§ 40

(Section scheduled to be repealed on January 1, 2029) Sec. 40. 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. When a deceased individual is a member of a religion where the tenets of their faith require the scattering of that individual's cremated remains in water, the deceased individual's cremated remains may be scattered in an Illinois river without approval through the Department of Natural Resources' permit process as long as the scattering of the cremated remains is: (1) limited to one deceased individual; (2) spread over an area large enough to avoid leaving an identifiable accumulation of remains; (3) out of sight of any public use areas, including, but not limited to, roads, walkways, trails, picnic areas, campgrounds, and parking lots; and (4) conducted in a manner in which no other objects, including, but not limited to, any cremation identification disc, body prosthesis, or artificial organ, other than pulverized cremated remains, are scattered into a river. Nothing in this subsection (b) grants an individual authority to trespass on private property. (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 person shall: (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.

Legislative History

(Source: P.A. 104-124, eff. 1-1-26 .)