93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4220


 
Introduced 1/26/2004, by Brent Hassert
 
SYNOPSIS AS INTRODUCED:
 		













815 ILCS 318/5










    Amends the Companion Animal Cremation Act.  Provides that a "private individual cremation" means a cremation process in which only one companion animal at a time is cremated in the incinerator.  Deletes language providing that an "individually partitioned cremation" means a cremation process in which only one companion animal at a time is cremated in the incinerator.




















LRB093 18920 RXD 44655 b




















 


 


A BILL FOR









 














HB4220

LRB093 18920 RXD 44655 b









1
    AN ACT in relation to business transactions.

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 

 
4
    Section 5. The Companion Animal Cremation Act is amended  by 
5
changing Section 5 as follows:
 



6
    (815 ILCS 318/5)


7
    Sec. 5. Definitions. For the purposes of this Act, unless 
8
the context
indicates otherwise:

9
    "Companion animal" or "animal" means a deceased animal that 
10
had a companion
or pet relationship with an owner at the time 
11
of the animal's death.

12
    "Provider of companion animal cremation services" or 
13
"provider" means
a person, company, or other entity engaging in 
14
the business of cremating
deceased companion animals in 
15
Illinois.

16
    "Cremation remains" means the material remaining after the 
17
cremation of an
animal, which may include ashes, skeletal 
18
remains, and other residue resulting
from the incineration 
19
process, and may be pulverized or otherwise processed by
the 
20
provider of cremation services.

21
    "Private individual cremation" means a cremation process 
22
in which only one companion animal at a time is cremated in the 
23
incinerator.

24
    "Individually partitioned cremation" means a cremation 
25
process in which
either (i) only one companion animal at a time 
26
is cremated in the incinerator
or (ii) more than one companion 
27
animal is cremated in the incinerator at the
same time, but 
28
each of the animals is completely separated from the others
by 
29
floor to ceiling partitions during the cremation process; and 
30
in which the commingling of
significant amounts of cremation 
31
remains from different animals is unlikely
to occur.

32
    "Communal cremation" means a cremation process in which 
 


 









HB4220
- 2 -
LRB093 18920 RXD 44655 b







1
companion animals
are cremated together without effective 
2
partitions or separation during the
cremation process, and in 
3
which the commingling of significant amounts of
cremation 
4
remains from different animals is likely or certain to occur.

5
    "Commingling of significant amounts of cremation remains 
6
from different
animals" means that specific cremation remains 
7
cannot be attributed to a
particular animal, or that the 
8
cremation remains attributed to one companion
animal contain 
9
more than 1% by weight of cremation remains from one or more

10
other companion animals.  The presence, in the cremation remains 
11
of a companion
animal, of the remains of any creature that was 
12
contained within the body of
that animal at the time of 
13
cremation (including parasites, insects, and food or
creatures 
14
eaten by that companion animal) does not constitute 
15
"commingling"
for the purposes of this Act.

16
    A person or business entity is deemed to refer animal 
17
owners or bring
business to a provider "on a regular basis" if 
18
the person or entity (i) has an
ongoing contractual or agency 
19
relationship with the provider relating to the
cremation of 
20
companion animals, (ii) receives any compensation or 
21
consideration
from the provider or animal owners relating to 
22
the cremation of companion
animals by the provider, or (iii) 
23
refers or brings to the provider the business
of more than 5 
24
animal owners in an average month.

25
(Source: P.A. 92-287, eff. 1-1-02.)