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Bill Title: Reinserts the provisions of the engrossed bill with the following changes and additions. Amends the Illinois Administrative Procedure Act. Grants the Department of Natural Resources emergency rulemaking authority concerning discovery of human remains. Amends the Freedom of Information Act. Exempts from inspection and copying any and all information regarding burials, interments, or entombments of human remains as required to be reported to the Department of Natural Resources under either the Archaeological and Paleontological Resources Protection Act or the Human Remains Protection Act. Amends the Seizure and Forfeiture Reporting Act. Provides that the Act applies to property seized or forfeited under the Archaeological and Paleontological Resources Protection Act and the Human Remains Protection Act. Further amends the Archaeological and Paleontological Resources Protection Act. Changes the administration of the Act from the Illinois State Museum to the Department of Natural Resources. Provides that it is unlawful to violate any administrative rule adopted under the Act. Provides that a violation of administrative rules adopted under the Act is a Class B misdemeanor. Provides that every device, equipment, tool, vehicle or conveyance, when used or operated illegally, or attempted to be used or operated illegally by any person in taking, transporting, holding, disturbing, exploring, excavating, collecting or conveying any archaeological or paleontological resources, contrary to the provisions of the Act, including administrative rules, is a public nuisance and subject to seizure and confiscation by any authorized employee of the Department. Further amends the Human Remains Protection Act. Provides that every device, equipment, tool, vehicle or conveyance, when used or operated illegally, or attempted to be used or operated illegally by any person in taking, transporting, holding, disturbing, exploring, excavating, collecting or conveying any human remains, grave artifacts, or grave markers, contrary to the provisions of the Act, including administrative rules, is a public nuisance and subject to seizure and confiscation by any authorized employee of the Department. Makes other changes. Effective immediately.
Spectrum: Strong Partisan Bill (Democrat 34-2)
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0446
[HB3413 Detail]Download: Illinois-2023-HB3413-Introduced.html
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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3413 Introduced , by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED:
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| 20 ILCS 3440/2 | from Ch. 127, par. 2662 | 20 ILCS 3440/7 | from Ch. 127, par. 2667 | 20 ILCS 3440/12 | from Ch. 127, par. 2672 | 20 ILCS 3440/13 | from Ch. 127, par. 2673 | 20 ILCS 3440/14 | from Ch. 127, par. 2674 | 20 ILCS 3440/17 new | |
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Amends the Human Skeletal Remains Protection Act. Changes references from "Indian" to "Native American" and "Historic Preservation Agency" to "Department of Natural Resources". Provides that the Director of Natural Resources, in cooperation with the Illinois State Museum, may create a cemetery on existing State lands for the reburial of repatriated Native American remains and materials. Provides that the cemetery shall not be used by the public and shall be protected by the State of Illinois. Provides that the Director of Natural Resources shall cooperate with the State Archaeologist and the Illinois State Museum to coordinate reinterment in the cemetery.
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| | A BILL FOR |
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| | HB3413 | | LRB103 30307 RLC 56735 b |
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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Human Skeletal Remains Protection Act is |
5 | | amended by changing Sections 2, 7, 12, 13, and 14 and by adding |
6 | | Section 17 as follows:
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7 | | (20 ILCS 3440/2) (from Ch. 127, par. 2662)
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8 | | Sec. 2. Legislative finding and intentions. The General |
9 | | Assembly
finds that existing laws do not provide equal or |
10 | | adequate protection for all
human graves. There is a real and |
11 | | growing threat to the safety and
sanctity of unregistered and |
12 | | unmarked graves. Numerous incidents in
Illinois have resulted |
13 | | in the desecration of human remains and vandalism to
grave |
14 | | markers. Similar incidents have occurred in neighboring states |
15 | | and
as a result those states have increased their criminal |
16 | | penalties for such
conduct. There is a strong likelihood that |
17 | | persons engaged for personal or
financial gain in the mining |
18 | | of prehistoric and historic Native American Indian , pioneer,
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19 | | and Civil War veteran's graves will move their operations to |
20 | | Illinois to
avoid the increased penalties being imposed in |
21 | | neighboring states. There
is an immediate need for legislation |
22 | | to protect the graves of these earlier
Illinoisans from such |
23 | | desecration. The General Assembly intends to assure
with this |
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1 | | Act that all human burials be accorded equal treatment and
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2 | | respect for human dignity without reference to ethnic origins, |
3 | | cultural
backgrounds or religious affiliations.
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4 | | The General Assembly also finds that those persons engaged |
5 | | in the
scientific study or collecting of artifacts which
have |
6 | | not been acquired in violation of law are engaged in |
7 | | legitimate and
worthy scientific, educational and recreational |
8 | | activities. This Act is
not intended to interfere with the |
9 | | continued legitimate collecting
activities or studies of such |
10 | | persons; nor is it intended to interfere with
the normal |
11 | | enjoyment of private property owners, farmers, or those |
12 | | engaged
in the development, mining or improvement of real |
13 | | property.
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14 | | (Source: P.A. 95-331, eff. 8-21-07.)
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15 | | (20 ILCS 3440/7) (from Ch. 127, par. 2667)
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16 | | Sec. 7.
It is unlawful for any person, either by himself or |
17 | | through
an agent, to knowingly allow the disturbance of human |
18 | | skeletal remains,
unregistered graves, or grave markers on |
19 | | property controlled by that person
unless such disturbance is |
20 | | authorized by a permit issued by the Department of Natural |
21 | | Resources Historic
Preservation Agency .
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22 | | (Source: P.A. 86-151.)
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23 | | (20 ILCS 3440/12) (from Ch. 127, par. 2672)
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24 | | Sec. 12.
Persons convicted of a violation of Section 4 or 5 |
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1 | | of this
Act shall also be liable for civil damages to be |
2 | | assessed by the Department of Natural Resources Historic
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3 | | Preservation Agency . Civil damages may include:
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4 | | (a) forfeiture of any and all equipment used in disturbing |
5 | | the protected
unregistered graves or grave markers;
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6 | | (b) any and all costs incurred in cleaning, restoring, |
7 | | analyzing,
accessioning and curating the recovered materials;
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8 | | (c) any and all costs associated with restoring the land |
9 | | to its original
contour or the grave marker to its original |
10 | | condition;
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11 | | (d) any and all costs associated with recovery of data, |
12 | | and analyzing,
publishing, accessioning and curating materials |
13 | | when the prohibited
activity is so extensive as to preclude |
14 | | the restoration of the unregistered
burials or grave markers;
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15 | | (e) any and all costs associated with the reinterment of |
16 | | the human skeletal remains;
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17 | | (f) any and all costs associated with the determination |
18 | | 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 funds designated by the county board.
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24 | | (Source: P.A. 86-151.)
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25 | | (20 ILCS 3440/13) (from Ch. 127, par. 2673)
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1 | | Sec. 13.
(a) The Director Department of Natural Resources |
2 | | shall develop
regulations, in consultation with the Illinois |
3 | | State Museum, whereby
permits may be issued for the removal of |
4 | | human skeletal remains and grave
artifacts from unregistered |
5 | | graves or the removal of grave markers.
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6 | | (b) Each permit shall specify all terms and conditions |
7 | | under which the
removal of human skeletal remains, grave |
8 | | artifacts, or grave markers shall
be carried out. All costs |
9 | | accrued in the removal of the aforementioned
materials shall |
10 | | be borne by the permit applicant. Upon completion of the
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11 | | project, the permit holder shall submit a report of the |
12 | | results to the Department of Natural Resources.
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13 | | (Source: P.A. 100-695, eff. 8-3-18.)
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14 | | (20 ILCS 3440/14) (from Ch. 127, par. 2674)
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15 | | Sec. 14.
All human skeletal remains and grave artifacts in
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16 | | unregistered graves are held in trust for the people of |
17 | | Illinois by the
State and are under the jurisdiction of the |
18 | | Department of Natural Resources.
All materials collected under |
19 | | this Act shall be maintained, with dignity
and respect, for |
20 | | the people of the State under the care of the Illinois
State |
21 | | Museum and in compliance with the Native American Graves |
22 | | Protection and Repatriation Act of 1990 .
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23 | | (Source: P.A. 100-695, eff. 8-3-18.)
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24 | | (20 ILCS 3440/17 new) |
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1 | | Sec. 17. Cemetery for the reburial of repatriated Native |
2 | | American remains and materials. The Director of Natural |
3 | | Resources, in cooperation with the Illinois State Museum, may |
4 | | create a cemetery on existing State lands for the reburial of |
5 | | repatriated Native American remains and materials. The |
6 | | cemetery shall not be used by the public and shall be protected |
7 | | by the State of Illinois. The Director of Natural Resources |
8 | | shall cooperate with the State Archaeologist and the Illinois |
9 | | State Museum to coordinate reinterment in the cemetery.
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