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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Lease | ||||||
5 | of Closed State Properties Act. | ||||||
6 | Section 5. Definitions. As used in this Act: | ||||||
7 | "Agency" means the Illinois Historic Preservation Agency. | ||||||
8 | "Department" means the Department of Natural Resources. | ||||||
9 | "Local entity" means a unit of local government or public | ||||||
10 | college or university located in Illinois. | ||||||
11 | Section 10. Lease of closed State properties. | ||||||
12 | (a) Notwithstanding any other law, the Department and the | ||||||
13 | Agency shall each offer to qualified interested local entities | ||||||
14 | the opportunity to assume the operation and maintenance of any | ||||||
15 | closed State park or closed State historic site, under the | ||||||
16 | Department's or Agency's jurisdiction, through a lease with | ||||||
17 | terms established by the Department or Agency. However, | ||||||
18 | property that is owned, managed, or leased by the Department | ||||||
19 | and with which there is a federal nexus, as identified by the | ||||||
20 | Department's federal aid coordinator, shall not be eligible to | ||||||
21 | be leased under this Act. In addition, the Department and | ||||||
22 | Agency may reject any offer and may select an interested local |
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1 | entity after a request for offers or request for proposals | ||||||
2 | process. The Department or Agency may determine that a | ||||||
3 | particular park or site, due to the value of the artifacts or | ||||||
4 | exhibits or due to security issues or other operational | ||||||
5 | concerns, shall not be considered for leasing. The lease shall | ||||||
6 | be awarded to the highest bidder that the Department or Agency | ||||||
7 | deems to be the most qualified to operate and maintain the park | ||||||
8 | or site. | ||||||
9 | (b) The lease shall be acceptable to both parties and must, | ||||||
10 | at a minimum, contain provisions: | ||||||
11 | (1) Requiring the local entity to agree to release the | ||||||
12 | State, the Agency, and the Department from any and all | ||||||
13 | liability for damages or injuries arising at the park or | ||||||
14 | site during the lease period. | ||||||
15 | (2) Authorizing the Department or Agency to terminate | ||||||
16 | the lease of a park or site after giving written notice to | ||||||
17 | the local entity at least 60 days before terminating the | ||||||
18 | lease. | ||||||
19 | (3) Establishing a lease term that is at least one year | ||||||
20 | but no more than 3 years in length, and providing an option | ||||||
21 | to extend the lease term, upon the written agreement of all | ||||||
22 | of the parties to the lease, for an additional 2 years. | ||||||
23 | (4) Requiring the local entity to comply with the | ||||||
24 | consultation requirements of the Endangered Species | ||||||
25 | Protection Act, the Illinois Natural Areas Preservation | ||||||
26 | Act, and the Wetlands Protection Act and with all |
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1 | recommendations arising out of a consultation under one or | ||||||
2 | more of those Acts. | ||||||
3 | (5) Prohibiting the local entity from undertaking | ||||||
4 | activities related to road repair or development, tree or | ||||||
5 | brush clearing, trail development, landscaping, wetland | ||||||
6 | draining or filling, excavation, or similar work affecting | ||||||
7 | the landscape and character of the park or site, without | ||||||
8 | the express approval of the Agency or Department. | ||||||
9 | (6) Authorizing the Department or Agency to require the | ||||||
10 | special care of artifacts or storage of certain artifacts, | ||||||
11 | or the exclusion of all artifacts when determined | ||||||
12 | appropriate by the Department or Agency. Human skeletal | ||||||
13 | remains and artifacts shall be turned over to the Illinois | ||||||
14 | State Museum. | ||||||
15 | (7) Authorizing the Agency or the Department to assign | ||||||
16 | any concession leases, service contracts, or activity use | ||||||
17 | agreements to the local entity at the time that the lease | ||||||
18 | is executed. | ||||||
19 | (8) Requiring each new or additional concession lease | ||||||
20 | to be approved in writing by the Agency or Department | ||||||
21 | before the execution of such a lease by the local entity. | ||||||
22 | (9) Requiring the local entity to maintain the property | ||||||
23 | in a manner consistent with its status as a State park or | ||||||
24 | site and as otherwise required by State law. | ||||||
25 | (10) Requiring the local entity to take responsibility | ||||||
26 | for all costs, if any, associated with restoring the park |
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1 | or site to its pre-lease character and condition. | ||||||
2 | (c) All revenues generated by a local entity's operation of | ||||||
3 | a park or site during a lease under this Act shall be retained | ||||||
4 | by that local entity and must be used for the operation, | ||||||
5 | maintenance, or operation and maintenance of that park or site. | ||||||
6 | (d) Upon expiration or termination of a lease under this | ||||||
7 | Act, the local entity shall be reimbursed by the Department or | ||||||
8 | Agency, as the case may be, for the undepreciated portion of | ||||||
9 | any improvements to the park or site made or paid for by the | ||||||
10 | local entity during the period of the lease. All improvements | ||||||
11 | shall be subject to the advance written approval of the | ||||||
12 | Department or Agency. The local entity shall be reimbursed only | ||||||
13 | after establishing, to the satisfaction of the Department or | ||||||
14 | Agency, that (i) the local entity has complied with the lease | ||||||
15 | provision required by subdivision (b)(5) of this Section and | ||||||
16 | (ii) the improvements to the park or site that were made or | ||||||
17 | paid for by the local entity extend beyond the applicable lease | ||||||
18 | period. | ||||||
19 | (e) This Act is subject to and superseded by any federal | ||||||
20 | law, regulation, condition, or stipulation prohibiting the | ||||||
21 | lease of a park or site. | ||||||
22 | Section 15. Collective bargaining work. A lessee under this | ||||||
23 | Act shall contract with the State for all work that, if | ||||||
24 | performed by employees of the State, would be performed by | ||||||
25 | employees, as defined in the Illinois Public Labor Relations |
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1 | Act. The State shall be the employer of all non-managerial, | ||||||
2 | non-supervisory, and non-confidential employees, as defined in | ||||||
3 | the Illinois Public Labor Relations Act. Employees performing | ||||||
4 | such work shall be State employees as defined by the Personnel | ||||||
5 | Code. Neither historical representation rights under the | ||||||
6 | Illinois Public Labor Relations Act nor existing collective | ||||||
7 | bargaining agreements shall be disturbed by the lease of a | ||||||
8 | State park or State historic site. | ||||||
9 | Section 25. Repeal. This Act is repealed December 31, 2014.
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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