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Full Text of HB0574  99th General Assembly

HB0574ham001 99TH GENERAL ASSEMBLY

Rep. Barbara Flynn Currie

Filed: 4/20/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 574

2    AMENDMENT NO. ______. Amend House Bill 574 by replacing
3everything after the enacting clause with the following:
 
4
"Article I.

 
5    Section 1-1. Short title. This Article may be cited as the
6Illinois Business and Economic Development Partnership Act.
 
7    Section 1-5. Findings. The General Assembly finds that
8targeted efforts to promote and foster business growth, job
9creation, and tourism are necessary for economic growth in
10Illinois to provide more prosperity and opportunities for
11Illinois residents. As both the public and private sectors have
12a shared interest in fostering the economic vitality of the
13State, it is the purpose of this Act to implement economic
14development policy in the State by means of collaboration
15between the government and a not-for-profit corporation. In

 

 

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1addition, as the Historic Preservation Agency plays an
2important role in the State's tourism efforts, for maximum
3efficiency, the General Assembly finds that such Agency shall
4be abolished and all of its duties and responsibilities
5transferred to the Department of Commerce and Economic
6Opportunity. Further, such functions within that Agency as they
7relate to the Abraham Lincoln Presidential Library and Museum,
8shall be transferred to a newly-established State agency, the
9Abraham Lincoln Presidential Library and Museum, whose purpose
10shall be to promote tourism and educate Illinois residents on
11Lincoln's legacy and impact on the State.
 
12
Article II.

 
13    Section 2-1. Short title. This Article may be cited as the
14Illinois Business and Economic Development Corporation Act.
15References in this Article to "this Act" mean this Article.
 
16    Section 2-5. Definitions. For the purposes of this Act:
17    "Board" means the board of directors of the corporation.
18    "Chief Executive Officer" means the chief executive
19officer of the corporation.
20    "Conflict party" means a director, officer, or employee of
21the corporation; the spouse of a director, officer, or employee
22of the corporation; or an immediate family member of a
23director, officer, or employee of the corporation residing in

 

 

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1the same residence as the director, officer or employee.
2    "Corporation" means the Illinois Business and Economic
3Development Corporation incorporated by the Department
4pursuant to Section 2-10.
5    "Department" means the Illinois Department of Commerce and
6Economic Opportunity.
7    "Director" means the Director of Commerce and Economic
8Opportunity.
9    "Division of Historic Sites" means the Division of Historic
10Sites within the Department of Commerce and Economic
11Opportunity.
 
12    Section 2-10. Creation of the Illinois Business and
13Economic Development Corporation.
14    (a) The General Assembly authorizes the Department, in
15accordance with Section 10 of the State Agency Entity Creation
16Act, to incorporate the Illinois Business and Economic
17Development Corporation as a not-for-profit corporation
18pursuant to the General Not For Profit Corporation Act of 1986.
19    (b) The purpose of the corporation shall be to promote the
20economic development and well-being of the State. The
21corporation shall focus on business development, small and
22minority-owned business incubation, trade and investment,
23tourism and film. The corporation shall:
24        (1) develop best practices for economic development in
25    consultation with the Department;

 

 

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1        (2) enter into grant agreements with the Department and
2    sub-grants with other persons and entities;
3        (3) maintain and develop economic data and research
4    that is beneficial to business development in the State;
5        (4) maintain and develop information about specific
6    statewide and regional economic incentives and benefits
7    that may be available to a business to expand within, or
8    relocate to, the State; and provide such information to
9    prospective businesses;
10        (5) formulate and pursue programs and local
11    partnerships for encouraging the location of new
12    businesses in the State and for retaining and fostering the
13    growth of existing businesses;
14        (6) negotiate tax incentives with private businesses,
15    subject to Department approval; and
16        (7) cooperate with and provide information to State
17    agencies, local governments, community colleges, and State
18    universities on economic development matters.
19    (c) For the purposes described in this Act, the corporation
20shall collaborate with the Department; with other State
21agencies, authorities, boards, and commissions whose programs
22and activities significantly affect economic activity in the
23State as appropriate; and with local and regional economic
24development organizations, local elected officials,
25community-based organizations, service delivery providers, and
26other organizations whose programs and activities

 

 

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1significantly affect economic activity. The Department and
2each other State agency, authority, board, or commission with
3which the corporation seeks to collaborate shall assist the
4corporation in carrying out its purposes as directed by the
5Governor.
6    (d) The corporation shall not be considered, in whole or in
7part, an agency, political subdivision, or instrumentality of
8the State. The corporation shall not exercise any sovereign
9power of the State. Employees and officers of the corporation
10shall not be considered employees or officers of the State or
11subject to Personnel Code or other laws applicable to State
12employees and officers. The corporation does not have authority
13to pledge the credit of the State; the State shall not be
14liable for the debts or obligations of the corporation; and all
15debts and obligations of the corporation shall be payable
16solely from the corporation's funds.
17    (e) The corporation shall have such powers, rights, and
18obligations as are conferred upon a not-for-profit corporation
19under the General Not For Profit Corporation Act of 1986,
20including to accept grants, loans, or other amounts from the
21State, the federal government, or other persons; to enter into
22contracts; and to employ personnel and other agents.
23    (f) The corporation shall be established, maintained, and
24operated so that donations and bequests to the corporation
25qualify as tax deductible under State income tax laws and
26Section 501(c)(3) of the Internal Revenue Code.

 

 

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1        (g) The articles of incorporation and bylaws of the
2    corporation shall provide for (1) governance and efficient
3    management of the corporation, (2) a board of directors
4    satisfying the requirements of Section 2-15, (3) a conflict
5    of interest policy satisfying the requirements of Section
6    2-30, and (4) financial operations of the corporation,
7    including the authority to receive and expend funds from
8    public and private sources and to use its property, money,
9    and other resources for the purposes of the corporation.
 
10    Section 2-15. Board of Directors and Chief Executive
11Officer of the corporation.
12    (a) The affairs of the corporation shall be managed by or
13under the direction of the board of directors of the
14corporation.
15    (b) The board shall comprise 16 directors as follows:
16        (1) The Governor or his or designee shall be a director
17    ex officio and serve as chairperson of the board.
18        (2) The Governor shall appoint 11 directors, including
19    (i) one director with professional experience in finance,
20    insurance, or investment banking, (ii) one director with
21    professional experience in small business development,
22    (iii) one director with professional experience in the
23    tourism or hospitality industry, and (iv) eight directors
24    who are actively employed in the private, for-profit sector
25    or who otherwise have substantial experience in economic

 

 

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1    development. Of those eight directors described in clause
2    (iv), there shall be at least one director from each
3    industry cluster as identified to the Governor by the
4    Director. Of the 11 directors appointed pursuant to this
5    paragraph, at least 4 directors shall be representatives of
6    minority-owned and women-owned businesses.
7        (3) The Speaker and Minority Leader of the House of
8    Representatives and the President and Minority Leader of
9    the Senate each shall appoint one director who is employed
10    in, or retired from employment in, a private business,
11    not-for-profit organization, or academic organization.
12    (c) To facilitate communication and cooperation between
13the corporation and State agencies involved in economic
14development, the director or head of each of the following
15agencies shall serve as a non-voting, non-director member of
16the board: Department of Commerce and Economic Opportunity,
17Department of Agriculture, Department of Natural Resources,
18Department of Financial and Professional Regulation, Illinois
19Finance Authority, Department of Revenue, Department of Labor,
20Veterans' Affairs, Central Management Services, Illinois
21Environmental Protection Agency and Department of Employment
22Security.
23    (d) Except for the Governor or his or her designee, each
24director shall serve a term of three years. The articles of
25incorporation or bylaws shall divide the other 15 directors
26into three equal classes, with the terms of one class of

 

 

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1directors expiring each year.
2    (e) The Governor shall select an initial Chief Executive
3Officer of the corporation, subject to confirmation by a
4majority of members of the board. After the initial Chief
5Executive Officer, each subsequent Chief Executive Officer
6shall be selected and confirmed by a majority vote of the
7Board.
 
8    Section 2-20. Office of Economic Development and Tourism.
9Within the Department, there shall be created a new division
10called the Office of Economic Development and Tourism. That
11office shall collaborate with the corporation and be
12responsible for the following functions of the Department:
13business development; entrepreneurship, innovation, and
14technology; trade and investment; and tourism and film. The
15director of that office shall report directly to the Director.
 
16    Section 2-25. Transparency and accountability.
17    (a) Within the Office of the Director there is created a
18new division called the Office of Accountability and
19Transparency. Such division shall be responsible for
20monitoring all grants made by the Department; for ensuring
21compliance by the Department and its grantees, including the
22corporation, with all applicable laws and grant terms and
23conditions; and for ensuring transparency in the Department's
24grant-making and other activities.

 

 

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1    (b) With respect to any grant agreement entered into
2between the corporation and the Department, the corporation
3shall comply with the following provisions:
4        (1) For the purposes of the Freedom of Information Act,
5    the corporation shall be considered a contractor
6    performing a governmental function on behalf of the
7    Department in accordance with subsection (2) of Section 7
8    of such Act, notwithstanding whether the corporation
9    receives a grant from or enters into a contract with the
10    Department.
11        (2) The corporation shall post copies of minutes of its
12    board meetings on its publicly-accessible website. Any
13    redactions shall be limited to information exempt from
14    disclosure pursuant to subsection (1) of Section 7 of the
15    Freedom of Information Act or other applicable law.
16        (3) The corporation shall post copies of all final
17    grant agreements and tax incentives on its
18    publicly-accessible website. Any redactions shall be
19    limited to information exempt from disclosure pursuant to
20    subsection (1) of Section 7 of the Freedom of Information
21    Act or other applicable law.
22        (4) The corporation shall develop procedures,
23    standards, and objectives for evaluating all sub-grant
24    applicants and sub-grants awarded to ensure that State
25    funds spent by the corporation and its sub-grantees
26    optimize return on investment for Illinois taxpayers. Such

 

 

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1    procedures, standards, and objectives shall be disclosed
2    on the corporation's publicly-accessibly website.
3        (5) The corporation shall assess and report its efforts
4    and results to the public and the Department's Office of
5    Accountability and Transparency. In addition, the
6    corporation shall comply with all grant monitoring
7    procedures issued by the Department for the monitoring of
8    grants of State and federal funds.
9        (6) The corporation shall conduct an annual audit
10    performed by a certified public accountant in accordance
11    with generally accepted accounting procedures. Such audit
12    shall be filed with the Department's Office of
13    Accountability and Transparency and made available to the
14    public.
15        (7) The corporation shall be subject to bi-annual
16    audits by the Auditor General.
17        (8) The Corporation shall submit an annual report to
18    the Governor, the General Assembly, and the Department's
19    Office of Accountability and Transparency that describes
20    the corporation's operations and activities during the
21    prior fiscal year, including (A) the corporation's
22    complete, audited financial statements, including a
23    description of the corporation's financial conditions and
24    operations; (B) a listing of all public sources of funds
25    received by the corporation; (C) a listing of all private
26    sources of funds received by the corporation; (D) a listing

 

 

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1    of all firms and individuals who provided assistance or
2    resources to the corporation without compensation,
3    including the approximate value of the assistance or
4    resources provided; and (E) a description of how the
5    operations and activities of the corporation serve the
6    interests of the State and promote economic development.
7        (9) The corporation shall comply with all applicable
8    State and federal laws, including all applicable terms of
9    the Grant Accountability and Transparency Act.
 
10    Section 2-30. Conflicts of interest.
11    (a) In the conduct of their service to the corporation,
12directors, officers, and employees of the corporation shall
13behave ethically and in the best interests of the corporation
14and shall seek to avoid actual and potential conflicts of
15interest.
16    (b) The corporation shall adopt and maintain a
17comprehensive conflicts of interest policy. Such policy shall
18include, without limitation, the following:
19        (1) Any pecuniary interest held by or for a conflict
20    party in a grant from or contract with the corporation
21    shall be disclosed in writing and identified in the minutes
22    of the board.
23        (2) A conflict party who holds a pecuniary interest in
24    a grant from or contract with the corporation, or for whom
25    such an interest is held, shall not participate in any

 

 

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1    corporate action with respect to such grant or contract.
2        (3) A conflict party may not acquire a pecuniary
3    interest in a grant from or contract with the corporation
4    during the time that the conflict party (or the spouse or
5    immediate family member of the conflict party) serves as a
6    director, officer, or employee of the corporation and for
7    one year after termination of such service.
8        (4) The corporation will not enter into any grant or
9    contract with any entity in which a conflict party is
10    entitled to receive more than 7.5%, or in which a conflict
11    party together with his or her spouse and immediate family
12    members residing in his or her residence are entitled to
13    receive more than 15%, of the total distribution income of
14    the entity.
 
15    Section 2-35. Fundraising. The corporation shall raise and
16accept funds from private donors to support its economic
17development efforts and other operations.
 
18    Section 2-40. Historic Preservation Agency Abolished;
19Division of Historic Sites Created.
20    (a) The Historic Preservation Agency, including the Board
21of the Historic Preservation Agency, is abolished and its
22powers, duties, functions, and responsibilities, except for
23those contained in Sections 30, 31, 32, and 33 of the Historic
24Preservation Agency Act relating to the Abraham Lincoln

 

 

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1Presidential Library and Museum, are transferred to the
2Historic Sites Division within the Department of Commerce and
3Economic Opportunity.
4    (b) Within the Department of Commerce and Economic
5Opportunity, there is created a new division called the
6Division of Historic Sites. All powers, duties, functions, and
7responsibilities of the former Historic Preservation Agency,
8except for those contained Sections 30, 31, 32, and 33 of the
9Historic Preservation Agency Act relating to the Abraham
10Lincoln Presidential Library and Museum, are transferred to
11such Division.
12    (c) The personnel of the Historic Preservation Agency are
13hereby transferred to the Historic Sites Division within the
14Department. The status and rights of the transferred employees,
15and the rights of the State of Illinois and its agencies, under
16the Personnel Code and applicable collective bargaining
17agreements or under any pension, retirement, or annuity plan
18are not affected (except as provided in Sections 14-110 and
1918-127 of the Illinois Pension Code) by that transfer or by any
20other provision of this Act.
21    (d) All books, records, papers, documents, property (real
22and personal), contracts, causes of action, and pending
23business pertaining to the powers, duties, rights, and
24responsibilities the Historic Preservation Agency, except for
25those related to the Abraham Lincoln Presidential Library and
26Museum, shall be transferred to the Historic Sites Division.

 

 

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1    (e) All unexpended appropriations and balances and other
2funds available for use by the Historic Preservation Agency,
3except for those related to the Abraham Lincoln Presidential
4Library and Museum, shall be transferred to the Department.
5    (f) Whatever reports or notices are now required to be made
6or given or papers or documents furnished or served by any
7person to or upon the Historic Preservation Agency in
8connection with the power, duties, rights and responsibilities
9transferred by this Act, the same shall be made, given,
10furnished or served in the same manner by the Division of
11Historic Sites.
12    (g) This Act does not affect any act done, ratified, or
13canceled or any right occurring or established or any action,
14or proceeding had or commenced in an administrative, civil, or
15criminal cause by the Historic Preservation Agency before this
16Act takes effect; such actions or proceedings may be prosecuted
17and continued by the Department.
18    (h) Any rules of the Historic Preservation Agency, except
19for those related to the Abraham Lincoln Presidential Library
20and Museum that relate to its powers, duties, rights and
21responsibilities and are in full force on the effective date of
22this Act shall become rules of the Department of Commerce and
23Economic Opportunity. This Act does not affect the legality of
24any such rules in the Illinois Administrative Code.
25    Any proposed rules filed with the Secretary of State by the
26Historic Preservation Agency that are pending in the

 

 

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1rule-making process on the effective date of this Act, shall be
2deemed to have been filed by the Department of Commerce and
3Economic Opportunity. As soon as practicable hereafter, the
4Department shall revise and clarify the rules transferred to it
5under this Act to reflect the reorganization of powers, duties,
6rights and responsibilities affected by this Act using the
7procedures for recodification of rules available under the
8Illinois Administrative Procedure Act, except that the
9existing titles, part and section numbering for the affected
10rules may be retained.
 
11
Article III.

 
12    Section 3-1. Short title. This Article may be cited as the
13Abraham Lincoln Presidential Library and Museum Act.
14References in this Article to "this Act" mean this Article.
 
15    Section 3-5. Definitions. As used in this Act:
16    "Agency" means the Abraham Lincoln Presidential Library
17and Museum.
18    "Board" means the Board of the Abraham Lincoln Presidential
19Library and Museum.
20    "Executive Director" means the Executive Director of the
21Abraham Lincoln Presidential Library and Museum.
22    "Library" means the Abraham Lincoln Presidential Library.
23    "Museum" means the Abraham Lincoln Presidential Museum.
 

 

 

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1    Section 3-10. Abraham Lincoln Presidential Library and
2Museum; establishment.
3    (a) The Abraham Lincoln Presidential Library and Museum,
4formerly a constituent unit of the Illinois Historic
5Preservation Agency, is created as an independent State agency
6within the Executive Branch of State government.
7    (b) The Agency shall be under the supervision and direction
8of the Executive Director of the Abraham Lincoln Presidential
9Library and Museum.
 
10    Section 3-15. Board. There shall be a Board of the Abraham
11Lincoln Presidential Library and Museum to advise the Lincoln
12Presidential Library and Museum and the Executive Director on
13programs related to the Lincoln Presidential Library and Museum
14and to exercise the powers and duties given to it under Section
153-25 of this Act. The Lincoln Presidential Library and Museum
16and the Abraham Lincoln Presidential Library Foundation may
17mutually co-operate to maximize resources available to the
18Lincoln Presidential Library and Museum and to support,
19sustain, and provide educational programs and collections at
20the Lincoln Presidential Library and Museum. Notwithstanding
21any other provision of law, the Agency is not bound by any
22Memoranda of Understanding entered into by the Illinois
23Historic Preservation Agency, whether on behalf of the Abraham
24Lincoln Presidential Library and Museum or otherwise, and the

 

 

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1Abraham Lincoln Presidential Library Foundation. The terms of
2such a Memorandum shall not be enforceable against the Agency.
 
3    Section 3-20. Composition of the Board. The Board of the
4Agency shall consist of the 11 members to be appointed by the
5Governor, with the advice and consent of the Senate. The Board
6shall consist of members with the following qualifications:
7    (1) One member shall have recognized knowledge and ability
8in matters related to business administration.
9    (2) One member shall have recognized knowledge and ability
10in matters related to the history of Abraham Lincoln.
11    (3) One member shall have recognized knowledge and ability
12in matters related to the history of Illinois.
13    (4) One member shall have recognized knowledge and ability
14in matters related to library and museum studies.
15    (5) One member shall have recognized knowledge and ability
16in matters related to historic preservation.
17    (6) One member shall have recognized knowledge and ability
18in matters related to cultural tourism.
19    The initial terms of office shall be designed by the
20Governor as follows: one member to serve for a term of one
21year, 2 members to serve for a term of 2 years, 2 members to
22serve for a term of 3 years, 2 members to serve for a term of 4
23years, 2 member to serve for a term of 5 years, and 2 members to
24serve for a term of 6 years. Thereafter, all appointments shall
25be for a term of 6 years. The Governor shall appoint one of the

 

 

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1members to serve as Chair at the pleasure of the Governor.
2    The members of the Board shall serve without compensation
3but shall be entitled to reimbursement for all necessary
4expenses incurred in the performance of their official duties
5as members of the Board from funds appropriated for that
6purpose.
 
7    Section 3-25. Powers and duties of the Board. The Board
8shall:
9    (a) Establish programs for implementation in support of the
10mission and goals of the Agency.
11    (b) Create and execute such seminars, symposia, or other
12conferences as may be necessary or advisable to the Agency.
13    (c) Report annually to the Governor and the General
14Assembly on the status of the Agency and its programs.
15    (d) Accept, hold, maintain, and administer, as trustee,
16property given in trust for education or historic purposes for
17the benefit of the people of the State of Illinois and dispose
18of any property under the terms of the instrument creating the
19trust.
20    (e) Accept, hold, maintain, and administer donated
21property of historical significance such as books, papers,
22records, and personal property of any kind, including
23electronic and digital property, pursuant to gifting
24instruments, agreements, or deeds of gift and enter into such
25agreements as may be necessary to carry out the Board's duties

 

 

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1and responsibilities under this Section.
2    (f) Lease concessions at the Library and Museum. All
3leases, for whatever period, shall be made subject to the
4written approval of the Governor. All concession leases
5extending for a period in excess of 10 years shall contain
6provisions for the Agency to participate, on a percentage
7basis, in the revenues generated by any concession operation.
8    (g) Enforce the laws of the State and the rules of the
9Agency.
10    (h) Cooperate with private organizations and agencies of
11the State of Illinois by providing areas and the use of staff
12personnel where feasible for the sale of publications on the
13historic and cultural heritage of the State and craft items
14made by Illinois craftsmen. These sales shall not conflict with
15existing concession agreements. The Board is authorized to
16negotiate and approve agreements with the organizations and
17agencies for a portion of the monies received from sales to be
18returned to the Agency for the furtherance of interpretative
19and restoration programs.
20    (i) Accept offers of gifts, gratuities, or grants from the
21federal government, its agencies, or offices, or from any
22person, firm, or corporation.
23    (j) Subject to the provisions of the Illinois
24Administrative Procedure Act, make reasonable rules as may be
25necessary to discharge the duties of the Agency.
26    (k) Charge and collect admission fees and rental for access

 

 

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1to and use of the facilities of the Library and Museum.
2    (l) Operate a restaurant, café, or other food serving
3facility at the Museum or lease the operation of such a
4facility under reasonable terms and conditions; and provide
5vending services for food, beverages, or other products deemed
6necessary and proper, consistent with the purposes of the
7Library and Museum.
8    (m) Engage in marketing activities designed to promote the
9Library and Museum. In undertaking these activities, the Board
10may take all necessary steps with respect to products and
11services, including, but not limited to, retail sales,
12wholesale sales, direct marketing, mail order sales, telephone
13sales, advertising and promotion, purchase of product and
14materials inventory, design and printing and manufacturing of
15new products, reproductions, and adaptations, copyright and
16trademark licensing and royalty agreements, and payment of
17applicable taxes. In addition, the Board shall have the
18authority to sell advertising in its publications and printed
19materials.
 
20    Section 3-30. Administration of the Agency. The Board shall
21appoint an Executive Director of the Agency. The Executive
22Director shall serve at the pleasure of the Board. The
23Executive Director shall, subject to applicable provisions of
24law, execute and discharge the powers and duties of the Agency.
25The Executive Director shall have hiring power and shall

 

 

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1appoint (a) a Library Facilities Operations Director; and (b) a
2Director of the Library. The Executive Director shall appoint
3those other employees of the Agency as he or she deems
4appropriate and shall fix the compensation of the Library
5Facilities Operations' Director, the Direction of the Library
6and other employees. The Executive Director may establish and
7collect admission and registration fees, may operate a gift
8shop, and may publish and sell educational and informational
9materials.
 
10    Section 3-35. Executive Director; exchange historical
11records. The Executive Director of the Agency may and is hereby
12required to make all necessary rules, regulations, and bylaws
13not inconsistent with law to carry into effect the purposes of
14this Act and to procure from time to time as may be possible
15and practicable, at reasonable costs, all books, pamphlets,
16manuscripts, monographs, writings, and other material of
17historical interest and useful to the historian bearing upon
18the political, physical, religious, or social history of the
19State of Illinois from the earliest known period of time. The
20Executive Director of the Agency may, with the consent of the
21Board, exchange any books, pamphlets, manuscripts, records or
22other materials which such library may acquire that are of no
23historical interest or for any reason are of no value to it,
24with any other library, school or historical society. The
25Executive Director shall distribute volumes of the series known

 

 

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1as the Illinois Historical Collections now in print, and to be
2printed, to all who may apply for same and who pay to the
3Library and Museum for such volumes an amount fixed by the
4Executive Director sufficient to cover the expenses of printing
5and distribution of each volume received by such applicants.
6However, the Executive Director shall have authority to furnish
725 of each of the volumes of the Illinois Historical
8Collections, free of charge to each of the authors and editors
9of the collections or parts thereof; to furnish, as in his
10discretion he deems necessary or desirable, as reasonable
11number of each of the volumes of the Collections without charge
12to archives, libraries and similar institutions from which
13material has been drawn or assistance has been given in the
14preparation of such Collections, and to the officials thereof,
15to furnish, as in his discretion he deems necessary or
16desirable, a reasonable number of each of the volumes of the
17Collections without charge to the University of Illinois
18Library and to instructors and officials of that University,
19and to public libraries in the State of Illinois. The Executive
20Director, may, with the consent of the Board, also make
21exchanges of Historical Collections with any other library,
22school or historical society, and to distribute volumes of
23collections for review purposes.
 
24    Section 3-40. Illinois State Historian; appointment. The
25Board shall appoint the Illinois State Historian, who shall

 

 

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1provide historical expertise, support, and service to all
2divisions of the Agency. The State Historian is the State's
3authority on Abraham Lincoln and the history of Illinois.
 
4    Section 3-45. State Historian; historical records. The
5State Historian shall establish and supervise a program within
6the Agency designed to preserve as historical records selected
7past editions of newspapers of this State. Such editions shall
8be microphotographed. The negatives of such microphotographs
9shall be stored in a place provided by the Agency.
10    The State Historian shall determine on the basis of
11historical value the various newspaper edition files which
12shall be microphotographed and shall arrange a schedule for
13such microphotographing. The State Historian shall supervise
14the making of arrangements for acquiring access to past edition
15filed with the editors or publishers of the various newspapers.
16    The method of microphotography to be employed in this
17program shall conform to the standards established pursuant to
18Section 17 of the State Records Act.
19    Upon payment to the Agency of the required fee, any person
20or organization shall be supplied with any prints requested to
21be made from the negatives of the microphotographs. The fee
22required shall be determined by the State Historian and shall
23be equal in amount to the costs incurred by the Agency in
24supplying the requested prints.
 

 

 

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1    Section 3-50. Gifts to the Illinois State Historic Library.
2Those programs, collections, and functions heretofore
3administered by the Illinois State Historical Library or the
4Historic Preservation Agency's Historical Library Division
5shall be administered by the Agency. All gifts made
6specifically to the Illinois State Historical Library shall
7remain at all times within the Agency.
 
8    Section 3-55. Director of the Library; historical
9collections. The Director of the Library may and is hereby
10required to make all necessary rules, regulations, and bylaws
11not inconsistent with law to carry into effect the purpose of
12this Act and to procure from time to time as may be possible
13and practicable, at reasonable costs, all books, pamphlets,
14manuscripts, monographs, writings, and other material of
15historical interest and useful to the historical bearing upon
16the political, physical, religious, or social history of the
17State of Illinois from the earliest known period of time. The
18Director of the Library may exchange any books, pamphlets,
19manuscripts, records or other material which the Library may
20acquire that are of no historical interest of for any reason
21are of no value to it, with another library, school, or
22historical society. The Director of the Library shall
23distribute volumes of the series known as the Illinois
24Historical Collection now in print, and to be printed to all
25may apply for same and who pay to the Library for such volumes

 

 

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1an amount fixed by the Director sufficient to cover the
2expenses of printing and distributing each volumes received by
3such applicants. However, the Director of the Library shall
4have authority to furnish 25 of each of the volumes of the
5Illinois Historical Collection, free of charge, to each of the
6authors and editors of the collection or part thereof, to
7furnish, as in his or her discretion he or she deems necessary
8or desirable, a reasonable number of each of the volumes of the
9collections without charge to archives, libraries and similar
10institutions from which materials has been drawn or assistance
11has been given in the preparation of such Collections, and to
12the officials thereof, and to furnish, as in his or her
13discretion he or she deems necessary or desirable, a reasonable
14number of each of the volumes of the collections without charge
15to the University of Illinois library and to instructor and
16officials of that University, and to the public libraries in
17the State of Illinois. The Director of the Library may also
18make exchanges of Historical Collections with any other
19library, school, or historical society, and to distribute
20volumes of collections for review purposes.
 
21    Section 3-60. State Historical Library. The rights,
22powers, and duties vested by law in the State Historical
23Library or any office, division or bureau thereof are hereby
24transferred to the Division of Historical Sites.
 

 

 

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1    Section 3-65. Separation from the Historic Preservation
2Agency. On the effective date of this Act, all of the powers,
3duties, assets, liabilities, employees, contracts, property,
4including any items formerly contained in the Illinois State
5Historical Library now presently held in the Abraham Lincoln
6Presidential Library and Museum, records, pending business,
7and unexpanded appropriations of the Historic Preservation
8Agency related to the administration and enforcement of Section
917, 32, and of the Historic Preservation Agency Act (now
10repealed) are transferred to the Agency created under this Act.
11The status and rights of the transferred employees, and the
12rights of the State of Illinois and its agencies, under the
13Personnel Code and applicable collective bargaining agreements
14or under any pension, retirement, or annuity plan are not
15affected (except as provided in Sections 14-110 and 18-127 of
16the Illinois Pension Code) by that transfer or by any other
17provision of this Act. Staff hired on or after the effective
18date of this Act shall not be subject to the Personnel Code or
19any applicable collective bargaining agreement.
 
20
Article IV.

 
21    (20 ILCS 605/605-300 rep.)
22    Section 4-5. The Department of Commerce and Economic
23Opportunity Law of the Civil Administrative Code of Illinois is
24amended by repealing Section 605-300.
 

 

 

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1    (20 ILCS 3405 rep.)
2    Section 4-10. The Historic Preservation Agency Act is
3repealed.
 
4    (20 ILCS 3425 rep.)
5    Section 4-15. The State Historical Library Act is repealed.
 
6
Article V.

 
7    Section 5-99. Effective date. This Act takes effect upon
8becoming law.".