Full Text of HB4934 103rd General Assembly
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. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Human Remains Protection Act is amended by | 5 | | changing 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, | 10 | | exposing, probing, defacing, mutilating, destroying, | 11 | | molesting, or desecrating in any way human remains, | 12 | | unregistered graves, grave artifacts, and grave markers. | 13 | | "Encounter" means to come upon human remains, grave | 14 | | artifacts, grave markers, or unregistered graves at a location | 15 | | where such viewing was not expected or anticipated. | 16 | | "Grave artifacts" means any item of human manufacture or | 17 | | use that is associated with the human remains in an | 18 | | unregistered grave. | 19 | | "Grave markers" means any tomb, monument, stone, ornament, | 20 | | mound, or other item of human manufacture that is associated | 21 | | with an unregistered grave. | 22 | | "Human remains" include the bones and decomposed fleshy | 23 | | parts of a deceased human body. |
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| 1 | | "Person" means any natural individual, firm, trust, | 2 | | estate, partnership, association, joint stock company, joint | 3 | | venture, limited-liability company, corporation or a receiver, | 4 | | trustee, guardian or other representatives appointed by order | 5 | | of any court, the Federal and State governments, including | 6 | | State Universities created by statute or any city, town, | 7 | | county or other political subdivision of this State. | 8 | | "Tribal consultation" means a form of communication | 9 | | centered in trust, respect and shared responsibility that | 10 | | upholds Tribal sovereignty. It is a free and open process | 11 | | where the exchange of information and opinions are shared | 12 | | among the participating parties. | 13 | | "Undertaking" means any project, activity, or construction | 14 | | that can result in changes to, disturbance of, moving, or | 15 | | destruction of human remains, grave artifacts, grave markers | 16 | | or unregistered graves. | 17 | | "Unregistered grave" means any grave or location where a | 18 | | human body has been buried or deposited; is over 100 years old; | 19 | | and is not in a cemetery registered with or licensed by the | 20 | | State Comptroller under the Cemetery Care Act or under the | 21 | | authority of the Illinois Department of Financial and | 22 | | Professional Regulation pursuant to the Cemetery Oversight | 23 | | Act, whichever is applicable. | 24 | | "Veteran" means a person who has served as a member of the | 25 | | armed forces of the United States, the Illinois National | 26 | | Guard, or a reserve component of the armed forces of the United |
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| 1 | | States and has been buried in a grave that is more than 100 | 2 | | years old. | 3 | | "Veterans' organization" means an organization comprised | 4 | | of members of which substantially all are individuals who are | 5 | | veterans or spouses, widows, or widowers of veterans, the | 6 | | primary purpose of which is to promote the welfare of its | 7 | | members and to provide assistance to the general public in | 8 | | such 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 | 12 | | provided in subsection (e) of Section 13, when When an | 13 | | undertaking encounters human remains, unregistered graves, | 14 | | grave markers, or grave artifacts, all activities shall cease | 15 | | within a 100-foot radius of the encounter. The encountering | 16 | | party shall notify the coroner and the Department as required | 17 | | in Section 3. If the coroner determines that the human remains | 18 | | are not over 100 years old, no further action is required under | 19 | | this Act. If the coroner does determine that the human remains | 20 | | are over 100 years old, the Department shall review the | 21 | | undertaking and may issue a permit pursuant to Section 13. | 22 | | During its review, if it is determined by the Department that | 23 | | the human remains, unregistered grave, grave marker, or grave | 24 | | artifact are Native American in origin, the Department shall | 25 | | conduct tribal consultation with the tribal nations that |
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| 1 | | identify as having or having had a historical, cultural, or | 2 | | geographic affiliation on the land where the undertaking will | 3 | | occur. | 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 | 8 | | property owner has been notified in writing by the Department | 9 | | that the land is likely to contain human remains, unregistered | 10 | | graves, grave markers, or grave artifacts, a permit shall be | 11 | | obtained by the landowner from the Department. | 12 | | (b) If human remains, unregistered graves, grave markers, | 13 | | or grave artifacts that were unknown and were encountered by | 14 | | any person, a permit shall be obtained from the Department | 15 | | before any work on the undertaking may continue. | 16 | | (c) The Department of Natural Resources shall adopt | 17 | | administrative rules whereby permits shall be issued for the | 18 | | avoidance, disturbance, or removal of human remains, | 19 | | unregistered graves, grave markers, or grave artifacts, or a | 20 | | combination of those activities. The Department may adopt | 21 | | emergency rules in accordance with Sections 5-45 and 5-45.47 | 22 | | 5-45.35 of the Illinois Administrative Procedure Act. The | 23 | | adoption of emergency rules authorized by Sections 5-45 and | 24 | | 5-45.47 5-45.35 of the Illinois Administrative Procedure Act | 25 | | and this paragraph is deemed to be necessary for the public |
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| 1 | | interest, safety, and welfare. | 2 | | (d) Each permit shall specify all terms and conditions | 3 | | under which the avoidance, removal, or disturbance of human | 4 | | remains, grave artifacts, grave markers, or unregistered | 5 | | graves shall be carried out. All costs accrued in the removal | 6 | | of the aforementioned materials shall be borne by the permit | 7 | | applicant. Within 60 days of the completion of the | 8 | | undertaking, the permit holder shall submit a report, on a | 9 | | form provided by the Department, of the results to the | 10 | | Department. | 11 | | (e) If remains that are over 100 years old are identified | 12 | | as a veteran's remains, the Department of Natural Resources | 13 | | shall permit a veterans' organization to place a marker to | 14 | | designate that grave, if not already designated, as the grave | 15 | | of a veteran. If the grave is damaged or destroyed, the | 16 | | veterans' organization may fix, add, install, or refurbish the | 17 | | grave or replace a broken or damaged headstone. Before the | 18 | | veterans' organization may repair, refurbish, place a marker, | 19 | | or otherwise repair a broken headstone on the grave, the | 20 | | veterans' organization must make a good faith effort to | 21 | | contact the next of kin of the person whose grave has been | 22 | | identified and receive no response from the next of kin within | 23 | | a reasonable period of time as determined by the Department, | 24 | | by rule. The Department shall, by rule, determine what | 25 | | relationship to a person whose grave has been identified as a | 26 | | veteran's grave must be contacted by the veterans' |
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| 1 | | organization. | 2 | | (Source: P.A. 103-446, eff. 8-4-23; revised 10-5-23.) |
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