98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2839

 

Introduced 1/30/2014, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
See Index

     Amends the Historic Preservation Agency Act. Expands the list of State Historic Sites to include (i) Apple River Fort State Historic Site, Jo Daviess County; (ii) the Crenshaw House State Historic Site, Gallatin County; (iii) the Lewis and Clark State Historic Site, Madison County; (iv) the Martin Boismenue House State Historic Site, St. Clair County; and (v) the World War II Memorial, Sangamon County. Changes the name of the Amistad Commission to the Amistad and Freedom Trail Commission. Requires the Commission to prepare a master plan to promote and preserve the history of the African slave trade, slavery in America, the vestiges of slavery in this country, the freedom trail and underground railroad in the State, and the contributions of African-Americans to our society. Requires the Commission (i) to assist in developing partnerships to seek public and private funds to carry out events memorializing the freedom trail and underground railroad and (ii) to assist in and promote the making of applications for inclusion in the National Park Service's National Underground Railroad Network to Freedom Program. Makes changes to provisions concerning Commission members; the administration of the Lincoln Presidential Library; and the Office of the Internal Auditor of the Historic Preservation Agency. Repeals a provision creating the Freedom Trail Commission. Amends the Illinois Historic Preservation Act. Reduces the number of members on the Illinois Historic Sites Advisory Council from 15 to 11 and makes other changes. Amends the School Code. Changes a reference to "Amistad Commission" to "Amistad and Freedom Trail Commission. Repeals the Local Legacy Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2839LRB098 17093 KTG 52679 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Historic Preservation Agency Act is amended
5by changing Sections 6, 22, 33, and 34 as follows:
 
6    (20 ILCS 3405/6)  (from Ch. 127, par. 2706)
7    Sec. 6. Jurisdiction. The Historic Sites and Preservation
8Division of the Agency shall have jurisdiction over the
9following described areas which are hereby designated as State
10Historic Sites, State Memorials, and Miscellaneous Properties:
 
11
State Historic Sites
12
13    Apple River Fort State Historic Site, Jo Daviess County;
14    Bishop Hill State Historic Site, Henry County;
15    Black Hawk State Historic Site, Rock Island County;
16    Bryant Cottage State Historic Site, Piatt County;
17    Buel House, Pope County;
18    Cahokia Courthouse State Historic Site, St. Clair County;
19    Cahokia Mounds State Historic Site, in Madison and St.
20        Clair Counties (however, the Illinois State Museum
21        shall act as curator of artifacts pursuant to the
22        provisions of the Archaeological and Paleontological

 

 

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1        Resources Protection Act);
2    Crenshaw House State Historic Site, Gallatin County;
3    Dana-Thomas House State Historic Site, Sangamon County;
4    David Davis Mansion State Historic Site, McLean County;
5    Douglas Tomb State Historic Site, Cook County;
6    Fort de Chartres State Historic Site, Randolph County;
7    Fort Kaskaskia State Historic Site, Randolph County;
8    Grand Village of the Illinois, LaSalle County;
9    U. S. Grant Home State Historic Site, Jo Daviess County;
10    Hotel Florence, Cook County;
11    Jarrot Mansion State Historic Site, St. Clair County;
12    Jubilee College State Historic Site, Peoria County;
13    Lewis and Clark State Historic Site, Madison County;
14    Lincoln-Herndon Law Offices State Historic Site, Sangamon
15        County;
16    Lincoln Log Cabin State Historic Site, Coles County;
17    Lincoln's New Salem State Historic Site, Menard County;
18    Lincoln Tomb State Historic Site, Sangamon County;
19    Pierre Menard Home State Historic Site, Randolph County;
20    Martin Boismenue House State Historic Site, St. Clair
21        County;
22    Metamora Courthouse State Historic Site, Woodford County;
23    Moore Home State Historic Site, Coles County;
24    Mount Pulaski Courthouse State Historic Site, Logan
25        County;
26    Old Market House State Historic Site, Jo Daviess County;

 

 

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1    Old State Capitol State Historic Site, Sangamon County;
2    Postville Courthouse State Historic Site, Logan County;
3    Pullman Factory, Cook County;
4    Rose Hotel, Hardin County;
5    Carl Sandburg State Historic Site, Knox County;
6    Shawneetown Bank State Historic Site, Gallatin County;
7    Vachel Lindsay Home, Sangamon County;
8    Vandalia State House State Historic Site, Fayette County;
9        and
10    Washburne House State Historic Site, Jo Daviess County.
 
11
State Memorials
12    Campbell's Island State Memorial, Rock Island County;
13    Governor Bond State Memorial, Randolph County;
14    Governor Coles State Memorial, Madison County;
15    Governor Horner State Memorial, Cook County;
16    Governor Small State Memorial, Kankakee County;
17    Illinois Vietnam Veterans State Memorial, Sangamon County;
18    Kaskaskia Bell State Memorial, Randolph County;
19    Korean War Memorial, Sangamon County;
20    Lewis and Clark State Memorial, Madison County;
21    Lincoln Monument State Memorial, Lee County;
22    Lincoln Trail State Memorial, Lawrence County;
23    Lovejoy State Memorial, Madison County;
24    Norwegian Settlers State Memorial, LaSalle County; and
25    Wild Bill Hickok State Memorial, LaSalle County; and .

 

 

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1    World War II Memorial, Sangamon County.
 
2
Miscellaneous Properties
3    Albany Mounds, Whiteside County;
4    Emerald Mound, St. Clair County;
5    Halfway Tavern, Marion County;
6    Hofmann Tower, Cook County; and
7    Kincaid Mounds, Massac and Pope Counties.
8(Source: P.A. 92-600, eff. 7-1-02.)
 
9    (20 ILCS 3405/22)
10    Sec. 22. Amistad and Freedom Trail Commission.
11    (a) Purpose. The General Assembly finds and declares that
12all people should know of and remember the human carnage and
13dehumanizing atrocities committed during the period of the
14African slave trade and slavery in America and of the vestiges
15of slavery in this country; and it is in fact vital to educate
16our citizens on these events, the legacy of slavery, the sad
17history of racism in this country, and the principles of human
18rights and dignity in a civilized society.
19    It is the policy of the State of Illinois that the history
20of the African slave trade, slavery in America, the underground
21railroad, the depth of their impact in our society, and the
22triumphs of African-Americans and their significant
23contributions to the development of this country is the proper
24concern of all people, particularly students enrolled in the

 

 

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1schools of the State of Illinois.
2    It is therefore desirable to create a Commission that, as
3an organized body and on a continuous basis, will survey,
4design, encourage, and promote the implementation of education
5and awareness programs in Illinois that are concerned with the
6African slave trade, slavery in America, the vestiges of
7slavery in this country, the underground railroad, and the
8contributions of African-Americans in building our country; to
9develop workshops, institutes, seminars, and other teacher
10training activities designed to educate teachers on this
11subject matter; and that will be responsible for the
12coordination of events on a regular basis, throughout the
13State, that provide appropriate memorialization of the events
14concerning the enslavement of Africans and their descendants in
15America and their struggle for freedom, liberty, and equality.
16    (b) Amistad and Freedom Trail Commission. The Amistad and
17Freedom Trail Commission is created within the Agency. The
18Commission is named to honor the group of enslaved Africans
19transported in 1839 on a vessel named the Amistad who overthrew
20their captors and created an international incident that was
21eventually argued before the Supreme Court and that shed a
22growing light on the evils of the slave trade and galvanized a
23growing abolitionist movement towards demanding the end of
24slavery in the United States.
25    (c) Membership. The Commission shall consist of 15 members,
26including 3 ex officio members: the State Superintendent of

 

 

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1Education or his or her designee, the Director of Commerce and
2Economic Opportunity or his or her designee, and the Director
3of Historic Sites and Preservation or his or her designee; and
412 public members. Public members shall be appointed as
5follows:
6        (i) 2 members appointed by the President of the Senate
7    and one member appointed by the Minority Leader of the
8    Senate;
9        (ii) 2 members appointed by the Speaker of the House of
10    Representatives and one member appointed by the Minority
11    Leader of the House of Representatives; and
12        (iii) 6 members, no more than 4 of whom shall be of the
13    same political party, appointed by the Governor.
14    The public members shall be residents of this State, chosen
15with due regard to broad geographic representation and ethnic
16diversity, who have served actively in organizations that
17educate the public on the history of the African slave trade,
18the contributions of African-Americans to our society, and
19civil rights issues.
20    Each public member of the Commission shall serve for a term
21of 3 years, except that of the initial members so appointed:
22one member appointed by the President of the Senate, one member
23appointed by the Speaker of the House of Representatives, and 2
24members appointed by the Governor shall serve for terms of one
25year; the member appointed by the Minority Leader of the
26Senate, one member appointed by the Speaker of the House of

 

 

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1Representatives, and 2 members appointed by the Governor shall
2serve for terms of 2 years; and one member appointed by the
3President of the Senate, the member appointed by the Minority
4Leader of the House of Representatives, and 2 members appointed
5by the Governor shall serve for terms of 3 years. Public
6members shall be eligible for reappointment. They shall serve
7until their successors are appointed and qualified, and the
8term of the successor of any incumbent shall be calculated from
9the expiration of the term of that incumbent. A vacancy
10occurring other than by expiration of term shall be filled in
11the same manner as the original appointment, but for the
12unexpired term only.
13    (d) Election of chairperson; meetings. At its first meeting
14and annually thereafter, the Commission shall elect from among
15its members a chairperson and other officers it considers
16necessary or appropriate. After its first meeting, the
17Commission shall meet at least quarterly, or more frequently at
18the call of the chairperson or if requested by 9 or more
19members.
20    (e) Quorum. A majority of the members of the Commission
21constitute a quorum for the transaction of business at a
22meeting of the Commission. A majority of the members present
23and serving is required for official action of the Commission.
24    (f) Public meeting. All business that the Commission is
25authorized to perform shall be conducted at a public meeting of
26the Commission, held in compliance with the Open Meetings Act.

 

 

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1    (g) Freedom of Information. A writing prepared, owned,
2used, in the possession of, or retained by the Commission in
3the performance of an official function is subject to the
4Freedom of Information Act.
5    (h) Compensation. The members of the Commission shall serve
6without compensation, but shall be entitled to reimbursement
7for all necessary expenses incurred in the performance of their
8official duties as members of the Commission from funds
9appropriated for that purpose. Reimbursement for travel,
10meals, and lodging shall be in accordance with the rules of the
11Governor's Travel Control Board.
12    (i) Duties. The Commission shall have the following
13responsibilities and duties:
14        (1) To prepare a master plan to promote and preserve
15    the history of the African slave trade, slavery in America,
16    the vestiges of slavery in this country, the freedom trail
17    and underground railroad in the State, and the
18    contributions of African-Americans to our society.
19        (2) (1) To provide, based upon the collective interest
20    of the members and the knowledge and experience of the
21    members, assistance and advice to schools within the State
22    with respect to the implementation of education, awareness
23    programs, textbooks, and educational materials concerned
24    with the African slave trade, slavery in America, the
25    vestiges of slavery in this country, the underground
26    railroad, and the contributions of African-Americans to

 

 

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1    our society.
2        (3) (2) To survey and catalog the extent and breadth of
3    education concerning the African slave trade, slavery in
4    America, the vestiges of slavery in this country, the
5    underground railroad, and the contributions of
6    African-Americans to our society presently being
7    incorporated into the curricula and textbooks and taught in
8    the school systems of the State; to inventory those African
9    slave trade, American slavery, or relevant
10    African-American history memorials, exhibits, and
11    resources that should be incorporated into courses of study
12    at educational institutions, schools, and various other
13    locations throughout the State; and to assist the State
14    Board of Education and other State and educational agencies
15    in the development and implementation of African slave
16    trade, American slavery, and African-American history
17    education programs.
18        (4) (3) To act as a liaison with textbook publishers,
19    schools, public, private, and nonprofit resource
20    organizations, and members of the United States Senate and
21    House of Representatives and the Illinois Senate and House
22    of Representatives in order to facilitate the inclusion of
23    the history of African slavery and of African-Americans in
24    this country in the curricula of public and nonpublic
25    schools.
26        (5) (4) To compile a roster of individual volunteers

 

 

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1    who are willing to share their knowledge and experience in
2    classrooms, seminars, and workshops with students and
3    teachers on the subject of the African slave trade,
4    American slavery, the impact of slavery on our society
5    today, and the contributions of African-Americans to our
6    country.
7        (6) (5) To coordinate events memorializing the African
8    slave trade, American slavery, the freedom trail and
9    underground railroad, and the history of African-Americans
10    in this country that reflect the contributions of
11    African-Americans in overcoming the burdens of slavery and
12    its vestiges; , and to seek volunteers who are willing and
13    able to participate in commemorative events that will
14    enhance student awareness of the significance of the
15    African slave trade, American slavery, its historical
16    impact, and the struggle for freedom; and to assist in
17    developing partnerships to seek public and private funds to
18    carry out these events.
19        (7) (6) To prepare reports for the Governor and the
20    General Assembly regarding its findings and
21    recommendations on facilitating the inclusion of the
22    African slave trade, American slavery studies,
23    African-American history, the underground railroad, and
24    special programs in the educational system of the State.
25        (8) To assist in and promote the making of applications
26    for inclusion in the National Park Service's National

 

 

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1    Underground Railroad Network to Freedom Program.
2        (9) (7) To develop, in consultation with the State
3    Board of Education, curriculum guidelines that will be made
4    available to every school board for the teaching of
5    information on the African slave trade, slavery in America,
6    the vestiges of slavery in this country, the underground
7    railroad, and the contributions of African-Americans to
8    our country.
9        (10) (8) To solicit, receive, and accept
10    appropriations, gifts, and donations for Commission
11    operations and programs authorized under this Section.
12    (j) Commission requests for assistance. The Commission is
13authorized to call upon any department, office, division, or
14agency of the State, or of any county, municipality, or school
15district of the State, to supply such data, program reports,
16and other information, appropriate school personnel, and
17assistance as it deems necessary to discharge its
18responsibilities under this Act. These departments, offices,
19divisions, and agencies shall, to the extent possible and not
20inconsistent with any other law of this State, cooperate with
21the Commission and shall furnish it with such information,
22appropriate school personnel, and assistance as may be
23necessary or helpful to accomplish the purposes of this Act.
24    (k) State Board of Education assistance. The State Board of
25Education shall:
26        (1) Assist the Amistad and Freedom Trail Commission in

 

 

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1    marketing and distributing to educators, administrators,
2    and school districts in the State educational information
3    and other materials on the African slave trade, slavery in
4    America, the vestiges of slavery in this country, the
5    underground railroad, and the contributions of
6    African-Americans to our society.
7        (2) Conduct at least one teacher workshop annually on
8    the African slave trade, slavery in America, the vestiges
9    of slavery in this country, the underground railroad, and
10    the contributions of African-Americans to our society.
11        (3) Assist the Amistad and Freedom Trail Commission in
12    monitoring the inclusion of slavery materials and
13    curricula in the State's educational system.
14        (4) Consult with the Amistad and Freedom Trail
15    Commission to determine ways it may survey, catalog, and
16    extend slave trade and American slavery education
17    presently being taught in the State's educational system.
18    The State Board of Education may, subject to the
19availability of appropriations, hire additional staff and
20consultants to carry out the duties and responsibilities
21provided within this subsection (k).
22    (l) Report. The Commission shall report its activities and
23findings, as required under subsection (i), to the Governor and
24General Assembly on or before June 30, 2006, and biannually
25thereafter.
26(Source: P.A. 94-285, eff. 7-21-05.)
 

 

 

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1    (20 ILCS 3405/33)
2    Sec. 33. Administration of the Lincoln Presidential
3Library. The Governor, with the advice and consent of the
4Senate, shall appoint a Library Director of the Lincoln
5Presidential Library. The Library Director shall serve at the
6pleasure of the Governor. The Library Director shall, subject
7to applicable provisions of law, execute and discharge the
8powers and duties of the Lincoln Presidential Library and
9implement the policies set by the Board. The Library Director,
10with the concurrence of the Board, shall appoint: (a) a Library
11Facilities Operations Director; and (b) a Director of the
12Illinois State Historical Library and may appoint a Library
13Facilities Operations Director. Subject to concurrence by the
14Board, the Library Director shall appoint those other employees
15of the Lincoln Presidential Library and the Illinois State
16Historical Library as he or she deems appropriate and shall fix
17the compensation of the Library Facilities Operations
18Director, the Director of the Illinois State Historical
19Library, and other employees. The Library Director, with the
20approval of the Board, may establish and collect admission and
21registration fees, may operate a gift shop and restaurant, and
22may publish and sell educational and informational materials.
23(Source: P.A. 92-600, eff. 7-1-02.)
 
24    (20 ILCS 3405/34)

 

 

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1    Sec. 34. Internal Auditor. There is created the Office of
2the Internal Auditor of the Historic Preservation Agency. The
3Office shall function in compliance with the Fiscal Control and
4Internal Auditing Act. The Internal Auditor shall report to the
5Director and the Board. The Internal Auditor shall be appointed
6by the Board, shall serve at the pleasure of the Board, and
7shall report to the Board. The Internal Auditor shall audit and
8maintain the financial books, records, papers, and
9transactions of the Lincoln Presidential Library and the
10Historic Sites and Preservation Division of the Historic
11Preservation Agency. The Internal Auditor shall prepare an
12annual report for each fiscal year of the operations of the
13Historic Preservation Agency, which shall be submitted to the
14Board, the General Assembly, and the Governor. Nothing in this
15Section shall abridge the authority of the Illinois Auditor
16General to independently audit the Illinois Historic
17Preservation Agency or any of the libraries, divisions, or
18offices contained within the Agency.
19(Source: P.A. 92-600, eff. 7-1-02.)
 
20    (20 ILCS 3405/20 rep.)
21    Section 10. The Historic Preservation Agency Act is amended
22by repealing Section 20.
 
23    Section 15. The Illinois Historic Preservation Act is
24amended by changing Section 3 as follows:
 

 

 

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1    (20 ILCS 3410/3)  (from Ch. 127, par. 133d3)
2    Sec. 3. There is recognized and established hereunder the
3Illinois Historic Sites Advisory Council, previously
4established pursuant to Federal regulations, hereafter called
5the Council. The Council shall consist of 11 Illinois residents
615 members. Of these, there shall be at least 2 3 historians,
7at least 2 3 architectural historians, or architects with a
8preservation background, and at least 2 3 archeologists. These
96 members shall meet the minimum standards of professional
10qualifications as set forth in 36 CFR 61.4(e) and verified by
11the State Historic Preservation Officer. Professionals from
12closely related fields are eligible to serve on the Council in
13lieu of the above specified professionals subject to the
14approval of the National Park Service. The remaining 5 6
15members shall be drawn from supporting fields and have a
16preservation interest. Supporting fields shall include but not
17be limited to historical geography, law, urban planning, local
18government officials, and members of other preservation
19commissions. All shall be appointed by the Director of Historic
20Sites and Preservation, with the consent of the Board.
21    The Council Chairperson shall be appointed by the Director
22of Historic Sites and Preservation from the Council membership
23and shall serve at the Director's pleasure.
24    The Director of the Lincoln Presidential Library and the
25Director of the Illinois State Museum shall serve on the

 

 

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1Council in advisory capacity as non-voting members.
2    The term of office for Council members shall be 2 years,
3with 5 members to be appointed one year and 6 members to be
4appointed in alternate years. No member shall be appointed to
5more than 3 consecutive terms. Terms of membership shall be 3
6years and shall be staggered by the Director to assure
7continuity of representation.
8    The Council shall meet at least 3 times each year.
9Additional meetings may be held at the call of the chairperson
10or at the call of the Director.
11    Members shall serve without compensation, but shall be
12reimbursed for actual expenses incurred in the performance of
13their duties.
14(Source: P.A. 97-785, eff. 7-13-12.)
 
15    (20 ILCS 3988/Act rep.)
16    Section 20. The Local Legacy Act is repealed.
 
17    Section 25. The School Code is amended by changing Section
1827-20.4 as follows:
 
19    (105 ILCS 5/27-20.4)  (from Ch. 122, par. 27-20.4)
20    Sec. 27-20.4. Black History Study. Every public elementary
21school and high school shall include in its curriculum a unit
22of instruction studying the events of Black History, including
23the history of the African slave trade, slavery in America, and

 

 

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1the vestiges of slavery in this country. These events shall
2include not only the contributions made by individual
3African-Americans in government and in the arts, humanities and
4sciences to the economic, cultural and political development of
5the United States and Africa, but also the socio-economic
6struggle which African-Americans experienced collectively in
7striving to achieve fair and equal treatment under the laws of
8this nation. The studying of this material shall constitute an
9affirmation by students of their commitment to respect the
10dignity of all races and peoples and to forever eschew every
11form of discrimination in their lives and careers.
12    The State Superintendent of Education may prepare and make
13available to all school boards instructional materials,
14including those established by the Amistad and Freedom Trail
15Commission, which may be used as guidelines for development of
16a unit of instruction under this Section; provided, however,
17that each school board shall itself determine the minimum
18amount of instruction time which shall qualify as a unit of
19instruction satisfying the requirements of this Section.
20(Source: P.A. 94-285, eff. 7-21-05.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 3405/6from Ch. 127, par. 2706
4    20 ILCS 3405/22
5    20 ILCS 3405/33
6    20 ILCS 3405/34
7    20 ILCS 3405/20 rep.
8    20 ILCS 3410/3from Ch. 127, par. 133d3
9    20 ILCS 3988/Act rep.
10    105 ILCS 5/27-20.4from Ch. 122, par. 27-20.4