Full Text of SB2146 103rd General Assembly
SB2146enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Sections 4.34 and 4.39 as follows: | 6 | | (5 ILCS 80/4.34) | 7 | | Sec. 4.34. Acts and Section repealed on January 1, 2024. | 8 | | The following Acts and
Section of an Act are repealed
on | 9 | | January 1, 2024: | 10 | | The Crematory Regulation Act. | 11 | | The Electrologist Licensing Act. | 12 | | The Illinois Certified Shorthand Reporters Act of | 13 | | 1984. | 14 | | The Illinois Occupational Therapy Practice Act. | 15 | | The Illinois Public Accounting Act. | 16 | | The Private Detective, Private Alarm, Private | 17 | | Security, Fingerprint Vendor, and Locksmith Act of 2004. | 18 | | The Registered Surgical Assistant and Registered | 19 | | Surgical Technologist
Title Protection Act. | 20 | | Section 2.5 of the Illinois Plumbing License Law.
| 21 | | The Veterinary Medicine and Surgery Practice Act of | 22 | | 2004. | 23 | | (Source: P.A. 102-291, eff. 8-6-21.) |
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| 1 | | (5 ILCS 80/4.39) | 2 | | Sec. 4.39. Acts repealed on January 1, 2029 and December | 3 | | 31, 2029. | 4 | | (a) The following Acts are Act is repealed on January 1, | 5 | | 2029: | 6 | | The Environmental Health Practitioner Licensing Act. | 7 | | The Crematory Regulation Act. | 8 | | (b) The following Act is repealed on December 31, 2029: | 9 | | The Structural Pest Control Act.
| 10 | | (Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18; | 11 | | 101-81, eff. 7-12-19.) | 12 | | Section 10. The Crematory Regulation Act is amended by | 13 | | changing Sections 10, 22, and 35 as follows:
| 14 | | (410 ILCS 18/10)
| 15 | | (Section scheduled to be repealed on January 1, 2024) | 16 | | Sec. 10. Establishment of crematory and licensing of
| 17 | | crematory authority. | 18 | | (a) Any person doing business in this State, or any | 19 | | cemetery,
funeral establishment, corporation, partnership, | 20 | | joint venture, voluntary
organization or any other entity, may | 21 | | erect, maintain, and operate a
crematory in this State and | 22 | | provide the necessary appliances and
facilities for the | 23 | | cremation of human remains in accordance with this Act.
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| 1 | | (b) A crematory shall be subject to all local, State, and | 2 | | federal health and
environmental protection requirements and | 3 | | shall obtain all necessary licenses
and permits from the | 4 | | Department of Financial and Professional Regulation, the | 5 | | Department of Public Health, the federal Department of Health | 6 | | and Human
Services, and the Illinois and federal Environmental | 7 | | Protection Agencies, or
such other appropriate local, State, | 8 | | or federal agencies.
| 9 | | (c) A crematory may be constructed on or adjacent to any | 10 | | cemetery, on or
adjacent to any funeral establishment, or at | 11 | | any other location consistent with
local zoning regulations.
| 12 | | (d) An application for licensure as a crematory
authority | 13 | | shall be in
writing on forms furnished by the Comptroller. | 14 | | Applications shall be
accompanied by a fee of $100 $50 and | 15 | | shall contain all of the following:
| 16 | | (1) The full name and address, both residence and | 17 | | business, of the
applicant if the applicant is an | 18 | | individual; the full name and address of
every member if | 19 | | the applicant is a partnership; the full name and address | 20 | | of
every member of the board of directors if the applicant | 21 | | is an association; and
the name and address of every | 22 | | officer, director, and shareholder holding more
than 25% | 23 | | of the corporate stock if the applicant is a corporation.
| 24 | | (2) The address and location of the crematory.
| 25 | | (3) A description of the type of structure and | 26 | | equipment to be used in
the operation of the crematory, |
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| 1 | | including the operating permit number issued
to the | 2 | | cremation device by the Illinois Environmental Protection | 3 | | Agency.
| 4 | | (4) Any further information that the Comptroller | 5 | | reasonably may require.
| 6 | | (e) Each crematory authority shall file an annual report | 7 | | with the Comptroller, accompanied with a $25 fee, providing
| 8 | | (i) an affidavit signed by the owner of the crematory | 9 | | authority that at the
time
of the report the cremation device | 10 | | was in proper operating condition,
(ii) the total number of | 11 | | all cremations performed at the crematory
during the past
| 12 | | year, (iii) attestation by the licensee that all applicable | 13 | | permits and
certifications are
valid, (iv) either (A)
any | 14 | | changes required in the
information provided under subsection | 15 | | (d) or (B) an indication that no changes have
occurred, and (v) | 16 | | any other information that the Comptroller may require. The | 17 | | annual report shall be filed by a crematory authority on or
| 18 | | before March 15 of each calendar year. If the fiscal year of a | 19 | | crematory authority is other than on a calendar year basis, | 20 | | then the crematory authority shall file the report required by | 21 | | this Section within 75 days after the end of its fiscal year. | 22 | | If a crematory authority fails to
submit an annual report to | 23 | | the Comptroller within the time specified in
this Section, the | 24 | | Comptroller shall impose upon the crematory authority a
| 25 | | penalty of $5 for each and every day the crematory authority | 26 | | remains
delinquent in submitting the annual report. The |
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| 1 | | Comptroller may abate all or
part of the $5 daily penalty for | 2 | | good cause shown. The $25 annual report fee shall be deposited | 3 | | in the Comptroller's Administrative Fund.
| 4 | | (f) All records required to be maintained under this Act, | 5 | | including but
not limited to those relating to the license and | 6 | | annual
report of the
crematory authority required to be filed | 7 | | under this Section, shall be
subject to inspection by the | 8 | | Comptroller upon reasonable notice.
| 9 | | (g) The Comptroller may inspect crematory records at the | 10 | | crematory
authority's place of business to review
the
| 11 | | licensee's compliance with this Act. The Comptroller may | 12 | | charge a $100 fee for the inspection of the licensee. The | 13 | | inspection must include
verification that:
| 14 | | (1) the crematory authority has complied with | 15 | | record-keeping requirements
of this
Act;
| 16 | | (2) a crematory device operator's certification of | 17 | | training and the required continuing education | 18 | | certification are is
conspicuously
displayed at
the | 19 | | crematory;
| 20 | | (3) the cremation device has a current operating | 21 | | permit issued by the
Illinois
Environmental Protection | 22 | | Agency and the permit is conspicuously displayed
in the | 23 | | crematory;
| 24 | | (4) the crematory authority is in compliance with | 25 | | local zoning
requirements;
| 26 | | (5) the crematory authority license issued by the |
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| 1 | | Comptroller is
conspicuously
displayed
at
the crematory; | 2 | | and
| 3 | | (6) other details as determined by rule. | 4 | | (h) The Comptroller shall issue licenses under this Act to | 5 | | the crematories
that are
registered
with
the Comptroller as of | 6 | | on March 1, 2012 without requiring the previously registered
| 7 | | crematories
to complete license applications.
| 8 | | (i) Every license issued under this Act shall be renewed | 9 | | every 5 years for a renewal fee of $100 to be sent to the | 10 | | Comptroller. The renewal fee shall be deposited into the | 11 | | Comptroller's Administrative Fund. The Comptroller, upon the | 12 | | request of an interested person, or on his or her own motion, | 13 | | may issue new licenses to a licensee whose license or licenses | 14 | | have been revoked, if no factor or condition exists that would | 15 | | have warranted the Comptroller to refuse the issuance of the | 16 | | license. | 17 | | (Source: P.A. 97-679, eff. 2-6-12; 97-813, eff. 7-13-12; | 18 | | 98-463, eff. 8-16-13 .)
| 19 | | (410 ILCS 18/22)
| 20 | | (Section scheduled to be repealed on January 1, 2024) | 21 | | Sec. 22. Performance of cremation service; training. A | 22 | | person may not
perform a cremation service in this State | 23 | | unless he or she has completed
training in performing | 24 | | cremation services and received certification by a
program | 25 | | recognized by the Comptroller. The crematory authority must
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| 1 | | conspicuously display the certification at the crematory | 2 | | authority's place of
business. Any new employee shall have a | 3 | | reasonable time period, not to exceed one year, to attend a | 4 | | recognized training program. In the interim,
the new employee | 5 | | may perform a cremation service if he or she has received
| 6 | | training from another person who has received certification by | 7 | | a program
recognized by the Comptroller and is under the | 8 | | supervision of the trained person. Each person performing a | 9 | | cremation service shall complete a continuing education | 10 | | cremation course at least 2 hours in length from a provider | 11 | | recognized by the Comptroller every 5 years. For purposes of | 12 | | this Act, the Comptroller may
recognize any training program | 13 | | that provides training in the operation of a
cremation device, | 14 | | in the maintenance of a clean facility, and in the proper
| 15 | | handling of human remains. The Comptroller may recognize any | 16 | | course that is
conducted by a death care trade association in | 17 | | Illinois or the United States or
by a manufacturer of a | 18 | | cremation unit that is consistent with the standards
provided | 19 | | in this Act or as otherwise determined by rule.
| 20 | | (Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12 .)
| 21 | | (410 ILCS 18/35)
| 22 | | (Section scheduled to be repealed on January 1, 2024)
| 23 | | Sec. 35. Cremation procedures.
| 24 | | (a) Human remains shall not be cremated within 24
hours | 25 | | after the time of death, as indicated on the Medical
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| 1 | | Examiner's/Coroner's Certificate of Death. In any death, the | 2 | | human remains
shall not be cremated by the crematory authority | 3 | | until a cremation permit has
been received from the coroner or | 4 | | medical examiner of the county in which the
death occurred and | 5 | | the crematory authority has received a cremation
authorization | 6 | | form, executed by an authorizing agent, in accordance with the
| 7 | | provisions of Section 15 of this Act. In no instance, however, | 8 | | shall the lapse
of time between the death and the cremation be | 9 | | less than 24 hours, unless (i)
it is known the deceased has an | 10 | | infectious or dangerous disease and that the
time requirement | 11 | | is waived in writing by the medical examiner or coroner where
| 12 | | the death occurred or (ii) because of a religious requirement.
| 13 | | (b) Except as set forth in subsection (a) of this Section,
| 14 | | a crematory authority shall have the right to schedule the | 15 | | actual cremation
to be performed at its own convenience, at | 16 | | any time after the human remains
have been delivered to the | 17 | | crematory authority, unless the crematory
authority has | 18 | | received specific instructions to the contrary on the
| 19 | | cremation authorization form.
| 20 | | (c) No crematory authority shall cremate human remains | 21 | | when it has actual
knowledge that human remains contain a | 22 | | pacemaker or any other material or
implant that may be | 23 | | potentially hazardous to the person performing the
cremation.
| 24 | | (d) No crematory authority shall refuse to accept human | 25 | | remains for
cremation because such human remains are not | 26 | | embalmed.
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| 1 | | (e) Whenever a crematory authority is unable or | 2 | | unauthorized to cremate
human remains immediately upon taking | 3 | | custody of the remains, the crematory
authority shall place | 4 | | the human remains in a holding facility in accordance
with the | 5 | | crematory authority's rules and regulations.
The crematory | 6 | | authority must notify the authorizing agent of the reasons for
| 7 | | delay in
cremation if a properly authorized cremation is not | 8 | | performed within any time
period expressly
contemplated in the | 9 | | authorization.
| 10 | | (f) A crematory authority shall not accept a casket or
| 11 | | alternative container from which there is any evidence of the | 12 | | leakage of
body fluids.
| 13 | | (g) The casket or the alternative container shall be | 14 | | cremated with
the human remains or destroyed, unless the | 15 | | crematory authority has notified the
authorizing agent to the | 16 | | contrary on the cremation authorization form and
obtained the | 17 | | written consent of the authorizing agent.
| 18 | | (h) The simultaneous cremation of the human remains of | 19 | | more than one person
within the same cremation chamber, | 20 | | without the prior written consent of the
authorizing agent, is | 21 | | prohibited except for common cremation pursuant to Section | 22 | | 11.4 of the Hospital Licensing Act. Nothing in this | 23 | | subsection, however, shall
prevent the simultaneous cremation | 24 | | within the same cremation chamber of body
parts delivered to | 25 | | the crematory authority from multiple sources, or the use of
| 26 | | cremation equipment that contains more than one cremation |
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| 1 | | chamber.
| 2 | | (i) No unauthorized person shall be permitted in the | 3 | | holding facility or
cremation room while any human remains are | 4 | | being held there awaiting
cremation, being cremated, or being | 5 | | removed from the cremation chamber.
| 6 | | (j) A crematory authority shall not remove any dental | 7 | | gold, body parts,
organs, or any item of value prior to or | 8 | | subsequent to a cremation without
previously having received | 9 | | specific written authorization from the
authorizing agent and | 10 | | written instructions for the delivery of these items
to the | 11 | | authorizing agent. Under no circumstances shall a crematory | 12 | | authority
profit from making or assisting in any removal of | 13 | | valuables.
| 14 | | (k) Upon the completion of each cremation, and insofar as | 15 | | is practicable,
all of the recoverable residue of the | 16 | | cremation process shall be removed from
the cremation chamber.
| 17 | | (l) If all of the recovered cremated remains will
not fit | 18 | | within the receptacle that has been selected, the remainder of | 19 | | the
cremated remains shall be returned to the authorizing | 20 | | agent or the agent's
designee in a separate container. The | 21 | | crematory authority shall not return
to an authorizing agent | 22 | | or the agent's designee more or less cremated
remains than | 23 | | were removed from the cremation chamber.
| 24 | | (m) A crematory authority shall not knowingly represent to | 25 | | an
authorizing agent or the agent's designee that a temporary | 26 | | container or
urn contains the cremated remains of a specific |
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| 1 | | decedent when it does not.
| 2 | | (n) Cremated remains shall be shipped only by a method | 3 | | that has an internal
tracing system available and that | 4 | | provides a receipt signed, in either paper or electronic | 5 | | format, by the person
accepting delivery.
| 6 | | (o) A crematory authority shall maintain an identification | 7 | | system that shall
ensure that it shall be able to identify the | 8 | | human remains in its possession
throughout all phases of the | 9 | | cremation process.
| 10 | | (p) A crematory authority shall not take possession of | 11 | | unembalmed human remains that cannot be cremated within 24 | 12 | | hours unless it provides or maintains either of the following | 13 | | capable of maintaining a temperature of less than 40 degrees | 14 | | Fahrenheit: an operable refrigeration unit, with cleanable, | 15 | | noncorrosive interior and exterior finishes, or a suitable | 16 | | cooling room. | 17 | | (Source: P.A. 102-824, eff. 1-1-23 .)
| 18 | | Section 15. The Illinois Pre-Need Cemetery Sales Act is | 19 | | amended by changing Section 22 as follows:
| 20 | | (815 ILCS 390/22) (from Ch. 21, par. 222)
| 21 | | Sec. 22. Cemetery Consumer Protection Fund.
| 22 | | (a) Every seller engaging in pre-need sales shall
pay to | 23 | | the
Comptroller $5 for each said contract entered into, to be | 24 | | paid into a special
income earning fund hereby created in the |
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| 1 | | State Treasury, known as the Cemetery
Consumer Protection | 2 | | Fund. The above said fees shall
be remitted to the
Comptroller | 3 | | semi-annually within 30 days after the end of June and | 4 | | December
for all contracts that have been entered in such 6 | 5 | | month period.
| 6 | | (b) All monies paid into the fund together with all | 7 | | accumulated
undistributed
income thereon shall be held as a | 8 | | special fund in the State Treasury. The
fund shall be used | 9 | | solely for the purpose of providing restitution to consumers
| 10 | | who have suffered pecuniary loss arising out of pre-need | 11 | | sales, to help pay expenses of cemeteries or mausoleums in | 12 | | court-ordered receivership, or to satisfy Receiver's fees , or | 13 | | to administer the Comptroller's program for the purpose of | 14 | | cleaning up abandoned or neglected cemeteries located in | 15 | | Illinois .
| 16 | | (c) Restitution or reimbursement for pre-need merchandise | 17 | | or services shall not exceed the reasonable average regional | 18 | | cost of the contracted merchandise at current prices.
| 19 | | (d) Whenever restitution is paid by the fund, the fund | 20 | | shall be
subrogated to the amount of such restitution, and the | 21 | | Comptroller shall
request the Attorney General to engage in | 22 | | all reasonable post judgment
collection steps to collect said | 23 | | restitution from the judgment debtor and
reimburse the fund.
| 24 | | (e) (Blank).
| 25 | | (f) The fund may not be allocated for any purpose other | 26 | | than that specified
in this Act.
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| 1 | | (g) Notwithstanding any other provision of this Section, | 2 | | the payment of
restitution from the fund shall be a matter of | 3 | | grace and not of
right and
no purchaser shall have any vested | 4 | | rights in the fund as a
beneficiary or
otherwise.
Prior to | 5 | | seeking restitution from the fund, a purchaser
or beneficiary | 6 | | seeking payment of restitution shall apply
for restitution on | 7 | | a form provided by the Comptroller. The
form shall include any | 8 | | information the Comptroller may
reasonably require in order | 9 | | for the Comptroller to determine that
restitution or | 10 | | reimbursement for cemetery
merchandise or services is | 11 | | appropriate.
| 12 | | (h) Annually, the status of the fund shall be reviewed by | 13 | | the
Comptroller, and if she or he determines that the fund | 14 | | together with all
accumulated income earned thereon, equals or | 15 | | exceeds $10,000,000 and that
the total number of outstanding | 16 | | claims filed against the fund is less than
10% of the fund's | 17 | | current balance, then payments to the fund pursuant to | 18 | | subsection (a) of this Section shall be
suspended until such | 19 | | time as the fund's balance drops below $10,000,000 or
the | 20 | | total number of outstanding claims filed against the fund is | 21 | | more than
10% of the fund's current balance, but on such | 22 | | suspension, the fund shall
not be considered inactive.
| 23 | | (Source: P.A. 101-34, eff. 6-28-19.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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