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| Public Act 095-0140 |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Historic Preservation Agency Act is amended | ||||
by changing Section 16 as follows:
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(20 ILCS 3405/16) (from Ch. 127, par. 2716)
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Sec. 16. The Historic Sites and Preservation Division of | ||||
the Agency
shall have the following
additional powers:
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(a) To hire agents and employees necessary to carry out the | ||||
duties and
purposes of the Historic Sites and Preservation | ||||
Division of the Agency.
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(b) To take all measures necessary to erect, maintain, | ||||
preserve, restore,
and conserve all State Historic Sites and | ||||
State Memorials, except when
supervision and maintenance is | ||||
otherwise provided by law. This
authorization includes the | ||||
power, with the consent of the Board, to enter
into contracts, | ||||
acquire and
dispose of real and personal property, and enter | ||||
into leases of real and
personal property. The Agency has the | ||||
power to acquire, for purposes authorized by law, any real | ||||
property in fee simple subject to a life estate in the seller | ||||
in not more than 3 acres of the real property acquired, subject | ||||
to the restrictions that the life estate shall be used for | ||||
residential purposes only and that it shall be | ||||
non-transferable.
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(c) To provide recreational facilities including camp | ||
sites, lodges and
cabins, trails, picnic areas and related | ||
recreational facilities at all
sites under the jurisdiction of | ||
the Agency.
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(d) To lay out, construct and maintain all needful roads, | ||
parking areas,
paths or trails, bridges, camp or lodge sites, | ||
picnic areas, lodges and
cabins, and any other structures and | ||
improvements necessary and appropriate
in any State historic | ||
site or easement thereto; and to provide water
supplies, heat | ||
and light, and sanitary facilities for the public and living
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quarters for the custodians and keepers of State historic | ||
sites.
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(e) To grant licenses and rights-of-way within the areas | ||
controlled
by the Historic Sites and Preservation Division of | ||
the Agency for the
construction, operation
and maintenance | ||
upon,
under or across the property, of facilities for water, | ||
sewage, telephone,
telegraph, electric, gas, or other public | ||
service, subject to the terms and
conditions as may be | ||
determined by the Agency.
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(f) To authorize the officers, employees and agents of the | ||
Historic Sites
and Preservation
Division of the Agency,
for the | ||
purposes of investigation and to exercise the rights,
powers, | ||
and duties vested and that may be vested in it, to enter and | ||
cross
all lands and waters in this State, doing no damage to | ||
private property.
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(g) To transfer jurisdiction of or exchange any realty | ||
under the
control of the Historic Sites and Preservation | ||
Division of the Agency to
any other Department of
the State | ||
Government,
or to any agency of the Federal Government, or to | ||
acquire or accept Federal
lands, when any transfer, exchange, | ||
acquisition or acceptance is
advantageous to the State and is | ||
approved in writing by the Governor.
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(h) To erect, supervise, and maintain all public monuments | ||
and memorials
erected by the State, except when the supervision | ||
and maintenance of
public monuments and memorials is otherwise | ||
provided by law.
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(i) To accept, hold, maintain, and administer, as trustee, | ||
property given
in trust for educational or historic purposes | ||
for the benefit of the People
of the State of Illinois and to | ||
dispose, with the consent of the Board, of
any property under | ||
the terms of the
instrument creating the trust.
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(j) To lease concessions on any property under the | ||
jurisdiction of the
Agency for a period not exceeding 25 years | ||
and to lease a concession
complex at Lincoln's New Salem State | ||
Historic Site for which a cash
incentive has been authorized | ||
under Section 5.1 of the Historic
Preservation Agency Act for a | ||
period not to exceed 40 years. All
leases, for whatever period, | ||
shall be made subject to the written approval
of the Governor. | ||
All concession leases extending for a period in excess of
10 | ||
years, will contain provisions for the Agency to participate, | ||
on a
percentage basis, in the revenues generated by any | ||
concession operation.
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The Agency is authorized to allow for provisions for a | ||
reserve account and a leasehold account within Agency | ||
concession lease agreements for the purpose of setting aside | ||
revenues for the maintenance, rehabilitation, repair, | ||
improvement, and replacement of the concession facility, | ||
structure, and equipment of the Agency that are part of the | ||
leased premises. | ||
The lessee shall be required to pay into the reserve | ||
account a percentage of gross receipts, as set forth in the | ||
lease, to be set aside and expended in a manner acceptable to | ||
the Agency by the concession lessee for the purpose of ensuring | ||
that an appropriate amount of the lessee's moneys are provided | ||
by the lessee to satisfy the lessee's incurred responsibilities | ||
for the operation of the concession facility under the terms | ||
and conditions of the concession lease. | ||
The lessee account shall allow for the amortization of | ||
certain authorized expenses that are incurred by the concession | ||
lessee but that are not an obligation of the lessee under the | ||
terms and conditions of the lease agreement. The Agency may | ||
allow a reduction of up to 50% of the monthly rent due for the | ||
purpose of enabling the recoupment of the lessee's authorized | ||
expenditures during the term of the lease.
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(k) To sell surplus agricultural products grown on land | ||
owned by or
under the jurisdiction of the Historic Sites and | ||
Preservation Division of
the Agency, when the
products cannot | ||
be used
by the Agency.
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(l) To enforce the laws of the State and the rules and | ||
regulations of the
Agency in or on any lands owned, leased, or | ||
managed by the Historic Sites and
Preservation
Division of the | ||
Agency.
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(m) To cooperate with private organizations and agencies of | ||
the
State of Illinois by providing areas and the use of staff | ||
personnel
where feasible for the sale of publications on the | ||
historic and cultural
heritage of the State and craft items | ||
made by Illinois craftsmen. These
sales shall not conflict with | ||
existing concession agreements. The
Historic Sites and | ||
Preservation Division of the Agency is authorized to
negotiate | ||
with the
organizations and
agencies for a portion of the monies | ||
received from sales to be returned
to the Historic Sites and | ||
Preservation Division of the Agency's Historic
Sites Fund
for | ||
the
furtherance of interpretive
and restoration programs.
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(n) To establish local bank or savings and loan association
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accounts, upon the written authorization of the Director, to | ||
temporarily
hold income received at any of its properties. The | ||
local accounts
established under this Section shall be in the | ||
name of the Historic
Preservation Agency and shall be subject | ||
to regular audits. The balance in
a local bank or savings and | ||
loan association account shall be forwarded to
the Agency for | ||
deposit with the State Treasurer on Monday of each week if
the | ||
amount to be deposited in a fund exceeds $500.
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No bank or savings and loan association shall receive | ||
public funds as
permitted by this Section, unless it has | ||
complied with the requirements
established under Section 6 of | ||
the Public Funds Investment Act.
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(o) To accept, with the consent of the Board, offers of | ||
gifts,
gratuities, or grants from the federal
government, its | ||
agencies, or offices, or from any person, firm, or
corporation.
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(p) To make reasonable rules and regulations as may be | ||
necessary to
discharge the duties of the Agency.
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(q) With appropriate cultural organizations, to further | ||
and advance the
goals of the Agency.
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(r) To make grants for the purposes of planning, survey, | ||
rehabilitation,
restoration, reconstruction, landscaping, and | ||
acquisition of Illinois
properties (i) designated individually | ||
in the National
Register of Historic Places, (ii) designated as | ||
a landmark under a county or
municipal landmark ordinance, or | ||
(iii) located within a National Register of
Historic Places | ||
historic district or a locally designated historic district
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when the Director determines that the property is of historic | ||
significance
whenever an
appropriation is made therefor by the | ||
General Assembly or whenever gifts or
grants are received for | ||
that purpose and to promulgate
regulations as may be necessary | ||
or desirable to carry out the purposes
of the grants.
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Grantees may, as prescribed by rule, be required to provide | ||
matching funds
for each grant. Grants made under this | ||
subsection shall be known as Illinois
Heritage Grants.
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Every owner of a historic property, or the owner's agent, | ||
is eligible to
apply for a grant under this subsection.
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(s) To establish and implement a pilot program for charging | ||
admission to
State historic sites. Fees may be charged for | ||
special events, admissions, and
parking or any combination; | ||
fees may be charged at all sites or selected sites.
All fees | ||
shall be deposited into the Illinois Historic Sites Fund. The
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Historic Sites and Preservation Division of the Agency
shall | ||
have the discretion to set and adjust reasonable fees at the | ||
various
sites, taking into consideration various factors | ||
including but not limited to:
cost of services furnished to | ||
each visitor, impact of fees on attendance and
tourism and the | ||
costs expended collecting the fees. The
Agency shall keep
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careful records of the income and expenses resulting from the | ||
imposition of
fees, shall keep records as to the attendance at | ||
each historic site, and shall
report to the Governor and | ||
General Assembly by January 31 after the close of
each year. | ||
The report shall include information on costs, expenses,
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attendance, comments by visitors, and any other information the
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Agency may
believe pertinent, including:
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(1) Recommendations as to whether fees should be | ||
continued at each State
historic site.
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(2) How the fees should be structured and imposed.
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(3) Estimates of revenues and expenses associated with | ||
each site.
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(t) To provide for overnight tent and trailer campsites and | ||
to provide
suitable housing facilities for student and juvenile | ||
overnight camping
groups. The Historic Sites and Preservation | ||
Division of the Agency shall
charge rates similar to those
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charged by the Department
of Conservation for the same or | ||
similar facilities and services.
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(u) To engage in marketing activities designed to promote | ||
the sites and
programs administered by the Agency. In
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undertaking these activities, the
Agency may take all necessary | ||
steps with respect
to products and services,
including but not | ||
limited to retail sales, wholesale sales, direct marketing,
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mail order sales, telephone sales, advertising and promotion, | ||
purchase of
product and materials inventory, design, printing | ||
and manufacturing of new
products, reproductions, and | ||
adaptations, copyright and trademark licensing and
royalty | ||
agreements, and payment of applicable taxes. In addition, the | ||
Agency
shall have the authority to sell advertising in its | ||
publications and printed
materials. All income from marketing
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activities shall be deposited into the Illinois Historic Sites | ||
Fund.
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(Source: P.A. 91-202, eff. 1-1-00; 92-600, eff. 7-1-02.)
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