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Full Text of HB0037  96th General Assembly

HB0037enr 96TH GENERAL ASSEMBLY



 


 
HB0037 Enrolled LRB096 02981 JAM 12995 b

1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the Lease
5 of Closed State Properties Act.
 
6     Section 5. Definitions. As used in this Act:
7     "Agency" means the Illinois Historic Preservation Agency.
8     "Department" means the Department of Natural Resources.
9     "Local entity" means a unit of local government or public
10 college or university located in Illinois.
 
11     Section 10. Lease of closed State properties.
12     (a) Notwithstanding any other law, the Department and the
13 Agency shall each offer to qualified interested local entities
14 the opportunity to assume the operation and maintenance of any
15 closed State park or closed State historic site, under the
16 Department's or Agency's jurisdiction, through a lease
17 established at the discretion of the Department or Agency. In
18 addition, the Department and Agency may reject any offer and
19 may select an interested local entity after a request for
20 offers or request for proposals process. Notwithstanding any
21 other provision of this Act, the Department or Agency may
22 determine that a particular park or site, due to the value of

 

 

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1 the artifacts or exhibits or due to security issues or any
2 other operational concerns, shall not be considered for
3 leasing. The lease shall be awarded to the highest bidder that
4 the Department or Agency deems to be the most qualified to
5 operate and maintain the park or site.
6     (b) The lease shall be acceptable to both parties and must,
7 at a minimum, contain provisions:
8         (1) Requiring the local entity to agree to release the
9     State, the Agency, and the Department from any and all
10     liability for damages or injuries arising at the park or
11     site during the lease period.
12         (2) Authorizing the Department or Agency to terminate
13     the lease of a park or site after giving written notice to
14     the local entity at least 60 days before terminating the
15     lease.
16         (3) Establishing a lease term that is at least one year
17     but no more than 3 years in length, and providing an option
18     to extend the lease term, upon the written agreement of all
19     of the parties to the lease, for an additional 2 years.
20         (4) Requiring the local entity to comply with the
21     consultation requirements of the Endangered Species
22     Protection Act, the Illinois Natural Areas Preservation
23     Act, and the Wetlands Protection Act and with all
24     recommendations arising out of a consultation under one or
25     more of those Acts.
26         (5) Prohibiting the local entity from undertaking

 

 

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1     activities related to road repair or development, tree or
2     brush clearing, trail development, landscaping, wetland
3     draining or filling, excavation, or similar work affecting
4     the landscape and character of the park or site, without
5     the express approval of the Agency or Department.
6         (6) Authorizing the Department or Agency to require the
7     special care of artifacts or storage of certain artifacts,
8     or the exclusion of all artifacts when determined
9     appropriate by the Department or Agency. Human skeletal
10     remains and artifacts shall be turned over to the Illinois
11     State Museum.
12         (7) Authorizing the Agency or the Department to assign
13     any concession leases, service contracts, or activity use
14     agreements to the local entity at the time that the lease
15     is executed.
16         (8) Requiring each new or additional concession lease
17     to be approved in writing by the Agency or Department
18     before the execution of such a lease by the local entity.
19         (9) Requiring the local entity to maintain the property
20     in a manner consistent with its status as a State park or
21     site and as otherwise required by State law.
22         (10) Requiring the local entity to take responsibility
23     for all costs, if any, associated with restoring the park
24     or site to its pre-lease character and condition.
25     (c) All revenues generated by a local entity's operation of
26 a park or site during a lease under this Act shall be retained

 

 

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1 by that local entity and must be used for the operation,
2 maintenance, or operation and maintenance of that park or site.
3     (d) Upon expiration or termination of a lease under this
4 Act, the local entity shall be reimbursed by the Department or
5 Agency, as the case may be, for the undepreciated portion of
6 any improvements to the park or site made or paid for by the
7 local entity during the period of the lease. All improvements
8 shall be subject to the advance written approval of the
9 Department or Agency. The local entity shall be reimbursed only
10 after establishing, to the satisfaction of the Department or
11 Agency, that (i) the local entity has complied with the lease
12 provision required by subdivision (b)(5) of this Section and
13 (ii) the improvements to the park or site that were made or
14 paid for by the local entity extend beyond the applicable lease
15 period.
16     (e) This Act is subject to and superseded by any federal
17 law, regulation, condition, or stipulation prohibiting the
18 lease of a park or site.
 
19     Section 15. Collective bargaining work. A lessee under this
20 Act shall contract with the State for all work that, if
21 performed by employees of the State, would be performed by
22 employees, as defined in the Illinois Public Labor Relations
23 Act. The State shall be the employer of all non-managerial,
24 non-supervisory, and non-confidential employees, as defined in
25 the Illinois Public Labor Relations Act. Employees performing

 

 

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1 such work shall be State employees as defined by the Personnel
2 Code. Neither historical representation rights under the
3 Illinois Public Labor Relations Act nor existing collective
4 bargaining agreements shall be disturbed by the lease of a
5 State park or State historic site.
 
6     Section 25. Repeal. This Act is repealed December 31, 2014.
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.