Illinois General Assembly - Full Text of HB3469
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Full Text of HB3469  102nd General Assembly

HB3469 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3469

 

Introduced 2/22/2021, by Rep. Natalie A. Manley

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 160/16  from Ch. 116, par. 43.19
5 ILCS 160/22a  from Ch. 116, par. 43.25a
20 ILCS 3425/Act rep.
20 ILCS 3475/3 new
20 ILCS 3475/15
20 ILCS 3475/30
20 ILCS 3475/35
20 ILCS 3475/40
20 ILCS 3475/45
20 ILCS 5030/Act rep.
50 ILCS 130/2  from Ch. 85, par. 5702
50 ILCS 205/6  from Ch. 116, par. 43.106

    Amends the Abraham Lincoln Presidential Library and Museum Act. Provides that the Abraham Lincoln Presidential Library and Museum Act, to the extent that there is a conflict between the provisions of Executive Order 2017-1 and the Act, supersedes the Executive Order, and shall be controlling. Provides that the position of State Historian is now an honorary position, and specifies new duties of the honorary State Historian. Transfers previously held duties and requirements of the State Historian under the Act to the Abraham Lincoln Presidential Library and Museum and its Executive Director. Removes provision requiring the Abraham Lincoln Presidential Library and Museum and the Abraham Lincoln Presidential Library Foundation to mutually cooperate to establish a working group for specified purposes. Removes provision allowing the Executive Director of the Abraham Lincoln Presidential Library and Museum to have hiring and appointing power over specified personnel. Repeals the State Historical Library Act. Repeals the Illinois Sesquicentennial of the American Civil War Commission Act. Makes conforming changes concerning the State Historian.


LRB102 17020 RJF 22442 b

 

 

A BILL FOR

 

HB3469LRB102 17020 RJF 22442 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.

 

 

HB3469- 2 -LRB102 17020 RJF 22442 b

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

 

 

HB3469- 3 -LRB102 17020 RJF 22442 b

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, 30, 35, 40, and
1245 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

 

 

HB3469- 4 -LRB102 17020 RJF 22442 b

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; and
26        (b) a requirement that the Foundation annually provide

 

 

HB3469- 5 -LRB102 17020 RJF 22442 b

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) (Blank). the establishment of a working group with
15    7 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 3475/30)
8    Sec. 30. Administration of the Agency. The Agency shall be
9under the supervision and direction of an Executive Director.
10The person serving on the effective date of this Act as Library
11Director, as defined in Section 33 of the Historic
12Preservation Act, shall become the inaugural Executive
13Director on the effective date of this Act and shall serve as
14Executive Director until the expiration of his then-current
15term as Library Director. Thereafter, the Board shall appoint
16the Executive Director with the advice and consent of the
17Senate. The Executive Director shall serve at the pleasure of
18the Board for a term of 4 years. The Executive Director shall,
19subject to applicable provisions of law, execute and discharge
20the powers and duties of the Agency. The Executive Director
21shall have hiring power and shall appoint (a) a Library
22Facilities Operations Director; and (b) a Director of the
23Library. The Executive Director shall appoint those other
24employees of the Agency as he or she deems appropriate and
25shall fix the compensation of the Library Facilities

 

 

HB3469- 7 -LRB102 17020 RJF 22442 b

1Operations Director, the Director of the Library and other
2employees. The Executive Director may make provision to
3establish and collect admission and registration fees, operate
4a gift shop, and publish and sell educational and
5informational materials.
6(Source: P.A. 100-120, eff. 8-18-17; 100-695, eff. 8-3-18.)
 
7    (20 ILCS 3475/35)
8    Sec. 35. Exchange State Historian; exchange historical
9records. The Agency State Historian shall make all necessary
10rules, regulations, and bylaws not inconsistent with law to
11carry into effect the purposes of this Act and to procure from
12time to time as may be possible and practicable, at reasonable
13costs, all books, pamphlets, manuscripts, monographs,
14writings, and other material of historical interest and useful
15to the Agency historian bearing upon the political, physical,
16religious, or social history of the State of Illinois from the
17earliest known period of time. The Agency State Historian may,
18with the consent of the Board, exchange any books, pamphlets,
19manuscripts, records, or other materials which such library
20may acquire that are of no historical interest or for any
21reason are of no value to it, with any other library, school or
22historical society. The Agency State Historian shall
23distribute volumes of the series known as the Illinois
24Historical Collections now in print, and to be printed, to all
25who may apply for same and who pay to the Library and Museum

 

 

HB3469- 8 -LRB102 17020 RJF 22442 b

1for such volumes an amount fixed by the Agency State Historian
2sufficient to cover the expenses of printing and distribution
3of each volume received by such applicants. However, the
4Agency State Historian shall have authority to furnish 25 of
5each of the volumes of the Illinois Historical Collections,
6free of charge, to each of the authors and editors of the
7Collections or parts thereof; to furnish, as in his or her
8discretion he or she deems necessary or desirable, a
9reasonable number of each of the volumes of the Collections
10without charge to archives, libraries, and similar
11institutions from which material has been drawn or assistance
12has been given in the preparation of such Collections, and to
13the officials thereof; and to furnish, as in his or her
14discretion he or she deems necessary or desirable, a
15reasonable number of each of the volumes of the Collections
16without charge to the University of Illinois Library and to
17instructors and officials of that University, and to public
18libraries in the State of Illinois. The Agency State Historian
19may, with the consent of the Board, also make exchanges of the
20Historical Collections with any other library, school or
21historical society, and distribute volumes of the Collections
22for review purposes.
23(Source: P.A. 100-120, eff. 8-18-17.)
 
24    (20 ILCS 3475/40)
25    Sec. 40. Honorary Illinois State Historian; appointment.

 

 

HB3469- 9 -LRB102 17020 RJF 22442 b

1    (a) The Governor, in consultation with Executive Director,
2with the advice and consent of the Board and the Illinois
3Historical Society, shall appoint an honorary the Illinois
4State Historian, who shall provide historical expertise,
5support, and service on civic engagement to educators and
6not-for-profit educational groups, including historical
7societies. The State Historian is the State's leading
8authority on the history of Illinois.
9    (b) The honorary Illinois State Historian shall be
10appointed based on the recommendation from the Abraham Lincoln
11Presidential Library and Museum Board of Trustees who shall
12consult the Illinois State Historical Society. The Board in
13consultation with the Illinois State Historical Society shall
14develop qualifications for the honorary Illinois State
15Historian to be approved by the Board no later than 120 days
16after the enactment of this amendatory Act of the 102nd
17General Assembly. Qualifications must include expertise in the
18history of at least one underrepresented minority group in
19this State, including, but not limited to: African-American
20history, Native-American history, Latinx history,
21Asian-American History, and LGBTQIA history.
22    (c) The duties of the honorary Illinois State Historian
23shall include the following:
24        (1) enhancing the knowledge of Illinoisans regarding
25    Illinois history;
26        (2) consulting with the Governor, the General

 

 

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1    Assembly, and the Abraham Lincoln Presidential Library and
2    Museum on matters related to the promotion of Illinois
3    History;
4        (3) lectures on matters of Illinois history within the
5    honorary State Historian's area of expertise for a minimum
6    of 4 lectures every year during their term, 2 of which must
7    annually be located outside of the Chicagoland area. The
8    honorary State Historian will seek to ensure that people
9    in all geographic regions of the State have access to at
10    least one lecture during his or her term of service; and
11        (4) connecting community, civic, and historical groups
12    from around the State to other historians that could
13    advise and speak to those entities and encourage the
14    teaching of history in Illinois schools.
15    (d) The honorary State Historian shall not receive
16compensation, but shall receive reimbursement for travel and
17other reasonable expenses related to the position. All
18activities and expenses related to the position shall be
19approved in advance by the Executive Director in accordance
20with Agency policy and shall be subject to the same
21reimbursement requirements as State employees.
22    (e) An individual designated as the honorary Illinois
23State Historian retains the designation for 4 years from the
24date of appointment and the term is renewable only by the
25Governor's appointment for one additional consecutive 4-year
26term.

 

 

HB3469- 11 -LRB102 17020 RJF 22442 b

1    (f) The facilities and resources of the Abraham Lincoln
2Presidential Library and Museum shall be made available for
3the use of the honorary Illinois State Historian upon request.
4(Source: P.A. 100-120, eff. 8-18-17.)
 
5    (20 ILCS 3475/45)
6    Sec. 45. Historical records State Historian; historical
7records. The Library Services Director in consultation with
8historian staff at the Agency State Historian shall establish
9and supervise a program within the Agency designed to preserve
10as historical records selected past editions of newspapers of
11this State. Such editions and other materials shall be
12preserved in accordance with industry standards and shall be
13stored in a place provided by the Agency. The negatives of
14microphotographs and other materials shall be stored in a
15place provided by the Agency.
16    The Library Services Director in consultation with
17historian staff at the Agency State Historian shall determine
18on the basis of historical value the various newspaper edition
19files which shall be preserved and shall arrange a schedule
20for such preservation. The Library Services Director State
21Historian shall supervise the making of arrangements for
22acquiring access to past edition files and copyright
23permissions with the editors or publishers of the various
24newspapers.
25    The method of microphotography to be employed in this

 

 

HB3469- 12 -LRB102 17020 RJF 22442 b

1program shall conform to the standards established pursuant to
2Section 17 of the State Records Act.
3    Upon payment to the Agency of the required fee, any person
4or organization shall be granted access to the preserved
5editions of supplied with any prints requested to be made from
6the newspapers and all records. The fee schedule shall be
7determined and approved by the Board annually required shall
8be determined by the State Historian and shall be equal in
9amount to the costs incurred by the Agency in granting such
10access supplying the requested prints.
11(Source: P.A. 100-120, eff. 8-18-17.)
 
12    (20 ILCS 5030/Act rep.)
13    Section 20. The Illinois Sesquicentennial of the American
14Civil War Commission Act is repealed.
 
15    Section 25. The Local Historian Act is amended by changing
16Section 2 as follows:
 
17    (50 ILCS 130/2)  (from Ch. 85, par. 5702)
18    Sec. 2. Each local historian in cooperation with the State
19Historian shall collect and preserve material relating to the
20history of the political subdivision for which he was
21appointed and shall maintain such material in fireproof safes
22or vaults or other fireproof areas within the offices of the
23political subdivision. The local historian shall inquire into

 

 

HB3469- 13 -LRB102 17020 RJF 22442 b

1the maintenance, classification and safety from fire of public
2records and shall recommend to the governing body any actions
3necessary for their better preservation and any materials of
4historic value which the political subdivision should acquire.
5    The local historian may cooperate with any individual or
6any public or private civic, patriotic or historic group or
7association and participate in the organized efforts of such
8individuals, groups and associations for the preparation and
9publication of local histories, records and reports, the
10collection and preservation of local historic artifacts, the
11restoration and preservation of local historic edifices, the
12erection of local historic monuments and markers and the
13recording and documentation of current events of local
14historic interest or significance.
15    Each local historian shall annually report to the
16governing body upon his activities and recommendations.
17    An annual report shall also be sent to the Abraham Lincoln
18Presidential Library and Museum State Historian.
19(Source: P.A. 84-736.)
 
20    Section 30. The Local Records Act is amended by changing
21Section 6 as follows:
 
22    (50 ILCS 205/6)  (from Ch. 116, par. 43.106)
23    Sec. 6. For those agencies comprising counties of
243,000,000 or more inhabitants or located in or coterminous

 

 

HB3469- 14 -LRB102 17020 RJF 22442 b

1with any such county or a majority of whose inhabitants reside
2in any such county, this Act shall be administered by a Local
3Records Commission consisting of the president of the county
4board of the county wherein the records are kept, the mayor of
5the most populous city in such county, the State's attorney of
6such county, the County comptroller, the State archivist, and
7the Executive Director of the Abraham Lincoln Presidential
8Library and Museum State historian. The president of the
9county board shall be the chairman of the Commission.
10    For all other agencies, this Act shall be administered by
11a Local Records Commission consisting of a chairman of a
12county board, who shall be chairman of the Commission, a mayor
13or president of a city, village or incorporated town, a county
14auditor, and a State's attorney, all of whom shall be
15appointed by the Governor, the State archivist, and the
16Executive Director of the Abraham Lincoln Presidential Library
17and Museum State historian.
18    A member of either Commission may designate a substitute.
19    Either Commission may employ such technical, professional
20and clerical assistants as are necessary.
21    Either Commission shall meet upon call of its chairman.
22(Source: P.A. 100-201, eff. 8-18-17.)