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| Public Act 100-0097 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Crematory Regulation Act is amended by | ||||
changing Section 5 as follows:
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(410 ILCS 18/5)
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(Section scheduled to be repealed on January 1, 2021) | ||||
Sec. 5. Definitions. As used in this Act:
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"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
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integrity of crematory personnel.
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"Authorizing agent" means a person legally entitled to | ||
order the cremation and final
disposition of specific human | ||
remains.
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"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.
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"Burial transit permit" means a permit for disposition of a | ||
dead human
body as required by Illinois law.
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"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.
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"Comptroller" means the Comptroller of the State of | ||
Illinois.
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"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.
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"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.
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"Cremation chamber" means the enclosed space within which | ||
the cremation
takes place.
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"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.
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"Cremation room" means the room in which the cremation | ||
chamber is located.
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"Crematory" means the building or portion of a building | ||
that houses the
cremation room and the holding facility.
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"Crematory authority" means the legal entity which is | ||
licensed by
the Comptroller to
operate a crematory and to | ||
perform cremations.
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"Final disposition" means the burial, cremation, or other | ||
disposition of
a dead human body or parts of a dead human body.
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"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.
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"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.
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"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
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persons. A holding facility may be located in a cremation room.
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"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.
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"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.
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"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.
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"Pulverization" means the reduction of identifiable bone | ||
fragments after the
completion of the cremation process to | ||
granulated particles by manual or
mechanical means.
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"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.
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"Temporary container" means a receptacle for cremated
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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.
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"Urn" means a receptacle
designed to encase the cremated | ||
remains.
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(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
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