Full Text of HB3158 103rd General Assembly
HB3158eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Natural Organic Reduction Regulation Act. | 6 | | Section 5. Legislative intent. The practice of natural | 7 | | organic reduction in the State is declared to be a practice | 8 | | affecting the public health, safety, and welfare and subject | 9 | | to regulation and control in the public interest. It is | 10 | | further declared to be a matter of public interest and concern | 11 | | that the preparation, care, and final disposition of a | 12 | | deceased human body be attended with appropriate observance | 13 | | and understanding, having due regard and respect for the | 14 | | reverent care of the human body and for those bereaved and the | 15 | | overall spiritual dignity of the human. It is further a matter | 16 | | of public interest that the practice of natural organic | 17 | | reduction, as defined in this Act, be done only by qualified | 18 | | persons authorized by this Act. This Act shall be liberally | 19 | | construed to best carry out these subjects and purposes. | 20 | | Section 10. Definitions. As used in this Act:
| 21 | | "Address of record" means the designated address recorded | 22 | | by the Comptroller in the applicant's or licensee's |
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| 1 | | application file or license file. The address of record shall | 2 | | be the permanent street address of the natural organic | 3 | | reduction facility. | 4 | | "Alternative container" means a receptacle or | 5 | | biodegradable external wrapping, other than a casket, in which | 6 | | human remains are transported to the natural organic reduction | 7 | | facility. An alternative container shall be: (i) able to be | 8 | | closed in order to provide a complete covering for the human | 9 | | remains; (ii) resistant to leakage or spillage; (iii) rigid | 10 | | enough for handling with ease; and (iv) able to provide | 11 | | protection for the health, safety, and personal integrity of | 12 | | the natural organic reduction facilities personnel.
| 13 | | "Authorizing agent" means a person legally entitled to | 14 | | order the natural organic reduction and final disposition of | 15 | | specific human remains. "Authorizing agent" includes an | 16 | | institution of medical, mortuary, or other sciences as | 17 | | provided in Section 20 of the Disposition of Remains of the | 18 | | Indigent Act.
| 19 | | "Body parts" means limbs or other portions of the anatomy | 20 | | that are removed from a person or human remains for medical | 21 | | purposes during treatment, surgery, biopsy, autopsy, or | 22 | | medical research or human bodies or any portion of bodies that | 23 | | have been donated to science for medical research purposes.
| 24 | | "Burial transit permit" means a permit for disposition of | 25 | | a dead human body as required by State law.
| 26 | | "Casket" means a ridged container that is designed for the |
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| 1 | | encasement of human remains. A casket is usually constructed | 2 | | of wood, metal, or like material and ornamented and lined with | 3 | | fabric, and may or may not be combustible.
| 4 | | "Comptroller" means the Comptroller of the State.
| 5 | | "Disposition authority" means the legal entity which is | 6 | | licensed by the Comptroller to operate a natural organic | 7 | | reduction facility and to perform natural organic reductions.
| 8 | | "Final disposition" means the burial, cremation, natural | 9 | | organic reduction, or other disposition of human remains or | 10 | | parts of human remains.
| 11 | | "Funeral director" means a person known by the title of | 12 | | "funeral director", "funeral director and embalmer", or other | 13 | | similar words or titles licensed by the State to practice | 14 | | funeral directing or funeral directing and embalming.
| 15 | | "Funeral establishment" means a building or separate | 16 | | portion of a building having a specific street address and | 17 | | location and devoted to activities relating to the shelter, | 18 | | care, custody, and preparation of a deceased human body and | 19 | | may contain facilities for funeral or wake services.
| 20 | | "Holding facility" means an area that: (i) is designated | 21 | | for the retention of human remains prior to natural organic | 22 | | reduction; (ii) complies with all applicable public health | 23 | | law; (iii) preserves the health and safety of the natural | 24 | | organic reduction facilities personnel; and (iv) is secure | 25 | | from access by anyone other than authorized persons. A holding | 26 | | facility may be located in the natural organic reduction room, |
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| 1 | | consistent with the refrigeration requirements of this Act.
| 2 | | "Human remains" means the body of a deceased person, | 3 | | including any form of body prosthesis that has been | 4 | | permanently attached or implanted in the body.
| 5 | | "Integrate into the soil" means the authorized addition | 6 | | and mixing of reduced human remains with existing soil in a | 7 | | defined area within a dedicated cemetery, conservation area, | 8 | | property where the person who has control over the disposition | 9 | | of the reduced human remains has obtained written permission | 10 | | of the property owner.
| 11 | | "Licensee" means an entity licensed under this Act. An | 12 | | entity that holds itself as a licensee or that is accused of | 13 | | unlicensed practice is considered a licensee for purposes of | 14 | | enforcement, investigation, hearings, and the Illinois | 15 | | Administrative Procedure Act.
| 16 | | "Natural organic reduction" means the process of | 17 | | transforming a human body into soil using the natural | 18 | | decomposition process, accelerated with the addition of | 19 | | organic materials through the following steps:
| 20 | | (1) The body of a deceased person is mixed together | 21 | | with natural materials and air and is periodically turned, | 22 | | eventually resulting in the body's reduction to a soil | 23 | | material.
| 24 | | (2) Large tanks, containers, or similar vessels hold | 25 | | human remains together with straw, wood chips, or other | 26 | | natural materials until the process is complete.
Any such |
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| 1 | | tank, container, or similar vessel shall be stainless | 2 | | steel, leakproof, promote aerobic reduction and provide | 3 | | for continuous monitoring of the natural organic reduction | 4 | | process. | 5 | | (3) The processing of the remains after removal from | 6 | | the reduction chamber.
| 7 | | "Natural organic reduction authorization" means the | 8 | | natural organic reduction form authorizing a natural organic | 9 | | reduction which is signed by the next of kin or authorizing | 10 | | agent. This natural organic reduction form must be a separate | 11 | | document and cannot be a part of another form or document.
| 12 | | "Natural organic reduction facility" means the building or | 13 | | portions of a building that houses the natural organic | 14 | | reduction room and the holding facility.
The facility shall | 15 | | have a ventilation system that ventilates from the tank, | 16 | | container, or similar vessel to a biofiltration system. | 17 | | "Natural organic reduction room" means the room in which | 18 | | the reduction chambers are located.
| 19 | | "Niche" means a compartment or cubicle for the | 20 | | memorialization and permanent placement of an urn containing | 21 | | reduced remains.
| 22 | | "Person" means any person, partnership, association, | 23 | | corporation, limited liability company, or other entity, and | 24 | | in the case of any such business organization, its officers, | 25 | | partners, members, or shareholders possessing 25% or more of | 26 | | ownership of the entity.
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| 1 | | "Processing" means the removal of foreign objects as well | 2 | | as, but not limited to, grinding, crushing, and pulverizing of | 3 | | the remaining teeth and bones for the reduced human remains to | 4 | | be integrated into the soil.
| 5 | | "Pulverization" means the reduction of identifiable bone | 6 | | fragments after the completion of the natural organic | 7 | | reduction process to granulated particles by manual or | 8 | | mechanical means.
| 9 | | "Reduction chamber" means the enclosed space within which | 10 | | individual human remains are reduced and any other attached, | 11 | | non-enclosed, mechanical components that are necessary for the | 12 | | safe and proper functioning of the equipment. A reduction | 13 | | chamber shall meet or exceed the requirements set by the | 14 | | federal Centers for Disease Control and Prevention for | 15 | | destruction of human pathogens.
| 16 | | "Reduced human remains" means the remains of a human body | 17 | | that have been reduced to soil through a process of reduction. | 18 | | "Reduced human remains" does not include foreign materials, | 19 | | pacemakers, or prostheses.
| 20 | | "Reduced remains interment container" means a rigid outer | 21 | | container that is subject to a cemetery's rules and | 22 | | regulations.
| 23 | | "Scattering area" means an area which may be designated by | 24 | | a cemetery and located on dedicated cemetery property, or an | 25 | | area designated as a scattering area on private land or a | 26 | | privately owned nature preserve where reduced human remains, |
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| 1 | | which have been removed from the container, can be mixed with, | 2 | | or placed on top of, the soil or ground cover.
| 3 | | "Temporary container" means a receptacle for reduced human | 4 | | remains, usually composed of cardboard, plastic or similar | 5 | | material, that can be closed in a manner that prevents the | 6 | | leakage or spillage of the reduced human remains or the | 7 | | entrance of foreign material and is a single container of | 8 | | sufficient size to hold the reduced human remains until an urn | 9 | | is acquired, or the reduced human remains are scattered.
| 10 | | "Urn" means a receptacle designed to encase a portion of | 11 | | the reduced human remains.
| 12 | | Section 15. Powers and duties of the Comptroller. Subject | 13 | | to the provisions of this Act, the Comptroller may exercise | 14 | | any of the following powers and duties:
| 15 | | (1) authorize standards to ascertain the | 16 | | qualifications and fitness of applicants for licensing as | 17 | | licensed natural organic reduction authorities and pass | 18 | | upon the qualifications of applicants for licensure;
| 19 | | (2) examine and audit a licensed disposition | 20 | | authority's record, natural organic reduction facility, or | 21 | | any other aspects of the natural organic reduction | 22 | | operations as the Comptroller deems appropriate;
| 23 | | (3) investigate any and all unlicensed activity;
| 24 | | (4) conduct hearings on proceedings to refuse to issue | 25 | | licenses or to revoke, suspend, place on probation, |
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| 1 | | reprimand, or otherwise discipline licensees and to refuse | 2 | | to issue licenses or to revoke, suspend, place on | 3 | | probation, reprimand, or otherwise discipline licensees;
| 4 | | (5) formulate rules required for the administration of | 5 | | this Act; and
| 6 | | (6) maintain rosters of the names and addresses of all | 7 | | licensees, and all entities whose licenses have been | 8 | | suspended, revoked, or otherwise disciplined. These | 9 | | rosters shall be available upon written request and | 10 | | payment of the required fee.
| 11 | | Section 20. Establishment of a natural organic reduction | 12 | | facility and licensing of disposition authority.
| 13 | | (a) Any person doing business in this State, or any | 14 | | cemetery, crematory, funeral establishment, corporation, | 15 | | partnership, joint venture, voluntary organization, or any | 16 | | other entity, may erect, maintain, and operate a natural | 17 | | organic reduction facility in this State and provide the | 18 | | necessary appliances and facilities for the natural organic | 19 | | reduction of human remains in accordance with this Act.
| 20 | | (b) A natural organic reduction facility shall be subject | 21 | | to all local, State, and federal health and environmental | 22 | | protection requirements and shall obtain all necessary | 23 | | licenses and permits from the Department of Financial and | 24 | | Professional Regulation, the Department of Public Health, the | 25 | | federal Department of Health and Human Services, and the State |
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| 1 | | and federal Environmental Protection Agencies, or such other | 2 | | appropriate local, State, or federal agencies.
| 3 | | (c) A natural organic reduction facility may be | 4 | | constructed on or adjacent to any cemetery, crematory, on or | 5 | | adjacent to any funeral establishment, or at any other | 6 | | location consistent with local zoning regulations.
| 7 | | (d) An application for licensure as a disposition | 8 | | authority shall be in writing on forms furnished by the | 9 | | Comptroller. Applications shall be accompanied by a fee of | 10 | | $100 and shall contain all of the following:
| 11 | | (1) the full name and address, both residence and | 12 | | business, of the applicant if the applicant is an | 13 | | individual; the full name and address of every member if | 14 | | the applicant is a partnership; the full name and address | 15 | | of every member of the board of directors if the applicant | 16 | | is an association; and the name and address of every | 17 | | officer, director, and shareholder holding more than 25% | 18 | | of the corporate stock if the applicant is a corporation;
| 19 | | (2) the address and location of the natural organic | 20 | | reduction facility;
| 21 | | (3) a description of the type of structure, equipment, | 22 | | and technical process to be used in the operation of the | 23 | | natural organic reduction facility; and
| 24 | | (4) any further information that the Comptroller | 25 | | reasonably may require.
| 26 | | (e) Each disposition authority shall file an annual report |
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| 1 | | with the Comptroller, accompanied with a $25 fee plus $5 for | 2 | | each natural organic reduction performed that calendar year, | 3 | | providing (i) an affidavit signed by the owner of the natural | 4 | | organic reduction facility that at the time of the report the | 5 | | natural organic reduction device was in proper operating | 6 | | condition and all annual recommended maintenance by the | 7 | | manufacturer was performed, (ii) the total number of all | 8 | | natural organic reduction performed at the natural organic | 9 | | reduction facility during the past year, (iii) attestation by | 10 | | the licensee that all applicable permits and certifications | 11 | | are valid, (iv) either (A) any changes required in the | 12 | | information provided under subsection (d) or (B) an indication | 13 | | that no changes have occurred, and (v) any other information | 14 | | that the Comptroller may require. The annual report shall be | 15 | | filed by a disposition authority on or before March 15 of each | 16 | | calendar year. If the fiscal year of a disposition authority | 17 | | is other than on a calendar year basis, then the disposition | 18 | | authority shall file the report required by this Section | 19 | | within 75 days after the end of its fiscal year. If a | 20 | | disposition authority fails to submit an annual report to the | 21 | | Comptroller within the time specified in this Section, the | 22 | | Comptroller shall impose upon a disposition authority a | 23 | | penalty of $5 for each and every day the disposition authority | 24 | | remains delinquent in submitting the annual report. The | 25 | | Comptroller may abate all or part of the $5 daily penalty for | 26 | | good cause shown.
The $25 annual report fee shall be deposited |
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| 1 | | into the Comptroller's Administrative Fund. The $5 fee for | 2 | | each natural organic reduction performed shall be deposited | 3 | | into the Cemetery Consumer Protection Fund. | 4 | | (f) All records required to be maintained under this Act, | 5 | | including, but not limited to, those relating to the license | 6 | | and annual report of the disposition authority required to be | 7 | | filed under this Section, shall be subject to inspection by | 8 | | the Comptroller upon reasonable notice.
| 9 | | (g) The Comptroller may inspect a natural organic | 10 | | reduction facility record at the disposition authority's place | 11 | | of business to review the licensee's compliance with this Act. | 12 | | The Comptroller may charge a fee for the inspection of $100 to | 13 | | the licensee. The inspection must include verification that:
| 14 | | (1) the disposition authority has complied with | 15 | | record-keeping requirements of this Act;
| 16 | | (2) a natural organic reduction device operator's | 17 | | certification of training and the required continuing | 18 | | education certification is conspicuously displayed at the | 19 | | natural organic reduction facility; | 20 | | (3) the disposition authority is in compliance with | 21 | | local zoning requirements;
| 22 | | (4) the disposition authority license issued by the | 23 | | Comptroller is
conspicuously displayed at the natural | 24 | | organic reduction facility; and
| 25 | | (5) other details as determined by rule.
| 26 | | (h) Every license issued hereunder shall be renewed every |
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| 1 | | 5 years for a renewal fee of $100. The renewal fee shall be | 2 | | deposited into the Comptroller's Administrative Fund. The | 3 | | Comptroller, upon the request of an interested person or on | 4 | | his own motion, may issue new licenses to a licensee whose | 5 | | license or licenses have been revoked, if no factor or | 6 | | condition then exists which would have warranted the | 7 | | Comptroller to originally refuse the issuance of such license.
| 8 | | Section 25. Grounds for denial or discipline.
| 9 | | (a) In this Section, "applicant" means a person who has | 10 | | applied for a license under this Act including those persons | 11 | | whose names are listed on a license application in Section 20 | 12 | | of this Act.
| 13 | | (b) The Comptroller may refuse to issue a license, place | 14 | | on probation,
reprimand, or take other disciplinary action | 15 | | that the Comptroller may deem appropriate, including imposing | 16 | | fines not to exceed $5,000 for each violation, with regard to | 17 | | any license under this Act, or may suspend or revoke a license | 18 | | issued under this Act, on any of the following grounds:
| 19 | | (1) The applicant or licensee has made any | 20 | | misrepresentation or false statement or concealed any | 21 | | material fact in furnishing information to the | 22 | | Comptroller.
| 23 | | (2) The applicant or licensee has been engaged in | 24 | | fraudulent business practices.
| 25 | | (3) The applicant or licensee has refused to give |
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| 1 | | information required under this Act to be disclosed to the | 2 | | Comptroller or failing, within 30 days, to
provide | 3 | | information in response to a written request made by the | 4 | | Comptroller.
| 5 | | (4) Engaging in dishonorable, unethical, or | 6 | | unprofessional conduct of a character likely to deceive, | 7 | | defraud, or harm the public.
| 8 | | (5) As to any individual listed in the license | 9 | | application as required under Section 20, that individual | 10 | | has conducted or is about to conduct any natural
organic | 11 | | reduction business on behalf of the applicant in a | 12 | | fraudulent manner or has been convicted of any felony or | 13 | | misdemeanor an essential element of which is fraud.
| 14 | | (6) The applicant or licensee has failed to make the | 15 | | annual report required by this Act or to comply with a | 16 | | final order, decision, or finding of the Comptroller made | 17 | | under this Act.
| 18 | | (7) The applicant or licensee, including any member, | 19 | | officer, or director of the applicant or licensee if the | 20 | | applicant or licensee is a firm, partnership,
association, | 21 | | or corporation and including any shareholder holding more | 22 | | than 25% of the corporate stock of the applicant or | 23 | | licensee, has violated any provision of this Act or any | 24 | | regulation or order made by the Comptroller under this | 25 | | Act.
| 26 | | (8) The Comptroller finds any fact or condition |
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| 1 | | existing that, if it had existed at the time of the | 2 | | original application for a license under this Act,
would | 3 | | have warranted the Comptroller in refusing the issuance of | 4 | | the license.
| 5 | | (9) Any violation of this Act or of the rules adopted | 6 | | under this Act.
| 7 | | (10) Incompetence.
| 8 | | (11) Gross malpractice.
| 9 | | (12) Discipline by another state, District of | 10 | | Columbia, territory, or foreign nation, if at least one of | 11 | | the grounds for the discipline is the same or
| 12 | | substantially equivalent to those set forth in this | 13 | | Section.
| 14 | | (13) Directly or indirectly giving to or receiving | 15 | | from any person, firm, corporation, partnership, or | 16 | | association any fee, commission, rebate, or other
form of | 17 | | compensation for professional services not actually or | 18 | | personally rendered.
| 19 | | (14) A finding by the Comptroller that the licensee, | 20 | | after having its license placed on probationary status, | 21 | | has violated the terms of probation.
| 22 | | (15) Willfully making or filing false records or | 23 | | reports, including, but not limited to, false records | 24 | | filed with State agencies or departments.
| 25 | | (16) Gross, willful, or continued overcharging for | 26 | | professional services, including filing false statements |
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| 1 | | for collection of fees for which services are not
| 2 | | rendered.
| 3 | | (17) Practicing under a false or, except as provided | 4 | | by law, an assumed name.
| 5 | | (18) Cheating on or attempting to subvert this Act's | 6 | | licensing application process.
| 7 | | Section 30. License revocation or suspension; surrender of | 8 | | license.
Upon the revocation or suspension of a license issued | 9 | | under this Act, the licensee must immediately surrender the | 10 | | license to the Comptroller. If the licensee fails to do so, the | 11 | | Comptroller may seize the license.
| 12 | | Section 35. Surrender of license; effect on licensee's | 13 | | liability. A licensee may surrender a license issued under | 14 | | this Act by delivering to the Comptroller a written notice | 15 | | stating that the licensee thereby surrenders the license, but | 16 | | such a surrender does not affect the licensee's civil or | 17 | | criminal liability for acts committed before the surrender. | 18 | | Section 40. License; display; transfer; duration.
| 19 | | (a) Every license issued under this Act must state the | 20 | | number of the license, the business name and address of the | 21 | | licensee's principal place of business, and the licensee's | 22 | | parent company, if any. The license must be conspicuously | 23 | | posted in the place of business operating under the license.
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| 1 | | (b) After initial licensure, if any person comes to obtain | 2 | | at least 51% of the ownership over the natural organic | 3 | | reduction facility, then the disposition authority shall apply | 4 | | for a new license in the required time as set out by rule.
| 5 | | (c) Every license issued under this Act shall remain in | 6 | | force until it has been surrendered, suspended, or revoked in | 7 | | accordance with this Act. Upon the request of an interested | 8 | | person or on the Comptroller's own motion, the Comptroller may | 9 | | issue a new license to a licensee whose license has been | 10 | | revoked under this Act if no factor or condition then exists | 11 | | which would have warranted the Comptroller in originally | 12 | | refusing the issuance of the license.
| 13 | | Section 45. Authorizing agent. The priority of the person | 14 | | or persons who have the right to serve as the authorizing agent | 15 | | for natural organic reduction is in the same priority as | 16 | | provided for in Section 5 of the Disposition of Remains Act. | 17 | | Section 50. Natural organic reduction only in a natural | 18 | | organic reduction facility. An individual or a person, | 19 | | cemetery, crematory, funeral establishment, corporation, | 20 | | partnership, joint venture, voluntary organization, or other | 21 | | entity may reduce human remains only in a natural organic | 22 | | reduction facility operated by a disposition authority | 23 | | licensed for this purpose and only under the limitations | 24 | | provided in this Act. |
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| 1 | | Section 55. Authorization for natural organic reduction.
| 2 | | (a) A disposition authority shall not reduce human remains | 3 | | by natural organic reduction until it has received all of the | 4 | | following:
| 5 | | (1) a natural organic reduction authorization form | 6 | | signed by the next of kin or authorizing agent. The | 7 | | natural organic reduction authorization form shall be | 8 | | provided by the disposition authority and shall contain, | 9 | | at a minimum, the following information:
| 10 | | (A) the identity of the human remains and the time | 11 | | and date of death;
| 12 | | (B) the name of the funeral director and funeral | 13 | | establishment, if applicable, that obtained the | 14 | | natural organic reduction authorization;
| 15 | | (C) notification as to whether the death occurred | 16 | | from a disease declared by the Illinois Department of | 17 | | Health to be infectious, contagious, communicable, or | 18 | | dangerous to the public health;
| 19 | | (D) the name of the authorizing agent and the | 20 | | relationship between the authorizing agent and the | 21 | | decedent;
| 22 | | (E) a representation that the authorizing agent | 23 | | does in fact have the right to authorize the natural | 24 | | organic reduction of the decedent, and that the | 25 | | authorizing agent is not aware of any living person |
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| 1 | | who has a superior priority right to that of the | 2 | | authorizing agent, as set forth in Section 45. In the | 3 | | event there is another living person who has a | 4 | | superior priority right to that of the authorizing | 5 | | agent, the form shall contain a representation that | 6 | | the authorizing agent has made all reasonable efforts | 7 | | to contact that person, has been unable to do so, and | 8 | | has no reason to believe that the person would object | 9 | | to the natural organic reduction of the decedent;
| 10 | | (F) authorization for the disposition authority to | 11 | | reduce the human remains by natural organic reduction;
| 12 | | (G) a representation that the human remains do not | 13 | | contain any other material or implant that may be | 14 | | potentially hazardous or cause damage
to the natural | 15 | | organic reduction chamber or the person performing the | 16 | | natural organic reduction;
| 17 | | (H) the name of the person authorized to receive | 18 | | the reduced remains from the disposition authority; | 19 | | (I) the manner in which final disposition of the | 20 | | reduced human remains is to take place, if known. If | 21 | | the reduction authorization form does not specify | 22 | | final disposition in a grave, crypt, niche, or | 23 | | scattering area, then the form may indicate that the | 24 | | reduced human remains will be held by the disposition | 25 | | authority for 30 days before they are released, unless | 26 | | they are picked up from the disposition authority |
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| 1 | | prior to that time, in person, by the authorizing | 2 | | agent with prior consent from the authorizing agent. | 3 | | At the end of the 60 days the disposition authority may | 4 | | return the reduced human remains to the authorizing | 5 | | agent if no final disposition arrangements are made; | 6 | | or at the end of 60 days the disposition authority may | 7 | | dispose of the reduced human remains in accordance | 8 | | with this subsection (b) of Section 75;
| 9 | | (J) a listing of any items of value to be delivered | 10 | | to the disposition authority along with the human | 11 | | remains, and instructions as to how the items should | 12 | | be handled;
| 13 | | (K) a specific statement as to whether the | 14 | | authorizing agent has made arrangements for any type | 15 | | of viewing of the decedent before natural organic | 16 | | reduction or for a service with the decedent present | 17 | | before natural organic reduction in connection with | 18 | | the natural organic reduction, and if so, the date and | 19 | | time of the viewing or service and whether the | 20 | | disposition authority is authorized to proceed with | 21 | | the natural organic reduction upon receipt of the | 22 | | human remains;
| 23 | | (L) the signature of the authorizing agent, | 24 | | attesting to the accuracy of all representations | 25 | | contained on the natural organic reduction | 26 | | authorization form, except as set forth in paragraph |
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| 1 | | (M) of this subsection;
| 2 | | (M) if a natural organic reduction form is being | 3 | | executed on a pre-need basis, the natural organic | 4 | | reduction authorization form shall contain the | 5 | | disclosure required by subsection (b) of Sec 125; and
| 6 | | (N) the natural organic reduction authorization | 7 | | form, other than preneed natural organic reduction | 8 | | forms, shall also be signed by a funeral director or | 9 | | other representative of the disposition authority that | 10 | | obtained the natural organic reduction authorization. | 11 | | That individual shall merely execute the natural | 12 | | organic reduction authorization form as a witness and | 13 | | shall not be responsible for any of the | 14 | | representations made by the authorizing agent, unless | 15 | | the individual has actual knowledge to the contrary. | 16 | | The information requested by subparagraphs (A), (B), | 17 | | (C), and (G) of this subsection, however, shall be | 18 | | considered to be representations of the authorizing | 19 | | agent. The funeral director or funeral establishment | 20 | | shall warrant to the natural organic reduction | 21 | | facility that the human remains delivered to the | 22 | | disposition authority are the human remains identified | 23 | | on the natural organic reduction authorization form;
| 24 | | (2) a completed and executed burial transit permit | 25 | | indicating that the human remains are to be reduced; and
| 26 | | (3) any other documentation required by this State.
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| 1 | | (b) If an authorizing agent is not available to execute a | 2 | | natural organic reduction authorization form in person, that | 3 | | person may use an electronic signature or may delegate that | 4 | | authority to another person in writing, or by sending the | 5 | | disposition authority a facsimile transmission that contains | 6 | | the name, address, and relationship of the sender to the | 7 | | decedent and the name and address of the individual to whom | 8 | | authority is delegated. Upon receipt of the written document, | 9 | | or facsimile transmission, telegram, or other electronic | 10 | | telecommunications transmission which specifies the individual | 11 | | to whom authority has been delegated, the disposition | 12 | | authority shall allow this individual to serve as the | 13 | | authorizing agent and to execute the natural organic reduction | 14 | | authorization form. The disposition authority shall be | 15 | | entitled to rely upon the natural organic reduction | 16 | | authorization form without liability.
| 17 | | (c) An authorizing agent who signs a natural organic | 18 | | reduction authorization form shall be deemed to warrant the | 19 | | truthfulness of any facts set forth on the natural organic | 20 | | reduction authorization form, including that person's | 21 | | authority to order the natural organic reduction, except for | 22 | | the information required by subparagraphs (C) and (G) of | 23 | | paragraph (1) of subsection (a) of this Section, unless the | 24 | | authorizing agent has actual knowledge to the contrary. An | 25 | | authorizing agent signing a natural organic reduction | 26 | | authorization form shall be personally and individually liable |
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| 1 | | for all damages occasioned by and resulting from authorizing | 2 | | the natural organic reduction.
| 3 | | (d) A disposition authority shall have authority to reduce | 4 | | human remains upon the receipt of a natural organic reduction | 5 | | authorization form signed by an authorizing agent. There shall | 6 | | be no liability for the natural organic reduction disposition | 7 | | authority according to a natural organic reduction | 8 | | authorization, or that releases or disposes of the reduced | 9 | | human remains according to a natural organic reduction | 10 | | authorization, except for a disposition authority's gross | 11 | | negligence, provided that the disposition authority performs | 12 | | its functions in compliance with this Act.
| 13 | | (e) After an authorizing agent has executed a natural | 14 | | organic reduction authorization form and before the natural | 15 | | organic reduction process has started, the authorizing agent | 16 | | may revoke the authorization and instruct the disposition | 17 | | authority to cancel the natural organic reduction and to | 18 | | release or deliver the human remains to another disposition | 19 | | authority or funeral establishment. The instructions shall be | 20 | | provided to the disposition authority in writing. A | 21 | | disposition authority shall honor any instructions given to it | 22 | | by an authorizing agent under this Section if it receives the | 23 | | instructions prior to beginning the reducing of the human | 24 | | remains.
| 25 | | Section 60. Performance of natural organic reduction |
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| 1 | | services; training. A person may not perform a natural organic | 2 | | reduction service in this State unless the person has | 3 | | completed training in performing natural organic reduction | 4 | | services and received certification by a program recognized by | 5 | | the Comptroller. The disposition authority must conspicuously | 6 | | display the certification at the disposition authority's place | 7 | | of business. A continuing education natural organic reduction | 8 | | course of at least 2 hours in length from a recognized provider | 9 | | must be completed every 5 years by each person performing a | 10 | | natural organic reduction service. For purposes of this Act, | 11 | | the Comptroller may recognize any training program that | 12 | | provides training in the operation of a natural organic | 13 | | reduction device, in the maintenance of a clean facility, and | 14 | | in the proper handling of human remains. The Comptroller may | 15 | | recognize any course that is conducted by a death care trade | 16 | | association in the State or the United States for natural | 17 | | organic reduction or by a manufacturer of a natural organic | 18 | | reduction unit that is consistent with the standards provided | 19 | | in this Act or as otherwise determined by rule. | 20 | | Section 65. Recordkeeping.
| 21 | | (a) The disposition authority shall furnish to the funeral | 22 | | director who delivers human remains to the disposition | 23 | | authority a receipt signed at the
time of delivery by both the | 24 | | disposition authority and the funeral director who delivers | 25 | | the human remains, showing the date and time of the delivery, |
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| 1 | | the type of alternative container or external wrapping that | 2 | | was delivered, the name of the person from whom the human | 3 | | remains were received and the name of the funeral | 4 | | establishment or other entity with whom the person is | 5 | | affiliated, the name of the person who received the human | 6 | | remains on behalf of the disposition authority, and the name | 7 | | of the decedent. The disposition authority shall retain a copy | 8 | | of this receipt in its permanent records.
| 9 | | (b) Upon its release of the reduced human remains, the | 10 | | disposition authority shall furnish to the person who receives | 11 | | the reduced human remains from the disposition authority a | 12 | | receipt signed by both the disposition authority and the | 13 | | person who receives the natural organic reduction remains, | 14 | | showing the date and time of the release, the name of the | 15 | | person to whom the reduced human remains were released and the | 16 | | name of the funeral establishment, cemetery, or other entity | 17 | | with whom the person is affiliated, the name of the person who | 18 | | released the reduced human remains on behalf of the | 19 | | disposition authority, and the name of the decedent. The | 20 | | natural organic reduction facility shall retain a copy of this | 21 | | receipt in its permanent records.
| 22 | | (c) A disposition authority shall maintain at its place of | 23 | | business a permanent record of each natural organic reduction | 24 | | that took place at its facility which shall contain the name of | 25 | | the decedent, the date of the natural organic reduction, and | 26 | | the final disposition of the reduced human remains.
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| 1 | | (d) The disposition authority shall maintain a record of | 2 | | all reduced human remains disposed of by the disposition | 3 | | authority in accordance with subsection (d) of Section 75.
| 4 | | (e) Upon completion of the natural organic reduction, the | 5 | | disposition authority shall file the burial transit permit as | 6 | | required by the Illinois Vital Records Act and rules adopted | 7 | | under that Act and the Illinois Counties Code, and transmit a | 8 | | photocopy of the burial transit permit along with the reduced | 9 | | human remains to whoever receives the reduced human remains | 10 | | from the authorizing agent unless the reduced human remains | 11 | | are to be interred, entombed, inurned, or placed in a | 12 | | scattering area, in which case the disposition authority shall | 13 | | retain a copy of the burial transit permit and shall send the | 14 | | permit, along with the reduced human remains, to the cemetery, | 15 | | which shall file the permit with the designated agency after | 16 | | the interment, entombment, inurnment, or scattering has taken | 17 | | place.
| 18 | | (f) All cemeteries shall maintain a record of all reduced | 19 | | human remains that are disposed of on their property, provided | 20 | | that the reduced human remains were properly transferred to | 21 | | the cemetery and the cemetery issued a receipt acknowledging | 22 | | the transfer of the reduced human remains.
| 23 | | Section 70. Natural organic reduction procedures.
| 24 | | (a) Human remains shall not be reduced within 24 hours | 25 | | after the time of death, as indicated on the Medical |
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| 1 | | Examiner's or Coroner's Certificate of Death. In any death, | 2 | | the human remains shall not be reduced by the disposition | 3 | | authority until a natural organic reduction permit has been | 4 | | received from the coroner or medical examiner of the county in | 5 | | which the death occurred and the disposition authority has | 6 | | received a natural organic reduction authorization form, | 7 | | executed by an authorizing agent, in accordance with the | 8 | | provisions of Section 60 of this Act. In no instance, however, | 9 | | shall the lapse of time between the death and the natural | 10 | | organic reduction be less than 24 hours, unless because of a | 11 | | religious requirement.
| 12 | | (b) Except as set forth in subsection (a), a disposition | 13 | | authority shall have the right to schedule the natural organic | 14 | | reduction to be performed at its own convenience, at any time | 15 | | after the human remains have been delivered to the disposition | 16 | | authority, unless the disposition authority has received | 17 | | specific instructions to the contrary on the natural organic | 18 | | reduction authorization form.
| 19 | | (c) No disposition authority shall reduce human remains | 20 | | when it has actual knowledge that human remains contain | 21 | | material or implant that may be potentially hazardous to the | 22 | | person performing the natural organic reduction.
| 23 | | (d) No disposition authority shall accept embalmed remains | 24 | | for natural organic reduction.
| 25 | | (e) Whenever a disposition authority is unable or | 26 | | unauthorized to reduce human remains immediately upon taking |
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| 1 | | custody of the remains, the disposition authority shall place | 2 | | the human remains in operable refrigeration unit with | 3 | | cleanable, noncorrosive interior and exterior finishes. The | 4 | | unit must be capable of maintaining a temperature of less than | 5 | | 40 degrees Fahrenheit or below and of holding at least 3 | 6 | | bodies. For purposes of this section, immediately upon taking | 7 | | custody means within 24 hours of taking custody. The | 8 | | disposition authority must notify the authorizing agent of the | 9 | | reasons for delay in the natural organic reduction if a | 10 | | properly authorized natural organic reduction is not performed | 11 | | within any time period expressly contemplated in the | 12 | | authorization.
| 13 | | (f) A disposition authority shall not accept an | 14 | | alternative container or external wrapping from which there is | 15 | | any evidence of the leakage of body fluids.
| 16 | | (g) A disposition authority shall not reduce the remains | 17 | | of more than one person at the same time and in the same | 18 | | reduction chamber or introduce the remains of a second person | 19 | | into the reduction chamber until the reduction of preceding | 20 | | remains has been terminated and reasonable efforts have been | 21 | | employed to remove all fragments of preceding remains. The | 22 | | fact that there is residue in the reduction chamber or other | 23 | | equipment or a container used in a prior reduction does not | 24 | | violate this section.
| 25 | | (h) No unauthorized person shall be permitted in the | 26 | | holding facility or natural organic reduction room while any |
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| 1 | | human remains are being held there awaiting natural organic | 2 | | reduction, being reduced, or being removed from the reduction | 3 | | chamber.
| 4 | | (i) A disposition authority shall not remove any dental | 5 | | gold, body parts, organs, or any item of value prior to or | 6 | | subsequent to a natural organic reduction without previously | 7 | | having received specific written authorization from the | 8 | | authorizing agent and written instructions for the delivery of | 9 | | these items to the authorizing agent. Under no circumstances | 10 | | shall a disposition authority profit from making or assisting | 11 | | in any removal of valuables.
| 12 | | (j) In instances when the remains of deceased human beings | 13 | | are to be delivered to a natural organic reduction facility in | 14 | | a casket that is not to be organically reduced with the | 15 | | deceased, timely disclosure thereof must be made by the person | 16 | | making the funeral arrangements to the natural organic | 17 | | reduction facility that prior to the natural organic reduction | 18 | | the remains of the deceased human being shall be transferred | 19 | | to an alternative container. Such signed acknowledgement of | 20 | | the authorizing person, that the timely disclosure has been | 21 | | made, shall be retained by the natural organic reduction | 22 | | facility in its permanent records.
| 23 | | (k) A disposition authority shall:
| 24 | | (1) collect material samples for analysis that are | 25 | | representative of each instance of natural organic | 26 | | reduction;
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| 1 | | (2) analyze each material sample of reduced remains | 2 | | for physical contaminants. Reduced remains must have less | 3 | | than 0.01 mg per kg dry weight of physical contaminants | 4 | | which include, but are not limited to, intact bone, dental | 5 | | filings, and medical implants;
| 6 | | (3) analyze, using a third-party laboratory accredited | 7 | | by the Illinois Environmental Protection Agency's | 8 | | Laboratory Accreditation Program, the natural organic | 9 | | reduction facility's material samples of reduced remains | 10 | | according to the following schedule:
| 11 | | (i) the natural organic reduction facility's | 12 | | initial 20 instances of reduced remains for the | 13 | | parameters identified in Table A, and any additional | 14 | | instances of reduced remains necessary to achieve 20 | 15 | | material samples of reduced remains meeting the limits | 16 | | identified in Table A;
| 17 | | (ii) following 20 material samples of reduced | 18 | | remains meeting limits outlined in Table A, analyze, | 19 | | at minimum, 25% of a natural organic reduction | 20 | | facility's monthly instances of reduced remains for | 21 | | the parameters identified in Table A until 80 total | 22 | | material samples of reduced remains have met the | 23 | | requirements in Table A; or
| 24 | | (iii) the Comptroller, Department of Public | 25 | | Health, or local health department may require tests | 26 | | for additional parameters under paragraphs (2) and |
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| 1 | | (3).
| 2 | | (4) not release any human remains that exceed the | 3 | | limits identified in Table A; and
| 4 | | (5) prepare, maintain, and provide upon request by the | 5 | | Comptroller, Department of Public Health, or local health | 6 | | department, an annual report each calendar year. The | 7 | | annual report must detail the natural organic reduction | 8 | | facility's activities during the previous calendar year | 9 | | and must include the following information:
| 10 | | (i) name and address of the natural organic | 11 | | reduction facility;
| 12 | | (ii) calendar year covered by the report;
| 13 | | (iii) annual quantity of reduced remains;
| 14 | | (iv) results of any laboratory analyses of reduced | 15 | | remains, including an affirmation that the analysis | 16 | | was prepared in accordance with this subsection (k); | 17 | | and
| 18 | | (v) any additional information required by the | 19 | | Comptroller, Illinois Department of Public Health, or | 20 | | the local health department. | 21 | | Table A: Testing Parameters | |
22 | | | 23 | | Metals and other testing | 24 | | parameters | Limit (mg/kg dry weight), unless otherwise specified | |
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| 1 | | Fecal coliform | 2 | | | <1,000 Most probable number per gram of total solids (dry weight) | |
3 | | Salmonella | 4 | | | <3 Most probable number per 4 grams of total solids (dry weight) | |
5 | | Arsenic | = 20 ppm | |
6 | | Cadmium | = 10 ppm | |
7 | | Lead | = 150 ppm | |
8 | | Mercury | = 8 ppm | |
9 | | Selenium | = 18 ppm |
| 10 | | (l) Upon the completion of each natural organic reduction, | 11 | | and insofar as is practicable, all of the recoverable residue | 12 | | of the reduction process shall be removed from the reduction | 13 | | chamber.
| 14 | | (m) If all of the recovered reduced human remains will not | 15 | | fit within the receptacle that has been selected, the | 16 | | remainder of the reduced human remains shall be disposed of in | 17 | | accordance with subsection (i) of Section 55.
| 18 | | (n) A disposition authority shall not knowingly represent | 19 | | to an authorizing agent or the agent's designee that a | 20 | | temporary container or urn contains the reduced remains of a | 21 | | specific decedent when it does not.
| 22 | | (o) Reduced human remains shall be shipped only by a | 23 | | method that has an internal tracing system available and that | 24 | | provides a receipt signed by the person accepting delivery.
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| 1 | | (p) A disposition authority shall maintain an | 2 | | identification system that shall ensure that it shall be able | 3 | | to identify the human remains in its possession throughout all | 4 | | phases of the natural organic reduction process.
| 5 | | (q) A disposition authority shall not reduce via natural | 6 | | organic reduction the remains required to be labeled as an | 7 | | infection hazard under 77 Ill. Adm. Code 690.1200(k).
| 8 | | (r) In the case of an event where the health of the public | 9 | | may be at risk or there are signs at a facility of a potential | 10 | | health hazard, the Illinois Department of Public Health shall | 11 | | be consulted to assess the natural organic reduction facility. | 12 | | Section 75. Disposition of reduced human remains.
| 13 | | (a) The authorizing agent shall be responsible for the | 14 | | final disposition of the reduced human remains. The reduced | 15 | | human remains may be disposed of by placing them in a grave, | 16 | | crypt, or niche or by scattering them in a scattering area as | 17 | | defined in this Act.
| 18 | | (b) Reduced human remains may be integrated into the soil | 19 | | in an area where no local prohibition exists, provided that | 20 | | the reduced human remains are not distinguishable to the | 21 | | public, are not in a container, and that the person who has | 22 | | control over disposition of the reduced human remains has | 23 | | obtained written permission of the property owner or governing | 24 | | agency to integrate into soil on the property.
| 25 | | (c) A State or local agency may adopt an ordinance, |
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| 1 | | regulation, or policy, as appropriate, authorizing or | 2 | | specifically prohibiting the integration of reduced human | 3 | | remains into the soil on lands under the agency's | 4 | | jurisdiction. The integration into the soil of the reduced | 5 | | human remains of more than one person in one location pursuant | 6 | | to this section does not create a cemetery.
| 7 | | (d) Upon the completion of the natural organic reduction | 8 | | process, and except as provided for in subparagraph (I) of | 9 | | paragraph (1) of subsection (a) of Section 55, if the | 10 | | disposition authority has not been instructed to arrange for | 11 | | the interment, entombment, inurnment, or scattering of the | 12 | | reduced human remains, the disposition authority shall deliver | 13 | | the reduced human remains to the individual specified on the | 14 | | natural organic reduction authorization form or, if no | 15 | | individual is specified, then to the authorizing agent. Upon | 16 | | receipt of the reduced human remains, the individual receiving | 17 | | them may transport them in any manner in this State without a | 18 | | permit and may dispose of them in accordance with this | 19 | | Section. After delivery, the disposition authority shall be | 20 | | discharged from any legal obligation or liability concerning | 21 | | the reduced human remains.
| 22 | | (e) If, after a period of 60 days from the date the natural | 23 | | organic reduction process is complete, the authorizing agent | 24 | | or the agent's designee has not instructed the disposition | 25 | | authority to arrange for the final disposition of the reduced | 26 | | human remains or claimed the reduced human remains, the |
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| 1 | | disposition authority may dispose of the reduced human remains | 2 | | in any manner permitted by this Section. The disposition | 3 | | authority, however, shall keep a permanent record identifying | 4 | | the site of final disposition. The authorizing agent shall be | 5 | | responsible for reimbursing the disposition authority for all | 6 | | reasonable expenses incurred in disposing of the reduced human | 7 | | remains. Upon disposing of the reduced human remains, the | 8 | | disposition authority shall be discharged from any legal | 9 | | obligation or liability concerning the reduced remains. Any | 10 | | person who was in possession of reduced remains prior to the | 11 | | effective date of this Act may dispose of them in accordance | 12 | | with this Section.
| 13 | | (f) Except with the express written permission of the | 14 | | authorizing agent, no person shall:
| 15 | | (1) dispose of reduced human remains in a manner or in | 16 | | a location so that the reduced human remains are | 17 | | commingled with those of another person. This prohibition
| 18 | | shall not apply to the scattering of reduced remains at | 19 | | sea, by air or in an area located in a dedicated cemetery | 20 | | or private property and used exclusively for those | 21 | | purposes; or
| 22 | | (2) place reduced human remains of more than one | 23 | | person in the same temporary container or urn.
| 24 | | (g) No person shall sell the soil resulting from reduced | 25 | | human remains for commercial purposes.
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| 1 | | Section 80. Limitation of liability.
| 2 | | (a) A disposition authority that has received an executed | 3 | | natural organic reduction authorization form that complies | 4 | | with paragraph (1) of subsection (a) of Section 55 and has | 5 | | received any additional documentation required by Section 55 | 6 | | shall not be liable for reducing the human remains designated | 7 | | by the natural organic reduction authorization form if the | 8 | | natural organic reduction is performed in accordance with this | 9 | | Act.
| 10 | | (b) A disposition authority shall not be liable for | 11 | | refusing to accept human remains or to perform a natural | 12 | | organic reduction until it receives a court order or other | 13 | | suitable confirmation that a dispute has been settled, if:
| 14 | | (1) it is aware of any dispute concerning the natural | 15 | | organic reduction of the human remains;
| 16 | | (2) it has a reasonable basis for questioning any of | 17 | | the representations made by the authorizing agent; or
| 18 | | (3) it refuses to accept the human remains for any | 19 | | other lawful reason.
This provision shall not be construed | 20 | | as placing any affirmative obligation, not otherwise | 21 | | required by law, on any disposition authority to accept | 22 | | any human
remains for natural organic reduction.
| 23 | | (c) No cemetery shall be liable for any reduced human | 24 | | remains that are dumped, scattered, or otherwise deposited on | 25 | | the cemetery in violation of this Act, if that action is taken | 26 | | without the cemetery's consent.
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| 1 | | (d) If a disposition authority is aware of any dispute | 2 | | concerning the release or disposition of the reduced human | 3 | | remains, the disposition authority may refuse to release the | 4 | | reduced human remains until the dispute has been resolved or | 5 | | the disposition authority has been provided with a court order | 6 | | directing the release or disposition of the reduced remains. A | 7 | | disposition authority shall not be liable for refusing to | 8 | | release or dispose of reduced human remains in accordance with | 9 | | this Section.
| 10 | | (e) A disposition authority shall not be responsible or | 11 | | liable for any valuables delivered to the disposition | 12 | | authority with human remains, unless the disposition authority | 13 | | has received written instructions in accordance with paragraph | 14 | | (J) of paragraph (1) of subsection (a) of Section 55.
| 15 | | Section 85. Hazardous implants. If an authorizing agent | 16 | | informs the funeral director and the disposition authority on | 17 | | the natural organic reduction authorization form of the | 18 | | presence of hazardous implants in the human remains, then the | 19 | | funeral director shall be responsible for ensuring that all | 20 | | necessary steps have been taken to remove the hazardous | 21 | | implants before delivering the human remains to the natural | 22 | | organic reduction facility for natural organic reduction. The | 23 | | funeral director who delivers the human remains to the natural | 24 | | organic reduction facility fails to ensure that the hazardous | 25 | | implants have been removed from the human remains prior to |
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| 1 | | delivery, and should the human remains be reduced, then the | 2 | | funeral director who delivered the human remains to the | 3 | | natural organic reduction facility and anyone else covered by | 4 | | this Section shall be liable for all resulting damages. | 5 | | Section 90. Penalties. Violations of this Act shall be | 6 | | punishable as follows:
| 7 | | (1) Performing a natural organic reduction without | 8 | | receipt of a natural organic reduction authorization form | 9 | | signed, in either paper or electronic format, by an | 10 | | authorizing agent shall be a Class 4 felony.
| 11 | | (2) Signing, in either paper or electronic format, a | 12 | | natural organic reduction authorization form with the | 13 | | actual knowledge that the form contains false or
incorrect | 14 | | information shall be a Class 4 felony.
| 15 | | (3) A violation of any natural organic reduction | 16 | | procedure set forth in Section 70 shall be a Class 4 | 17 | | felony.
| 18 | | (4) Holding oneself out to the public as a disposition | 19 | | authority, or the operation of a building or structure | 20 | | within this State as a natural organic reduction
facility, | 21 | | without being licensed under this Act, shall be a Class A | 22 | | misdemeanor.
| 23 | | (5) Performance of natural organic reduction service | 24 | | by a person who has not completed a training program as | 25 | | defined in Section 60 of this Act shall be a
Class A |
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| 1 | | misdemeanor.
| 2 | | (6) Any person who intentionally violates a provision | 3 | | of this Act or a final order of the Comptroller is liable | 4 | | for a civil penalty not to exceed $5,000 per
violation.
| 5 | | (7) Any person who knowingly acts without proper legal | 6 | | authority and who willfully and knowingly destroys or | 7 | | damages the remains of a deceased human being or
who | 8 | | desecrates human remains is guilty of a Class 3 felony.
| 9 | | (8) A violation of any other provision of this Act | 10 | | shall be a Class B misdemeanor.
| 11 | | Section 95. Failure to file annual report. Whenever a | 12 | | disposition authority refuses or neglects to file its annual | 13 | | report in violation of Section 20 of this Act or fails to | 14 | | otherwise comply with the requirements of this Act, the | 15 | | Comptroller shall impose a penalty as provided for by rule for | 16 | | each and every day the licensee remains delinquent in | 17 | | submitting the annual report. Such report shall be made under | 18 | | oath and shall be in a form determined by the Comptroller. | 19 | | Section 100. Injunctive action; cease and desist order.
| 20 | | (a) If any person violates the provisions of this Act, the | 21 | | Comptroller, in the name of the People of the State, through | 22 | | the Attorney General or the State's Attorney of the county in | 23 | | which the violation is alleged to have occurred, may petition | 24 | | for an order enjoining the violation or for an order enforcing |
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| 1 | | compliance with this Act. Upon the filing of a verified | 2 | | petition, the court with appropriate jurisdiction may issue a | 3 | | temporary restraining order, without notice or bond, and may | 4 | | preliminarily and permanently enjoin the violation. If it is | 5 | | established that the person has violated or is violating the | 6 | | injunction, the court may punish the offender for contempt of | 7 | | court. Proceedings under this Section are in addition to, and | 8 | | not in lieu of, all other remedies and penalties provided by | 9 | | this Act.
| 10 | | (b) Whenever, in the opinion of the Comptroller, a person | 11 | | violates any provision of this Act, the Comptroller may issue | 12 | | a rule to show cause why an order to cease and desist should | 13 | | not be entered against that person. The rule shall clearly set | 14 | | forth the grounds relied upon by the Comptroller and shall | 15 | | allow at least 7 days from the date of the rule to file an | 16 | | answer satisfactory to the Comptroller. Failure to answer to | 17 | | the satisfaction of the Comptroller shall cause an order to | 18 | | cease and desist to be issued.
| 19 | | Section 105. Service of notice. Service by the Comptroller | 20 | | of any notice requiring a person to file a statement or report | 21 | | under this Act shall be made: (1) personally by delivery of a | 22 | | duly executed copy of the notice to the person to be served or, | 23 | | if that person is not a natural person, in the manner provided | 24 | | in the Civil Practice Law when a complaint is filed; or (2) by | 25 | | mailing by certified mail a duly executed copy of the notice to |
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| 1 | | the person at his or her address of record. | 2 | | Section 110. Investigations; notice and hearing. The | 3 | | Comptroller may at any time investigate the actions of any | 4 | | applicant or of any person, persons, or entity rendering or | 5 | | offering natural organic reduction services or any person or | 6 | | entity holding or claiming to hold a license as a licensed | 7 | | natural organic reduction facility. The Comptroller shall, | 8 | | before revoking, suspending, placing on probation, | 9 | | reprimanding, or taking any other disciplinary action under | 10 | | Section 11 of this Act, at least 30 days before the date set | 11 | | for the hearing: (i) notify the accused in writing of the | 12 | | charges made and the time and place for the hearing on the | 13 | | charges; (ii) direct the accused applicant or licensee to file | 14 | | a written answer to the charges with the Comptroller under | 15 | | oath within 20 days after the service on the accused of the | 16 | | notice; and (iii) inform the accused that, if the accused | 17 | | fails to answer, default will be taken against the accused or | 18 | | that the accused's license may be suspended, revoked, placed | 19 | | on probationary status, or other disciplinary action taken | 20 | | with regard to the license, including limiting the scope, | 21 | | nature, or extent of the accused's practice, as the | 22 | | Comptroller may consider proper.
| 23 | | At the time and place fixed in the notice, the Comptroller | 24 | | shall proceed to hear the charges and the parties, or their | 25 | | counsel shall be accorded ample opportunity to present any |
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| 1 | | pertinent statements, testimony, evidence, and arguments. The | 2 | | Comptroller shall have the authority to appoint an attorney | 3 | | duly licensed to practice law in the State to serve as the | 4 | | hearing officer in any disciplinary action with regard to a | 5 | | license. The hearing officer shall have full authority to | 6 | | conduct the hearing. The Comptroller may continue the hearing | 7 | | from time to time. In case the person, after receiving the | 8 | | notice, fails to file an answer, the person's license may, in | 9 | | the discretion of the Comptroller, be suspended, revoked, | 10 | | placed on probationary status, or the Comptroller may take | 11 | | whatever disciplinary action considered proper, including | 12 | | limiting the scope, nature, or extent of the person's practice | 13 | | or the imposition of a fine, without a hearing, if the act or | 14 | | acts charged constitute sufficient grounds for that action | 15 | | under this Act. The written notice may be served by personal | 16 | | delivery or by certified mail to the address specified by the | 17 | | accused in the accused's last notification with the | 18 | | Comptroller.
| 19 | | Section 115. Compelling testimony. Any circuit court, upon | 20 | | application of the Comptroller or designated hearing officer | 21 | | may enter an order requiring the attendance of witnesses and | 22 | | their testimony, and the production of documents, papers, | 23 | | files, books, and records in connection with any hearing or | 24 | | investigation. The court may compel obedience to its order by | 25 | | proceedings for contempt. |
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| 1 | | Section 120. Administrative review; venue; certification | 2 | | of record; costs.
| 3 | | (a) All final administrative decisions of the Comptroller | 4 | | are subject to judicial review under the Administrative Review | 5 | | Law and its rules. The term "administrative decision" is | 6 | | defined as in Section 3-101 of the Code of Civil Procedure.
| 7 | | (b) Proceedings for judicial review shall be commenced in | 8 | | the circuit court of the county in which the party applying for | 9 | | review resides, but if the party is not a resident of Illinois, | 10 | | the venue shall be in Sangamon County.
| 11 | | (c) The Comptroller shall not be required to certify any | 12 | | record of the court, file an answer in court, or to otherwise | 13 | | appear in any court in a judicial review proceeding unless and | 14 | | until the Comptroller has received from the plaintiff payment | 15 | | of the costs of furnishing and certifying the record, which | 16 | | costs shall be determined by the Comptroller. Failure on the | 17 | | part of the plaintiff to make such payment to the Comptroller | 18 | | is grounds for dismissal of the action.
| 19 | | Section 125. Preneed of natural organic reduction | 20 | | arrangements.
| 21 | | (a) Any person, or anyone who has legal authority to act on | 22 | | behalf of a person, on a preneed basis, may authorize the | 23 | | person's own natural organic reduction and the final | 24 | | disposition of the person's reduced remains by executing, as |
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| 1 | | the authorizing agent, a natural organic reduction | 2 | | authorization form on a preneed basis. A copy of this form | 3 | | shall be provided to the person. Any person shall have the | 4 | | right to transfer or cancel this authorization at any time | 5 | | prior to death by destroying the executed natural organic | 6 | | reduction authorization form and providing written notice to | 7 | | the disposition authority named in the preneed form.
| 8 | | (b) Any natural organic authorization form that is being | 9 | | executed by an individual as the individual's own authorizing | 10 | | agent on a preneed basis shall contain the following | 11 | | disclosure, which shall be completed by the authorizing agent:
| 12 | | "( ) I do not wish to allow any of my survivors the option | 13 | | of cancelling my natural organic reduction and selecting | 14 | | alternative arrangements, regardless of whether my survivors | 15 | | deem a change to be appropriate.
| 16 | | ( ) I wish to allow only the survivors whom I have | 17 | | designated below the option of cancelling my natural organic | 18 | | reduction and selecting alternative arrangements, if they deem | 19 | | a change to be appropriate."
| 20 | | (c) Except as provided in subsection (b) of this Section, | 21 | | at the time of the death of a person who has executed, as the | 22 | | authorizing agent, a natural organic reduction authorization | 23 | | form on a preneed basis, any person in possession of an | 24 | | executed form and any person charged with making arrangements | 25 | | for the final disposition of the decedent who has knowledge of | 26 | | the existence of an executed form, shall use the person's best |
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| 1 | | efforts to ensure that the decedent is reduced and that the | 2 | | final disposition of the reduced human remains is in | 3 | | accordance with the instructions contained on the natural | 4 | | organic reduction authorization form. If a disposition | 5 | | authority (i) is in possession of a completed natural organic | 6 | | reduction authorization form that was executed on a preneed | 7 | | basis, (ii) is in possession of the designated human remains, | 8 | | and (iii) has received payment for the natural organic | 9 | | reduction of the human remains and the final disposition of | 10 | | the reduced human remains or is otherwise assured of payment, | 11 | | then the disposition authority shall be required to reduced | 12 | | the human remains and dispose of the reduced human remains | 13 | | according to the instructions contained on the natural organic | 14 | | reduction authorization form and may do so without any | 15 | | liability.
| 16 | | (d) Any preneed contract sold by, or pre-need arrangements | 17 | | made with, a cemetery, funeral establishment, disposition | 18 | | authority, or any other party that includes a natural organic | 19 | | reduction shall specify the final disposition of the reduced | 20 | | human remains, in accordance with Section 75. If no different | 21 | | or inconsistent instructions are provided to the disposition | 22 | | authority by the authorizing agent at the time of death, the | 23 | | disposition authority shall be authorized to release or | 24 | | dispose of the reduced human remains as indicated in the | 25 | | preneed agreement. Upon compliance with the terms of the | 26 | | preneed agreement, the disposition authority shall be |
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| 1 | | discharged from any legal obligation concerning the reduced | 2 | | human remains. The preneed agreement shall be kept as a | 3 | | permanent record by the disposition authority.
| 4 | | (e) This Section shall not apply to any natural organic | 5 | | reduction authorization form or preneed contract executed | 6 | | prior to the effective date of this Act. Any cemetery, funeral | 7 | | establishment, disposition authority, or other party, however, | 8 | | with the written approval of the authorizing agent or person | 9 | | who executed the preneed contract, may designate that the | 10 | | natural organic reduction authorization form or preneed | 11 | | contract shall be subject to this Act.
| 12 | | Section 130. Employment of funeral director by a | 13 | | disposition authority.
| 14 | | (a) A disposition authority shall be permitted to enter | 15 | | into a contract with a funeral director or funeral business | 16 | | for the purpose of arranging natural organic reduction on an | 17 | | at-need basis with the general public, transporting human | 18 | | remains to the natural organic reduction facility, and | 19 | | processing all necessary paperwork.
| 20 | | (b) No aspect of this Act shall be construed to require a | 21 | | licensed funeral director to perform any functions not | 22 | | otherwise required by law to be performed by a licensed | 23 | | funeral director.
| 24 | | Section 135. Scope of Act. This Act shall be construed and |
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| 1 | | interpreted as a comprehensive natural organic reduction | 2 | | statute, and the provisions of this Act shall take precedence | 3 | | over any existing laws containing provisions applicable to | 4 | | natural organic reduction, but that do not specifically or | 5 | | comprehensively address natural organic reduction. | 6 | | Section 140. Record of proceedings; transcript. The | 7 | | Comptroller, at its expense, shall preserve a record of all | 8 | | proceedings at the formal hearing of any case. Any notice of | 9 | | hearing, complaint, all other documents in the nature of | 10 | | pleadings, written motions filed in the proceedings, the | 11 | | transcripts of testimony, the report of the hearing officer, | 12 | | and orders of the Comptroller shall be in the record of the | 13 | | proceeding. The Comptroller shall furnish a transcript of such | 14 | | record to any person interested in such hearing upon payment | 15 | | of a reasonable fee. | 16 | | Section 145. Subpoenas; depositions; oaths. The | 17 | | Comptroller has the power to subpoena documents, books, | 18 | | records or other materials and to bring before it any person | 19 | | and to take testimony either orally or by deposition, or both, | 20 | | with the same fees and mileage and in the same manner as | 21 | | prescribed in civil cases in the courts of this State. The | 22 | | Comptroller, the designated hearing officer, or any qualified | 23 | | person the Comptroller may designate has the power to | 24 | | administer oaths to witnesses at any hearing that the |
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| 1 | | Comptroller is authorized to conduct, and any other oaths | 2 | | authorized in any Act administered by the Comptroller. Every | 3 | | person having taken an oath or affirmation in any proceeding | 4 | | or matter wherein an oath is required by this Act, who shall | 5 | | swear willfully, corruptly and falsely in a matter material to | 6 | | the issue or point in question, or shall suborn any other | 7 | | person to swear as aforesaid, shall be guilty of perjury or | 8 | | subornation of perjury, as the case may be and shall be | 9 | | punished as provided by State law relative to perjury and | 10 | | subornation of perjury. | 11 | | Section 150. Findings and recommendations. At the | 12 | | conclusion of the hearing, the hearing officer shall present | 13 | | to the Comptroller a written report of its findings of fact, | 14 | | conclusions of law, and recommendations. The report shall | 15 | | contain a finding whether or not the accused person violated | 16 | | this Act or its rules or failed to comply with the conditions | 17 | | required in this Act or its rules. The hearing officer shall | 18 | | specify the nature of any violations or failure to comply and | 19 | | shall make recommendations to the Comptroller. In making | 20 | | recommendations for any disciplinary actions, the hearing | 21 | | officer may take into consideration all facts and | 22 | | circumstances bearing upon the reasonableness of the conduct | 23 | | of the accused and the potential for future harm to the public, | 24 | | including but not limited to, previous discipline of the | 25 | | accused by the Comptroller, intent, degree of harm to the |
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| 1 | | public and likelihood of harm in the future, any restitution | 2 | | made by the accused, and whether the incident or incidents | 3 | | contained in the complaint appear to be isolated or represent | 4 | | a continuing pattern of conduct. In making its recommendations | 5 | | for discipline, the hearing officer shall endeavor to ensure | 6 | | that the severity of the discipline recommended is reasonably | 7 | | related to the severity of the violation. The report of | 8 | | findings of fact, conclusions of law, and recommendation of | 9 | | the hearing officer shall be the basis for the Comptroller's | 10 | | order refusing to issue, restore, place on probation, fine, | 11 | | suspend, revoke a license, or otherwise disciplining a | 12 | | licensee. If the Comptroller disagrees with the | 13 | | recommendations of the hearing officer, the Comptroller may | 14 | | issue an order in contravention of the hearing officer's | 15 | | recommendations. The finding is not admissible in evidence | 16 | | against the person in a criminal prosecution brought for a | 17 | | violation of this Act, but the hearing and finding are not a | 18 | | bar to a criminal prosecution brought for a violation of this | 19 | | Act. | 20 | | Section 155. Rehearing. At the conclusion of the hearing, | 21 | | a copy of the hearing officer's report shall be served upon the | 22 | | applicant or licensee by the Comptroller, either personally or | 23 | | as provided in this Act. Within 20 days after service, the | 24 | | applicant or licensee may present to the Comptroller a motion | 25 | | in writing for a rehearing, which shall specify the particular |
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| 1 | | grounds for rehearing. The Comptroller may respond to the | 2 | | motion for rehearing within 20 days after its service on the | 3 | | Comptroller. If no motion for rehearing is filed, then upon | 4 | | the expiration of the time specified for filing such a motion, | 5 | | or if a motion for rehearing is denied, then upon denial, the | 6 | | Comptroller may enter an order in accordance with | 7 | | recommendations of the hearing officer except as provided in | 8 | | Section 160 of this Act.
| 9 | | If the applicant or licensee orders from the reporting | 10 | | service and pays for a transcript of the record within the time | 11 | | for filing a motion for rehearing, the 20-day period within | 12 | | which a motion may be filed shall commence upon the delivery of | 13 | | the transcript to the applicant or licensee.
| 14 | | Section 160. Comptroller; rehearing. Whenever the | 15 | | Comptroller believes that substantial justice has not been | 16 | | done in the revocation, suspension, or refusal to issue or | 17 | | restore a license or other discipline of an applicant or | 18 | | licensee, he or she may order a rehearing by the same or other | 19 | | hearing officers. | 20 | | Section 165. Order or certified copy; prima facie proof. | 21 | | An order or certified copy thereof, over the seal of the | 22 | | Comptroller and purporting to be signed by the Comptroller, is | 23 | | prima facie proof that:
| 24 | | (1) the signature is the genuine signature of the |
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| 1 | | Comptroller;
| 2 | | (2) the Comptroller is duly appointed and qualified;
| 3 | | and
| 4 | | (3) the hearing officer is qualified to act.
| 5 | | Section 170. Civil action and civil penalties. In addition | 6 | | to the other penalties and remedies provided in this Act, the | 7 | | Comptroller may bring a civil action in the county of | 8 | | residence of the licensee or any other person to enjoin any | 9 | | violation or threatened violation of this Act. In addition to | 10 | | any other penalty provided by law, any person who violates | 11 | | this Act shall forfeit and pay a civil penalty to the | 12 | | Comptroller in an amount not to exceed $5,000 for each | 13 | | violation as determined by the Comptroller. The civil penalty | 14 | | shall be assessed by the Comptroller in accordance with the | 15 | | provisions of this Act.
| 16 | | Any civil penalty shall be paid within 60 days after the | 17 | | effective date of the order imposing the civil penalty. The | 18 | | order shall constitute a judgment and may be filed and | 19 | | execution had thereon in the same manner as any judgment from | 20 | | any court of record. All moneys collected under this Section | 21 | | shall be deposited with the Comptroller.
| 22 | | Section 175. Consent order. At any point in any | 23 | | investigation or disciplinary proceedings as provided in this | 24 | | Act, both parties may agree to a negotiated consent order. The |
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| 1 | | consent order shall be final upon signature of the | 2 | | Comptroller. | 3 | | Section 180. Illinois Administrative Procedure Act; | 4 | | application. The Illinois Administrative Procedure Act is | 5 | | expressly adopted and incorporated in this Act as if all of the | 6 | | provisions of that Act were included in this Act, except that | 7 | | the provision of paragraph (d) of Section 10-65 of the | 8 | | Illinois Administrative Procedure Act, which provides that at | 9 | | hearings the licensee has the right to show compliance with | 10 | | all lawful requirements for retention or continuation of the | 11 | | license, is specifically excluded. For the purpose of this | 12 | | Act, the notice required under Section 10-25 of the Illinois | 13 | | Administrative Procedure Act is considered sufficient when | 14 | | mailed to the address of record. | 15 | | Section 185. Summary suspension of a license. The | 16 | | Comptroller may summarily suspend a license of a licensed | 17 | | natural organic reduction facility without a hearing, | 18 | | simultaneously with the institution of proceedings for a | 19 | | hearing provided for in this Act, if the Comptroller finds | 20 | | that evidence in the Comptroller's possession indicates that | 21 | | the licensee's continued practice would constitute an imminent | 22 | | danger to the public. If the Comptroller summarily suspends | 23 | | the license of a licensed natural organic reduction facility | 24 | | without a hearing, a hearing must be commenced within 30 days |
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| 1 | | after the suspension has occurred and concluded as | 2 | | expeditiously as practical. In the event of a summary | 3 | | suspension, the county coroner or medical examiner responsible | 4 | | for the area where the natural organic reduction facility is | 5 | | located shall make arrangements to dispose of any bodies in | 6 | | the suspended licensee's possession after consulting with the | 7 | | authorizing agents for those bodies.
| 8 | | Section 99. Effective date. This Act takes effect January | 9 | | 1, 2025.
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