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SB 1241

TWSHP CD-CEMETERY BOARD

104th Regular Session Introduced by Mike Coffey and 5 co-sponsors

Allows township supervisor to appoint a cemetery board of managers when no township collector exists, ensuring cemetery governance, gifts handling, and fiduciary safeguards.

Public Act . . . . . . . . . 104-0086
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Bill Summary · SB 1241

Summary — SB 1241 (Public Act 104‑0086)

Status: Enacted as Public Act 104‑0086
Introduced: January 24, 2025 (Sen. Steve McClure et al.)
Effective date: January 1, 2026

Purpose and intent

The act amends Section 130‑10 of the Township Code (60 ILCS 1/130‑10) to address who may appoint a township cemetery board of managers. Its primary purpose is to ensure that a cemetery board of managers can be appointed when a township does not have a township collector, by explicitly authorizing the township supervisor to make that appointment in such cases.

Key provisions

  • Appointment authority
    • If a township owns or controls a cemetery (wholly or partly within township territory), the township collector may appoint a cemetery board of managers.
    • If the township has no township collector, the township supervisor may appoint the board of managers. (This is the principal change.)
  • Board composition and term
    • The board consists of 3 persons known as the cemetery board of managers.
    • Board members serve 2‑year terms or until successors are appointed.
  • Powers related to gifts and funds
    • The board may receive in trust gifts or legacies (money or property) of $50 or more for care and maintenance of lots or the cemetery.
    • The board may convert property to money, invest funds pursuant to a township motion, and apply income perpetually as specified by the gift and township motion.
    • Gifts/bequests to the cemetery vest in the board even if the cemetery is not incorporated.
  • Organization and fiduciary safeguards
    • After appointment, the board must organize, electing a president and clerk.
    • The board must select a treasurer (may be a board member). The treasurer must post a fidelity bond in an amount at least double the value of money/property coming into custody, with form and sureties approved by the township collector or supervisor (as applicable). Bond approval and preservation follow standards similar to village treasurer bonds.

Who is affected

  • Townships that own or control cemeteries, particularly those that lack a township collector (e.g., due to abolition of the office, vacancy, or local organizational choices).
  • Cemetery users and donors (assurance that a board can be appointed to receive and manage donated funds/property).
  • Township supervisors: expands a limited appointment authority when no collector exists.

Expected impact and implementation

  • Administrative/operational: closes a governance gap so cemetery boards can be constituted even in townships without a collector, helping ensure continued management and stewardship of cemetery assets.
  • Fiscal: no substantive change to fiduciary or investment rules; expected minimal direct fiscal impact on township finances beyond existing obligations (bonding and accounting for treasurer).
  • Effective January 1, 2026.

Sponsors and related measures

Primary sponsors: Sen. Steve McClure and others (listed among sponsors/co‑sponsors). Related/companion bills: HB 4701, HB 311. Public Act citation: 104‑0086.

Compiled from official sources — confirm details with the bill’s official record.

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