100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5686

 

Introduced , by Rep. Tim Butler

 

SYNOPSIS AS INTRODUCED:
 
See Index

     Amends various Acts to conform statutes to the agency reorganization under Executive Order Number 1 (2017), which abolished the Historic Preservation Agency and transferred its powers, duties, and functions to the Department of Natural Resources, except for functions transferred by law from the Historic Preservation Agency to the Abraham Lincoln Presidential Library and Museum Agency. Effective immediately.


LRB100 17792 SLF 32971 b

 

 

A BILL FOR

 

HB5686LRB100 17792 SLF 32971 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Employee Housing Act is amended by
5changing Sections 5-5, 5-15, 5-20, 5-25, 5-30, and 5-35 as
6follows:
 
7    (5 ILCS 412/5-5)
8    Sec. 5-5. Policy development. The Department of
9Corrections, the Department of Natural Resources Historic
10Preservation Agency, the University of Illinois, and the
11University of Illinois Foundation shall each develop a policy
12on housing for State employees that addresses the following:
13        (1) Purpose of providing housing.
14        (2) Application procedures.
15        (3) Eligibility.
16        (4) Tenant selection criteria.
17        (5) Accounting for housing in employee compensation.
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,
4the Department of Natural Resources Historic Preservation
5Agency, the Department of Transportation, the University of
6Illinois, and the University of Illinois Foundation shall each
7analyze the need for providing low-rent housing to its
8employees and shall consider alternatives to State-owned
9housing. Rent charged for State-owned housing shall be
10evaluated every 3 years for adjustments, including that
11necessitated 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
15Corrections, the Department of Transportation, the Department
16of Natural Resources Historic Preservation Agency, the
17University of Illinois, and the University of Illinois
18Foundation shall each analyze the need for all employee and
19non-employee tenants of State-owned housing to pay a reasonable
20security deposit and may each collect security deposits and
21maintain 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
2Department of Natural Resources Historic Preservation Agency,
3and the University of Illinois may each require its employees
4for whom it provides housing to pay their own utilities. If
5direct utility payment is required, a utility schedule shall be
6established for employees who can not directly pay utilities
7due to extenuating circumstances, such as occupancy of
8dormitories 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
12Corrections, the Department of Natural Resources Historic
13Preservation Agency, the Department of Transportation, the
14University of Illinois, and the University of Illinois
15Foundation shall each develop and maintain application forms
16for its State-owned housing, written criteria for selecting
17employee tenants, and records of decisions as to who was
18selected 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
22Natural Resources Historic Preservation Agency, and the
23University of Illinois shall each develop written criteria for
24determining which employment positions necessitate provision

 

 

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1of State housing. The criteria shall include the specific
2employee responsibilities that can only be performed
3effectively by occupying State housing.
4(Source: P.A. 97-916, eff. 8-9-12.)
 
5    Section 7. The Department of Natural Resources Act is
6amended 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
9the Historic Preservation Agency to the Department.
10    The Department of Natural Resources shall, on or before
11December 31, 2018 and annually thereafter for 3 calendar years,
12provide a report to the General Assembly that includes an
13analysis of the effect the transfer of the powers and duties
14from the Historic Preservation Agency to the Department under
15this amendatory Act of the 100th General Assembly had on State
16government and State taxpayers. The report shall also include
17recommendations for further legislation relating to the
18implementation of the reorganization. A copy of each report
19shall be filed with the General Assembly as provided under
20Section 3.1 of the General Assembly Organization Act.
 
21    Section 10. The Interagency Wetland Policy Act of 1989 is
22amended 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
3Wetlands Committee, chaired by the Director of Natural
4Resources or his or her representative, is established. The
5Directors of the following agencies, or their respective
6representatives, 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
14additional persons with relevant expertise designated by the
15Director of Natural Resources.
16    The Interagency Wetlands Committee shall advise the
17Director 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
14changing Section 1 as follows:
 
15    (20 ILCS 840/1)  (from Ch. 105, par. 468g)
16    Sec. 1. The following described areas are designated State
17Parks and have the names herein ascribed to them:
18    Adeline Jay Geo-Karis Illinois Beach State Park, in Lake
19County;
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
19Peoria County;
20    Hennepin Canal Parkway State Park, in Bureau, Henry, Rock
21Island, Lee and Whiteside Counties;
22    Horseshoe Lake State Park, in Madison and St. Clair
23Counties;
24    Illini State Park, in La Salle County;
25    Illinois and Michigan Canal State Park, in the counties of
26Cook, Will, Grundy, DuPage and La Salle;

 

 

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1    Johnson Sauk Trail State Park, in Henry County;
2    Jubilee College State Park, in Peoria County, excepting
3Jubilee College State Historic Site as described in Section 7.1
4of 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
15County;
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
20Lake;
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;

 

 

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1    Rock Cut State Park, in Winnebago County, containing Pierce
2Lake;
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
6Counties;
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
23by changing Sections 2a, 3a, 4a, and 5a as follows:
 
24    (20 ILCS 860/2a)  (from Ch. 105, par. 532a)

 

 

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1    Sec. 2a. The Department of Natural Resources Historic
2Preservation Agency is authorized to have prepared with the
3Department of Commerce and Economic Opportunity and to
4maintain, and keep up-to-date a comprehensive plan for the
5preservation of the historically significant properties and
6interests 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
10Preservation Agency is authorized to survey, design, develop,
11operate, and maintain historically significant properties and
12interests of the State; and to acquire land, waters,
13structures, and interests in land, waters and structures for
14such historic properties and interests. It may enter into
15contracts and agreements with the United States or any
16appropriate agency thereof, keep financial and other records
17relating thereto, and furnish to appropriate officials and
18agencies of the United States such reports and information as
19may be reasonably necessary to enable such officials and
20agencies to perform their duties under such programs. In
21connection with obtaining for the State of Illinois the
22benefits of any such program, the Department of Natural
23Resources Historic Preservation Agency shall coordinate its
24activities with and represent the interests of individuals,
25private organizations and units of government in the survey,

 

 

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1planning and development of historically significant
2properties 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
6Preservation Agency is authorized to receive Federal monies for
7the survey, acquisition, planning and development of
8historically significant properties and interests. Monies so
9received shall be placed in the Illinois Historic Sites Fund in
10the State Treasury. The State Treasurer shall, ex officio, be
11the custodian of such fund. Subject to appropriation, such fund
12shall be drawn upon by the Department Agency or disbursed by
13the State Treasurer to local governmental units or other
14qualified participants upon the direction of the Department
15Agency.
16(Source: P.A. 84-25.)
 
17    (20 ILCS 860/5a)  (from Ch. 105, par. 535a)
18    Sec. 5a. Projects involving participating Federal-aid
19funds may be undertaken by the Department of Natural Resources
20Historic Preservation Agency after it has been determined that
21sufficient funds are available to the Department Agency for
22meeting the non-federal share of project costs. It is the
23legislative intent that, to such extent as may be necessary to
24assure the proper operation, maintenance and preservation of

 

 

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1historic properties and interests surveyed, acquired or
2developed pursuant to any program participated in by this State
3under authority of this Act, such historic properties and
4interests shall be publicly maintained for historic
5preservation purposes. The Department of Natural Resources
6Historic Preservation Agency may enter into and administer
7agreements with the United States or any appropriate agency
8thereof for survey, planning, acquisition, development and
9preservation projects involving participating Federal-aid
10funds on behalf of any county, city, other governmental unit or
11qualified participant provided such county, city, other local
12governmental unit or qualified participant gives necessary
13assurances to the Department of Natural Resources Historic
14Preservation Agency that it has available sufficient funds to
15meet its share of the cost of the project and that the
16surveyed, acquired or developed historic properties and
17interests will be operated and maintained at its expense for
18historic preservation purposes.
19(Source: P.A. 84-25.)
 
20    Section 25. The Historic Preservation Agency Act is amended
21by changing Sections 1, 2, 6, 8, 11, 12, 13, 14, 15, 16, 19, 22,
22and 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

 

 

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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
6Agency;
7    (b) (Blank); "Board" means the Board of Trustees of the
8Historic Preservation Agency;
9    (b-5) "Department" means the Department of Natural
10Resources.
11    (c) "Director" means the Director of Natural Resources
12Historic Sites and Preservation;
13    (d) (Blank);
14    (e) (Blank);
15    (f) (Blank); and
16    (g) "Historic Sites and Preservation Division" means the
17Division of Historic Preservation within the Department of
18Natural Resources that part of the Agency that is headed by the
19Director 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
24100th General Assembly, the Historic Preservation Agency,

 

 

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1including the Board of Trustees, is hereby abolished and all
2powers, duties, rights, and responsibilities of the Historic
3Preservation Agency, except those functions relating to the
4Abraham Lincoln Presidential Library and Museum, shall be
5transferred to the Department of Natural Resources. The powers,
6duties, rights, and responsibilities related to the functions
7of the Historic Preservation Agency transferred under this this
8amendatory Act of the 100th General Assembly shall be vested in
9and shall be exercised by the Department of Natural Resources.
10Each act done in the exercise of those powers, duties, rights,
11and responsibilities shall have the same legal effect as if
12done by the Historic Preservation Agency or its divisions,
13officers, or employees.
14    (b) The personnel and positions within the Historic
15Preservation Agency shall be transferred to the Department of
16Natural Resources and shall continue their service within the
17Department of Natural Resources. The status and rights of those
18employees under the Personnel Code shall not be affected by
19this amendatory Act of the 100th General Assembly. The rights
20of the employees and the State of Illinois and its agencies
21under the Personnel Code and applicable collective bargaining
22agreements or under any pension, retirement, or annuity plan,
23shall not be affected by this amendatory Act of the 100th
24General Assembly.
25    (c) All books, records, papers, documents, property (real
26and personal), contracts, causes of action, and pending

 

 

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1business pertaining to the powers, duties, rights, and
2responsibilities transferred by this amendatory Act of the
3100th General Assembly from the Historic Preservation Agency to
4the Department of Natural Resources, including, but not limited
5to, material in electronic or magnetic format and necessary
6computer hardware and software, shall be transferred to the
7Department of Natural Resources.
8    (d) With respect to the functions of the Historic
9Preservation Agency transferred under this amendatory Act of
10the 100th General Assembly, the Department of Natural Resources
11is the successor agency to the Historic Preservation Agency
12under the Successor Agency Act and Section 9b of the State
13Finance Act. All unexpended appropriations and balances and
14other funds available for use by the Historic Preservation
15Agency shall, under the direction of the Governor, be
16transferred for use by the Department of Natural Resources in
17accordance with this amendatory Act of the 100th General
18Assembly. Unexpended balances so transferred shall be expended
19by the Department of Natural Resources only for the purpose for
20which the appropriations were originally made.
21    (e) The manner in which any official is appointed, except
22that when any provision of an Executive Order or Act provides
23for the membership of the Historic Preservation Agency on any
24council, commission, board, or other entity, the Director of
25Natural Resources or his or her designee shall serve in that
26place; if more than one person is required by law to serve on

 

 

HB5686- 16 -LRB100 17792 SLF 32971 b

1any council, commission, board, or other entity, then an
2equivalent number of representatives of the Department of
3Natural Resources shall so serve.
4    (f) Whenever reports or notices are required to be made or
5given or papers or documents furnished or served by any person
6to or upon the Historic Preservation Agency in connection with
7any of the powers, duties, rights, or responsibilities
8transferred by this amendatory Act of the 100th General
9Assembly, the same shall be made, given, furnished, or served
10in the same manner to or upon the Department of Natural
11Resources.
12    (g) Any rules of the Historic Preservation Agency that
13relate to its powers, duties, rights, and responsibilities and
14are in full force on the effective date of this amendatory Act
15of the 100th General Assembly shall become the rules of the
16Department of Natural Resources. This amendatory Act of the
17100th General Assembly does not affect the legality of any of
18those rules in the Illinois Administrative Code. Any proposed
19rule filed with the Secretary of State by the Historic
20Preservation Agency that is pending in the rulemaking process
21on the effective date of this amendatory Act of the 100th
22General Assembly and pertain to the powers, duties, rights, and
23responsibilities transferred, shall be deemed to have been
24filed by the Department of Natural Resources. As soon as
25practicable hereafter, the Department of Natural Resources
26shall revise and clarify the rules transferred to it under this

 

 

HB5686- 17 -LRB100 17792 SLF 32971 b

1amendatory Act of the 100th General Assembly to reflect the
2reorganization of powers, duties, rights, and responsibilities
3affected by this amendatory Act of the 100th General Assembly,
4using the procedures for recodification of rules available
5under the Illinois Administrative Procedure Act, except that
6existing title, part, and section numbering for the affected
7rules may be retained. On and after the effective date of this
8amendatory Act of the 100th General Assembly, the Department of
9Natural Resources may propose and adopt, under the Illinois
10Administrative Procedure Act, any other rules that relate to
11the functions of the Historic Preservation Agency transferred
12to and that will now be administered by the Department of
13Natural Resources.
14    (h) The transfer of powers, duties, rights, and
15responsibilities to the Department of Natural Resources under
16this amendatory Act of the 100th General Assembly does not
17affect any person's rights, obligations, or duties, including
18any civil or criminal penalties applicable, arising out of
19those transferred powers, duties, rights, and
20responsibilities.
21    (i) This amendatory Act of the 100th General Assembly does
22not affect any act done, ratified, or canceled, or any right
23occurring or established, or any action or proceeding had or
24commenced in an administrative, civil, or criminal cause by the
25Historic Preservation Agency before the effective date of this
26amendatory Act of the 100th General Assembly; those actions or

 

 

HB5686- 18 -LRB100 17792 SLF 32971 b

1proceedings may be defended, prosecuted, or continued by the
2Department of Natural Resources.
3    (j) This amendatory Act of the 100th General Assembly does
4not contravene, and shall not be construed to contravene, any
5State statute except as provided in this Section or federal
6law.
 
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
10100th General Assembly, the Division of Historic Preservation
11of the Department of Natural Resources Office of Land
12Management shall exercise all rights, powers, and duties vested
13in the Historic Sites and Preservation Division. The head of
14the Division shall be known as the Division Manager of Historic
15Preservation. The Department of Natural Resources may employ or
16retain other persons to assist in the discharge of its
17functions under this Act, subject to the Personnel Code and any
18other applicable Department policies.
 
19    (20 ILCS 3405/6)  (from Ch. 127, par. 2706)
20    Sec. 6. Jurisdiction. The Historic Sites and Preservation
21Division of the Department Agency shall have jurisdiction over
22the following described areas which are hereby designated as
23State Historic Sites, State Memorials, and Miscellaneous
24Properties:
 

 

 

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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;

 

 

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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;

 

 

HB5686- 21 -LRB100 17792 SLF 32971 b

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
17an individual business plan for each historic site related to
18Abraham Lincoln that is listed in Section 6 of this Act. Each
19business plan must address ways to enhance tourism at the
20historic site and the historic aspect of each site. The
21Department Agency may seek assistance from the Department of
22Commerce and Economic Opportunity when creating the business
23plans. The Department Agency shall complete the business plans
24no later than January 1, 2008.

 

 

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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
4the Department Agency shall exercise all rights, powers and
5duties vested in the Department of Conservation by the
6"Illinois Historic Preservation Act", approved August 14,
71976, 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
11the Department Agency shall exercise all rights, powers and
12duties vested in the Department of Conservation by Section
1363a34 of the Civil Administrative Code of Illinois (renumbered;
14now 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
19the Department Agency shall exercise all rights, powers and
20duties vested in the Department of Conservation by "An Act
21relating to the planning, acquisition and development of
22outdoor recreation resources and facilities, and authorizing
23the participation by the State of Illinois its political

 

 

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1subdivisions and qualified participants in programs of Federal
2assistance relating thereto", approved July 6, 1965, as
3amended, solely as it relates to the powers, rights, duties and
4obligations heretofore exercised by the Department of
5Conservation over historically significant properties and
6interests 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
10the Department Agency shall exercise all rights, powers and
11duties set forth in Sections 10-40 through 10-85 of the
12Property 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
16the Department Agency shall exercise all rights, powers and
17duties vested in the Department of Conservation by Section
184-201.5 of the "Illinois Highway Code", approved June 8, 1959,
19as amended, solely as it relates to access to historic sites
20and 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

 

 

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1the Department Agency shall have the following additional
2powers:
3    (a) To hire agents and employees necessary to carry out the
4duties and purposes of the Historic Sites and Preservation
5Division of the Department Agency.
6    (b) To take all measures necessary to erect, maintain,
7preserve, restore, and conserve all State Historic Sites and
8State Memorials, except when supervision and maintenance is
9otherwise provided by law. This authorization includes the
10power, with the consent of the Board, to enter into contracts,
11acquire and dispose of real and personal property, and enter
12into leases of real and personal property. The Department
13Agency has the power to acquire, for purposes authorized by
14law, any real property in fee simple subject to a life estate
15in the seller in not more than 3 acres of the real property
16acquired, subject to the restrictions that the life estate
17shall be used for residential purposes only and that it shall
18be non-transferable.
19    (c) To provide recreational facilities, including
20campsites, lodges and cabins, trails, picnic areas, and related
21recreational facilities, at all sites under the jurisdiction of
22the Department Agency.
23    (d) To lay out, construct, and maintain all needful roads,
24parking areas, paths or trails, bridges, camp or lodge sites,
25picnic areas, lodges and cabins, and any other structures and
26improvements necessary and appropriate in any State historic

 

 

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1site or easement thereto; and to provide water supplies, heat
2and light, and sanitary facilities for the public and living
3quarters for the custodians and keepers of State historic
4sites.
5    (e) To grant licenses and rights-of-way within the areas
6controlled by the Historic Sites and Preservation Division of
7the Department Agency for the construction, operation, and
8maintenance upon, under or across the property, of facilities
9for water, sewage, telephone, telegraph, electric, gas, or
10other public service, subject to the terms and conditions as
11may be determined by the Department Agency.
12    (f) To authorize the officers, employees, and agents of the
13Historic Sites and Preservation Division of the Department
14Agency, for the purposes of investigation and to exercise the
15rights, powers, and duties vested and that may be vested in it,
16to enter and cross all lands and waters in this State, doing no
17damage to private property.
18    (g) To transfer jurisdiction of or exchange any realty
19under the control of the Historic Sites and Preservation
20Division of the Department Agency to any other Department of
21the State Government, or to any agency of the Federal
22Government, or to acquire or accept Federal lands, when any
23transfer, exchange, acquisition, or acceptance is advantageous
24to the State and is approved in writing by the Governor.
25    (h) To erect, supervise, and maintain all public monuments
26and memorials erected by the State, except when the supervision

 

 

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1and maintenance of public monuments and memorials is otherwise
2provided by law.
3    (i) To accept, hold, maintain, and administer, as trustee,
4property given in trust for educational or historic purposes
5for the benefit of the People of the State of Illinois and to
6dispose, with the consent of the Board, of any property under
7the terms of the instrument creating the trust.
8    (j) To lease concessions on any property under the
9jurisdiction of the Department Agency for a period not
10exceeding 25 years and to lease a concession complex at
11Lincoln's New Salem State Historic Site for which a cash
12incentive has been authorized under Section 5.1 of this the
13Historic Preservation Agency Act for a period not to exceed 40
14years. All leases, for whatever period, shall be made subject
15to the written approval of the Governor. All concession leases
16extending for a period in excess of 10 years, will contain
17provisions for the Department Agency to participate, on a
18percentage basis, in the revenues generated by any concession
19operation.
20    The Department Agency is authorized to allow for provisions
21for a reserve account and a leasehold account within Department
22Agency concession lease agreements for the purpose of setting
23aside revenues for the maintenance, rehabilitation, repair,
24improvement, and replacement of the concession facility,
25structure, and equipment of the Department Agency that are part
26of the leased premises.

 

 

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1    The lessee shall be required to pay into the reserve
2account a percentage of gross receipts, as set forth in the
3lease, to be set aside and expended in a manner acceptable to
4the Department Agency by the concession lessee for the purpose
5of ensuring that an appropriate amount of the lessee's moneys
6are provided by the lessee to satisfy the lessee's incurred
7responsibilities for the operation of the concession facility
8under the terms and conditions of the concession lease.
9    The lessee account shall allow for the amortization of
10certain authorized expenses that are incurred by the concession
11lessee but that are not an obligation of the lessee under the
12terms and conditions of the lease agreement. The Department
13Agency may allow a reduction of up to 50% of the monthly rent
14due for the purpose of enabling the recoupment of the lessee's
15authorized expenditures during the term of the lease.
16    (k) To sell surplus agricultural products grown on land
17owned by or under the jurisdiction of the Historic Sites and
18Preservation Division of the Department Agency, when the
19products cannot be used by the Department Agency.
20    (l) To enforce the laws of the State and the rules and
21regulations of the Department Agency in or on any lands owned,
22leased, or managed by the Historic Sites and Preservation
23Division of the Department Agency.
24    (m) To cooperate with private organizations and agencies of
25the State of Illinois by providing areas and the use of staff
26personnel where feasible for the sale of publications on the

 

 

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1historic and cultural heritage of the State and craft items
2made by Illinois craftsmen. These sales shall not conflict with
3existing concession agreements. The Historic Sites and
4Preservation Division of the Department Agency is authorized to
5negotiate with the organizations and agencies for a portion of
6the monies received from sales to be returned to the Historic
7Sites and Preservation Division of the Department's Agency's
8Historic Sites Fund for the furtherance of interpretive and
9restoration programs.
10    (n) To establish local bank or savings and loan association
11accounts, upon the written authorization of the Director, to
12temporarily hold income received at any of its properties. The
13local accounts established under this Section shall be in the
14name of the Department Historic Preservation Agency and shall
15be subject to regular audits. The balance in a local bank or
16savings and loan association account shall be forwarded to the
17Department Agency for deposit with the State Treasurer on
18Monday of each week if the amount to be deposited in a fund
19exceeds $500.
20    No bank or savings and loan association shall receive
21public funds as permitted by this Section, unless it has
22complied with the requirements established under Section 6 of
23the Public Funds Investment Act.
24    (o) To accept, with the consent of the Board, offers of
25gifts, gratuities, or grants from the federal government, its
26agencies, or offices, or from any person, firm, or corporation.

 

 

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1    (p) To make reasonable rules and regulations as may be
2necessary to discharge the duties of the Department Agency.
3    (q) With appropriate cultural organizations, to further
4and advance the goals of the Department Agency.
5    (r) To make grants for the purposes of planning, survey,
6rehabilitation, restoration, reconstruction, landscaping, and
7acquisition of Illinois properties (i) designated individually
8in the National Register of Historic Places, (ii) designated as
9a landmark under a county or municipal landmark ordinance, or
10(iii) located within a National Register of Historic Places
11historic district or a locally designated historic district
12when the Director determines that the property is of historic
13significance whenever an appropriation is made therefor by the
14General Assembly or whenever gifts or grants are received for
15that purpose and to promulgate regulations as may be necessary
16or desirable to carry out the purposes of the grants.
17    Grantees may, as prescribed by rule, be required to provide
18matching funds for each grant. Grants made under this
19subsection shall be known as Illinois Heritage Grants.
20    Every owner of a historic property, or the owner's agent,
21is eligible to apply for a grant under this subsection.
22    (s) To establish and implement a pilot program for charging
23admission to State historic sites. Fees may be charged for
24special events, admissions, and parking or any combination;
25fees may be charged at all sites or selected sites. All fees
26shall be deposited into the Illinois Historic Sites Fund. The

 

 

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1Historic Sites and Preservation Division of the Department
2Agency shall have the discretion to set and adjust reasonable
3fees at the various sites, taking into consideration various
4factors, including, but not limited to: cost of services
5furnished to each visitor, impact of fees on attendance and
6tourism, and the costs expended collecting the fees. The
7Department Agency shall keep careful records of the income and
8expenses resulting from the imposition of fees, shall keep
9records as to the attendance at each historic site, and shall
10report to the Governor and General Assembly by January 31 after
11the close of each year. The report shall include information on
12costs, expenses, attendance, comments by visitors, and any
13other information the Department Agency may believe pertinent,
14including:
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
21to provide suitable housing facilities for student and juvenile
22overnight camping groups. The Historic Sites and Preservation
23Division of the Department Agency shall charge rates similar to
24those charged by the Department of Conservation for the same or
25similar facilities and services.
26    (u) To engage in marketing activities designed to promote

 

 

HB5686- 31 -LRB100 17792 SLF 32971 b

1the sites and programs administered by the Department Agency.
2In undertaking these activities, the Department Agency may take
3all necessary steps with respect to products and services,
4including, but not limited to, retail sales, wholesale sales,
5direct marketing, mail order sales, telephone sales,
6advertising and promotion, purchase of product and materials
7inventory, design, printing and manufacturing of new products,
8reproductions, and adaptations, copyright and trademark
9licensing and royalty agreements, and payment of applicable
10taxes. In addition, the Department Agency shall have the
11authority to sell advertising in its publications and printed
12materials. All income from marketing activities shall be
13deposited 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
17deposited with the Department Agency and held more than 25
18years and no person has made claim upon the property, the
19property shall be deemed abandoned and shall become the
20property of the Department Agency. Provided, however, that in
21order to perfect the title the Department Agency must
22diligently seek to find the owner by writing to the owner at
23the last known address by certified mail. If no claim is made
24within 30 days of sending the certified letter, the Department
25Agency shall publish in the official State newspaper and in a

 

 

HB5686- 32 -LRB100 17792 SLF 32971 b

1local newspaper that distributes in the area of owner's last
2known address a notice containing the name of the owner, a
3description of the property, and the method of filing a claim.
4If no person claims the property within 90 days after the
5advertisement is published, title to the property vests in the
6Department 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
11all people should know of and remember the human carnage and
12dehumanizing atrocities committed during the period of the
13African slave trade and slavery in America and of the vestiges
14of slavery in this country; and it is in fact vital to educate
15our citizens on these events, the legacy of slavery, the sad
16history of racism in this country, and the principles of human
17rights and dignity in a civilized society.
18    It is the policy of the State of Illinois that the history
19of the African slave trade, slavery in America, the depth of
20their impact in our society, and the triumphs of
21African-Americans and their significant contributions to the
22development of this country is the proper concern of all
23people, particularly students enrolled in the schools of the
24State of Illinois.
25    It is therefore desirable to create a Commission that, as

 

 

HB5686- 33 -LRB100 17792 SLF 32971 b

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

 

 

HB5686- 34 -LRB100 17792 SLF 32971 b

112 public members. Public members shall be appointed as
2follows:
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
12with due regard to broad geographic representation and ethnic
13diversity, who have served actively in organizations that
14educate the public on the history of the African slave trade,
15the contributions of African-Americans to our society, and
16civil rights issues.
17    Each public member of the Commission shall serve for a term
18of 3 years, except that of the initial members so appointed:
19one member appointed by the President of the Senate, one member
20appointed by the Speaker of the House of Representatives, and 2
21members appointed by the Governor shall serve for terms of one
22year; the member appointed by the Minority Leader of the
23Senate, one member appointed by the Speaker of the House of
24Representatives, and 2 members appointed by the Governor shall
25serve for terms of 2 years; and one member appointed by the
26President of the Senate, the member appointed by the Minority

 

 

HB5686- 35 -LRB100 17792 SLF 32971 b

1Leader of the House of Representatives, and 2 members appointed
2by the Governor shall serve for terms of 3 years. Public
3members shall be eligible for reappointment. They shall serve
4until their successors are appointed and qualified, and the
5term of the successor of any incumbent shall be calculated from
6the expiration of the term of that incumbent. A vacancy
7occurring other than by expiration of term shall be filled in
8the same manner as the original appointment, but for the
9unexpired term only.
10    (d) Election of chairperson; meetings. At its first meeting
11and annually thereafter, the Commission shall elect from among
12its members a chairperson and other officers it considers
13necessary or appropriate. After its first meeting, the
14Commission shall meet at least quarterly, or more frequently at
15the call of the chairperson or if requested by 9 or more
16members.
17    (e) Quorum. A majority of the members of the Commission
18constitute a quorum for the transaction of business at a
19meeting of the Commission. A majority of the members present
20and serving is required for official action of the Commission.
21    (f) Public meeting. All business that the Commission is
22authorized to perform shall be conducted at a public meeting of
23the Commission, held in compliance with the Open Meetings Act.
24    (g) Freedom of Information. A writing prepared, owned,
25used, in the possession of, or retained by the Commission in
26the performance of an official function is subject to the

 

 

HB5686- 36 -LRB100 17792 SLF 32971 b

1Freedom of Information Act.
2    (h) Compensation. The members of the Commission shall serve
3without compensation, but shall be entitled to reimbursement
4for all necessary expenses incurred in the performance of their
5official duties as members of the Commission from funds
6appropriated for that purpose. Reimbursement for travel,
7meals, and lodging shall be in accordance with the rules of the
8Governor's Travel Control Board.
9    (i) Duties. The Commission shall have the following
10responsibilities 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

 

 

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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

 

 

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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
21authorized to call upon any department, office, division, or
22agency of the State, or of any county, municipality, or school
23district of the State, to supply such data, program reports,
24and other information, appropriate school personnel, and
25assistance as it deems necessary to discharge its
26responsibilities under this Act. These departments, offices,

 

 

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1divisions, and agencies shall, to the extent possible and not
2inconsistent with any other law of this State, cooperate with
3the Commission and shall furnish it with such information,
4appropriate school personnel, and assistance as may be
5necessary or helpful to accomplish the purposes of this Act.
6    (k) State Board of Education assistance. The State Board of
7Education 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
26availability of appropriations, hire additional staff and

 

 

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1consultants to carry out the duties and responsibilities
2provided within this subsection (k).
3    (l) Report. The Commission shall report its activities and
4findings, as required under subsection (i), to the Governor and
5General Assembly on or before June 30, 2006, and biannually
6thereafter.
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
10Historic Sites, State Memorials, and other properties that are
11under the jurisdiction of the Department Historic Preservation
12Agency under Section 6 of this Act shall set aside a booth or
13section for the sale of products manufactured in the United
14States. As used in this Section, "products manufactured in the
15United States" means assembled articles, materials, or
16supplies for which design, final assembly, processing,
17packaging, testing, or other process that adds value, quality,
18or 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

 

 

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1by repealing Sections 3, 4, 5, and 34.
 
2    Section 35. The Illinois Historic Preservation Act is
3amended 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
7Council.
8    (b) (Blank).
9    (c) (Blank). "Agency" means the Historic Preservation
10Agency.
11    (c-5) "Department" means the Department of Natural
12Resources.
13    (d) "Director" means the Director of Natural Resources, or
14his or her designee, Historic Preservation who will serve as
15the State Historic Preservation Officer.
16    (d-1) "Historic resource" means any property which is
17either 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

 

 

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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
5parcels of real estate under common or related ownership or
6control, where any significant improvements are at least 40
7years old, or (2) any aboriginal mound, fort, earthwork,
8village, location, burial ground, historic or prehistoric
9ruin, mine case or other location which is or may be the source
10of 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
18Illinois Historic Sites Advisory Council, previously
19established pursuant to Federal regulations, hereafter called
20the Council. The Council shall consist of 15 members. Of these,
21there shall be at least 3 historians, at least 3 architectural
22historians, or architects with a preservation background, and
23at least 3 archeologists. The remaining 6 members shall be
24drawn from supporting fields and have a preservation interest.
25Supporting fields shall include but not be limited to

 

 

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1historical geography, law, urban planning, local government
2officials, and members of other preservation commissions. All
3shall be appointed by the Director of Historic Sites and
4Preservation, with the consent of the Board.
5    The Council Chairperson shall be appointed by the Director
6of Historic Sites and Preservation from the Council membership
7and shall serve at the Director's pleasure.
8    The Executive Director of the Abraham Lincoln Presidential
9Library and Museum and the Director of the Illinois State
10Museum shall serve on the Council in advisory capacity as
11non-voting members.
12    Terms of membership shall be 3 years and shall be staggered
13by the Director to assure continuity of representation.
14    The Council shall meet at least 3 times each year.
15Additional meetings may be held at the call of the chairperson
16or at the call of the Director.
17    Members shall serve without compensation, but shall be
18reimbursed for actual expenses incurred in the performance of
19their 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
23necessary to perform the duties prescribed by this Act, the
24Council shall have the following powers:
25        (a) to recommend nominations to the National Register

 

 

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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
12granted to the Department Agency by law, the Department Agency
13shall 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,

 

 

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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
8programs administered by the Department Agency, including
9grants, direct and indirect cost reimbursements, income from
10marketing activities, gifts, donations and bequests, from
11private organizations, individuals, other State agencies or
12federal agencies, monies received from publications, and
13copying and certification fees related to such programs, and
14all income from fees generated from admissions, special events,
15parking, camping, concession and property rental, shall be
16deposited into a special fund in the State treasury, to be
17known as the Illinois Historic Sites Fund, which is hereby
18created. Subject to appropriation, the monies in such fund
19shall be used by the Department Agency for historic
20preservation purposes only.
21    The Illinois Historic Sites Fund is not subject to
22administrative charges or charge-backs, including but not
23limited to those authorized under Section 8h of the State
24Finance Act.
25(Source: P.A. 96-1312, eff. 7-27-10.)
 

 

 

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1    Section 40. The Historical Sites Listing Act is amended by
2changing 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
5owning a site of general historical interest or having the
6written consent of the owner of such a site may apply to the
7Department of Natural Resources Historic Preservation Agency
8to 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
12Preservation Agency finds that a site described in an
13application under Section 1 is of sufficient general historical
14interest to warrant listing and marking, it shall list the site
15in a register kept for that purpose and shall display at the
16site a suitable marker indicating that the site is a registered
17State 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
21Preservation Agency, in cooperation with the Division of
22Highways of the Department of Transportation and any other

 

 

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1interested public or private agency, shall place and maintain
2all 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
5Preservation Act is amended by changing Sections 1, 3, 4, and 5
6as follows:
 
7    (20 ILCS 3420/1)  (from Ch. 127, par. 133c21)
8    Sec. 1. Purposes. The purpose of this Act is to provide
9Illinois State government leadership in preserving, restoring,
10and maintaining the historic resources of the State. It is the
11purpose of this Act to establish a program whereby State
12agencies (1) administer the historic resources under their
13control to foster and enhance their availability to future
14generations, (2) prepare policies and plans to contribute to
15the preservation, restoration, and maintenance of State-owned
16historic resources for the inspiration and benefit of the
17people, and (3) in consultation with the Director of Natural
18Resources Historic Preservation, institute procedures to
19ensure that State projects consider the preservation and
20enhancement of both State owned and non-State owned historic
21resources.
22(Source: P.A. 86-707.)
 
23    (20 ILCS 3420/3)  (from Ch. 127, par. 133c23)

 

 

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1    Sec. 3. Definitions.
2    (a) "Director" means the Director of Natural Resources, or
3his or her designee, Historic Preservation who shall serve as
4the State Historic Preservation Officer.
5    (b) "Agency" shall have the same meaning as in Section 1-20
6of the Illinois Administrative Procedure Act, and shall
7specifically include all agencies and entities made subject to
8such Act by any State statute.
9    (c) "Historic resource" means any property which is either
10publicly 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;

 

 

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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
12the effect of a State undertaking on an historic resource.
13    (f) "Undertaking" means any project, activity, or program
14that can result in changes in the character or use of historic
15property, if any historic property is located in the area of
16potential effects. The project, activity or program shall be
17under the direct or indirect jurisdiction of a State agency or
18licensed or assisted by a State agency. An undertaking
19includes, 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.

 

 

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1    (g) "Committee" means the Historic Preservation Mediation
2Committee.
3    (h) "Feasible" means capable of being accomplished in a
4successful manner within a reasonable period of time, taking
5into account economic, environmental, social, and
6technological factors.
7    (i) "Private undertaking" means any undertaking that does
8not receive public funding or is not on public lands.
9    (j) "High probability area" means any occurrence of Cahokia
10Alluvium, Carmi Member of the Equality Formation, Grayslake
11Peat, Parkland Sand, Peyton Colluvium, the Batavia Member of
12the Henry Formation, or the Mackinaw Member, as mapped by
13Lineback et al. (1979) at a scale of 1-500,000 within permanent
14stream 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
25and prior to the approval of the final design or plan of any

 

 

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1undertaking by a State agency, or prior to the funding of any
2undertaking by a State agency, or prior to an action of
3approval or entitlement of any private undertaking by a State
4agency, written notice of the project shall be given to the
5Director either by the State agency or the recipients of its
6funds, permits or licenses. The State agency shall consult with
7the Director to determine the documentation requirements
8necessary for identification and treatment of historic
9resources. For the purposes of identification and evaluation of
10historic resources, the Director may require archaeological
11and historic investigations. Responsibility for notice and
12documentation may be delegated by the State agency to a local
13or private designee.
14    (b) Within 30 days after receipt of complete and correct
15documentation of a proposed undertaking, the Director shall
16review and comment to the agency on the likelihood that the
17undertaking will have an adverse effect on a historic resource.
18In the case of a private undertaking, the Director shall, not
19later than 30 days following the receipt of an application with
20complete documentation of the undertaking, either approve that
21application allowing the undertaking to proceed or tender to
22the applicant a written statement setting forth the reasons for
23the requirement of an archaeological investigation. If there is
24no action within 30 days after the filing of the application
25with the complete documentation of the undertaking, the
26applicant may deem the application approved and may proceed

 

 

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1with the undertaking. Thereafter, all requirements for
2archaeological investigations are waived under this Act.
3    (c) If the Director finds that an undertaking will
4adversely affect an historic resource or is inconsistent with
5agency policies, the State agency shall consult with the
6Director and shall discuss alternatives to the proposed
7undertaking which could eliminate, minimize, or mitigate its
8adverse effect. During the consultation process, the State
9agency shall explore all feasible and prudent plans which
10eliminate, minimize, or mitigate adverse effects on historic
11resources. Grantees, permittees, licensees, or other parties
12in interest and representatives of national, State, and local
13units of government and public and private organizations may
14participate in the consultation process. The process may
15involve on-site inspections and public informational meetings
16pursuant to regulations issued by the Department of Natural
17Resources Historic Preservation Agency.
18    (d) The State agency and the Director may agree that there
19is a feasible and prudent alternative which eliminates,
20minimizes, or mitigates the adverse effect of the undertaking.
21Upon such agreement, or if the State agency and the Director
22agree that there are no feasible and prudent alternatives which
23eliminate, minimize, or mitigate the adverse effect, the
24Director shall prepare a Memorandum of Agreement describing the
25alternatives or stating the finding. The State agency may
26proceed with the undertaking once a Memorandum of Agreement has

 

 

HB5686- 53 -LRB100 17792 SLF 32971 b

1been signed by both the State agency and the Director.
2    (e) After the consultation process, the Director and the
3State agency may fail to agree on the existence of a feasible
4and prudent alternative which would eliminate, minimize, or
5mitigate the adverse effect of the undertaking on the historic
6resource. If no agreement is reached, the agency shall call a
7public meeting in the county where the undertaking is proposed
8within 60 days. If, within 14 days following conclusion of the
9public meeting, the State agency and the Director fail to agree
10on a feasible and prudent alternative, the proposed
11undertaking, with supporting documentation, shall be submitted
12to the Historic Preservation Mediation Committee. The document
13shall be sufficient to identify each alternative considered by
14the Agency and the Director during the consultation process and
15the reason for its rejection.
16    (f) The Mediation Committee shall consist of the Director
17and 5 persons appointed by the Director for terms of 3 years
18each, each of whom shall be no lower in rank than a division
19chief and each of whom shall represent a different State
20agency. An agency that is a party to mediation shall be
21notified of all hearings and deliberations and shall have the
22right to participate in deliberations as a non-voting member of
23the Committee. Within 30 days after submission of the proposed
24undertaking, the Committee shall meet with the Director and the
25submitting agency to review each alternative considered by the
26State agency and the Director and to evaluate the existence of

 

 

HB5686- 54 -LRB100 17792 SLF 32971 b

1a feasible and prudent alternative. In the event that the
2Director and the submitting agency continue to disagree, the
3Committee shall provide a statement of findings or comments
4setting forth an alternative to the proposed undertaking or
5stating the finding that there is no feasible or prudent
6alternative. The State agency shall consider the written
7comments of the Committee and shall respond in writing to the
8Committee before proceeding with the undertaking.
9    (g) When an undertaking is being reviewed pursuant to
10Section 106 of the National Historic Preservation Act of 1966,
11the procedures of this law shall not apply and any review or
12comment by the Director on such undertaking shall be within the
13framework or procedures of the federal law. This subsection
14shall not prevent the Department of Natural Resources Illinois
15Historic Preservation Agency from entering into an agreement
16with the Advisory Council on Historic Preservation pursuant to
17Section 106 of the National Historic Preservation Act to
18substitute this Act and its procedures for procedures set forth
19in Council regulations found in 36 C.F.R. Part 800.7. A State
20undertaking that is necessary to prevent an immediate and
21imminent threat to life or property shall be exempt from the
22requirements of this Act. Where possible, the Director shall be
23consulted in the determination of the exemption. In all cases,
24the agency shall provide the Director with a statement of the
25reasons for the exemption and shall have an opportunity to
26comment on the exemption. The statement and the comments of the

 

 

HB5686- 55 -LRB100 17792 SLF 32971 b

1Director shall be included in the annual report of the
2Department of Natural Resources Historic Preservation Agency
3as a guide to future actions. The provisions of this Act do not
4apply to undertakings pursuant to the Illinois Oil and Gas Act,
5the Surface-Mined Land Conservation and Reclamation Act and the
6Surface 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
10Resources Historic Preservation Agency, Division of Historic
11Preservation Services.
12    (a) The Director shall include in the Department's Agency's
13annual report an outline of State agency actions on which
14comment was requested or issued under this Act.
15    (b) The Director shall maintain a current list of all
16historic resources owned, operated, or leased by the State and
17appropriate maps indicating the location of all such resources.
18These maps shall be in a form available to the public and State
19agencies, except that the location of archaeological resources
20shall be excluded.
21    (c) The Director shall make rules and issue appropriate
22guidelines to implement this Act. These shall include, but not
23be limited to, regulations for holding on-site inspections,
24public information meetings and procedures for consultation,
25mediation, and resolutions by the Committee pursuant to

 

 

HB5686- 56 -LRB100 17792 SLF 32971 b

1subsections (e) and (f) of Section 4.
2    (d) The Director shall (1) assist, to the fullest extent
3possible, the State agencies in their identification of
4properties for inclusion in an inventory of historic resources,
5including provision of criteria for evaluation; (2) provide
6information concerning professional methods and techniques for
7preserving, improving, restoring, and maintaining historic
8resources when requested by State agencies; and (3) help
9facilitate State agency compliance with this Act.
10    (e) The Director shall monitor the implementation of
11actions of each State agency which have an effect, either
12adverse or beneficial, on an historic resource.
13    (f) The Department of Natural Resources Agency shall manage
14and control the preservation, conservation, inventory, and
15analysis of fine and decorative arts, furnishings, and
16artifacts of the Illinois Executive Mansion in Springfield, the
17Governor's offices in the Capitol in Springfield and the James
18R. Thompson Center in Chicago, and the Hayes House in DuQuoin.
19The Department of Natural Resources Agency shall manage the
20preservation and conservation of the buildings and grounds of
21the Illinois Executive Mansion in Springfield. The Governor
22shall appoint a Curator of the Executive Mansion, with the
23advice and consent of the Senate, to assist the Department of
24Natural Resources Agency in carrying out the duties under this
25item (f). The person appointed Curator must have experience in
26historic preservation or as a curator. The Curator shall serve

 

 

HB5686- 57 -LRB100 17792 SLF 32971 b

1at the pleasure of the Governor. The Governor shall determine
2the compensation of the Curator, which shall not be diminished
3during 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
6changing 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
10reconstructed under the "1961 Act" in Springfield and includes
11space also occupied by the Abraham Lincoln Presidential Library
12and Museum and an underground parking garage. ;
13    (b) "1961 Act" means "An Act providing for the
14reconstruction and restoration of the old State Capitol at
15Springfield and providing for the custody thereof", approved
16August 24, 1961, as amended. ;
17    (c) (Blank). "Board of Trustees" means the Board of
18Trustees of the Historic Preservation Agency.
19    (d) "Department" means the Department of Natural
20Resources.
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

 

 

HB5686- 58 -LRB100 17792 SLF 32971 b

1jurisdiction and custody of, and shall maintain and operate,
2the Old State Capitol Complex and shall succeed to all rights,
3powers, duties and liabilities of the Department of
4Conservation under the "1961 Act" or under any lease or
5contract relating to the Old State Capitol Complex to which the
6Department 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
10rules and regulations for the use and operation of the Old
11State Capitol Complex. Such rules and regulations shall provide
12that such complex will be open at all reasonable hours to the
13public and may provide for the holding of such lectures,
14pageants or similar special events and the sale of such
15merchandise as will help interpret the historical significance
16of the Old State Capitol to the public.
17(Source: P.A. 77-135.)
 
18    Section 55. The Archaeological and Paleontological
19Resources Protection Act is amended by changing Sections 1, 3,
203.1, 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
23exclusive right and privilege of regulating, exploring,

 

 

HB5686- 59 -LRB100 17792 SLF 32971 b

1excavating or surveying, through the Department of Natural
2Resources Historic Preservation Agency, all archaeological and
3paleontological resources found upon or within any public
4lands.
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
8himself or through an agent, to explore, excavate or collect
9any of the archaeological or paleontological resources
10protected by this Act, unless such person obtains a permit
11issued by the Department of Natural Resources Historic
12Preservation Agency.
13    (b) It is unlawful for any person, either by himself or
14through an agent, to knowingly disturb any archaeological or
15paleontological resource protected under this Act.
16    (c) It is unlawful for any person, either by himself or
17through an agent, to offer any object for sale or exchange with
18the knowledge that it has been previously collected or
19excavated 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
23violation of Section 3 is alleged to have occurred, or the
24Attorney General, may be requested by the Director of Natural

 

 

HB5686- 60 -LRB100 17792 SLF 32971 b

1Resources the Historic Preservation Agency to initiate
2criminal prosecutions or to seek civil damages, injunctive
3relief and any other appropriate relief. The Department of
4Natural Resources Historic Preservation Agency shall cooperate
5with the State's Attorney or the Attorney General. Persons
6aware of any violation of this Act shall contact the Department
7of 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
11Preservation Agency is authorized to offer a reward of up to
12$2,000 for information leading to the arrest and conviction of
13persons 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
17disturbance of human skeletal remains is a Class A misdemeanor
18and the violator shall be subject to imprisonment and a fine
19not in excess of $5,000; any subsequent violation is a Class 4
20felony. Any violation of Section 3 involving disturbance of
21human skeletal remains is a Class 4 felony. Each disturbance of
22an archaeological site or a paleontological site shall
23constitute a single offense. Persons convicted of a violation
24of Section 3 shall also be liable for civil damages to be

 

 

HB5686- 61 -LRB100 17792 SLF 32971 b

1assessed by the land managing agency and the Department of
2Natural Resources Historic Preservation Agency. Civil damages
3may include:
4    (a) forfeiture of any and all equipment used in acquiring
5the protected material;
6    (b) any and all costs incurred in cleaning, restoring,
7analyzing, accessioning and curating the recovered materials;
8    (c) any and all costs associated with restoring the land to
9its original contour;
10    (d) any and all costs associated with recovery of data and
11analyzing, publishing, accessioning and curating materials
12when the prohibited activity is so extensive as to preclude the
13restoration of the archaeological or paleontological site;
14    (e) any and all costs associated with the determination and
15collection of the civil damages.
16    When civil damages are recovered through the Attorney
17General, the proceeds shall be deposited into the Historic
18Sites Fund; when civil damages are recovered through the
19State's Attorney, the proceeds shall be deposited into the
20county 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
24Preservation Agency, in consultation with the various State
25agencies owning or managing land for the use of the State of

 

 

HB5686- 62 -LRB100 17792 SLF 32971 b

1Illinois, shall develop regulations whereby permits may be
2issued for exploration or excavation of archaeological and
3paleontological resources. These permits shall be issued by the
4Department of Natural Resources Historic Preservation Agency
5after consultation with the head of the land managing agency.
6    (b) Permits to any person or entity other than the State of
7Illinois shall be issued in accordance with regulations which
8shall be promulgated by the Department of Natural Resources
9Historic Preservation Agency.
10    (c) Each permit shall specify all terms and conditions
11under which the investigation shall be carried out, including,
12but not limited to, location and nature of the investigation
13and plans for analysis and publication of the results. Upon
14completion of the project, the permit holder shall report its
15results to the Department of Natural Resources Historic
16Preservation 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
20property of the State and are managed by the Illinois State
21Museum. The Illinois State Museum, in consultation with the
22Department of Natural Resources Historic Preservation Agency,
23is authorized to establish long-term curation agreements with
24universities, museums and other organizations.
25(Source: P.A. 86-459; 86-707.)
 

 

 

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1    (20 ILCS 3435/8)  (from Ch. 127, par. 133c8)
2    Sec. 8. (a) The Illinois State Museum shall be exempt from
3the permit requirements established by this Act for lands under
4its direct management but shall register that exploration with
5the Department of Natural Resources Historic Preservation
6Agency; such registration shall include the information
7required under subsection (c) of Section 6.
8    (b) Any agency or department of the State of Illinois which
9has on its staff a professional archaeologist or paleontologist
10who meets the minimum qualifications established in Section 9
11and which has in effect a memorandum of agreement with the
12Department of Natural Resources Historic Preservation Agency
13for the protection, preservation and management of
14archaeological and paleontological resources shall be exempt
15from the permit requirements established by this Act.
16    (c) Activities reviewed by the Department of Natural
17Resources Historic Preservation Agency pursuant to Section 106
18of the National Historic Preservation Act (16 U.S.C. 470f)
19shall be exempt from these permitting requirements.
20    (d) Where a local government's activities are funded in
21whole or in part by a State agency and the funded activities
22are supervised or controlled by the State agency, the local
23government shall be exempt from the permit requirements
24established by this Act to the same extent that the State
25agency is exempt. The State agency shall be responsible for

 

 

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1undertaking or causing to be undertaken any steps necessary to
2comply with this Act for those local government actions so
3exempted.
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
7Preservation Agency shall, through rulemaking, establish
8minimum standards of education and experience for an
9archaeologist or paleontologist to qualify as a professional
10for the purpose of conducting activities for which a permit is
11required.
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
15Department of Natural Resources Historic Preservation Agency,
16shall develop and maintain files containing information on
17known archaeological and paleontological sites in the State,
18whether on State controlled or privately owned property. The
19Department of Natural Resources Historic Preservation Agency
20shall ensure the safety of those sites by promulgating
21regulations 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)

 

 

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1    Sec. 11. The Department of Natural Resources Historic
2Preservation Agency, in consultation with other State agencies
3and Departments that own or control land, shall promulgate such
4regulations as may be necessary to carry out the purposes of
5this Act.
6(Source: P.A. 86-459; 86-707.)
 
7    Section 60. The Human Skeletal Remains Protection Act is
8amended by changing Sections 3, 4, 5, 8, 9, 13, 14, 15, and 16
9as follows:
 
10    (20 ILCS 3440/3)  (from Ch. 127, par. 2663)
11    Sec. 3. Any person who discovers human skeletal remains
12subject to this Act shall promptly notify the coroner. Any
13person who knowingly fails to report such a discovery within 48
14hours is guilty of a Class C misdemeanor, unless such person
15has reasonable cause to believe that the coroner had already
16been so notified. If the human skeletal remains appear to be
17from an unregistered grave, the coroner shall promptly notify
18the Department of Natural Resources Historic Preservation
19Agency prior to their removal. Nothing in this Act shall be
20construed to apply to human skeletal remains subject to "An Act
21to revise the law in relation to coroners".
22(Source: P.A. 86-151.)
 
23    (20 ILCS 3440/4)  (from Ch. 127, par. 2664)

 

 

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1    Sec. 4. It is unlawful for any person, either by himself or
2through an agent, to knowingly disturb human skeletal remains
3and grave artifacts in unregistered graves protected by this
4Act unless such person obtains a permit issued by the
5Department 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
9through an agent, to knowingly disturb a grave marker protected
10by this Act unless such person obtains a permit issued by the
11Department 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
15violation of Sections 4, 5, 6, or 7 of this Act is alleged to
16have occurred, or the Attorney General, may be requested by the
17Director of Natural Resources the Historic Preservation Agency
18to initiate criminal prosecutions or to seek civil damages,
19injunctive relief and any other appropriate relief. The
20Department of Natural Resources Historic Preservation Agency
21shall co-operate with the State's Attorney or the Attorney
22General. Persons aware of any violations of this Act shall
23contact the Department of Natural Resources Historic
24Preservation Agency.

 

 

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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
4Preservation Agency is authorized to offer a reward of up to
5$2000 for information leading to the arrest and conviction of
6persons 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
10Preservation Agency shall develop regulations, in consultation
11with the Illinois State Museum, whereby permits may be issued
12for the removal of human skeletal remains and grave artifacts
13from unregistered graves or the removal of grave markers.
14    (b) Each permit shall specify all terms and conditions
15under which the removal of human skeletal remains, grave
16artifacts, or grave markers shall be carried out. All costs
17accrued in the removal of the aforementioned materials shall be
18borne by the permit applicant. Upon completion of the project,
19the permit holder shall submit a report of the results to the
20Department 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

 

 

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1unregistered graves are held in trust for the people of
2Illinois by the State and are under the jurisdiction of the
3Department of Natural Resources Historic Preservation Agency.
4All materials collected under this Act shall be maintained,
5with dignity and respect, for the people of the State under the
6care 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
10Preservation Agency shall promulgate such regulations as may be
11necessary 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
15Resources Historic Preservation Agency pursuant to Section 106
16of the National Historic Preservation Act (16 U.S.C. 470f) and
17activities permitted pursuant to the Federal Surface Mining
18Control and Reclamation Act of 1977 (P.L. 95-87), or the rules
19and regulations promulgated thereunder or any law, rule or
20regulation adopted by the State of Illinois thereunder shall be
21exempt from these permitting requirements.
22(Source: P.A. 86-151.)
 
23    Section 65. The Abraham Lincoln Presidential Library and

 

 

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1Museum Act is amended by changing Sections 30 and 60 as
2follows:
 
3    (20 ILCS 3475/30)
4    Sec. 30. Administration of the Agency. The Agency shall be
5under the supervision and direction of an Executive Director.
6The person serving on the effective date of this Act as Library
7Director, as defined in Section 33 of the Historic Preservation
8Agency Act, shall become the inaugural Executive Director on
9the effective date of this Act and shall serve as Executive
10Director until the expiration of his then-current term as
11Library Director. Thereafter, the Board shall appoint the
12Executive Director with the advice and consent of the Senate.
13The Executive Director shall serve at the pleasure of the Board
14for a term of 4 years. The Executive Director shall, subject to
15applicable provisions of law, execute and discharge the powers
16and duties of the Agency. The Executive Director shall have
17hiring power and shall appoint (a) a Library Facilities
18Operations Director; and (b) a Director of the Library. The
19Executive Director shall appoint those other employees of the
20Agency as he or she deems appropriate and shall fix the
21compensation of the Library Facilities Operations Director,
22the Director of the Library and other employees. The Executive
23Director may make provision to establish and collect admission
24and registration fees, operate a gift shop, and publish and
25sell educational and informational materials.

 

 

HB5686- 70 -LRB100 17792 SLF 32971 b

1(Source: P.A. 100-120, eff. 8-18-17.)
 
2    (20 ILCS 3475/60)
3    Sec. 60. Separation from the Historic Preservation Agency.
4On the effective date of this Act, all of the powers, duties,
5assets, liabilities, employees, contracts, property (real and
6personal), including any items formerly contained in the
7Illinois State Historical Library now presently held in the
8Abraham Lincoln Presidential Library and Museum, records,
9pending business, and unexpended appropriations of the
10Historic Preservation Agency related to the administration and
11enforcement of Sections 17, 32, and 33 of the Historic
12Preservation Agency Act are transferred to the Agency created
13under this Act. The status and rights of the transferred
14employees, and the rights of the State of Illinois and its
15agencies, under the Personnel Code and applicable collective
16bargaining agreements or under any pension, retirement, or
17annuity plan are not affected (except as provided in Sections
1814-110 and 18-127 of the Illinois Pension Code) by that
19transfer 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
22is amended by changing Sections 10 and 20 as follows:
 
23    (20 ILCS 4003/10)

 

 

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1    Sec. 10. Mississippi River Coordinating Council.
2    (a) There is established the Mississippi River
3Coordinating Council (Council), consisting of 16 voting
4members to be appointed by the Governor. One member shall be
5the Lieutenant Governor who shall serve as a voting member and
6as chairperson of the Council. The agency members of the
7Council shall include the Directors, or their designees, of the
8following: the Department of Agriculture, the Department of
9Commerce and Economic Opportunity, the Illinois Environmental
10Protection Agency, the Department of Natural Resources, the
11Historic Preservation Agency, and the Department of
12Transportation. In addition, the Council shall include one
13member representing Soil and Water Conservation Districts
14located in the proximity of the Mississippi River and its
15tributaries, and 8 members representing local communities,
16not-for-profit organizations working to protect the
17Mississippi River and its tributaries, businesses,
18agriculture, recreation, conservation, and the environment, 2
19of which must reside within a county that is adjacent to the
20Mississippi River.
21    (b) The Governor may appoint, as ex-officio members,
22individuals representing the interests of the states who border
23the Mississippi River and individuals representing federal
24agencies.
25    (c) Members of the Council shall serve 2-year terms, except
26that of the initial appointments, 5 members shall be appointed

 

 

HB5686- 72 -LRB100 17792 SLF 32971 b

1to 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
4responsible for the operations of the Council, including,
5without limitation, funding and oversight of the Council's
6activities. The Office may reimburse members of the Council for
7travel expenses.
8    (f) This Section is subject to the provisions of Section
9405-500 of the Department of Central Management Services Law.
10    (g) The members of the Council shall appoint one member of
11the Council to serve as the Illinois representative to the
12National 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
16Council shall provide to the Council, on request, information
17concerning agency programs, data, and activities that impact
18the restoration and preservation of the Mississippi River and
19its tributaries. The Secretary of Transportation, the Director
20of Agriculture, the Director of the Environmental Protection
21Agency, the Director of Historic Preservation, the Director of
22Natural Resources, and the Director of Commerce and Economic
23Opportunity shall each designate at least one employee from his
24or her respective agency to assist the Council.
25(Source: P.A. 97-178, eff. 7-22-11.)
 

 

 

HB5686- 73 -LRB100 17792 SLF 32971 b

1    Section 75. The Task Force on Inventorying Employment
2Restrictions 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,
6boards, and commissions: Department on Aging, Department of
7Agriculture, Office of Appellate Defender, Office of the
8State's Attorneys Appellate Prosecutor, Illinois Arts Council,
9Office of the Attorney General, Auditor General, Capital
10Development Board, Department of Central Management Services,
11Department of Children and Family Services, Civil Service
12Commission, Illinois Department of Commerce and Economic
13Opportunity, Illinois Commerce Commission, Illinois Community
14College Board, State of Illinois Comprehensive Health
15Insurance Plan, Office of the Comptroller, Department of
16Corrections, Criminal Justice Information Authority, Illinois
17Council on Developmental Disabilities, Illinois Deaf and Hard
18of Hearing Commission, Commission on Discrimination and Hate
19Crimes, State Board of Education, Illinois Educational Labor
20Relations Board, State Board of Elections, Illinois Emergency
21Management Agency, Department of Employment Security,
22Environmental Protection Agency, Illinois State Fair, Illinois
23Finance Authority, Department of Financial and Professional
24Regulation, Office of the First Lady, Illinois Gaming Board,

 

 

HB5686- 74 -LRB100 17792 SLF 32971 b

1Office of the Governor, Guardianship and Advocacy Commission,
2Department of Healthcare and Family Services, Board of Higher
3Education, Historic Preservation Agency, Illinois Housing
4Development Authority, Illinois Human Rights Commission,
5Department of Human Rights, Department of Human Services,
6Illinois State Board of Investment, Department of Juvenile
7Justice, Office of the Lieutenant Governor, Department of
8Labor, Illinois Labor Relations Board, Illinois Law
9Enforcement Training Standards Board, Illinois Liquor Control
10Commission, Illinois Lottery, Governor's Office of Management
11and Budget, Illinois Medical District Commission, Department
12of Military Affairs, Department of Natural Resources,
13Pollution Control Board, Prairie State 2000 Authority,
14Property Tax Appeal Board, Department of Public Health,
15Illinois Prisoner Review Board, Illinois Racing Board,
16Department of Revenue, Office of the Secretary of State, State
17Fire Marshal, Illinois State Police, State Police Merit Board,
18State Retirement Systems, Office of the State Treasurer, State
19Universities Civil Service System, State Universities
20Retirement System, Illinois Student Assistance Commission,
21Illinois Supreme Court, Illinois Teachers' Retirement System,
22Illinois State Toll Highway Authority, Department of
23Transportation, Department of Veterans' Affairs, Governor's
24Office of Women's Affairs, and Illinois Workers' Compensation
25Commission.
26(Source: P.A. 100-143, eff. 1-1-18.)
 

 

 

HB5686- 75 -LRB100 17792 SLF 32971 b

1    Section 80. The Heritage Preservation Act is amended by
2changing Section 3 as follows:
 
3    (30 ILCS 145/3)  (from Ch. 127, par. 2653)
4    Sec. 3. (a) There is created the Heritage Preservation
5Fund, a special fund in the State Treasury.
6    (b) The Department of Natural Resources Historic
7Preservation Agency shall deposit any donations received for
8heritage preservation purposes in the Heritage Preservation
9Fund.
10    (c) The General Assembly may appropriate monies from the
11Heritage Preservation Fund to the Department of Natural
12Resources Historic Preservation Agency for the purposes of
13identifying, purchasing, restoring, preserving, protecting,
14collecting and interpreting the cultural and historical
15resources 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
18Section 2 as follows:
 
19    (30 ILCS 160/2)  (from Ch. 127, par. 4002)
20    Sec. 2. (a) The Department of Agriculture and , the
21Department of Natural Resources, and the Historic Preservation
22Agency have the power to enter into a trust agreement with a

 

 

HB5686- 76 -LRB100 17792 SLF 32971 b

1person or group of persons under which the State agency may
2receive or collect money or other property from the person or
3group of persons and may expend such money or property solely
4for a public purpose within the powers and duties of that State
5agency and stated in the trust agreement. The State agency
6shall be the trustee under any such trust agreement.
7    (b) Money or property received under a trust agreement
8shall not be deposited in the State treasury and is not subject
9to appropriation by the General Assembly, but shall be held and
10invested by the trustee separate and apart from the State
11treasury. The trustee shall invest money or property received
12under a trust agreement as provided for trustees under the
13Trusts and Trustees Act or as otherwise provided in the trust
14agreement.
15    (c) The trustee shall maintain detailed records of all
16receipts and disbursements in the same manner as required for
17trustees under the Trusts and Trustees Act. The trustee shall
18provide an annual accounting of all receipts, disbursements,
19and inventory to all donors to the trust and the Auditor
20General. The annual accounting shall be made available to any
21member 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
24Section 1-3 as follows:
 

 

 

HB5686- 77 -LRB100 17792 SLF 32971 b

1    (30 ILCS 750/1-3)  (from Ch. 127, par. 2701-3)
2    Sec. 1-3. The following agencies, boards and entities of
3State government may expend appropriations for the purposes
4contained in this Act: Department of Natural Resources;
5Department of Agriculture; Illinois Finance Authority; Capital
6Development Board; Department of Transportation; Department of
7Central Management Services; Illinois Arts Council;
8Environmental Protection Agency; Historic Preservation Agency;
9State Board of Higher Education; the Metropolitan Pier and
10Exposition Authority; State Board of Education; Illinois
11Community College Board; Board of Trustees of the University of
12Illinois; Board of Trustees of Chicago State University; Board
13of Trustees of Eastern Illinois University; Board of Trustees
14of Governors State University; Board of Trustees of Illinois
15State University; Board of Trustees of Northeastern Illinois
16University; Board of Trustees of Northern Illinois University;
17Board of Trustees of Western Illinois University; and Board of
18Trustees 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
21changing Section 221 as follows:
 
22    (35 ILCS 5/221)
23    Sec. 221. Rehabilitation costs; qualified historic
24properties; River Edge Redevelopment Zone.

 

 

HB5686- 78 -LRB100 17792 SLF 32971 b

1    (a) For taxable years beginning on or after January 1, 2012
2and ending prior to January 1, 2022, there shall be allowed a
3tax credit against the tax imposed by subsections (a) and (b)
4of Section 201 in an amount equal to 25% of qualified
5expenditures incurred by a qualified taxpayer during the
6taxable year in the restoration and preservation of a qualified
7historic structure located in a River Edge Redevelopment Zone
8pursuant to a qualified rehabilitation plan, provided that the
9total amount of such expenditures (i) must equal $5,000 or more
10and (ii) must exceed 50% of the purchase price of the property.
11    (b) To obtain a tax credit pursuant to this Section, the
12taxpayer must apply with the Department of Commerce and
13Economic Opportunity. The Department of Commerce and Economic
14Opportunity, in consultation with the Department of Natural
15Resources Historic Preservation Agency, shall determine the
16amount of eligible rehabilitation costs and expenses. The
17Department of Natural Resources Historic Preservation Agency
18shall determine whether the rehabilitation is consistent with
19the standards of the Secretary of the United States Department
20of the Interior for rehabilitation. Upon completion and review
21of the project, the Department of Commerce and Economic
22Opportunity shall issue a certificate in the amount of the
23eligible credits. At the time the certificate is issued, an
24issuance fee up to the maximum amount of 2% of the amount of
25the credits issued by the certificate may be collected from the
26applicant to administer the provisions of this Section. If

 

 

HB5686- 79 -LRB100 17792 SLF 32971 b

1collected, this issuance fee shall be deposited into the
2Historic Property Administrative Fund, a special fund created
3in the State treasury. Subject to appropriation, moneys in the
4Historic Property Administrative Fund shall be evenly divided
5between the Department of Commerce and Economic Opportunity and
6the Department of Natural Resources Historic Preservation
7Agency to reimburse the Department of Commerce and Economic
8Opportunity and the Department of Natural Resources Historic
9Preservation Agency for the costs associated with
10administering this Section. The taxpayer must attach the
11certificate to the tax return on which the credits are to be
12claimed. The Department of Commerce and Economic Opportunity
13may adopt rules to implement this Section.
14    (c) The tax credit under this Section may not reduce the
15taxpayer's liability to less than zero.
16    (d) As used in this Section, the following terms have the
17following meanings.
18    "Qualified expenditure" means all the costs and expenses
19defined as qualified rehabilitation expenditures under Section
2047 of the federal Internal Revenue Code that were incurred in
21connection with a qualified historic structure.
22    "Qualified historic structure" means a certified historic
23structure as defined under Section 47(c)(3) of the federal
24Internal Revenue Code.
25    "Qualified rehabilitation plan" means a project that is
26approved by the Department of Natural Resources Historic

 

 

HB5686- 80 -LRB100 17792 SLF 32971 b

1Preservation Agency as being consistent with the standards in
2effect on the effective date of this amendatory Act of the 97th
3General Assembly for rehabilitation as adopted by the federal
4Secretary of the Interior.
5    "Qualified taxpayer" means the owner of the qualified
6historic structure or any other person who qualifies for the
7federal rehabilitation credit allowed by Section 47 of the
8federal Internal Revenue Code with respect to that qualified
9historic structure. Partners, shareholders of subchapter S
10corporations, and owners of limited liability companies (if the
11limited liability company is treated as a partnership for
12purposes of federal and State income taxation) are entitled to
13a credit under this Section to be determined in accordance with
14the determination of income and distributive share of income
15under Sections 702 and 703 and subchapter S of the Internal
16Revenue Code, provided that credits granted to a partnership, a
17limited liability company taxed as a partnership, or other
18multiple owners of property shall be passed through to the
19partners, members, or owners respectively on a pro rata basis
20or pursuant to an executed agreement among the partners,
21members, or owners documenting any alternate distribution
22method.
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
25Program Act is amended by changing Sections 5, 15, and 30 as

 

 

HB5686- 81 -LRB100 17792 SLF 32971 b

1follows:
 
2    (35 ILCS 30/5)
3    Sec. 5. Definitions. As used in this Section, unless the
4context clearly indicates otherwise:
5    (a) (Blank). "Agency" means the Historic Preservation
6Agency.
7    (b) "Department" means the Department of Commerce and
8Economic Opportunity.
9    (c) "Qualified expenditures" means all the costs and
10expenses defined as qualified rehabilitation expenditures
11under Section 47 of the federal Internal Revenue Code which
12were incurred in connection with a qualified historic
13structure.
14    (d) "Qualified historic structure" means a hotel that is
15located in the City of Peoria and that is defined as a
16certified historic structure under Section 47 (c)(3) of the
17federal Internal Revenue Code.
18    (e) "Qualified rehabilitation plan" means a project that is
19approved by the Department of Natural Resources Agency as being
20consistent with the standards in effect on the effective date
21of this Act for rehabilitation as adopted by the federal
22Secretary of the Interior.
23    (f) "Qualified taxpayer" means the owner of the qualified
24historic structure or any other person who may qualify for the
25federal rehabilitation credit allowed by Section 47 of the

 

 

HB5686- 82 -LRB100 17792 SLF 32971 b

1federal Internal Revenue Code. If the taxpayer is (i) a
2corporation having an election in effect under Subchapter S of
3the federal Internal Revenue Code, (ii) a partnership, or (iii)
4a limited liability company, the credit provided under this Act
5may be claimed by the shareholders of the corporation, the
6partners of the partnership, or the members of the limited
7liability company in the same manner as those shareholders,
8partners, or members account for their proportionate shares of
9the income or losses of the corporation, partnership, or
10limited liability company, or as provided in the by-laws or
11other executed agreement of the corporation, partnership, or
12limited liability company. Credits granted to a partnership, a
13limited liability company taxed as a partnership, or other
14multiple owners of property shall be passed through to the
15partners, members, or owners respectively on a pro rata basis
16or pursuant to an executed agreement among the partners,
17members, or owners documenting any alternate distribution
18method.
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
22Section 25 of this Act, for taxable years beginning on or after
23January 1, 2010 and ending on or before December 31, 2015,
24there shall be allowed a tax credit against the tax imposed by
25subsections (a) and (b) of Section 201 of the Illinois Income

 

 

HB5686- 83 -LRB100 17792 SLF 32971 b

1Tax Act in an amount equal to 25% of qualified expenditures
2incurred by a qualified taxpayer during the taxable year in the
3restoration and preservation of a qualified historic structure
4pursuant to a qualified rehabilitation plan, provided that the
5total amount of such expenditures (i) must equal $5,000 or
6more, and (ii) must exceed 50% of the purchase price of the
7property. If the amount of any tax credit awarded under this
8Act exceeds the qualified taxpayer's income tax liability for
9the year in which the qualified rehabilitation plan was placed
10in service, the excess amount may be carried forward for
11deduction from the taxpayer's income tax liability in the next
12succeeding year or years until the total amount of the credit
13has been used, except that a credit may not be carried forward
14for deduction after the tenth taxable year after the taxable
15year in which the qualified rehabilitation plan was placed in
16service. To obtain a tax credit pursuant to this Act, an
17application must be made to the Department no later than 6
18months after the effective date of this Act. The Department, in
19consultation with the Department of Natural Resources Agency,
20shall determine the amount of eligible rehabilitation costs and
21expenses. The Department of Natural Resources Agency shall
22determine whether the rehabilitation is consistent with the
23standards of the Secretary of the United States Department of
24the Interior for rehabilitation. Upon completion and review of
25the project, the Department shall issue a certificate in the
26amount of the eligible credits. At the time the certificate is

 

 

HB5686- 84 -LRB100 17792 SLF 32971 b

1issued, an issuance fee up to the maximum amount of 2% of the
2amount of the credits issued by the certificate may be
3collected from the applicant to administer the Act. If
4collected, this issuance fee shall be evenly divided between
5the Department and the Department of Natural Resources Agency.
6The taxpayer must attach the certificate to the tax return on
7which 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
11Natural Resources Agency shall promulgate rules and
12regulations 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
15Sections 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
18to carry out the purpose of this Division and in addition to
19any other powers, duties and functions vested in museum
20districts by law, but subject to limitations and restrictions
21imposed elsewhere by this Division or other law, a museum
22district is authorized and empowered:
23    (a) To adopt bylaws, adopt and use a common seal, enter

 

 

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1into contracts, acquire and hold real and personal property and
2take such other actions as may be necessary for the proper
3conduct of its affairs.
4    (b) To make and publish all ordinances, rules and
5regulations necessary for the management and protection of its
6property and the conduct of its affairs.
7    (c) To study and ascertain the museum district artifacts
8and other materials, the need for preserving such resources and
9providing such facilities and the extent to which such needs
10are currently being met, and to prepare and adopt coordinated
11plans to meet such needs.
12    (d) To acquire by gift, devise, purchase, lease, agreement
13or otherwise the fee or any lessor right or interest in real
14and personal property, and to hold the same with public access
15for those who wish to examine or study it. The museum district
16may accept the transfer of any real or personal property owned
17or controlled by the State of Illinois, the county board, or
18the governing body of any municipality, district or public
19corporation and not devoted or dedicated to any other
20inconsistent public use. In acquiring or accepting land or
21rights thereto, the museum district shall give due
22consideration to its historical value or county significance,
23and no real property shall be acquired or accepted which in the
24opinion of the museum district and the Illinois State Museum is
25of low value as to its proposed use.
26    (e) To acquire any or all interest in real or personal

 

 

HB5686- 86 -LRB100 17792 SLF 32971 b

1property by a contract for purchase providing for payment in
2installments over a period not to exceed 10 years with interest
3on the unpaid balance owing not to exceed an amount calculated
4pursuant to the provisions of "An Act to authorize public
5corporations to issue bonds, other evidences of indebtedness
6and tax anticipation warrants subject to interest rate
7limitations set forth therein", approved May 26, 1970, as
8amended. The indebtedness incurred under this subsection when
9aggregated with existing indebtedness may not exceed the debt
10limits provided in Section 5-31016.
11    (f) To classify, designate, plan, develop, preserve,
12administer and maintain all areas and facilities in which it
13has an interest and to construct, reconstruct, alter, renew,
14equip and maintain buildings and other structures. Any work
15performed on any building, appurtenance, structure or area
16listed on the National Register of Historic Places or deemed
17eligible for such listing shall be performed within such
18guidelines as are established by the Department of Natural
19Resources Illinois Historic Preservation Agency.
20    (g) To accept gifts, grants, bequests, contributions and
21appropriations of money and personal property for museum
22district purposes.
23    (h) To employ and fix the compensation of an executive
24officer who shall be responsible to the board for the
25implementation of its policies. The executive officer shall
26have the power, subject to the approval of the board, to employ

 

 

HB5686- 87 -LRB100 17792 SLF 32971 b

1and fix the compensation of such assistants and employees as
2the board may consider necessary for the implementation of this
3Division.
4    (i) To charge and collect reasonable fees for the use of
5such facilities, privileges and conveniences as may be
6provided.
7    (j) To police its property and to exercise police powers in
8respect thereto or in respect to the enforcement of any rule or
9regulation provided by its ordinances.
10    (k) To lease land for a period not longer than 50 years to
11a responsible person, firm, or corporation for construction,
12reconstruction, alteration, development, operation and
13maintenance of buildings, roads, and parking areas. Any work
14performed on any leased building, structure, appurtenances or
15area which is listed on the National Register of Historic
16Places or deemed eligible for such listing shall be performed
17within such guidelines as are established by the Department of
18Natural Resources Illinois Historic Preservation Agency. Upon
19expiration of any lease of land under this subsection, title to
20all structures on the leased land shall be vested in the museum
21district.
22    (l) To lease any building or facility constructed,
23reconstructed, altered, renewed, equipped, furnished,
24extended, developed, and maintained by the museum district to a
25responsible person, firm or corporation for operation or
26development or both, and maintenance for a period not longer

 

 

HB5686- 88 -LRB100 17792 SLF 32971 b

1than 20 years. Development, maintenance or both of any
2building, structures, appurtenances or area which is listed on
3the National Register of Historic Places or deemed eligible for
4such listing shall be performed within such guidelines as are
5established by the Department of Natural Resources Illinois
6Historic Preservation Agency.
7    (m) To make grants to not-for-profit historical clubs,
8organizations 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
12Division shall prohibit the museum district from appropriating
13funds as otherwise provided in this Division for the
14construction, equipment, extension, improvement, operation or
15maintenance of any historical building, monument or marker.
16Provided, however, that any work performed on any historical
17building, monument or marker listed on the National Register of
18Historic Places or deemed eligible for such listing shall be
19conducted within such guidelines as are established by the
20Department of Natural Resources Illinois Historic Preservation
21Agency.
22(Source: P.A. 86-962.)
 
23    Section 110. The Historical Document Preservation Act is
24amended by changing Section 2 as follows:
 

 

 

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1    (55 ILCS 120/2)  (from Ch. 128, par. 19)
2    Sec. 2. The officer having the custody of such papers,
3drawings, maps, writings and records shall permit search to be
4made at all reasonable hours and under his supervision for such
5as may be deemed of historic interest. Whenever so directed by
6the county board in the manner prescribed in the foregoing
7section such officer shall deliver the same to the trustee,
8directors or librarian or other officer of the Department of
9Natural Resources Historic Preservation Agency or society
10designated 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
13changing 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
16in any building belonging to or under the control of the State
17or any political subdivision thereof except as provided in this
18Act. The corporate authorities of any city, village,
19incorporated town, township, or county may provide by
20ordinance, however, that alcoholic liquor may be sold or
21delivered in any specifically designated building belonging to
22or under the control of the municipality, township, or county,
23or in any building located on land under the control of the

 

 

HB5686- 90 -LRB100 17792 SLF 32971 b

1municipality, township, or county; provided that such township
2or county complies with all applicable local ordinances in any
3incorporated area of the township or county. Alcoholic liquor
4may be delivered to and sold under the authority of a special
5use permit on any property owned by a conservation district
6organized under the Conservation District Act, provided that
7(i) the alcoholic liquor is sold only at an event authorized by
8the governing board of the conservation district, (ii) the
9issuance of the special use permit is authorized by the local
10liquor control commissioner of the territory in which the
11property is located, and (iii) the special use permit
12authorizes the sale of alcoholic liquor for one day or less.
13Alcoholic liquors may be delivered to and sold at any airport
14belonging to or under the control of a municipality of more
15than 25,000 inhabitants, or in any building or on any golf
16course owned by a park district organized under the Park
17District Code, subject to the approval of the governing board
18of the district, or in any building or on any golf course owned
19by a forest preserve district organized under the Downstate
20Forest Preserve District Act, subject to the approval of the
21governing board of the district, or on the grounds within 500
22feet of any building owned by a forest preserve district
23organized under the Downstate Forest Preserve District Act
24during times when food is dispensed for consumption within 500
25feet of the building from which the food is dispensed, subject
26to the approval of the governing board of the district, or in a

 

 

HB5686- 91 -LRB100 17792 SLF 32971 b

1building owned by a Local Mass Transit District organized under
2the Local Mass Transit District Act, subject to the approval of
3the governing Board of the District, or in Bicentennial Park,
4or on the premises of the City of Mendota Lake Park located
5adjacent to Route 51 in Mendota, Illinois, or on the premises
6of Camden Park in Milan, Illinois, or in the community center
7owned by the City of Loves Park that is located at 1000 River
8Park Drive in Loves Park, Illinois, or, in connection with the
9operation of an established food serving facility during times
10when food is dispensed for consumption on the premises, and at
11the following aquarium and museums located in public parks: Art
12Institute of Chicago, Chicago Academy of Sciences, Chicago
13Historical Society, Field Museum of Natural History, Museum of
14Science and Industry, DuSable Museum of African American
15History, John G. Shedd Aquarium and Adler Planetarium, or at
16Lakeview Museum of Arts and Sciences in Peoria, or in
17connection with the operation of the facilities of the Chicago
18Zoological Society or the Chicago Horticultural Society on land
19owned by the Forest Preserve District of Cook County, or on any
20land used for a golf course or for recreational purposes owned
21by the Forest Preserve District of Cook County, subject to the
22control of the Forest Preserve District Board of Commissioners
23and applicable local law, provided that dram shop liability
24insurance is provided at maximum coverage limits so as to hold
25the District harmless from all financial loss, damage, and
26harm, or in any building located on land owned by the Chicago

 

 

HB5686- 92 -LRB100 17792 SLF 32971 b

1Park District if approved by the Park District Commissioners,
2or on any land used for a golf course or for recreational
3purposes and owned by the Illinois International Port District
4if approved by the District's governing board, or at any
5airport, golf course, faculty center, or facility in which
6conference and convention type activities take place belonging
7to or under control of any State university or public community
8college district, provided that with respect to a facility for
9conference and convention type activities alcoholic liquors
10shall be limited to the use of the convention or conference
11participants or participants in cultural, political or
12educational activities held in such facilities, and provided
13further that the faculty or staff of the State university or a
14public community college district, or members of an
15organization of students, alumni, faculty or staff of the State
16university or a public community college district are active
17participants in the conference or convention, or in Memorial
18Stadium on the campus of the University of Illinois at
19Urbana-Champaign during games in which the Chicago Bears
20professional football team is playing in that stadium during
21the renovation of Soldier Field, not more than one and a half
22hours before the start of the game and not after the end of the
23third quarter of the game, or in the Pavilion Facility on the
24campus of the University of Illinois at Chicago during games in
25which the Chicago Storm professional soccer team is playing in
26that facility, not more than one and a half hours before the

 

 

HB5686- 93 -LRB100 17792 SLF 32971 b

1start of the game and not after the end of the third quarter of
2the game, or in the Pavilion Facility on the campus of the
3University of Illinois at Chicago during games in which the
4WNBA professional women's basketball team is playing in that
5facility, not more than one and a half hours before the start
6of the game and not after the 10-minute mark of the second half
7of the game, or by a catering establishment which has rented
8facilities from a board of trustees of a public community
9college district, or in a restaurant that is operated by a
10commercial tenant in the North Campus Parking Deck building
11that (1) is located at 1201 West University Avenue, Urbana,
12Illinois and (2) is owned by the Board of Trustees of the
13University of Illinois, or, if approved by the District board,
14on land owned by the Metropolitan Sanitary District of Greater
15Chicago and leased to others for a term of at least 20 years.
16Nothing in this Section precludes the sale or delivery of
17alcoholic liquor in the form of original packaged goods in
18premises located at 500 S. Racine in Chicago belonging to the
19University of Illinois and used primarily as a grocery store by
20a commercial tenant during the term of a lease that predates
21the University's acquisition of the premises; but the
22University shall have no power or authority to renew, transfer,
23or extend the lease with terms allowing the sale of alcoholic
24liquor; and the sale of alcoholic liquor shall be subject to
25all local laws and regulations. After the acquisition by
26Winnebago County of the property located at 404 Elm Street in

 

 

HB5686- 94 -LRB100 17792 SLF 32971 b

1Rockford, a commercial tenant who sold alcoholic liquor at
2retail on a portion of the property under a valid license at
3the time of the acquisition may continue to do so for so long
4as the tenant and the County may agree under existing or future
5leases, subject to all local laws and regulations regarding the
6sale of alcoholic liquor. Alcoholic liquors may be delivered to
7and sold at Memorial Hall, located at 211 North Main Street,
8Rockford, under conditions approved by Winnebago County and
9subject to all local laws and regulations regarding the sale of
10alcoholic liquor. Each facility shall provide dram shop
11liability in maximum insurance coverage limits so as to save
12harmless the State, municipality, State university, airport,
13golf course, faculty center, facility in which conference and
14convention type activities take place, park district, Forest
15Preserve District, public community college district,
16aquarium, museum, or sanitary district from all financial loss,
17damage or harm. Alcoholic liquors may be sold at retail in
18buildings of golf courses owned by municipalities or Illinois
19State University in connection with the operation of an
20established food serving facility during times when food is
21dispensed for consumption upon the premises. Alcoholic liquors
22may be delivered to and sold at retail in any building owned by
23a fire protection district organized under the Fire Protection
24District Act, provided that such delivery and sale is approved
25by the board of trustees of the district, and provided further
26that such delivery and sale is limited to fundraising events

 

 

HB5686- 95 -LRB100 17792 SLF 32971 b

1and to a maximum of 6 events per year. However, the limitation
2to fundraising events and to a maximum of 6 events per year
3does not apply to the delivery, sale, or manufacture of
4alcoholic liquors at the building located at 59 Main Street in
5Oswego, Illinois, owned by the Oswego Fire Protection District
6if the alcoholic liquor is sold or dispensed as approved by the
7Oswego Fire Protection District and the property is no longer
8being utilized for fire protection purposes.
9    Alcoholic liquors may be served or sold in buildings under
10the control of the Board of Trustees of the University of
11Illinois for events that the Board may determine are public
12events and not related student activities. The Board of
13Trustees shall issue a written policy within 6 months of August
1415, 2008 (the effective date of Public Act 95-847) concerning
15the types of events that would be eligible for an exemption.
16Thereafter, the Board of Trustees may issue revised, updated,
17new, or amended policies as it deems necessary and appropriate.
18In preparing its written policy, the Board of Trustees shall,
19among other factors it considers relevant and important, give
20consideration to the following: (i) whether the event is a
21student activity or student related activity; (ii) whether the
22physical setting of the event is conducive to control of liquor
23sales and distribution; (iii) the ability of the event operator
24to ensure that the sale or serving of alcoholic liquors and the
25demeanor of the participants are in accordance with State law
26and University policies; (iv) regarding the anticipated

 

 

HB5686- 96 -LRB100 17792 SLF 32971 b

1attendees at the event, the relative proportion of individuals
2under the age of 21 to individuals age 21 or older; (v) the
3ability of the venue operator to prevent the sale or
4distribution of alcoholic liquors to individuals under the age
5of 21; (vi) whether the event prohibits participants from
6removing alcoholic beverages from the venue; and (vii) whether
7the event prohibits participants from providing their own
8alcoholic liquors to the venue. In addition, any policy
9submitted by the Board of Trustees to the Illinois Liquor
10Control Commission must require that any event at which
11alcoholic liquors are served or sold in buildings under the
12control of the Board of Trustees shall require the prior
13written approval of the Office of the Chancellor for the
14University campus where the event is located. The Board of
15Trustees shall submit its policy, and any subsequently revised,
16updated, new, or amended policies, to the Illinois Liquor
17Control Commission, and any University event, or location for
18an event, exempted under such policies shall apply for a
19license under the applicable Sections of this Act.
20    Alcoholic liquors may be served or sold in buildings under
21the control of the Board of Trustees of Northern Illinois
22University for events that the Board may determine are public
23events and not student-related activities. The Board of
24Trustees shall issue a written policy within 6 months after
25June 28, 2011 (the effective date of Public Act 97-45)
26concerning the types of events that would be eligible for an

 

 

HB5686- 97 -LRB100 17792 SLF 32971 b

1exemption. Thereafter, the Board of Trustees may issue revised,
2updated, new, or amended policies as it deems necessary and
3appropriate. In preparing its written policy, the Board of
4Trustees shall, in addition to other factors it considers
5relevant and important, give consideration to the following:
6(i) whether the event is a student activity or student-related
7activity; (ii) whether the physical setting of the event is
8conducive to control of liquor sales and distribution; (iii)
9the ability of the event operator to ensure that the sale or
10serving of alcoholic liquors and the demeanor of the
11participants are in accordance with State law and University
12policies; (iv) the anticipated attendees at the event and the
13relative proportion of individuals under the age of 21 to
14individuals age 21 or older; (v) the ability of the venue
15operator to prevent the sale or distribution of alcoholic
16liquors to individuals under the age of 21; (vi) whether the
17event prohibits participants from removing alcoholic beverages
18from the venue; and (vii) whether the event prohibits
19participants from providing their own alcoholic liquors to the
20venue.
21    Alcoholic liquors may be served or sold in buildings under
22the control of the Board of Trustees of Chicago State
23University for events that the Board may determine are public
24events and not student-related activities. The Board of
25Trustees shall issue a written policy within 6 months after
26August 2, 2013 (the effective date of Public Act 98-132)

 

 

HB5686- 98 -LRB100 17792 SLF 32971 b

1concerning the types of events that would be eligible for an
2exemption. Thereafter, the Board of Trustees may issue revised,
3updated, new, or amended policies as it deems necessary and
4appropriate. In preparing its written policy, the Board of
5Trustees shall, in addition to other factors it considers
6relevant and important, give consideration to the following:
7(i) whether the event is a student activity or student-related
8activity; (ii) whether the physical setting of the event is
9conducive to control of liquor sales and distribution; (iii)
10the ability of the event operator to ensure that the sale or
11serving of alcoholic liquors and the demeanor of the
12participants are in accordance with State law and University
13policies; (iv) the anticipated attendees at the event and the
14relative proportion of individuals under the age of 21 to
15individuals age 21 or older; (v) the ability of the venue
16operator to prevent the sale or distribution of alcoholic
17liquors to individuals under the age of 21; (vi) whether the
18event prohibits participants from removing alcoholic beverages
19from the venue; and (vii) whether the event prohibits
20participants from providing their own alcoholic liquors to the
21venue.
22    Alcoholic liquors may be served or sold in buildings under
23the control of the Board of Trustees of Illinois State
24University for events that the Board may determine are public
25events and not student-related activities. The Board of
26Trustees shall issue a written policy within 6 months after

 

 

HB5686- 99 -LRB100 17792 SLF 32971 b

1March 1, 2013 (the effective date of Public Act 97-1166)
2concerning the types of events that would be eligible for an
3exemption. Thereafter, the Board of Trustees may issue revised,
4updated, new, or amended policies as it deems necessary and
5appropriate. In preparing its written policy, the Board of
6Trustees shall, in addition to other factors it considers
7relevant and important, give consideration to the following:
8(i) whether the event is a student activity or student-related
9activity; (ii) whether the physical setting of the event is
10conducive to control of liquor sales and distribution; (iii)
11the ability of the event operator to ensure that the sale or
12serving of alcoholic liquors and the demeanor of the
13participants are in accordance with State law and University
14policies; (iv) the anticipated attendees at the event and the
15relative proportion of individuals under the age of 21 to
16individuals age 21 or older; (v) the ability of the venue
17operator to prevent the sale or distribution of alcoholic
18liquors to individuals under the age of 21; (vi) whether the
19event prohibits participants from removing alcoholic beverages
20from the venue; and (vii) whether the event prohibits
21participants from providing their own alcoholic liquors to the
22venue.
23    Alcoholic liquors may be served or sold in buildings under
24the control of the Board of Trustees of Southern Illinois
25University for events that the Board may determine are public
26events and not student-related activities. The Board of

 

 

HB5686- 100 -LRB100 17792 SLF 32971 b

1Trustees shall issue a written policy within 6 months after
2August 12, 2016 (the effective date of Public Act 99-795)
3concerning the types of events that would be eligible for an
4exemption. Thereafter, the Board of Trustees may issue revised,
5updated, new, or amended policies as it deems necessary and
6appropriate. In preparing its written policy, the Board of
7Trustees shall, in addition to other factors it considers
8relevant and important, give consideration to the following:
9(i) whether the event is a student activity or student-related
10activity; (ii) whether the physical setting of the event is
11conducive to control of liquor sales and distribution; (iii)
12the ability of the event operator to ensure that the sale or
13serving of alcoholic liquors and the demeanor of the
14participants are in accordance with State law and University
15policies; (iv) the anticipated attendees at the event and the
16relative proportion of individuals under the age of 21 to
17individuals age 21 or older; (v) the ability of the venue
18operator to prevent the sale or distribution of alcoholic
19liquors to individuals under the age of 21; (vi) whether the
20event prohibits participants from removing alcoholic beverages
21from the venue; and (vii) whether the event prohibits
22participants from providing their own alcoholic liquors to the
23venue.
24    Alcoholic liquors may be served or sold in buildings under
25the control of the Board of Trustees of a public university for
26events that the Board of Trustees of that public university may

 

 

HB5686- 101 -LRB100 17792 SLF 32971 b

1determine are public events and not student-related
2activities. If the Board of Trustees of a public university has
3not issued a written policy pursuant to an exemption under this
4Section on or before July 15, 2016 (the effective date of
5Public Act 99-550), then that Board of Trustees shall issue a
6written policy within 6 months after July 15, 2016 (the
7effective date of Public Act 99-550) concerning the types of
8events that would be eligible for an exemption. Thereafter, the
9Board of Trustees may issue revised, updated, new, or amended
10policies as it deems necessary and appropriate. In preparing
11its written policy, the Board of Trustees shall, in addition to
12other factors it considers relevant and important, give
13consideration to the following: (i) whether the event is a
14student activity or student-related activity; (ii) whether the
15physical setting of the event is conducive to control of liquor
16sales and distribution; (iii) the ability of the event operator
17to ensure that the sale or serving of alcoholic liquors and the
18demeanor of the participants are in accordance with State law
19and University policies; (iv) the anticipated attendees at the
20event and the relative proportion of individuals under the age
21of 21 to individuals age 21 or older; (v) the ability of the
22venue operator to prevent the sale or distribution of alcoholic
23liquors to individuals under the age of 21; (vi) whether the
24event prohibits participants from removing alcoholic beverages
25from the venue; and (vii) whether the event prohibits
26participants from providing their own alcoholic liquors to the

 

 

HB5686- 102 -LRB100 17792 SLF 32971 b

1venue. As used in this paragraph, "public university" means the
2University of Illinois, Illinois State University, Chicago
3State University, Governors State University, Southern
4Illinois University, Northern Illinois University, Eastern
5Illinois University, Western Illinois University, and
6Northeastern Illinois University.
7    Alcoholic liquors may be served or sold in buildings under
8the control of the Board of Trustees of a community college
9district for events that the Board of Trustees of that
10community college district may determine are public events and
11not student-related activities. The Board of Trustees shall
12issue a written policy within 6 months after July 15, 2016 (the
13effective date of Public Act 99-550) concerning the types of
14events that would be eligible for an exemption. Thereafter, the
15Board of Trustees may issue revised, updated, new, or amended
16policies as it deems necessary and appropriate. In preparing
17its written policy, the Board of Trustees shall, in addition to
18other factors it considers relevant and important, give
19consideration to the following: (i) whether the event is a
20student activity or student-related activity; (ii) whether the
21physical setting of the event is conducive to control of liquor
22sales and distribution; (iii) the ability of the event operator
23to ensure that the sale or serving of alcoholic liquors and the
24demeanor of the participants are in accordance with State law
25and community college district policies; (iv) the anticipated
26attendees at the event and the relative proportion of

 

 

HB5686- 103 -LRB100 17792 SLF 32971 b

1individuals under the age of 21 to individuals age 21 or older;
2(v) the ability of the venue operator to prevent the sale or
3distribution of alcoholic liquors to individuals under the age
4of 21; (vi) whether the event prohibits participants from
5removing alcoholic beverages from the venue; and (vii) whether
6the event prohibits participants from providing their own
7alcoholic liquors to the venue. This paragraph does not apply
8to any community college district authorized to sell or serve
9alcoholic liquor under any other provision of this Section.
10    Alcoholic liquor may be delivered to and sold at retail in
11the Dorchester Senior Business Center owned by the Village of
12Dolton if the alcoholic liquor is sold or dispensed only in
13connection with organized functions for which the planned
14attendance is 20 or more persons, and if the person or facility
15selling or dispensing the alcoholic liquor has provided dram
16shop liability insurance in maximum limits so as to hold
17harmless the Village of Dolton and the State from all financial
18loss, damage and harm.
19    Alcoholic liquors may be delivered to and sold at retail in
20any 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;

 

 

HB5686- 104 -LRB100 17792 SLF 32971 b

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
8the 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
24belonging to or under the control of any city, village or
25incorporated town where more than 75% of the physical
26properties of the building is used for commercial or

 

 

HB5686- 105 -LRB100 17792 SLF 32971 b

1recreational purposes, and the building is located upon a pier
2extending into or over the waters of a navigable lake or stream
3or on the shore of a navigable lake or stream. In accordance
4with a license issued under this Act, alcoholic liquor may be
5sold, served, or delivered in buildings and facilities under
6the control of the Department of Natural Resources during
7events or activities lasting no more than 7 continuous days
8upon the written approval of the Director of Natural Resources
9acting as the controlling government authority. The Director of
10Natural Resources may specify conditions on that approval,
11including but not limited to requirements for insurance and
12hours of operation. Notwithstanding any other provision of this
13Act, alcoholic liquor sold by a United States Army Corps of
14Engineers or Department of Natural Resources concessionaire
15who was operating on June 1, 1991 for on-premises consumption
16only is not subject to the provisions of Articles IV and IX.
17Beer and wine may be sold on the premises of the Joliet Park
18District Stadium owned by the Joliet Park District when written
19consent to the issuance of a license to sell beer and wine in
20such premises is filed with the local liquor commissioner by
21the Joliet Park District. Beer and wine may be sold in
22buildings on the grounds of State veterans' homes when written
23consent to the issuance of a license to sell beer and wine in
24such buildings is filed with the Commission by the Department
25of Veterans' Affairs, and the facility shall provide dram shop
26liability in maximum insurance coverage limits so as to save

 

 

HB5686- 106 -LRB100 17792 SLF 32971 b

1the facility harmless from all financial loss, damage or harm.
2Such liquors may be delivered to and sold at any property owned
3or held under lease by a Metropolitan Pier and Exposition
4Authority or Metropolitan Exposition and Auditorium Authority.
5    Beer and wine may be sold and dispensed at professional
6sporting events and at professional concerts and other
7entertainment events conducted on premises owned by the Forest
8Preserve District of Kane County, subject to the control of the
9District Commissioners and applicable local law, provided that
10dram shop liability insurance is provided at maximum coverage
11limits so as to hold the District harmless from all financial
12loss, damage and harm.
13    Nothing in this Section shall preclude the sale or delivery
14of beer and wine at a State or county fair or the sale or
15delivery of beer or wine at a city fair in any otherwise lawful
16manner.
17    Alcoholic liquors may be sold at retail in buildings in
18State parks under the control of the Department of Natural
19Resources, 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

 

 

HB5686- 107 -LRB100 17792 SLF 32971 b

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
6properties under the control of the Division of Historic Sites
7and Preservation Division of the Department of Natural
8Resources Historic Preservation Agency or the Abraham Lincoln
9Presidential 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
24not authorize the establishment and operation of facilities
25commonly called taverns, saloons, bars, cocktail lounges, and
26the like except as a part of lodge and restaurant facilities in

 

 

HB5686- 108 -LRB100 17792 SLF 32971 b

1State parks or golf courses owned by Forest Preserve Districts
2with a population of less than 3,000,000 or municipalities or
3park districts.
4    Alcoholic liquors may be sold at retail in the Springfield
5Administration Building of the Department of Transportation
6and the Illinois State Armory in Springfield; provided, that
7the controlling government authority may consent to such sales
8only 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
20recreational areas of river conservancy districts under the
21control of, or leased from, the river conservancy districts.
22Such sales are subject to reasonable local regulations as
23provided in Article IV; however, no such regulations may
24prohibit or substantially impair the sale of alcoholic liquors
25on Sundays or Holidays.
26    Alcoholic liquors may be provided in long term care

 

 

HB5686- 109 -LRB100 17792 SLF 32971 b

1facilities owned or operated by a county under Division 5-21 or
25-22 of the Counties Code, when approved by the facility
3operator and not in conflict with the regulations of the
4Illinois Department of Public Health, to residents of the
5facility who have had their consumption of the alcoholic
6liquors provided approved in writing by a physician licensed to
7practice medicine in all its branches.
8    Alcoholic liquors may be delivered to and dispensed in
9State housing assigned to employees of the Department of
10Corrections. No person shall furnish or allow to be furnished
11any alcoholic liquors to any prisoner confined in any jail,
12reformatory, prison or house of correction except upon a
13physician's prescription for medicinal purposes.
14    Alcoholic liquors may be sold at retail or dispensed at the
15Willard Ice Building in Springfield, at the State Library in
16Springfield, and at Illinois State Museum facilities by (1) an
17agency of the State, whether legislative, judicial or
18executive, provided that such agency first obtains written
19permission to sell or dispense alcoholic liquors from the
20controlling government authority, or by (2) a not-for-profit
21organization, 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;

 

 

HB5686- 110 -LRB100 17792 SLF 32971 b

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
10organization or agency of the State from employing the services
11of a catering establishment for the selling or dispensing of
12alcoholic liquors at authorized functions.
13    The controlling government authority for the Willard Ice
14Building in Springfield shall be the Director of the Department
15of Revenue. The controlling government authority for Illinois
16State Museum facilities shall be the Director of the Illinois
17State Museum. The controlling government authority for the
18State Library in Springfield shall be the Secretary of State.
19    Alcoholic liquors may be delivered to and sold at retail or
20dispensed at any facility, property or building under the
21jurisdiction of the Division of Historic Sites and Preservation
22Division of the Department of Natural Resources Historic
23Preservation Agency or the Abraham Lincoln Presidential
24Library and Museum where the delivery, sale or dispensing is by
25(1) an agency of the State, whether legislative, judicial or
26executive, provided that such agency first obtains written

 

 

HB5686- 111 -LRB100 17792 SLF 32971 b

1permission to sell or dispense alcoholic liquors from a
2controlling government authority, or by (2) an individual or
3organization 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
19Historic Sites and Preservation Division of the Department of
20Natural Resources Historic Preservation Agency shall be the
21Director of Natural Resourc
es the Historic Sites and
22Preservation, and the controlling government authority for the
23Abraham Lincoln Presidential Library and Museum shall be the
24Executive Director of the Abraham Lincoln Presidential Library
25and Museum.
26    Alcoholic liquors may be delivered to and sold at retail or

 

 

HB5686- 112 -LRB100 17792 SLF 32971 b

1dispensed for consumption at the Michael Bilandic Building at
2160 North LaSalle Street, Chicago IL 60601, after the normal
3business hours of any day care or child care facility located
4in the building, by (1) a commercial tenant or subtenant
5conducting business on the premises under a lease made pursuant
6to Section 405-315 of the Department of Central Management
7Services Law (20 ILCS 405/405-315), provided that such tenant
8or subtenant who accepts delivery of, sells, or dispenses
9alcoholic liquors shall procure and maintain dram shop
10liability insurance in maximum coverage limits and in which the
11carrier agrees to defend, indemnify, and save harmless the
12State of Illinois from all financial loss, damage, or harm
13arising out of the delivery, sale, or dispensing of alcoholic
14liquors, or by (2) an agency of the State, whether legislative,
15judicial, or executive, provided that such agency first obtains
16written permission to accept delivery of and sell or dispense
17alcoholic liquors from the Director of Central Management
18Services, or by (3) a not-for-profit organization, provided
19that 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

 

 

HB5686- 113 -LRB100 17792 SLF 32971 b

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
9organization or agency of the State from employing the services
10of a catering establishment for the selling or dispensing of
11alcoholic liquors at functions authorized by the Director of
12Central Management Services.
13    Alcoholic liquors may be sold at retail or dispensed at the
14James R. Thompson Center in Chicago, subject to the provisions
15of Section 7.4 of the State Property Control Act, and 222 South
16College Street in Springfield, Illinois by (1) a commercial
17tenant or subtenant conducting business on the premises under a
18lease or sublease made pursuant to Section 405-315 of the
19Department of Central Management Services Law (20 ILCS
20405/405-315), provided that such tenant or subtenant who sells
21or dispenses alcoholic liquors shall procure and maintain dram
22shop liability insurance in maximum coverage limits and in
23which the carrier agrees to defend, indemnify and save harmless
24the State of Illinois from all financial loss, damage or harm
25arising out of the sale or dispensing of alcoholic liquors, or
26by (2) an agency of the State, whether legislative, judicial or

 

 

HB5686- 114 -LRB100 17792 SLF 32971 b

1executive, provided that such agency first obtains written
2permission to sell or dispense alcoholic liquors from the
3Director of Central Management Services, or by (3) a
4not-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
19organization or agency of the State from employing the services
20of a catering establishment for the selling or dispensing of
21alcoholic liquors at functions authorized by the Director of
22Central Management Services.
23    Alcoholic liquors may be sold or delivered at any facility
24owned by the Illinois Sports Facilities Authority provided that
25dram shop liability insurance has been made available in a
26form, with such coverage and in such amounts as the Authority

 

 

HB5686- 115 -LRB100 17792 SLF 32971 b

1reasonably determines is necessary.
2    Alcoholic liquors may be sold at retail or dispensed at the
3Rockford State Office Building by (1) an agency of the State,
4whether legislative, judicial or executive, provided that such
5agency first obtains written permission to sell or dispense
6alcoholic liquors from the Department of Central Management
7Services, or by (2) a not-for-profit organization, provided
8that 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
23organization or agency of the State from employing the services
24of a catering establishment for the selling or dispensing of
25alcoholic liquors at functions authorized by the Department of
26Central Management Services.

 

 

HB5686- 116 -LRB100 17792 SLF 32971 b

1    Alcoholic liquors may be sold or delivered in a building
2that is owned by McLean County, situated on land owned by the
3county in the City of Bloomington, and used by the McLean
4County Historical Society if the sale or delivery is approved
5by an ordinance adopted by the county board, and the
6municipality in which the building is located may not prohibit
7that sale or delivery, notwithstanding any other provision of
8this Section. The regulation of the sale and delivery of
9alcoholic liquor in a building that is owned by McLean County,
10situated on land owned by the county, and used by the McLean
11County Historical Society as provided in this paragraph is an
12exclusive power and function of the State and is a denial and
13limitation under Article VII, Section 6, subsection (h) of the
14Illinois Constitution of the power of a home rule municipality
15to regulate that sale and delivery.
16    Alcoholic liquors may be sold or delivered in any building
17situated on land held in trust for any school district
18organized under Article 34 of the School Code, if the building
19is not used for school purposes and if the sale or delivery is
20approved by the board of education.
21    Alcoholic liquors may be delivered to and sold at retail in
22any building owned by a public library district, provided that
23the delivery and sale is approved by the board of trustees of
24that public library district and is limited to library
25fundraising events or programs of a cultural or educational
26nature. Before the board of trustees of a public library

 

 

HB5686- 117 -LRB100 17792 SLF 32971 b

1district may approve the delivery and sale of alcoholic
2liquors, the board of trustees of the public library district
3must have a written policy that has been approved by the board
4of trustees of the public library district governing when and
5under what circumstances alcoholic liquors may be delivered to
6and sold at retail on property owned by that public library
7district. The written policy must (i) provide that no alcoholic
8liquor may be sold, distributed, or consumed in any area of the
9library accessible to the general public during the event or
10program, (ii) prohibit the removal of alcoholic liquor from the
11venue during the event, and (iii) require that steps be taken
12to prevent the sale or distribution of alcoholic liquor to
13persons under the age of 21. Any public library district that
14has alcoholic liquor delivered to or sold at retail on property
15owned by the public library district shall provide dram shop
16liability insurance in maximum insurance coverage limits so as
17to save harmless the public library districts from all
18financial loss, damage, or harm.
19    Alcoholic liquors may be sold or delivered in buildings
20owned by the Community Building Complex Committee of Boone
21County, Illinois if the person or facility selling or
22dispensing the alcoholic liquor has provided dram shop
23liability insurance with coverage and in amounts that the
24Committee reasonably determines are necessary.
25    Alcoholic liquors may be sold or delivered in the building
26located at 1200 Centerville Avenue in Belleville, Illinois and

 

 

HB5686- 118 -LRB100 17792 SLF 32971 b

1occupied by either the Belleville Area Special Education
2District or the Belleville Area Special Services Cooperative.
3    Alcoholic liquors may be delivered to and sold at the Louis
4Joliet Renaissance Center, City Center Campus, located at 214
5N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
6Department facilities, Main Campus, located at 1215 Houbolt
7Road, Joliet, owned by or under the control of Joliet Junior
8College, Illinois Community College District No. 525.
9    Alcoholic liquors may be delivered to and sold at Triton
10College, Illinois Community College District No. 504.
11    Alcoholic liquors may be delivered to and sold at the
12College of DuPage, Illinois Community College District No. 502.
13    Alcoholic liquors may be delivered to and sold on any
14property owned, operated, or controlled by Lewis and Clark
15Community College, Illinois Community College District No.
16536.
17    Alcoholic liquors may be delivered to and sold at the
18building located at 446 East Hickory Avenue in Apple River,
19Illinois, owned by the Apple River Fire Protection District,
20and occupied by the Apple River Community Association if the
21alcoholic liquor is sold or dispensed only in connection with
22organized functions approved by the Apple River Community
23Association for which the planned attendance is 20 or more
24persons and if the person or facility selling or dispensing the
25alcoholic liquor has provided dram shop liability insurance in
26maximum limits so as to hold harmless the Apple River Fire

 

 

HB5686- 119 -LRB100 17792 SLF 32971 b

1Protection District, the Village of Apple River, and the Apple
2River Community Association from all financial loss, damage,
3and harm.
4    Alcoholic liquors may be delivered to and sold at the Sikia
5Restaurant, Kennedy King College Campus, located at 740 West
663rd Street, Chicago, and at the Food Services in the Great
7Hall/Washburne Culinary Institute Department facility, Kennedy
8King College Campus, located at 740 West 63rd Street, Chicago,
9owned by or under the control of City Colleges of Chicago,
10Illinois Community College District No. 508.
11(Source: P.A. 99-78, eff. 7-20-15; 99-484, eff. 10-30-15;
1299-550, eff. 7-15-16; 99-559, eff. 7-15-16; 99-795, eff.
138-12-16; 100-120, eff. 8-18-17; 100-201, eff. 8-18-17.)
 
14    Section 120. The Illinois Highway Code is amended by
15changing 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
18of the State highway system, highways and entrances which will
19connect any State highway, now existing or hereafter
20constructed, with any State park, State forest, State wildlife
21or fish refuge, the grounds of any State institution or any
22recreational, scenic or historic place owned or operated by the
23State; any national cemetery; and to any tax supported airport
24constructed in part by State and federal funds; and, with the

 

 

HB5686- 120 -LRB100 17792 SLF 32971 b

1consent of the Department of Natural Resources, to construct,
2maintain and repair that part of any road or bridge, not
3otherwise under the jurisdiction of the Department, which lies
4within any State park, State conservation area, State forest,
5State wildlife and fish refuge, or any other recreational
6scenic area owned and operated by the Department of Natural
7Resources. With the consent of the Department of Natural
8Resources Historic Preservation Agency, to construct, maintain
9and repair that part of any road or bridge, not otherwise under
10the jurisdiction of the Department, which lies within any State
11Historic Site owned and operated by the Department of Natural
12Resources Historic Preservation Agency.
13(Source: P.A. 89-445, eff. 2-7-96.)
 
14    Section 999. Effective date. This Act takes effect upon
15becoming law.

 

 

HB5686- 121 -LRB100 17792 SLF 32971 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 412/5-5
4    5 ILCS 412/5-15
5    5 ILCS 412/5-20
6    5 ILCS 412/5-25
7    5 ILCS 412/5-30
8    5 ILCS 412/5-35
9    20 ILCS 801/1-45 new
10    20 ILCS 830/2-1from Ch. 96 1/2, par. 9702-1
11    20 ILCS 840/1from Ch. 105, par. 468g
12    20 ILCS 860/2afrom Ch. 105, par. 532a
13    20 ILCS 860/3afrom Ch. 105, par. 533a
14    20 ILCS 860/4afrom Ch. 105, par. 534a
15    20 ILCS 860/5afrom Ch. 105, par. 535a
16    20 ILCS 3405/1from Ch. 127, par. 2701
17    20 ILCS 3405/2from Ch. 127, par. 2702
18    20 ILCS 3405/3.1 new
19    20 ILCS 3405/4.5 new
20    20 ILCS 3405/6from Ch. 127, par. 2706
21    20 ILCS 3405/8
22    20 ILCS 3405/11from Ch. 127, par. 2711
23    20 ILCS 3405/12from Ch. 127, par. 2712
24    20 ILCS 3405/13from Ch. 127, par. 2713
25    20 ILCS 3405/14from Ch. 127, par. 2714

 

 

HB5686- 122 -LRB100 17792 SLF 32971 b

1    20 ILCS 3405/15from Ch. 127, par. 2715
2    20 ILCS 3405/16from Ch. 127, par. 2716
3    20 ILCS 3405/19from Ch. 127, par. 2719
4    20 ILCS 3405/22
5    20 ILCS 3405/35
6    20 ILCS 3405/3 rep.
7    20 ILCS 3405/4 rep.
8    20 ILCS 3405/5 rep.
9    20 ILCS 3405/34 rep.
10    20 ILCS 3410/2from Ch. 127, par. 133d2
11    20 ILCS 3410/3from Ch. 127, par. 133d3
12    20 ILCS 3410/4from Ch. 127, par. 133d4
13    20 ILCS 3410/5from Ch. 127, par. 133d5
14    20 ILCS 3410/15from Ch. 127, par. 133d15
15    20 ILCS 3415/1from Ch. 128, par. 31
16    20 ILCS 3415/2from Ch. 128, par. 32
17    20 ILCS 3415/3from Ch. 128, par. 33
18    20 ILCS 3420/1from Ch. 127, par. 133c21
19    20 ILCS 3420/3from Ch. 127, par. 133c23
20    20 ILCS 3420/4from Ch. 127, par. 133c24
21    20 ILCS 3420/5from Ch. 127, par. 133c25
22    20 ILCS 3430/1from Ch. 123, par. 52
23    20 ILCS 3430/2from Ch. 123, par. 53
24    20 ILCS 3430/3from Ch. 123, par. 54
25    20 ILCS 3435/1from Ch. 127, par. 133c1
26    20 ILCS 3435/3from Ch. 127, par. 133c3

 

 

HB5686- 123 -LRB100 17792 SLF 32971 b

1    20 ILCS 3435/3.1from Ch. 127, par. 133c3.1
2    20 ILCS 3435/3.2from Ch. 127, par. 133c3.2
3    20 ILCS 3435/5from Ch. 127, par. 133c5
4    20 ILCS 3435/6from Ch. 127, par. 133c6
5    20 ILCS 3435/7from Ch. 127, par. 133c7
6    20 ILCS 3435/8from Ch. 127, par. 133c8
7    20 ILCS 3435/9from Ch. 127, par. 133c9
8    20 ILCS 3435/10from Ch. 127, par. 133c10
9    20 ILCS 3435/11from Ch. 127, par. 133c11
10    20 ILCS 3440/3from Ch. 127, par. 2663
11    20 ILCS 3440/4from Ch. 127, par. 2664
12    20 ILCS 3440/5from Ch. 127, par. 2665
13    20 ILCS 3440/8from Ch. 127, par. 2668
14    20 ILCS 3440/9from Ch. 127, par. 2669
15    20 ILCS 3440/13from Ch. 127, par. 2673
16    20 ILCS 3440/14from Ch. 127, par. 2674
17    20 ILCS 3440/15from Ch. 127, par. 2675
18    20 ILCS 3440/16from Ch. 127, par. 2676
19    20 ILCS 3475/30
20    20 ILCS 3475/60
21    20 ILCS 4003/10
22    20 ILCS 4003/20
23    20 ILCS 5000/10
24    30 ILCS 145/3from Ch. 127, par. 2653
25    30 ILCS 160/2from Ch. 127, par. 4002
26    30 ILCS 750/1-3from Ch. 127, par. 2701-3

 

 

HB5686- 124 -LRB100 17792 SLF 32971 b

1    35 ILCS 5/221
2    35 ILCS 30/5
3    35 ILCS 30/15
4    35 ILCS 30/30
5    55 ILCS 5/5-31012from Ch. 34, par. 5-31012
6    55 ILCS 5/5-31017from Ch. 34, par. 5-31017
7    55 ILCS 120/2from Ch. 128, par. 19
8    235 ILCS 5/6-15from Ch. 43, par. 130
9    605 ILCS 5/4-201.5from Ch. 121, par. 4-201.5