Illinois General Assembly - Full Text of SB3092
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Full Text of SB3092  102nd General Assembly




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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Crematory Regulation Act is amended by
5changing Sections 20, 25, 35, and 55 as follows:
6    (410 ILCS 18/20)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 20. Authorization to cremate.
9    (a) A crematory authority shall not cremate human remains
10until it has received all of the following:
11        (1) A cremation authorization form signed, in either
12    paper or electronic format, by an authorizing agent. The
13    cremation authorization form shall be provided by the
14    crematory authority and shall contain, at a minimum, the
15    following information:
16            (A) The identity of the human remains and the time
17        and date of death.
18            (B) The name of the funeral director and funeral
19        establishment, if applicable, that obtained the
20        cremation authorization.
21            (C) Notification as to whether the death occurred
22        from a disease declared by the Department of Health to
23        be infectious, contagious, communicable, or dangerous



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1        to the public health.
2            (D) The name of the authorizing agent and the
3        relationship between the authorizing agent and the
4        decedent.
5            (E) A representation that the authorizing agent
6        does in fact have the right to authorize the cremation
7        of the decedent, and that the authorizing agent is not
8        aware of any living person who has a superior priority
9        right to that of the authorizing agent, as set forth in
10        Section 15. In the event there is another living
11        person who has a superior priority right to that of the
12        authorizing agent, the form shall contain a
13        representation that the authorizing agent has made all
14        reasonable efforts to contact that person, has been
15        unable to do so, and has no reason to believe that the
16        person would object to the cremation of the decedent.
17            (F) Authorization for the crematory authority to
18        cremate the human remains.
19            (G) A representation that the human remains do not
20        contain a pacemaker or any other material or implant
21        that may be potentially hazardous or cause damage to
22        the cremation chamber or the person performing the
23        cremation.
24            (H) The name of the person authorized to receive
25        the cremated remains from the crematory authority.
26            (I) The manner in which final disposition of the



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1        cremated remains is to take place, if known. If the
2        cremation authorization form does not specify final
3        disposition in a grave, crypt, niche, or scattering
4        area, then the form may indicate that the cremated
5        remains will be held by the crematory authority for 30
6        days before they are released, unless they are picked
7        up from the crematory authority prior to that time, in
8        person, by the authorizing agent. At the end of the 30
9        days the crematory authority may return the cremated
10        remains to the authorizing agent if no final
11        disposition arrangements are made; or at the end of 60
12        days the crematory authority may dispose of the
13        cremated remains in accordance with subsection (d) of
14        Section 40.
15            (J) A listing of any items of value to be delivered
16        to the crematory authority along with the human
17        remains, and instructions as to how the items should
18        be handled.
19            (K) A specific statement as to whether the
20        authorizing agent has made arrangements for any type
21        of viewing of the decedent before cremation, or for a
22        service with the decedent present before cremation in
23        connection with the cremation, and if so, the date and
24        time of the viewing or service and whether the
25        crematory authority is authorized to proceed with the
26        cremation upon receipt of the human remains.



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1            (L) The signature, in either paper or electronic
2        format, of the authorizing agent, attesting to the
3        accuracy of all representations contained on the
4        cremation authorization form, except as set forth in
5        paragraph (M) of this subsection.
6            (M) If a cremation authorization form is being
7        executed on a pre-need basis, the cremation
8        authorization form shall contain the disclosure
9        required by subsection (b) of Section 140.
10            (N) The cremation authorization form, other than
11        pre-need cremation forms, shall also be signed, in
12        either paper or electronic format, by a funeral
13        director or other representative of the funeral
14        establishment that obtained the cremation
15        authorization. That individual shall merely execute
16        the cremation authorization form as a witness and
17        shall not be responsible for any of the
18        representations made by the authorizing agent, unless
19        the individual has actual knowledge to the contrary.
20        The information requested by items (A), (B), (C) and
21        (G) of this subsection, however, shall be considered
22        to be representations of the authorizing agent. In
23        addition, the funeral director or funeral
24        establishment shall warrant to the crematory that the
25        human remains delivered to the crematory authority are
26        the human remains identified on the cremation



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1        authorization form.
2        (2) A completed and executed burial transit permit
3    indicating that the human remains are to be cremated.
4        (3) Any other documentation required by this State.
5    (b) If an authorizing agent is not available to execute a
6cremation authorization form in person, that person may
7delegate that authority to another person in writing, or by
8sending the crematory authority a facsimile transmission that
9contains the name, address, and relationship of the sender to
10the decedent and the name and address of the individual to whom
11authority is delegated. Upon receipt of the written document,
12or facsimile transmission, telegram, or other electronic
13telecommunications transmission which specifies the individual
14to whom authority has been delegated, the crematory authority
15shall allow this individual to serve as the authorizing agent
16and to execute the cremation authorization form. The crematory
17authority shall be entitled to rely upon the cremation
18authorization form without liability.
19    (c) An authorizing agent who signs, in either paper or
20electronic format, a cremation authorization form shall be
21deemed to warrant the truthfulness of any facts set forth on
22the cremation authorization form, including that person's
23authority to order the cremation; except for the information
24required by items (C) and (G) of paragraph (1) of subsection
25(a) of this Section, unless the authorizing agent has actual
26knowledge to the contrary. An authorizing agent signing, in



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1either paper or electronic format, a cremation authorization
2form shall be personally and individually liable for all
3damages occasioned by and resulting from authorizing the
5    (d) A crematory authority shall have authority to cremate
6human remains upon the receipt of a cremation authorization
7form signed, in either paper or electronic format, by an
8authorizing agent. There shall be no liability for a crematory
9authority that cremates human remains according to an
10authorization, or that releases or disposes of the cremated
11remains according to an authorization, except for a crematory
12authority's gross negligence, provided that the crematory
13authority performs its functions in compliance with this Act.
14    (e) After an authorizing agent has executed a cremation
15authorization form, the authorizing agent may revoke the
16authorization and instruct the crematory authority to cancel
17the cremation and to release or deliver the human remains to
18another crematory authority or funeral establishment. The
19instructions shall be provided to the crematory authority in
20writing. A crematory authority shall honor any instructions
21given to it by an authorizing agent under this Section if it
22receives the instructions prior to beginning the cremation of
23the human remains.
24(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
25    (410 ILCS 18/25)



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1    (Section scheduled to be repealed on January 1, 2024)
2    Sec. 25. Recordkeeping.
3    (a) The crematory authority shall furnish to the person
4who delivers human remains to the crematory authority a
5receipt signed, in either paper or electronic format, at the
6time of delivery by both the crematory authority and the
7person who delivers the human remains, showing the date and
8time of the delivery, the type of casket or alternative
9container that was delivered, the name of the person from whom
10the human remains were received and the name of the funeral
11establishment or other entity with whom the person is
12affiliated, the name of the person who received the human
13remains on behalf of the crematory authority, and the name of
14the decedent. The crematory shall retain a copy of this
15receipt in its permanent records.
16    (b) Upon its release of cremated remains, the crematory
17authority shall furnish to the person who receives the
18cremated remains from the crematory authority a receipt
19signed, in either paper or electronic format, by both the
20crematory authority and the person who receives the cremated
21remains, showing the date and time of the release, the name of
22the person to whom the cremated remains were released and the
23name of the funeral establishment, cemetery, or other entity
24with whom the person is affiliated, the name of the person who
25released the cremated remains on behalf of the crematory
26authority, and the name of the decedent. The crematory shall



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1retain a copy of this receipt in its permanent records.
2    (c) A crematory authority shall maintain at its place of
3business a permanent record of each cremation that took place
4at its facility which shall contain the name of the decedent,
5the date of the cremation, and the final disposition of the
6cremated remains.
7    (d) The crematory authority shall maintain a record of all
8cremated remains disposed of by the crematory authority in
9accordance with subsection (d) of Section 40.
10    (e) Upon completion of the cremation, the crematory
11authority shall file the burial transit permit as required by
12the Illinois Vital Records Act and rules adopted under that
13Act and the Illinois Counties Code, and transmit a photocopy
14of the burial transit permit along with the cremated remains
15to whoever receives the cremated remains from the authorizing
16agent unless the cremated remains are to be interred,
17entombed, inurned, or placed in a scattering area, in which
18case the crematory authority shall retain a copy of the burial
19transit permit and shall send the permit, along with the
20cremated remains, to the cemetery, which shall file the permit
21with the designated agency after the interment, entombment,
22inurnment, or scattering has taken place.
23    (f) All cemeteries shall maintain a record of all cremated
24remains that are disposed of on their property, provided that
25the cremated remains were properly transferred to the cemetery
26and the cemetery issued a receipt acknowledging the transfer



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1of the cremated remains.
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
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
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
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
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(Source: P.A. 96-338, eff. 1-1-10.)
19    (410 ILCS 18/55)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 55. Penalties. Violations of this Act shall be
22punishable as follows:
23        (1) Performing a cremation without receipt of a
24    cremation authorization form signed, in either paper or
25    electronic format, by an authorizing agent shall be a



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1    Class 4 felony.
2        (2) Signing, in either paper or electronic format, a
3    cremation authorization form with the actual knowledge
4    that the form contains false or incorrect information
5    shall be a Class 4 felony.
6        (3) A Violation of any cremation procedure set forth
7    in Section 35 shall be a Class 4 felony.
8        (4) Holding oneself out to the public as a crematory
9    authority, or the operation of a building or structure
10    within this State as a crematory, without being licensed
11    under this Act, shall be a Class A misdemeanor.
12        (4.5) Performance of a cremation service by a person
13    who has not completed a training program as defined in
14    Section 22 of this Act shall be a Class A misdemeanor.
15        (4.10) Any person who intentionally violates a
16    provision of this Act or a final order of the Comptroller
17    is liable for a civil penalty not to exceed $5,000 per
18    violation.
19        (4.15) Any person who knowingly acts without proper
20    legal authority and who willfully and knowingly destroys
21    or damages the remains of a deceased human being or who
22    desecrates human remains is guilty of a Class 3 felony.
23        (5) A violation of any other provision of this Act
24    shall be a Class B misdemeanor.
25(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)