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Public Act 095-0140


 

Public Act 0140 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0140
 
HB1832 Enrolled LRB095 09576 JAM 29776 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 Historic Preservation Agency Act is amended
by changing Section 16 as follows:
 
    (20 ILCS 3405/16)  (from Ch. 127, par. 2716)
    Sec. 16. The Historic Sites and Preservation Division of
the 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 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 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 camp
sites, lodges and cabins, trails, picnic areas and related
recreational facilities at all sites under the jurisdiction of
the 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 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 Agency.
    (f) To authorize the officers, employees and agents of the
Historic Sites and Preservation Division of the 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 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 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 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 Agency to participate,
on a percentage basis, in the revenues generated by any
concession operation.
    The Agency is authorized to allow for provisions for a
reserve account and a leasehold account within 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 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 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 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 Agency, when the products cannot
be used by the Agency.
    (l) To enforce the laws of the State and the rules and
regulations of the Agency in or on any lands owned, leased, or
managed by the Historic Sites and Preservation Division of the
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 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 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 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 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 Agency.
    (q) With appropriate cultural organizations, to further
and advance the goals of the 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 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 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
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 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 Agency. In
undertaking these activities, the 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
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. 91-202, eff. 1-1-00; 92-600, eff. 7-1-02.)

Effective Date: 1/1/2008