Full Text of SB1728 99th General Assembly
SB1728ham001 99TH GENERAL ASSEMBLY | Rep. Michael J. Madigan Filed: 5/27/2015
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| 1 | | AMENDMENT TO SENATE BILL 1728
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1728 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 | | Abraham Lincoln Presidential Library and Museum Act. | 7 | | References in this Article to "this Act" mean this Article. | 8 | | Section 1-5. Definitions. As used in this Act: | 9 | | "Agency" means the Abraham Lincoln Presidential Library | 10 | | and Museum. | 11 | | "Board" means the Board of Trustees of the Abraham Lincoln | 12 | | Presidential Library and Museum.
| 13 | | "Executive Director" means the Executive Director of the | 14 | | Abraham Lincoln Presidential Library and Museum. | 15 | | "Library" means the Abraham Lincoln Presidential Library. |
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| 1 | | "Museum" means the Abraham Lincoln Presidential Museum. | 2 | | Section 1-10. Abraham Lincoln Presidential Library and | 3 | | Museum; establishment. | 4 | | (a) The Abraham Lincoln Presidential Library and Museum, | 5 | | formerly a constituent unit of the Illinois Historic | 6 | | Preservation Agency, is created as an independent State agency | 7 | | within the Executive Branch of State government. | 8 | | (b) The Agency shall have control and custody of the | 9 | | Abraham Lincoln Presidential Library and Museum complex, | 10 | | including the Abraham Lincoln Presidential Library and Museum, | 11 | | the Abraham Lincoln Presidential Library and Museum's parking | 12 | | garage, Union Station, and Union Park, in Springfield. | 13 | | (c) The Agency shall be under the supervision and direction | 14 | | of the Executive Director of the Abraham Lincoln Presidential | 15 | | Library and Museum. | 16 | | Section 1-15. Board. There shall be a Board of Trustees of | 17 | | the Abraham Lincoln Presidential Library and Museum to set | 18 | | policy and advise the Abraham Lincoln Presidential Library and | 19 | | Museum and the Executive Director on programs related to the | 20 | | Abraham Lincoln Presidential Library and Museum and to exercise | 21 | | the powers and duties given to it under Section 3-25 of this | 22 | | Act. The Abraham Lincoln Presidential Library and Museum and | 23 | | the Abraham Lincoln Presidential Library Foundation shall | 24 | | mutually co-operate to maximize resources available to the |
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| 1 | | Abraham Lincoln Presidential Library and Museum and to support, | 2 | | sustain, and provide educational programs and collections at | 3 | | the Abraham Lincoln Presidential Library and Museum. Any | 4 | | membership fees collected by the Abraham Lincoln Presidential | 5 | | Library Foundation may be used to support the Abraham Lincoln | 6 | | Presidential Library and Museum programs or collections at the | 7 | | Foundation's discretion. | 8 | | Section 1-20. Composition of the Board. The Board of | 9 | | Trustees shall consist of 11 members to be appointed by the | 10 | | Governor, with the advice and consent of the Senate. The Board | 11 | | shall consist of members with the following qualifications: | 12 | | (1) One member shall have recognized knowledge and ability | 13 | | in matters related to business administration. | 14 | | (2) One member shall have recognized knowledge and ability | 15 | | in matters related to the history of Abraham Lincoln. | 16 | | (3) One member shall have recognized knowledge and ability | 17 | | in matters related to the history of Illinois. | 18 | | (4) One member shall have recognized knowledge and ability | 19 | | in matters related to library and museum studies. | 20 | | (5) One member shall have recognized knowledge and ability | 21 | | in matters related to historic preservation. | 22 | | (6) One member shall have recognized knowledge and ability | 23 | | in matters related to cultural tourism. | 24 | | (7) One member shall have recognized knowledge and ability | 25 | | in matters related to conservation, digitization, and |
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| 1 | | technological innovation. | 2 | | The initial terms of office shall be designated by the | 3 | | Governor as follows: one member to serve for a term of one | 4 | | year, 2 members to serve for a term of 2 years, 2 members to | 5 | | serve for a term of 3 years, 2 members to serve for a term of 4 | 6 | | years, 2 members to serve for a term of 5 years, and 2 members | 7 | | to serve for a term of 6 years. Thereafter, all appointments | 8 | | shall be for a term of 6 years. The Governor shall appoint one | 9 | | of the members to serve as chairperson at the pleasure of the | 10 | | Governor. | 11 | | The members of the Board shall serve without compensation | 12 | | but shall be entitled to reimbursement for all necessary | 13 | | expenses incurred in the performance of their official duties | 14 | | as members of the Board from funds appropriated for that | 15 | | purpose. | 16 | | To facilitate communication and cooperation between the | 17 | | Agency and the Abraham Lincoln Presidential Library | 18 | | Foundation, the Foundation CEO shall serve as a non-voting, | 19 | | ex-officio member of the Board. | 20 | | Section 1-25. Powers and duties of the Board. The Board | 21 | | shall: | 22 | | (a) Set policies and establish programs for implementation | 23 | | in support of the mission and goals of the Agency. | 24 | | (b) Create and execute such seminars, symposia, or other | 25 | | conferences as may be necessary or advisable to the Agency. |
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| 1 | | (c) Report annually to the Governor and the General | 2 | | Assembly on the status of the Agency and its programs. | 3 | | (d) Accept, hold, maintain, and administer, as trustee, | 4 | | property given in trust for education or historic purposes for | 5 | | the benefit of the people of the State of Illinois and dispose | 6 | | of any property under the terms of the instrument creating the | 7 | | trust. | 8 | | (e) Accept, hold, maintain, and administer donated | 9 | | property of historical significance, such as books, papers, | 10 | | records, and personal property of any kind, including | 11 | | electronic and digital property, pursuant to gifting | 12 | | instruments, agreements, or deeds of gift, including but not | 13 | | limited to the King Hostick Public Trust Fund, and enter into | 14 | | such agreements as may be necessary to carry out the Board's | 15 | | duties and responsibilities under this Section. | 16 | | (f) Lease concessions at the Library and Museum. All | 17 | | leases, for whatever period, shall be made subject to the | 18 | | written approval of the Governor's Office of Management and | 19 | | Budget. All concession leases extending for a period in excess | 20 | | of 10 years shall contain provisions for the Agency to | 21 | | participate, on a percentage basis, in the revenues generated | 22 | | by any concession operation. | 23 | | (g) Enforce the laws of the State and the rules of the | 24 | | Agency. | 25 | | (h) Cooperate with private organizations and agencies of | 26 | | the State of Illinois by providing areas and the use of staff |
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| 1 | | personnel where feasible for the sale of publications on the | 2 | | historic and cultural heritage of the State and craft items | 3 | | made by Illinois craftsmen. These sales shall not conflict with | 4 | | existing concession agreements. The Board is authorized to | 5 | | negotiate and approve agreements with the organizations and | 6 | | agencies for a portion of the monies received from sales to be | 7 | | returned to the Agency for the furtherance of interpretative | 8 | | and restoration programs. | 9 | | (i) Accept offers of gifts, gratuities, or grants from the | 10 | | federal government, its agencies, or offices, or from any | 11 | | person, firm, or corporation. | 12 | | (j) Subject to the provisions of the Illinois | 13 | | Administrative Procedure Act, make reasonable rules as may be | 14 | | necessary to discharge the duties of the Agency. | 15 | | (k) Charge and collect admission fees and rental for access | 16 | | to and use of the facilities of the Library and Museum. | 17 | | (l) Operate a restaurant, café, or other food serving | 18 | | facility at the Museum or lease the operation of such a | 19 | | facility under reasonable terms and conditions; and provide | 20 | | vending services for food, beverages, or other products deemed | 21 | | necessary and proper, consistent with the purposes of the | 22 | | Library and Museum. | 23 | | (m) Engage in marketing activities designed to promote the | 24 | | Library and Museum. In undertaking these activities, the Board | 25 | | may take all necessary steps with respect to products and | 26 | | services, including, but not limited to, retail sales, |
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| 1 | | wholesale sales, direct marketing, mail order sales, telephone | 2 | | sales, advertising and promotion, purchase of product and | 3 | | materials inventory, design and printing and manufacturing of | 4 | | new products, reproductions, and adaptations, copyright and | 5 | | trademark licensing and royalty agreements, and payment of | 6 | | applicable taxes. In addition, the Board shall have the | 7 | | authority to sell advertising in its publications and printed | 8 | | materials. | 9 | | Section 1-30. Administration of the Agency. The Board shall | 10 | | appoint an Executive Director of the Agency. The Executive | 11 | | Director shall serve at the pleasure of the Board for a term of | 12 | | 4 years. The Executive Director shall, subject to applicable | 13 | | provisions of law, execute and discharge the powers and duties | 14 | | of the Agency. The Executive Director shall have hiring power | 15 | | and shall appoint (a) a Library Facilities Operations Director; | 16 | | and (b) a Director of the Library. The Executive Director shall | 17 | | appoint those other employees of the Agency as he or she deems | 18 | | appropriate and shall fix the compensation of the Library | 19 | | Facilities Operations Director, the Director of the Library and | 20 | | other employees. The Executive Director may make provision to: | 21 | | establish and collect admission and registration fees, operate | 22 | | a gift shop, and publish and sell educational and informational | 23 | | materials. | 24 | | Section 1-35. Executive Director; exchange historical |
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| 1 | | records. The Executive Director of the Agency shall make all | 2 | | necessary rules, regulations, and bylaws not inconsistent with | 3 | | law to carry into effect the purposes of this Act and to | 4 | | procure from time to time as may be possible and practicable, | 5 | | at reasonable costs, all books, pamphlets, manuscripts, | 6 | | monographs, writings, and other material of historical | 7 | | interest and useful to the historian bearing upon the | 8 | | political, physical, religious, or social history of the State | 9 | | of Illinois from the earliest known period of time. The | 10 | | Executive Director of the Agency may, with the consent of the | 11 | | Board, exchange any books, pamphlets, manuscripts, records or | 12 | | other materials which such library may acquire that are of no | 13 | | historical interest or for any reason are of no value to it, | 14 | | with any other library, school or historical society. The | 15 | | Executive Director shall distribute volumes of the series known | 16 | | as the Illinois Historical Collections now in print, and to be | 17 | | printed, to all who may apply for same and who pay to the | 18 | | Library and Museum for such volumes an amount fixed by the | 19 | | Executive Director sufficient to cover the expenses of printing | 20 | | and distribution of each volume received by such applicants. | 21 | | However, the Executive Director shall have authority to furnish | 22 | | 25 of each of the volumes of the Illinois Historical | 23 | | Collections, free of charge, to each of the authors and editors | 24 | | of the Collections or parts thereof; to furnish, as in his or | 25 | | her discretion he or she deems necessary or desirable, a | 26 | | reasonable number of each of the volumes of the Collections |
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| 1 | | without charge to archives, libraries and similar institutions | 2 | | from which material has been drawn or assistance has been given | 3 | | in the preparation of such Collections, and to the officials | 4 | | thereof, to furnish, as in his or her discretion he or she | 5 | | deems necessary or desirable, a reasonable number of each of | 6 | | the volumes of the Collections without charge to the University | 7 | | of Illinois Library and to instructors and officials of that | 8 | | University, and to public libraries in the State of Illinois. | 9 | | The Executive Director may, with the consent of the Board, also | 10 | | make exchanges of the Historical Collections with any other | 11 | | library, school or historical society, and distribute volumes | 12 | | of the Collections for review purposes. | 13 | | Section 1-40. Illinois State Historian; appointment. The | 14 | | Executive Director, with the advice and consent of the Board, | 15 | | shall appoint the Illinois State Historian, who shall provide | 16 | | historical expertise, support, and service on civic engagement | 17 | | to educators and not-for-profit educational groups, including | 18 | | historical societies. The State Historian is the State's | 19 | | leading authority on the history of Illinois. | 20 | | Section 1-45. State Historian; historical records. The | 21 | | State Historian shall establish and supervise a program within | 22 | | the Agency designed to preserve as historical records selected | 23 | | past editions of newspapers of this State. Such editions shall | 24 | | be preserved in accordance with industry standards. The |
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| 1 | | negatives of microphotographs and other materials shall be | 2 | | stored in a place provided by the Agency. | 3 | | The State Historian shall determine on the basis of | 4 | | historical value the
various newspaper edition files which | 5 | | shall be preserved and shall
arrange a schedule for such | 6 | | preservation. The State Historian shall
supervise the making of | 7 | | arrangements for acquiring access to past edition
files with | 8 | | the editors or publishers of the various newspapers.
| 9 | | The method of microphotography to be employed in this | 10 | | program shall
conform to the standards established pursuant to | 11 | | Section 17 of The State
Records Act. | 12 | | Upon payment to the Agency of the required fee, any person | 13 | | or organization shall be supplied with any prints requested to | 14 | | be made from the newspapers and all records. The fee required | 15 | | shall be determined by the State Historian and shall be equal | 16 | | in amount to the costs incurred by the Agency in supplying the | 17 | | requested prints. | 18 | | Section 1-50. Gifts to the Illinois State Historical | 19 | | Library. Those programs, collections, and functions heretofore | 20 | | administered by the Illinois State Historical Library or the | 21 | | Historic Preservation Agency's Historical Library Division | 22 | | shall be administered by the Agency. All gifts made | 23 | | specifically to the Illinois State Historical Library shall | 24 | | remain at all times within the Agency. |
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| 1 | | Section 1-55. Director of the Library; historical | 2 | | collections. The Director of the Library shall make all | 3 | | necessary rules, regulations, and bylaws not inconsistent with | 4 | | law to carry into effect the purpose of this Act and to procure | 5 | | from time to time as may be possible and practicable, at | 6 | | reasonable costs, all books, pamphlets, manuscripts, | 7 | | monographs, writings, and other material of historical | 8 | | interest and useful to the historian bearing upon the | 9 | | political, physical, religious, or social history of the State | 10 | | of Illinois from the earliest known period of time. The | 11 | | Director of the Library may exchange any books, pamphlets, | 12 | | manuscripts, records or other material which the Library may | 13 | | acquire that are of no historical interest of for any reason | 14 | | are of no value to it, with another library, school, or | 15 | | historical society. The Director of the Library shall | 16 | | distribute volumes of the series known as the Illinois | 17 | | Historical Collections now in print, and to be printed, to all | 18 | | who may apply for same and who pay to the Library for such | 19 | | volumes an amount fixed by the Director sufficient to cover the | 20 | | expenses of printing and distributing each volume received by | 21 | | such applicants. However, the Director of the Library shall | 22 | | have authority to furnish 25 of each of the volumes of the | 23 | | Illinois Historical Collections, free of charge, to each of the | 24 | | authors and editors of the Collections or parts thereof, to | 25 | | furnish, as in his or her discretion he or she deems necessary | 26 | | or desirable, a reasonable number of each of the volumes of the |
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| 1 | | Collections without charge to archives, libraries and similar | 2 | | institutions from which materials has been drawn or assistance | 3 | | has been given in the preparation of such Collections, and to | 4 | | the officials thereof, and to furnish, as in his or her | 5 | | discretion he or she deems necessary or desirable, a reasonable | 6 | | number of each of the volumes of the Collections without charge | 7 | | to the University of Illinois Library and to instructors and | 8 | | officials of that University, and to the public libraries in | 9 | | the State of Illinois. The Director of the Library may also | 10 | | make exchanges of the Historical Collections with any other | 11 | | library, school, or historical society, and distribute volumes | 12 | | of the Collections for review purposes. | 13 | | Section 1-60. State Historical Library. The rights, | 14 | | powers, and duties vested by law in the State Historical | 15 | | Library or any office, division or bureau thereof are hereby | 16 | | transferred to the Abraham Lincoln Presidential Library and | 17 | | Museum. | 18 | | Section 1-65. Separation from the Historic Preservation | 19 | | Agency. On the effective date of this Act, all of the powers, | 20 | | duties, assets, liabilities, employees, contracts, property | 21 | | (real and personal), including any items formerly contained in | 22 | | the Illinois State Historical Library now presently held in the | 23 | | Abraham Lincoln Presidential Library and Museum, records, | 24 | | pending business, and unexpended appropriations of the |
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| 1 | | Historic Preservation Agency related to the administration and | 2 | | enforcement of Sections 17, 32, and 33 of the Historic | 3 | | Preservation Agency Act are transferred to the Agency created | 4 | | under this Act.
The status and rights of the transferred | 5 | | employees, and the rights of the State of Illinois and its | 6 | | agencies, under the Personnel Code and applicable collective | 7 | | bargaining agreements or under any pension, retirement, or | 8 | | annuity plan are not affected (except as provided in Sections | 9 | | 14-110 and 18-127 of the Illinois Pension Code) by that | 10 | | transfer or by any other provision of this Act. Staff hired on | 11 | | or after the effective date of this Act shall not be subject to | 12 | | the Personnel Code or any applicable collective bargaining | 13 | | agreement. | 14 | | Article II. | 15 | | Section 2-5. The Dickson Mounds State Memorial Act is | 16 | | amended by changing Section 1 as follows:
| 17 | | (20 ILCS 1125/1) (from Ch. 105, par. 468m)
| 18 | | Sec. 1.
Jurisdiction of the Dickson Mounds State Memorial, | 19 | | together with all
records and personal property used in | 20 | | connection therewith, is transferred to
the Historic | 21 | | Preservation Agency
Department of Natural Resources , to be | 22 | | operated by that Agency Department as part of
the Illinois | 23 | | State Museum.
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| 1 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 2 | | Section 2-10. The Historic Preservation Agency Act is | 3 | | amended by changing Sections 2, 3, 4, 5, 5.1, 6, 11, 12, 13, | 4 | | 14, 15, 16, 22, and 34 and by adding Sections 36 and 37 as | 5 | | follows:
| 6 | | (20 ILCS 3405/2) (from Ch. 127, par. 2702)
| 7 | | Sec. 2. For the purposes of this Act:
| 8 | | (a) "Agency" means the
Historic Preservation Agency;
| 9 | | (b) "Board" means the Board of Trustees of
the Historic | 10 | | Preservation Agency;
| 11 | | (c) "Director" means the Executive Director of
the Historic | 12 | | Sites and Preservation Agency ;
| 13 | | (d) (Blank) "Advisory Board" means the Advisory
Board of | 14 | | the
Lincoln Presidential
Library and Museum ;
| 15 | | (e) (Blank) "Lincoln Presidential Library" means the | 16 | | Abraham
Lincoln Presidential Library and Museum ;
| 17 | | (f) (Blank) "Library Director" means the
Director of the | 18 | | Lincoln Presidential Library ; and
| 19 | | (g) (Blank). "Historic Sites and
Preservation Division"
| 20 | | means that part of the Agency that is headed by the Director of | 21 | | Historic
Sites and Preservation.
| 22 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 23 | | (20 ILCS 3405/3) (from Ch. 127, par. 2703)
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| 1 | | Sec. 3.
(a) There is hereby created within the Executive | 2 | | Branch of
State government the Historic Preservation Agency.
| 3 | | (b) The Agency shall be under the direction of a Board of | 4 | | Trustees,
which shall be composed of 7 members appointed by the | 5 | | Governor, by and with
the consent of the Senate. No more than 4 | 6 | | members of the Board shall be of
the same political party. The | 7 | | Governor shall designate one member of the
Board to serve as | 8 | | Chairman. In making the initial appointments to the
Board after | 9 | | the effective date of this Act, the Governor shall designate
| 10 | | three members, all of whom shall have been members of the Board | 11 | | of Trustees
of the Illinois State Historical Library on March | 12 | | 28, 1985, to serve until
the third Monday in January, 1986, or | 13 | | until their successors are appointed
and qualified and two | 14 | | members to serve until the first Monday in January,
1987, or | 15 | | until their successors are appointed and qualified. In making
| 16 | | the initial appointments of the additional members of the Board | 17 | | required by
this amendatory Act of 1990, the Governor shall | 18 | | designate 1 member to serve
until the third Monday in January, | 19 | | 1991 and 1 member to serve until the
third Monday in January | 20 | | 1992. Thereafter, their successors shall be
appointed to serve | 21 | | for two year terms expiring on the third Monday in
January and | 22 | | until their successors are appointed and qualified.
| 23 | | (c) The members of the Board shall receive no compensation | 24 | | for their
services, except for their actual expenses while in | 25 | | the discharge of their
official duties.
| 26 | | (d) Four members of the Board shall constitute a quorum to |
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| 1 | | do business
and the concurrence of at least 4 members shall be | 2 | | necessary for a decision.
| 3 | | (e) The Board shall employ and fix the compensation of the | 4 | | Director and
such other agents or employees as it considers | 5 | | necessary to carry out the
purposes of this Act. | 6 | | (f) The terms of all currently serving members of the Board | 7 | | of Trustees are ended on the effective date of this amendatory | 8 | | Act of the 99th General Assembly. The Governor shall fill the | 9 | | vacancies created under this subsection (f) as provided for in | 10 | | subsection (b) of this Section, except that the appointments | 11 | | made under this subsection (f) shall be for the balance of the | 12 | | unexpired terms of the vacancies created on the effective date | 13 | | of this amendatory Act of the 99th General Assembly.
| 14 | | (Source: P.A. 86-1336.)
| 15 | | (20 ILCS 3405/4) (from Ch. 127, par. 2704)
| 16 | | Sec. 4. Executive Director. The Governor shall appoint, | 17 | | with the advice and consent of the Senate, the head of the | 18 | | Historic Preservation Agency, who shall be known as the | 19 | | Executive Director of the Historic Preservation Agency. The | 20 | | Board shall be responsible for setting and determining
policy | 21 | | for the Agency. The Agency shall consist of: (1) an Abraham | 22 | | Lincoln
Presidential Library and Museum and (2) a Historic | 23 | | Sites and Preservation
Division. Except as
otherwise provided | 24 | | in this Act, any reference
in any other Act to the Historic | 25 | | Preservation Agency shall be deemed to be a
reference to the |
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| 1 | | Historic Sites and Preservation Division and any reference in | 2 | | any other Act to
the Director of
Historic Preservation shall be | 3 | | deemed to be a reference to the Executive Director of
the | 4 | | Historic Preservation Agency Sites and Preservation , unless | 5 | | the context clearly indicates
otherwise.
| 6 | | The Board shall appoint a chief executive officer of the | 7 | | Agency who shall
be known as the Director of Historic Sites and | 8 | | Preservation. The Executive Director
shall
serve at the | 9 | | pleasure of the Governor Board . The Executive Director shall, | 10 | | subject to
applicable provisions of law, execute the powers and | 11 | | discharge the duties
vested in the Historic Sites and | 12 | | Preservation Division of the Agency by law
and implement the
| 13 | | policies set by the Board.
The Board shall be responsible for | 14 | | setting and determining
policy for the Agency. The Executive | 15 | | Director shall manage the Historic Sites and Preservation | 16 | | Division of the
Agency. The Executive Director, with
the | 17 | | concurrence of the Board, shall appoint Division Chiefs , if | 18 | | needed, and the Deputy
Director of the Historic Sites and | 19 | | Preservation Division of the Agency.
Subject to concurrence by | 20 | | the Board, the The Executive Director shall appoint such other
| 21 | | employees of the Historic Sites and Preservation Division of | 22 | | the Agency as
he or she deems
appropriate and shall fix the
| 23 | | compensation of such Division Chiefs , if any , the Deputy | 24 | | Director and other employees.
The Board shall appoint the | 25 | | Illinois State Historian, who shall provide
historical | 26 | | expertise, support, and service to all divisions of the |
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| 1 | | Historic
Preservation Agency. The State Historian is the | 2 | | State's authority on Abraham
Lincoln and the history of | 3 | | Illinois. | 4 | | The position of Director of the Historic Sites and | 5 | | Preservation Division of the Agency shall become vacant on the | 6 | | effective date of this amendatory Act of the 99th General | 7 | | Assembly, and shall not be filled thereafter.
| 8 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 9 | | (20 ILCS 3405/5) (from Ch. 127, par. 2705)
| 10 | | Sec. 5.
The rights, powers and duties vested by law in the
| 11 | | State Historical Library or any office, division or bureau | 12 | | thereof by the
Historical Sites Listing Act and all rights,
| 13 | | powers, and duties incidental thereto
are transferred to the | 14 | | Historic Sites and Preservation Division of the
Historic | 15 | | Preservation
Agency.
| 16 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 17 | | (20 ILCS 3405/5.1) (from Ch. 127, par. 2705.1)
| 18 | | Sec. 5.1.
The powers, duties and authority granted to the | 19 | | Department
of Conservation pursuant to the provisions of | 20 | | Section 63a21.2 of
the
Civil
Administrative Code of Illinois
| 21 | | (renumbered; now Section 805-315 of the Department of Natural | 22 | | Resources
(Conservation) Law, 20 ILCS 805/805-315)
to offer a
| 23 | | cash incentive to a qualified
bidder for the development, | 24 | | construction and supervision of a concession
complex at |
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| 1 | | Lincoln's New Salem State Park are transferred to the
Historic | 2 | | Sites and Preservation Division of the Historic
Preservation | 3 | | Agency.
| 4 | | (Source: P.A. 91-239, eff. 1-1-00; 92-600, eff. 7-1-02.)
| 5 | | (20 ILCS 3405/6) (from Ch. 127, par. 2706)
| 6 | | Sec. 6. Jurisdiction. The Historic Sites and Preservation | 7 | | Division of the Agency shall have
jurisdiction over the
| 8 | | following
described areas which are
hereby designated as State | 9 | | Historic Sites, State Memorials, and
Miscellaneous Properties:
| 10 | | State Historic Sites
| 11 | | Bishop Hill State Historic Site, Henry County;
| 12 | | Black Hawk State Historic Site, Rock Island County;
| 13 | | Bryant Cottage State Historic Site, Piatt County;
| 14 | | Buel House, Pope County;
| 15 | | Cahokia Courthouse State Historic Site, St. Clair County;
| 16 | | Cahokia Mounds State Historic Site, in Madison and St. | 17 | | Clair
Counties (however, the Illinois State Museum | 18 | | shall act as curator of
artifacts pursuant to the | 19 | | provisions of the Archaeological and
Paleontological | 20 | | Resources Protection Act);
| 21 | | Dana-Thomas House State Historic Site, Sangamon County;
| 22 | | David Davis Mansion State Historic Site, McLean County;
| 23 | | Douglas Tomb State Historic Site, Cook County;
| 24 | | Fort de Chartres State Historic Site, Randolph County;
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| 1 | | Fort Kaskaskia State Historic Site, Randolph County;
| 2 | | Grand Village of the Illinois, LaSalle County;
| 3 | | U. S. Grant Home State Historic Site, Jo Daviess County;
| 4 | | Hotel Florence, Cook County;
| 5 | | Jarrot Mansion State Historic Site, St. Clair County;
| 6 | | Jubilee College State Historic Site, Peoria County;
| 7 | | Lincoln-Herndon Law Offices State Historic Site, Sangamon | 8 | | County;
| 9 | | Lincoln Log Cabin State Historic Site, Coles County;
| 10 | | Lincoln's New Salem State Historic Site, Menard County;
| 11 | | Lincoln Tomb State Historic Site, Sangamon County;
| 12 | | Pierre Menard Home State Historic Site, Randolph County;
| 13 | | Metamora Courthouse State Historic Site, Woodford County;
| 14 | | Moore Home State Historic Site, Coles County;
| 15 | | Mount Pulaski Courthouse State Historic Site, Logan | 16 | | County;
| 17 | | Old Market House State Historic Site, Jo Daviess County;
| 18 | | Old State Capitol State Historic Site, Sangamon County;
| 19 | | Postville Courthouse State Historic Site, Logan County;
| 20 | | Pullman Factory, Cook County;
| 21 | | Rose Hotel, Hardin County;
| 22 | | Carl Sandburg State Historic Site, Knox County;
| 23 | | Shawneetown Bank State Historic Site, Gallatin County;
| 24 | | Vachel Lindsay Home, Sangamon County;
| 25 | | Vandalia State House State Historic Site, Fayette County; | 26 | | and
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| 1 | | Washburne House State Historic Site, Jo Daviess County.
| 2 | | State Memorials
| 3 | | Campbell's Island State Memorial, Rock Island County;
| 4 | | Governor Bond State Memorial, Randolph County;
| 5 | | Governor Coles State Memorial, Madison County;
| 6 | | Governor Horner State Memorial, Cook County;
| 7 | | Governor Small State Memorial, Kankakee County;
| 8 | | Illinois Vietnam Veterans State Memorial, Sangamon County;
| 9 | | Kaskaskia Bell State Memorial, Randolph County;
| 10 | | Korean War Memorial, Sangamon County;
| 11 | | Lewis and Clark State Memorial, Madison County;
| 12 | | Lincoln Monument State Memorial, Lee County;
| 13 | | Lincoln Trail State Memorial, Lawrence County;
| 14 | | Lovejoy State Memorial, Madison County;
| 15 | | Norwegian Settlers State Memorial, LaSalle County; and
| 16 | | Wild Bill Hickok State Memorial, LaSalle County.
| 17 | | Miscellaneous Properties
| 18 | | Albany Mounds, Whiteside County;
| 19 | | Emerald Mound, St. Clair County;
| 20 | | Halfway Tavern, Marion County;
| 21 | | Hofmann Tower, Cook County; and
| 22 | | Kincaid Mounds, Massac and Pope Counties.
| 23 | | (Source: P.A. 92-600, eff. 7-1-02.)
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| 1 | | (20 ILCS 3405/11) (from Ch. 127, par. 2711)
| 2 | | Sec. 11.
The Historic Sites and Preservation Division of | 3 | | the Agency
shall exercise all
rights, powers and duties
vested | 4 | | in the Department of Conservation by the "Illinois Historic
| 5 | | Preservation Act", approved August 14, 1976, as amended.
| 6 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 7 | | (20 ILCS 3405/12) (from Ch. 127, par. 2712)
| 8 | | Sec. 12.
The Historic Sites and Preservation Division of | 9 | | the Agency
shall exercise all
rights, powers and duties
vested | 10 | | in the Department of Conservation by Section 63a34 of the Civil
| 11 | | Administrative Code of Illinois (renumbered; now Section | 12 | | 805-220 of the
Department of Natural Resources (Conservation) | 13 | | Law, 20 ILCS 805/805-220).
| 14 | | (Source: P.A. 91-239, eff. 1-1-00; 92-600, eff. 7-1-02.)
| 15 | | (20 ILCS 3405/13) (from Ch. 127, par. 2713)
| 16 | | Sec. 13.
The Historic Sites and Preservation Division of | 17 | | the Agency
shall exercise all
rights, powers and duties
vested | 18 | | in the Department of Conservation by "An Act relating to the
| 19 | | planning, acquisition and development of outdoor recreation | 20 | | resources and
facilities, and authorizing the participation by | 21 | | the State of Illinois its
political subdivisions and qualified | 22 | | participants in programs of Federal
assistance relating | 23 | | thereto", approved July 6, 1965, as amended, solely as
it | 24 | | relates to the powers, rights, duties and obligations |
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| 1 | | heretofore
exercised by the Department of Conservation over | 2 | | historically significant
properties and interests of the | 3 | | State.
| 4 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 5 | | (20 ILCS 3405/14) (from Ch. 127, par. 2714)
| 6 | | Sec. 14.
The Historic Sites and Preservation Division of | 7 | | the Agency
shall exercise all
rights,
powers and duties set | 8 | | forth
in Sections 10-40 through 10-85 of the Property Tax Code.
| 9 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 10 | | (20 ILCS 3405/15) (from Ch. 127, par. 2715)
| 11 | | Sec. 15.
The Historic Sites and Preservation Division of | 12 | | the Agency
shall exercise all
rights, powers and duties
vested | 13 | | in the Department of Conservation by Section 4-201.5 of the
| 14 | | "Illinois Highway Code", approved June 8, 1959, as amended, | 15 | | solely as it
relates to access to historic sites and memorials | 16 | | designated pursuant to this
Act.
| 17 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 18 | | (20 ILCS 3405/16) (from Ch. 127, par. 2716)
| 19 | | Sec. 16. The Historic Sites and Preservation Division of | 20 | | the Agency
shall have the following
additional powers:
| 21 | | (a) To hire agents and employees necessary to carry out the | 22 | | duties and
purposes of the Historic Sites and Preservation | 23 | | Division of the Agency.
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| 1 | | (b) To take all measures necessary to erect, maintain, | 2 | | preserve, restore,
and conserve all State Historic Sites and | 3 | | State Memorials, except when
supervision and maintenance is | 4 | | otherwise provided by law. This
authorization includes the | 5 | | power, with the consent of the Board, to enter
into contracts, | 6 | | acquire and
dispose of real and personal property, and enter | 7 | | into leases of real and
personal property. The Agency has the | 8 | | power to acquire, for purposes authorized by law, any real | 9 | | property in fee simple subject to a life estate in the seller | 10 | | in not more than 3 acres of the real property acquired, subject | 11 | | to the restrictions that the life estate shall be used for | 12 | | residential purposes only and that it shall be | 13 | | non-transferable.
| 14 | | (c) To provide recreational facilities including camp | 15 | | sites, lodges and
cabins, trails, picnic areas and related | 16 | | recreational facilities at all
sites under the jurisdiction of | 17 | | the Agency.
| 18 | | (d) To lay out, construct and maintain all needful roads, | 19 | | parking areas,
paths or trails, bridges, camp or lodge sites, | 20 | | picnic areas, lodges and
cabins, and any other structures and | 21 | | improvements necessary and appropriate
in any State historic | 22 | | site or easement thereto; and to provide water
supplies, heat | 23 | | and light, and sanitary facilities for the public and living
| 24 | | quarters for the custodians and keepers of State historic | 25 | | sites.
| 26 | | (e) To grant licenses and rights-of-way within the areas |
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| 1 | | controlled
by the Historic Sites and Preservation Division of | 2 | | the Agency for the
construction, operation
and maintenance | 3 | | upon,
under or across the property, of facilities for water, | 4 | | sewage, telephone,
telegraph, electric, gas, or other public | 5 | | service, subject to the terms and
conditions as may be | 6 | | determined by the Agency.
| 7 | | (f) To authorize the officers, employees and agents of the | 8 | | Historic Sites
and Preservation
Division of the Agency,
for the | 9 | | purposes of investigation and to exercise the rights,
powers, | 10 | | and duties vested and that may be vested in it, to enter and | 11 | | cross
all lands and waters in this State, doing no damage to | 12 | | private property.
| 13 | | (g) To transfer jurisdiction of or exchange any realty | 14 | | under the
control of the Historic Sites and Preservation | 15 | | Division of the Agency to
any other Department of
the State | 16 | | Government,
or to any agency of the Federal Government, or to | 17 | | acquire or accept Federal
lands, when any transfer, exchange, | 18 | | acquisition or acceptance is
advantageous to the State and is | 19 | | approved in writing by the Governor.
| 20 | | (h) To erect, supervise, and maintain all public monuments | 21 | | and memorials
erected by the State, except when the supervision | 22 | | and maintenance of
public monuments and memorials is otherwise | 23 | | provided by law.
| 24 | | (i) To accept, hold, maintain, and administer, as trustee, | 25 | | property given
in trust for educational or historic purposes | 26 | | for the benefit of the People
of the State of Illinois and to |
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| 1 | | dispose, with the consent of the Board, of
any property under | 2 | | the terms of the
instrument creating the trust.
| 3 | | (j) To lease concessions on any property under the | 4 | | jurisdiction of the
Agency for a period not exceeding 25 years | 5 | | and to lease a concession
complex at Lincoln's New Salem State | 6 | | Historic Site for which a cash
incentive has been authorized | 7 | | under Section 5.1 of the Historic
Preservation Agency Act for a | 8 | | period not to exceed 40 years. All
leases, for whatever period, | 9 | | shall be made subject to the written approval
of the Governor. | 10 | | All concession leases extending for a period in excess of
10 | 11 | | years, will contain provisions for the Agency to participate, | 12 | | on a
percentage basis, in the revenues generated by any | 13 | | concession operation.
| 14 | | The Agency is authorized to allow for provisions for a | 15 | | reserve account and a leasehold account within Agency | 16 | | concession lease agreements for the purpose of setting aside | 17 | | revenues for the maintenance, rehabilitation, repair, | 18 | | improvement, and replacement of the concession facility, | 19 | | structure, and equipment of the Agency that are part of the | 20 | | leased premises. | 21 | | The lessee shall be required to pay into the reserve | 22 | | account a percentage of gross receipts, as set forth in the | 23 | | lease, to be set aside and expended in a manner acceptable to | 24 | | the Agency by the concession lessee for the purpose of ensuring | 25 | | that an appropriate amount of the lessee's moneys are provided | 26 | | by the lessee to satisfy the lessee's incurred responsibilities |
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| 1 | | for the operation of the concession facility under the terms | 2 | | and conditions of the concession lease. | 3 | | The lessee account shall allow for the amortization of | 4 | | certain authorized expenses that are incurred by the concession | 5 | | lessee but that are not an obligation of the lessee under the | 6 | | terms and conditions of the lease agreement. The Agency may | 7 | | allow a reduction of up to 50% of the monthly rent due for the | 8 | | purpose of enabling the recoupment of the lessee's authorized | 9 | | expenditures during the term of the lease.
| 10 | | (k) To sell surplus agricultural products grown on land | 11 | | owned by or
under the jurisdiction of the Historic Sites and | 12 | | Preservation Division of
the Agency, when the
products cannot | 13 | | be used
by the Agency.
| 14 | | (l) To enforce the laws of the State and the rules and | 15 | | regulations of the
Agency in or on any lands owned, leased, or | 16 | | managed by the Historic Sites and
Preservation
Division of the | 17 | | Agency.
| 18 | | (m) To cooperate with private organizations and agencies of | 19 | | the
State of Illinois by providing areas and the use of staff | 20 | | personnel
where feasible for the sale of publications on the | 21 | | historic and cultural
heritage of the State and craft items | 22 | | made by Illinois craftsmen. These
sales shall not conflict with | 23 | | existing concession agreements. The
Historic Sites and | 24 | | Preservation Division of the Agency is authorized to
negotiate | 25 | | with the
organizations and
agencies for a portion of the monies | 26 | | received from sales to be returned
to the Historic Sites and |
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| 1 | | Preservation Division of the Agency's Historic
Sites Fund
for | 2 | | the
furtherance of interpretive
and restoration programs.
| 3 | | (n) To establish local bank or savings and loan association
| 4 | | accounts, upon the written authorization of the Director, to | 5 | | temporarily
hold income received at any of its properties. The | 6 | | local accounts
established under this Section shall be in the | 7 | | name of the Historic
Preservation Agency and shall be subject | 8 | | to regular audits. The balance in
a local bank or savings and | 9 | | loan association account shall be forwarded to
the Agency for | 10 | | deposit with the State Treasurer on Monday of each week if
the | 11 | | amount to be deposited in a fund exceeds $500.
| 12 | | No bank or savings and loan association shall receive | 13 | | public funds as
permitted by this Section, unless it has | 14 | | complied with the requirements
established under Section 6 of | 15 | | the Public Funds Investment Act.
| 16 | | (o) To accept, with the consent of the Board, offers of | 17 | | gifts,
gratuities, or grants from the federal
government, its | 18 | | agencies, or offices, or from any person, firm, or
corporation.
| 19 | | (p) To make reasonable rules and regulations as may be | 20 | | necessary to
discharge the duties of the Agency.
| 21 | | (q) With appropriate cultural organizations, to further | 22 | | and advance the
goals of the Agency.
| 23 | | (r) To make grants for the purposes of planning, survey, | 24 | | rehabilitation,
restoration, reconstruction, landscaping, and | 25 | | acquisition of Illinois
properties (i) designated individually | 26 | | in the National
Register of Historic Places, (ii) designated as |
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| 1 | | a landmark under a county or
municipal landmark ordinance, or | 2 | | (iii) located within a National Register of
Historic Places | 3 | | historic district or a locally designated historic district
| 4 | | when the Director determines that the property is of historic | 5 | | significance
whenever an
appropriation is made therefor by the | 6 | | General Assembly or whenever gifts or
grants are received for | 7 | | that purpose and to promulgate
regulations as may be necessary | 8 | | or desirable to carry out the purposes
of the grants.
| 9 | | Grantees may, as prescribed by rule, be required to provide | 10 | | matching funds
for each grant. Grants made under this | 11 | | subsection shall be known as Illinois
Heritage Grants.
| 12 | | Every owner of a historic property, or the owner's agent, | 13 | | is eligible to
apply for a grant under this subsection.
| 14 | | (s) To establish and implement a pilot program for charging | 15 | | admission to
State historic sites. Fees may be charged for | 16 | | special events, admissions, and
parking or any combination; | 17 | | fees may be charged at all sites or selected sites.
All fees | 18 | | shall be deposited into the Illinois Historic Sites Fund. The
| 19 | | Historic Sites and Preservation Division of the Agency
shall | 20 | | have the discretion to set and adjust reasonable fees at the | 21 | | various
sites, taking into consideration various factors | 22 | | including but not limited to:
cost of services furnished to | 23 | | each visitor, impact of fees on attendance and
tourism and the | 24 | | costs expended collecting the fees. The
Agency shall keep
| 25 | | careful records of the income and expenses resulting from the | 26 | | imposition of
fees, shall keep records as to the attendance at |
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| 1 | | each historic site, and shall
report to the Governor and | 2 | | General Assembly by January 31 after the close of
each year. | 3 | | The report shall include information on costs, expenses,
| 4 | | attendance, comments by visitors, and any other information the
| 5 | | Agency may
believe pertinent, including:
| 6 | | (1) Recommendations as to whether fees should be | 7 | | continued at each State
historic site.
| 8 | | (2) How the fees should be structured and imposed.
| 9 | | (3) Estimates of revenues and expenses associated with | 10 | | each site.
| 11 | | (t) To provide for overnight tent and trailer campsites and | 12 | | to provide
suitable housing facilities for student and juvenile | 13 | | overnight camping
groups. The Historic Sites and Preservation | 14 | | Division of the Agency shall
charge rates similar to those
| 15 | | charged by the Department
of Conservation for the same or | 16 | | similar facilities and services.
| 17 | | (u) To engage in marketing activities designed to promote | 18 | | the sites and
programs administered by the Agency. In
| 19 | | undertaking these activities, the
Agency may take all necessary | 20 | | steps with respect
to products and services,
including but not | 21 | | limited to retail sales, wholesale sales, direct marketing,
| 22 | | mail order sales, telephone sales, advertising and promotion, | 23 | | purchase of
product and materials inventory, design, printing | 24 | | and manufacturing of new
products, reproductions, and | 25 | | adaptations, copyright and trademark licensing and
royalty | 26 | | agreements, and payment of applicable taxes. In addition, the |
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| 1 | | Agency
shall have the authority to sell advertising in its | 2 | | publications and printed
materials. All income from marketing
| 3 | | activities shall be deposited into the Illinois Historic Sites | 4 | | Fund.
| 5 | | (Source: P.A. 95-140, eff. 1-1-08.)
| 6 | | (20 ILCS 3405/22)
| 7 | | Sec. 22. Amistad Commission. | 8 | | (a) Purpose. The General Assembly finds and declares that | 9 | | all people should know of and remember the human carnage and | 10 | | dehumanizing atrocities committed during the period of the | 11 | | African slave trade and slavery in America and of the vestiges | 12 | | of slavery in this country; and it is in fact vital to educate | 13 | | our citizens on these events, the legacy of slavery, the sad | 14 | | history of racism in this country, and the principles of human | 15 | | rights and dignity in a civilized society. | 16 | | It is the policy of the State of Illinois that the history | 17 | | of the African slave trade, slavery in America, the depth of | 18 | | their impact in our society, and the triumphs of | 19 | | African-Americans and their significant contributions to the | 20 | | development of this country is the proper concern of all | 21 | | people, particularly students enrolled in the schools of the | 22 | | State of Illinois. | 23 | | It is therefore desirable to create a Commission that, as | 24 | | an organized body and on a continuous basis, will survey, | 25 | | design, encourage, and promote the implementation of education |
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| 1 | | and awareness programs in Illinois that are concerned with the | 2 | | African slave trade, slavery in America, the vestiges of | 3 | | slavery in this country, and the contributions of | 4 | | African-Americans in building our country; to develop | 5 | | workshops, institutes, seminars, and other teacher training | 6 | | activities designed to educate teachers on this subject matter; | 7 | | and that will be responsible for the coordination of events on | 8 | | a regular basis, throughout the State, that provide appropriate | 9 | | memorialization of the events concerning the enslavement of | 10 | | Africans and their descendants in America and their struggle | 11 | | for freedom, liberty, and equality. | 12 | | (b) Amistad Commission. The Amistad Commission is created | 13 | | within the Agency. The Commission is named to honor the group | 14 | | of enslaved Africans transported in 1839 on a vessel named the | 15 | | Amistad who overthrew their captors and created an | 16 | | international incident that was eventually argued before the | 17 | | Supreme Court and that shed a growing light on the evils of the | 18 | | slave trade and galvanized a growing abolitionist movement | 19 | | towards demanding the end of slavery in the United States. | 20 | | (c) Membership. The Commission shall consist of 15 members, | 21 | | including 3 ex officio members: the State Superintendent of | 22 | | Education or
his or her designee, the Director of Commerce and | 23 | | Economic Opportunity or his or her designee, and the Executive | 24 | | Director of the Historic Sites and Preservation Agency or his | 25 | | or her designee; and 12 public
members. Public members shall be | 26 | | appointed as follows: |
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| 1 | | (i) 2 members appointed by the President of the Senate | 2 | | and one member appointed by the Minority Leader of the | 3 | | Senate;
| 4 | | (ii) 2 members appointed by the Speaker of the House of | 5 | | Representatives and one member appointed by the Minority | 6 | | Leader of the House of Representatives; and
| 7 | | (iii) 6 members, no more than 4 of whom shall be of the | 8 | | same political party, appointed by the Governor.
| 9 | | The public members shall be residents of this State, chosen | 10 | | with due regard to broad geographic representation and ethnic | 11 | | diversity, who have served actively in organizations that | 12 | | educate the public on the history of the African slave trade, | 13 | | the contributions of African-Americans to our society, and | 14 | | civil rights issues. | 15 | | Each public member of the Commission shall serve for a term | 16 | | of 3 years, except that of the initial members so appointed: | 17 | | one member appointed by the President of the Senate, one member | 18 | | appointed by the Speaker of the House of Representatives, and 2 | 19 | | members appointed by the Governor shall serve for terms of one | 20 | | year; the member appointed by the Minority Leader of the | 21 | | Senate, one member appointed by the Speaker of the House of | 22 | | Representatives, and 2 members appointed by the Governor shall | 23 | | serve for terms of 2 years; and one member appointed by the | 24 | | President of the Senate, the member appointed by the Minority | 25 | | Leader of the House of Representatives, and 2 members appointed | 26 | | by the Governor shall serve for terms of 3 years. Public |
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| 1 | | members shall be eligible for reappointment. They shall serve | 2 | | until their successors are appointed and qualified, and the | 3 | | term of the successor of any incumbent shall be calculated from | 4 | | the expiration of the term of that incumbent. A vacancy | 5 | | occurring other than by expiration of term shall be filled in | 6 | | the same manner as the original appointment, but for the | 7 | | unexpired term only. | 8 | | (d) Election of chairperson; meetings. At its first meeting | 9 | | and annually thereafter, the Commission shall elect from among | 10 | | its members a chairperson and other officers it considers | 11 | | necessary or appropriate. After its first meeting, the | 12 | | Commission shall meet at least quarterly, or more frequently at | 13 | | the call of the chairperson or if requested by 9 or more | 14 | | members. | 15 | | (e) Quorum. A majority of the members of the Commission | 16 | | constitute a quorum for the transaction of business at a | 17 | | meeting of the Commission. A majority of the members present | 18 | | and serving is required for official action of the Commission. | 19 | | (f) Public meeting. All business that the Commission is | 20 | | authorized to perform shall be conducted at a public meeting of | 21 | | the Commission, held in compliance with the Open Meetings Act. | 22 | | (g) Freedom of Information. A writing prepared, owned, | 23 | | used, in the possession of, or retained by the Commission in | 24 | | the performance of an official function is subject to the | 25 | | Freedom of Information Act. | 26 | | (h) Compensation. The members of the Commission shall serve |
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| 1 | | without compensation, but shall be entitled to reimbursement | 2 | | for all necessary expenses incurred in the performance of their | 3 | | official duties as members of the Commission from funds | 4 | | appropriated for that purpose. Reimbursement for travel, | 5 | | meals, and lodging shall be in accordance with the rules of the | 6 | | Governor's Travel Control Board. | 7 | | (i) Duties. The Commission shall have the following | 8 | | responsibilities and duties:
| 9 | | (1) To provide, based upon the collective interest of | 10 | | the members and the knowledge and experience of the | 11 | | members, assistance and advice to schools within the State | 12 | | with respect to the implementation of education, awareness | 13 | | programs, textbooks, and educational materials concerned | 14 | | with the African slave trade, slavery in America, the | 15 | | vestiges of slavery in this country, and the contributions | 16 | | of African-Americans to our society. | 17 | | (2) To survey and catalog the extent and breadth of | 18 | | education concerning the African slave trade, slavery in | 19 | | America, the vestiges of slavery in this country, and the | 20 | | contributions of African-Americans to our society | 21 | | presently being incorporated into the curricula and | 22 | | textbooks and taught in the school systems of the State; to | 23 | | inventory those African slave trade, American slavery, or | 24 | | relevant African-American history memorials, exhibits, and | 25 | | resources that should be incorporated into courses of study | 26 | | at educational institutions, schools, and various other |
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| 1 | | locations throughout the State; and to assist the State | 2 | | Board of Education and
other State and educational agencies | 3 | | in the development and implementation of African slave | 4 | | trade, American slavery, and African-American history | 5 | | education programs. | 6 | | (3) To act as a liaison with textbook publishers, | 7 | | schools, public, private, and nonprofit resource | 8 | | organizations,
and members of the United States Senate and | 9 | | House of
Representatives and the Illinois Senate and House | 10 | | of Representatives in
order to facilitate the inclusion of | 11 | | the history of African slavery and
of African-Americans in | 12 | | this country in the curricula of public and
nonpublic | 13 | | schools. | 14 | | (4) To compile a roster of individual volunteers who | 15 | | are willing to share their knowledge and experience in | 16 | | classrooms, seminars, and workshops with students and | 17 | | teachers on the subject of the African slave trade, | 18 | | American slavery, the impact of slavery on our society | 19 | | today, and the contributions of African-Americans to our | 20 | | country. | 21 | | (5) To coordinate events memorializing the African | 22 | | slave trade, American slavery, and the history of | 23 | | African-Americans in this country that reflect the | 24 | | contributions of African-Americans in overcoming the | 25 | | burdens of slavery and its vestiges, and to seek volunteers | 26 | | who are willing and able to participate in commemorative |
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| 1 | | events that will enhance student awareness of the | 2 | | significance of the African slave trade, American slavery, | 3 | | its historical impact, and the struggle for freedom. | 4 | | (6) To prepare reports for the Governor and the General | 5 | | Assembly regarding its findings and recommendations on | 6 | | facilitating the inclusion of the African slave trade, | 7 | | American slavery studies, African-American history, and | 8 | | special programs in the educational system of the State.
| 9 | | (7) To develop, in consultation with the State Board of | 10 | | Education, curriculum guidelines that will be made | 11 | | available to every school board for the teaching of | 12 | | information on the African slave trade, slavery in America, | 13 | | the vestiges of slavery in this country, and the | 14 | | contributions of African-Americans to our country.
| 15 | | (8) To solicit, receive, and accept appropriations, | 16 | | gifts, and donations for Commission operations and | 17 | | programs authorized under this Section.
| 18 | | (j) Commission requests for assistance. The Commission is | 19 | | authorized to call upon any department, office, division, or | 20 | | agency of the State, or of any county, municipality, or school | 21 | | district of the State, to supply such data, program reports, | 22 | | and other information, appropriate school personnel, and | 23 | | assistance as it deems necessary to discharge its | 24 | | responsibilities under this Act. These departments, offices, | 25 | | divisions, and agencies shall, to the extent possible and not | 26 | | inconsistent with any other law of this State, cooperate with |
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| 1 | | the Commission and shall furnish it with such information, | 2 | | appropriate school personnel, and assistance as may be | 3 | | necessary or helpful to accomplish the purposes of this Act.
| 4 | | (k) State Board of Education assistance. The State Board of | 5 | | Education shall: | 6 | | (1) Assist the Amistad Commission in marketing and | 7 | | distributing to educators, administrators, and school | 8 | | districts in the State educational information and other | 9 | | materials on the African slave trade, slavery in America, | 10 | | the vestiges of slavery in this country, and the | 11 | | contributions of African-Americans to our society. | 12 | | (2) Conduct at least one teacher workshop annually on | 13 | | the African slave trade, slavery in America, the vestiges | 14 | | of slavery in this country, and the contributions of | 15 | | African-Americans to our society. | 16 | | (3) Assist the Amistad Commission in monitoring the | 17 | | inclusion of slavery materials and curricula in the State's | 18 | | educational system. | 19 | | (4) Consult with the Amistad Commission to determine | 20 | | ways it may survey, catalog, and extend slave trade and | 21 | | American slavery education presently being taught in the | 22 | | State's educational system. | 23 | | The State Board of Education may, subject to the | 24 | | availability of appropriations, hire additional staff and | 25 | | consultants to carry out the duties and responsibilities | 26 | | provided within this subsection (k). |
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| 1 | | (l) Report. The Commission shall report its activities and | 2 | | findings, as required under subsection (i), to the Governor and | 3 | | General Assembly on or before June 30, 2006, and biannually | 4 | | thereafter.
| 5 | | (Source: P.A. 94-285, eff. 7-21-05.)
| 6 | | (20 ILCS 3405/34)
| 7 | | Sec. 34. Internal Auditor. There is created the Office of | 8 | | the Internal
Auditor
of the Historic
Preservation Agency. The | 9 | | Internal Auditor shall be appointed by the Board,
shall serve | 10 | | at the
pleasure of the Board, and shall report to the Board. | 11 | | The Internal Auditor
shall audit and
maintain the financial | 12 | | books, records, papers, and transactions of the Lincoln
| 13 | | Presidential Library
and the Historic Sites and Preservation | 14 | | Division of the Historic Preservation
Agency. The Internal
| 15 | | Auditor shall
prepare an annual report for each fiscal year of | 16 | | the operations of the Historic
Preservation
Agency, which shall | 17 | | be submitted to the Board, the General Assembly, and the
| 18 | | Governor.
Nothing in this Section shall abridge the authority | 19 | | of the Illinois Auditor
General to
independently audit the | 20 | | Illinois Historic Preservation Agency or any of the
libraries, | 21 | | divisions, or
offices contained within the Agency.
| 22 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 23 | | (20 ILCS 3405/36 new) | 24 | | Sec. 36. Powers of the State Museum. In addition to its |
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| 1 | | other powers and duties, the Agency shall
have the following | 2 | | powers and duties which shall be performed by the
State Museum: | 3 | | (1) To investigate and study the natural resources of | 4 | | the State and
to prepare printed reports and furnish | 5 | | information fundamental to the
conservation and | 6 | | development of natural resources and for that purpose
the | 7 | | officers and employees thereof may, pursuant to rule | 8 | | adopted by the
Agency, enter and cross all lands in this | 9 | | State, doing
no damage to private property. | 10 | | (2) To cooperate with and advise departments having | 11 | | administrative
powers and duties relating to the natural | 12 | | resources of the State, and to
cooperate with similar | 13 | | departments in other states and with the United
States | 14 | | Government. | 15 | | (3) To cooperate with the Illinois State Academy of | 16 | | Science and to
publish a suitable number of the results of | 17 | | the investigations and
research in the field of natural | 18 | | science to the end that the same may be
distributed to the | 19 | | interested public. | 20 | | (4) To maintain a State Museum, and to collect and | 21 | | preserve objects
of scientific and artistic value, | 22 | | representing past and present fauna
and flora, the life and | 23 | | work of man, geological history, natural
resources, and | 24 | | manufacturing and the fine arts; and to interpret for and
| 25 | | educate the public concerning the foregoing. | 26 | | (5) To cooperate with the Illinois State Museum Society |
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| 1 | | for the
mutual benefit of the Museum and the Society, with | 2 | | the Museum furnishing
necessary space for the Society to | 3 | | carry on its functions and keep its
records, and, upon the | 4 | | recommendation of the Museum Director with the
approval of | 5 | | the Board of State Museum Advisors and the Executive | 6 | | Director of the
Agency, to enter into agreements with the | 7 | | Illinois State Museum
Society for the operation of a sales | 8 | | counter and other concessions for
the mutual benefit of the | 9 | | Museum and the Society. | 10 | | (6) To accept grants of property and to hold property | 11 | | to be
administered as part of the State Museum for the | 12 | | purpose of
preservation, research or interpretation of | 13 | | significant areas within the
State for the purpose of | 14 | | preserving, studying and interpreting
archaeological and | 15 | | natural phenomena. | 16 | | (7) To contribute to and support the operations, | 17 | | programs
and capital development of public museums in this | 18 | | State.
For the purposes of this Section, "public museum" | 19 | | means a facility: (A) that
is operating for the purposes of | 20 | | promoting cultural development
through
special activities | 21 | | or programs or through performing arts that are
performed | 22 | | in an indoor setting, and acquiring,
conserving, | 23 | | preserving,
studying, interpreting, enhancing, and in | 24 | | particular, organizing and
continuously exhibiting | 25 | | specimens, artifacts, articles, documents and
other things | 26 | | of historical, anthropological, archaeological, |
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| 1 | | industrial,
scientific or artistic import, to the public | 2 | | for its instruction and
enjoyment, and (B) that either (i) | 3 | | is operated by or located upon land
owned by a unit of | 4 | | local
government
or (ii) is a museum that has an annual | 5 | | attendance of at least
150,000 and
offers educational | 6 | | programs to school groups during school hours.
A museum is | 7 | | eligible to receive funds for capital development under
| 8 | | this subdivision (7)
only if it is operated by or located | 9 | | upon land owned by a unit of local
government or if it is | 10 | | certified by a unit of local
government in
which it is | 11 | | located as a public museum meeting the criteria of this | 12 | | Section.
Recipients of funds for capital development under
| 13 | | this subdivision (7) shall match State funds with local or | 14 | | private funding
according to the following: | 15 | | (a) for a public museum with an attendance of | 16 | | 300,000 or less during the
preceding calendar year, no | 17 | | match is required; | 18 | | (b) for a public museum with an attendance of over | 19 | | 300,000 but less than
600,000 during the preceding | 20 | | calendar year, the match must be at a ratio of $1
from | 21 | | local and
private funds for every $1 in State funds; | 22 | | and | 23 | | (c) for a public museum with an attendance of over | 24 | | 600,000 during the
preceding calendar year, the match | 25 | | must be at a ratio of $2 from local and
private funds | 26 | | for every
$1 in State funds. |
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| 1 | | The Agency shall formulate rules and regulations | 2 | | relating to the
allocation of any funds appropriated by the | 3 | | General Assembly for the
purpose of contributing to the | 4 | | support of public museums in this State. | 5 | | (8) To perform all other duties and assume all | 6 | | obligations of the former
Department of Energy and Natural | 7 | | Resources and the former Department of
Registration and | 8 | | Education pertaining to the State Museum. | 9 | | (9) This Section is a recodification of the former | 10 | | Section 1-25 of the Department of Natural Resources Act, | 11 | | and shall be interpreted in the same manner as that section | 12 | | when it was codified within the Department of Natural | 13 | | Resources Act, except where the context requires | 14 | | otherwise. | 15 | | (20 ILCS 3405/37 new) | 16 | | Sec. 37. State Museum. The Historical Preservation Agency | 17 | | shall have within it the office of the Illinois State Museum. | 18 | | The Board of the Illinois State Museum is retained as the | 19 | | governing board for the State Museum. | 20 | | (a) Within the Agency there shall be a Board of the | 21 | | Illinois State Museum, composed of 11 persons, one of whom | 22 | | shall be a senior citizen age 60 or over. The Board shall be | 23 | | composed of 9 representatives of the natural sciences, | 24 | | anthropology, art, and business, qualified by at least 10 years | 25 | | of experience in practicing or teaching their several |
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| 1 | | professions; one senior citizen; and the Executive Director of | 2 | | the Historic Preservation Agency or his or her designee. | 3 | | Members of the Board shall be appointed by the Governor with | 4 | | the advice and consent of the Senate and shall serve for 2-year | 5 | | terms. | 6 | | The transfer of the Board to the Agency under this | 7 | | amendatory Act of the 99th General Assembly does not terminate | 8 | | or otherwise affect the term of membership of any member of the | 9 | | Board, except that the Director of Natural Resources is | 10 | | replaced by the Executive Director of the Historic Preservation | 11 | | Agency. | 12 | | The Board shall: | 13 | | (1) advise the Executive Director of the Agency in all | 14 | | matters pertaining to maintenance, extension and | 15 | | usefulness of the Illinois State Museum; | 16 | | (2) make recommendations concerning the appointment of | 17 | | a new museum director whenever a vacancy occurs in that | 18 | | position; | 19 | | (3) fix the salaries of the administrative, | 20 | | scientific, and technical staff of the Illinois State | 21 | | Museum; and | 22 | | (4) review the budget and approve budget requests of | 23 | | the Illinois State Museum and make recommendations with | 24 | | reference thereto to the Governor through the Executive | 25 | | Director of the Agency. | 26 | | (c) The approval of the Board of the Illinois State Museum |
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| 1 | | is necessary for the appointment of the administrative, | 2 | | scientific, and technical staff of the Illinois State Museum | 3 | | and for the making of any change in the salary of any person on | 4 | | that staff. | 5 | | (d) The Agency may set by administrative rule an entrance | 6 | | fee for visitors to the Illinois State Museum. The fee assessed | 7 | | by this Section shall be deposited into the Illinois State | 8 | | Museum Fund for the Agency to use to support the Illinois State | 9 | | Museum. The monies deposited into the Illinois State Museum | 10 | | Fund under this Section shall not be subject to administrative | 11 | | charges or chargebacks unless otherwise authorized by this Act. | 12 | | (e) The Illinois State Museum shall set aside a booth or | 13 | | section of the gift shop for the sale of products manufactured | 14 | | in the United States. As used in this Section, "products | 15 | | manufactured in the United States" means assembled articles, | 16 | | materials, or supplies for which design, final assembly, | 17 | | processing, packaging, testing, or other process that adds | 18 | | value, quality, or reliability occurred in the United States. | 19 | | (f) Subsections (a) through (e) of this Section are a | 20 | | recodification of the former Article 20 of the Department of | 21 | | Natural Resources Act, and shall be interpreted in the same | 22 | | manner as when they were codified within the Department of | 23 | | Natural Resources Act, except where the context requires | 24 | | otherwise. | 25 | | (g) On the effective date of this amendatory Act of the | 26 | | 99th General Assembly, the Illinois State Museum and all |
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| 1 | | powers, duties, functions, and responsibilities thereof, are | 2 | | hereby transferred to the Historic Preservation Agency. | 3 | | (h) The personnel of the office of the Illinois State | 4 | | Museum are hereby transferred to the Historic Preservation | 5 | | Agency. The status and rights of the transferred employees, and | 6 | | the rights of the State of Illinois and its agencies, under the | 7 | | Personnel Code and applicable collective bargaining agreements | 8 | | or under any pension, retirement, or annuity plan are not | 9 | | affected (except as provided in Sections 14-110 and 18-127 of | 10 | | the Illinois Pension Code) by the transfer or by any other of | 11 | | provision of this Act. | 12 | | (i) All books, records, papers, documents, property (real | 13 | | and personal), contracts, causes of action, and pending | 14 | | business pertaining to the powers, duties, rights, and | 15 | | responsibilities of the Illinois State Museum transferred by | 16 | | this amendatory Act, including, but not limited to, the Alan J. | 17 | | Dixon Building and the Illinois State Museum Research and | 18 | | Collections Center in Springfield, the Dickson Mounds State | 19 | | Memorial in Lewiston, the Illinois State Museum Lockport | 20 | | Gallery in Lockport, the Illinois State Museum Chicago Gallery | 21 | | and Illinois Artisans in Chicago, and the Southern Illinois Art | 22 | | and Artisans Center in Whittington, together with material in | 23 | | electronic or magnetic format and necessary computer hardware | 24 | | and software, shall be transferred with the Illinois State | 25 | | Museum. | 26 | | (j) All unexpended appropriations and balances and other |
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| 1 | | funds available for use by the Illinois State Museum within the | 2 | | Department of Natural Resources shall be transferred for use by | 3 | | the Historic Preservation Agency pursuant to the direction of | 4 | | the Governor. Unexpended balances so transferred shall be | 5 | | expended only for the purpose for which the appropriations were | 6 | | originally made. | 7 | | (k) The powers, duties, rights, and responsibilities | 8 | | transferred from the Illinois State Museum within the | 9 | | Department of Natural Resources by this amendatory Act shall be | 10 | | vested in and shall be exercised by the Illinois State Museum | 11 | | within the Historic Preservation Agency. | 12 | | (l) Whenever reports or notices are now required to be made | 13 | | or given or papers or documents furnished or served by any | 14 | | person to or upon the Illinois State Museum within the | 15 | | Department of Natural Resources in connection with any of the | 16 | | powers, duties, rights, and responsibilities transferred by | 17 | | this amendatory Act, the same shall be made, given, furnished, | 18 | | or served in the same manner to or upon the Illinois State | 19 | | Museum within the Historic Preservation Agency. | 20 | | (m) This amendatory Act does not affect any act done, | 21 | | ratified, or canceled or any right occurring or established or | 22 | | any action or proceeding had or commenced in an administrative, | 23 | | civil, or criminal cause by the Illinois State Museum within | 24 | | the Department of Natural Resources before this amendatory Act | 25 | | takes effect; such actions or proceedings may be prosecuted and | 26 | | continued by the Illinois State Museum within the Historic |
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| 1 | | Preservation Agency. | 2 | | (n) Any rules of the Illinois State Museum within the | 3 | | Department of Natural Resources that relate to its powers, | 4 | | duties, rights, and responsibilities and are in full force on | 5 | | the effective date of this amendatory Act shall become the | 6 | | rules of the Illinois State Museum within the Historic | 7 | | Preservation Agency. This amendatory Act does not affect the | 8 | | legality of any such rules in the Illinois Administrative Code. | 9 | | Any proposed rules filed with the Secretary of State by the | 10 | | Illinois State Museum within the Department of Natural | 11 | | Resources that are pending in the rulemaking process on the | 12 | | effective date of this amendatory Act and pertain to the | 13 | | powers, duties, rights, and responsibilities transferred, | 14 | | shall be deemed to have been filed by the Illinois State Museum | 15 | | within the Historic Preservation Agency. As soon as practicable | 16 | | hereafter, the Illinois State Museum shall revise and clarify | 17 | | the rules transferred to it under this amendatory Act to | 18 | | reflect the reorganization of powers, duties, rights, and | 19 | | responsibilities affected by this amendatory Act, using the | 20 | | procedures for recodification of rules available under the | 21 | | Illinois Administrative Procedure Act, except that existing | 22 | | title, part, and section numbering for the affected rules may | 23 | | be retained. The Illinois State Museum may propose and adopt | 24 | | under the Illinois Administrative Procedure Act such other | 25 | | rules of the Illinois State Museum within the Department of | 26 | | Natural Resources that will now be administered by the Illinois |
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| 1 | | State Museum within the Historic Preservation Agency. | 2 | | Section 2-15. The Illinois Historic Preservation Act is | 3 | | amended by changing Section 3 as follows:
| 4 | | (20 ILCS 3410/3) (from Ch. 127, par. 133d3)
| 5 | | Sec. 3.
There is recognized and established hereunder the | 6 | | Illinois Historic
Sites Advisory Council, previously | 7 | | established pursuant to Federal regulations,
hereafter called | 8 | | the Council. The Council shall consist of
15 members. Of these, | 9 | | there shall be at least 3 historians, at least 3
architectural | 10 | | historians, or architects with a preservation background,
and | 11 | | at least 3 archeologists. The remaining 6 members shall be | 12 | | drawn from
supporting fields and have a preservation interest. | 13 | | Supporting fields shall
include but not be limited to | 14 | | historical geography, law, urban planning,
local government | 15 | | officials, and members of other preservation commissions.
All | 16 | | shall be appointed by the Director of Historic Sites and | 17 | | Preservation,
with the consent of the Board.
| 18 | | The Council Chairperson shall be appointed by the Executive | 19 | | Director of the Historic
Preservation Agency Sites and | 20 | | Preservation from the Council
membership and shall serve at the | 21 | | Director's pleasure.
| 22 | | The Executive Director of the Abraham Lincoln Presidential | 23 | | Library and Museum and the Director of
the Illinois State | 24 | | Museum shall serve on the Council
in advisory capacity as |
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| 1 | | non-voting members.
| 2 | | Terms of membership shall be 3 years and shall be staggered | 3 | | by the Director
to assure continuity of representation.
| 4 | | The Council shall meet at least 3 times each year. | 5 | | Additional meetings
may be held at the call of the chairperson | 6 | | or at the call of the Director.
| 7 | | Members shall serve without compensation, but shall be | 8 | | reimbursed for actual
expenses incurred in the performance of | 9 | | their duties.
| 10 | | (Source: P.A. 97-785, eff. 7-13-12.)
| 11 | | Section 2-20. The State Historical Library Act is amended | 12 | | by changing Section 5.1 as follows:
| 13 | | (20 ILCS 3425/5.1) (from Ch. 128, par. 16.1)
| 14 | | Sec. 5.1.
The State Historian shall establish and supervise | 15 | | a program within
the Abraham Lincoln Presidential Library and | 16 | | Museum designed
to preserve as historical
records selected past | 17 | | editions of newspapers of this State. Such editions
shall be | 18 | | preserved in accordance with industry standards | 19 | | microphotographed . The negatives of such microphotographs and | 20 | | other materials shall be
stored in a place provided by the | 21 | | Abraham Lincoln Presidential Library and Museum .
| 22 | | The State Historian shall determine on the basis of | 23 | | historical value the
various newspaper edition files which | 24 | | shall be preserved microphotographed and shall
arrange a |
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| 1 | | schedule for such preservation microphotographing . The State | 2 | | Historian shall
supervise the making of arrangements for | 3 | | acquiring access to past edition
files with the editors or | 4 | | publishers of the various newspapers.
| 5 | | The method of microphotography to be employed in this | 6 | | program shall
conform to the standards established pursuant to | 7 | | Section 17 of "The State
Records Act", approved July 6, 1957.
| 8 | | Upon payment to the Abraham Lincoln Presidential Library | 9 | | and Museum of the required
fee, any person or organization | 10 | | shall be supplied with any prints requested
to be made from the | 11 | | newspapers and all records. negatives of the microphotographs. | 12 | | The fee required
shall be determined by the State Historian and | 13 | | shall be equal in amount to
the cost incurred by the Abraham | 14 | | Lincoln Presidential Library and Museum
in supplying the
| 15 | | requested prints.
| 16 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 17 | | Section 2-25. The Old State Capitol Act is amended by | 18 | | changing Section 1 as follows:
| 19 | | (20 ILCS 3430/1) (from Ch. 123, par. 52)
| 20 | | Sec. 1.
As used in this Act,
| 21 | | (a) "Old State Capitol Complex" means the old State capitol
| 22 | | reconstructed under the "1961 Act" in Springfield and includes | 23 | | space also
occupied
by the Abraham Lincoln Presidential Library | 24 | | and Museum and an underground parking garage;
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| 1 | | (b) "1961 Act" means "An Act providing for the | 2 | | reconstruction and
restoration of the old State Capitol at | 3 | | Springfield and providing for the
custody thereof", approved | 4 | | August 24, 1961, as amended;
| 5 | | (c) "Board of Trustees" means the Board of Trustees of the | 6 | | Historic
Preservation Agency Advisory Board .
| 7 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 8 | | Section 2-30. The Illinois Municipal Code is amended by | 9 | | changing Section 11-48-1 as follows:
| 10 | | (65 ILCS 5/11-48-1) (from Ch. 24, par. 11-48-1)
| 11 | | Sec. 11-48-1.
The city council or board of trustees of | 12 | | every city,
incorporated town or village may, by order or | 13 | | resolution authorize and
direct to be transferred to the | 14 | | Abraham Lincoln Presidential Library and Museum , the State
| 15 | | Archives or to the State
University Library at Urbana, | 16 | | Illinois, or to any historical society duly
incorporated and | 17 | | located within their respective counties, such official
| 18 | | papers, drawings, maps, writings and records of every | 19 | | description as may be
deemed of historic interest or value, and | 20 | | as may be in the custody of any
officer of such county, city, | 21 | | incorporated town or village. Accurate copies
of the same when | 22 | | so transferred shall be substituted for the original when
in | 23 | | the judgment of such city council or board of trustees the same | 24 | | may be
deemed necessary.
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| 1 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 2 | | Section 2-35. The Liquor Control Act of 1934 is amended by | 3 | | changing Section 6-15 as follows:
| 4 | | (235 ILCS 5/6-15) (from Ch. 43, par. 130)
| 5 | | Sec. 6-15. No alcoholic liquors shall be sold or delivered | 6 | | in any
building belonging to or under the control of the State | 7 | | or any political
subdivision thereof except as provided in this | 8 | | Act. The corporate
authorities of any city, village, | 9 | | incorporated town, township, or county may provide by
| 10 | | ordinance, however, that alcoholic liquor may be sold or | 11 | | delivered in any
specifically designated building belonging to | 12 | | or under the control of the
municipality, township, or county, | 13 | | or in any building located on land under the
control of the | 14 | | municipality, township, or county; provided that such township | 15 | | or county complies with all
applicable local ordinances in any | 16 | | incorporated area of the township or county.
Alcoholic liquor | 17 | | may be delivered to and sold under the authority of a special | 18 | | use permit on any property owned by a conservation district | 19 | | organized under the Conservation District Act, provided that | 20 | | (i) the alcoholic liquor is sold only at an event authorized by | 21 | | the governing board of the conservation district, (ii) the | 22 | | issuance of the special use permit is authorized by the local | 23 | | liquor control commissioner of the territory in which the | 24 | | property is located, and (iii) the special use permit |
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| 1 | | authorizes the sale of alcoholic liquor for one day or less. | 2 | | Alcoholic liquors may be delivered to and sold at any airport | 3 | | belonging to
or under the control of a municipality of more | 4 | | than 25,000 inhabitants, or
in any building or on any golf | 5 | | course owned by a park district organized under
the Park | 6 | | District
Code, subject to the approval of the governing board | 7 | | of the district, or
in any building or on any golf course owned | 8 | | by a forest preserve district
organized under the Downstate | 9 | | Forest Preserve District Act, subject to the
approval of the | 10 | | governing board of the district, or on the grounds
within 500 | 11 | | feet of any building owned by a forest preserve district
| 12 | | organized under the Downstate Forest Preserve District Act | 13 | | during
times when food is dispensed for consumption within
500 | 14 | | feet of the building from which the food is dispensed,
subject | 15 | | to the
approval of the
governing board of the district, or in a | 16 | | building owned by a Local Mass
Transit District organized under | 17 | | the Local Mass Transit District Act, subject
to the approval of | 18 | | the governing Board of the District, or in Bicentennial
Park, | 19 | | or
on the premises of the City of Mendota Lake Park
located | 20 | | adjacent to Route 51 in Mendota, Illinois, or on the premises | 21 | | of
Camden Park in Milan, Illinois, or in the community center | 22 | | owned by the
City of Loves Park that is located at 1000 River | 23 | | Park Drive in Loves Park,
Illinois, or, in connection with the | 24 | | operation of an established food
serving facility during times | 25 | | when food is dispensed for consumption on the
premises, and at | 26 | | the following aquarium and museums located in public
parks: Art |
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| 1 | | Institute of Chicago, Chicago Academy of Sciences, Chicago
| 2 | | Historical Society, Field Museum of Natural History, Museum of | 3 | | Science and
Industry, DuSable Museum of African American | 4 | | History, John G. Shedd
Aquarium and Adler Planetarium, or at | 5 | | Lakeview Museum of Arts and Sciences
in Peoria, or in | 6 | | connection with the operation of the facilities of the
Chicago | 7 | | Zoological Society or the Chicago Horticultural Society on land
| 8 | | owned by the Forest Preserve District of Cook County,
or on any | 9 | | land used for a golf course or for recreational purposes
owned | 10 | | by the Forest Preserve District of Cook County, subject to the | 11 | | control
of the Forest Preserve District Board of Commissioners | 12 | | and applicable local
law, provided that dram shop liability | 13 | | insurance is provided at
maximum coverage limits so as to hold | 14 | | the
District harmless from all financial loss, damage, and | 15 | | harm,
or in any building
located on land owned by the Chicago | 16 | | Park District if approved by the Park
District Commissioners, | 17 | | or on any land used for a golf course or for
recreational | 18 | | purposes and owned by the Illinois International Port District | 19 | | if
approved by the District's governing board, or at any | 20 | | airport, golf course,
faculty center, or
facility in which | 21 | | conference and convention type activities take place
belonging | 22 | | to or under control of any State university or public community
| 23 | | college district, provided that with respect to a facility for | 24 | | conference
and convention type activities alcoholic liquors | 25 | | shall be limited to the
use of the convention or conference | 26 | | participants or participants
in cultural, political or |
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| 1 | | educational activities held in such facilities,
and provided | 2 | | further that the faculty or staff of the State university or
a | 3 | | public community college district, or members of an | 4 | | organization of
students, alumni, faculty or staff of the State | 5 | | university or a public
community college district are active | 6 | | participants in the conference
or convention, or in Memorial | 7 | | Stadium on the campus of the University of
Illinois at | 8 | | Urbana-Champaign during games in which the
Chicago Bears | 9 | | professional football team is playing in that stadium during | 10 | | the
renovation of Soldier Field, not more than one and a half | 11 | | hours before the
start of the game and not after the end of the | 12 | | third quarter of the game,
or in the Pavilion Facility on the | 13 | | campus of the University of Illinois at Chicago during games in | 14 | | which the Chicago Storm professional soccer team is playing in | 15 | | that facility, not more than one and a half hours before the | 16 | | start of the game and not after the end of the third quarter of | 17 | | the game, or in the Pavilion Facility on the campus of the | 18 | | University of Illinois at Chicago during games in which the | 19 | | WNBA professional women's basketball team is playing in that | 20 | | facility, not more than one and a half hours before the start | 21 | | of the game and not after the 10-minute mark of the second half | 22 | | of the game, or by a catering establishment which has rented | 23 | | facilities
from a board of trustees of a public community | 24 | | college district, or in a restaurant that is operated by a | 25 | | commercial tenant in the North Campus Parking Deck building | 26 | | that (1) is located at 1201 West University Avenue, Urbana, |
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| 1 | | Illinois and (2) is owned by the Board of Trustees of the | 2 | | University of Illinois, or, if
approved by the District board, | 3 | | on land owned by the Metropolitan Sanitary
District of Greater | 4 | | Chicago and leased to others for a term of at least
20 years. | 5 | | Nothing in this Section precludes the sale or delivery of
| 6 | | alcoholic liquor in the form of original packaged goods in | 7 | | premises located
at 500 S. Racine in Chicago belonging to the | 8 | | University of Illinois and
used primarily as a grocery store by | 9 | | a commercial tenant during the term of
a lease that predates | 10 | | the University's acquisition of the premises; but the
| 11 | | University shall have no power or authority to renew, transfer, | 12 | | or extend
the lease with terms allowing the sale of alcoholic | 13 | | liquor; and the sale of
alcoholic liquor shall be subject to | 14 | | all local laws and regulations.
After the acquisition by | 15 | | Winnebago County of the property located at 404
Elm Street in | 16 | | Rockford, a commercial tenant who sold alcoholic liquor at
| 17 | | retail on a portion of the property under a valid license at | 18 | | the time of
the acquisition may continue to do so for so long | 19 | | as the tenant and the
County may agree under existing or future | 20 | | leases, subject to all local laws
and regulations regarding the | 21 | | sale of alcoholic liquor. Alcoholic liquors may be delivered to | 22 | | and sold at Memorial Hall, located at 211 North Main Street, | 23 | | Rockford, under conditions approved by Winnebago County and | 24 | | subject to all local laws and regulations regarding the sale of | 25 | | alcoholic liquor. Each
facility shall provide dram shop | 26 | | liability in maximum insurance coverage
limits so as to save |
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| 1 | | harmless the State, municipality, State university,
airport, | 2 | | golf course, faculty center, facility in which conference and
| 3 | | convention type activities take place, park district, Forest | 4 | | Preserve
District, public community college district, | 5 | | aquarium, museum, or sanitary
district from all financial loss, | 6 | | damage or harm. Alcoholic liquors may be
sold at retail in | 7 | | buildings of golf courses owned by municipalities or Illinois | 8 | | State University in
connection with the operation of an | 9 | | established food serving facility
during times when food is | 10 | | dispensed for consumption upon the premises.
Alcoholic liquors | 11 | | may be delivered to and sold at retail in any building
owned by | 12 | | a fire protection district organized under the Fire Protection
| 13 | | District Act, provided that such delivery and sale is approved | 14 | | by the board
of trustees of the district, and provided further | 15 | | that such delivery and
sale is limited to fundraising events | 16 | | and to a maximum of 6 events per year. However, the limitation | 17 | | to fundraising events and to a maximum of 6 events per year | 18 | | does not apply to the delivery, sale, or manufacture of | 19 | | alcoholic liquors at the building located at 59 Main Street in | 20 | | Oswego, Illinois, owned by the Oswego Fire Protection District | 21 | | if the alcoholic liquor is sold or dispensed as approved by the | 22 | | Oswego Fire Protection District and the property is no longer | 23 | | being utilized for fire protection purposes.
| 24 | | Alcoholic liquors may be served or sold in buildings under | 25 | | the control of the Board of Trustees of the University of | 26 | | Illinois for events that the Board may determine are public |
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| 1 | | events and not related student activities. The Board of | 2 | | Trustees shall issue a written policy within 6 months of the | 3 | | effective date of this amendatory Act of the 95th General | 4 | | Assembly concerning the types of events that would be eligible | 5 | | for an exemption. Thereafter, the Board of Trustees may issue | 6 | | revised, updated, new, or amended policies as it deems | 7 | | necessary and appropriate. In preparing its written policy, the | 8 | | Board of Trustees shall, among other factors it considers | 9 | | relevant and important, give consideration to the following: | 10 | | (i) whether the event is a student activity or student related | 11 | | activity; (ii) whether the physical setting of the event is | 12 | | conducive to control of liquor sales and distribution; (iii) | 13 | | the ability of the event operator to ensure that the sale or | 14 | | serving of alcoholic liquors and the demeanor of the | 15 | | participants are in accordance with State law and University | 16 | | policies; (iv) regarding the anticipated attendees at the | 17 | | event, the relative proportion of individuals under the age of | 18 | | 21 to individuals age 21 or older; (v) the ability of the venue | 19 | | operator to prevent the sale or distribution of alcoholic | 20 | | liquors to individuals under the age of 21; (vi) whether the | 21 | | event prohibits participants from removing alcoholic beverages | 22 | | from the venue; and (vii) whether the event prohibits | 23 | | participants from providing their own alcoholic liquors to the | 24 | | venue. In addition, any policy submitted by the Board of | 25 | | Trustees to the Illinois Liquor Control Commission must require | 26 | | that any event at which alcoholic liquors are served or sold in |
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| 1 | | buildings under the control of the Board of Trustees shall | 2 | | require the prior written approval of the Office of the | 3 | | Chancellor for the University campus where the event is | 4 | | located. The Board of Trustees shall submit its policy, and any | 5 | | subsequently revised, updated, new, or amended policies, to the | 6 | | Illinois Liquor Control Commission, and any University event, | 7 | | or location for an event, exempted under such policies shall | 8 | | apply for a license under the applicable Sections of this Act. | 9 | | Alcoholic liquors may be served or sold in buildings under
| 10 | | the control of the Board of Trustees of Northern Illinois | 11 | | University
for events that the Board may determine are public
| 12 | | events and not student-related activities. The Board of
| 13 | | Trustees shall issue a written policy within 6 months after | 14 | | June 28, 2011 (the
effective date of Public Act 97-45) | 15 | | concerning the types of events that would be eligible
for an | 16 | | exemption. Thereafter, the Board of Trustees may issue
revised, | 17 | | updated, new, or amended policies as it deems
necessary and | 18 | | appropriate. In preparing its written policy, the
Board of | 19 | | Trustees shall, in addition to other factors it considers
| 20 | | relevant and important, give consideration to the following:
| 21 | | (i) whether the event is a student activity or student-related
| 22 | | activity; (ii) whether the physical setting of the event is
| 23 | | conducive to control of liquor sales and distribution; (iii)
| 24 | | the ability of the event operator to ensure that the sale or
| 25 | | serving of alcoholic liquors and the demeanor of the
| 26 | | participants are in accordance with State law and University
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| 1 | | policies; (iv) the anticipated attendees at the
event and the | 2 | | relative proportion of individuals under the age of
21 to | 3 | | individuals age 21 or older; (v) the ability of the venue
| 4 | | operator to prevent the sale or distribution of alcoholic
| 5 | | liquors to individuals under the age of 21; (vi) whether the
| 6 | | event prohibits participants from removing alcoholic beverages
| 7 | | from the venue; and (vii) whether the event prohibits
| 8 | | participants from providing their own alcoholic liquors to the
| 9 | | venue. | 10 | | Alcoholic liquors may be served or sold in buildings under | 11 | | the control of the Board of Trustees of Chicago State | 12 | | University for events that the Board may determine are public | 13 | | events and not student-related activities. The Board of | 14 | | Trustees shall issue a written policy within 6 months after | 15 | | August 2, 2013 (the effective date of Public Act 98-132) | 16 | | concerning the types of events that would be eligible for an | 17 | | exemption. Thereafter, the Board of Trustees may issue revised, | 18 | | updated, new, or amended policies as it deems necessary and | 19 | | appropriate. In preparing its written policy, the Board of | 20 | | Trustees shall, in addition to other factors it considers | 21 | | relevant and important, give consideration to the following: | 22 | | (i) whether the event is a student activity or student-related | 23 | | activity; (ii) whether the physical setting of the event is | 24 | | conducive to control of liquor sales and distribution; (iii) | 25 | | the ability of the event operator to ensure that the sale or | 26 | | serving of alcoholic liquors and the demeanor of the |
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| 1 | | participants are in accordance with State law and University | 2 | | policies; (iv) the anticipated attendees at the event and the | 3 | | relative proportion of individuals under the age of 21 to | 4 | | individuals age 21 or older; (v) the ability of the venue | 5 | | operator to prevent the sale or distribution of alcoholic | 6 | | liquors to individuals under the age of 21; (vi) whether the | 7 | | event prohibits participants from removing alcoholic beverages | 8 | | from the venue; and (vii) whether the event prohibits | 9 | | participants from providing their own alcoholic liquors to the | 10 | | venue. | 11 | | Alcoholic liquors may be served or sold in buildings under
| 12 | | the control of the Board of Trustees of Illinois State | 13 | | University
for events that the Board may determine are public
| 14 | | events and not student-related activities. The Board of
| 15 | | Trustees shall issue a written policy within 6 months after the | 16 | | effective date of this amendatory Act of the 97th General | 17 | | Assembly concerning the types of events that would be eligible
| 18 | | for an exemption. Thereafter, the Board of Trustees may issue
| 19 | | revised, updated, new, or amended policies as it deems
| 20 | | necessary and appropriate. In preparing its written policy, the
| 21 | | Board of Trustees shall, in addition to other factors it | 22 | | considers
relevant and important, give consideration to the | 23 | | following:
(i) whether the event is a student activity or | 24 | | student-related
activity; (ii) whether the physical setting of | 25 | | the event is
conducive to control of liquor sales and | 26 | | distribution; (iii)
the ability of the event operator to ensure |
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| 1 | | that the sale or
serving of alcoholic liquors and the demeanor | 2 | | of the
participants are in accordance with State law and | 3 | | University
policies; (iv) the anticipated attendees at the
| 4 | | event and the relative proportion of individuals under the age | 5 | | of
21 to individuals age 21 or older; (v) the ability of the | 6 | | venue
operator to prevent the sale or distribution of alcoholic
| 7 | | liquors to individuals under the age of 21; (vi) whether the
| 8 | | event prohibits participants from removing alcoholic beverages
| 9 | | from the venue; and (vii) whether the event prohibits
| 10 | | participants from providing their own alcoholic liquors to the
| 11 | | venue. | 12 | | Alcoholic liquor may be delivered to and sold at retail in | 13 | | the
Dorchester Senior Business Center owned by the Village of | 14 | | Dolton if the
alcoholic liquor is sold or dispensed only in | 15 | | connection with organized
functions for which the planned | 16 | | attendance is 20 or more persons, and if
the person or facility | 17 | | selling or dispensing the alcoholic liquor has
provided dram | 18 | | shop liability insurance in maximum limits so as to hold
| 19 | | harmless the Village of Dolton and the State from all financial | 20 | | loss,
damage and harm.
| 21 | | Alcoholic liquors may be delivered to and sold at retail in | 22 | | any
building used as an Illinois State Armory provided:
| 23 | | (i) the Adjutant General's written consent to the | 24 | | issuance of a
license to sell alcoholic liquor in such | 25 | | building is filed with the
Commission;
| 26 | | (ii) the alcoholic liquor is sold or dispensed only in |
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| 1 | | connection
with organized functions held on special | 2 | | occasions;
| 3 | | (iii) the organized function is one for which the | 4 | | planned attendance
is 25 or more persons; and
| 5 | | (iv) the facility selling or dispensing the alcoholic | 6 | | liquors has
provided dram shop liability insurance in | 7 | | maximum limits so as to save
harmless the facility and the | 8 | | State from all financial loss, damage or harm.
| 9 | | Alcoholic liquors may be delivered to and sold at retail in | 10 | | the Chicago
Civic Center, provided that:
| 11 | | (i) the written consent of the Public Building | 12 | | Commission which
administers the Chicago Civic Center is | 13 | | filed with the Commission;
| 14 | | (ii) the alcoholic liquor is sold or dispensed only in | 15 | | connection with
organized functions held on special | 16 | | occasions;
| 17 | | (iii) the organized function is one for which the | 18 | | planned attendance is
25 or more persons;
| 19 | | (iv) the facility selling or dispensing the alcoholic | 20 | | liquors has
provided dram shop liability insurance in | 21 | | maximum limits so as to hold
harmless the Civic Center, the | 22 | | City of Chicago and the State from all
financial loss, | 23 | | damage or harm; and
| 24 | | (v) all applicable local ordinances are complied with.
| 25 | | Alcoholic liquors may be delivered or sold in any building | 26 | | belonging to
or under the control of any city, village or |
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| 1 | | incorporated town where more
than 75% of the physical | 2 | | properties of the building is used for commercial
or | 3 | | recreational purposes, and the building is located upon a pier | 4 | | extending
into or over the waters of a navigable lake or stream | 5 | | or on the shore of a
navigable lake or stream.
In accordance | 6 | | with a license issued under this Act, alcoholic liquor may be | 7 | | sold, served, or delivered in buildings and facilities under
| 8 | | the control
of the Department of Natural Resources during | 9 | | events or activities lasting no more than 7 continuous days | 10 | | upon the written approval of the
Director of
Natural Resources | 11 | | acting as the controlling government authority. The Director
of
| 12 | | Natural Resources may specify conditions on that approval, | 13 | | including but not
limited to
requirements for insurance and | 14 | | hours of operation.
Notwithstanding any other provision of this | 15 | | Act, alcoholic liquor sold by a
United States Army Corps of | 16 | | Engineers or Department of Natural
Resources
concessionaire | 17 | | who was operating on June 1, 1991 for on-premises consumption
| 18 | | only is not subject to the provisions of Articles IV and IX. | 19 | | Beer and wine
may be sold on the premises of the Joliet Park | 20 | | District Stadium owned by
the Joliet Park District when written | 21 | | consent to the issuance of a license
to sell beer and wine in | 22 | | such premises is filed with the local liquor
commissioner by | 23 | | the Joliet Park District. Beer and wine may be sold in
| 24 | | buildings on the grounds of State veterans' homes when written | 25 | | consent to
the issuance of a license to sell beer and wine in | 26 | | such buildings is filed
with the Commission by the Department |
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| 1 | | of Veterans' Affairs, and the
facility shall provide dram shop | 2 | | liability in maximum insurance coverage
limits so as to save | 3 | | the facility harmless from all financial loss, damage
or harm. | 4 | | Such liquors may be delivered to and sold at any property owned | 5 | | or
held under lease by a Metropolitan Pier and Exposition | 6 | | Authority or
Metropolitan Exposition and Auditorium Authority.
| 7 | | Beer and wine may be sold and dispensed at professional | 8 | | sporting events
and at professional concerts and other | 9 | | entertainment events conducted on
premises owned by the Forest | 10 | | Preserve District of Kane County, subject to
the control of the | 11 | | District Commissioners and applicable local law,
provided that | 12 | | dram shop liability insurance is provided at maximum coverage
| 13 | | limits so as to hold the District harmless from all financial | 14 | | loss, damage
and harm.
| 15 | | Nothing in this Section shall preclude the sale or delivery | 16 | | of beer and
wine at a State or county fair or the sale or | 17 | | delivery of beer or wine at a
city fair in any otherwise lawful | 18 | | manner.
| 19 | | Alcoholic liquors may be sold at retail in buildings in | 20 | | State parks
under the control of the Department of Natural | 21 | | Resources,
provided:
| 22 | | a. the State park has overnight lodging facilities with | 23 | | some
restaurant facilities or, not having overnight | 24 | | lodging facilities, has
restaurant facilities which serve | 25 | | complete luncheon and dinner or
supper meals,
| 26 | | b. (blank), and
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| 1 | | c. the alcoholic liquors are sold by the State park | 2 | | lodge or
restaurant concessionaire only during the hours | 3 | | from 11 o'clock a.m. until
12 o'clock midnight. | 4 | | Notwithstanding any other provision of this Act,
alcoholic | 5 | | liquor sold by the State park or restaurant concessionaire | 6 | | is not
subject to the provisions of Articles IV and IX.
| 7 | | Alcoholic liquors may be sold at retail in buildings on | 8 | | properties
under the control of the Historic Sites and | 9 | | Preservation Division of the
Historic Preservation
Agency or | 10 | | the Abraham Lincoln Presidential Library and Museum provided:
| 11 | | a. the property has overnight lodging facilities with | 12 | | some restaurant
facilities or, not having overnight | 13 | | lodging facilities, has restaurant
facilities which serve | 14 | | complete luncheon and dinner or supper meals,
| 15 | | b. consent to the issuance of a license to sell | 16 | | alcoholic liquors in
the buildings has been filed with the | 17 | | commission by the Historic Sites and
Preservation Division
| 18 | | of the Historic
Preservation Agency or the Abraham Lincoln | 19 | | Presidential Library and Museum,
and
| 20 | | c. the alcoholic liquors are sold by the lodge or | 21 | | restaurant
concessionaire only during the hours from 11 | 22 | | o'clock a.m. until 12 o'clock
midnight.
| 23 | | The sale of alcoholic liquors pursuant to this Section does | 24 | | not
authorize the establishment and operation of facilities | 25 | | commonly called
taverns, saloons, bars, cocktail lounges, and | 26 | | the like except as a part
of lodge and restaurant facilities in |
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| 1 | | State parks or golf courses owned
by Forest Preserve Districts | 2 | | with a population of less than 3,000,000 or
municipalities or | 3 | | park districts.
| 4 | | Alcoholic liquors may be sold at retail in the Springfield
| 5 | | Administration Building of the Department of Transportation | 6 | | and the
Illinois State Armory in Springfield; provided, that | 7 | | the controlling
government authority may consent to such sales | 8 | | only if
| 9 | | a. the request is from a not-for-profit organization;
| 10 | | b. such sales would not impede normal operations of the | 11 | | departments
involved;
| 12 | | c. the not-for-profit organization provides dram shop | 13 | | liability in
maximum insurance coverage limits and agrees | 14 | | to defend, save harmless
and indemnify the State of | 15 | | Illinois from all financial loss, damage or harm;
| 16 | | d. no such sale shall be made during normal working | 17 | | hours of the
State of Illinois; and
| 18 | | e. the consent is in writing.
| 19 | | Alcoholic liquors may be sold at retail in buildings in | 20 | | recreational
areas of river conservancy districts under the | 21 | | control of, or leased
from, the river conservancy districts. | 22 | | Such sales are subject to
reasonable local regulations as | 23 | | provided in Article IV; however, no such
regulations may | 24 | | prohibit or substantially impair the sale of alcoholic
liquors | 25 | | on Sundays or Holidays.
| 26 | | Alcoholic liquors may be provided in long term care |
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| 1 | | facilities owned or
operated by a county under Division 5-21 or | 2 | | 5-22 of the Counties Code,
when approved by the facility | 3 | | operator and not in conflict
with the regulations of the | 4 | | Illinois Department of Public Health, to
residents of the | 5 | | facility who have had their consumption of the alcoholic
| 6 | | liquors provided approved in writing by a physician licensed to | 7 | | practice
medicine in all its branches.
| 8 | | Alcoholic liquors may be delivered to and dispensed in | 9 | | State housing
assigned to employees of the Department of | 10 | | Corrections.
No person shall furnish or allow to be furnished | 11 | | any alcoholic
liquors to any prisoner confined in any jail, | 12 | | reformatory, prison or house
of correction except upon a | 13 | | physician's prescription for medicinal purposes.
| 14 | | Alcoholic liquors may be sold at retail or dispensed at the | 15 | | Willard Ice
Building in Springfield, at the State Library in | 16 | | Springfield, and at
Illinois State Museum facilities by (1) an
| 17 | | agency of the State, whether legislative, judicial or | 18 | | executive, provided
that such agency first obtains written | 19 | | permission to sell or dispense
alcoholic liquors from the | 20 | | controlling government authority, or by (2) a
not-for-profit | 21 | | organization, provided that such organization:
| 22 | | a. Obtains written consent from the controlling | 23 | | government authority;
| 24 | | b. Sells or dispenses the alcoholic liquors in a manner | 25 | | that does not
impair normal operations of State offices | 26 | | located in the building;
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| 1 | | c. Sells or dispenses alcoholic liquors only in | 2 | | connection with an
official activity in the building;
| 3 | | d. Provides, or its catering service provides, dram | 4 | | shop liability
insurance in maximum coverage limits and in | 5 | | which the carrier agrees to
defend, save harmless and | 6 | | indemnify the State of Illinois from all
financial loss, | 7 | | damage or harm arising out of the selling or dispensing of
| 8 | | alcoholic liquors.
| 9 | | Nothing in this Act shall prevent a not-for-profit | 10 | | organization or agency
of the State from employing the services | 11 | | of a catering establishment for
the selling or dispensing of | 12 | | alcoholic liquors at authorized functions.
| 13 | | The controlling government authority for the Willard Ice | 14 | | Building in
Springfield shall be the Director of the Department | 15 | | of Revenue. The
controlling government authority for Illinois | 16 | | State Museum facilities shall
be the Director of the Illinois | 17 | | State Museum. The controlling government
authority for the | 18 | | State Library in Springfield shall be the Secretary of State.
| 19 | | Alcoholic liquors may be delivered to and sold at retail or | 20 | | dispensed
at any facility, property or building under the | 21 | | jurisdiction of the
Historic Sites and Preservation Division of | 22 | | the
Historic Preservation Agency
or the Abraham
Lincoln | 23 | | Presidential Library and Museum
where the delivery, sale or
| 24 | | dispensing is by (1)
an agency of the State, whether | 25 | | legislative, judicial or executive,
provided that such agency | 26 | | first obtains written permission to sell or
dispense alcoholic |
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| 1 | | liquors from a controlling government authority, or by (2) an | 2 | | individual or organization provided that such individual or | 3 | | organization:
| 4 | | a. Obtains written consent from the controlling | 5 | | government authority;
| 6 | | b. Sells or dispenses the alcoholic liquors in a manner | 7 | | that does not
impair normal workings of State offices or | 8 | | operations located at the
facility, property or building;
| 9 | | c. Sells or dispenses alcoholic liquors only in | 10 | | connection with an
official activity of the individual or | 11 | | organization in the facility,
property or building;
| 12 | | d. Provides, or its catering service provides, dram | 13 | | shop liability
insurance in maximum coverage limits and in | 14 | | which the carrier agrees to
defend, save harmless and | 15 | | indemnify the State of Illinois from all
financial loss, | 16 | | damage or harm arising out of the selling or dispensing of
| 17 | | alcoholic liquors.
| 18 | | The controlling government authority for the
Historic | 19 | | Sites and Preservation Division of the
Historic Preservation | 20 | | Agency
shall be the Executive Director of the Historic Sites | 21 | | and Preservation Agency , and the
controlling
government | 22 | | authority for the Abraham Lincoln Presidential Library and | 23 | | Museum
shall be the Executive Director of the Abraham Lincoln | 24 | | Presidential Library and Museum.
| 25 | | Alcoholic liquors may be delivered to and sold at retail or | 26 | | dispensed for
consumption at the Michael Bilandic Building at |
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| 1 | | 160 North LaSalle Street,
Chicago IL 60601, after the normal | 2 | | business hours of any day care or child care
facility located | 3 | | in the building, by (1) a commercial tenant or subtenant
| 4 | | conducting business on the premises under a lease made pursuant | 5 | | to Section
405-315 of the Department of Central Management | 6 | | Services Law (20 ILCS
405/405-315), provided that such tenant | 7 | | or subtenant who accepts delivery of,
sells, or dispenses | 8 | | alcoholic liquors shall procure and maintain dram shop
| 9 | | liability insurance in maximum coverage limits and in which the | 10 | | carrier
agrees to defend, indemnify, and save harmless the | 11 | | State of Illinois from
all financial loss, damage, or harm | 12 | | arising out of the delivery, sale, or
dispensing of alcoholic | 13 | | liquors, or by (2) an agency of the State, whether
legislative, | 14 | | judicial, or executive, provided that such agency first obtains
| 15 | | written permission to accept delivery of and sell or dispense | 16 | | alcoholic liquors
from the Director of Central Management | 17 | | Services, or by (3) a not-for-profit
organization, provided | 18 | | that such organization:
| 19 | | a. obtains written consent from the Department of | 20 | | Central Management
Services;
| 21 | | b. accepts delivery of and sells or dispenses the | 22 | | alcoholic liquors in a
manner that does not impair normal | 23 | | operations of State offices located in the
building;
| 24 | | c. accepts delivery of and sells or dispenses alcoholic | 25 | | liquors only in
connection with an official activity in the | 26 | | building; and
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| 1 | | d. provides, or its catering service provides, dram | 2 | | shop liability
insurance in maximum coverage limits and in | 3 | | which the carrier agrees to
defend, save harmless, and | 4 | | indemnify the State of Illinois from all
financial loss, | 5 | | damage, or harm arising out of the selling or dispensing of
| 6 | | alcoholic liquors.
| 7 | | Nothing in this Act shall prevent a not-for-profit | 8 | | organization or agency
of the State from employing the services | 9 | | of a catering establishment for
the selling or dispensing of | 10 | | alcoholic liquors at functions authorized by
the Director of | 11 | | Central Management Services.
| 12 | | Alcoholic liquors may be sold at retail or dispensed at the | 13 | | James R.
Thompson Center in Chicago, subject to the provisions | 14 | | of Section 7.4 of the
State Property Control Act, and 222 South | 15 | | College Street in Springfield,
Illinois by (1) a commercial | 16 | | tenant or subtenant conducting business on the
premises under a | 17 | | lease or sublease made pursuant to Section 405-315 of the
| 18 | | Department of Central Management Services Law (20 ILCS | 19 | | 405/405-315), provided
that such tenant or subtenant who
sells | 20 | | or dispenses alcoholic liquors shall procure and maintain dram | 21 | | shop
liability insurance in maximum coverage limits and in | 22 | | which the carrier
agrees to defend, indemnify and save harmless | 23 | | the State of Illinois from
all financial loss, damage or harm | 24 | | arising out of the sale or dispensing of
alcoholic liquors, or | 25 | | by (2) an agency of the State, whether legislative,
judicial or | 26 | | executive, provided that such agency first obtains written
|
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| 1 | | permission to sell or dispense alcoholic liquors from the | 2 | | Director of
Central Management Services, or by (3) a | 3 | | not-for-profit organization,
provided that such organization:
| 4 | | a. Obtains written consent from the Department of | 5 | | Central Management
Services;
| 6 | | b. Sells or dispenses the alcoholic liquors in a manner | 7 | | that does not
impair normal operations of State offices | 8 | | located in the building;
| 9 | | c. Sells or dispenses alcoholic liquors only in | 10 | | connection with an
official activity in the building;
| 11 | | d. Provides, or its catering service provides, dram | 12 | | shop liability
insurance in maximum coverage limits and in | 13 | | which the carrier agrees to
defend, save harmless and | 14 | | indemnify the State of Illinois from all
financial loss, | 15 | | damage or harm arising out of the selling or dispensing of
| 16 | | alcoholic liquors.
| 17 | | Nothing in this Act shall prevent a not-for-profit | 18 | | organization or agency
of the State from employing the services | 19 | | of a catering establishment for
the selling or dispensing of | 20 | | alcoholic liquors at functions authorized by
the Director of | 21 | | Central Management Services.
| 22 | | Alcoholic liquors may be sold or delivered at any facility | 23 | | owned by the
Illinois Sports Facilities Authority provided that | 24 | | dram shop liability
insurance has been made available in a | 25 | | form, with such coverage and in such
amounts as the Authority | 26 | | reasonably determines is necessary.
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| 1 | | Alcoholic liquors may be sold at retail or dispensed at the | 2 | | Rockford
State Office Building by (1) an agency of the State, | 3 | | whether legislative,
judicial or executive, provided that such | 4 | | agency first obtains written
permission to sell or dispense | 5 | | alcoholic liquors from the Department of
Central Management | 6 | | Services, or by (2) a not-for-profit organization,
provided | 7 | | that such organization:
| 8 | | a. Obtains written consent from the Department of | 9 | | Central Management
Services;
| 10 | | b. Sells or dispenses the alcoholic liquors in a manner | 11 | | that does not
impair normal operations of State offices | 12 | | located in the building;
| 13 | | c. Sells or dispenses alcoholic liquors only in | 14 | | connection with an
official activity in the building;
| 15 | | d. Provides, or its catering service provides, dram | 16 | | shop liability
insurance in maximum coverage limits and in | 17 | | which the carrier agrees to defend,
save harmless and | 18 | | indemnify the State of Illinois from all financial loss,
| 19 | | damage or harm arising out of the selling or dispensing of | 20 | | alcoholic liquors.
| 21 | | Nothing in this Act shall prevent a not-for-profit | 22 | | organization or agency
of the State from employing the services | 23 | | of a catering establishment for
the selling or dispensing of | 24 | | alcoholic liquors at functions authorized by
the Department of | 25 | | Central Management Services.
| 26 | | Alcoholic liquors may be sold or delivered in a building |
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| 1 | | that is owned
by McLean County, situated on land owned by the | 2 | | county in the City of
Bloomington, and used by the McLean | 3 | | County Historical Society if the sale
or delivery is approved | 4 | | by an ordinance adopted by the county board, and
the | 5 | | municipality in which the building is located may not prohibit | 6 | | that
sale or delivery, notwithstanding any other provision of | 7 | | this Section. The
regulation of the sale and delivery of | 8 | | alcoholic liquor in a building that
is owned by McLean County, | 9 | | situated on land owned by the county, and used
by the McLean | 10 | | County Historical Society as provided in this paragraph is an
| 11 | | exclusive power and function of the State and is a denial and | 12 | | limitation
under Article VII, Section 6, subsection (h) of the | 13 | | Illinois Constitution
of the power of a home rule municipality | 14 | | to regulate that sale and delivery.
| 15 | | Alcoholic liquors may be sold or delivered in any building | 16 | | situated on
land held in trust for any school district | 17 | | organized under Article 34 of
the School Code, if the building | 18 | | is not used for school purposes and if the
sale or delivery is | 19 | | approved by the board of education.
| 20 | | Alcoholic liquors may be delivered to and sold at retail in | 21 | | any building owned by the Six Mile Regional Library District, | 22 | | provided that the delivery and sale is approved by the board of | 23 | | trustees of the Six Mile Regional Library District and the | 24 | | delivery and sale is limited to a maximum of 6 library district | 25 | | events per year. The Six Mile Regional Library District shall | 26 | | provide dram shop liability in maximum insurance coverage |
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| 1 | | limits so as to save harmless the library district from all | 2 | | financial loss, damage, or harm. | 3 | | Alcoholic liquors may be sold or delivered in buildings | 4 | | owned
by the Community Building Complex Committee of Boone | 5 | | County,
Illinois if the person or facility selling or | 6 | | dispensing the
alcoholic liquor has provided dram shop | 7 | | liability insurance with coverage and
in amounts that the | 8 | | Committee reasonably determines are necessary.
| 9 | | Alcoholic liquors may be sold or delivered in the building | 10 | | located at
1200 Centerville Avenue in Belleville, Illinois and | 11 | | occupied by either the
Belleville Area Special Education | 12 | | District or the Belleville Area Special
Services
Cooperative. | 13 | | Alcoholic liquors may be delivered to and sold at the Louis | 14 | | Joliet
Renaissance Center, City Center Campus, located at 214 | 15 | | N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts | 16 | | Department facilities, Main Campus, located at
1215 Houbolt | 17 | | Road, Joliet, owned by or under the control of Joliet Junior
| 18 | | College,
Illinois Community College District No. 525.
| 19 | | Alcoholic liquors may be delivered to and sold at Triton | 20 | | College, Illinois Community College District No. 504. | 21 | | Alcoholic liquors may be delivered to and sold at the | 22 | | College of DuPage, Illinois Community College District No. 502. | 23 | | Alcoholic liquors may be delivered to and sold at the | 24 | | building located at 446 East Hickory Avenue in Apple River, | 25 | | Illinois, owned by the Apple River Fire Protection District, | 26 | | and occupied by the Apple River Community Association if the |
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| 1 | | alcoholic liquor is sold or dispensed only in connection with | 2 | | organized functions approved by the Apple River Community | 3 | | Association for which the planned attendance is 20 or more | 4 | | persons and if the person or facility selling or dispensing the | 5 | | alcoholic liquor has provided dram shop liability insurance in | 6 | | maximum limits so as to hold harmless the Apple River Fire | 7 | | Protection District, the Village of Apple River, and the Apple | 8 | | River Community Association from all financial loss, damage, | 9 | | and harm. | 10 | | Alcoholic liquors may be delivered to and sold at the Sikia | 11 | | Restaurant, Kennedy King College Campus, located at 740 West | 12 | | 63rd Street, Chicago, and at the Food Services in the Great | 13 | | Hall/Washburne Culinary Institute Department facility, Kennedy | 14 | | King College Campus, located at 740 West 63rd Street, Chicago, | 15 | | owned by or under the control of City Colleges of Chicago, | 16 | | Illinois Community College District No. 508.
| 17 | | (Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51, | 18 | | eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11; | 19 | | 97-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff. | 20 | | 3-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; 98-692, eff. | 21 | | 7-1-14; 98-756, eff. 7-16-14; 98-1092, eff. 8-26-14; revised | 22 | | 10-3-14.) | 23 | | (20 ILCS 801/1-25 rep.) | 24 | | (20 ILCS 801/20-5 rep.) | 25 | | (20 ILCS 801/20-10 rep.) |
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| 1 | | (20 ILCS 801/20-15 rep.) | 2 | | (20 ILCS 801/20-20 rep.) | 3 | | Section 2-40. The Department of Natural Resources Act is | 4 | | amended by repealing Sections 1-25, 20-5, 20-10, 20-15, and | 5 | | 20-20. | 6 | | (20 ILCS 3405/17 rep.) | 7 | | (20 ILCS 3405/30 rep.) | 8 | | (20 ILCS 3405/31 rep.) | 9 | | (20 ILCS 3405/32 rep.) | 10 | | (20 ILCS 3405/33 rep.) | 11 | | Section 2-45. The Historic Preservation Agency Act is | 12 | | amended by repealing Sections 17, 30, 31, 32, and 33. | 13 | | (20 ILCS 3425/4 rep.) | 14 | | Section 2-50. The State Historical Library Act is amended | 15 | | by repealing Section 4. | 16 | | Article III.
| 17 | | Section 3-99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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