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Public Act 100-0097
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| SB1586 Enrolled | LRB100 07930 SLF 18003 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Crematory Regulation Act is amended by |
changing Section 5 as follows:
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(410 ILCS 18/5)
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(Section scheduled to be repealed on January 1, 2021) |
Sec. 5. Definitions. As used in this Act:
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"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 |
crematory. |
"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, |
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(iv) rigid enough for handling with
ease, and (v) able to |
provide protection for the health, safety, and personal
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integrity of crematory personnel.
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"Authorizing agent" means a person legally entitled to |
order the cremation and final
disposition of specific human |
remains.
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"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.
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"Burial transit permit" means a permit for disposition of a |
dead human
body as required by Illinois law.
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"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.
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"Comptroller" means the Comptroller of the State of |
Illinois.
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"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 |
remains.
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"Cremation" means the technical process, using heat and |
flame, or alkaline hydrolysis that
reduces human remains to |
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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 |
fragments.
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"Cremation chamber" means the enclosed space within which |
the cremation
takes place.
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"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 |
urn.
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"Cremation room" means the room in which the cremation |
chamber is located.
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"Crematory" means the building or portion of a building |
that houses the
cremation room and the holding facility.
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"Crematory authority" means the legal entity which is |
licensed by
the Comptroller to
operate a crematory and to |
perform cremations.
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"Final disposition" means the burial, cremation, or other |
disposition of
a dead human body or parts of a dead human body.
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"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.
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"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.
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"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
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persons. A holding facility may be located in a cremation room.
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"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.
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"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.
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"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 |
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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.
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"Pulverization" means the reduction of identifiable bone |
fragments after the
completion of the cremation process to |
granulated particles by manual or
mechanical means.
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"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.
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"Temporary container" means a receptacle for cremated
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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.
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"Urn" means a receptacle
designed to encase the cremated |
remains.
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(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
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