Rep. Kelly M. Cassidy

Filed: 3/21/2023

 

 


 

 


 
10300HB3158ham003LRB103 29928 JDS 59586 a

1
AMENDMENT TO HOUSE BILL 3158

2    AMENDMENT NO. ______. Amend House Bill 3158 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Natural Organic Reduction Regulation Act.
 
6    Section 5. Legislative intent. The practice of natural
7organic reduction in the State is declared to be a practice
8affecting the public health, safety, and welfare and subject
9to regulation and control in the public interest. It is
10further declared to be a matter of public interest and concern
11that the preparation, care, and final disposition of a
12deceased human body be attended with appropriate observance
13and understanding, having due regard and respect for the
14reverent care of the human body and for those bereaved and the
15overall spiritual dignity of the human. It is further a matter
16of public interest that the practice of natural organic

 

 

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1reduction, as defined in this Act, be done only by qualified
2persons authorized by this Act. This Act shall be liberally
3construed to best carry out these subjects and purposes.
 
4    Section 10. Definitions. As used in this Act:
5    "Address of record" means the designated address recorded
6by the Comptroller in the applicant's or licensee's
7application file or license file. The address of record shall
8be the permanent street address of the natural organic
9reduction facility.
10    "Alternative container" means a receptacle or
11biodegradable external wrapping, other than a casket, in which
12human remains are transported to the natural organic reduction
13facility. An alternative container shall be: (i) able to be
14closed in order to provide a complete covering for the human
15remains; (ii) resistant to leakage or spillage; (iii) rigid
16enough for handling with ease; and (iv) able to provide
17protection for the health, safety, and personal integrity of
18the natural organic reduction facilities personnel.
19    "Authorizing agent" means a person legally entitled to
20order the natural organic reduction and final disposition of
21specific human remains. "Authorizing agent" includes an
22institution of medical, mortuary, or other sciences as
23provided in Section 20 of the Disposition of Remains of the
24Indigent Act.
25    "Body parts" means limbs or other portions of the anatomy

 

 

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1that are removed from a person or human remains for medical
2purposes during treatment, surgery, biopsy, autopsy, or
3medical research or human bodies or any portion of bodies that
4have been donated to science for medical research purposes.
5    "Burial transit permit" means a permit for disposition of
6a dead human body as required by State law.
7    "Casket" means a ridged container that is designed for the
8encasement of human remains. A casket is usually constructed
9of wood, metal, or like material and ornamented and lined with
10fabric, and may or may not be combustible.
11    "Comptroller" means the Comptroller of the State.
12    "Disposition authority" means the legal entity which is
13licensed by the Comptroller to operate a natural organic
14reduction facility and to perform natural organic reductions.
15    "Final disposition" means the burial, cremation, natural
16organic reduction, or other disposition of human remains or
17parts of human remains.
18    "Funeral director" means a person known by the title of
19"funeral director", "funeral director and embalmer", or other
20similar words or titles licensed by the State to practice
21funeral directing or funeral directing and embalming.
22    "Funeral establishment" means a building or separate
23portion of a building having a specific street address and
24location and devoted to activities relating to the shelter,
25care, custody, and preparation of a deceased human body and
26may contain facilities for funeral or wake services.

 

 

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1    "Holding facility" means an area that: (i) is designated
2for the retention of human remains prior to natural organic
3reduction; (ii) complies with all applicable public health
4law; (iii) preserves the health and safety of the natural
5organic reduction facilities personnel; and (iv) is secure
6from access by anyone other than authorized persons. A holding
7facility may be located in the natural organic reduction room,
8consistent with the refrigeration requirements of this Act.
9    "Human remains" means the body of a deceased person,
10including any form of body prosthesis that has been
11permanently attached or implanted in the body.
12    "Integrate into the soil" means the authorized addition
13and mixing of reduced human remains with existing soil in a
14defined area within a dedicated cemetery, conservation area,
15property where the person who has control over the disposition
16of the reduced human remains has obtained written permission
17of the property owner.
18    "Licensee" means an entity licensed under this Act. An
19entity that holds itself as a licensee or that is accused of
20unlicensed practice is considered a licensee for purposes of
21enforcement, investigation, hearings, and the Illinois
22Administrative Procedure Act.
23    "Natural organic reduction" means the process of
24transforming a human body into soil using the natural
25decomposition process, accelerated with the addition of
26organic materials through the following steps:

 

 

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1        (1) The body of a deceased person is mixed together
2    with natural materials and air and is periodically turned,
3    eventually resulting in the body's reduction to a soil
4    material.
5        (2) Large tanks, containers, or similar vessels hold
6    human remains together with straw, wood chips, or other
7    natural materials until the process is complete. Any such
8    tank, container, or similar vessel shall be stainless
9    steel, leakproof, promote aerobic reduction and provide
10    for continuous monitoring of the natural organic reduction
11    process.
12        (3) The processing of the remains after removal from
13    the reduction chamber.
14    "Natural organic reduction authorization" means the
15natural organic reduction form authorizing a natural organic
16reduction which is signed by the next of kin or authorizing
17agent. This natural organic reduction form must be a separate
18document and cannot be a part of another form or document.
19    "Natural organic reduction facility" means the building or
20portions of a building that houses the natural organic
21reduction room and the holding facility. The facility shall
22have a ventilation system that ventilates from the tank,
23container, or similar vessel to a biofiltration system.
24    "Natural organic reduction room" means the room in which
25the reduction chambers are located.
26    "Niche" means a compartment or cubicle for the

 

 

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1memorialization and permanent placement of an urn containing
2reduced remains.
3    "Person" means any person, partnership, association,
4corporation, limited liability company, or other entity, and
5in the case of any such business organization, its officers,
6partners, members, or shareholders possessing 25% or more of
7ownership of the entity.
8    "Processing" means the removal of foreign objects as well
9as, but not limited to, grinding, crushing, and pulverizing of
10the remaining teeth and bones for the reduced human remains to
11be integrated into the soil.
12    "Pulverization" means the reduction of identifiable bone
13fragments after the completion of the natural organic
14reduction process to granulated particles by manual or
15mechanical means.
16    "Reduction chamber" means the enclosed space within which
17individual human remains are reduced and any other attached,
18non-enclosed, mechanical components that are necessary for the
19safe and proper functioning of the equipment. A reduction
20chamber shall meet or exceed the requirements set by the
21federal Centers for Disease Control and Prevention for
22destruction of human pathogens.
23    "Reduced human remains" means the remains of a human body
24that have been reduced to soil through a process of reduction.
25"Reduced human remains" does not include foreign materials,
26pacemakers, or prostheses.

 

 

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1    "Reduced remains interment container" means a rigid outer
2container that is subject to a cemetery's rules and
3regulations.
4    "Scattering area" means an area which may be designated by
5a cemetery and located on dedicated cemetery property, or an
6area designated as a scattering area on private land or a
7privately owned nature preserve where reduced human remains,
8which have been removed from the container, can be mixed with,
9or placed on top of, the soil or ground cover.
10    "Temporary container" means a receptacle for reduced human
11remains, usually composed of cardboard, plastic or similar
12material, that can be closed in a manner that prevents the
13leakage or spillage of the reduced human remains or the
14entrance of foreign material and is a single container of
15sufficient size to hold the reduced human remains until an urn
16is acquired, or the reduced human remains are scattered.
17    "Urn" means a receptacle designed to encase a portion of
18the reduced human remains.
 
19    Section 15. Powers and duties of the Comptroller. Subject
20to the provisions of this Act, the Comptroller may exercise
21any of the following powers and duties:
22        (1) authorize standards to ascertain the
23    qualifications and fitness of applicants for licensing as
24    licensed natural organic reduction authorities and pass
25    upon the qualifications of applicants for licensure;

 

 

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1        (2) examine and audit a licensed disposition
2    authority's record, natural organic reduction facility, or
3    any other aspects of the natural organic reduction
4    operations as the Comptroller deems appropriate;
5        (3) investigate any and all unlicensed activity;
6        (4) conduct hearings on proceedings to refuse to issue
7    licenses or to revoke, suspend, place on probation,
8    reprimand, or otherwise discipline licensees and to refuse
9    to issue licenses or to revoke, suspend, place on
10    probation, reprimand, or otherwise discipline licensees;
11        (5) formulate rules required for the administration of
12    this Act; and
13        (6) maintain rosters of the names and addresses of all
14    licensees, and all entities whose licenses have been
15    suspended, revoked, or otherwise disciplined. These
16    rosters shall be available upon written request and
17    payment of the required fee.
 
18    Section 20. Establishment of a natural organic reduction
19facility and licensing of disposition authority.
20    (a) Any person doing business in this State, or any
21cemetery, crematory, funeral establishment, corporation,
22partnership, joint venture, voluntary organization, or any
23other entity, may erect, maintain, and operate a natural
24organic reduction facility in this State and provide the
25necessary appliances and facilities for the natural organic

 

 

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1reduction of human remains in accordance with this Act.
2    (b) A natural organic reduction facility shall be subject
3to all local, State, and federal health and environmental
4protection requirements and shall obtain all necessary
5licenses and permits from the Department of Financial and
6Professional Regulation, the Department of Public Health, the
7federal Department of Health and Human Services, and the State
8and federal Environmental Protection Agencies, or such other
9appropriate local, State, or federal agencies.
10    (c) A natural organic reduction facility may be
11constructed on or adjacent to any cemetery, crematory, on or
12adjacent to any funeral establishment, or at any other
13location consistent with local zoning regulations.
14    (d) An application for licensure as a disposition
15authority shall be in writing on forms furnished by the
16Comptroller. Applications shall be accompanied by a fee of
17$100 and shall contain all of the following:
18        (1) the full name and address, both residence and
19    business, of the applicant if the applicant is an
20    individual; the full name and address of every member if
21    the applicant is a partnership; the full name and address
22    of every member of the board of directors if the applicant
23    is an association; and the name and address of every
24    officer, director, and shareholder holding more than 25%
25    of the corporate stock if the applicant is a corporation;
26        (2) the address and location of the natural organic

 

 

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1    reduction facility;
2        (3) a description of the type of structure, equipment,
3    and technical process to be used in the operation of the
4    natural organic reduction facility; and
5        (4) any further information that the Comptroller
6    reasonably may require.
7    (e) Each disposition authority shall file an annual report
8with the Comptroller, accompanied with a $25 fee plus $5 for
9each natural organic reduction performed that calendar year,
10providing (i) an affidavit signed by the owner of the natural
11organic reduction facility that at the time of the report the
12natural organic reduction device was in proper operating
13condition and all annual recommended maintenance by the
14manufacturer was performed, (ii) the total number of all
15natural organic reduction performed at the natural organic
16reduction facility during the past year, (iii) attestation by
17the licensee that all applicable permits and certifications
18are valid, (iv) either (A) any changes required in the
19information provided under subsection (d) or (B) an indication
20that no changes have occurred, and (v) any other information
21that the Comptroller may require. The annual report shall be
22filed by a disposition authority on or before March 15 of each
23calendar year. If the fiscal year of a disposition authority
24is other than on a calendar year basis, then the disposition
25authority shall file the report required by this Section
26within 75 days after the end of its fiscal year. If a

 

 

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1disposition authority fails to submit an annual report to the
2Comptroller within the time specified in this Section, the
3Comptroller shall impose upon a disposition authority a
4penalty of $5 for each and every day the disposition authority
5remains delinquent in submitting the annual report. The
6Comptroller may abate all or part of the $5 daily penalty for
7good cause shown. The $25 annual report fee shall be deposited
8into the Comptroller's Administrative Fund. The $5 fee for
9each natural organic reduction performed shall be deposited
10into the Cemetery Consumer Protection Fund.
11    (f) All records required to be maintained under this Act,
12including, but not limited to, those relating to the license
13and annual report of the disposition authority required to be
14filed under this Section, shall be subject to inspection by
15the Comptroller upon reasonable notice.
16    (g) The Comptroller may inspect a natural organic
17reduction facility record at the disposition authority's place
18of business to review the licensee's compliance with this Act.
19The Comptroller may charge a fee for the inspection of $100 to
20the licensee. The inspection must include verification that:
21        (1) the disposition authority has complied with
22    record-keeping requirements of this Act;
23        (2) a natural organic reduction device operator's
24    certification of training and the required continuing
25    education certification is conspicuously displayed at the
26    natural organic reduction facility;

 

 

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1        (3) the disposition authority is in compliance with
2    local zoning requirements;
3        (4) the disposition authority license issued by the
4    Comptroller is conspicuously displayed at the natural
5    organic reduction facility; and
6        (5) other details as determined by rule.
7    (h) Every license issued hereunder shall be renewed every
85 years for a renewal fee of $100. The renewal fee shall be
9deposited into the Comptroller's Administrative Fund. The
10Comptroller, upon the request of an interested person or on
11his own motion, may issue new licenses to a licensee whose
12license or licenses have been revoked, if no factor or
13condition then exists which would have warranted the
14Comptroller to originally refuse the issuance of such license.
 
15    Section 25. Grounds for denial or discipline.
16    (a) In this Section, "applicant" means a person who has
17applied for a license under this Act including those persons
18whose names are listed on a license application in Section 20
19of this Act.
20    (b) The Comptroller may refuse to issue a license, place
21on probation, reprimand, or take other disciplinary action
22that the Comptroller may deem appropriate, including imposing
23fines not to exceed $5,000 for each violation, with regard to
24any license under this Act, or may suspend or revoke a license
25issued under this Act, on any of the following grounds:

 

 

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1        (1) The applicant or licensee has made any
2    misrepresentation or false statement or concealed any
3    material fact in furnishing information to the
4    Comptroller.
5        (2) The applicant or licensee has been engaged in
6    fraudulent business practices.
7        (3) The applicant or licensee has refused to give
8    information required under this Act to be disclosed to the
9    Comptroller or failing, within 30 days, to provide
10    information in response to a written request made by the
11    Comptroller.
12        (4) Engaging in dishonorable, unethical, or
13    unprofessional conduct of a character likely to deceive,
14    defraud, or harm the public.
15        (5) As to any individual listed in the license
16    application as required under Section 20, that individual
17    has conducted or is about to conduct any natural organic
18    reduction business on behalf of the applicant in a
19    fraudulent manner or has been convicted of any felony or
20    misdemeanor an essential element of which is fraud.
21        (6) The applicant or licensee has failed to make the
22    annual report required by this Act or to comply with a
23    final order, decision, or finding of the Comptroller made
24    under this Act.
25        (7) The applicant or licensee, including any member,
26    officer, or director of the applicant or licensee if the

 

 

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1    applicant or licensee is a firm, partnership, association,
2    or corporation and including any shareholder holding more
3    than 25% of the corporate stock of the applicant or
4    licensee, has violated any provision of this Act or any
5    regulation or order made by the Comptroller under this
6    Act.
7        (8) The Comptroller finds any fact or condition
8    existing that, if it had existed at the time of the
9    original application for a license under this Act, would
10    have warranted the Comptroller in refusing the issuance of
11    the license.
12        (9) Any violation of this Act or of the rules adopted
13    under this Act.
14        (10) Incompetence.
15        (11) Gross malpractice.
16        (12) Discipline by another state, District of
17    Columbia, territory, or foreign nation, if at least one of
18    the grounds for the discipline is the same or
19    substantially equivalent to those set forth in this
20    Section.
21        (13) Directly or indirectly giving to or receiving
22    from any person, firm, corporation, partnership, or
23    association any fee, commission, rebate, or other form of
24    compensation for professional services not actually or
25    personally rendered.
26        (14) A finding by the Comptroller that the licensee,

 

 

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1    after having its license placed on probationary status,
2    has violated the terms of probation.
3        (15) Willfully making or filing false records or
4    reports, including, but not limited to, false records
5    filed with State agencies or departments.
6        (16) Gross, willful, or continued overcharging for
7    professional services, including filing false statements
8    for collection of fees for which services are not
9    rendered.
10        (17) Practicing under a false or, except as provided
11    by law, an assumed name.
12        (18) Cheating on or attempting to subvert this Act's
13    licensing application process.
 
14    Section 30. License revocation or suspension; surrender of
15license. Upon the revocation or suspension of a license issued
16under this Act, the licensee must immediately surrender the
17license to the Comptroller. If the licensee fails to do so, the
18Comptroller may seize the license.
 
19    Section 35. Surrender of license; effect on licensee's
20liability. A licensee may surrender a license issued under
21this Act by delivering to the Comptroller a written notice
22stating that the licensee thereby surrenders the license, but
23such a surrender does not affect the licensee's civil or
24criminal liability for acts committed before the surrender.
 

 

 

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1    Section 40. License; display; transfer; duration.
2    (a) Every license issued under this Act must state the
3number of the license, the business name and address of the
4licensee's principal place of business, and the licensee's
5parent company, if any. The license must be conspicuously
6posted in the place of business operating under the license.
7    (b) After initial licensure, if any person comes to obtain
8at least 51% of the ownership over the natural organic
9reduction facility, then the disposition authority shall apply
10for a new license in the required time as set out by rule.
11    (c) Every license issued under this Act shall remain in
12force until it has been surrendered, suspended, or revoked in
13accordance with this Act. Upon the request of an interested
14person or on the Comptroller's own motion, the Comptroller may
15issue a new license to a licensee whose license has been
16revoked under this Act if no factor or condition then exists
17which would have warranted the Comptroller in originally
18refusing the issuance of the license.
 
19    Section 45. Authorizing agent. The priority of the person
20or persons who have the right to serve as the authorizing agent
21for natural organic reduction is in the same priority as
22provided for in Section 5 of the Disposition of Remains Act.
 
23    Section 50. Natural organic reduction only in a natural

 

 

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1organic reduction facility. An individual or a person,
2cemetery, crematory, funeral establishment, corporation,
3partnership, joint venture, voluntary organization, or other
4entity may reduce human remains only in a natural organic
5reduction facility operated by a disposition authority
6licensed for this purpose and only under the limitations
7provided in this Act.
 
8    Section 55. Authorization for natural organic reduction.
9    (a) A disposition authority shall not reduce human remains
10by natural organic reduction until it has received all of the
11following:
12        (1) a natural organic reduction authorization form
13    signed by the next of kin or authorizing agent. The
14    natural organic reduction authorization form shall be
15    provided by the disposition authority and shall contain,
16    at a minimum, the following information:
17            (A) the identity of the human remains and the time
18        and date of death;
19            (B) the name of the funeral director and funeral
20        establishment, if applicable, that obtained the
21        natural organic reduction authorization;
22            (C) notification as to whether the death occurred
23        from a disease declared by the Illinois Department of
24        Health to be infectious, contagious, communicable, or
25        dangerous to the public health;

 

 

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1            (D) the name of the authorizing agent and the
2        relationship between the authorizing agent and the
3        decedent;
4            (E) a representation that the authorizing agent
5        does in fact have the right to authorize the natural
6        organic reduction of the decedent, and that the
7        authorizing agent is not aware of any living person
8        who has a superior priority right to that of the
9        authorizing agent, as set forth in Section 45. In the
10        event there is another living person who has a
11        superior priority right to that of the authorizing
12        agent, the form shall contain a representation that
13        the authorizing agent has made all reasonable efforts
14        to contact that person, has been unable to do so, and
15        has no reason to believe that the person would object
16        to the natural organic reduction of the decedent;
17            (F) authorization for the disposition authority to
18        reduce the human remains by natural organic reduction;
19            (G) a representation that the human remains do not
20        contain any other material or implant that may be
21        potentially hazardous or cause damage to the natural
22        organic reduction chamber or the person performing the
23        natural organic reduction;
24            (H) the name of the person authorized to receive
25        the reduced remains from the disposition authority;
26            (I) the manner in which final disposition of the

 

 

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1        reduced human remains is to take place, if known. If
2        the reduction authorization form does not specify
3        final disposition in a grave, crypt, niche, or
4        scattering area, then the form may indicate that the
5        reduced human remains will be held by the disposition
6        authority for 30 days before they are released, unless
7        they are picked up from the disposition authority
8        prior to that time, in person, by the authorizing
9        agent with prior consent from the authorizing agent.
10        At the end of the 60 days the disposition authority may
11        return the reduced human remains to the authorizing
12        agent if no final disposition arrangements are made;
13        or at the end of 60 days the disposition authority may
14        dispose of the reduced human remains in accordance
15        with this subsection (b) of Section 75;
16            (J) a listing of any items of value to be delivered
17        to the disposition authority along with the human
18        remains, and instructions as to how the items should
19        be handled;
20            (K) a specific statement as to whether the
21        authorizing agent has made arrangements for any type
22        of viewing of the decedent before natural organic
23        reduction or for a service with the decedent present
24        before natural organic reduction in connection with
25        the natural organic reduction, and if so, the date and
26        time of the viewing or service and whether the

 

 

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1        disposition authority is authorized to proceed with
2        the natural organic reduction upon receipt of the
3        human remains;
4            (L) the signature of the authorizing agent,
5        attesting to the accuracy of all representations
6        contained on the natural organic reduction
7        authorization form, except as set forth in paragraph
8        (M) of this subsection;
9            (M) if a natural organic reduction form is being
10        executed on a pre-need basis, the natural organic
11        reduction authorization form shall contain the
12        disclosure required by subsection (b) of Sec 125; and
13            (N) the natural organic reduction authorization
14        form, other than preneed natural organic reduction
15        forms, shall also be signed by a funeral director or
16        other representative of the disposition authority that
17        obtained the natural organic reduction authorization.
18        That individual shall merely execute the natural
19        organic reduction authorization form as a witness and
20        shall not be responsible for any of the
21        representations made by the authorizing agent, unless
22        the individual has actual knowledge to the contrary.
23        The information requested by subparagraphs (A), (B),
24        (C), and (G) of this subsection, however, shall be
25        considered to be representations of the authorizing
26        agent. The funeral director or funeral establishment

 

 

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1        shall warrant to the natural organic reduction
2        facility that the human remains delivered to the
3        disposition authority are the human remains identified
4        on the natural organic reduction authorization form;
5        (2) a completed and executed burial transit permit
6    indicating that the human remains are to be reduced; and
7        (3) any other documentation required by this State.
8    (b) If an authorizing agent is not available to execute a
9natural organic reduction authorization form in person, that
10person may use an electronic signature or may delegate that
11authority to another person in writing, or by sending the
12disposition authority a facsimile transmission that contains
13the name, address, and relationship of the sender to the
14decedent and the name and address of the individual to whom
15authority is delegated. Upon receipt of the written document,
16or facsimile transmission, telegram, or other electronic
17telecommunications transmission which specifies the individual
18to whom authority has been delegated, the disposition
19authority shall allow this individual to serve as the
20authorizing agent and to execute the natural organic reduction
21authorization form. The disposition authority shall be
22entitled to rely upon the natural organic reduction
23authorization form without liability.
24    (c) An authorizing agent who signs a natural organic
25reduction authorization form shall be deemed to warrant the
26truthfulness of any facts set forth on the natural organic

 

 

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1reduction authorization form, including that person's
2authority to order the natural organic reduction, except for
3the information required by subparagraphs (C) and (G) of
4paragraph (1) of subsection (a) of this Section, unless the
5authorizing agent has actual knowledge to the contrary. An
6authorizing agent signing a natural organic reduction
7authorization form shall be personally and individually liable
8for all damages occasioned by and resulting from authorizing
9the natural organic reduction.
10    (d) A disposition authority shall have authority to reduce
11human remains upon the receipt of a natural organic reduction
12authorization form signed by an authorizing agent. There shall
13be no liability for the natural organic reduction disposition
14authority according to a natural organic reduction
15authorization, or that releases or disposes of the reduced
16human remains according to a natural organic reduction
17authorization, except for a disposition authority's gross
18negligence, provided that the disposition authority performs
19its functions in compliance with this Act.
20    (e) After an authorizing agent has executed a natural
21organic reduction authorization form and before the natural
22organic reduction process has started, the authorizing agent
23may revoke the authorization and instruct the disposition
24authority to cancel the natural organic reduction and to
25release or deliver the human remains to another disposition
26authority or funeral establishment. The instructions shall be

 

 

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1provided to the disposition authority in writing. A
2disposition authority shall honor any instructions given to it
3by an authorizing agent under this Section if it receives the
4instructions prior to beginning the reducing of the human
5remains.
 
6    Section 60. Performance of natural organic reduction
7services; training. A person may not perform a natural organic
8reduction service in this State unless the person has
9completed training in performing natural organic reduction
10services and received certification by a program recognized by
11the Comptroller. The disposition authority must conspicuously
12display the certification at the disposition authority's place
13of business. A continuing education natural organic reduction
14course of at least 2 hours in length from a recognized provider
15must be completed every 5 years by each person performing a
16natural organic reduction service. For purposes of this Act,
17the Comptroller may recognize any training program that
18provides training in the operation of a natural organic
19reduction device, in the maintenance of a clean facility, and
20in the proper handling of human remains. The Comptroller may
21recognize any course that is conducted by a death care trade
22association in the State or the United States for natural
23organic reduction or by a manufacturer of a natural organic
24reduction unit that is consistent with the standards provided
25in this Act or as otherwise determined by rule.
 

 

 

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1    Section 65. Recordkeeping.
2    (a) The disposition authority shall furnish to the funeral
3director who delivers human remains to the disposition
4authority a receipt signed at the time of delivery by both the
5disposition authority and the funeral director who delivers
6the human remains, showing the date and time of the delivery,
7the type of alternative container or external wrapping that
8was delivered, the name of the person from whom the human
9remains were received and the name of the funeral
10establishment or other entity with whom the person is
11affiliated, the name of the person who received the human
12remains on behalf of the disposition authority, and the name
13of the decedent. The disposition authority shall retain a copy
14of this receipt in its permanent records.
15    (b) Upon its release of the reduced human remains, the
16disposition authority shall furnish to the person who receives
17the reduced human remains from the disposition authority a
18receipt signed by both the disposition authority and the
19person who receives the natural organic reduction remains,
20showing the date and time of the release, the name of the
21person to whom the reduced human remains were released and the
22name of the funeral establishment, cemetery, or other entity
23with whom the person is affiliated, the name of the person who
24released the reduced human remains on behalf of the
25disposition authority, and the name of the decedent. The

 

 

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1natural organic reduction facility shall retain a copy of this
2receipt in its permanent records.
3    (c) A disposition authority shall maintain at its place of
4business a permanent record of each natural organic reduction
5that took place at its facility which shall contain the name of
6the decedent, the date of the natural organic reduction, and
7the final disposition of the reduced human remains.
8    (d) The disposition authority shall maintain a record of
9all reduced human remains disposed of by the disposition
10authority in accordance with subsection (d) of Section 75.
11    (e) Upon completion of the natural organic reduction, the
12disposition authority shall file the burial transit permit as
13required by the Illinois Vital Records Act and rules adopted
14under that Act and the Illinois Counties Code, and transmit a
15photocopy of the burial transit permit along with the reduced
16human remains to whoever receives the reduced human remains
17from the authorizing agent unless the reduced human remains
18are to be interred, entombed, inurned, or placed in a
19scattering area, in which case the disposition authority shall
20retain a copy of the burial transit permit and shall send the
21permit, along with the reduced human remains, to the cemetery,
22which shall file the permit with the designated agency after
23the interment, entombment, inurnment, or scattering has taken
24place.
25    (f) All cemeteries shall maintain a record of all reduced
26human remains that are disposed of on their property, provided

 

 

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1that the reduced human remains were properly transferred to
2the cemetery and the cemetery issued a receipt acknowledging
3the transfer of the reduced human remains.
 
4    Section 70. Natural organic reduction procedures.
5    (a) Human remains shall not be reduced within 24 hours
6after the time of death, as indicated on the Medical
7Examiner's or Coroner's Certificate of Death. In any death,
8the human remains shall not be reduced by the disposition
9authority until a natural organic reduction permit has been
10received from the coroner or medical examiner of the county in
11which the death occurred and the disposition authority has
12received a natural organic reduction authorization form,
13executed by an authorizing agent, in accordance with the
14provisions of Section 60 of this Act. In no instance, however,
15shall the lapse of time between the death and the natural
16organic reduction be less than 24 hours, unless because of a
17religious requirement.
18    (b) Except as set forth in subsection (a), a disposition
19authority shall have the right to schedule the natural organic
20reduction to be performed at its own convenience, at any time
21after the human remains have been delivered to the disposition
22authority, unless the disposition authority has received
23specific instructions to the contrary on the natural organic
24reduction authorization form.
25    (c) No disposition authority shall reduce human remains

 

 

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1when it has actual knowledge that human remains contain
2material or implant that may be potentially hazardous to the
3person performing the natural organic reduction.
4    (d) No disposition authority shall accept embalmed remains
5for natural organic reduction.
6    (e) Whenever a disposition authority is unable or
7unauthorized to reduce human remains immediately upon taking
8custody of the remains, the disposition authority shall place
9the human remains in operable refrigeration unit with
10cleanable, noncorrosive interior and exterior finishes. The
11unit must be capable of maintaining a temperature of less than
1240 degrees Fahrenheit or below and of holding at least 3
13bodies. For purposes of this section, immediately upon taking
14custody means within 24 hours of taking custody. The
15disposition authority must notify the authorizing agent of the
16reasons for delay in the natural organic reduction if a
17properly authorized natural organic reduction is not performed
18within any time period expressly contemplated in the
19authorization.
20    (f) A disposition authority shall not accept an
21alternative container or external wrapping from which there is
22any evidence of the leakage of body fluids.
23    (g) A disposition authority shall not reduce the remains
24of more than one person at the same time and in the same
25reduction chamber or introduce the remains of a second person
26into the reduction chamber until the reduction of preceding

 

 

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1remains has been terminated and reasonable efforts have been
2employed to remove all fragments of preceding remains. The
3fact that there is residue in the reduction chamber or other
4equipment or a container used in a prior reduction does not
5violate this section.
6    (h) No unauthorized person shall be permitted in the
7holding facility or natural organic reduction room while any
8human remains are being held there awaiting natural organic
9reduction, being reduced, or being removed from the reduction
10chamber.
11    (i) A disposition authority shall not remove any dental
12gold, body parts, organs, or any item of value prior to or
13subsequent to a natural organic reduction without previously
14having received specific written authorization from the
15authorizing agent and written instructions for the delivery of
16these items to the authorizing agent. Under no circumstances
17shall a disposition authority profit from making or assisting
18in any removal of valuables.
19    (j) In instances when the remains of deceased human beings
20are to be delivered to a natural organic reduction facility in
21a casket that is not to be organically reduced with the
22deceased, timely disclosure thereof must be made by the person
23making the funeral arrangements to the natural organic
24reduction facility that prior to the natural organic reduction
25the remains of the deceased human being shall be transferred
26to an alternative container. Such signed acknowledgement of

 

 

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1the authorizing person, that the timely disclosure has been
2made, shall be retained by the natural organic reduction
3facility in its permanent records.
4    (k) A disposition authority shall:
5        (1) collect material samples for analysis that are
6    representative of each instance of natural organic
7    reduction;
8        (2) analyze each material sample of reduced remains
9    for physical contaminants. Reduced remains must have less
10    than 0.01 mg per kg dry weight of physical contaminants
11    which include, but are not limited to, intact bone, dental
12    filings, and medical implants;
13        (3) analyze, using a third-party laboratory accredited
14    by the Illinois Environmental Protection Agency's
15    Laboratory Accreditation Program, the natural organic
16    reduction facility's material samples of reduced remains
17    according to the following schedule:
18            (i) the natural organic reduction facility's
19        initial 20 instances of reduced remains for the
20        parameters identified in Table A, and any additional
21        instances of reduced remains necessary to achieve 20
22        material samples of reduced remains meeting the limits
23        identified in Table A;
24            (ii) following 20 material samples of reduced
25        remains meeting limits outlined in Table A, analyze,
26        at minimum, 25% of a natural organic reduction

 

 

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1        facility's monthly instances of reduced remains for
2        the parameters identified in Table A until 80 total
3        material samples of reduced remains have met the
4        requirements in Table A; or
5            (iii) the Comptroller, Department of Public
6        Health, or local health department may require tests
7        for additional parameters under paragraphs (2) and
8        (3).
9        (4) not release any human remains that exceed the
10    limits identified in Table A; and
11        (5) prepare, maintain, and provide upon request by the
12    Comptroller, Department of Public Health, or local health
13    department, an annual report each calendar year. The
14    annual report must detail the natural organic reduction
15    facility's activities during the previous calendar year
16    and must include the following information:
17            (i) name and address of the natural organic
18        reduction facility;
19            (ii) calendar year covered by the report;
20            (iii) annual quantity of reduced remains;
21            (iv) results of any laboratory analyses of reduced
22        remains, including an affirmation that the analysis
23        was prepared in accordance with this subsection (k);
24        and
25            (v) any additional information required by the
26        Comptroller, Illinois Department of Public Health, or

 

 

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1        the local health department.
 
2Table A: Testing Parameters
3
4
Metals and other testing
5
parameters
Limit (mg/kg dry weight), unless otherwise specified
6Fecal coliform
7<1,000 Most probable number per gram of total solids (dry weight)
8Salmonella
9<3 Most probable number per 4 grams of total solids (dry weight)
10Arsenic= 20 ppm
11Cadmium= 10 ppm
12Lead= 150 ppm
13Mercury= 8 ppm
14Selenium= 18 ppm
15    (l) Upon the completion of each natural organic reduction,
16and insofar as is practicable, all of the recoverable residue
17of the reduction process shall be removed from the reduction
18chamber.
19    (m) If all of the recovered reduced human remains will not
20fit within the receptacle that has been selected, the
21remainder of the reduced human remains shall be disposed of in
22accordance with subsection (i) of Section 55.
23    (n) A disposition authority shall not knowingly represent

 

 

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1to an authorizing agent or the agent's designee that a
2temporary container or urn contains the reduced remains of a
3specific decedent when it does not.
4    (o) Reduced human remains shall be shipped only by a
5method that has an internal tracing system available and that
6provides a receipt signed by the person accepting delivery.
7    (p) A disposition authority shall maintain an
8identification system that shall ensure that it shall be able
9to identify the human remains in its possession throughout all
10phases of the natural organic reduction process.
11    (q) A disposition authority shall not reduce via natural
12organic reduction the remains required to be labeled as an
13infection hazard under 77 Ill. Adm. Code 690.1200(k).
14    (r) In the case of an event where the health of the public
15may be at risk or there are signs at a facility of a potential
16health hazard, the Illinois Department of Public Health shall
17be consulted to assess the natural organic reduction facility.
 
18    Section 75. Disposition of reduced human remains.
19    (a) The authorizing agent shall be responsible for the
20final disposition of the reduced human remains. The reduced
21human remains may be disposed of by placing them in a grave,
22crypt, or niche or by scattering them in a scattering area as
23defined in this Act.
24    (b) Reduced human remains may be integrated into the soil
25in an area where no local prohibition exists, provided that

 

 

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1the reduced human remains are not distinguishable to the
2public, are not in a container, and that the person who has
3control over disposition of the reduced human remains has
4obtained written permission of the property owner or governing
5agency to integrate into soil on the property.
6    (c) A State or local agency may adopt an ordinance,
7regulation, or policy, as appropriate, authorizing or
8specifically prohibiting the integration of reduced human
9remains into the soil on lands under the agency's
10jurisdiction. The integration into the soil of the reduced
11human remains of more than one person in one location pursuant
12to this section does not create a cemetery.
13    (d) Upon the completion of the natural organic reduction
14process, and except as provided for in subparagraph (I) of
15paragraph (1) of subsection (a) of Section 55, if the
16disposition authority has not been instructed to arrange for
17the interment, entombment, inurnment, or scattering of the
18reduced human remains, the disposition authority shall deliver
19the reduced human remains to the individual specified on the
20natural organic reduction authorization form or, if no
21individual is specified, then to the authorizing agent. Upon
22receipt of the reduced human remains, the individual receiving
23them may transport them in any manner in this State without a
24permit and may dispose of them in accordance with this
25Section. After delivery, the disposition authority shall be
26discharged from any legal obligation or liability concerning

 

 

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1the reduced human remains.
2    (e) If, after a period of 60 days from the date the natural
3organic reduction process is complete, the authorizing agent
4or the agent's designee has not instructed the disposition
5authority to arrange for the final disposition of the reduced
6human remains or claimed the reduced human remains, the
7disposition authority may dispose of the reduced human remains
8in any manner permitted by this Section. The disposition
9authority, however, shall keep a permanent record identifying
10the site of final disposition. The authorizing agent shall be
11responsible for reimbursing the disposition authority for all
12reasonable expenses incurred in disposing of the reduced human
13remains. Upon disposing of the reduced human remains, the
14disposition authority shall be discharged from any legal
15obligation or liability concerning the reduced remains. Any
16person who was in possession of reduced remains prior to the
17effective date of this Act may dispose of them in accordance
18with this Section.
19    (f) Except with the express written permission of the
20authorizing agent, no person shall:
21        (1) dispose of reduced human remains in a manner or in
22    a location so that the reduced human remains are
23    commingled with those of another person. This prohibition
24    shall not apply to the scattering of reduced remains at
25    sea, by air or in an area located in a dedicated cemetery
26    or private property and used exclusively for those

 

 

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1    purposes; or
2        (2) place reduced human remains of more than one
3    person in the same temporary container or urn.
4    (g) No person shall sell the soil resulting from reduced
5human remains for commercial purposes.
 
6    Section 80. Limitation of liability.
7    (a) A disposition authority that has received an executed
8natural organic reduction authorization form that complies
9with paragraph (1) of subsection (a) of Section 55 and has
10received any additional documentation required by Section 55
11shall not be liable for reducing the human remains designated
12by the natural organic reduction authorization form if the
13natural organic reduction is performed in accordance with this
14Act.
15    (b) A disposition authority shall not be liable for
16refusing to accept human remains or to perform a natural
17organic reduction until it receives a court order or other
18suitable confirmation that a dispute has been settled, if:
19        (1) it is aware of any dispute concerning the natural
20    organic reduction of the human remains;
21        (2) it has a reasonable basis for questioning any of
22    the representations made by the authorizing agent; or
23        (3) it refuses to accept the human remains for any
24    other lawful reason. This provision shall not be construed
25    as placing any affirmative obligation, not otherwise

 

 

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1    required by law, on any disposition authority to accept
2    any human remains for natural organic reduction.
3    (c) No cemetery shall be liable for any reduced human
4remains that are dumped, scattered, or otherwise deposited on
5the cemetery in violation of this Act, if that action is taken
6without the cemetery's consent.
7    (d) If a disposition authority is aware of any dispute
8concerning the release or disposition of the reduced human
9remains, the disposition authority may refuse to release the
10reduced human remains until the dispute has been resolved or
11the disposition authority has been provided with a court order
12directing the release or disposition of the reduced remains. A
13disposition authority shall not be liable for refusing to
14release or dispose of reduced human remains in accordance with
15this Section.
16    (e) A disposition authority shall not be responsible or
17liable for any valuables delivered to the disposition
18authority with human remains, unless the disposition authority
19has received written instructions in accordance with paragraph
20(J) of paragraph (1) of subsection (a) of Section 55.
 
21    Section 85. Hazardous implants. If an authorizing agent
22informs the funeral director and the disposition authority on
23the natural organic reduction authorization form of the
24presence of hazardous implants in the human remains, then the
25funeral director shall be responsible for ensuring that all

 

 

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1necessary steps have been taken to remove the hazardous
2implants before delivering the human remains to the natural
3organic reduction facility for natural organic reduction. The
4funeral director who delivers the human remains to the natural
5organic reduction facility fails to ensure that the hazardous
6implants have been removed from the human remains prior to
7delivery, and should the human remains be reduced, then the
8funeral director who delivered the human remains to the
9natural organic reduction facility and anyone else covered by
10this Section shall be liable for all resulting damages.
 
11    Section 90. Penalties. Violations of this Act shall be
12punishable as follows:
13        (1) Performing a natural organic reduction without
14    receipt of a natural organic reduction authorization form
15    signed, in either paper or electronic format, by an
16    authorizing agent shall be a Class 4 felony.
17        (2) Signing, in either paper or electronic format, a
18    natural organic reduction authorization form with the
19    actual knowledge that the form contains false or incorrect
20    information shall be a Class 4 felony.
21        (3) A violation of any natural organic reduction
22    procedure set forth in Section 70 shall be a Class 4
23    felony.
24        (4) Holding oneself out to the public as a disposition
25    authority, or the operation of a building or structure

 

 

10300HB3158ham003- 38 -LRB103 29928 JDS 59586 a

1    within this State as a natural organic reduction facility,
2    without being licensed under this Act, shall be a Class A
3    misdemeanor.
4        (5) Performance of natural organic reduction service
5    by a person who has not completed a training program as
6    defined in Section 60 of this Act shall be a Class A
7    misdemeanor.
8        (6) Any person who intentionally violates a provision
9    of this Act or a final order of the Comptroller is liable
10    for a civil penalty not to exceed $5,000 per violation.
11        (7) Any person who knowingly acts without proper legal
12    authority and who willfully and knowingly destroys or
13    damages the remains of a deceased human being or who
14    desecrates human remains is guilty of a Class 3 felony.
15        (8) A violation of any other provision of this Act
16    shall be a Class B misdemeanor.
 
17    Section 95. Failure to file annual report. Whenever a
18disposition authority refuses or neglects to file its annual
19report in violation of Section 20 of this Act or fails to
20otherwise comply with the requirements of this Act, the
21Comptroller shall impose a penalty as provided for by rule for
22each and every day the licensee remains delinquent in
23submitting the annual report. Such report shall be made under
24oath and shall be in a form determined by the Comptroller.
 

 

 

10300HB3158ham003- 39 -LRB103 29928 JDS 59586 a

1    Section 100. Injunctive action; cease and desist order.
2    (a) If any person violates the provisions of this Act, the
3Comptroller, in the name of the People of the State, through
4the Attorney General or the State's Attorney of the county in
5which the violation is alleged to have occurred, may petition
6for an order enjoining the violation or for an order enforcing
7compliance with this Act. Upon the filing of a verified
8petition, the court with appropriate jurisdiction may issue a
9temporary restraining order, without notice or bond, and may
10preliminarily and permanently enjoin the violation. If it is
11established that the person has violated or is violating the
12injunction, the court may punish the offender for contempt of
13court. Proceedings under this Section are in addition to, and
14not in lieu of, all other remedies and penalties provided by
15this Act.
16    (b) Whenever, in the opinion of the Comptroller, a person
17violates any provision of this Act, the Comptroller may issue
18a rule to show cause why an order to cease and desist should
19not be entered against that person. The rule shall clearly set
20forth the grounds relied upon by the Comptroller and shall
21allow at least 7 days from the date of the rule to file an
22answer satisfactory to the Comptroller. Failure to answer to
23the satisfaction of the Comptroller shall cause an order to
24cease and desist to be issued.
 
25    Section 105. Service of notice. Service by the Comptroller

 

 

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1of any notice requiring a person to file a statement or report
2under this Act shall be made: (1) personally by delivery of a
3duly executed copy of the notice to the person to be served or,
4if that person is not a natural person, in the manner provided
5in the Civil Practice Law when a complaint is filed; or (2) by
6mailing by certified mail a duly executed copy of the notice to
7the person at his or her address of record.
 
8    Section 110. Investigations; notice and hearing. The
9Comptroller may at any time investigate the actions of any
10applicant or of any person, persons, or entity rendering or
11offering natural organic reduction services or any person or
12entity holding or claiming to hold a license as a licensed
13natural organic reduction facility. The Comptroller shall,
14before revoking, suspending, placing on probation,
15reprimanding, or taking any other disciplinary action under
16Section 11 of this Act, at least 30 days before the date set
17for the hearing: (i) notify the accused in writing of the
18charges made and the time and place for the hearing on the
19charges; (ii) direct the accused applicant or licensee to file
20a written answer to the charges with the Comptroller under
21oath within 20 days after the service on the accused of the
22notice; and (iii) inform the accused that, if the accused
23fails to answer, default will be taken against the accused or
24that the accused's license may be suspended, revoked, placed
25on probationary status, or other disciplinary action taken

 

 

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1with regard to the license, including limiting the scope,
2nature, or extent of the accused's practice, as the
3Comptroller may consider proper.
4    At the time and place fixed in the notice, the Comptroller
5shall proceed to hear the charges and the parties, or their
6counsel shall be accorded ample opportunity to present any
7pertinent statements, testimony, evidence, and arguments. The
8Comptroller shall have the authority to appoint an attorney
9duly licensed to practice law in the State to serve as the
10hearing officer in any disciplinary action with regard to a
11license. The hearing officer shall have full authority to
12conduct the hearing. The Comptroller may continue the hearing
13from time to time. In case the person, after receiving the
14notice, fails to file an answer, the person's license may, in
15the discretion of the Comptroller, be suspended, revoked,
16placed on probationary status, or the Comptroller may take
17whatever disciplinary action considered proper, including
18limiting the scope, nature, or extent of the person's practice
19or the imposition of a fine, without a hearing, if the act or
20acts charged constitute sufficient grounds for that action
21under this Act. The written notice may be served by personal
22delivery or by certified mail to the address specified by the
23accused in the accused's last notification with the
24Comptroller.
 
25    Section 115. Compelling testimony. Any circuit court, upon

 

 

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1application of the Comptroller or designated hearing officer
2may enter an order requiring the attendance of witnesses and
3their testimony, and the production of documents, papers,
4files, books, and records in connection with any hearing or
5investigation. The court may compel obedience to its order by
6proceedings for contempt.
 
7    Section 120. Administrative review; venue; certification
8of record; costs.
9    (a) All final administrative decisions of the Comptroller
10are subject to judicial review under the Administrative Review
11Law and its rules. The term "administrative decision" is
12defined as in Section 3-101 of the Code of Civil Procedure.
13    (b) Proceedings for judicial review shall be commenced in
14the circuit court of the county in which the party applying for
15review resides, but if the party is not a resident of Illinois,
16the venue shall be in Sangamon County.
17    (c) The Comptroller shall not be required to certify any
18record of the court, file an answer in court, or to otherwise
19appear in any court in a judicial review proceeding unless and
20until the Comptroller has received from the plaintiff payment
21of the costs of furnishing and certifying the record, which
22costs shall be determined by the Comptroller. Failure on the
23part of the plaintiff to make such payment to the Comptroller
24is grounds for dismissal of the action.
 

 

 

10300HB3158ham003- 43 -LRB103 29928 JDS 59586 a

1    Section 125. Preneed of natural organic reduction
2arrangements.
3    (a) Any person, or anyone who has legal authority to act on
4behalf of a person, on a preneed basis, may authorize the
5person's own natural organic reduction and the final
6disposition of the person's reduced remains by executing, as
7the authorizing agent, a natural organic reduction
8authorization form on a preneed basis. A copy of this form
9shall be provided to the person. Any person shall have the
10right to transfer or cancel this authorization at any time
11prior to death by destroying the executed natural organic
12reduction authorization form and providing written notice to
13the disposition authority named in the preneed form.
14    (b) Any natural organic authorization form that is being
15executed by an individual as the individual's own authorizing
16agent on a preneed basis shall contain the following
17disclosure, which shall be completed by the authorizing agent:
18    "( ) I do not wish to allow any of my survivors the option
19of cancelling my natural organic reduction and selecting
20alternative arrangements, regardless of whether my survivors
21deem a change to be appropriate.
22    ( ) I wish to allow only the survivors whom I have
23designated below the option of cancelling my natural organic
24reduction and selecting alternative arrangements, if they deem
25a change to be appropriate."
26    (c) Except as provided in subsection (b) of this Section,

 

 

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1at the time of the death of a person who has executed, as the
2authorizing agent, a natural organic reduction authorization
3form on a preneed basis, any person in possession of an
4executed form and any person charged with making arrangements
5for the final disposition of the decedent who has knowledge of
6the existence of an executed form, shall use the person's best
7efforts to ensure that the decedent is reduced and that the
8final disposition of the reduced human remains is in
9accordance with the instructions contained on the natural
10organic reduction authorization form. If a disposition
11authority (i) is in possession of a completed natural organic
12reduction authorization form that was executed on a preneed
13basis, (ii) is in possession of the designated human remains,
14and (iii) has received payment for the natural organic
15reduction of the human remains and the final disposition of
16the reduced human remains or is otherwise assured of payment,
17then the disposition authority shall be required to reduced
18the human remains and dispose of the reduced human remains
19according to the instructions contained on the natural organic
20reduction authorization form and may do so without any
21liability.
22    (d) Any preneed contract sold by, or pre-need arrangements
23made with, a cemetery, funeral establishment, disposition
24authority, or any other party that includes a natural organic
25reduction shall specify the final disposition of the reduced
26human remains, in accordance with Section 75. If no different

 

 

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1or inconsistent instructions are provided to the disposition
2authority by the authorizing agent at the time of death, the
3disposition authority shall be authorized to release or
4dispose of the reduced human remains as indicated in the
5preneed agreement. Upon compliance with the terms of the
6preneed agreement, the disposition authority shall be
7discharged from any legal obligation concerning the reduced
8human remains. The preneed agreement shall be kept as a
9permanent record by the disposition authority.
10    (e) This Section shall not apply to any natural organic
11reduction authorization form or preneed contract executed
12prior to the effective date of this Act. Any cemetery, funeral
13establishment, disposition authority, or other party, however,
14with the written approval of the authorizing agent or person
15who executed the preneed contract, may designate that the
16natural organic reduction authorization form or preneed
17contract shall be subject to this Act.
 
18    Section 130. Employment of funeral director by a
19disposition authority.
20    (a) A disposition authority shall be permitted to enter
21into a contract with a funeral director or funeral business
22for the purpose of arranging natural organic reduction on an
23at-need basis with the general public, transporting human
24remains to the natural organic reduction facility, and
25processing all necessary paperwork.

 

 

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1    (b) No aspect of this Act shall be construed to require a
2licensed funeral director to perform any functions not
3otherwise required by law to be performed by a licensed
4funeral director.
 
5    Section 135. Scope of Act. This Act shall be construed and
6interpreted as a comprehensive natural organic reduction
7statute, and the provisions of this Act shall take precedence
8over any existing laws containing provisions applicable to
9natural organic reduction, but that do not specifically or
10comprehensively address natural organic reduction.
 
11    Section 140. Record of proceedings; transcript. The
12Comptroller, at its expense, shall preserve a record of all
13proceedings at the formal hearing of any case. Any notice of
14hearing, complaint, all other documents in the nature of
15pleadings, written motions filed in the proceedings, the
16transcripts of testimony, the report of the hearing officer,
17and orders of the Comptroller shall be in the record of the
18proceeding. The Comptroller shall furnish a transcript of such
19record to any person interested in such hearing upon payment
20of a reasonable fee.
 
21    Section 145. Subpoenas; depositions; oaths. The
22Comptroller has the power to subpoena documents, books,
23records or other materials and to bring before it any person

 

 

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1and to take testimony either orally or by deposition, or both,
2with the same fees and mileage and in the same manner as
3prescribed in civil cases in the courts of this State. The
4Comptroller, the designated hearing officer, or any qualified
5person the Comptroller may designate has the power to
6administer oaths to witnesses at any hearing that the
7Comptroller is authorized to conduct, and any other oaths
8authorized in any Act administered by the Comptroller. Every
9person having taken an oath or affirmation in any proceeding
10or matter wherein an oath is required by this Act, who shall
11swear willfully, corruptly and falsely in a matter material to
12the issue or point in question, or shall suborn any other
13person to swear as aforesaid, shall be guilty of perjury or
14subornation of perjury, as the case may be and shall be
15punished as provided by State law relative to perjury and
16subornation of perjury.
 
17    Section 150. Findings and recommendations. At the
18conclusion of the hearing, the hearing officer shall present
19to the Comptroller a written report of its findings of fact,
20conclusions of law, and recommendations. The report shall
21contain a finding whether or not the accused person violated
22this Act or its rules or failed to comply with the conditions
23required in this Act or its rules. The hearing officer shall
24specify the nature of any violations or failure to comply and
25shall make recommendations to the Comptroller. In making

 

 

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1recommendations for any disciplinary actions, the hearing
2officer may take into consideration all facts and
3circumstances bearing upon the reasonableness of the conduct
4of the accused and the potential for future harm to the public,
5including but not limited to, previous discipline of the
6accused by the Comptroller, intent, degree of harm to the
7public and likelihood of harm in the future, any restitution
8made by the accused, and whether the incident or incidents
9contained in the complaint appear to be isolated or represent
10a continuing pattern of conduct. In making its recommendations
11for discipline, the hearing officer shall endeavor to ensure
12that the severity of the discipline recommended is reasonably
13related to the severity of the violation. The report of
14findings of fact, conclusions of law, and recommendation of
15the hearing officer shall be the basis for the Comptroller's
16order refusing to issue, restore, place on probation, fine,
17suspend, revoke a license, or otherwise disciplining a
18licensee. If the Comptroller disagrees with the
19recommendations of the hearing officer, the Comptroller may
20issue an order in contravention of the hearing officer's
21recommendations. The finding is not admissible in evidence
22against the person in a criminal prosecution brought for a
23violation of this Act, but the hearing and finding are not a
24bar to a criminal prosecution brought for a violation of this
25Act.
 

 

 

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1    Section 155. Rehearing. At the conclusion of the hearing,
2a copy of the hearing officer's report shall be served upon the
3applicant or licensee by the Comptroller, either personally or
4as provided in this Act. Within 20 days after service, the
5applicant or licensee may present to the Comptroller a motion
6in writing for a rehearing, which shall specify the particular
7grounds for rehearing. The Comptroller may respond to the
8motion for rehearing within 20 days after its service on the
9Comptroller. If no motion for rehearing is filed, then upon
10the expiration of the time specified for filing such a motion,
11or if a motion for rehearing is denied, then upon denial, the
12Comptroller may enter an order in accordance with
13recommendations of the hearing officer except as provided in
14Section 160 of this Act.
15    If the applicant or licensee orders from the reporting
16service and pays for a transcript of the record within the time
17for filing a motion for rehearing, the 20-day period within
18which a motion may be filed shall commence upon the delivery of
19the transcript to the applicant or licensee.
 
20    Section 160. Comptroller; rehearing. Whenever the
21Comptroller believes that substantial justice has not been
22done in the revocation, suspension, or refusal to issue or
23restore a license or other discipline of an applicant or
24licensee, he or she may order a rehearing by the same or other
25hearing officers.
 

 

 

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1    Section 165. Order or certified copy; prima facie proof.
2An order or certified copy thereof, over the seal of the
3Comptroller and purporting to be signed by the Comptroller, is
4prima facie proof that:
5        (1) the signature is the genuine signature of the
6    Comptroller;
7        (2) the Comptroller is duly appointed and qualified;
8    and
9        (3) the hearing officer is qualified to act.
 
10    Section 170. Civil action and civil penalties. In addition
11to the other penalties and remedies provided in this Act, the
12Comptroller may bring a civil action in the county of
13residence of the licensee or any other person to enjoin any
14violation or threatened violation of this Act. In addition to
15any other penalty provided by law, any person who violates
16this Act shall forfeit and pay a civil penalty to the
17Comptroller in an amount not to exceed $5,000 for each
18violation as determined by the Comptroller. The civil penalty
19shall be assessed by the Comptroller in accordance with the
20provisions of this Act.
21    Any civil penalty shall be paid within 60 days after the
22effective date of the order imposing the civil penalty. The
23order shall constitute a judgment and may be filed and
24execution had thereon in the same manner as any judgment from

 

 

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1any court of record. All moneys collected under this Section
2shall be deposited with the Comptroller.
 
3    Section 175. Consent order. At any point in any
4investigation or disciplinary proceedings as provided in this
5Act, both parties may agree to a negotiated consent order. The
6consent order shall be final upon signature of the
7Comptroller.
 
8    Section 180. Illinois Administrative Procedure Act;
9application. The Illinois Administrative Procedure Act is
10expressly adopted and incorporated in this Act as if all of the
11provisions of that Act were included in this Act, except that
12the provision of paragraph (d) of Section 10-65 of the
13Illinois Administrative Procedure Act, which provides that at
14hearings the licensee has the right to show compliance with
15all lawful requirements for retention or continuation of the
16license, is specifically excluded. For the purpose of this
17Act, the notice required under Section 10-25 of the Illinois
18Administrative Procedure Act is considered sufficient when
19mailed to the address of record.
 
20    Section 185. Summary suspension of a license. The
21Comptroller may summarily suspend a license of a licensed
22natural organic reduction facility without a hearing,
23simultaneously with the institution of proceedings for a

 

 

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1hearing provided for in this Act, if the Comptroller finds
2that evidence in the Comptroller's possession indicates that
3the licensee's continued practice would constitute an imminent
4danger to the public. If the Comptroller summarily suspends
5the license of a licensed natural organic reduction facility
6without a hearing, a hearing must be commenced within 30 days
7after the suspension has occurred and concluded as
8expeditiously as practical. In the event of a summary
9suspension, the county coroner or medical examiner responsible
10for the area where the natural organic reduction facility is
11located shall make arrangements to dispose of any bodies in
12the suspended licensee's possession after consulting with the
13authorizing agents for those bodies.
 
14    Section 99. Effective date. This Act takes effect January
151, 2025.".