IllinoisHB4695104th General Assembly (2025–2026)HouseWALLET

CREMATORY-CEMETERY REGULATION

Sponsored By: Sponsor information unavailable

Became Law

Summary

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.

state government administrationassignmentsexecutive

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 1 costs, 3 mixed.

Licensing, fees, and reports for crematories

To run a crematory in Illinois, you must be licensed and follow state, local, and federal health and environmental rules. Apply with a $100 fee; licenses renew every 5 years for $100. File an annual report by March 15 (or within 75 days of your fiscal year end) and pay $25; the late penalty is $5 per day. The Comptroller can inspect and audit you and may charge $100 per inspection; you must keep required records and display permits and licenses. You must keep a written standard operating procedure and a medical waste plan for staff. Crematories registered on March 1, 2012 get a license without a new application.

Stronger enforcement, lower max fines for crematories

The Comptroller can deny, suspend, or revoke a license for fraud, failing reports, malpractice, falsifying records, overcharging, and other listed misconduct. The Comptroller may suspend a license immediately for imminent danger, with written notice and a hearing set within 14 days and starting within 30 days. If a license is suspended or revoked, the license must be surrendered, and the coroner or medical examiner is notified to take custody; if no agent can be reached, they must take remains within 72 hours. Civil penalties can be up to $5,000 per violation and are due within 60 days; orders act like court judgments. Some acts are crimes, including Class 4 and Class 3 felonies and Class A and B misdemeanors. The law lowers the maximum civil penalty per violation to $5,000 (down from $10,000).

Rules for ashes and pre-need wishes

You can sign a pre-need authorization for your own cremation and change or cancel it before death by destroying it and telling the crematory in writing. If the crematory has your signed form, the remains, and payment or a guarantee, it must follow your instructions and is released from liability. The authorizing agent is responsible for final disposition; after cremation, the crematory must deliver the ashes to the named person or by registered mail and is then not liable. If remains are unclaimed for 60 days, the crematory may dispose of them as the law allows and seek reimbursement of reasonable costs. Ashes cannot be mixed with another person’s remains or placed together in one container without written permission. If faith requires it, ashes may be scattered in an Illinois river without a DNR permit if limited to one person, spread to avoid piles, out of sight of public use areas, and only ashes are scattered.

Safety and timing rules for cremation

A body cannot be cremated until 24 hours after death. The crematory must have a county cremation permit and a signed authorization; the coroner can waive the wait for infectious disease or when religion requires cremation. Crematories must keep a chain-of-custody ID record for the remains. If unembalmed remains cannot be cremated within 24 hours, the crematory must have refrigeration or a cooling room below 40°F. A crematory cannot cremate remains with a pacemaker or other dangerous implant unless safety rules are met; for alkaline hydrolysis, the vessel must be certified and waste rules confirmed in writing. Crematories cannot refuse unembalmed remains, accept leaking containers, cremate more than one person at once without written consent, allow unauthorized people in work areas, or remove valuables or body parts without written permission. If cremation has not happened in 30 days and no law hold exists, the crematory must tell the Comptroller and the county coroner or medical examiner and explain why.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Anthony DeLuca

    Affiliation unavailable

  • Diane Blair-Sherlock

    Affiliation unavailable

  • Justin Cochran

    Affiliation unavailable

  • Matt Hanson

    Affiliation unavailable

  • Natalie A. Manley

    Affiliation unavailable

  • Nicolle Grasse

    Affiliation unavailable

  • Patrick J. Joyce

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 208 • No: 0

Senate vote 5/21/2026

Third Reading - Passed;

Yes: 59 • No: 0

Senate vote 5/6/2026

Do Pass Executive;

Yes: 13 • No: 0

House vote 4/16/2026

Third Reading - Short Debate - Passed

Yes: 112 • No: 0

House vote 4/15/2026

House Floor Amendment No. 2 Recommends Be Adopted State Government Administration Committee;

Yes: 8 • No: 0

House vote 4/8/2026

House Floor Amendment No. 1 Recommends Be Adopted State Government Administration Committee;

Yes: 7 • No: 0

House vote 2/25/2026

Do Pass / Short Debate State Government Administration Committee;

Yes: 9 • No: 0

Actions Timeline

  1. Public Act . . . . . . . . . 104-0501

    6/26/2026House
  2. Effective Date January 1, 2027

    6/26/2026House
  3. Governor Approved

    6/26/2026House
  4. Sent to the Governor

    6/18/2026House
  5. Passed Both Houses

    5/21/2026House
  6. Third Reading - Passed; 059-000-000

    5/21/2026Senate
  7. Placed on Calendar Order of 3rd Reading **

    5/19/2026Senate
  8. Placed on Calendar Order of 3rd Reading May 18, 2026

    5/14/2026Senate
  9. Second Reading

    5/14/2026Senate
  10. Placed on Calendar Order of 2nd Reading May 7, 2026

    5/6/2026Senate
  11. Do Pass Executive; 013-000-000

    5/6/2026Senate
  12. Assigned to Executive

    4/28/2026Senate
  13. Referred to Assignments

    4/21/2026Senate
  14. First Reading

    4/21/2026Senate
  15. Chief Senate Sponsor Sen. Patrick J. Joyce

    4/21/2026Senate
  16. Placed on Calendar Order of First Reading

    4/21/2026Senate
  17. Arrive in Senate

    4/21/2026Senate
  18. Added Co-Sponsor Rep. Natalie A. Manley

    4/16/2026House
  19. Added Co-Sponsor Rep. Matt Hanson

    4/16/2026House
  20. Added Co-Sponsor Rep. Justin Cochran

    4/16/2026House
  21. Third Reading - Short Debate - Passed 112-000-000

    4/16/2026House
  22. Placed on Calendar Order of 3rd Reading - Short Debate

    4/16/2026House
  23. House Floor Amendment No. 2 Adopted

    4/16/2026House
  24. House Floor Amendment No. 1 Adopted

    4/16/2026House
  25. House Floor Amendment No. 2 Recommends Be Adopted State Government Administration Committee; 008-000-000

    4/15/2026House

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • House Amendment 2

  • Introduced

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