SB2897 99TH GENERAL ASSEMBLY

LRB099 20670 MJP 45281 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2897

Introduced 2/18/2016, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:

See Index

Amends the Historic Preservation Agency Act. Expands the list of State Historic Sites to include (i) Apple River Fort State Historic Site, Jo Daviess County; (ii) the Crenshaw House State Historic Site, Gallatin County; (iii) the Lewis and Clark State Historic Site, Madison County; (iv) the Martin Boismenue House State Historic Site, St. Clair County; and (v) the World War II Memorial, Sangamon County. Changes the name of the Amistad Commission to the Amistad and Freedom Trail Commission. Requires the Commission to prepare a master plan to promote and preserve the history of the African slave trade, slavery in America, the vestiges of slavery in this country, the freedom trail and underground railroad in the State, and the contributions of African-Americans to our society. Requires the Commission (i) to assist in developing partnerships to seek public and private funds to carry out events memorializing the freedom trail and underground railroad and (ii) to assist in and promote the making of applications for inclusion in the National Park Service's National Underground Railroad Network to Freedom Program. Makes changes to provisions concerning Commission members; the administration of the Lincoln Presidential Library; and the Office of the Internal Auditor of the Historic Preservation Agency. Repeals a provision creating the Freedom Trail Commission. Amends the Illinois Historic Preservation Act. Reduces the number of members on the Illinois Historic Sites Advisory Council from 15 to 11 and makes other changes. Amends the School Code. Changes a reference to "Amistad Commission" to "Amistad and Freedom Trail Commission. Repeals the Local Legacy Act. Amends the Fiscal Control and Internal Auditing Act. Expands the definition of "designated State agencies" to include the Historic Preservation Agency.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Historic Preservation Agency Act is amended by changing Sections 6, 22, 33, and 34 as follows:

(20 ILCS 3405/6) (from Ch. 127, par. 2706)

Sec. 6. Jurisdiction. The Historic Sites and Preservation Division of the Agency shall have jurisdiction over the following described areas which are hereby designated as State Historic Sites, State Memorials, and Miscellaneous Properties:

State Historic Sites

Apple River Fort State Historic Site, Jo Daviess County;

Bishop Hill State Historic Site, Henry County;

Black Hawk State Historic Site, Rock Island County;

Bryant Cottage State Historic Site, Piatt County;

Buel House, Pope County;

Cahokia Courthouse State Historic Site, St. Clair County;

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);

Crenshaw House State Historic Site, Gallatin County;

Dana-Thomas House State Historic Site, Sangamon County;

David Davis Mansion State Historic Site, McLean County;

Douglas Tomb State Historic Site, Cook County;

Fort de Chartres State Historic Site, Randolph County;

Fort Kaskaskia State Historic Site, Randolph County;

Grand Village of the Illinois, LaSalle County;

U. S. Grant Home State Historic Site, Jo Daviess County;

Hotel Florence, Cook County;

Jarrot Mansion State Historic Site, St. Clair County;

Jubilee College State Historic Site, Peoria County;

Lewis and Clark State Historic Site, Madison County;

Lincoln-Herndon Law Offices State Historic Site, Sangamon County;

Lincoln Log Cabin State Historic Site, Coles County;

Lincoln's New Salem State Historic Site, Menard County;

Lincoln Tomb State Historic Site, Sangamon County;

Pierre Menard Home State Historic Site, Randolph County;

Martin Boismenue House State Historic Site, St. Clair County;

Metamora Courthouse State Historic Site, Woodford County;

Moore Home State Historic Site, Coles County;

Mount Pulaski Courthouse State Historic Site, Logan County;

Old Market House State Historic Site, Jo Daviess County;

Old State Capitol State Historic Site, Sangamon County;

Postville Courthouse State Historic Site, Logan County;

Pullman Factory, Cook County;

Rose Hotel, Hardin County;

Carl Sandburg State Historic Site, Knox County;

Shawneetown Bank State Historic Site, Gallatin County;

Vachel Lindsay Home, Sangamon County;

Vandalia State House State Historic Site, Fayette County; and

Washburne House State Historic Site, Jo Daviess County.

State Memorials

Campbell's Island State Memorial, Rock Island County;

Governor Bond State Memorial, Randolph County;

Governor Coles State Memorial, Madison County;

Governor Horner State Memorial, Cook County;

Governor Small State Memorial, Kankakee County;

Illinois Vietnam Veterans State Memorial, Sangamon County;

Kaskaskia Bell State Memorial, Randolph County;

Korean War Memorial, Sangamon County;

Lewis and Clark State Memorial, Madison County;

Lincoln Monument State Memorial, Lee County;

Lincoln Trail State Memorial, Lawrence County;

Lovejoy State Memorial, Madison County;

Norwegian Settlers State Memorial, LaSalle County; and

Wild Bill Hickok State Memorial, LaSalle County; and .

World War II Memorial, Sangamon County.

Miscellaneous Properties

Albany Mounds, Whiteside County;

Emerald Mound, St. Clair County;

Halfway Tavern, Marion County;

Hofmann Tower, Cook County; and

Kincaid Mounds, Massac and Pope Counties.

(Source: P.A. 92-600, eff. 7-1-02.)

(20 ILCS 3405/22)

Sec. 22. Amistad and Freedom Trail Commission.

(a) Purpose. The General Assembly finds and declares that all people should know of and remember the human carnage and dehumanizing atrocities committed during the period of the African slave trade and slavery in America and of the vestiges of slavery in this country; and it is in fact vital to educate our citizens on these events, the legacy of slavery, the sad history of racism in this country, and the principles of human rights and dignity in a civilized society.

It is the policy of the State of Illinois that the history of the African slave trade, slavery in America, the underground railroad, the depth of their impact in our society, and the triumphs of African-Americans and their significant contributions to the development of this country is the proper concern of all people, particularly students enrolled in the schools of the State of Illinois.

It is therefore desirable to create a Commission that, as an organized body and on a continuous basis, will survey, design, encourage, and promote the implementation of education and awareness programs in Illinois that are concerned with the African slave trade, slavery in America, the vestiges of slavery in this country, the underground railroad, and the contributions of African-Americans in building our country; to develop workshops, institutes, seminars, and other teacher training activities designed to educate teachers on this subject matter; and that will be responsible for the coordination of events on a regular basis, throughout the State, that provide appropriate memorialization of the events concerning the enslavement of Africans and their descendants in America and their struggle for freedom, liberty, and equality.

(b) Amistad and Freedom Trail Commission. The Amistad and Freedom Trail Commission is created within the Agency. The Commission is named to honor the group of enslaved Africans transported in 1839 on a vessel named the Amistad who overthrew their captors and created an international incident that was eventually argued before the Supreme Court and that shed a growing light on the evils of the slave trade and galvanized a growing abolitionist movement towards demanding the end of slavery in the United States.

(c) Membership. The Commission shall consist of 15 members, including 3 ex officio members: the State Superintendent of Education or his or her designee, the Director of Commerce and Economic Opportunity or his or her designee, and the Director of Historic Sites and Preservation or his or her designee; and 12 public members. Public members shall be appointed as follows:

(i) 2 members appointed by the President of the Senate and one member appointed by the Minority Leader of the Senate;

(ii) 2 members appointed by the Speaker of the House of Representatives and one member appointed by the Minority Leader of the House of Representatives; and

(iii) 6 members, no more than 4 of whom shall be of the same political party, appointed by the Governor.

The public members shall be residents of this State, chosen with due regard to broad geographic representation and ethnic diversity, who have served actively in organizations that educate the public on the history of the African slave trade, the contributions of African-Americans to our society, and civil rights issues.

Each public member of the Commission shall serve for a term of 3 years, except that of the initial members so appointed: one member appointed by the President of the Senate, one member appointed by the Speaker of the House of Representatives, and 2 members appointed by the Governor shall serve for terms of one year; the member appointed by the Minority Leader of the Senate, one member appointed by the Speaker of the House of Representatives, and 2 members appointed by the Governor shall serve for terms of 2 years; and one member appointed by the President of the Senate, the member appointed by the Minority Leader of the House of Representatives, and 2 members appointed by the Governor shall serve for terms of 3 years. Public members shall be eligible for reappointment. They shall serve until their successors are appointed and qualified, and the term of the successor of any incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only.

(d) Election of chairperson; meetings. At its first meeting and annually thereafter, the Commission shall elect from among its members a chairperson and other officers it considers necessary or appropriate. After its first meeting, the Commission shall meet at least quarterly, or more frequently at the call of the chairperson or if requested by 9 or more members.

(e) Quorum. A majority of the members of the Commission constitute a quorum for the transaction of business at a meeting of the Commission. A majority of the members present and serving is required for official action of the Commission.

(f) Public meeting. All business that the Commission is authorized to perform shall be conducted at a public meeting of the Commission, held in compliance with the Open Meetings Act.

(g) Freedom of Information. A writing prepared, owned, used, in the possession of, or retained by the Commission in the performance of an official function is subject to the Freedom of Information Act.

(h) Compensation. The members of the Commission shall serve without compensation, but shall be entitled to reimbursement for all necessary expenses incurred in the performance of their official duties as members of the Commission from funds appropriated for that purpose. Reimbursement for travel, meals, and lodging shall be in accordance with the rules of the Governor's Travel Control Board.

(i) Duties. The Commission shall have the following responsibilities and duties:

(1) To prepare a master plan to promote and preserve the history of the African slave trade, slavery in America, the vestiges of slavery in this country, the freedom trail and underground railroad in the State, and the contributions of African-Americans to our society.

(2) (1) To provide, based upon the collective interest of the members and the knowledge and experience of the members, assistance and advice to schools within the State with respect to the implementation of education, awareness programs, textbooks, and educational materials concerned with the African slave trade, slavery in America, the vestiges of slavery in this country, the underground railroad, and the contributions of African-Americans to our society.

(3) (2) To survey and catalog the extent and breadth of education concerning the African slave trade, slavery in America, the vestiges of slavery in this country, the underground railroad, and the contributions of African-Americans to our society presently being incorporated into the curricula and textbooks and taught in the school systems of the State; to inventory those African slave trade, American slavery, or relevant African-American history memorials, exhibits, and resources that should be incorporated into courses of study at educational institutions, schools, and various other locations throughout the State; and to assist the State Board of Education and other State and educational agencies in the development and implementation of African slave trade, American slavery, and African-American history education programs.

(4) (3) To act as a liaison with textbook publishers, schools, public, private, and nonprofit resource organizations, and members of the United States Senate and House of Representatives and the Illinois Senate and House of Representatives in order to facilitate the inclusion of the history of African slavery and of African-Americans in this country in the curricula of public and nonpublic schools.

(5) (4) To compile a roster of individual volunteers who are willing to share their knowledge and experience in classrooms, seminars, and workshops with students and teachers on the subject of the African slave trade, American slavery, the impact of slavery on our society today, and the contributions of African-Americans to our country.

(6) (5) To coordinate events memorializing the African slave trade, American slavery, the freedom trail and underground railroad, and the history of African-Americans in this country that reflect the contributions of African-Americans in overcoming the burdens of slavery and its vestiges; , and to seek volunteers who are willing and able to participate in commemorative events that will enhance student awareness of the significance of the African slave trade, American slavery, its historical impact, and the struggle for freedom; and to assist in developing partnerships to seek public and private funds to carry out these events.

(7) (6) To prepare reports for the Governor and the General Assembly regarding its findings and recommendations on facilitating the inclusion of the African slave trade, American slavery studies, African-American history, the underground railroad, and special programs in the educational system of the State.

(8) To assist in and promote the making of applications for inclusion in the National Park Service's National Underground Railroad Network to Freedom Program.

(9) (7) To develop, in consultation with the State Board of Education, curriculum guidelines that will be made available to every school board for the teaching of information on the African slave trade, slavery in America, the vestiges of slavery in this country, the underground railroad, and the contributions of African-Americans to our country.

(10) (8) To solicit, receive, and accept appropriations, gifts, and donations for Commission operations and programs authorized under this Section.

(j) Commission requests for assistance. The Commission is authorized to call upon any department, office, division, or agency of the State, or of any county, municipality, or school district of the State, to supply such data, program reports, and other information, appropriate school personnel, and assistance as it deems necessary to discharge its responsibilities under this Act. These departments, offices, divisions, and agencies shall, to the extent possible and not inconsistent with any other law of this State, cooperate with the Commission and shall furnish it with such information, appropriate school personnel, and assistance as may be necessary or helpful to accomplish the purposes of this Act.

(k) State Board of Education assistance. The State Board of Education shall:

(1) Assist the Amistad and Freedom Trail Commission in marketing and distributing to educators, administrators, and school districts in the State educational information and other materials on the African slave trade, slavery in America, the vestiges of slavery in this country, the underground railroad, and the contributions of African-Americans to our society.

(2) Conduct at least one teacher workshop annually on the African slave trade, slavery in America, the vestiges of slavery in this country, the underground railroad, and the contributions of African-Americans to our society.

(3) Assist the Amistad and Freedom Trail Commission in monitoring the inclusion of slavery materials and curricula in the State's educational system.

(4) Consult with the Amistad and Freedom Trail Commission to determine ways it may survey, catalog, and extend slave trade and American slavery education presently being taught in the State's educational system.

The State Board of Education may, subject to the availability of appropriations, hire additional staff and consultants to carry out the duties and responsibilities provided within this subsection (k).

(l) Report. The Commission shall report its activities and findings, as required under subsection (i), to the Governor and General Assembly on or before June 30, 2006, and biannually thereafter.

(Source: P.A. 94-285, eff. 7-21-05.)

(20 ILCS 3405/33)

Sec. 33. Administration of the Lincoln Presidential Library. The Governor, with the advice and consent of the Senate, shall appoint a Library Director of the Lincoln Presidential Library. The Library Director shall serve at the pleasure of the Governor. The Library Director shall, subject to applicable provisions of law, execute and discharge the powers and duties of the Lincoln Presidential Library and implement the policies set by the Board. The Library Director, with the concurrence of the Board, shall appoint: (a) a Library Facilities Operations Director; and (b) a Director of the Illinois State Historical Library and may appoint a Library Facilities Operations Director. Subject to concurrence by the Board, the Library Director shall appoint those other employees of the Lincoln Presidential Library and the Illinois State Historical Library as he or she deems appropriate and shall fix the compensation of the Library Facilities Operations Director, the Director of the Illinois State Historical Library, and other employees. The Library Director, with the approval of the Board, may establish and collect admission and registration fees, may operate a gift shop and restaurant, and may publish and sell educational and informational materials.

(Source: P.A. 92-600, eff. 7-1-02.)

(20 ILCS 3405/34)

Sec. 34. Internal Auditor. There is created the Office of the Internal Auditor of the Historic Preservation Agency. The Office shall function in compliance with the Fiscal Control and Internal Auditing Act. The Internal Auditor shall report to the Director and the Board. The Internal Auditor shall be appointed by the Board, shall serve at the pleasure of the Board, and shall report to the Board. The Internal Auditor shall audit and maintain the financial books, records, papers, and transactions of the Lincoln Presidential Library and the Historic Sites and Preservation Division of the Historic Preservation Agency. The Internal Auditor shall prepare an annual report for each fiscal year of the operations of the Historic Preservation Agency, which shall be submitted to the Board, the General Assembly, and the Governor. Nothing in this Section shall abridge the authority of the Illinois Auditor General to independently audit the Illinois Historic Preservation Agency or any of the libraries, divisions, or offices contained within the Agency. Article 2 of the Fiscal Control and Internal Auditing Act shall apply to the Historic Preservation Agency as a designated State agency.

(Source: P.A. 92-600, eff. 7-1-02.)

(20 ILCS 3405/20 rep.)

Section 10. The Historic Preservation Agency Act is amended by repealing Section 20.

Section 15. The Illinois Historic Preservation Act is amended by changing Section 3 as follows:

(20 ILCS 3410/3) (from Ch. 127, par. 133d3)

Sec. 3. There is recognized and established hereunder the Illinois Historic Sites Advisory Council, previously established pursuant to Federal regulations, hereafter called the Council. The Council shall consist of 11 Illinois residents 15 members. Of these, there shall be at least 2 3 historians, at least 2 3 architectural historians, or architects with a preservation background, and at least 2 3 archeologists. These 6 members shall meet the minimum standards of professional qualifications as set forth in 36 CFR 61.4(e) and verified by the State Historic Preservation Officer. Professionals from closely related fields are eligible to serve on the Council in lieu of the above specified professionals subject to the approval of the National Park Service. The remaining 5 6 members shall be drawn from supporting fields and have a preservation interest. Supporting fields shall include but not be limited to historical geography, law, urban planning, local government officials, and members of other preservation commissions. All shall be appointed by the Director of Historic Sites and Preservation, with the consent of the Board.

The Council Chairperson shall be appointed by the Director of Historic Sites and Preservation from the Council membership and shall serve at the Director's pleasure.

The Director of the Lincoln Presidential Library and the Director of the Illinois State Museum shall serve on the Council in advisory capacity as non-voting members.

The term of office for Council members shall be 2 years, with 5 members to be appointed one year and 6 members to be appointed in alternate years. No member shall be appointed to more than 3 consecutive terms. Terms of membership shall be 3 years and shall be staggered by the Director to assure continuity of representation.

The Council shall meet at least 3 times each year. Additional meetings may be held at the call of the chairperson or at the call of the Director.

Members shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of their duties.

(Source: P.A. 97-785, eff. 7-13-12.)

(20 ILCS 3988/Act rep.)

Section 20. The Local Legacy Act is repealed.

Section 25. The Fiscal Control and Internal Auditing Act is amended by changing Section 1003 as follows:

(30 ILCS 10/1003) (from Ch. 15, par. 1003)

Sec. 1003. Definitions.

(a) "Designated State agencies" include the offices of the Secretary of State, the State Comptroller, the State Treasurer, and the Attorney General, the State Board of Education, the State colleges and universities, the Illinois Toll Highway Authority, the Illinois Housing Development Authority, the public retirement systems, the Illinois Student Assistance Commission, the Illinois Finance Authority, the Environmental Protection Agency, the Capital Development Board, the Department of Military Affairs, the State Fire Marshal, the Historic Preservation Agency, and each Department of State government created in Article 5, Section 5-15 of the Civil Administrative Code of Illinois.

(b) "State agency" means that term as defined in the Illinois State Auditing Act, as now or hereafter amended, except the judicial branch which shall be covered by subsection (c) of Section 2001 and Section 3004 of this Act.

(c) "Chief executive officer" includes, respectively, the Secretary of State, the State Comptroller, the State Treasurer, the Attorney General, the State Superintendent of Education, such chief executive officers as are designated by the governing board of each State college and university, the executive director of the Illinois Toll Highway Authority, and the executive director of the Illinois Housing Development Authority, as well as the chief executive officer of each designated other State agency.

(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the effective date of changes made by P.A. 96-795).)

Section 30. The School Code is amended by changing Section 27-20.4 as follows:

(105 ILCS 5/27-20.4) (from Ch. 122, par. 27-20.4)

Sec. 27-20.4. Black History Study. Every public elementary school and high school shall include in its curriculum a unit of instruction studying the events of Black History, including the history of the African slave trade, slavery in America, and the vestiges of slavery in this country. These events shall include not only the contributions made by individual African-Americans in government and in the arts, humanities and sciences to the economic, cultural and political development of the United States and Africa, but also the socio-economic struggle which African-Americans experienced collectively in striving to achieve fair and equal treatment under the laws of this nation. The studying of this material shall constitute an affirmation by students of their commitment to respect the dignity of all races and peoples and to forever eschew every form of discrimination in their lives and careers.

The State Superintendent of Education may prepare and make available to all school boards instructional materials, including those established by the Amistad and Freedom Trail Commission, which may be used as guidelines for development of a unit of instruction under this Section; provided, however, that each school board shall itself determine the minimum amount of instruction time which shall qualify as a unit of instruction satisfying the requirements of this Section.

(Source: P.A. 94-285, eff. 7-21-05.)