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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Employee Housing Act is amended by | |||||||||||||||||||
5 | changing Sections 5-5, 5-15, 5-20, 5-25, 5-30, and 5-35 as | |||||||||||||||||||
6 | follows:
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7 | (5 ILCS 412/5-5)
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8 | Sec. 5-5. Policy development. The
Department of | |||||||||||||||||||
9 | Corrections, the Department of Natural Resources Historic | |||||||||||||||||||
10 | Preservation Agency , the University of
Illinois, and the | |||||||||||||||||||
11 | University of Illinois Foundation shall each develop a policy
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12 | on housing for State employees that addresses the following:
| |||||||||||||||||||
13 | (1) Purpose of providing housing.
| |||||||||||||||||||
14 | (2) Application procedures.
| |||||||||||||||||||
15 | (3) Eligibility.
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16 | (4) Tenant selection criteria.
| |||||||||||||||||||
17 | (5) Accounting for housing in employee compensation.
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18 | (6) Employee responsibilities that necessitate | |||||||||||||||||||
19 | State-provided housing.
| |||||||||||||||||||
20 | (7) Procedures for setting and adjusting rent, | |||||||||||||||||||
21 | security deposits, and
utility payments.
| |||||||||||||||||||
22 | (8) Documented justification for State ownership of | |||||||||||||||||||
23 | each house or
property.
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| |||||||
1 | (Source: P.A. 97-916, eff. 8-9-12 .)
| ||||||
2 | (5 ILCS 412/5-15)
| ||||||
3 | Sec. 5-15. Rental housing. The Department
of Corrections, | ||||||
4 | the Department of Natural Resources Historic Preservation | ||||||
5 | Agency , the Department of
Transportation, the University of | ||||||
6 | Illinois, and the University of Illinois
Foundation shall each | ||||||
7 | analyze the need for providing low-rent housing to its
| ||||||
8 | employees and shall consider alternatives to State-owned | ||||||
9 | housing. Rent charged
for State-owned housing shall be | ||||||
10 | evaluated every 3 years for adjustments,
including that | ||||||
11 | necessitated by changing economic conditions.
| ||||||
12 | (Source: P.A. 97-916, eff. 8-9-12.)
| ||||||
13 | (5 ILCS 412/5-20)
| ||||||
14 | Sec. 5-20. Security deposit. The
Department of | ||||||
15 | Corrections, the Department of Transportation, the Department | ||||||
16 | of Natural Resources Historic
Preservation Agency , the | ||||||
17 | University of Illinois, and the University of Illinois
| ||||||
18 | Foundation shall each analyze the need for all employee and | ||||||
19 | non-employee
tenants of State-owned housing to pay a reasonable | ||||||
20 | security deposit and may
each collect security deposits and | ||||||
21 | maintain them in interest-bearing accounts.
| ||||||
22 | (Source: P.A. 97-916, eff. 8-9-12.)
| ||||||
23 | (5 ILCS 412/5-25)
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| |||||||
1 | Sec. 5-25. Utilities. The Department of
Corrections, the | ||||||
2 | Department of Natural Resources Historic Preservation Agency , | ||||||
3 | and the University of Illinois
may each require its employees | ||||||
4 | for whom it provides housing to pay their own
utilities. If | ||||||
5 | direct utility payment is required, a utility schedule shall be
| ||||||
6 | established for employees who can not directly pay utilities | ||||||
7 | due to extenuating
circumstances, such as occupancy of | ||||||
8 | dormitories not individually metered.
| ||||||
9 | (Source: P.A. 97-916, eff. 8-9-12.)
| ||||||
10 | (5 ILCS 412/5-30)
| ||||||
11 | Sec. 5-30. Tenant selection. The
Department of | ||||||
12 | Corrections, the Department of Natural Resources Historic | ||||||
13 | Preservation Agency , the Department of
Transportation, the | ||||||
14 | University of Illinois, and the University of Illinois
| ||||||
15 | Foundation shall each develop and maintain application forms | ||||||
16 | for its
State-owned housing, written criteria for selecting | ||||||
17 | employee tenants, and
records of decisions as to who was | ||||||
18 | selected to receive State housing and why
they were selected.
| ||||||
19 | (Source: P.A. 97-916, eff. 8-9-12.)
| ||||||
20 | (5 ILCS 412/5-35)
| ||||||
21 | Sec. 5-35. Housing justification. The Department of | ||||||
22 | Natural Resources
Historic Preservation Agency , and the | ||||||
23 | University of Illinois shall each develop
written criteria for | ||||||
24 | determining which employment positions necessitate
provision |
| |||||||
| |||||||
1 | of State housing. The criteria shall include the specific
| ||||||
2 | employee responsibilities that can only be performed | ||||||
3 | effectively by occupying
State housing.
| ||||||
4 | (Source: P.A. 97-916, eff. 8-9-12.)
| ||||||
5 | Section 7. The Department of Natural Resources Act is | ||||||
6 | amended by adding Section 1-45 as follows: | ||||||
7 | (20 ILCS 801/1-45 new) | ||||||
8 | Sec. 1-45. Report on transfer of the powers and duties of | ||||||
9 | the Historic Preservation Agency to the Department. | ||||||
10 | The Department of Natural Resources shall, on or before | ||||||
11 | December 31, 2018 and annually thereafter for 3 calendar years, | ||||||
12 | provide a report to the General Assembly that includes an | ||||||
13 | analysis of the effect the transfer of the powers and duties | ||||||
14 | from the Historic Preservation Agency to the Department under | ||||||
15 | this amendatory Act of the 100th General Assembly had on State | ||||||
16 | government and State taxpayers. The report shall also include | ||||||
17 | recommendations for further legislation relating to the | ||||||
18 | implementation of the reorganization. A copy of each report | ||||||
19 | shall be filed with the General Assembly as provided under | ||||||
20 | Section 3.1 of the General Assembly Organization Act. | ||||||
21 | Section 10. The Interagency Wetland Policy Act of 1989 is | ||||||
22 | amended by changing Section 2-1 as follows:
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| |||||||
| |||||||
1 | (20 ILCS 830/2-1) (from Ch. 96 1/2, par. 9702-1)
| ||||||
2 | Sec. 2-1. Interagency Wetlands Committee. An Interagency | ||||||
3 | Wetlands
Committee, chaired by the Director of Natural | ||||||
4 | Resources or his or her
representative, is established. The | ||||||
5 | Directors of the following agencies,
or their respective | ||||||
6 | representatives, shall serve as
members of the Committee:
| ||||||
7 | Capital Development Board,
| ||||||
8 | Department of Agriculture,
| ||||||
9 | Department of Commerce and Economic Opportunity,
| ||||||
10 | Environmental Protection Agency, and
| ||||||
11 | Department of Transportation . , and
| ||||||
12 | Historic Preservation Agency.
| ||||||
13 | The Interagency Wetlands Committee shall also include 2 | ||||||
14 | additional persons
with relevant expertise designated by the | ||||||
15 | Director of Natural Resources.
| ||||||
16 | The Interagency Wetlands Committee shall advise the | ||||||
17 | Director in the
administration of this Act. This will include:
| ||||||
18 | (a) Developing rules and regulations for the | ||||||
19 | implementation and
administration of this Act.
| ||||||
20 | (b) Establishing guidelines for developing individual | ||||||
21 | Agency Action Plans.
| ||||||
22 | (c) Developing and adopting technical procedures for | ||||||
23 | the consistent
identification, delineation and evaluation | ||||||
24 | of existing wetlands and
quantification of their | ||||||
25 | functional values and the evaluation of wetland
| ||||||
26 | restoration or creation projects.
|
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| |||||||
1 | (d) Developing a research program for wetland | ||||||
2 | function, restoration
and creation.
| ||||||
3 | (e) Preparing reports, including:
| ||||||
4 | (1) A biennial report to the Governor and the | ||||||
5 | General Assembly on the
impact of State supported | ||||||
6 | activities on wetlands.
| ||||||
7 | (2) A comprehensive report on the status of the | ||||||
8 | State's wetland
resources, including recommendations | ||||||
9 | for additional programs, by
January 15, 1991.
| ||||||
10 | (f) Development of educational materials to promote | ||||||
11 | the protection
of wetlands.
| ||||||
12 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
13 | Section 15. The State Parks Designation Act is amended by | ||||||
14 | changing Section 1 as follows:
| ||||||
15 | (20 ILCS 840/1) (from Ch. 105, par. 468g)
| ||||||
16 | Sec. 1. The following described areas are
designated State | ||||||
17 | Parks and have the names herein ascribed to them:
| ||||||
18 | Adeline Jay Geo-Karis Illinois Beach State Park, in Lake | ||||||
19 | County;
| ||||||
20 | Apple River Canyon State Park, in Jo Daviess County;
| ||||||
21 | Argyle Lake State Park, in McDonough County;
| ||||||
22 | Beaver Dam State Park, in Macoupin County;
| ||||||
23 | Buffalo Rock State Park, in La Salle County;
| ||||||
24 | Castle Rock State Park, in Ogle County;
|
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| |||||||
1 | Cave-in-Rock State Park, in Hardin County;
| ||||||
2 | Chain O'Lakes State Park, in Lake and McHenry Counties;
| ||||||
3 | Delabar State Park, in Henderson County;
| ||||||
4 | Dixon State Park, in Lee County;
| ||||||
5 | Dixon Springs State Park, in Pope County;
| ||||||
6 | Eagle Creek State Park, in Shelby County;
| ||||||
7 | Eldon Hazlet State Park, in Clinton County;
| ||||||
8 | Ferne Clyffe State Park, in Johnson County;
| ||||||
9 | Fort Creve Coeur State Park, in Tazewell County;
| ||||||
10 | Fort Defiance State Park, in Alexander County;
| ||||||
11 | Fort Massac State Park, in Massac County;
| ||||||
12 | Fox Ridge State Park, in Coles County;
| ||||||
13 | Frank Holten State Park, in St. Clair County;
| ||||||
14 | Funk's Grove State Park, in McLean County;
| ||||||
15 | Gebhard Woods State Park, in Grundy County;
| ||||||
16 | Giant City State Park, in Jackson and Union Counties;
| ||||||
17 | Goose Lake Prairie State Park, in Grundy County;
| ||||||
18 | Hazel and Bill Rutherford Wildlife Prairie State Park, in | ||||||
19 | Peoria County;
| ||||||
20 | Hennepin Canal Parkway State Park, in Bureau, Henry, Rock | ||||||
21 | Island, Lee and
Whiteside Counties;
| ||||||
22 | Horseshoe Lake State Park, in Madison and St. Clair | ||||||
23 | Counties;
| ||||||
24 | Illini State Park, in La Salle County;
| ||||||
25 | Illinois and Michigan Canal State Park, in the counties of | ||||||
26 | Cook,
Will, Grundy, DuPage and La Salle;
|
| |||||||
| |||||||
1 | Johnson Sauk Trail State Park, in Henry County;
| ||||||
2 | Jubilee College State Park, in Peoria County,
excepting | ||||||
3 | Jubilee College State Historic Site as described
in Section 7.1 | ||||||
4 | of the Historic Preservation Agency Act;
| ||||||
5 | Kankakee River State Park, in Kankakee and Will Counties;
| ||||||
6 | Kickapoo State Park, in Vermilion County;
| ||||||
7 | Lake Le-Aqua-Na State Park, in Stephenson County;
| ||||||
8 | Lake Murphysboro State Park, in Jackson County;
| ||||||
9 | Laurence C. Warren State Park, in Cook County;
| ||||||
10 | Lincoln Trail Homestead State Park, in Macon County;
| ||||||
11 | Lincoln Trail State Park, in Clark County;
| ||||||
12 | Lowden State Park, in Ogle County;
| ||||||
13 | Matthiessen State Park, in La Salle County;
| ||||||
14 | McHenry Dam and Lake Defiance State Park, in McHenry | ||||||
15 | County;
| ||||||
16 | Mississippi Palisades State Park, in Carroll County;
| ||||||
17 | Moraine View State Park, in McLean County;
| ||||||
18 | Morrison-Rockwood State Park, in Whiteside County;
| ||||||
19 | Nauvoo State Park, in Hancock County, containing Horton | ||||||
20 | Lake;
| ||||||
21 | Pere Marquette State Park, in Jersey County;
| ||||||
22 | Prophetstown State Park, in Whiteside County;
| ||||||
23 | Pyramid State Park, in Perry County;
| ||||||
24 | Railsplitter State Park, in Logan County;
| ||||||
25 | Ramsey Lake State Park, in Fayette County;
| ||||||
26 | Red Hills State Park, in Lawrence County;
|
| |||||||
| |||||||
1 | Rock Cut State Park, in Winnebago County, containing Pierce | ||||||
2 | Lake;
| ||||||
3 | Rock Island Trail State Park, in Peoria and Stark Counties;
| ||||||
4 | Sam Parr State Park, in Jasper County;
| ||||||
5 | Sangchris Lake State Park, in Christian and Sangamon | ||||||
6 | Counties;
| ||||||
7 | Shabbona Lake and State Park, in DeKalb County;
| ||||||
8 | Siloam Springs State Park, in Brown and Adams Counties;
| ||||||
9 | Silver Springs State Park, in Kendall County;
| ||||||
10 | South Shore State Park, in Clinton County;
| ||||||
11 | Spitler Woods State Park, in Macon County;
| ||||||
12 | Starved Rock State Park, in La Salle County;
| ||||||
13 | Stephen A. Forbes State Park, in Marion County;
| ||||||
14 | Walnut Point State Park, in Douglas County;
| ||||||
15 | Wayne Fitzgerrell State Park, in Franklin County;
| ||||||
16 | Weinberg-King State Park, in Schuyler County;
| ||||||
17 | Weldon Springs State Park, in DeWitt County;
| ||||||
18 | White Pines Forest State Park, in Ogle County;
| ||||||
19 | William G. Stratton State Park, in Grundy County;
| ||||||
20 | Wolf Creek State Park, in Shelby County.
| ||||||
21 | (Source: P.A. 94-1042, eff. 7-24-06 .)
| ||||||
22 | Section 20. The Outdoor Recreation Resources Act is amended | ||||||
23 | by changing Sections 2a, 3a, 4a, and 5a as follows:
| ||||||
24 | (20 ILCS 860/2a) (from Ch. 105, par. 532a)
|
| |||||||
| |||||||
1 | Sec. 2a. The Department of Natural Resources Historic | ||||||
2 | Preservation Agency is authorized to have prepared
with the | ||||||
3 | Department of Commerce and Economic Opportunity and to
| ||||||
4 | maintain, and keep up-to-date a comprehensive plan for the
| ||||||
5 | preservation of the
historically significant properties and | ||||||
6 | interests of the State.
| ||||||
7 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
8 | (20 ILCS 860/3a) (from Ch. 105, par. 533a)
| ||||||
9 | Sec. 3a.
The Department of Natural Resources Historic | ||||||
10 | Preservation Agency is authorized to survey, design,
develop, | ||||||
11 | operate, and maintain
historically significant properties and | ||||||
12 | interests
of the State; and to acquire land, waters, | ||||||
13 | structures, and interests in land,
waters and structures for | ||||||
14 | such historic properties
and interests. It may enter into | ||||||
15 | contracts and
agreements with the United States or any | ||||||
16 | appropriate agency thereof,
keep financial and other records | ||||||
17 | relating thereto, and furnish to
appropriate officials and | ||||||
18 | agencies of the United States such reports and
information as | ||||||
19 | may be reasonably necessary to enable such officials and
| ||||||
20 | agencies to perform their duties under such programs. In | ||||||
21 | connection with
obtaining for the State of Illinois the | ||||||
22 | benefits of any such program,
the Department of Natural | ||||||
23 | Resources Historic Preservation Agency shall
coordinate its | ||||||
24 | activities with and represent the interests
of individuals, | ||||||
25 | private organizations and units of government in the survey,
|
| |||||||
| |||||||
1 | planning and development of historically significant | ||||||
2 | properties and interests
in the State.
| ||||||
3 | (Source: P.A. 84-25.)
| ||||||
4 | (20 ILCS 860/4a) (from Ch. 105, par. 534a)
| ||||||
5 | Sec. 4a.
The Department of Natural Resources Historic | ||||||
6 | Preservation Agency is authorized to receive
Federal monies for | ||||||
7 | the survey, acquisition, planning and development
of | ||||||
8 | historically significant properties and interests.
Monies so | ||||||
9 | received shall be placed in the Illinois Historic Sites Fund in
| ||||||
10 | the State Treasury. The State Treasurer shall, ex
officio, be | ||||||
11 | the custodian of such fund. Subject to appropriation,
such fund | ||||||
12 | shall be drawn upon by the Department Agency
or disbursed by | ||||||
13 | the State Treasurer to local governmental
units or other | ||||||
14 | qualified participants upon the direction of the Department | ||||||
15 | Agency .
| ||||||
16 | (Source: P.A. 84-25.)
| ||||||
17 | (20 ILCS 860/5a) (from Ch. 105, par. 535a)
| ||||||
18 | Sec. 5a.
Projects involving participating Federal-aid | ||||||
19 | funds may be
undertaken by the Department of Natural Resources | ||||||
20 | Historic Preservation Agency after it has been
determined that | ||||||
21 | sufficient funds are available to the Department Agency for
| ||||||
22 | meeting the non-federal share of project costs. It is the | ||||||
23 | legislative
intent that, to such extent as may be necessary to | ||||||
24 | assure the proper
operation, maintenance and preservation of
|
| |||||||
| |||||||
1 | historic properties and interests surveyed, acquired or | ||||||
2 | developed
pursuant to any program participated in by this State | ||||||
3 | under authority of
this Act, such historic properties and | ||||||
4 | interests shall
be publicly maintained for
historic | ||||||
5 | preservation purposes. The Department of Natural Resources | ||||||
6 | Historic Preservation Agency
may enter
into and administer | ||||||
7 | agreements with the United States or any appropriate
agency | ||||||
8 | thereof for survey, planning, acquisition, development and | ||||||
9 | preservation projects
involving participating Federal-aid | ||||||
10 | funds on behalf of any county, city,
other governmental unit or | ||||||
11 | qualified participant provided such county, city, other local
| ||||||
12 | governmental unit or qualified participant gives necessary | ||||||
13 | assurances to
the Department of Natural Resources Historic | ||||||
14 | Preservation Agency
that it has available sufficient funds to | ||||||
15 | meet its share of
the cost of the project and that the | ||||||
16 | surveyed, acquired or developed
historic properties and | ||||||
17 | interests will be
operated and maintained at its expense for
| ||||||
18 | historic preservation purposes.
| ||||||
19 | (Source: P.A. 84-25.)
| ||||||
20 | Section 25. The Historic Preservation Agency Act is amended | ||||||
21 | by changing Sections 1, 2, 6, 8, 11, 12, 13, 14, 15, 16, 19, 22, | ||||||
22 | and 35 and by adding Sections 3.1 and 4.5 as follows:
| ||||||
23 | (20 ILCS 3405/1) (from Ch. 127, par. 2701)
| ||||||
24 | Sec. 1.
This Article shall be known and may be cited as the |
| |||||||
| |||||||
1 | "Historic
Preservation Agency Act".
| ||||||
2 | (Source: P.A. 84-25.)
| ||||||
3 | (20 ILCS 3405/2) (from Ch. 127, par. 2702)
| ||||||
4 | Sec. 2. For the purposes of this Act:
| ||||||
5 | (a) (Blank); "Agency" means the
Historic Preservation | ||||||
6 | Agency;
| ||||||
7 | (b) (Blank); "Board" means the Board of Trustees of
the | ||||||
8 | Historic Preservation Agency;
| ||||||
9 | (b-5) "Department" means the Department of Natural | ||||||
10 | Resources. | ||||||
11 | (c) "Director" means the Director of Natural Resources
| ||||||
12 | Historic Sites and Preservation ;
| ||||||
13 | (d) (Blank);
| ||||||
14 | (e) (Blank);
| ||||||
15 | (f) (Blank); and
| ||||||
16 | (g) "Historic Sites and
Preservation Division"
means the | ||||||
17 | Division of Historic Preservation within the Department of | ||||||
18 | Natural Resources that part of the Agency that is headed by the | ||||||
19 | Director of Historic
Sites and Preservation .
| ||||||
20 | (Source: P.A. 100-120, eff. 8-18-17.)
| ||||||
21 | (20 ILCS 3405/3.1 new) | ||||||
22 | Sec. 3.1. Agency abolished; functions transferred. | ||||||
23 | (a) On the effective date of this amendatory Act of the | ||||||
24 | 100th General Assembly, the Historic Preservation Agency, |
| |||||||
| |||||||
1 | including the Board of Trustees, is hereby abolished and all | ||||||
2 | powers, duties, rights, and responsibilities of the Historic | ||||||
3 | Preservation Agency, except those functions relating to the | ||||||
4 | Abraham Lincoln Presidential Library and Museum, shall be | ||||||
5 | transferred to the Department of Natural Resources. The powers, | ||||||
6 | duties, rights, and responsibilities related to the functions | ||||||
7 | of the Historic Preservation Agency transferred under this this | ||||||
8 | amendatory Act of the 100th General Assembly shall be vested in | ||||||
9 | and shall be exercised by the Department of Natural Resources. | ||||||
10 | Each act done in the exercise of those powers, duties, rights, | ||||||
11 | and responsibilities shall have the same legal effect as if | ||||||
12 | done by the Historic Preservation Agency or its divisions, | ||||||
13 | officers, or employees. | ||||||
14 | (b) The personnel and positions within the Historic | ||||||
15 | Preservation Agency shall be transferred to the Department of | ||||||
16 | Natural Resources and shall continue their service within the | ||||||
17 | Department of Natural Resources. The status and rights of those | ||||||
18 | employees under the Personnel Code shall not be affected by | ||||||
19 | this amendatory Act of the 100th General Assembly. The rights | ||||||
20 | of the employees and the State of Illinois and its agencies | ||||||
21 | under the Personnel Code and applicable collective bargaining | ||||||
22 | agreements or under any pension, retirement, or annuity plan, | ||||||
23 | shall not be affected by this amendatory Act of the 100th | ||||||
24 | General Assembly. | ||||||
25 | (c) All books, records, papers, documents, property (real | ||||||
26 | and personal), contracts, causes of action, and pending |
| |||||||
| |||||||
1 | business pertaining to the powers, duties, rights, and | ||||||
2 | responsibilities transferred by this amendatory Act of the | ||||||
3 | 100th General Assembly from the Historic Preservation Agency to | ||||||
4 | the Department of Natural Resources, including, but not limited | ||||||
5 | to, material in electronic or magnetic format and necessary | ||||||
6 | computer hardware and software, shall be transferred to the | ||||||
7 | Department of Natural Resources. | ||||||
8 | (d) With respect to the functions of the Historic | ||||||
9 | Preservation Agency transferred under this amendatory Act of | ||||||
10 | the 100th General Assembly, the Department of Natural Resources | ||||||
11 | is the successor agency to the Historic Preservation Agency | ||||||
12 | under the Successor Agency Act and Section 9b of the State | ||||||
13 | Finance Act. All unexpended appropriations and balances and | ||||||
14 | other funds available for use by the Historic Preservation | ||||||
15 | Agency shall, under the direction of the Governor, be | ||||||
16 | transferred for use by the Department of Natural Resources in | ||||||
17 | accordance with this amendatory Act of the 100th General | ||||||
18 | Assembly. Unexpended balances so transferred shall be expended | ||||||
19 | by the Department of Natural Resources only for the purpose for | ||||||
20 | which the appropriations were originally made. | ||||||
21 | (e) The manner in which any official is appointed, except | ||||||
22 | that when any provision of an Executive Order or Act provides | ||||||
23 | for the membership of the Historic Preservation Agency on any | ||||||
24 | council, commission, board, or other entity, the Director of | ||||||
25 | Natural Resources or his or her designee shall serve in that | ||||||
26 | place; if more than one person is required by law to serve on |
| |||||||
| |||||||
1 | any council, commission, board, or other entity, then an | ||||||
2 | equivalent number of representatives of the Department of | ||||||
3 | Natural Resources shall so serve. | ||||||
4 | (f) Whenever reports or notices are required to be made or | ||||||
5 | given or papers or documents furnished or served by any person | ||||||
6 | to or upon the Historic Preservation Agency in connection with | ||||||
7 | any of the powers, duties, rights, or responsibilities | ||||||
8 | transferred by this amendatory Act of the 100th General | ||||||
9 | Assembly, the same shall be made, given, furnished, or served | ||||||
10 | in the same manner to or upon the Department of Natural | ||||||
11 | Resources. | ||||||
12 | (g) Any rules of the Historic Preservation Agency that | ||||||
13 | relate to its powers, duties, rights, and responsibilities and | ||||||
14 | are in full force on the effective date of this amendatory Act | ||||||
15 | of the 100th General Assembly shall become the rules of the | ||||||
16 | Department of Natural Resources. This amendatory Act of the | ||||||
17 | 100th General Assembly does not affect the legality of any of | ||||||
18 | those rules in the Illinois Administrative Code. Any proposed | ||||||
19 | rule filed with the Secretary of State by the Historic | ||||||
20 | Preservation Agency that is pending in the rulemaking process | ||||||
21 | on the effective date of this amendatory Act of the 100th | ||||||
22 | General Assembly and pertain to the powers, duties, rights, and | ||||||
23 | responsibilities transferred, shall be deemed to have been | ||||||
24 | filed by the Department of Natural Resources. As soon as | ||||||
25 | practicable hereafter, the Department of Natural Resources | ||||||
26 | shall revise and clarify the rules transferred to it under this |
| |||||||
| |||||||
1 | amendatory Act of the 100th General Assembly to reflect the | ||||||
2 | reorganization of powers, duties,
rights, and responsibilities | ||||||
3 | affected by this amendatory Act of the 100th General Assembly, | ||||||
4 | using the procedures for recodification of rules available | ||||||
5 | under the Illinois Administrative Procedure Act, except that | ||||||
6 | existing title, part, and section numbering for the affected | ||||||
7 | rules may be retained. On and after the effective date of this | ||||||
8 | amendatory Act of the 100th General Assembly, the Department of | ||||||
9 | Natural Resources may propose and adopt, under the Illinois | ||||||
10 | Administrative Procedure Act, any other rules that relate to | ||||||
11 | the functions of the Historic Preservation Agency transferred | ||||||
12 | to and that will now be administered by the Department of | ||||||
13 | Natural Resources. | ||||||
14 | (h) The transfer of powers, duties, rights, and | ||||||
15 | responsibilities to the Department of Natural Resources under | ||||||
16 | this amendatory Act of the 100th General Assembly does not | ||||||
17 | affect any person's rights, obligations, or duties, including | ||||||
18 | any civil or criminal penalties applicable, arising out of | ||||||
19 | those transferred powers, duties, rights, and | ||||||
20 | responsibilities. | ||||||
21 | (i) This amendatory Act of the 100th General Assembly does | ||||||
22 | not affect any act done, ratified, or canceled, or any right | ||||||
23 | occurring or established, or any action or proceeding had or | ||||||
24 | commenced in an administrative, civil, or criminal cause by the | ||||||
25 | Historic Preservation Agency before the effective date of this | ||||||
26 | amendatory Act of the 100th General Assembly; those actions or |
| |||||||
| |||||||
1 | proceedings may be defended, prosecuted, or continued by the | ||||||
2 | Department of Natural Resources. | ||||||
3 | (j) This amendatory Act of the 100th General Assembly does | ||||||
4 | not contravene, and shall not be construed to contravene, any | ||||||
5 | State statute except as provided in this Section or federal | ||||||
6 | law. | ||||||
7 | (20 ILCS 3405/4.5 new) | ||||||
8 | Sec. 4.5. Division of Historic Preservation. | ||||||
9 | On and after the effective date this amendatory Act of the | ||||||
10 | 100th General Assembly, the Division of Historic Preservation | ||||||
11 | of the Department of Natural Resources Office of Land | ||||||
12 | Management shall exercise all
rights, powers, and duties
vested | ||||||
13 | in the Historic Sites and
Preservation Division. The head of | ||||||
14 | the Division shall be known as the Division Manager of Historic | ||||||
15 | Preservation. The Department of Natural Resources may employ or | ||||||
16 | retain other persons to assist in the discharge of its | ||||||
17 | functions under this Act, subject to the Personnel Code and any | ||||||
18 | other applicable Department policies.
| ||||||
19 | (20 ILCS 3405/6) (from Ch. 127, par. 2706)
| ||||||
20 | Sec. 6. Jurisdiction. The Historic Sites and Preservation | ||||||
21 | Division of the Department Agency shall have
jurisdiction over | ||||||
22 | the
following
described areas which are
hereby designated as | ||||||
23 | State Historic Sites, State Memorials, and
Miscellaneous | ||||||
24 | Properties:
|
| |||||||
| |||||||
1 | State Historic Sites
| ||||||
2 | Bishop Hill State Historic Site, Henry County;
| ||||||
3 | Black Hawk State Historic Site, Rock Island County;
| ||||||
4 | Bryant Cottage State Historic Site, Piatt County;
| ||||||
5 | Buel House, Pope County;
| ||||||
6 | Cahokia Courthouse State Historic Site, St. Clair County;
| ||||||
7 | Cahokia Mounds State Historic Site, in Madison and St. | ||||||
8 | Clair
Counties (however, the Illinois State Museum | ||||||
9 | shall act as curator of
artifacts pursuant to the | ||||||
10 | provisions of the Archaeological and
Paleontological | ||||||
11 | Resources Protection Act);
| ||||||
12 | Dana-Thomas House State Historic Site, Sangamon County;
| ||||||
13 | David Davis Mansion State Historic Site, McLean County;
| ||||||
14 | Douglas Tomb State Historic Site, Cook County;
| ||||||
15 | Fort de Chartres State Historic Site, Randolph County;
| ||||||
16 | Fort Kaskaskia State Historic Site, Randolph County;
| ||||||
17 | Grand Village of the Illinois, LaSalle County;
| ||||||
18 | U. S. Grant Home State Historic Site, Jo Daviess County;
| ||||||
19 | Hotel Florence, Cook County;
| ||||||
20 | Jarrot Mansion State Historic Site, St. Clair County;
| ||||||
21 | Jubilee College State Historic Site, Peoria County;
| ||||||
22 | Lincoln-Herndon Law Offices State Historic Site, Sangamon | ||||||
23 | County;
| ||||||
24 | Lincoln Log Cabin State Historic Site, Coles County;
| ||||||
25 | Lincoln's New Salem State Historic Site, Menard County;
|
| |||||||
| |||||||
1 | Lincoln Tomb State Historic Site, Sangamon County;
| ||||||
2 | Pierre Menard Home State Historic Site, Randolph County;
| ||||||
3 | Metamora Courthouse State Historic Site, Woodford County;
| ||||||
4 | Moore Home State Historic Site, Coles County;
| ||||||
5 | Mount Pulaski Courthouse State Historic Site, Logan | ||||||
6 | County;
| ||||||
7 | Old Market House State Historic Site, Jo Daviess County;
| ||||||
8 | Old State Capitol State Historic Site, Sangamon County;
| ||||||
9 | Postville Courthouse State Historic Site, Logan County;
| ||||||
10 | Pullman Factory, Cook County;
| ||||||
11 | Rose Hotel, Hardin County;
| ||||||
12 | Carl Sandburg State Historic Site, Knox County;
| ||||||
13 | Shawneetown Bank State Historic Site, Gallatin County;
| ||||||
14 | Vachel Lindsay Home, Sangamon County;
| ||||||
15 | Vandalia State House State Historic Site, Fayette County; | ||||||
16 | and
| ||||||
17 | Washburne House State Historic Site, Jo Daviess County.
| ||||||
18 | State Memorials
| ||||||
19 | Campbell's Island State Memorial, Rock Island County;
| ||||||
20 | Governor Bond State Memorial, Randolph County;
| ||||||
21 | Governor Coles State Memorial, Madison County;
| ||||||
22 | Governor Horner State Memorial, Cook County;
| ||||||
23 | Governor Small State Memorial, Kankakee County;
| ||||||
24 | Illinois Vietnam Veterans State Memorial, Sangamon County;
| ||||||
25 | Kaskaskia Bell State Memorial, Randolph County;
|
| |||||||
| |||||||
1 | Korean War Memorial, Sangamon County;
| ||||||
2 | Lewis and Clark State Memorial, Madison County;
| ||||||
3 | Lincoln Monument State Memorial, Lee County;
| ||||||
4 | Lincoln Trail State Memorial, Lawrence County;
| ||||||
5 | Lovejoy State Memorial, Madison County;
| ||||||
6 | Norwegian Settlers State Memorial, LaSalle County; and
| ||||||
7 | Wild Bill Hickok State Memorial, LaSalle County.
| ||||||
8 | Miscellaneous Properties
| ||||||
9 | Albany Mounds, Whiteside County;
| ||||||
10 | Emerald Mound, St. Clair County;
| ||||||
11 | Halfway Tavern, Marion County;
| ||||||
12 | Hofmann Tower, Cook County; and
| ||||||
13 | Kincaid Mounds, Massac and Pope Counties.
| ||||||
14 | (Source: P.A. 92-600, eff. 7-1-02.)
| ||||||
15 | (20 ILCS 3405/8) | ||||||
16 | Sec. 8. Business plans. The Department Agency shall create | ||||||
17 | an individual business plan for each historic site related to | ||||||
18 | Abraham Lincoln that is listed in Section 6 of this Act. Each | ||||||
19 | business plan must address ways to enhance tourism at the | ||||||
20 | historic site and the historic aspect of each site. The | ||||||
21 | Department Agency may seek assistance from the Department of | ||||||
22 | Commerce and Economic Opportunity when creating the business | ||||||
23 | plans. The Department Agency shall complete the business plans | ||||||
24 | no later than January 1, 2008.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-156, eff. 8-14-07.)
| ||||||
2 | (20 ILCS 3405/11) (from Ch. 127, par. 2711)
| ||||||
3 | Sec. 11.
The Historic Sites and Preservation Division of | ||||||
4 | the Department Agency
shall exercise all
rights, powers and | ||||||
5 | duties
vested in the Department of Conservation by the | ||||||
6 | "Illinois Historic
Preservation Act", approved August 14, | ||||||
7 | 1976, as amended.
| ||||||
8 | (Source: P.A. 92-600, eff. 7-1-02.)
| ||||||
9 | (20 ILCS 3405/12) (from Ch. 127, par. 2712)
| ||||||
10 | Sec. 12.
The Historic Sites and Preservation Division of | ||||||
11 | the Department Agency
shall exercise all
rights, powers and | ||||||
12 | duties
vested in the Department of Conservation by Section | ||||||
13 | 63a34 of the Civil
Administrative Code of Illinois (renumbered; | ||||||
14 | now Section 805-220 of the
Department of Natural Resources | ||||||
15 | (Conservation) Law, 20 ILCS 805/805-220).
| ||||||
16 | (Source: P.A. 91-239, eff. 1-1-00; 92-600, eff. 7-1-02.)
| ||||||
17 | (20 ILCS 3405/13) (from Ch. 127, par. 2713)
| ||||||
18 | Sec. 13.
The Historic Sites and Preservation Division of | ||||||
19 | the Department Agency
shall exercise all
rights, powers and | ||||||
20 | duties
vested in the Department of Conservation by "An Act | ||||||
21 | relating to the
planning, acquisition and development of | ||||||
22 | outdoor recreation resources and
facilities, and authorizing | ||||||
23 | the participation by the State of Illinois its
political |
| |||||||
| |||||||
1 | subdivisions and qualified participants in programs of Federal
| ||||||
2 | assistance relating thereto", approved July 6, 1965, as | ||||||
3 | amended, solely as
it relates to the powers, rights, duties and | ||||||
4 | obligations heretofore
exercised by the Department of | ||||||
5 | Conservation over historically significant
properties and | ||||||
6 | interests of the State.
| ||||||
7 | (Source: P.A. 92-600, eff. 7-1-02.)
| ||||||
8 | (20 ILCS 3405/14) (from Ch. 127, par. 2714)
| ||||||
9 | Sec. 14.
The Historic Sites and Preservation Division of | ||||||
10 | the Department Agency
shall exercise all
rights,
powers and | ||||||
11 | duties set forth
in Sections 10-40 through 10-85 of the | ||||||
12 | Property Tax Code.
| ||||||
13 | (Source: P.A. 92-600, eff. 7-1-02.)
| ||||||
14 | (20 ILCS 3405/15) (from Ch. 127, par. 2715)
| ||||||
15 | Sec. 15.
The Historic Sites and Preservation Division of | ||||||
16 | the Department Agency
shall exercise all
rights, powers and | ||||||
17 | duties
vested in the Department of Conservation by Section | ||||||
18 | 4-201.5 of the
"Illinois Highway Code", approved June 8, 1959, | ||||||
19 | as amended, solely as it
relates to access to historic sites | ||||||
20 | and memorials designated pursuant to this
Act.
| ||||||
21 | (Source: P.A. 92-600, eff. 7-1-02.)
| ||||||
22 | (20 ILCS 3405/16) (from Ch. 127, par. 2716)
| ||||||
23 | Sec. 16. The Historic Sites and Preservation Division of |
| |||||||
| |||||||
1 | the Department Agency
shall have the following
additional | ||||||
2 | powers:
| ||||||
3 | (a) To hire agents and employees necessary to carry out the | ||||||
4 | duties and
purposes of the Historic Sites and Preservation | ||||||
5 | Division of the Department Agency .
| ||||||
6 | (b) To take all measures necessary to erect, maintain, | ||||||
7 | preserve, restore,
and conserve all State Historic Sites and | ||||||
8 | State Memorials, except when
supervision and maintenance is | ||||||
9 | otherwise provided by law. This
authorization includes the | ||||||
10 | power , with the consent of the Board, to enter
into contracts, | ||||||
11 | acquire and
dispose of real and personal property, and enter | ||||||
12 | into leases of real and
personal property. The Department | ||||||
13 | Agency has the power to acquire, for purposes authorized by | ||||||
14 | law, any real property in fee simple subject to a life estate | ||||||
15 | in the seller in not more than 3 acres of the real property | ||||||
16 | acquired, subject to the restrictions that the life estate | ||||||
17 | shall be used for residential purposes only and that it shall | ||||||
18 | be non-transferable.
| ||||||
19 | (c) To provide recreational facilities, including | ||||||
20 | campsites, lodges and
cabins, trails, picnic areas, and related | ||||||
21 | recreational facilities, at all
sites under the jurisdiction of | ||||||
22 | the Department Agency .
| ||||||
23 | (d) To lay out, construct, and maintain all needful roads, | ||||||
24 | parking areas,
paths or trails, bridges, camp or lodge sites, | ||||||
25 | picnic areas, lodges and
cabins, and any other structures and | ||||||
26 | improvements necessary and appropriate
in any State historic |
| |||||||
| |||||||
1 | site or easement thereto; and to provide water
supplies, heat | ||||||
2 | and light, and sanitary facilities for the public and living
| ||||||
3 | quarters for the custodians and keepers of State historic | ||||||
4 | sites.
| ||||||
5 | (e) To grant licenses and rights-of-way within the areas | ||||||
6 | controlled
by the Historic Sites and Preservation Division of | ||||||
7 | the Department Agency for the
construction, operation,
and | ||||||
8 | maintenance upon,
under or across the property, of facilities | ||||||
9 | for water, sewage, telephone,
telegraph, electric, gas, or | ||||||
10 | other public service, subject to the terms and
conditions as | ||||||
11 | may be determined by the Department Agency .
| ||||||
12 | (f) To authorize the officers, employees, and agents of the | ||||||
13 | Historic Sites
and Preservation
Division of the Department | ||||||
14 | Agency ,
for the purposes of investigation and to exercise the | ||||||
15 | rights,
powers, and duties vested and that may be vested in it, | ||||||
16 | to enter and cross
all lands and waters in this State, doing no | ||||||
17 | damage to private property.
| ||||||
18 | (g) To transfer jurisdiction of or exchange any realty | ||||||
19 | under the
control of the Historic Sites and Preservation | ||||||
20 | Division of the Department Agency to
any other Department of
| ||||||
21 | the State Government,
or to any agency of the Federal | ||||||
22 | Government, or to acquire or accept Federal
lands, when any | ||||||
23 | transfer, exchange, acquisition, or acceptance is
advantageous | ||||||
24 | to the State and is approved in writing by the Governor.
| ||||||
25 | (h) To erect, supervise, and maintain all public monuments | ||||||
26 | and memorials
erected by the State, except when the supervision |
| |||||||
| |||||||
1 | and maintenance of
public monuments and memorials is otherwise | ||||||
2 | provided by law.
| ||||||
3 | (i) To accept, hold, maintain, and administer, as trustee, | ||||||
4 | property given
in trust for educational or historic purposes | ||||||
5 | for the benefit of the People
of the State of Illinois and to | ||||||
6 | dispose , with the consent of the Board, of
any property under | ||||||
7 | the terms of the
instrument creating the trust.
| ||||||
8 | (j) To lease concessions on any property under the | ||||||
9 | jurisdiction of the
Department Agency for a period not | ||||||
10 | exceeding 25 years and to lease a concession
complex at | ||||||
11 | Lincoln's New Salem State Historic Site for which a cash
| ||||||
12 | incentive has been authorized under Section 5.1 of this the | ||||||
13 | Historic
Preservation Agency Act for a period not to exceed 40 | ||||||
14 | years. All
leases, for whatever period, shall be made subject | ||||||
15 | to the written approval
of the Governor. All concession leases | ||||||
16 | extending for a period in excess of
10 years, will contain | ||||||
17 | provisions for the Department Agency to participate, on a
| ||||||
18 | percentage basis, in the revenues generated by any concession | ||||||
19 | operation.
| ||||||
20 | The Department Agency is authorized to allow for provisions | ||||||
21 | for a reserve account and a leasehold account within Department | ||||||
22 | Agency concession lease agreements for the purpose of setting | ||||||
23 | aside revenues for the maintenance, rehabilitation, repair, | ||||||
24 | improvement, and replacement of the concession facility, | ||||||
25 | structure, and equipment of the Department Agency that are part | ||||||
26 | of the leased premises. |
| |||||||
| |||||||
1 | The lessee shall be required to pay into the reserve | ||||||
2 | account a percentage of gross receipts, as set forth in the | ||||||
3 | lease, to be set aside and expended in a manner acceptable to | ||||||
4 | the Department Agency by the concession lessee for the purpose | ||||||
5 | of ensuring that an appropriate amount of the lessee's moneys | ||||||
6 | are provided by the lessee to satisfy the lessee's incurred | ||||||
7 | responsibilities for the operation of the concession facility | ||||||
8 | under the terms and conditions of the concession lease. | ||||||
9 | The lessee account shall allow for the amortization of | ||||||
10 | certain authorized expenses that are incurred by the concession | ||||||
11 | lessee but that are not an obligation of the lessee under the | ||||||
12 | terms and conditions of the lease agreement. The Department | ||||||
13 | Agency may allow a reduction of up to 50% of the monthly rent | ||||||
14 | due for the purpose of enabling the recoupment of the lessee's | ||||||
15 | authorized expenditures during the term of the lease.
| ||||||
16 | (k) To sell surplus agricultural products grown on land | ||||||
17 | owned by or
under the jurisdiction of the Historic Sites and | ||||||
18 | Preservation Division of
the Department Agency , when the
| ||||||
19 | products cannot be used
by the Department Agency .
| ||||||
20 | (l) To enforce the laws of the State and the rules and | ||||||
21 | regulations of the Department
Agency in or on any lands owned, | ||||||
22 | leased, or managed by the Historic Sites and
Preservation
| ||||||
23 | Division of the Department Agency .
| ||||||
24 | (m) To cooperate with private organizations and agencies of | ||||||
25 | the
State of Illinois by providing areas and the use of staff | ||||||
26 | personnel
where feasible for the sale of publications on the |
| |||||||
| |||||||
1 | historic and cultural
heritage of the State and craft items | ||||||
2 | made by Illinois craftsmen. These
sales shall not conflict with | ||||||
3 | existing concession agreements. The
Historic Sites and | ||||||
4 | Preservation Division of the Department Agency is authorized to
| ||||||
5 | negotiate with the
organizations and
agencies for a portion of | ||||||
6 | the monies received from sales to be returned
to the Historic | ||||||
7 | Sites and Preservation Division of the Department's Agency's | ||||||
8 | Historic
Sites Fund
for the
furtherance of interpretive
and | ||||||
9 | restoration programs.
| ||||||
10 | (n) To establish local bank or savings and loan association
| ||||||
11 | accounts, upon the written authorization of the Director, to | ||||||
12 | temporarily
hold income received at any of its properties. The | ||||||
13 | local accounts
established under this Section shall be in the | ||||||
14 | name of the Department Historic
Preservation Agency and shall | ||||||
15 | be subject to regular audits. The balance in
a local bank or | ||||||
16 | savings and loan association account shall be forwarded to
the | ||||||
17 | Department Agency for deposit with the State Treasurer on | ||||||
18 | Monday of each week if
the amount to be deposited in a fund | ||||||
19 | exceeds $500.
| ||||||
20 | No bank or savings and loan association shall receive | ||||||
21 | public funds as
permitted by this Section, unless it has | ||||||
22 | complied with the requirements
established under Section 6 of | ||||||
23 | the Public Funds Investment Act.
| ||||||
24 | (o) To accept , with the consent of the Board, offers of | ||||||
25 | gifts,
gratuities, or grants from the federal
government, its | ||||||
26 | agencies, or offices, or from any person, firm, or
corporation.
|
| |||||||
| |||||||
1 | (p) To make reasonable rules and regulations as may be | ||||||
2 | necessary to
discharge the duties of the Department Agency .
| ||||||
3 | (q) With appropriate cultural organizations, to further | ||||||
4 | and advance the
goals of the Department Agency .
| ||||||
5 | (r) To make grants for the purposes of planning, survey, | ||||||
6 | rehabilitation,
restoration, reconstruction, landscaping, and | ||||||
7 | acquisition of Illinois
properties (i) designated individually | ||||||
8 | in the National
Register of Historic Places, (ii) designated as | ||||||
9 | a landmark under a county or
municipal landmark ordinance, or | ||||||
10 | (iii) located within a National Register of
Historic Places | ||||||
11 | historic district or a locally designated historic district
| ||||||
12 | when the Director determines that the property is of historic | ||||||
13 | significance
whenever an
appropriation is made therefor by the | ||||||
14 | General Assembly or whenever gifts or
grants are received for | ||||||
15 | that purpose and to promulgate
regulations as may be necessary | ||||||
16 | or desirable to carry out the purposes
of the grants.
| ||||||
17 | Grantees may, as prescribed by rule, be required to provide | ||||||
18 | matching funds
for each grant. Grants made under this | ||||||
19 | subsection shall be known as Illinois
Heritage Grants.
| ||||||
20 | Every owner of a historic property, or the owner's agent, | ||||||
21 | is eligible to
apply for a grant under this subsection.
| ||||||
22 | (s) To establish and implement a pilot program for charging | ||||||
23 | admission to
State historic sites. Fees may be charged for | ||||||
24 | special events, admissions, and
parking or any combination; | ||||||
25 | fees may be charged at all sites or selected sites.
All fees | ||||||
26 | shall be deposited into the Illinois Historic Sites Fund. The
|
| |||||||
| |||||||
1 | Historic Sites and Preservation Division of the Department | ||||||
2 | Agency
shall have the discretion to set and adjust reasonable | ||||||
3 | fees at the various
sites, taking into consideration various | ||||||
4 | factors, including, but not limited to:
cost of services | ||||||
5 | furnished to each visitor, impact of fees on attendance and
| ||||||
6 | tourism, and the costs expended collecting the fees. The | ||||||
7 | Department
Agency shall keep
careful records of the income and | ||||||
8 | expenses resulting from the imposition of
fees, shall keep | ||||||
9 | records as to the attendance at each historic site, and shall
| ||||||
10 | report to the Governor and General Assembly by January 31 after | ||||||
11 | the close of
each year. The report shall include information on | ||||||
12 | costs, expenses,
attendance, comments by visitors, and any | ||||||
13 | other information the Department
Agency may
believe pertinent, | ||||||
14 | including:
| ||||||
15 | (1) Recommendations as to whether fees should be | ||||||
16 | continued at each State
historic site.
| ||||||
17 | (2) How the fees should be structured and imposed.
| ||||||
18 | (3) Estimates of revenues and expenses associated with | ||||||
19 | each site.
| ||||||
20 | (t) To provide for overnight tent and trailer campsites and | ||||||
21 | to provide
suitable housing facilities for student and juvenile | ||||||
22 | overnight camping
groups. The Historic Sites and Preservation | ||||||
23 | Division of the Department Agency shall
charge rates similar to | ||||||
24 | those
charged by the Department
of Conservation for the same or | ||||||
25 | similar facilities and services.
| ||||||
26 | (u) To engage in marketing activities designed to promote |
| |||||||
| |||||||
1 | the sites and
programs administered by the Department Agency . | ||||||
2 | In
undertaking these activities, the Department
Agency may take | ||||||
3 | all necessary steps with respect
to products and services,
| ||||||
4 | including, but not limited to, retail sales, wholesale sales, | ||||||
5 | direct marketing,
mail order sales, telephone sales, | ||||||
6 | advertising and promotion, purchase of
product and materials | ||||||
7 | inventory, design, printing and manufacturing of new
products, | ||||||
8 | reproductions, and adaptations, copyright and trademark | ||||||
9 | licensing and
royalty agreements, and payment of applicable | ||||||
10 | taxes. In addition, the Department Agency
shall have the | ||||||
11 | authority to sell advertising in its publications and printed
| ||||||
12 | materials. All income from marketing
activities shall be | ||||||
13 | deposited into the Illinois Historic Sites Fund.
| ||||||
14 | (Source: P.A. 99-642, eff. 7-28-16.)
| ||||||
15 | (20 ILCS 3405/19) (from Ch. 127, par. 2719)
| ||||||
16 | Sec. 19.
Whenever personal property has been loaned to or | ||||||
17 | deposited
with the Department Agency and held more than 25 | ||||||
18 | years and no person has made claim
upon the property, the | ||||||
19 | property shall be deemed abandoned and shall become
the | ||||||
20 | property of the Department Agency . Provided, however, that in | ||||||
21 | order to perfect
the title the Department Agency must | ||||||
22 | diligently seek to find the owner by writing to
the owner at | ||||||
23 | the last known address by certified mail. If no claim is made
| ||||||
24 | within 30 days of sending the certified letter, the Department | ||||||
25 | Agency shall publish in
the official State newspaper and in a |
| |||||||
| |||||||
1 | local newspaper that distributes in
the area of owner's last | ||||||
2 | known address a notice containing the name of the
owner, a | ||||||
3 | description of the property, and the method of filing a claim. | ||||||
4 | If
no person claims the property within 90 days after the | ||||||
5 | advertisement is
published, title to the property vests in the | ||||||
6 | Department Agency .
| ||||||
7 | (Source: P.A. 87-231.)
| ||||||
8 | (20 ILCS 3405/22)
| ||||||
9 | Sec. 22. Amistad Commission. | ||||||
10 | (a) Purpose. The General Assembly finds and declares that | ||||||
11 | all people should know of and remember the human carnage and | ||||||
12 | dehumanizing atrocities committed during the period of the | ||||||
13 | African slave trade and slavery in America and of the vestiges | ||||||
14 | of slavery in this country; and it is in fact vital to educate | ||||||
15 | our citizens on these events, the legacy of slavery, the sad | ||||||
16 | history of racism in this country, and the principles of human | ||||||
17 | rights and dignity in a civilized society. | ||||||
18 | It is the policy of the State of Illinois that the history | ||||||
19 | of the African slave trade, slavery in America, the depth of | ||||||
20 | their impact in our society, and the triumphs of | ||||||
21 | African-Americans and their significant contributions to the | ||||||
22 | development of this country is the proper concern of all | ||||||
23 | people, particularly students enrolled in the schools of the | ||||||
24 | State of Illinois. | ||||||
25 | It is therefore desirable to create a Commission that, as |
| |||||||
| |||||||
1 | an organized body and on a continuous basis, will survey, | ||||||
2 | design, encourage, and promote the implementation of education | ||||||
3 | and awareness programs in Illinois that are concerned with the | ||||||
4 | African slave trade, slavery in America, the vestiges of | ||||||
5 | slavery in this country, and the contributions of | ||||||
6 | African-Americans in building our country; to develop | ||||||
7 | workshops, institutes, seminars, and other teacher training | ||||||
8 | activities designed to educate teachers on this subject matter; | ||||||
9 | and that will be responsible for the coordination of events on | ||||||
10 | a regular basis, throughout the State, that provide appropriate | ||||||
11 | memorialization of the events concerning the enslavement of | ||||||
12 | Africans and their descendants in America and their struggle | ||||||
13 | for freedom, liberty, and equality. | ||||||
14 | (b) Amistad Commission. The Amistad Commission is created | ||||||
15 | within the Department Agency . The Commission is named to honor | ||||||
16 | the group of enslaved Africans transported in 1839 on a vessel | ||||||
17 | named the Amistad who overthrew their captors and created an | ||||||
18 | international incident that was eventually argued before the | ||||||
19 | Supreme Court and that shed a growing light on the evils of the | ||||||
20 | slave trade and galvanized a growing abolitionist movement | ||||||
21 | towards demanding the end of slavery in the United States. | ||||||
22 | (c) Membership. The Commission shall consist of 15 members, | ||||||
23 | including 3 ex officio members: the State Superintendent of | ||||||
24 | Education or
his or her designee, the Director of Commerce and | ||||||
25 | Economic Opportunity or his or her designee, and the Director | ||||||
26 | of Historic Sites and Preservation or his or her designee; and |
| |||||||
| |||||||
1 | 12 public
members. Public members shall be appointed as | ||||||
2 | follows: | ||||||
3 | (i) 2 members appointed by the President of the Senate | ||||||
4 | and one member appointed by the Minority Leader of the | ||||||
5 | Senate;
| ||||||
6 | (ii) 2 members appointed by the Speaker of the House of | ||||||
7 | Representatives and one member appointed by the Minority | ||||||
8 | Leader of the House of Representatives; and
| ||||||
9 | (iii) 6 members, no more than 4 of whom shall be of the | ||||||
10 | same political party, appointed by the Governor.
| ||||||
11 | The public members shall be residents of this State, chosen | ||||||
12 | with due regard to broad geographic representation and ethnic | ||||||
13 | diversity, who have served actively in organizations that | ||||||
14 | educate the public on the history of the African slave trade, | ||||||
15 | the contributions of African-Americans to our society, and | ||||||
16 | civil rights issues. | ||||||
17 | Each public member of the Commission shall serve for a term | ||||||
18 | of 3 years, except that of the initial members so appointed: | ||||||
19 | one member appointed by the President of the Senate, one member | ||||||
20 | appointed by the Speaker of the House of Representatives, and 2 | ||||||
21 | members appointed by the Governor shall serve for terms of one | ||||||
22 | year; the member appointed by the Minority Leader of the | ||||||
23 | Senate, one member appointed by the Speaker of the House of | ||||||
24 | Representatives, and 2 members appointed by the Governor shall | ||||||
25 | serve for terms of 2 years; and one member appointed by the | ||||||
26 | President of the Senate, the member appointed by the Minority |
| |||||||
| |||||||
1 | Leader of the House of Representatives, and 2 members appointed | ||||||
2 | by the Governor shall serve for terms of 3 years. Public | ||||||
3 | members shall be eligible for reappointment. They shall serve | ||||||
4 | until their successors are appointed and qualified, and the | ||||||
5 | term of the successor of any incumbent shall be calculated from | ||||||
6 | the expiration of the term of that incumbent. A vacancy | ||||||
7 | occurring other than by expiration of term shall be filled in | ||||||
8 | the same manner as the original appointment, but for the | ||||||
9 | unexpired term only. | ||||||
10 | (d) Election of chairperson; meetings. At its first meeting | ||||||
11 | and annually thereafter, the Commission shall elect from among | ||||||
12 | its members a chairperson and other officers it considers | ||||||
13 | necessary or appropriate. After its first meeting, the | ||||||
14 | Commission shall meet at least quarterly, or more frequently at | ||||||
15 | the call of the chairperson or if requested by 9 or more | ||||||
16 | members. | ||||||
17 | (e) Quorum. A majority of the members of the Commission | ||||||
18 | constitute a quorum for the transaction of business at a | ||||||
19 | meeting of the Commission. A majority of the members present | ||||||
20 | and serving is required for official action of the Commission. | ||||||
21 | (f) Public meeting. All business that the Commission is | ||||||
22 | authorized to perform shall be conducted at a public meeting of | ||||||
23 | the Commission, held in compliance with the Open Meetings Act. | ||||||
24 | (g) Freedom of Information. A writing prepared, owned, | ||||||
25 | used, in the possession of, or retained by the Commission in | ||||||
26 | the performance of an official function is subject to the |
| |||||||
| |||||||
1 | Freedom of Information Act. | ||||||
2 | (h) Compensation. The members of the Commission shall serve | ||||||
3 | without compensation, but shall be entitled to reimbursement | ||||||
4 | for all necessary expenses incurred in the performance of their | ||||||
5 | official duties as members of the Commission from funds | ||||||
6 | appropriated for that purpose. Reimbursement for travel, | ||||||
7 | meals, and lodging shall be in accordance with the rules of the | ||||||
8 | Governor's Travel Control Board. | ||||||
9 | (i) Duties. The Commission shall have the following | ||||||
10 | responsibilities and duties:
| ||||||
11 | (1) To provide, based upon the collective interest of | ||||||
12 | the members and the knowledge and experience of the | ||||||
13 | members, assistance and advice to schools within the State | ||||||
14 | with respect to the implementation of education, awareness | ||||||
15 | programs, textbooks, and educational materials concerned | ||||||
16 | with the African slave trade, slavery in America, the | ||||||
17 | vestiges of slavery in this country, and the contributions | ||||||
18 | of African-Americans to our society. | ||||||
19 | (2) To survey and catalog the extent and breadth of | ||||||
20 | education concerning the African slave trade, slavery in | ||||||
21 | America, the vestiges of slavery in this country, and the | ||||||
22 | contributions of African-Americans to our society | ||||||
23 | presently being incorporated into the curricula and | ||||||
24 | textbooks and taught in the school systems of the State; to | ||||||
25 | inventory those African slave trade, American slavery, or | ||||||
26 | relevant African-American history memorials, exhibits, and |
| |||||||
| |||||||
1 | resources that should be incorporated into courses of study | ||||||
2 | at educational institutions, schools, and various other | ||||||
3 | locations throughout the State; and to assist the State | ||||||
4 | Board of Education and
other State and educational agencies | ||||||
5 | in the development and implementation of African slave | ||||||
6 | trade, American slavery, and African-American history | ||||||
7 | education programs. | ||||||
8 | (3) To act as a liaison with textbook publishers, | ||||||
9 | schools, public, private, and nonprofit resource | ||||||
10 | organizations,
and members of the United States Senate and | ||||||
11 | House of
Representatives and the Illinois Senate and House | ||||||
12 | of Representatives in
order to facilitate the inclusion of | ||||||
13 | the history of African slavery and
of African-Americans in | ||||||
14 | this country in the curricula of public and
nonpublic | ||||||
15 | schools. | ||||||
16 | (4) To compile a roster of individual volunteers who | ||||||
17 | are willing to share their knowledge and experience in | ||||||
18 | classrooms, seminars, and workshops with students and | ||||||
19 | teachers on the subject of the African slave trade, | ||||||
20 | American slavery, the impact of slavery on our society | ||||||
21 | today, and the contributions of African-Americans to our | ||||||
22 | country. | ||||||
23 | (5) To coordinate events memorializing the African | ||||||
24 | slave trade, American slavery, and the history of | ||||||
25 | African-Americans in this country that reflect the | ||||||
26 | contributions of African-Americans in overcoming the |
| |||||||
| |||||||
1 | burdens of slavery and its vestiges, and to seek volunteers | ||||||
2 | who are willing and able to participate in commemorative | ||||||
3 | events that will enhance student awareness of the | ||||||
4 | significance of the African slave trade, American slavery, | ||||||
5 | its historical impact, and the struggle for freedom. | ||||||
6 | (6) To prepare reports for the Governor and the General | ||||||
7 | Assembly regarding its findings and recommendations on | ||||||
8 | facilitating the inclusion of the African slave trade, | ||||||
9 | American slavery studies, African-American history, and | ||||||
10 | special programs in the educational system of the State.
| ||||||
11 | (7) To develop, in consultation with the State Board of | ||||||
12 | Education, curriculum guidelines that will be made | ||||||
13 | available to every school board for the teaching of | ||||||
14 | information on the African slave trade, slavery in America, | ||||||
15 | the vestiges of slavery in this country, and the | ||||||
16 | contributions of African-Americans to our country.
| ||||||
17 | (8) To solicit, receive, and accept appropriations, | ||||||
18 | gifts, and donations for Commission operations and | ||||||
19 | programs authorized under this Section.
| ||||||
20 | (j) Commission requests for assistance. The Commission is | ||||||
21 | authorized to call upon any department, office, division, or | ||||||
22 | agency of the State, or of any county, municipality, or school | ||||||
23 | district of the State, to supply such data, program reports, | ||||||
24 | and other information, appropriate school personnel, and | ||||||
25 | assistance as it deems necessary to discharge its | ||||||
26 | responsibilities under this Act. These departments, offices, |
| |||||||
| |||||||
1 | divisions, and agencies shall, to the extent possible and not | ||||||
2 | inconsistent with any other law of this State, cooperate with | ||||||
3 | the Commission and shall furnish it with such information, | ||||||
4 | appropriate school personnel, and assistance as may be | ||||||
5 | necessary or helpful to accomplish the purposes of this Act.
| ||||||
6 | (k) State Board of Education assistance. The State Board of | ||||||
7 | Education shall: | ||||||
8 | (1) Assist the Amistad Commission in marketing and | ||||||
9 | distributing to educators, administrators, and school | ||||||
10 | districts in the State educational information and other | ||||||
11 | materials on the African slave trade, slavery in America, | ||||||
12 | the vestiges of slavery in this country, and the | ||||||
13 | contributions of African-Americans to our society. | ||||||
14 | (2) Conduct at least one teacher workshop annually on | ||||||
15 | the African slave trade, slavery in America, the vestiges | ||||||
16 | of slavery in this country, and the contributions of | ||||||
17 | African-Americans to our society. | ||||||
18 | (3) Assist the Amistad Commission in monitoring the | ||||||
19 | inclusion of slavery materials and curricula in the State's | ||||||
20 | educational system. | ||||||
21 | (4) Consult with the Amistad Commission to determine | ||||||
22 | ways it may survey, catalog, and extend slave trade and | ||||||
23 | American slavery education presently being taught in the | ||||||
24 | State's educational system. | ||||||
25 | The State Board of Education may, subject to the | ||||||
26 | availability of appropriations, hire additional staff and |
| |||||||
| |||||||
1 | consultants to carry out the duties and responsibilities | ||||||
2 | provided within this subsection (k). | ||||||
3 | (l) Report. The Commission shall report its activities and | ||||||
4 | findings, as required under subsection (i), to the Governor and | ||||||
5 | General Assembly on or before June 30, 2006, and biannually | ||||||
6 | thereafter.
| ||||||
7 | (Source: P.A. 94-285, eff. 7-21-05.) | ||||||
8 | (20 ILCS 3405/35) | ||||||
9 | Sec. 35. Products manufactured in the United States. State | ||||||
10 | Historic Sites, State Memorials, and other properties that are | ||||||
11 | under the jurisdiction of the Department Historic Preservation | ||||||
12 | Agency under Section 6 of this Act shall set aside a booth or | ||||||
13 | section for the sale of products manufactured in the United | ||||||
14 | States. As used in this Section, "products manufactured in the | ||||||
15 | United States" means assembled articles, materials, or | ||||||
16 | supplies for which design, final assembly, processing, | ||||||
17 | packaging, testing, or other process that adds value, quality, | ||||||
18 | or reliability occurred in the United States.
| ||||||
19 | (Source: P.A. 98-1031, eff. 8-25-14.)
| ||||||
20 | (20 ILCS 3405/3 rep.)
| ||||||
21 | (20 ILCS 3405/4 rep.)
| ||||||
22 | (20 ILCS 3405/5 rep.)
| ||||||
23 | (20 ILCS 3405/34 rep.)
| ||||||
24 | Section 30. The Historic Preservation Agency Act is amended |
| |||||||
| |||||||
1 | by repealing Sections 3, 4, 5, and 34. | ||||||
2 | Section 35. The Illinois Historic Preservation Act is | ||||||
3 | amended by changing Sections 2, 3, 4, 5, and 15 as follows:
| ||||||
4 | (20 ILCS 3410/2) (from Ch. 127, par. 133d2)
| ||||||
5 | Sec. 2. As used in this Act:
| ||||||
6 | (a) "Council" means the Illinois Historic Sites Advisory | ||||||
7 | Council.
| ||||||
8 | (b) (Blank).
| ||||||
9 | (c) (Blank). "Agency" means the Historic Preservation
| ||||||
10 | Agency.
| ||||||
11 | (c-5) "Department" means the Department of Natural | ||||||
12 | Resources. | ||||||
13 | (d) "Director" means the Director of Natural Resources, or | ||||||
14 | his or her designee, Historic Preservation who will serve as
| ||||||
15 | the State Historic Preservation Officer.
| ||||||
16 | (d-1) "Historic resource" means any property which is | ||||||
17 | either publicly or privately held and which: | ||||||
18 | (1) is listed in the National Register of Historic | ||||||
19 | Places (hereafter "National Register"); | ||||||
20 | (2) has been formally determined by the Director to be | ||||||
21 | eligible for listing in the National Register as defined in | ||||||
22 | Section 106 of Title 16 of the United States Code; | ||||||
23 | (3) has been nominated by the Director and the Illinois | ||||||
24 | Historic Sites Advisory Council for listing in the National |
| |||||||
| |||||||
1 | Register; or | ||||||
2 | (4) meets one or more criteria for listing in the | ||||||
3 | National Register, as determined by the Director. | ||||||
4 | (e) "Place" means (1) any parcel or contiguous grouping of | ||||||
5 | parcels of
real estate under common or related ownership or | ||||||
6 | control, where any significant
improvements are at least 40 | ||||||
7 | years old, or (2) any aboriginal mound, fort,
earthwork, | ||||||
8 | village, location, burial ground, historic or prehistoric | ||||||
9 | ruin,
mine case or other location which is or may be the source | ||||||
10 | of important archeological
data.
| ||||||
11 | (f) (Blank).
| ||||||
12 | (g) (Blank).
| ||||||
13 | (h) (Blank).
| ||||||
14 | (i) (Blank).
| ||||||
15 | (Source: P.A. 97-785, eff. 7-13-12.)
| ||||||
16 | (20 ILCS 3410/3) (from Ch. 127, par. 133d3)
| ||||||
17 | Sec. 3.
There is recognized and established hereunder the | ||||||
18 | Illinois Historic
Sites Advisory Council, previously | ||||||
19 | established pursuant to Federal regulations,
hereafter called | ||||||
20 | the Council. The Council shall consist of
15 members. Of these, | ||||||
21 | there shall be at least 3 historians, at least 3
architectural | ||||||
22 | historians, or architects with a preservation background,
and | ||||||
23 | at least 3 archeologists. The remaining 6 members shall be | ||||||
24 | drawn from
supporting fields and have a preservation interest. | ||||||
25 | Supporting fields shall
include but not be limited to |
| |||||||
| |||||||
1 | historical geography, law, urban planning,
local government | ||||||
2 | officials, and members of other preservation commissions.
All | ||||||
3 | shall be appointed by the Director of Historic Sites and | ||||||
4 | Preservation,
with the consent of the Board .
| ||||||
5 | The Council Chairperson shall be appointed by the Director | ||||||
6 | of Historic
Sites and Preservation from the Council
membership | ||||||
7 | and shall serve at the Director's pleasure.
| ||||||
8 | The Executive Director of the Abraham Lincoln Presidential | ||||||
9 | Library and Museum and the Director of
the Illinois State | ||||||
10 | Museum shall serve on the Council
in advisory capacity as | ||||||
11 | non-voting members.
| ||||||
12 | Terms of membership shall be 3 years and shall be staggered | ||||||
13 | by the Director
to assure continuity of representation.
| ||||||
14 | The Council shall meet at least 3 times each year. | ||||||
15 | Additional meetings
may be held at the call of the chairperson | ||||||
16 | or at the call of the Director.
| ||||||
17 | Members shall serve without compensation, but shall be | ||||||
18 | reimbursed for actual
expenses incurred in the performance of | ||||||
19 | their duties.
| ||||||
20 | (Source: P.A. 100-120, eff. 8-18-17.)
| ||||||
21 | (20 ILCS 3410/4) (from Ch. 127, par. 133d4)
| ||||||
22 | Sec. 4.
In addition to those powers specifically granted or | ||||||
23 | necessary
to perform the duties prescribed by this Act, the | ||||||
24 | Council shall have the
following powers:
| ||||||
25 | (a) to recommend nominations to the National Register |
| |||||||
| |||||||
1 | of Historic Places;
| ||||||
2 | (b) (blank);
| ||||||
3 | (c) to recommend removal of places from the National | ||||||
4 | Register of Historic Places;
| ||||||
5 | (d) (blank);
| ||||||
6 | (e) (blank); and
| ||||||
7 | (f) to advise the Department Agency on matters | ||||||
8 | pertaining to
historic preservation.
| ||||||
9 | (Source: P.A. 97-785, eff. 7-13-12.)
| ||||||
10 | (20 ILCS 3410/5) (from Ch. 127, par. 133d5)
| ||||||
11 | Sec. 5.
In addition to the powers otherwise specifically | ||||||
12 | granted to the
Department Agency by law, the Department Agency | ||||||
13 | shall have
the following powers and responsibilities:
| ||||||
14 | (a) to perform the administrative functions for the | ||||||
15 | Council;
| ||||||
16 | (b) to hold public hearings and meetings concerning the | ||||||
17 | National Register
of Historic Places;
| ||||||
18 | (c) to prepare and periodically revise a statewide | ||||||
19 | preservation plan;
| ||||||
20 | (d) to attempt to maximize the extent to which the | ||||||
21 | preservation of historic resources is accomplished through | ||||||
22 | active use, including
self-sustaining or revenue-producing | ||||||
23 | use and through the involvement of
persons other than the | ||||||
24 | Department Agency ; and
| ||||||
25 | (e) to disseminate information of historic resources,
|
| |||||||
| |||||||
1 | to provide technical and other assistance to persons | ||||||
2 | involved in preservation
activities, to develop | ||||||
3 | interpretive programs and otherwise stimulate public
| ||||||
4 | interest in preservation.
| ||||||
5 | (Source: P.A. 97-785, eff. 7-13-12.)
| ||||||
6 | (20 ILCS 3410/15) (from Ch. 127, par. 133d15)
| ||||||
7 | Sec. 15.
All monies received for historic preservation | ||||||
8 | programs administered
by the Department Agency , including | ||||||
9 | grants, direct and indirect cost reimbursements,
income from | ||||||
10 | marketing activities, gifts, donations and bequests, from
| ||||||
11 | private organizations, individuals,
other State agencies or | ||||||
12 | federal agencies, monies received from publications,
and | ||||||
13 | copying and certification fees related to such programs, and | ||||||
14 | all income
from fees generated from admissions, special events, | ||||||
15 | parking, camping,
concession and property rental, shall be | ||||||
16 | deposited into a special fund in the
State treasury, to be | ||||||
17 | known as the Illinois Historic Sites Fund, which is
hereby | ||||||
18 | created. Subject to appropriation, the monies in such fund | ||||||
19 | shall be
used by the Department Agency for historic | ||||||
20 | preservation purposes only.
| ||||||
21 | The Illinois Historic Sites Fund is not subject to | ||||||
22 | administrative charges or charge-backs, including but not | ||||||
23 | limited to those authorized under Section 8h of the State | ||||||
24 | Finance Act. | ||||||
25 | (Source: P.A. 96-1312, eff. 7-27-10.)
|
| |||||||
| |||||||
1 | Section 40. The Historical Sites Listing Act is amended by | ||||||
2 | changing Sections 1, 2, and 3 as follows:
| ||||||
3 | (20 ILCS 3415/1) (from Ch. 128, par. 31)
| ||||||
4 | Sec. 1.
Any person or State or local governmental agency | ||||||
5 | owning a site of
general historical interest or having the | ||||||
6 | written consent of the owner of
such a site may apply to the | ||||||
7 | Department of Natural Resources Historic Preservation Agency | ||||||
8 | to have that
site listed and marked as a State historic site.
| ||||||
9 | (Source: P.A. 92-600, eff. 7-1-02.)
| ||||||
10 | (20 ILCS 3415/2) (from Ch. 128, par. 32)
| ||||||
11 | Sec. 2.
If the Department of Natural Resources Historic | ||||||
12 | Preservation Agency finds
that a site described in
an | ||||||
13 | application under Section 1 is of sufficient general historical | ||||||
14 | interest
to warrant listing and marking, it shall list the site | ||||||
15 | in a register kept
for that purpose and shall display at the | ||||||
16 | site a suitable marker indicating
that the site is a registered | ||||||
17 | State historic site.
| ||||||
18 | (Source: P.A. 92-600, eff. 7-1-02.)
| ||||||
19 | (20 ILCS 3415/3) (from Ch. 128, par. 33)
| ||||||
20 | Sec. 3.
The Department of Natural Resources Historic | ||||||
21 | Preservation Agency , in cooperation with the Division
of | ||||||
22 | Highways of the Department of
Transportation and any other |
| |||||||
| |||||||
1 | interested
public or private agency, shall place and maintain | ||||||
2 | all markers at State
historic sites registered under this Act.
| ||||||
3 | (Source: P.A. 92-600, eff. 7-1-02.)
| ||||||
4 | Section 45. The Illinois State Agency Historic Resources | ||||||
5 | Preservation Act is amended by changing Sections 1, 3, 4, and 5 | ||||||
6 | as follows:
| ||||||
7 | (20 ILCS 3420/1) (from Ch. 127, par. 133c21)
| ||||||
8 | Sec. 1. Purposes. The purpose of this Act is to provide | ||||||
9 | Illinois State
government leadership in preserving, restoring, | ||||||
10 | and maintaining the
historic resources of the State. It is the | ||||||
11 | purpose of this Act to
establish a program whereby State | ||||||
12 | agencies (1) administer the historic
resources under their | ||||||
13 | control to foster and enhance their availability to
future | ||||||
14 | generations, (2) prepare policies and plans to contribute to | ||||||
15 | the
preservation, restoration, and maintenance of State-owned | ||||||
16 | historic
resources for the inspiration and benefit of the | ||||||
17 | people, and (3) in
consultation with the Director of Natural | ||||||
18 | Resources Historic Preservation , institute
procedures to | ||||||
19 | ensure that State projects consider the preservation and
| ||||||
20 | enhancement of both State owned and non-State owned historic | ||||||
21 | resources.
| ||||||
22 | (Source: P.A. 86-707.)
| ||||||
23 | (20 ILCS 3420/3) (from Ch. 127, par. 133c23)
|
| |||||||
| |||||||
1 | Sec. 3. Definitions.
| ||||||
2 | (a) "Director" means the Director of Natural Resources, or | ||||||
3 | his or her designee, Historic Preservation who shall serve
as | ||||||
4 | the State Historic Preservation Officer.
| ||||||
5 | (b) "Agency" shall have the same meaning as in Section 1-20 | ||||||
6 | of
the Illinois Administrative Procedure Act, and shall | ||||||
7 | specifically include
all agencies and entities made subject to | ||||||
8 | such Act by any State statute.
| ||||||
9 | (c) "Historic resource" means any property which is either | ||||||
10 | publicly or
privately held and which:
| ||||||
11 | (1) is listed in the National Register of Historic | ||||||
12 | Places (hereafter
"National Register");
| ||||||
13 | (2) has been formally determined by the Director to be | ||||||
14 | eligible for
listing in the National Register as defined in | ||||||
15 | Section 106 of Title 16 of the
United States Code;
| ||||||
16 | (3) has been nominated by the Director and the Illinois | ||||||
17 | Historic Sites
Advisory Council for listing in the National | ||||||
18 | Register;
| ||||||
19 | (4) meets one or more criteria for listing in the | ||||||
20 | National Register, as
determined by the Director; or
| ||||||
21 | (5) (blank).
| ||||||
22 | (d) "Adverse effect" means:
| ||||||
23 | (1) destruction or alteration of all or part of an | ||||||
24 | historic resource;
| ||||||
25 | (2) isolation or alteration of the surrounding | ||||||
26 | environment of an historic
resource;
|
| |||||||
| |||||||
1 | (3) introduction of visual, audible, or atmospheric | ||||||
2 | elements which are
out of character with an historic | ||||||
3 | resource or which alter its setting;
| ||||||
4 | (4) neglect or improper utilization of an historic | ||||||
5 | resource which
results in its deterioration or | ||||||
6 | destruction; or
| ||||||
7 | (5) transfer or sale of an historic resource to any | ||||||
8 | public or private
entity without the inclusion of adequate | ||||||
9 | conditions or restrictions
regarding preservation, | ||||||
10 | maintenance, or use.
| ||||||
11 | (e) "Comment" means the written finding by the Director of | ||||||
12 | the effect of
a State undertaking on an historic resource.
| ||||||
13 | (f) "Undertaking" means any project, activity, or program | ||||||
14 | that can
result in changes in the character or use of historic | ||||||
15 | property, if any
historic property is located in the area of | ||||||
16 | potential effects. The
project, activity or program shall be | ||||||
17 | under the direct or indirect
jurisdiction of a State agency or | ||||||
18 | licensed or assisted by a State agency.
An undertaking | ||||||
19 | includes, but is not limited to, action which is:
| ||||||
20 | (1) directly undertaken by a State agency;
| ||||||
21 | (2) supported in whole or in part through State | ||||||
22 | contracts, grants,
subsidies, loan guarantees, or any | ||||||
23 | other form of direct or indirect funding
assistance; or
| ||||||
24 | (3) carried out pursuant to a State lease, permit, | ||||||
25 | license, certificate,
approval, or other form of | ||||||
26 | entitlement or permission.
|
| |||||||
| |||||||
1 | (g) "Committee" means the Historic Preservation Mediation | ||||||
2 | Committee.
| ||||||
3 | (h) "Feasible" means capable of being accomplished in a | ||||||
4 | successful
manner within a reasonable period of time, taking | ||||||
5 | into account economic,
environmental, social, and | ||||||
6 | technological factors.
| ||||||
7 | (i) "Private undertaking" means any undertaking that does | ||||||
8 | not receive
public funding or is not on public lands.
| ||||||
9 | (j) "High probability area" means any occurrence of Cahokia | ||||||
10 | Alluvium,
Carmi Member of the Equality Formation, Grayslake | ||||||
11 | Peat, Parkland Sand,
Peyton Colluvium, the Batavia Member of | ||||||
12 | the Henry Formation, or the
Mackinaw Member, as mapped by | ||||||
13 | Lineback et al. (1979) at a scale of
1-500,000 within permanent | ||||||
14 | stream floodplains and including:
| ||||||
15 | (1) 500 yards of the adjoining bluffline crest of the | ||||||
16 | Fox, Illinois,
Kankakee, Kaskaskia, Mississippi, Ohio, | ||||||
17 | Rock and Wabash Rivers and 300
yards of the adjoining | ||||||
18 | bluffline crest of all other rivers or
| ||||||
19 | (2) a 500 yard wide area along the shore of Lake | ||||||
20 | Michigan abutting the
high water mark.
| ||||||
21 | (Source: P.A. 97-785, eff. 7-13-12; 98-463, eff. 8-16-13.)
| ||||||
22 | (20 ILCS 3420/4) (from Ch. 127, par. 133c24)
| ||||||
23 | Sec. 4. State agency undertakings.
| ||||||
24 | (a) As early in the planning process as may be practicable | ||||||
25 | and prior to
the approval of the final design or plan of any |
| |||||||
| |||||||
1 | undertaking by a State
agency, or prior to the funding of any | ||||||
2 | undertaking by a State agency, or
prior to an action of | ||||||
3 | approval or entitlement of any private undertaking by
a State | ||||||
4 | agency, written notice of the project shall be given to the
| ||||||
5 | Director either by the State agency or the recipients of its | ||||||
6 | funds, permits
or licenses. The State agency shall consult with | ||||||
7 | the Director to determine
the documentation requirements | ||||||
8 | necessary for identification and treatment
of historic | ||||||
9 | resources. For the purposes of identification and evaluation
of | ||||||
10 | historic resources, the Director may require archaeological | ||||||
11 | and historic
investigations. Responsibility for notice and | ||||||
12 | documentation may be
delegated by the State agency to a local | ||||||
13 | or private designee.
| ||||||
14 | (b) Within 30 days after receipt of complete and correct | ||||||
15 | documentation
of a proposed undertaking, the Director shall | ||||||
16 | review and comment to the
agency on the likelihood that the | ||||||
17 | undertaking will have an adverse effect
on a historic resource. | ||||||
18 | In the case of a private undertaking, the
Director shall, not | ||||||
19 | later than 30 days following the receipt of an
application with | ||||||
20 | complete documentation of the undertaking, either approve
that | ||||||
21 | application allowing the undertaking to proceed or tender to | ||||||
22 | the
applicant a written statement setting forth the reasons for | ||||||
23 | the
requirement of an archaeological investigation. If there is | ||||||
24 | no action
within 30 days after the filing of the application | ||||||
25 | with the complete
documentation of the undertaking, the | ||||||
26 | applicant may deem the application
approved and may proceed |
| |||||||
| |||||||
1 | with the undertaking. Thereafter, all
requirements for | ||||||
2 | archaeological investigations are waived under this Act.
| ||||||
3 | (c) If the Director finds that an undertaking will | ||||||
4 | adversely affect an
historic resource or is inconsistent with | ||||||
5 | agency policies, the State agency
shall consult with the | ||||||
6 | Director and shall discuss alternatives to the proposed
| ||||||
7 | undertaking which could eliminate, minimize, or mitigate its | ||||||
8 | adverse effect.
During the consultation process, the State | ||||||
9 | agency shall explore
all feasible and prudent plans which | ||||||
10 | eliminate, minimize, or mitigate
adverse effects on historic | ||||||
11 | resources. Grantees, permittees, licensees, or
other parties | ||||||
12 | in interest and representatives of national, State, and local
| ||||||
13 | units of government and public and private organizations may | ||||||
14 | participate
in the consultation process. The process may | ||||||
15 | involve on-site inspections and
public informational meetings | ||||||
16 | pursuant to regulations issued by the Department of Natural | ||||||
17 | Resources
Historic Preservation Agency .
| ||||||
18 | (d) The State agency and the Director may agree that there | ||||||
19 | is a feasible
and prudent alternative which eliminates, | ||||||
20 | minimizes, or mitigates the
adverse effect of the undertaking. | ||||||
21 | Upon such agreement, or if the State
agency and the Director | ||||||
22 | agree that there are no feasible and prudent
alternatives which | ||||||
23 | eliminate, minimize, or mitigate the adverse effect, the
| ||||||
24 | Director shall prepare a Memorandum of Agreement describing the
| ||||||
25 | alternatives or stating the finding. The State agency may | ||||||
26 | proceed with the
undertaking once a Memorandum of Agreement has |
| |||||||
| |||||||
1 | been signed by both the
State agency and the Director.
| ||||||
2 | (e) After the consultation process, the Director and the | ||||||
3 | State agency
may fail to agree on the existence of a feasible | ||||||
4 | and prudent alternative
which would eliminate, minimize, or | ||||||
5 | mitigate the adverse effect of the
undertaking on the historic | ||||||
6 | resource. If no agreement is reached, the agency
shall call a | ||||||
7 | public meeting in the county where the undertaking is proposed
| ||||||
8 | within 60 days. If, within 14 days following conclusion of the | ||||||
9 | public
meeting, the State agency and the Director fail to agree | ||||||
10 | on a feasible and
prudent alternative, the proposed | ||||||
11 | undertaking, with supporting
documentation, shall be submitted | ||||||
12 | to the Historic Preservation
Mediation Committee. The document | ||||||
13 | shall be sufficient to identify each
alternative considered by | ||||||
14 | the Agency and the Director during the
consultation process and | ||||||
15 | the reason for its rejection.
| ||||||
16 | (f) The Mediation Committee shall consist of the Director | ||||||
17 | and 5 persons
appointed by the Director for terms of 3 years | ||||||
18 | each, each of whom shall be
no lower in rank than a division | ||||||
19 | chief and each of whom shall represent a
different State | ||||||
20 | agency. An agency that is a party to mediation shall be
| ||||||
21 | notified of all hearings and deliberations and shall have the | ||||||
22 | right to
participate in deliberations as a non-voting member of | ||||||
23 | the Committee.
Within 30 days after submission of the proposed | ||||||
24 | undertaking, the Committee
shall meet with the Director and the | ||||||
25 | submitting agency to review each
alternative considered by the | ||||||
26 | State agency and the Director and to evaluate
the existence of |
| |||||||
| |||||||
1 | a feasible and prudent alternative. In the event that the
| ||||||
2 | Director and the submitting agency continue to disagree, the | ||||||
3 | Committee
shall provide a statement of findings or comments | ||||||
4 | setting forth an
alternative to the proposed undertaking or | ||||||
5 | stating the finding that there
is no feasible or prudent | ||||||
6 | alternative. The State agency shall consider the
written | ||||||
7 | comments of the Committee and shall respond in writing to the
| ||||||
8 | Committee before proceeding with the undertaking.
| ||||||
9 | (g) When an undertaking is being reviewed pursuant to | ||||||
10 | Section 106 of the
National Historic Preservation Act of 1966, | ||||||
11 | the procedures of this law
shall not apply and any review or | ||||||
12 | comment by the Director on such undertaking
shall be within the | ||||||
13 | framework or procedures of the federal law. This subsection | ||||||
14 | shall not prevent the Department of Natural Resources Illinois | ||||||
15 | Historic
Preservation Agency from entering into an agreement | ||||||
16 | with the Advisory
Council on Historic Preservation pursuant to | ||||||
17 | Section 106 of the National
Historic Preservation Act to | ||||||
18 | substitute this Act and its procedures for
procedures set forth | ||||||
19 | in Council regulations found in 36 C.F.R. Part 800.7.
A State | ||||||
20 | undertaking that is necessary to prevent an immediate and
| ||||||
21 | imminent threat to life or property shall be exempt from the | ||||||
22 | requirements
of this Act. Where possible, the Director shall be | ||||||
23 | consulted in the
determination of the exemption. In all cases, | ||||||
24 | the agency shall provide the
Director with a statement of the | ||||||
25 | reasons for the exemption and shall have
an opportunity to | ||||||
26 | comment on the exemption. The statement and the comments
of the |
| |||||||
| |||||||
1 | Director shall be included in the annual report of the | ||||||
2 | Department of Natural Resources Historic
Preservation Agency | ||||||
3 | as a guide to future actions. The provisions of this
Act do not | ||||||
4 | apply to undertakings pursuant to the Illinois Oil and Gas Act,
| ||||||
5 | the Surface-Mined Land Conservation and Reclamation Act and the | ||||||
6 | Surface
Coal Mining Land Conservation and Reclamation Act.
| ||||||
7 | (Source: P.A. 96-1000, eff. 7-2-10; 97-785, eff. 7-13-12.)
| ||||||
8 | (20 ILCS 3420/5) (from Ch. 127, par. 133c25)
| ||||||
9 | Sec. 5.
Responsibilities of the Department of Natural | ||||||
10 | Resources Historic Preservation Agency ,
Division of Historic | ||||||
11 | Preservation Services .
| ||||||
12 | (a) The Director shall include in the Department's
Agency's | ||||||
13 | annual report an outline of State agency actions on which | ||||||
14 | comment
was requested or issued under this Act.
| ||||||
15 | (b) The Director shall maintain a current list of all | ||||||
16 | historic resources
owned, operated, or leased by the State and | ||||||
17 | appropriate maps indicating the
location of all such resources. | ||||||
18 | These maps shall be in a form available to
the public and State | ||||||
19 | agencies, except that the location of archaeological
resources | ||||||
20 | shall be excluded.
| ||||||
21 | (c) The Director shall make rules and issue appropriate | ||||||
22 | guidelines to
implement this Act. These shall include, but not | ||||||
23 | be limited to,
regulations for holding on-site inspections, | ||||||
24 | public information meetings
and procedures for consultation, | ||||||
25 | mediation, and resolutions by the
Committee pursuant to |
| |||||||
| |||||||
1 | subsections (e) and (f) of Section 4.
| ||||||
2 | (d) The Director shall (1) assist, to the fullest extent | ||||||
3 | possible, the
State agencies in their identification of | ||||||
4 | properties for inclusion in an
inventory of historic resources, | ||||||
5 | including provision of criteria for
evaluation; (2) provide | ||||||
6 | information concerning professional methods and
techniques for | ||||||
7 | preserving, improving, restoring, and maintaining historic
| ||||||
8 | resources when requested by State agencies; and (3) help | ||||||
9 | facilitate State
agency compliance with this Act.
| ||||||
10 | (e) The Director shall monitor the implementation of | ||||||
11 | actions of each
State agency which have an effect, either | ||||||
12 | adverse or beneficial, on an
historic resource.
| ||||||
13 | (f) The Department of Natural Resources Agency shall manage | ||||||
14 | and control the preservation, conservation,
inventory,
and | ||||||
15 | analysis of fine and decorative arts, furnishings, and | ||||||
16 | artifacts of the
Illinois Executive
Mansion in Springfield, the | ||||||
17 | Governor's offices in the Capitol in Springfield
and the James
| ||||||
18 | R. Thompson Center in Chicago, and the Hayes House in DuQuoin.
| ||||||
19 | The Department of Natural Resources Agency shall manage the | ||||||
20 | preservation and conservation of the
buildings and
grounds of | ||||||
21 | the Illinois Executive Mansion in Springfield.
The Governor | ||||||
22 | shall appoint a
Curator
of the Executive Mansion, with the | ||||||
23 | advice and consent of the Senate, to assist
the Department of | ||||||
24 | Natural Resources Agency in
carrying
out the duties under this | ||||||
25 | item (f).
The person
appointed Curator must have experience in | ||||||
26 | historic preservation or as a
curator.
The Curator shall serve |
| |||||||
| |||||||
1 | at the pleasure of the Governor.
The Governor shall determine | ||||||
2 | the compensation of the Curator, which shall not
be diminished | ||||||
3 | during the term of appointment.
| ||||||
4 | (Source: P.A. 92-842, eff. 8-22-02.)
| ||||||
5 | Section 50. The Old State Capitol Act is amended by | ||||||
6 | changing Sections 1, 2, and 3 as follows:
| ||||||
7 | (20 ILCS 3430/1) (from Ch. 123, par. 52)
| ||||||
8 | Sec. 1.
As used in this Act : ,
| ||||||
9 | (a) "Old State Capitol Complex" means the Old State Capitol
| ||||||
10 | reconstructed under the "1961 Act" in Springfield and includes | ||||||
11 | space also
occupied
by the Abraham Lincoln Presidential Library | ||||||
12 | and Museum and an underground parking garage . ;
| ||||||
13 | (b) "1961 Act" means "An Act providing for the | ||||||
14 | reconstruction and
restoration of the old State Capitol at | ||||||
15 | Springfield and providing for the
custody thereof", approved | ||||||
16 | August 24, 1961, as amended . ;
| ||||||
17 | (c) (Blank). "Board of Trustees" means the Board of | ||||||
18 | Trustees of the Historic
Preservation Agency.
| ||||||
19 | (d) "Department" means the Department of Natural | ||||||
20 | Resources. | ||||||
21 | (Source: P.A. 100-120, eff. 8-18-17; revised 9-28-17.)
| ||||||
22 | (20 ILCS 3430/2) (from Ch. 123, par. 53)
| ||||||
23 | Sec. 2.
The Department Board of Trustees shall have |
| |||||||
| |||||||
1 | jurisdiction and custody of, and shall
maintain and operate, | ||||||
2 | the Old State Capitol Complex and shall succeed to
all rights, | ||||||
3 | powers, duties and liabilities of the Department of
| ||||||
4 | Conservation under the "1961 Act" or under any lease or | ||||||
5 | contract relating
to the Old State Capitol Complex to which the | ||||||
6 | Department of Conservation is
a party.
| ||||||
7 | (Source: P.A. 77-135 .)
| ||||||
8 | (20 ILCS 3430/3) (from Ch. 123, par. 54)
| ||||||
9 | Sec. 3.
The Department Board of Trustees may establish | ||||||
10 | rules and regulations for the use
and operation of the Old | ||||||
11 | State Capitol Complex. Such rules and regulations
shall provide | ||||||
12 | that such complex will be open at all reasonable hours to the
| ||||||
13 | public and may provide for the holding of such lectures, | ||||||
14 | pageants or
similar special events and the sale of such | ||||||
15 | merchandise as will help
interpret the historical significance | ||||||
16 | of the Old State Capitol to the
public.
| ||||||
17 | (Source: P.A. 77-135 .)
| ||||||
18 | Section 55. The Archaeological and Paleontological | ||||||
19 | Resources Protection Act is amended by changing Sections 1, 3, | ||||||
20 | 3.1, 3.2, 5, 6, 7, 8, 9, 10, and 11 as follows:
| ||||||
21 | (20 ILCS 3435/1) (from Ch. 127, par. 133c1)
| ||||||
22 | Sec. 1.
The State of Illinois reserves to itself the | ||||||
23 | exclusive right and
privilege of regulating, exploring, |
| |||||||
| |||||||
1 | excavating or surveying, through
the Department of Natural | ||||||
2 | Resources Historic Preservation Agency , all archaeological and | ||||||
3 | paleontological
resources found upon or within any public | ||||||
4 | lands.
| ||||||
5 | (Source: P.A. 86-459; 86-707.)
| ||||||
6 | (20 ILCS 3435/3) (from Ch. 127, par. 133c3)
| ||||||
7 | Sec. 3.
(a) It is unlawful for any person, either by | ||||||
8 | himself or through
an agent, to explore, excavate or collect | ||||||
9 | any of the archaeological or
paleontological resources | ||||||
10 | protected by this Act, unless such person obtains
a permit | ||||||
11 | issued by the Department of Natural Resources Historic | ||||||
12 | Preservation Agency .
| ||||||
13 | (b) It is unlawful for any person, either by himself or | ||||||
14 | through an
agent, to knowingly disturb any archaeological or | ||||||
15 | paleontological resource
protected under this Act.
| ||||||
16 | (c) It is unlawful for any person, either by himself or | ||||||
17 | through an
agent, to offer any object for sale or exchange with | ||||||
18 | the knowledge that it
has been previously collected or | ||||||
19 | excavated in violation of this Act.
| ||||||
20 | (Source: P.A. 86-459; 86-707.)
| ||||||
21 | (20 ILCS 3435/3.1) (from Ch. 127, par. 133c3.1)
| ||||||
22 | Sec. 3.1.
The State's Attorney of the county in which a | ||||||
23 | violation of
Section 3 is alleged to have occurred, or the | ||||||
24 | Attorney General, may be
requested by the Director of Natural |
| |||||||
| |||||||
1 | Resources the Historic Preservation Agency to initiate
| ||||||
2 | criminal prosecutions or to seek civil damages, injunctive | ||||||
3 | relief and any
other appropriate relief. The Department of | ||||||
4 | Natural Resources Historic Preservation Agency shall cooperate
| ||||||
5 | with the State's Attorney or the Attorney General. Persons | ||||||
6 | aware of any
violation of this Act shall contact the Department | ||||||
7 | of Natural Resources Historic Preservation Agency .
| ||||||
8 | (Source: P.A. 86-459; 86-707 .)
| ||||||
9 | (20 ILCS 3435/3.2) (from Ch. 127, par. 133c3.2)
| ||||||
10 | Sec. 3.2.
The Department of Natural Resources Historic | ||||||
11 | Preservation Agency is authorized to offer a
reward of up to | ||||||
12 | $2,000 for information leading to the arrest and conviction
of | ||||||
13 | persons who violate Section 3.
| ||||||
14 | (Source: P.A. 86-459; 86-707.)
| ||||||
15 | (20 ILCS 3435/5) (from Ch. 127, par. 133c5)
| ||||||
16 | Sec. 5.
Any violation of Section 3 not involving the | ||||||
17 | disturbance of
human skeletal remains is a Class A misdemeanor | ||||||
18 | and the violator
shall be subject to imprisonment and a fine | ||||||
19 | not in excess of $5,000; any
subsequent violation is a Class 4 | ||||||
20 | felony. Any violation of Section 3
involving disturbance of | ||||||
21 | human skeletal remains is a Class 4 felony. Each
disturbance of | ||||||
22 | an archaeological site or a paleontological site shall
| ||||||
23 | constitute a single offense. Persons convicted of a violation | ||||||
24 | of Section 3
shall also be liable for civil damages to be |
| |||||||
| |||||||
1 | assessed by the land managing
agency and the Department of | ||||||
2 | Natural Resources Historic Preservation Agency . Civil damages | ||||||
3 | may include:
| ||||||
4 | (a) forfeiture of any and all equipment used in acquiring | ||||||
5 | the protected
material;
| ||||||
6 | (b) any and all costs incurred in cleaning, restoring, | ||||||
7 | analyzing,
accessioning and curating the recovered materials;
| ||||||
8 | (c) any and all costs associated with restoring the land to | ||||||
9 | its
original contour;
| ||||||
10 | (d) any and all costs associated with recovery of data and | ||||||
11 | analyzing,
publishing, accessioning and curating materials | ||||||
12 | when the
prohibited activity is so extensive as to preclude the | ||||||
13 | restoration of the
archaeological or paleontological site;
| ||||||
14 | (e) any and all costs associated with the determination and | ||||||
15 | collection
of the civil damages.
| ||||||
16 | When civil damages are recovered through the Attorney | ||||||
17 | General, the
proceeds shall be deposited into the Historic | ||||||
18 | Sites Fund; when civil
damages are recovered through the | ||||||
19 | State's Attorney, the proceeds shall be
deposited into the | ||||||
20 | county fund designated by the county board.
| ||||||
21 | (Source: P.A. 86-459; 86-707.)
| ||||||
22 | (20 ILCS 3435/6) (from Ch. 127, par. 133c6)
| ||||||
23 | Sec. 6.
(a) The Department of Natural Resources Historic | ||||||
24 | Preservation Agency , in consultation with the
various State | ||||||
25 | agencies owning or managing land for the use of the State of
|
| |||||||
| |||||||
1 | Illinois, shall develop regulations whereby permits may be | ||||||
2 | issued for
exploration or excavation of archaeological and | ||||||
3 | paleontological resources.
These permits shall be issued by the | ||||||
4 | Department of Natural Resources Historic Preservation Agency | ||||||
5 | after
consultation with the head of the land managing agency.
| ||||||
6 | (b) Permits to any person or entity other than the State of | ||||||
7 | Illinois
shall be issued in accordance with regulations which | ||||||
8 | shall be promulgated
by the Department of Natural Resources | ||||||
9 | Historic Preservation Agency .
| ||||||
10 | (c) Each permit shall specify all terms and conditions | ||||||
11 | under which the
investigation shall be carried out, including, | ||||||
12 | but not limited to, location
and nature of the investigation | ||||||
13 | and plans for analysis and publication of
the results. Upon | ||||||
14 | completion of the project, the permit holder shall report
its | ||||||
15 | results to the Department of Natural Resources Historic | ||||||
16 | Preservation Agency for approval .
| ||||||
17 | (Source: P.A. 86-459; 86-707.)
| ||||||
18 | (20 ILCS 3435/7) (from Ch. 127, par. 133c7)
| ||||||
19 | Sec. 7.
All materials and associated records remain the | ||||||
20 | property of
the State and are managed by the Illinois State | ||||||
21 | Museum. The Illinois State
Museum, in consultation with the | ||||||
22 | Department of Natural Resources Historic Preservation Agency , | ||||||
23 | is
authorized to establish long-term curation agreements with | ||||||
24 | universities,
museums and other organizations.
| ||||||
25 | (Source: P.A. 86-459; 86-707.)
|
| |||||||
| |||||||
1 | (20 ILCS 3435/8) (from Ch. 127, par. 133c8)
| ||||||
2 | Sec. 8.
(a) The Illinois State Museum shall be exempt from | ||||||
3 | the permit
requirements established by this Act for lands under | ||||||
4 | its direct management
but shall register that exploration with | ||||||
5 | the Department of Natural Resources Historic Preservation | ||||||
6 | Agency ;
such registration shall include the information | ||||||
7 | required under subsection
(c) of Section 6.
| ||||||
8 | (b) Any agency or department of the State of Illinois which | ||||||
9 | has on
its staff a professional archaeologist or paleontologist | ||||||
10 | who meets the
minimum qualifications established in Section 9 | ||||||
11 | and which has in effect a
memorandum of agreement with the | ||||||
12 | Department of Natural Resources Historic Preservation Agency | ||||||
13 | for the
protection, preservation and management of | ||||||
14 | archaeological and
paleontological resources shall be exempt | ||||||
15 | from the permit requirements
established by this Act.
| ||||||
16 | (c) Activities reviewed by the Department of Natural | ||||||
17 | Resources Historic Preservation Agency pursuant
to Section 106 | ||||||
18 | of the National Historic Preservation Act (16 U.S.C. 470f)
| ||||||
19 | shall be exempt from these permitting requirements.
| ||||||
20 | (d) Where a local government's activities are funded in | ||||||
21 | whole or in part
by a State agency and the funded activities | ||||||
22 | are supervised or controlled by
the State agency, the local | ||||||
23 | government shall be exempt from the permit
requirements | ||||||
24 | established by this Act to the same extent that the State
| ||||||
25 | agency is exempt. The State agency shall be responsible for |
| |||||||
| |||||||
1 | undertaking or
causing to be undertaken any steps necessary to | ||||||
2 | comply with this Act for
those local government actions so | ||||||
3 | exempted.
| ||||||
4 | (Source: P.A. 86-459; 86-707.)
| ||||||
5 | (20 ILCS 3435/9) (from Ch. 127, par. 133c9)
| ||||||
6 | Sec. 9.
The Department of Natural Resources Historic | ||||||
7 | Preservation Agency shall, through rulemaking,
establish | ||||||
8 | minimum standards of education and experience for an
| ||||||
9 | archaeologist or paleontologist to qualify as a professional | ||||||
10 | for the
purpose of conducting activities for which a permit is | ||||||
11 | required.
| ||||||
12 | (Source: P.A. 86-459; 86-707.)
| ||||||
13 | (20 ILCS 3435/10) (from Ch. 127, par. 133c10)
| ||||||
14 | Sec. 10.
The Illinois State Museum, in cooperation with the | ||||||
15 | Department of Natural Resources Historic
Preservation Agency , | ||||||
16 | shall develop and maintain files containing
information on | ||||||
17 | known archaeological and paleontological sites in
the State, | ||||||
18 | whether on State controlled or privately owned property. The | ||||||
19 | Department of Natural Resources
Historic Preservation Agency | ||||||
20 | shall ensure the safety of those sites by
promulgating | ||||||
21 | regulations limiting access to those files as necessary.
| ||||||
22 | (Source: P.A. 86-459; 86-707.)
| ||||||
23 | (20 ILCS 3435/11) (from Ch. 127, par. 133c11)
|
| |||||||
| |||||||
1 | Sec. 11.
The Department of Natural Resources Historic | ||||||
2 | Preservation Agency , in consultation with other
State agencies | ||||||
3 | and Departments that own or control land, shall promulgate
such | ||||||
4 | regulations as may be necessary to carry out the purposes of | ||||||
5 | this Act.
| ||||||
6 | (Source: P.A. 86-459; 86-707.)
| ||||||
7 | Section 60. The Human Skeletal Remains Protection Act is | ||||||
8 | amended by changing Sections 3, 4, 5, 8, 9, 13, 14, 15, and 16 | ||||||
9 | as follows:
| ||||||
10 | (20 ILCS 3440/3) (from Ch. 127, par. 2663)
| ||||||
11 | Sec. 3.
Any person who discovers human skeletal remains | ||||||
12 | subject to
this Act shall promptly notify the coroner. Any | ||||||
13 | person who knowingly fails
to report such a discovery within 48 | ||||||
14 | hours is guilty of a Class C
misdemeanor, unless such person | ||||||
15 | has reasonable cause to believe that the
coroner had already | ||||||
16 | been so notified. If the human skeletal remains appear
to be | ||||||
17 | from an unregistered grave, the coroner shall promptly notify | ||||||
18 | the Department of Natural Resources
Historic Preservation | ||||||
19 | Agency prior to their removal. Nothing in this Act
shall be | ||||||
20 | construed to apply to human skeletal remains subject to "An Act | ||||||
21 | to
revise the law in relation to coroners".
| ||||||
22 | (Source: P.A. 86-151.)
| ||||||
23 | (20 ILCS 3440/4) (from Ch. 127, par. 2664)
|
| |||||||
| |||||||
1 | Sec. 4.
It is unlawful for any person, either by himself or | ||||||
2 | through
an agent, to knowingly disturb human skeletal remains | ||||||
3 | and grave artifacts
in unregistered graves protected by this | ||||||
4 | Act unless such person obtains a
permit issued by the | ||||||
5 | Department of Natural Resources Historic Preservation Agency .
| ||||||
6 | (Source: P.A. 86-151.)
| ||||||
7 | (20 ILCS 3440/5) (from Ch. 127, par. 2665)
| ||||||
8 | Sec. 5.
It is unlawful for any person, either by himself or | ||||||
9 | through
an agent, to knowingly disturb a grave marker protected | ||||||
10 | by this Act unless
such person obtains a permit issued by the | ||||||
11 | Department of Natural Resources Historic Preservation Agency .
| ||||||
12 | (Source: P.A. 86-151.)
| ||||||
13 | (20 ILCS 3440/8) (from Ch. 127, par. 2668)
| ||||||
14 | Sec. 8.
The State's Attorney of the county in which a
| ||||||
15 | violation of Sections 4, 5, 6 , or 7 of this Act is alleged to
| ||||||
16 | have occurred, or the Attorney General, may be requested by
the | ||||||
17 | Director of Natural Resources the Historic Preservation Agency | ||||||
18 | to initiate
criminal prosecutions or to seek civil damages, | ||||||
19 | injunctive
relief and any other appropriate relief. The | ||||||
20 | Department of Natural Resources Historic
Preservation Agency | ||||||
21 | shall co-operate with the State's Attorney
or the Attorney | ||||||
22 | General. Persons aware of any violations of
this Act shall | ||||||
23 | contact the Department of Natural Resources Historic | ||||||
24 | Preservation Agency .
|
| |||||||
| |||||||
1 | (Source: P.A. 86-151.)
| ||||||
2 | (20 ILCS 3440/9) (from Ch. 127, par. 2669)
| ||||||
3 | Sec. 9.
The Department of Natural Resources Historic | ||||||
4 | Preservation Agency is authorized to offer a
reward of up to | ||||||
5 | $2000 for information leading to the arrest and
conviction of | ||||||
6 | persons who violate Sections 4, 5, 6 , and 7 of this Act.
| ||||||
7 | (Source: P.A. 86-151.)
| ||||||
8 | (20 ILCS 3440/13) (from Ch. 127, par. 2673)
| ||||||
9 | Sec. 13.
(a) The Department of Natural Resources Historic | ||||||
10 | Preservation Agency shall develop
regulations, in consultation | ||||||
11 | with the Illinois State Museum, whereby
permits may be issued | ||||||
12 | for the removal of human skeletal remains and grave
artifacts | ||||||
13 | from unregistered graves or the removal of grave markers.
| ||||||
14 | (b) Each permit shall specify all terms and conditions | ||||||
15 | under which the
removal of human skeletal remains, grave | ||||||
16 | artifacts, or grave markers shall
be carried out. All costs | ||||||
17 | accrued in the removal of the aforementioned
materials shall be | ||||||
18 | borne by the permit applicant. Upon completion of the
project, | ||||||
19 | the permit holder shall submit a report of the results to the | ||||||
20 | Department of Natural Resources
Historic Preservation Agency .
| ||||||
21 | (Source: P.A. 86-151.)
| ||||||
22 | (20 ILCS 3440/14) (from Ch. 127, par. 2674)
| ||||||
23 | Sec. 14.
All human skeletal remains and grave artifacts in
|
| |||||||
| |||||||
1 | unregistered graves are held in trust for the people of | ||||||
2 | Illinois by the
State and are under the jurisdiction of the | ||||||
3 | Department of Natural Resources Historic Preservation Agency .
| ||||||
4 | All materials collected under this Act shall be maintained, | ||||||
5 | with dignity
and respect, for the people of the State under the | ||||||
6 | care of the Illinois
State Museum.
| ||||||
7 | (Source: P.A. 86-151.)
| ||||||
8 | (20 ILCS 3440/15) (from Ch. 127, par. 2675)
| ||||||
9 | Sec. 15.
The Department of Natural Resources Historic | ||||||
10 | Preservation Agency shall promulgate such
regulations as may be | ||||||
11 | necessary to carry out the purposes of this Act.
| ||||||
12 | (Source: P.A. 86-151.)
| ||||||
13 | (20 ILCS 3440/16) (from Ch. 127, par. 2676)
| ||||||
14 | Sec. 16.
Activities reviewed by the Department of Natural | ||||||
15 | Resources Historic Preservation Agency
pursuant to Section 106 | ||||||
16 | of the National Historic Preservation Act (16
U.S.C. 470f) and | ||||||
17 | activities permitted pursuant to the Federal Surface
Mining | ||||||
18 | Control and Reclamation Act of 1977 (P.L. 95-87), or the rules | ||||||
19 | and
regulations promulgated thereunder or any law, rule or | ||||||
20 | regulation adopted
by the State of Illinois thereunder shall be | ||||||
21 | exempt from these permitting
requirements.
| ||||||
22 | (Source: P.A. 86-151.)
| ||||||
23 | Section 65. The Abraham Lincoln Presidential Library and |
| |||||||
| |||||||
1 | Museum Act is amended by changing Sections 30 and 60 as | ||||||
2 | follows: | ||||||
3 | (20 ILCS 3475/30)
| ||||||
4 | Sec. 30. Administration of the Agency. The Agency shall be | ||||||
5 | under the supervision and direction of an Executive Director. | ||||||
6 | The person serving on the effective date of this Act as Library | ||||||
7 | Director, as defined in Section 33 of the Historic Preservation | ||||||
8 | Agency Act, shall become the inaugural Executive Director on | ||||||
9 | the effective date of this Act and shall serve as Executive | ||||||
10 | Director until the expiration of his then-current term as | ||||||
11 | Library Director. Thereafter, the Board shall appoint the | ||||||
12 | Executive Director with the advice and consent of the Senate. | ||||||
13 | The Executive Director shall serve at the pleasure of the Board | ||||||
14 | for a term of 4 years. The Executive Director shall, subject to | ||||||
15 | applicable provisions of law, execute and discharge the powers | ||||||
16 | and duties of the Agency. The Executive Director shall have | ||||||
17 | hiring power and shall appoint (a) a Library Facilities | ||||||
18 | Operations Director; and (b) a Director of the Library. The | ||||||
19 | Executive Director shall appoint those other employees of the | ||||||
20 | Agency as he or she deems appropriate and shall fix the | ||||||
21 | compensation of the Library Facilities Operations Director, | ||||||
22 | the Director of the Library and other employees. The Executive | ||||||
23 | Director may make provision to establish and collect admission | ||||||
24 | and registration fees, operate a gift shop, and publish and | ||||||
25 | sell educational and informational materials.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-120, eff. 8-18-17.) | ||||||
2 | (20 ILCS 3475/60)
| ||||||
3 | Sec. 60. Separation from the Historic Preservation Agency. | ||||||
4 | On the effective date of this Act, all of the powers, duties, | ||||||
5 | assets, liabilities, employees, contracts, property (real and | ||||||
6 | personal), including any items formerly contained in the | ||||||
7 | Illinois State Historical Library now presently held in the | ||||||
8 | Abraham Lincoln Presidential Library and Museum, records, | ||||||
9 | pending business, and unexpended appropriations of the | ||||||
10 | Historic Preservation Agency related to the administration and | ||||||
11 | enforcement of Sections 17, 32, and 33 of the Historic | ||||||
12 | Preservation Agency Act are transferred to the Agency created | ||||||
13 | under this Act.
The status and rights of the transferred | ||||||
14 | employees, and the rights of the State of Illinois and its | ||||||
15 | agencies, under the Personnel Code and applicable collective | ||||||
16 | bargaining agreements or under any pension, retirement, or | ||||||
17 | annuity plan are not affected (except as provided in Sections | ||||||
18 | 14-110 and 18-127 of the Illinois Pension Code) by that | ||||||
19 | transfer or by any other provision of this Act.
| ||||||
20 | (Source: P.A. 100-120, eff. 8-18-17.) | ||||||
21 | Section 70. The Mississippi River Coordinating Council Act | ||||||
22 | is amended by changing Sections 10 and 20 as follows: | ||||||
23 | (20 ILCS 4003/10)
|
| |||||||
| |||||||
1 | Sec. 10. Mississippi River Coordinating Council. | ||||||
2 | (a) There is established the Mississippi River | ||||||
3 | Coordinating Council (Council), consisting of 16 voting | ||||||
4 | members to be appointed by the Governor. One member shall be | ||||||
5 | the Lieutenant Governor who shall serve as a voting member and | ||||||
6 | as chairperson of the Council. The agency members of the | ||||||
7 | Council shall include the Directors, or their designees, of the | ||||||
8 | following: the Department of Agriculture, the Department of | ||||||
9 | Commerce and Economic Opportunity, the Illinois Environmental | ||||||
10 | Protection Agency, the Department of Natural Resources, the | ||||||
11 | Historic Preservation Agency, and the Department of | ||||||
12 | Transportation. In addition, the Council shall include one | ||||||
13 | member representing Soil and Water Conservation Districts | ||||||
14 | located in the proximity of the Mississippi River and its | ||||||
15 | tributaries, and 8 members representing local communities, | ||||||
16 | not-for-profit organizations working to protect the | ||||||
17 | Mississippi River and its tributaries, businesses, | ||||||
18 | agriculture, recreation, conservation, and the environment, 2 | ||||||
19 | of which must reside within a county that is adjacent to the | ||||||
20 | Mississippi River. | ||||||
21 | (b) The Governor may appoint, as ex-officio members, | ||||||
22 | individuals representing the interests of the states who border | ||||||
23 | the Mississippi River and individuals representing federal | ||||||
24 | agencies. | ||||||
25 | (c) Members of the Council shall serve 2-year terms, except | ||||||
26 | that of the initial appointments, 5 members shall be appointed |
| |||||||
| |||||||
1 | to serve 3-year terms and 4 members to serve one-year terms. | ||||||
2 | (d) The Council shall meet at least quarterly. | ||||||
3 | (e) The Office of the Lieutenant Governor shall be | ||||||
4 | responsible for the operations of the Council, including, | ||||||
5 | without limitation, funding and oversight of the Council's | ||||||
6 | activities. The Office may reimburse members of the Council for | ||||||
7 | travel expenses. | ||||||
8 | (f) This Section is subject to the provisions of Section | ||||||
9 | 405-500 of the Department of Central Management Services Law. | ||||||
10 | (g) The members of the Council shall appoint one member of | ||||||
11 | the Council to serve as the Illinois representative to the | ||||||
12 | National Mississippi River Parkway Commission.
| ||||||
13 | (Source: P.A. 97-178, eff. 7-22-11.) | ||||||
14 | (20 ILCS 4003/20)
| ||||||
15 | Sec. 20. Agency duties. State agencies represented on the | ||||||
16 | Council shall provide to the Council, on request, information | ||||||
17 | concerning agency programs, data, and activities that impact | ||||||
18 | the restoration and preservation of the Mississippi River and | ||||||
19 | its tributaries. The Secretary of Transportation, the Director | ||||||
20 | of Agriculture, the Director of the Environmental Protection | ||||||
21 | Agency, the Director of Historic Preservation, the Director of | ||||||
22 | Natural Resources, and the Director of Commerce and Economic | ||||||
23 | Opportunity shall each designate at least one employee from his | ||||||
24 | or her respective agency to assist the Council.
| ||||||
25 | (Source: P.A. 97-178, eff. 7-22-11.) |
| |||||||
| |||||||
1 | Section 75. The Task Force on Inventorying Employment | ||||||
2 | Restrictions Act is amended by changing Section 10 as follows: | ||||||
3 | (20 ILCS 5000/10) | ||||||
4 | Sec. 10. Definitions. As used in this Act: | ||||||
5 | "State agencies" shall mean the following State agencies, | ||||||
6 | boards, and commissions: Department on Aging, Department of | ||||||
7 | Agriculture, Office of Appellate Defender, Office of the | ||||||
8 | State's Attorneys Appellate Prosecutor, Illinois Arts Council, | ||||||
9 | Office of the Attorney General, Auditor General, Capital | ||||||
10 | Development Board, Department of Central Management Services, | ||||||
11 | Department of Children and Family Services, Civil Service | ||||||
12 | Commission, Illinois Department of Commerce and Economic | ||||||
13 | Opportunity, Illinois Commerce Commission, Illinois Community | ||||||
14 | College Board, State of Illinois Comprehensive Health | ||||||
15 | Insurance Plan, Office of the Comptroller, Department of | ||||||
16 | Corrections, Criminal Justice Information Authority, Illinois | ||||||
17 | Council on Developmental Disabilities, Illinois Deaf and Hard | ||||||
18 | of Hearing Commission, Commission on Discrimination and Hate | ||||||
19 | Crimes, State Board of Education, Illinois Educational Labor | ||||||
20 | Relations Board, State Board of Elections, Illinois Emergency | ||||||
21 | Management Agency, Department of Employment Security, | ||||||
22 | Environmental Protection Agency, Illinois State Fair, Illinois | ||||||
23 | Finance Authority, Department of Financial and Professional | ||||||
24 | Regulation, Office of the First Lady, Illinois Gaming Board, |
| |||||||
| |||||||
1 | Office of the Governor, Guardianship and Advocacy Commission, | ||||||
2 | Department of Healthcare and Family Services, Board of Higher | ||||||
3 | Education, Historic Preservation Agency, Illinois Housing | ||||||
4 | Development Authority, Illinois Human Rights Commission, | ||||||
5 | Department of Human Rights, Department of Human Services, | ||||||
6 | Illinois State Board of Investment, Department of Juvenile | ||||||
7 | Justice, Office of the Lieutenant Governor, Department of | ||||||
8 | Labor, Illinois Labor Relations Board, Illinois Law | ||||||
9 | Enforcement Training Standards Board, Illinois Liquor Control | ||||||
10 | Commission, Illinois Lottery, Governor's Office of Management | ||||||
11 | and Budget, Illinois Medical District Commission, Department | ||||||
12 | of Military Affairs, Department of Natural Resources, | ||||||
13 | Pollution Control Board, Prairie State 2000 Authority, | ||||||
14 | Property Tax Appeal Board, Department of Public Health, | ||||||
15 | Illinois Prisoner Review Board, Illinois Racing Board, | ||||||
16 | Department of Revenue, Office of the Secretary of State, State | ||||||
17 | Fire Marshal, Illinois State Police, State Police Merit Board, | ||||||
18 | State Retirement Systems, Office of the State Treasurer, State | ||||||
19 | Universities Civil Service System, State Universities | ||||||
20 | Retirement System, Illinois Student Assistance Commission, | ||||||
21 | Illinois Supreme Court, Illinois Teachers' Retirement System, | ||||||
22 | Illinois State Toll Highway Authority, Department of | ||||||
23 | Transportation, Department of Veterans' Affairs, Governor's | ||||||
24 | Office of Women's Affairs, and Illinois Workers' Compensation | ||||||
25 | Commission.
| ||||||
26 | (Source: P.A. 100-143, eff. 1-1-18 .) |
| |||||||
| |||||||
1 | Section 80. The Heritage Preservation Act is amended by | ||||||
2 | changing Section 3 as follows:
| ||||||
3 | (30 ILCS 145/3) (from Ch. 127, par. 2653)
| ||||||
4 | Sec. 3.
(a) There is created the Heritage Preservation | ||||||
5 | Fund,
a special fund in the State Treasury.
| ||||||
6 | (b) The Department of Natural Resources Historic | ||||||
7 | Preservation Agency shall deposit any donations
received for | ||||||
8 | heritage preservation purposes in the Heritage Preservation | ||||||
9 | Fund.
| ||||||
10 | (c) The General Assembly may appropriate monies from the
| ||||||
11 | Heritage Preservation Fund to the Department of Natural | ||||||
12 | Resources Historic Preservation Agency
for the purposes of | ||||||
13 | identifying, purchasing, restoring,
preserving, protecting, | ||||||
14 | collecting and interpreting the
cultural and historical | ||||||
15 | resources and heritage of the State
and its people.
| ||||||
16 | (Source: P.A. 86-678.)
| ||||||
17 | Section 85. The Public Use Trust Act is amended by changing | ||||||
18 | Section 2 as follows:
| ||||||
19 | (30 ILCS 160/2) (from Ch. 127, par. 4002)
| ||||||
20 | Sec. 2.
(a) The Department of Agriculture and , the | ||||||
21 | Department of Natural
Resources , and the Historic Preservation | ||||||
22 | Agency have the
power to enter into a trust agreement with a |
| |||||||
| |||||||
1 | person or group of persons under
which the State agency may | ||||||
2 | receive or collect money or other property from the
person or | ||||||
3 | group of persons and may expend such money or property solely | ||||||
4 | for a
public purpose within the powers and duties of that State | ||||||
5 | agency and stated in
the trust agreement. The State agency | ||||||
6 | shall be the trustee under any such
trust agreement.
| ||||||
7 | (b) Money or property received under a trust agreement | ||||||
8 | shall not be
deposited in the State treasury and is not subject | ||||||
9 | to appropriation by the
General Assembly, but shall be held and | ||||||
10 | invested by the trustee separate
and apart from the State | ||||||
11 | treasury. The trustee shall invest money or
property received | ||||||
12 | under a trust agreement as provided for trustees under
the | ||||||
13 | Trusts and Trustees Act or as otherwise provided in the trust | ||||||
14 | agreement.
| ||||||
15 | (c) The trustee shall maintain detailed records of all | ||||||
16 | receipts and
disbursements in the same manner as required for | ||||||
17 | trustees under the Trusts
and Trustees Act. The trustee shall | ||||||
18 | provide an annual accounting of all
receipts, disbursements, | ||||||
19 | and inventory to all donors to the trust and the
Auditor | ||||||
20 | General. The annual accounting shall be made available to any
| ||||||
21 | member of the public upon request.
| ||||||
22 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
23 | Section 90. The Build Illinois Act is amended by changing | ||||||
24 | Section 1-3 as follows:
|
| |||||||
| |||||||
1 | (30 ILCS 750/1-3) (from Ch. 127, par. 2701-3)
| ||||||
2 | Sec. 1-3.
The following agencies, boards and entities of | ||||||
3 | State government
may expend appropriations for the purposes | ||||||
4 | contained in this Act: Department
of Natural Resources; | ||||||
5 | Department of Agriculture; Illinois Finance
Authority; Capital | ||||||
6 | Development Board; Department of Transportation; Department
of | ||||||
7 | Central Management Services; Illinois Arts Council; | ||||||
8 | Environmental Protection
Agency; Historic Preservation Agency; | ||||||
9 | State Board of Higher Education; the
Metropolitan Pier and
| ||||||
10 | Exposition Authority; State Board of Education; Illinois | ||||||
11 | Community College
Board; Board of Trustees of the University of | ||||||
12 | Illinois; Board of
Trustees of Chicago State University; Board | ||||||
13 | of Trustees of Eastern Illinois
University; Board of Trustees | ||||||
14 | of Governors State University; Board of Trustees
of Illinois | ||||||
15 | State University; Board of Trustees of Northeastern Illinois
| ||||||
16 | University; Board of Trustees of Northern Illinois University; | ||||||
17 | Board of
Trustees of Western Illinois University; and Board of | ||||||
18 | Trustees of Southern
Illinois University.
| ||||||
19 | (Source: P.A. 93-205, eff. 1-1-04.)
| ||||||
20 | Section 95. The Illinois Income Tax Act is amended by | ||||||
21 | changing Section 221 as follows: | ||||||
22 | (35 ILCS 5/221) | ||||||
23 | Sec. 221. Rehabilitation costs; qualified historic | ||||||
24 | properties; River Edge Redevelopment Zone. |
| |||||||
| |||||||
1 | (a) For taxable years beginning on or after January 1, 2012 | ||||||
2 | and ending prior to January 1, 2022, there shall be allowed a | ||||||
3 | tax credit against the tax imposed by subsections (a) and (b) | ||||||
4 | of Section 201 in an amount equal to 25% of qualified | ||||||
5 | expenditures incurred by a qualified taxpayer during the | ||||||
6 | taxable year in the restoration and preservation of a qualified | ||||||
7 | historic structure located in a River Edge Redevelopment Zone | ||||||
8 | pursuant to a qualified rehabilitation plan, provided that the | ||||||
9 | total amount of such expenditures (i) must equal $5,000 or more | ||||||
10 | and (ii) must exceed 50% of the purchase price of the property. | ||||||
11 | (b) To obtain a tax credit pursuant to this Section, the | ||||||
12 | taxpayer must apply with the Department of Commerce and | ||||||
13 | Economic Opportunity. The Department of Commerce and Economic | ||||||
14 | Opportunity, in consultation with the Department of Natural | ||||||
15 | Resources Historic Preservation Agency , shall determine the | ||||||
16 | amount of eligible rehabilitation costs and expenses. The | ||||||
17 | Department of Natural Resources Historic Preservation Agency | ||||||
18 | shall determine whether the rehabilitation is consistent with | ||||||
19 | the standards of the Secretary of the United States Department | ||||||
20 | of the Interior for rehabilitation. Upon completion and review | ||||||
21 | of the project, the Department of Commerce and Economic | ||||||
22 | Opportunity shall issue a certificate in the amount of the | ||||||
23 | eligible credits. At the time the certificate is issued, an | ||||||
24 | issuance fee up to the maximum amount of 2% of the amount of | ||||||
25 | the credits issued by the certificate may be collected from the | ||||||
26 | applicant to administer the provisions of this Section. If |
| |||||||
| |||||||
1 | collected, this issuance fee shall be deposited into the | ||||||
2 | Historic Property Administrative Fund, a special fund created | ||||||
3 | in the State treasury. Subject to appropriation, moneys in the | ||||||
4 | Historic Property Administrative Fund shall be evenly divided | ||||||
5 | between the Department of Commerce and Economic Opportunity and | ||||||
6 | the Department of Natural Resources Historic Preservation | ||||||
7 | Agency to reimburse the Department of Commerce and Economic | ||||||
8 | Opportunity and the Department of Natural Resources Historic | ||||||
9 | Preservation Agency for the costs associated with | ||||||
10 | administering this Section. The taxpayer must attach the | ||||||
11 | certificate to the tax return on which the credits are to be | ||||||
12 | claimed. The Department of Commerce and Economic Opportunity | ||||||
13 | may adopt rules to implement this Section. | ||||||
14 | (c) The tax credit under this Section may not reduce the | ||||||
15 | taxpayer's liability to less than
zero. | ||||||
16 | (d) As used in this Section, the following terms have the | ||||||
17 | following meanings. | ||||||
18 | "Qualified expenditure" means all the costs and expenses | ||||||
19 | defined as qualified rehabilitation expenditures under Section | ||||||
20 | 47 of the federal Internal Revenue Code that were incurred in | ||||||
21 | connection with a qualified historic structure. | ||||||
22 | "Qualified historic structure" means a certified historic | ||||||
23 | structure as defined under Section 47(c)(3) of the federal | ||||||
24 | Internal Revenue Code. | ||||||
25 | "Qualified rehabilitation plan" means a project that is | ||||||
26 | approved by the Department of Natural Resources Historic |
| |||||||
| |||||||
1 | Preservation Agency as being consistent with the standards in | ||||||
2 | effect on the effective date of this amendatory Act of the 97th | ||||||
3 | General Assembly for rehabilitation as adopted by the federal | ||||||
4 | Secretary of the Interior. | ||||||
5 | "Qualified taxpayer" means the owner of the qualified | ||||||
6 | historic structure or any other person who qualifies for the | ||||||
7 | federal rehabilitation credit allowed by Section 47 of the | ||||||
8 | federal Internal Revenue Code with respect to that qualified | ||||||
9 | historic structure. Partners, shareholders of subchapter S | ||||||
10 | corporations, and owners of limited liability companies (if the | ||||||
11 | limited liability company is treated as a partnership for | ||||||
12 | purposes of federal and State income taxation) are entitled to | ||||||
13 | a credit under this Section to be determined in accordance with | ||||||
14 | the determination of income and distributive share of income | ||||||
15 | under Sections 702 and 703 and subchapter S of the Internal | ||||||
16 | Revenue Code, provided that credits granted to a partnership, a | ||||||
17 | limited liability company taxed as a partnership, or other | ||||||
18 | multiple owners of property shall be passed through to the | ||||||
19 | partners, members, or owners respectively on a pro rata basis | ||||||
20 | or pursuant to an executed agreement among the partners, | ||||||
21 | members, or owners documenting any alternate distribution | ||||||
22 | method.
| ||||||
23 | (Source: P.A. 99-914, eff. 12-20-16; 100-236, eff. 8-18-17.) | ||||||
24 | Section 100. The Historic Preservation Tax Credit Pilot | ||||||
25 | Program Act is amended by changing Sections 5, 15, and 30 as |
| |||||||
| |||||||
1 | follows: | ||||||
2 | (35 ILCS 30/5)
| ||||||
3 | Sec. 5. Definitions. As used in this Section, unless the
| ||||||
4 | context clearly indicates otherwise: | ||||||
5 | (a) (Blank). "Agency" means the Historic Preservation | ||||||
6 | Agency. | ||||||
7 | (b) "Department" means the Department of Commerce and | ||||||
8 | Economic Opportunity. | ||||||
9 | (c) "Qualified expenditures" means all the costs and
| ||||||
10 | expenses defined as qualified rehabilitation expenditures | ||||||
11 | under Section 47 of the federal Internal Revenue Code which | ||||||
12 | were incurred in connection with a qualified historic | ||||||
13 | structure. | ||||||
14 | (d) "Qualified historic structure" means a hotel that is | ||||||
15 | located in the City of Peoria and that is defined as a | ||||||
16 | certified historic structure under Section 47 (c)(3) of the | ||||||
17 | federal Internal Revenue Code. | ||||||
18 | (e) "Qualified rehabilitation plan" means a project that is
| ||||||
19 | approved by the Department of Natural Resources Agency as being | ||||||
20 | consistent with the standards in effect on the effective date | ||||||
21 | of this Act for rehabilitation as adopted by the federal | ||||||
22 | Secretary of the Interior. | ||||||
23 | (f) "Qualified taxpayer" means the owner of the qualified
| ||||||
24 | historic structure or any other person who may qualify for the
| ||||||
25 | federal rehabilitation credit allowed by Section 47 of the
|
| |||||||
| |||||||
1 | federal Internal Revenue Code. If the taxpayer is (i) a
| ||||||
2 | corporation having an election in effect under Subchapter S of
| ||||||
3 | the federal Internal Revenue Code, (ii) a partnership, or (iii)
| ||||||
4 | a limited liability company, the credit provided under this Act | ||||||
5 | may be claimed by the shareholders of the
corporation, the | ||||||
6 | partners of the partnership, or the members of
the limited | ||||||
7 | liability company in the same manner as those
shareholders, | ||||||
8 | partners, or members account for their
proportionate shares of | ||||||
9 | the income or losses of the
corporation, partnership, or | ||||||
10 | limited liability company, or as
provided in the by-laws or | ||||||
11 | other executed agreement of the
corporation, partnership, or | ||||||
12 | limited liability company.
Credits granted to a partnership, a | ||||||
13 | limited liability company
taxed as a partnership, or other | ||||||
14 | multiple owners of property
shall be passed through to the | ||||||
15 | partners, members, or owners
respectively on a pro rata basis | ||||||
16 | or pursuant to an executed
agreement among the partners, | ||||||
17 | members, or owners documenting
any alternate distribution | ||||||
18 | method.
| ||||||
19 | (Source: P.A. 96-933, eff. 6-21-10.) | ||||||
20 | (35 ILCS 30/15)
| ||||||
21 | Sec. 15. Allowable credit. To the extent authorized by | ||||||
22 | Section 25 of this Act, for taxable years beginning on or after | ||||||
23 | January 1, 2010 and ending on or before December 31, 2015, | ||||||
24 | there shall be allowed a
tax credit against the tax imposed by | ||||||
25 | subsections (a) and (b)
of Section 201 of the Illinois Income |
| |||||||
| |||||||
1 | Tax Act in an amount
equal to 25% of qualified expenditures | ||||||
2 | incurred by a qualified
taxpayer during the taxable year in the | ||||||
3 | restoration and preservation of a qualified
historic structure | ||||||
4 | pursuant to a qualified rehabilitation plan, provided that the | ||||||
5 | total amount of such expenditures (i) must equal $5,000 or | ||||||
6 | more, and (ii) must exceed 50% of the purchase price of the | ||||||
7 | property. If the amount of any tax credit awarded under this | ||||||
8 | Act exceeds the qualified taxpayer's income tax liability for | ||||||
9 | the year in which the qualified rehabilitation plan was placed | ||||||
10 | in service, the excess amount may be carried forward for | ||||||
11 | deduction from the taxpayer's income tax liability in the next | ||||||
12 | succeeding year or years until the total amount of the credit | ||||||
13 | has been used, except that a credit may not be carried forward | ||||||
14 | for deduction after the tenth taxable year after the taxable | ||||||
15 | year in which the qualified rehabilitation plan was placed in | ||||||
16 | service. To obtain a tax credit pursuant to this Act, an | ||||||
17 | application must be made to the Department no later than 6 | ||||||
18 | months after the effective date of this Act. The Department, in | ||||||
19 | consultation with the Department of Natural Resources Agency , | ||||||
20 | shall determine the amount of eligible rehabilitation costs and | ||||||
21 | expenses. The Department of Natural Resources Agency shall | ||||||
22 | determine whether the rehabilitation is consistent with the | ||||||
23 | standards of the Secretary of the United States Department of | ||||||
24 | the Interior for rehabilitation. Upon completion and review of | ||||||
25 | the project, the Department shall issue a certificate in the | ||||||
26 | amount of the eligible credits. At the time the certificate is |
| |||||||
| |||||||
1 | issued, an issuance fee up to the maximum amount of 2% of the | ||||||
2 | amount of the credits issued by the certificate may be | ||||||
3 | collected from the applicant to administer the Act. If | ||||||
4 | collected, this issuance fee shall be evenly divided between | ||||||
5 | the Department and the Department of Natural Resources Agency . | ||||||
6 | The taxpayer must attach the certificate to the tax return on | ||||||
7 | which the credits are to be claimed.
| ||||||
8 | (Source: P.A. 96-933, eff. 6-21-10.) | ||||||
9 | (35 ILCS 30/30)
| ||||||
10 | Sec. 30. Powers. The Department and the Department of | ||||||
11 | Natural Resources Agency shall promulgate rules and | ||||||
12 | regulations for the administration of this Act.
| ||||||
13 | (Source: P.A. 96-933, eff. 6-21-10.) | ||||||
14 | Section 105. The Counties Code is amended by changing | ||||||
15 | Sections 5-31012 and 5-31017 as follows:
| ||||||
16 | (55 ILCS 5/5-31012) (from Ch. 34, par. 5-31012)
| ||||||
17 | Sec. 5-31012. Powers of district. To the extent necessary | ||||||
18 | to
carry out the purpose of this Division and in addition to | ||||||
19 | any
other powers, duties and functions vested in museum | ||||||
20 | districts by law, but
subject to limitations and restrictions | ||||||
21 | imposed elsewhere by this
Division or other law, a museum | ||||||
22 | district is authorized and empowered:
| ||||||
23 | (a) To adopt bylaws, adopt and use a common seal, enter |
| |||||||
| |||||||
1 | into contracts,
acquire and hold real and personal property and | ||||||
2 | take such other actions as
may be necessary for the proper | ||||||
3 | conduct of its affairs.
| ||||||
4 | (b) To make and publish all ordinances, rules and | ||||||
5 | regulations necessary
for the management and protection of its | ||||||
6 | property and the conduct of its
affairs.
| ||||||
7 | (c) To study and ascertain the museum district artifacts | ||||||
8 | and
other materials, the need for preserving such resources and | ||||||
9 | providing such
facilities and the extent to which such needs | ||||||
10 | are currently being met, and
to prepare and adopt coordinated | ||||||
11 | plans to meet such needs.
| ||||||
12 | (d) To acquire by gift, devise, purchase, lease, agreement | ||||||
13 | or otherwise
the fee or any lessor right or interest in real | ||||||
14 | and personal property, and
to hold the same with public access | ||||||
15 | for those who wish to examine or study it.
The museum district | ||||||
16 | may accept the transfer of any real or personal
property owned | ||||||
17 | or controlled by the State of Illinois,
the county board, or | ||||||
18 | the governing body of any municipality, district or
public | ||||||
19 | corporation and not devoted or dedicated to any other
| ||||||
20 | inconsistent public use. In acquiring or accepting land or | ||||||
21 | rights thereto,
the museum district shall give due | ||||||
22 | consideration to its historical value or
county significance, | ||||||
23 | and no real property shall be acquired or accepted
which in the | ||||||
24 | opinion of the museum district and the Illinois State Museum
is | ||||||
25 | of low value as to its proposed use.
| ||||||
26 | (e) To acquire any or all interest in real or personal |
| |||||||
| |||||||
1 | property by a
contract for purchase providing for payment in | ||||||
2 | installments
over a period not to exceed 10 years with interest | ||||||
3 | on the unpaid
balance owing not to exceed an amount calculated | ||||||
4 | pursuant to the provisions
of "An Act to authorize public | ||||||
5 | corporations to issue bonds, other evidences
of indebtedness | ||||||
6 | and tax anticipation warrants subject to interest rate
| ||||||
7 | limitations set forth therein", approved May 26, 1970, as | ||||||
8 | amended. The
indebtedness incurred under this subsection when | ||||||
9 | aggregated with existing
indebtedness may not exceed the debt | ||||||
10 | limits provided in Section 5-31016.
| ||||||
11 | (f) To classify, designate, plan, develop, preserve, | ||||||
12 | administer and
maintain all areas and facilities in which it | ||||||
13 | has an interest and to
construct, reconstruct, alter, renew, | ||||||
14 | equip and maintain buildings and
other structures. Any work | ||||||
15 | performed on any building, appurtenance,
structure or area | ||||||
16 | listed on the National Register of Historic Places or
deemed | ||||||
17 | eligible for such listing shall be performed within such | ||||||
18 | guidelines
as are established by the Department of Natural | ||||||
19 | Resources Illinois Historic Preservation Agency .
| ||||||
20 | (g) To accept gifts, grants, bequests, contributions and | ||||||
21 | appropriations
of money and personal property for museum | ||||||
22 | district purposes.
| ||||||
23 | (h) To employ and fix the compensation of an executive | ||||||
24 | officer who shall
be responsible to the board for the | ||||||
25 | implementation of its policies. The
executive officer shall | ||||||
26 | have the power, subject to the approval of the
board, to employ |
| |||||||
| |||||||
1 | and fix the compensation of such assistants and employees
as | ||||||
2 | the board may consider necessary for the implementation of this | ||||||
3 | Division.
| ||||||
4 | (i) To charge and collect reasonable fees for the use of | ||||||
5 | such facilities,
privileges and conveniences as may be | ||||||
6 | provided.
| ||||||
7 | (j) To police its property and to exercise police powers in | ||||||
8 | respect thereto
or in respect to the enforcement of any rule or | ||||||
9 | regulation provided by its
ordinances.
| ||||||
10 | (k) To lease land for a period not longer than 50 years to | ||||||
11 | a responsible
person, firm, or corporation for construction, | ||||||
12 | reconstruction, alteration,
development, operation and | ||||||
13 | maintenance of buildings, roads, and parking areas.
Any work | ||||||
14 | performed on any leased building, structure, appurtenances or
| ||||||
15 | area which is listed on the National Register of Historic | ||||||
16 | Places or deemed
eligible for such listing shall be performed | ||||||
17 | within such guidelines as are
established by the Department of | ||||||
18 | Natural Resources Illinois Historic Preservation Agency . Upon | ||||||
19 | expiration
of any lease of land under this subsection, title to | ||||||
20 | all structures on the
leased land shall be vested in the museum | ||||||
21 | district.
| ||||||
22 | (l) To lease any building or facility constructed, | ||||||
23 | reconstructed, altered,
renewed, equipped, furnished, | ||||||
24 | extended, developed, and maintained by the
museum district to a | ||||||
25 | responsible person, firm or corporation for operation
or | ||||||
26 | development or both, and maintenance for a period not longer |
| |||||||
| |||||||
1 | than 20 years.
Development, maintenance or both of any | ||||||
2 | building, structures,
appurtenances or area which is listed on | ||||||
3 | the National Register of Historic
Places or deemed eligible for | ||||||
4 | such listing shall be performed within such
guidelines as are | ||||||
5 | established by the Department of Natural Resources Illinois | ||||||
6 | Historic
Preservation Agency .
| ||||||
7 | (m) To make grants to not-for-profit historical clubs, | ||||||
8 | organizations
or groups within the county.
| ||||||
9 | (Source: P.A. 86-962.)
| ||||||
10 | (55 ILCS 5/5-31017) (from Ch. 34, par. 5-31017)
| ||||||
11 | Sec. 5-31017. Historical buildings. Nothing in this | ||||||
12 | Division shall
prohibit the museum district from appropriating | ||||||
13 | funds as otherwise provided
in this Division for the | ||||||
14 | construction, equipment, extension, improvement,
operation or | ||||||
15 | maintenance of any historical building, monument or marker.
| ||||||
16 | Provided, however, that any work performed on any historical | ||||||
17 | building,
monument or marker listed on the National Register of | ||||||
18 | Historic Places or
deemed eligible for such listing shall be | ||||||
19 | conducted within such guidelines
as are established by the | ||||||
20 | Department of Natural Resources Illinois Historic Preservation | ||||||
21 | Agency .
| ||||||
22 | (Source: P.A. 86-962.)
| ||||||
23 | Section 110. The Historical Document Preservation Act is | ||||||
24 | amended by changing Section 2 as follows:
|
| |||||||
| |||||||
1 | (55 ILCS 120/2) (from Ch. 128, par. 19)
| ||||||
2 | Sec. 2.
The officer having the custody of such papers, | ||||||
3 | drawings, maps,
writings and records shall permit search to be | ||||||
4 | made at all reasonable hours
and under his supervision for such | ||||||
5 | as may be deemed of historic interest.
Whenever so directed by | ||||||
6 | the county board in the manner prescribed in the
foregoing | ||||||
7 | section such officer shall deliver the same to the trustee,
| ||||||
8 | directors or librarian or other officer of the Department of | ||||||
9 | Natural Resources Historic
Preservation Agency or society
| ||||||
10 | designated by such county board.
| ||||||
11 | (Source: P.A. 92-600, eff. 7-1-02.)
| ||||||
12 | Section 115. The Liquor Control Act of 1934 is amended by | ||||||
13 | changing Section 6-15 as follows:
| ||||||
14 | (235 ILCS 5/6-15) (from Ch. 43, par. 130)
| ||||||
15 | Sec. 6-15. No alcoholic liquors shall be sold or delivered | ||||||
16 | in any
building belonging to or under the control of the State | ||||||
17 | or any political
subdivision thereof except as provided in this | ||||||
18 | Act. The corporate
authorities of any city, village, | ||||||
19 | incorporated town, township, or county may provide by
| ||||||
20 | ordinance, however, that alcoholic liquor may be sold or | ||||||
21 | delivered in any
specifically designated building belonging to | ||||||
22 | or under the control of the
municipality, township, or county, | ||||||
23 | or in any building located on land under the
control of the |
| |||||||
| |||||||
1 | municipality, township, or county; provided that such township | ||||||
2 | or county complies with all
applicable local ordinances in any | ||||||
3 | incorporated area of the township or county.
Alcoholic liquor | ||||||
4 | may be delivered to and sold under the authority of a special | ||||||
5 | use permit on any property owned by a conservation district | ||||||
6 | organized under the Conservation District Act, provided that | ||||||
7 | (i) the alcoholic liquor is sold only at an event authorized by | ||||||
8 | the governing board of the conservation district, (ii) the | ||||||
9 | issuance of the special use permit is authorized by the local | ||||||
10 | liquor control commissioner of the territory in which the | ||||||
11 | property is located, and (iii) the special use permit | ||||||
12 | authorizes the sale of alcoholic liquor for one day or less. | ||||||
13 | Alcoholic liquors may be delivered to and sold at any airport | ||||||
14 | belonging to
or under the control of a municipality of more | ||||||
15 | than 25,000 inhabitants, or
in any building or on any golf | ||||||
16 | course owned by a park district organized under
the Park | ||||||
17 | District
Code, subject to the approval of the governing board | ||||||
18 | of the district, or
in any building or on any golf course owned | ||||||
19 | by a forest preserve district
organized under the Downstate | ||||||
20 | Forest Preserve District Act, subject to the
approval of the | ||||||
21 | governing board of the district, or on the grounds
within 500 | ||||||
22 | feet of any building owned by a forest preserve district
| ||||||
23 | organized under the Downstate Forest Preserve District Act | ||||||
24 | during
times when food is dispensed for consumption within
500 | ||||||
25 | feet of the building from which the food is dispensed,
subject | ||||||
26 | to the
approval of the
governing board of the district, or in a |
| |||||||
| |||||||
1 | building owned by a Local Mass
Transit District organized under | ||||||
2 | the Local Mass Transit District Act, subject
to the approval of | ||||||
3 | the governing Board of the District, or in Bicentennial
Park, | ||||||
4 | or
on the premises of the City of Mendota Lake Park
located | ||||||
5 | adjacent to Route 51 in Mendota, Illinois, or on the premises | ||||||
6 | of
Camden Park in Milan, Illinois, or in the community center | ||||||
7 | owned by the
City of Loves Park that is located at 1000 River | ||||||
8 | Park Drive in Loves Park,
Illinois, or, in connection with the | ||||||
9 | operation of an established food
serving facility during times | ||||||
10 | when food is dispensed for consumption on the
premises, and at | ||||||
11 | the following aquarium and museums located in public
parks: Art | ||||||
12 | Institute of Chicago, Chicago Academy of Sciences, Chicago
| ||||||
13 | Historical Society, Field Museum of Natural History, Museum of | ||||||
14 | Science and
Industry, DuSable Museum of African American | ||||||
15 | History, John G. Shedd
Aquarium and Adler Planetarium, or at | ||||||
16 | Lakeview Museum of Arts and Sciences
in Peoria, or in | ||||||
17 | connection with the operation of the facilities of the
Chicago | ||||||
18 | Zoological Society or the Chicago Horticultural Society on land
| ||||||
19 | owned by the Forest Preserve District of Cook County,
or on any | ||||||
20 | land used for a golf course or for recreational purposes
owned | ||||||
21 | by the Forest Preserve District of Cook County, subject to the | ||||||
22 | control
of the Forest Preserve District Board of Commissioners | ||||||
23 | and applicable local
law, provided that dram shop liability | ||||||
24 | insurance is provided at
maximum coverage limits so as to hold | ||||||
25 | the
District harmless from all financial loss, damage, and | ||||||
26 | harm,
or in any building
located on land owned by the Chicago |
| |||||||
| |||||||
1 | Park District if approved by the Park
District Commissioners, | ||||||
2 | or on any land used for a golf course or for
recreational | ||||||
3 | purposes and owned by the Illinois International Port District | ||||||
4 | if
approved by the District's governing board, or at any | ||||||
5 | airport, golf course,
faculty center, or
facility in which | ||||||
6 | conference and convention type activities take place
belonging | ||||||
7 | to or under control of any State university or public community
| ||||||
8 | college district, provided that with respect to a facility for | ||||||
9 | conference
and convention type activities alcoholic liquors | ||||||
10 | shall be limited to the
use of the convention or conference | ||||||
11 | participants or participants
in cultural, political or | ||||||
12 | educational activities held in such facilities,
and provided | ||||||
13 | further that the faculty or staff of the State university or
a | ||||||
14 | public community college district, or members of an | ||||||
15 | organization of
students, alumni, faculty or staff of the State | ||||||
16 | university or a public
community college district are active | ||||||
17 | participants in the conference
or convention, or in Memorial | ||||||
18 | Stadium on the campus of the University of
Illinois at | ||||||
19 | Urbana-Champaign during games in which the
Chicago Bears | ||||||
20 | professional football team is playing in that stadium during | ||||||
21 | the
renovation of Soldier Field, not more than one and a half | ||||||
22 | hours before the
start of the game and not after the end of the | ||||||
23 | third quarter of the game,
or in the Pavilion Facility on the | ||||||
24 | campus of the University of Illinois at Chicago during games in | ||||||
25 | which the Chicago Storm professional soccer team is playing in | ||||||
26 | that facility, not more than one and a half hours before the |
| |||||||
| |||||||
1 | start of the game and not after the end of the third quarter of | ||||||
2 | the game, or in the Pavilion Facility on the campus of the | ||||||
3 | University of Illinois at Chicago during games in which the | ||||||
4 | WNBA professional women's basketball team is playing in that | ||||||
5 | facility, not more than one and a half hours before the start | ||||||
6 | of the game and not after the 10-minute mark of the second half | ||||||
7 | of the game, or by a catering establishment which has rented | ||||||
8 | facilities
from a board of trustees of a public community | ||||||
9 | college district, or in a restaurant that is operated by a | ||||||
10 | commercial tenant in the North Campus Parking Deck building | ||||||
11 | that (1) is located at 1201 West University Avenue, Urbana, | ||||||
12 | Illinois and (2) is owned by the Board of Trustees of the | ||||||
13 | University of Illinois, or, if
approved by the District board, | ||||||
14 | on land owned by the Metropolitan Sanitary
District of Greater | ||||||
15 | Chicago and leased to others for a term of at least
20 years. | ||||||
16 | Nothing in this Section precludes the sale or delivery of
| ||||||
17 | alcoholic liquor in the form of original packaged goods in | ||||||
18 | premises located
at 500 S. Racine in Chicago belonging to the | ||||||
19 | University of Illinois and
used primarily as a grocery store by | ||||||
20 | a commercial tenant during the term of
a lease that predates | ||||||
21 | the University's acquisition of the premises; but the
| ||||||
22 | University shall have no power or authority to renew, transfer, | ||||||
23 | or extend
the lease with terms allowing the sale of alcoholic | ||||||
24 | liquor; and the sale of
alcoholic liquor shall be subject to | ||||||
25 | all local laws and regulations.
After the acquisition by | ||||||
26 | Winnebago County of the property located at 404
Elm Street in |
| |||||||
| |||||||
1 | Rockford, a commercial tenant who sold alcoholic liquor at
| ||||||
2 | retail on a portion of the property under a valid license at | ||||||
3 | the time of
the acquisition may continue to do so for so long | ||||||
4 | as the tenant and the
County may agree under existing or future | ||||||
5 | leases, subject to all local laws
and regulations regarding the | ||||||
6 | sale of alcoholic liquor. Alcoholic liquors may be delivered to | ||||||
7 | and sold at Memorial Hall, located at 211 North Main Street, | ||||||
8 | Rockford, under conditions approved by Winnebago County and | ||||||
9 | subject to all local laws and regulations regarding the sale of | ||||||
10 | alcoholic liquor. Each
facility shall provide dram shop | ||||||
11 | liability in maximum insurance coverage
limits so as to save | ||||||
12 | harmless the State, municipality, State university,
airport, | ||||||
13 | golf course, faculty center, facility in which conference and
| ||||||
14 | convention type activities take place, park district, Forest | ||||||
15 | Preserve
District, public community college district, | ||||||
16 | aquarium, museum, or sanitary
district from all financial loss, | ||||||
17 | damage or harm. Alcoholic liquors may be
sold at retail in | ||||||
18 | buildings of golf courses owned by municipalities or Illinois | ||||||
19 | State University in
connection with the operation of an | ||||||
20 | established food serving facility
during times when food is | ||||||
21 | dispensed for consumption upon the premises.
Alcoholic liquors | ||||||
22 | may be delivered to and sold at retail in any building
owned by | ||||||
23 | a fire protection district organized under the Fire Protection
| ||||||
24 | District Act, provided that such delivery and sale is approved | ||||||
25 | by the board
of trustees of the district, and provided further | ||||||
26 | that such delivery and
sale is limited to fundraising events |
| |||||||
| |||||||
1 | and to a maximum of 6 events per year. However, the limitation | ||||||
2 | to fundraising events and to a maximum of 6 events per year | ||||||
3 | does not apply to the delivery, sale, or manufacture of | ||||||
4 | alcoholic liquors at the building located at 59 Main Street in | ||||||
5 | Oswego, Illinois, owned by the Oswego Fire Protection District | ||||||
6 | if the alcoholic liquor is sold or dispensed as approved by the | ||||||
7 | Oswego Fire Protection District and the property is no longer | ||||||
8 | being utilized for fire protection purposes.
| ||||||
9 | Alcoholic liquors may be served or sold in buildings under | ||||||
10 | the control of the Board of Trustees of the University of | ||||||
11 | Illinois for events that the Board may determine are public | ||||||
12 | events and not related student activities. The Board of | ||||||
13 | Trustees shall issue a written policy within 6 months of August | ||||||
14 | 15, 2008 (the effective date of Public Act 95-847) concerning | ||||||
15 | the types of events that would be eligible for an exemption. | ||||||
16 | Thereafter, the Board of Trustees may issue revised, updated, | ||||||
17 | new, or amended policies as it deems necessary and appropriate. | ||||||
18 | In preparing its written policy, the Board of Trustees shall, | ||||||
19 | among other factors it considers relevant and important, give | ||||||
20 | consideration to the following: (i) whether the event is a | ||||||
21 | student activity or student related activity; (ii) whether the | ||||||
22 | physical setting of the event is conducive to control of liquor | ||||||
23 | sales and distribution; (iii) the ability of the event operator | ||||||
24 | to ensure that the sale or serving of alcoholic liquors and the | ||||||
25 | demeanor of the participants are in accordance with State law | ||||||
26 | and University policies; (iv) regarding the anticipated |
| |||||||
| |||||||
1 | attendees at the event, the relative proportion of individuals | ||||||
2 | under the age of 21 to individuals age 21 or older; (v) the | ||||||
3 | ability of the venue operator to prevent the sale or | ||||||
4 | distribution of alcoholic liquors to individuals under the age | ||||||
5 | of 21; (vi) whether the event prohibits participants from | ||||||
6 | removing alcoholic beverages from the venue; and (vii) whether | ||||||
7 | the event prohibits participants from providing their own | ||||||
8 | alcoholic liquors to the venue. In addition, any policy | ||||||
9 | submitted by the Board of Trustees to the Illinois Liquor | ||||||
10 | Control Commission must require that any event at which | ||||||
11 | alcoholic liquors are served or sold in buildings under the | ||||||
12 | control of the Board of Trustees shall require the prior | ||||||
13 | written approval of the Office of the Chancellor for the | ||||||
14 | University campus where the event is located. The Board of | ||||||
15 | Trustees shall submit its policy, and any subsequently revised, | ||||||
16 | updated, new, or amended policies, to the Illinois Liquor | ||||||
17 | Control Commission, and any University event, or location for | ||||||
18 | an event, exempted under such policies shall apply for a | ||||||
19 | license under the applicable Sections of this Act. | ||||||
20 | Alcoholic liquors may be served or sold in buildings under
| ||||||
21 | the control of the Board of Trustees of Northern Illinois | ||||||
22 | University
for events that the Board may determine are public
| ||||||
23 | events and not student-related activities. The Board of
| ||||||
24 | Trustees shall issue a written policy within 6 months after | ||||||
25 | June 28, 2011 (the
effective date of Public Act 97-45) | ||||||
26 | concerning the types of events that would be eligible
for an |
| |||||||
| |||||||
1 | exemption. Thereafter, the Board of Trustees may issue
revised, | ||||||
2 | updated, new, or amended policies as it deems
necessary and | ||||||
3 | appropriate. In preparing its written policy, the
Board of | ||||||
4 | Trustees shall, in addition to other factors it considers
| ||||||
5 | relevant and important, give consideration to the following:
| ||||||
6 | (i) whether the event is a student activity or student-related
| ||||||
7 | activity; (ii) whether the physical setting of the event is
| ||||||
8 | conducive to control of liquor sales and distribution; (iii)
| ||||||
9 | the ability of the event operator to ensure that the sale or
| ||||||
10 | serving of alcoholic liquors and the demeanor of the
| ||||||
11 | participants are in accordance with State law and University
| ||||||
12 | policies; (iv) the anticipated attendees at the
event and the | ||||||
13 | relative proportion of individuals under the age of
21 to | ||||||
14 | individuals age 21 or older; (v) the ability of the venue
| ||||||
15 | operator to prevent the sale or distribution of alcoholic
| ||||||
16 | liquors to individuals under the age of 21; (vi) whether the
| ||||||
17 | event prohibits participants from removing alcoholic beverages
| ||||||
18 | from the venue; and (vii) whether the event prohibits
| ||||||
19 | participants from providing their own alcoholic liquors to the
| ||||||
20 | venue. | ||||||
21 | Alcoholic liquors may be served or sold in buildings under | ||||||
22 | the control of the Board of Trustees of Chicago State | ||||||
23 | University for events that the Board may determine are public | ||||||
24 | events and not student-related activities. The Board of | ||||||
25 | Trustees shall issue a written policy within 6 months after | ||||||
26 | August 2, 2013 (the effective date of Public Act 98-132) |
| |||||||
| |||||||
1 | concerning the types of events that would be eligible for an | ||||||
2 | exemption. Thereafter, the Board of Trustees may issue revised, | ||||||
3 | updated, new, or amended policies as it deems necessary and | ||||||
4 | appropriate. In preparing its written policy, the Board of | ||||||
5 | Trustees shall, in addition to other factors it considers | ||||||
6 | relevant and important, give consideration to the following: | ||||||
7 | (i) whether the event is a student activity or student-related | ||||||
8 | activity; (ii) whether the physical setting of the event is | ||||||
9 | conducive to control of liquor sales and distribution; (iii) | ||||||
10 | the ability of the event operator to ensure that the sale or | ||||||
11 | serving of alcoholic liquors and the demeanor of the | ||||||
12 | participants are in accordance with State law and University | ||||||
13 | policies; (iv) the anticipated attendees at the event and the | ||||||
14 | relative proportion of individuals under the age of 21 to | ||||||
15 | individuals age 21 or older; (v) the ability of the venue | ||||||
16 | operator to prevent the sale or distribution of alcoholic | ||||||
17 | liquors to individuals under the age of 21; (vi) whether the | ||||||
18 | event prohibits participants from removing alcoholic beverages | ||||||
19 | from the venue; and (vii) whether the event prohibits | ||||||
20 | participants from providing their own alcoholic liquors to the | ||||||
21 | venue. | ||||||
22 | Alcoholic liquors may be served or sold in buildings under
| ||||||
23 | the control of the Board of Trustees of Illinois State | ||||||
24 | University
for events that the Board may determine are public
| ||||||
25 | events and not student-related activities. The Board of
| ||||||
26 | Trustees shall issue a written policy within 6 months after |
| |||||||
| |||||||
1 | March 1, 2013 (the effective date of Public Act 97-1166) | ||||||
2 | concerning the types of events that would be eligible
for an | ||||||
3 | exemption. Thereafter, the Board of Trustees may issue
revised, | ||||||
4 | updated, new, or amended policies as it deems
necessary and | ||||||
5 | appropriate. In preparing its written policy, the
Board of | ||||||
6 | Trustees shall, in addition to other factors it considers
| ||||||
7 | relevant and important, give consideration to the following:
| ||||||
8 | (i) whether the event is a student activity or student-related
| ||||||
9 | activity; (ii) whether the physical setting of the event is
| ||||||
10 | conducive to control of liquor sales and distribution; (iii)
| ||||||
11 | the ability of the event operator to ensure that the sale or
| ||||||
12 | serving of alcoholic liquors and the demeanor of the
| ||||||
13 | participants are in accordance with State law and University
| ||||||
14 | policies; (iv) the anticipated attendees at the
event and the | ||||||
15 | relative proportion of individuals under the age of
21 to | ||||||
16 | individuals age 21 or older; (v) the ability of the venue
| ||||||
17 | operator to prevent the sale or distribution of alcoholic
| ||||||
18 | liquors to individuals under the age of 21; (vi) whether the
| ||||||
19 | event prohibits participants from removing alcoholic beverages
| ||||||
20 | from the venue; and (vii) whether the event prohibits
| ||||||
21 | participants from providing their own alcoholic liquors to the
| ||||||
22 | venue. | ||||||
23 | Alcoholic liquors may be served or sold in buildings under | ||||||
24 | the control of the Board of Trustees of Southern Illinois | ||||||
25 | University for events that the Board may determine are public | ||||||
26 | events and not student-related activities. The Board of |
| |||||||
| |||||||
1 | Trustees shall issue a written policy within 6 months after | ||||||
2 | August 12, 2016 (the effective date of Public Act 99-795) | ||||||
3 | concerning the types of events that would be eligible for an | ||||||
4 | exemption. Thereafter, the Board of Trustees may issue revised, | ||||||
5 | updated, new, or amended policies as it deems necessary and | ||||||
6 | appropriate. In preparing its written policy, the Board of | ||||||
7 | Trustees shall, in addition to other factors it considers | ||||||
8 | relevant and important, give consideration to the following: | ||||||
9 | (i) whether the event is a student activity or student-related | ||||||
10 | activity; (ii) whether the physical setting of the event is | ||||||
11 | conducive to control of liquor sales and distribution; (iii) | ||||||
12 | the ability of the event operator to ensure that the sale or | ||||||
13 | serving of alcoholic liquors and the demeanor of the | ||||||
14 | participants are in accordance with State law and University | ||||||
15 | policies; (iv) the anticipated attendees at the event and the | ||||||
16 | relative proportion of individuals under the age of 21 to | ||||||
17 | individuals age 21 or older; (v) the ability of the venue | ||||||
18 | operator to prevent the sale or distribution of alcoholic | ||||||
19 | liquors to individuals under the age of 21; (vi) whether the | ||||||
20 | event prohibits participants from removing alcoholic beverages | ||||||
21 | from the venue; and (vii) whether the event prohibits | ||||||
22 | participants from providing their own alcoholic liquors to the | ||||||
23 | venue. | ||||||
24 | Alcoholic liquors may be served or sold in buildings under | ||||||
25 | the control of the Board of Trustees of a public university for | ||||||
26 | events that the Board of Trustees of that public university may |
| |||||||
| |||||||
1 | determine are public events and not student-related | ||||||
2 | activities. If the Board of Trustees of a public university has | ||||||
3 | not issued a written policy pursuant to an exemption under this | ||||||
4 | Section on or before July 15, 2016 (the effective date of | ||||||
5 | Public Act 99-550), then that Board of Trustees shall issue a | ||||||
6 | written policy within 6 months after July 15, 2016 (the | ||||||
7 | effective date of Public Act 99-550) concerning the types of | ||||||
8 | events that would be eligible for an exemption. Thereafter, the | ||||||
9 | Board of Trustees may issue revised, updated, new, or amended | ||||||
10 | policies as it deems necessary and appropriate. In preparing | ||||||
11 | its written policy, the Board of Trustees shall, in addition to | ||||||
12 | other factors it considers relevant and important, give | ||||||
13 | consideration to the following: (i) whether the event is a | ||||||
14 | student activity or student-related activity; (ii) whether the | ||||||
15 | physical setting of the event is conducive to control of liquor | ||||||
16 | sales and distribution; (iii) the ability of the event operator | ||||||
17 | to ensure that the sale or serving of alcoholic liquors and the | ||||||
18 | demeanor of the participants are in accordance with State law | ||||||
19 | and University policies; (iv) the anticipated attendees at the | ||||||
20 | event and the relative proportion of individuals under the age | ||||||
21 | of 21 to individuals age 21 or older; (v) the ability of the | ||||||
22 | venue operator to prevent the sale or distribution of alcoholic | ||||||
23 | liquors to individuals under the age of 21; (vi) whether the | ||||||
24 | event prohibits participants from removing alcoholic beverages | ||||||
25 | from the venue; and (vii) whether the event prohibits | ||||||
26 | participants from providing their own alcoholic liquors to the |
| |||||||
| |||||||
1 | venue. As used in this paragraph, "public university" means the | ||||||
2 | University of Illinois, Illinois State University, Chicago | ||||||
3 | State University, Governors State University, Southern | ||||||
4 | Illinois University, Northern Illinois University, Eastern | ||||||
5 | Illinois University, Western Illinois University, and | ||||||
6 | Northeastern Illinois University. | ||||||
7 | Alcoholic liquors may be served or sold in buildings under | ||||||
8 | the control of the Board of Trustees of a community college | ||||||
9 | district for events that the Board of Trustees of that | ||||||
10 | community college district may determine are public events and | ||||||
11 | not student-related activities. The Board of Trustees shall | ||||||
12 | issue a written policy within 6 months after July 15, 2016 (the | ||||||
13 | effective date of Public Act 99-550) concerning the types of | ||||||
14 | events that would be eligible for an exemption. Thereafter, the | ||||||
15 | Board of Trustees may issue revised, updated, new, or amended | ||||||
16 | policies as it deems necessary and appropriate. In preparing | ||||||
17 | its written policy, the Board of Trustees shall, in addition to | ||||||
18 | other factors it considers relevant and important, give | ||||||
19 | consideration to the following: (i) whether the event is a | ||||||
20 | student activity or student-related activity; (ii) whether the | ||||||
21 | physical setting of the event is conducive to control of liquor | ||||||
22 | sales and distribution; (iii) the ability of the event operator | ||||||
23 | to ensure that the sale or serving of alcoholic liquors and the | ||||||
24 | demeanor of the participants are in accordance with State law | ||||||
25 | and community college district policies; (iv) the anticipated | ||||||
26 | attendees at the event and the relative proportion of |
| |||||||
| |||||||
1 | individuals under the age of 21 to individuals age 21 or older; | ||||||
2 | (v) the ability of the venue operator to prevent the sale or | ||||||
3 | distribution of alcoholic liquors to individuals under the age | ||||||
4 | of 21; (vi) whether the event prohibits participants from | ||||||
5 | removing alcoholic beverages from the venue; and (vii) whether | ||||||
6 | the event prohibits participants from providing their own | ||||||
7 | alcoholic liquors to the venue. This paragraph does not apply | ||||||
8 | to any community college district authorized to sell or serve | ||||||
9 | alcoholic liquor under any other provision of this Section. | ||||||
10 | Alcoholic liquor may be delivered to and sold at retail in | ||||||
11 | the
Dorchester Senior Business Center owned by the Village of | ||||||
12 | Dolton if the
alcoholic liquor is sold or dispensed only in | ||||||
13 | connection with organized
functions for which the planned | ||||||
14 | attendance is 20 or more persons, and if
the person or facility | ||||||
15 | selling or dispensing the alcoholic liquor has
provided dram | ||||||
16 | shop liability insurance in maximum limits so as to hold
| ||||||
17 | harmless the Village of Dolton and the State from all financial | ||||||
18 | loss,
damage and harm.
| ||||||
19 | Alcoholic liquors may be delivered to and sold at retail in | ||||||
20 | any
building used as an Illinois State Armory provided:
| ||||||
21 | (i) the Adjutant General's written consent to the | ||||||
22 | issuance of a
license to sell alcoholic liquor in such | ||||||
23 | building is filed with the
Commission;
| ||||||
24 | (ii) the alcoholic liquor is sold or dispensed only in | ||||||
25 | connection
with organized functions held on special | ||||||
26 | occasions;
|
| |||||||
| |||||||
1 | (iii) the organized function is one for which the | ||||||
2 | planned attendance
is 25 or more persons; and
| ||||||
3 | (iv) the facility selling or dispensing the alcoholic | ||||||
4 | liquors has
provided dram shop liability insurance in | ||||||
5 | maximum limits so as to save
harmless the facility and the | ||||||
6 | State from all financial loss, damage or harm.
| ||||||
7 | Alcoholic liquors may be delivered to and sold at retail in | ||||||
8 | the Chicago
Civic Center, provided that:
| ||||||
9 | (i) the written consent of the Public Building | ||||||
10 | Commission which
administers the Chicago Civic Center is | ||||||
11 | filed with the Commission;
| ||||||
12 | (ii) the alcoholic liquor is sold or dispensed only in | ||||||
13 | connection with
organized functions held on special | ||||||
14 | occasions;
| ||||||
15 | (iii) the organized function is one for which the | ||||||
16 | planned attendance is
25 or more persons;
| ||||||
17 | (iv) the facility selling or dispensing the alcoholic | ||||||
18 | liquors has
provided dram shop liability insurance in | ||||||
19 | maximum limits so as to hold
harmless the Civic Center, the | ||||||
20 | City of Chicago and the State from all
financial loss, | ||||||
21 | damage or harm; and
| ||||||
22 | (v) all applicable local ordinances are complied with.
| ||||||
23 | Alcoholic liquors may be delivered or sold in any building | ||||||
24 | belonging to
or under the control of any city, village or | ||||||
25 | incorporated town where more
than 75% of the physical | ||||||
26 | properties of the building is used for commercial
or |
| |||||||
| |||||||
1 | recreational purposes, and the building is located upon a pier | ||||||
2 | extending
into or over the waters of a navigable lake or stream | ||||||
3 | or on the shore of a
navigable lake or stream.
In accordance | ||||||
4 | with a license issued under this Act, alcoholic liquor may be | ||||||
5 | sold, served, or delivered in buildings and facilities under
| ||||||
6 | the control
of the Department of Natural Resources during | ||||||
7 | events or activities lasting no more than 7 continuous days | ||||||
8 | upon the written approval of the
Director of
Natural Resources | ||||||
9 | acting as the controlling government authority. The Director
of
| ||||||
10 | Natural Resources may specify conditions on that approval, | ||||||
11 | including but not
limited to
requirements for insurance and | ||||||
12 | hours of operation.
Notwithstanding any other provision of this | ||||||
13 | Act, alcoholic liquor sold by a
United States Army Corps of | ||||||
14 | Engineers or Department of Natural
Resources
concessionaire | ||||||
15 | who was operating on June 1, 1991 for on-premises consumption
| ||||||
16 | only is not subject to the provisions of Articles IV and IX. | ||||||
17 | Beer and wine
may be sold on the premises of the Joliet Park | ||||||
18 | District Stadium owned by
the Joliet Park District when written | ||||||
19 | consent to the issuance of a license
to sell beer and wine in | ||||||
20 | such premises is filed with the local liquor
commissioner by | ||||||
21 | the Joliet Park District. Beer and wine may be sold in
| ||||||
22 | buildings on the grounds of State veterans' homes when written | ||||||
23 | consent to
the issuance of a license to sell beer and wine in | ||||||
24 | such buildings is filed
with the Commission by the Department | ||||||
25 | of Veterans' Affairs, and the
facility shall provide dram shop | ||||||
26 | liability in maximum insurance coverage
limits so as to save |
| |||||||
| |||||||
1 | the facility harmless from all financial loss, damage
or harm. | ||||||
2 | Such liquors may be delivered to and sold at any property owned | ||||||
3 | or
held under lease by a Metropolitan Pier and Exposition | ||||||
4 | Authority or
Metropolitan Exposition and Auditorium Authority.
| ||||||
5 | Beer and wine may be sold and dispensed at professional | ||||||
6 | sporting events
and at professional concerts and other | ||||||
7 | entertainment events conducted on
premises owned by the Forest | ||||||
8 | Preserve District of Kane County, subject to
the control of the | ||||||
9 | District Commissioners and applicable local law,
provided that | ||||||
10 | dram shop liability insurance is provided at maximum coverage
| ||||||
11 | limits so as to hold the District harmless from all financial | ||||||
12 | loss, damage
and harm.
| ||||||
13 | Nothing in this Section shall preclude the sale or delivery | ||||||
14 | of beer and
wine at a State or county fair or the sale or | ||||||
15 | delivery of beer or wine at a
city fair in any otherwise lawful | ||||||
16 | manner.
| ||||||
17 | Alcoholic liquors may be sold at retail in buildings in | ||||||
18 | State parks
under the control of the Department of Natural | ||||||
19 | Resources,
provided:
| ||||||
20 | a. the State park has overnight lodging facilities with | ||||||
21 | some
restaurant facilities or, not having overnight | ||||||
22 | lodging facilities, has
restaurant facilities which serve | ||||||
23 | complete luncheon and dinner or
supper meals,
| ||||||
24 | b. (blank), and
| ||||||
25 | c. the alcoholic liquors are sold by the State park | ||||||
26 | lodge or
restaurant concessionaire only during the hours |
| |||||||
| |||||||
1 | from 11 o'clock a.m. until
12 o'clock midnight. | ||||||
2 | Notwithstanding any other provision of this Act,
alcoholic | ||||||
3 | liquor sold by the State park or restaurant concessionaire | ||||||
4 | is not
subject to the provisions of Articles IV and IX.
| ||||||
5 | Alcoholic liquors may be sold at retail in buildings on | ||||||
6 | properties
under the control of the Division of Historic Sites | ||||||
7 | and Preservation Division of the Department of Natural | ||||||
8 | Resources
Historic Preservation
Agency or the Abraham Lincoln | ||||||
9 | Presidential Library and Museum provided:
| ||||||
10 | a. the property has overnight lodging facilities with | ||||||
11 | some restaurant
facilities or, not having overnight | ||||||
12 | lodging facilities, has restaurant
facilities which serve | ||||||
13 | complete luncheon and dinner or supper meals,
| ||||||
14 | b. consent to the issuance of a license to sell | ||||||
15 | alcoholic liquors in
the buildings has been filed with the | ||||||
16 | commission by the Division of Historic Sites and
| ||||||
17 | Preservation Division
of the Department of Natural | ||||||
18 | Resources Historic
Preservation Agency or the Abraham | ||||||
19 | Lincoln Presidential Library and Museum,
and
| ||||||
20 | c. the alcoholic liquors are sold by the lodge or | ||||||
21 | restaurant
concessionaire only during the hours from 11 | ||||||
22 | o'clock a.m. until 12 o'clock
midnight.
| ||||||
23 | The sale of alcoholic liquors pursuant to this Section does | ||||||
24 | not
authorize the establishment and operation of facilities | ||||||
25 | commonly called
taverns, saloons, bars, cocktail lounges, and | ||||||
26 | the like except as a part
of lodge and restaurant facilities in |
| |||||||
| |||||||
1 | State parks or golf courses owned
by Forest Preserve Districts | ||||||
2 | with a population of less than 3,000,000 or
municipalities or | ||||||
3 | park districts.
| ||||||
4 | Alcoholic liquors may be sold at retail in the Springfield
| ||||||
5 | Administration Building of the Department of Transportation | ||||||
6 | and the
Illinois State Armory in Springfield; provided, that | ||||||
7 | the controlling
government authority may consent to such sales | ||||||
8 | only if
| ||||||
9 | a. the request is from a not-for-profit organization;
| ||||||
10 | b. such sales would not impede normal operations of the | ||||||
11 | departments
involved;
| ||||||
12 | c. the not-for-profit organization provides dram shop | ||||||
13 | liability in
maximum insurance coverage limits and agrees | ||||||
14 | to defend, save harmless
and indemnify the State of | ||||||
15 | Illinois from all financial loss, damage or harm;
| ||||||
16 | d. no such sale shall be made during normal working | ||||||
17 | hours of the
State of Illinois; and
| ||||||
18 | e. the consent is in writing.
| ||||||
19 | Alcoholic liquors may be sold at retail in buildings in | ||||||
20 | recreational
areas of river conservancy districts under the | ||||||
21 | control of, or leased
from, the river conservancy districts. | ||||||
22 | Such sales are subject to
reasonable local regulations as | ||||||
23 | provided in Article IV; however, no such
regulations may | ||||||
24 | prohibit or substantially impair the sale of alcoholic
liquors | ||||||
25 | on Sundays or Holidays.
| ||||||
26 | Alcoholic liquors may be provided in long term care |
| |||||||
| |||||||
1 | facilities owned or
operated by a county under Division 5-21 or | ||||||
2 | 5-22 of the Counties Code,
when approved by the facility | ||||||
3 | operator and not in conflict
with the regulations of the | ||||||
4 | Illinois Department of Public Health, to
residents of the | ||||||
5 | facility who have had their consumption of the alcoholic
| ||||||
6 | liquors provided approved in writing by a physician licensed to | ||||||
7 | practice
medicine in all its branches.
| ||||||
8 | Alcoholic liquors may be delivered to and dispensed in | ||||||
9 | State housing
assigned to employees of the Department of | ||||||
10 | Corrections.
No person shall furnish or allow to be furnished | ||||||
11 | any alcoholic
liquors to any prisoner confined in any jail, | ||||||
12 | reformatory, prison or house
of correction except upon a | ||||||
13 | physician's prescription for medicinal purposes.
| ||||||
14 | Alcoholic liquors may be sold at retail or dispensed at the | ||||||
15 | Willard Ice
Building in Springfield, at the State Library in | ||||||
16 | Springfield, and at
Illinois State Museum facilities by (1) an
| ||||||
17 | agency of the State, whether legislative, judicial or | ||||||
18 | executive, provided
that such agency first obtains written | ||||||
19 | permission to sell or dispense
alcoholic liquors from the | ||||||
20 | controlling government authority, or by (2) a
not-for-profit | ||||||
21 | organization, provided that such organization:
| ||||||
22 | a. Obtains written consent from the controlling | ||||||
23 | government authority;
| ||||||
24 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
25 | that does not
impair normal operations of State offices | ||||||
26 | located in the building;
|
| |||||||
| |||||||
1 | c. Sells or dispenses alcoholic liquors only in | ||||||
2 | connection with an
official activity in the building;
| ||||||
3 | d. Provides, or its catering service provides, dram | ||||||
4 | shop liability
insurance in maximum coverage limits and in | ||||||
5 | which the carrier agrees to
defend, save harmless and | ||||||
6 | indemnify the State of Illinois from all
financial loss, | ||||||
7 | damage or harm arising out of the selling or dispensing of
| ||||||
8 | alcoholic liquors.
| ||||||
9 | Nothing in this Act shall prevent a not-for-profit | ||||||
10 | organization or agency
of the State from employing the services | ||||||
11 | of a catering establishment for
the selling or dispensing of | ||||||
12 | alcoholic liquors at authorized functions.
| ||||||
13 | The controlling government authority for the Willard Ice | ||||||
14 | Building in
Springfield shall be the Director of the Department | ||||||
15 | of Revenue. The
controlling government authority for Illinois | ||||||
16 | State Museum facilities shall
be the Director of the Illinois | ||||||
17 | State Museum. The controlling government
authority for the | ||||||
18 | State Library in Springfield shall be the Secretary of State.
| ||||||
19 | Alcoholic liquors may be delivered to and sold at retail or | ||||||
20 | dispensed
at any facility, property or building under the | ||||||
21 | jurisdiction of the Division of
Historic Sites and Preservation | ||||||
22 | Division of the Department of Natural Resources
Historic | ||||||
23 | Preservation Agency
or the Abraham
Lincoln Presidential | ||||||
24 | Library and Museum
where the delivery, sale or
dispensing is by | ||||||
25 | (1)
an agency of the State, whether legislative, judicial or | ||||||
26 | executive,
provided that such agency first obtains written |
| |||||||
| |||||||
1 | permission to sell or
dispense alcoholic liquors from a | ||||||
2 | controlling government authority, or by (2) an individual or | ||||||
3 | organization provided that such individual or organization:
| ||||||
4 | a. Obtains written consent from the controlling | ||||||
5 | government authority;
| ||||||
6 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
7 | that does not
impair normal workings of State offices or | ||||||
8 | operations located at the
facility, property or building;
| ||||||
9 | c. Sells or dispenses alcoholic liquors only in | ||||||
10 | connection with an
official activity of the individual or | ||||||
11 | organization in the facility,
property or building;
| ||||||
12 | d. Provides, or its catering service provides, dram | ||||||
13 | shop liability
insurance in maximum coverage limits and in | ||||||
14 | which the carrier agrees to
defend, save harmless and | ||||||
15 | indemnify the State of Illinois from all
financial loss, | ||||||
16 | damage or harm arising out of the selling or dispensing of
| ||||||
17 | alcoholic liquors.
| ||||||
18 | The controlling government authority for the Division of
| ||||||
19 | Historic Sites and Preservation Division of the Department of | ||||||
20 | Natural Resources
Historic Preservation Agency
shall be the | ||||||
21 | Director of Natural Resourc | ||||||
es the Historic Sites and | |||||||
22 | Preservation , and the
controlling
government authority for the | ||||||
23 | Abraham Lincoln Presidential Library and Museum
shall be the | ||||||
24 | Executive Director of the Abraham Lincoln Presidential Library | ||||||
25 | and Museum.
| ||||||
26 | Alcoholic liquors may be delivered to and sold at retail or |
| |||||||
| |||||||
1 | dispensed for
consumption at the Michael Bilandic Building at | ||||||
2 | 160 North LaSalle Street,
Chicago IL 60601, after the normal | ||||||
3 | business hours of any day care or child care
facility located | ||||||
4 | in the building, by (1) a commercial tenant or subtenant
| ||||||
5 | conducting business on the premises under a lease made pursuant | ||||||
6 | to Section
405-315 of the Department of Central Management | ||||||
7 | Services Law (20 ILCS
405/405-315), provided that such tenant | ||||||
8 | or subtenant who accepts delivery of,
sells, or dispenses | ||||||
9 | alcoholic liquors shall procure and maintain dram shop
| ||||||
10 | liability insurance in maximum coverage limits and in which the | ||||||
11 | carrier
agrees to defend, indemnify, and save harmless the | ||||||
12 | State of Illinois from
all financial loss, damage, or harm | ||||||
13 | arising out of the delivery, sale, or
dispensing of alcoholic | ||||||
14 | liquors, or by (2) an agency of the State, whether
legislative, | ||||||
15 | judicial, or executive, provided that such agency first obtains
| ||||||
16 | written permission to accept delivery of and sell or dispense | ||||||
17 | alcoholic liquors
from the Director of Central Management | ||||||
18 | Services, or by (3) a not-for-profit
organization, provided | ||||||
19 | that such organization:
| ||||||
20 | a. obtains written consent from the Department of | ||||||
21 | Central Management
Services;
| ||||||
22 | b. accepts delivery of and sells or dispenses the | ||||||
23 | alcoholic liquors in a
manner that does not impair normal | ||||||
24 | operations of State offices located in the
building;
| ||||||
25 | c. accepts delivery of and sells or dispenses alcoholic | ||||||
26 | liquors only in
connection with an official activity in the |
| |||||||
| |||||||
1 | building; and
| ||||||
2 | d. provides, or its catering service provides, dram | ||||||
3 | shop liability
insurance in maximum coverage limits and in | ||||||
4 | which the carrier agrees to
defend, save harmless, and | ||||||
5 | indemnify the State of Illinois from all
financial loss, | ||||||
6 | damage, or harm arising out of the selling or dispensing of
| ||||||
7 | alcoholic liquors.
| ||||||
8 | Nothing in this Act shall prevent a not-for-profit | ||||||
9 | organization or agency
of the State from employing the services | ||||||
10 | of a catering establishment for
the selling or dispensing of | ||||||
11 | alcoholic liquors at functions authorized by
the Director of | ||||||
12 | Central Management Services.
| ||||||
13 | Alcoholic liquors may be sold at retail or dispensed at the | ||||||
14 | James R.
Thompson Center in Chicago, subject to the provisions | ||||||
15 | of Section 7.4 of the
State Property Control Act, and 222 South | ||||||
16 | College Street in Springfield,
Illinois by (1) a commercial | ||||||
17 | tenant or subtenant conducting business on the
premises under a | ||||||
18 | lease or sublease made pursuant to Section 405-315 of the
| ||||||
19 | Department of Central Management Services Law (20 ILCS | ||||||
20 | 405/405-315), provided
that such tenant or subtenant who
sells | ||||||
21 | or dispenses alcoholic liquors shall procure and maintain dram | ||||||
22 | shop
liability insurance in maximum coverage limits and in | ||||||
23 | which the carrier
agrees to defend, indemnify and save harmless | ||||||
24 | the State of Illinois from
all financial loss, damage or harm | ||||||
25 | arising out of the sale or dispensing of
alcoholic liquors, or | ||||||
26 | by (2) an agency of the State, whether legislative,
judicial or |
| |||||||
| |||||||
1 | executive, provided that such agency first obtains written
| ||||||
2 | permission to sell or dispense alcoholic liquors from the | ||||||
3 | Director of
Central Management Services, or by (3) a | ||||||
4 | not-for-profit organization,
provided that such organization:
| ||||||
5 | a. Obtains written consent from the Department of | ||||||
6 | Central Management
Services;
| ||||||
7 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
8 | that does not
impair normal operations of State offices | ||||||
9 | located in the building;
| ||||||
10 | c. Sells or dispenses alcoholic liquors only in | ||||||
11 | connection with an
official activity in the building;
| ||||||
12 | d. Provides, or its catering service provides, dram | ||||||
13 | shop liability
insurance in maximum coverage limits and in | ||||||
14 | which the carrier agrees to
defend, save harmless and | ||||||
15 | indemnify the State of Illinois from all
financial loss, | ||||||
16 | damage or harm arising out of the selling or dispensing of
| ||||||
17 | alcoholic liquors.
| ||||||
18 | Nothing in this Act shall prevent a not-for-profit | ||||||
19 | organization or agency
of the State from employing the services | ||||||
20 | of a catering establishment for
the selling or dispensing of | ||||||
21 | alcoholic liquors at functions authorized by
the Director of | ||||||
22 | Central Management Services.
| ||||||
23 | Alcoholic liquors may be sold or delivered at any facility | ||||||
24 | owned by the
Illinois Sports Facilities Authority provided that | ||||||
25 | dram shop liability
insurance has been made available in a | ||||||
26 | form, with such coverage and in such
amounts as the Authority |
| |||||||
| |||||||
1 | reasonably determines is necessary.
| ||||||
2 | Alcoholic liquors may be sold at retail or dispensed at the | ||||||
3 | Rockford
State Office Building by (1) an agency of the State, | ||||||
4 | whether legislative,
judicial or executive, provided that such | ||||||
5 | agency first obtains written
permission to sell or dispense | ||||||
6 | alcoholic liquors from the Department of
Central Management | ||||||
7 | Services, or by (2) a not-for-profit organization,
provided | ||||||
8 | that such organization:
| ||||||
9 | a. Obtains written consent from the Department of | ||||||
10 | Central Management
Services;
| ||||||
11 | b. Sells or dispenses the alcoholic liquors in a manner | ||||||
12 | that does not
impair normal operations of State offices | ||||||
13 | located in the building;
| ||||||
14 | c. Sells or dispenses alcoholic liquors only in | ||||||
15 | connection with an
official activity in the building;
| ||||||
16 | d. Provides, or its catering service provides, dram | ||||||
17 | shop liability
insurance in maximum coverage limits and in | ||||||
18 | which the carrier agrees to defend,
save harmless and | ||||||
19 | indemnify the State of Illinois from all financial loss,
| ||||||
20 | damage or harm arising out of the selling or dispensing of | ||||||
21 | alcoholic liquors.
| ||||||
22 | Nothing in this Act shall prevent a not-for-profit | ||||||
23 | organization or agency
of the State from employing the services | ||||||
24 | of a catering establishment for
the selling or dispensing of | ||||||
25 | alcoholic liquors at functions authorized by
the Department of | ||||||
26 | Central Management Services.
|
| |||||||
| |||||||
1 | Alcoholic liquors may be sold or delivered in a building | ||||||
2 | that is owned
by McLean County, situated on land owned by the | ||||||
3 | county in the City of
Bloomington, and used by the McLean | ||||||
4 | County Historical Society if the sale
or delivery is approved | ||||||
5 | by an ordinance adopted by the county board, and
the | ||||||
6 | municipality in which the building is located may not prohibit | ||||||
7 | that
sale or delivery, notwithstanding any other provision of | ||||||
8 | this Section. The
regulation of the sale and delivery of | ||||||
9 | alcoholic liquor in a building that
is owned by McLean County, | ||||||
10 | situated on land owned by the county, and used
by the McLean | ||||||
11 | County Historical Society as provided in this paragraph is an
| ||||||
12 | exclusive power and function of the State and is a denial and | ||||||
13 | limitation
under Article VII, Section 6, subsection (h) of the | ||||||
14 | Illinois Constitution
of the power of a home rule municipality | ||||||
15 | to regulate that sale and delivery.
| ||||||
16 | Alcoholic liquors may be sold or delivered in any building | ||||||
17 | situated on
land held in trust for any school district | ||||||
18 | organized under Article 34 of
the School Code, if the building | ||||||
19 | is not used for school purposes and if the
sale or delivery is | ||||||
20 | approved by the board of education.
| ||||||
21 | Alcoholic liquors may be delivered to and sold at retail in | ||||||
22 | any building owned by a public library district, provided that | ||||||
23 | the delivery and sale is approved by the board of trustees of | ||||||
24 | that public library district and is limited to library | ||||||
25 | fundraising events or programs of a cultural or educational | ||||||
26 | nature. Before the board of trustees of a public library |
| |||||||
| |||||||
1 | district may approve the delivery and sale of alcoholic | ||||||
2 | liquors, the board of trustees of the public library district | ||||||
3 | must have a written policy that has been approved by the board | ||||||
4 | of trustees of the public library district governing when and | ||||||
5 | under what circumstances alcoholic liquors may be delivered to | ||||||
6 | and sold at retail on property owned by that public library | ||||||
7 | district. The written policy must (i) provide that no alcoholic | ||||||
8 | liquor may be sold, distributed, or consumed in any area of the | ||||||
9 | library accessible to the general public during the event or | ||||||
10 | program, (ii) prohibit the removal of alcoholic liquor from the | ||||||
11 | venue during the event, and (iii) require that steps be taken | ||||||
12 | to prevent the sale or distribution of alcoholic liquor to | ||||||
13 | persons under the age of 21. Any public library district that | ||||||
14 | has alcoholic liquor delivered to or sold at retail on property | ||||||
15 | owned by the public library district shall provide dram shop | ||||||
16 | liability insurance in maximum insurance coverage limits so as | ||||||
17 | to save harmless the public library districts from all | ||||||
18 | financial loss, damage, or harm. | ||||||
19 | Alcoholic liquors may be sold or delivered in buildings | ||||||
20 | owned
by the Community Building Complex Committee of Boone | ||||||
21 | County,
Illinois if the person or facility selling or | ||||||
22 | dispensing the
alcoholic liquor has provided dram shop | ||||||
23 | liability insurance with coverage and
in amounts that the | ||||||
24 | Committee reasonably determines are necessary.
| ||||||
25 | Alcoholic liquors may be sold or delivered in the building | ||||||
26 | located at
1200 Centerville Avenue in Belleville, Illinois and |
| |||||||
| |||||||
1 | occupied by either the
Belleville Area Special Education | ||||||
2 | District or the Belleville Area Special
Services
Cooperative. | ||||||
3 | Alcoholic liquors may be delivered to and sold at the Louis | ||||||
4 | Joliet
Renaissance Center, City Center Campus, located at 214 | ||||||
5 | N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts | ||||||
6 | Department facilities, Main Campus, located at
1215 Houbolt | ||||||
7 | Road, Joliet, owned by or under the control of Joliet Junior
| ||||||
8 | College,
Illinois Community College District No. 525.
| ||||||
9 | Alcoholic liquors may be delivered to and sold at Triton | ||||||
10 | College, Illinois Community College District No. 504. | ||||||
11 | Alcoholic liquors may be delivered to and sold at the | ||||||
12 | College of DuPage, Illinois Community College District No. 502. | ||||||
13 | Alcoholic liquors may be delivered to and sold on any | ||||||
14 | property owned, operated, or controlled by Lewis and Clark | ||||||
15 | Community College, Illinois Community College District No. | ||||||
16 | 536. | ||||||
17 | Alcoholic liquors may be delivered to and sold at the | ||||||
18 | building located at 446 East Hickory Avenue in Apple River, | ||||||
19 | Illinois, owned by the Apple River Fire Protection District, | ||||||
20 | and occupied by the Apple River Community Association if the | ||||||
21 | alcoholic liquor is sold or dispensed only in connection with | ||||||
22 | organized functions approved by the Apple River Community | ||||||
23 | Association for which the planned attendance is 20 or more | ||||||
24 | persons and if the person or facility selling or dispensing the | ||||||
25 | alcoholic liquor has provided dram shop liability insurance in | ||||||
26 | maximum limits so as to hold harmless the Apple River Fire |
| |||||||
| |||||||
1 | Protection District, the Village of Apple River, and the Apple | ||||||
2 | River Community Association from all financial loss, damage, | ||||||
3 | and harm. | ||||||
4 | Alcoholic liquors may be delivered to and sold at the Sikia | ||||||
5 | Restaurant, Kennedy King College Campus, located at 740 West | ||||||
6 | 63rd Street, Chicago, and at the Food Services in the Great | ||||||
7 | Hall/Washburne Culinary Institute Department facility, Kennedy | ||||||
8 | King College Campus, located at 740 West 63rd Street, Chicago, | ||||||
9 | owned by or under the control of City Colleges of Chicago, | ||||||
10 | Illinois Community College District No. 508.
| ||||||
11 | (Source: P.A. 99-78, eff. 7-20-15; 99-484, eff. 10-30-15; | ||||||
12 | 99-550, eff. 7-15-16; 99-559, eff. 7-15-16; 99-795, eff. | ||||||
13 | 8-12-16; 100-120, eff. 8-18-17; 100-201, eff. 8-18-17.) | ||||||
14 | Section 120. The Illinois Highway Code is amended by | ||||||
15 | changing Section 4-201.5 as follows:
| ||||||
16 | (605 ILCS 5/4-201.5) (from Ch. 121, par. 4-201.5)
| ||||||
17 | Sec. 4-201.5.
To lay out, construct and maintain, as a part | ||||||
18 | of the
State highway system, highways and entrances which will | ||||||
19 | connect any
State highway, now existing or hereafter | ||||||
20 | constructed, with any State
park, State forest, State wildlife | ||||||
21 | or fish refuge, the grounds of any State
institution or any | ||||||
22 | recreational, scenic or historic place owned or
operated by the | ||||||
23 | State; any national cemetery; and to any tax supported
airport | ||||||
24 | constructed in part by State and federal funds; and, with the
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | consent of the Department of Natural Resources, to
construct, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | maintain and
repair that part of any road or bridge, not | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | otherwise under the
jurisdiction of the Department, which lies | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | within any State park, State
conservation area, State forest, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | State wildlife and fish refuge, or any
other recreational | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | scenic area owned and operated by the
Department of Natural | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Resources.
With the consent of the Department of Natural | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Resources Historic Preservation Agency , to construct,
maintain | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | and repair that part of any road or bridge, not otherwise under
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | the jurisdiction of the Department, which lies within any State | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Historic
Site owned and operated by the Department of Natural | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Resources Historic Preservation Agency .
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13 | (Source: P.A. 89-445, eff. 2-7-96.)
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14 | Section 999. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | becoming law.
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