HB3413 EnrolledLRB103 30307 RLC 56735 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.35 as follows:
 
6    (5 ILCS 100/5-45.35 new)
7    Sec. 5-45.35. Emergency rulemaking; Department of Natural
8Resources. To provide for the expeditious and timely
9implementation of Section 13 of the Human Remains Protection
10Act, emergency rules implementing Section 13 of the Human
11Remains Protection Act may be adopted in accordance with
12Section 5-45 by the Department of Natural Resources. The
13adoption of emergency rules authorized by Section 5-45 and
14this Section is deemed to be necessary for the public
15interest, safety, and welfare.
16    This Section is repealed one year after the effective date
17of this amendatory Act of the 103rd General Assembly.
 
18    Section 10. The Freedom of Information Act is amended by
19changing Section 7 as follows:
 
20    (5 ILCS 140/7)
21    (Text of Section before amendment by P.A. 102-982)

 

 

HB3413 Enrolled- 2 -LRB103 30307 RLC 56735 b

1    Sec. 7. Exemptions.
2    (1) When a request is made to inspect or copy a public
3record that contains information that is exempt from
4disclosure under this Section, but also contains information
5that is not exempt from disclosure, the public body may elect
6to redact the information that is exempt. The public body
7shall make the remaining information available for inspection
8and copying. Subject to this requirement, the following shall
9be exempt from inspection and copying:
10        (a) Information specifically prohibited from
11    disclosure by federal or State law or rules and
12    regulations implementing federal or State law.
13        (b) Private information, unless disclosure is required
14    by another provision of this Act, a State or federal law,
15    or a court order.
16        (b-5) Files, documents, and other data or databases
17    maintained by one or more law enforcement agencies and
18    specifically designed to provide information to one or
19    more law enforcement agencies regarding the physical or
20    mental status of one or more individual subjects.
21        (c) Personal information contained within public
22    records, the disclosure of which would constitute a
23    clearly unwarranted invasion of personal privacy, unless
24    the disclosure is consented to in writing by the
25    individual subjects of the information. "Unwarranted
26    invasion of personal privacy" means the disclosure of

 

 

HB3413 Enrolled- 3 -LRB103 30307 RLC 56735 b

1    information that is highly personal or objectionable to a
2    reasonable person and in which the subject's right to
3    privacy outweighs any legitimate public interest in
4    obtaining the information. The disclosure of information
5    that bears on the public duties of public employees and
6    officials shall not be considered an invasion of personal
7    privacy.
8        (d) Records in the possession of any public body
9    created in the course of administrative enforcement
10    proceedings, and any law enforcement or correctional
11    agency for law enforcement purposes, but only to the
12    extent that disclosure would:
13            (i) interfere with pending or actually and
14        reasonably contemplated law enforcement proceedings
15        conducted by any law enforcement or correctional
16        agency that is the recipient of the request;
17            (ii) interfere with active administrative
18        enforcement proceedings conducted by the public body
19        that is the recipient of the request;
20            (iii) create a substantial likelihood that a
21        person will be deprived of a fair trial or an impartial
22        hearing;
23            (iv) unavoidably disclose the identity of a
24        confidential source, confidential information
25        furnished only by the confidential source, or persons
26        who file complaints with or provide information to

 

 

HB3413 Enrolled- 4 -LRB103 30307 RLC 56735 b

1        administrative, investigative, law enforcement, or
2        penal agencies; except that the identities of
3        witnesses to traffic accidents, traffic accident
4        reports, and rescue reports shall be provided by
5        agencies of local government, except when disclosure
6        would interfere with an active criminal investigation
7        conducted by the agency that is the recipient of the
8        request;
9            (v) disclose unique or specialized investigative
10        techniques other than those generally used and known
11        or disclose internal documents of correctional
12        agencies related to detection, observation, or
13        investigation of incidents of crime or misconduct, and
14        disclosure would result in demonstrable harm to the
15        agency or public body that is the recipient of the
16        request;
17            (vi) endanger the life or physical safety of law
18        enforcement personnel or any other person; or
19            (vii) obstruct an ongoing criminal investigation
20        by the agency that is the recipient of the request.
21        (d-5) A law enforcement record created for law
22    enforcement purposes and contained in a shared electronic
23    record management system if the law enforcement agency
24    that is the recipient of the request did not create the
25    record, did not participate in or have a role in any of the
26    events which are the subject of the record, and only has

 

 

HB3413 Enrolled- 5 -LRB103 30307 RLC 56735 b

1    access to the record through the shared electronic record
2    management system.
3        (d-6) Records contained in the Officer Professional
4    Conduct Database under Section 9.2 of the Illinois Police
5    Training Act, except to the extent authorized under that
6    Section. This includes the documents supplied to the
7    Illinois Law Enforcement Training Standards Board from the
8    Illinois State Police and Illinois State Police Merit
9    Board.
10        (e) Records that relate to or affect the security of
11    correctional institutions and detention facilities.
12        (e-5) Records requested by persons committed to the
13    Department of Corrections, Department of Human Services
14    Division of Mental Health, or a county jail if those
15    materials are available in the library of the correctional
16    institution or facility or jail where the inmate is
17    confined.
18        (e-6) Records requested by persons committed to the
19    Department of Corrections, Department of Human Services
20    Division of Mental Health, or a county jail if those
21    materials include records from staff members' personnel
22    files, staff rosters, or other staffing assignment
23    information.
24        (e-7) Records requested by persons committed to the
25    Department of Corrections or Department of Human Services
26    Division of Mental Health if those materials are available

 

 

HB3413 Enrolled- 6 -LRB103 30307 RLC 56735 b

1    through an administrative request to the Department of
2    Corrections or Department of Human Services Division of
3    Mental Health.
4        (e-8) Records requested by a person committed to the
5    Department of Corrections, Department of Human Services
6    Division of Mental Health, or a county jail, the
7    disclosure of which would result in the risk of harm to any
8    person or the risk of an escape from a jail or correctional
9    institution or facility.
10        (e-9) Records requested by a person in a county jail
11    or committed to the Department of Corrections or
12    Department of Human Services Division of Mental Health,
13    containing personal information pertaining to the person's
14    victim or the victim's family, including, but not limited
15    to, a victim's home address, home telephone number, work
16    or school address, work telephone number, social security
17    number, or any other identifying information, except as
18    may be relevant to a requester's current or potential case
19    or claim.
20        (e-10) Law enforcement records of other persons
21    requested by a person committed to the Department of
22    Corrections, Department of Human Services Division of
23    Mental Health, or a county jail, including, but not
24    limited to, arrest and booking records, mug shots, and
25    crime scene photographs, except as these records may be
26    relevant to the requester's current or potential case or

 

 

HB3413 Enrolled- 7 -LRB103 30307 RLC 56735 b

1    claim.
2        (f) Preliminary drafts, notes, recommendations,
3    memoranda, and other records in which opinions are
4    expressed, or policies or actions are formulated, except
5    that a specific record or relevant portion of a record
6    shall not be exempt when the record is publicly cited and
7    identified by the head of the public body. The exemption
8    provided in this paragraph (f) extends to all those
9    records of officers and agencies of the General Assembly
10    that pertain to the preparation of legislative documents.
11        (g) Trade secrets and commercial or financial
12    information obtained from a person or business where the
13    trade secrets or commercial or financial information are
14    furnished under a claim that they are proprietary,
15    privileged, or confidential, and that disclosure of the
16    trade secrets or commercial or financial information would
17    cause competitive harm to the person or business, and only
18    insofar as the claim directly applies to the records
19    requested.
20        The information included under this exemption includes
21    all trade secrets and commercial or financial information
22    obtained by a public body, including a public pension
23    fund, from a private equity fund or a privately held
24    company within the investment portfolio of a private
25    equity fund as a result of either investing or evaluating
26    a potential investment of public funds in a private equity

 

 

HB3413 Enrolled- 8 -LRB103 30307 RLC 56735 b

1    fund. The exemption contained in this item does not apply
2    to the aggregate financial performance information of a
3    private equity fund, nor to the identity of the fund's
4    managers or general partners. The exemption contained in
5    this item does not apply to the identity of a privately
6    held company within the investment portfolio of a private
7    equity fund, unless the disclosure of the identity of a
8    privately held company may cause competitive harm.
9        Nothing contained in this paragraph (g) shall be
10    construed to prevent a person or business from consenting
11    to disclosure.
12        (h) Proposals and bids for any contract, grant, or
13    agreement, including information which if it were
14    disclosed would frustrate procurement or give an advantage
15    to any person proposing to enter into a contractor
16    agreement with the body, until an award or final selection
17    is made. Information prepared by or for the body in
18    preparation of a bid solicitation shall be exempt until an
19    award or final selection is made.
20        (i) Valuable formulae, computer geographic systems,
21    designs, drawings, and research data obtained or produced
22    by any public body when disclosure could reasonably be
23    expected to produce private gain or public loss. The
24    exemption for "computer geographic systems" provided in
25    this paragraph (i) does not extend to requests made by
26    news media as defined in Section 2 of this Act when the

 

 

HB3413 Enrolled- 9 -LRB103 30307 RLC 56735 b

1    requested information is not otherwise exempt and the only
2    purpose of the request is to access and disseminate
3    information regarding the health, safety, welfare, or
4    legal rights of the general public.
5        (j) The following information pertaining to
6    educational matters:
7            (i) test questions, scoring keys, and other
8        examination data used to administer an academic
9        examination;
10            (ii) information received by a primary or
11        secondary school, college, or university under its
12        procedures for the evaluation of faculty members by
13        their academic peers;
14            (iii) information concerning a school or
15        university's adjudication of student disciplinary
16        cases, but only to the extent that disclosure would
17        unavoidably reveal the identity of the student; and
18            (iv) course materials or research materials used
19        by faculty members.
20        (k) Architects' plans, engineers' technical
21    submissions, and other construction related technical
22    documents for projects not constructed or developed in
23    whole or in part with public funds and the same for
24    projects constructed or developed with public funds,
25    including, but not limited to, power generating and
26    distribution stations and other transmission and

 

 

HB3413 Enrolled- 10 -LRB103 30307 RLC 56735 b

1    distribution facilities, water treatment facilities,
2    airport facilities, sport stadiums, convention centers,
3    and all government owned, operated, or occupied buildings,
4    but only to the extent that disclosure would compromise
5    security.
6        (l) Minutes of meetings of public bodies closed to the
7    public as provided in the Open Meetings Act until the
8    public body makes the minutes available to the public
9    under Section 2.06 of the Open Meetings Act.
10        (m) Communications between a public body and an
11    attorney or auditor representing the public body that
12    would not be subject to discovery in litigation, and
13    materials prepared or compiled by or for a public body in
14    anticipation of a criminal, civil, or administrative
15    proceeding upon the request of an attorney advising the
16    public body, and materials prepared or compiled with
17    respect to internal audits of public bodies.
18        (n) Records relating to a public body's adjudication
19    of employee grievances or disciplinary cases; however,
20    this exemption shall not extend to the final outcome of
21    cases in which discipline is imposed.
22        (o) Administrative or technical information associated
23    with automated data processing operations, including, but
24    not limited to, software, operating protocols, computer
25    program abstracts, file layouts, source listings, object
26    modules, load modules, user guides, documentation

 

 

HB3413 Enrolled- 11 -LRB103 30307 RLC 56735 b

1    pertaining to all logical and physical design of
2    computerized systems, employee manuals, and any other
3    information that, if disclosed, would jeopardize the
4    security of the system or its data or the security of
5    materials exempt under this Section.
6        (p) Records relating to collective negotiating matters
7    between public bodies and their employees or
8    representatives, except that any final contract or
9    agreement shall be subject to inspection and copying.
10        (q) Test questions, scoring keys, and other
11    examination data used to determine the qualifications of
12    an applicant for a license or employment.
13        (r) The records, documents, and information relating
14    to real estate purchase negotiations until those
15    negotiations have been completed or otherwise terminated.
16    With regard to a parcel involved in a pending or actually
17    and reasonably contemplated eminent domain proceeding
18    under the Eminent Domain Act, records, documents, and
19    information relating to that parcel shall be exempt except
20    as may be allowed under discovery rules adopted by the
21    Illinois Supreme Court. The records, documents, and
22    information relating to a real estate sale shall be exempt
23    until a sale is consummated.
24        (s) Any and all proprietary information and records
25    related to the operation of an intergovernmental risk
26    management association or self-insurance pool or jointly

 

 

HB3413 Enrolled- 12 -LRB103 30307 RLC 56735 b

1    self-administered health and accident cooperative or pool.
2    Insurance or self-insurance self insurance (including any
3    intergovernmental risk management association or
4    self-insurance self insurance pool) claims, loss or risk
5    management information, records, data, advice, or
6    communications.
7        (t) Information contained in or related to
8    examination, operating, or condition reports prepared by,
9    on behalf of, or for the use of a public body responsible
10    for the regulation or supervision of financial
11    institutions, insurance companies, or pharmacy benefit
12    managers, unless disclosure is otherwise required by State
13    law.
14        (u) Information that would disclose or might lead to
15    the disclosure of secret or confidential information,
16    codes, algorithms, programs, or private keys intended to
17    be used to create electronic signatures under the Uniform
18    Electronic Transactions Act.
19        (v) Vulnerability assessments, security measures, and
20    response policies or plans that are designed to identify,
21    prevent, or respond to potential attacks upon a
22    community's population or systems, facilities, or
23    installations, but only to the extent that disclosure
24    could reasonably be expected to expose the vulnerability
25    or jeopardize the effectiveness of the measures, policies,
26    or plans, or the safety of the personnel who implement

 

 

HB3413 Enrolled- 13 -LRB103 30307 RLC 56735 b

1    them or the public. Information exempt under this item may
2    include such things as details pertaining to the
3    mobilization or deployment of personnel or equipment, to
4    the operation of communication systems or protocols, to
5    cybersecurity vulnerabilities, or to tactical operations.
6        (w) (Blank).
7        (x) Maps and other records regarding the location or
8    security of generation, transmission, distribution,
9    storage, gathering, treatment, or switching facilities
10    owned by a utility, by a power generator, or by the
11    Illinois Power Agency.
12        (y) Information contained in or related to proposals,
13    bids, or negotiations related to electric power
14    procurement under Section 1-75 of the Illinois Power
15    Agency Act and Section 16-111.5 of the Public Utilities
16    Act that is determined to be confidential and proprietary
17    by the Illinois Power Agency or by the Illinois Commerce
18    Commission.
19        (z) Information about students exempted from
20    disclosure under Section Sections 10-20.38 or 34-18.29 of
21    the School Code, and information about undergraduate
22    students enrolled at an institution of higher education
23    exempted from disclosure under Section 25 of the Illinois
24    Credit Card Marketing Act of 2009.
25        (aa) Information the disclosure of which is exempted
26    under the Viatical Settlements Act of 2009.

 

 

HB3413 Enrolled- 14 -LRB103 30307 RLC 56735 b

1        (bb) Records and information provided to a mortality
2    review team and records maintained by a mortality review
3    team appointed under the Department of Juvenile Justice
4    Mortality Review Team Act.
5        (cc) Information regarding interments, entombments, or
6    inurnments of human remains that are submitted to the
7    Cemetery Oversight Database under the Cemetery Care Act or
8    the Cemetery Oversight Act, whichever is applicable.
9        (dd) Correspondence and records (i) that may not be
10    disclosed under Section 11-9 of the Illinois Public Aid
11    Code or (ii) that pertain to appeals under Section 11-8 of
12    the Illinois Public Aid Code.
13        (ee) The names, addresses, or other personal
14    information of persons who are minors and are also
15    participants and registrants in programs of park
16    districts, forest preserve districts, conservation
17    districts, recreation agencies, and special recreation
18    associations.
19        (ff) The names, addresses, or other personal
20    information of participants and registrants in programs of
21    park districts, forest preserve districts, conservation
22    districts, recreation agencies, and special recreation
23    associations where such programs are targeted primarily to
24    minors.
25        (gg) Confidential information described in Section
26    1-100 of the Illinois Independent Tax Tribunal Act of

 

 

HB3413 Enrolled- 15 -LRB103 30307 RLC 56735 b

1    2012.
2        (hh) The report submitted to the State Board of
3    Education by the School Security and Standards Task Force
4    under item (8) of subsection (d) of Section 2-3.160 of the
5    School Code and any information contained in that report.
6        (ii) Records requested by persons committed to or
7    detained by the Department of Human Services under the
8    Sexually Violent Persons Commitment Act or committed to
9    the Department of Corrections under the Sexually Dangerous
10    Persons Act if those materials: (i) are available in the
11    library of the facility where the individual is confined;
12    (ii) include records from staff members' personnel files,
13    staff rosters, or other staffing assignment information;
14    or (iii) are available through an administrative request
15    to the Department of Human Services or the Department of
16    Corrections.
17        (jj) Confidential information described in Section
18    5-535 of the Civil Administrative Code of Illinois.
19        (kk) The public body's credit card numbers, debit card
20    numbers, bank account numbers, Federal Employer
21    Identification Number, security code numbers, passwords,
22    and similar account information, the disclosure of which
23    could result in identity theft or impression or defrauding
24    of a governmental entity or a person.
25        (ll) Records concerning the work of the threat
26    assessment team of a school district, including, but not

 

 

HB3413 Enrolled- 16 -LRB103 30307 RLC 56735 b

1    limited to, any threat assessment procedure under the
2    School Safety Drill Act and any information contained in
3    the procedure.
4        (mm) Information prohibited from being disclosed under
5    subsections (a) and (b) of Section 15 of the Student
6    Confidential Reporting Act.
7        (nn) (mm) Proprietary information submitted to the
8    Environmental Protection Agency under the Drug Take-Back
9    Act.
10        (oo) (mm) Records described in subsection (f) of
11    Section 3-5-1 of the Unified Code of Corrections.
12        (pp) Any and all information regarding burials,
13    interments, or entombments of human remains as required to
14    be reported to the Department of Natural Resources
15    pursuant either to the Archaeological and Paleontological
16    Resources Protection Act or the Human Remains Protection
17    Act.
18    (1.5) Any information exempt from disclosure under the
19Judicial Privacy Act shall be redacted from public records
20prior to disclosure under this Act.
21    (2) A public record that is not in the possession of a
22public body but is in the possession of a party with whom the
23agency has contracted to perform a governmental function on
24behalf of the public body, and that directly relates to the
25governmental function and is not otherwise exempt under this
26Act, shall be considered a public record of the public body,

 

 

HB3413 Enrolled- 17 -LRB103 30307 RLC 56735 b

1for purposes of this Act.
2    (3) This Section does not authorize withholding of
3information or limit the availability of records to the
4public, except as stated in this Section or otherwise provided
5in this Act.
6(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
7101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
86-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
9eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
10102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
1112-13-22.)
 
12    (Text of Section after amendment by P.A. 102-982)
13    Sec. 7. Exemptions.
14    (1) When a request is made to inspect or copy a public
15record that contains information that is exempt from
16disclosure under this Section, but also contains information
17that is not exempt from disclosure, the public body may elect
18to redact the information that is exempt. The public body
19shall make the remaining information available for inspection
20and copying. Subject to this requirement, the following shall
21be exempt from inspection and copying:
22        (a) Information specifically prohibited from
23    disclosure by federal or State law or rules and
24    regulations implementing federal or State law.
25        (b) Private information, unless disclosure is required

 

 

HB3413 Enrolled- 18 -LRB103 30307 RLC 56735 b

1    by another provision of this Act, a State or federal law,
2    or a court order.
3        (b-5) Files, documents, and other data or databases
4    maintained by one or more law enforcement agencies and
5    specifically designed to provide information to one or
6    more law enforcement agencies regarding the physical or
7    mental status of one or more individual subjects.
8        (c) Personal information contained within public
9    records, the disclosure of which would constitute a
10    clearly unwarranted invasion of personal privacy, unless
11    the disclosure is consented to in writing by the
12    individual subjects of the information. "Unwarranted
13    invasion of personal privacy" means the disclosure of
14    information that is highly personal or objectionable to a
15    reasonable person and in which the subject's right to
16    privacy outweighs any legitimate public interest in
17    obtaining the information. The disclosure of information
18    that bears on the public duties of public employees and
19    officials shall not be considered an invasion of personal
20    privacy.
21        (d) Records in the possession of any public body
22    created in the course of administrative enforcement
23    proceedings, and any law enforcement or correctional
24    agency for law enforcement purposes, but only to the
25    extent that disclosure would:
26            (i) interfere with pending or actually and

 

 

HB3413 Enrolled- 19 -LRB103 30307 RLC 56735 b

1        reasonably contemplated law enforcement proceedings
2        conducted by any law enforcement or correctional
3        agency that is the recipient of the request;
4            (ii) interfere with active administrative
5        enforcement proceedings conducted by the public body
6        that is the recipient of the request;
7            (iii) create a substantial likelihood that a
8        person will be deprived of a fair trial or an impartial
9        hearing;
10            (iv) unavoidably disclose the identity of a
11        confidential source, confidential information
12        furnished only by the confidential source, or persons
13        who file complaints with or provide information to
14        administrative, investigative, law enforcement, or
15        penal agencies; except that the identities of
16        witnesses to traffic crashes, traffic crash reports,
17        and rescue reports shall be provided by agencies of
18        local government, except when disclosure would
19        interfere with an active criminal investigation
20        conducted by the agency that is the recipient of the
21        request;
22            (v) disclose unique or specialized investigative
23        techniques other than those generally used and known
24        or disclose internal documents of correctional
25        agencies related to detection, observation, or
26        investigation of incidents of crime or misconduct, and

 

 

HB3413 Enrolled- 20 -LRB103 30307 RLC 56735 b

1        disclosure would result in demonstrable harm to the
2        agency or public body that is the recipient of the
3        request;
4            (vi) endanger the life or physical safety of law
5        enforcement personnel or any other person; or
6            (vii) obstruct an ongoing criminal investigation
7        by the agency that is the recipient of the request.
8        (d-5) A law enforcement record created for law
9    enforcement purposes and contained in a shared electronic
10    record management system if the law enforcement agency
11    that is the recipient of the request did not create the
12    record, did not participate in or have a role in any of the
13    events which are the subject of the record, and only has
14    access to the record through the shared electronic record
15    management system.
16        (d-6) Records contained in the Officer Professional
17    Conduct Database under Section 9.2 of the Illinois Police
18    Training Act, except to the extent authorized under that
19    Section. This includes the documents supplied to the
20    Illinois Law Enforcement Training Standards Board from the
21    Illinois State Police and Illinois State Police Merit
22    Board.
23        (e) Records that relate to or affect the security of
24    correctional institutions and detention facilities.
25        (e-5) Records requested by persons committed to the
26    Department of Corrections, Department of Human Services

 

 

HB3413 Enrolled- 21 -LRB103 30307 RLC 56735 b

1    Division of Mental Health, or a county jail if those
2    materials are available in the library of the correctional
3    institution or facility or jail where the inmate is
4    confined.
5        (e-6) Records requested by persons committed to the
6    Department of Corrections, Department of Human Services
7    Division of Mental Health, or a county jail if those
8    materials include records from staff members' personnel
9    files, staff rosters, or other staffing assignment
10    information.
11        (e-7) Records requested by persons committed to the
12    Department of Corrections or Department of Human Services
13    Division of Mental Health if those materials are available
14    through an administrative request to the Department of
15    Corrections or Department of Human Services Division of
16    Mental Health.
17        (e-8) Records requested by a person committed to the
18    Department of Corrections, Department of Human Services
19    Division of Mental Health, or a county jail, the
20    disclosure of which would result in the risk of harm to any
21    person or the risk of an escape from a jail or correctional
22    institution or facility.
23        (e-9) Records requested by a person in a county jail
24    or committed to the Department of Corrections or
25    Department of Human Services Division of Mental Health,
26    containing personal information pertaining to the person's

 

 

HB3413 Enrolled- 22 -LRB103 30307 RLC 56735 b

1    victim or the victim's family, including, but not limited
2    to, a victim's home address, home telephone number, work
3    or school address, work telephone number, social security
4    number, or any other identifying information, except as
5    may be relevant to a requester's current or potential case
6    or claim.
7        (e-10) Law enforcement records of other persons
8    requested by a person committed to the Department of
9    Corrections, Department of Human Services Division of
10    Mental Health, or a county jail, including, but not
11    limited to, arrest and booking records, mug shots, and
12    crime scene photographs, except as these records may be
13    relevant to the requester's current or potential case or
14    claim.
15        (f) Preliminary drafts, notes, recommendations,
16    memoranda, and other records in which opinions are
17    expressed, or policies or actions are formulated, except
18    that a specific record or relevant portion of a record
19    shall not be exempt when the record is publicly cited and
20    identified by the head of the public body. The exemption
21    provided in this paragraph (f) extends to all those
22    records of officers and agencies of the General Assembly
23    that pertain to the preparation of legislative documents.
24        (g) Trade secrets and commercial or financial
25    information obtained from a person or business where the
26    trade secrets or commercial or financial information are

 

 

HB3413 Enrolled- 23 -LRB103 30307 RLC 56735 b

1    furnished under a claim that they are proprietary,
2    privileged, or confidential, and that disclosure of the
3    trade secrets or commercial or financial information would
4    cause competitive harm to the person or business, and only
5    insofar as the claim directly applies to the records
6    requested.
7        The information included under this exemption includes
8    all trade secrets and commercial or financial information
9    obtained by a public body, including a public pension
10    fund, from a private equity fund or a privately held
11    company within the investment portfolio of a private
12    equity fund as a result of either investing or evaluating
13    a potential investment of public funds in a private equity
14    fund. The exemption contained in this item does not apply
15    to the aggregate financial performance information of a
16    private equity fund, nor to the identity of the fund's
17    managers or general partners. The exemption contained in
18    this item does not apply to the identity of a privately
19    held company within the investment portfolio of a private
20    equity fund, unless the disclosure of the identity of a
21    privately held company may cause competitive harm.
22        Nothing contained in this paragraph (g) shall be
23    construed to prevent a person or business from consenting
24    to disclosure.
25        (h) Proposals and bids for any contract, grant, or
26    agreement, including information which if it were

 

 

HB3413 Enrolled- 24 -LRB103 30307 RLC 56735 b

1    disclosed would frustrate procurement or give an advantage
2    to any person proposing to enter into a contractor
3    agreement with the body, until an award or final selection
4    is made. Information prepared by or for the body in
5    preparation of a bid solicitation shall be exempt until an
6    award or final selection is made.
7        (i) Valuable formulae, computer geographic systems,
8    designs, drawings, and research data obtained or produced
9    by any public body when disclosure could reasonably be
10    expected to produce private gain or public loss. The
11    exemption for "computer geographic systems" provided in
12    this paragraph (i) does not extend to requests made by
13    news media as defined in Section 2 of this Act when the
14    requested information is not otherwise exempt and the only
15    purpose of the request is to access and disseminate
16    information regarding the health, safety, welfare, or
17    legal rights of the general public.
18        (j) The following information pertaining to
19    educational matters:
20            (i) test questions, scoring keys, and other
21        examination data used to administer an academic
22        examination;
23            (ii) information received by a primary or
24        secondary school, college, or university under its
25        procedures for the evaluation of faculty members by
26        their academic peers;

 

 

HB3413 Enrolled- 25 -LRB103 30307 RLC 56735 b

1            (iii) information concerning a school or
2        university's adjudication of student disciplinary
3        cases, but only to the extent that disclosure would
4        unavoidably reveal the identity of the student; and
5            (iv) course materials or research materials used
6        by faculty members.
7        (k) Architects' plans, engineers' technical
8    submissions, and other construction related technical
9    documents for projects not constructed or developed in
10    whole or in part with public funds and the same for
11    projects constructed or developed with public funds,
12    including, but not limited to, power generating and
13    distribution stations and other transmission and
14    distribution facilities, water treatment facilities,
15    airport facilities, sport stadiums, convention centers,
16    and all government owned, operated, or occupied buildings,
17    but only to the extent that disclosure would compromise
18    security.
19        (l) Minutes of meetings of public bodies closed to the
20    public as provided in the Open Meetings Act until the
21    public body makes the minutes available to the public
22    under Section 2.06 of the Open Meetings Act.
23        (m) Communications between a public body and an
24    attorney or auditor representing the public body that
25    would not be subject to discovery in litigation, and
26    materials prepared or compiled by or for a public body in

 

 

HB3413 Enrolled- 26 -LRB103 30307 RLC 56735 b

1    anticipation of a criminal, civil, or administrative
2    proceeding upon the request of an attorney advising the
3    public body, and materials prepared or compiled with
4    respect to internal audits of public bodies.
5        (n) Records relating to a public body's adjudication
6    of employee grievances or disciplinary cases; however,
7    this exemption shall not extend to the final outcome of
8    cases in which discipline is imposed.
9        (o) Administrative or technical information associated
10    with automated data processing operations, including, but
11    not limited to, software, operating protocols, computer
12    program abstracts, file layouts, source listings, object
13    modules, load modules, user guides, documentation
14    pertaining to all logical and physical design of
15    computerized systems, employee manuals, and any other
16    information that, if disclosed, would jeopardize the
17    security of the system or its data or the security of
18    materials exempt under this Section.
19        (p) Records relating to collective negotiating matters
20    between public bodies and their employees or
21    representatives, except that any final contract or
22    agreement shall be subject to inspection and copying.
23        (q) Test questions, scoring keys, and other
24    examination data used to determine the qualifications of
25    an applicant for a license or employment.
26        (r) The records, documents, and information relating

 

 

HB3413 Enrolled- 27 -LRB103 30307 RLC 56735 b

1    to real estate purchase negotiations until those
2    negotiations have been completed or otherwise terminated.
3    With regard to a parcel involved in a pending or actually
4    and reasonably contemplated eminent domain proceeding
5    under the Eminent Domain Act, records, documents, and
6    information relating to that parcel shall be exempt except
7    as may be allowed under discovery rules adopted by the
8    Illinois Supreme Court. The records, documents, and
9    information relating to a real estate sale shall be exempt
10    until a sale is consummated.
11        (s) Any and all proprietary information and records
12    related to the operation of an intergovernmental risk
13    management association or self-insurance pool or jointly
14    self-administered health and accident cooperative or pool.
15    Insurance or self-insurance self insurance (including any
16    intergovernmental risk management association or
17    self-insurance self insurance pool) claims, loss or risk
18    management information, records, data, advice, or
19    communications.
20        (t) Information contained in or related to
21    examination, operating, or condition reports prepared by,
22    on behalf of, or for the use of a public body responsible
23    for the regulation or supervision of financial
24    institutions, insurance companies, or pharmacy benefit
25    managers, unless disclosure is otherwise required by State
26    law.

 

 

HB3413 Enrolled- 28 -LRB103 30307 RLC 56735 b

1        (u) Information that would disclose or might lead to
2    the disclosure of secret or confidential information,
3    codes, algorithms, programs, or private keys intended to
4    be used to create electronic signatures under the Uniform
5    Electronic Transactions Act.
6        (v) Vulnerability assessments, security measures, and
7    response policies or plans that are designed to identify,
8    prevent, or respond to potential attacks upon a
9    community's population or systems, facilities, or
10    installations, but only to the extent that disclosure
11    could reasonably be expected to expose the vulnerability
12    or jeopardize the effectiveness of the measures, policies,
13    or plans, or the safety of the personnel who implement
14    them or the public. Information exempt under this item may
15    include such things as details pertaining to the
16    mobilization or deployment of personnel or equipment, to
17    the operation of communication systems or protocols, to
18    cybersecurity vulnerabilities, or to tactical operations.
19        (w) (Blank).
20        (x) Maps and other records regarding the location or
21    security of generation, transmission, distribution,
22    storage, gathering, treatment, or switching facilities
23    owned by a utility, by a power generator, or by the
24    Illinois Power Agency.
25        (y) Information contained in or related to proposals,
26    bids, or negotiations related to electric power

 

 

HB3413 Enrolled- 29 -LRB103 30307 RLC 56735 b

1    procurement under Section 1-75 of the Illinois Power
2    Agency Act and Section 16-111.5 of the Public Utilities
3    Act that is determined to be confidential and proprietary
4    by the Illinois Power Agency or by the Illinois Commerce
5    Commission.
6        (z) Information about students exempted from
7    disclosure under Section Sections 10-20.38 or 34-18.29 of
8    the School Code, and information about undergraduate
9    students enrolled at an institution of higher education
10    exempted from disclosure under Section 25 of the Illinois
11    Credit Card Marketing Act of 2009.
12        (aa) Information the disclosure of which is exempted
13    under the Viatical Settlements Act of 2009.
14        (bb) Records and information provided to a mortality
15    review team and records maintained by a mortality review
16    team appointed under the Department of Juvenile Justice
17    Mortality Review Team Act.
18        (cc) Information regarding interments, entombments, or
19    inurnments of human remains that are submitted to the
20    Cemetery Oversight Database under the Cemetery Care Act or
21    the Cemetery Oversight Act, whichever is applicable.
22        (dd) Correspondence and records (i) that may not be
23    disclosed under Section 11-9 of the Illinois Public Aid
24    Code or (ii) that pertain to appeals under Section 11-8 of
25    the Illinois Public Aid Code.
26        (ee) The names, addresses, or other personal

 

 

HB3413 Enrolled- 30 -LRB103 30307 RLC 56735 b

1    information of persons who are minors and are also
2    participants and registrants in programs of park
3    districts, forest preserve districts, conservation
4    districts, recreation agencies, and special recreation
5    associations.
6        (ff) The names, addresses, or other personal
7    information of participants and registrants in programs of
8    park districts, forest preserve districts, conservation
9    districts, recreation agencies, and special recreation
10    associations where such programs are targeted primarily to
11    minors.
12        (gg) Confidential information described in Section
13    1-100 of the Illinois Independent Tax Tribunal Act of
14    2012.
15        (hh) The report submitted to the State Board of
16    Education by the School Security and Standards Task Force
17    under item (8) of subsection (d) of Section 2-3.160 of the
18    School Code and any information contained in that report.
19        (ii) Records requested by persons committed to or
20    detained by the Department of Human Services under the
21    Sexually Violent Persons Commitment Act or committed to
22    the Department of Corrections under the Sexually Dangerous
23    Persons Act if those materials: (i) are available in the
24    library of the facility where the individual is confined;
25    (ii) include records from staff members' personnel files,
26    staff rosters, or other staffing assignment information;

 

 

HB3413 Enrolled- 31 -LRB103 30307 RLC 56735 b

1    or (iii) are available through an administrative request
2    to the Department of Human Services or the Department of
3    Corrections.
4        (jj) Confidential information described in Section
5    5-535 of the Civil Administrative Code of Illinois.
6        (kk) The public body's credit card numbers, debit card
7    numbers, bank account numbers, Federal Employer
8    Identification Number, security code numbers, passwords,
9    and similar account information, the disclosure of which
10    could result in identity theft or impression or defrauding
11    of a governmental entity or a person.
12        (ll) Records concerning the work of the threat
13    assessment team of a school district, including, but not
14    limited to, any threat assessment procedure under the
15    School Safety Drill Act and any information contained in
16    the procedure.
17        (mm) Information prohibited from being disclosed under
18    subsections (a) and (b) of Section 15 of the Student
19    Confidential Reporting Act.
20        (nn) (mm) Proprietary information submitted to the
21    Environmental Protection Agency under the Drug Take-Back
22    Act.
23        (oo) (mm) Records described in subsection (f) of
24    Section 3-5-1 of the Unified Code of Corrections.
25        (pp) Any and all information regarding burials,
26    interments, or entombments of human remains as required to

 

 

HB3413 Enrolled- 32 -LRB103 30307 RLC 56735 b

1    be reported to the Department of Natural Resources
2    pursuant either to the Archaeological and Paleontological
3    Resources Protection Act or the Human Remains Protection
4    Act.
5    (1.5) Any information exempt from disclosure under the
6Judicial Privacy Act shall be redacted from public records
7prior to disclosure under this Act.
8    (2) A public record that is not in the possession of a
9public body but is in the possession of a party with whom the
10agency has contracted to perform a governmental function on
11behalf of the public body, and that directly relates to the
12governmental function and is not otherwise exempt under this
13Act, shall be considered a public record of the public body,
14for purposes of this Act.
15    (3) This Section does not authorize withholding of
16information or limit the availability of records to the
17public, except as stated in this Section or otherwise provided
18in this Act.
19(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
20101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
216-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
22eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
23102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
246-10-22; revised 12-13-22.)
 
25    Section 15. The Seizure and Forfeiture Reporting Act is

 

 

HB3413 Enrolled- 33 -LRB103 30307 RLC 56735 b

1amended by changing Section 5 as follows:
 
2    (5 ILCS 810/5)
3    Sec. 5. Applicability. This Act is applicable to property
4seized or forfeited under the following provisions of law:
5        (1) Section 3.23 of the Illinois Food, Drug and
6    Cosmetic Act;
7        (2) Section 44.1 of the Environmental Protection Act;
8        (3) Section 105-55 of the Herptiles-Herps Act;
9        (4) Section 1-215 of the Fish and Aquatic Life Code;
10        (5) Section 1.25 of the Wildlife Code;
11        (6) Section 17-10.6 of the Criminal Code of 2012
12    (financial institution fraud);
13        (7) Section 28-5 of the Criminal Code of 2012
14    (gambling);
15        (8) Article 29B of the Criminal Code of 2012 (money
16    laundering);
17        (9) Article 33G of the Criminal Code of 2012 (Illinois
18    Street Gang and Racketeer Influenced And Corrupt
19    Organizations Law);
20        (10) Article 36 of the Criminal Code of 2012 (seizure
21    and forfeiture of vessels, vehicles, and aircraft);
22        (11) Section 47-15 of the Criminal Code of 2012
23    (dumping garbage upon real property);
24        (12) Article 124B of the Code of Criminal Procedure of
25    1963 (forfeiture);

 

 

HB3413 Enrolled- 34 -LRB103 30307 RLC 56735 b

1        (13) the Drug Asset Forfeiture Procedure Act;
2        (14) the Narcotics Profit Forfeiture Act;
3        (15) the Illinois Streetgang Terrorism Omnibus
4    Prevention Act; and
5        (16) the Illinois Securities Law of 1953; .
6        (17) the Archaeological and Paleontological Resources
7    Protection Act; and
8        (18) the Human Remains Protection Act.
9(Source: P.A. 102-558, eff. 8-20-21.)
 
10    Section 20. The Archaeological and Paleontological
11Resources Protection Act is amended by changing Sections .02,
123, 5, 7, 8, 10, and 11 and by adding Section 12 as follows:
 
13    (20 ILCS 3435/.02)  (from Ch. 127, par. 133c.02)
14    Sec. .02. Definitions. For purposes of this Act:
15    (a) "Archaeological resource" means any significant
16material remains or localities of past human life or
17activities on public land, including but not limited to
18artifacts, historic and prehistoric human skeletal remains,
19mounds, earthworks, shipwrecks, forts, village sites or mines.
20    (b) "Department" means the Department of Natural
21Resources.
22    "Disturb" includes defacing, mutilating, injuring,
23exposing, removing, destroying, desecrating or molesting in
24any way.

 

 

HB3413 Enrolled- 35 -LRB103 30307 RLC 56735 b

1    "Human remains" include the bones and decomposed fleshy
2parts of a deceased human body.
3    (c) "Paleontological resource" means any significant
4fossil or material remains on public lands including traces or
5impressions of animals or plants that occur as part of the
6geological record that are known and are included in the files
7maintained by the Department Illinois State Museum under
8Section 10.
9    (d) "Person" means any natural individual, firm, trust,
10estate, partnership, association, joint stock company, joint
11venture, corporation or a receiver, trustee, guardian or other
12representative appointed by order of any court, the federal
13and State governments, including State universities created by
14statute or any city, town, county or other political
15subdivision of this State.
16    (e) "Public land" means any land owned, but does not
17include land leased as lessee, by the State of Illinois or its
18agencies, a State university created by statute, a
19municipality or a unit of local government.
20(Source: P.A. 86-459; 86-707.)
 
21    (20 ILCS 3435/3)  (from Ch. 127, par. 133c3)
22    Sec. 3. Permits.
23    (a) It is unlawful for any person, either by himself or
24through an agent, to knowingly explore, excavate, possess, or
25collect any of the archaeological or paleontological resources

 

 

HB3413 Enrolled- 36 -LRB103 30307 RLC 56735 b

1protected by this Act, unless such person obtains a permit
2issued by the Department of Natural Resources.
3    (b) It is unlawful for any person, either by himself or
4through an agent, to knowingly disturb any archaeological or
5paleontological resource protected under this Act.
6    (c) It is unlawful for any person, either by himself or
7through an agent, to offer any object for sale or exchange with
8the knowledge that it has been previously collected or
9excavated in violation of this Act.
10(Source: P.A. 100-695, eff. 8-3-18.)
 
11    (20 ILCS 3435/5)  (from Ch. 127, par. 133c5)
12    Sec. 5. Penalties. Any violation of Section 3 not
13involving the disturbance of human skeletal remains is a Class
14A misdemeanor and the violator shall also be subject to
15imprisonment and a fine not in excess of $5,000; any
16subsequent violation is a Class 4 felony. Any violation of
17Section 3 involving disturbance of human skeletal remains is a
18Class 4 felony. Each disturbance of an archaeological site or
19a paleontological site shall constitute a single offense.
20Persons convicted of a violation of Section 3 shall also be
21ordered to pay restitution. Such restitution is liable for
22civil damages to be assessed by the circuit court land
23managing agency and the Department of Natural Resources.
24Restitution Civil damages may include, but is not limited to:
25        (a) (blank); forfeiture of any and all equipment used

 

 

HB3413 Enrolled- 37 -LRB103 30307 RLC 56735 b

1    in acquiring the protected material;
2        (b) any and all costs incurred in cleaning, restoring,
3    analyzing, accessioning and curating the recovered
4    materials;
5        (c) any and all costs associated with restoring the
6    land to its original contour;
7        (d) any and all costs associated with recovery of data
8    and analyzing, publishing, accessioning and curating
9    materials when the prohibited activity is so extensive as
10    to preclude the restoration of the archaeological or
11    paleontological site;
12        (e) any and all costs associated with the
13    determination and collection of restitution the civil
14    damages.
15    When restitution is ordered in a case that is prosecuted
16by civil damages are recovered through the Attorney General,
17all restitution the proceeds shall be deposited into the
18Historic Sites Fund; when restitution is ordered in a case
19that is prosecuted by civil damages are recovered through the
20State's Attorney, the proceeds shall be deposited into the
21county fund designated by the county board.
22(Source: P.A. 100-695, eff. 8-3-18.)
 
23    (20 ILCS 3435/7)  (from Ch. 127, par. 133c7)
24    Sec. 7. Property of the State; Department management. All
25materials and associated records remain the property of the

 

 

HB3413 Enrolled- 38 -LRB103 30307 RLC 56735 b

1State and are managed by the Department Illinois State Museum.
2The Illinois State Museum, in consultation with the Department
3of Natural Resources, is authorized to establish long-term
4curation agreements with Tribal Nations, universities, museums
5and other organizations.
6(Source: P.A. 100-695, eff. 8-3-18.)
 
7    (20 ILCS 3435/8)  (from Ch. 127, par. 133c8)
8    Sec. 8. Department exempt from permit requirements.
9    (a) The Department Illinois State Museum shall be exempt
10from the permit requirements established by this Act for lands
11under its direct management but shall register that
12exploration with the Department of Natural Resources; such
13registration shall include the information required under
14subsection (c) of Section 6.
15    (b) Any agency or department of the State of Illinois
16which has on its staff a professional archaeologist or
17paleontologist who meets the minimum qualifications
18established in Section 9 and which has in effect a memorandum
19of agreement with the Department of Natural Resources for the
20protection, preservation and management of archaeological and
21paleontological resources shall be exempt from the permit
22requirements established by this Act.
23    (c) Activities reviewed by the Department of Natural
24Resources pursuant to Section 106 of the National Historic
25Preservation Act (16 U.S.C. 470f) shall be exempt from these

 

 

HB3413 Enrolled- 39 -LRB103 30307 RLC 56735 b

1permitting requirements.
2    (d) Where a local government's activities are funded in
3whole or in part by a State agency and the funded activities
4are supervised or controlled by the State agency, the local
5government shall be exempt from the permit requirements
6established by this Act to the same extent that the State
7agency is exempt. The State agency shall be responsible for
8undertaking or causing to be undertaken any steps necessary to
9comply with this Act for those local government actions so
10exempted.
11(Source: P.A. 100-695, eff. 8-3-18.)
 
12    (20 ILCS 3435/10)  (from Ch. 127, par. 133c10)
13    Sec. 10. Files containing information on known
14archaeological and paleontological sites. The Illinois State
15Museum, in cooperation with the Department of Natural
16Resources, shall develop and maintain files containing
17information on known archaeological and paleontological sites
18in the State, whether on State controlled or privately owned
19property. The Department of Natural Resources shall ensure the
20safety of those sites by promulgating regulations limiting
21access to those files as necessary.
22(Source: P.A. 100-695, eff. 8-3-18.)
 
23    (20 ILCS 3435/11)  (from Ch. 127, par. 133c11)
24    Sec. 11. Violation of administrative rules. The Department

 

 

HB3413 Enrolled- 40 -LRB103 30307 RLC 56735 b

1of Natural Resources, in consultation with other State
2agencies and Departments that own or control land, shall
3promulgate such regulations as may be necessary to carry out
4the purposes of this Act.
5    It is unlawful to violate any administrative rule
6promulgated pursuant to this Act. A violation of
7administrative rules promulgated pursuant to this Act is a
8Class B misdemeanor.
9(Source: P.A. 100-695, eff. 8-3-18.)
 
10    (20 ILCS 3435/12 new)
11    Sec. 12. Seizure.
12    (a) Every device, equipment, tool, vehicle or conveyance,
13when used or operated illegally, or attempted to be used or
14operated illegally by any person in taking, transporting,
15holding, disturbing, exploring, excavating, collecting or
16conveying any archaeological or paleontological resources,
17contrary to the provisions of this Act, including
18administrative rules, is a public nuisance and subject to
19seizure and confiscation by any authorized employee of the
20Department; upon the seizure of such item the Department shall
21take and hold the same until disposed of as hereinafter
22provided.
23    (b) Upon the seizure of any property as herein provided,
24the authorized employee of the Department making such seizure
25shall forthwith cause a complaint to be filed before the

 

 

HB3413 Enrolled- 41 -LRB103 30307 RLC 56735 b

1circuit court and a summons to be issued requiring the person
2who illegally used or operated or attempted to use or operate
3such property and the owner and person in possession of such
4property to appear in court and show cause why the property
5seized should not be forfeited to the State. Upon the return of
6the summons duly served or other notice as herein provided,
7the court shall proceed to determine the question of the
8illegality of the use of the seized property and upon judgment
9being entered to the effect that such property was illegally
10used, an order may be entered providing for the forfeiture of
11such seized property to the Department and shall thereupon
12become the property of the Department; but the owner of such
13property may have a jury determine the illegality of its use,
14and shall have the right of an appeal, as in other cases. Such
15confiscation or forfeiture shall not preclude or mitigate
16against prosecution and assessment of penalties otherwise
17provided in this Act.
18    (c) Upon seizure of any property under circumstances
19supporting a reasonable belief that such property was
20abandoned, lost or stolen or otherwise illegally possessed or
21used contrary to the provisions of this Act, except property
22seized during a search or arrest, and ultimately returned,
23destroyed, or otherwise disposed of pursuant to order of a
24court in accordance with this Act, the Department shall make
25reasonable inquiry and efforts to identify and notify the
26owner or other person entitled to possession thereof, and

 

 

HB3413 Enrolled- 42 -LRB103 30307 RLC 56735 b

1shall return the property after such person provides
2reasonable and satisfactory proof of his ownership or right to
3possession and reimburses the Department for all reasonable
4expenses of such custody. If the identity or location of the
5owner or other person entitled to possession of the property
6has not been ascertained within 6 months after the Department
7obtains such possession, the Department shall effectuate the
8sale of the property for cash to the highest bidder at a public
9auction. The owner or other person entitled to possession of
10such property may claim and recover possession of the property
11at any time before its sale at public auction, upon providing
12reasonable and satisfactory proof of ownership or right of
13possession and reimbursing the Department for all reasonable
14expenses of custody thereof.
15    (d) Any property forfeited to the State by court order
16pursuant to this Section may be disposed of by public auction,
17except that any property which is the subject of such a court
18order shall not be disposed of pending appeal of the order. The
19proceeds of the sales at auction shall be deposited in the
20Historic Sites Fund.
21    (e) The Department shall pay all costs of notices required
22by this Section.
23    Property seized or forfeited under this Section is subject
24to reporting under the Seizure and Forfeiture Reporting Act.
25    (f) This Section does not apply to archaeological or
26paleontological resources that were recovered by the

 

 

HB3413 Enrolled- 43 -LRB103 30307 RLC 56735 b

1Department or other law enforcement agency during an
2investigation of a violation of this Act.
 
3    Section 25. The Human Skeletal Remains Protection Act is
4amended by changing Sections 0.01, 1, 2, 3, 4, 6, 8, 9, 10, 12,
513, 14, 15, and 16 and by adding Sections 3.5, 16.1, 16.2, and
616.3 as follows:
 
7    (20 ILCS 3440/0.01)  (from Ch. 127, par. 2660)
8    Sec. 0.01. Short title. This Act may be cited as the Human
9Skeletal Remains Protection Act.
10(Source: P.A. 86-1324.)
 
11    (20 ILCS 3440/1)  (from Ch. 127, par. 2661)
12    Sec. 1. Definitions. For the purposes of this Act:
13    "Department" means the Department of Natural Resources.
14    "Disturb" or "disturbance" includes excavating, removing,
15exposing, probing, defacing, mutilating, destroying,
16molesting, or desecrating in any way human remains,
17unregistered graves, grave artifacts, and grave markers.
18    "Encounter" means to come upon human remains, grave
19artifacts, grave markers, or unregistered graves at a location
20where such viewing was not expected or anticipated.
21    "Grave artifacts" means any item of human manufacture or
22use that is associated with the human remains in an
23unregistered grave.

 

 

HB3413 Enrolled- 44 -LRB103 30307 RLC 56735 b

1    "Grave markers" means any tomb, monument, stone, ornament,
2mound, or other item of human manufacture that is associated
3with an unregistered grave.
4    (a) "Human skeletal remains" include the bones and
5decomposed fleshy parts of a deceased human body.
6    "Person" means any natural individual, firm, trust,
7estate, partnership, association, joint stock company, joint
8venture, limited-liability company, corporation or a receiver,
9trustee, guardian or other representatives appointed by order
10of any court, the Federal and State governments, including
11State Universities created by statute or any city, town,
12county or other political subdivision of this State.
13    "Tribal consultation" means a form of communication
14centered in trust, respect and shared responsibility that
15upholds Tribal sovereignty. It is a free and open process
16where the exchange of information and opinions are shared
17among the participating parties.
18    "Undertaking" means any project, activity, or construction
19that can result in changes to, disturbance of, moving, or
20destruction of human remains, grave artifacts, grave markers
21or unregistered graves.
22    (b) "Unregistered grave graves" means are any grave graves
23or location locations where a human body has been buried or
24deposited; is over 100 years old; and is not in a cemetery
25registered with or licensed by the State Comptroller under the
26Cemetery Care Act or under the authority of the Illinois

 

 

HB3413 Enrolled- 45 -LRB103 30307 RLC 56735 b

1Department of Financial and Professional Regulation pursuant
2to the Cemetery Oversight Act, whichever is applicable.
3    (c) "Grave artifacts" are any item of human manufacture or
4use that is associated with the human skeletal remains in an
5unregistered grave.
6    (d) "Grave markers" are any tomb, monument, stone,
7ornament, mound, or other item of human manufacture that is
8associated with an unregistered grave.
9    (e) "Person" means any natural individual, firm, trust,
10estate, partnership, association, joint stock company, joint
11venture, corporation or a receiver, trustee, guardian or other
12representatives appointed by order of any court, the Federal
13and State governments, including State Universities created by
14statute or any city, town, county or other political
15subdivision of this State.
16    (f) "Disturb" includes excavating, removing, exposing,
17defacing, mutilating, destroying, molesting, or desecrating in
18any way human skeletal remains, unregistered graves, and grave
19markers.
20(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
21    (20 ILCS 3440/2)  (from Ch. 127, par. 2662)
22    Sec. 2. Legislative finding and intentions. The General
23Assembly finds that existing laws do not provide equal or
24adequate protection for all human graves. There is a real and
25growing threat to the safety and sanctity of unregistered and

 

 

HB3413 Enrolled- 46 -LRB103 30307 RLC 56735 b

1unmarked graves. Numerous incidents in Illinois have resulted
2in the desecration of human remains and vandalism to graves
3and grave markers. Similar incidents have occurred in
4neighboring states and as a result those states have increased
5their criminal penalties for such conduct. Strong and
6meaningful relationships between the State of Illinois and
7tribal nations geographically and culturally affiliated to the
8land now known as the State of Illinois must be cultivated.
9There is a strong likelihood that persons engaged for personal
10or financial gain in the mining of prehistoric and historic
11Indian, pioneer, and Civil War veteran's graves will move
12their operations to Illinois to avoid the increased penalties
13being imposed in neighboring states. There is an immediate
14need for legislation to protect the graves of Native Americans
15and any other peoples geographically and culturally affiliated
16to the land now known as the State of Illinois these earlier
17Illinoisans from such desecration. The General Assembly
18intends to assure with this Act that all human burials be
19accorded equal treatment and respect for human dignity without
20reference to ethnic origins, cultural backgrounds or religious
21affiliations.
22    The General Assembly finds that the intentional looting
23of, desecration of, or profiting from human remains and
24mortuary objects are deplorable actions that must be
25prohibited. When human remains and unregistered graves are
26unintentionally encountered, they must be treated with respect

 

 

HB3413 Enrolled- 47 -LRB103 30307 RLC 56735 b

1and in accordance with law. This Act is not intended The
2General Assembly also finds that those persons engaged in the
3scientific study or collecting of artifacts which have not
4been acquired in violation of law are engaged in legitimate
5and worthy scientific, educational and recreational
6activities. This Act is not intended to interfere with the
7continued legitimate collecting activities or studies of such
8persons; nor is it intended to interfere with the normal
9enjoyment of private property owners, farmers, or those
10engaged in the development, mining or improvement of real
11property.
12(Source: P.A. 95-331, eff. 8-21-07.)
 
13    (20 ILCS 3440/3)  (from Ch. 127, par. 2663)
14    Sec. 3. Notification to coroner and Department. Any person
15who encounters discovers human skeletal remains subject to
16this Act shall promptly notify the coroner and shall notify
17the Department within 48 hours of the encounter. Any person
18who knowingly fails to report such an encounter as required by
19this section a discovery within 48 hours is guilty of a Class C
20misdemeanor, unless such person has reasonable cause to
21believe that the coroner and the Department had already been
22so notified. If the human skeletal remains appear to be from an
23unregistered grave, the coroner shall promptly notify the
24Department of Natural Resources prior to their removal.
25Nothing in this Act shall be construed to apply to human

 

 

HB3413 Enrolled- 48 -LRB103 30307 RLC 56735 b

1skeletal remains subject to "An Act to revise the law in
2relation to coroners".
3(Source: P.A. 100-695, eff. 8-3-18.)
 
4    (20 ILCS 3440/3.5 new)
5    Sec. 3.5. Encounter procedure. When an undertaking
6encounters human remains, unregistered graves, grave markers,
7or grave artifacts, all activities shall cease within a
8100-foot radius of the encounter. The encountering party shall
9notify the coroner and the Department as required in Section
103. If the coroner determines that the human remains are not
11over 100 years old, no further action is required under this
12Act. If the coroner does determine that the human remains are
13over 100 years old, the Department shall review the
14undertaking and may issue a permit pursuant to Section 13.
15During its review, if it is determined by the Department that
16the human remains, unregistered grave, grave marker, or grave
17artifact are Native American in origin, the Department shall
18conduct tribal consultation with the tribal nations that
19identify as having or having had a historical, cultural, or
20geographic affiliation on the land where the undertaking will
21occur.
 
22    (20 ILCS 3440/4)  (from Ch. 127, par. 2664)
23    Sec. 4. Disturbing human remains.
24    (a) It is unlawful for any person, either by himself or

 

 

HB3413 Enrolled- 49 -LRB103 30307 RLC 56735 b

1through an agent, to knowingly or recklessly disturb or to
2knowingly or recklessly allow the disturbance of human
3skeletal remains, unregistered graves, grave markers, or and
4grave artifacts that originated from any land that is now part
5of the State of Illinois and in unregistered graves protected
6by this Act unless such disturbance is authorized by person
7obtains a permit issued by the Department of Natural
8Resources. A violation of this Section is a Class 4 felony.
9    (b) This Section does not apply to:
10        (1) persons employed by or agents of a county medical
11    examiner's office or coroner's office acting within the
12    scope of their employment;
13        (2) the acts of a licensed funeral director or
14    embalmer while performing acts authorized by the Funeral
15    Directors and Embalmers Licensing Code;
16        (3) cemeteries and cemetery personnel while performing
17    acts pursuant to a bona fide request from the involved
18    cemetery consumer or his or her heirs, or pursuant to an
19    interment or disinterment permit or a court order, or as
20    authorized under Section 14.5 of the Cemetery Protection
21    Act, or any other actions legally authorized for cemetery
22    employees;
23        (4) the acts of emergency medical personnel or
24    physicians performed in good faith and according to the
25    usual and customary standards of medical practice in an
26    attempt to resuscitate a life;

 

 

HB3413 Enrolled- 50 -LRB103 30307 RLC 56735 b

1        (5) physicians licensed to practice medicine in all of
2    its branches or holding a visiting professor, physician,
3    or resident permit under the Medical Practice Act of 1987,
4    performing acts in accordance with usual and customary
5    standards of medical practice, or a currently enrolled
6    student in an accredited medical school in furtherance of
7    his or her education at the accredited medical school;
8        (6) removing or carrying away human remains by the
9    employees, independent contractors, or other persons
10    designated by the federally designated organ procurement
11    agency engaged in the organ and tissue procurement
12    process; or
13        (7) Department employees in the course of their
14    official duties pursuant to this Act.
15(Source: P.A. 100-695, eff. 8-3-18.)
 
16    (20 ILCS 3440/6)  (from Ch. 127, par. 2666)
17    Sec. 6. Violations.
18    (a) It is unlawful for any person, either by himself or
19through an agent, to knowingly or recklessly:
20        (1) charge admission or a fee to observe;
21        (2) sell;
22        (3) purchase; or
23        (4) transport for sale or to a location that will
24    charge admission or a fee to observe any human remains,
25    grave artifacts, or grave markers that are Native American

 

 

HB3413 Enrolled- 51 -LRB103 30307 RLC 56735 b

1    in origin or that originated from any land that is now part
2    of the State of Illinois.
3    A person who violates this Section commits a Class A
4misdemeanor for a first violation and a Class 4 felony for a
5second or subsequent violation offer any human skeletal
6remains, grave artifacts or grave markers for sale or exchange
7with the knowledge that they have been collected or excavated
8in violation of this Act.
9    (b) This Section does not apply to:
10        (1) the acts of a licensed funeral director or
11    embalmer while performing acts authorized by the Funeral
12    Directors and Embalmers Licensing Code; or
13        (2) cemeteries and cemetery personnel while performing
14    acts pursuant to a bona fide request from the involved
15    cemetery consumer or his or her heirs, or pursuant to an
16    interment or disinterment permit or a court order, or as
17    authorized under Section 14.5 of the Cemetery Protection
18    Act, or any other actions legally authorized for cemetery
19    employees.
20(Source: P.A. 86-151.)
 
21    (20 ILCS 3440/8)  (from Ch. 127, par. 2668)
22    Sec. 8. Duties of the State's Attorney and Attorney
23General. The State's Attorney of the county in which a
24violation of Sections 4, 5, 6, or 7 of this Act or
25administrative rules is alleged to have occurred, or the

 

 

HB3413 Enrolled- 52 -LRB103 30307 RLC 56735 b

1Attorney General, may be requested by the Department Director
2of Natural Resources to initiate criminal prosecutions and or
3to seek restitution, civil damages, injunctive relief and any
4other appropriate relief. The Department of Natural Resources
5shall co-operate with the State's Attorney or the Attorney
6General. Persons wishing to report aware of any violations of
7this Act shall contact the Department of Natural Resources.
8(Source: P.A. 100-695, eff. 8-3-18.)
 
9    (20 ILCS 3440/9)  (from Ch. 127, par. 2669)
10    Sec. 9. Rewards for information leading to arrest of
11violators of the Act. The Department of Natural Resources is
12authorized to offer a reward of up to $5,000 $2000 for
13information leading to the arrest and conviction of persons
14who violate Sections 4, 5, 6, and 7 of this Act.
15(Source: P.A. 100-695, eff. 8-3-18.)
 
16    (20 ILCS 3440/10)  (from Ch. 127, par. 2670)
17    Sec. 10. Penalties. Any violation of Sections 4, 6 or 7 of
18this Act, unless otherwise specified, is a Class A misdemeanor
19for a first violation and a Class 4 felony for a second or
20subsequent violation. Any violation of administrative rules
21adopted under this Act is a Class B misdemeanor and the
22violator shall be subject to imprisonment for not more than 1
23year and a fine not in excess of $10,000; any subsequent
24violation is a Class 4 felony. Each disturbance of human

 

 

HB3413 Enrolled- 53 -LRB103 30307 RLC 56735 b

1remains, an unregistered graves, grave markers, or grave
2artifacts grave constitutes a separate offense.
3(Source: P.A. 86-151.)
 
4    (20 ILCS 3440/12)  (from Ch. 127, par. 2672)
5    Sec. 12. Restitution. Persons convicted of a violation of
6Section 3, 3.5, 4, or 6 Section 4 or 5 of this Act shall also
7be liable for restitution civil damages to be assessed by the
8circuit court Historic Preservation Agency. Restitution Civil
9damages may include, but is not limited to:
10    (a) (blank); forfeiture of any and all equipment used in
11disturbing the protected unregistered graves or grave markers;
12    (b) any and all costs incurred in cleaning, restoring,
13repairing, analyzing, accessioning and curating the recovered
14materials, including, but not limited to, fees for experts the
15Department needed to complete any restoration or
16identification required under this Act;
17    (c) any and all costs associated with restoring the land
18to its original contour or the grave marker to its original
19condition;
20    (d) any and all costs associated with recovery of data,
21and analyzing, publishing, accessioning and curating materials
22when the prohibited activity is so extensive as to preclude
23the restoration of the unregistered burials or grave markers;
24    (e) any and all costs associated with the reinterment of
25the human skeletal remains;

 

 

HB3413 Enrolled- 54 -LRB103 30307 RLC 56735 b

1    (f) any and all costs associated with the determination
2and collection of restitution; and the civil damages.
3    (g) for Native American remains and materials, any and all
4costs of traveling for tribal nation representatives for
5reinterment or repatriation activities and for non-Native
6American remains and materials, any and all costs of traveling
7for experts the Department needed to complete any restoration
8or identification required under this Act.
9    When restitution is ordered in a case prosecuted by civil
10damages are recovered through the Attorney General, the
11restitution proceeds shall be deposited into the Repatriation
12and Reinterment Historic Sites Fund; when restitution is
13ordered in a case prosecuted by civil damages are recovered
14through the State's Attorney, the proceeds shall be deposited
15into the county funds designated by the county board that may
16only be used for repatriation or reinterment.
17(Source: P.A. 86-151.)
 
18    (20 ILCS 3440/13)  (from Ch. 127, par. 2673)
19    Sec. 13. Notification.
20    (a) If an undertaking will occur on property that the
21property owner has been notified in writing by the Department
22that the land is likely to contain human remains, unregistered
23graves, grave markers, or grave artifacts, a permit shall be
24obtained by the landowner from the Department.
25    (b) If human remains, unregistered graves, grave markers,

 

 

HB3413 Enrolled- 55 -LRB103 30307 RLC 56735 b

1or grave artifacts that were unknown and were encountered by
2any person, a permit shall be obtained from the Department
3before any work on the undertaking may continue.
4    (c) The Department of Natural Resources shall adopt
5administrative rules develop regulations, in consultation with
6the Illinois State Museum, whereby permits shall may be issued
7for the avoidance, disturbance, or removal of human remains,
8unregistered graves, grave markers, or grave artifacts, or a
9combination of those activities removal of human skeletal
10remains and grave artifacts from unregistered graves or the
11removal of grave markers. The Department may adopt emergency
12rules in accordance with Sections 5-45 and 5-45.35 of the
13Illinois Administrative Procedure Act. The adoption of
14emergency rules authorized by Sections 5-45 and 5-45.35 of the
15Illinois Administrative Procedure Act and this paragraph is
16deemed to be necessary for the public interest, safety, and
17welfare.
18    (d) (b) Each permit shall specify all terms and conditions
19under which the avoidance, removal, or disturbance of human
20skeletal remains, grave artifacts, or grave markers, or
21unregistered graves shall be carried out. All costs accrued in
22the removal of the aforementioned materials shall be borne by
23the permit applicant. Within 60 days of the Upon completion of
24the undertaking project, the permit holder shall submit a
25report, on a form provided by the Department, of the results to
26the Department of Natural Resources.

 

 

HB3413 Enrolled- 56 -LRB103 30307 RLC 56735 b

1(Source: P.A. 100-695, eff. 8-3-18.)
 
2    (20 ILCS 3440/14)  (from Ch. 127, par. 2674)
3    Sec. 14. Native American human remains. All Native
4American human remains, unregistered graves, grave markers,
5and grave artifacts are the property of the Native American
6nations geographically and culturally affiliated with
7Illinois. The Department shall maintain and care for Native
8American property until tribal consultation has been completed
9and the tribes have made the final decision for repatriation
10or other arrangements have been established. The Department
11shall:
12        (1) maintain records;
13        (2) conduct tribal consultation;
14        (3) provide reports to tribal nations; and
15        (4) facilitate repatriation and reinterment efforts.
16    Such repatriation and reinterment efforts shall be with
17tribal approval.
18All non-Native American human skeletal remains, grave markers,
19and grave artifacts in unregistered graves are held in trust
20for the people of Illinois by the State and are under the
21jurisdiction of the Department until and unless they are
22repatriated to descendants or other arrangements have been
23established. Unless and until they are repatriated, all of
24Natural Resources. All materials collected under this Act
25shall be maintained, with dignity and respect, for the people

 

 

HB3413 Enrolled- 57 -LRB103 30307 RLC 56735 b

1of the State under the care of the Department Illinois State
2Museum.
3(Source: P.A. 100-695, eff. 8-3-18.)
 
4    (20 ILCS 3440/15)  (from Ch. 127, par. 2675)
5    Sec. 15. Rules. The Department of Natural Resources shall
6adopt promulgate such administrative rules regulations as may
7be necessary to carry out the purposes of this Act in
8accordance with the Illinois Administrative Procedure Act.
9(Source: P.A. 100-695, eff. 8-3-18.)
 
10    (20 ILCS 3440/16)  (from Ch. 127, par. 2676)
11    Sec. 16. Exemptions. Activities reviewed by the Department
12of Natural Resources pursuant to Section 106 of the National
13Historic Preservation Act (16 U.S.C. 470f) and activities
14permitted pursuant to the Federal Surface Mining Control and
15Reclamation Act of 1977 (P.L. 95-87), or the rules and
16regulations promulgated thereunder or any law, rule or
17regulation adopted by the State of Illinois thereunder shall
18be exempt from these permitting requirements.
19(Source: P.A. 100-695, eff. 8-3-18.)
 
20    (20 ILCS 3440/16.1 new)
21    Sec. 16.1. Burial sites on Department owned lands. The
22Department may create burial sites on Department owned lands
23for the reburial of repatriated Native American human remains,

 

 

HB3413 Enrolled- 58 -LRB103 30307 RLC 56735 b

1unregistered graves, grave markers, or grave artifacts after
2tribal consultation with the federally recognized tribes with
3geographical and cultural affiliation with Illinois. The
4burial sites shall not be used by the public and shall be
5protected by the State of Illinois.
 
6    (20 ILCS 3440/16.2 new)
7    Sec. 16.2. Repatriation and Reinterment Fund. The
8Repatriation and Reinterment Fund is created in the State
9treasury. All restitution collected from the prosecution of
10any violation of this Act shall be deposited in the fund and
11each deposit shall only be used to cover the restitution that
12was so ordered in an individual case pursuant to Section 12.
13The General Assembly may allocate appropriations to this fund
14to cover the cost of, including but not limited to,
15reinterment, repatriation, repair, or restoration of human
16remains, unregistered graves, grave markers, or grave
17artifacts that are in the custody of the Department.
 
18    (20 ILCS 3440/16.3 new)
19    Sec. 16.3. Forfeiture.
20    (a) Every device, equipment, tool, vehicle or conveyance,
21when used or operated illegally, or attempted to be used or
22operated illegally by any person in taking, transporting,
23holding, disturbing, exploring, excavating, collecting or
24conveying any human remains, grave artifacts, or grave

 

 

HB3413 Enrolled- 59 -LRB103 30307 RLC 56735 b

1markers, contrary to the provisions of this Act, including
2administrative rules, is a public nuisance and subject to
3seizure and confiscation by any authorized employee of the
4Department; upon the seizure of such item the Department shall
5take and hold the same until disposed of as hereinafter
6provided.
7    (b) Upon the seizure of any property as herein provided,
8the authorized employee of the Department making such seizure
9shall forthwith cause a complaint to be filed before the
10circuit court and a summons to be issued requiring the person
11who illegally used or operated or attempted to use or operate
12such property and the owner and person in possession of such
13property to appear in court and show cause why the property
14seized should not be forfeited to the State. Upon the return of
15the summons duly served or other notice as herein provided,
16the court shall proceed to determine the question of the
17illegality of the use of the seized property and upon judgment
18being entered to the effect that such property was illegally
19used, an order may be entered providing for the forfeiture of
20such seized property to the Department and shall thereupon
21become the property of the Department; but the owner of such
22property may have a jury determine the illegality of its use,
23and shall have the right of an appeal, as in other cases. Such
24confiscation or forfeiture shall not preclude or mitigate
25against prosecution and assessment of penalties otherwise
26provided in this Act.

 

 

HB3413 Enrolled- 60 -LRB103 30307 RLC 56735 b

1    (c) Upon seizure of any property under circumstances
2supporting a reasonable belief that such property was
3abandoned, lost or stolen or otherwise illegally possessed or
4used contrary to the provisions of this Act, except property
5seized during a search or arrest, and ultimately returned,
6destroyed, or otherwise disposed of pursuant to order of a
7court in accordance with this Act, the Department shall make
8reasonable inquiry and efforts to identify and notify the
9owner or other person entitled to possession thereof, and
10shall return the property after such person provides
11reasonable and satisfactory proof of his ownership or right to
12possession and reimburses the Department for all reasonable
13expenses of such custody. If the identity or location of the
14owner or other person entitled to possession of the property
15has not been ascertained within 6 months after the Department
16obtains such possession, the Department shall effectuate the
17sale of the property for cash to the highest bidder at a public
18auction. The owner or other person entitled to possession of
19such property may claim and recover possession of the property
20at any time before its sale at public auction, upon providing
21reasonable and satisfactory proof of ownership or right of
22possession and reimbursing the Department for all reasonable
23expenses of custody thereof.
24    (d) Any property forfeited to the State by court order
25pursuant to this Section may be disposed of by public auction,
26except that any property which is the subject of such a court

 

 

HB3413 Enrolled- 61 -LRB103 30307 RLC 56735 b

1order shall not be disposed of pending appeal of the order. The
2proceeds of the sales at auction shall be deposited in the
3Repatriation and Reinterment Fund.
4    (e) The Department shall pay all costs of notices required
5by this Section.
6    (f) Property seized or forfeited under this Section is
7subject to reporting under the Seizure and Forfeiture
8Reporting Act.
9    (g) This Section does not apply to human remains, grave
10artifacts, or grave markers that were recovered by the
11Department or other law enforcement agency during an
12investigation of a violation of this Act.
 
13    (20 ILCS 3440/5 rep.)
14    (20 ILCS 3440/7 rep.)
15    (20 ILCS 3440/11 rep.)
16    Section 30. The Human Skeletal Remains Protection Act is
17amended by repealing Sections 5, 7, and 11.
 
18    Section 35. The State Finance Act is amended by adding
19Section 5.990 as follows:
 
20    (30 ILCS 105/5.990 new)
21    Sec. 5.990. The Repatriation and Reinterment Fund.
 
22    Section 95. No acceleration or delay. Where this Act makes

 

 

HB3413 Enrolled- 62 -LRB103 30307 RLC 56735 b

1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.