Public Act 103-0253
Public Act 0253 103RD GENERAL ASSEMBLY
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Public Act 103-0253
| | SB2146 Enrolled | LRB103 28651 CPF 55032 b |
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| 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 Acts and Section repealed on January 1, 2024.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Section of an Act are repealed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.)
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| (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 Acts repealed on January 1, 2029 and December | 31, 2029. | (a) The following Acts are Act is repealed on January 1, | 2029: | The Environmental Health Practitioner Licensing Act.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 | (b) The following Act is repealed on December 31, 2029: | The Structural Pest Control Act.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| (Section scheduled to be repealed on January 1, 2024) | Sec. 10.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.
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| (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
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| 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
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| 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.
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| (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.
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| (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.
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Effective Date: 6/30/2023
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