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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Natural Organic Reduction Regulation Act.
6 Section 5. Legislative intent. The practice of natural
7 organic reduction in the State is declared to be a practice
8 affecting the public health, safety, and welfare and subject
9 to regulation and control in the public interest. It is
10 further declared to be a matter of public interest and concern
11 that the preparation, care, and final disposition of a
12 deceased human body be attended with appropriate observance
13 and understanding, having due regard and respect for the
14 reverent care of the human body and for those bereaved and the
15 overall spiritual dignity of the human. It is further a matter
16 of public interest that the practice of natural organic
17 reduction, as defined in this Act, be done only by qualified
18 persons authorized by this Act. This Act shall be liberally
19 construed to best carry out these subjects and purposes.
20 Section 10. Definitions. As used in this Act:
21 "Address of record" means the designated address recorded
22 by the Comptroller in the applicant's or licensee's
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1 application file or license file. The address of record shall
2 be the permanent street address of the natural organic
3 reduction facility.
4 "Alternative container" means a receptacle or
5 biodegradable external wrapping, other than a casket, in which
6 human remains are transported to the natural organic reduction
7 facility. An alternative container shall be: (i) able to be
8 closed in order to provide a complete covering for the human
9 remains; (ii) resistant to leakage or spillage; (iii) rigid
10 enough for handling with ease; and (iv) able to provide
11 protection for the health, safety, and personal integrity of
12 the natural organic reduction facilities personnel.
13 "Authorizing agent" means a person legally entitled to
14 order the natural organic reduction and final disposition of
15 specific human remains. "Authorizing agent" includes an
16 institution of medical, mortuary, or other sciences as
17 provided in Section 20 of the Disposition of Remains of the
18 Indigent Act.
19 "Body parts" means limbs or other portions of the anatomy
20 that are removed from a person or human remains for medical
21 purposes during treatment, surgery, biopsy, autopsy, or
22 medical research or human bodies or any portion of bodies that
23 have been donated to science for medical research purposes.
24 "Burial transit permit" means a permit for disposition of
25 a dead human body as required by State law.
26 "Casket" means a ridged container that is designed for the
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1 encasement of human remains. A casket is usually constructed
2 of wood, metal, or like material and ornamented and lined with
3 fabric, and may or may not be combustible.
4 "Comptroller" means the Comptroller of the State.
5 "Disposition authority" means the legal entity which is
6 licensed by the Comptroller to operate a natural organic
7 reduction facility and to perform natural organic reductions.
8 "Final disposition" means the burial, cremation, natural
9 organic reduction, or other disposition of human remains or
10 parts of human remains.
11 "Funeral director" means a person known by the title of
12 "funeral director", "funeral director and embalmer", or other
13 similar words or titles licensed by the State to practice
14 funeral directing or funeral directing and embalming.
15 "Funeral establishment" means a building or separate
16 portion of a building having a specific street address and
17 location and devoted to activities relating to the shelter,
18 care, custody, and preparation of a deceased human body and
19 may contain facilities for funeral or wake services.
20 "Holding facility" means an area that: (i) is designated
21 for the retention of human remains prior to natural organic
22 reduction; (ii) complies with all applicable public health
23 law; (iii) preserves the health and safety of the natural
24 organic reduction facilities personnel; and (iv) is secure
25 from access by anyone other than authorized persons. A holding
26 facility may be located in the natural organic reduction room,
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1 consistent with the refrigeration requirements of this Act.
2 "Human remains" means the body of a deceased person,
3 including any form of body prosthesis that has been
4 permanently attached or implanted in the body.
5 "Integrate into the soil" means the authorized addition
6 and mixing of reduced human remains with existing soil in a
7 defined area within a dedicated cemetery, conservation area,
8 property where the person who has control over the disposition
9 of the reduced human remains has obtained written permission
10 of the property owner.
11 "Licensee" means an entity licensed under this Act. An
12 entity that holds itself as a licensee or that is accused of
13 unlicensed practice is considered a licensee for purposes of
14 enforcement, investigation, hearings, and the Illinois
15 Administrative Procedure Act.
16 "Natural organic reduction" means the process of
17 transforming a human body into soil using the natural
18 decomposition process, accelerated with the addition of
19 organic materials through the following steps:
20 (1) The body of a deceased person is mixed together
21 with natural materials and air and is periodically turned,
22 eventually resulting in the body's reduction to a soil
23 material.
24 (2) Large tanks, containers, or similar vessels hold
25 human remains together with straw, wood chips, or other
26 natural materials until the process is complete. Any such
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1 tank, container, or similar vessel shall be stainless
2 steel, leakproof, promote aerobic reduction and provide
3 for continuous monitoring of the natural organic reduction
4 process.
5 (3) The processing of the remains after removal from
6 the reduction chamber.
7 "Natural organic reduction authorization" means the
8 natural organic reduction form authorizing a natural organic
9 reduction which is signed by the next of kin or authorizing
10 agent. This natural organic reduction form must be a separate
11 document and cannot be a part of another form or document.
12 "Natural organic reduction facility" means the building or
13 portions of a building that houses the natural organic
14 reduction room and the holding facility. The facility shall
15 have a ventilation system that ventilates from the tank,
16 container, or similar vessel to a biofiltration system.
17 "Natural organic reduction room" means the room in which
18 the reduction chambers are located.
19 "Niche" means a compartment or cubicle for the
20 memorialization and permanent placement of an urn containing
21 reduced remains.
22 "Person" means any person, partnership, association,
23 corporation, limited liability company, or other entity, and
24 in the case of any such business organization, its officers,
25 partners, members, or shareholders possessing 25% or more of
26 ownership of the entity.
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1 "Processing" means the removal of foreign objects as well
2 as, but not limited to, grinding, crushing, and pulverizing of
3 the remaining teeth and bones for the reduced human remains to
4 be integrated into the soil.
5 "Pulverization" means the reduction of identifiable bone
6 fragments after the completion of the natural organic
7 reduction process to granulated particles by manual or
8 mechanical means.
9 "Reduction chamber" means the enclosed space within which
10 individual human remains are reduced and any other attached,
11 non-enclosed, mechanical components that are necessary for the
12 safe and proper functioning of the equipment. A reduction
13 chamber shall meet or exceed the requirements set by the
14 federal Centers for Disease Control and Prevention for
15 destruction of human pathogens.
16 "Reduced human remains" means the remains of a human body
17 that have been reduced to soil through a process of reduction.
18 "Reduced human remains" does not include foreign materials,
19 pacemakers, or prostheses.
20 "Reduced remains interment container" means a rigid outer
21 container that is subject to a cemetery's rules and
22 regulations.
23 "Scattering area" means an area which may be designated by
24 a cemetery and located on dedicated cemetery property, or an
25 area designated as a scattering area on private land or a
26 privately owned nature preserve where reduced human remains,
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1 which have been removed from the container, can be mixed with,
2 or placed on top of, the soil or ground cover.
3 "Temporary container" means a receptacle for reduced human
4 remains, usually composed of cardboard, plastic or similar
5 material, that can be closed in a manner that prevents the
6 leakage or spillage of the reduced human remains or the
7 entrance of foreign material and is a single container of
8 sufficient size to hold the reduced human remains until an urn
9 is acquired, or the reduced human remains are scattered.
10 "Urn" means a receptacle designed to encase a portion of
11 the reduced human remains.
12 Section 15. Powers and duties of the Comptroller. Subject
13 to the provisions of this Act, the Comptroller may exercise
14 any of the following powers and duties:
15 (1) authorize standards to ascertain the
16 qualifications and fitness of applicants for licensing as
17 licensed natural organic reduction authorities and pass
18 upon the qualifications of applicants for licensure;
19 (2) examine and audit a licensed disposition
20 authority's record, natural organic reduction facility, or
21 any other aspects of the natural organic reduction
22 operations as the Comptroller deems appropriate;
23 (3) investigate any and all unlicensed activity;
24 (4) conduct hearings on proceedings to refuse to issue
25 licenses or to revoke, suspend, place on probation,
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1 reprimand, or otherwise discipline licensees and to refuse
2 to issue licenses or to revoke, suspend, place on
3 probation, reprimand, or otherwise discipline licensees;
4 (5) formulate rules required for the administration of
5 this Act; and
6 (6) maintain rosters of the names and addresses of all
7 licensees, and all entities whose licenses have been
8 suspended, revoked, or otherwise disciplined. These
9 rosters shall be available upon written request and
10 payment of the required fee.
11 Section 20. Establishment of a natural organic reduction
12 facility and licensing of disposition authority.
13 (a) Any person doing business in this State, or any
14 cemetery, crematory, funeral establishment, corporation,
15 partnership, joint venture, voluntary organization, or any
16 other entity, may erect, maintain, and operate a natural
17 organic reduction facility in this State and provide the
18 necessary appliances and facilities for the natural organic
19 reduction of human remains in accordance with this Act.
20 (b) A natural organic reduction facility shall be subject
21 to all local, State, and federal health and environmental
22 protection requirements and shall obtain all necessary
23 licenses and permits from the Department of Financial and
24 Professional Regulation, the Department of Public Health, the
25 federal Department of Health and Human Services, and the State
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1 and federal Environmental Protection Agencies, or such other
2 appropriate local, State, or federal agencies.
3 (c) A natural organic reduction facility may be
4 constructed on or adjacent to any cemetery, crematory, on or
5 adjacent to any funeral establishment, or at any other
6 location consistent with local zoning regulations.
7 (d) An application for licensure as a disposition
8 authority shall be in writing on forms furnished by the
9 Comptroller. Applications shall be accompanied by a fee of
10 $100 and shall contain all of the following:
11 (1) the full name and address, both residence and
12 business, of the applicant if the applicant is an
13 individual; the full name and address of every member if
14 the applicant is a partnership; the full name and address
15 of every member of the board of directors if the applicant
16 is an association; and the name and address of every
17 officer, director, and shareholder holding more than 25%
18 of the corporate stock if the applicant is a corporation;
19 (2) the address and location of the natural organic
20 reduction facility;
21 (3) a description of the type of structure, equipment,
22 and technical process to be used in the operation of the
23 natural organic reduction facility; and
24 (4) any further information that the Comptroller
25 reasonably may require.
26 (e) Each disposition authority shall file an annual report
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1 with the Comptroller, accompanied with a $25 fee plus $5 for
2 each natural organic reduction performed that calendar year,
3 providing (i) an affidavit signed by the owner of the natural
4 organic reduction facility that at the time of the report the
5 natural organic reduction device was in proper operating
6 condition and all annual recommended maintenance by the
7 manufacturer was performed, (ii) the total number of all
8 natural organic reduction performed at the natural organic
9 reduction facility during the past year, (iii) attestation by
10 the licensee that all applicable permits and certifications
11 are valid, (iv) either (A) any changes required in the
12 information provided under subsection (d) or (B) an indication
13 that no changes have occurred, and (v) any other information
14 that the Comptroller may require. The annual report shall be
15 filed by a disposition authority on or before March 15 of each
16 calendar year. If the fiscal year of a disposition authority
17 is other than on a calendar year basis, then the disposition
18 authority shall file the report required by this Section
19 within 75 days after the end of its fiscal year. If a
20 disposition authority fails to submit an annual report to the
21 Comptroller within the time specified in this Section, the
22 Comptroller shall impose upon a disposition authority a
23 penalty of $5 for each and every day the disposition authority
24 remains delinquent in submitting the annual report. The
25 Comptroller may abate all or part of the $5 daily penalty for
26 good cause shown. The $25 annual report fee shall be deposited
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1 into the Comptroller's Administrative Fund. The $5 fee for
2 each natural organic reduction performed shall be deposited
3 into the Cemetery Consumer Protection Fund.
4 (f) All records required to be maintained under this Act,
5 including, but not limited to, those relating to the license
6 and annual report of the disposition authority required to be
7 filed under this Section, shall be subject to inspection by
8 the Comptroller upon reasonable notice.
9 (g) The Comptroller may inspect a natural organic
10 reduction facility record at the disposition authority's place
11 of business to review the licensee's compliance with this Act.
12 The Comptroller may charge a fee for the inspection of $100 to
13 the licensee. The inspection must include verification that:
14 (1) the disposition authority has complied with
15 record-keeping requirements of this Act;
16 (2) a natural organic reduction device operator's
17 certification of training and the required continuing
18 education certification is conspicuously displayed at the
19 natural organic reduction facility;
20 (3) the disposition authority is in compliance with
21 local zoning requirements;
22 (4) the disposition authority license issued by the
23 Comptroller is conspicuously displayed at the natural
24 organic reduction facility; and
25 (5) other details as determined by rule.
26 (h) Every license issued hereunder shall be renewed every
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1 5 years for a renewal fee of $100. The renewal fee shall be
2 deposited into the Comptroller's Administrative Fund. The
3 Comptroller, upon the request of an interested person or on
4 his own motion, may issue new licenses to a licensee whose
5 license or licenses have been revoked, if no factor or
6 condition then exists which would have warranted the
7 Comptroller to originally refuse the issuance of such license.
8 Section 25. Grounds for denial or discipline.
9 (a) In this Section, "applicant" means a person who has
10 applied for a license under this Act including those persons
11 whose names are listed on a license application in Section 20
12 of this Act.
13 (b) The Comptroller may refuse to issue a license, place
14 on probation, reprimand, or take other disciplinary action
15 that the Comptroller may deem appropriate, including imposing
16 fines not to exceed $5,000 for each violation, with regard to
17 any license under this Act, or may suspend or revoke a license
18 issued under this Act, on any of the following grounds:
19 (1) The applicant or licensee has made any
20 misrepresentation or false statement or concealed any
21 material fact in furnishing information to the
22 Comptroller.
23 (2) The applicant or licensee has been engaged in
24 fraudulent business practices.
25 (3) The applicant or licensee has refused to give
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1 information required under this Act to be disclosed to the
2 Comptroller or failing, within 30 days, to provide
3 information in response to a written request made by the
4 Comptroller.
5 (4) Engaging in dishonorable, unethical, or
6 unprofessional conduct of a character likely to deceive,
7 defraud, or harm the public.
8 (5) As to any individual listed in the license
9 application as required under Section 20, that individual
10 has conducted or is about to conduct any natural organic
11 reduction business on behalf of the applicant in a
12 fraudulent manner or has been convicted of any felony or
13 misdemeanor an essential element of which is fraud.
14 (6) The applicant or licensee has failed to make the
15 annual report required by this Act or to comply with a
16 final order, decision, or finding of the Comptroller made
17 under this Act.
18 (7) The applicant or licensee, including any member,
19 officer, or director of the applicant or licensee if the
20 applicant or licensee is a firm, partnership, association,
21 or corporation and including any shareholder holding more
22 than 25% of the corporate stock of the applicant or
23 licensee, has violated any provision of this Act or any
24 regulation or order made by the Comptroller under this
25 Act.
26 (8) The Comptroller finds any fact or condition
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1 existing that, if it had existed at the time of the
2 original application for a license under this Act, would
3 have warranted the Comptroller in refusing the issuance of
4 the license.
5 (9) Any violation of this Act or of the rules adopted
6 under this Act.
7 (10) Incompetence.
8 (11) Gross malpractice.
9 (12) Discipline by another state, District of
10 Columbia, territory, or foreign nation, if at least one of
11 the grounds for the discipline is the same or
12 substantially equivalent to those set forth in this
13 Section.
14 (13) Directly or indirectly giving to or receiving
15 from any person, firm, corporation, partnership, or
16 association any fee, commission, rebate, or other form of
17 compensation for professional services not actually or
18 personally rendered.
19 (14) A finding by the Comptroller that the licensee,
20 after having its license placed on probationary status,
21 has violated the terms of probation.
22 (15) Willfully making or filing false records or
23 reports, including, but not limited to, false records
24 filed with State agencies or departments.
25 (16) Gross, willful, or continued overcharging for
26 professional services, including filing false statements
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1 for collection of fees for which services are not
2 rendered.
3 (17) Practicing under a false or, except as provided
4 by law, an assumed name.
5 (18) Cheating on or attempting to subvert this Act's
6 licensing application process.
7 Section 30. License revocation or suspension; surrender of
8 license. Upon the revocation or suspension of a license issued
9 under this Act, the licensee must immediately surrender the
10 license to the Comptroller. If the licensee fails to do so, the
11 Comptroller may seize the license.
12 Section 35. Surrender of license; effect on licensee's
13 liability. A licensee may surrender a license issued under
14 this Act by delivering to the Comptroller a written notice
15 stating that the licensee thereby surrenders the license, but
16 such a surrender does not affect the licensee's civil or
17 criminal liability for acts committed before the surrender.
18 Section 40. License; display; transfer; duration.
19 (a) Every license issued under this Act must state the
20 number of the license, the business name and address of the
21 licensee's principal place of business, and the licensee's
22 parent company, if any. The license must be conspicuously
23 posted in the place of business operating under the license.
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1 (b) After initial licensure, if any person comes to obtain
2 at least 51% of the ownership over the natural organic
3 reduction facility, then the disposition authority shall apply
4 for a new license in the required time as set out by rule.
5 (c) Every license issued under this Act shall remain in
6 force until it has been surrendered, suspended, or revoked in
7 accordance with this Act. Upon the request of an interested
8 person or on the Comptroller's own motion, the Comptroller may
9 issue a new license to a licensee whose license has been
10 revoked under this Act if no factor or condition then exists
11 which would have warranted the Comptroller in originally
12 refusing the issuance of the license.
13 Section 45. Authorizing agent. The priority of the person
14 or persons who have the right to serve as the authorizing agent
15 for natural organic reduction is in the same priority as
16 provided for in Section 5 of the Disposition of Remains Act.
17 Section 50. Natural organic reduction only in a natural
18 organic reduction facility. An individual or a person,
19 cemetery, crematory, funeral establishment, corporation,
20 partnership, joint venture, voluntary organization, or other
21 entity may reduce human remains only in a natural organic
22 reduction facility operated by a disposition authority
23 licensed for this purpose and only under the limitations
24 provided in this Act.
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1 Section 55. Authorization for natural organic reduction.
2 (a) A disposition authority shall not reduce human remains
3 by natural organic reduction until it has received all of the
4 following:
5 (1) a natural organic reduction authorization form
6 signed by the next of kin or authorizing agent. The
7 natural organic reduction authorization form shall be
8 provided by the disposition authority and shall contain,
9 at a minimum, the following information:
10 (A) the identity of the human remains and the time
11 and date of death;
12 (B) the name of the funeral director and funeral
13 establishment, if applicable, that obtained the
14 natural organic reduction authorization;
15 (C) notification as to whether the death occurred
16 from a disease declared by the Illinois Department of
17 Health to be infectious, contagious, communicable, or
18 dangerous to the public health;
19 (D) the name of the authorizing agent and the
20 relationship between the authorizing agent and the
21 decedent;
22 (E) a representation that the authorizing agent
23 does in fact have the right to authorize the natural
24 organic reduction of the decedent, and that the
25 authorizing agent is not aware of any living person
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1 who has a superior priority right to that of the
2 authorizing agent, as set forth in Section 45. In the
3 event there is another living person who has a
4 superior priority right to that of the authorizing
5 agent, the form shall contain a representation that
6 the authorizing agent has made all reasonable efforts
7 to contact that person, has been unable to do so, and
8 has no reason to believe that the person would object
9 to the natural organic reduction of the decedent;
10 (F) authorization for the disposition authority to
11 reduce the human remains by natural organic reduction;
12 (G) a representation that the human remains do not
13 contain any other material or implant that may be
14 potentially hazardous or cause damage to the natural
15 organic reduction chamber or the person performing the
16 natural organic reduction;
17 (H) the name of the person authorized to receive
18 the reduced remains from the disposition authority;
19 (I) the manner in which final disposition of the
20 reduced human remains is to take place, if known. If
21 the reduction authorization form does not specify
22 final disposition in a grave, crypt, niche, or
23 scattering area, then the form may indicate that the
24 reduced human remains will be held by the disposition
25 authority for 30 days before they are released, unless
26 they are picked up from the disposition authority
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1 prior to that time, in person, by the authorizing
2 agent with prior consent from the authorizing agent.
3 At the end of the 60 days the disposition authority may
4 return the reduced human remains to the authorizing
5 agent if no final disposition arrangements are made;
6 or at the end of 60 days the disposition authority may
7 dispose of the reduced human remains in accordance
8 with this subsection (b) of Section 75;
9 (J) a listing of any items of value to be delivered
10 to the disposition authority along with the human
11 remains, and instructions as to how the items should
12 be handled;
13 (K) a specific statement as to whether the
14 authorizing agent has made arrangements for any type
15 of viewing of the decedent before natural organic
16 reduction or for a service with the decedent present
17 before natural organic reduction in connection with
18 the natural organic reduction, and if so, the date and
19 time of the viewing or service and whether the
20 disposition authority is authorized to proceed with
21 the natural organic reduction upon receipt of the
22 human remains;
23 (L) the signature of the authorizing agent,
24 attesting to the accuracy of all representations
25 contained on the natural organic reduction
26 authorization form, except as set forth in paragraph
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1 (M) of this subsection;
2 (M) if a natural organic reduction form is being
3 executed on a pre-need basis, the natural organic
4 reduction authorization form shall contain the
5 disclosure required by subsection (b) of Sec 125; and
6 (N) the natural organic reduction authorization
7 form, other than preneed natural organic reduction
8 forms, shall also be signed by a funeral director or
9 other representative of the disposition authority that
10 obtained the natural organic reduction authorization.
11 That individual shall merely execute the natural
12 organic reduction authorization form as a witness and
13 shall not be responsible for any of the
14 representations made by the authorizing agent, unless
15 the individual has actual knowledge to the contrary.
16 The information requested by subparagraphs (A), (B),
17 (C), and (G) of this subsection, however, shall be
18 considered to be representations of the authorizing
19 agent. The funeral director or funeral establishment
20 shall warrant to the natural organic reduction
21 facility that the human remains delivered to the
22 disposition authority are the human remains identified
23 on the natural organic reduction authorization form;
24 (2) a completed and executed burial transit permit
25 indicating that the human remains are to be reduced; and
26 (3) any other documentation required by this State.
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1 (b) If an authorizing agent is not available to execute a
2 natural organic reduction authorization form in person, that
3 person may use an electronic signature or may delegate that
4 authority to another person in writing, or by sending the
5 disposition authority a facsimile transmission that contains
6 the name, address, and relationship of the sender to the
7 decedent and the name and address of the individual to whom
8 authority is delegated. Upon receipt of the written document,
9 or facsimile transmission, telegram, or other electronic
10 telecommunications transmission which specifies the individual
11 to whom authority has been delegated, the disposition
12 authority shall allow this individual to serve as the
13 authorizing agent and to execute the natural organic reduction
14 authorization form. The disposition authority shall be
15 entitled to rely upon the natural organic reduction
16 authorization form without liability.
17 (c) An authorizing agent who signs a natural organic
18 reduction authorization form shall be deemed to warrant the
19 truthfulness of any facts set forth on the natural organic
20 reduction authorization form, including that person's
21 authority to order the natural organic reduction, except for
22 the information required by subparagraphs (C) and (G) of
23 paragraph (1) of subsection (a) of this Section, unless the
24 authorizing agent has actual knowledge to the contrary. An
25 authorizing agent signing a natural organic reduction
26 authorization form shall be personally and individually liable
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1 for all damages occasioned by and resulting from authorizing
2 the natural organic reduction.
3 (d) A disposition authority shall have authority to reduce
4 human remains upon the receipt of a natural organic reduction
5 authorization form signed by an authorizing agent. There shall
6 be no liability for the natural organic reduction disposition
7 authority according to a natural organic reduction
8 authorization, or that releases or disposes of the reduced
9 human remains according to a natural organic reduction
10 authorization, except for a disposition authority's gross
11 negligence, provided that the disposition authority performs
12 its functions in compliance with this Act.
13 (e) After an authorizing agent has executed a natural
14 organic reduction authorization form and before the natural
15 organic reduction process has started, the authorizing agent
16 may revoke the authorization and instruct the disposition
17 authority to cancel the natural organic reduction and to
18 release or deliver the human remains to another disposition
19 authority or funeral establishment. The instructions shall be
20 provided to the disposition authority in writing. A
21 disposition authority shall honor any instructions given to it
22 by an authorizing agent under this Section if it receives the
23 instructions prior to beginning the reducing of the human
24 remains.
25 Section 60. Performance of natural organic reduction
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1 services; training. A person may not perform a natural organic
2 reduction service in this State unless the person has
3 completed training in performing natural organic reduction
4 services and received certification by a program recognized by
5 the Comptroller. The disposition authority must conspicuously
6 display the certification at the disposition authority's place
7 of business. A continuing education natural organic reduction
8 course of at least 2 hours in length from a recognized provider
9 must be completed every 5 years by each person performing a
10 natural organic reduction service. For purposes of this Act,
11 the Comptroller may recognize any training program that
12 provides training in the operation of a natural organic
13 reduction device, in the maintenance of a clean facility, and
14 in the proper handling of human remains. The Comptroller may
15 recognize any course that is conducted by a death care trade
16 association in the State or the United States for natural
17 organic reduction or by a manufacturer of a natural organic
18 reduction unit that is consistent with the standards provided
19 in this Act or as otherwise determined by rule.
20 Section 65. Recordkeeping.
21 (a) The disposition authority shall furnish to the funeral
22 director who delivers human remains to the disposition
23 authority a receipt signed at the time of delivery by both the
24 disposition authority and the funeral director who delivers
25 the human remains, showing the date and time of the delivery,
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1 the type of alternative container or external wrapping that
2 was delivered, the name of the person from whom the human
3 remains were received and the name of the funeral
4 establishment or other entity with whom the person is
5 affiliated, the name of the person who received the human
6 remains on behalf of the disposition authority, and the name
7 of the decedent. The disposition authority shall retain a copy
8 of this receipt in its permanent records.
9 (b) Upon its release of the reduced human remains, the
10 disposition authority shall furnish to the person who receives
11 the reduced human remains from the disposition authority a
12 receipt signed by both the disposition authority and the
13 person who receives the natural organic reduction remains,
14 showing the date and time of the release, the name of the
15 person to whom the reduced human remains were released and the
16 name of the funeral establishment, cemetery, or other entity
17 with whom the person is affiliated, the name of the person who
18 released the reduced human remains on behalf of the
19 disposition authority, and the name of the decedent. The
20 natural organic reduction facility shall retain a copy of this
21 receipt in its permanent records.
22 (c) A disposition authority shall maintain at its place of
23 business a permanent record of each natural organic reduction
24 that took place at its facility which shall contain the name of
25 the decedent, the date of the natural organic reduction, and
26 the final disposition of the reduced human remains.
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1 (d) The disposition authority shall maintain a record of
2 all reduced human remains disposed of by the disposition
3 authority in accordance with subsection (d) of Section 75.
4 (e) Upon completion of the natural organic reduction, the
5 disposition authority shall file the burial transit permit as
6 required by the Illinois Vital Records Act and rules adopted
7 under that Act and the Illinois Counties Code, and transmit a
8 photocopy of the burial transit permit along with the reduced
9 human remains to whoever receives the reduced human remains
10 from the authorizing agent unless the reduced human remains
11 are to be interred, entombed, inurned, or placed in a
12 scattering area, in which case the disposition authority shall
13 retain a copy of the burial transit permit and shall send the
14 permit, along with the reduced human remains, to the cemetery,
15 which shall file the permit with the designated agency after
16 the interment, entombment, inurnment, or scattering has taken
17 place.
18 (f) All cemeteries shall maintain a record of all reduced
19 human remains that are disposed of on their property, provided
20 that the reduced human remains were properly transferred to
21 the cemetery and the cemetery issued a receipt acknowledging
22 the transfer of the reduced human remains.
23 Section 70. Natural organic reduction procedures.
24 (a) Human remains shall not be reduced within 24 hours
25 after the time of death, as indicated on the Medical
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1 Examiner's or Coroner's Certificate of Death. In any death,
2 the human remains shall not be reduced by the disposition
3 authority until a natural organic reduction permit has been
4 received from the coroner or medical examiner of the county in
5 which the death occurred and the disposition authority has
6 received a natural organic reduction authorization form,
7 executed by an authorizing agent, in accordance with the
8 provisions of Section 60 of this Act. In no instance, however,
9 shall the lapse of time between the death and the natural
10 organic reduction be less than 24 hours, unless because of a
11 religious requirement.
12 (b) Except as set forth in subsection (a), a disposition
13 authority shall have the right to schedule the natural organic
14 reduction to be performed at its own convenience, at any time
15 after the human remains have been delivered to the disposition
16 authority, unless the disposition authority has received
17 specific instructions to the contrary on the natural organic
18 reduction authorization form.
19 (c) No disposition authority shall reduce human remains
20 when it has actual knowledge that human remains contain
21 material or implant that may be potentially hazardous to the
22 person performing the natural organic reduction.
23 (d) No disposition authority shall accept embalmed remains
24 for natural organic reduction.
25 (e) Whenever a disposition authority is unable or
26 unauthorized to reduce human remains immediately upon taking
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1 custody of the remains, the disposition authority shall place
2 the human remains in operable refrigeration unit with
3 cleanable, noncorrosive interior and exterior finishes. The
4 unit must be capable of maintaining a temperature of less than
5 40 degrees Fahrenheit or below and of holding at least 3
6 bodies. For purposes of this section, immediately upon taking
7 custody means within 24 hours of taking custody. The
8 disposition authority must notify the authorizing agent of the
9 reasons for delay in the natural organic reduction if a
10 properly authorized natural organic reduction is not performed
11 within any time period expressly contemplated in the
12 authorization.
13 (f) A disposition authority shall not accept an
14 alternative container or external wrapping from which there is
15 any evidence of the leakage of body fluids.
16 (g) A disposition authority shall not reduce the remains
17 of more than one person at the same time and in the same
18 reduction chamber or introduce the remains of a second person
19 into the reduction chamber until the reduction of preceding
20 remains has been terminated and reasonable efforts have been
21 employed to remove all fragments of preceding remains. The
22 fact that there is residue in the reduction chamber or other
23 equipment or a container used in a prior reduction does not
24 violate this section.
25 (h) No unauthorized person shall be permitted in the
26 holding facility or natural organic reduction room while any
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1 human remains are being held there awaiting natural organic
2 reduction, being reduced, or being removed from the reduction
3 chamber.
4 (i) A disposition authority shall not remove any dental
5 gold, body parts, organs, or any item of value prior to or
6 subsequent to a natural organic reduction without previously
7 having received specific written authorization from the
8 authorizing agent and written instructions for the delivery of
9 these items to the authorizing agent. Under no circumstances
10 shall a disposition authority profit from making or assisting
11 in any removal of valuables.
12 (j) In instances when the remains of deceased human beings
13 are to be delivered to a natural organic reduction facility in
14 a casket that is not to be organically reduced with the
15 deceased, timely disclosure thereof must be made by the person
16 making the funeral arrangements to the natural organic
17 reduction facility that prior to the natural organic reduction
18 the remains of the deceased human being shall be transferred
19 to an alternative container. Such signed acknowledgement of
20 the authorizing person, that the timely disclosure has been
21 made, shall be retained by the natural organic reduction
22 facility in its permanent records.
23 (k) A disposition authority shall:
24 (1) collect material samples for analysis that are
25 representative of each instance of natural organic
26 reduction;
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1 (2) analyze each material sample of reduced remains
2 for physical contaminants. Reduced remains must have less
3 than 0.01 mg per kg dry weight of physical contaminants
4 which include, but are not limited to, intact bone, dental
5 filings, and medical implants;
6 (3) analyze, using a third-party laboratory accredited
7 by the Illinois Environmental Protection Agency's
8 Laboratory Accreditation Program, the natural organic
9 reduction facility's material samples of reduced remains
10 according to the following schedule:
11 (i) the natural organic reduction facility's
12 initial 20 instances of reduced remains for the
13 parameters identified in Table A, and any additional
14 instances of reduced remains necessary to achieve 20
15 material samples of reduced remains meeting the limits
16 identified in Table A;
17 (ii) following 20 material samples of reduced
18 remains meeting limits outlined in Table A, analyze,
19 at minimum, 25% of a natural organic reduction
20 facility's monthly instances of reduced remains for
21 the parameters identified in Table A until 80 total
22 material samples of reduced remains have met the
23 requirements in Table A; or
24 (iii) the Comptroller, Department of Public
25 Health, or local health department may require tests
26 for additional parameters under paragraphs (2) and
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1 (3).
2 (4) not release any human remains that exceed the
3 limits identified in Table A; and
4 (5) prepare, maintain, and provide upon request by the
5 Comptroller, Department of Public Health, or local health
6 department, an annual report each calendar year. The
7 annual report must detail the natural organic reduction
8 facility's activities during the previous calendar year
9 and must include the following information:
10 (i) name and address of the natural organic
11 reduction facility;
12 (ii) calendar year covered by the report;
13 (iii) annual quantity of reduced remains;
14 (iv) results of any laboratory analyses of reduced
15 remains, including an affirmation that the analysis
16 was prepared in accordance with this subsection (k);
17 and
18 (v) any additional information required by the
19 Comptroller, Illinois Department of Public Health, or
20 the local health department.
21 Table A: Testing Parameters
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
22
23 Metals and other testing
24 parameters Limit (mg/kg dry weight), unless otherwise specified
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22
23 Metals and other testing
24 parameters Limit (mg/kg dry weight), unless otherwise specified
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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
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
10 (l) Upon the completion of each natural organic reduction,
11 and insofar as is practicable, all of the recoverable residue
12 of the reduction process shall be removed from the reduction
13 chamber.
14 (m) If all of the recovered reduced human remains will not
15 fit within the receptacle that has been selected, the
16 remainder of the reduced human remains shall be disposed of in
17 accordance with subsection (i) of Section 55.
18 (n) A disposition authority shall not knowingly represent
19 to an authorizing agent or the agent's designee that a
20 temporary container or urn contains the reduced remains of a
21 specific decedent when it does not.
22 (o) Reduced human remains shall be shipped only by a
23 method that has an internal tracing system available and that
24 provides a receipt signed by the person accepting delivery.
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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
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1 (p) A disposition authority shall maintain an
2 identification system that shall ensure that it shall be able
3 to identify the human remains in its possession throughout all
4 phases of the natural organic reduction process.
5 (q) A disposition authority shall not reduce via natural
6 organic reduction the remains required to be labeled as an
7 infection hazard under 77 Ill. Adm. Code 690.1200(k).
8 (r) In the case of an event where the health of the public
9 may be at risk or there are signs at a facility of a potential
10 health hazard, the Illinois Department of Public Health shall
11 be consulted to assess the natural organic reduction facility.
12 Section 75. Disposition of reduced human remains.
13 (a) The authorizing agent shall be responsible for the
14 final disposition of the reduced human remains. The reduced
15 human remains may be disposed of by placing them in a grave,
16 crypt, or niche or by scattering them in a scattering area as
17 defined in this Act.
18 (b) Reduced human remains may be integrated into the soil
19 in an area where no local prohibition exists, provided that
20 the reduced human remains are not distinguishable to the
21 public, are not in a container, and that the person who has
22 control over disposition of the reduced human remains has
23 obtained written permission of the property owner or governing
24 agency to integrate into soil on the property.
25 (c) A State or local agency may adopt an ordinance,
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1 regulation, or policy, as appropriate, authorizing or
2 specifically prohibiting the integration of reduced human
3 remains into the soil on lands under the agency's
4 jurisdiction. The integration into the soil of the reduced
5 human remains of more than one person in one location pursuant
6 to this section does not create a cemetery.
7 (d) Upon the completion of the natural organic reduction
8 process, and except as provided for in subparagraph (I) of
9 paragraph (1) of subsection (a) of Section 55, if the
10 disposition authority has not been instructed to arrange for
11 the interment, entombment, inurnment, or scattering of the
12 reduced human remains, the disposition authority shall deliver
13 the reduced human remains to the individual specified on the
14 natural organic reduction authorization form or, if no
15 individual is specified, then to the authorizing agent. Upon
16 receipt of the reduced human remains, the individual receiving
17 them may transport them in any manner in this State without a
18 permit and may dispose of them in accordance with this
19 Section. After delivery, the disposition authority shall be
20 discharged from any legal obligation or liability concerning
21 the reduced human remains.
22 (e) If, after a period of 60 days from the date the natural
23 organic reduction process is complete, the authorizing agent
24 or the agent's designee has not instructed the disposition
25 authority to arrange for the final disposition of the reduced
26 human remains or claimed the reduced human remains, the
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1 disposition authority may dispose of the reduced human remains
2 in any manner permitted by this Section. The disposition
3 authority, however, shall keep a permanent record identifying
4 the site of final disposition. The authorizing agent shall be
5 responsible for reimbursing the disposition authority for all
6 reasonable expenses incurred in disposing of the reduced human
7 remains. Upon disposing of the reduced human remains, the
8 disposition authority shall be discharged from any legal
9 obligation or liability concerning the reduced remains. Any
10 person who was in possession of reduced remains prior to the
11 effective date of this Act may dispose of them in accordance
12 with this Section.
13 (f) Except with the express written permission of the
14 authorizing agent, no person shall:
15 (1) dispose of reduced human remains in a manner or in
16 a location so that the reduced human remains are
17 commingled with those of another person. This prohibition
18 shall not apply to the scattering of reduced remains at
19 sea, by air or in an area located in a dedicated cemetery
20 or private property and used exclusively for those
21 purposes; or
22 (2) place reduced human remains of more than one
23 person in the same temporary container or urn.
24 (g) No person shall sell the soil resulting from reduced
25 human remains for commercial purposes.
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1 Section 80. Limitation of liability.
2 (a) A disposition authority that has received an executed
3 natural organic reduction authorization form that complies
4 with paragraph (1) of subsection (a) of Section 55 and has
5 received any additional documentation required by Section 55
6 shall not be liable for reducing the human remains designated
7 by the natural organic reduction authorization form if the
8 natural organic reduction is performed in accordance with this
9 Act.
10 (b) A disposition authority shall not be liable for
11 refusing to accept human remains or to perform a natural
12 organic reduction until it receives a court order or other
13 suitable confirmation that a dispute has been settled, if:
14 (1) it is aware of any dispute concerning the natural
15 organic reduction of the human remains;
16 (2) it has a reasonable basis for questioning any of
17 the representations made by the authorizing agent; or
18 (3) it refuses to accept the human remains for any
19 other lawful reason. This provision shall not be construed
20 as placing any affirmative obligation, not otherwise
21 required by law, on any disposition authority to accept
22 any human remains for natural organic reduction.
23 (c) No cemetery shall be liable for any reduced human
24 remains that are dumped, scattered, or otherwise deposited on
25 the cemetery in violation of this Act, if that action is taken
26 without the cemetery's consent.
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1 (d) If a disposition authority is aware of any dispute
2 concerning the release or disposition of the reduced human
3 remains, the disposition authority may refuse to release the
4 reduced human remains until the dispute has been resolved or
5 the disposition authority has been provided with a court order
6 directing the release or disposition of the reduced remains. A
7 disposition authority shall not be liable for refusing to
8 release or dispose of reduced human remains in accordance with
9 this Section.
10 (e) A disposition authority shall not be responsible or
11 liable for any valuables delivered to the disposition
12 authority with human remains, unless the disposition authority
13 has received written instructions in accordance with paragraph
14 (J) of paragraph (1) of subsection (a) of Section 55.
15 Section 85. Hazardous implants. If an authorizing agent
16 informs the funeral director and the disposition authority on
17 the natural organic reduction authorization form of the
18 presence of hazardous implants in the human remains, then the
19 funeral director shall be responsible for ensuring that all
20 necessary steps have been taken to remove the hazardous
21 implants before delivering the human remains to the natural
22 organic reduction facility for natural organic reduction. The
23 funeral director who delivers the human remains to the natural
24 organic reduction facility fails to ensure that the hazardous
25 implants have been removed from the human remains prior to
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1 delivery, and should the human remains be reduced, then the
2 funeral director who delivered the human remains to the
3 natural organic reduction facility and anyone else covered by
4 this Section shall be liable for all resulting damages.
5 Section 90. Penalties. Violations of this Act shall be
6 punishable as follows:
7 (1) Performing a natural organic reduction without
8 receipt of a natural organic reduction authorization form
9 signed, in either paper or electronic format, by an
10 authorizing agent shall be a Class 4 felony.
11 (2) Signing, in either paper or electronic format, a
12 natural organic reduction authorization form with the
13 actual knowledge that the form contains false or incorrect
14 information shall be a Class 4 felony.
15 (3) A violation of any natural organic reduction
16 procedure set forth in Section 70 shall be a Class 4
17 felony.
18 (4) Holding oneself out to the public as a disposition
19 authority, or the operation of a building or structure
20 within this State as a natural organic reduction facility,
21 without being licensed under this Act, shall be a Class A
22 misdemeanor.
23 (5) Performance of natural organic reduction service
24 by a person who has not completed a training program as
25 defined in Section 60 of this Act shall be a Class A
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1 misdemeanor.
2 (6) Any person who intentionally violates a provision
3 of this Act or a final order of the Comptroller is liable
4 for a civil penalty not to exceed $5,000 per violation.
5 (7) Any person who knowingly acts without proper legal
6 authority and who willfully and knowingly destroys or
7 damages the remains of a deceased human being or who
8 desecrates human remains is guilty of a Class 3 felony.
9 (8) A violation of any other provision of this Act
10 shall be a Class B misdemeanor.
11 Section 95. Failure to file annual report. Whenever a
12 disposition authority refuses or neglects to file its annual
13 report in violation of Section 20 of this Act or fails to
14 otherwise comply with the requirements of this Act, the
15 Comptroller shall impose a penalty as provided for by rule for
16 each and every day the licensee remains delinquent in
17 submitting the annual report. Such report shall be made under
18 oath and shall be in a form determined by the Comptroller.
19 Section 100. Injunctive action; cease and desist order.
20 (a) If any person violates the provisions of this Act, the
21 Comptroller, in the name of the People of the State, through
22 the Attorney General or the State's Attorney of the county in
23 which the violation is alleged to have occurred, may petition
24 for an order enjoining the violation or for an order enforcing
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1 compliance with this Act. Upon the filing of a verified
2 petition, the court with appropriate jurisdiction may issue a
3 temporary restraining order, without notice or bond, and may
4 preliminarily and permanently enjoin the violation. If it is
5 established that the person has violated or is violating the
6 injunction, the court may punish the offender for contempt of
7 court. Proceedings under this Section are in addition to, and
8 not in lieu of, all other remedies and penalties provided by
9 this Act.
10 (b) Whenever, in the opinion of the Comptroller, a person
11 violates any provision of this Act, the Comptroller may issue
12 a rule to show cause why an order to cease and desist should
13 not be entered against that person. The rule shall clearly set
14 forth the grounds relied upon by the Comptroller and shall
15 allow at least 7 days from the date of the rule to file an
16 answer satisfactory to the Comptroller. Failure to answer to
17 the satisfaction of the Comptroller shall cause an order to
18 cease and desist to be issued.
19 Section 105. Service of notice. Service by the Comptroller
20 of any notice requiring a person to file a statement or report
21 under this Act shall be made: (1) personally by delivery of a
22 duly executed copy of the notice to the person to be served or,
23 if that person is not a natural person, in the manner provided
24 in the Civil Practice Law when a complaint is filed; or (2) by
25 mailing by certified mail a duly executed copy of the notice to
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1 the person at his or her address of record.
2 Section 110. Investigations; notice and hearing. The
3 Comptroller may at any time investigate the actions of any
4 applicant or of any person, persons, or entity rendering or
5 offering natural organic reduction services or any person or
6 entity holding or claiming to hold a license as a licensed
7 natural organic reduction facility. The Comptroller shall,
8 before revoking, suspending, placing on probation,
9 reprimanding, or taking any other disciplinary action under
10 Section 11 of this Act, at least 30 days before the date set
11 for the hearing: (i) notify the accused in writing of the
12 charges made and the time and place for the hearing on the
13 charges; (ii) direct the accused applicant or licensee to file
14 a written answer to the charges with the Comptroller under
15 oath within 20 days after the service on the accused of the
16 notice; and (iii) inform the accused that, if the accused
17 fails to answer, default will be taken against the accused or
18 that the accused's license may be suspended, revoked, placed
19 on probationary status, or other disciplinary action taken
20 with regard to the license, including limiting the scope,
21 nature, or extent of the accused's practice, as the
22 Comptroller may consider proper.
23 At the time and place fixed in the notice, the Comptroller
24 shall proceed to hear the charges and the parties, or their
25 counsel shall be accorded ample opportunity to present any
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1 pertinent statements, testimony, evidence, and arguments. The
2 Comptroller shall have the authority to appoint an attorney
3 duly licensed to practice law in the State to serve as the
4 hearing officer in any disciplinary action with regard to a
5 license. The hearing officer shall have full authority to
6 conduct the hearing. The Comptroller may continue the hearing
7 from time to time. In case the person, after receiving the
8 notice, fails to file an answer, the person's license may, in
9 the discretion of the Comptroller, be suspended, revoked,
10 placed on probationary status, or the Comptroller may take
11 whatever disciplinary action considered proper, including
12 limiting the scope, nature, or extent of the person's practice
13 or the imposition of a fine, without a hearing, if the act or
14 acts charged constitute sufficient grounds for that action
15 under this Act. The written notice may be served by personal
16 delivery or by certified mail to the address specified by the
17 accused in the accused's last notification with the
18 Comptroller.
19 Section 115. Compelling testimony. Any circuit court, upon
20 application of the Comptroller or designated hearing officer
21 may enter an order requiring the attendance of witnesses and
22 their testimony, and the production of documents, papers,
23 files, books, and records in connection with any hearing or
24 investigation. The court may compel obedience to its order by
25 proceedings for contempt.
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1 Section 120. Administrative review; venue; certification
2 of record; costs.
3 (a) All final administrative decisions of the Comptroller
4 are subject to judicial review under the Administrative Review
5 Law and its rules. The term "administrative decision" is
6 defined as in Section 3-101 of the Code of Civil Procedure.
7 (b) Proceedings for judicial review shall be commenced in
8 the circuit court of the county in which the party applying for
9 review resides, but if the party is not a resident of Illinois,
10 the venue shall be in Sangamon County.
11 (c) The Comptroller shall not be required to certify any
12 record of the court, file an answer in court, or to otherwise
13 appear in any court in a judicial review proceeding unless and
14 until the Comptroller has received from the plaintiff payment
15 of the costs of furnishing and certifying the record, which
16 costs shall be determined by the Comptroller. Failure on the
17 part of the plaintiff to make such payment to the Comptroller
18 is grounds for dismissal of the action.
19 Section 125. Preneed of natural organic reduction
20 arrangements.
21 (a) Any person, or anyone who has legal authority to act on
22 behalf of a person, on a preneed basis, may authorize the
23 person's own natural organic reduction and the final
24 disposition of the person's reduced remains by executing, as
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1 the authorizing agent, a natural organic reduction
2 authorization form on a preneed basis. A copy of this form
3 shall be provided to the person. Any person shall have the
4 right to transfer or cancel this authorization at any time
5 prior to death by destroying the executed natural organic
6 reduction authorization form and providing written notice to
7 the disposition authority named in the preneed form.
8 (b) Any natural organic authorization form that is being
9 executed by an individual as the individual's own authorizing
10 agent on a preneed basis shall contain the following
11 disclosure, which shall be completed by the authorizing agent:
12 "( ) I do not wish to allow any of my survivors the option
13 of cancelling my natural organic reduction and selecting
14 alternative arrangements, regardless of whether my survivors
15 deem a change to be appropriate.
16 ( ) I wish to allow only the survivors whom I have
17 designated below the option of cancelling my natural organic
18 reduction and selecting alternative arrangements, if they deem
19 a change to be appropriate."
20 (c) Except as provided in subsection (b) of this Section,
21 at the time of the death of a person who has executed, as the
22 authorizing agent, a natural organic reduction authorization
23 form on a preneed basis, any person in possession of an
24 executed form and any person charged with making arrangements
25 for the final disposition of the decedent who has knowledge of
26 the existence of an executed form, shall use the person's best
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1 efforts to ensure that the decedent is reduced and that the
2 final disposition of the reduced human remains is in
3 accordance with the instructions contained on the natural
4 organic reduction authorization form. If a disposition
5 authority (i) is in possession of a completed natural organic
6 reduction authorization form that was executed on a preneed
7 basis, (ii) is in possession of the designated human remains,
8 and (iii) has received payment for the natural organic
9 reduction of the human remains and the final disposition of
10 the reduced human remains or is otherwise assured of payment,
11 then the disposition authority shall be required to reduced
12 the human remains and dispose of the reduced human remains
13 according to the instructions contained on the natural organic
14 reduction authorization form and may do so without any
15 liability.
16 (d) Any preneed contract sold by, or pre-need arrangements
17 made with, a cemetery, funeral establishment, disposition
18 authority, or any other party that includes a natural organic
19 reduction shall specify the final disposition of the reduced
20 human remains, in accordance with Section 75. If no different
21 or inconsistent instructions are provided to the disposition
22 authority by the authorizing agent at the time of death, the
23 disposition authority shall be authorized to release or
24 dispose of the reduced human remains as indicated in the
25 preneed agreement. Upon compliance with the terms of the
26 preneed agreement, the disposition authority shall be
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1 discharged from any legal obligation concerning the reduced
2 human remains. The preneed agreement shall be kept as a
3 permanent record by the disposition authority.
4 (e) This Section shall not apply to any natural organic
5 reduction authorization form or preneed contract executed
6 prior to the effective date of this Act. Any cemetery, funeral
7 establishment, disposition authority, or other party, however,
8 with the written approval of the authorizing agent or person
9 who executed the preneed contract, may designate that the
10 natural organic reduction authorization form or preneed
11 contract shall be subject to this Act.
12 Section 130. Employment of funeral director by a
13 disposition authority.
14 (a) A disposition authority shall be permitted to enter
15 into a contract with a funeral director or funeral business
16 for the purpose of arranging natural organic reduction on an
17 at-need basis with the general public, transporting human
18 remains to the natural organic reduction facility, and
19 processing all necessary paperwork.
20 (b) No aspect of this Act shall be construed to require a
21 licensed funeral director to perform any functions not
22 otherwise required by law to be performed by a licensed
23 funeral director.
24 Section 135. Scope of Act. This Act shall be construed and
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1 interpreted as a comprehensive natural organic reduction
2 statute, and the provisions of this Act shall take precedence
3 over any existing laws containing provisions applicable to
4 natural organic reduction, but that do not specifically or
5 comprehensively address natural organic reduction.
6 Section 140. Record of proceedings; transcript. The
7 Comptroller, at its expense, shall preserve a record of all
8 proceedings at the formal hearing of any case. Any notice of
9 hearing, complaint, all other documents in the nature of
10 pleadings, written motions filed in the proceedings, the
11 transcripts of testimony, the report of the hearing officer,
12 and orders of the Comptroller shall be in the record of the
13 proceeding. The Comptroller shall furnish a transcript of such
14 record to any person interested in such hearing upon payment
15 of a reasonable fee.
16 Section 145. Subpoenas; depositions; oaths. The
17 Comptroller has the power to subpoena documents, books,
18 records or other materials and to bring before it any person
19 and to take testimony either orally or by deposition, or both,
20 with the same fees and mileage and in the same manner as
21 prescribed in civil cases in the courts of this State. The
22 Comptroller, the designated hearing officer, or any qualified
23 person the Comptroller may designate has the power to
24 administer oaths to witnesses at any hearing that the
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1 Comptroller is authorized to conduct, and any other oaths
2 authorized in any Act administered by the Comptroller. Every
3 person having taken an oath or affirmation in any proceeding
4 or matter wherein an oath is required by this Act, who shall
5 swear willfully, corruptly and falsely in a matter material to
6 the issue or point in question, or shall suborn any other
7 person to swear as aforesaid, shall be guilty of perjury or
8 subornation of perjury, as the case may be and shall be
9 punished as provided by State law relative to perjury and
10 subornation of perjury.
11 Section 150. Findings and recommendations. At the
12 conclusion of the hearing, the hearing officer shall present
13 to the Comptroller a written report of its findings of fact,
14 conclusions of law, and recommendations. The report shall
15 contain a finding whether or not the accused person violated
16 this Act or its rules or failed to comply with the conditions
17 required in this Act or its rules. The hearing officer shall
18 specify the nature of any violations or failure to comply and
19 shall make recommendations to the Comptroller. In making
20 recommendations for any disciplinary actions, the hearing
21 officer may take into consideration all facts and
22 circumstances bearing upon the reasonableness of the conduct
23 of the accused and the potential for future harm to the public,
24 including but not limited to, previous discipline of the
25 accused by the Comptroller, intent, degree of harm to the
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1 public and likelihood of harm in the future, any restitution
2 made by the accused, and whether the incident or incidents
3 contained in the complaint appear to be isolated or represent
4 a continuing pattern of conduct. In making its recommendations
5 for discipline, the hearing officer shall endeavor to ensure
6 that the severity of the discipline recommended is reasonably
7 related to the severity of the violation. The report of
8 findings of fact, conclusions of law, and recommendation of
9 the hearing officer shall be the basis for the Comptroller's
10 order refusing to issue, restore, place on probation, fine,
11 suspend, revoke a license, or otherwise disciplining a
12 licensee. If the Comptroller disagrees with the
13 recommendations of the hearing officer, the Comptroller may
14 issue an order in contravention of the hearing officer's
15 recommendations. The finding is not admissible in evidence
16 against the person in a criminal prosecution brought for a
17 violation of this Act, but the hearing and finding are not a
18 bar to a criminal prosecution brought for a violation of this
19 Act.
20 Section 155. Rehearing. At the conclusion of the hearing,
21 a copy of the hearing officer's report shall be served upon the
22 applicant or licensee by the Comptroller, either personally or
23 as provided in this Act. Within 20 days after service, the
24 applicant or licensee may present to the Comptroller a motion
25 in writing for a rehearing, which shall specify the particular
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1 grounds for rehearing. The Comptroller may respond to the
2 motion for rehearing within 20 days after its service on the
3 Comptroller. If no motion for rehearing is filed, then upon
4 the expiration of the time specified for filing such a motion,
5 or if a motion for rehearing is denied, then upon denial, the
6 Comptroller may enter an order in accordance with
7 recommendations of the hearing officer except as provided in
8 Section 160 of this Act.
9 If the applicant or licensee orders from the reporting
10 service and pays for a transcript of the record within the time
11 for filing a motion for rehearing, the 20-day period within
12 which a motion may be filed shall commence upon the delivery of
13 the transcript to the applicant or licensee.
14 Section 160. Comptroller; rehearing. Whenever the
15 Comptroller believes that substantial justice has not been
16 done in the revocation, suspension, or refusal to issue or
17 restore a license or other discipline of an applicant or
18 licensee, he or she may order a rehearing by the same or other
19 hearing officers.
20 Section 165. Order or certified copy; prima facie proof.
21 An order or certified copy thereof, over the seal of the
22 Comptroller and purporting to be signed by the Comptroller, is
23 prima facie proof that:
24 (1) the signature is the genuine signature of the
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1 Comptroller;
2 (2) the Comptroller is duly appointed and qualified;
3 and
4 (3) the hearing officer is qualified to act.
5 Section 170. Civil action and civil penalties. In addition
6 to the other penalties and remedies provided in this Act, the
7 Comptroller may bring a civil action in the county of
8 residence of the licensee or any other person to enjoin any
9 violation or threatened violation of this Act. In addition to
10 any other penalty provided by law, any person who violates
11 this Act shall forfeit and pay a civil penalty to the
12 Comptroller in an amount not to exceed $5,000 for each
13 violation as determined by the Comptroller. The civil penalty
14 shall be assessed by the Comptroller in accordance with the
15 provisions of this Act.
16 Any civil penalty shall be paid within 60 days after the
17 effective date of the order imposing the civil penalty. The
18 order shall constitute a judgment and may be filed and
19 execution had thereon in the same manner as any judgment from
20 any court of record. All moneys collected under this Section
21 shall be deposited with the Comptroller.
22 Section 175. Consent order. At any point in any
23 investigation or disciplinary proceedings as provided in this
24 Act, both parties may agree to a negotiated consent order. The
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1 consent order shall be final upon signature of the
2 Comptroller.
3 Section 180. Illinois Administrative Procedure Act;
4 application. The Illinois Administrative Procedure Act is
5 expressly adopted and incorporated in this Act as if all of the
6 provisions of that Act were included in this Act, except that
7 the provision of paragraph (d) of Section 10-65 of the
8 Illinois Administrative Procedure Act, which provides that at
9 hearings the licensee has the right to show compliance with
10 all lawful requirements for retention or continuation of the
11 license, is specifically excluded. For the purpose of this
12 Act, the notice required under Section 10-25 of the Illinois
13 Administrative Procedure Act is considered sufficient when
14 mailed to the address of record.
15 Section 185. Summary suspension of a license. The
16 Comptroller may summarily suspend a license of a licensed
17 natural organic reduction facility without a hearing,
18 simultaneously with the institution of proceedings for a
19 hearing provided for in this Act, if the Comptroller finds
20 that evidence in the Comptroller's possession indicates that
21 the licensee's continued practice would constitute an imminent
22 danger to the public. If the Comptroller summarily suspends
23 the license of a licensed natural organic reduction facility
24 without a hearing, a hearing must be commenced within 30 days
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1 after the suspension has occurred and concluded as
2 expeditiously as practical. In the event of a summary
3 suspension, the county coroner or medical examiner responsible
4 for the area where the natural organic reduction facility is
5 located shall make arrangements to dispose of any bodies in
6 the suspended licensee's possession after consulting with the
7 authorizing agents for those bodies.
8 Section 99. Effective date. This Act takes effect January
9 1, 2025.
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