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Public Act 92-0675
HB4696 Enrolled LRB9213054JMmg
AN ACT in relation to public health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Crematory Regulation Act is amended by
changing Sections 5, 10, 35, 55, and 60 and by adding
Sections 11, 11.5, 12, 13, 14, 19, 22, 62, 62.5, 62.10,
62.15, and 62.20 as follows:
(410 ILCS 18/5)
Sec. 5. Definitions. As used in this Act:
"Alternative container" means a receptacle, other than a
casket, in which human remains are transported to the
crematory and placed in the cremation chamber for cremation.
An alternative container shall be (i) composed of readily
combustible materials suitable for cremation, (ii) able to be
closed in order to provide a complete covering for the human
remains, (iii) resistant to leakage or spillage, (iv) rigid
enough for handling with ease, and (v) able to provide
protection for the health, safety, and personal integrity of
crematory personnel.
"Authorizing agent" means a person legally entitled to
order the cremation and final disposition of specific human
remains.
"Body parts" means limbs or other portions of the anatomy
that are removed from a person or human remains for medical
purposes during treatment, surgery, biopsy, autopsy, or
medical research; or human bodies or any portion of bodies
that have been donated to science for medical research
purposes.
"Burial transit permit" means a permit for disposition of
a dead human body as required by Illinois law.
"Casket" means a rigid container that is designed for the
encasement of human remains, is usually constructed of wood,
metal, or like material and ornamented and lined with fabric,
and may or may not be combustible.
"Change of ownership" means a transfer of more than 50%
of the stock or assets of a crematory authority.
"Comptroller" means the Comptroller of the State of
Illinois.
"Cremated remains" means all human remains recovered
after the completion of the cremation, which may possibly
include the residue of any foreign matter including casket
material, bridgework, or eyeglasses, that was cremated with
the human remains.
"Cremation" means the technical process, using heat and
flame, that reduces human remains to bone fragments. The
reduction takes place through heat and evaporation. Cremation
shall include the processing, and may include the
pulverization, of the bone fragments.
"Cremation chamber" means the enclosed space within which
the cremation takes place.
"Cremation interment container" means a rigid outer
container that, subject to a cemetery's rules and
regulations, is composed of concrete, steel, fiberglass, or
some similar material in which an urn is placed prior to
being interred in the ground, and which is designed to
withstand prolonged exposure to the elements and to support
the earth above the urn.
"Cremation room" means the room in which the cremation
chamber is located.
"Crematory" means the building or portion of a building
that houses the cremation room and the holding facility.
"Crematory authority" means the legal entity or the
authorized representative of the legal entity which is
licensed registered by the Comptroller to operate a crematory
and to perform cremations.
"Department" means the Illinois Department of Public
Health.
"Final disposition" means the burial, cremation, or other
disposition of a dead human body or parts of a dead human
body.
"Funeral director" means a person known by the title of
"funeral director", "funeral director and embalmer", or other
similar words or titles, licensed by the State to practice
funeral directing or funeral directing and embalming.
"Funeral establishment" means a building or separate
portion of a building having a specific street address and
location and devoted to activities relating to the shelter,
care, custody, and preparation of a deceased human body and
may contain facilities for funeral or wake services.
"Holding facility" means an area that (i) is designated
for the retention of human remains prior to cremation, (ii)
complies with all applicable public health law, (iii)
preserves the health and safety of the crematory authority
personnel, and (iv) is secure from access by anyone other
than authorized persons. A holding facility may be located
in a cremation room.
"Human remains" means the body of a deceased person,
including any form of body prosthesis that has been
permanently attached or implanted in the body.
"Niche" means a compartment or cubicle for the
memorialization and permanent placement of an urn containing
cremated remains.
"Processing" means the reduction of identifiable bone
fragments after the completion of the cremation process to
unidentifiable bone fragments by manual or mechanical means.
"Pulverization" means the reduction of identifiable bone
fragments after the completion of the cremation process to
granulated particles by manual or mechanical means.
"Scattering area" means an area which may be designated
by a cemetery and located on dedicated cemetery property
where cremated remains, which have been removed from their
container, can be mixed with, or placed on top of, the soil
or ground cover.
"Temporary container" means a receptacle for cremated
remains, usually composed of cardboard, plastic or similar
material, that can be closed in a manner that prevents the
leakage or spillage of the cremated remains or the entrance
of foreign material, and is a single container of sufficient
size to hold the cremated remains until an urn is acquired or
the cremated remains are scattered.
"Urn" means a receptacle designed to encase the cremated
remains.
(Source: P.A. 87-1187.)
(410 ILCS 18/10)
Sec. 10. Establishment of crematory and licensing
registration of crematory authority.
(a) Any person doing business in this State, or any
cemetery, funeral establishment, corporation, partnership,
joint venture, voluntary organization or any other entity,
may erect, maintain, and operate a crematory in this State
and provide the necessary appliances and facilities for the
cremation of human remains in accordance with this Act.
(b) A crematory shall be subject to all local, State,
and federal health and environmental protection requirements
and shall obtain all necessary licenses and permits from the
Department, the federal Department of Health and Human
Services, and the Illinois and federal Environmental
Protection Agencies, or such other appropriate local, State,
or federal agencies.
(c) A crematory may be constructed on or adjacent to any
cemetery, on or adjacent to any funeral establishment, or at
any other location consistent with local zoning regulations.
(d) An application for licensure registration as a
crematory authority shall be in writing on forms furnished by
the Comptroller. Applications shall be accompanied by a fee
of $50 and shall contain all of the following:
(1) The full name and address, both residence and
business, of the applicant if the applicant is an
individual; the full name and address of every member if
the applicant is a partnership; the full name and address
of every member of the board of directors if the
applicant is an association; and the name and address of
every officer, director, and shareholder holding more
than 25% of the corporate stock if the applicant is a
corporation.
(2) The address and location of the crematory.
(3) A description of the type of structure and
equipment to be used in the operation of the crematory,
including the operating permit number issued to the
cremation device by the Illinois Environmental Protection
Agency.
(3.5) Attestation by the owner that cremation
services shall be by a person trained in accordance with
the requirements of Section 22 of this Act.
(3.10) A copy of the certification or
certifications issued by the certification program to the
person or persons who will operate the cremation device.
(4) Any further information that the Comptroller
reasonably may require.
(e) Each crematory authority shall file an annual report
with the Comptroller, accompanied with a $25 fee, providing
(i) an affidavit signed by the owner of the crematory
authority that at the time of the report the cremation device
was in proper operating condition, (ii) the total number of
all cremations performed at the crematory during the past
year, (iii) attestation by the licensee that all applicable
permits and certifications are valid, and (iv) either (A) any
changes required in the information provided under subsection
(d) or (B) an indication indicating that no changes have
occurred. The annual report shall be filed by a crematory
authority on or before March 15 of each calendar year, in the
Office of the Comptroller. If the fiscal year of a crematory
authority is other than on a calendar year basis, then the
crematory authority shall file the report required by this
Section within 75 days after the end of its fiscal year. The
Comptroller shall, for good cause shown, grant an extension
for the filing of the annual report upon the written request
of the crematory authority. An extension shall not exceed 60
days. If a crematory authority fails to submit an annual
report to the Comptroller within the time specified in this
Section, the Comptroller shall impose upon the crematory
authority a penalty of $5 for each and every day the
crematory authority remains delinquent in submitting the
annual report. The Comptroller may abate all or part of the
$5 daily penalty for good cause shown.
(f) All records required to be maintained under this
Act, including but not limited to those relating to the
license registration and annual report of the crematory
authority required to be filed under this Section, shall be
subject to inspection by the Comptroller upon reasonable
notice.
(g) The Comptroller may inspect crematory records at the
crematory authority's place of business to review the
licensee's compliance with this Act. The inspection must
include verification that:
(1) the crematory authority has complied with
record-keeping requirements of this Act;
(2) a crematory device operator's certification of
training is conspicuously displayed at the crematory;
(3) the cremation device has a current operating
permit issued by the Illinois Environmental Protection
Agency and the permit is conspicuously displayed in the
crematory;
(4) the crematory authority is in compliance with
local zoning requirements; and
(5) the crematory authority license issued by the
Comptroller is conspicuously displayed at the crematory.
(h) The Comptroller shall issue licenses under this Act
to the crematories that are registered with the Comptroller
as of July 1, 2003 without requiring the previously
registered crematories to complete license applications.
(Source: P.A. 92-419, eff. 1-1-02.)
(410 ILCS 18/11 new)
Sec. 11. Grounds for refusal of license or suspension or
revocation of license.
(a) In this Section, "applicant" means a person who has
applied for a license under this Act.
(b) The Comptroller may refuse to issue a license under
this Act, or may suspend or revoke a license issued under
this Act, on any of the following grounds:
(1) The applicant or licensee has made any
misrepresentation or false statement or concealed any
material fact in connection with a license application or
licensure under this Act.
(2) The applicant or licensee has been engaged in
business practices that work a fraud.
(3) The applicant or licensee has refused to give
information required under this Act to be disclosed to
the Comptroller.
(4) The applicant or licensee has conducted or is
about to conduct cremation business in a fraudulent
manner.
(5) As to any individual listed in the license
application as required under Section 10, that individual
has conducted or is about to conduct any cremation
business on behalf of the applicant in a fraudulent
manner or has been convicted of any felony or misdemeanor
an essential element of which is fraud.
(6) The applicant or licensee has failed to make
the annual report required by this Act or to comply with
a final order, decision, or finding of the Comptroller
made under this Act.
(7) The applicant or licensee, including any
member, officer, or director of the applicant or licensee
if the applicant or licensee is a firm, partnership,
association, or corporation and including any shareholder
holding more than 25% of the corporate stock of the
applicant or licensee, has violated any provision of this
Act or any regulation or order made by the Comptroller
under this Act.
(8) The Comptroller finds any fact or condition
existing that, if it had existed at the time of the
original application for a license under this Act, would
have warranted the Comptroller in refusing the issuance
of the license.
(410 ILCS 18/11.5 new)
Sec. 11.5. License revocation or suspension; surrender of
license.
(a) Upon determining that grounds exist for the
revocation or suspension of a license issued under this Act,
the Comptroller, if appropriate, may revoke or suspend the
license issued to the licensee.
(b) Upon the revocation or suspension of a license
issued under this Act, the licensee must immediately
surrender the license to the Comptroller. If the licensee
fails to do so, the Comptroller may seize the license.
(410 ILCS 18/12 new)
Sec. 12. Surrender of license; effect on licensee's
liability. A licensee may surrender a license issued under
this Act by delivering to the Comptroller a written notice
stating that the licensee thereby surrenders the license, but
such a surrender does not affect the licensee's civil or
criminal liability for acts committed before the surrender.
(410 ILCS 18/13 new)
Sec. 13. License; display; transfer; duration.
(a) Every license issued under this Act must state the
number of the license, the business name and address of the
licensee's principal place of business, and the licensee's
parent company, if any. The license must be conspicuously
posted in the place of business operating under the license.
(b) No license is transferable or assignable without the
express written consent of the Comptroller. A transfer of
more than 50% of the ownership of any business licensed under
this Act shall be deemed to be an attempted assignment of the
license originally issued to the licensee for whom consent of
the Comptroller is required.
(c) Every license issued under this Act shall remain in
force until it has been surrendered, suspended, or revoked in
accordance with this Act. Upon the request of an interested
person or on the Comptroller's own motion, the Comptroller
may issue a new license to a licensee whose license has been
revoked under this Act if no factor or condition then exists
which would have warranted the Comptroller in originally
refusing the issuance of the license.
(410 ILCS 18/14 new)
Sec. 14. Display of cremation device permit. A crematory
authority must conspicuously display in its place of business
the operating permit issued to its cremation device by the
Illinois Environmental Protection Agency. All rulemaking
authority in connection with such operating permits shall be
vested with the Illinois Environmental Protection Agency.
(410 ILCS 18/19 new)
Sec. 19. Cremation only in crematory. An individual or a
person, cemetery, funeral establishment, corporation,
partnership, joint venture, voluntary organization, or other
entity may cremate human remains only in a crematory operated
by a crematory authority licensed for this purpose and only
under the limitations provided in this Act.
(410 ILCS 18/22 new)
Sec. 22. Performance of cremation service; training. A
person may not perform a cremation service in this State
unless he or she has completed training in performing
cremation services and received certification by a program
recognized by the Comptroller. The crematory authority must
conspicuously display the certification at the crematory
authority's place of business. Any new employee shall have a
reasonable time period, not to exceed one year, to attend a
recognized training program. In the interim, the new
employee may perform a cremation service if he or she has
received training from another person who has received
certification by a program recognized by the Comptroller. For
purposes of this Act, the Comptroller shall recognize any
training program that provides training in the operation of a
cremation device, in the maintenance of a clean facility, and
in the proper handling of human remains. The Comptroller
shall recognize any course that is conducted by a death care
trade association in Illinois or the United States or by a
manufacturer of a cremation unit that is consistent with the
standards provided in this Act.
(410 ILCS 18/35)
Sec. 35. Cremation procedures.
(a) Human remains shall not be cremated within 24 hours
after the time of death, as indicated on the Medical
Examiner's/Coroner's Certificate of Death. In any death, the
human remains shall not be cremated by the crematory
authority until a cremation permit has been received from
the coroner or medical examiner of the county in which the
death occurred and the crematory authority has received a
cremation authorization form, executed by an authorizing
agent, in accordance with the provisions of Section 15 of
this Act. In no instance, however, shall the lapse of time
between the death and the cremation be less than 24 hours,
unless (i) it is known the deceased has an infectious or
dangerous disease and that the time requirement is waived in
writing by the medical examiner or coroner where the death
occurred or (ii) because of a religious requirement.
(b) Except as set forth in subsection (a) of this
Section, a crematory authority shall have the right to
schedule the actual cremation to be performed at its own
convenience, at any time after the human remains have been
delivered to the crematory authority, unless the crematory
authority has received specific instructions to the contrary
on the cremation authorization form.
(c) No crematory authority shall cremate human remains
when it has actual knowledge that human remains contain a
pacemaker or any other material or implant that may be
potentially hazardous to the person performing the
cremation.
(d) No crematory authority shall refuse to accept human
remains for cremation because such human remains are not
embalmed.
(e) Whenever a crematory authority is unable or
unauthorized to cremate human remains immediately upon taking
custody of the remains, the crematory authority shall place
the human remains in a holding facility in accordance with
the crematory authority's rules and regulations. The
crematory authority must notify the authorizing agent of the
reasons for delay in cremation if a properly authorized
cremation is not performed within any time period expressly
contemplated in the authorization.
(f) A crematory authority shall not accept a casket or
alternative container from which there is any evidence of the
leakage of body fluids.
(g) The casket or the alternative container shall be
cremated with the human remains or destroyed, unless the
crematory authority has notified the authorizing agent to the
contrary on the cremation authorization form and obtained the
written consent of the authorizing agent.
(h) The simultaneous cremation of the human remains of
more than one person within the same cremation chamber,
without the prior written consent of the authorizing agent,
is prohibited. Nothing in this subsection, however, shall
prevent the simultaneous cremation within the same cremation
chamber of body parts delivered to the crematory authority
from multiple sources, or the use of cremation equipment that
contains more than one cremation chamber.
(i) No unauthorized person shall be permitted in the
holding facility or cremation room while any human remains
are being held there awaiting cremation, being cremated, or
being removed from the cremation chamber.
(j) A crematory authority shall not remove any dental
gold, body parts, organs, or any item of value prior to or
subsequent to a cremation without previously having received
specific written authorization from the authorizing agent and
written instructions for the delivery of these items to the
authorizing agent. Under no circumstances shall a crematory
authority profit from making or assisting in any removal of
valuables.
(k) Upon the completion of each cremation, and insofar
as is practicable, all of the recoverable residue of the
cremation process shall be removed from the cremation
chamber.
(l) If all of the recovered cremated remains will not
fit within the receptacle that has been selected, the
remainder of the cremated remains shall be returned to the
authorizing agent or the agent's designee in a separate
container. The crematory authority shall not return to an
authorizing agent or the agent's designee more or less
cremated remains than were removed from the cremation
chamber.
(m) A crematory authority shall not knowingly represent
to an authorizing agent or the agent's designee that a
temporary container or urn contains the cremated remains of a
specific decedent when it does not.
(n) Cremated remains shall be shipped only by a method
that has an internal tracing system available and that
provides a receipt signed by the person accepting delivery.
(o) A crematory authority shall maintain an
identification system that shall ensure that it shall be able
to identify the human remains in its possession throughout
all phases of the cremation process.
(Source: P.A. 87-1187.)
(410 ILCS 18/55)
Sec. 55. Penalties.
Violations of this Act shall be punishable as follows:
(1) Performing a cremation without receipt of a
cremation authorization form signed by an authorizing
agent shall be a Class 4 felony.
(2) Signing a cremation authorization form with the
actual knowledge that the form contains false or
incorrect information shall be a Class 4 felony.
(3) A Violation of any cremation procedure set
forth in Section 35 shall be a Class 4 felony.
(4) Holding oneself out to the public as a
crematory authority, or the operation of a building or
structure within this State as a crematory, without being
licensed registered under this Act, shall be a Class A
misdemeanor.
(4.5) Performance of a cremation service by a
person who has not completed a training program as
defined in Section 22 of this Act shall be a Class A
misdemeanor.
(4.10) Any person who intentionally violates a
provision of this Act or a final order of the Comptroller
is liable for a civil penalty not to exceed $5,000 per
violation.
(4.15) Any person who knowingly acts without proper
legal authority and who willfully and knowingly destroys
or damages the remains of a deceased human being or who
desecrates human remains is guilty of a Class 3 felony.
(5) A violation of any other provision of this Act
shall be a Class B misdemeanor.
(Source: P.A. 87-1187.)
(410 ILCS 18/60)
Sec. 60. Failure to file annual report. Whenever a
crematory authority refuses or neglects to file its annual
report in violation of Section 10 of this Act, or fails to
otherwise comply with the registration or inspection
requirements of Section 10 of this Act, the Comptroller may
commence an administrative proceeding as authorized by this
Act or may shall communicate the facts to the Attorney
General of the State of Illinois who shall thereupon
institute such proceedings against the crematory authority or
its officers as the nature of the case may require.
(Source: P.A. 87-1187.)
(410 ILCS 18/62 new)
Sec. 62. Investigation of unlawful practices. If the
Comptroller has good cause to believe that a person has
engaged in, is engaging in, or is about to engage in any
practice in violation of this Act, the Comptroller may do any
one or more of the following:
(1) Require that person to file, on terms the
Comptroller prescribes, a statement or report in writing,
under oath or otherwise, containing all information that
the Comptroller considers necessary to ascertain whether
a licensee is in compliance with this Act, or whether an
unlicensed person is engaging in activities for which a
license is required under this Act.
(2) Examine under oath any person in connection
with the books and records required to be maintained
under this Act.
(3) Examine any books and records of a licensee
that the Comptroller considers necessary to ascertain
compliance with this Act.
(4) Require the production of a copy of any record,
book, document, account, or paper that is produced in
accordance with this Act and retain it in the
Comptroller's possession until the completion of all
proceedings in connection with which it is produced.
(410 ILCS 18/62.5 new)
Sec. 62.5. Service of notice. Service by the Comptroller
of any notice requiring a person to file a statement or
report under this Act shall be made: (1) personally by
delivery of a duly executed copy of the notice to the person
to be served or, if that person is not a natural person, in
the manner provided in the Civil Practice Law when a
complaint is filed; or (2) by mailing by certified mail a
duly executed copy of the notice to the person to be served
at his or her last known abode or principal place of business
within this State.
(410 ILCS 18/62.10 new)
Sec. 62.10. Investigation of actions; hearing.
(a) The Comptroller shall make an investigation upon
discovering facts that, if proved, would constitute grounds
for refusal, suspension, or revocation of a license under
this Act.
(b) Before refusing to issue, and before suspending or
revoking, a license under this Act, the Comptroller shall
hold a hearing to determine whether the applicant for a
license or the licensee ("the respondent") is entitled to
hold such a license. At least 10 days before the date set for
the hearing, the Comptroller shall notify the respondent in
writing that (i) on the designated date a hearing will be
held to determine the respondent's eligibility for a license
and (ii) the respondent may appear in person or by counsel.
The written notice may be served on the respondent
personally, or by registered or certified mail sent to the
respondent's business address as shown in the respondent's
latest notification to the Comptroller. The notice must
include sufficient information to inform the respondent of
the general nature of the reason for the Comptroller's
action.
(c) At the hearing, both the respondent and the
complainant shall be accorded ample opportunity to present in
person or by counsel such statements, testimony, evidence,
and argument as may be pertinent to the charge or to any
defense to the charge. The Comptroller may reasonably
continue the hearing from time to time. The Comptroller may
subpoena any person or persons in this State and take
testimony orally, by deposition, or by exhibit, in the same
manner and with the same fees and mileage as prescribed in
judicial proceedings in civil cases. Any authorized agent of
the Comptroller may administer oaths to witnesses at any
hearing that the Comptroller is authorized to conduct.
(d) The Comptroller, at the Comptroller's expense, shall
provide a certified shorthand reporter to take down the
testimony and preserve a record of every proceeding at the
hearing of any case involving the refusal to issue a license
under this Act, the suspension or revocation of such a
license, the imposition of a monetary penalty, or the
referral of a case for criminal prosecution. The record of
any such proceeding shall consist of the notice of hearing,
the complaint, all other documents in the nature of pleadings
and written motions filed in the proceeding, the transcript
of testimony, and the report and orders of the Comptroller.
Copies of the transcript of the record may be purchased from
the certified shorthand reporter who prepared the record or
from the Comptroller.
(410 ILCS 18/62.15 new)
Sec. 62.15. Court order. Upon the application of the
Comptroller or of the applicant or licensee against whom
proceedings under Section 62.10 are pending, any circuit
court may enter an order requiring witnesses to attend and
testify and requiring the production of documents, papers,
files, books, and records in connection with any hearing in
any proceeding under that Section. Failure to obey such a
court order may result in contempt proceedings.
(410 ILCS 18/62.20 new)
Sec. 62.20. Judicial review.
(a) Any person affected by a final administrative
decision of the Comptroller under this Act may have the
decision reviewed judicially by the circuit court of the
county where the person resides or, in the case of a
corporation, where the corporation's registered office is
located. If the plaintiff in the judicial review proceeding
is not a resident of this State, venue shall be in Sangamon
County. The provisions of the Administrative Review Law and
any rules adopted under it govern all proceedings for the
judicial review of final administrative decisions of the
Comptroller under this Act. The term "administrative
decision" is defined as in the Administrative Review Law.
(b) The Comptroller is not required to certify the
record of the proceeding unless the plaintiff in the review
proceeding has purchased a copy of the transcript from the
certified shorthand reporter who prepared the record or from
the Comptroller. Exhibits shall be certified without cost.
Section 99. Effective date. This Act takes effect on
July 1, 2003.
Passed in the General Assembly May 07, 2002.
Approved July 16, 2002.
Effective July 01, 2003.
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