CTTCemetary 765 ILCS 835/1(b)

 

All About CTTCemetary 765 ILCS 835/1(b)

CTTCemetary refers to the Cemeteries Act in Illinois. This law basically deals with how cemeteries in the state are operated and managed. 765 ILCS 835/1(b) is a specific section of the Cemeteries Act.

What it says is that cemeteries have to register with the state Comptroller and pay an annual fee. The fee is $10 for cemeteries with less than 100 burials per year, and $20 for cemeteries with more than 100 burials per year. This registration requirement applies to religious cemeteries, municipal cemeteries, nonprofit cemeteries, and for-profit cemeteries. It applies to everyone!

So why require cemeteries to register and pay a fee? Well, the main reason is oversight and regulation. By making all cemeteries register, the state can keep better track of them and make sure they’re following the rules. Things like keeping good records, maintaining the grounds properly, holding enough money in trust for future care, etc. The annual fee helps fund the state’s cemetery oversight activities.

It also helps prevent things like cemeteries going broke or abandoning sites altogether. Which believe it or not, used to happen somewhat often before better regulations were put in place! So this registration requirement helps make sure cemeteries are financially stable and will be properly maintained. No one wants an abandoned, rundown cemetery, so these rules help avoid that.

Now, if a cemetery doesn’t register and pay the fee, what happens? Well according to 765 ILCS 835/1(b), any cemetery that fails to register and pay can be fined between $100 and $1000. And the Comptroller can seek a court order to force compliance. So there are penalties in place to enforce the law.

You might be wondering – what about really small family cemeteries on private land? Do they have to register too? Well, no. 765 ILCS 835/1(b) doesn’t apply to family burial grounds less than 1 acre that aren’t open to the public. So grandpa’s little cemetery on the back 40 doesn’t need to worry about this law, just larger cemeteries open to the public.

One more thing – in case you were curious, the money collected from cemetery registration fees goes into the Comptroller’s Cemetery Oversight Licensing and Disciplinary Fund. This fund is used to support the Comptroller’s cemetery oversight activities. So the fees help cover the cost of regulating cemeteries and enforcing the law.

Whew, ok I know that was kind of a cemetery info dump! But I hope this gave you a better understanding of what CTTCemetary 765 ILCS 835/1(b) is all about. Even though cemeteries might not be the most exciting topic, it’s still important for them to be properly regulated and maintained. This law helps make that happen!

Relevant Laws and Precedents

Here are some other related laws and legal precedents that are relevant to CTTCemetary 765 ILCS 835/1(b):

• Illinois Cemetery Oversight Act – Provides additional rules and regulations for cemeteries in Illinois beyond just the registration requirement.
• Illinois Pre-Need Cemetery Sales Act – Regulates pre-need sales of cemetery merchandise and services.
• Illinois Funeral or Burial Funds Act – Governs the maintenance and use of funeral or burial funds.
• Illinois Cemetery Care Act – Establishes the Cemetery Care Act Licensing and Disciplinary Board.
• Illinois Cemetery Oversight Act – Creates the Office of the Cemetery Oversight in the Department of Financial and Professional Regulation.
• Doe v. Catholic Cemeteries (1982) – Established that religious cemeteries still have to follow applicable laws.
• Greenwood v. Cicero Township (1991) – Upheld local zoning regulations for cemeteries.

These additional laws and court cases help form the overall legal framework around cemeteries in Illinois. They work together with CTTCemetary 765 ILCS 835/1(b) to regulate various aspects of the cemetery industry.

Discussion of Implications

Requiring cemetery registration and payment of an annual fee has several implications and effects on the industry:

• Provides funding for state oversight and enforcement – The fees help pay for monitoring cemeteries and enforcing regulations.
• Increases operating costs – The annual fee is an extra cost that cemeteries must account for in their budget.
• Deters fly-by-night operators – Requiring registration can deter scammers or unqualified individuals from trying to open cemeteries.
• Reduces abandoned cemeteries – Registration and fees help ensure cemeteries don’t go broke and get abandoned down the road.
• Standardizes practices – Registration prompts cemeteries to formalize their operations and follow standard rules and regulations.
• Limits small family cemeteries – The law exempts small family plots, limiting unchecked expansion of private cemeteries.

On the whole, most industry experts seem to feel the benefits outweigh the costs. Registration requirements have improved oversight and helped stabilize the cemetery industry in Illinois. But the fees do raise operating costs, so some small cemeteries struggle with razor-thin margins.

There is also debate around whether the registration threshold should be adjusted from 100 burials per year. Raising it could reduce burden on smaller cemeteries. But lowering it would improve oversight over more cemeteries. There are good arguments on both sides!

Discussion of Defenses

If a cemetery is accused of violating CTTCemetary 765 ILCS 835/1(b), either by failing to register or pay the annual fee, there are a few defenses they could potentially raise:

• Lack of notice – The cemetery may claim it was never made aware of the registration requirement and shouldn’t be penalized for not knowing about the law.
• Financial hardship – The cemetery might argue the fee would cause undue financial hardship and threaten their ability to operate and provide services.
• Non-public cemetery – They could assert they are a private family cemetery under 1 acre and exempt from the law.
• Violates religious freedom – A religious cemetery might try to claim mandatory registration violates their First Amendment rights.

However, in most cases these defenses are unlikely to succeed. Ignorance of the law is not a valid excuse. And courts have upheld similar cemetery regulations against financial and religious freedom claims. But it depends on the specific circumstances of each case.

The best option for cemeteries is usually to comply with the registration requirement, even if they initially oppose it on principle. If they make a good faith effort to register and pay fees, the Comptroller is unlikely to impose fines or penalties. That’s the most pragmatic approach in the long run.