20 ILCS 3405/ Historic Preservation Act.

(20 ILCS 3405/1) (from Ch. 127, par. 2701)

Sec. 1. This Article shall be known and may be cited as the "Historic Preservation Act".

(Source: P.A. 100-695, eff. 8-3-18.)

(20 ILCS 3405/2) (from Ch. 127, par. 2702)

Sec. 2. For the purposes of this Act:

(a) (Blank);

(b) "Board" means the State Historic Preservation Board;

(b-5) "Department" means the Department of Natural Resources.

(c) "Director" means the Director of Natural Resources;

(d) (Blank);

(e) (Blank);

(f) (Blank);

(g) "Historic Sites and Preservation Division" means the Division of Historic Preservation within the Department of Natural Resources; and

(h) "State Historic Site" means a property that has been deemed by the Board and the Department to have a State, national, or international level of historic significance.

(Source: P.A. 103-768, eff. 8-2-24.)

(20 ILCS 3405/3)

Sec. 3. (Repealed).

(Source: P.A. 86-1336. Repealed by P.A. 100-695, eff. 8-3-18.)

(20 ILCS 3405/3.1)

Sec. 3.1. Agency abolished; functions transferred.

(a) On August 3, 2018 (the effective date of Public Act 100-695), the Historic Preservation Agency, including the Board of Trustees, is hereby abolished and all powers, duties, rights, and responsibilities of the Historic Preservation Agency, except those functions relating to the Abraham Lincoln Presidential Library and Museum, shall be transferred to the Department of Natural Resources. The powers, duties, rights, and responsibilities related to the functions of the Historic Preservation Agency transferred under Public Act 100-695 shall be vested in and shall be exercised by the Department of Natural Resources. Each act done in the exercise of those powers, duties, rights, and responsibilities shall have the same legal effect as if done by the Historic Preservation Agency or its divisions, officers, or employees.

(b) The personnel and positions within the Historic Preservation Agency shall be transferred to the Department of Natural Resources and shall continue their service within the Department of Natural Resources. The status and rights of those employees under the Personnel Code shall not be affected by Public Act 100-695. The status and rights of the employees and the State of Illinois and its agencies under the Personnel Code, the Illinois Public Labor Relations Act, and applicable collective bargaining agreements or under any pension, retirement, or annuity plan, shall not be affected by Public Act 100-695.

(c) All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities transferred by Public Act 100-695 from the Historic Preservation Agency to the Department of Natural Resources, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the Department of Natural Resources.

(d) With respect to the functions of the Historic Preservation Agency transferred under Public Act 100-695, the Department of Natural Resources is the successor agency to the Historic Preservation Agency under the Successor Agency Act and Section 9b of the State Finance Act. All unexpended appropriations and balances and other funds available for use by the Historic Preservation Agency shall, under the direction of the Governor, be transferred for use by the Department of Natural Resources in accordance with Public Act 100-695. Unexpended balances so transferred shall be expended by the Department of Natural Resources only for the purpose for which the appropriations were originally made.

(e) The manner in which any official is appointed, except that when any provision of an Executive Order or Act provides for the membership of the Historic Preservation Agency on any council, commission, board, or other entity, the Director of Natural Resources or his or her designee shall serve in that place; if more than one person is required by law to serve on any council, commission, board, or other entity, then an equivalent number of representatives of the Department of Natural Resources shall so serve.

(f) Whenever reports or notices are required to be made or given or papers or documents furnished or served by any person to or upon the Historic Preservation Agency in connection with any of the powers, duties, rights, or responsibilities transferred by Public Act 100-695, the same shall be made, given, furnished, or served in the same manner to or upon the Department of Natural Resources.

(g) Any rules of the Historic Preservation Agency that relate to its powers, duties, rights, and responsibilities and are in full force on August 3, 2018 (the effective date of Public Act 100-695) shall become the rules of the Department of Natural Resources. Public Act 100-695 does not affect the legality of any of those rules in the Illinois Administrative Code. Any proposed rule filed with the Secretary of State by the Historic Preservation Agency that is pending in the rulemaking process on August 3, 2018 (the effective date of Public Act 100-695) and pertain to the powers, duties, rights, and responsibilities transferred, shall be deemed to have been filed by the Department of Natural Resources. As soon as practicable hereafter, the Department of Natural Resources shall revise and clarify the rules transferred to it under Public Act 100-695 to reflect the reorganization of powers, duties, rights, and responsibilities affected by Public Act 100-695, using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained. On and after August 3, 2018 (the effective date of Public Act 100-695), the Department of Natural Resources may propose and adopt, under the Illinois Administrative Procedure Act, any other rules that relate to the functions of the Historic Preservation Agency transferred to and that will now be administered by the Department of Natural Resources.

(h) The transfer of powers, duties, rights, and responsibilities to the Department of Natural Resources under Public Act 100-695 does not affect any person's rights, obligations, or duties, including any civil or criminal penalties applicable, arising out of those transferred powers, duties, rights, and responsibilities.

(i) Public Act 100-695 does not affect any act done, ratified, or canceled, or any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal cause by the Historic Preservation Agency before August 3, 2018 (the effective date of Public Act 100-695); those actions or proceedings may be defended, prosecuted, or continued by the Department of Natural Resources.

(j) Public Act 100-695 does not contravene, and shall not be construed to contravene, any State statute except as provided in this Section or federal law.

(Source: P.A. 100-695, eff. 8-3-18; 101-81, eff. 7-12-19.)

(20 ILCS 3405/4)

Sec. 4. (Repealed).

(Source: P.A. 100-120, eff. 8-18-17. Repealed by P.A. 100-695, eff. 8-3-18.)

(20 ILCS 3405/4.5)

Sec. 4.5. Division of Historic Preservation. On and after August 3, 2018 (the effective date of Public Act 100-695), the Division of Historic Preservation of the Department of Natural Resources shall be created. The head of the Division shall be known as the Division Manager of Historic Preservation. The Department of Natural Resources may employ or retain other persons to assist in the discharge of its functions, subject to the Personnel Code and any other applicable Department policies.

(Source: P.A. 102-1005, eff. 5-27-22; 103-768, eff. 8-2-24.)

(20 ILCS 3405/4.6)

Sec. 4.6. Interagency collaboration. The Division of Historic Preservation of the Department and the Illinois State Museum shall collaborate and assist the Department in the exercise of all the rights, powers, and duties conferred upon the Department by this Act.

(Source: P.A. 102-1005, eff. 5-27-22.)

(20 ILCS 3405/4.7)

Sec. 4.7. State Historic Preservation Board.

(a) The State Historic Preservation Board is hereby created within the Department.

(b) The Board shall consist of 9 voting members appointed by the Governor and the Director of the Department, or the Director's designee, who shall serve as an ex-officio nonvoting member of the Board. Of the members appointed by the Governor:

(1) 2 members shall have a relevant background in public history or a background in teaching or researching either the history of Illinois or the history of historically marginalized communities;

(2) one member shall have experience in library studies or archival work in Illinois;

(3) 3 members shall be representatives of a community-based organization working on historic preservation in Illinois;

(4) one member shall have experience with the federal Americans with Disabilities Act of 1990;

(5) one member shall have experience working on federal historic designations; and

(6) one member shall be a museum professional.

The chairperson of the Board shall be named by the Governor from among the voting members of the Board. Each member of the Board shall serve a 3-year term and until a successor is appointed by the Governor. The Governor may remove a Board member for incompetence, dereliction of duty, or malfeasance. Of those members appointed by the Governor, at least 5 of the members shall represent historically excluded and marginalized people. The Governor's Office, with the assistance of the Department, shall be responsible for ensuring that 5 of the appointed members of the Board consist of people who represent historically excluded and marginalized people. Knowledge in the following areas shall be prioritized in making appointments to the Board: the culture, traditions, and history of American Indians and Native Americans, Black Americans, Latinos, Latinas, and Hispanic Americans, Asian Americans and Pacific Islanders, the LGBTQIA+ community, immigrants and refugees, people with disabilities, and veterans' organizations; women's history; the history of Illinois' agriculture, architecture, armed forces, arts, civics, cultural geography, ecology, education, faith-based communities, folklore, government, industry, labor, law, medicine, and transportation; anthropology; archaeology; cultural exhibits and museums; heritage tourism; historic preservation; and social justice.

(c) Board meetings shall be called at regular intervals set by the Board, on the request of the Department, or upon written notice signed by at least 5 members of the Board, but in no event less than once quarterly.

(d) A majority of the members of the Board constitutes a quorum for the transaction of business at a meeting of the Board. If a quorum is met, a majority of the members present and serving is required for official action of the Board.

(e) All business that the Board is authorized to perform shall be conducted at a public meeting of the Board, held in compliance with the Open Meetings Act.

(f) Public records of the Board are subject to disclosure under the Freedom of Information Act.

(g) The members of the Board shall serve without compensation but shall be entitled to reimbursement for all necessary expenses incurred in the performance of their official duties as members of the Board from funds appropriated for that purpose. Reimbursement for travel, meals, and lodging shall be in accordance with the rules of the Governor's Travel Control Board.

(h) The Board has the following powers and duties:

(1) The Board shall adopt rules in accordance with the Illinois Administrative Procedure Act, for the administration and execution of the powers granted under this Act. All rules that are authorized to be adopted under this Act shall be adopted after consultation with and written approval by the Department.

(2) The Board shall list, delist, create specific list designations, create designation definitions, create property assessment criteria, or change the listing designation of State Historic Sites. Such actions shall be undertaken by administrative rule. The listing, delisting, creation of specific list designations or designation definitions, or change of listing designation by the Board shall only be done with the written approval of the Director of Natural Resources. When listing, delisting, or making a change of listing designation, the Board shall consider, but is not limited to, the following:

(A) the budgetary impact on the full historic sites portfolio when taking such action;

(B) if the action includes the stories of historically excluded and marginalized people;

(C) the geographic balance of the portfolio;

(D) disability access;

(E) opportunities to coordinate with federal historic designations or federal funding opportunities; and

(F) any other criteria that have been set out in administrative rule.

(3) The Board shall advise the Department on methods of assistance, protection, conservation, and management of State Historic Sites, which are all subject to Department approval and available appropriations to implement those recommendations.

(i) The Department shall provide administrative support to the Board.

(Source: P.A. 103-768, eff. 8-2-24.)

(20 ILCS 3405/5)

Sec. 5. (Repealed).

(Source: P.A. 92-600, eff. 7-1-02. Repealed by P.A. 100-695, eff. 8-3-18.)

(20 ILCS 3405/5.1) (from Ch. 127, par. 2705.1)

Sec. 5.1. The powers, duties and authority granted to the Department of Conservation pursuant to the provisions of Section 63a21.2 of the Civil Administrative Code of Illinois (renumbered; now Section 805-315 of the Department of Natural Resources (Conservation) Law, 20 ILCS 805/805-315) to offer a cash incentive to a qualified bidder for the development, construction and supervision of a concession complex at Lincoln's New Salem State Park are transferred to the Department.

(Source: P.A. 102-1005, eff. 5-27-22.)

(20 ILCS 3405/6) (from Ch. 127, par. 2706)

Sec. 6. Jurisdiction. The Department shall have jurisdiction over the areas which are designated by administrative rule as State Historic Sites. Those sites have been deemed by the Board and the Department to have a continuing State, national, or international level of historic significance and the stewardship and caretaking responsibilities to protect and promote are hereby bestowed upon the Department. The Board is authorized to modify, remove, or add to the list of State Historic Sites that are listed in administrative rule in compliance with this Act. The following sites shall comprise the initial list of State Historic Sites that the Board shall initially list in administrative rule, but shall be subject to modification, removal, or additions by the Board and the Department pursuant to this Act:

Albany Mounds State Historic Site, Whiteside County;

Apple River Fort State Historic Site, Jo Daviess County;

Bishop Hill State Historic Site, Henry County;

Black Hawk State Historic Site, Rock Island County;

Bryant Cottage State Historic Site, Piatt County;

Cahokia Courthouse State Historic Site, St. Clair County;

Cahokia Mounds State Historic Site, in Madison and St. Clair Counties (however, the Illinois State Museum shall act as curator of artifacts pursuant to the provisions of the Archaeological and Paleontological Resources Protection Act);

Crenshaw House State Historic Site, Gallatin County;

Dana-Thomas House State Historic Site, Sangamon County;

David Davis Mansion State Historic Site, McLean County;

Douglas Tomb State Historic Site, Cook County;

Fort de Chartres State Historic Site, Randolph County;

Fort Kaskaskia State Historic Site, Randolph County;

Grand Village of the Illinois, LaSalle County;

U. S. Grant Home State Historic Site, Jo Daviess County;

Hotel Florence, Cook County;

Jarrot Mansion State Historic Site, St. Clair County;

Jubilee College State Historic Site, Peoria County;

Kincaid Mounds State Historic Site, Massac and Pope Counties;

Lewis and Clark State Historic Site, Madison County;

Lincoln-Herndon Law Offices State Historic Site, Sangamon County;

Lincoln Log Cabin State Historic Site, Coles County;

Lincoln's New Salem State Historic Site, Menard County;

Lincoln Tomb State Historic Site, Sangamon County;

Martin Boismenue House State Historic Site, St. Clair County;

Pierre Menard Home State Historic Site, Randolph County;

Metamora Courthouse State Historic Site, Woodford County;

Moore Home State Historic Site, Coles County;

Mount Pulaski Courthouse State Historic Site, Logan County;

Old Market House State Historic Site, Jo Daviess County;

Old State Capitol State Historic Site, Sangamon County;

Postville Courthouse State Historic Site, Logan County;

Pullman Factory, Cook County;

Rose Hotel, Hardin County;

Carl Sandburg State Historic Site, Knox County;

Shawneetown Bank State Historic Site, Gallatin County;

Vachel Lindsay Home, Sangamon County;

Vandalia State House State Historic Site, Fayette County; and

Washburne House State Historic Site, Jo Daviess County.

Buel House, Pope County;

Campbell's Island State Memorial, Rock Island County;

Governor Bond State Memorial, Randolph County;

Governor Coles State Memorial, Madison County;

Governor Horner State Memorial, Cook County;

Governor Small State Memorial, Kankakee County;

Illinois Vietnam Veterans State Memorial, Sangamon County;

Kaskaskia Bell State Memorial, Randolph County;

Korean War Memorial, Sangamon County;

Lincoln Monument State Memorial, Lee County;

Lincoln Trail State Memorial, Lawrence County;

Lovejoy State Memorial, Madison County;

Norwegian Settlers State Memorial, LaSalle County;

Wild Bill Hickok State Memorial, LaSalle County; and

World War II Veterans Memorial, Sangamon County.

Emerald Mound, St. Clair County;

Halfway Tavern, Marion County; and

Hofmann Tower, Cook County.

(Source: P.A. 102-246, eff. 1-1-22; 102-1005, eff. 5-27-22; 103-768, eff. 8-2-24.)

(20 ILCS 3405/8)

Sec. 8. Business plans. The Department shall create an individual business plan for each historic site related to Abraham Lincoln that is listed in the relevant administrative rule. Each business plan must address ways to enhance tourism at the historic site and the historic aspect of each site. The Department may seek assistance from the Department of Commerce and Economic Opportunity when creating the business plans. The Department shall complete the business plans no later than January 1, 2008.

(Source: P.A. 103-768, eff. 8-2-24.)

(20 ILCS 3405/11) (from Ch. 127, par. 2711)

Sec. 11. The Department shall exercise all rights, powers and duties vested in the Department of Conservation by the "Illinois Historic Preservation Act", approved August 14, 1976, as amended.

(Source: P.A. 102-1005, eff. 5-27-22.)

(20 ILCS 3405/12) (from Ch. 127, par. 2712)

Sec. 12. The Department shall exercise all rights, powers and duties vested in the Department of Conservation by Section 63a34 of the Civil Administrative Code of Illinois (renumbered; now Section 805-220 of the Department of Natural Resources (Conservation) Law, 20 ILCS 805/805-220).

(Source: P.A. 102-1005, eff. 5-27-22.)

(20 ILCS 3405/13) (from Ch. 127, par. 2713)

Sec. 13. The Department shall exercise all rights, powers and duties vested in the Department of Conservation by "An Act relating to the planning, acquisition and development of outdoor recreation resources and facilities, and authorizing the participation by the State of Illinois its political subdivisions and qualified participants in programs of Federal assistance relating thereto", approved July 6, 1965, as amended, solely as it relates to the powers, rights, duties and obligations heretofore exercised by the Department of Conservation over historically significant properties and interests of the State.

(Source: P.A. 102-1005, eff. 5-27-22.)

(20 ILCS 3405/14) (from Ch. 127, par. 2714)

Sec. 14. The Department shall exercise all rights, powers and duties set forth in Sections 10-40 through 10-85 of the Property Tax Code.

(Source: P.A. 102-1005, eff. 5-27-22.)

(20 ILCS 3405/15) (from Ch. 127, par. 2715)

Sec. 15. The Department shall exercise all rights, powers and duties vested in the Department of Conservation by Section 4-201.5 of the "Illinois Highway Code", approved June 8, 1959, as amended, solely as it relates to access to historic sites and memorials designated pursuant to this Act.

(Source: P.A. 102-1005, eff. 5-27-22.)

(20 ILCS 3405/15.1) (from Ch. 127, par. 2715.1)

Sec. 15.1. (Repealed).

(Source: P.A. 85-224. Repealed by 90-760, eff. 8-14-98.)

(20 ILCS 3405/16) (from Ch. 127, par. 2716)

(Text of Section from P.A. 103-616)

Sec. 16. The Department shall have the following additional powers:

(a) To hire agents and employees necessary to carry out the duties and purposes of this Act.

(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 to enter into contracts, acquire and dispose of real and personal property, and enter into leases of real and personal property. The Department 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.

(c) To provide recreational facilities, including campsites, lodges and cabins, trails, picnic areas, and related recreational facilities, at all sites under the jurisdiction of the Department.

(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 quarters for the custodians and keepers of State historic sites.

(e) To grant licenses and rights-of-way within the areas controlled by the Department 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 Department.

(f) To authorize the officers, employees, and agents of the Department, 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.

(g) To transfer jurisdiction of or exchange any realty under the control of the Department 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.

(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.

(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 of any property under the terms of the instrument creating the trust.

(j) To lease concessions on any property under the jurisdiction of the Department 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 this 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 Department to participate, on a percentage basis, in the revenues generated by any concession operation.

The Department is authorized to allow for provisions for a reserve account and a leasehold account within Department 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 Department 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 Department 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 Department 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.

(k) To sell surplus agricultural products grown on land owned by or under the jurisdiction of the Department, when the products cannot be used by the Department.

(l) To enforce the laws of the State and the rules and regulations of the Department in or on any lands owned, leased, or managed by the Department.

(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 Department is authorized to negotiate with the organizations and agencies for a portion of the monies received from sales to be returned to the Illinois Historic Sites Fund for the furtherance of interpretive and restoration programs.

(n) To establish local bank or savings and loan association 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 Department and shall be subject to regular audits. The balance in a local bank or savings and loan association account shall be forwarded to the Department for deposit with the State Treasurer on Monday of each week if the amount to be deposited in a fund exceeds $500.

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.

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

(p) To make reasonable rules and regulations as may be necessary to discharge the duties of the Department.

(q) With appropriate cultural organizations, to further and advance the goals of the Department.

(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 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.

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.

Every owner of a historic property, or the owner's agent, is eligible to apply for a grant under this subsection.

(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 Department 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 Department shall keep 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, attendance, comments by visitors, and any other information the Department may believe pertinent, including:

(1) Recommendations as to whether fees should be continued at each State historic site.

(2) How the fees should be structured and imposed.

(3) Estimates of revenues and expenses associated with each site.

(t) To provide for overnight tent and trailer campsites and to provide suitable housing facilities for student and juvenile overnight camping groups. The Department shall charge rates similar to those charged by the Department for the same or similar facilities and services.

(u) To engage in marketing activities designed to promote the sites and programs administered by the Department. In undertaking these activities, the Department may take all necessary steps with respect to products and services, including, but not limited to, retail sales, wholesale sales, direct marketing, mail order sales, telephone sales, advertising and promotion, purchase of product and materials inventory, design, printing and manufacturing of new products, reproductions, and adaptations, copyright and trademark licensing and royalty agreements, and payment of applicable taxes. In addition, the Department shall have the authority to sell advertising in its publications and printed materials. All income from marketing activities shall be deposited into the Illinois Historic Sites Fund.

(Source: P.A. 102-1005, eff. 5-27-22; 103-616, eff. 7-1-24.)

(Text of Section from P.A. 103-768)

Sec. 16. The Department shall have the following additional powers:

(a) To hire agents and employees necessary to carry out the duties and purposes of this Act.

(b) To take all measures necessary to erect, maintain, preserve, restore, and conserve all State Historic Sites, except when supervision and maintenance is otherwise provided by law. This authorization includes the power to enter into contracts, acquire and dispose of real and personal property, and enter into leases of real and personal property. The Department 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.

(c) To provide recreational facilities, including campsites, lodges and cabins, trails, picnic areas, and related recreational facilities, at all sites under the jurisdiction of the Department.

(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 quarters for the custodians and keepers of State historic sites.

(e) To grant licenses and rights-of-way within the areas controlled by the Department 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 Department.

(f) To authorize the officers, employees, and agents of the Department, 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.

(g) To transfer jurisdiction of or exchange any realty under the control of the Department 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.

(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.

(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 of any property under the terms of the instrument creating the trust.

(j) To lease concessions on any property under the jurisdiction of the Department 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 this 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 Department to participate, on a percentage basis, in the revenues generated by any concession operation.

The Department is authorized to allow for provisions for a reserve account and a leasehold account within Department 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 Department 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 Department 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 Department 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.

(k) To sell surplus agricultural products grown on land owned by or under the jurisdiction of the Department, when the products cannot be used by the Department.

(l) To enforce the laws of the State and the rules and regulations of the Department in or on any lands owned, leased, or managed by the Department.

(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 Department is authorized to negotiate with the organizations and agencies for a portion of the monies received from sales to be returned to the Department's Historic Sites Fund for the furtherance of interpretive and restoration programs.

(n) To establish local bank or savings and loan association 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 Department and shall be subject to regular audits. The balance in a local bank or savings and loan association account shall be forwarded to the Department for deposit with the State Treasurer on Monday of each week if the amount to be deposited in a fund exceeds $500.

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.

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

(p) To make reasonable rules and regulations as may be necessary to discharge the duties of the Department.

(q) With appropriate cultural organizations, to further and advance the goals of the Department.

(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 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.

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.

Every owner of a historic property, or the owner's agent, is eligible to apply for a grant under this subsection.

(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 Department 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 Department shall keep 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, attendance, comments by visitors, and any other information the Department may believe pertinent, including:

(1) Recommendations as to whether fees should be continued at each State historic site.

(2) How the fees should be structured and imposed.

(3) Estimates of revenues and expenses associated with each site.

(t) To provide for overnight tent and trailer campsites and to provide suitable housing facilities for student and juvenile overnight camping groups. The Department shall charge rates similar to those charged by the Department for the same or similar facilities and services.

(u) To engage in marketing activities designed to promote the sites and programs administered by the Department. In undertaking these activities, the Department may take all necessary steps with respect to products and services, including, but not limited to, retail sales, wholesale sales, direct marketing, mail order sales, telephone sales, advertising and promotion, purchase of product and materials inventory, design, printing and manufacturing of new products, reproductions, and adaptations, copyright and trademark licensing and royalty agreements, and payment of applicable taxes. In addition, the Department shall have the authority to sell advertising in its publications and printed materials. All income from marketing activities shall be deposited into the Illinois Historic Sites Fund.

(v) To review and approve in writing rules adopted by the Board.

(Source: P.A. 102-1005, eff. 5-27-22; 103-768, eff. 8-2-24.)

(20 ILCS 3405/17)

Sec. 17. (Repealed).

(Source: P.A. 92-600, eff. 7-1-02. Repealed by P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3405/18) (from Ch. 127, par. 2718)

Sec. 18. (Repealed).

(Source: P.A. 84-25. Repealed by P.A. 92-600, eff. 7-1-02.)

(20 ILCS 3405/19) (from Ch. 127, par. 2719)

Sec. 19. Whenever personal property has been loaned to or deposited with the Department and held more than 25 years and no person has made claim upon the property, the property shall be deemed abandoned and shall become the property of the Department. Provided, however, that in order to perfect the title the Department must diligently seek to find the owner by writing to the owner at the last known address by certified mail. If no claim is made within 30 days of sending the certified letter, the Department shall publish in the official State newspaper and in a local newspaper that distributes in the area of owner's last known address a notice containing the name of the owner, a description of the property, and the method of filing a claim. If no person claims the property within 90 days after the advertisement is published, title to the property vests in the Department.

(Source: P.A. 100-695, eff. 8-3-18.)

(20 ILCS 3405/20)

Sec. 20. (Repealed).

(Source: P.A. 94-793, eff. 5-19-06. Repealed by P.A. 99-576, eff. 7-15-16.)

(20 ILCS 3405/21)

Sec. 21. Annual report. Beginning in 2025, the Department shall submit an annual report, on or before June 30, to the General Assembly containing a full list of the State Historic Sites and the sites designations, as recommended by the Board and approved by the Department.

(Source: P.A. 103-768, eff. 8-2-24.)

(20 ILCS 3405/22)

Sec. 22. Amistad Commission.

(a) Purpose. The General Assembly finds and declares that all people should know of and remember the human carnage and dehumanizing atrocities committed during the period of the African slave trade and slavery in America and of the vestiges of slavery in this country; and it is in fact vital to educate our citizens on these events, the legacy of slavery, the sad history of racism in this country, and the principles of human rights and dignity in a civilized society.

It is the policy of the State of Illinois that the history of the African slave trade, slavery in America, the depth of their impact in our society, and the triumphs of African-Americans and their significant contributions to the development of this country is the proper concern of all people, particularly students enrolled in the schools of the State of Illinois.

It is therefore desirable to create a Commission that, as an organized body and on a continuous basis, will survey, design, encourage, and promote the implementation of education and awareness programs in Illinois that are concerned with the African slave trade, slavery in America, the vestiges of slavery in this country, and the contributions of African-Americans in building our country; to develop workshops, institutes, seminars, and other teacher training activities designed to educate teachers on this subject matter; and that will be responsible for the coordination of events on a regular basis, throughout the State, that provide appropriate memorialization of the events concerning the enslavement of Africans and their descendants in America and their struggle for freedom, liberty, and equality.

(b) Amistad Commission. The Amistad Commission is created within the Department. The Commission is named to honor the group of enslaved Africans transported in 1839 on a vessel named the Amistad who overthrew their captors and created an international incident that was eventually argued before the Supreme Court and that shed a growing light on the evils of the slave trade and galvanized a growing abolitionist movement towards demanding the end of slavery in the United States.

(c) Membership. The Commission shall consist of 15 members, including 3 ex officio members: the State Superintendent of Education or his or her designee, the Director of Commerce and Economic Opportunity or his or her designee, and the Director or his or her designee; and 12 public members. Public members shall be appointed as follows:

(i) 2 members appointed by the President of the Senate and one member appointed by the Minority Leader of the Senate;

(ii) 2 members appointed by the Speaker of the House of Representatives and one member appointed by the Minority Leader of the House of Representatives; and

(iii) 6 members, no more than 4 of whom shall be of the same political party, appointed by the Governor.

The public members shall be residents of this State, chosen with due regard to broad geographic representation and ethnic diversity, who have served actively in organizations that educate the public on the history of the African slave trade, the contributions of African-Americans to our society, and civil rights issues.

Each public member of the Commission shall serve for a term of 3 years, except that of the initial members so appointed: one member appointed by the President of the Senate, one member appointed by the Speaker of the House of Representatives, and 2 members appointed by the Governor shall serve for terms of one year; the member appointed by the Minority Leader of the Senate, one member appointed by the Speaker of the House of Representatives, and 2 members appointed by the Governor shall serve for terms of 2 years; and one member appointed by the President of the Senate, the member appointed by the Minority Leader of the House of Representatives, and 2 members appointed by the Governor shall serve for terms of 3 years. Public members shall be eligible for reappointment. They shall serve until their successors are appointed and qualified, and the term of the successor of any incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only.

(d) Election of chairperson; meetings. At its first meeting and annually thereafter, the Commission shall elect from among its members a chairperson and other officers it considers necessary or appropriate. After its first meeting, the Commission shall meet at least quarterly, or more frequently at the call of the chairperson or if requested by 9 or more members.

(e) Quorum. A majority of the members of the Commission constitute a quorum for the transaction of business at a meeting of the Commission. A majority of the members present and serving is required for official action of the Commission.

(f) Public meeting. All business that the Commission is authorized to perform shall be conducted at a public meeting of the Commission, held in compliance with the Open Meetings Act.

(g) Freedom of Information. A writing prepared, owned, used, in the possession of, or retained by the Commission in the performance of an official function is subject to the Freedom of Information Act.

(h) Compensation. The members of the Commission shall serve without compensation, but shall be entitled to reimbursement for all necessary expenses incurred in the performance of their official duties as members of the Commission from funds appropriated for that purpose. Reimbursement for travel, meals, and lodging shall be in accordance with the rules of the Governor's Travel Control Board.

(i) Duties. The Commission shall have the following responsibilities and duties:

(1) To provide, based upon the collective interest of the members and the knowledge and experience of the members, assistance and advice to schools within the State with respect to the implementation of education, awareness programs, textbooks, and educational materials concerned with the African slave trade, slavery in America, the vestiges of slavery in this country, and the contributions of African-Americans to our society.

(2) To survey and catalog the extent and breadth of education concerning the African slave trade, slavery in America, the vestiges of slavery in this country, and the contributions of African-Americans to our society presently being incorporated into the curricula and textbooks and taught in the school systems of the State; to inventory those African slave trade, American slavery, or relevant African-American history memorials, exhibits, and resources that should be incorporated into courses of study at educational institutions, schools, and various other locations throughout the State; and to assist the State Board of Education and other State and educational agencies in the development and implementation of African slave trade, American slavery, and African-American history education programs.

(3) To act as a liaison with textbook publishers, schools, public, private, and nonprofit resource organizations, and members of the United States Senate and House of Representatives and the Illinois Senate and House of Representatives in order to facilitate the inclusion of the history of African slavery and of African-Americans in this country in the curricula of public and nonpublic schools.

(4) To compile a roster of individual volunteers who are willing to share their knowledge and experience in classrooms, seminars, and workshops with students and teachers on the subject of the African slave trade, American slavery, the impact of slavery on our society today, and the contributions of African-Americans to our country.

(5) To coordinate events memorializing the African slave trade, American slavery, and the history of African-Americans in this country that reflect the contributions of African-Americans in overcoming the burdens of slavery and its vestiges, and to seek volunteers who are willing and able to participate in commemorative events that will enhance student awareness of the significance of the African slave trade, American slavery, its historical impact, and the struggle for freedom.

(6) To prepare reports for the Governor and the General Assembly regarding its findings and recommendations on facilitating the inclusion of the African slave trade, American slavery studies, African-American history, and special programs in the educational system of the State.

(7) To develop, in consultation with the State Board of Education, curriculum guidelines that will be made available to every school board for the teaching of information on the African slave trade, slavery in America, the vestiges of slavery in this country, and the contributions of African-Americans to our country.

(8) To solicit, receive, and accept appropriations, gifts, and donations for Commission operations and programs authorized under this Section.

(j) Commission requests for assistance. The Commission is authorized to call upon any department, office, division, or agency of the State, or of any county, municipality, or school district of the State, to supply such data, program reports, and other information, appropriate school personnel, and assistance as it deems necessary to discharge its responsibilities under this Act. These departments, offices, divisions, and agencies shall, to the extent possible and not inconsistent with any other law of this State, cooperate with the Commission and shall furnish it with such information, appropriate school personnel, and assistance as may be necessary or helpful to accomplish the purposes of this Act.

(k) State Board of Education assistance. The State Board of Education shall:

(1) Assist the Amistad Commission in marketing and distributing to educators, administrators, and school districts in the State educational information and other materials on the African slave trade, slavery in America, the vestiges of slavery in this country, and the contributions of African-Americans to our society.

(2) Conduct at least one teacher workshop annually on the African slave trade, slavery in America, the vestiges of slavery in this country, and the contributions of African-Americans to our society.

(3) Assist the Amistad Commission in monitoring the inclusion of slavery materials and curricula in the State's educational system.

(4) Consult with the Amistad Commission to determine ways it may survey, catalog, and extend slave trade and American slavery education presently being taught in the State's educational system.

The State Board of Education may, subject to the availability of appropriations, hire additional staff and consultants to carry out the duties and responsibilities provided within this subsection (k).

(l) Report. The Commission shall report its activities and findings, as required under subsection (i), to the Governor and General Assembly on or before June 30, 2006, and biannually thereafter.

(Source: P.A. 100-695, eff. 8-3-18.)

(20 ILCS 3405/27)

Sec. 27. Former POWs; free admission. Every veteran who is a resident of Illinois and a former prisoner of war is exempt from all admission fees in museums that receive State funds. For the purposes of this Section, a former prisoner of war is a veteran who was taken and held prisoner by a hostile foreign force while participating in an armed conflict as a member of the United States Armed Forces. Any identification card or other form of identification issued by the Veterans' Administration or other governmental agency that indicates the card-holder's former prisoner of war status is sufficient to accord the card-holder the fee-exempt admission privileges under this Section.

(Source: P.A. 96-87, eff. 7-27-09.)

(20 ILCS 3405/28)

Sec. 28. Illinois Historic Sites Fund. All monies received for historic preservation programs administered by the Department, including grants, direct and indirect cost reimbursements, income from marketing activities, gifts, donations and bequests, from private organizations, individuals, other State agencies or federal agencies, monies received from publications, and copying and certification fees related to such programs, and all income from fees generated from admissions, special events, parking, camping, concession and property rental, shall be deposited into a special fund in the State treasury, to be known as the Illinois Historic Sites Fund, which is hereby created. Subject to appropriation, the monies in such fund shall be used by the Department for historic preservation purposes only.

The Illinois Historic Sites Fund is not subject to administrative charges or charge-backs, including but not limited to those authorized under Section 8h of the State Finance Act.

(Source: P.A. 101-81, eff. 7-12-19.)

(20 ILCS 3405/30)

Sec. 30. (Repealed).

(Source: P.A. 92-600, eff. 7-1-02. Repealed by P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3405/31)

Sec. 31. (Repealed).

(Source: P.A. 92-600, eff. 7-1-02. Repealed by P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3405/32)

Sec. 32. (Repealed).

(Source: P.A. 92-600, eff. 7-1-02. Repealed by P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3405/33)

Sec. 33. (Repealed).

(Source: P.A. 92-600, eff. 7-1-02. Repealed by P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3405/34)

Sec. 34. (Repealed).

(Source: P.A. 92-600, eff. 7-1-02. Repealed by P.A. 100-695, eff. 8-3-18.)

(20 ILCS 3405/35)

Sec. 35. Products manufactured in the United States. State Historic Sites and other properties that are under the jurisdiction of the Department under Section 6 of this Act shall set aside a booth or section for the sale of products manufactured in the United States. As used in this Section, "products manufactured in the United States" means assembled articles, materials, or supplies for which design, final assembly, processing, packaging, testing, or other process that adds value, quality, or reliability occurred in the United States.

(Source: P.A. 103-768, eff. 8-2-24.)