Illinois General Assembly - Full Text of HB3488
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Full Text of HB3488  100th General Assembly




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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Disposition of Remains of the Indigent Act.
6    Section 5. Purpose. The General Assembly recognizes:
7        (1) that each individual in the State regardless of his
8    or her economic situation is entitled to a dignified
9    disposition of his or her remains;
10        (2) that it is a matter of public concern and interest
11    that the preparation, care, and final disposition of a
12    deceased human body be attended to with appropriate
13    observance and understanding;
14        (3) that it is a matter of public concern and interest
15    that there is a due regard and respect for the reverent
16    care of the human body, for those bereaved, and the overall
17    spiritual dignity of every person;
18        (4) that the provision of cadavers and other human
19    materials is a much-needed service for the advancement of
20    medical, mortuary, and other sciences;
21        (5) that there is a critical shortage of cadavers
22    necessary for the advancement of medical, mortuary, and
23    other sciences;



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1        (6) that the State has, in the past, paid for the
2    burial and funeral of indigent individuals;
3        (7) that payment for such services is not now
4    consistent with the needs or demands of the current State
5    budget;
6        (8) that the State has had a long-standing policy that
7    government officials who have custody of a body of any
8    deceased person shall transfer such custody to any State
9    medical college, school, or other institution of higher
10    science education or school of mortuary science for
11    advancement of medical, anatomical, biological, or
12    mortuary science; and
13        (9) that current law provides that any county coroner
14    may donate bodies not claimed by family members or friends.
15    Section 7. Definitions. As used in this Act:
16    "Department" means the Department of Public Health.
17    "Qualified medical science institution" means an
18institution of medical, mortuary, or other sciences meeting the
19requirements of Section 25 of this Act.
20    "State facility" means any facility, hospital,
21institution, morgue, or other place for bodies of deceased
22persons owned or operated by the State of Illinois, other than
23a qualified medical science institution.
24    Section 10. Indigent funeral and burial.



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1    (a) If private funds are not available to pay funeral and
2burial costs and a request is made for those costs to an
3official of State or local government by an appropriate family
4member, executor, or agent empowered to direct the disposition
5of the decedent's remains, the official shall inform the
6appropriate family member, executor, or agent empowered to
7direct the disposition of the decedent's remains of the option
8to donate the remains for use in the advancement of medical
9science subject to any written directive of a will or other
10written instrument identified in Section 65 of the Crematory
11Regulation Act or in subsection (a) of Section 40 of the
12Disposition of Remains Act.
13    (b) The appropriate family member, executor, or agent
14empowered to direct the disposition of the decedent's remains
15is responsible for authorizing the use of such remains in
16accordance with the process of the specific qualified medical
17science institution.
18    (c) If funds are not otherwise available for burial or the
19cadaver has not been claimed by a family member or other
20responsible person, the coroner with custody may donate the
21cadaver for medical science purposes pursuant to Section 3-3034
22of the Counties Code.
23    Section 15. Donation of unclaimed cadavers in the custody
24of the State.
25    (a) The director of any State facility in custody of a



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1cadaver shall make reasonable efforts to contact a family
2member or other person responsible for the disposition of the
3remains for the purpose of claiming the remains.
4    (b) If a family member or other person responsible for the
5disposition of the remains requests the remains, the person
6must remove or make arrangements to remove the remains within
772 hours of notice from the facility.
8    (c) If, after making reasonable efforts to contact a family
9member or other person responsible for the disposition of the
10remains, the cadaver is unclaimed or if a person claiming the
11remains has failed to remove or make arrangements to remove the
12cadaver within 72 hours of notice from the facility, the State
13facility director shall contribute the cadaver to a qualified
14medical science institution for use in the advancement of
15medical science as designated by the Department under Section
1630 of this Act unless it is necessary to preserve the body for
17law enforcement purposes or the decedent has left written
18instructions that he or she does not wish to be cremated or
19donated for medical science.
20    (d) The State facility director shall as soon as is
21practicable after the end of the 72-hour notice period:
22        (1) verify, if known, or make good faith efforts to
23    discover, if not known, identifying information regarding
24    the decedent, including ethnicity, religious affiliation,
25    and former associations;
26        (2) after such verification or discovery, provide to



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1    the Department all information in its possession relating
2    to the decedent;
3        (3) preserve all information submitted to the
4    Department along with information on how the State facility
5    obtained or attempted to obtain information regarding the
6    decedent, including persons contacted, time of contact,
7    name of contact, and documents reviewed.
8    (e) If a cadaver is contributed to a qualified medical
9science institution under this Section, the State facility
10director shall provide to the institution the name, address,
11e-mail address, and telephone number of the family member or
12other responsible party, if known.
13    (f) A qualified medical science institution receiving a
14cadaver pursuant to this Section is responsible for all costs
15related to the contribution, including transportation of the
17    Section 20. Institution of medical, mortuary, or other
19    (a) A qualified medical science institution receiving a
20cadaver pursuant to Section 15 of this Act shall:
21        (1) hold the cadaver at its facility for 30 days after
22    receipt from the State facility; and
23        (2) ensure during the 30-day period that the cadaver is
24    not used for any purpose other than for embalming.
25    (b) After use of the remains, the qualified medical science



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1institution shall cremate them pursuant to Section 19 of the
2Crematory Regulation Act and deliver them to the appropriate
3family member, executor, or agent empowered to direct the
4disposition of the decedent's cremated human remains. If no
5such person is available or if such person is unwilling to
6accept the remains, the qualified medical science institution
7shall inter the cremated human remains at a cemetery licensed
8under the Cemetery Oversight Act. Upon such interment, the
9institution shall notify the family member, executor, or agent
10empowered to direct the disposition of the decedent's remains,
11if known, by mail of the location of the remains. The
12institution shall maintain at all times a registry of such
13interred cremated human remains.
14    (c) A qualified medical science institution is considered
15an authorizing agent under the Crematory Regulation Act only
16for the purpose of ordering the cremation and delivering or
17interring the remains following cremation as provided in this
19    (d) If at any time an appropriate family member, executor,
20or agent empowered to direct the disposition of the decedent's
21remains makes a written request concerning disposition or
22return of the remains, the qualified medical science
23institution shall, at its own expense, return the remains
24within a reasonable time.
25    (e) A qualified medical science institution receiving a
26cadaver under Section 15 of this Act may not transfer a



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1decedent's remains in a manner not authorized by this Act.
2    Section 25. Registry of contributed cadavers and
3institutions of medical, mortuary, or other sciences.
4    (a) An institution of medical, mortuary, or other sciences
5is eligible to receive a contributed cadaver under Section 15
6of this Act if it meets the qualifications determined to be
7appropriate by the Department by rule and registers with the
8Department. Under no circumstances is the harvesting and sale
9of body parts allowed, including after any medical, mortuary,
10or other sciences research has concluded. Qualified medical
11science institutions, at a minimum, must be either:
12        (1) a medical college or school, or other institution
13    of higher science education or school of mortuary science,
14    public or private;
15        (2) a hospital; or
16        (3) a not-for-profit corporation under Section
17    501(c)(3) of the Internal Revenue Code registered under the
18    Charitable Trust Act.
19    (b) The Department shall maintain a registry of:
20        (1) cadavers that have been contributed to qualified
21    medical science institutions of Section 15; and
22        (2) institutions qualifying as institutions of
23    medical, mortuary, or other sciences eligible to receive
24    donations under this Act.
25    The Department shall update the registry with any new



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1information within 24 hours of receiving the information.
2    (c) Each qualified medical science institution shall
3submit its request for cadavers in State custody. The
4Department shall designate the next institution to receive a
5cadaver when requested by a State facility.
6    (d) If the number of cadavers is insufficient for the use
7of the relevant institutions, the Department shall determine
8which institution shall receive them, taking into account the
9relative proportion of the numbers of students at each
11    Section 30. Rules. The Department may adopt rules as
12necessary to implement this Act.
13    Section 35. Repealer. This Act is repealed on December 31,
15    Section 90. The Crematory Regulation Act is amended by
16changing Section 5 as follows:
17    (410 ILCS 18/5)
18    (Section scheduled to be repealed on January 1, 2021)
19    Sec. 5. Definitions. As used in this Act:
20    "Address of record" means the designated address recorded
21by the Comptroller in the applicant's or licensee's application
22file or license file. It is the duty of the applicant or



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1licensee to inform the Comptroller of any change of address
2within 14 days, and such changes must be made either through
3the Comptroller's website or by contacting the Comptroller. The
4address of record shall be the permanent street address of the
6    "Alternative container" means a receptacle, other than a
7casket, in which human remains are transported to the crematory
8and placed in the cremation chamber for cremation. An
9alternative container shall be (i) composed of readily
10combustible or consumable materials suitable for cremation,
11(ii) able to be closed in order to provide a complete covering
12for the human remains, (iii) resistant to leakage or spillage,
13(iv) rigid enough for handling with ease, and (v) able to
14provide protection for the health, safety, and personal
15integrity of crematory personnel.
16    "Authorizing agent" means a person legally entitled to
17order the cremation and final disposition of specific human
18remains. "Authorizing agent" includes an institution of
19medical, mortuary, or other sciences as provided in Section 20
20of the Disposition of Remains of the Indigent Act.
21    "Body parts" means limbs or other portions of the anatomy
22that are removed from a person or human remains for medical
23purposes during treatment, surgery, biopsy, autopsy, or
24medical research; or human bodies or any portion of bodies that
25have been donated to science for medical research purposes.
26    "Burial transit permit" means a permit for disposition of a



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1dead human body as required by Illinois law.
2    "Casket" means a rigid container that is designed for the
3encasement of human remains, is usually constructed of wood,
4metal, or like material and ornamented and lined with fabric,
5and may or may not be combustible.
6    "Comptroller" means the Comptroller of the State of
8    "Cremated remains" means all human remains recovered after
9the completion of the cremation, which may possibly include the
10residue of any foreign matter including casket material,
11bridgework, or eyeglasses, that was cremated with the human
13    "Cremation" means the technical process, using heat and
14flame, or alkaline hydrolysis that reduces human remains to
15bone fragments. The reduction takes place through heat and
16evaporation or through hydrolysis. Cremation shall include the
17processing, and may include the pulverization, of the bone
19    "Cremation chamber" means the enclosed space within which
20the cremation takes place.
21    "Cremation interment container" means a rigid outer
22container that, subject to a cemetery's rules and regulations,
23is composed of concrete, steel, fiberglass, or some similar
24material in which an urn is placed prior to being interred in
25the ground, and which is designed to withstand prolonged
26exposure to the elements and to support the earth above the



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



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1including any form of body prosthesis that has been permanently
2attached 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 in
13the 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 area" means an area which may be designated by
23a cemetery and located on dedicated cemetery property where
24cremated remains, which have been removed from their container,
25can be mixed with, or placed on top of, the soil or ground



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1    "Temporary container" means a receptacle for cremated
2remains, usually composed of cardboard, plastic or similar
3material, that can be closed in a manner that prevents the
4leakage or spillage of the cremated remains or the entrance of
5foreign material, and is a single container of sufficient size
6to hold the cremated remains until an urn is acquired or the
7cremated remains are scattered.
8    "Urn" means a receptacle designed to encase the cremated
10(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
11    Section 95. The Disposition of Remains Act is amended by
12changing Section 5 as follows:
13    (755 ILCS 65/5)
14    Sec. 5. Right to control disposition; priority. Unless a
15decedent has left directions in writing for the disposition or
16designated an agent to direct the disposition of the decedent's
17remains as provided in Section 65 of the Crematory Regulation
18Act or in subsection (a) of Section 40 of this Act, the
19following persons, in the priority listed, have the right to
20control the disposition, including cremation, of the
21decedent's remains and are liable for the reasonable costs of
22the disposition:
23        (1) the person designated in a written instrument that
24    satisfies the provisions of Sections 10 and 15 of this Act;



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1        (2) any person serving as executor or legal
2    representative of the decedent's estate and acting
3    according to the decedent's written instructions contained
4    in the decedent's will;
5        (3) the individual who was the spouse of the decedent
6    at the time of the decedent's death;
7        (4) the sole surviving competent adult child of the
8    decedent, or if there is more than one surviving competent
9    adult child of the decedent, the majority of the surviving
10    competent adult children; however, less than one-half of
11    the surviving adult children shall be vested with the
12    rights and duties of this Section if they have used
13    reasonable efforts to notify all other surviving competent
14    adult children of their instructions and are not aware of
15    any opposition to those instructions on the part of more
16    than one-half of all surviving competent adult children;
17        (5) the surviving competent parents of the decedent; if
18    one of the surviving competent parents is absent, the
19    remaining competent parent shall be vested with the rights
20    and duties of this Act after reasonable efforts have been
21    unsuccessful in locating the absent surviving competent
22    parent;
23        (6) the surviving competent adult person or persons
24    respectively in the next degrees of kindred or, if there is
25    more than one surviving competent adult person of the same
26    degree of kindred, the majority of those persons; less than



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1    the majority of surviving competent adult persons of the
2    same degree of kindred shall be vested with the rights and
3    duties of this Act if those persons have used reasonable
4    efforts to notify all other surviving competent adult
5    persons of the same degree of kindred of their instructions
6    and are not aware of any opposition to those instructions
7    on the part of one-half or more of all surviving competent
8    adult persons of the same degree of kindred;
9        (6.5) any recognized religious, civic, community, or
10    fraternal organization willing to assume legal and
11    financial responsibility;
12        (7) in the case of indigents or any other individuals
13    whose final disposition is the responsibility of the State
14    or any of its instrumentalities, a public administrator,
15    medical examiner, coroner, State appointed guardian, or
16    any other public official charged with arranging the final
17    disposition of the decedent;
18        (8) in the case of individuals who have donated their
19    bodies to science, or whose death occurred in a nursing
20    home or other private institution, who have executed
21    cremation authorization forms under Section 65 of the
22    Crematory Regulation Act and the institution is charged
23    with making arrangements for the final disposition of the
24    decedent, a representative of the institution; or
25        (9) any other person or organization that is willing to
26    assume legal and financial responsibility.



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1    As used in Section, "adult" means any individual who has
2reached his or her eighteenth birthday.
3    Notwithstanding provisions to the contrary, in the case of
4decedents who die while serving as members of the United States
5Armed Forces, the Illinois National Guard, or the United States
6Reserve Forces, as defined in Section 1481 of Title 10 of the
7United States Code, and who have executed the required U.S.
8Department of Defense Record of Emergency Data Form (DD Form
993), or successor form, the person designated in such form to
10direct disposition of the decedent's remains shall have the
11right to control the disposition, including cremation, of the
12decedent's remains.
13(Source: P.A. 97-333, eff. 8-12-11; 98-463, eff. 8-16-13.)