Public Act 100-0695
 
HB5686 EnrolledLRB100 17792 SLF 32971 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Employee Housing Act is amended by
changing Sections 5-5, 5-15, 5-20, 5-25, 5-30, and 5-35 as
follows:
 
    (5 ILCS 412/5-5)
    Sec. 5-5. Policy development. The Department of
Corrections, the Department of Natural Resources Historic
Preservation Agency, the University of Illinois, and the
University of Illinois Foundation shall each develop a policy
on housing for State employees that addresses the following:
        (1) Purpose of providing housing.
        (2) Application procedures.
        (3) Eligibility.
        (4) Tenant selection criteria.
        (5) Accounting for housing in employee compensation.
        (6) Employee responsibilities that necessitate
    State-provided housing.
        (7) Procedures for setting and adjusting rent,
    security deposits, and utility payments.
        (8) Documented justification for State ownership of
    each house or property.
(Source: P.A. 97-916, eff. 8-9-12.)
 
    (5 ILCS 412/5-15)
    Sec. 5-15. Rental housing. The Department of Corrections,
the Department of Natural Resources Historic Preservation
Agency, the Department of Transportation, the University of
Illinois, and the University of Illinois Foundation shall each
analyze the need for providing low-rent housing to its
employees and shall consider alternatives to State-owned
housing. Rent charged for State-owned housing shall be
evaluated every 3 years for adjustments, including that
necessitated by changing economic conditions.
(Source: P.A. 97-916, eff. 8-9-12.)
 
    (5 ILCS 412/5-20)
    Sec. 5-20. Security deposit. The Department of
Corrections, the Department of Transportation, the Department
of Natural Resources Historic Preservation Agency, the
University of Illinois, and the University of Illinois
Foundation shall each analyze the need for all employee and
non-employee tenants of State-owned housing to pay a reasonable
security deposit and may each collect security deposits and
maintain them in interest-bearing accounts.
(Source: P.A. 97-916, eff. 8-9-12.)
 
    (5 ILCS 412/5-25)
    Sec. 5-25. Utilities. The Department of Corrections, the
Department of Natural Resources Historic Preservation Agency,
and the University of Illinois may each require its employees
for whom it provides housing to pay their own utilities. If
direct utility payment is required, a utility schedule shall be
established for employees who can not directly pay utilities
due to extenuating circumstances, such as occupancy of
dormitories not individually metered.
(Source: P.A. 97-916, eff. 8-9-12.)
 
    (5 ILCS 412/5-30)
    Sec. 5-30. Tenant selection. The Department of
Corrections, the Department of Natural Resources Historic
Preservation Agency, the Department of Transportation, the
University of Illinois, and the University of Illinois
Foundation shall each develop and maintain application forms
for its State-owned housing, written criteria for selecting
employee tenants, and records of decisions as to who was
selected to receive State housing and why they were selected.
(Source: P.A. 97-916, eff. 8-9-12.)
 
    (5 ILCS 412/5-35)
    Sec. 5-35. Housing justification. The Department of
Natural Resources Historic Preservation Agency, and the
University of Illinois shall each develop written criteria for
determining which employment positions necessitate provision
of State housing. The criteria shall include the specific
employee responsibilities that can only be performed
effectively by occupying State housing.
(Source: P.A. 97-916, eff. 8-9-12.)
 
    Section 7. The Department of Natural Resources Act is
amended by adding Section 1-45 as follows:
 
    (20 ILCS 801/1-45 new)
    Sec. 1-45. Report on transfer of the powers and duties of
the Historic Preservation Agency to the Department.
    The Department of Natural Resources shall, on or before
December 31, 2018 and annually thereafter for 3 calendar years,
provide a report to the General Assembly that includes an
analysis of the effect the transfer of the powers and duties
from the Historic Preservation Agency to the Department under
this amendatory Act of the 100th General Assembly had on State
government and State taxpayers. The report shall also include
recommendations for further legislation relating to the
implementation of the reorganization. A copy of each report
shall be filed with the General Assembly as provided under
Section 3.1 of the General Assembly Organization Act.
 
    Section 10. The Interagency Wetland Policy Act of 1989 is
amended by changing Section 2-1 as follows:
 
    (20 ILCS 830/2-1)  (from Ch. 96 1/2, par. 9702-1)
    Sec. 2-1. Interagency Wetlands Committee. An Interagency
Wetlands Committee, chaired by the Director of Natural
Resources or his or her representative, is established. The
Directors of the following agencies, or their respective
representatives, shall serve as members of the Committee:
    Capital Development Board,
    Department of Agriculture,
    Department of Commerce and Economic Opportunity,
    Environmental Protection Agency, and
    Department of Transportation. , and
    Historic Preservation Agency.
    The Interagency Wetlands Committee shall also include 2
additional persons with relevant expertise designated by the
Director of Natural Resources.
    The Interagency Wetlands Committee shall advise the
Director in the administration of this Act. This will include:
        (a) Developing rules and regulations for the
    implementation and administration of this Act.
        (b) Establishing guidelines for developing individual
    Agency Action Plans.
        (c) Developing and adopting technical procedures for
    the consistent identification, delineation and evaluation
    of existing wetlands and quantification of their
    functional values and the evaluation of wetland
    restoration or creation projects.
        (d) Developing a research program for wetland
    function, restoration and creation.
        (e) Preparing reports, including:
            (1) A biennial report to the Governor and the
        General Assembly on the impact of State supported
        activities on wetlands.
            (2) A comprehensive report on the status of the
        State's wetland resources, including recommendations
        for additional programs, by January 15, 1991.
        (f) Development of educational materials to promote
    the protection of wetlands.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    Section 15. The State Parks Designation Act is amended by
changing Section 1 as follows:
 
    (20 ILCS 840/1)  (from Ch. 105, par. 468g)
    Sec. 1. The following described areas are designated State
Parks and have the names herein ascribed to them:
    Adeline Jay Geo-Karis Illinois Beach State Park, in Lake
County;
    Apple River Canyon State Park, in Jo Daviess County;
    Argyle Lake State Park, in McDonough County;
    Beaver Dam State Park, in Macoupin County;
    Buffalo Rock State Park, in La Salle County;
    Castle Rock State Park, in Ogle County;
    Cave-in-Rock State Park, in Hardin County;
    Chain O'Lakes State Park, in Lake and McHenry Counties;
    Delabar State Park, in Henderson County;
    Dixon State Park, in Lee County;
    Dixon Springs State Park, in Pope County;
    Eagle Creek State Park, in Shelby County;
    Eldon Hazlet State Park, in Clinton County;
    Ferne Clyffe State Park, in Johnson County;
    Fort Creve Coeur State Park, in Tazewell County;
    Fort Defiance State Park, in Alexander County;
    Fort Massac State Park, in Massac County;
    Fox Ridge State Park, in Coles County;
    Frank Holten State Park, in St. Clair County;
    Funk's Grove State Park, in McLean County;
    Gebhard Woods State Park, in Grundy County;
    Giant City State Park, in Jackson and Union Counties;
    Goose Lake Prairie State Park, in Grundy County;
    Hazel and Bill Rutherford Wildlife Prairie State Park, in
Peoria County;
    Hennepin Canal Parkway State Park, in Bureau, Henry, Rock
Island, Lee and Whiteside Counties;
    Horseshoe Lake State Park, in Madison and St. Clair
Counties;
    Illini State Park, in La Salle County;
    Illinois and Michigan Canal State Park, in the counties of
Cook, Will, Grundy, DuPage and La Salle;
    Johnson Sauk Trail State Park, in Henry County;
    Jubilee College State Park, in Peoria County, excepting
Jubilee College State Historic Site as described in Section 7.1
of the Historic Preservation Agency Act;
    Kankakee River State Park, in Kankakee and Will Counties;
    Kickapoo State Park, in Vermilion County;
    Lake Le-Aqua-Na State Park, in Stephenson County;
    Lake Murphysboro State Park, in Jackson County;
    Laurence C. Warren State Park, in Cook County;
    Lincoln Trail Homestead State Park, in Macon County;
    Lincoln Trail State Park, in Clark County;
    Lowden State Park, in Ogle County;
    Matthiessen State Park, in La Salle County;
    McHenry Dam and Lake Defiance State Park, in McHenry
County;
    Mississippi Palisades State Park, in Carroll County;
    Moraine View State Park, in McLean County;
    Morrison-Rockwood State Park, in Whiteside County;
    Nauvoo State Park, in Hancock County, containing Horton
Lake;
    Pere Marquette State Park, in Jersey County;
    Prophetstown State Park, in Whiteside County;
    Pyramid State Park, in Perry County;
    Railsplitter State Park, in Logan County;
    Ramsey Lake State Park, in Fayette County;
    Red Hills State Park, in Lawrence County;
    Rock Cut State Park, in Winnebago County, containing Pierce
Lake;
    Rock Island Trail State Park, in Peoria and Stark Counties;
    Sam Parr State Park, in Jasper County;
    Sangchris Lake State Park, in Christian and Sangamon
Counties;
    Shabbona Lake and State Park, in DeKalb County;
    Siloam Springs State Park, in Brown and Adams Counties;
    Silver Springs State Park, in Kendall County;
    South Shore State Park, in Clinton County;
    Spitler Woods State Park, in Macon County;
    Starved Rock State Park, in La Salle County;
    Stephen A. Forbes State Park, in Marion County;
    Walnut Point State Park, in Douglas County;
    Wayne Fitzgerrell State Park, in Franklin County;
    Weinberg-King State Park, in Schuyler County;
    Weldon Springs State Park, in DeWitt County;
    White Pines Forest State Park, in Ogle County;
    William G. Stratton State Park, in Grundy County;
    Wolf Creek State Park, in Shelby County.
(Source: P.A. 94-1042, eff. 7-24-06.)
 
    Section 20. The Outdoor Recreation Resources Act is amended
by changing Sections 2a, 3a, 4a, and 5a as follows:
 
    (20 ILCS 860/2a)  (from Ch. 105, par. 532a)
    Sec. 2a. The Department of Natural Resources Historic
Preservation Agency is authorized to have prepared with the
Department of Commerce and Economic Opportunity and to
maintain, and keep up-to-date a comprehensive plan for the
preservation of the historically significant properties and
interests of the State.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    (20 ILCS 860/3a)  (from Ch. 105, par. 533a)
    Sec. 3a. The Department of Natural Resources Historic
Preservation Agency is authorized to survey, design, develop,
operate, and maintain historically significant properties and
interests of the State; and to acquire land, waters,
structures, and interests in land, waters and structures for
such historic properties and interests. It may enter into
contracts and agreements with the United States or any
appropriate agency thereof, keep financial and other records
relating thereto, and furnish to appropriate officials and
agencies of the United States such reports and information as
may be reasonably necessary to enable such officials and
agencies to perform their duties under such programs. In
connection with obtaining for the State of Illinois the
benefits of any such program, the Department of Natural
Resources Historic Preservation Agency shall coordinate its
activities with and represent the interests of individuals,
private organizations and units of government in the survey,
planning and development of historically significant
properties and interests in the State.
(Source: P.A. 84-25.)
 
    (20 ILCS 860/4a)  (from Ch. 105, par. 534a)
    Sec. 4a. The Department of Natural Resources Historic
Preservation Agency is authorized to receive Federal monies for
the survey, acquisition, planning and development of
historically significant properties and interests. Monies so
received shall be placed in the Illinois Historic Sites Fund in
the State Treasury. The State Treasurer shall, ex officio, be
the custodian of such fund. Subject to appropriation, such fund
shall be drawn upon by the Department Agency or disbursed by
the State Treasurer to local governmental units or other
qualified participants upon the direction of the Department
Agency.
(Source: P.A. 84-25.)
 
    (20 ILCS 860/5a)  (from Ch. 105, par. 535a)
    Sec. 5a. Projects involving participating Federal-aid
funds may be undertaken by the Department of Natural Resources
Historic Preservation Agency after it has been determined that
sufficient funds are available to the Department Agency for
meeting the non-federal share of project costs. It is the
legislative intent that, to such extent as may be necessary to
assure the proper operation, maintenance and preservation of
historic properties and interests surveyed, acquired or
developed pursuant to any program participated in by this State
under authority of this Act, such historic properties and
interests shall be publicly maintained for historic
preservation purposes. The Department of Natural Resources
Historic Preservation Agency may enter into and administer
agreements with the United States or any appropriate agency
thereof for survey, planning, acquisition, development and
preservation projects involving participating Federal-aid
funds on behalf of any county, city, other governmental unit or
qualified participant provided such county, city, other local
governmental unit or qualified participant gives necessary
assurances to the Department of Natural Resources Historic
Preservation Agency that it has available sufficient funds to
meet its share of the cost of the project and that the
surveyed, acquired or developed historic properties and
interests will be operated and maintained at its expense for
historic preservation purposes.
(Source: P.A. 84-25.)
 
    Section 25. The Historic Preservation Agency Act is amended
by changing Sections 1, 2, 6, 8, 11, 12, 13, 14, 15, 16, 19, 22,
and 35 and by adding Sections 3.1 and 4.5 as follows:
 
    (20 ILCS 3405/1)  (from Ch. 127, par. 2701)
    Sec. 1. This Article shall be known and may be cited as the
"Historic Preservation Agency Act".
(Source: P.A. 84-25.)
 
    (20 ILCS 3405/2)  (from Ch. 127, par. 2702)
    Sec. 2. For the purposes of this Act:
    (a) (Blank); "Agency" means the Historic Preservation
Agency;
    (b) (Blank); "Board" means the Board of Trustees of the
Historic Preservation Agency;
    (b-5) "Department" means the Department of Natural
Resources.
    (c) "Director" means the Director of Natural Resources
Historic Sites and Preservation;
    (d) (Blank);
    (e) (Blank);
    (f) (Blank); and
    (g) "Historic Sites and Preservation Division" means the
Division of Historic Preservation within the Department of
Natural Resources that part of the Agency that is headed by the
Director of Historic Sites and Preservation.
(Source: P.A. 100-120, eff. 8-18-17.)
 
    (20 ILCS 3405/3.1 new)
    Sec. 3.1. Agency abolished; functions transferred.
    (a) On the effective date of this amendatory Act of the
100th General Assembly, the Historic Preservation Agency,
including the Board of Trustees, is hereby abolished and all
powers, duties, rights, and responsibilities of the Historic
Preservation Agency, except those functions relating to the
Abraham Lincoln Presidential Library and Museum, shall be
transferred to the Department of Natural Resources. The powers,
duties, rights, and responsibilities related to the functions
of the Historic Preservation Agency transferred under this this
amendatory Act of the 100th General Assembly shall be vested in
and shall be exercised by the Department of Natural Resources.
Each act done in the exercise of those powers, duties, rights,
and responsibilities shall have the same legal effect as if
done by the Historic Preservation Agency or its divisions,
officers, or employees.
    (b) The personnel and positions within the Historic
Preservation Agency shall be transferred to the Department of
Natural Resources and shall continue their service within the
Department of Natural Resources. The status and rights of those
employees under the Personnel Code shall not be affected by
this amendatory Act of the 100th General Assembly. The status
and rights of the employees and the State of Illinois and its
agencies under the Personnel Code, the Illinois Public Labor
Relations Act, and applicable collective bargaining agreements
or under any pension, retirement, or annuity plan, shall not be
affected by this amendatory Act of the 100th General Assembly.
    (c) All books, records, papers, documents, property (real
and personal), contracts, causes of action, and pending
business pertaining to the powers, duties, rights, and
responsibilities transferred by this amendatory Act of the
100th General Assembly from the Historic Preservation Agency to
the Department of Natural Resources, including, but not limited
to, material in electronic or magnetic format and necessary
computer hardware and software, shall be transferred to the
Department of Natural Resources.
    (d) With respect to the functions of the Historic
Preservation Agency transferred under this amendatory Act of
the 100th General Assembly, the Department of Natural Resources
is the successor agency to the Historic Preservation Agency
under the Successor Agency Act and Section 9b of the State
Finance Act. All unexpended appropriations and balances and
other funds available for use by the Historic Preservation
Agency shall, under the direction of the Governor, be
transferred for use by the Department of Natural Resources in
accordance with this amendatory Act of the 100th General
Assembly. Unexpended balances so transferred shall be expended
by the Department of Natural Resources only for the purpose for
which the appropriations were originally made.
    (e) The manner in which any official is appointed, except
that when any provision of an Executive Order or Act provides
for the membership of the Historic Preservation Agency on any
council, commission, board, or other entity, the Director of
Natural Resources or his or her designee shall serve in that
place; if more than one person is required by law to serve on
any council, commission, board, or other entity, then an
equivalent number of representatives of the Department of
Natural Resources shall so serve.
    (f) Whenever reports or notices are required to be made or
given or papers or documents furnished or served by any person
to or upon the Historic Preservation Agency in connection with
any of the powers, duties, rights, or responsibilities
transferred by this amendatory Act of the 100th General
Assembly, the same shall be made, given, furnished, or served
in the same manner to or upon the Department of Natural
Resources.
    (g) Any rules of the Historic Preservation Agency that
relate to its powers, duties, rights, and responsibilities and
are in full force on the effective date of this amendatory Act
of the 100th General Assembly shall become the rules of the
Department of Natural Resources. This amendatory Act of the
100th General Assembly does not affect the legality of any of
those rules in the Illinois Administrative Code. Any proposed
rule filed with the Secretary of State by the Historic
Preservation Agency that is pending in the rulemaking process
on the effective date of this amendatory Act of the 100th
General Assembly and pertain to the powers, duties, rights, and
responsibilities transferred, shall be deemed to have been
filed by the Department of Natural Resources. As soon as
practicable hereafter, the Department of Natural Resources
shall revise and clarify the rules transferred to it under this
amendatory Act of the 100th General Assembly to reflect the
reorganization of powers, duties, rights, and responsibilities
affected by this amendatory Act of the 100th General Assembly,
using the procedures for recodification of rules available
under the Illinois Administrative Procedure Act, except that
existing title, part, and section numbering for the affected
rules may be retained. On and after the effective date of this
amendatory Act of the 100th General Assembly, the Department of
Natural Resources may propose and adopt, under the Illinois
Administrative Procedure Act, any other rules that relate to
the functions of the Historic Preservation Agency transferred
to and that will now be administered by the Department of
Natural Resources.
    (h) The transfer of powers, duties, rights, and
responsibilities to the Department of Natural Resources under
this amendatory Act of the 100th General Assembly does not
affect any person's rights, obligations, or duties, including
any civil or criminal penalties applicable, arising out of
those transferred powers, duties, rights, and
responsibilities.
    (i) This amendatory Act of the 100th General Assembly does
not affect any act done, ratified, or canceled, or any right
occurring or established, or any action or proceeding had or
commenced in an administrative, civil, or criminal cause by the
Historic Preservation Agency before the effective date of this
amendatory Act of the 100th General Assembly; those actions or
proceedings may be defended, prosecuted, or continued by the
Department of Natural Resources.
    (j) This amendatory Act of the 100th General Assembly does
not contravene, and shall not be construed to contravene, any
State statute except as provided in this Section or federal
law.
 
    (20 ILCS 3405/4.5 new)
    Sec. 4.5. Division of Historic Preservation.
    On and after the effective date this amendatory Act of the
100th General Assembly, the Division of Historic Preservation
of the Department of Natural Resources Office of Land
Management shall exercise all rights, powers, and duties vested
in the Historic Sites and Preservation Division. The head of
the Division shall be known as the Division Manager of Historic
Preservation. The Department of Natural Resources may employ or
retain other persons to assist in the discharge of its
functions under this Act, subject to the Personnel Code and any
other applicable Department policies.
 
    (20 ILCS 3405/6)  (from Ch. 127, par. 2706)
    Sec. 6. Jurisdiction. The Historic Sites and Preservation
Division of the Department Agency shall have jurisdiction over
the following described areas which are hereby designated as
State Historic Sites, State Memorials, and Miscellaneous
Properties:
 
State Historic Sites
    Bishop Hill State Historic Site, Henry County;
    Black Hawk State Historic Site, Rock Island County;
    Bryant Cottage State Historic Site, Piatt County;
    Buel House, Pope County;
    Cahokia Courthouse State Historic Site, St. Clair County;
    Cahokia Mounds State Historic Site, in Madison and St.
        Clair Counties (however, the Illinois State Museum
        shall act as curator of artifacts pursuant to the
        provisions of the Archaeological and Paleontological
        Resources Protection Act);
    Dana-Thomas House State Historic Site, Sangamon County;
    David Davis Mansion State Historic Site, McLean County;
    Douglas Tomb State Historic Site, Cook County;
    Fort de Chartres State Historic Site, Randolph County;
    Fort Kaskaskia State Historic Site, Randolph County;
    Grand Village of the Illinois, LaSalle County;
    U. S. Grant Home State Historic Site, Jo Daviess County;
    Hotel Florence, Cook County;
    Jarrot Mansion State Historic Site, St. Clair County;
    Jubilee College State Historic Site, Peoria County;
    Lincoln-Herndon Law Offices State Historic Site, Sangamon
        County;
    Lincoln Log Cabin State Historic Site, Coles County;
    Lincoln's New Salem State Historic Site, Menard County;
    Lincoln Tomb State Historic Site, Sangamon County;
    Pierre Menard Home State Historic Site, Randolph County;
    Metamora Courthouse State Historic Site, Woodford County;
    Moore Home State Historic Site, Coles County;
    Mount Pulaski Courthouse State Historic Site, Logan
        County;
    Old Market House State Historic Site, Jo Daviess County;
    Old State Capitol State Historic Site, Sangamon County;
    Postville Courthouse State Historic Site, Logan County;
    Pullman Factory, Cook County;
    Rose Hotel, Hardin County;
    Carl Sandburg State Historic Site, Knox County;
    Shawneetown Bank State Historic Site, Gallatin County;
    Vachel Lindsay Home, Sangamon County;
    Vandalia State House State Historic Site, Fayette County;
        and
    Washburne House State Historic Site, Jo Daviess County.
 
State Memorials
    Campbell's Island State Memorial, Rock Island County;
    Governor Bond State Memorial, Randolph County;
    Governor Coles State Memorial, Madison County;
    Governor Horner State Memorial, Cook County;
    Governor Small State Memorial, Kankakee County;
    Illinois Vietnam Veterans State Memorial, Sangamon County;
    Kaskaskia Bell State Memorial, Randolph County;
    Korean War Memorial, Sangamon County;
    Lewis and Clark State Memorial, Madison County;
    Lincoln Monument State Memorial, Lee County;
    Lincoln Trail State Memorial, Lawrence County;
    Lovejoy State Memorial, Madison County;
    Norwegian Settlers State Memorial, LaSalle County; and
    Wild Bill Hickok State Memorial, LaSalle County.
 
Miscellaneous Properties
    Albany Mounds, Whiteside County;
    Emerald Mound, St. Clair County;
    Halfway Tavern, Marion County;
    Hofmann Tower, Cook County; and
    Kincaid Mounds, Massac and Pope Counties.
(Source: P.A. 92-600, eff. 7-1-02.)
 
    (20 ILCS 3405/8)
    Sec. 8. Business plans. The Department Agency shall create
an individual business plan for each historic site related to
Abraham Lincoln that is listed in Section 6 of this Act. Each
business plan must address ways to enhance tourism at the
historic site and the historic aspect of each site. The
Department Agency may seek assistance from the Department of
Commerce and Economic Opportunity when creating the business
plans. The Department Agency shall complete the business plans
no later than January 1, 2008.
(Source: P.A. 95-156, eff. 8-14-07.)
 
    (20 ILCS 3405/11)  (from Ch. 127, par. 2711)
    Sec. 11. The Historic Sites and Preservation Division of
the Department Agency shall exercise all rights, powers and
duties vested in the Department of Conservation by the
"Illinois Historic Preservation Act", approved August 14,
1976, as amended.
(Source: P.A. 92-600, eff. 7-1-02.)
 
    (20 ILCS 3405/12)  (from Ch. 127, par. 2712)
    Sec. 12. The Historic Sites and Preservation Division of
the Department Agency shall exercise all rights, powers and
duties vested in the Department of Conservation by Section
63a34 of the Civil Administrative Code of Illinois (renumbered;
now Section 805-220 of the Department of Natural Resources
(Conservation) Law, 20 ILCS 805/805-220).
(Source: P.A. 91-239, eff. 1-1-00; 92-600, eff. 7-1-02.)
 
    (20 ILCS 3405/13)  (from Ch. 127, par. 2713)
    Sec. 13. The Historic Sites and Preservation Division of
the Department Agency shall exercise all rights, powers and
duties vested in the Department of Conservation by "An Act
relating to the planning, acquisition and development of
outdoor recreation resources and facilities, and authorizing
the participation by the State of Illinois its political
subdivisions and qualified participants in programs of Federal
assistance relating thereto", approved July 6, 1965, as
amended, solely as it relates to the powers, rights, duties and
obligations heretofore exercised by the Department of
Conservation over historically significant properties and
interests of the State.
(Source: P.A. 92-600, eff. 7-1-02.)
 
    (20 ILCS 3405/14)  (from Ch. 127, par. 2714)
    Sec. 14. The Historic Sites and Preservation Division of
the Department Agency shall exercise all rights, powers and
duties set forth in Sections 10-40 through 10-85 of the
Property Tax Code.
(Source: P.A. 92-600, eff. 7-1-02.)
 
    (20 ILCS 3405/15)  (from Ch. 127, par. 2715)
    Sec. 15. The Historic Sites and Preservation Division of
the Department Agency shall exercise all rights, powers and
duties vested in the Department of Conservation by Section
4-201.5 of the "Illinois Highway Code", approved June 8, 1959,
as amended, solely as it relates to access to historic sites
and memorials designated pursuant to this Act.
(Source: P.A. 92-600, eff. 7-1-02.)
 
    (20 ILCS 3405/16)  (from Ch. 127, par. 2716)
    Sec. 16. The Historic Sites and Preservation Division of
the Department Agency shall have the following additional
powers:
    (a) To hire agents and employees necessary to carry out the
duties and purposes of the Historic Sites and Preservation
Division of the Department Agency.
    (b) To take all measures necessary to erect, maintain,
preserve, restore, and conserve all State Historic Sites and
State Memorials, except when supervision and maintenance is
otherwise provided by law. This authorization includes the
power, with the consent of the Board, to enter into contracts,
acquire and dispose of real and personal property, and enter
into leases of real and personal property. The Department
Agency has the power to acquire, for purposes authorized by
law, any real property in fee simple subject to a life estate
in the seller in not more than 3 acres of the real property
acquired, subject to the restrictions that the life estate
shall be used for residential purposes only and that it shall
be non-transferable.
    (c) To provide recreational facilities, including
campsites, lodges and cabins, trails, picnic areas, and related
recreational facilities, at all sites under the jurisdiction of
the Department Agency.
    (d) To lay out, construct, and maintain all needful roads,
parking areas, paths or trails, bridges, camp or lodge sites,
picnic areas, lodges and cabins, and any other structures and
improvements necessary and appropriate in any State historic
site or easement thereto; and to provide water supplies, heat
and light, and sanitary facilities for the public and living
quarters for the custodians and keepers of State historic
sites.
    (e) To grant licenses and rights-of-way within the areas
controlled by the Historic Sites and Preservation Division of
the Department Agency for the construction, operation, and
maintenance upon, under or across the property, of facilities
for water, sewage, telephone, telegraph, electric, gas, or
other public service, subject to the terms and conditions as
may be determined by the Department Agency.
    (f) To authorize the officers, employees, and agents of the
Historic Sites and Preservation Division of the Department
Agency, for the purposes of investigation and to exercise the
rights, powers, and duties vested and that may be vested in it,
to enter and cross all lands and waters in this State, doing no
damage to private property.
    (g) To transfer jurisdiction of or exchange any realty
under the control of the Historic Sites and Preservation
Division of the Department Agency to any other Department of
the State Government, or to any agency of the Federal
Government, or to acquire or accept Federal lands, when any
transfer, exchange, acquisition, or acceptance is advantageous
to the State and is approved in writing by the Governor.
    (h) To erect, supervise, and maintain all public monuments
and memorials erected by the State, except when the supervision
and maintenance of public monuments and memorials is otherwise
provided by law.
    (i) To accept, hold, maintain, and administer, as trustee,
property given in trust for educational or historic purposes
for the benefit of the People of the State of Illinois and to
dispose, with the consent of the Board, of any property under
the terms of the instrument creating the trust.
    (j) To lease concessions on any property under the
jurisdiction of the Department Agency for a period not
exceeding 25 years and to lease a concession complex at
Lincoln's New Salem State Historic Site for which a cash
incentive has been authorized under Section 5.1 of this the
Historic Preservation Agency Act for a period not to exceed 40
years. All leases, for whatever period, shall be made subject
to the written approval of the Governor. All concession leases
extending for a period in excess of 10 years, will contain
provisions for the Department Agency to participate, on a
percentage basis, in the revenues generated by any concession
operation.
    The Department Agency is authorized to allow for provisions
for a reserve account and a leasehold account within Department
Agency concession lease agreements for the purpose of setting
aside revenues for the maintenance, rehabilitation, repair,
improvement, and replacement of the concession facility,
structure, and equipment of the Department Agency that are part
of the leased premises.
    The lessee shall be required to pay into the reserve
account a percentage of gross receipts, as set forth in the
lease, to be set aside and expended in a manner acceptable to
the Department Agency by the concession lessee for the purpose
of ensuring that an appropriate amount of the lessee's moneys
are provided by the lessee to satisfy the lessee's incurred
responsibilities for the operation of the concession facility
under the terms and conditions of the concession lease.
    The lessee account shall allow for the amortization of
certain authorized expenses that are incurred by the concession
lessee but that are not an obligation of the lessee under the
terms and conditions of the lease agreement. The Department
Agency may allow a reduction of up to 50% of the monthly rent
due for the purpose of enabling the recoupment of the lessee's
authorized expenditures during the term of the lease.
    (k) To sell surplus agricultural products grown on land
owned by or under the jurisdiction of the Historic Sites and
Preservation Division of the Department Agency, when the
products cannot be used by the Department Agency.
    (l) To enforce the laws of the State and the rules and
regulations of the Department Agency in or on any lands owned,
leased, or managed by the Historic Sites and Preservation
Division of the Department Agency.
    (m) To cooperate with private organizations and agencies of
the State of Illinois by providing areas and the use of staff
personnel where feasible for the sale of publications on the
historic and cultural heritage of the State and craft items
made by Illinois craftsmen. These sales shall not conflict with
existing concession agreements. The Historic Sites and
Preservation Division of the Department Agency is authorized to
negotiate with the organizations and agencies for a portion of
the monies received from sales to be returned to the Historic
Sites and Preservation Division of the Department's Agency's
Historic Sites Fund for the furtherance of interpretive and
restoration programs.
    (n) To establish local bank or savings and loan association
accounts, upon the written authorization of the Director, to
temporarily hold income received at any of its properties. The
local accounts established under this Section shall be in the
name of the Department Historic Preservation Agency and shall
be subject to regular audits. The balance in a local bank or
savings and loan association account shall be forwarded to the
Department Agency for deposit with the State Treasurer on
Monday of each week if the amount to be deposited in a fund
exceeds $500.
    No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established under Section 6 of
the Public Funds Investment Act.
    (o) To accept, with the consent of the Board, offers of
gifts, gratuities, or grants from the federal government, its
agencies, or offices, or from any person, firm, or corporation.
    (p) To make reasonable rules and regulations as may be
necessary to discharge the duties of the Department Agency.
    (q) With appropriate cultural organizations, to further
and advance the goals of the Department Agency.
    (r) To make grants for the purposes of planning, survey,
rehabilitation, restoration, reconstruction, landscaping, and
acquisition of Illinois properties (i) designated individually
in the National Register of Historic Places, (ii) designated as
a landmark under a county or municipal landmark ordinance, or
(iii) located within a National Register of Historic Places
historic district or a locally designated historic district
when the Director determines that the property is of historic
significance whenever an appropriation is made therefor by the
General Assembly or whenever gifts or grants are received for
that purpose and to promulgate regulations as may be necessary
or desirable to carry out the purposes of the grants.
    Grantees may, as prescribed by rule, be required to provide
matching funds for each grant. Grants made under this
subsection shall be known as Illinois Heritage Grants.
    Every owner of a historic property, or the owner's agent,
is eligible to apply for a grant under this subsection.
    (s) To establish and implement a pilot program for charging
admission to State historic sites. Fees may be charged for
special events, admissions, and parking or any combination;
fees may be charged at all sites or selected sites. All fees
shall be deposited into the Illinois Historic Sites Fund. The
Historic Sites and Preservation Division of the Department
Agency shall have the discretion to set and adjust reasonable
fees at the various sites, taking into consideration various
factors, including, but not limited to: cost of services
furnished to each visitor, impact of fees on attendance and
tourism, and the costs expended collecting the fees. The
Department Agency shall keep careful records of the income and
expenses resulting from the imposition of fees, shall keep
records as to the attendance at each historic site, and shall
report to the Governor and General Assembly by January 31 after
the close of each year. The report shall include information on
costs, expenses, attendance, comments by visitors, and any
other information the Department Agency may believe pertinent,
including:
        (1) Recommendations as to whether fees should be
    continued at each State historic site.
        (2) How the fees should be structured and imposed.
        (3) Estimates of revenues and expenses associated with
    each site.
    (t) To provide for overnight tent and trailer campsites and
to provide suitable housing facilities for student and juvenile
overnight camping groups. The Historic Sites and Preservation
Division of the Department Agency shall charge rates similar to
those charged by the Department of Conservation for the same or
similar facilities and services.
    (u) To engage in marketing activities designed to promote
the sites and programs administered by the Department Agency.
In undertaking these activities, the Department Agency may take
all necessary steps with respect to products and services,
including, but not limited to, retail sales, wholesale sales,
direct marketing, mail order sales, telephone sales,
advertising and promotion, purchase of product and materials
inventory, design, printing and manufacturing of new products,
reproductions, and adaptations, copyright and trademark
licensing and royalty agreements, and payment of applicable
taxes. In addition, the Department Agency shall have the
authority to sell advertising in its publications and printed
materials. All income from marketing activities shall be
deposited into the Illinois Historic Sites Fund.
(Source: P.A. 99-642, eff. 7-28-16.)
 
    (20 ILCS 3405/19)  (from Ch. 127, par. 2719)
    Sec. 19. Whenever personal property has been loaned to or
deposited with the Department Agency and held more than 25
years and no person has made claim upon the property, the
property shall be deemed abandoned and shall become the
property of the Department Agency. Provided, however, that in
order to perfect the title the Department Agency must
diligently seek to find the owner by writing to the owner at
the last known address by certified mail. If no claim is made
within 30 days of sending the certified letter, the Department
Agency shall publish in the official State newspaper and in a
local newspaper that distributes in the area of owner's last
known address a notice containing the name of the owner, a
description of the property, and the method of filing a claim.
If no person claims the property within 90 days after the
advertisement is published, title to the property vests in the
Department Agency.
(Source: P.A. 87-231.)
 
    (20 ILCS 3405/22)
    Sec. 22. Amistad Commission.
    (a) Purpose. The General Assembly finds and declares that
all people should know of and remember the human carnage and
dehumanizing atrocities committed during the period of the
African slave trade and slavery in America and of the vestiges
of slavery in this country; and it is in fact vital to educate
our citizens on these events, the legacy of slavery, the sad
history of racism in this country, and the principles of human
rights and dignity in a civilized society.
    It is the policy of the State of Illinois that the history
of the African slave trade, slavery in America, the depth of
their impact in our society, and the triumphs of
African-Americans and their significant contributions to the
development of this country is the proper concern of all
people, particularly students enrolled in the schools of the
State of Illinois.
    It is therefore desirable to create a Commission that, as
an organized body and on a continuous basis, will survey,
design, encourage, and promote the implementation of education
and awareness programs in Illinois that are concerned with the
African slave trade, slavery in America, the vestiges of
slavery in this country, and the contributions of
African-Americans in building our country; to develop
workshops, institutes, seminars, and other teacher training
activities designed to educate teachers on this subject matter;
and that will be responsible for the coordination of events on
a regular basis, throughout the State, that provide appropriate
memorialization of the events concerning the enslavement of
Africans and their descendants in America and their struggle
for freedom, liberty, and equality.
    (b) Amistad Commission. The Amistad Commission is created
within the Department Agency. The Commission is named to honor
the group of enslaved Africans transported in 1839 on a vessel
named the Amistad who overthrew their captors and created an
international incident that was eventually argued before the
Supreme Court and that shed a growing light on the evils of the
slave trade and galvanized a growing abolitionist movement
towards demanding the end of slavery in the United States.
    (c) Membership. The Commission shall consist of 15 members,
including 3 ex officio members: the State Superintendent of
Education or his or her designee, the Director of Commerce and
Economic Opportunity or his or her designee, and the Director
of Historic Sites and Preservation or his or her designee; and
12 public members. Public members shall be appointed as
follows:
        (i) 2 members appointed by the President of the Senate
    and one member appointed by the Minority Leader of the
    Senate;
        (ii) 2 members appointed by the Speaker of the House of
    Representatives and one member appointed by the Minority
    Leader of the House of Representatives; and
        (iii) 6 members, no more than 4 of whom shall be of the
    same political party, appointed by the Governor.
    The public members shall be residents of this State, chosen
with due regard to broad geographic representation and ethnic
diversity, who have served actively in organizations that
educate the public on the history of the African slave trade,
the contributions of African-Americans to our society, and
civil rights issues.
    Each public member of the Commission shall serve for a term
of 3 years, except that of the initial members so appointed:
one member appointed by the President of the Senate, one member
appointed by the Speaker of the House of Representatives, and 2
members appointed by the Governor shall serve for terms of one
year; the member appointed by the Minority Leader of the
Senate, one member appointed by the Speaker of the House of
Representatives, and 2 members appointed by the Governor shall
serve for terms of 2 years; and one member appointed by the
President of the Senate, the member appointed by the Minority
Leader of the House of Representatives, and 2 members appointed
by the Governor shall serve for terms of 3 years. Public
members shall be eligible for reappointment. They shall serve
until their successors are appointed and qualified, and the
term of the successor of any incumbent shall be calculated from
the expiration of the term of that incumbent. A vacancy
occurring other than by expiration of term shall be filled in
the same manner as the original appointment, but for the
unexpired term only.
    (d) Election of chairperson; meetings. At its first meeting
and annually thereafter, the Commission shall elect from among
its members a chairperson and other officers it considers
necessary or appropriate. After its first meeting, the
Commission shall meet at least quarterly, or more frequently at
the call of the chairperson or if requested by 9 or more
members.
    (e) Quorum. A majority of the members of the Commission
constitute a quorum for the transaction of business at a
meeting of the Commission. A majority of the members present
and serving is required for official action of the Commission.
    (f) Public meeting. All business that the Commission is
authorized to perform shall be conducted at a public meeting of
the Commission, held in compliance with the Open Meetings Act.
    (g) Freedom of Information. A writing prepared, owned,
used, in the possession of, or retained by the Commission in
the performance of an official function is subject to the
Freedom of Information Act.
    (h) Compensation. The members of the Commission shall serve
without compensation, but shall be entitled to reimbursement
for all necessary expenses incurred in the performance of their
official duties as members of the Commission from funds
appropriated for that purpose. Reimbursement for travel,
meals, and lodging shall be in accordance with the rules of the
Governor's Travel Control Board.
    (i) Duties. The Commission shall have the following
responsibilities and duties:
        (1) To provide, based upon the collective interest of
    the members and the knowledge and experience of the
    members, assistance and advice to schools within the State
    with respect to the implementation of education, awareness
    programs, textbooks, and educational materials concerned
    with the African slave trade, slavery in America, the
    vestiges of slavery in this country, and the contributions
    of African-Americans to our society.
        (2) To survey and catalog the extent and breadth of
    education concerning the African slave trade, slavery in
    America, the vestiges of slavery in this country, and the
    contributions of African-Americans to our society
    presently being incorporated into the curricula and
    textbooks and taught in the school systems of the State; to
    inventory those African slave trade, American slavery, or
    relevant African-American history memorials, exhibits, and
    resources that should be incorporated into courses of study
    at educational institutions, schools, and various other
    locations throughout the State; and to assist the State
    Board of Education and other State and educational agencies
    in the development and implementation of African slave
    trade, American slavery, and African-American history
    education programs.
        (3) To act as a liaison with textbook publishers,
    schools, public, private, and nonprofit resource
    organizations, and members of the United States Senate and
    House of Representatives and the Illinois Senate and House
    of Representatives in order to facilitate the inclusion of
    the history of African slavery and of African-Americans in
    this country in the curricula of public and nonpublic
    schools.
        (4) To compile a roster of individual volunteers who
    are willing to share their knowledge and experience in
    classrooms, seminars, and workshops with students and
    teachers on the subject of the African slave trade,
    American slavery, the impact of slavery on our society
    today, and the contributions of African-Americans to our
    country.
        (5) To coordinate events memorializing the African
    slave trade, American slavery, and the history of
    African-Americans in this country that reflect the
    contributions of African-Americans in overcoming the
    burdens of slavery and its vestiges, and to seek volunteers
    who are willing and able to participate in commemorative
    events that will enhance student awareness of the
    significance of the African slave trade, American slavery,
    its historical impact, and the struggle for freedom.
        (6) To prepare reports for the Governor and the General
    Assembly regarding its findings and recommendations on
    facilitating the inclusion of the African slave trade,
    American slavery studies, African-American history, and
    special programs in the educational system of the State.
        (7) To develop, in consultation with the State Board of
    Education, curriculum guidelines that will be made
    available to every school board for the teaching of
    information on the African slave trade, slavery in America,
    the vestiges of slavery in this country, and the
    contributions of African-Americans to our country.
        (8) To solicit, receive, and accept appropriations,
    gifts, and donations for Commission operations and
    programs authorized under this Section.
    (j) Commission requests for assistance. The Commission is
authorized to call upon any department, office, division, or
agency of the State, or of any county, municipality, or school
district of the State, to supply such data, program reports,
and other information, appropriate school personnel, and
assistance as it deems necessary to discharge its
responsibilities under this Act. These departments, offices,
divisions, and agencies shall, to the extent possible and not
inconsistent with any other law of this State, cooperate with
the Commission and shall furnish it with such information,
appropriate school personnel, and assistance as may be
necessary or helpful to accomplish the purposes of this Act.
    (k) State Board of Education assistance. The State Board of
Education shall:
        (1) Assist the Amistad Commission in marketing and
    distributing to educators, administrators, and school
    districts in the State educational information and other
    materials on the African slave trade, slavery in America,
    the vestiges of slavery in this country, and the
    contributions of African-Americans to our society.
        (2) Conduct at least one teacher workshop annually on
    the African slave trade, slavery in America, the vestiges
    of slavery in this country, and the contributions of
    African-Americans to our society.
        (3) Assist the Amistad Commission in monitoring the
    inclusion of slavery materials and curricula in the State's
    educational system.
        (4) Consult with the Amistad Commission to determine
    ways it may survey, catalog, and extend slave trade and
    American slavery education presently being taught in the
    State's educational system.
    The State Board of Education may, subject to the
availability of appropriations, hire additional staff and
consultants to carry out the duties and responsibilities
provided within this subsection (k).
    (l) Report. The Commission shall report its activities and
findings, as required under subsection (i), to the Governor and
General Assembly on or before June 30, 2006, and biannually
thereafter.
(Source: P.A. 94-285, eff. 7-21-05.)
 
    (20 ILCS 3405/35)
    Sec. 35. Products manufactured in the United States. State
Historic Sites, State Memorials, and other properties that are
under the jurisdiction of the Department Historic Preservation
Agency under Section 6 of this Act shall set aside a booth or
section for the sale of products manufactured in the United
States. As used in this Section, "products manufactured in the
United States" means assembled articles, materials, or
supplies for which design, final assembly, processing,
packaging, testing, or other process that adds value, quality,
or reliability occurred in the United States.
(Source: P.A. 98-1031, eff. 8-25-14.)
 
    (20 ILCS 3405/3 rep.)
    (20 ILCS 3405/4 rep.)
    (20 ILCS 3405/5 rep.)
    (20 ILCS 3405/34 rep.)
    Section 30. The Historic Preservation Agency Act is amended
by repealing Sections 3, 4, 5, and 34.
 
    Section 35. The Illinois Historic Preservation Act is
amended by changing Sections 2, 3, 4, 5, and 15 as follows:
 
    (20 ILCS 3410/2)  (from Ch. 127, par. 133d2)
    Sec. 2. As used in this Act:
    (a) "Council" means the Illinois Historic Sites Advisory
Council.
    (b) (Blank).
    (c) (Blank). "Agency" means the Historic Preservation
Agency.
    (c-5) "Department" means the Department of Natural
Resources.
    (d) "Director" means the Director of Natural Resources, or
his or her designee Historic Preservation who will serve as the
State Historic Preservation Officer.
    (d-1) "Historic resource" means any property which is
either publicly or privately held and which:
        (1) is listed in the National Register of Historic
    Places (hereafter "National Register");
        (2) has been formally determined by the Director to be
    eligible for listing in the National Register as defined in
    Section 106 of Title 16 of the United States Code;
        (3) has been nominated by the Director and the Illinois
    Historic Sites Advisory Council for listing in the National
    Register; or
        (4) meets one or more criteria for listing in the
    National Register, as determined by the Director.
    (e) "Place" means (1) any parcel or contiguous grouping of
parcels of real estate under common or related ownership or
control, where any significant improvements are at least 40
years old, or (2) any aboriginal mound, fort, earthwork,
village, location, burial ground, historic or prehistoric
ruin, mine case or other location which is or may be the source
of important archeological data.
    (f) (Blank).
    (g) (Blank).
    (h) (Blank).
    (i) (Blank).
(Source: P.A. 97-785, eff. 7-13-12.)
 
    (20 ILCS 3410/3)  (from Ch. 127, par. 133d3)
    Sec. 3. There is recognized and established hereunder the
Illinois Historic Sites Advisory Council, previously
established pursuant to Federal regulations, hereafter called
the Council. The Council shall consist of 15 members. Of these,
there shall be at least 3 historians, at least 3 architectural
historians, or architects with a preservation background, and
at least 3 archeologists. The remaining 6 members shall be
drawn from supporting fields and have a preservation interest.
Supporting fields shall include but not be limited to
historical geography, law, urban planning, local government
officials, and members of other preservation commissions. All
shall be appointed by the Director of Historic Sites and
Preservation, with the consent of the Board.
    The Council Chairperson shall be appointed by the Director
of Historic Sites and Preservation from the Council membership
and shall serve at the Director's pleasure.
    The Executive Director of the Abraham Lincoln Presidential
Library and Museum and the Director of the Illinois State
Museum shall serve on the Council in advisory capacity as
non-voting members.
    Terms of membership shall be 3 years and shall be staggered
by the Director to assure continuity of representation.
    The Council shall meet at least 3 times each year.
Additional meetings may be held at the call of the chairperson
or at the call of the Director.
    Members shall serve without compensation, but shall be
reimbursed for actual expenses incurred in the performance of
their duties.
(Source: P.A. 100-120, eff. 8-18-17.)
 
    (20 ILCS 3410/4)  (from Ch. 127, par. 133d4)
    Sec. 4. In addition to those powers specifically granted or
necessary to perform the duties prescribed by this Act, the
Council shall have the following powers:
        (a) to recommend nominations to the National Register
    of Historic Places;
        (b) (blank);
        (c) to recommend removal of places from the National
    Register of Historic Places;
        (d) (blank);
        (e) (blank); and
        (f) to advise the Department Agency on matters
    pertaining to historic preservation.
(Source: P.A. 97-785, eff. 7-13-12.)
 
    (20 ILCS 3410/5)  (from Ch. 127, par. 133d5)
    Sec. 5. In addition to the powers otherwise specifically
granted to the Department Agency by law, the Department Agency
shall have the following powers and responsibilities:
        (a) to perform the administrative functions for the
    Council;
        (b) to hold public hearings and meetings concerning the
    National Register of Historic Places;
        (c) to prepare and periodically revise a statewide
    preservation plan;
        (d) to attempt to maximize the extent to which the
    preservation of historic resources is accomplished through
    active use, including self-sustaining or revenue-producing
    use and through the involvement of persons other than the
    Department Agency; and
        (e) to disseminate information of historic resources,
    to provide technical and other assistance to persons
    involved in preservation activities, to develop
    interpretive programs and otherwise stimulate public
    interest in preservation.
(Source: P.A. 97-785, eff. 7-13-12.)
 
    (20 ILCS 3410/15)  (from Ch. 127, par. 133d15)
    Sec. 15. All monies received for historic preservation
programs administered by the Department Agency, including
grants, direct and indirect cost reimbursements, income from
marketing activities, gifts, donations and bequests, from
private organizations, individuals, other State agencies or
federal agencies, monies received from publications, and
copying and certification fees related to such programs, and
all income from fees generated from admissions, special events,
parking, camping, concession and property rental, shall be
deposited into a special fund in the State treasury, to be
known as the Illinois Historic Sites Fund, which is hereby
created. Subject to appropriation, the monies in such fund
shall be used by the Department Agency for historic
preservation purposes only.
    The Illinois Historic Sites Fund is not subject to
administrative charges or charge-backs, including but not
limited to those authorized under Section 8h of the State
Finance Act.
(Source: P.A. 96-1312, eff. 7-27-10.)
 
    Section 40. The Historical Sites Listing Act is amended by
changing Sections 1, 2, and 3 as follows:
 
    (20 ILCS 3415/1)  (from Ch. 128, par. 31)
    Sec. 1. Any person or State or local governmental agency
owning a site of general historical interest or having the
written consent of the owner of such a site may apply to the
Department of Natural Resources Historic Preservation Agency
to have that site listed and marked as a State historic site.
(Source: P.A. 92-600, eff. 7-1-02.)
 
    (20 ILCS 3415/2)  (from Ch. 128, par. 32)
    Sec. 2. If the Department of Natural Resources Historic
Preservation Agency finds that a site described in an
application under Section 1 is of sufficient general historical
interest to warrant listing and marking, it shall list the site
in a register kept for that purpose and shall display at the
site a suitable marker indicating that the site is a registered
State historic site.
(Source: P.A. 92-600, eff. 7-1-02.)
 
    (20 ILCS 3415/3)  (from Ch. 128, par. 33)
    Sec. 3. The Department of Natural Resources Historic
Preservation Agency, in cooperation with the Division of
Highways of the Department of Transportation and any other
interested public or private agency, shall place and maintain
all markers at State historic sites registered under this Act.
(Source: P.A. 92-600, eff. 7-1-02.)
 
    Section 45. The Illinois State Agency Historic Resources
Preservation Act is amended by changing Sections 1, 3, 4, and 5
as follows:
 
    (20 ILCS 3420/1)  (from Ch. 127, par. 133c21)
    Sec. 1. Purposes. The purpose of this Act is to provide
Illinois State government leadership in preserving, restoring,
and maintaining the historic resources of the State. It is the
purpose of this Act to establish a program whereby State
agencies (1) administer the historic resources under their
control to foster and enhance their availability to future
generations, (2) prepare policies and plans to contribute to
the preservation, restoration, and maintenance of State-owned
historic resources for the inspiration and benefit of the
people, and (3) in consultation with the Director of Natural
Resources Historic Preservation, institute procedures to
ensure that State projects consider the preservation and
enhancement of both State owned and non-State owned historic
resources.
(Source: P.A. 86-707.)
 
    (20 ILCS 3420/3)  (from Ch. 127, par. 133c23)
    Sec. 3. Definitions.
    (a) "Director" means the Director of Natural Resources, or
his or her designee Historic Preservation who shall serve as
the State Historic Preservation Officer.
    (b) "Agency" shall have the same meaning as in Section 1-20
of the Illinois Administrative Procedure Act, and shall
specifically include all agencies and entities made subject to
such Act by any State statute.
    (c) "Historic resource" means any property which is either
publicly or privately held and which:
        (1) is listed in the National Register of Historic
    Places (hereafter "National Register");
        (2) has been formally determined by the Director to be
    eligible for listing in the National Register as defined in
    Section 106 of Title 16 of the United States Code;
        (3) has been nominated by the Director and the Illinois
    Historic Sites Advisory Council for listing in the National
    Register;
        (4) meets one or more criteria for listing in the
    National Register, as determined by the Director; or
        (5) (blank).
    (d) "Adverse effect" means:
        (1) destruction or alteration of all or part of an
    historic resource;
        (2) isolation or alteration of the surrounding
    environment of an historic resource;
        (3) introduction of visual, audible, or atmospheric
    elements which are out of character with an historic
    resource or which alter its setting;
        (4) neglect or improper utilization of an historic
    resource which results in its deterioration or
    destruction; or
        (5) transfer or sale of an historic resource to any
    public or private entity without the inclusion of adequate
    conditions or restrictions regarding preservation,
    maintenance, or use.
    (e) "Comment" means the written finding by the Director of
the effect of a State undertaking on an historic resource.
    (f) "Undertaking" means any project, activity, or program
that can result in changes in the character or use of historic
property, if any historic property is located in the area of
potential effects. The project, activity or program shall be
under the direct or indirect jurisdiction of a State agency or
licensed or assisted by a State agency. An undertaking
includes, but is not limited to, action which is:
        (1) directly undertaken by a State agency;
        (2) supported in whole or in part through State
    contracts, grants, subsidies, loan guarantees, or any
    other form of direct or indirect funding assistance; or
        (3) carried out pursuant to a State lease, permit,
    license, certificate, approval, or other form of
    entitlement or permission.
    (g) "Committee" means the Historic Preservation Mediation
Committee.
    (h) "Feasible" means capable of being accomplished in a
successful manner within a reasonable period of time, taking
into account economic, environmental, social, and
technological factors.
    (i) "Private undertaking" means any undertaking that does
not receive public funding or is not on public lands.
    (j) "High probability area" means any occurrence of Cahokia
Alluvium, Carmi Member of the Equality Formation, Grayslake
Peat, Parkland Sand, Peyton Colluvium, the Batavia Member of
the Henry Formation, or the Mackinaw Member, as mapped by
Lineback et al. (1979) at a scale of 1-500,000 within permanent
stream floodplains and including:
        (1) 500 yards of the adjoining bluffline crest of the
    Fox, Illinois, Kankakee, Kaskaskia, Mississippi, Ohio,
    Rock and Wabash Rivers and 300 yards of the adjoining
    bluffline crest of all other rivers or
        (2) a 500 yard wide area along the shore of Lake
    Michigan abutting the high water mark.
(Source: P.A. 97-785, eff. 7-13-12; 98-463, eff. 8-16-13.)
 
    (20 ILCS 3420/4)  (from Ch. 127, par. 133c24)
    Sec. 4. State agency undertakings.
    (a) As early in the planning process as may be practicable
and prior to the approval of the final design or plan of any
undertaking by a State agency, or prior to the funding of any
undertaking by a State agency, or prior to an action of
approval or entitlement of any private undertaking by a State
agency, written notice of the project shall be given to the
Director either by the State agency or the recipients of its
funds, permits or licenses. The State agency shall consult with
the Director to determine the documentation requirements
necessary for identification and treatment of historic
resources. For the purposes of identification and evaluation of
historic resources, the Director may require archaeological
and historic investigations. Responsibility for notice and
documentation may be delegated by the State agency to a local
or private designee.
    (b) Within 30 days after receipt of complete and correct
documentation of a proposed undertaking, the Director shall
review and comment to the agency on the likelihood that the
undertaking will have an adverse effect on a historic resource.
In the case of a private undertaking, the Director shall, not
later than 30 days following the receipt of an application with
complete documentation of the undertaking, either approve that
application allowing the undertaking to proceed or tender to
the applicant a written statement setting forth the reasons for
the requirement of an archaeological investigation. If there is
no action within 30 days after the filing of the application
with the complete documentation of the undertaking, the
applicant may deem the application approved and may proceed
with the undertaking. Thereafter, all requirements for
archaeological investigations are waived under this Act.
    (c) If the Director finds that an undertaking will
adversely affect an historic resource or is inconsistent with
agency policies, the State agency shall consult with the
Director and shall discuss alternatives to the proposed
undertaking which could eliminate, minimize, or mitigate its
adverse effect. During the consultation process, the State
agency shall explore all feasible and prudent plans which
eliminate, minimize, or mitigate adverse effects on historic
resources. Grantees, permittees, licensees, or other parties
in interest and representatives of national, State, and local
units of government and public and private organizations may
participate in the consultation process. The process may
involve on-site inspections and public informational meetings
pursuant to regulations issued by the Department of Natural
Resources Historic Preservation Agency.
    (d) The State agency and the Director may agree that there
is a feasible and prudent alternative which eliminates,
minimizes, or mitigates the adverse effect of the undertaking.
Upon such agreement, or if the State agency and the Director
agree that there are no feasible and prudent alternatives which
eliminate, minimize, or mitigate the adverse effect, the
Director shall prepare a Memorandum of Agreement describing the
alternatives or stating the finding. The State agency may
proceed with the undertaking once a Memorandum of Agreement has
been signed by both the State agency and the Director.
    (e) After the consultation process, the Director and the
State agency may fail to agree on the existence of a feasible
and prudent alternative which would eliminate, minimize, or
mitigate the adverse effect of the undertaking on the historic
resource. If no agreement is reached, the agency shall call a
public meeting in the county where the undertaking is proposed
within 60 days. If, within 14 days following conclusion of the
public meeting, the State agency and the Director fail to agree
on a feasible and prudent alternative, the proposed
undertaking, with supporting documentation, shall be submitted
to the Historic Preservation Mediation Committee. The document
shall be sufficient to identify each alternative considered by
the Agency and the Director during the consultation process and
the reason for its rejection.
    (f) The Mediation Committee shall consist of the Director
and 5 persons appointed by the Director for terms of 3 years
each, each of whom shall be no lower in rank than a division
chief and each of whom shall represent a different State
agency. An agency that is a party to mediation shall be
notified of all hearings and deliberations and shall have the
right to participate in deliberations as a non-voting member of
the Committee. Within 30 days after submission of the proposed
undertaking, the Committee shall meet with the Director and the
submitting agency to review each alternative considered by the
State agency and the Director and to evaluate the existence of
a feasible and prudent alternative. In the event that the
Director and the submitting agency continue to disagree, the
Committee shall provide a statement of findings or comments
setting forth an alternative to the proposed undertaking or
stating the finding that there is no feasible or prudent
alternative. The State agency shall consider the written
comments of the Committee and shall respond in writing to the
Committee before proceeding with the undertaking.
    (g) When an undertaking is being reviewed pursuant to
Section 106 of the National Historic Preservation Act of 1966,
the procedures of this law shall not apply and any review or
comment by the Director on such undertaking shall be within the
framework or procedures of the federal law. This subsection
shall not prevent the Department of Natural Resources Illinois
Historic Preservation Agency from entering into an agreement
with the Advisory Council on Historic Preservation pursuant to
Section 106 of the National Historic Preservation Act to
substitute this Act and its procedures for procedures set forth
in Council regulations found in 36 C.F.R. Part 800.7. A State
undertaking that is necessary to prevent an immediate and
imminent threat to life or property shall be exempt from the
requirements of this Act. Where possible, the Director shall be
consulted in the determination of the exemption. In all cases,
the agency shall provide the Director with a statement of the
reasons for the exemption and shall have an opportunity to
comment on the exemption. The statement and the comments of the
Director shall be included in the annual report of the
Department of Natural Resources Historic Preservation Agency
as a guide to future actions. The provisions of this Act do not
apply to undertakings pursuant to the Illinois Oil and Gas Act,
the Surface-Mined Land Conservation and Reclamation Act and the
Surface Coal Mining Land Conservation and Reclamation Act.
(Source: P.A. 96-1000, eff. 7-2-10; 97-785, eff. 7-13-12.)
 
    (20 ILCS 3420/5)  (from Ch. 127, par. 133c25)
    Sec. 5. Responsibilities of the Department of Natural
Resources Historic Preservation Agency, Division of Historic
Preservation Services.
    (a) The Director shall include in the Department's Agency's
annual report an outline of State agency actions on which
comment was requested or issued under this Act.
    (b) The Director shall maintain a current list of all
historic resources owned, operated, or leased by the State and
appropriate maps indicating the location of all such resources.
These maps shall be in a form available to the public and State
agencies, except that the location of archaeological resources
shall be excluded.
    (c) The Director shall make rules and issue appropriate
guidelines to implement this Act. These shall include, but not
be limited to, regulations for holding on-site inspections,
public information meetings and procedures for consultation,
mediation, and resolutions by the Committee pursuant to
subsections (e) and (f) of Section 4.
    (d) The Director shall (1) assist, to the fullest extent
possible, the State agencies in their identification of
properties for inclusion in an inventory of historic resources,
including provision of criteria for evaluation; (2) provide
information concerning professional methods and techniques for
preserving, improving, restoring, and maintaining historic
resources when requested by State agencies; and (3) help
facilitate State agency compliance with this Act.
    (e) The Director shall monitor the implementation of
actions of each State agency which have an effect, either
adverse or beneficial, on an historic resource.
    (f) The Department of Natural Resources Agency shall manage
and control the preservation, conservation, inventory, and
analysis of fine and decorative arts, furnishings, and
artifacts of the Illinois Executive Mansion in Springfield, the
Governor's offices in the Capitol in Springfield and the James
R. Thompson Center in Chicago, and the Hayes House in DuQuoin.
The Department of Natural Resources Agency shall manage the
preservation and conservation of the buildings and grounds of
the Illinois Executive Mansion in Springfield. The Governor
shall appoint a Curator of the Executive Mansion, with the
advice and consent of the Senate, to assist the Department of
Natural Resources Agency in carrying out the duties under this
item (f). The person appointed Curator must have experience in
historic preservation or as a curator. The Curator shall serve
at the pleasure of the Governor. The Governor shall determine
the compensation of the Curator, which shall not be diminished
during the term of appointment.
(Source: P.A. 92-842, eff. 8-22-02.)
 
    Section 50. The Old State Capitol Act is amended by
changing Sections 1, 2, and 3 as follows:
 
    (20 ILCS 3430/1)  (from Ch. 123, par. 52)
    Sec. 1. As used in this Act: ,
    (a) "Old State Capitol Complex" means the Old State Capitol
reconstructed under the "1961 Act" in Springfield and includes
space also occupied by the Abraham Lincoln Presidential Library
and Museum and an underground parking garage. ;
    (b) "1961 Act" means "An Act providing for the
reconstruction and restoration of the old State Capitol at
Springfield and providing for the custody thereof", approved
August 24, 1961, as amended. ;
    (c) (Blank). "Board of Trustees" means the Board of
Trustees of the Historic Preservation Agency.
    (d) "Department" means the Department of Natural
Resources.
(Source: P.A. 100-120, eff. 8-18-17; revised 9-28-17.)
 
    (20 ILCS 3430/2)  (from Ch. 123, par. 53)
    Sec. 2. The Department Board of Trustees shall have
jurisdiction and custody of, and shall maintain and operate,
the Old State Capitol Complex and shall succeed to all rights,
powers, duties and liabilities of the Department of
Conservation under the "1961 Act" or under any lease or
contract relating to the Old State Capitol Complex to which the
Department of Conservation is a party.
(Source: P.A. 77-135.)
 
    (20 ILCS 3430/3)  (from Ch. 123, par. 54)
    Sec. 3. The Department Board of Trustees may establish
rules and regulations for the use and operation of the Old
State Capitol Complex. Such rules and regulations shall provide
that such complex will be open at all reasonable hours to the
public and may provide for the holding of such lectures,
pageants or similar special events and the sale of such
merchandise as will help interpret the historical significance
of the Old State Capitol to the public.
(Source: P.A. 77-135.)
 
    Section 55. The Archaeological and Paleontological
Resources Protection Act is amended by changing Sections 1, 3,
3.1, 3.2, 5, 6, 7, 8, 9, 10, and 11 as follows:
 
    (20 ILCS 3435/1)  (from Ch. 127, par. 133c1)
    Sec. 1. The State of Illinois reserves to itself the
exclusive right and privilege of regulating, exploring,
excavating or surveying, through the Department of Natural
Resources Historic Preservation Agency, all archaeological and
paleontological resources found upon or within any public
lands.
(Source: P.A. 86-459; 86-707.)
 
    (20 ILCS 3435/3)  (from Ch. 127, par. 133c3)
    Sec. 3. (a) It is unlawful for any person, either by
himself or through an agent, to explore, excavate or collect
any of the archaeological or paleontological resources
protected by this Act, unless such person obtains a permit
issued by the Department of Natural Resources Historic
Preservation Agency.
    (b) It is unlawful for any person, either by himself or
through an agent, to knowingly disturb any archaeological or
paleontological resource protected under this Act.
    (c) It is unlawful for any person, either by himself or
through an agent, to offer any object for sale or exchange with
the knowledge that it has been previously collected or
excavated in violation of this Act.
(Source: P.A. 86-459; 86-707.)
 
    (20 ILCS 3435/3.1)  (from Ch. 127, par. 133c3.1)
    Sec. 3.1. The State's Attorney of the county in which a
violation of Section 3 is alleged to have occurred, or the
Attorney General, may be requested by the Director of Natural
Resources the Historic Preservation Agency to initiate
criminal prosecutions or to seek civil damages, injunctive
relief and any other appropriate relief. The Department of
Natural Resources Historic Preservation Agency shall cooperate
with the State's Attorney or the Attorney General. Persons
aware of any violation of this Act shall contact the Department
of Natural Resources Historic Preservation Agency.
(Source: P.A. 86-459; 86-707.)
 
    (20 ILCS 3435/3.2)  (from Ch. 127, par. 133c3.2)
    Sec. 3.2. The Department of Natural Resources Historic
Preservation Agency is authorized to offer a reward of up to
$2,000 for information leading to the arrest and conviction of
persons who violate Section 3.
(Source: P.A. 86-459; 86-707.)
 
    (20 ILCS 3435/5)  (from Ch. 127, par. 133c5)
    Sec. 5. Any violation of Section 3 not involving the
disturbance of human skeletal remains is a Class A misdemeanor
and the violator shall be subject to imprisonment and a fine
not in excess of $5,000; any subsequent violation is a Class 4
felony. Any violation of Section 3 involving disturbance of
human skeletal remains is a Class 4 felony. Each disturbance of
an archaeological site or a paleontological site shall
constitute a single offense. Persons convicted of a violation
of Section 3 shall also be liable for civil damages to be
assessed by the land managing agency and the Department of
Natural Resources Historic Preservation Agency. Civil damages
may include:
    (a) forfeiture of any and all equipment used in acquiring
the protected material;
    (b) any and all costs incurred in cleaning, restoring,
analyzing, accessioning and curating the recovered materials;
    (c) any and all costs associated with restoring the land to
its original contour;
    (d) any and all costs associated with recovery of data and
analyzing, publishing, accessioning and curating materials
when the prohibited activity is so extensive as to preclude the
restoration of the archaeological or paleontological site;
    (e) any and all costs associated with the determination and
collection of the civil damages.
    When civil damages are recovered through the Attorney
General, the proceeds shall be deposited into the Historic
Sites Fund; when civil damages are recovered through the
State's Attorney, the proceeds shall be deposited into the
county fund designated by the county board.
(Source: P.A. 86-459; 86-707.)
 
    (20 ILCS 3435/6)  (from Ch. 127, par. 133c6)
    Sec. 6. (a) The Department of Natural Resources Historic
Preservation Agency, in consultation with the various State
agencies owning or managing land for the use of the State of
Illinois, shall develop regulations whereby permits may be
issued for exploration or excavation of archaeological and
paleontological resources. These permits shall be issued by the
Department of Natural Resources Historic Preservation Agency
after consultation with the head of the land managing agency.
    (b) Permits to any person or entity other than the State of
Illinois shall be issued in accordance with regulations which
shall be promulgated by the Department of Natural Resources
Historic Preservation Agency.
    (c) Each permit shall specify all terms and conditions
under which the investigation shall be carried out, including,
but not limited to, location and nature of the investigation
and plans for analysis and publication of the results. Upon
completion of the project, the permit holder shall report its
results to the Department of Natural Resources Historic
Preservation Agency for approval.
(Source: P.A. 86-459; 86-707.)
 
    (20 ILCS 3435/7)  (from Ch. 127, par. 133c7)
    Sec. 7. All materials and associated records remain the
property of the State and are managed by the Illinois State
Museum. The Illinois State Museum, in consultation with the
Department of Natural Resources Historic Preservation Agency,
is authorized to establish long-term curation agreements with
universities, museums and other organizations.
(Source: P.A. 86-459; 86-707.)
 
    (20 ILCS 3435/8)  (from Ch. 127, par. 133c8)
    Sec. 8. (a) The Illinois State Museum shall be exempt from
the permit requirements established by this Act for lands under
its direct management but shall register that exploration with
the Department of Natural Resources Historic Preservation
Agency; such registration shall include the information
required under subsection (c) of Section 6.
    (b) Any agency or department of the State of Illinois which
has on its staff a professional archaeologist or paleontologist
who meets the minimum qualifications established in Section 9
and which has in effect a memorandum of agreement with the
Department of Natural Resources Historic Preservation Agency
for the protection, preservation and management of
archaeological and paleontological resources shall be exempt
from the permit requirements established by this Act.
    (c) Activities reviewed by the Department of Natural
Resources Historic Preservation Agency pursuant to Section 106
of the National Historic Preservation Act (16 U.S.C. 470f)
shall be exempt from these permitting requirements.
    (d) Where a local government's activities are funded in
whole or in part by a State agency and the funded activities
are supervised or controlled by the State agency, the local
government shall be exempt from the permit requirements
established by this Act to the same extent that the State
agency is exempt. The State agency shall be responsible for
undertaking or causing to be undertaken any steps necessary to
comply with this Act for those local government actions so
exempted.
(Source: P.A. 86-459; 86-707.)
 
    (20 ILCS 3435/9)  (from Ch. 127, par. 133c9)
    Sec. 9. The Department of Natural Resources Historic
Preservation Agency shall, through rulemaking, establish
minimum standards of education and experience for an
archaeologist or paleontologist to qualify as a professional
for the purpose of conducting activities for which a permit is
required.
(Source: P.A. 86-459; 86-707.)
 
    (20 ILCS 3435/10)  (from Ch. 127, par. 133c10)
    Sec. 10. The Illinois State Museum, in cooperation with the
Department of Natural Resources Historic Preservation Agency,
shall develop and maintain files containing information on
known archaeological and paleontological sites in the State,
whether on State controlled or privately owned property. The
Department of Natural Resources Historic Preservation Agency
shall ensure the safety of those sites by promulgating
regulations limiting access to those files as necessary.
(Source: P.A. 86-459; 86-707.)
 
    (20 ILCS 3435/11)  (from Ch. 127, par. 133c11)
    Sec. 11. The Department of Natural Resources Historic
Preservation Agency, in consultation with other State agencies
and Departments that own or control land, shall promulgate such
regulations as may be necessary to carry out the purposes of
this Act.
(Source: P.A. 86-459; 86-707.)
 
    Section 60. The Human Skeletal Remains Protection Act is
amended by changing Sections 3, 4, 5, 8, 9, 13, 14, 15, and 16
as follows:
 
    (20 ILCS 3440/3)  (from Ch. 127, par. 2663)
    Sec. 3. Any person who discovers human skeletal remains
subject to this Act shall promptly notify the coroner. Any
person who knowingly fails to report such a discovery within 48
hours is guilty of a Class C misdemeanor, unless such person
has reasonable cause to believe that the coroner had already
been so notified. If the human skeletal remains appear to be
from an unregistered grave, the coroner shall promptly notify
the Department of Natural Resources Historic Preservation
Agency prior to their removal. Nothing in this Act shall be
construed to apply to human skeletal remains subject to "An Act
to revise the law in relation to coroners".
(Source: P.A. 86-151.)
 
    (20 ILCS 3440/4)  (from Ch. 127, par. 2664)
    Sec. 4. It is unlawful for any person, either by himself or
through an agent, to knowingly disturb human skeletal remains
and grave artifacts in unregistered graves protected by this
Act unless such person obtains a permit issued by the
Department of Natural Resources Historic Preservation Agency.
(Source: P.A. 86-151.)
 
    (20 ILCS 3440/5)  (from Ch. 127, par. 2665)
    Sec. 5. It is unlawful for any person, either by himself or
through an agent, to knowingly disturb a grave marker protected
by this Act unless such person obtains a permit issued by the
Department of Natural Resources Historic Preservation Agency.
(Source: P.A. 86-151.)
 
    (20 ILCS 3440/8)  (from Ch. 127, par. 2668)
    Sec. 8. The State's Attorney of the county in which a
violation of Sections 4, 5, 6, or 7 of this Act is alleged to
have occurred, or the Attorney General, may be requested by the
Director of Natural Resources the Historic Preservation Agency
to initiate criminal prosecutions or to seek civil damages,
injunctive relief and any other appropriate relief. The
Department of Natural Resources Historic Preservation Agency
shall co-operate with the State's Attorney or the Attorney
General. Persons aware of any violations of this Act shall
contact the Department of Natural Resources Historic
Preservation Agency.
(Source: P.A. 86-151.)
 
    (20 ILCS 3440/9)  (from Ch. 127, par. 2669)
    Sec. 9. The Department of Natural Resources Historic
Preservation Agency is authorized to offer a reward of up to
$2000 for information leading to the arrest and conviction of
persons who violate Sections 4, 5, 6, and 7 of this Act.
(Source: P.A. 86-151.)
 
    (20 ILCS 3440/13)  (from Ch. 127, par. 2673)
    Sec. 13. (a) The Department of Natural Resources Historic
Preservation Agency shall develop regulations, in consultation
with the Illinois State Museum, whereby permits may be issued
for the removal of human skeletal remains and grave artifacts
from unregistered graves or the removal of grave markers.
    (b) Each permit shall specify all terms and conditions
under which the removal of human skeletal remains, grave
artifacts, or grave markers shall be carried out. All costs
accrued in the removal of the aforementioned materials shall be
borne by the permit applicant. Upon completion of the project,
the permit holder shall submit a report of the results to the
Department of Natural Resources Historic Preservation Agency.
(Source: P.A. 86-151.)
 
    (20 ILCS 3440/14)  (from Ch. 127, par. 2674)
    Sec. 14. All human skeletal remains and grave artifacts in
unregistered graves are held in trust for the people of
Illinois by the State and are under the jurisdiction of the
Department of Natural Resources Historic Preservation Agency.
All materials collected under this Act shall be maintained,
with dignity and respect, for the people of the State under the
care of the Illinois State Museum.
(Source: P.A. 86-151.)
 
    (20 ILCS 3440/15)  (from Ch. 127, par. 2675)
    Sec. 15. The Department of Natural Resources Historic
Preservation Agency shall promulgate such regulations as may be
necessary to carry out the purposes of this Act.
(Source: P.A. 86-151.)
 
    (20 ILCS 3440/16)  (from Ch. 127, par. 2676)
    Sec. 16. Activities reviewed by the Department of Natural
Resources Historic Preservation Agency pursuant to Section 106
of the National Historic Preservation Act (16 U.S.C. 470f) and
activities permitted pursuant to the Federal Surface Mining
Control and Reclamation Act of 1977 (P.L. 95-87), or the rules
and regulations promulgated thereunder or any law, rule or
regulation adopted by the State of Illinois thereunder shall be
exempt from these permitting requirements.
(Source: P.A. 86-151.)
 
    Section 65. The Abraham Lincoln Presidential Library and
Museum Act is amended by changing Sections 30 and 60 as
follows:
 
    (20 ILCS 3475/30)
    Sec. 30. Administration of the Agency. The Agency shall be
under the supervision and direction of an Executive Director.
The person serving on the effective date of this Act as Library
Director, as defined in Section 33 of the Historic Preservation
Agency Act, shall become the inaugural Executive Director on
the effective date of this Act and shall serve as Executive
Director until the expiration of his then-current term as
Library Director. Thereafter, the Board shall appoint the
Executive Director with the advice and consent of the Senate.
The Executive Director shall serve at the pleasure of the Board
for a term of 4 years. The Executive Director shall, subject to
applicable provisions of law, execute and discharge the powers
and duties of the Agency. The Executive Director shall have
hiring power and shall appoint (a) a Library Facilities
Operations Director; and (b) a Director of the Library. The
Executive Director shall appoint those other employees of the
Agency as he or she deems appropriate and shall fix the
compensation of the Library Facilities Operations Director,
the Director of the Library and other employees. The Executive
Director may make provision to establish and collect admission
and registration fees, operate a gift shop, and publish and
sell educational and informational materials.
(Source: P.A. 100-120, eff. 8-18-17.)
 
    (20 ILCS 3475/60)
    Sec. 60. Separation from the Historic Preservation Agency.
On the effective date of this Act, all of the powers, duties,
assets, liabilities, employees, contracts, property (real and
personal), including any items formerly contained in the
Illinois State Historical Library now presently held in the
Abraham Lincoln Presidential Library and Museum, records,
pending business, and unexpended appropriations of the
Historic Preservation Agency related to the administration and
enforcement of Sections 17, 32, and 33 of the Historic
Preservation Agency Act are transferred to the Agency created
under this Act. The status and rights of the transferred
employees, and the rights of the State of Illinois and its
agencies, under the Personnel Code and applicable collective
bargaining agreements or under any pension, retirement, or
annuity plan are not affected (except as provided in Sections
14-110 and 18-127 of the Illinois Pension Code) by that
transfer or by any other provision of this Act.
(Source: P.A. 100-120, eff. 8-18-17.)
 
    Section 70. The Mississippi River Coordinating Council Act
is amended by changing Sections 10 and 20 as follows:
 
    (20 ILCS 4003/10)
    Sec. 10. Mississippi River Coordinating Council.
    (a) There is established the Mississippi River
Coordinating Council (Council), consisting of 16 voting
members to be appointed by the Governor. One member shall be
the Lieutenant Governor who shall serve as a voting member and
as chairperson of the Council. The agency members of the
Council shall include the Directors, or their designees, of the
following: the Department of Agriculture, the Department of
Commerce and Economic Opportunity, the Illinois Environmental
Protection Agency, the Department of Natural Resources, the
Historic Preservation Agency, and the Department of
Transportation. In addition, the Council shall include one
member representing Soil and Water Conservation Districts
located in the proximity of the Mississippi River and its
tributaries, and 8 members representing local communities,
not-for-profit organizations working to protect the
Mississippi River and its tributaries, businesses,
agriculture, recreation, conservation, and the environment, 2
of which must reside within a county that is adjacent to the
Mississippi River.
    (b) The Governor may appoint, as ex-officio members,
individuals representing the interests of the states who border
the Mississippi River and individuals representing federal
agencies.
    (c) Members of the Council shall serve 2-year terms, except
that of the initial appointments, 5 members shall be appointed
to serve 3-year terms and 4 members to serve one-year terms.
    (d) The Council shall meet at least quarterly.
    (e) The Office of the Lieutenant Governor shall be
responsible for the operations of the Council, including,
without limitation, funding and oversight of the Council's
activities. The Office may reimburse members of the Council for
travel expenses.
    (f) This Section is subject to the provisions of Section
405-500 of the Department of Central Management Services Law.
    (g) The members of the Council shall appoint one member of
the Council to serve as the Illinois representative to the
National Mississippi River Parkway Commission.
(Source: P.A. 97-178, eff. 7-22-11.)
 
    (20 ILCS 4003/20)
    Sec. 20. Agency duties. State agencies represented on the
Council shall provide to the Council, on request, information
concerning agency programs, data, and activities that impact
the restoration and preservation of the Mississippi River and
its tributaries. The Secretary of Transportation, the Director
of Agriculture, the Director of the Environmental Protection
Agency, the Director of Historic Preservation, the Director of
Natural Resources, and the Director of Commerce and Economic
Opportunity shall each designate at least one employee from his
or her respective agency to assist the Council.
(Source: P.A. 97-178, eff. 7-22-11.)
 
    Section 75. The Task Force on Inventorying Employment
Restrictions Act is amended by changing Section 10 as follows:
 
    (20 ILCS 5000/10)
    Sec. 10. Definitions. As used in this Act:
    "State agencies" shall mean the following State agencies,
boards, and commissions: Department on Aging, Department of
Agriculture, Office of Appellate Defender, Office of the
State's Attorneys Appellate Prosecutor, Illinois Arts Council,
Office of the Attorney General, Auditor General, Capital
Development Board, Department of Central Management Services,
Department of Children and Family Services, Civil Service
Commission, Illinois Department of Commerce and Economic
Opportunity, Illinois Commerce Commission, Illinois Community
College Board, State of Illinois Comprehensive Health
Insurance Plan, Office of the Comptroller, Department of
Corrections, Criminal Justice Information Authority, Illinois
Council on Developmental Disabilities, Illinois Deaf and Hard
of Hearing Commission, Commission on Discrimination and Hate
Crimes, State Board of Education, Illinois Educational Labor
Relations Board, State Board of Elections, Illinois Emergency
Management Agency, Department of Employment Security,
Environmental Protection Agency, Illinois State Fair, Illinois
Finance Authority, Department of Financial and Professional
Regulation, Office of the First Lady, Illinois Gaming Board,
Office of the Governor, Guardianship and Advocacy Commission,
Department of Healthcare and Family Services, Board of Higher
Education, Historic Preservation Agency, Illinois Housing
Development Authority, Illinois Human Rights Commission,
Department of Human Rights, Department of Human Services,
Illinois State Board of Investment, Department of Juvenile
Justice, Office of the Lieutenant Governor, Department of
Labor, Illinois Labor Relations Board, Illinois Law
Enforcement Training Standards Board, Illinois Liquor Control
Commission, Illinois Lottery, Governor's Office of Management
and Budget, Illinois Medical District Commission, Department
of Military Affairs, Department of Natural Resources,
Pollution Control Board, Prairie State 2000 Authority,
Property Tax Appeal Board, Department of Public Health,
Illinois Prisoner Review Board, Illinois Racing Board,
Department of Revenue, Office of the Secretary of State, State
Fire Marshal, Illinois State Police, State Police Merit Board,
State Retirement Systems, Office of the State Treasurer, State
Universities Civil Service System, State Universities
Retirement System, Illinois Student Assistance Commission,
Illinois Supreme Court, Illinois Teachers' Retirement System,
Illinois State Toll Highway Authority, Department of
Transportation, Department of Veterans' Affairs, Governor's
Office of Women's Affairs, and Illinois Workers' Compensation
Commission.
(Source: P.A. 100-143, eff. 1-1-18.)
 
    Section 80. The Heritage Preservation Act is amended by
changing Section 3 as follows:
 
    (30 ILCS 145/3)  (from Ch. 127, par. 2653)
    Sec. 3. (a) There is created the Heritage Preservation
Fund, a special fund in the State Treasury.
    (b) The Department of Natural Resources Historic
Preservation Agency shall deposit any donations received for
heritage preservation purposes in the Heritage Preservation
Fund.
    (c) The General Assembly may appropriate monies from the
Heritage Preservation Fund to the Department of Natural
Resources Historic Preservation Agency for the purposes of
identifying, purchasing, restoring, preserving, protecting,
collecting and interpreting the cultural and historical
resources and heritage of the State and its people.
(Source: P.A. 86-678.)
 
    Section 85. The Public Use Trust Act is amended by changing
Section 2 as follows:
 
    (30 ILCS 160/2)  (from Ch. 127, par. 4002)
    Sec. 2. (a) The Department of Agriculture and , the
Department of Natural Resources, and the Historic Preservation
Agency have the power to enter into a trust agreement with a
person or group of persons under which the State agency may
receive or collect money or other property from the person or
group of persons and may expend such money or property solely
for a public purpose within the powers and duties of that State
agency and stated in the trust agreement. The State agency
shall be the trustee under any such trust agreement.
    (b) Money or property received under a trust agreement
shall not be deposited in the State treasury and is not subject
to appropriation by the General Assembly, but shall be held and
invested by the trustee separate and apart from the State
treasury. The trustee shall invest money or property received
under a trust agreement as provided for trustees under the
Trusts and Trustees Act or as otherwise provided in the trust
agreement.
    (c) The trustee shall maintain detailed records of all
receipts and disbursements in the same manner as required for
trustees under the Trusts and Trustees Act. The trustee shall
provide an annual accounting of all receipts, disbursements,
and inventory to all donors to the trust and the Auditor
General. The annual accounting shall be made available to any
member of the public upon request.
(Source: P.A. 89-445, eff. 2-7-96.)
 
    Section 90. The Build Illinois Act is amended by changing
Section 1-3 as follows:
 
    (30 ILCS 750/1-3)  (from Ch. 127, par. 2701-3)
    Sec. 1-3. The following agencies, boards and entities of
State government may expend appropriations for the purposes
contained in this Act: Department of Natural Resources;
Department of Agriculture; Illinois Finance Authority; Capital
Development Board; Department of Transportation; Department of
Central Management Services; Illinois Arts Council;
Environmental Protection Agency; Historic Preservation Agency;
State Board of Higher Education; the Metropolitan Pier and
Exposition Authority; State Board of Education; Illinois
Community College Board; Board of Trustees of the University of
Illinois; Board of Trustees of Chicago State University; Board
of Trustees of Eastern Illinois University; Board of Trustees
of Governors State University; Board of Trustees of Illinois
State University; Board of Trustees of Northeastern Illinois
University; Board of Trustees of Northern Illinois University;
Board of Trustees of Western Illinois University; and Board of
Trustees of Southern Illinois University.
(Source: P.A. 93-205, eff. 1-1-04.)
 
    Section 95. The Illinois Income Tax Act is amended by
changing Section 221 as follows:
 
    (35 ILCS 5/221)
    Sec. 221. Rehabilitation costs; qualified historic
properties; River Edge Redevelopment Zone.
    (a) For taxable years beginning on or after January 1, 2012
and ending prior to January 1, 2022, there shall be allowed a
tax credit against the tax imposed by subsections (a) and (b)
of Section 201 in an amount equal to 25% of qualified
expenditures incurred by a qualified taxpayer during the
taxable year in the restoration and preservation of a qualified
historic structure located in a River Edge Redevelopment Zone
pursuant to a qualified rehabilitation plan, provided that the
total amount of such expenditures (i) must equal $5,000 or more
and (ii) must exceed 50% of the purchase price of the property.
    (b) To obtain a tax credit pursuant to this Section, the
taxpayer must apply with the Department of Commerce and
Economic Opportunity. The Department of Commerce and Economic
Opportunity, in consultation with the Department of Natural
Resources Historic Preservation Agency, shall determine the
amount of eligible rehabilitation costs and expenses. The
Department of Natural Resources Historic Preservation Agency
shall determine whether the rehabilitation is consistent with
the standards of the Secretary of the United States Department
of the Interior for rehabilitation. Upon completion and review
of the project, the Department of Commerce and Economic
Opportunity shall issue a certificate in the amount of the
eligible credits. At the time the certificate is issued, an
issuance fee up to the maximum amount of 2% of the amount of
the credits issued by the certificate may be collected from the
applicant to administer the provisions of this Section. If
collected, this issuance fee shall be deposited into the
Historic Property Administrative Fund, a special fund created
in the State treasury. Subject to appropriation, moneys in the
Historic Property Administrative Fund shall be evenly divided
between the Department of Commerce and Economic Opportunity and
the Department of Natural Resources Historic Preservation
Agency to reimburse the Department of Commerce and Economic
Opportunity and the Department of Natural Resources Historic
Preservation Agency for the costs associated with
administering this Section. The taxpayer must attach the
certificate to the tax return on which the credits are to be
claimed. The Department of Commerce and Economic Opportunity
may adopt rules to implement this Section.
    (c) The tax credit under this Section may not reduce the
taxpayer's liability to less than zero.
    (d) As used in this Section, the following terms have the
following meanings.
    "Qualified expenditure" means all the costs and expenses
defined as qualified rehabilitation expenditures under Section
47 of the federal Internal Revenue Code that were incurred in
connection with a qualified historic structure.
    "Qualified historic structure" means a certified historic
structure as defined under Section 47(c)(3) of the federal
Internal Revenue Code.
    "Qualified rehabilitation plan" means a project that is
approved by the Department of Natural Resources Historic
Preservation Agency as being consistent with the standards in
effect on the effective date of this amendatory Act of the 97th
General Assembly for rehabilitation as adopted by the federal
Secretary of the Interior.
    "Qualified taxpayer" means the owner of the qualified
historic structure or any other person who qualifies for the
federal rehabilitation credit allowed by Section 47 of the
federal Internal Revenue Code with respect to that qualified
historic structure. Partners, shareholders of subchapter S
corporations, and owners of limited liability companies (if the
limited liability company is treated as a partnership for
purposes of federal and State income taxation) are entitled to
a credit under this Section to be determined in accordance with
the determination of income and distributive share of income
under Sections 702 and 703 and subchapter S of the Internal
Revenue Code, provided that credits granted to a partnership, a
limited liability company taxed as a partnership, or other
multiple owners of property shall be passed through to the
partners, members, or owners respectively on a pro rata basis
or pursuant to an executed agreement among the partners,
members, or owners documenting any alternate distribution
method.
(Source: P.A. 99-914, eff. 12-20-16; 100-236, eff. 8-18-17.)
 
    Section 100. The Historic Preservation Tax Credit Pilot
Program Act is amended by changing Sections 5, 15, and 30 as
follows:
 
    (35 ILCS 30/5)
    Sec. 5. Definitions. As used in this Section, unless the
context clearly indicates otherwise:
    (a) (Blank). "Agency" means the Historic Preservation
Agency.
    (b) "Department" means the Department of Commerce and
Economic Opportunity.
    (c) "Qualified expenditures" means all the costs and
expenses defined as qualified rehabilitation expenditures
under Section 47 of the federal Internal Revenue Code which
were incurred in connection with a qualified historic
structure.
    (d) "Qualified historic structure" means a hotel that is
located in the City of Peoria and that is defined as a
certified historic structure under Section 47 (c)(3) of the
federal Internal Revenue Code.
    (e) "Qualified rehabilitation plan" means a project that is
approved by the Department of Natural Resources Agency as being
consistent with the standards in effect on the effective date
of this Act for rehabilitation as adopted by the federal
Secretary of the Interior.
    (f) "Qualified taxpayer" means the owner of the qualified
historic structure or any other person who may qualify for the
federal rehabilitation credit allowed by Section 47 of the
federal Internal Revenue Code. If the taxpayer is (i) a
corporation having an election in effect under Subchapter S of
the federal Internal Revenue Code, (ii) a partnership, or (iii)
a limited liability company, the credit provided under this Act
may be claimed by the shareholders of the corporation, the
partners of the partnership, or the members of the limited
liability company in the same manner as those shareholders,
partners, or members account for their proportionate shares of
the income or losses of the corporation, partnership, or
limited liability company, or as provided in the by-laws or
other executed agreement of the corporation, partnership, or
limited liability company. Credits granted to a partnership, a
limited liability company taxed as a partnership, or other
multiple owners of property shall be passed through to the
partners, members, or owners respectively on a pro rata basis
or pursuant to an executed agreement among the partners,
members, or owners documenting any alternate distribution
method.
(Source: P.A. 96-933, eff. 6-21-10.)
 
    (35 ILCS 30/15)
    Sec. 15. Allowable credit. To the extent authorized by
Section 25 of this Act, for taxable years beginning on or after
January 1, 2010 and ending on or before December 31, 2015,
there shall be allowed a tax credit against the tax imposed by
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act in an amount equal to 25% of qualified expenditures
incurred by a qualified taxpayer during the taxable year in the
restoration and preservation of a qualified historic structure
pursuant to a qualified rehabilitation plan, provided that the
total amount of such expenditures (i) must equal $5,000 or
more, and (ii) must exceed 50% of the purchase price of the
property. If the amount of any tax credit awarded under this
Act exceeds the qualified taxpayer's income tax liability for
the year in which the qualified rehabilitation plan was placed
in service, the excess amount may be carried forward for
deduction from the taxpayer's income tax liability in the next
succeeding year or years until the total amount of the credit
has been used, except that a credit may not be carried forward
for deduction after the tenth taxable year after the taxable
year in which the qualified rehabilitation plan was placed in
service. To obtain a tax credit pursuant to this Act, an
application must be made to the Department no later than 6
months after the effective date of this Act. The Department, in
consultation with the Department of Natural Resources Agency,
shall determine the amount of eligible rehabilitation costs and
expenses. The Department of Natural Resources Agency shall
determine whether the rehabilitation is consistent with the
standards of the Secretary of the United States Department of
the Interior for rehabilitation. Upon completion and review of
the project, the Department shall issue a certificate in the
amount of the eligible credits. At the time the certificate is
issued, an issuance fee up to the maximum amount of 2% of the
amount of the credits issued by the certificate may be
collected from the applicant to administer the Act. If
collected, this issuance fee shall be evenly divided between
the Department and the Department of Natural Resources Agency.
The taxpayer must attach the certificate to the tax return on
which the credits are to be claimed.
(Source: P.A. 96-933, eff. 6-21-10.)
 
    (35 ILCS 30/30)
    Sec. 30. Powers. The Department and the Department of
Natural Resources Agency shall promulgate rules and
regulations for the administration of this Act.
(Source: P.A. 96-933, eff. 6-21-10.)
 
    Section 105. The Counties Code is amended by changing
Sections 5-31012 and 5-31017 as follows:
 
    (55 ILCS 5/5-31012)  (from Ch. 34, par. 5-31012)
    Sec. 5-31012. Powers of district. To the extent necessary
to carry out the purpose of this Division and in addition to
any other powers, duties and functions vested in museum
districts by law, but subject to limitations and restrictions
imposed elsewhere by this Division or other law, a museum
district is authorized and empowered:
    (a) To adopt bylaws, adopt and use a common seal, enter
into contracts, acquire and hold real and personal property and
take such other actions as may be necessary for the proper
conduct of its affairs.
    (b) To make and publish all ordinances, rules and
regulations necessary for the management and protection of its
property and the conduct of its affairs.
    (c) To study and ascertain the museum district artifacts
and other materials, the need for preserving such resources and
providing such facilities and the extent to which such needs
are currently being met, and to prepare and adopt coordinated
plans to meet such needs.
    (d) To acquire by gift, devise, purchase, lease, agreement
or otherwise the fee or any lessor right or interest in real
and personal property, and to hold the same with public access
for those who wish to examine or study it. The museum district
may accept the transfer of any real or personal property owned
or controlled by the State of Illinois, the county board, or
the governing body of any municipality, district or public
corporation and not devoted or dedicated to any other
inconsistent public use. In acquiring or accepting land or
rights thereto, the museum district shall give due
consideration to its historical value or county significance,
and no real property shall be acquired or accepted which in the
opinion of the museum district and the Illinois State Museum is
of low value as to its proposed use.
    (e) To acquire any or all interest in real or personal
property by a contract for purchase providing for payment in
installments over a period not to exceed 10 years with interest
on the unpaid balance owing not to exceed an amount calculated
pursuant to the provisions of "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness
and tax anticipation warrants subject to interest rate
limitations set forth therein", approved May 26, 1970, as
amended. The indebtedness incurred under this subsection when
aggregated with existing indebtedness may not exceed the debt
limits provided in Section 5-31016.
    (f) To classify, designate, plan, develop, preserve,
administer and maintain all areas and facilities in which it
has an interest and to construct, reconstruct, alter, renew,
equip and maintain buildings and other structures. Any work
performed on any building, appurtenance, structure or area
listed on the National Register of Historic Places or deemed
eligible for such listing shall be performed within such
guidelines as are established by the Department of Natural
Resources Illinois Historic Preservation Agency.
    (g) To accept gifts, grants, bequests, contributions and
appropriations of money and personal property for museum
district purposes.
    (h) To employ and fix the compensation of an executive
officer who shall be responsible to the board for the
implementation of its policies. The executive officer shall
have the power, subject to the approval of the board, to employ
and fix the compensation of such assistants and employees as
the board may consider necessary for the implementation of this
Division.
    (i) To charge and collect reasonable fees for the use of
such facilities, privileges and conveniences as may be
provided.
    (j) To police its property and to exercise police powers in
respect thereto or in respect to the enforcement of any rule or
regulation provided by its ordinances.
    (k) To lease land for a period not longer than 50 years to
a responsible person, firm, or corporation for construction,
reconstruction, alteration, development, operation and
maintenance of buildings, roads, and parking areas. Any work
performed on any leased building, structure, appurtenances or
area which is listed on the National Register of Historic
Places or deemed eligible for such listing shall be performed
within such guidelines as are established by the Department of
Natural Resources Illinois Historic Preservation Agency. Upon
expiration of any lease of land under this subsection, title to
all structures on the leased land shall be vested in the museum
district.
    (l) To lease any building or facility constructed,
reconstructed, altered, renewed, equipped, furnished,
extended, developed, and maintained by the museum district to a
responsible person, firm or corporation for operation or
development or both, and maintenance for a period not longer
than 20 years. Development, maintenance or both of any
building, structures, appurtenances or area which is listed on
the National Register of Historic Places or deemed eligible for
such listing shall be performed within such guidelines as are
established by the Department of Natural Resources Illinois
Historic Preservation Agency.
    (m) To make grants to not-for-profit historical clubs,
organizations or groups within the county.
(Source: P.A. 86-962.)
 
    (55 ILCS 5/5-31017)  (from Ch. 34, par. 5-31017)
    Sec. 5-31017. Historical buildings. Nothing in this
Division shall prohibit the museum district from appropriating
funds as otherwise provided in this Division for the
construction, equipment, extension, improvement, operation or
maintenance of any historical building, monument or marker.
Provided, however, that any work performed on any historical
building, monument or marker listed on the National Register of
Historic Places or deemed eligible for such listing shall be
conducted within such guidelines as are established by the
Department of Natural Resources Illinois Historic Preservation
Agency.
(Source: P.A. 86-962.)
 
    Section 110. The Historical Document Preservation Act is
amended by changing Section 2 as follows:
 
    (55 ILCS 120/2)  (from Ch. 128, par. 19)
    Sec. 2. The officer having the custody of such papers,
drawings, maps, writings and records shall permit search to be
made at all reasonable hours and under his supervision for such
as may be deemed of historic interest. Whenever so directed by
the county board in the manner prescribed in the foregoing
section such officer shall deliver the same to the trustee,
directors or librarian or other officer of the Department of
Natural Resources Historic Preservation Agency or society
designated by such county board.
(Source: P.A. 92-600, eff. 7-1-02.)
 
    Section 115. The Liquor Control Act of 1934 is amended by
changing Section 6-15 as follows:
 
    (235 ILCS 5/6-15)  (from Ch. 43, par. 130)
    Sec. 6-15. No alcoholic liquors shall be sold or delivered
in any building belonging to or under the control of the State
or any political subdivision thereof except as provided in this
Act. The corporate authorities of any city, village,
incorporated town, township, or county may provide by
ordinance, however, that alcoholic liquor may be sold or
delivered in any specifically designated building belonging to
or under the control of the municipality, township, or county,
or in any building located on land under the control of the
municipality, township, or county; provided that such township
or county complies with all applicable local ordinances in any
incorporated area of the township or county. Alcoholic liquor
may be delivered to and sold under the authority of a special
use permit on any property owned by a conservation district
organized under the Conservation District Act, provided that
(i) the alcoholic liquor is sold only at an event authorized by
the governing board of the conservation district, (ii) the
issuance of the special use permit is authorized by the local
liquor control commissioner of the territory in which the
property is located, and (iii) the special use permit
authorizes the sale of alcoholic liquor for one day or less.
Alcoholic liquors may be delivered to and sold at any airport
belonging to or under the control of a municipality of more
than 25,000 inhabitants, or in any building or on any golf
course owned by a park district organized under the Park
District Code, subject to the approval of the governing board
of the district, or in any building or on any golf course owned
by a forest preserve district organized under the Downstate
Forest Preserve District Act, subject to the approval of the
governing board of the district, or on the grounds within 500
feet of any building owned by a forest preserve district
organized under the Downstate Forest Preserve District Act
during times when food is dispensed for consumption within 500
feet of the building from which the food is dispensed, subject
to the approval of the governing board of the district, or in a
building owned by a Local Mass Transit District organized under
the Local Mass Transit District Act, subject to the approval of
the governing Board of the District, or in Bicentennial Park,
or on the premises of the City of Mendota Lake Park located
adjacent to Route 51 in Mendota, Illinois, or on the premises
of Camden Park in Milan, Illinois, or in the community center
owned by the City of Loves Park that is located at 1000 River
Park Drive in Loves Park, Illinois, or, in connection with the
operation of an established food serving facility during times
when food is dispensed for consumption on the premises, and at
the following aquarium and museums located in public parks: Art
Institute of Chicago, Chicago Academy of Sciences, Chicago
Historical Society, Field Museum of Natural History, Museum of
Science and Industry, DuSable Museum of African American
History, John G. Shedd Aquarium and Adler Planetarium, or at
Lakeview Museum of Arts and Sciences in Peoria, or in
connection with the operation of the facilities of the Chicago
Zoological Society or the Chicago Horticultural Society on land
owned by the Forest Preserve District of Cook County, or on any
land used for a golf course or for recreational purposes owned
by the Forest Preserve District of Cook County, subject to the
control of the Forest Preserve District Board of Commissioners
and applicable local law, provided that dram shop liability
insurance is provided at maximum coverage limits so as to hold
the District harmless from all financial loss, damage, and
harm, or in any building located on land owned by the Chicago
Park District if approved by the Park District Commissioners,
or on any land used for a golf course or for recreational
purposes and owned by the Illinois International Port District
if approved by the District's governing board, or at any
airport, golf course, faculty center, or facility in which
conference and convention type activities take place belonging
to or under control of any State university or public community
college district, provided that with respect to a facility for
conference and convention type activities alcoholic liquors
shall be limited to the use of the convention or conference
participants or participants in cultural, political or
educational activities held in such facilities, and provided
further that the faculty or staff of the State university or a
public community college district, or members of an
organization of students, alumni, faculty or staff of the State
university or a public community college district are active
participants in the conference or convention, or in Memorial
Stadium on the campus of the University of Illinois at
Urbana-Champaign during games in which the Chicago Bears
professional football team is playing in that stadium during
the renovation of Soldier Field, not more than one and a half
hours before the start of the game and not after the end of the
third quarter of the game, or in the Pavilion Facility on the
campus of the University of Illinois at Chicago during games in
which the Chicago Storm professional soccer team is playing in
that facility, not more than one and a half hours before the
start of the game and not after the end of the third quarter of
the game, or in the Pavilion Facility on the campus of the
University of Illinois at Chicago during games in which the
WNBA professional women's basketball team is playing in that
facility, not more than one and a half hours before the start
of the game and not after the 10-minute mark of the second half
of the game, or by a catering establishment which has rented
facilities from a board of trustees of a public community
college district, or in a restaurant that is operated by a
commercial tenant in the North Campus Parking Deck building
that (1) is located at 1201 West University Avenue, Urbana,
Illinois and (2) is owned by the Board of Trustees of the
University of Illinois, or, if approved by the District board,
on land owned by the Metropolitan Sanitary District of Greater
Chicago and leased to others for a term of at least 20 years.
Nothing in this Section precludes the sale or delivery of
alcoholic liquor in the form of original packaged goods in
premises located at 500 S. Racine in Chicago belonging to the
University of Illinois and used primarily as a grocery store by
a commercial tenant during the term of a lease that predates
the University's acquisition of the premises; but the
University shall have no power or authority to renew, transfer,
or extend the lease with terms allowing the sale of alcoholic
liquor; and the sale of alcoholic liquor shall be subject to
all local laws and regulations. After the acquisition by
Winnebago County of the property located at 404 Elm Street in
Rockford, a commercial tenant who sold alcoholic liquor at
retail on a portion of the property under a valid license at
the time of the acquisition may continue to do so for so long
as the tenant and the County may agree under existing or future
leases, subject to all local laws and regulations regarding the
sale of alcoholic liquor. Alcoholic liquors may be delivered to
and sold at Memorial Hall, located at 211 North Main Street,
Rockford, under conditions approved by Winnebago County and
subject to all local laws and regulations regarding the sale of
alcoholic liquor. Each facility shall provide dram shop
liability in maximum insurance coverage limits so as to save
harmless the State, municipality, State university, airport,
golf course, faculty center, facility in which conference and
convention type activities take place, park district, Forest
Preserve District, public community college district,
aquarium, museum, or sanitary district from all financial loss,
damage or harm. Alcoholic liquors may be sold at retail in
buildings of golf courses owned by municipalities or Illinois
State University in connection with the operation of an
established food serving facility during times when food is
dispensed for consumption upon the premises. Alcoholic liquors
may be delivered to and sold at retail in any building owned by
a fire protection district organized under the Fire Protection
District Act, provided that such delivery and sale is approved
by the board of trustees of the district, and provided further
that such delivery and sale is limited to fundraising events
and to a maximum of 6 events per year. However, the limitation
to fundraising events and to a maximum of 6 events per year
does not apply to the delivery, sale, or manufacture of
alcoholic liquors at the building located at 59 Main Street in
Oswego, Illinois, owned by the Oswego Fire Protection District
if the alcoholic liquor is sold or dispensed as approved by the
Oswego Fire Protection District and the property is no longer
being utilized for fire protection purposes.
    Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of the University of
Illinois for events that the Board may determine are public
events and not related student activities. The Board of
Trustees shall issue a written policy within 6 months of August
15, 2008 (the effective date of Public Act 95-847) concerning
the types of events that would be eligible for an exemption.
Thereafter, the Board of Trustees may issue revised, updated,
new, or amended policies as it deems necessary and appropriate.
In preparing its written policy, the Board of Trustees shall,
among other factors it considers relevant and important, give
consideration to the following: (i) whether the event is a
student activity or student related activity; (ii) whether the
physical setting of the event is conducive to control of liquor
sales and distribution; (iii) the ability of the event operator
to ensure that the sale or serving of alcoholic liquors and the
demeanor of the participants are in accordance with State law
and University policies; (iv) regarding the anticipated
attendees at the event, the relative proportion of individuals
under the age of 21 to individuals age 21 or older; (v) the
ability of the venue operator to prevent the sale or
distribution of alcoholic liquors to individuals under the age
of 21; (vi) whether the event prohibits participants from
removing alcoholic beverages from the venue; and (vii) whether
the event prohibits participants from providing their own
alcoholic liquors to the venue. In addition, any policy
submitted by the Board of Trustees to the Illinois Liquor
Control Commission must require that any event at which
alcoholic liquors are served or sold in buildings under the
control of the Board of Trustees shall require the prior
written approval of the Office of the Chancellor for the
University campus where the event is located. The Board of
Trustees shall submit its policy, and any subsequently revised,
updated, new, or amended policies, to the Illinois Liquor
Control Commission, and any University event, or location for
an event, exempted under such policies shall apply for a
license under the applicable Sections of this Act.
    Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Northern Illinois
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
June 28, 2011 (the effective date of Public Act 97-45)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue revised,
updated, new, or amended policies as it deems necessary and
appropriate. In preparing its written policy, the Board of
Trustees shall, in addition to other factors it considers
relevant and important, give consideration to the following:
(i) whether the event is a student activity or student-related
activity; (ii) whether the physical setting of the event is
conducive to control of liquor sales and distribution; (iii)
the ability of the event operator to ensure that the sale or
serving of alcoholic liquors and the demeanor of the
participants are in accordance with State law and University
policies; (iv) the anticipated attendees at the event and the
relative proportion of individuals under the age of 21 to
individuals age 21 or older; (v) the ability of the venue
operator to prevent the sale or distribution of alcoholic
liquors to individuals under the age of 21; (vi) whether the
event prohibits participants from removing alcoholic beverages
from the venue; and (vii) whether the event prohibits
participants from providing their own alcoholic liquors to the
venue.
    Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Chicago State
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
August 2, 2013 (the effective date of Public Act 98-132)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue revised,
updated, new, or amended policies as it deems necessary and
appropriate. In preparing its written policy, the Board of
Trustees shall, in addition to other factors it considers
relevant and important, give consideration to the following:
(i) whether the event is a student activity or student-related
activity; (ii) whether the physical setting of the event is
conducive to control of liquor sales and distribution; (iii)
the ability of the event operator to ensure that the sale or
serving of alcoholic liquors and the demeanor of the
participants are in accordance with State law and University
policies; (iv) the anticipated attendees at the event and the
relative proportion of individuals under the age of 21 to
individuals age 21 or older; (v) the ability of the venue
operator to prevent the sale or distribution of alcoholic
liquors to individuals under the age of 21; (vi) whether the
event prohibits participants from removing alcoholic beverages
from the venue; and (vii) whether the event prohibits
participants from providing their own alcoholic liquors to the
venue.
    Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Illinois State
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
March 1, 2013 (the effective date of Public Act 97-1166)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue revised,
updated, new, or amended policies as it deems necessary and
appropriate. In preparing its written policy, the Board of
Trustees shall, in addition to other factors it considers
relevant and important, give consideration to the following:
(i) whether the event is a student activity or student-related
activity; (ii) whether the physical setting of the event is
conducive to control of liquor sales and distribution; (iii)
the ability of the event operator to ensure that the sale or
serving of alcoholic liquors and the demeanor of the
participants are in accordance with State law and University
policies; (iv) the anticipated attendees at the event and the
relative proportion of individuals under the age of 21 to
individuals age 21 or older; (v) the ability of the venue
operator to prevent the sale or distribution of alcoholic
liquors to individuals under the age of 21; (vi) whether the
event prohibits participants from removing alcoholic beverages
from the venue; and (vii) whether the event prohibits
participants from providing their own alcoholic liquors to the
venue.
    Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Southern Illinois
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
August 12, 2016 (the effective date of Public Act 99-795)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue revised,
updated, new, or amended policies as it deems necessary and
appropriate. In preparing its written policy, the Board of
Trustees shall, in addition to other factors it considers
relevant and important, give consideration to the following:
(i) whether the event is a student activity or student-related
activity; (ii) whether the physical setting of the event is
conducive to control of liquor sales and distribution; (iii)
the ability of the event operator to ensure that the sale or
serving of alcoholic liquors and the demeanor of the
participants are in accordance with State law and University
policies; (iv) the anticipated attendees at the event and the
relative proportion of individuals under the age of 21 to
individuals age 21 or older; (v) the ability of the venue
operator to prevent the sale or distribution of alcoholic
liquors to individuals under the age of 21; (vi) whether the
event prohibits participants from removing alcoholic beverages
from the venue; and (vii) whether the event prohibits
participants from providing their own alcoholic liquors to the
venue.
    Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of a public university for
events that the Board of Trustees of that public university may
determine are public events and not student-related
activities. If the Board of Trustees of a public university has
not issued a written policy pursuant to an exemption under this
Section on or before July 15, 2016 (the effective date of
Public Act 99-550), then that Board of Trustees shall issue a
written policy within 6 months after July 15, 2016 (the
effective date of Public Act 99-550) concerning the types of
events that would be eligible for an exemption. Thereafter, the
Board of Trustees may issue revised, updated, new, or amended
policies as it deems necessary and appropriate. In preparing
its written policy, the Board of Trustees shall, in addition to
other factors it considers relevant and important, give
consideration to the following: (i) whether the event is a
student activity or student-related activity; (ii) whether the
physical setting of the event is conducive to control of liquor
sales and distribution; (iii) the ability of the event operator
to ensure that the sale or serving of alcoholic liquors and the
demeanor of the participants are in accordance with State law
and University policies; (iv) the anticipated attendees at the
event and the relative proportion of individuals under the age
of 21 to individuals age 21 or older; (v) the ability of the
venue operator to prevent the sale or distribution of alcoholic
liquors to individuals under the age of 21; (vi) whether the
event prohibits participants from removing alcoholic beverages
from the venue; and (vii) whether the event prohibits
participants from providing their own alcoholic liquors to the
venue. As used in this paragraph, "public university" means the
University of Illinois, Illinois State University, Chicago
State University, Governors State University, Southern
Illinois University, Northern Illinois University, Eastern
Illinois University, Western Illinois University, and
Northeastern Illinois University.
    Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of a community college
district for events that the Board of Trustees of that
community college district may determine are public events and
not student-related activities. The Board of Trustees shall
issue a written policy within 6 months after July 15, 2016 (the
effective date of Public Act 99-550) concerning the types of
events that would be eligible for an exemption. Thereafter, the
Board of Trustees may issue revised, updated, new, or amended
policies as it deems necessary and appropriate. In preparing
its written policy, the Board of Trustees shall, in addition to
other factors it considers relevant and important, give
consideration to the following: (i) whether the event is a
student activity or student-related activity; (ii) whether the
physical setting of the event is conducive to control of liquor
sales and distribution; (iii) the ability of the event operator
to ensure that the sale or serving of alcoholic liquors and the
demeanor of the participants are in accordance with State law
and community college district policies; (iv) the anticipated
attendees at the event and the relative proportion of
individuals under the age of 21 to individuals age 21 or older;
(v) the ability of the venue operator to prevent the sale or
distribution of alcoholic liquors to individuals under the age
of 21; (vi) whether the event prohibits participants from
removing alcoholic beverages from the venue; and (vii) whether
the event prohibits participants from providing their own
alcoholic liquors to the venue. This paragraph does not apply
to any community college district authorized to sell or serve
alcoholic liquor under any other provision of this Section.
    Alcoholic liquor may be delivered to and sold at retail in
the Dorchester Senior Business Center owned by the Village of
Dolton if the alcoholic liquor is sold or dispensed only in
connection with organized functions for which the planned
attendance is 20 or more persons, and if the person or facility
selling or dispensing the alcoholic liquor has provided dram
shop liability insurance in maximum limits so as to hold
harmless the Village of Dolton and the State from all financial
loss, damage and harm.
    Alcoholic liquors may be delivered to and sold at retail in
any building used as an Illinois State Armory provided:
        (i) the Adjutant General's written consent to the
    issuance of a license to sell alcoholic liquor in such
    building is filed with the Commission;
        (ii) the alcoholic liquor is sold or dispensed only in
    connection with organized functions held on special
    occasions;
        (iii) the organized function is one for which the
    planned attendance is 25 or more persons; and
        (iv) the facility selling or dispensing the alcoholic
    liquors has provided dram shop liability insurance in
    maximum limits so as to save harmless the facility and the
    State from all financial loss, damage or harm.
    Alcoholic liquors may be delivered to and sold at retail in
the Chicago Civic Center, provided that:
        (i) the written consent of the Public Building
    Commission which administers the Chicago Civic Center is
    filed with the Commission;
        (ii) the alcoholic liquor is sold or dispensed only in
    connection with organized functions held on special
    occasions;
        (iii) the organized function is one for which the
    planned attendance is 25 or more persons;
        (iv) the facility selling or dispensing the alcoholic
    liquors has provided dram shop liability insurance in
    maximum limits so as to hold harmless the Civic Center, the
    City of Chicago and the State from all financial loss,
    damage or harm; and
        (v) all applicable local ordinances are complied with.
    Alcoholic liquors may be delivered or sold in any building
belonging to or under the control of any city, village or
incorporated town where more than 75% of the physical
properties of the building is used for commercial or
recreational purposes, and the building is located upon a pier
extending into or over the waters of a navigable lake or stream
or on the shore of a navigable lake or stream. In accordance
with a license issued under this Act, alcoholic liquor may be
sold, served, or delivered in buildings and facilities under
the control of the Department of Natural Resources during
events or activities lasting no more than 7 continuous days
upon the written approval of the Director of Natural Resources
acting as the controlling government authority. The Director of
Natural Resources may specify conditions on that approval,
including but not limited to requirements for insurance and
hours of operation. Notwithstanding any other provision of this
Act, alcoholic liquor sold by a United States Army Corps of
Engineers or Department of Natural Resources concessionaire
who was operating on June 1, 1991 for on-premises consumption
only is not subject to the provisions of Articles IV and IX.
Beer and wine may be sold on the premises of the Joliet Park
District Stadium owned by the Joliet Park District when written
consent to the issuance of a license to sell beer and wine in
such premises is filed with the local liquor commissioner by
the Joliet Park District. Beer and wine may be sold in
buildings on the grounds of State veterans' homes when written
consent to the issuance of a license to sell beer and wine in
such buildings is filed with the Commission by the Department
of Veterans' Affairs, and the facility shall provide dram shop
liability in maximum insurance coverage limits so as to save
the facility harmless from all financial loss, damage or harm.
Such liquors may be delivered to and sold at any property owned
or held under lease by a Metropolitan Pier and Exposition
Authority or Metropolitan Exposition and Auditorium Authority.
    Beer and wine may be sold and dispensed at professional
sporting events and at professional concerts and other
entertainment events conducted on premises owned by the Forest
Preserve District of Kane County, subject to the control of the
District Commissioners and applicable local law, provided that
dram shop liability insurance is provided at maximum coverage
limits so as to hold the District harmless from all financial
loss, damage and harm.
    Nothing in this Section shall preclude the sale or delivery
of beer and wine at a State or county fair or the sale or
delivery of beer or wine at a city fair in any otherwise lawful
manner.
    Alcoholic liquors may be sold at retail in buildings in
State parks under the control of the Department of Natural
Resources, provided:
        a. the State park has overnight lodging facilities with
    some restaurant facilities or, not having overnight
    lodging facilities, has restaurant facilities which serve
    complete luncheon and dinner or supper meals,
        b. (blank), and
        c. the alcoholic liquors are sold by the State park
    lodge or restaurant concessionaire only during the hours
    from 11 o'clock a.m. until 12 o'clock midnight.
    Notwithstanding any other provision of this Act, alcoholic
    liquor sold by the State park or restaurant concessionaire
    is not subject to the provisions of Articles IV and IX.
    Alcoholic liquors may be sold at retail in buildings on
properties under the control of the Division of Historic Sites
and Preservation Division of the Department of Natural
Resources Historic Preservation Agency or the Abraham Lincoln
Presidential Library and Museum provided:
        a. the property has overnight lodging facilities with
    some restaurant facilities or, not having overnight
    lodging facilities, has restaurant facilities which serve
    complete luncheon and dinner or supper meals,
        b. consent to the issuance of a license to sell
    alcoholic liquors in the buildings has been filed with the
    commission by the Division of Historic Sites and
    Preservation Division of the Department of Natural
    Resources Historic Preservation Agency or the Abraham
    Lincoln Presidential Library and Museum, and
        c. the alcoholic liquors are sold by the lodge or
    restaurant concessionaire only during the hours from 11
    o'clock a.m. until 12 o'clock midnight.
    The sale of alcoholic liquors pursuant to this Section does
not authorize the establishment and operation of facilities
commonly called taverns, saloons, bars, cocktail lounges, and
the like except as a part of lodge and restaurant facilities in
State parks or golf courses owned by Forest Preserve Districts
with a population of less than 3,000,000 or municipalities or
park districts.
    Alcoholic liquors may be sold at retail in the Springfield
Administration Building of the Department of Transportation
and the Illinois State Armory in Springfield; provided, that
the controlling government authority may consent to such sales
only if
        a. the request is from a not-for-profit organization;
        b. such sales would not impede normal operations of the
    departments involved;
        c. the not-for-profit organization provides dram shop
    liability in maximum insurance coverage limits and agrees
    to defend, save harmless and indemnify the State of
    Illinois from all financial loss, damage or harm;
        d. no such sale shall be made during normal working
    hours of the State of Illinois; and
        e. the consent is in writing.
    Alcoholic liquors may be sold at retail in buildings in
recreational areas of river conservancy districts under the
control of, or leased from, the river conservancy districts.
Such sales are subject to reasonable local regulations as
provided in Article IV; however, no such regulations may
prohibit or substantially impair the sale of alcoholic liquors
on Sundays or Holidays.
    Alcoholic liquors may be provided in long term care
facilities owned or operated by a county under Division 5-21 or
5-22 of the Counties Code, when approved by the facility
operator and not in conflict with the regulations of the
Illinois Department of Public Health, to residents of the
facility who have had their consumption of the alcoholic
liquors provided approved in writing by a physician licensed to
practice medicine in all its branches.
    Alcoholic liquors may be delivered to and dispensed in
State housing assigned to employees of the Department of
Corrections. No person shall furnish or allow to be furnished
any alcoholic liquors to any prisoner confined in any jail,
reformatory, prison or house of correction except upon a
physician's prescription for medicinal purposes.
    Alcoholic liquors may be sold at retail or dispensed at the
Willard Ice Building in Springfield, at the State Library in
Springfield, and at Illinois State Museum facilities by (1) an
agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the
controlling government authority, or by (2) a not-for-profit
organization, provided that such organization:
        a. Obtains written consent from the controlling
    government authority;
        b. Sells or dispenses the alcoholic liquors in a manner
    that does not impair normal operations of State offices
    located in the building;
        c. Sells or dispenses alcoholic liquors only in
    connection with an official activity in the building;
        d. Provides, or its catering service provides, dram
    shop liability insurance in maximum coverage limits and in
    which the carrier agrees to defend, save harmless and
    indemnify the State of Illinois from all financial loss,
    damage or harm arising out of the selling or dispensing of
    alcoholic liquors.
    Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at authorized functions.
    The controlling government authority for the Willard Ice
Building in Springfield shall be the Director of the Department
of Revenue. The controlling government authority for Illinois
State Museum facilities shall be the Director of the Illinois
State Museum. The controlling government authority for the
State Library in Springfield shall be the Secretary of State.
    Alcoholic liquors may be delivered to and sold at retail or
dispensed at any facility, property or building under the
jurisdiction of the Division of Historic Sites and Preservation
Division of the Department of Natural Resources Historic
Preservation Agency or the Abraham Lincoln Presidential
Library and Museum where the delivery, sale or dispensing is by
(1) an agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from a
controlling government authority, or by (2) an individual or
organization provided that such individual or organization:
        a. Obtains written consent from the controlling
    government authority;
        b. Sells or dispenses the alcoholic liquors in a manner
    that does not impair normal workings of State offices or
    operations located at the facility, property or building;
        c. Sells or dispenses alcoholic liquors only in
    connection with an official activity of the individual or
    organization in the facility, property or building;
        d. Provides, or its catering service provides, dram
    shop liability insurance in maximum coverage limits and in
    which the carrier agrees to defend, save harmless and
    indemnify the State of Illinois from all financial loss,
    damage or harm arising out of the selling or dispensing of
    alcoholic liquors.
    The controlling government authority for the Division of
Historic Sites and Preservation Division of the Department of
Natural Resources Historic Preservation Agency shall be the
Director of Natural Resourc
es the Historic Sites and
Preservation, and the controlling government authority for the
Abraham Lincoln Presidential Library and Museum shall be the
Executive Director of the Abraham Lincoln Presidential Library
and Museum.
    Alcoholic liquors may be delivered to and sold at retail or
dispensed for consumption at the Michael Bilandic Building at
160 North LaSalle Street, Chicago IL 60601, after the normal
business hours of any day care or child care facility located
in the building, by (1) a commercial tenant or subtenant
conducting business on the premises under a lease made pursuant
to Section 405-315 of the Department of Central Management
Services Law (20 ILCS 405/405-315), provided that such tenant
or subtenant who accepts delivery of, sells, or dispenses
alcoholic liquors shall procure and maintain dram shop
liability insurance in maximum coverage limits and in which the
carrier agrees to defend, indemnify, and save harmless the
State of Illinois from all financial loss, damage, or harm
arising out of the delivery, sale, or dispensing of alcoholic
liquors, or by (2) an agency of the State, whether legislative,
judicial, or executive, provided that such agency first obtains
written permission to accept delivery of and sell or dispense
alcoholic liquors from the Director of Central Management
Services, or by (3) a not-for-profit organization, provided
that such organization:
        a. obtains written consent from the Department of
    Central Management Services;
        b. accepts delivery of and sells or dispenses the
    alcoholic liquors in a manner that does not impair normal
    operations of State offices located in the building;
        c. accepts delivery of and sells or dispenses alcoholic
    liquors only in connection with an official activity in the
    building; and
        d. provides, or its catering service provides, dram
    shop liability insurance in maximum coverage limits and in
    which the carrier agrees to defend, save harmless, and
    indemnify the State of Illinois from all financial loss,
    damage, or harm arising out of the selling or dispensing of
    alcoholic liquors.
    Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at functions authorized by the Director of
Central Management Services.
    Alcoholic liquors may be sold at retail or dispensed at the
James R. Thompson Center in Chicago, subject to the provisions
of Section 7.4 of the State Property Control Act, and 222 South
College Street in Springfield, Illinois by (1) a commercial
tenant or subtenant conducting business on the premises under a
lease or sublease made pursuant to Section 405-315 of the
Department of Central Management Services Law (20 ILCS
405/405-315), provided that such tenant or subtenant who sells
or dispenses alcoholic liquors shall procure and maintain dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, indemnify and save harmless
the State of Illinois from all financial loss, damage or harm
arising out of the sale or dispensing of alcoholic liquors, or
by (2) an agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the
Director of Central Management Services, or by (3) a
not-for-profit organization, provided that such organization:
        a. Obtains written consent from the Department of
    Central Management Services;
        b. Sells or dispenses the alcoholic liquors in a manner
    that does not impair normal operations of State offices
    located in the building;
        c. Sells or dispenses alcoholic liquors only in
    connection with an official activity in the building;
        d. Provides, or its catering service provides, dram
    shop liability insurance in maximum coverage limits and in
    which the carrier agrees to defend, save harmless and
    indemnify the State of Illinois from all financial loss,
    damage or harm arising out of the selling or dispensing of
    alcoholic liquors.
    Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at functions authorized by the Director of
Central Management Services.
    Alcoholic liquors may be sold or delivered at any facility
owned by the Illinois Sports Facilities Authority provided that
dram shop liability insurance has been made available in a
form, with such coverage and in such amounts as the Authority
reasonably determines is necessary.
    Alcoholic liquors may be sold at retail or dispensed at the
Rockford State Office Building by (1) an agency of the State,
whether legislative, judicial or executive, provided that such
agency first obtains written permission to sell or dispense
alcoholic liquors from the Department of Central Management
Services, or by (2) a not-for-profit organization, provided
that such organization:
        a. Obtains written consent from the Department of
    Central Management Services;
        b. Sells or dispenses the alcoholic liquors in a manner
    that does not impair normal operations of State offices
    located in the building;
        c. Sells or dispenses alcoholic liquors only in
    connection with an official activity in the building;
        d. Provides, or its catering service provides, dram
    shop liability insurance in maximum coverage limits and in
    which the carrier agrees to defend, save harmless and
    indemnify the State of Illinois from all financial loss,
    damage or harm arising out of the selling or dispensing of
    alcoholic liquors.
    Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the services
of a catering establishment for the selling or dispensing of
alcoholic liquors at functions authorized by the Department of
Central Management Services.
    Alcoholic liquors may be sold or delivered in a building
that is owned by McLean County, situated on land owned by the
county in the City of Bloomington, and used by the McLean
County Historical Society if the sale or delivery is approved
by an ordinance adopted by the county board, and the
municipality in which the building is located may not prohibit
that sale or delivery, notwithstanding any other provision of
this Section. The regulation of the sale and delivery of
alcoholic liquor in a building that is owned by McLean County,
situated on land owned by the county, and used by the McLean
County Historical Society as provided in this paragraph is an
exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution of the power of a home rule municipality
to regulate that sale and delivery.
    Alcoholic liquors may be sold or delivered in any building
situated on land held in trust for any school district
organized under Article 34 of the School Code, if the building
is not used for school purposes and if the sale or delivery is
approved by the board of education.
    Alcoholic liquors may be delivered to and sold at retail in
any building owned by a public library district, provided that
the delivery and sale is approved by the board of trustees of
that public library district and is limited to library
fundraising events or programs of a cultural or educational
nature. Before the board of trustees of a public library
district may approve the delivery and sale of alcoholic
liquors, the board of trustees of the public library district
must have a written policy that has been approved by the board
of trustees of the public library district governing when and
under what circumstances alcoholic liquors may be delivered to
and sold at retail on property owned by that public library
district. The written policy must (i) provide that no alcoholic
liquor may be sold, distributed, or consumed in any area of the
library accessible to the general public during the event or
program, (ii) prohibit the removal of alcoholic liquor from the
venue during the event, and (iii) require that steps be taken
to prevent the sale or distribution of alcoholic liquor to
persons under the age of 21. Any public library district that
has alcoholic liquor delivered to or sold at retail on property
owned by the public library district shall provide dram shop
liability insurance in maximum insurance coverage limits so as
to save harmless the public library districts from all
financial loss, damage, or harm.
    Alcoholic liquors may be sold or delivered in buildings
owned by the Community Building Complex Committee of Boone
County, Illinois if the person or facility selling or
dispensing the alcoholic liquor has provided dram shop
liability insurance with coverage and in amounts that the
Committee reasonably determines are necessary.
    Alcoholic liquors may be sold or delivered in the building
located at 1200 Centerville Avenue in Belleville, Illinois and
occupied by either the Belleville Area Special Education
District or the Belleville Area Special Services Cooperative.
    Alcoholic liquors may be delivered to and sold at the Louis
Joliet Renaissance Center, City Center Campus, located at 214
N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
Department facilities, Main Campus, located at 1215 Houbolt
Road, Joliet, owned by or under the control of Joliet Junior
College, Illinois Community College District No. 525.
    Alcoholic liquors may be delivered to and sold at Triton
College, Illinois Community College District No. 504.
    Alcoholic liquors may be delivered to and sold at the
College of DuPage, Illinois Community College District No. 502.
    Alcoholic liquors may be delivered to and sold on any
property owned, operated, or controlled by Lewis and Clark
Community College, Illinois Community College District No.
536.
    Alcoholic liquors may be delivered to and sold at the
building located at 446 East Hickory Avenue in Apple River,
Illinois, owned by the Apple River Fire Protection District,
and occupied by the Apple River Community Association if the
alcoholic liquor is sold or dispensed only in connection with
organized functions approved by the Apple River Community
Association for which the planned attendance is 20 or more
persons and if the person or facility selling or dispensing the
alcoholic liquor has provided dram shop liability insurance in
maximum limits so as to hold harmless the Apple River Fire
Protection District, the Village of Apple River, and the Apple
River Community Association from all financial loss, damage,
and harm.
    Alcoholic liquors may be delivered to and sold at the Sikia
Restaurant, Kennedy King College Campus, located at 740 West
63rd Street, Chicago, and at the Food Services in the Great
Hall/Washburne Culinary Institute Department facility, Kennedy
King College Campus, located at 740 West 63rd Street, Chicago,
owned by or under the control of City Colleges of Chicago,
Illinois Community College District No. 508.
(Source: P.A. 99-78, eff. 7-20-15; 99-484, eff. 10-30-15;
99-550, eff. 7-15-16; 99-559, eff. 7-15-16; 99-795, eff.
8-12-16; 100-120, eff. 8-18-17; 100-201, eff. 8-18-17.)
 
    Section 120. The Illinois Highway Code is amended by
changing Section 4-201.5 as follows:
 
    (605 ILCS 5/4-201.5)  (from Ch. 121, par. 4-201.5)
    Sec. 4-201.5. To lay out, construct and maintain, as a part
of the State highway system, highways and entrances which will
connect any State highway, now existing or hereafter
constructed, with any State park, State forest, State wildlife
or fish refuge, the grounds of any State institution or any
recreational, scenic or historic place owned or operated by the
State; any national cemetery; and to any tax supported airport
constructed in part by State and federal funds; and, with the
consent of the Department of Natural Resources, to construct,
maintain and repair that part of any road or bridge, not
otherwise under the jurisdiction of the Department, which lies
within any State park, State conservation area, State forest,
State wildlife and fish refuge, or any other recreational
scenic area owned and operated by the Department of Natural
Resources. With the consent of the Department of Natural
Resources Historic Preservation Agency, to construct, maintain
and repair that part of any road or bridge, not otherwise under
the jurisdiction of the Department, which lies within any State
Historic Site owned and operated by the Department of Natural
Resources Historic Preservation Agency.
(Source: P.A. 89-445, eff. 2-7-96.)
 
    Section 999. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
    5 ILCS 412/5-5
    5 ILCS 412/5-15
    5 ILCS 412/5-20
    5 ILCS 412/5-25
    5 ILCS 412/5-30
    5 ILCS 412/5-35
    20 ILCS 801/1-45 new
    20 ILCS 830/2-1from Ch. 96 1/2, par. 9702-1
    20 ILCS 840/1from Ch. 105, par. 468g
    20 ILCS 860/2afrom Ch. 105, par. 532a
    20 ILCS 860/3afrom Ch. 105, par. 533a
    20 ILCS 860/4afrom Ch. 105, par. 534a
    20 ILCS 860/5afrom Ch. 105, par. 535a
    20 ILCS 3405/1from Ch. 127, par. 2701
    20 ILCS 3405/2from Ch. 127, par. 2702
    20 ILCS 3405/3.1 new
    20 ILCS 3405/4.5 new
    20 ILCS 3405/6from Ch. 127, par. 2706
    20 ILCS 3405/8
    20 ILCS 3405/11from Ch. 127, par. 2711
    20 ILCS 3405/12from Ch. 127, par. 2712
    20 ILCS 3405/13from Ch. 127, par. 2713
    20 ILCS 3405/14from Ch. 127, par. 2714
    20 ILCS 3405/15from Ch. 127, par. 2715
    20 ILCS 3405/16from Ch. 127, par. 2716
    20 ILCS 3405/19from Ch. 127, par. 2719
    20 ILCS 3405/22
    20 ILCS 3405/35
    20 ILCS 3405/3 rep.
    20 ILCS 3405/4 rep.
    20 ILCS 3405/5 rep.
    20 ILCS 3405/34 rep.
    20 ILCS 3410/2from Ch. 127, par. 133d2
    20 ILCS 3410/3from Ch. 127, par. 133d3
    20 ILCS 3410/4from Ch. 127, par. 133d4
    20 ILCS 3410/5from Ch. 127, par. 133d5
    20 ILCS 3410/15from Ch. 127, par. 133d15
    20 ILCS 3415/1from Ch. 128, par. 31
    20 ILCS 3415/2from Ch. 128, par. 32
    20 ILCS 3415/3from Ch. 128, par. 33
    20 ILCS 3420/1from Ch. 127, par. 133c21
    20 ILCS 3420/3from Ch. 127, par. 133c23
    20 ILCS 3420/4from Ch. 127, par. 133c24
    20 ILCS 3420/5from Ch. 127, par. 133c25
    20 ILCS 3430/1from Ch. 123, par. 52
    20 ILCS 3430/2from Ch. 123, par. 53
    20 ILCS 3430/3from Ch. 123, par. 54
    20 ILCS 3435/1from Ch. 127, par. 133c1
    20 ILCS 3435/3from Ch. 127, par. 133c3
    20 ILCS 3435/3.1from Ch. 127, par. 133c3.1
    20 ILCS 3435/3.2from Ch. 127, par. 133c3.2
    20 ILCS 3435/5from Ch. 127, par. 133c5
    20 ILCS 3435/6from Ch. 127, par. 133c6
    20 ILCS 3435/7from Ch. 127, par. 133c7
    20 ILCS 3435/8from Ch. 127, par. 133c8
    20 ILCS 3435/9from Ch. 127, par. 133c9
    20 ILCS 3435/10from Ch. 127, par. 133c10
    20 ILCS 3435/11from Ch. 127, par. 133c11
    20 ILCS 3440/3from Ch. 127, par. 2663
    20 ILCS 3440/4from Ch. 127, par. 2664
    20 ILCS 3440/5from Ch. 127, par. 2665
    20 ILCS 3440/8from Ch. 127, par. 2668
    20 ILCS 3440/9from Ch. 127, par. 2669
    20 ILCS 3440/13from Ch. 127, par. 2673
    20 ILCS 3440/14from Ch. 127, par. 2674
    20 ILCS 3440/15from Ch. 127, par. 2675
    20 ILCS 3440/16from Ch. 127, par. 2676
    20 ILCS 3475/30
    20 ILCS 3475/60
    20 ILCS 4003/10
    20 ILCS 4003/20
    20 ILCS 5000/10
    30 ILCS 145/3from Ch. 127, par. 2653
    30 ILCS 160/2from Ch. 127, par. 4002
    30 ILCS 750/1-3from Ch. 127, par. 2701-3
    35 ILCS 5/221
    35 ILCS 30/5
    35 ILCS 30/15
    35 ILCS 30/30
    55 ILCS 5/5-31012from Ch. 34, par. 5-31012
    55 ILCS 5/5-31017from Ch. 34, par. 5-31017
    55 ILCS 120/2from Ch. 128, par. 19
    235 ILCS 5/6-15from Ch. 43, par. 130
    605 ILCS 5/4-201.5from Ch. 121, par. 4-201.5