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91_SB0448eng SB448 Engrossed LRB9103289MWpr 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 SB448 Engrossed -2- LRB9103289MWpr 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 SB448 Engrossed -3- LRB9103289MWpr 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 SB448 Engrossed -4- LRB9103289MWpr 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 inlisted onthe 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 SB448 Engrossed -5- LRB9103289MWpr 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 SB448 Engrossed -6- LRB9103289MWpr 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.)