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91_HB1328
LRB9103288MWtm
1 AN ACT to amend the Historic Preservation Agency Act by
2 changing Section 16.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Historic Preservation Agency Act is
6 amended by changing Section 16 as follows:
7 (20 ILCS 3405/16) (from Ch. 127, par. 2716)
8 Sec. 16. The Agency shall have the following additional
9 powers:
10 (a) To hire agents and employees necessary to carry out
11 the duties and purposes of the Agency.
12 (b) To take all measures necessary to erect, maintain,
13 preserve, restore, and conserve all State Historic Sites and
14 State Memorials, except when supervision and maintenance is
15 otherwise provided by law. This authorization includes the
16 power to enter into contracts, acquire and dispose of real
17 and personal property, and enter into leases of real and
18 personal property.
19 (c) To provide recreational facilities including camp
20 sites, lodges and cabins, trails, picnic areas and related
21 recreational facilities at all sites under the jurisdiction
22 of the Agency.
23 (d) To lay out, construct and maintain all needful
24 roads, parking areas, paths or trails, bridges, camp or lodge
25 sites, picnic areas, lodges and cabins, and any other
26 structures and improvements necessary and appropriate in any
27 State historic site or easement thereto; and to provide water
28 supplies, heat and light, and sanitary facilities for the
29 public and living quarters for the custodians and keepers of
30 State historic sites.
31 (e) To grant licenses and rights-of-way within the areas
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1 controlled by the Agency for the construction, operation and
2 maintenance upon, under or across the property, of facilities
3 for water, sewage, telephone, telegraph, electric, gas, or
4 other public service, subject to the terms and conditions as
5 may be determined by the Agency.
6 (f) To authorize the officers, employees and agents of
7 the Agency, for the purposes of investigation and to exercise
8 the rights, powers, and duties vested and that may be vested
9 in it, to enter and cross all lands and waters in this State,
10 doing no damage to private property.
11 (g) To transfer jurisdiction of or exchange any realty
12 under the control of the Agency to any other Department of
13 the State Government, or to any agency of the Federal
14 Government, or to acquire or accept Federal lands, when any
15 transfer, exchange, acquisition or acceptance is advantageous
16 to the State and is approved in writing by the Governor.
17 (h) To erect, supervise, and maintain all public
18 monuments and memorials erected by the State, except when the
19 supervision and maintenance of public monuments and memorials
20 is otherwise provided by law.
21 (i) To accept, hold, maintain, and administer, as
22 trustee, property given in trust for educational or historic
23 purposes for the benefit of the People of the State of
24 Illinois and to dispose of any property under the terms of
25 the instrument creating the trust.
26 (j) To lease concessions on any property under the
27 jurisdiction of the Agency for a period not exceeding 25
28 years and to lease a concession complex at Lincoln's New
29 Salem State Historic Site for which a cash incentive has been
30 authorized under Section 5.1 of the Historic Preservation
31 Agency Act for a period not to exceed 40 years. All leases,
32 for whatever period, shall be made subject to the written
33 approval of the Governor. All concession leases extending
34 for a period in excess of 10 years, will contain provisions
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1 for the Agency to participate, on a percentage basis, in the
2 revenues generated by any concession operation.
3 (k) To sell surplus agricultural products grown on land
4 owned by or under the jurisdiction of the Agency, when the
5 products cannot be used by the Agency.
6 (l) To enforce the laws of the State and the rules and
7 regulations of the Agency in or on any lands owned, leased,
8 or managed by the Agency.
9 (m) To cooperate with private organizations and agencies
10 of the State of Illinois by providing areas and the use of
11 staff personnel where feasible for the sale of publications
12 on the historic and cultural heritage of the State and craft
13 items made by Illinois craftsmen. These sales shall not
14 conflict with existing concession agreements. The Agency is
15 authorized to negotiate with the organizations and agencies
16 for a portion of the monies received from sales to be
17 returned to the Agency's Historic Sites Fund for the
18 furtherance of interpretive and restoration programs.
19 (n) To establish local bank or savings and loan
20 association accounts, upon the written authorization of the
21 Director, to temporarily hold income received at any of its
22 properties. The local accounts established under this Section
23 shall be in the name of the Historic Preservation Agency and
24 shall be subject to regular audits. The balance in a local
25 bank or savings and loan association account shall be
26 forwarded to the Agency for deposit with the State Treasurer
27 on Monday of each week if the amount to be deposited in a
28 fund exceeds $500.
29 No bank or savings and loan association shall receive
30 public funds as permitted by this Section, unless it has
31 complied with the requirements established under Section 6 of
32 the Public Funds Investment Act.
33 (o) To accept offers of gifts, gratuities, or grants
34 from the federal government, its agencies, or offices, or
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1 from any person, firm, or corporation.
2 (p) To make reasonable rules and regulations as may be
3 necessary to discharge the duties of the Agency.
4 (q) With appropriate cultural organizations, to further
5 and advance the goals of the Agency.
6 (r) To make grants for the purposes of planning, survey,
7 rehabilitation, restoration, reconstruction, landscaping,
8 and acquisition of Illinois properties (i) designated
9 individually in listed on the National Register of Historic
10 Places (ii) designated as a landmark under a county or
11 municipal landmark ordinance, or (iii) located within a
12 National Register of Historic Places historic district or a
13 locally designated historic district when the Director
14 determines that the property is of historic significance
15 whenever an appropriation is made therefor by the General
16 Assembly or whenever gifts or grants are received for that
17 purpose and to promulgate regulations as may be necessary or
18 desirable to carry out the purposes of the grants.
19 Grantees may, as prescribed by rule, be required to
20 provide matching funds for each grant. Grants made under
21 this subsection shall be known as Illinois Heritage Grants.
22 Every owner of a historic property, or the owner's agent,
23 is eligible to apply for a grant under this subsection.
24 (s) To establish and implement a pilot program for
25 charging admission to State historic sites. Fees may be
26 charged for special events, admissions, and parking or any
27 combination; fees may be charged at all sites or selected
28 sites. All fees shall be deposited into the Illinois Historic
29 Sites Fund. The Agency shall have the discretion to set and
30 adjust reasonable fees at the various sites, taking into
31 consideration various factors including but not limited to:
32 cost of services furnished to each visitor, impact of fees on
33 attendance and tourism and the costs expended collecting the
34 fees. The Agency shall keep careful records of the income
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1 and expenses resulting from the imposition of fees, shall
2 keep records as to the attendance at each historic site, and
3 shall report to the Governor and General Assembly by January
4 31 after the close of each year. The report shall include
5 information on costs, expenses, attendance, comments by
6 visitors, and any other information the Agency may believe
7 pertinent, including:
8 (1) Recommendations as to whether fees should be
9 continued at each State historic site.
10 (2) How the fees should be structured and imposed.
11 (3) Estimates of revenues and expenses associated
12 with each site.
13 In the final report to be filed by January 31, 1996, the
14 Agency shall include recommendations as to whether fees
15 should be charged at State historic sites and if so how the
16 fees should be structured and imposed and estimates of
17 revenues and expenses associated with any recommended fees.
18 (t) To provide for overnight tent and trailer campsites
19 and to provide suitable housing facilities for student and
20 juvenile overnight camping groups. The Agency shall charge
21 the same rates charged by the Department of Conservation for
22 the same or similar facilities and services.
23 (u) To engage in marketing activities designed to
24 promote the sites and programs administered by the Agency.
25 In undertaking these activities, the Agency may take all
26 necessary steps with respect to products and services,
27 including but not limited to retail sales, wholesale sales,
28 direct marketing, mail order sales, telephone sales,
29 advertising and promotion, purchase of product and materials
30 inventory, design, printing and manufacturing of new
31 products, reproductions, and adaptations, copyright and
32 trademark licensing and royalty agreements, and payment of
33 applicable taxes. In addition, the Agency shall have the
34 authority to sell advertising in its publications and printed
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1 materials. All income from marketing activities shall be
2 deposited into the Illinois Historic Sites Fund.
3 (Source: P.A. 88-91; 89-668, eff. 8-14-96.)