CREMATORY-CEMETERY REGULATION

Illinois General Assembly - Full Text of HB4695

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HB4695 - 104th General Assembly

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HB4695 Enrolled
LRB104 20396 JRC 33857 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Crematory Regulation Act is amended by
5
changing Sections 7, 10, 11, 11.5, 25, 35, 40, 50, 55, 65, 91,
6
and 94 as follows:

7

(410 ILCS 18/7)
8

(Section scheduled to be repealed on January 1, 2029)
9

Sec. 7.
Powers and duties of the Comptroller.
Subject to
10
the provisions of this Act, the Comptroller may exercise any
11
of the following powers and duties:
12

(1) Authorize standards to ascertain the
13

qualifications and fitness of applicants for licensing as
14

licensed crematory authorities and pass upon the
15

qualifications of applicants for licensure.
16

(2) Examine
, investigate,
and audit a licensed
17

crematory authority's records, crematory, or any other
18

aspects of crematory operation as the Comptroller deems
19

appropriate.
20

(3) Investigate any and all unlicensed activity.
21

(4) Conduct hearings on proceedings to refuse to issue
22

licenses or to revoke, suspend, place on probation,
23

reprimand, or otherwise discipline licensees and to refuse

HB4695 Enrolled
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1

to issue licenses or to revoke, suspend, place on
2

probation, reprimand, or otherwise discipline licensees.
3

(5) Formulate rules required for the administration of
4

this Act.
5

(6) Maintain rosters of the names and addresses of all
6

licensees, and all entities whose licenses have been
7

suspended, revoked, or otherwise disciplined. These
8

rosters shall be available upon written request and
9

payment of the required fee.
10
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12
.)

11

(410 ILCS 18/10)
12

(Section scheduled to be repealed on January 1, 2029)
13

Sec. 10.
Establishment of crematory and licensing of
14
crematory authority.
15

(a) Any person doing business in this State, or any
16
cemetery, funeral establishment, corporation, partnership,
17
joint venture, voluntary organization or any other entity, may
18
erect, maintain, and operate a crematory in this State and
19
provide the necessary appliances and facilities for the
20
cremation of human remains in accordance with this Act.
21

(b) A crematory shall be subject to all local, State, and
22
federal health and environmental protection requirements and
23
shall obtain all necessary licenses and permits from the
24
Department of Financial and Professional Regulation, the
25
Department of Public Health, the federal Department of Health

HB4695 Enrolled
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LRB104 20396 JRC 33857 b
1
and Human Services, and the Illinois and federal Environmental
2
Protection Agencies, or such other appropriate local, State,
3
or federal agencies.
4

(c) A crematory may be constructed on or adjacent to any
5
cemetery, on or adjacent to any funeral establishment, or at
6
any other location consistent with local zoning regulations.
7

(d) An application for licensure as a crematory authority
8
shall be in writing on forms furnished by the Comptroller.
9
Applications shall be accompanied by a fee of $100 and shall
10
contain all of the following:
11

(1) The full name and address, both residence and
12

business, of the applicant if the applicant is an
13

individual; the full name and address of every member if
14

the applicant is a partnership; the full name and address
15

of every member of the board of directors if the applicant
16

is an association; and the name and address of every
17

officer, director, and shareholder
holding 25% or more of
18

ownership of the entity

holding more than 25% of the
19

corporate stock
if the applicant is a corporation.
20

(2) The address and location of the crematory.
21

(3) A description of the type of structure and
22

equipment to be used in the operation of the crematory,
23

including the operating permit number issued to the
24

cremation device by the Illinois Environmental Protection
25

Agency.
26

(4) Any further information that the Comptroller

HB4695 Enrolled
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LRB104 20396 JRC 33857 b
1

reasonably may require.
2

(e) Each crematory authority shall file an annual report
3
with the Comptroller, accompanied with a $25 fee, providing
4
(i) an affidavit signed by the owner of the crematory
5
authority that at the time of the report the cremation device
6
was in proper operating condition, (ii) the total number of
7
all cremations performed at the crematory during the past
8
year, (iii) attestation by the licensee that all applicable
9
permits and certifications are valid, (iv) either (A) any
10
changes required in the information provided under subsection
11
(d) or (B) an indication that no changes have occurred, and (v)
12
any other information that the Comptroller may require. The
13
annual report shall be filed by a crematory authority on or
14
before March 15 of each calendar year. If the fiscal year of a
15
crematory authority is other than on a calendar year basis,
16
then the crematory authority shall file the report required by
17
this Section within 75 days after the end of its fiscal year.
18
If a crematory authority fails to submit an annual report to
19
the Comptroller within the time specified in this Section, the
20
Comptroller shall impose upon the crematory authority a
21
penalty of $5 for each and every day the crematory authority
22
remains delinquent in submitting the annual report. The
23
Comptroller may abate all or part of the $5 daily penalty for
24
good cause shown. The $25 annual report fee shall be deposited
25
in the Comptroller's Administrative Fund.
26

(f) All records required to be maintained under this Act,

HB4695 Enrolled
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LRB104 20396 JRC 33857 b
1
including but not limited to those relating to the license and
2
annual report of the crematory authority required to be filed
3
under this Section, shall be subject to inspection by the
4
Comptroller
upon reasonable notice
.
5

(g) The Comptroller may inspect crematory records
and
6
premises
at the crematory authority's place of business to
7
review the licensee's compliance with this Act. The
8
Comptroller may charge a $100 fee for the inspection of the
9
licensee. The inspection must include verification that:
10

(1) the crematory authority has complied with
11

record-keeping requirements of this Act;
12

(2) a crematory device operator's certification of
13

training and the required continuing education
14

certification are conspicuously displayed at the
15

crematory;
16

(3) the cremation device has a current operating
17

permit issued by the Illinois Environmental Protection
18

Agency and the permit is conspicuously displayed in the
19

crematory;
20

(4) the crematory authority is in compliance with
21

local zoning requirements;
22

(5) the crematory authority license issued by the
23

Comptroller is conspicuously displayed at the crematory;
24

and
25

(6) other details as determined by rule.
26

(h) The Comptroller shall issue licenses under this Act to

HB4695 Enrolled
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1
the crematories that are registered with the Comptroller as of
2
on March 1, 2012 without requiring the previously registered
3
crematories to complete license applications.
4

(i) Every license issued under this Act shall be renewed
5
every 5 years for a renewal fee of $100 to be sent to the
6
Comptroller. The renewal fee shall be deposited into the
7
Comptroller's Administrative Fund. The Comptroller, upon the
8
request of an interested person, or on his or her own motion,
9
may issue new licenses to a licensee whose license or licenses
10
have been revoked, if no factor or condition exists that would
11
have warranted the Comptroller to refuse the issuance of the
12
license.
13

(j) Each crematory authority shall implement a standard
14
operating procedure that is appropriate for the crematory
15
authority and not made uniform through rules and provide a
16
copy to all employees.
17

(k) Each crematory authority shall implement a medical
18
waste management plan that is appropriate for the crematory
19
authority and not made uniform through rules.

20
(Source: P.A. 103-253, eff. 6-30-23.)

21

(410 ILCS 18/11)
22

(Section scheduled to be repealed on January 1, 2029)
23

Sec. 11.
Grounds for denial or discipline.
24

(a) In this Section, "applicant" means a person who has
25
applied for a license under this Act including those persons

HB4695 Enrolled
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LRB104 20396 JRC 33857 b
1
whose names are listed on a license application in Section 10
2
of this Act.
3

(b) The Comptroller may refuse to issue a license, place
4
on probation, reprimand, or take other disciplinary action
5
that the Comptroller may deem appropriate, including imposing
6
fines not to exceed
$10,000

$5,000
for each violation, with
7
regard to any license under this Act, or may suspend or revoke
8
a license issued under this Act, on any of the following
9
grounds:
10

(1) The applicant or licensee has made any
11

misrepresentation or false statement or concealed any
12

material fact in furnishing information to the
13

Comptroller.
14

(2) The applicant or licensee has been engaged in
15

business practices that work a fraud.
16

(3) The applicant or licensee has refused to give
17

information required under this Act to be disclosed to the
18

Comptroller or failing, within 30 days, to provide
19

information in response to a written request made by the
20

Comptroller.
21

(4) Engaging in dishonorable, unethical, or
22

unprofessional conduct of a character likely to deceive,
23

defraud, or harm the public.
24

(5) As to any individual listed in the license
25

application as required under Section 10, that individual
26

has conducted or is about to conduct any cremation

HB4695 Enrolled
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LRB104 20396 JRC 33857 b
1

business on behalf of the applicant in a fraudulent manner
2

or has been convicted of any felony or misdemeanor an
3

essential element of which is fraud.
4

(6) The applicant or licensee has failed to make the
5

annual report required by this Act or to comply with a
6

final order, decision, or finding of the Comptroller made
7

under this Act.
8

(7) The applicant or licensee, including any member,
9

officer, or director of the applicant or licensee if the
10

applicant or licensee is a firm, partnership, association,
11

or corporation and including any shareholder holding more
12

than 25% of the corporate stock of the applicant or
13

licensee, has violated any provision of this Act or any
14

regulation or order made by the Comptroller under this
15

Act.
16

(8) The Comptroller finds any fact or condition
17

existing that, if it had existed at the time of the
18

original application for a license under this Act, would
19

have warranted the Comptroller in refusing the issuance of
20

the license.
21

(9) Any violation of this Act or of the rules adopted
22

under this Act.
23

(10) Incompetence.
24

(11) Gross malpractice.
25

(12) Discipline by another state, District of
26

Columbia, territory, or foreign nation, if at least one of

HB4695 Enrolled
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LRB104 20396 JRC 33857 b
1

the grounds for the discipline is the same or
2

substantially equivalent to those set forth in this
3

Section.
4

(13) Directly or indirectly giving to or receiving
5

from any person, firm, corporation, partnership, or
6

association any fee, commission, rebate, or other form of
7

compensation for professional services not actually or
8

personally rendered.
9

(14) A finding by the Comptroller that the licensee,
10

after having its license placed on probationary status,
11

has violated the terms of probation.
12

(15) Willfully making or filing false records or
13

reports, including, but not limited to, false records
14

filed with State agencies or departments.
15

(16) Gross, willful, or continued overcharging for
16

professional services, including filing false statements
17

for collection of fees for which services are not
18

rendered.
19

(17) Practicing under a false or, except as provided
20

by law, an assumed name.
21

(18) Cheating on or attempting to subvert this Act's
22

licensing application process.
23
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12
.)

24

(410 ILCS 18/11.5)
25

(Section scheduled to be repealed on January 1, 2029)

HB4695 Enrolled
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LRB104 20396 JRC 33857 b
1

Sec. 11.5.
License revocation or suspension; surrender of
2
license.
3

(a) (Blank).
4

(b) Upon the revocation or suspension of a license issued
5
under this Act, the licensee must immediately surrender the
6
license to the Comptroller. If the licensee fails to do so, the
7
Comptroller may seize the license.
8

(c) Upon the revocation or suspension, the Comptroller
9
shall notify the county coroner or medical examiner
10
responsible for the area where the crematory is located to
11
immediately make arrangements to take possession of bodies and
12
cremated remains and arrange for final disposition of any
13
decedents in the suspended licensee's possession after
14
consulting and in accordance with the wishes of the
15
authorizing agents for those bodies. If no authorizing agent
16
can be contacted, the county coroner or medical examiner shall
17
take possession of bodies and cremated remains within 72 hours
18
of notification from the Comptroller and continue efforts to
19
contact the authorizing agents.

20
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12
.)

21

(410 ILCS 18/25)
22

(Section scheduled to be repealed on January 1, 2029)
23

Sec. 25.
Recordkeeping.
24

(a) The crematory authority shall furnish to the person
25
who delivers human remains to the crematory authority a

HB4695 Enrolled
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LRB104 20396 JRC 33857 b
1
receipt signed, in either paper or electronic format, at the
2
time of delivery by both the crematory authority and the
3
person who delivers the human remains, showing the date and
4
time of the delivery, the type of casket or alternative
5
container that was delivered, the name of the person from whom
6
the human remains were received and the name of the funeral
7
establishment or other entity with whom the person is
8
affiliated, the name of the person who received the human
9
remains on behalf of the crematory authority, and the name of
10
the decedent. The crematory shall retain a copy of this
11
receipt in its permanent records.
12

(b) Upon its release of cremated remains, the crematory
13
authority shall furnish to the person who receives the
14
cremated remains from the crematory authority a receipt
15
signed, in either paper or electronic format, by both the
16
crematory authority and the person who receives the cremated
17
remains, showing the date and time of the release, the name of
18
the person to whom the cremated remains were released and the
19
name of the funeral establishment, cemetery, or other entity
20
with whom the person is affiliated, the name of the person who
21
released the cremated remains on behalf of the crematory
22
authority, and the name of the decedent. The crematory shall
23
retain a copy of this receipt in its permanent records.
24

(c) A crematory authority shall maintain at its place of
25
business a permanent record of each cremation that took place
26
at its facility which shall contain the name of the decedent,

HB4695 Enrolled
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LRB104 20396 JRC 33857 b
1
the date of the cremation, and the final disposition of the
2
cremated remains
if known, and if not, the date the cremated
3
remains were returned to the authorizing agent or otherwise
4
disposed in accordance with Section 40
.
5

(d) The crematory authority shall maintain a record of all
6
cremated remains disposed of by the crematory authority in
7
accordance with subsection (d) of Section 40.
8

(e) Upon completion of the cremation, the crematory
9
authority shall file the burial transit permit as required by
10
the Illinois Vital Records Act and rules adopted under that
11
Act and the Illinois Counties Code, and transmit a photocopy
12
of the burial transit permit along with the cremated remains
13
to whoever receives the cremated remains from the authorizing
14
agent unless the cremated remains are to be interred,
15
entombed, inurned, or placed in a scattering area, in which
16
case the crematory authority shall retain a copy of the burial
17
transit permit and shall send the permit, along with the
18
cremated remains, to the cemetery, which shall file the permit
19
with the designated agency after the interment, entombment,
20
inurnment, or scattering has taken place.
21

(f) All cemeteries shall maintain a record of all cremated
22
remains that are disposed of on their property, provided that
23
the cremated remains were properly transferred to the cemetery
24
and the cemetery issued a receipt acknowledging the transfer
25
of the cremated remains.
26
(Source: P.A. 102-824, eff. 1-1-23
.)

HB4695 Enrolled
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LRB104 20396 JRC 33857 b
1

(410 ILCS 18/35)
2

(Section scheduled to be repealed on January 1, 2029)
3

Sec. 35.
Cremation procedures.
4

(a) Human remains shall not be cremated within 24 hours
5
after the time of death, as indicated on the Medical
6
Examiner's/Coroner's Certificate of Death. In any death, the
7
human remains shall not be cremated by the crematory authority
8
until a cremation permit has been received from the coroner or
9
medical examiner of the county in which the death occurred and
10
the crematory authority has received a cremation authorization
11
form, executed by an authorizing agent, in accordance with the
12
provisions of Section 15 of this Act. In no instance, however,
13
shall the lapse of time between the death and the cremation be
14
less than 24 hours, unless (i) it is known the deceased has an
15
infectious or dangerous disease and that the time requirement
16
is waived in writing by the medical examiner or coroner where
17
the death occurred or (ii) because of a religious requirement.
18

(b) Except as set forth in subsection (a) of this Section,
19
a crematory authority shall have the right to schedule the
20
actual cremation to be performed at its own convenience, at
21
any time after the human remains have been delivered to the
22
crematory authority, unless the crematory authority has
23
received specific instructions to the contrary on the
24
cremation authorization form.
If human remains have not been
25
cremated within 30 days after the date of delivery to the

HB4695 Enrolled
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LRB104 20396 JRC 33857 b
1
crematory, and absent direction from a law enforcement agency
2
to hold the remains, the crematory authority shall provide
3
notice to the Comptroller's office and the coroner or medical
4
examiner in the county in which the death occurred as to why
5
the cremation cannot be performed. This 30-day notice
6
requirement may not be construed as a legal standard of
7
reasonableness for the timeliness of a cremation.

8

(c) No crematory authority shall cremate human remains
9
when it has actual knowledge that human remains contain a
10
pacemaker or any other material or implant that may be
11
potentially hazardous to the person performing the cremation.
12
Pacemakers do not need to be removed in alkaline hydrolysis
13
if: (1) the involved funeral director has received advance
14
written notice from the crematory authority that its alkaline
15
hydrolysis vessel has been certified by the manufacturer to
16
work safely on human remains that contain pacemakers; and (2)
17
the involved funeral director has received advance written
18
confirmation that the aqueous solution that results from the
19
alkaline hydrolysis of a pacemaker satisfies all federal and
20
State hazardous waste rules and meets all publicly owned
21
treatment works pretreatment standards upon being discharged
22
into the sanitary sewer system.

23

(d) No crematory authority shall refuse to accept human
24
remains for cremation because such human remains are not
25
embalmed.
26

(e) Whenever a crematory authority is unable or

HB4695 Enrolled
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LRB104 20396 JRC 33857 b
1
unauthorized to cremate human remains immediately upon taking
2
custody of the remains, the crematory authority shall place
3
the human remains in a holding facility in accordance with the
4
crematory authority's rules and regulations. The crematory
5
authority must notify the authorizing agent of the reasons for
6
delay in cremation if a properly authorized cremation is not
7
performed within any time period expressly contemplated in the
8
authorization.
9

(f) A crematory authority shall not accept a casket or
10
alternative container from which there is any evidence of the
11
leakage of body fluids.
12

(g) The casket or the alternative container shall be
13
cremated with the human remains or destroyed, unless the
14
crematory authority has notified the authorizing agent to the
15
contrary on the cremation authorization form and obtained the
16
written consent of the authorizing agent.
17

(h) The simultaneous cremation of the human remains of
18
more than one person within the same cremation chamber,
19
without the prior written consent of the authorizing agent, is
20
prohibited except for common cremation pursuant to Section
21
11.4 of the Hospital Licensing Act. Nothing in this
22
subsection, however, shall prevent the simultaneous cremation
23
within the same cremation chamber of body parts delivered to
24
the crematory authority from multiple sources, or the use of
25
cremation equipment that contains more than one cremation
26
chamber.

HB4695 Enrolled
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LRB104 20396 JRC 33857 b
1

(i) No unauthorized person shall be permitted in the
2
holding facility or cremation room while any human remains are
3
being held there awaiting cremation, being cremated, or being
4
removed from the cremation chamber.
5

(j) A crematory authority shall not remove any dental
6
gold, body parts, organs, or any item of value prior to or
7
subsequent to a cremation without previously having received
8
specific written authorization from the authorizing agent and
9
written instructions for the delivery of these items to the
10
authorizing agent. Under no circumstances shall a crematory
11
authority profit from making or assisting in any removal of
12
valuables.
13

(k) Upon the completion of each cremation, and insofar as
14
is practicable, all of the recoverable residue of the
15
cremation process shall be removed from the cremation chamber.
16

(l) If all of the recovered cremated remains will not fit
17
within the receptacle that has been selected, the remainder of
18
the cremated remains shall be returned to the authorizing
19
agent or the agent's designee in a separate container. The
20
crematory authority shall not return to an authorizing agent
21
or the agent's designee more or less cremated remains than
22
were removed from the cremation chamber.
23

(m) A crematory authority shall not knowingly represent to
24
an authorizing agent or the agent's designee that a temporary
25
container or urn contains the cremated remains of a specific
26
decedent when it does not.

HB4695 Enrolled
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LRB104 20396 JRC 33857 b
1

(n) Cremated remains shall be shipped only by a method
2
that has an internal tracing system available and that
3
provides a receipt signed, in either paper or electronic
4
format, by the person accepting delivery.
5

(o) A crematory authority shall maintain a chain of
6
custody record, which is an identification system that ensures
7
that a crematory authority is able to identify the human
8
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; 103-253, eff. 6-30-23;
18
103-907, eff. 1-1-25
.)

19

(410 ILCS 18/40)
20

(Section scheduled to be repealed on January 1, 2029)
21

Sec. 40.
Disposition of cremated remains.
22

(a) The authorizing agent shall be responsible for the
23
final disposition of the cremated remains.
24

(b) Cremated remains may be disposed of by placing them in
25
a grave, crypt, or niche, by scattering them in a scattering

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1
area as defined in this Act, or in any manner whatever on the
2
private property of a consenting owner. When a deceased
3
individual is a member of a religion where the tenets of their
4
faith require the scattering of that individual's cremated
5
remains in water, the deceased individual's cremated remains
6
may be scattered in an Illinois river without approval through
7
the Department of Natural Resources' permit process as long as
8
the scattering of the cremated remains is: (1) limited to one
9
deceased individual; (2) spread over an area large enough to
10
avoid leaving an identifiable accumulation of remains; (3) out
11
of sight of any public use areas, including, but not limited
12
to, roads, walkways, trails, picnic areas, campgrounds, and
13
parking lots; and (4) conducted in a manner in which no other
14
objects, including, but not limited to, any cremation
15
identification disc, body prosthesis, or artificial organ,
16
other than pulverized cremated remains, are scattered into a
17
river. Nothing in this subsection (b) grants an individual
18
authority to trespass on private property.
19

(c) Upon the completion of the cremation process, and
20
except as provided for in item (I) of paragraph (1) of
21
subsection (a) of Section 20, if the crematory authority has
22
not been instructed to arrange for the interment, entombment,
23
inurnment, or scattering of the cremated remains, the
24
crematory authority shall deliver the cremated remains to the
25
individual specified on the cremation authorization form, or
26
if no individual is specified then to the authorizing agent.

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The delivery may be made in person or by registered mail. Upon
2
receipt of the cremated remains, the individual receiving them
3
may transport them in any manner in this State without a
4
permit, and may dispose of them in accordance with this
5
Section. After delivery, the crematory authority shall be
6
discharged from any legal obligation or liability concerning
7
the cremated remains.
8

(d) If, after a period of 60 days from the date of the
9
cremation, the authorizing agent or the agent's designee has
10
not instructed the crematory authority to arrange for the
11
final disposition of the cremated remains or claimed the
12
cremated remains, the crematory authority may dispose of the
13
cremated remains in any manner permitted by this Section. The
14
crematory authority, however, shall keep a permanent record
15
identifying the site of final disposition. The authorizing
16
agent shall be responsible for reimbursing the crematory
17
authority for all reasonable expenses incurred in disposing of
18
the cremated remains. Upon disposing of the cremated remains,
19
the crematory authority shall be discharged from any legal
20
obligation or liability concerning the cremated remains. Any
21
person who was in possession of cremated remains prior to the
22
effective date of this Act may dispose of them in accordance
23
with this Section.
24

(e) Except with the express written permission of the
25
authorizing agent, no person shall:
26

(1) Dispose of cremated remains in a manner or in a

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1

location so that the cremated remains are commingled with
2

those of another person. This prohibition shall not apply
3

to the scattering of cremated remains at sea, by air, or in
4

an area located in a dedicated cemetery and used
5

exclusively for those purposes.
6

(2) Place cremated remains of more than one person in
7

the same temporary container or urn.
8

(f) Cremated remains must be stored in a place free from
9
exposure to the elements and be responsibly maintained until
10
disposal.

11
(Source: P.A. 104-124, eff. 1-1-26
.)

12

(410 ILCS 18/50)
13

(Section scheduled to be repealed on January 1, 2029)
14

Sec. 50.
Pacemakers and hazardous implants.
If an
15
authorizing agent informs the funeral director and the
16
cremation authority on the cremation authorization form of the
17
presence of a pacemaker in the human remains, then the funeral
18
director shall be responsible for ensuring that all necessary
19
steps have been taken to remove the pacemaker before
20
delivering the human remains to the crematory. Should the
21
funeral director who delivers the human remains to the
22
crematory fail to ensure that the pacemaker has been removed
23
from the human remains prior to delivery, and should the human
24
remains be cremated with the pacemaker, then the funeral
25
director who delivered the human remains to the crematory and

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1
anyone else covered by this Section shall be liable for all
2
resulting damages.
Pacemakers do not need to be removed in
3
alkaline hydrolysis if: (1) the involved funeral director has
4
received advance written notice from the crematory authority
5
that its alkaline hydrolysis vessel has been certified by the
6
manufacturer to work safely on human remains that contain
7
pacemakers; and (2) the involved funeral director has received
8
advance written confirmation that the aqueous solution that
9
results from the alkaline hydrolysis of a pacemaker satisfies
10
all federal and State hazardous waste rules and meets all
11
publicly owned treatment works pretreatment standards upon
12
being discharged into the sanitary sewer system.

13
(Source: P.A. 87-1187
.)

14

(410 ILCS 18/55)
15

(Section scheduled to be repealed on January 1, 2029)
16

Sec. 55.
Penalties.
Violations of this Act shall be
17
punishable as follows:
18

(1) Performing a cremation without receipt of a
19

cremation authorization form signed, in either paper or
20

electronic format, by an authorizing agent shall be a
21

Class 4 felony.
22

(2) Signing, in either paper or electronic format, a
23

cremation authorization form with the actual knowledge
24

that the form contains false or incorrect information
25

shall be a Class 4 felony.

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(3) A Violation of any cremation procedure set forth
2

in Section 35 shall be a Class 4 felony.
3

(4) Holding oneself out to the public as a crematory
4

authority, or the operation of a building or structure
5

within this State as a crematory, without being licensed
6

under this Act, shall be a Class A misdemeanor.
7

(4.5) Performance of a cremation service by a person
8

who has not completed a training program as defined in
9

Section 22 of this Act shall be a Class A misdemeanor.
10

(4.10) Any person who intentionally violates a
11

provision of this Act or a final order of the Comptroller
12

is liable for a civil penalty not to exceed
$10,000

$5,000

13

per violation.
14

(4.15) Any person who knowingly acts without proper
15

legal authority and who willfully and knowingly destroys
16

or damages the remains of a deceased human being or who
17

desecrates human remains is guilty of a Class 3 felony.
18

(5) A violation of any other provision of this Act
19

shall be a Class B misdemeanor.
20
(Source: P.A. 102-824, eff. 1-1-23
.)

21

(410 ILCS 18/65)
22

(Section scheduled to be repealed on January 1, 2029)
23

Sec. 65.
Pre-need cremation arrangements.
24

(a) Any person, or anyone who has legal authority to act on
25
behalf of a person, on a pre-need basis, may authorize his or

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1
her own cremation and the final disposition of his or her
2
cremated remains by executing, as the authorizing agent, a
3
cremation authorization form on a pre-need basis. A copy of
4
this form shall be provided to the person. Any person shall
5
have the right to transfer or cancel this authorization at any
6
time prior to death by destroying the executed cremation
7
authorization form and providing written notice to the
8
crematory authority.
9

(b) Any cremation authorization form that is being
10
executed by an individual as his or her own authorizing agent
11
on a pre-need basis shall contain the following disclosure,
12
which shall be completed by the authorizing agent:
13

"( ) I do not wish to allow any of my survivors the option
14

of cancelling my cremation and selecting alternative
15

arrangements, regardless of whether my survivors deem
16

a change to be appropriate.
17

( ) I wish to allow only the survivors whom I have
18

designated below the option of cancelling my cremation
19

and selecting alternative arrangements, if they deem a
20

change to be appropriate:............"
21

(c) Except as provided in subsection (b) of this Section,
22
at the time of the death of a person who has executed, as the
23
authorizing agent, a cremation authorization form on a
24
pre-need basis, any person in possession of an executed form
25
and any person charged with making arrangements for the final
26
disposition of the decedent who has knowledge of the existence

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1
of an executed form, shall use their best efforts to ensure
2
that the decedent is cremated and that the final disposition
3
of the cremated remains is in accordance with the instructions
4
contained on the cremation authorization form. If a crematory
5
authority (i) is in possession of a completed cremation
6
authorization form that was executed on a pre-need basis, (ii)
7
is in possession of the designated human remains, and (iii)
8
has received payment for the cremation of the human remains
9
and the final disposition of the cremated remains
, if not to be
10
returned to the authorized agent,
or is otherwise assured of
11
payment, then the crematory authority shall be required to
12
cremate the human remains and dispose of the cremated remains
13
according to the instructions contained on the cremation
14
authorization form, and may do so without any liability.
15

(d) Any pre-need contract sold by, or pre-need
16
arrangements made with, a cemetery, funeral establishment,
17
crematory authority, or any other party that includes a
18
cremation shall specify the final disposition of the cremated
19
remains
or instruction to return the cremated remains to the
20
authorizing agent
, in accordance with Section 40. In the event
21
that no different or inconsistent instructions are provided to
22
the crematory authority by the authorizing agent at the time
23
of death, the crematory authority shall be authorized to
24
release or dispose of the cremated remains as indicated in the
25
pre-need agreement. Upon compliance with the terms of the
26
pre-need agreement, the crematory authority shall be

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1
discharged from any legal obligation concerning the cremated
2
remains. The pre-need agreement shall be kept as a permanent
3
record by the crematory authority.
4

(e) This Section shall not apply to any cremation
5
authorization form or pre-need contract executed prior to the
6
effective date of this Act. Any cemetery, funeral
7
establishment, crematory authority, or other party, however,
8
with the written approval of the authorizing agent or person
9
who executed the pre-need contract, may designate that the
10
cremation authorization form or pre-need contract shall be
11
subject to this Act.
12
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12
.)

13

(410 ILCS 18/91)
14

(Section scheduled to be repealed on January 1, 2029)
15

Sec. 91.
Civil action and civil penalties.
In addition to
16
the other penalties and remedies provided in this Act, the
17
Comptroller may bring a civil action in the county of
18
residence of the licensee or any other person to enjoin any
19
violation or threatened violation of this Act. In addition to
20
any other penalty provided by law, any person who violates
21
this Act shall forfeit and pay a civil penalty to the
22
Comptroller in an amount not to exceed
$10,000

$5,000
for each
23
violation as determined by the Comptroller. The civil penalty
24
shall be assessed by the Comptroller in accordance with the
25
provisions of this Act.

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1

Any civil penalty shall be paid within 60 days after the
2
effective date of the order imposing the civil penalty. The
3
order shall constitute a judgment and may be filed and
4
execution had thereon in the same manner as any judgment from
5
any court of record. All moneys collected under this Section
6
shall be deposited with the Comptroller.
7
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12
.)

8

(410 ILCS 18/94)
9

(Section scheduled to be repealed on January 1, 2029)
10

Sec. 94.
Summary suspension of a license.
The Comptroller
11
may summarily suspend a license of a licensed crematory
12
without a hearing,
within 14 days of

simultaneously with
the
13
institution of proceedings for a hearing provided for in this
14
Act, if the Comptroller finds that evidence in the
15
Comptroller's possession indicates that the licensee's
16
continued practice would constitute an imminent danger to the
17
public.
A summary suspension under this Section is not
18
effective until the licensee is notified in writing of the
19
suspension and of the violations of this Act that necessitated
20
the suspension and informed that a notice of hearing will be
21
issued within 14 days.
In the event that the Comptroller
22
summarily suspends the license of a licensed crematory without
23
a hearing, a hearing must be commenced within 30 days after the
24
suspension has occurred and concluded as expeditiously as
25
practical. In the event of a summary suspension,
the

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1
Comptroller shall notify the county coroner or medical
2
examiner responsible for the area where the crematory is
3
located to immediately make arrangements to take possession of
4
bodies and cremated remains and arrange for final disposition
5
of any decedents in the suspended licensee's possession after
6
consulting and in accordance with the wishes of the
7
authorizing agents for those bodies. If no authorizing agent
8
can be contacted, the county coroner or medical examiner shall
9
take possession of bodies and cremated remains within 72 hours
10
of notification from the Comptroller and continue efforts to
11
contact the authorizing agents.

the county coroner or medical
12
examiner responsible for the area where the crematory is
13
located shall make arrangements to dispose of any bodies in
14
the suspended licensee's possession after consulting with the
15
authorizing agents for those bodies.
16
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12
.)

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