SB 2091 — CREMATORY REG-LOCAL ZONING

093_SB2091SB2091 Engrossed LRB093 12911 LCB 18121 b AN ACT concerning crematories.

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

(b)(b)  A A crematory shall be subject to all local, State, and federal health and environmental protection requirements and shall obtain all necessary licenses and permits from the Department, the federal Department of Health and Human Services, and the Illinois and federal Environmental Protection Agencies, or such other appropriate local, State, or federal agencies.

(c)(c)  A A crematory may be constructed o--------j-------------on -----e---------------------t----------------------s----------or adjacent to any cemetery, on or adjacent to any funeral establishment, or at any -t----other location consistent with local zoning regulations.

(d)(d)  An An application for licensure as a crematory authority shall be in writing on forms furnished by the Comptroller.

(1)(1)  The 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 -2- LRB093 12911 LCB 18121 b the applicant is a partnership;

the full name and address SB2091 Engrossed - 2 - LRB093 12911 LCB 18121 b of every member of the board of directors if the applicant is an association;

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

(3)(3)  A A description of the type of structure and equipment to be used in the operation of the crematory, including the operating permit number issued to the cremation device by the Illinois Environmental Protection Agency.

(3.5)(3.5)  Attestation Attestation by the owner that cremation services shall be by a person trained in accordance with the requirements of Section 22 of this Act.

(3.10)(3.10)  A A copy of the certification or certifications issued by the certification program to the person or persons who will operate the cremation device.

(4)(4)  Any Any further information that the Comptroller reasonably may require.

(e)(e)  Each Each crematory authority shall file an annual report with the Comptroller, accompanied with a $25 fee, providing (i) an affidavit signed by the owner of the crematory authority that at the time of the report the cremation device was in proper operating condition, (ii) the total number of all cremations performed at the crematory during the past year, (iii) attestation by the licensee that all applicable permits and certifications are valid, and (iv) either (A) any changes required in the information provided under subsection (d) or (B) an indication that no changes have occurred.

If the fiscal year of a crematory authority is other than on a calendar year basis, then the crematory -3- LRB093 12911 LCB 18121 b authority shall file the report required by this Section within 75 days after the end of its fiscal year.

The Comptroller shall, for good cause shown, grant an extension for the filing of the annual report upon the written request of the crematory SB2091 Engrossed - 3 - LRB093 12911 LCB 18121 b authority.

(f)(f)  All 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)(g)  The The Comptroller may inspect crematory records at the crematory authority'sauthority’s place of business to review the licensee'slicensee’s compliance with this Act.

(1)(1)  the the crematory authority has complied with record-keeping requirements of this Act;

(2)(2)  a a crematory device operator'soperator’s certification of training is conspicuously displayed at the crematory;

(3)(3)  the 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)(4)  the the crematory authority is in compliance with local zoning requirements;

and (5)(5)  the the crematory authority license issued by the Comptroller is conspicuously displayed at the crematory.

(h)(h)  The The Comptroller shall issue licenses under this Act -4- LRB093 12911 LCB 18121 b to the crematories that are registered with the Comptroller as of July 1, 2003 without requiring the previously registered crematories to complete license applications.