IL
Illinois House Bill HB3158

Illinois 2023-2024 Regular Session

Illinois House Bill HB3158 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3158 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: New Act Creates the Natural Organic Reduction Regulation Act. Provides that any person doing business in this State, or any cemetery, crematory, funeral establishment, corporation, partnership, joint venture, voluntary organization, or any other entity, may erect, maintain, and operate a natural organic reduction facility in the State and provide the necessary appliances and facilities for the natural organic reduction of human remains in accordance with the Act. Provides that an individual or a person, cemetery, crematory, funeral establishment, corporation, partnership, joint venture, voluntary organization, or other entity may reduce human remains only in a natural organic reduction facility operated by a disposition authority licensed for this purpose and only under the limitations provided in the Act. Provides for: grounds for denial or discipline; surrender of a license; license, display, transfer; authorizing agent; authorization for natural organic reduction; performance of natural organic reduction services, training; recordkeeping; natural organic reduction procedures; disposition of reduced human remains; limitation of liability; hazardous implants; penalties; failure to file an annual report; injunctive action, cease and desist order; service of notice; investigations, notice and hearing; compelling testimony; administrative review, venue, certification of record, costs; and preneed of natural organic reduction arrangements. LRB103 29928 CPF 56343 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3158 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: New Act New Act Creates the Natural Organic Reduction Regulation Act. Provides that any person doing business in this State, or any cemetery, crematory, funeral establishment, corporation, partnership, joint venture, voluntary organization, or any other entity, may erect, maintain, and operate a natural organic reduction facility in the State and provide the necessary appliances and facilities for the natural organic reduction of human remains in accordance with the Act. Provides that an individual or a person, cemetery, crematory, funeral establishment, corporation, partnership, joint venture, voluntary organization, or other entity may reduce human remains only in a natural organic reduction facility operated by a disposition authority licensed for this purpose and only under the limitations provided in the Act. Provides for: grounds for denial or discipline; surrender of a license; license, display, transfer; authorizing agent; authorization for natural organic reduction; performance of natural organic reduction services, training; recordkeeping; natural organic reduction procedures; disposition of reduced human remains; limitation of liability; hazardous implants; penalties; failure to file an annual report; injunctive action, cease and desist order; service of notice; investigations, notice and hearing; compelling testimony; administrative review, venue, certification of record, costs; and preneed of natural organic reduction arrangements. LRB103 29928 CPF 56343 b LRB103 29928 CPF 56343 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3158 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
3+New Act New Act
4+New Act
5+Creates the Natural Organic Reduction Regulation Act. Provides that any person doing business in this State, or any cemetery, crematory, funeral establishment, corporation, partnership, joint venture, voluntary organization, or any other entity, may erect, maintain, and operate a natural organic reduction facility in the State and provide the necessary appliances and facilities for the natural organic reduction of human remains in accordance with the Act. Provides that an individual or a person, cemetery, crematory, funeral establishment, corporation, partnership, joint venture, voluntary organization, or other entity may reduce human remains only in a natural organic reduction facility operated by a disposition authority licensed for this purpose and only under the limitations provided in the Act. Provides for: grounds for denial or discipline; surrender of a license; license, display, transfer; authorizing agent; authorization for natural organic reduction; performance of natural organic reduction services, training; recordkeeping; natural organic reduction procedures; disposition of reduced human remains; limitation of liability; hazardous implants; penalties; failure to file an annual report; injunctive action, cease and desist order; service of notice; investigations, notice and hearing; compelling testimony; administrative review, venue, certification of record, costs; and preneed of natural organic reduction arrangements.
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311 1 AN ACT concerning regulation.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 1. Short title. This Act may be cited as the
7-5 Natural Organic Reduction Regulation Act.
15+5 Natural Organic Reduction Regulation Act..
816 6 Section 5. Legislative intent. The practice of natural
917 7 organic reduction in the State is declared to be a practice
1018 8 affecting the public health, safety, and welfare and subject
1119 9 to regulation and control in the public interest. It is
1220 10 further declared to be a matter of public interest and concern
1321 11 that the preparation, care, and final disposition of a
1422 12 deceased human body be attended with appropriate observance
1523 13 and understanding, having due regard and respect for the
1624 14 reverent care of the human body and for those bereaved and the
1725 15 overall spiritual dignity of the human. It is further a matter
1826 16 of public interest that the practice of natural organic
19-17 reduction, as defined in this Act, be done only by qualified
27+17 reduction as defined in this Act, be done only by qualified
2028 18 persons authorized by this Act. This Act shall be liberally
2129 19 construed to best carry out these subjects and purposes.
2230 20 Section 10. Definitions. As used in this Act:
2331 21 "Address of record" means the designated address recorded
2432 22 by the Comptroller in the applicant's or licensee's
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36+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3158 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
37+New Act New Act
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39+Creates the Natural Organic Reduction Regulation Act. Provides that any person doing business in this State, or any cemetery, crematory, funeral establishment, corporation, partnership, joint venture, voluntary organization, or any other entity, may erect, maintain, and operate a natural organic reduction facility in the State and provide the necessary appliances and facilities for the natural organic reduction of human remains in accordance with the Act. Provides that an individual or a person, cemetery, crematory, funeral establishment, corporation, partnership, joint venture, voluntary organization, or other entity may reduce human remains only in a natural organic reduction facility operated by a disposition authority licensed for this purpose and only under the limitations provided in the Act. Provides for: grounds for denial or discipline; surrender of a license; license, display, transfer; authorizing agent; authorization for natural organic reduction; performance of natural organic reduction services, training; recordkeeping; natural organic reduction procedures; disposition of reduced human remains; limitation of liability; hazardous implants; penalties; failure to file an annual report; injunctive action, cease and desist order; service of notice; investigations, notice and hearing; compelling testimony; administrative review, venue, certification of record, costs; and preneed of natural organic reduction arrangements.
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3367 1 application file or license file. The address of record shall
3468 2 be the permanent street address of the natural organic
3569 3 reduction facility.
3670 4 "Alternative container" means a receptacle or
3771 5 biodegradable external wrapping, other than a casket, in which
3872 6 human remains are transported to the natural organic reduction
3973 7 facility. An alternative container shall be: (i) able to be
4074 8 closed in order to provide a complete covering for the human
4175 9 remains; (ii) resistant to leakage or spillage; (iii) rigid
4276 10 enough for handling with ease; and (iv) able to provide
4377 11 protection for the health, safety, and personal integrity of
4478 12 the natural organic reduction facilities personnel.
4579 13 "Authorizing agent" means a person legally entitled to
4680 14 order the natural organic reduction and final disposition of
4781 15 specific human remains. "Authorizing agent" includes an
4882 16 institution of medical, mortuary, or other sciences as
4983 17 provided in Section 20 of the Disposition of Remains of the
5084 18 Indigent Act.
5185 19 "Body parts" means limbs or other portions of the anatomy
5286 20 that are removed from a person or human remains for medical
5387 21 purposes during treatment, surgery, biopsy, autopsy, or
5488 22 medical research or human bodies or any portion of bodies that
5589 23 have been donated to science for medical research purposes.
5690 24 "Burial transit permit" means a permit for disposition of
5791 25 a dead human body as required by State law.
5892 26 "Casket" means a ridged container that is designed for the
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69103 1 encasement of human remains. A casket is usually constructed
70104 2 of wood, metal, or like material and ornamented and lined with
71105 3 fabric, and may or may not be combustible.
72106 4 "Comptroller" means the Comptroller of the State.
73107 5 "Disposition authority" means the legal entity which is
74108 6 licensed by the Comptroller to operate a natural organic
75109 7 reduction facility and to perform natural organic reductions.
76110 8 "Final disposition" means the burial, cremation, natural
77111 9 organic reduction, or other disposition of human remains or
78112 10 parts of human remains.
79113 11 "Funeral director" means a person known by the title of
80114 12 "funeral director", "funeral director and embalmer", or other
81115 13 similar words or titles licensed by the State to practice
82116 14 funeral directing or funeral directing and embalming.
83117 15 "Funeral establishment" means a building or separate
84118 16 portion of a building having a specific street address and
85119 17 location and devoted to activities relating to the shelter,
86120 18 care, custody, and preparation of a deceased human body and
87121 19 may contain facilities for funeral or wake services.
88122 20 "Holding facility" means an area that: (i) is designated
89123 21 for the retention of human remains prior to natural organic
90124 22 reduction; (ii) complies with all applicable public health
91125 23 law; (iii) preserves the health and safety of the natural
92126 24 organic reduction facilities personnel; and (iv) is secure
93127 25 from access by anyone other than authorized persons. A holding
94128 26 facility may be located in the natural organic reduction room,
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105139 1 consistent with the refrigeration requirements of this Act.
106140 2 "Human remains" means the body of a deceased person,
107141 3 including any form of body prosthesis that has been
108142 4 permanently attached or implanted in the body.
109143 5 "Integrate into the soil" means the authorized addition
110144 6 and mixing of reduced human remains with existing soil in a
111145 7 defined area within a dedicated cemetery, conservation area,
112146 8 property where the person who has control over the disposition
113147 9 of the reduced human remains has obtained written permission
114148 10 of the property owner.
115149 11 "Licensee" means an entity licensed under this Act. An
116150 12 entity that holds itself as a licensee or that is accused of
117151 13 unlicensed practice is considered a licensee for purposes of
118152 14 enforcement, investigation, hearings, and the Illinois
119153 15 Administrative Procedure Act.
120154 16 "Natural organic reduction" means the process of
121155 17 transforming a human body into soil using the natural
122156 18 decomposition process, accelerated with the addition of
123157 19 organic materials through the following steps:
124158 20 (1) The body of a deceased person is mixed together
125159 21 with natural materials and air and is periodically turned,
126160 22 eventually resulting in the body's reduction to a soil
127161 23 material.
128162 24 (2) Large tanks, containers, or similar vessels hold
129163 25 human remains together with straw, wood chips, or other
130-26 natural materials until the process is complete. Any such
164+26 natural materials until the process is complete.
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141-1 tank, container, or similar vessel shall be stainless
142-2 steel, leakproof, promote aerobic reduction and provide
143-3 for continuous monitoring of the natural organic reduction
144-4 process.
145-5 (3) The processing of the remains after removal from
146-6 the reduction chamber.
147-7 "Natural organic reduction authorization" means the
148-8 natural organic reduction form authorizing a natural organic
149-9 reduction which is signed by the next of kin or authorizing
150-10 agent. This natural organic reduction form must be a separate
151-11 document and cannot be a part of another form or document.
152-12 "Natural organic reduction facility" means the building or
153-13 portions of a building that houses the natural organic
154-14 reduction room and the holding facility. The facility shall
155-15 have a ventilation system that ventilates from the tank,
156-16 container, or similar vessel to a biofiltration system.
157-17 "Natural organic reduction room" means the room in which
158-18 the reduction chambers are located.
159-19 "Niche" means a compartment or cubicle for the
160-20 memorialization and permanent placement of an urn containing
161-21 reduced remains.
162-22 "Person" means any person, partnership, association,
163-23 corporation, limited liability company, or other entity, and
164-24 in the case of any such business organization, its officers,
165-25 partners, members, or shareholders possessing 25% or more of
166-26 ownership of the entity.
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175+1 (3) The processing of the remains after removal from
176+2 the reduction chamber.
177+3 "Natural organic reduction authorization" means the
178+4 natural organic reduction form authorizing a natural organic
179+5 reduction which is signed by the next of kin or authorizing
180+6 agent. This natural organic reduction form must be a separate
181+7 document and cannot be a part of another form or document.
182+8 "Natural organic reduction facility" means the building or
183+9 portions of a building that houses the natural organic
184+10 reduction room and the holding facility.
185+11 "Natural organic reduction room" means the room in which
186+12 the reduction chambers are located.
187+13 "Niche" means a compartment or cubicle for the
188+14 memorialization and permanent placement of an urn containing
189+15 reduced remains.
190+16 "Person" means any person, partnership, association,
191+17 corporation, limited liability company, or other entity, and
192+18 in the case of any such business organization, its officers,
193+19 partners, members, or shareholders possessing 25% or more of
194+20 ownership of the entity.
195+21 "Processing" means the removal of foreign objects as well
196+22 as, but not limited to, grinding, crushing, and pulverizing of
197+23 the remaining teeth and bones for the reduced human remains to
198+24 be integrated into the soil.
199+25 "Pulverization" means the reduction of identifiable bone
200+26 fragments after the completion of the natural organic
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177-1 "Processing" means the removal of foreign objects as well
178-2 as, but not limited to, grinding, crushing, and pulverizing of
179-3 the remaining teeth and bones for the reduced human remains to
180-4 be integrated into the soil.
181-5 "Pulverization" means the reduction of identifiable bone
182-6 fragments after the completion of the natural organic
183-7 reduction process to granulated particles by manual or
184-8 mechanical means.
185-9 "Reduction chamber" means the enclosed space within which
186-10 individual human remains are reduced and any other attached,
187-11 non-enclosed, mechanical components that are necessary for the
188-12 safe and proper functioning of the equipment. A reduction
189-13 chamber shall meet or exceed the requirements set by the
190-14 federal Centers for Disease Control and Prevention for
191-15 destruction of human pathogens.
192-16 "Reduced human remains" means the remains of a human body
193-17 that have been reduced to soil through a process of reduction.
194-18 "Reduced human remains" does not include foreign materials,
195-19 pacemakers, or prostheses.
196-20 "Reduced remains interment container" means a rigid outer
197-21 container that is subject to a cemetery's rules and
198-22 regulations.
199-23 "Scattering area" means an area which may be designated by
200-24 a cemetery and located on dedicated cemetery property, or an
201-25 area designated as a scattering area on private land or a
202-26 privately owned nature preserve where reduced human remains,
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211+1 reduction process to granulated particles by manual or
212+2 mechanical means.
213+3 "Reduction chamber" means the enclosed space within which
214+4 individual human remains are reduced and any other attached,
215+5 non-enclosed, mechanical components that are necessary for the
216+6 safe and proper functioning of the equipment. A reduction
217+7 chamber shall meet or exceed the requirements set by the
218+8 Department of Public Health and the federal Centers for
219+9 Disease Control and Prevention for destruction of human
220+10 pathogens.
221+11 "Reduced human remains" means the remains of a human body
222+12 that have been reduced to soil through a process of reduction.
223+13 "Reduced human remains" does not include foreign materials,
224+14 pacemakers, or prostheses.
225+15 "Reduced remains interment container" means a rigid outer
226+16 container that is subject to a cemetery's rules and
227+17 regulations.
228+18 "Scattering area" means an area which may be designated by
229+19 a cemetery and located on dedicated cemetery property, or an
230+20 area designated as a scattering area on private land or a
231+21 privately owned nature preserve where reduced human remains,
232+22 which have been removed from the container, can be mixed with,
233+23 or placed on top of, the soil or ground cover.
234+24 "Temporary container" means a receptacle for reduced human
235+25 remains, usually composed of cardboard, plastic or similar
236+26 material, that can be closed in a manner that prevents the
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213-1 which have been removed from the container, can be mixed with,
214-2 or placed on top of, the soil or ground cover.
215-3 "Temporary container" means a receptacle for reduced human
216-4 remains, usually composed of cardboard, plastic or similar
217-5 material, that can be closed in a manner that prevents the
218-6 leakage or spillage of the reduced human remains or the
219-7 entrance of foreign material and is a single container of
220-8 sufficient size to hold the reduced human remains until an urn
221-9 is acquired, or the reduced human remains are scattered.
222-10 "Urn" means a receptacle designed to encase a portion of
223-11 the reduced human remains.
224-12 Section 15. Powers and duties of the Comptroller. Subject
225-13 to the provisions of this Act, the Comptroller may exercise
226-14 any of the following powers and duties:
227-15 (1) authorize standards to ascertain the
228-16 qualifications and fitness of applicants for licensing as
229-17 licensed natural organic reduction authorities and pass
230-18 upon the qualifications of applicants for licensure;
231-19 (2) examine and audit a licensed disposition
232-20 authority's record, natural organic reduction facility, or
233-21 any other aspects of the natural organic reduction
234-22 operations as the Comptroller deems appropriate;
235-23 (3) investigate any and all unlicensed activity;
236-24 (4) conduct hearings on proceedings to refuse to issue
237-25 licenses or to revoke, suspend, place on probation,
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247+1 leakage or spillage of the reduced human remains or the
248+2 entrance of foreign material and is a single container of
249+3 sufficient size to hold the reduced human remains until an urn
250+4 is acquired, or the reduced human remains are scattered.
251+5 "Urn" means a receptacle designed to encase a portion of
252+6 the reduced human remains.
253+7 Section 15. Powers and duties of the Comptroller. Subject
254+8 to the provisions of this Act, the Comptroller may exercise
255+9 any of the following powers and duties:
256+10 (1) authorize standards to ascertain the
257+11 qualifications and fitness of applicants for licensing as
258+12 licensed natural organic reduction authorities and pass
259+13 upon the qualifications of applicants for licensure;
260+14 (2) examine and audit a licensed disposition
261+15 authority's record, natural organic reduction facility, or
262+16 any other aspects of the natural organic reduction
263+17 operations as the Comptroller deems appropriate;
264+18 (3) investigate any and all unlicensed activity;
265+19 (4) conduct hearings on proceedings to refuse to issue
266+20 licenses or to revoke, suspend, place on probation,
267+21 reprimand, or otherwise discipline licensees and to refuse
268+22 to issue licenses or to revoke, suspend, place on
269+23 probation, reprimand, or otherwise discipline licensees;
270+24 (5) formulate rules required for the administration of
271+25 this Act; and
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248-1 reprimand, or otherwise discipline licensees and to refuse
249-2 to issue licenses or to revoke, suspend, place on
250-3 probation, reprimand, or otherwise discipline licensees;
251-4 (5) formulate rules required for the administration of
252-5 this Act; and
253-6 (6) maintain rosters of the names and addresses of all
254-7 licensees, and all entities whose licenses have been
255-8 suspended, revoked, or otherwise disciplined. These
256-9 rosters shall be available upon written request and
257-10 payment of the required fee.
258-11 Section 20. Establishment of a natural organic reduction
259-12 facility and licensing of disposition authority.
260-13 (a) Any person doing business in this State, or any
261-14 cemetery, crematory, funeral establishment, corporation,
262-15 partnership, joint venture, voluntary organization, or any
263-16 other entity, may erect, maintain, and operate a natural
264-17 organic reduction facility in this State and provide the
265-18 necessary appliances and facilities for the natural organic
266-19 reduction of human remains in accordance with this Act.
267-20 (b) A natural organic reduction facility shall be subject
268-21 to all local, State, and federal health and environmental
269-22 protection requirements and shall obtain all necessary
270-23 licenses and permits from the Department of Financial and
271-24 Professional Regulation, the Department of Public Health, the
272-25 federal Department of Health and Human Services, and the State
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282+1 (6) maintain rosters of the names and addresses of all
283+2 licensees, and all entities whose licenses have been
284+3 suspended, revoked, or otherwise disciplined. These
285+4 rosters shall be available upon written request and
286+5 payment of the required fee.
287+6 Section 20. Establishment of a natural organic reduction
288+7 facility and licensing of disposition authority.
289+8 (a) Any person doing business in this State, or any
290+9 cemetery, crematory, funeral establishment, corporation,
291+10 partnership, joint venture, voluntary organization, or any
292+11 other entity, may erect, maintain, and operate a natural
293+12 organic reduction facility in this State and provide the
294+13 necessary appliances and facilities for the natural organic
295+14 reduction of human remains in accordance with this Act.
296+15 (b) A natural organic reduction facility shall be subject
297+16 to all local, State, and federal health and environmental
298+17 protection requirements and shall obtain all necessary
299+18 licenses and permits from the Department of Financial and
300+19 Professional Regulation, the Department of Public Health, the
301+20 federal Department of Health and Human Services, and the State
302+21 and federal Environmental Protection Agencies, or such other
303+22 appropriate local, State, or federal agencies.
304+23 (c) A natural organic reduction facility may be
305+24 constructed on or adjacent to any cemetery, crematory, on or
306+25 adjacent to any funeral establishment, or at any other
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283-1 and federal Environmental Protection Agencies, or such other
284-2 appropriate local, State, or federal agencies.
285-3 (c) A natural organic reduction facility may be
286-4 constructed on or adjacent to any cemetery, crematory, on or
287-5 adjacent to any funeral establishment, or at any other
288-6 location consistent with local zoning regulations.
289-7 (d) An application for licensure as a disposition
290-8 authority shall be in writing on forms furnished by the
291-9 Comptroller. Applications shall be accompanied by a fee of
292-10 $100 and shall contain all of the following:
293-11 (1) the full name and address, both residence and
294-12 business, of the applicant if the applicant is an
295-13 individual; the full name and address of every member if
296-14 the applicant is a partnership; the full name and address
297-15 of every member of the board of directors if the applicant
298-16 is an association; and the name and address of every
299-17 officer, director, and shareholder holding more than 25%
300-18 of the corporate stock if the applicant is a corporation;
301-19 (2) the address and location of the natural organic
302-20 reduction facility;
303-21 (3) a description of the type of structure, equipment,
304-22 and technical process to be used in the operation of the
305-23 natural organic reduction facility; and
306-24 (4) any further information that the Comptroller
307-25 reasonably may require.
308-26 (e) Each disposition authority shall file an annual report
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317+1 location consistent with local zoning regulations.
318+2 (d) An application for licensure as a disposition
319+3 authority shall be in writing on forms furnished by the
320+4 Comptroller. Applications shall be accompanied by a fee of
321+5 $250 and shall contain all of the following:
322+6 (1) the full name and address, both residence and
323+7 business, of the applicant if the applicant is an
324+8 individual; the full name and address of every member if
325+9 the applicant is a partnership; the full name and address
326+10 of every member of the board of directors if the applicant
327+11 is an association; and the name and address of every
328+12 officer, director, and shareholder holding more than 25%
329+13 of the corporate stock if the applicant is a corporation;
330+14 (2) the address and location of the natural organic
331+15 reduction facility;
332+16 (3) a description of the type of structure, equipment,
333+17 and technical process to be used in the operation of the
334+18 natural organic reduction facility; and
335+19 (4) any further information that the Comptroller
336+20 reasonably may require.
337+21 (e) Each disposition authority shall file an annual report
338+22 with the Comptroller, accompanied with a $25 fee plus $15 for
339+23 each natural organic reduction performed that calendar year,
340+24 providing (i) an affidavit signed by the owner of the natural
341+25 organic reduction facility that at the time of the report the
342+26 natural organic reduction device was in proper operating
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319-1 with the Comptroller, accompanied with a $25 fee plus $5 for
320-2 each natural organic reduction performed that calendar year,
321-3 providing (i) an affidavit signed by the owner of the natural
322-4 organic reduction facility that at the time of the report the
323-5 natural organic reduction device was in proper operating
324-6 condition and all annual recommended maintenance by the
325-7 manufacturer was performed, (ii) the total number of all
326-8 natural organic reduction performed at the natural organic
327-9 reduction facility during the past year, (iii) attestation by
328-10 the licensee that all applicable permits and certifications
329-11 are valid, (iv) either (A) any changes required in the
330-12 information provided under subsection (d) or (B) an indication
331-13 that no changes have occurred, and (v) any other information
332-14 that the Comptroller may require. The annual report shall be
333-15 filed by a disposition authority on or before March 15 of each
334-16 calendar year. If the fiscal year of a disposition authority
335-17 is other than on a calendar year basis, then the disposition
336-18 authority shall file the report required by this Section
337-19 within 75 days after the end of its fiscal year. If a
338-20 disposition authority fails to submit an annual report to the
339-21 Comptroller within the time specified in this Section, the
340-22 Comptroller shall impose upon a disposition authority a
341-23 penalty of $5 for each and every day the disposition authority
342-24 remains delinquent in submitting the annual report. The
343-25 Comptroller may abate all or part of the $5 daily penalty for
344-26 good cause shown. The $25 annual report fee shall be deposited
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353+1 condition and all annual recommended maintenance by the
354+2 manufacturer was performed, (ii) the total number of all
355+3 natural organic reduction performed at the natural organic
356+4 reduction facility during the past year, (iii) attestation by
357+5 the licensee that all applicable permits and certifications
358+6 are valid, (iv) either (A) any changes required in the
359+7 information provided under subsection (d) or (B) an indication
360+8 that no changes have occurred, and (v) any other information
361+9 that the Comptroller may require. The annual report shall be
362+10 filed by a disposition authority on or before March 15 of each
363+11 calendar year. If the fiscal year of a disposition authority
364+12 is other than on a calendar year basis, then the disposition
365+13 authority shall file the report required by this Section
366+14 within 75 days after the end of its fiscal year. If a
367+15 disposition authority fails to submit an annual report to the
368+16 Comptroller within the time specified in this Section, the
369+17 Comptroller shall impose upon a disposition authority a
370+18 penalty of $5 for each and every day the disposition authority
371+19 remains delinquent in submitting the annual report. The
372+20 Comptroller may abate all or part of the $5 daily penalty for
373+21 good cause shown.
374+22 (f) All records required to be maintained under this Act,
375+23 including, but not limited to, those relating to the license
376+24 and annual report of the disposition authority required to be
377+25 filed under this Section, shall be subject to inspection by
378+26 the Comptroller upon reasonable notice.
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355-1 into the Comptroller's Administrative Fund. The $5 fee for
356-2 each natural organic reduction performed shall be deposited
357-3 into the Cemetery Consumer Protection Fund.
358-4 (f) All records required to be maintained under this Act,
359-5 including, but not limited to, those relating to the license
360-6 and annual report of the disposition authority required to be
361-7 filed under this Section, shall be subject to inspection by
362-8 the Comptroller upon reasonable notice.
363-9 (g) The Comptroller may inspect a natural organic
364-10 reduction facility record at the disposition authority's place
365-11 of business to review the licensee's compliance with this Act.
366-12 The Comptroller may charge a fee for the inspection of $100 to
367-13 the licensee. The inspection must include verification that:
368-14 (1) the disposition authority has complied with
369-15 record-keeping requirements of this Act;
370-16 (2) a natural organic reduction device operator's
371-17 certification of training and the required continuing
372-18 education certification is conspicuously displayed at the
373-19 natural organic reduction facility;
374-20 (3) the disposition authority is in compliance with
375-21 local zoning requirements;
376-22 (4) the disposition authority license issued by the
377-23 Comptroller is conspicuously displayed at the natural
378-24 organic reduction facility; and
379-25 (5) other details as determined by rule.
380-26 (h) Every license issued hereunder shall be renewed every
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389+1 (g) The Comptroller may inspect a natural organic
390+2 reduction facility record at the disposition authority's place
391+3 of business to review the licensee's compliance with this Act.
392+4 The Comptroller may charge a fee for the inspection of $100 to
393+5 the licensee. The inspection must include verification that:
394+6 (1) the disposition authority has complied with
395+7 record-keeping requirements of this Act;
396+8 (2) a natural organic reduction device operator's
397+9 certification of training and the required continuing
398+10 education certification is conspicuously displayed at the
399+11 natural organic reduction facility;
400+12 (3) the disposition authority is in compliance with
401+13 local zoning requirements;
402+14 (4) the disposition authority license issued by the
403+15 Comptroller is conspicuously displayed at the natural
404+16 organic reduction facility; and
405+17 (5) other details as determined by rule.
406+18 (h) Every license issued hereunder shall be renewed every
407+19 5 years for a renewal fee of $250. The renewal fee shall be
408+20 deposited into the Comptroller's Administrative Fund. The
409+21 Comptroller, upon the request of an interested person or on
410+22 his own motion, may issue new licenses to a licensee whose
411+23 license or licenses have been revoked, if no factor or
412+24 condition then exists which would have warranted the
413+25 Comptroller to originally refuse the issuance of such license.
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391-1 5 years for a renewal fee of $100. The renewal fee shall be
392-2 deposited into the Comptroller's Administrative Fund. The
393-3 Comptroller, upon the request of an interested person or on
394-4 his own motion, may issue new licenses to a licensee whose
395-5 license or licenses have been revoked, if no factor or
396-6 condition then exists which would have warranted the
397-7 Comptroller to originally refuse the issuance of such license.
398-8 Section 25. Grounds for denial or discipline.
399-9 (a) In this Section, "applicant" means a person who has
400-10 applied for a license under this Act including those persons
401-11 whose names are listed on a license application in Section 20
402-12 of this Act.
403-13 (b) The Comptroller may refuse to issue a license, place
404-14 on probation, reprimand, or take other disciplinary action
405-15 that the Comptroller may deem appropriate, including imposing
406-16 fines not to exceed $5,000 for each violation, with regard to
407-17 any license under this Act, or may suspend or revoke a license
408-18 issued under this Act, on any of the following grounds:
409-19 (1) The applicant or licensee has made any
410-20 misrepresentation or false statement or concealed any
411-21 material fact in furnishing information to the
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424+1 Section 25. Grounds for denial or discipline.
425+2 (a) In this Section, "applicant" means a person who has
426+3 applied for a license under this Act including those persons
427+4 whose names are listed on a license application in Section 20
428+5 of this Act.
429+6 (b) The Comptroller may refuse to issue a license, place
430+7 on probation, reprimand, or take other disciplinary action
431+8 that the Comptroller may deem appropriate, including imposing
432+9 fines not to exceed $5,000 for each violation, with regard to
433+10 any license under this Act, or may suspend or revoke a license
434+11 issued under this Act, on any of the following grounds:
435+12 (1) The applicant or licensee has made any
436+13 misrepresentation or false statement or concealed any
437+14 material fact in furnishing information to the
438+15 Comptroller.
439+16 (2) The applicant or licensee has been engaged in
440+17 fraudulent business practices.
441+18 (3) The applicant or licensee has refused to give
442+19 information required under this Act to be disclosed to the
443+20 Comptroller or failing, within 30 days, to provide
444+21 information in response to a written request made by the
412445 22 Comptroller.
413-23 (2) The applicant or licensee has been engaged in
414-24 fraudulent business practices.
415-25 (3) The applicant or licensee has refused to give
446+23 (4) Engaging in dishonorable, unethical, or
447+24 unprofessional conduct of a character likely to deceive,
448+25 defraud, or harm the public.
449+26 (5) As to any individual listed in the license
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426-1 information required under this Act to be disclosed to the
427-2 Comptroller or failing, within 30 days, to provide
428-3 information in response to a written request made by the
429-4 Comptroller.
430-5 (4) Engaging in dishonorable, unethical, or
431-6 unprofessional conduct of a character likely to deceive,
432-7 defraud, or harm the public.
433-8 (5) As to any individual listed in the license
434-9 application as required under Section 20, that individual
435-10 has conducted or is about to conduct any natural organic
436-11 reduction business on behalf of the applicant in a
437-12 fraudulent manner or has been convicted of any felony or
438-13 misdemeanor an essential element of which is fraud.
439-14 (6) The applicant or licensee has failed to make the
440-15 annual report required by this Act or to comply with a
441-16 final order, decision, or finding of the Comptroller made
442-17 under this Act.
443-18 (7) The applicant or licensee, including any member,
444-19 officer, or director of the applicant or licensee if the
445-20 applicant or licensee is a firm, partnership, association,
446-21 or corporation and including any shareholder holding more
447-22 than 25% of the corporate stock of the applicant or
448-23 licensee, has violated any provision of this Act or any
449-24 regulation or order made by the Comptroller under this
450-25 Act.
451-26 (8) The Comptroller finds any fact or condition
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460+1 application as required under Section 20, that individual
461+2 has conducted or is about to conduct any natural organic
462+3 reduction business on behalf of the applicant in a
463+4 fraudulent manner or has been convicted of any felony or
464+5 misdemeanor an essential element of which is fraud.
465+6 (6) The applicant or licensee has failed to make the
466+7 annual report required by this Act or to comply with a
467+8 final order, decision, or finding of the Comptroller made
468+9 under this Act.
469+10 (7) The applicant or licensee, including any member,
470+11 officer, or director of the applicant or licensee if the
471+12 applicant or licensee is a firm, partnership, association,
472+13 or corporation and including any shareholder holding more
473+14 than 25% of the corporate stock of the applicant or
474+15 licensee, has violated any provision of this Act or any
475+16 regulation or order made by the Comptroller under this
476+17 Act.
477+18 (8) The Comptroller finds any fact or condition
478+19 existing that, if it had existed at the time of the
479+20 original application for a license under this Act, would
480+21 have warranted the Comptroller in refusing the issuance of
481+22 the license.
482+23 (9) Any violation of this Act or of the rules adopted
483+24 under this Act.
484+25 (10) Incompetence.
485+26 (11) Gross malpractice.
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462-1 existing that, if it had existed at the time of the
463-2 original application for a license under this Act, would
464-3 have warranted the Comptroller in refusing the issuance of
465-4 the license.
466-5 (9) Any violation of this Act or of the rules adopted
467-6 under this Act.
468-7 (10) Incompetence.
469-8 (11) Gross malpractice.
470-9 (12) Discipline by another state, District of
471-10 Columbia, territory, or foreign nation, if at least one of
472-11 the grounds for the discipline is the same or
473-12 substantially equivalent to those set forth in this
474-13 Section.
475-14 (13) Directly or indirectly giving to or receiving
476-15 from any person, firm, corporation, partnership, or
477-16 association any fee, commission, rebate, or other form of
478-17 compensation for professional services not actually or
479-18 personally rendered.
480-19 (14) A finding by the Comptroller that the licensee,
481-20 after having its license placed on probationary status,
482-21 has violated the terms of probation.
483-22 (15) Willfully making or filing false records or
484-23 reports, including, but not limited to, false records
485-24 filed with State agencies or departments.
486-25 (16) Gross, willful, or continued overcharging for
487-26 professional services, including filing false statements
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496+1 (12) Discipline by another state, District of
497+2 Columbia, territory, or foreign nation, if at least one of
498+3 the grounds for the discipline is the same or
499+4 substantially equivalent to those set forth in this
500+5 Section.
501+6 (13) Directly or indirectly giving to or receiving
502+7 from any person, firm, corporation, partnership, or
503+8 association any fee, commission, rebate, or other form of
504+9 compensation for professional services not actually or
505+10 personally rendered.
506+11 (14) A finding by the Comptroller that the licensee,
507+12 after having its license placed on probationary status,
508+13 has violated the terms of probation.
509+14 (15) Willfully making or filing false records or
510+15 reports, including, but not limited to, false records
511+16 filed with State agencies or departments.
512+17 (16) Gross, willful, or continued overcharging for
513+18 professional services, including filing false statements
514+19 for collection of fees for which services are not
515+20 rendered.
516+21 (17) Practicing under a false or, except as provided
517+22 by law, an assumed name.
518+23 (18) Cheating on or attempting to subvert this Act's
519+24 licensing application process.
520+25 Section 30. License revocation or suspension; surrender of
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498-1 for collection of fees for which services are not
499-2 rendered.
500-3 (17) Practicing under a false or, except as provided
501-4 by law, an assumed name.
502-5 (18) Cheating on or attempting to subvert this Act's
503-6 licensing application process.
504-7 Section 30. License revocation or suspension; surrender of
505-8 license. Upon the revocation or suspension of a license issued
506-9 under this Act, the licensee must immediately surrender the
507-10 license to the Comptroller. If the licensee fails to do so, the
508-11 Comptroller may seize the license.
509-12 Section 35. Surrender of license; effect on licensee's
510-13 liability. A licensee may surrender a license issued under
511-14 this Act by delivering to the Comptroller a written notice
512-15 stating that the licensee thereby surrenders the license, but
513-16 such a surrender does not affect the licensee's civil or
514-17 criminal liability for acts committed before the surrender.
515-18 Section 40. License; display; transfer; duration.
516-19 (a) Every license issued under this Act must state the
517-20 number of the license, the business name and address of the
518-21 licensee's principal place of business, and the licensee's
519-22 parent company, if any. The license must be conspicuously
520-23 posted in the place of business operating under the license.
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531+1 license. Upon the revocation or suspension of a license issued
532+2 under this Act, the licensee must immediately surrender the
533+3 license to the Comptroller. If the licensee fails to do so, the
534+4 Comptroller may seize the license.
535+5 Section 35. Surrender of license; effect on licensee's
536+6 liability. A licensee may surrender a license issued under
537+7 this Act by delivering to the Comptroller a written notice
538+8 stating that the licensee thereby surrenders the license, but
539+9 such a surrender does not affect the licensee's civil or
540+10 criminal liability for acts committed before the surrender.
541+11 Section 40. License; display; transfer; duration.
542+12 (a) Every license issued under this Act must state the
543+13 number of the license, the business name and address of the
544+14 licensee's principal place of business, and the licensee's
545+15 parent company, if any. The license must be conspicuously
546+16 posted in the place of business operating under the license.
547+17 (b) After initial licensure, if any person comes to obtain
548+18 at least 51% of the ownership over the natural organic
549+19 reduction facility, then the disposition authority shall apply
550+20 for a new license in the required time as set out by rule.
551+21 (c) Every license issued under this Act shall remain in
552+22 force until it has been surrendered, suspended, or revoked in
553+23 accordance with this Act. Upon the request of an interested
554+24 person or on the Comptroller's own motion, the Comptroller may
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531-1 (b) After initial licensure, if any person comes to obtain
532-2 at least 51% of the ownership over the natural organic
533-3 reduction facility, then the disposition authority shall apply
534-4 for a new license in the required time as set out by rule.
535-5 (c) Every license issued under this Act shall remain in
536-6 force until it has been surrendered, suspended, or revoked in
537-7 accordance with this Act. Upon the request of an interested
538-8 person or on the Comptroller's own motion, the Comptroller may
539-9 issue a new license to a licensee whose license has been
540-10 revoked under this Act if no factor or condition then exists
541-11 which would have warranted the Comptroller in originally
542-12 refusing the issuance of the license.
543-13 Section 45. Authorizing agent. The priority of the person
544-14 or persons who have the right to serve as the authorizing agent
545-15 for natural organic reduction is in the same priority as
546-16 provided for in Section 5 of the Disposition of Remains Act.
547-17 Section 50. Natural organic reduction only in a natural
548-18 organic reduction facility. An individual or a person,
549-19 cemetery, crematory, funeral establishment, corporation,
550-20 partnership, joint venture, voluntary organization, or other
551-21 entity may reduce human remains only in a natural organic
552-22 reduction facility operated by a disposition authority
553-23 licensed for this purpose and only under the limitations
554-24 provided in this Act.
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565+1 issue a new license to a licensee whose license has been
566+2 revoked under this Act if no factor or condition then exists
567+3 which would have warranted the Comptroller in originally
568+4 refusing the issuance of the license.
569+5 Section 45. Authorizing agent. The priority of the person
570+6 or persons who have the right to serve as the authorizing agent
571+7 for natural organic reduction is in the same priority as
572+8 provided for in Section 5 of the Disposition of Remains Act.
573+9 Section 50. Natural organic reduction only in a natural
574+10 organic reduction facility. An individual or a person,
575+11 cemetery, crematory, funeral establishment, corporation,
576+12 partnership, joint venture, voluntary organization, or other
577+13 entity may reduce human remains only in a natural organic
578+14 reduction facility operated by a disposition authority
579+15 licensed for this purpose and only under the limitations
580+16 provided in this Act.
581+17 Section 55. Authorization for natural organic reduction.
582+18 (a) A disposition authority shall not reduce human remains
583+19 by natural organic reduction until it has received all of the
584+20 following:
585+21 (1) a natural organic reduction authorization form
586+22 signed by the next of kin or authorizing agent. The
587+23 natural organic reduction authorization form shall be
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565-1 Section 55. Authorization for natural organic reduction.
566-2 (a) A disposition authority shall not reduce human remains
567-3 by natural organic reduction until it has received all of the
568-4 following:
569-5 (1) a natural organic reduction authorization form
570-6 signed by the next of kin or authorizing agent. The
571-7 natural organic reduction authorization form shall be
572-8 provided by the disposition authority and shall contain,
573-9 at a minimum, the following information:
574-10 (A) the identity of the human remains and the time
575-11 and date of death;
576-12 (B) the name of the funeral director and funeral
577-13 establishment, if applicable, that obtained the
578-14 natural organic reduction authorization;
579-15 (C) notification as to whether the death occurred
580-16 from a disease declared by the Illinois Department of
581-17 Health to be infectious, contagious, communicable, or
582-18 dangerous to the public health;
583-19 (D) the name of the authorizing agent and the
584-20 relationship between the authorizing agent and the
585-21 decedent;
586-22 (E) a representation that the authorizing agent
587-23 does in fact have the right to authorize the natural
588-24 organic reduction of the decedent, and that the
589-25 authorizing agent is not aware of any living person
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598+1 provided by the disposition authority and shall contain,
599+2 at a minimum, the following information:
600+3 (A) the identity of the human remains and the time
601+4 and date of death;
602+5 (B) the name of the funeral director and funeral
603+6 establishment, if applicable, that obtained the
604+7 natural organic reduction authorization;
605+8 (C) notification as to whether the death occurred
606+9 from a disease declared by the Illinois Department of
607+10 Health to be infectious, contagious, communicable, or
608+11 dangerous to the public health;
609+12 (D) the name of the authorizing agent and the
610+13 relationship between the authorizing agent and the
611+14 decedent;
612+15 (E) a representation that the authorizing agent
613+16 does in fact have the right to authorize the natural
614+17 organic reduction of the decedent, and that the
615+18 authorizing agent is not aware of any living person
616+19 who has a superior priority right to that of the
617+20 authorizing agent, as set forth in Section 45. In the
618+21 event there is another living person who has a
619+22 superior priority right to that of the authorizing
620+23 agent, the form shall contain a representation that
621+24 the authorizing agent has made all reasonable efforts
622+25 to contact that person, has been unable to do so, and
623+26 has no reason to believe that the person would object
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600-1 who has a superior priority right to that of the
601-2 authorizing agent, as set forth in Section 45. In the
602-3 event there is another living person who has a
603-4 superior priority right to that of the authorizing
604-5 agent, the form shall contain a representation that
605-6 the authorizing agent has made all reasonable efforts
606-7 to contact that person, has been unable to do so, and
607-8 has no reason to believe that the person would object
608-9 to the natural organic reduction of the decedent;
609-10 (F) authorization for the disposition authority to
610-11 reduce the human remains by natural organic reduction;
611-12 (G) a representation that the human remains do not
612-13 contain any other material or implant that may be
613-14 potentially hazardous or cause damage to the natural
614-15 organic reduction chamber or the person performing the
615-16 natural organic reduction;
616-17 (H) the name of the person authorized to receive
617-18 the reduced remains from the disposition authority;
618-19 (I) the manner in which final disposition of the
619-20 reduced human remains is to take place, if known. If
620-21 the reduction authorization form does not specify
621-22 final disposition in a grave, crypt, niche, or
622-23 scattering area, then the form may indicate that the
623-24 reduced human remains will be held by the disposition
624-25 authority for 30 days before they are released, unless
625-26 they are picked up from the disposition authority
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634+1 to the natural organic reduction of the decedent;
635+2 (F) authorization for the disposition authority to
636+3 reduce the human remains by natural organic reduction;
637+4 (G) a representation that the human remains do not
638+5 contain any other material or implant that may be
639+6 potentially hazardous or cause damage to the natural
640+7 organic reduction chamber or the person performing the
641+8 natural organic reduction;
642+9 (H) the name of the person authorized to receive
643+10 the reduced remains from the disposition authority;
644+11 (I) the manner in which final disposition of the
645+12 reduced human remains is to take place, if known. If
646+13 the reduction authorization form does not specify
647+14 final disposition in a grave, crypt, niche, or
648+15 scattering area, then the form may indicate that the
649+16 reduced human remains will be held by the disposition
650+17 authority for 30 days before they are released, unless
651+18 they are picked up from the disposition authority
652+19 prior to that time, in person, by the authorizing
653+20 agent with prior consent from the authorizing agent.
654+21 At the end of the 60 days the disposition authority may
655+22 return the reduced human remains to the authorizing
656+23 agent if no final disposition arrangements are made;
657+24 or at the end of 60 days the disposition authority may
658+25 dispose of the reduced human remains in accordance
659+26 with this subsection (b) of Section 75;
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636-1 prior to that time, in person, by the authorizing
637-2 agent with prior consent from the authorizing agent.
638-3 At the end of the 60 days the disposition authority may
639-4 return the reduced human remains to the authorizing
640-5 agent if no final disposition arrangements are made;
641-6 or at the end of 60 days the disposition authority may
642-7 dispose of the reduced human remains in accordance
643-8 with this subsection (b) of Section 75;
644-9 (J) a listing of any items of value to be delivered
645-10 to the disposition authority along with the human
646-11 remains, and instructions as to how the items should
647-12 be handled;
648-13 (K) a specific statement as to whether the
649-14 authorizing agent has made arrangements for any type
650-15 of viewing of the decedent before natural organic
651-16 reduction or for a service with the decedent present
652-17 before natural organic reduction in connection with
653-18 the natural organic reduction, and if so, the date and
654-19 time of the viewing or service and whether the
655-20 disposition authority is authorized to proceed with
656-21 the natural organic reduction upon receipt of the
657-22 human remains;
658-23 (L) the signature of the authorizing agent,
659-24 attesting to the accuracy of all representations
660-25 contained on the natural organic reduction
661-26 authorization form, except as set forth in paragraph
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669+ HB3158 - 19 - LRB103 29928 CPF 56343 b
670+1 (J) a listing of any items of value to be delivered
671+2 to the disposition authority along with the human
672+3 remains, and instructions as to how the items should
673+4 be handled;
674+5 (K) a specific statement as to whether the
675+6 authorizing agent has made arrangements for any type
676+7 of viewing of the decedent before natural organic
677+8 reduction or for a service with the decedent present
678+9 before natural organic reduction in connection with
679+10 the natural organic reduction, and if so, the date and
680+11 time of the viewing or service and whether the
681+12 disposition authority is authorized to proceed with
682+13 the natural organic reduction upon receipt of the
683+14 human remains;
684+15 (L) the signature of the authorizing agent,
685+16 attesting to the accuracy of all representations
686+17 contained on the natural organic reduction
687+18 authorization form, except as set forth in paragraph
688+19 (M) of this subsection;
689+20 (M) if a natural organic reduction form is being
690+21 executed on a pre-need basis, the natural organic
691+22 reduction authorization form shall contain the
692+23 disclosure required by subsection (b) of Sec 125; and
693+24 (N) the natural organic reduction authorization
694+25 form, other than preneed natural organic reduction
695+26 forms, shall also be signed by a funeral director or
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672-1 (M) of this subsection;
673-2 (M) if a natural organic reduction form is being
674-3 executed on a pre-need basis, the natural organic
675-4 reduction authorization form shall contain the
676-5 disclosure required by subsection (b) of Sec 125; and
677-6 (N) the natural organic reduction authorization
678-7 form, other than preneed natural organic reduction
679-8 forms, shall also be signed by a funeral director or
680-9 other representative of the disposition authority that
681-10 obtained the natural organic reduction authorization.
682-11 That individual shall merely execute the natural
683-12 organic reduction authorization form as a witness and
684-13 shall not be responsible for any of the
685-14 representations made by the authorizing agent, unless
686-15 the individual has actual knowledge to the contrary.
687-16 The information requested by subparagraphs (A), (B),
688-17 (C), and (G) of this subsection, however, shall be
689-18 considered to be representations of the authorizing
690-19 agent. The funeral director or funeral establishment
691-20 shall warrant to the natural organic reduction
692-21 facility that the human remains delivered to the
693-22 disposition authority are the human remains identified
694-23 on the natural organic reduction authorization form;
695-24 (2) a completed and executed burial transit permit
696-25 indicating that the human remains are to be reduced; and
697-26 (3) any other documentation required by this State.
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706+1 other representative of the disposition authority that
707+2 obtained the natural organic reduction authorization.
708+3 That individual shall merely execute the natural
709+4 organic reduction authorization form as a witness and
710+5 shall not be responsible for any of the
711+6 representations made by the authorizing agent, unless
712+7 the individual has actual knowledge to the contrary.
713+8 The information requested by subparagraphs (A), (B),
714+9 (C), and (G) of this subsection, however, shall be
715+10 considered to be representations of the authorizing
716+11 agent. The funeral director or funeral establishment
717+12 shall warrant to the natural organic reduction
718+13 facility that the human remains delivered to the
719+14 disposition authority are the human remains identified
720+15 on the natural organic reduction authorization form;
721+16 (2) a completed and executed burial transit permit
722+17 indicating that the human remains are to be reduced; and
723+18 (3) any other documentation required by this State.
724+19 (b) If an authorizing agent is not available to execute a
725+20 natural organic reduction authorization form in person, that
726+21 person may use an electronic signature or may delegate that
727+22 authority to another person in writing, or by sending the
728+23 disposition authority a facsimile transmission that contains
729+24 the name, address, and relationship of the sender to the
730+25 decedent and the name and address of the individual to whom
731+26 authority is delegated. Upon receipt of the written document,
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708-1 (b) If an authorizing agent is not available to execute a
709-2 natural organic reduction authorization form in person, that
710-3 person may use an electronic signature or may delegate that
711-4 authority to another person in writing, or by sending the
712-5 disposition authority a facsimile transmission that contains
713-6 the name, address, and relationship of the sender to the
714-7 decedent and the name and address of the individual to whom
715-8 authority is delegated. Upon receipt of the written document,
716-9 or facsimile transmission, telegram, or other electronic
717-10 telecommunications transmission which specifies the individual
718-11 to whom authority has been delegated, the disposition
719-12 authority shall allow this individual to serve as the
720-13 authorizing agent and to execute the natural organic reduction
721-14 authorization form. The disposition authority shall be
722-15 entitled to rely upon the natural organic reduction
723-16 authorization form without liability.
724-17 (c) An authorizing agent who signs a natural organic
725-18 reduction authorization form shall be deemed to warrant the
726-19 truthfulness of any facts set forth on the natural organic
727-20 reduction authorization form, including that person's
728-21 authority to order the natural organic reduction, except for
729-22 the information required by subparagraphs (C) and (G) of
730-23 paragraph (1) of subsection (a) of this Section, unless the
731-24 authorizing agent has actual knowledge to the contrary. An
732-25 authorizing agent signing a natural organic reduction
733-26 authorization form shall be personally and individually liable
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741+ HB3158 - 21 - LRB103 29928 CPF 56343 b
742+1 or facsimile transmission, telegram, or other electronic
743+2 telecommunications transmission which specifies the individual
744+3 to whom authority has been delegated, the disposition
745+4 authority shall allow this individual to serve as the
746+5 authorizing agent and to execute the natural organic reduction
747+6 authorization form. The disposition authority shall be
748+7 entitled to rely upon the natural organic reduction
749+8 authorization form without liability.
750+9 (c) An authorizing agent who signs a natural organic
751+10 reduction authorization form shall be deemed to warrant the
752+11 truthfulness of any facts set forth on the natural organic
753+12 reduction authorization form, including that person's
754+13 authority to order the natural organic reduction, except for
755+14 the information required by subparagraphs (C) and (G) of
756+15 paragraph (1) of subsection (a) of this Section, unless the
757+16 authorizing agent has actual knowledge to the contrary. An
758+17 authorizing agent signing a natural organic reduction
759+18 authorization form shall be personally and individually liable
760+19 for all damages occasioned by and resulting from authorizing
761+20 the natural organic reduction.
762+21 (d) A disposition authority shall have authority to reduce
763+22 human remains upon the receipt of a natural organic reduction
764+23 authorization form signed by an authorizing agent. There shall
765+24 be no liability for the natural organic reduction disposition
766+25 authority according to a natural organic reduction
767+26 authorization, or that releases or disposes of the reduced
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744-1 for all damages occasioned by and resulting from authorizing
745-2 the natural organic reduction.
746-3 (d) A disposition authority shall have authority to reduce
747-4 human remains upon the receipt of a natural organic reduction
748-5 authorization form signed by an authorizing agent. There shall
749-6 be no liability for the natural organic reduction disposition
750-7 authority according to a natural organic reduction
751-8 authorization, or that releases or disposes of the reduced
752-9 human remains according to a natural organic reduction
753-10 authorization, except for a disposition authority's gross
754-11 negligence, provided that the disposition authority performs
755-12 its functions in compliance with this Act.
756-13 (e) After an authorizing agent has executed a natural
757-14 organic reduction authorization form and before the natural
758-15 organic reduction process has started, the authorizing agent
759-16 may revoke the authorization and instruct the disposition
760-17 authority to cancel the natural organic reduction and to
761-18 release or deliver the human remains to another disposition
762-19 authority or funeral establishment. The instructions shall be
763-20 provided to the disposition authority in writing. A
764-21 disposition authority shall honor any instructions given to it
765-22 by an authorizing agent under this Section if it receives the
766-23 instructions prior to beginning the reducing of the human
767-24 remains.
768-25 Section 60. Performance of natural organic reduction
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777+ HB3158 - 22 - LRB103 29928 CPF 56343 b
778+1 human remains according to a natural organic reduction
779+2 authorization, except for a disposition authority's gross
780+3 negligence, provided that the disposition authority performs
781+4 its functions in compliance with this Act.
782+5 (e) After an authorizing agent has executed a natural
783+6 organic reduction authorization form and before the natural
784+7 organic reduction process has started, the authorizing agent
785+8 may revoke the authorization and instruct the disposition
786+9 authority to cancel the natural organic reduction and to
787+10 release or deliver the human remains to another disposition
788+11 authority or funeral establishment. The instructions shall be
789+12 provided to the disposition authority in writing. A
790+13 disposition authority shall honor any instructions given to it
791+14 by an authorizing agent under this Section if it receives the
792+15 instructions prior to beginning the reducing of the human
793+16 remains.
794+17 Section 60. Performance of natural organic reduction
795+18 services; training. A person may not perform a natural organic
796+19 reduction service in this State unless the person has
797+20 completed training in performing natural organic reduction
798+21 services and received certification by a program recognized by
799+22 the Comptroller. The disposition authority must conspicuously
800+23 display the certification at the disposition authority's place
801+24 of business. A continuing education natural organic reduction
802+25 course of at least 2 hours in length from a recognized provider
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779-1 services; training. A person may not perform a natural organic
780-2 reduction service in this State unless the person has
781-3 completed training in performing natural organic reduction
782-4 services and received certification by a program recognized by
783-5 the Comptroller. The disposition authority must conspicuously
784-6 display the certification at the disposition authority's place
785-7 of business. A continuing education natural organic reduction
786-8 course of at least 2 hours in length from a recognized provider
787-9 must be completed every 5 years by each person performing a
788-10 natural organic reduction service. For purposes of this Act,
789-11 the Comptroller may recognize any training program that
790-12 provides training in the operation of a natural organic
791-13 reduction device, in the maintenance of a clean facility, and
792-14 in the proper handling of human remains. The Comptroller may
793-15 recognize any course that is conducted by a death care trade
794-16 association in the State or the United States for natural
795-17 organic reduction or by a manufacturer of a natural organic
796-18 reduction unit that is consistent with the standards provided
797-19 in this Act or as otherwise determined by rule.
798-20 Section 65. Recordkeeping.
799-21 (a) The disposition authority shall furnish to the funeral
800-22 director who delivers human remains to the disposition
801-23 authority a receipt signed at the time of delivery by both the
802-24 disposition authority and the funeral director who delivers
803-25 the human remains, showing the date and time of the delivery,
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812+ HB3158 - 23 - LRB103 29928 CPF 56343 b
813+1 must be completed every 5 years by each person performing a
814+2 natural organic reduction service. For purposes of this Act,
815+3 the Comptroller may recognize any training program that
816+4 provides training in the operation of a natural organic
817+5 reduction device, in the maintenance of a clean facility, and
818+6 in the proper handling of human remains. The Comptroller may
819+7 recognize any course that is conducted by a death care trade
820+8 association in the State or the United States for natural
821+9 organic reduction or by a manufacturer of a natural organic
822+10 reduction unit that is consistent with the standards provided
823+11 in this Act or as otherwise determined by rule.
824+12 Section 65. Recordkeeping.
825+13 (a) The disposition authority shall furnish to the funeral
826+14 director who delivers human remains to the disposition
827+15 authority a receipt signed at the time of delivery by both the
828+16 disposition authority and the funeral director who delivers
829+17 the human remains, showing the date and time of the delivery,
830+18 the type of alternative container or external wrapping that
831+19 was delivered, the name of the person from whom the human
832+20 remains were received and the name of the funeral
833+21 establishment or other entity with whom the person is
834+22 affiliated, the name of the person who received the human
835+23 remains on behalf of the disposition authority, and the name
836+24 of the decedent. The disposition authority shall retain a copy
837+25 of this receipt in its permanent records.
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814-1 the type of alternative container or external wrapping that
815-2 was delivered, the name of the person from whom the human
816-3 remains were received and the name of the funeral
817-4 establishment or other entity with whom the person is
818-5 affiliated, the name of the person who received the human
819-6 remains on behalf of the disposition authority, and the name
820-7 of the decedent. The disposition authority shall retain a copy
821-8 of this receipt in its permanent records.
822-9 (b) Upon its release of the reduced human remains, the
823-10 disposition authority shall furnish to the person who receives
824-11 the reduced human remains from the disposition authority a
825-12 receipt signed by both the disposition authority and the
826-13 person who receives the natural organic reduction remains,
827-14 showing the date and time of the release, the name of the
828-15 person to whom the reduced human remains were released and the
829-16 name of the funeral establishment, cemetery, or other entity
830-17 with whom the person is affiliated, the name of the person who
831-18 released the reduced human remains on behalf of the
832-19 disposition authority, and the name of the decedent. The
833-20 natural organic reduction facility shall retain a copy of this
834-21 receipt in its permanent records.
835-22 (c) A disposition authority shall maintain at its place of
836-23 business a permanent record of each natural organic reduction
837-24 that took place at its facility which shall contain the name of
838-25 the decedent, the date of the natural organic reduction, and
839-26 the final disposition of the reduced human remains.
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848+1 (b) Upon its release of the reduced human remains, the
849+2 disposition authority shall furnish to the person who receives
850+3 the reduced human remains from the disposition authority a
851+4 receipt signed by both the disposition authority and the
852+5 person who receives the natural organic reduction remains,
853+6 showing the date and time of the release, the name of the
854+7 person to whom the reduced human remains were released and the
855+8 name of the funeral establishment, cemetery, or other entity
856+9 with whom the person is affiliated, the name of the person who
857+10 released the reduced human remains on behalf of the
858+11 disposition authority, and the name of the decedent. The
859+12 natural organic reduction facility shall retain a copy of this
860+13 receipt in its permanent records.
861+14 (c) A disposition authority shall maintain at its place of
862+15 business a permanent record of each natural organic reduction
863+16 that took place at its facility which shall contain the name of
864+17 the decedent, the date of the natural organic reduction, and
865+18 the final disposition of the reduced human remains.
866+19 (d) The disposition authority shall maintain a record of
867+20 all reduced human remains disposed of by the disposition
868+21 authority in accordance with subsection (d) of Section 75.
869+22 (e) Upon completion of the natural organic reduction, the
870+23 disposition authority shall file the burial transit permit as
871+24 required by the Illinois Vital Records Act and rules adopted
872+25 under that Act and the Illinois Counties Code, and transmit a
873+26 photocopy of the burial transit permit along with the reduced
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850-1 (d) The disposition authority shall maintain a record of
851-2 all reduced human remains disposed of by the disposition
852-3 authority in accordance with subsection (d) of Section 75.
853-4 (e) Upon completion of the natural organic reduction, the
854-5 disposition authority shall file the burial transit permit as
855-6 required by the Illinois Vital Records Act and rules adopted
856-7 under that Act and the Illinois Counties Code, and transmit a
857-8 photocopy of the burial transit permit along with the reduced
858-9 human remains to whoever receives the reduced human remains
859-10 from the authorizing agent unless the reduced human remains
860-11 are to be interred, entombed, inurned, or placed in a
861-12 scattering area, in which case the disposition authority shall
862-13 retain a copy of the burial transit permit and shall send the
863-14 permit, along with the reduced human remains, to the cemetery,
864-15 which shall file the permit with the designated agency after
865-16 the interment, entombment, inurnment, or scattering has taken
866-17 place.
867-18 (f) All cemeteries shall maintain a record of all reduced
868-19 human remains that are disposed of on their property, provided
869-20 that the reduced human remains were properly transferred to
870-21 the cemetery and the cemetery issued a receipt acknowledging
871-22 the transfer of the reduced human remains.
872-23 Section 70. Natural organic reduction procedures.
873-24 (a) Human remains shall not be reduced within 24 hours
874-25 after the time of death, as indicated on the Medical
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883+ HB3158 - 25 - LRB103 29928 CPF 56343 b
884+1 human remains to whoever receives the reduced human remains
885+2 from the authorizing agent unless the reduced human remains
886+3 are to be interred, entombed, inurned, or placed in a
887+4 scattering area, in which case the disposition authority shall
888+5 retain a copy of the burial transit permit and shall send the
889+6 permit, along with the reduced human remains, to the cemetery,
890+7 which shall file the permit with the designated agency after
891+8 the interment, entombment, inurnment, or scattering has taken
892+9 place.
893+10 (f) All cemeteries shall maintain a record of all reduced
894+11 human remains that are disposed of on their property, provided
895+12 that the reduced human remains were properly transferred to
896+13 the cemetery and the cemetery issued a receipt acknowledging
897+14 the transfer of the reduced human remains.
898+15 Section 70. Natural organic reduction procedures.
899+16 (a) Human remains shall not be reduced within 24 hours
900+17 after the time of death, as indicated on the Medical
901+18 Examiner's or Coroner's Certificate of Death. In any death,
902+19 the human remains shall not be reduced by the disposition
903+20 authority until a natural organic reduction permit has been
904+21 received from the coroner or medical examiner of the county in
905+22 which the death occurred and the disposition authority has
906+23 received a natural organic reduction authorization form,
907+24 executed by an authorizing agent, in accordance with the
908+25 provisions of Section 60 of this Act. In no instance, however,
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885-1 Examiner's or Coroner's Certificate of Death. In any death,
886-2 the human remains shall not be reduced by the disposition
887-3 authority until a natural organic reduction permit has been
888-4 received from the coroner or medical examiner of the county in
889-5 which the death occurred and the disposition authority has
890-6 received a natural organic reduction authorization form,
891-7 executed by an authorizing agent, in accordance with the
892-8 provisions of Section 60 of this Act. In no instance, however,
893-9 shall the lapse of time between the death and the natural
894-10 organic reduction be less than 24 hours, unless because of a
895-11 religious requirement.
896-12 (b) Except as set forth in subsection (a), a disposition
897-13 authority shall have the right to schedule the natural organic
898-14 reduction to be performed at its own convenience, at any time
899-15 after the human remains have been delivered to the disposition
900-16 authority, unless the disposition authority has received
901-17 specific instructions to the contrary on the natural organic
902-18 reduction authorization form.
903-19 (c) No disposition authority shall reduce human remains
904-20 when it has actual knowledge that human remains contain
905-21 material or implant that may be potentially hazardous to the
906-22 person performing the natural organic reduction.
907-23 (d) No disposition authority shall accept embalmed remains
908-24 for natural organic reduction.
909-25 (e) Whenever a disposition authority is unable or
910-26 unauthorized to reduce human remains immediately upon taking
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918+ HB3158 - 26 - LRB103 29928 CPF 56343 b
919+1 shall the lapse of time between the death and the natural
920+2 organic reduction be less than 24 hours, unless because of a
921+3 religious requirement.
922+4 (b) Except as set forth in subsection (a), a disposition
923+5 authority shall have the right to schedule the natural organic
924+6 reduction to be performed at its own convenience, at any time
925+7 after the human remains have been delivered to the disposition
926+8 authority, unless the disposition authority has received
927+9 specific instructions to the contrary on the natural organic
928+10 reduction authorization form.
929+11 (c) No disposition authority shall reduce human remains
930+12 when it has actual knowledge that human remains contain
931+13 material or implant that may be potentially hazardous to the
932+14 person performing the natural organic reduction.
933+15 (d) No disposition authority shall accept embalmed remains
934+16 for natural organic reduction.
935+17 (e) Whenever a disposition authority is unable or
936+18 unauthorized to reduce human remains immediately upon taking
937+19 custody of the remains, the disposition authority shall place
938+20 the human remains in operable refrigeration unit with
939+21 cleanable, noncorrosive interior and exterior finishes. The
940+22 unit must be capable of maintaining a temperature of less than
941+23 40 degrees Fahrenheit or below and of holding at least 3
942+24 bodies. For purposes of this section, immediately upon taking
943+25 custody means within 24 hours of taking custody. The
944+26 disposition authority must notify the authorizing agent of the
911945
912946
913947
914948
915949
916- HB3158 Engrossed - 26 - LRB103 29928 CPF 56343 b
950+ HB3158 - 26 - LRB103 29928 CPF 56343 b
917951
918952
919-HB3158 Engrossed- 27 -LRB103 29928 CPF 56343 b HB3158 Engrossed - 27 - LRB103 29928 CPF 56343 b
920- HB3158 Engrossed - 27 - LRB103 29928 CPF 56343 b
921-1 custody of the remains, the disposition authority shall place
922-2 the human remains in operable refrigeration unit with
923-3 cleanable, noncorrosive interior and exterior finishes. The
924-4 unit must be capable of maintaining a temperature of less than
925-5 40 degrees Fahrenheit or below and of holding at least 3
926-6 bodies. For purposes of this section, immediately upon taking
927-7 custody means within 24 hours of taking custody. The
928-8 disposition authority must notify the authorizing agent of the
929-9 reasons for delay in the natural organic reduction if a
930-10 properly authorized natural organic reduction is not performed
931-11 within any time period expressly contemplated in the
932-12 authorization.
933-13 (f) A disposition authority shall not accept an
934-14 alternative container or external wrapping from which there is
935-15 any evidence of the leakage of body fluids.
936-16 (g) A disposition authority shall not reduce the remains
937-17 of more than one person at the same time and in the same
938-18 reduction chamber or introduce the remains of a second person
939-19 into the reduction chamber until the reduction of preceding
940-20 remains has been terminated and reasonable efforts have been
941-21 employed to remove all fragments of preceding remains. The
942-22 fact that there is residue in the reduction chamber or other
943-23 equipment or a container used in a prior reduction does not
944-24 violate this section.
945-25 (h) No unauthorized person shall be permitted in the
946-26 holding facility or natural organic reduction room while any
953+HB3158- 27 -LRB103 29928 CPF 56343 b HB3158 - 27 - LRB103 29928 CPF 56343 b
954+ HB3158 - 27 - LRB103 29928 CPF 56343 b
955+1 reasons for delay in the natural organic reduction if a
956+2 properly authorized natural organic reduction is not performed
957+3 within any time period expressly contemplated in the
958+4 authorization.
959+5 (f) A disposition authority shall not accept an
960+6 alternative container or external wrapping from which there is
961+7 any evidence of the leakage of body fluids.
962+8 (g) A disposition authority shall not reduce the remains
963+9 of more than one person at the same time and in the same
964+10 reduction chamber or introduce the remains of a second person
965+11 into the reduction chamber until the reduction of preceding
966+12 remains has been terminated and reasonable efforts have been
967+13 employed to remove all fragments of preceding remains. The
968+14 fact that there is residue in the reduction chamber or other
969+15 equipment or a container used in a prior reduction does not
970+16 violate this section.
971+17 (h) No unauthorized person shall be permitted in the
972+18 holding facility or natural organic reduction room while any
973+19 human remains are being held there awaiting natural organic
974+20 reduction, being reduced, or being removed from the reduction
975+21 chamber.
976+22 (i) A disposition authority shall not remove any dental
977+23 gold, body parts, organs, or any item of value prior to or
978+24 subsequent to a natural organic reduction without previously
979+25 having received specific written authorization from the
980+26 authorizing agent and written instructions for the delivery of
947981
948982
949983
950984
951985
952- HB3158 Engrossed - 27 - LRB103 29928 CPF 56343 b
986+ HB3158 - 27 - LRB103 29928 CPF 56343 b
953987
954988
955-HB3158 Engrossed- 28 -LRB103 29928 CPF 56343 b HB3158 Engrossed - 28 - LRB103 29928 CPF 56343 b
956- HB3158 Engrossed - 28 - LRB103 29928 CPF 56343 b
957-1 human remains are being held there awaiting natural organic
958-2 reduction, being reduced, or being removed from the reduction
959-3 chamber.
960-4 (i) A disposition authority shall not remove any dental
961-5 gold, body parts, organs, or any item of value prior to or
962-6 subsequent to a natural organic reduction without previously
963-7 having received specific written authorization from the
964-8 authorizing agent and written instructions for the delivery of
965-9 these items to the authorizing agent. Under no circumstances
966-10 shall a disposition authority profit from making or assisting
967-11 in any removal of valuables.
968-12 (j) In instances when the remains of deceased human beings
969-13 are to be delivered to a natural organic reduction facility in
970-14 a casket that is not to be organically reduced with the
971-15 deceased, timely disclosure thereof must be made by the person
972-16 making the funeral arrangements to the natural organic
973-17 reduction facility that prior to the natural organic reduction
974-18 the remains of the deceased human being shall be transferred
975-19 to an alternative container. Such signed acknowledgement of
976-20 the authorizing person, that the timely disclosure has been
977-21 made, shall be retained by the natural organic reduction
978-22 facility in its permanent records.
979-23 (k) A disposition authority shall:
980-24 (1) collect material samples for analysis that are
981-25 representative of each instance of natural organic
982-26 reduction;
989+HB3158- 28 -LRB103 29928 CPF 56343 b HB3158 - 28 - LRB103 29928 CPF 56343 b
990+ HB3158 - 28 - LRB103 29928 CPF 56343 b
991+1 these items to the authorizing agent. Under no circumstances
992+2 shall a disposition authority profit from making or assisting
993+3 in any removal of valuables.
994+4 (j) In instances when the remains of deceased human beings
995+5 are to be delivered to a natural organic reduction facility in
996+6 a casket that is not to be organically reduced with the
997+7 deceased, timely disclosure thereof must be made by the person
998+8 making the funeral arrangements to the natural organic
999+9 reduction facility that prior to the natural organic reduction
1000+10 the remains of the deceased human being shall be transferred
1001+11 to an alternative container. Such signed acknowledgement of
1002+12 the authorizing person, that the timely disclosure has been
1003+13 made, shall be retained by the natural organic reduction
1004+14 facility in its permanent records.
1005+15 (k) Analysis of material samples for natural organic
1006+16 reduction a disposition authority shall:
1007+17 (1) collect material samples for analysis that are
1008+18 representative of each instance of natural organic
1009+19 reduction;
1010+20 (2) analyze each material sample of composted remains
1011+21 for physical contaminants. Composted remains must have
1012+22 less than 0.01 mg per kg dry weight of physical
1013+23 contaminants which include, but are not limited to, intact
1014+24 bone, dental filings, and medical implants;
1015+25 (3) analyze, using a third-party laboratory approved
1016+26 by the Department of Public Health, the natural organic
9831017
9841018
9851019
9861020
9871021
988- HB3158 Engrossed - 28 - LRB103 29928 CPF 56343 b
1022+ HB3158 - 28 - LRB103 29928 CPF 56343 b
9891023
9901024
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992- HB3158 Engrossed - 29 - LRB103 29928 CPF 56343 b
993-1 (2) analyze each material sample of reduced remains
994-2 for physical contaminants. Reduced remains must have less
995-3 than 0.01 mg per kg dry weight of physical contaminants
996-4 which include, but are not limited to, intact bone, dental
997-5 filings, and medical implants;
998-6 (3) analyze, using a third-party laboratory accredited
999-7 by the Illinois Environmental Protection Agency's
1000-8 Laboratory Accreditation Program, the natural organic
1001-9 reduction facility's material samples of reduced remains
1002-10 according to the following schedule:
1003-11 (i) the natural organic reduction facility's
1004-12 initial 20 instances of reduced remains for the
1005-13 parameters identified in Table A, and any additional
1006-14 instances of reduced remains necessary to achieve 20
1007-15 material samples of reduced remains meeting the limits
1008-16 identified in Table A;
1009-17 (ii) following 20 material samples of reduced
1010-18 remains meeting limits outlined in Table A, analyze,
1011-19 at minimum, 25% of a natural organic reduction
1012-20 facility's monthly instances of reduced remains for
1013-21 the parameters identified in Table A until 80 total
1014-22 material samples of reduced remains have met the
1015-23 requirements in Table A; or
1016-24 (iii) the Comptroller, Department of Public
1017-25 Health, or local health department may require tests
1018-26 for additional parameters under paragraphs (2) and
1025+HB3158- 29 -LRB103 29928 CPF 56343 b HB3158 - 29 - LRB103 29928 CPF 56343 b
1026+ HB3158 - 29 - LRB103 29928 CPF 56343 b
1027+1 reduction facility's material samples of composted remains
1028+2 according to the following schedule:
1029+3 (i) the natural organic reduction facility's
1030+4 initial twenty instances of composted remains for the
1031+5 parameters identified in Table A, and any additional
1032+6 instances of composted remains necessary to achieve
1033+7 twenty material samples of composted remains meeting
1034+8 the limits identified in Table A;
1035+9 (ii) following twenty material samples of
1036+10 composted remains meeting limits outlined in Table A,
1037+11 analyze, at minimum, twenty-five percent of a natural
1038+12 organic reduction facility's monthly instances of
1039+13 composted remains for the parameters identified in
1040+14 Table A until eighty total material samples of
1041+15 composted remains have met the requirements in Table
1042+16 A; or
1043+17 (iii) the Department of Public Health or local
1044+18 health department may require tests for additional
1045+19 parameters under paragraphs (2) and (3).
1046+20 (4) not release any human remains that exceed the
1047+21 limits identified in Table A; and
1048+22 (5) prepare, maintain, and provide upon request by the
1049+23 Department of Public Health or local health department, an
1050+24 annual report each calendar year. The annual report must
1051+25 detail the natural organic reduction facility's activities
1052+26 during the previous calendar year and must include the
10191053
10201054
10211055
10221056
10231057
1024- HB3158 Engrossed - 29 - LRB103 29928 CPF 56343 b
1058+ HB3158 - 29 - LRB103 29928 CPF 56343 b
10251059
10261060
1027-HB3158 Engrossed- 30 -LRB103 29928 CPF 56343 b HB3158 Engrossed - 30 - LRB103 29928 CPF 56343 b
1028- HB3158 Engrossed - 30 - LRB103 29928 CPF 56343 b
1029-1 (3).
1030-2 (4) not release any human remains that exceed the
1031-3 limits identified in Table A; and
1032-4 (5) prepare, maintain, and provide upon request by the
1033-5 Comptroller, Department of Public Health, or local health
1034-6 department, an annual report each calendar year. The
1035-7 annual report must detail the natural organic reduction
1036-8 facility's activities during the previous calendar year
1037-9 and must include the following information:
1038-10 (i) name and address of the natural organic
1039-11 reduction facility;
1040-12 (ii) calendar year covered by the report;
1041-13 (iii) annual quantity of reduced remains;
1042-14 (iv) results of any laboratory analyses of reduced
1043-15 remains, including an affirmation that the analysis
1044-16 was prepared in accordance with this subsection (k);
1045-17 and
1046-18 (v) any additional information required by the
1047-19 Comptroller, Illinois Department of Public Health, or
1048-20 the local health department.
1049-21 Table A: Testing Parameters
1050-2223Metals and other testing 24parameters Limit (mg/kg dry weight), unless otherwise specified 22 23 Metals and other testing 24 parameters Limit (mg/kg dry weight), unless otherwise specified
1051-22
1052-23 Metals and other testing
1053-24 parameters Limit (mg/kg dry weight), unless otherwise specified
1061+HB3158- 30 -LRB103 29928 CPF 56343 b HB3158 - 30 - LRB103 29928 CPF 56343 b
1062+ HB3158 - 30 - LRB103 29928 CPF 56343 b
1063+1 following information:
1064+2 (i) name and address of the natural organic
1065+3 reduction facility;
1066+4 (ii) calendar year covered by the report;
1067+5 (iii) annual quantity of composted remains;
1068+6 (iv) results of any laboratory analyses of
1069+7 composted remains; and
1070+8 (v) any additional information required by the
1071+9 Illinois Department of Public Health or the local
1072+10 health department.
1073+11 Table A: Testing Parameters
1074+1213Metals and other testing 14parameters Limit (mg/kg dry weight), unless otherwise specified15Fecal coliform16<1,000 Most probable number per gram of total solids (dry weight)17Salmonella18<3 Most probable number per 4 grams of total solids (dry weight)19Arsenic= 20 ppm20Cadmium= 10 ppm21Lead= 150 ppm22Mercury= 8 ppm23Selenium= 18 ppm 12 13 Metals and other testing 14 parameters Limit (mg/kg dry weight), unless otherwise specified 15 Fecal coliform 16 <1,000 Most probable number per gram of total solids (dry weight) 17 Salmonella 18 <3 Most probable number per 4 grams of total solids (dry weight) 19 Arsenic = 20 ppm 20 Cadmium = 10 ppm 21 Lead = 150 ppm 22 Mercury = 8 ppm 23 Selenium = 18 ppm
1075+12
1076+13 Metals and other testing
1077+14 parameters Limit (mg/kg dry weight), unless otherwise specified
1078+15 Fecal coliform
1079+16 <1,000 Most probable number per gram of total solids (dry weight)
1080+17 Salmonella
1081+18 <3 Most probable number per 4 grams of total solids (dry weight)
1082+19 Arsenic = 20 ppm
1083+20 Cadmium = 10 ppm
1084+21 Lead = 150 ppm
1085+22 Mercury = 8 ppm
1086+23 Selenium = 18 ppm
1087+24 (l) Upon the completion of each natural organic reduction,
10541088
10551089
10561090
10571091
10581092
1059- HB3158 Engrossed - 30 - LRB103 29928 CPF 56343 b
1093+ HB3158 - 30 - LRB103 29928 CPF 56343 b
10601094
10611095
1062-22
1063-23 Metals and other testing
1064-24 parameters Limit (mg/kg dry weight), unless otherwise specified
1096+12
1097+13 Metals and other testing
1098+14 parameters Limit (mg/kg dry weight), unless otherwise specified
1099+15 Fecal coliform
1100+16 <1,000 Most probable number per gram of total solids (dry weight)
1101+17 Salmonella
1102+18 <3 Most probable number per 4 grams of total solids (dry weight)
1103+19 Arsenic = 20 ppm
1104+20 Cadmium = 10 ppm
1105+21 Lead = 150 ppm
1106+22 Mercury = 8 ppm
1107+23 Selenium = 18 ppm
10651108
10661109
1067-HB3158 Engrossed- 31 -LRB103 29928 CPF 56343 b HB3158 Engrossed - 31 - LRB103 29928 CPF 56343 b
1068- HB3158 Engrossed - 31 - LRB103 29928 CPF 56343 b
1069-1Fecal coliform2<1,000 Most probable number per gram of total solids (dry weight)3Salmonella4<3 Most probable number per 4 grams of total solids (dry weight)5Arsenic= 20 ppm6Cadmium= 10 ppm7Lead= 150 ppm8Mercury= 8 ppm9Selenium= 18 ppm 1 Fecal coliform 2 <1,000 Most probable number per gram of total solids (dry weight) 3 Salmonella 4 <3 Most probable number per 4 grams of total solids (dry weight) 5 Arsenic = 20 ppm 6 Cadmium = 10 ppm 7 Lead = 150 ppm 8 Mercury = 8 ppm 9 Selenium = 18 ppm
1070-1 Fecal coliform
1071-2 <1,000 Most probable number per gram of total solids (dry weight)
1072-3 Salmonella
1073-4 <3 Most probable number per 4 grams of total solids (dry weight)
1074-5 Arsenic = 20 ppm
1075-6 Cadmium = 10 ppm
1076-7 Lead = 150 ppm
1077-8 Mercury = 8 ppm
1078-9 Selenium = 18 ppm
1079-10 (l) Upon the completion of each natural organic reduction,
1080-11 and insofar as is practicable, all of the recoverable residue
1081-12 of the reduction process shall be removed from the reduction
1082-13 chamber.
1083-14 (m) If all of the recovered reduced human remains will not
1084-15 fit within the receptacle that has been selected, the
1085-16 remainder of the reduced human remains shall be disposed of in
1086-17 accordance with subsection (i) of Section 55.
1087-18 (n) A disposition authority shall not knowingly represent
1088-19 to an authorizing agent or the agent's designee that a
1089-20 temporary container or urn contains the reduced remains of a
1090-21 specific decedent when it does not.
1091-22 (o) Reduced human remains shall be shipped only by a
1092-23 method that has an internal tracing system available and that
1093-24 provides a receipt signed by the person accepting delivery.
1110+HB3158- 31 -LRB103 29928 CPF 56343 b HB3158 - 31 - LRB103 29928 CPF 56343 b
1111+ HB3158 - 31 - LRB103 29928 CPF 56343 b
1112+1 and insofar as is practicable, all of the recoverable residue
1113+2 of the reduction process shall be removed from the reduction
1114+3 chamber.
1115+4 (m) If all of the recovered reduced human remains will not
1116+5 fit within the receptacle that has been selected, the
1117+6 remainder of the reduced human remains shall be disposed of in
1118+7 accordance with subsection (i) of Section 55.
1119+8 (n) A disposition authority shall not knowingly represent
1120+9 to an authorizing agent or the agent's designee that a
1121+10 temporary container or urn contains the reduced remains of a
1122+11 specific decedent when it does not.
1123+12 (o) Reduced human remains shall be shipped only by a
1124+13 method that has an internal tracing system available and that
1125+14 provides a receipt signed by the person accepting delivery.
1126+15 (p) A disposition authority shall maintain an
1127+16 identification system that shall ensure that it shall be able
1128+17 to identify the human remains in its possession throughout all
1129+18 phases of the natural organic reduction process.
1130+19 (q) A disposition authority shall not reduce via natural
1131+20 organic reduction the remains of those deemed ineligible in
1132+21 accordance with the list maintained by the Department of
1133+22 Public Health.
1134+23 Section 75. Disposition of reduced human remains.
1135+24 (a) The authorizing agent shall be responsible for the
1136+25 final disposition of the reduced human remains may be disposed
10941137
10951138
10961139
10971140
10981141
1099- HB3158 Engrossed - 31 - LRB103 29928 CPF 56343 b
1100-
1101-1 Fecal coliform
1102-2 <1,000 Most probable number per gram of total solids (dry weight)
1103-3 Salmonella
1104-4 <3 Most probable number per 4 grams of total solids (dry weight)
1105-5 Arsenic = 20 ppm
1106-6 Cadmium = 10 ppm
1107-7 Lead = 150 ppm
1108-8 Mercury = 8 ppm
1109-9 Selenium = 18 ppm
1142+ HB3158 - 31 - LRB103 29928 CPF 56343 b
11101143
11111144
1112-HB3158 Engrossed- 32 -LRB103 29928 CPF 56343 b HB3158 Engrossed - 32 - LRB103 29928 CPF 56343 b
1113- HB3158 Engrossed - 32 - LRB103 29928 CPF 56343 b
1114-1 (p) A disposition authority shall maintain an
1115-2 identification system that shall ensure that it shall be able
1116-3 to identify the human remains in its possession throughout all
1117-4 phases of the natural organic reduction process.
1118-5 (q) A disposition authority shall not reduce via natural
1119-6 organic reduction the remains required to be labeled as an
1120-7 infection hazard under 77 Ill. Adm. Code 690.1200(k).
1121-8 (r) In the case of an event where the health of the public
1122-9 may be at risk or there are signs at a facility of a potential
1123-10 health hazard, the Illinois Department of Public Health shall
1124-11 be consulted to assess the natural organic reduction facility.
1125-12 Section 75. Disposition of reduced human remains.
1126-13 (a) The authorizing agent shall be responsible for the
1127-14 final disposition of the reduced human remains. The reduced
1128-15 human remains may be disposed of by placing them in a grave,
1129-16 crypt, or niche or by scattering them in a scattering area as
1130-17 defined in this Act.
1131-18 (b) Reduced human remains may be integrated into the soil
1132-19 in an area where no local prohibition exists, provided that
1133-20 the reduced human remains are not distinguishable to the
1134-21 public, are not in a container, and that the person who has
1135-22 control over disposition of the reduced human remains has
1136-23 obtained written permission of the property owner or governing
1137-24 agency to integrate into soil on the property.
1138-25 (c) A State or local agency may adopt an ordinance,
1145+HB3158- 32 -LRB103 29928 CPF 56343 b HB3158 - 32 - LRB103 29928 CPF 56343 b
1146+ HB3158 - 32 - LRB103 29928 CPF 56343 b
1147+1 of by placing them in a grave, crypt, or niche or by scattering
1148+2 them in a scattering area as defined in this Act.
1149+3 (b) Reduced human remains may be integrated into the soil
1150+4 in an area where no local prohibition exists, provided that
1151+5 the reduced human remains are not distinguishable to the
1152+6 public, are not in a container, and that the person who has
1153+7 control over disposition of the reduced human remains has
1154+8 obtained written permission of the property owner or governing
1155+9 agency to integrate into soil on the property.
1156+10 (c) A State or local agency may adopt an ordinance,
1157+11 regulation, or policy, as appropriate, authorizing or
1158+12 specifically prohibiting the integration of reduced human
1159+13 remains into the soil on lands under the agency's
1160+14 jurisdiction. The integration into the soil of the reduced
1161+15 human remains of more than one person in one location pursuant
1162+16 to this section does not create a cemetery.
1163+17 (d) Upon the completion of the natural organic reduction
1164+18 process, and except as provided for in subparagraph (I) of
1165+19 paragraph (1) of subsection (a) of Section 55, if the
1166+20 disposition authority has not been instructed to arrange for
1167+21 the interment, entombment, inurnment, or scattering of the
1168+22 reduced human remains, the disposition authority shall deliver
1169+23 the reduced human remains to the individual specified on the
1170+24 natural organic reduction authorization form, or if no
1171+25 individual is specified then to the authorizing agent. The
1172+26 delivery may be made in person or by registered mail. Upon
11391173
11401174
11411175
11421176
11431177
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1178+ HB3158 - 32 - LRB103 29928 CPF 56343 b
11451179
11461180
1147-HB3158 Engrossed- 33 -LRB103 29928 CPF 56343 b HB3158 Engrossed - 33 - LRB103 29928 CPF 56343 b
1148- HB3158 Engrossed - 33 - LRB103 29928 CPF 56343 b
1149-1 regulation, or policy, as appropriate, authorizing or
1150-2 specifically prohibiting the integration of reduced human
1151-3 remains into the soil on lands under the agency's
1152-4 jurisdiction. The integration into the soil of the reduced
1153-5 human remains of more than one person in one location pursuant
1154-6 to this section does not create a cemetery.
1155-7 (d) Upon the completion of the natural organic reduction
1156-8 process, and except as provided for in subparagraph (I) of
1157-9 paragraph (1) of subsection (a) of Section 55, if the
1158-10 disposition authority has not been instructed to arrange for
1159-11 the interment, entombment, inurnment, or scattering of the
1160-12 reduced human remains, the disposition authority shall deliver
1161-13 the reduced human remains to the individual specified on the
1162-14 natural organic reduction authorization form or, if no
1163-15 individual is specified, then to the authorizing agent. Upon
1164-16 receipt of the reduced human remains, the individual receiving
1165-17 them may transport them in any manner in this State without a
1166-18 permit and may dispose of them in accordance with this
1167-19 Section. After delivery, the disposition authority shall be
1168-20 discharged from any legal obligation or liability concerning
1169-21 the reduced human remains.
1170-22 (e) If, after a period of 60 days from the date the natural
1171-23 organic reduction process is complete, the authorizing agent
1172-24 or the agent's designee has not instructed the disposition
1173-25 authority to arrange for the final disposition of the reduced
1174-26 human remains or claimed the reduced human remains, the
1181+HB3158- 33 -LRB103 29928 CPF 56343 b HB3158 - 33 - LRB103 29928 CPF 56343 b
1182+ HB3158 - 33 - LRB103 29928 CPF 56343 b
1183+1 receipt of the reduced human remains, the individual receiving
1184+2 them may transport them in any manner in this State without a
1185+3 permit and may dispose of them in accordance with this
1186+4 Section. After delivery, the disposition authority shall be
1187+5 discharged from any legal obligation or liability concerning
1188+6 the reduced human remains.
1189+7 (e) If, after a period of 60 days from the date the natural
1190+8 organic reduction process is complete, the authorizing agent
1191+9 or the agent's designee has not instructed the disposition
1192+10 authority to arrange for the final disposition of the reduced
1193+11 human remains or claimed the reduced human remains, the
1194+12 disposition authority may dispose of the reduced human remains
1195+13 in any manner permitted by this Section. The disposition
1196+14 authority, however, shall keep a permanent record identifying
1197+15 the site of final disposition. The authorizing agent shall be
1198+16 responsible for reimbursing the disposition authority for all
1199+17 reasonable expenses incurred in disposing of the reduced human
1200+18 remains. Upon disposing of the reduced human remains, the
1201+19 disposition authority shall be discharged from any legal
1202+20 obligation or liability concerning the reduced remains. Any
1203+21 person who was in possession of reduced remains prior to the
1204+22 effective date of this Act may dispose of them in accordance
1205+23 with this Section.
1206+24 (f) Except with the express written permission of the
1207+25 authorizing agent, no person shall:
1208+26 (1) dispose of reduced human remains in a manner or in
11751209
11761210
11771211
11781212
11791213
1180- HB3158 Engrossed - 33 - LRB103 29928 CPF 56343 b
1214+ HB3158 - 33 - LRB103 29928 CPF 56343 b
11811215
11821216
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1184- HB3158 Engrossed - 34 - LRB103 29928 CPF 56343 b
1185-1 disposition authority may dispose of the reduced human remains
1186-2 in any manner permitted by this Section. The disposition
1187-3 authority, however, shall keep a permanent record identifying
1188-4 the site of final disposition. The authorizing agent shall be
1189-5 responsible for reimbursing the disposition authority for all
1190-6 reasonable expenses incurred in disposing of the reduced human
1191-7 remains. Upon disposing of the reduced human remains, the
1192-8 disposition authority shall be discharged from any legal
1193-9 obligation or liability concerning the reduced remains. Any
1194-10 person who was in possession of reduced remains prior to the
1195-11 effective date of this Act may dispose of them in accordance
1196-12 with this Section.
1197-13 (f) Except with the express written permission of the
1198-14 authorizing agent, no person shall:
1199-15 (1) dispose of reduced human remains in a manner or in
1200-16 a location so that the reduced human remains are
1201-17 commingled with those of another person. This prohibition
1202-18 shall not apply to the scattering of reduced remains at
1203-19 sea, by air or in an area located in a dedicated cemetery
1204-20 or private property and used exclusively for those
1205-21 purposes; or
1206-22 (2) place reduced human remains of more than one
1207-23 person in the same temporary container or urn.
1208-24 (g) No person shall sell the soil resulting from reduced
1209-25 human remains for commercial purposes.
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1219+1 a location so that the reduced human remains are
1220+2 commingled with those of another person. This prohibition
1221+3 shall not apply to the scattering of reduced remains at
1222+4 sea, by air or in an area located in a dedicated cemetery
1223+5 or private property and used exclusively for those
1224+6 purposes; or
1225+7 (2) place reduced human remains of more than one
1226+8 person in the same temporary container or urn.
1227+9 (g) No person shall sell the soil resulting from reduced
1228+10 human remains for commercial purposes.
1229+11 Section 80. Limitation of liability.
1230+12 (a) A disposition authority that has received an executed
1231+13 natural organic reduction authorization form that complies
1232+14 with paragraph (1) of subsection (a) of Section 55 and has
1233+15 received any additional documentation required by Section 55
1234+16 shall not be liable for reducing the human remains designated
1235+17 by the natural organic reduction authorization form if the
1236+18 natural organic reduction is performed in accordance with this
1237+19 Act.
1238+20 (b) A disposition authority shall not be liable for
1239+21 refusing to accept human remains or to perform a natural
1240+22 organic reduction until it receives a court order or other
1241+23 suitable confirmation that a dispute has been settled, if:
1242+24 (1) it is aware of any dispute concerning the natural
1243+25 organic reduction of the human remains;
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1220-1 Section 80. Limitation of liability.
1221-2 (a) A disposition authority that has received an executed
1222-3 natural organic reduction authorization form that complies
1223-4 with paragraph (1) of subsection (a) of Section 55 and has
1224-5 received any additional documentation required by Section 55
1225-6 shall not be liable for reducing the human remains designated
1226-7 by the natural organic reduction authorization form if the
1227-8 natural organic reduction is performed in accordance with this
1228-9 Act.
1229-10 (b) A disposition authority shall not be liable for
1230-11 refusing to accept human remains or to perform a natural
1231-12 organic reduction until it receives a court order or other
1232-13 suitable confirmation that a dispute has been settled, if:
1233-14 (1) it is aware of any dispute concerning the natural
1234-15 organic reduction of the human remains;
1235-16 (2) it has a reasonable basis for questioning any of
1236-17 the representations made by the authorizing agent; or
1237-18 (3) it refuses to accept the human remains for any
1238-19 other lawful reason. This provision shall not be construed
1239-20 as placing any affirmative obligation, not otherwise
1240-21 required by law, on any disposition authority to accept
1241-22 any human remains for natural organic reduction.
1242-23 (c) No cemetery shall be liable for any reduced human
1243-24 remains that are dumped, scattered, or otherwise deposited on
1244-25 the cemetery in violation of this Act, if that action is taken
1245-26 without the cemetery's consent.
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1254+1 (2) it has a reasonable basis for questioning any of
1255+2 the representations made by the authorizing agent; or
1256+3 (3) it refuses to accept the human remains for any
1257+4 other lawful reason. This provision shall not be construed
1258+5 as placing any affirmative obligation, not otherwise
1259+6 required by law, on any disposition authority to accept
1260+7 any human remains for natural organic reduction.
1261+8 (c) No cemetery shall be liable for any reduced human
1262+9 remains that are dumped, scattered, or otherwise deposited on
1263+10 the cemetery in violation of this Act, if that action is taken
1264+11 without the cemetery's consent.
1265+12 (d) If a disposition authority is aware of any dispute
1266+13 concerning the release or disposition of the reduced human
1267+14 remains, the disposition authority may refuse to release the
1268+15 reduced human remains until the dispute has been resolved or
1269+16 the disposition authority has been provided with a court order
1270+17 directing the release or disposition of the reduced remains. A
1271+18 disposition authority shall not be liable for refusing to
1272+19 release or dispose of reduced human remains in accordance with
1273+20 this Section.
1274+21 (e) A disposition authority shall not be responsible or
1275+22 liable for any valuables delivered to the disposition
1276+23 authority with human remains, unless the disposition authority
1277+24 has received written instructions in accordance with paragraph
1278+25 (J) of paragraph (1) of subsection (a) of Section 55.
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1256-1 (d) If a disposition authority is aware of any dispute
1257-2 concerning the release or disposition of the reduced human
1258-3 remains, the disposition authority may refuse to release the
1259-4 reduced human remains until the dispute has been resolved or
1260-5 the disposition authority has been provided with a court order
1261-6 directing the release or disposition of the reduced remains. A
1262-7 disposition authority shall not be liable for refusing to
1263-8 release or dispose of reduced human remains in accordance with
1264-9 this Section.
1265-10 (e) A disposition authority shall not be responsible or
1266-11 liable for any valuables delivered to the disposition
1267-12 authority with human remains, unless the disposition authority
1268-13 has received written instructions in accordance with paragraph
1269-14 (J) of paragraph (1) of subsection (a) of Section 55.
1270-15 Section 85. Hazardous implants. If an authorizing agent
1271-16 informs the funeral director and the disposition authority on
1272-17 the natural organic reduction authorization form of the
1273-18 presence of hazardous implants in the human remains, then the
1274-19 funeral director shall be responsible for ensuring that all
1275-20 necessary steps have been taken to remove the hazardous
1276-21 implants before delivering the human remains to the natural
1277-22 organic reduction facility for natural organic reduction. The
1278-23 funeral director who delivers the human remains to the natural
1279-24 organic reduction facility fails to ensure that the hazardous
1280-25 implants have been removed from the human remains prior to
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1289+1 Section 85. Hazardous implants. If an authorizing agent
1290+2 informs the funeral director and the disposition authority on
1291+3 the natural organic reduction authorization form of the
1292+4 presence of hazardous implants in the human remains, then the
1293+5 funeral director shall be responsible for ensuring that all
1294+6 necessary steps have been taken to remove the hazardous
1295+7 implants before delivering the human remains to the natural
1296+8 organic reduction facility for natural organic reduction. The
1297+9 funeral director who delivers the human remains to the natural
1298+10 organic reduction facility fails to ensure that the hazardous
1299+11 implants have been removed from the human remains prior to
1300+12 delivery, and should the human remains be reduced, then the
1301+13 funeral director who delivered the human remains to the
1302+14 natural organic reduction facility and anyone else covered by
1303+15 this Section shall be liable for all resulting damages.
1304+16 Section 90. Penalties. Violations of this Act shall be
1305+17 punishable as follows:
1306+18 (1) Performing a natural organic reduction without
1307+19 receipt of a natural organic reduction authorization form
1308+20 signed, in either paper or electronic format, by an
1309+21 authorizing agent shall be a Class 4 felony.
1310+22 (2) Signing, in either paper or electronic format, a
1311+23 natural organic reduction authorization form with the
1312+24 actual knowledge that the form contains false or incorrect
1313+25 information shall be a Class 4 felony.
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1291-1 delivery, and should the human remains be reduced, then the
1292-2 funeral director who delivered the human remains to the
1293-3 natural organic reduction facility and anyone else covered by
1294-4 this Section shall be liable for all resulting damages.
1295-5 Section 90. Penalties. Violations of this Act shall be
1296-6 punishable as follows:
1297-7 (1) Performing a natural organic reduction without
1298-8 receipt of a natural organic reduction authorization form
1299-9 signed, in either paper or electronic format, by an
1300-10 authorizing agent shall be a Class 4 felony.
1301-11 (2) Signing, in either paper or electronic format, a
1302-12 natural organic reduction authorization form with the
1303-13 actual knowledge that the form contains false or incorrect
1304-14 information shall be a Class 4 felony.
1305-15 (3) A violation of any natural organic reduction
1306-16 procedure set forth in Section 70 shall be a Class 4
1307-17 felony.
1308-18 (4) Holding oneself out to the public as a disposition
1309-19 authority, or the operation of a building or structure
1310-20 within this State as a natural organic reduction facility,
1311-21 without being licensed under this Act, shall be a Class A
1312-22 misdemeanor.
1313-23 (5) Performance of natural organic reduction service
1314-24 by a person who has not completed a training program as
1315-25 defined in Section 60 of this Act shall be a Class A
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1324+1 (3) A violation of any natural organic reduction
1325+2 procedure set forth in Section 70 shall be a Class 4
1326+3 felony.
1327+4 (4) Holding oneself out to the public as a disposition
1328+5 authority, or the operation of a building or structure
1329+6 within this State as a natural organic reduction facility,
1330+7 without being licensed under this Act, shall be a Class A
1331+8 misdemeanor.
1332+9 (5) Performance of natural organic reduction service
1333+10 by a person who has not completed a training program as
1334+11 defined in Section 60 of this Act shall be a Class A
1335+12 misdemeanor.
1336+13 (6) Any person who intentionally violates a provision
1337+14 of this Act or a final order of the Comptroller is liable
1338+15 for a civil penalty not to exceed $5,000 per violation.
1339+16 (7) Any person who knowingly acts without proper legal
1340+17 authority and who willfully and knowingly destroys or
1341+18 damages the remains of a deceased human being or who
1342+19 desecrates human remains is guilty of a Class 3 felony.
1343+20 (8) A violation of any other provision of this Act
1344+21 shall be a Class B misdemeanor.
1345+22 Section 95. Failure to file annual report. Whenever a
1346+23 disposition authority refuses or neglects to file its annual
1347+24 report in violation of Section 20 of this Act or fails to
1348+25 otherwise comply with the requirements of this Act, the
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1326-1 misdemeanor.
1327-2 (6) Any person who intentionally violates a provision
1328-3 of this Act or a final order of the Comptroller is liable
1329-4 for a civil penalty not to exceed $5,000 per violation.
1330-5 (7) Any person who knowingly acts without proper legal
1331-6 authority and who willfully and knowingly destroys or
1332-7 damages the remains of a deceased human being or who
1333-8 desecrates human remains is guilty of a Class 3 felony.
1334-9 (8) A violation of any other provision of this Act
1335-10 shall be a Class B misdemeanor.
1336-11 Section 95. Failure to file annual report. Whenever a
1337-12 disposition authority refuses or neglects to file its annual
1338-13 report in violation of Section 20 of this Act or fails to
1339-14 otherwise comply with the requirements of this Act, the
1340-15 Comptroller shall impose a penalty as provided for by rule for
1341-16 each and every day the licensee remains delinquent in
1342-17 submitting the annual report. Such report shall be made under
1343-18 oath and shall be in a form determined by the Comptroller.
1344-19 Section 100. Injunctive action; cease and desist order.
1345-20 (a) If any person violates the provisions of this Act, the
1346-21 Comptroller, in the name of the People of the State, through
1347-22 the Attorney General or the State's Attorney of the county in
1348-23 which the violation is alleged to have occurred, may petition
1349-24 for an order enjoining the violation or for an order enforcing
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1359+1 Comptroller shall impose a penalty as provided for by rule for
1360+2 each and every day the licensee remains delinquent in
1361+3 submitting the annual report. Such report shall be made under
1362+4 oath and shall be in a form determined by the Comptroller.
1363+5 Section 100. Injunctive action; cease and desist order.
1364+6 (a) If any person violates the provisions of this Act, the
1365+7 Comptroller, in the name of the People of the State, through
1366+8 the Attorney General or the State's Attorney of the county in
1367+9 which the violation is alleged to have occurred, may petition
1368+10 for an order enjoining the violation or for an order enforcing
1369+11 compliance with this Act. Upon the filing of a verified
1370+12 petition, the court with appropriate jurisdiction may issue a
1371+13 temporary restraining order, without notice or bond, and may
1372+14 preliminarily and permanently enjoin the violation. If it is
1373+15 established that the person has violated or is violating the
1374+16 injunction, the court may punish the offender for contempt of
1375+17 court. Proceedings under this Section are in addition to, and
1376+18 not in lieu of, all other remedies and penalties provided by
1377+19 this Act.
1378+20 (b) Whenever, in the opinion of the Comptroller, a person
1379+21 violates any provision of this Act, the Comptroller may issue
1380+22 a rule to show cause why an order to cease and desist should
1381+23 not be entered against that person. The rule shall clearly set
1382+24 forth the grounds relied upon by the Comptroller and shall
1383+25 allow at least 7 days from the date of the rule to file an
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1360-1 compliance with this Act. Upon the filing of a verified
1361-2 petition, the court with appropriate jurisdiction may issue a
1362-3 temporary restraining order, without notice or bond, and may
1363-4 preliminarily and permanently enjoin the violation. If it is
1364-5 established that the person has violated or is violating the
1365-6 injunction, the court may punish the offender for contempt of
1366-7 court. Proceedings under this Section are in addition to, and
1367-8 not in lieu of, all other remedies and penalties provided by
1368-9 this Act.
1369-10 (b) Whenever, in the opinion of the Comptroller, a person
1370-11 violates any provision of this Act, the Comptroller may issue
1371-12 a rule to show cause why an order to cease and desist should
1372-13 not be entered against that person. The rule shall clearly set
1373-14 forth the grounds relied upon by the Comptroller and shall
1374-15 allow at least 7 days from the date of the rule to file an
1375-16 answer satisfactory to the Comptroller. Failure to answer to
1376-17 the satisfaction of the Comptroller shall cause an order to
1377-18 cease and desist to be issued.
1378-19 Section 105. Service of notice. Service by the Comptroller
1379-20 of any notice requiring a person to file a statement or report
1380-21 under this Act shall be made: (1) personally by delivery of a
1381-22 duly executed copy of the notice to the person to be served or,
1382-23 if that person is not a natural person, in the manner provided
1383-24 in the Civil Practice Law when a complaint is filed; or (2) by
1384-25 mailing by certified mail a duly executed copy of the notice to
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1394+1 answer satisfactory to the Comptroller. Failure to answer to
1395+2 the satisfaction of the Comptroller shall cause an order to
1396+3 cease and desist to be issued.
1397+4 Section 105. Service of notice. Service by the Comptroller
1398+5 of any notice requiring a person to file a statement or report
1399+6 under this Act shall be made: (1) personally by delivery of a
1400+7 duly executed copy of the notice to the person to be served or,
1401+8 if that person is not a natural person, in the manner provided
1402+9 in the Civil Practice Law when a complaint is filed; or (2) by
1403+10 mailing by certified mail a duly executed copy of the notice to
1404+11 the person at his or her address of record.
1405+12 Section 110. Investigations; notice and hearing. The
1406+13 Comptroller may at any time investigate the actions of any
1407+14 applicant or of any person, persons, or entity rendering or
1408+15 offering natural organic reduction services or any person or
1409+16 entity holding or claiming to hold a license as a licensed
1410+17 natural organic reduction facility. The Comptroller shall,
1411+18 before revoking, suspending, placing on probation,
1412+19 reprimanding, or taking any other disciplinary action under
1413+20 Section 11 of this Act, at least 30 days before the date set
1414+21 for the hearing: (i) notify the accused in writing of the
1415+22 charges made and the time and place for the hearing on the
1416+23 charges; (ii) direct the accused applicant or licensee to file
1417+24 a written answer to the charges with the Comptroller under
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1395-1 the person at his or her address of record.
1396-2 Section 110. Investigations; notice and hearing. The
1397-3 Comptroller may at any time investigate the actions of any
1398-4 applicant or of any person, persons, or entity rendering or
1399-5 offering natural organic reduction services or any person or
1400-6 entity holding or claiming to hold a license as a licensed
1401-7 natural organic reduction facility. The Comptroller shall,
1402-8 before revoking, suspending, placing on probation,
1403-9 reprimanding, or taking any other disciplinary action under
1404-10 Section 11 of this Act, at least 30 days before the date set
1405-11 for the hearing: (i) notify the accused in writing of the
1406-12 charges made and the time and place for the hearing on the
1407-13 charges; (ii) direct the accused applicant or licensee to file
1408-14 a written answer to the charges with the Comptroller under
1409-15 oath within 20 days after the service on the accused of the
1410-16 notice; and (iii) inform the accused that, if the accused
1411-17 fails to answer, default will be taken against the accused or
1412-18 that the accused's license may be suspended, revoked, placed
1413-19 on probationary status, or other disciplinary action taken
1414-20 with regard to the license, including limiting the scope,
1415-21 nature, or extent of the accused's practice, as the
1416-22 Comptroller may consider proper.
1417-23 At the time and place fixed in the notice, the Comptroller
1418-24 shall proceed to hear the charges and the parties, or their
1419-25 counsel shall be accorded ample opportunity to present any
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1428+1 oath within 20 days after the service on the accused of the
1429+2 notice; and (iii) inform the accused that, if the accused
1430+3 fails to answer, default will be taken against the accused or
1431+4 that the accused's license may be suspended, revoked, placed
1432+5 on probationary status, or other disciplinary action taken
1433+6 with regard to the license, including limiting the scope,
1434+7 nature, or extent of the accused's practice, as the
1435+8 Comptroller may consider proper.
1436+9 At the time and place fixed in the notice, the Comptroller
1437+10 shall proceed to hear the charges and the parties, or their
1438+11 counsel shall be accorded ample opportunity to present any
1439+12 pertinent statements, testimony, evidence, and arguments. The
1440+13 Comptroller shall have the authority to appoint an attorney
1441+14 duly licensed to practice law in the State to serve as the
1442+15 hearing officer in any disciplinary action with regard to a
1443+16 license. The hearing officer shall have full authority to
1444+17 conduct the hearing. The Comptroller may continue the hearing
1445+18 from time to time. In case the person, after receiving the
1446+19 notice, fails to file an answer, the person's license may, in
1447+20 the discretion of the Comptroller, be suspended, revoked,
1448+21 placed on probationary status, or the Comptroller may take
1449+22 whatever disciplinary action considered proper, including
1450+23 limiting the scope, nature, or extent of the person's practice
1451+24 or the imposition of a fine, without a hearing, if the act or
1452+25 acts charged constitute sufficient grounds for that action
1453+26 under this Act. The written notice may be served by personal
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1430-1 pertinent statements, testimony, evidence, and arguments. The
1431-2 Comptroller shall have the authority to appoint an attorney
1432-3 duly licensed to practice law in the State to serve as the
1433-4 hearing officer in any disciplinary action with regard to a
1434-5 license. The hearing officer shall have full authority to
1435-6 conduct the hearing. The Comptroller may continue the hearing
1436-7 from time to time. In case the person, after receiving the
1437-8 notice, fails to file an answer, the person's license may, in
1438-9 the discretion of the Comptroller, be suspended, revoked,
1439-10 placed on probationary status, or the Comptroller may take
1440-11 whatever disciplinary action considered proper, including
1441-12 limiting the scope, nature, or extent of the person's practice
1442-13 or the imposition of a fine, without a hearing, if the act or
1443-14 acts charged constitute sufficient grounds for that action
1444-15 under this Act. The written notice may be served by personal
1445-16 delivery or by certified mail to the address specified by the
1446-17 accused in the accused's last notification with the
1447-18 Comptroller.
1448-19 Section 115. Compelling testimony. Any circuit court, upon
1449-20 application of the Comptroller or designated hearing officer
1450-21 may enter an order requiring the attendance of witnesses and
1451-22 their testimony, and the production of documents, papers,
1452-23 files, books, and records in connection with any hearing or
1453-24 investigation. The court may compel obedience to its order by
1454-25 proceedings for contempt.
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1464+1 delivery or by certified mail to the address specified by the
1465+2 accused in the accused's last notification with the
1466+3 Comptroller.
1467+4 Section 115. Compelling testimony. Any circuit court, upon
1468+5 application of the Comptroller or designated hearing officer
1469+6 may enter an order requiring the attendance of witnesses and
1470+7 their testimony, and the production of documents, papers,
1471+8 files, books, and records in connection with any hearing or
1472+9 investigation. The court may compel obedience to its order by
1473+10 proceedings for contempt.
1474+11 Section 120. Administrative review; venue; certification
1475+12 of record; costs.
1476+13 (a) All final administrative decisions of the Comptroller
1477+14 are subject to judicial review under the Administrative Review
1478+15 Law and its rules. The term "administrative decision" is
1479+16 defined as in Section 3-101 of the Code of Civil Procedure.
1480+17 (b) Proceedings for judicial review shall be commenced in
1481+18 the circuit court of the county in which the party applying for
1482+19 review resides, but if the party is not a resident of Illinois,
1483+20 the venue shall be in Sangamon County.
1484+21 (c) The Comptroller shall not be required to certify any
1485+22 record of the court, file an answer in court, or to otherwise
1486+23 appear in any court in a judicial review proceeding unless and
1487+24 until the Comptroller has received from the plaintiff payment
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1465-1 Section 120. Administrative review; venue; certification
1466-2 of record; costs.
1467-3 (a) All final administrative decisions of the Comptroller
1468-4 are subject to judicial review under the Administrative Review
1469-5 Law and its rules. The term "administrative decision" is
1470-6 defined as in Section 3-101 of the Code of Civil Procedure.
1471-7 (b) Proceedings for judicial review shall be commenced in
1472-8 the circuit court of the county in which the party applying for
1473-9 review resides, but if the party is not a resident of Illinois,
1474-10 the venue shall be in Sangamon County.
1475-11 (c) The Comptroller shall not be required to certify any
1476-12 record of the court, file an answer in court, or to otherwise
1477-13 appear in any court in a judicial review proceeding unless and
1478-14 until the Comptroller has received from the plaintiff payment
1479-15 of the costs of furnishing and certifying the record, which
1480-16 costs shall be determined by the Comptroller. Failure on the
1481-17 part of the plaintiff to make such payment to the Comptroller
1482-18 is grounds for dismissal of the action.
1483-19 Section 125. Preneed of natural organic reduction
1484-20 arrangements.
1485-21 (a) Any person, or anyone who has legal authority to act on
1486-22 behalf of a person, on a preneed basis, may authorize the
1487-23 person's own natural organic reduction and the final
1488-24 disposition of the person's reduced remains by executing, as
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1498+1 of the costs of furnishing and certifying the record, which
1499+2 costs shall be determined by the Comptroller. Failure on the
1500+3 part of the plaintiff to make such payment to the Comptroller
1501+4 is grounds for dismissal of the action.
1502+5 Section 125. Preneed of natural organic reduction
1503+6 arrangements.
1504+7 (a) Any person, or anyone who has legal authority to act on
1505+8 behalf of a person, on a preneed basis, may authorize the
1506+9 person's own natural organic reduction and the final
1507+10 disposition of the person's reduced remains by executing, as
1508+11 the authorizing agent, a natural organic reduction
1509+12 authorization form on a preneed basis. A copy of this form
1510+13 shall be provided to the person. Any person shall have the
1511+14 right to transfer or cancel this authorization at any time
1512+15 prior to death by destroying the executed natural organic
1513+16 reduction authorization form and providing written notice to
1514+17 the disposition authority named in the preneed form.
1515+18 (b) Any natural organic authorization form that is being
1516+19 executed by an individual as the individual's own authorizing
1517+20 agent on a preneed basis shall contain the following
1518+21 disclosure, which shall be completed by the authorizing agent:
1519+22 "( ) I do not wish to allow any of my survivors the option
1520+23 of cancelling my natural organic reduction and selecting
1521+24 alternative arrangements, regardless of whether my survivors
1522+25 deem a change to be appropriate.
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1499-1 the authorizing agent, a natural organic reduction
1500-2 authorization form on a preneed basis. A copy of this form
1501-3 shall be provided to the person. Any person shall have the
1502-4 right to transfer or cancel this authorization at any time
1503-5 prior to death by destroying the executed natural organic
1504-6 reduction authorization form and providing written notice to
1505-7 the disposition authority named in the preneed form.
1506-8 (b) Any natural organic authorization form that is being
1507-9 executed by an individual as the individual's own authorizing
1508-10 agent on a preneed basis shall contain the following
1509-11 disclosure, which shall be completed by the authorizing agent:
1510-12 "( ) I do not wish to allow any of my survivors the option
1511-13 of cancelling my natural organic reduction and selecting
1512-14 alternative arrangements, regardless of whether my survivors
1513-15 deem a change to be appropriate.
1514-16 ( ) I wish to allow only the survivors whom I have
1515-17 designated below the option of cancelling my natural organic
1516-18 reduction and selecting alternative arrangements, if they deem
1517-19 a change to be appropriate."
1518-20 (c) Except as provided in subsection (b) of this Section,
1519-21 at the time of the death of a person who has executed, as the
1520-22 authorizing agent, a natural organic reduction authorization
1521-23 form on a preneed basis, any person in possession of an
1522-24 executed form and any person charged with making arrangements
1523-25 for the final disposition of the decedent who has knowledge of
1524-26 the existence of an executed form, shall use the person's best
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1533+1 ( ) I wish to allow only the survivors whom I have
1534+2 designated below the option of cancelling my natural organic
1535+3 reduction and selecting alternative arrangements, if they deem
1536+4 a change to be appropriate."
1537+5 (c) Except as provided in subsection (b) of this Section,
1538+6 at the time of the death of a person who has executed, as the
1539+7 authorizing agent, a natural organic reduction authorization
1540+8 form on a preneed basis, any person in possession of an
1541+9 executed form and any person charged with making arrangements
1542+10 for the final disposition of the decedent who has knowledge of
1543+11 the existence of an executed form, shall use the person's best
1544+12 efforts to ensure that the decedent is reduced and that the
1545+13 final disposition of the reduced human remains is in
1546+14 accordance with the instructions contained on the natural
1547+15 organic reduction authorization form. If a disposition
1548+16 authority (i) is in possession of a completed a natural
1549+17 organic reduction authorization form that was executed on a
1550+18 preneed basis, (ii) is in possession of the designated human
1551+19 remains, and (iii) has received payment for the natural
1552+20 organic reduction of the human remains and the final
1553+21 disposition of the reduced human remains or is otherwise
1554+22 assured of payment, then the disposition authority shall be
1555+23 required to reduced the human remains and dispose of the
1556+24 reduced human remains according to the instructions contained
1557+25 on the natural organic reduction authorization form and may do
1558+26 so without any liability.
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1535-1 efforts to ensure that the decedent is reduced and that the
1536-2 final disposition of the reduced human remains is in
1537-3 accordance with the instructions contained on the natural
1538-4 organic reduction authorization form. If a disposition
1539-5 authority (i) is in possession of a completed natural organic
1540-6 reduction authorization form that was executed on a preneed
1541-7 basis, (ii) is in possession of the designated human remains,
1542-8 and (iii) has received payment for the natural organic
1543-9 reduction of the human remains and the final disposition of
1544-10 the reduced human remains or is otherwise assured of payment,
1545-11 then the disposition authority shall be required to reduced
1546-12 the human remains and dispose of the reduced human remains
1547-13 according to the instructions contained on the natural organic
1548-14 reduction authorization form and may do so without any
1549-15 liability.
1550-16 (d) Any preneed contract sold by, or pre-need arrangements
1551-17 made with, a cemetery, funeral establishment, disposition
1552-18 authority, or any other party that includes a natural organic
1553-19 reduction shall specify the final disposition of the reduced
1554-20 human remains, in accordance with Section 75. If no different
1555-21 or inconsistent instructions are provided to the disposition
1556-22 authority by the authorizing agent at the time of death, the
1557-23 disposition authority shall be authorized to release or
1558-24 dispose of the reduced human remains as indicated in the
1559-25 preneed agreement. Upon compliance with the terms of the
1560-26 preneed agreement, the disposition authority shall be
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1569+1 (d) Any preneed contract sold by, or pre-need arrangements
1570+2 made with, a cemetery, funeral establishment, disposition
1571+3 authority, or any other party that includes a natural organic
1572+4 reduction shall specify the final disposition of the reduced
1573+5 human remains, in accordance with Section 75. If no different
1574+6 or inconsistent instructions are provided to the disposition
1575+7 authority by the authorizing agent at the time of death, the
1576+8 disposition authority shall be authorized to release or
1577+9 dispose of the reduced human remains as indicated in the
1578+10 preneed agreement. Upon compliance with the terms of the
1579+11 preneed agreement, the disposition authority shall be
1580+12 discharged from any legal obligation concerning the reduced
1581+13 human remains. The preneed agreement shall be kept as a
1582+14 permanent record by the disposition authority.
1583+15 (e) This Section shall not apply to any natural organic
1584+16 reduction authorization form or preneed contract executed
1585+17 prior to the effective date of this Act. Any cemetery, funeral
1586+18 establishment, disposition authority, or other party, however,
1587+19 with the written approval of the authorizing agent or person
1588+20 who executed the preneed contract, may designate that the
1589+21 natural organic reduction authorization form or preneed
1590+22 contract shall be subject to this Act.
1591+23 Section 130. Employment of funeral director by a
1592+24 disposition authority.
1593+25 (a) A disposition authority shall be permitted to enter
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1571-1 discharged from any legal obligation concerning the reduced
1572-2 human remains. The preneed agreement shall be kept as a
1573-3 permanent record by the disposition authority.
1574-4 (e) This Section shall not apply to any natural organic
1575-5 reduction authorization form or preneed contract executed
1576-6 prior to the effective date of this Act. Any cemetery, funeral
1577-7 establishment, disposition authority, or other party, however,
1578-8 with the written approval of the authorizing agent or person
1579-9 who executed the preneed contract, may designate that the
1580-10 natural organic reduction authorization form or preneed
1581-11 contract shall be subject to this Act.
1582-12 Section 130. Employment of funeral director by a
1583-13 disposition authority.
1584-14 (a) A disposition authority shall be permitted to enter
1585-15 into a contract with a funeral director or funeral business
1586-16 for the purpose of arranging natural organic reduction on an
1587-17 at-need basis with the general public, transporting human
1588-18 remains to the natural organic reduction facility, and
1589-19 processing all necessary paperwork.
1590-20 (b) No aspect of this Act shall be construed to require a
1591-21 licensed funeral director to perform any functions not
1592-22 otherwise required by law to be performed by a licensed
1593-23 funeral director.
1594-24 Section 135. Scope of Act. This Act shall be construed and
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1604+1 into a contract with a funeral director or funeral business
1605+2 for the purpose of arranging natural organic reduction on an
1606+3 at-need basis with the general public, transporting human
1607+4 remains to the natural organic reduction facility, and
1608+5 processing all necessary paperwork.
1609+6 (b) No aspect of this Act shall be construed to require a
1610+7 licensed funeral director to perform any functions not
1611+8 otherwise required by law to be performed by a licensed
1612+9 funeral director.
1613+10 Section 135. Scope of Act. This Act shall be construed and
1614+11 interpreted as a comprehensive natural organic reduction
1615+12 statute, and the provisions of this Act shall take precedence
1616+13 over any existing laws containing provisions applicable to
1617+14 natural organic reduction, but that do not specifically or
1618+15 comprehensively address natural organic reduction.
1619+16 Section 140. Record of proceedings; transcript. The
1620+17 Comptroller, at its expense, shall preserve a record of all
1621+18 proceedings at the formal hearing of any case. Any notice of
1622+19 hearing, complaint, all other documents in the nature of
1623+20 pleadings, written motions filed in the proceedings, the
1624+21 transcripts of testimony, the report of the hearing officer,
1625+22 and orders of the Comptroller shall be in the record of the
1626+23 proceeding. The Comptroller shall furnish a transcript of such
1627+24 record to any person interested in such hearing upon payment
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1605-1 interpreted as a comprehensive natural organic reduction
1606-2 statute, and the provisions of this Act shall take precedence
1607-3 over any existing laws containing provisions applicable to
1608-4 natural organic reduction, but that do not specifically or
1609-5 comprehensively address natural organic reduction.
1610-6 Section 140. Record of proceedings; transcript. The
1611-7 Comptroller, at its expense, shall preserve a record of all
1612-8 proceedings at the formal hearing of any case. Any notice of
1613-9 hearing, complaint, all other documents in the nature of
1614-10 pleadings, written motions filed in the proceedings, the
1615-11 transcripts of testimony, the report of the hearing officer,
1616-12 and orders of the Comptroller shall be in the record of the
1617-13 proceeding. The Comptroller shall furnish a transcript of such
1618-14 record to any person interested in such hearing upon payment
1619-15 of a reasonable fee.
1620-16 Section 145. Subpoenas; depositions; oaths. The
1621-17 Comptroller has the power to subpoena documents, books,
1622-18 records or other materials and to bring before it any person
1623-19 and to take testimony either orally or by deposition, or both,
1624-20 with the same fees and mileage and in the same manner as
1625-21 prescribed in civil cases in the courts of this State. The
1626-22 Comptroller, the designated hearing officer, or any qualified
1627-23 person the Comptroller may designate has the power to
1628-24 administer oaths to witnesses at any hearing that the
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1638+1 of a reasonable fee.
1639+2 Section 145. Subpoenas; depositions; oaths. The
1640+3 Comptroller has the power to subpoena documents, books,
1641+4 records or other materials and to bring before it any person
1642+5 and to take testimony either orally or by deposition, or both,
1643+6 with the same fees and mileage and in the same manner as
1644+7 prescribed in civil cases in the courts of this State. The
1645+8 Comptroller, the designated hearing officer, or any qualified
1646+9 person the Comptroller may designate has the power to
1647+10 administer oaths to witnesses at any hearing that the
1648+11 Comptroller is authorized to conduct, and any other oaths
1649+12 authorized in any Act administered by the Comptroller. Every
1650+13 person having taken an oath or affirmation in any proceeding
1651+14 or matter wherein an oath is required by this Act, who shall
1652+15 swear willfully, corruptly and falsely in a matter material to
1653+16 the issue or point in question, or shall suborn any other
1654+17 person to swear as aforesaid, shall be guilty of perjury or
1655+18 subornation of perjury, as the case may be and shall be
1656+19 punished as provided by State law relative to perjury and
1657+20 subornation of perjury.
1658+21 Section 150. Findings and recommendations. At the
1659+22 conclusion of the hearing, the hearing officer shall present
1660+23 to the Comptroller a written report of its findings of fact,
1661+24 conclusions of law, and recommendations. The report shall
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1639-1 Comptroller is authorized to conduct, and any other oaths
1640-2 authorized in any Act administered by the Comptroller. Every
1641-3 person having taken an oath or affirmation in any proceeding
1642-4 or matter wherein an oath is required by this Act, who shall
1643-5 swear willfully, corruptly and falsely in a matter material to
1644-6 the issue or point in question, or shall suborn any other
1645-7 person to swear as aforesaid, shall be guilty of perjury or
1646-8 subornation of perjury, as the case may be and shall be
1647-9 punished as provided by State law relative to perjury and
1648-10 subornation of perjury.
1649-11 Section 150. Findings and recommendations. At the
1650-12 conclusion of the hearing, the hearing officer shall present
1651-13 to the Comptroller a written report of its findings of fact,
1652-14 conclusions of law, and recommendations. The report shall
1653-15 contain a finding whether or not the accused person violated
1654-16 this Act or its rules or failed to comply with the conditions
1655-17 required in this Act or its rules. The hearing officer shall
1656-18 specify the nature of any violations or failure to comply and
1657-19 shall make recommendations to the Comptroller. In making
1658-20 recommendations for any disciplinary actions, the hearing
1659-21 officer may take into consideration all facts and
1660-22 circumstances bearing upon the reasonableness of the conduct
1661-23 of the accused and the potential for future harm to the public,
1662-24 including but not limited to, previous discipline of the
1663-25 accused by the Comptroller, intent, degree of harm to the
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1672+1 contain a finding whether or not the accused person violated
1673+2 this Act or its rules or failed to comply with the conditions
1674+3 required in this Act or its rules. The hearing officer shall
1675+4 specify the nature of any violations or failure to comply and
1676+5 shall make recommendations to the Comptroller. In making
1677+6 recommendations for any disciplinary actions, the hearing
1678+7 officer may take into consideration all facts and
1679+8 circumstances bearing upon the reasonableness of the conduct
1680+9 of the accused and the potential for future harm to the public,
1681+10 including but not limited to, previous discipline of the
1682+11 accused by the Comptroller, intent, degree of harm to the
1683+12 public and likelihood of harm in the future, any restitution
1684+13 made by the accused, and whether the incident or incidents
1685+14 contained in the complaint appear to be isolated or represent
1686+15 a continuing pattern of conduct. In making its recommendations
1687+16 for discipline, the hearing officer shall endeavor to ensure
1688+17 that the severity of the discipline recommended is reasonably
1689+18 related to the severity of the violation. The report of
1690+19 findings of fact, conclusions of law, and recommendation of
1691+20 the hearing officer shall be the basis for the Comptroller's
1692+21 order refusing to issue, restore, place on probation, fine,
1693+22 suspend, revoke a license, or otherwise disciplining a
1694+23 licensee. If the Comptroller disagrees with the
1695+24 recommendations of the hearing officer, the Comptroller may
1696+25 issue an order in contravention of the hearing officer's
1697+26 recommendations. The finding is not admissible in evidence
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1674-1 public and likelihood of harm in the future, any restitution
1675-2 made by the accused, and whether the incident or incidents
1676-3 contained in the complaint appear to be isolated or represent
1677-4 a continuing pattern of conduct. In making its recommendations
1678-5 for discipline, the hearing officer shall endeavor to ensure
1679-6 that the severity of the discipline recommended is reasonably
1680-7 related to the severity of the violation. The report of
1681-8 findings of fact, conclusions of law, and recommendation of
1682-9 the hearing officer shall be the basis for the Comptroller's
1683-10 order refusing to issue, restore, place on probation, fine,
1684-11 suspend, revoke a license, or otherwise disciplining a
1685-12 licensee. If the Comptroller disagrees with the
1686-13 recommendations of the hearing officer, the Comptroller may
1687-14 issue an order in contravention of the hearing officer's
1688-15 recommendations. The finding is not admissible in evidence
1689-16 against the person in a criminal prosecution brought for a
1690-17 violation of this Act, but the hearing and finding are not a
1691-18 bar to a criminal prosecution brought for a violation of this
1692-19 Act.
1693-20 Section 155. Rehearing. At the conclusion of the hearing,
1694-21 a copy of the hearing officer's report shall be served upon the
1695-22 applicant or licensee by the Comptroller, either personally or
1696-23 as provided in this Act. Within 20 days after service, the
1697-24 applicant or licensee may present to the Comptroller a motion
1698-25 in writing for a rehearing, which shall specify the particular
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1708+1 against the person in a criminal prosecution brought for a
1709+2 violation of this Act, but the hearing and finding are not a
1710+3 bar to a criminal prosecution brought for a violation of this
1711+4 Act.
1712+5 Section 155. Rehearing. At the conclusion of the hearing,
1713+6 a copy of the hearing officer's report shall be served upon the
1714+7 applicant or licensee by the Comptroller, either personally or
1715+8 as provided in this Act. Within 20 days after service, the
1716+9 applicant or licensee may present to the Comptroller a motion
1717+10 in writing for a rehearing, which shall specify the particular
1718+11 grounds for rehearing. The Comptroller may respond to the
1719+12 motion for rehearing within 20 days after its service on the
1720+13 Comptroller. If no motion for rehearing is filed, then upon
1721+14 the expiration of the time specified for filing such a motion,
1722+15 or if a motion for rehearing is denied, then upon denial, the
1723+16 Comptroller may enter an order in accordance with
1724+17 recommendations of the hearing officer except as provided in
1725+18 Section 160 of this Act.
1726+19 If the applicant or licensee orders from the reporting
1727+20 service and pays for a transcript of the record within the time
1728+21 for filing a motion for rehearing, the 20-day period within
1729+22 which a motion may be filed shall commence upon the delivery of
1730+23 the transcript to the applicant or licensee.
1731+24 Section 160. Comptroller; rehearing. Whenever the
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1709-1 grounds for rehearing. The Comptroller may respond to the
1710-2 motion for rehearing within 20 days after its service on the
1711-3 Comptroller. If no motion for rehearing is filed, then upon
1712-4 the expiration of the time specified for filing such a motion,
1713-5 or if a motion for rehearing is denied, then upon denial, the
1714-6 Comptroller may enter an order in accordance with
1715-7 recommendations of the hearing officer except as provided in
1716-8 Section 160 of this Act.
1717-9 If the applicant or licensee orders from the reporting
1718-10 service and pays for a transcript of the record within the time
1719-11 for filing a motion for rehearing, the 20-day period within
1720-12 which a motion may be filed shall commence upon the delivery of
1721-13 the transcript to the applicant or licensee.
1722-14 Section 160. Comptroller; rehearing. Whenever the
1723-15 Comptroller believes that substantial justice has not been
1724-16 done in the revocation, suspension, or refusal to issue or
1725-17 restore a license or other discipline of an applicant or
1726-18 licensee, he or she may order a rehearing by the same or other
1727-19 hearing officers.
1728-20 Section 165. Order or certified copy; prima facie proof.
1729-21 An order or certified copy thereof, over the seal of the
1730-22 Comptroller and purporting to be signed by the Comptroller, is
1731-23 prima facie proof that:
1732-24 (1) the signature is the genuine signature of the
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1742+1 Comptroller believes that substantial justice has not been
1743+2 done in the revocation, suspension, or refusal to issue or
1744+3 restore a license or other discipline of an applicant or
1745+4 licensee, he or she may order a rehearing by the same or other
1746+5 hearing officers.
1747+6 Section 165. Order or certified copy; prima facie proof.
1748+7 An order or certified copy thereof, over the seal of the
1749+8 Comptroller and purporting to be signed by the Comptroller, is
1750+9 prima facie proof that:
1751+10 (1) the signature is the genuine signature of the
1752+11 Comptroller;
1753+12 (2) the Comptroller is duly appointed and qualified;
1754+13 and
1755+14 (3) the hearing officer is qualified to act.
1756+15 Section 170. Civil action and civil penalties. In addition
1757+16 to the other penalties and remedies provided in this Act, the
1758+17 Comptroller may bring a civil action in the county of
1759+18 residence of the licensee or any other person to enjoin any
1760+19 violation or threatened violation of this Act. In addition to
1761+20 any other penalty provided by law, any person who violates
1762+21 this Act shall forfeit and pay a civil penalty to the
1763+22 Comptroller in an amount not to exceed $5,000 for each
1764+23 violation as determined by the Comptroller. The civil penalty
1765+24 shall be assessed by the Comptroller in accordance with the
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1743-1 Comptroller;
1744-2 (2) the Comptroller is duly appointed and qualified;
1745-3 and
1746-4 (3) the hearing officer is qualified to act.
1747-5 Section 170. Civil action and civil penalties. In addition
1748-6 to the other penalties and remedies provided in this Act, the
1749-7 Comptroller may bring a civil action in the county of
1750-8 residence of the licensee or any other person to enjoin any
1751-9 violation or threatened violation of this Act. In addition to
1752-10 any other penalty provided by law, any person who violates
1753-11 this Act shall forfeit and pay a civil penalty to the
1754-12 Comptroller in an amount not to exceed $5,000 for each
1755-13 violation as determined by the Comptroller. The civil penalty
1756-14 shall be assessed by the Comptroller in accordance with the
1757-15 provisions of this Act.
1758-16 Any civil penalty shall be paid within 60 days after the
1759-17 effective date of the order imposing the civil penalty. The
1760-18 order shall constitute a judgment and may be filed and
1761-19 execution had thereon in the same manner as any judgment from
1762-20 any court of record. All moneys collected under this Section
1763-21 shall be deposited with the Comptroller.
1764-22 Section 175. Consent order. At any point in any
1765-23 investigation or disciplinary proceedings as provided in this
1766-24 Act, both parties may agree to a negotiated consent order. The
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1776+1 provisions of this Act.
1777+2 Any civil penalty shall be paid within 60 days after the
1778+3 effective date of the order imposing the civil penalty. The
1779+4 order shall constitute a judgment and may be filed and
1780+5 execution had thereon in the same manner as any judgment from
1781+6 any court of record. All moneys collected under this Section
1782+7 shall be deposited with the Comptroller.
1783+8 Section 175. Consent order. At any point in any
1784+9 investigation or disciplinary proceedings as provided in this
1785+10 Act, both parties may agree to a negotiated consent order. The
1786+11 consent order shall be final upon signature of the
1787+12 Comptroller.
1788+13 Section 180. Illinois Administrative Procedure Act;
1789+14 application. The Illinois Administrative Procedure Act is
1790+15 expressly adopted and incorporated in this Act as if all of the
1791+16 provisions of that Act were included in this Act, except that
1792+17 the provision of paragraph (d) of Section 10-65 of the
1793+18 Illinois Administrative Procedure Act, which provides that at
1794+19 hearings the licensee has the right to show compliance with
1795+20 all lawful requirements for retention or continuation of the
1796+21 license, is specifically excluded. For the purpose of this
1797+22 Act, the notice required under Section 10-25 of the Illinois
1798+23 Administrative Procedure Act is considered sufficient when
1799+24 mailed to the address of record.
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1777-1 consent order shall be final upon signature of the
1778-2 Comptroller.
1779-3 Section 180. Illinois Administrative Procedure Act;
1780-4 application. The Illinois Administrative Procedure Act is
1781-5 expressly adopted and incorporated in this Act as if all of the
1782-6 provisions of that Act were included in this Act, except that
1783-7 the provision of paragraph (d) of Section 10-65 of the
1784-8 Illinois Administrative Procedure Act, which provides that at
1785-9 hearings the licensee has the right to show compliance with
1786-10 all lawful requirements for retention or continuation of the
1787-11 license, is specifically excluded. For the purpose of this
1788-12 Act, the notice required under Section 10-25 of the Illinois
1789-13 Administrative Procedure Act is considered sufficient when
1790-14 mailed to the address of record.
1791-15 Section 185. Summary suspension of a license. The
1792-16 Comptroller may summarily suspend a license of a licensed
1793-17 natural organic reduction facility without a hearing,
1794-18 simultaneously with the institution of proceedings for a
1795-19 hearing provided for in this Act, if the Comptroller finds
1796-20 that evidence in the Comptroller's possession indicates that
1797-21 the licensee's continued practice would constitute an imminent
1798-22 danger to the public. If the Comptroller summarily suspends
1799-23 the license of a licensed natural organic reduction facility
1800-24 without a hearing, a hearing must be commenced within 30 days
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1810+1 Section 185. Summary suspension of a license. The
1811+2 Comptroller may summarily suspend a license of a licensed
1812+3 natural organic reduction facility without a hearing,
1813+4 simultaneously with the institution of proceedings for a
1814+5 hearing provided for in this Act, if the Comptroller finds
1815+6 that evidence in the Comptroller's possession indicates that
1816+7 the licensee's continued practice would constitute an imminent
1817+8 danger to the public. If the Comptroller summarily suspends
1818+9 the license of a licensed natural organic reduction facility
1819+10 without a hearing, a hearing must be commenced within 30 days
1820+11 after the suspension has occurred and concluded as
1821+12 expeditiously as practical. In the event of a summary
1822+13 suspension, the county coroner or medical examiner responsible
1823+14 for the area where the natural organic reduction facility is
1824+15 located shall make arrangements to dispose of any bodies in
1825+16 the suspended licensee's possession after consulting with the
1826+17 authorizing agents for those bodies.
1827+18 Section 190. Home rule. The regulation of natural organic
1828+19 reduction facilities and disposition authorities as set forth
1829+20 in this Act is an exclusive power and function of the State. A
1830+21 home rule unit may not regulate natural organic reduction
1831+22 facilities or disposition authorities. This Section is a
1832+23 denial and limitation of home rule powers and functions under
1833+24 subsection (h) of Section 6 of Article VII of the Illinois
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1811-1 after the suspension has occurred and concluded as
1812-2 expeditiously as practical. In the event of a summary
1813-3 suspension, the county coroner or medical examiner responsible
1814-4 for the area where the natural organic reduction facility is
1815-5 located shall make arrangements to dispose of any bodies in
1816-6 the suspended licensee's possession after consulting with the
1817-7 authorizing agents for those bodies.
1818-8 Section 99. Effective date. This Act takes effect January
1819-9 1, 2025.
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1844+1 Constitution.
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