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| Public Act 096-0081 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Disposition of Veterans' Cremated Remains Act. | ||||
Section 5. Definitions. The following terms have the | ||||
meanings indicated, unless the context requires otherwise: | ||||
"Authorizing agent" means a person who is legally entitled | ||||
to authorize the cremation and final disposition of the | ||||
cremated remains of the deceased person in accordance with the | ||||
Disposition of Remains Act and the Crematory Regulation Act. | ||||
"Crematory authority" means a legal entity that is licensed | ||||
by the Comptroller of the State of Illinois to operate a | ||||
crematory and to perform cremations. | ||||
"Funeral director" means a person, known by the title of | ||||
"funeral director" or other similar words or titles, licensed | ||||
under the Funeral Directors and Embalmers Licensing Code and | ||||
who practices funeral directing. | ||||
"Veteran" means an Illinois resident who has served as a | ||||
member of the United States Armed Services on active duty, a | ||||
member of the Illinois National Guard, or a member of the | ||||
United States Reserve Forces, and who has received an honorable | ||||
discharge. | ||||
"Veterans organization" means an association or other | ||
entity organized for the benefits of veterans that has been | ||
recognized or chartered by the United States Congress and | ||
includes, but is not limited to, the American Legion, the | ||
Legion of Honor, the Patriot Guard, the Missing in America | ||
Project, and the Vietnam Veterans of America. | ||
Section 10. Funeral director or crematory authority | ||
responsibilities. | ||
(a) A funeral director or crematory authority must make a | ||
reasonable effort to determine whether a deceased person, whose | ||
human remains have been submitted to a funeral establishment | ||
for final disposition by cremation, is one of the following: | ||
(1) a veteran; | ||
(2) the spouse of a veteran; or | ||
(3) the dependent child of a veteran. | ||
(b) This determination must be made at, or shortly after, | ||
the time an at-need cremation authorization is signed by the | ||
authorizing agent. The funeral director or crematory authority | ||
must start his or her inquiry with the authorizing agent and | ||
notify the authorizing agent of the funeral director's or | ||
crematory authority's responsibilities under this Act. | ||
However, nothing in this Act shall apply to a pre-need | ||
cremation authorization until it becomes an at-need cremation | ||
authorization. Nothing in this Act shall delay the cremation of | ||
a deceased person's remains as authorized by an at-need | ||
cremation authorization. | ||
(c) If the funeral director or crematory authority cannot | ||
determine with certainty the deceased person's status and no | ||
authorizing agent exists, then the funeral director or | ||
crematory authority may allow the National Cemetery | ||
Administration's National Cemetery Scheduling Office, any | ||
veterans organization whose primary purpose is to locate, | ||
identify, and inter the unclaimed cremated remains of American | ||
veterans, or any federally-chartered veterans service | ||
organization to have access to the cremated remains and all | ||
information regarding the deceased person in the possession of | ||
the funeral director or crematory authority so that it may | ||
attempt to determine whether the deceased person qualifies | ||
under subsection (a) of this Section. | ||
(d) If the funeral director or crematory authority | ||
determines that the deceased person is either a veteran, the | ||
spouse of a veteran, or the dependent child of a veteran, then | ||
the funeral director or crematory authority must immediately | ||
notify the authorizing agent of this finding and advise the | ||
authorizing agent that the deceased person may be eligible to | ||
be interred at an appropriate veterans' cemetery. | ||
(e) If the cremated remains of a veteran, the spouse of a | ||
veteran, or the dependent child of a veteran are not claimed by | ||
an authorizing agent, then the funeral director or crematory | ||
authority must hold any cremated remains for at least 60 days, | ||
as required by subsection (d) of Section 40 of the Crematory | ||
Regulation Act. After 60 days have expired, the funeral | ||
director or crematory authority must then send written notice | ||
to an authorizing agent requesting disposition instructions. | ||
If the funeral director or crematory authority does not receive | ||
a written response from an authorizing agent within 30 days | ||
after this written notice is sent, then the funeral director or | ||
crematory authority must contact any veterans organization | ||
whose primary purpose is to locate, identify, and inter or | ||
inurn the unclaimed cremated remains of American veterans or | ||
any federally-chartered veterans service organization so that | ||
arrangements for the disposition of the cremated remains of the | ||
veteran, spouse of a veteran, or dependent child of a veteran | ||
may be made in a state or national veterans' cemetery. | ||
(f) The funeral director or crematory authority may release | ||
any relevant information to the U.S. Department of Veterans | ||
Affairs or any federally-chartered veterans service | ||
organization to affect the timely and accurate identification | ||
and interment or inurnment of the cremated remains of a | ||
decedent as either a veteran, the spouse of a veteran, or the | ||
dependent child of a veteran. | ||
Section 15. Immunity. A funeral director or crematory | ||
authority complying with this Act is immune from any criminal | ||
or civil liability regarding the release of information | ||
relating to (i) the determination of the deceased person's | ||
status as a veteran, the spouse of a veteran, or the dependant | ||
child of a veteran, (ii) the availability of interment or | ||
inurnment as a veteran, or (iii) the release of the cremated | ||
remains to a veterans' cemetery. A funeral director or | ||
crematory authority shall be immune from civil liability for | ||
any act or omission under this Act, except for willful or | ||
wanton misconduct. A veterans organization or | ||
federally-chartered veterans service organization shall be | ||
immune from civil liability for any act or omission related to | ||
the disposition of cremated remains under this Act, except for | ||
willful or wanton misconduct.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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