Public Act 103-0253
 
SB2146 EnrolledLRB103 28651 CPF 55032 b

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 Acts and Section repealed on January 1, 2024.
The following Acts and Section of an Act are repealed on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 Acts repealed on January 1, 2029 and December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    (a) The following Acts are Act is repealed on January 1,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    (b) The following Act is repealed on December 31, 2029: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    (Section scheduled to be repealed on January 1, 2024)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