Illinois Compiled Statutes

760 ILCS 100/1 (2026)

Short title

✓ current as of May 2026
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(760 ILCS 100/1) (from Ch. 21, par. 64.1)
    Sec. 1. Short title. This Act may be cited as the Cemetery Care Act.
(Source: P.A. 90-47, eff. 1-1-98.)

    
Notes of Decisions
Cited in 8 cases, 1995–2019 · leading case: Kagan v. Waldheim Cemetery Co., 2016 IL App (1st) 131274 (Ill. App. Ct. 2017).
Kagan v. Waldheim Cemetery Co., 2016 IL App (1st) 131274 (Ill. App. Ct. 2017). · cites it 3× “¶2 On appeal, the plaintiffs contend that (1) they stated a claim for breach of common law fiduciary duty against the Bank; (2) a private right of action exists under the Cemetery Care Act (Care Act) (760 ILCS 100/1 et seq. (West 2012)), giving them standing to sue the Bank; (3)…”
First of Am. Bank, Rockford, N.A. v. Netsch, 651 N.E.2d 1105 (Ill. 1995). “(West 1992)), and the Cemetéry Care Act (Care Act) (760 ILCS 100/1 et seq. (West 1992)). The circuit court granted the Bank’s motion for summary judgment.”
Kagan v. Waldheim Cemetery Co., 2016 IL App (1st) 131274 (Ill. App. Ct. 2016). · cites it 2× “¶3 In its separate appeal from the dismissal of the second amended consolidated complaint, Zion seeks reversal of the dismissal order insofar as it rested on a finding (1) that the beneficiaries of a cemetery care trust lacked standing to sue an independent trustee they alleged…”
Carmichael v. Union Pac. R.R. Co., 2018 IL App (1st) 170075 (Ill. App. Ct. 2018). “3d 259 (no implied private right of action under Cemetery Care Act ( 760 ILCS 100/1 et seq. (West 2012) ), which "is replete with sanctions and remedies for violations of its provisions," including felony criminal penalties, fines, and license revocation); Davis v.”
Carmichael v. Union Pac. R.R. Co., 2018 IL App (1st) 170075 (Ill. App. Ct. 2019). “See Kagan, 2016 IL App (1st) 131274 , ¶¶ 44, 46 (no implied private right of action under Cemetery Care Act (760 ILCS 100/1 et seq. (West 2012)), which “is replete with sanctions and remedies for violations of its provisions,” including felony criminal penalties, fines, and…”
Pilotto v. Urban Outfitters West, L.L.C., 2016 IL App (1st) 160844 (Ill. App. Ct. 2017). “¶ 40 We are aware of the differences in the issues between the statute involved in Rekosh and the Restroom Access Act, but the lack of relevant case law forces us to draw comparisons between inherently different statutes.”
Kagan v. Waldheim Cemetery Co., 2016 IL App (1st) 131274 (Ill. App. Ct. 2016). · cites it 2× “¶3 In its separate appeal from the dismissal of the second amended consolidated complaint, Zion seeks reversal of the dismissal order insofar as it rested on a finding (1) that the beneficiaries of a cemetery care trust lacked standing to sue an independent trustee they alleged…”
Pilotto v. Urban Outfitters West, L.L.C., 2016 IL App (1st) 160844 (Ill. App. Ct. 2016). “¶ 40 We are aware of the differences in the issues between the statute involved in Rekosh and the Restroom Access Act, but the lack of relevant case law forces us to draw comparisons between inherently different statutes.”
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