HB0574ham001 99TH GENERAL ASSEMBLY

Rep. Barbara Flynn Currie

Filed: 4/20/2015

09900HB0574ham001 LRB099 04429 JWD 34548 a

AMENDMENT TO HOUSE BILL 574

AMENDMENT NO. ______. Amend House Bill 574 by replacing everything after the enacting clause with the following:

"Article I.

Section 1-1. Short title. This Article may be cited as the Illinois Business and Economic Development Partnership Act.

Section 1-5. Findings. The General Assembly finds that targeted efforts to promote and foster business growth, job creation, and tourism are necessary for economic growth in Illinois to provide more prosperity and opportunities for Illinois residents. As both the public and private sectors have a shared interest in fostering the economic vitality of the State, it is the purpose of this Act to implement economic development policy in the State by means of collaboration between the government and a not-for-profit corporation. In addition, as the Historic Preservation Agency plays an important role in the State's tourism efforts, for maximum efficiency, the General Assembly finds that such Agency shall be abolished and all of its duties and responsibilities transferred to the Department of Commerce and Economic Opportunity. Further, such functions within that Agency as they relate to the Abraham Lincoln Presidential Library and Museum, shall be transferred to a newly-established State agency, the Abraham Lincoln Presidential Library and Museum, whose purpose shall be to promote tourism and educate Illinois residents on Lincoln's legacy and impact on the State.

Article II.

Section 2-1. Short title. This Article may be cited as the Illinois Business and Economic Development Corporation Act.

References in this Article to "this Act" mean this Article.

Section 2-5. Definitions. For the purposes of this Act:

"Board" means the board of directors of the corporation.

"Chief Executive Officer" means the chief executive officer of the corporation.

"Conflict party" means a director, officer, or employee of the corporation; the spouse of a director, officer, or employee of the corporation; or an immediate family member of a director, officer, or employee of the corporation residing in the same residence as the director, officer or employee.

"Corporation" means the Illinois Business and Economic Development Corporation incorporated by the Department pursuant to Section 2-10.

"Department" means the Illinois Department of Commerce and Economic Opportunity.

"Director" means the Director of Commerce and Economic Opportunity.

"Division of Historic Sites" means the Division of Historic Sites within the Department of Commerce and Economic Opportunity.

Section 2-10. Creation of the Illinois Business and Economic Development Corporation.

(a) The General Assembly authorizes the Department, in accordance with Section 10 of the State Agency Entity Creation Act, to incorporate the Illinois Business and Economic Development Corporation as a not-for-profit corporation pursuant to the General Not For Profit Corporation Act of 1986.

(b) The purpose of the corporation shall be to promote the economic development and well-being of the State. The corporation shall focus on business development, small and minority-owned business incubation, trade and investment, tourism and film. The corporation shall:

(1) develop best practices for economic development in consultation with the Department;

(2) enter into grant agreements with the Department and sub-grants with other persons and entities;

(3) maintain and develop economic data and research that is beneficial to business development in the State;

(4) maintain and develop information about specific statewide and regional economic incentives and benefits that may be available to a business to expand within, or relocate to, the State; and provide such information to prospective businesses;

(5) formulate and pursue programs and local partnerships for encouraging the location of new businesses in the State and for retaining and fostering the growth of existing businesses;

(6) negotiate tax incentives with private businesses, subject to Department approval; and

(7) cooperate with and provide information to State agencies, local governments, community colleges, and State universities on economic development matters.

(c) For the purposes described in this Act, the corporation shall collaborate with the Department; with other State agencies, authorities, boards, and commissions whose programs and activities significantly affect economic activity in the State as appropriate; and with local and regional economic development organizations, local elected officials, community-based organizations, service delivery providers, and other organizations whose programs and activities significantly affect economic activity. The Department and each other State agency, authority, board, or commission with which the corporation seeks to collaborate shall assist the corporation in carrying out its purposes as directed by the Governor.

(d) The corporation shall not be considered, in whole or in part, an agency, political subdivision, or instrumentality of the State. The corporation shall not exercise any sovereign power of the State. Employees and officers of the corporation shall not be considered employees or officers of the State or subject to Personnel Code or other laws applicable to State employees and officers. The corporation does not have authority to pledge the credit of the State; the State shall not be liable for the debts or obligations of the corporation; and all debts and obligations of the corporation shall be payable solely from the corporation's funds.

(e) The corporation shall have such powers, rights, and obligations as are conferred upon a not-for-profit corporation under the General Not For Profit Corporation Act of 1986, including to accept grants, loans, or other amounts from the State, the federal government, or other persons; to enter into contracts; and to employ personnel and other agents.

(f) The corporation shall be established, maintained, and operated so that donations and bequests to the corporation qualify as tax deductible under State income tax laws and Section 501(c)(3) of the Internal Revenue Code.

(g) The articles of incorporation and bylaws of the corporation shall provide for (1) governance and efficient management of the corporation, (2) a board of directors satisfying the requirements of Section 2-15, (3) a conflict of interest policy satisfying the requirements of Section 2-30, and (4) financial operations of the corporation, including the authority to receive and expend funds from public and private sources and to use its property, money, and other resources for the purposes of the corporation.

Section 2-15. Board of Directors and Chief Executive Officer of the corporation.

(a) The affairs of the corporation shall be managed by or under the direction of the board of directors of the corporation.

(b) The board shall comprise 16 directors as follows:

(1) The Governor or his or designee shall be a director ex officio and serve as chairperson of the board.

(2) The Governor shall appoint 11 directors, including (i) one director with professional experience in finance, insurance, or investment banking, (ii) one director with professional experience in small business development, (iii) one director with professional experience in the tourism or hospitality industry, and (iv) eight directors who are actively employed in the private, for-profit sector or who otherwise have substantial experience in economic development. Of those eight directors described in clause (iv), there shall be at least one director from each industry cluster as identified to the Governor by the Director. Of the 11 directors appointed pursuant to this paragraph, at least 4 directors shall be representatives of minority-owned and women-owned businesses.

(3) The Speaker and Minority Leader of the House of Representatives and the President and Minority Leader of the Senate each shall appoint one director who is employed in, or retired from employment in, a private business, not-for-profit organization, or academic organization.

(c) To facilitate communication and cooperation between the corporation and State agencies involved in economic development, the director or head of each of the following agencies shall serve as a non-voting, non-director member of the board: Department of Commerce and Economic Opportunity, Department of Agriculture, Department of Natural Resources, Department of Financial and Professional Regulation, Illinois Finance Authority, Department of Revenue, Department of Labor, Veterans' Affairs, Central Management Services, Illinois Environmental Protection Agency and Department of Employment Security.

(d) Except for the Governor or his or her designee, each director shall serve a term of three years. The articles of incorporation or bylaws shall divide the other 15 directors into three equal classes, with the terms of one class of directors expiring each year.

(e) The Governor shall select an initial Chief Executive Officer of the corporation, subject to confirmation by a majority of members of the board. After the initial Chief Executive Officer, each subsequent Chief Executive Officer shall be selected and confirmed by a majority vote of the Board.

Section 2-20. Office of Economic Development and Tourism. Within the Department, there shall be created a new division called the Office of Economic Development and Tourism. That office shall collaborate with the corporation and be responsible for the following functions of the Department: business development; entrepreneurship, innovation, and technology; trade and investment; and tourism and film. The director of that office shall report directly to the Director.

Section 2-25. Transparency and accountability.

(a) Within the Office of the Director there is created a new division called the Office of Accountability and Transparency. Such division shall be responsible for monitoring all grants made by the Department; for ensuring compliance by the Department and its grantees, including the corporation, with all applicable laws and grant terms and conditions; and for ensuring transparency in the Department's grant-making and other activities.

(b) With respect to any grant agreement entered into between the corporation and the Department, the corporation shall comply with the following provisions:

(1) For the purposes of the Freedom of Information Act, the corporation shall be considered a contractor performing a governmental function on behalf of the Department in accordance with subsection (2) of Section 7 of such Act, notwithstanding whether the corporation receives a grant from or enters into a contract with the Department.

(2) The corporation shall post copies of minutes of its board meetings on its publicly-accessible website. Any redactions shall be limited to information exempt from disclosure pursuant to subsection (1) of Section 7 of the Freedom of Information Act or other applicable law.

(3) The corporation shall post copies of all final grant agreements and tax incentives on its publicly-accessible website. Any redactions shall be limited to information exempt from disclosure pursuant to subsection (1) of Section 7 of the Freedom of Information Act or other applicable law.

(4) The corporation shall develop procedures, standards, and objectives for evaluating all sub-grant applicants and sub-grants awarded to ensure that State funds spent by the corporation and its sub-grantees optimize return on investment for Illinois taxpayers. Such procedures, standards, and objectives shall be disclosed on the corporation's publicly-accessibly website.

(5) The corporation shall assess and report its efforts and results to the public and the Department's Office of Accountability and Transparency. In addition, the corporation shall comply with all grant monitoring procedures issued by the Department for the monitoring of grants of State and federal funds.

(6) The corporation shall conduct an annual audit performed by a certified public accountant in accordance with generally accepted accounting procedures. Such audit shall be filed with the Department's Office of Accountability and Transparency and made available to the public.

(7) The corporation shall be subject to bi-annual audits by the Auditor General.

(8) The Corporation shall submit an annual report to the Governor, the General Assembly, and the Department's Office of Accountability and Transparency that describes the corporation's operations and activities during the prior fiscal year, including (A) the corporation's complete, audited financial statements, including a description of the corporation's financial conditions and operations; (B) a listing of all public sources of funds received by the corporation; (C) a listing of all private sources of funds received by the corporation; (D) a listing of all firms and individuals who provided assistance or resources to the corporation without compensation, including the approximate value of the assistance or resources provided; and (E) a description of how the operations and activities of the corporation serve the interests of the State and promote economic development.

(9) The corporation shall comply with all applicable State and federal laws, including all applicable terms of the Grant Accountability and Transparency Act.

Section 2-30. Conflicts of interest.

(a) In the conduct of their service to the corporation, directors, officers, and employees of the corporation shall behave ethically and in the best interests of the corporation and shall seek to avoid actual and potential conflicts of interest.

(b) The corporation shall adopt and maintain a comprehensive conflicts of interest policy. Such policy shall include, without limitation, the following:

(1) Any pecuniary interest held by or for a conflict party in a grant from or contract with the corporation shall be disclosed in writing and identified in the minutes of the board.

(2) A conflict party who holds a pecuniary interest in a grant from or contract with the corporation, or for whom such an interest is held, shall not participate in any corporate action with respect to such grant or contract.

(3) A conflict party may not acquire a pecuniary interest in a grant from or contract with the corporation during the time that the conflict party (or the spouse or immediate family member of the conflict party) serves as a director, officer, or employee of the corporation and for one year after termination of such service.

(4) The corporation will not enter into any grant or contract with any entity in which a conflict party is entitled to receive more than 7.5%, or in which a conflict party together with his or her spouse and immediate family members residing in his or her residence are entitled to receive more than 15%, of the total distribution income of the entity.

Section 2-35. Fundraising. The corporation shall raise and accept funds from private donors to support its economic development efforts and other operations.

Section 2-40. Historic Preservation Agency Abolished; Division of Historic Sites Created.

(a) The Historic Preservation Agency, including the Board of the Historic Preservation Agency, is abolished and its powers, duties, functions, and responsibilities, except for those contained in Sections 30, 31, 32, and 33 of the Historic Preservation Agency Act relating to the Abraham Lincoln Presidential Library and Museum, are transferred to the Historic Sites Division within the Department of Commerce and Economic Opportunity.

(b) Within the Department of Commerce and Economic Opportunity, there is created a new division called the Division of Historic Sites. All powers, duties, functions, and responsibilities of the former Historic Preservation Agency, except for those contained Sections 30, 31, 32, and 33 of the Historic Preservation Agency Act relating to the Abraham Lincoln Presidential Library and Museum, are transferred to such Division.

(c) The personnel of the Historic Preservation Agency are hereby transferred to the Historic Sites Division within the Department. 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.

(d) All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities the Historic Preservation Agency, except for those related to the Abraham Lincoln Presidential Library and Museum, shall be transferred to the Historic Sites Division.

(e) All unexpended appropriations and balances and other funds available for use by the Historic Preservation Agency, except for those related to the Abraham Lincoln Presidential Library and Museum, shall be transferred to the Department.

(f) Whatever reports or notices are now 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 the power, duties, rights and responsibilities transferred by this Act, the same shall be made, given, furnished or served in the same manner by the Division of Historic Sites.

(g) This Act 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 this Act takes effect; such actions or proceedings may be prosecuted and continued by the Department.

(h) Any rules of the Historic Preservation Agency, except for those related to the Abraham Lincoln Presidential Library and Museum that relate to its powers, duties, rights and responsibilities and are in full force on the effective date of this Act shall become rules of the Department of Commerce and Economic Opportunity. This Act does not affect the legality of any such rules in the Illinois Administrative Code.

Any proposed rules filed with the Secretary of State by the Historic Preservation Agency that are pending in the rule-making process on the effective date of this Act, shall be deemed to have been filed by the Department of Commerce and Economic Opportunity. As soon as practicable hereafter, the Department shall revise and clarify the rules transferred to it under this Act to reflect the reorganization of powers, duties, rights and responsibilities affected by this Act using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that the existing titles, part and section numbering for the affected rules may be retained.

Article III.

Section 3-1. Short title. This Article may be cited as the Abraham Lincoln Presidential Library and Museum Act.

References in this Article to "this Act" mean this Article.

Section 3-5. Definitions. As used in this Act:

"Agency" means the Abraham Lincoln Presidential Library and Museum.

"Board" means the Board of the Abraham Lincoln Presidential Library and Museum.

"Executive Director" means the Executive Director of the Abraham Lincoln Presidential Library and Museum.

"Library" means the Abraham Lincoln Presidential Library.

"Museum" means the Abraham Lincoln Presidential Museum.

Section 3-10. Abraham Lincoln Presidential Library and Museum; establishment.

(a) The Abraham Lincoln Presidential Library and Museum, formerly a constituent unit of the Illinois Historic Preservation Agency, is created as an independent State agency within the Executive Branch of State government.

(b) The Agency shall be under the supervision and direction of the Executive Director of the Abraham Lincoln Presidential Library and Museum.

Section 3-15. Board. There shall be a Board of the Abraham Lincoln Presidential Library and Museum to advise the Lincoln Presidential Library and Museum and the Executive Director on programs related to the Lincoln Presidential Library and Museum and to exercise the powers and duties given to it under Section 3-25 of this Act. The Lincoln Presidential Library and Museum and the Abraham Lincoln Presidential Library Foundation may mutually co-operate to maximize resources available to the Lincoln Presidential Library and Museum and to support, sustain, and provide educational programs and collections at the Lincoln Presidential Library and Museum. Notwithstanding any other provision of law, the Agency is not bound by any Memoranda of Understanding entered into by the Illinois Historic Preservation Agency, whether on behalf of the Abraham Lincoln Presidential Library and Museum or otherwise, and the Abraham Lincoln Presidential Library Foundation. The terms of such a Memorandum shall not be enforceable against the Agency.

Section 3-20. Composition of the Board. The Board of the Agency shall consist of the 11 members to be appointed by the Governor, with the advice and consent of the Senate. The Board shall consist of members with the following qualifications:

(1) One member shall have recognized knowledge and ability in matters related to business administration.

(2) One member shall have recognized knowledge and ability in matters related to the history of Abraham Lincoln.

(3) One member shall have recognized knowledge and ability in matters related to the history of Illinois.

(4) One member shall have recognized knowledge and ability in matters related to library and museum studies.

(5) One member shall have recognized knowledge and ability in matters related to historic preservation.

(6) One member shall have recognized knowledge and ability in matters related to cultural tourism.

The initial terms of office shall be designed by the Governor as follows: one member to serve for a term of one year, 2 members to serve for a term of 2 years, 2 members to serve for a term of 3 years, 2 members to serve for a term of 4 years, 2 member to serve for a term of 5 years, and 2 members to serve for a term of 6 years. Thereafter, all appointments shall be for a term of 6 years. The Governor shall appoint one of the members to serve as Chair at the pleasure of the Governor.

The members of the Board 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 Board from funds appropriated for that purpose.

Section 3-25. Powers and duties of the Board. The Board shall:

(a) Establish programs for implementation in support of the mission and goals of the Agency.

(b) Create and execute such seminars, symposia, or other conferences as may be necessary or advisable to the Agency.

(c) Report annually to the Governor and the General Assembly on the status of the Agency and its programs.

(d) Accept, hold, maintain, and administer, as trustee, property given in trust for education or historic purposes for the benefit of the people of the State of Illinois and dispose of any property under the terms of the instrument creating the trust.

(e) Accept, hold, maintain, and administer donated property of historical significance such as books, papers, records, and personal property of any kind, including electronic and digital property, pursuant to gifting instruments, agreements, or deeds of gift and enter into such agreements as may be necessary to carry out the Board's duties and responsibilities under this Section.

(f) Lease concessions at the Library and Museum. 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 shall contain provisions for the Agency to participate, on a percentage basis, in the revenues generated by any concession operation.

(g) Enforce the laws of the State and the rules of the Agency.

(h) 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 Board is authorized to negotiate and approve agreements with the organizations and agencies for a portion of the monies received from sales to be returned to the Agency for the furtherance of interpretative and restoration programs.

(i) Accept offers of gifts, gratuities, or grants from the federal government, its agencies, or offices, or from any person, firm, or corporation.

(j) Subject to the provisions of the Illinois Administrative Procedure Act, make reasonable rules as may be necessary to discharge the duties of the Agency.

(k) Charge and collect admission fees and rental for access to and use of the facilities of the Library and Museum.

(l) Operate a restaurant, café, or other food serving facility at the Museum or lease the operation of such a facility under reasonable terms and conditions; and provide vending services for food, beverages, or other products deemed necessary and proper, consistent with the purposes of the Library and Museum.

(m) Engage in marketing activities designed to promote the Library and Museum. In undertaking these activities, the Board 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 and printing and manufacturing of new products, reproductions, and adaptations, copyright and trademark licensing and royalty agreements, and payment of applicable taxes. In addition, the Board shall have the authority to sell advertising in its publications and printed materials.

Section 3-30. Administration of the Agency. The Board shall appoint an Executive Director of the Agency. The Executive Director shall serve at the pleasure of the Board. 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 Direction of the Library and other employees. The Executive Director may establish and collect admission and registration fees, may operate a gift shop, and may publish and sell educational and informational materials.

Section 3-35. Executive Director; exchange historical records. The Executive Director of the Agency may and is hereby required to make all necessary rules, regulations, and bylaws not inconsistent with law to carry into effect the purposes of this Act and to procure from time to time as may be possible and practicable, at reasonable costs, all books, pamphlets, manuscripts, monographs, writings, and other material of historical interest and useful to the historian bearing upon the political, physical, religious, or social history of the State of Illinois from the earliest known period of time. The Executive Director of the Agency may, with the consent of the Board, exchange any books, pamphlets, manuscripts, records or other materials which such library may acquire that are of no historical interest or for any reason are of no value to it, with any other library, school or historical society. The Executive Director shall distribute volumes of the series known as the Illinois Historical Collections now in print, and to be printed, to all who may apply for same and who pay to the Library and Museum for such volumes an amount fixed by the Executive Director sufficient to cover the expenses of printing and distribution of each volume received by such applicants. However, the Executive Director shall have authority to furnish 25 of each of the volumes of the Illinois Historical Collections, free of charge to each of the authors and editors of the collections or parts thereof; to furnish, as in his discretion he deems necessary or desirable, as reasonable number of each of the volumes of the Collections without charge to archives, libraries and similar institutions from which material has been drawn or assistance has been given in the preparation of such Collections, and to the officials thereof, to furnish, as in his discretion he deems necessary or desirable, a reasonable number of each of the volumes of the Collections without charge to the University of Illinois Library and to instructors and officials of that University, and to public libraries in the State of Illinois. The Executive Director, may, with the consent of the Board, also make exchanges of Historical Collections with any other library, school or historical society, and to distribute volumes of collections for review purposes.

Section 3-40. Illinois State Historian; appointment. The Board shall appoint the Illinois State Historian, who shall provide historical expertise, support, and service to all divisions of the Agency. The State Historian is the State's authority on Abraham Lincoln and the history of Illinois.

Section 3-45. State Historian; historical records. The State Historian shall establish and supervise a program within the Agency designed to preserve as historical records selected past editions of newspapers of this State. Such editions shall be microphotographed. The negatives of such microphotographs shall be stored in a place provided by the Agency.

The State Historian shall determine on the basis of historical value the various newspaper edition files which shall be microphotographed and shall arrange a schedule for such microphotographing. The State Historian shall supervise the making of arrangements for acquiring access to past edition filed with the editors or publishers of the various newspapers.

The method of microphotography to be employed in this program shall conform to the standards established pursuant to Section 17 of the State Records Act.

Upon payment to the Agency of the required fee, any person or organization shall be supplied with any prints requested to be made from the negatives of the microphotographs. The fee required shall be determined by the State Historian and shall be equal in amount to the costs incurred by the Agency in supplying the requested prints.

Section 3-50. Gifts to the Illinois State Historic Library. Those programs, collections, and functions heretofore administered by the Illinois State Historical Library or the Historic Preservation Agency's Historical Library Division shall be administered by the Agency. All gifts made specifically to the Illinois State Historical Library shall remain at all times within the Agency.

Section 3-55. Director of the Library; historical collections. The Director of the Library may and is hereby required to make all necessary rules, regulations, and bylaws not inconsistent with law to carry into effect the purpose of this Act and to procure from time to time as may be possible and practicable, at reasonable costs, all books, pamphlets, manuscripts, monographs, writings, and other material of historical interest and useful to the historical bearing upon the political, physical, religious, or social history of the State of Illinois from the earliest known period of time. The Director of the Library may exchange any books, pamphlets, manuscripts, records or other material which the Library may acquire that are of no historical interest of for any reason are of no value to it, with another library, school, or historical society. The Director of the Library shall distribute volumes of the series known as the Illinois Historical Collection now in print, and to be printed to all may apply for same and who pay to the Library for such volumes an amount fixed by the Director sufficient to cover the expenses of printing and distributing each volumes received by such applicants. However, the Director of the Library shall have authority to furnish 25 of each of the volumes of the Illinois Historical Collection, free of charge, to each of the authors and editors of the collection or part thereof, to furnish, as in his or her discretion he or she deems necessary or desirable, a reasonable number of each of the volumes of the collections without charge to archives, libraries and similar institutions from which materials has been drawn or assistance has been given in the preparation of such Collections, and to the officials thereof, and to furnish, as in his or her discretion he or she deems necessary or desirable, a reasonable number of each of the volumes of the collections without charge to the University of Illinois library and to instructor and officials of that University, and to the public libraries in the State of Illinois. The Director of the Library may also make exchanges of Historical Collections with any other library, school, or historical society, and to distribute volumes of collections for review purposes.

Section 3-60. State Historical Library. The rights, powers, and duties vested by law in the State Historical Library or any office, division or bureau thereof are hereby transferred to the Division of Historical Sites.

Section 3-65. Separation from the Historic Preservation Agency. On the effective date of this Act, all of the powers, duties, assets, liabilities, employees, contracts, property, 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 unexpanded appropriations of the Historic Preservation Agency related to the administration and enforcement of Section 17, 32, and of the Historic Preservation Agency Act (now repealed) 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. Staff hired on or after the effective date of this Act shall not be subject to the Personnel Code or any applicable collective bargaining agreement.

Article IV.

(20 ILCS 605/605-300 rep.)

Section 4-5. The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by repealing Section 605-300.

(20 ILCS 3405 rep.)

Section 4-10. The Historic Preservation Agency Act is repealed.

(20 ILCS 3425 rep.)

Section 4-15. The State Historical Library Act is repealed.

Article V.

Section 5-99. Effective date. This Act takes effect upon becoming law.".