Illinois General Assembly - Full Text of HB1367
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB1367  103rd General Assembly

HB1367 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1367

 

Introduced 1/31/2023, by Rep. Anthony DeLuca

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 18/5
410 ILCS 18/20
410 ILCS 18/25
410 ILCS 18/40

    Amends the Crematory Regulation Act. Provides that a "temporary container" is, among other things, a single container of sufficient size to hold cremated remains only until an urn is acquired. Provides that a funeral director (rather than a crematory authority or authorizing agent) has responsibilities specified throughout the Act. Provides that a crematory authority shall not cremate human remains until it has received, among other things, the name of the funeral establishment or cemetery (rather than the person) authorized to receive the cremated remains from the crematory authority and the manner in which final disposition of the cremated remains is to take place, whether it be burial, entombment, or inurnment in a cemetery. Provides that cremated remains must (rather than may) be disposed of by placing them in a grave, crypt, or niche in a designated cemetery. Removes language authorizing a crematory authority to dispose of cremated remains in a specified manner if the authorizing agent has not, within 60 days following the date of the cremation, instructed the crematory authority to arrange for the final disposition of the remains or claimed the remains. Removes language allowing for the disposal of cremated remains commingled with those of another person when scattering cremated remains at sea, by air, or in an area located in a dedicated cemetery and used exclusively for those purposes. Provides that an authorizing agent has the right to request and retain up to 8 ounces of cremated remains for memorialization before final disposition of the remains and requires funeral directors to notify an authorizing agent of that right. Makes other changes.


LRB103 25732 CPF 52081 b

 

 

A BILL FOR

 

HB1367LRB103 25732 CPF 52081 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Crematory Regulation Act is amended by
5changing Sections 5, 20, 25, and 40 as follows:
 
6    (410 ILCS 18/5)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 5. Definitions. As used in this Act:
9    "Address of record" means the designated address recorded
10by the Comptroller in the applicant's or licensee's
11application file or license file. It is the duty of the
12applicant or licensee to inform the Comptroller of any change
13of address within 14 days, and such changes must be made either
14through the Comptroller's website or by contacting the
15Comptroller. The address of record shall be the permanent
16street address of the crematory.
17    "Alternative container" means a receptacle, other than a
18casket, in which human remains are transported to the
19crematory and placed in the cremation chamber for cremation.
20An alternative container shall be (i) composed of readily
21combustible or consumable materials suitable for cremation,
22(ii) able to be closed in order to provide a complete covering
23for the human remains, (iii) resistant to leakage or spillage,

 

 

HB1367- 2 -LRB103 25732 CPF 52081 b

1(iv) rigid enough for handling with ease, and (v) able to
2provide protection for the health, safety, and personal
3integrity of crematory personnel.
4    "Authorizing agent" means a person legally entitled to
5designate a cemetery for the burial, entombment, or inurnment
6of cremated remains in a designated cemetery and to order the
7cremation and final disposition of specific human remains.
8"Authorizing agent" includes an institution of medical,
9mortuary, or other sciences as provided in Section 20 of the
10Disposition of Remains of the Indigent Act.
11    "Body parts" means limbs or other portions of the anatomy
12that are removed from a person or human remains for medical
13purposes during treatment, surgery, biopsy, autopsy, or
14medical research; or human bodies or any portion of bodies
15that have been donated to science for medical research
16purposes.
17    "Burial transit permit" means a permit for disposition of
18a dead human body or fully intact or cremated remains to a
19cemetery for burial, entombment, or inurnment as required by
20Illinois law.
21    "Casket" means a rigid container that is designed for the
22encasement of human remains, is usually constructed of wood,
23metal, or like material and ornamented and lined with fabric,
24and may or may not be combustible.
25    "Comptroller" means the Comptroller of the State of
26Illinois.

 

 

HB1367- 3 -LRB103 25732 CPF 52081 b

1    "Cremated remains" means all human remains recovered after
2the completion of the cremation, which may possibly include
3the residue of any foreign matter including casket material,
4bridgework, or eyeglasses, that was cremated with the human
5remains.
6    "Cremation" means the technical process, using heat and
7flame, or alkaline hydrolysis that reduces human remains to
8bone fragments. The reduction takes place through heat and
9evaporation or through hydrolysis. Cremation shall include the
10processing, and may include the pulverization, of the bone
11fragments.
12    "Cremation chamber" means the enclosed space within which
13the cremation takes place.
14    "Cremation interment container" means a rigid outer
15container that, subject to a cemetery's rules and regulations,
16is composed of concrete, steel, fiberglass, or some similar
17material in which an urn is placed prior to being interred in
18the ground, and which is designed to withstand prolonged
19exposure to the elements and to support the earth above the
20urn.
21    "Cremation room" means the room in which the cremation
22chamber is located.
23    "Crematory" means the building or portion of a building
24that houses the cremation room and the holding facility.
25    "Crematory authority" means the legal entity which is
26licensed by the Comptroller to operate a crematory and to

 

 

HB1367- 4 -LRB103 25732 CPF 52081 b

1perform cremations.
2    "Final disposition" means the burial, entombment, or
3inurnment in a cemetery of a dead human body or parts of a dead
4human body, whether fully intact or cremated cremation, or
5other disposition of a dead human body or parts of a dead human
6body.
7    "Funeral director" means a person known by the title of
8"funeral director", "funeral director and embalmer", or other
9similar words or titles, licensed by the State to practice
10funeral directing or funeral directing and embalming and
11charged with the responsibility of final disposition of all
12human remains, whether fully intact or cremated, in a
13cemetery.
14    "Funeral establishment" means a building or separate
15portion of a building having a specific street address and
16location and devoted to activities relating to the shelter,
17care, custody, and preparation of a deceased human body and
18may contain facilities for funeral or wake services.
19    "Holding facility" means an area that (i) is designated
20for the retention of human remains prior to cremation, (ii)
21complies with all applicable public health law, (iii)
22preserves the health and safety of the crematory authority
23personnel, and (iv) is secure from access by anyone other than
24authorized persons. A holding facility may be located in a
25cremation room.
26    "Human remains" means the body of a deceased person,

 

 

HB1367- 5 -LRB103 25732 CPF 52081 b

1including any form of body prosthesis that has been
2permanently attached or implanted in the body.
3    "Licensee" means an entity licensed under this Act. An
4entity that holds itself as a licensee or that is accused of
5unlicensed practice is considered a licensee for purposes of
6enforcement, investigation, hearings, and the Illinois
7Administrative Procedure Act.
8    "Niche" means a compartment or cubicle for the
9memorialization and permanent placement of an urn containing
10cremated remains.
11    "Person" means any person, partnership, association,
12corporation, limited liability company, or other entity, and
13in the case of any such business organization, its officers,
14partners, members, or shareholders possessing 25% or more of
15ownership of the entity.
16    "Processing" means the reduction of identifiable bone
17fragments after the completion of the cremation process to
18unidentifiable bone fragments by manual or mechanical means.
19    "Pulverization" means the reduction of identifiable bone
20fragments after the completion of the cremation process to
21granulated particles by manual or mechanical means.
22    "Scattering" means the process of removing cremated
23remains from a container and mixing them with or placing them
24on top of the soil or ground cover in a scattering area.
25    "Scattering area" means an area which may be (i)
26designated by a cemetery and located on dedicated cemetery

 

 

HB1367- 6 -LRB103 25732 CPF 52081 b

1property, (ii) private property of a consenting owner, or
2property used for outdoor recreation or (iii) natural resource
3conservation property owned by the Department of Natural
4Resources and designated as a scattering area, where cremated
5remains, which have been removed from their container, can be
6mixed with, or placed on top of, the soil or ground cover.
7    "Temporary container" means a receptacle for cremated
8remains, usually composed of cardboard, plastic, or similar
9material, that can be closed in a manner that prevents the
10leakage or spillage of the cremated remains or the entrance of
11foreign material, and is a single container of sufficient size
12to hold the cremated remains until an urn is acquired or the
13cremated remains are scattered.
14    "Urn" means a receptacle designed to encase the cremated
15remains.
16(Source: P.A. 100-97, eff. 1-1-18; 100-526, eff. 6-1-18;
17100-863, eff. 8-14-18.)
 
18    (410 ILCS 18/20)
19    (Section scheduled to be repealed on January 1, 2024)
20    Sec. 20. Authorization to cremate.
21    (a) A crematory authority shall not cremate human remains
22until it has received all of the following:
23        (1) A cremation authorization form signed, in either
24    paper or electronic format, by an authorizing agent. The
25    cremation authorization form shall be provided by the

 

 

HB1367- 7 -LRB103 25732 CPF 52081 b

1    crematory authority and shall contain, at a minimum, the
2    following information:
3            (A) The identity of the human remains and the time
4        and date of death.
5            (B) The name of the funeral director and funeral
6        establishment, if applicable, that obtained the
7        cremation authorization.
8            (C) Notification as to whether the death occurred
9        from a disease declared by the Department of Health to
10        be infectious, contagious, communicable, or dangerous
11        to the public health.
12            (D) The name of the authorizing agent and the
13        relationship between the authorizing agent and the
14        decedent.
15            (E) A representation that the authorizing agent
16        does in fact have the right to authorize the cremation
17        of the decedent, and that the authorizing agent is not
18        aware of any living person who has a superior priority
19        right to that of the authorizing agent, as set forth in
20        Section 15. In the event there is another living
21        person who has a superior priority right to that of the
22        authorizing agent, the form shall contain a
23        representation that the authorizing agent has made all
24        reasonable efforts to contact that person, has been
25        unable to do so, and has no reason to believe that the
26        person would object to the cremation of the decedent.

 

 

HB1367- 8 -LRB103 25732 CPF 52081 b

1            (F) Authorization for the crematory authority to
2        cremate the human remains.
3            (G) A representation that the human remains do not
4        contain a pacemaker or any other material or implant
5        that may be potentially hazardous or cause damage to
6        the cremation chamber or the person performing the
7        cremation.
8            (H) The name of the cemetery person authorized to
9        receive the cremated remains from the funeral director
10        crematory authority.
11            (I) The manner in which final disposition of the
12        cremated remains is to take place, whether it be
13        burial, entombment, or inurnment in a cemetery if
14        known. If the cremation authorization form does not
15        specify final disposition in a grave, crypt, niche, or
16        scattering area, then the form may indicate that the
17        cremated remains will be held by the crematory
18        authority for 30 days before they are released, unless
19        they are picked up from the crematory authority prior
20        to that time, in person, by the authorizing agent. At
21        the end of the 30 days the crematory authority may
22        return the cremated remains to the authorizing agent
23        if no final disposition arrangements are made; or at
24        the end of 60 days the crematory authority may dispose
25        of the cremated remains in accordance with subsection
26        (d) of Section 40.

 

 

HB1367- 9 -LRB103 25732 CPF 52081 b

1            (J) A listing of any items of value to be delivered
2        to the crematory authority along with the human
3        remains, and instructions as to how the items should
4        be handled.
5            (K) A specific statement as to whether the
6        authorizing agent has made arrangements for any type
7        of viewing of the decedent before cremation, or for a
8        service with the decedent present before cremation in
9        connection with the cremation, and if so, the date and
10        time of the viewing or service and whether the
11        crematory authority is authorized to proceed with the
12        cremation upon receipt of the human remains.
13            (L) The signature, in either paper or electronic
14        format, of the authorizing agent, attesting to the
15        accuracy of all representations contained on the
16        cremation authorization form, except as set forth in
17        paragraph (M) of this subsection.
18            (M) If a cremation authorization form is being
19        executed on a pre-need basis, the cremation
20        authorization form shall contain the disclosure
21        required by subsection (b) of Section 140.
22            (N) The cremation authorization form, other than
23        pre-need cremation forms, shall also be signed, in
24        either paper or electronic format, by a funeral
25        director or other representative of the funeral
26        establishment that obtained the cremation

 

 

HB1367- 10 -LRB103 25732 CPF 52081 b

1        authorization. That individual shall merely execute
2        the cremation authorization form as a witness and
3        shall not be responsible for any of the
4        representations made by the authorizing agent, unless
5        the individual has actual knowledge to the contrary.
6        The information requested by items (A), (B), (C) and
7        (G) of this subsection, however, shall be considered
8        to be representations of the authorizing agent. In
9        addition, the funeral director or funeral
10        establishment shall warrant to the crematory that the
11        human remains delivered to the crematory authority are
12        the human remains identified on the cremation
13        authorization form.
14        (2) A completed and executed burial transit permit
15    indicating that the human remains are to be cremated.
16        (3) Any other documentation required by this State.
17    (b) If an authorizing agent is not available to execute a
18cremation authorization form in person, that person may
19delegate that authority to another person in writing, or by
20sending the crematory authority a facsimile transmission that
21contains the name, address, and relationship of the sender to
22the decedent and the name and address of the individual to whom
23authority is delegated. Upon receipt of the written document,
24or facsimile transmission, telegram, or other electronic
25telecommunications transmission which specifies the individual
26to whom authority has been delegated, the crematory authority

 

 

HB1367- 11 -LRB103 25732 CPF 52081 b

1shall allow this individual to serve as the authorizing agent
2and to execute the cremation authorization form. The crematory
3authority shall be entitled to rely upon the cremation
4authorization form without liability.
5    (c) An authorizing agent who signs, in either paper or
6electronic format, a cremation authorization form shall be
7deemed to warrant the truthfulness of any facts set forth on
8the cremation authorization form, including that person's
9authority to order the cremation; except for the information
10required by items (C) and (G) of paragraph (1) of subsection
11(a) of this Section, unless the authorizing agent has actual
12knowledge to the contrary. An authorizing agent signing, in
13either paper or electronic format, a cremation authorization
14form shall be personally and individually liable for all
15damages occasioned by and resulting from authorizing the
16cremation.
17    (d) A crematory authority shall have authority to cremate
18human remains upon the receipt of a cremation authorization
19form signed, in either paper or electronic format, by an
20authorizing agent. There shall be no liability for a crematory
21authority that cremates human remains according to an
22authorization, or that releases or disposes of the cremated
23remains according to an authorization, except for a crematory
24authority's gross negligence, provided that the crematory
25authority performs its functions in compliance with this Act.
26    (e) After an authorizing agent has executed a cremation

 

 

HB1367- 12 -LRB103 25732 CPF 52081 b

1authorization form, the authorizing agent may revoke the
2authorization and instruct the crematory authority to cancel
3the cremation and to release or deliver the human remains to
4another crematory authority or funeral establishment. The
5instructions shall be provided to the crematory authority in
6writing. A crematory authority shall honor any instructions
7given to it by an authorizing agent under this Section if it
8receives the instructions prior to beginning the cremation of
9the human remains.
10(Source: P.A. 102-824, eff. 1-1-23.)
 
11    (410 ILCS 18/25)
12    (Section scheduled to be repealed on January 1, 2024)
13    Sec. 25. Recordkeeping.
14    (a) The crematory authority shall furnish to the person
15who delivers human remains to the crematory authority a
16receipt signed, in either paper or electronic format, at the
17time of delivery by both the crematory authority and the
18person who delivers the human remains, showing the date and
19time of the delivery, the type of casket or alternative
20container that was delivered, the name of the person from whom
21the human remains were received and the name of the funeral
22establishment or other entity with whom the person is
23affiliated, the name of the person who received the human
24remains on behalf of the crematory authority, and the name of
25the decedent. The crematory shall retain a copy of this

 

 

HB1367- 13 -LRB103 25732 CPF 52081 b

1receipt in its permanent records.
2    (b) Upon its release of cremated remains, the funeral
3director crematory authority shall furnish to the cemetery
4that person who receives the cremated remains from the funeral
5director crematory authority a receipt signed, in either paper
6or electronic format, by both the crematory authority and the
7funeral director person who receives the cremated remains,
8showing the date and time of the release, the name of the
9funeral establishment or cemetery person to which whom the
10cremated remains were released and the name of the funeral
11establishment, cemetery, or other entity with whom the person
12is affiliated, the name of the person who released the
13cremated remains on behalf of the crematory authority, and the
14name of the decedent. The crematory shall retain a copy of this
15receipt in its permanent records.
16    (c) A crematory authority shall maintain at its place of
17business a permanent record of each cremation that took place
18at its facility which shall contain the name of the decedent,
19the date of the cremation, and the final disposition of the
20cremated remains.
21    (d) The crematory authority shall maintain a record of all
22cremated remains disposed of by the crematory authority in
23accordance with subsection (d) of Section 40.
24    (e) Upon completion of the cremation, the funeral director
25crematory authority shall file the burial transit permit as
26required by the Illinois Vital Records Act and rules adopted

 

 

HB1367- 14 -LRB103 25732 CPF 52081 b

1under that Act and the Illinois Counties Code, and transmit a
2photocopy of the burial transit permit along with the cremated
3remains to whoever receives the cremated remains from the
4authorizing agent unless the cremated remains are to be
5interred, entombed, inurned, or placed in a scattering area,
6in which case the crematory authority shall retain a copy of
7the burial transit permit and shall send the permit, along
8with the cremated remains, to the cemetery for interment,
9entombment, or inurnment, which shall file the permit with the
10designated agency after the interment, entombment, or
11inurnment, or scattering has taken place.
12    (f) All cemeteries shall maintain a record of all cremated
13remains that are disposed of on their property, provided that
14the cremated remains were properly transferred to the cemetery
15and the cemetery issued a receipt acknowledging the transfer
16of the cremated remains.
17(Source: P.A. 102-824, eff. 1-1-23.)
 
18    (410 ILCS 18/40)
19    (Section scheduled to be repealed on January 1, 2024)
20    Sec. 40. Disposition of cremated remains.
21    (a) A licensed funeral director The authorizing agent
22shall be responsible for the final disposition of the cremated
23remains by burying, entombing, or inurning the cremated
24remains in a cemetery selected by the authorizing agent.
25    (b) Cremated remains must may be disposed of by placing

 

 

HB1367- 15 -LRB103 25732 CPF 52081 b

1them in a grave, crypt, or niche in a designated cemetery , by
2scattering them in a scattering area as defined in this Act, or
3in any manner whatever on the private property of a consenting
4owner.
5    (c) Upon the completion of the cremation process and
6after , and except as provided for in item (I) of paragraph (1)
7of subsection (a) of Section 20, if the crematory authority
8has not been instructed to arrange for the interment,
9entombment, inurnment, or scattering of the cremated remains,
10the crematory authority shall deliver the cremated remains to
11the individual specified on the cremation authorization form,
12or if no individual is specified then to the authorizing
13agent. The delivery may be made in person or by registered
14mail. Upon receipt of the cremated remains, the individual
15receiving them may transport them in any manner in this State
16without a permit, and may dispose of them in accordance with
17this Section. After delivery, the funeral director crematory
18authority shall be discharged from any legal obligation or
19liability concerning the cremated remains.
20    (d) (Blank). If, after a period of 60 days from the date of
21the cremation, the authorizing agent or the agent's designee
22has not instructed the crematory authority to arrange for the
23final disposition of the cremated remains or claimed the
24cremated remains, the crematory authority may dispose of the
25cremated remains in any manner permitted by this Section. The
26crematory authority, however, shall keep a permanent record

 

 

HB1367- 16 -LRB103 25732 CPF 52081 b

1identifying the site of final disposition. The authorizing
2agent shall be responsible for reimbursing the crematory
3authority for all reasonable expenses incurred in disposing of
4the cremated remains. Upon disposing of the cremated remains,
5the crematory authority shall be discharged from any legal
6obligation or liability concerning the cremated remains. Any
7person who was in possession of cremated remains prior to the
8effective date of this Act may dispose of them in accordance
9with this Section.
10    (e) Except with the express written permission of the
11authorizing agent, no person shall:
12        (1) Dispose of cremated remains in a manner or in a
13    location so that the cremated remains are commingled with
14    those of another person. This prohibition shall not apply
15    to the scattering of cremated remains at sea, by air, or in
16    an area located in a dedicated cemetery and used
17    exclusively for those purposes.
18        (2) Place cremated remains of more than one person in
19    the same temporary container or urn.
20    (f) The authorizing agent has the right to request and
21retain up to 8 ounces of cremated remains, before final
22disposition, for scattering or private memorialization of the
23cremated remains in accordance with this Act. A funeral
24director shall notify an authorizing agent of the right to
25request and retain up to 8 ounces of cremated remains.
26(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)