Sen. Meg Loughran Cappel

Filed: 3/22/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2146

2    AMENDMENT NO. ______. Amend Senate Bill 2146, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Regulatory Sunset Act is amended by
6changing Sections 4.34 and 4.39 as follows:
 
7    (5 ILCS 80/4.34)
8    Sec. 4.34. Acts and Section repealed on January 1, 2024.
9The following Acts and Section of an Act are repealed on
10January 1, 2024:
11        The Crematory Regulation Act.
12        The Electrologist Licensing Act.
13        The Illinois Certified Shorthand Reporters Act of
14    1984.
15        The Illinois Occupational Therapy Practice Act.
16        The Illinois Public Accounting Act.

 

 

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1        The Private Detective, Private Alarm, Private
2    Security, Fingerprint Vendor, and Locksmith Act of 2004.
3        The Registered Surgical Assistant and Registered
4    Surgical Technologist Title Protection Act.
5        Section 2.5 of the Illinois Plumbing License Law.
6        The Veterinary Medicine and Surgery Practice Act of
7    2004.
8(Source: P.A. 102-291, eff. 8-6-21.)
 
9    (5 ILCS 80/4.39)
10    Sec. 4.39. Acts repealed on January 1, 2029 and December
1131, 2029.
12    (a) The following Acts are Act is repealed on January 1,
132029:
14        The Environmental Health Practitioner Licensing Act.
15        The Crematory Regulation Act.
16    (b) The following Act is repealed on December 31, 2029:
17        The Structural Pest Control Act.
18(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
19101-81, eff. 7-12-19.)
 
20    Section 10. The Crematory Regulation Act is amended by
21changing Sections 10, 22, and 35 as follows:
 
22    (410 ILCS 18/10)
23    (Section scheduled to be repealed on January 1, 2024)

 

 

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1    Sec. 10. Establishment of crematory and licensing of
2crematory authority.
3    (a) Any person doing business in this State, or any
4cemetery, funeral establishment, corporation, partnership,
5joint venture, voluntary organization or any other entity, may
6erect, maintain, and operate a crematory in this State and
7provide the necessary appliances and facilities for the
8cremation of human remains in accordance with this Act.
9    (b) A crematory shall be subject to all local, State, and
10federal health and environmental protection requirements and
11shall obtain all necessary licenses and permits from the
12Department of Financial and Professional Regulation, the
13Department of Public Health, the federal Department of Health
14and Human Services, and the Illinois and federal Environmental
15Protection Agencies, or such other appropriate local, State,
16or federal agencies.
17    (c) A crematory may be constructed on or adjacent to any
18cemetery, on or adjacent to any funeral establishment, or at
19any other location consistent with local zoning regulations.
20    (d) An application for licensure as a crematory authority
21shall be in writing on forms furnished by the Comptroller.
22Applications shall be accompanied by a fee of $100 $50 and
23shall contain all of the following:
24        (1) The full name and address, both residence and
25    business, of the applicant if the applicant is an
26    individual; the full name and address of every member if

 

 

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1    the applicant is a partnership; the full name and address
2    of every member of the board of directors if the applicant
3    is an association; and the name and address of every
4    officer, director, and shareholder holding more than 25%
5    of the corporate stock if the applicant is a corporation.
6        (2) The address and location of the crematory.
7        (3) A description of the type of structure and
8    equipment to be used in the operation of the crematory,
9    including the operating permit number issued to the
10    cremation device by the Illinois Environmental Protection
11    Agency.
12        (4) Any further information that the Comptroller
13    reasonably may require.
14    (e) Each crematory authority shall file an annual report
15with the Comptroller, accompanied with a $25 fee, providing
16(i) an affidavit signed by the owner of the crematory
17authority that at the time of the report the cremation device
18was in proper operating condition, (ii) the total number of
19all cremations performed at the crematory during the past
20year, (iii) attestation by the licensee that all applicable
21permits and certifications are valid, (iv) either (A) any
22changes required in the information provided under subsection
23(d) or (B) an indication that no changes have occurred, and (v)
24any other information that the Comptroller may require. The
25annual report shall be filed by a crematory authority on or
26before March 15 of each calendar year. If the fiscal year of a

 

 

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1crematory authority is other than on a calendar year basis,
2then the crematory authority shall file the report required by
3this Section within 75 days after the end of its fiscal year.
4If a crematory authority fails to submit an annual report to
5the Comptroller within the time specified in this Section, the
6Comptroller shall impose upon the crematory authority a
7penalty of $5 for each and every day the crematory authority
8remains delinquent in submitting the annual report. The
9Comptroller may abate all or part of the $5 daily penalty for
10good cause shown. The $25 annual report fee shall be deposited
11in the Comptroller's Administrative Fund.
12    (f) All records required to be maintained under this Act,
13including but not limited to those relating to the license and
14annual report of the crematory authority required to be filed
15under this Section, shall be subject to inspection by the
16Comptroller upon reasonable notice.
17    (g) The Comptroller may inspect crematory records at the
18crematory authority's place of business to review the
19licensee's compliance with this Act. The Comptroller may
20charge a $100 fee for the inspection of the licensee. The
21inspection must include verification that:
22        (1) the crematory authority has complied with
23    record-keeping requirements of this Act;
24        (2) a crematory device operator's certification of
25    training and the required continuing education
26    certification are is conspicuously displayed at the

 

 

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1    crematory;
2        (3) the cremation device has a current operating
3    permit issued by the Illinois Environmental Protection
4    Agency and the permit is conspicuously displayed in the
5    crematory;
6        (4) the crematory authority is in compliance with
7    local zoning requirements;
8        (5) the crematory authority license issued by the
9    Comptroller is conspicuously displayed at the crematory;
10    and
11        (6) other details as determined by rule.
12    (h) The Comptroller shall issue licenses under this Act to
13the crematories that are registered with the Comptroller as of
14on March 1, 2012 without requiring the previously registered
15crematories to complete license applications.
16    (i) Every license issued under this Act shall be renewed
17every 5 years for a renewal fee of $100 to be sent to the
18Comptroller. The renewal fee shall be deposited into the
19Comptroller's Administrative Fund. The Comptroller, upon the
20request of an interested person, or on his or her own motion,
21may issue new licenses to a licensee whose license or licenses
22have been revoked, if no factor or condition exists that would
23have warranted the Comptroller to refuse the issuance of the
24license.
25(Source: P.A. 97-679, eff. 2-6-12; 97-813, eff. 7-13-12;
2698-463, eff. 8-16-13.)
 

 

 

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1    (410 ILCS 18/22)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 22. Performance of cremation service; training. A
4person may not perform a cremation service in this State
5unless he or she has completed training in performing
6cremation services and received certification by a program
7recognized by the Comptroller. The crematory authority must
8conspicuously display the certification at the crematory
9authority's place of business. Any new employee shall have a
10reasonable time period, not to exceed one year, to attend a
11recognized training program. In the interim, the new employee
12may perform a cremation service if he or she has received
13training from another person who has received certification by
14a program recognized by the Comptroller and is under the
15supervision of the trained person. Each person performing a
16cremation service shall complete a continuing education
17cremation course at least 2 hours in length from a provider
18recognized by the Comptroller every 5 years. For purposes of
19this Act, the Comptroller may recognize any training program
20that provides training in the operation of a cremation device,
21in the maintenance of a clean facility, and in the proper
22handling of human remains. The Comptroller may recognize any
23course that is conducted by a death care trade association in
24Illinois or the United States or by a manufacturer of a
25cremation unit that is consistent with the standards provided

 

 

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1in this Act or as otherwise determined by rule.
2(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
 
3    (410 ILCS 18/35)
4    (Section scheduled to be repealed on January 1, 2024)
5    Sec. 35. Cremation procedures.
6    (a) Human remains shall not be cremated within 24 hours
7after the time of death, as indicated on the Medical
8Examiner's/Coroner's Certificate of Death. In any death, the
9human remains shall not be cremated by the crematory authority
10until a cremation permit has been received from the coroner or
11medical examiner of the county in which the death occurred and
12the crematory authority has received a cremation authorization
13form, executed by an authorizing agent, in accordance with the
14provisions of Section 15 of this Act. In no instance, however,
15shall the lapse of time between the death and the cremation be
16less than 24 hours, unless (i) it is known the deceased has an
17infectious or dangerous disease and that the time requirement
18is waived in writing by the medical examiner or coroner where
19the death occurred or (ii) because of a religious requirement.
20    (b) Except as set forth in subsection (a) of this Section,
21a crematory authority shall have the right to schedule the
22actual cremation to be performed at its own convenience, at
23any time after the human remains have been delivered to the
24crematory authority, unless the crematory authority has
25received specific instructions to the contrary on the

 

 

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1cremation authorization form.
2    (c) No crematory authority shall cremate human remains
3when it has actual knowledge that human remains contain a
4pacemaker or any other material or implant that may be
5potentially hazardous to the person performing the cremation.
6    (d) No crematory authority shall refuse to accept human
7remains for cremation because such human remains are not
8embalmed.
9    (e) Whenever a crematory authority is unable or
10unauthorized to cremate human remains immediately upon taking
11custody of the remains, the crematory authority shall place
12the human remains in a holding facility in accordance with the
13crematory authority's rules and regulations. The crematory
14authority must notify the authorizing agent of the reasons for
15delay in cremation if a properly authorized cremation is not
16performed within any time period expressly contemplated in the
17authorization.
18    (f) A crematory authority shall not accept a casket or
19alternative container from which there is any evidence of the
20leakage of body fluids.
21    (g) The casket or the alternative container shall be
22cremated with the human remains or destroyed, unless the
23crematory authority has notified the authorizing agent to the
24contrary on the cremation authorization form and obtained the
25written consent of the authorizing agent.
26    (h) The simultaneous cremation of the human remains of

 

 

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1more than one person within the same cremation chamber,
2without the prior written consent of the authorizing agent, is
3prohibited except for common cremation pursuant to Section
411.4 of the Hospital Licensing Act. Nothing in this
5subsection, however, shall prevent the simultaneous cremation
6within the same cremation chamber of body parts delivered to
7the crematory authority from multiple sources, or the use of
8cremation equipment that contains more than one cremation
9chamber.
10    (i) No unauthorized person shall be permitted in the
11holding facility or cremation room while any human remains are
12being held there awaiting cremation, being cremated, or being
13removed from the cremation chamber.
14    (j) A crematory authority shall not remove any dental
15gold, body parts, organs, or any item of value prior to or
16subsequent to a cremation without previously having received
17specific written authorization from the authorizing agent and
18written instructions for the delivery of these items to the
19authorizing agent. Under no circumstances shall a crematory
20authority profit from making or assisting in any removal of
21valuables.
22    (k) Upon the completion of each cremation, and insofar as
23is practicable, all of the recoverable residue of the
24cremation process shall be removed from the cremation chamber.
25    (l) If all of the recovered cremated remains will not fit
26within the receptacle that has been selected, the remainder of

 

 

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1the cremated remains shall be returned to the authorizing
2agent or the agent's designee in a separate container. The
3crematory authority shall not return to an authorizing agent
4or the agent's designee more or less cremated remains than
5were removed from the cremation chamber.
6    (m) A crematory authority shall not knowingly represent to
7an authorizing agent or the agent's designee that a temporary
8container or urn contains the cremated remains of a specific
9decedent when it does not.
10    (n) Cremated remains shall be shipped only by a method
11that has an internal tracing system available and that
12provides a receipt signed, in either paper or electronic
13format, by the person accepting delivery.
14    (o) A crematory authority shall maintain an identification
15system that shall ensure that it shall be able to identify the
16human remains in its possession throughout all phases of the
17cremation process.
18    (p) A crematory authority shall not take possession of
19unembalmed human remains that cannot be cremated within 24
20hours unless it provides or maintains either of the following
21capable of maintaining a temperature of less than 40 degrees
22Fahrenheit: an operable refrigeration unit, with cleanable,
23noncorrosive interior and exterior finishes, or a suitable
24cooling room.
25(Source: P.A. 102-824, eff. 1-1-23.)
 

 

 

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1    Section 15. The Illinois Pre-Need Cemetery Sales Act is
2amended by changing Section 22 as follows:
 
3    (815 ILCS 390/22)  (from Ch. 21, par. 222)
4    Sec. 22. Cemetery Consumer Protection Fund.
5    (a) Every seller engaging in pre-need sales shall pay to
6the Comptroller $5 for each said contract entered into, to be
7paid into a special income earning fund hereby created in the
8State Treasury, known as the Cemetery Consumer Protection
9Fund. The above said fees shall be remitted to the Comptroller
10semi-annually within 30 days after the end of June and
11December for all contracts that have been entered in such 6
12month period.
13    (b) All monies paid into the fund together with all
14accumulated undistributed income thereon shall be held as a
15special fund in the State Treasury. The fund shall be used
16solely for the purpose of providing restitution to consumers
17who have suffered pecuniary loss arising out of pre-need
18sales, to help pay expenses of cemeteries or mausoleums in
19court-ordered receivership, or to satisfy Receiver's fees, or
20to administer the Comptroller's program for the purpose of
21cleaning up abandoned or neglected cemeteries located in
22Illinois.
23    (c) Restitution or reimbursement for pre-need merchandise
24or services shall not exceed the reasonable average regional
25cost of the contracted merchandise at current prices.

 

 

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1    (d) Whenever restitution is paid by the fund, the fund
2shall be subrogated to the amount of such restitution, and the
3Comptroller shall request the Attorney General to engage in
4all reasonable post judgment collection steps to collect said
5restitution from the judgment debtor and reimburse the fund.
6    (e) (Blank).
7    (f) The fund may not be allocated for any purpose other
8than that specified in this Act.
9    (g) Notwithstanding any other provision of this Section,
10the payment of restitution from the fund shall be a matter of
11grace and not of right and no purchaser shall have any vested
12rights in the fund as a beneficiary or otherwise. Prior to
13seeking restitution from the fund, a purchaser or beneficiary
14seeking payment of restitution shall apply for restitution on
15a form provided by the Comptroller. The form shall include any
16information the Comptroller may reasonably require in order
17for the Comptroller to determine that restitution or
18reimbursement for cemetery merchandise or services is
19appropriate.
20    (h) Annually, the status of the fund shall be reviewed by
21the Comptroller, and if she or he determines that the fund
22together with all accumulated income earned thereon, equals or
23exceeds $10,000,000 and that the total number of outstanding
24claims filed against the fund is less than 10% of the fund's
25current balance, then payments to the fund pursuant to
26subsection (a) of this Section shall be suspended until such

 

 

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1time as the fund's balance drops below $10,000,000 or the
2total number of outstanding claims filed against the fund is
3more than 10% of the fund's current balance, but on such
4suspension, the fund shall not be considered inactive.
5(Source: P.A. 101-34, eff. 6-28-19.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".