Full Text of SB2091 93rd General Assembly
SB2091eng 93RD GENERAL ASSEMBLY
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| AN ACT concerning crematories.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Crematory Regulation Act is amended by | 5 |
| changing Section 10 as
follows:
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| (410 ILCS 18/10)
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| Sec. 10. Establishment of crematory and licensing of
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| crematory authority.
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| (a) Any person doing business in this State, or any | 10 |
| cemetery,
funeral establishment, corporation, partnership, | 11 |
| joint venture, voluntary
organization or any other entity, may | 12 |
| erect, maintain, and operate a
crematory in this State and | 13 |
| provide the necessary appliances and
facilities for the | 14 |
| cremation of human remains in accordance with this Act.
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| (b) A crematory shall be subject to all local, State, and | 16 |
| federal health and
environmental protection requirements and | 17 |
| shall obtain all necessary licenses
and permits from the | 18 |
| Department, the federal Department of Health and Human
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| Services, and the Illinois and federal Environmental | 20 |
| Protection Agencies, or
such other appropriate local, State, or | 21 |
| federal agencies.
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| (c) A crematory may be constructed on or adjacent to any | 23 |
| cemetery, on or
adjacent to any funeral establishment, or at | 24 |
| any other location
consistent with
local zoning regulations.
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| (d) An application for licensure as a crematory
authority | 26 |
| shall be in
writing on forms furnished by the Comptroller. | 27 |
| Applications shall be
accompanied by a fee of $50 and shall | 28 |
| contain all of the following:
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| (1) The full name and address, both residence and | 30 |
| business, of the
applicant if the applicant is an | 31 |
| individual; the full name and address of
every member if | 32 |
| the applicant is a partnership; the full name and address |
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| of
every member of the board of directors if the applicant | 2 |
| is an association; and
the name and address of every | 3 |
| officer, director, and shareholder holding more
than 25% of | 4 |
| the corporate stock if the applicant is a corporation.
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| (2) The address and location of the crematory.
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| (3) A description of the type of structure and | 7 |
| equipment to be used in
the operation of the crematory, | 8 |
| including the operating permit number issued
to the | 9 |
| cremation device by the Illinois Environmental Protection | 10 |
| Agency.
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| (3.5) Attestation by the owner that cremation | 12 |
| services shall
be by a person trained in accordance with | 13 |
| the requirements of Section 22 of
this Act.
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| (3.10) A copy of the certification or certifications | 15 |
| issued by the
certification program to the person or | 16 |
| persons who will operate the cremation
device.
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| (4) Any further information that the Comptroller | 18 |
| reasonably may require.
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| (e) Each crematory authority shall file an annual report | 20 |
| with the
Comptroller, accompanied with a $25 fee, providing
(i) | 21 |
| an affidavit signed by the owner of the crematory authority | 22 |
| that at the
time
of the report the cremation device was in | 23 |
| proper operating condition,
(ii) the total number of all | 24 |
| cremations performed at the crematory
during the past
year, | 25 |
| (iii) attestation by the licensee that all applicable permits | 26 |
| and
certifications are
valid, and (iv) either (A)
any changes | 27 |
| required in the
information provided under subsection (d) or | 28 |
| (B) an indication that no changes have
occurred. The annual | 29 |
| report shall be filed by a crematory authority on or
before | 30 |
| March 15 of each calendar year, in the Office of the | 31 |
| Comptroller. If the
fiscal year of a crematory authority is | 32 |
| other than on a calendar year
basis, then the crematory | 33 |
| authority shall file the report required by
this Section within | 34 |
| 75 days after the end of its fiscal year. The
Comptroller | 35 |
| shall, for good cause shown, grant an extension for the filing | 36 |
| of
the annual report upon the written request of the crematory |
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| authority. An
extension shall not exceed 60 days. If a | 2 |
| crematory authority fails to
submit an annual report to the | 3 |
| Comptroller within the time specified in
this Section, the | 4 |
| Comptroller shall impose upon the crematory authority a
penalty | 5 |
| of $5 for each and every day the crematory authority remains
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| delinquent in submitting the annual report. The Comptroller may | 7 |
| abate all or
part of the $5 daily penalty for good cause shown.
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| (f) All records required to be maintained under this Act, | 9 |
| including but
not limited to those relating to the license and | 10 |
| annual
report of the
crematory authority required to be filed | 11 |
| under this Section, shall be
subject to inspection by the | 12 |
| Comptroller upon reasonable notice.
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| (g) The Comptroller may inspect crematory records at the | 14 |
| crematory
authority's place of business to review
the
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| licensee's compliance with this Act. The inspection must | 16 |
| include
verification that:
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| (1) the crematory authority has complied with | 18 |
| record-keeping requirements
of this
Act;
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| (2) a crematory device operator's certification of | 20 |
| training is
conspicuously
displayed at
the crematory;
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| (3) the cremation device has a current operating | 22 |
| permit issued by the
Illinois
Environmental Protection | 23 |
| Agency and the permit is conspicuously displayed
in the | 24 |
| crematory;
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| (4) the crematory authority is in compliance with | 26 |
| local zoning
requirements; and
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| (5) the crematory authority license issued by the | 28 |
| Comptroller is
conspicuously
displayed
at
the crematory.
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| (h) The Comptroller shall issue licenses under this Act to | 30 |
| the crematories
that are
registered
with
the Comptroller as of | 31 |
| July 1, 2003 without requiring the previously registered
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| crematories
to complete license applications.
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| (Source: P.A. 92-419, eff. 1-1-02; 92-675, eff. 7-1-03.)
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