Bill Text: IL HB4934 | 2023-2024 | 103rd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Cemetery Protection Act. Defines "veteran" and "veterans' organization". Provides that if a veterans' organization has identified human remains of a veteran that are more than 100 years old and wishes to have a marker placed to designate the grave as that of a veteran, a cemetery authority may allow such memorialization without permission of the decedent's heirs. Provides that all costs for memorialization including the marker, its installation, and any removal of or repair to a previous marker that is damaged shall be entirely borne by the veterans' organization. Prohibits human remains from being disturbed in this process. Requires permission from the cemetery authority and compliance with the rules and regulations and any collective bargaining agreement of the involved cemetery. Requires the veterans' organization to first make a good faith effort to contact the decedent's next of kin, and if there is no response within 120 days, the process may proceed. Provides that if any heir of a decedent later objects to memorialization, the sole remedy is the removal of the involved marker at the expense of the involved veterans' organization unless the veterans' organization no longer exists or is without funds, in which case removal shall be at the expense of the heir. Prohibits any monetary damages or any other equitable relief or penalties against the cemetery authority, cemetery, or veterans' association.
Spectrum: Slight Partisan Bill (Democrat 26-9)
Status: (Engrossed) 2024-05-08 - Senate Floor Amendment No. 1 Referred to Assignments [HB4934 Detail]
Download: Illinois-2023-HB4934-Introduced.html
Bill Title: Amends the Cemetery Protection Act. Defines "veteran" and "veterans' organization". Provides that if a veterans' organization has identified human remains of a veteran that are more than 100 years old and wishes to have a marker placed to designate the grave as that of a veteran, a cemetery authority may allow such memorialization without permission of the decedent's heirs. Provides that all costs for memorialization including the marker, its installation, and any removal of or repair to a previous marker that is damaged shall be entirely borne by the veterans' organization. Prohibits human remains from being disturbed in this process. Requires permission from the cemetery authority and compliance with the rules and regulations and any collective bargaining agreement of the involved cemetery. Requires the veterans' organization to first make a good faith effort to contact the decedent's next of kin, and if there is no response within 120 days, the process may proceed. Provides that if any heir of a decedent later objects to memorialization, the sole remedy is the removal of the involved marker at the expense of the involved veterans' organization unless the veterans' organization no longer exists or is without funds, in which case removal shall be at the expense of the heir. Prohibits any monetary damages or any other equitable relief or penalties against the cemetery authority, cemetery, or veterans' association.
Spectrum: Slight Partisan Bill (Democrat 26-9)
Status: (Engrossed) 2024-05-08 - Senate Floor Amendment No. 1 Referred to Assignments [HB4934 Detail]
Download: Illinois-2023-HB4934-Introduced.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Human Remains Protection Act is amended by | |||||||||||||||||||||||
5 | changing Sections 1, 3.5, and 13 as follows:
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6 | (20 ILCS 3440/1) (from Ch. 127, par. 2661) | |||||||||||||||||||||||
7 | Sec. 1. Definitions. For the purposes of this Act: | |||||||||||||||||||||||
8 | "Department" means the Department of Natural Resources. | |||||||||||||||||||||||
9 | "Disturb" or "disturbance" includes excavating, removing, | |||||||||||||||||||||||
10 | exposing, probing, defacing, mutilating, destroying, | |||||||||||||||||||||||
11 | molesting, or desecrating in any way human remains, | |||||||||||||||||||||||
12 | unregistered graves, grave artifacts, and grave markers. | |||||||||||||||||||||||
13 | "Encounter" means to come upon human remains, grave | |||||||||||||||||||||||
14 | artifacts, grave markers, or unregistered graves at a location | |||||||||||||||||||||||
15 | where such viewing was not expected or anticipated. | |||||||||||||||||||||||
16 | "Grave artifacts" means any item of human manufacture or | |||||||||||||||||||||||
17 | use that is associated with the human remains in an | |||||||||||||||||||||||
18 | unregistered grave. | |||||||||||||||||||||||
19 | "Grave markers" means any tomb, monument, stone, ornament, | |||||||||||||||||||||||
20 | mound, or other item of human manufacture that is associated | |||||||||||||||||||||||
21 | with an unregistered grave. | |||||||||||||||||||||||
22 | "Human remains" include the bones and decomposed fleshy | |||||||||||||||||||||||
23 | parts of a deceased human body. |
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1 | "Person" means any natural individual, firm, trust, | ||||||
2 | estate, partnership, association, joint stock company, joint | ||||||
3 | venture, limited-liability company, corporation or a receiver, | ||||||
4 | trustee, guardian or other representatives appointed by order | ||||||
5 | of any court, the Federal and State governments, including | ||||||
6 | State Universities created by statute or any city, town, | ||||||
7 | county or other political subdivision of this State. | ||||||
8 | "Tribal consultation" means a form of communication | ||||||
9 | centered in trust, respect and shared responsibility that | ||||||
10 | upholds Tribal sovereignty. It is a free and open process | ||||||
11 | where the exchange of information and opinions are shared | ||||||
12 | among the participating parties. | ||||||
13 | "Undertaking" means any project, activity, or construction | ||||||
14 | that can result in changes to, disturbance of, moving, or | ||||||
15 | destruction of human remains, grave artifacts, grave markers | ||||||
16 | or unregistered graves. | ||||||
17 | "Unregistered grave" means any grave or location where a | ||||||
18 | human body has been buried or deposited; is over 100 years old; | ||||||
19 | and is not in a cemetery registered with or licensed by the | ||||||
20 | State Comptroller under the Cemetery Care Act or under the | ||||||
21 | authority of the Illinois Department of Financial and | ||||||
22 | Professional Regulation pursuant to the Cemetery Oversight | ||||||
23 | Act, whichever is applicable. | ||||||
24 | "Veteran" means a person who has served as a member of the | ||||||
25 | armed forces of the United States, the Illinois National | ||||||
26 | Guard, or a reserve component of the armed forces of the United |
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1 | States and has been buried in a grave that is more than 100 | ||||||
2 | years old. | ||||||
3 | "Veterans' organization" means an organization comprised | ||||||
4 | of members of which substantially all are individuals who are | ||||||
5 | veterans or spouses, widows, or widowers of veterans, the | ||||||
6 | primary purpose of which is to promote the welfare of its | ||||||
7 | members and to provide assistance to the general public in | ||||||
8 | such a way as to confer a public benefit. | ||||||
9 | (Source: P.A. 103-446, eff. 8-4-23.)
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10 | (20 ILCS 3440/3.5) | ||||||
11 | Sec. 3.5. Encounter procedure. Except as otherwise | ||||||
12 | provided in subsection (e) of Section 13, when When an | ||||||
13 | undertaking encounters human remains, unregistered graves, | ||||||
14 | grave markers, or grave artifacts, all activities shall cease | ||||||
15 | within a 100-foot radius of the encounter. The encountering | ||||||
16 | party shall notify the coroner and the Department as required | ||||||
17 | in Section 3. If the coroner determines that the human remains | ||||||
18 | are not over 100 years old, no further action is required under | ||||||
19 | this Act. If the coroner does determine that the human remains | ||||||
20 | are over 100 years old, the Department shall review the | ||||||
21 | undertaking and may issue a permit pursuant to Section 13. | ||||||
22 | During its review, if it is determined by the Department that | ||||||
23 | the human remains, unregistered grave, grave marker, or grave | ||||||
24 | artifact are Native American in origin, the Department shall | ||||||
25 | conduct tribal consultation with the tribal nations that |
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1 | identify as having or having had a historical, cultural, or | ||||||
2 | geographic affiliation on the land where the undertaking will | ||||||
3 | occur. | ||||||
4 | (Source: P.A. 103-446, eff. 8-4-23.)
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5 | (20 ILCS 3440/13) (from Ch. 127, par. 2673) | ||||||
6 | Sec. 13. Notification. | ||||||
7 | (a) If an undertaking will occur on property that the | ||||||
8 | property owner has been notified in writing by the Department | ||||||
9 | that the land is likely to contain human remains, unregistered | ||||||
10 | graves, grave markers, or grave artifacts, a permit shall be | ||||||
11 | obtained by the landowner from the Department. | ||||||
12 | (b) If human remains, unregistered graves, grave markers, | ||||||
13 | or grave artifacts that were unknown and were encountered by | ||||||
14 | any person, a permit shall be obtained from the Department | ||||||
15 | before any work on the undertaking may continue. | ||||||
16 | (c) The Department of Natural Resources shall adopt | ||||||
17 | administrative rules whereby permits shall be issued for the | ||||||
18 | avoidance, disturbance, or removal of human remains, | ||||||
19 | unregistered graves, grave markers, or grave artifacts, or a | ||||||
20 | combination of those activities. The Department may adopt | ||||||
21 | emergency rules in accordance with Sections 5-45 and 5-45.47 | ||||||
22 | 5-45.35 of the Illinois Administrative Procedure Act. The | ||||||
23 | adoption of emergency rules authorized by Sections 5-45 and | ||||||
24 | 5-45.47 5-45.35 of the Illinois Administrative Procedure Act | ||||||
25 | and this paragraph is deemed to be necessary for the public |
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1 | interest, safety, and welfare. | ||||||
2 | (d) Each permit shall specify all terms and conditions | ||||||
3 | under which the avoidance, removal, or disturbance of human | ||||||
4 | remains, grave artifacts, grave markers, or unregistered | ||||||
5 | graves shall be carried out. All costs accrued in the removal | ||||||
6 | of the aforementioned materials shall be borne by the permit | ||||||
7 | applicant. Within 60 days of the completion of the | ||||||
8 | undertaking, the permit holder shall submit a report, on a | ||||||
9 | form provided by the Department, of the results to the | ||||||
10 | Department. | ||||||
11 | (e) If remains that are over 100 years old are identified | ||||||
12 | as a veteran's remains, the Department of Natural Resources | ||||||
13 | shall permit a veterans' organization to place a marker to | ||||||
14 | designate that grave, if not already designated, as the grave | ||||||
15 | of a veteran. If the grave is damaged or destroyed, the | ||||||
16 | veterans' organization may fix, add, install, or refurbish the | ||||||
17 | grave or replace a broken or damaged headstone. Before the | ||||||
18 | veterans' organization may repair, refurbish, place a marker, | ||||||
19 | or otherwise repair a broken headstone on the grave, the | ||||||
20 | veterans' organization must make a good faith effort to | ||||||
21 | contact the next of kin of the person whose grave has been | ||||||
22 | identified and receive no response from the next of kin within | ||||||
23 | a reasonable period of time as determined by the Department, | ||||||
24 | by rule. The Department shall, by rule, determine what | ||||||
25 | relationship to a person whose grave has been identified as a | ||||||
26 | veteran's grave must be contacted by the veterans' |
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