Bill Amendment: IL HB4695 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CREMATORY-CEMETERY REGULATION

Status: 2026-06-26 - Public Act . . . . . . . . . 104-0501 [HB4695 Detail]

Download: Illinois-2025-HB4695-House_Amendment_001.html

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Rep. Anthony DeLuca

Filed: 4/6/2026

 

 

 

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AMENDMENT TO HOUSE BILL 4695
AMENDMENT NO. ______. Amend House Bill 4695 by replacing
everything after the enacting clause with the following:
"Section 5. The Crematory Regulation Act is amended by
changing Sections 5, 7, 10, 11, 11.5, 20, 25, 35, 40, 50, 55,
65, 91, and 94 as follows:
(410 ILCS 18/5)
(Section scheduled to be repealed on January 1, 2029)
Sec. 5. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Comptroller in the applicant's or licensee's
application file or license file. It is the duty of the
applicant or licensee to inform the Comptroller of any change
of address within 14 days, and such changes must be made either
through the Comptroller's website or by contacting the
Comptroller. The address of record shall be the permanent

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street address of the crematory.
"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 or consumable 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. "Authorizing agent" includes an institution of
medical, mortuary, or other sciences as provided in Section 20
of the Disposition of Remains of the Indigent Act.
"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,

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metal, or like material and ornamented and lined with fabric,
and may or may not be combustible.
"Chain of custody record" means a record that establishes
the continuous control of the deceased's body, body parts, or
human remains.
"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, or alkaline hydrolysis that reduces human remains to
bone fragments. The reduction takes place through heat and
evaporation or through hydrolysis. 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

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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 which is
licensed by the Comptroller to operate a crematory and to
perform cremations.
"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.

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"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.
"Licensee" means an entity licensed under this Act. An
entity that holds itself as a licensee or that is accused of
unlicensed practice is considered a licensee for purposes of
enforcement, investigation, hearings, and the Illinois
Administrative Procedure Act.
"Niche" means a compartment or cubicle for the
memorialization and permanent placement of an urn containing
cremated remains.
"Person" means any person, partnership, association,
corporation, limited liability company, or other entity, and
in the case of any such business organization, its officers,
partners, members, or shareholders possessing 25% or more of
ownership of the entity.
"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 or
property used for outdoor recreation or natural resource
conservation owned by the Department of Natural Resources and

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designated as a scattering area, where cremated remains, which
have been removed from their container, can be mixed with, or
placed on top of, the soil, ground cover, or, in limited
scenarios that comply with the requirements under subsection
(b) of Section 40, water.
"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.
"Uniquely identified" means providing the deceased with
individualized identification.
"Urn" means a receptacle designed to encase the cremated
remains.
(Source: P.A. 103-907, eff. 1-1-25; 104-124, eff. 1-1-26.)
(410 ILCS 18/7)
(Section scheduled to be repealed on January 1, 2029)
Sec. 7. Powers and duties of the Comptroller. Subject to
the provisions of this Act, the Comptroller may exercise any
of the following powers and duties:
(1) Authorize standards to ascertain the
qualifications and fitness of applicants for licensing as
licensed crematory authorities and pass upon the

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qualifications of applicants for licensure.
(2) Examine, investigate, and audit a licensed
crematory authority's records, crematory, or any other
aspects of crematory operation as the Comptroller deems
appropriate.
(3) Investigate any and all unlicensed activity.
(4) Conduct hearings on proceedings to refuse to issue
licenses or to revoke, suspend, place on probation,
reprimand, or otherwise discipline licensees and to refuse
to issue licenses or to revoke, suspend, place on
probation, reprimand, or otherwise discipline licensees.
(5) Formulate rules required for the administration of
this Act.
(6) Maintain rosters of the names and addresses of all
licensees, and all entities whose licenses have been
suspended, revoked, or otherwise disciplined. These
rosters shall be available upon written request and
payment of the required fee.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
(410 ILCS 18/10)
(Section scheduled to be repealed on January 1, 2029)
Sec. 10. Establishment of crematory and licensing of
crematory authority.
(a) Any person doing business in this State, or any
cemetery, funeral establishment, corporation, partnership,

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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 of Financial and Professional Regulation, the
Department of Public Health, 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 as a crematory authority
shall be in writing on forms furnished by the Comptroller.
Applications shall be accompanied by a fee of $100 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 25% or more of

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ownership of the entity 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.
(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, (iv) either (A) any
changes required in the information provided under subsection
(d) or (B) an indication that no changes have occurred, and (v)
any other information that the Comptroller may require. The
annual report shall be filed by a crematory authority on or
before March 15 of each calendar year. 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.

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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. The $25 annual report fee shall be deposited
in the Comptroller's Administrative Fund.
(f) All records required to be maintained under this Act,
including but not limited to those relating to the license 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 and
premises at the crematory authority's place of business to
review the licensee's compliance with this Act. The
Comptroller may charge a $100 fee for the inspection of the
licensee. 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 and the required continuing education
certification are conspicuously displayed at the
crematory;
(3) the cremation device has a current operating
permit issued by the Illinois Environmental Protection

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Agency and the permit is conspicuously displayed in the
crematory;
(4) the crematory authority is in compliance with
local zoning requirements;
(5) the crematory authority license issued by the
Comptroller is conspicuously displayed at the crematory;
and
(6) other details as determined by rule.
(h) The Comptroller shall issue licenses under this Act to
the crematories that are registered with the Comptroller as of
on March 1, 2012 without requiring the previously registered
crematories to complete license applications.
(i) Every license issued under this Act shall be renewed
every 5 years for a renewal fee of $100 to be sent to the
Comptroller. The renewal fee shall be deposited into the
Comptroller's Administrative Fund. The Comptroller, upon the
request of an interested person, or on his or her own motion,
may issue new licenses to a licensee whose license or licenses
have been revoked, if no factor or condition exists that would
have warranted the Comptroller to refuse the issuance of the
license.
(j) Each crematory authority shall implement a standard
operating procedure that is appropriate for the crematory
authority and not made uniform through rules and provide a
copy to all employees.
(k) Each crematory authority shall implement a medical

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waste management plan that is appropriate for the crematory
authority and not made uniform through rules.
(Source: P.A. 103-253, eff. 6-30-23.)
(410 ILCS 18/11)
(Section scheduled to be repealed on January 1, 2029)
Sec. 11. Grounds for denial or discipline.
(a) In this Section, "applicant" means a person who has
applied for a license under this Act including those persons
whose names are listed on a license application in Section 10
of this Act.
(b) The Comptroller may refuse to issue a license, place
on probation, reprimand, or take other disciplinary action
that the Comptroller may deem appropriate, including imposing
fines not to exceed $10,000 $5,000 for each violation, with
regard to any 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 furnishing information to the
Comptroller.
(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

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Comptroller or failing, within 30 days, to provide
information in response to a written request made by the
Comptroller.
(4) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(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

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original application for a license under this Act, would
have warranted the Comptroller in refusing the issuance of
the license.
(9) Any violation of this Act or of the rules adopted
under this Act.
(10) Incompetence.
(11) Gross malpractice.
(12) Discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or
substantially equivalent to those set forth in this
Section.
(13) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for professional services not actually or
personally rendered.
(14) A finding by the Comptroller that the licensee,
after having its license placed on probationary status,
has violated the terms of probation.
(15) Willfully making or filing false records or
reports, including, but not limited to, false records
filed with State agencies or departments.
(16) Gross, willful, or continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not

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rendered.
(17) Practicing under a false or, except as provided
by law, an assumed name.
(18) Cheating on or attempting to subvert this Act's
licensing application process.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
(410 ILCS 18/11.5)
(Section scheduled to be repealed on January 1, 2029)
Sec. 11.5. License revocation or suspension; surrender of
license.
(a) (Blank).
(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.
(c) Upon the revocation or suspension, the Comptroller
shall notify the county coroner or medical examiner
responsible for the area where the crematory is located to
immediately make arrangements to take possession of bodies and
cremated remains and arrange for final disposition of any
decedents in the suspended licensee's possession after
consulting and in accordance with the wishes of the
authorizing agents for those bodies. If no authorizing agent
can be contacted, the county coroner or medical examiner shall
take possession of bodies and cremated remains within 72 hours

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of notification from the Comptroller and continue efforts to
contact the authorizing agents.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
(410 ILCS 18/20)
(Section scheduled to be repealed on January 1, 2029)
Sec. 20. Authorization to cremate.
(a) A crematory authority shall not cremate human remains
until it has received all of the following:
(1) A cremation authorization form signed, in either
paper or electronic format, by an authorizing agent. The
cremation authorization form shall be provided by the
crematory authority and shall contain, at a minimum, the
following information:
(A) The identity of the human remains and the time
and date of death.
(B) The name of the funeral director and funeral
establishment, if applicable, that obtained the
cremation authorization.
(C) Notification as to whether the death occurred
from a disease declared by the Department of Health to
be infectious, contagious, communicable, or dangerous
to the public health.
(D) The name of the authorizing agent and the
relationship between the authorizing agent and the
decedent.

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(E) A representation that the authorizing agent
does in fact have the right to authorize the cremation
of the decedent, and that the authorizing agent is not
aware of any living person who has a superior priority
right to that of the authorizing agent, as set forth in
Section 15. In the event there is another living
person who has a superior priority right to that of the
authorizing agent, the form shall contain a
representation that the authorizing agent has made all
reasonable efforts to contact that person, has been
unable to do so, and has no reason to believe that the
person would object to the cremation of the decedent.
(F) Authorization for the crematory authority to
cremate the human remains.
(G) A representation that the human remains do not
contain a pacemaker or any other material or implant
that may be potentially hazardous or cause damage to
the cremation chamber or the person performing the
cremation.
(H) The name of the person authorized to receive
the cremated remains from the crematory authority.
(I) The manner in which final disposition of the
cremated remains is to take place, if known. If the
cremation authorization form does not specify final
disposition in a grave, crypt, niche, or scattering
area, then the form may indicate that the cremated

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remains will be held by the crematory authority for 30
days before they are released, unless they are picked
up from the crematory authority prior to that time, in
person, by the authorizing agent. At the end of the 30
days the crematory authority may return the cremated
remains to the authorizing agent if no final
disposition arrangements are made; or at the end of 60
days the crematory authority may dispose of the
cremated remains in accordance with subsection (d) of
Section 40.
(J) A listing of any items of value to be delivered
to the crematory authority along with the human
remains, and instructions as to how the items should
be handled.
(K) A specific statement as to whether the
authorizing agent has made arrangements for any type
of viewing of the decedent before cremation, or for a
service with the decedent present before cremation in
connection with the cremation, and if so, the date and
time of the viewing or service and whether the
crematory authority is authorized to proceed with the
cremation upon receipt of the human remains.
(L) The signature, in either paper or electronic
format, of the authorizing agent, attesting to the
accuracy of all representations contained on the
cremation authorization form, except as set forth in

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paragraph (M) of this subsection.
(M) If a cremation authorization form is being
executed on a pre-need basis, the cremation
authorization form shall contain the disclosure
required by subsection (b) of Section 140.
(N) The cremation authorization form, other than
pre-need cremation forms, shall also be signed, in
either paper or electronic format, by a funeral
director or other representative of the funeral
establishment that obtained the cremation
authorization. That individual shall merely execute
the cremation authorization form as a witness and
shall not be responsible for any of the
representations made by the authorizing agent, unless
the individual has actual knowledge to the contrary.
The information requested by items (A), (B), (C) and
(G) of this subsection, however, shall be considered
to be representations of the authorizing agent. In
addition, the funeral director or funeral
establishment shall warrant to the crematory that the
human remains delivered to the crematory authority are
the human remains identified on the cremation
authorization form.
(2) A completed and executed burial transit permit
indicating that the human remains are to be cremated.
(3) Any other documentation required by this State.

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(b) If an authorizing agent is not available to execute a
cremation authorization form in person, that person may
delegate that authority to another person in writing, or by
sending the crematory authority a facsimile transmission that
contains the name, address, and relationship of the sender to
the decedent and the name and address of the individual to whom
authority is delegated. Upon receipt of the written document,
or facsimile transmission, telegram, or other electronic
telecommunications transmission which specifies the individual
to whom authority has been delegated, the crematory authority
shall allow this individual to serve as the authorizing agent
and to execute the cremation authorization form. The crematory
authority shall be entitled to rely upon the cremation
authorization form without liability.
(c) An authorizing agent who signs, in either paper or
electronic format, a cremation authorization form shall be
deemed to warrant the truthfulness of any facts set forth on
the cremation authorization form, including that person's
authority to order the cremation; except for the information
required by items (C) and (G) of paragraph (1) of subsection
(a) of this Section, unless the authorizing agent has actual
knowledge to the contrary. An authorizing agent signing, in
either paper or electronic format, a cremation authorization
form shall be personally and individually liable for all
damages occasioned by and resulting from authorizing the
cremation.

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(d) A crematory authority shall have authority to cremate
human remains upon the receipt of a cremation authorization
form signed, in either paper or electronic format, by an
authorizing agent. There shall be no liability for a crematory
authority that cremates human remains according to an
authorization, or that releases or disposes of the cremated
remains according to an authorization, except for a crematory
authority's gross negligence, provided that the crematory
authority performs its functions in compliance with this Act.
(e) After an authorizing agent has executed a cremation
authorization form, the authorizing agent may revoke the
authorization and instruct the crematory authority to cancel
the cremation and to release or deliver the human remains to
another crematory authority or funeral establishment. The
instructions shall be provided to the crematory authority in
writing. A crematory authority shall honor any instructions
given to it by an authorizing agent under this Section if it
receives the instructions prior to beginning the cremation of
the human remains.
(Source: P.A. 102-824, eff. 1-1-23.)
(410 ILCS 18/25)
(Section scheduled to be repealed on January 1, 2029)
Sec. 25. Recordkeeping.
(a) The crematory authority shall furnish to the person
who delivers human remains to the crematory authority a

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receipt signed, in either paper or electronic format, at the
time of delivery by both the crematory authority and the
person who delivers the human remains, showing the date and
time of the delivery, the type of casket or alternative
container that was delivered, the name of the person from whom
the human remains were received and the name of the funeral
establishment or other entity with whom the person is
affiliated, the name of the person who received the human
remains on behalf of the crematory authority, and the name of
the decedent. The crematory shall retain a copy of this
receipt in its permanent records.
(b) Upon its release of cremated remains, the crematory
authority shall furnish to the person who receives the
cremated remains from the crematory authority a receipt
signed, in either paper or electronic format, by both the
crematory authority and the person who receives the cremated
remains, showing the date and time of the release, the name of
the person to whom the cremated remains were released and the
name of the funeral establishment, cemetery, or other entity
with whom the person is affiliated, the name of the person who
released the cremated remains on behalf of the crematory
authority, and the name of the decedent. The crematory shall
retain a copy of this receipt in its permanent records.
(c) A crematory authority shall maintain at its place of
business a permanent record of each cremation that took place
at its facility which shall contain the name of the decedent,

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the date of the cremation, and the final disposition of the
cremated remains if known, and if not, the date the cremated
remains were returned to the authorizing agent or otherwise
disposed in accordance with Section 40.
(d) The crematory authority shall maintain a record of all
cremated remains disposed of by the crematory authority in
accordance with subsection (d) of Section 40.
(e) Upon completion of the cremation, the crematory
authority shall file the burial transit permit as required by
the Illinois Vital Records Act and rules adopted under that
Act and the Illinois Counties Code, and transmit a photocopy
of the burial transit permit along with the cremated remains
to whoever receives the cremated remains from the authorizing
agent unless the cremated remains are to be interred,
entombed, inurned, or placed in a scattering area, in which
case the crematory authority shall retain a copy of the burial
transit permit and shall send the permit, along with the
cremated remains, to the cemetery, which shall file the permit
with the designated agency after the interment, entombment,
inurnment, or scattering has taken place.
(f) All cemeteries shall maintain a record of all cremated
remains that are disposed of on their property, provided that
the cremated remains were properly transferred to the cemetery
and the cemetery issued a receipt acknowledging the transfer
of the cremated remains.
(Source: P.A. 102-824, eff. 1-1-23.)

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(410 ILCS 18/35)
(Section scheduled to be repealed on January 1, 2029)
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. If human remains have not been
cremated within 30 days after the date of delivery to the

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crematory, and absent direction from a law enforcement agency
to hold the remains, the crematory authority shall provide
notice to the Comptroller's office and the coroner or medical
examiner in the county in which the death occurred as to why
the cremation cannot be performed. This 30-day notice
requirement may not be construed as a legal standard of
reasonableness for the timeliness of a cremation.
(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.
Pacemakers do not need to be removed in alkaline hydrolysis
if: (1) the involved funeral director has received advance
written notice from the crematory authority that its alkaline
hydrolysis vessel has been certified by the manufacturer to
work safely on human remains that contain pacemakers; and (2)
the involved funeral director has received advance written
confirmation that the aqueous solution that results from the
alkaline hydrolysis of a pacemaker satisfies all federal and
State hazardous waste rules and meets all publicly owned
treatment works pretreatment standards upon being discharged
into the sanitary sewer system.
(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

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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 except for common cremation pursuant to Section
11.4 of the Hospital Licensing Act. 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.

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(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.

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(n) Cremated remains shall be shipped only by a method
that has an internal tracing system available and that
provides a receipt signed, in either paper or electronic
format, by the person accepting delivery.
(o) A crematory authority shall maintain a chain of
custody record, which is an identification system that ensures
that a crematory authority is able to identify the human
remains in its possession throughout all phases of the
cremation process.
(p) A crematory authority shall not take possession of
unembalmed human remains that cannot be cremated within 24
hours unless it provides or maintains either of the following
capable of maintaining a temperature of less than 40 degrees
Fahrenheit: an operable refrigeration unit, with cleanable,
noncorrosive interior and exterior finishes, or a suitable
cooling room.
(Source: P.A. 102-824, eff. 1-1-23; 103-253, eff. 6-30-23;
103-907, eff. 1-1-25.)
(410 ILCS 18/40)
(Section scheduled to be repealed on January 1, 2029)
Sec. 40. Disposition of cremated remains.
(a) The authorizing agent shall be responsible for the
final disposition of the cremated remains.
(b) Cremated remains may be disposed of by placing them in
a grave, crypt, or niche, by scattering them in a scattering

10400HB4695ham001 - 29 - LRB104 20396 JRC 36213 a
area as defined in this Act, or in any manner whatever on the
private property of a consenting owner. When a deceased
individual is a member of a religion where the tenets of their
faith require the scattering of that individual's cremated
remains in water, the deceased individual's cremated remains
may be scattered in an Illinois river without approval through
the Department of Natural Resources' permit process as long as
the scattering of the cremated remains is: (1) limited to one
deceased individual; (2) spread over an area large enough to
avoid leaving an identifiable accumulation of remains; (3) out
of sight of any public use areas, including, but not limited
to, roads, walkways, trails, picnic areas, campgrounds, and
parking lots; and (4) conducted in a manner in which no other
objects, including, but not limited to, any cremation
identification disc, body prosthesis, or artificial organ,
other than pulverized cremated remains, are scattered into a
river. Nothing in this subsection (b) grants an individual
authority to trespass on private property.
(c) Upon the completion of the cremation process, and
except as provided for in item (I) of paragraph (1) of
subsection (a) of Section 20, if the crematory authority has
not been instructed to arrange for the interment, entombment,
inurnment, or scattering of the cremated remains, the
crematory authority shall deliver the cremated remains to the
individual specified on the cremation authorization form, or
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
receipt of the cremated remains, the individual receiving them
may transport them in any manner in this State without a
permit, and may dispose of them in accordance with this
Section. After delivery, the crematory authority shall be
discharged from any legal obligation or liability concerning
the cremated remains.
(d) If, after a period of 60 days from the date of the
cremation, the authorizing agent or the agent's designee has
not instructed the crematory authority to arrange for the
final disposition of the cremated remains or claimed the
cremated remains, the crematory authority may dispose of the
cremated remains in any manner permitted by this Section. The
crematory authority, however, shall keep a permanent record
identifying the site of final disposition. The authorizing
agent shall be responsible for reimbursing the crematory
authority for all reasonable expenses incurred in disposing of
the cremated remains. Upon disposing of the cremated remains,
the crematory authority shall be discharged from any legal
obligation or liability concerning the cremated remains. Any
person who was in possession of cremated remains prior to the
effective date of this Act may dispose of them in accordance
with this Section.
(e) Except with the express written permission of the
authorizing agent, no person shall:
(1) Dispose of cremated remains in a manner or in a

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location so that the cremated remains are commingled with
those of another person. This prohibition shall not apply
to the scattering of cremated remains at sea, by air, or in
an area located in a dedicated cemetery and used
exclusively for those purposes.
(2) Place cremated remains of more than one person in
the same temporary container or urn.
(f) Cremated remains must be stored in a place free from
exposure to the elements and be responsibly maintained until
disposal.
(Source: P.A. 104-124, eff. 1-1-26.)
(410 ILCS 18/50)
(Section scheduled to be repealed on January 1, 2029)
Sec. 50. Pacemakers and hazardous implants. If an
authorizing agent informs the funeral director and the
cremation authority on the cremation authorization form of the
presence of a pacemaker in the human remains, then the funeral
director shall be responsible for ensuring that all necessary
steps have been taken to remove the pacemaker before
delivering the human remains to the crematory. Should the
funeral director who delivers the human remains to the
crematory fail to ensure that the pacemaker has been removed
from the human remains prior to delivery, and should the human
remains be cremated with the pacemaker, then the funeral
director who delivered the human remains to the crematory and

10400HB4695ham001 - 32 - LRB104 20396 JRC 36213 a
anyone else covered by this Section shall be liable for all
resulting damages. Pacemakers do not need to be removed in
alkaline hydrolysis if: (1) the involved funeral director has
received advance written notice from the crematory authority
that its alkaline hydrolysis vessel has been certified by the
manufacturer to work safely on human remains that contain
pacemakers; and (2) the involved funeral director has received
advance written confirmation that the aqueous solution that
results from the alkaline hydrolysis of a pacemaker satisfies
all federal and State hazardous waste rules and meets all
publicly owned treatment works pretreatment standards upon
being discharged into the sanitary sewer system.
(Source: P.A. 87-1187.)
(410 ILCS 18/55)
(Section scheduled to be repealed on January 1, 2029)
Sec. 55. Penalties. Violations of this Act shall be
punishable as follows:
(1) Performing a cremation without receipt of a
cremation authorization form signed, in either paper or
electronic format, by an authorizing agent shall be a
Class 4 felony.
(2) Signing, in either paper or electronic format, a
cremation authorization form with the actual knowledge
that the form contains false or incorrect information
shall be a Class 4 felony.

10400HB4695ham001 - 33 - LRB104 20396 JRC 36213 a
(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
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 $10,000 $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. 102-824, eff. 1-1-23.)
(410 ILCS 18/65)
(Section scheduled to be repealed on January 1, 2029)
Sec. 65. Pre-need cremation arrangements.
(a) Any person, or anyone who has legal authority to act on
behalf of a person, on a pre-need basis, may authorize his or

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her own cremation and the final disposition of his or her
cremated remains by executing, as the authorizing agent, a
cremation authorization form on a pre-need basis. A copy of
this form shall be provided to the person. Any person shall
have the right to transfer or cancel this authorization at any
time prior to death by destroying the executed cremation
authorization form and providing written notice to the
crematory authority.
(b) Any cremation authorization form that is being
executed by an individual as his or her own authorizing agent
on a pre-need basis shall contain the following disclosure,
which shall be completed by the authorizing agent:
"( ) I do not wish to allow any of my survivors the option
of cancelling my cremation and selecting alternative
arrangements, regardless of whether my survivors deem
a change to be appropriate.
( ) I wish to allow only the survivors whom I have
designated below the option of cancelling my cremation
and selecting alternative arrangements, if they deem a
change to be appropriate:............"
(c) Except as provided in subsection (b) of this Section,
at the time of the death of a person who has executed, as the
authorizing agent, a cremation authorization form on a
pre-need basis, any person in possession of an executed form
and any person charged with making arrangements for the final
disposition of the decedent who has knowledge of the existence

10400HB4695ham001 - 35 - LRB104 20396 JRC 36213 a
of an executed form, shall use their best efforts to ensure
that the decedent is cremated and that the final disposition
of the cremated remains is in accordance with the instructions
contained on the cremation authorization form. If a crematory
authority (i) is in possession of a completed cremation
authorization form that was executed on a pre-need basis, (ii)
is in possession of the designated human remains, and (iii)
has received payment for the cremation of the human remains
and the final disposition of the cremated remains, if not to be
returned to the authorized agent, or is otherwise assured of
payment, then the crematory authority shall be required to
cremate the human remains and dispose of the cremated remains
according to the instructions contained on the cremation
authorization form, and may do so without any liability.
(d) Any pre-need contract sold by, or pre-need
arrangements made with, a cemetery, funeral establishment,
crematory authority, or any other party that includes a
cremation shall specify the final disposition of the cremated
remains or instruction to return the cremated remains to the
authorizing agent, in accordance with Section 40. In the event
that no different or inconsistent instructions are provided to
the crematory authority by the authorizing agent at the time
of death, the crematory authority shall be authorized to
release or dispose of the cremated remains as indicated in the
pre-need agreement. Upon compliance with the terms of the
pre-need agreement, the crematory authority shall be

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discharged from any legal obligation concerning the cremated
remains. The pre-need agreement shall be kept as a permanent
record by the crematory authority.
(e) This Section shall not apply to any cremation
authorization form or pre-need contract executed prior to the
effective date of this Act. Any cemetery, funeral
establishment, crematory authority, or other party, however,
with the written approval of the authorizing agent or person
who executed the pre-need contract, may designate that the
cremation authorization form or pre-need contract shall be
subject to this Act.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
(410 ILCS 18/91)
(Section scheduled to be repealed on January 1, 2029)
Sec. 91. Civil action and civil penalties. In addition to
the other penalties and remedies provided in this Act, the
Comptroller may bring a civil action in the county of
residence of the licensee or any other person to enjoin any
violation or threatened violation of this Act. In addition to
any other penalty provided by law, any person who violates
this Act shall forfeit and pay a civil penalty to the
Comptroller in an amount not to exceed $10,000 $5,000 for each
violation as determined by the Comptroller. The civil penalty
shall be assessed by the Comptroller in accordance with the
provisions of this Act.

10400HB4695ham001 - 37 - LRB104 20396 JRC 36213 a
Any civil penalty shall be paid within 60 days after the
effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record. All moneys collected under this Section
shall be deposited with the Comptroller.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
(410 ILCS 18/94)
(Section scheduled to be repealed on January 1, 2029)
Sec. 94. Summary suspension of a license. The Comptroller
may summarily suspend a license of a licensed crematory
without a hearing, within 14 days of simultaneously with the
institution of proceedings for a hearing provided for in this
Act, if the Comptroller finds that evidence in the
Comptroller's possession indicates that the licensee's
continued practice would constitute an imminent danger to the
public. A summary suspension under this Section is not
effective until the licensee is notified in writing of the
suspension and of the violations of this Act that necessitated
the suspension and informed that a notice of hearing will be
issued within 14 days. In the event that the Comptroller
summarily suspends the license of a licensed crematory without
a hearing, a hearing must be commenced within 30 days after the
suspension has occurred and concluded as expeditiously as
practical. In the event of a summary suspension, the

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Comptroller shall notify the county coroner or medical
examiner responsible for the area where the crematory is
located to immediately make arrangements to take possession of
bodies and cremated remains and arrange for final disposition
of any decedents in the suspended licensee's possession after
consulting and in accordance with the wishes of the
authorizing agents for those bodies. If no authorizing agent
can be contacted, the county coroner or medical examiner shall
take possession of bodies and cremated remains within 72 hours
of notification from the Comptroller and continue efforts to
contact the authorizing agents. the county coroner or medical
examiner responsible for the area where the crematory is
located shall make arrangements to dispose of any bodies in
the suspended licensee's possession after consulting with the
authorizing agents for those bodies.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)".