20 ILCS 3475/ Abraham Lincoln Presidential Library and Museum Act.

(20 ILCS 3475/1)

Sec. 1. Short title. This Act may be cited as the Abraham Lincoln Presidential Library and Museum Act.

(Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/3)

Sec. 3. Executive Order superseded. Executive Order No. 2017-1 created the Abraham Lincoln Presidential Library and Museum as a State agency under the jurisdiction of the Governor. This Act is the implementation of that Executive Order. To the extent that there is a conflict between the provisions of the Executive Order and this Act, this Act supersedes the Executive Order, and shall be controlling.

(Source: P.A. 102-985, eff. 1-1-23.)

(20 ILCS 3475/5)

Sec. 5. Definitions. As used in this Act:

"Agency" means the Abraham Lincoln Presidential Library and Museum.

"Board" means the Board of Trustees of the Abraham Lincoln Presidential Library and Museum.

"Executive Director" means the Executive Director of the Abraham Lincoln Presidential Library and Museum.

"Library" means the Abraham Lincoln Presidential Library.

"Museum" means the Abraham Lincoln Presidential Museum.

(Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/10)

Sec. 10. Abraham Lincoln Presidential Library and Museum; establishment.

(a) The Abraham Lincoln Presidential Library and Museum, formerly a constituent unit of the Illinois Historic Preservation Agency, is created as an independent State agency within the Executive Branch of State government.

(b) The Agency shall have control and custody of the Abraham Lincoln Presidential Library and Museum complex, including the Abraham Lincoln Presidential Library and Museum, the Abraham Lincoln Presidential Library and Museum's parking garage, Union Station, and Union Park, in Springfield.

(c) The Agency shall be under the supervision and direction of the Executive Director of the Abraham Lincoln Presidential Library and Museum.

(Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/15)

Sec. 15. Board. There shall be a Board of Trustees of the Abraham Lincoln Presidential Library and Museum to set policy and advise the Abraham Lincoln Presidential Library and Museum and the Executive Director on programs related to the Abraham Lincoln Presidential Library and Museum and to exercise the powers and duties given to it under Section 25 of this Act.

(Source: P.A. 101-535, eff. 8-23-19; 102-985, eff. 1-1-23.)

(20 ILCS 3475/20)

Sec. 20. Composition of the Board. The Board of Trustees shall consist of 11 members to be appointed by the Governor, with the advice and consent of the Senate. The Board shall consist of members with the following qualifications:

(1) One member shall have recognized knowledge and ability in matters related to business administration.

(2) One member shall have recognized knowledge and ability in matters related to the history of Abraham Lincoln.

(3) One member shall have recognized knowledge and ability in matters related to the history of Illinois.

(4) One member shall have recognized knowledge and ability in matters related to library and museum studies.

(5) One member shall have recognized knowledge and ability in matters related to historic preservation.

(6) One member shall have recognized knowledge and ability in matters related to cultural tourism.

(7) One member shall have recognized knowledge and ability in matters related to conservation, digitization, and technological innovation.

The initial terms of office shall be designated by the Governor as follows: one member to serve for a term of one year, 2 members to serve for a term of 2 years, 2 members to serve for a term of 3 years, 2 members to serve for a term of 4 years, 2 members to serve for a term of 5 years, and 2 members to serve for a term of 6 years. Thereafter, all appointments shall be for a term of 6 years. The Governor shall appoint one of the members to serve as chairperson at the pleasure of the Governor.

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.

(Source: P.A. 102-985, eff. 1-1-23.)

(20 ILCS 3475/25)

(Text of Section before amendment by P.A. 103-933)

Sec. 25. Powers and duties of the Board. The Board shall:

(a) Set policies and establish programs for implementation in support of the mission and goals of the Agency.

(b) Create and execute such seminars, symposia, or other conferences as may be necessary or advisable to the Agency.

(c) Report annually to the Governor and the General Assembly on the status of the Agency and its programs.

(d) Accept, hold, maintain, and administer, as trustee, property given in trust for education or historic purposes for the benefit of the people of the State of Illinois and dispose of any property under the terms of the instrument creating the trust.

(e) Accept, hold, maintain, and administer donated property of historical significance, such as books, papers, records, and personal property of any kind, including electronic and digital property, pursuant to gifting instruments, agreements, or deeds of gift, including but not limited to the King Hostick Public Trust Fund, and enter into such agreements as may be necessary to carry out the Board's duties and responsibilities under this Section.

(f) Lease concessions at the Library and Museum. All leases, for whatever period, shall be made subject to the written approval of the Governor's Office of Management and Budget. All concession leases extending for a period in excess of 10 years shall contain provisions for the Agency to participate, on a percentage basis, in the revenues generated by any concession operation.

(g) Enforce the laws of the State and the rules of the Agency.

(h) 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 Board is authorized to negotiate and approve agreements with the organizations and agencies for a portion of the moneys received from sales to be returned to the Agency for the furtherance of interpretative and restoration programs.

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

(j) Subject to the provisions of the Illinois Administrative Procedure Act, make reasonable rules as may be necessary to discharge the duties of the Agency.

(k) Charge and collect admission fees and rental for access to and use of the facilities of the Library and Museum.

(l) Operate a restaurant, cafe, or other food serving facility at the Museum or lease the operation of such a facility under reasonable terms and conditions, and provide vending services for food, beverages, or other products deemed necessary and proper, consistent with the purposes of the Library and Museum.

(m) Engage in marketing activities designed to promote the Library and Museum. In undertaking these activities, the Board 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 and printing and manufacturing of new products, reproductions, and adaptations, copyright and trademark licensing and royalty agreements, and payment of applicable taxes. In addition, the Board shall have the authority to sell advertising in its publications and printed materials.

(Source: P.A. 100-120, eff. 8-18-17.)

(Text of Section after amendment by P.A. 103-933)

Sec. 25. Powers and duties of the Board. The Board shall:

(a) Set policies and establish programs for implementation in support of the mission and goals of the Agency.

(b) Create and execute such seminars, symposia, or other conferences as may be necessary or advisable to the Agency.

(c) Report annually to the Governor and the General Assembly on the status of the Agency and its programs.

(d) Accept, hold, maintain, and administer, as trustee, property given in trust for education or historic purposes for the benefit of the people of the State of Illinois and dispose of any property under the terms of the instrument creating the trust.

(e) Accept, hold, maintain, and administer donated property of historical significance, such as books, papers, records, and personal property of any kind, including electronic and digital property, pursuant to gifting instruments, agreements, or deeds of gift, including but not limited to the King Hostick Public Trust Fund, and enter into such agreements as may be necessary to carry out the Board's duties and responsibilities under this Section.

(f) Lease concessions at the Library and Museum. All leases, for whatever period, shall be made subject to the written approval of the Governor's Office of Management and Budget. All concession leases extending for a period in excess of 10 years shall contain provisions for the Agency to participate, on a percentage basis, in the revenues generated by any concession operation.

(g) Enforce the laws of the State and the rules of the Agency.

(h) 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 Board is authorized to negotiate and approve agreements with the organizations and agencies for a portion of the moneys received from sales to be returned to the Agency for the furtherance of interpretative and restoration programs.

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

(j) Subject to the provisions of the Illinois Administrative Procedure Act, make reasonable rules as may be necessary to discharge the duties of the Agency.

(k) Charge and collect admission fees and rental for access to and use of the facilities of the Library and Museum; however, an Illinois resident who shows a driver's license or Illinois Identification Card containing a designation that the resident is a Gold Star Family member shall not be charged an admission fee for entry to the Museum during its normal hours of operation.

(l) Operate a restaurant, cafe, or other food serving facility at the Museum or lease the operation of such a facility under reasonable terms and conditions, and provide vending services for food, beverages, or other products deemed necessary and proper, consistent with the purposes of the Library and Museum.

(m) Engage in marketing activities designed to promote the Library and Museum. In undertaking these activities, the Board 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 and printing and manufacturing of new products, reproductions, and adaptations, copyright and trademark licensing and royalty agreements, and payment of applicable taxes. In addition, the Board shall have the authority to sell advertising in its publications and printed materials.

(Source: P.A. 103-933, eff. 1-1-25.)

(20 ILCS 3475/30)

Sec. 30. Administration of the Agency. The Agency shall be under the supervision and direction of an Executive Director. The person serving on the effective date of this Act as Library Director, as defined in Section 33 of the Historic Preservation Act, shall become the inaugural Executive Director on the effective date of this Act and shall serve as Executive Director until the expiration of his then-current term as Library Director. Thereafter, the Board shall appoint the Executive Director with the advice and consent of the Senate. The Executive Director shall serve at the pleasure of the Board for a term of 4 years. The Executive Director shall, subject to applicable provisions of law, execute and discharge the powers and duties of the Agency. The Executive Director may make provision to establish and collect admission and registration fees, operate a gift shop, and publish and sell educational and informational materials.

(Source: P.A. 102-985, eff. 1-1-23.)

(20 ILCS 3475/35)

Sec. 35. Exchange historical records. The Agency shall make all necessary rules, regulations, and bylaws not inconsistent with law to carry into effect the purposes of this Act and to procure from time to time as may be possible and practicable, at reasonable costs, all books, pamphlets, manuscripts, monographs, writings, and other material of historical interest and useful to the Agency bearing upon the political, physical, religious, or social history of the State of Illinois from the earliest known period of time. The Agency may, with the consent of the Board, exchange any books, pamphlets, manuscripts, records, or other materials which such library may acquire that are of no historical interest or for any reason are of no value to it, with any other library, school or historical society. The Agency shall distribute volumes of the series known as the Illinois Historical Collections now in print, and to be printed, to all who may apply for same and who pay to the Library and Museum for such volumes an amount fixed by the Agency sufficient to cover the expenses of printing and distribution of each volume received by such applicants. However, the Agency shall have authority to furnish 25 of each of the volumes of the Illinois Historical Collections, free of charge, to each of the authors and editors of the Collections or parts thereof; to furnish a reasonable number of each of the volumes of the Collections without charge to archives, libraries, and similar institutions from which material has been drawn or assistance has been given in the preparation of such Collections, and to the officials thereof; and to furnish, as in his or her discretion he or she deems necessary or desirable, a reasonable number of each of the volumes of the Collections without charge to the University of Illinois Library and to instructors and officials of that University, and to public libraries in the State of Illinois. The Agency may, with the consent of the Board, also make exchanges of the Historical Collections with any other library, school or historical society, and distribute volumes of the Collections for review purposes.

(Source: P.A. 102-985, eff. 1-1-23.)

(20 ILCS 3475/40)

Sec. 40. Illinois State Historian; appointment.

(a) The Governor, in consultation with the Board and the Illinois Historical Society, shall appoint the Illinois State Historian.

(b) The Illinois State Historian shall be appointed based on the recommendation from the Abraham Lincoln Presidential Library and Museum Board of Trustees who shall consult the Illinois State Historical Society. The Board in consultation with the Illinois State Historical Society shall develop qualifications for the Illinois State Historian to be approved by the Board no later than 120 days after the enactment of this amendatory Act of the 102nd General Assembly.

(c) Qualifications for the Illinois State Historian must include expertise in the history of at least one underrepresented minority group in this State, including, but not limited to: African-American history; Native American history; Latinx history; Asian-American history; and LGBTQIA history.

(d) An individual designated as the Illinois State Historian retains the designation for 2 years from the date of appointment and the term is renewable only by the Governor's appointment for one additional consecutive 2-year term.

(Source: P.A. 102-985, eff. 1-1-23.)

(20 ILCS 3475/45)

Sec. 45. Historical records. The Library Services Director in consultation with historian staff at the Agency shall establish and supervise a program within the Agency designed to preserve as historical records selected past editions of newspapers of this State. Such editions and other materials shall be preserved in accordance with industry standards and shall be stored in a place provided by the Agency. The negatives of microphotographs and other materials shall be stored in a place provided by the Agency.

The Library Services Director in consultation with historian staff at the Agency shall determine on the basis of historical value the various newspaper edition files which shall be preserved and shall arrange a schedule for such preservation. The Library Services Director shall supervise the making of arrangements for acquiring access to past edition files and copyright permissions with the editors or publishers of the various newspapers.

The method of microphotography to be employed in this program shall conform to the standards established pursuant to Section 17 of the State Records Act.

Upon payment to the Agency of the required fee, any person or organization shall be granted access to the preserved editions of the newspapers and all records. The fee schedule shall be determined and approved by the Board annually in granting such access supplying the requested prints.

(Source: P.A. 102-985, eff. 1-1-23.)

(20 ILCS 3475/50)

Sec. 50. Gifts to the Illinois State Historical Library. Those programs, collections, and functions heretofore administered by the Illinois State Historical Library or the Historic Preservation Agency's Historical Library Division shall be administered by the Agency. All gifts made specifically to the Illinois State Historical Library shall remain at all times within the Agency.

(Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/55)

Sec. 55. State Historical Library. The rights, powers, and duties vested by law in the State Historical Library or any office, division, or bureau thereof are hereby transferred to the Abraham Lincoln Presidential Library and Museum.

(Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/60)

Sec. 60. Separation from the Historic Preservation Agency. On the effective date of this Act, all of the powers, duties, assets, liabilities, employees, contracts, property (real and personal), including any items formerly contained in the Illinois State Historical Library now presently held in the Abraham Lincoln Presidential Library and Museum, records, pending business, and unexpended appropriations of the Historic Preservation Agency related to the administration and enforcement of Sections 17, 32, and 33 of the Historic Preservation Act are transferred to the Agency created under this Act. The status and rights of the transferred employees, and the rights of the State of Illinois and its agencies, under the Personnel Code and applicable collective bargaining agreements or under any pension, retirement, or annuity plan are not affected (except as provided in Sections 14-110 and 18-127 of the Illinois Pension Code) by that transfer or by any other provision of this Act.

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

(20 ILCS 3475/65)

Sec. 65. Rulemaking authority. The Agency may adopt rules in contravention of this Act in order to comply with federal laws or regulations that apply to Presidential Libraries administered by the Office of Presidential Libraries under the National Archives and Records Administration, including, but not limited to, 44 U.S.C. 21, 44 U.S.C. 22, and 36 CFR 1270.

(Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/70)

Sec. 70. (Amendatory provisions; text omitted).

(Source: P.A. 100-120, eff. 8-18-17; text omitted.)

(20 ILCS 3475/75)

Sec. 75. The Historic Preservation Agency Act is amended by repealing Sections 17, 30, 31, 32, and 33.

(Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/80)

Sec. 80. (Amendatory provisions; text omitted).

(Source: P.A. 100-120, eff. 8-18-17; text omitted.)

(20 ILCS 3475/85)

Sec. 85. (Amendatory provisions; text omitted).

(Source: P.A. 100-120, eff. 8-18-17; text omitted.)

(20 ILCS 3475/90)

Sec. 90. The State Historical Library Act is amended by repealing Section 4.

(Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/95)

Sec. 95. (Amendatory provisions; text omitted).

(Source: P.A. 100-120, eff. 8-18-17; text omitted.)

(20 ILCS 3475/100)

Sec. 100. (Amendatory provisions; text omitted).

(Source: P.A. 100-120, eff. 8-18-17; text omitted.)

(20 ILCS 3475/105)

Sec. 105. (Amendatory provisions; text omitted).

(Source: P.A. 100-120, eff. 8-18-17; text omitted.)

(20 ILCS 3475/900)

Sec. 900. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 100-120, eff. 8-18-17.)