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    AN ACT concerning crematories. 

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 5. The Crematory Regulation Act is amended by 
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changing Section 10 as
follows:


 
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    (410 ILCS 18/10)

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    Sec. 10. Establishment of crematory and licensing of

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crematory authority.


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


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    (b)  A crematory shall be subject to all local, State, and 
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federal health and
environmental protection requirements and 
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shall obtain all necessary licenses
and permits from the 
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Department, the federal Department of Health and Human

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Services, and the Illinois and federal Environmental 
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Protection Agencies, or
such other appropriate local, State, or 
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federal agencies.


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


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


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        (1)  The full name and address, both residence and 
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business, of the
applicant if the applicant is an 
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individual; the full name and address of
every member if 
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the applicant is a partnership; the full name and address 
 


 






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of
every member of the board of directors if the applicant 
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is an association; and
the name and address of every 
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officer, director, and shareholder holding more
than 25% of 
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the corporate stock if the applicant is a corporation.


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        (2)  The address and location of the crematory.


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


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        (3.5)  Attestation by the owner that cremation 
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services shall
be by a person trained in accordance with 
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the requirements of Section 22 of
this Act.


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        (3.10)  A copy of the certification or certifications 
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issued by the
certification program to the person or 
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persons who will operate the cremation
device.


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


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    (e)  Each crematory authority shall file an annual report 
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with the
Comptroller, accompanied with a $25 fee, providing
(i) 
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an affidavit signed by the owner of the crematory authority 
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that at the
time
of the report the cremation device was in 
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proper operating condition,
(ii) the total number of all 
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cremations performed at the crematory
during the past
year, 
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(iii) attestation by the licensee that all applicable permits 
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and
certifications are
valid, and (iv) either (A)
any changes 
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required in the
information provided under subsection (d) or 
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(B) an indication that no changes have
occurred. The annual 
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report shall be filed by a crematory authority on or
before 
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March 15 of each calendar year, in the Office of the 
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Comptroller. If the
fiscal year of a crematory authority is 
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other than on a calendar year
basis, then the crematory 
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authority shall file the report required by
this Section within 
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75 days after the end of its fiscal year. The
Comptroller 
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shall, for good cause shown, grant an extension for the filing 
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of
the annual report upon the written request of the crematory 
 


 






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authority. An
extension shall not exceed 60 days. If a 
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crematory authority fails to
submit an annual report to the 
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Comptroller within the time specified in
this Section, the 
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Comptroller shall impose upon the crematory authority a
penalty 
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of $5 for each and every day the crematory authority remains

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delinquent in submitting the annual report.  The Comptroller may 
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abate all or
part of the $5 daily penalty for good cause shown.


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


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

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licensee's compliance with this Act.  The inspection must 
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include
verification that:


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


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        (2)  a crematory device operator's certification of 
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training is
conspicuously
displayed at
the crematory;


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


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


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


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    (h)  The Comptroller shall issue licenses under this Act to 
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the crematories
that are
registered
with
the Comptroller as of 
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July 1, 2003 without requiring the previously registered

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crematories
to complete license applications.


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(Source: P.A. 92-419, eff. 1-1-02; 92-675, eff. 7-1-03.)