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1		AN ACT concerning health.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the
5		Disposition 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
18		institution of medical, mortuary, or other sciences meeting the
19		requirements of Section 25 of this Act.
20		"State facility" means any facility, hospital,
21		institution, morgue, or other place for bodies of deceased
22		persons owned or operated by the State of Illinois, other than
23		a 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
2		burial costs and a request is made for those costs to an
3		official of State or local government by an appropriate family
4		member, executor, or agent empowered to direct the disposition
5		of the decedent's remains, the official shall inform the
6		appropriate family member, executor, or agent empowered to
7		direct the disposition of the decedent's remains of the option
8		to donate the remains for use in the advancement of medical
9		science subject to any written directive of a will or other
10		written instrument identified in Section 65 of the Crematory
11		Regulation Act or in subsection (a) of Section 40 of the
12		Disposition of Remains Act.
13		(b) The appropriate family member, executor, or agent
14		empowered to direct the disposition of the decedent's remains
15		is responsible for authorizing the use of such remains in
16		accordance with the process of the specific qualified medical
17		science institution.
18		(c) If funds are not otherwise available for burial or the
19		cadaver has not been claimed by a family member or other
20		responsible person, the coroner with custody may donate the
21		cadaver for medical science purposes pursuant to Section 3-3034
22		of the Counties Code.
23		Section 15. Donation of unclaimed cadavers in the custody
24		of the State.
25		(a) The director of any State facility in custody of a

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1		cadaver shall make reasonable efforts to contact a family
2		member or other person responsible for the disposition of the
3		remains for the purpose of claiming the remains.
4		(b) If a family member or other person responsible for the
5		disposition of the remains requests the remains, the person
6		must remove or make arrangements to remove the remains within
7		72 hours of notice from the facility.
8		(c) If, after making reasonable efforts to contact a family
9		member or other person responsible for the disposition of the
10		remains, the cadaver is unclaimed or if a person claiming the
11		remains has failed to remove or make arrangements to remove the
12		cadaver within 72 hours of notice from the facility, the State
13		facility director shall contribute the cadaver to a qualified
14		medical science institution for use in the advancement of
15		medical science as designated by the Department under Section
16		30 of this Act unless it is necessary to preserve the body for
17		law enforcement purposes or the decedent has left written
18		instructions that he or she does not wish to be cremated or
19		donated for medical science.
20		(d) The State facility director shall as soon as is
21		practicable 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
9		science institution under this Section, the State facility
10		director shall provide to the institution the name, address,
11		e-mail address, and telephone number of the family member or
12		other responsible party, if known.
13		(f) A qualified medical science institution receiving a
14		cadaver pursuant to this Section is responsible for all costs
15		related to the contribution, including transportation of the
16		remains.
17		Section 20. Institution of medical, mortuary, or other
18		sciences.
19		(a) A qualified medical science institution receiving a
20		cadaver 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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1		institution shall cremate them pursuant to Section 19 of the
2		Crematory Regulation Act and deliver them to the appropriate
3		family member, executor, or agent empowered to direct the
4		disposition of the decedent's cremated human remains. If no
5		such person is available or if such person is unwilling to
6		accept the remains, the qualified medical science institution
7		shall inter the cremated human remains at a cemetery licensed
8		under the Cemetery Oversight Act. Upon such interment, the
9		institution shall notify the family member, executor, or agent
10		empowered to direct the disposition of the decedent's remains,
11		if known, by mail of the location of the remains. The
12		institution shall maintain at all times a registry of such
13		interred cremated human remains.
14		(c) A qualified medical science institution is considered
15		an authorizing agent under the Crematory Regulation Act only
16		for the purpose of ordering the cremation and delivering or
17		interring the remains following cremation as provided in this
18		Section.
19		(d) If at any time an appropriate family member, executor,
20		or agent empowered to direct the disposition of the decedent's
21		remains makes a written request concerning disposition or
22		return of the remains, the qualified medical science
23		institution shall, at its own expense, return the remains
24		within a reasonable time.
25		Section 25. Registry of contributed cadavers and

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1		institutions of medical, mortuary, or other sciences.
2		(a) An institution of medical, mortuary, or other sciences
3		is eligible to receive a contributed cadaver under Section 15
4		of this Act if it meets the qualifications determined to be
5		appropriate by the Department by rule and registers with the
6		Department. Qualified medical science institutions, at a
7		minimum, 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
22		information within 24 hours of receiving the information.
23		(c) Each qualified medical science institution shall
24		submit its request for cadavers in State custody. The
25		Department shall designate the next institution to receive a
26		cadaver when requested by a State facility.

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1		(d) If the number of cadavers is insufficient for the use
2		of the relevant institutions, the Department shall determine
3		which institution shall receive them, taking into account the
4		relative proportion of the numbers of students at each
5		institution.
6		Section 30. Rules. The Department may adopt rules as
7		necessary to implement this Act.
8		Section 35. Repealer. This Act is repealed on December 31,
9		2022.
10		Section 90. The Crematory Regulation Act is amended by
11		changing 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
16		by the Comptroller in the applicant's or licensee's application
17		file or license file. It is the duty of the applicant or
18		licensee to inform the Comptroller of any change of address
19		within 14 days, and such changes must be made either through
20		the Comptroller's website or by contacting the Comptroller. The
21		address of record shall be the permanent street address of the
22		crematory.

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

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

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

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

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1		to hold the cremated remains until an urn is acquired or the
2		cremated remains are scattered.
3		"Urn" means a receptacle designed to encase the cremated
4		remains.
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
7		changing Section 5 as follows:
8		(755 ILCS 65/5)
9		Sec. 5. Right to control disposition; priority. Unless a
10		decedent has left directions in writing for the disposition or
11		designated an agent to direct the disposition of the decedent's
12		remains as provided in Section 65 of the Crematory Regulation
13		Act or in subsection (a) of Section 40 of this Act, the
14		following persons, in the priority listed, have the right to
15		control the disposition, including cremation, of the
16		decedent's remains and are liable for the reasonable costs of
17		the 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
23		reached his or her eighteenth birthday.
24		Notwithstanding provisions to the contrary, in the case of
25		decedents who die while serving as members of the United States
26		Armed Forces, the Illinois National Guard, or the United States

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