Comptroller Susana Mendoza’s Proposed Legislation Strengthening The Office’s Oversight Of Crematoriums Unanimously Passes Both Houses

SPRINGFIELD – Legislation spearheaded by Illinois Comptroller Susana A. Mendoza to strengthen regulatory oversight of crematories passed the Illinois Senate today, following its passage by the House in April. HB 4695, sponsored by Representative Anthony DeLuca (D-Chicago Heights) and chief co-sponsor Representative Diane Blair-Sherlock (D-Villa Park) in the House and Senator Patrick Joyce (D-Essex) in the Senate, increases the Comptroller’s regulatory powers, codifies and clarifies current practices, and embraces best practices within the industry. The bill addresses critical concerns and shortcomings of the existing crematory regulation law in Illinois.

Last year, the Illinois Office of Comptroller (IOC) permanently shut down Heights Crematory in Chicago Heights after discovering several violations of the law that amounted to dishonorable, unethical, and unprofessional conduct likely to deceive, defraud, or harm the public.

The IOC’s Pre-Need Licensing and Certification Enforcement (PLACE) Division oversees crematory licensing and auditing and has primary responsibility for determining if licenses should be suspended or revoked due to violations of the Illinois Crematory Regulation Act.

“We have seen some heartbreaking cases over the past year, and I want my office to be able to better investigate and take stronger actions against unscrupulous crematory operators,” Comptroller Mendoza said. “Families should not have to wait months for their loved one’s ashes or fear that their relative is treated with anything less than the utmost respect. We should think of every one of these bodies as our own mother or father, worthy of respect and dignity.”

“When we all pass on one day, our last requests are often to be cremated or buried with dignity and respect,” said Senator Joyce. “This means funeral homes must operate at a level of care and professionalism that puts families dealing with loss at ease.”

“As more people turn toward cremation, these are needed updates that responsibly strengthen the comptroller’s ability to investigate bad actors,” Representative DeLuca said. “Few things are as sacred as respectfully handling the remains of those passed on, a reality my community is well aware of following the tragic impropriety witnessed at a crematory in my district. I appreciate Comptroller Mendoza’s willingness to look out for families and for her partnership on this important initiative.”

“When we lose a loved one, we are at our most vulnerable state, which can make the responsibilities of families and caretakers particularly difficult,” Representative Blair-Sherlock said. “By amending the Crematory Regulation Act, we’re holding cemeteries and crematoriums accountable while honoring our loved ones. During such a sad and stressful time, the bereaved should be able to focus on mourning their loved one and following their wishes, not worrying about timelines and operations.”

The legislation:

• Authorizes the Comptroller to summarily suspend a crematory license immediately without a prior hearing if there is clear evidence that letting a crematory remain open would create an imminent danger to the public. This will help the Comptroller to move quickly to stop egregious bad actors.
• Requires the county medical examiner or coroner to take possession of all bodies and cremated remains when a license is suspended or revoked, closing a gap in current statute.
• Allows the Comptroller to immediately inspect premises and records in the event of a complaint or other allegation of misconduct.
• Requires notice to both the Comptroller and the county coroner/medical examiner if a cremation has not occurred within 30 days. This will help identify if there is an issue with being able to obtain a death certificate or cremation permit in a timely manner.
• Raises maximum penalties for violations to $10,000 per violation.
• Lays out best practice requirements including a written medical waste management plan, standard operations procedures for employees, and secure storage of cremated remains.

“I thank the Illinois General Assembly for passing this legislation during the spring session. It’s imperative that my office has the power to ensure families and their loved ones get the peace they deserve,” said Comptroller Mendoza. “I urge the Governor to sign it into law.”

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