Rep. Mark L. Walker

Filed: 3/2/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3413

2    AMENDMENT NO. ______. Amend House Bill 3413 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Archaeological and Paleontological
5Resources Protection Act is amended by changing Sections .02
6and 5 as follows:
 
7    (20 ILCS 3435/.02)  (from Ch. 127, par. 133c.02)
8    Sec. .02. For purposes of this Act:
9    (a) "Archaeological resource" means any significant
10material remains or localities of past human life or
11activities on public land, including but not limited to
12artifacts, historic and prehistoric human skeletal remains,
13mounds, earthworks, shipwrecks, forts, village sites or mines.
14    (b) "Disturb" includes defacing, mutilating, injuring,
15exposing, removing, destroying, desecrating or molesting in
16any way.

 

 

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1    (c) "Paleontological resource" means any significant
2fossil or material remains on public lands including traces or
3impressions of animals or plants that occur as part of the
4geological record that are known and are included in the files
5maintained by the Illinois State Museum under Section 10.
6    (d) "Person" means any natural individual, firm, trust,
7estate, partnership, association, joint stock company, joint
8venture, corporation or a receiver, trustee, guardian or other
9representative appointed by order of any court, the federal
10and State governments, including State universities created by
11statute or any city, town, county or other political
12subdivision of this State.
13    (e) "Public land" means any land owned, but does not
14include land leased as lessee, by the State of Illinois or its
15agencies, a State university created by statute, a
16municipality or a unit of local government.
17(Source: P.A. 86-459; 86-707.)
 
18    (20 ILCS 3435/5)  (from Ch. 127, par. 133c5)
19    Sec. 5. Any violation of Section 3 not involving the
20disturbance of human skeletal remains is a Class A misdemeanor
21and the violator shall be subject to imprisonment and a fine
22not in excess of $5,000; any subsequent violation is a Class 4
23felony. Any violation of Section 3 involving disturbance of
24human skeletal remains is a Class 4 felony. Each disturbance
25of an archaeological site or a paleontological site shall

 

 

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1constitute a single offense. Persons convicted of a violation
2of Section 3 shall also be liable for civil damages to be
3assessed by the land managing agency and the Department of
4Natural Resources. Civil damages may include:
5        (a) forfeiture of any and all equipment used in
6    acquiring the protected material;
7        (b) any and all costs incurred in cleaning, restoring,
8    analyzing, accessioning and curating the recovered
9    materials;
10        (c) any and all costs associated with restoring the
11    land to its original contour;
12        (d) any and all costs associated with recovery of data
13    and analyzing, publishing, accessioning and curating
14    materials when the prohibited activity is so extensive as
15    to preclude the restoration of the archaeological or
16    paleontological site;
17        (e) any and all costs associated with the
18    determination and collection of the civil damages.
19    When civil damages are recovered through the Attorney
20General, the proceeds shall be deposited into the Historic
21Sites Fund; when civil damages are recovered through the
22State's Attorney, the proceeds shall be deposited into the
23county fund designated by the county board.
24(Source: P.A. 100-695, eff. 8-3-18.)
 
25    Section 10. The Human Skeletal Remains Protection Act is

 

 

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1amended by changing Sections 0.01, 1, 3, 4, 4.5, 5, 6, 7, 8, 9,
210, 12, 13, 14, 15, and 16 and by adding Sections 3.5, 17, and
318 as follows:
 
4    (20 ILCS 3440/0.01)  (from Ch. 127, par. 2660)
5    Sec. 0.01. Short title. This Act may be cited as the Human
6Skeletal Remains Protection Act.
7(Source: P.A. 86-1324.)
 
8    (20 ILCS 3440/1)  (from Ch. 127, par. 2661)
9    Sec. 1. Definitions. For the purposes of this Act:
10    (a) "Human skeletal remains" include the bones and
11decomposed fleshy parts of a deceased human body.
12    (b) "Unregistered graves" are any graves or locations
13where a human body has been buried or deposited; is over 100
14years old; and is not in a cemetery registered with or licensed
15by the State Comptroller under the Cemetery Care Act or under
16the authority of the Illinois Department of Financial and
17Professional Regulation pursuant to the Cemetery Oversight
18Act, whichever is applicable.
19    (c) "Grave artifacts" are any item of human manufacture or
20use that is associated with the human skeletal remains in an
21unregistered grave.
22    (d) "Grave markers" are any tomb, monument, stone,
23ornament, mound, or other item of human manufacture that is
24associated with an unregistered grave.

 

 

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1    (e) "Person" means any natural individual, firm, trust,
2estate, partnership, association, joint stock company, joint
3venture, corporation or a receiver, trustee, guardian or other
4representatives appointed by order of any court, the Federal
5and State governments, including State Universities created by
6statute or any city, town, county or other political
7subdivision of this State.
8    (f) "Disturb" includes excavating, removing, exposing,
9defacing, mutilating, destroying, molesting, or desecrating in
10any way human skeletal remains, unregistered graves, and grave
11markers.
12    (g) "Consultation" means a formal, two-way,
13government-to-government dialogue between official
14representatives of federally recognized tribes and the United
15States Department of Interior to discuss federal proposals
16before the United States Department of the Interior makes
17decisions on those proposals. The United States Department of
18the Interior, the Department of Natural Resources, and the
19Illinois State Museum shall provide sufficient notice to
20appropriate federally recognized tribal leaders of upcoming
21consultation sessions and, following the consultations
22sessions, report to those tribal leaders how the final
23decision incorporates tribal input.
24(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
25    (20 ILCS 3440/3)  (from Ch. 127, par. 2663)

 

 

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1    Sec. 3. Notification to coroner. Any person who discovers
2human skeletal remains subject to this Act shall promptly
3notify the coroner within 48 hours. Any person who knowingly
4fails to report such a discovery within 48 hours is guilty of a
5Class C misdemeanor, unless such person has reasonable cause
6to believe that the coroner had already been so notified. If
7the human skeletal remains appear to be from an unregistered
8grave, the coroner shall promptly notify the Department of
9Natural Resources prior to their removal. Nothing in this Act
10shall supersede applicable federal law, including the Native
11American Graves Protection and Repatriation Act of 1990 and
12the National Historic Preservation Act of 1966 shall be
13construed to apply to human skeletal remains subject to "An
14Act to revise the law in relation to coroners".
15(Source: P.A. 100-695, eff. 8-3-18.)
 
16    (20 ILCS 3440/3.5 new)
17    Sec. 3.5. Native American Review Group. The State of
18Illinois presents a unique situation in that it has not
19maintained meaningful consulting relationships with tribal
20nations aboriginal to the land now known as the State of
21Illinois. Without meaningful relationships between the State
22of Illinois and tribal nations, there has been harm caused to
23tribal nations and trust needs to be rebuilt as the State works
24to correct those harmful mistakes. As tribal nations
25strengthen their histories, it is of utmost importance to

 

 

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1uphold federal law and policy in relation to the sovereign
2status of tribes. For the purpose of this Act, federal laws
3related to Native Americans, including the Native American
4Graves Protection and Repatriation Act of 1990 and the
5National Historic Preservation Act of 1966, shall take
6precedence over State law. Despite the State of Illinois' long
7history of removing tribal nations, this Act requires that a
8project that may affect a historical property of religious and
9cultural significance to the affected tribe or tribes be
10subject to consultation and review from the Native American
11Review Group at the Illinois State Museum. Historical
12properties of religious and ceremonial significance include:
13archeological sites, burial grounds, mounds, sacred landscapes
14or features, plant and animal communities, and buildings and
15structures with significant tribal association. The types of
16activities that may affect properties of religious and
17cultural significance include: ground disturbance (digging);
18new construction in underdeveloped natural areas; introduction
19of incongruent visual, audible, or atmospheric changes; work
20on a building with significant tribal association; and
21transfer, lease, or sale of properties of the types listed.
22    The Native American Review Group shall be appointed by the
23Director of Natural Resources and shall consist of at least
24one tribal representative from each one of the over 30 tribal
25nations that have been identified as having historical
26presence in Illinois. These representatives shall be a tribal

 

 

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1chairperson, tribal historic preservation officer, or
2designated official for the respective tribe. The Native
3American Review Group shall be notified immediately and all
4activity on the property shall immediately cease if: (1)
5remains are found; (2) any property with religious and
6cultural significance will be disturbed; and (3) any property
7with religious and cultural significance is accidentally
8disturbed. This group shall convene and review any request
9made to the Department of Natural Resources for a land permit.
10The Department of Natural Resources may issue a land permit
11only after the Native American Review Group has reviewed the
12proposal and approved the request or provided revisions to the
13request.
 
14    (20 ILCS 3440/4)  (from Ch. 127, par. 2664)
15    Sec. 4. Human burial sites; knowingly disturbing human
16skeletal remains; penalty; permit. It is unlawful for any
17person, either by oneself himself or through an agent, to
18knowingly disturb human skeletal remains, grave markers, and
19grave artifacts in unregistered graves protected by this Act
20unless such person obtains a permit issued by the Department
21of Natural Resources. Any person who violates this Section
22commits a Class 4 felony. When grave disturbances must occur a
23land permit must be obtained from the Department of Natural
24Resources. When a land permit request is received, the
25Department of Natural Resources shall immediately contact the

 

 

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1Director of Tribal Relations at the Illinois State Museum who
2shall immediately engage the Native American Review Group who
3shall approve or deny the request.
4(Source: P.A. 100-695, eff. 8-3-18.)
 
5    (20 ILCS 3440/4.5)
6    Sec. 4.5. O'Hare Modernization.
7    The O'Hare Modernization Act shall be subject to this Act
8and all provisions of the Native American Graves Protection
9and Repatriation Act of 1990. Any future O'Hare developments
10must be reviewed and approved by the Native American Review
11Group. Nothing in this Act limits the authority of the City of
12Chicago to exercise its powers under the O'Hare Modernization
13Act or requires that City, or any person acting on behalf of
14that City, to obtain a permit under this Act when acquiring
15property or otherwise exercising its powers under the O'Hare
16Modernization Act.
17(Source: P.A. 93-450, eff. 8-6-03.)
 
18    (20 ILCS 3440/5)  (from Ch. 127, par. 2665)
19    Sec. 5. Human burial sites; appropriation for sale;
20penalty. It is unlawful for any person, either by himself or
21through an agent, to recklessly appropriate for profit, use
22for profit, sell, purchase, or transport for sale or profit
23any human remains, grave artifacts, or grave markers. A person
24who violates this Section commits a Class A misdemeanor for a

 

 

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1first violation and a Class 4 felony for a second or subsequent
2violation knowingly disturb a grave marker protected by this
3Act unless such person obtains a permit issued by the
4Department of Natural Resources.
5(Source: P.A. 100-695, eff. 8-3-18.)
 
6    (20 ILCS 3440/6)  (from Ch. 127, par. 2666)
7    Sec. 6. Human burial sites; unknowingly disturb; actions;
8permits. Due to the need for infrastructure repair, renovation
9and improvement, it is highly likely that an unregistered
10grave, human remains, or grave marker could be disturbed. In
11such cases, any and all work must immediately cease. Within 48
12hours the Department of Natural Resources must be notified and
13the formal Section 106 consultation process with Native
14American nations, as provided in the National Historic
15Preservation Act of 1966, must take place before any work can
16resume. For work to proceed, a land permit must be issued by
17the Department of Natural Resources after appropriate tribal
18review and consultation has been completed. A person who
19violates this Section commits a Class A misdemeanor for a
20first violation and a Class 4 felony for a second or subsequent
21violation. It is unlawful for any person, either by himself or
22through an agent, to offer any human skeletal remains, grave
23artifacts or grave markers for sale or exchange with the
24knowledge that they have been collected or excavated in
25violation of this Act.

 

 

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1(Source: P.A. 86-151.)
 
2    (20 ILCS 3440/7)  (from Ch. 127, par. 2667)
3    Sec. 7. Human burial sites-knowingly disturb private
4property, permitting, penalties. It is unlawful for any
5person, either by himself or through an agent, to knowingly
6allow the disturbance of human skeletal remains, unregistered
7graves, grave artifacts or grave markers on property
8controlled by that person unless such disturbance is
9authorized by a permit issued by the Historic Preservation
10Agency. A person who violates this Section commits a Class A
11misdemeanor for a first violation and a Class 4 felony for a
12second or subsequent violation. When grave disturbances must
13occur a land permit must be obtained from the Department of
14Natural Resources. When a land permit request is received, the
15Department of Natural Resources shall immediately contact the
16Director of Tribal Relations at the Illinois State Museum who
17shall immediately engage the Native American Review Group who
18shall approve or deny the request.
19(Source: P.A. 86-151.)
 
20    (20 ILCS 3440/8)  (from Ch. 127, par. 2668)
21    Sec. 8. Criminal prosecutions for violations of Act. The
22State's Attorney of the county in which a violation of Section
234, 5, 6, 7, or 8 Sections 4, 5, 6, or 7 of this Act is alleged
24to have occurred, or the Attorney General, may be requested by

 

 

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1the Department Director of Natural Resources to initiate
2criminal prosecutions or to seek civil damages, injunctive
3relief and any other appropriate relief. The Department of
4Natural Resources shall co-operate with the State's Attorney
5or the Attorney General. Persons aware of any violations of
6this Act shall contact the Department of Natural Resources.
7(Source: P.A. 100-695, eff. 8-3-18.)
 
8    (20 ILCS 3440/9)  (from Ch. 127, par. 2669)
9    Sec. 9. Reward for information leading to arrest and
10conviction of offenders. The Department of Natural Resources
11is authorized to offer a reward of up to $5,000 $2000 for
12information leading to the arrest and conviction of persons
13who violate Section 4, 5, 6, 7, or 8 Sections 4, 5, 6, and 7 of
14this Act.
15(Source: P.A. 100-695, eff. 8-3-18.)
 
16    (20 ILCS 3440/10)  (from Ch. 127, par. 2670)
17    Sec. 10. Registry of offenders. The Department of Natural
18Resources shall create a registry of offenders who violate
19this Act and shall impose additional penalties on repeat
20offenders Any violation of Sections 4, 6 or 7 of this Act is a
21Class A misdemeanor and the violator shall be subject to
22imprisonment for not more than 1 year and a fine not in excess
23of $10,000; any subsequent violation is a Class 4 felony. Each
24disturbance of an unregistered grave constitutes a separate

 

 

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1offense.
2(Source: P.A. 86-151.)
 
3    (20 ILCS 3440/12)  (from Ch. 127, par. 2672)
4    Sec. 12. Civil damages. Persons convicted of a violation
5of Section 4, or 5, 6, 7, or 8 of this Act shall also be liable
6for civil damages to be assessed by the Department of Natural
7Resources in consultation with Native American tribes Historic
8Preservation Agency. Civil damages may include:
9    (a) forfeiture of any and all equipment used in disturbing
10the protected unregistered graves or grave markers;
11    (b) any and all costs incurred in cleaning, restoring,
12analyzing, accessioning, traveling for tribal nation
13representatives, and curating the recovered materials;
14    (c) any and all costs associated with restoring the land
15to its original contour or the grave marker to its original
16condition in consultation with federally recognized tribes;
17    (d) any and all costs associated with recovery of data,
18and analyzing, publishing, accessioning and curating materials
19when the prohibited activity is so extensive as to preclude
20the restoration of the unregistered burials or grave markers;
21    (e) any and all costs for the State of Illinois and
22affected tribal nations associated with the reinterment of the
23human skeletal remains in consultation with federally
24recognized tribes;
25    (f) any and all costs associated with the determination

 

 

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1and collection of the civil damages.
2    When civil damages are recovered through the Attorney
3General, the proceeds shall be deposited into the Tribal
4Repatriation Historic Sites Fund, which is created in the
5State treasury. The moneys in the Fund shall be used for tribal
6repatriation or interment; when civil damages are recovered
7through the State's Attorney, the proceeds shall be deposited
8into the county funds designated by the county board
9specifically and only used for tribal repatriation or
10reinterment.
11(Source: P.A. 86-151.)
 
12    (20 ILCS 3440/13)  (from Ch. 127, par. 2673)
13    Sec. 13. Permits for the disturbance or removal of human
14remains.
15    (a) The Director Department of Natural Resources shall
16develop regulations, in consultation with the Illinois State
17Museum and federally recognized Native American nations
18geographically and culturally affiliated with Illinois,
19whereby permits may be issued for the disturbance or removal,
20or both, of human skeletal remains and grave artifacts from
21unregistered graves or the disturbance or removal, or both, of
22grave markers.
23    (b) Each permit shall specify all terms and conditions
24under which the removal of human skeletal remains, grave
25artifacts, or grave markers shall be carried out. All costs

 

 

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1accrued in the removal of the aforementioned materials shall
2be borne by the permit applicant. Upon completion of the
3project, the permit holder shall submit a report of the
4results to the Department of Natural Resources, the Director
5of the Illinois State Museum, and any affiliated federally
6recognized Native American nations geographically and
7culturally affiliated with Illinois.
8    (c) If such human remains are not Native American or their
9ethnic identity cannot be ascertained, as determined by the
10State Burial Law Coordinator, the human remains shall be dealt
11with in accordance with provisions established by the State
12Archaeologist and other appropriate authority. If such burials
13are Native American, as determined by the Illinois State
14Archaeologist, efforts shall be made by the Illinois State
15Archaeologist, in consultation with the Native American tribe
16having a probable historical and cultural heritage with the
17burial site, to ascertain their tribal identity. If their
18probable tribal identity can be determined and the remains
19have been removed from their original context, such remains
20shall be turned over to contemporary tribal leaders for
21disposition.
22    (d) If tribal identity cannot be determined, the Native
23American remains must be dealt with in accordance with
24provisions established by the State Burial Law Coordinator
25consistent with the requirements of the Native American Graves
26Protection and Repatriation Act of 1990 if they are from

 

 

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1public land. If removed Native American remains are from
2private land they shall be dealt with in accordance with
3provisions established by the State Burial Law Coordinator. If
4it is deemed desirable by the Illinois State Archaeologist,
5removed remains shall be studied in a timely and respectful
6manner by a qualified professional archaeologist or a
7qualified physical anthropologist before being delivered to
8tribal leaders or before being reburied.
9(Source: P.A. 100-695, eff. 8-3-18.)
 
10    (20 ILCS 3440/14)  (from Ch. 127, par. 2674)
11    Sec. 14. Human remains in unregistered graves. All human
12skeletal remains and grave artifacts in unregistered graves
13are the property of the Native American nations geographically
14and culturally affiliated with Illinois. The Department of
15Natural Resources and the Illinois State Museum shall have the
16right to maintain and care for, in compliance with the Native
17American Graves Protection and Repatriation Act of 1990,
18Native American property until appropriate and tribal
19consultation has been completed and tribes have made the final
20decision for repatriation or reinterment of the property. The
21Illinois State Museum shall maintain records, conduct tribal
22consultation, provide reports to tribal nations, and lead
23repatriation and reinterment efforts with tribal approval held
24in trust for the people of Illinois by the State and are under
25the jurisdiction of the Department of Natural Resources. All

 

 

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1materials collected under this Act shall be maintained, with
2dignity and respect, for the people of the State under the care
3of the Illinois State Museum.
4(Source: P.A. 100-695, eff. 8-3-18.)
 
5    (20 ILCS 3440/15)  (from Ch. 127, par. 2675)
6    Sec. 15. Rules. The Department of Natural Resources, in
7consultation with federally recognized Native American nations
8shall adopt promulgate such rules regulations as may be
9necessary to carry out the purposes of this Act.
10(Source: P.A. 100-695, eff. 8-3-18.)
 
11    (20 ILCS 3440/17 new)
12    Sec. 17. Creation of cemetery. The Director of Natural
13Resources, in cooperation with the Illinois State Museum and
14in consultation with the federally recognized tribes with
15geographical and cultural affiliation with Illinois, may
16create a cemetery on existing State lands for the reburial of
17repatriated Native American remains and materials. The
18cemetery shall not be used by the public and shall be protected
19by the State of Illinois. The Director of Natural Resources
20shall cooperate with the Illinois State Archaeologist and the
21Illinois State Museum to coordinate reinterment in the
22cemetery.
 
23    (20 ILCS 3440/18 new)

 

 

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1    Sec. 18. Role of the Native American Graves Protection and
2Repatriation Act officer and Director of Tribal Relations. In
3partnership with the Illinois State Museum, the Department of
4Natural Resources shall cooperate with the Director of Tribal
5Relations and the Native American Graves Protection and
6Repatriation Act officer to monitor sites and persons across
7this State that are receiving federal funds to ensure
8compliance with the requirements of the Native American Graves
9Protection and Repatriation Act of 1990. The Department of
10Natural Resources shall provide access to the offenders
11registry and the Native American Graves Protection and
12Repatriation Act officer shall maintain accuracy and tracking
13of penalties. The Director of Tribal Relations shall serve as
14the intermediary between the Department of Natural Resources,
15the Illinois State Museum, and tribal nations to ensure the
16directives of tribal nations are being followed and that
17tribal nations are informed of actions taken by the State of
18Illinois.
 
19    (20 ILCS 3440/2 rep.)
20    (20 ILCS 3440/11 rep.)
21    Section 15. The Human Skeletal Remains Protection Act is
22amended by repealing Sections 2 and 11.
 
23    Section 20. The State Finance Act is amended by adding
24Section 5.990 as follows:
 

 

 

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1    (30 ILCS 105/5.990 new)
2    Sec. 5.990. The Tribal Repatriation Fund.".