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SB2146 Enrolled LRB103 28651 CPF 55032 b AN ACT concerning health.
*LRB10328651SPS57442a* Sen.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Meg Loughran Cappel Filed:
Section 5.
3/3/2023 10300SB2146sam001 LRB103 28651 SPS 57442 a AMENDMENT TO SENATE BILL 2146 AMENDMENT NO.
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Amend Senate Bill 2146 by replacing everything after the enacting clause with the following:
"Section 5.
The Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
The Private Detective, Private Alarm, Private 10300SB2146sam001 -2- LRB103 28651 SPS 57442 a Security, Fingerprint Vendor, and Locksmith Act of 2004.
8-6-21.) SB2146 Enrolled - 2 - LRB103 28651 CPF 55032 b (5 ILCS 80/4.39) Sec.
8-6-21.) (5 ILCS 80/4.39) Sec.
The Crematory Regulation Act is amended by changing Sections 10, 22, and 35 as follows:
The Crematory Regulation Act is amended by changing Sections 10, 20, 22, and 35 as follows:
Establishment of crematory and licensing of crematory authority.
Establishment of crematory and licensing of 10300SB2146sam001 -3- LRB103 28651 SPS 57442 a crematory authority.
SB2146 Enrolled - 3 - LRB103 28651 CPF 55032 b (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.
(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.
the full name and address of every member of the board of directors if the applicant is an association;
the full name and address 10300SB2146sam001 -4- LRB103 28651 SPS 57442 a of every member of the board of directors if the applicant is an association;
(3) A description of the type of structure and equipment to be used in the operation of the crematory, SB2146 Enrolled - 4 - LRB103 28651 CPF 55032 b including the operating permit number issued to the cremation device by the Illinois Environmental Protection Agency.
(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.
(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.
(e) Each crematory authority shall file an annual report with the Comptroller, accompanied with a $25 fee plus a $5 fee for each cremation performed that calendar year, 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.
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 the fiscal year of a 10300SB2146sam001 -5- LRB103 28651 SPS 57442 a crematory authority is other than on a calendar year basis, then the crematory authority shall file the report required by this Section within 75 days after the end of its fiscal year.
The SB2146 Enrolled - 5 - LRB103 28651 CPF 55032 b Comptroller may abate all or part of the $5 daily penalty for good cause shown.
The Comptroller may abate all or part of the $5 daily penalty for good cause shown.
The $5 fee for each cremation performed that calendar year shall be deposited into the Cemetery Consumer Protection Fund.
(2) a crematory device operator's certification of training and the required continuing education certification are is conspicuously displayed at the crematory;
(2) a crematory device operator's certification of 10300SB2146sam001 -6- LRB103 28651 SPS 57442 a training and the required continuing education certification are is conspicuously displayed at the crematory;
(5) the crematory authority license issued by the SB2146 Enrolled - 6 - LRB103 28651 CPF 55032 b Comptroller is conspicuously displayed at the crematory;
(5) the crematory authority license issued by the Comptroller is conspicuously displayed at the crematory;
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The crematory authority must SB2146 Enrolled - 7 - LRB103 28651 CPF 55032 b conspicuously display the certification at the crematory authority's place of business.
The crematory authority must conspicuously display the certification at the crematory authority's place of business.
The Comptroller may recognize any course that is conducted by a death care trade association in Illinois or the United States or by a manufacturer of a cremation unit that is consistent with the standards provided in this Act or as otherwise determined by rule.
The Comptroller may recognize any course that is conducted by a death care trade association in 10300SB2146sam001 -8- LRB103 28651 SPS 57442 a Illinois or the United States or by a manufacturer of a cremation unit that is consistent with the standards provided in this Act or as otherwise determined by rule.
(a) Human remains shall not be cremated within 24 hours after the time of death, as indicated on the Medical SB2146 Enrolled - 8 - LRB103 28651 CPF 55032 b Examiner's/Coroner's Certificate of Death.
(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.
(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.
(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 10300SB2146sam001 -9- LRB103 28651 SPS 57442 a crematory authority, unless the crematory authority has received specific instructions to the contrary on the cremation authorization form.
SB2146 Enrolled - 9 - LRB103 28651 CPF 55032 b (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.
(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.
(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.
(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 10300SB2146sam001 -10- LRB103 28651 SPS 57442 a written consent of the authorizing agent.
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 SB2146 Enrolled - 10 - LRB103 28651 CPF 55032 b chamber.
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.
(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.
10300SB2146sam001 -11- LRB103 28651 SPS 57442 a (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.
(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 SB2146 Enrolled - 11 - LRB103 28651 CPF 55032 b decedent when it does not.
(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.
(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:
(p) A crematory authority that is unable to cremate unembalmed human remains within 24 hours of taking custody of the human remains must provide or maintain an operable refrigeration unit with cleanable, noncorrosive interior and exterior finishes.
an operable refrigeration unit, with cleanable, noncorrosive interior and exterior finishes, or a suitable cooling room.
The unit must be capable of maintaining a temperature of less than 40 degrees Fahrenheit and of holding at least 3 bodies.
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(a) Every seller engaging in pre-need sales shall pay to the Comptroller $5 for each said contract entered into, to be paid into a special income earning fund hereby created in the SB2146 Enrolled - 12 - LRB103 28651 CPF 55032 b State Treasury, known as the Cemetery Consumer Protection Fund.
(a) Every seller engaging in pre-need sales shall pay to the Comptroller $5 for each said contract entered into, to be paid into a special income earning fund hereby created in the State Treasury, known as the Cemetery Consumer Protection Fund.
(c) Restitution or reimbursement for pre-need merchandise or services shall not exceed the reasonable average regional cost of the contracted merchandise at current prices.
(c) Restitution or reimbursement for pre-need merchandise 10300SB2146sam001 -13- LRB103 28651 SPS 57442 a or services shall not exceed the reasonable average regional cost of the contracted merchandise at current prices.
SB2146 Enrolled - 13 - LRB103 28651 CPF 55032 b (g) Notwithstanding any other provision of this Section, the payment of restitution from the fund shall be a matter of grace and not of right and no purchaser shall have any vested rights in the fund as a beneficiary or otherwise.
(g) Notwithstanding any other provision of this Section, the payment of restitution from the fund shall be a matter of grace and not of right and no purchaser shall have any vested rights in the fund as a beneficiary or otherwise.
(h) Annually, the status of the fund shall be reviewed by the Comptroller, and if she or he determines that the fund together with all accumulated income earned thereon, equals or exceeds $10,000,000 and that the total number of outstanding claims filed against the fund is less than 10% of the fund's current balance, then payments to the fund pursuant to subsection (a) of this Section shall be suspended until such time as the fund's balance drops below $10,000,000 or the total number of outstanding claims filed against the fund is more than 10% of the fund's current balance, but on such suspension, the fund shall not be considered inactive.
(h) Annually, the status of the fund shall be reviewed by the Comptroller, and if she or he determines that the fund together with all accumulated income earned thereon, equals or exceeds $10,000,000 and that the total number of outstanding claims filed against the fund is less than 10% of the fund's 10300SB2146sam001 -14- LRB103 28651 SPS 57442 a current balance, then payments to the fund pursuant to subsection (a) of this Section shall be suspended until such time as the fund's balance drops below $10,000,000 or the total number of outstanding claims filed against the fund is more than 10% of the fund's current balance, but on such suspension, the fund shall not be considered inactive.
This Act takes effect upon becoming law.
This Act takes effect upon becoming law.".