SB2976 EnrolledLRB103 38289 JAG 68424 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 Historic Preservation Act is amended by
5changing Sections 2, 4.5, 6, 8, 16, and 35 and by adding
6Sections 4.7 and 21 as follows:
 
7    (20 ILCS 3405/2)  (from Ch. 127, par. 2702)
8    Sec. 2. For the purposes of this Act:
9    (a) (Blank);
10    (b) "Board" means the State Historic Preservation Board
11(Blank);
12    (b-5) "Department" means the Department of Natural
13Resources.
14    (c) "Director" means the Director of Natural Resources;
15    (d) (Blank);
16    (e) (Blank);
17    (f) (Blank); and
18    (g) "Historic Sites and Preservation Division" means the
19Division of Historic Preservation within the Department of
20Natural Resources; and .
21    (h) "State Historic Site" means a property that has been
22deemed by the Board and the Department to have a State,
23national, or international level of historic significance.

 

 

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1(Source: P.A. 100-120, eff. 8-18-17; 100-695, eff. 8-3-18.)
 
2    (20 ILCS 3405/4.5)
3    Sec. 4.5. Division of Historic Preservation. On and after
4August 3, 2018 (the effective date of Public Act 100-695), the
5Division of Historic Preservation of the Department of Natural
6Resources Office of Land Management shall be created. The head
7of the Division shall be known as the Division Manager of
8Historic Preservation. The Department of Natural Resources may
9employ or retain other persons to assist in the discharge of
10its functions, subject to the Personnel Code and any other
11applicable Department policies.
12(Source: P.A. 101-81, eff. 7-12-19; 102-1005, eff. 5-27-22.)
 
13    (20 ILCS 3405/4.7 new)
14    Sec. 4.7. State Historic Preservation Board.
15    (a) The State Historic Preservation Board is hereby
16created within the Department.
17    (b) The Board shall consist of 9 voting members appointed
18by the Governor and the Director of the Department, or the
19Director's designee, who shall serve as an ex-officio
20nonvoting member of the Board. Of the members appointed by the
21Governor:
22        (1) 2 members shall have a relevant background in
23    public history or a background in teaching or researching
24    either the history of Illinois or the history of

 

 

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1    historically marginalized communities;
2        (2) one member shall have experience in library
3    studies or archival work in Illinois;
4        (3) 3 members shall be representatives of a
5    community-based organization working on historic
6    preservation in Illinois;
7        (4) one member shall have experience with the federal
8    Americans with Disabilities Act of 1990;
9        (5) one member shall have experience working on
10    federal historic designations; and
11        (6) one member shall be a museum professional.
12    The chairperson of the Board shall be named by the
13Governor from among the voting members of the Board. Each
14member of the Board shall serve a 3-year term and until a
15successor is appointed by the Governor. The Governor may
16remove a Board member for incompetence, dereliction of duty,
17or malfeasance. Of those members appointed by the Governor, at
18least 5 of the members shall represent historically excluded
19and marginalized people. The Governor's Office, with the
20assistance of the Department, shall be responsible for
21ensuring that 5 of the appointed members of the Board consist
22of people who represent historically excluded and marginalized
23people. Knowledge in the following areas shall be prioritized
24in making appointments to the Board: the culture, traditions,
25and history of American Indians and Native Americans, Black
26Americans, Latinos, Latinas, and Hispanic Americans, Asian

 

 

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1Americans and Pacific Islanders, the LGBTQIA+ community,
2immigrants and refugees, people with disabilities, and
3veterans' organizations; women's history; the history of
4Illinois' agriculture, architecture, armed forces, arts,
5civics, cultural geography, ecology, education, faith-based
6communities, folklore, government, industry, labor, law,
7medicine, and transportation; anthropology; archaeology;
8cultural exhibits and museums; heritage tourism; historic
9preservation; and social justice.
10    (c) Board meetings shall be called at regular intervals
11set by the Board, on the request of the Department, or upon
12written notice signed by at least 5 members of the Board, but
13in no event less than once quarterly.
14    (d) A majority of the members of the Board constitutes a
15quorum for the transaction of business at a meeting of the
16Board. If a quorum is met, a majority of the members present
17and serving is required for official action of the Board.
18    (e) All business that the Board is authorized to perform
19shall be conducted at a public meeting of the Board, held in
20compliance with the Open Meetings Act.
21    (f) Public records of the Board are subject to disclosure
22under the Freedom of Information Act.
23    (g) The members of the Board shall serve without
24compensation but shall be entitled to reimbursement for all
25necessary expenses incurred in the performance of their
26official duties as members of the Board from funds

 

 

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1appropriated for that purpose. Reimbursement for travel,
2meals, and lodging shall be in accordance with the rules of the
3Governor's Travel Control Board.
4    (h) The Board has the following powers and duties:
5        (1) The Board shall adopt rules in accordance with the
6    Illinois Administrative Procedure Act, for the
7    administration and execution of the powers granted under
8    this Act. All rules that are authorized to be adopted
9    under this Act shall be adopted after consultation with
10    and written approval by the Department.
11        (2) The Board shall list, delist, create specific list
12    designations, create designation definitions, create
13    property assessment criteria, or change the listing
14    designation of State Historic Sites. Such actions shall be
15    undertaken by administrative rule. The listing, delisting,
16    creation of specific list designations or designation
17    definitions, or change of listing designation by the Board
18    shall only be done with the written approval of the
19    Director of Natural Resources. When listing, delisting, or
20    making a change of listing designation, the Board shall
21    consider, but is not limited to, the following:
22            (A) the budgetary impact on the full historic
23        sites portfolio when taking such action;
24            (B) if the action includes the stories of
25        historically excluded and marginalized people;
26            (C) the geographic balance of the portfolio;

 

 

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1            (D) disability access;
2            (E) opportunities to coordinate with federal
3        historic designations or federal funding
4        opportunities; and
5            (F) any other criteria that have been set out in
6        administrative rule.
7        (3) The Board shall advise the Department on methods
8    of assistance, protection, conservation, and management of
9    State Historic Sites, which are all subject to Department
10    approval and available appropriations to implement those
11    recommendations.
12    (i) The Department shall provide administrative support to
13the Board.
 
14    (20 ILCS 3405/6)  (from Ch. 127, par. 2706)
15    Sec. 6. Jurisdiction. The Department shall have
16jurisdiction over the following described areas which are
17hereby designated by administrative rule as State Historic
18Sites, State Memorials, and Miscellaneous Properties. Those
19These sites have been deemed by the Board and the Department to
20have a continuing State, national, or international level of
21historic historical significance and the stewardship and
22caretaking responsibilities to protect and promote are hereby
23bestowed upon the Department. The Board is authorized to
24modify, remove, or add to the list of State Historic Sites that
25are listed in administrative rule in compliance with this Act.

 

 

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1The following sites shall comprise the initial list of State
2Historic Sites that the Board shall initially list in
3administrative rule, but shall be subject to modification,
4removal, or additions by the Board and the Department pursuant
5to this Act:
 
6
State Historic Sites
7    Albany Mounds State Historic Site, Whiteside County;
8    Apple River Fort State Historic Site, Jo Daviess County;
9    Bishop Hill State Historic Site, Henry County;
10    Black Hawk State Historic Site, Rock Island County;
11    Bryant Cottage State Historic Site, Piatt County;
12    Cahokia Courthouse State Historic Site, St. Clair County;
13    Cahokia Mounds State Historic Site, in Madison and St.
14        Clair Counties (however, the Illinois State Museum
15        shall act as curator of artifacts pursuant to the
16        provisions of the Archaeological and Paleontological
17        Resources Protection Act);
18    Crenshaw House State Historic Site, Gallatin County;
19    Dana-Thomas House State Historic Site, Sangamon County;
20    David Davis Mansion State Historic Site, McLean County;
21    Douglas Tomb State Historic Site, Cook County;
22    Fort de Chartres State Historic Site, Randolph County;
23    Fort Kaskaskia State Historic Site, Randolph County;
24    Grand Village of the Illinois, LaSalle County;
25    U. S. Grant Home State Historic Site, Jo Daviess County;

 

 

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1    Hotel Florence, Cook County;
2    Jarrot Mansion State Historic Site, St. Clair County;
3    Jubilee College State Historic Site, Peoria County;
4    Kincaid Mounds State Historic Site, Massac and Pope
5        Counties;
6    Lewis and Clark State Historic Site, Madison County;
7    Lincoln-Herndon Law Offices State Historic Site, Sangamon
8        County;
9    Lincoln Log Cabin State Historic Site, Coles County;
10    Lincoln's New Salem State Historic Site, Menard County;
11    Lincoln Tomb State Historic Site, Sangamon County;
12    Martin Boismenue House State Historic Site, St. Clair
13        County;
14    Pierre Menard Home State Historic Site, Randolph County;
15    Metamora Courthouse State Historic Site, Woodford County;
16    Moore Home State Historic Site, Coles County;
17    Mount Pulaski Courthouse State Historic Site, Logan
18        County;
19    Old Market House State Historic Site, Jo Daviess County;
20    Old State Capitol State Historic Site, Sangamon County;
21    Postville Courthouse State Historic Site, Logan County;
22    Pullman Factory, Cook County;
23    Rose Hotel, Hardin County;
24    Carl Sandburg State Historic Site, Knox County;
25    Shawneetown Bank State Historic Site, Gallatin County;
26    Vachel Lindsay Home, Sangamon County;

 

 

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1    Vandalia State House State Historic Site, Fayette County;
2        and
3    Washburne House State Historic Site, Jo Daviess County.
 
4
State Memorials
5    Buel House, Pope County;
6    Campbell's Island State Memorial, Rock Island County;
7    Governor Bond State Memorial, Randolph County;
8    Governor Coles State Memorial, Madison County;
9    Governor Horner State Memorial, Cook County;
10    Governor Small State Memorial, Kankakee County;
11    Illinois Vietnam Veterans State Memorial, Sangamon County;
12    Kaskaskia Bell State Memorial, Randolph County;
13    Korean War Memorial, Sangamon County;
14    Lincoln Monument State Memorial, Lee County;
15    Lincoln Trail State Memorial, Lawrence County;
16    Lovejoy State Memorial, Madison County;
17    Norwegian Settlers State Memorial, LaSalle County;
18    Wild Bill Hickok State Memorial, LaSalle County; and
19    World War II Veterans Memorial, Sangamon County.
 
20
Miscellaneous Properties
21    Emerald Mound, St. Clair County;
22    Halfway Tavern, Marion County; and
23    Hofmann Tower, Cook County.
24(Source: P.A. 102-246, eff. 1-1-22; 102-1005, eff. 5-27-22.)
 

 

 

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1    (20 ILCS 3405/8)
2    Sec. 8. Business plans. The Department shall create an
3individual business plan for each historic site related to
4Abraham Lincoln that is listed in the relevant administrative
5rule Section 6 of this Act. Each business plan must address
6ways to enhance tourism at the historic site and the historic
7aspect of each site. The Department may seek assistance from
8the Department of Commerce and Economic Opportunity when
9creating the business plans. The Department shall complete the
10business plans no later than January 1, 2008.
11(Source: P.A. 100-695, eff. 8-3-18.)
 
12    (20 ILCS 3405/16)  (from Ch. 127, par. 2716)
13    Sec. 16. The Department shall have the following
14additional powers:
15        (a) To hire agents and employees necessary to carry
16    out the duties and purposes of this Act.
17        (b) To take all measures necessary to erect, maintain,
18    preserve, restore, and conserve all State Historic Sites
19    and State Memorials, except when supervision and
20    maintenance is otherwise provided by law. This
21    authorization includes the power to enter into contracts,
22    acquire and dispose of real and personal property, and
23    enter into leases of real and personal property. The
24    Department has the power to acquire, for purposes

 

 

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1    authorized by law, any real property in fee simple subject
2    to a life estate in the seller in not more than 3 acres of
3    the real property acquired, subject to the restrictions
4    that the life estate shall be used for residential
5    purposes only and that it shall be non-transferable.
6        (c) To provide recreational facilities, including
7    campsites, lodges and cabins, trails, picnic areas, and
8    related recreational facilities, at all sites under the
9    jurisdiction of the Department.
10        (d) To lay out, construct, and maintain all needful
11    roads, parking areas, paths or trails, bridges, camp or
12    lodge sites, picnic areas, lodges and cabins, and any
13    other structures and improvements necessary and
14    appropriate in any State historic site or easement
15    thereto; and to provide water supplies, heat and light,
16    and sanitary facilities for the public and living quarters
17    for the custodians and keepers of State historic sites.
18        (e) To grant licenses and rights-of-way within the
19    areas controlled by the Department for the construction,
20    operation, and maintenance upon, under or across the
21    property, of facilities for water, sewage, telephone,
22    telegraph, electric, gas, or other public service, subject
23    to the terms and conditions as may be determined by the
24    Department.
25        (f) To authorize the officers, employees, and agents
26    of the Department, for the purposes of investigation and

 

 

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1    to exercise the rights, powers, and duties vested and that
2    may be vested in it, to enter and cross all lands and
3    waters in this State, doing no damage to private property.
4        (g) To transfer jurisdiction of or exchange any realty
5    under the control of the Department to any other
6    Department of the State Government, or to any agency of
7    the Federal Government, or to acquire or accept Federal
8    lands, when any transfer, exchange, acquisition, or
9    acceptance is advantageous to the State and is approved in
10    writing by the Governor.
11        (h) To erect, supervise, and maintain all public
12    monuments and memorials erected by the State, except when
13    the supervision and maintenance of public monuments and
14    memorials is otherwise provided by law.
15        (i) To accept, hold, maintain, and administer, as
16    trustee, property given in trust for educational or
17    historic purposes for the benefit of the People of the
18    State of Illinois and to dispose of any property under the
19    terms of the instrument creating the trust.
20        (j) To lease concessions on any property under the
21    jurisdiction of the Department for a period not exceeding
22    25 years and to lease a concession complex at Lincoln's
23    New Salem State Historic Site for which a cash incentive
24    has been authorized under Section 5.1 of this Act for a
25    period not to exceed 40 years. All leases, for whatever
26    period, shall be made subject to the written approval of

 

 

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1    the Governor. All concession leases extending for a period
2    in excess of 10 years, will contain provisions for the
3    Department to participate, on a percentage basis, in the
4    revenues generated by any concession operation.
5        The Department is authorized to allow for provisions
6    for a reserve account and a leasehold account within
7    Department concession lease agreements for the purpose of
8    setting aside revenues for the maintenance,
9    rehabilitation, repair, improvement, and replacement of
10    the concession facility, structure, and equipment of the
11    Department that are part of the leased premises.
12        The lessee shall be required to pay into the reserve
13    account a percentage of gross receipts, as set forth in
14    the lease, to be set aside and expended in a manner
15    acceptable to the Department by the concession lessee for
16    the purpose of ensuring that an appropriate amount of the
17    lessee's moneys are provided by the lessee to satisfy the
18    lessee's incurred responsibilities for the operation of
19    the concession facility under the terms and conditions of
20    the concession lease.
21        The lessee account shall allow for the amortization of
22    certain authorized expenses that are incurred by the
23    concession lessee but that are not an obligation of the
24    lessee under the terms and conditions of the lease
25    agreement. The Department may allow a reduction of up to
26    50% of the monthly rent due for the purpose of enabling the

 

 

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1    recoupment of the lessee's authorized expenditures during
2    the term of the lease.
3        (k) To sell surplus agricultural products grown on
4    land owned by or under the jurisdiction of the Department,
5    when the products cannot be used by the Department.
6        (l) To enforce the laws of the State and the rules and
7    regulations of the Department in or on any lands owned,
8    leased, or managed by the Department.
9        (m) To cooperate with private organizations and
10    agencies of the State of Illinois by providing areas and
11    the use of staff personnel where feasible for the sale of
12    publications on the historic and cultural heritage of the
13    State and craft items made by Illinois craftsmen. These
14    sales shall not conflict with existing concession
15    agreements. The Department is authorized to negotiate with
16    the organizations and agencies for a portion of the monies
17    received from sales to be returned to the Department's
18    Historic Sites Fund for the furtherance of interpretive
19    and restoration programs.
20        (n) To establish local bank or savings and loan
21    association accounts, upon the written authorization of
22    the Director, to temporarily hold income received at any
23    of its properties. The local accounts established under
24    this Section shall be in the name of the Department and
25    shall be subject to regular audits. The balance in a local
26    bank or savings and loan association account shall be

 

 

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1    forwarded to the Department for deposit with the State
2    Treasurer on Monday of each week if the amount to be
3    deposited in a fund exceeds $500.
4        No bank or savings and loan association shall receive
5    public funds as permitted by this Section, unless it has
6    complied with the requirements established under Section 6
7    of the Public Funds Investment Act.
8        (o) To accept offers of gifts, gratuities, or grants
9    from the federal government, its agencies, or offices, or
10    from any person, firm, or corporation.
11        (p) To make reasonable rules and regulations as may be
12    necessary to discharge the duties of the Department.
13        (q) With appropriate cultural organizations, to
14    further and advance the goals of the Department.
15        (r) To make grants for the purposes of planning,
16    survey, rehabilitation, restoration, reconstruction,
17    landscaping, and acquisition of Illinois properties (i)
18    designated individually in the National Register of
19    Historic Places, (ii) designated as a landmark under a
20    county or municipal landmark ordinance, or (iii) located
21    within a National Register of Historic Places historic
22    district or a locally designated historic district when
23    the Director determines that the property is of historic
24    significance whenever an appropriation is made therefor by
25    the General Assembly or whenever gifts or grants are
26    received for that purpose and to promulgate regulations as

 

 

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1    may be necessary or desirable to carry out the purposes of
2    the grants.
3        Grantees may, as prescribed by rule, be required to
4    provide matching funds for each grant. Grants made under
5    this subsection shall be known as Illinois Heritage
6    Grants.
7        Every owner of a historic property, or the owner's
8    agent, is eligible to apply for a grant under this
9    subsection.
10        (s) To establish and implement a pilot program for
11    charging admission to State historic sites. Fees may be
12    charged for special events, admissions, and parking or any
13    combination; fees may be charged at all sites or selected
14    sites. All fees shall be deposited into the Illinois
15    Historic Sites Fund. The Department shall have the
16    discretion to set and adjust reasonable fees at the
17    various sites, taking into consideration various factors,
18    including, but not limited to: cost of services furnished
19    to each visitor, impact of fees on attendance and tourism,
20    and the costs expended collecting the fees. The Department
21    shall keep careful records of the income and expenses
22    resulting from the imposition of fees, shall keep records
23    as to the attendance at each historic site, and shall
24    report to the Governor and General Assembly by January 31
25    after the close of each year. The report shall include
26    information on costs, expenses, attendance, comments by

 

 

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1    visitors, and any other information the Department may
2    believe pertinent, including:
3            (1) Recommendations as to whether fees should be
4        continued at each State historic site.
5            (2) How the fees should be structured and imposed.
6            (3) Estimates of revenues and expenses associated
7        with each site.
8        (t) To provide for overnight tent and trailer
9    campsites and to provide suitable housing facilities for
10    student and juvenile overnight camping groups. The
11    Department shall charge rates similar to those charged by
12    the Department for the same or similar facilities and
13    services.
14        (u) To engage in marketing activities designed to
15    promote the sites and programs administered by the
16    Department. In undertaking these activities, the
17    Department may take all necessary steps with respect to
18    products and services, including, but not limited to,
19    retail sales, wholesale sales, direct marketing, mail
20    order sales, telephone sales, advertising and promotion,
21    purchase of product and materials inventory, design,
22    printing and manufacturing of new products, reproductions,
23    and adaptations, copyright and trademark licensing and
24    royalty agreements, and payment of applicable taxes. In
25    addition, the Department shall have the authority to sell
26    advertising in its publications and printed materials. All

 

 

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1    income from marketing activities shall be deposited into
2    the Illinois Historic Sites Fund.
3        (v) To review and approve in writing rules adopted by
4    the Board.
5(Source: P.A. 102-1005, eff. 5-27-22.)
 
6    (20 ILCS 3405/21 new)
7    Sec. 21. Annual report. Beginning in 2025, the Department
8shall submit an annual report, on or before June 30, to the
9General Assembly containing a full list of the State Historic
10Sites and the sites designations, as recommended by the Board
11and approved by the Department.
 
12    (20 ILCS 3405/35)
13    Sec. 35. Products manufactured in the United States. State
14Historic Sites, State Memorials, and other properties that are
15under the jurisdiction of the Department under Section 6 of
16this Act shall set aside a booth or section for the sale of
17products manufactured in the United States. As used in this
18Section, "products manufactured in the United States" means
19assembled articles, materials, or supplies for which design,
20final assembly, processing, packaging, testing, or other
21process that adds value, quality, or reliability occurred in
22the United States.
23(Source: P.A. 100-695, eff. 8-3-18.)
 

 

 

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1    Section 10. The Illinois Historic Sites Advisory Council
2Act is amended by changing Sections 1, 2, and 3 as follows:
 
3    (20 ILCS 3410/1)  (from Ch. 127, par. 133d1)
4    Sec. 1. This Act shall be known as the Illinois National
5Register Historic Sites Advisory Council Act.
6(Source: P.A. 101-81, eff. 7-12-19.)
 
7    (20 ILCS 3410/2)  (from Ch. 127, par. 133d2)
8    Sec. 2. As used in this Act:
9    (a) "Council" means the Illinois National Register
10Historic Sites Advisory Council.
11    (b) (Blank).
12    (c) (Blank).
13    (c-5) "Department" means the Department of Natural
14Resources.
15    (d) "Director" means the Director of Natural Resources, or
16his or her designee.
17    (d-1) "Historic resource" means any property which is
18either publicly or privately held and which:
19        (1) is listed in the National Register of Historic
20    Places (hereafter "National Register");
21        (2) has been formally determined by the Director to be
22    eligible for listing in the National Register as defined
23    in Section 106 of Title 16 of the United States Code;
24        (3) has been nominated by the Director and the

 

 

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1    Illinois National Register Historic Sites Advisory Council
2    for listing in the National Register; or
3        (4) meets one or more criteria for listing in the
4    National Register, as determined by the Director.
5    (e) "Place" means (1) any parcel or contiguous grouping of
6parcels of real estate under common or related ownership or
7control, where any significant improvements are at least 40
8years old, or (2) any aboriginal mound, fort, earthwork,
9village, location, burial ground, historic or prehistoric
10ruin, mine case or other location which is or may be the source
11of important archeological data.
12    (f) (Blank).
13    (g) (Blank).
14    (h) (Blank).
15    (i) (Blank).
16(Source: P.A. 100-695, eff. 8-3-18.)
 
17    (20 ILCS 3410/3)  (from Ch. 127, par. 133d3)
18    Sec. 3. There is recognized and established hereunder the
19Illinois National Register Historic Sites Advisory Council,
20previously established pursuant to federal Federal
21regulations, hereafter called the Council. Starting on January
221, 2025 the The Council shall consist of 9 15 members. Of
23these, there shall be at least 2 3 historians, at least 2 3
24architectural historians, or architects with a preservation
25background, and at least 2 3 archeologists. The remaining 3 6

 

 

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1members shall be drawn from supporting fields and have a
2preservation interest. Supporting fields shall include but not
3be limited to historical geography, law, urban planning, local
4government officials, and members of other preservation
5commissions. All voting members of the Council shall be
6appointed by the Director. The Director may remove a member of
7the Council for incompetence, dereliction of duty, or
8malfeasance.
9    The Council Chairperson shall be appointed by the Director
10from the Council membership and shall serve at the Director's
11pleasure.
12    The Executive Director of the Abraham Lincoln Presidential
13Library and Museum and the Director of the Illinois State
14Museum shall serve on the Council in advisory capacity as
15non-voting members.
16    Terms of membership shall be 3 years and shall be
17staggered by the Director to assure continuity of
18representation. Council members shall serve until a
19replacement is named by the Director.
20    The Council shall meet at least 3 times each year.
21Additional meetings may be held at the call of the chairperson
22or at the call of the Director.
23    Members shall serve without compensation, but shall be
24reimbursed for actual expenses incurred in the performance of
25their duties.
26    A majority of the members of the Council constitutes a

 

 

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1quorum for the transaction of business at a meeting of the
2Council. If a quorum is met, a majority of the members present
3and serving is required for official action of the Council.
4    All business that the Council is authorized to perform
5shall be conducted at a public meeting of the Council, held in
6compliance with the Open Meetings Act.
7    Records of the Council are subject to the Freedom of
8Information Act.
9(Source: P.A. 100-120, eff. 8-18-17; 100-695, eff. 8-3-18.)
 
10    (20 ILCS 3415/Act rep.)
11    Section 15. The Historical Sites Listing Act is repealed.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law, except that Section 10 takes effect on January
141, 2025.