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Public Act 100-0097


Public Act 0097 100TH GENERAL ASSEMBLY



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    (Section scheduled to be repealed on January 1, 2021)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
    "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
    "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
    "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
    "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
    "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
    "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
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)

Effective Date: 1/1/2018