HB4934 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4934

 

Introduced 2/7/2024, by Rep. Stephanie A. Kifowit

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3440/1  from Ch. 127, par. 2661
20 ILCS 3440/3.5
20 ILCS 3440/13  from Ch. 127, par. 2673

    Amends the Human Remains Protection Act. Provides that if remains that are over 100 years old are identified as veteran's remains, the Department of Natural Resources shall permit a veterans' organization to place a marker to designate that grave, if not already designated, as the grave of a veteran. Provides that if the grave is damaged or destroyed, the veterans' organization may fix, add, install, or refurbish the grave or replace a broken or damaged headstone. Before the veterans' organization may repair, refurbish, place a marker, or otherwise repair a broken headstone on the grave, the veterans' organization must make a good faith effort to contact the next of kin of the person whose grave has been identified and receive no response from the next of kin within a reasonable period of time as determined by the Department, by rule. Provides that the Department shall, by rule, determine what relationship to a person whose grave has been identified as a veteran's grave must be contacted by the veterans' organization.


LRB103 35553 RLC 65625 b

 

 

A BILL FOR

 

HB4934LRB103 35553 RLC 65625 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 Remains Protection Act is amended by
5changing Sections 1, 3.5, and 13 as follows:
 
6    (20 ILCS 3440/1)  (from Ch. 127, par. 2661)
7    Sec. 1. Definitions. For the purposes of this Act:
8    "Department" means the Department of Natural Resources.
9    "Disturb" or "disturbance" includes excavating, removing,
10exposing, probing, defacing, mutilating, destroying,
11molesting, or desecrating in any way human remains,
12unregistered graves, grave artifacts, and grave markers.
13    "Encounter" means to come upon human remains, grave
14artifacts, grave markers, or unregistered graves at a location
15where such viewing was not expected or anticipated.
16    "Grave artifacts" means any item of human manufacture or
17use that is associated with the human remains in an
18unregistered grave.
19    "Grave markers" means any tomb, monument, stone, ornament,
20mound, or other item of human manufacture that is associated
21with an unregistered grave.
22    "Human remains" include the bones and decomposed fleshy
23parts of a deceased human body.

 

 

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1    "Person" means any natural individual, firm, trust,
2estate, partnership, association, joint stock company, joint
3venture, limited-liability company, corporation or a receiver,
4trustee, guardian or other representatives appointed by order
5of any court, the Federal and State governments, including
6State Universities created by statute or any city, town,
7county or other political subdivision of this State.
8    "Tribal consultation" means a form of communication
9centered in trust, respect and shared responsibility that
10upholds Tribal sovereignty. It is a free and open process
11where the exchange of information and opinions are shared
12among the participating parties.
13    "Undertaking" means any project, activity, or construction
14that can result in changes to, disturbance of, moving, or
15destruction of human remains, grave artifacts, grave markers
16or unregistered graves.
17    "Unregistered grave" means any grave or location where a
18human body has been buried or deposited; is over 100 years old;
19and is not in a cemetery registered with or licensed by the
20State Comptroller under the Cemetery Care Act or under the
21authority of the Illinois Department of Financial and
22Professional Regulation pursuant to the Cemetery Oversight
23Act, whichever is applicable.
24    "Veteran" means a person who has served as a member of the
25armed forces of the United States, the Illinois National
26Guard, or a reserve component of the armed forces of the United

 

 

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1States and has been buried in a grave that is more than 100
2years old.
3    "Veterans' organization" means an organization comprised
4of members of which substantially all are individuals who are
5veterans or spouses, widows, or widowers of veterans, the
6primary purpose of which is to promote the welfare of its
7members and to provide assistance to the general public in
8such a way as to confer a public benefit.
9(Source: P.A. 103-446, eff. 8-4-23.)
 
10    (20 ILCS 3440/3.5)
11    Sec. 3.5. Encounter procedure. Except as otherwise
12provided in subsection (e) of Section 13, when When an
13undertaking encounters human remains, unregistered graves,
14grave markers, or grave artifacts, all activities shall cease
15within a 100-foot radius of the encounter. The encountering
16party shall notify the coroner and the Department as required
17in Section 3. If the coroner determines that the human remains
18are not over 100 years old, no further action is required under
19this Act. If the coroner does determine that the human remains
20are over 100 years old, the Department shall review the
21undertaking and may issue a permit pursuant to Section 13.
22During its review, if it is determined by the Department that
23the human remains, unregistered grave, grave marker, or grave
24artifact are Native American in origin, the Department shall
25conduct tribal consultation with the tribal nations that

 

 

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1identify as having or having had a historical, cultural, or
2geographic affiliation on the land where the undertaking will
3occur.
4(Source: P.A. 103-446, eff. 8-4-23.)
 
5    (20 ILCS 3440/13)  (from Ch. 127, par. 2673)
6    Sec. 13. Notification.
7    (a) If an undertaking will occur on property that the
8property owner has been notified in writing by the Department
9that the land is likely to contain human remains, unregistered
10graves, grave markers, or grave artifacts, a permit shall be
11obtained by the landowner from the Department.
12    (b) If human remains, unregistered graves, grave markers,
13or grave artifacts that were unknown and were encountered by
14any person, a permit shall be obtained from the Department
15before any work on the undertaking may continue.
16    (c) The Department of Natural Resources shall adopt
17administrative rules whereby permits shall be issued for the
18avoidance, disturbance, or removal of human remains,
19unregistered graves, grave markers, or grave artifacts, or a
20combination of those activities. The Department may adopt
21emergency rules in accordance with Sections 5-45 and 5-45.47
225-45.35 of the Illinois Administrative Procedure Act. The
23adoption of emergency rules authorized by Sections 5-45 and
245-45.47 5-45.35 of the Illinois Administrative Procedure Act
25and this paragraph is deemed to be necessary for the public

 

 

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1interest, safety, and welfare.
2    (d) Each permit shall specify all terms and conditions
3under which the avoidance, removal, or disturbance of human
4remains, grave artifacts, grave markers, or unregistered
5graves shall be carried out. All costs accrued in the removal
6of the aforementioned materials shall be borne by the permit
7applicant. Within 60 days of the completion of the
8undertaking, the permit holder shall submit a report, on a
9form provided by the Department, of the results to the
10Department.
11    (e) If remains that are over 100 years old are identified
12as a veteran's remains, the Department of Natural Resources
13shall permit a veterans' organization to place a marker to
14designate that grave, if not already designated, as the grave
15of a veteran. If the grave is damaged or destroyed, the
16veterans' organization may fix, add, install, or refurbish the
17grave or replace a broken or damaged headstone. Before the
18veterans' organization may repair, refurbish, place a marker,
19or otherwise repair a broken headstone on the grave, the
20veterans' organization must make a good faith effort to
21contact the next of kin of the person whose grave has been
22identified and receive no response from the next of kin within
23a reasonable period of time as determined by the Department,
24by rule. The Department shall, by rule, determine what
25relationship to a person whose grave has been identified as a
26veteran's grave must be contacted by the veterans'

 

 

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1organization.
2(Source: P.A. 103-446, eff. 8-4-23; revised 10-5-23.)