Public Act 103-0253
 
SB2146 EnrolledLRB103 28651 CPF 55032 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Regulatory Sunset Act is amended  by 
changing Sections 4.34 and 4.39 as follows:
 
    (5 ILCS 80/4.34)
    Sec. 4.34. Acts and Section repealed on January 1, 2024. 
The following Acts and
Section  of an Act are repealed
on 
January 1, 2024:
        The Crematory Regulation  Act. 
        The Electrologist Licensing Act.
        The Illinois Certified Shorthand Reporters Act of 
    1984.
        The Illinois Occupational Therapy Practice Act.
        The Illinois Public Accounting Act.
        The Private Detective, Private Alarm, Private 
    Security, Fingerprint Vendor, and Locksmith  Act of 2004.
        The Registered Surgical Assistant and Registered 
    Surgical Technologist
Title Protection Act. 
        Section 2.5 of the Illinois Plumbing License Law. 

        The Veterinary Medicine and Surgery Practice Act of 
    2004.
(Source: P.A. 102-291, eff. 8-6-21.)
 
    (5 ILCS 80/4.39)
    Sec. 4.39. Acts repealed on January 1, 2029 and December 
31, 2029. 
    (a) The following Acts are Act is repealed on January 1, 
2029: 
        The Environmental Health Practitioner Licensing Act.
        The Crematory Regulation Act. 
    (b) The following Act is repealed on December 31, 2029:
        The Structural Pest Control Act.

(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18; 
101-81, eff. 7-12-19.)
 
    Section 10. The Crematory Regulation Act is amended  by 
changing Sections 10, 22, and 35 as follows:
 


    (410 ILCS 18/10)




    (Section scheduled to be repealed on January 1, 2024)
    Sec. 10. Establishment of crematory and licensing of

crematory authority.
    (a) Any person doing business in this State, or any 
cemetery,
funeral establishment, corporation, partnership, 
joint venture, voluntary
organization or any other entity, may 
erect, maintain, and operate a
crematory in this State and 
provide the necessary appliances and
facilities for the 
cremation of human remains in accordance with this Act.

    (b) A crematory shall be subject to all local, State, and 
federal health and
environmental protection requirements and 
shall obtain all necessary licenses
and permits from the 
Department of Financial and Professional Regulation, the 
Department of Public Health, the federal Department of Health 
and Human
Services, and the Illinois and federal Environmental 
Protection Agencies, or
such other appropriate local, State, 
or federal agencies.

    (c) A crematory may be constructed on or adjacent to any 
cemetery, on or
adjacent to any funeral establishment, or at 
any other location consistent with
local zoning regulations.

    (d) An application for licensure as a crematory
authority 
shall be in
writing on forms furnished by the Comptroller. 
Applications shall be
accompanied by a fee of $100 $50 and 
shall contain all of the following:

        (1) The full name and address, both residence and 
    business, of the
applicant if the applicant is an 
    individual; the full name and address of
every member if 
    the applicant is a partnership; the full name and address 
    of
every member of the board of directors if the applicant 
    is an association; and
the name and address of every 
    officer, director, and shareholder holding more
than 25% 
    of the corporate stock if the applicant is a corporation.

        (2) The address and location of the crematory.

        (3) A description of the type of structure and 
    equipment to be used in
the operation of the crematory, 
    including the operating permit number issued
to the 
    cremation device by the Illinois Environmental Protection 
    Agency.



        (4) Any further information that the Comptroller  
    reasonably may require.

    (e) Each crematory authority shall file an annual report 
with the Comptroller, accompanied with a $25 fee, providing

(i) an affidavit signed by the owner of the crematory 
authority that at the
time
of the report the cremation device 
was in proper operating condition,
(ii) the total number of 
all cremations performed at the crematory
during the past

year, (iii) attestation by the licensee that all applicable 
permits and
certifications are
valid, (iv) either (A)
any 
changes required in the
information provided under subsection 
(d) or (B) an indication that no changes have
occurred, and (v) 
any other information that the Comptroller may require. The 
annual report shall be filed by a crematory authority on or

before March 15 of each calendar year. If the fiscal year of a 
crematory authority is other than on a calendar year basis, 
then the crematory authority shall file the report required by 
this Section within 75 days after the end of its fiscal year. 
If a crematory authority fails to
submit an annual report to 
the Comptroller within the time specified in
this Section, the 
Comptroller shall impose upon the crematory authority a

penalty of $5 for each and every day the crematory authority 
remains
delinquent in submitting the annual report.  The 
Comptroller may abate all or
part of the $5 daily penalty for 
good cause shown. The $25 annual report fee shall be deposited 
in the  Comptroller's Administrative Fund. 

    (f) All records required to be maintained under this Act, 
including but
not limited to those relating to the license and 
annual
report of the
crematory authority required to be filed 
under this Section, shall be
subject to inspection by the 
Comptroller upon reasonable notice.

    (g) The Comptroller may inspect crematory records at the 
crematory
authority's place of business to review
the

licensee's compliance with this Act. The Comptroller may 
charge a $100 fee for the inspection of the licensee.  The 
inspection must include
verification that:

        (1) the crematory authority has complied with 
    record-keeping requirements
of this
Act;

        (2) a crematory device operator's certification of 
    training and the required continuing education 
    certification are is
conspicuously
displayed at
the 
    crematory;

        (3) the cremation device has a current operating 
    permit issued by the
Illinois
Environmental Protection 
    Agency and the permit is conspicuously displayed
in the 
    crematory;

        (4) the crematory authority is in compliance with 
    local zoning
requirements;

        (5) the crematory authority license issued by the 
    Comptroller is
conspicuously
displayed
at
the crematory; 
    and

        (6) other details as determined by rule. 
    (h) The Comptroller shall issue licenses under this Act to 
the crematories
that are
registered
with
the Comptroller as of 
on March 1, 2012 without requiring the previously registered

crematories
to complete license applications.

    (i)     Every license issued under this Act shall be renewed 
every 5 years for a renewal fee of $100 to be sent to the 
Comptroller. The renewal fee shall be deposited into the 
Comptroller's Administrative Fund. The Comptroller, upon the 
request of an interested person, or on his or her own motion, 
may issue new licenses to a licensee whose license or licenses 
have been revoked, if no factor or condition exists that would 
have warranted the Comptroller to refuse the issuance of the 
license. 
(Source: P.A. 97-679, eff. 2-6-12; 97-813, eff. 7-13-12; 
98-463, eff. 8-16-13.)

 


    (410 ILCS 18/22)




    (Section scheduled to be repealed on January 1, 2024)
    Sec. 22. Performance of cremation service; training. A 
person may not
perform a cremation service in this State 
unless he or she has completed
training in performing 
cremation services and received certification by a
program 
recognized by the Comptroller.  The crematory authority must

conspicuously display the certification at the crematory 
authority's place of
business.  Any new employee shall have a 
reasonable time period, not to exceed one year, to attend a 
recognized training program.  In the interim,
the new employee 
may perform a cremation service if he or she has received

training from another person who has received certification by 
a program
recognized by the Comptroller and is under the 
supervision of the trained person. Each person performing a 
cremation service shall complete a continuing education 
cremation course at least 2 hours in length from a provider 
recognized by the Comptroller every 5 years.  For purposes of 
this Act, the Comptroller may
recognize any training program 
that provides training in the operation of a
cremation device, 
in the maintenance of a clean facility, and in the proper

handling of human remains.  The Comptroller may recognize any 
course that is
conducted by a death care trade association in 
Illinois or the United States or
by a manufacturer of a 
cremation unit that is consistent with the standards
provided 
in this Act or as otherwise determined by rule.

(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)

 


    (410 ILCS 18/35)



    (Section scheduled to be repealed on January 1, 2024)

    Sec. 35. Cremation procedures. 

    (a) Human remains shall not be cremated within 24
hours 
after the time of death, as indicated on the Medical

Examiner's/Coroner's Certificate of Death.  In any death, the 
human remains
shall not be cremated by the crematory authority 
until a  cremation permit has
been received from the coroner or 
medical examiner of the county in which the
death occurred and 
the crematory authority has received a cremation
authorization 
form, executed by an authorizing agent, in accordance with the

provisions of Section 15 of this Act.  In no instance, however, 
shall the lapse
of time between the death and the cremation be 
less than 24 hours, unless (i)
it is known the deceased has an 
infectious or dangerous disease and that the
time requirement 
is waived in writing by the medical examiner or coroner where

the death occurred or (ii) because of a religious requirement.

    (b) Except as set forth in subsection (a) of this Section,

a crematory authority shall have the right to schedule the 
actual cremation
to be performed at its own convenience, at 
any time after the human remains
have been delivered to the 
crematory authority, unless the crematory
authority has 
received specific instructions to the contrary on the

cremation authorization form.

    (c) No crematory authority shall cremate human remains 
when it has actual
knowledge that human remains contain  a 
pacemaker or any other material or
implant that may be 
potentially hazardous to the person  performing the
cremation.

    (d) No crematory authority shall refuse to accept human 
remains for
cremation because such human remains are not 
embalmed.

    (e) Whenever a crematory authority is unable or 
unauthorized to cremate
human remains immediately upon taking 
custody of the remains, the crematory
authority shall place 
the human remains in a  holding facility in accordance
with the 
crematory authority's rules and regulations.
The crematory 
authority must notify the authorizing agent of the reasons for

delay in
cremation if a properly authorized cremation is not 
performed within any time
period expressly
contemplated in the 
authorization.

    (f) A crematory authority shall not accept a casket or

alternative container from which there is any evidence of the 
leakage of
body fluids.

    (g) The casket or the alternative container shall be 
cremated with
the human remains or destroyed, unless the 
crematory authority has notified the
authorizing agent to the 
contrary on the cremation authorization form and
obtained the 
written consent of the authorizing agent.

    (h) The simultaneous cremation of the human remains of 
more than one person
within the same cremation chamber, 
without the prior written consent of the
authorizing agent, is 
prohibited except for common cremation pursuant to Section 
11.4 of the Hospital Licensing Act. Nothing in this 
subsection, however, shall
prevent the simultaneous cremation 
within the same cremation chamber of body
parts delivered to 
the crematory authority from multiple sources, or the use of

cremation equipment that contains more than one cremation 
chamber.

    (i) No unauthorized person shall be permitted in the 
holding facility or
cremation room while any human remains are 
being held there awaiting
cremation, being cremated, or being 
removed from the cremation  chamber.

    (j) A crematory authority shall not remove any dental 
gold, body parts,
organs, or any item of value prior to or 
subsequent to a cremation without
previously having received 
specific written authorization from the
authorizing agent and 
written instructions for the delivery of these items
to the 
authorizing agent. Under no circumstances shall a crematory 
authority
profit from making or assisting in any removal of 
valuables.

    (k) Upon the completion of each cremation, and insofar as 
is practicable,
all of the recoverable residue of the 
cremation process shall be removed from
the cremation chamber.

    (l) If all of the recovered cremated remains will
not fit 
within the receptacle that has been selected, the remainder of 
the
cremated remains shall be returned to the authorizing 
agent or the agent's
designee in a separate container.  The 
crematory authority shall not return
to an authorizing agent 
or the agent's designee more or less cremated
remains than 
were removed from the cremation chamber.

    (m) A crematory authority shall not knowingly represent to 
an
authorizing agent or the agent's designee that a temporary 
container or
urn contains the cremated remains of a specific 
decedent when it does not.

    (n) Cremated remains shall be shipped only by a method 
that has an internal
tracing system available and that 
provides a receipt signed, in either paper or electronic 
format, by the person
accepting delivery.

    (o) A crematory authority shall maintain an identification 
system that shall
ensure that it shall be able to identify the 
human remains in its possession
throughout all phases of the 
cremation process.

    (p)  A crematory authority shall not take possession of 
unembalmed human remains that cannot be cremated within 24 
hours unless it provides or maintains either of the following 
capable of maintaining a temperature of less than 40 degrees 
Fahrenheit: an operable refrigeration unit, with cleanable, 
noncorrosive interior and exterior finishes, or a suitable 
cooling room. 
(Source: P.A. 102-824, eff. 1-1-23.)

 
    Section 15. The Illinois Pre-Need Cemetery Sales Act is 
amended  by changing Section 22 as follows:
 



    (815 ILCS 390/22)  (from Ch. 21, par. 222)


    Sec. 22. Cemetery Consumer Protection Fund. 

    (a) Every seller engaging in pre-need sales shall
pay to 
the
Comptroller $5 for each said contract entered into, to be 
paid into a special
income earning fund hereby created in the 
State Treasury, known as the Cemetery
Consumer Protection 
Fund.  The above said fees shall
be remitted to the
Comptroller 
semi-annually within 30 days after the end of June and 
December
for all contracts that have been entered in such 6 
month period.

    (b) All monies paid into the fund together with all 
accumulated
undistributed
income thereon shall be held as a 
special fund in the State Treasury.  The
fund shall be used 
solely for the purpose of providing restitution to consumers

who have suffered pecuniary loss arising out of pre-need 
sales, to help pay expenses of cemeteries or mausoleums in 
court-ordered receivership, or to satisfy Receiver's fees, or 
to administer the Comptroller's program for the purpose of 
cleaning up abandoned or neglected cemeteries located in 
Illinois.

    (c) Restitution or reimbursement for pre-need merchandise 
or services shall not exceed the reasonable average regional 
cost of the contracted merchandise at current prices.

    (d) Whenever restitution is paid by the fund, the fund 
shall be
subrogated to the amount of such restitution, and the 
Comptroller shall
request the Attorney General to engage in 
all reasonable post judgment
collection steps to collect said 
restitution from the judgment debtor and
reimburse the fund.

    (e) (Blank).

    (f) The fund may not be allocated for any purpose other 
than that specified
in this Act.

    (g) Notwithstanding any other provision of this Section, 
the payment of
restitution from the fund shall be a matter of 
grace and not of
right and
no purchaser shall have any vested 
rights in the fund as a
beneficiary or
otherwise.
 Prior to 
seeking restitution from the fund, a purchaser
or beneficiary 
seeking payment of restitution shall apply
for restitution on 
a form provided by the Comptroller. The
form shall include any 
information the Comptroller may
reasonably require in order 
for the Comptroller to determine that
restitution or 
reimbursement for cemetery
merchandise or services is 
appropriate.

    (h) Annually, the status of the fund shall be reviewed by 
the
Comptroller, and if she or he determines that the fund 
together with all
accumulated income earned thereon, equals or 
exceeds $10,000,000 and that
the total number of outstanding 
claims filed against the fund is less than
10% of the fund's 
current balance, then payments to the fund pursuant to 
subsection (a) of this Section shall be
suspended until such 
time as the fund's balance drops below $10,000,000 or
the 
total number of outstanding claims filed against the fund is 
more than
10% of the fund's current balance, but on such 
suspension, the fund shall
not be considered inactive.

(Source: P.A. 101-34, eff. 6-28-19.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.