Public Act 100-0097
 
SB1586 EnrolledLRB100 07930 SLF 18003 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Crematory Regulation Act is amended  by 
changing Section 5 as follows:
 


    (410 ILCS 18/5)




    (Section scheduled to be repealed on January 1, 2021)
    Sec. 5. Definitions. As used in this Act:

    "Address of record" means the designated address recorded 
by the Comptroller in the applicant's or licensee's application 
file or license file. It is the duty of the applicant or 
licensee to inform the Comptroller of any change of address 
within 14 days, and such changes must be made either through 
the Comptroller's website or by contacting the Comptroller. The 
address of record shall be the permanent street address of the 
crematory. 
    "Alternative container" means a receptacle, other than a 
casket, in
which human remains are transported to the crematory 
and placed in the
cremation chamber for cremation.  An 
alternative container shall be
(i) composed of readily 
combustible or consumable materials suitable for cremation, 
(ii) able
to be closed in order to provide a complete covering 
for the human remains,
(iii) resistant to leakage or spillage, 
(iv) rigid enough for handling with
ease, and (v) able to 
provide protection for the health, safety, and personal

integrity of crematory personnel.

    "Authorizing agent" means a person legally entitled to 
order the cremation and final
disposition of specific human 
remains.

    "Body parts" means limbs or other portions of the anatomy 
that are
removed from a person or human remains for medical 
purposes during treatment,
surgery, biopsy, autopsy, or 
medical research; or human bodies or any portion
of bodies that 
have been donated to science for medical research purposes.

    "Burial transit permit" means a permit for disposition of a 
dead human
body as required by Illinois law.

    "Casket" means a rigid container that is designed for the 
encasement of human
remains, is usually constructed of wood, 
metal, or like material and ornamented
and lined with fabric, 
and may or may not be combustible.


    "Comptroller" means the Comptroller of the State of 
Illinois.

    "Cremated remains" means all human remains recovered after 
the completion
of the cremation, which may possibly include the 
residue of any foreign matter
including casket material, 
bridgework, or eyeglasses, that  was cremated with
the human 
remains.

    "Cremation" means the technical process, using heat and 
flame, or alkaline hydrolysis that
reduces human remains to 
bone fragments.  The reduction takes place through
heat and 
evaporation or through hydrolysis. Cremation shall include the 
processing, and  may include
the pulverization, of the bone 
fragments.

    "Cremation chamber" means the enclosed space within which 
the  cremation
takes place.

    "Cremation interment container" means a rigid outer 
container that,
subject to a cemetery's rules and regulations, 
is composed of concrete, steel,
fiberglass, or some similar 
material in which an urn is placed prior to being
interred in 
the ground, and which is designed to withstand prolonged 
exposure
to the elements and to support  the earth above the 
urn.

    "Cremation room" means the room in which the cremation 
chamber is located.

    "Crematory" means the building or portion of a building 
that houses the
cremation room and the holding facility.

    "Crematory authority" means the legal entity which is 
licensed by
the Comptroller to
operate a crematory and to 
perform cremations.


    "Final disposition" means the burial, cremation, or other 
disposition of
a dead human body or parts of a dead human body.

    "Funeral director" means a person known by the title of 
"funeral
director", "funeral director and embalmer", or other 
similar words or
titles, licensed by the State to practice 
funeral directing or funeral
directing and embalming.

    "Funeral establishment" means a building or separate 
portion of a building
having a specific street address and 
location and devoted to activities
relating to the shelter, 
care, custody, and preparation of a deceased human
body and may 
contain facilities for funeral or wake  services.

    "Holding facility" means an area that (i) is designated for 
the retention of
human remains prior to cremation, (ii) 
complies with all applicable public
health law, (iii) preserves 
the  health and safety of the crematory authority
personnel, and 
(iv) is secure from access by anyone other than authorized

persons.  A holding facility may be located in a cremation room.

    "Human remains" means the body of a deceased person, 
including
any form of body prosthesis that has been permanently 
attached or
implanted in the body.

    "Licensee" means an entity licensed under this Act.  An 
entity that holds itself as a licensee or that is accused of 
unlicensed practice is considered a licensee for purposes of 
enforcement, investigation, hearings, and the Illinois 
Administrative Procedure Act. 
    "Niche" means a compartment or cubicle for the 
memorialization and permanent
placement of an urn containing 
cremated remains.

    "Person" means any person, partnership, association, 
corporation, limited liability company, or other entity, and in 
the case of any such business organization, its officers, 
partners, members, or shareholders possessing 25% or more of 
ownership of the entity. 
    "Processing" means the reduction of identifiable bone 
fragments after the
completion of the cremation process to 
unidentifiable bone fragments by manual
or mechanical means.

    "Pulverization" means the reduction of identifiable bone 
fragments after the
completion of the cremation process to 
granulated particles by  manual or
mechanical means.

    "Scattering area" means an area which may be designated by 
a cemetery and
located on dedicated cemetery property or 
property used for outdoor recreation or natural resource 
conservation owned by the Department of Natural Resources and 
designated as a scattering area, where cremated remains, which 
have been
removed
from their container, can be mixed with, or 
placed on top of, the soil or
ground cover.

    "Temporary container" means a receptacle for cremated

remains, usually composed of cardboard, plastic or similar 
material, that
can be closed in a manner that prevents the 
leakage or spillage of the
cremated remains or the entrance of 
foreign material, and is a single
container of sufficient size 
to hold the cremated remains until an urn is
acquired or the 
cremated remains are scattered.

    "Urn" means a receptacle
designed to encase the  cremated 
remains.

(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)