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




State of Illinois
2021 and 2022


Introduced 1/11/2022, by Sen. Ram Villivalam


410 ILCS 18/10
410 ILCS 18/20
410 ILCS 18/25
410 ILCS 18/35
410 ILCS 18/55

    Amends the Crematory Regulation Act. Provides that various signatures may be in either paper or electronic format.

LRB102 23319 CPF 32485 b





SB3092LRB102 23319 CPF 32485 b

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 10, 20, 25, 35, and 55 as follows:
6    (410 ILCS 18/10)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 10. Establishment of crematory and licensing of
9crematory authority.
10    (a) Any person doing business in this State, or any
11cemetery, funeral establishment, corporation, partnership,
12joint venture, voluntary organization or any other entity, may
13erect, maintain, and operate a crematory in this State and
14provide the necessary appliances and facilities for the
15cremation of human remains in accordance with this Act.
16    (b) A crematory shall be subject to all local, State, and
17federal health and environmental protection requirements and
18shall obtain all necessary licenses and permits from the
19Department of Financial and Professional Regulation, the
20Department of Public Health, the federal Department of Health
21and Human Services, and the Illinois and federal Environmental
22Protection Agencies, or such other appropriate local, State,
23or federal agencies.



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1    (c) A crematory may be constructed on or adjacent to any
2cemetery, on or adjacent to any funeral establishment, or at
3any other location consistent with local zoning regulations.
4    (d) An application for licensure as a crematory authority
5shall be in writing on forms furnished by the Comptroller.
6Applications shall be accompanied by a fee of $50 and shall
7contain all of the following:
8        (1) The full name and address, both residence and
9    business, of the applicant if the applicant is an
10    individual; the full name and address of every member if
11    the applicant is a partnership; the full name and address
12    of every member of the board of directors if the applicant
13    is an association; and the name and address of every
14    officer, director, and shareholder holding more than 25%
15    of the corporate stock if the applicant is a corporation.
16        (2) The address and location of the crematory.
17        (3) A description of the type of structure and
18    equipment to be used in the operation of the crematory,
19    including the operating permit number issued to the
20    cremation device by the Illinois Environmental Protection
21    Agency.
22        (4) Any further information that the Comptroller
23    reasonably may require.
24    (e) Each crematory authority shall file an annual report
25with the Comptroller, accompanied with a $25 fee, providing
26(i) an affidavit signed, in either paper or electronic format,



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1by the owner of the crematory authority that at the time of the
2report the cremation device was in proper operating condition,
3(ii) the total number of all cremations performed at the
4crematory during the past year, (iii) attestation by the
5licensee that all applicable permits and certifications are
6valid, (iv) either (A) any changes required in the information
7provided under subsection (d) or (B) an indication that no
8changes have occurred, and (v) any other information that the
9Comptroller may require. The annual report shall be filed by a
10crematory authority on or before March 15 of each calendar
11year. If the fiscal year of a crematory authority is other than
12on a calendar year basis, then the crematory authority shall
13file the report required by this Section within 75 days after
14the end of its fiscal year. If a crematory authority fails to
15submit an annual report to the Comptroller within the time
16specified in this Section, the Comptroller shall impose upon
17the crematory authority a penalty of $5 for each and every day
18the crematory authority remains delinquent in submitting the
19annual report. The Comptroller may abate all or part of the $5
20daily penalty for good cause shown.
21    (f) All records required to be maintained under this Act,
22including but not limited to those relating to the license and
23annual report of the crematory authority required to be filed
24under this Section, shall be subject to inspection by the
25Comptroller upon reasonable notice.
26    (g) The Comptroller may inspect crematory records at the



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1crematory authority's place of business to review the
2licensee's compliance with this Act. The inspection must
3include verification that:
4        (1) the crematory authority has complied with
5    record-keeping requirements of this Act;
6        (2) a crematory device operator's certification of
7    training is conspicuously displayed at the crematory;
8        (3) the cremation device has a current operating
9    permit issued by the Illinois Environmental Protection
10    Agency and the permit is conspicuously displayed in the
11    crematory;
12        (4) the crematory authority is in compliance with
13    local zoning requirements;
14        (5) the crematory authority license issued by the
15    Comptroller is conspicuously displayed at the crematory;
16    and
17        (6) other details as determined by rule.
18    (h) The Comptroller shall issue licenses under this Act to
19the crematories that are registered with the Comptroller as of
20on March 1, 2012 without requiring the previously registered
21crematories to complete license applications.
22(Source: P.A. 97-679, eff. 2-6-12; 97-813, eff. 7-13-12;
2398-463, eff. 8-16-13.)
24    (410 ILCS 18/20)
25    (Section scheduled to be repealed on January 1, 2024)



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1    Sec. 20. Authorization to cremate.
2    (a) A crematory authority shall not cremate human remains
3until it has received all of the following:
4        (1) A cremation authorization form signed, in either
5    paper or electronic format, by an authorizing agent. The
6    cremation authorization form shall be provided by the
7    crematory authority and shall contain, at a minimum, the
8    following information:
9            (A) The identity of the human remains and the time
10        and date of death.
11            (B) The name of the funeral director and funeral
12        establishment, if applicable, that obtained the
13        cremation authorization.
14            (C) Notification as to whether the death occurred
15        from a disease declared by the Department of Health to
16        be infectious, contagious, communicable, or dangerous
17        to the public health.
18            (D) The name of the authorizing agent and the
19        relationship between the authorizing agent and the
20        decedent.
21            (E) A representation that the authorizing agent
22        does in fact have the right to authorize the cremation
23        of the decedent, and that the authorizing agent is not
24        aware of any living person who has a superior priority
25        right to that of the authorizing agent, as set forth in
26        Section 15. In the event there is another living



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1        person who has a superior priority right to that of the
2        authorizing agent, the form shall contain a
3        representation that the authorizing agent has made all
4        reasonable efforts to contact that person, has been
5        unable to do so, and has no reason to believe that the
6        person would object to the cremation of the decedent.
7            (F) Authorization for the crematory authority to
8        cremate the human remains.
9            (G) A representation that the human remains do not
10        contain a pacemaker or any other material or implant
11        that may be potentially hazardous or cause damage to
12        the cremation chamber or the person performing the
13        cremation.
14            (H) The name of the person authorized to receive
15        the cremated remains from the crematory authority.
16            (I) The manner in which final disposition of the
17        cremated remains is to take place, if known. If the
18        cremation authorization form does not specify final
19        disposition in a grave, crypt, niche, or scattering
20        area, then the form may indicate that the cremated
21        remains will be held by the crematory authority for 30
22        days before they are released, unless they are picked
23        up from the crematory authority prior to that time, in
24        person, by the authorizing agent. At the end of the 30
25        days the crematory authority may return the cremated
26        remains to the authorizing agent if no final



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1        disposition arrangements are made; or at the end of 60
2        days the crematory authority may dispose of the
3        cremated remains in accordance with subsection (d) of
4        Section 40.
5            (J) A listing of any items of value to be delivered
6        to the crematory authority along with the human
7        remains, and instructions as to how the items should
8        be handled.
9            (K) A specific statement as to whether the
10        authorizing agent has made arrangements for any type
11        of viewing of the decedent before cremation, or for a
12        service with the decedent present before cremation in
13        connection with the cremation, and if so, the date and
14        time of the viewing or service and whether the
15        crematory authority is authorized to proceed with the
16        cremation upon receipt of the human remains.
17            (L) The signature, in either paper or electronic
18        format, of the authorizing agent, attesting to the
19        accuracy of all representations contained on the
20        cremation authorization form, except as set forth in
21        paragraph (M) of this subsection.
22            (M) If a cremation authorization form is being
23        executed on a pre-need basis, the cremation
24        authorization form shall contain the disclosure
25        required by subsection (b) of Section 140.
26            (N) The cremation authorization form, other than



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1        pre-need cremation forms, shall also be signed, in
2        either paper or electronic format, by a funeral
3        director or other representative of the funeral
4        establishment that obtained the cremation
5        authorization. That individual shall merely execute
6        the cremation authorization form as a witness and
7        shall not be responsible for any of the
8        representations made by the authorizing agent, unless
9        the individual has actual knowledge to the contrary.
10        The information requested by items (A), (B), (C) and
11        (G) of this subsection, however, shall be considered
12        to be representations of the authorizing agent. In
13        addition, the funeral director or funeral
14        establishment shall warrant to the crematory that the
15        human remains delivered to the crematory authority are
16        the human remains identified on the cremation
17        authorization form.
18        (2) A completed and executed burial transit permit
19    indicating that the human remains are to be cremated.
20        (3) Any other documentation required by this State.
21    (b) If an authorizing agent is not available to execute a
22cremation authorization form in person, that person may
23delegate that authority to another person in writing, or by
24sending the crematory authority a facsimile transmission that
25contains the name, address, and relationship of the sender to
26the decedent and the name and address of the individual to whom



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1authority is delegated. Upon receipt of the written document,
2or facsimile transmission, telegram, or other electronic
3telecommunications transmission which specifies the individual
4to whom authority has been delegated, the crematory authority
5shall allow this individual to serve as the authorizing agent
6and to execute the cremation authorization form. The crematory
7authority shall be entitled to rely upon the cremation
8authorization form without liability.
9    (c) An authorizing agent who signs, in either paper or
10electronic format, a cremation authorization form shall be
11deemed to warrant the truthfulness of any facts set forth on
12the cremation authorization form, including that person's
13authority to order the cremation; except for the information
14required by items (C) and (G) of paragraph (1) of subsection
15(a) of this Section, unless the authorizing agent has actual
16knowledge to the contrary. An authorizing agent signing, in
17either paper or electronic format, a cremation authorization
18form shall be personally and individually liable for all
19damages occasioned by and resulting from authorizing the
21    (d) A crematory authority shall have authority to cremate
22human remains upon the receipt of a cremation authorization
23form signed, in either paper or electronic format, by an
24authorizing agent. There shall be no liability for a crematory
25authority that cremates human remains according to an
26authorization, or that releases or disposes of the cremated



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1remains according to an authorization, except for a crematory
2authority's gross negligence, provided that the crematory
3authority performs its functions in compliance with this Act.
4    (e) After an authorizing agent has executed a cremation
5authorization form, the authorizing agent may revoke the
6authorization and instruct the crematory authority to cancel
7the cremation and to release or deliver the human remains to
8another crematory authority or funeral establishment. The
9instructions shall be provided to the crematory authority in
10writing. A crematory authority shall honor any instructions
11given to it by an authorizing agent under this Section if it
12receives the instructions prior to beginning the cremation of
13the human remains.
14(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
15    (410 ILCS 18/25)
16    (Section scheduled to be repealed on January 1, 2024)
17    Sec. 25. Recordkeeping.
18    (a) The crematory authority shall furnish to the person
19who delivers human remains to the crematory authority a
20receipt signed, in either paper or electronic format, at the
21time of delivery by both the crematory authority and the
22person who delivers the human remains, showing the date and
23time of the delivery, the type of casket or alternative
24container that was delivered, the name of the person from whom
25the human remains were received and the name of the funeral



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1establishment or other entity with whom the person is
2affiliated, the name of the person who received the human
3remains on behalf of the crematory authority, and the name of
4the decedent. The crematory shall retain a copy of this
5receipt in its permanent records.
6    (b) Upon its release of cremated remains, the crematory
7authority shall furnish to the person who receives the
8cremated remains from the crematory authority a receipt
9signed, in either paper or electronic format, by both the
10crematory authority and the person who receives the cremated
11remains, showing the date and time of the release, the name of
12the person to whom the cremated remains were released and the
13name of the funeral establishment, cemetery, or other entity
14with whom the person is affiliated, the name of the person who
15released the cremated remains on behalf of the crematory
16authority, and the name of the decedent. The crematory shall
17retain a copy of this receipt in its permanent records.
18    (c) A crematory authority shall maintain at its place of
19business a permanent record of each cremation that took place
20at its facility which shall contain the name of the decedent,
21the date of the cremation, and the final disposition of the
22cremated remains.
23    (d) The crematory authority shall maintain a record of all
24cremated remains disposed of by the crematory authority in
25accordance with subsection (d) of Section 40.
26    (e) Upon completion of the cremation, the crematory



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1authority shall file the burial transit permit as required by
2the Illinois Vital Records Act and rules adopted under that
3Act and the Illinois Counties Code, and transmit a photocopy
4of the burial transit permit along with the cremated remains
5to whoever receives the cremated remains from the authorizing
6agent unless the cremated remains are to be interred,
7entombed, inurned, or placed in a scattering area, in which
8case the crematory authority shall retain a copy of the burial
9transit permit and shall send the permit, along with the
10cremated remains, to the cemetery, which shall file the permit
11with the designated agency after the interment, entombment,
12inurnment, or scattering has taken place.
13    (f) All cemeteries shall maintain a record of all cremated
14remains that are disposed of on their property, provided that
15the cremated remains were properly transferred to the cemetery
16and the cemetery issued a receipt acknowledging the transfer
17of the cremated remains.
18(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
19    (410 ILCS 18/35)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 35. Cremation procedures.
22    (a) Human remains shall not be cremated within 24 hours
23after the time of death, as indicated on the Medical
24Examiner's/Coroner's Certificate of Death. In any death, the
25human remains shall not be cremated by the crematory authority



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1until a cremation permit has been received from the coroner or
2medical examiner of the county in which the death occurred and
3the crematory authority has received a cremation authorization
4form, executed by an authorizing agent, in accordance with the
5provisions of Section 15 of this Act. In no instance, however,
6shall the lapse of time between the death and the cremation be
7less than 24 hours, unless (i) it is known the deceased has an
8infectious or dangerous disease and that the time requirement
9is waived in writing by the medical examiner or coroner where
10the death occurred or (ii) because of a religious requirement.
11    (b) Except as set forth in subsection (a) of this Section,
12a crematory authority shall have the right to schedule the
13actual cremation to be performed at its own convenience, at
14any time after the human remains have been delivered to the
15crematory authority, unless the crematory authority has
16received specific instructions to the contrary on the
17cremation authorization form.
18    (c) No crematory authority shall cremate human remains
19when it has actual knowledge that human remains contain a
20pacemaker or any other material or implant that may be
21potentially hazardous to the person performing the cremation.
22    (d) No crematory authority shall refuse to accept human
23remains for cremation because such human remains are not
25    (e) Whenever a crematory authority is unable or
26unauthorized to cremate human remains immediately upon taking



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1custody of the remains, the crematory authority shall place
2the human remains in a holding facility in accordance with the
3crematory authority's rules and regulations. The crematory
4authority must notify the authorizing agent of the reasons for
5delay in cremation if a properly authorized cremation is not
6performed within any time period expressly contemplated in the
8    (f) A crematory authority shall not accept a casket or
9alternative container from which there is any evidence of the
10leakage of body fluids.
11    (g) The casket or the alternative container shall be
12cremated with the human remains or destroyed, unless the
13crematory authority has notified the authorizing agent to the
14contrary on the cremation authorization form and obtained the
15written consent of the authorizing agent.
16    (h) The simultaneous cremation of the human remains of
17more than one person within the same cremation chamber,
18without the prior written consent of the authorizing agent, is
19prohibited except for common cremation pursuant to Section
2011.4 of the Hospital Licensing Act. Nothing in this
21subsection, however, shall prevent the simultaneous cremation
22within the same cremation chamber of body parts delivered to
23the crematory authority from multiple sources, or the use of
24cremation equipment that contains more than one cremation
26    (i) No unauthorized person shall be permitted in the



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1holding facility or cremation room while any human remains are
2being held there awaiting cremation, being cremated, or being
3removed from the cremation chamber.
4    (j) A crematory authority shall not remove any dental
5gold, body parts, organs, or any item of value prior to or
6subsequent to a cremation without previously having received
7specific written authorization from the authorizing agent and
8written instructions for the delivery of these items to the
9authorizing agent. Under no circumstances shall a crematory
10authority profit from making or assisting in any removal of
12    (k) Upon the completion of each cremation, and insofar as
13is practicable, all of the recoverable residue of the
14cremation process shall be removed from the cremation chamber.
15    (l) If all of the recovered cremated remains will not fit
16within the receptacle that has been selected, the remainder of
17the cremated remains shall be returned to the authorizing
18agent or the agent's designee in a separate container. The
19crematory authority shall not return to an authorizing agent
20or the agent's designee more or less cremated remains than
21were removed from the cremation chamber.
22    (m) A crematory authority shall not knowingly represent to
23an authorizing agent or the agent's designee that a temporary
24container or urn contains the cremated remains of a specific
25decedent when it does not.
26    (n) Cremated remains shall be shipped only by a method



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1that has an internal tracing system available and that
2provides a receipt signed, in either paper or electronic
3format, by the person accepting delivery.
4    (o) A crematory authority shall maintain an identification
5system that shall ensure that it shall be able to identify the
6human remains in its possession throughout all phases of the
7cremation process.
8(Source: P.A. 96-338, eff. 1-1-10.)
9    (410 ILCS 18/55)
10    (Section scheduled to be repealed on January 1, 2024)
11    Sec. 55. Penalties. Violations of this Act shall be
12punishable as follows:
13        (1) Performing a cremation without receipt of a
14    cremation authorization form signed, in either paper or
15    electronic format, by an authorizing agent shall be a
16    Class 4 felony.
17        (2) Signing, in either paper or electronic format, a
18    cremation authorization form with the actual knowledge
19    that the form contains false or incorrect information
20    shall be a Class 4 felony.
21        (3) A Violation of any cremation procedure set forth
22    in Section 35 shall be a Class 4 felony.
23        (4) Holding oneself out to the public as a crematory
24    authority, or the operation of a building or structure
25    within this State as a crematory, without being licensed



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1    under this Act, shall be a Class A misdemeanor.
2        (4.5) Performance of a cremation service by a person
3    who has not completed a training program as defined in
4    Section 22 of this Act shall be a Class A misdemeanor.
5        (4.10) Any person who intentionally violates a
6    provision of this Act or a final order of the Comptroller
7    is liable for a civil penalty not to exceed $5,000 per
8    violation.
9        (4.15) Any person who knowingly acts without proper
10    legal authority and who willfully and knowingly destroys
11    or damages the remains of a deceased human being or who
12    desecrates human remains is guilty of a Class 3 felony.
13        (5) A violation of any other provision of this Act
14    shall be a Class B misdemeanor.
15(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)