(3) In accordance with the provisions of paragraph (2) of this Section
the funeral director or person acting as such who first assumes custody
of a dead body or fetus shall obtain a permit for disposition of such
dead human body prior to final disposition or removal from the State of the
body or fetus. Such permit shall be issued by the registrar of the
district where death occurred or the body or fetus was found. No such
permit shall be issued until a properly completed certificate of death has
been filed with the registrar. The registrar shall insure the issuance of
a permit for disposition within an expedited period of time to accommodate
Sunday or holiday burials of decedents whose time of death and religious
tenets or beliefs necessitate Sunday or holiday burials.
(4) A permit which accompanies a dead body or fetus brought into this
State shall be authority for final disposition of the body or fetus in this
State, except in municipalities where local ordinance requires the issuance
of a local permit prior to disposition.
(5) A permit for disposition of a dead human body shall be required
prior to disinterment of a dead body or fetus, and when the disinterred
body is to be shipped by a common carrier. Such permit shall be issued to
a licensed funeral director or person acting as such, upon proper
application, by the local registrar of the district in which disinterment
is to be made. In the case of disinterment, proper application shall
include a statement providing the name and address of any surviving spouse
of the deceased, or, if none, any surviving children of the deceased, or if
no surviving spouse or children, a parent, brother, or sister of the
deceased. The
application shall indicate whether the applicant is one of these parties
and, if so, whether the applicant is a surviving spouse or a surviving
child. Prior to the issuance of a permit for disinterment, the
local registrar shall, by certified mail, notify the surviving spouse,
unless he or she is the applicant, or if there is no surviving spouse, all
surviving children except for the applicant, of the application for the
permit. The person or persons notified shall have 30 days from the mailing
of the notice to object by obtaining an injunction enjoining the issuance
of the permit. After the 30-day period has expired, the local registrar
shall issue the permit unless he or she has been enjoined from doing so or
there are other statutory grounds for refusal. The notice to the spouse or
surviving children shall inform the person or persons being notified of the
right to seek an injunction within 30 days. Notwithstanding any other
provision of this subsection (5), a court may order issuance of a permit
for disinterment without notice or prior to the expiration of the 30-day
period where the petition is made by an agency of any governmental unit and
good cause is shown for disinterment without notice or for the early order.
Nothing in this subsection (5) limits the authority of the City of Chicago to
acquire property or otherwise exercise its powers under the O'Hare
Modernization Act or requires that City,
or
any person acting on behalf of that City, to obtain a permit under this
subsection (5) when exercising powers under the O'Hare Modernization Act.
(Source: P.A. 93-450, eff. 8-6-03.)
|