Bill Text: IL HB3488 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Creates the Disposition of Remains of the Indigent Act. Provides that if private funds are not available for the funeral or burial of a decedent, then State or local officials shall refer a family member, executor, or agent empowered to direct the disposition of a decedent's remains to the option of donating the remains to an institution of medical, mortuary, or other sciences on the registry created under the Act. Provides that such family member, executor, or agent shall be responsible for authorizing such use. Provides that unclaimed cadavers held by any State facility, hospital, institution, morgue, or other place for bodies of deceased persons may be turned over to an institution on the registry. Contains provisions requiring the directors of State facilities with possession of unclaimed human remains to make reasonable efforts to contact family and other responsible parties. Contains provisions concerning circumstances in which family or other responsible parties request the remains and situations when they fail to do so. Contains other provisions concerning what the State facility with humans remains shall do. Provides that the Department of Human Services may pay a funeral home or an institution of medical, mortuary, or other science an allowance for funeral and burial costs. Contains provisions concerning the disposition of the remains after use of the remains by a registered institution. Requires the Department of Public Health to maintain a registry of institutions qualifying as institutions of medical, mortuary, or other sciences eligible to receive donations under the Act. Contains provisions concerning requirements for the registry and granting the Department of Public Health rulemaking and other powers.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2017-05-23 - Senate Committee Amendment No. 1 Referred to Assignments [HB3488 Detail]

Download: Illinois-2017-HB3488-Engrossed.html



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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
16remains.
17 Section 20. Institution of medical, mortuary, or other
18sciences.
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
18Section.
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 Section 25. Registry of contributed cadavers and

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1institutions of medical, mortuary, or other sciences.
2 (a) An institution of medical, mortuary, or other sciences
3is eligible to receive a contributed cadaver under Section 15
4of this Act if it meets the qualifications determined to be
5appropriate by the Department by rule and registers with the
6Department. Qualified medical science institutions, at a
7minimum, must be either:
8 (1) a medical college or school, or other institution
9 of higher science education or school of mortuary science,
10 public or private;
11 (2) a hospital; or
12 (3) a not-for-profit corporation under Section
13 501(c)(3) of the Internal Revenue Code registered under the
14 Charitable Trust Act.
15 (b) The Department shall maintain a registry of:
16 (1) cadavers that have been contributed to qualified
17 medical science institutions of Section 15; and
18 (2) institutions qualifying as institutions of
19 medical, mortuary, or other sciences eligible to receive
20 donations under this Act.
21 The Department shall update the registry with any new
22information within 24 hours of receiving the information.
23 (c) Each qualified medical science institution shall
24submit its request for cadavers in State custody. The
25Department shall designate the next institution to receive a
26cadaver when requested by a State facility.

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1 (d) If the number of cadavers is insufficient for the use
2of the relevant institutions, the Department shall determine
3which institution shall receive them, taking into account the
4relative proportion of the numbers of students at each
5institution.
6 Section 30. Rules. The Department may adopt rules as
7necessary to implement this Act.
8 Section 35. Repealer. This Act is repealed on December 31,
92022.
10 Section 90. The Crematory Regulation Act is amended by
11changing Section 5 as follows:
12 (410 ILCS 18/5)
13 (Section scheduled to be repealed on January 1, 2021)
14 Sec. 5. Definitions. As used in this Act:
15 "Address of record" means the designated address recorded
16by the Comptroller in the applicant's or licensee's application
17file or license file. It is the duty of the applicant or
18licensee to inform the Comptroller of any change of address
19within 14 days, and such changes must be made either through
20the Comptroller's website or by contacting the Comptroller. The
21address of record shall be the permanent street address of the
22crematory.

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1 "Alternative container" means a receptacle, other than a
2casket, in which human remains are transported to the crematory
3and placed in the cremation chamber for cremation. An
4alternative container shall be (i) composed of readily
5combustible or consumable materials suitable for cremation,
6(ii) able to be closed in order to provide a complete covering
7for the human remains, (iii) resistant to leakage or spillage,
8(iv) rigid enough for handling with ease, and (v) able to
9provide protection for the health, safety, and personal
10integrity of crematory personnel.
11 "Authorizing agent" means a person legally entitled to
12order the cremation and final disposition of specific human
13remains. "Authorizing agent" includes an institution of
14medical, mortuary, or other sciences as provided in Section 20
15of the Disposition of Remains of the Indigent Act.
16 "Body parts" means limbs or other portions of the anatomy
17that are removed from a person or human remains for medical
18purposes during treatment, surgery, biopsy, autopsy, or
19medical research; or human bodies or any portion of bodies that
20have been donated to science for medical research purposes.
21 "Burial transit permit" means a permit for disposition of a
22dead human body as required by Illinois law.
23 "Casket" means a rigid container that is designed for the
24encasement of human remains, is usually constructed of wood,
25metal, or like material and ornamented and lined with fabric,
26and may or may not be combustible.

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

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

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

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1to hold the cremated remains until an urn is acquired or the
2cremated remains are scattered.
3 "Urn" means a receptacle designed to encase the cremated
4remains.
5(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12.)
6 Section 95. The Disposition of Remains Act is amended by
7changing Section 5 as follows:
8 (755 ILCS 65/5)
9 Sec. 5. Right to control disposition; priority. Unless a
10decedent has left directions in writing for the disposition or
11designated an agent to direct the disposition of the decedent's
12remains as provided in Section 65 of the Crematory Regulation
13Act or in subsection (a) of Section 40 of this Act, the
14following persons, in the priority listed, have the right to
15control the disposition, including cremation, of the
16decedent's remains and are liable for the reasonable costs of
17the disposition:
18 (1) the person designated in a written instrument that
19 satisfies the provisions of Sections 10 and 15 of this Act;
20 (2) any person serving as executor or legal
21 representative of the decedent's estate and acting
22 according to the decedent's written instructions contained
23 in the decedent's will;
24 (3) the individual who was the spouse of the decedent

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

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1 and are not aware of any opposition to those instructions
2 on the part of one-half or more of all surviving competent
3 adult persons of the same degree of kindred;
4 (6.5) any recognized religious, civic, community, or
5 fraternal organization willing to assume legal and
6 financial responsibility;
7 (7) in the case of indigents or any other individuals
8 whose final disposition is the responsibility of the State
9 or any of its instrumentalities, a public administrator,
10 medical examiner, coroner, State appointed guardian, or
11 any other public official charged with arranging the final
12 disposition of the decedent;
13 (8) in the case of individuals who have donated their
14 bodies to science, or whose death occurred in a nursing
15 home or other private institution, who have executed
16 cremation authorization forms under Section 65 of the
17 Crematory Regulation Act and the institution is charged
18 with making arrangements for the final disposition of the
19 decedent, a representative of the institution; or
20 (9) any other person or organization that is willing to
21 assume legal and financial responsibility.
22 As used in Section, "adult" means any individual who has
23reached his or her eighteenth birthday.
24 Notwithstanding provisions to the contrary, in the case of
25decedents who die while serving as members of the United States
26Armed Forces, the Illinois National Guard, or the United States

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1Reserve Forces, as defined in Section 1481 of Title 10 of the
2United States Code, and who have executed the required U.S.
3Department of Defense Record of Emergency Data Form (DD Form
493), or successor form, the person designated in such form to
5direct disposition of the decedent's remains shall have the
6right to control the disposition, including cremation, of the
7decedent's remains.
8(Source: P.A. 97-333, eff. 8-12-11; 98-463, eff. 8-16-13.)
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