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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Crematory Regulation Act is amended by | |||||||||||||||||||
5 | changing Section 5 as follows:
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6 | (410 ILCS 18/5)
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7 | (Section scheduled to be repealed on January 1, 2024) | |||||||||||||||||||
8 | Sec. 5. Definitions. As used in this Act:
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9 | "Address of record" means the designated address recorded | |||||||||||||||||||
10 | by the Comptroller in the applicant's or licensee's | |||||||||||||||||||
11 | application file or license file. It is the duty of the | |||||||||||||||||||
12 | applicant or licensee to inform the Comptroller of any change | |||||||||||||||||||
13 | of address within 14 days, and such changes must be made either | |||||||||||||||||||
14 | through the Comptroller's website or by contacting the | |||||||||||||||||||
15 | Comptroller. The address of record shall be the permanent | |||||||||||||||||||
16 | street address of the crematory. | |||||||||||||||||||
17 | "Alternative container" means a receptacle, other than a | |||||||||||||||||||
18 | casket, in
which human remains are transported to the | |||||||||||||||||||
19 | crematory and placed in the
cremation chamber for cremation. | |||||||||||||||||||
20 | An alternative container shall be
(i) composed of readily | |||||||||||||||||||
21 | combustible or consumable materials suitable for cremation, | |||||||||||||||||||
22 | (ii) able
to be closed in order to provide a complete covering | |||||||||||||||||||
23 | for the human remains,
(iii) resistant to leakage or spillage, |
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1 | (iv) rigid enough for handling with
ease, and (v) able to | ||||||
2 | provide protection for the health, safety, and personal
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3 | integrity of crematory personnel.
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4 | "Authorizing agent" means a person legally entitled to | ||||||
5 | order the cremation and final
disposition of specific human | ||||||
6 | remains. "Authorizing agent" includes an institution of | ||||||
7 | medical, mortuary, or other sciences as provided in Section 20 | ||||||
8 | of the Disposition of Remains of the Indigent Act.
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9 | "Body parts" means limbs or other portions of the anatomy | ||||||
10 | that are
removed from a person or human remains for medical | ||||||
11 | purposes during treatment,
surgery, biopsy, autopsy, or | ||||||
12 | medical research; or human bodies or any portion
of bodies | ||||||
13 | that have been donated to science for medical research | ||||||
14 | purposes.
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15 | "Burial transit permit" means a permit for disposition of | ||||||
16 | a dead human
body as required by Illinois law.
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17 | "Casket" means a rigid container that is designed for the | ||||||
18 | encasement of human
remains, is usually constructed of wood, | ||||||
19 | metal, or like material and ornamented
and lined with fabric, | ||||||
20 | and may or may not be combustible.
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21 | "Comptroller" means the Comptroller of the State of | ||||||
22 | Illinois.
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23 | "Cremated remains" means all human remains recovered after | ||||||
24 | the completion
of the cremation, which may possibly include | ||||||
25 | the residue of any foreign matter
including casket material, | ||||||
26 | bridgework, or eyeglasses, that was cremated with
the human |
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1 | remains.
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2 | "Cremation" means the technical process, using heat and | ||||||
3 | flame, or alkaline hydrolysis that
reduces human remains to | ||||||
4 | bone fragments. The reduction takes place through
heat and | ||||||
5 | evaporation or through hydrolysis. Cremation shall include the | ||||||
6 | processing, and may include
the pulverization, of the bone | ||||||
7 | fragments. "Cremation" also means natural organic reduction.
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8 | "Cremation chamber" means the enclosed space within which | ||||||
9 | the cremation
takes place.
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10 | "Cremation interment container" means a rigid outer | ||||||
11 | container that,
subject to a cemetery's rules and regulations, | ||||||
12 | is composed of concrete, steel,
fiberglass, or some similar | ||||||
13 | material in which an urn is placed prior to being
interred in | ||||||
14 | the ground, and which is designed to withstand prolonged | ||||||
15 | exposure
to the elements and to support the earth above the | ||||||
16 | urn.
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17 | "Cremation room" means the room in which the cremation | ||||||
18 | chamber is located.
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19 | "Crematory" means the building or portion of a building | ||||||
20 | that houses the
cremation room and the holding facility.
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21 | "Crematory authority" means the legal entity which is | ||||||
22 | licensed by
the Comptroller to
operate a crematory and to | ||||||
23 | perform cremations.
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24 | "Final disposition" means the burial, cremation, or other | ||||||
25 | disposition of
a dead human body or parts of a dead human body.
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26 | "Funeral director" means a person known by the title of |
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1 | "funeral
director", "funeral director and embalmer", or other | ||||||
2 | similar words or
titles, licensed by the State to practice | ||||||
3 | funeral directing or funeral
directing and embalming.
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4 | "Funeral establishment" means a building or separate | ||||||
5 | portion of a building
having a specific street address and | ||||||
6 | location and devoted to activities
relating to the shelter, | ||||||
7 | care, custody, and preparation of a deceased human
body and | ||||||
8 | may contain facilities for funeral or wake services.
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9 | "Holding facility" means an area that (i) is designated | ||||||
10 | for the retention of
human remains prior to cremation, (ii) | ||||||
11 | complies with all applicable public
health law, (iii) | ||||||
12 | preserves the health and safety of the crematory authority
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13 | personnel, and (iv) is secure from access by anyone other than | ||||||
14 | authorized
persons. A holding facility may be located in a | ||||||
15 | cremation room.
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16 | "Human remains" means the body of a deceased person, | ||||||
17 | including
any form of body prosthesis that has been | ||||||
18 | permanently attached or
implanted in the body.
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19 | "Licensee" means an entity licensed under this Act. An | ||||||
20 | entity that holds itself as a licensee or that is accused of | ||||||
21 | unlicensed practice is considered a licensee for purposes of | ||||||
22 | enforcement, investigation, hearings, and the Illinois | ||||||
23 | Administrative Procedure Act. | ||||||
24 | "Natural organic reduction" means the contained, | ||||||
25 | accelerated conversion of human remains to soil. | ||||||
26 | "Niche" means a compartment or cubicle for the |
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1 | memorialization and permanent
placement of an urn containing | ||||||
2 | cremated remains.
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3 | "Person" means any person, partnership, association, | ||||||
4 | corporation, limited liability company, or other entity, and | ||||||
5 | in the case of any such business organization, its officers, | ||||||
6 | partners, members, or shareholders possessing 25% or more of | ||||||
7 | ownership of the entity. | ||||||
8 | "Processing" means the reduction of identifiable bone | ||||||
9 | fragments after the
completion of the cremation process to | ||||||
10 | unidentifiable bone fragments by manual
or mechanical means.
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11 | "Pulverization" means the reduction of identifiable bone | ||||||
12 | fragments after the
completion of the cremation process to | ||||||
13 | granulated particles by manual or
mechanical means.
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14 | "Scattering area" means an area which may be designated by | ||||||
15 | a cemetery and
located on dedicated cemetery property or | ||||||
16 | property used for outdoor recreation or natural resource | ||||||
17 | conservation owned by the Department of Natural Resources and | ||||||
18 | designated as a scattering area, where cremated remains, which | ||||||
19 | have been
removed
from their container, can be mixed with, or | ||||||
20 | placed on top of, the soil or
ground cover.
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21 | "Temporary container" means a receptacle for cremated
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22 | remains, usually composed of cardboard, plastic or similar | ||||||
23 | material, that
can be closed in a manner that prevents the | ||||||
24 | leakage or spillage of the
cremated remains or the entrance of | ||||||
25 | foreign material, and is a single
container of sufficient size | ||||||
26 | to hold the cremated remains until an urn is
acquired or the |
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1 | cremated remains are scattered.
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2 | "Urn" means a receptacle
designed to encase the cremated | ||||||
3 | remains.
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4 | (Source: P.A. 100-97, eff. 1-1-18; 100-526, eff. 6-1-18; | ||||||
5 | 100-863, eff. 8-14-18 .)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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