Bill Text: IL HB3413 | 2023-2024 | 103rd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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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 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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17 | (c) "Paleontological resource" means any significant | ||||||
18 | fossil or material
remains on public lands including traces or | ||||||
19 | impressions of animals or
plants that occur as part of the | ||||||
20 | geological record that are known and are
included in the files | ||||||
21 | maintained by the Illinois State Museum under Section 10.
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22 | (d) "Person" means any natural individual, firm, trust, | ||||||
23 | estate,
partnership, association, joint stock company, joint |
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1 | venture, corporation
or a receiver, trustee, guardian or other | ||||||
2 | representative appointed by order
of any court, the federal | ||||||
3 | and State governments, including State
universities created by | ||||||
4 | statute or any city, town, county or other
political | ||||||
5 | subdivision of this State.
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6 | (e) "Public land" means any land owned, but does not | ||||||
7 | include land leased
as lessee, by the State of Illinois or its | ||||||
8 | agencies, a State university
created by statute, a | ||||||
9 | municipality or a unit of local government.
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10 | (Source: P.A. 86-459; 86-707.)
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11 | (20 ILCS 3435/5) (from Ch. 127, par. 133c5)
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12 | Sec. 5.
Any violation of Section 3 not involving the | ||||||
13 | disturbance of
human skeletal remains is a Class A misdemeanor | ||||||
14 | and the violator
shall be subject to imprisonment and a fine | ||||||
15 | not in excess of $5,000; any
subsequent violation is a Class 4 | ||||||
16 | felony. Any violation of Section 3
involving disturbance of | ||||||
17 | human skeletal remains is a Class 4 felony. Each
disturbance | ||||||
18 | of an archaeological site or a paleontological site shall
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19 | constitute a single offense. Persons convicted of a violation | ||||||
20 | of Section 3
shall also be liable for civil damages to be | ||||||
21 | assessed by the land managing
agency and the Department of | ||||||
22 | Natural Resources. Civil damages may include:
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23 | (a) forfeiture of any and all equipment used in | ||||||
24 | acquiring the protected
material;
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25 | (b) any and all costs incurred in cleaning, restoring, |
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1 | analyzing,
accessioning and curating the recovered | ||||||
2 | materials;
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3 | (c) any and all costs associated with restoring the | ||||||
4 | land to its
original contour;
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5 | (d) any and all costs associated with recovery of data | ||||||
6 | and analyzing,
publishing, accessioning and curating | ||||||
7 | materials when the
prohibited activity is so extensive as | ||||||
8 | to preclude the restoration of the
archaeological or | ||||||
9 | paleontological site;
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10 | (e) any and all costs associated with the | ||||||
11 | determination and collection
of the civil damages.
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12 | When civil damages are recovered through the Attorney | ||||||
13 | General, the
proceeds shall be deposited into the Historic | ||||||
14 | Sites Fund; when civil
damages are recovered through the | ||||||
15 | State's Attorney, the proceeds shall be
deposited into the | ||||||
16 | county fund designated by the county board.
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17 | (Source: P.A. 100-695, eff. 8-3-18.)
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18 | Section 10. The Human Skeletal Remains Protection Act is | ||||||
19 | amended by changing Sections 0.01, 1, 3, 4, 4.5, 5, 6, 7, 8, 9, | ||||||
20 | 10, 12, 13, 14, and 15 and by adding Sections 3.5 and 17 as | ||||||
21 | follows:
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22 | (20 ILCS 3440/0.01) (from Ch. 127, par. 2660)
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23 | Sec. 0.01. Short title. This Act may be cited as the
Human | ||||||
24 | Skeletal Remains Protection Act.
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1 | (Source: P.A. 86-1324.)
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2 | (20 ILCS 3440/1) (from Ch. 127, par. 2661)
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3 | Sec. 1. Definitions. For the purposes of this Act:
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4 | (a) "Human skeletal remains" include the bones and | ||||||
5 | decomposed fleshy
parts of a deceased human body.
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6 | (b) "Unregistered graves" are any graves or locations | ||||||
7 | where a human body
has been buried or deposited; is over 100 | ||||||
8 | years old; and is not in a
cemetery registered with or licensed | ||||||
9 | by the State Comptroller under the Cemetery Care Act or under | ||||||
10 | the authority of the Illinois Department of Financial and | ||||||
11 | Professional Regulation pursuant to the Cemetery Oversight | ||||||
12 | Act, whichever is applicable.
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13 | (c) "Grave artifacts" are any item of human manufacture or | ||||||
14 | use that is
associated with the human skeletal remains in an | ||||||
15 | unregistered grave.
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16 | (d) "Grave markers" are any tomb, monument, stone, | ||||||
17 | ornament, mound, or
other item of human manufacture that is | ||||||
18 | associated with an unregistered grave.
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19 | (e) "Person" means any natural individual, firm, trust, | ||||||
20 | estate,
partnership, association, joint stock company, joint | ||||||
21 | venture, corporation
or a receiver, trustee, guardian or other | ||||||
22 | representatives appointed by
order of any court, the Federal | ||||||
23 | and State governments, including State
Universities created by | ||||||
24 | statute or any city, town, county or other political
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25 | subdivision of this State.
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1 | (f) "Disturb" includes excavating, removing, exposing, | ||||||
2 | defacing,
mutilating, destroying, molesting, or desecrating in | ||||||
3 | any
way human skeletal remains, unregistered graves, and grave | ||||||
4 | markers.
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5 | (g) "Consultation" means a formal, two-way, | ||||||
6 | government-to-government dialogue between official | ||||||
7 | representatives of federally recognized tribes and the United | ||||||
8 | States Department of the Interior to discuss federal proposals | ||||||
9 | before the United States Department of the Interior makes | ||||||
10 | decisions on those proposals. The United States Department of | ||||||
11 | the Interior, the Department of Natural Resources, and the | ||||||
12 | Illinois State Museum shall provide sufficient notice to | ||||||
13 | appropriate federally recognized tribal leaders of upcoming | ||||||
14 | consultation sessions and, following the consultations | ||||||
15 | sessions, report to those tribal leaders how the final | ||||||
16 | decision incorporates tribal input. | ||||||
17 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
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18 | (20 ILCS 3440/3) (from Ch. 127, par. 2663)
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19 | Sec. 3. Notification to coroner. Any person who discovers | ||||||
20 | human skeletal remains subject to
this Act shall promptly | ||||||
21 | notify the coroner within 48 hours . Any person who knowingly | ||||||
22 | fails
to report such a discovery within 48 hours is guilty of a | ||||||
23 | Class C
misdemeanor, unless such person has reasonable cause | ||||||
24 | to believe that the
coroner had already been so notified. If | ||||||
25 | the human skeletal remains appear
to be from an unregistered |
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1 | grave, the coroner shall promptly notify the Department of | ||||||
2 | Natural Resources
prior to their removal. Nothing in this Act | ||||||
3 | shall be construed to apply to human skeletal remains subject | ||||||
4 | to "An Act to
revise the law in relation to coroners".
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5 | (Source: P.A. 100-695, eff. 8-3-18.)
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6 | (20 ILCS 3440/3.5 new) | ||||||
7 | Sec. 3.5. Native American Review Group. The State of | ||||||
8 | Illinois presents a unique situation in that it has not | ||||||
9 | maintained meaningful consulting relationships with tribal | ||||||
10 | nations aboriginal to the land now known as the State of | ||||||
11 | Illinois. Without meaningful relationships between the State | ||||||
12 | of Illinois and tribal nations, there has been harm caused to | ||||||
13 | tribal nations and trust needs to be rebuilt as the State works | ||||||
14 | to correct those harmful mistakes. As tribal nations | ||||||
15 | strengthen their histories, it is of utmost importance to | ||||||
16 | uphold law and policy in relation to the sovereign status of | ||||||
17 | tribes. Despite the State of Illinois' long history of | ||||||
18 | removing tribal nations, this Act requires that a project that | ||||||
19 | may affect a historical property of religious and cultural | ||||||
20 | significance to the affected tribe or tribes be subject to | ||||||
21 | consultation and review from the Native American Review Group | ||||||
22 | at the Illinois State Museum. Historical properties of | ||||||
23 | religious and ceremonial significance include: archeological | ||||||
24 | sites, burial grounds, and mounds. The types of
activities | ||||||
25 | that may affect properties of religious and
cultural |
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1 | significance include: actions taken to disturb the
ground and | ||||||
2 | new construction in underdeveloped natural areas. | ||||||
3 | The Native American Review Group shall be appointed by the | ||||||
4 | Director of Natural Resources and shall consist of at least | ||||||
5 | one tribal representative from each one of the over 30 tribal | ||||||
6 | nations that have been identified as having historical | ||||||
7 | presence in Illinois. These representatives shall be a tribal | ||||||
8 | chairperson, tribal historic preservation officer, or | ||||||
9 | designated official for the respective tribe. The Native | ||||||
10 | American Review Group shall be notified immediately and all | ||||||
11 | activity on the property shall immediately cease if: (1) | ||||||
12 | remains are found; (2) any property with religious and | ||||||
13 | cultural significance will be disturbed; and (3) any property | ||||||
14 | with religious and cultural significance is accidentally | ||||||
15 | disturbed. This group shall convene and review any request | ||||||
16 | made to the Department of Natural Resources for a land permit. | ||||||
17 | The Department of Natural Resources may issue a land permit | ||||||
18 | only after the Native American Review Group has reviewed the | ||||||
19 | proposal and approved the request or provided revisions to the | ||||||
20 | request.
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21 | (20 ILCS 3440/4) (from Ch. 127, par. 2664)
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22 | Sec. 4. Human burial sites; knowingly disturbing human | ||||||
23 | skeletal remains; penalty; permit. It is unlawful for any | ||||||
24 | person, either by oneself himself or through
an agent, to | ||||||
25 | knowingly disturb human skeletal remains , grave markers, and |
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1 | grave artifacts
in unregistered graves protected by this Act | ||||||
2 | unless such person obtains a
permit issued by the Department | ||||||
3 | of Natural Resources. Any person who violates this Section | ||||||
4 | commits a Class 4 felony. When grave disturbances must occur a | ||||||
5 | land permit must be obtained from the Department of Natural | ||||||
6 | Resources. When a land permit request is received, the | ||||||
7 | Department of Natural Resources shall immediately contact the | ||||||
8 | Director of Tribal Relations at the Illinois State Museum who | ||||||
9 | shall immediately engage the Native American Review Group who | ||||||
10 | shall approve or deny the request.
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11 | (Source: P.A. 100-695, eff. 8-3-18.)
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12 | (20 ILCS 3440/4.5)
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13 | Sec. 4.5. O'Hare Modernization. | ||||||
14 | The O'Hare Modernization Act shall be subject to this Act. | ||||||
15 | Any future O'Hare developments must be reviewed and approved | ||||||
16 | by the Native American Review Group. Nothing in this Act | ||||||
17 | limits the authority
of the City of Chicago to exercise its | ||||||
18 | powers under the O'Hare Modernization
Act or requires that | ||||||
19 | City, or any person acting on behalf of that City, to
obtain a | ||||||
20 | permit under this Act when acquiring property or otherwise | ||||||
21 | exercising
its powers under the O'Hare Modernization Act.
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22 | (Source: P.A. 93-450, eff. 8-6-03.)
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23 | (20 ILCS 3440/5) (from Ch. 127, par. 2665)
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24 | Sec. 5. Human burial sites; appropriation for sale; |
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1 | penalty. It is unlawful for any person, either by himself or | ||||||
2 | through
an agent, to recklessly appropriate for profit, use | ||||||
3 | for profit, sell, purchase, or transport for sale or profit | ||||||
4 | any human remains, grave artifacts, or grave markers. A person | ||||||
5 | who violates this Section commits a Class A misdemeanor for a | ||||||
6 | first violation and a Class 4 felony for a second or subsequent | ||||||
7 | violation knowingly disturb a grave marker protected by this | ||||||
8 | Act unless
such person obtains a permit issued by the | ||||||
9 | Department of Natural Resources .
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10 | (Source: P.A. 100-695, eff. 8-3-18.)
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11 | (20 ILCS 3440/6) (from Ch. 127, par. 2666)
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12 | Sec. 6. Human burial sites; unknowingly disturb; actions; | ||||||
13 | permits. If the State Burial Coordinator determines that | ||||||
14 | infrastructure repair, renovation, or improvements will | ||||||
15 | disturb an unregistered grave, human remains, or a grave | ||||||
16 | marker, then the State Burial Coordinator shall determine | ||||||
17 | whether the grave, remains, or grave marker is Native | ||||||
18 | American. If the grave, remains, or grave marker is identified | ||||||
19 | as Native American by the State Burial Coordinator, then any | ||||||
20 | and all work must immediately cease, and within 48 hours, the | ||||||
21 | Department of Natural Resources must be notified and the | ||||||
22 | formal Section 106 consultation process with Native American | ||||||
23 | nations must take place before any work can resume. For work to | ||||||
24 | proceed, a land permit must be issued by the Department of | ||||||
25 | Natural Resources after appropriate tribal review and |
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1 | consultation has been completed. A person who violates this | ||||||
2 | Section commits a Class A misdemeanor for a first violation | ||||||
3 | and a Class 4 felony for a second or subsequent violation. It | ||||||
4 | is unlawful for any person, either by himself or through
an | ||||||
5 | agent, to offer any human skeletal remains, grave artifacts or | ||||||
6 | grave
markers for sale or exchange with the knowledge that | ||||||
7 | they have been
collected or excavated in violation of this | ||||||
8 | Act.
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9 | (Source: P.A. 86-151.)
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10 | (20 ILCS 3440/7) (from Ch. 127, par. 2667)
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11 | Sec. 7. Human burial sites-knowingly disturb private | ||||||
12 | property, permitting, penalties. It is unlawful for any | ||||||
13 | person, either by himself or through
an agent, to knowingly | ||||||
14 | allow the disturbance of human skeletal remains,
unregistered | ||||||
15 | graves, grave artifacts or grave markers on property | ||||||
16 | controlled by that person
unless such disturbance is | ||||||
17 | authorized by a permit issued by the Historic
Preservation | ||||||
18 | Agency. A person who violates this Section commits a Class A | ||||||
19 | misdemeanor for a first violation and a Class 4 felony for a | ||||||
20 | second or subsequent violation. When grave disturbances must | ||||||
21 | occur, a land permit must be obtained from the Department of | ||||||
22 | Natural Resources, and the State Burial Coordinator shall | ||||||
23 | determine whether the grave that is to be disturbed is a Native | ||||||
24 | American grave. 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. 86-151.)
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5 | (20 ILCS 3440/8) (from Ch. 127, par. 2668)
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6 | Sec. 8. Criminal prosecutions for violations of Act. The | ||||||
7 | State's Attorney of the county in which a
violation of | ||||||
8 | Sections 4, 5, 6, or 7 of this Act is alleged to
have occurred, | ||||||
9 | or the Attorney General, may be requested by
the Department | ||||||
10 | Director of Natural Resources to initiate
criminal | ||||||
11 | prosecutions or to seek civil damages, injunctive
relief and | ||||||
12 | any other appropriate relief. The Department of Natural | ||||||
13 | Resources shall co-operate with the State's Attorney
or the | ||||||
14 | Attorney General. Persons aware of any violations of
this Act | ||||||
15 | shall contact the Department of Natural Resources.
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16 | (Source: P.A. 100-695, eff. 8-3-18.)
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17 | (20 ILCS 3440/9) (from Ch. 127, par. 2669)
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18 | Sec. 9. Reward for information leading to arrest and | ||||||
19 | conviction of offenders. The Department of Natural Resources | ||||||
20 | is authorized to offer a
reward of up to $5,000 $2000 for | ||||||
21 | information leading to the arrest and
conviction of persons | ||||||
22 | who violate Section Sections 4, 5, 6, and 7 of this Act.
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23 | (Source: P.A. 100-695, eff. 8-3-18.)
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1 | (20 ILCS 3440/10) (from Ch. 127, par. 2670)
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2 | Sec. 10. Registry of offenders. The Department of Natural | ||||||
3 | Resources shall create a registry of offenders who violate | ||||||
4 | this Act and shall impose additional penalties on repeat | ||||||
5 | offenders Any violation of Sections 4, 6 or 7 of this Act is a | ||||||
6 | Class A
misdemeanor and the violator shall be subject to | ||||||
7 | imprisonment for not more
than 1 year and a fine not in excess | ||||||
8 | of $10,000; any subsequent violation
is a Class 4 felony. Each | ||||||
9 | disturbance of an unregistered grave constitutes
a separate | ||||||
10 | offense .
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11 | (Source: P.A. 86-151.)
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12 | (20 ILCS 3440/12) (from Ch. 127, par. 2672)
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13 | Sec. 12. Civil damages. Persons convicted of a violation | ||||||
14 | of Section 4 , or 5 , 6, or 7 of this
Act shall also be liable | ||||||
15 | for civil damages to be assessed by the Department of Natural | ||||||
16 | Resources in consultation with Native American tribes Historic
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17 | Preservation Agency . Civil damages may include:
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18 | (a) forfeiture of any and all equipment used in disturbing | ||||||
19 | the protected
unregistered graves or grave markers;
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20 | (b) any and all costs incurred in cleaning, restoring, | ||||||
21 | analyzing,
accessioning , traveling for tribal nation | ||||||
22 | representatives, and curating the recovered materials;
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23 | (c) any and all costs associated with restoring the land | ||||||
24 | to its original
contour or the grave marker to its original | ||||||
25 | condition in consultation with federally recognized tribes ;
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1 | (d) any and all costs associated with recovery of data, | ||||||
2 | and analyzing,
publishing, accessioning and curating materials | ||||||
3 | when the prohibited
activity is so extensive as to preclude | ||||||
4 | the restoration of the unregistered
burials or grave markers;
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5 | (e) any and all costs for the State of Illinois and | ||||||
6 | affected tribal nations associated with the reinterment of the | ||||||
7 | human skeletal remains in consultation with federally | ||||||
8 | recognized tribes ;
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9 | (f) any and all costs associated with the determination | ||||||
10 | and collection
of the civil damages.
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11 | When civil damages are recovered through the Attorney | ||||||
12 | General, the
proceeds shall be deposited into the Tribal | ||||||
13 | Repatriation Historic Sites Fund , which is created as a | ||||||
14 | special fund in the State treasury. The moneys in the Fund | ||||||
15 | shall be used, subject to appropriation, for tribal | ||||||
16 | repatriation or interment ; when civil
damages are recovered | ||||||
17 | through the State's Attorney, the proceeds shall be
deposited | ||||||
18 | into the county funds designated by the county board | ||||||
19 | specifically and only used for tribal repatriation or | ||||||
20 | reinterment .
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21 | (Source: P.A. 86-151.)
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22 | (20 ILCS 3440/13) (from Ch. 127, par. 2673)
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23 | Sec. 13. Permits for the disturbance or removal of human | ||||||
24 | remains. | ||||||
25 | (a) The Director Department of Natural Resources shall |
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1 | develop
regulations, in consultation with the Illinois State | ||||||
2 | Museum and federally recognized Native American nations | ||||||
3 | geographically and culturally affiliated with Illinois , | ||||||
4 | whereby
permits may be issued for the disturbance or removal , | ||||||
5 | or both, of Native American human skeletal remains and grave
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6 | artifacts from unregistered graves or the disturbance or | ||||||
7 | removal , or both, of Native American grave markers.
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8 | (b) Each permit shall specify all terms and conditions | ||||||
9 | under which the
removal of Native American human skeletal | ||||||
10 | remains, Native American grave artifacts, or Native American | ||||||
11 | grave markers shall
be carried out. All costs accrued in the | ||||||
12 | removal of the aforementioned
materials shall be borne by the | ||||||
13 | permit applicant. Upon completion of the
project, the permit | ||||||
14 | holder shall submit a report of the results to the Department | ||||||
15 | of Natural Resources , the Director of the Illinois State | ||||||
16 | Museum, and any affiliated federally recognized Native | ||||||
17 | American nations geographically and culturally affiliated with | ||||||
18 | Illinois .
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19 | (c) If such human remains are not Native American or their | ||||||
20 | ethnic identity cannot be ascertained, as determined by the | ||||||
21 | State Burial Law Coordinator, the human remains shall be dealt | ||||||
22 | with in accordance with provisions established by the | ||||||
23 | appropriate authority. If such burials are Native American, as | ||||||
24 | determined by the Illinois State Archaeologist, efforts shall | ||||||
25 | be made by the Illinois State Archaeologist, in consultation | ||||||
26 | with the Native American tribe having a probable historical |
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1 | and cultural heritage with the burial site, to ascertain their | ||||||
2 | tribal identity. If their probable tribal identity can be | ||||||
3 | determined and the remains have been removed from their | ||||||
4 | original context, such remains shall be turned over to | ||||||
5 | contemporary tribal leaders for disposition. | ||||||
6 | (d) If tribal identity cannot be determined, the Native | ||||||
7 | American remains must be dealt with in accordance with | ||||||
8 | provisions established by the State Burial Coordinator | ||||||
9 | consistent with the requirements of the Native American Graves | ||||||
10 | Protection and Repatriation Act of 1990 if they are from | ||||||
11 | public land. If removed Native American remains are from | ||||||
12 | private land they shall be dealt with in accordance with | ||||||
13 | provisions established by the State Burial Law Coordinator. If | ||||||
14 | it is deemed desirable by the Illinois State Archaeologist, | ||||||
15 | removed remains shall be studied in a timely and respectful | ||||||
16 | manner by a qualified professional archaeologist or a | ||||||
17 | qualified physical anthropologist before being delivered to | ||||||
18 | tribal leaders or before being reburied. | ||||||
19 | (Source: P.A. 100-695, eff. 8-3-18.)
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20 | (20 ILCS 3440/14) (from Ch. 127, par. 2674)
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21 | Sec. 14. Human remains in unregistered graves. All Native | ||||||
22 | American human skeletal remains and grave artifacts in
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23 | unregistered graves are the property of the Native American | ||||||
24 | nations geographically and culturally affiliated with | ||||||
25 | Illinois. The Department of Natural Resources and the Illinois |
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1 | State Museum shall have the right to maintain and care for, in | ||||||
2 | compliance with the Native American Graves Protection and | ||||||
3 | Repatriation Act of 1990, Native American property until | ||||||
4 | appropriate and tribal consultation has been completed and | ||||||
5 | tribes have made the final decision for repatriation or | ||||||
6 | reinterment of the property. The Illinois State Museum shall | ||||||
7 | maintain records, conduct tribal consultation, provide reports | ||||||
8 | to tribal nations, and lead repatriation and reinterment | ||||||
9 | efforts with tribal approval held in trust for the people of | ||||||
10 | Illinois by the
State and are under the jurisdiction of the | ||||||
11 | Department of Natural Resources.
All materials collected under | ||||||
12 | this Act shall be maintained, with dignity
and respect, for | ||||||
13 | the people of the State under the care of the Illinois
State | ||||||
14 | Museum .
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15 | (Source: P.A. 100-695, eff. 8-3-18.)
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16 | (20 ILCS 3440/15) (from Ch. 127, par. 2675)
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17 | Sec. 15. Rules. The Department of Natural Resources , in | ||||||
18 | consultation with federally recognized Native American nations | ||||||
19 | shall adopt promulgate such
rules regulations as may be | ||||||
20 | necessary to carry out the purposes of this Act.
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21 | (Source: P.A. 100-695, eff. 8-3-18.)
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22 | (20 ILCS 3440/17 new) | ||||||
23 | Sec. 17. Creation of cemetery. The Director of Natural | ||||||
24 | Resources, in cooperation with the Illinois State Museum and |
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1 | in consultation with the federally recognized tribes with | ||||||
2 | geographical and cultural affiliation with Illinois, may | ||||||
3 | create a cemetery on existing State lands for the reburial of | ||||||
4 | repatriated Native American remains and materials. The | ||||||
5 | cemetery shall not be used by the public and shall be protected | ||||||
6 | by the State of Illinois. The Director of Natural Resources | ||||||
7 | shall cooperate with the Illinois State Archaeologist and the | ||||||
8 | Illinois State Museum to coordinate reinterment in the | ||||||
9 | cemetery.
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10 | (20 ILCS 3440/2 rep.) | ||||||
11 | (20 ILCS 3440/4.75 rep.) | ||||||
12 | (20 ILCS 3440/11 rep.) | ||||||
13 | Section 15. The Human Skeletal Remains Protection Act is | ||||||
14 | amended by repealing Sections 2, 4.75, and 11.
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15 | Section 20. The State Finance Act is amended by adding | ||||||
16 | Section 5.990 as follows:
|