(410 ILCS 18/10)
(Text of Section before amendment by P.A. 96‑863
)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10.
Establishment of crematory and licensing of crematory authority.
(a) Any person doing business in this State, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization or any other entity, may erect, maintain, and operate a crematory in this State and provide the necessary appliances and facilities for the cremation of human remains in accordance with this Act.
(b) A crematory shall be subject to all local, State, and federal health and environmental protection requirements and shall obtain all necessary licenses and permits from the Department, the federal Department of Health and Human Services, and the Illinois and federal Environmental Protection Agencies, or such other appropriate local, State, or federal agencies.
(c) A crematory may be constructed on or adjacent to any cemetery, on or adjacent to any funeral establishment, or at any other location consistent with local zoning regulations.
(d) An application for licensure as a crematory authority shall be in writing on forms furnished by the Comptroller. Applications shall be accompanied by a fee of $50 and shall contain all of the following:
(1) The full name and address, both residence and
| business, of the applicant if the applicant is an individual; the full name and address of every member if the applicant is a partnership; the full name and address of every member of the board of directors if the applicant is an association; and the name and address of every officer, director, and shareholder holding more than 25% of the corporate stock if the applicant is a corporation. | |
(2) The address and location of the crematory.
(3) A description of the type of structure and |
| equipment to be used in the operation of the crematory, including the operating permit number issued to the cremation device by the Illinois Environmental Protection Agency. | |
(3.5) Attestation by the owner that cremation |
| services shall be by a person trained in accordance with the requirements of Section 22 of this Act. | |
(3.10) A copy of the certification or certifications |
| issued by the certification program to the person or persons who will operate the cremation device. | |
(4) Any further information that the Comptroller |
|
(e) Each crematory authority shall file an annual report with the Comptroller, accompanied with a $25 fee, providing (i) an affidavit signed by the owner of the crematory authority that at the time of the report the cremation device was in proper operating condition, (ii) the total number of all cremations performed at the crematory during the past year, (iii) attestation by the licensee that all applicable permits and certifications are valid, and (iv) either (A) any changes required in the information provided under subsection (d) or (B) an indication that no changes have occurred. The annual report shall be filed by a crematory authority on or before March 15 of each calendar year, in the Office of the Comptroller. If the fiscal year of a crematory authority is other than on a calendar year basis, then the crematory authority shall file the report required by this Section within 75 days after the end of its fiscal year. The Comptroller shall, for good cause shown, grant an extension for the filing of the annual report upon the written request of the crematory authority. An extension shall not exceed 60 days. If a crematory authority fails to submit an annual report to the Comptroller within the time specified in this Section, the Comptroller shall impose upon the crematory authority a penalty of $5 for each and every day the crematory authority remains delinquent in submitting the annual report. The Comptroller may abate all or part of the $5 daily penalty for good cause shown.
(f) All records required to be maintained under this Act, including but not limited to those relating to the license and annual report of the crematory authority required to be filed under this Section, shall be subject to inspection by the Comptroller upon reasonable notice.
(g) The Comptroller may inspect crematory records at the crematory authority's place of business to review the licensee's compliance with this Act. The inspection must include verification that:
(1) the crematory authority has complied with |
| record‑keeping requirements of this Act; | |
(2) a crematory device operator's certification of |
| training is conspicuously displayed at the crematory; | |
(3) the cremation device has a current operating |
| permit issued by the Illinois Environmental Protection Agency and the permit is conspicuously displayed in the crematory; | |
(4) the crematory authority is in compliance with |
| local zoning requirements; and | |
(5) the crematory authority license issued by the |
| Comptroller is conspicuously displayed at the crematory. | |
(h) The Comptroller shall issue licenses under this Act to the crematories that are registered with the Comptroller as of July 1, 2003 without requiring the previously registered crematories to complete license applications.
(Source: P.A. 92‑419, eff. 1‑1‑02; 92‑675, eff. 7‑1‑03.)
(Text of Section after amendment by P.A. 96‑863 )
(Section scheduled to be repealed on January 1, 2021)
Sec. 10. Establishment of crematory and licensing of crematory authority.
(a) Any person doing business in this State, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization or any other entity, may erect, maintain, and operate a crematory in this State and provide the necessary appliances and facilities for the cremation of human remains in accordance with this Act.
(b) A crematory shall be subject to all local, State, and federal health and environmental protection requirements and shall obtain all necessary licenses and permits from the Department of Financial and Professional Regulation, the Department of Public Health, the federal Department of Health and Human Services, and the Illinois and federal Environmental Protection Agencies, or such other appropriate local, State, or federal agencies.
(c) A crematory may be constructed on or adjacent to any cemetery, on or adjacent to any funeral establishment, or at any other location consistent with local zoning regulations.
(d) An application for licensure as a crematory authority shall be in writing on forms furnished by the Department. Applications shall be accompanied by a reasonable fee determined by rule and shall contain all of the following:
(1) The full name and address, both residence and |
| business, of the applicant if the applicant is an individual; the full name and address of every member if the applicant is a partnership; the full name and address of every member of the board of directors if the applicant is an association; and the name and address of every officer, director, and shareholder holding more than 25% of the corporate stock if the applicant is a corporation. | |
(2) The address and location of the crematory.
(3) A description of the type of structure and |
| equipment to be used in the operation of the crematory, including the operating permit number issued to the cremation device by the Illinois Environmental Protection Agency. | |
(4) Any further information that the Department |
| reasonably may require as established by rule. | |
(e) Each crematory authority shall file an annual report with the Department, accompanied with a reasonable fee determined by rule, providing (i) an affidavit signed by the owner of the crematory authority that at the time of the report the cremation device was in proper operating condition, (ii) the total number of all cremations performed at the crematory during the past year, (iii) attestation by the licensee that all applicable permits and certifications are valid, (iv) either (A) any changes required in the information provided under subsection (d) or (B) an indication that no changes have occurred, and (v) any other information that the Department may require as established by rule. The annual report shall be filed by a crematory authority on or before March 15 of each calendar year. If the fiscal year of a crematory authority is other than on a calendar year basis, then the crematory authority shall file the report required by this Section within 75 days after the end of its fiscal year. If a crematory authority fails to submit an annual report to the Department within the time specified in this Section, the Department shall impose upon the crematory authority a penalty as provided for by rule for each and every day the crematory authority remains delinquent in submitting the annual report. The Department may abate all or part of the penalty for good cause shown.
(f) All records required to be maintained under this Act, including but not limited to those relating to the license and annual report of the crematory authority required to be filed under this Section, shall be subject to inspection by the Comptroller upon reasonable notice.
(g) The Department may inspect crematory records at the crematory authority's place of business to review the licensee's compliance with this Act. The inspection must include verification that:
(1) the crematory authority has complied with |
| record‑keeping requirements of this Act; | |
(2) a crematory device operator's certification of |
| training is conspicuously displayed at the crematory; | |
(3) the cremation device has a current operating |
| permit issued by the Illinois Environmental Protection Agency and the permit is conspicuously displayed in the crematory; | |
(4) the crematory authority is in compliance with |
| local zoning requirements; and | |
(5) the crematory authority license issued by the |
| Department is conspicuously displayed at the crematory. | |
(6) other details as determined by rule.
(h) The Department shall issue licenses under this Act to the crematories that are registered with the Comptroller as of on March 1, 2012 without requiring the previously registered crematories to complete license applications.
(Source: P.A. 96‑863, eff. 3‑1‑12.) |
(410 ILCS 18/11)
(Text of Section before amendment by P.A. 96‑863
)
(Section scheduled to be repealed on January 1, 2021)
Sec. 11.
Grounds for refusal of license or suspension or revocation of license.
(a) In this Section, "applicant" means a person who has applied for a license under this Act.
(b) The Comptroller may refuse to issue a license under this Act, or may suspend or revoke a license issued under this Act, on any of the following grounds:
(1) The applicant or licensee has made any
| misrepresentation or false statement or concealed any material fact in connection with a license application or licensure under this Act. | |
(2) The applicant or licensee has been engaged in |
| business practices that work a fraud. | |
(3) The applicant or licensee has refused to give |
| information required under this Act to be disclosed to the Comptroller. | |
(4) The applicant or licensee has conducted or is |
| about to conduct cremation business in a fraudulent manner. | |
(5) As to any individual listed in the license |
| application as required under Section 10, that individual has conducted or is about to conduct any cremation business on behalf of the applicant in a fraudulent manner or has been convicted of any felony or misdemeanor an essential element of which is fraud. | |
(6) The applicant or licensee has failed to make the |
| annual report required by this Act or to comply with a final order, decision, or finding of the Comptroller made under this Act. | |
(7) The applicant or licensee, including any member, |
| officer, or director of the applicant or licensee if the applicant or licensee is a firm, partnership, association, or corporation and including any shareholder holding more than 25% of the corporate stock of the applicant or licensee, has violated any provision of this Act or any regulation or order made by the Comptroller under this Act. | |
(8) The Comptroller finds any fact or condition |
| existing that, if it had existed at the time of the original application for a license under this Act, would have warranted the Comptroller in refusing the issuance of the license. | |
(Source: P.A. 92‑675, eff. 7‑1‑03.)
(Text of Section after amendment by P.A. 96‑863 )
(Section scheduled to be repealed on January 1, 2021)
Sec. 11. Grounds for denial or discipline.
(a) In this Section, "applicant" means a person who has applied for a license under this Act including those persons whose names are listed on a license application in Section 10 of this Act.
(b) The Department may refuse to issue a license, place on probation, reprimand, or take other disciplinary action that the Department may deem appropriate, including imposing fines not to exceed $10,000 for each violation, with regard to any license under this Act, or may suspend or revoke a license issued under this Act, on any of the following grounds:
(1) The applicant or licensee has made any |
| misrepresentation or false statement or concealed any material fact in furnishing information to the Department. | |
(2) The applicant or licensee has been engaged in |
| business practices that work a fraud. | |
(3) The applicant or licensee has refused to give |
| information required under this Act to be disclosed to the Department or failing, within 30 days, to provide information in response to a written request made by the Department. | |
(4) Engaging in dishonorable, unethical, or |
| unprofessional conduct of a character likely to deceive, defraud, or harm the public. | |
(5) As to any individual listed in the license |
| application as required under Section 10, that individual has conducted or is about to conduct any cremation business on behalf of the applicant in a fraudulent manner or has been convicted of any felony or misdemeanor an essential element of which is fraud. | |
(6) The applicant or licensee has failed to make the |
| annual report required by this Act or to comply with a final order, decision, or finding of the Department made under this Act. | |
(7) The applicant or licensee, including any member, |
| officer, or director of the applicant or licensee if the applicant or licensee is a firm, partnership, association, or corporation and including any shareholder holding more than 25% of the corporate stock of the applicant or licensee, has violated any provision of this Act or any regulation or order made by the Department under this Act. | |
(8) The Department finds any fact or condition |
| existing that, if it had existed at the time of the original application for a license under this Act, would have warranted the Comptroller in refusing the issuance of the license. | |
(9) Any violation of this Act or of the rules adopted |
|
(10) Incompetence.
(11) Gross malpractice.
(12) Discipline by another state, District of |
| Columbia, territory, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section. | |
(13) Directly or indirectly giving to or receiving |
| from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for professional services not actually or personally rendered. | |
(14) A finding by the Department that the licensee, |
| after having its license placed on probationary status, has violated the terms of probation. | |
(15) Willfully making or filing false records or |
| reports, including, but not limited to, false records filed with State agencies or departments. | |
(16) Gross, willful, or continued overcharging for |
| professional services, including filing false statements for collection of fees for which services are not rendered. | |
(17) Practicing under a false or, except as provided |
|
(18) Cheating on or attempting to subvert this Act's |
| licensing application process. | |
(Source: P.A. 96‑863, eff. 3‑1‑12.) |
(410 ILCS 18/20)
(Text of Section before amendment by P.A. 96‑863
)
(Section scheduled to be repealed on January 1, 2021)
Sec. 20.
Authorization to cremate.
(a) A crematory authority shall not cremate human remains until it has received all of the following:
(1) A cremation authorization form signed by an
| authorizing agent. The cremation authorization form shall be provided by the crematory authority and shall contain, at a minimum, the following information: | |
(A) The identity of the human remains and the |
|
(B) The name of the funeral director or funeral |
| establishment that obtained the cremation authorization. | |
(C) Notification as to whether the death |
| occurred from a disease declared by the Department of Health to be infectious, contagious, communicable, or dangerous to the public health. | |
(D) The name of the authorizing agent and the |
| relationship between the authorizing agent and the decedent. | |
(E) A representation that the authorizing agent |
| does in fact have the right to authorize the cremation of the decedent, and that the authorizing agent is not aware of any living person who has a superior priority right to that of the authorizing agent, as set forth in Section 15. In the event there is another living person who has a superior priority right to that of the authorizing agent, the form shall contain a representation that the authorizing agent has made all reasonable efforts to contact that person, has been unable to do so, and has no reason to believe that the person would object to the cremation of the decedent. | |
(F) Authorization for the crematory authority to |
| cremate the human remains. | |
(G) A representation that the human remains do |
| not contain a pacemaker or any other material or implant that may be potentially hazardous or cause damage to the cremation chamber or the person performing the cremation. | |
(H) The name of the person authorized to receive |
| the cremated remains from the crematory authority. | |
(I) The manner in which final disposition of the |
| cremated remains is to take place, if known. If the cremation authorization form does not specify final disposition in a grave, crypt, niche, or scattering area, then the form may indicate that the cremated remains will be held by the crematory authority for 30 days before they are released, unless they are picked up from the crematory authority prior to that time, in person, by the authorizing agent. At the end of the 30 days the crematory authority may return the cremated remains to the authorizing agent if no final disposition arrangements are made; or at the end of 60 days the crematory authority may dispose of the cremated remains in accordance with subsection (d) of Section 40. | |
(J) A listing of any items of value to be |
| delivered to the crematory authority along with the human remains, and instructions as to how the items should be handled. | |
(K) A specific statement as to whether the |
| authorizing agent has made arrangements for any type of viewing of the decedent before cremation, or for a service with the decedent present before cremation in connection with the cremation, and if so, the date and time of the viewing or service and whether the crematory authority is authorized to proceed with the cremation upon receipt of the human remains. | |
(L) The signature of the authorizing agent, |
| attesting to the accuracy of all representations contained on the cremation authorization form, except as set forth in paragraph (M) of this subsection. | |
(M) If a cremation authorization form is being |
| executed on a pre‑need basis, the cremation authorization form shall contain the disclosure required by subsection (b) of Section 65. | |
(N) The cremation authorization form, other than |
| pre‑need cremation forms, shall also be signed by a funeral director or other representative of the funeral establishment that obtained the cremation authorization. That individual shall merely execute the cremation authorization form as a witness and shall not be responsible for any of the representations made by the authorizing agent, unless the individual has actual knowledge to the contrary. The information requested by items (A), (B), (C) and (G) of this subsection, however, shall be considered to be representations of the authorizing agent. In addition, the funeral director or funeral establishment shall warrant to the crematory that the human remains delivered to the crematory authority are the human remains identified on the cremation authorization form. | |
(2) A completed and executed burial transit permit |
| indicating that the human remains are to be cremated. | |
(3) Any other documentation required by this State.
(b) If an authorizing agent is not available to execute a cremation authorization form in person, that person may delegate that authority to another person in writing, or by sending the crematory authority a facsimile transmission that contains the name, address, and relationship of the sender to the decedent and the name and address of the individual to whom authority is delegated. Upon receipt of the written document, or facsimile transmission, telegram, or other electronic telecommunications transmission which specifies the individual to whom authority has been delegated, the crematory authority shall allow this individual to serve as the authorizing agent and to execute the cremation authorization form. The crematory authority shall be entitled to rely upon the cremation authorization form without liability.
(c) An authorizing agent who signs a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth on the cremation authorization form, including that person's authority to order the cremation; except for the information required by items (C) and (G) of paragraph (1) of subsection (a) of this Section, unless the authorizing agent has actual knowledge to the contrary. An authorizing agent signing a cremation authorization form shall be personally and individually liable for all damages occasioned by and resulting from authorizing the cremation.
(d) A crematory authority shall have authority to cremate human remains upon the receipt of a cremation authorization form signed by an authorizing agent. There shall be no liability for a crematory authority that cremates human remains according to an authorization, or that releases or disposes of the cremated remains according to an authorization, except for a crematory authority's gross negligence, provided that the crematory authority performs its functions in compliance with this Act.
(e) After an authorizing agent has executed a cremation authorization form, the authorizing agent may revoke the authorization and instruct the crematory authority to cancel the cremation and to release or deliver the human remains to another crematory authority or funeral establishment. The instructions shall be provided to the crematory authority in writing. A crematory authority shall honor any instructions given to it by an authorizing agent under this Section if it receives the instructions prior to beginning the cremation of the human remains.
(Source: P.A. 87‑1187.)
(Text of Section after amendment by P.A. 96‑863 )
(Section scheduled to be repealed on January 1, 2021)
Sec. 20. Authorization to cremate.
(a) A crematory authority shall not cremate human remains until it has received all of the following:
(1) A cremation authorization form signed by an |
| authorizing agent. The cremation authorization form shall be provided by the crematory authority and shall contain, at a minimum, the following information: | |
(A) The identity of the human remains and the |
|
(B) The name of the funeral director and funeral |
| establishment, if applicable, that obtained the cremation authorization. | |
(C) Notification as to whether the death |
| occurred from a disease declared by the Department of Health to be infectious, contagious, communicable, or dangerous to the public health. | |
(D) The name of the authorizing agent and the |
| relationship between the authorizing agent and the decedent. | |
(E) A representation that the authorizing agent |
| does in fact have the right to authorize the cremation of the decedent, and that the authorizing agent is not aware of any living person who has a superior priority right to that of the authorizing agent, as set forth in Section 15. In the event there is another living person who has a superior priority right to that of the authorizing agent, the form shall contain a representation that the authorizing agent has made all reasonable efforts to contact that person, has been unable to do so, and has no reason to believe that the person would object to the cremation of the decedent. | |
(F) Authorization for the crematory authority to |
| cremate the human remains. | |
(G) A representation that the human remains do |
| not contain a pacemaker or any other material or implant that may be potentially hazardous or cause damage to the cremation chamber or the person performing the cremation. | |
(H) The name of the person authorized to receive |
| the cremated remains from the crematory authority. | |
(I) The manner in which final disposition of the |
| cremated remains is to take place, if known. If the cremation authorization form does not specify final disposition in a grave, crypt, niche, or scattering area, then the form may indicate that the cremated remains will be held by the crematory authority for 30 days before they are released, unless they are picked up from the crematory authority prior to that time, in person, by the authorizing agent. At the end of the 30 days the crematory authority may return the cremated remains to the authorizing agent if no final disposition arrangements are made; or at the end of 60 days the crematory authority may dispose of the cremated remains in accordance with subsection (d) of Section 40. | |
(J) A listing of any items of value to be |
| delivered to the crematory authority along with the human remains, and instructions as to how the items should be handled. | |
(K) A specific statement as to whether the |
| authorizing agent has made arrangements for any type of viewing of the decedent before cremation, or for a service with the decedent present before cremation in connection with the cremation, and if so, the date and time of the viewing or service and whether the crematory authority is authorized to proceed with the cremation upon receipt of the human remains. | |
(L) The signature of the authorizing agent, |
| attesting to the accuracy of all representations contained on the cremation authorization form, except as set forth in paragraph (M) of this subsection. | |
(M) If a cremation authorization form is being |
| executed on a pre‑need basis, the cremation authorization form shall contain the disclosure required by subsection (b) of Section 140. | |
(N) The cremation authorization form, other than |
| pre‑need cremation forms, shall also be signed by a funeral director or other representative of the funeral establishment that obtained the cremation authorization. That individual shall merely execute the cremation authorization form as a witness and shall not be responsible for any of the representations made by the authorizing agent, unless the individual has actual knowledge to the contrary. The information requested by items (A), (B), (C) and (G) of this subsection, however, shall be considered to be representations of the authorizing agent. In addition, the funeral director or funeral establishment shall warrant to the crematory that the human remains delivered to the crematory authority are the human remains identified on the cremation authorization form. | |
(2) A completed and executed burial transit permit |
| indicating that the human remains are to be cremated. | |
(3) Any other documentation required by this State.
(b) If an authorizing agent is not available to execute a cremation authorization form in person, that person may delegate that authority to another person in writing, or by sending the crematory authority a facsimile transmission that contains the name, address, and relationship of the sender to the decedent and the name and address of the individual to whom authority is delegated. Upon receipt of the written document, or facsimile transmission, telegram, or other electronic telecommunications transmission which specifies the individual to whom authority has been delegated, the crematory authority shall allow this individual to serve as the authorizing agent and to execute the cremation authorization form. The crematory authority shall be entitled to rely upon the cremation authorization form without liability.
(c) An authorizing agent who signs a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth on the cremation authorization form, including that person's authority to order the cremation; except for the information required by items (C) and (G) of paragraph (1) of subsection (a) of this Section, unless the authorizing agent has actual knowledge to the contrary. An authorizing agent signing a cremation authorization form shall be personally and individually liable for all damages occasioned by and resulting from authorizing the cremation.
(d) A crematory authority shall have authority to cremate human remains upon the receipt of a cremation authorization form signed by an authorizing agent. There shall be no liability for a crematory authority that cremates human remains according to an authorization, or that releases or disposes of the cremated remains according to an authorization, except for a crematory authority's gross negligence, provided that the crematory authority performs its functions in compliance with this Act.
(e) After an authorizing agent has executed a cremation authorization form, the authorizing agent may revoke the authorization and instruct the crematory authority to cancel the cremation and to release or deliver the human remains to another crematory authority or funeral establishment. The instructions shall be provided to the crematory authority in writing. A crematory authority shall honor any instructions given to it by an authorizing agent under this Section if it receives the instructions prior to beginning the cremation of the human remains.
(Source: P.A. 96‑863, eff. 3‑1‑12.) |
(410 ILCS 18/55)
(Text of Section before amendment by P.A. 96‑863
)
(Section scheduled to be repealed on January 1, 2021)
Sec. 55.
Penalties.
Violations of this Act shall be punishable as follows:
(1) Performing a cremation without receipt of a
| cremation authorization form signed by an authorizing agent shall be a Class 4 felony. | |
(2) Signing a cremation authorization form with the |
| actual knowledge that the form contains false or incorrect information shall be a Class 4 felony. | |
(3) A Violation of any cremation procedure set forth |
| in Section 35 shall be a Class 4 felony. | |
(4) Holding oneself out to the public as a crematory |
| authority, or the operation of a building or structure within this State as a crematory, without being licensed under this Act, shall be a Class A misdemeanor. | |
(4.5) Performance of a cremation service by a person |
| who has not completed a training program as defined in Section 22 of this Act shall be a Class A misdemeanor. | |
(4.10) Any person who intentionally violates a |
| provision of this Act or a final order of the Comptroller is liable for a civil penalty not to exceed $5,000 per violation. | |
(4.15) Any person who knowingly acts without proper |
| legal authority and who willfully and knowingly destroys or damages the remains of a deceased human being or who desecrates human remains is guilty of a Class 3 felony. | |
(5) A violation of any other provision of this Act |
| shall be a Class B misdemeanor. | |
(Source: P.A. 92‑675, eff. 7‑1‑03.)
(Text of Section after amendment by P.A. 96‑863 )
(Section scheduled to be repealed on January 1, 2021)
Sec. 55. Penalties. Violations of this Act shall be punishable as follows:
(1) Performing a cremation without receipt of a |
| cremation authorization form signed by an authorizing agent shall be a Class 4 felony. | |
(2) Signing a cremation authorization form with the |
| actual knowledge that the form contains false or incorrect information shall be a Class 4 felony. | |
(3) A Violation of any cremation procedure set forth |
| in Section 35 shall be a Class 4 felony. | |
(4) Holding oneself out to the public as a crematory |
| authority, or the operation of a building or structure within this State as a crematory, without being licensed under this Act, shall be a Class A misdemeanor. | |
(4.5) Performance of a cremation service by a person |
| who has not completed a training program as defined in Section 22 of this Act shall be a Class A misdemeanor. | |
(4.10) Any person who intentionally violates a |
| provision of this Act or a final order of the Department is liable for a civil penalty not to exceed $10,000 per violation. | |
(4.15) Any person who knowingly acts without proper |
| legal authority and who willfully and knowingly destroys or damages the remains of a deceased human being or who desecrates human remains is guilty of a Class 3 felony. | |
(5) A violation of any other provision of this Act |
| shall be a Class B misdemeanor. | |
(Source: P.A. 96‑863, eff. 3‑1‑12.) |
(410 ILCS 18/65)
(Text of Section before amendment by P.A. 96‑863
)
(Section scheduled to be repealed on January 1, 2021)
Sec. 65.
Pre‑need cremation arrangements.
(a) Any person, or anyone who has legal authority to act on behalf of a person, on a pre‑need basis, may authorize his or her own cremation and the final disposition of his or her cremated remains by executing, as the authorizing agent, a cremation authorization form on a pre‑need basis. A copy of this form shall be provided to the person. Any person shall have the right to transfer or cancel this authorization at any time prior to death by destroying the executed cremation authorization form and providing written notice to the crematory authority.
(b) Any cremation authorization form that is being executed by an individual as his or her own authorizing agent on a pre‑need basis shall contain the following disclosure, which shall be completed by the authorizing agent:
"( ) I do not wish to allow any of my survivors the
| option of cancelling my cremation and selecting alternative arrangements, regardless of whether my survivors deem a change to be appropriate. | |
( ) I wish to allow only the survivors whom I have |
| designated below the option of cancelling my cremation and selecting alternative arrangements, if they deem a change to be appropriate:............" | |
(c) Except as provided in subsection (b) of this Section, at the time of the death of a person who has executed, as the authorizing agent, a cremation authorization form on a pre‑need basis, any person in possession of an executed form and any person charged with making arrangements for the final disposition of the decedent who has knowledge of the existence of an executed form, shall use their best efforts to ensure that the decedent is cremated and that the final disposition of the cremated remains is in accordance with the instructions contained on the cremation authorization form. If a crematory authority (i) is in possession of a completed cremation authorization form that was executed on a pre‑need basis, (ii) is in possession of the designated human remains, and (iii) has received payment for the cremation of the human remains and the final disposition of the cremated remains or is otherwise assured of payment, then the crematory authority shall be required to cremate the human remains and dispose of the cremated remains according to the instructions contained on the cremation authorization form, and may do so without any liability.
(e) Any pre‑need contract sold by, or pre‑need arrangements made with, a cemetery, funeral establishment, crematory authority, or any other party that includes a cremation shall specify the final disposition of the cremated remains, in accordance with Section 40. In the event that no different or inconsistent instructions are provided to the crematory authority by the authorizing agent at the time of death, the crematory authority shall be authorized to release or dispose of the cremated remains as indicated in the pre‑need agreement. Upon compliance with the terms of the pre‑need agreement, the crematory authority shall be discharged from any legal obligation concerning the cremated remains.
(f) This Section shall not apply to any cremation authorization form or pre‑need contract executed prior to the effective date of this Act. Any cemetery, funeral establishment, crematory authority, or other party, however, with the written approval of the authorizing agent or person who executed the pre‑need contract, may designate that the cremation authorization form or pre‑need contract shall be subject to this Act.
(Source: P.A. 87‑1187.)
(Text of Section after amendment by P.A. 96‑863 )
(Section scheduled to be repealed on January 1, 2021)
Sec. 65. Pre‑need cremation arrangements.
(a) Any person, or anyone who has legal authority to act on behalf of a person, on a pre‑need basis, may authorize his or her own cremation and the final disposition of his or her cremated remains by executing, as the authorizing agent, a cremation authorization form on a pre‑need basis. A copy of this form shall be provided to the person. Any person shall have the right to transfer or cancel this authorization at any time prior to death by destroying the executed cremation authorization form and providing written notice to the crematory authority.
(b) Any cremation authorization form that is being executed by an individual as his or her own authorizing agent on a pre‑need basis shall contain the following disclosure, which shall be completed by the authorizing agent:
"( ) I do not wish to allow any of my survivors the |
| option of cancelling my cremation and selecting alternative arrangements, regardless of whether my survivors deem a change to be appropriate. | |
( ) I wish to allow only the survivors whom I have |
| designated below the option of cancelling my cremation and selecting alternative arrangements, if they deem a change to be appropriate:............" | |
(c) Except as provided in subsection (b) of this Section, at the time of the death of a person who has executed, as the authorizing agent, a cremation authorization form on a pre‑need basis, any person in possession of an executed form and any person charged with making arrangements for the final disposition of the decedent who has knowledge of the existence of an executed form, shall use their best efforts to ensure that the decedent is cremated and that the final disposition of the cremated remains is in accordance with the instructions contained on the cremation authorization form. If a crematory authority (i) is in possession of a completed cremation authorization form that was executed on a pre‑need basis, (ii) is in possession of the designated human remains, and (iii) has received payment for the cremation of the human remains and the final disposition of the cremated remains or is otherwise assured of payment, then the crematory authority shall be required to cremate the human remains and dispose of the cremated remains according to the instructions contained on the cremation authorization form, and may do so without any liability.
(d) Any pre‑need contract sold by, or pre‑need arrangements made with, a cemetery, funeral establishment, crematory authority, or any other party that includes a cremation shall specify the final disposition of the cremated remains, in accordance with Section 40. In the event that no different or inconsistent instructions are provided to the crematory authority by the authorizing agent at the time of death, the crematory authority shall be authorized to release or dispose of the cremated remains as indicated in the pre‑need agreement. Upon compliance with the terms of the pre‑need agreement, the crematory authority shall be discharged from any legal obligation concerning the cremated remains. The pre‑need agreement shall be kept as a permanent record by the crematory authority.
(e) This Section shall not apply to any cremation authorization form or pre‑need contract executed prior to the effective date of this Act. Any cemetery, funeral establishment, crematory authority, or other party, however, with the written approval of the authorizing agent or person who executed the pre‑need contract, may designate that the cremation authorization form or pre‑need contract shall be subject to this Act.
(Source: P.A. 96‑863, eff. 3‑1‑12.) |