Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2146 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0253
2	1		SB2146 EnrolledLRB103 28651 CPF 55032 b SB2146 Enrolled LRB103 28651 CPF 55032 b
3	2		SB2146 Enrolled LRB103 28651 CPF 55032 b
4		-	AN ACT concerning health.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Regulatory Sunset Act is amended by
8		-	changing Sections 4.34 and 4.39 as follows:
9		-	(5 ILCS 80/4.34)
10		-	Sec. 4.34. Acts and Section repealed on January 1, 2024.
11		-	The following Acts and Section of an Act are repealed on
12		-	January 1, 2024:
13		-	The Crematory Regulation Act.
14		-	The Electrologist Licensing Act.
15		-	The Illinois Certified Shorthand Reporters Act of
16		-	1984.
17		-	The Illinois Occupational Therapy Practice Act.
18		-	The Illinois Public Accounting Act.
19		-	The Private Detective, Private Alarm, Private
20		-	Security, Fingerprint Vendor, and Locksmith Act of 2004.
21		-	The Registered Surgical Assistant and Registered
22		-	Surgical Technologist Title Protection Act.
23		-	Section 2.5 of the Illinois Plumbing License Law.
24		-	The Veterinary Medicine and Surgery Practice Act of
25		-	2004.
26		-	(Source: P.A. 102-291, eff. 8-6-21.)
	3	+	1 AN ACT concerning health.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Regulatory Sunset Act is amended by
	7	+	5 changing Sections 4.34 and 4.39 as follows:
	8	+	6 (5 ILCS 80/4.34)
	9	+	7 Sec. 4.34. Acts and Section repealed on January 1, 2024.
	10	+	8 The following Acts and Section of an Act are repealed on
	11	+	9 January 1, 2024:
	12	+	10 The Crematory Regulation Act.
	13	+	11 The Electrologist Licensing Act.
	14	+	12 The Illinois Certified Shorthand Reporters Act of
	15	+	13 1984.
	16	+	14 The Illinois Occupational Therapy Practice Act.
	17	+	15 The Illinois Public Accounting Act.
	18	+	16 The Private Detective, Private Alarm, Private
	19	+	17 Security, Fingerprint Vendor, and Locksmith Act of 2004.
	20	+	18 The Registered Surgical Assistant and Registered
	21	+	19 Surgical Technologist Title Protection Act.
	22	+	20 Section 2.5 of the Illinois Plumbing License Law.
	23	+	21 The Veterinary Medicine and Surgery Practice Act of
	24	+	22 2004.
	25	+	23 (Source: P.A. 102-291, eff. 8-6-21.)
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33		-	(5 ILCS 80/4.39)
34		-	Sec. 4.39. Acts repealed on January 1, 2029 and December
35		-	31, 2029.
36		-	(a) The following Acts are Act is repealed on January 1,
37		-	2029:
38		-	The Environmental Health Practitioner Licensing Act.
39		-	The Crematory Regulation Act.
40		-	(b) The following Act is repealed on December 31, 2029:
41		-	The Structural Pest Control Act.
42		-	(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
43		-	101-81, eff. 7-12-19.)
44		-	Section 10. The Crematory Regulation Act is amended by
45		-	changing Sections 10, 22, and 35 as follows:
46		-	(410 ILCS 18/10)
47		-	(Section scheduled to be repealed on January 1, 2024)
48		-	Sec. 10. Establishment of crematory and licensing of
49		-	crematory authority.
50		-	(a) Any person doing business in this State, or any
51		-	cemetery, funeral establishment, corporation, partnership,
52		-	joint venture, voluntary organization or any other entity, may
53		-	erect, maintain, and operate a crematory in this State and
54		-	provide the necessary appliances and facilities for the
55		-	cremation of human remains in accordance with this Act.
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	33	+	SB2146 Enrolled - 2 - LRB103 28651 CPF 55032 b
	34	+	1 (5 ILCS 80/4.39)
	35	+	2 Sec. 4.39. Acts repealed on January 1, 2029 and December
	36	+	3 31, 2029.
	37	+	4 (a) The following Acts are Act is repealed on January 1,
	38	+	5 2029:
	39	+	6 The Environmental Health Practitioner Licensing Act.
	40	+	7 The Crematory Regulation Act.
	41	+	8 (b) The following Act is repealed on December 31, 2029:
	42	+	9 The Structural Pest Control Act.
	43	+	10 (Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
	44	+	11 101-81, eff. 7-12-19.)
	45	+	12 Section 10. The Crematory Regulation Act is amended by
	46	+	13 changing Sections 10, 22, and 35 as follows:
	47	+	14 (410 ILCS 18/10)
	48	+	15 (Section scheduled to be repealed on January 1, 2024)
	49	+	16 Sec. 10. Establishment of crematory and licensing of
	50	+	17 crematory authority.
	51	+	18 (a) Any person doing business in this State, or any
	52	+	19 cemetery, funeral establishment, corporation, partnership,
	53	+	20 joint venture, voluntary organization or any other entity, may
	54	+	21 erect, maintain, and operate a crematory in this State and
	55	+	22 provide the necessary appliances and facilities for the
	56	+	23 cremation of human remains in accordance with this Act.
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57	58
58		-	(b) A crematory shall be subject to all local, State, and
59		-	federal health and environmental protection requirements and
60		-	shall obtain all necessary licenses and permits from the
61		-	Department of Financial and Professional Regulation, the
62		-	Department of Public Health, the federal Department of Health
63		-	and Human Services, and the Illinois and federal Environmental
64		-	Protection Agencies, or such other appropriate local, State,
65		-	or federal agencies.
66		-	(c) A crematory may be constructed on or adjacent to any
67		-	cemetery, on or adjacent to any funeral establishment, or at
68		-	any other location consistent with local zoning regulations.
69		-	(d) An application for licensure as a crematory authority
70		-	shall be in writing on forms furnished by the Comptroller.
71		-	Applications shall be accompanied by a fee of $100 $50 and
72		-	shall contain all of the following:
73		-	(1) The full name and address, both residence and
74		-	business, of the applicant if the applicant is an
75		-	individual; the full name and address of every member if
76		-	the applicant is a partnership; the full name and address
77		-	of every member of the board of directors if the applicant
78		-	is an association; and the name and address of every
79		-	officer, director, and shareholder holding more than 25%
80		-	of the corporate stock if the applicant is a corporation.
81		-	(2) The address and location of the crematory.
82		-	(3) A description of the type of structure and
83		-	equipment to be used in the operation of the crematory,
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86		-	including the operating permit number issued to the
87		-	cremation device by the Illinois Environmental Protection
88		-	Agency.
89		-	(4) Any further information that the Comptroller
90		-	reasonably may require.
91		-	(e) Each crematory authority shall file an annual report
92		-	with the Comptroller, accompanied with a $25 fee, providing
93		-	(i) an affidavit signed by the owner of the crematory
94		-	authority that at the time of the report the cremation device
95		-	was in proper operating condition, (ii) the total number of
96		-	all cremations performed at the crematory during the past
97		-	year, (iii) attestation by the licensee that all applicable
98		-	permits and certifications are valid, (iv) either (A) any
99		-	changes required in the information provided under subsection
100		-	(d) or (B) an indication that no changes have occurred, and (v)
101		-	any other information that the Comptroller may require. The
102		-	annual report shall be filed by a crematory authority on or
103		-	before March 15 of each calendar year. If the fiscal year of a
104		-	crematory authority is other than on a calendar year basis,
105		-	then the crematory authority shall file the report required by
106		-	this Section within 75 days after the end of its fiscal year.
107		-	If a crematory authority fails to submit an annual report to
108		-	the Comptroller within the time specified in this Section, the
109		-	Comptroller shall impose upon the crematory authority a
110		-	penalty of $5 for each and every day the crematory authority
111		-	remains delinquent in submitting the annual report. The
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114		-	Comptroller may abate all or part of the $5 daily penalty for
115		-	good cause shown. The $25 annual report fee shall be deposited
116		-	in the Comptroller's Administrative Fund.
117		-	(f) All records required to be maintained under this Act,
118		-	including but not limited to those relating to the license and
119		-	annual report of the crematory authority required to be filed
120		-	under this Section, shall be subject to inspection by the
121		-	Comptroller upon reasonable notice.
122		-	(g) The Comptroller may inspect crematory records at the
123		-	crematory authority's place of business to review the
124		-	licensee's compliance with this Act. The Comptroller may
125		-	charge a $100 fee for the inspection of the licensee. The
126		-	inspection must include verification that:
127		-	(1) the crematory authority has complied with
128		-	record-keeping requirements of this Act;
129		-	(2) a crematory device operator's certification of
130		-	training and the required continuing education
131		-	certification are is conspicuously displayed at the
132		-	crematory;
133		-	(3) the cremation device has a current operating
134		-	permit issued by the Illinois Environmental Protection
135		-	Agency and the permit is conspicuously displayed in the
136		-	crematory;
137		-	(4) the crematory authority is in compliance with
138		-	local zoning requirements;
139		-	(5) the crematory authority license issued by the
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	67	+	1 (b) A crematory shall be subject to all local, State, and
	68	+	2 federal health and environmental protection requirements and
	69	+	3 shall obtain all necessary licenses and permits from the
	70	+	4 Department of Financial and Professional Regulation, the
	71	+	5 Department of Public Health, the federal Department of Health
	72	+	6 and Human Services, and the Illinois and federal Environmental
	73	+	7 Protection Agencies, or such other appropriate local, State,
	74	+	8 or federal agencies.
	75	+	9 (c) A crematory may be constructed on or adjacent to any
	76	+	10 cemetery, on or adjacent to any funeral establishment, or at
	77	+	11 any other location consistent with local zoning regulations.
	78	+	12 (d) An application for licensure as a crematory authority
	79	+	13 shall be in writing on forms furnished by the Comptroller.
	80	+	14 Applications shall be accompanied by a fee of $100 $50 and
	81	+	15 shall contain all of the following:
	82	+	16 (1) The full name and address, both residence and
	83	+	17 business, of the applicant if the applicant is an
	84	+	18 individual; the full name and address of every member if
	85	+	19 the applicant is a partnership; the full name and address
	86	+	20 of every member of the board of directors if the applicant
	87	+	21 is an association; and the name and address of every
	88	+	22 officer, director, and shareholder holding more than 25%
	89	+	23 of the corporate stock if the applicant is a corporation.
	90	+	24 (2) The address and location of the crematory.
	91	+	25 (3) A description of the type of structure and
	92	+	26 equipment to be used in the operation of the crematory,
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142		-	Comptroller is conspicuously displayed at the crematory;
143		-	and
144		-	(6) other details as determined by rule.
145		-	(h) The Comptroller shall issue licenses under this Act to
146		-	the crematories that are registered with the Comptroller as of
147		-	on March 1, 2012 without requiring the previously registered
148		-	crematories to complete license applications.
149		-	(i) Every license issued under this Act shall be renewed
150		-	every 5 years for a renewal fee of $100 to be sent to the
151		-	Comptroller. The renewal fee shall be deposited into the
152		-	Comptroller's Administrative Fund. The Comptroller, upon the
153		-	request of an interested person, or on his or her own motion,
154		-	may issue new licenses to a licensee whose license or licenses
155		-	have been revoked, if no factor or condition exists that would
156		-	have warranted the Comptroller to refuse the issuance of the
157		-	license.
158		-	(Source: P.A. 97-679, eff. 2-6-12; 97-813, eff. 7-13-12;
159		-	98-463, eff. 8-16-13.)
160		-	(410 ILCS 18/22)
161		-	(Section scheduled to be repealed on January 1, 2024)
162		-	Sec. 22. Performance of cremation service; training. A
163		-	person may not perform a cremation service in this State
164		-	unless he or she has completed training in performing
165		-	cremation services and received certification by a program
166		-	recognized by the Comptroller. The crematory authority must
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169		-	conspicuously display the certification at the crematory
170		-	authority's place of business. Any new employee shall have a
171		-	reasonable time period, not to exceed one year, to attend a
172		-	recognized training program. In the interim, the new employee
173		-	may perform a cremation service if he or she has received
174		-	training from another person who has received certification by
175		-	a program recognized by the Comptroller and is under the
176		-	supervision of the trained person. Each person performing a
177		-	cremation service shall complete a continuing education
178		-	cremation course at least 2 hours in length from a provider
179		-	recognized by the Comptroller every 5 years. For purposes of
180		-	this Act, the Comptroller may recognize any training program
181		-	that provides training in the operation of a cremation device,
182		-	in the maintenance of a clean facility, and in the proper
183		-	handling of human remains. The Comptroller may recognize any
184		-	course that is conducted by a death care trade association in
185		-	Illinois or the United States or by a manufacturer of a
186		-	cremation unit that is consistent with the standards provided
187		-	in this Act or as otherwise determined by rule.
188		-	(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
189		-	(410 ILCS 18/35)
190		-	(Section scheduled to be repealed on January 1, 2024)
191		-	Sec. 35. Cremation procedures.
192		-	(a) Human remains shall not be cremated within 24 hours
193		-	after the time of death, as indicated on the Medical
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196		-	Examiner's/Coroner's Certificate of Death. In any death, the
197		-	human remains shall not be cremated by the crematory authority
198		-	until a cremation permit has been received from the coroner or
199		-	medical examiner of the county in which the death occurred and
200		-	the crematory authority has received a cremation authorization
201		-	form, executed by an authorizing agent, in accordance with the
202		-	provisions of Section 15 of this Act. In no instance, however,
203		-	shall the lapse of time between the death and the cremation be
204		-	less than 24 hours, unless (i) it is known the deceased has an
205		-	infectious or dangerous disease and that the time requirement
206		-	is waived in writing by the medical examiner or coroner where
207		-	the death occurred or (ii) because of a religious requirement.
208		-	(b) Except as set forth in subsection (a) of this Section,
209		-	a crematory authority shall have the right to schedule the
210		-	actual cremation to be performed at its own convenience, at
211		-	any time after the human remains have been delivered to the
212		-	crematory authority, unless the crematory authority has
213		-	received specific instructions to the contrary on the
214		-	cremation authorization form.
215		-	(c) No crematory authority shall cremate human remains
216		-	when it has actual knowledge that human remains contain a
217		-	pacemaker or any other material or implant that may be
218		-	potentially hazardous to the person performing the cremation.
219		-	(d) No crematory authority shall refuse to accept human
220		-	remains for cremation because such human remains are not
221		-	embalmed.
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	103	+	1 including the operating permit number issued to the
	104	+	2 cremation device by the Illinois Environmental Protection
	105	+	3 Agency.
	106	+	4 (4) Any further information that the Comptroller
	107	+	5 reasonably may require.
	108	+	6 (e) Each crematory authority shall file an annual report
	109	+	7 with the Comptroller, accompanied with a $25 fee, providing
	110	+	8 (i) an affidavit signed by the owner of the crematory
	111	+	9 authority that at the time of the report the cremation device
	112	+	10 was in proper operating condition, (ii) the total number of
	113	+	11 all cremations performed at the crematory during the past
	114	+	12 year, (iii) attestation by the licensee that all applicable
	115	+	13 permits and certifications are valid, (iv) either (A) any
	116	+	14 changes required in the information provided under subsection
	117	+	15 (d) or (B) an indication that no changes have occurred, and (v)
	118	+	16 any other information that the Comptroller may require. The
	119	+	17 annual report shall be filed by a crematory authority on or
	120	+	18 before March 15 of each calendar year. If the fiscal year of a
	121	+	19 crematory authority is other than on a calendar year basis,
	122	+	20 then the crematory authority shall file the report required by
	123	+	21 this Section within 75 days after the end of its fiscal year.
	124	+	22 If a crematory authority fails to submit an annual report to
	125	+	23 the Comptroller within the time specified in this Section, the
	126	+	24 Comptroller shall impose upon the crematory authority a
	127	+	25 penalty of $5 for each and every day the crematory authority
	128	+	26 remains delinquent in submitting the annual report. The
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224		-	(e) Whenever a crematory authority is unable or
225		-	unauthorized to cremate human remains immediately upon taking
226		-	custody of the remains, the crematory authority shall place
227		-	the human remains in a holding facility in accordance with the
228		-	crematory authority's rules and regulations. The crematory
229		-	authority must notify the authorizing agent of the reasons for
230		-	delay in cremation if a properly authorized cremation is not
231		-	performed within any time period expressly contemplated in the
232		-	authorization.
233		-	(f) A crematory authority shall not accept a casket or
234		-	alternative container from which there is any evidence of the
235		-	leakage of body fluids.
236		-	(g) The casket or the alternative container shall be
237		-	cremated with the human remains or destroyed, unless the
238		-	crematory authority has notified the authorizing agent to the
239		-	contrary on the cremation authorization form and obtained the
240		-	written consent of the authorizing agent.
241		-	(h) The simultaneous cremation of the human remains of
242		-	more than one person within the same cremation chamber,
243		-	without the prior written consent of the authorizing agent, is
244		-	prohibited except for common cremation pursuant to Section
245		-	11.4 of the Hospital Licensing Act. Nothing in this
246		-	subsection, however, shall prevent the simultaneous cremation
247		-	within the same cremation chamber of body parts delivered to
248		-	the crematory authority from multiple sources, or the use of
249		-	cremation equipment that contains more than one cremation
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252		-	chamber.
253		-	(i) No unauthorized person shall be permitted in the
254		-	holding facility or cremation room while any human remains are
255		-	being held there awaiting cremation, being cremated, or being
256		-	removed from the cremation chamber.
257		-	(j) A crematory authority shall not remove any dental
258		-	gold, body parts, organs, or any item of value prior to or
259		-	subsequent to a cremation without previously having received
260		-	specific written authorization from the authorizing agent and
261		-	written instructions for the delivery of these items to the
262		-	authorizing agent. Under no circumstances shall a crematory
263		-	authority profit from making or assisting in any removal of
264		-	valuables.
265		-	(k) Upon the completion of each cremation, and insofar as
266		-	is practicable, all of the recoverable residue of the
267		-	cremation process shall be removed from the cremation chamber.
268		-	(l) If all of the recovered cremated remains will not fit
269		-	within the receptacle that has been selected, the remainder of
270		-	the cremated remains shall be returned to the authorizing
271		-	agent or the agent's designee in a separate container. The
272		-	crematory authority shall not return to an authorizing agent
273		-	or the agent's designee more or less cremated remains than
274		-	were removed from the cremation chamber.
275		-	(m) A crematory authority shall not knowingly represent to
276		-	an authorizing agent or the agent's designee that a temporary
277		-	container or urn contains the cremated remains of a specific
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279	136
280		-	decedent when it does not.
281		-	(n) Cremated remains shall be shipped only by a method
282		-	that has an internal tracing system available and that
283		-	provides a receipt signed, in either paper or electronic
284		-	format, by the person accepting delivery.
285		-	(o) A crematory authority shall maintain an identification
286		-	system that shall ensure that it shall be able to identify the
287		-	human remains in its possession throughout all phases of the
288		-	cremation process.
289		-	(p) A crematory authority shall not take possession of
290		-	unembalmed human remains that cannot be cremated within 24
291		-	hours unless it provides or maintains either of the following
292		-	capable of maintaining a temperature of less than 40 degrees
293		-	Fahrenheit: an operable refrigeration unit, with cleanable,
294		-	noncorrosive interior and exterior finishes, or a suitable
295		-	cooling room.
296		-	(Source: P.A. 102-824, eff. 1-1-23.)
297		-	Section 15. The Illinois Pre-Need Cemetery Sales Act is
298		-	amended by changing Section 22 as follows:
299		-	(815 ILCS 390/22) (from Ch. 21, par. 222)
300		-	Sec. 22. Cemetery Consumer Protection Fund.
301		-	(a) Every seller engaging in pre-need sales shall pay to
302		-	the Comptroller $5 for each said contract entered into, to be
303		-	paid into a special income earning fund hereby created in the
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	139	+	1 Comptroller may abate all or part of the $5 daily penalty for
	140	+	2 good cause shown. The $25 annual report fee shall be deposited
	141	+	3 in the Comptroller's Administrative Fund.
	142	+	4 (f) All records required to be maintained under this Act,
	143	+	5 including but not limited to those relating to the license and
	144	+	6 annual report of the crematory authority required to be filed
	145	+	7 under this Section, shall be subject to inspection by the
	146	+	8 Comptroller upon reasonable notice.
	147	+	9 (g) The Comptroller may inspect crematory records at the
	148	+	10 crematory authority's place of business to review the
	149	+	11 licensee's compliance with this Act. The Comptroller may
	150	+	12 charge a $100 fee for the inspection of the licensee. The
	151	+	13 inspection must include verification that:
	152	+	14 (1) the crematory authority has complied with
	153	+	15 record-keeping requirements of this Act;
	154	+	16 (2) a crematory device operator's certification of
	155	+	17 training and the required continuing education
	156	+	18 certification are is conspicuously displayed at the
	157	+	19 crematory;
	158	+	20 (3) the cremation device has a current operating
	159	+	21 permit issued by the Illinois Environmental Protection
	160	+	22 Agency and the permit is conspicuously displayed in the
	161	+	23 crematory;
	162	+	24 (4) the crematory authority is in compliance with
	163	+	25 local zoning requirements;
	164	+	26 (5) the crematory authority license issued by the
304	165
305	166
306		-	State Treasury, known as the Cemetery Consumer Protection
307		-	Fund. The above said fees shall be remitted to the Comptroller
308		-	semi-annually within 30 days after the end of June and
309		-	December for all contracts that have been entered in such 6
310		-	month period.
311		-	(b) All monies paid into the fund together with all
312		-	accumulated undistributed income thereon shall be held as a
313		-	special fund in the State Treasury. The fund shall be used
314		-	solely for the purpose of providing restitution to consumers
315		-	who have suffered pecuniary loss arising out of pre-need
316		-	sales, to help pay expenses of cemeteries or mausoleums in
317		-	court-ordered receivership, or to satisfy Receiver's fees, or
318		-	to administer the Comptroller's program for the purpose of
319		-	cleaning up abandoned or neglected cemeteries located in
320		-	Illinois.
321		-	(c) Restitution or reimbursement for pre-need merchandise
322		-	or services shall not exceed the reasonable average regional
323		-	cost of the contracted merchandise at current prices.
324		-	(d) Whenever restitution is paid by the fund, the fund
325		-	shall be subrogated to the amount of such restitution, and the
326		-	Comptroller shall request the Attorney General to engage in
327		-	all reasonable post judgment collection steps to collect said
328		-	restitution from the judgment debtor and reimburse the fund.
329		-	(e) (Blank).
330		-	(f) The fund may not be allocated for any purpose other
331		-	than that specified in this Act.
332	167
333	168
334		-	(g) Notwithstanding any other provision of this Section,
335		-	the payment of restitution from the fund shall be a matter of
336		-	grace and not of right and no purchaser shall have any vested
337		-	rights in the fund as a beneficiary or otherwise. Prior to
338		-	seeking restitution from the fund, a purchaser or beneficiary
339		-	seeking payment of restitution shall apply for restitution on
340		-	a form provided by the Comptroller. The form shall include any
341		-	information the Comptroller may reasonably require in order
342		-	for the Comptroller to determine that restitution or
343		-	reimbursement for cemetery merchandise or services is
344		-	appropriate.
345		-	(h) Annually, the status of the fund shall be reviewed by
346		-	the Comptroller, and if she or he determines that the fund
347		-	together with all accumulated income earned thereon, equals or
348		-	exceeds $10,000,000 and that the total number of outstanding
349		-	claims filed against the fund is less than 10% of the fund's
350		-	current balance, then payments to the fund pursuant to
351		-	subsection (a) of this Section shall be suspended until such
352		-	time as the fund's balance drops below $10,000,000 or the
353		-	total number of outstanding claims filed against the fund is
354		-	more than 10% of the fund's current balance, but on such
355		-	suspension, the fund shall not be considered inactive.
356		-	(Source: P.A. 101-34, eff. 6-28-19.)
357		-	Section 99. Effective date. This Act takes effect upon
358		-	becoming law.
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	175	+	1 Comptroller is conspicuously displayed at the crematory;
	176	+	2 and
	177	+	3 (6) other details as determined by rule.
	178	+	4 (h) The Comptroller shall issue licenses under this Act to
	179	+	5 the crematories that are registered with the Comptroller as of
	180	+	6 on March 1, 2012 without requiring the previously registered
	181	+	7 crematories to complete license applications.
	182	+	8 (i) Every license issued under this Act shall be renewed
	183	+	9 every 5 years for a renewal fee of $100 to be sent to the
	184	+	10 Comptroller. The renewal fee shall be deposited into the
	185	+	11 Comptroller's Administrative Fund. The Comptroller, upon the
	186	+	12 request of an interested person, or on his or her own motion,
	187	+	13 may issue new licenses to a licensee whose license or licenses
	188	+	14 have been revoked, if no factor or condition exists that would
	189	+	15 have warranted the Comptroller to refuse the issuance of the
	190	+	16 license.
	191	+	17 (Source: P.A. 97-679, eff. 2-6-12; 97-813, eff. 7-13-12;
	192	+	18 98-463, eff. 8-16-13.)
	193	+	19 (410 ILCS 18/22)
	194	+	20 (Section scheduled to be repealed on January 1, 2024)
	195	+	21 Sec. 22. Performance of cremation service; training. A
	196	+	22 person may not perform a cremation service in this State
	197	+	23 unless he or she has completed training in performing
	198	+	24 cremation services and received certification by a program
	199	+	25 recognized by the Comptroller. The crematory authority must
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	210	+	1 conspicuously display the certification at the crematory
	211	+	2 authority's place of business. Any new employee shall have a
	212	+	3 reasonable time period, not to exceed one year, to attend a
	213	+	4 recognized training program. In the interim, the new employee
	214	+	5 may perform a cremation service if he or she has received
	215	+	6 training from another person who has received certification by
	216	+	7 a program recognized by the Comptroller and is under the
	217	+	8 supervision of the trained person. Each person performing a
	218	+	9 cremation service shall complete a continuing education
	219	+	10 cremation course at least 2 hours in length from a provider
	220	+	11 recognized by the Comptroller every 5 years. For purposes of
	221	+	12 this Act, the Comptroller may recognize any training program
	222	+	13 that provides training in the operation of a cremation device,
	223	+	14 in the maintenance of a clean facility, and in the proper
	224	+	15 handling of human remains. The Comptroller may recognize any
	225	+	16 course that is conducted by a death care trade association in
	226	+	17 Illinois or the United States or by a manufacturer of a
	227	+	18 cremation unit that is consistent with the standards provided
	228	+	19 in this Act or as otherwise determined by rule.
	229	+	20 (Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
	230	+	21 (410 ILCS 18/35)
	231	+	22 (Section scheduled to be repealed on January 1, 2024)
	232	+	23 Sec. 35. Cremation procedures.
	233	+	24 (a) Human remains shall not be cremated within 24 hours
	234	+	25 after the time of death, as indicated on the Medical
	235	+
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	245	+	1 Examiner's/Coroner's Certificate of Death. In any death, the
	246	+	2 human remains shall not be cremated by the crematory authority
	247	+	3 until a cremation permit has been received from the coroner or
	248	+	4 medical examiner of the county in which the death occurred and
	249	+	5 the crematory authority has received a cremation authorization
	250	+	6 form, executed by an authorizing agent, in accordance with the
	251	+	7 provisions of Section 15 of this Act. In no instance, however,
	252	+	8 shall the lapse of time between the death and the cremation be
	253	+	9 less than 24 hours, unless (i) it is known the deceased has an
	254	+	10 infectious or dangerous disease and that the time requirement
	255	+	11 is waived in writing by the medical examiner or coroner where
	256	+	12 the death occurred or (ii) because of a religious requirement.
	257	+	13 (b) Except as set forth in subsection (a) of this Section,
	258	+	14 a crematory authority shall have the right to schedule the
	259	+	15 actual cremation to be performed at its own convenience, at
	260	+	16 any time after the human remains have been delivered to the
	261	+	17 crematory authority, unless the crematory authority has
	262	+	18 received specific instructions to the contrary on the
	263	+	19 cremation authorization form.
	264	+	20 (c) No crematory authority shall cremate human remains
	265	+	21 when it has actual knowledge that human remains contain a
	266	+	22 pacemaker or any other material or implant that may be
	267	+	23 potentially hazardous to the person performing the cremation.
	268	+	24 (d) No crematory authority shall refuse to accept human
	269	+	25 remains for cremation because such human remains are not
	270	+	26 embalmed.
	271	+
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	281	+	1 (e) Whenever a crematory authority is unable or
	282	+	2 unauthorized to cremate human remains immediately upon taking
	283	+	3 custody of the remains, the crematory authority shall place
	284	+	4 the human remains in a holding facility in accordance with the
	285	+	5 crematory authority's rules and regulations. The crematory
	286	+	6 authority must notify the authorizing agent of the reasons for
	287	+	7 delay in cremation if a properly authorized cremation is not
	288	+	8 performed within any time period expressly contemplated in the
	289	+	9 authorization.
	290	+	10 (f) A crematory authority shall not accept a casket or
	291	+	11 alternative container from which there is any evidence of the
	292	+	12 leakage of body fluids.
	293	+	13 (g) The casket or the alternative container shall be
	294	+	14 cremated with the human remains or destroyed, unless the
	295	+	15 crematory authority has notified the authorizing agent to the
	296	+	16 contrary on the cremation authorization form and obtained the
	297	+	17 written consent of the authorizing agent.
	298	+	18 (h) The simultaneous cremation of the human remains of
	299	+	19 more than one person within the same cremation chamber,
	300	+	20 without the prior written consent of the authorizing agent, is
	301	+	21 prohibited except for common cremation pursuant to Section
	302	+	22 11.4 of the Hospital Licensing Act. Nothing in this
	303	+	23 subsection, however, shall prevent the simultaneous cremation
	304	+	24 within the same cremation chamber of body parts delivered to
	305	+	25 the crematory authority from multiple sources, or the use of
	306	+	26 cremation equipment that contains more than one cremation
	307	+
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	317	+	1 chamber.
	318	+	2 (i) No unauthorized person shall be permitted in the
	319	+	3 holding facility or cremation room while any human remains are
	320	+	4 being held there awaiting cremation, being cremated, or being
	321	+	5 removed from the cremation chamber.
	322	+	6 (j) A crematory authority shall not remove any dental
	323	+	7 gold, body parts, organs, or any item of value prior to or
	324	+	8 subsequent to a cremation without previously having received
	325	+	9 specific written authorization from the authorizing agent and
	326	+	10 written instructions for the delivery of these items to the
	327	+	11 authorizing agent. Under no circumstances shall a crematory
	328	+	12 authority profit from making or assisting in any removal of
	329	+	13 valuables.
	330	+	14 (k) Upon the completion of each cremation, and insofar as
	331	+	15 is practicable, all of the recoverable residue of the
	332	+	16 cremation process shall be removed from the cremation chamber.
	333	+	17 (l) If all of the recovered cremated remains will not fit
	334	+	18 within the receptacle that has been selected, the remainder of
	335	+	19 the cremated remains shall be returned to the authorizing
	336	+	20 agent or the agent's designee in a separate container. The
	337	+	21 crematory authority shall not return to an authorizing agent
	338	+	22 or the agent's designee more or less cremated remains than
	339	+	23 were removed from the cremation chamber.
	340	+	24 (m) A crematory authority shall not knowingly represent to
	341	+	25 an authorizing agent or the agent's designee that a temporary
	342	+	26 container or urn contains the cremated remains of a specific
	343	+
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	353	+	1 decedent when it does not.
	354	+	2 (n) Cremated remains shall be shipped only by a method
	355	+	3 that has an internal tracing system available and that
	356	+	4 provides a receipt signed, in either paper or electronic
	357	+	5 format, by the person accepting delivery.
	358	+	6 (o) A crematory authority shall maintain an identification
	359	+	7 system that shall ensure that it shall be able to identify the
	360	+	8 human remains in its possession throughout all phases of the
	361	+	9 cremation process.
	362	+	10 (p) A crematory authority shall not take possession of
	363	+	11 unembalmed human remains that cannot be cremated within 24
	364	+	12 hours unless it provides or maintains either of the following
	365	+	13 capable of maintaining a temperature of less than 40 degrees
	366	+	14 Fahrenheit: an operable refrigeration unit, with cleanable,
	367	+	15 noncorrosive interior and exterior finishes, or a suitable
	368	+	16 cooling room.
	369	+	17 (Source: P.A. 102-824, eff. 1-1-23.)
	370	+	18 Section 15. The Illinois Pre-Need Cemetery Sales Act is
	371	+	19 amended by changing Section 22 as follows:
	372	+	20 (815 ILCS 390/22) (from Ch. 21, par. 222)
	373	+	21 Sec. 22. Cemetery Consumer Protection Fund.
	374	+	22 (a) Every seller engaging in pre-need sales shall pay to
	375	+	23 the Comptroller $5 for each said contract entered into, to be
	376	+	24 paid into a special income earning fund hereby created in the
	377	+
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	387	+	1 State Treasury, known as the Cemetery Consumer Protection
	388	+	2 Fund. The above said fees shall be remitted to the Comptroller
	389	+	3 semi-annually within 30 days after the end of June and
	390	+	4 December for all contracts that have been entered in such 6
	391	+	5 month period.
	392	+	6 (b) All monies paid into the fund together with all
	393	+	7 accumulated undistributed income thereon shall be held as a
	394	+	8 special fund in the State Treasury. The fund shall be used
	395	+	9 solely for the purpose of providing restitution to consumers
	396	+	10 who have suffered pecuniary loss arising out of pre-need
	397	+	11 sales, to help pay expenses of cemeteries or mausoleums in
	398	+	12 court-ordered receivership, or to satisfy Receiver's fees, or
	399	+	13 to administer the Comptroller's program for the purpose of
	400	+	14 cleaning up abandoned or neglected cemeteries located in
	401	+	15 Illinois.
	402	+	16 (c) Restitution or reimbursement for pre-need merchandise
	403	+	17 or services shall not exceed the reasonable average regional
	404	+	18 cost of the contracted merchandise at current prices.
	405	+	19 (d) Whenever restitution is paid by the fund, the fund
	406	+	20 shall be subrogated to the amount of such restitution, and the
	407	+	21 Comptroller shall request the Attorney General to engage in
	408	+	22 all reasonable post judgment collection steps to collect said
	409	+	23 restitution from the judgment debtor and reimburse the fund.
	410	+	24 (e) (Blank).
	411	+	25 (f) The fund may not be allocated for any purpose other
	412	+	26 than that specified in this Act.
	413	+
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	423	+	1 (g) Notwithstanding any other provision of this Section,
	424	+	2 the payment of restitution from the fund shall be a matter of
	425	+	3 grace and not of right and no purchaser shall have any vested
	426	+	4 rights in the fund as a beneficiary or otherwise. Prior to
	427	+	5 seeking restitution from the fund, a purchaser or beneficiary
	428	+	6 seeking payment of restitution shall apply for restitution on
	429	+	7 a form provided by the Comptroller. The form shall include any
	430	+	8 information the Comptroller may reasonably require in order
	431	+	9 for the Comptroller to determine that restitution or
	432	+	10 reimbursement for cemetery merchandise or services is
	433	+	11 appropriate.
	434	+	12 (h) Annually, the status of the fund shall be reviewed by
	435	+	13 the Comptroller, and if she or he determines that the fund
	436	+	14 together with all accumulated income earned thereon, equals or
	437	+	15 exceeds $10,000,000 and that the total number of outstanding
	438	+	16 claims filed against the fund is less than 10% of the fund's
	439	+	17 current balance, then payments to the fund pursuant to
	440	+	18 subsection (a) of this Section shall be suspended until such
	441	+	19 time as the fund's balance drops below $10,000,000 or the
	442	+	20 total number of outstanding claims filed against the fund is
	443	+	21 more than 10% of the fund's current balance, but on such
	444	+	22 suspension, the fund shall not be considered inactive.
	445	+	23 (Source: P.A. 101-34, eff. 6-28-19.)
	446	+	24 Section 99. Effective date. This Act takes effect upon
	447	+	25 becoming law.
	448	+
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