Illinois Compiled Statutes
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410 ILCS 18/40
(410 ILCS 18/40)
(Section scheduled to be repealed on January 1, 2024)
Disposition of cremated remains.
(a) The authorizing agent shall be responsible for the final
disposition of the cremated remains.
(b) Cremated remains may be disposed of by placing them in a grave, crypt,
or niche, by scattering them in a scattering area as defined in this Act, or in
any manner whatever on the private property of a consenting owner.
(c) Upon the completion of the cremation process, and except as provided for
in item (I) of paragraph (1) of subsection (a) of Section 20, if the crematory
authority has not been instructed to arrange
for the interment, entombment, inurnment, or scattering of the cremated
remains, the crematory authority shall deliver the cremated remains to the
individual specified on the cremation authorization form, or if no
individual is specified then to the authorizing agent. The delivery may be
made in person or by registered mail. Upon receipt of the cremated remains,
the individual receiving them may transport them in any manner in this
State without a permit, and may dispose of them in accordance with this
Section. After delivery, the crematory authority shall be discharged
from any legal obligation or liability concerning the cremated remains.
(d) If, after a period of 60 days from the date of the
cremation, the authorizing agent or the agent's designee has not
instructed the crematory authority to arrange for the final disposition of
the cremated remains or claimed the cremated remains, the crematory
authority may dispose of the cremated remains in any manner permitted by
this Section. The crematory authority, however, shall keep a permanent record
identifying the site of final disposition. The authorizing agent shall be
responsible for reimbursing the crematory authority for all reasonable
expenses incurred in disposing of the cremated remains. Upon disposing
of the cremated remains, the crematory authority shall be discharged from
any legal obligation or liability concerning the cremated remains. Any
person who was in possession of cremated remains prior to the effective date
of this Act may dispose of them in accordance with this Section.
(e) Except with the express written permission of the authorizing agent, no
(1) Dispose of cremated remains in a manner or in a
location so that the cremated remains are commingled with those of another person. This prohibition shall not apply to the scattering of cremated remains at sea, by air, or in an area located in a dedicated cemetery and used exclusively for those purposes.
(2) Place cremated remains of more than one person in
the same temporary container or urn.
(Source: P.A. 96-863, eff. 3-1-12; 97-679, eff. 2-6-12