State of Illinois
91st General Assembly

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HB1328 Engrossed                               LRB9103288MWtm

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

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.   The  Historic  Preservation  Agency  Act  is
 6    amended by changing Section 16 as follows:

 7        (20 ILCS 3405/16) (from Ch. 127, par. 2716)
 8        Sec.  16.  The Agency shall have the following additional
 9    powers:
10        (a)  To hire agents and employees necessary to carry  out
11    the duties and purposes of the Agency.
12        (b)  To  take  all measures necessary to erect, maintain,
13    preserve, restore, and conserve all State Historic Sites  and
14    State  Memorials,  except when supervision and maintenance is
15    otherwise provided by law.  This authorization  includes  the
16    power  to  enter  into contracts, acquire and dispose of real
17    and personal property, and enter  into  leases  of  real  and
18    personal property.
19        (c)  To  provide  recreational  facilities including camp
20    sites, lodges and cabins, trails, picnic  areas  and  related
21    recreational  facilities  at all sites under the jurisdiction
22    of the Agency.
23        (d)  To lay  out,  construct  and  maintain  all  needful
24    roads, parking areas, paths or trails, bridges, camp or lodge
25    sites,  picnic  areas,  lodges  and  cabins,  and  any  other
26    structures  and improvements necessary and appropriate in any
27    State historic site or easement thereto; and to provide water
28    supplies, heat and light, and  sanitary  facilities  for  the
29    public  and living quarters for the custodians and keepers of
30    State historic sites.
31        (e)  To grant licenses and rights-of-way within the areas
HB1328 Engrossed            -2-                LRB9103288MWtm
 1    controlled by the Agency for the construction, operation  and
 2    maintenance upon, under or across the property, of facilities
 3    for  water,  sewage,  telephone, telegraph, electric, gas, or
 4    other public service, subject to the terms and conditions  as
 5    may be determined by the Agency.
 6        (f)  To  authorize  the officers, employees and agents of
 7    the Agency, for the purposes of investigation and to exercise
 8    the rights, powers, and duties vested and that may be  vested
 9    in it, to enter and cross all lands and waters in this State,
10    doing no damage to private property.
11        (g)  To  transfer  jurisdiction of or exchange any realty
12    under the control of the Agency to any  other  Department  of
13    the  State  Government,  or  to  any  agency  of  the Federal
14    Government, or to acquire or accept Federal lands,  when  any
15    transfer, exchange, acquisition or acceptance is advantageous
16    to the State and is approved in writing by the Governor.
17        (h)  To   erect,   supervise,  and  maintain  all  public
18    monuments and memorials erected by the State, except when the
19    supervision and maintenance of public monuments and memorials
20    is otherwise provided by law.
21        (i)  To  accept,  hold,  maintain,  and  administer,   as
22    trustee,  property given in trust for educational or historic
23    purposes for the benefit  of  the  People  of  the  State  of
24    Illinois  and  to  dispose of any property under the terms of
25    the instrument creating the trust.
26        (j)  To lease  concessions  on  any  property  under  the
27    jurisdiction  of  the  Agency  for  a period not exceeding 25
28    years and to lease a  concession  complex  at  Lincoln's  New
29    Salem State Historic Site for which a cash incentive has been
30    authorized  under  Section  5.1  of the Historic Preservation
31    Agency Act for a period not to exceed 40 years.  All  leases,
32    for  whatever  period,  shall  be made subject to the written
33    approval of the Governor.  All  concession  leases  extending
34    for  a  period in excess of 10 years, will contain provisions
HB1328 Engrossed            -3-                LRB9103288MWtm
 1    for the Agency to participate, on a percentage basis, in  the
 2    revenues generated by any concession operation.
 3        (k)  To  sell surplus agricultural products grown on land
 4    owned by or under the jurisdiction of the  Agency,  when  the
 5    products cannot be used by the Agency.
 6        (l)  To  enforce  the laws of the State and the rules and
 7    regulations of the Agency in or on any lands  owned,  leased,
 8    or managed by the Agency.
 9        (m)  To cooperate with private organizations and agencies
10    of  the  State  of Illinois by providing areas and the use of
11    staff personnel where feasible for the sale  of  publications
12    on  the historic and cultural heritage of the State and craft
13    items made by Illinois  craftsmen.   These  sales  shall  not
14    conflict  with existing concession agreements.  The Agency is
15    authorized to negotiate with the organizations  and  agencies
16    for  a  portion  of  the  monies  received  from  sales to be
17    returned  to  the  Agency's  Historic  Sites  Fund  for   the
18    furtherance of interpretive and restoration programs.
19        (n)  To   establish   local  bank  or  savings  and  loan
20    association accounts, upon the written authorization  of  the
21    Director,  to  temporarily hold income received at any of its
22    properties. The local accounts established under this Section
23    shall be in the name of the Historic Preservation Agency  and
24    shall  be  subject to regular audits.  The balance in a local
25    bank  or  savings  and  loan  association  account  shall  be
26    forwarded to the Agency for deposit with the State  Treasurer
27    on  Monday  of  each  week if the amount to be deposited in a
28    fund exceeds $500.
29        No bank or savings and  loan  association  shall  receive
30    public  funds  as  permitted  by  this Section, unless it has
31    complied with the requirements established under Section 6 of
32    the Public Funds Investment Act.
33        (o)  To accept offers of  gifts,  gratuities,  or  grants
34    from  the  federal  government,  its agencies, or offices, or
HB1328 Engrossed            -4-                LRB9103288MWtm
 1    from any person, firm, or corporation.
 2        (p)  To make reasonable rules and regulations as  may  be
 3    necessary to discharge the duties of the Agency.
 4        (q)  With  appropriate cultural organizations, to further
 5    and advance the goals of the Agency.
 6        (r)  To make grants for the purposes of planning, survey,
 7     rehabilitation,  restoration,  reconstruction,  landscaping,
 8    and   acquisition   of  Illinois  properties  (i)  designated
 9    individually in listed on the National Register  of  Historic
10    Places  (ii)  designated  as  a  landmark  under  a county or
11    municipal landmark  ordinance,  or  (iii)  located  within  a
12    National  Register  of Historic Places historic district or a
13    locally  designated  historic  district  when  the   Director
14    determines  that  the  property  is  of historic significance
15    whenever an appropriation is made  therefor  by  the  General
16    Assembly  or  whenever  gifts or grants are received for that
17    purpose and to promulgate regulations as may be necessary  or
18    desirable to carry out the purposes of the grants.
19        Grantees  may,  as  prescribed  by  rule,  be required to
20    provide matching funds for each  grant.   Grants  made  under
21    this subsection shall be known as Illinois Heritage Grants.
22        Every owner of a historic property, or the owner's agent,
23    is eligible to apply for a grant under this subsection.
24        (s)  To  establish  and  implement  a  pilot  program for
25    charging admission to State  historic  sites.   Fees  may  be
26    charged  for  special  events, admissions, and parking or any
27    combination; fees may be charged at  all  sites  or  selected
28    sites. All fees shall be deposited into the Illinois Historic
29    Sites  Fund.  The Agency shall have the discretion to set and
30    adjust reasonable fees at  the  various  sites,  taking  into
31    consideration  various  factors including but not limited to:
32    cost of services furnished to each visitor, impact of fees on
33    attendance and tourism and the costs expended collecting  the
34    fees.   The  Agency  shall keep careful records of the income
HB1328 Engrossed            -5-                LRB9103288MWtm
 1    and expenses resulting from the  imposition  of  fees,  shall
 2    keep  records as to the attendance at each historic site, and
 3    shall report to the Governor and General Assembly by  January
 4    31  after  the  close of each year.  The report shall include
 5    information  on  costs,  expenses,  attendance,  comments  by
 6    visitors, and any other information the  Agency  may  believe
 7    pertinent, including:
 8             (1)  Recommendations  as  to  whether fees should be
 9        continued at each State historic site.
10             (2)  How the fees should be structured and imposed.
11             (3)  Estimates of revenues and  expenses  associated
12        with each site.
13        In  the final report to be filed by January 31, 1996, the
14    Agency shall  include  recommendations  as  to  whether  fees
15    should  be  charged at State historic sites and if so how the
16    fees should  be  structured  and  imposed  and  estimates  of
17    revenues and expenses associated with any recommended fees.
18        (t)  To  provide for overnight tent and trailer campsites
19    and to provide suitable housing facilities  for  student  and
20    juvenile  overnight  camping groups.  The Agency shall charge
21    the same rates charged by the Department of Conservation  for
22    the same or similar facilities and services.
23        (u)  To   engage  in  marketing  activities  designed  to
24    promote the sites and programs administered  by  the  Agency.
25    In  undertaking  these  activities,  the  Agency may take all
26    necessary  steps  with  respect  to  products  and  services,
27    including but not limited to retail sales,  wholesale  sales,
28    direct   marketing,   mail   order  sales,  telephone  sales,
29    advertising and promotion, purchase of product and  materials
30    inventory,   design,   printing   and  manufacturing  of  new
31    products,  reproductions,  and  adaptations,  copyright   and
32    trademark  licensing  and  royalty agreements, and payment of
33    applicable taxes.  In addition, the  Agency  shall  have  the
34    authority to sell advertising in its publications and printed
HB1328 Engrossed            -6-                LRB9103288MWtm
 1    materials.   All  income  from  marketing activities shall be
 2    deposited into the Illinois Historic Sites Fund.
 3    (Source: P.A. 88-91; 89-668, eff. 8-14-96.)

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