This page is the result of a hurried examination of cemetery laws in Illinois. Those laws have changed ca. 2011-2014 as the result of the Burr Oak Cemetery scandal, the initial legislation to address the inadequacies and subsequent legislation to fix the initial legislation. My specific interests at this point are just the following: (760 ILCS 100/2) (from Ch. 21, par. 64.2) Sec. 2(d)
(d) A cemetery authority owning, operating, controlling, or managing a privately operated cemetery 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.The law thusly appears clear and unambiguous: "The record shall be open to public inspection consistent with State and federal law." However, I am not aware of any interpretation or enforcement cases or tests.
Also: (760 ILCS 100/2) (from Ch. 21, par. 64.2) Sec. 2(c)
(c) A cemetery authority owning, operating, controlling or managing a privately operated cemetery 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.
A brief recap of Illinois cemetery laws is found at:
Illinois Historic Preservation Agency -
Illinois Laws -
Know Your Rights: Laws Governing Illinois Cemeteries
Another recap is provided by the Springfield Illinois Diocese of the Catholic Church, keeping in mind that their focus and potential resulting scope limitation is the law as it applies to religious cemeteries. Overview of the Cemetery Oversight Act - Diocese of Springfield in Illinois
One of the provisions of the post-Burr Oak legislation is a requirement for testing and licensing of cemetery operators and their employees. At least one of the apparent testing agencies is: Illinois Cemetery & Funeral Home Association which has a summary recap section on their website presented in tabular format: Illinois Cemetery & Funeral Home Association - Cemetery Laws and Regulatory Information
At this point, I am not sure exactly who is responsible for overall enforcement of the law, or specific parts of it. As above, my specific interest is in reasonable access to burial records. Possibilities are Illinois Attorney General, County States Attorney, County Sheriff, municipal police, Illinois Department of Financial and Professional Regulation (IDFPR), Illinois Comptroller or ???. In its FAQ Section, the IDFPR offers:
Q. Which agency is accepting complaints against cemeteries right now?That may be a place to start.
A. If you know that your question involves trust funds or pre-need contracts you may call the Comptroller’s Office directly at 1-877-203-3401. In general, any complaint not trust or pre-need related, against a cemetery authority or any question about cemetery practices and consumer rights can be addressed to the Department [IDFPR] by calling the consumer hotline, which is 1-888-RLOVED1 (1-888-756-8331).
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