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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Historic Preservation Agency Act is amended | |||||||||||||||||||
5 | by changing Section 16 as follows:
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6 | (20 ILCS 3405/16) (from Ch. 127, par. 2716)
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7 | Sec. 16. The Historic Sites and Preservation Division of | |||||||||||||||||||
8 | the Agency
shall have the following
additional powers:
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9 | (a) To hire agents and employees necessary to carry out the | |||||||||||||||||||
10 | duties and
purposes of the Historic Sites and Preservation | |||||||||||||||||||
11 | Division of the Agency.
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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, with the consent of the Board, to enter
into contracts, | |||||||||||||||||||
17 | acquire and
dispose of real and personal property, and enter | |||||||||||||||||||
18 | into leases of real and
personal property. The Agency has the | |||||||||||||||||||
19 | power to acquire, for purposes authorized by law, any real | |||||||||||||||||||
20 | property in fee simple subject to a life estate in the seller | |||||||||||||||||||
21 | in not more than 3 acres of the real property acquired, subject | |||||||||||||||||||
22 | to the restrictions that the life estate shall be used for | |||||||||||||||||||
23 | residential purposes only and that it shall be |
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1 | non-transferable.
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2 | (c) To provide recreational facilities including camp | ||||||
3 | sites, lodges and
cabins, trails, picnic areas and related | ||||||
4 | recreational facilities at all
sites under the jurisdiction of | ||||||
5 | the Agency.
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6 | (d) To lay out, construct and maintain all needful roads, | ||||||
7 | parking areas,
paths or trails, bridges, camp or lodge sites, | ||||||
8 | picnic areas, lodges and
cabins, and any other structures and | ||||||
9 | improvements necessary and appropriate
in any State historic | ||||||
10 | site or easement thereto; and to provide water
supplies, heat | ||||||
11 | and light, and sanitary facilities for the public and living
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12 | quarters for the custodians and keepers of State historic | ||||||
13 | sites.
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14 | (e) To grant licenses and rights-of-way within the areas | ||||||
15 | controlled
by the Historic Sites and Preservation Division of | ||||||
16 | the Agency for the
construction, operation
and maintenance | ||||||
17 | upon,
under or across the property, of facilities for water, | ||||||
18 | sewage, telephone,
telegraph, electric, gas, or other public | ||||||
19 | service, subject to the terms and
conditions as may be | ||||||
20 | determined by the Agency.
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21 | (f) To authorize the officers, employees and agents of the | ||||||
22 | Historic Sites
and Preservation
Division of the Agency,
for the | ||||||
23 | purposes of investigation and to exercise the rights,
powers, | ||||||
24 | and duties vested and that may be vested in it, to enter and | ||||||
25 | cross
all lands and waters in this State, doing no damage to | ||||||
26 | private property.
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1 | (g) To transfer jurisdiction of or exchange any realty | ||||||
2 | under the
control of the Historic Sites and Preservation | ||||||
3 | Division of the Agency to
any other Department of
the State | ||||||
4 | Government,
or to any agency of the Federal Government, or to | ||||||
5 | acquire or accept Federal
lands, when any transfer, exchange, | ||||||
6 | acquisition or acceptance is
advantageous to the State and is | ||||||
7 | approved in writing by the Governor.
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8 | (h) To erect, supervise, and maintain all public monuments | ||||||
9 | and memorials
erected by the State, except when the supervision | ||||||
10 | and maintenance of
public monuments and memorials is otherwise | ||||||
11 | provided by law.
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12 | (i) To accept, hold, maintain, and administer, as trustee, | ||||||
13 | property given
in trust for educational or historic purposes | ||||||
14 | for the benefit of the People
of the State of Illinois and to | ||||||
15 | dispose, with the consent of the Board, of
any property under | ||||||
16 | the terms of the
instrument creating the trust.
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17 | (j) To lease concessions on any property under the | ||||||
18 | jurisdiction of the
Agency for a period not exceeding 25 years | ||||||
19 | and to lease a concession
complex at Lincoln's New Salem State | ||||||
20 | Historic Site for which a cash
incentive has been authorized | ||||||
21 | under Section 5.1 of the Historic
Preservation Agency Act for a | ||||||
22 | period not to exceed 40 years. All
leases, for whatever period, | ||||||
23 | shall be made subject to the written approval
of the Governor. | ||||||
24 | All concession leases extending for a period in excess of
10 | ||||||
25 | years, will contain provisions for the Agency to participate, | ||||||
26 | on a
percentage basis, in the revenues generated by any |
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1 | concession operation.
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2 | The Agency is authorized to allow for provisions for a | ||||||
3 | reserve account and a leasehold account within Agency | ||||||
4 | concession lease agreements for the purpose of setting aside | ||||||
5 | revenues for the maintenance, rehabilitation, repair, | ||||||
6 | improvement, and replacement of the concession facility, | ||||||
7 | structure, and equipment of the Agency that are part of the | ||||||
8 | leased premises. | ||||||
9 | The lessee shall be required to pay into the reserve | ||||||
10 | account a percentage of gross receipts, as set forth in the | ||||||
11 | lease, to be set aside and expended in a manner acceptable to | ||||||
12 | the Agency by the concession lessee for the purpose of ensuring | ||||||
13 | that an appropriate amount of the lessee's moneys are provided | ||||||
14 | by the lessee to satisfy the lessee's incurred responsibilities | ||||||
15 | for the operation of the concession facility under the terms | ||||||
16 | and conditions of the concession lease. | ||||||
17 | The lessee account shall allow for the amortization of | ||||||
18 | certain authorized expenses that are incurred by the concession | ||||||
19 | lessee but that are not an obligation of the lessee under the | ||||||
20 | terms and conditions of the lease agreement. The Agency may | ||||||
21 | allow a reduction of up to 50% of the monthly rent due for the | ||||||
22 | purpose of enabling the recoupment of the lessee's authorized | ||||||
23 | expenditures during the term of the lease.
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24 | (k) To sell surplus agricultural products grown on land | ||||||
25 | owned by or
under the jurisdiction of the Historic Sites and | ||||||
26 | Preservation Division of
the Agency, when the
products cannot |
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1 | be used
by the Agency.
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2 | (l) To enforce the laws of the State and the rules and | ||||||
3 | regulations of the
Agency in or on any lands owned, leased, or | ||||||
4 | managed by the Historic Sites and
Preservation
Division of the | ||||||
5 | Agency.
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6 | (m) To cooperate with private organizations and agencies of | ||||||
7 | the
State of Illinois by providing areas and the use of staff | ||||||
8 | personnel
where feasible for the sale of publications on the | ||||||
9 | historic and cultural
heritage of the State and craft items | ||||||
10 | made by Illinois craftsmen. These
sales shall not conflict with | ||||||
11 | existing concession agreements. The
Historic Sites and | ||||||
12 | Preservation Division of the Agency is authorized to
negotiate | ||||||
13 | with the
organizations and
agencies for a portion of the monies | ||||||
14 | received from sales to be returned
to the Historic Sites and | ||||||
15 | Preservation Division of the Agency's Historic
Sites Fund
for | ||||||
16 | the
furtherance of interpretive
and restoration programs.
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17 | (n) To establish local bank or savings and loan association
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18 | accounts, upon the written authorization of the Director, to | ||||||
19 | temporarily
hold income received at any of its properties. The | ||||||
20 | local accounts
established under this Section shall be in the | ||||||
21 | name of the Historic
Preservation Agency and shall be subject | ||||||
22 | to regular audits. The balance in
a local bank or savings and | ||||||
23 | loan association account shall be forwarded to
the Agency for | ||||||
24 | deposit with the State Treasurer on Monday of each week if
the | ||||||
25 | amount to be deposited in a fund exceeds $500.
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26 | No bank or savings and loan association shall receive |
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1 | public funds as
permitted by this Section, unless it has | ||||||
2 | complied with the requirements
established under Section 6 of | ||||||
3 | the Public Funds Investment Act.
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4 | (o) To accept, with the consent of the Board, offers of | ||||||
5 | gifts,
gratuities, or grants from the federal
government, its | ||||||
6 | agencies, or offices, or from any person, firm, or
corporation.
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7 | (p) To make reasonable rules and regulations as may be | ||||||
8 | necessary to
discharge the duties of the Agency.
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9 | (q) With appropriate cultural organizations, to further | ||||||
10 | and advance the
goals of the Agency.
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11 | (r) To make grants for the purposes of planning, survey, | ||||||
12 | rehabilitation,
restoration, reconstruction, landscaping, and | ||||||
13 | acquisition of Illinois
properties (i) designated individually | ||||||
14 | in the National
Register of Historic Places, (ii) designated as | ||||||
15 | a landmark under a county or
municipal landmark ordinance, or | ||||||
16 | (iii) located within a National Register of
Historic Places | ||||||
17 | historic district or a locally designated historic district
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18 | when the Director determines that the property is of historic | ||||||
19 | significance
whenever an
appropriation is made therefor by the | ||||||
20 | General Assembly or whenever gifts or
grants are received for | ||||||
21 | that purpose and to promulgate
regulations as may be necessary | ||||||
22 | or desirable to carry out the purposes
of the grants.
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23 | Grantees may, as prescribed by rule, be required to provide | ||||||
24 | matching funds
for each grant. Grants made under this | ||||||
25 | subsection shall be known as Illinois
Heritage Grants.
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26 | Every owner of a historic property, or the owner's agent, |
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1 | is eligible to
apply for a grant under this subsection.
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2 | (s) To establish and implement a pilot program for charging | ||||||
3 | admission to
State historic sites. Fees may be charged for | ||||||
4 | special events, admissions, and
parking or any combination; | ||||||
5 | fees may be charged at all sites or selected sites.
All fees | ||||||
6 | shall be deposited into the Illinois Historic Sites Fund. The
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7 | Historic Sites and Preservation Division of the Agency
shall | ||||||
8 | have the discretion to set and adjust reasonable fees at the | ||||||
9 | various
sites, taking into consideration various factors | ||||||
10 | including but not limited to:
cost of services furnished to | ||||||
11 | each visitor, impact of fees on attendance and
tourism and the | ||||||
12 | costs expended collecting the fees. The
Agency shall keep
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13 | careful records of the income and expenses resulting from the | ||||||
14 | imposition of
fees, shall keep records as to the attendance at | ||||||
15 | each historic site, and shall
report to the Governor and | ||||||
16 | General Assembly by January 31 after the close of
each year. | ||||||
17 | The report shall include information on costs, expenses,
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18 | attendance, comments by visitors, and any other information the
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19 | Agency may
believe pertinent, including:
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20 | (1) Recommendations as to whether fees should be | ||||||
21 | continued at each State
historic site.
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22 | (2) How the fees should be structured and imposed.
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23 | (3) Estimates of revenues and expenses associated with | ||||||
24 | each site.
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25 | (t) To provide for overnight tent and trailer campsites and | ||||||
26 | to provide
suitable housing facilities for student and juvenile |
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1 | overnight camping
groups. The Historic Sites and Preservation | ||||||
2 | Division of the Agency shall
charge rates similar to those
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3 | charged by the Department
of Conservation for the same or | ||||||
4 | similar facilities and services.
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5 | (u) To engage in marketing activities designed to promote | ||||||
6 | the sites and
programs administered by the Agency. In
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7 | undertaking these activities, the
Agency may take all necessary | ||||||
8 | steps with respect
to products and services,
including but not | ||||||
9 | limited to retail sales, wholesale sales, direct marketing,
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10 | mail order sales, telephone sales, advertising and promotion, | ||||||
11 | purchase of
product and materials inventory, design, printing | ||||||
12 | and manufacturing of new
products, reproductions, and | ||||||
13 | adaptations, copyright and trademark licensing and
royalty | ||||||
14 | agreements, and payment of applicable taxes. In addition, the | ||||||
15 | Agency
shall have the authority to sell advertising in its | ||||||
16 | publications and printed
materials. All income from marketing
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17 | activities shall be deposited into the Illinois Historic Sites | ||||||
18 | Fund.
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19 | (Source: P.A. 91-202, eff. 1-1-00; 92-600, eff. 7-1-02.)
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