Full Text of HB0574 99th General Assembly
HB0574ham001 99TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 4/20/2015
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| 1 | | AMENDMENT TO HOUSE BILL 574
| 2 | | AMENDMENT NO. ______. Amend House Bill 574 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Article I. | 5 | | Section 1-1. Short title. This Article may be cited as the | 6 | | Illinois Business and Economic Development Partnership Act. | 7 | | Section 1-5. Findings. The General Assembly finds that | 8 | | targeted efforts to promote and foster business growth, job | 9 | | creation, and tourism are necessary for economic growth in | 10 | | Illinois to provide more prosperity and opportunities for | 11 | | Illinois residents. As both the public and private sectors have | 12 | | a shared interest in fostering the economic vitality of the | 13 | | State, it is the purpose of this Act to implement economic | 14 | | development policy in the State by means of collaboration | 15 | | between the government and a not-for-profit corporation. In |
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| 1 | | addition, as the Historic Preservation Agency plays an | 2 | | important role in the State's tourism efforts, for maximum | 3 | | efficiency, the General Assembly finds that such Agency shall | 4 | | be abolished and all of its duties and responsibilities | 5 | | transferred to the Department of Commerce and Economic | 6 | | Opportunity. Further, such functions within that Agency as they | 7 | | relate to the Abraham Lincoln Presidential Library and Museum, | 8 | | shall be transferred to a newly-established State agency, the | 9 | | Abraham Lincoln Presidential Library and Museum, whose purpose | 10 | | shall be to promote tourism and educate Illinois residents on | 11 | | Lincoln's legacy and impact on the State. | 12 | | Article II. | 13 | | Section 2-1. Short title. This Article may be cited as the | 14 | | Illinois Business and Economic Development Corporation Act. | 15 | | References in this Article to "this Act" mean this Article. | 16 | | Section 2-5. Definitions. For the purposes of this Act: | 17 | | "Board" means the board of directors of the corporation. | 18 | | "Chief Executive Officer" means the chief executive | 19 | | officer of the corporation. | 20 | | "Conflict party" means a director, officer, or employee of | 21 | | the corporation; the spouse of a director, officer, or employee | 22 | | of the corporation; or an immediate family member of a | 23 | | director, officer, or employee of the corporation residing in |
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| 1 | | the same residence as the director, officer or employee. | 2 | | "Corporation" means the Illinois Business and Economic | 3 | | Development Corporation incorporated by the Department | 4 | | pursuant to Section 2-10. | 5 | | "Department" means the Illinois Department of Commerce and | 6 | | Economic Opportunity. | 7 | | "Director" means the Director of Commerce and Economic | 8 | | Opportunity. | 9 | | "Division of Historic Sites" means the Division of Historic | 10 | | Sites within the Department of Commerce and Economic | 11 | | Opportunity. | 12 | | Section 2-10. Creation of the Illinois Business and | 13 | | Economic Development Corporation. | 14 | | (a) The General Assembly authorizes the Department, in | 15 | | accordance with Section 10 of the State Agency Entity Creation | 16 | | Act, to incorporate the Illinois Business and Economic | 17 | | Development Corporation as a not-for-profit corporation | 18 | | pursuant to the General Not For Profit Corporation Act of 1986. | 19 | | (b) The purpose of the corporation shall be to promote the | 20 | | economic development and well-being of the State. The | 21 | | corporation shall focus on business development, small and | 22 | | minority-owned business incubation, trade and investment, | 23 | | tourism and film. The corporation shall: | 24 | | (1) develop best practices for economic development in | 25 | | consultation with the Department; |
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| 1 | | (2) enter into grant agreements with the Department and | 2 | | sub-grants with other persons and entities; | 3 | | (3) maintain and develop economic data and research | 4 | | that is beneficial to business development in the State; | 5 | | (4) maintain and develop information about specific | 6 | | statewide and regional economic incentives and benefits | 7 | | that may be available to a business to expand within, or | 8 | | relocate to, the State; and provide such information to | 9 | | prospective businesses; | 10 | | (5) formulate and pursue programs and local | 11 | | partnerships for encouraging the location of new | 12 | | businesses in the State and for retaining and fostering the | 13 | | growth of existing businesses; | 14 | | (6) negotiate tax incentives with private businesses, | 15 | | subject to Department approval; and | 16 | | (7) cooperate with and provide information to State | 17 | | agencies, local governments, community colleges, and State | 18 | | universities on economic development matters. | 19 | | (c) For the purposes described in this Act, the corporation | 20 | | shall collaborate with the Department; with other State | 21 | | agencies, authorities, boards, and commissions whose programs | 22 | | and activities significantly affect economic activity in the | 23 | | State as appropriate; and with local and regional economic | 24 | | development organizations, local elected officials, | 25 | | community-based organizations, service delivery providers, and | 26 | | other organizations whose programs and activities |
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| 1 | | significantly affect economic activity. The Department and | 2 | | each other State agency, authority, board, or commission with | 3 | | which the corporation seeks to collaborate shall assist the | 4 | | corporation in carrying out its purposes as directed by the | 5 | | Governor. | 6 | | (d) The corporation shall not be considered, in whole or in | 7 | | part, an agency, political subdivision, or instrumentality of | 8 | | the State. The corporation shall not exercise any sovereign | 9 | | power of the State. Employees and officers of the corporation | 10 | | shall not be considered employees or officers of the State or | 11 | | subject to Personnel Code or other laws applicable to State | 12 | | employees and officers. The corporation does not have authority | 13 | | to pledge the credit of the State; the State shall not be | 14 | | liable for the debts or obligations of the corporation; and all | 15 | | debts and obligations of the corporation shall be payable | 16 | | solely from the corporation's funds. | 17 | | (e) The corporation shall have such powers, rights, and | 18 | | obligations as are conferred upon a not-for-profit corporation | 19 | | under the General Not For Profit Corporation Act of 1986, | 20 | | including to accept grants, loans, or other amounts from the | 21 | | State, the federal government, or other persons; to enter into | 22 | | contracts; and to employ personnel and other agents. | 23 | | (f) The corporation shall be established, maintained, and | 24 | | operated so that donations and bequests to the corporation | 25 | | qualify as tax deductible under State income tax laws and | 26 | | Section 501(c)(3) of the Internal Revenue Code. |
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| 1 | | (g) The articles of incorporation and bylaws of the | 2 | | corporation shall provide for (1) governance and efficient | 3 | | management of the corporation, (2) a board of directors | 4 | | satisfying the requirements of Section 2-15, (3) a conflict | 5 | | of interest policy satisfying the requirements of Section | 6 | | 2-30, and (4) financial operations of the corporation, | 7 | | including the authority to receive and expend funds from | 8 | | public and private sources and to use its property, money, | 9 | | and other resources for the purposes of the corporation. | 10 | | Section 2-15. Board of Directors and Chief Executive | 11 | | Officer of the corporation. | 12 | | (a) The affairs of the corporation shall be managed by or | 13 | | under the direction of the board of directors of the | 14 | | corporation. | 15 | | (b) The board shall comprise 16 directors as follows: | 16 | | (1) The Governor or his or designee shall be a director | 17 | | ex officio and serve as chairperson of the board. | 18 | | (2) The Governor shall appoint 11 directors, including | 19 | | (i) one director with professional experience in finance, | 20 | | insurance, or investment banking, (ii) one director with | 21 | | professional experience in small business development, | 22 | | (iii) one director with professional experience in the | 23 | | tourism or hospitality industry, and (iv) eight directors | 24 | | who are actively employed in the private, for-profit sector | 25 | | or who otherwise have substantial experience in economic |
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| 1 | | development. Of those eight directors described in clause | 2 | | (iv), there shall be at least one director from each | 3 | | industry cluster as identified to the Governor by the | 4 | | Director. Of the 11 directors appointed pursuant to this | 5 | | paragraph, at least 4 directors shall be representatives of | 6 | | minority-owned and women-owned businesses. | 7 | | (3) The Speaker and Minority Leader of the House of | 8 | | Representatives and the President and Minority Leader of | 9 | | the Senate each shall appoint one director who is employed | 10 | | in, or retired from employment in, a private business, | 11 | | not-for-profit organization, or academic organization. | 12 | | (c) To facilitate communication and cooperation between | 13 | | the corporation and State agencies involved in economic | 14 | | development, the director or head of each of the following | 15 | | agencies shall serve as a non-voting, non-director member of | 16 | | the board: Department of Commerce and Economic Opportunity, | 17 | | Department of Agriculture, Department of Natural Resources, | 18 | | Department of Financial and Professional Regulation, Illinois | 19 | | Finance Authority, Department of Revenue, Department of Labor, | 20 | | Veterans' Affairs, Central Management Services, Illinois | 21 | | Environmental Protection Agency and Department of Employment | 22 | | Security. | 23 | | (d) Except for the Governor or his or her designee, each | 24 | | director shall serve a term of three years. The articles of | 25 | | incorporation or bylaws shall divide the other 15 directors | 26 | | into three equal classes, with the terms of one class of |
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| 1 | | directors expiring each year. | 2 | | (e) The Governor shall select an initial Chief Executive | 3 | | Officer of the corporation, subject to confirmation by a | 4 | | majority of members of the board. After the initial Chief | 5 | | Executive Officer, each subsequent Chief Executive Officer | 6 | | shall be selected and confirmed by a majority vote of the | 7 | | Board. | 8 | | Section 2-20. Office of Economic Development and Tourism. | 9 | | Within the Department, there shall be created a new division | 10 | | called the Office of Economic Development and Tourism. That | 11 | | office shall collaborate with the corporation and be | 12 | | responsible for the following functions of the Department: | 13 | | business development; entrepreneurship, innovation, and | 14 | | technology; trade and investment; and tourism and film. The | 15 | | director of that office shall report directly to the Director. | 16 | | Section 2-25. Transparency and accountability. | 17 | | (a) Within the Office of the Director there is created a | 18 | | new division called the Office of Accountability and | 19 | | Transparency. Such division shall be responsible for | 20 | | monitoring all grants made by the Department; for ensuring | 21 | | compliance by the Department and its grantees, including the | 22 | | corporation, with all applicable laws and grant terms and | 23 | | conditions; and for ensuring transparency in the Department's | 24 | | grant-making and other activities. |
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| 1 | | (b) With respect to any grant agreement entered into | 2 | | between the corporation and the Department, the corporation | 3 | | shall comply with the following provisions: | 4 | | (1) For the purposes of the Freedom of Information Act, | 5 | | the corporation shall be considered a contractor | 6 | | performing a governmental function on behalf of the | 7 | | Department in accordance with subsection (2) of Section 7 | 8 | | of such Act, notwithstanding whether the corporation | 9 | | receives a grant from or enters into a contract with the | 10 | | Department. | 11 | | (2) The corporation shall post copies of minutes of its | 12 | | board meetings on its publicly-accessible website. Any | 13 | | redactions shall be limited to information exempt from | 14 | | disclosure pursuant to subsection (1) of Section 7 of the | 15 | | Freedom of Information Act or other applicable law. | 16 | | (3) The corporation shall post copies of all final | 17 | | grant agreements and tax incentives on its | 18 | | publicly-accessible website. Any redactions shall be | 19 | | limited to information exempt from disclosure pursuant to | 20 | | subsection (1) of Section 7 of the Freedom of Information | 21 | | Act or other applicable law. | 22 | | (4) The corporation shall develop procedures, | 23 | | standards, and objectives for evaluating all sub-grant | 24 | | applicants and sub-grants awarded to ensure that State | 25 | | funds spent by the corporation and its sub-grantees | 26 | | optimize return on investment for Illinois taxpayers. Such |
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| 1 | | procedures, standards, and objectives shall be disclosed | 2 | | on the corporation's publicly-accessibly website. | 3 | | (5) The corporation shall assess and report its efforts | 4 | | and results to the public and the Department's Office of | 5 | | Accountability and Transparency. In addition, the | 6 | | corporation shall comply with all grant monitoring | 7 | | procedures issued by the Department for the monitoring of | 8 | | grants of State and federal funds. | 9 | | (6) The corporation shall conduct an annual audit | 10 | | performed by a certified public accountant in accordance | 11 | | with generally accepted accounting procedures. Such audit | 12 | | shall be filed with the Department's Office of | 13 | | Accountability and Transparency and made available to the | 14 | | public. | 15 | | (7) The corporation shall be subject to bi-annual | 16 | | audits by the Auditor General. | 17 | | (8) The Corporation shall submit an annual report to | 18 | | the Governor, the General Assembly, and the Department's | 19 | | Office of Accountability and Transparency that describes | 20 | | the corporation's operations and activities during the | 21 | | prior fiscal year, including (A) the corporation's | 22 | | complete, audited financial statements, including a | 23 | | description of the corporation's financial conditions and | 24 | | operations; (B) a listing of all public sources of funds | 25 | | received by the corporation; (C) a listing of all private | 26 | | sources of funds received by the corporation; (D) a listing |
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| 1 | | of all firms and individuals who provided assistance or | 2 | | resources to the corporation without compensation, | 3 | | including the approximate value of the assistance or | 4 | | resources provided; and (E) a description of how the | 5 | | operations and activities of the corporation serve the | 6 | | interests of the State and promote economic development. | 7 | | (9) The corporation shall comply with all applicable | 8 | | State and federal laws, including all applicable terms of | 9 | | the Grant Accountability and Transparency Act. | 10 | | Section 2-30. Conflicts of interest. | 11 | | (a) In the conduct of their service to the corporation, | 12 | | directors, officers, and employees of the corporation shall | 13 | | behave ethically and in the best interests of the corporation | 14 | | and shall seek to avoid actual and potential conflicts of | 15 | | interest. | 16 | | (b) The corporation shall adopt and maintain a | 17 | | comprehensive conflicts of interest policy. Such policy shall | 18 | | include, without limitation, the following: | 19 | | (1) Any pecuniary interest held by or for a conflict | 20 | | party in a grant from or contract with the corporation | 21 | | shall be disclosed in writing and identified in the minutes | 22 | | of the board. | 23 | | (2) A conflict party who holds a pecuniary interest in | 24 | | a grant from or contract with the corporation, or for whom | 25 | | such an interest is held, shall not participate in any |
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| 1 | | corporate action with respect to such grant or contract. | 2 | | (3) A conflict party may not acquire a pecuniary | 3 | | interest in a grant from or contract with the corporation | 4 | | during the time that the conflict party (or the spouse or | 5 | | immediate family member of the conflict party) serves as a | 6 | | director, officer, or employee of the corporation and for | 7 | | one year after termination of such service. | 8 | | (4) The corporation will not enter into any grant or | 9 | | contract with any entity in which a conflict party is | 10 | | entitled to receive more than 7.5%, or in which a conflict | 11 | | party together with his or her spouse and immediate family | 12 | | members residing in his or her residence are entitled to | 13 | | receive more than 15%, of the total distribution income of | 14 | | the entity. | 15 | | Section 2-35. Fundraising. The corporation shall raise and | 16 | | accept funds from private donors to support its economic | 17 | | development efforts and other operations. | 18 | | Section 2-40. Historic Preservation Agency Abolished; | 19 | | Division of Historic Sites Created. | 20 | | (a) The Historic Preservation Agency, including the Board | 21 | | of the Historic Preservation Agency, is abolished and its | 22 | | powers, duties, functions, and responsibilities, except for | 23 | | those contained in Sections 30, 31, 32, and 33 of the Historic | 24 | | Preservation Agency Act relating to the Abraham Lincoln |
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| 1 | | Presidential Library and Museum, are transferred to the | 2 | | Historic Sites Division within the Department of Commerce and | 3 | | Economic Opportunity. | 4 | | (b) Within the Department of Commerce and Economic | 5 | | Opportunity, there is created a new division called the | 6 | | Division of Historic Sites. All powers, duties, functions, and | 7 | | responsibilities of the former Historic Preservation Agency, | 8 | | except for those contained Sections 30, 31, 32, and 33 of the | 9 | | Historic Preservation Agency Act relating to the Abraham | 10 | | Lincoln Presidential Library and Museum, are transferred to | 11 | | such Division. | 12 | | (c) The personnel of the Historic Preservation Agency are | 13 | | hereby transferred to the Historic Sites Division within the | 14 | | Department. The status and rights of the transferred employees, | 15 | | and the rights of the State of Illinois and its agencies, under | 16 | | the Personnel Code and applicable collective bargaining | 17 | | agreements or under any pension, retirement, or annuity plan | 18 | | are not affected (except as provided in Sections 14-110 and | 19 | | 18-127 of the Illinois Pension Code) by that transfer or by any | 20 | | other provision of this Act. | 21 | | (d) All books, records, papers, documents, property (real | 22 | | and personal), contracts, causes of action, and pending | 23 | | business pertaining to the powers, duties, rights, and | 24 | | responsibilities the Historic Preservation Agency, except for | 25 | | those related to the Abraham Lincoln Presidential Library and | 26 | | Museum, shall be transferred to the Historic Sites Division. |
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| 1 | | (e) All unexpended appropriations and balances and other | 2 | | funds available for use by the Historic Preservation Agency, | 3 | | except for those related to the Abraham Lincoln Presidential | 4 | | Library and Museum, shall be transferred to the Department. | 5 | | (f) Whatever reports or notices are now required to be made | 6 | | or given or papers or documents furnished or served by any | 7 | | person to or upon the Historic Preservation Agency in | 8 | | connection with the power, duties, rights and responsibilities | 9 | | transferred by this Act, the same shall be made, given, | 10 | | furnished or served in the same manner by the Division of | 11 | | Historic Sites. | 12 | | (g) This Act does not affect any act done, ratified, or | 13 | | canceled or any right occurring or established or any action, | 14 | | or proceeding had or commenced in an administrative, civil, or | 15 | | criminal cause by the Historic Preservation Agency before this | 16 | | Act takes effect; such actions or proceedings may be prosecuted | 17 | | and continued by the Department. | 18 | | (h) Any rules of the Historic Preservation Agency, except | 19 | | for those related to the Abraham Lincoln Presidential Library | 20 | | and Museum that relate to its powers, duties, rights and | 21 | | responsibilities and are in full force on the effective date of | 22 | | this Act shall become rules of the Department of Commerce and | 23 | | Economic Opportunity. This Act does not affect the legality of | 24 | | any such rules in the Illinois Administrative Code. | 25 | | Any proposed rules filed with the Secretary of State by the | 26 | | Historic Preservation Agency that are pending in the |
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| 1 | | rule-making process on the effective date of this Act, shall be | 2 | | deemed to have been filed by the Department of Commerce and | 3 | | Economic Opportunity. As soon as practicable hereafter, the | 4 | | Department shall revise and clarify the rules transferred to it | 5 | | under this Act to reflect the reorganization of powers, duties, | 6 | | rights and responsibilities affected by this Act using the | 7 | | procedures for recodification of rules available under the | 8 | | Illinois Administrative Procedure Act, except that the | 9 | | existing titles, part and section numbering for the affected | 10 | | rules may be retained. | 11 | | Article III. | 12 | | Section 3-1. Short title. This Article may be cited as the | 13 | | Abraham Lincoln Presidential Library and Museum Act. | 14 | | References in this Article to "this Act" mean this Article. | 15 | | Section 3-5. Definitions. As used in this Act: | 16 | | "Agency" means the Abraham Lincoln Presidential Library | 17 | | and Museum. | 18 | | "Board" means the Board of the Abraham Lincoln Presidential | 19 | | Library and Museum.
| 20 | | "Executive Director" means the Executive Director of the | 21 | | Abraham Lincoln Presidential Library and Museum. | 22 | | "Library" means the Abraham Lincoln Presidential Library. | 23 | | "Museum" means the Abraham Lincoln Presidential Museum. |
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| 1 | | Section 3-10. Abraham Lincoln Presidential Library and | 2 | | Museum; establishment. | 3 | | (a) The Abraham Lincoln Presidential Library and Museum, | 4 | | formerly a constituent unit of the Illinois Historic | 5 | | Preservation Agency, is created as an independent State agency | 6 | | within the Executive Branch of State government. | 7 | | (b) The Agency shall be under the supervision and direction | 8 | | of the Executive Director of the Abraham Lincoln Presidential | 9 | | Library and Museum. | 10 | | Section 3-15. Board. There shall be a Board of the Abraham | 11 | | Lincoln Presidential Library and Museum to advise the Lincoln | 12 | | Presidential Library and Museum and the Executive Director on | 13 | | programs related to the Lincoln Presidential Library and Museum | 14 | | and to exercise the powers and duties given to it under Section | 15 | | 3-25 of this Act. The Lincoln Presidential Library and Museum | 16 | | and the Abraham Lincoln Presidential Library Foundation may | 17 | | mutually co-operate to maximize resources available to the | 18 | | Lincoln Presidential Library and Museum and to support, | 19 | | sustain, and provide educational programs and collections at | 20 | | the Lincoln Presidential Library and Museum. Notwithstanding | 21 | | any other provision of law, the Agency is not bound by any | 22 | | Memoranda of Understanding entered into by the Illinois | 23 | | Historic Preservation Agency, whether on behalf of the Abraham | 24 | | Lincoln Presidential Library and Museum or otherwise, and the |
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| 1 | | Abraham Lincoln Presidential Library Foundation. The terms of | 2 | | such a Memorandum shall not be enforceable against the Agency. | 3 | | Section 3-20. Composition of the Board. The Board of the | 4 | | Agency shall consist of the 11 members to be appointed by the | 5 | | Governor, with the advice and consent of the Senate. The Board | 6 | | shall consist of members with the following qualifications: | 7 | | (1) One member shall have recognized knowledge and ability | 8 | | in matters related to business administration. | 9 | | (2) One member shall have recognized knowledge and ability | 10 | | in matters related to the history of Abraham Lincoln. | 11 | | (3) One member shall have recognized knowledge and ability | 12 | | in matters related to the history of Illinois. | 13 | | (4) One member shall have recognized knowledge and ability | 14 | | in matters related to library and museum studies. | 15 | | (5) One member shall have recognized knowledge and ability | 16 | | in matters related to historic preservation. | 17 | | (6) One member shall have recognized knowledge and ability | 18 | | in matters related to cultural tourism. | 19 | | The initial terms of office shall be designed by the | 20 | | Governor as follows: one member to serve for a term of one | 21 | | year, 2 members to serve for a term of 2 years, 2 members to | 22 | | serve for a term of 3 years, 2 members to serve for a term of 4 | 23 | | years, 2 member to serve for a term of 5 years, and 2 members to | 24 | | serve for a term of 6 years. Thereafter, all appointments shall | 25 | | be for a term of 6 years. The Governor shall appoint one of the |
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| 1 | | members to serve as Chair at the pleasure of the Governor. | 2 | | The members of the Board shall serve without compensation | 3 | | but shall be entitled to reimbursement for all necessary | 4 | | expenses incurred in the performance of their official duties | 5 | | as members of the Board from funds appropriated for that | 6 | | purpose. | 7 | | Section 3-25. Powers and duties of the Board. The Board | 8 | | shall: | 9 | | (a) Establish programs for implementation in support of the | 10 | | mission and goals of the Agency. | 11 | | (b) Create and execute such seminars, symposia, or other | 12 | | conferences as may be necessary or advisable to the Agency. | 13 | | (c) Report annually to the Governor and the General | 14 | | Assembly on the status of the Agency and its programs. | 15 | | (d) Accept, hold, maintain, and administer, as trustee, | 16 | | property given in trust for education or historic purposes for | 17 | | the benefit of the people of the State of Illinois and dispose | 18 | | of any property under the terms of the instrument creating the | 19 | | trust. | 20 | | (e) Accept, hold, maintain, and administer donated | 21 | | property of historical significance such as books, papers, | 22 | | records, and personal property of any kind, including | 23 | | electronic and digital property, pursuant to gifting | 24 | | instruments, agreements, or deeds of gift and enter into such | 25 | | agreements as may be necessary to carry out the Board's duties |
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| 1 | | and responsibilities under this Section. | 2 | | (f) Lease concessions at the Library and Museum. All | 3 | | leases, for whatever period, shall be made subject to the | 4 | | written approval of the Governor. All concession leases | 5 | | extending for a period in excess of 10 years shall contain | 6 | | provisions for the Agency to participate, on a percentage | 7 | | basis, in the revenues generated by any concession operation. | 8 | | (g) Enforce the laws of the State and the rules of the | 9 | | Agency. | 10 | | (h) Cooperate with private organizations and agencies of | 11 | | the State of Illinois by providing areas and the use of staff | 12 | | personnel where feasible for the sale of publications on the | 13 | | historic and cultural heritage of the State and craft items | 14 | | made by Illinois craftsmen. These sales shall not conflict with | 15 | | existing concession agreements. The Board is authorized to | 16 | | negotiate and approve agreements with the organizations and | 17 | | agencies for a portion of the monies received from sales to be | 18 | | returned to the Agency for the furtherance of interpretative | 19 | | and restoration programs. | 20 | | (i) Accept offers of gifts, gratuities, or grants from the | 21 | | federal government, its agencies, or offices, or from any | 22 | | person, firm, or corporation. | 23 | | (j) Subject to the provisions of the Illinois | 24 | | Administrative Procedure Act, make reasonable rules as may be | 25 | | necessary to discharge the duties of the Agency. | 26 | | (k) Charge and collect admission fees and rental for access |
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| 1 | | to and use of the facilities of the Library and Museum. | 2 | | (l) Operate a restaurant, café, or other food serving | 3 | | facility at the Museum or lease the operation of such a | 4 | | facility under reasonable terms and conditions; and provide | 5 | | vending services for food, beverages, or other products deemed | 6 | | necessary and proper, consistent with the purposes of the | 7 | | Library and Museum. | 8 | | (m) Engage in marketing activities designed to promote the | 9 | | Library and Museum. In undertaking these activities, the Board | 10 | | may take all necessary steps with respect to products and | 11 | | services, including, but not limited to, retail sales, | 12 | | wholesale sales, direct marketing, mail order sales, telephone | 13 | | sales, advertising and promotion, purchase of product and | 14 | | materials inventory, design and printing and manufacturing of | 15 | | new products, reproductions, and adaptations, copyright and | 16 | | trademark licensing and royalty agreements, and payment of | 17 | | applicable taxes. In addition, the Board shall have the | 18 | | authority to sell advertising in its publications and printed | 19 | | materials. | 20 | | Section 3-30. Administration of the Agency. The Board shall | 21 | | appoint an Executive Director of the Agency. The Executive | 22 | | Director shall serve at the pleasure of the Board. The | 23 | | Executive Director shall, subject to applicable provisions of | 24 | | law, execute and discharge the powers and duties of the Agency. | 25 | | The Executive Director shall have hiring power and shall |
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| 1 | | appoint (a) a Library Facilities Operations Director; and (b) a | 2 | | Director of the Library. The Executive Director shall appoint | 3 | | those other employees of the Agency as he or she deems | 4 | | appropriate and shall fix the compensation of the Library | 5 | | Facilities Operations' Director, the Direction of the Library | 6 | | and other employees. The Executive Director may establish and | 7 | | collect admission and registration fees, may operate a gift | 8 | | shop, and may publish and sell educational and informational | 9 | | materials. | 10 | | Section 3-35. Executive Director; exchange historical | 11 | | records. The Executive Director of the Agency may and is hereby | 12 | | required to make all necessary rules, regulations, and bylaws | 13 | | not inconsistent with law to carry into effect the purposes of | 14 | | this Act and to procure from time to time as may be possible | 15 | | and practicable, at reasonable costs, all books, pamphlets, | 16 | | manuscripts, monographs, writings, and other material of | 17 | | historical interest and useful to the historian bearing upon | 18 | | the political, physical, religious, or social history of the | 19 | | State of Illinois from the earliest known period of time. The | 20 | | Executive Director of the Agency may, with the consent of the | 21 | | Board, exchange any books, pamphlets, manuscripts, records or | 22 | | other materials which such library may acquire that are of no | 23 | | historical interest or for any reason are of no value to it, | 24 | | with any other library, school or historical society. The | 25 | | Executive Director shall distribute volumes of the series known |
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| 1 | | as the Illinois Historical Collections now in print, and to be | 2 | | printed, to all who may apply for same and who pay to the | 3 | | Library and Museum for such volumes an amount fixed by the | 4 | | Executive Director sufficient to cover the expenses of printing | 5 | | and distribution of each volume received by such applicants. | 6 | | However, the Executive Director shall have authority to furnish | 7 | | 25 of each of the volumes of the Illinois Historical | 8 | | Collections, free of charge to each of the authors and editors | 9 | | of the collections or parts thereof; to furnish, as in his | 10 | | discretion he deems necessary or desirable, as reasonable | 11 | | number of each of the volumes of the Collections without charge | 12 | | to archives, libraries and similar institutions from which | 13 | | material has been drawn or assistance has been given in the | 14 | | preparation of such Collections, and to the officials thereof, | 15 | | to furnish, as in his discretion he deems necessary or | 16 | | desirable, a reasonable number of each of the volumes of the | 17 | | Collections without charge to the University of Illinois | 18 | | Library and to instructors and officials of that University, | 19 | | and to public libraries in the State of Illinois. The Executive | 20 | | Director, may, with the consent of the Board, also make | 21 | | exchanges of Historical Collections with any other library, | 22 | | school or historical society, and to distribute volumes of | 23 | | collections for review purposes. | 24 | | Section 3-40. Illinois State Historian; appointment. The | 25 | | Board shall appoint the Illinois State Historian, who shall |
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| 1 | | provide historical expertise, support, and service to all | 2 | | divisions of the Agency. The State Historian is the State's | 3 | | authority on Abraham Lincoln and the history of Illinois. | 4 | | Section 3-45. State Historian; historical records. The | 5 | | State Historian shall establish and supervise a program within | 6 | | the Agency designed to preserve as historical records selected | 7 | | past editions of newspapers of this State. Such editions shall | 8 | | be microphotographed. The negatives of such microphotographs | 9 | | shall be stored in a place provided by the Agency. | 10 | | The State Historian shall determine on the basis of | 11 | | historical value the various newspaper edition files which | 12 | | shall be microphotographed and shall arrange a schedule for | 13 | | such microphotographing. The State Historian shall supervise | 14 | | the making of arrangements for acquiring access to past edition | 15 | | filed with the editors or publishers of the various newspapers. | 16 | | The method of microphotography to be employed in this | 17 | | program shall conform to the standards established pursuant to | 18 | | Section 17 of the State Records Act. | 19 | | Upon payment to the Agency of the required fee, any person | 20 | | or organization shall be supplied with any prints requested to | 21 | | be made from the negatives of the microphotographs. The fee | 22 | | required shall be determined by the State Historian and shall | 23 | | be equal in amount to the costs incurred by the Agency in | 24 | | supplying the requested prints. |
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| 1 | | Section 3-50. Gifts to the Illinois State Historic Library. | 2 | | Those programs, collections, and functions heretofore | 3 | | administered by the Illinois State Historical Library or the | 4 | | Historic Preservation Agency's Historical Library Division | 5 | | shall be administered by the Agency. All gifts made | 6 | | specifically to the Illinois State Historical Library shall | 7 | | remain at all times within the Agency. | 8 | | Section 3-55. Director of the Library; historical | 9 | | collections. The Director of the Library may and is hereby | 10 | | required to make all necessary rules, regulations, and bylaws | 11 | | not inconsistent with law to carry into effect the purpose of | 12 | | this Act and to procure from time to time as may be possible | 13 | | and practicable, at reasonable costs, all books, pamphlets, | 14 | | manuscripts, monographs, writings, and other material of | 15 | | historical interest and useful to the historical bearing upon | 16 | | the political, physical, religious, or social history of the | 17 | | State of Illinois from the earliest known period of time. The | 18 | | Director of the Library may exchange any books, pamphlets, | 19 | | manuscripts, records or other material which the Library may | 20 | | acquire that are of no historical interest of for any reason | 21 | | are of no value to it, with another library, school, or | 22 | | historical society. The Director of the Library shall | 23 | | distribute volumes of the series known as the Illinois | 24 | | Historical Collection now in print, and to be printed to all | 25 | | may apply for same and who pay to the Library for such volumes |
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| 1 | | an amount fixed by the Director sufficient to cover the | 2 | | expenses of printing and distributing each volumes received by | 3 | | such applicants. However, the Director of the Library shall | 4 | | have authority to furnish 25 of each of the volumes of the | 5 | | Illinois Historical Collection, free of charge, to each of the | 6 | | authors and editors of the collection or part thereof, to | 7 | | furnish, as in his or her discretion he or she deems necessary | 8 | | or desirable, a reasonable number of each of the volumes of the | 9 | | collections without charge to archives, libraries and similar | 10 | | institutions from which materials has been drawn or assistance | 11 | | has been given in the preparation of such Collections, and to | 12 | | the officials thereof, and to furnish, as in his or her | 13 | | discretion he or she deems necessary or desirable, a reasonable | 14 | | number of each of the volumes of the collections without charge | 15 | | to the University of Illinois library and to instructor and | 16 | | officials of that University, and to the public libraries in | 17 | | the State of Illinois. The Director of the Library may also | 18 | | make exchanges of Historical Collections with any other | 19 | | library, school, or historical society, and to distribute | 20 | | volumes of collections for review purposes. | 21 | | Section 3-60. State Historical Library. The rights, | 22 | | powers, and duties vested by law in the State Historical | 23 | | Library or any office, division or bureau thereof are hereby | 24 | | transferred to the Division of Historical Sites. |
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| 1 | | Section 3-65. Separation from the Historic Preservation | 2 | | Agency. On the effective date of this Act, all of the powers, | 3 | | duties, assets, liabilities, employees, contracts, property, | 4 | | including any items formerly contained in the Illinois State | 5 | | Historical Library now presently held in the Abraham Lincoln | 6 | | Presidential Library and Museum, records, pending business, | 7 | | and unexpanded appropriations of the Historic Preservation | 8 | | Agency related to the administration and enforcement of Section | 9 | | 17, 32, and of the Historic Preservation Agency Act (now | 10 | | repealed) are transferred to the Agency created under this Act.
| 11 | | The status and rights of the transferred employees, and the | 12 | | rights of the State of Illinois and its agencies, under the | 13 | | Personnel Code and applicable collective bargaining agreements | 14 | | or under any pension, retirement, or annuity plan are not | 15 | | affected (except as provided in Sections 14-110 and 18-127 of | 16 | | the Illinois Pension Code) by that transfer or by any other | 17 | | provision of this Act. Staff hired on or after the effective | 18 | | date of this Act shall not be subject to the Personnel Code or | 19 | | any applicable collective bargaining agreement. | 20 | | Article IV. | 21 | | (20 ILCS 605/605-300 rep.) | 22 | | Section 4-5. The Department of Commerce and Economic | 23 | | Opportunity Law of the Civil Administrative Code of Illinois is | 24 | | amended by repealing Section 605-300. |
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| 1 | | (20 ILCS 3405 rep.) | 2 | | Section 4-10. The Historic Preservation Agency Act is | 3 | | repealed. | 4 | | (20 ILCS 3425 rep.) | 5 | | Section 4-15. The State Historical Library Act is repealed. | 6 | | Article V.
| 7 | | Section 5-99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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