Bill Amendment: IL HB3413 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DNR-REMAINS-NATIVE AMERICANS
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0446 [HB3413 Detail]
Download: Illinois-2023-HB3413-Senate_Amendment_001.html
Bill Title: DNR-REMAINS-NATIVE AMERICANS
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0446 [HB3413 Detail]
Download: Illinois-2023-HB3413-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3413
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2 | AMENDMENT NO. ______. Amend House Bill 3413 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Administrative Procedure Act is | ||||||
5 | amended by adding Section 5-45.35 as follows:
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6 | (5 ILCS 100/5-45.35 new) | ||||||
7 | Sec. 5-45.35. Emergency rulemaking; Department of Natural | ||||||
8 | Resources. To provide for the expeditious and timely | ||||||
9 | implementation of Section 13 of the Human Remains Protection | ||||||
10 | Act, emergency rules implementing Section 13 of the Human | ||||||
11 | Remains Protection Act may be adopted in accordance with | ||||||
12 | Section 5-45 by the Department of Natural Resources. The | ||||||
13 | adoption of emergency rules authorized by Section 5-45 and | ||||||
14 | this Section is deemed to be necessary for the public | ||||||
15 | interest, safety, and welfare. | ||||||
16 | This Section is repealed one year after the effective date |
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1 | of this amendatory Act of the 103rd General Assembly.
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2 | Section 10. The Freedom of Information Act is amended by | ||||||
3 | changing Section 7 as follows:
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4 | (5 ILCS 140/7)
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5 | (Text of Section before amendment by P.A. 102-982 ) | ||||||
6 | Sec. 7. Exemptions.
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7 | (1) When a request is made to inspect or copy a public | ||||||
8 | record that contains information that is exempt from | ||||||
9 | disclosure under this Section, but also contains information | ||||||
10 | that is not exempt from disclosure, the public body may elect | ||||||
11 | to redact the information that is exempt. The public body | ||||||
12 | shall make the remaining information available for inspection | ||||||
13 | and copying. Subject to this requirement, the following shall | ||||||
14 | be exempt from inspection and copying:
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15 | (a) Information specifically prohibited from | ||||||
16 | disclosure by federal or
State law or rules and | ||||||
17 | regulations implementing federal or State law.
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18 | (b) Private information, unless disclosure is required | ||||||
19 | by another provision of this Act, a State or federal law, | ||||||
20 | or a court order. | ||||||
21 | (b-5) Files, documents, and other data or databases | ||||||
22 | maintained by one or more law enforcement agencies and | ||||||
23 | specifically designed to provide information to one or | ||||||
24 | more law enforcement agencies regarding the physical or |
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1 | mental status of one or more individual subjects. | ||||||
2 | (c) Personal information contained within public | ||||||
3 | records, the disclosure of which would constitute a | ||||||
4 | clearly
unwarranted invasion of personal privacy, unless | ||||||
5 | the disclosure is
consented to in writing by the | ||||||
6 | individual subjects of the information. "Unwarranted | ||||||
7 | invasion of personal privacy" means the disclosure of | ||||||
8 | information that is highly personal or objectionable to a | ||||||
9 | reasonable person and in which the subject's right to | ||||||
10 | privacy outweighs any legitimate public interest in | ||||||
11 | obtaining the information. The
disclosure of information | ||||||
12 | that bears on the public duties of public
employees and | ||||||
13 | officials shall not be considered an invasion of personal
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14 | privacy.
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15 | (d) Records in the possession of any public body | ||||||
16 | created in the course of administrative enforcement
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17 | proceedings, and any law enforcement or correctional | ||||||
18 | agency for
law enforcement purposes,
but only to the | ||||||
19 | extent that disclosure would:
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20 | (i) interfere with pending or actually and | ||||||
21 | reasonably contemplated
law enforcement proceedings | ||||||
22 | conducted by any law enforcement or correctional
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23 | agency that is the recipient of the request;
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24 | (ii) interfere with active administrative | ||||||
25 | enforcement proceedings
conducted by the public body | ||||||
26 | that is the recipient of the request;
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1 | (iii) create a substantial likelihood that a | ||||||
2 | person will be deprived of a fair trial or an impartial | ||||||
3 | hearing;
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4 | (iv) unavoidably disclose the identity of a | ||||||
5 | confidential source, confidential information | ||||||
6 | furnished only by the confidential source, or persons | ||||||
7 | who file complaints with or provide information to | ||||||
8 | administrative, investigative, law enforcement, or | ||||||
9 | penal agencies; except that the identities of | ||||||
10 | witnesses to traffic accidents, traffic accident | ||||||
11 | reports, and rescue reports shall be provided by | ||||||
12 | agencies of local government, except when disclosure | ||||||
13 | would interfere with an active criminal investigation | ||||||
14 | conducted by the agency that is the recipient of the | ||||||
15 | request;
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16 | (v) disclose unique or specialized investigative | ||||||
17 | techniques other than
those generally used and known | ||||||
18 | or disclose internal documents of
correctional | ||||||
19 | agencies related to detection, observation , or | ||||||
20 | investigation of
incidents of crime or misconduct, and | ||||||
21 | disclosure would result in demonstrable harm to the | ||||||
22 | agency or public body that is the recipient of the | ||||||
23 | request;
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24 | (vi) endanger the life or physical safety of law | ||||||
25 | enforcement personnel
or any other person; or
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26 | (vii) obstruct an ongoing criminal investigation |
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1 | by the agency that is the recipient of the request.
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2 | (d-5) A law enforcement record created for law | ||||||
3 | enforcement purposes and contained in a shared electronic | ||||||
4 | record management system if the law enforcement agency | ||||||
5 | that is the recipient of the request did not create the | ||||||
6 | record, did not participate in or have a role in any of the | ||||||
7 | events which are the subject of the record, and only has | ||||||
8 | access to the record through the shared electronic record | ||||||
9 | management system. | ||||||
10 | (d-6) Records contained in the Officer Professional | ||||||
11 | Conduct Database under Section 9.2 of the Illinois Police | ||||||
12 | Training Act, except to the extent authorized under that | ||||||
13 | Section. This includes the documents supplied to the | ||||||
14 | Illinois Law Enforcement Training Standards Board from the | ||||||
15 | Illinois State Police and Illinois State Police Merit | ||||||
16 | Board. | ||||||
17 | (e) Records that relate to or affect the security of | ||||||
18 | correctional
institutions and detention facilities.
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19 | (e-5) Records requested by persons committed to the | ||||||
20 | Department of Corrections, Department of Human Services | ||||||
21 | Division of Mental Health, or a county jail if those | ||||||
22 | materials are available in the library of the correctional | ||||||
23 | institution or facility or jail where the inmate is | ||||||
24 | confined. | ||||||
25 | (e-6) Records requested by persons committed to the | ||||||
26 | Department of Corrections, Department of Human Services |
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1 | Division of Mental Health, or a county jail if those | ||||||
2 | materials include records from staff members' personnel | ||||||
3 | files, staff rosters, or other staffing assignment | ||||||
4 | information. | ||||||
5 | (e-7) Records requested by persons committed to the | ||||||
6 | Department of Corrections or Department of Human Services | ||||||
7 | Division of Mental Health if those materials are available | ||||||
8 | through an administrative request to the Department of | ||||||
9 | Corrections or Department of Human Services Division of | ||||||
10 | Mental Health. | ||||||
11 | (e-8) Records requested by a person committed to the | ||||||
12 | Department of Corrections, Department of Human Services | ||||||
13 | Division of Mental Health, or a county jail, the | ||||||
14 | disclosure of which would result in the risk of harm to any | ||||||
15 | person or the risk of an escape from a jail or correctional | ||||||
16 | institution or facility. | ||||||
17 | (e-9) Records requested by a person in a county jail | ||||||
18 | or committed to the Department of Corrections or | ||||||
19 | Department of Human Services Division of Mental Health, | ||||||
20 | containing personal information pertaining to the person's | ||||||
21 | victim or the victim's family, including, but not limited | ||||||
22 | to, a victim's home address, home telephone number, work | ||||||
23 | or school address, work telephone number, social security | ||||||
24 | number, or any other identifying information, except as | ||||||
25 | may be relevant to a requester's current or potential case | ||||||
26 | or claim. |
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1 | (e-10) Law enforcement records of other persons | ||||||
2 | requested by a person committed to the Department of | ||||||
3 | Corrections, Department of Human Services Division of | ||||||
4 | Mental Health, or a county jail, including, but not | ||||||
5 | limited to, arrest and booking records, mug shots, and | ||||||
6 | crime scene photographs, except as these records may be | ||||||
7 | relevant to the requester's current or potential case or | ||||||
8 | claim. | ||||||
9 | (f) Preliminary drafts, notes, recommendations, | ||||||
10 | memoranda, and other
records in which opinions are | ||||||
11 | expressed, or policies or actions are
formulated, except | ||||||
12 | that a specific record or relevant portion of a
record | ||||||
13 | shall not be exempt when the record is publicly cited
and | ||||||
14 | identified by the head of the public body. The exemption | ||||||
15 | provided in
this paragraph (f) extends to all those | ||||||
16 | records of officers and agencies
of the General Assembly | ||||||
17 | that pertain to the preparation of legislative
documents.
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18 | (g) Trade secrets and commercial or financial | ||||||
19 | information obtained from
a person or business where the | ||||||
20 | trade secrets or commercial or financial information are | ||||||
21 | furnished under a claim that they are
proprietary, | ||||||
22 | privileged, or confidential, and that disclosure of the | ||||||
23 | trade
secrets or commercial or financial information would | ||||||
24 | cause competitive harm to the person or business, and only | ||||||
25 | insofar as the claim directly applies to the records | ||||||
26 | requested. |
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1 | The information included under this exemption includes | ||||||
2 | all trade secrets and commercial or financial information | ||||||
3 | obtained by a public body, including a public pension | ||||||
4 | fund, from a private equity fund or a privately held | ||||||
5 | company within the investment portfolio of a private | ||||||
6 | equity fund as a result of either investing or evaluating | ||||||
7 | a potential investment of public funds in a private equity | ||||||
8 | fund. The exemption contained in this item does not apply | ||||||
9 | to the aggregate financial performance information of a | ||||||
10 | private equity fund, nor to the identity of the fund's | ||||||
11 | managers or general partners. The exemption contained in | ||||||
12 | this item does not apply to the identity of a privately | ||||||
13 | held company within the investment portfolio of a private | ||||||
14 | equity fund, unless the disclosure of the identity of a | ||||||
15 | privately held company may cause competitive harm. | ||||||
16 | Nothing contained in this
paragraph (g) shall be | ||||||
17 | construed to prevent a person or business from
consenting | ||||||
18 | to disclosure.
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19 | (h) Proposals and bids for any contract, grant, or | ||||||
20 | agreement, including
information which if it were | ||||||
21 | disclosed would frustrate procurement or give
an advantage | ||||||
22 | to any person proposing to enter into a contractor | ||||||
23 | agreement
with the body, until an award or final selection | ||||||
24 | is made. Information
prepared by or for the body in | ||||||
25 | preparation of a bid solicitation shall be
exempt until an | ||||||
26 | award or final selection is made.
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1 | (i) Valuable formulae,
computer geographic systems,
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2 | designs, drawings , and research data obtained or
produced | ||||||
3 | by any public body when disclosure could reasonably be | ||||||
4 | expected to
produce private gain or public loss.
The | ||||||
5 | exemption for "computer geographic systems" provided in | ||||||
6 | this paragraph
(i) does not extend to requests made by | ||||||
7 | news media as defined in Section 2 of
this Act when the | ||||||
8 | requested information is not otherwise exempt and the only
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9 | purpose of the request is to access and disseminate | ||||||
10 | information regarding the
health, safety, welfare, or | ||||||
11 | legal rights of the general public.
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12 | (j) The following information pertaining to | ||||||
13 | educational matters: | ||||||
14 | (i) test questions, scoring keys, and other | ||||||
15 | examination data used to
administer an academic | ||||||
16 | examination;
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17 | (ii) information received by a primary or | ||||||
18 | secondary school, college, or university under its | ||||||
19 | procedures for the evaluation of faculty members by | ||||||
20 | their academic peers; | ||||||
21 | (iii) information concerning a school or | ||||||
22 | university's adjudication of student disciplinary | ||||||
23 | cases, but only to the extent that disclosure would | ||||||
24 | unavoidably reveal the identity of the student; and | ||||||
25 | (iv) course materials or research materials used | ||||||
26 | by faculty members. |
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1 | (k) Architects' plans, engineers' technical | ||||||
2 | submissions, and
other
construction related technical | ||||||
3 | documents for
projects not constructed or developed in | ||||||
4 | whole or in part with public funds
and the same for | ||||||
5 | projects constructed or developed with public funds, | ||||||
6 | including, but not limited to, power generating and | ||||||
7 | distribution stations and other transmission and | ||||||
8 | distribution facilities, water treatment facilities, | ||||||
9 | airport facilities, sport stadiums, convention centers, | ||||||
10 | and all government owned, operated, or occupied buildings, | ||||||
11 | but
only to the extent
that disclosure would compromise | ||||||
12 | security.
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13 | (l) Minutes of meetings of public bodies closed to the
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14 | public as provided in the Open Meetings Act until the | ||||||
15 | public body
makes the minutes available to the public | ||||||
16 | under Section 2.06 of the Open
Meetings Act.
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17 | (m) Communications between a public body and an | ||||||
18 | attorney or auditor
representing the public body that | ||||||
19 | would not be subject to discovery in
litigation, and | ||||||
20 | materials prepared or compiled by or for a public body in
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21 | anticipation of a criminal, civil, or administrative | ||||||
22 | proceeding upon the
request of an attorney advising the | ||||||
23 | public body, and materials prepared or
compiled with | ||||||
24 | respect to internal audits of public bodies.
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25 | (n) Records relating to a public body's adjudication | ||||||
26 | of employee grievances or disciplinary cases; however, |
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1 | this exemption shall not extend to the final outcome of | ||||||
2 | cases in which discipline is imposed.
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3 | (o) Administrative or technical information associated | ||||||
4 | with automated
data processing operations, including, but | ||||||
5 | not limited to, software,
operating protocols, computer | ||||||
6 | program abstracts, file layouts, source
listings, object | ||||||
7 | modules, load modules, user guides, documentation
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8 | pertaining to all logical and physical design of | ||||||
9 | computerized systems,
employee manuals, and any other | ||||||
10 | information that, if disclosed, would
jeopardize the | ||||||
11 | security of the system or its data or the security of
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12 | materials exempt under this Section.
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13 | (p) Records relating to collective negotiating matters
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14 | between public bodies and their employees or | ||||||
15 | representatives, except that
any final contract or | ||||||
16 | agreement shall be subject to inspection and copying.
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17 | (q) Test questions, scoring keys, and other | ||||||
18 | examination data used to determine the qualifications of | ||||||
19 | an applicant for a license or employment.
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20 | (r) The records, documents, and information relating | ||||||
21 | to real estate
purchase negotiations until those | ||||||
22 | negotiations have been completed or
otherwise terminated. | ||||||
23 | With regard to a parcel involved in a pending or
actually | ||||||
24 | and reasonably contemplated eminent domain proceeding | ||||||
25 | under the Eminent Domain Act, records, documents, and
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26 | information relating to that parcel shall be exempt except |
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1 | as may be
allowed under discovery rules adopted by the | ||||||
2 | Illinois Supreme Court. The
records, documents, and | ||||||
3 | information relating to a real estate sale shall be
exempt | ||||||
4 | until a sale is consummated.
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5 | (s) Any and all proprietary information and records | ||||||
6 | related to the
operation of an intergovernmental risk | ||||||
7 | management association or
self-insurance pool or jointly | ||||||
8 | self-administered health and accident
cooperative or pool.
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9 | Insurance or self-insurance self insurance (including any | ||||||
10 | intergovernmental risk management association or | ||||||
11 | self-insurance self insurance pool) claims, loss or risk | ||||||
12 | management information, records, data, advice , or | ||||||
13 | communications.
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14 | (t) Information contained in or related to | ||||||
15 | examination, operating, or
condition reports prepared by, | ||||||
16 | on behalf of, or for the use of a public
body responsible | ||||||
17 | for the regulation or supervision of financial
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18 | institutions, insurance companies, or pharmacy benefit | ||||||
19 | managers, unless disclosure is otherwise
required by State | ||||||
20 | law.
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21 | (u) Information that would disclose
or might lead to | ||||||
22 | the disclosure of
secret or confidential information, | ||||||
23 | codes, algorithms, programs, or private
keys intended to | ||||||
24 | be used to create electronic signatures under the Uniform | ||||||
25 | Electronic Transactions Act.
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26 | (v) Vulnerability assessments, security measures, and |
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1 | response policies
or plans that are designed to identify, | ||||||
2 | prevent, or respond to potential
attacks upon a | ||||||
3 | community's population or systems, facilities, or | ||||||
4 | installations, but only to the extent that
disclosure | ||||||
5 | could reasonably be expected to expose the vulnerability | ||||||
6 | or jeopardize the effectiveness of the
measures, policies, | ||||||
7 | or plans, or the safety of the personnel who implement | ||||||
8 | them or the public.
Information exempt under this item may | ||||||
9 | include such things as details
pertaining to the | ||||||
10 | mobilization or deployment of personnel or equipment, to | ||||||
11 | the
operation of communication systems or protocols, to | ||||||
12 | cybersecurity vulnerabilities, or to tactical operations.
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13 | (w) (Blank). | ||||||
14 | (x) Maps and other records regarding the location or | ||||||
15 | security of generation, transmission, distribution, | ||||||
16 | storage, gathering,
treatment, or switching facilities | ||||||
17 | owned by a utility, by a power generator, or by the | ||||||
18 | Illinois Power Agency.
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19 | (y) Information contained in or related to proposals, | ||||||
20 | bids, or negotiations related to electric power | ||||||
21 | procurement under Section 1-75 of the Illinois Power | ||||||
22 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
23 | Act that is determined to be confidential and proprietary | ||||||
24 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
25 | Commission.
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26 | (z) Information about students exempted from |
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1 | disclosure under Section Sections 10-20.38 or 34-18.29 of | ||||||
2 | the School Code, and information about undergraduate | ||||||
3 | students enrolled at an institution of higher education | ||||||
4 | exempted from disclosure under Section 25 of the Illinois | ||||||
5 | Credit Card Marketing Act of 2009. | ||||||
6 | (aa) Information the disclosure of which is
exempted | ||||||
7 | under the Viatical Settlements Act of 2009.
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8 | (bb) Records and information provided to a mortality | ||||||
9 | review team and records maintained by a mortality review | ||||||
10 | team appointed under the Department of Juvenile Justice | ||||||
11 | Mortality Review Team Act. | ||||||
12 | (cc) Information regarding interments, entombments, or | ||||||
13 | inurnments of human remains that are submitted to the | ||||||
14 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
15 | the Cemetery Oversight Act, whichever is applicable. | ||||||
16 | (dd) Correspondence and records (i) that may not be | ||||||
17 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
18 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
19 | the Illinois Public Aid Code. | ||||||
20 | (ee) The names, addresses, or other personal | ||||||
21 | information of persons who are minors and are also | ||||||
22 | participants and registrants in programs of park | ||||||
23 | districts, forest preserve districts, conservation | ||||||
24 | districts, recreation agencies, and special recreation | ||||||
25 | associations. | ||||||
26 | (ff) The names, addresses, or other personal |
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1 | information of participants and registrants in programs of | ||||||
2 | park districts, forest preserve districts, conservation | ||||||
3 | districts, recreation agencies, and special recreation | ||||||
4 | associations where such programs are targeted primarily to | ||||||
5 | minors. | ||||||
6 | (gg) Confidential information described in Section | ||||||
7 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
8 | 2012. | ||||||
9 | (hh) The report submitted to the State Board of | ||||||
10 | Education by the School Security and Standards Task Force | ||||||
11 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
12 | School Code and any information contained in that report. | ||||||
13 | (ii) Records requested by persons committed to or | ||||||
14 | detained by the Department of Human Services under the | ||||||
15 | Sexually Violent Persons Commitment Act or committed to | ||||||
16 | the Department of Corrections under the Sexually Dangerous | ||||||
17 | Persons Act if those materials: (i) are available in the | ||||||
18 | library of the facility where the individual is confined; | ||||||
19 | (ii) include records from staff members' personnel files, | ||||||
20 | staff rosters, or other staffing assignment information; | ||||||
21 | or (iii) are available through an administrative request | ||||||
22 | to the Department of Human Services or the Department of | ||||||
23 | Corrections. | ||||||
24 | (jj) Confidential information described in Section | ||||||
25 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
26 | (kk) The public body's credit card numbers, debit card |
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1 | numbers, bank account numbers, Federal Employer | ||||||
2 | Identification Number, security code numbers, passwords, | ||||||
3 | and similar account information, the disclosure of which | ||||||
4 | could result in identity theft or impression or defrauding | ||||||
5 | of a governmental entity or a person. | ||||||
6 | (ll) Records concerning the work of the threat | ||||||
7 | assessment team of a school district, including, but not | ||||||
8 | limited to, any threat assessment procedure under the | ||||||
9 | School Safety Drill Act and any information contained in | ||||||
10 | the procedure. | ||||||
11 | (mm) Information prohibited from being disclosed under | ||||||
12 | subsections (a) and (b) of Section 15 of the Student | ||||||
13 | Confidential Reporting Act. | ||||||
14 | (nn) (mm) Proprietary information submitted to the
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15 | Environmental Protection Agency under the Drug Take-Back
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16 | Act. | ||||||
17 | (oo) (mm) Records described in subsection (f) of | ||||||
18 | Section 3-5-1 of the Unified Code of Corrections. | ||||||
19 | (pp) Any and all information regarding burials, | ||||||
20 | interments, or entombments of human remains as required to | ||||||
21 | be reported to the Department of Natural Resources | ||||||
22 | pursuant either to the Archaeological and Paleontological | ||||||
23 | Resources Protection Act or the Human Remains Protection | ||||||
24 | Act. | ||||||
25 | (1.5) Any information exempt from disclosure under the | ||||||
26 | Judicial Privacy Act shall be redacted from public records |
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1 | prior to disclosure under this Act. | ||||||
2 | (2) A public record that is not in the possession of a | ||||||
3 | public body but is in the possession of a party with whom the | ||||||
4 | agency has contracted to perform a governmental function on | ||||||
5 | behalf of the public body, and that directly relates to the | ||||||
6 | governmental function and is not otherwise exempt under this | ||||||
7 | Act, shall be considered a public record of the public body, | ||||||
8 | for purposes of this Act. | ||||||
9 | (3) This Section does not authorize withholding of | ||||||
10 | information or limit the
availability of records to the | ||||||
11 | public, except as stated in this Section or
otherwise provided | ||||||
12 | in this Act.
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13 | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||||||
14 | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||||||
15 | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | ||||||
16 | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | ||||||
17 | 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised | ||||||
18 | 12-13-22.)
| ||||||
19 | (Text of Section after amendment by P.A. 102-982 )
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20 | Sec. 7. Exemptions.
| ||||||
21 | (1) When a request is made to inspect or copy a public | ||||||
22 | record that contains information that is exempt from | ||||||
23 | disclosure under this Section, but also contains information | ||||||
24 | that is not exempt from disclosure, the public body may elect | ||||||
25 | to redact the information that is exempt. The public body |
| |||||||
| |||||||
1 | shall make the remaining information available for inspection | ||||||
2 | and copying. Subject to this requirement, the following shall | ||||||
3 | be exempt from inspection and copying:
| ||||||
4 | (a) Information specifically prohibited from | ||||||
5 | disclosure by federal or
State law or rules and | ||||||
6 | regulations implementing federal or State law.
| ||||||
7 | (b) Private information, unless disclosure is required | ||||||
8 | by another provision of this Act, a State or federal law, | ||||||
9 | or a court order. | ||||||
10 | (b-5) Files, documents, and other data or databases | ||||||
11 | maintained by one or more law enforcement agencies and | ||||||
12 | specifically designed to provide information to one or | ||||||
13 | more law enforcement agencies regarding the physical or | ||||||
14 | mental status of one or more individual subjects. | ||||||
15 | (c) Personal information contained within public | ||||||
16 | records, the disclosure of which would constitute a | ||||||
17 | clearly
unwarranted invasion of personal privacy, unless | ||||||
18 | the disclosure is
consented to in writing by the | ||||||
19 | individual subjects of the information. "Unwarranted | ||||||
20 | invasion of personal privacy" means the disclosure of | ||||||
21 | information that is highly personal or objectionable to a | ||||||
22 | reasonable person and in which the subject's right to | ||||||
23 | privacy outweighs any legitimate public interest in | ||||||
24 | obtaining the information. The
disclosure of information | ||||||
25 | that bears on the public duties of public
employees and | ||||||
26 | officials shall not be considered an invasion of personal
|
| |||||||
| |||||||
1 | privacy.
| ||||||
2 | (d) Records in the possession of any public body | ||||||
3 | created in the course of administrative enforcement
| ||||||
4 | proceedings, and any law enforcement or correctional | ||||||
5 | agency for
law enforcement purposes,
but only to the | ||||||
6 | extent that disclosure would:
| ||||||
7 | (i) interfere with pending or actually and | ||||||
8 | reasonably contemplated
law enforcement proceedings | ||||||
9 | conducted by any law enforcement or correctional
| ||||||
10 | agency that is the recipient of the request;
| ||||||
11 | (ii) interfere with active administrative | ||||||
12 | enforcement proceedings
conducted by the public body | ||||||
13 | that is the recipient of the request;
| ||||||
14 | (iii) create a substantial likelihood that a | ||||||
15 | person will be deprived of a fair trial or an impartial | ||||||
16 | hearing;
| ||||||
17 | (iv) unavoidably disclose the identity of a | ||||||
18 | confidential source, confidential information | ||||||
19 | furnished only by the confidential source, or persons | ||||||
20 | who file complaints with or provide information to | ||||||
21 | administrative, investigative, law enforcement, or | ||||||
22 | penal agencies; except that the identities of | ||||||
23 | witnesses to traffic crashes, traffic crash reports, | ||||||
24 | and rescue reports shall be provided by agencies of | ||||||
25 | local government, except when disclosure would | ||||||
26 | interfere with an active criminal investigation |
| |||||||
| |||||||
1 | conducted by the agency that is the recipient of the | ||||||
2 | request;
| ||||||
3 | (v) disclose unique or specialized investigative | ||||||
4 | techniques other than
those generally used and known | ||||||
5 | or disclose internal documents of
correctional | ||||||
6 | agencies related to detection, observation , or | ||||||
7 | investigation of
incidents of crime or misconduct, and | ||||||
8 | disclosure would result in demonstrable harm to the | ||||||
9 | agency or public body that is the recipient of the | ||||||
10 | request;
| ||||||
11 | (vi) endanger the life or physical safety of law | ||||||
12 | enforcement personnel
or any other person; or
| ||||||
13 | (vii) obstruct an ongoing criminal investigation | ||||||
14 | by the agency that is the recipient of the request.
| ||||||
15 | (d-5) A law enforcement record created for law | ||||||
16 | enforcement purposes and contained in a shared electronic | ||||||
17 | record management system if the law enforcement agency | ||||||
18 | that is the recipient of the request did not create the | ||||||
19 | record, did not participate in or have a role in any of the | ||||||
20 | events which are the subject of the record, and only has | ||||||
21 | access to the record through the shared electronic record | ||||||
22 | management system. | ||||||
23 | (d-6) Records contained in the Officer Professional | ||||||
24 | Conduct Database under Section 9.2 of the Illinois Police | ||||||
25 | Training Act, except to the extent authorized under that | ||||||
26 | Section. This includes the documents supplied to the |
| |||||||
| |||||||
1 | Illinois Law Enforcement Training Standards Board from the | ||||||
2 | Illinois State Police and Illinois State Police Merit | ||||||
3 | Board. | ||||||
4 | (e) Records that relate to or affect the security of | ||||||
5 | correctional
institutions and detention facilities.
| ||||||
6 | (e-5) Records requested by persons committed to the | ||||||
7 | Department of Corrections, Department of Human Services | ||||||
8 | Division of Mental Health, or a county jail if those | ||||||
9 | materials are available in the library of the correctional | ||||||
10 | institution or facility or jail where the inmate is | ||||||
11 | confined. | ||||||
12 | (e-6) Records requested by persons committed to the | ||||||
13 | Department of Corrections, Department of Human Services | ||||||
14 | Division of Mental Health, or a county jail if those | ||||||
15 | materials include records from staff members' personnel | ||||||
16 | files, staff rosters, or other staffing assignment | ||||||
17 | information. | ||||||
18 | (e-7) Records requested by persons committed to the | ||||||
19 | Department of Corrections or Department of Human Services | ||||||
20 | Division of Mental Health if those materials are available | ||||||
21 | through an administrative request to the Department of | ||||||
22 | Corrections or Department of Human Services Division of | ||||||
23 | Mental Health. | ||||||
24 | (e-8) Records requested by a person committed to the | ||||||
25 | Department of Corrections, Department of Human Services | ||||||
26 | Division of Mental Health, or a county jail, the |
| |||||||
| |||||||
1 | disclosure of which would result in the risk of harm to any | ||||||
2 | person or the risk of an escape from a jail or correctional | ||||||
3 | institution or facility. | ||||||
4 | (e-9) Records requested by a person in a county jail | ||||||
5 | or committed to the Department of Corrections or | ||||||
6 | Department of Human Services Division of Mental Health, | ||||||
7 | containing personal information pertaining to the person's | ||||||
8 | victim or the victim's family, including, but not limited | ||||||
9 | to, a victim's home address, home telephone number, work | ||||||
10 | or school address, work telephone number, social security | ||||||
11 | number, or any other identifying information, except as | ||||||
12 | may be relevant to a requester's current or potential case | ||||||
13 | or claim. | ||||||
14 | (e-10) Law enforcement records of other persons | ||||||
15 | requested by a person committed to the Department of | ||||||
16 | Corrections, Department of Human Services Division of | ||||||
17 | Mental Health, or a county jail, including, but not | ||||||
18 | limited to, arrest and booking records, mug shots, and | ||||||
19 | crime scene photographs, except as these records may be | ||||||
20 | relevant to the requester's current or potential case or | ||||||
21 | claim. | ||||||
22 | (f) Preliminary drafts, notes, recommendations, | ||||||
23 | memoranda, and other
records in which opinions are | ||||||
24 | expressed, or policies or actions are
formulated, except | ||||||
25 | that a specific record or relevant portion of a
record | ||||||
26 | shall not be exempt when the record is publicly cited
and |
| |||||||
| |||||||
1 | identified by the head of the public body. The exemption | ||||||
2 | provided in
this paragraph (f) extends to all those | ||||||
3 | records of officers and agencies
of the General Assembly | ||||||
4 | that pertain to the preparation of legislative
documents.
| ||||||
5 | (g) Trade secrets and commercial or financial | ||||||
6 | information obtained from
a person or business where the | ||||||
7 | trade secrets or commercial or financial information are | ||||||
8 | furnished under a claim that they are
proprietary, | ||||||
9 | privileged, or confidential, and that disclosure of the | ||||||
10 | trade
secrets or commercial or financial information would | ||||||
11 | cause competitive harm to the person or business, and only | ||||||
12 | insofar as the claim directly applies to the records | ||||||
13 | requested. | ||||||
14 | The information included under this exemption includes | ||||||
15 | all trade secrets and commercial or financial information | ||||||
16 | obtained by a public body, including a public pension | ||||||
17 | fund, from a private equity fund or a privately held | ||||||
18 | company within the investment portfolio of a private | ||||||
19 | equity fund as a result of either investing or evaluating | ||||||
20 | a potential investment of public funds in a private equity | ||||||
21 | fund. The exemption contained in this item does not apply | ||||||
22 | to the aggregate financial performance information of a | ||||||
23 | private equity fund, nor to the identity of the fund's | ||||||
24 | managers or general partners. The exemption contained in | ||||||
25 | this item does not apply to the identity of a privately | ||||||
26 | held company within the investment portfolio of a private |
| |||||||
| |||||||
1 | equity fund, unless the disclosure of the identity of a | ||||||
2 | privately held company may cause competitive harm. | ||||||
3 | Nothing contained in this
paragraph (g) shall be | ||||||
4 | construed to prevent a person or business from
consenting | ||||||
5 | to disclosure.
| ||||||
6 | (h) Proposals and bids for any contract, grant, or | ||||||
7 | agreement, including
information which if it were | ||||||
8 | disclosed would frustrate procurement or give
an advantage | ||||||
9 | to any person proposing to enter into a contractor | ||||||
10 | agreement
with the body, until an award or final selection | ||||||
11 | is made. Information
prepared by or for the body in | ||||||
12 | preparation of a bid solicitation shall be
exempt until an | ||||||
13 | award or final selection is made.
| ||||||
14 | (i) Valuable formulae,
computer geographic systems,
| ||||||
15 | designs, drawings , and research data obtained or
produced | ||||||
16 | by any public body when disclosure could reasonably be | ||||||
17 | expected to
produce private gain or public loss.
The | ||||||
18 | exemption for "computer geographic systems" provided in | ||||||
19 | this paragraph
(i) does not extend to requests made by | ||||||
20 | news media as defined in Section 2 of
this Act when the | ||||||
21 | requested information is not otherwise exempt and the only
| ||||||
22 | purpose of the request is to access and disseminate | ||||||
23 | information regarding the
health, safety, welfare, or | ||||||
24 | legal rights of the general public.
| ||||||
25 | (j) The following information pertaining to | ||||||
26 | educational matters: |
| |||||||
| |||||||
1 | (i) test questions, scoring keys, and other | ||||||
2 | examination data used to
administer an academic | ||||||
3 | examination;
| ||||||
4 | (ii) information received by a primary or | ||||||
5 | secondary school, college, or university under its | ||||||
6 | procedures for the evaluation of faculty members by | ||||||
7 | their academic peers; | ||||||
8 | (iii) information concerning a school or | ||||||
9 | university's adjudication of student disciplinary | ||||||
10 | cases, but only to the extent that disclosure would | ||||||
11 | unavoidably reveal the identity of the student; and | ||||||
12 | (iv) course materials or research materials used | ||||||
13 | by faculty members. | ||||||
14 | (k) Architects' plans, engineers' technical | ||||||
15 | submissions, and
other
construction related technical | ||||||
16 | documents for
projects not constructed or developed in | ||||||
17 | whole or in part with public funds
and the same for | ||||||
18 | projects constructed or developed with public funds, | ||||||
19 | including, but not limited to, power generating and | ||||||
20 | distribution stations and other transmission and | ||||||
21 | distribution facilities, water treatment facilities, | ||||||
22 | airport facilities, sport stadiums, convention centers, | ||||||
23 | and all government owned, operated, or occupied buildings, | ||||||
24 | but
only to the extent
that disclosure would compromise | ||||||
25 | security.
| ||||||
26 | (l) Minutes of meetings of public bodies closed to the
|
| |||||||
| |||||||
1 | public as provided in the Open Meetings Act until the | ||||||
2 | public body
makes the minutes available to the public | ||||||
3 | under Section 2.06 of the Open
Meetings Act.
| ||||||
4 | (m) Communications between a public body and an | ||||||
5 | attorney or auditor
representing the public body that | ||||||
6 | would not be subject to discovery in
litigation, and | ||||||
7 | materials prepared or compiled by or for a public body in
| ||||||
8 | anticipation of a criminal, civil, or administrative | ||||||
9 | proceeding upon the
request of an attorney advising the | ||||||
10 | public body, and materials prepared or
compiled with | ||||||
11 | respect to internal audits of public bodies.
| ||||||
12 | (n) Records relating to a public body's adjudication | ||||||
13 | of employee grievances or disciplinary cases; however, | ||||||
14 | this exemption shall not extend to the final outcome of | ||||||
15 | cases in which discipline is imposed.
| ||||||
16 | (o) Administrative or technical information associated | ||||||
17 | with automated
data processing operations, including, but | ||||||
18 | not limited to, software,
operating protocols, computer | ||||||
19 | program abstracts, file layouts, source
listings, object | ||||||
20 | modules, load modules, user guides, documentation
| ||||||
21 | pertaining to all logical and physical design of | ||||||
22 | computerized systems,
employee manuals, and any other | ||||||
23 | information that, if disclosed, would
jeopardize the | ||||||
24 | security of the system or its data or the security of
| ||||||
25 | materials exempt under this Section.
| ||||||
26 | (p) Records relating to collective negotiating matters
|
| |||||||
| |||||||
1 | between public bodies and their employees or | ||||||
2 | representatives, except that
any final contract or | ||||||
3 | agreement shall be subject to inspection and copying.
| ||||||
4 | (q) Test questions, scoring keys, and other | ||||||
5 | examination data used to determine the qualifications of | ||||||
6 | an applicant for a license or employment.
| ||||||
7 | (r) The records, documents, and information relating | ||||||
8 | to real estate
purchase negotiations until those | ||||||
9 | negotiations have been completed or
otherwise terminated. | ||||||
10 | With regard to a parcel involved in a pending or
actually | ||||||
11 | and reasonably contemplated eminent domain proceeding | ||||||
12 | under the Eminent Domain Act, records, documents, and
| ||||||
13 | information relating to that parcel shall be exempt except | ||||||
14 | as may be
allowed under discovery rules adopted by the | ||||||
15 | Illinois Supreme Court. The
records, documents, and | ||||||
16 | information relating to a real estate sale shall be
exempt | ||||||
17 | until a sale is consummated.
| ||||||
18 | (s) Any and all proprietary information and records | ||||||
19 | related to the
operation of an intergovernmental risk | ||||||
20 | management association or
self-insurance pool or jointly | ||||||
21 | self-administered health and accident
cooperative or pool.
| ||||||
22 | Insurance or self-insurance self insurance (including any | ||||||
23 | intergovernmental risk management association or | ||||||
24 | self-insurance self insurance pool) claims, loss or risk | ||||||
25 | management information, records, data, advice , or | ||||||
26 | communications.
|
| |||||||
| |||||||
1 | (t) Information contained in or related to | ||||||
2 | examination, operating, or
condition reports prepared by, | ||||||
3 | on behalf of, or for the use of a public
body responsible | ||||||
4 | for the regulation or supervision of financial
| ||||||
5 | institutions, insurance companies, or pharmacy benefit | ||||||
6 | managers, unless disclosure is otherwise
required by State | ||||||
7 | law.
| ||||||
8 | (u) Information that would disclose
or might lead to | ||||||
9 | the disclosure of
secret or confidential information, | ||||||
10 | codes, algorithms, programs, or private
keys intended to | ||||||
11 | be used to create electronic signatures under the Uniform | ||||||
12 | Electronic Transactions Act.
| ||||||
13 | (v) Vulnerability assessments, security measures, and | ||||||
14 | response policies
or plans that are designed to identify, | ||||||
15 | prevent, or respond to potential
attacks upon a | ||||||
16 | community's population or systems, facilities, or | ||||||
17 | installations, but only to the extent that
disclosure | ||||||
18 | could reasonably be expected to expose the vulnerability | ||||||
19 | or jeopardize the effectiveness of the
measures, policies, | ||||||
20 | or plans, or the safety of the personnel who implement | ||||||
21 | them or the public.
Information exempt under this item may | ||||||
22 | include such things as details
pertaining to the | ||||||
23 | mobilization or deployment of personnel or equipment, to | ||||||
24 | the
operation of communication systems or protocols, to | ||||||
25 | cybersecurity vulnerabilities, or to tactical operations.
| ||||||
26 | (w) (Blank). |
| |||||||
| |||||||
1 | (x) Maps and other records regarding the location or | ||||||
2 | security of generation, transmission, distribution, | ||||||
3 | storage, gathering,
treatment, or switching facilities | ||||||
4 | owned by a utility, by a power generator, or by the | ||||||
5 | Illinois Power Agency.
| ||||||
6 | (y) Information contained in or related to proposals, | ||||||
7 | bids, or negotiations related to electric power | ||||||
8 | procurement under Section 1-75 of the Illinois Power | ||||||
9 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
10 | Act that is determined to be confidential and proprietary | ||||||
11 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
12 | Commission.
| ||||||
13 | (z) Information about students exempted from | ||||||
14 | disclosure under Section Sections 10-20.38 or 34-18.29 of | ||||||
15 | the School Code, and information about undergraduate | ||||||
16 | students enrolled at an institution of higher education | ||||||
17 | exempted from disclosure under Section 25 of the Illinois | ||||||
18 | Credit Card Marketing Act of 2009. | ||||||
19 | (aa) Information the disclosure of which is
exempted | ||||||
20 | under the Viatical Settlements Act of 2009.
| ||||||
21 | (bb) Records and information provided to a mortality | ||||||
22 | review team and records maintained by a mortality review | ||||||
23 | team appointed under the Department of Juvenile Justice | ||||||
24 | Mortality Review Team Act. | ||||||
25 | (cc) Information regarding interments, entombments, or | ||||||
26 | inurnments of human remains that are submitted to the |
| |||||||
| |||||||
1 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
2 | the Cemetery Oversight Act, whichever is applicable. | ||||||
3 | (dd) Correspondence and records (i) that may not be | ||||||
4 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
5 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
6 | the Illinois Public Aid Code. | ||||||
7 | (ee) The names, addresses, or other personal | ||||||
8 | information of persons who are minors and are also | ||||||
9 | participants and registrants in programs of park | ||||||
10 | districts, forest preserve districts, conservation | ||||||
11 | districts, recreation agencies, and special recreation | ||||||
12 | associations. | ||||||
13 | (ff) The names, addresses, or other personal | ||||||
14 | information of participants and registrants in programs of | ||||||
15 | park districts, forest preserve districts, conservation | ||||||
16 | districts, recreation agencies, and special recreation | ||||||
17 | associations where such programs are targeted primarily to | ||||||
18 | minors. | ||||||
19 | (gg) Confidential information described in Section | ||||||
20 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
21 | 2012. | ||||||
22 | (hh) The report submitted to the State Board of | ||||||
23 | Education by the School Security and Standards Task Force | ||||||
24 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
25 | School Code and any information contained in that report. | ||||||
26 | (ii) Records requested by persons committed to or |
| |||||||
| |||||||
1 | detained by the Department of Human Services under the | ||||||
2 | Sexually Violent Persons Commitment Act or committed to | ||||||
3 | the Department of Corrections under the Sexually Dangerous | ||||||
4 | Persons Act if those materials: (i) are available in the | ||||||
5 | library of the facility where the individual is confined; | ||||||
6 | (ii) include records from staff members' personnel files, | ||||||
7 | staff rosters, or other staffing assignment information; | ||||||
8 | or (iii) are available through an administrative request | ||||||
9 | to the Department of Human Services or the Department of | ||||||
10 | Corrections. | ||||||
11 | (jj) Confidential information described in Section | ||||||
12 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
13 | (kk) The public body's credit card numbers, debit card | ||||||
14 | numbers, bank account numbers, Federal Employer | ||||||
15 | Identification Number, security code numbers, passwords, | ||||||
16 | and similar account information, the disclosure of which | ||||||
17 | could result in identity theft or impression or defrauding | ||||||
18 | of a governmental entity or a person. | ||||||
19 | (ll) Records concerning the work of the threat | ||||||
20 | assessment team of a school district, including, but not | ||||||
21 | limited to, any threat assessment procedure under the | ||||||
22 | School Safety Drill Act and any information contained in | ||||||
23 | the procedure. | ||||||
24 | (mm) Information prohibited from being disclosed under | ||||||
25 | subsections (a) and (b) of Section 15 of the Student | ||||||
26 | Confidential Reporting Act. |
| |||||||
| |||||||
1 | (nn) (mm) Proprietary information submitted to the
| ||||||
2 | Environmental Protection Agency under the Drug Take-Back
| ||||||
3 | Act. | ||||||
4 | (oo) (mm) Records described in subsection (f) of | ||||||
5 | Section 3-5-1 of the Unified Code of Corrections. | ||||||
6 | (pp) Any and all information regarding burials, | ||||||
7 | interments, or entombments of human remains as required to | ||||||
8 | be reported to the Department of Natural Resources | ||||||
9 | pursuant either to the Archaeological and Paleontological | ||||||
10 | Resources Protection Act or the Human Remains Protection | ||||||
11 | Act. | ||||||
12 | (1.5) Any information exempt from disclosure under the | ||||||
13 | Judicial Privacy Act shall be redacted from public records | ||||||
14 | prior to disclosure under this Act. | ||||||
15 | (2) A public record that is not in the possession of a | ||||||
16 | public body but is in the possession of a party with whom the | ||||||
17 | agency has contracted to perform a governmental function on | ||||||
18 | behalf of the public body, and that directly relates to the | ||||||
19 | governmental function and is not otherwise exempt under this | ||||||
20 | Act, shall be considered a public record of the public body, | ||||||
21 | for purposes of this Act. | ||||||
22 | (3) This Section does not authorize withholding of | ||||||
23 | information or limit the
availability of records to the | ||||||
24 | public, except as stated in this Section or
otherwise provided | ||||||
25 | in this Act.
| ||||||
26 | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; |
| |||||||
| |||||||
1 | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||||||
2 | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | ||||||
3 | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | ||||||
4 | 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. | ||||||
5 | 6-10-22; revised 12-13-22.)
| ||||||
6 | Section 15. The Seizure and Forfeiture Reporting Act is | ||||||
7 | amended by changing Section 5 as follows:
| ||||||
8 | (5 ILCS 810/5)
| ||||||
9 | Sec. 5. Applicability. This Act is applicable to property | ||||||
10 | seized or forfeited under the following provisions of law: | ||||||
11 | (1) Section 3.23 of the Illinois Food, Drug and | ||||||
12 | Cosmetic Act; | ||||||
13 | (2) Section 44.1 of the Environmental Protection Act; | ||||||
14 | (3) Section 105-55 of the Herptiles-Herps Act; | ||||||
15 | (4) Section 1-215 of the Fish and Aquatic Life Code; | ||||||
16 | (5) Section 1.25 of the Wildlife Code; | ||||||
17 | (6) Section 17-10.6 of the Criminal Code of 2012 | ||||||
18 | (financial institution fraud); | ||||||
19 | (7) Section 28-5 of the Criminal Code of 2012 | ||||||
20 | (gambling); | ||||||
21 | (8) Article 29B of the Criminal Code of 2012 (money | ||||||
22 | laundering); | ||||||
23 | (9) Article 33G of the Criminal Code of 2012 (Illinois | ||||||
24 | Street Gang and Racketeer Influenced And Corrupt |
| |||||||
| |||||||
1 | Organizations Law); | ||||||
2 | (10) Article 36 of the Criminal Code of 2012 (seizure | ||||||
3 | and forfeiture of vessels, vehicles, and aircraft); | ||||||
4 | (11) Section 47-15 of the Criminal Code of 2012 | ||||||
5 | (dumping garbage upon real property); | ||||||
6 | (12) Article 124B of the Code of Criminal Procedure of | ||||||
7 | 1963 (forfeiture); | ||||||
8 | (13) the Drug Asset Forfeiture Procedure Act; | ||||||
9 | (14) the Narcotics Profit Forfeiture Act; | ||||||
10 | (15) the Illinois Streetgang Terrorism Omnibus | ||||||
11 | Prevention Act; and | ||||||
12 | (16) the Illinois Securities Law of 1953 ; .
| ||||||
13 | (17) the Archaeological and Paleontological Resources | ||||||
14 | Protection Act; and | ||||||
15 | (18) the Human Remains Protection Act. | ||||||
16 | (Source: P.A. 102-558, eff. 8-20-21.)
| ||||||
17 | Section 20. The Archaeological and Paleontological | ||||||
18 | Resources Protection Act is amended by changing Sections .02, | ||||||
19 | 3, 5, 7, 8, 10, and 11 and by adding Section 12 as follows:
| ||||||
20 | (20 ILCS 3435/.02) (from Ch. 127, par. 133c.02)
| ||||||
21 | Sec. .02. Definitions. For purposes of this Act:
| ||||||
22 | (a) "Archaeological resource" means any significant | ||||||
23 | material remains or
localities of past human life or | ||||||
24 | activities on public land, including but
not limited to |
| |||||||
| |||||||
1 | artifacts, historic and prehistoric human skeletal remains,
| ||||||
2 | mounds, earthworks, shipwrecks, forts, village sites or mines.
| ||||||
3 | (b) "Department" means the Department of Natural | ||||||
4 | Resources. | ||||||
5 | "Disturb" includes defacing, mutilating, injuring, | ||||||
6 | exposing,
removing, destroying, desecrating or molesting in | ||||||
7 | any way.
| ||||||
8 | "Human remains" include the bones and decomposed fleshy | ||||||
9 | parts of a deceased human body. | ||||||
10 | (c) "Paleontological resource" means any significant | ||||||
11 | fossil or material
remains on public lands including traces or | ||||||
12 | impressions of animals or
plants that occur as part of the | ||||||
13 | geological record that are known and are
included in the files | ||||||
14 | maintained by the Department Illinois State Museum under | ||||||
15 | Section 10.
| ||||||
16 | (d) "Person" means any natural individual, firm, trust, | ||||||
17 | estate,
partnership, association, joint stock company, joint | ||||||
18 | venture, corporation
or a receiver, trustee, guardian or other | ||||||
19 | representative appointed by order
of any court, the federal | ||||||
20 | and State governments, including State
universities created by | ||||||
21 | statute or any city, town, county or other
political | ||||||
22 | subdivision of this State.
| ||||||
23 | (e) "Public land" means any land owned, but does not | ||||||
24 | include land leased
as lessee, by the State of Illinois or its | ||||||
25 | agencies, a State university
created by statute, a | ||||||
26 | municipality or a unit of local government.
|
| |||||||
| |||||||
1 | (Source: P.A. 86-459; 86-707.)
| ||||||
2 | (20 ILCS 3435/3) (from Ch. 127, par. 133c3)
| ||||||
3 | Sec. 3. Permits. | ||||||
4 | (a) It is unlawful for any person, either by himself or | ||||||
5 | through
an agent, to knowingly explore, excavate , possess, or | ||||||
6 | collect any of the archaeological or
paleontological resources | ||||||
7 | protected by this Act, unless such person obtains
a permit | ||||||
8 | issued by the Department of Natural Resources.
| ||||||
9 | (b) It is unlawful for any person, either by himself or | ||||||
10 | through an
agent, to knowingly disturb any archaeological or | ||||||
11 | paleontological resource
protected under this Act.
| ||||||
12 | (c) It is unlawful for any person, either by himself or | ||||||
13 | through an
agent, to offer any object for sale or exchange with | ||||||
14 | the knowledge that it
has been previously collected or | ||||||
15 | excavated in violation of this Act.
| ||||||
16 | (Source: P.A. 100-695, eff. 8-3-18.)
| ||||||
17 | (20 ILCS 3435/5) (from Ch. 127, par. 133c5)
| ||||||
18 | Sec. 5. Penalties. Any violation of Section 3 not | ||||||
19 | involving the disturbance of
human skeletal remains is a Class | ||||||
20 | A misdemeanor and the violator
shall also be subject to | ||||||
21 | imprisonment and a fine not in excess of $5,000; any
| ||||||
22 | subsequent violation is a Class 4 felony. Any violation of | ||||||
23 | Section 3
involving disturbance of human skeletal remains is a | ||||||
24 | Class 4 felony. Each
disturbance of an archaeological site or |
| |||||||
| |||||||
1 | a paleontological site shall
constitute a single offense. | ||||||
2 | Persons convicted of a violation of Section 3
shall also be | ||||||
3 | ordered to pay restitution. Such restitution is liable for | ||||||
4 | civil damages to be assessed by the circuit court land | ||||||
5 | managing
agency and the Department of Natural Resources . | ||||||
6 | Restitution Civil damages may include , but is not limited to :
| ||||||
7 | (a) (blank); forfeiture of any and all equipment used | ||||||
8 | in acquiring the protected
material;
| ||||||
9 | (b) any and all costs incurred in cleaning, restoring, | ||||||
10 | analyzing,
accessioning and curating the recovered | ||||||
11 | materials;
| ||||||
12 | (c) any and all costs associated with restoring the | ||||||
13 | land to its
original contour;
| ||||||
14 | (d) any and all costs associated with recovery of data | ||||||
15 | and analyzing,
publishing, accessioning and curating | ||||||
16 | materials when the
prohibited activity is so extensive as | ||||||
17 | to preclude the restoration of the
archaeological or | ||||||
18 | paleontological site;
| ||||||
19 | (e) any and all costs associated with the | ||||||
20 | determination and collection
of restitution the civil | ||||||
21 | damages .
| ||||||
22 | When restitution is ordered in a case that is prosecuted | ||||||
23 | by civil damages are recovered through the Attorney General, | ||||||
24 | all restitution the
proceeds shall be deposited into the | ||||||
25 | Historic Sites Fund; when restitution is ordered in a case | ||||||
26 | that is prosecuted by civil
damages are recovered through the |
| |||||||
| |||||||
1 | State's Attorney, the proceeds shall be
deposited into the | ||||||
2 | county fund designated by the county board.
| ||||||
3 | (Source: P.A. 100-695, eff. 8-3-18.)
| ||||||
4 | (20 ILCS 3435/7) (from Ch. 127, par. 133c7)
| ||||||
5 | Sec. 7. Property of the State; Department management. All | ||||||
6 | materials and associated records remain the property of
the | ||||||
7 | State and are managed by the Department Illinois State Museum . | ||||||
8 | The Illinois State
Museum, in consultation with the Department | ||||||
9 | of Natural Resources, is
authorized to establish long-term | ||||||
10 | curation agreements with Tribal Nations, universities,
museums | ||||||
11 | and other organizations.
| ||||||
12 | (Source: P.A. 100-695, eff. 8-3-18.)
| ||||||
13 | (20 ILCS 3435/8) (from Ch. 127, par. 133c8)
| ||||||
14 | Sec. 8. Department exempt from permit requirements. | ||||||
15 | (a) The Department Illinois State Museum shall be exempt | ||||||
16 | from the permit
requirements established by this Act for lands | ||||||
17 | under its direct management
but shall register that | ||||||
18 | exploration with the Department of Natural Resources ;
such | ||||||
19 | registration shall include the information required under | ||||||
20 | subsection
(c) of Section 6.
| ||||||
21 | (b) Any agency or department of the State of Illinois | ||||||
22 | which has on
its staff a professional archaeologist or | ||||||
23 | paleontologist who meets the
minimum qualifications | ||||||
24 | established in Section 9 and which has in effect a
memorandum |
| |||||||
| |||||||
1 | of agreement with the Department of Natural Resources for the
| ||||||
2 | protection, preservation and management of archaeological and
| ||||||
3 | paleontological resources shall be exempt from the permit | ||||||
4 | requirements
established by this Act.
| ||||||
5 | (c) Activities reviewed by the Department of Natural | ||||||
6 | Resources pursuant
to Section 106 of the National Historic | ||||||
7 | Preservation Act (16 U.S.C. 470f)
shall be exempt from these | ||||||
8 | permitting requirements.
| ||||||
9 | (d) Where a local government's activities are funded in | ||||||
10 | whole or in part
by a State agency and the funded activities | ||||||
11 | are supervised or controlled by
the State agency, the local | ||||||
12 | government shall be exempt from the permit
requirements | ||||||
13 | established by this Act to the same extent that the State
| ||||||
14 | agency is exempt. The State agency shall be responsible for | ||||||
15 | undertaking or
causing to be undertaken any steps necessary to | ||||||
16 | comply with this Act for
those local government actions so | ||||||
17 | exempted.
| ||||||
18 | (Source: P.A. 100-695, eff. 8-3-18.)
| ||||||
19 | (20 ILCS 3435/10) (from Ch. 127, par. 133c10)
| ||||||
20 | Sec. 10. Files containing
information on known | ||||||
21 | archaeological and paleontological sites. The Illinois State | ||||||
22 | Museum, in cooperation with the Department of Natural | ||||||
23 | Resources, shall develop and maintain files containing
| ||||||
24 | information on known archaeological and paleontological sites | ||||||
25 | in
the State, whether on State controlled or privately owned |
| |||||||
| |||||||
1 | property. The Department of Natural Resources
shall ensure the | ||||||
2 | safety of those sites by
promulgating regulations limiting | ||||||
3 | access to those files as necessary.
| ||||||
4 | (Source: P.A. 100-695, eff. 8-3-18.)
| ||||||
5 | (20 ILCS 3435/11) (from Ch. 127, par. 133c11)
| ||||||
6 | Sec. 11. Violation of administrative rules. The Department | ||||||
7 | of Natural Resources, in consultation with other
State | ||||||
8 | agencies and Departments that own or control land, shall | ||||||
9 | promulgate
such regulations as may be necessary to carry out | ||||||
10 | the purposes of this Act.
| ||||||
11 | It is unlawful to violate any administrative rule | ||||||
12 | promulgated pursuant to this Act. A violation of | ||||||
13 | administrative rules promulgated pursuant to this Act is a | ||||||
14 | Class B misdemeanor. | ||||||
15 | (Source: P.A. 100-695, eff. 8-3-18.)
| ||||||
16 | (20 ILCS 3435/12 new) | ||||||
17 | Sec. 12. Seizure. | ||||||
18 | (a) Every device, equipment, tool, vehicle or conveyance, | ||||||
19 | when used or operated illegally, or attempted to be used or | ||||||
20 | operated illegally by any person in taking, transporting, | ||||||
21 | holding, disturbing, exploring, excavating, collecting or | ||||||
22 | conveying any archaeological or paleontological resources, | ||||||
23 | contrary to the provisions of this Act, including | ||||||
24 | administrative rules, is a public nuisance and subject to |
| |||||||
| |||||||
1 | seizure and confiscation by any authorized employee of the | ||||||
2 | Department; upon the seizure of such item the Department shall | ||||||
3 | take and hold the same until disposed of as hereinafter | ||||||
4 | provided. | ||||||
5 | (b) Upon the seizure of any property as herein provided, | ||||||
6 | the authorized employee of the Department making such seizure | ||||||
7 | shall forthwith cause a complaint to be filed before the | ||||||
8 | circuit court and a summons to be issued requiring the person | ||||||
9 | who illegally used or operated or attempted to use or operate | ||||||
10 | such property and the owner and person in possession of such | ||||||
11 | property to appear in court and show cause why the property | ||||||
12 | seized should not be forfeited to the State. Upon the return of | ||||||
13 | the summons duly served or other notice as herein provided, | ||||||
14 | the court shall proceed to determine the question of the | ||||||
15 | illegality of the use of the seized property and upon judgment | ||||||
16 | being entered to the effect that such property was illegally | ||||||
17 | used, an order may be entered providing for the forfeiture of | ||||||
18 | such seized property to the Department and shall thereupon | ||||||
19 | become the property of the Department; but the owner of such | ||||||
20 | property may have a jury determine the illegality of its use, | ||||||
21 | and shall have the right of an appeal, as in other cases. Such | ||||||
22 | confiscation or forfeiture shall not preclude or mitigate | ||||||
23 | against prosecution and assessment of penalties otherwise | ||||||
24 | provided in this Act. | ||||||
25 | (c) Upon seizure of any property under circumstances | ||||||
26 | supporting a reasonable belief that such property was |
| |||||||
| |||||||
1 | abandoned, lost or stolen or otherwise illegally possessed or | ||||||
2 | used contrary to the provisions of this Act, except property | ||||||
3 | seized during a search or arrest, and ultimately returned, | ||||||
4 | destroyed, or otherwise disposed of pursuant to order of a | ||||||
5 | court in accordance with this Act, the Department shall make | ||||||
6 | reasonable inquiry and efforts to identify and notify the | ||||||
7 | owner or other person entitled to possession thereof, and | ||||||
8 | shall return the property after such person provides | ||||||
9 | reasonable and satisfactory proof of his ownership or right to | ||||||
10 | possession and reimburses the Department for all reasonable | ||||||
11 | expenses of such custody. If the identity or location of the | ||||||
12 | owner or other person entitled to possession of the property | ||||||
13 | has not been ascertained within 6 months after the Department | ||||||
14 | obtains such possession, the Department shall effectuate the | ||||||
15 | sale of the property for cash to the highest bidder at a public | ||||||
16 | auction. The owner or other person entitled to possession of | ||||||
17 | such property may claim and recover possession of the property | ||||||
18 | at any time before its sale at public auction, upon providing | ||||||
19 | reasonable and satisfactory proof of ownership or right of | ||||||
20 | possession and reimbursing the Department for all reasonable | ||||||
21 | expenses of custody thereof. | ||||||
22 | (d) Any property forfeited to the State by court order | ||||||
23 | pursuant to this Section may be disposed of by public auction, | ||||||
24 | except that any property which is the subject of such a court | ||||||
25 | order shall not be disposed of pending appeal of the order. The | ||||||
26 | proceeds of the sales at auction shall be deposited in the |
| |||||||
| |||||||
1 | Historic Sites Fund. | ||||||
2 | (e) The Department shall pay all costs of notices required | ||||||
3 | by this Section. | ||||||
4 | Property seized or forfeited under this Section is subject | ||||||
5 | to reporting under the Seizure and Forfeiture Reporting Act. | ||||||
6 | (f) This Section does not apply to archaeological or | ||||||
7 | paleontological resources that were recovered by the | ||||||
8 | Department or other law enforcement agency during an | ||||||
9 | investigation of a violation of this Act.
| ||||||
10 | Section 25. The Human Skeletal Remains Protection Act is | ||||||
11 | amended by changing Sections 0.01, 1, 2, 3, 4, 6, 8, 9, 10, 12, | ||||||
12 | 13, 14, 15, and 16 and by adding Sections 3.5, 16.1, 16.2, and | ||||||
13 | 16.3 as follows:
| ||||||
14 | (20 ILCS 3440/0.01) (from Ch. 127, par. 2660)
| ||||||
15 | Sec. 0.01. Short title. This Act may be cited as the
Human | ||||||
16 | Skeletal Remains Protection Act.
| ||||||
17 | (Source: P.A. 86-1324.)
| ||||||
18 | (20 ILCS 3440/1) (from Ch. 127, par. 2661)
| ||||||
19 | Sec. 1. Definitions. For the purposes of this Act:
| ||||||
20 | "Department" means the Department of Natural Resources. | ||||||
21 | "Disturb" or "disturbance" includes excavating, removing, | ||||||
22 | exposing, probing, defacing, mutilating, destroying, | ||||||
23 | molesting, or desecrating in any way human remains, |
| |||||||
| |||||||
1 | unregistered graves, grave artifacts, and grave markers. | ||||||
2 | "Encounter" means to come upon human remains, grave | ||||||
3 | artifacts, grave markers, or unregistered graves at a location | ||||||
4 | where such viewing was not expected or anticipated. | ||||||
5 | "Grave artifacts" means any item of human manufacture or | ||||||
6 | use that is associated with the human remains in an | ||||||
7 | unregistered grave. | ||||||
8 | "Grave markers" means any tomb, monument, stone, ornament, | ||||||
9 | mound, or other item of human manufacture that is associated | ||||||
10 | with an unregistered grave. | ||||||
11 | (a) "Human skeletal remains" include the bones and | ||||||
12 | decomposed fleshy
parts of a deceased human body.
| ||||||
13 | "Person" means any natural individual, firm, trust, | ||||||
14 | estate, partnership, association, joint stock company, joint | ||||||
15 | venture, limited-liability company, corporation or a receiver, | ||||||
16 | trustee, guardian or other representatives appointed by order | ||||||
17 | of any court, the Federal and State governments, including | ||||||
18 | State Universities created by statute or any city, town, | ||||||
19 | county or other political subdivision of this State. | ||||||
20 | "Tribal consultation" means a form of communication | ||||||
21 | centered in trust, respect and shared responsibility that | ||||||
22 | upholds Tribal sovereignty. It is a free and open process | ||||||
23 | where the exchange of information and opinions are shared | ||||||
24 | among the participating parties. | ||||||
25 | "Undertaking" means any project, activity, or construction | ||||||
26 | that can result in changes to, disturbance of, moving, or |
| |||||||
| |||||||
1 | destruction of human remains, grave artifacts, grave markers | ||||||
2 | or unregistered graves. | ||||||
3 | (b) "Unregistered grave graves " means are any grave graves | ||||||
4 | or location locations where a human body
has been buried or | ||||||
5 | deposited; is over 100 years old; and is not in a
cemetery | ||||||
6 | registered with or licensed by the State Comptroller under the | ||||||
7 | Cemetery Care Act or under the authority of the Illinois | ||||||
8 | Department of Financial and Professional Regulation pursuant | ||||||
9 | to the Cemetery Oversight Act, whichever is applicable.
| ||||||
10 | (c) "Grave artifacts" are any item of human manufacture or | ||||||
11 | use that is
associated with the human skeletal remains in an | ||||||
12 | unregistered grave.
| ||||||
13 | (d) "Grave markers" are any tomb, monument, stone, | ||||||
14 | ornament, mound, or
other item of human manufacture that is | ||||||
15 | associated with an unregistered grave.
| ||||||
16 | (e) "Person" means any natural individual, firm, trust, | ||||||
17 | estate,
partnership, association, joint stock company, joint | ||||||
18 | venture, corporation
or a receiver, trustee, guardian or other | ||||||
19 | representatives appointed by
order of any court, the Federal | ||||||
20 | and State governments, including State
Universities created by | ||||||
21 | statute or any city, town, county or other political
| ||||||
22 | subdivision of this State.
| ||||||
23 | (f) "Disturb" includes excavating, removing, exposing, | ||||||
24 | defacing,
mutilating, destroying, molesting, or desecrating in | ||||||
25 | any
way human skeletal remains, unregistered graves, and grave | ||||||
26 | markers.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
| ||||||
2 | (20 ILCS 3440/2) (from Ch. 127, par. 2662)
| ||||||
3 | Sec. 2. Legislative finding and intentions. The General | ||||||
4 | Assembly
finds that existing laws do not provide equal or | ||||||
5 | adequate protection for all
human graves. There is a real and | ||||||
6 | growing threat to the safety and
sanctity of unregistered and | ||||||
7 | unmarked graves. Numerous incidents in
Illinois have resulted | ||||||
8 | in the desecration of human remains and vandalism to
graves | ||||||
9 | and grave markers. Similar incidents have occurred in | ||||||
10 | neighboring states and
as a result those states have increased | ||||||
11 | their criminal penalties for such
conduct. Strong and | ||||||
12 | meaningful relationships between the State of Illinois and | ||||||
13 | tribal nations geographically and culturally affiliated to the | ||||||
14 | land now known as the State of Illinois must be cultivated. | ||||||
15 | There is a strong likelihood that persons engaged for personal | ||||||
16 | or
financial gain in the mining of prehistoric and historic | ||||||
17 | Indian, pioneer,
and Civil War veteran's graves will move | ||||||
18 | their operations to Illinois to
avoid the increased penalties | ||||||
19 | being imposed in neighboring states. There
is an immediate | ||||||
20 | need for legislation to protect the graves of Native Americans | ||||||
21 | and any other peoples geographically and culturally affiliated | ||||||
22 | to the land now known as the State of Illinois these earlier
| ||||||
23 | Illinoisans from such desecration. The General Assembly | ||||||
24 | intends to assure
with this Act that all human burials be | ||||||
25 | accorded equal treatment and
respect for human dignity without |
| |||||||
| |||||||
1 | reference to ethnic origins, cultural
backgrounds or religious | ||||||
2 | affiliations .
| ||||||
3 | The General Assembly finds that the intentional looting | ||||||
4 | of, desecration of, or profiting from human remains and | ||||||
5 | mortuary objects are deplorable actions that must be | ||||||
6 | prohibited. When human remains and unregistered graves are | ||||||
7 | unintentionally encountered, they must be treated with respect | ||||||
8 | and in accordance with law. This Act is not intended The | ||||||
9 | General Assembly also finds that those persons engaged in the
| ||||||
10 | scientific study or collecting of artifacts which
have not | ||||||
11 | been acquired in violation of law are engaged in legitimate | ||||||
12 | and
worthy scientific, educational and recreational | ||||||
13 | activities. This Act is
not intended to interfere with the | ||||||
14 | continued legitimate collecting
activities or studies of such | ||||||
15 | persons; nor is it intended to interfere with
the normal | ||||||
16 | enjoyment of private property owners, farmers, or those | ||||||
17 | engaged
in the development, mining or improvement of real | ||||||
18 | property.
| ||||||
19 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
20 | (20 ILCS 3440/3) (from Ch. 127, par. 2663)
| ||||||
21 | Sec. 3. Notification to coroner and Department. Any person | ||||||
22 | who encounters discovers human skeletal remains subject to
| ||||||
23 | this Act shall promptly notify the coroner and shall notify | ||||||
24 | the Department within 48 hours of the encounter . Any person | ||||||
25 | who knowingly fails
to report such an encounter as required by |
| |||||||
| |||||||
1 | this section a discovery within 48 hours is guilty of a Class C
| ||||||
2 | misdemeanor, unless such person has reasonable cause to | ||||||
3 | believe that the
coroner and the Department had already been | ||||||
4 | so notified. If the human skeletal remains appear
to be from an | ||||||
5 | unregistered grave, the coroner shall promptly notify the | ||||||
6 | Department of Natural Resources
prior to their removal . | ||||||
7 | Nothing in this Act
shall be construed to apply to human | ||||||
8 | skeletal remains subject to "An Act to
revise the law in | ||||||
9 | relation to coroners".
| ||||||
10 | (Source: P.A. 100-695, eff. 8-3-18.)
| ||||||
11 | (20 ILCS 3440/3.5 new) | ||||||
12 | Sec. 3.5. Encounter procedure. When an undertaking | ||||||
13 | encounters human remains, unregistered graves, grave markers, | ||||||
14 | or grave artifacts, all activities shall cease within a | ||||||
15 | 100-foot radius of the encounter. The encountering party shall | ||||||
16 | notify the coroner and the Department as required in Section | ||||||
17 | 3. If the coroner determines that the human remains are not | ||||||
18 | over 100 years old, no further action is required under this | ||||||
19 | Act. If the coroner does determine that the human remains are | ||||||
20 | over 100 years old, the Department shall review the | ||||||
21 | undertaking and may issue a permit pursuant to Section 13. | ||||||
22 | During its review, if it is determined by the Department that | ||||||
23 | the human remains, unregistered grave, grave marker, or grave | ||||||
24 | artifact are Native American in origin, the Department shall | ||||||
25 | conduct tribal consultation with the tribal nations that |
| |||||||
| |||||||
1 | identify as having or having had a historical, cultural, or | ||||||
2 | geographic affiliation on the land where the undertaking will | ||||||
3 | occur.
| ||||||
4 | (20 ILCS 3440/4) (from Ch. 127, par. 2664)
| ||||||
5 | Sec. 4. Disturbing human remains. | ||||||
6 | (a) It is unlawful for any person , either by himself or | ||||||
7 | through
an agent, to knowingly or recklessly disturb or to | ||||||
8 | knowingly or recklessly allow the disturbance of human | ||||||
9 | skeletal remains , unregistered graves, grave markers, or and | ||||||
10 | grave artifacts that originated from any land that is now part | ||||||
11 | of the State of Illinois and
in unregistered graves protected | ||||||
12 | by this Act unless such disturbance is authorized by person | ||||||
13 | obtains a
permit issued by the Department of Natural | ||||||
14 | Resources . A violation of this Section is a Class 4 felony.
| ||||||
15 | (b) This Section does not apply to: | ||||||
16 | (1) persons employed by or agents of a county medical | ||||||
17 | examiner's
office or coroner's office acting within the | ||||||
18 | scope of their employment; | ||||||
19 | (2) the acts of a licensed funeral director or
| ||||||
20 | embalmer while performing acts authorized by the Funeral | ||||||
21 | Directors and Embalmers Licensing Code; | ||||||
22 | (3) cemeteries and cemetery personnel while
performing | ||||||
23 | acts pursuant to a bona fide request from the involved | ||||||
24 | cemetery consumer or his or her heirs, or pursuant to an | ||||||
25 | interment or disinterment permit or a court order, or as |
| |||||||
| |||||||
1 | authorized under Section 14.5 of the Cemetery Protection | ||||||
2 | Act, or any other actions legally authorized for cemetery | ||||||
3 | employees; | ||||||
4 | (4) the acts of emergency medical personnel or
| ||||||
5 | physicians performed in good faith and according to the | ||||||
6 | usual and customary standards of medical practice in an | ||||||
7 | attempt to resuscitate a life; | ||||||
8 | (5) physicians licensed to practice medicine in all
of | ||||||
9 | its branches or holding a visiting professor, physician, | ||||||
10 | or resident permit under the Medical Practice Act of 1987, | ||||||
11 | performing acts in accordance with usual and customary | ||||||
12 | standards of medical practice, or a currently enrolled | ||||||
13 | student in an accredited medical school in furtherance of | ||||||
14 | his or her education at the accredited medical school; | ||||||
15 | (6) removing or carrying away human remains by the
| ||||||
16 | employees, independent contractors, or other persons | ||||||
17 | designated by the federally designated organ procurement | ||||||
18 | agency engaged in the organ and tissue procurement | ||||||
19 | process; or | ||||||
20 | (7) Department employees in the course of their | ||||||
21 | official duties pursuant to this Act. | ||||||
22 | (Source: P.A. 100-695, eff. 8-3-18.)
| ||||||
23 | (20 ILCS 3440/6) (from Ch. 127, par. 2666)
| ||||||
24 | Sec. 6. Violations. | ||||||
25 | (a) It is unlawful for any person , either by himself or |
| |||||||
| |||||||
1 | through
an agent, to knowingly or recklessly: | ||||||
2 | (1) charge admission or a fee to observe; | ||||||
3 | (2) sell; | ||||||
4 | (3) purchase; or | ||||||
5 | (4) transport for sale or to a location that will | ||||||
6 | charge admission or a fee to observe
any human remains, | ||||||
7 | grave artifacts, or grave markers that are Native American | ||||||
8 | in origin or that originated from any land that is now part | ||||||
9 | of the State of Illinois. | ||||||
10 | A person who violates this Section commits a Class A | ||||||
11 | misdemeanor for a first violation and a Class 4 felony for a | ||||||
12 | second or subsequent violation offer any human skeletal | ||||||
13 | remains, grave artifacts or grave
markers for sale or exchange | ||||||
14 | with the knowledge that they have been
collected or excavated | ||||||
15 | in violation of this Act .
| ||||||
16 | (b) This Section does not apply to: | ||||||
17 | (1) the acts of a licensed funeral director or
| ||||||
18 | embalmer while performing acts authorized by the Funeral | ||||||
19 | Directors and Embalmers Licensing Code; or | ||||||
20 | (2) cemeteries and cemetery personnel while
performing | ||||||
21 | acts pursuant to a bona fide request from the involved | ||||||
22 | cemetery consumer or his or her heirs, or pursuant to an | ||||||
23 | interment or disinterment permit or a court order, or as | ||||||
24 | authorized under Section 14.5 of the Cemetery Protection | ||||||
25 | Act, or any other actions legally authorized for cemetery | ||||||
26 | employees. |
| |||||||
| |||||||
1 | (Source: P.A. 86-151.)
| ||||||
2 | (20 ILCS 3440/8) (from Ch. 127, par. 2668)
| ||||||
3 | Sec. 8. Duties of the State's Attorney and Attorney | ||||||
4 | General. The State's Attorney of the county in which a
| ||||||
5 | violation of Sections 4, 5, 6, or 7 of this Act or | ||||||
6 | administrative rules is alleged to
have occurred, or the | ||||||
7 | Attorney General, may be requested by
the Department Director | ||||||
8 | of Natural Resources to initiate
criminal prosecutions and or | ||||||
9 | to seek restitution, civil damages, injunctive
relief and any | ||||||
10 | other appropriate relief. The Department of Natural Resources | ||||||
11 | shall co-operate with the State's Attorney
or the Attorney | ||||||
12 | General. Persons wishing to report aware of any violations of
| ||||||
13 | this Act shall contact the Department of Natural Resources .
| ||||||
14 | (Source: P.A. 100-695, eff. 8-3-18.)
| ||||||
15 | (20 ILCS 3440/9) (from Ch. 127, par. 2669)
| ||||||
16 | Sec. 9. Rewards for information leading to arrest of | ||||||
17 | violators of the Act. The Department of Natural Resources is | ||||||
18 | authorized to offer a
reward of up to $5,000 $2000 for | ||||||
19 | information leading to the arrest and
conviction of persons | ||||||
20 | who violate Sections 4, 5, 6, and 7 of this Act.
| ||||||
21 | (Source: P.A. 100-695, eff. 8-3-18.)
| ||||||
22 | (20 ILCS 3440/10) (from Ch. 127, par. 2670)
| ||||||
23 | Sec. 10. Penalties. Any violation of Sections 4, 6 or 7 of |
| |||||||
| |||||||
1 | this Act , unless otherwise specified, is a Class A
misdemeanor | ||||||
2 | for a first violation and a Class 4 felony for a second or | ||||||
3 | subsequent violation. Any violation of administrative rules | ||||||
4 | adopted under this Act is a Class B misdemeanor and the | ||||||
5 | violator shall be subject to imprisonment for not more
than 1 | ||||||
6 | year and a fine not in excess of $10,000; any subsequent | ||||||
7 | violation
is a Class 4 felony . Each disturbance of human | ||||||
8 | remains, an unregistered graves, grave markers, or grave | ||||||
9 | artifacts grave constitutes
a separate offense.
| ||||||
10 | (Source: P.A. 86-151.)
| ||||||
11 | (20 ILCS 3440/12) (from Ch. 127, par. 2672)
| ||||||
12 | Sec. 12. Restitution. Persons convicted of a violation of | ||||||
13 | Section 3, 3.5, 4, or 6 Section 4 or 5 of this
Act shall also | ||||||
14 | be liable for restitution civil damages to be assessed by the | ||||||
15 | circuit court Historic
Preservation Agency . Restitution Civil | ||||||
16 | damages may include , but is not limited to :
| ||||||
17 | (a) (blank); forfeiture of any and all equipment used in | ||||||
18 | disturbing the protected
unregistered graves or grave markers;
| ||||||
19 | (b) any and all costs incurred in cleaning, restoring, | ||||||
20 | repairing, analyzing,
accessioning and curating the recovered | ||||||
21 | materials , including, but not limited to, fees for experts the | ||||||
22 | Department needed to complete any restoration or | ||||||
23 | identification required under this Act ;
| ||||||
24 | (c) any and all costs associated with restoring the land | ||||||
25 | to its original
contour or the grave marker to its original |
| |||||||
| |||||||
1 | condition;
| ||||||
2 | (d) any and all costs associated with recovery of data, | ||||||
3 | and analyzing,
publishing, accessioning and curating materials | ||||||
4 | when the prohibited
activity is so extensive as to preclude | ||||||
5 | the restoration of the unregistered
burials or grave markers;
| ||||||
6 | (e) any and all costs associated with the reinterment of | ||||||
7 | the human skeletal remains;
| ||||||
8 | (f) any and all costs associated with the determination | ||||||
9 | and collection
of restitution; and the civil damages.
| ||||||
10 | (g) for Native American remains and materials, any and all | ||||||
11 | costs of traveling for tribal nation representatives for | ||||||
12 | reinterment or repatriation activities and for non-Native | ||||||
13 | American remains and materials, any and all costs of traveling | ||||||
14 | for experts the Department needed to complete any restoration | ||||||
15 | or identification required under this Act. | ||||||
16 | When restitution is ordered in a case prosecuted by civil | ||||||
17 | damages are recovered through the Attorney General, the | ||||||
18 | restitution
proceeds shall be deposited into the Repatriation | ||||||
19 | and Reinterment Historic Sites Fund; when restitution is | ||||||
20 | ordered in a case prosecuted by civil
damages are recovered | ||||||
21 | through the State's Attorney, the proceeds shall be
deposited | ||||||
22 | into the county funds designated by the county board that may | ||||||
23 | only be used for repatriation or reinterment .
| ||||||
24 | (Source: P.A. 86-151.)
| ||||||
25 | (20 ILCS 3440/13) (from Ch. 127, par. 2673)
|
| |||||||
| |||||||
1 | Sec. 13. Notification. | ||||||
2 | (a) If an undertaking will occur on property that the | ||||||
3 | property owner has been notified in writing by the Department | ||||||
4 | that the land is likely to contain human remains, unregistered | ||||||
5 | graves, grave markers, or grave artifacts, a permit shall be | ||||||
6 | obtained by the landowner from the Department. | ||||||
7 | (b) If human remains, unregistered graves, grave markers, | ||||||
8 | or grave artifacts that were unknown and were encountered by | ||||||
9 | any person, a permit shall be obtained from the Department | ||||||
10 | before any work on the undertaking may continue. | ||||||
11 | (c) The Department of Natural Resources shall adopt | ||||||
12 | administrative rules develop
regulations, in consultation with | ||||||
13 | the Illinois State Museum, whereby
permits shall may be issued | ||||||
14 | for the avoidance, disturbance, or removal of human remains, | ||||||
15 | unregistered graves, grave markers, or grave artifacts, or a | ||||||
16 | combination of those activities removal of human skeletal | ||||||
17 | remains and grave
artifacts from unregistered graves or the | ||||||
18 | removal of grave markers . The Department may adopt emergency | ||||||
19 | rules in accordance with Sections 5-45 and 5-45.35 of the | ||||||
20 | Illinois Administrative Procedure Act. The adoption of | ||||||
21 | emergency rules authorized by Sections 5-45 and 5-45.35 of the | ||||||
22 | Illinois Administrative Procedure Act and this paragraph is | ||||||
23 | deemed to be necessary for the public interest, safety, and | ||||||
24 | welfare.
| ||||||
25 | (d) (b) Each permit shall specify all terms and conditions | ||||||
26 | under which the
avoidance, removal , or disturbance of human |
| |||||||
| |||||||
1 | skeletal remains, grave artifacts, or grave markers , or | ||||||
2 | unregistered graves shall
be carried out. All costs accrued in | ||||||
3 | the removal of the aforementioned
materials shall be borne by | ||||||
4 | the permit applicant. Within 60 days of the Upon completion of | ||||||
5 | the undertaking
project , the permit holder shall submit a | ||||||
6 | report , on a form provided by the Department, of the results to | ||||||
7 | the Department of Natural Resources .
| ||||||
8 | (Source: P.A. 100-695, eff. 8-3-18.)
| ||||||
9 | (20 ILCS 3440/14) (from Ch. 127, par. 2674)
| ||||||
10 | Sec. 14. Native American human remains. All Native | ||||||
11 | American human remains, unregistered graves, grave markers, | ||||||
12 | and grave artifacts are the property of the Native American | ||||||
13 | nations geographically and culturally affiliated with | ||||||
14 | Illinois. The Department shall maintain and care for Native | ||||||
15 | American property until tribal consultation has been completed | ||||||
16 | and the tribes have made the final decision for repatriation | ||||||
17 | or other arrangements have been established. The Department | ||||||
18 | shall: | ||||||
19 | (1) maintain records; | ||||||
20 | (2) conduct tribal consultation; | ||||||
21 | (3) provide reports to tribal nations; and | ||||||
22 | (4) facilitate repatriation and reinterment efforts. | ||||||
23 | Such repatriation and reinterment efforts shall be with | ||||||
24 | tribal approval. | ||||||
25 | All non-Native American human skeletal remains , grave markers, |
| |||||||
| |||||||
1 | and grave artifacts in
unregistered graves are held in trust | ||||||
2 | for the people of Illinois by the
State and are under the | ||||||
3 | jurisdiction of the Department until and unless they are | ||||||
4 | repatriated to descendants or other arrangements have been | ||||||
5 | established. Unless and until they are repatriated, all of | ||||||
6 | Natural Resources.
All materials collected under this Act | ||||||
7 | shall be maintained, with dignity
and respect, for the people | ||||||
8 | of the State under the care of the Department Illinois
State | ||||||
9 | Museum .
| ||||||
10 | (Source: P.A. 100-695, eff. 8-3-18.)
| ||||||
11 | (20 ILCS 3440/15) (from Ch. 127, par. 2675)
| ||||||
12 | Sec. 15. Rules. The Department of Natural Resources shall | ||||||
13 | adopt promulgate such administrative rules
regulations as may | ||||||
14 | be necessary to carry out the purposes of this Act in | ||||||
15 | accordance with the Illinois Administrative Procedure Act .
| ||||||
16 | (Source: P.A. 100-695, eff. 8-3-18.)
| ||||||
17 | (20 ILCS 3440/16) (from Ch. 127, par. 2676)
| ||||||
18 | Sec. 16. Exemptions. Activities reviewed by the Department | ||||||
19 | of Natural Resources
pursuant to Section 106 of the National | ||||||
20 | Historic Preservation Act (16
U.S.C. 470f) and activities | ||||||
21 | permitted pursuant to the Federal Surface
Mining Control and | ||||||
22 | Reclamation Act of 1977 (P.L. 95-87), or the rules and
| ||||||
23 | regulations promulgated thereunder or any law, rule or | ||||||
24 | regulation adopted
by the State of Illinois thereunder shall |
| |||||||
| |||||||
1 | be exempt from these permitting
requirements.
| ||||||
2 | (Source: P.A. 100-695, eff. 8-3-18.)
| ||||||
3 | (20 ILCS 3440/16.1 new) | ||||||
4 | Sec. 16.1. Burial site on Department owned lands. The | ||||||
5 | Department may create a burial site on Department owned lands | ||||||
6 | for the reburial of repatriated Native American human remains, | ||||||
7 | unregistered graves, grave markers, or grave artifacts after | ||||||
8 | tribal consultation with the federally recognized tribes with | ||||||
9 | geographical and cultural affiliation with Illinois. The | ||||||
10 | burial site shall not be used by the public and shall be | ||||||
11 | protected by the State of Illinois.
| ||||||
12 | (20 ILCS 3440/16.2 new) | ||||||
13 | Sec. 16.2. Repatriation and Reinterment Fund. The | ||||||
14 | Repatriation and Reinterment Fund is created in the State | ||||||
15 | treasury. All restitution collected from the prosecution of | ||||||
16 | any violation of this Act shall be deposited in the fund and | ||||||
17 | each deposit shall only be used to cover the restitution that | ||||||
18 | was so ordered in an individual case pursuant to Section 12. | ||||||
19 | The General Assembly may allocate appropriations to this fund | ||||||
20 | to cover the cost of, including but not limited to, | ||||||
21 | reinterment, repatriation, repair, or restoration of human | ||||||
22 | remains, unregistered graves, grave markers, or grave | ||||||
23 | artifacts that are in the custody of the Department.
|
| |||||||
| |||||||
1 | (20 ILCS 3440/16.3 new) | ||||||
2 | Sec. 16.3. Forfeiture. | ||||||
3 | (a) Every device, equipment, tool, vehicle or conveyance, | ||||||
4 | when used or operated illegally, or attempted to be used or | ||||||
5 | operated illegally by any person in taking, transporting, | ||||||
6 | holding, disturbing, exploring, excavating, collecting or | ||||||
7 | conveying any human remains, grave artifacts, or grave | ||||||
8 | markers, contrary to the provisions of this Act, including | ||||||
9 | administrative rules, is a public nuisance and subject to | ||||||
10 | seizure and confiscation by any authorized employee of the | ||||||
11 | Department; upon the seizure of such item the Department shall | ||||||
12 | take and hold the same until disposed of as hereinafter | ||||||
13 | provided. | ||||||
14 | (b) Upon the seizure of any property as herein provided, | ||||||
15 | the authorized employee of the Department making such seizure | ||||||
16 | shall forthwith cause a complaint to be filed before the | ||||||
17 | circuit court and a summons to be issued requiring the person | ||||||
18 | who illegally used or operated or attempted to use or operate | ||||||
19 | such property and the owner and person in possession of such | ||||||
20 | property to appear in court and show cause why the property | ||||||
21 | seized should not be forfeited to the State. Upon the return of | ||||||
22 | the summons duly served or other notice as herein provided, | ||||||
23 | the court shall proceed to determine the question of the | ||||||
24 | illegality of the use of the seized property and upon judgment | ||||||
25 | being entered to the effect that such property was illegally | ||||||
26 | used, an order may be entered providing for the forfeiture of |
| |||||||
| |||||||
1 | such seized property to the Department and shall thereupon | ||||||
2 | become the property of the Department; but the owner of such | ||||||
3 | property may have a jury determine the illegality of its use, | ||||||
4 | and shall have the right of an appeal, as in other cases. Such | ||||||
5 | confiscation or forfeiture shall not preclude or mitigate | ||||||
6 | against prosecution and assessment of penalties otherwise | ||||||
7 | provided in this Act. | ||||||
8 | (c) Upon seizure of any property under circumstances | ||||||
9 | supporting a reasonable belief that such property was | ||||||
10 | abandoned, lost or stolen or otherwise illegally possessed or | ||||||
11 | used contrary to the provisions of this Act, except property | ||||||
12 | seized during a search or arrest, and ultimately returned, | ||||||
13 | destroyed, or otherwise disposed of pursuant to order of a | ||||||
14 | court in accordance with this Act, the Department shall make | ||||||
15 | reasonable inquiry and efforts to identify and notify the | ||||||
16 | owner or other person entitled to possession thereof, and | ||||||
17 | shall return the property after such person provides | ||||||
18 | reasonable and satisfactory proof of his ownership or right to | ||||||
19 | possession and reimburses the Department for all reasonable | ||||||
20 | expenses of such custody. If the identity or location of the | ||||||
21 | owner or other person entitled to possession of the property | ||||||
22 | has not been ascertained within 6 months after the Department | ||||||
23 | obtains such possession, the Department shall effectuate the | ||||||
24 | sale of the property for cash to the highest bidder at a public | ||||||
25 | auction. The owner or other person entitled to possession of | ||||||
26 | such property may claim and recover possession of the property |
| |||||||
| |||||||
1 | at any time before its sale at public auction, upon providing | ||||||
2 | reasonable and satisfactory proof of ownership or right of | ||||||
3 | possession and reimbursing the Department for all reasonable | ||||||
4 | expenses of custody thereof. | ||||||
5 | (d) Any property forfeited to the State by court order | ||||||
6 | pursuant to this Section may be disposed of by public auction, | ||||||
7 | except that any property which is the subject of such a court | ||||||
8 | order shall not be disposed of pending appeal of the order. The | ||||||
9 | proceeds of the sales at auction shall be deposited in the | ||||||
10 | Repatriation and Reinterment Fund. | ||||||
11 | (e) The Department shall pay all costs of notices required | ||||||
12 | by this Section. | ||||||
13 | (f) Property seized or forfeited under this Section is | ||||||
14 | subject to reporting under the Seizure and Forfeiture | ||||||
15 | Reporting Act. | ||||||
16 | (g) This Section does not apply to human remains, grave | ||||||
17 | artifacts, or grave markers that were recovered by the | ||||||
18 | Department or other law enforcement agency during an | ||||||
19 | investigation of a violation of this Act.
| ||||||
20 | (20 ILCS 3440/5 rep.)
| ||||||
21 | (20 ILCS 3440/7 rep.)
| ||||||
22 | (20 ILCS 3440/11 rep.)
| ||||||
23 | Section 30. The Human Skeletal Remains Protection Act is | ||||||
24 | amended by repealing Sections 5, 7, and 11.
|
| |||||||
| |||||||
1 | Section 35. The State Finance Act is amended by adding | ||||||
2 | Section 5.990 as follows:
| ||||||
3 | (30 ILCS 105/5.990 new) | ||||||
4 | Sec. 5.990. The Repatriation and Reinterment Fund.
| ||||||
5 | Section 95. No acceleration or delay. Where this Act makes | ||||||
6 | changes in a statute that is represented in this Act by text | ||||||
7 | that is not yet or no longer in effect (for example, a Section | ||||||
8 | represented by multiple versions), the use of that text does | ||||||
9 | not accelerate or delay the taking effect of (i) the changes | ||||||
10 | made by this Act or (ii) provisions derived from any other | ||||||
11 | Public Act.
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
|