HB3413 103RD GENERAL ASSEMBLY

LRB103 30307 RLC 56735 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3413

Introduced 2/17/2023, by Rep. Mark L. Walker

SYNOPSIS AS INTRODUCED:

20 ILCS 3440/2	from Ch. 127, par. 2662
20 ILCS 3440/7	from Ch. 127, par. 2667
20 ILCS 3440/12	from Ch. 127, par. 2672
20 ILCS 3440/13	from Ch. 127, par. 2673
20 ILCS 3440/14	from Ch. 127, par. 2674
20 ILCS 3440/17 new

Amends the Human Skeletal Remains Protection Act. Changes references from "Indian" to "Native American" and "Historic Preservation Agency" to "Department of Natural Resources". Provides that the Director of Natural Resources, in cooperation with the Illinois State Museum, 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 State Archaeologist and the Illinois State Museum to coordinate reinterment in the cemetery.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Human Skeletal Remains Protection Act is amended by changing Sections 2, 7, 12, 13, and 14 and by adding Section 17 as follows:

(20 ILCS 3440/2) (from Ch. 127, par. 2662)

Sec. 2. Legislative finding and intentions. The General Assembly finds that existing laws do not provide equal or adequate protection for all human graves. There is a real and growing threat to the safety and sanctity of unregistered and unmarked graves. Numerous incidents in Illinois have resulted in the desecration of human remains and vandalism to grave markers. Similar incidents have occurred in neighboring states and as a result those states have increased their criminal penalties for such conduct. There is a strong likelihood that persons engaged for personal or financial gain in the mining of prehistoric and historic Native American Indian, pioneer, and Civil War veteran's graves will move their operations to Illinois to avoid the increased penalties being imposed in neighboring states. There is an immediate need for legislation to protect the graves of these earlier Illinoisans from such desecration. The General Assembly intends to assure with this Act that all human burials be accorded equal treatment and respect for human dignity without reference to ethnic origins, cultural backgrounds or religious affiliations.

The General Assembly also finds that those persons engaged in the scientific study or collecting of artifacts which have not been acquired in violation of law are engaged in legitimate and worthy scientific, educational and recreational activities. This Act is not intended to interfere with the continued legitimate collecting activities or studies of such persons; nor is it intended to interfere with the normal enjoyment of private property owners, farmers, or those engaged in the development, mining or improvement of real property.

(Source: P.A. 95-331, eff. 8-21-07.)

(20 ILCS 3440/7) (from Ch. 127, par. 2667)

Sec. 7. It is unlawful for any person, either by himself or through an agent, to knowingly allow the disturbance of human skeletal remains, unregistered graves, or grave markers on property controlled by that person unless such disturbance is authorized by a permit issued by the Department of Natural Resources Historic Preservation Agency.

(Source: P.A. 86-151.)

(20 ILCS 3440/12) (from Ch. 127, par. 2672)

Sec. 12. Persons convicted of a violation of Section 4 or 5 of this Act shall also be liable for civil damages to be assessed by the Department of Natural Resources Historic Preservation Agency. Civil damages may include:

(a) forfeiture of any and all equipment used in disturbing the protected unregistered graves or grave markers;

(b) any and all costs incurred in cleaning, restoring, analyzing, accessioning and curating the recovered materials;

(c) any and all costs associated with restoring the land to its original contour or the grave marker to its original condition;

(d) any and all costs associated with recovery of data, and analyzing, publishing, accessioning and curating materials when the prohibited activity is so extensive as to preclude the restoration of the unregistered burials or grave markers;

(e) any and all costs associated with the reinterment of the human skeletal remains;

(f) any and all costs associated with the determination and collection of the civil damages.

When civil damages are recovered through the Attorney General, the proceeds shall be deposited into the Historic Sites Fund; when civil damages are recovered through the State's Attorney, the proceeds shall be deposited into the county funds designated by the county board.

(Source: P.A. 86-151.)

(20 ILCS 3440/13) (from Ch. 127, par. 2673)

Sec. 13. (a) The Director Department of Natural Resources shall develop regulations, in consultation with the Illinois State Museum, whereby permits may be issued for the removal of human skeletal remains and grave artifacts from unregistered graves or the removal of grave markers.

(b) Each permit shall specify all terms and conditions under which the removal of human skeletal remains, grave artifacts, or grave markers shall be carried out. All costs accrued in the removal of the aforementioned materials shall be borne by the permit applicant. Upon completion of the project, the permit holder shall submit a report of the results to the Department of Natural Resources.

(Source: P.A. 100-695, eff. 8-3-18.)

(20 ILCS 3440/14) (from Ch. 127, par. 2674)

Sec. 14. All human skeletal remains and grave artifacts in unregistered graves are held in trust for the people of Illinois by the State and are under the jurisdiction of the Department of Natural Resources. All materials collected under this Act shall be maintained, with dignity and respect, for the people of the State under the care of the Illinois State Museum and in compliance with the Native American Graves Protection and Repatriation Act of 1990.

(Source: P.A. 100-695, eff. 8-3-18.)

(20 ILCS 3440/17 new)

Sec. 17. Cemetery for the reburial of repatriated Native American remains and materials. The Director of Natural Resources, in cooperation with the Illinois State Museum, may create a cemetery on existing State lands for the reburial of repatriated Native American remains and materials. The cemetery shall not be used by the public and shall be protected by the State of Illinois. The Director of Natural Resources shall cooperate with the State Archaeologist and the Illinois State Museum to coordinate reinterment in the cemetery.