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92_HB4696ham001 LRB9213054DJgcam02 1 AMENDMENT TO HOUSE BILL 4696 2 AMENDMENT NO. . Amend House Bill 4696 by replacing 3 the title with the following: 4 "AN ACT in relation to public health."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 5. The Crematory Regulation Act is amended by 8 changing Sections 5, 10, 35, 55, and 60 and by adding 9 Sections 11, 11.5, 12, 13, 14, 19, 22, 62, 62.5, 62.10, 10 62.15, and 62.20 as follows: 11 (410 ILCS 18/5) 12 Sec. 5. Definitions. As used in this Act: 13 "Alternative container" means a receptacle, other than a 14 casket, in which human remains are transported to the 15 crematory and placed in the cremation chamber for cremation. 16 An alternative container shall be (i) composed of readily 17 combustible materials suitable for cremation, (ii) able to be 18 closed in order to provide a complete covering for the human 19 remains, (iii) resistant to leakage or spillage, (iv) rigid 20 enough for handling with ease, and (v) able to provide 21 protection for the health, safety, and personal integrity of -2- LRB9213054DJgcam02 1 crematory personnel. 2 "Authorizing agent" means a person legally entitled to 3 order the cremation and final disposition of specific human 4 remains. 5 "Body parts" means limbs or other portions of the anatomy 6 that are removed from a person or human remains for medical 7 purposes during treatment, surgery, biopsy, autopsy, or 8 medical research; or human bodies or any portion of bodies 9 that have been donated to science for medical research 10 purposes. 11 "Burial transit permit" means a permit for disposition of 12 a dead human body as required by Illinois law. 13 "Casket" means a rigid container that is designed for the 14 encasement of human remains, is usually constructed of wood, 15 metal, or like material and ornamented and lined with fabric, 16 and may or may not be combustible. 17 "Change of ownership" means a transfer of more than 50% 18 of the stock or assets of a crematory authority. 19 "Comptroller" means the Comptroller of the State of 20 Illinois. 21 "Cremated remains" means all human remains recovered 22 after the completion of the cremation, which may possibly 23 include the residue of any foreign matter including casket 24 material, bridgework, or eyeglasses, that was cremated with 25 the human remains. 26 "Cremation" means the technical process, using heat and 27 flame, that reduces human remains to bone fragments. The 28 reduction takes place through heat and evaporation. Cremation 29 shall include the processing, and may include the 30 pulverization, of the bone fragments. 31 "Cremation chamber" means the enclosed space within which 32 the cremation takes place. 33 "Cremation interment container" means a rigid outer 34 container that, subject to a cemetery's rules and -3- LRB9213054DJgcam02 1 regulations, is composed of concrete, steel, fiberglass, or 2 some similar material in which an urn is placed prior to 3 being interred in the ground, and which is designed to 4 withstand prolonged exposure to the elements and to support 5 the earth above the urn. 6 "Cremation room" means the room in which the cremation 7 chamber is located. 8 "Crematory" means the building or portion of a building 9 that houses the cremation room and the holding facility. 10 "Crematory authority" means the legal entityor the11authorized representative of the legal entitywhich is 12 licensedregisteredby the Comptroller to operate a crematory 13 and to perform cremations. 14 "Department" means the Illinois Department of Public 15 Health. 16 "Final disposition" means the burial, cremation, or other 17 disposition of a dead human body or parts of a dead human 18 body. 19 "Funeral director" means a person known by the title of 20 "funeral director", "funeral director and embalmer", or other 21 similar words or titles, licensed by the State to practice 22 funeral directing or funeral directing and embalming. 23 "Funeral establishment" means a building or separate 24 portion of a building having a specific street address and 25 location and devoted to activities relating to the shelter, 26 care, custody, and preparation of a deceased human body and 27 may contain facilities for funeral or wake services. 28 "Holding facility" means an area that (i) is designated 29 for the retention of human remains prior to cremation, (ii) 30 complies with all applicable public health law, (iii) 31 preserves the health and safety of the crematory authority 32 personnel, and (iv) is secure from access by anyone other 33 than authorized persons. A holding facility may be located 34 in a cremation room. -4- LRB9213054DJgcam02 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 "Niche" means a compartment or cubicle for the 5 memorialization and permanent placement of an urn containing 6 cremated remains. 7 "Processing" means the reduction of identifiable bone 8 fragments after the completion of the cremation process to 9 unidentifiable bone fragments by manual or mechanical means. 10 "Pulverization" means the reduction of identifiable bone 11 fragments after the completion of the cremation process to 12 granulated particles by manual or mechanical means. 13 "Scattering area" means an area which may be designated 14 by a cemetery and located on dedicated cemetery property 15 where cremated remains, which have been removed from their 16 container, can be mixed with, or placed on top of, the soil 17 or ground cover. 18 "Temporary container" means a receptacle for cremated 19 remains, usually composed of cardboard, plastic or similar 20 material, that can be closed in a manner that prevents the 21 leakage or spillage of the cremated remains or the entrance 22 of foreign material, and is a single container of sufficient 23 size to hold the cremated remains until an urn is acquired or 24 the cremated remains are scattered. 25 "Urn" means a receptacle designed to encase the cremated 26 remains. 27 (Source: P.A. 87-1187.) 28 (410 ILCS 18/10) 29 Sec. 10. Establishment of crematory and licensing 30registrationof crematory authority. 31 (a) Any person doing business in this State, or any 32 cemetery, funeral establishment, corporation, partnership, 33 joint venture, voluntary organization or any other entity, -5- LRB9213054DJgcam02 1 may erect, maintain, and operate a crematory in this State 2 and provide the necessary appliances and facilities for the 3 cremation of human remains in accordance with this Act. 4 (b) A crematory shall be subject to all local, State, 5 and federal health and environmental protection requirements 6 and shall obtain all necessary licenses and permits from the 7 Department, the federal Department of Health and Human 8 Services, and the Illinois and federal Environmental 9 Protection Agencies, or such other appropriate local, State, 10 or federal agencies. 11 (c) A crematory may be constructed on or adjacent to any 12 cemetery, on or adjacent to any funeral establishment, or at 13 any other location consistent with local zoning regulations. 14 (d) An application for licensureregistrationas a 15 crematory authority shall be in writing on forms furnished by 16 the Comptroller. Applications shall be accompanied by a fee 17 of $50 and shall contain all of the following: 18 (1) The full name and address, both residence and 19 business, of the applicant if the applicant is an 20 individual; the full name and address of every member if 21 the applicant is a partnership; the full name and address 22 of every member of the board of directors if the 23 applicant is an association; and the name and address of 24 every officer, director, and shareholder holding more 25 than 25% of the corporate stock if the applicant is a 26 corporation. 27 (2) The address and location of the crematory. 28 (3) A description of the type of structure and 29 equipment to be used in the operation of the crematory, 30 including the operating permit number issued to the 31 cremation device by the Illinois Environmental Protection 32 Agency. 33 (3.5) Attestation by the owner that cremation 34 services shall be by a person trained in accordance with -6- LRB9213054DJgcam02 1 the requirements of Section 22 of this Act. 2 (3.10) A copy of the certification or 3 certifications issued by the certification program to the 4 person or persons who will operate the cremation device. 5 (4) Any further information that the Comptroller 6 reasonably may require. 7 (e) Each crematory authority shall file an annual report 8 with the Comptroller, accompanied with a $25 fee, providing 9 (i) an affidavit signed by the owner of the crematory 10 authority that at the time of the report the cremation device 11 was in proper operating condition, (ii) the total number of 12 all cremations performed at the crematory during the past 13 year, (iii) attestation by the licensee that all applicable 14 permits and certifications are valid, and (iv) either (A) any 15 changes required in the information provided under subsection 16 (d) or (B) an indicationindicatingthat no changes have 17 occurred. The annual report shall be filed by a crematory 18 authority on or before March 15 of each calendar year, in the 19 Office of the Comptroller. If the fiscal year of a crematory 20 authority is other than on a calendar year basis, then the 21 crematory authority shall file the report required by this 22 Section within 75 days after the end of its fiscal year. The 23 Comptroller shall, for good cause shown, grant an extension 24 for the filing of the annual report upon the written request 25 of the crematory authority. An extension shall not exceed 60 26 days. If a crematory authority fails to submit an annual 27 report to the Comptroller within the time specified in this 28 Section, the Comptroller shall impose upon the crematory 29 authority a penalty of $5 for each and every day the 30 crematory authority remains delinquent in submitting the 31 annual report. The Comptroller may abate all or part of the 32 $5 daily penalty for good cause shown. 33 (f) All records required to be maintained under this 34 Act, including but not limited to those relating to the -7- LRB9213054DJgcam02 1 licenseregistrationand annual report of the crematory 2 authority required to be filed under this Section, shall be 3 subject to inspection by the Comptroller upon reasonable 4 notice. 5 (g) The Comptroller may inspect crematory records at the 6 crematory authority's place of business to review the 7 licensee's compliance with this Act. The inspection must 8 include verification that: 9 (1) the crematory authority has complied with 10 record-keeping requirements of this Act; 11 (2) a crematory device operator's certification of 12 training is conspicuously displayed at the crematory; 13 (3) the cremation device has a current operating 14 permit issued by the Illinois Environmental Protection 15 Agency and the permit is conspicuously displayed in the 16 crematory; 17 (4) the crematory authority is in compliance with 18 local zoning requirements; and 19 (5) the crematory authority license issued by the 20 Comptroller is conspicuously displayed at the crematory. 21 (h) The Comptroller shall issue licenses under this Act 22 to the crematories that are registered with the Comptroller 23 as of July 1, 2003 without requiring the previously 24 registered crematories to complete license applications. 25 (Source: P.A. 92-419, eff. 1-1-02.) 26 (410 ILCS 18/11 new) 27 Sec. 11. Grounds for refusal of license or suspension or 28 revocation of license. 29 (a) In this Section, "applicant" means a person who has 30 applied for a license under this Act. 31 (b) The Comptroller may refuse to issue a license under 32 this Act, or may suspend or revoke a license issued under 33 this Act, on any of the following grounds: -8- LRB9213054DJgcam02 1 (1) The applicant or licensee has made any 2 misrepresentation or false statement or concealed any 3 material fact in connection with a license application or 4 licensure under this Act. 5 (2) The applicant or licensee has been engaged in 6 business practices that work a fraud. 7 (3) The applicant or licensee has refused to give 8 information required under this Act to be disclosed to 9 the Comptroller. 10 (4) The applicant or licensee has conducted or is 11 about to conduct cremation business in a fraudulent 12 manner. 13 (5) As to any individual listed in the license 14 application as required under Section 10, that individual 15 has conducted or is about to conduct any cremation 16 business on behalf of the applicant in a fraudulent 17 manner or has been convicted of any felony or misdemeanor 18 an essential element of which is fraud. 19 (6) The applicant or licensee has failed to make 20 the annual report required by this Act or to comply with 21 a final order, decision, or finding of the Comptroller 22 made under this Act. 23 (7) The applicant or licensee, including any 24 member, officer, or director of the applicant or licensee 25 if the applicant or licensee is a firm, partnership, 26 association, or corporation and including any shareholder 27 holding more than 25% of the corporate stock of the 28 applicant or licensee, has violated any provision of this 29 Act or any regulation or order made by the Comptroller 30 under this Act. 31 (8) The Comptroller finds any fact or condition 32 existing that, if it had existed at the time of the 33 original application for a license under this Act, would 34 have warranted the Comptroller in refusing the issuance -9- LRB9213054DJgcam02 1 of the license. 2 (410 ILCS 18/11.5 new) 3 Sec. 11.5. License revocation or suspension; surrender of 4 license. 5 (a) Upon determining that grounds exist for the 6 revocation or suspension of a license issued under this Act, 7 the Comptroller, if appropriate, may revoke or suspend the 8 license issued to the licensee. 9 (b) Upon the revocation or suspension of a license 10 issued under this Act, the licensee must immediately 11 surrender the license to the Comptroller. If the licensee 12 fails to do so, the Comptroller may seize the license. 13 (410 ILCS 18/12 new) 14 Sec. 12. Surrender of license; effect on licensee's 15 liability. A licensee may surrender a license issued under 16 this Act by delivering to the Comptroller a written notice 17 stating that the licensee thereby surrenders the license, but 18 such a surrender does not affect the licensee's civil or 19 criminal liability for acts committed before the surrender. 20 (410 ILCS 18/13 new) 21 Sec. 13. License; display; transfer; duration. 22 (a) Every license issued under this Act must state the 23 number of the license, the business name and address of the 24 licensee's principal place of business, and the licensee's 25 parent company, if any. The license must be conspicuously 26 posted in the place of business operating under the license. 27 (b) No license is transferable or assignable without the 28 express written consent of the Comptroller. A transfer of 29 more than 50% of the ownership of any business licensed under 30 this Act shall be deemed to be an attempted assignment of the 31 license originally issued to the licensee for whom consent of -10- LRB9213054DJgcam02 1 the Comptroller is required. 2 (c) Every license issued under this Act shall remain in 3 force until it has been surrendered, suspended, or revoked in 4 accordance with this Act. Upon the request of an interested 5 person or on the Comptroller's own motion, the Comptroller 6 may issue a new license to a licensee whose license has been 7 revoked under this Act if no factor or condition then exists 8 which would have warranted the Comptroller in originally 9 refusing the issuance of the license. 10 (410 ILCS 18/14 new) 11 Sec. 14. Display of cremation device permit. A crematory 12 authority must conspicuously display in its place of business 13 the operating permit issued to its cremation device by the 14 Illinois Environmental Protection Agency. All rulemaking 15 authority in connection with such operating permits shall be 16 vested with the Illinois Environmental Protection Agency. 17 (410 ILCS 18/19 new) 18 Sec. 19. Cremation only in crematory. An individual or a 19 person, cemetery, funeral establishment, corporation, 20 partnership, joint venture, voluntary organization, or other 21 entity may cremate human remains only in a crematory operated 22 by a crematory authority licensed for this purpose and only 23 under the limitations provided in this Act. 24 (410 ILCS 18/22 new) 25 Sec. 22. Performance of cremation service; training. A 26 person may not perform a cremation service in this State 27 unless he or she has completed training in performing 28 cremation services and received certification by a program 29 recognized by the Comptroller. The crematory authority must 30 conspicuously display the certification at the crematory 31 authority's place of business. Any new employee shall have a -11- LRB9213054DJgcam02 1 reasonable time period, not to exceed one year, to attend a 2 recognized training program. In the interim, the new 3 employee may perform a cremation service if he or she has 4 received training from another person who has received 5 certification by a program recognized by the Comptroller. For 6 purposes of this Act, the Comptroller shall recognize any 7 training program that provides training in the operation of a 8 cremation device, in the maintenance of a clean facility, and 9 in the proper handling of human remains. The Comptroller 10 shall recognize any course that is conducted by a death care 11 trade association in Illinois or the United States or by a 12 manufacturer of a cremation unit that is consistent with the 13 standards provided in this Act. 14 (410 ILCS 18/35) 15 Sec. 35. Cremation procedures. 16 (a) Human remains shall not be cremated within 24 hours 17 after the time of death, as indicated on the Medical 18 Examiner's/Coroner's Certificate of Death. In any death, the 19 human remains shall not be cremated by the crematory 20 authority until a cremation permit has been received from 21 the coroner or medical examiner of the county in which the 22 death occurred and the crematory authority has received a 23 cremation authorization form, executed by an authorizing 24 agent, in accordance with the provisions of Section 15 of 25 this Act. In no instance, however, shall the lapse of time 26 between the death and the cremation be less than 24 hours, 27 unless (i) it is known the deceased has an infectious or 28 dangerous disease and that the time requirement is waived in 29 writing by the medical examiner or coroner where the death 30 occurred or (ii) because of a religious requirement. 31 (b) Except as set forth in subsection (a) of this 32 Section, a crematory authority shall have the right to 33 schedule the actual cremation to be performed at its own -12- LRB9213054DJgcam02 1 convenience, at any time after the human remains have been 2 delivered to the crematory authority, unless the crematory 3 authority has received specific instructions to the contrary 4 on the cremation authorization form. 5 (c) No crematory authority shall cremate human remains 6 when it has actual knowledge that human remains contain a 7 pacemaker or any other material or implant that may be 8 potentially hazardous to the person performing the 9 cremation. 10 (d) No crematory authority shall refuse to accept human 11 remains for cremation because such human remains are not 12 embalmed. 13 (e) Whenever a crematory authority is unable or 14 unauthorized to cremate human remains immediately upon taking 15 custody of the remains, the crematory authority shall place 16 the human remains in a holding facility in accordance with 17 the crematory authority's rules and regulations. The 18 crematory authority must notify the authorizing agent of the 19 reasons for delay in cremation if a properly authorized 20 cremation is not performed within any time period expressly 21 contemplated in the authorization. 22 (f) A crematory authority shall not accept a casket or 23 alternative container from which there is any evidence of the 24 leakage of body fluids. 25 (g) The casket or the alternative container shall be 26 cremated with the human remains or destroyed, unless the 27 crematory authority has notified the authorizing agent to the 28 contrary on the cremation authorization form and obtained the 29 written consent of the authorizing agent. 30 (h) The simultaneous cremation of the human remains of 31 more than one person within the same cremation chamber, 32 without the prior written consent of the authorizing agent, 33 is prohibited. Nothing in this subsection, however, shall 34 prevent the simultaneous cremation within the same cremation -13- LRB9213054DJgcam02 1 chamber of body parts delivered to the crematory authority 2 from multiple sources, or the use of cremation equipment that 3 contains more than one cremation chamber. 4 (i) No unauthorized person shall be permitted in the 5 holding facility or cremation room while any human remains 6 are being held there awaiting cremation, being cremated, or 7 being removed from the cremation chamber. 8 (j) A crematory authority shall not remove any dental 9 gold, body parts, organs, or any item of value prior to or 10 subsequent to a cremation without previously having received 11 specific written authorization from the authorizing agent and 12 written instructions for the delivery of these items to the 13 authorizing agent. Under no circumstances shall a crematory 14 authority profit from making or assisting in any removal of 15 valuables. 16 (k) Upon the completion of each cremation, and insofar 17 as is practicable, all of the recoverable residue of the 18 cremation process shall be removed from the cremation 19 chamber. 20 (l) If all of the recovered cremated remains will not 21 fit within the receptacle that has been selected, the 22 remainder of the cremated remains shall be returned to the 23 authorizing agent or the agent's designee in a separate 24 container. The crematory authority shall not return to an 25 authorizing agent or the agent's designee more or less 26 cremated remains than were removed from the cremation 27 chamber. 28 (m) A crematory authority shall not knowingly represent 29 to an authorizing agent or the agent's designee that a 30 temporary container or urn contains the cremated remains of a 31 specific decedent when it does not. 32 (n) Cremated remains shall be shipped only by a method 33 that has an internal tracing system available and that 34 provides a receipt signed by the person accepting delivery. -14- LRB9213054DJgcam02 1 (o) A crematory 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 4 all phases of the cremation process. 5 (Source: P.A. 87-1187.) 6 (410 ILCS 18/55) 7 Sec. 55. Penalties. 8 Violations of this Act shall be punishable as follows: 9 (1) Performing a cremation without receipt of a 10 cremation authorization form signed by an authorizing 11 agent shall be a Class 4 felony. 12 (2) Signing a cremation authorization form with the 13 actual knowledge that the form contains false or 14 incorrect information shall be a Class 4 felony. 15 (3) A Violation of any cremation procedure set 16 forth in Section 35 shall be a Class 4 felony. 17 (4) Holding oneself out to the public as a 18 crematory authority, or the operation of a building or 19 structure within this State as a crematory, without being 20 licensedregisteredunder this Act, shall be a Class A 21 misdemeanor. 22 (4.5) Performance of a cremation service by a 23 person who has not completed a training program as 24 defined in Section 22 of this Act shall be a Class A 25 misdemeanor. 26 (4.10) Any person who intentionally violates a 27 provision of this Act or a final order of the Comptroller 28 is liable for a civil penalty not to exceed $5,000 per 29 violation. 30 (4.15) Any person who knowingly acts without proper 31 legal authority and who willfully and knowingly destroys 32 or damages the remains of a deceased human being or who 33 desecrates human remains is guilty of a Class 3 felony. -15- LRB9213054DJgcam02 1 (5) A violation of any other provision of this Act 2 shall be a Class B misdemeanor. 3 (Source: P.A. 87-1187.) 4 (410 ILCS 18/60) 5 Sec. 60. Failure to file annual report. Whenever a 6 crematory authority refuses or neglects to file its annual 7 report in violation of Section 10 of this Act, or fails to 8 otherwise comply with theregistration or inspection9 requirements ofSection 10 ofthis Act, the Comptroller may 10 commence an administrative proceeding as authorized by this 11 Act or mayshallcommunicate the facts to the Attorney 12 General of the State of Illinois who shall thereupon 13 institute such proceedings against the crematory authority or 14 its officers as the nature of the case may require. 15 (Source: P.A. 87-1187.) 16 (410 ILCS 18/62 new) 17 Sec. 62. Investigation of unlawful practices. If the 18 Comptroller has good cause to believe that a person has 19 engaged in, is engaging in, or is about to engage in any 20 practice in violation of this Act, the Comptroller may do any 21 one or more of the following: 22 (1) Require that person to file, on terms the 23 Comptroller prescribes, a statement or report in writing, 24 under oath or otherwise, containing all information that 25 the Comptroller considers necessary to ascertain whether 26 a licensee is in compliance with this Act, or whether an 27 unlicensed person is engaging in activities for which a 28 license is required under this Act. 29 (2) Examine under oath any person in connection 30 with the books and records required to be maintained 31 under this Act. 32 (3) Examine any books and records of a licensee -16- LRB9213054DJgcam02 1 that the Comptroller considers necessary to ascertain 2 compliance with this Act. 3 (4) Require the production of a copy of any record, 4 book, document, account, or paper that is produced in 5 accordance with this Act and retain it in the 6 Comptroller's possession until the completion of all 7 proceedings in connection with which it is produced. 8 (410 ILCS 18/62.5 new) 9 Sec. 62.5. Service of notice. Service by the Comptroller 10 of any notice requiring a person to file a statement or 11 report under this Act shall be made: (1) personally by 12 delivery of a duly executed copy of the notice to the person 13 to be served or, if that person is not a natural person, in 14 the manner provided in the Civil Practice Law when a 15 complaint is filed; or (2) by mailing by certified mail a 16 duly executed copy of the notice to the person to be served 17 at his or her last known abode or principal place of business 18 within this State. 19 (410 ILCS 18/62.10 new) 20 Sec. 62.10. Investigation of actions; hearing. 21 (a) The Comptroller shall make an investigation upon 22 discovering facts that, if proved, would constitute grounds 23 for refusal, suspension, or revocation of a license under 24 this Act. 25 (b) Before refusing to issue, and before suspending or 26 revoking, a license under this Act, the Comptroller shall 27 hold a hearing to determine whether the applicant for a 28 license or the licensee ("the respondent") is entitled to 29 hold such a license. At least 10 days before the date set for 30 the hearing, the Comptroller shall notify the respondent in 31 writing that (i) on the designated date a hearing will be 32 held to determine the respondent's eligibility for a license -17- LRB9213054DJgcam02 1 and (ii) the respondent may appear in person or by counsel. 2 The written notice may be served on the respondent 3 personally, or by registered or certified mail sent to the 4 respondent's business address as shown in the respondent's 5 latest notification to the Comptroller. The notice must 6 include sufficient information to inform the respondent of 7 the general nature of the reason for the Comptroller's 8 action. 9 (c) At the hearing, both the respondent and the 10 complainant shall be accorded ample opportunity to present in 11 person or by counsel such statements, testimony, evidence, 12 and argument as may be pertinent to the charge or to any 13 defense to the charge. The Comptroller may reasonably 14 continue the hearing from time to time. The Comptroller may 15 subpoena any person or persons in this State and take 16 testimony orally, by deposition, or by exhibit, in the same 17 manner and with the same fees and mileage as prescribed in 18 judicial proceedings in civil cases. Any authorized agent of 19 the Comptroller may administer oaths to witnesses at any 20 hearing that the Comptroller is authorized to conduct. 21 (d) The Comptroller, at the Comptroller's expense, shall 22 provide a certified shorthand reporter to take down the 23 testimony and preserve a record of every proceeding at the 24 hearing of any case involving the refusal to issue a license 25 under this Act, the suspension or revocation of such a 26 license, the imposition of a monetary penalty, or the 27 referral of a case for criminal prosecution. The record of 28 any such proceeding shall consist of the notice of hearing, 29 the complaint, all other documents in the nature of pleadings 30 and written motions filed in the proceeding, the transcript 31 of testimony, and the report and orders of the Comptroller. 32 Copies of the transcript of the record may be purchased from 33 the certified shorthand reporter who prepared the record or 34 from the Comptroller. -18- LRB9213054DJgcam02 1 (410 ILCS 18/62.15 new) 2 Sec. 62.15. Court order. Upon the application of the 3 Comptroller or of the applicant or licensee against whom 4 proceedings under Section 62.10 are pending, any circuit 5 court may enter an order requiring witnesses to attend and 6 testify and requiring the production of documents, papers, 7 files, books, and records in connection with any hearing in 8 any proceeding under that Section. Failure to obey such a 9 court order may result in contempt proceedings. 10 (410 ILCS 18/62.20 new) 11 Sec. 62.20. Judicial review. 12 (a) Any person affected by a final administrative 13 decision of the Comptroller under this Act may have the 14 decision reviewed judicially by the circuit court of the 15 county where the person resides or, in the case of a 16 corporation, where the corporation's registered office is 17 located. If the plaintiff in the judicial review proceeding 18 is not a resident of this State, venue shall be in Sangamon 19 County. The provisions of the Administrative Review Law and 20 any rules adopted under it govern all proceedings for the 21 judicial review of final administrative decisions of the 22 Comptroller under this Act. The term "administrative 23 decision" is defined as in the Administrative Review Law. 24 (b) The Comptroller is not required to certify the 25 record of the proceeding unless the plaintiff in the review 26 proceeding has purchased a copy of the transcript from the 27 certified shorthand reporter who prepared the record or from 28 the Comptroller. Exhibits shall be certified without cost. 29 Section 99. Effective date. This Act takes effect on 30 July 1, 2003.".