Bill Amendment: IL HB3413 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DNR-REMAINS-NATIVE AMERICANS
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0446 [HB3413 Detail]
Download: Illinois-2023-HB3413-House_Amendment_001.html
Bill Title: DNR-REMAINS-NATIVE AMERICANS
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0446 [HB3413 Detail]
Download: Illinois-2023-HB3413-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3413
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2 | AMENDMENT NO. ______. Amend House Bill 3413 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Archaeological and Paleontological | ||||||
5 | Resources Protection Act is amended by changing Sections .02 | ||||||
6 | and 5 as follows:
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7 | (20 ILCS 3435/.02) (from Ch. 127, par. 133c.02)
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8 | Sec. .02. For purposes of this Act:
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9 | (a) "Archaeological resource" means any significant | ||||||
10 | material remains or
localities of past human life or | ||||||
11 | activities on public land, including but
not limited to | ||||||
12 | artifacts, historic and prehistoric human skeletal remains,
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13 | mounds, earthworks, shipwrecks, forts, village sites or mines.
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14 | (b) "Disturb" includes defacing, mutilating, injuring, | ||||||
15 | exposing,
removing, destroying, desecrating or molesting in | ||||||
16 | any way.
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1 | (c) "Paleontological resource" means any significant | ||||||
2 | fossil or material
remains on public lands including traces or | ||||||
3 | impressions of animals or
plants that occur as part of the | ||||||
4 | geological record that are known and are
included in the files | ||||||
5 | maintained by the Illinois State Museum under Section 10.
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6 | (d) "Person" means any natural individual, firm, trust, | ||||||
7 | estate,
partnership, association, joint stock company, joint | ||||||
8 | venture, corporation
or a receiver, trustee, guardian or other | ||||||
9 | representative appointed by order
of any court, the federal | ||||||
10 | and State governments, including State
universities created by | ||||||
11 | statute or any city, town, county or other
political | ||||||
12 | subdivision of this State.
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13 | (e) "Public land" means any land owned, but does not | ||||||
14 | include land leased
as lessee, by the State of Illinois or its | ||||||
15 | agencies, a State university
created by statute, a | ||||||
16 | municipality or a unit of local government.
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17 | (Source: P.A. 86-459; 86-707.)
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18 | (20 ILCS 3435/5) (from Ch. 127, par. 133c5)
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19 | Sec. 5.
Any violation of Section 3 not involving the | ||||||
20 | disturbance of
human skeletal remains is a Class A misdemeanor | ||||||
21 | and the violator
shall be subject to imprisonment and a fine | ||||||
22 | not in excess of $5,000; any
subsequent violation is a Class 4 | ||||||
23 | felony. Any violation of Section 3
involving disturbance of | ||||||
24 | human skeletal remains is a Class 4 felony. Each
disturbance | ||||||
25 | of an archaeological site or a paleontological site shall
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1 | constitute a single offense. Persons convicted of a violation | ||||||
2 | of Section 3
shall also be liable for civil damages to be | ||||||
3 | assessed by the land managing
agency and the Department of | ||||||
4 | Natural Resources. Civil damages may include:
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5 | (a) forfeiture of any and all equipment used in | ||||||
6 | acquiring the protected
material;
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7 | (b) any and all costs incurred in cleaning, restoring, | ||||||
8 | analyzing,
accessioning and curating the recovered | ||||||
9 | materials;
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10 | (c) any and all costs associated with restoring the | ||||||
11 | land to its
original contour;
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12 | (d) any and all costs associated with recovery of data | ||||||
13 | and analyzing,
publishing, accessioning and curating | ||||||
14 | materials when the
prohibited activity is so extensive as | ||||||
15 | to preclude the restoration of the
archaeological or | ||||||
16 | paleontological site;
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17 | (e) any and all costs associated with the | ||||||
18 | determination and collection
of the civil damages.
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19 | When civil damages are recovered through the Attorney | ||||||
20 | General, the
proceeds shall be deposited into the Historic | ||||||
21 | Sites Fund; when civil
damages are recovered through the | ||||||
22 | State's Attorney, the proceeds shall be
deposited into the | ||||||
23 | county fund designated by the county board.
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24 | (Source: P.A. 100-695, eff. 8-3-18.)
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25 | Section 10. The Human Skeletal Remains Protection Act is |
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1 | amended by changing Sections 0.01, 1, 3, 4, 4.5, 5, 6, 7, 8, 9, | ||||||
2 | 10, 12, 13, 14, 15, and 16 and by adding Sections 3.5, 17, and | ||||||
3 | 18 as follows:
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4 | (20 ILCS 3440/0.01) (from Ch. 127, par. 2660)
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5 | Sec. 0.01. Short title. This Act may be cited as the
Human | ||||||
6 | Skeletal Remains Protection Act.
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7 | (Source: P.A. 86-1324.)
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8 | (20 ILCS 3440/1) (from Ch. 127, par. 2661)
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9 | Sec. 1. Definitions. For the purposes of this Act:
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10 | (a) "Human skeletal remains" include the bones and | ||||||
11 | decomposed fleshy
parts of a deceased human body.
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12 | (b) "Unregistered graves" are any graves or locations | ||||||
13 | where a human body
has been buried or deposited; is over 100 | ||||||
14 | years old; and is not in a
cemetery registered with or licensed | ||||||
15 | by the State Comptroller under the Cemetery Care Act or under | ||||||
16 | the authority of the Illinois Department of Financial and | ||||||
17 | Professional Regulation pursuant to the Cemetery Oversight | ||||||
18 | Act, whichever is applicable.
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19 | (c) "Grave artifacts" are any item of human manufacture or | ||||||
20 | use that is
associated with the human skeletal remains in an | ||||||
21 | unregistered grave.
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22 | (d) "Grave markers" are any tomb, monument, stone, | ||||||
23 | ornament, mound, or
other item of human manufacture that is | ||||||
24 | associated with an unregistered grave.
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1 | (e) "Person" means any natural individual, firm, trust, | ||||||
2 | estate,
partnership, association, joint stock company, joint | ||||||
3 | venture, corporation
or a receiver, trustee, guardian or other | ||||||
4 | representatives appointed by
order of any court, the Federal | ||||||
5 | and State governments, including State
Universities created by | ||||||
6 | statute or any city, town, county or other political
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7 | subdivision of this State.
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8 | (f) "Disturb" includes excavating, removing, exposing, | ||||||
9 | defacing,
mutilating, destroying, molesting, or desecrating in | ||||||
10 | any
way human skeletal remains, unregistered graves, and grave | ||||||
11 | markers.
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12 | (g) "Consultation" means a formal, two-way, | ||||||
13 | government-to-government dialogue between official | ||||||
14 | representatives of federally recognized tribes and the United | ||||||
15 | States Department of Interior to discuss federal proposals | ||||||
16 | before the United States Department of the Interior makes | ||||||
17 | decisions on those proposals. The United States Department of | ||||||
18 | the Interior, the Department of Natural Resources, and the | ||||||
19 | Illinois State Museum shall provide sufficient notice to | ||||||
20 | appropriate federally recognized tribal leaders of upcoming | ||||||
21 | consultation sessions and, following the consultations | ||||||
22 | sessions, report to those tribal leaders how the final | ||||||
23 | decision incorporates tribal input. | ||||||
24 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
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25 | (20 ILCS 3440/3) (from Ch. 127, par. 2663)
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1 | Sec. 3. Notification to coroner. Any person who discovers | ||||||
2 | human skeletal remains subject to
this Act shall promptly | ||||||
3 | notify the coroner within 48 hours . Any person who knowingly | ||||||
4 | fails
to report such a discovery within 48 hours is guilty of a | ||||||
5 | Class C
misdemeanor, unless such person has reasonable cause | ||||||
6 | to believe that the
coroner had already been so notified. If | ||||||
7 | the human skeletal remains appear
to be from an unregistered | ||||||
8 | grave, the coroner shall promptly notify the Department of | ||||||
9 | Natural Resources
prior to their removal. Nothing in this Act
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10 | shall supersede applicable federal law, including the Native | ||||||
11 | American Graves Protection and Repatriation Act of 1990 and | ||||||
12 | the National Historic Preservation Act of 1966 shall be | ||||||
13 | construed to apply to human skeletal remains subject to "An | ||||||
14 | Act to
revise the law in relation to coroners" .
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15 | (Source: P.A. 100-695, eff. 8-3-18.)
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16 | (20 ILCS 3440/3.5 new) | ||||||
17 | Sec. 3.5. Native American Review Group. The State of | ||||||
18 | Illinois presents a unique situation in that it has not | ||||||
19 | maintained meaningful consulting relationships with tribal | ||||||
20 | nations aboriginal to the land now known as the State of | ||||||
21 | Illinois. Without meaningful relationships between the State | ||||||
22 | of Illinois and tribal nations, there has been harm caused to | ||||||
23 | tribal nations and trust needs to be rebuilt as the State works | ||||||
24 | to correct those harmful mistakes. As tribal nations | ||||||
25 | strengthen their histories, it is of utmost importance to |
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1 | uphold federal law and policy in relation to the sovereign | ||||||
2 | status of tribes. For the purpose of this Act, federal laws | ||||||
3 | related to Native Americans, including the Native American | ||||||
4 | Graves Protection and Repatriation Act of 1990 and the | ||||||
5 | National Historic Preservation Act of 1966, shall take | ||||||
6 | precedence over State law. Despite the State of Illinois' long | ||||||
7 | history of removing tribal nations, this Act requires that a | ||||||
8 | project that may affect a historical property of religious and | ||||||
9 | cultural significance to the affected tribe or tribes be | ||||||
10 | subject to consultation and review from the Native American | ||||||
11 | Review Group at the Illinois State Museum. Historical | ||||||
12 | properties of religious and ceremonial significance include: | ||||||
13 | archeological sites, burial grounds, mounds, sacred landscapes | ||||||
14 | or features, plant and animal communities, and buildings and | ||||||
15 | structures with significant tribal association. The types of | ||||||
16 | activities that may affect properties of religious and | ||||||
17 | cultural significance include: ground disturbance (digging); | ||||||
18 | new construction in underdeveloped natural areas; introduction | ||||||
19 | of incongruent visual, audible, or atmospheric changes; work | ||||||
20 | on a building with significant tribal association; and | ||||||
21 | transfer, lease, or sale of properties of the types listed. | ||||||
22 | The Native American Review Group shall be appointed by the | ||||||
23 | Director of Natural Resources and shall consist of at least | ||||||
24 | one tribal representative from each one of the over 30 tribal | ||||||
25 | nations that have been identified as having historical | ||||||
26 | presence in Illinois. These representatives shall be a tribal |
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1 | chairperson, tribal historic preservation officer, or | ||||||
2 | designated official for the respective tribe. The Native | ||||||
3 | American Review Group shall be notified immediately and all | ||||||
4 | activity on the property shall immediately cease if: (1) | ||||||
5 | remains are found; (2) any property with religious and | ||||||
6 | cultural significance will be disturbed; and (3) any property | ||||||
7 | with religious and cultural significance is accidentally | ||||||
8 | disturbed. This group shall convene and review any request | ||||||
9 | made to the Department of Natural Resources for a land permit. | ||||||
10 | The Department of Natural Resources may issue a land permit | ||||||
11 | only after the Native American Review Group has reviewed the | ||||||
12 | proposal and approved the request or provided revisions to the | ||||||
13 | request.
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14 | (20 ILCS 3440/4) (from Ch. 127, par. 2664)
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15 | Sec. 4. Human burial sites; knowingly disturbing human | ||||||
16 | skeletal remains; penalty; permit. It is unlawful for any | ||||||
17 | person, either by oneself himself or through
an agent, to | ||||||
18 | knowingly disturb human skeletal remains , grave markers, and | ||||||
19 | grave artifacts
in unregistered graves protected by this Act | ||||||
20 | unless such person obtains a
permit issued by the Department | ||||||
21 | of Natural Resources. Any person who violates this Section | ||||||
22 | commits a Class 4 felony. When grave disturbances must occur a | ||||||
23 | land permit must be obtained from the Department of Natural | ||||||
24 | Resources. When a land permit request is received, the | ||||||
25 | Department of Natural Resources shall immediately contact the |
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1 | Director of Tribal Relations at the Illinois State Museum who | ||||||
2 | shall immediately engage the Native American Review Group who | ||||||
3 | shall approve or deny the request.
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4 | (Source: P.A. 100-695, eff. 8-3-18.)
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5 | (20 ILCS 3440/4.5)
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6 | Sec. 4.5. O'Hare Modernization. | ||||||
7 | The O'Hare Modernization Act shall be subject to this Act | ||||||
8 | and all provisions of the Native American Graves Protection | ||||||
9 | and Repatriation Act of 1990. Any future O'Hare developments | ||||||
10 | must be reviewed and approved by the Native American Review | ||||||
11 | Group. Nothing in this Act limits the authority
of the City of | ||||||
12 | Chicago to exercise its powers under the O'Hare Modernization
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13 | Act or requires that City, or any person acting on behalf of | ||||||
14 | that City, to
obtain a permit under this Act when acquiring | ||||||
15 | property or otherwise exercising
its powers under the O'Hare | ||||||
16 | Modernization Act.
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17 | (Source: P.A. 93-450, eff. 8-6-03.)
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18 | (20 ILCS 3440/5) (from Ch. 127, par. 2665)
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19 | Sec. 5. Human burial sites; appropriation for sale; | ||||||
20 | penalty. It is unlawful for any person, either by himself or | ||||||
21 | through
an agent, to recklessly appropriate for profit, use | ||||||
22 | for profit, sell, purchase, or transport for sale or profit | ||||||
23 | any human remains, grave artifacts, or grave markers. A person | ||||||
24 | who violates this Section commits a Class A misdemeanor for a |
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1 | first violation and a Class 4 felony for a second or subsequent | ||||||
2 | violation knowingly disturb a grave marker protected by this | ||||||
3 | Act unless
such person obtains a permit issued by the | ||||||
4 | Department of Natural Resources .
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5 | (Source: P.A. 100-695, eff. 8-3-18.)
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6 | (20 ILCS 3440/6) (from Ch. 127, par. 2666)
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7 | Sec. 6. Human burial sites; unknowingly disturb; actions; | ||||||
8 | permits. Due to the need for infrastructure repair, renovation | ||||||
9 | and improvement, it is highly likely that an unregistered | ||||||
10 | grave, human remains, or grave marker could be disturbed. In | ||||||
11 | such cases, any and all work must immediately cease. Within 48 | ||||||
12 | hours the Department of Natural Resources must be notified and | ||||||
13 | the formal Section 106 consultation process with Native | ||||||
14 | American nations, as provided in the National Historic | ||||||
15 | Preservation Act of 1966, must take place before any work can | ||||||
16 | resume. For work to proceed, a land permit must be issued by | ||||||
17 | the Department of Natural Resources after appropriate tribal | ||||||
18 | review and consultation has been completed. A person who | ||||||
19 | violates this Section commits a Class A misdemeanor for a | ||||||
20 | first violation and a Class 4 felony for a second or subsequent | ||||||
21 | violation. It is unlawful for any person, either by himself or | ||||||
22 | through
an agent, to offer any human skeletal remains, grave | ||||||
23 | artifacts or grave
markers for sale or exchange with the | ||||||
24 | knowledge that they have been
collected or excavated in | ||||||
25 | violation of this Act.
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1 | (Source: P.A. 86-151.)
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2 | (20 ILCS 3440/7) (from Ch. 127, par. 2667)
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3 | Sec. 7. Human burial sites-knowingly disturb private | ||||||
4 | property, permitting, penalties. It is unlawful for any | ||||||
5 | person, either by himself or through
an agent, to knowingly | ||||||
6 | allow the disturbance of human skeletal remains,
unregistered | ||||||
7 | graves, grave artifacts or grave markers on property | ||||||
8 | controlled by that person
unless such disturbance is | ||||||
9 | authorized by a permit issued by the Historic
Preservation | ||||||
10 | Agency. A person who violates this Section commits a Class A | ||||||
11 | misdemeanor for a first violation and a Class 4 felony for a | ||||||
12 | second or subsequent violation. When grave disturbances must | ||||||
13 | occur a land permit must be obtained from the Department of | ||||||
14 | Natural Resources. When a land permit request is received, the | ||||||
15 | Department of Natural Resources shall immediately contact the | ||||||
16 | Director of Tribal Relations at the Illinois State Museum who | ||||||
17 | shall immediately engage the Native American Review Group who | ||||||
18 | shall approve or deny the request.
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19 | (Source: P.A. 86-151.)
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20 | (20 ILCS 3440/8) (from Ch. 127, par. 2668)
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21 | Sec. 8. Criminal prosecutions for violations of Act. The | ||||||
22 | State's Attorney of the county in which a
violation of Section | ||||||
23 | 4, 5, 6, 7, or 8 Sections 4, 5, 6, or 7 of this Act is alleged | ||||||
24 | to
have occurred, or the Attorney General, may be requested by
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1 | the Department Director of Natural Resources to initiate
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2 | criminal prosecutions or to seek civil damages, injunctive
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3 | relief and any other appropriate relief. The Department of | ||||||
4 | Natural Resources shall co-operate with the State's Attorney
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5 | or the Attorney General. Persons aware of any violations of
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6 | this Act shall contact the Department of Natural Resources.
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7 | (Source: P.A. 100-695, eff. 8-3-18.)
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8 | (20 ILCS 3440/9) (from Ch. 127, par. 2669)
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9 | Sec. 9. Reward for information leading to arrest and | ||||||
10 | conviction of offenders. The Department of Natural Resources | ||||||
11 | is authorized to offer a
reward of up to $5,000 $2000 for | ||||||
12 | information leading to the arrest and
conviction of persons | ||||||
13 | who violate Section 4, 5, 6, 7, or 8 Sections 4, 5, 6, and 7 of | ||||||
14 | this Act.
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15 | (Source: P.A. 100-695, eff. 8-3-18.)
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16 | (20 ILCS 3440/10) (from Ch. 127, par. 2670)
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17 | Sec. 10. Registry of offenders. The Department of Natural | ||||||
18 | Resources shall create a registry of offenders who violate | ||||||
19 | this Act and shall impose additional penalties on repeat | ||||||
20 | offenders Any violation of Sections 4, 6 or 7 of this Act is a | ||||||
21 | Class A
misdemeanor and the violator shall be subject to | ||||||
22 | imprisonment for not more
than 1 year and a fine not in excess | ||||||
23 | of $10,000; any subsequent violation
is a Class 4 felony. Each | ||||||
24 | disturbance of an unregistered grave constitutes
a separate |
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1 | offense .
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2 | (Source: P.A. 86-151.)
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3 | (20 ILCS 3440/12) (from Ch. 127, par. 2672)
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4 | Sec. 12. Civil damages. Persons convicted of a violation | ||||||
5 | of Section 4 , or 5 , 6, 7, or 8 of this
Act shall also be liable | ||||||
6 | for civil damages to be assessed by the Department of Natural | ||||||
7 | Resources in consultation with Native American tribes Historic
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8 | Preservation Agency . Civil damages may include:
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9 | (a) forfeiture of any and all equipment used in disturbing | ||||||
10 | the protected
unregistered graves or grave markers;
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11 | (b) any and all costs incurred in cleaning, restoring, | ||||||
12 | analyzing,
accessioning , traveling for tribal nation | ||||||
13 | representatives, and curating the recovered materials;
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14 | (c) any and all costs associated with restoring the land | ||||||
15 | to its original
contour or the grave marker to its original | ||||||
16 | condition in consultation with federally recognized tribes ;
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17 | (d) any and all costs associated with recovery of data, | ||||||
18 | and analyzing,
publishing, accessioning and curating materials | ||||||
19 | when the prohibited
activity is so extensive as to preclude | ||||||
20 | the restoration of the unregistered
burials or grave markers;
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21 | (e) any and all costs for the State of Illinois and | ||||||
22 | affected tribal nations associated with the reinterment of the | ||||||
23 | human skeletal remains in consultation with federally | ||||||
24 | recognized tribes ;
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25 | (f) any and all costs associated with the determination |
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1 | and collection
of the civil damages.
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2 | When civil damages are recovered through the Attorney | ||||||
3 | General, the
proceeds shall be deposited into the Tribal | ||||||
4 | Repatriation Historic Sites Fund , which is created in the | ||||||
5 | State treasury. The moneys in the Fund shall be used for tribal | ||||||
6 | repatriation or interment ; when civil
damages are recovered | ||||||
7 | through the State's Attorney, the proceeds shall be
deposited | ||||||
8 | into the county funds designated by the county board | ||||||
9 | specifically and only used for tribal repatriation or | ||||||
10 | reinterment .
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11 | (Source: P.A. 86-151.)
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12 | (20 ILCS 3440/13) (from Ch. 127, par. 2673)
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13 | Sec. 13. Permits for the disturbance or removal of human | ||||||
14 | remains. | ||||||
15 | (a) The Director Department of Natural Resources shall | ||||||
16 | develop
regulations, in consultation with the Illinois State | ||||||
17 | Museum and federally recognized Native American nations | ||||||
18 | geographically and culturally affiliated with Illinois , | ||||||
19 | whereby
permits may be issued for the disturbance or removal , | ||||||
20 | or both, of human skeletal remains and grave
artifacts from | ||||||
21 | unregistered graves or the disturbance or removal , or both, of | ||||||
22 | grave markers.
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23 | (b) Each permit shall specify all terms and conditions | ||||||
24 | under which the
removal of human skeletal remains, grave | ||||||
25 | artifacts, or grave markers shall
be carried out. All costs |
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1 | accrued in the removal of the aforementioned
materials shall | ||||||
2 | be borne by the permit applicant. Upon completion of the
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3 | project, the permit holder shall submit a report of the | ||||||
4 | results to the Department of Natural Resources , the Director | ||||||
5 | of the Illinois State Museum, and any affiliated federally | ||||||
6 | recognized Native American nations geographically and | ||||||
7 | culturally affiliated with Illinois .
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8 | (c) If such human remains are not Native American or their | ||||||
9 | ethnic identity cannot be ascertained, as determined by the | ||||||
10 | State Burial Law Coordinator, the human remains shall be dealt | ||||||
11 | with in accordance with provisions established by the State | ||||||
12 | Archaeologist and other appropriate authority. If such burials | ||||||
13 | are Native American, as determined by the Illinois State | ||||||
14 | Archaeologist, efforts shall be made by the Illinois State | ||||||
15 | Archaeologist, in consultation with the Native American tribe | ||||||
16 | having a probable historical and cultural heritage with the | ||||||
17 | burial site, to ascertain their tribal identity. If their | ||||||
18 | probable tribal identity can be determined and the remains | ||||||
19 | have been removed from their original context, such remains | ||||||
20 | shall be turned over to contemporary tribal leaders for | ||||||
21 | disposition. | ||||||
22 | (d) If tribal identity cannot be determined, the Native | ||||||
23 | American remains must be dealt with in accordance with | ||||||
24 | provisions established by the State Burial Law Coordinator | ||||||
25 | consistent with the requirements of the Native American Graves | ||||||
26 | Protection and Repatriation Act of 1990 if they are from |
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1 | public land. If removed Native American remains are from | ||||||
2 | private land they shall be dealt with in accordance with | ||||||
3 | provisions established by the State Burial Law Coordinator. If | ||||||
4 | it is deemed desirable by the Illinois State Archaeologist, | ||||||
5 | removed remains shall be studied in a timely and respectful | ||||||
6 | manner by a qualified professional archaeologist or a | ||||||
7 | qualified physical anthropologist before being delivered to | ||||||
8 | tribal leaders or before being reburied. | ||||||
9 | (Source: P.A. 100-695, eff. 8-3-18.)
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10 | (20 ILCS 3440/14) (from Ch. 127, par. 2674)
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11 | Sec. 14. Human remains in unregistered graves. All human | ||||||
12 | skeletal remains and grave artifacts in
unregistered graves | ||||||
13 | are the property of the Native American nations geographically | ||||||
14 | and culturally affiliated with Illinois. The Department of | ||||||
15 | Natural Resources and the Illinois State Museum shall have the | ||||||
16 | right to maintain and care for, in compliance with the Native | ||||||
17 | American Graves Protection and Repatriation Act of 1990, | ||||||
18 | Native American property until appropriate and tribal | ||||||
19 | consultation has been completed and tribes have made the final | ||||||
20 | decision for repatriation or reinterment of the property. The | ||||||
21 | Illinois State Museum shall maintain records, conduct tribal | ||||||
22 | consultation, provide reports to tribal nations, and lead | ||||||
23 | repatriation and reinterment efforts with tribal approval held | ||||||
24 | in trust for the people of Illinois by the
State and are under | ||||||
25 | the jurisdiction of the Department of Natural Resources.
All |
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1 | materials collected under this Act shall be maintained, with | ||||||
2 | dignity
and respect, for the people of the State under the care | ||||||
3 | of the Illinois
State Museum .
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4 | (Source: P.A. 100-695, eff. 8-3-18.)
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5 | (20 ILCS 3440/15) (from Ch. 127, par. 2675)
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6 | Sec. 15. Rules. The Department of Natural Resources , in | ||||||
7 | consultation with federally recognized Native American nations | ||||||
8 | shall adopt promulgate such
rules regulations as may be | ||||||
9 | necessary to carry out the purposes of this Act.
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10 | (Source: P.A. 100-695, eff. 8-3-18.)
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11 | (20 ILCS 3440/17 new) | ||||||
12 | Sec. 17. Creation of cemetery. The Director of Natural | ||||||
13 | Resources, in cooperation with the Illinois State Museum and | ||||||
14 | in consultation with the federally recognized tribes with | ||||||
15 | geographical and cultural affiliation with Illinois, may | ||||||
16 | create a cemetery on existing State lands for the reburial of | ||||||
17 | repatriated Native American remains and materials. The | ||||||
18 | cemetery shall not be used by the public and shall be protected | ||||||
19 | by the State of Illinois. The Director of Natural Resources | ||||||
20 | shall cooperate with the Illinois State Archaeologist and the | ||||||
21 | Illinois State Museum to coordinate reinterment in the | ||||||
22 | cemetery.
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23 | (20 ILCS 3440/18 new) |
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1 | Sec. 18. Role of the Native American Graves Protection and | ||||||
2 | Repatriation Act officer and Director of Tribal Relations. In | ||||||
3 | partnership with the Illinois State Museum, the Department of | ||||||
4 | Natural Resources shall cooperate with the Director of Tribal | ||||||
5 | Relations and the Native American Graves Protection and | ||||||
6 | Repatriation Act officer to monitor sites and persons across | ||||||
7 | this State that are receiving federal funds to ensure | ||||||
8 | compliance with the requirements of the Native American Graves | ||||||
9 | Protection and Repatriation Act of 1990. The Department of | ||||||
10 | Natural Resources shall provide access to the offenders | ||||||
11 | registry and the Native American Graves Protection and | ||||||
12 | Repatriation Act officer shall maintain accuracy and tracking | ||||||
13 | of penalties. The Director of Tribal Relations shall serve as | ||||||
14 | the intermediary between the Department of Natural Resources, | ||||||
15 | the Illinois State Museum, and tribal nations to ensure the | ||||||
16 | directives of tribal nations are being followed and that | ||||||
17 | tribal nations are informed of actions taken by the State of | ||||||
18 | Illinois.
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19 | (20 ILCS 3440/2 rep.) | ||||||
20 | (20 ILCS 3440/11 rep.) | ||||||
21 | Section 15. The Human Skeletal Remains Protection Act is | ||||||
22 | amended by repealing Sections 2 and 11.
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23 | Section 20. The State Finance Act is amended by adding | ||||||
24 | Section 5.990 as follows:
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1 | (30 ILCS 105/5.990 new) | ||||||
2 | Sec. 5.990. The Tribal Repatriation Fund. ".
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