HB3413 103RD GENERAL ASSEMBLY

  
  

 


 
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.


LRB103 30307 RLC 56735 b

 

 

A BILL FOR

 

HB3413LRB103 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 Human Skeletal Remains Protection Act is
5amended by changing Sections 2, 7, 12, 13, and 14 and by adding
6Section 17 as follows:
 
7    (20 ILCS 3440/2)  (from Ch. 127, par. 2662)
8    Sec. 2. Legislative finding and intentions. The General
9Assembly finds that existing laws do not provide equal or
10adequate protection for all human graves. There is a real and
11growing threat to the safety and sanctity of unregistered and
12unmarked graves. Numerous incidents in Illinois have resulted
13in the desecration of human remains and vandalism to grave
14markers. Similar incidents have occurred in neighboring states
15and as a result those states have increased their criminal
16penalties for such conduct. There is a strong likelihood that
17persons engaged for personal or financial gain in the mining
18of prehistoric and historic Native American Indian, pioneer,
19and Civil War veteran's graves will move their operations to
20Illinois to avoid the increased penalties being imposed in
21neighboring states. There is an immediate need for legislation
22to protect the graves of these earlier Illinoisans from such
23desecration. The General Assembly intends to assure with this

 

 

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1Act that all human burials be accorded equal treatment and
2respect for human dignity without reference to ethnic origins,
3cultural backgrounds or religious affiliations.
4    The General Assembly also finds that those persons engaged
5in the scientific study or collecting of artifacts which have
6not been acquired in violation of law are engaged in
7legitimate and worthy scientific, educational and recreational
8activities. This Act is not intended to interfere with the
9continued legitimate collecting activities or studies of such
10persons; nor is it intended to interfere with the normal
11enjoyment of private property owners, farmers, or those
12engaged in the development, mining or improvement of real
13property.
14(Source: P.A. 95-331, eff. 8-21-07.)
 
15    (20 ILCS 3440/7)  (from Ch. 127, par. 2667)
16    Sec. 7. It is unlawful for any person, either by himself or
17through an agent, to knowingly allow the disturbance of human
18skeletal remains, unregistered graves, or grave markers on
19property controlled by that person unless such disturbance is
20authorized by a permit issued by the Department of Natural
21Resources Historic Preservation Agency.
22(Source: P.A. 86-151.)
 
23    (20 ILCS 3440/12)  (from Ch. 127, par. 2672)
24    Sec. 12. Persons convicted of a violation of Section 4 or 5

 

 

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1of this Act shall also be liable for civil damages to be
2assessed by the Department of Natural Resources Historic
3Preservation Agency. Civil damages may include:
4    (a) forfeiture of any and all equipment used in disturbing
5the protected unregistered graves or grave markers;
6    (b) any and all costs incurred in cleaning, restoring,
7analyzing, accessioning and curating the recovered materials;
8    (c) any and all costs associated with restoring the land
9to its original contour or the grave marker to its original
10condition;
11    (d) any and all costs associated with recovery of data,
12and analyzing, publishing, accessioning and curating materials
13when the prohibited activity is so extensive as to preclude
14the restoration of the unregistered burials or grave markers;
15    (e) any and all costs associated with the reinterment of
16the human skeletal remains;
17    (f) any and all costs associated with the determination
18and 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 funds designated by the county board.
24(Source: P.A. 86-151.)
 
25    (20 ILCS 3440/13)  (from Ch. 127, par. 2673)

 

 

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1    Sec. 13. (a) The Director Department of Natural Resources
2shall develop regulations, in consultation with the Illinois
3State Museum, whereby permits may be issued for the removal of
4human skeletal remains and grave artifacts from unregistered
5graves or the removal of grave markers.
6    (b) Each permit shall specify all terms and conditions
7under which the removal of human skeletal remains, grave
8artifacts, or grave markers shall be carried out. All costs
9accrued in the removal of the aforementioned materials shall
10be borne by the permit applicant. Upon completion of the
11project, the permit holder shall submit a report of the
12results to the Department of Natural Resources.
13(Source: P.A. 100-695, eff. 8-3-18.)
 
14    (20 ILCS 3440/14)  (from Ch. 127, par. 2674)
15    Sec. 14. All human skeletal remains and grave artifacts in
16unregistered graves are held in trust for the people of
17Illinois by the State and are under the jurisdiction of the
18Department of Natural Resources. All materials collected under
19this Act shall be maintained, with dignity and respect, for
20the people of the State under the care of the Illinois State
21Museum and in compliance with the Native American Graves
22Protection and Repatriation Act of 1990.
23(Source: P.A. 100-695, eff. 8-3-18.)
 
24    (20 ILCS 3440/17 new)

 

 

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1    Sec. 17. Cemetery for the reburial of repatriated Native
2American remains and materials. The Director of Natural
3Resources, in cooperation with the Illinois State Museum, may
4create a cemetery on existing State lands for the reburial of
5repatriated Native American remains and materials. The
6cemetery shall not be used by the public and shall be protected
7by the State of Illinois. The Director of Natural Resources
8shall cooperate with the State Archaeologist and the Illinois
9State Museum to coordinate reinterment in the cemetery.