NATURAL ORG REDUCE REG-ACT

Illinois General Assembly - Full Text of HB5425

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Full Text of HB5425

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HB5425 - 104th General Assembly

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HB5425 Engrossed
LRB104 19398 AAS 32846 b
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 for
15
the overall spiritual dignity of the human. It is further a
16
matter 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

HB5425 Engrossed
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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.
16

"Body parts" means limbs or other portions of the anatomy
17
that are removed from a person or human remains for medical
18
purposes during treatment, surgery, biopsy, autopsy, or
19
medical research or human bodies or any portion of human
20
bodies that have been donated to science for medical research
21
purposes.
22

"Burial transit permit" means a permit for disposition of
23
a dead human body as required by State law.
24

"Casket" means a container that is designed for the
25
encasement of human remains that is usually constructed of
26
wood, metal, or like material and ornamented and lined with

HB5425 Engrossed
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LRB104 19398 AAS 32846 b
1
fabric, and may or may not be combustible.
2

"Comptroller" means the Comptroller of the State.
3

"Disposition authority" means the legal entity which is
4
licensed by the Comptroller to operate a natural organic
5
reduction facility and to perform natural organic reductions.
6

"Final disposition" means the burial, cremation, natural
7
organic reduction, or other disposition of human remains or
8
parts of human remains.
9

"Funeral director" means a person known by the title of
10
"funeral director", "funeral director and embalmer", or other
11
similar words or titles and licensed by the State to practice
12
funeral directing or funeral directing and embalming.
13

"Funeral establishment" means a building or separate
14
portion of a building that has a specific street address and
15
location and that is devoted to activities relating to the
16
shelter, care, custody, and preparation of a deceased human
17
body. A funeral establishment may contain facilities for
18
funeral or wake services.
19

"Holding facility" means an area that: (i) is designated
20
for the retention of human remains prior to natural organic
21
reduction; (ii) complies with all applicable public health
22
law; (iii) preserves the health and safety of the natural
23
organic reduction facilities personnel; and (iv) is secure
24
from access by anyone other than authorized persons. A holding
25
facility may be located in the natural organic reduction room,
26
consistent with the refrigeration requirements of this Act.

HB5425 Engrossed
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LRB104 19398 AAS 32846 b
1

"Human remains" means the body of a deceased person,
2
including any form of body prosthesis that has been
3
permanently attached or implanted in the body.
4

"Integrate into the soil" means the authorized addition
5
and mixing of reduced human remains with existing soil in a
6
defined area within a dedicated cemetery, conservation area,
7
or property where the person who has control over the
8
disposition of the reduced human remains has obtained written
9
permission of the property owner.
10

"Licensee" means an entity licensed under this Act. An
11
entity that holds itself as a licensee or that is accused of
12
unlicensed practice is considered a licensee for purposes of
13
enforcement, investigation, hearings, and the Illinois
14
Administrative Procedure Act.
15

"Natural organic reduction" means the process of
16
transforming a human body into soil using the natural
17
decomposition process, accelerated with the addition of
18
organic materials through the following steps:
19

(1) The body of a deceased person is mixed together
20

with natural materials and air, eventually resulting in
21

the body's reduction to a soil material.
22

(2) Large tanks, containers, or similar vessels hold
23

human remains together with straw, wood chips, or other
24

natural materials until the process is complete. Any such
25

tank, container, or similar vessel shall be stainless
26

steel, leakproof, promote aerobic reduction, and provide

HB5425 Engrossed
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LRB104 19398 AAS 32846 b
1

for continuous monitoring of the natural organic reduction
2

process.
3

(3) The processing of the remains after removal from
4

the reduction chamber.
5

"Natural organic reduction authorization" means the
6
natural organic reduction form authorizing a natural organic
7
reduction which is signed by the next of kin or authorizing
8
agent. This natural organic reduction form must be a separate
9
document and cannot be a part of another form or document.
10

"Natural organic reduction facility" means the building or
11
portions of a building that houses the natural organic
12
reduction room and the holding facility. The facility shall
13
have a ventilation system that ventilates from the tank,
14
container, or similar vessel to a biofiltration system.
15

"Natural organic reduction room" means the room in which
16
the reduction chambers are located.
17

"Niche" means a compartment or cubicle for the
18
memorialization and permanent placement of an urn containing
19
reduced remains.
20

"Person" means any person, partnership, association,
21
corporation, limited liability company, or other entity, and
22
in the case of such a business organization, its officers,
23
partners, members, or shareholders possessing 25% or more of
24
ownership of the entity.
25

"Processing" means the removal of foreign objects as well
26
as, but not limited to, grinding, crushing, and pulverizing of

HB5425 Engrossed
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1
the remaining teeth and bones for the reduced human remains to
2
be integrated into the soil.
3

"Pulverization" means the reduction of identifiable bone
4
fragments after the completion of the natural organic
5
reduction process to granulated particles by manual or
6
mechanical means.
7

"Reduction chamber" means the enclosed space within which
8
individual human remains are reduced and any other attached,
9
non-enclosed mechanical components that are necessary for the
10
safe and proper functioning of the equipment. A reduction
11
chamber shall reach a minimum of 131 degrees Fahrenheit for 72
12
consecutive hours.
13

"Reduced human remains" means the remains of a human body
14
that have been reduced to soil through a process of reduction.
15
"Reduced human remains" does not include foreign materials,
16
pacemakers, or prostheses.
17

"Reduced human remains interment container" means a rigid
18
outer container that is subject to a cemetery's rules and
19
regulations.
20

"Scattering area" means an area which may be designated by
21
a cemetery and located on dedicated cemetery property, or an
22
area designated as a scattering area on private land or a
23
privately owned nature preserve, where reduced human remains,
24
which have been removed from the reduced human remains
25
interment container, can be mixed with, or placed on top of,
26
the soil or ground cover.

HB5425 Engrossed
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LRB104 19398 AAS 32846 b
1

"Temporary container" means a receptacle for reduced human
2
remains, usually composed of cardboard, plastic, or similar
3
material, that can be closed in a manner that prevents the
4
leakage or spillage of the reduced human remains and the
5
entrance of foreign material and that is a single container of
6
sufficient size to hold the reduced human remains until an urn
7
is acquired or the reduced human remains are scattered.
8

"Urn" means a receptacle designed to encase a portion of
9
the reduced human remains.

10

Section 15.
Powers and duties of the Comptroller.
Subject
11
to the provisions of this Act, the Comptroller may exercise
12
any of the following powers and duties:
13

(1) authorize standards to ascertain the
14

qualifications and fitness of applicants for licensing as
15

licensed natural organic reduction authorities and pass
16

upon the qualifications of applicants for licensure;
17

(2) examine and audit a licensed disposition
18

authority's record, a natural organic reduction facility,
19

or any other aspects of the natural organic reduction
20

operations as the Comptroller deems appropriate;
21

(3) investigate any and all unlicensed activity;
22

(4) conduct hearings on proceedings to refuse to issue
23

licenses or to revoke, suspend, place on probation,
24

reprimand, or otherwise discipline licensees and to refuse
25

to issue licenses or to revoke, suspend, place on

HB5425 Engrossed
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LRB104 19398 AAS 32846 b
1

probation, reprimand, or otherwise discipline licensees;
2

(5) formulate rules required for the administration of
3

this Act; and
4

(6) maintain rosters of the names and addresses of all
5

licensees and all entities whose licenses have been
6

suspended, revoked, or otherwise disciplined. These
7

rosters shall be available upon written request and
8

payment of the required fee.

9

Section 20.
Establishment of a natural organic reduction
10
facility and licensing of a disposition authority.
11

(a) Any person doing business in this State, or any
12
cemetery, crematory, funeral establishment, corporation,
13
partnership, joint venture, voluntary organization, or any
14
other entity, may erect, maintain, and operate a natural
15
organic reduction facility in this State and provide the
16
necessary appliances and facilities for the natural organic
17
reduction of human remains in accordance with this Act.
18

(b) A natural organic reduction facility shall be subject
19
to all local, State, and federal health and environmental
20
protection requirements and shall obtain all necessary
21
licenses and permits from the Department of Financial and
22
Professional Regulation, the Department of Public Health, the
23
federal Department of Health and Human Services, and the State
24
and federal Environmental Protection Agencies, or other
25
appropriate local, State, or federal agencies.

HB5425 Engrossed
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LRB104 19398 AAS 32846 b
1

(c) A natural organic reduction facility may be
2
constructed on or adjacent to any cemetery or crematory, on or
3
adjacent to any funeral establishment, or at any other
4
location consistent with local zoning regulations.
5

(d) An application for licensure as a disposition
6
authority shall be in writing on forms furnished by the
7
Comptroller. Applications shall be accompanied by a fee of
8
$100 and shall contain all of the following:
9

(1) the full name and address, both residential and
10

business, of the applicant if the applicant is an
11

individual; the full name and address of every member if
12

the applicant is a partnership; the full name and address
13

of every member of the board of directors if the applicant
14

is an association; and the name and address of every
15

officer, director, and shareholder holding more than 25%
16

of the corporate stock if the applicant is a corporation;
17

(2) the address and location of the natural organic
18

reduction facility;
19

(3) a description of the type of structure, equipment,
20

and technical process to be used in the operation of the
21

natural organic reduction facility; and
22

(4) any further information that the Comptroller
23

reasonably may require.
24

(e) Each disposition authority shall file an annual report
25
with the Comptroller, accompanied with a $25 fee plus $5 for
26
each natural organic reduction performed that calendar year,

HB5425 Engrossed
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LRB104 19398 AAS 32846 b
1
providing (i) an affidavit signed by the owner of the natural
2
organic reduction facility that at the time of the report the
3
natural organic reduction device was in proper operating
4
condition and all annual recommended maintenance by the
5
manufacturer was performed, (ii) the total number of all
6
natural organic reductions performed at the natural organic
7
reduction facility during the past year, (iii) attestation by
8
the licensee that all applicable permits and certifications
9
are valid, (iv) either (A) any changes required in the
10
information provided under subsection (d) or (B) an indication
11
that no changes have occurred, and (v) any other information
12
that the Comptroller may require. The annual report shall be
13
filed by a disposition authority on or before March 15 of each
14
calendar year. If the fiscal year of a disposition authority
15
is not on a calendar year basis, then the disposition
16
authority shall file the report required by this Section
17
within 75 days after the end of its fiscal year. If a
18
disposition authority fails to submit an annual report to the
19
Comptroller within the time specified in this Section, the
20
Comptroller shall impose upon a disposition authority a
21
penalty of $5 for each and every day the disposition authority
22
remains delinquent in submitting the annual report. The
23
Comptroller may abate all or part of the $5 daily penalty for
24
good cause shown. The $25 annual report fee shall be deposited
25
into the Comptroller's Administrative Fund. The $5 fee for
26
each natural organic reduction performed shall be deposited

HB5425 Engrossed
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LRB104 19398 AAS 32846 b
1
into the Cemetery Consumer Protection Fund.
2

(f) All records required to be maintained under this Act,
3
including, but not limited to, those relating to the license
4
and annual report of the disposition authority required to be
5
filed under this Section, shall be subject to inspection by
6
the Comptroller upon reasonable notice.
7

(g) The Comptroller may inspect a natural organic
8
reduction facility record at a licensed disposition
9
authority's place of business to review the licensee's
10
compliance with this Act. The Comptroller may charge a fee of
11
$100 for the inspection to the licensee. The inspection must
12
include verification that:
13

(1) the disposition authority has complied with the
14

recordkeeping requirements of this Act;
15

(2) a natural organic reduction device operator's
16

certification of training and the required continuing
17

education certification is conspicuously displayed at the
18

natural organic reduction facility;
19

(3) the disposition authority is in compliance with
20

local zoning requirements;
21

(4) the disposition authority license issued by the
22

Comptroller is conspicuously displayed at the natural
23

organic reduction facility; and
24

(5) other details as determined by rule.
25

(h) Every license issued under this Act shall be renewed
26
every 5 years for a renewal fee of $100. The renewal fee shall

HB5425 Engrossed
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LRB104 19398 AAS 32846 b
1
be deposited into the Comptroller's Administrative Fund. The
2
Comptroller, upon the request of an interested person or on
3
his or her own motion, may issue new licenses to a licensee
4
whose license or licenses have been revoked, if no factor or
5
condition then exists which would have warranted the
6
Comptroller to originally refuse the issuance of the license.

7

Section 25.
Grounds for denial or discipline.
8

(a) In this Section, "applicant" means a person who has
9
applied for a license under this Act, including those persons
10
whose names are listed on a license application in Section 20
11
of this Act.
12

(b) The Comptroller may refuse to issue a license, place
13
on probation, reprimand, or take other disciplinary action
14
that the Comptroller may deem appropriate, including imposing
15
fines not to exceed $5,000 for each violation, with regard to
16
any license under this Act, or may suspend or revoke a license
17
issued under this Act, on any of the following grounds:
18

(1) The applicant or licensee has made any
19

misrepresentation or false statement or concealed any
20

material fact in furnishing information to the
21

Comptroller.
22

(2) The applicant or licensee has been engaged in
23

fraudulent business practices.
24

(3) The applicant or licensee has refused to give
25

information required under this Act to be disclosed to the

HB5425 Engrossed
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LRB104 19398 AAS 32846 b
1

Comptroller or fails, within 30 days, to provide
2

information in response to a written request made by the
3

Comptroller.
4

(4) Engaging in dishonorable, unethical, or
5

unprofessional conduct of a character likely to deceive,
6

defraud, or harm the public.
7

(5) For any individual listed in the license
8

application as required under Section 20, that individual
9

has conducted or is about to conduct any natural organic
10

reduction business on behalf of the applicant in a
11

fraudulent manner or has been convicted of any felony or
12

misdemeanor an essential element of which is fraud.
13

(6) The applicant or licensee has failed to make the
14

annual report required by this Act or to comply with a
15

final order, decision, or finding of the Comptroller made
16

under this Act.
17

(7) The applicant or licensee, including any member,
18

officer, or director of the applicant or licensee if the
19

applicant or licensee is a firm, partnership, association,
20

or corporation and any shareholder holding more than 25%
21

of the corporate stock of the applicant or licensee, has
22

violated any provision of this Act or any regulation or
23

order made by the Comptroller under this Act.
24

(8) The Comptroller finds any fact or condition
25

existing that, if it had existed at the time of the
26

original application for a license under this Act, would

HB5425 Engrossed
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LRB104 19398 AAS 32846 b
1

have warranted the Comptroller refusing the issuance of
2

the license.
3

(9) Any violation of this Act or of the rules adopted
4

under this Act.
5

(10) Incompetence.
6

(11) Gross malpractice.
7

(12) Discipline by another state, District of
8

Columbia, territory, or foreign nation, if at least one of
9

the grounds for the discipline is the same or
10

substantially equivalent to those set forth in this
11

Section.
12

(13) Directly or indirectly giving to or receiving
13

from any person, firm, corporation, partnership, or
14

association any fee, commission, rebate, or other form of
15

compensation for professional services not actually or
16

personally rendered.
17

(14) A finding by the Comptroller that the licensee,
18

after having its license placed on probationary status,
19

has violated the terms of probation.
20

(15) Willfully making or filing false records or
21

reports, including, but not limited to, false records
22

filed with State agencies or departments.
23

(16) Gross, willful, or continued overcharging for
24

professional services, including filing false statements
25

for collection of fees for which services are not
26

rendered.

HB5425 Engrossed
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1

(17) Practicing under a false or, except as provided
2

by law, an assumed name.
3

(18) Cheating on or attempting to subvert this Act's
4

licensing application process.

5

Section 30.
License revocation or suspension; surrender of
6
license.
Upon the revocation or suspension of a license issued
7
under this Act, the licensee must immediately surrender the
8
license to the Comptroller. If the licensee fails to do so, the
9
Comptroller may seize the license.

10

Section 35.
Surrender of license; effect on licensee's
11
liability.
A licensee may surrender a license issued under
12
this Act by delivering to the Comptroller a written notice
13
stating that the licensee thereby surrenders the license, but
14
such a surrender does not affect the licensee's civil or
15
criminal liability for acts committed before the surrender.

16

Section 40.
License; display; transfer; duration.
17

(a) Every license issued under this Act must state the
18
number of the license, the business name and address of the
19
licensee's principal place of business, and the licensee's
20
parent company, if any. The license must be conspicuously
21
posted in the place of business operating under the license.
22

(b) After initial licensure, if any person comes to obtain
23
at least 51% of the ownership over the natural organic

HB5425 Engrossed
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LRB104 19398 AAS 32846 b
1
reduction facility, then the disposition authority shall apply
2
for a new license in the required time as set out by rule.
3

(c) Every license issued under this Act shall remain in
4
force until it has been surrendered, suspended, or revoked in
5
accordance with this Act. Upon the request of an interested
6
person or on the Comptroller's own motion, the Comptroller may
7
issue a new license to a licensee whose license has been
8
revoked under this Act if no factor or condition then exists
9
which would have warranted the Comptroller in originally
10
refusing the issuance of the license.

11

Section 45.
Authorizing agent.
The priority of the person
12
or persons who have the right to serve as the authorizing agent
13
for natural organic reduction is in the same priority as
14
listed in Section 5 of the Disposition of Remains Act.

15

Section 50.
Natural organic reduction only in a natural
16
organic reduction facility.
An individual or a person,
17
cemetery, crematory, funeral establishment, corporation,
18
partnership, joint venture, voluntary organization, or other
19
entity may reduce human remains only in a natural organic
20
reduction facility operated by a disposition authority
21
licensed for this purpose and only under the limitations
22
provided in this Act.

23

Section 55.
Authorization for natural organic reduction.

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LRB104 19398 AAS 32846 b
1

(a) A disposition authority shall not reduce human remains
2
by natural organic reduction until it has received all of the
3
following:
4

(1) a natural organic reduction authorization form
5

signed by the authorizing agent. The natural organic
6

reduction authorization form shall be provided by the
7

disposition authority and shall contain, at a minimum, the
8

following information:
9

(A) the identity of the human remains and the time
10

and date of death;
11

(B) the name of the funeral director and funeral
12

establishment, if applicable, that obtained the
13

natural organic reduction authorization;
14

(C) notification as to whether the death occurred
15

from a disease declared by the Department of Public
16

Health to be infectious, contagious, communicable, or
17

dangerous to the public health, whether the deceased
18

was treated with nuclear medicine, and whether any of
19

the following apply:
20

(i) a prion disease infection, mycobacterium
21

tuberculosis infection, or Ebola virus disease
22

infection;
23

(ii) a contagious disease infection which may
24

be a public health hazard as identified by the
25

local health officer or medical examiner;
26

(iii) a radioactive seed implant within 30

HB5425 Engrossed
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LRB104 19398 AAS 32846 b
1

days of death until such time that 30 days have
2

elapsed or the organ containing the seed or seeds
3

has been removed;
4

(iv) containing a nuclear pacemaker until such
5

time that the nuclear pacemaker is removed; or
6

(v) perishing as a result of a radiologic
7

incident or accident, unless a written release is
8

provided by the Illinois Emergency Management
9

Agency and Office of Homeland Security or other
10

State or federal agency in charge of the response
11

to the radiological incident or accident.
12

(D) the name of the authorizing agent and the
13

relationship between the authorizing agent and the
14

decedent;
15

(E) a representation that the authorizing agent
16

does in fact have the right to authorize the natural
17

organic reduction of the decedent and that the
18

authorizing agent is not aware of any living person
19

who has a superior priority right to that of the
20

authorizing agent, as set forth in Section 45. In the
21

event there is another living person who has a
22

superior priority right to that of the authorizing
23

agent, the form shall contain a representation that
24

the authorizing agent has made all reasonable efforts
25

to contact that person, has been unable to do so, and
26

has no reason to believe that the person would object

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1

to the natural organic reduction of the decedent;
2

(F) authorization for the disposition authority to
3

reduce the human remains by natural organic reduction;
4

(G) a representation that the human remains do not
5

contain any other material or implant that may be
6

potentially hazardous or cause damage to the natural
7

organic reduction chamber or the person performing the
8

natural organic reduction;
9

(H) the name of the person authorized to receive
10

the reduced remains from the disposition authority;
11

(I) the manner in which final disposition of the
12

reduced human remains is to take place, if known. If
13

the reduction authorization form does not specify
14

final disposition in a grave, crypt, niche, or
15

scattering area, then the form may indicate that the
16

reduced human remains will be held by the disposition
17

authority for 30 days before they are released, unless
18

they are picked up from the disposition authority
19

prior to that time, in person, by the authorizing
20

agent with prior consent from the authorizing agent.
21

At the end of the 60 days, the disposition authority
22

may return the reduced human remains to the
23

authorizing agent if no final disposition arrangements
24

are made; or, at the end of 60 days, the disposition
25

authority may dispose of the reduced human remains in
26

accordance with subsection (e) of Section 75;

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(J) a listing of any items of value to be delivered
2

to the disposition authority along with the human
3

remains and instructions as to how the items should be
4

handled;
5

(K) a specific statement as to whether the
6

authorizing agent has made arrangements for any type
7

of viewing of the decedent before natural organic
8

reduction or for a service with the decedent present
9

before natural organic reduction in connection with
10

the natural organic reduction and, if so, the date and
11

time of the viewing or service and whether the
12

disposition authority is authorized to proceed with
13

the natural organic reduction upon receipt of the
14

human remains;
15

(L) the signature of the authorizing agent,
16

attesting to the accuracy of all representations
17

contained on the natural organic reduction
18

authorization form, except as set forth in paragraph
19

(M) of this subsection;
20

(M) if a natural organic reduction form is being
21

executed on a preneed basis, the natural organic
22

reduction authorization form shall contain the
23

disclosure required by subsection (b) of Section 125;
24

and
25

(N) the natural organic reduction authorization
26

form, other than a preneed natural organic reduction

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1

form, shall also be signed by a funeral director or
2

other representative of the disposition authority that
3

obtained the natural organic reduction authorization.
4

That individual shall merely execute the natural
5

organic reduction authorization form and shall not be
6

responsible for any of the representations made by the
7

authorizing agent, unless the individual has actual
8

knowledge to the contrary. The information requested
9

by subparagraphs (A), (B), (C), and (G) of this
10

subsection, however, shall be considered to be
11

representations of the authorizing agent. The funeral
12

director or funeral establishment shall warrant to the
13

natural organic reduction facility that the human
14

remains delivered to the disposition authority are the
15

human remains identified on the natural organic
16

reduction authorization form;
17

(2) a completed and executed burial transit permit
18

indicating that the human remains are to be reduced; and
19

(3) any other documentation required by this State.
20

(b) If an authorizing agent is not available to execute a
21
natural organic reduction authorization form in person, that
22
person may use an electronic signature. The disposition
23
authority, funeral director, and funeral establishment shall
24
be entitled to rely upon the natural organic reduction
25
authorization form without liability.
26

(c) An authorizing agent who signs a natural organic

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1
reduction authorization form shall be deemed to warrant the
2
truthfulness of any facts set forth on the natural organic
3
reduction authorization form, including that person's
4
authority to order the natural organic reduction, except for
5
the information required by subparagraphs (C) and (G) of
6
paragraph (1) of subsection (a), unless the authorizing agent
7
has actual knowledge to the contrary. An authorizing agent
8
signing a natural organic reduction authorization form shall
9
be personally and individually liable for all damages
10
occasioned by and resulting from authorizing the natural
11
organic reduction.
12

(d) After an authorizing agent has executed a natural
13
organic reduction authorization form and before the natural
14
organic reduction process has started, the authorizing agent
15
may revoke the authorization and instruct the disposition
16
authority to cancel the natural organic reduction and to
17
release or deliver the human remains to another disposition
18
authority or funeral establishment. The instructions shall be
19
provided to the disposition authority in writing. A
20
disposition authority shall honor any instructions given to it
21
by an authorizing agent under this Section if it receives the
22
instructions prior to beginning the reduction of the human
23
remains.

24

Section 60.
Performance of natural organic reduction
25
services; training.
The handling of the human remains upon

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1
arrival at a disposition authority, including placement into
2
the natural organic reduction chamber, and until the reduction
3
inside the chamber is complete shall be under the immediate
4
direct supervision of a licensed funeral director or licensed
5
funeral director and embalmer. Natural organic reduction
6
operators who have received training and received
7
certification by a program recognized by the Comptroller may
8
handle remains after completed reduction, including
9
processing, pulverization, and placement of soil into an urn.
10
The disposition authority must conspicuously display the
11
certification at the disposition authority's place of
12
business. A continuing education natural organic reduction
13
course of at least 2 hours in length from a recognized provider
14
must be completed every 5 years by each person performing a
15
natural organic reduction service. For the purposes of this
16
Act, the Comptroller may recognize any training program that
17
provides training in the operation of a natural organic
18
reduction device, in the maintenance of a clean facility, and
19
in the proper handling of human remains. The Comptroller may
20
recognize any course that is conducted by a death care trade
21
association in the State or the United States for natural
22
organic reduction or by a manufacturer of a natural organic
23
reduction unit that is consistent with the standards provided
24
in this Act or as otherwise determined by rule.

25

Section 65.
Recordkeeping.

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(a) The disposition authority shall furnish to the funeral
2
director a receipt signed at the time of delivery by both the
3
disposition authority and the funeral director who oversaw the
4
delivery of the human remains, showing the date and time of the
5
delivery, the type of alternative container or external
6
wrapping that was delivered, the name of the person from whom
7
the human remains were received and the name of the funeral
8
establishment or other entity with whom the person is
9
affiliated, the name of the person who received the human
10
remains on behalf of the disposition authority, and the name
11
of the decedent. The disposition authority shall retain a copy
12
of this receipt in its permanent records.
13

(b) Upon its release of the reduced human remains, the
14
disposition authority shall furnish to the person who receives
15
the reduced human remains from the disposition authority a
16
receipt signed by both the disposition authority and the
17
person who receives the natural organic reduction remains
18
showing the date and time of the release, the name of the
19
person to whom the reduced human remains were released and the
20
name of the funeral establishment, cemetery, or other entity
21
with whom the person is affiliated, the name of the person who
22
released the reduced human remains on behalf of the
23
disposition authority, the name of the decedent, and the
24
estimated volume of reduced human remains. The natural organic
25
reduction facility shall retain a copy of this receipt in its
26
permanent records.

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(c) A disposition authority shall maintain at its place of
2
business a permanent record of each natural organic reduction
3
that took place at its facility, which shall contain the name
4
of the decedent, the date of the natural organic reduction,
5
the estimated weight of the reduced human remains, and the
6
final disposition of the reduced human remains.
7

(d) The disposition authority shall maintain a record of
8
all reduced human remains disposed of by the disposition
9
authority in accordance with subsection (d) of Section 75.
10

(e) Upon completion of the natural organic reduction, the
11
disposition authority shall file the burial transit permit, as
12
required by the Vital Records Act and rules adopted under that
13
Act and the Counties Code, and transmit a photocopy of the
14
burial transit permit along with the reduced human remains to
15
whoever receives the reduced human remains from the
16
authorizing agent unless the reduced human remains are to be
17
interred, entombed, inurned, or placed in a scattering area,
18
in which case the disposition authority shall retain a copy of
19
the burial transit permit and shall send the permit, along
20
with the reduced human remains, to the cemetery, which shall
21
file the permit with the designated agency after the
22
interment, entombment, inurnment, or scattering has taken
23
place.
24

(f) All cemeteries shall maintain a record of all reduced
25
human remains that are disposed of on their property, provided
26
that the reduced human remains were properly transferred to

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1
the cemetery and the cemetery issued a receipt acknowledging
2
the transfer of the reduced human remains.

3

Section 70.
Natural organic reduction procedures.
4

(a) Human remains shall not be reduced within 24 hours
5
after the time of death, as indicated on the Medical
6
Examiner's or Coroner's Certificate of Death. In any death,
7
the human remains shall not be reduced by the disposition
8
authority until a natural organic reduction permit has been
9
received from the coroner or medical examiner of the county in
10
which the death occurred and the disposition authority has
11
received a natural organic reduction authorization form,
12
executed by an authorizing agent, in accordance with the
13
provisions of Section 55 of this Act. In no instance, however,
14
shall the lapse of time between the death and the natural
15
organic reduction be less than 24 hours, unless the lapse of
16
time is because of a religious requirement.
17

(b) Except as set forth in subsection (a), a disposition
18
authority shall have the right to schedule the natural organic
19
reduction to be performed at its own convenience, at any time
20
after the human remains have been delivered to the disposition
21
authority, unless the disposition authority has received
22
specific instructions to the contrary on the natural organic
23
reduction authorization form.
24

(c) No disposition authority shall reduce human remains
25
when it has actual knowledge that human remains contain

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1
materials or implants that may be potentially hazardous to the
2
person performing the natural organic reduction.
3

(d) No disposition authority shall accept embalmed remains
4
or remains that were treated with nuclear medicine for natural
5
organic reduction. No disposition authority should reduce
6
human remains if the human remains are confirmed to have or
7
suspected of having one or more of the following conditions:
8

(1) a prion disease infection, mycobacterium
9

tuberculosis infection, or Ebola virus disease infection;
10

(2) a contagious disease infection which may be a
11

public health hazard as identified by the Department of
12

Public Health, local health officer, or medical examiner;
13

(3) a radioactive seed implant within 30 days of death
14

until such time that 30 days have elapsed or the organ
15

containing the seed or seeds has been removed;
16

(4) containing a nuclear pacemaker until such time
17

that the nuclear pacemaker is removed;
18

(5) perishing as a result of a radiologic incident or
19

accident, unless a written release is provided by the
20

Illinois Emergency Management Agency and Office of
21

Homeland Security or other State or federal agency in
22

charge of the response to the radiological incident or
23

accident; or
24

(6) embalmed.
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 an 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. The disposition authority must notify the authorizing
7
agent of the reasons for delay in the natural organic
8
reduction if a properly authorized natural organic reduction
9
is not performed within any time period expressly contemplated
10
in the authorization.
11

For purposes of this Section, "immediately upon taking
12
custody" means within 24 hours of taking custody.
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 removing or
11
assisting 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. The signed acknowledgment of the
20
authorizing person that the timely disclosure has been made
21
shall be retained by the natural organic reduction facility in
22
its permanent records.
23

(k) A disposition authority shall:
24

(1) ensure that the material in the natural organic
25

reduction chamber naturally reaches and maintains a
26

minimum temperature of 131 degrees Fahrenheit for a

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LRB104 19398 AAS 32846 b
1

minimum of 72 consecutive hours during the process of
2

natural organic reduction;
3

(2) analyze each instance of the reduced human remains
4

for physical contaminants, including, but not limited to,
5

intact bone, dental fillings, and medical implants, and
6

ensure reduced human remains have less than 0.01 mg/kg dry
7

weight of any physical contaminants;
8

(3) collect material samples for analysis that are
9

representative of each instance of natural organic
10

reduction, using a sampling method such as those described
11

in the U.S. Composting Council 2002 Test Methods for the
12

Examination of Composting and Compost, method 02.01-A
13

through E;
14

(4) develop and use a natural organic reduction
15

process in which the reduced human remains from the
16

process do not exceed the following limits:

17
18
Metals and other testing
19
parameters

Limit (mg/kg dry weight), unless otherwise specified
20
Fecal coliform
21
22
Less than 1,000 Most total Probable Number per gram of solids (dry weight)
23
Salmonella
24
25
Less than 3 Most Probable Number per 4 grams of total solids (dry weight)

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1
Arsenic
Less than or equal to 11 ppm
2
Cadmium
Less than or equal to 7.1 ppm
3
Lead
Less than or equal to 150 ppm
4
Mercury
Less than or equal to 5 ppm
5
Selenium
Less than or equal to 18 ppm;

6

(5) analyze, using a third-party laboratory accredited
7

by the Illinois Environmental Laboratory Accreditation
8

Program or an STA Compost-Certified Laboratory, the
9

natural organic reduction facility's material samples of
10

reduced human remains according to the following schedule:
11

(A) the natural organic reduction facility must
12

analyze each of the first 20 instances of reduced
13

human remains for the parameters in paragraph (4) of
14

this subsection (k);
15

(B) if any of the first 20 instances of reduced
16

human remains yield results exceeding the limits in
17

paragraph (4) of this subsection (k), the natural
18

organic reduction facility must conduct appropriate
19

processes to correct the levels of the substances in
20

paragraph (4) and have the resultant remains tested to
21

ensure they fall within the identified limits;
22

(C) if any of the first 20 instances of reduced
23

human remains yield results exceeding the limits in
24

paragraph (4) of this subsection (k), the natural
25

organic reduction facility must analyze each

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1

additional instance of reduced human remains for the
2

parameters in paragraph (4) until a total of 20
3

samples, not including those from remains that were
4

reprocessed as required in subparagraph (B) of this
5

paragraph (5), have yielded results within the limits
6

in paragraph (4) on initial testing;
7

(D) after 20 material samples of reduced human
8

remains have met the limits in paragraph (4) of this
9

subsection (k), the natural organic reduction facility
10

must analyze at least 25% of the natural organic
11

reduction facility's monthly instances of reduced
12

human remains for the parameters in paragraph (4)
13

until 80 total material samples of reduced remains are
14

found to meet the limits in paragraph (4), not
15

including any samples that required reprocessing to
16

meet those limits; and
17

(E) after 80 material samples of reduced human
18

remains are found to meet the limits in paragraph (4)
19

of this subsection (k), the natural organic reduction
20

facility must analyze at least one randomly chosen
21

instance of reduced human remains each month for the
22

parameters in paragraph (4). If fecal coliform or
23

salmonella in the tested reduced human remains exceeds
24

the limit for that substance in paragraph (4), the
25

natural organic reduction facility must analyze each
26

subsequent instance of reduced human remains for fecal

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LRB104 19398 AAS 32846 b
1

coliform or salmonella until 10 total material samples
2

are found to meet the limits for those substances in
3

paragraph (4) on initial testing, demonstrating the
4

natural organic reduction process was effectively
5

corrected;
6

(6) comply with any testing requirements established
7

by the Comptroller or local health department for content
8

parameters in addition to those specified in paragraph (4)
9

of this subsection (k);
10

(7) not release any reduced human remains that exceed
11

the limits in paragraph (4) of this subsection (k); and
12

(8) prepare, maintain, and provide to the Comptroller
13

a report for each calendar year detailing the natural
14

organic reduction facility's activities during the
15

previous calendar year. The report must include the
16

following information:
17

(A) the name and address of the natural organic
18

reduction facility;
19

(B) the calendar year covered by the report;
20

(C) the annual quantity of reduced human remains;
21

(D) the results of any laboratory analyses of
22

reduced human remains, including an affirmation that
23

the analysis was prepared in accordance with this
24

subsection (k); and
25

(E) any additional information required by the
26

Comptroller, Department of Public Health, or local

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1

health department.
2

(l) Upon the completion of each natural organic reduction,
3
all of the recoverable residue of the reduction process shall
4
be removed from the reduction chamber.
5

(m) If all of the recovered reduced human remains will not
6
fit within the receptacle that has been selected, the
7
remainder of the reduced human remains shall be disposed of in
8
accordance with subsection (e) of Section 75.
9

(n) A disposition authority shall not knowingly represent
10
to an authorizing agent or the agent's designee that a
11
temporary container or urn contains the reduced remains of a
12
specific decedent when it does not.
13

(o) Reduced human remains shall be shipped only by a
14
method that has an internal tracing system available and that
15
provides a receipt signed by the person accepting delivery.
16

(p) A disposition authority shall maintain an
17
identification system that shall ensure that it shall be able
18
to identify the human remains in its possession throughout all
19
phases of the natural organic reduction process.
20

(q) A disposition authority shall not reduce via natural
21
organic reduction the remains as specified in Section 55.
22

(r) In the case of an event where the health of the public
23
may be at risk or there are signs at a facility of a potential
24
health hazard, the Department of Public Health may be
25
consulted to assess the natural organic reduction facility's
26
compliance with this Act.

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1

Section 75.
Disposition of reduced human remains.
2

(a) The authorizing agent shall be responsible for the
3
final disposition of the reduced human remains delivered to
4
the authorizing agent. The reduced human remains delivered to
5
the authorizing agent may be disposed of by placing them in a
6
grave, crypt, or niche or by scattering them in a scattering
7
area.
8

(b) Reduced human remains delivered to the authorizing
9
agent may be integrated into the soil in an area where no local
10
prohibition exists if the reduced human remains are not
11
distinguishable to the public, are not in a container, and
12
that the person who has control over disposition of the
13
reduced human remains has obtained written permission of the
14
property owner or governing agency to integrate into soil on
15
the property.
16

(c) A State or local agency may adopt an ordinance,
17
regulation, or policy, as appropriate, authorizing or
18
specifically prohibiting the integration of reduced human
19
remains into the soil on lands under the agency's
20
jurisdiction. The integration into the soil of the reduced
21
human remains of more than one person in one location pursuant
22
to this Section does not create a cemetery.
23

(d) Upon the completion of the natural organic reduction
24
process, and except as provided for in subparagraph (I) of
25
paragraph (1) of subsection (a) of Section 55, if the

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1
disposition authority has not been instructed to arrange for
2
the interment, entombment, inurnment, or scattering of the
3
reduced human remains, the disposition authority shall deliver
4
the reduced human remains to the individual specified on the
5
natural organic reduction authorization form or, if no
6
individual is specified, then to the authorizing agent. Upon
7
receipt of the reduced human remains, the individual receiving
8
them may transport them in any manner in this State without a
9
permit and may dispose of them in accordance with this
10
Section.
11

(e) If, after a period of 60 days from the date the natural
12
organic reduction process is complete, the authorizing agent
13
or the agent's designee has not instructed the disposition
14
authority to arrange for the final disposition of the reduced
15
human remains, claimed the reduced human remains, or claimed
16
only a portion of the reduced human remains, the disposition
17
authority may dispose of the reduced human remains in a
18
cemetery or on conservation land, which is land that is
19
protected and cannot be built on and that is only used for the
20
conservation of nature. The disposition authority, however,
21
shall keep a permanent record identifying the site of final
22
disposition and the estimated volume of human remains. The
23
authorizing agent shall be responsible for reimbursing the
24
disposition authority for all reasonable expenses incurred in
25
disposing of the reduced human remains.
26

(f) Except with the express written permission of the

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1
authorizing agent, no person shall:
2

(1) dispose of reduced human remains in a manner or in
3

a location so that the reduced human remains are
4

commingled with those of another person; this prohibition
5

shall not apply to the scattering of reduced remains in an
6

area located in a dedicated cemetery or conservation land,
7

which is land that is protected, cannot be built on, and is
8

only used for the conservation of nature; or
9

(2) place reduced human remains of more than one
10

person in the same temporary container or urn.
11

(g) No person shall sell the soil resulting from reduced
12
human remains for commercial purposes.
13

(h) No person shall use the soil resulting from reduced
14
human remains to grow food for human or livestock consumption.

15

Section 80.
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. If
23
the funeral director who delivers the human remains to the
24
natural organic reduction facility fails to ensure that the
25
hazardous implants have been removed from the human remains

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1
prior to delivery, and should the human remains be reduced,
2
then the funeral director who delivered the human remains to
3
the natural organic reduction facility and anyone else covered
4
by this Section shall be liable for all resulting damages. The
5
funeral director shall bear no liability for any hazardous
6
implants or materials present in the human remains that were
7
not disclosed by the authorizing agent on the natural organic
8
reduction authorization form.

9

Section 85.
Penalties.
Violations of this Act shall be
10
punishable as follows:
11

(1) Performing a natural organic reduction without
12

receipt of a natural organic reduction authorization form
13

signed, in either paper or electronic format, by an
14

authorizing agent shall be a Class 4 felony.
15

(2) Signing, in either paper or electronic format, a
16

natural organic reduction authorization form with the
17

actual knowledge that the form contains false or incorrect
18

information shall be a Class 4 felony.
19

(3) A violation of any natural organic reduction
20

procedure set forth in Section 70 shall be a Class 4
21

felony.
22

(4) Holding oneself out to the public as a disposition
23

authority, or the operation of a building or structure
24

within this State as a natural organic reduction facility,
25

without being licensed under this Act shall be a Class A

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misdemeanor.
2

(5) Performance of natural organic reduction service
3

by a person who has not completed a training program as
4

defined in Section 60 shall be a Class A misdemeanor.
5

(6) Any person who intentionally violates a provision
6

of this Act or a final order of the Comptroller is liable
7

for a civil penalty not to exceed $5,000 per violation.
8

(7) Any person who knowingly acts without proper legal
9

authority and who willfully and knowingly destroys or
10

damages the remains of a deceased human being or who
11

desecrates human remains is guilty of a Class 3 felony.
12

(8) A violation of any other provision of this Act
13

shall be a Class B misdemeanor.

14

Section 90.
Failure to file annual report.
Whenever a
15
disposition authority refuses or neglects to file its annual
16
report in violation of Section 20 of this Act or fails to
17
otherwise comply with the requirements of this Act, the
18
Comptroller shall impose a penalty as provided for by rule for
19
each and every day the licensee remains delinquent in
20
submitting the annual report. The report shall be made under
21
oath and shall be in a form determined by the Comptroller.

22

Section 95.
Injunctive action; cease and desist order.
23

(a) If any person violates the provisions of this Act, the
24
Comptroller, in the name of the People of the State, through

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the Attorney General or the State's Attorney of the county in
2
which the violation is alleged to have occurred, may petition
3
for an order enjoining the violation or for an order enforcing
4
compliance with this Act. Upon the filing of a verified
5
petition, the court with appropriate jurisdiction may issue a
6
temporary restraining order, without notice or bond, and may
7
preliminarily and permanently enjoin the violation. If it is
8
established that the person has violated or is violating the
9
injunction, the court may punish the offender for contempt of
10
court. Proceedings under this Section are in addition to, and
11
not in lieu of, all other remedies and penalties provided by
12
this Act.
13

(b) Whenever, in the opinion of the Comptroller, a person
14
violates any provision of this Act, the Comptroller may issue
15
a rule to show cause why an order to cease and desist should
16
not be entered against that person. The rule shall clearly set
17
forth the grounds relied upon by the Comptroller and shall
18
allow at least 7 days from the date of the rule to file an
19
answer satisfactory to the Comptroller. Failure to answer to
20
the satisfaction of the Comptroller shall cause an order to
21
cease and desist to be issued.

22

Section 100.
Service of notice.
Service by the Comptroller
23
of any notice requiring a person to file a statement or report
24
under this Act shall be made: (1) personally by delivery of a
25
duly executed copy of the notice to the person to be served or,

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if that person is not a natural person, in the manner provided
2
in the Civil Practice Article of the Code of Civil Procedure
3
when a complaint is filed; or (2) by mailing by certified mail
4
a duly executed copy of the notice to the person at his or her
5
address of record.

6

Section 105.
Investigations; notice and hearing.
The
7
Comptroller may at any time investigate the actions of any
8
applicant or of any person, persons, or entity rendering or
9
offering natural organic reduction services or any person or
10
entity holding or claiming to hold a license as a licensed
11
natural organic reduction facility. The Comptroller shall,
12
before revoking, suspending, placing on probation,
13
reprimanding, or taking any other disciplinary action under
14
Section 25 of this Act, at least 30 days before the date set
15
for the hearing: (i) notify the accused in writing of the
16
charges made and the time and place for the hearing on the
17
charges; (ii) direct the accused applicant or licensee to file
18
a written answer to the charges with the Comptroller under
19
oath within 20 days after the service on the accused of the
20
notice; and (iii) inform the accused that, if the accused
21
fails to answer, default will be taken against the accused or
22
that the accused's license may be suspended, revoked, placed
23
on probationary status, or other disciplinary action with
24
regard to the license, including limiting the scope, nature,
25
or extent of the accused's practice, as the Comptroller may

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consider proper.
2

At the time and place fixed in the notice, the Comptroller
3
shall proceed to hear the charges and the parties, or their
4
counsel, shall be accorded ample opportunity to present any
5
pertinent statements, testimony, evidence, and arguments. The
6
Comptroller shall have the authority to appoint an attorney
7
duly licensed to practice law in the State to serve as the
8
hearing officer in any disciplinary action with regard to a
9
license. The hearing officer shall have full authority to
10
conduct the hearing. The Comptroller may continue the hearing
11
from time to time. If the person, after receiving the notice,
12
fails to file an answer, the person's license may, in the
13
discretion of the Comptroller, be suspended, revoked, placed
14
on probationary status, or the Comptroller may take whatever
15
disciplinary action is considered proper, including limiting
16
the scope, nature, or extent of the person's practice or the
17
imposition of a fine, without a hearing, if the act or acts
18
charged constitute sufficient grounds for that action under
19
this Act. The written notice may be served by personal
20
delivery or by certified mail to the address specified by the
21
accused in the accused's last notification with the
22
Comptroller.

23

Section 110.
Compelling testimony.
Any circuit court, upon
24
application of the Comptroller or designated hearing officer,
25
may enter an order requiring the attendance of witnesses and

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their testimony and the production of documents, papers,
2
files, books, and records in connection with any hearing or
3
investigation. The court may compel obedience to its order by
4
proceedings for contempt.

5

Section 115.
Administrative review; venue; certification
6
of record; costs.
7

(a) All final administrative decisions, as defined in
8
Section 3-101 of the Code of Civil Procedure, of the
9
Comptroller are subject to judicial review under the
10
Administrative Review Law and its rules.
11

(b) Proceedings for judicial review shall be commenced in
12
the circuit court of the county in which the party applying for
13
review resides, but if the party is not a resident of Illinois,
14
the venue shall be in Cook or Sangamon County.
15

(c) The Comptroller shall not be required to certify any
16
record of the court, file an answer in court, or to otherwise
17
appear in any court in a judicial review proceeding unless and
18
until the Comptroller has received from the plaintiff payment
19
of the costs of furnishing and certifying the record, which
20
costs shall be determined by the Comptroller. Failure on the
21
part of the plaintiff to make the payment to the Comptroller is
22
grounds for dismissal of the action.

23

Section 120.
Preneed of natural organic reduction
24
arrangements.

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(a) Any person, or anyone who has legal authority to act on
2
behalf of a person, on a preneed basis, may authorize the
3
person's own natural organic reduction and the final
4
disposition of the person's reduced remains by executing, as
5
the authorizing agent, a natural organic reduction
6
authorization form. A copy of this form shall be provided to
7
the person. Any person shall have the right to transfer or
8
cancel this authorization at any time prior to death by
9
destroying the executed natural organic reduction
10
authorization form and providing written notice to the
11
disposition authority named in the preneed form.
12

(b) Any natural organic authorization form that is being
13
executed by an individual as the individual's own authorizing
14
agent on a preneed basis shall contain the following
15
disclosure, which shall be completed by the authorizing agent:
16

"( ) I do not wish to allow any of my survivors the option
17
of cancelling my natural organic reduction and selecting
18
alternative arrangements, regardless of whether my survivors
19
deem a change to be appropriate.
20

( ) I wish to allow only the survivors whom I have
21
designated below the option of cancelling my natural organic
22
reduction and selecting alternative arrangements, if they deem
23
a change to be appropriate."
24

(c) Except as provided in subsection (b) of this Section,
25
at the time of the death of a person who has executed, as the
26
authorizing agent, a natural organic reduction authorization

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form on a preneed basis, any person in possession of an
2
executed form and any person charged with making arrangements
3
for the final disposition of the decedent who has knowledge of
4
the existence of an executed form shall use the person's best
5
efforts to ensure that the decedent is reduced and that the
6
final disposition of the reduced human remains is in
7
accordance with the instructions contained on the natural
8
organic reduction authorization form. If a disposition
9
authority (i) is in possession of a completed natural organic
10
reduction authorization form that was executed on a preneed
11
basis, (ii) is in possession of the designated human remains,
12
and (iii) has received payment for the natural organic
13
reduction of the human remains and the final disposition of
14
the reduced human remains or is otherwise assured of payment,
15
then the disposition authority shall be required to reduce the
16
human remains and dispose of the reduced human remains
17
according to the instructions contained on the natural organic
18
reduction authorization form and may do so without any
19
liability.
20

(d) Any preneed contract sold by, or preneed arrangements
21
made with, a cemetery, funeral establishment, disposition
22
authority, or any other party that includes a natural organic
23
reduction shall specify the final disposition of the reduced
24
human remains, in accordance with Section 75. If no different
25
or inconsistent instructions are provided to the disposition
26
authority by the authorizing agent at the time of death, the

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disposition authority shall be authorized to release or
2
dispose of the reduced human remains as indicated in the
3
preneed agreement. Upon compliance with the terms of the
4
preneed agreement, the disposition authority shall be
5
discharged from any legal obligation concerning the reduced
6
human remains. The preneed agreement shall be kept as a
7
permanent record by the disposition authority.
8

(e) This Section shall not apply to any natural organic
9
reduction authorization form or preneed contract executed
10
prior to the effective date of this Act. Any cemetery, funeral
11
establishment, disposition authority, or other party, however,
12
with the written approval of the authorizing agent or person
13
who executed the preneed contract, may designate that the
14
natural organic reduction authorization form or preneed
15
contract is subject to this Act.

16

Section 125.
Employment of funeral director by a
17
disposition authority.
A disposition authority shall employ or
18
enter into a contract with a funeral director for the purpose
19
of arranging natural organic reduction on an at-need basis
20
with the general public, transporting human remains to the
21
natural organic reduction facility, and processing all
22
necessary paperwork.

23

Section 130.
Scope of Act.
This Act shall be construed and
24
interpreted as a comprehensive natural organic reduction

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1
statute, and the provisions of this Act shall take precedence
2
over any existing laws containing provisions applicable to
3
natural organic reduction but that do not specifically or
4
comprehensively address natural organic reduction.

5

Section 135.
Record of proceedings; transcript.
The
6
Comptroller, at its expense, shall preserve a record of all
7
proceedings at the formal hearing of any case. Any notice of
8
hearing, complaint, other documents in the nature of
9
pleadings, written motions filed in the proceedings,
10
transcripts of testimony, report of the hearing officer, and
11
orders of the Comptroller shall be in the record of the
12
proceeding. The Comptroller shall furnish a transcript of the
13
record to any person interested in the hearing upon payment of
14
a reasonable fee.

15

Section 140.
Subpoenas; depositions; oaths.
The
16
Comptroller has the power to subpoena documents, books,
17
records, or other materials and to bring before it any person
18
and to take testimony either orally or by deposition, or both,
19
with the same fees and mileage and in the same manner as
20
prescribed in civil cases in the courts of this State. The
21
Comptroller, the designated hearing officer, or any qualified
22
person the Comptroller may designate has the power to
23
administer oaths to witnesses at any hearing that the
24
Comptroller is authorized to conduct and any other oaths

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1
authorized in any Act administered by the Comptroller. Every
2
person having taken an oath or affirmation in any proceeding
3
or matter wherein an oath is required by this Act, who shall
4
swear willfully, corruptly, and falsely in a matter material
5
to the issue or point in question, or shall suborn any other
6
person to swear as aforesaid, shall be guilty of perjury or
7
subornation of perjury, as the case may be, and shall be
8
punished as provided by State law relative to perjury and
9
subornation of perjury.

10

Section 145.
Findings and recommendations.
At the
11
conclusion of the hearing, the hearing officer shall present
12
to the Comptroller a written report of its findings of fact,
13
conclusions of law, and recommendations. The report shall
14
contain a finding whether or not the accused person violated
15
this Act or its rules or failed to comply with the conditions
16
required in this Act or its rules. The hearing officer shall
17
specify the nature of any violation or failure to comply and
18
shall make recommendations to the Comptroller. In making
19
recommendations for any disciplinary actions, the hearing
20
officer may take into consideration all facts and
21
circumstances bearing upon the reasonableness of the conduct
22
of the accused and the potential for future harm to the public,
23
including, but not limited to, previous discipline of the
24
accused by the Comptroller, intent, degree of harm to the
25
public and likelihood of harm in the future, any restitution

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1
made by the accused, and whether the incident or incidents
2
contained in the complaint appear to be isolated or represent
3
a continuing pattern of conduct. In making its recommendations
4
for discipline, the hearing officer shall endeavor to ensure
5
that the severity of the discipline recommended is reasonably
6
related to the severity of the violation. The report of
7
findings of fact, conclusions of law, and recommendations of
8
the hearing officer shall be the basis for the Comptroller's
9
order refusing to issue, restore, place on probation, fine,
10
suspend, revoke a license, or otherwise discipline a licensee.
11
If the Comptroller disagrees with the recommendations of the
12
hearing officer, the Comptroller may issue an order in
13
contravention of the hearing officer's recommendations. The
14
finding is not admissible in evidence against the person in a
15
criminal prosecution brought for a violation of this Act, but
16
the hearing and finding are not a bar to a criminal prosecution
17
brought for a violation of this Act.

18

Section 150.
Rehearing.
At the conclusion of the hearing,
19
a copy of the hearing officer's report shall be served upon the
20
applicant or licensee by the Comptroller, either personally or
21
as provided in this Act. Within 20 days after service, the
22
applicant or licensee may present to the Comptroller a motion
23
in writing for a rehearing, which shall specify the particular
24
grounds for rehearing. The Comptroller may respond to the
25
motion for rehearing within 20 days after its service on the

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Comptroller. If no motion for rehearing is filed, then upon
2
the expiration of the time specified for filing such a motion,
3
or if a motion for rehearing is denied, then upon denial, the
4
Comptroller may enter an order in accordance with
5
recommendations of the hearing officer except as provided in
6
Section 160.
7

If the applicant or licensee orders from the reporting
8
service and pays for a transcript of the record within the
9
20-day period for filing a motion for rehearing, the 20-day
10
period within which a motion may be filed shall restart upon
11
the delivery of the transcript to the applicant or licensee.

12

Section 155.
Comptroller.
Whenever the Comptroller
13
believes that substantial justice has not been done in the
14
revocation, suspension, or refusal to issue or restore a
15
license or other discipline of an applicant or licensee, he or
16
she may order a rehearing by the same or other hearing
17
officers.

18

Section 160.
Order or certified copy; prima facie proof.
19
An order or certified copy thereof, over the seal of the
20
Comptroller and purporting to be signed by the Comptroller, is
21
prima facie proof that:
22

(1) the signature is the genuine signature of the
23

Comptroller;
24

(2) the Comptroller is duly appointed and qualified;

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and
2

(3) the hearing officer is qualified to act.

3

Section 165.
Civil action and civil penalties.
In addition
4
to the other penalties and remedies provided in this Act, the
5
Comptroller may bring a civil action in the county of
6
residence of the licensee or any other person to enjoin any
7
violation or threatened violation of this Act. In addition to
8
any other penalty provided by law, any person who violates
9
this Act shall forfeit and pay a civil penalty to the
10
Comptroller in an amount not to exceed $5,000 for each
11
violation as determined by the Comptroller. The civil penalty
12
shall be assessed by the Comptroller in accordance with the
13
provisions of this Act.
14

Any civil penalty shall be paid within 60 days after the
15
effective date of the order imposing the civil penalty. The
16
order shall constitute a judgment and may be filed and
17
execution had thereon in the same manner as any judgment from
18
any court of record. All moneys collected under this Section
19
shall be deposited with the Comptroller.

20

Section 170.
Consent order.
At any point in any
21
investigation or disciplinary proceedings as provided in this
22
Act, both parties may agree to a negotiated consent order. The
23
consent order shall be final upon signature of the
24
Comptroller.

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Section 175.
Illinois Administrative Procedure Act;
2
application.
The Illinois Administrative Procedure Act is
3
expressly adopted and incorporated in this Act as if all of the
4
provisions of that Act were included in this Act, except that
5
the provision of paragraph (d) of Section 10-65 of the
6
Illinois Administrative Procedure Act, which provides that at
7
hearings the licensee has the right to show compliance with
8
all lawful requirements for retention or continuation of the
9
license, is specifically excluded. For the purpose of this
10
Act, the notice required under Section 10-25 of the Illinois
11
Administrative Procedure Act is considered sufficient when
12
mailed to the address of record.

13

Section 180.
Summary suspension of a license.
The
14
Comptroller may summarily suspend a license of a licensed
15
natural organic reduction facility without a hearing and
16
simultaneously commence proceedings for a hearing provided for
17
in this Act if the Comptroller finds that evidence in the
18
Comptroller's possession indicates that the licensee's
19
continued practice would constitute an imminent danger to the
20
public. If the Comptroller summarily suspends the license of a
21
licensed natural organic reduction facility without a hearing,
22
a hearing must be commenced within 30 days after the
23
suspension has occurred and concluded as expeditiously as
24
practical. In the event of a summary suspension, the county

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1
coroner or medical examiner responsible for the area where the
2
natural organic reduction facility is located shall make
3
arrangements to dispose of any bodies in the suspended
4
licensee's possession after consulting with the authorizing
5
agents for those bodies.

6

Section 999.
Effective date.
This Act takes effect June 1,
7
2026.

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