Comptroller Susana Mendoza’s legislation strengthening the office’s oversight of crematoriums signed into law

Legislation spearheaded by Illinois Comptroller Susana A. Mendoza to strengthen regulatory oversight of crematories was signed into law by the Governor today. The measure responds to horrific cases in which crematories mishandled and improperly stored remains, delayed cremations, and failed to maintain accurate records of the deceased—causing unnecessary anguish for families during some of the most difficult moments of their lives.

HB 4695, sponsored by Representative Anthony DeLuca (D-Chicago Heights) with 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 deceased are mothers, fathers, sisters, brothers, and children, and unscrupulous crematory operators do not have the right to treat their remains with anything less than the utmost respect and dignity,” Comptroller Mendoza said. “I thank the General Assembly for passing this bill and the Governor for signing it into law. This measure gives my office stronger tools to investigate misconduct and hold bad actors accountable when they fail to uphold the trust families place in them during times of loss.”

The legislation 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.

“By bringing together both the Comptroller’s office and the funeral industry, we were able to craft legislation that allows crematoriums to operate successfully and ethically,” said Sen. Patrick Joyce. “When you are dealing with the loss of a loved one, the last thing you should have to worry about is how their remains are treated.”

“I want to thank Governor Pritzker, Comptroller Mendoza and the local advocates who worked to secure these needed safeguards that will strengthen protections and better empower us to stop bad actors,” state Rep. Anthony DeLuca said. “Most importantly, I want affected families to know that we are thinking of them. Few things are as sacred as the dignified handling of the remains of our loved ones who have passed on. This measure is a responsible and necessary step forward.”

“Losing someone close to you is never easy, especially when you are responsible for seeing through their wishes. No one should have to worry if their loved one is being cared for properly and respectfully in a crematorium or a cemetery. This legislation holds those places responsible and ensures that everything is up to code, so that the bereaved don’t feel the need to take on an unnecessary burden, just to lay their loved one to rest in a peaceful, timely manner,” said Blair-Sherlock.

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.

The law takes effect January 1, 2027.