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Public Act 102-1005 |
SB3108 Enrolled | LRB102 22926 CMG 32080 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Natural Resources Act is |
amended by changing Sections 1-25 and 20-10 as follows:
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(20 ILCS 801/1-25)
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Sec. 1-25. Powers of the State Museum.
In addition to its |
other powers and duties, the Department shall
have the |
following powers and duties which shall be performed by the
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State Museum:
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(1) To investigate and study the natural resources of |
the State and
to prepare printed reports and furnish |
information fundamental to the
conservation and |
development of natural resources and for that purpose
the |
officers and employees thereof may, pursuant to rule |
adopted by the
Department, enter and cross all lands in |
this State, doing
no damage to private property.
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(2) To cooperate with and advise departments having |
administrative
powers and duties relating to the natural |
resources of the State, and to
cooperate with similar |
departments in other states and with the United
States |
Government.
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(3) To cooperate with the Illinois State Academy of |
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Science and to
publish a suitable number of the results of |
the investigations and
research in the field of natural |
science to the end that the same may be
distributed to the |
interested public.
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(4) To maintain a State Museum, and to collect and |
preserve objects
of scientific and artistic value, |
representing past and present fauna
and flora, the life |
and work of man, geological history, natural
resources, |
and the manufacturing and fine arts; to interpret for and
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educate the public concerning the foregoing.
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(5) To cooperate with the Illinois State Museum |
Society for the
mutual benefit of the Museum and the |
Society, with the Museum furnishing
necessary space for |
the Society to carry on its functions and keep its
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records, and, upon the recommendation of the Museum |
Director with the
approval of the Board of State Museum |
Advisors and the Director of the
Department, to enter into |
agreements with the Illinois State Museum
Society for the |
operation of a sales counter and other concessions for
the |
mutual benefit of the Museum and the Society.
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(6) To accept grants of property and to hold property |
to be
administered as part of the State Museum for the |
purpose of
preservation, research of interpretation of |
significant areas within the
State for the purpose of |
preserving, studying and interpreting
archaeological and |
natural phenomena.
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(7) To contribute to and support the operations, |
programs
and capital development of public museums in this |
State.
For the purposes of this Section, "public museum" |
means a facility: (A) that
is operating for the purposes |
of promoting cultural development
through
special |
activities or programs or through performing arts that are
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performed in an indoor setting, and acquiring,
conserving, |
preserving,
studying, interpreting, enhancing, and in |
particular, organizing and
continuously exhibiting |
specimens, artifacts, articles, documents and
other things |
of historical, anthropological, archaeological, |
industrial,
scientific or artistic import, to the public |
for its instruction and
enjoyment, and (B) that either (i) |
is operated by or located upon land
owned by a unit of |
local
government
or (ii) is a museum that has an annual |
attendance of at least
150,000 and
offers educational |
programs to school groups during school hours.
A museum is |
eligible to receive funds for capital development under
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this subdivision (7)
only if it is operated by or located |
upon land owned by a unit of local
government or if it is |
certified by a unit of local
government in
which it is |
located as a public museum meeting the criteria of this |
Section.
Recipients of funds for capital development under
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this subdivision (7) shall match State funds with local or |
private funding
according to the following:
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(a) for a public museum with an attendance of |
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300,000 or less during the
preceding calendar year, no |
match is required;
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(b) for a public museum with an attendance of over |
300,000 but less than
600,000 during the preceding |
calendar year, the match must be at a ratio of $1
from |
local and
private funds for every $1 in State funds; |
and
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(c) for a public museum with an attendance of over |
600,000 during the
preceding calendar year, the match |
must be at a ratio of $2 from local and
private funds |
for every
$1 in State funds.
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The Department shall formulate rules and regulations |
relating to the
allocation of any funds appropriated by |
the General Assembly for the
purpose of contributing to |
the support of public museums in this State.
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(8) To perform all other duties and assume all |
obligations of the former
Department of Energy and Natural |
Resources and the former Department of
Registration and |
Education pertaining to the State Museum.
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(9) To work in collaboration with the Division of |
Historic Preservation of the Department in the exercise of |
all the rights, powers, and duties conferred upon the |
Department under the Historic Preservation Act. |
(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)
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(20 ILCS 801/20-10)
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Sec. 20-10. Board of the Illinois State Museum.
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(a) Within the Department there shall be a Board of the |
Illinois State
Museum, composed of 11 persons, one of whom |
shall be a senior citizen age 60 or
over. The Board shall be |
composed of 9 representatives of the natural
sciences, |
anthropology, art, and business, qualified by at least 10 |
years of
experience in practicing or teaching their several |
professions; one senior
citizen; and the Director of Natural |
Resources or the Director's designee.
Members of the Board |
shall be appointed by the Governor with the advice and
consent |
of the Senate and shall serve for 2-year terms.
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The transfer of the Board to the Department under this Act |
does not terminate
or otherwise affect the term of membership |
of any member of the Board, except
that the former Director of |
Energy and Natural Resources is replaced by the
Director of |
Natural Resources.
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(b) The Board shall:
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(1) advise the Director of the Department in all |
matters pertaining to
maintenance, extension and |
usefulness of the Illinois State Museum;
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(2) make recommendations concerning the appointment of |
a new museum
director whenever a vacancy occurs in that |
position; and
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(3) (blank);
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(4) review the budget and approve budget requests of |
the Illinois State
Museum and make recommendations with |
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reference thereto to the Governor through
the Director of |
the Department.
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(c) (Blank).
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(Source: P.A. 102-303, eff. 1-1-22 .)
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Section 10. The Historic Preservation Act is amended by |
changing Sections 4.5, 5.1, 6, 11, 12, 13, 14, 15, and 16 and |
by adding Section 4.6 as follows: |
(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 Office of Land Management shall be created exercise |
all
rights, powers, and duties
vested in the Historic Sites |
and
Preservation Division . 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 under this |
Act , subject to the Personnel Code and any other applicable |
Department policies.
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(Source: P.A. 100-695, eff. 8-3-18; 101-81, eff. 7-12-19.) |
(20 ILCS 3405/4.6 new) |
Sec. 4.6. Interagency collaboration. The Division of |
Historic Preservation of the Department and the Illinois State |
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Museum shall collaborate and assist the Department in the |
exercise of all the rights, powers, and duties conferred upon |
the Department by this Act.
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(20 ILCS 3405/5.1) (from Ch. 127, par. 2705.1)
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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
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(renumbered; now Section 805-315 of the Department of Natural |
Resources
(Conservation) Law, 20 ILCS 805/805-315)
to offer a
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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
Historic Sites and Preservation Division of the |
Historic
Preservation Agency .
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(Source: P.A. 91-239, eff. 1-1-00; 92-600, eff. 7-1-02.)
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(20 ILCS 3405/6) (from Ch. 127, par. 2706)
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Sec. 6. Jurisdiction. The Historic Sites Division of the |
Department shall have
jurisdiction over the
following
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described areas which are
hereby designated as State Historic |
Sites, State Memorials, and
Miscellaneous Properties. These |
sites have been deemed to have a State, national, or |
international level of historical significance and the |
stewardship and caretaking responsibilities to protect and |
promote are hereby bestowed upon the Department:
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State Historic Sites
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Albany Mounds State Historic Site, Whiteside County; |
Apple River Fort State Historic Site, Jo Daviess JoDaviess |
County; |
Bishop Hill State Historic Site, Henry County;
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Black Hawk State Historic Site, Rock Island County;
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Bryant Cottage State Historic Site, Piatt County;
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Cahokia Courthouse State Historic Site, St. Clair County;
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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);
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Crenshaw House State Historic Site, Gallatin County; |
Dana-Thomas House State Historic Site, Sangamon County;
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David Davis Mansion State Historic Site, McLean County;
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Douglas Tomb State Historic Site, Cook County;
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Fort de Chartres State Historic Site, Randolph County;
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Fort Kaskaskia State Historic Site, Randolph County;
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Grand Village of the Illinois, LaSalle County;
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U. S. Grant Home State Historic Site, Jo Daviess County;
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Hotel Florence, Cook County;
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Jarrot Mansion State Historic Site, St. Clair County;
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Jubilee College State Historic Site, Peoria County; |
Kincaid Mounds State Historic Site, Massac and Pope |
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Counties; |
Lewis and Clark State Historic Site, Madison County;
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Lincoln-Herndon Law Offices State Historic Site, Sangamon |
County;
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Lincoln Log Cabin State Historic Site, Coles County;
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Lincoln's New Salem State Historic Site, Menard County;
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Lincoln Tomb State Historic Site, Sangamon County; |
Martin Boismenue House State Historic Site, St. Clair |
County;
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Pierre Menard Home State Historic Site, Randolph County;
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Metamora Courthouse State Historic Site, Woodford County;
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Moore Home State Historic Site, Coles County;
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Mount Pulaski Courthouse State Historic Site, Logan |
County;
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Old Market House State Historic Site, Jo Daviess County;
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Old State Capitol State Historic Site, Sangamon County;
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Postville Courthouse State Historic Site, Logan County;
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Pullman Factory, Cook County;
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Rose Hotel, Hardin County;
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Carl Sandburg State Historic Site, Knox County;
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Shawneetown Bank State Historic Site, Gallatin County;
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Vachel Lindsay Home, Sangamon County;
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Vandalia State House State Historic Site, Fayette County; |
and
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Washburne House State Historic Site, Jo Daviess County.
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State Memorials
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Buel House, Pope County; |
Campbell's Island State Memorial, Rock Island County;
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Governor Bond State Memorial, Randolph County;
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Governor Coles State Memorial, Madison County;
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Governor Horner State Memorial, Cook County;
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Governor Small State Memorial, Kankakee County;
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Illinois Vietnam Veterans State Memorial, Sangamon County;
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Kaskaskia Bell State Memorial, Randolph County;
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Korean War Memorial, Sangamon County;
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Lincoln Monument State Memorial, Lee County;
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Lincoln Trail State Memorial, Lawrence County;
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Lovejoy State Memorial, Madison County;
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Norwegian Settlers State Memorial, LaSalle County;
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Wild Bill Hickok State Memorial, LaSalle County; and |
World War II Veterans Memorial, Sangamon County.
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Miscellaneous Properties
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Emerald Mound, St. Clair County;
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Halfway Tavern, Marion County; and
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Hofmann Tower, Cook County.
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(Source: P.A. 102-246, eff. 1-1-22 .)
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(20 ILCS 3405/11) (from Ch. 127, par. 2711)
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Sec. 11.
The Historic Sites and Preservation Division of |
the Department
shall exercise all
rights, powers and duties
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vested in the Department of Conservation by the "Illinois |
Historic
Preservation Act", approved August 14, 1976, as |
amended.
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(Source: P.A. 100-695, eff. 8-3-18.)
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(20 ILCS 3405/12) (from Ch. 127, par. 2712)
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Sec. 12.
The Historic Sites and Preservation Division of |
the Department
shall exercise all
rights, powers and duties
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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).
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(Source: P.A. 100-695, eff. 8-3-18.)
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(20 ILCS 3405/13) (from Ch. 127, par. 2713)
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Sec. 13.
The Historic Sites and Preservation Division of |
the Department
shall exercise all
rights, powers and duties
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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
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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 |
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interests of the State.
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(Source: P.A. 100-695, eff. 8-3-18.)
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(20 ILCS 3405/14) (from Ch. 127, par. 2714)
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Sec. 14.
The Historic Sites and Preservation Division of |
the Department
shall exercise all
rights,
powers and duties |
set forth
in Sections 10-40 through 10-85 of the Property Tax |
Code.
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(Source: P.A. 100-695, eff. 8-3-18.)
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(20 ILCS 3405/15) (from Ch. 127, par. 2715)
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Sec. 15.
The Historic Sites and Preservation Division of |
the Department
shall exercise all
rights, powers and duties
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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.
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(Source: P.A. 100-695, eff. 8-3-18.)
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(20 ILCS 3405/16) (from Ch. 127, par. 2716)
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Sec. 16. The Historic Sites and Preservation Division of |
the Department
shall have the following
additional powers:
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(a) To hire agents and employees necessary to carry |
out the duties and
purposes of this Act the Historic Sites |
and Preservation Division of the Department .
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(b) To take all measures necessary to erect, maintain, |
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preserve, restore,
and conserve all State Historic Sites |
and State Memorials, except when
supervision and |
maintenance is otherwise provided by law. This
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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.
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(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.
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(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.
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(e) To grant licenses and rights-of-way within the |
areas controlled
by the Historic Sites and Preservation |
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Division of the Department for the
construction, |
operation,
and maintenance upon,
under or across the |
property, of facilities for water, sewage, telephone,
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telegraph, electric, gas, or other public service, subject |
to the terms and
conditions as may be determined by the |
Department.
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(f) To authorize the officers, employees, and agents |
of the Historic Sites
and Preservation
Division 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.
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(g) To transfer jurisdiction of or exchange any realty |
under the
control of the Historic Sites and Preservation |
Division 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
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advantageous to the State and is approved in writing by |
the Governor.
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(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.
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(i) To accept, hold, maintain, and administer, as |
trustee, property given
in trust for educational or |
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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.
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(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.
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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 |
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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.
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(k) To sell surplus agricultural products grown on |
land owned by or
under the jurisdiction of the Historic |
Sites and Preservation Division of
the Department, when |
the
products cannot be used
by the Department.
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(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 Historic Sites and
Preservation
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Division of the Department.
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(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
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sales shall not conflict with existing concession |
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agreements. The
Historic Sites and Preservation Division |
of the Department is authorized to
negotiate with the
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organizations and
agencies for a portion of the monies |
received from sales to be returned
to the Historic Sites |
and Preservation Division of the Department's Historic
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Sites Fund
for the
furtherance of interpretive
and |
restoration programs.
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(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.
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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.
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(o) To accept offers of gifts,
gratuities, or grants |
from the federal
government, its agencies, or offices, or |
from any person, firm, or
corporation.
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(p) To make reasonable rules and regulations as may be |
necessary to
discharge the duties of the Department.
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(q) With appropriate cultural organizations, to |
further and advance the
goals of the Department.
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(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.
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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.
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Every owner of a historic property, or the owner's |
agent, is eligible to
apply for a grant under this |
subsection.
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(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 |
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combination; fees may be charged at all sites or selected |
sites.
All fees shall be deposited into the Illinois |
Historic Sites Fund. The
Historic Sites and Preservation |
Division of 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:
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(1) Recommendations as to whether fees should be |
continued at each State
historic site.
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(2) How the fees should be structured and imposed.
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(3) Estimates of revenues and expenses associated |
with each site.
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(t) To provide for overnight tent and trailer |
campsites and to provide
suitable housing facilities for |
student and juvenile overnight camping
groups. The |
Historic Sites and Preservation Division of the Department |
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shall
charge rates similar to those
charged by the |
Department
for the same or similar facilities and |
services.
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(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
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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.
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(Source: P.A. 99-642, eff. 7-28-16; 100-695, eff. 8-3-18.)
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Section 15. The Illinois State Agency Historic Resources |
Preservation Act is amended by changing Section 5 as follows:
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(20 ILCS 3420/5) (from Ch. 127, par. 133c25)
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Sec. 5. Responsibilities of the Department of Natural |
Resources ,
Division of Historic Preservation . |
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(a) The Director shall include in the Department's
annual |
report an outline of State agency actions on which comment
was |
requested or issued under this Act.
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(b) The Director shall maintain a current list of all |
historic resources
owned, operated, or leased by the State and |
appropriate maps indicating the
location of all such |
resources. These maps shall be in a form available to
the |
public and State agencies, except that the location of |
archaeological
resources shall be excluded.
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(c) The Director shall make rules and issue appropriate |
guidelines to
implement this Act. These shall include, but not |
be limited to,
regulations for holding on-site inspections, |
public information meetings
and procedures for consultation, |
mediation, and resolutions by the
Committee pursuant to |
subsections (e) and (f) of Section 4.
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(d) The Director shall (1) assist, to the fullest extent |
possible, the
State agencies in their identification of |
properties for inclusion in an
inventory of historic |
resources, including provision of criteria for
evaluation; (2) |
provide information concerning professional methods and
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techniques for preserving, improving, restoring, and |
maintaining historic
resources when requested by State |
agencies; and (3) help facilitate State
agency compliance with |
this Act.
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(e) The Director shall monitor the implementation of |
actions of each
State agency which have an effect, either |
|
adverse or beneficial, on an
historic resource.
|
(f) The Department of Natural Resources shall manage and |
control the preservation, conservation,
inventory,
and |
analysis of fine and decorative arts, furnishings, and |
artifacts of the
Illinois Executive
Mansion in Springfield, |
the Governor's offices in the Capitol in Springfield
and the |
James
R. Thompson Center in Chicago, and the Hayes House in |
DuQuoin.
The Department of Natural Resources shall manage the |
preservation and conservation of the
buildings and
grounds of |
the Illinois Executive Mansion in Springfield.
The Governor |
shall appoint a
Curator
of the Executive Mansion, with the |
advice and consent of the Senate, to assist
the Department of |
Natural Resources in
carrying
out the duties under this item |
(f).
The person
appointed Curator must have experience in |
historic preservation or as a
curator.
The Curator shall serve |
at the pleasure of the Governor.
The Governor shall determine |
the compensation of the Curator, which shall not
be diminished |
during the term of appointment.
|
(Source: P.A. 100-695, eff. 8-3-18.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|