Full Text of HB1832 95th General Assembly
HB1832enr 95TH GENERAL ASSEMBLY
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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 Historic Preservation Agency Act is amended | 5 |
| by changing Section 16 as follows:
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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 | 8 |
| the Agency
shall have the following
additional powers:
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| (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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| (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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| non-transferable.
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| (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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| (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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| quarters for the custodians and keepers of State historic | 13 |
| sites.
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| (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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| (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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| (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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| (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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| (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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| (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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| concession operation.
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| 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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| (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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| be used
by the Agency.
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| (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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| (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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| (n) To establish local bank or savings and loan association
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| 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
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| amount to be deposited in a fund exceeds $500.
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| No bank or savings and loan association shall receive |
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| 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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| (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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| (p) To make reasonable rules and regulations as may be | 8 |
| necessary to
discharge the duties of the Agency.
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| (q) With appropriate cultural organizations, to further | 10 |
| and advance the
goals of the Agency.
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| (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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| 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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| 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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| Every owner of a historic property, or the owner's agent, |
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| is eligible to
apply for a grant under this subsection.
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| (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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| 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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| 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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| attendance, comments by visitors, and any other information the
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| Agency may
believe pertinent, including:
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| (1) Recommendations as to whether fees should be | 21 |
| 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 | 24 |
| each site.
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| (t) To provide for overnight tent and trailer campsites and | 26 |
| to provide
suitable housing facilities for student and juvenile |
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| overnight camping
groups. The Historic Sites and Preservation | 2 |
| Division of the Agency shall
charge rates similar to those
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| charged by the Department
of Conservation for the same or | 4 |
| similar facilities and services.
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| (u) To engage in marketing activities designed to promote | 6 |
| the sites and
programs administered by the Agency. In
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| 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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| 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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| activities shall be deposited into the Illinois Historic Sites | 18 |
| Fund.
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| (Source: P.A. 91-202, eff. 1-1-00; 92-600, eff. 7-1-02.)
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