Bill Text: IL SB1830 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Real Estate License Act of 2000. Changes provisions concerning the grounds for discipline of a licensee for convictions of certain crimes. Permits the Department to disclose information and documents related to an examination or investigation of a licensee or applicant only to law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Provides that any formal complaint against a licensee filed with the Department or an order issued by the Department against a licensee or applicant shall be a public record. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Passed) 2012-02-06 - Public Act . . . . . . . . . 97-0679 [SB1830 Detail]

Download: Illinois-2011-SB1830-Enrolled.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Human Skeletal Remains Protection Act is
amended by changing Section 1 as follows:
(20 ILCS 3440/1) (from Ch. 127, par. 2661)
Sec. 1. Definitions. For the purposes of this Act:
(a) "Human skeletal remains" include the bones and
decomposed fleshy parts of a deceased human body.
(b) "Unregistered graves" are any graves or locations where
a human body has been buried or deposited; is over 100 years
old; and is not in a cemetery registered with or licensed by
the State Comptroller under the Cemetery Care Act or under the
authority of the Illinois Department of Financial and
Professional Regulation pursuant to the Cemetery Oversight
Act, whichever is applicable.
(c) "Grave artifacts" are any item of human manufacture or
use that is associated with the human skeletal remains in an
unregistered grave.
(d) "Grave markers" are any tomb, monument, stone,
ornament, mound, or other item of human manufacture that is
associated with an unregistered grave.
(e) "Person" means any natural individual, firm, trust,

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estate, partnership, association, joint stock company, joint
venture, corporation or a receiver, trustee, guardian or other
representatives appointed by order of any court, the Federal
and State governments, including State Universities created by
statute or any city, town, county or other political
subdivision of this State.
(f) "Disturb" includes excavating, removing, exposing,
defacing, mutilating, destroying, molesting, or desecrating in
any way human skeletal remains, unregistered graves, and grave
markers.
(Source: P.A. 96-863, eff. 3-1-10.)
Section 10. The Missing Persons Identification Act is
amended by adding Section 25 as follows:
(50 ILCS 722/25 new)
Sec. 25. Unidentified persons. The coroner or medical
examiner shall obtain a DNA sample from any individual whose
remains are not identifiable. The DNA sample shall be forwarded
to the Department of State Police for inclusion in the State
and National DNA Databases.
Prior to the burial or interment of any unknown
individual's remains or any unknown individual's body part, the
medical examiner or coroner in possession of the remains or
body part must assign a DNA log number to the unknown
individual or body part. The medical examiner or coroner shall

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place a tag that is stamped or inscribed with the DNA log
number on the individual or body part. The DNA log number shall
be stamped on the unidentified individual's toe tag, if
possible.
Section 15. The Counties Code is amended by changing
Section 3-3034 as follows:
(55 ILCS 5/3-3034) (from Ch. 34, par. 3-3034)
Sec. 3-3034. Disposition of body. After the inquest the
coroner may deliver the body or human remains of the deceased
to the family of the deceased or, if there are no family
members to accept the body or the remains, then to friends of
the deceased, if there be any, but if not, the coroner shall
cause the body or the remains to be decently buried, cremated,
or donated for medical science purposes, the expenses to be
paid from the property of the deceased, if there is sufficient,
if not, by the county. The coroner may not approve the
cremation or donation of the body if it is necessary to
preserve the body for law enforcement purposes. If the State
Treasurer, pursuant to the Uniform Disposition of Unclaimed
Property Act, delivers human remains to the coroner, the
coroner shall cause the human remains to be disposed of as
provided in this Section. If the police department of any
municipality or county investigates abandoned cremated
remains, determines that they are human remains, and cannot

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locate the owner of the remains, then the police shall deliver
the remains to the coroner, and the coroner shall cause the
remains to be disposed of as provided in this Section.
(Source: P.A. 96-1339, eff. 7-27-10.)
Section 25. The Cemetery Oversight Act is amended by
changing Sections 5-15, 5-20, 5-25, 10-5, 10-15, 10-20, 10-21,
10-23, 10-25, 10-30, 10-40, 10-45, 10-50, 10-55, 20-5, 20-6,
20-10, 25-10, 25-14, 25-25, 25-70, 25-75, 25-105, 25-110,
25-120, 25-125, 75-50, and 75-55 and by adding Sections 10-39,
20-35, 20-40, and 25-14.5 as follows:
(225 ILCS 411/5-15)
(Section scheduled to be repealed on January 1, 2021)
Sec. 5-15. Definitions. In this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file. It is the duty of the applicant or
licensee to inform the Department of any change of address
within 14 days either through the Department's website or by
contacting the Department's licensure maintenance unit. The
address of record for a cemetery authority shall be the
permanent street address of the cemetery.
"Applicant" means a person applying for licensure under
this Act as a cemetery authority, cemetery manager, or customer
service employee. Any applicant or any person who holds himself

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or herself out as an applicant is considered a licensee for
purposes of enforcement, investigation, hearings, and the
Illinois Administrative Procedure Act.
"Burial permit" means a permit provided by a licensed
funeral director for the disposition of a dead human body that
is filed with the Illinois Department of Public Health.
"Care" means the maintenance of a cemetery and of the lots,
graves, crypts, niches, family mausoleums, memorials, and
markers therein, including: (i) the cutting and trimming of
lawn, shrubs, and trees at reasonable intervals; (ii) keeping
in repair the drains, water lines, roads, buildings, fences,
and other structures, in keeping with a well-maintained
cemetery as provided for in Section 20-5 of this Act and
otherwise as required by rule; (iii) maintenance of machinery,
tools, and equipment for such care; (iv) compensation of
cemetery workers, any discretionary payment of insurance
premiums, and any reasonable payments for workers' pension and
other benefits plans; and (v) the payment of expenses necessary
for such purposes and for maintaining necessary records of lot
ownership, transfers, and burials.
"Care funds", as distinguished from receipts from annual
charges or gifts for current or annual care, means any realty
or personalty impressed with a trust by the terms of any gift,
grant, contribution, payment, legacy, or pursuant to contract,
accepted by any cemetery authority or by any trustee, licensee,
agent, or custodian for the same, under Article 15 of this Act,

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and any income accumulated therefrom, where legally so directed
by the terms of the transaction by which the principal was
established.
"Cemetery" means any land or structure in this State
dedicated to and used, or intended to be used, for the
interment, inurnment, or entombment of human remains.
"Cemetery association" means an association of 6 or more
persons, and their successors in trust, who have received
articles of organization from the Secretary of State to operate
a cemetery; the articles of organization shall be in perpetuity
and in trust for the use and benefit of all persons who may
acquire burial lots in a cemetery.
"Cemetery authority" means any individual or legal entity
that owns or controls cemetery lands or property.
"Cemetery manager" means an individual directly
responsible or holding himself or herself directly responsible
for the operation, maintenance, development, or improvement of
a cemetery that is or shall be licensed under this Act,
irrespective of whether the individual is paid by the licensed
cemetery authority or a third party. This definition does not
include a volunteer who receives no compensation, either
directly or indirectly, for his or her work as a cemetery
manager. who is engaged in, or responsible for, or holding
himself or herself out as engaged in, those activities involved
in or incidental to supervising the following: the maintenance,
operation, development, or improvement of a cemetery licensed

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under this Act; the interment of human remains; or the care,
preservation, and embellishment of cemetery property. This
definition includes, without limitation, an employee, an
individual that is an independent contractor, an individual
employed or contracted by an independent contractor, a
third-party vendor, or an individual employed or contracted by
a third-party vendor who is engaged in, or holding himself or
herself out as engaged in, those activities involved in or
incidental to supervising the following: the maintenance,
operation, development, or improvement of a cemetery licensed
under this Act; the interment of human remains; or the care,
preservation, and embellishment of cemetery property.
"Cemetery merchandise" means items of personal property
normally sold by a cemetery authority not covered under the
Illinois Funeral or Burial Funds Act, including, but not
limited to: (1) memorials, (2) markers, (3) monuments, (4)
foundations and installations, and (5) outer burial
containers.
"Cemetery operation" means to engage in any or all of the
following, whether on behalf of, or in the absence of, a
cemetery authority: (i) the interment, entombment, or
inurnment of human remains, (ii) the sale of interment,
entombment, or inurnment rights, cemetery merchandise, or
cemetery services, (iii) the maintenance of interment rights
ownership records, (iv) the maintenance of or reporting of
interment, entombment, or inurnment records, (v) the

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maintenance of cemetery property, (vi) the development or
improvement of cemetery grounds, or (vii) the maintenance and
execution of business documents, including State and federal
government reporting and the payment of taxes, for a cemetery
business entity. or attempt to engage in the interment,
inurnment, or entombment of human remains or to engage in or
attempt to engage in the care of a cemetery.
"Cemetery Oversight Database" means a database certified
by the Department as effective in tracking the interment,
entombment, or inurnment of human remains.
"Cemetery services" means those services customarily
performed by cemetery personnel in connection with the
interment, entombment, or inurnment of a dead human body.
"Cemetery worker" means an individual, including an
independent contractor or third-party vendor, who performs any
work at the cemetery that is customarily performed by one or
more cemetery employees, including openings and closings of
vaults and graves, stone settings, inurnments, interments,
entombments, administrative work, handling of any official
burial records, the preparation of foundations for memorials,
and routine cemetery maintenance. This definition does not
include uncompensated, volunteer workers.
"Certificate of organization" means the document received
by a cemetery association from the Secretary of State that
indicates that the cemetery association shall be deemed fully
organized as a body corporate under the name adopted and in its

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corporate name may sue and be sued.
"Comptroller" means the Comptroller of the State of
Illinois.
"Confidential information" means unique identifiers,
including a person's Social Security number, home address, home
phone number, personal phone number, personal email address,
personal financial information, and any other information
protected by law.
"Consumer" means an individual who purchases or who is
considering purchasing cemetery, burial, or cremation products
or services from a cemetery authority, whether for themselves
or for another person. a person, or the persons given priority
for the disposition of an individual's remains under the
Disposition of Remains Act, who purchases or is considering
purchasing cemetery, burial, or cremation products or services
from a cemetery authority or crematory authority, whether for
themselves or for another person.
"Customer service employee" means an individual who has
direct contact with consumers to explain cemetery merchandise,
services, and interment rights and to execute the sale of those
items to consumers, whether at the cemetery or an off-site
location, irrespective of whether compensation is paid by the
cemetery authority or a third party. This definition does not
include a volunteer who receives no compensation, either
directly or indirectly, for his or her work as a customer
service employee. and explains cemetery merchandise or

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services or negotiates, develops, or finalizes contracts with
consumers. This definition includes, without limitation, an
employee, an individual that is an independent contractor, an
individual that is employed or contracted by an independent
contractor, a third-party vendor, or an individual that is
employed or contracted by a third-party vendor, who has direct
contact with consumers and explains cemetery merchandise or
services or negotiates, develops, or finalizes contracts with
consumers. This definition does not include an employee, an
individual that is an independent contractor or an individual
that is employed or contracted by an independent contractor, a
third party vendor, or an individual that is employed or
contracted by a third party vendor, who merely provides a
printed cemetery list to a consumer, processes payment from a
consumer, or performs sales functions related solely to
incidental merchandise like flowers, souvenirs, or other
similar items.
"Department" means the Department of Financial and
Professional Regulation.
"Employee" means an individual who works for a cemetery
authority where the cemetery authority has the right to control
what work is performed and the details of how the work is
performed regardless of whether federal or State payroll taxes
are withheld.
"Entombment right" means the right to place individual
human remains or individual cremated human remains in a

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specific mausoleum crypt or lawn crypt selected by a consumer
for use as a final resting place.
"Family burying ground" means a cemetery in which no lots,
crypts, or niches are sold to the public and in which
interments, inurnments, and entombments are restricted to the
immediate family or a group of individuals related to each
other by blood or marriage.
"Full exemption" means an exemption granted to a cemetery
authority pursuant to subsection (a) of Section 5-20.
"Funeral director" means a funeral director as defined by
the Funeral Directors and Embalmers Licensing Code.
"Grave" means a space of ground in a cemetery used or
intended to be used for burial.
"Green burial or cremation disposition" means burial or
cremation practices that reduce the greenhouse gas emissions,
waste, and toxic chemicals ordinarily created in burial or
cremation or, in the case of greenhouse gas emissions, mitigate
or offset emissions. Such practices include any standards or
method for burial or cremation certified by the Green Burial
Council or any other organization or method that the Department
may name by rule.
"Immediate family" means the designated agent of a person
or the persons given priority for the disposition of a person's
remains under the Disposition of Remains Act and shall include
a person's spouse, parents, grandparents, children,
grandchildren and siblings.

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"Imputed value" means the retail price of comparable rights
within the same or similar area of the cemetery.
"Independent contractor" means a person who performs work
for a cemetery authority where the cemetery authority has the
right to control or direct only the result of the work and not
the means and methods of accomplishing the result.
"Individual" means a natural person.
"Interment right" means the right to place individual human
remains or cremated human remains in a specific underground
location selected by a consumer for use as a final resting
place.
"Inurnment right" means the right to place individual
cremated human remains in a specific niche selected by the
consumer for use as a final resting place.
"Investment Company Act of 1940" means Title 15 of the
United States Code, Sections 80a-1 to 80a-64, inclusive, as
amended.
"Investment company" means any issuer (a) whose securities
are purchasable only with care funds or trust funds, or both;
(b) that is an open and diversified management company as
defined in and registered under the Investment Company Act of
1940; and (c) that has entered into an agreement with the
Department containing such provisions as the Department by
regulation requires for the proper administration of this Act.
"Lawn crypt" means a permanent underground crypt installed
in multiple units for the entombment interment of human

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remains.
"Licensee" means a person licensed under this Act as a
cemetery authority, cemetery manager, or customer service
employee. Anyone who holds himself or herself out as a licensee
or who is accused of unlicensed practice is considered a
licensee for purposes of enforcement, investigation, hearings,
and the Illinois Administrative Procedure Act. This definition
does not include a cemetery worker.
"Mausoleum crypt" means a grouping of spaces constructed of
reinforced concrete or similar material constructed or
assembled above the ground for entombing remains space in a
mausoleum used or intended to be used, above or underground, to
entomb human remains.
"Niche" means a space in a columbarium or mausoleum used,
or intended to be used, for inurnment of cremated human
remains.
"Partial exemption" means an exemption granted to a
cemetery authority pursuant to subsection (b) of Section 5-20.
"Parcel identification number" means a unique number
assigned by the Cemetery Oversight Database to a grave, plot,
crypt, or niche that enables the Department to ascertain the
precise location of a decedent's remains interred, entombed, or
inurned after the effective date of this Act.
"Person" means any individual, firm, partnership,
association, corporation, limited liability company, trustee,
government or political subdivision, or other entity.

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"Public cemetery" means a cemetery owned, operated,
controlled, or managed by the federal government, by any state,
county, city, village, incorporated town, township,
multi-township, public cemetery district, or other municipal
corporation, political subdivision, or instrumentality thereof
authorized by law to own, operate, or manage a cemetery.
"Religious burying ground" means a cemetery in which no
lots, crypts, or niches are sold and in which interments,
inurnments, and entombments are restricted to a group of
individuals all belonging to a religious order or granted
burial rights by special consideration of the religious order.
"Religious cemetery" means a cemetery owned, operated,
controlled, and or managed by any recognized church, religious
society, association, or denomination, or by any cemetery
authority or any corporation administering, or through which is
administered, the temporalities of any recognized church,
religious society, association, or denomination.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Term burial" means a right of interment sold to a consumer
in which the cemetery authority retains the right to disinter
and relocate the remains, subject to the provisions of
subsection (d) of Section 35-15 of this Act.
"Trustee" means any person authorized to hold funds under
this Act.
"Unique personal identifier" means the parcel

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identification number in addition to the term of burial in
years; the numbered level or depth in the grave, plot, crypt,
or niche; and the year of death for human remains interred,
entombed, or inurned after the effective date of this Act. The
unique personal identifier is assigned by the Cemetery
Oversight Database.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/5-20)
(Section scheduled to be repealed on January 1, 2021)
Sec. 5-20. Exemptions.
(a) Full exemption. Except as provided in this subsection,
Notwithstanding any provision of law to the contrary, this Act
does not apply to (1) any cemetery authority operating as a
family burying ground or religious burying ground, (2) any
cemetery authority that has not engaged in an interment,
inurnment, or entombment of human remains within the last 10
years and does not accept or maintain care funds, or (3) any
cemetery authority that is less than 3 acres 2 acres and does
not accept or maintain care funds. For purposes of determining
the applicability of this subsection, the number of interments,
inurnments, and entombments shall be aggregated for each
calendar year. A cemetery authority claiming a full exemption
shall apply for exempt status as provided for in Section 10-20
Article 10 of this Act. A cemetery authority claiming a full
exemption shall be subject to Sections 10-40, 10-55, and 10-60

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of this Act. A cemetery authority that performs activities that
would disqualify it from a full exemption is required to apply
for licensure within one year following the date on which its
activities would disqualify it for a full exemption. A cemetery
authority that previously qualified for and maintained a full
exemption that fails to timely apply for licensure shall be
deemed to have engaged in unlicensed practice and shall be
subject to discipline in accordance with Article 25 of this
Act.
(b) Partial exemption. If a cemetery authority does not
qualify for a full exemption and (1) engages in 25 or fewer
interments, inurnments, or entombments of human remains for
each of the preceding 2 calendar years, (2) operates as a
public cemetery, or (3) operates as a religious cemetery, then
the cemetery authority is partially exempt from this Act but
shall be required to comply with Sections 10-23, 10-40, 10-55,
10-60, subsections (a), (b), (b-5), (c), (d), and (h) of
Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30, 20-35,
20-40, 25-3, and 25-120, and Article 35 of this Act.
Notwithstanding any provision of law to the contrary, a
cemetery authority that does not qualify for a full exemption
that is operating as a cemetery authority (i) that engages in
25 or fewer interments, inurnments, or entombments of human
remains for each of the preceding 2 calendar years and does not
accept or maintain care funds, (ii) that is operating as a
public cemetery, or (iii) that is operating as a religious

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cemetery is exempt from this Act, but is required to comply
with Sections 20-5(a), 20-5(b), 20-5(b-5), 20-5(c), 20-5(d),
20-6, 20-8, 20-10, 20-11, 20-12, 20-30, 25-3, and 25-120 and
Article 35 of this Act. Cemetery authorities claiming a partial
exemption shall apply for the partial exemption as provided in
Section 10-20 Article 10 of this Act. A cemetery authority that
changes to a status that would disqualify it from a partial
exemption is required to apply for licensure within one year
following the date on which it changes its status. A cemetery
authority that maintains a partial exemption that fails to
timely apply for licensure shall be deemed to have engaged in
unlicensed practice and shall be subject to discipline in
accordance with Article 25 of this Act.
(c) Nothing in this Act applies to the City of Chicago in
its exercise of its powers under the O'Hare Modernization Act
or limits the authority of the City of Chicago to acquire
property or otherwise exercise its powers under the O'Hare
Modernization Act, or requires the City of Chicago, or any
person acting on behalf of the City of Chicago, to comply with
the licensing, regulation, investigation, or mediation
requirements of this Act in exercising its powers under the
O'Hare Modernization Act.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/5-25)
(Section scheduled to be repealed on January 1, 2021)

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Sec. 5-25. Powers of the Department. Subject to the
provisions of this Act, the Department may exercise the
following powers:
(1) Authorize certification programs written
examinations to ascertain the qualifications and fitness
of applicants for licensing as a licensed cemetery manager
or as a customer service employee to ascertain whether they
possess the requisite level of knowledge for such position.
(2) Examine and audit a licensed cemetery authority's
care funds, records from any year, and records of care
funds from any year, or any other aspects of cemetery
operation as the Department deems appropriate.
(3) Investigate any and all cemetery operations
cemetery-related activity.
(4) Conduct hearings on proceedings to refuse to issue
or renew licenses or to revoke, suspend, place on
probation, reprimand, or otherwise discipline a license
under this Act or take other non-disciplinary action.
(5) Adopt reasonable rules required for the
administration of this Act.
(6) Prescribe forms to be issued for the administration
and enforcement of this Act.
(7) Maintain rosters of the names and addresses of all
licensees and all persons whose licenses have been
suspended, revoked, denied renewal, or otherwise
disciplined within the previous calendar year. These

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rosters shall be available upon written request and payment
of the required fee as established by rule.
(8) Work with the Office of the Comptroller and the
Department of Public Health, Division of Vital Records to
exchange information and request additional information
relating to a licensed cemetery authority;
(9) Investigate cemetery contracts, grounds, or
employee records.
If the Department exercises its authority to conduct
investigations under this Section, the Department shall
provide the cemetery authority with information sufficient to
challenge the allegation. If the complainant consents, then the
Department shall provide the cemetery authority with the
identity of and contact information for the complainant so as
to allow the cemetery authority and the complainant to resolve
the complaint directly. Except as otherwise provided in this
Act, any complaint received by the Department and any
information collected to investigate the complaint shall be
maintained by the Department for the confidential use of the
Department and shall not be disclosed. The Department may not
disclose the information to anyone other than law enforcement
officials or other regulatory agencies or persons that have an
appropriate regulatory interest, as determined by the
Secretary, or to a party presenting a lawful subpoena to the
Department. Information and documents disclosed to a federal,
state, county, or local law enforcement agency shall not be

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disclosed by the agency for any purpose to any other agency or
person. A formal complaint filed against a licensee by the
Department or any order issued by the Department against a
licensee or applicant shall be a public record, except as
otherwise prohibited by law.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/10-5)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10-5. Restrictions and limitations. No person shall,
without a valid license issued by the Department, (i) hold
himself or herself out in any manner to the public as a
licensed cemetery authority, licensed cemetery manager, or
customer service employee or ; (ii) attach the title "licensed
cemetery authority", "licensed cemetery manager", or "licensed
customer service employee" to his or her name. No person shall,
without a valid license or exemption from licensure from the
Department, ; (iii) render or offer to render services
constituting the practice of cemetery operation; or (iv) accept
care funds within the meaning of this Act or otherwise hold
funds for care and maintenance unless such person is holding
and managing funds on behalf of a cemetery authority and is
authorized to conduct a trust business under the Corporate
Fiduciary Act or the federal National Bank Act.
(Source: P.A. 96-863, eff. 3-1-10.)

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(225 ILCS 411/10-15)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10-15. Licenses for cemetery authorities, cemetery
managers, and customer service employees. Persons not licensed
under the Cemetery Care Act or the Cemetery Association Act. A
cemetery manager, a customer service employee, or a person
acting as a cemetery authority who was not required to obtain
licensure prior to the effective date of this Act need not
comply with the licensure requirement in this Article until the
Department takes action on the person's application for a
license. The application for a cemetery authority license must
be submitted to the Department within 6 months after the
Department adopts rules under this Act the effective date of
this Act. For cemetery managers already working for a cemetery
authority at the time of cemetery authority application for
licensure, the application for a cemetery manager license must
be submitted at the same time as the original application for
licensure as a cemetery authority pursuant to this Section or
Section 10-10, whichever the case may be. Any applicant for
licensure as a cemetery manager of a cemetery authority that is
already licensed under this Act or that has a pending
application for licensure under this Act must submit his or her
application to the Department on or before his or her first day
of work. The application for a customer service employee
license must be submitted to the Department within 10 days
after the cemetery authority for which he or she works becomes

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licensed under this Act or on or before his or her first day of
work for a cemetery authority that is already licensed under
this Act, whichever the case may be. If the person fails to
submit the application within the required period, the person
shall be considered to be engaged in unlicensed practice and
shall be subject to discipline in accordance with Article 25 of
this Act.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/10-20)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10-20. Application for original license or exemption.
(a) Applications for original licensure as a cemetery
authority, cemetery manager, or customer service employee
authorized by this Act, or application for exemption from
licensure as a cemetery authority, shall be made to the
Department on forms prescribed by the Department, which shall
include the applicant's Social Security number or FEIN number,
or both, and shall be accompanied by the required fee as set by
Section 10-55 of this Act and further refined by rule.
Applications for partial or full exemption from licensure as a
cemetery authority shall be submitted to the Department within
6 months 12 months after the Department adopts rules under this
Act. If the person fails to submit the application for partial
or full exemption within this period, the person shall be
subject to discipline in accordance with Article 25 of this

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Act. The process for renewing a full or partial exemption shall
be set by rule. If a cemetery authority seeks to practice at
more than one location, it shall meet all licensure
requirements at each location as required by this Act and by
rule, including submission of an application and fee. A person
licensed as a cemetery manager or customer service employee
need not submit a Worker's Statement in accordance with Section
10-22 of this Act.
(b) (Blank). If the application for licensure as a cemetery
authority does not claim a full exemption or partial exemption,
then the cemetery authority license application shall be
accompanied by a fidelity bond, proof of self-insurance, or
letter of credit in the amount required by rule. Such bond,
self-insurance, or letter of credit shall run to the Department
for the benefit of the care funds held by such cemetery
authority or by the trustee of the care funds of such cemetery
authority. If care funds of a cemetery authority are held by
any entity authorized to do a trust business under the
Corporate Fiduciary Act or held by an investment company, then
the Department shall waive the requirement of a bond,
self-insurance, or letter of credit as established by rule. If
the Department finds at any time that the bond, self-insurance
or letter of credit is insecure or exhausted or otherwise
doubtful, then an additional bond, form of self-insurance, or
letter of credit in like amount to be approved by the
Department shall be filed by the cemetery authority applicant

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or licensee within 30 days after written demand is served upon
the applicant or licensee by the Department. In addition, if
the cemetery authority application does not claim a full
exemption or partial exemption, then the license application
shall be accompanied by proof of liability insurance, proof of
self-insurance, or a letter of credit in the amount required by
rule. The procedure by which claims on the liability insurance,
self-insurance, or letter of credit are made and paid shall be
determined by rule. Any bond obtained pursuant to this
subsection shall be issued by a bonding company authorized to
do business in this State. Any letter of credit obtained
pursuant to this subsection shall be issued by a financial
institution authorized to do business in this State.
Maintaining the bonds, self-insurance, or letters of credit
required under this subsection is a continuing obligation for
licensure. A bonding company may terminate a bond, a financial
institution may terminate a letter of credit, or an insurance
company may terminate liability insurance and avoid further
liability by filing a 60-day notice of termination with the
Department and at the same time sending the same notice to the
cemetery authority.
(c) After initial licensure, if any person comes to obtain
at least 51% of the ownership over the licensed cemetery
authority, then the cemetery authority shall have to apply for
a new license and receive licensure in the required time as set
by rule. The current license remains in effect until the

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Department takes action on the application for a new license.
(d) All applications shall contain the information that, in
the judgment of the Department, will enable the Department to
pass on the qualifications of the applicant for an exemption
from licensure or for a license to practice as a cemetery
authority, cemetery manager, or customer service employee as
set by rule.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/10-21)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10-21. Qualifications for licensure.
(a) A cemetery authority shall apply for licensure on forms
prescribed by the Department and pay the required fee. An
applicant is qualified for licensure as a cemetery authority if
the applicant meets all of the following qualifications:
(1) The applicant is of good moral character and has
not committed any act or offense in any jurisdiction that
would constitute the basis for discipline under this Act.
When considering such license In determining good moral
character, the Department shall take into consideration
the following:
(A) the applicant's record of compliance with the
Code of Professional Conduct and Ethics, and whether
the applicant has been found to have engaged in any
unethical or dishonest practices in the cemetery

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business;
(B) whether the applicant has been adjudicated,
civilly or criminally, to have committed fraud or to
have violated any law of any state involving unfair
trade or business practices, has been convicted of a
misdemeanor of which fraud is an essential element or
which involves any aspect of the cemetery business, or
has been convicted of any felony;
(C) whether the applicant has willfully violated
any provision of this Act or a predecessor law or any
regulations relating thereto;
(D) whether the applicant has been permanently or
temporarily suspended, enjoined, or barred by any
court of competent jurisdiction in any state from
engaging in or continuing any conduct or practice
involving any aspect of the cemetery or funeral
business; and
(E) whether the applicant has ever had any license
to practice any profession or occupation suspended,
denied, fined, or otherwise acted against or
disciplined by the applicable licensing authority.
If the applicant is a corporation, limited liability
company, partnership, or other entity permitted by law,
then the Department shall determine whether each
principal, owner, member, officer, and shareholder holding
25% or more of corporate stock has met the requirements of

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this item (1) of subsection (a) of this Section is to be of
good moral character. Good moral character is a continuing
requirement of licensure.
(2) The applicant must provide a statement of its
assets and liabilities to the Department. The applicant
provides evidence satisfactory to the Department that the
applicant has financial resources sufficient to comply
with the maintenance and record-keeping provisions in
Section 20-5 of this Act. Maintaining sufficient financial
resources is a continuing requirement for licensure.
(3) The applicant has not, within the preceding 10
years, been convicted of or entered a plea of guilty or
nolo contendere to (i) a Class X felony or (ii) a felony,
an essential element of which was fraud or dishonesty under
the laws of this State, another state, the United States,
or a foreign jurisdiction. If the applicant is a
corporation, limited liability company, partnership, or
other entity permitted by law, then each principal, owner,
member, officer, and shareholder holding 25% or more of
corporate stock has not, within the preceding 10 years,
been convicted of or entered a plea of guilty or nolo
contendere to (i) a Class X felony or (ii) a felony, an
essential element of which was fraud or dishonesty under
the laws of this State, another state, the United States,
or a foreign jurisdiction.
(4) The applicant shall authorize the Department to

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conduct a criminal background check that does not involve
fingerprinting. The applicant submits his or her
fingerprints in accordance with subsection (c) of this
Section.
(5) In the case of a person or entity applying for
renewal of his, her, or its license, the The applicant has
complied with all other requirements of this Act and the
rules adopted for the implementation of this Act.
(b) The cemetery manager and customer service employees of
a licensed cemetery authority shall apply for licensure as a
cemetery manager or customer service employee on forms
prescribed by the Department and pay the required fee. A person
is qualified for licensure as a cemetery manager or customer
service employee if he or she meets all of the following
requirements:
(1) Is at least 18 years of age.
(2) Has acted in an ethical manner as set forth in
Section 10-23 of this Act Is of good moral character. Good
moral character is a continuing requirement of licensure.
In determining qualifications of licensure good moral
character, the Department shall take into consideration
the factors outlined in item (1) of subsection (a) of this
Section.
(3) Submits proof of successful completion of a high
school education or its equivalent as established by rule.
(4) The applicant shall authorize the Department to

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conduct a criminal background check that does not involve
fingerprinting Submits his or her fingerprints in
accordance with subsection (c) of this Section.
(5) Has not committed a violation of this Act or any
rules adopted under this Act that, in the opinion of the
Department, renders the applicant unqualified to be a
cemetery manager.
(6) Submits proof of successful completion of a
certification course recognized by the Department for a
cemetery manager or customer service employee, whichever
the case may be Successfully passes the examination
authorized by the Department for cemetery manager or
customer service employee, whichever is applicable.
(7) Has not, within the preceding 10 years, been
convicted of or entered a plea of guilty or nolo contendere
to (i) a Class X felony or (ii) a felony, an essential
element of which was fraud or dishonesty under the laws of
this State, another state, the United States, or a foreign
jurisdiction.
(8) (Blank). Can be reasonably expected to treat
consumers professionally, fairly, and ethically.
(9) In the case of a person applying for renewal of his
or her license, has Has complied with all other
requirements of this Act and the rules adopted for
implementation of this Act.
(c) Each applicant for a cemetery authority, cemetery

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manager, or customer service employee license shall authorize
the Department to conduct a criminal background check that does
not involve fingerprinting. The Department must, in turn,
conduct the criminal background check on each applicant. The
Department shall adopt rules to implement this subsection (c),
but in no event shall the Department impose a fee upon the
applicant for the background check. Each applicant for a
cemetery authority, cemetery manager, or customer service
employee license shall have his or her fingerprints submitted
to the Department of State Police in an electronic format that
complies with the form and manner for requesting and furnishing
criminal history record information that is prescribed by the
Department of State Police. These fingerprints shall be checked
against the Department of State Police and Federal Bureau of
Investigation criminal history record databases. The
Department of State Police shall charge applicants a fee for
conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not
exceed the actual cost of the records check. The Department of
State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or
directly to a designated fingerprint vendor. The Department, in
its discretion, may allow an applicant who does not have
reasonable access to a designated fingerprint vendor to provide

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his or her fingerprints in an alternative manner. The
Department, in its discretion, may also use other procedures in
performing or obtaining criminal background checks of
applicants. Instead of submitting his or her fingerprints, an
individual may submit proof that is satisfactory to the
Department that an equivalent security clearance has been
conducted. If the applicant for a cemetery authority license is
a corporation, limited liability company, partnership, or
other entity permitted by law, then each principal, owner,
member, officer, and shareholder holding 25% or more of
corporate stock shall have his or her fingerprints submitted in
accordance with this subsection (c).
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/10-23)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10-23. Code of Professional Conduct and Ethics.
Licensed cemetery authorities and their licensed cemetery
managers and customer service employees, and cemetery
authorities maintaining a partial exemption and their cemetery
managers and customer service employees shall:
(a) Refrain from committing any action that may violate
Section 25-10 of this Act;
(b) Be aware of applicable federal and State laws and
regulations, adhere to those laws and regulations, and be able
to explain them to families in an understandable manner;

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(c) Treat all human remains with proper care and dignity,
honoring known religious, ethnic, and personal beliefs;
(d) Protect all confidential information;
(e) Carry out all aspects of service in a competent and
respectful manner;
(f) Fulfill all written and verbal agreements and
contracts;
(g) Provide honest, factual, and complete information
regarding all aspects of the services offered and provided;
(h) Not engage in advertising that is false, misleading, or
otherwise prohibited by law;
(i) Not discriminate against any person because of race,
creed, marital status, sex, national origin, sexual
orientation, or color, except a religious cemetery may restrict
its services to those of the same religious faith or creed. A
cemetery authority operating any cemetery may designate parts
of cemeteries or burial grounds for the specific use of persons
whose religious code requires isolation;
(j) To have clear and specific cemetery rules and
regulations, subject to other applicable law, including this
Act, and to apply them equally to all families served;
(k) Report all violations of this Act and this Section to
the Department. The Department shall adopt a Code of
Professional Conduct and Ethics by rule. Cemetery authorities,
cemetery managers, and customer service employees shall abide
by the Code of Professional Conduct and Ethics.

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(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/10-25)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10-25. Certification Examination; failure or refusal
to take the examination.
(a) The Department shall authorize certification programs
for examinations of cemetery manager and customer service
employee applicants at such times and places as it may
determine. The certification programs must consist of
education and training in cemetery ethics, cemetery law, and
cemetery practices. Cemetery ethics shall include, without
limitation, the Code of Professional Conduct and Ethics as set
forth in Section 10-23 of this Act. Cemetery law shall include,
without limitation, the Cemetery Oversight Act, the Cemetery
Care Act, the Disposition of Remains Act, and the Cemetery
Protection Act. Cemetery practices shall include, without
limitation, treating the dead and their family members with
dignity and respect. The certification program shall include an
examination administered by the entity providing the
certification. The examinations shall fairly test an
applicant's qualifications to practice as cemetery manager or
customer service employee, whatever the case may be, and
knowledge of the theory and practice of cemetery operation and
management or cemetery customer service, whichever is
applicable. The examination shall further test the extent to

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which the applicant understands and appreciates that the final
disposal of a deceased human body should be attended with
appropriate observance and understanding, having due regard
and respect for the reverent care of the human body and for
those bereaved and for the overall spiritual dignity of an
individual.
(a-5) An entity seeking to offer a certification program to
cemetery manager applicants and customer service employee
applicants must receive approval of its program from the
Department in a manner and form prescribed by the Department by
rule. As part of this process, the entity must submit to the
Department the examination it offers or intends to offer as
part of its certification program The examinations for cemetery
manager and customer service employee shall be appropriate for
cemetery professionals and shall not cover mortuary science.
(a-10) A cemetery manager applicant or customer service
employee applicant may choose any entity that has been approved
by the Department from which to obtain certification The
examinations for cemetery manager and customer service
employee applicants shall be tiered, as determined by rule, to
account for the different amount of knowledge needed by such
applicants depending on their job duties and the number of
interments, inurnments, and entombments per year at the
cemetery at which they work.
(b) Cemetery manager applicants and customer service
employee applicants shall pay the fee for the certification

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program directly to the entity offering the program. Applicants
for examinations shall pay, either to the Department or to the
designated testing service, a fee covering the cost of
providing the examination. Failure to appear for the
examination on the scheduled date at the time and place
specified after the application for examination has been
received and acknowledged by the Department or the designated
testing service shall result in forfeiture of the examination
fee.
(c) If the cemetery manager applicant or customer service
employee applicant neglects, fails, or refuses to become
certified take an examination or fails to pass an examination
for a license under this Act within one year after filing an
application, then the application shall be denied. However, the
applicant may thereafter submit a new application accompanied
by the required fee. The applicant shall meet the requirements
in force at the time of making the new application.
(d) A cemetery manager applicant or customer service
employee applicant who has completed a certification program
offered by an entity that has not received the Department's
approval as required by this Section has not met the
qualifications for licensure as set forth in Section 10-21 of
this Act The Department may employ consultants for the purpose
of preparing and conducting examinations.
(e) The Department shall recognize any certification
program that is conducted by a death care trade association in

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Illinois that has been in existence for more than 5 years that,
in the determination of the Department, provides adequate
education and training in cemetery law, cemetery ethics, and
cemetery practices and administers an examination covering the
same The Department shall have the authority to adopt or
recognize, in part or in whole, examinations prepared,
administered, or graded by other organizations in the cemetery
industry that are determined appropriate to measure the
qualifications of an applicant for licensure.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/10-30)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10-30. Continuing education. The Department shall
adopt rules for continuing education of cemetery managers and
customer service employees. The continuing education programs
may consist of education and training in cemetery ethics,
cemetery law, and cemetery practices as defined in Section
10-25 of this Act. An entity seeking to offer a continuing
education program to cemetery managers and customer service
employees must receive approval of its program from the
Department in a manner and form prescribed by the Department by
rule. Cemetery managers shall be required to complete 6 hours
of continuing education during each renewal cycle. Customer
service employees shall be required to complete 3 hours of
continuing education during each renewal cycle. The continuing

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education requirements for cemetery managers and customer
service employees shall be tiered, as determined by rule, to
account for the different amount of knowledge needed by such
applicants depending on their job duties and the number of
interments, inurnments, and entombments per year at the
cemetery at which they work. The Department shall strive to
keep the costs of any continuing education program imposed on a
cemetery authority minimal. The requirements of this Section
apply to any person seeking renewal or restoration under
Section 10-40 of this Act.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/10-39 new)
Sec. 10-39. Cemetery manager and customer service
employee; display of certification and license; grace periods.
The cemetery manager and customer service employee must
conspicuously display the certification and the license after
it is received at the cemetery authority's place of business.
Any person applying for original licensure as a cemetery
manager without the required certification from a program
approved by the Department shall have a reasonable period of
time, not to exceed one year from the date of his or her
original application, but not any second or subsequent
application, to complete the program. In the interim, the
cemetery manager without certification may manage the cemetery
if he or she (1) has submitted an application for licensure and

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(2) has received training from another person, as verified by
an appropriate form approved by the Department, who has
received the required certification from a program recognized
by the Department. Any person applying for original licensure
as a customer service employee without the required
certification from a program approved by the Department shall
have a reasonable period of time, not to exceed one year from
the date of his or her original application, but not any second
or subsequent application, to complete the program. In the
interim, the customer service employee without certification
may engage in the work of a customer service employee if he or
she (1) has submitted an application for licensure and (2) has
received training from another person, as verified by an
appropriate form approved by the Department, who has received
certification from a program recognized by the Department.
(225 ILCS 411/10-40)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10-40. Expiration and renewal of license. Every
cemetery authority, cemetery manager, and customer service
employee license shall expire every 2 years. Every registration
as a fully exempt cemetery authority or partially exempt
cemetery authority shall expire every 4 years. The expiration
date, renewal period, and other requirements for each license
and registration shall be further refined set by rule.
(Source: P.A. 96-863, eff. 3-1-10.)

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(225 ILCS 411/10-45)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10-45. Transfer or sale, preservation of license,
liability for shortage.
(a) (Blank). In the case of a sale of any cemetery or any
part thereof or of any related personal property by a cemetery
authority to a purchaser or pursuant to foreclosure
proceedings, except the sale of burial rights, services, or
merchandise to a person for his or her personal or family
burial or interment, the purchaser is liable for any shortages
existing before or after the sale in the care funds required to
be maintained in a trust pursuant to this Act and shall honor
all instruments issued under Article 15 of this Act for that
cemetery. Any shortages existing in the care funds constitute a
prior lien in favor of the trust for the total value of the
shortages and notice of such lien shall be provided in all
sales instruments.
(b) In the event of a sale or transfer of all or
substantially all of the assets of the cemetery authority, the
sale or transfer of the controlling interest of the corporate
stock of the cemetery authority, if the cemetery authority is a
corporation, or the sale or transfer of the controlling
interest of the partnership, if the cemetery authority is a
partnership, or the sale or transfer of the controlling
membership, if the cemetery authority is a limited liability

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company, the cemetery authority shall, at least 30 days prior
to the sale or transfer, notify the Department, in writing, of
the pending date of sale or transfer so as to permit the
Department to audit the books and records of the cemetery
authority. The audit must be commenced within 10 business days
of the receipt of the notification and completed within the
30-day notification period unless the Department notifies the
cemetery authority during that period that there is a basis for
determining a deficiency that will require additional time to
finalize. The sale or transfer may not be completed by the
cemetery authority unless and until:
(1) (Blank). the Department has completed the audit of
the cemetery authority's books and records;
(2) (Blank). any delinquency existing in the care funds
has been paid by the cemetery authority or arrangements
satisfactory to the Department have been made by the
cemetery authority on the sale or transfer for the payment
of any delinquency; and
(3) the Department issues a new cemetery authority
license upon application of the newly controlled
corporation or partnership, which license must be applied
for at least 30 days prior to the anticipated date of the
sale or transfer, subject to the payment of any
delinquencies, if any, as stated in item (2) of this
subsection (b).
(c) In the event of a sale or transfer of any cemetery

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land, including any portion of cemetery land in which no human
remains have been interred, a licensee shall, at least 45 days
prior to the sale or transfer, notify the Department, in
writing, of the pending sale or transfer. With the
notification, the cemetery authority shall submit information
to the Department, which may include a copy of a portion of the
cemetery map showing the land to be sold or transferred, to
enable the Department to determine whether any human remains
are interred, inurned, or entombed within the land to be sold
or transferred and whether consumers have rights of interment,
inurnment, or entombment within the land to be sold or
transferred.
(d) For purposes of this Section, a person who acquires the
cemetery through a real estate foreclosure shall be subject to
the provisions of this Section pertaining to the purchaser,
including licensure.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/10-50)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10-50. Dissolution. Where any licensed cemetery
authority or any trustee thereof seeks has accepted care funds
within the meaning of this Act, and dissolution is sought by
such cemetery authority in any manner, by resolution of such
cemetery authority, or the trustees thereof, notice shall be
given to the Department of such intention to dissolve and

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proper disposition shall be made of the care funds so held for
the general benefit of such lot owners by or for the benefit of
such cemetery authority, as provided by law, or in accordance
with the trust provisions of any gift, grant, contribution,
payment, legacy, or pursuant to any contract whereby such funds
were created. The Department, represented by the Attorney
General, may apply to the circuit court for the appointment of
a receiver, trustee, successor in trust, or for directions of
such court as to the proper disposition to be made of such care
funds, to the end that the uses and purposes for which such
trust or care funds were created may be accomplished, and for
proper continued operation of the cemetery.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/10-55)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10-55. Fees.
(a) Except as provided in subsection (b) of this Section,
the fees for the administration and enforcement of this Act,
including, but not limited to, original licensure, renewal, and
restoration fees, shall be set by the Department by rule. The
fees shall be reasonable and shall not be refundable.
(b) Cemetery manager applicants and customer service
employee applicants shall pay any certification program or
continuing education program fee directly to the entity
offering the program.

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(c) The Department may waive fees based upon hardship.
(d) Nothing shall prohibit a cemetery authority from
paying, on behalf of its cemetery managers or customer service
employees, their application, renewal, or restoration fees.
(b) Applicants for examination shall be required to pay,
either to the Department or the designated testing service, a
fee covering the cost of providing the examination.
(e) (c) All fees and other moneys collected under this Act
shall be deposited in the Cemetery Oversight Licensing and
Disciplinary Fund.
(f) The fee for application as a cemetery authority seeking
a full exemption is $0.
(g) The fee to renew registration as a fully exempt
cemetery authority is $0. As provided in Section 10-40 of this
Act and as further refined by rule, each registration as a
fully exempt cemetery authority shall expire every 4 years.
(h) The fee for application as a cemetery authority seeking
a partial exemption is $150.
(i) The fee to renew registration as a partially exempt
cemetery authority is $150. As provided in Section 10-40 of
this Act and as further refined by rule, each registration as a
partially exempt cemetery authority shall expire every 4 years.
(j) The fee for original licensure, renewal, and
restoration as a cemetery authority not seeking a full or
partial exemption is $75. As provided in Section 10-40 of this
Act and as further refined by rule, each cemetery authority

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license shall expire every 2 years.
(k) The fee for original licensure, renewal, and
restoration as a cemetery manager is $25. As provided in
Section 10-40 of this Act and as further refined by rule, each
cemetery manager license shall expire every 2 years.
(l) The fee for original licensure, renewal, and
restoration as a customer service employee is $25. As provided
in Section 10-40 of this Act and as further refined by rule,
each customer service employee license shall expire every 2
years.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/20-5)
(Section scheduled to be repealed on January 1, 2021)
Sec. 20-5. Maintenance and records.
(a) A cemetery authority shall provide reasonable
maintenance of the cemetery property and of all lots, graves,
crypts, and columbariums in the cemetery based on the type and
size of the cemetery, topographic limitations, and contractual
commitments with consumers. Subject to the provisions of this
subsection (a), reasonable maintenance includes:
(1) the laying of seed, sod, or other suitable ground
cover as soon as practical following an interment given the
weather conditions, climate, and season and the
interment's proximity to ongoing burial activity;
(2) the cutting of lawn throughout the cemetery at

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reasonable intervals to prevent an overgrowth of grass and
weeds given the weather conditions, climate, and season;
(3) the trimming of shrubs to prevent excessive
overgrowth;
(4) the trimming of trees to remove dead limbs;
(5) maintaining, repairing, or removing, if necessary,
drains, water lines, roads, buildings, fences, and other
structures keeping in repair the drains, water lines,
roads, buildings, fences, and other structures; and
(6) keeping the cemetery premises free of trash and
debris.
In determining whether a cemetery authority provides
reasonable maintenance of the cemetery property, the
Department shall consider:
(1) the cemetery authority's contractual obligations
for care and maintenance;
(2) the size of the cemetery;
(3) the extent and use of the cemetery authority's
financial resources;
(4) the standard of maintenance of one or more
similarly situated cemeteries; in determining whether a
cemetery is similarly situated, the Department shall
consider the cemetery's size, location, topography, and
financial resources, and whether the cemetery is a
fraternal cemetery, a religious cemetery, a public
cemetery, a cemetery owned and operated by a cemetery

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association, or a licensed cemetery.
Reasonable maintenance by the cemetery authority shall not
preclude the exercise of lawful rights by the owner of an
interment, inurnment, or entombment right, or by the decedent's
immediate family or other heirs, in accordance with reasonable
rules and regulations of the cemetery or other agreement of the
cemetery authority.
In the case of a cemetery dedicated as a nature preserve
under the Illinois Natural Areas Preservation Act, reasonable
maintenance by the cemetery authority shall be in accordance
with the rules and master plan governing the dedicated nature
preserve.
The Department shall adopt rules to provide greater detail
as to what constitutes the reasonable maintenance required
under this Section. The rules shall differentiate between
cemeteries based on, among other things, the size and financial
strength of the cemeteries. The rules shall also provide a
reasonable opportunity for a cemetery authority accused of
violating the provisions of this Section to cure any such
violation in a timely manner given the weather conditions,
climate, and season before the Department initiates formal
proceedings.
A cemetery authority accused of violating the reasonable
maintenance standard set forth in this Section shall have a
reasonable opportunity to cure the violation. The cemetery
authority shall have 10 business days after receipt of notice

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to cure the violation. If a cemetery authority cannot cure the
violation within 10 business days, then the cemetery authority
may request a time extension in order to cure the violation.
The request for an extension shall be made in writing to the
Department and must be postmarked within 10 business days after
receipt of the notice of the alleged violation. The request
shall outline all reasons for the extension and an estimated
date by which the cure will be accomplished. Acceptable reasons
include, without limitation, delays caused by weather
conditions, season or climate, equipment failures, or
acquisitions of materials or supplies being addressed by the
authority in a timely manner, and unexpected temporary absences
of personnel. The Department may approve or deny the extension.
If the extension is denied, then the cemetery authority must
cure the violation within 10 business days after the date of
receipt of the Department's extension denial. If the extension
is granted, then the cemetery authority must cure the violation
within the extended period of time. A cemetery authority that
does not cure the violation within the appropriate period of
time shall be subject to discipline in accordance with Article
25 of this Act.
(b) A cemetery authority, before commencing cemetery
operations or within 6 months after the effective date of this
Act, shall cause an overall map of its cemetery property,
delineating all lots or plots, blocks, sections, avenues,
walks, alleys, and paths and their respective designations, to

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be filed at its on-site office, or if it does not maintain an
on-site office, at its principal place of business. The
cemetery authority shall update its map and index described in
subsection (b-5) within a reasonable time after any expansion
or alteration of the cemetery property. A cemetery manager's
certificate acknowledging, accepting, and adopting the map
shall also be included with the map. The Department may order
that the cemetery authority obtain a cemetery plat and that it
be filed at its on-site office, or if it does not maintain an
on-site office, at its principal place of business if only in
the following circumstances: (1) the cemetery authority is
expanding or altering the cemetery grounds; or (2) a human body
that should have been interred, entombed, or inurned at the
cemetery after the effective date of this amendatory Act of the
97th General Assembly is missing, displaced, or dismembered and
(2) the cemetery map contains serious discrepancies.
In exercising this discretion, the Department shall
consider whether the cemetery authority would experience an
undue hardship as a result of obtaining the plat. The cemetery
plat, as with all plats prepared under this Act, shall comply
with the Illinois Professional Land Surveyor Act of 1989 and
shall delineate, describe, and set forth all lots or plots,
blocks, sections, avenues, walks, alleys, and paths and their
respective designations. A cemetery manager's certificate
acknowledging, accepting, and adopting the plat shall also be
included with the plat.

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(b-5) A cemetery authority shall maintain an index that
associates the identity of deceased persons interred,
entombed, or inurned after the effective date of this Act with
their respective place of interment, entombment, or inurnment.
(c) The cemetery authority shall open the cemetery map or
plat to public inspection. The cemetery authority shall make
available a copy of the overall cemetery map or plat upon
written request and shall, if practical, provide a copy of a
segment of the cemetery plat where interment rights are located
upon the payment of reasonable photocopy fees. Any unsold lots,
plots, or parts thereof, in which there are not human remains,
may be resurveyed and altered in shape or size and properly
designated on the cemetery map or plat. However, sold lots,
plots, or parts thereof in which there are human remains may
not be renumbered or renamed. Nothing contained in this
subsection, however, shall prevent the cemetery authority from
enlarging an interment right by selling to its owner the excess
space next to the interment right and permitting interments
therein, provided reasonable access to the interment right and
to adjoining interment rights is not thereby eliminated.
(d) A cemetery authority shall keep a record of every
interment, entombment, and inurnment completed after the
effective date of this Act. The record shall include the
deceased's name, age, date of burial, and the specific location
of the interred, entombed, or inurned human remains. The
specific location shall correspond to the map or plat

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maintained in accordance with subsection (b) of this Section
and parcel identification number identifying where the human
remains are interred, entombed, or inurned. The record shall
also include the unique personal identifier as may be further
defined by rule, which is the parcel identification number in
addition to the term of burial in years; the numbered level or
depth in the grave, plot, crypt, or niche; and the year of
death.
(e) (Blank).
(f) A cemetery authority shall make available for
inspection and, upon reasonable request and the payment of a
reasonable copying fee, provide a copy of its rules and
regulations. A cemetery authority shall make available for
viewing and provide a copy of its current prices of interment,
inurnment, or entombment rights.
(g) A cemetery authority shall provide access to the
cemetery under the cemetery authority's reasonable rules and
regulations.
(h) A cemetery authority shall be responsible for the
proper opening and closing of all graves, crypts, or niches for
human remains in any cemetery property it owns.
(i) A Any corporate or other business organization trustee
of the care funds of every licensed cemetery authority shall be
located in or a resident of this State. The licensed cemetery
authority and the trustee of care funds shall keep in this
State and use in its business such books, accounts, and records

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as will enable the Department to determine whether such
licensee or trustee is complying with the provisions of this
Act and with the rules, regulations, and directions made by the
Department under this Act. The licensed cemetery authority
shall keep the books, accounts, and records in electronic or
written format at the location identified in the license issued
by the Department or as otherwise agreed by the Department in
writing. The books, accounts, and records shall be accessible
for review upon demand of the Department.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/20-6)
(Section scheduled to be repealed on January 1, 2021)
Sec. 20-6. Cemetery Oversight Database.
(a) Within 10 business days after an interment, entombment,
or inurnment of human remains, the cemetery manager shall cause
a record of the interment, entombment, or inurnment to be
entered into the Cemetery Oversight Database. The requirement
of this subsection (a) also applies in any instance in which
human remains are relocated.
(b) Within 9 months after the effective date of this Act,
the Department shall certify a database as the Cemetery
Oversight Database. Upon certifying the database, the
Department shall:
(1) provide reasonable notice to cemetery authorities
identifying the database; and

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(2) immediately upon certification, require each
cemetery authority to use the Cemetery Oversight Database
as a means of complying with subsection (a).
(c) In certifying the Cemetery Oversight Database, the
Department shall ensure that the database:
(1) provides real-time access through an Internet
connection or, if real-time access through an Internet
connection becomes unavailable due to technical problems
with the Cemetery Oversight Database incurred by the
database provider or if obtaining use of an Internet
connection would be an undue hardship on the cemetery
authority, through alternative mechanisms, including, but
not limited to, telephone;
(2) is accessible to the Department and to cemetery
managers in order to ensure compliance with this Act and in
order to provide any other information that the Department
deems necessary;
(3) requires cemetery authorities to input whatever
information required by the Department;
(4) maintains a real-time copy of the required
reporting information that is available to the Department
at all times and is the property of the Department; and
(5) contains safeguards to ensure that all information
contained in the Cemetery Oversight Database is secure.
(d) A cemetery authority may rely on the information
contained in the Cemetery Oversight Database as accurate and is

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not subject to any administrative penalty or liability as a
result of relying on inaccurate information contained in the
database.
(e) The Cemetery Oversight Database provider shall
indemnify cemetery authorities against all claims and actions
arising from illegal, willful, or wanton acts on the part of
the Database provider. The Cemetery Oversight Database
provider shall at all times maintain an electronic backup copy
of the information it receives pursuant to subsection (a).
(f) In the event the provider of the database imposes a fee
for entries into the database, the fee shall be paid directly
by the Department to the provider, and the fee may not be
imposed upon cemetery authorities making entries into the
database. However, the provider need not refund any entry fees
paid by cemetery authorities prior to the effective date of
this amendatory Act of the 97th General Assembly.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/20-10)
(Section scheduled to be repealed on January 1, 2021)
Sec. 20-10. Contract. At the time cemetery arrangements
are made and prior to rendering the cemetery services, a
cemetery authority shall create a written contract to be
provided to the consumer, signed by both parties, that shall
contain: (i) contact information, as set out in Section 20-11,
and the date on which the arrangements were made; (ii) the

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price of the service selected and the services and merchandise
included for that price; (iii) the supplemental items of
service and merchandise requested and the price of each item;
(iv) the terms or method of payment agreed upon; and (v) a
statement as to any monetary advances made on behalf of the
family. The cemetery authority shall maintain a copy of such
written contract in its permanent records.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/20-35 new)
Sec. 20-35. Stacking; burial or interment of an unknown
individual or unknown body part.
(a) The stacking of caskets underground of any individual
is limited to no more than 3 caskets in one grave space with
the exception of an arrangement made pursuant to a lawful
contract with a consumer that complies with the requirements of
Section 20-10 of this Act.
(b) Burials and interments of unknown individuals or
unknown body parts must be entered into the Cemetery Oversight
Database as provided in Section 20-6 of this Act.
(225 ILCS 411/20-40 new)
Sec. 20-40. Burial of multiple persons. A cemetery
authority shall not knowingly bury human remains from multiple
persons, known or unknown, in the same casket or grave space
with the exception of (1) human remains that are placed in

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individual containers, (2) a mass casualty event, either
natural or man-made, or (3) an arrangement made pursuant to a
lawful contract with a consumer that complies with the
requirements of Section 20-10 of this Act.
(225 ILCS 411/25-10)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-10. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew a license
or may revoke, suspend, place on probation, reprimand, or take
other disciplinary action as the Department may deem
appropriate, including imposing fines not to exceed $8,000
$10,000 for each violation, with regard to any license under
this Act, for any one or combination of the following:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, except for Section 20-8, or
of the rules adopted under this Act.
(3) Conviction of, or entry of a plea of guilty or nolo
contendere to, any crime within the last 10 years that is a
Class X felony or higher or is a felony involving fraud and
dishonesty under the laws of the United States or any state
or territory thereof.
(4) Making any misrepresentation for the purpose of
obtaining licensure or violating any provision of this Act
or the rules adopted under this Act.

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(5) Professional incompetence.
(6) Gross malpractice.
(7) Aiding or assisting another person in violating any
provision of this Act or rules adopted under this Act.
(8) Failing, within 10 business days, to provide
information in response to a written request made by the
Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
of alcohol, narcotics, stimulants, or any other chemical
agent or drug.
(11) Discipline by another agency, state, District of
Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or substantially
equivalent to those set forth in this Section.
(12) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for professional services not actually or personally
rendered.
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.

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(14) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with any governmental agency or
department.
(15) Inability to practice the profession with
reasonable judgment, skill, or safety.
(16) Failure to file an annual report or to maintain in
effect the required bond or to comply with an order,
decision, or finding of the Department made pursuant to
this Act.
(17) Directly or indirectly receiving compensation for
any professional services not actually performed.
(18) Practicing under a false or, except as provided by
law, an assumed name.
(19) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(20) Cheating on or attempting to subvert the licensing
examination administered under this Act.
(21) Unjustified failure to honor its contracts.
(22) Negligent supervision of a cemetery manager,
customer service employee, employee cemetery worker, or
independent contractor.
(23) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.

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(24) Allowing an individual who is not, but is required
to be, licensed under this Act to perform work for the
cemetery authority.
(25) (Blank). Allowing an individual who has not, but
is required to, submit a Worker's Statement in accordance
with Section 10-22 of this Act to perform work at the
cemetery.
(b) No action may be taken under this Act against a person
licensed under this Act unless the action is commenced within 5
years after the occurrence of the alleged violations, except
for a violation of item (3) of subsection (a) of this Section.
If a person licensed under this Act violates item (3) of
subsection (a) of this Section, then the action may commence
within 10 years after the occurrence of the alleged violation.
A continuing violation shall be deemed to have occurred on the
date when the circumstances last existed that give rise to the
alleged violation.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-14)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-14. Mandatory reports.
(a) If a cemetery authority receives a consumer complaint
that is not resolved to the satisfaction of the consumer within
60 days of the complaint, the cemetery authority shall advise
the consumer of the right to seek investigation by the

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Department and may direct the consumer to the sign posted in
its office as required by Section 20-30 of this Act. shall
report the consumer complaint to the Department within the next
30 days. Cemetery authorities shall report to the Department
within 30 days after the settlement of any liability insurance
claim or cause of action, or final judgment in any cause of
action, that alleges negligence, fraud, theft,
misrepresentation, misappropriation, or breach of contract.
(b) The State's Attorney of each county shall report to the
Department all instances in which an individual licensed as a
cemetery manager or customer service employee, or any
individual listed on a licensed cemetery authority's
application under this Act, is convicted or otherwise found
guilty of the commission of any felony. The report shall be
submitted to the Department within 60 days after conviction or
finding of guilty.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-14.5 new)
Sec. 25-14.5. Comptroller report. The Comptroller shall
annually provide a report to the Department with the total
amount of trust funds reported by a cemetery authority licensed
under the Cemetery Care Act, the Illinois Pre-Need Cemetery
Sales Act, or the Illinois Funeral or Burial Funds Act and
provide other information about a cemetery authority upon the
request of the Department. Additionally, the Comptroller shall

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report to the Department any adverse action taken against a
cemetery authority under the Cemetery Care Act, the Illinois
Pre-Need Cemetery Sales Act, or the Illinois Funeral or Burial
Funds Act.
(225 ILCS 411/25-25)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-25. Investigations, notice, hearings.
(a) The Department may at any time investigate the actions
of any applicant or of any person or persons rendering or
offering to render services as a cemetery authority, cemetery
manager, or customer service employee of or any person holding
or claiming to hold a license as a licensed cemetery authority,
cemetery manager, or customer service employee. If it appears
to the Department that a person has engaged in, is engaging in,
or is about to engage in any practice declared to be unlawful
by this Act, then the Department may: (1) require that person
to file on such terms as the Department prescribes a statement
or report in writing, under oath or otherwise, containing all
information the Department may consider necessary to ascertain
whether a licensee is in compliance with this Act, or whether
an unlicensed person is engaging in activities for which a
license is required; (2) examine under oath any individual in
connection with the books and records pertaining to or having
an impact upon the operation of a cemetery or trust funds
required to be maintained pursuant to this Act; (3) examine any

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books and records of the licensee, trustee, or investment
advisor that the Department may consider necessary to ascertain
compliance with this Act; and (4) require the production of a
copy of any record, book, document, account, or paper that is
produced in accordance with this Act and retain it in his or
her possession until the completion of all proceedings in
connection with which it is produced.
(b) The Secretary may, after 10 days notice by certified
mail with return receipt requested to the licensee at the
address of record or to the last known address of any other
person stating the contemplated action and in general the
grounds therefor, fine such licensee an amount not exceeding
$10,000 per violation or revoke, suspend, refuse to renew,
place on probation, or reprimand any license issued under this
Act if he or she finds that:
(1) the licensee has failed to comply with any
provision of this Act or any order, decision, finding,
rule, regulation, or direction of the Secretary lawfully
made pursuant to the authority of this Act; or
(2) any fact or condition exists which, if it had
existed at the time of the original application for the
license, clearly would have warranted the Secretary in
refusing to issue the license.
(c) The Secretary may fine, revoke, suspend, refuse to
renew, place on probation, reprimand, or take any other
disciplinary action as to the particular license with respect

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to which grounds for the fine, revocation, suspension, refuse
to renew, probation, or reprimand, or other disciplinary action
occur or exist, but if the Secretary finds that grounds for
revocation are of general application to all offices or to more
than one office of the licensee, the Secretary shall fine,
revoke, suspend, refuse to renew, place on probation,
reprimand, or otherwise discipline every license to which such
grounds apply.
(d) In every case in which a license is revoked, suspended,
placed on probation, reprimanded, or otherwise disciplined,
the Secretary shall serve the licensee with notice of his or
her action, including a statement of the reasons for his or her
actions, either personally or by certified mail, return receipt
requested. Service by certified mail shall be deemed completed
when the notice is deposited in the United States mail and sent
to the address of record.
(e) An order assessing a fine, an order revoking,
suspending, placing on probation, or reprimanding a license or,
an order denying renewal of a license shall take effect upon
service of the order unless the licensee requests, in writing,
within 20 days after the date of service, a hearing. In the
event a hearing is requested, an order issued under this
Section shall be stayed until a final administrative order is
entered.
(f) If the licensee requests a hearing, then the Secretary
shall schedule a hearing within 30 days after the request for a

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hearing unless otherwise agreed to by the parties. The
Secretary shall have the authority to appoint an attorney duly
licensed to practice law in the State of Illinois to serve as
the hearing officer in any disciplinary action with regard to a
license. The hearing officer shall have full authority to
conduct the hearing.
(g) The hearing shall be held at the time and place
designated by the Secretary.
(h) The Secretary shall have the authority to prescribe
rules for the administration of this Section.
(i) Fines imposed and any costs assessed shall be paid
within 60 days.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-70)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-70. Receivership. In the event a cemetery
authority license is suspended or revoked or where an
unlicensed person has conducted activities requiring cemetery
authority licensure under this Act, the Department, through the
Attorney General, may petition the circuit courts of this State
for appointment of a receiver to administer the care funds of
such licensee or unlicensed person or to operate the cemetery.
(a) The court shall appoint a receiver if the court
determines that a receivership is necessary or advisable:
(1) to ensure the orderly and proper conduct of a

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licensee's professional business and affairs during or in
the aftermath of the administrative proceeding to revoke or
suspend the cemetery authority's license;
(2) for the protection of the public's interest and
rights in the business, premises, or activities of the
person sought to be placed in receivership;
(3) upon a showing of actual or constructive
abandonment of premises or business licensed or which was
not but should have been licensed under this Act;
(4) upon a showing of serious and repeated violations
of this Act demonstrating an inability or unwillingness of
a licensee to comply with the requirements of this Act;
(5) to prevent loss, wasting, dissipation, theft, or
conversion of assets that should be marshaled and held
available for the honoring of obligations under this Act;
or
(6) upon proof of other grounds that the court deems
good and sufficient for instituting receivership action
concerning the respondent sought to be placed in
receivership.
(b) A receivership under this Section may be temporary, or
for the winding up and dissolution of the business, as the
Department may request and the court determines to be necessary
or advisable in the circumstances. Venue of receivership
proceedings may be, at the Department's election, in Cook
County or the county where the subject of the receivership is

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located. The appointed receiver shall be the Department or such
person as the Department may nominate and the court shall
approve.
(c) The Department may adopt rules for the implementation
of this Section.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-75)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-75. Cemetery Relief Fund.
(a) A special income-earning fund is hereby created in the
State treasury, known as the Cemetery Relief Fund.
(b) Beginning on July 1, 2011, and occurring on an annual
basis every year thereafter, three percent of the moneys in the
Cemetery Oversight Licensing and Disciplinary Fund shall be
deposited into the Cemetery Relief Fund.
(c) All monies deposited 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 grants to units of local
government and not-for-profit organizations, including, but
not limited to, not-for-profit cemetery authorities, to clean
up cemeteries that have been abandoned, neglected, or are
otherwise in need of additional care.
(d) The grant program shall be administered by the
Department.

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(e) In the event there is a structural surplus in the
Cemetery Oversight Licensing and Disciplinary Fund, the
Department may expend moneys out of the Cemetery Oversight
Licensing and Disciplinary Fund for the purposes described in
subsection (c) of this Section.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-105)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-105. Violations. Each of the following acts is a
Class A misdemeanor for the first offense and a Class 4 felony
for each subsequent offense:
(1) the practice of or attempted practice of or holding
out as available to practice as a cemetery authority,
cemetery manager, or customer service employee without a
license; or
(2) the obtaining of or the attempt to obtain any
license or authorization under this Act by fraud or
misrepresentation. Any person who is found to have violated
any provision of this Act or any applicant for licensure
who files with the Department the fingerprints of an
individual other than himself or herself is guilty of a
Class A misdemeanor. Upon conviction of a second or
subsequent offense the violator shall be guilty of a Class
4 felony. However, whoever intentionally fails to deposit
the required amounts into a trust provided for in this Act

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or intentionally and improperly withdraws or uses trust
funds for his or her own benefit shall be guilty of a Class
4 felony and each day such provisions are violated shall
constitute a separate offense.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-110)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-110. Civil action and civil penalties. In addition
to the other penalties and remedies provided in this Act, the
Department may bring a civil action in the county in which the
cemetery is located against a licensee or any other person to
enjoin any violation or threatened violation of this Act. In
addition to any other penalty provided by law, any person who
violates this Act shall forfeit and pay a civil penalty to the
Department in an amount not to exceed $8,000 $10,000 for each
violation as determined by the Department. The civil penalty
shall be assessed by the Department in accordance with the
provisions of this Act. Any civil penalty shall be paid within
60 days after the effective date of the order imposing the
civil penalty. The order shall constitute a judgment and may be
filed and execution had thereon in the same manner as any
judgment from any court of record. All moneys collected under
this Section shall be deposited into the Cemetery Oversight
Licensing and Disciplinary Fund.
(Source: P.A. 96-863, eff. 3-1-10.)

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(225 ILCS 411/25-120)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-120. Whistleblower protection.
(a) "Retaliatory action" means the reprimand, discharge,
suspension, demotion, denial of promotion or transfer, or
change in the terms and conditions of employment of any
cemetery manager, licensed customer service employee, or
employee cemetery worker that is taken in retaliation for a
cemetery manager's, customer service employee's, or employee's
cemetery worker's involvement in protected activity, as set
forth in this Section.
(b) A cemetery authority shall not take any retaliatory
action against a cemetery manager, customer service employee,
or employee cemetery worker because the cemetery manager,
customer service employee, or employee cemetery worker does any
of the following:
(1) Discloses or threatens to disclose to a supervisor
or to a public body an activity, policy, or practice of a
cemetery manager, customer service employee, or the
cemetery authority that the cemetery manager, customer
service employee, or employee cemetery worker reasonably
believes is in violation of a law, rule, or regulation.
(2) Provides information to or testifies before any
public body conducting an investigation, hearing, or
inquiry into any violation of a law, rule, or regulation by

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a cemetery manager or cemetery authority.
(3) Assists or participates in a proceeding to enforce
the provisions of this Act.
(c) A violation of this Section may be established only
upon a finding that (i) the cemetery manager, customer service
employee, or employee cemetery worker engaged in conduct
described in subsection (b) of this Section and (ii) that this
conduct was a contributing factor in the retaliatory action
alleged by the cemetery manager, customer service employee, or
employee cemetery worker. It is not a violation, however, if it
is demonstrated by clear and convincing evidence that the
cemetery manager or cemetery authority would have taken the
same unfavorable personnel action in the absence of that
conduct.
(d) The cemetery manager, customer service employee, or
employee cemetery worker may be awarded all remedies necessary
to make the cemetery manager, customer service employee, or
employee cemetery worker whole and to prevent future violations
of this Section. Remedies imposed by the court may include, but
are not limited to, all of the following:
(1) reinstatement of the individual to either the same
position held before the retaliatory action or to an
equivalent position;
(2) two times the amount of back pay;
(3) interest on the back pay;
(4) the reinstatement of full fringe benefits and

SB1830 Enrolled - 70 - LRB097 08660 CEL 48789 b
seniority rights; and
(5) the payment of reasonable costs and attorneys'
fees.
(e) Nothing in this Section shall be deemed to diminish the
rights, privileges, or remedies of a cemetery manager, customer
service employee, or employee cemetery worker under any other
federal or State law, rule, or regulation or under any
employment contract.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-125)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25-125. Cemetery Oversight Board. The Cemetery
Oversight Board is created and shall consist of the Secretary,
who shall serve as its chairperson, and 8 members appointed by
the Secretary. Appointments shall be made within 90 days after
the effective date of this Act. Three members shall represent
the segment of the cemetery industry that does not maintain a
partial exemption or full exemption, one member shall represent
the segment of the cemetery industry that maintains a partial
exemption as a public cemetery, one member shall represent the
segment of the cemetery industry that maintains a partial
exemption as a religious cemetery, 2 members shall be consumers
as defined in this Act, and one member shall represent the
general public. No member shall be a licensed professional from
a non-cemetery segment of the death care industry. Board

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members shall serve 5-year terms and until their successors are
appointed and qualified. The membership of the Board should
reasonably reflect representation from the geographic areas in
this State. No member shall be reappointed to the Board for a
term that would cause his or her continuous service on the
Board to be longer than 10 successive years. Appointments to
fill vacancies shall be made in the same manner as original
appointments, for the unexpired portion of the vacated term.
Five members of the Board shall constitute a quorum. A quorum
is required for Board decisions. The Secretary may remove any
member of the Board for misconduct, incompetence, neglect of
duty, or for reasons prescribed by law for removal of State
officials. The Secretary may remove a member of the Board who
does not attend 2 consecutive meetings. The Department may, at
any time, seek the expert advice and knowledge of the Board on
any matter relating to the administration or enforcement of
this Act. The Secretary shall consider the recommendations of
the Board in the development of proposed rules under this Act
and in the approval of entities seeking to offer certification
programs to cemetery manager applicants and customer service
employee applicants and for establishing guidelines and
examinations as may be required under this Act. Notice of any
proposed rulemaking under this Act and applications submitted
by entities seeking to offer certification programs shall be
transmitted to the Board and the Department shall review the
response of the Board and any recommendations made therein.

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(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/75-50)
(Section scheduled to be repealed on January 1, 2021)
Sec. 75-50. Burial permits. Notwithstanding any law to the
contrary, a cemetery authority shall ensure that every burial
permit shall contain applicable to that cemetery authority
contains the decedent's parcel identification number or other
information as provided by rule regarding the location of the
interment, entombment, or inurnment of the deceased that would
enable the Department to determine the precise location of the
decedent.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/75-55)
(Section scheduled to be repealed on January 1, 2021)
Sec. 75-55. Transition.
(a) (Blank). Within 60 days after the effective date of
this Act, the Comptroller shall provide the Department copies
of records in the Comptroller's possession pertaining to the
Cemetery Care Act and the Crematory Regulation Act that are
necessary for the Department's immediate responsibilities
under this Act. All other records pertaining to the Cemetery
Care Act with the exception of records pertaining to care
funds.
(b) (Blank).

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(c) All cemeteries not maintaining a full exemption or
partial exemption shall pay a one-time fee to the Department,
due no later than December 15, 2010, equal to $20 plus an
additional charge of $1 for each burial performed within the
cemetery during calendar year 2009. To support the costs that
may be associated with implementing and maintaining a licensure
and regulatory process for the licensure and regulation of
cemetery authorities, cemetery managers, customer service
employees, and cemetery workers, all cemetery authorities not
maintaining a full exemption or partial exemption shall pay a
one-time fee of $20 to the Department plus an additional charge
of $1 per burial unit per year within the cemetery. The
Department may establish forms for the collection of the fee
established under this subsection and shall deposit such fee
into the Cemetery Oversight Licensing and Disciplinary Fund.
The Department may begin to collect the aforementioned fee
after the effective date of this Act. In addition, the
Department may establish rules for the collection process,
which may include, but shall not be limited to, dates, forms,
enforcement, or other procedures necessary for the effective
collection, deposit, and overall process regarding this
Section.
(d) All fees collected under this Section prior to the
effective date of this amendatory Act of the 97th General
Assembly shall not be refunded. Any cemetery authority that
fails to pay to the Department the required fee or submits the

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incorrect amount shall be subject to the penalties provided for
in Section 25-110 of this Act.
(e) (Blank). Except as otherwise specifically provided,
all fees, fines, penalties, or other moneys received or
collected pursuant to this Act shall be deposited in the
Cemetery Oversight Licensing and Disciplinary Fund.
(f) (Blank).
(g) (Blank).
(Source: P.A. 96-863, eff. 3-1-10; 97-593, eff. 8-26-11.)
(225 ILCS 411/10-10 rep.)
(225 ILCS 411/10-22 rep.)
(225 ILCS 411/Art. 15 rep.)
(225 ILCS 411/20-11 rep.)
(225 ILCS 411/20-25 rep.)
(225 ILCS 411/Art. 22 rep.)
(225 ILCS 411/25-13 rep.)
(225 ILCS 411/90-90 rep.)
(225 ILCS 411/90-95 rep.)
Section 27. The Cemetery Oversight Act is amended by
repealing Sections 10-10, 10-22, 20-11, 20-25, 25-13, 90-90,
and 90-95 and Articles 15 and 22.
Section 30. The Crematory Regulation Act is amended by
changing Sections 5, 7, 10, 11, 11.5, 13, 14, 20, 22, 25, 40,
55, 60, 62, 62.5, 62.10, 62.15, 62.20, 65, 80, 85, 87, 88, 89,

SB1830 Enrolled - 75 - LRB097 08660 CEL 48789 b
90, 91, 92, and 94 as follows:
(410 ILCS 18/5)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 5. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Comptroller in the applicant's or licensee's application
file or license file. It is the duty of the applicant or
licensee to inform the Comptroller of any change of address
within 14 days, and such changes must be made either through
the Comptroller's website or by contacting the Comptroller. The
address of record shall be the permanent street address of the
crematory.
"Alternative container" means a receptacle, other than a
casket, in which human remains are transported to the crematory
and placed in the cremation chamber for cremation. An
alternative container shall be (i) composed of readily
combustible or consumable materials suitable for cremation,
(ii) able to be closed in order to provide a complete covering
for the human remains, (iii) resistant to leakage or spillage,
(iv) rigid enough for handling with ease, and (v) able to
provide protection for the health, safety, and personal
integrity of crematory personnel.
"Authorizing agent" means a person legally entitled to
order the cremation and final disposition of specific human

SB1830 Enrolled - 76 - LRB097 08660 CEL 48789 b
remains.
"Body parts" means limbs or other portions of the anatomy
that are removed from a person or human remains for medical
purposes during treatment, surgery, biopsy, autopsy, or
medical research; or human bodies or any portion of bodies that
have been donated to science for medical research purposes.
"Burial transit permit" means a permit for disposition of a
dead human body as required by Illinois law.
"Casket" means a rigid container that is designed for the
encasement of human remains, is usually constructed of wood,
metal, or like material and ornamented and lined with fabric,
and may or may not be combustible.
"Change of ownership" means a transfer of more than 50% of
the stock or assets of a crematory authority.
"Comptroller" means the Comptroller of the State of
Illinois.
"Cremated remains" means all human remains recovered after
the completion of the cremation, which may possibly include the
residue of any foreign matter including casket material,
bridgework, or eyeglasses, that was cremated with the human
remains.
"Cremation" means the technical process, using heat and
flame, or alkaline hydrolysis that reduces human remains to
bone fragments. The reduction takes place through heat and
evaporation or through hydrolysis. Cremation shall include the
processing, and may include the pulverization, of the bone

SB1830 Enrolled - 77 - LRB097 08660 CEL 48789 b
fragments.
"Cremation chamber" means the enclosed space within which
the cremation takes place.
"Cremation interment container" means a rigid outer
container that, subject to a cemetery's rules and regulations,
is composed of concrete, steel, fiberglass, or some similar
material in which an urn is placed prior to being interred in
the ground, and which is designed to withstand prolonged
exposure to the elements and to support the earth above the
urn.
"Cremation room" means the room in which the cremation
chamber is located.
"Crematory" means the building or portion of a building
that houses the cremation room and the holding facility.
"Crematory authority" means the legal entity which is
licensed by the Comptroller to operate a crematory and to
perform cremations.
"Department" means the Illinois Department of Public
Health.
"Final disposition" means the burial, cremation, or other
disposition of a dead human body or parts of a dead human body.
"Funeral director" means a person known by the title of
"funeral director", "funeral director and embalmer", or other
similar words or titles, licensed by the State to practice
funeral directing or funeral directing and embalming.
"Funeral establishment" means a building or separate

SB1830 Enrolled - 78 - LRB097 08660 CEL 48789 b
portion of a building having a specific street address and
location and devoted to activities relating to the shelter,
care, custody, and preparation of a deceased human body and may
contain facilities for funeral or wake services.
"Holding facility" means an area that (i) is designated for
the retention of human remains prior to cremation, (ii)
complies with all applicable public health law, (iii) preserves
the health and safety of the crematory authority personnel, and
(iv) is secure from access by anyone other than authorized
persons. A holding facility may be located in a cremation room.
"Human remains" means the body of a deceased person,
including any form of body prosthesis that has been permanently
attached or implanted in the body.
"Licensee" means an entity licensed under this Act. An
entity that holds itself as a licensee or that is accused of
unlicensed practice is considered a licensee for purposes of
enforcement, investigation, hearings, and the Illinois
Administrative Procedure Act.
"Niche" means a compartment or cubicle for the
memorialization and permanent placement of an urn containing
cremated remains.
"Person" means any person, partnership, association,
corporation, limited liability company, or other entity, and in
the case of any such business organization, its officers,
partners, members, or shareholders possessing 25% or more of
ownership of the entity.

SB1830 Enrolled - 79 - LRB097 08660 CEL 48789 b
"Processing" means the reduction of identifiable bone
fragments after the completion of the cremation process to
unidentifiable bone fragments by manual or mechanical means.
"Pulverization" means the reduction of identifiable bone
fragments after the completion of the cremation process to
granulated particles by manual or mechanical means.
"Scattering area" means an area which may be designated by
a cemetery and located on dedicated cemetery property where
cremated remains, which have been removed from their container,
can be mixed with, or placed on top of, the soil or ground
cover.
"Temporary container" means a receptacle for cremated
remains, usually composed of cardboard, plastic or similar
material, that can be closed in a manner that prevents the
leakage or spillage of the cremated remains or the entrance of
foreign material, and is a single container of sufficient size
to hold the cremated remains until an urn is acquired or the
cremated remains are scattered.
"Urn" means a receptacle designed to encase the cremated
remains.
(Source: P.A. 92-675, eff. 7-1-03.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 5. Definitions. As used in this Act:
"Address of record" means the designated address recorded

SB1830 Enrolled - 80 - LRB097 08660 CEL 48789 b
by the Comptroller Department in the applicant's or licensee's
application file or license file. It is the duty of the
applicant or licensee to inform the Comptroller Department of
any change of address within 14 days, and such changes must be
made either through the Comptroller's Department's website or
by contacting the Comptroller Department's licensure
maintenance unit. The address of record shall be the permanent
street address of the crematory.
"Alternative container" means a receptacle, other than a
casket, in which human remains are transported to the crematory
and placed in the cremation chamber for cremation. An
alternative container shall be (i) composed of readily
combustible or consumable materials suitable for cremation,
(ii) able to be closed in order to provide a complete covering
for the human remains, (iii) resistant to leakage or spillage,
(iv) rigid enough for handling with ease, and (v) able to
provide protection for the health, safety, and personal
integrity of crematory personnel.
"Authorizing agent" means a person legally entitled to
order the cremation and final disposition of specific human
remains.
"Body parts" means limbs or other portions of the anatomy
that are removed from a person or human remains for medical
purposes during treatment, surgery, biopsy, autopsy, or
medical research; or human bodies or any portion of bodies that
have been donated to science for medical research purposes.

SB1830 Enrolled - 81 - LRB097 08660 CEL 48789 b
"Burial transit permit" means a permit for disposition of a
dead human body as required by Illinois law.
"Casket" means a rigid container that is designed for the
encasement of human remains, is usually constructed of wood,
metal, or like material and ornamented and lined with fabric,
and may or may not be combustible.
"Comptroller" means the Comptroller of the State of
Illinois.
"Cremated remains" means all human remains recovered after
the completion of the cremation, which may possibly include the
residue of any foreign matter including casket material,
bridgework, or eyeglasses, that was cremated with the human
remains.
"Cremation" means the technical process, using heat and
flame, or alkaline hydrolysis that reduces human remains to
bone fragments. The reduction takes place through heat and
evaporation or through hydrolysis. Cremation shall include the
processing, and may include the pulverization, of the bone
fragments.
"Cremation chamber" means the enclosed space within which
the cremation takes place.
"Cremation interment container" means a rigid outer
container that, subject to a cemetery's rules and regulations,
is composed of concrete, steel, fiberglass, or some similar
material in which an urn is placed prior to being interred in
the ground, and which is designed to withstand prolonged

SB1830 Enrolled - 82 - LRB097 08660 CEL 48789 b
exposure to the elements and to support the earth above the
urn.
"Cremation room" means the room in which the cremation
chamber is located.
"Crematory" means the building or portion of a building
that houses the cremation room and the holding facility.
"Crematory authority" means the legal entity which is
licensed by the Comptroller Department to operate a crematory
and to perform cremations.
"Department" means the Illinois Department of Financial
and Professional Regulation.
"Final disposition" means the burial, cremation, or other
disposition of a dead human body or parts of a dead human body.
"Funeral director" means a person known by the title of
"funeral director", "funeral director and embalmer", or other
similar words or titles, licensed by the State to practice
funeral directing or funeral directing and embalming.
"Funeral establishment" means a building or separate
portion of a building having a specific street address and
location and devoted to activities relating to the shelter,
care, custody, and preparation of a deceased human body and may
contain facilities for funeral or wake services.
"Holding facility" means an area that (i) is designated for
the retention of human remains prior to cremation, (ii)
complies with all applicable public health law, (iii) preserves
the health and safety of the crematory authority personnel, and

SB1830 Enrolled - 83 - LRB097 08660 CEL 48789 b
(iv) is secure from access by anyone other than authorized
persons. A holding facility may be located in a cremation room.
"Human remains" means the body of a deceased person,
including any form of body prosthesis that has been permanently
attached or implanted in the body.
"Licensee" means an entity licensed under this Act. An
entity that holds itself as a licensee or that is accused of
unlicensed practice is considered a licensee for purposes of
enforcement, investigation, hearings, and the Illinois
Administrative Procedure Act.
"Niche" means a compartment or cubicle for the
memorialization and permanent placement of an urn containing
cremated remains.
"Person" means any person, partnership, association,
corporation, limited liability company, or other entity, and in
the case of any such business organization, its officers,
partners, members, or shareholders possessing 25% or more of
ownership of the entity.
"Processing" means the reduction of identifiable bone
fragments after the completion of the cremation process to
unidentifiable bone fragments by manual or mechanical means.
"Pulverization" means the reduction of identifiable bone
fragments after the completion of the cremation process to
granulated particles by manual or mechanical means.
"Scattering area" means an area which may be designated by
a cemetery and located on dedicated cemetery property where

SB1830 Enrolled - 84 - LRB097 08660 CEL 48789 b
cremated remains, which have been removed from their container,
can be mixed with, or placed on top of, the soil or ground
cover.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Temporary container" means a receptacle for cremated
remains, usually composed of cardboard, plastic or similar
material, that can be closed in a manner that prevents the
leakage or spillage of the cremated remains or the entrance of
foreign material, and is a single container of sufficient size
to hold the cremated remains until an urn is acquired or the
cremated remains are scattered.
"Urn" means a receptacle designed to encase the cremated
remains.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/7)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 7. Powers and duties of the Comptroller Department.
Subject to the provisions of this Act, the Comptroller
Department may exercise any of the following powers and duties:
(1) Authorize standards to ascertain the
qualifications and fitness of applicants for licensing as
licensed crematory authorities and pass upon the

SB1830 Enrolled - 85 - LRB097 08660 CEL 48789 b
qualifications of applicants for licensure.
(2) Examine and audit a licensed crematory authority's
records, crematory, or any other aspects of crematory
operation as the Comptroller Department deems appropriate.
(3) Investigate any and all unlicensed activity.
(4) Conduct hearings on proceedings to refuse to issue
licenses or to revoke, suspend, place on probation,
reprimand, or otherwise discipline licensees and to refuse
to issue licenses or to revoke, suspend, place on
probation, reprimand, or otherwise discipline licensees.
(5) Formulate rules required for the administration of
this Act.
(6) Maintain rosters of the names and addresses of all
licensees, and all entities whose licenses have been
suspended, revoked, or otherwise disciplined. These
rosters shall be available upon written request and payment
of the required fee as established by rule.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/10)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
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,

SB1830 Enrolled - 86 - LRB097 08660 CEL 48789 b
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 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 $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.

SB1830 Enrolled - 87 - LRB097 08660 CEL 48789 b
(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.
(3.5) (Blank). Attestation by the owner that cremation
services shall be by a person trained in accordance with
the requirements of Section 22 of this Act.
(3.10) (Blank). A copy of the certification or
certifications issued by the certification program to the
person or persons who will operate the cremation device.
(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, and (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

SB1830 Enrolled - 88 - LRB097 08660 CEL 48789 b
March 15 of each calendar year, in the Office of the
Comptroller. 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. The Comptroller
shall, for good cause shown, grant an extension for the filing
of the annual report upon the written request of the crematory
authority. An extension shall not exceed 60 days. 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.
(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 inspection must

SB1830 Enrolled - 89 - LRB097 08660 CEL 48789 b
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 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; and
(5) the crematory authority license issued by the
Comptroller is conspicuously displayed at the crematory.
(h) The Comptroller shall issue licenses under this Act to
the crematories that are registered with the Comptroller as of
March 1, 2012 July 1, 2003 without requiring the previously
registered crematories to complete license applications.
(Source: P.A. 92-419, eff. 1-1-02; 92-675, eff. 7-1-03.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
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

SB1830 Enrolled - 90 - LRB097 08660 CEL 48789 b
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
Department. Applications shall be accompanied by a reasonable
fee of $50 determined by rule 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.

SB1830 Enrolled - 91 - LRB097 08660 CEL 48789 b
(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
Department reasonably may require as established by rule.
(e) Each crematory authority shall file an annual report
with the Comptroller Department, accompanied with a $25
reasonable fee determined by rule, 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
Department may require as established by rule. 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

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the Comptroller Department within the time specified in this
Section, the Comptroller Department shall impose upon the
crematory authority a penalty of $5 as provided for by rule for
each and every day the crematory authority remains delinquent
in submitting the annual report. The Comptroller Department may
abate all or part of the $5 daily penalty for good cause shown.
(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 Department may inspect crematory
records at the crematory authority's place of business to
review the licensee's compliance with this Act. 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 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; and
(5) the crematory authority license issued by the
Comptroller Department is conspicuously displayed at the

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crematory.
(6) other details as determined by rule.
(h) The Comptroller Department 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.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/11)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 11. Grounds for denial or discipline refusal of
license or suspension or revocation of license.
(a) In this Section, "applicant" means a person who has
applied for a license under this Act, including those persons
whose names are listed on a license application in Section 10
of this Act.
(b) The Comptroller may refuse to issue a license, place on
probation, reprimand, or take other appropriate disciplinary
action that the Comptroller may deem appropriate, including
fines not to exceed $5,000 for each violation, with regard to
any license under this Act, or may suspend or revoke a license
issued under this Act, on any of the following grounds:
(1) The applicant or licensee has made any
misrepresentation or false statement or concealed any

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material fact in furnishing information to the Comptroller
in connection with a license application or licensure under
this Act.
(2) The applicant or licensee has been engaged in
business practices that work a fraud.
(3) The applicant or licensee has refused to give
information required under this Act to be disclosed to the
Comptroller or failing, within 30 days, to provide
information in response to a written request made by the
Comptroller.
(4) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public. The applicant or licensee has
conducted or is about to conduct cremation business in a
fraudulent manner.
(5) As to any individual listed in the license
application as required under Section 10, that individual
has conducted or is about to conduct any cremation business
on behalf of the applicant in a fraudulent manner or has
been convicted of any felony or misdemeanor an essential
element of which is fraud.
(6) The applicant or licensee has failed to make the
annual report required by this Act or to comply with a
final order, decision, or finding of the Comptroller made
under this Act.
(7) The applicant or licensee, including any member,

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officer, or director of the applicant or licensee if the
applicant or licensee is a firm, partnership, association,
or corporation and including any shareholder holding more
than 25% of the corporate stock of the applicant or
licensee, has violated any provision of this Act or any
regulation or order made by the Comptroller under this Act.
(8) The Comptroller finds any fact or condition
existing that, if it had existed at the time of the
original application for a license under this Act, would
have warranted the Comptroller in refusing the issuance of
the license.
(9) Any violation of this Act or of the rules adopted
under this Act.
(10) Incompetence.
(11) Gross malpractice.
(12) Discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or substantially
equivalent to those set forth in this Section.
(13) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for professional services not actually or personally
rendered.
(14) A finding by the Comptroller that the licensee,
after having its license placed on probationary status, has

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violated the terms of probation.
(15) Willfully making or filing false records or
reports, including, but not limited to, false records filed
with State agencies or departments.
(16) Gross, willful, or continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered.
(17) Practicing under a false or, except as provided by
law, an assumed name.
(18) Cheating on or attempting to subvert this Act's
licensing application process.
(Source: P.A. 92-675, eff. 7-1-03.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 11. Grounds for denial or discipline.
(a) In this Section, "applicant" means a person who has
applied for a license under this Act including those persons
whose names are listed on a license application in Section 10
of this Act.
(b) The Comptroller Department may refuse to issue a
license, place on probation, reprimand, or take other
disciplinary action that the Comptroller Department may deem
appropriate, including imposing fines not to exceed $5,000
$10,000 for each violation, with regard to any license under
this Act, or may suspend or revoke a license issued under this

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Act, on any of the following grounds:
(1) The applicant or licensee has made any
misrepresentation or false statement or concealed any
material fact in furnishing information to the Comptroller
Department.
(2) The applicant or licensee has been engaged in
business practices that work a fraud.
(3) The applicant or licensee has refused to give
information required under this Act to be disclosed to the
Comptroller Department or failing, within 30 days, to
provide information in response to a written request made
by the Comptroller Department.
(4) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(5) As to any individual listed in the license
application as required under Section 10, that individual
has conducted or is about to conduct any cremation business
on behalf of the applicant in a fraudulent manner or has
been convicted of any felony or misdemeanor an essential
element of which is fraud.
(6) The applicant or licensee has failed to make the
annual report required by this Act or to comply with a
final order, decision, or finding of the Comptroller
Department made under this Act.
(7) The applicant or licensee, including any member,

SB1830 Enrolled - 98 - LRB097 08660 CEL 48789 b
officer, or director of the applicant or licensee if the
applicant or licensee is a firm, partnership, association,
or corporation and including any shareholder holding more
than 25% of the corporate stock of the applicant or
licensee, has violated any provision of this Act or any
regulation or order made by the Comptroller Department
under this Act.
(8) The Comptroller Department finds any fact or
condition existing that, if it had existed at the time of
the original application for a license under this Act,
would have warranted the Comptroller in refusing the
issuance of the license.
(9) Any violation of this Act or of the rules adopted
under this Act.
(10) Incompetence.
(11) Gross malpractice.
(12) Discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or substantially
equivalent to those set forth in this Section.
(13) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate, or other form of compensation
for professional services not actually or personally
rendered.
(14) A finding by the Comptroller Department that the

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licensee, after having its license placed on probationary
status, has violated the terms of probation.
(15) Willfully making or filing false records or
reports, including, but not limited to, false records filed
with State agencies or departments.
(16) Gross, willful, or continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not rendered.
(17) Practicing under a false or, except as provided by
law, an assumed name.
(18) Cheating on or attempting to subvert this Act's
licensing application process.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/11.5)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 11.5. License revocation or suspension; surrender of
license.
(a) (Blank). Upon determining that grounds exist for the
revocation or suspension of a license issued under this Act,
the Comptroller, if appropriate, may revoke or suspend the
license issued to the licensee.
(b) Upon the revocation or suspension of a license issued
under this Act, the licensee must immediately surrender the
license to the Comptroller. If the licensee fails to do so, the

SB1830 Enrolled - 100 - LRB097 08660 CEL 48789 b
Comptroller may seize the license.
(Source: P.A. 92-675, eff. 7-1-03.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 11.5. License revocation or suspension; surrender of
license.
(a) (Blank).
(b) Upon the revocation or suspension of a license issued
under this Act, the licensee must immediately surrender the
license to the Comptroller Department. If the licensee fails to
do so, the Comptroller Department may seize the license.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/13)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 13. License; display; transfer; duration.
(a) Every license issued under this Act must state the
number of the license, the business name and address of the
licensee's principal place of business, and the licensee's
parent company, if any. The license must be conspicuously
posted in the place of business operating under the license.
(b) After initial licensure, if any person comes to obtain
at least 51% of the ownership over the licensed crematory
authority, then the crematory authority shall apply for a new

SB1830 Enrolled - 101 - LRB097 08660 CEL 48789 b
license in the required time as set out by rule. No license is
transferable or assignable without the express written consent
of the Comptroller. A transfer of more than 50% of the
ownership of any business licensed under this Act shall be
deemed to be an attempted assignment of the license originally
issued to the licensee for whom consent of the Comptroller is
required.
(c) Every license issued under this Act shall remain in
force until it has been surrendered, suspended, or revoked in
accordance with this Act. Upon the request of an interested
person or on the Comptroller's own motion, the Comptroller may
issue a new license to a licensee whose license has been
revoked under this Act if no factor or condition then exists
which would have warranted the Comptroller in originally
refusing the issuance of the license.
(Source: P.A. 92-675, eff. 7-1-03.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 13. License; display; transfer; duration.
(a) Every license issued under this Act must state the
number of the license, the business name and address of the
licensee's principal place of business, and the licensee's
parent company, if any. The license must be conspicuously
posted in the place of business operating under the license.
(b) After initial licensure, if any person comes to obtain

SB1830 Enrolled - 102 - LRB097 08660 CEL 48789 b
at least 51% 25% of the ownership over the licensed crematory
authority, then the crematory authority shall have to apply for
a new license and receive licensure in the required time as set
out by rule.
(c) Every license issued under this Act shall remain in
force until it has been surrendered, suspended, or revoked in
accordance with this Act. Upon the request of an interested
person or on the Comptroller's Department's own motion, the
Comptroller Department may issue a new license to a licensee
whose license has been revoked under this Act if no factor or
condition then exists which would have warranted the
Comptroller Department in originally refusing the issuance of
the license.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/14)
(Section scheduled to be repealed on January 1, 2021)
Sec. 14. Display of cremation device permit. A crematory
authority must conspicuously display in its place of business
the operating permit issued to its cremation device by the
Illinois Environmental Protection Agency and the license
issued by the Comptroller under this Act. All rulemaking
authority in connection with such operating permits issued by
the Illinois Environmental Protection Agency shall be vested
with the Illinois Environmental Protection Agency and all
rulemaking authority in connection with licenses issued by the

SB1830 Enrolled - 103 - LRB097 08660 CEL 48789 b
Comptroller under this Act shall be vested with the
Comptroller.
(Source: P.A. 92-675, eff. 7-1-03.)
(410 ILCS 18/20)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 20. Authorization to cremate.
(a) A crematory authority shall not cremate human remains
until it has received all of the following:
(1) A cremation authorization form signed by an
authorizing agent. The cremation authorization form shall
be provided by the crematory authority and shall contain,
at a minimum, the following information:
(A) The identity of the human remains and the time
and date of death.
(B) The name of the funeral director and or funeral
establishment, if applicable, that obtained the
cremation authorization.
(C) Notification as to whether the death occurred
from a disease declared by the Department of Health to
be infectious, contagious, communicable, or dangerous
to the public health.
(D) The name of the authorizing agent and the
relationship between the authorizing agent and the
decedent.

SB1830 Enrolled - 104 - LRB097 08660 CEL 48789 b
(E) A representation that the authorizing agent
does in fact have the right to authorize the cremation
of the decedent, and that the authorizing agent is not
aware of any living person who has a superior priority
right to that of the authorizing agent, as set forth in
Section 15. In the event there is another living person
who has a superior priority right to that of the
authorizing agent, the form shall contain a
representation that the authorizing agent has made all
reasonable efforts to contact that person, has been
unable to do so, and has no reason to believe that the
person would object to the cremation of the decedent.
(F) Authorization for the crematory authority to
cremate the human remains.
(G) A representation that the human remains do not
contain a pacemaker or any other material or implant
that may be potentially hazardous or cause damage to
the cremation chamber or the person performing the
cremation.
(H) The name of the person authorized to receive
the cremated remains from the crematory authority.
(I) The manner in which final disposition of the
cremated remains is to take place, if known. If the
cremation authorization form does not specify final
disposition in a grave, crypt, niche, or scattering
area, then the form may indicate that the cremated

SB1830 Enrolled - 105 - LRB097 08660 CEL 48789 b
remains will be held by the crematory authority for 30
days before they are released, unless they are picked
up from the crematory authority prior to that time, in
person, by the authorizing agent. At the end of the 30
days the crematory authority may return the cremated
remains to the authorizing agent if no final
disposition arrangements are made; or at the end of 60
days the crematory authority may dispose of the
cremated remains in accordance with subsection (d) of
Section 40.
(J) A listing of any items of value to be delivered
to the crematory authority along with the human
remains, and instructions as to how the items should be
handled.
(K) A specific statement as to whether the
authorizing agent has made arrangements for any type of
viewing of the decedent before cremation, or for a
service with the decedent present before cremation in
connection with the cremation, and if so, the date and
time of the viewing or service and whether the
crematory authority is authorized to proceed with the
cremation upon receipt of the human remains.
(L) The signature of the authorizing agent,
attesting to the accuracy of all representations
contained on the cremation authorization form, except
as set forth in paragraph (M) of this subsection.

SB1830 Enrolled - 106 - LRB097 08660 CEL 48789 b
(M) If a cremation authorization form is being
executed on a pre-need basis, the cremation
authorization form shall contain the disclosure
required by subsection (b) of Section 140 65.
(N) The cremation authorization form, other than
pre-need cremation forms, shall also be signed by a
funeral director or other representative of the
funeral establishment that obtained the cremation
authorization. That individual shall merely execute
the cremation authorization form as a witness and shall
not be responsible for any of the representations made
by the authorizing agent, unless the individual has
actual knowledge to the contrary. The information
requested by items (A), (B), (C) and (G) of this
subsection, however, shall be considered to be
representations of the authorizing agent. In addition,
the funeral director or funeral establishment shall
warrant to the crematory that the human remains
delivered to the crematory authority are the human
remains identified on the cremation authorization
form.
(2) A completed and executed burial transit permit
indicating that the human remains are to be cremated.
(3) Any other documentation required by this State.
(b) If an authorizing agent is not available to execute a
cremation authorization form in person, that person may

SB1830 Enrolled - 107 - LRB097 08660 CEL 48789 b
delegate that authority to another person in writing, or by
sending the crematory authority a facsimile transmission that
contains the name, address, and relationship of the sender to
the decedent and the name and address of the individual to whom
authority is delegated. Upon receipt of the written document,
or facsimile transmission, telegram, or other electronic
telecommunications transmission which specifies the individual
to whom authority has been delegated, the crematory authority
shall allow this individual to serve as the authorizing agent
and to execute the cremation authorization form. The crematory
authority shall be entitled to rely upon the cremation
authorization form without liability.
(c) An authorizing agent who signs a cremation
authorization form shall be deemed to warrant the truthfulness
of any facts set forth on the cremation authorization form,
including that person's authority to order the cremation;
except for the information required by items (C) and (G) of
paragraph (1) of subsection (a) of this Section, unless the
authorizing agent has actual knowledge to the contrary. An
authorizing agent signing a cremation authorization form shall
be personally and individually liable for all damages
occasioned by and resulting from authorizing the cremation.
(d) A crematory authority shall have authority to cremate
human remains upon the receipt of a cremation authorization
form signed by an authorizing agent. There shall be no
liability for a crematory authority that cremates human remains

SB1830 Enrolled - 108 - LRB097 08660 CEL 48789 b
according to an authorization, or that releases or disposes of
the cremated remains according to an authorization, except for
a crematory authority's gross negligence, provided that the
crematory authority performs its functions in compliance with
this Act.
(e) After an authorizing agent has executed a cremation
authorization form, the authorizing agent may revoke the
authorization and instruct the crematory authority to cancel
the cremation and to release or deliver the human remains to
another crematory authority or funeral establishment. The
instructions shall be provided to the crematory authority in
writing. A crematory authority shall honor any instructions
given to it by an authorizing agent under this Section if it
receives the instructions prior to beginning the cremation of
the human remains.
(Source: P.A. 87-1187.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 20. Authorization to cremate.
(a) A crematory authority shall not cremate human remains
until it has received all of the following:
(1) A cremation authorization form signed by an
authorizing agent. The cremation authorization form shall
be provided by the crematory authority and shall contain,
at a minimum, the following information:

SB1830 Enrolled - 109 - LRB097 08660 CEL 48789 b
(A) The identity of the human remains and the time
and date of death.
(B) The name of the funeral director and funeral
establishment, if applicable, that obtained the
cremation authorization.
(C) Notification as to whether the death occurred
from a disease declared by the Department of Health to
be infectious, contagious, communicable, or dangerous
to the public health.
(D) The name of the authorizing agent and the
relationship between the authorizing agent and the
decedent.
(E) A representation that the authorizing agent
does in fact have the right to authorize the cremation
of the decedent, and that the authorizing agent is not
aware of any living person who has a superior priority
right to that of the authorizing agent, as set forth in
Section 15. In the event there is another living person
who has a superior priority right to that of the
authorizing agent, the form shall contain a
representation that the authorizing agent has made all
reasonable efforts to contact that person, has been
unable to do so, and has no reason to believe that the
person would object to the cremation of the decedent.
(F) Authorization for the crematory authority to
cremate the human remains.

SB1830 Enrolled - 110 - LRB097 08660 CEL 48789 b
(G) A representation that the human remains do not
contain a pacemaker or any other material or implant
that may be potentially hazardous or cause damage to
the cremation chamber or the person performing the
cremation.
(H) The name of the person authorized to receive
the cremated remains from the crematory authority.
(I) The manner in which final disposition of the
cremated remains is to take place, if known. If the
cremation authorization form does not specify final
disposition in a grave, crypt, niche, or scattering
area, then the form may indicate that the cremated
remains will be held by the crematory authority for 30
days before they are released, unless they are picked
up from the crematory authority prior to that time, in
person, by the authorizing agent. At the end of the 30
days the crematory authority may return the cremated
remains to the authorizing agent if no final
disposition arrangements are made; or at the end of 60
days the crematory authority may dispose of the
cremated remains in accordance with subsection (d) of
Section 40.
(J) A listing of any items of value to be delivered
to the crematory authority along with the human
remains, and instructions as to how the items should be
handled.

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(K) A specific statement as to whether the
authorizing agent has made arrangements for any type of
viewing of the decedent before cremation, or for a
service with the decedent present before cremation in
connection with the cremation, and if so, the date and
time of the viewing or service and whether the
crematory authority is authorized to proceed with the
cremation upon receipt of the human remains.
(L) The signature of the authorizing agent,
attesting to the accuracy of all representations
contained on the cremation authorization form, except
as set forth in paragraph (M) of this subsection.
(M) If a cremation authorization form is being
executed on a pre-need basis, the cremation
authorization form shall contain the disclosure
required by subsection (b) of Section 140.
(N) The cremation authorization form, other than
pre-need cremation forms, shall also be signed by a
funeral director or other representative of the
funeral establishment that obtained the cremation
authorization. That individual shall merely execute
the cremation authorization form as a witness and shall
not be responsible for any of the representations made
by the authorizing agent, unless the individual has
actual knowledge to the contrary. The information
requested by items (A), (B), (C) and (G) of this

SB1830 Enrolled - 112 - LRB097 08660 CEL 48789 b
subsection, however, shall be considered to be
representations of the authorizing agent. In addition,
the funeral director or funeral establishment shall
warrant to the crematory that the human remains
delivered to the crematory authority are the human
remains identified on the cremation authorization
form.
(2) A completed and executed burial transit permit
indicating that the human remains are to be cremated.
(3) Any other documentation required by this State.
(b) If an authorizing agent is not available to execute a
cremation authorization form in person, that person may
delegate that authority to another person in writing, or by
sending the crematory authority a facsimile transmission that
contains the name, address, and relationship of the sender to
the decedent and the name and address of the individual to whom
authority is delegated. Upon receipt of the written document,
or facsimile transmission, telegram, or other electronic
telecommunications transmission which specifies the individual
to whom authority has been delegated, the crematory authority
shall allow this individual to serve as the authorizing agent
and to execute the cremation authorization form. The crematory
authority shall be entitled to rely upon the cremation
authorization form without liability.
(c) An authorizing agent who signs a cremation
authorization form shall be deemed to warrant the truthfulness

SB1830 Enrolled - 113 - LRB097 08660 CEL 48789 b
of any facts set forth on the cremation authorization form,
including that person's authority to order the cremation;
except for the information required by items (C) and (G) of
paragraph (1) of subsection (a) of this Section, unless the
authorizing agent has actual knowledge to the contrary. An
authorizing agent signing a cremation authorization form shall
be personally and individually liable for all damages
occasioned by and resulting from authorizing the cremation.
(d) A crematory authority shall have authority to cremate
human remains upon the receipt of a cremation authorization
form signed by an authorizing agent. There shall be no
liability for a crematory authority that cremates human remains
according to an authorization, or that releases or disposes of
the cremated remains according to an authorization, except for
a crematory authority's gross negligence, provided that the
crematory authority performs its functions in compliance with
this Act.
(e) After an authorizing agent has executed a cremation
authorization form, the authorizing agent may revoke the
authorization and instruct the crematory authority to cancel
the cremation and to release or deliver the human remains to
another crematory authority or funeral establishment. The
instructions shall be provided to the crematory authority in
writing. A crematory authority shall honor any instructions
given to it by an authorizing agent under this Section if it
receives the instructions prior to beginning the cremation of

SB1830 Enrolled - 114 - LRB097 08660 CEL 48789 b
the human remains.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/22)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
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. For purposes of this Act, the Comptroller
may shall 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 shall 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

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otherwise determined by rule.
(Source: P.A. 92-675, eff. 7-1-03.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
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 Department. 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 as determined by
rule, 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
Department and is under the supervision of the trained person.
For purposes of this Act, the Comptroller Department 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 Department 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

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otherwise determined by rule.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/25)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25. Recordkeeping.
(a) The crematory authority shall furnish to the person who
delivers human remains to the crematory authority a receipt
signed at the time of delivery by both the crematory authority
and the person who delivers the human remains, showing the date
and time of the delivery, the type of casket or alternative
container that was delivered, the name of the person from whom
the human remains were received and the name of the funeral
establishment or other entity with whom the person is
affiliated, the name of the person who received the human
remains on behalf of the crematory authority, and the name of
the decedent. The crematory shall retain a copy of this receipt
in its permanent records.
(b) Upon its release of cremated remains, the crematory
authority shall furnish to the person who receives the cremated
remains from the crematory authority a receipt signed by both
the crematory authority and the person who receives the
cremated remains, showing the date and time of the release, the
name of the person to whom the cremated remains were released
and the name of the funeral establishment, cemetery, or other

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entity with whom the person is affiliated, the name of the
person who released the cremated remains on behalf of the
crematory authority, and the name of the decedent. The
crematory shall retain a copy of this receipt in its permanent
records.
(c) A crematory authority shall maintain at its place of
business a permanent record of each cremation that took place
at its facility which shall contain the name of the decedent,
the date of the cremation, and the final disposition of the
cremated remains.
(d) The crematory authority shall maintain a record of all
cremated remains disposed of by the crematory authority in
accordance with subsection (d) of Section 40.
(e) Upon completion of the cremation, the crematory
authority shall file the burial transit permit as required by
the Illinois Vital Records Act and rules adopted under that Act
and the Illinois Counties Code law, and transmit a photocopy of
the burial transit permit along with the cremated remains to
whoever receives the cremated remains from the authorizing
agent unless the cremated remains are to be interred, entombed,
inurned, or placed in a scattering area, in which case the
crematory authority shall retain a copy of the burial transit
permit and shall send the permit, along with the cremated
remains, to the cemetery, which shall file the permit with the
designated agency after the interment, entombment, inurnment,
or scattering has taken place.

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(f) All cemeteries shall maintain a record of all cremated
remains that are disposed of on their property, provided that
the cremated remains were properly transferred to the cemetery
and the cemetery issued a receipt acknowledging the transfer of
the cremated remains.
(Source: P.A. 87-1187.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 25. Recordkeeping.
(a) The crematory authority shall furnish to the person who
delivers human remains to the crematory authority a receipt
signed at the time of delivery by both the crematory authority
and the person who delivers the human remains, showing the date
and time of the delivery, the type of casket or alternative
container that was delivered, the name of the person from whom
the human remains were received and the name of the funeral
establishment or other entity with whom the person is
affiliated, the name of the person who received the human
remains on behalf of the crematory authority, and the name of
the decedent. The crematory shall retain a copy of this receipt
in its permanent records.
(b) Upon its release of cremated remains, the crematory
authority shall furnish to the person who receives the cremated
remains from the crematory authority a receipt signed by both
the crematory authority and the person who receives the

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cremated remains, showing the date and time of the release, the
name of the person to whom the cremated remains were released
and the name of the funeral establishment, cemetery, or other
entity with whom the person is affiliated, the name of the
person who released the cremated remains on behalf of the
crematory authority, and the name of the decedent. The
crematory shall retain a copy of this receipt in its permanent
records.
(c) A crematory authority shall maintain at its place of
business a permanent record of each cremation that took place
at its facility which shall contain the name of the decedent,
the date of the cremation, and the final disposition of the
cremated remains.
(d) The crematory authority shall maintain a record of all
cremated remains disposed of by the crematory authority in
accordance with subsection (d) of Section 40.
(e) Upon completion of the cremation, the crematory
authority shall file the burial transit permit as required by
the Illinois Vital Records Act and rules adopted under that Act
and the Illinois Counties Code, and transmit a photocopy of the
burial transit permit along with the cremated remains to
whoever receives the cremated remains from the authorizing
agent unless the cremated remains are to be interred, entombed,
inurned, or placed in a scattering area, in which case the
crematory authority shall retain a copy of the burial transit
permit and shall send the permit, along with the cremated

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remains, to the cemetery, which shall file the permit with the
designated agency after the interment, entombment, inurnment,
or scattering has taken place.
(f) All cemeteries shall maintain a record of all cremated
remains that are disposed of on their property, provided that
the cremated remains were properly transferred to the cemetery
and the cemetery issued a receipt acknowledging the transfer of
the cremated remains.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/40)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 40. Disposition of cremated remains.
(a) The authorizing agent shall be responsible for the
final disposition of the cremated remains.
(b) Cremated remains may be disposed of by placing them in
a grave, crypt, or niche, by scattering them in a scattering
area as defined in this Act, or in any manner whatever on the
private property of a consenting owner.
(c) Upon the completion of the cremation process, and
except as provided for in item (I) (J) of paragraph (1) of
subsection (a) of Section 20, if the crematory authority has
not been instructed to arrange for the interment, entombment,
inurnment, or scattering of the cremated remains, the crematory
authority shall deliver the cremated remains to the individual

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specified on the cremation authorization form, or if no
individual is specified then to the authorizing agent. The
delivery may be made in person or by registered mail. Upon
receipt of the cremated remains, the individual receiving them
may transport them in any manner in this State without a
permit, and may dispose of them in accordance with this
Section. After delivery, the crematory authority shall be
discharged from any legal obligation or liability concerning
the cremated remains.
(d) If, after a period of 60 days from the date of the
cremation, the authorizing agent or the agent's designee has
not instructed the crematory authority to arrange for the final
disposition of the cremated remains or claimed the cremated
remains, the crematory authority may dispose of the cremated
remains in any manner permitted by this Section. The crematory
authority, however, shall keep a permanent record identifying
the site of final disposition. The authorizing agent shall be
responsible for reimbursing the crematory authority for all
reasonable expenses incurred in disposing of the cremated
remains. Upon disposing of the cremated remains, the crematory
authority shall be discharged from any legal obligation or
liability concerning the cremated remains. Any person who was
in possession of cremated remains prior to the effective date
of this Act may dispose of them in accordance with this
Section.
(e) Except with the express written permission of the

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authorizing agent, no person shall:
(1) Dispose of cremated remains in a manner or in a
location so that the cremated remains are commingled with
those of another person. This prohibition shall not apply
to the scattering of cremated remains at sea, by air, or in
an area located in a dedicated cemetery and used
exclusively for those purposes.
(2) Place cremated remains of more than one person in
the same temporary container or urn.
(Source: P.A. 87-1187.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 40. Disposition of cremated remains.
(a) The authorizing agent shall be responsible for the
final disposition of the cremated remains.
(b) Cremated remains may be disposed of by placing them in
a grave, crypt, or niche, by scattering them in a scattering
area as defined in this Act, or in any manner whatever on the
private property of a consenting owner.
(c) Upon the completion of the cremation process, and
except as provided for in item (I) of paragraph (1) of
subsection (a) of Section 20, if the crematory authority has
not been instructed to arrange for the interment, entombment,
inurnment, or scattering of the cremated remains, the crematory
authority shall deliver the cremated remains to the individual

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specified on the cremation authorization form, or if no
individual is specified then to the authorizing agent. The
delivery may be made in person or by registered mail. Upon
receipt of the cremated remains, the individual receiving them
may transport them in any manner in this State without a
permit, and may dispose of them in accordance with this
Section. After delivery, the crematory authority shall be
discharged from any legal obligation or liability concerning
the cremated remains.
(d) If, after a period of 60 days from the date of the
cremation, the authorizing agent or the agent's designee has
not instructed the crematory authority to arrange for the final
disposition of the cremated remains or claimed the cremated
remains, the crematory authority may dispose of the cremated
remains in any manner permitted by this Section. The crematory
authority, however, shall keep a permanent record identifying
the site of final disposition. The authorizing agent shall be
responsible for reimbursing the crematory authority for all
reasonable expenses incurred in disposing of the cremated
remains. Upon disposing of the cremated remains, the crematory
authority shall be discharged from any legal obligation or
liability concerning the cremated remains. Any person who was
in possession of cremated remains prior to the effective date
of this Act may dispose of them in accordance with this
Section.
(e) Except with the express written permission of the

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authorizing agent, no person shall:
(1) Dispose of cremated remains in a manner or in a
location so that the cremated remains are commingled with
those of another person. This prohibition shall not apply
to the scattering of cremated remains at sea, by air, or in
an area located in a dedicated cemetery and used
exclusively for those purposes.
(2) Place cremated remains of more than one person in
the same temporary container or urn.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/55)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 55. Penalties.
Violations of this Act shall be punishable as follows:
(1) Performing a cremation without receipt of a
cremation authorization form signed by an authorizing
agent shall be a Class 4 felony.
(2) Signing a cremation authorization form with the
actual knowledge that the form contains false or incorrect
information shall be a Class 4 felony.
(3) A Violation of any cremation procedure set forth in
Section 35 shall be a Class 4 felony.
(4) Holding oneself out to the public as a crematory
authority, or the operation of a building or structure

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within this State as a crematory, without being licensed
under this Act, shall be a Class A misdemeanor.
(4.5) Performance of a cremation service by a person
who has not completed a training program as defined in
Section 22 of this Act shall be a Class A misdemeanor.
(4.10) Any person who intentionally violates a
provision of this Act or a final order of the Comptroller
is liable for a civil penalty not to exceed $5,000 per
violation.
(4.15) Any person who knowingly acts without proper
legal authority and who willfully and knowingly destroys or
damages the remains of a deceased human being or who
desecrates human remains is guilty of a Class 3 felony.
(5) A violation of any other provision of this Act
shall be a Class B misdemeanor.
(Source: P.A. 92-675, eff. 7-1-03.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 55. Penalties. Violations of this Act shall be
punishable as follows:
(1) Performing a cremation without receipt of a
cremation authorization form signed by an authorizing
agent shall be a Class 4 felony.
(2) Signing a cremation authorization form with the
actual knowledge that the form contains false or incorrect

SB1830 Enrolled - 126 - LRB097 08660 CEL 48789 b
information shall be a Class 4 felony.
(3) A Violation of any cremation procedure set forth in
Section 35 shall be a Class 4 felony.
(4) Holding oneself out to the public as a crematory
authority, or the operation of a building or structure
within this State as a crematory, without being licensed
under this Act, shall be a Class A misdemeanor.
(4.5) Performance of a cremation service by a person
who has not completed a training program as defined in
Section 22 of this Act shall be a Class A misdemeanor.
(4.10) Any person who intentionally violates a
provision of this Act or a final order of the Comptroller
Department is liable for a civil penalty not to exceed
$5,000 $10,000 per violation.
(4.15) Any person who knowingly acts without proper
legal authority and who willfully and knowingly destroys or
damages the remains of a deceased human being or who
desecrates human remains is guilty of a Class 3 felony.
(5) A violation of any other provision of this Act
shall be a Class B misdemeanor.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/60)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 60. Failure to file annual report. Whenever a

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crematory authority refuses or neglects to file its annual
report in violation of Section 10 of this Act, or fails to
otherwise comply with the requirements of this Act, the
Comptroller shall impose a penalty as provided for by rule for
each and every day the licensee remains delinquent in
submitting the annual report. Such report shall be made under
oath and shall be in a form determined by the Comptroller may
commence an administrative proceeding as authorized by this Act
or may communicate the facts to the Attorney General of the
State of Illinois who shall thereupon institute such
proceedings against the crematory authority or its officers as
the nature of the case may require.
(Source: P.A. 92-675, eff. 7-1-03.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 60. Failure to file annual report. Whenever a
crematory authority refuses or neglects to file its annual
report in violation of Section 10 of this Act, or fails to
otherwise comply with the requirements of this Act, the
Comptroller Department shall impose a penalty as provided for
by rule for each and every day the licensee remains delinquent
in submitting the annual report. Such report shall be made
under oath and shall be in a form determined by the Comptroller
Department.
(Source: P.A. 96-863, eff. 3-1-12.)

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(410 ILCS 18/62)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 62. Injunctive action; cease and desist order
Investigation of unlawful practices.
(a) If any person violates the provisions of this Act, the
Comptroller, in the name of the People of the State of
Illinois, through the Attorney General or the State's Attorney
of the county in which the violation is alleged to have
occurred, may petition for an order enjoining the violation or
for an order enforcing compliance with this Act. Upon the
filing of a verified petition, the court with appropriate
jurisdiction may issue a temporary restraining order, without
notice or bond, and may preliminarily and permanently enjoin
the violation. If it is established that the person has
violated or is violating the injunction, the court may punish
the offender for contempt of court. Proceedings under this
Section are in addition to, and not in lieu of, all other
remedies and penalties provided by this Act.
(b) Whenever, in the opinion of the Comptroller, a person
violates any provision of this Act, the Comptroller may issue a
rule to show cause why an order to cease and desist should not
be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Comptroller and shall
allow at least 7 days from the date of the rule to file an

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answer satisfactory to the Comptroller. Failure to answer to
the satisfaction of the Comptroller shall cause an order to
cease and desist to be issued.
If the Comptroller has good cause to believe that a person has
engaged in, is engaging in, or is about to engage in any
practice in violation of this Act, the Comptroller may do any
one or more of the following:
(1) Require that person to file, on terms the
Comptroller prescribes, a statement or report in writing,
under oath or otherwise, containing all information that
the Comptroller considers necessary to ascertain whether a
licensee is in compliance with this Act, or whether an
unlicensed person is engaging in activities for which a
license is required under this Act.
(2) Examine under oath any person in connection with
the books and records required to be maintained under this
Act.
(3) Examine any books and records of a licensee that
the Comptroller considers necessary to ascertain
compliance with this Act.
(4) Require the production of a copy of any record,
book, document, account, or paper that is produced in
accordance with this Act and retain it in the Comptroller's
possession until the completion of all proceedings in
connection with which it is produced.
(Source: P.A. 92-675, eff. 7-1-03.)

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(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 62. Injunctive action; cease and desist order.
(a) If any person violates the provisions of this Act, the
Comptroller Secretary, in the name of the People of the State
of Illinois, through the Attorney General or the State's
Attorney of the county in which the violation is alleged to
have occurred, may petition for an order enjoining the
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition, the court with
appropriate jurisdiction may issue a temporary restraining
order, without notice or bond, and may preliminarily and
permanently enjoin the violation. If it is established that the
person has violated or is violating the injunction, the court
may punish the offender for contempt of court. Proceedings
under this Section are in addition to, and not in lieu of, all
other remedies and penalties provided by this Act.
(b) Whenever, in the opinion of the Comptroller Department,
a person violates any provision of this Act, the Comptroller
Department may issue a rule to show cause why an order to cease
and desist should not be entered against that person. The rule
shall clearly set forth the grounds relied upon by the
Comptroller Department and shall allow at least 7 days from the
date of the rule to file an answer satisfactory to the
Comptroller Department. Failure to answer to the satisfaction

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of the Comptroller Department shall cause an order to cease and
desist to be issued.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/62.5)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 62.5. Service of notice. Service by the Comptroller of
any notice requiring a person to file a statement or report
under this Act shall be made: (1) personally by delivery of a
duly executed copy of the notice to the person to be served or,
if that person is not a natural person, in the manner provided
in the Civil Practice Law when a complaint is filed; or (2) by
mailing by certified mail a duly executed copy of the notice to
the person at his or her address of record to be served at his
or her last known abode or principal place of business within
this State.
(Source: P.A. 92-675, eff. 7-1-03.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 62.5. Service of notice. Service by the Comptroller
Department of any notice requiring a person to file a statement
or report under this Act shall be made: (1) personally by
delivery of a duly executed copy of the notice to the person to
be served or, if that person is not a natural person, in the

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manner provided in the Civil Practice Law when a complaint is
filed; or (2) by mailing by certified mail a duly executed copy
of the notice to the person at his or her address of record.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/62.10)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 62.10. Investigations; notice and hearing
Investigation of actions; hearing.
The Comptroller may at any time investigate the actions of
any applicant or of any person, persons, or entity rendering or
offering to render cremation services or any person or entity
holding or claiming to hold a license as a licensed crematory.
The Comptroller shall, before revoking, suspending, placing on
probation, reprimanding, or taking any other disciplinary
action under Section 11 of this Act, at least 30 days before
the date set for the hearing, (i) notify the accused in writing
of the charges made and the time and place for the hearing on
the charges, (ii) direct the accused applicant or licensee to
file a written answer to the charges with the Comptroller under
oath within 20 days after the service on him or her of the
notice, and (iii) inform the accused that, if he or she fails
to answer, default will be taken against him or her or that his
or her license may be suspended, revoked, placed on
probationary status, or other disciplinary action taken with

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regard to the license, including limiting the scope, nature, or
extent of his or her practice, as the Comptroller may consider
proper.
At the time and place fixed in the notice, the Comptroller
shall proceed to hear the charges and the parties or their
counsel shall be accorded ample opportunity to present any
pertinent statements, testimony, evidence, and arguments. The
Comptroller shall have the authority to appoint an attorney
duly licensed to practice law in the State of Illinois to serve
as the hearing officer in any disciplinary action with regard
to a license. The hearing officer shall have full authority to
conduct the hearing. The Comptroller may continue the hearing
from time to time. In case the person, after receiving the
notice, fails to file an answer, his or her license may, in the
discretion of the Comptroller, be suspended, revoked, placed on
probationary status, or the Comptroller may take whatever
disciplinary action considered proper, including limiting the
scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for that action under
this Act. The written notice may be served by personal delivery
or by certified mail to the address specified by the accused in
his or her last notification with the Comptroller.
(a) The Comptroller shall make an investigation upon
discovering facts that, if proved, would constitute grounds for
refusal, suspension, or revocation of a license under this Act.

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(b) Before refusing to issue, and before suspending or
revoking, a license under this Act, the Comptroller shall hold
a hearing to determine whether the applicant for a license or
the licensee ("the respondent") is entitled to hold such a
license. At least 10 days before the date set for the hearing,
the Comptroller shall notify the respondent in writing that (i)
on the designated date a hearing will be held to determine the
respondent's eligibility for a license and (ii) the respondent
may appear in person or by counsel. The written notice may be
served on the respondent personally, or by registered or
certified mail sent to the respondent's business address as
shown in the respondent's latest notification to the
Comptroller. The notice must include sufficient information to
inform the respondent of the general nature of the reason for
the Comptroller's action.
(c) At the hearing, both the respondent and the complainant
shall be accorded ample opportunity to present in person or by
counsel such statements, testimony, evidence, and argument as
may be pertinent to the charge or to any defense to the charge.
The Comptroller may reasonably continue the hearing from time
to time. The Comptroller may subpoena any person or persons in
this State and take testimony orally, by deposition, or by
exhibit, in the same manner and with the same fees and mileage
as prescribed in judicial proceedings in civil cases. Any
authorized agent of the Comptroller may administer oaths to
witnesses at any hearing that the Comptroller is authorized to

SB1830 Enrolled - 135 - LRB097 08660 CEL 48789 b
conduct.
(d) The Comptroller, at the Comptroller's expense, shall
provide a certified shorthand reporter to take down the
testimony and preserve a record of every proceeding at the
hearing of any case involving the refusal to issue a license
under this Act, the suspension or revocation of such a license,
the imposition of a monetary penalty, or the referral of a case
for criminal prosecution. The record of any such proceeding
shall consist of the notice of hearing, the complaint, all
other documents in the nature of pleadings and written motions
filed in the proceeding, the transcript of testimony, and the
report and orders of the Comptroller. Copies of the transcript
of the record may be purchased from the certified shorthand
reporter who prepared the record or from the Comptroller.
(Source: P.A. 92-675, eff. 7-1-03.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 62.10. Investigations; notice and hearing. The
Comptroller Department may at any time investigate the actions
of any applicant or of any person, persons, or entity rendering
or offering to render cremation services or any person or
entity holding or claiming to hold a license as a licensed
crematory. The Comptroller Department shall, before revoking,
suspending, placing on probation, reprimanding, or taking any
other disciplinary action under Section 11 of this Act, at

SB1830 Enrolled - 136 - LRB097 08660 CEL 48789 b
least 30 days before the date set for the hearing, (i) notify
the accused in writing of the charges made and the time and
place for the hearing on the charges, (ii) direct the accused
applicant or licensee to file a written answer to the charges
with the Comptroller Department under oath within 20 days after
the service on him or her of the notice, and (iii) inform the
accused that, if he or she fails to answer, default will be
taken against him or her or that his or her license may be
suspended, revoked, placed on probationary status, or other
disciplinary action taken with regard to the license, including
limiting the scope, nature, or extent of his or her practice,
as the Comptroller Department may consider proper.
At the time and place fixed in the notice, the Comptroller
Department shall proceed to hear the charges and the parties or
their counsel shall be accorded ample opportunity to present
any pertinent statements, testimony, evidence, and arguments.
The Comptroller Secretary shall have the authority to appoint
an attorney duly licensed to practice law in the State of
Illinois to serve as the hearing officer in any disciplinary
action with regard to a license. The hearing officer shall have
full authority to conduct the hearing. The Comptroller
Department may continue the hearing from time to time. In case
the person, after receiving the notice, fails to file an
answer, his or her license may, in the discretion of the
Comptroller Department, be suspended, revoked, placed on
probationary status, or the Comptroller Department may take

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whatever disciplinary action considered proper, including
limiting the scope, nature, or extent of the person's practice
or the imposition of a fine, without a hearing, if the act or
acts charged constitute sufficient grounds for that action
under this Act. The written notice may be served by personal
delivery or by certified mail to the address specified by the
accused in his or her last notification with the Comptroller
Department.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/62.15)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 62.15. Compelling testimony Court order. Any circuit
court, upon application of the Comptroller or designated
hearing officer may enter an order requiring the attendance of
witnesses and their testimony, and the production of documents,
papers, files, books, and records in connection with any
hearing or investigation. The court may compel obedience to its
order by proceedings for contempt. Upon the application of the
Comptroller or of the applicant or licensee against whom
proceedings under Section 62.10 are pending, any circuit court
may enter an order requiring witnesses to attend and testify
and requiring the production of documents, papers, files,
books, and records in connection with any hearing in any
proceeding under that Section. Failure to obey such a court

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order may result in contempt proceedings.
(Source: P.A. 92-675, eff. 7-1-03.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 62.15. Compelling testimony. Any circuit court, upon
application of the Comptroller Department or designated
hearing officer may enter an order requiring the attendance of
witnesses and their testimony, and the production of documents,
papers, files, books, and records in connection with any
hearing or investigation. The court may compel obedience to its
order by proceedings for contempt.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/62.20)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 62.20. Administrative review; venue; certification of
record; costs Judicial review.
(a) All final administrative decisions of the Comptroller
are subject to judicial review under the Administrative Review
Law and its rules. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides, but if the party is not a resident of Illinois,

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the venue shall be in Sangamon County.
(c) The Comptroller shall not be required to certify any
record of the court, file an answer in court, or to otherwise
appear in any court in a judicial review proceeding unless and
until the Comptroller has received from the plaintiff payment
of the costs of furnishing and certifying the record, which
costs shall be determined by the Comptroller. Failure on the
part of the plaintiff to make such payment to the Comptroller
is grounds for dismissal of the action.
(a) Any person affected by a final administrative decision
of the Comptroller under this Act may have the decision
reviewed judicially by the circuit court of the county where
the person resides or, in the case of a corporation, where the
corporation's registered office is located. If the plaintiff in
the judicial review proceeding is not a resident of this State,
venue shall be in Sangamon County. The provisions of the
Administrative Review Law and any rules adopted under it govern
all proceedings for the judicial review of final administrative
decisions of the Comptroller under this Act. The term
"administrative decision" is defined as in the Administrative
Review Law.
(b) The Comptroller is not required to certify the record
of the proceeding unless the plaintiff in the review proceeding
has purchased a copy of the transcript from the certified
shorthand reporter who prepared the record or from the
Comptroller. Exhibits shall be certified without cost.

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(Source: P.A. 92-675, eff. 7-1-03.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 62.20. Administrative review; venue; certification of
record; costs.
(a) All final administrative decisions of the Comptroller
Department are subject to judicial review under the
Administrative Review Law and its rules. The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides, but if the party is not a resident of Illinois,
the venue shall be in Sangamon County.
(c) The Comptroller Department shall not be required to
certify any record of the court, file an answer in court, or to
otherwise appear in any court in a judicial review proceeding
unless and until the Comptroller Department has received from
the plaintiff payment of the costs of furnishing and certifying
the record, which costs shall be determined by the Comptroller
Department. Failure on the part of the plaintiff to make such
payment to the Comptroller Department is grounds for dismissal
of the action.
(Source: P.A. 96-863, eff. 3-1-12.)

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(410 ILCS 18/65)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 65. Pre-need cremation arrangements.
(a) Any person, or anyone who has legal authority to act on
behalf of a person, on a pre-need basis, may authorize his or
her own cremation and the final disposition of his or her
cremated remains by executing, as the authorizing agent, a
cremation authorization form on a pre-need basis. A copy of
this form shall be provided to the person. Any person shall
have the right to transfer or cancel this authorization at any
time prior to death by destroying the executed cremation
authorization form and providing written notice to the
crematory authority.
(b) Any cremation authorization form that is being executed
by an individual as his or her own authorizing agent on a
pre-need basis shall contain the following disclosure, which
shall be completed by the authorizing agent:
"( ) I do not wish to allow any of my survivors the option
of cancelling my cremation and selecting alternative
arrangements, regardless of whether my survivors deem
a change to be appropriate.
( ) I wish to allow only the survivors whom I have
designated below the option of cancelling my cremation
and selecting alternative arrangements, if they deem a
change to be appropriate:............"

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(c) Except as provided in subsection (b) of this Section,
at the time of the death of a person who has executed, as the
authorizing agent, a cremation authorization form on a pre-need
basis, any person in possession of an executed form and any
person charged with making arrangements for the final
disposition of the decedent who has knowledge of the existence
of an executed form, shall use their best efforts to ensure
that the decedent is cremated and that the final disposition of
the cremated remains is in accordance with the instructions
contained on the cremation authorization form. If a crematory
authority (i) is in possession of a completed cremation
authorization form that was executed on a pre-need basis, (ii)
is in possession of the designated human remains, and (iii) has
received payment for the cremation of the human remains and the
final disposition of the cremated remains or is otherwise
assured of payment, then the crematory authority shall be
required to cremate the human remains and dispose of the
cremated remains according to the instructions contained on the
cremation authorization form, and may do so without any
liability.
(d) (e) Any pre-need contract sold by, or pre-need
arrangements made with, a cemetery, funeral establishment,
crematory authority, or any other party that includes a
cremation shall specify the final disposition of the cremated
remains, in accordance with Section 40. In the event that no
different or inconsistent instructions are provided to the

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crematory authority by the authorizing agent at the time of
death, the crematory authority shall be authorized to release
or dispose of the cremated remains as indicated in the pre-need
agreement. Upon compliance with the terms of the pre-need
agreement, the crematory authority shall be discharged from any
legal obligation concerning the cremated remains. The pre-need
agreement shall be kept as a permanent record by the crematory
authority.
(e) (f) This Section shall not apply to any cremation
authorization form or pre-need contract executed prior to the
effective date of this Act. Any cemetery, funeral
establishment, crematory authority, or other party, however,
with the written approval of the authorizing agent or person
who executed the pre-need contract, may designate that the
cremation authorization form or pre-need contract shall be
subject to this Act.
(Source: P.A. 87-1187.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 65. Pre-need cremation arrangements.
(a) Any person, or anyone who has legal authority to act on
behalf of a person, on a pre-need basis, may authorize his or
her own cremation and the final disposition of his or her
cremated remains by executing, as the authorizing agent, a
cremation authorization form on a pre-need basis. A copy of

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this form shall be provided to the person. Any person shall
have the right to transfer or cancel this authorization at any
time prior to death by destroying the executed cremation
authorization form and providing written notice to the
crematory authority.
(b) Any cremation authorization form that is being executed
by an individual as his or her own authorizing agent on a
pre-need basis shall contain the following disclosure, which
shall be completed by the authorizing agent:
"( ) I do not wish to allow any of my survivors the option
of cancelling my cremation and selecting alternative
arrangements, regardless of whether my survivors deem
a change to be appropriate.
( ) I wish to allow only the survivors whom I have
designated below the option of cancelling my cremation
and selecting alternative arrangements, if they deem a
change to be appropriate:............"
(c) Except as provided in subsection (b) of this Section,
at the time of the death of a person who has executed, as the
authorizing agent, a cremation authorization form on a pre-need
basis, any person in possession of an executed form and any
person charged with making arrangements for the final
disposition of the decedent who has knowledge of the existence
of an executed form, shall use their best efforts to ensure
that the decedent is cremated and that the final disposition of
the cremated remains is in accordance with the instructions

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contained on the cremation authorization form. If a crematory
authority (i) is in possession of a completed cremation
authorization form that was executed on a pre-need basis, (ii)
is in possession of the designated human remains, and (iii) has
received payment for the cremation of the human remains and the
final disposition of the cremated remains or is otherwise
assured of payment, then the crematory authority shall be
required to cremate the human remains and dispose of the
cremated remains according to the instructions contained on the
cremation authorization form, and may do so without any
liability.
(d) Any pre-need contract sold by, or pre-need arrangements
made with, a cemetery, funeral establishment, crematory
authority, or any other party that includes a cremation shall
specify the final disposition of the cremated remains, in
accordance with Section 40. In the event that no different or
inconsistent instructions are provided to the crematory
authority by the authorizing agent at the time of death, the
crematory authority shall be authorized to release or dispose
of the cremated remains as indicated in the pre-need agreement.
Upon compliance with the terms of the pre-need agreement, the
crematory authority shall be discharged from any legal
obligation concerning the cremated remains. The pre-need
agreement shall be kept as a permanent record by the crematory
authority.
(e) This Section shall not apply to any cremation

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authorization form or pre-need contract executed prior to the
effective date of this Act. Any cemetery, funeral
establishment, crematory authority, or other party, however,
with the written approval of the authorizing agent or person
who executed the pre-need contract, may designate that the
cremation authorization form or pre-need contract shall be
subject to this Act.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/80)
(Text of Section before amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 80. Record of proceedings; transcript Home Rule. The
Comptroller, at its expense, shall preserve a record of all
proceedings at the formal hearing of any case. Any notice of
hearing, complaint, all other documents in the nature of
pleadings, written motions filed in the proceedings, the
transcripts of testimony, the report of the hearing officer,
and orders of the Comptroller shall be in the record of the
proceeding. The Comptroller shall furnish a transcript of such
record to any person interested in such hearing upon payment of
a reasonable fee. The regulation of crematories and crematory
authorities as set forth in this Act is an exclusive power and
function of the State. A home rule unit may not regulate
crematories or crematory authorities. This Section is a denial
and limitation of home rule powers and functions under

SB1830 Enrolled - 147 - LRB097 08660 CEL 48789 b
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 91-357, eff. 7-29-99.)
(Text of Section after amendment by P.A. 96-863)
(Section scheduled to be repealed on January 1, 2021)
Sec. 80. Record of proceedings; transcript. The
Comptroller Department, at its expense, shall preserve a record
of all proceedings at the formal hearing of any case. Any
notice of hearing, complaint, all other documents in the nature
of pleadings, written motions filed in the proceedings, the
transcripts of testimony, the report of the hearing officer,
and orders of the Comptroller Department shall be in the record
of the proceeding. The Comptroller Department shall furnish a
transcript of such record to any person interested in such
hearing upon payment of a reasonable fee the fee required under
Section 2105-115 of the Department of Professional Regulation
Law.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/85)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 85. Subpoenas; depositions; oaths. The Comptroller
Department has the power to subpoena documents, books, records

SB1830 Enrolled - 148 - LRB097 08660 CEL 48789 b
or other materials and to bring before it any person and to
take testimony either orally or by deposition, or both, with
the same fees and mileage and in the same manner as prescribed
in civil cases in the courts of this State. The Comptroller
Secretary, the designated hearing officer, or any qualified
person the Comptroller Department may designate has the power
to administer oaths to witnesses at any hearing that the
Comptroller Department is authorized to conduct, and any other
oaths authorized in any Act administered by the Comptroller
Department.
Every person having taken an oath or affirmation in any
proceeding or matter wherein an oath is required by this Act,
who shall swear willfully, corruptly and falsely in a matter
material to the issue or point in question, or shall suborn any
other person to swear as aforesaid, shall be guilty of perjury
or subornation of perjury, as the case may be and shall be
punished as provided by State law relative to perjury and
subornation of perjury.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/87)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 87. Findings and recommendations. At the conclusion of
the hearing, the hearing officer shall present to the

SB1830 Enrolled - 149 - LRB097 08660 CEL 48789 b
Comptroller Secretary a written report of its findings of fact,
conclusions of law, and recommendations. The report shall
contain a finding whether or not the accused person violated
this Act or its rules or failed to comply with the conditions
required in this Act or its rules. The hearing officer shall
specify the nature of any violations or failure to comply and
shall make recommendations to the Comptroller Secretary. In
making recommendations for any disciplinary actions, the
hearing officer may take into consideration all facts and
circumstances bearing upon the reasonableness of the conduct of
the accused and the potential for future harm to the public,
including but not limited to, previous discipline of the
accused by the Comptroller Department, intent, degree of harm
to the public and likelihood of harm in the future, any
restitution made by the accused, and whether the incident or
incidents contained in the complaint appear to be isolated or
represent a continuing pattern of conduct. In making its
recommendations for discipline, the hearing officer shall
endeavor to ensure that the severity of the discipline
recommended is reasonably related to the severity of the
violation. The report of findings of fact, conclusions of law,
and recommendation of the hearing officer shall be the basis
for the Comptroller's Department's order refusing to issue,
restore, place on probation, fine, suspend, revoke a license,
or otherwise disciplining a licensee. If the Comptroller
Secretary disagrees with the recommendations of the hearing

SB1830 Enrolled - 150 - LRB097 08660 CEL 48789 b
officer, the Comptroller Secretary may issue an order in
contravention of the hearing officer's recommendations. The
finding is not admissible in evidence against the person in a
criminal prosecution brought for a violation of this Act, but
the hearing and finding are not a bar to a criminal prosecution
brought for a violation of this Act.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/88)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 88. Rehearing. At the conclusion of the hearing, a
copy of the hearing officer's report shall be served upon the
applicant or licensee by the Comptroller Department, either
personally or as provided in this Act. Within 20 days after
service, the applicant or licensee may present to the
Department a motion in writing for a rehearing, which shall
specify the particular grounds for rehearing. The Comptroller
Department may respond to the motion for rehearing within 20
days after its service on the Comptroller Department. If no
motion for rehearing is filed, then upon the expiration of the
time specified for filing such a motion, or if a motion for
rehearing is denied, then upon denial, the Comptroller
Secretary may enter an order in accordance with recommendations
of the hearing officer except as provided in Section 89 of this

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Act.
If the applicant or licensee orders from the reporting
service and pays for a transcript of the record within the time
for filing a motion for rehearing, the 20-day period within
which a motion may be filed shall commence upon the delivery of
the transcript to the applicant or licensee.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/89)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 89. Comptroller Secretary; rehearing. Whenever the
Comptroller Secretary believes that substantial justice has
not been done in the revocation, suspension, or refusal to
issue or restore a license or other discipline of an applicant
or licensee, he or she may order a rehearing by the same or
other hearing officers.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/90)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 90. Order or certified copy; prima facie proof. An
order or certified copy thereof, over the seal of the

SB1830 Enrolled - 152 - LRB097 08660 CEL 48789 b
Comptroller Department and purporting to be signed by the
Comptroller Secretary, is prima facie proof that:
(a) the signature is the genuine signature of the
Comptroller Secretary;
(b) the Comptroller Secretary is duly appointed and
qualified; and
(c) the hearing officer is qualified to act.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/91)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 91. Civil action and civil penalties. In addition to
the other penalties and remedies provided in this Act, the
Comptroller Department may bring a civil action in the county
of residence of the licensee or any other person to enjoin any
violation or threatened violation of this Act. In addition to
any other penalty provided by law, any person who violates this
Act shall forfeit and pay a civil penalty to the Comptroller
Department in an amount not to exceed $5,000 $10,000 for each
violation as determined by the Comptroller Department. The
civil penalty shall be assessed by the Comptroller Department
in accordance with the provisions of this Act.
Any civil penalty shall be paid within 60 days after the
effective date of the order imposing the civil penalty. The

SB1830 Enrolled - 153 - LRB097 08660 CEL 48789 b
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record. All moneys collected under this Section
shall be deposited with the Comptroller into the Cemetery
Oversight Licensing and Disciplinary Fund.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/92)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 92. Consent order. At any point in any investigation
or disciplinary proceedings as provided in this Act, both
parties may agree to a negotiated consent order. The consent
order shall be final upon signature of the Comptroller
Secretary.
(Source: P.A. 96-863, eff. 3-1-12.)
(410 ILCS 18/94)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 94. Summary suspension of a license. The Comptroller
Secretary may summarily suspend a license of a licensed
crematory without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in this

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Act, if the Comptroller Secretary finds that evidence in the
Comptroller's Secretary's possession indicates that the
licensee's continued practice would constitute an imminent
danger to the public. In the event that the Comptroller
Secretary summarily suspends the license of a licensed
crematory without a hearing, a hearing must be commenced within
30 days after the suspension has occurred and concluded as
expeditiously as practical. In the event of a summary
suspension, the county coroner or medical examiner responsible
for the area where the crematory is located shall make
arrangements to dispose of any bodies in the suspended
licensee's possession after consulting with the authorizing
agents for those bodies.
(Source: P.A. 96-863, eff. 3-1-12.)
Section 35. The Vital Records Act is amended by changing
Sections 11 and 25 as follows:
(410 ILCS 535/11) (from Ch. 111 1/2, par. 73-11)
Sec. 11. Information required on forms.
(a) The form of certificates, reports, and other returns
required by this Act or by regulations adopted under this Act
shall include as a minimum the items recommended by the federal
agency responsible for national vital statistics, subject to
approval of and modification by the Department. All forms shall
be prescribed and furnished by the State Registrar of Vital

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Records.
(b) On and after the effective date of this amendatory Act
of 1983, all forms used to collect information under this Act
which request information concerning the race or ethnicity of
an individual by providing spaces for the designation of that
individual as "white" or "black", or the semantic equivalent
thereof, shall provide an additional space for a designation as
"Hispanic".
(c) Effective November 1, 1990, the social security numbers
of the mother and father shall be collected at the time of the
birth of the child. These numbers shall not be recorded on the
certificate of live birth. The numbers may be used only for
those purposes allowed by Federal law.
(d) The social security number of a person who has died
shall be entered on the death certificate; however, failure to
enter the social security number of the person who has died on
the death certificate does not invalidate the death
certificate.
(e) If the place of disposition of a dead human body or
cremated remains is in a cemetery, the burial permit shall
include the place of disposition. The place of disposition
shall include the lot, block, section, and plot or niche, and
depth, if applicable, where the dead human body or cremated
remains are located. This subsection does not apply to cremated
remains scattered in a cemetery.
(Source: P.A. 96-863, eff. 3-1-10.)

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(410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
Sec. 25. In accordance with Section 24 of this Act, and the
regulations adopted pursuant thereto:
(1) The State Registrar of Vital Records shall search the
files of birth, death, and fetal death records, upon receipt of
a written request and a fee of $10 from any applicant entitled
to such search. A search fee shall not be required for
commemorative birth certificates issued by the State
Registrar. If, upon search, the record requested is found, the
State Registrar shall furnish the applicant one certification
of such record, under the seal of such office. If the request
is for a certified copy of the record an additional fee of $5
shall be required. If the request is for a certified copy of a
death certificate or a fetal death certificate, an additional
fee of $2 is required. The additional fee shall be deposited
into the Death Certificate Surcharge Fund. A further fee of $2
shall be required for each additional certification or
certified copy requested. If the requested record is not found,
the State Registrar shall furnish the applicant a certification
attesting to that fact, if so requested by the applicant. A
further fee of $2 shall be required for each additional
certification that no record has been found.
Any local registrar or county clerk shall search the files
of birth, death and fetal death records, upon receipt of a
written request from any applicant entitled to such search. If

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upon search the record requested is found, such local registrar
or county clerk shall furnish the applicant one certification
or certified copy of such record, under the seal of such
office, upon payment of the applicable fees. If the requested
record is not found, the local registrar or county clerk shall
furnish the applicant a certification attesting to that fact,
if so requested by the applicant and upon payment of applicable
fee. The local registrar or county clerk must charge a $2 fee
for each certified copy of a death certificate. The fee is in
addition to any other fees that are charged by the local
registrar or county clerk. The additional fees must be
transmitted to the State Registrar monthly and deposited into
the Death Certificate Surcharge Fund. The local registrar or
county clerk may charge fees for providing other services for
which the State Registrar may charge fees under this Section.
A request to any custodian of vital records for a search of
the death record indexes for genealogical research shall
require a fee of $10 per name for a 5 year search. An
additional fee of $1 for each additional year searched shall be
required. If the requested record is found, one uncertified
copy shall be issued without additional charge.
Any fee received by the State Registrar pursuant to this
Section which is of an insufficient amount may be returned by
the State Registrar upon his recording the receipt of such fee
and the reason for its return. The State Registrar is
authorized to maintain a 2 signature, revolving checking

SB1830 Enrolled - 158 - LRB097 08660 CEL 48789 b
account with a suitable commercial bank for the purpose of
depositing and withdrawing-for-return cash received and
determined insufficient for the service requested.
No fee imposed under this Section may be assessed against
an organization chartered by Congress that requests a
certificate for the purpose of death verification.
Any custodian of vital records, whether it may be the
Department of Public Health, a local registrar, or a county
clerk shall charge an additional $2 for each certified copy of
a death certificate and that additional fee shall be collected
on behalf of the Department of Financial and Professional
Regulation for deposit into the Cemetery Oversight Licensing
and Disciplinary Fund.
(2) The certification of birth may contain only the name,
sex, date of birth, and place of birth, of the person to whom
it relates, the name, age and birthplace of the parents, and
the file number; and none of the other data on the certificate
of birth except as authorized under subsection (5) of this
Section.
(3) The certification of death shall contain only the name,
Social Security Number, sex, date of death, and place of death
of the person to whom it relates, and file number; and none of
the other data on the certificate of death except as authorized
under subsection (5) of this Section.
(4) Certification or a certified copy of a certificate
shall be issued:

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(a) Upon the order of a court of competent
jurisdiction; or
(b) In case of a birth certificate, upon the specific
written request for a certification or certified copy by
the person, if of legal age, by a parent or other legal
representative of the person to whom the record of birth
relates, or by a person having a genealogical interest; or
(c) Upon the specific written request for a
certification or certified copy by a department of the
state or a municipal corporation or the federal government;
or
(d) In case of a death or fetal death certificate, upon
specific written request for a certified copy by a person,
or his duly authorized agent, having a genealogical,
personal or property right interest in the record.
A genealogical interest shall be a proper purpose with
respect to births which occurred not less than 75 years and
deaths which occurred not less than 20 years prior to the date
of written request. Where the purpose of the request is a
genealogical interest, the custodian shall stamp the
certification or copy with the words, FOR GENEALOGICAL PURPOSES
ONLY.
(5) Any certification or certified copy issued pursuant to
this Section shall show the date of registration; and copies
issued from records marked "delayed," "amended," or "court
order" shall be similarly marked and show the effective date.

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(6) Any certification or certified copy of a certificate
issued in accordance with this Section shall be considered as
prima facie evidence of the facts therein stated, provided that
the evidentiary value of a certificate or record filed more
than one year after the event, or a record which has been
amended, shall be determined by the judicial or administrative
body or official before whom the certificate is offered as
evidence.
(7) Any certification or certified copy issued pursuant to
this Section shall be issued without charge when the record is
required by the United States Veterans Administration or by any
accredited veterans organization to be used in determining the
eligibility of any person to participate in benefits available
from such organization. Requests for such copies must be in
accordance with Sections 1 and 2 of "An Act to provide for the
furnishing of copies of public documents to interested
parties," approved May 17, 1935, as now or hereafter amended.
(8) The National Vital Statistics Division, or any agency
which may be substituted therefor, may be furnished such copies
or data as it may require for national statistics; provided
that the State shall be reimbursed for the cost of furnishing
such data; and provided further that such data shall not be
used for other than statistical purposes by the National Vital
Statistics Division, or any agency which may be substituted
therefor, unless so authorized by the State Registrar of Vital
Records.

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(9) Federal, State, local, and other public or private
agencies may, upon request, be furnished copies or data for
statistical purposes upon such terms or conditions as may be
prescribed by the Department.
(10) The State Registrar of Vital Records, at his
discretion and in the interest of promoting registration of
births, may issue, without fee, to the parents or guardian of
any or every child whose birth has been registered in
accordance with the provisions of this Act, a special notice of
registration of birth.
(11) No person shall prepare or issue any certificate which
purports to be an original, certified copy, or certification of
a certificate of birth, death, or fetal death, except as
authorized in this Act or regulations adopted hereunder.
(12) A computer print-out of any record of birth, death or
fetal record that may be certified under this Section may be
used in place of such certification and such computer print-out
shall have the same legal force and effect as a certified copy
of the document.
(13) The State Registrar may verify from the information
contained in the index maintained by the State Registrar the
authenticity of information on births, deaths, marriages and
dissolution of marriages provided to a federal agency or a
public agency of another state by a person seeking benefits or
employment from the agency, provided the agency pays a fee of
$10.

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(14) The State Registrar may issue commemorative birth
certificates to persons eligible to receive birth certificates
under this Section upon the payment of a fee to be determined
by the State Registrar.
(Source: P.A. 91-382, eff. 7-30-99; 92-141, eff. 7-24-01.)
Section 40. The Cemetery Protection Act is amended by
changing Section .01 as follows:
(765 ILCS 835/.01) (from Ch. 21, par. 14.01)
Sec. .01. For the purposes of this Act, the term:
"Cemetery authority" means an individual or legal entity
that owns or controls cemetery lands or property.
"Cemetery manager" means an individual who is engaged in,
or holding himself or herself out as engaged in, those
activities involved in or incidental to supervising the
following: the maintenance, operation, development, or
improvement of a cemetery licensed under this Act; the
interment of human remains; or the care, preservation, and
embellishment of cemetery property. This definition also
includes, without limitation, an individual that is an
independent contractor or individuals employed or contracted
by an independent contractor who is engaged in, or holding
himself or herself out as engaged in, those activities involved
in or incidental to supervising the following: the maintenance,
operation, development, or improvement of a cemetery licensed

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under this Act; the interment of human remains; or the care,
preservation, and embellishment of cemetery property.
"Community mausoleum" means a mausoleum owned and operated
by a cemetery authority that contains multiple entombment
rights sold to the public.
(Source: P.A. 96-863, eff. 3-1-10.)
Section 45. The Cemetery Association Act is amended by
changing Section 4 as follows:
(805 ILCS 320/4) (from Ch. 21, par. 38)
(Section scheduled to be repealed on March 1, 2012)
Sec. 4. That said persons so receiving said certificate of
organization of said association shall proceed to elect from
their own number a board of trustees for said association,
which said board shall consist of not less than six (6) nor
more than ten (10) members, as said persons so receiving said
certificate may determine; that said trustees when elected
shall immediately organize by electing from their own
membership a president, vice president and treasurer, and shall
also elect a secretary, who may or may not be a member of said
board of trustees, in their discretion, which said officers
shall hold their respective offices for and during the period
of one (1) year, and until their successors are duly elected
and qualified. Said trustees when so elected shall divide
themselves by lot into two classes, the first of which shall

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hold their offices for and during the period of three (3)
years, and the second of which shall hold their offices for and
during the period of six (6) years, and that thereafter the
term of office of said trustees shall be six (6) years, and
that upon the expiration of the term of office of any of said
trustees, or in case of the resignation or death or removal
from the State of Illinois of any of said trustees, or their
removal from office as provided in this act, the remaining
trustees, or a majority of them, shall notify the presiding
officer of the County Board in which said cemetery is situated,
of such vacancy or vacancies in writing and thereupon said
presiding officer shall appoint some suitable person or persons
to fill such vacancy or vacancies; and that thereafter the
presiding officer of the county board in which said cemetery
association is located shall always appoint some suitable
person or persons as trustees: Provided, however, that in
making such appointments the said presiding officer of the
County Board shall so exercise his power that at least
two-thirds (2-3) of said trustees shall be selected from
suitable persons residing within fifteen (15) miles of said
cemetery, or some part thereof, and the other appointees may be
suitable persons interested in said cemetery association
through family interments or otherwise who are citizens of the
State of Illinois.
(Source: P.A. 80-585. Repealed by P.A. 96-863, eff. 3-1-12.)

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Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.