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1 | - | Public Act 103-0768 | |
2 | 1 | SB2976 EnrolledLRB103 38289 JAG 68424 b SB2976 Enrolled LRB103 38289 JAG 68424 b | |
3 | 2 | SB2976 Enrolled LRB103 38289 JAG 68424 b | |
4 | - | AN ACT concerning State government. | |
5 | - | Be it enacted by the People of the State of Illinois, | |
6 | - | represented in the General Assembly: | |
7 | - | Section 5. The Historic Preservation Act is amended by | |
8 | - | changing Sections 2, 4.5, 6, 8, 16, and 35 and by adding | |
9 | - | Sections 4.7 and 21 as follows: | |
10 | - | (20 ILCS 3405/2) (from Ch. 127, par. 2702) | |
11 | - | Sec. 2. For the purposes of this Act: | |
12 | - | (a) (Blank); | |
13 | - | (b) "Board" means the State Historic Preservation Board | |
14 | - | (Blank); | |
15 | - | (b-5) "Department" means the Department of Natural | |
16 | - | Resources. | |
17 | - | (c) "Director" means the Director of Natural Resources; | |
18 | - | (d) (Blank); | |
19 | - | (e) (Blank); | |
20 | - | (f) (Blank); and | |
21 | - | (g) "Historic Sites and Preservation Division" means the | |
22 | - | Division of Historic Preservation within the Department of | |
23 | - | Natural Resources; and . | |
24 | - | (h) "State Historic Site" means a property that has been | |
25 | - | deemed by the Board and the Department to have a State, | |
26 | - | national, or international level of historic significance. | |
3 | + | 1 AN ACT concerning State government. | |
4 | + | 2 Be it enacted by the People of the State of Illinois, | |
5 | + | 3 represented in the General Assembly: | |
6 | + | 4 Section 5. The Historic Preservation Act is amended by | |
7 | + | 5 changing Sections 2, 4.5, 6, 8, 16, and 35 and by adding | |
8 | + | 6 Sections 4.7 and 21 as follows: | |
9 | + | 7 (20 ILCS 3405/2) (from Ch. 127, par. 2702) | |
10 | + | 8 Sec. 2. For the purposes of this Act: | |
11 | + | 9 (a) (Blank); | |
12 | + | 10 (b) "Board" means the State Historic Preservation Board | |
13 | + | 11 (Blank); | |
14 | + | 12 (b-5) "Department" means the Department of Natural | |
15 | + | 13 Resources. | |
16 | + | 14 (c) "Director" means the Director of Natural Resources; | |
17 | + | 15 (d) (Blank); | |
18 | + | 16 (e) (Blank); | |
19 | + | 17 (f) (Blank); and | |
20 | + | 18 (g) "Historic Sites and Preservation Division" means the | |
21 | + | 19 Division of Historic Preservation within the Department of | |
22 | + | 20 Natural Resources; and . | |
23 | + | 21 (h) "State Historic Site" means a property that has been | |
24 | + | 22 deemed by the Board and the Department to have a State, | |
25 | + | 23 national, or international level of historic significance. | |
27 | 26 | ||
28 | 27 | ||
29 | 28 | ||
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31 | 30 | ||
32 | 31 | ||
33 | - | (Source: P.A. 100-120, eff. 8-18-17; 100-695, eff. 8-3-18.) | |
34 | - | (20 ILCS 3405/4.5) | |
35 | - | Sec. 4.5. Division of Historic Preservation. On and after | |
36 | - | August 3, 2018 (the effective date of Public Act 100-695), the | |
37 | - | Division of Historic Preservation of the Department of Natural | |
38 | - | Resources Office of Land Management shall be created. The head | |
39 | - | of the Division shall be known as the Division Manager of | |
40 | - | Historic Preservation. The Department of Natural Resources may | |
41 | - | employ or retain other persons to assist in the discharge of | |
42 | - | its functions, subject to the Personnel Code and any other | |
43 | - | applicable Department policies. | |
44 | - | (Source: P.A. 101-81, eff. 7-12-19; 102-1005, eff. 5-27-22.) | |
45 | - | (20 ILCS 3405/4.7 new) | |
46 | - | Sec. 4.7. State Historic Preservation Board. | |
47 | - | (a) The State Historic Preservation Board is hereby | |
48 | - | created within the Department. | |
49 | - | (b) The Board shall consist of 9 voting members appointed | |
50 | - | by the Governor and the Director of the Department, or the | |
51 | - | Director's designee, who shall serve as an ex-officio | |
52 | - | nonvoting member of the Board. Of the members appointed by the | |
53 | - | Governor: | |
54 | - | (1) 2 members shall have a relevant background in | |
55 | - | public history or a background in teaching or researching | |
56 | - | either the history of Illinois or the history of | |
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34 | + | 1 (Source: P.A. 100-120, eff. 8-18-17; 100-695, eff. 8-3-18.) | |
35 | + | 2 (20 ILCS 3405/4.5) | |
36 | + | 3 Sec. 4.5. Division of Historic Preservation. On and after | |
37 | + | 4 August 3, 2018 (the effective date of Public Act 100-695), the | |
38 | + | 5 Division of Historic Preservation of the Department of Natural | |
39 | + | 6 Resources Office of Land Management shall be created. The head | |
40 | + | 7 of the Division shall be known as the Division Manager of | |
41 | + | 8 Historic Preservation. The Department of Natural Resources may | |
42 | + | 9 employ or retain other persons to assist in the discharge of | |
43 | + | 10 its functions, subject to the Personnel Code and any other | |
44 | + | 11 applicable Department policies. | |
45 | + | 12 (Source: P.A. 101-81, eff. 7-12-19; 102-1005, eff. 5-27-22.) | |
46 | + | 13 (20 ILCS 3405/4.7 new) | |
47 | + | 14 Sec. 4.7. State Historic Preservation Board. | |
48 | + | 15 (a) The State Historic Preservation Board is hereby | |
49 | + | 16 created within the Department. | |
50 | + | 17 (b) The Board shall consist of 9 voting members appointed | |
51 | + | 18 by the Governor and the Director of the Department, or the | |
52 | + | 19 Director's designee, who shall serve as an ex-officio | |
53 | + | 20 nonvoting member of the Board. Of the members appointed by the | |
54 | + | 21 Governor: | |
55 | + | 22 (1) 2 members shall have a relevant background in | |
56 | + | 23 public history or a background in teaching or researching | |
57 | + | 24 either the history of Illinois or the history of | |
57 | 58 | ||
58 | 59 | ||
59 | - | historically marginalized communities; | |
60 | - | (2) one member shall have experience in library | |
61 | - | studies or archival work in Illinois; | |
62 | - | (3) 3 members shall be representatives of a | |
63 | - | community-based organization working on historic | |
64 | - | preservation in Illinois; | |
65 | - | (4) one member shall have experience with the federal | |
66 | - | Americans with Disabilities Act of 1990; | |
67 | - | (5) one member shall have experience working on | |
68 | - | federal historic designations; and | |
69 | - | (6) one member shall be a museum professional. | |
70 | - | The chairperson of the Board shall be named by the | |
71 | - | Governor from among the voting members of the Board. Each | |
72 | - | member of the Board shall serve a 3-year term and until a | |
73 | - | successor is appointed by the Governor. The Governor may | |
74 | - | remove a Board member for incompetence, dereliction of duty, | |
75 | - | or malfeasance. Of those members appointed by the Governor, at | |
76 | - | least 5 of the members shall represent historically excluded | |
77 | - | and marginalized people. The Governor's Office, with the | |
78 | - | assistance of the Department, shall be responsible for | |
79 | - | ensuring that 5 of the appointed members of the Board consist | |
80 | - | of people who represent historically excluded and marginalized | |
81 | - | people. Knowledge in the following areas shall be prioritized | |
82 | - | in making appointments to the Board: the culture, traditions, | |
83 | - | and history of American Indians and Native Americans, Black | |
84 | - | Americans, Latinos, Latinas, and Hispanic Americans, Asian | |
85 | 60 | ||
86 | 61 | ||
87 | - | Americans and Pacific Islanders, the LGBTQIA+ community, | |
88 | - | immigrants and refugees, people with disabilities, and | |
89 | - | veterans' organizations; women's history; the history of | |
90 | - | Illinois' agriculture, architecture, armed forces, arts, | |
91 | - | civics, cultural geography, ecology, education, faith-based | |
92 | - | communities, folklore, government, industry, labor, law, | |
93 | - | medicine, and transportation; anthropology; archaeology; | |
94 | - | cultural exhibits and museums; heritage tourism; historic | |
95 | - | preservation; and social justice. | |
96 | - | (c) Board meetings shall be called at regular intervals | |
97 | - | set by the Board, on the request of the Department, or upon | |
98 | - | written notice signed by at least 5 members of the Board, but | |
99 | - | in no event less than once quarterly. | |
100 | - | (d) A majority of the members of the Board constitutes a | |
101 | - | quorum for the transaction of business at a meeting of the | |
102 | - | Board. If a quorum is met, a majority of the members present | |
103 | - | and serving is required for official action of the Board. | |
104 | - | (e) All business that the Board is authorized to perform | |
105 | - | shall be conducted at a public meeting of the Board, held in | |
106 | - | compliance with the Open Meetings Act. | |
107 | - | (f) Public records of the Board are subject to disclosure | |
108 | - | under the Freedom of Information Act. | |
109 | - | (g) The members of the Board shall serve without | |
110 | - | compensation but shall be entitled to reimbursement for all | |
111 | - | necessary expenses incurred in the performance of their | |
112 | - | official duties as members of the Board from funds | |
62 | + | ||
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113 | 64 | ||
114 | 65 | ||
115 | - | appropriated for that purpose. Reimbursement for travel, | |
116 | - | meals, and lodging shall be in accordance with the rules of the | |
117 | - | Governor's Travel Control Board. | |
118 | - | (h) The Board has the following powers and duties: | |
119 | - | (1) The Board shall adopt rules in accordance with the | |
120 | - | Illinois Administrative Procedure Act, for the | |
121 | - | administration and execution of the powers granted under | |
122 | - | this Act. All rules that are authorized to be adopted | |
123 | - | under this Act shall be adopted after consultation with | |
124 | - | and written approval by the Department. | |
125 | - | (2) The Board shall list, delist, create specific list | |
126 | - | designations, create designation definitions, create | |
127 | - | property assessment criteria, or change the listing | |
128 | - | designation of State Historic Sites. Such actions shall be | |
129 | - | undertaken by administrative rule. The listing, delisting, | |
130 | - | creation of specific list designations or designation | |
131 | - | definitions, or change of listing designation by the Board | |
132 | - | shall only be done with the written approval of the | |
133 | - | Director of Natural Resources. When listing, delisting, or | |
134 | - | making a change of listing designation, the Board shall | |
135 | - | consider, but is not limited to, the following: | |
136 | - | (A) the budgetary impact on the full historic | |
137 | - | sites portfolio when taking such action; | |
138 | - | (B) if the action includes the stories of | |
139 | - | historically excluded and marginalized people; | |
140 | - | (C) the geographic balance of the portfolio; | |
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68 | + | 1 historically marginalized communities; | |
69 | + | 2 (2) one member shall have experience in library | |
70 | + | 3 studies or archival work in Illinois; | |
71 | + | 4 (3) 3 members shall be representatives of a | |
72 | + | 5 community-based organization working on historic | |
73 | + | 6 preservation in Illinois; | |
74 | + | 7 (4) one member shall have experience with the federal | |
75 | + | 8 Americans with Disabilities Act of 1990; | |
76 | + | 9 (5) one member shall have experience working on | |
77 | + | 10 federal historic designations; and | |
78 | + | 11 (6) one member shall be a museum professional. | |
79 | + | 12 The chairperson of the Board shall be named by the | |
80 | + | 13 Governor from among the voting members of the Board. Each | |
81 | + | 14 member of the Board shall serve a 3-year term and until a | |
82 | + | 15 successor is appointed by the Governor. The Governor may | |
83 | + | 16 remove a Board member for incompetence, dereliction of duty, | |
84 | + | 17 or malfeasance. Of those members appointed by the Governor, at | |
85 | + | 18 least 5 of the members shall represent historically excluded | |
86 | + | 19 and marginalized people. The Governor's Office, with the | |
87 | + | 20 assistance of the Department, shall be responsible for | |
88 | + | 21 ensuring that 5 of the appointed members of the Board consist | |
89 | + | 22 of people who represent historically excluded and marginalized | |
90 | + | 23 people. Knowledge in the following areas shall be prioritized | |
91 | + | 24 in making appointments to the Board: the culture, traditions, | |
92 | + | 25 and history of American Indians and Native Americans, Black | |
93 | + | 26 Americans, Latinos, Latinas, and Hispanic Americans, Asian | |
141 | 94 | ||
142 | 95 | ||
143 | - | (D) disability access; | |
144 | - | (E) opportunities to coordinate with federal | |
145 | - | historic designations or federal funding | |
146 | - | opportunities; and | |
147 | - | (F) any other criteria that have been set out in | |
148 | - | administrative rule. | |
149 | - | (3) The Board shall advise the Department on methods | |
150 | - | of assistance, protection, conservation, and management of | |
151 | - | State Historic Sites, which are all subject to Department | |
152 | - | approval and available appropriations to implement those | |
153 | - | recommendations. | |
154 | - | (i) The Department shall provide administrative support to | |
155 | - | the Board. | |
156 | - | (20 ILCS 3405/6) (from Ch. 127, par. 2706) | |
157 | - | Sec. 6. Jurisdiction. The Department shall have | |
158 | - | jurisdiction over the following described areas which are | |
159 | - | hereby designated by administrative rule as State Historic | |
160 | - | Sites, State Memorials, and Miscellaneous Properties. Those | |
161 | - | These sites have been deemed by the Board and the Department to | |
162 | - | have a continuing State, national, or international level of | |
163 | - | historic historical significance and the stewardship and | |
164 | - | caretaking responsibilities to protect and promote are hereby | |
165 | - | bestowed upon the Department. The Board is authorized to | |
166 | - | modify, remove, or add to the list of State Historic Sites that | |
167 | - | are listed in administrative rule in compliance with this Act. | |
168 | 96 | ||
169 | 97 | ||
170 | - | The following sites shall comprise the initial list of State | |
171 | - | Historic Sites that the Board shall initially list in | |
172 | - | administrative rule, but shall be subject to modification, | |
173 | - | removal, or additions by the Board and the Department pursuant | |
174 | - | to this Act: | |
175 | - | State Historic Sites | |
176 | - | Albany Mounds State Historic Site, Whiteside County; | |
177 | - | Apple River Fort State Historic Site, Jo Daviess County; | |
178 | - | Bishop Hill State Historic Site, Henry County; | |
179 | - | Black Hawk State Historic Site, Rock Island County; | |
180 | - | Bryant Cottage State Historic Site, Piatt County; | |
181 | - | Cahokia Courthouse State Historic Site, St. Clair County; | |
182 | - | Cahokia Mounds State Historic Site, in Madison and St. | |
183 | - | Clair Counties (however, the Illinois State Museum | |
184 | - | shall act as curator of artifacts pursuant to the | |
185 | - | provisions of the Archaeological and Paleontological | |
186 | - | Resources Protection Act); | |
187 | - | Crenshaw House State Historic Site, Gallatin County; | |
188 | - | Dana-Thomas House State Historic Site, Sangamon County; | |
189 | - | David Davis Mansion State Historic Site, McLean County; | |
190 | - | Douglas Tomb State Historic Site, Cook County; | |
191 | - | Fort de Chartres State Historic Site, Randolph County; | |
192 | - | Fort Kaskaskia State Historic Site, Randolph County; | |
193 | - | Grand Village of the Illinois, LaSalle County; | |
194 | - | U. S. Grant Home State Historic Site, Jo Daviess County; | |
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195 | 100 | ||
196 | 101 | ||
197 | - | Hotel Florence, Cook County; | |
198 | - | Jarrot Mansion State Historic Site, St. Clair County; | |
199 | - | Jubilee College State Historic Site, Peoria County; | |
200 | - | Kincaid Mounds State Historic Site, Massac and Pope | |
201 | - | Counties; | |
202 | - | Lewis and Clark State Historic Site, Madison County; | |
203 | - | Lincoln-Herndon Law Offices State Historic Site, Sangamon | |
204 | - | County; | |
205 | - | Lincoln Log Cabin State Historic Site, Coles County; | |
206 | - | Lincoln's New Salem State Historic Site, Menard County; | |
207 | - | Lincoln Tomb State Historic Site, Sangamon County; | |
208 | - | Martin Boismenue House State Historic Site, St. Clair | |
209 | - | County; | |
210 | - | Pierre Menard Home State Historic Site, Randolph County; | |
211 | - | Metamora Courthouse State Historic Site, Woodford County; | |
212 | - | Moore Home State Historic Site, Coles County; | |
213 | - | Mount Pulaski Courthouse State Historic Site, Logan | |
214 | - | County; | |
215 | - | Old Market House State Historic Site, Jo Daviess County; | |
216 | - | Old State Capitol State Historic Site, Sangamon County; | |
217 | - | Postville Courthouse State Historic Site, Logan County; | |
218 | - | Pullman Factory, Cook County; | |
219 | - | Rose Hotel, Hardin County; | |
220 | - | Carl Sandburg State Historic Site, Knox County; | |
221 | - | Shawneetown Bank State Historic Site, Gallatin County; | |
222 | - | Vachel Lindsay Home, Sangamon County; | |
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104 | + | 1 Americans and Pacific Islanders, the LGBTQIA+ community, | |
105 | + | 2 immigrants and refugees, people with disabilities, and | |
106 | + | 3 veterans' organizations; women's history; the history of | |
107 | + | 4 Illinois' agriculture, architecture, armed forces, arts, | |
108 | + | 5 civics, cultural geography, ecology, education, faith-based | |
109 | + | 6 communities, folklore, government, industry, labor, law, | |
110 | + | 7 medicine, and transportation; anthropology; archaeology; | |
111 | + | 8 cultural exhibits and museums; heritage tourism; historic | |
112 | + | 9 preservation; and social justice. | |
113 | + | 10 (c) Board meetings shall be called at regular intervals | |
114 | + | 11 set by the Board, on the request of the Department, or upon | |
115 | + | 12 written notice signed by at least 5 members of the Board, but | |
116 | + | 13 in no event less than once quarterly. | |
117 | + | 14 (d) A majority of the members of the Board constitutes a | |
118 | + | 15 quorum for the transaction of business at a meeting of the | |
119 | + | 16 Board. If a quorum is met, a majority of the members present | |
120 | + | 17 and serving is required for official action of the Board. | |
121 | + | 18 (e) All business that the Board is authorized to perform | |
122 | + | 19 shall be conducted at a public meeting of the Board, held in | |
123 | + | 20 compliance with the Open Meetings Act. | |
124 | + | 21 (f) Public records of the Board are subject to disclosure | |
125 | + | 22 under the Freedom of Information Act. | |
126 | + | 23 (g) The members of the Board shall serve without | |
127 | + | 24 compensation but shall be entitled to reimbursement for all | |
128 | + | 25 necessary expenses incurred in the performance of their | |
129 | + | 26 official duties as members of the Board from funds | |
223 | 130 | ||
224 | 131 | ||
225 | - | Vandalia State House State Historic Site, Fayette County; | |
226 | - | and | |
227 | - | Washburne House State Historic Site, Jo Daviess County. | |
228 | - | State Memorials | |
229 | - | Buel House, Pope County; | |
230 | - | Campbell's Island State Memorial, Rock Island County; | |
231 | - | Governor Bond State Memorial, Randolph County; | |
232 | - | Governor Coles State Memorial, Madison County; | |
233 | - | Governor Horner State Memorial, Cook County; | |
234 | - | Governor Small State Memorial, Kankakee County; | |
235 | - | Illinois Vietnam Veterans State Memorial, Sangamon County; | |
236 | - | Kaskaskia Bell State Memorial, Randolph County; | |
237 | - | Korean War Memorial, Sangamon County; | |
238 | - | Lincoln Monument State Memorial, Lee County; | |
239 | - | Lincoln Trail State Memorial, Lawrence County; | |
240 | - | Lovejoy State Memorial, Madison County; | |
241 | - | Norwegian Settlers State Memorial, LaSalle County; | |
242 | - | Wild Bill Hickok State Memorial, LaSalle County; and | |
243 | - | World War II Veterans Memorial, Sangamon County. | |
244 | - | Miscellaneous Properties | |
245 | - | Emerald Mound, St. Clair County; | |
246 | - | Halfway Tavern, Marion County; and | |
247 | - | Hofmann Tower, Cook County. | |
248 | - | (Source: P.A. 102-246, eff. 1-1-22; 102-1005, eff. 5-27-22.) | |
249 | 132 | ||
250 | 133 | ||
251 | - | (20 ILCS 3405/8) | |
252 | - | Sec. 8. Business plans. The Department shall create an | |
253 | - | individual business plan for each historic site related to | |
254 | - | Abraham Lincoln that is listed in the relevant administrative | |
255 | - | rule Section 6 of this Act. Each business plan must address | |
256 | - | ways to enhance tourism at the historic site and the historic | |
257 | - | aspect of each site. The Department may seek assistance from | |
258 | - | the Department of Commerce and Economic Opportunity when | |
259 | - | creating the business plans. The Department shall complete the | |
260 | - | business plans no later than January 1, 2008. | |
261 | - | (Source: P.A. 100-695, eff. 8-3-18.) | |
262 | - | (20 ILCS 3405/16) (from Ch. 127, par. 2716) | |
263 | - | Sec. 16. The Department shall have the following | |
264 | - | additional powers: | |
265 | - | (a) To hire agents and employees necessary to carry | |
266 | - | out the duties and purposes of this Act. | |
267 | - | (b) To take all measures necessary to erect, maintain, | |
268 | - | preserve, restore, and conserve all State Historic Sites | |
269 | - | and State Memorials, except when supervision and | |
270 | - | maintenance is otherwise provided by law. This | |
271 | - | authorization includes the power to enter into contracts, | |
272 | - | acquire and dispose of real and personal property, and | |
273 | - | enter into leases of real and personal property. The | |
274 | - | Department has the power to acquire, for purposes | |
134 | + | ||
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275 | 136 | ||
276 | 137 | ||
277 | - | authorized by law, any real property in fee simple subject | |
278 | - | to a life estate in the seller in not more than 3 acres of | |
279 | - | the real property acquired, subject to the restrictions | |
280 | - | that the life estate shall be used for residential | |
281 | - | purposes only and that it shall be non-transferable. | |
282 | - | (c) To provide recreational facilities, including | |
283 | - | campsites, lodges and cabins, trails, picnic areas, and | |
284 | - | related recreational facilities, at all sites under the | |
285 | - | jurisdiction of the Department. | |
286 | - | (d) To lay out, construct, and maintain all needful | |
287 | - | roads, parking areas, paths or trails, bridges, camp or | |
288 | - | lodge sites, picnic areas, lodges and cabins, and any | |
289 | - | other structures and improvements necessary and | |
290 | - | appropriate in any State historic site or easement | |
291 | - | thereto; and to provide water supplies, heat and light, | |
292 | - | and sanitary facilities for the public and living quarters | |
293 | - | for the custodians and keepers of State historic sites. | |
294 | - | (e) To grant licenses and rights-of-way within the | |
295 | - | areas controlled by the Department for the construction, | |
296 | - | operation, and maintenance upon, under or across the | |
297 | - | property, of facilities for water, sewage, telephone, | |
298 | - | telegraph, electric, gas, or other public service, subject | |
299 | - | to the terms and conditions as may be determined by the | |
300 | - | Department. | |
301 | - | (f) To authorize the officers, employees, and agents | |
302 | - | of the Department, for the purposes of investigation and | |
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140 | + | 1 appropriated for that purpose. Reimbursement for travel, | |
141 | + | 2 meals, and lodging shall be in accordance with the rules of the | |
142 | + | 3 Governor's Travel Control Board. | |
143 | + | 4 (h) The Board has the following powers and duties: | |
144 | + | 5 (1) The Board shall adopt rules in accordance with the | |
145 | + | 6 Illinois Administrative Procedure Act, for the | |
146 | + | 7 administration and execution of the powers granted under | |
147 | + | 8 this Act. All rules that are authorized to be adopted | |
148 | + | 9 under this Act shall be adopted after consultation with | |
149 | + | 10 and written approval by the Department. | |
150 | + | 11 (2) The Board shall list, delist, create specific list | |
151 | + | 12 designations, create designation definitions, create | |
152 | + | 13 property assessment criteria, or change the listing | |
153 | + | 14 designation of State Historic Sites. Such actions shall be | |
154 | + | 15 undertaken by administrative rule. The listing, delisting, | |
155 | + | 16 creation of specific list designations or designation | |
156 | + | 17 definitions, or change of listing designation by the Board | |
157 | + | 18 shall only be done with the written approval of the | |
158 | + | 19 Director of Natural Resources. When listing, delisting, or | |
159 | + | 20 making a change of listing designation, the Board shall | |
160 | + | 21 consider, but is not limited to, the following: | |
161 | + | 22 (A) the budgetary impact on the full historic | |
162 | + | 23 sites portfolio when taking such action; | |
163 | + | 24 (B) if the action includes the stories of | |
164 | + | 25 historically excluded and marginalized people; | |
165 | + | 26 (C) the geographic balance of the portfolio; | |
303 | 166 | ||
304 | 167 | ||
305 | - | to exercise the rights, powers, and duties vested and that | |
306 | - | may be vested in it, to enter and cross all lands and | |
307 | - | waters in this State, doing no damage to private property. | |
308 | - | (g) To transfer jurisdiction of or exchange any realty | |
309 | - | under the control of the Department to any other | |
310 | - | Department of the State Government, or to any agency of | |
311 | - | the Federal Government, or to acquire or accept Federal | |
312 | - | lands, when any transfer, exchange, acquisition, or | |
313 | - | acceptance is advantageous to the State and is approved in | |
314 | - | writing by the Governor. | |
315 | - | (h) To erect, supervise, and maintain all public | |
316 | - | monuments and memorials erected by the State, except when | |
317 | - | the supervision and maintenance of public monuments and | |
318 | - | memorials is otherwise provided by law. | |
319 | - | (i) To accept, hold, maintain, and administer, as | |
320 | - | trustee, property given in trust for educational or | |
321 | - | historic purposes for the benefit of the People of the | |
322 | - | State of Illinois and to dispose of any property under the | |
323 | - | terms of the instrument creating the trust. | |
324 | - | (j) To lease concessions on any property under the | |
325 | - | jurisdiction of the Department for a period not exceeding | |
326 | - | 25 years and to lease a concession complex at Lincoln's | |
327 | - | New Salem State Historic Site for which a cash incentive | |
328 | - | has been authorized under Section 5.1 of this Act for a | |
329 | - | period not to exceed 40 years. All leases, for whatever | |
330 | - | period, shall be made subject to the written approval of | |
331 | 168 | ||
332 | 169 | ||
333 | - | the Governor. All concession leases extending for a period | |
334 | - | in excess of 10 years, will contain provisions for the | |
335 | - | Department to participate, on a percentage basis, in the | |
336 | - | revenues generated by any concession operation. | |
337 | - | The Department is authorized to allow for provisions | |
338 | - | for a reserve account and a leasehold account within | |
339 | - | Department concession lease agreements for the purpose of | |
340 | - | setting aside revenues for the maintenance, | |
341 | - | rehabilitation, repair, improvement, and replacement of | |
342 | - | the concession facility, structure, and equipment of the | |
343 | - | Department that are part of the leased premises. | |
344 | - | The lessee shall be required to pay into the reserve | |
345 | - | account a percentage of gross receipts, as set forth in | |
346 | - | the lease, to be set aside and expended in a manner | |
347 | - | acceptable to the Department by the concession lessee for | |
348 | - | the purpose of ensuring that an appropriate amount of the | |
349 | - | lessee's moneys are provided by the lessee to satisfy the | |
350 | - | lessee's incurred responsibilities for the operation of | |
351 | - | the concession facility under the terms and conditions of | |
352 | - | the concession lease. | |
353 | - | The lessee account shall allow for the amortization of | |
354 | - | certain authorized expenses that are incurred by the | |
355 | - | concession lessee but that are not an obligation of the | |
356 | - | lessee under the terms and conditions of the lease | |
357 | - | agreement. The Department may allow a reduction of up to | |
358 | - | 50% of the monthly rent due for the purpose of enabling the | |
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361 | - | recoupment of the lessee's authorized expenditures during | |
362 | - | the term of the lease. | |
363 | - | (k) To sell surplus agricultural products grown on | |
364 | - | land owned by or under the jurisdiction of the Department, | |
365 | - | when the products cannot be used by the Department. | |
366 | - | (l) To enforce the laws of the State and the rules and | |
367 | - | regulations of the Department in or on any lands owned, | |
368 | - | leased, or managed by the Department. | |
369 | - | (m) To cooperate with private organizations and | |
370 | - | agencies of the State of Illinois by providing areas and | |
371 | - | the use of staff personnel where feasible for the sale of | |
372 | - | publications on the historic and cultural heritage of the | |
373 | - | State and craft items made by Illinois craftsmen. These | |
374 | - | sales shall not conflict with existing concession | |
375 | - | agreements. The Department is authorized to negotiate with | |
376 | - | the organizations and agencies for a portion of the monies | |
377 | - | received from sales to be returned to the Department's | |
378 | - | Historic Sites Fund for the furtherance of interpretive | |
379 | - | and restoration programs. | |
380 | - | (n) To establish local bank or savings and loan | |
381 | - | association accounts, upon the written authorization of | |
382 | - | the Director, to temporarily hold income received at any | |
383 | - | of its properties. The local accounts established under | |
384 | - | this Section shall be in the name of the Department and | |
385 | - | shall be subject to regular audits. The balance in a local | |
386 | - | bank or savings and loan association account shall be | |
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176 | + | 1 (D) disability access; | |
177 | + | 2 (E) opportunities to coordinate with federal | |
178 | + | 3 historic designations or federal funding | |
179 | + | 4 opportunities; and | |
180 | + | 5 (F) any other criteria that have been set out in | |
181 | + | 6 administrative rule. | |
182 | + | 7 (3) The Board shall advise the Department on methods | |
183 | + | 8 of assistance, protection, conservation, and management of | |
184 | + | 9 State Historic Sites, which are all subject to Department | |
185 | + | 10 approval and available appropriations to implement those | |
186 | + | 11 recommendations. | |
187 | + | 12 (i) The Department shall provide administrative support to | |
188 | + | 13 the Board. | |
189 | + | 14 (20 ILCS 3405/6) (from Ch. 127, par. 2706) | |
190 | + | 15 Sec. 6. Jurisdiction. The Department shall have | |
191 | + | 16 jurisdiction over the following described areas which are | |
192 | + | 17 hereby designated by administrative rule as State Historic | |
193 | + | 18 Sites, State Memorials, and Miscellaneous Properties. Those | |
194 | + | 19 These sites have been deemed by the Board and the Department to | |
195 | + | 20 have a continuing State, national, or international level of | |
196 | + | 21 historic historical significance and the stewardship and | |
197 | + | 22 caretaking responsibilities to protect and promote are hereby | |
198 | + | 23 bestowed upon the Department. The Board is authorized to | |
199 | + | 24 modify, remove, or add to the list of State Historic Sites that | |
200 | + | 25 are listed in administrative rule in compliance with this Act. | |
387 | 201 | ||
388 | 202 | ||
389 | - | forwarded to the Department for deposit with the State | |
390 | - | Treasurer on Monday of each week if the amount to be | |
391 | - | deposited in a fund exceeds $500. | |
392 | - | No bank or savings and loan association shall receive | |
393 | - | public funds as permitted by this Section, unless it has | |
394 | - | complied with the requirements established under Section 6 | |
395 | - | of the Public Funds Investment Act. | |
396 | - | (o) To accept offers of gifts, gratuities, or grants | |
397 | - | from the federal government, its agencies, or offices, or | |
398 | - | from any person, firm, or corporation. | |
399 | - | (p) To make reasonable rules and regulations as may be | |
400 | - | necessary to discharge the duties of the Department. | |
401 | - | (q) With appropriate cultural organizations, to | |
402 | - | further and advance the goals of the Department. | |
403 | - | (r) To make grants for the purposes of planning, | |
404 | - | survey, rehabilitation, restoration, reconstruction, | |
405 | - | landscaping, and acquisition of Illinois properties (i) | |
406 | - | designated individually in the National Register of | |
407 | - | Historic Places, (ii) designated as a landmark under a | |
408 | - | county or municipal landmark ordinance, or (iii) located | |
409 | - | within a National Register of Historic Places historic | |
410 | - | district or a locally designated historic district when | |
411 | - | the Director determines that the property is of historic | |
412 | - | significance whenever an appropriation is made therefor by | |
413 | - | the General Assembly or whenever gifts or grants are | |
414 | - | received for that purpose and to promulgate regulations as | |
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416 | 204 | ||
417 | - | may be necessary or desirable to carry out the purposes of | |
418 | - | the grants. | |
419 | - | Grantees may, as prescribed by rule, be required to | |
420 | - | provide matching funds for each grant. Grants made under | |
421 | - | this subsection shall be known as Illinois Heritage | |
422 | - | Grants. | |
423 | - | Every owner of a historic property, or the owner's | |
424 | - | agent, is eligible to apply for a grant under this | |
425 | - | subsection. | |
426 | - | (s) To establish and implement a pilot program for | |
427 | - | charging admission to State historic sites. Fees may be | |
428 | - | charged for special events, admissions, and parking or any | |
429 | - | combination; fees may be charged at all sites or selected | |
430 | - | sites. All fees shall be deposited into the Illinois | |
431 | - | Historic Sites Fund. The Department shall have the | |
432 | - | discretion to set and adjust reasonable fees at the | |
433 | - | various sites, taking into consideration various factors, | |
434 | - | including, but not limited to: cost of services furnished | |
435 | - | to each visitor, impact of fees on attendance and tourism, | |
436 | - | and the costs expended collecting the fees. The Department | |
437 | - | shall keep careful records of the income and expenses | |
438 | - | resulting from the imposition of fees, shall keep records | |
439 | - | as to the attendance at each historic site, and shall | |
440 | - | report to the Governor and General Assembly by January 31 | |
441 | - | after the close of each year. The report shall include | |
442 | - | information on costs, expenses, attendance, comments by | |
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445 | - | visitors, and any other information the Department may | |
446 | - | believe pertinent, including: | |
447 | - | (1) Recommendations as to whether fees should be | |
448 | - | continued at each State historic site. | |
449 | - | (2) How the fees should be structured and imposed. | |
450 | - | (3) Estimates of revenues and expenses associated | |
451 | - | with each site. | |
452 | - | (t) To provide for overnight tent and trailer | |
453 | - | campsites and to provide suitable housing facilities for | |
454 | - | student and juvenile overnight camping groups. The | |
455 | - | Department shall charge rates similar to those charged by | |
456 | - | the Department for the same or similar facilities and | |
457 | - | services. | |
458 | - | (u) To engage in marketing activities designed to | |
459 | - | promote the sites and programs administered by the | |
460 | - | Department. In undertaking these activities, the | |
461 | - | Department may take all necessary steps with respect to | |
462 | - | products and services, including, but not limited to, | |
463 | - | retail sales, wholesale sales, direct marketing, mail | |
464 | - | order sales, telephone sales, advertising and promotion, | |
465 | - | purchase of product and materials inventory, design, | |
466 | - | printing and manufacturing of new products, reproductions, | |
467 | - | and adaptations, copyright and trademark licensing and | |
468 | - | royalty agreements, and payment of applicable taxes. In | |
469 | - | addition, the Department shall have the authority to sell | |
470 | - | advertising in its publications and printed materials. All | |
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211 | + | 1 The following sites shall comprise the initial list of State | |
212 | + | 2 Historic Sites that the Board shall initially list in | |
213 | + | 3 administrative rule, but shall be subject to modification, | |
214 | + | 4 removal, or additions by the Board and the Department pursuant | |
215 | + | 5 to this Act: | |
216 | + | 6 State Historic Sites | |
217 | + | 7 Albany Mounds State Historic Site, Whiteside County; | |
218 | + | 8 Apple River Fort State Historic Site, Jo Daviess County; | |
219 | + | 9 Bishop Hill State Historic Site, Henry County; | |
220 | + | 10 Black Hawk State Historic Site, Rock Island County; | |
221 | + | 11 Bryant Cottage State Historic Site, Piatt County; | |
222 | + | 12 Cahokia Courthouse State Historic Site, St. Clair County; | |
223 | + | 13 Cahokia Mounds State Historic Site, in Madison and St. | |
224 | + | 14 Clair Counties (however, the Illinois State Museum | |
225 | + | 15 shall act as curator of artifacts pursuant to the | |
226 | + | 16 provisions of the Archaeological and Paleontological | |
227 | + | 17 Resources Protection Act); | |
228 | + | 18 Crenshaw House State Historic Site, Gallatin County; | |
229 | + | 19 Dana-Thomas House State Historic Site, Sangamon County; | |
230 | + | 20 David Davis Mansion State Historic Site, McLean County; | |
231 | + | 21 Douglas Tomb State Historic Site, Cook County; | |
232 | + | 22 Fort de Chartres State Historic Site, Randolph County; | |
233 | + | 23 Fort Kaskaskia State Historic Site, Randolph County; | |
234 | + | 24 Grand Village of the Illinois, LaSalle County; | |
235 | + | 25 U. S. Grant Home State Historic Site, Jo Daviess County; | |
471 | 236 | ||
472 | 237 | ||
473 | - | income from marketing activities shall be deposited into | |
474 | - | the Illinois Historic Sites Fund. | |
475 | - | (v) To review and approve in writing rules adopted by | |
476 | - | the Board. | |
477 | - | (Source: P.A. 102-1005, eff. 5-27-22.) | |
478 | - | (20 ILCS 3405/21 new) | |
479 | - | Sec. 21. Annual report. Beginning in 2025, the Department | |
480 | - | shall submit an annual report, on or before June 30, to the | |
481 | - | General Assembly containing a full list of the State Historic | |
482 | - | Sites and the sites designations, as recommended by the Board | |
483 | - | and approved by the Department. | |
484 | - | (20 ILCS 3405/35) | |
485 | - | Sec. 35. Products manufactured in the United States. State | |
486 | - | Historic Sites, State Memorials, and other properties that are | |
487 | - | under the jurisdiction of the Department under Section 6 of | |
488 | - | this Act shall set aside a booth or section for the sale of | |
489 | - | products manufactured in the United States. As used in this | |
490 | - | Section, "products manufactured in the United States" means | |
491 | - | assembled articles, materials, or supplies for which design, | |
492 | - | final assembly, processing, packaging, testing, or other | |
493 | - | process that adds value, quality, or reliability occurred in | |
494 | - | the United States. | |
495 | - | (Source: P.A. 100-695, eff. 8-3-18.) | |
496 | 238 | ||
497 | 239 | ||
498 | - | Section 10. The Illinois Historic Sites Advisory Council | |
499 | - | Act is amended by changing Sections 1, 2, and 3 as follows: | |
500 | - | (20 ILCS 3410/1) (from Ch. 127, par. 133d1) | |
501 | - | Sec. 1. This Act shall be known as the Illinois National | |
502 | - | Register Historic Sites Advisory Council Act. | |
503 | - | (Source: P.A. 101-81, eff. 7-12-19.) | |
504 | - | (20 ILCS 3410/2) (from Ch. 127, par. 133d2) | |
505 | - | Sec. 2. As used in this Act: | |
506 | - | (a) "Council" means the Illinois National Register | |
507 | - | Historic Sites Advisory Council. | |
508 | - | (b) (Blank). | |
509 | - | (c) (Blank). | |
510 | - | (c-5) "Department" means the Department of Natural | |
511 | - | Resources. | |
512 | - | (d) "Director" means the Director of Natural Resources, or | |
513 | - | his or her designee. | |
514 | - | (d-1) "Historic resource" means any property which is | |
515 | - | either publicly or privately held and which: | |
516 | - | (1) is listed in the National Register of Historic | |
517 | - | Places (hereafter "National Register"); | |
518 | - | (2) has been formally determined by the Director to be | |
519 | - | eligible for listing in the National Register as defined | |
520 | - | in Section 106 of Title 16 of the United States Code; | |
521 | - | (3) has been nominated by the Director and the | |
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523 | 243 | ||
524 | - | Illinois National Register Historic Sites Advisory Council | |
525 | - | for listing in the National Register; or | |
526 | - | (4) meets one or more criteria for listing in the | |
527 | - | National Register, as determined by the Director. | |
528 | - | (e) "Place" means (1) any parcel or contiguous grouping of | |
529 | - | parcels of real estate under common or related ownership or | |
530 | - | control, where any significant improvements are at least 40 | |
531 | - | years old, or (2) any aboriginal mound, fort, earthwork, | |
532 | - | village, location, burial ground, historic or prehistoric | |
533 | - | ruin, mine case or other location which is or may be the source | |
534 | - | of important archeological data. | |
535 | - | (f) (Blank). | |
536 | - | (g) (Blank). | |
537 | - | (h) (Blank). | |
538 | - | (i) (Blank). | |
539 | - | (Source: P.A. 100-695, eff. 8-3-18.) | |
540 | - | (20 ILCS 3410/3) (from Ch. 127, par. 133d3) | |
541 | - | Sec. 3. There is recognized and established hereunder the | |
542 | - | Illinois National Register Historic Sites Advisory Council, | |
543 | - | previously established pursuant to federal Federal | |
544 | - | regulations, hereafter called the Council. Starting on January | |
545 | - | 1, 2025 the The Council shall consist of 9 15 members. Of | |
546 | - | these, there shall be at least 2 3 historians, at least 2 3 | |
547 | - | architectural historians, or architects with a preservation | |
548 | - | background, and at least 2 3 archeologists. The remaining 3 6 | |
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246 | + | 1 Hotel Florence, Cook County; | |
247 | + | 2 Jarrot Mansion State Historic Site, St. Clair County; | |
248 | + | 3 Jubilee College State Historic Site, Peoria County; | |
249 | + | 4 Kincaid Mounds State Historic Site, Massac and Pope | |
250 | + | 5 Counties; | |
251 | + | 6 Lewis and Clark State Historic Site, Madison County; | |
252 | + | 7 Lincoln-Herndon Law Offices State Historic Site, Sangamon | |
253 | + | 8 County; | |
254 | + | 9 Lincoln Log Cabin State Historic Site, Coles County; | |
255 | + | 10 Lincoln's New Salem State Historic Site, Menard County; | |
256 | + | 11 Lincoln Tomb State Historic Site, Sangamon County; | |
257 | + | 12 Martin Boismenue House State Historic Site, St. Clair | |
258 | + | 13 County; | |
259 | + | 14 Pierre Menard Home State Historic Site, Randolph County; | |
260 | + | 15 Metamora Courthouse State Historic Site, Woodford County; | |
261 | + | 16 Moore Home State Historic Site, Coles County; | |
262 | + | 17 Mount Pulaski Courthouse State Historic Site, Logan | |
263 | + | 18 County; | |
264 | + | 19 Old Market House State Historic Site, Jo Daviess County; | |
265 | + | 20 Old State Capitol State Historic Site, Sangamon County; | |
266 | + | 21 Postville Courthouse State Historic Site, Logan County; | |
267 | + | 22 Pullman Factory, Cook County; | |
268 | + | 23 Rose Hotel, Hardin County; | |
269 | + | 24 Carl Sandburg State Historic Site, Knox County; | |
270 | + | 25 Shawneetown Bank State Historic Site, Gallatin County; | |
271 | + | 26 Vachel Lindsay Home, Sangamon County; | |
549 | 272 | ||
550 | 273 | ||
551 | - | members shall be drawn from supporting fields and have a | |
552 | - | preservation interest. Supporting fields shall include but not | |
553 | - | be limited to historical geography, law, urban planning, local | |
554 | - | government officials, and members of other preservation | |
555 | - | commissions. All voting members of the Council shall be | |
556 | - | appointed by the Director. The Director may remove a member of | |
557 | - | the Council for incompetence, dereliction of duty, or | |
558 | - | malfeasance. | |
559 | - | The Council Chairperson shall be appointed by the Director | |
560 | - | from the Council membership and shall serve at the Director's | |
561 | - | pleasure. | |
562 | - | The Executive Director of the Abraham Lincoln Presidential | |
563 | - | Library and Museum and the Director of the Illinois State | |
564 | - | Museum shall serve on the Council in advisory capacity as | |
565 | - | non-voting members. | |
566 | - | Terms of membership shall be 3 years and shall be | |
567 | - | staggered by the Director to assure continuity of | |
568 | - | representation. Council members shall serve until a | |
569 | - | replacement is named by the Director. | |
570 | - | The Council shall meet at least 3 times each year. | |
571 | - | Additional meetings may be held at the call of the chairperson | |
572 | - | or at the call of the Director. | |
573 | - | Members shall serve without compensation, but shall be | |
574 | - | reimbursed for actual expenses incurred in the performance of | |
575 | - | their duties. | |
576 | - | A majority of the members of the Council constitutes a | |
577 | 274 | ||
578 | 275 | ||
579 | - | quorum for the transaction of business at a meeting of the | |
580 | - | Council. If a quorum is met, a majority of the members present | |
581 | - | and serving is required for official action of the Council. | |
582 | - | All business that the Council is authorized to perform | |
583 | - | shall be conducted at a public meeting of the Council, held in | |
584 | - | compliance with the Open Meetings Act. | |
585 | - | Records of the Council are subject to the Freedom of | |
586 | - | Information Act. | |
587 | - | (Source: P.A. 100-120, eff. 8-18-17; 100-695, eff. 8-3-18.) | |
588 | - | (20 ILCS 3415/Act rep.) | |
589 | - | Section 15. The Historical Sites Listing Act is repealed. | |
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282 | + | 1 Vandalia State House State Historic Site, Fayette County; | |
283 | + | 2 and | |
284 | + | 3 Washburne House State Historic Site, Jo Daviess County. | |
285 | + | 4 State Memorials | |
286 | + | 5 Buel House, Pope County; | |
287 | + | 6 Campbell's Island State Memorial, Rock Island County; | |
288 | + | 7 Governor Bond State Memorial, Randolph County; | |
289 | + | 8 Governor Coles State Memorial, Madison County; | |
290 | + | 9 Governor Horner State Memorial, Cook County; | |
291 | + | 10 Governor Small State Memorial, Kankakee County; | |
292 | + | 11 Illinois Vietnam Veterans State Memorial, Sangamon County; | |
293 | + | 12 Kaskaskia Bell State Memorial, Randolph County; | |
294 | + | 13 Korean War Memorial, Sangamon County; | |
295 | + | 14 Lincoln Monument State Memorial, Lee County; | |
296 | + | 15 Lincoln Trail State Memorial, Lawrence County; | |
297 | + | 16 Lovejoy State Memorial, Madison County; | |
298 | + | 17 Norwegian Settlers State Memorial, LaSalle County; | |
299 | + | 18 Wild Bill Hickok State Memorial, LaSalle County; and | |
300 | + | 19 World War II Veterans Memorial, Sangamon County. | |
301 | + | 20 Miscellaneous Properties | |
302 | + | 21 Emerald Mound, St. Clair County; | |
303 | + | 22 Halfway Tavern, Marion County; and | |
304 | + | 23 Hofmann Tower, Cook County. | |
305 | + | 24 (Source: P.A. 102-246, eff. 1-1-22; 102-1005, eff. 5-27-22.) | |
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316 | + | 1 (20 ILCS 3405/8) | |
317 | + | 2 Sec. 8. Business plans. The Department shall create an | |
318 | + | 3 individual business plan for each historic site related to | |
319 | + | 4 Abraham Lincoln that is listed in the relevant administrative | |
320 | + | 5 rule Section 6 of this Act. Each business plan must address | |
321 | + | 6 ways to enhance tourism at the historic site and the historic | |
322 | + | 7 aspect of each site. The Department may seek assistance from | |
323 | + | 8 the Department of Commerce and Economic Opportunity when | |
324 | + | 9 creating the business plans. The Department shall complete the | |
325 | + | 10 business plans no later than January 1, 2008. | |
326 | + | 11 (Source: P.A. 100-695, eff. 8-3-18.) | |
327 | + | 12 (20 ILCS 3405/16) (from Ch. 127, par. 2716) | |
328 | + | 13 Sec. 16. The Department shall have the following | |
329 | + | 14 additional powers: | |
330 | + | 15 (a) To hire agents and employees necessary to carry | |
331 | + | 16 out the duties and purposes of this Act. | |
332 | + | 17 (b) To take all measures necessary to erect, maintain, | |
333 | + | 18 preserve, restore, and conserve all State Historic Sites | |
334 | + | 19 and State Memorials, except when supervision and | |
335 | + | 20 maintenance is otherwise provided by law. This | |
336 | + | 21 authorization includes the power to enter into contracts, | |
337 | + | 22 acquire and dispose of real and personal property, and | |
338 | + | 23 enter into leases of real and personal property. The | |
339 | + | 24 Department has the power to acquire, for purposes | |
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350 | + | 1 authorized by law, any real property in fee simple subject | |
351 | + | 2 to a life estate in the seller in not more than 3 acres of | |
352 | + | 3 the real property acquired, subject to the restrictions | |
353 | + | 4 that the life estate shall be used for residential | |
354 | + | 5 purposes only and that it shall be non-transferable. | |
355 | + | 6 (c) To provide recreational facilities, including | |
356 | + | 7 campsites, lodges and cabins, trails, picnic areas, and | |
357 | + | 8 related recreational facilities, at all sites under the | |
358 | + | 9 jurisdiction of the Department. | |
359 | + | 10 (d) To lay out, construct, and maintain all needful | |
360 | + | 11 roads, parking areas, paths or trails, bridges, camp or | |
361 | + | 12 lodge sites, picnic areas, lodges and cabins, and any | |
362 | + | 13 other structures and improvements necessary and | |
363 | + | 14 appropriate in any State historic site or easement | |
364 | + | 15 thereto; and to provide water supplies, heat and light, | |
365 | + | 16 and sanitary facilities for the public and living quarters | |
366 | + | 17 for the custodians and keepers of State historic sites. | |
367 | + | 18 (e) To grant licenses and rights-of-way within the | |
368 | + | 19 areas controlled by the Department for the construction, | |
369 | + | 20 operation, and maintenance upon, under or across the | |
370 | + | 21 property, of facilities for water, sewage, telephone, | |
371 | + | 22 telegraph, electric, gas, or other public service, subject | |
372 | + | 23 to the terms and conditions as may be determined by the | |
373 | + | 24 Department. | |
374 | + | 25 (f) To authorize the officers, employees, and agents | |
375 | + | 26 of the Department, for the purposes of investigation and | |
376 | + | ||
377 | + | ||
378 | + | ||
379 | + | ||
380 | + | ||
381 | + | SB2976 Enrolled - 11 - LRB103 38289 JAG 68424 b | |
382 | + | ||
383 | + | ||
384 | + | SB2976 Enrolled- 12 -LRB103 38289 JAG 68424 b SB2976 Enrolled - 12 - LRB103 38289 JAG 68424 b | |
385 | + | SB2976 Enrolled - 12 - LRB103 38289 JAG 68424 b | |
386 | + | 1 to exercise the rights, powers, and duties vested and that | |
387 | + | 2 may be vested in it, to enter and cross all lands and | |
388 | + | 3 waters in this State, doing no damage to private property. | |
389 | + | 4 (g) To transfer jurisdiction of or exchange any realty | |
390 | + | 5 under the control of the Department to any other | |
391 | + | 6 Department of the State Government, or to any agency of | |
392 | + | 7 the Federal Government, or to acquire or accept Federal | |
393 | + | 8 lands, when any transfer, exchange, acquisition, or | |
394 | + | 9 acceptance is advantageous to the State and is approved in | |
395 | + | 10 writing by the Governor. | |
396 | + | 11 (h) To erect, supervise, and maintain all public | |
397 | + | 12 monuments and memorials erected by the State, except when | |
398 | + | 13 the supervision and maintenance of public monuments and | |
399 | + | 14 memorials is otherwise provided by law. | |
400 | + | 15 (i) To accept, hold, maintain, and administer, as | |
401 | + | 16 trustee, property given in trust for educational or | |
402 | + | 17 historic purposes for the benefit of the People of the | |
403 | + | 18 State of Illinois and to dispose of any property under the | |
404 | + | 19 terms of the instrument creating the trust. | |
405 | + | 20 (j) To lease concessions on any property under the | |
406 | + | 21 jurisdiction of the Department for a period not exceeding | |
407 | + | 22 25 years and to lease a concession complex at Lincoln's | |
408 | + | 23 New Salem State Historic Site for which a cash incentive | |
409 | + | 24 has been authorized under Section 5.1 of this Act for a | |
410 | + | 25 period not to exceed 40 years. All leases, for whatever | |
411 | + | 26 period, shall be made subject to the written approval of | |
412 | + | ||
413 | + | ||
414 | + | ||
415 | + | ||
416 | + | ||
417 | + | SB2976 Enrolled - 12 - LRB103 38289 JAG 68424 b | |
418 | + | ||
419 | + | ||
420 | + | SB2976 Enrolled- 13 -LRB103 38289 JAG 68424 b SB2976 Enrolled - 13 - LRB103 38289 JAG 68424 b | |
421 | + | SB2976 Enrolled - 13 - LRB103 38289 JAG 68424 b | |
422 | + | 1 the Governor. All concession leases extending for a period | |
423 | + | 2 in excess of 10 years, will contain provisions for the | |
424 | + | 3 Department to participate, on a percentage basis, in the | |
425 | + | 4 revenues generated by any concession operation. | |
426 | + | 5 The Department is authorized to allow for provisions | |
427 | + | 6 for a reserve account and a leasehold account within | |
428 | + | 7 Department concession lease agreements for the purpose of | |
429 | + | 8 setting aside revenues for the maintenance, | |
430 | + | 9 rehabilitation, repair, improvement, and replacement of | |
431 | + | 10 the concession facility, structure, and equipment of the | |
432 | + | 11 Department that are part of the leased premises. | |
433 | + | 12 The lessee shall be required to pay into the reserve | |
434 | + | 13 account a percentage of gross receipts, as set forth in | |
435 | + | 14 the lease, to be set aside and expended in a manner | |
436 | + | 15 acceptable to the Department by the concession lessee for | |
437 | + | 16 the purpose of ensuring that an appropriate amount of the | |
438 | + | 17 lessee's moneys are provided by the lessee to satisfy the | |
439 | + | 18 lessee's incurred responsibilities for the operation of | |
440 | + | 19 the concession facility under the terms and conditions of | |
441 | + | 20 the concession lease. | |
442 | + | 21 The lessee account shall allow for the amortization of | |
443 | + | 22 certain authorized expenses that are incurred by the | |
444 | + | 23 concession lessee but that are not an obligation of the | |
445 | + | 24 lessee under the terms and conditions of the lease | |
446 | + | 25 agreement. The Department may allow a reduction of up to | |
447 | + | 26 50% of the monthly rent due for the purpose of enabling the | |
448 | + | ||
449 | + | ||
450 | + | ||
451 | + | ||
452 | + | ||
453 | + | SB2976 Enrolled - 13 - LRB103 38289 JAG 68424 b | |
454 | + | ||
455 | + | ||
456 | + | SB2976 Enrolled- 14 -LRB103 38289 JAG 68424 b SB2976 Enrolled - 14 - LRB103 38289 JAG 68424 b | |
457 | + | SB2976 Enrolled - 14 - LRB103 38289 JAG 68424 b | |
458 | + | 1 recoupment of the lessee's authorized expenditures during | |
459 | + | 2 the term of the lease. | |
460 | + | 3 (k) To sell surplus agricultural products grown on | |
461 | + | 4 land owned by or under the jurisdiction of the Department, | |
462 | + | 5 when the products cannot be used by the Department. | |
463 | + | 6 (l) To enforce the laws of the State and the rules and | |
464 | + | 7 regulations of the Department in or on any lands owned, | |
465 | + | 8 leased, or managed by the Department. | |
466 | + | 9 (m) To cooperate with private organizations and | |
467 | + | 10 agencies of the State of Illinois by providing areas and | |
468 | + | 11 the use of staff personnel where feasible for the sale of | |
469 | + | 12 publications on the historic and cultural heritage of the | |
470 | + | 13 State and craft items made by Illinois craftsmen. These | |
471 | + | 14 sales shall not conflict with existing concession | |
472 | + | 15 agreements. The Department is authorized to negotiate with | |
473 | + | 16 the organizations and agencies for a portion of the monies | |
474 | + | 17 received from sales to be returned to the Department's | |
475 | + | 18 Historic Sites Fund for the furtherance of interpretive | |
476 | + | 19 and restoration programs. | |
477 | + | 20 (n) To establish local bank or savings and loan | |
478 | + | 21 association accounts, upon the written authorization of | |
479 | + | 22 the Director, to temporarily hold income received at any | |
480 | + | 23 of its properties. The local accounts established under | |
481 | + | 24 this Section shall be in the name of the Department and | |
482 | + | 25 shall be subject to regular audits. The balance in a local | |
483 | + | 26 bank or savings and loan association account shall be | |
484 | + | ||
485 | + | ||
486 | + | ||
487 | + | ||
488 | + | ||
489 | + | SB2976 Enrolled - 14 - LRB103 38289 JAG 68424 b | |
490 | + | ||
491 | + | ||
492 | + | SB2976 Enrolled- 15 -LRB103 38289 JAG 68424 b SB2976 Enrolled - 15 - LRB103 38289 JAG 68424 b | |
493 | + | SB2976 Enrolled - 15 - LRB103 38289 JAG 68424 b | |
494 | + | 1 forwarded to the Department for deposit with the State | |
495 | + | 2 Treasurer on Monday of each week if the amount to be | |
496 | + | 3 deposited in a fund exceeds $500. | |
497 | + | 4 No bank or savings and loan association shall receive | |
498 | + | 5 public funds as permitted by this Section, unless it has | |
499 | + | 6 complied with the requirements established under Section 6 | |
500 | + | 7 of the Public Funds Investment Act. | |
501 | + | 8 (o) To accept offers of gifts, gratuities, or grants | |
502 | + | 9 from the federal government, its agencies, or offices, or | |
503 | + | 10 from any person, firm, or corporation. | |
504 | + | 11 (p) To make reasonable rules and regulations as may be | |
505 | + | 12 necessary to discharge the duties of the Department. | |
506 | + | 13 (q) With appropriate cultural organizations, to | |
507 | + | 14 further and advance the goals of the Department. | |
508 | + | 15 (r) To make grants for the purposes of planning, | |
509 | + | 16 survey, rehabilitation, restoration, reconstruction, | |
510 | + | 17 landscaping, and acquisition of Illinois properties (i) | |
511 | + | 18 designated individually in the National Register of | |
512 | + | 19 Historic Places, (ii) designated as a landmark under a | |
513 | + | 20 county or municipal landmark ordinance, or (iii) located | |
514 | + | 21 within a National Register of Historic Places historic | |
515 | + | 22 district or a locally designated historic district when | |
516 | + | 23 the Director determines that the property is of historic | |
517 | + | 24 significance whenever an appropriation is made therefor by | |
518 | + | 25 the General Assembly or whenever gifts or grants are | |
519 | + | 26 received for that purpose and to promulgate regulations as | |
520 | + | ||
521 | + | ||
522 | + | ||
523 | + | ||
524 | + | ||
525 | + | SB2976 Enrolled - 15 - LRB103 38289 JAG 68424 b | |
526 | + | ||
527 | + | ||
528 | + | SB2976 Enrolled- 16 -LRB103 38289 JAG 68424 b SB2976 Enrolled - 16 - LRB103 38289 JAG 68424 b | |
529 | + | SB2976 Enrolled - 16 - LRB103 38289 JAG 68424 b | |
530 | + | 1 may be necessary or desirable to carry out the purposes of | |
531 | + | 2 the grants. | |
532 | + | 3 Grantees may, as prescribed by rule, be required to | |
533 | + | 4 provide matching funds for each grant. Grants made under | |
534 | + | 5 this subsection shall be known as Illinois Heritage | |
535 | + | 6 Grants. | |
536 | + | 7 Every owner of a historic property, or the owner's | |
537 | + | 8 agent, is eligible to apply for a grant under this | |
538 | + | 9 subsection. | |
539 | + | 10 (s) To establish and implement a pilot program for | |
540 | + | 11 charging admission to State historic sites. Fees may be | |
541 | + | 12 charged for special events, admissions, and parking or any | |
542 | + | 13 combination; fees may be charged at all sites or selected | |
543 | + | 14 sites. All fees shall be deposited into the Illinois | |
544 | + | 15 Historic Sites Fund. The Department shall have the | |
545 | + | 16 discretion to set and adjust reasonable fees at the | |
546 | + | 17 various sites, taking into consideration various factors, | |
547 | + | 18 including, but not limited to: cost of services furnished | |
548 | + | 19 to each visitor, impact of fees on attendance and tourism, | |
549 | + | 20 and the costs expended collecting the fees. The Department | |
550 | + | 21 shall keep careful records of the income and expenses | |
551 | + | 22 resulting from the imposition of fees, shall keep records | |
552 | + | 23 as to the attendance at each historic site, and shall | |
553 | + | 24 report to the Governor and General Assembly by January 31 | |
554 | + | 25 after the close of each year. The report shall include | |
555 | + | 26 information on costs, expenses, attendance, comments by | |
556 | + | ||
557 | + | ||
558 | + | ||
559 | + | ||
560 | + | ||
561 | + | SB2976 Enrolled - 16 - LRB103 38289 JAG 68424 b | |
562 | + | ||
563 | + | ||
564 | + | SB2976 Enrolled- 17 -LRB103 38289 JAG 68424 b SB2976 Enrolled - 17 - LRB103 38289 JAG 68424 b | |
565 | + | SB2976 Enrolled - 17 - LRB103 38289 JAG 68424 b | |
566 | + | 1 visitors, and any other information the Department may | |
567 | + | 2 believe pertinent, including: | |
568 | + | 3 (1) Recommendations as to whether fees should be | |
569 | + | 4 continued at each State historic site. | |
570 | + | 5 (2) How the fees should be structured and imposed. | |
571 | + | 6 (3) Estimates of revenues and expenses associated | |
572 | + | 7 with each site. | |
573 | + | 8 (t) To provide for overnight tent and trailer | |
574 | + | 9 campsites and to provide suitable housing facilities for | |
575 | + | 10 student and juvenile overnight camping groups. The | |
576 | + | 11 Department shall charge rates similar to those charged by | |
577 | + | 12 the Department for the same or similar facilities and | |
578 | + | 13 services. | |
579 | + | 14 (u) To engage in marketing activities designed to | |
580 | + | 15 promote the sites and programs administered by the | |
581 | + | 16 Department. In undertaking these activities, the | |
582 | + | 17 Department may take all necessary steps with respect to | |
583 | + | 18 products and services, including, but not limited to, | |
584 | + | 19 retail sales, wholesale sales, direct marketing, mail | |
585 | + | 20 order sales, telephone sales, advertising and promotion, | |
586 | + | 21 purchase of product and materials inventory, design, | |
587 | + | 22 printing and manufacturing of new products, reproductions, | |
588 | + | 23 and adaptations, copyright and trademark licensing and | |
589 | + | 24 royalty agreements, and payment of applicable taxes. In | |
590 | + | 25 addition, the Department shall have the authority to sell | |
591 | + | 26 advertising in its publications and printed materials. All | |
592 | + | ||
593 | + | ||
594 | + | ||
595 | + | ||
596 | + | ||
597 | + | SB2976 Enrolled - 17 - LRB103 38289 JAG 68424 b | |
598 | + | ||
599 | + | ||
600 | + | SB2976 Enrolled- 18 -LRB103 38289 JAG 68424 b SB2976 Enrolled - 18 - LRB103 38289 JAG 68424 b | |
601 | + | SB2976 Enrolled - 18 - LRB103 38289 JAG 68424 b | |
602 | + | 1 income from marketing activities shall be deposited into | |
603 | + | 2 the Illinois Historic Sites Fund. | |
604 | + | 3 (v) To review and approve in writing rules adopted by | |
605 | + | 4 the Board. | |
606 | + | 5 (Source: P.A. 102-1005, eff. 5-27-22.) | |
607 | + | 6 (20 ILCS 3405/21 new) | |
608 | + | 7 Sec. 21. Annual report. Beginning in 2025, the Department | |
609 | + | 8 shall submit an annual report, on or before June 30, to the | |
610 | + | 9 General Assembly containing a full list of the State Historic | |
611 | + | 10 Sites and the sites designations, as recommended by the Board | |
612 | + | 11 and approved by the Department. | |
613 | + | 12 (20 ILCS 3405/35) | |
614 | + | 13 Sec. 35. Products manufactured in the United States. State | |
615 | + | 14 Historic Sites, State Memorials, and other properties that are | |
616 | + | 15 under the jurisdiction of the Department under Section 6 of | |
617 | + | 16 this Act shall set aside a booth or section for the sale of | |
618 | + | 17 products manufactured in the United States. As used in this | |
619 | + | 18 Section, "products manufactured in the United States" means | |
620 | + | 19 assembled articles, materials, or supplies for which design, | |
621 | + | 20 final assembly, processing, packaging, testing, or other | |
622 | + | 21 process that adds value, quality, or reliability occurred in | |
623 | + | 22 the United States. | |
624 | + | 23 (Source: P.A. 100-695, eff. 8-3-18.) | |
625 | + | ||
626 | + | ||
627 | + | ||
628 | + | ||
629 | + | ||
630 | + | SB2976 Enrolled - 18 - LRB103 38289 JAG 68424 b | |
631 | + | ||
632 | + | ||
633 | + | SB2976 Enrolled- 19 -LRB103 38289 JAG 68424 b SB2976 Enrolled - 19 - LRB103 38289 JAG 68424 b | |
634 | + | SB2976 Enrolled - 19 - LRB103 38289 JAG 68424 b | |
635 | + | 1 Section 10. The Illinois Historic Sites Advisory Council | |
636 | + | 2 Act is amended by changing Sections 1, 2, and 3 as follows: | |
637 | + | 3 (20 ILCS 3410/1) (from Ch. 127, par. 133d1) | |
638 | + | 4 Sec. 1. This Act shall be known as the Illinois National | |
639 | + | 5 Register Historic Sites Advisory Council Act. | |
640 | + | 6 (Source: P.A. 101-81, eff. 7-12-19.) | |
641 | + | 7 (20 ILCS 3410/2) (from Ch. 127, par. 133d2) | |
642 | + | 8 Sec. 2. As used in this Act: | |
643 | + | 9 (a) "Council" means the Illinois National Register | |
644 | + | 10 Historic Sites Advisory Council. | |
645 | + | 11 (b) (Blank). | |
646 | + | 12 (c) (Blank). | |
647 | + | 13 (c-5) "Department" means the Department of Natural | |
648 | + | 14 Resources. | |
649 | + | 15 (d) "Director" means the Director of Natural Resources, or | |
650 | + | 16 his or her designee. | |
651 | + | 17 (d-1) "Historic resource" means any property which is | |
652 | + | 18 either publicly or privately held and which: | |
653 | + | 19 (1) is listed in the National Register of Historic | |
654 | + | 20 Places (hereafter "National Register"); | |
655 | + | 21 (2) has been formally determined by the Director to be | |
656 | + | 22 eligible for listing in the National Register as defined | |
657 | + | 23 in Section 106 of Title 16 of the United States Code; | |
658 | + | 24 (3) has been nominated by the Director and the | |
659 | + | ||
660 | + | ||
661 | + | ||
662 | + | ||
663 | + | ||
664 | + | SB2976 Enrolled - 19 - LRB103 38289 JAG 68424 b | |
665 | + | ||
666 | + | ||
667 | + | SB2976 Enrolled- 20 -LRB103 38289 JAG 68424 b SB2976 Enrolled - 20 - LRB103 38289 JAG 68424 b | |
668 | + | SB2976 Enrolled - 20 - LRB103 38289 JAG 68424 b | |
669 | + | 1 Illinois National Register Historic Sites Advisory Council | |
670 | + | 2 for listing in the National Register; or | |
671 | + | 3 (4) meets one or more criteria for listing in the | |
672 | + | 4 National Register, as determined by the Director. | |
673 | + | 5 (e) "Place" means (1) any parcel or contiguous grouping of | |
674 | + | 6 parcels of real estate under common or related ownership or | |
675 | + | 7 control, where any significant improvements are at least 40 | |
676 | + | 8 years old, or (2) any aboriginal mound, fort, earthwork, | |
677 | + | 9 village, location, burial ground, historic or prehistoric | |
678 | + | 10 ruin, mine case or other location which is or may be the source | |
679 | + | 11 of important archeological data. | |
680 | + | 12 (f) (Blank). | |
681 | + | 13 (g) (Blank). | |
682 | + | 14 (h) (Blank). | |
683 | + | 15 (i) (Blank). | |
684 | + | 16 (Source: P.A. 100-695, eff. 8-3-18.) | |
685 | + | 17 (20 ILCS 3410/3) (from Ch. 127, par. 133d3) | |
686 | + | 18 Sec. 3. There is recognized and established hereunder the | |
687 | + | 19 Illinois National Register Historic Sites Advisory Council, | |
688 | + | 20 previously established pursuant to federal Federal | |
689 | + | 21 regulations, hereafter called the Council. Starting on January | |
690 | + | 22 1, 2025 the The Council shall consist of 9 15 members. Of | |
691 | + | 23 these, there shall be at least 2 3 historians, at least 2 3 | |
692 | + | 24 architectural historians, or architects with a preservation | |
693 | + | 25 background, and at least 2 3 archeologists. The remaining 3 6 | |
694 | + | ||
695 | + | ||
696 | + | ||
697 | + | ||
698 | + | ||
699 | + | SB2976 Enrolled - 20 - LRB103 38289 JAG 68424 b | |
700 | + | ||
701 | + | ||
702 | + | SB2976 Enrolled- 21 -LRB103 38289 JAG 68424 b SB2976 Enrolled - 21 - LRB103 38289 JAG 68424 b | |
703 | + | SB2976 Enrolled - 21 - LRB103 38289 JAG 68424 b | |
704 | + | 1 members shall be drawn from supporting fields and have a | |
705 | + | 2 preservation interest. Supporting fields shall include but not | |
706 | + | 3 be limited to historical geography, law, urban planning, local | |
707 | + | 4 government officials, and members of other preservation | |
708 | + | 5 commissions. All voting members of the Council shall be | |
709 | + | 6 appointed by the Director. The Director may remove a member of | |
710 | + | 7 the Council for incompetence, dereliction of duty, or | |
711 | + | 8 malfeasance. | |
712 | + | 9 The Council Chairperson shall be appointed by the Director | |
713 | + | 10 from the Council membership and shall serve at the Director's | |
714 | + | 11 pleasure. | |
715 | + | 12 The Executive Director of the Abraham Lincoln Presidential | |
716 | + | 13 Library and Museum and the Director of the Illinois State | |
717 | + | 14 Museum shall serve on the Council in advisory capacity as | |
718 | + | 15 non-voting members. | |
719 | + | 16 Terms of membership shall be 3 years and shall be | |
720 | + | 17 staggered by the Director to assure continuity of | |
721 | + | 18 representation. Council members shall serve until a | |
722 | + | 19 replacement is named by the Director. | |
723 | + | 20 The Council shall meet at least 3 times each year. | |
724 | + | 21 Additional meetings may be held at the call of the chairperson | |
725 | + | 22 or at the call of the Director. | |
726 | + | 23 Members shall serve without compensation, but shall be | |
727 | + | 24 reimbursed for actual expenses incurred in the performance of | |
728 | + | 25 their duties. | |
729 | + | 26 A majority of the members of the Council constitutes a | |
730 | + | ||
731 | + | ||
732 | + | ||
733 | + | ||
734 | + | ||
735 | + | SB2976 Enrolled - 21 - LRB103 38289 JAG 68424 b | |
736 | + | ||
737 | + | ||
738 | + | SB2976 Enrolled- 22 -LRB103 38289 JAG 68424 b SB2976 Enrolled - 22 - LRB103 38289 JAG 68424 b | |
739 | + | SB2976 Enrolled - 22 - LRB103 38289 JAG 68424 b | |
740 | + | 1 quorum for the transaction of business at a meeting of the | |
741 | + | 2 Council. If a quorum is met, a majority of the members present | |
742 | + | 3 and serving is required for official action of the Council. | |
743 | + | 4 All business that the Council is authorized to perform | |
744 | + | 5 shall be conducted at a public meeting of the Council, held in | |
745 | + | 6 compliance with the Open Meetings Act. | |
746 | + | 7 Records of the Council are subject to the Freedom of | |
747 | + | 8 Information Act. | |
748 | + | 9 (Source: P.A. 100-120, eff. 8-18-17; 100-695, eff. 8-3-18.) | |
749 | + | 10 (20 ILCS 3415/Act rep.) | |
750 | + | 11 Section 15. The Historical Sites Listing Act is repealed. | |
751 | + | ||
752 | + | ||
753 | + | ||
754 | + | ||
755 | + | ||
756 | + | SB2976 Enrolled - 22 - LRB103 38289 JAG 68424 b |