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Public Act 096-0557
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| HB0037 Enrolled |
LRB096 02981 JAM 12995 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 1. Short title. This Act may be cited as the Lease |
of Closed State Properties Act.
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Section 5. Definitions. As used in this Act: |
"Agency" means the Illinois Historic Preservation Agency. |
"Department" means the Department of Natural Resources. |
"Local entity" means a unit of local government or public |
college or university located in Illinois.
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Section 10. Lease of closed State properties. |
(a) Notwithstanding any other law, the Department and the |
Agency shall each offer to qualified interested local entities |
the opportunity to assume the operation and maintenance of any |
closed State park or closed State historic site, under the |
Department's or Agency's jurisdiction, through a lease |
established at the discretion of the Department or Agency. In |
addition, the Department and Agency may reject any offer and |
may select an interested local entity after a request for |
offers or request for proposals process. Notwithstanding any |
other provision of this Act, the Department or Agency may |
determine that a particular park or site, due to the value of |
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the artifacts or exhibits or due to security issues or any |
other operational concerns, shall not be considered for |
leasing. The lease shall be awarded to the highest bidder that |
the Department or Agency deems to be the most qualified to |
operate and maintain the park or site. |
(b) The lease shall be acceptable to both parties and must, |
at a minimum, contain provisions: |
(1) Requiring the local entity to agree to release the |
State, the Agency, and the Department from any and all |
liability for damages or injuries arising at the park or |
site during the lease period. |
(2) Authorizing the Department or Agency to terminate |
the lease of a park or site after giving written notice to |
the local entity at least 60 days before terminating the |
lease. |
(3) Establishing a lease term that is at least one year |
but no more than 3 years in length, and providing an option |
to extend the lease term, upon the written agreement of all |
of the parties to the lease, for an additional 2 years. |
(4) Requiring the local entity to comply with the |
consultation requirements of the Endangered Species |
Protection Act, the Illinois Natural Areas Preservation |
Act, and the Wetlands Protection Act and with all |
recommendations arising out of a consultation under one or |
more of those Acts. |
(5) Prohibiting the local entity from undertaking |
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activities related to road repair or development, tree or |
brush clearing, trail development, landscaping, wetland |
draining or filling, excavation, or similar work affecting |
the landscape and character of the park or site, without |
the express approval of the Agency or Department. |
(6) Authorizing the Department or Agency to require the |
special care of artifacts or storage of certain artifacts, |
or the exclusion of all artifacts when determined |
appropriate by the Department or Agency. Human skeletal |
remains and artifacts shall be turned over to the Illinois |
State Museum. |
(7) Authorizing the Agency or the Department to assign |
any concession leases, service contracts, or activity use |
agreements to the local entity at the time that the lease |
is executed. |
(8) Requiring each new or additional concession lease |
to be approved in writing by the Agency or Department |
before the execution of such a lease by the local entity. |
(9) Requiring the local entity to maintain the property |
in a manner consistent with its status as a State park or |
site and as otherwise required by State law. |
(10) Requiring the local entity to take responsibility |
for all costs, if any, associated with restoring the park |
or site to its pre-lease character and condition. |
(c) All revenues generated by a local entity's operation of |
a park or site during a lease under this Act shall be retained |
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by that local entity and must be used for the operation, |
maintenance, or operation and maintenance of that park or site. |
(d) Upon expiration or termination of a lease under this |
Act, the local entity shall be reimbursed by the Department or |
Agency, as the case may be, for the undepreciated portion of |
any improvements to the park or site made or paid for by the |
local entity during the period of the lease. All improvements |
shall be subject to the advance written approval of the |
Department or Agency. The local entity shall be reimbursed only |
after establishing, to the satisfaction of the Department or |
Agency, that (i) the local entity has complied with the lease |
provision required by subdivision (b)(5) of this Section and |
(ii) the improvements to the park or site that were made or |
paid for by the local entity extend beyond the applicable lease |
period. |
(e) This Act is subject to and superseded by any federal |
law, regulation, condition, or stipulation prohibiting the |
lease of a park or site.
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Section 15. Collective bargaining work. A lessee under this |
Act shall contract with the State for all work that, if |
performed by employees of the State, would be performed by |
employees, as defined in the Illinois Public Labor Relations |
Act. The State shall be the employer of all non-managerial, |
non-supervisory, and non-confidential employees, as defined in |
the Illinois Public Labor Relations Act. Employees performing |