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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:
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