Rep. Donald L. Moffitt
Filed: 3/27/2009
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1 | AMENDMENT TO HOUSE BILL 37
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2 | AMENDMENT NO. ______. Amend House Bill 37, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the Lease | ||||||
6 | of Closed State Properties Act. | ||||||
7 | Section 5. Definitions. As used in this Act: | ||||||
8 | "Agency" means the Illinois Historic Preservation Agency. | ||||||
9 | "Department" means the Department of Natural Resources. | ||||||
10 | "Local entity" means a unit of local government or public | ||||||
11 | college or university located in Illinois. | ||||||
12 | Section 10. Lease of closed State properties. | ||||||
13 | (a) Notwithstanding any other law, the Department and the | ||||||
14 | Agency shall each offer to qualified interested local entities | ||||||
15 | the opportunity to assume the operation and maintenance of any |
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1 | closed State park or closed State historic site, under the | ||||||
2 | Department's or Agency's jurisdiction, through a lease with | ||||||
3 | terms established by the Department or Agency. However, | ||||||
4 | property that is owned, managed, or leased by the Department | ||||||
5 | and with which there is a federal nexus, as identified by the | ||||||
6 | Department's federal aid coordinator, shall not be eligible to | ||||||
7 | be leased under this Act. In addition, the Department and | ||||||
8 | Agency may reject any offer and may select an interested local | ||||||
9 | entity after a request for offers or request for proposals | ||||||
10 | process. The Department or Agency may determine that a | ||||||
11 | particular park or site, due to the value of the artifacts or | ||||||
12 | exhibits or due to security issues or other operational | ||||||
13 | concerns, shall not be considered for leasing. The lease shall | ||||||
14 | be awarded to the highest bidder that the Department or Agency | ||||||
15 | deems to be the most qualified to operate and maintain the park | ||||||
16 | or site. | ||||||
17 | (b) The lease shall be acceptable to both parties and must, | ||||||
18 | at a minimum, contain provisions: | ||||||
19 | (1) Requiring the local entity to agree to release the | ||||||
20 | State, the Agency, and the Department from any and all | ||||||
21 | liability for damages or injuries arising at the park or | ||||||
22 | site during the lease period. | ||||||
23 | (2) Authorizing the Department or Agency to terminate | ||||||
24 | the lease of a park or site after giving written notice to | ||||||
25 | the local entity at least 60 days before terminating the | ||||||
26 | lease. |
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1 | (3) Establishing a lease term that is at least one year | ||||||
2 | but no more than 3 years in length, and providing an option | ||||||
3 | to extend the lease term, upon the written agreement of all | ||||||
4 | of the parties to the lease, for an additional 2 years. | ||||||
5 | (4) Requiring the local entity to comply with the | ||||||
6 | consultation requirements of the Endangered Species | ||||||
7 | Protection Act, the Illinois Natural Areas Preservation | ||||||
8 | Act, and the Wetlands Protection Act and with all | ||||||
9 | recommendations arising out of a consultation under one or | ||||||
10 | more of those Acts. | ||||||
11 | (5) Prohibiting the local entity from undertaking | ||||||
12 | activities related to road repair or development, tree or | ||||||
13 | brush clearing, trail development, landscaping, wetland | ||||||
14 | draining or filling, excavation, or similar work affecting | ||||||
15 | the landscape and character of the Park or site, without | ||||||
16 | the express approval of the Agency or Department. | ||||||
17 | (6) Authorizing the Department or Agency to require the | ||||||
18 | special care of artifacts or storage of certain artifacts, | ||||||
19 | or the exclusion of all artifacts when determined | ||||||
20 | appropriate by the Department or Agency. Human skeletal | ||||||
21 | remains and artifacts shall be turned over to the Illinois | ||||||
22 | State Museum. | ||||||
23 | (7) Authorizing the Agency or the Department to assign | ||||||
24 | any concession leases, service contracts, or activity use | ||||||
25 | agreements to the local entity at the time that the lease | ||||||
26 | is executed. |
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1 | (8) Requiring each new or additional concession lease | ||||||
2 | to be approved in writing by the Agency or Department | ||||||
3 | before the execution of such a lease by the local entity. | ||||||
4 | (9) Requiring the local entity to maintain the property | ||||||
5 | in a manner consistent with its status as a State park or | ||||||
6 | site and as otherwise required by State law. | ||||||
7 | (10) Requiring the local entity to take responsibility | ||||||
8 | for all costs, if any, associated with restoring the Park | ||||||
9 | or site to its pre-lease character and condition. | ||||||
10 | (c) All revenues generated by a local entity's operation of | ||||||
11 | a park or site during a lease under this Act shall be retained | ||||||
12 | by that local entity and must be used for the operation, | ||||||
13 | maintenance, or operation and maintenance of that park or site. | ||||||
14 | (d) Upon expiration or termination of a lease under this | ||||||
15 | Act, the local entity shall be reimbursed by the Department or | ||||||
16 | Agency, as the case may be, for the undepreciated portion of | ||||||
17 | any improvements to the park or site made or paid for by the | ||||||
18 | local entity during the period of the lease. All improvements | ||||||
19 | shall be subject to the advance written approval of the | ||||||
20 | Department or Agency. The local entity shall be reimbursed only | ||||||
21 | after establishing, to the satisfaction of the Department or | ||||||
22 | Agency, that (i) the local entity has complied with the lease | ||||||
23 | provision required by subdivision (b)(5) of this Section and | ||||||
24 | (ii) the improvements to the park or site that were made or | ||||||
25 | paid for by the local entity extend beyond the applicable lease | ||||||
26 | period. |
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1 | (e) This Act is subject to and superseded by any federal | ||||||
2 | law, regulation, condition, or stipulation prohibiting the | ||||||
3 | lease of a park or site. | ||||||
4 | Section 15. Collective bargaining work. A lessee under this | ||||||
5 | Act shall contract with the State for all work that, if | ||||||
6 | performed by employees of the State, would be performed by | ||||||
7 | employees, as defined in the Illinois Public Labor Relations | ||||||
8 | Act. The State shall be the employer of all non-managerial, | ||||||
9 | non-supervisory, and non-confidential employees, as defined in | ||||||
10 | the Illinois Public Labor Relations Act. Employees performing | ||||||
11 | such work shall be State employees as defined by the Personnel | ||||||
12 | Code. Neither historical representation rights under the | ||||||
13 | Illinois Public Labor Relations Act nor existing collective | ||||||
14 | bargaining agreements shall be disturbed by the lease of a | ||||||
15 | State park or State historic site. | ||||||
16 | Section 25. Repeal. This Act is repealed December 31, 2014.
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
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