HB3158eng 103RD GENERAL ASSEMBLY

HB3158 Engrossed LRB103 29928 CPF 56343 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Natural Organic Reduction Regulation Act.

Section 5. Legislative intent. The practice of natural organic reduction in the State is declared to be a practice affecting the public health, safety, and welfare and subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the preparation, care, and final disposition of a deceased human body be attended with appropriate observance and understanding, having due regard and respect for the reverent care of the human body and for those bereaved and the overall spiritual dignity of the human. It is further a matter of public interest that the practice of natural organic reduction, as defined in this Act, be done only by qualified persons authorized by this Act. This Act shall be liberally construed to best carry out these subjects and purposes.

Section 10. Definitions. As used in this Act:

"Address of record" means the designated address recorded by the Comptroller in the applicant's or licensee's application file or license file. The address of record shall be the permanent street address of the natural organic reduction facility.

"Alternative container" means a receptacle or biodegradable external wrapping, other than a casket, in which human remains are transported to the natural organic reduction facility. An alternative container shall be: (i) able to be closed in order to provide a complete covering for the human remains; (ii) resistant to leakage or spillage; (iii) rigid enough for handling with ease; and (iv) able to provide protection for the health, safety, and personal integrity of the natural organic reduction facilities personnel.

"Authorizing agent" means a person legally entitled to order the natural organic reduction and final disposition of specific human remains. "Authorizing agent" includes an institution of medical, mortuary, or other sciences as provided in Section 20 of the Disposition of Remains of the Indigent Act.

"Body parts" means limbs or other portions of the anatomy that are removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research or human bodies or any portion of bodies that have been donated to science for medical research purposes.

"Burial transit permit" means a permit for disposition of a dead human body as required by State law.

"Casket" means a ridged container that is designed for the encasement of human remains. A casket is usually constructed of wood, metal, or like material and ornamented and lined with fabric, and may or may not be combustible.

"Comptroller" means the Comptroller of the State.

"Disposition authority" means the legal entity which is licensed by the Comptroller to operate a natural organic reduction facility and to perform natural organic reductions.

"Final disposition" means the burial, cremation, natural organic reduction, or other disposition of human remains or parts of human remains.

"Funeral director" means a person known by the title of "funeral director", "funeral director and embalmer", or other similar words or titles licensed by the State to practice funeral directing or funeral directing and embalming.

"Funeral establishment" means a building or separate portion of a building having a specific street address and location and devoted to activities relating to the shelter, care, custody, and preparation of a deceased human body and may contain facilities for funeral or wake services.

"Holding facility" means an area that: (i) is designated for the retention of human remains prior to natural organic reduction; (ii) complies with all applicable public health law; (iii) preserves the health and safety of the natural organic reduction facilities personnel; and (iv) is secure from access by anyone other than authorized persons. A holding facility may be located in the natural organic reduction room, consistent with the refrigeration requirements of this Act.

"Human remains" means the body of a deceased person, including any form of body prosthesis that has been permanently attached or implanted in the body.

"Integrate into the soil" means the authorized addition and mixing of reduced human remains with existing soil in a defined area within a dedicated cemetery, conservation area, property where the person who has control over the disposition of the reduced human remains has obtained written permission of the property owner.

"Licensee" means an entity licensed under this Act. An entity that holds itself as a licensee or that is accused of unlicensed practice is considered a licensee for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act.

"Natural organic reduction" means the process of transforming a human body into soil using the natural decomposition process, accelerated with the addition of organic materials through the following steps:

(1) The body of a deceased person is mixed together with natural materials and air and is periodically turned, eventually resulting in the body's reduction to a soil material.

(2) Large tanks, containers, or similar vessels hold human remains together with straw, wood chips, or other natural materials until the process is complete. Any such tank, container, or similar vessel shall be stainless steel, leakproof, promote aerobic reduction and provide for continuous monitoring of the natural organic reduction process.

(3) The processing of the remains after removal from the reduction chamber.

"Natural organic reduction authorization" means the natural organic reduction form authorizing a natural organic reduction which is signed by the next of kin or authorizing agent. This natural organic reduction form must be a separate document and cannot be a part of another form or document.

"Natural organic reduction facility" means the building or portions of a building that houses the natural organic reduction room and the holding facility. The facility shall have a ventilation system that ventilates from the tank, container, or similar vessel to a biofiltration system.

"Natural organic reduction room" means the room in which the reduction chambers are located.

"Niche" means a compartment or cubicle for the memorialization and permanent placement of an urn containing reduced remains.

"Person" means any person, partnership, association, corporation, limited liability company, or other entity, and in the case of any such business organization, its officers, partners, members, or shareholders possessing 25% or more of ownership of the entity.

"Processing" means the removal of foreign objects as well as, but not limited to, grinding, crushing, and pulverizing of the remaining teeth and bones for the reduced human remains to be integrated into the soil.

"Pulverization" means the reduction of identifiable bone fragments after the completion of the natural organic reduction process to granulated particles by manual or mechanical means.

"Reduction chamber" means the enclosed space within which individual human remains are reduced and any other attached, non-enclosed, mechanical components that are necessary for the safe and proper functioning of the equipment. A reduction chamber shall meet or exceed the requirements set by the federal Centers for Disease Control and Prevention for destruction of human pathogens.

"Reduced human remains" means the remains of a human body that have been reduced to soil through a process of reduction. "Reduced human remains" does not include foreign materials, pacemakers, or prostheses.

"Reduced remains interment container" means a rigid outer container that is subject to a cemetery's rules and regulations.

"Scattering area" means an area which may be designated by a cemetery and located on dedicated cemetery property, or an area designated as a scattering area on private land or a privately owned nature preserve where reduced human remains, which have been removed from the container, can be mixed with, or placed on top of, the soil or ground cover.

"Temporary container" means a receptacle for reduced human remains, usually composed of cardboard, plastic or similar material, that can be closed in a manner that prevents the leakage or spillage of the reduced human remains or the entrance of foreign material and is a single container of sufficient size to hold the reduced human remains until an urn is acquired, or the reduced human remains are scattered.

"Urn" means a receptacle designed to encase a portion of the reduced human remains.

Section 15. Powers and duties of the Comptroller. Subject to the provisions of this Act, the Comptroller may exercise any of the following powers and duties:

(1) authorize standards to ascertain the qualifications and fitness of applicants for licensing as licensed natural organic reduction authorities and pass upon the qualifications of applicants for licensure;

(2) examine and audit a licensed disposition authority's record, natural organic reduction facility, or any other aspects of the natural organic reduction operations as the Comptroller deems appropriate;

(3) investigate any and all unlicensed activity;

(4) conduct hearings on proceedings to refuse to issue licenses or to revoke, suspend, place on probation, reprimand, or otherwise discipline licensees and to refuse to issue licenses or to revoke, suspend, place on probation, reprimand, or otherwise discipline licensees;

(5) formulate rules required for the administration of this Act; and

(6) maintain rosters of the names and addresses of all licensees, and all entities whose licenses have been suspended, revoked, or otherwise disciplined. These rosters shall be available upon written request and payment of the required fee.

Section 20. Establishment of a natural organic reduction facility and licensing of disposition authority.

(a) 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 this State and provide the necessary appliances and facilities for the natural organic reduction of human remains in accordance with this Act.

(b) A natural organic reduction facility shall be subject to all local, State, and federal health and environmental protection requirements and shall obtain all necessary licenses and permits from the Department of Financial and Professional Regulation, the Department of Public Health, the federal Department of Health and Human Services, and the State and federal Environmental Protection Agencies, or such other appropriate local, State, or federal agencies.

(c) A natural organic reduction facility may be constructed on or adjacent to any cemetery, crematory, on or adjacent to any funeral establishment, or at any other location consistent with local zoning regulations.

(d) An application for licensure as a disposition authority shall be in writing on forms furnished by the Comptroller. Applications shall be accompanied by a fee of $100 and shall contain all of the following:

(1) the full name and address, both residence and business, of the applicant if the applicant is an individual; the full name and address of every member if the applicant is a partnership; the full name and address of every member of the board of directors if the applicant is an association; and the name and address of every officer, director, and shareholder holding more than 25% of the corporate stock if the applicant is a corporation;

(2) the address and location of the natural organic reduction facility;

(3) a description of the type of structure, equipment, and technical process to be used in the operation of the natural organic reduction facility; and

(4) any further information that the Comptroller reasonably may require.

(e) Each disposition authority shall file an annual report with the Comptroller, accompanied with a $25 fee plus $5 for each natural organic reduction performed that calendar year, providing (i) an affidavit signed by the owner of the natural organic reduction facility that at the time of the report the natural organic reduction device was in proper operating condition and all annual recommended maintenance by the manufacturer was performed, (ii) the total number of all natural organic reduction performed at the natural organic reduction facility during the past year, (iii) attestation by the licensee that all applicable permits and certifications are valid, (iv) either (A) any changes required in the information provided under subsection (d) or (B) an indication that no changes have occurred, and (v) any other information that the Comptroller may require. The annual report shall be filed by a disposition authority on or before March 15 of each calendar year. If the fiscal year of a disposition authority is other than on a calendar year basis, then the disposition authority shall file the report required by this Section within 75 days after the end of its fiscal year. If a disposition authority fails to submit an annual report to the Comptroller within the time specified in this Section, the Comptroller shall impose upon a disposition authority a penalty of $5 for each and every day the disposition authority remains delinquent in submitting the annual report. The Comptroller may abate all or part of the $5 daily penalty for good cause shown. The $25 annual report fee shall be deposited into the Comptroller's Administrative Fund. The $5 fee for each natural organic reduction performed shall be deposited into the Cemetery Consumer Protection Fund.

(f) All records required to be maintained under this Act, including, but not limited to, those relating to the license and annual report of the disposition authority required to be filed under this Section, shall be subject to inspection by the Comptroller upon reasonable notice.

(g) The Comptroller may inspect a natural organic reduction facility record at the disposition authority's place of business to review the licensee's compliance with this Act. The Comptroller may charge a fee for the inspection of $100 to the licensee. The inspection must include verification that:

(1) the disposition authority has complied with record-keeping requirements of this Act;

(2) a natural organic reduction device operator's certification of training and the required continuing education certification is conspicuously displayed at the natural organic reduction facility;

(3) the disposition authority is in compliance with local zoning requirements;

(4) the disposition authority license issued by the Comptroller is conspicuously displayed at the natural organic reduction facility; and

(5) other details as determined by rule.

(h) Every license issued hereunder shall be renewed every 5 years for a renewal fee of $100. The renewal fee shall be deposited into the Comptroller's Administrative Fund. The Comptroller, upon the request of an interested person or on his own motion, may issue new licenses to a licensee whose license or licenses have been revoked, if no factor or condition then exists which would have warranted the Comptroller to originally refuse the issuance of such license.

Section 25. Grounds for denial or discipline.

(a) In this Section, "applicant" means a person who has applied for a license under this Act including those persons whose names are listed on a license application in Section 20 of this Act.

(b) The Comptroller may refuse to issue a license, place on probation, reprimand, or take other disciplinary action that the Comptroller may deem appropriate, including imposing fines not to exceed $5,000 for each violation, with regard to any license under this Act, or may suspend or revoke a license issued under this Act, on any of the following grounds:

(1) The applicant or licensee has made any misrepresentation or false statement or concealed any material fact in furnishing information to the Comptroller.

(2) The applicant or licensee has been engaged in fraudulent business practices.

(3) The applicant or licensee has refused to give information required under this Act to be disclosed to the Comptroller or failing, within 30 days, to provide information in response to a written request made by the Comptroller.

(4) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.

(5) As to any individual listed in the license application as required under Section 20, that individual has conducted or is about to conduct any natural organic reduction business on behalf of the applicant in a fraudulent manner or has been convicted of any felony or misdemeanor an essential element of which is fraud.

(6) The applicant or licensee has failed to make the annual report required by this Act or to comply with a final order, decision, or finding of the Comptroller made under this Act.

(7) The applicant or licensee, including any member, officer, or director of the applicant or licensee if the applicant or licensee is a firm, partnership, association, or corporation and including any shareholder holding more than 25% of the corporate stock of the applicant or licensee, has violated any provision of this Act or any regulation or order made by the Comptroller under this Act.

(8) The Comptroller finds any fact or condition existing that, if it had existed at the time of the original application for a license under this Act, would have warranted the Comptroller in refusing the issuance of the license.

(9) Any violation of this Act or of the rules adopted under this Act.

(10) Incompetence.

(11) Gross malpractice.

(12) Discipline by another state, District of Columbia, territory, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.

(13) Directly or indirectly giving to or receiving from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for professional services not actually or personally rendered.

(14) A finding by the Comptroller that the licensee, after having its license placed on probationary status, has violated the terms of probation.

(15) Willfully making or filing false records or reports, including, but not limited to, false records filed with State agencies or departments.

(16) Gross, willful, or continued overcharging for professional services, including filing false statements for collection of fees for which services are not rendered.

(17) Practicing under a false or, except as provided by law, an assumed name.

(18) Cheating on or attempting to subvert this Act's licensing application process.

Section 30. License revocation or suspension; surrender of license. Upon the revocation or suspension of a license issued under this Act, the licensee must immediately surrender the license to the Comptroller. If the licensee fails to do so, the Comptroller may seize the license.

Section 35. Surrender of license; effect on licensee's liability. A licensee may surrender a license issued under this Act by delivering to the Comptroller a written notice stating that the licensee thereby surrenders the license, but such a surrender does not affect the licensee's civil or criminal liability for acts committed before the surrender.

Section 40. License; display; transfer; duration.

(a) Every license issued under this Act must state the number of the license, the business name and address of the licensee's principal place of business, and the licensee's parent company, if any. The license must be conspicuously posted in the place of business operating under the license.

(b) After initial licensure, if any person comes to obtain at least 51% of the ownership over the natural organic reduction facility, then the disposition authority shall apply for a new license in the required time as set out by rule.

(c) Every license issued under this Act shall remain in force until it has been surrendered, suspended, or revoked in accordance with this Act. Upon the request of an interested person or on the Comptroller's own motion, the Comptroller may issue a new license to a licensee whose license has been revoked under this Act if no factor or condition then exists which would have warranted the Comptroller in originally refusing the issuance of the license.

Section 45. Authorizing agent. The priority of the person or persons who have the right to serve as the authorizing agent for natural organic reduction is in the same priority as provided for in Section 5 of the Disposition of Remains Act.

Section 50. Natural organic reduction only in a natural organic reduction facility. 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 this Act.

Section 55. Authorization for natural organic reduction.

(a) A disposition authority shall not reduce human remains by natural organic reduction until it has received all of the following:

(1) a natural organic reduction authorization form signed by the next of kin or authorizing agent. The natural organic reduction authorization form shall be provided by the disposition authority and shall contain, at a minimum, the following information:

(A) the identity of the human remains and the time and date of death;

(B) the name of the funeral director and funeral establishment, if applicable, that obtained the natural organic reduction authorization;

(C) notification as to whether the death occurred from a disease declared by the Illinois Department of Health to be infectious, contagious, communicable, or dangerous to the public health;

(D) the name of the authorizing agent and the relationship between the authorizing agent and the decedent;

(E) a representation that the authorizing agent does in fact have the right to authorize the natural organic reduction of the decedent, and that the authorizing agent is not aware of any living person who has a superior priority right to that of the authorizing agent, as set forth in Section 45. In the event there is another living person who has a superior priority right to that of the authorizing agent, the form shall contain a representation that the authorizing agent has made all reasonable efforts to contact that person, has been unable to do so, and has no reason to believe that the person would object to the natural organic reduction of the decedent;

(F) authorization for the disposition authority to reduce the human remains by natural organic reduction;

(G) a representation that the human remains do not contain any other material or implant that may be potentially hazardous or cause damage to the natural organic reduction chamber or the person performing the natural organic reduction;

(H) the name of the person authorized to receive the reduced remains from the disposition authority;

(I) the manner in which final disposition of the reduced human remains is to take place, if known. If the reduction authorization form does not specify final disposition in a grave, crypt, niche, or scattering area, then the form may indicate that the reduced human remains will be held by the disposition authority for 30 days before they are released, unless they are picked up from the disposition authority prior to that time, in person, by the authorizing agent with prior consent from the authorizing agent. At the end of the 60 days the disposition authority may return the reduced human remains to the authorizing agent if no final disposition arrangements are made; or at the end of 60 days the disposition authority may dispose of the reduced human remains in accordance with this subsection (b) of Section 75;

(J) a listing of any items of value to be delivered to the disposition authority along with the human remains, and instructions as to how the items should be handled;

(K) a specific statement as to whether the authorizing agent has made arrangements for any type of viewing of the decedent before natural organic reduction or for a service with the decedent present before natural organic reduction in connection with the natural organic reduction, and if so, the date and time of the viewing or service and whether the disposition authority is authorized to proceed with the natural organic reduction upon receipt of the human remains;

(L) the signature of the authorizing agent, attesting to the accuracy of all representations contained on the natural organic reduction authorization form, except as set forth in paragraph (M) of this subsection;

(M) if a natural organic reduction form is being executed on a pre-need basis, the natural organic reduction authorization form shall contain the disclosure required by subsection (b) of Sec 125; and

(N) the natural organic reduction authorization form, other than preneed natural organic reduction forms, shall also be signed by a funeral director or other representative of the disposition authority that obtained the natural organic reduction authorization. That individual shall merely execute the natural organic reduction authorization form as a witness and shall not be responsible for any of the representations made by the authorizing agent, unless the individual has actual knowledge to the contrary. The information requested by subparagraphs (A), (B), (C), and (G) of this subsection, however, shall be considered to be representations of the authorizing agent. The funeral director or funeral establishment shall warrant to the natural organic reduction facility that the human remains delivered to the disposition authority are the human remains identified on the natural organic reduction authorization form;

(2) a completed and executed burial transit permit indicating that the human remains are to be reduced; and

(3) any other documentation required by this State.

(b) If an authorizing agent is not available to execute a natural organic reduction authorization form in person, that person may use an electronic signature or may delegate that authority to another person in writing, or by sending the disposition authority a facsimile transmission that contains the name, address, and relationship of the sender to the decedent and the name and address of the individual to whom authority is delegated. Upon receipt of the written document, or facsimile transmission, telegram, or other electronic telecommunications transmission which specifies the individual to whom authority has been delegated, the disposition authority shall allow this individual to serve as the authorizing agent and to execute the natural organic reduction authorization form. The disposition authority shall be entitled to rely upon the natural organic reduction authorization form without liability.

(c) An authorizing agent who signs a natural organic reduction authorization form shall be deemed to warrant the truthfulness of any facts set forth on the natural organic reduction authorization form, including that person's authority to order the natural organic reduction, except for the information required by subparagraphs (C) and (G) of paragraph (1) of subsection (a) of this Section, unless the authorizing agent has actual knowledge to the contrary. An authorizing agent signing a natural organic reduction authorization form shall be personally and individually liable for all damages occasioned by and resulting from authorizing the natural organic reduction.

(d) A disposition authority shall have authority to reduce human remains upon the receipt of a natural organic reduction authorization form signed by an authorizing agent. There shall be no liability for the natural organic reduction disposition authority according to a natural organic reduction authorization, or that releases or disposes of the reduced human remains according to a natural organic reduction authorization, except for a disposition authority's gross negligence, provided that the disposition authority performs its functions in compliance with this Act.

(e) After an authorizing agent has executed a natural organic reduction authorization form and before the natural organic reduction process has started, the authorizing agent may revoke the authorization and instruct the disposition authority to cancel the natural organic reduction and to release or deliver the human remains to another disposition authority or funeral establishment. The instructions shall be provided to the disposition authority in writing. A disposition authority shall honor any instructions given to it by an authorizing agent under this Section if it receives the instructions prior to beginning the reducing of the human remains.

Section 60. Performance of natural organic reduction services; training. A person may not perform a natural organic reduction service in this State unless the person has completed training in performing natural organic reduction services and received certification by a program recognized by the Comptroller. The disposition authority must conspicuously display the certification at the disposition authority's place of business. A continuing education natural organic reduction course of at least 2 hours in length from a recognized provider must be completed every 5 years by each person performing a natural organic reduction service. For purposes of this Act, the Comptroller may recognize any training program that provides training in the operation of a natural organic reduction device, in the maintenance of a clean facility, and in the proper handling of human remains. The Comptroller may recognize any course that is conducted by a death care trade association in the State or the United States for natural organic reduction or by a manufacturer of a natural organic reduction unit that is consistent with the standards provided in this Act or as otherwise determined by rule.

Section 65. Recordkeeping.

(a) The disposition authority shall furnish to the funeral director who delivers human remains to the disposition authority a receipt signed at the time of delivery by both the disposition authority and the funeral director who delivers the human remains, showing the date and time of the delivery, the type of alternative container or external wrapping that was delivered, the name of the person from whom the human remains were received and the name of the funeral establishment or other entity with whom the person is affiliated, the name of the person who received the human remains on behalf of the disposition authority, and the name of the decedent. The disposition authority shall retain a copy of this receipt in its permanent records.

(b) Upon its release of the reduced human remains, the disposition authority shall furnish to the person who receives the reduced human remains from the disposition authority a receipt signed by both the disposition authority and the person who receives the natural organic reduction remains, showing the date and time of the release, the name of the person to whom the reduced human remains were released and the name of the funeral establishment, cemetery, or other entity with whom the person is affiliated, the name of the person who released the reduced human remains on behalf of the disposition authority, and the name of the decedent. The natural organic reduction facility shall retain a copy of this receipt in its permanent records.

(c) A disposition authority shall maintain at its place of business a permanent record of each natural organic reduction that took place at its facility which shall contain the name of the decedent, the date of the natural organic reduction, and the final disposition of the reduced human remains.

(d) The disposition authority shall maintain a record of all reduced human remains disposed of by the disposition authority in accordance with subsection (d) of Section 75.

(e) Upon completion of the natural organic reduction, the disposition authority shall file the burial transit permit as required by the Illinois Vital Records Act and rules adopted under that Act and the Illinois Counties Code, and transmit a photocopy of the burial transit permit along with the reduced human remains to whoever receives the reduced human remains from the authorizing agent unless the reduced human remains are to be interred, entombed, inurned, or placed in a scattering area, in which case the disposition authority shall retain a copy of the burial transit permit and shall send the permit, along with the reduced human remains, to the cemetery, which shall file the permit with the designated agency after the interment, entombment, inurnment, or scattering has taken place.

(f) All cemeteries shall maintain a record of all reduced human remains that are disposed of on their property, provided that the reduced human remains were properly transferred to the cemetery and the cemetery issued a receipt acknowledging the transfer of the reduced human remains.

Section 70. Natural organic reduction procedures.

(a) Human remains shall not be reduced within 24 hours after the time of death, as indicated on the Medical Examiner's or Coroner's Certificate of Death. In any death, the human remains shall not be reduced by the disposition authority until a natural organic reduction permit has been received from the coroner or medical examiner of the county in which the death occurred and the disposition authority has received a natural organic reduction authorization form, executed by an authorizing agent, in accordance with the provisions of Section 60 of this Act. In no instance, however, shall the lapse of time between the death and the natural organic reduction be less than 24 hours, unless because of a religious requirement.

(b) Except as set forth in subsection (a), a disposition authority shall have the right to schedule the natural organic reduction to be performed at its own convenience, at any time after the human remains have been delivered to the disposition authority, unless the disposition authority has received specific instructions to the contrary on the natural organic reduction authorization form.

(c) No disposition authority shall reduce human remains when it has actual knowledge that human remains contain material or implant that may be potentially hazardous to the person performing the natural organic reduction.

(d) No disposition authority shall accept embalmed remains for natural organic reduction.

(e) Whenever a disposition authority is unable or unauthorized to reduce human remains immediately upon taking custody of the remains, the disposition authority shall place the human remains in operable refrigeration unit with cleanable, noncorrosive interior and exterior finishes. The unit must be capable of maintaining a temperature of less than 40 degrees Fahrenheit or below and of holding at least 3 bodies. For purposes of this section, immediately upon taking custody means within 24 hours of taking custody. The disposition authority must notify the authorizing agent of the reasons for delay in the natural organic reduction if a properly authorized natural organic reduction is not performed within any time period expressly contemplated in the authorization.

(f) A disposition authority shall not accept an alternative container or external wrapping from which there is any evidence of the leakage of body fluids.

(g) A disposition authority shall not reduce the remains of more than one person at the same time and in the same reduction chamber or introduce the remains of a second person into the reduction chamber until the reduction of preceding remains has been terminated and reasonable efforts have been employed to remove all fragments of preceding remains. The fact that there is residue in the reduction chamber or other equipment or a container used in a prior reduction does not violate this section.

(h) No unauthorized person shall be permitted in the holding facility or natural organic reduction room while any human remains are being held there awaiting natural organic reduction, being reduced, or being removed from the reduction chamber.

(i) A disposition authority shall not remove any dental gold, body parts, organs, or any item of value prior to or subsequent to a natural organic reduction without previously having received specific written authorization from the authorizing agent and written instructions for the delivery of these items to the authorizing agent. Under no circumstances shall a disposition authority profit from making or assisting in any removal of valuables.

(j) In instances when the remains of deceased human beings are to be delivered to a natural organic reduction facility in a casket that is not to be organically reduced with the deceased, timely disclosure thereof must be made by the person making the funeral arrangements to the natural organic reduction facility that prior to the natural organic reduction the remains of the deceased human being shall be transferred to an alternative container. Such signed acknowledgement of the authorizing person, that the timely disclosure has been made, shall be retained by the natural organic reduction facility in its permanent records.

(k) A disposition authority shall:

(1) collect material samples for analysis that are representative of each instance of natural organic reduction;

(2) analyze each material sample of reduced remains for physical contaminants. Reduced remains must have less than 0.01 mg per kg dry weight of physical contaminants which include, but are not limited to, intact bone, dental filings, and medical implants;

(3) analyze, using a third-party laboratory accredited by the Illinois Environmental Protection Agency's Laboratory Accreditation Program, the natural organic reduction facility's material samples of reduced remains according to the following schedule:

(i) the natural organic reduction facility's initial 20 instances of reduced remains for the parameters identified in Table A, and any additional instances of reduced remains necessary to achieve 20 material samples of reduced remains meeting the limits identified in Table A;

(ii) following 20 material samples of reduced remains meeting limits outlined in Table A, analyze, at minimum, 25% of a natural organic reduction facility's monthly instances of reduced remains for the parameters identified in Table A until 80 total material samples of reduced remains have met the requirements in Table A; or

(iii) the Comptroller, Department of Public Health, or local health department may require tests for additional parameters under paragraphs (2) and (3).

(4) not release any human remains that exceed the limits identified in Table A; and

(5) prepare, maintain, and provide upon request by the Comptroller, Department of Public Health, or local health department, an annual report each calendar year. The annual report must detail the natural organic reduction facility's activities during the previous calendar year and must include the following information:

(i) name and address of the natural organic reduction facility;

(ii) calendar year covered by the report;

(iii) annual quantity of reduced remains;

(iv) results of any laboratory analyses of reduced remains, including an affirmation that the analysis was prepared in accordance with this subsection (k); and

(v) any additional information required by the Comptroller, Illinois Department of Public Health, or the local health department.

Table A: Testing Parameters

(l) Upon the completion of each natural organic reduction, and insofar as is practicable, all of the recoverable residue of the reduction process shall be removed from the reduction chamber.

(m) If all of the recovered reduced human remains will not fit within the receptacle that has been selected, the remainder of the reduced human remains shall be disposed of in accordance with subsection (i) of Section 55.

(n) A disposition authority shall not knowingly represent to an authorizing agent or the agent's designee that a temporary container or urn contains the reduced remains of a specific decedent when it does not.

(o) Reduced human remains shall be shipped only by a method that has an internal tracing system available and that provides a receipt signed by the person accepting delivery.

(p) A disposition authority shall maintain an identification system that shall ensure that it shall be able to identify the human remains in its possession throughout all phases of the natural organic reduction process.

(q) A disposition authority shall not reduce via natural organic reduction the remains required to be labeled as an infection hazard under 77 Ill. Adm. Code 690.1200(k).

(r) In the case of an event where the health of the public may be at risk or there are signs at a facility of a potential health hazard, the Illinois Department of Public Health shall be consulted to assess the natural organic reduction facility.

Section 75. Disposition of reduced human remains.

(a) The authorizing agent shall be responsible for the final disposition of the reduced human remains. The reduced human remains may be disposed of by placing them in a grave, crypt, or niche or by scattering them in a scattering area as defined in this Act.

(b) Reduced human remains may be integrated into the soil in an area where no local prohibition exists, provided that the reduced human remains are not distinguishable to the public, are not in a container, and that the person who has control over disposition of the reduced human remains has obtained written permission of the property owner or governing agency to integrate into soil on the property.

(c) A State or local agency may adopt an ordinance, regulation, or policy, as appropriate, authorizing or specifically prohibiting the integration of reduced human remains into the soil on lands under the agency's jurisdiction. The integration into the soil of the reduced human remains of more than one person in one location pursuant to this section does not create a cemetery.

(d) Upon the completion of the natural organic reduction process, and except as provided for in subparagraph (I) of paragraph (1) of subsection (a) of Section 55, if the disposition authority has not been instructed to arrange for the interment, entombment, inurnment, or scattering of the reduced human remains, the disposition authority shall deliver the reduced human remains to the individual specified on the natural organic reduction authorization form or, if no individual is specified, then to the authorizing agent. Upon receipt of the reduced human remains, the individual receiving them may transport them in any manner in this State without a permit and may dispose of them in accordance with this Section. After delivery, the disposition authority shall be discharged from any legal obligation or liability concerning the reduced human remains.

(e) If, after a period of 60 days from the date the natural organic reduction process is complete, the authorizing agent or the agent's designee has not instructed the disposition authority to arrange for the final disposition of the reduced human remains or claimed the reduced human remains, the disposition authority may dispose of the reduced human remains in any manner permitted by this Section. The disposition authority, however, shall keep a permanent record identifying the site of final disposition. The authorizing agent shall be responsible for reimbursing the disposition authority for all reasonable expenses incurred in disposing of the reduced human remains. Upon disposing of the reduced human remains, the disposition authority shall be discharged from any legal obligation or liability concerning the reduced remains. Any person who was in possession of reduced remains prior to the effective date of this Act may dispose of them in accordance with this Section.

(f) Except with the express written permission of the authorizing agent, no person shall:

(1) dispose of reduced human remains in a manner or in a location so that the reduced human remains are commingled with those of another person. This prohibition shall not apply to the scattering of reduced remains at sea, by air or in an area located in a dedicated cemetery or private property and used exclusively for those purposes; or

(2) place reduced human remains of more than one person in the same temporary container or urn.

(g) No person shall sell the soil resulting from reduced human remains for commercial purposes.

Section 80. Limitation of liability.

(a) A disposition authority that has received an executed natural organic reduction authorization form that complies with paragraph (1) of subsection (a) of Section 55 and has received any additional documentation required by Section 55 shall not be liable for reducing the human remains designated by the natural organic reduction authorization form if the natural organic reduction is performed in accordance with this Act.

(b) A disposition authority shall not be liable for refusing to accept human remains or to perform a natural organic reduction until it receives a court order or other suitable confirmation that a dispute has been settled, if:

(1) it is aware of any dispute concerning the natural organic reduction of the human remains;

(2) it has a reasonable basis for questioning any of the representations made by the authorizing agent; or

(3) it refuses to accept the human remains for any other lawful reason. This provision shall not be construed as placing any affirmative obligation, not otherwise required by law, on any disposition authority to accept any human remains for natural organic reduction.

(c) No cemetery shall be liable for any reduced human remains that are dumped, scattered, or otherwise deposited on the cemetery in violation of this Act, if that action is taken without the cemetery's consent.

(d) If a disposition authority is aware of any dispute concerning the release or disposition of the reduced human remains, the disposition authority may refuse to release the reduced human remains until the dispute has been resolved or the disposition authority has been provided with a court order directing the release or disposition of the reduced remains. A disposition authority shall not be liable for refusing to release or dispose of reduced human remains in accordance with this Section.

(e) A disposition authority shall not be responsible or liable for any valuables delivered to the disposition authority with human remains, unless the disposition authority has received written instructions in accordance with paragraph (J) of paragraph (1) of subsection (a) of Section 55.

Section 85. Hazardous implants. If an authorizing agent informs the funeral director and the disposition authority on the natural organic reduction authorization form of the presence of hazardous implants in the human remains, then the funeral director shall be responsible for ensuring that all necessary steps have been taken to remove the hazardous implants before delivering the human remains to the natural organic reduction facility for natural organic reduction. The funeral director who delivers the human remains to the natural organic reduction facility fails to ensure that the hazardous implants have been removed from the human remains prior to delivery, and should the human remains be reduced, then the funeral director who delivered the human remains to the natural organic reduction facility and anyone else covered by this Section shall be liable for all resulting damages.

Section 90. Penalties. Violations of this Act shall be punishable as follows:

(1) Performing a natural organic reduction without receipt of a natural organic reduction authorization form signed, in either paper or electronic format, by an authorizing agent shall be a Class 4 felony.

(2) Signing, in either paper or electronic format, a natural organic reduction authorization form with the actual knowledge that the form contains false or incorrect information shall be a Class 4 felony.

(3) A violation of any natural organic reduction procedure set forth in Section 70 shall be a Class 4 felony.

(4) Holding oneself out to the public as a disposition authority, or the operation of a building or structure within this State as a natural organic reduction facility, without being licensed under this Act, shall be a Class A misdemeanor.

(5) Performance of natural organic reduction service by a person who has not completed a training program as defined in Section 60 of this Act shall be a Class A misdemeanor.

(6) Any person who intentionally violates a provision of this Act or a final order of the Comptroller is liable for a civil penalty not to exceed $5,000 per violation.

(7) Any person who knowingly acts without proper legal authority and who willfully and knowingly destroys or damages the remains of a deceased human being or who desecrates human remains is guilty of a Class 3 felony.

(8) A violation of any other provision of this Act shall be a Class B misdemeanor.

Section 95. Failure to file annual report. Whenever a disposition authority refuses or neglects to file its annual report in violation of Section 20 of this Act or fails to otherwise comply with the requirements of this Act, the Comptroller shall impose a penalty as provided for by rule for each and every day the licensee remains delinquent in submitting the annual report. Such report shall be made under oath and shall be in a form determined by the Comptroller.

Section 100. Injunctive action; cease and desist order.

(a) If any person violates the provisions of this Act, the Comptroller, in the name of the People of the State, through the Attorney General or the State's Attorney of the county in which the violation is alleged to have occurred, may petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition, the court with appropriate jurisdiction may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section are in addition to, and not in lieu of, all other remedies and penalties provided by this Act.

(b) Whenever, in the opinion of the Comptroller, a person violates any provision of this Act, the Comptroller may issue a rule to show cause why an order to cease and desist should not be entered against that person. The rule shall clearly set forth the grounds relied upon by the Comptroller and shall allow at least 7 days from the date of the rule to file an answer satisfactory to the Comptroller. Failure to answer to the satisfaction of the Comptroller shall cause an order to cease and desist to be issued.

Section 105. Service of notice. Service by the Comptroller of any notice requiring a person to file a statement or report under this Act shall be made: (1) personally by delivery of a duly executed copy of the notice to the person to be served or, if that person is not a natural person, in the manner provided in the Civil Practice Law when a complaint is filed; or (2) by mailing by certified mail a duly executed copy of the notice to the person at his or her address of record.

Section 110. Investigations; notice and hearing. The Comptroller may at any time investigate the actions of any applicant or of any person, persons, or entity rendering or offering natural organic reduction services or any person or entity holding or claiming to hold a license as a licensed natural organic reduction facility. The Comptroller shall, before revoking, suspending, placing on probation, reprimanding, or taking any other disciplinary action under Section 11 of this Act, at least 30 days before the date set for the hearing: (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges; (ii) direct the accused applicant or licensee to file a written answer to the charges with the Comptroller under oath within 20 days after the service on the accused of the notice; and (iii) inform the accused that, if the accused fails to answer, default will be taken against the accused or that the accused's license may be suspended, revoked, placed on probationary status, or other disciplinary action taken with regard to the license, including limiting the scope, nature, or extent of the accused's practice, as the Comptroller may consider proper.

At the time and place fixed in the notice, the Comptroller shall proceed to hear the charges and the parties, or their counsel shall be accorded ample opportunity to present any pertinent statements, testimony, evidence, and arguments. The Comptroller shall have the authority to appoint an attorney duly licensed to practice law in the State to serve as the hearing officer in any disciplinary action with regard to a license. The hearing officer shall have full authority to conduct the hearing. The Comptroller may continue the hearing from time to time. In case the person, after receiving the notice, fails to file an answer, the person's license may, in the discretion of the Comptroller, be suspended, revoked, placed on probationary status, or the Comptroller may take whatever disciplinary action considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for that action under this Act. The written notice may be served by personal delivery or by certified mail to the address specified by the accused in the accused's last notification with the Comptroller.

Section 115. Compelling testimony. Any circuit court, upon application of the Comptroller or designated hearing officer may enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books, and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.

Section 120. Administrative review; venue; certification of record; costs.

(a) All final administrative decisions of the Comptroller are subject to judicial review under the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

(b) Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, but if the party is not a resident of Illinois, the venue shall be in Sangamon County.

(c) The Comptroller shall not be required to certify any record of the court, file an answer in court, or to otherwise appear in any court in a judicial review proceeding unless and until the Comptroller has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Comptroller. Failure on the part of the plaintiff to make such payment to the Comptroller is grounds for dismissal of the action.

Section 125. Preneed of natural organic reduction arrangements.

(a) Any person, or anyone who has legal authority to act on behalf of a person, on a preneed basis, may authorize the person's own natural organic reduction and the final disposition of the person's reduced remains by executing, as the authorizing agent, a natural organic reduction authorization form on a preneed basis. A copy of this form shall be provided to the person. Any person shall have the right to transfer or cancel this authorization at any time prior to death by destroying the executed natural organic reduction authorization form and providing written notice to the disposition authority named in the preneed form.

(b) Any natural organic authorization form that is being executed by an individual as the individual's own authorizing agent on a preneed basis shall contain the following disclosure, which shall be completed by the authorizing agent:

"( ) I do not wish to allow any of my survivors the option of cancelling my natural organic reduction and selecting alternative arrangements, regardless of whether my survivors deem a change to be appropriate.

( ) I wish to allow only the survivors whom I have designated below the option of cancelling my natural organic reduction and selecting alternative arrangements, if they deem a change to be appropriate."

(c) Except as provided in subsection (b) of this Section, at the time of the death of a person who has executed, as the authorizing agent, a natural organic reduction authorization form on a preneed basis, any person in possession of an executed form and any person charged with making arrangements for the final disposition of the decedent who has knowledge of the existence of an executed form, shall use the person's best efforts to ensure that the decedent is reduced and that the final disposition of the reduced human remains is in accordance with the instructions contained on the natural organic reduction authorization form. If a disposition authority (i) is in possession of a completed natural organic reduction authorization form that was executed on a preneed basis, (ii) is in possession of the designated human remains, and (iii) has received payment for the natural organic reduction of the human remains and the final disposition of the reduced human remains or is otherwise assured of payment, then the disposition authority shall be required to reduced the human remains and dispose of the reduced human remains according to the instructions contained on the natural organic reduction authorization form and may do so without any liability.

(d) Any preneed contract sold by, or pre-need arrangements made with, a cemetery, funeral establishment, disposition authority, or any other party that includes a natural organic reduction shall specify the final disposition of the reduced human remains, in accordance with Section 75. If no different or inconsistent instructions are provided to the disposition authority by the authorizing agent at the time of death, the disposition authority shall be authorized to release or dispose of the reduced human remains as indicated in the preneed agreement. Upon compliance with the terms of the preneed agreement, the disposition authority shall be discharged from any legal obligation concerning the reduced human remains. The preneed agreement shall be kept as a permanent record by the disposition authority.

(e) This Section shall not apply to any natural organic reduction authorization form or preneed contract executed prior to the effective date of this Act. Any cemetery, funeral establishment, disposition authority, or other party, however, with the written approval of the authorizing agent or person who executed the preneed contract, may designate that the natural organic reduction authorization form or preneed contract shall be subject to this Act.

Section 130. Employment of funeral director by a disposition authority.

(a) A disposition authority shall be permitted to enter into a contract with a funeral director or funeral business for the purpose of arranging natural organic reduction on an at-need basis with the general public, transporting human remains to the natural organic reduction facility, and processing all necessary paperwork.

(b) No aspect of this Act shall be construed to require a licensed funeral director to perform any functions not otherwise required by law to be performed by a licensed funeral director.

Section 135. Scope of Act. This Act shall be construed and interpreted as a comprehensive natural organic reduction statute, and the provisions of this Act shall take precedence over any existing laws containing provisions applicable to natural organic reduction, but that do not specifically or comprehensively address natural organic reduction.

Section 140. Record of proceedings; transcript. The Comptroller, at its expense, shall preserve a record of all proceedings at the formal hearing of any case. Any notice of hearing, complaint, all other documents in the nature of pleadings, written motions filed in the proceedings, the transcripts of testimony, the report of the hearing officer, and orders of the Comptroller shall be in the record of the proceeding. The Comptroller shall furnish a transcript of such record to any person interested in such hearing upon payment of a reasonable fee.

Section 145. Subpoenas; depositions; oaths. The Comptroller has the power to subpoena documents, books, records or other materials and to bring before it any person and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed in civil cases in the courts of this State. The Comptroller, the designated hearing officer, or any qualified person the Comptroller may designate has the power to administer oaths to witnesses at any hearing that the Comptroller is authorized to conduct, and any other oaths authorized in any Act administered by the Comptroller. Every person having taken an oath or affirmation in any proceeding or matter wherein an oath is required by this Act, who shall swear willfully, corruptly and falsely in a matter material to the issue or point in question, or shall suborn any other person to swear as aforesaid, shall be guilty of perjury or subornation of perjury, as the case may be and shall be punished as provided by State law relative to perjury and subornation of perjury.

Section 150. Findings and recommendations. At the conclusion of the hearing, the hearing officer shall present to the Comptroller a written report of its findings of fact, conclusions of law, and recommendations. The report shall contain a finding whether or not the accused person violated this Act or its rules or failed to comply with the conditions required in this Act or its rules. The hearing officer shall specify the nature of any violations or failure to comply and shall make recommendations to the Comptroller. In making recommendations for any disciplinary actions, the hearing officer may take into consideration all facts and circumstances bearing upon the reasonableness of the conduct of the accused and the potential for future harm to the public, including but not limited to, previous discipline of the accused by the Comptroller, intent, degree of harm to the public and likelihood of harm in the future, any restitution made by the accused, and whether the incident or incidents contained in the complaint appear to be isolated or represent a continuing pattern of conduct. In making its recommendations for discipline, the hearing officer shall endeavor to ensure that the severity of the discipline recommended is reasonably related to the severity of the violation. The report of findings of fact, conclusions of law, and recommendation of the hearing officer shall be the basis for the Comptroller's order refusing to issue, restore, place on probation, fine, suspend, revoke a license, or otherwise disciplining a licensee. If the Comptroller disagrees with the recommendations of the hearing officer, the Comptroller may issue an order in contravention of the hearing officer's recommendations. The finding is not admissible in evidence against the person in a criminal prosecution brought for a violation of this Act, but the hearing and finding are not a bar to a criminal prosecution brought for a violation of this Act.

Section 155. Rehearing. At the conclusion of the hearing, a copy of the hearing officer's report shall be served upon the applicant or licensee by the Comptroller, either personally or as provided in this Act. Within 20 days after service, the applicant or licensee may present to the Comptroller a motion in writing for a rehearing, which shall specify the particular grounds for rehearing. The Comptroller may respond to the motion for rehearing within 20 days after its service on the Comptroller. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon denial, the Comptroller may enter an order in accordance with recommendations of the hearing officer except as provided in Section 160 of this Act.

If the applicant or licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the applicant or licensee.

Section 160. Comptroller; rehearing. Whenever the Comptroller believes that substantial justice has not been done in the revocation, suspension, or refusal to issue or restore a license or other discipline of an applicant or licensee, he or she may order a rehearing by the same or other hearing officers.

Section 165. Order or certified copy; prima facie proof. An order or certified copy thereof, over the seal of the Comptroller and purporting to be signed by the Comptroller, is prima facie proof that:

(1) the signature is the genuine signature of the Comptroller;

(2) the Comptroller is duly appointed and qualified; and

(3) the hearing officer is qualified to act.

Section 170. Civil action and civil penalties. In addition to the other penalties and remedies provided in this Act, the Comptroller may bring a civil action in the county of residence of the licensee or any other person to enjoin any violation or threatened violation of this Act. In addition to any other penalty provided by law, any person who violates this Act shall forfeit and pay a civil penalty to the Comptroller in an amount not to exceed $5,000 for each violation as determined by the Comptroller. The civil penalty shall be assessed by the Comptroller in accordance with the provisions of this Act.

Any civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. All moneys collected under this Section shall be deposited with the Comptroller.

Section 175. Consent order. At any point in any investigation or disciplinary proceedings as provided in this Act, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of the Comptroller.

Section 180. Illinois Administrative Procedure Act; application. The Illinois Administrative Procedure Act is expressly adopted and incorporated in this Act as if all of the provisions of that Act were included in this Act, except that the provision of paragraph (d) of Section 10-65 of the Illinois Administrative Procedure Act, which provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention or continuation of the license, is specifically excluded. For the purpose of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is considered sufficient when mailed to the address of record.

Section 185. Summary suspension of a license. The Comptroller may summarily suspend a license of a licensed natural organic reduction facility without a hearing, simultaneously with the institution of proceedings for a hearing provided for in this Act, if the Comptroller finds that evidence in the Comptroller's possession indicates that the licensee's continued practice would constitute an imminent danger to the public. If the Comptroller summarily suspends the license of a licensed natural organic reduction facility without a hearing, a hearing must be commenced within 30 days after the suspension has occurred and concluded as expeditiously as practical. In the event of a summary suspension, the county coroner or medical examiner responsible for the area where the natural organic reduction facility is located shall make arrangements to dispose of any bodies in the suspended licensee's possession after consulting with the authorizing agents for those bodies.

Section 99. Effective date. This Act takes effect January 1, 2025.