HB 3413

Abstract

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. House Committee Amendment No. 1 Deletes reference to: 20 ILCS 3440/2 Adds reference to: 20 ILCS 3435/.02 20 ILCS 3435/5 20 ILCS 3440/0.01 from Ch. 127, par. 2660 20 ILCS 3440/1 from Ch. 127, par. 2661 20 ILCS 3440/3 from Ch. 127, par. 2663 20 ILCS 3440/3.5 new 20 ILCS 3440/4 from Ch. 127, par. 2664 20 ILCS 3440/4.5 20 ILCS 3440/5 from Ch. 127, par. 2665 20 ILCS 3440/6 from Ch. 127, par. 2666 20 ILCS 3440/7 from Ch. 127, par. 2667 20 ILCS 3440/8 from Ch. 127, par. 2668 20 ILCS 3440/9 from Ch. 127, par. 2669 20 ILCS 3440/10 from Ch. 127, par. 2670 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 3440/15 from Ch. 127, par. 2675 20 ILCS 3440/17 new 20 ILCS 3440/18 new 20 ILCS 3440/2 rep. 20 ILCS 3440/11 rep. 30 ILCS 105/5.990 new 20 ILCS 3435/2 from Ch. 127, par. 133c2 20 ILCS 3435/5 from Ch. 127, par. 133c5 20 ILCS 3435/.02 from Ch. 127, par. 133c.02 20 ILCS 3435/5 from Ch. 127, par. 133c5 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. House Floor Amendment No. 2 Deletes reference to: 20 ILCS 3440/ 18 new Adds reference to: 20 ILCS 3440/4.75 rep. 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. House Floor Amendment No. 3 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. Senate Committee Amendment No. 1 Deletes reference to: 20 ILCS 3440/4.5 20 ILCS 3440/5 20 ILCS 3440/7 20 ILCS 3440/17 new 20 ILCS 3440/2 rep. 20 ILCS 3440/4.75 rep. Adds reference to: 5 ILCS 100/5-45.35 new 5 ILCS 140/7 5 ILCS 810/5 20 ILCS 3435/3 from Ch. 127, par. 133c3 20 ILCS 3435/7 from Ch. 127, par. 133c7 20 ILCS 3435/8 from Ch. 127, par. 133c8 20 ILCS 3435/10 from Ch. 127, par. 133c10 20 ILCS 3435/11 from Ch. 127, par. 133c11 20 ILCS 3435/12 new 20 ILCS 3440/2 from Ch. 127, par. 2662 20 ILCS 3440/16.1 new 20 ILCS 3440/16.2 new 20 ILCS 3440/16.3 new 20 ILCS 3440/5 rep. 20 ILCS 3440/7 rep. 30 ILCS 105/5.990 new 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. Senate Committee Amendment No. 2 In the amendatory provisions of the Human Remains Protection Act, provides that the Department of Natural Resources may create burial sites (rather than a burial site) on Department owned lands for the reburial of repatriated Native American human remains, unregistered graves, grave markers, or grave artifacts after tribal consultation with the federally recognized tribes with geographical and cultural affiliation with Illinois.