Public Act 103-0446
HB3413 EnrolledLRB103 30307 RLC 56735 b HB3413 Enrolled LRB103 30307 RLC 56735 b
HB3413 Enrolled LRB103 30307 RLC 56735 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.35 as follows:
(5 ILCS 100/5-45.35 new)
Sec. 5-45.35. Emergency rulemaking; Department of Natural
Resources. To provide for the expeditious and timely
implementation of Section 13 of the Human Remains Protection
Act, emergency rules implementing Section 13 of the Human
Remains Protection Act may be adopted in accordance with
Section 5-45 by the Department of Natural Resources. The
adoption of emergency rules authorized by Section 5-45 and
this Section is deemed to be necessary for the public
interest, safety, and welfare.
This Section is repealed one year after the effective date
of this amendatory Act of the 103rd General Assembly.
Section 10. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7)
(Text of Section before amendment by P.A. 102-982)
HB3413 Enrolled LRB103 30307 RLC 56735 b
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law,
or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic accidents, traffic accident
reports, and rescue reports shall be provided by
agencies of local government, except when disclosure
would interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation, or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit
Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings, and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys, and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self-insurance self insurance (including any
intergovernmental risk management association or
self-insurance self insurance pool) claims, loss or risk
management information, records, data, advice, or
communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, but only to the extent that disclosure
could reasonably be expected to expose the vulnerability
or jeopardize the effectiveness of the measures, policies,
or plans, or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, to
cybersecurity vulnerabilities, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Section Sections 10-20.38 or 34-18.29 of
the School Code, and information about undergraduate
students enrolled at an institution of higher education
exempted from disclosure under Section 25 of the Illinois
Credit Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) Records concerning the work of the threat
assessment team of a school district, including, but not
limited to, any threat assessment procedure under the
School Safety Drill Act and any information contained in
the procedure.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.
(nn) (mm) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(oo) (mm) Records described in subsection (f) of
Section 3-5-1 of the Unified Code of Corrections.
(pp) Any and all information regarding burials,
interments, or entombments of human remains as required to
be reported to the Department of Natural Resources
pursuant either to the Archaeological and Paleontological
Resources Protection Act or the Human Remains Protection
Act.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
12-13-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law,
or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic crashes, traffic crash reports,
and rescue reports shall be provided by agencies of
local government, except when disclosure would
interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation, or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the
Illinois State Police and Illinois State Police Merit
Board.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings, and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys, and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self-insurance self insurance (including any
intergovernmental risk management association or
self-insurance self insurance pool) claims, loss or risk
management information, records, data, advice, or
communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, but only to the extent that disclosure
could reasonably be expected to expose the vulnerability
or jeopardize the effectiveness of the measures, policies,
or plans, or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, to
cybersecurity vulnerabilities, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Section Sections 10-20.38 or 34-18.29 of
the School Code, and information about undergraduate
students enrolled at an institution of higher education
exempted from disclosure under Section 25 of the Illinois
Credit Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) Records concerning the work of the threat
assessment team of a school district, including, but not
limited to, any threat assessment procedure under the
School Safety Drill Act and any information contained in
the procedure.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.
(nn) (mm) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(oo) (mm) Records described in subsection (f) of
Section 3-5-1 of the Unified Code of Corrections.
(pp) Any and all information regarding burials,
interments, or entombments of human remains as required to
be reported to the Department of Natural Resources
pursuant either to the Archaeological and Paleontological
Resources Protection Act or the Human Remains Protection
Act.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
6-10-22; revised 12-13-22.)
Section 15. The Seizure and Forfeiture Reporting Act is
amended by changing Section 5 as follows:
(5 ILCS 810/5)
Sec. 5. Applicability. This Act is applicable to property
seized or forfeited under the following provisions of law:
(1) Section 3.23 of the Illinois Food, Drug and
Cosmetic Act;
(2) Section 44.1 of the Environmental Protection Act;
(3) Section 105-55 of the Herptiles-Herps Act;
(4) Section 1-215 of the Fish and Aquatic Life Code;
(5) Section 1.25 of the Wildlife Code;
(6) Section 17-10.6 of the Criminal Code of 2012
(financial institution fraud);
(7) Section 28-5 of the Criminal Code of 2012
(gambling);
(8) Article 29B of the Criminal Code of 2012 (money
laundering);
(9) Article 33G of the Criminal Code of 2012 (Illinois
Street Gang and Racketeer Influenced And Corrupt
Organizations Law);
(10) Article 36 of the Criminal Code of 2012 (seizure
and forfeiture of vessels, vehicles, and aircraft);
(11) Section 47-15 of the Criminal Code of 2012
(dumping garbage upon real property);
(12) Article 124B of the Code of Criminal Procedure of
1963 (forfeiture);
(13) the Drug Asset Forfeiture Procedure Act;
(14) the Narcotics Profit Forfeiture Act;
(15) the Illinois Streetgang Terrorism Omnibus
Prevention Act; and
(16) the Illinois Securities Law of 1953; .
(17) the Archaeological and Paleontological Resources
Protection Act; and
(18) the Human Remains Protection Act.
(Source: P.A. 102-558, eff. 8-20-21.)
Section 20. The Archaeological and Paleontological
Resources Protection Act is amended by changing Sections .02,
3, 5, 7, 8, 10, and 11 and by adding Section 12 as follows:
(20 ILCS 3435/.02) (from Ch. 127, par. 133c.02)
Sec. .02. Definitions. For purposes of this Act:
(a) "Archaeological resource" means any significant
material remains or localities of past human life or
activities on public land, including but not limited to
artifacts, historic and prehistoric human skeletal remains,
mounds, earthworks, shipwrecks, forts, village sites or mines.
(b) "Department" means the Department of Natural
Resources.
"Disturb" includes defacing, mutilating, injuring,
exposing, removing, destroying, desecrating or molesting in
any way.
"Human remains" include the bones and decomposed fleshy
parts of a deceased human body.
(c) "Paleontological resource" means any significant
fossil or material remains on public lands including traces or
impressions of animals or plants that occur as part of the
geological record that are known and are included in the files
maintained by the Department Illinois State Museum under
Section 10.
(d) "Person" means any natural individual, firm, trust,
estate, partnership, association, joint stock company, joint
venture, corporation or a receiver, trustee, guardian or other
representative appointed by order of any court, the federal
and State governments, including State universities created by
statute or any city, town, county or other political
subdivision of this State.
(e) "Public land" means any land owned, but does not
include land leased as lessee, by the State of Illinois or its
agencies, a State university created by statute, a
municipality or a unit of local government.
(Source: P.A. 86-459; 86-707.)
(20 ILCS 3435/3) (from Ch. 127, par. 133c3)
Sec. 3. Permits.
(a) It is unlawful for any person, either by himself or
through an agent, to knowingly explore, excavate, possess, or
collect any of the archaeological or paleontological resources
protected by this Act, unless such person obtains a permit
issued by the Department of Natural Resources.
(b) It is unlawful for any person, either by himself or
through an agent, to knowingly disturb any archaeological or
paleontological resource protected under this Act.
(c) It is unlawful for any person, either by himself or
through an agent, to offer any object for sale or exchange with
the knowledge that it has been previously collected or
excavated in violation of this Act.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3435/5) (from Ch. 127, par. 133c5)
Sec. 5. Penalties. Any violation of Section 3 not
involving the disturbance of human skeletal remains is a Class
A misdemeanor and the violator shall also be subject to
imprisonment and a fine not in excess of $5,000; any
subsequent violation is a Class 4 felony. Any violation of
Section 3 involving disturbance of human skeletal remains is a
Class 4 felony. Each disturbance of an archaeological site or
a paleontological site shall constitute a single offense.
Persons convicted of a violation of Section 3 shall also be
ordered to pay restitution. Such restitution is liable for
civil damages to be assessed by the circuit court land
managing agency and the Department of Natural Resources.
Restitution Civil damages may include, but is not limited to:
(a) (blank); forfeiture of any and all equipment used
in acquiring the protected material;
(b) any and all costs incurred in cleaning, restoring,
analyzing, accessioning and curating the recovered
materials;
(c) any and all costs associated with restoring the
land to its original contour;
(d) any and all costs associated with recovery of data
and analyzing, publishing, accessioning and curating
materials when the prohibited activity is so extensive as
to preclude the restoration of the archaeological or
paleontological site;
(e) any and all costs associated with the
determination and collection of restitution the civil
damages.
When restitution is ordered in a case that is prosecuted
by civil damages are recovered through the Attorney General,
all restitution the proceeds shall be deposited into the
Historic Sites Fund; when restitution is ordered in a case
that is prosecuted by civil damages are recovered through the
State's Attorney, the proceeds shall be deposited into the
county fund designated by the county board.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3435/7) (from Ch. 127, par. 133c7)
Sec. 7. Property of the State; Department management. All
materials and associated records remain the property of the
State and are managed by the Department Illinois State Museum.
The Illinois State Museum, in consultation with the Department
of Natural Resources, is authorized to establish long-term
curation agreements with Tribal Nations, universities, museums
and other organizations.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3435/8) (from Ch. 127, par. 133c8)
Sec. 8. Department exempt from permit requirements.
(a) The Department Illinois State Museum shall be exempt
from the permit requirements established by this Act for lands
under its direct management but shall register that
exploration with the Department of Natural Resources; such
registration shall include the information required under
subsection (c) of Section 6.
(b) Any agency or department of the State of Illinois
which has on its staff a professional archaeologist or
paleontologist who meets the minimum qualifications
established in Section 9 and which has in effect a memorandum
of agreement with the Department of Natural Resources for the
protection, preservation and management of archaeological and
paleontological resources shall be exempt from the permit
requirements established by this Act.
(c) Activities reviewed by the Department of Natural
Resources pursuant to Section 106 of the National Historic
Preservation Act (16 U.S.C. 470f) shall be exempt from these
permitting requirements.
(d) Where a local government's activities are funded in
whole or in part by a State agency and the funded activities
are supervised or controlled by the State agency, the local
government shall be exempt from the permit requirements
established by this Act to the same extent that the State
agency is exempt. The State agency shall be responsible for
undertaking or causing to be undertaken any steps necessary to
comply with this Act for those local government actions so
exempted.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3435/10) (from Ch. 127, par. 133c10)
Sec. 10. Files containing information on known
archaeological and paleontological sites. The Illinois State
Museum, in cooperation with the Department of Natural
Resources, shall develop and maintain files containing
information on known archaeological and paleontological sites
in the State, whether on State controlled or privately owned
property. The Department of Natural Resources shall ensure the
safety of those sites by promulgating regulations limiting
access to those files as necessary.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3435/11) (from Ch. 127, par. 133c11)
Sec. 11. Violation of administrative rules. The Department
of Natural Resources, in consultation with other State
agencies and Departments that own or control land, shall
promulgate such regulations as may be necessary to carry out
the purposes of this Act.
It is unlawful to violate any administrative rule
promulgated pursuant to this Act. A violation of
administrative rules promulgated pursuant to this Act is a
Class B misdemeanor.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3435/12 new)
Sec. 12. Seizure.
(a) 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 this Act, including
administrative rules, is a public nuisance and subject to
seizure and confiscation by any authorized employee of the
Department; upon the seizure of such item the Department shall
take and hold the same until disposed of as hereinafter
provided.
(b) Upon the seizure of any property as herein provided,
the authorized employee of the Department making such seizure
shall forthwith cause a complaint to be filed before the
circuit court and a summons to be issued requiring the person
who illegally used or operated or attempted to use or operate
such property and the owner and person in possession of such
property to appear in court and show cause why the property
seized should not be forfeited to the State. Upon the return of
the summons duly served or other notice as herein provided,
the court shall proceed to determine the question of the
illegality of the use of the seized property and upon judgment
being entered to the effect that such property was illegally
used, an order may be entered providing for the forfeiture of
such seized property to the Department and shall thereupon
become the property of the Department; but the owner of such
property may have a jury determine the illegality of its use,
and shall have the right of an appeal, as in other cases. Such
confiscation or forfeiture shall not preclude or mitigate
against prosecution and assessment of penalties otherwise
provided in this Act.
(c) Upon seizure of any property under circumstances
supporting a reasonable belief that such property was
abandoned, lost or stolen or otherwise illegally possessed or
used contrary to the provisions of this Act, except property
seized during a search or arrest, and ultimately returned,
destroyed, or otherwise disposed of pursuant to order of a
court in accordance with this Act, the Department shall make
reasonable inquiry and efforts to identify and notify the
owner or other person entitled to possession thereof, and
shall return the property after such person provides
reasonable and satisfactory proof of his ownership or right to
possession and reimburses the Department for all reasonable
expenses of such custody. If the identity or location of the
owner or other person entitled to possession of the property
has not been ascertained within 6 months after the Department
obtains such possession, the Department shall effectuate the
sale of the property for cash to the highest bidder at a public
auction. The owner or other person entitled to possession of
such property may claim and recover possession of the property
at any time before its sale at public auction, upon providing
reasonable and satisfactory proof of ownership or right of
possession and reimbursing the Department for all reasonable
expenses of custody thereof.
(d) Any property forfeited to the State by court order
pursuant to this Section may be disposed of by public auction,
except that any property which is the subject of such a court
order shall not be disposed of pending appeal of the order. The
proceeds of the sales at auction shall be deposited in the
Historic Sites Fund.
(e) The Department shall pay all costs of notices required
by this Section.
Property seized or forfeited under this Section is subject
to reporting under the Seizure and Forfeiture Reporting Act.
(f) This Section does not apply to archaeological or
paleontological resources that were recovered by the
Department or other law enforcement agency during an
investigation of a violation of this Act.
Section 25. The Human Skeletal Remains Protection Act is
amended by changing Sections 0.01, 1, 2, 3, 4, 6, 8, 9, 10, 12,
13, 14, 15, and 16 and by adding Sections 3.5, 16.1, 16.2, and
16.3 as follows:
(20 ILCS 3440/0.01) (from Ch. 127, par. 2660)
Sec. 0.01. Short title. This Act may be cited as the Human
Skeletal Remains Protection Act.
(Source: P.A. 86-1324.)
(20 ILCS 3440/1) (from Ch. 127, par. 2661)
Sec. 1. Definitions. For the purposes of this Act:
"Department" means the Department of Natural Resources.
"Disturb" or "disturbance" includes excavating, removing,
exposing, probing, defacing, mutilating, destroying,
molesting, or desecrating in any way human remains,
unregistered graves, grave artifacts, and grave markers.
"Encounter" means to come upon human remains, grave
artifacts, grave markers, or unregistered graves at a location
where such viewing was not expected or anticipated.
"Grave artifacts" means any item of human manufacture or
use that is associated with the human remains in an
unregistered grave.
"Grave markers" means any tomb, monument, stone, ornament,
mound, or other item of human manufacture that is associated
with an unregistered grave.
(a) "Human skeletal remains" include the bones and
decomposed fleshy parts of a deceased human body.
"Person" means any natural individual, firm, trust,
estate, partnership, association, joint stock company, joint
venture, limited-liability company, corporation or a receiver,
trustee, guardian or other representatives appointed by order
of any court, the Federal and State governments, including
State Universities created by statute or any city, town,
county or other political subdivision of this State.
"Tribal consultation" means a form of communication
centered in trust, respect and shared responsibility that
upholds Tribal sovereignty. It is a free and open process
where the exchange of information and opinions are shared
among the participating parties.
"Undertaking" means any project, activity, or construction
that can result in changes to, disturbance of, moving, or
destruction of human remains, grave artifacts, grave markers
or unregistered graves.
(b) "Unregistered grave graves" means are any grave graves
or location locations where a human body has been buried or
deposited; is over 100 years old; and is not in a cemetery
registered with or licensed by the State Comptroller under the
Cemetery Care Act or under the authority of the Illinois
Department of Financial and Professional Regulation pursuant
to the Cemetery Oversight Act, whichever is applicable.
(c) "Grave artifacts" are any item of human manufacture or
use that is associated with the human skeletal remains in an
unregistered grave.
(d) "Grave markers" are any tomb, monument, stone,
ornament, mound, or other item of human manufacture that is
associated with an unregistered grave.
(e) "Person" means any natural individual, firm, trust,
estate, partnership, association, joint stock company, joint
venture, corporation or a receiver, trustee, guardian or other
representatives appointed by order of any court, the Federal
and State governments, including State Universities created by
statute or any city, town, county or other political
subdivision of this State.
(f) "Disturb" includes excavating, removing, exposing,
defacing, mutilating, destroying, molesting, or desecrating in
any way human skeletal remains, unregistered graves, and grave
markers.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(20 ILCS 3440/2) (from Ch. 127, par. 2662)
Sec. 2. Legislative finding and intentions. The General
Assembly finds that existing laws do not provide equal or
adequate protection for all human graves. There is a real and
growing threat to the safety and sanctity of unregistered and
unmarked graves. Numerous incidents in Illinois have resulted
in the desecration of human remains and vandalism to graves
and grave markers. Similar incidents have occurred in
neighboring states and as a result those states have increased
their criminal penalties for such conduct. Strong and
meaningful relationships between the State of Illinois and
tribal nations geographically and culturally affiliated to the
land now known as the State of Illinois must be cultivated.
There is a strong likelihood that persons engaged for personal
or financial gain in the mining of prehistoric and historic
Indian, pioneer, and Civil War veteran's graves will move
their operations to Illinois to avoid the increased penalties
being imposed in neighboring states. There is an immediate
need for legislation to protect the graves of Native Americans
and any other peoples geographically and culturally affiliated
to the land now known as the State of Illinois these earlier
Illinoisans from such desecration. The General Assembly
intends to assure with this Act that all human burials be
accorded equal treatment and respect for human dignity without
reference to ethnic origins, cultural backgrounds or religious
affiliations.
The General Assembly finds that the intentional looting
of, desecration of, or profiting from human remains and
mortuary objects are deplorable actions that must be
prohibited. When human remains and unregistered graves are
unintentionally encountered, they must be treated with respect
and in accordance with law. This Act is not intended The
General Assembly also finds that those persons engaged in the
scientific study or collecting of artifacts which have not
been acquired in violation of law are engaged in legitimate
and worthy scientific, educational and recreational
activities. This Act is not intended to interfere with the
continued legitimate collecting activities or studies of such
persons; nor is it intended to interfere with the normal
enjoyment of private property owners, farmers, or those
engaged in the development, mining or improvement of real
property.
(Source: P.A. 95-331, eff. 8-21-07.)
(20 ILCS 3440/3) (from Ch. 127, par. 2663)
Sec. 3. Notification to coroner and Department. Any person
who encounters discovers human skeletal remains subject to
this Act shall promptly notify the coroner and shall notify
the Department within 48 hours of the encounter. Any person
who knowingly fails to report such an encounter as required by
this section a discovery within 48 hours is guilty of a Class C
misdemeanor, unless such person has reasonable cause to
believe that the coroner and the Department had already been
so notified. If the human skeletal remains appear to be from an
unregistered grave, the coroner shall promptly notify the
Department of Natural Resources prior to their removal.
Nothing in this Act shall be construed to apply to human
skeletal remains subject to "An Act to revise the law in
relation to coroners".
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3440/3.5 new)
Sec. 3.5. Encounter procedure. When an undertaking
encounters human remains, unregistered graves, grave markers,
or grave artifacts, all activities shall cease within a
100-foot radius of the encounter. The encountering party shall
notify the coroner and the Department as required in Section
3. If the coroner determines that the human remains are not
over 100 years old, no further action is required under this
Act. If the coroner does determine that the human remains are
over 100 years old, the Department shall review the
undertaking and may issue a permit pursuant to Section 13.
During its review, if it is determined by the Department that
the human remains, unregistered grave, grave marker, or grave
artifact are Native American in origin, the Department shall
conduct tribal consultation with the tribal nations that
identify as having or having had a historical, cultural, or
geographic affiliation on the land where the undertaking will
occur.
(20 ILCS 3440/4) (from Ch. 127, par. 2664)
Sec. 4. Disturbing human remains.
(a) It is unlawful for any person, either by himself or
through an agent, to knowingly or recklessly disturb or to
knowingly or recklessly allow the disturbance of human
skeletal remains, unregistered graves, grave markers, or and
grave artifacts that originated from any land that is now part
of the State of Illinois and in unregistered graves protected
by this Act unless such disturbance is authorized by person
obtains a permit issued by the Department of Natural
Resources. A violation of this Section is a Class 4 felony.
(b) This Section does not apply to:
(1) persons employed by or agents of a county medical
examiner's office or coroner's office acting within the
scope of their employment;
(2) the acts of a licensed funeral director or
embalmer while performing acts authorized by the Funeral
Directors and Embalmers Licensing Code;
(3) cemeteries and cemetery personnel while performing
acts pursuant to a bona fide request from the involved
cemetery consumer or his or her heirs, or pursuant to an
interment or disinterment permit or a court order, or as
authorized under Section 14.5 of the Cemetery Protection
Act, or any other actions legally authorized for cemetery
employees;
(4) the acts of emergency medical personnel or
physicians performed in good faith and according to the
usual and customary standards of medical practice in an
attempt to resuscitate a life;
(5) physicians licensed to practice medicine in all of
its branches or holding a visiting professor, physician,
or resident permit under the Medical Practice Act of 1987,
performing acts in accordance with usual and customary
standards of medical practice, or a currently enrolled
student in an accredited medical school in furtherance of
his or her education at the accredited medical school;
(6) removing or carrying away human remains by the
employees, independent contractors, or other persons
designated by the federally designated organ procurement
agency engaged in the organ and tissue procurement
process; or
(7) Department employees in the course of their
official duties pursuant to this Act.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3440/6) (from Ch. 127, par. 2666)
Sec. 6. Violations.
(a) It is unlawful for any person, either by himself or
through an agent, to knowingly or recklessly:
(1) charge admission or a fee to observe;
(2) sell;
(3) purchase; or
(4) transport for sale or to a location that will
charge admission or a fee to observe any human remains,
grave artifacts, or grave markers that are Native American
in origin or that originated from any land that is now part
of the State of Illinois.
A person who violates this Section commits a Class A
misdemeanor for a first violation and a Class 4 felony for a
second or subsequent violation offer any human skeletal
remains, grave artifacts or grave markers for sale or exchange
with the knowledge that they have been collected or excavated
in violation of this Act.
(b) This Section does not apply to:
(1) the acts of a licensed funeral director or
embalmer while performing acts authorized by the Funeral
Directors and Embalmers Licensing Code; or
(2) cemeteries and cemetery personnel while performing
acts pursuant to a bona fide request from the involved
cemetery consumer or his or her heirs, or pursuant to an
interment or disinterment permit or a court order, or as
authorized under Section 14.5 of the Cemetery Protection
Act, or any other actions legally authorized for cemetery
employees.
(Source: P.A. 86-151.)
(20 ILCS 3440/8) (from Ch. 127, par. 2668)
Sec. 8. Duties of the State's Attorney and Attorney
General. The State's Attorney of the county in which a
violation of Sections 4, 5, 6, or 7 of this Act or
administrative rules is alleged to have occurred, or the
Attorney General, may be requested by the Department Director
of Natural Resources to initiate criminal prosecutions and or
to seek restitution, civil damages, injunctive relief and any
other appropriate relief. The Department of Natural Resources
shall co-operate with the State's Attorney or the Attorney
General. Persons wishing to report aware of any violations of
this Act shall contact the Department of Natural Resources.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3440/9) (from Ch. 127, par. 2669)
Sec. 9. Rewards for information leading to arrest of
violators of the Act. The Department of Natural Resources is
authorized to offer a reward of up to $5,000 $2000 for
information leading to the arrest and conviction of persons
who violate Sections 4, 5, 6, and 7 of this Act.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3440/10) (from Ch. 127, par. 2670)
Sec. 10. Penalties. Any violation of Sections 4, 6 or 7 of
this Act, unless otherwise specified, is a Class A misdemeanor
for a first violation and a Class 4 felony for a second or
subsequent violation. Any violation of administrative rules
adopted under this Act is a Class B misdemeanor and the
violator shall be subject to imprisonment for not more than 1
year and a fine not in excess of $10,000; any subsequent
violation is a Class 4 felony. Each disturbance of human
remains, an unregistered graves, grave markers, or grave
artifacts grave constitutes a separate offense.
(Source: P.A. 86-151.)
(20 ILCS 3440/12) (from Ch. 127, par. 2672)
Sec. 12. Restitution. Persons convicted of a violation of
Section 3, 3.5, 4, or 6 Section 4 or 5 of this Act shall also
be liable for restitution civil damages to be assessed by the
circuit court Historic Preservation Agency. Restitution Civil
damages may include, but is not limited to:
(a) (blank); forfeiture of any and all equipment used in
disturbing the protected unregistered graves or grave markers;
(b) any and all costs incurred in cleaning, restoring,
repairing, analyzing, accessioning and curating the recovered
materials, including, but not limited to, fees for experts the
Department needed to complete any restoration or
identification required under this Act;
(c) any and all costs associated with restoring the land
to its original contour or the grave marker to its original
condition;
(d) any and all costs associated with recovery of data,
and analyzing, publishing, accessioning and curating materials
when the prohibited activity is so extensive as to preclude
the restoration of the unregistered burials or grave markers;
(e) any and all costs associated with the reinterment of
the human skeletal remains;
(f) any and all costs associated with the determination
and collection of restitution; and the civil damages.
(g) for Native American remains and materials, any and all
costs of traveling for tribal nation representatives for
reinterment or repatriation activities and for non-Native
American remains and materials, any and all costs of traveling
for experts the Department needed to complete any restoration
or identification required under this Act.
When restitution is ordered in a case prosecuted by civil
damages are recovered through the Attorney General, the
restitution proceeds shall be deposited into the Repatriation
and Reinterment Historic Sites Fund; when restitution is
ordered in a case prosecuted by civil damages are recovered
through the State's Attorney, the proceeds shall be deposited
into the county funds designated by the county board that may
only be used for repatriation or reinterment.
(Source: P.A. 86-151.)
(20 ILCS 3440/13) (from Ch. 127, par. 2673)
Sec. 13. Notification.
(a) If an undertaking will occur on property that the
property owner has been notified in writing by the Department
that the land is likely to contain human remains, unregistered
graves, grave markers, or grave artifacts, a permit shall be
obtained by the landowner from the Department.
(b) If human remains, unregistered graves, grave markers,
or grave artifacts that were unknown and were encountered by
any person, a permit shall be obtained from the Department
before any work on the undertaking may continue.
(c) The Department of Natural Resources shall adopt
administrative rules develop regulations, in consultation with
the Illinois State Museum, whereby permits shall may be issued
for the avoidance, disturbance, or removal of human remains,
unregistered graves, grave markers, or grave artifacts, or a
combination of those activities removal of human skeletal
remains and grave artifacts from unregistered graves or the
removal of grave markers. The Department may adopt emergency
rules in accordance with Sections 5-45 and 5-45.35 of the
Illinois Administrative Procedure Act. The adoption of
emergency rules authorized by Sections 5-45 and 5-45.35 of the
Illinois Administrative Procedure Act and this paragraph is
deemed to be necessary for the public interest, safety, and
welfare.
(d) (b) Each permit shall specify all terms and conditions
under which the avoidance, removal, or disturbance of human
skeletal remains, grave artifacts, or grave markers, or
unregistered graves shall be carried out. All costs accrued in
the removal of the aforementioned materials shall be borne by
the permit applicant. Within 60 days of the Upon completion of
the undertaking project, the permit holder shall submit a
report, on a form provided by the Department, of the results to
the Department of Natural Resources.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3440/14) (from Ch. 127, par. 2674)
Sec. 14. Native American human remains. All Native
American human remains, unregistered graves, grave markers,
and grave artifacts are the property of the Native American
nations geographically and culturally affiliated with
Illinois. The Department shall maintain and care for Native
American property until tribal consultation has been completed
and the tribes have made the final decision for repatriation
or other arrangements have been established. The Department
shall:
(1) maintain records;
(2) conduct tribal consultation;
(3) provide reports to tribal nations; and
(4) facilitate repatriation and reinterment efforts.
Such repatriation and reinterment efforts shall be with
tribal approval.
All non-Native American human skeletal remains, grave markers,
and grave artifacts in unregistered graves are held in trust
for the people of Illinois by the State and are under the
jurisdiction of the Department until and unless they are
repatriated to descendants or other arrangements have been
established. Unless and until they are repatriated, all of
Natural Resources. All materials collected under this Act
shall be maintained, with dignity and respect, for the people
of the State under the care of the Department Illinois State
Museum.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3440/15) (from Ch. 127, par. 2675)
Sec. 15. Rules. The Department of Natural Resources shall
adopt promulgate such administrative rules regulations as may
be necessary to carry out the purposes of this Act in
accordance with the Illinois Administrative Procedure Act.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3440/16) (from Ch. 127, par. 2676)
Sec. 16. Exemptions. Activities reviewed by the Department
of Natural Resources pursuant to Section 106 of the National
Historic Preservation Act (16 U.S.C. 470f) and activities
permitted pursuant to the Federal Surface Mining Control and
Reclamation Act of 1977 (P.L. 95-87), or the rules and
regulations promulgated thereunder or any law, rule or
regulation adopted by the State of Illinois thereunder shall
be exempt from these permitting requirements.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3440/16.1 new)
Sec. 16.1. Burial sites on Department owned lands. The
Department may create burial sites 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. The
burial sites shall not be used by the public and shall be
protected by the State of Illinois.
(20 ILCS 3440/16.2 new)
Sec. 16.2. Repatriation and Reinterment Fund. The
Repatriation and Reinterment Fund is created in the State
treasury. All restitution collected from the prosecution of
any violation of this Act shall be deposited in the fund and
each deposit shall only be used to cover the restitution that
was so ordered in an individual case pursuant to Section 12.
The General Assembly may allocate appropriations to this fund
to cover the cost of, including but not limited to,
reinterment, repatriation, repair, or restoration of human
remains, unregistered graves, grave markers, or grave
artifacts that are in the custody of the Department.
(20 ILCS 3440/16.3 new)
Sec. 16.3. Forfeiture.
(a) 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 this Act, including
administrative rules, is a public nuisance and subject to
seizure and confiscation by any authorized employee of the
Department; upon the seizure of such item the Department shall
take and hold the same until disposed of as hereinafter
provided.
(b) Upon the seizure of any property as herein provided,
the authorized employee of the Department making such seizure
shall forthwith cause a complaint to be filed before the
circuit court and a summons to be issued requiring the person
who illegally used or operated or attempted to use or operate
such property and the owner and person in possession of such
property to appear in court and show cause why the property
seized should not be forfeited to the State. Upon the return of
the summons duly served or other notice as herein provided,
the court shall proceed to determine the question of the
illegality of the use of the seized property and upon judgment
being entered to the effect that such property was illegally
used, an order may be entered providing for the forfeiture of
such seized property to the Department and shall thereupon
become the property of the Department; but the owner of such
property may have a jury determine the illegality of its use,
and shall have the right of an appeal, as in other cases. Such
confiscation or forfeiture shall not preclude or mitigate
against prosecution and assessment of penalties otherwise
provided in this Act.
(c) Upon seizure of any property under circumstances
supporting a reasonable belief that such property was
abandoned, lost or stolen or otherwise illegally possessed or
used contrary to the provisions of this Act, except property
seized during a search or arrest, and ultimately returned,
destroyed, or otherwise disposed of pursuant to order of a
court in accordance with this Act, the Department shall make
reasonable inquiry and efforts to identify and notify the
owner or other person entitled to possession thereof, and
shall return the property after such person provides
reasonable and satisfactory proof of his ownership or right to
possession and reimburses the Department for all reasonable
expenses of such custody. If the identity or location of the
owner or other person entitled to possession of the property
has not been ascertained within 6 months after the Department
obtains such possession, the Department shall effectuate the
sale of the property for cash to the highest bidder at a public
auction. The owner or other person entitled to possession of
such property may claim and recover possession of the property
at any time before its sale at public auction, upon providing
reasonable and satisfactory proof of ownership or right of
possession and reimbursing the Department for all reasonable
expenses of custody thereof.
(d) Any property forfeited to the State by court order
pursuant to this Section may be disposed of by public auction,
except that any property which is the subject of such a court
order shall not be disposed of pending appeal of the order. The
proceeds of the sales at auction shall be deposited in the
Repatriation and Reinterment Fund.
(e) The Department shall pay all costs of notices required
by this Section.
(f) Property seized or forfeited under this Section is
subject to reporting under the Seizure and Forfeiture
Reporting Act.
(g) This Section does not apply to human remains, grave
artifacts, or grave markers that were recovered by the
Department or other law enforcement agency during an
investigation of a violation of this Act.
(20 ILCS 3440/5 rep.)
(20 ILCS 3440/7 rep.)
(20 ILCS 3440/11 rep.)
Section 30. The Human Skeletal Remains Protection Act is
amended by repealing Sections 5, 7, and 11.
Section 35. The State Finance Act is amended by adding
Section 5.990 as follows:
(30 ILCS 105/5.990 new)
Sec. 5.990. The Repatriation and Reinterment Fund.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.