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Public Act 91-0202
SB448 Enrolled LRB9103289MWpr
AN ACT to amend the Historic Preservation Agency Act by
changing Section 16.
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 Section 16 as follows:
(20 ILCS 3405/16) (from Ch. 127, par. 2716)
Sec. 16. The Agency shall have the following additional
powers:
(a) To hire agents and employees necessary to carry out
the duties and purposes of the Agency.
(b) To take all measures necessary to erect, maintain,
preserve, restore, and conserve all State Historic Sites and
State Memorials, except when supervision and maintenance is
otherwise provided by law. This authorization includes the
power to enter into contracts, acquire and dispose of real
and personal property, and enter into leases of real and
personal property.
(c) To provide recreational facilities including camp
sites, lodges and cabins, trails, picnic areas and related
recreational facilities at all sites under the jurisdiction
of the Agency.
(d) To lay out, construct and maintain all needful
roads, parking areas, paths or trails, bridges, camp or lodge
sites, picnic areas, lodges and cabins, and any other
structures and improvements necessary and appropriate in any
State historic site or easement thereto; and to provide water
supplies, heat and light, and sanitary facilities for the
public and living quarters for the custodians and keepers of
State historic sites.
(e) To grant licenses and rights-of-way within the areas
controlled by the Agency for the construction, operation and
maintenance upon, under or across the property, of facilities
for water, sewage, telephone, telegraph, electric, gas, or
other public service, subject to the terms and conditions as
may be determined by the Agency.
(f) To authorize the officers, employees and agents of
the Agency, for the purposes of investigation and to exercise
the rights, powers, and duties vested and that may be vested
in it, to enter and cross all lands and waters in this State,
doing no damage to private property.
(g) To transfer jurisdiction of or exchange any realty
under the control of the Agency to any other Department of
the State Government, or to any agency of the Federal
Government, or to acquire or accept Federal lands, when any
transfer, exchange, acquisition or acceptance is advantageous
to the State and is approved in writing by the Governor.
(h) To erect, supervise, and maintain all public
monuments and memorials erected by the State, except when the
supervision and maintenance of public monuments and memorials
is otherwise provided by law.
(i) To accept, hold, maintain, and administer, as
trustee, property given in trust for educational or historic
purposes for the benefit of the People of the State of
Illinois and to dispose of any property under the terms of
the instrument creating the trust.
(j) To lease concessions on any property under the
jurisdiction of the Agency for a period not exceeding 25
years and to lease a concession complex at Lincoln's New
Salem State Historic Site for which a cash incentive has been
authorized under Section 5.1 of the Historic Preservation
Agency Act for a period not to exceed 40 years. All leases,
for whatever period, shall be made subject to the written
approval of the Governor. All concession leases extending
for a period in excess of 10 years, will contain provisions
for the Agency to participate, on a percentage basis, in the
revenues generated by any concession operation.
(k) To sell surplus agricultural products grown on land
owned by or under the jurisdiction of the Agency, when the
products cannot be used by the Agency.
(l) To enforce the laws of the State and the rules and
regulations of the Agency in or on any lands owned, leased,
or managed by the Agency.
(m) To cooperate with private organizations and agencies
of the State of Illinois by providing areas and the use of
staff personnel where feasible for the sale of publications
on the historic and cultural heritage of the State and craft
items made by Illinois craftsmen. These sales shall not
conflict with existing concession agreements. The Agency is
authorized to negotiate with the organizations and agencies
for a portion of the monies received from sales to be
returned to the Agency's Historic Sites Fund for the
furtherance of interpretive and restoration programs.
(n) To establish local bank or savings and loan
association accounts, upon the written authorization of the
Director, to temporarily hold income received at any of its
properties. The local accounts established under this Section
shall be in the name of the Historic Preservation Agency and
shall be subject to regular audits. The balance in a local
bank or savings and loan association account shall be
forwarded to the Agency for deposit with the State Treasurer
on Monday of each week if the amount to be deposited in a
fund exceeds $500.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established under Section 6 of
the Public Funds Investment Act.
(o) To accept offers of gifts, gratuities, or grants
from the federal government, its agencies, or offices, or
from any person, firm, or corporation.
(p) To make reasonable rules and regulations as may be
necessary to discharge the duties of the Agency.
(q) With appropriate cultural organizations, to further
and advance the goals of the Agency.
(r) To make grants for the purposes of planning, survey,
rehabilitation, restoration, reconstruction, landscaping, and
acquisition of Illinois properties (i) designated
individually in listed on the National Register of Historic
Places, (ii) designated as a landmark under a county or
municipal landmark ordinance, or (iii) located within a
National Register of Historic Places historic district or a
locally designated historic district when the Director
determines that the property is of historic significance
whenever an appropriation is made therefor by the General
Assembly or whenever gifts or grants are received for that
purpose and to promulgate regulations as may be necessary or
desirable to carry out the purposes of the grants.
Grantees may, as prescribed by rule, be required to
provide matching funds for each grant. Grants made under
this subsection shall be known as Illinois Heritage Grants.
Every owner of a historic property, or the owner's agent,
is eligible to apply for a grant under this subsection.
(s) To establish and implement a pilot program for
charging admission to State historic sites. Fees may be
charged for special events, admissions, and parking or any
combination; fees may be charged at all sites or selected
sites. All fees shall be deposited into the Illinois Historic
Sites Fund. The Agency shall have the discretion to set and
adjust reasonable fees at the various sites, taking into
consideration various factors including but not limited to:
cost of services furnished to each visitor, impact of fees on
attendance and tourism and the costs expended collecting the
fees. The Agency shall keep careful records of the income
and expenses resulting from the imposition of fees, shall
keep records as to the attendance at each historic site, and
shall report to the Governor and General Assembly by January
31 after the close of each year. The report shall include
information on costs, expenses, attendance, comments by
visitors, and any other information the Agency may believe
pertinent, including:
(1) Recommendations as to whether fees should be
continued at each State historic site.
(2) How the fees should be structured and imposed.
(3) Estimates of revenues and expenses associated
with each site.
In the final report to be filed by January 31, 1996, the
Agency shall include recommendations as to whether fees
should be charged at State historic sites and if so how the
fees should be structured and imposed and estimates of
revenues and expenses associated with any recommended fees.
(t) To provide for overnight tent and trailer campsites
and to provide suitable housing facilities for student and
juvenile overnight camping groups. The Agency shall charge
the same rates charged by the Department of Conservation for
the same or similar facilities and services.
(u) To engage in marketing activities designed to
promote the sites and programs administered by the Agency.
In undertaking these activities, the Agency may take all
necessary steps with respect to products and services,
including but not limited to retail sales, wholesale sales,
direct marketing, mail order sales, telephone sales,
advertising and promotion, purchase of product and materials
inventory, design, printing and manufacturing of new
products, reproductions, and adaptations, copyright and
trademark licensing and royalty agreements, and payment of
applicable taxes. In addition, the Agency shall have the
authority to sell advertising in its publications and printed
materials. All income from marketing activities shall be
deposited into the Illinois Historic Sites Fund.
(Source: P.A. 88-91; 89-668, eff. 8-14-96.)
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