State of Illinois
91st General Assembly
Public Acts

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Public Act 91-0202

SB448 Enrolled                                 LRB9103289MWpr

    AN ACT to amend the Historic Preservation Agency  Act  by
changing Section 16.

    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 Agency shall have the following additional
powers:
    (a)  To hire agents and employees necessary to carry  out
the duties and purposes 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  to  enter  into contracts, acquire and dispose of real
and personal property, and enter  into  leases  of  real  and
personal property.
    (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 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 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 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 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.
    (k)  To  sell surplus agricultural products grown on land
owned by or under the jurisdiction 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 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 Agency is
authorized to negotiate with the organizations  and  agencies
for  a  portion  of  the  monies  received  from  sales to be
returned  to  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 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  listed on 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 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.
    In the final report to be filed by January 31, 1996,  the
Agency  shall  include  recommendations  as  to  whether fees
should be charged at State historic sites and if so  how  the
fees  should  be  structured  and  imposed  and  estimates of
revenues and expenses associated with any recommended fees.
    (t)  To provide for overnight tent and trailer  campsites
and  to  provide  suitable housing facilities for student and
juvenile overnight camping groups.  The Agency  shall  charge
the  same rates 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. 88-91; 89-668, eff. 8-14-96.)

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