Illinois’ crematory laws being reconsidered

By J. D. Piland

After the grotesque crematory incident that occurred in Georgia, other states have started to reconsider their cremation laws.

Illinois is one of the states doing just that.

During a meeting in Springfield, Senator J. Bradley Burzynski addressed the Office of the Comptroller, the Illinois Department of Professional Regulations, the Illinois Environmental Protection Agency and the Illinois Department of Public Health, all of which have jurisdiction over the 64 crematories in Illinois.

“We need to take a look at what is being done, how we can correct it, who has the oversight and how we coordinate the oversight that is already there,” Burzynski said in a press release.

The proposed changes will include yearly inspections of the incinerators by IEPA, a mechanism for handling consumer complaints, reviewing penalties for failure to register and coordinating overall oversight of the industry.

The current laws say crematory operators must be registered with the Office of the Comptroller to perform the act. Burzynski and the Illinois Cemetery and Funeral Home Association are considering requiring the licensing of operators, rather than just ensuring they are registered, said Harvey Lapin, General Counsel of the ICFHA.

If the licensing law passes, crematories that already are registered will become licensed, Lapin added.

Lapin, who has drafted and reviewed laws for 27 states, said Illinois is among the best in the nation in cremation laws.

“We have laws, we have penalties, we have the manners and ways to enforce those laws,” said Lapin in the press release. “I was contacted by the state of Georgia to review their laws. They have none.”

How will these proposed changes affect crematories in Illinois?

Michael Butala, owner of Butala Funeral Home and Crematory in Sycamore, said the possible modification won’t alter much.

“If they are talking about certification for operators, it won’t be a problem,” Butala said. “Illinois has good laws, unlike Georgia, that we follow, so there shouldn’t be any change.”

Regardless of any potential effects, or lack thereof, the state senate still is considering the proposed laws.

“They’re just talking right now,” Lapin said. “The legislation is in session and they should be passed fairly easily.”

Despite Illinois’ readiness to revise the laws, there still are some states that do not want to change the laws, even after Georgia’s problems, Lapin added.