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Full Text of SB1728  99th General Assembly

SB1728ham001 99TH GENERAL ASSEMBLY

Rep. Michael J. Madigan

Filed: 5/27/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1728

2    AMENDMENT NO. ______. Amend Senate Bill 1728 by replacing
3everything after the enacting clause with the following:
 
4
"Article I.

 
5    Section 1-1. Short title. This Article may be cited as the
6Abraham Lincoln Presidential Library and Museum Act.
7References in this Article to "this Act" mean this Article.
 
8    Section 1-5. Definitions. As used in this Act:
9    "Agency" means the Abraham Lincoln Presidential Library
10and Museum.
11    "Board" means the Board of Trustees of the Abraham Lincoln
12Presidential Library and Museum.
13    "Executive Director" means the Executive Director of the
14Abraham Lincoln Presidential Library and Museum.
15    "Library" means the Abraham Lincoln Presidential Library.

 

 

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1    "Museum" means the Abraham Lincoln Presidential Museum.
 
2    Section 1-10. Abraham Lincoln Presidential Library and
3Museum; establishment.
4    (a) The Abraham Lincoln Presidential Library and Museum,
5formerly a constituent unit of the Illinois Historic
6Preservation Agency, is created as an independent State agency
7within the Executive Branch of State government.
8    (b) The Agency shall have control and custody of the
9Abraham Lincoln Presidential Library and Museum complex,
10including the Abraham Lincoln Presidential Library and Museum,
11the Abraham Lincoln Presidential Library and Museum's parking
12garage, Union Station, and Union Park, in Springfield.
13    (c) The Agency shall be under the supervision and direction
14of the Executive Director of the Abraham Lincoln Presidential
15Library and Museum.
 
16    Section 1-15. Board. There shall be a Board of Trustees of
17the Abraham Lincoln Presidential Library and Museum to set
18policy and advise the Abraham Lincoln Presidential Library and
19Museum and the Executive Director on programs related to the
20Abraham Lincoln Presidential Library and Museum and to exercise
21the powers and duties given to it under Section 3-25 of this
22Act. The Abraham Lincoln Presidential Library and Museum and
23the Abraham Lincoln Presidential Library Foundation shall
24mutually co-operate to maximize resources available to the

 

 

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1Abraham Lincoln Presidential Library and Museum and to support,
2sustain, and provide educational programs and collections at
3the Abraham Lincoln Presidential Library and Museum. Any
4membership fees collected by the Abraham Lincoln Presidential
5Library Foundation may be used to support the Abraham Lincoln
6Presidential Library and Museum programs or collections at the
7Foundation's discretion.
 
8    Section 1-20. Composition of the Board. The Board of
9Trustees shall consist of 11 members to be appointed by the
10Governor, with the advice and consent of the Senate. The Board
11shall consist of members with the following qualifications:
12    (1) One member shall have recognized knowledge and ability
13in matters related to business administration.
14    (2) One member shall have recognized knowledge and ability
15in matters related to the history of Abraham Lincoln.
16    (3) One member shall have recognized knowledge and ability
17in matters related to the history of Illinois.
18    (4) One member shall have recognized knowledge and ability
19in matters related to library and museum studies.
20    (5) One member shall have recognized knowledge and ability
21in matters related to historic preservation.
22    (6) One member shall have recognized knowledge and ability
23in matters related to cultural tourism.
24    (7) One member shall have recognized knowledge and ability
25in matters related to conservation, digitization, and

 

 

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1technological innovation.
2    The initial terms of office shall be designated by the
3Governor as follows: one member to serve for a term of one
4year, 2 members to serve for a term of 2 years, 2 members to
5serve for a term of 3 years, 2 members to serve for a term of 4
6years, 2 members to serve for a term of 5 years, and 2 members
7to serve for a term of 6 years. Thereafter, all appointments
8shall be for a term of 6 years. The Governor shall appoint one
9of the members to serve as chairperson at the pleasure of the
10Governor.
11    The members of the Board shall serve without compensation
12but shall be entitled to reimbursement for all necessary
13expenses incurred in the performance of their official duties
14as members of the Board from funds appropriated for that
15purpose.
16    To facilitate communication and cooperation between the
17Agency and the Abraham Lincoln Presidential Library
18Foundation, the Foundation CEO shall serve as a non-voting,
19ex-officio member of the Board.
 
20    Section 1-25. Powers and duties of the Board. The Board
21shall:
22    (a) Set policies and establish programs for implementation
23in support of the mission and goals of the Agency.
24    (b) Create and execute such seminars, symposia, or other
25conferences as may be necessary or advisable to the Agency.

 

 

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1    (c) Report annually to the Governor and the General
2Assembly on the status of the Agency and its programs.
3    (d) Accept, hold, maintain, and administer, as trustee,
4property given in trust for education or historic purposes for
5the benefit of the people of the State of Illinois and dispose
6of any property under the terms of the instrument creating the
7trust.
8    (e) Accept, hold, maintain, and administer donated
9property of historical significance, such as books, papers,
10records, and personal property of any kind, including
11electronic and digital property, pursuant to gifting
12instruments, agreements, or deeds of gift, including but not
13limited to the King Hostick Public Trust Fund, and enter into
14such agreements as may be necessary to carry out the Board's
15duties and responsibilities under this Section.
16    (f) Lease concessions at the Library and Museum. All
17leases, for whatever period, shall be made subject to the
18written approval of the Governor's Office of Management and
19Budget. All concession leases extending for a period in excess
20of 10 years shall contain provisions for the Agency to
21participate, on a percentage basis, in the revenues generated
22by any concession operation.
23    (g) Enforce the laws of the State and the rules of the
24Agency.
25    (h) Cooperate with private organizations and agencies of
26the State of Illinois by providing areas and the use of staff

 

 

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1personnel where feasible for the sale of publications on the
2historic and cultural heritage of the State and craft items
3made by Illinois craftsmen. These sales shall not conflict with
4existing concession agreements. The Board is authorized to
5negotiate and approve agreements with the organizations and
6agencies for a portion of the monies received from sales to be
7returned to the Agency for the furtherance of interpretative
8and restoration programs.
9    (i) Accept offers of gifts, gratuities, or grants from the
10federal government, its agencies, or offices, or from any
11person, firm, or corporation.
12    (j) Subject to the provisions of the Illinois
13Administrative Procedure Act, make reasonable rules as may be
14necessary to discharge the duties of the Agency.
15    (k) Charge and collect admission fees and rental for access
16to and use of the facilities of the Library and Museum.
17    (l) Operate a restaurant, café, or other food serving
18facility at the Museum or lease the operation of such a
19facility under reasonable terms and conditions; and provide
20vending services for food, beverages, or other products deemed
21necessary and proper, consistent with the purposes of the
22Library and Museum.
23    (m) Engage in marketing activities designed to promote the
24Library and Museum. In undertaking these activities, the Board
25may take all necessary steps with respect to products and
26services, including, but not limited to, retail sales,

 

 

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1wholesale sales, direct marketing, mail order sales, telephone
2sales, advertising and promotion, purchase of product and
3materials inventory, design and printing and manufacturing of
4new products, reproductions, and adaptations, copyright and
5trademark licensing and royalty agreements, and payment of
6applicable taxes. In addition, the Board shall have the
7authority to sell advertising in its publications and printed
8materials.
 
9    Section 1-30. Administration of the Agency. The Board shall
10appoint an Executive Director of the Agency. The Executive
11Director shall serve at the pleasure of the Board for a term of
124 years. The Executive Director shall, subject to applicable
13provisions of law, execute and discharge the powers and duties
14of the Agency. The Executive Director shall have hiring power
15and shall appoint (a) a Library Facilities Operations Director;
16and (b) a Director of the Library. The Executive Director shall
17appoint those other employees of the Agency as he or she deems
18appropriate and shall fix the compensation of the Library
19Facilities Operations Director, the Director of the Library and
20other employees. The Executive Director may make provision to:
21establish and collect admission and registration fees, operate
22a gift shop, and publish and sell educational and informational
23materials.
 
24    Section 1-35. Executive Director; exchange historical

 

 

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1records. The Executive Director of the Agency shall make all
2necessary rules, regulations, and bylaws not inconsistent with
3law to carry into effect the purposes of this Act and to
4procure from time to time as may be possible and practicable,
5at reasonable costs, all books, pamphlets, manuscripts,
6monographs, writings, and other material of historical
7interest and useful to the historian bearing upon the
8political, physical, religious, or social history of the State
9of Illinois from the earliest known period of time. The
10Executive Director of the Agency may, with the consent of the
11Board, exchange any books, pamphlets, manuscripts, records or
12other materials which such library may acquire that are of no
13historical interest or for any reason are of no value to it,
14with any other library, school or historical society. The
15Executive Director shall distribute volumes of the series known
16as the Illinois Historical Collections now in print, and to be
17printed, to all who may apply for same and who pay to the
18Library and Museum for such volumes an amount fixed by the
19Executive Director sufficient to cover the expenses of printing
20and distribution of each volume received by such applicants.
21However, the Executive Director shall have authority to furnish
2225 of each of the volumes of the Illinois Historical
23Collections, free of charge, to each of the authors and editors
24of the Collections or parts thereof; to furnish, as in his or
25her discretion he or she deems necessary or desirable, a
26reasonable number of each of the volumes of the Collections

 

 

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1without charge to archives, libraries and similar institutions
2from which material has been drawn or assistance has been given
3in the preparation of such Collections, and to the officials
4thereof, to furnish, as in his or her discretion he or she
5deems necessary or desirable, a reasonable number of each of
6the volumes of the Collections without charge to the University
7of Illinois Library and to instructors and officials of that
8University, and to public libraries in the State of Illinois.
9The Executive Director may, with the consent of the Board, also
10make exchanges of the Historical Collections with any other
11library, school or historical society, and distribute volumes
12of the Collections for review purposes.
 
13    Section 1-40. Illinois State Historian; appointment. The
14Executive Director, with the advice and consent of the Board,
15shall appoint the Illinois State Historian, who shall provide
16historical expertise, support, and service on civic engagement
17to educators and not-for-profit educational groups, including
18historical societies. The State Historian is the State's
19leading authority on the history of Illinois.
 
20    Section 1-45. State Historian; historical records. The
21State Historian shall establish and supervise a program within
22the Agency designed to preserve as historical records selected
23past editions of newspapers of this State. Such editions shall
24be preserved in accordance with industry standards. The

 

 

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1negatives of microphotographs and other materials shall be
2stored in a place provided by the Agency.
3    The State Historian shall determine on the basis of
4historical value the various newspaper edition files which
5shall be preserved and shall arrange a schedule for such
6preservation. The State Historian shall supervise the making of
7arrangements for acquiring access to past edition files with
8the editors or publishers of the various newspapers.
9    The method of microphotography to be employed in this
10program shall conform to the standards established pursuant to
11Section 17 of The State Records Act.
12    Upon payment to the Agency of the required fee, any person
13or organization shall be supplied with any prints requested to
14be made from the newspapers and all records. The fee required
15shall be determined by the State Historian and shall be equal
16in amount to the costs incurred by the Agency in supplying the
17requested prints.
 
18    Section 1-50. Gifts to the Illinois State Historical
19Library. Those programs, collections, and functions heretofore
20administered by the Illinois State Historical Library or the
21Historic Preservation Agency's Historical Library Division
22shall be administered by the Agency. All gifts made
23specifically to the Illinois State Historical Library shall
24remain at all times within the Agency.
 

 

 

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1    Section 1-55. Director of the Library; historical
2collections. The Director of the Library shall make all
3necessary rules, regulations, and bylaws not inconsistent with
4law to carry into effect the purpose of this Act and to procure
5from time to time as may be possible and practicable, at
6reasonable costs, all books, pamphlets, manuscripts,
7monographs, writings, and other material of historical
8interest and useful to the historian bearing upon the
9political, physical, religious, or social history of the State
10of Illinois from the earliest known period of time. The
11Director of the Library may exchange any books, pamphlets,
12manuscripts, records or other material which the Library may
13acquire that are of no historical interest of for any reason
14are of no value to it, with another library, school, or
15historical society. The Director of the Library shall
16distribute volumes of the series known as the Illinois
17Historical Collections now in print, and to be printed, to all
18who may apply for same and who pay to the Library for such
19volumes an amount fixed by the Director sufficient to cover the
20expenses of printing and distributing each volume received by
21such applicants. However, the Director of the Library shall
22have authority to furnish 25 of each of the volumes of the
23Illinois Historical Collections, free of charge, to each of the
24authors and editors of the Collections or parts thereof, to
25furnish, as in his or her discretion he or she deems necessary
26or desirable, a reasonable number of each of the volumes of the

 

 

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1Collections without charge to archives, libraries and similar
2institutions from which materials has been drawn or assistance
3has been given in the preparation of such Collections, and to
4the officials thereof, and to furnish, as in his or her
5discretion he or she deems necessary or desirable, a reasonable
6number of each of the volumes of the Collections without charge
7to the University of Illinois Library and to instructors and
8officials of that University, and to the public libraries in
9the State of Illinois. The Director of the Library may also
10make exchanges of the Historical Collections with any other
11library, school, or historical society, and distribute volumes
12of the Collections for review purposes.
 
13    Section 1-60. State Historical Library. The rights,
14powers, and duties vested by law in the State Historical
15Library or any office, division or bureau thereof are hereby
16transferred to the Abraham Lincoln Presidential Library and
17Museum.
 
18    Section 1-65. Separation from the Historic Preservation
19Agency. On the effective date of this Act, all of the powers,
20duties, assets, liabilities, employees, contracts, property
21(real and personal), including any items formerly contained in
22the Illinois State Historical Library now presently held in the
23Abraham Lincoln Presidential Library and Museum, records,
24pending business, and unexpended appropriations of the

 

 

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1Historic Preservation Agency related to the administration and
2enforcement of Sections 17, 32, and 33 of the Historic
3Preservation Agency Act are transferred to the Agency created
4under this Act. The status and rights of the transferred
5employees, and the rights of the State of Illinois and its
6agencies, under the Personnel Code and applicable collective
7bargaining agreements or under any pension, retirement, or
8annuity plan are not affected (except as provided in Sections
914-110 and 18-127 of the Illinois Pension Code) by that
10transfer or by any other provision of this Act. Staff hired on
11or after the effective date of this Act shall not be subject to
12the Personnel Code or any applicable collective bargaining
13agreement.
 
14
Article II.

 
15    Section 2-5. The Dickson Mounds State Memorial Act is
16amended by changing Section 1 as follows:
 
17    (20 ILCS 1125/1)  (from Ch. 105, par. 468m)
18    Sec. 1. Jurisdiction of the Dickson Mounds State Memorial,
19together with all records and personal property used in
20connection therewith, is transferred to the Historic
21Preservation Agency Department of Natural Resources, to be
22operated by that Agency Department as part of the Illinois
23State Museum.

 

 

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1(Source: P.A. 89-445, eff. 2-7-96.)
 
2    Section 2-10. The Historic Preservation Agency Act is
3amended by changing Sections 2, 3, 4, 5, 5.1, 6, 11, 12, 13,
414, 15, 16, 22, and 34 and by adding Sections 36 and 37 as
5follows:
 
6    (20 ILCS 3405/2)  (from Ch. 127, par. 2702)
7    Sec. 2. For the purposes of this Act:
8    (a) "Agency" means the Historic Preservation Agency;
9    (b) "Board" means the Board of Trustees of the Historic
10Preservation Agency;
11    (c) "Director" means the Executive Director of the Historic
12Sites and Preservation Agency;
13    (d) (Blank) "Advisory Board" means the Advisory Board of
14the Lincoln Presidential Library and Museum;
15    (e) (Blank) "Lincoln Presidential Library" means the
16Abraham Lincoln Presidential Library and Museum;
17    (f) (Blank) "Library Director" means the Director of the
18Lincoln Presidential Library; and
19    (g) (Blank). "Historic Sites and Preservation Division"
20means that part of the Agency that is headed by the Director of
21Historic Sites and Preservation.
22(Source: P.A. 92-600, eff. 7-1-02.)
 
23    (20 ILCS 3405/3)  (from Ch. 127, par. 2703)

 

 

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1    Sec. 3. (a) There is hereby created within the Executive
2Branch of State government the Historic Preservation Agency.
3    (b) The Agency shall be under the direction of a Board of
4Trustees, which shall be composed of 7 members appointed by the
5Governor, by and with the consent of the Senate. No more than 4
6members of the Board shall be of the same political party. The
7Governor shall designate one member of the Board to serve as
8Chairman. In making the initial appointments to the Board after
9the effective date of this Act, the Governor shall designate
10three members, all of whom shall have been members of the Board
11of Trustees of the Illinois State Historical Library on March
1228, 1985, to serve until the third Monday in January, 1986, or
13until their successors are appointed and qualified and two
14members to serve until the first Monday in January, 1987, or
15until their successors are appointed and qualified. In making
16the initial appointments of the additional members of the Board
17required by this amendatory Act of 1990, the Governor shall
18designate 1 member to serve until the third Monday in January,
191991 and 1 member to serve until the third Monday in January
201992. Thereafter, their successors shall be appointed to serve
21for two year terms expiring on the third Monday in January and
22until their successors are appointed and qualified.
23    (c) The members of the Board shall receive no compensation
24for their services, except for their actual expenses while in
25the discharge of their official duties.
26    (d) Four members of the Board shall constitute a quorum to

 

 

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1do business and the concurrence of at least 4 members shall be
2necessary for a decision.
3    (e) The Board shall employ and fix the compensation of the
4Director and such other agents or employees as it considers
5necessary to carry out the purposes of this Act.
6    (f) The terms of all currently serving members of the Board
7of Trustees are ended on the effective date of this amendatory
8Act of the 99th General Assembly. The Governor shall fill the
9vacancies created under this subsection (f) as provided for in
10subsection (b) of this Section, except that the appointments
11made under this subsection (f) shall be for the balance of the
12unexpired terms of the vacancies created on the effective date
13of this amendatory Act of the 99th General Assembly.
14(Source: P.A. 86-1336.)
 
15    (20 ILCS 3405/4)  (from Ch. 127, par. 2704)
16    Sec. 4. Executive Director. The Governor shall appoint,
17with the advice and consent of the Senate, the head of the
18Historic Preservation Agency, who shall be known as the
19Executive Director of the Historic Preservation Agency. The
20Board shall be responsible for setting and determining policy
21for the Agency. The Agency shall consist of: (1) an Abraham
22Lincoln Presidential Library and Museum and (2) a Historic
23Sites and Preservation Division. Except as otherwise provided
24in this Act, any reference in any other Act to the Historic
25Preservation Agency shall be deemed to be a reference to the

 

 

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1Historic Sites and Preservation Division and any reference in
2any other Act to the Director of Historic Preservation shall be
3deemed to be a reference to the Executive Director of the
4Historic Preservation Agency Sites and Preservation, unless
5the context clearly indicates otherwise.
6    The Board shall appoint a chief executive officer of the
7Agency who shall be known as the Director of Historic Sites and
8Preservation. The Executive Director shall serve at the
9pleasure of the Governor Board. The Executive Director shall,
10subject to applicable provisions of law, execute the powers and
11discharge the duties vested in the Historic Sites and
12Preservation Division of the Agency by law and implement the
13policies set by the Board. The Board shall be responsible for
14setting and determining policy for the Agency. The Executive
15Director shall manage the Historic Sites and Preservation
16Division of the Agency. The Executive Director, with the
17concurrence of the Board, shall appoint Division Chiefs, if
18needed, and the Deputy Director of the Historic Sites and
19Preservation Division of the Agency. Subject to concurrence by
20the Board, the The Executive Director shall appoint such other
21employees of the Historic Sites and Preservation Division of
22the Agency as he or she deems appropriate and shall fix the
23compensation of such Division Chiefs, if any, the Deputy
24Director and other employees. The Board shall appoint the
25Illinois State Historian, who shall provide historical
26expertise, support, and service to all divisions of the

 

 

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1Historic Preservation Agency. The State Historian is the
2State's authority on Abraham Lincoln and the history of
3Illinois.
4    The position of Director of the Historic Sites and
5Preservation Division of the Agency shall become vacant on the
6effective date of this amendatory Act of the 99th General
7Assembly, and shall not be filled thereafter.
8(Source: P.A. 92-600, eff. 7-1-02.)
 
9    (20 ILCS 3405/5)  (from Ch. 127, par. 2705)
10    Sec. 5. The rights, powers and duties vested by law in the
11State Historical Library or any office, division or bureau
12thereof by the Historical Sites Listing Act and all rights,
13powers, and duties incidental thereto are transferred to the
14Historic Sites and Preservation Division of the Historic
15Preservation Agency.
16(Source: P.A. 92-600, eff. 7-1-02.)
 
17    (20 ILCS 3405/5.1)  (from Ch. 127, par. 2705.1)
18    Sec. 5.1. The powers, duties and authority granted to the
19Department of Conservation pursuant to the provisions of
20Section 63a21.2 of the Civil Administrative Code of Illinois
21(renumbered; now Section 805-315 of the Department of Natural
22Resources (Conservation) Law, 20 ILCS 805/805-315) to offer a
23cash incentive to a qualified bidder for the development,
24construction and supervision of a concession complex at

 

 

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1Lincoln's New Salem State Park are transferred to the Historic
2Sites and Preservation Division of the Historic Preservation
3Agency.
4(Source: P.A. 91-239, eff. 1-1-00; 92-600, eff. 7-1-02.)
 
5    (20 ILCS 3405/6)  (from Ch. 127, par. 2706)
6    Sec. 6. Jurisdiction. The Historic Sites and Preservation
7Division of the Agency shall have jurisdiction over the
8following described areas which are hereby designated as State
9Historic Sites, State Memorials, and Miscellaneous Properties:
 
10
State Historic Sites
11    Bishop Hill State Historic Site, Henry County;
12    Black Hawk State Historic Site, Rock Island County;
13    Bryant Cottage State Historic Site, Piatt County;
14    Buel House, Pope County;
15    Cahokia Courthouse State Historic Site, St. Clair County;
16    Cahokia Mounds State Historic Site, in Madison and St.
17        Clair Counties (however, the Illinois State Museum
18        shall act as curator of artifacts pursuant to the
19        provisions of the Archaeological and Paleontological
20        Resources Protection Act);
21    Dana-Thomas House State Historic Site, Sangamon County;
22    David Davis Mansion State Historic Site, McLean County;
23    Douglas Tomb State Historic Site, Cook County;
24    Fort de Chartres State Historic Site, Randolph County;

 

 

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1    Fort Kaskaskia State Historic Site, Randolph County;
2    Grand Village of the Illinois, LaSalle County;
3    U. S. Grant Home State Historic Site, Jo Daviess County;
4    Hotel Florence, Cook County;
5    Jarrot Mansion State Historic Site, St. Clair County;
6    Jubilee College State Historic Site, Peoria County;
7    Lincoln-Herndon Law Offices State Historic Site, Sangamon
8        County;
9    Lincoln Log Cabin State Historic Site, Coles County;
10    Lincoln's New Salem State Historic Site, Menard County;
11    Lincoln Tomb State Historic Site, Sangamon County;
12    Pierre Menard Home State Historic Site, Randolph County;
13    Metamora Courthouse State Historic Site, Woodford County;
14    Moore Home State Historic Site, Coles County;
15    Mount Pulaski Courthouse State Historic Site, Logan
16        County;
17    Old Market House State Historic Site, Jo Daviess County;
18    Old State Capitol State Historic Site, Sangamon County;
19    Postville Courthouse State Historic Site, Logan County;
20    Pullman Factory, Cook County;
21    Rose Hotel, Hardin County;
22    Carl Sandburg State Historic Site, Knox County;
23    Shawneetown Bank State Historic Site, Gallatin County;
24    Vachel Lindsay Home, Sangamon County;
25    Vandalia State House State Historic Site, Fayette County;
26        and

 

 

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1    Washburne House State Historic Site, Jo Daviess County.
 
2
State Memorials
3    Campbell's Island State Memorial, Rock Island County;
4    Governor Bond State Memorial, Randolph County;
5    Governor Coles State Memorial, Madison County;
6    Governor Horner State Memorial, Cook County;
7    Governor Small State Memorial, Kankakee County;
8    Illinois Vietnam Veterans State Memorial, Sangamon County;
9    Kaskaskia Bell State Memorial, Randolph County;
10    Korean War Memorial, Sangamon County;
11    Lewis and Clark State Memorial, Madison County;
12    Lincoln Monument State Memorial, Lee County;
13    Lincoln Trail State Memorial, Lawrence County;
14    Lovejoy State Memorial, Madison County;
15    Norwegian Settlers State Memorial, LaSalle County; and
16    Wild Bill Hickok State Memorial, LaSalle County.
 
17
Miscellaneous Properties
18    Albany Mounds, Whiteside County;
19    Emerald Mound, St. Clair County;
20    Halfway Tavern, Marion County;
21    Hofmann Tower, Cook County; and
22    Kincaid Mounds, Massac and Pope Counties.
23(Source: P.A. 92-600, eff. 7-1-02.)
 

 

 

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1    (20 ILCS 3405/11)  (from Ch. 127, par. 2711)
2    Sec. 11. The Historic Sites and Preservation Division of
3the Agency shall exercise all rights, powers and duties vested
4in the Department of Conservation by the "Illinois Historic
5Preservation Act", approved August 14, 1976, as amended.
6(Source: P.A. 92-600, eff. 7-1-02.)
 
7    (20 ILCS 3405/12)  (from Ch. 127, par. 2712)
8    Sec. 12. The Historic Sites and Preservation Division of
9the Agency shall exercise all rights, powers and duties vested
10in the Department of Conservation by Section 63a34 of the Civil
11Administrative Code of Illinois (renumbered; now Section
12805-220 of the Department of Natural Resources (Conservation)
13Law, 20 ILCS 805/805-220).
14(Source: P.A. 91-239, eff. 1-1-00; 92-600, eff. 7-1-02.)
 
15    (20 ILCS 3405/13)  (from Ch. 127, par. 2713)
16    Sec. 13. The Historic Sites and Preservation Division of
17the Agency shall exercise all rights, powers and duties vested
18in the Department of Conservation by "An Act relating to the
19planning, acquisition and development of outdoor recreation
20resources and facilities, and authorizing the participation by
21the State of Illinois its political subdivisions and qualified
22participants in programs of Federal assistance relating
23thereto", approved July 6, 1965, as amended, solely as it
24relates to the powers, rights, duties and obligations

 

 

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1heretofore exercised by the Department of Conservation over
2historically significant properties and interests of the
3State.
4(Source: P.A. 92-600, eff. 7-1-02.)
 
5    (20 ILCS 3405/14)  (from Ch. 127, par. 2714)
6    Sec. 14. The Historic Sites and Preservation Division of
7the Agency shall exercise all rights, powers and duties set
8forth in Sections 10-40 through 10-85 of the Property Tax Code.
9(Source: P.A. 92-600, eff. 7-1-02.)
 
10    (20 ILCS 3405/15)  (from Ch. 127, par. 2715)
11    Sec. 15. The Historic Sites and Preservation Division of
12the Agency shall exercise all rights, powers and duties vested
13in the Department of Conservation by Section 4-201.5 of the
14"Illinois Highway Code", approved June 8, 1959, as amended,
15solely as it relates to access to historic sites and memorials
16designated pursuant to this Act.
17(Source: P.A. 92-600, eff. 7-1-02.)
 
18    (20 ILCS 3405/16)  (from Ch. 127, par. 2716)
19    Sec. 16. The Historic Sites and Preservation Division of
20the Agency shall have the following additional powers:
21    (a) To hire agents and employees necessary to carry out the
22duties and purposes of the Historic Sites and Preservation
23Division of the Agency.

 

 

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

 

 

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1controlled by the Historic Sites and Preservation Division of
2the Agency for the construction, operation and maintenance
3upon, under or across the property, of facilities for water,
4sewage, telephone, telegraph, electric, gas, or other public
5service, subject to the terms and conditions as may be
6determined by the Agency.
7    (f) To authorize the officers, employees and agents of the
8Historic Sites and Preservation Division of the Agency, for the
9purposes of investigation and to exercise the rights, powers,
10and duties vested and that may be vested in it, to enter and
11cross all lands and waters in this State, doing no damage to
12private property.
13    (g) To transfer jurisdiction of or exchange any realty
14under the control of the Historic Sites and Preservation
15Division of the Agency to any other Department of the State
16Government, or to any agency of the Federal Government, or to
17acquire or accept Federal lands, when any transfer, exchange,
18acquisition or acceptance is advantageous to the State and is
19approved in writing by the Governor.
20    (h) To erect, supervise, and maintain all public monuments
21and memorials erected by the State, except when the supervision
22and maintenance of public monuments and memorials is otherwise
23provided by law.
24    (i) To accept, hold, maintain, and administer, as trustee,
25property given in trust for educational or historic purposes
26for the benefit of the People of the State of Illinois and to

 

 

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1dispose, with the consent of the Board, of any property under
2the terms of the instrument creating the trust.
3    (j) To lease concessions on any property under the
4jurisdiction of the Agency for a period not exceeding 25 years
5and to lease a concession complex at Lincoln's New Salem State
6Historic Site for which a cash incentive has been authorized
7under Section 5.1 of the Historic Preservation Agency Act for a
8period not to exceed 40 years. All leases, for whatever period,
9shall be made subject to the written approval of the Governor.
10All concession leases extending for a period in excess of 10
11years, will contain provisions for the Agency to participate,
12on a percentage basis, in the revenues generated by any
13concession operation.
14    The Agency is authorized to allow for provisions for a
15reserve account and a leasehold account within Agency
16concession lease agreements for the purpose of setting aside
17revenues for the maintenance, rehabilitation, repair,
18improvement, and replacement of the concession facility,
19structure, and equipment of the Agency that are part of the
20leased premises.
21    The lessee shall be required to pay into the reserve
22account a percentage of gross receipts, as set forth in the
23lease, to be set aside and expended in a manner acceptable to
24the Agency by the concession lessee for the purpose of ensuring
25that an appropriate amount of the lessee's moneys are provided
26by the lessee to satisfy the lessee's incurred responsibilities

 

 

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1for the operation of the concession facility under the terms
2and conditions of the concession lease.
3    The lessee account shall allow for the amortization of
4certain authorized expenses that are incurred by the concession
5lessee but that are not an obligation of the lessee under the
6terms and conditions of the lease agreement. The Agency may
7allow a reduction of up to 50% of the monthly rent due for the
8purpose of enabling the recoupment of the lessee's authorized
9expenditures during the term of the lease.
10    (k) To sell surplus agricultural products grown on land
11owned by or under the jurisdiction of the Historic Sites and
12Preservation Division of the Agency, when the products cannot
13be used by the Agency.
14    (l) To enforce the laws of the State and the rules and
15regulations of the Agency in or on any lands owned, leased, or
16managed by the Historic Sites and Preservation Division of the
17Agency.
18    (m) To cooperate with private organizations and agencies of
19the State of Illinois by providing areas and the use of staff
20personnel where feasible for the sale of publications on the
21historic and cultural heritage of the State and craft items
22made by Illinois craftsmen. These sales shall not conflict with
23existing concession agreements. The Historic Sites and
24Preservation Division of the Agency is authorized to negotiate
25with the organizations and agencies for a portion of the monies
26received from sales to be returned to the Historic Sites and

 

 

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1Preservation Division of the Agency's Historic Sites Fund for
2the furtherance of interpretive and restoration programs.
3    (n) To establish local bank or savings and loan association
4accounts, upon the written authorization of the Director, to
5temporarily hold income received at any of its properties. The
6local accounts established under this Section shall be in the
7name of the Historic Preservation Agency and shall be subject
8to regular audits. The balance in a local bank or savings and
9loan association account shall be forwarded to the Agency for
10deposit with the State Treasurer on Monday of each week if the
11amount to be deposited in a fund exceeds $500.
12    No bank or savings and loan association shall receive
13public funds as permitted by this Section, unless it has
14complied with the requirements established under Section 6 of
15the Public Funds Investment Act.
16    (o) To accept, with the consent of the Board, offers of
17gifts, gratuities, or grants from the federal government, its
18agencies, or offices, or from any person, firm, or corporation.
19    (p) To make reasonable rules and regulations as may be
20necessary to discharge the duties of the Agency.
21    (q) With appropriate cultural organizations, to further
22and advance the goals of the Agency.
23    (r) To make grants for the purposes of planning, survey,
24rehabilitation, restoration, reconstruction, landscaping, and
25acquisition of Illinois properties (i) designated individually
26in the National Register of Historic Places, (ii) designated as

 

 

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1a landmark under a county or municipal landmark ordinance, or
2(iii) located within a National Register of Historic Places
3historic district or a locally designated historic district
4when the Director determines that the property is of historic
5significance whenever an appropriation is made therefor by the
6General Assembly or whenever gifts or grants are received for
7that purpose and to promulgate regulations as may be necessary
8or desirable to carry out the purposes of the grants.
9    Grantees may, as prescribed by rule, be required to provide
10matching funds for each grant. Grants made under this
11subsection shall be known as Illinois Heritage Grants.
12    Every owner of a historic property, or the owner's agent,
13is eligible to apply for a grant under this subsection.
14    (s) To establish and implement a pilot program for charging
15admission to State historic sites. Fees may be charged for
16special events, admissions, and parking or any combination;
17fees may be charged at all sites or selected sites. All fees
18shall be deposited into the Illinois Historic Sites Fund. The
19Historic Sites and Preservation Division of the Agency shall
20have the discretion to set and adjust reasonable fees at the
21various sites, taking into consideration various factors
22including but not limited to: cost of services furnished to
23each visitor, impact of fees on attendance and tourism and the
24costs expended collecting the fees. The Agency shall keep
25careful records of the income and expenses resulting from the
26imposition of fees, shall keep records as to the attendance at

 

 

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1each historic site, and shall report to the Governor and
2General Assembly by January 31 after the close of each year.
3The report shall include information on costs, expenses,
4attendance, comments by visitors, and any other information the
5Agency may believe pertinent, including:
6        (1) Recommendations as to whether fees should be
7    continued at each State historic site.
8        (2) How the fees should be structured and imposed.
9        (3) Estimates of revenues and expenses associated with
10    each site.
11    (t) To provide for overnight tent and trailer campsites and
12to provide suitable housing facilities for student and juvenile
13overnight camping groups. The Historic Sites and Preservation
14Division of the Agency shall charge rates similar to those
15charged by the Department of Conservation for the same or
16similar facilities and services.
17    (u) To engage in marketing activities designed to promote
18the sites and programs administered by the Agency. In
19undertaking these activities, the Agency may take all necessary
20steps with respect to products and services, including but not
21limited to retail sales, wholesale sales, direct marketing,
22mail order sales, telephone sales, advertising and promotion,
23purchase of product and materials inventory, design, printing
24and manufacturing of new products, reproductions, and
25adaptations, copyright and trademark licensing and royalty
26agreements, and payment of applicable taxes. In addition, the

 

 

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1Agency shall have the authority to sell advertising in its
2publications and printed materials. All income from marketing
3activities shall be deposited into the Illinois Historic Sites
4Fund.
5(Source: P.A. 95-140, eff. 1-1-08.)
 
6    (20 ILCS 3405/22)
7    Sec. 22. Amistad Commission.
8    (a) Purpose. The General Assembly finds and declares that
9all people should know of and remember the human carnage and
10dehumanizing atrocities committed during the period of the
11African slave trade and slavery in America and of the vestiges
12of slavery in this country; and it is in fact vital to educate
13our citizens on these events, the legacy of slavery, the sad
14history of racism in this country, and the principles of human
15rights and dignity in a civilized society.
16    It is the policy of the State of Illinois that the history
17of the African slave trade, slavery in America, the depth of
18their impact in our society, and the triumphs of
19African-Americans and their significant contributions to the
20development of this country is the proper concern of all
21people, particularly students enrolled in the schools of the
22State of Illinois.
23    It is therefore desirable to create a Commission that, as
24an organized body and on a continuous basis, will survey,
25design, encourage, and promote the implementation of education

 

 

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

 

 

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1        (i) 2 members appointed by the President of the Senate
2    and one member appointed by the Minority Leader of the
3    Senate;
4        (ii) 2 members appointed by the Speaker of the House of
5    Representatives and one member appointed by the Minority
6    Leader of the House of Representatives; and
7        (iii) 6 members, no more than 4 of whom shall be of the
8    same political party, appointed by the Governor.
9    The public members shall be residents of this State, chosen
10with due regard to broad geographic representation and ethnic
11diversity, who have served actively in organizations that
12educate the public on the history of the African slave trade,
13the contributions of African-Americans to our society, and
14civil rights issues.
15    Each public member of the Commission shall serve for a term
16of 3 years, except that of the initial members so appointed:
17one member appointed by the President of the Senate, one member
18appointed by the Speaker of the House of Representatives, and 2
19members appointed by the Governor shall serve for terms of one
20year; the member appointed by the Minority Leader of the
21Senate, one member appointed by the Speaker of the House of
22Representatives, and 2 members appointed by the Governor shall
23serve for terms of 2 years; and one member appointed by the
24President of the Senate, the member appointed by the Minority
25Leader of the House of Representatives, and 2 members appointed
26by the Governor shall serve for terms of 3 years. Public

 

 

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

 

 

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1without compensation, but shall be entitled to reimbursement
2for all necessary expenses incurred in the performance of their
3official duties as members of the Commission from funds
4appropriated for that purpose. Reimbursement for travel,
5meals, and lodging shall be in accordance with the rules of the
6Governor's Travel Control Board.
7    (i) Duties. The Commission shall have the following
8responsibilities and duties:
9        (1) To provide, based upon the collective interest of
10    the members and the knowledge and experience of the
11    members, assistance and advice to schools within the State
12    with respect to the implementation of education, awareness
13    programs, textbooks, and educational materials concerned
14    with the African slave trade, slavery in America, the
15    vestiges of slavery in this country, and the contributions
16    of African-Americans to our society.
17        (2) To survey and catalog the extent and breadth of
18    education concerning the African slave trade, slavery in
19    America, the vestiges of slavery in this country, and the
20    contributions of African-Americans to our society
21    presently being incorporated into the curricula and
22    textbooks and taught in the school systems of the State; to
23    inventory those African slave trade, American slavery, or
24    relevant African-American history memorials, exhibits, and
25    resources that should be incorporated into courses of study
26    at educational institutions, schools, and various other

 

 

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1    locations throughout the State; and to assist the State
2    Board of Education and other State and educational agencies
3    in the development and implementation of African slave
4    trade, American slavery, and African-American history
5    education programs.
6        (3) To act as a liaison with textbook publishers,
7    schools, public, private, and nonprofit resource
8    organizations, and members of the United States Senate and
9    House of Representatives and the Illinois Senate and House
10    of Representatives in order to facilitate the inclusion of
11    the history of African slavery and of African-Americans in
12    this country in the curricula of public and nonpublic
13    schools.
14        (4) To compile a roster of individual volunteers who
15    are willing to share their knowledge and experience in
16    classrooms, seminars, and workshops with students and
17    teachers on the subject of the African slave trade,
18    American slavery, the impact of slavery on our society
19    today, and the contributions of African-Americans to our
20    country.
21        (5) To coordinate events memorializing the African
22    slave trade, American slavery, and the history of
23    African-Americans in this country that reflect the
24    contributions of African-Americans in overcoming the
25    burdens of slavery and its vestiges, and to seek volunteers
26    who are willing and able to participate in commemorative

 

 

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1    events that will enhance student awareness of the
2    significance of the African slave trade, American slavery,
3    its historical impact, and the struggle for freedom.
4        (6) To prepare reports for the Governor and the General
5    Assembly regarding its findings and recommendations on
6    facilitating the inclusion of the African slave trade,
7    American slavery studies, African-American history, and
8    special programs in the educational system of the State.
9        (7) To develop, in consultation with the State Board of
10    Education, curriculum guidelines that will be made
11    available to every school board for the teaching of
12    information on the African slave trade, slavery in America,
13    the vestiges of slavery in this country, and the
14    contributions of African-Americans to our country.
15        (8) To solicit, receive, and accept appropriations,
16    gifts, and donations for Commission operations and
17    programs authorized under this Section.
18    (j) Commission requests for assistance. The Commission is
19authorized to call upon any department, office, division, or
20agency of the State, or of any county, municipality, or school
21district of the State, to supply such data, program reports,
22and other information, appropriate school personnel, and
23assistance as it deems necessary to discharge its
24responsibilities under this Act. These departments, offices,
25divisions, and agencies shall, to the extent possible and not
26inconsistent with any other law of this State, cooperate with

 

 

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1the Commission and shall furnish it with such information,
2appropriate school personnel, and assistance as may be
3necessary or helpful to accomplish the purposes of this Act.
4    (k) State Board of Education assistance. The State Board of
5Education shall:
6        (1) Assist the Amistad Commission in marketing and
7    distributing to educators, administrators, and school
8    districts in the State educational information and other
9    materials on the African slave trade, slavery in America,
10    the vestiges of slavery in this country, and the
11    contributions of African-Americans to our society.
12        (2) Conduct at least one teacher workshop annually on
13    the African slave trade, slavery in America, the vestiges
14    of slavery in this country, and the contributions of
15    African-Americans to our society.
16        (3) Assist the Amistad Commission in monitoring the
17    inclusion of slavery materials and curricula in the State's
18    educational system.
19        (4) Consult with the Amistad Commission to determine
20    ways it may survey, catalog, and extend slave trade and
21    American slavery education presently being taught in the
22    State's educational system.
23    The State Board of Education may, subject to the
24availability of appropriations, hire additional staff and
25consultants to carry out the duties and responsibilities
26provided within this subsection (k).

 

 

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1    (l) Report. The Commission shall report its activities and
2findings, as required under subsection (i), to the Governor and
3General Assembly on or before June 30, 2006, and biannually
4thereafter.
5(Source: P.A. 94-285, eff. 7-21-05.)
 
6    (20 ILCS 3405/34)
7    Sec. 34. Internal Auditor. There is created the Office of
8the Internal Auditor of the Historic Preservation Agency. The
9Internal Auditor shall be appointed by the Board, shall serve
10at the pleasure of the Board, and shall report to the Board.
11The Internal Auditor shall audit and maintain the financial
12books, records, papers, and transactions of the Lincoln
13Presidential Library and the Historic Sites and Preservation
14Division of the Historic Preservation Agency. The Internal
15Auditor shall prepare an annual report for each fiscal year of
16the operations of the Historic Preservation Agency, which shall
17be submitted to the Board, the General Assembly, and the
18Governor. Nothing in this Section shall abridge the authority
19of the Illinois Auditor General to independently audit the
20Illinois Historic Preservation Agency or any of the libraries,
21divisions, or offices contained within the Agency.
22(Source: P.A. 92-600, eff. 7-1-02.)
 
23    (20 ILCS 3405/36 new)
24    Sec. 36. Powers of the State Museum. In addition to its

 

 

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1other powers and duties, the Agency shall have the following
2powers and duties which shall be performed by the State Museum:
3        (1) To investigate and study the natural resources of
4    the State and to prepare printed reports and furnish
5    information fundamental to the conservation and
6    development of natural resources and for that purpose the
7    officers and employees thereof may, pursuant to rule
8    adopted by the Agency, enter and cross all lands in this
9    State, doing no damage to private property.
10        (2) To cooperate with and advise departments having
11    administrative powers and duties relating to the natural
12    resources of the State, and to cooperate with similar
13    departments in other states and with the United States
14    Government.
15        (3) To cooperate with the Illinois State Academy of
16    Science and to publish a suitable number of the results of
17    the investigations and research in the field of natural
18    science to the end that the same may be distributed to the
19    interested public.
20        (4) To maintain a State Museum, and to collect and
21    preserve objects of scientific and artistic value,
22    representing past and present fauna and flora, the life and
23    work of man, geological history, natural resources, and
24    manufacturing and the fine arts; and to interpret for and
25    educate the public concerning the foregoing.
26        (5) To cooperate with the Illinois State Museum Society

 

 

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1    for the mutual benefit of the Museum and the Society, with
2    the Museum furnishing necessary space for the Society to
3    carry on its functions and keep its records, and, upon the
4    recommendation of the Museum Director with the approval of
5    the Board of State Museum Advisors and the Executive
6    Director of the Agency, to enter into agreements with the
7    Illinois State Museum Society for the operation of a sales
8    counter and other concessions for the mutual benefit of the
9    Museum and the Society.
10        (6) To accept grants of property and to hold property
11    to be administered as part of the State Museum for the
12    purpose of preservation, research or interpretation of
13    significant areas within the State for the purpose of
14    preserving, studying and interpreting archaeological and
15    natural phenomena.
16        (7) To contribute to and support the operations,
17    programs and capital development of public museums in this
18    State. For the purposes of this Section, "public museum"
19    means a facility: (A) that is operating for the purposes of
20    promoting cultural development through special activities
21    or programs or through performing arts that are performed
22    in an indoor setting, and acquiring, conserving,
23    preserving, studying, interpreting, enhancing, and in
24    particular, organizing and continuously exhibiting
25    specimens, artifacts, articles, documents and other things
26    of historical, anthropological, archaeological,

 

 

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1    industrial, scientific or artistic import, to the public
2    for its instruction and enjoyment, and (B) that either (i)
3    is operated by or located upon land owned by a unit of
4    local government or (ii) is a museum that has an annual
5    attendance of at least 150,000 and offers educational
6    programs to school groups during school hours. A museum is
7    eligible to receive funds for capital development under
8    this subdivision (7) only if it is operated by or located
9    upon land owned by a unit of local government or if it is
10    certified by a unit of local government in which it is
11    located as a public museum meeting the criteria of this
12    Section. Recipients of funds for capital development under
13    this subdivision (7) shall match State funds with local or
14    private funding according to the following:
15            (a) for a public museum with an attendance of
16        300,000 or less during the preceding calendar year, no
17        match is required;
18            (b) for a public museum with an attendance of over
19        300,000 but less than 600,000 during the preceding
20        calendar year, the match must be at a ratio of $1 from
21        local and private funds for every $1 in State funds;
22        and
23            (c) for a public museum with an attendance of over
24        600,000 during the preceding calendar year, the match
25        must be at a ratio of $2 from local and private funds
26        for every $1 in State funds.

 

 

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1        The Agency shall formulate rules and regulations
2    relating to the allocation of any funds appropriated by the
3    General Assembly for the purpose of contributing to the
4    support of public museums in this State.
5        (8) To perform all other duties and assume all
6    obligations of the former Department of Energy and Natural
7    Resources and the former Department of Registration and
8    Education pertaining to the State Museum.
9        (9) This Section is a recodification of the former
10    Section 1-25 of the Department of Natural Resources Act,
11    and shall be interpreted in the same manner as that section
12    when it was codified within the Department of Natural
13    Resources Act, except where the context requires
14    otherwise.
 
15    (20 ILCS 3405/37 new)
16    Sec. 37. State Museum. The Historical Preservation Agency
17shall have within it the office of the Illinois State Museum.
18The Board of the Illinois State Museum is retained as the
19governing board for the State Museum.
20    (a) Within the Agency there shall be a Board of the
21Illinois State Museum, composed of 11 persons, one of whom
22shall be a senior citizen age 60 or over. The Board shall be
23composed of 9 representatives of the natural sciences,
24anthropology, art, and business, qualified by at least 10 years
25of experience in practicing or teaching their several

 

 

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1professions; one senior citizen; and the Executive Director of
2the Historic Preservation Agency or his or her designee.
3Members of the Board shall be appointed by the Governor with
4the advice and consent of the Senate and shall serve for 2-year
5terms.
6    The transfer of the Board to the Agency under this
7amendatory Act of the 99th General Assembly does not terminate
8or otherwise affect the term of membership of any member of the
9Board, except that the Director of Natural Resources is
10replaced by the Executive Director of the Historic Preservation
11Agency.
12    The Board shall:
13        (1) advise the Executive Director of the Agency in all
14    matters pertaining to maintenance, extension and
15    usefulness of the Illinois State Museum;
16        (2) make recommendations concerning the appointment of
17    a new museum director whenever a vacancy occurs in that
18    position;
19        (3) fix the salaries of the administrative,
20    scientific, and technical staff of the Illinois State
21    Museum; and
22        (4) review the budget and approve budget requests of
23    the Illinois State Museum and make recommendations with
24    reference thereto to the Governor through the Executive
25    Director of the Agency.
26    (c) The approval of the Board of the Illinois State Museum

 

 

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1is necessary for the appointment of the administrative,
2scientific, and technical staff of the Illinois State Museum
3and for the making of any change in the salary of any person on
4that staff.
5    (d) The Agency may set by administrative rule an entrance
6fee for visitors to the Illinois State Museum. The fee assessed
7by this Section shall be deposited into the Illinois State
8Museum Fund for the Agency to use to support the Illinois State
9Museum. The monies deposited into the Illinois State Museum
10Fund under this Section shall not be subject to administrative
11charges or chargebacks unless otherwise authorized by this Act.
12    (e) The Illinois State Museum shall set aside a booth or
13section of the gift shop for the sale of products manufactured
14in the United States. As used in this Section, "products
15manufactured in the United States" means assembled articles,
16materials, or supplies for which design, final assembly,
17processing, packaging, testing, or other process that adds
18value, quality, or reliability occurred in the United States.
19    (f) Subsections (a) through (e) of this Section are a
20recodification of the former Article 20 of the Department of
21Natural Resources Act, and shall be interpreted in the same
22manner as when they were codified within the Department of
23Natural Resources Act, except where the context requires
24otherwise.
25    (g) On the effective date of this amendatory Act of the
2699th General Assembly, the Illinois State Museum and all

 

 

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1powers, duties, functions, and responsibilities thereof, are
2hereby transferred to the Historic Preservation Agency.
3    (h) The personnel of the office of the Illinois State
4Museum are hereby transferred to the Historic Preservation
5Agency. The status and rights of the transferred employees, and
6the rights of the State of Illinois and its agencies, under the
7Personnel Code and applicable collective bargaining agreements
8or under any pension, retirement, or annuity plan are not
9affected (except as provided in Sections 14-110 and 18-127 of
10the Illinois Pension Code) by the transfer or by any other of
11provision of this Act.
12    (i) All books, records, papers, documents, property (real
13and personal), contracts, causes of action, and pending
14business pertaining to the powers, duties, rights, and
15responsibilities of the Illinois State Museum transferred by
16this amendatory Act, including, but not limited to, the Alan J.
17Dixon Building and the Illinois State Museum Research and
18Collections Center in Springfield, the Dickson Mounds State
19Memorial in Lewiston, the Illinois State Museum Lockport
20Gallery in Lockport, the Illinois State Museum Chicago Gallery
21and Illinois Artisans in Chicago, and the Southern Illinois Art
22and Artisans Center in Whittington, together with material in
23electronic or magnetic format and necessary computer hardware
24and software, shall be transferred with the Illinois State
25Museum.
26    (j) All unexpended appropriations and balances and other

 

 

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1funds available for use by the Illinois State Museum within the
2Department of Natural Resources shall be transferred for use by
3the Historic Preservation Agency pursuant to the direction of
4the Governor. Unexpended balances so transferred shall be
5expended only for the purpose for which the appropriations were
6originally made.
7    (k) The powers, duties, rights, and responsibilities
8transferred from the Illinois State Museum within the
9Department of Natural Resources by this amendatory Act shall be
10vested in and shall be exercised by the Illinois State Museum
11within the Historic Preservation Agency.
12    (l) Whenever reports or notices are now required to be made
13or given or papers or documents furnished or served by any
14person to or upon the Illinois State Museum within the
15Department of Natural Resources in connection with any of the
16powers, duties, rights, and responsibilities transferred by
17this amendatory Act, the same shall be made, given, furnished,
18or served in the same manner to or upon the Illinois State
19Museum within the Historic Preservation Agency.
20    (m) This amendatory Act does not affect any act done,
21ratified, or canceled or any right occurring or established or
22any action or proceeding had or commenced in an administrative,
23civil, or criminal cause by the Illinois State Museum within
24the Department of Natural Resources before this amendatory Act
25takes effect; such actions or proceedings may be prosecuted and
26continued by the Illinois State Museum within the Historic

 

 

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1Preservation Agency.
2    (n) Any rules of the Illinois State Museum within the
3Department of Natural Resources that relate to its powers,
4duties, rights, and responsibilities and are in full force on
5the effective date of this amendatory Act shall become the
6rules of the Illinois State Museum within the Historic
7Preservation Agency. This amendatory Act does not affect the
8legality of any such rules in the Illinois Administrative Code.
9    Any proposed rules filed with the Secretary of State by the
10Illinois State Museum within the Department of Natural
11Resources that are pending in the rulemaking process on the
12effective date of this amendatory Act and pertain to the
13powers, duties, rights, and responsibilities transferred,
14shall be deemed to have been filed by the Illinois State Museum
15within the Historic Preservation Agency. As soon as practicable
16hereafter, the Illinois State Museum shall revise and clarify
17the rules transferred to it under this amendatory Act to
18reflect the reorganization of powers, duties, rights, and
19responsibilities affected by this amendatory Act, using the
20procedures for recodification of rules available under the
21Illinois Administrative Procedure Act, except that existing
22title, part, and section numbering for the affected rules may
23be retained. The Illinois State Museum may propose and adopt
24under the Illinois Administrative Procedure Act such other
25rules of the Illinois State Museum within the Department of
26Natural Resources that will now be administered by the Illinois

 

 

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1State Museum within the Historic Preservation Agency.
 
2    Section 2-15. The Illinois Historic Preservation Act is
3amended by changing Section 3 as follows:
 
4    (20 ILCS 3410/3)  (from Ch. 127, par. 133d3)
5    Sec. 3. There is recognized and established hereunder the
6Illinois Historic Sites Advisory Council, previously
7established pursuant to Federal regulations, hereafter called
8the Council. The Council shall consist of 15 members. Of these,
9there shall be at least 3 historians, at least 3 architectural
10historians, or architects with a preservation background, and
11at least 3 archeologists. The remaining 6 members shall be
12drawn from supporting fields and have a preservation interest.
13Supporting fields shall include but not be limited to
14historical geography, law, urban planning, local government
15officials, and members of other preservation commissions. All
16shall be appointed by the Director of Historic Sites and
17Preservation, with the consent of the Board.
18    The Council Chairperson shall be appointed by the Executive
19Director of the Historic Preservation Agency Sites and
20Preservation from the Council membership and shall serve at the
21Director's pleasure.
22    The Executive Director of the Abraham Lincoln Presidential
23Library and Museum and the Director of the Illinois State
24Museum shall serve on the Council in advisory capacity as

 

 

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1non-voting members.
2    Terms of membership shall be 3 years and shall be staggered
3by the Director to assure continuity of representation.
4    The Council shall meet at least 3 times each year.
5Additional meetings may be held at the call of the chairperson
6or at the call of the Director.
7    Members shall serve without compensation, but shall be
8reimbursed for actual expenses incurred in the performance of
9their duties.
10(Source: P.A. 97-785, eff. 7-13-12.)
 
11    Section 2-20. The State Historical Library Act is amended
12by changing Section 5.1 as follows:
 
13    (20 ILCS 3425/5.1)  (from Ch. 128, par. 16.1)
14    Sec. 5.1. The State Historian shall establish and supervise
15a program within the Abraham Lincoln Presidential Library and
16Museum designed to preserve as historical records selected past
17editions of newspapers of this State. Such editions shall be
18preserved in accordance with industry standards
19microphotographed. The negatives of such microphotographs and
20other materials shall be stored in a place provided by the
21Abraham Lincoln Presidential Library and Museum.
22    The State Historian shall determine on the basis of
23historical value the various newspaper edition files which
24shall be preserved microphotographed and shall arrange a

 

 

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1schedule for such preservation microphotographing. The State
2Historian shall supervise the making of arrangements for
3acquiring access to past edition files with the editors or
4publishers of the various newspapers.
5    The method of microphotography to be employed in this
6program shall conform to the standards established pursuant to
7Section 17 of "The State Records Act", approved July 6, 1957.
8    Upon payment to the Abraham Lincoln Presidential Library
9and Museum of the required fee, any person or organization
10shall be supplied with any prints requested to be made from the
11newspapers and all records. negatives of the microphotographs.
12The fee required shall be determined by the State Historian and
13shall be equal in amount to the cost incurred by the Abraham
14Lincoln Presidential Library and Museum in supplying the
15requested prints.
16(Source: P.A. 92-600, eff. 7-1-02.)
 
17    Section 2-25. The Old State Capitol Act is amended by
18changing Section 1 as follows:
 
19    (20 ILCS 3430/1)  (from Ch. 123, par. 52)
20    Sec. 1. As used in this Act,
21    (a) "Old State Capitol Complex" means the old State capitol
22reconstructed under the "1961 Act" in Springfield and includes
23space also occupied by the Abraham Lincoln Presidential Library
24and Museum and an underground parking garage;

 

 

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1    (b) "1961 Act" means "An Act providing for the
2reconstruction and restoration of the old State Capitol at
3Springfield and providing for the custody thereof", approved
4August 24, 1961, as amended;
5    (c) "Board of Trustees" means the Board of Trustees of the
6Historic Preservation Agency Advisory Board.
7(Source: P.A. 92-600, eff. 7-1-02.)
 
8    Section 2-30. The Illinois Municipal Code is amended by
9changing Section 11-48-1 as follows:
 
10    (65 ILCS 5/11-48-1)  (from Ch. 24, par. 11-48-1)
11    Sec. 11-48-1. The city council or board of trustees of
12every city, incorporated town or village may, by order or
13resolution authorize and direct to be transferred to the
14Abraham Lincoln Presidential Library and Museum, the State
15Archives or to the State University Library at Urbana,
16Illinois, or to any historical society duly incorporated and
17located within their respective counties, such official
18papers, drawings, maps, writings and records of every
19description as may be deemed of historic interest or value, and
20as may be in the custody of any officer of such county, city,
21incorporated town or village. Accurate copies of the same when
22so transferred shall be substituted for the original when in
23the judgment of such city council or board of trustees the same
24may be deemed necessary.

 

 

09900SB1728ham001- 53 -LRB099 05858 JWD 36210 a

1(Source: P.A. 92-600, eff. 7-1-02.)
 
2    Section 2-35. The Liquor Control Act of 1934 is amended by
3changing Section 6-15 as follows:
 
4    (235 ILCS 5/6-15)  (from Ch. 43, par. 130)
5    Sec. 6-15. No alcoholic liquors shall be sold or delivered
6in any building belonging to or under the control of the State
7or any political subdivision thereof except as provided in this
8Act. The corporate authorities of any city, village,
9incorporated town, township, or county may provide by
10ordinance, however, that alcoholic liquor may be sold or
11delivered in any specifically designated building belonging to
12or under the control of the municipality, township, or county,
13or in any building located on land under the control of the
14municipality, township, or county; provided that such township
15or county complies with all applicable local ordinances in any
16incorporated area of the township or county. Alcoholic liquor
17may be delivered to and sold under the authority of a special
18use permit on any property owned by a conservation district
19organized under the Conservation District Act, provided that
20(i) the alcoholic liquor is sold only at an event authorized by
21the governing board of the conservation district, (ii) the
22issuance of the special use permit is authorized by the local
23liquor control commissioner of the territory in which the
24property is located, and (iii) the special use permit

 

 

09900SB1728ham001- 54 -LRB099 05858 JWD 36210 a

1authorizes the sale of alcoholic liquor for one day or less.
2Alcoholic liquors may be delivered to and sold at any airport
3belonging to or under the control of a municipality of more
4than 25,000 inhabitants, or in any building or on any golf
5course owned by a park district organized under the Park
6District Code, subject to the approval of the governing board
7of the district, or in any building or on any golf course owned
8by a forest preserve district organized under the Downstate
9Forest Preserve District Act, subject to the approval of the
10governing board of the district, or on the grounds within 500
11feet of any building owned by a forest preserve district
12organized under the Downstate Forest Preserve District Act
13during times when food is dispensed for consumption within 500
14feet of the building from which the food is dispensed, subject
15to the approval of the governing board of the district, or in a
16building owned by a Local Mass Transit District organized under
17the Local Mass Transit District Act, subject to the approval of
18the governing Board of the District, or in Bicentennial Park,
19or on the premises of the City of Mendota Lake Park located
20adjacent to Route 51 in Mendota, Illinois, or on the premises
21of Camden Park in Milan, Illinois, or in the community center
22owned by the City of Loves Park that is located at 1000 River
23Park Drive in Loves Park, Illinois, or, in connection with the
24operation of an established food serving facility during times
25when food is dispensed for consumption on the premises, and at
26the following aquarium and museums located in public parks: Art

 

 

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1Institute of Chicago, Chicago Academy of Sciences, Chicago
2Historical Society, Field Museum of Natural History, Museum of
3Science and Industry, DuSable Museum of African American
4History, John G. Shedd Aquarium and Adler Planetarium, or at
5Lakeview Museum of Arts and Sciences in Peoria, or in
6connection with the operation of the facilities of the Chicago
7Zoological Society or the Chicago Horticultural Society on land
8owned by the Forest Preserve District of Cook County, or on any
9land used for a golf course or for recreational purposes owned
10by the Forest Preserve District of Cook County, subject to the
11control of the Forest Preserve District Board of Commissioners
12and applicable local law, provided that dram shop liability
13insurance is provided at maximum coverage limits so as to hold
14the District harmless from all financial loss, damage, and
15harm, or in any building located on land owned by the Chicago
16Park District if approved by the Park District Commissioners,
17or on any land used for a golf course or for recreational
18purposes and owned by the Illinois International Port District
19if approved by the District's governing board, or at any
20airport, golf course, faculty center, or facility in which
21conference and convention type activities take place belonging
22to or under control of any State university or public community
23college district, provided that with respect to a facility for
24conference and convention type activities alcoholic liquors
25shall be limited to the use of the convention or conference
26participants or participants in cultural, political or

 

 

09900SB1728ham001- 56 -LRB099 05858 JWD 36210 a

1educational activities held in such facilities, and provided
2further that the faculty or staff of the State university or a
3public community college district, or members of an
4organization of students, alumni, faculty or staff of the State
5university or a public community college district are active
6participants in the conference or convention, or in Memorial
7Stadium on the campus of the University of Illinois at
8Urbana-Champaign during games in which the Chicago Bears
9professional football team is playing in that stadium during
10the renovation of Soldier Field, not more than one and a half
11hours before the start of the game and not after the end of the
12third quarter of the game, or in the Pavilion Facility on the
13campus of the University of Illinois at Chicago during games in
14which the Chicago Storm professional soccer team is playing in
15that facility, not more than one and a half hours before the
16start of the game and not after the end of the third quarter of
17the game, or in the Pavilion Facility on the campus of the
18University of Illinois at Chicago during games in which the
19WNBA professional women's basketball team is playing in that
20facility, not more than one and a half hours before the start
21of the game and not after the 10-minute mark of the second half
22of the game, or by a catering establishment which has rented
23facilities from a board of trustees of a public community
24college district, or in a restaurant that is operated by a
25commercial tenant in the North Campus Parking Deck building
26that (1) is located at 1201 West University Avenue, Urbana,

 

 

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1Illinois and (2) is owned by the Board of Trustees of the
2University of Illinois, or, if approved by the District board,
3on land owned by the Metropolitan Sanitary District of Greater
4Chicago and leased to others for a term of at least 20 years.
5Nothing in this Section precludes the sale or delivery of
6alcoholic liquor in the form of original packaged goods in
7premises located at 500 S. Racine in Chicago belonging to the
8University of Illinois and used primarily as a grocery store by
9a commercial tenant during the term of a lease that predates
10the University's acquisition of the premises; but the
11University shall have no power or authority to renew, transfer,
12or extend the lease with terms allowing the sale of alcoholic
13liquor; and the sale of alcoholic liquor shall be subject to
14all local laws and regulations. After the acquisition by
15Winnebago County of the property located at 404 Elm Street in
16Rockford, a commercial tenant who sold alcoholic liquor at
17retail on a portion of the property under a valid license at
18the time of the acquisition may continue to do so for so long
19as the tenant and the County may agree under existing or future
20leases, subject to all local laws and regulations regarding the
21sale of alcoholic liquor. Alcoholic liquors may be delivered to
22and sold at Memorial Hall, located at 211 North Main Street,
23Rockford, under conditions approved by Winnebago County and
24subject to all local laws and regulations regarding the sale of
25alcoholic liquor. Each facility shall provide dram shop
26liability in maximum insurance coverage limits so as to save

 

 

09900SB1728ham001- 58 -LRB099 05858 JWD 36210 a

1harmless the State, municipality, State university, airport,
2golf course, faculty center, facility in which conference and
3convention type activities take place, park district, Forest
4Preserve District, public community college district,
5aquarium, museum, or sanitary district from all financial loss,
6damage or harm. Alcoholic liquors may be sold at retail in
7buildings of golf courses owned by municipalities or Illinois
8State University in connection with the operation of an
9established food serving facility during times when food is
10dispensed for consumption upon the premises. Alcoholic liquors
11may be delivered to and sold at retail in any building owned by
12a fire protection district organized under the Fire Protection
13District Act, provided that such delivery and sale is approved
14by the board of trustees of the district, and provided further
15that such delivery and sale is limited to fundraising events
16and to a maximum of 6 events per year. However, the limitation
17to fundraising events and to a maximum of 6 events per year
18does not apply to the delivery, sale, or manufacture of
19alcoholic liquors at the building located at 59 Main Street in
20Oswego, Illinois, owned by the Oswego Fire Protection District
21if the alcoholic liquor is sold or dispensed as approved by the
22Oswego Fire Protection District and the property is no longer
23being utilized for fire protection purposes.
24    Alcoholic liquors may be served or sold in buildings under
25the control of the Board of Trustees of the University of
26Illinois for events that the Board may determine are public

 

 

09900SB1728ham001- 59 -LRB099 05858 JWD 36210 a

1events and not related student activities. The Board of
2Trustees shall issue a written policy within 6 months of the
3effective date of this amendatory Act of the 95th General
4Assembly concerning the types of events that would be eligible
5for an exemption. Thereafter, the Board of Trustees may issue
6revised, updated, new, or amended policies as it deems
7necessary and appropriate. In preparing its written policy, the
8Board of Trustees shall, among other factors it considers
9relevant and important, give consideration to the following:
10(i) whether the event is a student activity or student related
11activity; (ii) whether the physical setting of the event is
12conducive to control of liquor sales and distribution; (iii)
13the ability of the event operator to ensure that the sale or
14serving of alcoholic liquors and the demeanor of the
15participants are in accordance with State law and University
16policies; (iv) regarding the anticipated attendees at the
17event, the relative proportion of individuals under the age of
1821 to individuals age 21 or older; (v) the ability of the venue
19operator to prevent the sale or distribution of alcoholic
20liquors to individuals under the age of 21; (vi) whether the
21event prohibits participants from removing alcoholic beverages
22from the venue; and (vii) whether the event prohibits
23participants from providing their own alcoholic liquors to the
24venue. In addition, any policy submitted by the Board of
25Trustees to the Illinois Liquor Control Commission must require
26that any event at which alcoholic liquors are served or sold in

 

 

09900SB1728ham001- 60 -LRB099 05858 JWD 36210 a

1buildings under the control of the Board of Trustees shall
2require the prior written approval of the Office of the
3Chancellor for the University campus where the event is
4located. The Board of Trustees shall submit its policy, and any
5subsequently revised, updated, new, or amended policies, to the
6Illinois Liquor Control Commission, and any University event,
7or location for an event, exempted under such policies shall
8apply for a license under the applicable Sections of this Act.
9    Alcoholic liquors may be served or sold in buildings under
10the control of the Board of Trustees of Northern Illinois
11University for events that the Board may determine are public
12events and not student-related activities. The Board of
13Trustees shall issue a written policy within 6 months after
14June 28, 2011 (the effective date of Public Act 97-45)
15concerning the types of events that would be eligible for an
16exemption. Thereafter, the Board of Trustees may issue revised,
17updated, new, or amended policies as it deems necessary and
18appropriate. In preparing its written policy, the Board of
19Trustees shall, in addition to other factors it considers
20relevant and important, give consideration to the following:
21(i) whether the event is a student activity or student-related
22activity; (ii) whether the physical setting of the event is
23conducive to control of liquor sales and distribution; (iii)
24the ability of the event operator to ensure that the sale or
25serving of alcoholic liquors and the demeanor of the
26participants are in accordance with State law and University

 

 

09900SB1728ham001- 61 -LRB099 05858 JWD 36210 a

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

 

 

09900SB1728ham001- 62 -LRB099 05858 JWD 36210 a

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

 

 

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1that the sale or serving of alcoholic liquors and the demeanor
2of the participants are in accordance with State law and
3University policies; (iv) the anticipated attendees at the
4event and the relative proportion of individuals under the age
5of 21 to individuals age 21 or older; (v) the ability of the
6venue operator to prevent the sale or distribution of alcoholic
7liquors to individuals under the age of 21; (vi) whether the
8event prohibits participants from removing alcoholic beverages
9from the venue; and (vii) whether the event prohibits
10participants from providing their own alcoholic liquors to the
11venue.
12    Alcoholic liquor may be delivered to and sold at retail in
13the Dorchester Senior Business Center owned by the Village of
14Dolton if the alcoholic liquor is sold or dispensed only in
15connection with organized functions for which the planned
16attendance is 20 or more persons, and if the person or facility
17selling or dispensing the alcoholic liquor has provided dram
18shop liability insurance in maximum limits so as to hold
19harmless the Village of Dolton and the State from all financial
20loss, damage and harm.
21    Alcoholic liquors may be delivered to and sold at retail in
22any building used as an Illinois State Armory provided:
23        (i) the Adjutant General's written consent to the
24    issuance of a license to sell alcoholic liquor in such
25    building is filed with the Commission;
26        (ii) the alcoholic liquor is sold or dispensed only in

 

 

09900SB1728ham001- 64 -LRB099 05858 JWD 36210 a

1    connection with organized functions held on special
2    occasions;
3        (iii) the organized function is one for which the
4    planned attendance is 25 or more persons; and
5        (iv) the facility selling or dispensing the alcoholic
6    liquors has provided dram shop liability insurance in
7    maximum limits so as to save harmless the facility and the
8    State from all financial loss, damage or harm.
9    Alcoholic liquors may be delivered to and sold at retail in
10the Chicago Civic Center, provided that:
11        (i) the written consent of the Public Building
12    Commission which administers the Chicago Civic Center is
13    filed with the Commission;
14        (ii) the alcoholic liquor is sold or dispensed only in
15    connection with organized functions held on special
16    occasions;
17        (iii) the organized function is one for which the
18    planned attendance is 25 or more persons;
19        (iv) the facility selling or dispensing the alcoholic
20    liquors has provided dram shop liability insurance in
21    maximum limits so as to hold harmless the Civic Center, the
22    City of Chicago and the State from all financial loss,
23    damage or harm; and
24        (v) all applicable local ordinances are complied with.
25    Alcoholic liquors may be delivered or sold in any building
26belonging to or under the control of any city, village or

 

 

09900SB1728ham001- 65 -LRB099 05858 JWD 36210 a

1incorporated town where more than 75% of the physical
2properties of the building is used for commercial or
3recreational purposes, and the building is located upon a pier
4extending into or over the waters of a navigable lake or stream
5or on the shore of a navigable lake or stream. In accordance
6with a license issued under this Act, alcoholic liquor may be
7sold, served, or delivered in buildings and facilities under
8the control of the Department of Natural Resources during
9events or activities lasting no more than 7 continuous days
10upon the written approval of the Director of Natural Resources
11acting as the controlling government authority. The Director of
12Natural Resources may specify conditions on that approval,
13including but not limited to requirements for insurance and
14hours of operation. Notwithstanding any other provision of this
15Act, alcoholic liquor sold by a United States Army Corps of
16Engineers or Department of Natural Resources concessionaire
17who was operating on June 1, 1991 for on-premises consumption
18only is not subject to the provisions of Articles IV and IX.
19Beer and wine may be sold on the premises of the Joliet Park
20District Stadium owned by the Joliet Park District when written
21consent to the issuance of a license to sell beer and wine in
22such premises is filed with the local liquor commissioner by
23the Joliet Park District. Beer and wine may be sold in
24buildings on the grounds of State veterans' homes when written
25consent to the issuance of a license to sell beer and wine in
26such buildings is filed with the Commission by the Department

 

 

09900SB1728ham001- 66 -LRB099 05858 JWD 36210 a

1of Veterans' Affairs, and the facility shall provide dram shop
2liability in maximum insurance coverage limits so as to save
3the facility harmless from all financial loss, damage or harm.
4Such liquors may be delivered to and sold at any property owned
5or held under lease by a Metropolitan Pier and Exposition
6Authority or Metropolitan Exposition and Auditorium Authority.
7    Beer and wine may be sold and dispensed at professional
8sporting events and at professional concerts and other
9entertainment events conducted on premises owned by the Forest
10Preserve District of Kane County, subject to the control of the
11District Commissioners and applicable local law, provided that
12dram shop liability insurance is provided at maximum coverage
13limits so as to hold the District harmless from all financial
14loss, damage and harm.
15    Nothing in this Section shall preclude the sale or delivery
16of beer and wine at a State or county fair or the sale or
17delivery of beer or wine at a city fair in any otherwise lawful
18manner.
19    Alcoholic liquors may be sold at retail in buildings in
20State parks under the control of the Department of Natural
21Resources, provided:
22        a. the State park has overnight lodging facilities with
23    some restaurant facilities or, not having overnight
24    lodging facilities, has restaurant facilities which serve
25    complete luncheon and dinner or supper meals,
26        b. (blank), and

 

 

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1        c. the alcoholic liquors are sold by the State park
2    lodge or restaurant concessionaire only during the hours
3    from 11 o'clock a.m. until 12 o'clock midnight.
4    Notwithstanding any other provision of this Act, alcoholic
5    liquor sold by the State park or restaurant concessionaire
6    is not subject to the provisions of Articles IV and IX.
7    Alcoholic liquors may be sold at retail in buildings on
8properties under the control of the Historic Sites and
9Preservation Division of the Historic Preservation Agency or
10the Abraham Lincoln Presidential Library and Museum provided:
11        a. the property has overnight lodging facilities with
12    some restaurant facilities or, not having overnight
13    lodging facilities, has restaurant facilities which serve
14    complete luncheon and dinner or supper meals,
15        b. consent to the issuance of a license to sell
16    alcoholic liquors in the buildings has been filed with the
17    commission by the Historic Sites and Preservation Division
18    of the Historic Preservation Agency or the Abraham Lincoln
19    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

 

 

09900SB1728ham001- 68 -LRB099 05858 JWD 36210 a

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

 

 

09900SB1728ham001- 69 -LRB099 05858 JWD 36210 a

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;

 

 

09900SB1728ham001- 70 -LRB099 05858 JWD 36210 a

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 Historic Sites and Preservation Division of
22the Historic Preservation Agency or the Abraham Lincoln
23Presidential Library and Museum where the delivery, sale or
24dispensing is by (1) an agency of the State, whether
25legislative, judicial or executive, provided that such agency
26first obtains written permission to sell or dispense alcoholic

 

 

09900SB1728ham001- 71 -LRB099 05858 JWD 36210 a

1liquors from a controlling government authority, or by (2) an
2individual or organization provided that such individual or
3organization:
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 Historic
19Sites and Preservation Division of the Historic Preservation
20Agency shall be the Executive Director of the Historic Sites
21and Preservation Agency, and the controlling government
22authority for the Abraham Lincoln Presidential Library and
23Museum shall be the Executive Director of the Abraham Lincoln
24Presidential Library and Museum.
25    Alcoholic liquors may be delivered to and sold at retail or
26dispensed for consumption at the Michael Bilandic Building at

 

 

09900SB1728ham001- 72 -LRB099 05858 JWD 36210 a

1160 North LaSalle Street, Chicago IL 60601, after the normal
2business hours of any day care or child care facility located
3in the building, by (1) a commercial tenant or subtenant
4conducting business on the premises under a lease made pursuant
5to Section 405-315 of the Department of Central Management
6Services Law (20 ILCS 405/405-315), provided that such tenant
7or subtenant who accepts delivery of, sells, or dispenses
8alcoholic liquors shall procure and maintain dram shop
9liability insurance in maximum coverage limits and in which the
10carrier agrees to defend, indemnify, and save harmless the
11State of Illinois from all financial loss, damage, or harm
12arising out of the delivery, sale, or dispensing of alcoholic
13liquors, or by (2) an agency of the State, whether legislative,
14judicial, or executive, provided that such agency first obtains
15written permission to accept delivery of and sell or dispense
16alcoholic liquors from the Director of Central Management
17Services, or by (3) a not-for-profit organization, provided
18that such organization:
19        a. obtains written consent from the Department of
20    Central Management Services;
21        b. accepts delivery of and sells or dispenses the
22    alcoholic liquors in a manner that does not impair normal
23    operations of State offices located in the building;
24        c. accepts delivery of and sells or dispenses alcoholic
25    liquors only in connection with an official activity in the
26    building; and

 

 

09900SB1728ham001- 73 -LRB099 05858 JWD 36210 a

1        d. provides, or its catering service provides, dram
2    shop liability insurance in maximum coverage limits and in
3    which the carrier agrees to defend, save harmless, and
4    indemnify the State of Illinois from all financial loss,
5    damage, or harm arising out of the selling or dispensing of
6    alcoholic liquors.
7    Nothing in this Act shall prevent a not-for-profit
8organization or agency of the State from employing the services
9of a catering establishment for the selling or dispensing of
10alcoholic liquors at functions authorized by the Director of
11Central Management Services.
12    Alcoholic liquors may be sold at retail or dispensed at the
13James R. Thompson Center in Chicago, subject to the provisions
14of Section 7.4 of the State Property Control Act, and 222 South
15College Street in Springfield, Illinois by (1) a commercial
16tenant or subtenant conducting business on the premises under a
17lease or sublease made pursuant to Section 405-315 of the
18Department of Central Management Services Law (20 ILCS
19405/405-315), provided that such tenant or subtenant who sells
20or dispenses alcoholic liquors shall procure and maintain dram
21shop liability insurance in maximum coverage limits and in
22which the carrier agrees to defend, indemnify and save harmless
23the State of Illinois from all financial loss, damage or harm
24arising out of the sale or dispensing of alcoholic liquors, or
25by (2) an agency of the State, whether legislative, judicial or
26executive, provided that such agency first obtains written

 

 

09900SB1728ham001- 74 -LRB099 05858 JWD 36210 a

1permission to sell or dispense alcoholic liquors from the
2Director of Central Management Services, or by (3) a
3not-for-profit organization, provided that such organization:
4        a. Obtains written consent from the Department of
5    Central Management Services;
6        b. Sells or dispenses the alcoholic liquors in a manner
7    that does not impair normal operations of State offices
8    located in the building;
9        c. Sells or dispenses alcoholic liquors only in
10    connection with an official activity in the building;
11        d. Provides, or its catering service provides, dram
12    shop liability insurance in maximum coverage limits and in
13    which the carrier agrees to defend, save harmless and
14    indemnify the State of Illinois from all financial loss,
15    damage or harm arising out of the selling or dispensing of
16    alcoholic liquors.
17    Nothing in this Act shall prevent a not-for-profit
18organization or agency of the State from employing the services
19of a catering establishment for the selling or dispensing of
20alcoholic liquors at functions authorized by the Director of
21Central Management Services.
22    Alcoholic liquors may be sold or delivered at any facility
23owned by the Illinois Sports Facilities Authority provided that
24dram shop liability insurance has been made available in a
25form, with such coverage and in such amounts as the Authority
26reasonably determines is necessary.

 

 

09900SB1728ham001- 75 -LRB099 05858 JWD 36210 a

1    Alcoholic liquors may be sold at retail or dispensed at the
2Rockford State Office Building by (1) an agency of the State,
3whether legislative, judicial or executive, provided that such
4agency first obtains written permission to sell or dispense
5alcoholic liquors from the Department of Central Management
6Services, or by (2) a not-for-profit organization, provided
7that such organization:
8        a. Obtains written consent from the Department of
9    Central Management Services;
10        b. Sells or dispenses the alcoholic liquors in a manner
11    that does not impair normal operations of State offices
12    located in the building;
13        c. Sells or dispenses alcoholic liquors only in
14    connection with an official activity in the building;
15        d. Provides, or its catering service provides, dram
16    shop liability insurance in maximum coverage limits and in
17    which the carrier agrees to defend, save harmless and
18    indemnify the State of Illinois from all financial loss,
19    damage or harm arising out of the selling or dispensing of
20    alcoholic liquors.
21    Nothing in this Act shall prevent a not-for-profit
22organization or agency of the State from employing the services
23of a catering establishment for the selling or dispensing of
24alcoholic liquors at functions authorized by the Department of
25Central Management Services.
26    Alcoholic liquors may be sold or delivered in a building

 

 

09900SB1728ham001- 76 -LRB099 05858 JWD 36210 a

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

 

 

09900SB1728ham001- 77 -LRB099 05858 JWD 36210 a

1limits so as to save harmless the library district from all
2financial loss, damage, or harm.
3    Alcoholic liquors may be sold or delivered in buildings
4owned by the Community Building Complex Committee of Boone
5County, Illinois if the person or facility selling or
6dispensing the alcoholic liquor has provided dram shop
7liability insurance with coverage and in amounts that the
8Committee reasonably determines are necessary.
9    Alcoholic liquors may be sold or delivered in the building
10located at 1200 Centerville Avenue in Belleville, Illinois and
11occupied by either the Belleville Area Special Education
12District or the Belleville Area Special Services Cooperative.
13    Alcoholic liquors may be delivered to and sold at the Louis
14Joliet Renaissance Center, City Center Campus, located at 214
15N. Ottawa Street, Joliet, and the Food Services/Culinary Arts
16Department facilities, Main Campus, located at 1215 Houbolt
17Road, Joliet, owned by or under the control of Joliet Junior
18College, Illinois Community College District No. 525.
19    Alcoholic liquors may be delivered to and sold at Triton
20College, Illinois Community College District No. 504.
21    Alcoholic liquors may be delivered to and sold at the
22College of DuPage, Illinois Community College District No. 502.
23    Alcoholic liquors may be delivered to and sold at the
24building located at 446 East Hickory Avenue in Apple River,
25Illinois, owned by the Apple River Fire Protection District,
26and occupied by the Apple River Community Association if the

 

 

09900SB1728ham001- 78 -LRB099 05858 JWD 36210 a

1alcoholic liquor is sold or dispensed only in connection with
2organized functions approved by the Apple River Community
3Association for which the planned attendance is 20 or more
4persons and if the person or facility selling or dispensing the
5alcoholic liquor has provided dram shop liability insurance in
6maximum limits so as to hold harmless the Apple River Fire
7Protection District, the Village of Apple River, and the Apple
8River Community Association from all financial loss, damage,
9and harm.
10    Alcoholic liquors may be delivered to and sold at the Sikia
11Restaurant, Kennedy King College Campus, located at 740 West
1263rd Street, Chicago, and at the Food Services in the Great
13Hall/Washburne Culinary Institute Department facility, Kennedy
14King College Campus, located at 740 West 63rd Street, Chicago,
15owned by or under the control of City Colleges of Chicago,
16Illinois Community College District No. 508.
17(Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51,
18eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11;
1997-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff.
203-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; 98-692, eff.
217-1-14; 98-756, eff. 7-16-14; 98-1092, eff. 8-26-14; revised
2210-3-14.)
 
23    (20 ILCS 801/1-25 rep.)
24    (20 ILCS 801/20-5 rep.)
25    (20 ILCS 801/20-10 rep.)

 

 

09900SB1728ham001- 79 -LRB099 05858 JWD 36210 a

1    (20 ILCS 801/20-15 rep.)
2    (20 ILCS 801/20-20 rep.)
3    Section 2-40. The Department of Natural Resources Act is
4amended by repealing Sections 1-25, 20-5, 20-10, 20-15, and
520-20.
 
6    (20 ILCS 3405/17 rep.)
7    (20 ILCS 3405/30 rep.)
8    (20 ILCS 3405/31 rep.)
9    (20 ILCS 3405/32 rep.)
10    (20 ILCS 3405/33 rep.)
11    Section 2-45. The Historic Preservation Agency Act is
12amended by repealing Sections 17, 30, 31, 32, and 33.
 
13    (20 ILCS 3425/4 rep.)
14    Section 2-50. The State Historical Library Act is amended
15by repealing Section 4.
 
16
Article III.

 
17    Section 3-99. Effective date. This Act takes effect upon
18becoming law.".