Bill Text: IL SB2146 | 2023-2024 | 103rd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the amended bill. Provides that a crematory authority shall not take possession of unembalmed human remains that cannot be cremated within 24 hours unless it provides or maintains either of the following capable of maintaining a temperature of less than 40 degrees Fahrenheit: an operable refrigeration unit, with cleanable, noncorrosive interior and exterior finishes, or a suitable cooling room. Removes language providing that a crematory authority that is unable to cremate unembalmed human remains within 24 hours of taking custody of the human remains must provide or maintain an operable refrigeration unit that must be capable of holding at least 3 bodies. Removes language providing that each crematory authority shall pay a $5 fee for each cremation performed that calendar year. Effective immediately.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0253 [SB2146 Detail]
Download: Illinois-2023-SB2146-Engrossed.html
Bill Title: Reinserts the provisions of the amended bill. Provides that a crematory authority shall not take possession of unembalmed human remains that cannot be cremated within 24 hours unless it provides or maintains either of the following capable of maintaining a temperature of less than 40 degrees Fahrenheit: an operable refrigeration unit, with cleanable, noncorrosive interior and exterior finishes, or a suitable cooling room. Removes language providing that a crematory authority that is unable to cremate unembalmed human remains within 24 hours of taking custody of the human remains must provide or maintain an operable refrigeration unit that must be capable of holding at least 3 bodies. Removes language providing that each crematory authority shall pay a $5 fee for each cremation performed that calendar year. Effective immediately.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0253 [SB2146 Detail]
Download: Illinois-2023-SB2146-Engrossed.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning health.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Regulatory Sunset Act is amended by | ||||||
5 | changing Sections 4.34 and 4.39 as follows:
| ||||||
6 | (5 ILCS 80/4.34) | ||||||
7 | Sec. 4.34. Acts and Section repealed on January 1, 2024. | ||||||
8 | The following Acts and
Section of an Act are repealed
on | ||||||
9 | January 1, 2024: | ||||||
10 | The Crematory Regulation Act. | ||||||
11 | The Electrologist Licensing Act. | ||||||
12 | The Illinois Certified Shorthand Reporters Act of | ||||||
13 | 1984. | ||||||
14 | The Illinois Occupational Therapy Practice Act. | ||||||
15 | The Illinois Public Accounting Act. | ||||||
16 | The Private Detective, Private Alarm, Private | ||||||
17 | Security, Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
18 | The Registered Surgical Assistant and Registered | ||||||
19 | Surgical Technologist
Title Protection Act. | ||||||
20 | Section 2.5 of the Illinois Plumbing License Law.
| ||||||
21 | The Veterinary Medicine and Surgery Practice Act of | ||||||
22 | 2004. | ||||||
23 | (Source: P.A. 102-291, eff. 8-6-21.)
|
| |||||||
| |||||||
1 | (5 ILCS 80/4.39) | ||||||
2 | Sec. 4.39. Acts repealed on January 1, 2029 and December | ||||||
3 | 31, 2029. | ||||||
4 | (a) The following Acts are Act is repealed on January 1, | ||||||
5 | 2029: | ||||||
6 | The Environmental Health Practitioner Licensing Act. | ||||||
7 | The Crematory Regulation Act. | ||||||
8 | (b) The following Act is repealed on December 31, 2029: | ||||||
9 | The Structural Pest Control Act.
| ||||||
10 | (Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18; | ||||||
11 | 101-81, eff. 7-12-19.)
| ||||||
12 | Section 10. The Crematory Regulation Act is amended by | ||||||
13 | changing Sections 10, 22, and 35 as follows:
| ||||||
14 | (410 ILCS 18/10)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2024) | ||||||
16 | Sec. 10. Establishment of crematory and licensing of
| ||||||
17 | crematory authority. | ||||||
18 | (a) Any person doing business in this State, or any | ||||||
19 | cemetery,
funeral establishment, corporation, partnership, | ||||||
20 | joint venture, voluntary
organization or any other entity, may | ||||||
21 | erect, maintain, and operate a
crematory in this State and | ||||||
22 | provide the necessary appliances and
facilities for the | ||||||
23 | cremation of human remains in accordance with this Act.
|
| |||||||
| |||||||
1 | (b) A crematory shall be subject to all local, State, and | ||||||
2 | federal health and
environmental protection requirements and | ||||||
3 | shall obtain all necessary licenses
and permits from the | ||||||
4 | Department of Financial and Professional Regulation, the | ||||||
5 | Department of Public Health, the federal Department of Health | ||||||
6 | and Human
Services, and the Illinois and federal Environmental | ||||||
7 | Protection Agencies, or
such other appropriate local, State, | ||||||
8 | or federal agencies.
| ||||||
9 | (c) A crematory may be constructed on or adjacent to any | ||||||
10 | cemetery, on or
adjacent to any funeral establishment, or at | ||||||
11 | any other location consistent with
local zoning regulations.
| ||||||
12 | (d) An application for licensure as a crematory
authority | ||||||
13 | shall be in
writing on forms furnished by the Comptroller. | ||||||
14 | Applications shall be
accompanied by a fee of $100 $50 and | ||||||
15 | shall contain all of the following:
| ||||||
16 | (1) The full name and address, both residence and | ||||||
17 | business, of the
applicant if the applicant is an | ||||||
18 | individual; the full name and address of
every member if | ||||||
19 | the applicant is a partnership; the full name and address | ||||||
20 | of
every member of the board of directors if the applicant | ||||||
21 | is an association; and
the name and address of every | ||||||
22 | officer, director, and shareholder holding more
than 25% | ||||||
23 | of the corporate stock if the applicant is a corporation.
| ||||||
24 | (2) The address and location of the crematory.
| ||||||
25 | (3) A description of the type of structure and | ||||||
26 | equipment to be used in
the operation of the crematory, |
| |||||||
| |||||||
1 | including the operating permit number issued
to the | ||||||
2 | cremation device by the Illinois Environmental Protection | ||||||
3 | Agency.
| ||||||
4 | (4) Any further information that the Comptroller | ||||||
5 | reasonably may require.
| ||||||
6 | (e) Each crematory authority shall file an annual report | ||||||
7 | with the Comptroller, accompanied with a $25 fee, providing
| ||||||
8 | (i) an affidavit signed by the owner of the crematory | ||||||
9 | authority that at the
time
of the report the cremation device | ||||||
10 | was in proper operating condition,
(ii) the total number of | ||||||
11 | all cremations performed at the crematory
during the past
| ||||||
12 | year, (iii) attestation by the licensee that all applicable | ||||||
13 | permits and
certifications are
valid, (iv) either (A)
any | ||||||
14 | changes required in the
information provided under subsection | ||||||
15 | (d) or (B) an indication that no changes have
occurred, and (v) | ||||||
16 | any other information that the Comptroller may require. The | ||||||
17 | annual report shall be filed by a crematory authority on or
| ||||||
18 | before March 15 of each calendar year. If the fiscal year of a | ||||||
19 | crematory authority is other than on a calendar year basis, | ||||||
20 | then the crematory authority shall file the report required by | ||||||
21 | this Section within 75 days after the end of its fiscal year. | ||||||
22 | If a crematory authority fails to
submit an annual report to | ||||||
23 | the Comptroller within the time specified in
this Section, the | ||||||
24 | Comptroller shall impose upon the crematory authority a
| ||||||
25 | penalty of $5 for each and every day the crematory authority | ||||||
26 | remains
delinquent in submitting the annual report. The |
| |||||||
| |||||||
1 | Comptroller may abate all or
part of the $5 daily penalty for | ||||||
2 | good cause shown. The $25 annual report fee shall be deposited | ||||||
3 | in the Comptroller's Administrative Fund.
| ||||||
4 | (f) All records required to be maintained under this Act, | ||||||
5 | including but
not limited to those relating to the license and | ||||||
6 | annual
report of the
crematory authority required to be filed | ||||||
7 | under this Section, shall be
subject to inspection by the | ||||||
8 | Comptroller upon reasonable notice.
| ||||||
9 | (g) The Comptroller may inspect crematory records at the | ||||||
10 | crematory
authority's place of business to review
the
| ||||||
11 | licensee's compliance with this Act. The Comptroller may | ||||||
12 | charge a $100 fee for the inspection of the licensee. The | ||||||
13 | inspection must include
verification that:
| ||||||
14 | (1) the crematory authority has complied with | ||||||
15 | record-keeping requirements
of this
Act;
| ||||||
16 | (2) a crematory device operator's certification of | ||||||
17 | training and the required continuing education | ||||||
18 | certification are is
conspicuously
displayed at
the | ||||||
19 | crematory;
| ||||||
20 | (3) the cremation device has a current operating | ||||||
21 | permit issued by the
Illinois
Environmental Protection | ||||||
22 | Agency and the permit is conspicuously displayed
in the | ||||||
23 | crematory;
| ||||||
24 | (4) the crematory authority is in compliance with | ||||||
25 | local zoning
requirements;
| ||||||
26 | (5) the crematory authority license issued by the |
| |||||||
| |||||||
1 | Comptroller is
conspicuously
displayed
at
the crematory; | ||||||
2 | and
| ||||||
3 | (6) other details as determined by rule. | ||||||
4 | (h) The Comptroller shall issue licenses under this Act to | ||||||
5 | the crematories
that are
registered
with
the Comptroller as of | ||||||
6 | on March 1, 2012 without requiring the previously registered
| ||||||
7 | crematories
to complete license applications.
| ||||||
8 | (i) Every license issued under this Act shall be renewed | ||||||
9 | every 5 years for a renewal fee of $100 to be sent to the | ||||||
10 | Comptroller. The renewal fee shall be deposited into the | ||||||
11 | Comptroller's Administrative Fund. The Comptroller, upon the | ||||||
12 | request of an interested person, or on his or her own motion, | ||||||
13 | may issue new licenses to a licensee whose license or licenses | ||||||
14 | have been revoked, if no factor or condition exists that would | ||||||
15 | have warranted the Comptroller to refuse the issuance of the | ||||||
16 | license. | ||||||
17 | (Source: P.A. 97-679, eff. 2-6-12; 97-813, eff. 7-13-12; | ||||||
18 | 98-463, eff. 8-16-13 .)
| ||||||
19 | (410 ILCS 18/22)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2024) | ||||||
21 | Sec. 22. Performance of cremation service; training. A | ||||||
22 | person may not
perform a cremation service in this State | ||||||
23 | unless he or she has completed
training in performing | ||||||
24 | cremation services and received certification by a
program | ||||||
25 | recognized by the Comptroller. The crematory authority must
|
| |||||||
| |||||||
1 | conspicuously display the certification at the crematory | ||||||
2 | authority's place of
business. Any new employee shall have a | ||||||
3 | reasonable time period, not to exceed one year, to attend a | ||||||
4 | recognized training program. In the interim,
the new employee | ||||||
5 | may perform a cremation service if he or she has received
| ||||||
6 | training from another person who has received certification by | ||||||
7 | a program
recognized by the Comptroller and is under the | ||||||
8 | supervision of the trained person. Each person performing a | ||||||
9 | cremation service shall complete a continuing education | ||||||
10 | cremation course at least 2 hours in length from a provider | ||||||
11 | recognized by the Comptroller every 5 years. For purposes of | ||||||
12 | this Act, the Comptroller may
recognize any training program | ||||||
13 | that provides training in the operation of a
cremation device, | ||||||
14 | in the maintenance of a clean facility, and in the proper
| ||||||
15 | handling of human remains. The Comptroller may recognize any | ||||||
16 | course that is
conducted by a death care trade association in | ||||||
17 | Illinois or the United States or
by a manufacturer of a | ||||||
18 | cremation unit that is consistent with the standards
provided | ||||||
19 | in this Act or as otherwise determined by rule.
| ||||||
20 | (Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12 .)
| ||||||
21 | (410 ILCS 18/35)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
23 | Sec. 35. Cremation procedures.
| ||||||
24 | (a) Human remains shall not be cremated within 24
hours | ||||||
25 | after the time of death, as indicated on the Medical
|
| |||||||
| |||||||
1 | Examiner's/Coroner's Certificate of Death. In any death, the | ||||||
2 | human remains
shall not be cremated by the crematory authority | ||||||
3 | until a cremation permit has
been received from the coroner or | ||||||
4 | medical examiner of the county in which the
death occurred and | ||||||
5 | the crematory authority has received a cremation
authorization | ||||||
6 | form, executed by an authorizing agent, in accordance with the
| ||||||
7 | provisions of Section 15 of this Act. In no instance, however, | ||||||
8 | shall the lapse
of time between the death and the cremation be | ||||||
9 | less than 24 hours, unless (i)
it is known the deceased has an | ||||||
10 | infectious or dangerous disease and that the
time requirement | ||||||
11 | is waived in writing by the medical examiner or coroner where
| ||||||
12 | the death occurred or (ii) because of a religious requirement.
| ||||||
13 | (b) Except as set forth in subsection (a) of this Section,
| ||||||
14 | a crematory authority shall have the right to schedule the | ||||||
15 | actual cremation
to be performed at its own convenience, at | ||||||
16 | any time after the human remains
have been delivered to the | ||||||
17 | crematory authority, unless the crematory
authority has | ||||||
18 | received specific instructions to the contrary on the
| ||||||
19 | cremation authorization form.
| ||||||
20 | (c) No crematory authority shall cremate human remains | ||||||
21 | when it has actual
knowledge that human remains contain a | ||||||
22 | pacemaker or any other material or
implant that may be | ||||||
23 | potentially hazardous to the person performing the
cremation.
| ||||||
24 | (d) No crematory authority shall refuse to accept human | ||||||
25 | remains for
cremation because such human remains are not | ||||||
26 | embalmed.
|
| |||||||
| |||||||
1 | (e) Whenever a crematory authority is unable or | ||||||
2 | unauthorized to cremate
human remains immediately upon taking | ||||||
3 | custody of the remains, the crematory
authority shall place | ||||||
4 | the human remains in a holding facility in accordance
with the | ||||||
5 | crematory authority's rules and regulations.
The crematory | ||||||
6 | authority must notify the authorizing agent of the reasons for
| ||||||
7 | delay in
cremation if a properly authorized cremation is not | ||||||
8 | performed within any time
period expressly
contemplated in the | ||||||
9 | authorization.
| ||||||
10 | (f) A crematory authority shall not accept a casket or
| ||||||
11 | alternative container from which there is any evidence of the | ||||||
12 | leakage of
body fluids.
| ||||||
13 | (g) The casket or the alternative container shall be | ||||||
14 | cremated with
the human remains or destroyed, unless the | ||||||
15 | crematory authority has notified the
authorizing agent to the | ||||||
16 | contrary on the cremation authorization form and
obtained the | ||||||
17 | written consent of the authorizing agent.
| ||||||
18 | (h) The simultaneous cremation of the human remains of | ||||||
19 | more than one person
within the same cremation chamber, | ||||||
20 | without the prior written consent of the
authorizing agent, is | ||||||
21 | prohibited except for common cremation pursuant to Section | ||||||
22 | 11.4 of the Hospital Licensing Act. Nothing in this | ||||||
23 | subsection, however, shall
prevent the simultaneous cremation | ||||||
24 | within the same cremation chamber of body
parts delivered to | ||||||
25 | the crematory authority from multiple sources, or the use of
| ||||||
26 | cremation equipment that contains more than one cremation |
| |||||||
| |||||||
1 | chamber.
| ||||||
2 | (i) No unauthorized person shall be permitted in the | ||||||
3 | holding facility or
cremation room while any human remains are | ||||||
4 | being held there awaiting
cremation, being cremated, or being | ||||||
5 | removed from the cremation chamber.
| ||||||
6 | (j) A crematory authority shall not remove any dental | ||||||
7 | gold, body parts,
organs, or any item of value prior to or | ||||||
8 | subsequent to a cremation without
previously having received | ||||||
9 | specific written authorization from the
authorizing agent and | ||||||
10 | written instructions for the delivery of these items
to the | ||||||
11 | authorizing agent. Under no circumstances shall a crematory | ||||||
12 | authority
profit from making or assisting in any removal of | ||||||
13 | valuables.
| ||||||
14 | (k) Upon the completion of each cremation, and insofar as | ||||||
15 | is practicable,
all of the recoverable residue of the | ||||||
16 | cremation process shall be removed from
the cremation chamber.
| ||||||
17 | (l) If all of the recovered cremated remains will
not fit | ||||||
18 | within the receptacle that has been selected, the remainder of | ||||||
19 | the
cremated remains shall be returned to the authorizing | ||||||
20 | agent or the agent's
designee in a separate container. The | ||||||
21 | crematory authority shall not return
to an authorizing agent | ||||||
22 | or the agent's designee more or less cremated
remains than | ||||||
23 | were removed from the cremation chamber.
| ||||||
24 | (m) A crematory authority shall not knowingly represent to | ||||||
25 | an
authorizing agent or the agent's designee that a temporary | ||||||
26 | container or
urn contains the cremated remains of a specific |
| |||||||
| |||||||
1 | decedent when it does not.
| ||||||
2 | (n) Cremated remains shall be shipped only by a method | ||||||
3 | that has an internal
tracing system available and that | ||||||
4 | provides a receipt signed, in either paper or electronic | ||||||
5 | format, by the person
accepting delivery.
| ||||||
6 | (o) A crematory authority shall maintain an identification | ||||||
7 | system that shall
ensure that it shall be able to identify the | ||||||
8 | human remains in its possession
throughout all phases of the | ||||||
9 | cremation process.
| ||||||
10 | (p) A crematory authority shall not take possession of | ||||||
11 | unembalmed human remains that cannot be cremated within 24 | ||||||
12 | hours unless it provides or maintains either of the following | ||||||
13 | capable of maintaining a temperature of less than 40 degrees | ||||||
14 | Fahrenheit: an operable refrigeration unit, with cleanable, | ||||||
15 | noncorrosive interior and exterior finishes, or a suitable | ||||||
16 | cooling room. | ||||||
17 | (Source: P.A. 102-824, eff. 1-1-23 .)
| ||||||
18 | Section 15. The Illinois Pre-Need Cemetery Sales Act is | ||||||
19 | amended by changing Section 22 as follows:
| ||||||
20 | (815 ILCS 390/22) (from Ch. 21, par. 222)
| ||||||
21 | Sec. 22. Cemetery Consumer Protection Fund.
| ||||||
22 | (a) Every seller engaging in pre-need sales shall
pay to | ||||||
23 | the
Comptroller $5 for each said contract entered into, to be | ||||||
24 | paid into a special
income earning fund hereby created in the |
| |||||||
| |||||||
1 | State Treasury, known as the Cemetery
Consumer Protection | ||||||
2 | Fund. The above said fees shall
be remitted to the
Comptroller | ||||||
3 | semi-annually within 30 days after the end of June and | ||||||
4 | December
for all contracts that have been entered in such 6 | ||||||
5 | month period.
| ||||||
6 | (b) All monies paid into the fund together with all | ||||||
7 | accumulated
undistributed
income thereon shall be held as a | ||||||
8 | special fund in the State Treasury. The
fund shall be used | ||||||
9 | solely for the purpose of providing restitution to consumers
| ||||||
10 | who have suffered pecuniary loss arising out of pre-need | ||||||
11 | sales, to help pay expenses of cemeteries or mausoleums in | ||||||
12 | court-ordered receivership, or to satisfy Receiver's fees , or | ||||||
13 | to administer the Comptroller's program for the purpose of | ||||||
14 | cleaning up abandoned or neglected cemeteries located in | ||||||
15 | Illinois .
| ||||||
16 | (c) Restitution or reimbursement for pre-need merchandise | ||||||
17 | or services shall not exceed the reasonable average regional | ||||||
18 | cost of the contracted merchandise at current prices.
| ||||||
19 | (d) Whenever restitution is paid by the fund, the fund | ||||||
20 | shall be
subrogated to the amount of such restitution, and the | ||||||
21 | Comptroller shall
request the Attorney General to engage in | ||||||
22 | all reasonable post judgment
collection steps to collect said | ||||||
23 | restitution from the judgment debtor and
reimburse the fund.
| ||||||
24 | (e) (Blank).
| ||||||
25 | (f) The fund may not be allocated for any purpose other | ||||||
26 | than that specified
in this Act.
|
| |||||||
| |||||||
1 | (g) Notwithstanding any other provision of this Section, | ||||||
2 | the payment of
restitution from the fund shall be a matter of | ||||||
3 | grace and not of
right and
no purchaser shall have any vested | ||||||
4 | rights in the fund as a
beneficiary or
otherwise.
Prior to | ||||||
5 | seeking restitution from the fund, a purchaser
or beneficiary | ||||||
6 | seeking payment of restitution shall apply
for restitution on | ||||||
7 | a form provided by the Comptroller. The
form shall include any | ||||||
8 | information the Comptroller may
reasonably require in order | ||||||
9 | for the Comptroller to determine that
restitution or | ||||||
10 | reimbursement for cemetery
merchandise or services is | ||||||
11 | appropriate.
| ||||||
12 | (h) Annually, the status of the fund shall be reviewed by | ||||||
13 | the
Comptroller, and if she or he determines that the fund | ||||||
14 | together with all
accumulated income earned thereon, equals or | ||||||
15 | exceeds $10,000,000 and that
the total number of outstanding | ||||||
16 | claims filed against the fund is less than
10% of the fund's | ||||||
17 | current balance, then payments to the fund pursuant to | ||||||
18 | subsection (a) of this Section shall be
suspended until such | ||||||
19 | time as the fund's balance drops below $10,000,000 or
the | ||||||
20 | total number of outstanding claims filed against the fund is | ||||||
21 | more than
10% of the fund's current balance, but on such | ||||||
22 | suspension, the fund shall
not be considered inactive.
| ||||||
23 | (Source: P.A. 101-34, eff. 6-28-19.)
| ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
|