Illinois Rep. DeLuca’s crematory and cemetery care regulation bill passes House and Senate

Newly passed bill authored by State Rep. Anthony DeLuca aims to strengthen oversight of crematories and cemetery care funds in Illinois and expand state authority over licensing and operations, according to the Illinois General Assembly.

In the House, 75 Democrats and 37 Republicans voted in favor of the bill.

Meanwhile, in the Senate, 40 Democrats and 19 Republicans voted in favor of the bill.

DeLuca introduced the bill in the Illinois House on Jan. 29, 2026 during the 104th session.

The legislation, known as HB4695, was passed on May 21, 2026 during the general assembly session 104.

According to the Illinois General Assembly site, the legislature summarized the bill’s official text as follows: “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.”

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill tightens regulation of crematories and cemetery care funds in Illinois. It empowers the state comptroller to issue citations, fines of up to $10,000 per violation, cease-and-desist orders and summary suspensions, and to deny or discipline licenses for reasons including unpaid taxes or child support. Crematories must adopt written standard operating procedures, a medical waste management plan, cremate remains within 60 days or report delays, and store ashes indoors and safely. Pacemakers may remain in alkaline hydrolysis cremations. When a crematory or private cemetery is abandoned, dissolved, or loses its license, courts may appoint a receiver or order a willing local government to take over the cemetery and its care funds, which may be spent, including principal if needed, on cemetery maintenance.

The bill was sponsored by Rep. Diane Blair-Sherlock (Democrat-46th District), Rep. Justin Cochran (Democrat-55th District), and Rep. Matt Hanson (Democrat-83rd District), along with three other sponsors.

Bills in Illinois follow a multi-step legislative process, beginning with introduction in either the House or Senate, followed by committee review, floor debates, and votes in both chambers before reaching the governor for approval or veto. The General Assembly operates on a biennial schedule, and while typically thousands of bills are introduced each session, only a fraction successfully pass through the process to become law.

You can read more about bills and other measures here.

DeLuca, a Democrat, was elected to the Illinois State House in 2009 to represent the state’s 80th House District, replacing previous state representative George Scully, Jr..

Lawmakers listed as “Excused Absence” had formally informed leadership of their inability to attend the vote, often due to health or personal circumstances.