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1 | | (c) There shall
be a Board of the Abraham Lincoln |
2 | | Presidential Library and Museum to
advise the Abraham Lincoln |
3 | | Presidential Library and Museum and the Executive
Director on |
4 | | programs related to the Abraham Lincoln Presidential
Library |
5 | | and Museum. The Abraham Lincoln Presidential Library and Museum |
6 | | and the Abraham
Lincoln Presidential Library Foundation shall |
7 | | mutually
co-operate to maximize resources available to the |
8 | | Abraham Lincoln
Presidential Library and Museum and to support, |
9 | | sustain, and provide
educational programs and collections at |
10 | | the Abraham Lincoln
Presidential Library and Museum. |
11 | | Section 15. Board; initial members. |
12 | | (a) The Board of the
Abraham Lincoln Presidential Library |
13 | | and Museum shall consist of 11 members to
be appointed by the |
14 | | Governor, with the advice and consent of
the Senate. Each of |
15 | | these members shall have recognized
knowledge and ability in |
16 | | matters relating to history,
research, cultural institutions, |
17 | | archives, libraries,
business, or education. The terms of |
18 | | office of these members
shall be 6 years, except that the terms |
19 | | of office of the
initial members shall commence from the |
20 | | effective date of
this Act and run as provided under subsection |
21 | | (b) of this Section. |
22 | | (b) The appointees that currently serve, as of the |
23 | | effective date of this Act, on the Advisory Board of the |
24 | | Lincoln Presidential Library and Museum previously created |
25 | | under Section 30 of the Historic Preservation Agency Act (now |
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1 | | repealed) shall serve as the initial members of the Board |
2 | | created under Section 10 of this Act until they complete the |
3 | | unexpired portions of the terms to which they were appointed |
4 | | under Section 31 of the Historic Preservation Agency Act (now |
5 | | repealed) or until the Governor appoints a successor to replace |
6 | | the initial member. Successors, including a new Chairperson, |
7 | | shall be appointed by the Governor in accordance with |
8 | | subsection (a) of this Section. |
9 | | Section 20. Powers and duties of the Board. The Board
shall |
10 | | have the following powers and duties: |
11 | | (a) Establish programs for implementation in support of
the |
12 | | mission and goals of the Abraham Lincoln Presidential Library |
13 | | and Museum. |
14 | | (b) Create and execute such seminars, symposia, or other
|
15 | | conferences as may be necessary or advisable to the Abraham |
16 | | Lincoln
Presidential Library and Museum. |
17 | | (c) Report annually to the Governor and the General
|
18 | | Assembly
on the status of the Abraham Lincoln Presidential |
19 | | Library and Museum and its
programs. |
20 | | (d) Hire agents and employees necessary to carry out the |
21 | | duties and purposes of the Abraham Lincoln Presidential Library |
22 | | and Museum. |
23 | | (e) Accept, hold, maintain, and administer, as trustee, |
24 | | property given in trust for educational or historic purposes |
25 | | for the benefit of the people of the State of Illinois and to |
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1 | | dispose of any property under the terms of the instrument |
2 | | creating the trust. |
3 | | (f) Accept, hold, maintain, and administer donated |
4 | | property of historical significance such as books, papers, |
5 | | records, and personal property of any kind, including |
6 | | electronic and digital property, pursuant to gifting |
7 | | instruments, agreements, or deeds of gift and to enter into |
8 | | such agreements as may be necessary to carry out the Board's |
9 | | duties and responsibilities under this Section. |
10 | | (g) Lease concessions at the Library and Museum. All |
11 | | leases, for whatever period, shall be made subject to the |
12 | | written approval of the Governor. All concession leases |
13 | | extending for a period in excess of 10 years shall contain |
14 | | provisions for the Abraham Lincoln
Presidential Library and |
15 | | Museum to participate, on a percentage basis, in the revenues |
16 | | generated by any concession operation. |
17 | | (h) Enforce the laws of the State and the rules of the |
18 | | Abraham Lincoln
Presidential Library and Museum at the Library |
19 | | and Museum. |
20 | | (i) Cooperate with private organizations and agencies of |
21 | | the State of Illinois by providing areas and the use of staff |
22 | | personnel where feasible for the sale of publications on the |
23 | | historic and cultural heritage of the State and craft items |
24 | | made by Illinois craftsmen. These sales shall not conflict with |
25 | | existing concession agreements. The Board is authorized to |
26 | | negotiate and approve agreements with the organizations and |
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1 | | agencies for a portion of the monies received from sales to be |
2 | | returned to the Abraham Lincoln
Presidential Library and Museum |
3 | | for the furtherance of interpretive and restoration programs. |
4 | | (j) Establish local bank or savings and loan association |
5 | | accounts, upon the written authorization of the Executive |
6 | | Director, to temporarily hold income received at any of its |
7 | | properties. The local accounts established under this |
8 | | subsection shall be in the name of the Abraham Lincoln
|
9 | | Presidential Library and Museum and shall be subject to regular |
10 | | audits. The balance in a local bank or savings and loan |
11 | | association account shall be forwarded to the Abraham Lincoln
|
12 | | Presidential Library and Museum for deposit with the State |
13 | | Treasurer on Monday of each week if the amount to be deposited |
14 | | in a fund exceeds $500. |
15 | | No bank or savings and loan association shall receive |
16 | | public funds as permitted by this Section, unless it has |
17 | | complied with the requirements established under Section 6 of |
18 | | the Public Funds Investment Act.
|
19 | | (k) Accept offers of gifts, gratuities, or grants from the |
20 | | federal government, its agencies, or offices, or from any |
21 | | person, firm, or corporation. |
22 | | (l) Subject to the provisions of the Illinois |
23 | | Administrative Procedure Act, make reasonable rules as may be |
24 | | necessary to discharge the duties of the Abraham Lincoln
|
25 | | Presidential Library and Museum. |
26 | | (m) Charge and collect admission fees and rental for access |
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1 | | to and use of the facilities of the Library and Museum.
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2 | | (n) Operate a restaurant, café, or other food serving |
3 | | facility at the Museum or to lease the operation of such a |
4 | | facility under reasonable terms and conditions; to provide |
5 | | vending services for food, beverages, or other products deemed |
6 | | necessary and proper, consistent with the mission and purposes |
7 | | of the Library and Museum. |
8 | | (o) To engage in marketing activities designed to promote |
9 | | the Library and Museum. In undertaking these activities, the |
10 | | Board may take all necessary steps with respect to products and |
11 | | services, including, but not limited to, retail sales, |
12 | | wholesale sales, direct marketing, mail order sales, telephone |
13 | | sales, advertising and promotion, purchase of product and |
14 | | materials inventory, design, printing and manufacturing of new |
15 | | products, reproductions, and adaptations, copyright and |
16 | | trademark licensing and royalty agreements, and payment of |
17 | | applicable taxes. In addition, the Board shall have the |
18 | | authority to sell advertising in its publications and printed |
19 | | materials. |
20 | | Section 25. Administration of the Abraham Lincoln |
21 | | Presidential
Library and Museum. The Board shall appoint an |
22 | | Executive Director of the Abraham Lincoln
Presidential Library |
23 | | and Museum. The Executive Director shall serve at the
pleasure |
24 | | of the Board. The Executive Director shall, subject
to |
25 | | applicable provisions of law, execute and discharge the
powers |
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1 | | and duties of the Abraham Lincoln Presidential Library and |
2 | | Museum. The Executive
Director shall appoint:
(a) a Library |
3 | | Facilities Operations Director; and (b) a
Director of the |
4 | | Library. The Executive Director shall appoint
those other |
5 | | employees of the Abraham Lincoln Presidential Library and |
6 | | Museum and the Illinois State Historical Library as he or she |
7 | | deems
appropriate and shall fix the compensation of the Library
|
8 | | Facilities Operations Director, the Director of the Library, |
9 | | and other employees. The Executive
Director may establish and
|
10 | | collect admission and registration fees, may operate a gift
|
11 | | shop, and may publish and sell educational and informational
|
12 | | materials. |
13 | | Section 30. Gifts to the Illinois State Historical Library. |
14 | | Those programs, collections, and functions heretofore |
15 | | administered by
the Illinois State Historical Library or the |
16 | | Historical Preservation Agency's Historical Library
Division |
17 | | shall be administered by
the Abraham Lincoln Presidential |
18 | | Library and Museum. All gifts made specifically to the Illinois |
19 | | State Historical Library or the Historical Preservation |
20 | | Agency's Historical Library Division
shall remain at
all times |
21 | | within the Abraham Lincoln Presidential Library and Museum.
|
22 | | Section 35. Director of the Abraham Lincoln Presidential |
23 | | Library; historical collections. The Director of the Library |
24 | | may and is hereby
required to make all necessary
rules, |
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1 | | regulations, and bylaws not inconsistent with law to carry into
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2 | | effect the purposes of this Section in accordance with the |
3 | | State Historical Library Act and to procure from time to time |
4 | | as may be
possible and practicable, at reasonable cost, all |
5 | | books, pamphlets,
manuscripts, monographs, writings, and other |
6 | | material of historical
interest and useful to the historian |
7 | | bearing upon the political, physical,
religious, or social |
8 | | history of the State of Illinois from the earliest
known period |
9 | | of time. The Director of the Library may exchange
any books, |
10 | | pamphlets,
manuscripts, records, or other material which such |
11 | | library may acquire that
are of no historical interest or for |
12 | | any reason are of no value to it, with
any other library, |
13 | | school, or historical society. The Director of the Library |
14 | | shall
distribute volumes of the series known as the Illinois |
15 | | Historical
Collections now in print, and to be printed, to all |
16 | | who may apply for same
and who pay to the Library for such |
17 | | volumes an
amount fixed by the Director sufficient to cover the |
18 | | expenses of printing
and distribution of each volume received |
19 | | by such applicants. However, the
Director of the Library shall |
20 | | have authority to furnish not to exceed 25 of each of the
|
21 | | volumes of the Illinois Historical Collections, free of charge |
22 | | to each of
the authors and editors of the collections or parts |
23 | | thereof; to furnish, as
in his or her discretion he or she |
24 | | deems necessary or
desirable, a reasonable number
of each of |
25 | | the volumes of the Collections without charge to archives,
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26 | | libraries, and similar institutions from which material has |
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1 | | been drawn or
assistance has been given in the preparation of |
2 | | such Collections, and to
the officials thereof; to furnish, as |
3 | | in his or her discretion he
or she deems
necessary or |
4 | | desirable, a reasonable number of each of the volumes of the
|
5 | | Collections without charge to the University of Illinois |
6 | | Library and to
instructors and officials of that University, |
7 | | and to public libraries in
the State of Illinois. The Director |
8 | | of the Library may also make exchanges of Historical
|
9 | | Collections with any other library, school, or historical |
10 | | society, and to
distribute volumes of collections for review |
11 | | purposes. |
12 | | Section 40. Separation from Historic Preservation Agency. |
13 | | On the effective date of this Act, all of the powers, duties, |
14 | | assets, liabilities,
employees, contracts, property, including |
15 | | any items formerly contained in the Illinois State Historical |
16 | | Library now presently held in the Abraham Lincoln Presidential |
17 | | Library and Museum, records, pending business, and
unexpended |
18 | | appropriations of the Historic Preservation Agency related
to |
19 | | the administration and enforcement of Sections 17, 30, 31, 32, |
20 | | and 33 of the Historic Preservation Agency Act (now repealed) |
21 | | are
transferred to the Abraham Lincoln Presidential Library and |
22 | | Museum created under this Act. |
23 | | The status and rights of the transferred employees, and the
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24 | | rights of the State of Illinois and its agencies, under the
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25 | | Personnel Code and applicable collective bargaining agreements
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1 | | or under any pension, retirement, or annuity plan are not
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2 | | affected (except as provided in Sections 14-110 and 18-127 of
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3 | | the Illinois Pension Code) by that transfer or by any other
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4 | | provision of this Act. |
5 | | Section 45. The Executive Reorganization Implementation |
6 | | Act is amended by changing Section 3.1 as follows:
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7 | | (15 ILCS 15/3.1) (from Ch. 127, par. 1803.1)
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8 | | Sec. 3.1. "Agency directly responsible to the Governor" or |
9 | | "agency" means
any office, officer, division, or part thereof,
|
10 | | and any other office, nonelective officer, department, |
11 | | division, bureau,
board, or commission in the executive branch |
12 | | of State government,
except that it does not apply to any |
13 | | agency whose primary function is service
to the General |
14 | | Assembly or the Judicial Branch of State government, or to
any |
15 | | agency administered by the Attorney General, Secretary of |
16 | | State, State
Comptroller or State Treasurer. In addition the |
17 | | term does not apply to
the following agencies created by law |
18 | | with the primary responsibility of
exercising regulatory
or |
19 | | adjudicatory functions independently of the Governor:
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20 | | (1) the State Board of Elections;
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21 | | (2) the State Board of Education;
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22 | | (3) the Illinois Commerce Commission;
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23 | | (4) the Illinois Workers' Compensation
Commission;
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24 | | (5) the Civil Service Commission;
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1 | | (6) the Fair Employment Practices Commission;
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2 | | (7) the Pollution Control Board;
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3 | | (8) the Department of State Police Merit Board; |
4 | | (9) the Illinois Racing Board;
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5 | | (10) the Illinois Power Agency ; . |
6 | | (11) the Abraham Lincoln Presidential Library and Museum. |
7 | | (Source: P.A. 96-796, eff. 10-29-09; 97-618, eff. 10-26-11.)
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8 | | Section 50. The Historic Preservation Agency Act is amended |
9 | | by changing Sections 2, 4, 5, 5.1, 6, 11, 12, 13, 14, 15, 16, |
10 | | 22, and 34 as follows:
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11 | | (20 ILCS 3405/2) (from Ch. 127, par. 2702)
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12 | | Sec. 2. For the purposes of this Act:
|
13 | | (a) "Agency" means the
Historic Preservation Agency;
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14 | | (b) "Board" means the Board of Trustees of
the Historic |
15 | | Preservation Agency;
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16 | | (c) "Director" means the Director of
the Historic Sites and |
17 | | Preservation Agency ;
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18 | | (d) (Blank) "Advisory Board" means the Advisory
Board of |
19 | | the
Lincoln Presidential
Library and Museum ;
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20 | | (e) (Blank) "Lincoln Presidential Library" means the |
21 | | Abraham
Lincoln Presidential Library and Museum ;
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22 | | (f) (Blank) "Library Director" means the
Director of the |
23 | | Lincoln Presidential Library ; and
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24 | | (g) (Blank). "Historic Sites and
Preservation Division"
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1 | | means that part of the Agency that is headed by the Director of |
2 | | Historic
Sites and Preservation.
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3 | | (Source: P.A. 92-600, eff. 7-1-02.)
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4 | | (20 ILCS 3405/4) (from Ch. 127, par. 2704)
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5 | | Sec. 4.
The Board shall be responsible for setting and |
6 | | determining
policy for the Agency. The Agency shall consist of: |
7 | | (1) an Abraham Lincoln
Presidential Library and Museum and (2) |
8 | | a Historic Sites and Preservation
Division. Except as
otherwise |
9 | | provided in this Act, any reference
in any other Act to the |
10 | | Historic Preservation Agency shall be deemed to be a
reference |
11 | | to the Historic Sites and Preservation Division and any |
12 | | reference to
the Director of
Historic Preservation shall be |
13 | | deemed to be a reference to the Director of
Historic Sites and |
14 | | Preservation, unless the context clearly indicates
otherwise.
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15 | | The Board shall appoint a chief executive officer of the |
16 | | Agency who shall
be known as the Director of the Historic Sites |
17 | | and Preservation Agency . The Director
shall
serve at the |
18 | | pleasure of the Board. The Director shall, subject to
|
19 | | applicable provisions of law, execute the powers and discharge |
20 | | the duties
vested in the Historic Sites and Preservation |
21 | | Division of the Agency by law
and implement the
policies set by |
22 | | the Board.
The Director shall manage the Historic Sites and |
23 | | Preservation Division of the
Agency. The Director, with
the |
24 | | concurrence of the Board, shall appoint Division Chiefs , if |
25 | | needed, and the Deputy
Director of the Historic Sites and |
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1 | | Preservation Division of the Agency.
Subject to concurrence by |
2 | | the Board, the Director shall appoint such other
employees of |
3 | | the Historic Sites and Preservation Division of the Agency as
|
4 | | he or she deems
appropriate and shall fix the
compensation of |
5 | | such Division Chiefs , if any , the Deputy Director , and other |
6 | | employees.
The Board shall appoint the Illinois State |
7 | | Historian, who shall provide
historical expertise, support, |
8 | | and service to all divisions of the Historic
Preservation |
9 | | Agency and to all divisions of the Agency, if any . The State |
10 | | Historian is the State's authority on Abraham
Lincoln and the |
11 | | history of Illinois.
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12 | | (Source: P.A. 92-600, eff. 7-1-02.)
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13 | | (20 ILCS 3405/5) (from Ch. 127, par. 2705)
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14 | | Sec. 5.
The rights, powers and duties vested by law in the
|
15 | | State Historical Library or any office, division or bureau |
16 | | thereof by the
Historical Sites Listing Act and all rights,
|
17 | | powers, and duties incidental thereto
are transferred to the |
18 | | Historic Sites and Preservation Division of the
Historic |
19 | | Preservation
Agency.
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20 | | (Source: P.A. 92-600, eff. 7-1-02.)
|
21 | | (20 ILCS 3405/5.1) (from Ch. 127, par. 2705.1)
|
22 | | Sec. 5.1.
The powers, duties and authority granted to the |
23 | | Department
of Conservation pursuant to the provisions of |
24 | | Section 63a21.2 of
the
Civil
Administrative Code of Illinois
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1 | | (renumbered; now Section 805-315 of the Department of Natural |
2 | | Resources
(Conservation) Law, 20 ILCS 805/805-315)
to offer a
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3 | | cash incentive to a qualified
bidder for the development, |
4 | | construction and supervision of a concession
complex at |
5 | | Lincoln's New Salem State Park are transferred to the
Historic |
6 | | Sites and Preservation Division of the Historic
Preservation |
7 | | Agency.
|
8 | | (Source: P.A. 91-239, eff. 1-1-00; 92-600, eff. 7-1-02.)
|
9 | | (20 ILCS 3405/6) (from Ch. 127, par. 2706)
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10 | | Sec. 6. Jurisdiction. The Historic Sites and Preservation |
11 | | Division of the Agency shall have
jurisdiction over the
|
12 | | following
described areas which are
hereby designated as State |
13 | | Historic Sites, State Memorials, and
Miscellaneous Properties:
|
14 | | State Historic Sites
|
15 | | Bishop Hill State Historic Site, Henry County;
|
16 | | Black Hawk State Historic Site, Rock Island County;
|
17 | | Bryant Cottage State Historic Site, Piatt County;
|
18 | | Buel House, Pope County;
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19 | | Cahokia Courthouse State Historic Site, St. Clair County;
|
20 | | Cahokia Mounds State Historic Site, in Madison and St. |
21 | | Clair
Counties (however, the Illinois State Museum |
22 | | shall act as curator of
artifacts pursuant to the |
23 | | provisions of the Archaeological and
Paleontological |
24 | | Resources Protection Act);
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1 | | Dana-Thomas House State Historic Site, Sangamon County;
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2 | | David Davis Mansion State Historic Site, McLean County;
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3 | | Douglas Tomb State Historic Site, Cook County;
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4 | | Fort de Chartres State Historic Site, Randolph County;
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5 | | Fort Kaskaskia State Historic Site, Randolph County;
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6 | | Grand Village of the Illinois, LaSalle County;
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7 | | U. S. Grant Home State Historic Site, Jo Daviess County;
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8 | | Hotel Florence, Cook County;
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9 | | Jarrot Mansion State Historic Site, St. Clair County;
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10 | | Jubilee College State Historic Site, Peoria County;
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11 | | Lincoln-Herndon Law Offices State Historic Site, Sangamon |
12 | | County;
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13 | | Lincoln Log Cabin State Historic Site, Coles County;
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14 | | Lincoln's New Salem State Historic Site, Menard County;
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15 | | Lincoln Tomb State Historic Site, Sangamon County;
|
16 | | Pierre Menard Home State Historic Site, Randolph County;
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17 | | Metamora Courthouse State Historic Site, Woodford County;
|
18 | | Moore Home State Historic Site, Coles County;
|
19 | | Mount Pulaski Courthouse State Historic Site, Logan |
20 | | County;
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21 | | Old Market House State Historic Site, Jo Daviess County;
|
22 | | Old State Capitol State Historic Site, Sangamon County;
|
23 | | Postville Courthouse State Historic Site, Logan County;
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24 | | Pullman Factory, Cook County;
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25 | | Rose Hotel, Hardin County;
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26 | | Carl Sandburg State Historic Site, Knox County;
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1 | | Shawneetown Bank State Historic Site, Gallatin County;
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2 | | Vachel Lindsay Home, Sangamon County;
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3 | | Vandalia State House State Historic Site, Fayette County; |
4 | | and
|
5 | | Washburne House State Historic Site, Jo Daviess County.
|
6 | | State Memorials
|
7 | | Campbell's Island State Memorial, Rock Island County;
|
8 | | Governor Bond State Memorial, Randolph County;
|
9 | | Governor Coles State Memorial, Madison County;
|
10 | | Governor Horner State Memorial, Cook County;
|
11 | | Governor Small State Memorial, Kankakee County;
|
12 | | Illinois Vietnam Veterans State Memorial, Sangamon County;
|
13 | | Kaskaskia Bell State Memorial, Randolph County;
|
14 | | Korean War Memorial, Sangamon County;
|
15 | | Lewis and Clark State Memorial, Madison County;
|
16 | | Lincoln Monument State Memorial, Lee County;
|
17 | | Lincoln Trail State Memorial, Lawrence County;
|
18 | | Lovejoy State Memorial, Madison County;
|
19 | | Norwegian Settlers State Memorial, LaSalle County; and
|
20 | | Wild Bill Hickok State Memorial, LaSalle County.
|
21 | | Miscellaneous Properties
|
22 | | Albany Mounds, Whiteside County;
|
23 | | Emerald Mound, St. Clair County;
|
24 | | Halfway Tavern, Marion County;
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1 | | Hofmann Tower, Cook County; and
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2 | | Kincaid Mounds, Massac and Pope Counties.
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3 | | (Source: P.A. 92-600, eff. 7-1-02.)
|
4 | | (20 ILCS 3405/11) (from Ch. 127, par. 2711)
|
5 | | Sec. 11.
The Historic Sites and Preservation Division of |
6 | | the Agency
shall exercise all
rights, powers and duties
vested |
7 | | in the Department of Conservation by the "Illinois Historic
|
8 | | Preservation Act", approved August 14, 1976, as amended.
|
9 | | (Source: P.A. 92-600, eff. 7-1-02.)
|
10 | | (20 ILCS 3405/12) (from Ch. 127, par. 2712)
|
11 | | Sec. 12.
The Historic Sites and Preservation Division of |
12 | | the Agency
shall exercise all
rights, powers and duties
vested |
13 | | in the Department of Conservation by Section 63a34 of the Civil
|
14 | | Administrative Code of Illinois (renumbered; now Section |
15 | | 805-220 of the
Department of Natural Resources (Conservation) |
16 | | Law, 20 ILCS 805/805-220).
|
17 | | (Source: P.A. 91-239, eff. 1-1-00; 92-600, eff. 7-1-02.)
|
18 | | (20 ILCS 3405/13) (from Ch. 127, par. 2713)
|
19 | | Sec. 13.
The Historic Sites and Preservation Division of |
20 | | the Agency
shall exercise all
rights, powers and duties
vested |
21 | | in the Department of Conservation by "An Act relating to the
|
22 | | planning, acquisition and development of outdoor recreation |
23 | | resources and
facilities, and authorizing the participation by |
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1 | | the State of Illinois its
political subdivisions and qualified |
2 | | participants in programs of Federal
assistance relating |
3 | | thereto", approved July 6, 1965, as amended, solely as
it |
4 | | relates to the powers, rights, duties and obligations |
5 | | heretofore
exercised by the Department of Conservation over |
6 | | historically significant
properties and interests of the |
7 | | State.
|
8 | | (Source: P.A. 92-600, eff. 7-1-02.)
|
9 | | (20 ILCS 3405/14) (from Ch. 127, par. 2714)
|
10 | | Sec. 14.
The Historic Sites and Preservation Division of |
11 | | the Agency
shall exercise all
rights,
powers and duties set |
12 | | forth
in Sections 10-40 through 10-85 of the Property Tax Code.
|
13 | | (Source: P.A. 92-600, eff. 7-1-02.)
|
14 | | (20 ILCS 3405/15) (from Ch. 127, par. 2715)
|
15 | | Sec. 15.
The Historic Sites and Preservation Division of |
16 | | the Agency
shall exercise all
rights, powers and duties
vested |
17 | | in the Department of Conservation by Section 4-201.5 of the
|
18 | | "Illinois Highway Code", approved June 8, 1959, as amended, |
19 | | solely as it
relates to access to historic sites and memorials |
20 | | designated pursuant to this
Act.
|
21 | | (Source: P.A. 92-600, eff. 7-1-02.)
|
22 | | (20 ILCS 3405/16) (from Ch. 127, par. 2716)
|
23 | | Sec. 16. The Historic Sites and Preservation Division of |
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1 | | the Agency
shall have the following
additional powers:
|
2 | | (a) To hire agents and employees necessary to carry out the |
3 | | duties and
purposes of the Historic Sites and Preservation |
4 | | Division of the Agency.
|
5 | | (b) To take all measures necessary to erect, maintain, |
6 | | preserve, restore,
and conserve all State Historic Sites and |
7 | | State Memorials, except when
supervision and maintenance is |
8 | | otherwise provided by law. This
authorization includes the |
9 | | power, with the consent of the Board, to enter
into contracts, |
10 | | acquire and
dispose of real and personal property, and enter |
11 | | into leases of real and
personal property. The Agency has the |
12 | | power to acquire, for purposes authorized by law, any real |
13 | | property in fee simple subject to a life estate in the seller |
14 | | in not more than 3 acres of the real property acquired, subject |
15 | | to the restrictions that the life estate shall be used for |
16 | | residential purposes only and that it shall be |
17 | | non-transferable.
|
18 | | (c) To provide recreational facilities including camp |
19 | | sites, lodges and
cabins, trails, picnic areas and related |
20 | | recreational facilities at all
sites under the jurisdiction of |
21 | | the Agency.
|
22 | | (d) To lay out, construct and maintain all needful roads, |
23 | | parking areas,
paths or trails, bridges, camp or lodge sites, |
24 | | picnic areas, lodges and
cabins, and any other structures and |
25 | | improvements necessary and appropriate
in any State historic |
26 | | site or easement thereto; and to provide water
supplies, heat |
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1 | | and light, and sanitary facilities for the public and living
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2 | | quarters for the custodians and keepers of State historic |
3 | | sites.
|
4 | | (e) To grant licenses and rights-of-way within the areas |
5 | | controlled
by the Historic Sites and Preservation Division of |
6 | | the Agency for the
construction, operation
and maintenance |
7 | | upon,
under or across the property, of facilities for water, |
8 | | sewage, telephone,
telegraph, electric, gas, or other public |
9 | | service, subject to the terms and
conditions as may be |
10 | | determined by the Agency.
|
11 | | (f) To authorize the officers, employees and agents of the |
12 | | Historic Sites
and Preservation
Division of the Agency,
for the |
13 | | purposes of investigation and to exercise the rights,
powers, |
14 | | and duties vested and that may be vested in it, to enter and |
15 | | cross
all lands and waters in this State, doing no damage to |
16 | | private property.
|
17 | | (g) To transfer jurisdiction of or exchange any realty |
18 | | under the
control of the Historic Sites and Preservation |
19 | | Division of the Agency to
any other Department of
the State |
20 | | Government,
or to any agency of the Federal Government, or to |
21 | | acquire or accept Federal
lands, when any transfer, exchange, |
22 | | acquisition or acceptance is
advantageous to the State and is |
23 | | approved in writing by the Governor.
|
24 | | (h) To erect, supervise, and maintain all public monuments |
25 | | and memorials
erected by the State, except when the supervision |
26 | | and maintenance of
public monuments and memorials is otherwise |
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1 | | provided by law.
|
2 | | (i) To accept, hold, maintain, and administer, as trustee, |
3 | | property given
in trust for educational or historic purposes |
4 | | for the benefit of the People
of the State of Illinois and to |
5 | | dispose, with the consent of the Board, of
any property under |
6 | | the terms of the
instrument creating the trust.
|
7 | | (j) To lease concessions on any property under the |
8 | | jurisdiction of the
Agency for a period not exceeding 25 years |
9 | | and to lease a concession
complex at Lincoln's New Salem State |
10 | | Historic Site for which a cash
incentive has been authorized |
11 | | under Section 5.1 of the Historic
Preservation Agency Act for a |
12 | | period not to exceed 40 years. All
leases, for whatever period, |
13 | | shall be made subject to the written approval
of the Governor. |
14 | | All concession leases extending for a period in excess of
10 |
15 | | years, will contain provisions for the Agency to participate, |
16 | | on a
percentage basis, in the revenues generated by any |
17 | | concession operation.
|
18 | | The Agency is authorized to allow for provisions for a |
19 | | reserve account and a leasehold account within Agency |
20 | | concession lease agreements for the purpose of setting aside |
21 | | revenues for the maintenance, rehabilitation, repair, |
22 | | improvement, and replacement of the concession facility, |
23 | | structure, and equipment of the Agency that are part of the |
24 | | leased premises. |
25 | | The lessee shall be required to pay into the reserve |
26 | | account a percentage of gross receipts, as set forth in the |
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1 | | lease, to be set aside and expended in a manner acceptable to |
2 | | the Agency by the concession lessee for the purpose of ensuring |
3 | | that an appropriate amount of the lessee's moneys are provided |
4 | | by the lessee to satisfy the lessee's incurred responsibilities |
5 | | for the operation of the concession facility under the terms |
6 | | and conditions of the concession lease. |
7 | | The lessee account shall allow for the amortization of |
8 | | certain authorized expenses that are incurred by the concession |
9 | | lessee but that are not an obligation of the lessee under the |
10 | | terms and conditions of the lease agreement. The Agency may |
11 | | allow a reduction of up to 50% of the monthly rent due for the |
12 | | purpose of enabling the recoupment of the lessee's authorized |
13 | | expenditures during the term of the lease.
|
14 | | (k) To sell surplus agricultural products grown on land |
15 | | owned by or
under the jurisdiction of the Historic Sites and |
16 | | Preservation Division of
the Agency, when the
products cannot |
17 | | be used
by the Agency.
|
18 | | (l) To enforce the laws of the State and the rules and |
19 | | regulations of the
Agency in or on any lands owned, leased, or |
20 | | managed by the Historic Sites and
Preservation
Division of the |
21 | | Agency.
|
22 | | (m) To cooperate with private organizations and agencies of |
23 | | the
State of Illinois by providing areas and the use of staff |
24 | | personnel
where feasible for the sale of publications on the |
25 | | historic and cultural
heritage of the State and craft items |
26 | | made by Illinois craftsmen. These
sales shall not conflict with |
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1 | | existing concession agreements. The
Historic Sites and |
2 | | Preservation Division of the Agency is authorized to
negotiate |
3 | | with the
organizations and
agencies for a portion of the monies |
4 | | received from sales to be returned
to the Historic Sites and |
5 | | Preservation Division of the Agency's Historic
Sites Fund
for |
6 | | the
furtherance of interpretive
and restoration programs.
|
7 | | (n) To establish local bank or savings and loan association
|
8 | | accounts, upon the written authorization of the Director, to |
9 | | temporarily
hold income received at any of its properties. The |
10 | | local accounts
established under this Section shall be in the |
11 | | name of the Historic
Preservation Agency and shall be subject |
12 | | to regular audits. The balance in
a local bank or savings and |
13 | | loan association account shall be forwarded to
the Agency for |
14 | | deposit with the State Treasurer on Monday of each week if
the |
15 | | amount to be deposited in a fund exceeds $500.
|
16 | | No bank or savings and loan association shall receive |
17 | | public funds as
permitted by this Section, unless it has |
18 | | complied with the requirements
established under Section 6 of |
19 | | the Public Funds Investment Act.
|
20 | | (o) To accept, with the consent of the Board, offers of |
21 | | gifts,
gratuities, or grants from the federal
government, its |
22 | | agencies, or offices, or from any person, firm, or
corporation.
|
23 | | (p) To make reasonable rules and regulations as may be |
24 | | necessary to
discharge the duties of the Agency.
|
25 | | (q) With appropriate cultural organizations, to further |
26 | | and advance the
goals of the Agency.
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1 | | (r) To make grants for the purposes of planning, survey, |
2 | | rehabilitation,
restoration, reconstruction, landscaping, and |
3 | | acquisition of Illinois
properties (i) designated individually |
4 | | in the National
Register of Historic Places, (ii) designated as |
5 | | a landmark under a county or
municipal landmark ordinance, or |
6 | | (iii) located within a National Register of
Historic Places |
7 | | historic district or a locally designated historic district
|
8 | | when the Director determines that the property is of historic |
9 | | significance
whenever an
appropriation is made therefor by the |
10 | | General Assembly or whenever gifts or
grants are received for |
11 | | that purpose and to promulgate
regulations as may be necessary |
12 | | or desirable to carry out the purposes
of the grants.
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13 | | Grantees may, as prescribed by rule, be required to provide |
14 | | matching funds
for each grant. Grants made under this |
15 | | subsection shall be known as Illinois
Heritage Grants.
|
16 | | Every owner of a historic property, or the owner's agent, |
17 | | is eligible to
apply for a grant under this subsection.
|
18 | | (s) To establish and implement a pilot program for charging |
19 | | admission to
State historic sites. Fees may be charged for |
20 | | special events, admissions, and
parking or any combination; |
21 | | fees may be charged at all sites or selected sites.
All fees |
22 | | shall be deposited into the Illinois Historic Sites Fund. The
|
23 | | Historic Sites and Preservation Division of the Agency
shall |
24 | | have the discretion to set and adjust reasonable fees at the |
25 | | various
sites, taking into consideration various factors |
26 | | including but not limited to:
cost of services furnished to |
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1 | | each visitor, impact of fees on attendance and
tourism and the |
2 | | costs expended collecting the fees. The
Agency shall keep
|
3 | | careful records of the income and expenses resulting from the |
4 | | imposition of
fees, shall keep records as to the attendance at |
5 | | each historic site, and shall
report to the Governor and |
6 | | General Assembly by January 31 after the close of
each year. |
7 | | The report shall include information on costs, expenses,
|
8 | | attendance, comments by visitors, and any other information the
|
9 | | Agency may
believe pertinent, including:
|
10 | | (1) Recommendations as to whether fees should be |
11 | | continued at each State
historic site.
|
12 | | (2) How the fees should be structured and imposed.
|
13 | | (3) Estimates of revenues and expenses associated with |
14 | | each site.
|
15 | | (t) To provide for overnight tent and trailer campsites and |
16 | | to provide
suitable housing facilities for student and juvenile |
17 | | overnight camping
groups. The Historic Sites and Preservation |
18 | | Division of the Agency shall
charge rates similar to those
|
19 | | charged by the Department
of Conservation for the same or |
20 | | similar facilities and services.
|
21 | | (u) To engage in marketing activities designed to promote |
22 | | the sites and
programs administered by the Agency. In
|
23 | | undertaking these activities, the
Agency may take all necessary |
24 | | steps with respect
to products and services,
including but not |
25 | | limited to retail sales, wholesale sales, direct marketing,
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26 | | mail order sales, telephone sales, advertising and promotion, |
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1 | | purchase of
product and materials inventory, design, printing |
2 | | and manufacturing of new
products, reproductions, and |
3 | | adaptations, copyright and trademark licensing and
royalty |
4 | | agreements, and payment of applicable taxes. In addition, the |
5 | | Agency
shall have the authority to sell advertising in its |
6 | | publications and printed
materials. All income from marketing
|
7 | | activities shall be deposited into the Illinois Historic Sites |
8 | | Fund.
|
9 | | (Source: P.A. 95-140, eff. 1-1-08.)
|
10 | | (20 ILCS 3405/22)
|
11 | | Sec. 22. Amistad Commission. |
12 | | (a) Purpose. The General Assembly finds and declares that |
13 | | all people should know of and remember the human carnage and |
14 | | dehumanizing atrocities committed during the period of the |
15 | | African slave trade and slavery in America and of the vestiges |
16 | | of slavery in this country; and it is in fact vital to educate |
17 | | our citizens on these events, the legacy of slavery, the sad |
18 | | history of racism in this country, and the principles of human |
19 | | rights and dignity in a civilized society. |
20 | | It is the policy of the State of Illinois that the history |
21 | | of the African slave trade, slavery in America, the depth of |
22 | | their impact in our society, and the triumphs of |
23 | | African-Americans and their significant contributions to the |
24 | | development of this country is the proper concern of all |
25 | | people, particularly students enrolled in the schools of the |
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1 | | State of Illinois. |
2 | | It is therefore desirable to create a Commission that, as |
3 | | an organized body and on a continuous basis, will survey, |
4 | | design, encourage, and promote the implementation of education |
5 | | and awareness programs in Illinois that are concerned with the |
6 | | African slave trade, slavery in America, the vestiges of |
7 | | slavery in this country, and the contributions of |
8 | | African-Americans in building our country; to develop |
9 | | workshops, institutes, seminars, and other teacher training |
10 | | activities designed to educate teachers on this subject matter; |
11 | | and that will be responsible for the coordination of events on |
12 | | a regular basis, throughout the State, that provide appropriate |
13 | | memorialization of the events concerning the enslavement of |
14 | | Africans and their descendants in America and their struggle |
15 | | for freedom, liberty, and equality. |
16 | | (b) Amistad Commission. The Amistad Commission is created |
17 | | within the Agency. The Commission is named to honor the group |
18 | | of enslaved Africans transported in 1839 on a vessel named the |
19 | | Amistad who overthrew their captors and created an |
20 | | international incident that was eventually argued before the |
21 | | Supreme Court and that shed a growing light on the evils of the |
22 | | slave trade and galvanized a growing abolitionist movement |
23 | | towards demanding the end of slavery in the United States. |
24 | | (c) Membership. The Commission shall consist of 15 members, |
25 | | including 3 ex officio members: the State Superintendent of |
26 | | Education or
his or her designee, the Director of Commerce and |
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1 | | Economic Opportunity or his or her designee, and the Director |
2 | | of the Historic Sites and Preservation Agency or his or her |
3 | | designee; and 12 public
members. Public members shall be |
4 | | appointed as follows: |
5 | | (i) 2 members appointed by the President of the Senate |
6 | | and one member appointed by the Minority Leader of the |
7 | | Senate;
|
8 | | (ii) 2 members appointed by the Speaker of the House of |
9 | | Representatives and one member appointed by the Minority |
10 | | Leader of the House of Representatives; and
|
11 | | (iii) 6 members, no more than 4 of whom shall be of the |
12 | | same political party, appointed by the Governor.
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13 | | The public members shall be residents of this State, chosen |
14 | | with due regard to broad geographic representation and ethnic |
15 | | diversity, who have served actively in organizations that |
16 | | educate the public on the history of the African slave trade, |
17 | | the contributions of African-Americans to our society, and |
18 | | civil rights issues. |
19 | | Each public member of the Commission shall serve for a term |
20 | | of 3 years, except that of the initial members so appointed: |
21 | | one member appointed by the President of the Senate, one member |
22 | | appointed by the Speaker of the House of Representatives, and 2 |
23 | | members appointed by the Governor shall serve for terms of one |
24 | | year; the member appointed by the Minority Leader of the |
25 | | Senate, one member appointed by the Speaker of the House of |
26 | | Representatives, and 2 members appointed by the Governor shall |
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1 | | serve for terms of 2 years; and one member appointed by the |
2 | | President of the Senate, the member appointed by the Minority |
3 | | Leader of the House of Representatives, and 2 members appointed |
4 | | by the Governor shall serve for terms of 3 years. Public |
5 | | members shall be eligible for reappointment. They shall serve |
6 | | until their successors are appointed and qualified, and the |
7 | | term of the successor of any incumbent shall be calculated from |
8 | | the expiration of the term of that incumbent. A vacancy |
9 | | occurring other than by expiration of term shall be filled in |
10 | | the same manner as the original appointment, but for the |
11 | | unexpired term only. |
12 | | (d) Election of chairperson; meetings. At its first meeting |
13 | | and annually thereafter, the Commission shall elect from among |
14 | | its members a chairperson and other officers it considers |
15 | | necessary or appropriate. After its first meeting, the |
16 | | Commission shall meet at least quarterly, or more frequently at |
17 | | the call of the chairperson or if requested by 9 or more |
18 | | members. |
19 | | (e) Quorum. A majority of the members of the Commission |
20 | | constitute a quorum for the transaction of business at a |
21 | | meeting of the Commission. A majority of the members present |
22 | | and serving is required for official action of the Commission. |
23 | | (f) Public meeting. All business that the Commission is |
24 | | authorized to perform shall be conducted at a public meeting of |
25 | | the Commission, held in compliance with the Open Meetings Act. |
26 | | (g) Freedom of Information. A writing prepared, owned, |
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1 | | used, in the possession of, or retained by the Commission in |
2 | | the performance of an official function is subject to the |
3 | | Freedom of Information Act. |
4 | | (h) Compensation. The members of the Commission shall serve |
5 | | without compensation, but shall be entitled to reimbursement |
6 | | for all necessary expenses incurred in the performance of their |
7 | | official duties as members of the Commission from funds |
8 | | appropriated for that purpose. Reimbursement for travel, |
9 | | meals, and lodging shall be in accordance with the rules of the |
10 | | Governor's Travel Control Board. |
11 | | (i) Duties. The Commission shall have the following |
12 | | responsibilities and duties:
|
13 | | (1) To provide, based upon the collective interest of |
14 | | the members and the knowledge and experience of the |
15 | | members, assistance and advice to schools within the State |
16 | | with respect to the implementation of education, awareness |
17 | | programs, textbooks, and educational materials concerned |
18 | | with the African slave trade, slavery in America, the |
19 | | vestiges of slavery in this country, and the contributions |
20 | | of African-Americans to our society. |
21 | | (2) To survey and catalog the extent and breadth of |
22 | | education concerning the African slave trade, slavery in |
23 | | America, the vestiges of slavery in this country, and the |
24 | | contributions of African-Americans to our society |
25 | | presently being incorporated into the curricula and |
26 | | textbooks and taught in the school systems of the State; to |
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1 | | inventory those African slave trade, American slavery, or |
2 | | relevant African-American history memorials, exhibits, and |
3 | | resources that should be incorporated into courses of study |
4 | | at educational institutions, schools, and various other |
5 | | locations throughout the State; and to assist the State |
6 | | Board of Education and
other State and educational agencies |
7 | | in the development and implementation of African slave |
8 | | trade, American slavery, and African-American history |
9 | | education programs. |
10 | | (3) To act as a liaison with textbook publishers, |
11 | | schools, public, private, and nonprofit resource |
12 | | organizations,
and members of the United States Senate and |
13 | | House of
Representatives and the Illinois Senate and House |
14 | | of Representatives in
order to facilitate the inclusion of |
15 | | the history of African slavery and
of African-Americans in |
16 | | this country in the curricula of public and
nonpublic |
17 | | schools. |
18 | | (4) To compile a roster of individual volunteers who |
19 | | are willing to share their knowledge and experience in |
20 | | classrooms, seminars, and workshops with students and |
21 | | teachers on the subject of the African slave trade, |
22 | | American slavery, the impact of slavery on our society |
23 | | today, and the contributions of African-Americans to our |
24 | | country. |
25 | | (5) To coordinate events memorializing the African |
26 | | slave trade, American slavery, and the history of |
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1 | | African-Americans in this country that reflect the |
2 | | contributions of African-Americans in overcoming the |
3 | | burdens of slavery and its vestiges, and to seek volunteers |
4 | | who are willing and able to participate in commemorative |
5 | | events that will enhance student awareness of the |
6 | | significance of the African slave trade, American slavery, |
7 | | its historical impact, and the struggle for freedom. |
8 | | (6) To prepare reports for the Governor and the General |
9 | | Assembly regarding its findings and recommendations on |
10 | | facilitating the inclusion of the African slave trade, |
11 | | American slavery studies, African-American history, and |
12 | | special programs in the educational system of the State.
|
13 | | (7) To develop, in consultation with the State Board of |
14 | | Education, curriculum guidelines that will be made |
15 | | available to every school board for the teaching of |
16 | | information on the African slave trade, slavery in America, |
17 | | the vestiges of slavery in this country, and the |
18 | | contributions of African-Americans to our country.
|
19 | | (8) To solicit, receive, and accept appropriations, |
20 | | gifts, and donations for Commission operations and |
21 | | programs authorized under this Section.
|
22 | | (j) Commission requests for assistance. The Commission is |
23 | | authorized to call upon any department, office, division, or |
24 | | agency of the State, or of any county, municipality, or school |
25 | | district of the State, to supply such data, program reports, |
26 | | and other information, appropriate school personnel, and |
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1 | | assistance as it deems necessary to discharge its |
2 | | responsibilities under this Act. These departments, offices, |
3 | | divisions, and agencies shall, to the extent possible and not |
4 | | inconsistent with any other law of this State, cooperate with |
5 | | the Commission and shall furnish it with such information, |
6 | | appropriate school personnel, and assistance as may be |
7 | | necessary or helpful to accomplish the purposes of this Act.
|
8 | | (k) State Board of Education assistance. The State Board of |
9 | | Education shall: |
10 | | (1) Assist the Amistad Commission in marketing and |
11 | | distributing to educators, administrators, and school |
12 | | districts in the State educational information and other |
13 | | materials on the African slave trade, slavery in America, |
14 | | the vestiges of slavery in this country, and the |
15 | | contributions of African-Americans to our society. |
16 | | (2) Conduct at least one teacher workshop annually on |
17 | | the African slave trade, slavery in America, the vestiges |
18 | | of slavery in this country, and the contributions of |
19 | | African-Americans to our society. |
20 | | (3) Assist the Amistad Commission in monitoring the |
21 | | inclusion of slavery materials and curricula in the State's |
22 | | educational system. |
23 | | (4) Consult with the Amistad Commission to determine |
24 | | ways it may survey, catalog, and extend slave trade and |
25 | | American slavery education presently being taught in the |
26 | | State's educational system. |
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1 | | The State Board of Education may, subject to the |
2 | | availability of appropriations, hire additional staff and |
3 | | consultants to carry out the duties and responsibilities |
4 | | provided within this subsection (k). |
5 | | (l) Report. The Commission shall report its activities and |
6 | | findings, as required under subsection (i), to the Governor and |
7 | | General Assembly on or before June 30, 2006, and biannually |
8 | | thereafter.
|
9 | | (Source: P.A. 94-285, eff. 7-21-05.)
|
10 | | (20 ILCS 3405/34)
|
11 | | Sec. 34. Internal Auditor. There is created the Office of |
12 | | the Internal
Auditor
of the Historic
Preservation Agency. The |
13 | | Internal Auditor shall be appointed by the Board,
shall serve |
14 | | at the
pleasure of the Board, and shall report to the Board. |
15 | | The Internal Auditor
shall audit and
maintain the financial |
16 | | books, records, papers, and transactions of the Lincoln
|
17 | | Presidential Library
and the Historic Sites and Preservation |
18 | | Division of the Historic Preservation
Agency. The Internal
|
19 | | Auditor shall
prepare an annual report for each fiscal year of |
20 | | the operations of the Historic
Preservation
Agency, which shall |
21 | | be submitted to the Board, the General Assembly, and the
|
22 | | Governor.
Nothing in this Section shall abridge the authority |
23 | | of the Illinois Auditor
General to
independently audit the |
24 | | Illinois Historic Preservation Agency or any of the
libraries, |
25 | | divisions, or
offices contained within the Agency.
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1 | | (Source: P.A. 92-600, eff. 7-1-02.)
|
2 | | Section 55. The State Historical Library Act is amended by |
3 | | changing Section 5.1 as follows:
|
4 | | (20 ILCS 3425/5.1) (from Ch. 128, par. 16.1)
|
5 | | Sec. 5.1.
The State Historian shall establish and supervise |
6 | | a program within
the Abraham Lincoln Presidential Library |
7 | | designed
to preserve as historical
records selected past |
8 | | editions of newspapers of this State. Such editions
shall be |
9 | | microphotographed. The negatives of such microphotographs |
10 | | shall be
stored in a place provided by the Abraham Lincoln |
11 | | Presidential Library.
|
12 | | The State Historian shall determine on the basis of |
13 | | historical value the
various newspaper edition files which |
14 | | shall be microphotographed and shall
arrange a schedule for |
15 | | such microphotographing. The State Historian shall
supervise |
16 | | the making of arrangements for acquiring access to past edition
|
17 | | files with the editors or publishers of the various newspapers.
|
18 | | The method of microphotography to be employed in this |
19 | | program shall
conform to the standards established pursuant to |
20 | | Section 17 of "The State
Records Act", approved July 6, 1957.
|
21 | | Upon payment to the Abraham Lincoln Presidential Library of |
22 | | the required
fee, any person or organization shall be supplied |
23 | | with any prints requested
to be made from the negatives of the |
24 | | microphotographs. The fee required
shall be determined by the |
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1 | | State Historian and shall be equal in amount to
the cost |
2 | | incurred by the Lincoln Presidential Library
in supplying the
|
3 | | requested prints.
|
4 | | (Source: P.A. 92-600, eff. 7-1-02.)
|
5 | | Section 60. The Liquor Control Act of 1934 is amended by |
6 | | changing Section 6-15 as follows:
|
7 | | (235 ILCS 5/6-15) (from Ch. 43, par. 130)
|
8 | | Sec. 6-15. No alcoholic liquors shall be sold or delivered |
9 | | in any
building belonging to or under the control of the State |
10 | | or any political
subdivision thereof except as provided in this |
11 | | Act. The corporate
authorities of any city, village, |
12 | | incorporated town, township, or county may provide by
|
13 | | ordinance, however, that alcoholic liquor may be sold or |
14 | | delivered in any
specifically designated building belonging to |
15 | | or under the control of the
municipality, township, or county, |
16 | | or in any building located on land under the
control of the |
17 | | municipality, township, or county; provided that such township |
18 | | or county complies with all
applicable local ordinances in any |
19 | | incorporated area of the township or county.
Alcoholic liquor |
20 | | may be delivered to and sold under the authority of a special |
21 | | use permit on any property owned by a conservation district |
22 | | organized under the Conservation District Act, provided that |
23 | | (i) the alcoholic liquor is sold only at an event authorized by |
24 | | the governing board of the conservation district, (ii) the |
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1 | | issuance of the special use permit is authorized by the local |
2 | | liquor control commissioner of the territory in which the |
3 | | property is located, and (iii) the special use permit |
4 | | authorizes the sale of alcoholic liquor for one day or less. |
5 | | Alcoholic liquors may be delivered to and sold at any airport |
6 | | belonging to
or under the control of a municipality of more |
7 | | than 25,000 inhabitants, or
in any building or on any golf |
8 | | course owned by a park district organized under
the Park |
9 | | District
Code, subject to the approval of the governing board |
10 | | of the district, or
in any building or on any golf course owned |
11 | | by a forest preserve district
organized under the Downstate |
12 | | Forest Preserve District Act, subject to the
approval of the |
13 | | governing board of the district, or on the grounds
within 500 |
14 | | feet of any building owned by a forest preserve district
|
15 | | organized under the Downstate Forest Preserve District Act |
16 | | during
times when food is dispensed for consumption within
500 |
17 | | feet of the building from which the food is dispensed,
subject |
18 | | to the
approval of the
governing board of the district, or in a |
19 | | building owned by a Local Mass
Transit District organized under |
20 | | the Local Mass Transit District Act, subject
to the approval of |
21 | | the governing Board of the District, or in Bicentennial
Park, |
22 | | or
on the premises of the City of Mendota Lake Park
located |
23 | | adjacent to Route 51 in Mendota, Illinois, or on the premises |
24 | | of
Camden Park in Milan, Illinois, or in the community center |
25 | | owned by the
City of Loves Park that is located at 1000 River |
26 | | Park Drive in Loves Park,
Illinois, or, in connection with the |
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1 | | operation of an established food
serving facility during times |
2 | | when food is dispensed for consumption on the
premises, and at |
3 | | the following aquarium and museums located in public
parks: Art |
4 | | Institute of Chicago, Chicago Academy of Sciences, Chicago
|
5 | | Historical Society, Field Museum of Natural History, Museum of |
6 | | Science and
Industry, DuSable Museum of African American |
7 | | History, John G. Shedd
Aquarium and Adler Planetarium, or at |
8 | | Lakeview Museum of Arts and Sciences
in Peoria, or in |
9 | | connection with the operation of the facilities of the
Chicago |
10 | | Zoological Society or the Chicago Horticultural Society on land
|
11 | | owned by the Forest Preserve District of Cook County,
or on any |
12 | | land used for a golf course or for recreational purposes
owned |
13 | | by the Forest Preserve District of Cook County, subject to the |
14 | | control
of the Forest Preserve District Board of Commissioners |
15 | | and applicable local
law, provided that dram shop liability |
16 | | insurance is provided at
maximum coverage limits so as to hold |
17 | | the
District harmless from all financial loss, damage, and |
18 | | harm,
or in any building
located on land owned by the Chicago |
19 | | Park District if approved by the Park
District Commissioners, |
20 | | or on any land used for a golf course or for
recreational |
21 | | purposes and owned by the Illinois International Port District |
22 | | if
approved by the District's governing board, or at any |
23 | | airport, golf course,
faculty center, or
facility in which |
24 | | conference and convention type activities take place
belonging |
25 | | to or under control of any State university or public community
|
26 | | college district, provided that with respect to a facility for |
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1 | | conference
and convention type activities alcoholic liquors |
2 | | shall be limited to the
use of the convention or conference |
3 | | participants or participants
in cultural, political or |
4 | | educational activities held in such facilities,
and provided |
5 | | further that the faculty or staff of the State university or
a |
6 | | public community college district, or members of an |
7 | | organization of
students, alumni, faculty or staff of the State |
8 | | university or a public
community college district are active |
9 | | participants in the conference
or convention, or in Memorial |
10 | | Stadium on the campus of the University of
Illinois at |
11 | | Urbana-Champaign during games in which the
Chicago Bears |
12 | | professional football team is playing in that stadium during |
13 | | the
renovation of Soldier Field, not more than one and a half |
14 | | hours before the
start of the game and not after the end of the |
15 | | third quarter of the game,
or in the Pavilion Facility on the |
16 | | campus of the University of Illinois at Chicago during games in |
17 | | which the Chicago Storm professional soccer team is playing in |
18 | | that facility, not more than one and a half hours before the |
19 | | start of the game and not after the end of the third quarter of |
20 | | the game, or in the Pavilion Facility on the campus of the |
21 | | University of Illinois at Chicago during games in which the |
22 | | WNBA professional women's basketball team is playing in that |
23 | | facility, not more than one and a half hours before the start |
24 | | of the game and not after the 10-minute mark of the second half |
25 | | of the game, or by a catering establishment which has rented |
26 | | facilities
from a board of trustees of a public community |
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1 | | college district, or in a restaurant that is operated by a |
2 | | commercial tenant in the North Campus Parking Deck building |
3 | | that (1) is located at 1201 West University Avenue, Urbana, |
4 | | Illinois and (2) is owned by the Board of Trustees of the |
5 | | University of Illinois, or, if
approved by the District board, |
6 | | on land owned by the Metropolitan Sanitary
District of Greater |
7 | | Chicago and leased to others for a term of at least
20 years. |
8 | | Nothing in this Section precludes the sale or delivery of
|
9 | | alcoholic liquor in the form of original packaged goods in |
10 | | premises located
at 500 S. Racine in Chicago belonging to the |
11 | | University of Illinois and
used primarily as a grocery store by |
12 | | a commercial tenant during the term of
a lease that predates |
13 | | the University's acquisition of the premises; but the
|
14 | | University shall have no power or authority to renew, transfer, |
15 | | or extend
the lease with terms allowing the sale of alcoholic |
16 | | liquor; and the sale of
alcoholic liquor shall be subject to |
17 | | all local laws and regulations.
After the acquisition by |
18 | | Winnebago County of the property located at 404
Elm Street in |
19 | | Rockford, a commercial tenant who sold alcoholic liquor at
|
20 | | retail on a portion of the property under a valid license at |
21 | | the time of
the acquisition may continue to do so for so long |
22 | | as the tenant and the
County may agree under existing or future |
23 | | leases, subject to all local laws
and regulations regarding the |
24 | | sale of alcoholic liquor. Alcoholic liquors may be delivered to |
25 | | and sold at Memorial Hall, located at 211 North Main Street, |
26 | | Rockford, under conditions approved by Winnebago County and |
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1 | | subject to all local laws and regulations regarding the sale of |
2 | | alcoholic liquor. Each
facility shall provide dram shop |
3 | | liability in maximum insurance coverage
limits so as to save |
4 | | harmless the State, municipality, State university,
airport, |
5 | | golf course, faculty center, facility in which conference and
|
6 | | convention type activities take place, park district, Forest |
7 | | Preserve
District, public community college district, |
8 | | aquarium, museum, or sanitary
district from all financial loss, |
9 | | damage or harm. Alcoholic liquors may be
sold at retail in |
10 | | buildings of golf courses owned by municipalities or Illinois |
11 | | State University in
connection with the operation of an |
12 | | established food serving facility
during times when food is |
13 | | dispensed for consumption upon the premises.
Alcoholic liquors |
14 | | may be delivered to and sold at retail in any building
owned by |
15 | | a fire protection district organized under the Fire Protection
|
16 | | District Act, provided that such delivery and sale is approved |
17 | | by the board
of trustees of the district, and provided further |
18 | | that such delivery and
sale is limited to fundraising events |
19 | | and to a maximum of 6 events per year. However, the limitation |
20 | | to fundraising events and to a maximum of 6 events per year |
21 | | does not apply to the delivery, sale, or manufacture of |
22 | | alcoholic liquors at the building located at 59 Main Street in |
23 | | Oswego, Illinois, owned by the Oswego Fire Protection District |
24 | | if the alcoholic liquor is sold or dispensed as approved by the |
25 | | Oswego Fire Protection District and the property is no longer |
26 | | being utilized for fire protection purposes.
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1 | | Alcoholic liquors may be served or sold in buildings under |
2 | | the control of the Board of Trustees of the University of |
3 | | Illinois for events that the Board may determine are public |
4 | | events and not related student activities. The Board of |
5 | | Trustees shall issue a written policy within 6 months of the |
6 | | effective date of this amendatory Act of the 95th General |
7 | | Assembly concerning the types of events that would be eligible |
8 | | for an exemption. Thereafter, the Board of Trustees may issue |
9 | | revised, updated, new, or amended policies as it deems |
10 | | necessary and appropriate. In preparing its written policy, the |
11 | | Board of Trustees shall, among other factors it considers |
12 | | relevant and important, give consideration to the following: |
13 | | (i) whether the event is a student activity or student related |
14 | | activity; (ii) whether the physical setting of the event is |
15 | | conducive to control of liquor sales and distribution; (iii) |
16 | | the ability of the event operator to ensure that the sale or |
17 | | serving of alcoholic liquors and the demeanor of the |
18 | | participants are in accordance with State law and University |
19 | | policies; (iv) regarding the anticipated attendees at the |
20 | | event, the relative proportion of individuals under the age of |
21 | | 21 to individuals age 21 or older; (v) the ability of the venue |
22 | | operator to prevent the sale or distribution of alcoholic |
23 | | liquors to individuals under the age of 21; (vi) whether the |
24 | | event prohibits participants from removing alcoholic beverages |
25 | | from the venue; and (vii) whether the event prohibits |
26 | | participants from providing their own alcoholic liquors to the |
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1 | | venue. In addition, any policy submitted by the Board of |
2 | | Trustees to the Illinois Liquor Control Commission must require |
3 | | that any event at which alcoholic liquors are served or sold in |
4 | | buildings under the control of the Board of Trustees shall |
5 | | require the prior written approval of the Office of the |
6 | | Chancellor for the University campus where the event is |
7 | | located. The Board of Trustees shall submit its policy, and any |
8 | | subsequently revised, updated, new, or amended policies, to the |
9 | | Illinois Liquor Control Commission, and any University event, |
10 | | or location for an event, exempted under such policies shall |
11 | | apply for a license under the applicable Sections of this Act. |
12 | | Alcoholic liquors may be served or sold in buildings under
|
13 | | the control of the Board of Trustees of Northern Illinois |
14 | | University
for events that the Board may determine are public
|
15 | | events and not student-related activities. The Board of
|
16 | | Trustees shall issue a written policy within 6 months after |
17 | | June 28, 2011 (the
effective date of Public Act 97-45) |
18 | | concerning the types of events that would be eligible
for an |
19 | | exemption. Thereafter, the Board of Trustees may issue
revised, |
20 | | updated, new, or amended policies as it deems
necessary and |
21 | | appropriate. In preparing its written policy, the
Board of |
22 | | Trustees shall, in addition to other factors it considers
|
23 | | relevant and important, give consideration to the following:
|
24 | | (i) whether the event is a student activity or student-related
|
25 | | activity; (ii) whether the physical setting of the event is
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26 | | conducive to control of liquor sales and distribution; (iii)
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1 | | the ability of the event operator to ensure that the sale or
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2 | | serving of alcoholic liquors and the demeanor of the
|
3 | | participants are in accordance with State law and University
|
4 | | policies; (iv) the anticipated attendees at the
event and the |
5 | | relative proportion of individuals under the age of
21 to |
6 | | individuals age 21 or older; (v) the ability of the venue
|
7 | | operator to prevent the sale or distribution of alcoholic
|
8 | | liquors to individuals under the age of 21; (vi) whether the
|
9 | | event prohibits participants from removing alcoholic beverages
|
10 | | from the venue; and (vii) whether the event prohibits
|
11 | | participants from providing their own alcoholic liquors to the
|
12 | | venue. |
13 | | Alcoholic liquors may be served or sold in buildings under |
14 | | the control of the Board of Trustees of Chicago State |
15 | | University for events that the Board may determine are public |
16 | | events and not student-related activities. The Board of |
17 | | Trustees shall issue a written policy within 6 months after |
18 | | August 2, 2013 ( the effective date of Public Act 98-132) this |
19 | | amendatory Act of the 98th General Assembly concerning the |
20 | | types of events that would be eligible for an exemption. |
21 | | Thereafter, the Board of Trustees may issue revised, updated, |
22 | | new, or amended policies as it deems necessary and appropriate. |
23 | | In preparing its written policy, the Board of Trustees shall, |
24 | | in addition to other factors it considers relevant and |
25 | | important, give consideration to the following: (i) whether the |
26 | | event is a student activity or student-related activity; (ii) |
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1 | | whether the physical setting of the event is conducive to |
2 | | control of liquor sales and distribution; (iii) the ability of |
3 | | the event operator to ensure that the sale or serving of |
4 | | alcoholic liquors and the demeanor of the participants are in |
5 | | accordance with State law and University policies; (iv) the |
6 | | anticipated attendees at the event and the relative proportion |
7 | | of individuals under the age of 21 to individuals age 21 or |
8 | | older; (v) the ability of the venue operator to prevent the |
9 | | sale or distribution of alcoholic liquors to individuals under |
10 | | the age of 21; (vi) whether the event prohibits participants |
11 | | from removing alcoholic beverages from the venue; and (vii) |
12 | | whether the event prohibits participants from providing their |
13 | | own alcoholic liquors to the venue. |
14 | | Alcoholic liquors may be served or sold in buildings under
|
15 | | the control of the Board of Trustees of Illinois State |
16 | | University
for events that the Board may determine are public
|
17 | | events and not student-related activities. The Board of
|
18 | | Trustees shall issue a written policy within 6 months after the |
19 | | effective date of this amendatory Act of the 97th General |
20 | | Assembly concerning the types of events that would be eligible
|
21 | | for an exemption. Thereafter, the Board of Trustees may issue
|
22 | | revised, updated, new, or amended policies as it deems
|
23 | | necessary and appropriate. In preparing its written policy, the
|
24 | | Board of Trustees shall, in addition to other factors it |
25 | | considers
relevant and important, give consideration to the |
26 | | following:
(i) whether the event is a student activity or |
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1 | | student-related
activity; (ii) whether the physical setting of |
2 | | the event is
conducive to control of liquor sales and |
3 | | distribution; (iii)
the ability of the event operator to ensure |
4 | | that the sale or
serving of alcoholic liquors and the demeanor |
5 | | of the
participants are in accordance with State law and |
6 | | University
policies; (iv) the anticipated attendees at the
|
7 | | event and the relative proportion of individuals under the age |
8 | | of
21 to individuals age 21 or older; (v) the ability of the |
9 | | venue
operator to prevent the sale or distribution of alcoholic
|
10 | | liquors to individuals under the age of 21; (vi) whether the
|
11 | | event prohibits participants from removing alcoholic beverages
|
12 | | from the venue; and (vii) whether the event prohibits
|
13 | | participants from providing their own alcoholic liquors to the
|
14 | | venue. |
15 | | Alcoholic liquor may be delivered to and sold at retail in |
16 | | the
Dorchester Senior Business Center owned by the Village of |
17 | | Dolton if the
alcoholic liquor is sold or dispensed only in |
18 | | connection with organized
functions for which the planned |
19 | | attendance is 20 or more persons, and if
the person or facility |
20 | | selling or dispensing the alcoholic liquor has
provided dram |
21 | | shop liability insurance in maximum limits so as to hold
|
22 | | harmless the Village of Dolton and the State from all financial |
23 | | loss,
damage and harm.
|
24 | | Alcoholic liquors may be delivered to and sold at retail in |
25 | | any
building used as an Illinois State Armory provided:
|
26 | | (i) the Adjutant General's written consent to the |
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1 | | issuance of a
license to sell alcoholic liquor in such |
2 | | building is filed with the
Commission;
|
3 | | (ii) the alcoholic liquor is sold or dispensed only in |
4 | | connection
with organized functions held on special |
5 | | occasions;
|
6 | | (iii) the organized function is one for which the |
7 | | planned attendance
is 25 or more persons; and
|
8 | | (iv) the facility selling or dispensing the alcoholic |
9 | | liquors has
provided dram shop liability insurance in |
10 | | maximum limits so as to save
harmless the facility and the |
11 | | State from all financial loss, damage or harm.
|
12 | | Alcoholic liquors may be delivered to and sold at retail in |
13 | | the Chicago
Civic Center, provided that:
|
14 | | (i) the written consent of the Public Building |
15 | | Commission which
administers the Chicago Civic Center is |
16 | | filed with the Commission;
|
17 | | (ii) the alcoholic liquor is sold or dispensed only in |
18 | | connection with
organized functions held on special |
19 | | occasions;
|
20 | | (iii) the organized function is one for which the |
21 | | planned attendance is
25 or more persons;
|
22 | | (iv) the facility selling or dispensing the alcoholic |
23 | | liquors has
provided dram shop liability insurance in |
24 | | maximum limits so as to hold
harmless the Civic Center, the |
25 | | City of Chicago and the State from all
financial loss, |
26 | | damage or harm; and
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1 | | (v) all applicable local ordinances are complied with.
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2 | | Alcoholic liquors may be delivered or sold in any building |
3 | | belonging to
or under the control of any city, village or |
4 | | incorporated town where more
than 75% of the physical |
5 | | properties of the building is used for commercial
or |
6 | | recreational purposes, and the building is located upon a pier |
7 | | extending
into or over the waters of a navigable lake or stream |
8 | | or on the shore of a
navigable lake or stream.
In accordance |
9 | | with a license issued under this Act, alcoholic liquor may be |
10 | | sold, served, or delivered in buildings and facilities under
|
11 | | the control
of the Department of Natural Resources during |
12 | | events or activities lasting no more than 7 continuous days |
13 | | upon the written approval of the
Director of
Natural Resources |
14 | | acting as the controlling government authority. The Director
of
|
15 | | Natural Resources may specify conditions on that approval, |
16 | | including but not
limited to
requirements for insurance and |
17 | | hours of operation.
Notwithstanding any other provision of this |
18 | | Act, alcoholic liquor sold by a
United States Army Corps of |
19 | | Engineers or Department of Natural
Resources
concessionaire |
20 | | who was operating on June 1, 1991 for on-premises consumption
|
21 | | only is not subject to the provisions of Articles IV and IX. |
22 | | Beer and wine
may be sold on the premises of the Joliet Park |
23 | | District Stadium owned by
the Joliet Park District when written |
24 | | consent to the issuance of a license
to sell beer and wine in |
25 | | such premises is filed with the local liquor
commissioner by |
26 | | the Joliet Park District. Beer and wine may be sold in
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1 | | buildings on the grounds of State veterans' homes when written |
2 | | consent to
the issuance of a license to sell beer and wine in |
3 | | such buildings is filed
with the Commission by the Department |
4 | | of Veterans' Affairs, and the
facility shall provide dram shop |
5 | | liability in maximum insurance coverage
limits so as to save |
6 | | the facility harmless from all financial loss, damage
or harm. |
7 | | Such liquors may be delivered to and sold at any property owned |
8 | | or
held under lease by a Metropolitan Pier and Exposition |
9 | | Authority or
Metropolitan Exposition and Auditorium Authority.
|
10 | | Beer and wine may be sold and dispensed at professional |
11 | | sporting events
and at professional concerts and other |
12 | | entertainment events conducted on
premises owned by the Forest |
13 | | Preserve District of Kane County, subject to
the control of the |
14 | | District Commissioners and applicable local law,
provided that |
15 | | dram shop liability insurance is provided at maximum coverage
|
16 | | limits so as to hold the District harmless from all financial |
17 | | loss, damage
and harm.
|
18 | | Nothing in this Section shall preclude the sale or delivery |
19 | | of beer and
wine at a State or county fair or the sale or |
20 | | delivery of beer or wine at a
city fair in any otherwise lawful |
21 | | manner.
|
22 | | Alcoholic liquors may be sold at retail in buildings in |
23 | | State parks
under the control of the Department of Natural |
24 | | Resources,
provided:
|
25 | | a. the State park has overnight lodging facilities with |
26 | | some
restaurant facilities or, not having overnight |
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1 | | lodging facilities, has
restaurant facilities which serve |
2 | | complete luncheon and dinner or
supper meals,
|
3 | | b. consent to the issuance of a license to sell |
4 | | alcoholic liquors in
the buildings has been filed with the |
5 | | commission by the Department of
Natural Resources, and
|
6 | | c. the alcoholic liquors are sold by the State park |
7 | | lodge or
restaurant concessionaire only during the hours |
8 | | from 11 o'clock a.m. until
12 o'clock midnight. |
9 | | Notwithstanding any other provision of this Act,
alcoholic |
10 | | liquor sold by the State park or restaurant concessionaire |
11 | | is not
subject to the provisions of Articles IV and IX.
|
12 | | Alcoholic liquors may be sold at retail in buildings on |
13 | | properties
under the control of the Historic Sites and |
14 | | Preservation Division of the
Historic Preservation
Agency or |
15 | | the Abraham Lincoln Presidential Library and Museum provided:
|
16 | | a. the property has overnight lodging facilities with |
17 | | some restaurant
facilities or, not having overnight |
18 | | lodging facilities, has restaurant
facilities which serve |
19 | | complete luncheon and dinner or supper meals,
|
20 | | b. consent to the issuance of a license to sell |
21 | | alcoholic liquors in
the buildings has been filed with the |
22 | | commission by the Historic Sites and
Preservation Division
|
23 | | of the Historic
Preservation Agency or the Abraham Lincoln |
24 | | Presidential Library and Museum,
and
|
25 | | c. the alcoholic liquors are sold by the lodge or |
26 | | restaurant
concessionaire only during the hours from 11 |
|
| | HB3836 Engrossed | - 51 - | LRB098 15397 ZMM 50426 b |
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|
1 | | o'clock a.m. until 12 o'clock
midnight.
|
2 | | The sale of alcoholic liquors pursuant to this Section does |
3 | | not
authorize the establishment and operation of facilities |
4 | | commonly called
taverns, saloons, bars, cocktail lounges, and |
5 | | the like except as a part
of lodge and restaurant facilities in |
6 | | State parks or golf courses owned
by Forest Preserve Districts |
7 | | with a population of less than 3,000,000 or
municipalities or |
8 | | park districts.
|
9 | | Alcoholic liquors may be sold at retail in the Springfield
|
10 | | Administration Building of the Department of Transportation |
11 | | and the
Illinois State Armory in Springfield; provided, that |
12 | | the controlling
government authority may consent to such sales |
13 | | only if
|
14 | | a. the request is from a not-for-profit organization;
|
15 | | b. such sales would not impede normal operations of the |
16 | | departments
involved;
|
17 | | c. the not-for-profit organization provides dram shop |
18 | | liability in
maximum insurance coverage limits and agrees |
19 | | to defend, save harmless
and indemnify the State of |
20 | | Illinois from all financial loss, damage or harm;
|
21 | | d. no such sale shall be made during normal working |
22 | | hours of the
State of Illinois; and
|
23 | | e. the consent is in writing.
|
24 | | Alcoholic liquors may be sold at retail in buildings in |
25 | | recreational
areas of river conservancy districts under the |
26 | | control of, or leased
from, the river conservancy districts. |
|
| | HB3836 Engrossed | - 52 - | LRB098 15397 ZMM 50426 b |
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1 | | Such sales are subject to
reasonable local regulations as |
2 | | provided in Article IV; however, no such
regulations may |
3 | | prohibit or substantially impair the sale of alcoholic
liquors |
4 | | on Sundays or Holidays.
|
5 | | Alcoholic liquors may be provided in long term care |
6 | | facilities owned or
operated by a county under Division 5-21 or |
7 | | 5-22 of the Counties Code,
when approved by the facility |
8 | | operator and not in conflict
with the regulations of the |
9 | | Illinois Department of Public Health, to
residents of the |
10 | | facility who have had their consumption of the alcoholic
|
11 | | liquors provided approved in writing by a physician licensed to |
12 | | practice
medicine in all its branches.
|
13 | | Alcoholic liquors may be delivered to and dispensed in |
14 | | State housing
assigned to employees of the Department of |
15 | | Corrections.
No person shall furnish or allow to be furnished |
16 | | any alcoholic
liquors to any prisoner confined in any jail, |
17 | | reformatory, prison or house
of correction except upon a |
18 | | physician's prescription for medicinal purposes.
|
19 | | Alcoholic liquors may be sold at retail or dispensed at the |
20 | | Willard Ice
Building in Springfield, at the State Library in |
21 | | Springfield, and at
Illinois State Museum facilities by (1) an
|
22 | | agency of the State, whether legislative, judicial or |
23 | | executive, provided
that such agency first obtains written |
24 | | permission to sell or dispense
alcoholic liquors from the |
25 | | controlling government authority, or by (2) a
not-for-profit |
26 | | organization, provided that such organization:
|
|
| | HB3836 Engrossed | - 53 - | LRB098 15397 ZMM 50426 b |
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|
1 | | a. Obtains written consent from the controlling |
2 | | government authority;
|
3 | | b. Sells or dispenses the alcoholic liquors in a manner |
4 | | that does not
impair normal operations of State offices |
5 | | located in the building;
|
6 | | c. Sells or dispenses alcoholic liquors only in |
7 | | connection with an
official activity in the building;
|
8 | | d. Provides, or its catering service provides, dram |
9 | | shop liability
insurance in maximum coverage limits and in |
10 | | which the carrier agrees to
defend, save harmless and |
11 | | indemnify the State of Illinois from all
financial loss, |
12 | | damage or harm arising out of the selling or dispensing of
|
13 | | alcoholic liquors.
|
14 | | Nothing in this Act shall prevent a not-for-profit |
15 | | organization or agency
of the State from employing the services |
16 | | of a catering establishment for
the selling or dispensing of |
17 | | alcoholic liquors at authorized functions.
|
18 | | The controlling government authority for the Willard Ice |
19 | | Building in
Springfield shall be the Director of the Department |
20 | | of Revenue. The
controlling government authority for Illinois |
21 | | State Museum facilities shall
be the Director of the Illinois |
22 | | State Museum. The controlling government
authority for the |
23 | | State Library in Springfield shall be the Secretary of State.
|
24 | | Alcoholic liquors may be delivered to and sold at retail or |
25 | | dispensed
at any facility, property or building under the |
26 | | jurisdiction of the
Historic Sites and Preservation Division of |
|
| | HB3836 Engrossed | - 54 - | LRB098 15397 ZMM 50426 b |
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|
1 | | the
Historic Preservation Agency
or the Abraham
Lincoln |
2 | | Presidential Library and Museum
where the delivery, sale or
|
3 | | dispensing is by (1)
an agency of the State, whether |
4 | | legislative, judicial or executive,
provided that such agency |
5 | | first obtains written permission to sell or
dispense alcoholic |
6 | | liquors from a controlling government authority, or by (2) an |
7 | | individual or organization provided that such individual or |
8 | | organization:
|
9 | | a. Obtains written consent from the controlling |
10 | | government authority;
|
11 | | b. Sells or dispenses the alcoholic liquors in a manner |
12 | | that does not
impair normal workings of State offices or |
13 | | operations located at the
facility, property or building;
|
14 | | c. Sells or dispenses alcoholic liquors only in |
15 | | connection with an
official activity of the individual or |
16 | | organization in the facility,
property or building;
|
17 | | d. Provides, or its catering service provides, dram |
18 | | shop liability
insurance in maximum coverage limits and in |
19 | | which the carrier agrees to
defend, save harmless and |
20 | | indemnify the State of Illinois from all
financial loss, |
21 | | damage or harm arising out of the selling or dispensing of
|
22 | | alcoholic liquors.
|
23 | | The controlling government authority for the
Historic |
24 | | Sites and Preservation Division of the
Historic Preservation |
25 | | Agency
shall be the Director of the Historic Sites and |
26 | | Preservation Agency , and the
controlling
government authority |
|
| | HB3836 Engrossed | - 55 - | LRB098 15397 ZMM 50426 b |
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1 | | for the Abraham Lincoln Presidential Library and Museum
shall |
2 | | be the Executive Director of the Abraham Lincoln Presidential |
3 | | Library and Museum.
|
4 | | Alcoholic liquors may be delivered to and sold at retail or |
5 | | dispensed for
consumption at the Michael Bilandic Building at |
6 | | 160 North LaSalle Street,
Chicago IL 60601, after the normal |
7 | | business hours of any day care or child care
facility located |
8 | | in the building, by (1) a commercial tenant or subtenant
|
9 | | conducting business on the premises under a lease made pursuant |
10 | | to Section
405-315 of the Department of Central Management |
11 | | Services Law (20 ILCS
405/405-315), provided that such tenant |
12 | | or subtenant who accepts delivery of,
sells, or dispenses |
13 | | alcoholic liquors shall procure and maintain dram shop
|
14 | | liability insurance in maximum coverage limits and in which the |
15 | | carrier
agrees to defend, indemnify, and save harmless the |
16 | | State of Illinois from
all financial loss, damage, or harm |
17 | | arising out of the delivery, sale, or
dispensing of alcoholic |
18 | | liquors, or by (2) an agency of the State, whether
legislative, |
19 | | judicial, or executive, provided that such agency first obtains
|
20 | | written permission to accept delivery of and sell or dispense |
21 | | alcoholic liquors
from the Director of Central Management |
22 | | Services, or by (3) a not-for-profit
organization, provided |
23 | | that such organization:
|
24 | | a. obtains written consent from the Department of |
25 | | Central Management
Services;
|
26 | | b. accepts delivery of and sells or dispenses the |
|
| | HB3836 Engrossed | - 56 - | LRB098 15397 ZMM 50426 b |
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1 | | alcoholic liquors in a
manner that does not impair normal |
2 | | operations of State offices located in the
building;
|
3 | | c. accepts delivery of and sells or dispenses alcoholic |
4 | | liquors only in
connection with an official activity in the |
5 | | building; and
|
6 | | d. provides, or its catering service provides, dram |
7 | | shop liability
insurance in maximum coverage limits and in |
8 | | which the carrier agrees to
defend, save harmless, and |
9 | | indemnify the State of Illinois from all
financial loss, |
10 | | damage, or harm arising out of the selling or dispensing of
|
11 | | alcoholic liquors.
|
12 | | Nothing in this Act shall prevent a not-for-profit |
13 | | organization or agency
of the State from employing the services |
14 | | of a catering establishment for
the selling or dispensing of |
15 | | alcoholic liquors at functions authorized by
the Director of |
16 | | Central Management Services.
|
17 | | Alcoholic liquors may be sold at retail or dispensed at the |
18 | | James R.
Thompson Center in Chicago, subject to the provisions |
19 | | of Section 7.4 of the
State Property Control Act, and 222 South |
20 | | College Street in Springfield,
Illinois by (1) a commercial |
21 | | tenant or subtenant conducting business on the
premises under a |
22 | | lease or sublease made pursuant to Section 405-315 of the
|
23 | | Department of Central Management Services Law (20 ILCS |
24 | | 405/405-315), provided
that such tenant or subtenant who
sells |
25 | | or dispenses alcoholic liquors shall procure and maintain dram |
26 | | shop
liability insurance in maximum coverage limits and in |
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| | HB3836 Engrossed | - 57 - | LRB098 15397 ZMM 50426 b |
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|
1 | | which the carrier
agrees to defend, indemnify and save harmless |
2 | | the State of Illinois from
all financial loss, damage or harm |
3 | | arising out of the sale or dispensing of
alcoholic liquors, or |
4 | | by (2) an agency of the State, whether legislative,
judicial or |
5 | | executive, provided that such agency first obtains written
|
6 | | permission to sell or dispense alcoholic liquors from the |
7 | | Director of
Central Management Services, or by (3) a |
8 | | not-for-profit organization,
provided that such organization:
|
9 | | a. Obtains written consent from the Department of |
10 | | Central Management
Services;
|
11 | | b. Sells or dispenses the alcoholic liquors in a manner |
12 | | that does not
impair normal operations of State offices |
13 | | located in the building;
|
14 | | c. Sells or dispenses alcoholic liquors only in |
15 | | connection with an
official activity in the building;
|
16 | | d. Provides, or its catering service provides, dram |
17 | | shop liability
insurance in maximum coverage limits and in |
18 | | which the carrier agrees to
defend, save harmless and |
19 | | indemnify the State of Illinois from all
financial loss, |
20 | | damage or harm arising out of the selling or dispensing of
|
21 | | alcoholic liquors.
|
22 | | Nothing in this Act shall prevent a not-for-profit |
23 | | organization or agency
of the State from employing the services |
24 | | of a catering establishment for
the selling or dispensing of |
25 | | alcoholic liquors at functions authorized by
the Director of |
26 | | Central Management Services.
|
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1 | | Alcoholic liquors may be sold or delivered at any facility |
2 | | owned by the
Illinois Sports Facilities Authority provided that |
3 | | dram shop liability
insurance has been made available in a |
4 | | form, with such coverage and in such
amounts as the Authority |
5 | | reasonably determines is necessary.
|
6 | | Alcoholic liquors may be sold at retail or dispensed at the |
7 | | Rockford
State Office Building by (1) an agency of the State, |
8 | | whether legislative,
judicial or executive, provided that such |
9 | | agency first obtains written
permission to sell or dispense |
10 | | alcoholic liquors from the Department of
Central Management |
11 | | Services, or by (2) a not-for-profit organization,
provided |
12 | | that such organization:
|
13 | | a. Obtains written consent from the Department of |
14 | | Central Management
Services;
|
15 | | b. Sells or dispenses the alcoholic liquors in a manner |
16 | | that does not
impair normal operations of State offices |
17 | | located in the building;
|
18 | | c. Sells or dispenses alcoholic liquors only in |
19 | | connection with an
official activity in the building;
|
20 | | d. Provides, or its catering service provides, dram |
21 | | shop liability
insurance in maximum coverage limits and in |
22 | | which the carrier agrees to defend,
save harmless and |
23 | | indemnify the State of Illinois from all financial loss,
|
24 | | damage or harm arising out of the selling or dispensing of |
25 | | alcoholic liquors.
|
26 | | Nothing in this Act shall prevent a not-for-profit |
|
| | HB3836 Engrossed | - 59 - | LRB098 15397 ZMM 50426 b |
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|
1 | | organization or agency
of the State from employing the services |
2 | | of a catering establishment for
the selling or dispensing of |
3 | | alcoholic liquors at functions authorized by
the Department of |
4 | | Central Management Services.
|
5 | | Alcoholic liquors may be sold or delivered in a building |
6 | | that is owned
by McLean County, situated on land owned by the |
7 | | county in the City of
Bloomington, and used by the McLean |
8 | | County Historical Society if the sale
or delivery is approved |
9 | | by an ordinance adopted by the county board, and
the |
10 | | municipality in which the building is located may not prohibit |
11 | | that
sale or delivery, notwithstanding any other provision of |
12 | | this Section. The
regulation of the sale and delivery of |
13 | | alcoholic liquor in a building that
is owned by McLean County, |
14 | | situated on land owned by the county, and used
by the McLean |
15 | | County Historical Society as provided in this paragraph is an
|
16 | | exclusive power and function of the State and is a denial and |
17 | | limitation
under Article VII, Section 6, subsection (h) of the |
18 | | Illinois Constitution
of the power of a home rule municipality |
19 | | to regulate that sale and delivery.
|
20 | | Alcoholic liquors may be sold or delivered in any building |
21 | | situated on
land held in trust for any school district |
22 | | organized under Article 34 of
the School Code, if the building |
23 | | is not used for school purposes and if the
sale or delivery is |
24 | | approved by the board of education.
|
25 | | Alcoholic liquors may be sold or delivered in buildings |
26 | | owned
by the Community Building Complex Committee of Boone |
|
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1 | | County,
Illinois if the person or facility selling or |
2 | | dispensing the
alcoholic liquor has provided dram shop |
3 | | liability insurance with coverage and
in amounts that the |
4 | | Committee reasonably determines are necessary.
|
5 | | Alcoholic liquors may be sold or delivered in the building |
6 | | located at
1200 Centerville Avenue in Belleville, Illinois and |
7 | | occupied by either the
Belleville Area Special Education |
8 | | District or the Belleville Area Special
Services
Cooperative. |
9 | | Alcoholic liquors may be delivered to and sold at the Louis |
10 | | Joliet
Renaissance Center, City Center Campus, located at 214 |
11 | | N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts |
12 | | Department facilities, Main Campus, located at
1215 Houbolt |
13 | | Road, Joliet, owned by or under the control of Joliet Junior
|
14 | | College,
Illinois Community College District No. 525.
|
15 | | Alcoholic liquors may be delivered to and sold at Triton |
16 | | College, Illinois Community College District No. 504. |
17 | | Alcoholic liquors may be delivered to and sold at the |
18 | | College of DuPage, Illinois Community College District No. 502. |
19 | | Alcoholic liquors may be delivered to and sold at the |
20 | | building located at 446 East Hickory Avenue in Apple River, |
21 | | Illinois, owned by the Apple River Fire Protection District, |
22 | | and occupied by the Apple River Community Association if the |
23 | | alcoholic liquor is sold or dispensed only in connection with |
24 | | organized functions approved by the Apple River Community |
25 | | Association for which the planned attendance is 20 or more |
26 | | persons and if the person or facility selling or dispensing the |
|
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|
1 | | alcoholic liquor has provided dram shop liability insurance in |
2 | | maximum limits so as to hold harmless the Apple River Fire |
3 | | Protection District, the Village of Apple River, and the Apple |
4 | | River Community Association from all financial loss, damage, |
5 | | and harm. |
6 | | Alcoholic liquors may be delivered to and sold at the Sikia |
7 | | Restaurant, Kennedy King College Campus, located at 740 West |
8 | | 63rd Street, Chicago, and at the Food Services in the Great |
9 | | Hall/Washburne Culinary Institute Department facility, Kennedy |
10 | | King College Campus, located at 740 West 63rd Street, Chicago, |
11 | | owned by or under the control of City Colleges of Chicago, |
12 | | Illinois Community College District No. 508.
|
13 | | (Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51, |
14 | | eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11; |
15 | | 97-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff. |
16 | | 3-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; revised |
17 | | 9-24-13.) |
18 | | (20 ILCS 3405/17 rep.) |
19 | | (20 ILCS 3405/30 rep.) |
20 | | (20 ILCS 3405/31 rep.) |
21 | | (20 ILCS 3405/32 rep.) |
22 | | (20 ILCS 3405/33 rep.) |
23 | | Section 65. The Historic Preservation Agency Act is amended |
24 | | by repealing Sections 17, 30, 31, 32, and 33. |