HB0037ham001 96TH GENERAL ASSEMBLY

State Government Administration Committee

Filed: 3/11/2009

09600HB0037ham001 LRB096 02981 JAM 23316 a

AMENDMENT TO HOUSE BILL 37

AMENDMENT NO. ______. Amend House Bill 37 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Lease of Closed State Properties Act.

Section 5. Definitions. As used in this Act:

"Agency" means the Illinois Historic Preservation Agency.

"Department" means the Department of Natural Resources.

"Local entity" means a unit of local government or public college or university located in Illinois.

Section 10. Lease of closed State properties.

(a) Notwithstanding any other law, the Department and the Agency shall each offer to qualified interested local entities the opportunity to assume the operation and maintenance of any closed State park or closed State historic site, under the Department's or Agency's jurisdiction, through a lease with terms established by the Department or Agency. The Department and Agency may reject any offer and may select an interested local entity after a request for offers or request for proposals process. The Department or Agency may determine that a particular park or site, due to the value of the artifacts or exhibits or due to security issues or other operational concerns, shall not be considered for leasing. The lease shall be awarded to the highest bidder that the Department or Agency deems to be the most qualified to operate and maintain the park or site.

(b) The period of any lease under this Act shall be agreed upon by the parties but may not be for a period less than one year or longer than 5 years. The lease agreement may provide for special care of artifacts or storage of certain artifacts, or exclusion of all artifacts when determined appropriate by the Department or Agency.

(c) All revenues generated by a local entity's operation of a park or site during a lease under this Act shall be retained by that local entity and must be used for the operation, maintenance, or operation and maintenance of that park or site.

(d) Upon expiration or termination of a lease under this Act, the local entity shall be reimbursed by the Department or Agency, as the case may be, for the undepreciated portion of any improvements to the park or site made or paid for by the local entity during the period of the lease. All improvements shall be subject to the advance written approval of the Department or Agency.

(e) This Act is subject to and superseded by any federal law, regulation, condition, or stipulation prohibiting the lease of a park or site.

Section 15. Collective bargaining work. A lessee under this Act shall contract with the State for all work that, if performed by employees of the State, would be performed by employees, as defined in the Illinois Public Labor Relations Act. The State shall be the employer of all non-managerial, non-supervisory, and non-confidential employees, as defined in the Illinois Public Labor Relations Act. Employees performing such work shall be State employees as defined by the Personnel Code. Neither historical representation rights under the Illinois Public Labor Relations Act nor existing collective bargaining agreements shall be disturbed by the lease of a State park or State historic site.

Section 20. Termination. The Department or Agency may terminate a lease if the Department or Agency does not believe the State park or historic site is being adequately maintained or operated or if the Department or Agency is able to resume operation and maintenance of the State park or historic site.

Section 25. Repeal. This Act is repealed December 31, 2014.

Section 99. Effective date. This Act takes effect upon becoming law.".