Illinois General Assembly - Bill Status for HB 3413

Replaces everything after the enacting clause. Amends the Human Skeletal Remains Protection Act. Changes the name of the Act to the Human Remains Protection Act. Provides that any person who discovers remains subject to the Act shall promptly notify the coroner within 48 hours. Provides that nothing in the Act shall supersede applicable federal law, including the Native American Grave Protection and Repatriation Act of 1990 and the National Historic Preservation Act of 1966. Creates the Native American Review Group appointed by the Director of Natural Resources which shall consist of at least one tribal representative from each one of the over 30 Nations that have been identified as having historical presence in Illinois. Provides that these representatives shall be a tribal chairperson, tribal historic preservation officer, or designated official for the respective tribe. Provides that the Native American Review Group shall be notified immediately and all activity on the property shall immediately cease if: (1) remains are found; (2) any property with religious and cultural significance will be disturbed; and (3) any property with religious and cultural significance is accidentally disturbed. Provides that this group shall convene and review any request made to the Department of Natural Resources for a land permit. Provides that the Department of Natural Resources shall issue a land permit only after the Native American Review Group has reviewed the proposal and approved the request or provided revisions to the request. Provides that the Director of Natural Resources, in cooperation with the Illinois State Museum, and in consultation with the federally recognized tribes with geographical and cultural affiliation with Illinois, may create a cemetery on existing State lands for the reburial of repatriated Native American remains and materials. Provides that the cemetery shall not be used by the public and shall be protected by the State of Illinois. Provides that the Director of Natural Resources shall cooperate with the Illinois State Archaeologist and the Illinois State Museum to coordinate reinterment in the cemetery. Provides that in partnership with the Illinois State Museum, the Department of Natural Resources shall cooperate closely with the Director of Tribal Relations and the Native American Graves Protection and Repatriation Act officer to monitor sites and persons across this State that are receiving federal funds to ensure compliance with the requirements of the Native American Graves Protection and Repatriation Act of 1990. Provides that the Department of Natural Resources shall provide access to the offenders registry created by the Department and the Native American Graves Protection and Repatriation Act officer shall maintain accuracy and tracking of penalties. Provides that the Director of Tribal Relations shall serve as the intermediary between the Department of Natural Resources, the Illinois State Museum, and tribal nations to ensure the directives of tribal nations are being followed and that tribal nations are informed of actions taken by the State of Illinois. Provides that the moneys in the Tribal Repatriation Fund shall be used for tribal repatriation or interment Amends the State Finance Act and the Archaeological and Paleontological Resources Protection Act to make conforming changes.

Further amends the Human Skeletal Remains Protection Act. Repeals the South Suburban Airport provisions of the Act. Provides that if the State Burial Coordinator determines that infrastructure repair, renovation, or improvements will disturb an unregistered grave, human remains, or a grave marker, then the State Burial Coordinator shall determine whether the grave, remains, or grave marker are Native American. Provides that when a land permit request is received, the Department of Natural Resources shall immediately contact the Director of Tribal Relations at the Illinois State Museum who shall immediately engage the Native American Review Group who shall approve or deny the request. Provides that if the human remains are not Native American or their ethnic identity cannot be ascertained, as determined by the State Burial Law Coordinator, the human remains shall be dealt with in accordance with provisions established by the appropriate authority. Deletes references to federal law. Makes other changes.

Provides that the Tribal Repatriation Fund is created as a special fund in the State treasury. Provides that moneys in the Fund shall be used, subject to appropriation, for tribal repatriation and reinterment.

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes and additions. Amends the Illinois Administrative Procedure Act. Grants the Department of Natural Resources emergency rulemaking authority concerning discovery of human remains. Amends the Freedom of Information Act. Exempts from inspection and copying any and all information regarding burials, interments, or entombments of human remains as required to be reported to the Department of Natural Resources under either the Archaeological and Paleontological Resources Protection Act or the Human Remains Protection Act. Amends the Seizure and Forfeiture Reporting Act. Provides that the Act applies to property seized or forfeited under the Archaeological and Paleontological Resources Protection Act and the Human Remains Protection Act. Further amends the Archaeological and Paleontological Resources Protection Act. Changes the administration of the Act from the Illinois State Museum to the Department of Natural Resources. Provides that it is unlawful to violate any administrative rule adopted under the Act. Provides that a violation of administrative rules adopted under the Act is a Class B misdemeanor. Provides that every device, equipment, tool, vehicle or conveyance, when used or operated illegally, or attempted to be used or operated illegally by any person in taking, transporting, holding, disturbing, exploring, excavating, collecting or conveying any archaeological or paleontological resources, contrary to the provisions of the Act, including administrative rules, is a public nuisance and subject to seizure and confiscation by any authorized employee of the Department. Further amends the Human Remains Protection Act. Provides that every device, equipment, tool, vehicle or conveyance, when used or operated illegally, or attempted to be used or operated illegally by any person in taking, transporting, holding, disturbing, exploring, excavating, collecting or conveying any human remains, grave artifacts, or grave markers, contrary to the provisions of the Act, including administrative rules, is a public nuisance and subject to seizure and confiscation by any authorized employee of the Department. Makes other changes. Effective immediately.

Date	Chamber	Action
8/4/2023	House	Public Act . . . . . . . . . 103-0446

Date	Chamber	Action
2/17/2023	House	Filed with the Clerk by Rep. Mark L. Walker
2/17/2023	House	First Reading
2/17/2023	House	Referred to Rules Committee
2/28/2023	House	Assigned to State Government Administration Committee
3/2/2023	House	House Committee Amendment No. 1 Filed with Clerk by Rep. Mark L. Walker
3/2/2023	House	House Committee Amendment No. 1 Referred to Rules Committee
3/7/2023	House	House Committee Amendment No. 1 Rules Refers to State Government Administration Committee
3/8/2023	House	House Committee Amendment No. 1 Adopted in State Government Administration Committee; 009-000-000
3/8/2023	House	Do Pass as Amended / Short Debate State Government Administration Committee; 009-000-000
3/9/2023	House	Placed on Calendar 2nd Reading - Short Debate
3/10/2023	House	Placed on Calendar 2nd Reading - Short Debate
3/13/2023	House	Added Co-Sponsor Rep. Norine K. Hammond
3/13/2023	House	Removed Co-Sponsor Rep. Norine K. Hammond
3/17/2023	House	House Floor Amendment No. 2 Filed with Clerk by Rep. Mark L. Walker
3/17/2023	House	House Floor Amendment No. 2 Referred to Rules Committee
3/20/2023	House	House Floor Amendment No. 3 Filed with Clerk by Rep. Mark L. Walker
3/20/2023	House	House Floor Amendment No. 3 Referred to Rules Committee
3/21/2023	House	House Floor Amendment No. 2 Rules Refers to State Government Administration Committee
3/21/2023	House	House Floor Amendment No. 3 Rules Refers to State Government Administration Committee
3/22/2023	House	House Floor Amendment No. 2 Recommends Be Adopted State Government Administration Committee; 009-000-000
3/22/2023	House	House Floor Amendment No. 3 Recommends Be Adopted State Government Administration Committee; 009-000-000
3/22/2023	House	Added Co-Sponsor Rep. Diane Blair-Sherlock
3/22/2023	House	House Floor Amendment No. 2 Adopted
3/22/2023	House	House Floor Amendment No. 3 Adopted
3/22/2023	House	Second Reading - Short Debate
3/22/2023	House	Placed on Calendar Order of 3rd Reading - Short Debate
3/23/2023	House	Added Chief Co-Sponsor Rep. Norine K. Hammond
3/23/2023	House	Added Chief Co-Sponsor Rep. Maurice A. West, II
3/23/2023	House	Added Co-Sponsor Rep. Dagmara Avelar
3/23/2023	House	Added Co-Sponsor Rep. Norma Hernandez
3/23/2023	House	Added Co-Sponsor Rep. Aaron M. Ortiz
3/23/2023	House	Added Co-Sponsor Rep. Edgar Gonzalez, Jr.
3/23/2023	House	Added Co-Sponsor Rep. Barbara Hernandez
3/23/2023	House	Added Co-Sponsor Rep. Lilian Jiménez
3/23/2023	House	Added Co-Sponsor Rep. Elizabeth "Lisa" Hernandez
3/23/2023	House	Added Co-Sponsor Rep. Angelica Guerrero-Cuellar
3/23/2023	House	Added Co-Sponsor Rep. Jaime M. Andrade, Jr.
3/23/2023	House	Third Reading - Short Debate - Passed 108-000-000
3/23/2023	House	Added Co-Sponsor Rep. Suzanne M. Ness
3/23/2023	House	Added Co-Sponsor Rep. Jawaharial Williams
3/23/2023	House	Added Co-Sponsor Rep. Camille Y. Lilly
3/23/2023	House	Added Co-Sponsor Rep. Theresa Mah
3/23/2023	House	Added Co-Sponsor Rep. Jennifer Gong-Gershowitz
3/23/2023	House	Added Co-Sponsor Rep. Will Guzzardi
3/23/2023	House	Added Co-Sponsor Rep. Maura Hirschauer
3/23/2023	House	Added Co-Sponsor Rep. Laura Faver Dias
3/23/2023	House	Added Co-Sponsor Rep. Anne Stava-Murray
3/23/2023	House	Added Co-Sponsor Rep. Mary Beth Canty
3/23/2023	House	Added Co-Sponsor Rep. Mary E. Flowers
3/23/2023	House	Added Co-Sponsor Rep. Harry Benton
3/27/2023	Senate	Arrive in Senate
3/27/2023	Senate	Placed on Calendar Order of First Reading
3/27/2023	Senate	Chief Senate Sponsor Sen. Cristina H. Pacione-Zayas
3/27/2023	Senate	First Reading
3/27/2023	Senate	Referred to Assignments
3/30/2023	Senate	Added as Alternate Co-Sponsor Sen. Karina Villa
4/5/2023	Senate	Added as Alternate Chief Co-Sponsor Sen. David Koehler
4/5/2023	Senate	Added as Alternate Chief Co-Sponsor Sen. Mike Simmons
4/6/2023	Senate	Added as Alternate Chief Co-Sponsor Sen. Mary Edly-Allen
4/25/2023	Senate	Assigned to State Government
4/25/2023	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. Cristina H. Pacione-Zayas
4/25/2023	Senate	Senate Committee Amendment No. 1 Referred to Assignments
4/26/2023	Senate	Added as Alternate Co-Sponsor Sen. Michael W. Halpin
4/26/2023	Senate	Senate Committee Amendment No. 1 Assignments Refers to State Government
4/27/2023	Senate	Added as Alternate Co-Sponsor Sen. Cristina Castro
4/28/2023	Senate	Senate Committee Amendment No. 2 Filed with Secretary by Sen. Cristina H. Pacione-Zayas
4/28/2023	Senate	Senate Committee Amendment No. 2 Referred to Assignments
4/28/2023	Senate	Rule 2-10 Committee Deadline Established As May 6, 2023
5/2/2023	Senate	Senate Committee Amendment No. 2 Assignments Refers to State Government
5/3/2023	Senate	Added as Alternate Chief Co-Sponsor Sen. Win Stoller
5/3/2023	Senate	Senate Committee Amendment No. 1 Adopted; State Government
5/3/2023	Senate	Senate Committee Amendment No. 2 Adopted; State Government
5/4/2023	Senate	Do Pass as Amended State Government; 009-000-000
5/4/2023	Senate	Placed on Calendar Order of 2nd Reading May 5, 2023
5/10/2023	Senate	Second Reading
5/10/2023	Senate	Placed on Calendar Order of 3rd Reading May 11, 2023
5/11/2023	Senate	Third Reading - Passed; 055-000-000
5/11/2023	Senate	Added as Alternate Co-Sponsor Sen. Laura Ellman
5/11/2023	Senate	Added as Alternate Co-Sponsor Sen. Mattie Hunter
5/11/2023	House	Arrived in House
5/12/2023	House	Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2
5/12/2023	House	Senate Committee Amendment No. 1 Motion Filed Concur Rep. Mark L. Walker
5/12/2023	House	Senate Committee Amendment No. 2 Motion Filed Concur Rep. Mark L. Walker
5/12/2023	House	Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
5/12/2023	House	Senate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
5/17/2023	House	Senate Committee Amendment No. 1 Motion to Concur Referred to State Government Administration Committee
5/17/2023	House	Senate Committee Amendment No. 2 Motion to Concur Referred to State Government Administration Committee
5/18/2023	House	Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted State Government Administration Committee; 009-000-000
5/18/2023	House	Senate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted State Government Administration Committee; 009-000-000
5/19/2023	House	Added Chief Co-Sponsor Rep. Stephanie A. Kifowit
5/19/2023	House	Senate Committee Amendment No. 1 House Concurs 108-000-001
5/19/2023	House	Senate Committee Amendment No. 2 House Concurs 108-000-001
5/19/2023	House	House Concurs
5/19/2023	House	Passed Both Houses
6/12/2023	Senate	Alternate Chief Sponsor Changed to Sen. Don Harmon
6/16/2023	House	Sent to the Governor
8/4/2023	House	Governor Approved
8/4/2023	House	Effective Date August 4, 2023
8/4/2023	House	Public Act . . . . . . . . . 103-0446

	Deletes reference to:
	20 ILCS 3440/2

	Adds reference to:
	20 ILCS 3435/.02

	Deletes reference to:
	20 ILCS 3440/ 18 new

	Adds reference to:
	20 ILCS 3440/4.75 rep.