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92_HB3307eng HB3307 Engrossed LRB9204566MWpc 1 AN ACT in relation to historic preservation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Historic Preservation Agency Act is 5 amended by changing Sections 6 and 16 as follows: 6 (20 ILCS 3405/6) (from Ch. 127, par. 2706) 7 Sec. 6. Jurisdiction. The Agency shall have jurisdiction 8 over the following described areas which are hereby 9 designated as State Historic Sites, State Memorials, and 10 Miscellaneous Properties: 11 State Historic Sites 12 Abraham Lincoln Presidential Library and Museum Historic 13 Site, Sangamon County; 14 Apple River Fort State Historic Site, Jo Daviess County; 15 Bishop Hill State Historic Site, Henry County; 16 Black Hawk State Historic Site, Rock Island County; 17 Bryant Cottage State Historic Site, Piatt County; 18 Buel House, Pope County; 19 Cahokia Courthouse State Historic Site, St. Clair County; 20 Cahokia Mounds State Historic Site, in Madison and St. 21 Clair Counties (however, the Illinois State Museum 22 shall act as curator of artifacts pursuant to the 23 provisions of the Archaeological and Paleontological 24 Resources Protection Act); 25 Crenshaw House State Historic Site, Gallatin County; 26 Dana-Thomas House State Historic Site, Sangamon County; 27 David Davis Mansion State Historic Site, McLean County; 28 Douglas Tomb State Historic Site, Cook County; 29 Fort de Chartres State Historic Site, Randolph County; 30 Fort Kaskaskia State Historic Site, Randolph County; 31 Grand Village of the Illinois, LaSalle County; HB3307 Engrossed -2- LRB9204566MWpc 1 U. S. Grant Home State Historic Site, Jo Daviess County; 2 Hotel Florence, Cook County; 3 Jarrot Mansion State Historic Site, St. Clair County; 4 Jubilee College State Historic Site, Peoria County; 5 Lincoln-Herndon Law Offices State Historic Site, Sangamon 6 County; 7 Lincoln Log Cabin State Historic Site, Coles County; 8 Lincoln's New Salem State Historic Site, Menard County; 9 Lincoln Tomb State Historic Site, Sangamon County; 10 Pierre Menard Home State Historic Site, Randolph County; 11 Pullman Factory, Cook County; 12 Martin-Boismenue House State Historic Site, St. Clair 13 County; 14 Metamora Courthouse State Historic Site, Woodford County; 15 Moore Home State Historic Site, Coles County; 16 Mount Pulaski Courthouse State Historic Site, Logan 17 County; 18 Old Market House State Historic Site, Jo Daviess County; 19 Old State Capitol State Historic Site, Sangamon County; 20 Postville Courthouse State Historic Site, Logan County; 21 Rose Hotel, Hardin County; 22 Carl Sandburg State Historic Site, Knox County; 23 Shawneetown Bank State Historic Site, Gallatin County; 24 Sugar Loaf Mound State Historic Site, Madison County; 25 Union Station State Historic Site, Sangamon County; 26 Vachel Lindsay Home, Sangamon County; 27 Vandalia State House State Historic Site, Fayette County; 28 and 29 Washburne House State Historic Site, Jo Daviess County. 30 State Memorials 31 Campbell's Island State Memorial, Rock Island County; 32 Governor Bond State Memorial, Randolph County; 33 Governor Coles State Memorial, Madison County; 34 Governor Horner State Memorial, Cook County; HB3307 Engrossed -3- LRB9204566MWpc 1 Governor Small State Memorial, Kankakee County; 2 Illinois Vietnam Veterans State Memorial, Sangamon 3 County; 4 Kaskaskia Bell State Memorial, Randolph County; 5 Korean War Memorial, Sangamon County; 6 Lewis and Clark State Memorial, Madison County; 7 Lincoln Monument State Memorial, Lee County; 8 Lincoln Trail State Memorial, Lawrence County; 9 Lovejoy State Memorial, Madison County; 10 Norwegian Settlers State Memorial, LaSalle County; and 11 Wild Bill Hickok State Memorial, LaSalle County. 12 Miscellaneous Properties 13 Albany Mounds, Whiteside County; 14 Emerald Mound, St. Clair County; 15 Halfway Tavern, Marion County; 16 Hofmann Tower, Cook County; and 17 Kincaid Mounds, Massac and Pope Counties. 18 (Source: P.A. 89-231, eff. 1-1-96; 89-324, eff. 8-13-95; 19 90-760, eff. 8-14-98.) 20 (20 ILCS 3405/16) (from Ch. 127, par. 2716) 21 Sec. 16. The Agency shall have the following additional 22 powers: 23 (a) To hire agents and employees necessary to carry out 24 the duties and purposes of the Agency. 25 (b) To take all measures necessary to erect, maintain, 26 preserve, restore, and conserve all State Historic Sites and 27 State Memorials, except when supervision and maintenance is 28 otherwise provided by law. This authorization includes the 29 power to enter into contracts, acquire and dispose of real 30 and personal property, and enter into leases of real and 31 personal property. 32 (c) To provide recreational facilities including camp 33 sites, lodges and cabins, trails, picnic areas and related HB3307 Engrossed -4- LRB9204566MWpc 1 recreational facilities at all sites under the jurisdiction 2 of the Agency. 3 (d) To lay out, construct and maintain all needful 4 roads, parking areas, paths or trails, bridges, camp or lodge 5 sites, picnic areas, lodges and cabins, and any other 6 structures and improvements necessary and appropriate in any 7 State historic site or easement thereto; and to provide water 8 supplies, heat and light, and sanitary facilities for the 9 public and living quarters for the custodians and keepers of 10 State historic sites. 11 (e) To grant licenses and rights-of-way within the areas 12 controlled by the Agency for the construction, operation and 13 maintenance upon, under or across the property, of facilities 14 for water, sewage, telephone, telegraph, electric, gas, or 15 other public service, subject to the terms and conditions as 16 may be determined by the Agency. 17 (f) To authorize the officers, employees and agents of 18 the Agency, for the purposes of investigation and to exercise 19 the rights, powers, and duties vested and that may be vested 20 in it, to enter and cross all lands and waters in this State, 21 doing no damage to private property. 22 (g) To transfer jurisdiction of or exchange any realty 23 under the control of the Agency to any other Department of 24 the State Government, or to any agency of the Federal 25 Government, or to acquire or accept Federal lands, when any 26 transfer, exchange, acquisition or acceptance is advantageous 27 to the State and is approved in writing by the Governor. 28 (h) To erect, supervise, and maintain all public 29 monuments and memorials erected by the State, except when the 30 supervision and maintenance of public monuments and memorials 31 is otherwise provided by law. 32 (i) To accept, hold, maintain, and administer, as 33 trustee, property given in trust for educational or historic 34 purposes for the benefit of the People of the State of HB3307 Engrossed -5- LRB9204566MWpc 1 Illinois and to dispose of any property under the terms of 2 the instrument creating the trust. 3 (j) To lease concessions on any property under the 4 jurisdiction of the Agency for a period not exceeding 25 5 years and to lease a concession complex at Lincoln's New 6 Salem State Historic Site for which a cash incentive has been 7 authorized under Section 5.1 of the Historic Preservation 8 Agency Act for a period not to exceed 40 years. All leases, 9 for whatever period, shall be made subject to the written 10 approval of the Governor. All concession leases extending 11 for a period in excess of 10 years, will contain provisions 12 for the Agency to participate, on a percentage basis, in the 13 revenues generated by any concession operation. 14 (k) To sell surplus agricultural products grown on land 15 owned by or under the jurisdiction of the Agency, when the 16 products cannot be used by the Agency. 17 (l) To enforce the laws of the State and the rules and 18 regulations of the Agency in or on any lands owned, leased, 19 or managed by the Agency. 20 (m) To cooperate with private organizations and agencies 21 of the State of Illinois by providing areas and the use of 22 staff personnel where feasible for the sale of publications 23 on the historic and cultural heritage of the State and craft 24 items made by Illinois craftsmen. These sales shall not 25 conflict with existing concession agreements. The Agency is 26 authorized to negotiate with the organizations and agencies 27 for a portion of the monies received from sales to be 28 returned to the Agency's Historic Sites Fund for the 29 furtherance of interpretive and restoration programs. 30 (n) To establish local bank or savings and loan 31 association accounts, upon the written authorization of the 32 Director, to temporarily hold income received at any of its 33 properties. The local accounts established under this Section 34 shall be in the name of the Historic Preservation Agency and HB3307 Engrossed -6- LRB9204566MWpc 1 shall be subject to regular audits. The balance in a local 2 bank or savings and loan association account shall be 3 forwarded each week to the Agency for deposit with the State 4 Treasurer when on Monday of thateachweekifthe amount to 5 be deposited in a fund exceeds $500. 6 No bank or savings and loan association shall receive 7 public funds as permitted by this Section, unless it has 8 complied with the requirements established under Section 6 of 9 the Public Funds Investment Act. 10 (o) To accept offers of gifts, gratuities, or grants 11 from the federal government, its agencies, or offices, or 12 from any person, firm, or corporation. 13 (p) To make reasonable rules and regulations as may be 14 necessary to discharge the duties of the Agency. 15 (q) With appropriate cultural organizations, to further 16 and advance the goals of the Agency. 17 (r) To make grants for the purposes of planning, survey, 18 rehabilitation, restoration, reconstruction, landscaping, and 19 acquisition of Illinois properties (i) designated 20 individually in the National Register of Historic Places, 21 (ii) designated as a landmark under a county or municipal 22 landmark ordinance, or (iii) located within a National 23 Register of Historic Places historic district or a locally 24 designated historic district when the Director determines 25 that the property is of historic significance whenever an 26 appropriation is made therefor by the General Assembly or 27 whenever gifts or grants are received for that purpose and to 28 promulgate regulations as may be necessary or desirable to 29 carry out the purposes of the grants. 30 Grantees may, as prescribed by rule, be required to 31 provide matching funds for each grant. Grants made under 32 this subsection shall be known as Illinois Heritage Grants. 33 Every owner of a historic property, or the owner's agent, 34 is eligible to apply for a grant under this subsection. HB3307 Engrossed -7- LRB9204566MWpc 1 (s) To establish and implement a pilot program for 2 charging admission to State historic sites. Fees may be 3 charged for special events, admissions, and parking or any 4 combination; fees may be charged at all sites or selected 5 sites. All fees shall be deposited into the Illinois Historic 6 Sites Fund. The Agency shall have the discretion to set and 7 adjust reasonable fees at the various sites, taking into 8 consideration various factors including but not limited to: 9 cost of services furnished to each visitor, impact of fees on 10 attendance and tourism and the costs expended collecting the 11 fees. The Agency shall keep careful records of the income 12 and expenses resulting from the imposition of fees, shall 13 keep records as to the attendance at each historic site, and 14 shall report to the Governor and General Assembly by January 15 31 after the close of each year. The report shall include 16 information on costs, expenses, attendance, comments by 17 visitors, and any other information the Agency may believe 18 pertinent, including: 19 (1) Recommendations as to whether fees should be 20 continued at each State historic site. 21 (2) How the fees should be structured and imposed. 22 (3) Estimates of revenues and expenses associated 23 with each site. 24 In the final report to be filed by January 31, 1996, the 25 Agency shall include recommendations as to whether fees 26 should be charged at State historic sites and if so how the 27 fees should be structured and imposed and estimates of 28 revenues and expenses associated with any recommended fees. 29 (t) To provide for overnight tent and trailer campsites 30 and to provide suitable housing facilities for student and 31 juvenile overnight camping groups. The Agency shall charge 32 the same rates charged by the Department of Conservation for 33 the same or similar facilities and services. 34 (u) To engage in marketing activities designed to HB3307 Engrossed -8- LRB9204566MWpc 1 promote the sites and programs administered by the Agency. 2 In undertaking these activities, the Agency may take all 3 necessary steps with respect to products and services, 4 including but not limited to retail sales, wholesale sales, 5 direct marketing, mail order sales, telephone sales, 6 advertising and promotion, purchase of product and materials 7 inventory, design, printing and manufacturing of new 8 products, reproductions, and adaptations, copyright and 9 trademark licensing and royalty agreements, and payment of 10 applicable taxes. In addition, the Agency shall have the 11 authority to sell advertising in its publications and printed 12 materials. All income from marketing activities shall be 13 deposited into the Illinois Historic Sites Fund. 14 (Source: P.A. 91-202, eff. 1-1-00.) 15 Section 10. The Illinois Historic Preservation Act is 16 amended by changing Sections 2 and 4 as follows: 17 (20 ILCS 3410/2) (from Ch. 127, par. 133d2) 18 Sec. 2. As used in this Act: 19 (a) "Council" means the Illinois Historic Sites Advisory 20 Council; 21 (b) "Demolish" means raze, reconstruct or substantially 22 alter; 23 (c) "Agency" means the Historic Preservation Agency; 24 (d) "Director" means the Director of Historic 25 Preservation who will serve as the State Historic 26 Preservation Officer; 27 (e) "Place" means (1) any parcel or contiguous grouping 28 of parcels of real estate under common or related ownership 29 or control, where any significant improvements are at least 30 40 years old, or (2) any aboriginal mound, fort, earthwork, 31 village, location, burial ground, historic or prehistoric 32 ruin, mine case or other location which is or may be the HB3307 Engrossed -9- LRB9204566MWpc 1 source of important archeological data; Land 2 (f) (Blank)."Registered Illinois Historic Place" means3any place listed on the "Illinois Register of Historic4Places" pursuant to Section 6 of this Act;5 (g) "Person" means any natural person, partnership, 6 corporation, trust, estate, association, body politic, 7 agency, or unit of government and its legal representatives, 8 agents, or assigns.; and9(h) "Municipal Preservation Agency" means any agency10described in Section 11-48.2-3 of the "Illinois Municipal11Code", as now or hereafter amended, or any agency with12similar authority created by a municipality under Article13VII, Section 6 of the Illinois Constitution.14(i) "Critical Historic Feature" means those physical and15environmental components which taken singly or together, make16a place eligible for designation as a Registered Illinois17Historic Place.18 (Source: P.A. 84-25.) 19 (20 ILCS 3410/4) (from Ch. 127, par. 133d4) 20 Sec. 4. In addition to those powers specifically granted 21 or necessary to perform the duties prescribed by this Act, 22 the Council shall have the following powers: 23 (a) to recommend nominations to the National Register of 24 Historic Places; 25 (b) (Blank).to nominate places to the Illinois Register26of Historic Places;27 (c) to recommend removal of places from the National 28 Register of Historic Places; and 29 (d) (Blank).to recommend removal of places from the30Illinois Register of Historic Places;31 (e) (Blank).to establish guidelines determining the32eligibility for listing and removing places on the Illinois33Register of Historic Places; andHB3307 Engrossed -10- LRB9204566MWpc 1 (f) to advise the Agency on matters pertaining to 2 historic preservation. 3 (Source: P.A. 84-25.) 4 (20 ILCS 3410/6 rep.) 5 (20 ILCS 3410/7 rep.) 6 (20 ILCS 3410/8 rep.) 7 (20 ILCS 3410/9 rep.) 8 (20 ILCS 3410/10 rep.) 9 (20 ILCS 3410/11 rep.) 10 (20 ILCS 3410/12 rep.) 11 (20 ILCS 3410/13 rep.) 12 (20 ILCS 3410/14 rep.) 13 Section 15. The Illinois Historic Preservation Act is 14 amended by repealing Sections 6 through 14. 15 (20 ILCS 3425/6 rep.) 16 Section 20. The State Historical Library Act is amended 17 by repealing Section 6. 18 Section 99. Effective date. This Act takes effect on 19 July 1, 2001.