Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2383 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2383 Introduced 2/7/2025, by Sen. Mike Simmons 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. Effective January 1, 2027. LRB104 06219 AAS 16254 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2383 Introduced 2/7/2025, by Sen. Mike Simmons 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. Effective January 1, 2027. LRB104 06219 AAS 16254 b LRB104 06219 AAS 16254 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2383 Introduced 2/7/2025, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	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. Effective January 1, 2027.
6	6	LRB104 06219 AAS 16254 b LRB104 06219 AAS 16254 b
7	7	LRB104 06219 AAS 16254 b
8	8	A BILL FOR
9	9	SB2383LRB104 06219 AAS 16254 b SB2383 LRB104 06219 AAS 16254 b
10	10	SB2383 LRB104 06219 AAS 16254 b
11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Natural Organic Reduction Regulation Act.
16	16	6 Section 5. Legislative intent. The practice of natural
17	17	7 organic reduction in the State is declared to be a practice
18	18	8 affecting the public health, safety, and welfare and subject
19	19	9 to regulation and control in the public interest. It is
20	20	10 further declared to be a matter of public interest and concern
21	21	11 that the preparation, care, and final disposition of a
22	22	12 deceased human body be attended with appropriate observance
23	23	13 and understanding, having due regard and respect for the
24	24	14 reverent care of the human body and for those bereaved and the
25	25	15 overall spiritual dignity of the human. It is further a matter
26	26	16 of public interest that the practice of natural organic
27	27	17 reduction, as defined in this Act, be done only by qualified
28	28	18 persons authorized by this Act. This Act shall be liberally
29	29	19 construed to best carry out these subjects and purposes.
30	30	20 Section 10. Definitions. As used in this Act:
31	31	21 "Address of record" means the designated address recorded
32	32	22 by the Comptroller in the applicant's or licensee's
33	33
34	34
35	35
36	36	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2383 Introduced 2/7/2025, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED:
37	37	New Act New Act
38	38	New Act
39	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. Effective January 1, 2027.
40	40	LRB104 06219 AAS 16254 b LRB104 06219 AAS 16254 b
41	41	LRB104 06219 AAS 16254 b
42	42	A BILL FOR
43	43
44	44
45	45
46	46
47	47
48	48	New Act
49	49
50	50
51	51
52	52	LRB104 06219 AAS 16254 b
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62	SB2383 LRB104 06219 AAS 16254 b
63	63
64	64
65	65	SB2383- 2 -LRB104 06219 AAS 16254 b SB2383 - 2 - LRB104 06219 AAS 16254 b
66	66	SB2383 - 2 - LRB104 06219 AAS 16254 b
67	67	1 application file or license file. The address of record shall
68	68	2 be the permanent street address of the natural organic
69	69	3 reduction facility.
70	70	4 "Alternative container" means a receptacle or
71	71	5 biodegradable external wrapping, other than a casket, in which
72	72	6 human remains are transported to the natural organic reduction
73	73	7 facility. An alternative container shall be: (i) able to be
74	74	8 closed in order to provide a complete covering for the human
75	75	9 remains; (ii) resistant to leakage or spillage; (iii) rigid
76	76	10 enough for handling with ease; and (iv) able to provide
77	77	11 protection for the health, safety, and personal integrity of
78	78	12 the natural organic reduction facilities personnel.
79	79	13 "Authorizing agent" means a person legally entitled to
80	80	14 order the natural organic reduction and final disposition of
81	81	15 specific human remains.
82	82	16 "Body parts" means limbs or other portions of the anatomy
83	83	17 that are removed from a person or human remains for medical
84	84	18 purposes during treatment, surgery, biopsy, autopsy, or
85	85	19 medical research or human bodies or any portion of bodies that
86	86	20 have been donated to science for medical research purposes.
87	87	21 "Burial transit permit" means a permit for disposition of
88	88	22 a dead human body as required by State law.
89	89	23 "Casket" means a container that is designed for the
90	90	24 encasement of human remains. A casket is usually constructed
91	91	25 of wood, metal, or like material and ornamented and lined with
92	92	26 fabric, and may or may not be combustible.
93	93
94	94
95	95
96	96
97	97
98	98	SB2383 - 2 - LRB104 06219 AAS 16254 b
99	99
100	100
101	101	SB2383- 3 -LRB104 06219 AAS 16254 b SB2383 - 3 - LRB104 06219 AAS 16254 b
102	102	SB2383 - 3 - LRB104 06219 AAS 16254 b
103	103	1 "Comptroller" means the Comptroller of the State.
104	104	2 "Disposition authority" means the legal entity which is
105	105	3 licensed by the Comptroller to operate a natural organic
106	106	4 reduction facility and to perform natural organic reductions.
107	107	5 "Final disposition" means the burial, cremation, natural
108	108	6 organic reduction, or other disposition of human remains or
109	109	7 parts of human remains.
110	110	8 "Funeral director" means a person known by the title of
111	111	9 "funeral director", "funeral director and embalmer", or other
112	112	10 similar words or titles licensed by the State to practice
113	113	11 funeral directing or funeral directing and embalming.
114	114	12 "Funeral establishment" means a building or separate
115	115	13 portion of a building having a specific street address and
116	116	14 location and devoted to activities relating to the shelter,
117	117	15 care, custody, and preparation of a deceased human body and
118	118	16 may contain facilities for funeral or wake services.
119	119	17 "Holding facility" means an area that: (i) is designated
120	120	18 for the retention of human remains prior to natural organic
121	121	19 reduction; (ii) complies with all applicable public health
122	122	20 law; (iii) preserves the health and safety of the natural
123	123	21 organic reduction facilities personnel; and (iv) is secure
124	124	22 from access by anyone other than authorized persons. A holding
125	125	23 facility may be located in the natural organic reduction room,
126	126	24 consistent with the refrigeration requirements of this Act.
127	127	25 "Human remains" means the body of a deceased person,
128	128	26 including any form of body prosthesis that has been
129	129
130	130
131	131
132	132
133	133
134	134	SB2383 - 3 - LRB104 06219 AAS 16254 b
135	135
136	136
137	137	SB2383- 4 -LRB104 06219 AAS 16254 b SB2383 - 4 - LRB104 06219 AAS 16254 b
138	138	SB2383 - 4 - LRB104 06219 AAS 16254 b
139	139	1 permanently attached or implanted in the body.
140	140	2 "Integrate into the soil" means the authorized addition
141	141	3 and mixing of reduced human remains with existing soil in a
142	142	4 defined area within a dedicated cemetery, conservation area,
143	143	5 property where the person who has control over the disposition
144	144	6 of the reduced human remains has obtained written permission
145	145	7 of the property owner.
146	146	8 "Licensee" means an entity licensed under this Act. An
147	147	9 entity that holds itself as a licensee or that is accused of
148	148	10 unlicensed practice is considered a licensee for purposes of
149	149	11 enforcement, investigation, hearings, and the Illinois
150	150	12 Administrative Procedure Act.
151	151	13 "Natural organic reduction" means the process of
152	152	14 transforming a human body into soil using the natural
153	153	15 decomposition process, accelerated with the addition of
154	154	16 organic materials through the following steps:
155	155	17 (1) The body of a deceased person is mixed together
156	156	18 with natural materials and air and is periodically turned,
157	157	19 eventually resulting in the body's reduction to a soil
158	158	20 material.
159	159	21 (2) Large tanks, containers, or similar vessels hold
160	160	22 human remains together with straw, wood chips, or other
161	161	23 natural materials until the process is complete. Any such
162	162	24 tank, container, or similar vessel shall be stainless
163	163	25 steel, leakproof, promote aerobic reduction, and provide
164	164	26 for continuous monitoring of the natural organic reduction
165	165
166	166
167	167
168	168
169	169
170	170	SB2383 - 4 - LRB104 06219 AAS 16254 b
171	171
172	172
173	173	SB2383- 5 -LRB104 06219 AAS 16254 b SB2383 - 5 - LRB104 06219 AAS 16254 b
174	174	SB2383 - 5 - LRB104 06219 AAS 16254 b
175	175	1 process.
176	176	2 (3) The processing of the remains after removal from
177	177	3 the reduction chamber.
178	178	4 "Natural organic reduction authorization" means the
179	179	5 natural organic reduction form authorizing a natural organic
180	180	6 reduction which is signed by the next of kin or authorizing
181	181	7 agent. This natural organic reduction form must be a separate
182	182	8 document and cannot be a part of another form or document.
183	183	9 "Natural organic reduction facility" means the building or
184	184	10 portions of a building that houses the natural organic
185	185	11 reduction room and the holding facility. The facility shall
186	186	12 have a ventilation system that ventilates from the tank,
187	187	13 container, or similar vessel to a biofiltration system.
188	188	14 "Natural organic reduction room" means the room in which
189	189	15 the reduction chambers are located.
190	190	16 "Niche" means a compartment or cubicle for the
191	191	17 memorialization and permanent placement of an urn containing
192	192	18 reduced remains.
193	193	19 "Person" means any person, partnership, association,
194	194	20 corporation, limited liability company, or other entity, and
195	195	21 in the case of any such business organization, its officers,
196	196	22 partners, members, or shareholders possessing 25% or more of
197	197	23 ownership of the entity.
198	198	24 "Processing" means the removal of foreign objects as well
199	199	25 as, but not limited to, grinding, crushing, and pulverizing of
200	200	26 the remaining teeth and bones for the reduced human remains to
201	201
202	202
203	203
204	204
205	205
206	206	SB2383 - 5 - LRB104 06219 AAS 16254 b
207	207
208	208
209	209	SB2383- 6 -LRB104 06219 AAS 16254 b SB2383 - 6 - LRB104 06219 AAS 16254 b
210	210	SB2383 - 6 - LRB104 06219 AAS 16254 b
211	211	1 be integrated into the soil.
212	212	2 "Pulverization" means the reduction of identifiable bone
213	213	3 fragments after the completion of the natural organic
214	214	4 reduction process to granulated particles by manual or
215	215	5 mechanical means.
216	216	6 "Reduction chamber" means the enclosed space within which
217	217	7 individual human remains are reduced and any other attached,
218	218	8 non-enclosed, mechanical components that are necessary for the
219	219	9 safe and proper functioning of the equipment. A reduction
220	220	10 chamber shall meet or exceed the requirements set by the
221	221	11 federal Centers for Disease Control and Prevention for
222	222	12 destruction of human pathogens.
223	223	13 "Reduced human remains" means the remains of a human body
224	224	14 that have been reduced to soil through a process of reduction.
225	225	15 "Reduced human remains" does not include foreign materials,
226	226	16 pacemakers, or prostheses.
227	227	17 "Reduced remains interment container" means a rigid outer
228	228	18 container that is subject to a cemetery's rules and
229	229	19 regulations.
230	230	20 "Scattering area" means an area which may be designated by
231	231	21 a cemetery and located on dedicated cemetery property, or an
232	232	22 area designated as a scattering area on private land or a
233	233	23 privately owned nature preserve where reduced human remains,
234	234	24 which have been removed from the container, can be mixed with,
235	235	25 or placed on top of, the soil or ground cover.
236	236	26 "Temporary container" means a receptacle for reduced human
237	237
238	238
239	239
240	240
241	241
242	242	SB2383 - 6 - LRB104 06219 AAS 16254 b
243	243
244	244
245	245	SB2383- 7 -LRB104 06219 AAS 16254 b SB2383 - 7 - LRB104 06219 AAS 16254 b
246	246	SB2383 - 7 - LRB104 06219 AAS 16254 b
247	247	1 remains, usually composed of cardboard, plastic, or similar
248	248	2 material, that can be closed in a manner that prevents the
249	249	3 leakage or spillage of the reduced human remains or the
250	250	4 entrance of foreign material and is a single container of
251	251	5 sufficient size to hold the reduced human remains until an urn
252	252	6 is acquired, or the reduced human remains are scattered.
253	253	7 "Urn" means a receptacle designed to encase a portion of
254	254	8 the reduced human remains.
255	255	9 Section 15. Powers and duties of the Comptroller. Subject
256	256	10 to the provisions of this Act, the Comptroller may exercise
257	257	11 any of the following powers and duties:
258	258	12 (1) authorize standards to ascertain the
259	259	13 qualifications and fitness of applicants for licensing as
260	260	14 licensed natural organic reduction authorities and pass
261	261	15 upon the qualifications of applicants for licensure;
262	262	16 (2) examine and audit a licensed disposition
263	263	17 authority's record, natural organic reduction facility, or
264	264	18 any other aspects of the natural organic reduction
265	265	19 operations as the Comptroller deems appropriate;
266	266	20 (3) investigate any and all unlicensed activity;
267	267	21 (4) conduct hearings on proceedings to refuse to issue
268	268	22 licenses or to revoke, suspend, place on probation,
269	269	23 reprimand, or otherwise discipline licensees and to refuse
270	270	24 to issue licenses or to revoke, suspend, place on
271	271	25 probation, reprimand, or otherwise discipline licensees;
272	272
273	273
274	274
275	275
276	276
277	277	SB2383 - 7 - LRB104 06219 AAS 16254 b
278	278
279	279
280	280	SB2383- 8 -LRB104 06219 AAS 16254 b SB2383 - 8 - LRB104 06219 AAS 16254 b
281	281	SB2383 - 8 - LRB104 06219 AAS 16254 b
282	282	1 (5) formulate rules required for the administration of
283	283	2 this Act; and
284	284	3 (6) maintain rosters of the names and addresses of all
285	285	4 licensees, and all entities whose licenses have been
286	286	5 suspended, revoked, or otherwise disciplined. These
287	287	6 rosters shall be available upon written request and
288	288	7 payment of the required fee.
289	289	8 Section 20. Establishment of a natural organic reduction
290	290	9 facility and licensing of disposition authority.
291	291	10 (a) Any person doing business in this State, or any
292	292	11 cemetery, crematory, funeral establishment, corporation,
293	293	12 partnership, joint venture, voluntary organization, or any
294	294	13 other entity, may erect, maintain, and operate a natural
295	295	14 organic reduction facility in this State and provide the
296	296	15 necessary appliances and facilities for the natural organic
297	297	16 reduction of human remains in accordance with this Act.
298	298	17 (b) A natural organic reduction facility shall be subject
299	299	18 to all local, State, and federal health and environmental
300	300	19 protection requirements and shall obtain all necessary
301	301	20 licenses and permits from the Department of Financial and
302	302	21 Professional Regulation, the Department of Public Health, the
303	303	22 federal Department of Health and Human Services, and the State
304	304	23 and federal Environmental Protection Agencies, or such other
305	305	24 appropriate local, State, or federal agencies.
306	306	25 (c) A natural organic reduction facility may be
307	307
308	308
309	309
310	310
311	311
312	312	SB2383 - 8 - LRB104 06219 AAS 16254 b
313	313
314	314
315	315	SB2383- 9 -LRB104 06219 AAS 16254 b SB2383 - 9 - LRB104 06219 AAS 16254 b
316	316	SB2383 - 9 - LRB104 06219 AAS 16254 b
317	317	1 constructed on or adjacent to any cemetery, crematory, on or
318	318	2 adjacent to any funeral establishment, or at any other
319	319	3 location consistent with local zoning regulations.
320	320	4 (d) An application for licensure as a disposition
321	321	5 authority shall be in writing on forms furnished by the
322	322	6 Comptroller. Applications shall be accompanied by a fee of
323	323	7 $100 and shall contain all of the following:
324	324	8 (1) the full name and address, both residence and
325	325	9 business, of the applicant if the applicant is an
326	326	10 individual; the full name and address of every member if
327	327	11 the applicant is a partnership; the full name and address
328	328	12 of every member of the board of directors if the applicant
329	329	13 is an association; and the name and address of every
330	330	14 officer, director, and shareholder holding more than 25%
331	331	15 of the corporate stock if the applicant is a corporation;
332	332	16 (2) the address and location of the natural organic
333	333	17 reduction facility;
334	334	18 (3) a description of the type of structure, equipment,
335	335	19 and technical process to be used in the operation of the
336	336	20 natural organic reduction facility; and
337	337	21 (4) any further information that the Comptroller
338	338	22 reasonably may require.
339	339	23 (e) Each disposition authority shall file an annual report
340	340	24 with the Comptroller, accompanied with a $25 fee plus $5 for
341	341	25 each natural organic reduction performed that calendar year,
342	342	26 providing (i) an affidavit signed by the owner of the natural
343	343
344	344
345	345
346	346
347	347
348	348	SB2383 - 9 - LRB104 06219 AAS 16254 b
349	349
350	350
351	351	SB2383- 10 -LRB104 06219 AAS 16254 b SB2383 - 10 - LRB104 06219 AAS 16254 b
352	352	SB2383 - 10 - LRB104 06219 AAS 16254 b
353	353	1 organic reduction facility that at the time of the report the
354	354	2 natural organic reduction device was in proper operating
355	355	3 condition and all annual recommended maintenance by the
356	356	4 manufacturer was performed, (ii) the total number of all
357	357	5 natural organic reduction performed at the natural organic
358	358	6 reduction facility during the past year, (iii) attestation by
359	359	7 the licensee that all applicable permits and certifications
360	360	8 are valid, (iv) either (A) any changes required in the
361	361	9 information provided under subsection (d) or (B) an indication
362	362	10 that no changes have occurred, and (v) any other information
363	363	11 that the Comptroller may require. The annual report shall be
364	364	12 filed by a disposition authority on or before March 15 of each
365	365	13 calendar year. If the fiscal year of a disposition authority
366	366	14 is other than on a calendar year basis, then the disposition
367	367	15 authority shall file the report required by this Section
368	368	16 within 75 days after the end of its fiscal year. If a
369	369	17 disposition authority fails to submit an annual report to the
370	370	18 Comptroller within the time specified in this Section, the
371	371	19 Comptroller shall impose upon a disposition authority a
372	372	20 penalty of $5 for each and every day the disposition authority
373	373	21 remains delinquent in submitting the annual report. The
374	374	22 Comptroller may abate all or part of the $5 daily penalty for
375	375	23 good cause shown. The $25 annual report fee shall be deposited
376	376	24 into the Comptroller's Administrative Fund. The $5 fee for
377	377	25 each natural organic reduction performed shall be deposited
378	378	26 into the Cemetery Consumer Protection Fund.
379	379
380	380
381	381
382	382
383	383
384	384	SB2383 - 10 - LRB104 06219 AAS 16254 b
385	385
386	386
387	387	SB2383- 11 -LRB104 06219 AAS 16254 b SB2383 - 11 - LRB104 06219 AAS 16254 b
388	388	SB2383 - 11 - LRB104 06219 AAS 16254 b
389	389	1 (f) All records required to be maintained under this Act,
390	390	2 including, but not limited to, those relating to the license
391	391	3 and annual report of the disposition authority required to be
392	392	4 filed under this Section, shall be subject to inspection by
393	393	5 the Comptroller upon reasonable notice.
394	394	6 (g) The Comptroller may inspect a natural organic
395	395	7 reduction facility record at the disposition authority's place
396	396	8 of business to review the licensee's compliance with this Act.
397	397	9 The Comptroller may charge a fee for the inspection of $100 to
398	398	10 the licensee. The inspection must include verification that:
399	399	11 (1) the disposition authority has complied with
400	400	12 recordkeeping requirements of this Act;
401	401	13 (2) a natural organic reduction device operator's
402	402	14 certification of training and the required continuing
403	403	15 education certification is conspicuously displayed at the
404	404	16 natural organic reduction facility;
405	405	17 (3) the disposition authority is in compliance with
406	406	18 local zoning requirements;
407	407	19 (4) the disposition authority license issued by the
408	408	20 Comptroller is conspicuously displayed at the natural
409	409	21 organic reduction facility; and
410	410	22 (5) other details as determined by rule.
411	411	23 (h) Every license issued hereunder shall be renewed every
412	412	24 5 years for a renewal fee of $100. The renewal fee shall be
413	413	25 deposited into the Comptroller's Administrative Fund. The
414	414	26 Comptroller, upon the request of an interested person or on
415	415
416	416
417	417
418	418
419	419
420	420	SB2383 - 11 - LRB104 06219 AAS 16254 b
421	421
422	422
423	423	SB2383- 12 -LRB104 06219 AAS 16254 b SB2383 - 12 - LRB104 06219 AAS 16254 b
424	424	SB2383 - 12 - LRB104 06219 AAS 16254 b
425	425	1 his or her own motion, may issue new licenses to a licensee
426	426	2 whose license or licenses have been revoked, if no factor or
427	427	3 condition then exists which would have warranted the
428	428	4 Comptroller to originally refuse the issuance of such license.
429	429	5 Section 25. Grounds for denial or discipline.
430	430	6 (a) In this Section, "applicant" means a person who has
431	431	7 applied for a license under this Act, including those persons
432	432	8 whose names are listed on a license application in Section 20
433	433	9 of this Act.
434	434	10 (b) The Comptroller may refuse to issue a license, place
435	435	11 on probation, reprimand, or take other disciplinary action
436	436	12 that the Comptroller may deem appropriate, including imposing
437	437	13 fines not to exceed $5,000 for each violation, with regard to
438	438	14 any license under this Act, or may suspend or revoke a license
439	439	15 issued under this Act, on any of the following grounds:
440	440	16 (1) The applicant or licensee has made any
441	441	17 misrepresentation or false statement or concealed any
442	442	18 material fact in furnishing information to the
443	443	19 Comptroller.
444	444	20 (2) The applicant or licensee has been engaged in
445	445	21 fraudulent business practices.
446	446	22 (3) The applicant or licensee has refused to give
447	447	23 information required under this Act to be disclosed to the
448	448	24 Comptroller or failing, within 30 days, to provide
449	449	25 information in response to a written request made by the
450	450
451	451
452	452
453	453
454	454
455	455	SB2383 - 12 - LRB104 06219 AAS 16254 b
456	456
457	457
458	458	SB2383- 13 -LRB104 06219 AAS 16254 b SB2383 - 13 - LRB104 06219 AAS 16254 b
459	459	SB2383 - 13 - LRB104 06219 AAS 16254 b
460	460	1 Comptroller.
461	461	2 (4) Engaging in dishonorable, unethical, or
462	462	3 unprofessional conduct of a character likely to deceive,
463	463	4 defraud, or harm the public.
464	464	5 (5) As to any individual listed in the license
465	465	6 application as required under Section 20, that individual
466	466	7 has conducted or is about to conduct any natural organic
467	467	8 reduction business on behalf of the applicant in a
468	468	9 fraudulent manner or has been convicted of any felony or
469	469	10 misdemeanor an essential element of which is fraud.
470	470	11 (6) The applicant or licensee has failed to make the
471	471	12 annual report required by this Act or to comply with a
472	472	13 final order, decision, or finding of the Comptroller made
473	473	14 under this Act.
474	474	15 (7) The applicant or licensee, including any member,
475	475	16 officer, or director of the applicant or licensee if the
476	476	17 applicant or licensee is a firm, partnership, association,
477	477	18 or corporation and including any shareholder holding more
478	478	19 than 25% of the corporate stock of the applicant or
479	479	20 licensee, has violated any provision of this Act or any
480	480	21 regulation or order made by the Comptroller under this
481	481	22 Act.
482	482	23 (8) The Comptroller finds any fact or condition
483	483	24 existing that, if it had existed at the time of the
484	484	25 original application for a license under this Act, would
485	485	26 have warranted the Comptroller in refusing the issuance of
486	486
487	487
488	488
489	489
490	490
491	491	SB2383 - 13 - LRB104 06219 AAS 16254 b
492	492
493	493
494	494	SB2383- 14 -LRB104 06219 AAS 16254 b SB2383 - 14 - LRB104 06219 AAS 16254 b
495	495	SB2383 - 14 - LRB104 06219 AAS 16254 b
496	496	1 the license.
497	497	2 (9) Any violation of this Act or of the rules adopted
498	498	3 under this Act.
499	499	4 (10) Incompetence.
500	500	5 (11) Gross malpractice.
501	501	6 (12) Discipline by another state, District of
502	502	7 Columbia, territory, or foreign nation, if at least one of
503	503	8 the grounds for the discipline is the same or
504	504	9 substantially equivalent to those set forth in this
505	505	10 Section.
506	506	11 (13) Directly or indirectly giving to or receiving
507	507	12 from any person, firm, corporation, partnership, or
508	508	13 association any fee, commission, rebate, or other form of
509	509	14 compensation for professional services not actually or
510	510	15 personally rendered.
511	511	16 (14) A finding by the Comptroller that the licensee,
512	512	17 after having its license placed on probationary status,
513	513	18 has violated the terms of probation.
514	514	19 (15) Willfully making or filing false records or
515	515	20 reports, including, but not limited to, false records
516	516	21 filed with State agencies or departments.
517	517	22 (16) Gross, willful, or continued overcharging for
518	518	23 professional services, including filing false statements
519	519	24 for collection of fees for which services are not
520	520	25 rendered.
521	521	26 (17) Practicing under a false or, except as provided
522	522
523	523
524	524
525	525
526	526
527	527	SB2383 - 14 - LRB104 06219 AAS 16254 b
528	528
529	529
530	530	SB2383- 15 -LRB104 06219 AAS 16254 b SB2383 - 15 - LRB104 06219 AAS 16254 b
531	531	SB2383 - 15 - LRB104 06219 AAS 16254 b
532	532	1 by law, an assumed name.
533	533	2 (18) Cheating on or attempting to subvert this Act's
534	534	3 licensing application process.
535	535	4 Section 30. License revocation or suspension; surrender of
536	536	5 license. Upon the revocation or suspension of a license issued
537	537	6 under this Act, the licensee must immediately surrender the
538	538	7 license to the Comptroller. If the licensee fails to do so, the
539	539	8 Comptroller may seize the license.
540	540	9 Section 35. Surrender of license; effect on licensee's
541	541	10 liability. A licensee may surrender a license issued under
542	542	11 this Act by delivering to the Comptroller a written notice
543	543	12 stating that the licensee thereby surrenders the license, but
544	544	13 such a surrender does not affect the licensee's civil or
545	545	14 criminal liability for acts committed before the surrender.
546	546	15 Section 40. License; display; transfer; duration.
547	547	16 (a) Every license issued under this Act must state the
548	548	17 number of the license, the business name and address of the
549	549	18 licensee's principal place of business, and the licensee's
550	550	19 parent company, if any. The license must be conspicuously
551	551	20 posted in the place of business operating under the license.
552	552	21 (b) After initial licensure, if any person comes to obtain
553	553	22 at least 51% of the ownership over the natural organic
554	554	23 reduction facility, then the disposition authority shall apply
555	555
556	556
557	557
558	558
559	559
560	560	SB2383 - 15 - LRB104 06219 AAS 16254 b
561	561
562	562
563	563	SB2383- 16 -LRB104 06219 AAS 16254 b SB2383 - 16 - LRB104 06219 AAS 16254 b
564	564	SB2383 - 16 - LRB104 06219 AAS 16254 b
565	565	1 for a new license in the required time as set out by rule.
566	566	2 (c) Every license issued under this Act shall remain in
567	567	3 force until it has been surrendered, suspended, or revoked in
568	568	4 accordance with this Act. Upon the request of an interested
569	569	5 person or on the Comptroller's own motion, the Comptroller may
570	570	6 issue a new license to a licensee whose license has been
571	571	7 revoked under this Act if no factor or condition then exists
572	572	8 which would have warranted the Comptroller in originally
573	573	9 refusing the issuance of the license.
574	574	10 Section 45. Authorizing agent. The priority of the person
575	575	11 or persons who have the right to serve as the authorizing agent
576	576	12 for natural organic reduction is in the same priority as
577	577	13 provided for in Section 5 of the Disposition of Remains Act.
578	578	14 Section 50. Natural organic reduction only in a natural
579	579	15 organic reduction facility. An individual or a person,
580	580	16 cemetery, crematory, funeral establishment, corporation,
581	581	17 partnership, joint venture, voluntary organization, or other
582	582	18 entity may reduce human remains only in a natural organic
583	583	19 reduction facility operated by a disposition authority
584	584	20 licensed for this purpose and only under the limitations
585	585	21 provided in this Act.
586	586	22 Section 55. Authorization for natural organic reduction.
587	587	23 (a) A disposition authority shall not reduce human remains
588	588
589	589
590	590
591	591
592	592
593	593	SB2383 - 16 - LRB104 06219 AAS 16254 b
594	594
595	595
596	596	SB2383- 17 -LRB104 06219 AAS 16254 b SB2383 - 17 - LRB104 06219 AAS 16254 b
597	597	SB2383 - 17 - LRB104 06219 AAS 16254 b
598	598	1 by natural organic reduction until it has received all of the
599	599	2 following:
600	600	3 (1) a natural organic reduction authorization form
601	601	4 signed by the authorizing agent. The natural organic
602	602	5 reduction authorization form shall be provided by the
603	603	6 disposition authority and shall contain, at a minimum, the
604	604	7 following information:
605	605	8 (A) the identity of the human remains and the time
606	606	9 and date of death;
607	607	10 (B) the name of the funeral director and funeral
608	608	11 establishment, if applicable, that obtained the
609	609	12 natural organic reduction authorization;
610	610	13 (C) notification as to whether the death occurred
611	611	14 from a disease declared by the Illinois Department of
612	612	15 Health to be infectious, contagious, communicable, or
613	613	16 dangerous to the public health and as to whether the
614	614	17 deceased was treated with nuclear medicine and whether
615	615	18 any of the following apply:
616	616	19 (i) a prion disease infection, mycobacterium
617	617	20 tuberculosis infection, or Ebola virus disease
618	618	21 infection;
619	619	22 (ii) a contagious disease infection which may
620	620	23 be a public health hazard as identified by the
621	621	24 local health officer or medical examiner;
622	622	25 (iii) a radioactive seed implant within 30
623	623	26 days of death until such time that 30 days have
624	624
625	625
626	626
627	627
628	628
629	629	SB2383 - 17 - LRB104 06219 AAS 16254 b
630	630
631	631
632	632	SB2383- 18 -LRB104 06219 AAS 16254 b SB2383 - 18 - LRB104 06219 AAS 16254 b
633	633	SB2383 - 18 - LRB104 06219 AAS 16254 b
634	634	1 elapsed or the organ containing the seed or seeds
635	635	2 has been removed;
636	636	3 (iv) containing a nuclear pacemaker until such
637	637	4 time that the nuclear pacemaker is removed; or
638	638	5 (v) perishing as a result of a radiologic
639	639	6 incident or accident, unless a written release is
640	640	7 provided by the Department of Health Office of
641	641	8 Radiation Protection or other state or federal
642	642	9 agency in charge of the response to the
643	643	10 radiological incident or accident.
644	644	11 (D) the name of the authorizing agent and the
645	645	12 relationship between the authorizing agent and the
646	646	13 decedent;
647	647	14 (E) a representation that the authorizing agent
648	648	15 does in fact have the right to authorize the natural
649	649	16 organic reduction of the decedent, and that the
650	650	17 authorizing agent is not aware of any living person
651	651	18 who has a superior priority right to that of the
652	652	19 authorizing agent, as set forth in Section 45. In the
653	653	20 event there is another living person who has a
654	654	21 superior priority right to that of the authorizing
655	655	22 agent, the form shall contain a representation that
656	656	23 the authorizing agent has made all reasonable efforts
657	657	24 to contact that person, has been unable to do so, and
658	658	25 has no reason to believe that the person would object
659	659	26 to the natural organic reduction of the decedent;
660	660
661	661
662	662
663	663
664	664
665	665	SB2383 - 18 - LRB104 06219 AAS 16254 b
666	666
667	667
668	668	SB2383- 19 -LRB104 06219 AAS 16254 b SB2383 - 19 - LRB104 06219 AAS 16254 b
669	669	SB2383 - 19 - LRB104 06219 AAS 16254 b
670	670	1 (F) authorization for the disposition authority to
671	671	2 reduce the human remains by natural organic reduction;
672	672	3 (G) a representation that the human remains do not
673	673	4 contain any other material or implant that may be
674	674	5 potentially hazardous or cause damage to the natural
675	675	6 organic reduction chamber or the person performing the
676	676	7 natural organic reduction;
677	677	8 (H) the name of the person authorized to receive
678	678	9 the reduced remains from the disposition authority;
679	679	10 (I) the manner in which final disposition of the
680	680	11 reduced human remains is to take place, if known. If
681	681	12 the reduction authorization form does not specify
682	682	13 final disposition in a grave, crypt, niche, or
683	683	14 scattering area, then the form may indicate that the
684	684	15 reduced human remains will be held by the disposition
685	685	16 authority for 30 days before they are released, unless
686	686	17 they are picked up from the disposition authority
687	687	18 prior to that time, in person, by the authorizing
688	688	19 agent with prior consent from the authorizing agent.
689	689	20 At the end of the 60 days the disposition authority may
690	690	21 return the reduced human remains to the authorizing
691	691	22 agent if no final disposition arrangements are made;
692	692	23 or at the end of 60 days the disposition authority may
693	693	24 dispose of the reduced human remains in accordance
694	694	25 with this subsection (e) of Section 75;
695	695	26 (J) a listing of any items of value to be delivered
696	696
697	697
698	698
699	699
700	700
701	701	SB2383 - 19 - LRB104 06219 AAS 16254 b
702	702
703	703
704	704	SB2383- 20 -LRB104 06219 AAS 16254 b SB2383 - 20 - LRB104 06219 AAS 16254 b
705	705	SB2383 - 20 - LRB104 06219 AAS 16254 b
706	706	1 to the disposition authority along with the human
707	707	2 remains, and instructions as to how the items should
708	708	3 be handled;
709	709	4 (K) a specific statement as to whether the
710	710	5 authorizing agent has made arrangements for any type
711	711	6 of viewing of the decedent before natural organic
712	712	7 reduction or for a service with the decedent present
713	713	8 before natural organic reduction in connection with
714	714	9 the natural organic reduction, and if so, the date and
715	715	10 time of the viewing or service and whether the
716	716	11 disposition authority is authorized to proceed with
717	717	12 the natural organic reduction upon receipt of the
718	718	13 human remains;
719	719	14 (L) the signature of the authorizing agent,
720	720	15 attesting to the accuracy of all representations
721	721	16 contained on the natural organic reduction
722	722	17 authorization form, except as set forth in paragraph
723	723	18 (M) of this subsection;
724	724	19 (M) if a natural organic reduction form is being
725	725	20 executed on a preneed basis, the natural organic
726	726	21 reduction authorization form shall contain the
727	727	22 disclosure required by subsection (b) of Section 125;
728	728	23 and
729	729	24 (N) the natural organic reduction authorization
730	730	25 form, other than preneed natural organic reduction
731	731	26 forms, shall also be signed by a funeral director or
732	732
733	733
734	734
735	735
736	736
737	737	SB2383 - 20 - LRB104 06219 AAS 16254 b
738	738
739	739
740	740	SB2383- 21 -LRB104 06219 AAS 16254 b SB2383 - 21 - LRB104 06219 AAS 16254 b
741	741	SB2383 - 21 - LRB104 06219 AAS 16254 b
742	742	1 other representative of the disposition authority that
743	743	2 obtained the natural organic reduction authorization.
744	744	3 That individual shall merely execute the natural
745	745	4 organic reduction authorization form and shall not be
746	746	5 responsible for any of the representations made by the
747	747	6 authorizing agent, unless the individual has actual
748	748	7 knowledge to the contrary. The information requested
749	749	8 by subparagraphs (A), (B), (C), and (G) of this
750	750	9 subsection, however, shall be considered to be
751	751	10 representations of the authorizing agent. The funeral
752	752	11 director or funeral establishment shall warrant to the
753	753	12 natural organic reduction facility that the human
754	754	13 remains delivered to the disposition authority are the
755	755	14 human remains identified on the natural organic
756	756	15 reduction authorization form.
757	757	16 (2) a completed and executed burial transit permit
758	758	17 indicating that the human remains are to be reduced; and
759	759	18 (3) any other documentation required by this State.
760	760	19 (b) If an authorizing agent is not available to execute a
761	761	20 natural organic reduction authorization form in person, that
762	762	21 person may use an electronic signature. The disposition
763	763	22 authority, funeral director, and funeral establishment shall
764	764	23 be entitled to rely upon the natural organic reduction
765	765	24 authorization form without liability.
766	766	25 (c) An authorizing agent who signs a natural organic
767	767	26 reduction authorization form shall be deemed to warrant the
768	768
769	769
770	770
771	771
772	772
773	773	SB2383 - 21 - LRB104 06219 AAS 16254 b
774	774
775	775
776	776	SB2383- 22 -LRB104 06219 AAS 16254 b SB2383 - 22 - LRB104 06219 AAS 16254 b
777	777	SB2383 - 22 - LRB104 06219 AAS 16254 b
778	778	1 truthfulness of any facts set forth on the natural organic
779	779	2 reduction authorization form, including that person's
780	780	3 authority to order the natural organic reduction, except for
781	781	4 the information required by subparagraphs (C) and (G) of
782	782	5 paragraph (1) of subsection (a) of this Section, unless the
783	783	6 authorizing agent has actual knowledge to the contrary. An
784	784	7 authorizing agent signing a natural organic reduction
785	785	8 authorization form shall be personally and individually liable
786	786	9 for all damages occasioned by and resulting from authorizing
787	787	10 the natural organic reduction.
788	788	11 (d) A disposition authority shall have authority to reduce
789	789	12 human remains upon the receipt of a natural organic reduction
790	790	13 authorization form signed by an authorizing agent. There shall
791	791	14 be no liability for the natural organic reduction disposition
792	792	15 authority according to a natural organic reduction
793	793	16 authorization, or that releases or disposes of the reduced
794	794	17 human remains according to a natural organic reduction
795	795	18 authorization, except for a disposition authority's gross
796	796	19 negligence, provided that the disposition authority performs
797	797	20 its functions in compliance with this Act.
798	798	21 (e) After an authorizing agent has executed a natural
799	799	22 organic reduction authorization form and before the natural
800	800	23 organic reduction process has started, the authorizing agent
801	801	24 may revoke the authorization and instruct the disposition
802	802	25 authority to cancel the natural organic reduction and to
803	803	26 release or deliver the human remains to another disposition
804	804
805	805
806	806
807	807
808	808
809	809	SB2383 - 22 - LRB104 06219 AAS 16254 b
810	810
811	811
812	812	SB2383- 23 -LRB104 06219 AAS 16254 b SB2383 - 23 - LRB104 06219 AAS 16254 b
813	813	SB2383 - 23 - LRB104 06219 AAS 16254 b
814	814	1 authority or funeral establishment. The instructions shall be
815	815	2 provided to the disposition authority in writing. A
816	816	3 disposition authority shall honor any instructions given to it
817	817	4 by an authorizing agent under this Section if it receives the
818	818	5 instructions prior to beginning the reduction of the human
819	819	6 remains.
820	820	7 Section 60. Performance of natural organic reduction
821	821	8 services; training. The handling of the human remains upon
822	822	9 arrival at disposition authority including placement into the
823	823	10 natural organic reduction chamber and until the reduction
824	824	11 inside the chamber is complete shall be under the immediate
825	825	12 direct supervision of a licensed funeral director or licensed
826	826	13 funeral director and embalmer. Natural organic reduction
827	827	14 operators who have received training and received
828	828	15 certification by a program recognized by the Comptroller may
829	829	16 handle remains after completed reduction, including
830	830	17 processing, pulverization, and placement of soil into urn. The
831	831	18 disposition authority must conspicuously display the
832	832	19 certification at the disposition authority's place of
833	833	20 business. A continuing education natural organic reduction
834	834	21 course of at least 2 hours in length from a recognized provider
835	835	22 must be completed every 5 years by each person performing a
836	836	23 natural organic reduction service. For the purposes of this
837	837	24 Act, the Comptroller may recognize any training program that
838	838	25 provides training in the operation of a natural organic
839	839
840	840
841	841
842	842
843	843
844	844	SB2383 - 23 - LRB104 06219 AAS 16254 b
845	845
846	846
847	847	SB2383- 24 -LRB104 06219 AAS 16254 b SB2383 - 24 - LRB104 06219 AAS 16254 b
848	848	SB2383 - 24 - LRB104 06219 AAS 16254 b
849	849	1 reduction device, in the maintenance of a clean facility, and
850	850	2 in the proper handling of human remains. The Comptroller may
851	851	3 recognize any course that is conducted by a death care trade
852	852	4 association in the State or the United States for natural
853	853	5 organic reduction or by a manufacturer of a natural organic
854	854	6 reduction unit that is consistent with the standards provided
855	855	7 in this Act or as otherwise determined by rule.
856	856	8 Section 65. Recordkeeping.
857	857	9 (a) The disposition authority shall furnish to the funeral
858	858	10 director who delivers human remains to the disposition
859	859	11 authority a receipt signed at the time of delivery by both the
860	860	12 disposition authority and the funeral director who delivers
861	861	13 the human remains, showing the date and time of the delivery,
862	862	14 the type of alternative container or external wrapping that
863	863	15 was delivered, the name of the person from whom the human
864	864	16 remains were received and the name of the funeral
865	865	17 establishment or other entity with whom the person is
866	866	18 affiliated, the name of the person who received the human
867	867	19 remains on behalf of the disposition authority, and the name
868	868	20 of the decedent. The disposition authority shall retain a copy
869	869	21 of this receipt in its permanent records.
870	870	22 (b) Upon its release of the reduced human remains, the
871	871	23 disposition authority shall furnish to the person who receives
872	872	24 the reduced human remains from the disposition authority a
873	873	25 receipt signed by both the disposition authority and the
874	874
875	875
876	876
877	877
878	878
879	879	SB2383 - 24 - LRB104 06219 AAS 16254 b
880	880
881	881
882	882	SB2383- 25 -LRB104 06219 AAS 16254 b SB2383 - 25 - LRB104 06219 AAS 16254 b
883	883	SB2383 - 25 - LRB104 06219 AAS 16254 b
884	884	1 person who receives the natural organic reduction remains,
885	885	2 showing the date and time of the release, the name of the
886	886	3 person to whom the reduced human remains were released and the
887	887	4 name of the funeral establishment, cemetery, or other entity
888	888	5 with whom the person is affiliated, the name of the person who
889	889	6 released the reduced human remains on behalf of the
890	890	7 disposition authority, the name of the decedent, and the
891	891	8 estimated volume of reduced human remains. The natural organic
892	892	9 reduction facility shall retain a copy of this receipt in its
893	893	10 permanent records.
894	894	11 (c) A disposition authority shall maintain at its place of
895	895	12 business a permanent record of each natural organic reduction
896	896	13 that took place at its facility which shall contain the name of
897	897	14 the decedent, the date of the natural organic reduction, the
898	898	15 estimated volume of the reduced human remains, and the final
899	899	16 disposition of the reduced human remains.
900	900	17 (d) The disposition authority shall maintain a record of
901	901	18 all reduced human remains disposed of by the disposition
902	902	19 authority in accordance with subsection (d) of Section 75.
903	903	20 (e) Upon completion of the natural organic reduction, the
904	904	21 disposition authority shall file the burial transit permit as
905	905	22 required by the Illinois Vital Records Act and rules adopted
906	906	23 under that Act and the Illinois Counties Code, and transmit a
907	907	24 photocopy of the burial transit permit along with the reduced
908	908	25 human remains to whoever receives the reduced human remains
909	909	26 from the authorizing agent unless the reduced human remains
910	910
911	911
912	912
913	913
914	914
915	915	SB2383 - 25 - LRB104 06219 AAS 16254 b
916	916
917	917
918	918	SB2383- 26 -LRB104 06219 AAS 16254 b SB2383 - 26 - LRB104 06219 AAS 16254 b
919	919	SB2383 - 26 - LRB104 06219 AAS 16254 b
920	920	1 are to be interred, entombed, inurned, or placed in a
921	921	2 scattering area, in which case the disposition authority shall
922	922	3 retain a copy of the burial transit permit and shall send the
923	923	4 permit, along with the reduced human remains, to the cemetery,
924	924	5 which shall file the permit with the designated agency after
925	925	6 the interment, entombment, inurnment, or scattering has taken
926	926	7 place.
927	927	8 (f) All cemeteries shall maintain a record of all reduced
928	928	9 human remains that are disposed of on their property, provided
929	929	10 that the reduced human remains were properly transferred to
930	930	11 the cemetery and the cemetery issued a receipt acknowledging
931	931	12 the transfer of the reduced human remains.
932	932	13 Section 70. Natural organic reduction procedures.
933	933	14 (a) Human remains shall not be reduced within 24 hours
934	934	15 after the time of death, as indicated on the Medical
935	935	16 Examiner's or Coroner's Certificate of Death. In any death,
936	936	17 the human remains shall not be reduced by the disposition
937	937	18 authority until a natural organic reduction permit has been
938	938	19 received from the coroner or medical examiner of the county in
939	939	20 which the death occurred and the disposition authority has
940	940	21 received a natural organic reduction authorization form,
941	941	22 executed by an authorizing agent, in accordance with the
942	942	23 provisions of Section 60 of this Act. In no instance, however,
943	943	24 shall the lapse of time between the death and the natural
944	944	25 organic reduction be less than 24 hours, unless because of a
945	945
946	946
947	947
948	948
949	949
950	950	SB2383 - 26 - LRB104 06219 AAS 16254 b
951	951
952	952
953	953	SB2383- 27 -LRB104 06219 AAS 16254 b SB2383 - 27 - LRB104 06219 AAS 16254 b
954	954	SB2383 - 27 - LRB104 06219 AAS 16254 b
955	955	1 religious requirement.
956	956	2 (b) Except as set forth in subsection (a), a disposition
957	957	3 authority shall have the right to schedule the natural organic
958	958	4 reduction to be performed at its own convenience, at any time
959	959	5 after the human remains have been delivered to the disposition
960	960	6 authority, unless the disposition authority has received
961	961	7 specific instructions to the contrary on the natural organic
962	962	8 reduction authorization form.
963	963	9 (c) No disposition authority shall reduce human remains
964	964	10 when it has actual knowledge that human remains contain
965	965	11 material or implant that may be potentially hazardous to the
966	966	12 person performing the natural organic reduction.
967	967	13 (d) No disposition authority shall accept embalmed remains
968	968	14 or remains that were treated with nuclear medicine for natural
969	969	15 organic reduction. No disposition authority should reduce
970	970	16 human remains if the human remains are confirmed to have or
971	971	17 suspected of having one or more of the following conditions:
972	972	18 (1) a prion disease infection, mycobacterium
973	973	19 tuberculosis infection, or Ebola virus disease infection;
974	974	20 (2) a contagious disease infection which may be a
975	975	21 public health hazard as identified by the Illinois
976	976	22 Department of Health, local health officer, or medical
977	977	23 examiner;
978	978	24 (3) a radioactive seed implant within 30 days of death
979	979	25 until such time that 30 days have elapsed or the organ
980	980	26 containing the seed or seeds have been removed;
981	981
982	982
983	983
984	984
985	985
986	986	SB2383 - 27 - LRB104 06219 AAS 16254 b
987	987
988	988
989	989	SB2383- 28 -LRB104 06219 AAS 16254 b SB2383 - 28 - LRB104 06219 AAS 16254 b
990	990	SB2383 - 28 - LRB104 06219 AAS 16254 b
991	991	1 (4) containing a nuclear pacemaker until such time
992	992	2 that the nuclear pacemaker is removed;
993	993	3 (5) perishing as a result of a radiologic incident or
994	994	4 accident, unless a written release is provided by the
995	995	5 Department of Health Office of Radiation Protection or
996	996	6 other state or federal agency in charge of the response to
997	997	7 the radiological incident or accident; or
998	998	8 (6) embalmed.
999	999	9 (e) Whenever a disposition authority is unable or
1000	1000	10 unauthorized to reduce human remains immediately upon taking
1001	1001	11 custody of the remains, the disposition authority shall place
1002	1002	12 the human remains in an operable refrigeration unit with
1003	1003	13 cleanable, noncorrosive interior and exterior finishes. The
1004	1004	14 unit must be capable of maintaining a temperature of less than
1005	1005	15 40 degrees Fahrenheit or below and of holding at least 3
1006	1006	16 bodies. For purposes of this Section, "immediately upon taking
1007	1007	17 custody" means within 24 hours of taking custody. The
1008	1008	18 disposition authority must notify the authorizing agent of the
1009	1009	19 reasons for delay in the natural organic reduction if a
1010	1010	20 properly authorized natural organic reduction is not performed
1011	1011	21 within any time period expressly contemplated in the
1012	1012	22 authorization.
1013	1013	23 (f) A disposition authority shall not accept an
1014	1014	24 alternative container or external wrapping from which there is
1015	1015	25 any evidence of the leakage of body fluids.
1016	1016	26 (g) A disposition authority shall not reduce the remains
1017	1017
1018	1018
1019	1019
1020	1020
1021	1021
1022	1022	SB2383 - 28 - LRB104 06219 AAS 16254 b
1023	1023
1024	1024
1025	1025	SB2383- 29 -LRB104 06219 AAS 16254 b SB2383 - 29 - LRB104 06219 AAS 16254 b
1026	1026	SB2383 - 29 - LRB104 06219 AAS 16254 b
1027	1027	1 of more than one person at the same time and in the same
1028	1028	2 reduction chamber or introduce the remains of a second person
1029	1029	3 into the reduction chamber until the reduction of preceding
1030	1030	4 remains has been terminated and reasonable efforts have been
1031	1031	5 employed to remove all fragments of preceding remains. The
1032	1032	6 fact that there is residue in the reduction chamber or other
1033	1033	7 equipment or a container used in a prior reduction does not
1034	1034	8 violate this Section.
1035	1035	9 (h) No unauthorized person shall be permitted in the
1036	1036	10 holding facility or natural organic reduction room while any
1037	1037	11 human remains are being held there awaiting natural organic
1038	1038	12 reduction, being reduced, or being removed from the reduction
1039	1039	13 chamber.
1040	1040	14 (i) A disposition authority shall not remove any dental
1041	1041	15 gold, body parts, organs, or any item of value prior to or
1042	1042	16 subsequent to a natural organic reduction without previously
1043	1043	17 having received specific written authorization from the
1044	1044	18 authorizing agent and written instructions for the delivery of
1045	1045	19 these items to the authorizing agent. Under no circumstances
1046	1046	20 shall a disposition authority profit from making or assisting
1047	1047	21 in any removal of valuables.
1048	1048	22 (j) In instances when the remains of deceased human beings
1049	1049	23 are to be delivered to a natural organic reduction facility in
1050	1050	24 a casket that is not to be organically reduced with the
1051	1051	25 deceased, timely disclosure thereof must be made by the person
1052	1052	26 making the funeral arrangements to the natural organic
1053	1053
1054	1054
1055	1055
1056	1056
1057	1057
1058	1058	SB2383 - 29 - LRB104 06219 AAS 16254 b
1059	1059
1060	1060
1061	1061	SB2383- 30 -LRB104 06219 AAS 16254 b SB2383 - 30 - LRB104 06219 AAS 16254 b
1062	1062	SB2383 - 30 - LRB104 06219 AAS 16254 b
1063	1063	1 reduction facility that prior to the natural organic reduction
1064	1064	2 the remains of the deceased human being shall be transferred
1065	1065	3 to an alternative container. Such signed acknowledgment of the
1066	1066	4 authorizing person, that the timely disclosure has been made,
1067	1067	5 shall be retained by the natural organic reduction facility in
1068	1068	6 its permanent records.
1069	1069	7 (k) A disposition authority shall:
1070	1070	8 (1) ensure that the material in the natural organic
1071	1071	9 reduction chamber naturally reaches and maintains a
1072	1072	10 minimum temperature of 131 degrees Fahrenheit for a
1073	1073	11 minimum of 72 consecutive hours during the process of
1074	1074	12 natural organic reduction;
1075	1075	13 (2) analyze each instance of the reduced human remains
1076	1076	14 for physical contaminants, including, but not limited to,
1077	1077	15 intact bone, dental fillings, and medical implants, and
1078	1078	16 ensure reduced human remains have less than 0.01 mg/kg dry
1079	1079	17 weight of any physical contaminants;
1080	1080	18 (3) collect material samples for analysis that are
1081	1081	19 representative of each instance of natural organic
1082	1082	20 reduction, using a sampling method such as those described
1083	1083	21 in the U.S. Composting Council 2002 Test Methods for the
1084	1084	22 Examination of Composting and Compost, method 02.01-A
1085	1085	23 through E;
1086	1086	24 (4) develop and use a natural organic reduction
1087	1087	25 process in which the reduced human remains from the
1088	1088	26 process do not exceed the following limits:
1089	1089
1090	1090
1091	1091
1092	1092
1093	1093
1094	1094	SB2383 - 30 - LRB104 06219 AAS 16254 b
1095	1095
1096	1096
1097	1097
1098	1098
1099	1099	SB2383- 31 -LRB104 06219 AAS 16254 b SB2383 - 31 - LRB104 06219 AAS 16254 b
1100	1100	SB2383 - 31 - LRB104 06219 AAS 16254 b
1101	1101	12Metals and other testing 3parameters Limit (mg/kg dry weight), unless otherwise specified4Fecal coliform5Less than 1,000 most probable number per gram of total solids (dry weight)6Salmonella7Less than 3 most probable number per 4 grams of total solids (dry weight)8ArsenicLess than or equal to 11 ppm9CadmiumLess than or equal to 7.1 ppm10LeadLess than or equal to 150 ppm11MercuryLess than or equal to 5 ppm12SeleniumLess than or equal to 18 ppm; 1 2 Metals and other testing 3 parameters Limit (mg/kg dry weight), unless otherwise specified 4 Fecal coliform 5 Less than 1,000 most probable number per gram of total solids (dry weight) 6 Salmonella 7 Less than 3 most probable number per 4 grams of total solids (dry weight) 8 Arsenic Less than or equal to 11 ppm 9 Cadmium Less than or equal to 7.1 ppm 10 Lead Less than or equal to 150 ppm 11 Mercury Less than or equal to 5 ppm 12 Selenium Less than or equal to 18 ppm;
1102	1102	1
1103	1103	2 Metals and other testing
1104	1104	3 parameters Limit (mg/kg dry weight), unless otherwise specified
1105	1105	4 Fecal coliform
1106	1106	5 Less than 1,000 most probable number per gram of total solids (dry weight)
1107	1107	6 Salmonella
1108	1108	7 Less than 3 most probable number per 4 grams of total solids (dry weight)
1109	1109	8 Arsenic Less than or equal to 11 ppm
1110	1110	9 Cadmium Less than or equal to 7.1 ppm
1111	1111	10 Lead Less than or equal to 150 ppm
1112	1112	11 Mercury Less than or equal to 5 ppm
1113	1113	12 Selenium Less than or equal to 18 ppm;
1114	1114	13 (5) analyze, using a third-party laboratory accredited
1115	1115	14 by the Illinois Environmental Laboratory Accreditation
1116	1116	15 Program or the Illinois Department of Public Health, or an
1117	1117	16 STA Compost-Certified Laboratory, the natural organic
1118	1118	17 reduction facility's material samples of reduced human
1119	1119	18 remains according to the following schedule:
1120	1120	19 (A) the natural organic reduction facility must
1121	1121	20 analyze each of the first 20 instances of reduced
1122	1122	21 human remains for the parameters in paragraph (4) of
1123	1123	22 this subsection (k);
1124	1124
1125	1125
1126	1126
1127	1127
1128	1128
1129	1129	SB2383 - 31 - LRB104 06219 AAS 16254 b
1130	1130
1131	1131	1
1132	1132	2 Metals and other testing
1133	1133	3 parameters Limit (mg/kg dry weight), unless otherwise specified
1134	1134	4 Fecal coliform
1135	1135	5 Less than 1,000 most probable number per gram of total solids (dry weight)
1136	1136	6 Salmonella
1137	1137	7 Less than 3 most probable number per 4 grams of total solids (dry weight)
1138	1138	8 Arsenic Less than or equal to 11 ppm
1139	1139	9 Cadmium Less than or equal to 7.1 ppm
1140	1140	10 Lead Less than or equal to 150 ppm
1141	1141	11 Mercury Less than or equal to 5 ppm
1142	1142	12 Selenium Less than or equal to 18 ppm;
1143	1143
1144	1144
1145	1145	SB2383- 32 -LRB104 06219 AAS 16254 b SB2383 - 32 - LRB104 06219 AAS 16254 b
1146	1146	SB2383 - 32 - LRB104 06219 AAS 16254 b
1147	1147	1 (B) if any of the first 20 instances of reduced
1148	1148	2 human remains yield results exceeding the limits in
1149	1149	3 paragraph (4) of this subsection (k), the natural
1150	1150	4 organic reduction facility must conduct appropriate
1151	1151	5 processes to correct the levels of the substances in
1152	1152	6 paragraph (4) and have the resultant remains tested to
1153	1153	7 ensure they fall within the identified limits;
1154	1154	8 (C) if any of the first 20 instances of reduced
1155	1155	9 human remains yield results exceeding the limits in
1156	1156	10 paragraph (4) of this subsection (k), the natural
1157	1157	11 organic reduction facility must analyze each
1158	1158	12 additional instance of reduced human remains for the
1159	1159	13 parameters in paragraph (4) until a total of 20
1160	1160	14 samples, not including those from remains that were
1161	1161	15 reprocessed as required in subparagraph (B) of this
1162	1162	16 paragraph (5) have yielded results within the limits
1163	1163	17 in paragraph (4) on initial testing;
1164	1164	18 (D) after 20 material samples of reduced human
1165	1165	19 remains have met the limits in paragraph (4) of this
1166	1166	20 subsection (k), the natural organic reduction facility
1167	1167	21 must analyze at least 25% of the natural organic
1168	1168	22 reduction facility's monthly instances of reduced
1169	1169	23 human remains for the parameters in paragraph (4)
1170	1170	24 until 80 total material samples of reduced remains are
1171	1171	25 found to meet the limits in paragraph (4), not
1172	1172	26 including any samples that required reprocessing to
1173	1173
1174	1174
1175	1175
1176	1176
1177	1177
1178	1178	SB2383 - 32 - LRB104 06219 AAS 16254 b
1179	1179
1180	1180
1181	1181	SB2383- 33 -LRB104 06219 AAS 16254 b SB2383 - 33 - LRB104 06219 AAS 16254 b
1182	1182	SB2383 - 33 - LRB104 06219 AAS 16254 b
1183	1183	1 meet those limits; and
1184	1184	2 (E) after 80 material samples of reduced human
1185	1185	3 remains are found to meet the limits in paragraph (4)
1186	1186	4 of this subsection (k), the natural organic reduction
1187	1187	5 facility must analyze at least one randomly chosen
1188	1188	6 instance of reduced human remains each month for the
1189	1189	7 parameters in paragraph (4). If fecal coliform or
1190	1190	8 salmonella in the tested reduced human remains exceeds
1191	1191	9 the limit for that substance in paragraph (4), the
1192	1192	10 natural organic reduction facility must analyze each
1193	1193	11 subsequent instance of reduced human remains for fecal
1194	1194	12 coliform and salmonella until 10 total material
1195	1195	13 samples are found to meet the limits for those
1196	1196	14 substances in paragraph (4) on initial testing,
1197	1197	15 demonstrating the natural organic reduction process
1198	1198	16 was effectively corrected;
1199	1199	17 (6) comply with any testing requirements established
1200	1200	18 by the Comptroller, Department of Public Health, or local
1201	1201	19 health department for content parameters in addition to
1202	1202	20 those specified in paragraph (4) of this subsection (k);
1203	1203	21 (7) not release any reduced human remains that exceed
1204	1204	22 the limits in paragraph (4) of this subsection (k); and
1205	1205	23 (8) prepare, maintain, and provide to the Comptroller
1206	1206	24 a report for each calendar year detailing the natural
1207	1207	25 organic reduction facility's activities during the
1208	1208	26 previous calendar year. The report must include the
1209	1209
1210	1210
1211	1211
1212	1212
1213	1213
1214	1214	SB2383 - 33 - LRB104 06219 AAS 16254 b
1215	1215
1216	1216
1217	1217	SB2383- 34 -LRB104 06219 AAS 16254 b SB2383 - 34 - LRB104 06219 AAS 16254 b
1218	1218	SB2383 - 34 - LRB104 06219 AAS 16254 b
1219	1219	1 following information:
1220	1220	2 (A) the name and address of the natural organic
1221	1221	3 reduction facility;
1222	1222	4 (B) the calendar year covered by the report;
1223	1223	5 (C) the annual quantity of reduced human remains;
1224	1224	6 (D) the results of any laboratory analyses of
1225	1225	7 reduced human remains, including an affirmation that
1226	1226	8 the analysis was prepared in accordance with this
1227	1227	9 subsection (k); and
1228	1228	10 (E) any additional information required by the
1229	1229	11 Comptroller, Department of Public Health, or local
1230	1230	12 health department.
1231	1231	13 (9) The Department of Public Health shall conduct an
1232	1232	14 annual audit of the results of the laboratory analyses of
1233	1233	15 reduced human remains prepared in accordance with
1234	1234	16 paragraph (4) of this subsection (k).
1235	1235	17 (l) Upon the completion of each natural organic reduction,
1236	1236	18 all of the recoverable residue of the reduction process shall
1237	1237	19 be removed from the reduction chamber.
1238	1238	20 (m) If all of the recovered reduced human remains will not
1239	1239	21 fit within the receptacle that has been selected, the
1240	1240	22 remainder of the reduced human remains shall be disposed of in
1241	1241	23 accordance with subsection (i) of Section 55.
1242	1242	24 (n) A disposition authority shall not knowingly represent
1243	1243	25 to an authorizing agent or the agent's designee that a
1244	1244	26 temporary container or urn contains the reduced remains of a
1245	1245
1246	1246
1247	1247
1248	1248
1249	1249
1250	1250	SB2383 - 34 - LRB104 06219 AAS 16254 b
1251	1251
1252	1252
1253	1253	SB2383- 35 -LRB104 06219 AAS 16254 b SB2383 - 35 - LRB104 06219 AAS 16254 b
1254	1254	SB2383 - 35 - LRB104 06219 AAS 16254 b
1255	1255	1 specific decedent when it does not.
1256	1256	2 (o) Reduced human remains shall be shipped only by a
1257	1257	3 method that has an internal tracing system available and that
1258	1258	4 provides a receipt signed by the person accepting delivery.
1259	1259	5 (p) A disposition authority shall maintain an
1260	1260	6 identification system that shall ensure that it shall be able
1261	1261	7 to identify the human remains in its possession throughout all
1262	1262	8 phases of the natural organic reduction process.
1263	1263	9 (q) A disposition authority shall not reduce via natural
1264	1264	10 organic reduction the remains required to be labeled as an
1265	1265	11 infection hazard under 77 Ill. Adm. Code 690.1200(k).
1266	1266	12 (r) In the case of an event where the health of the public
1267	1267	13 may be at risk or there are signs at a facility of a potential
1268	1268	14 health hazard, the Illinois Department of Public Health may be
1269	1269	15 consulted to assess the natural organic reduction facility's
1270	1270	16 compliance with this Act.
1271	1271	17 Section 75. Disposition of reduced human remains.
1272	1272	18 (a) The authorizing agent shall be responsible for the
1273	1273	19 final disposition of the reduced human remains delivered to
1274	1274	20 the authorizing agent. The reduced human remains delivered to
1275	1275	21 the authorizing agent may be disposed of by placing them in a
1276	1276	22 grave, crypt, or niche or by scattering them in a scattering
1277	1277	23 area as defined in this Act.
1278	1278	24 (b) Reduced human remains delivered to the authorizing
1279	1279	25 agent may be integrated into the soil in an area where no local
1280	1280
1281	1281
1282	1282
1283	1283
1284	1284
1285	1285	SB2383 - 35 - LRB104 06219 AAS 16254 b
1286	1286
1287	1287
1288	1288	SB2383- 36 -LRB104 06219 AAS 16254 b SB2383 - 36 - LRB104 06219 AAS 16254 b
1289	1289	SB2383 - 36 - LRB104 06219 AAS 16254 b
1290	1290	1 prohibition exists, provided that the reduced human remains
1291	1291	2 are not distinguishable to the public, are not in a container,
1292	1292	3 and that the person who has control over disposition of the
1293	1293	4 reduced human remains has obtained written permission of the
1294	1294	5 property owner or governing agency to integrate into soil on
1295	1295	6 the property.
1296	1296	7 (c) A State or local agency may adopt an ordinance,
1297	1297	8 regulation, or policy, as appropriate, authorizing or
1298	1298	9 specifically prohibiting the integration of reduced human
1299	1299	10 remains into the soil on lands under the agency's
1300	1300	11 jurisdiction. The integration into the soil of the reduced
1301	1301	12 human remains of more than one person in one location pursuant
1302	1302	13 to this Section does not create a cemetery.
1303	1303	14 (d) Upon the completion of the natural organic reduction
1304	1304	15 process, and except as provided for in subparagraph (I) of
1305	1305	16 paragraph (1) of subsection (a) of Section 55, if the
1306	1306	17 disposition authority has not been instructed to arrange for
1307	1307	18 the interment, entombment, inurnment, or scattering of the
1308	1308	19 reduced human remains, the disposition authority shall deliver
1309	1309	20 the reduced human remains to the individual specified on the
1310	1310	21 natural organic reduction authorization form or, if no
1311	1311	22 individual is specified, then to the authorizing agent. Upon
1312	1312	23 receipt of the reduced human remains, the individual receiving
1313	1313	24 them may transport them in any manner in this State without a
1314	1314	25 permit and may dispose of them in accordance with this
1315	1315	26 Section. After delivery, the disposition authority shall be
1316	1316
1317	1317
1318	1318
1319	1319
1320	1320
1321	1321	SB2383 - 36 - LRB104 06219 AAS 16254 b
1322	1322
1323	1323
1324	1324	SB2383- 37 -LRB104 06219 AAS 16254 b SB2383 - 37 - LRB104 06219 AAS 16254 b
1325	1325	SB2383 - 37 - LRB104 06219 AAS 16254 b
1326	1326	1 discharged from any legal obligation or liability concerning
1327	1327	2 the reduced human remains.
1328	1328	3 (e) If, after a period of 60 days from the date the natural
1329	1329	4 organic reduction process is complete, the authorizing agent
1330	1330	5 or the agent's designee has not instructed the disposition
1331	1331	6 authority to arrange for the final disposition of the reduced
1332	1332	7 human remains, claimed the reduced human remains, or claimed
1333	1333	8 only a portion of the reduced human remains, the disposition
1334	1334	9 authority may dispose of the reduced human remains in a
1335	1335	10 cemetery or on conservation land, which is land that is
1336	1336	11 protected and cannot be built on and that is only used for the
1337	1337	12 conservation of nature. The disposition authority, however,
1338	1338	13 shall keep a permanent record identifying the site of final
1339	1339	14 disposition and the estimated volume of human remains. The
1340	1340	15 authorizing agent shall be responsible for reimbursing the
1341	1341	16 disposition authority for all reasonable expenses incurred in
1342	1342	17 disposing of the reduced human remains. Upon disposing of the
1343	1343	18 reduced human remains, the disposition authority shall be
1344	1344	19 discharged from any legal obligation or liability concerning
1345	1345	20 the reduced remains. Any person who was in possession of
1346	1346	21 reduced remains prior to the effective date of this Act may
1347	1347	22 dispose of them in accordance with this Section.
1348	1348	23 (f) Except with the express written permission of the
1349	1349	24 authorizing agent, no person shall:
1350	1350	25 (1) dispose of reduced human remains in a manner or in
1351	1351	26 a location so that the reduced human remains are
1352	1352
1353	1353
1354	1354
1355	1355
1356	1356
1357	1357	SB2383 - 37 - LRB104 06219 AAS 16254 b
1358	1358
1359	1359
1360	1360	SB2383- 38 -LRB104 06219 AAS 16254 b SB2383 - 38 - LRB104 06219 AAS 16254 b
1361	1361	SB2383 - 38 - LRB104 06219 AAS 16254 b
1362	1362	1 commingled with those of another person; this prohibition
1363	1363	2 shall not apply to the scattering of reduced remains in an
1364	1364	3 area located in a dedicated cemetery or conservation land,
1365	1365	4 which is land that is protected, cannot be built on, and is
1366	1366	5 only used for the conservation of nature; or
1367	1367	6 (2) place reduced human remains of more than one
1368	1368	7 person in the same temporary container or urn.
1369	1369	8 (g) No person shall sell the soil resulting from reduced
1370	1370	9 human remains for commercial purposes.
1371	1371	10 (h) No person shall use the soil resulting from reduced
1372	1372	11 human remains to grow food for human or livestock consumption.
1373	1373	12 Section 80. Limitation of liability.
1374	1374	13 (a) A disposition authority that has received an executed
1375	1375	14 natural organic reduction authorization form that complies
1376	1376	15 with paragraph (1) of subsection (a) of Section 55 and has
1377	1377	16 received any additional documentation required by Section 55
1378	1378	17 shall not be liable for reducing the human remains designated
1379	1379	18 by the natural organic reduction authorization form if the
1380	1380	19 natural organic reduction is performed in accordance with this
1381	1381	20 Act.
1382	1382	21 (b) A disposition authority shall not be liable for
1383	1383	22 refusing to accept human remains or to perform a natural
1384	1384	23 organic reduction until it receives a court order or other
1385	1385	24 suitable confirmation that a dispute has been settled, if:
1386	1386	25 (1) it is aware of any dispute concerning the natural
1387	1387
1388	1388
1389	1389
1390	1390
1391	1391
1392	1392	SB2383 - 38 - LRB104 06219 AAS 16254 b
1393	1393
1394	1394
1395	1395	SB2383- 39 -LRB104 06219 AAS 16254 b SB2383 - 39 - LRB104 06219 AAS 16254 b
1396	1396	SB2383 - 39 - LRB104 06219 AAS 16254 b
1397	1397	1 organic reduction of the human remains;
1398	1398	2 (2) it has a reasonable basis for questioning any of
1399	1399	3 the representations made by the authorizing agent; or
1400	1400	4 (3) it refuses to accept the human remains for any
1401	1401	5 other lawful reason. This provision shall not be construed
1402	1402	6 as placing any affirmative obligation, not otherwise
1403	1403	7 required by law, on any disposition authority to accept
1404	1404	8 any human remains for natural organic reduction.
1405	1405	9 (c) No cemetery shall be liable for any reduced human
1406	1406	10 remains that are dumped, scattered, or otherwise deposited on
1407	1407	11 the cemetery in violation of this Act, if that action is taken
1408	1408	12 without the cemetery's consent.
1409	1409	13 (d) If a disposition authority is aware of any dispute
1410	1410	14 concerning the release or disposition of the reduced human
1411	1411	15 remains, the disposition authority may refuse to release the
1412	1412	16 reduced human remains until the dispute has been resolved or
1413	1413	17 the disposition authority has been provided with a court order
1414	1414	18 directing the release or disposition of the reduced remains. A
1415	1415	19 disposition authority shall not be liable for refusing to
1416	1416	20 release or dispose of reduced human remains in accordance with
1417	1417	21 this Section.
1418	1418	22 (e) A disposition authority shall not be responsible or
1419	1419	23 liable for any valuables delivered to the disposition
1420	1420	24 authority with human remains, unless the disposition authority
1421	1421	25 has received written instructions in accordance with paragraph
1422	1422	26 (J) of paragraph (1) of subsection (a) of Section 55.
1423	1423
1424	1424
1425	1425
1426	1426
1427	1427
1428	1428	SB2383 - 39 - LRB104 06219 AAS 16254 b
1429	1429
1430	1430
1431	1431	SB2383- 40 -LRB104 06219 AAS 16254 b SB2383 - 40 - LRB104 06219 AAS 16254 b
1432	1432	SB2383 - 40 - LRB104 06219 AAS 16254 b
1433	1433	1 Section 85. Hazardous implants. If an authorizing agent
1434	1434	2 informs the funeral director and the disposition authority on
1435	1435	3 the natural organic reduction authorization form of the
1436	1436	4 presence of hazardous implants in the human remains, then the
1437	1437	5 funeral director shall be responsible for ensuring that all
1438	1438	6 necessary steps have been taken to remove the hazardous
1439	1439	7 implants before delivering the human remains to the natural
1440	1440	8 organic reduction facility for natural organic reduction. The
1441	1441	9 funeral director who delivers the human remains to the natural
1442	1442	10 organic reduction facility fails to ensure that the hazardous
1443	1443	11 implants have been removed from the human remains prior to
1444	1444	12 delivery, and should the human remains be reduced, then the
1445	1445	13 funeral director who delivered the human remains to the
1446	1446	14 natural organic reduction facility and anyone else covered by
1447	1447	15 this Section shall be liable for all resulting damages. The
1448	1448	16 funeral director shall bear no liability for any hazardous
1449	1449	17 implants or materials present in the human remains that were
1450	1450	18 not disclosed by the authorizing agent on the natural organic
1451	1451	19 reduction authorization form.
1452	1452	20 Section 90. Penalties. Violations of this Act shall be
1453	1453	21 punishable as follows:
1454	1454	22 (1) Performing a natural organic reduction without
1455	1455	23 receipt of a natural organic reduction authorization form
1456	1456	24 signed, in either paper or electronic format, by an
1457	1457
1458	1458
1459	1459
1460	1460
1461	1461
1462	1462	SB2383 - 40 - LRB104 06219 AAS 16254 b
1463	1463
1464	1464
1465	1465	SB2383- 41 -LRB104 06219 AAS 16254 b SB2383 - 41 - LRB104 06219 AAS 16254 b
1466	1466	SB2383 - 41 - LRB104 06219 AAS 16254 b
1467	1467	1 authorizing agent shall be a Class 4 felony.
1468	1468	2 (2) Signing, in either paper or electronic format, a
1469	1469	3 natural organic reduction authorization form with the
1470	1470	4 actual knowledge that the form contains false or incorrect
1471	1471	5 information shall be a Class 4 felony.
1472	1472	6 (3) A violation of any natural organic reduction
1473	1473	7 procedure set forth in Section 70 shall be a Class 4
1474	1474	8 felony.
1475	1475	9 (4) Holding oneself out to the public as a disposition
1476	1476	10 authority, or the operation of a building or structure
1477	1477	11 within this State as a natural organic reduction facility,
1478	1478	12 without being licensed under this Act, shall be a Class A
1479	1479	13 misdemeanor.
1480	1480	14 (5) Performance of natural organic reduction service
1481	1481	15 by a person who has not completed a training program as
1482	1482	16 defined in Section 60 of this Act shall be a Class A
1483	1483	17 misdemeanor.
1484	1484	18 (6) Any person who intentionally violates a provision
1485	1485	19 of this Act or a final order of the Comptroller is liable
1486	1486	20 for a civil penalty not to exceed $5,000 per violation.
1487	1487	21 (7) Any person who knowingly acts without proper legal
1488	1488	22 authority and who willfully and knowingly destroys or
1489	1489	23 damages the remains of a deceased human being or who
1490	1490	24 desecrates human remains is guilty of a Class 3 felony.
1491	1491	25 (8) A violation of any other provision of this Act
1492	1492	26 shall be a Class B misdemeanor.
1493	1493
1494	1494
1495	1495
1496	1496
1497	1497
1498	1498	SB2383 - 41 - LRB104 06219 AAS 16254 b
1499	1499
1500	1500
1501	1501	SB2383- 42 -LRB104 06219 AAS 16254 b SB2383 - 42 - LRB104 06219 AAS 16254 b
1502	1502	SB2383 - 42 - LRB104 06219 AAS 16254 b
1503	1503	1 Section 95. Failure to file annual report. Whenever a
1504	1504	2 disposition authority refuses or neglects to file its annual
1505	1505	3 report in violation of Section 20 of this Act or fails to
1506	1506	4 otherwise comply with the requirements of this Act, the
1507	1507	5 Comptroller shall impose a penalty as provided for by rule for
1508	1508	6 each and every day the licensee remains delinquent in
1509	1509	7 submitting the annual report. Such report shall be made under
1510	1510	8 oath and shall be in a form determined by the Comptroller.
1511	1511	9 Section 100. Injunctive action; cease and desist order.
1512	1512	10 (a) If any person violates the provisions of this Act, the
1513	1513	11 Comptroller or the Department of Public Health, in the name of
1514	1514	12 the People of the State, through the Attorney General or the
1515	1515	13 State's Attorney of the county in which the violation is
1516	1516	14 alleged to have occurred, may petition for an order enjoining
1517	1517	15 the violation or for an order enforcing compliance with this
1518	1518	16 Act. Upon the filing of a verified petition, the court with
1519	1519	17 appropriate jurisdiction may issue a temporary restraining
1520	1520	18 order, without notice or bond, and may preliminarily and
1521	1521	19 permanently enjoin the violation. If it is established that
1522	1522	20 the person has violated or is violating the injunction, the
1523	1523	21 court may punish the offender for contempt of court.
1524	1524	22 Proceedings under this Section are in addition to, and not in
1525	1525	23 lieu of, all other remedies and penalties provided by this
1526	1526	24 Act.
1527	1527
1528	1528
1529	1529
1530	1530
1531	1531
1532	1532	SB2383 - 42 - LRB104 06219 AAS 16254 b
1533	1533
1534	1534
1535	1535	SB2383- 43 -LRB104 06219 AAS 16254 b SB2383 - 43 - LRB104 06219 AAS 16254 b
1536	1536	SB2383 - 43 - LRB104 06219 AAS 16254 b
1537	1537	1 (b) Whenever, in the opinion of the Comptroller or the
1538	1538	2 Department of Public Health, a person violates any provision
1539	1539	3 of this Act, the Comptroller or the Department of Public
1540	1540	4 Health may issue a rule to show cause why an order to cease and
1541	1541	5 desist should not be entered against that person. The rule
1542	1542	6 shall clearly set forth the grounds relied upon by the
1543	1543	7 Comptroller or the Department of Public Health and shall allow
1544	1544	8 at least 7 days from the date of the rule to file an answer
1545	1545	9 satisfactory to the Comptroller or the Department of Public
1546	1546	10 Health, respectively. Failure to answer to the satisfaction of
1547	1547	11 the Comptroller or the Department of Public Health,
1548	1548	12 respectively, shall cause an order to cease and desist to be
1549	1549	13 issued.
1550	1550	14 Section 105. Service of notice. Service by the Comptroller
1551	1551	15 or the Department of Public Health of any notice requiring a
1552	1552	16 person to file a statement or report under this Act shall be
1553	1553	17 made: (1) personally by delivery of a duly executed copy of the
1554	1554	18 notice to the person to be served or, if that person is not a
1555	1555	19 natural person, in the manner provided in the Civil Practice
1556	1556	20 Law when a complaint is filed; or (2) by mailing by certified
1557	1557	21 mail a duly executed copy of the notice to the person at his or
1558	1558	22 her address of record.
1559	1559	23 Section 110. Investigations; notice and hearing. The
1560	1560	24 Comptroller or the Department of Public Health may at any time
1561	1561
1562	1562
1563	1563
1564	1564
1565	1565
1566	1566	SB2383 - 43 - LRB104 06219 AAS 16254 b
1567	1567
1568	1568
1569	1569	SB2383- 44 -LRB104 06219 AAS 16254 b SB2383 - 44 - LRB104 06219 AAS 16254 b
1570	1570	SB2383 - 44 - LRB104 06219 AAS 16254 b
1571	1571	1 investigate the actions of any applicant or of any person,
1572	1572	2 persons, or entity rendering or offering natural organic
1573	1573	3 reduction services or any person or entity holding or claiming
1574	1574	4 to hold a license as a licensed natural organic reduction
1575	1575	5 facility. The Comptroller or the Department of Public Health
1576	1576	6 shall, before revoking, suspending, placing on probation,
1577	1577	7 reprimanding, or taking any other disciplinary action under
1578	1578	8 Section 11 of this Act, at least 30 days before the date set
1579	1579	9 for the hearing: (i) notify the accused in writing of the
1580	1580	10 charges made and the time and place for the hearing on the
1581	1581	11 charges; (ii) direct the accused applicant or licensee to file
1582	1582	12 a written answer to the charges with the Comptroller or the
1583	1583	13 Department of Public Health under oath within 20 days after
1584	1584	14 the service on the accused of the notice; and (iii) inform the
1585	1585	15 accused that, if the accused fails to answer, default will be
1586	1586	16 taken against the accused or that the accused's license may be
1587	1587	17 suspended, revoked, placed on probationary status, or other
1588	1588	18 disciplinary action taken with regard to the license,
1589	1589	19 including limiting the scope, nature, or extent of the
1590	1590	20 accused's practice, as the Comptroller or the Department of
1591	1591	21 Public Health may consider proper.
1592	1592	22 At the time and place fixed in the notice, the Comptroller
1593	1593	23 or the Department of Public Health shall proceed to hear the
1594	1594	24 charges and the parties, or their counsel shall be accorded
1595	1595	25 ample opportunity to present any pertinent statements,
1596	1596	26 testimony, evidence, and arguments. The Comptroller or the
1597	1597
1598	1598
1599	1599
1600	1600
1601	1601
1602	1602	SB2383 - 44 - LRB104 06219 AAS 16254 b
1603	1603
1604	1604
1605	1605	SB2383- 45 -LRB104 06219 AAS 16254 b SB2383 - 45 - LRB104 06219 AAS 16254 b
1606	1606	SB2383 - 45 - LRB104 06219 AAS 16254 b
1607	1607	1 Department of Public Health shall have the authority to
1608	1608	2 appoint an attorney duly licensed to practice law in the State
1609	1609	3 to serve as the hearing officer in any disciplinary action
1610	1610	4 with regard to a license. The hearing officer shall have full
1611	1611	5 authority to conduct the hearing. The Comptroller or the
1612	1612	6 Department of Public Health may continue the hearing from time
1613	1613	7 to time. In case the person, after receiving the notice, fails
1614	1614	8 to file an answer, the person's license may, in the discretion
1615	1615	9 of the Comptroller or the Department of Public Health, be
1616	1616	10 suspended, revoked, placed on probationary status, or the
1617	1617	11 Comptroller or the Department of Public Health may take
1618	1618	12 whatever disciplinary action considered proper, including
1619	1619	13 limiting the scope, nature, or extent of the person's practice
1620	1620	14 or the imposition of a fine, without a hearing, if the act or
1621	1621	15 acts charged constitute sufficient grounds for that action
1622	1622	16 under this Act. The written notice may be served by personal
1623	1623	17 delivery or by certified mail to the address specified by the
1624	1624	18 accused in the accused's last notification with the
1625	1625	19 Comptroller or the Department of Public Health.
1626	1626	20 Section 115. Compelling testimony. Any circuit court, upon
1627	1627	21 application of the Comptroller or the Department of Public
1628	1628	22 Health or designated hearing officer, may enter an order
1629	1629	23 requiring the attendance of witnesses and their testimony, and
1630	1630	24 the production of documents, papers, files, books, and records
1631	1631	25 in connection with any hearing or investigation. The court may
1632	1632
1633	1633
1634	1634
1635	1635
1636	1636
1637	1637	SB2383 - 45 - LRB104 06219 AAS 16254 b
1638	1638
1639	1639
1640	1640	SB2383- 46 -LRB104 06219 AAS 16254 b SB2383 - 46 - LRB104 06219 AAS 16254 b
1641	1641	SB2383 - 46 - LRB104 06219 AAS 16254 b
1642	1642	1 compel obedience to its order by proceedings for contempt.
1643	1643	2 Section 120. Administrative review; venue; certification
1644	1644	3 of record; costs.
1645	1645	4 (a) All final administrative decisions of the Comptroller
1646	1646	5 or the Department of Public Health are subject to judicial
1647	1647	6 review under the Administrative Review Law and its rules. The
1648	1648	7 term "administrative decision" is defined as in Section 3-101
1649	1649	8 of the Code of Civil Procedure.
1650	1650	9 (b) Proceedings for judicial review shall be commenced in
1651	1651	10 the circuit court of the county in which the party applying for
1652	1652	11 review resides, but if the party is not a resident of Illinois,
1653	1653	12 the venue shall be in Sangamon County.
1654	1654	13 (c) The Comptroller or the Department of Public Health
1655	1655	14 shall not be required to certify any record of the court, file
1656	1656	15 an answer in court, or to otherwise appear in any court in a
1657	1657	16 judicial review proceeding unless and until the Comptroller or
1658	1658	17 the Department of Public Health has received from the
1659	1659	18 plaintiff payment of the costs of furnishing and certifying
1660	1660	19 the record, which costs shall be determined by the Comptroller
1661	1661	20 or the Department of Public Health. Failure on the part of the
1662	1662	21 plaintiff to make such payment to the Comptroller or the
1663	1663	22 Department of Public Health is grounds for dismissal of the
1664	1664	23 action.
1665	1665	24 Section 125. Preneed of natural organic reduction
1666	1666
1667	1667
1668	1668
1669	1669
1670	1670
1671	1671	SB2383 - 46 - LRB104 06219 AAS 16254 b
1672	1672
1673	1673
1674	1674	SB2383- 47 -LRB104 06219 AAS 16254 b SB2383 - 47 - LRB104 06219 AAS 16254 b
1675	1675	SB2383 - 47 - LRB104 06219 AAS 16254 b
1676	1676	1 arrangements.
1677	1677	2 (a) Any person, or anyone who has legal authority to act on
1678	1678	3 behalf of a person, on a preneed basis, may authorize the
1679	1679	4 person's own natural organic reduction and the final
1680	1680	5 disposition of the person's reduced remains by executing, as
1681	1681	6 the authorizing agent, a natural organic reduction
1682	1682	7 authorization form on a preneed basis. A copy of this form
1683	1683	8 shall be provided to the person. Any person shall have the
1684	1684	9 right to transfer or cancel this authorization at any time
1685	1685	10 prior to death by destroying the executed natural organic
1686	1686	11 reduction authorization form and providing written notice to
1687	1687	12 the disposition authority named in the preneed form.
1688	1688	13 (b) Any natural organic authorization form that is being
1689	1689	14 executed by an individual as the individual's own authorizing
1690	1690	15 agent on a preneed basis shall contain the following
1691	1691	16 disclosure, which shall be completed by the authorizing agent:
1692	1692	17 "( ) I do not wish to allow any of my survivors the option
1693	1693	18 of cancelling my natural organic reduction and selecting
1694	1694	19 alternative arrangements, regardless of whether my survivors
1695	1695	20 deem a change to be appropriate.
1696	1696	21 ( ) I wish to allow only the survivors whom I have
1697	1697	22 designated below the option of cancelling my natural organic
1698	1698	23 reduction and selecting alternative arrangements, if they deem
1699	1699	24 a change to be appropriate."
1700	1700	25 (c) Except as provided in subsection (b) of this Section,
1701	1701	26 at the time of the death of a person who has executed, as the
1702	1702
1703	1703
1704	1704
1705	1705
1706	1706
1707	1707	SB2383 - 47 - LRB104 06219 AAS 16254 b
1708	1708
1709	1709
1710	1710	SB2383- 48 -LRB104 06219 AAS 16254 b SB2383 - 48 - LRB104 06219 AAS 16254 b
1711	1711	SB2383 - 48 - LRB104 06219 AAS 16254 b
1712	1712	1 authorizing agent, a natural organic reduction authorization
1713	1713	2 form on a preneed basis, any person in possession of an
1714	1714	3 executed form and any person charged with making arrangements
1715	1715	4 for the final disposition of the decedent who has knowledge of
1716	1716	5 the existence of an executed form, shall use the person's best
1717	1717	6 efforts to ensure that the decedent is reduced and that the
1718	1718	7 final disposition of the reduced human remains is in
1719	1719	8 accordance with the instructions contained on the natural
1720	1720	9 organic reduction authorization form. If a disposition
1721	1721	10 authority (i) is in possession of a completed natural organic
1722	1722	11 reduction authorization form that was executed on a preneed
1723	1723	12 basis, (ii) is in possession of the designated human remains,
1724	1724	13 and (iii) has received payment for the natural organic
1725	1725	14 reduction of the human remains and the final disposition of
1726	1726	15 the reduced human remains or is otherwise assured of payment,
1727	1727	16 then the disposition authority shall be required to reduced
1728	1728	17 the human remains and dispose of the reduced human remains
1729	1729	18 according to the instructions contained on the natural organic
1730	1730	19 reduction authorization form and may do so without any
1731	1731	20 liability.
1732	1732	21 (d) Any preneed contract sold by, or preneed arrangements
1733	1733	22 made with, a cemetery, funeral establishment, disposition
1734	1734	23 authority, or any other party that includes a natural organic
1735	1735	24 reduction shall specify the final disposition of the reduced
1736	1736	25 human remains, in accordance with Section 75. If no different
1737	1737	26 or inconsistent instructions are provided to the disposition
1738	1738
1739	1739
1740	1740
1741	1741
1742	1742
1743	1743	SB2383 - 48 - LRB104 06219 AAS 16254 b
1744	1744
1745	1745
1746	1746	SB2383- 49 -LRB104 06219 AAS 16254 b SB2383 - 49 - LRB104 06219 AAS 16254 b
1747	1747	SB2383 - 49 - LRB104 06219 AAS 16254 b
1748	1748	1 authority by the authorizing agent at the time of death, the
1749	1749	2 disposition authority shall be authorized to release or
1750	1750	3 dispose of the reduced human remains as indicated in the
1751	1751	4 preneed agreement. Upon compliance with the terms of the
1752	1752	5 preneed agreement, the disposition authority shall be
1753	1753	6 discharged from any legal obligation concerning the reduced
1754	1754	7 human remains. The preneed agreement shall be kept as a
1755	1755	8 permanent record by the disposition authority.
1756	1756	9 (e) This Section shall not apply to any natural organic
1757	1757	10 reduction authorization form or preneed contract executed
1758	1758	11 prior to the effective date of this Act. Any cemetery, funeral
1759	1759	12 establishment, disposition authority, or other party, however,
1760	1760	13 with the written approval of the authorizing agent or person
1761	1761	14 who executed the preneed contract, may designate that the
1762	1762	15 natural organic reduction authorization form or preneed
1763	1763	16 contract shall be subject to this Act.
1764	1764	17 Section 130. Employment of funeral director by a
1765	1765	18 disposition authority. A disposition authority shall employ or
1766	1766	19 enter into a contract with a funeral director for the purpose
1767	1767	20 of arranging natural organic reduction on an at-need basis
1768	1768	21 with the general public, transporting human remains to the
1769	1769	22 natural organic reduction facility, and processing all
1770	1770	23 necessary paperwork.
1771	1771	24 Section 135. Scope of Act. This Act shall be construed and
1772	1772
1773	1773
1774	1774
1775	1775
1776	1776
1777	1777	SB2383 - 49 - LRB104 06219 AAS 16254 b
1778	1778
1779	1779
1780	1780	SB2383- 50 -LRB104 06219 AAS 16254 b SB2383 - 50 - LRB104 06219 AAS 16254 b
1781	1781	SB2383 - 50 - LRB104 06219 AAS 16254 b
1782	1782	1 interpreted as a comprehensive natural organic reduction
1783	1783	2 statute, and the provisions of this Act shall take precedence
1784	1784	3 over any existing laws containing provisions applicable to
1785	1785	4 natural organic reduction, but that do not specifically or
1786	1786	5 comprehensively address natural organic reduction.
1787	1787	6 Section 140. Record of proceedings; transcript. The
1788	1788	7 Comptroller or Department of Public Health, at its expense,
1789	1789	8 shall preserve a record of all proceedings at the formal
1790	1790	9 hearing of any case. Any notice of hearing, complaint, all
1791	1791	10 other documents in the nature of pleadings, written motions
1792	1792	11 filed in the proceedings, the transcripts of testimony, the
1793	1793	12 report of the hearing officer, and orders of the Comptroller
1794	1794	13 or Department of Public Health shall be in the record of the
1795	1795	14 proceeding. The Comptroller or Department of Public Health
1796	1796	15 shall furnish a transcript of such record to any person
1797	1797	16 interested in such hearing upon payment of a reasonable fee.
1798	1798	17 Section 145. Subpoenas; depositions; oaths. The
1799	1799	18 Comptroller or Department of Public Health has the power to
1800	1800	19 subpoena documents, books, records, or other materials and to
1801	1801	20 bring before it any person and to take testimony either orally
1802	1802	21 or by deposition, or both, with the same fees and mileage and
1803	1803	22 in the same manner as prescribed in civil cases in the courts
1804	1804	23 of this State. The Comptroller or Department of Public Health,
1805	1805	24 the designated hearing officer, or any qualified person the
1806	1806
1807	1807
1808	1808
1809	1809
1810	1810
1811	1811	SB2383 - 50 - LRB104 06219 AAS 16254 b
1812	1812
1813	1813
1814	1814	SB2383- 51 -LRB104 06219 AAS 16254 b SB2383 - 51 - LRB104 06219 AAS 16254 b
1815	1815	SB2383 - 51 - LRB104 06219 AAS 16254 b
1816	1816	1 Comptroller or Department of Public Health may designate has
1817	1817	2 the power to administer oaths to witnesses at any hearing that
1818	1818	3 the Comptroller or Department of Public Health is authorized
1819	1819	4 to conduct, and any other oaths authorized in any Act
1820	1820	5 administered by the Comptroller or Department of Public
1821	1821	6 Health. Every person having taken an oath or affirmation in
1822	1822	7 any proceeding or matter wherein an oath is required by this
1823	1823	8 Act, who shall swear willfully, corruptly and falsely in a
1824	1824	9 matter material to the issue or point in question, or shall
1825	1825	10 suborn any other person to swear as aforesaid, shall be guilty
1826	1826	11 of perjury or subornation of perjury, as the case may be and
1827	1827	12 shall be punished as provided by State law relative to perjury
1828	1828	13 and subornation of perjury.
1829	1829	14 Section 150. Findings and recommendations. At the
1830	1830	15 conclusion of the hearing, the hearing officer shall present
1831	1831	16 to the Comptroller or Department of Public Health a written
1832	1832	17 report of its findings of fact, conclusions of law, and
1833	1833	18 recommendations. The report shall contain a finding whether or
1834	1834	19 not the accused person violated this Act or its rules or failed
1835	1835	20 to comply with the conditions required in this Act or its
1836	1836	21 rules. The hearing officer shall specify the nature of any
1837	1837	22 violations or failure to comply and shall make recommendations
1838	1838	23 to the Comptroller or Department of Public Health. In making
1839	1839	24 recommendations for any disciplinary actions, the hearing
1840	1840	25 officer may take into consideration all facts and
1841	1841
1842	1842
1843	1843
1844	1844
1845	1845
1846	1846	SB2383 - 51 - LRB104 06219 AAS 16254 b
1847	1847
1848	1848
1849	1849	SB2383- 52 -LRB104 06219 AAS 16254 b SB2383 - 52 - LRB104 06219 AAS 16254 b
1850	1850	SB2383 - 52 - LRB104 06219 AAS 16254 b
1851	1851	1 circumstances bearing upon the reasonableness of the conduct
1852	1852	2 of the accused and the potential for future harm to the public,
1853	1853	3 including, but not limited to, previous discipline of the
1854	1854	4 accused by the Comptroller or Department of Public Health,
1855	1855	5 intent, degree of harm to the public and likelihood of harm in
1856	1856	6 the future, any restitution made by the accused, and whether
1857	1857	7 the incident or incidents contained in the complaint appear to
1858	1858	8 be isolated or represent a continuing pattern of conduct. In
1859	1859	9 making its recommendations for discipline, the hearing officer
1860	1860	10 shall endeavor to ensure that the severity of the discipline
1861	1861	11 recommended is reasonably related to the severity of the
1862	1862	12 violation. The report of findings of fact, conclusions of law,
1863	1863	13 and recommendation of the hearing officer shall be the basis
1864	1864	14 for the Comptroller's or Department of Public Health's order
1865	1865	15 refusing to issue, restore, place on probation, fine, suspend,
1866	1866	16 revoke a license, or otherwise discipline a licensee. If the
1867	1867	17 Comptroller or Department of Public Health disagrees with the
1868	1868	18 recommendations of the hearing officer, the Comptroller or
1869	1869	19 Department of Public Health may issue an order in
1870	1870	20 contravention of the hearing officer's recommendations. The
1871	1871	21 finding is not admissible in evidence against the person in a
1872	1872	22 criminal prosecution brought for a violation of this Act, but
1873	1873	23 the hearing and finding are not a bar to a criminal prosecution
1874	1874	24 brought for a violation of this Act.
1875	1875	25 Section 155. Rehearing. At the conclusion of the hearing,
1876	1876
1877	1877
1878	1878
1879	1879
1880	1880
1881	1881	SB2383 - 52 - LRB104 06219 AAS 16254 b
1882	1882
1883	1883
1884	1884	SB2383- 53 -LRB104 06219 AAS 16254 b SB2383 - 53 - LRB104 06219 AAS 16254 b
1885	1885	SB2383 - 53 - LRB104 06219 AAS 16254 b
1886	1886	1 a copy of the hearing officer's report shall be served upon the
1887	1887	2 applicant or licensee by the Comptroller or Department of
1888	1888	3 Public Health, either personally or as provided in this Act.
1889	1889	4 Within 20 days after service, the applicant or licensee may
1890	1890	5 present to the Comptroller or Department of Public Health,
1891	1891	6 respectively, a motion in writing for a rehearing, which shall
1892	1892	7 specify the particular grounds for rehearing. The Comptroller
1893	1893	8 or Department of Public Health may respond to the motion for
1894	1894	9 rehearing within 20 days after its service on the Comptroller
1895	1895	10 or Department of Public Health. If no motion for rehearing is
1896	1896	11 filed, then upon the expiration of the time specified for
1897	1897	12 filing such a motion, or if a motion for rehearing is denied,
1898	1898	13 then upon denial, the Comptroller or Department of Public
1899	1899	14 Health may enter an order in accordance with recommendations
1900	1900	15 of the hearing officer except as provided in Section 160 of
1901	1901	16 this Act.
1902	1902	17 If the applicant or licensee orders from the reporting
1903	1903	18 service and pays for a transcript of the record within the time
1904	1904	19 for filing a motion for rehearing, the 20-day period within
1905	1905	20 which a motion may be filed shall commence upon the delivery of
1906	1906	21 the transcript to the applicant or licensee.
1907	1907	22 Section 160. Comptroller; Department of Public Health.
1908	1908	23 Whenever the Comptroller or Department of Public Health
1909	1909	24 believes that substantial justice has not been done in the
1910	1910	25 revocation, suspension, or refusal to issue or restore a
1911	1911
1912	1912
1913	1913
1914	1914
1915	1915
1916	1916	SB2383 - 53 - LRB104 06219 AAS 16254 b
1917	1917
1918	1918
1919	1919	SB2383- 54 -LRB104 06219 AAS 16254 b SB2383 - 54 - LRB104 06219 AAS 16254 b
1920	1920	SB2383 - 54 - LRB104 06219 AAS 16254 b
1921	1921	1 license or other discipline of an applicant or licensee, he or
1922	1922	2 she may order a rehearing by the same or other hearing
1923	1923	3 officers.
1924	1924	4 Section 165. Order or certified copy; prima facie proof.
1925	1925	5 An order or certified copy thereof, over the seal of the
1926	1926	6 Comptroller or Director of Public Health and purporting to be
1927	1927	7 signed by the Comptroller or Director of Public Health, is
1928	1928	8 prima facie proof that:
1929	1929	9 (1) the signature is the genuine signature of the
1930	1930	10 Comptroller or Director of Public Health;
1931	1931	11 (2) the Comptroller or Director of Public Health is
1932	1932	12 duly appointed and qualified; and
1933	1933	13 (3) the hearing officer is qualified to act.
1934	1934	14 Section 170. Civil action and civil penalties. In addition
1935	1935	15 to the other penalties and remedies provided in this Act, the
1936	1936	16 Comptroller or Department of Public Health may bring a civil
1937	1937	17 action in the county of residence of the licensee or any other
1938	1938	18 person to enjoin any violation or threatened violation of this
1939	1939	19 Act. In addition to any other penalty provided by law, any
1940	1940	20 person who violates this Act shall forfeit and pay a civil
1941	1941	21 penalty to the Comptroller or Department of Public Health in
1942	1942	22 an amount not to exceed $5,000 for each violation as
1943	1943	23 determined by the Comptroller or Department of Public Health.
1944	1944	24 The civil penalty shall be assessed by the Comptroller or
1945	1945
1946	1946
1947	1947
1948	1948
1949	1949
1950	1950	SB2383 - 54 - LRB104 06219 AAS 16254 b
1951	1951
1952	1952
1953	1953	SB2383- 55 -LRB104 06219 AAS 16254 b SB2383 - 55 - LRB104 06219 AAS 16254 b
1954	1954	SB2383 - 55 - LRB104 06219 AAS 16254 b
1955	1955	1 Department of Public Health in accordance with the provisions
1956	1956	2 of this Act.
1957	1957	3 Any civil penalty shall be paid within 60 days after the
1958	1958	4 effective date of the order imposing the civil penalty. The
1959	1959	5 order shall constitute a judgment and may be filed and
1960	1960	6 execution had thereon in the same manner as any judgment from
1961	1961	7 any court of record. All moneys collected under this Section
1962	1962	8 shall be deposited with the Comptroller or Department of
1963	1963	9 Public Health.
1964	1964	10 Section 175. Consent order. At any point in any
1965	1965	11 investigation or disciplinary proceedings as provided in this
1966	1966	12 Act, both parties may agree to a negotiated consent order. The
1967	1967	13 consent order shall be final upon signature of the Comptroller
1968	1968	14 or Director of Public Health.
1969	1969	15 Section 180. Illinois Administrative Procedure Act;
1970	1970	16 application. The Illinois Administrative Procedure Act is
1971	1971	17 expressly adopted and incorporated in this Act as if all of the
1972	1972	18 provisions of that Act were included in this Act, except that
1973	1973	19 the provision of paragraph (d) of Section 10-65 of the
1974	1974	20 Illinois Administrative Procedure Act, which provides that at
1975	1975	21 hearings the licensee has the right to show compliance with
1976	1976	22 all lawful requirements for retention or continuation of the
1977	1977	23 license, is specifically excluded. For the purpose of this
1978	1978	24 Act, the notice required under Section 10-25 of the Illinois
1979	1979
1980	1980
1981	1981
1982	1982
1983	1983
1984	1984	SB2383 - 55 - LRB104 06219 AAS 16254 b
1985	1985
1986	1986
1987	1987	SB2383- 56 -LRB104 06219 AAS 16254 b SB2383 - 56 - LRB104 06219 AAS 16254 b
1988	1988	SB2383 - 56 - LRB104 06219 AAS 16254 b
1989	1989	1 Administrative Procedure Act is considered sufficient when
1990	1990	2 mailed to the address of record.
1991	1991	3 Section 185. Summary suspension of a license. The
1992	1992	4 Comptroller or Department of Public Health may summarily
1993	1993	5 suspend a license of a licensed natural organic reduction
1994	1994	6 facility without a hearing, simultaneously with the
1995	1995	7 institution of proceedings for a hearing provided for in this
1996	1996	8 Act, if the Comptroller or Department of Public Health finds
1997	1997	9 that evidence in the Comptroller's or Department of Public
1998	1998	10 Health's possession indicates that the licensee's continued
1999	1999	11 practice would constitute an imminent danger to the public. If
2000	2000	12 the Comptroller or Department of Public Health summarily
2001	2001	13 suspends the license of a licensed natural organic reduction
2002	2002	14 facility without a hearing, a hearing must be commenced within
2003	2003	15 30 days after the suspension has occurred and concluded as
2004	2004	16 expeditiously as practical. In the event of a summary
2005	2005	17 suspension, the county coroner or medical examiner responsible
2006	2006	18 for the area where the natural organic reduction facility is
2007	2007	19 located shall make arrangements to dispose of any bodies in
2008	2008	20 the suspended licensee's possession after consulting with the
2009	2009	21 authorizing agents for those bodies.
2010	2010
2011	2011
2012	2012
2013	2013
2014	2014
2015	2015	SB2383 - 56 - LRB104 06219 AAS 16254 b