 720 ILCS 5/3-5]

        (This Portion Is Subsection A)

        The time limitations for bringing a criminal action depends on the type of crime it is. A prosecution for acts which fall under Clause 1 of the criminal code, which are:

        · First degree murder

        · Attempt to commit first degree murder

        · Second degree murder

        · Involuntary manslaughter

        · Reckless homicide

        · Leaving the scene of a motor vehicle accident involving death or personal injuries[10]

        · Failing to give information and render aid[11]

        · Concealment of homicidal death

        · Treason

        · Arson

        · Aggravated arson

        · Forgery

        Or acts which fall under Clause 2 of the criminal code, which are:

        · Any offense involving sexual conduct or sexual penetration[12]

        May be commenced at any time.

        Clause 2 applies if either:

        · The victim reported the offense to law enforcement authorities within 2 years after the commission of the offense unless a longer period for reporting the offense to law enforcement authorities is provided[13] or

        · The victim is murdered during the course of the offense or within 2 years after the commission of the offense.

        (This Portion Is Subsection B)

        Unless the statute describing the offense provides otherwise, or the period of limitation is extended,[14] a prosecution for any offense not designated in Subsection A must be commenced within 3 years after the commission of the offense if it is a felony, or within one year and 6 months after its commission if it is a misdemeanor.

        The time period by which a prosecution can commenced can be extended however. The circumstances by which a prosecution can be extended are when:

        A prosecution for theft involving a breach of a fiduciary obligation to the aggrieved person may be commenced as follows:

        · If the aggrieved person is a minor or a person under legal disability, then during the minority or legal disability or within one year after the termination thereof.

        · In any other instance, within one year after the discovery of the offense by an aggrieved person, or by a person who has legal capacity to represent an aggrieved person or has a legal duty to report the offense, and is not himself or herself a party to the offense; or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense.[15]

        · A prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced within one year after discovery of the offense by a person having a legal duty to report such offense, or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense.[16]

        · A prosecution for any offense involving sexual conduct or sexual penetration[17] where the victim and defendant are family members[18] may be commenced within one year of the victim attaining the age of 18 years.[19]

        · A prosecution for child pornography, indecent solicitation of a child, soliciting for a juvenile prostitute, juvenile pimping or exploitation of a child may be commenced within one year of the victim attaining the age of 18 years.[20]

        · When the victim is under 18 years of age, a prosecution for criminal sexual abuse may be commenced within one year of the victim attaining the age of 18 years. [21]

        · Except as otherwise provided in subdivision (j), a prosecution for any offense involving sexual conduct or sexual penetration[22], where the defendant was within a professional or fiduciary relationship or a purported professional or fiduciary relationship with the victim at the time of the commission of the offense may be commenced within one year after the discovery of the offense by the victim.

        · A prosecution for any offense set forth in Section 44 of the "Environmental Protection Act", approved June 29, 1970[23], may be commenced within 5 years after the discovery of such an offense by a person or agency having the legal duty to report the offense or in the absence of such discovery, within 5 years after the proper prosecuting officer becomes aware of the offense.

        · (This is section I) Except as otherwise provided in subdivision (j), a prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse may be commenced within 10 years of the commission of the offense if the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense.[24]

        · (This is Subsection J) When the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse or a prosecution for failure of a person who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act[25] may be commenced within 20 years after the child victim attains 18 years of age.[26]

        · A prosecution for theft involving real property exceeding $ 100,000 in value[27], identity theft[28], aggravated identity theft[29], or any offense set forth in Article 16H[30] may be commenced within 7 years of the last act committed in furtherance of the crime.

        Periods excluded from limitation

        [§ 720 ILCS 5/3-7]

        However, there are periods that are excluded from limitation. The period within which a prosecution must be commenced does not include any period in which:

        · The defendant is not usually and publicly resident within this State; or

        · The defendant is a public officer and the offense charged is theft of public funds while in public office; or

        · A prosecution is pending against the defendant for the same conduct, even if the indictment or information which commences the prosecution is quashed or the proceedings thereon are set aside, or are reversed on appeal; or

        · A proceeding or an appeal from a proceeding relating to the quashing or enforcement of a Grand Jury subpoena issued in connection with an investigation of a violation of a criminal law of this State is pending. However, the period within which a prosecution must be commenced includes any period in which the State brings a proceeding or an appeal from a proceeding specified in this; or

        · A material witness is placed on active military duty or leave.[31]

        · The victim of unlawful force or threat of imminent bodily harm to obtain information or a confession is incarcerated, and the victim's incarceration, in whole or in part, is a consequence of the unlawful force or threats.

        Limitation on offense based on series of acts

        [§ 720 ILCS 5/3-8]

        When an offense is based on a series of acts performed at different times, the period of limitation starts at the time when the last such act is committed.

      4. What are the time limitations for bringing a civil action?

        Five year limitation

        [§ 735 ILCS 5/13-205]

        Actions on:

        · Unwritten contracts, expressed or implied, or

        · On awards of arbitration, or

        · To recover damages for an injury done to property, real or personal, or

        · To recover the possession of personal property or damages for the detention or conversion thereof, and

        · All civil actions not otherwise provided for

        shall be commenced within 5 years next after the cause of action accrued.[32]

        Ten year limitation

        [§ 735 ILCS 5/13-206]

        Except as provided in Section 2-725 of the "Uniform Commercial Code"[33] actions on:

        · Bonds

        · Promissory notes

        · Bills of exchange

        · Written leases

        · Written contracts or other evidences of indebtedness in writing and

        · Actions brought under the Illinois Wage Payment and Collection Act[34]

        shall be commenced within 10 years next after the cause of action accrued.

        But if any payment or new promise to pay has been made, in:

        · Writing, on any bond

        · Note

        · Bill

        · Lease

        · Contract, or

        · Other written evidence of indebtedness

        within or after the period of 10 years, then an action may be commenced thereon at any time within 10 years after the time of such payment or promise to pay.

        For purposes of this Section, with regard to promissory notes dated on or after the effective date of this amendatory Act of 1997, a cause of action on a promissory note payable at a definite date accrues on the due date or date stated in the promissory note or the date upon which the promissory note is accelerated.

        With respect to a demand promissory note dated on or after the effective date of this amendatory Act of 1997, if a demand for payment is made to the maker of the demand promissory note, an action to enforce the obligation of a party to pay the demand promissory note must be commenced within 10 years after the demand.

        An action to enforce a demand promissory note is barred if neither principal nor interest on the demand promissory note has been paid for a continuous period of 10 years and no demand for payment has been made to the maker during that period.

        State and United States

        [§ 735 ILCS 5/13-111]

        Sections 13-109 and 13-110 of this Act[35] shall not:

        · Extend to lands or tenements owned by the United States or of this State

        · To school and seminary lands, nor to lands held for the use of religious societies

        · To lands held for any public purpose.

        To lands or tenements when there is an adverse title to such lands or tenements, and the holder of such adverse title is a minor, person under legal disability, imprisoned, out of the limits of the United States, and in the employment of the United States or of this State.

        Such person shall commence an action to recover such lands or tenements so possessed, as above set out, within 3 years after the several disabilities herein enumerated cease to exist, and shall prosecute such action to judgment, or in case of vacant and unoccupied land, shall, within the time last set out, pay to the person or persons who have paid the same, all the taxes, with interest thereon, at the rate of 12% per annum, that have been paid on such vacant and unimproved land.

        The exceptions provided in this Section shall not apply to the provisions of Sections 13-118 through 13-121 of this Act [735 ILCS 5/13-118 through 735 ILCS 5/13-121].

        Personal injury -- Penalty

        [§ 735 ILCS 5/13-202]

        Actions for damages:

        · For an injury to the person

        · For false imprisonment

        · Malicious prosecution

        · For a statutory penalty

        · For abduction

        · For seduction

        · For criminal conversation (except damages resulting from first degree murder)

        · The commission of a Class X felony (and the perpetrator thereof is convicted of such crime)

        shall be commenced within 2 years next after the cause of action accrued.

        However, such an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the "Criminal Victims' Escrow Account Act"[36] shall be commenced within 2 years after the establishment of such account.

        If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the 2-year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later.

        However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act.[37]

        Civil Action Limitations[38]

        (a) No civil action other than an action described in subsection (b) may be commenced in any court against a local entity or any of its employees for any injury unless:

        · It is commenced within one year from the date that the injury was received or

        · The cause of action accrued.

        (b) No action for damages for injury or death against any local public entity or public employee,[39] arising out of patient care shall be brought more than 2 years after the date on which:

        1. The claimant knew, or

        2. Through the use of reasonable diligence should have known, or

        3. Received notice in writing of the existence of the injury or death for which damages are sought in the action,

        Whichever of those dates occurs first.

        In no event shall such an action be brought more than 4 years after the date on which occurred the act or omission or occurrence alleged in the action to have been the cause of the injury or death.[40]

  2. Preservation and Compliance

      1. How do the state (and local) governments legally regulate non-governmental activity affecting burials?

        Acquisition and conveyance

        [§ 765 ILCS 820/1]

        One way the state government legally regulates non-government activity affecting burials is by regulating cemetery associations. All cemetery associations, or companies incorporated for cemetery purposes, by any general or special law of this State may acquire by purchase, gift or legacy, and may hold, own and convey for burial purposes only, so much land as may be necessary for use as a cemetery or burial place for the dead.

        Cemetery company land not used for burial

        [§ 765 ILCS 810/1]

        That in all cases where cemetery companies, incorporated by special law, have been or shall be prohibited by any act of the legislature or municipal ordinance from occupying any land purchased for burial purposes, and the boundaries limited by such law or ordinance, it shall and may be lawful for any such company to sell and convey the land outside of such boundaries for other than burial purposes.

        Conveyance of burial places to county

        [§ 765 ILCS 805/1]

        Any person or persons desiring to dedicate any lot of land, not exceeding five acres, as:

        · A burying ground or place for the interment of the dead or

        · For the use of any society, association or neighborhood

        may, by deed duly executed or recorded, convey such land to the county in which it is situated, by the corporate name of such county, specifying in such deed the society, association or neighborhood for the use of which the dedication is desired to be made, and thereby vest the title to such land, in perpetuity, for the uses stated in the deed, and such land shall be thereafter exempt from taxes for all purposes whatever.

      2. Which laws (if any) affect public lands but not private lands?

        Annexation -- Petition by commissioners

        [§ 70 ILCS 605/8-3]

        When any land lying outside of a district has been:

        1. Connected to a district drain or has been or

        2. Will be benefited or protected by any district work done or

        3. Ordered to be done

        The commissioners may petition the court to annex such land to the district.

        The petition shall include a description of:

        1. The land proposed to be annexed

        2. The name of the owner, when known, and

        3. A general description of the connection which has been made or a general description of the manner in which the land has been or will be benefited or protected.

        Annexing lands to and detaching lands from subdistricts and minor subdistricts

        [§ 70 ILCS 605/8-14]

        Lands may be annexed to or detached from subdistricts or minor subdistricts in the same manner and with the same effect as is hereinbefore provided for the annexation of lands to and the detachment of lands from main districts.

        When land is annexed to a main district, it may, in the same proceeding and without a separate petition or a separate hearing, be annexed to a subdistrict or a minor subdistrict.

        When land is detached from a main district, it shall, in the same proceeding and without a separate petition or a separate hearing, be detached from any subdistrict or minor subdistrict in which such detached land is situated.

        Land Acquisition

        [§ 20 ILCS 1920/2.06]

        The Department shall acquire by:

        · Purchase

        · Exchange

        · Gift

        · Condemnation

        or otherwise, the fee simple title or any lesser interest in and to such land, rights or other property as the Department considers necessary for the reclamation of abandoned lands.

        Title to all lands acquired pursuant to this Section shall be in the name of the State. The price paid for land acquired under this Section shall reflect the market value of the land as adversely affected by past mining practices.

  3. Decision Making

      1. What authorities have been created and empowered by law to make decisions affecting burials, and what is the scope of their powers?

        Powers and duties of cemetery authorities; cemetery property maintained by cemetery care funds

        [§ 760 ILCS 100/2a]

        Cemetery property is maintained by cemetery care funds. 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.

        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.

        In addition, from time to time as land in its cemetery may be required for burial purposes, a cemetery authority may 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 for good cause shown.

        A cemetery authority shall keep a record of every interment, entombment, and inurnment in the cemetery. The record shall include:

        1. The deceased's name

        2. Age and

        3. Date of burial (when these particulars can be conveniently obtained) and

        4. The lot

        5. 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.

        A cemetery authority shall provide access to the cemetery under the cemetery authority's reasonable rules and regulations.

        That cemetery associations incorporated by the laws of this state, and owning land in any cemetery located in any county of less than one hundred thousand inhabitants, shall have power to sell such lands so owned by said association and not suitable or required for burial purposes, and in which no person shall have been buried.

        This is provided that the trustees or other officers having control of such cemetery, shall first call a meeting of the lot owners in such cemetery, at which a vote shall be taken in regard to such sale, and if a majority of the votes so cast shall be in favor of such sales, the trustees or other officers having control of such cemetery shall have power to sell such lands, as hereinafter provided.

        Any church, congregation, society or corporation that is:

        1. Formed for religious purposes or

        2. For the purpose of religious worship[41]

        May receive land by gift, legacy or purchase and make, erect, and build thereon such houses, buildings, or other improvements as may be necessary for the convenience, comfort and welfare of such church, congregation, society or corporation.

        Also, churches, congregations, societies or corporations may layout and maintain thereon a cemetery or cemeteries, or a burying ground or grounds and may maintain and build thereon schools, orphan asylums, or such other improvements or buildings as may be necessary for the educational, eleemosynary, cemetery and religious purposes of such congregation, church, society or corporation.

        However, no property shall be used except in the manner expressed in the gift, grant or legacy.

        This limitation on the disposition of real property does not apply to the extent that a restriction imposed by a donor on the use of an institutional fund may be released by the governing board of an institution under the "Uniform Management of Institutional Funds Act".[42]

        However, if no use or trust is so expressed, no such property shall be used except:

        1. For the benefit of the congregation, corporation, church or society, for which it was intended or

        2. For such religious, educational or eleemosynary purpose as may be approved by such congregation, church, society or corporation or the ecclesiastical body having jurisdiction or patronage of or charge over such congregation, corporation, church or society.

        Any corporation, that presently exist and that will later be formed for religious purposes under any of the provisions of this Act or under any other law of this State incorporating or for the incorporation of religious corporations or societies, which now or hereafter owns, operates, maintains or controls a cemetery or cemeteries, or a burial ground or grounds, is hereby authorized and empowered to accept by gift, grant, contribution, payment, or legacy, or pursuant to contract, any sum of money, funds, securities or property of any kind, or the income or avails thereof, and to hold the same in trust in perpetuity for the care of such cemetery or cemeteries, burial ground or grounds, or for the care of any lot, grave or crypt therein. Such income and property can be used for the special care of any lot, grave or crypt or of any family mausoleum or memorial, marker, or monument in such cemetery or cemeteries, burial ground or grounds.

        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, such corporation is authorized and empowered to sell such property and to invest the funds obtained in accordance with the provisions of the "Uniform Management of Institutional Funds Act"[43] or the provisions of the next succeeding paragraph.

        The trust funds authorized by this Section shall be held intact and, unless otherwise restricted by the terms of the gift, grant, legacy, contribution, payment, contract or other payment shall be invested, from time to time reinvested, and kept invested by such corporation in such investments as are authorized by the "Uniform Management of Institutional Funds Act",        [44] and according to such standards as are prescribed, for trustees under that Act and the "Trusts and Trustees Act",[45] and the net income only from such investments shall be allocated and used for the purposes set forth in the paragraph immediately preceding.

        The trust funds authorized by this Section may be commingled and may also be commingled with any other trust funds received by such corporation for the care of the cemetery or cemeteries, or burial ground or grounds, or for the care or special care of any lot, grave, crypt, private mausoleum, memorial, marker, or monument whether received by gift, grant, legacy, contribution, payment, contract or other conveyance heretofore or hereafter made to such corporation.

        The trust funds authorized by this Section, and the income therefrom, shall be exempt from taxation and exempt from the operation of the laws against perpetuities and accumulations.

        Powers and duties of cemetery authorities; cemetery property maintained by cemetery care funds

        [§ 760 ILCS 100/2a]

        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.

        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.

        In addition, such an authority 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 paragraph for good cause shown.

        A cemetery authority 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.

        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.

        Power to sell lands

        [§ 765 ILCS 815/1]

        That cemetery associations incorporated by the laws of this state, and owning land in any cemetery located in any county of less than one hundred thousand inhabitants, shall have power to sell such lands so owned by said association and not suitable or required for burial purposes, and in which no person shall have been buried.

        This provision is provided if the trustees or other officers having control of such cemetery, shall first call a meeting of the lot owners in such cemetery, at which a vote shall be taken in regard to such sale, and if a majority of the votes so cast shall be in favor of such sales, the trustees or other officers having control of such cemetery shall have power to sell such lands, as hereinafter provided.

        Permits for removal; regulations

        [§ 20 ILCS 3440/13]

        The Historic Preservation Agency shall develop regulations, in consultation with the Illinois State Museum, whereby permits may be issued for the removal of human skeletal remains and grave artifacts from unregistered graves or the removal of grave markers.

        Each permit shall specify all terms and conditions under which the removal of human skeletal remains, grave artifacts, or grave markers shall be carried out. All costs accrued in the removal of the aforementioned materials shall be borne by the permit applicant. Upon completion of the project, the permit holder shall submit a report of the results to the Historic Preservation Agency.

  4. Special Funding Sources

      1. What special funding has been created by law that may be used to protect and preserve burials?

        Payment under pre-need contract

        [§ 225 ILCS 45/1]

        Provisions have been made to protect and preserve burials. Except as otherwise provided in this Section, all sales proceeds paid to any person, partnership, association or corporation with respect to merchandise or services covered by this Act, upon any agreement or contract, or any series or combination of agreements or contracts, which has for a purpose

        1. The furnishing or performance of funeral services, or

        2. The furnishing or delivery of any personal property, merchandise, or services of any nature

        In connection with the final disposition of a dead human body, including, but not limited to, outer burial containers, urns, combination casket-vault units, caskets and clothing, for future use at a time determinable by the death of the person or persons whose body or bodies are to be so disposed of, shall be held to be trust funds, and shall be placed in trust[46] or shall be used to purchase life insurance or annuities.[47]

        The person, partnership, association or corporation receiving said payments under a pre-need contract is hereby declared to be a trustee thereof until deposits of funds are made.[48] Persons holding less than $ 500,000 in trust funds may continue to act as the trustee after the funds are deposited.[49]

        Nothing in this Act shall be construed to prohibit the inclusion of outer burial containers in sales contracts under the Illinois Pre-Need Cemetery Sales Act.[50]

        Pre-Need Contracts

        [§ 225 ILCS 45/1a-1.]

        It shall be unlawful for any seller doing business within this State to accept sales proceeds from a purchaser, either directly or indirectly by any means, unless the seller enters into a pre-need contract with the purchaser which meets the following requirements:

        1. It states the name and address of the principal office of the seller and the parent company of the seller, if any.

        2. It clearly identifies the provider's name and address, the purchaser, and the beneficiary, if other than the purchaser.

        3. If the provider has branch locations, the contract gives the purchaser the opportunity to identify the branch at which the funeral will be provided.

        4. It contains a complete description of the funeral merchandise and services to be provided and the price of the merchandise and services, and it clearly discloses whether the price of the merchandise and services is guaranteed or not guaranteed as to price.

        Each guaranteed price contract shall contain the following statement in 12 point bold type:

        "THIS CONTRACT GUARANTEES THE BENEFICIARY THE SPECIFIC GOODS AND SERVICES CONTRACTED FOR. NO ADDITIONAL CHARGES MAY BE REQUIRED. FOR DESIGNATED GOODS AND SERVICES, ADDITIONAL CHARGES MAY BE INCURRED FOR UNEXPECTED EXPENSES INCLUDING, BUT NOT LIMITED TO, CASH ADVANCES, SHIPPING OF REMAINS FROM A DISTANT PLACE, OR DESIGNATED HONORARIA ORDERED OR DIRECTED BY SURVIVORS."

        Except as provided in subparagraph (C) of this paragraph, each non-guaranteed price contract shall contain the following statement in 12 point bold type:

        "THIS CONTRACT DOES NOT GUARANTEE THE PRICE THE BENEFICIARY WILL PAY FOR ANY SPECIFIC GOODS OR SERVICES. ANY FUNDS PAID UNDER THIS CONTRACT ARE ONLY A DEPOSIT TO BE APPLIED TOWARD THE FINAL PRICE OF THE GOODS OR SERVICES CONTRACTED FOR. ADDITIONAL CHARGES MAY BE REQUIRED."

        (C) If a non-guaranteed price contract may subsequently become guaranteed, the contract shall clearly disclose the nature of the guarantee and the time, occurrence, or event upon which the contract shall become a guaranteed price contract.

        It provides that if the particular supplies and services specified in the pre-need contract are unavailable at the time of delivery, the provider shall be required to furnish supplies and services similar in style and at least equal in quality of material and workmanship.

        It discloses any penalties or restrictions, including but not limited to geographic restrictions or the inability of the provider to perform, on the delivery of merchandise, services, or pre-need contract guarantees.

        Regardless of the method of funding the pre-need contract, the following must be disclosed:

        1. Whether the pre-need contract is to be funded by a trust, life insurance, or an annuity;

        2. The nature of the relationship among the person funding the pre-need contract, the provider, and the seller; and

        3. The impact on the pre-need contract of (i) any changes in the funding arrangement including but not limited to changes in the assignment, beneficiary designation, or use of the funds; (ii) any specific penalties to be incurred by the contract purchaser as a result of failure to make payments; (iii) penalties to be incurred or moneys or refunds to be received as a result of cancellations; and (iv) all relevant information concerning what occurs and whether any entitlements or obligations arise if there is a difference between the proceeds of the particular funding arrangement and the amount actually needed to pay for the funeral at-need.

        5. The method of changing the provider.

        All pre-need contracts are subject to the Federal Trade Commission Rule concerning the Cooling-Off Period for Door-to-Door Sales.        [51]

        No pre-need contract shall be sold in this State unless there is a provider for the services and personal property being sold. If the seller is not a provider, then the seller must have a binding agreement with a provider, and the identity of the provider and the nature of the agreement between the seller and the provider shall be disclosed in the pre-need contract at the time of the sale and before the receipt of any sales proceeds.

        The failure to disclose the identity of the provider, the nature of the agreement between the seller and the provider, or any changes thereto to the purchaser and beneficiary, or the failure to make the disclosures in this section constitutes an intentional violation of this Act.

        All pre-need contracts must be in writing in at least 11 point type, numbered, and executed in duplicate. A signed copy of the pre-need contract must be provided to the purchaser at the time of entry into the pre-need contract. The Comptroller may by rule develop a model pre-need contract form which meets the requirements of this Act.

        The State Comptroller shall by rule develop a booklet for consumers in plain English describing the scope, application, and consumer protections of this Act. After the adoption of these rules, no pre-need contract shall be sold in this State unless:

        1. The seller distributes to the purchaser prior to the sale a booklet promulgated or approved for use by the State Comptroller

        2. The seller explains to the purchaser the terms of the pre-need contract prior to the purchaser signing and

        3. The purchaser initials a statement in the contract confirming that the seller has explained the terms of the contract prior to the purchaser signing.

        All sales proceeds received in connection with a pre-need contract shall be deposited into a trust account as provided in this Act or shall be used to purchase a life insurance policy or tax-deferred annuity as provided in this Act.

        No pre-need contract shall be sold in this State unless it is accompanied by a funding mechanism permitted under this Act, and unless the seller is licensed by the Comptroller. Nothing in this Act is intended to relieve sellers of pre-need contracts from being licensed under any other Act required for their profession or business, and being subject to the rules promulgated to regulate their profession or business, including rules on solicitation and advertisement.

        Deposits to trust account

        [§ 225 ILCS 45/1b]

        Whenever a seller receives sales proceeds under a pre-need contract that the purchaser elects to fund by a trust agreement, the seller may retain an initial amount equal to 5% of the purchase price of the services, personal property or merchandise, or 15% of the purchase price of outer burial containers. Thereafter, a seller shall deposit into trust the amounts specified in this Section so that no later than upon the final payment on the contract, the trust shall equal or exceed 95% of the purchase price of all services, personal property, or merchandise, except for outer burial containers, and 85% of the purchase price of outer burial containers.

        In the event that sales proceeds to be deposited into a trust are received pursuant to a cash sale or a retail installment contract, the seller may retain the initial percentage authorized by the first paragraph of this Section and any finance charge paid by the purchaser, and thereafter shall deposit into the trust the entire balance of sales proceeds received.

        In the event that the deposits into a trust required by this Section do not, after final payment by the consumer, result in the trust containing at least 95% of the sales price of all services, personal property or merchandise, except for outer burial containers and 85% of the purchase price of outer burial containers, the seller shall make an additional deposit into the trust in an amount sufficient to meet these percentages.

        The trustee may not be the seller or provider of funeral services or merchandise unless the seller holds sales of less than $ 500,000 in trust, and deposits funds for which the seller is acting as trustee in:

        1. Withdrawable accounts of State chartered or federally chartered savings and loan associations insured by the Federal Deposit Insurance Corporation

        2. Deposits or certificates of deposits in State or federal banks insured by the Federal Deposit Insurance Corporation

        3. Share accounts or share certificate accounts in a State or federal credit union, the accounts of which are insured as required by the Illinois Credit Union Act[52] or the Federal Credit Union Act[53], as applicable.

        Deposit of trust funds; approved instructions

        § 225 ILCS 45/2

        If a purchaser selects a trust arrangement to fund the pre-need contract, all trust deposits as determined by 225 ILCS 45/1bshall be made within 30 days of receipt.

        A trust established under this Act must be maintained:

        1. In a trust account established in a bank, savings and loan association, savings bank, or credit union authorized to do business in Illinois in which accounts are insured by an agency of the federal government or

        2. In a trust company authorized to do business in Illinois.

        Trust agreements and amendments to the trust agreements used to fund a pre-need contract shall be filed with the Comptroller.

        A seller or provider shall furnish to the trustee and depositary the name of each payer and the amount of payment on each such account for which deposit is being so made. Nothing shall prevent the trustee or a seller or provider acting as a trustee in accordance with this Act from commingling the deposits in any such trust fund for purposes of its management and the investment of its funds as provided in the Common Trust Fund Act.        [54] In addition, multiple trust funds maintained under this Act may be commingled or commingled with other funeral or burial related trust funds if all record keeping requirements imposed by law are met.

        Trust funds may be maintained in a financial institution which is located in a state adjoining this State where:

        1. The financial institution is located within 50 miles of the border of this State

        2. Its accounts are federally insured and

        3. It has registered with the Illinois Secretary of State for purposes of service of process.

        Upon notice to the Comptroller, the seller may change the trustee of the fund.

        Investment of funds

        [§ 225 ILCS 45/4a]

        A trustee shall, with respect to the investment of trust funds, exercise the judgment and care under the circumstances then prevailing that 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.

        The trust shall be a single-purpose trust fund. In the event of the seller's bankruptcy, insolvency or assignment for the benefit of creditors, or an adverse judgment, the trust funds shall not be available to any creditor as assets of the seller or to pay any expenses of any bankruptcy or similar proceeding, but shall be distributed to the purchasers or managed for their benefit by the trustee holding the funds.

        Except in an action by the Comptroller to revoke a license issued pursuant to this Act and for creation of a receivership as provided in this Act, the trust shall not be subject to judgment, execution, garnishment, attachment, or other seizure by process in bankruptcy or otherwise, nor to sale, pledge, mortgage, or other alienation, and shall not be assignable except as approved by the Comptroller.

        Because it is not known at the time of deposit or at the time that income is earned on the trust account to whom the principal and the accumulated earnings will be distributed for the purpose of determining the Illinois income tax due on these trust funds, the principal and any accrued earnings or losses related to each individual account shall be held in suspense until the final determination is made as to whom the account shall be paid. The beneficiary's estate shall not be responsible for any funeral and burial purchases listed in a pre-need contract if the pre-need contract is entered into on a guaranteed price basis.

        If a pre-need contract is not a guaranteed price contract, then to the extent the proceeds of a non-guaranteed price pre-need contract cover the funeral and burial expenses for the beneficiary, no claim may be made against the estate of the beneficiary. A claim may be made against the beneficiary's estate if the charges for the funeral services and merchandise at the time of use exceed the amount of the amount in trust plus the percentage of the sale proceeds initially retained by the seller or the face value of the life insurance policy or tax-deferred annuity.

        Trust funds shall not be invested by the trustee in life insurance policies or tax-deferred annuities unless the following requirements are met:

        1. The company issuing the life insurance policies or tax-deferred annuities is licensed by the Illinois Department of Insurance and the insurance producer or annuity seller is licensed to do business in the State of Illinois;

        2. Prior to the investment, the purchaser approves, in writing, the investment in life insurance policies or tax-deferred annuities;

        3. Prior to the investment, the purchaser is notified by the seller in writing about the disclosures required for all pre-need contracts and the purchase of life insurance or a tax-deferred annuity is subject to the requirements of this Act.

        4. Prior to the investment, the trustee informs the Comptroller that trust funds shall be removed from the trust account to purchase life insurance or a tax-deferred annuity upon the written consent of the purchaser

        5. The purchaser retains the right to refund provided for in this Act, unless the pre-need contract is sold on an irrevocable basis as provided in this Act and

        6. Notice must be given in writing that the cash surrender value of a life insurance policy may be less than the amount provided for by the refund provisions of the trust account.

        Grant amounts

        [§ 305 ILCS 5/12-4.11]

        The Department, with due regard for and subject to budgetary limitations, shall establish grant amounts for each of the programs, by regulation. The grant amounts may vary by program, size of assistance unit and geographic area.

        Aid payments shall not be reduced except:

        1. For changes in the cost of items included in the grant amounts or

        2. For changes in the expenses of the recipient

        3. For changes in the income or resources available to the recipient,

        4. For changes in grants resulting from adoption of a consolidated grant amount.

        In fixing standards to govern payments or reimbursements for funeral and burial expenses, the Department shall establish a minimum allowable amount of not less than $ 1,000 for Department payment of funeral services and not less than $ 500 for Department payment of burial or cremation services.

        On January 1, 2006, July 1, 2006, and July 1, 2007, the Department shall increase the minimum reimbursement amount for funeral and burial expenses under this Section by a percentage equal to the percentage increase in the Consumer Price Index for All Urban Consumers, if any, during the 12 months immediately preceding that January 1 or July 1.

        In establishing the minimum allowable amount, the Department shall take into account the services essential to a dignified, low-cost (i) funeral and (ii) burial or cremation, including reasonable amounts that may be necessary for burial space and cemetery charges, and any applicable taxes or other required governmental fees or charges.

        If no person has agreed to pay the total cost of the (i) funeral and (ii) burial or cremation charges, the Department shall pay the vendor the actual costs of the (i) funeral and (ii) burial or cremation, or the minimum allowable amount for each service as established by the Department, whichever is less, provided that the Department reduces its payments by the amount available from the following sources: the decedent's assets and available resources and the anticipated amounts of any death benefits available to the decedent's estate, and amounts paid and arranged to be paid by the decedent's legally responsible relatives. A legally responsible relative is expected to pay (i) funeral and (ii) burial or cremation expenses unless financially unable to do so.

        Nothing contained in this Section or in any other Section of this Code shall be construed to prohibit the Illinois Department (1) from consolidating existing standards on the basis of any standards which are or were in effect on, or subsequent to July 1, 1969, or (2) from employing any consolidated standards in determining need for public aid and the amount of money payment or grant for individual recipients or recipient families.

        Funeral and burial

        [§ 305 ILCS 5/4-10]

        If the estate of a deceased recipient is insufficient to pay for funeral and burial expenses, and if no other resources, including assistance from legally responsible relatives, are available for such purposes, there shall be paid, in accordance with the standards, rules and regulations of the Illinois Department, such reasonable amounts as may be necessary to meet costs of the funeral, burial space, and cemetery charges or to reimburse any person not financially responsible for the deceased who has voluntarily made expenditures for such costs.

        Burial benefit

        [§ 820 ILCS 315/3.5]

        A burial benefit of up to a maximum of $ 10,000 shall be payable to the surviving spouse or estate of a law enforcement officer or fireman who is killed in the line of duty on or after the effective date of this amendatory Act of 1997.

        The Attorney General and the Court of Claims may jointly adopt rules and procedures for the implementation of this Section.

        Expenses paid by county

        § 55 ILCS 5/5-27003

        The expenses of such burial and headstone shall be paid by the county in which such veteran or his or her mother, father, husband, wife, widow, widower or minor children resided at the time of such death; and the county board in such counties under township organization, or county commissioners in such counties not under township organization, is authorized and directed to audit the account, and pay the said expenses in a similar manner as other accounts against such county are audited and paid: Provided, that nothing in this Division contained shall apply to the burial of veterans who are residents of the Veterans' Home at the time of their death.

        Proceeds

        [§ 765 ILCS 815/5]

        The proceeds of the sale of such lands may be used to pay indebtedness of such association, or for purchasing other lands for burial purposes, or for ornamenting or improving such cemetery, as the trustees or other officers having control of the same may determine.

      2. What special funding is available only for public lands?

        Open Lands Loan Program

        [§ 525 ILCS 33/30]

        The Department may establish an Open Lands Loan Program to make loans to units of local government for the purpose of assisting in the purchase of real property to protect open spaces and lands with significant natural resource attributes.

        For purposes of the program, and not by way of limitation on any other purposes or programs provided for in this Act, there is hereby established the Open Lands Loan Fund, a special fund in the State treasury.

        The Department has the power to use any appropriations from the State made for the purposes under this Act and to enter into any intergovernmental agreements with the federal government or the State, or any instrumentality thereof, for purposes of capitalizing the Open Lands Loan Fund. Moneys in the Open Lands Loan Fund may be used for any purpose under the Open Lands Loan Program including, without limitation, the making of loans permitted under this Act.

        The Department may establish and collect any fees and charges, determine and enforce any terms and conditions, and charge any interest rates that it determines to be necessary and appropriate to the successful administration of the Open Lands Loan Program. All principal and interest repayments on loans made using funds withdrawn from the Open Lands Loan Fund shall be deposited into the Open Lands Loan Fund to be used for the purposes of the Open Lands Loan program or for any other purpose under this Act that the Department, in its discretion, finds appropriate. Investment earnings on moneys held in the Open Lands Loan Fund or in any reserve fund or pledged fund created with funds withdrawn from the Open Lands Loan Fund must be treated in the same way as loan repayments. The Department shall promulgate rules concerning selection and eligibility requirements. The rules shall include the following additional requirements:

        Units of local government receiving loans under this Act to acquire real property must:

        1. Agree to make and keep the lands accessible to the public for conservation and recreation, unless the Department determines that public accessibility would be detrimental to the lands or any natural resources associated with the land.

        2. Agree that all real property acquired with loan proceeds shall not be sold, leased, exchanged, or otherwise encumbered unless it is used to qualify for a federal program or, subject to Department approval, transferred to the federal government, the State, or a unit of local government for conservation and recreation purposes consistent with this Act.

        3. Agree to execute and donate to the State at no charge a conservation easement on the lands to be acquired; and

        4. Agree to manage lands in accordance with the terms of the loan. Any changes in management must be approved by the Department before implementation.

        Loans made by the Department to units of local government must be secured by interests in collateral and guarantees that the Department determines are necessary to protect the Department's interest in the repayment of the principal and interest, if any, of each loan made under this Section.

        Loans made by the Department may be used only to purchase interests in land from willing sellers and may not involve the use of eminent domain.

        Borrowers may not use the proceeds from other Department grant programs to repay loans made under this program.

        Borrowers must agree to manage lands in accordance with the terms of the loan. Any changes in management must be approved by the Department before implementation.

        The Department is authorized to promulgate, by rule, other reasonable requirements necessary to effectively implement this Act.

        Management of permanent funds

        [§ 105 ILCS 5/15-24]

        The common school lands and township loanable funds in Class I counties shall be managed and operated by township land commissioners who shall receive no salary.

        In counties of fewer than 220,000 inhabitants, there shall be 3 land commissioners, who shall be elected in the same manner as provided for the election of school directors, who shall serve the same terms as school directors and shall be organized in the same manner as school directors.

        In counties having 220,000 inhabitants or more but fewer than 2,000,000 inhabitants, the members of the regional board of school trustees shall be the township land commissioners, except that township land commissioners elected in any such county prior to the effective date of this amendatory Act of 1963 shall continue to serve until the end of the term for which they were elected.

        The township land commissioners shall hold title to, manage and operate all common school lands and township loanable funds of such township and receive the rents, issues and profits therefrom. Elections shall be conducted in accordance with the general election law. The land commissioners shall appoint a treasurer for a term of 2 years and fix his salary which shall not be changed during such term. The proceeds of the rents, issues and profits from such land and fund shall be promptly deposited with him upon its receipt by the land commissioners.

        After the payment of the necessary expenses incidental to the operation of such land and fund by orders drawn on the treasurer and signed by the president and secretary of the land commissioners, including actual expenses of the land commissioners, the net income from such land and fund including accumulated income undistributed at the effective date of this Act shall, upon an order drawn by such treasurer and signed by the president and secretary of such township land commissioners be distributed annually on or before February 1 as provided in this Act.

        Liquidation of permanent fund

        [§ 105 ILCS 5/15-26]

        Upon a petition signed by at least one hundred voters of any school township filed with the regional superintendent of schools asking that the permanent funds of such township be liquidated and distributed to the schools of said township, said regional superintendent of schools shall certify the proposition to the proper election authorities for submission to the electorate at a regular scheduled election in said township the proposition to liquidate such permanent funds and distribute the proceeds thereof to the schools of the said school township.

        Such funds may be deposited by the district either in the educational or operations and maintenance fund, or in both in such proportion as the school board shall determine.

        If the said proposition receives a majority of the votes cast upon such proposition the township land commissioners shall proceed to sell the lands included in the assets of the permanent fund and liquidate the permanent funds of said school township and distribute same in the manner provided in this Article; if the average income from the permanent funds of any school township for a period of three years amounts to less than $ 2500 the regional board of school trustees or the township land commissioners shall proceed forthwith to liquidate such funds and sell the lands included in the assets of the permanent fund without any petition or election.

        The expenses of liquidation shall be paid out of the moneys obtained from the liquidation. Upon completion of every sale of lands the township land commissioners or the regional board of school trustees, as the case may be, shall deliver to the purchaser a certificate of purchase including the name and residence of the purchaser and the price and description of the land.

  5. State Recognition of Constituent Groups

      1. What laws (if any) provide for recognition or acknowledgement of constituent groups within the state?

        There are constituent groups that have been legally recognized by the state and laws that have made provisions for them.

        Graves of former armed forces members

        [§ 60 ILCS 1/30-65]

        The electors may provide for the decoration and maintenance of graves of persons who at any time served in the armed forces of the United States that are within the township.

        American Indian day

        [§ 105 ILCS 5/27-20]

        The fourth Friday of September is designated "American Indian Day," to be observed throughout the State as a day on which to hold appropriate exercises in commemoration of the American Indians.

        Racial minority defined

        [§ 110 ILCS 925/3.07]

        1. Black (a person having origins in any of the black racial groups in Africa);

        2. Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race);

        3. Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); or

        4. American Indian or Alaskan Native (a person having origins in any of the original peoples of North America).

        Underrepresentation of certain groups in higher education

        [§ 110 ILCS 205/9.16]

        To require public institutions of higher education to develop and implement methods and strategies to increase the participation of minorities[55], women and handicapped individuals who are traditionally underrepresented in education programs and activities.

        The Board shall adopt any rules necessary to administer this Section. The Board shall also do the following:

        1. Require all public institutions of higher education to develop and submit plans for the implementation of this Section;

        2. Conduct periodic review of public institutions of higher education to determine compliance with this Section; and if the Board finds that a public institution of higher education is not in compliance with this Section, it shall notify the institution of steps to take to attain compliance;

        3. Provide advice and counsel pursuant to this Section;

        4. Conduct studies of the effectiveness of methods and strategies designed to increase participation of students in education programs and activities in which minorities, women and handicapped individuals are traditionally underrepresented, and monitor the success of students in such education programs and activities;

        5. Encourage minority student recruitment and retention in colleges and universities. In implementing this paragraph, the Board shall undertake but need not be limited to the following:

        · The establishment of guidelines and plans for public institutions of higher education for minority student recruitment and retention

        · The review and monitoring of minority student programs implemented at public institutions of higher education to determine their compliance with any guidelines and plans so established

        · The determination of the effectiveness and funding requirements of minority student programs at public institutions of higher education, the dissemination of successful programs as models

        · The encouragement of cooperative partnerships between community colleges and local school attendance centers which are experiencing difficulties in enrolling minority students in four-year colleges and universities;

        6. Mandate all public institutions of higher education to submit data and information essential to determine compliance with this Section. The Board shall prescribe the format and the date for submission of this data and any other education equity data and

        7. Report to the General Assembly and the Governor annually with a description of the plans submitted by each public institution of higher education for implementation of this Section, including financial data relating to the most recent fiscal year expenditures for specific minority programs, the effectiveness of such plans and programs and the effectiveness of the methods and strategies developed by the Board in meeting the purposes of this Section, the degree of compliance with this Section by each public institution of higher education as determined by the Board pursuant to its periodic review responsibilities, and the findings made by the Board in conducting its studies and monitoring student success.

        With respect to each public institution of higher education such report also shall include, but need not be limited to:

        · Information with respect to each institution's minority program budget allocations

        · Minority student admission

        · Retention and graduation statistics

        · Number of financial assistance awards to undergraduate and graduate minority students

        · Minority faculty representation.

        This paragraph shall not be construed to prohibit the Board from making, preparing or issuing additional surveys or studies with respect to minority education in Illinois.


  • [1] This does not apply to a peace officer or other official of a unit of government who enters a building or land in the performance of his or her official duties.

  • [2] "Beautifies" means to landscape, clean up litter, or to repair dilapidated conditions on or to board up windows and doors.

  • [3] "Unoccupied and abandoned residential and industrial property" means any real estate (1) in which the taxes have not been paid for a period of at least 2 years; and (2) which has been left unoccupied and abandoned for a period of at least one year."

  • [4] "Emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person to be in imminent danger of serious bodily harm or in which property is or is reasonably believed to be in imminent danger of damage or destruction.

  • [5] "Owner" means the person who has the right to possession of the land, including the owner, operator or tenant.

  • [6] "Land" includes, but is not limited to, land used for crop land, fallow land, orchard, pasture, feed lot, timber land, prairie land, mine spoil nature preserves and registered areas. "Land" does not include driveways or private roadways upon which the owner allows the public to drive.

  • [7] If after receiving, prior to that entry, notice from the owner or occupant that the entry is forbidden or remains upon or in the subsequent listed areas after receiving notice from the owner or occupant to depart commits a Class A misdemeanor: (1) A field that is used for growing crops or that is capable of being used for growing crops. (2) An enclosed area containing livestock. (3) An orchard. (4) A barn or other agricultural building containing livestock.

  • [9] [740 ILCS 115/5]

  • [10] Under Section 11-401 of the Illinois Vehicle Code [625 ILCS 5/11-401]

  • [11] Under Section 11-403 of the Illinois Vehicle Code [625 ILCS 5/11-403]

  • [12] As defined by Section 12-12 of this Code [720 ILCS 5/12-12] in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after the commission of the offense and the identity of the offender is unknown after a diligent investigation by law enforcement authorities

  • [13] In Section 3-6 [720 ILCS 5/3-6]

  • [14] By Section 3-6 [720 ILCS 5/3-6]

  • [15] However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable.

  • [16] However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable.

  • [17] As defined in Section 12-12 of this Code [720 ILCS 5/12-12]

  • [18] As defined in Section 12-12 of this Code [720 ILCS 5/12-12]

  • [19] Except as otherwise provided in subsection (a) of Section 3-5 of this Code [720 ILCS 5/3-5] and subdivision (i) or (j) of this Section

  • [20] However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense.

  • [21] However, in no such case shall the time period for prosecution expire sooner than 3 years after the commission of the offense.

  • [22] As defined in Section 12-12 of this Code [720 ILCS 5/12-12]

  • [23] As amended [415 ILCS 5/44]

  • [24] Nothing in this subdivision (i) shall be construed to shorten a period within which a prosecution must be commenced under any other provision of this Section.

  • [25] [325 ILCS 5/1 et seq.]

  • [26] Nothing in this subdivision (j) shall be construed to shorten a period within which a prosecution must be commenced under any other provision of this Section.

  • [27] Under Section 16-1 [720 ILCS 5/16-1]

  • [28] Under Section 16G-15 [720 ILCS 5/16G-15]

  • [29] Under Section 16G-20 [720 ILCS 5/16G-20]

  • [30] [720 ILCS 5/16H-1 et seq.]

  • [31] In this section, "material witness" includes, but is not limited to, the arresting officer, occurrence witness, or the alleged victim of the offense; or

  • [32] Except as provided in Section 2-725 of the "Uniform Commercial Code", approved July 31, 1961, as amended [810 ILCS 5/2-725], and Section 11-13 of "The Illinois Public Aid Code", approved April 11, 1967, as amended [305 ILCS 5/11-13]

  • [33] [810 ILCS 5/2-725]

  • [34] [820 ILCS 115/1 et seq.]

  • [35] [735 ILCS 5/13-109 and 735 ILCS 5/13-110]

  • [36] [725 ILCS 145/1 et seq.]

  • [37] [745 ILCS 10/1-101 et seq.]

  • [38] The changes made by this amendatory Act of the 93rd General Assembly [P.A. 93-11] apply to an action or proceeding pending on or after this amendatory Act's effective date, unless those changes (i) take away or impair a vested right that was acquired under existing law or (ii) with regard to a past transaction or past consideration, create a new obligation, impose a new duty, or attach a new disability.

  • [39] Whether based upon tort, or breach of contract, or otherwise

  • [40] For purposes of this Article, the term "civil action" includes any action, whether based upon the common law or statutes or Constitution of this State.

  • [41] Under any of the provisions of this Act or under any law of this State incorporating or for the incorporation of religious corporations or societies.

  • [42] Approved September 15, 1973 [760 ILCS 50/1 et seq.].

  • [43] Approved September 15, 1973 [760 ILCS 50/1 et seq.],

  • [44] [760 ILCS 50/1 et seq.]

  • [45] Approved September 10, 1973, as amended [760 ILCS 50/1 et seq.]

  • [46] In accordance with Sections 1b and 2 [225 ILCS 45/1band 225 ILCS 45/2]

  • [47] In accordance with Section 2a [225 ILCS 45/2a]

  • [48] In accordance with Section 1b or 2a of this Act [225 ILCS 45/1bor 225 ILCS 45/2a]

  • [49] In accordance with subsection (d) of Section 1b [225 ILCS 45/1b]

  • [50] [815 ILCS 390/1 et seq.]

  • [51] 16 CFR Part 429

  • [52] [205 ILCS 305/1 et seq.]

  • [53] [12 U.S.C. § 1751 et seq.]

  • [54] [760 ILCS 45/1et seq.]

  • [55] For the purpose of this Section, minorities shall mean persons who are citizens of the United States or lawful permanent resident aliens of the United States and who are: (a) Black (a person having origins in any of the black racial groups in Africa); (b) Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean, regardless of race); (c) Asian American (a person having origins in any of the original people of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); or (d) American Indian or Alaskan Native (a person having origins in any of the original people of North America).


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