DNR-REMAINS-NATIVE AMERICANS House SponsorsRep. Mark L. Walker-Norine K. Hammond-Maurice A. West, II-Stephanie A. Kifowit, Diane Blair-Sherlock, Dagmara Avelar, Norma Hernandez, Aaron M. Ortiz, Edgar Gonzalez, Jr., Barbara Hernandez, Lilian Jiménez, Elizabeth "Lisa" Hernandez, Angelica Guerrero-Cuellar, Jaime M. Andrade, Jr., Suzanne M. Ness, Jawaharial Williams, Camille Y. Lilly, Theresa Mah, Jennifer Gong-Gershowitz, Will Guzzardi, Maura Hirschauer, Laura Faver Dias, Anne Stava-Murray, Mary Beth Canty, Mary E. Flowers and Harry Benton Senate Sponsors(Sen. Don Harmon, Karina Villa-David Koehler-Mike Simmons-Mary Edly-Allen, Michael W. Halpin, Cristina Castro-Win Stoller, Laura Ellman and Mattie Hunter) 8/4/2023HousePublic Act . . . . . . . . . 103-0446 20 ILCS 3440/2from Ch. 127, par. 266220 ILCS 3440/7from Ch. 127, par. 266720 ILCS 3440/12from Ch. 127, par. 267220 ILCS 3440/13from Ch. 127, par. 267320 ILCS 3440/14from Ch. 127, par. 267420 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.House Committee Amendment No. 1 Deletes reference to:20 ILCS 3440/2Adds reference to:20 ILCS 3435/.0220 ILCS 3435/520 ILCS 3440/0.01from Ch. 127, par. 266020 ILCS 3440/1from Ch. 127, par. 266120 ILCS 3440/3from Ch. 127, par. 266320 ILCS 3440/3.5 new20 ILCS 3440/4from Ch. 127, par. 266420 ILCS 3440/4.520 ILCS 3440/5from Ch. 127, par. 266520 ILCS 3440/6from Ch. 127, par. 266620 ILCS 3440/7from Ch. 127, par. 266720 ILCS 3440/8from Ch. 127, par. 266820 ILCS 3440/9from Ch. 127, par. 266920 ILCS 3440/10from Ch. 127, par. 267020 ILCS 3440/12from Ch. 127, par. 267220 ILCS 3440/13from Ch. 127, par. 267320 ILCS 3440/14from Ch. 127, par. 267420 ILCS 3440/15from Ch. 127, par. 267520 ILCS 3440/17 new20 ILCS 3440/18 new20 ILCS 3440/2 rep.20 ILCS 3440/11 rep.30 ILCS 105/5.990 new20 ILCS 3435/2from Ch. 127, par. 133c220 ILCS 3435/5from Ch. 127, par. 133c520 ILCS 3435/.02from Ch. 127, par. 133c.0220 ILCS 3435/5from Ch. 127, par. 133c5Replaces 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 newAdds 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 3440/4.520 ILCS 3440/520 ILCS 3440/720 ILCS 3440/17 new20 ILCS 3440/2 rep.20 ILCS 3440/4.75 rep.Adds reference to:5 ILCS 100/5-45.35 new5 ILCS 140/75 ILCS 810/520 ILCS 3435/3from Ch. 127, par. 133c320 ILCS 3435/7from Ch. 127, par. 133c720 ILCS 3435/8from Ch. 127, par. 133c820 ILCS 3435/10from Ch. 127, par. 133c1020 ILCS 3435/11from Ch. 127, par. 133c1120 ILCS 3435/12 new20 ILCS 3440/2from Ch. 127, par. 266220 ILCS 3440/16.1 new20 ILCS 3440/16.2 new20 ILCS 3440/16.3 new20 ILCS 3440/5 rep.20 ILCS 3440/7 rep.30 ILCS 105/5.990 newReplaces 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. 2/17/2023HouseFiled with the Clerk by Rep. Mark L. Walker 2/17/2023HouseFirst Reading 2/17/2023HouseReferred to Rules Committee 2/28/2023HouseAssigned to State Government Administration Committee 3/2/2023HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Mark L. Walker 3/2/2023HouseHouse Committee Amendment No. 1 Referred to Rules Committee 3/7/2023HouseHouse Committee Amendment No. 1 Rules Refers to State Government Administration Committee 3/8/2023HouseHouse Committee Amendment No. 1 Adopted in State Government Administration Committee; 009-000-000 3/8/2023HouseDo Pass as Amended / Short Debate State Government Administration Committee; 009-000-000 3/9/2023HousePlaced on Calendar 2nd Reading - Short Debate 3/10/2023HousePlaced on Calendar 2nd Reading - Short Debate 3/13/2023HouseAdded Co-Sponsor Rep. Norine K. Hammond 3/13/2023HouseRemoved Co-Sponsor Rep. Norine K. Hammond 3/17/2023HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Mark L. Walker 3/17/2023HouseHouse Floor Amendment No. 2 Referred to Rules Committee 3/20/2023HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Mark L. Walker 3/20/2023HouseHouse Floor Amendment No. 3 Referred to Rules Committee 3/21/2023HouseHouse Floor Amendment No. 2 Rules Refers to State Government Administration Committee 3/21/2023HouseHouse Floor Amendment No. 3 Rules Refers to State Government Administration Committee 3/22/2023HouseHouse Floor Amendment No. 2 Recommends Be Adopted State Government Administration Committee; 009-000-000 3/22/2023HouseHouse Floor Amendment No. 3 Recommends Be Adopted State Government Administration Committee; 009-000-000 3/22/2023HouseAdded Co-Sponsor Rep. Diane Blair-Sherlock 3/22/2023HouseHouse Floor Amendment No. 2 Adopted 3/22/2023HouseHouse Floor Amendment No. 3 Adopted 3/22/2023HouseSecond Reading - Short Debate 3/22/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate 3/23/2023HouseAdded Chief Co-Sponsor Rep. Norine K. Hammond 3/23/2023HouseAdded Chief Co-Sponsor Rep. Maurice A. West, II 3/23/2023HouseAdded Co-Sponsor Rep. Dagmara Avelar 3/23/2023HouseAdded Co-Sponsor Rep. Norma Hernandez 3/23/2023HouseAdded Co-Sponsor Rep. Aaron M. Ortiz 3/23/2023HouseAdded Co-Sponsor Rep. Edgar Gonzalez, Jr. 3/23/2023HouseAdded Co-Sponsor Rep. Barbara Hernandez 3/23/2023HouseAdded Co-Sponsor Rep. Lilian Jiménez 3/23/2023HouseAdded Co-Sponsor Rep. Elizabeth "Lisa" Hernandez 3/23/2023HouseAdded Co-Sponsor Rep. Angelica Guerrero-Cuellar 3/23/2023HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr. 3/23/2023HouseThird Reading - Short Debate - Passed 108-000-000 3/23/2023HouseAdded Co-Sponsor Rep. Suzanne M. Ness 3/23/2023HouseAdded Co-Sponsor Rep. Jawaharial Williams 3/23/2023HouseAdded Co-Sponsor Rep. Camille Y. Lilly 3/23/2023HouseAdded Co-Sponsor Rep. Theresa Mah 3/23/2023HouseAdded Co-Sponsor Rep. Jennifer Gong-Gershowitz 3/23/2023HouseAdded Co-Sponsor Rep. Will Guzzardi 3/23/2023HouseAdded Co-Sponsor Rep. Maura Hirschauer 3/23/2023HouseAdded Co-Sponsor Rep. Laura Faver Dias 3/23/2023HouseAdded Co-Sponsor Rep. Anne Stava-Murray 3/23/2023HouseAdded Co-Sponsor Rep. Mary Beth Canty 3/23/2023HouseAdded Co-Sponsor Rep. Mary E. Flowers 3/23/2023HouseAdded Co-Sponsor Rep. Harry Benton 3/27/2023SenateArrive in Senate 3/27/2023SenatePlaced on Calendar Order of First Reading 3/27/2023SenateChief Senate Sponsor Sen. Cristina H. Pacione-Zayas 3/27/2023SenateFirst Reading 3/27/2023SenateReferred to Assignments 3/30/2023SenateAdded as Alternate Co-Sponsor Sen. Karina Villa 4/5/2023SenateAdded as Alternate Chief Co-Sponsor Sen. David Koehler 4/5/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Mike Simmons 4/6/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Mary Edly-Allen 4/25/2023SenateAssigned to State Government 4/25/2023SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Cristina H. Pacione-Zayas 4/25/2023SenateSenate Committee Amendment No. 1 Referred to Assignments 4/26/2023SenateAdded as Alternate Co-Sponsor Sen. Michael W. Halpin 4/26/2023SenateSenate Committee Amendment No. 1 Assignments Refers to State Government 4/27/2023SenateAdded as Alternate Co-Sponsor Sen. Cristina Castro 4/28/2023SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Cristina H. Pacione-Zayas 4/28/2023SenateSenate Committee Amendment No. 2 Referred to Assignments 4/28/2023SenateRule 2-10 Committee Deadline Established As May 6, 2023 5/2/2023SenateSenate Committee Amendment No. 2 Assignments Refers to State Government 5/3/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Win Stoller 5/3/2023SenateSenate Committee Amendment No. 1 Adopted; State Government 5/3/2023SenateSenate Committee Amendment No. 2 Adopted; State Government 5/4/2023SenateDo Pass as Amended State Government; 009-000-000 5/4/2023SenatePlaced on Calendar Order of 2nd Reading May 5, 2023 5/10/2023SenateSecond Reading 5/10/2023SenatePlaced on Calendar Order of 3rd Reading May 11, 2023 5/11/2023SenateThird Reading - Passed; 055-000-000 5/11/2023SenateAdded as Alternate Co-Sponsor Sen. Laura Ellman 5/11/2023SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter 5/11/2023HouseArrived in House 5/12/2023HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2 5/12/2023HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Mark L. Walker 5/12/2023HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Mark L. Walker 5/12/2023HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee 5/12/2023HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee 5/17/2023HouseSenate Committee Amendment No. 1 Motion to Concur Referred to State Government Administration Committee 5/17/2023HouseSenate Committee Amendment No. 2 Motion to Concur Referred to State Government Administration Committee 5/18/2023HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted State Government Administration Committee; 009-000-000 5/18/2023HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted State Government Administration Committee; 009-000-000 5/19/2023HouseAdded Chief Co-Sponsor Rep. Stephanie A. Kifowit 5/19/2023HouseSenate Committee Amendment No. 1 House Concurs 108-000-001 5/19/2023HouseSenate Committee Amendment No. 2 House Concurs 108-000-001 5/19/2023HouseHouse Concurs 5/19/2023HousePassed Both Houses 6/12/2023SenateAlternate Chief Sponsor Changed to Sen. Don Harmon 6/16/2023HouseSent to the Governor 8/4/2023HouseGovernor Approved 8/4/2023HouseEffective Date August 4, 2023 8/4/2023HousePublic Act . . . . . . . . . 103-0446