Illinois General Assembly - Full Text of HB4552
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Full Text of HB4552  102nd General Assembly

HB4552 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4552

 

Introduced 1/21/2022, by Rep. Kelly M. Cassidy - Stephanie A. Kifowit

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 18/5

    Amends the Crematory Regulation Act. Provides that "cremation" includes natural organic reduction. Defines "natural organic reduction". Effective immediately.


LRB102 23793 CPF 32984 b

 

 

A BILL FOR

 

HB4552LRB102 23793 CPF 32984 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 Section 5 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7    (Section scheduled to be repealed on January 1, 2024)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,

 

 

HB4552- 2 -LRB102 23793 CPF 32984 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
5order the cremation and final disposition of specific human
6remains. "Authorizing agent" includes an institution of
7medical, mortuary, or other sciences as provided in Section 20
8of the Disposition of Remains of the Indigent Act.
9    "Body parts" means limbs or other portions of the anatomy
10that are removed from a person or human remains for medical
11purposes during treatment, surgery, biopsy, autopsy, or
12medical research; or human bodies or any portion of bodies
13that have been donated to science for medical research
14purposes.
15    "Burial transit permit" means a permit for disposition of
16a dead human body as required by Illinois law.
17    "Casket" means a rigid container that is designed for the
18encasement of human remains, is usually constructed of wood,
19metal, or like material and ornamented and lined with fabric,
20and may or may not be combustible.
21    "Comptroller" means the Comptroller of the State of
22Illinois.
23    "Cremated remains" means all human remains recovered after
24the completion of the cremation, which may possibly include
25the residue of any foreign matter including casket material,
26bridgework, or eyeglasses, that was cremated with the human

 

 

HB4552- 3 -LRB102 23793 CPF 32984 b

1remains.
2    "Cremation" means the technical process, using heat and
3flame, or alkaline hydrolysis that reduces human remains to
4bone fragments. The reduction takes place through heat and
5evaporation or through hydrolysis. Cremation shall include the
6processing, and may include the pulverization, of the bone
7fragments. "Cremation" also means natural organic reduction.
8    "Cremation chamber" means the enclosed space within which
9the cremation takes place.
10    "Cremation interment container" means a rigid outer
11container that, subject to a cemetery's rules and regulations,
12is composed of concrete, steel, fiberglass, or some similar
13material in which an urn is placed prior to being interred in
14the ground, and which is designed to withstand prolonged
15exposure to the elements and to support the earth above the
16urn.
17    "Cremation room" means the room in which the cremation
18chamber is located.
19    "Crematory" means the building or portion of a building
20that houses the cremation room and the holding facility.
21    "Crematory authority" means the legal entity which is
22licensed by the Comptroller to operate a crematory and to
23perform cremations.
24    "Final disposition" means the burial, cremation, or other
25disposition of a dead human body or parts of a dead human body.
26    "Funeral director" means a person known by the title of

 

 

HB4552- 4 -LRB102 23793 CPF 32984 b

1"funeral director", "funeral director and embalmer", or other
2similar words or titles, licensed by the State to practice
3funeral directing or funeral directing and embalming.
4    "Funeral establishment" means a building or separate
5portion of a building having a specific street address and
6location and devoted to activities relating to the shelter,
7care, custody, and preparation of a deceased human body and
8may contain facilities for funeral or wake services.
9    "Holding facility" means an area that (i) is designated
10for the retention of human remains prior to cremation, (ii)
11complies with all applicable public health law, (iii)
12preserves the health and safety of the crematory authority
13personnel, and (iv) is secure from access by anyone other than
14authorized persons. A holding facility may be located in a
15cremation room.
16    "Human remains" means the body of a deceased person,
17including any form of body prosthesis that has been
18permanently attached or implanted in the body.
19    "Licensee" means an entity licensed under this Act. An
20entity that holds itself as a licensee or that is accused of
21unlicensed practice is considered a licensee for purposes of
22enforcement, investigation, hearings, and the Illinois
23Administrative Procedure Act.
24    "Natural organic reduction" means the contained,
25accelerated conversion of human remains to soil.
26    "Niche" means a compartment or cubicle for the

 

 

HB4552- 5 -LRB102 23793 CPF 32984 b

1memorialization and permanent placement of an urn containing
2cremated remains.
3    "Person" means any person, partnership, association,
4corporation, limited liability company, or other entity, and
5in the case of any such business organization, its officers,
6partners, members, or shareholders possessing 25% or more of
7ownership of the entity.
8    "Processing" means the reduction of identifiable bone
9fragments after the completion of the cremation process to
10unidentifiable bone fragments by manual or mechanical means.
11    "Pulverization" means the reduction of identifiable bone
12fragments after the completion of the cremation process to
13granulated particles by manual or mechanical means.
14    "Scattering area" means an area which may be designated by
15a cemetery and located on dedicated cemetery property or
16property used for outdoor recreation or natural resource
17conservation owned by the Department of Natural Resources and
18designated as a scattering area, where cremated remains, which
19have been removed from their container, can be mixed with, or
20placed on top of, the soil or ground cover.
21    "Temporary container" means a receptacle for cremated
22remains, usually composed of cardboard, plastic or similar
23material, that can be closed in a manner that prevents the
24leakage or spillage of the cremated remains or the entrance of
25foreign material, and is a single container of sufficient size
26to hold the cremated remains until an urn is acquired or the

 

 

HB4552- 6 -LRB102 23793 CPF 32984 b

1cremated remains are scattered.
2    "Urn" means a receptacle designed to encase the cremated
3remains.
4(Source: P.A. 100-97, eff. 1-1-18; 100-526, eff. 6-1-18;
5100-863, eff. 8-14-18.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.