Illinois General Assembly - Full Text of SB2897
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Full Text of SB2897  99th General Assembly




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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Historic Preservation Agency Act is amended
5by changing Sections 6, 22, 33, and 34 as follows:
6    (20 ILCS 3405/6)  (from Ch. 127, par. 2706)
7    Sec. 6. Jurisdiction. The Historic Sites and Preservation
8Division of the Agency shall have jurisdiction over the
9following described areas which are hereby designated as State
10Historic Sites, State Memorials, and Miscellaneous Properties:
State Historic Sites
12    Apple River Fort State Historic Site, Jo Daviess County;
13    Bishop Hill State Historic Site, Henry County;
14    Black Hawk State Historic Site, Rock Island County;
15    Bryant Cottage State Historic Site, Piatt County;
16    Buel House, Pope County;
17    Cahokia Courthouse State Historic Site, St. Clair County;
18    Cahokia Mounds State Historic Site, in Madison and St.
19        Clair Counties (however, the Illinois State Museum
20        shall act as curator of artifacts pursuant to the
21        provisions of the Archaeological and Paleontological
22        Resources Protection Act);



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1    Crenshaw House State Historic Site, Gallatin County;
2    Dana-Thomas House State Historic Site, Sangamon County;
3    David Davis Mansion State Historic Site, McLean County;
4    Douglas Tomb State Historic Site, Cook County;
5    Fort de Chartres State Historic Site, Randolph County;
6    Fort Kaskaskia State Historic Site, Randolph County;
7    Grand Village of the Illinois, LaSalle County;
8    U. S. Grant Home State Historic Site, Jo Daviess County;
9    Hotel Florence, Cook County;
10    Jarrot Mansion State Historic Site, St. Clair County;
11    Jubilee College State Historic Site, Peoria County;
12    Lewis and Clark State Historic Site, Madison County;
13    Lincoln-Herndon Law Offices State Historic Site, Sangamon
14        County;
15    Lincoln Log Cabin State Historic Site, Coles County;
16    Lincoln's New Salem State Historic Site, Menard County;
17    Lincoln Tomb State Historic Site, Sangamon County;
18    Pierre Menard Home State Historic Site, Randolph County;
19    Martin Boismenue House State Historic Site, St. Clair
20        County;
21    Metamora Courthouse State Historic Site, Woodford County;
22    Moore Home State Historic Site, Coles County;
23    Mount Pulaski Courthouse State Historic Site, Logan
24        County;
25    Old Market House State Historic Site, Jo Daviess County;
26    Old State Capitol State Historic Site, Sangamon County;



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1    Postville Courthouse State Historic Site, Logan County;
2    Pullman Factory, Cook County;
3    Rose Hotel, Hardin County;
4    Carl Sandburg State Historic Site, Knox County;
5    Shawneetown Bank State Historic Site, Gallatin County;
6    Vachel Lindsay Home, Sangamon County;
7    Vandalia State House State Historic Site, Fayette County;
8        and
9    Washburne House State Historic Site, Jo Daviess County.
State Memorials
11    Campbell's Island State Memorial, Rock Island County;
12    Governor Bond State Memorial, Randolph County;
13    Governor Coles State Memorial, Madison County;
14    Governor Horner State Memorial, Cook County;
15    Governor Small State Memorial, Kankakee County;
16    Illinois Vietnam Veterans State Memorial, Sangamon County;
17    Kaskaskia Bell State Memorial, Randolph County;
18    Korean War Memorial, Sangamon County;
19    Lewis and Clark State Memorial, Madison County;
20    Lincoln Monument State Memorial, Lee County;
21    Lincoln Trail State Memorial, Lawrence County;
22    Lovejoy State Memorial, Madison County;
23    Norwegian Settlers State Memorial, LaSalle County; and
24    Wild Bill Hickok State Memorial, LaSalle County; and .
25    World War II Memorial, Sangamon County.



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Miscellaneous Properties
2    Albany Mounds, Whiteside County;
3    Emerald Mound, St. Clair County;
4    Halfway Tavern, Marion County;
5    Hofmann Tower, Cook County; and
6    Kincaid Mounds, Massac and Pope Counties.
7(Source: P.A. 92-600, eff. 7-1-02.)
8    (20 ILCS 3405/22)
9    Sec. 22. Amistad and Freedom Trail Commission.
10    (a) Purpose. The General Assembly finds and declares that
11all people should know of and remember the human carnage and
12dehumanizing atrocities committed during the period of the
13African slave trade and slavery in America and of the vestiges
14of slavery in this country; and it is in fact vital to educate
15our citizens on these events, the legacy of slavery, the sad
16history of racism in this country, and the principles of human
17rights and dignity in a civilized society.
18    It is the policy of the State of Illinois that the history
19of the African slave trade, slavery in America, the underground
20railroad, the depth of their impact in our society, and the
21triumphs of African-Americans and their significant
22contributions to the development of this country is the proper
23concern of all people, particularly students enrolled in the
24schools of the State of Illinois.



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1    It is therefore desirable to create a Commission that, as
2an organized body and on a continuous basis, will survey,
3design, encourage, and promote the implementation of education
4and awareness programs in Illinois that are concerned with the
5African slave trade, slavery in America, the vestiges of
6slavery in this country, the underground railroad, and the
7contributions of African-Americans in building our country; to
8develop workshops, institutes, seminars, and other teacher
9training activities designed to educate teachers on this
10subject matter; and that will be responsible for the
11coordination of events on a regular basis, throughout the
12State, that provide appropriate memorialization of the events
13concerning the enslavement of Africans and their descendants in
14America and their struggle for freedom, liberty, and equality.
15    (b) Amistad and Freedom Trail Commission. The Amistad and
16Freedom Trail Commission is created within the Agency. The
17Commission is named to honor the group of enslaved Africans
18transported in 1839 on a vessel named the Amistad who overthrew
19their captors and created an international incident that was
20eventually argued before the Supreme Court and that shed a
21growing light on the evils of the slave trade and galvanized a
22growing abolitionist movement towards demanding the end of
23slavery in the United States.
24    (c) Membership. The Commission shall consist of 15 members,
25including 3 ex officio members: the State Superintendent of
26Education or his or her designee, the Director of Commerce and



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1Economic Opportunity or his or her designee, and the Director
2of Historic Sites and Preservation or his or her designee; and
312 public members. Public members shall be appointed as
5        (i) 2 members appointed by the President of the Senate
6    and one member appointed by the Minority Leader of the
7    Senate;
8        (ii) 2 members appointed by the Speaker of the House of
9    Representatives and one member appointed by the Minority
10    Leader of the House of Representatives; and
11        (iii) 6 members, no more than 4 of whom shall be of the
12    same political party, appointed by the Governor.
13    The public members shall be residents of this State, chosen
14with due regard to broad geographic representation and ethnic
15diversity, who have served actively in organizations that
16educate the public on the history of the African slave trade,
17the contributions of African-Americans to our society, and
18civil rights issues.
19    Each public member of the Commission shall serve for a term
20of 3 years, except that of the initial members so appointed:
21one member appointed by the President of the Senate, one member
22appointed by the Speaker of the House of Representatives, and 2
23members appointed by the Governor shall serve for terms of one
24year; the member appointed by the Minority Leader of the
25Senate, one member appointed by the Speaker of the House of
26Representatives, and 2 members appointed by the Governor shall



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1serve for terms of 2 years; and one member appointed by the
2President of the Senate, the member appointed by the Minority
3Leader of the House of Representatives, and 2 members appointed
4by the Governor shall serve for terms of 3 years. Public
5members shall be eligible for reappointment. They shall serve
6until their successors are appointed and qualified, and the
7term of the successor of any incumbent shall be calculated from
8the expiration of the term of that incumbent. A vacancy
9occurring other than by expiration of term shall be filled in
10the same manner as the original appointment, but for the
11unexpired term only.
12    (d) Election of chairperson; meetings. At its first meeting
13and annually thereafter, the Commission shall elect from among
14its members a chairperson and other officers it considers
15necessary or appropriate. After its first meeting, the
16Commission shall meet at least quarterly, or more frequently at
17the call of the chairperson or if requested by 9 or more
19    (e) Quorum. A majority of the members of the Commission
20constitute a quorum for the transaction of business at a
21meeting of the Commission. A majority of the members present
22and serving is required for official action of the Commission.
23    (f) Public meeting. All business that the Commission is
24authorized to perform shall be conducted at a public meeting of
25the Commission, held in compliance with the Open Meetings Act.
26    (g) Freedom of Information. A writing prepared, owned,



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1used, in the possession of, or retained by the Commission in
2the performance of an official function is subject to the
3Freedom of Information Act.
4    (h) Compensation. The members of the Commission shall serve
5without compensation, but shall be entitled to reimbursement
6for all necessary expenses incurred in the performance of their
7official duties as members of the Commission from funds
8appropriated for that purpose. Reimbursement for travel,
9meals, and lodging shall be in accordance with the rules of the
10Governor's Travel Control Board.
11    (i) Duties. The Commission shall have the following
12responsibilities and duties:
13        (1) To prepare a master plan to promote and preserve
14    the history of the African slave trade, slavery in America,
15    the vestiges of slavery in this country, the freedom trail
16    and underground railroad in the State, and the
17    contributions of African-Americans to our society.
18        (2) (1) To provide, based upon the collective interest
19    of the members and the knowledge and experience of the
20    members, assistance and advice to schools within the State
21    with respect to the implementation of education, awareness
22    programs, textbooks, and educational materials concerned
23    with the African slave trade, slavery in America, the
24    vestiges of slavery in this country, the underground
25    railroad, and the contributions of African-Americans to
26    our society.



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1        (3) (2) To survey and catalog the extent and breadth of
2    education concerning the African slave trade, slavery in
3    America, the vestiges of slavery in this country, the
4    underground railroad, and the contributions of
5    African-Americans to our society presently being
6    incorporated into the curricula and textbooks and taught in
7    the school systems of the State; to inventory those African
8    slave trade, American slavery, or relevant
9    African-American history memorials, exhibits, and
10    resources that should be incorporated into courses of study
11    at educational institutions, schools, and various other
12    locations throughout the State; and to assist the State
13    Board of Education and other State and educational agencies
14    in the development and implementation of African slave
15    trade, American slavery, and African-American history
16    education programs.
17        (4) (3) To act as a liaison with textbook publishers,
18    schools, public, private, and nonprofit resource
19    organizations, and members of the United States Senate and
20    House of Representatives and the Illinois Senate and House
21    of Representatives in order to facilitate the inclusion of
22    the history of African slavery and of African-Americans in
23    this country in the curricula of public and nonpublic
24    schools.
25        (5) (4) To compile a roster of individual volunteers
26    who are willing to share their knowledge and experience in



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1    classrooms, seminars, and workshops with students and
2    teachers on the subject of the African slave trade,
3    American slavery, the impact of slavery on our society
4    today, and the contributions of African-Americans to our
5    country.
6        (6) (5) To coordinate events memorializing the African
7    slave trade, American slavery, the freedom trail and
8    underground railroad, and the history of African-Americans
9    in this country that reflect the contributions of
10    African-Americans in overcoming the burdens of slavery and
11    its vestiges; , and to seek volunteers who are willing and
12    able to participate in commemorative events that will
13    enhance student awareness of the significance of the
14    African slave trade, American slavery, its historical
15    impact, and the struggle for freedom; and to assist in
16    developing partnerships to seek public and private funds to
17    carry out these events.
18        (7) (6) To prepare reports for the Governor and the
19    General Assembly regarding its findings and
20    recommendations on facilitating the inclusion of the
21    African slave trade, American slavery studies,
22    African-American history, the underground railroad, and
23    special programs in the educational system of the State.
24        (8) To assist in and promote the making of applications
25    for inclusion in the National Park Service's National
26    Underground Railroad Network to Freedom Program.



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1        (9) (7) To develop, in consultation with the State
2    Board of Education, curriculum guidelines that will be made
3    available to every school board for the teaching of
4    information on the African slave trade, slavery in America,
5    the vestiges of slavery in this country, the underground
6    railroad, and the contributions of African-Americans to
7    our country.
8        (10) (8) To solicit, receive, and accept
9    appropriations, gifts, and donations for Commission
10    operations and programs authorized under this Section.
11    (j) Commission requests for assistance. The Commission is
12authorized to call upon any department, office, division, or
13agency of the State, or of any county, municipality, or school
14district of the State, to supply such data, program reports,
15and other information, appropriate school personnel, and
16assistance as it deems necessary to discharge its
17responsibilities under this Act. These departments, offices,
18divisions, and agencies shall, to the extent possible and not
19inconsistent with any other law of this State, cooperate with
20the Commission and shall furnish it with such information,
21appropriate school personnel, and assistance as may be
22necessary or helpful to accomplish the purposes of this Act.
23    (k) State Board of Education assistance. The State Board of
24Education shall:
25        (1) Assist the Amistad and Freedom Trail Commission in
26    marketing and distributing to educators, administrators,



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1    and school districts in the State educational information
2    and other materials on the African slave trade, slavery in
3    America, the vestiges of slavery in this country, the
4    underground railroad, and the contributions of
5    African-Americans to our society.
6        (2) Conduct at least one teacher workshop annually on
7    the African slave trade, slavery in America, the vestiges
8    of slavery in this country, the underground railroad, and
9    the contributions of African-Americans to our society.
10        (3) Assist the Amistad and Freedom Trail Commission in
11    monitoring the inclusion of slavery materials and
12    curricula in the State's educational system.
13        (4) Consult with the Amistad and Freedom Trail
14    Commission to determine ways it may survey, catalog, and
15    extend slave trade and American slavery education
16    presently being taught in the State's educational system.
17    The State Board of Education may, subject to the
18availability of appropriations, hire additional staff and
19consultants to carry out the duties and responsibilities
20provided within this subsection (k).
21    (l) Report. The Commission shall report its activities and
22findings, as required under subsection (i), to the Governor and
23General Assembly on or before June 30, 2006, and biannually
25(Source: P.A. 94-285, eff. 7-21-05.)



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1    (20 ILCS 3405/33)
2    Sec. 33. Administration of the Lincoln Presidential
3Library. The Governor, with the advice and consent of the
4Senate, shall appoint a Library Director of the Lincoln
5Presidential Library. The Library Director shall serve at the
6pleasure of the Governor. The Library Director shall, subject
7to applicable provisions of law, execute and discharge the
8powers and duties of the Lincoln Presidential Library and
9implement the policies set by the Board. The Library Director,
10with the concurrence of the Board, shall appoint: (a) a Library
11Facilities Operations Director; and (b) a Director of the
12Illinois State Historical Library and may appoint a Library
13Facilities Operations Director. Subject to concurrence by the
14Board, the Library Director shall appoint those other employees
15of the Lincoln Presidential Library and the Illinois State
16Historical Library as he or she deems appropriate and shall fix
17the compensation of the Library Facilities Operations
18Director, the Director of the Illinois State Historical
19Library, and other employees. The Library Director, with the
20approval of the Board, may establish and collect admission and
21registration fees, may operate a gift shop and restaurant, and
22may publish and sell educational and informational materials.
23(Source: P.A. 92-600, eff. 7-1-02.)
24    (20 ILCS 3405/34)
25    Sec. 34. Internal Auditor. There is created the Office of



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1the Internal Auditor of the Historic Preservation Agency. The
2Office shall function in compliance with the Fiscal Control and
3Internal Auditing Act. The Internal Auditor shall report to the
4Director and the Board. The Internal Auditor shall be appointed
5by the Board, shall serve at the pleasure of the Board, and
6shall report to the Board. The Internal Auditor shall audit and
7maintain the financial books, records, papers, and
8transactions of the Lincoln Presidential Library and the
9Historic Sites and Preservation Division of the Historic
10Preservation Agency. The Internal Auditor shall prepare an
11annual report for each fiscal year of the operations of the
12Historic Preservation Agency, which shall be submitted to the
13Board, the General Assembly, and the Governor. Nothing in this
14Section shall abridge the authority of the Illinois Auditor
15General to independently audit the Illinois Historic
16Preservation Agency or any of the libraries, divisions, or
17offices contained within the Agency. Article 2 of the Fiscal
18Control and Internal Auditing Act shall apply to the Historic
19Preservation Agency as a designated State agency.
20(Source: P.A. 92-600, eff. 7-1-02.)
21    (20 ILCS 3405/20 rep.)
22    Section 10. The Historic Preservation Agency Act is amended
23by repealing Section 20.
24    Section 15. The Illinois Historic Preservation Act is



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1amended by changing Section 3 as follows:
2    (20 ILCS 3410/3)  (from Ch. 127, par. 133d3)
3    Sec. 3. There is recognized and established hereunder the
4Illinois Historic Sites Advisory Council, previously
5established pursuant to Federal regulations, hereafter called
6the Council. The Council shall consist of 11 Illinois residents
715 members. Of these, there shall be at least 2 3 historians,
8at least 2 3 architectural historians, or architects with a
9preservation background, and at least 2 3 archeologists. These
106 members shall meet the minimum standards of professional
11qualifications as set forth in 36 CFR 61.4(e) and verified by
12the State Historic Preservation Officer. Professionals from
13closely related fields are eligible to serve on the Council in
14lieu of the above specified professionals subject to the
15approval of the National Park Service. The remaining 5 6
16members shall be drawn from supporting fields and have a
17preservation interest. Supporting fields shall include but not
18be limited to historical geography, law, urban planning, local
19government officials, and members of other preservation
20commissions. All shall be appointed by the Director of Historic
21Sites and Preservation, with the consent of the Board.
22    The Council Chairperson shall be appointed by the Director
23of Historic Sites and Preservation from the Council membership
24and shall serve at the Director's pleasure.
25    The Director of the Lincoln Presidential Library and the



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1Director of the Illinois State Museum shall serve on the
2Council in advisory capacity as non-voting members.
3    The term of office for Council members shall be 2 years,
4with 5 members to be appointed one year and 6 members to be
5appointed in alternate years. No member shall be appointed to
6more than 3 consecutive terms. Terms of membership shall be 3
7years and shall be staggered by the Director to assure
8continuity of representation.
9    The Council shall meet at least 3 times each year.
10Additional meetings may be held at the call of the chairperson
11or at the call of the Director.
12    Members shall serve without compensation, but shall be
13reimbursed for actual expenses incurred in the performance of
14their duties.
15(Source: P.A. 97-785, eff. 7-13-12.)
16    (20 ILCS 3988/Act rep.)
17    Section 20. The Local Legacy Act is repealed.
18    Section 25. The Fiscal Control and Internal Auditing Act is
19amended by changing Section 1003 as follows:
20    (30 ILCS 10/1003)  (from Ch. 15, par. 1003)
21    Sec. 1003. Definitions.
22    (a) "Designated State agencies" include the offices of the
23Secretary of State, the State Comptroller, the State Treasurer,



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1and the Attorney General, the State Board of Education, the
2State colleges and universities, the Illinois Toll Highway
3Authority, the Illinois Housing Development Authority, the
4public retirement systems, the Illinois Student Assistance
5Commission, the Illinois Finance Authority, the Environmental
6Protection Agency, the Capital Development Board, the
7Department of Military Affairs, the State Fire Marshal, the
8Historic Preservation Agency, and each Department of State
9government created in Article 5, Section 5-15 of the Civil
10Administrative Code of Illinois.
11    (b) "State agency" means that term as defined in the
12Illinois State Auditing Act, as now or hereafter amended,
13except the judicial branch which shall be covered by subsection
14(c) of Section 2001 and Section 3004 of this Act.
15    (c) "Chief executive officer" includes, respectively, the
16Secretary of State, the State Comptroller, the State Treasurer,
17the Attorney General, the State Superintendent of Education,
18such chief executive officers as are designated by the
19governing board of each State college and university, the
20executive director of the Illinois Toll Highway Authority, and
21the executive director of the Illinois Housing Development
22Authority, as well as the chief executive officer of each
23designated other State agency.
24(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
25for the effective date of changes made by P.A. 96-795).)



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1    Section 30. The School Code is amended by changing Section
227-20.4 as follows:
3    (105 ILCS 5/27-20.4)  (from Ch. 122, par. 27-20.4)
4    Sec. 27-20.4. Black History Study. Every public elementary
5school and high school shall include in its curriculum a unit
6of instruction studying the events of Black History, including
7the history of the African slave trade, slavery in America, and
8the vestiges of slavery in this country. These events shall
9include not only the contributions made by individual
10African-Americans in government and in the arts, humanities and
11sciences to the economic, cultural and political development of
12the United States and Africa, but also the socio-economic
13struggle which African-Americans experienced collectively in
14striving to achieve fair and equal treatment under the laws of
15this nation. The studying of this material shall constitute an
16affirmation by students of their commitment to respect the
17dignity of all races and peoples and to forever eschew every
18form of discrimination in their lives and careers.
19    The State Superintendent of Education may prepare and make
20available to all school boards instructional materials,
21including those established by the Amistad and Freedom Trail
22Commission, which may be used as guidelines for development of
23a unit of instruction under this Section; provided, however,
24that each school board shall itself determine the minimum
25amount of instruction time which shall qualify as a unit of



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1instruction satisfying the requirements of this Section.
2(Source: P.A. 94-285, eff. 7-21-05.)



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2 Statutes amended in order of appearance
3    20 ILCS 3405/6from Ch. 127, par. 2706
4    20 ILCS 3405/22
5    20 ILCS 3405/33
6    20 ILCS 3405/34
7    20 ILCS 3405/20 rep.
8    20 ILCS 3410/3from Ch. 127, par. 133d3
9    20 ILCS 3988/Act rep.
10    30 ILCS 10/1003from Ch. 15, par. 1003
11    105 ILCS 5/27-20.4from Ch. 122, par. 27-20.4