SB0302 EngrossedLRB102 10757 RJF 16086 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Records Act is amended by changing
5Sections 16 and 22a as follows:
 
6    (5 ILCS 160/16)  (from Ch. 116, par. 43.19)
7    Sec. 16. There is created the State Records Commission.
8The Commission shall consist of the following State officials
9or their authorized representatives: the Secretary of State,
10who shall act as chairman; the Executive Director of the
11Abraham Lincoln Presidential Library and Museum the State
12Historian, who shall serve as secretary; the State Treasurer;
13the Director of Central Management Services; the Attorney
14General; and the State Comptroller. The Commission shall meet
15whenever called by the chairman, who shall have no vote on
16matters considered by the Commission. It shall be the duty of
17the Commission to determine what records no longer have any
18administrative, fiscal, legal, research, or historical value
19and should be destroyed or disposed of otherwise. The
20Commission may make recommendations to the Secretary of State
21concerning policies, guidelines, and best practices for
22addressing electronic records management issues as authorized
23under Section 37 of the Government Electronic Records Act.

 

 

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1(Source: P.A. 97-249, eff. 8-4-11.)
 
2    (5 ILCS 160/22a)  (from Ch. 116, par. 43.25a)
3    Sec. 22a. There is hereby created the State Archives
4Advisory Board consisting of 12 voting members and 2 nonvoting
5members.
6    The voting members shall be appointed by the Secretary of
7State as follows: A member of the State Records Commission, a
8member of a Local Records Commission, a member of a local
9historical society or museum, a university archivist, a person
10in the field of education specializing in either history or
11political science, a genealogist, a research or reference
12librarian, a person who is employed or engaged as an archivist
13by a business establishment and 4 public members.
14    The nonvoting members shall be the Director of the State
15Library and the Executive Director of the Abraham Lincoln
16Presidential Library and Museum State Historian who shall
17serve ex-officio.
18    Four of the initial appointees shall serve a 1-year term;
19four shall serve 2-year terms; and the remaining 4 shall serve
203-year terms. The terms of the initial appointees shall be
21specified by the Secretary of State at the time of
22appointments. Subsequent to the initial appointments all
23members shall hold office for a period of 3 years. Vacancies
24shall be filled by appointment of the Secretary of State for
25the unexpired balance of the term. No person shall serve for

 

 

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1more than 2 consecutive 3-year terms.
2    The State Archives Advisory Board shall elect from its own
3members one chairman and one vice chairman.
4    The members appointed to the Board shall serve without
5compensation but shall be reimbursed for necessary expenses
6incurred in the performance of their duties.
7(Source: P.A. 83-523.)
 
8    (20 ILCS 3425/Act rep.)
9    Section 10. The State Historical Library Act is repealed.
 
10    Section 15. The Abraham Lincoln Presidential Library and
11Museum Act is amended by changing Sections 15, 20, 30, 35, 40,
12and 45 and by adding Section 3 as follows:
 
13    (20 ILCS 3475/3 new)
14    Sec. 3. Executive Order superseded. Executive Order No.
152017-1 created the Abraham Lincoln Presidential Library and
16Museum as a State agency under the jurisdiction of the
17Governor. This Act is the implementation of that Executive
18Order. To the extent that there is a conflict between the
19provisions of the Executive Order and this Act, this Act
20supersedes the Executive Order, and shall be controlling.
 
21    (20 ILCS 3475/15)
22    Sec. 15. Board. There shall be a Board of Trustees of the

 

 

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1Abraham Lincoln Presidential Library and Museum to set policy
2and advise the Abraham Lincoln Presidential Library and Museum
3and the Executive Director on programs related to the Abraham
4Lincoln Presidential Library and Museum and to exercise the
5powers and duties given to it under Section 25 of this Act. The
6Abraham Lincoln Presidential Library and Museum and the
7Abraham Lincoln Presidential Library Foundation shall mutually
8cooperate to maximize resources available to the Abraham
9Lincoln Presidential Library and Museum and to support,
10sustain, and provide educational programs and collections at
11the Abraham Lincoln Presidential Library and Museum. Any
12membership fees collected by the Abraham Lincoln Presidential
13Library Foundation may be used to support the Abraham Lincoln
14Presidential Library and Museum programs or collections at the
15Foundation's discretion.
16    The terms of the mutual cooperation shall be set forth in a
17memorandum of understanding or similar written document for an
18agreed-upon term concluding on December 31st of a particular
19year and shall include, at a minimum, the following:
20        (a) an authorization by the Agency for the Foundation
21    to operate, directly or through subcontractors, food
22    service, catering service, and retail activities at the
23    Abraham Lincoln Presidential Library and Museum with the
24    net proceeds being made available by the Foundation to the
25    Abraham Lincoln Presidential Library and Museum;
26        (b) a requirement that the Foundation annually provide

 

 

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1    to the Office of the Governor and the General Assembly the
2    following:
3            (1) any audit of the Foundation's financial
4        statements performed by an independent auditor;
5            (2) the most recent Form 990 federal tax return
6        filed by the Foundation with the Internal Revenue
7        Service; and
8            (3) an annual report including income and
9        expenditures of funds raised as a result of the
10        Foundation's operation, directly or through
11        subcontractors, for food service, catering service,
12        and retail activities at the Abraham Lincoln
13        Presidential Library and Museum; and
14        (c) the establishment of a working group with 7
15    members, composed of 3 members of the Board and 3 members
16    of the Board of Directors of the Foundation, with such
17    members appointed by the respective chair of each board,
18    together with the State Historian. The working group shall
19    collaborate to advance the interests of the Agency and, as
20    an initial responsibility, shall develop an official
21    mission statement for the Agency which shall be presented
22    to the Board and the Board of Directors of the Foundation
23    for adoption and which shall serve to align and guide the
24    efforts of both the Agency and the Foundation. Except for
25    the State Historian, ex officio members of either board
26    are not eligible to be appointed as members of the working

 

 

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1    group. The working group shall meet at least once each
2    quarter and shall be chaired by the State Historian. The
3    Foundation shall provide staff support to the working
4    group to maintain attendance and other necessary records
5    of the working group.
6(Source: P.A. 100-120, eff. 8-18-17; 101-535, eff. 8-23-19.)
 
7    (20 ILCS 3475/20)
8    Sec. 20. Composition of the Board. The Board of Trustees
9shall consist of 11 members to be appointed by the Governor,
10with the advice and consent of the Senate. The Board shall
11consist of members with the following qualifications:
12        (1) One member shall have recognized knowledge and
13    ability in matters related to business administration.
14        (2) One member shall have recognized knowledge and
15    ability in matters related to the history of Abraham
16    Lincoln.
17        (3) One member shall have recognized knowledge and
18    ability in matters related to the history of Illinois.
19        (4) One member shall have recognized knowledge and
20    ability in matters related to library and museum studies.
21        (5) One member shall have recognized knowledge and
22    ability in matters related to historic preservation.
23        (6) One member shall have recognized knowledge and
24    ability in matters related to cultural tourism.
25        (7) One member shall have recognized knowledge and

 

 

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1    ability in matters related to conservation, digitization,
2    and technological innovation.
3    The initial terms of office shall be designated by the
4Governor as follows: one member to serve for a term of one
5year, 2 members to serve for a term of 2 years, 2 members to
6serve for a term of 3 years, 2 members to serve for a term of 4
7years, 2 members to serve for a term of 5 years, and 2 members
8to serve for a term of 6 years. Thereafter, all appointments
9shall be for a term of 6 years. The Governor shall appoint one
10of the members to serve as chairperson at the pleasure of the
11Governor.
12    The members of the Board shall serve without compensation
13but shall be entitled to reimbursement for all necessary
14expenses incurred in the performance of their official duties
15as members of the Board from funds appropriated for that
16purpose.
17    To facilitate communication and cooperation between the
18Agency and the Abraham Lincoln Presidential Library
19Foundation, the Foundation CEO shall serve as a non-voting, ex
20officio member of the Board.
21(Source: P.A. 100-120, eff. 8-18-17; 100-863, eff. 8-14-18.)
 
22    (20 ILCS 3475/30)
23    Sec. 30. Administration of the Agency. The Agency shall be
24under the supervision and direction of an Executive Director.
25The person serving on the effective date of this Act as Library

 

 

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1Director, as defined in Section 33 of the Historic
2Preservation Act, shall become the inaugural Executive
3Director on the effective date of this Act and shall serve as
4Executive Director until the expiration of his then-current
5term as Library Director. Thereafter, the Board shall appoint
6the Executive Director with the advice and consent of the
7Senate. The Executive Director shall serve at the pleasure of
8the Board for a term of 4 years. The Executive Director shall,
9subject to applicable provisions of law, execute and discharge
10the powers and duties of the Agency. The Executive Director
11shall have hiring power and shall appoint (a) a Library
12Facilities Operations Director; and (b) a Director of the
13Library. The Executive Director shall appoint those other
14employees of the Agency as he or she deems appropriate and
15shall fix the compensation of the Library Facilities
16Operations Director, the Director of the Library and other
17employees. The Executive Director may make provision to
18establish and collect admission and registration fees, operate
19a gift shop, and publish and sell educational and
20informational materials.
21(Source: P.A. 100-120, eff. 8-18-17; 100-695, eff. 8-3-18.)
 
22    (20 ILCS 3475/35)
23    Sec. 35. Exchange State Historian; exchange historical
24records. The Agency State Historian shall make all necessary
25rules, regulations, and bylaws not inconsistent with law to

 

 

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1carry into effect the purposes of this Act and to procure from
2time to time as may be possible and practicable, at reasonable
3costs, all books, pamphlets, manuscripts, monographs,
4writings, and other material of historical interest and useful
5to the Agency historian bearing upon the political, physical,
6religious, or social history of the State of Illinois from the
7earliest known period of time. The Agency State Historian may,
8with the consent of the Board, exchange any books, pamphlets,
9manuscripts, records, or other materials which such library
10may acquire that are of no historical interest or for any
11reason are of no value to it, with any other library, school or
12historical society. The Agency State Historian shall
13distribute volumes of the series known as the Illinois
14Historical Collections now in print, and to be printed, to all
15who may apply for same and who pay to the Library and Museum
16for such volumes an amount fixed by the Agency State Historian
17sufficient to cover the expenses of printing and distribution
18of each volume received by such applicants. However, the
19Agency State Historian shall have authority to furnish 25 of
20each of the volumes of the Illinois Historical Collections,
21free of charge, to each of the authors and editors of the
22Collections or parts thereof; to furnish, as in his or her
23discretion he or she deems necessary or desirable, a
24reasonable number of each of the volumes of the Collections
25without charge to archives, libraries, and similar
26institutions from which material has been drawn or assistance

 

 

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1has been given in the preparation of such Collections, and to
2the officials thereof; and to furnish, as in his or her
3discretion he or she deems necessary or desirable, a
4reasonable number of each of the volumes of the Collections
5without charge to the University of Illinois Library and to
6instructors and officials of that University, and to public
7libraries in the State of Illinois. The Agency State Historian
8may, with the consent of the Board, also make exchanges of the
9Historical Collections with any other library, school or
10historical society, and distribute volumes of the Collections
11for review purposes.
12(Source: P.A. 100-120, eff. 8-18-17.)
 
13    (20 ILCS 3475/40)
14    Sec. 40. Illinois State Historian; appointment.
15    (a) The Governor, in consultation with Executive Director,
16with the advice and consent of the Board and the Illinois
17Historical Society, shall appoint the Illinois State
18Historian, who shall provide historical expertise, support,
19and service on civic engagement to educators and
20not-for-profit educational groups, including historical
21societies. The State Historian is the State's leading
22authority on the history of Illinois.
23    (b) The Illinois State Historian shall be appointed based
24on the recommendation from the Abraham Lincoln Presidential
25Library and Museum Board of Trustees who shall consult the

 

 

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1Illinois State Historical Society. The Board in consultation
2with the Illinois State Historical Society shall develop
3qualifications for the Illinois State Historian to be approved
4by the Board no later than 120 days after the enactment of this
5amendatory Act of the 102nd General Assembly.
6    (c) Qualifications for the Illinois State Historian must
7include expertise in the history of at least one
8underrepresented minority group in this State, including, but
9not limited to: African-American history; Native American
10history; Latinx history; Asian-American history; and LGBTQIA
11history.
12    (d) An individual designated as the Illinois State
13Historian retains the designation for 2 years from the date of
14appointment and the term is renewable only by the Governor's
15appointment for one additional consecutive 2-year term.
16(Source: P.A. 100-120, eff. 8-18-17.)
 
17    (20 ILCS 3475/45)
18    Sec. 45. Historical records State Historian; historical
19records. The Library Services Director in consultation with
20historian staff at the Agency State Historian shall establish
21and supervise a program within the Agency designed to preserve
22as historical records selected past editions of newspapers of
23this State. Such editions and other materials shall be
24preserved in accordance with industry standards and shall be
25stored in a place provided by the Agency. The negatives of

 

 

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1microphotographs and other materials shall be stored in a
2place provided by the Agency.
3    The Library Services Director in consultation with
4historian staff at the Agency State Historian shall determine
5on the basis of historical value the various newspaper edition
6files which shall be preserved and shall arrange a schedule
7for such preservation. The Library Services Director State
8Historian shall supervise the making of arrangements for
9acquiring access to past edition files and copyright
10permissions with the editors or publishers of the various
11newspapers.
12    The method of microphotography to be employed in this
13program shall conform to the standards established pursuant to
14Section 17 of the State Records Act.
15    Upon payment to the Agency of the required fee, any person
16or organization shall be granted access to the preserved
17editions of supplied with any prints requested to be made from
18the newspapers and all records. The fee schedule shall be
19determined and approved by the Board annually required shall
20be determined by the State Historian and shall be equal in
21amount to the costs incurred by the Agency in granting such
22access supplying the requested prints.
23(Source: P.A. 100-120, eff. 8-18-17.)
 
24    (20 ILCS 5030/Act rep.)
25    Section 20. The Illinois Sesquicentennial of the American

 

 

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1Civil War Commission Act is repealed.
 
2    Section 25. The Local Historian Act is amended by changing
3Section 2 as follows:
 
4    (50 ILCS 130/2)  (from Ch. 85, par. 5702)
5    Sec. 2. Each local historian in cooperation with the State
6Historian shall collect and preserve material relating to the
7history of the political subdivision for which he was
8appointed and shall maintain such material in fireproof safes
9or vaults or other fireproof areas within the offices of the
10political subdivision. The local historian shall inquire into
11the maintenance, classification and safety from fire of public
12records and shall recommend to the governing body any actions
13necessary for their better preservation and any materials of
14historic value which the political subdivision should acquire.
15    The local historian may cooperate with any individual or
16any public or private civic, patriotic or historic group or
17association and participate in the organized efforts of such
18individuals, groups and associations for the preparation and
19publication of local histories, records and reports, the
20collection and preservation of local historic artifacts, the
21restoration and preservation of local historic edifices, the
22erection of local historic monuments and markers and the
23recording and documentation of current events of local
24historic interest or significance.

 

 

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1    Each local historian shall annually report to the
2governing body upon his activities and recommendations.
3    An annual report shall also be sent to the Abraham Lincoln
4Presidential Library and Museum State Historian.
5(Source: P.A. 84-736.)
 
6    Section 30. The Local Records Act is amended by changing
7Section 6 as follows:
 
8    (50 ILCS 205/6)  (from Ch. 116, par. 43.106)
9    Sec. 6. For those agencies comprising counties of
103,000,000 or more inhabitants or located in or coterminous
11with any such county or a majority of whose inhabitants reside
12in any such county, this Act shall be administered by a Local
13Records Commission consisting of the president of the county
14board of the county wherein the records are kept, the mayor of
15the most populous city in such county, the State's attorney of
16such county, the County comptroller, the State archivist, and
17the Executive Director of the Abraham Lincoln Presidential
18Library and Museum State historian. The president of the
19county board shall be the chairman of the Commission.
20    For all other agencies, this Act shall be administered by
21a Local Records Commission consisting of a chairman of a
22county board, who shall be chairman of the Commission, a mayor
23or president of a city, village or incorporated town, a county
24auditor, and a State's attorney, all of whom shall be

 

 

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1appointed by the Governor, the State archivist, and the
2Executive Director of the Abraham Lincoln Presidential Library
3and Museum State historian.
4    A member of either Commission may designate a substitute.
5    Either Commission may employ such technical, professional
6and clerical assistants as are necessary.
7    Either Commission shall meet upon call of its chairman.
8(Source: P.A. 100-201, eff. 8-18-17.)