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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts provisions of the bill with these changes. Restores definition of "alternative container" to current law. Provides the Comptroller may inspect crematory records and premises at the crematory authority's place of business to review a licensee's compliance with the Crematory Regulation Act. Provides that each crematory authority shall implement (1) a standard operating procedure that is appropriate for the crematory authority and not made uniform through rules and provide a copy to all employees; and (2) a medical waste management plan that is appropriate for the crematory authority and not made uniform through rules. Deletes as a ground for denial or discipline for an applicant or licensee who has failed to pay delinquent taxes and child support. Provides that if human remains have not been cremated within 30 days after the date of delivery to the 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 and that this 30-day notice requirement may not be construed as a legal standard of reasonableness for the timeliness of a cremation. Provides that any person who intentionally violates a provision of the Act or a final order of the Comptroller is liable for a civil penalty not to exceed $10,000 rather than $25,000. Provides that 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. Deletes changes to the Cemetery Care Act.

Sponsorship: Partisan Bill (Democrat 7)

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

Download: Illinois-2025-HB4695-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB4695 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
See Index
Amends the Crematory Regulation Act. Authorizes the Comptroller to issue citations or fines, or both, to licensees. Requires a cemetery authority to implement (i) a standard operating procedure and provide a copy to all employees; and (ii) a medical waste management plan. Authorizes the Comptroller to impose a fine not to exceed $10,000 for each violation under the Act. Allows the Comptroller to refuse to issue a license or take disciplinary action if the applicant or licensee has failed to pay delinquent taxes or child support. Requires the Comptroller, upon revocation or suspension of a license, to notify the county coroner or medical examiner who is 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 possession of the suspended licensee after consulting with the authorized agents for those bodies. Provides that if no authorized 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. Requires a crematory authority to perform a cremation no more than 60 days from the date the human remains have been delivered to it unless the crematory authority has received specific instructions to the contrary on its cremation authorization form. Requires the crematory authority to notify the Comptroller and the coroner or medical examiner in the county in which the death occurred as to why the cremation cannot be performed if it is not done within the 60-day period. Provides that pacemakers do not need to be removed in alkaline hydrolysis cremations. Requires that cremated remains must be stored in a place free from exposure to the elements and be responsibly maintained until disposal. Makes other changes. Amends the Cemetery Care Act. Provides that if a cemetery authority owning or operating a privately owned cemetery has accepted care funds and is considered abandoned or seeks dissolution, it allows, if no receiver is available, a circuit court to order a willing unit of local government to take over the cemetery. Makes other changes.
LRB104 20396 JRC 33857 b
A BILL FOR
HB4695 LRB104 20396 JRC 33857 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Crematory Regulation Act is amended by
changing Sections 5, 7, 10, 11, 11.5, 20, 22, 25, 35, 40, 50,
55, 62.10, 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
street address of the crematory.
"Alternative container" means a receptacle, other than a
casket, in which human remains are placed either at the place
of death or immediately after the delivery to the crematory
authority. 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

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combustible or consumable materials suitable for cremation or
disposal according to health and safety standards, (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 (iv) (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,
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

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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
urn.
"Cremation room" means the room in which the cremation
chamber is located.
"Crematory" means the building or portion of a building

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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.
"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

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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
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

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(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
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

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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.
(7) Issue citations or fines, or both, to licensees.
(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,
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

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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
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.

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(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.
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

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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 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
Agency and the permit is conspicuously displayed in the
crematory;
(4) the crematory authority is in compliance with

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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 and provide a copy to all employees.
(k) Each crematory authority shall implement a medical
waste management plan.
(Source: P.A. 103-253, eff. 6-30-23.)
(410 ILCS 18/11)
(Section scheduled to be repealed on January 1, 2029)

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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
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.

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(5) As to any individual listed in the license
application as required under Section 10, that individual
has conducted or is about to conduct any cremation
business on behalf of the applicant in a fraudulent manner
or has been convicted of any felony or misdemeanor an
essential element of which is fraud.
(6) The applicant or licensee has failed to make the
annual report required by this Act or to comply with a
final order, decision, or finding of the Comptroller made
under this Act.
(7) The applicant or licensee, including any member,
officer, or director of the applicant or licensee if the
applicant or licensee is a firm, partnership, association,
or corporation and including any shareholder holding more
than 25% of the corporate stock of the applicant or
licensee, has violated any provision of this Act or any
regulation or order made by the Comptroller under this
Act.
(8) The Comptroller finds any fact or condition
existing that, if it had existed at the time of the
original application for a license under this Act, would
have warranted the Comptroller in refusing the issuance of
the license.
(9) Any violation of this Act or of the rules adopted
under this Act.
(10) Incompetence.

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(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
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.
(19) Failure to pay delinquent taxes and child

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support.
(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 with 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.
(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)

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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.
(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

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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
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

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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
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

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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.
(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

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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.
(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

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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
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

HB4695 - 22 - LRB104 20396 JRC 33857 b
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,
the date of the cremation, and the final disposition of the
cremated remains.
(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

HB4695 - 23 - LRB104 20396 JRC 33857 b
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.)
(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

HB4695 - 24 - LRB104 20396 JRC 33857 b
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, but no more than 60 days from the time 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 60 days have elapsed from the date of delivery, then
notice must be provided 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.
(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.

HB4695 - 25 - LRB104 20396 JRC 33857 b
Pacemakers do not need to be removed in alkaline hydrolysis
cremations.
(d) No crematory authority shall refuse to accept human
remains for cremation because such human remains are not
embalmed.
(e) Whenever a crematory authority is unable or
unauthorized to cremate human remains immediately upon taking
custody of the remains, the crematory authority shall place
the human remains in a holding facility in accordance with the
crematory authority's rules and regulations. The crematory
authority must notify the authorizing agent of the reasons for
delay in cremation if a properly authorized cremation is not
performed within any time period expressly contemplated in the
authorization.
(f) A crematory authority shall not accept a casket or
alternative container from which there is any evidence of the
leakage of body fluids.
(g) The casket or the alternative container shall be
cremated with the human remains or destroyed, unless the
crematory authority has notified the authorizing agent to the
contrary on the cremation authorization form and obtained the
written consent of the authorizing agent.
(h) The simultaneous cremation of the human remains of
more than one person within the same cremation chamber,
without the prior written consent of the authorizing agent, is
prohibited except for common cremation pursuant to Section

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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.
(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

HB4695 - 27 - LRB104 20396 JRC 33857 b
or the agent's designee more or less cremated remains than
were removed from the cremation chamber.
(m) A crematory authority shall not knowingly represent to
an authorizing agent or the agent's designee that a temporary
container or urn contains the cremated remains of a specific
decedent when it does not.
(n) Cremated remains shall be shipped only by a method
that has an internal tracing system available and that
provides a receipt signed, 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.
(q) A crematory authority shall take all reasonable steps
to cremate human remains within 60 days upon taking possession
of the human remains. If 60 days have elapsed from the date of
delivery, then notice must be provided to the Comptroller's

HB4695 - 28 - LRB104 20396 JRC 33857 b
Office and the coroner or medical examiner in the county in
which the death occurred as to why the cremation cannot be
performed.
(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
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

HB4695 - 29 - LRB104 20396 JRC 33857 b
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.
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

HB4695 - 30 - LRB104 20396 JRC 33857 b
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
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)

HB4695 - 31 - LRB104 20396 JRC 33857 b
(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
anyone else covered by this Section shall be liable for all
resulting damages. Pacemakers do not need to be removed in
alkaline hydrolysis cremations.
(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.

HB4695 - 32 - LRB104 20396 JRC 33857 b
(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.
(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 $25,000 $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 18/62.10)

HB4695 - 33 - LRB104 20396 JRC 33857 b
(Section scheduled to be repealed on January 1, 2029)
Sec. 62.10. Investigations; notice and hearing. The
Comptroller may at any time investigate the actions of any
applicant or of any person, persons, or entity rendering or
offering to render cremation services or any person or entity
holding or claiming to hold a license as a licensed crematory.
As part of its investigations, if the Comptroller finds any
violation or wrongdoing under Section 11 of this Act, the
Comptroller may do the following: perform an unannounced audit
for any complaints the Comptroller receives of a licensee;
issue fines to the licensee, implement a cease and desist
order for no more than 14 days with the ability to renew; or
place a licensee on probation for no more than 6 months with
the ability to renew. The Comptroller shall, before revoking,
suspending, placing on probation, reprimanding, or taking any
other disciplinary action under Section 11 of this Act, at
least 30 days before the date set for the hearing, (i) notify
the accused in writing of the charges made and the time and
place for the hearing on the charges, (ii) direct the accused
applicant or licensee to file a written answer to the charges
with the Comptroller under oath within 20 days after the
service on him or her of the notice, and (iii) inform the
accused that, if he or she fails to answer, default will be
taken against him or her or that his or her license may be
suspended, revoked, placed on probationary status, or other
disciplinary action taken with regard to the license,

HB4695 - 34 - LRB104 20396 JRC 33857 b
including limiting the scope, nature, or extent of his or her
practice, as the Comptroller may consider proper.
At the time and place fixed in the notice, the Comptroller
shall proceed to hear the charges and the parties or their
counsel shall be accorded ample opportunity to present any
pertinent statements, testimony, evidence, and arguments. The
Comptroller shall have the authority to appoint an attorney
duly licensed to practice law in the State of Illinois to serve
as the hearing officer in any disciplinary action with regard
to a license. The hearing officer shall have full authority to
conduct the hearing. The Comptroller may continue the hearing
from time to time. In case the person, after receiving the
notice, fails to file an answer, his or her license may, in the
discretion of the Comptroller, be suspended, revoked, placed
on probationary status, or the Comptroller may take whatever
disciplinary action considered proper, including limiting the
scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for that action under
this Act. The written notice may be served by personal
delivery or by certified mail to the address specified by the
accused in his or her last notification with the Comptroller.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
(410 ILCS 18/65)
(Section scheduled to be repealed on January 1, 2029)

HB4695 - 35 - LRB104 20396 JRC 33857 b
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
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

HB4695 - 36 - LRB104 20396 JRC 33857 b
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
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 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, 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

HB4695 - 37 - LRB104 20396 JRC 33857 b
pre-need agreement. Upon compliance with the terms of the
pre-need agreement, the crematory authority shall be
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

HB4695 - 38 - LRB104 20396 JRC 33857 b
shall be assessed by the Comptroller in accordance with the
provisions of this Act.
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, 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. 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 Comptroller shall notify the county
coroner or medical examiner responsible for the area where the
crematory is located to immediately make arrangements to take

HB4695 - 39 - LRB104 20396 JRC 33857 b
possession of bodies and cremated remains and arrange for
final disposition of any decedents in the suspended licensee's
possession after consulting with 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. 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.)
Section 10. The Cemetery Care Act is amended by changing
Sections 8, 9, 14, 15, 15.2, 15a, and 25 as follows:
(760 ILCS 100/8) (from Ch. 21, par. 64.8)
Sec. 8. Every cemetery authority shall register with the
Comptroller upon forms furnished by him or her. Such
registration statement shall state whether the cemetery
authority claims that the cemetery owned, operated,
controlled, or managed by it is a fraternal cemetery,
municipal, State, or federal cemetery, or religious cemetery,
or a family burying ground, as the case may be, as defined in
Section 2 of this Act, and shall state the date of
incorporation if a corporation and whether incorporated under

HB4695 - 40 - LRB104 20396 JRC 33857 b
general or private act of the legislature. Such registration
statement shall be accompanied by a fee of $5. Such fee shall
be paid to the Comptroller and no registration statement shall
be accepted by him without the payment of such fee. Every
cemetery authority that is not required to file an annual
report under this Act shall bear the responsibility of
informing the Comptroller whenever a change takes place
regarding status of cemetery, name of contact person, and that
person's address, email address, and telephone number.
Upon receipt of a registration statement, if a claim is
made that a cemetery is a fraternal cemetery, municipal
cemetery, or religious cemetery, or a family burying ground,
as the case may be, as defined in Section 2 of this Act, and
the Comptroller shall determine that such cemetery is not a
fraternal cemetery, a municipal cemetery, or a religious
cemetery, or a family burying ground, as the case may be, as
defined in Section 2 of this Act, the Comptroller shall notify
the cemetery authority making the claim of such determination;
provided, however, that no such claim shall be denied until
the cemetery authority making such claim has had at least 10
days' notice of a hearing thereon and an opportunity to be
heard. When any such claim is denied, the Comptroller shall
within 20 days thereafter prepare and keep on file in his
office the transcript of the evidence taken and a written
order or decision of denial of such claim and shall send by
United States mail a copy of such order or decision of denial

HB4695 - 41 - LRB104 20396 JRC 33857 b
to the cemetery authority making such claim within 5 days
after the filing in his office of such order, finding or
decision. A review of any such order, finding or decision may
be had as provided in the Administrative Review Law, as now or
hereafter amended.
Where no claim is made in the application and statement
that a cemetery is a fraternal cemetery, municipal cemetery or
religious cemetery or family burying ground, as the case may
be, as defined in Section 2 of this Act. The , the registration
statement shall be accompanied by a fidelity bond in the
amount required by Section 9 of this Act. Upon receipt of such
application, statement and bond, the Comptroller shall issue a
license to accept the care funds authorized by the provisions
of Section 3 of this Act to each cemetery authority owning,
operating, controlling or managing a privately operated
cemetery. However, the Comptroller shall issue a license
without the filing of a bond where the filing of a bond is
excused by Section 18 of this Act.
The license issued by the Comptroller shall remain in full
force and effect until it is surrendered by the licensee or
revoked by the Comptroller as hereinafter provided.
(Source: P.A. 88-477.)
(760 ILCS 100/9) (from Ch. 21, par. 64.9)
Sec. 9. Application for license.
(a) Prior to the acceptance of care funds authorized by

HB4695 - 42 - LRB104 20396 JRC 33857 b
Section 3 of this Act or the sale or transfer of the
controlling interest of a licensed cemetery authority, a
cemetery authority owning, operating, controlling, or managing
a privately operated cemetery shall make application to the
Comptroller for a license to hold the funds.
In the case of a sale or transfer of the controlling
interest of the cemetery authority, the prior license shall
remain in effect until the Comptroller issues a new license to
the newly-controlled cemetery authority as provided in Section
15b. Upon issuance of the new license, the prior license shall
be deemed surrendered if the licensee has agreed to the sale
and transfer and has consented to the surrender of the
license. A sale or transfer of the controlling interest of a
cemetery authority to an immediate family member is not
considered a transfer of the controlling interest for purposes
of this Section.
(b) Applications for license shall be filed with the
Comptroller. Applications shall be in writing under oath,
signed by the applicant, and in the form furnished by the
Comptroller. The form furnished by the Comptroller shall
enable a cemetery authority to apply for license of multiple
cemetery locations within a single license application. A
check or money order in the amount of $25 per license seeking
to be issued under the application, payable to: Comptroller,
State of Illinois, shall be included. Each application shall
contain the following:

HB4695 - 43 - LRB104 20396 JRC 33857 b
(1) the full name and address (both of residence and
of place of business) of the applicant, if an individual;
of every member, if the applicant is a partnership or
association; of every officer or director, if the
applicant is a corporation; and of any party owning 10% or
more of the cemetery authority, and the full name and
address of the parent company, if any;
(2) a detailed statement of the applicant's assets and
liabilities;
(2.1) the name, address, and legal boundaries of each
cemetery for which the care funds shall be entrusted and
at which books, accounts, and records shall be available
for examination by the Comptroller as required by Section
13 of this Act;
(3) as to the name of each individual person listed
under (1) above, a detailed statement of each person's
business experience for the 10 years immediately preceding
the application; the present and previous connection, if
any, of each person with any other cemetery or cemetery
authority; whether each person has ever been convicted of
any felony or has ever been convicted of any misdemeanor
of which an essential element is fraud or has been
involved in any civil litigation in which a judgment has
been entered against him or her based on fraud; whether
each person is currently a defendant in any lawsuit in
which the complaint against the person is based upon

HB4695 - 44 - LRB104 20396 JRC 33857 b
fraud; whether such person has failed to satisfy any
enforceable judgment entered by a court of competent
jurisdiction in any civil proceedings against such
individual;
(4) the total amount in trust and now available from
sales of lots, graves, crypts or niches where part of the
sale price has been placed in trust; the amount of money
placed in the care funds of each applicant; the amount set
aside in care funds from the sale of lots, graves, crypts
and niches for the general care of the cemetery and the
amount available for that purpose; the amount received in
trust by special agreement for special care and the amount
available for that purpose; the amount of principal
applicable to trust funds received by the applicant; and
(5) any other information that the Comptroller may
reasonably require in order to determine the
qualifications of the applicant to be licensed under this
Act.
Such information shall be furnished whether the care funds
are held by the applicant as trustee or by an independent
trustee. If the funds are not held by the applicant, the name
of the independent trustee holding them is also to be
furnished by the applicant.
(c) (Blank). Applications for license shall also be
accompanied by a fidelity bond issued by a bonding company or
insurance company authorized to do business in this State or

HB4695 - 45 - LRB104 20396 JRC 33857 b
by an irrevocable, unconditional letter of credit issued by a
bank or trust company authorized to do business in the State of
Illinois, as approved by the State Comptroller, where such
care funds exceed the sum of $15,000. Such bond or letter of
credit shall run to the Comptroller and his or her successor
for the benefit of the care funds held by such cemetery
authority or by the trustee of the care funds of such cemetery
authority. Such bonds or letters of credit shall be in an
amount equal to 1/10 of such care funds. However, such bond or
letter of credit shall not be in an amount less than $1,000;
the first $15,000 of such care funds shall not be considered in
computing the amount of such bond or letter of credit. No
application shall be accepted by the Comptroller unless
accompanied by such bond or letter of credit.
Applications for license by newly organized cemetery
authorities after January 1, 1960 shall also be accompanied by
evidence of a minimum care fund deposit in an amount to be
determined as follows: if the number of inhabitants, either in
the county in which the cemetery is to be located or in the
area included within a 10 mile radius from the cemetery if the
number of inhabitants therein is greater, is 25,000 or less
the deposit shall be $7,500; if the number of inhabitants is
25,001 to 50,000, the deposit shall be $10,000; if the number
of inhabitants is 50,001 to 125,000, the deposit shall be
$15,000; if the number of inhabitants is over 125,000, the
deposit shall be $25,000.

HB4695 - 46 - LRB104 20396 JRC 33857 b
After an amount equal to and in addition to the required
minimum care fund deposit has been deposited in trust, the
cemetery authority may withhold 50% of all future care funds
until it has recovered the amount of the minimum care fund
deposit.
(d) (Blank).
(e) All bonds and bonding deposits made by any cemetery
authority may be returned to the cemetery authority or
cancelled as to care funds invested with an investment
company.
(Source: P.A. 92-419, eff. 1-1-02.)
(760 ILCS 100/14) (from Ch. 21, par. 64.14)
Sec. 14. The Comptroller may at any time investigate the
cemetery business of every licensee with respect to its care
funds. The Comptroller shall examine at least annually every
licensee who holds $500,000 $250,000 or more in its care
funds. For that purpose, the Comptroller shall have free
access to the office and places of business and to such records
of all licensees and of all trustees of the care funds of all
licensees as shall relate to the acceptance, use and
investment of care funds. The Comptroller may require the
attendance of and examine under oath all persons whose
testimony he may require relative to such business and in such
cases the Comptroller or any qualified representative of the
Comptroller whom the Comptroller may designate, may administer

HB4695 - 47 - LRB104 20396 JRC 33857 b
oaths to all such persons called as witnesses, and the
Comptroller, or any such qualified representative of the
Comptroller, may conduct such examinations. The cost of an
initial examination shall be borne by the cemetery authority
if it has $10,000 or more in such fund; otherwise, by the
Comptroller. The charge made by the Comptroller for such
examination shall be based upon the total amount of care funds
held by the cemetery authority as of the end of the calendar or
fiscal year for which a report is required by Section 12 of
this Act and shall be set by rule. in accordance with the
following schedule:
less than $10,000.........................no charge;
$10,000 or more but less than
$50,000.............................................$10;
$50,000 or more but less than
$100,000............................................$40;
$100,000 or more but less than
$250,000............................................$80;
$250,000 or more....................................$100.
Any licensee which is not required to be examined annually
shall submit an annual report to the Comptroller containing
such information as the Comptroller reasonably may request.
The Comptroller may order additional audits or
examinations as he or she may deem necessary or advisable to
ensure the safety and stability of the trust funds and to
ensure compliance with this Act. These additional audits or

HB4695 - 48 - LRB104 20396 JRC 33857 b
examinations shall only be made after good cause is
established by the Comptroller in the written order. The
grounds for ordering these additional audits or examinations
may include, but shall not be limited to:
(1) material and unverified changes or fluctuations in
trust balances;
(2) the licensee changing trustees more than twice in
any 12-month period;
(3) any withdrawals or attempted withdrawals from the
trusts in violation of this Act; or
(4) failure to maintain or produce documentation
required by this Act for deposits into trust accounts or
trust investment activities.
Prior to ordering an additional audit or examination, the
Comptroller shall request the licensee to respond and comment
upon the factors identified by the Comptroller as warranting
the subsequent examination or audit. The licensee shall have
30 days to provide a response to the Comptroller. If the
Comptroller decides to proceed with the additional examination
or audit, the licensee shall bear the full cost of that
examination or audit, up to a maximum of $7,500. The
Comptroller may elect to pay for the examination or audit and
receive reimbursement from the licensee. Payment of the costs
of the examination or audit by a licensee shall be a condition
of receiving or maintaining a license under this Act. All
moneys received by the Comptroller for examination or audit

HB4695 - 49 - LRB104 20396 JRC 33857 b
fees shall be maintained in a separate account to be known as
the Comptroller's Administrative Fund. This Fund, subject to
appropriation by the General Assembly, may be utilized by the
Comptroller for enforcing this Act and other purposes that may
be authorized by law.
(Source: P.A. 89-615, eff. 8-9-96.)
(760 ILCS 100/15) (from Ch. 21, par. 64.15)
Sec. 15. The Comptroller may, upon 10 days' notice to the
licensee, by United States mail directed to the licensee at
the address set forth in the license, stating the contemplated
action and, in general, the grounds therefor, and upon
reasonable opportunity to be heard prior to such action,
revoke any license issued hereunder if he finds that:
(a) The licensee has failed to make the annual report or to
maintain in effect the required bond or to comply with an
order, decision, or finding of the Comptroller made pursuant
to this Act; or that
(b) The licensee has violated any provision of this Act or
any regulation or direction made by the Comptroller under this
Act; or that
(c) Any fact or condition exists which would constitute
grounds for denying an application for a new license.
(Source: P.A. 91-7, eff. 6-1-99.)
(760 ILCS 100/15.2) (from Ch. 21, par. 64.15-2)

HB4695 - 50 - LRB104 20396 JRC 33857 b
Sec. 15.2. A licensee may surrender any license by
delivering to the Comptroller written notice that he thereby
surrenders such license but such surrender shall not affect
such licensee's civil or criminal liability for acts committed
prior to such surrender, or affect his bond. The Comptroller
shall not permit a license to be surrendered by a licensee
unless and until such licensee has furnished to the
Comptroller satisfactory evidence of his release and discharge
from all trust liabilities and obligations and unless and
until the care funds of such licensee have been transferred to
a successor licensee who shall be licensed by the Comptroller
in conformity with the provisions of this Act.
However, the Comptroller shall accept the surrender of a
license held by a cemetery authority that is a cemetery
association or corporation owning, operating or controlling a
cemetery not for profit, whose cemetery has been conveyed to
and accepted by any city, village, incorporated town, township
or county, upon: (a) the licensee submitting to the
Comptroller a copy of the act, resolution or ordinance under
which the political subdivision accepted or is charged with
the responsibility of operating and controlling the cemetery;
(b) the making and filing with and approval by the Comptroller
of a final account for care funds from the date of last report
made by the licensee to the Comptroller to the date of transfer
to the successor cemetery authority; (c) the furnishing of a
copy of the instrument of appointment or certificate of

HB4695 - 51 - LRB104 20396 JRC 33857 b
election of trustees of the public graveyard or managers of
the municipal cemetery authorized to hold care funds or trust
funds for care, and the receipt of such trustees of the public
graveyard or managers of the municipal cemetery for the care
funds investments listed in the final account; and (d) the
return of the Cemetery Authority License to the Comptroller
for cancellation. Upon satisfactory performance of the
foregoing by a licensee, the same shall be deemed satisfactory
evidence of the licensee's release and discharge from all
trust liabilities and obligations and transfer of the
licensee's care funds to an authorized successor within the
meaning and intent of this Act.
(Source: P.A. 78-592.)
(760 ILCS 100/15a) (from Ch. 21, par. 64.15a)
Sec. 15a. Where any cemetery authority owning, operating,
controlling or managing a privately operated cemetery or any
trustee for the same has accepted care funds within the
meaning of this Act, and is considered abandoned or seeks
dissolution dissolution is sought by such cemetery authority
in any manner, by resolution of such cemetery authority, or
the trustees thereof, notice shall be given to the Comptroller
of such intention to dissolve, and proper disposition shall be
made of the care funds so held for the general benefit of such
lot owners by or for the benefit of such cemetery authority, as
provided by law, or in accordance with the trust provisions of

HB4695 - 52 - LRB104 20396 JRC 33857 b
any gift, grant, contribution, payment, legacy or pursuant to
any contract whereby such funds were created. The Comptroller
represented by the Attorney General may apply to the circuit
court for the appointment of a receiver, trustee, successor in
trust, or for directions of such court as to the proper
disposition to be made of such care funds, to the end that the
uses and purposes for which such trust or care funds were
created may be accomplished. Where no such receiver is
available, the circuit court may order a willing local
municipality, township, or county to take over the cemetery.
Any existing deed or care funds may be conveyed or transferred
to the unit of local government. If there is no party available
to convey the deed or transfer the care funds, then a judicial
deed and court order may be obtained in the county in which the
cemetery is located, and such deed or other writing, if it
relates to land, shall promptly, after its execution by a
judge or the sheriff, be recorded in the recorder's office of
the county wherein the land is situated. Any cemetery taken
over by a local municipality, township, or county shall be
considered a municipal cemetery for the purposes of this Act.
(Source: P.A. 87-747; 88-477.)
(760 ILCS 100/25)
Sec. 25. Use of care funds. When any city, village,
incorporated town, township, county, other municipal
corporation, or a township or multi-township cemetery district

HB4695 - 53 - LRB104 20396 JRC 33857 b
takes over a cemetery or cemetery authority, including owning,
operating, controlling, maintaining, or managing the cemetery,
the care fund income may be used by the local government for
the care and maintenance of the cemetery at reasonable
intervals. If the care fund income does not cover the
reasonable maintenance of the cemetery, then the care fund
principal may be used by the local government for the care and
maintenance of the cemetery. the care fund and care fund
expenditures continue to be subject to the provisions of this
Act, and the township or multi-township cemetery district must
continue to use the care fund exclusively for the care and
maintenance of the cemetery in accordance with this Act.
(Source: P.A. 91-181, eff. 1-1-00.)
(760 ILCS 100/17 rep.)
(760 ILCS 100/18 rep.)
Section 15. The Cemetery Care Act is amended by repealing
Sections 17 and 18.
HB4695 - 54 - LRB104 20396 JRC 33857 b
INDEX
Statutes amended in order of appearance
410 ILCS 18/5
410 ILCS 18/7
410 ILCS 18/10
410 ILCS 18/11
410 ILCS 18/11.5
410 ILCS 18/20
410 ILCS 18/25
410 ILCS 18/35
410 ILCS 18/40
410 ILCS 18/50
410 ILCS 18/55
410 ILCS 18/62.10
410 ILCS 18/65
410 ILCS 18/91
410 ILCS 18/94
760 ILCS 100/8 from Ch. 21, par. 64.8
760 ILCS 100/9 from Ch. 21, par. 64.9
760 ILCS 100/14 from Ch. 21, par. 64.14
760 ILCS 100/15 from Ch. 21, par. 64.15
760 ILCS 100/15.2 from Ch. 21, par. 64.15-2
760 ILCS 100/15a from Ch. 21, par. 64.15a
760 ILCS 100/25
760 ILCS 100/17 rep.
HB4695 - 55 - LRB104 20396 JRC 33857 b
760 ILCS 100/18 rep.