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SB 1793

CREMATION-SCATTERING AREA

104th Regular Session Introduced by Laura Ellman and 6 co-sponsors

Expands options for scattering cremated remains by designating river scattering areas with a DNR permit process to accommodate water scattering for certain faiths.

Public Act . . . . . . . . . 104-0124
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Bill Summary · SB 1793

Summary — SB 1793 (Public Act 104-0124)

Status: Enacted (Public Act 104-0124) — Governor approved 08/01/2025; Effective date: January 1, 2026
Primary sponsor: Sen. Laura Ellman
Statutory changes: Amends the Crematory Regulation Act (410 ILCS 18/5 and 18/40). (Sections scheduled for repeal on January 1, 2029.)

Purpose

SB 1793 updates the Crematory Regulation Act to (1) clarify the statutory definition of a “scattering area,” and (2) require the Illinois Department of Natural Resources (DNR) to designate scattering areas (including locations in Illinois rivers) and provide a Department permit process for the deposition of cremated remains in those areas — specifically accommodating members of religions whose tenets require scattering in water.

Key provisions and changes

  • Definition updates (410 ILCS 18/5):
    • Revises and expands the definition of “scattering area” to include areas designated by a cemetery and certain DNR-owned property used for outdoor recreation or natural resource conservation, and to allow scattering on soil/ground cover or, in limited scenarios complying with Section 40(b), in water (including Illinois rivers).
    • Retains and clarifies existing terms (e.g., cremation, cremated remains, urn, temporary container, authorizing agent).
  • Disposition rules (410 ILCS 18/40):
    • Confirms the authorizing agent is responsible for final disposition of cremated remains.
    • Reiterates permitted disposition methods (grave, crypt, niche, scattering area, or private property with owner consent).
    • Establishes that DNR shall designate scattering areas within Illinois rivers and implement a permit/approval process to allow deposition consistent with religious tenets that require water scattering.
  • Amendments (Senate Amendments) add limits and safeguards:
    • Require scattering to be conducted so that no other objects (for example identification discs, prostheses, artificial organs, or other non-cremated items) are scattered.
    • Make clear the law does not authorize trespass on private property.

Who is affected

  • Department of Natural Resources — required to designate river scattering areas and administer permits.
  • Cemeteries and cemetery operators — may designate scattering areas on cemetery property.
  • Religious groups and individuals — expands a regulated option for members whose faiths require water scattering.
  • Funeral directors, crematories, and authorizing agents — new compliance considerations regarding permitted scattering locations, documentation, and chain-of-custody responsibilities.
  • Private property owners and public waterways — protections against unauthorized access/trespass and scatterings of prohibited items.

Procedural timeline / status

  • Introduced: Feb 5, 2025
  • Passed both chambers: May 22, 2025
  • Sent to Governor: June 20, 2025
  • Governor approved / Public Act 104-0124: Aug 1, 2025
  • Effective: January 1, 2026
  • Note: The amended sections are scheduled for repeal January 1, 2029 (per statutory caption).

Practical considerations

  • DNR rulemaking/administration will determine how river scattering sites and permits are selected, regulated, and enforced (timing and fee structures will depend on implementing guidance).
  • Funeral professionals and families should follow the permit process and avoid scattering any non-cremated objects or trespassing on private property.
  • The changes balance religious accommodation for water scattering with public-safety, environmental, and property-rights safeguards.

Compiled from official sources — confirm details with the bill’s official record.

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