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| Public Act 096-0557 |
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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 1. Short title. This Act may be cited as the Lease | ||||
of Closed State Properties Act. | ||||
Section 5. Definitions. As used in this Act: | ||||
"Agency" means the Illinois Historic Preservation Agency. | ||||
"Department" means the Department of Natural Resources. | ||||
"Local entity" means a unit of local government or public | ||||
college or university located in Illinois. | ||||
Section 10. Lease of closed State properties. | ||||
(a) Notwithstanding any other law, the Department and the | ||||
Agency shall each offer to qualified interested local entities | ||||
the opportunity to assume the operation and maintenance of any | ||||
closed State park or closed State historic site, under the | ||||
Department's or Agency's jurisdiction, through a lease | ||||
established at the discretion of the Department or Agency. In | ||||
addition, the Department and Agency may reject any offer and | ||||
may select an interested local entity after a request for | ||||
offers or request for proposals process. Notwithstanding any | ||||
other provision of this Act, the Department or Agency may | ||||
determine that a particular park or site, due to the value of | ||||
the artifacts or exhibits or due to security issues or any | ||
other operational concerns, shall not be considered for | ||
leasing. The lease shall be awarded to the highest bidder that | ||
the Department or Agency deems to be the most qualified to | ||
operate and maintain the park or site. | ||
(b) The lease shall be acceptable to both parties and must, | ||
at a minimum, contain provisions: | ||
(1) Requiring the local entity to agree to release the | ||
State, the Agency, and the Department from any and all | ||
liability for damages or injuries arising at the park or | ||
site during the lease period. | ||
(2) Authorizing the Department or Agency to terminate | ||
the lease of a park or site after giving written notice to | ||
the local entity at least 60 days before terminating the | ||
lease. | ||
(3) Establishing a lease term that is at least one year | ||
but no more than 3 years in length, and providing an option | ||
to extend the lease term, upon the written agreement of all | ||
of the parties to the lease, for an additional 2 years. | ||
(4) Requiring the local entity to comply with the | ||
consultation requirements of the Endangered Species | ||
Protection Act, the Illinois Natural Areas Preservation | ||
Act, and the Wetlands Protection Act and with all | ||
recommendations arising out of a consultation under one or | ||
more of those Acts. | ||
(5) Prohibiting the local entity from undertaking | ||
activities related to road repair or development, tree or | ||
brush clearing, trail development, landscaping, wetland | ||
draining or filling, excavation, or similar work affecting | ||
the landscape and character of the park or site, without | ||
the express approval of the Agency or Department. | ||
(6) Authorizing the Department or Agency to require the | ||
special care of artifacts or storage of certain artifacts, | ||
or the exclusion of all artifacts when determined | ||
appropriate by the Department or Agency. Human skeletal | ||
remains and artifacts shall be turned over to the Illinois | ||
State Museum. | ||
(7) Authorizing the Agency or the Department to assign | ||
any concession leases, service contracts, or activity use | ||
agreements to the local entity at the time that the lease | ||
is executed. | ||
(8) Requiring each new or additional concession lease | ||
to be approved in writing by the Agency or Department | ||
before the execution of such a lease by the local entity. | ||
(9) Requiring the local entity to maintain the property | ||
in a manner consistent with its status as a State park or | ||
site and as otherwise required by State law. | ||
(10) Requiring the local entity to take responsibility | ||
for all costs, if any, associated with restoring the park | ||
or site to its pre-lease character and condition. | ||
(c) All revenues generated by a local entity's operation of | ||
a park or site during a lease under this Act shall be retained | ||
by that local entity and must be used for the operation, | ||
maintenance, or operation and maintenance of that park or site. | ||
(d) Upon expiration or termination of a lease under this | ||
Act, the local entity shall be reimbursed by the Department or | ||
Agency, as the case may be, for the undepreciated portion of | ||
any improvements to the park or site made or paid for by the | ||
local entity during the period of the lease. All improvements | ||
shall be subject to the advance written approval of the | ||
Department or Agency. The local entity shall be reimbursed only | ||
after establishing, to the satisfaction of the Department or | ||
Agency, that (i) the local entity has complied with the lease | ||
provision required by subdivision (b)(5) of this Section and | ||
(ii) the improvements to the park or site that were made or | ||
paid for by the local entity extend beyond the applicable lease | ||
period. | ||
(e) This Act is subject to and superseded by any federal | ||
law, regulation, condition, or stipulation prohibiting the | ||
lease of a park or site. | ||
Section 15. Collective bargaining work. A lessee under this | ||
Act shall contract with the State for all work that, if | ||
performed by employees of the State, would be performed by | ||
employees, as defined in the Illinois Public Labor Relations | ||
Act. The State shall be the employer of all non-managerial, | ||
non-supervisory, and non-confidential employees, as defined in | ||
the Illinois Public Labor Relations Act. Employees performing | ||
such work shall be State employees as defined by the Personnel | ||
Code. Neither historical representation rights under the | ||
Illinois Public Labor Relations Act nor existing collective | ||
bargaining agreements shall be disturbed by the lease of a | ||
State park or State historic site. | ||
Section 25. Repeal. This Act is repealed December 31, 2014.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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