Rep. Donald L. Moffitt

Filed: 3/27/2009

 

 


 

 


 
09600HB0037ham002 LRB096 02981 JDS 24712 a

1
AMENDMENT TO HOUSE BILL 37

2     AMENDMENT NO. ______. Amend House Bill 37, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 1. Short title. This Act may be cited as the Lease
6 of Closed State Properties Act.
 
7     Section 5. Definitions. As used in this Act:
8     "Agency" means the Illinois Historic Preservation Agency.
9     "Department" means the Department of Natural Resources.
10     "Local entity" means a unit of local government or public
11 college or university located in Illinois.
 
12     Section 10. Lease of closed State properties.
13     (a) Notwithstanding any other law, the Department and the
14 Agency shall each offer to qualified interested local entities
15 the opportunity to assume the operation and maintenance of any

 

 

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1 closed State park or closed State historic site, under the
2 Department's or Agency's jurisdiction, through a lease with
3 terms established by the Department or Agency. However,
4 property that is owned, managed, or leased by the Department
5 and with which there is a federal nexus, as identified by the
6 Department's federal aid coordinator, shall not be eligible to
7 be leased under this Act. In addition, the Department and
8 Agency may reject any offer and may select an interested local
9 entity after a request for offers or request for proposals
10 process. The Department or Agency may determine that a
11 particular park or site, due to the value of the artifacts or
12 exhibits or due to security issues or other operational
13 concerns, shall not be considered for leasing. The lease shall
14 be awarded to the highest bidder that the Department or Agency
15 deems to be the most qualified to operate and maintain the park
16 or site.
17     (b) The lease shall be acceptable to both parties and must,
18 at a minimum, contain provisions:
19         (1) Requiring the local entity to agree to release the
20     State, the Agency, and the Department from any and all
21     liability for damages or injuries arising at the park or
22     site during the lease period.
23         (2) Authorizing the Department or Agency to terminate
24     the lease of a park or site after giving written notice to
25     the local entity at least 60 days before terminating the
26     lease.

 

 

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1         (3) Establishing a lease term that is at least one year
2     but no more than 3 years in length, and providing an option
3     to extend the lease term, upon the written agreement of all
4     of the parties to the lease, for an additional 2 years.
5         (4) Requiring the local entity to comply with the
6     consultation requirements of the Endangered Species
7     Protection Act, the Illinois Natural Areas Preservation
8     Act, and the Wetlands Protection Act and with all
9     recommendations arising out of a consultation under one or
10     more of those Acts.
11         (5) Prohibiting the local entity from undertaking
12     activities related to road repair or development, tree or
13     brush clearing, trail development, landscaping, wetland
14     draining or filling, excavation, or similar work affecting
15     the landscape and character of the Park or site, without
16     the express approval of the Agency or Department.
17         (6) Authorizing the Department or Agency to require the
18     special care of artifacts or storage of certain artifacts,
19     or the exclusion of all artifacts when determined
20     appropriate by the Department or Agency. Human skeletal
21     remains and artifacts shall be turned over to the Illinois
22     State Museum.
23         (7) Authorizing the Agency or the Department to assign
24     any concession leases, service contracts, or activity use
25     agreements to the local entity at the time that the lease
26     is executed.

 

 

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1         (8) Requiring each new or additional concession lease
2     to be approved in writing by the Agency or Department
3     before the execution of such a lease by the local entity.
4         (9) Requiring the local entity to maintain the property
5     in a manner consistent with its status as a State park or
6     site and as otherwise required by State law.
7         (10) Requiring the local entity to take responsibility
8     for all costs, if any, associated with restoring the Park
9     or site to its pre-lease character and condition.
10     (c) All revenues generated by a local entity's operation of
11 a park or site during a lease under this Act shall be retained
12 by that local entity and must be used for the operation,
13 maintenance, or operation and maintenance of that park or site.
14     (d) Upon expiration or termination of a lease under this
15 Act, the local entity shall be reimbursed by the Department or
16 Agency, as the case may be, for the undepreciated portion of
17 any improvements to the park or site made or paid for by the
18 local entity during the period of the lease. All improvements
19 shall be subject to the advance written approval of the
20 Department or Agency. The local entity shall be reimbursed only
21 after establishing, to the satisfaction of the Department or
22 Agency, that (i) the local entity has complied with the lease
23 provision required by subdivision (b)(5) of this Section and
24 (ii) the improvements to the park or site that were made or
25 paid for by the local entity extend beyond the applicable lease
26 period.

 

 

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1     (e) This Act is subject to and superseded by any federal
2 law, regulation, condition, or stipulation prohibiting the
3 lease of a park or site.
 
4     Section 15. Collective bargaining work. A lessee under this
5 Act shall contract with the State for all work that, if
6 performed by employees of the State, would be performed by
7 employees, as defined in the Illinois Public Labor Relations
8 Act. The State shall be the employer of all non-managerial,
9 non-supervisory, and non-confidential employees, as defined in
10 the Illinois Public Labor Relations Act. Employees performing
11 such work shall be State employees as defined by the Personnel
12 Code. Neither historical representation rights under the
13 Illinois Public Labor Relations Act nor existing collective
14 bargaining agreements shall be disturbed by the lease of a
15 State park or State historic site.
 
16     Section 25. Repeal. This Act is repealed December 31, 2014.
 
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.".