Full Text of SB1586 100th General Assembly
SB1586enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Crematory Regulation Act is amended by | 5 | | changing Section 5 as follows:
| 6 | | (410 ILCS 18/5)
| 7 | | (Section scheduled to be repealed on January 1, 2021) | 8 | | Sec. 5. Definitions. As used in this Act:
| 9 | | "Address of record" means the designated address recorded | 10 | | by the Comptroller in the applicant's or licensee's application | 11 | | file or license file. It is the duty of the applicant or | 12 | | licensee to inform the Comptroller of any change of address | 13 | | within 14 days, and such changes must be made either through | 14 | | the Comptroller's website or by contacting the Comptroller. The | 15 | | address of record shall be the permanent street address of the | 16 | | crematory. | 17 | | "Alternative container" means a receptacle, other than a | 18 | | casket, in
which human remains are transported to the crematory | 19 | | and placed in the
cremation chamber for cremation. An | 20 | | 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
| 3 | | integrity of crematory personnel.
| 4 | | "Authorizing agent" means a person legally entitled to | 5 | | order the cremation and final
disposition of specific human | 6 | | remains.
| 7 | | "Body parts" means limbs or other portions of the anatomy | 8 | | that are
removed from a person or human remains for medical | 9 | | purposes during treatment,
surgery, biopsy, autopsy, or | 10 | | medical research; or human bodies or any portion
of bodies that | 11 | | have been donated to science for medical research purposes.
| 12 | | "Burial transit permit" means a permit for disposition of a | 13 | | dead human
body as required by Illinois law.
| 14 | | "Casket" means a rigid container that is designed for the | 15 | | encasement of human
remains, is usually constructed of wood, | 16 | | metal, or like material and ornamented
and lined with fabric, | 17 | | and may or may not be combustible.
| 18 | | "Comptroller" means the Comptroller of the State of | 19 | | Illinois.
| 20 | | "Cremated remains" means all human remains recovered after | 21 | | the completion
of the cremation, which may possibly include the | 22 | | residue of any foreign matter
including casket material, | 23 | | bridgework, or eyeglasses, that was cremated with
the human | 24 | | remains.
| 25 | | "Cremation" means the technical process, using heat and | 26 | | flame, or alkaline hydrolysis that
reduces human remains to |
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| 1 | | bone fragments. The reduction takes place through
heat and | 2 | | evaporation or through hydrolysis. Cremation shall include the | 3 | | processing, and may include
the pulverization, of the bone | 4 | | fragments.
| 5 | | "Cremation chamber" means the enclosed space within which | 6 | | the cremation
takes place.
| 7 | | "Cremation interment container" means a rigid outer | 8 | | container that,
subject to a cemetery's rules and regulations, | 9 | | is composed of concrete, steel,
fiberglass, or some similar | 10 | | material in which an urn is placed prior to being
interred in | 11 | | the ground, and which is designed to withstand prolonged | 12 | | exposure
to the elements and to support the earth above the | 13 | | urn.
| 14 | | "Cremation room" means the room in which the cremation | 15 | | chamber is located.
| 16 | | "Crematory" means the building or portion of a building | 17 | | that houses the
cremation room and the holding facility.
| 18 | | "Crematory authority" means the legal entity which is | 19 | | licensed by
the Comptroller to
operate a crematory and to | 20 | | perform cremations.
| 21 | | "Final disposition" means the burial, cremation, or other | 22 | | disposition of
a dead human body or parts of a dead human body.
| 23 | | "Funeral director" means a person known by the title of | 24 | | "funeral
director", "funeral director and embalmer", or other | 25 | | similar words or
titles, licensed by the State to practice | 26 | | funeral directing or funeral
directing and embalming.
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| 1 | | "Funeral establishment" means a building or separate | 2 | | portion of a building
having a specific street address and | 3 | | location and devoted to activities
relating to the shelter, | 4 | | care, custody, and preparation of a deceased human
body and may | 5 | | contain facilities for funeral or wake services.
| 6 | | "Holding facility" means an area that (i) is designated for | 7 | | the retention of
human remains prior to cremation, (ii) | 8 | | complies with all applicable public
health law, (iii) preserves | 9 | | the health and safety of the crematory authority
personnel, and | 10 | | (iv) is secure from access by anyone other than authorized
| 11 | | persons. A holding facility may be located in a cremation room.
| 12 | | "Human remains" means the body of a deceased person, | 13 | | including
any form of body prosthesis that has been permanently | 14 | | attached or
implanted in the body.
| 15 | | "Licensee" means an entity licensed under this Act. An | 16 | | entity that holds itself as a licensee or that is accused of | 17 | | unlicensed practice is considered a licensee for purposes of | 18 | | enforcement, investigation, hearings, and the Illinois | 19 | | Administrative Procedure Act. | 20 | | "Niche" means a compartment or cubicle for the | 21 | | memorialization and permanent
placement of an urn containing | 22 | | cremated remains.
| 23 | | "Person" means any person, partnership, association, | 24 | | corporation, limited liability company, or other entity, and in | 25 | | the case of any such business organization, its officers, | 26 | | partners, members, or shareholders possessing 25% or more of |
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| 1 | | ownership of the entity. | 2 | | "Processing" means the reduction of identifiable bone | 3 | | fragments after the
completion of the cremation process to | 4 | | unidentifiable bone fragments by manual
or mechanical means.
| 5 | | "Pulverization" means the reduction of identifiable bone | 6 | | fragments after the
completion of the cremation process to | 7 | | granulated particles by manual or
mechanical means.
| 8 | | "Scattering area" means an area which may be designated by | 9 | | a cemetery and
located on dedicated cemetery property or | 10 | | property used for outdoor recreation or natural resource | 11 | | conservation owned by the Department of Natural Resources and | 12 | | designated as a scattering area, where cremated remains, which | 13 | | have been
removed
from their container, can be mixed with, or | 14 | | placed on top of, the soil or
ground cover.
| 15 | | "Temporary container" means a receptacle for cremated
| 16 | | remains, usually composed of cardboard, plastic or similar | 17 | | material, that
can be closed in a manner that prevents the | 18 | | leakage or spillage of the
cremated remains or the entrance of | 19 | | foreign material, and is a single
container of sufficient size | 20 | | to hold the cremated remains until an urn is
acquired or the | 21 | | cremated remains are scattered.
| 22 | | "Urn" means a receptacle
designed to encase the cremated | 23 | | remains.
| 24 | | (Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
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