IL
Illinois House Bill HB3549

Illinois 2023-2024 Regular Session

Illinois House Bill HB3549 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3549 Introduced , by Rep. Jehan Gordon-Booth SYNOPSIS AS INTRODUCED: 20 ILCS 3405/2 from Ch. 127, par. 2702 20 ILCS 3405/4.520 ILCS 3405/4.7 new 20 ILCS 3405/6 from Ch. 127, par. 2706 20 ILCS 3405/8 20 ILCS 3405/16 from Ch. 127, par. 2716 20 ILCS 3405/21 new20 ILCS 3405/35 Amends the Historic Preservation Act. Creates the State Historic Preservation Board. Provides for appointment of members of the Board and the powers and duties of the Board. Provides that the Board may: (1) adopt rules in accordance with the Illinois Administrative Procedure Act, for the administration and execution of the powers granted under the Act after consultation with and written approval by the Department of Natural Resources; (2) list, delist, create specific list designations, create designation definitions, create property assessment criteria, or change the listing designation of State Historic Sites. Provides that such actions shall be undertaken by administrative rule; and (3) advise the Department on methods of assistance, protection, conservation, and management of State Historic Sites, which are all subject to Department approval and available appropriations to implement those recommendations. Provides that the listing, delisting, creation of specific list designations or designation definitions, or change of listing designation by the Board shall only be done with the written approval of the Director of Natural Resources. Deletes the statutory listing of specific State Historic Sites, State Memorials, and Miscellaneous Properties. Provides that State Historic Sites shall be designated by administrative rule. Provides that the Department shall submit an annual report, on or before June 30, to the General Assembly containing a full list of the State Historic Sites and the site designations, as recommended by the Board and which received the approval of the Department. Defines "State Historic Site" as a property that has been deemed by the Board and the Department to have a State, national, or international level of historic significance. Makes conforming changes. Effective immediately. LRB103 30364 RLC 56794 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3549 Introduced , by Rep. Jehan Gordon-Booth SYNOPSIS AS INTRODUCED: 20 ILCS 3405/2 from Ch. 127, par. 2702 20 ILCS 3405/4.520 ILCS 3405/4.7 new 20 ILCS 3405/6 from Ch. 127, par. 2706 20 ILCS 3405/8 20 ILCS 3405/16 from Ch. 127, par. 2716 20 ILCS 3405/21 new20 ILCS 3405/35 20 ILCS 3405/2 from Ch. 127, par. 2702 20 ILCS 3405/4.5 20 ILCS 3405/4.7 new 20 ILCS 3405/6 from Ch. 127, par. 2706 20 ILCS 3405/8 20 ILCS 3405/16 from Ch. 127, par. 2716 20 ILCS 3405/21 new 20 ILCS 3405/35 Amends the Historic Preservation Act. Creates the State Historic Preservation Board. Provides for appointment of members of the Board and the powers and duties of the Board. Provides that the Board may: (1) adopt rules in accordance with the Illinois Administrative Procedure Act, for the administration and execution of the powers granted under the Act after consultation with and written approval by the Department of Natural Resources; (2) list, delist, create specific list designations, create designation definitions, create property assessment criteria, or change the listing designation of State Historic Sites. Provides that such actions shall be undertaken by administrative rule; and (3) advise the Department on methods of assistance, protection, conservation, and management of State Historic Sites, which are all subject to Department approval and available appropriations to implement those recommendations. Provides that the listing, delisting, creation of specific list designations or designation definitions, or change of listing designation by the Board shall only be done with the written approval of the Director of Natural Resources. Deletes the statutory listing of specific State Historic Sites, State Memorials, and Miscellaneous Properties. Provides that State Historic Sites shall be designated by administrative rule. Provides that the Department shall submit an annual report, on or before June 30, to the General Assembly containing a full list of the State Historic Sites and the site designations, as recommended by the Board and which received the approval of the Department. Defines "State Historic Site" as a property that has been deemed by the Board and the Department to have a State, national, or international level of historic significance. Makes conforming changes. Effective immediately. LRB103 30364 RLC 56794 b LRB103 30364 RLC 56794 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3549 Introduced , by Rep. Jehan Gordon-Booth SYNOPSIS AS INTRODUCED:
33 20 ILCS 3405/2 from Ch. 127, par. 2702 20 ILCS 3405/4.520 ILCS 3405/4.7 new 20 ILCS 3405/6 from Ch. 127, par. 2706 20 ILCS 3405/8 20 ILCS 3405/16 from Ch. 127, par. 2716 20 ILCS 3405/21 new20 ILCS 3405/35 20 ILCS 3405/2 from Ch. 127, par. 2702 20 ILCS 3405/4.5 20 ILCS 3405/4.7 new 20 ILCS 3405/6 from Ch. 127, par. 2706 20 ILCS 3405/8 20 ILCS 3405/16 from Ch. 127, par. 2716 20 ILCS 3405/21 new 20 ILCS 3405/35
44 20 ILCS 3405/2 from Ch. 127, par. 2702
55 20 ILCS 3405/4.5
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77 20 ILCS 3405/6 from Ch. 127, par. 2706
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99 20 ILCS 3405/16 from Ch. 127, par. 2716
1010 20 ILCS 3405/21 new
1111 20 ILCS 3405/35
1212 Amends the Historic Preservation Act. Creates the State Historic Preservation Board. Provides for appointment of members of the Board and the powers and duties of the Board. Provides that the Board may: (1) adopt rules in accordance with the Illinois Administrative Procedure Act, for the administration and execution of the powers granted under the Act after consultation with and written approval by the Department of Natural Resources; (2) list, delist, create specific list designations, create designation definitions, create property assessment criteria, or change the listing designation of State Historic Sites. Provides that such actions shall be undertaken by administrative rule; and (3) advise the Department on methods of assistance, protection, conservation, and management of State Historic Sites, which are all subject to Department approval and available appropriations to implement those recommendations. Provides that the listing, delisting, creation of specific list designations or designation definitions, or change of listing designation by the Board shall only be done with the written approval of the Director of Natural Resources. Deletes the statutory listing of specific State Historic Sites, State Memorials, and Miscellaneous Properties. Provides that State Historic Sites shall be designated by administrative rule. Provides that the Department shall submit an annual report, on or before June 30, to the General Assembly containing a full list of the State Historic Sites and the site designations, as recommended by the Board and which received the approval of the Department. Defines "State Historic Site" as a property that has been deemed by the Board and the Department to have a State, national, or international level of historic significance. Makes conforming changes. Effective immediately.
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1818 1 AN ACT concerning State government.
1919 2 Be it enacted by the People of the State of Illinois,
2020 3 represented in the General Assembly:
2121 4 Section 5. The Historic Preservation Act is amended by
2222 5 changing Sections 2, 4.5, 6, 8, 16, and 35 and by adding
2323 6 Sections 4.7 and 21 as follows:
2424 7 (20 ILCS 3405/2) (from Ch. 127, par. 2702)
2525 8 Sec. 2. For the purposes of this Act:
2626 9 (a) (Blank);
2727 10 (b) "Board" means the State Historic Preservation Board
2828 11 (Blank);
2929 12 (b-5) "Department" means the Department of Natural
3030 13 Resources.
3131 14 (c) "Director" means the Director of Natural Resources;
3232 15 (d) (Blank);
3333 16 (e) (Blank);
3434 17 (f) (Blank); and
3535 18 (g) "Historic Sites and Preservation Division" means the
3636 19 Division of Historic Preservation within the Department of
3737 20 Natural Resources; and .
3838 21 (h) "State Historic Site" means a property that has been
3939 22 deemed by the Board and the Department to have a State,
4040 23 national, or international level of historic significance.
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4444 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3549 Introduced , by Rep. Jehan Gordon-Booth SYNOPSIS AS INTRODUCED:
4545 20 ILCS 3405/2 from Ch. 127, par. 2702 20 ILCS 3405/4.520 ILCS 3405/4.7 new 20 ILCS 3405/6 from Ch. 127, par. 2706 20 ILCS 3405/8 20 ILCS 3405/16 from Ch. 127, par. 2716 20 ILCS 3405/21 new20 ILCS 3405/35 20 ILCS 3405/2 from Ch. 127, par. 2702 20 ILCS 3405/4.5 20 ILCS 3405/4.7 new 20 ILCS 3405/6 from Ch. 127, par. 2706 20 ILCS 3405/8 20 ILCS 3405/16 from Ch. 127, par. 2716 20 ILCS 3405/21 new 20 ILCS 3405/35
4646 20 ILCS 3405/2 from Ch. 127, par. 2702
4747 20 ILCS 3405/4.5
4848 20 ILCS 3405/4.7 new
4949 20 ILCS 3405/6 from Ch. 127, par. 2706
5050 20 ILCS 3405/8
5151 20 ILCS 3405/16 from Ch. 127, par. 2716
5252 20 ILCS 3405/21 new
5353 20 ILCS 3405/35
5454 Amends the Historic Preservation Act. Creates the State Historic Preservation Board. Provides for appointment of members of the Board and the powers and duties of the Board. Provides that the Board may: (1) adopt rules in accordance with the Illinois Administrative Procedure Act, for the administration and execution of the powers granted under the Act after consultation with and written approval by the Department of Natural Resources; (2) list, delist, create specific list designations, create designation definitions, create property assessment criteria, or change the listing designation of State Historic Sites. Provides that such actions shall be undertaken by administrative rule; and (3) advise the Department on methods of assistance, protection, conservation, and management of State Historic Sites, which are all subject to Department approval and available appropriations to implement those recommendations. Provides that the listing, delisting, creation of specific list designations or designation definitions, or change of listing designation by the Board shall only be done with the written approval of the Director of Natural Resources. Deletes the statutory listing of specific State Historic Sites, State Memorials, and Miscellaneous Properties. Provides that State Historic Sites shall be designated by administrative rule. Provides that the Department shall submit an annual report, on or before June 30, to the General Assembly containing a full list of the State Historic Sites and the site designations, as recommended by the Board and which received the approval of the Department. Defines "State Historic Site" as a property that has been deemed by the Board and the Department to have a State, national, or international level of historic significance. Makes conforming changes. Effective immediately.
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6767 20 ILCS 3405/8
6868 20 ILCS 3405/16 from Ch. 127, par. 2716
6969 20 ILCS 3405/21 new
7070 20 ILCS 3405/35
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8989 1 (Source: P.A. 100-120, eff. 8-18-17; 100-695, eff. 8-3-18.)
9090 2 (20 ILCS 3405/4.5)
9191 3 Sec. 4.5. Division of Historic Preservation. On and after
9292 4 August 3, 2018 (the effective date of Public Act 100-695), the
9393 5 Division of Historic Preservation of the Department of Natural
9494 6 Resources Office of Land Management shall be created. The head
9595 7 of the Division shall be known as the Division Manager of
9696 8 Historic Preservation. The Department of Natural Resources may
9797 9 employ or retain other persons to assist in the discharge of
9898 10 its functions, subject to the Personnel Code and any other
9999 11 applicable Department policies.
100100 12 (Source: P.A. 101-81, eff. 7-12-19; 102-1005, eff. 5-27-22.)
101101 13 (20 ILCS 3405/4.7 new)
102102 14 Sec. 4.7. State Historic Preservation Board.
103103 15 (a) The State Historic Preservation Board is created,
104104 16 hereinafter referred to as the Board.
105105 17 (b) The Board shall consist of 9 members appointed by the
106106 18 Governor with the advice and consent of the Senate. The
107107 19 Director of the Department, or the Director's designee, shall
108108 20 serve as a non-voting member of the Board. Of those members
109109 21 appointed by the Governor and approved by the Senate:
110110 22 (1) three members shall be historians with relevant
111111 23 backgrounds and expertise representing institutions of
112112 24 higher education across the State;
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123123 1 (2) one member shall be a librarian;
124124 2 (3) one member shall be an archivist;
125125 3 (4) two members shall be representatives of a
126126 4 community-based organization working on historic
127127 5 preservation in Illinois;
128128 6 (5) one member shall be a representative with
129129 7 experience in the Americans with Disabilities Act of 1990;
130130 8 and
131131 9 (6) one member shall be a representative with
132132 10 experience working on federal historic designations.
133133 11 The chairperson of the Board shall be named from the
134134 12 voting members of the Board by the Governor. The terms of the
135135 13 membership of the Board shall be for 3 years. Board members
136136 14 shall serve until a replacement is named by the Governor and
137137 15 approved by the Senate. Members may be removed from the Board
138138 16 for just cause, including, but not limited to, incompetence,
139139 17 dereliction of duty, malfeasance, or misfeasance. Of those
140140 18 members appointed by the Governor and approved by the Senate,
141141 19 at least 60% of the members shall consist of individuals who
142142 20 represent historically excluded and marginalized people. The
143143 21 Governor's office, with the assistance of the Department of
144144 22 Natural Resources, shall be responsible for ensuring that 60%
145145 23 of the appointed members of the Board consist of people who
146146 24 represent historically excluded and marginalized communities.
147147 25 Knowledge in the following areas shall be prioritized in
148148 26 making an appointment under this item: the culture,
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159159 1 traditions, and history of American Indians and Native
160160 2 Americans; Black Americans; Latinos, Latinas, and Hispanic
161161 3 Americans; Asian Americans and Pacific Islanders; the LGBTQAI+
162162 4 community; immigrants and refugees; people with disabilities;
163163 5 veterans' organizations; women's history; the history of
164164 6 Illinois' agriculture, architecture, armed forces, arts,
165165 7 civics, cultural geography, ecology, education, faith-based
166166 8 communities, folklore, government, industry, labor, law,
167167 9 medicine, and transportation; anthropology; archeology;
168168 10 cultural exhibits and museums; heritage tourism; historic
169169 11 preservation; and social justice. The members of the Board
170170 12 shall serve without compensation but may be reimbursed for
171171 13 necessary expenses incurred in connection with the performance
172172 14 of their duties.
173173 15 (c) Board meetings shall be called at regular intervals
174174 16 set by the Board, on the request of the Department, or upon
175175 17 written notice signed by at least 5 members of the Board, but
176176 18 in no event less than once quarterly.
177177 19 (d) Quorum. A majority of the members of the Board
178178 20 constitute a quorum for the transaction of business at a
179179 21 meeting of the Board. A majority of the members present and
180180 22 serving is required for official action of the Board.
181181 23 (e) Public meeting. All business that the Board is
182182 24 authorized to perform shall be conducted at a public meeting
183183 25 of the Board, held in compliance with the Open Meetings Act.
184184 26 (f) Freedom of Information. A writing prepared, owned,
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195195 1 used, in the possession of, or retained by the Board in the
196196 2 performance of an official function is subject to the Freedom
197197 3 of Information Act.
198198 4 (g) Compensation. The members of the Board shall serve
199199 5 without compensation but shall be entitled to reimbursement
200200 6 for all necessary expenses incurred in the performance of
201201 7 their official duties as members of the Board from funds
202202 8 appropriated for that purpose. Reimbursement for travel,
203203 9 meals, and lodging shall be in accordance with the rules of the
204204 10 Governor's Travel Control Board.
205205 11 (h) The Board has the powers and duties enumerated in this
206206 12 subsection (h):
207207 13 (1) To adopt rules in accordance with the Illinois
208208 14 Administrative Procedure Act, for the administration and
209209 15 execution of the powers granted under this Act. All such
210210 16 rules that are authorized to be created under this Act
211211 17 shall be adopted after consultation with and written
212212 18 approval by the Department.
213213 19 (2) To list, delist, create specific list
214214 20 designations, create designation definitions, create
215215 21 property assessment criteria, or change the listing
216216 22 designation of State Historic Sites. Such actions shall be
217217 23 undertaken by administrative rule. The listing, delisting,
218218 24 creation of specific list designations or designation
219219 25 definitions, or change of listing designation by the Board
220220 26 shall only be done with the written approval of the
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231231 1 Director of Natural Resources. When listing, delisting, or
232232 2 making a change of listing designation, the Board shall
233233 3 consider, but is not limited to, the following:
234234 4 (A) the budgetary impact on the full historic
235235 5 sites portfolio when taking such action;
236236 6 (B) if the action includes the stories of
237237 7 historically excluded and marginalized people;
238238 8 (C) the geographic balance of the portfolio;
239239 9 (D) disability access;
240240 10 (E) and opportunities to coordinate with federal
241241 11 historic designations or federal funding
242242 12 opportunities; and
243243 13 (F) any other criteria that have been set out in
244244 14 administrative rule.
245245 15 (3) The Board shall also advise the Department on
246246 16 methods of assistance, protection, conservation, and
247247 17 management of State Historic Sites, which are all subject
248248 18 to Department approval and available appropriations to
249249 19 implement those recommendations.
250250 20 (20 ILCS 3405/6) (from Ch. 127, par. 2706)
251251 21 Sec. 6. Jurisdiction. The Department shall have
252252 22 jurisdiction over the following described areas which are
253253 23 hereby designated by administrative rule as State Historic
254254 24 Sites, State Memorials, and Miscellaneous Properties. Those
255255 25 These sites have been deemed by the Board and the Department to
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266266 1 have a continuing State, national, or international level of
267267 2 historic historical significance and the stewardship and
268268 3 caretaking responsibilities to protect and promote are hereby
269269 4 bestowed upon the Department. :
270270 5 State Historic Sites
271271 6 Albany Mounds State Historic Site, Whiteside County;
272272 7 Apple River Fort State Historic Site, Jo Daviess County;
273273 8 Bishop Hill State Historic Site, Henry County;
274274 9 Black Hawk State Historic Site, Rock Island County;
275275 10 Bryant Cottage State Historic Site, Piatt County;
276276 11 Cahokia Courthouse State Historic Site, St. Clair County;
277277 12 Cahokia Mounds State Historic Site, in Madison and St.
278278 13 Clair Counties (however, the Illinois State Museum
279279 14 shall act as curator of artifacts pursuant to the
280280 15 provisions of the Archaeological and Paleontological
281281 16 Resources Protection Act);
282282 17 Crenshaw House State Historic Site, Gallatin County;
283283 18 Dana-Thomas House State Historic Site, Sangamon County;
284284 19 David Davis Mansion State Historic Site, McLean County;
285285 20 Douglas Tomb State Historic Site, Cook County;
286286 21 Fort de Chartres State Historic Site, Randolph County;
287287 22 Fort Kaskaskia State Historic Site, Randolph County;
288288 23 Grand Village of the Illinois, LaSalle County;
289289 24 U. S. Grant Home State Historic Site, Jo Daviess County;
290290 25 Hotel Florence, Cook County;
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301301 1 Jarrot Mansion State Historic Site, St. Clair County;
302302 2 Jubilee College State Historic Site, Peoria County;
303303 3 Kincaid Mounds State Historic Site, Massac and Pope
304304 4 Counties;
305305 5 Lewis and Clark State Historic Site, Madison County;
306306 6 Lincoln-Herndon Law Offices State Historic Site, Sangamon
307307 7 County;
308308 8 Lincoln Log Cabin State Historic Site, Coles County;
309309 9 Lincoln's New Salem State Historic Site, Menard County;
310310 10 Lincoln Tomb State Historic Site, Sangamon County;
311311 11 Martin Boismenue House State Historic Site, St. Clair
312312 12 County;
313313 13 Pierre Menard Home State Historic Site, Randolph County;
314314 14 Metamora Courthouse State Historic Site, Woodford County;
315315 15 Moore Home State Historic Site, Coles County;
316316 16 Mount Pulaski Courthouse State Historic Site, Logan
317317 17 County;
318318 18 Old Market House State Historic Site, Jo Daviess County;
319319 19 Old State Capitol State Historic Site, Sangamon County;
320320 20 Postville Courthouse State Historic Site, Logan County;
321321 21 Pullman Factory, Cook County;
322322 22 Rose Hotel, Hardin County;
323323 23 Carl Sandburg State Historic Site, Knox County;
324324 24 Shawneetown Bank State Historic Site, Gallatin County;
325325 25 Vachel Lindsay Home, Sangamon County;
326326 26 Vandalia State House State Historic Site, Fayette County;
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337337 1 and
338338 2 Washburne House State Historic Site, Jo Daviess County.
339339 3 State Memorials
340340 4 Buel House, Pope County;
341341 5 Campbell's Island State Memorial, Rock Island County;
342342 6 Governor Bond State Memorial, Randolph County;
343343 7 Governor Coles State Memorial, Madison County;
344344 8 Governor Horner State Memorial, Cook County;
345345 9 Governor Small State Memorial, Kankakee County;
346346 10 Illinois Vietnam Veterans State Memorial, Sangamon County;
347347 11 Kaskaskia Bell State Memorial, Randolph County;
348348 12 Korean War Memorial, Sangamon County;
349349 13 Lincoln Monument State Memorial, Lee County;
350350 14 Lincoln Trail State Memorial, Lawrence County;
351351 15 Lovejoy State Memorial, Madison County;
352352 16 Norwegian Settlers State Memorial, LaSalle County;
353353 17 Wild Bill Hickok State Memorial, LaSalle County; and
354354 18 World War II Veterans Memorial, Sangamon County.
355355 19 Miscellaneous Properties
356356 20 Emerald Mound, St. Clair County;
357357 21 Halfway Tavern, Marion County; and
358358 22 Hofmann Tower, Cook County.
359359 23 (Source: P.A. 102-246, eff. 1-1-22; 102-1005, eff. 5-27-22.)
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370370 1 (20 ILCS 3405/8)
371371 2 Sec. 8. Business plans. The Department shall create an
372372 3 individual business plan for each historic site related to
373373 4 Abraham Lincoln that is listed in administrative rule Section
374374 5 6 of this Act. Each business plan must address ways to enhance
375375 6 tourism at the historic site and the historic aspect of each
376376 7 site. The Department may seek assistance from the Department
377377 8 of Commerce and Economic Opportunity when creating the
378378 9 business plans. The Department shall complete the business
379379 10 plans no later than January 1, 2008.
380380 11 (Source: P.A. 100-695, eff. 8-3-18.)
381381 12 (20 ILCS 3405/16) (from Ch. 127, par. 2716)
382382 13 Sec. 16. The Department shall have the following
383383 14 additional powers:
384384 15 (a) To hire agents and employees necessary to carry
385385 16 out the duties and purposes of this Act.
386386 17 (b) To take all measures necessary to erect, maintain,
387387 18 preserve, restore, and conserve all State Historic Sites
388388 19 and State Memorials, except when supervision and
389389 20 maintenance is otherwise provided by law. This
390390 21 authorization includes the power to enter into contracts,
391391 22 acquire and dispose of real and personal property, and
392392 23 enter into leases of real and personal property. The
393393 24 Department has the power to acquire, for purposes
394394 25 authorized by law, any real property in fee simple subject
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405405 1 to a life estate in the seller in not more than 3 acres of
406406 2 the real property acquired, subject to the restrictions
407407 3 that the life estate shall be used for residential
408408 4 purposes only and that it shall be non-transferable.
409409 5 (c) To provide recreational facilities, including
410410 6 campsites, lodges and cabins, trails, picnic areas, and
411411 7 related recreational facilities, at all sites under the
412412 8 jurisdiction of the Department.
413413 9 (d) To lay out, construct, and maintain all needful
414414 10 roads, parking areas, paths or trails, bridges, camp or
415415 11 lodge sites, picnic areas, lodges and cabins, and any
416416 12 other structures and improvements necessary and
417417 13 appropriate in any State historic site or easement
418418 14 thereto; and to provide water supplies, heat and light,
419419 15 and sanitary facilities for the public and living quarters
420420 16 for the custodians and keepers of State historic sites.
421421 17 (e) To grant licenses and rights-of-way within the
422422 18 areas controlled by the Department for the construction,
423423 19 operation, and maintenance upon, under or across the
424424 20 property, of facilities for water, sewage, telephone,
425425 21 telegraph, electric, gas, or other public service, subject
426426 22 to the terms and conditions as may be determined by the
427427 23 Department.
428428 24 (f) To authorize the officers, employees, and agents
429429 25 of the Department, for the purposes of investigation and
430430 26 to exercise the rights, powers, and duties vested and that
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441441 1 may be vested in it, to enter and cross all lands and
442442 2 waters in this State, doing no damage to private property.
443443 3 (g) To transfer jurisdiction of or exchange any realty
444444 4 under the control of the Department to any other
445445 5 Department of the State Government, or to any agency of
446446 6 the Federal Government, or to acquire or accept Federal
447447 7 lands, when any transfer, exchange, acquisition, or
448448 8 acceptance is advantageous to the State and is approved in
449449 9 writing by the Governor.
450450 10 (h) To erect, supervise, and maintain all public
451451 11 monuments and memorials erected by the State, except when
452452 12 the supervision and maintenance of public monuments and
453453 13 memorials is otherwise provided by law.
454454 14 (i) To accept, hold, maintain, and administer, as
455455 15 trustee, property given in trust for educational or
456456 16 historic purposes for the benefit of the People of the
457457 17 State of Illinois and to dispose of any property under the
458458 18 terms of the instrument creating the trust.
459459 19 (j) To lease concessions on any property under the
460460 20 jurisdiction of the Department for a period not exceeding
461461 21 25 years and to lease a concession complex at Lincoln's
462462 22 New Salem State Historic Site for which a cash incentive
463463 23 has been authorized under Section 5.1 of this Act for a
464464 24 period not to exceed 40 years. All leases, for whatever
465465 25 period, shall be made subject to the written approval of
466466 26 the Governor. All concession leases extending for a period
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477477 1 in excess of 10 years, will contain provisions for the
478478 2 Department to participate, on a percentage basis, in the
479479 3 revenues generated by any concession operation.
480480 4 The Department is authorized to allow for provisions
481481 5 for a reserve account and a leasehold account within
482482 6 Department concession lease agreements for the purpose of
483483 7 setting aside revenues for the maintenance,
484484 8 rehabilitation, repair, improvement, and replacement of
485485 9 the concession facility, structure, and equipment of the
486486 10 Department that are part of the leased premises.
487487 11 The lessee shall be required to pay into the reserve
488488 12 account a percentage of gross receipts, as set forth in
489489 13 the lease, to be set aside and expended in a manner
490490 14 acceptable to the Department by the concession lessee for
491491 15 the purpose of ensuring that an appropriate amount of the
492492 16 lessee's moneys are provided by the lessee to satisfy the
493493 17 lessee's incurred responsibilities for the operation of
494494 18 the concession facility under the terms and conditions of
495495 19 the concession lease.
496496 20 The lessee account shall allow for the amortization of
497497 21 certain authorized expenses that are incurred by the
498498 22 concession lessee but that are not an obligation of the
499499 23 lessee under the terms and conditions of the lease
500500 24 agreement. The Department may allow a reduction of up to
501501 25 50% of the monthly rent due for the purpose of enabling the
502502 26 recoupment of the lessee's authorized expenditures during
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513513 1 the term of the lease.
514514 2 (k) To sell surplus agricultural products grown on
515515 3 land owned by or under the jurisdiction of the Department,
516516 4 when the products cannot be used by the Department.
517517 5 (l) To enforce the laws of the State and the rules and
518518 6 regulations of the Department in or on any lands owned,
519519 7 leased, or managed by the Department.
520520 8 (m) To cooperate with private organizations and
521521 9 agencies of the State of Illinois by providing areas and
522522 10 the use of staff personnel where feasible for the sale of
523523 11 publications on the historic and cultural heritage of the
524524 12 State and craft items made by Illinois craftsmen. These
525525 13 sales shall not conflict with existing concession
526526 14 agreements. The Department is authorized to negotiate with
527527 15 the organizations and agencies for a portion of the monies
528528 16 received from sales to be returned to the Department's
529529 17 Historic Sites Fund for the furtherance of interpretive
530530 18 and restoration programs.
531531 19 (n) To establish local bank or savings and loan
532532 20 association accounts, upon the written authorization of
533533 21 the Director, to temporarily hold income received at any
534534 22 of its properties. The local accounts established under
535535 23 this Section shall be in the name of the Department and
536536 24 shall be subject to regular audits. The balance in a local
537537 25 bank or savings and loan association account shall be
538538 26 forwarded to the Department for deposit with the State
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549549 1 Treasurer on Monday of each week if the amount to be
550550 2 deposited in a fund exceeds $500.
551551 3 No bank or savings and loan association shall receive
552552 4 public funds as permitted by this Section, unless it has
553553 5 complied with the requirements established under Section 6
554554 6 of the Public Funds Investment Act.
555555 7 (o) To accept offers of gifts, gratuities, or grants
556556 8 from the federal government, its agencies, or offices, or
557557 9 from any person, firm, or corporation.
558558 10 (p) To make reasonable rules and regulations as may be
559559 11 necessary to discharge the duties of the Department.
560560 12 (q) With appropriate cultural organizations, to
561561 13 further and advance the goals of the Department.
562562 14 (r) To make grants for the purposes of planning,
563563 15 survey, rehabilitation, restoration, reconstruction,
564564 16 landscaping, and acquisition of Illinois properties (i)
565565 17 designated individually in the National Register of
566566 18 Historic Places, (ii) designated as a landmark under a
567567 19 county or municipal landmark ordinance, or (iii) located
568568 20 within a National Register of Historic Places historic
569569 21 district or a locally designated historic district when
570570 22 the Director determines that the property is of historic
571571 23 significance whenever an appropriation is made therefor by
572572 24 the General Assembly or whenever gifts or grants are
573573 25 received for that purpose and to promulgate regulations as
574574 26 may be necessary or desirable to carry out the purposes of
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585585 1 the grants.
586586 2 Grantees may, as prescribed by rule, be required to
587587 3 provide matching funds for each grant. Grants made under
588588 4 this subsection shall be known as Illinois Heritage
589589 5 Grants.
590590 6 Every owner of a historic property, or the owner's
591591 7 agent, is eligible to apply for a grant under this
592592 8 subsection.
593593 9 (s) To establish and implement a pilot program for
594594 10 charging admission to State historic sites. Fees may be
595595 11 charged for special events, admissions, and parking or any
596596 12 combination; fees may be charged at all sites or selected
597597 13 sites. All fees shall be deposited into the Illinois
598598 14 Historic Sites Fund. The Department shall have the
599599 15 discretion to set and adjust reasonable fees at the
600600 16 various sites, taking into consideration various factors,
601601 17 including, but not limited to: cost of services furnished
602602 18 to each visitor, impact of fees on attendance and tourism,
603603 19 and the costs expended collecting the fees. The Department
604604 20 shall keep careful records of the income and expenses
605605 21 resulting from the imposition of fees, shall keep records
606606 22 as to the attendance at each historic site, and shall
607607 23 report to the Governor and General Assembly by January 31
608608 24 after the close of each year. The report shall include
609609 25 information on costs, expenses, attendance, comments by
610610 26 visitors, and any other information the Department may
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621621 1 believe pertinent, including:
622622 2 (1) Recommendations as to whether fees should be
623623 3 continued at each State historic site.
624624 4 (2) How the fees should be structured and imposed.
625625 5 (3) Estimates of revenues and expenses associated
626626 6 with each site.
627627 7 (t) To provide for overnight tent and trailer
628628 8 campsites and to provide suitable housing facilities for
629629 9 student and juvenile overnight camping groups. The
630630 10 Department shall charge rates similar to those charged by
631631 11 the Department for the same or similar facilities and
632632 12 services.
633633 13 (u) To engage in marketing activities designed to
634634 14 promote the sites and programs administered by the
635635 15 Department. In undertaking these activities, the
636636 16 Department may take all necessary steps with respect to
637637 17 products and services, including, but not limited to,
638638 18 retail sales, wholesale sales, direct marketing, mail
639639 19 order sales, telephone sales, advertising and promotion,
640640 20 purchase of product and materials inventory, design,
641641 21 printing and manufacturing of new products, reproductions,
642642 22 and adaptations, copyright and trademark licensing and
643643 23 royalty agreements, and payment of applicable taxes. In
644644 24 addition, the Department shall have the authority to sell
645645 25 advertising in its publications and printed materials. All
646646 26 income from marketing activities shall be deposited into
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657657 1 the Illinois Historic Sites Fund.
658658 2 (v) To cooperate with the Board in matters relating to
659659 3 the purpose of this Act, and, at the Department's
660660 4 discretion, to provide the Board, upon its request,
661661 5 services, supplies, funds, facilities and other
662662 6 assistance.
663663 7 (w) To review and approve in writing rules adopted by
664664 8 the Board.
665665 9 (Source: P.A. 102-1005, eff. 5-27-22.)
666666 10 (20 ILCS 3405/21 new)
667667 11 Sec. 21. Annual report. The Department shall submit an
668668 12 annual report, on or before June 30, to the General Assembly
669669 13 containing a full list of the State Historic Sites and the
670670 14 sites designations, as recommended by the Board and which
671671 15 received the approval of the Department.
672672 16 (20 ILCS 3405/35)
673673 17 Sec. 35. Products manufactured in the United States. State
674674 18 Historic Sites, State Memorials, and other properties that are
675675 19 under the jurisdiction of the Department under Section 6 of
676676 20 this Act shall set aside a booth or section for the sale of
677677 21 products manufactured in the United States. As used in this
678678 22 Section, "products manufactured in the United States" means
679679 23 assembled articles, materials, or supplies for which design,
680680 24 final assembly, processing, packaging, testing, or other
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691691 1 process that adds value, quality, or reliability occurred in
692692 2 the United States.
693693 3 (Source: P.A. 100-695, eff. 8-3-18.)
694694 4 Section 99. Effective date. This Act takes effect upon
695695 5 becoming law.
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