Full Text of HB0037 96th General Assembly
HB0037ham002 96TH GENERAL ASSEMBLY
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Rep. Donald L. Moffitt
Filed: 3/27/2009
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LRB096 02981 JDS 24712 a |
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| AMENDMENT TO HOUSE BILL 37
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| AMENDMENT NO. ______. Amend House Bill 37, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the Lease | 6 |
| of Closed State Properties Act. | 7 |
| Section 5. Definitions. As used in this Act: | 8 |
| "Agency" means the Illinois Historic Preservation Agency. | 9 |
| "Department" means the Department of Natural Resources. | 10 |
| "Local entity" means a unit of local government or public | 11 |
| college or university located in Illinois. | 12 |
| Section 10. Lease of closed State properties. | 13 |
| (a) Notwithstanding any other law, the Department and the | 14 |
| Agency shall each offer to qualified interested local entities | 15 |
| the opportunity to assume the operation and maintenance of any |
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| closed State park or closed State historic site, under the | 2 |
| Department's or Agency's jurisdiction, through a lease with | 3 |
| terms established by the Department or Agency. However, | 4 |
| property that is owned, managed, or leased by the Department | 5 |
| and with which there is a federal nexus, as identified by the | 6 |
| Department's federal aid coordinator, shall not be eligible to | 7 |
| be leased under this Act. In addition, the Department and | 8 |
| Agency may reject any offer and may select an interested local | 9 |
| entity after a request for offers or request for proposals | 10 |
| process. The Department or Agency may determine that a | 11 |
| particular park or site, due to the value of the artifacts or | 12 |
| exhibits or due to security issues or other operational | 13 |
| concerns, shall not be considered for leasing. The lease shall | 14 |
| be awarded to the highest bidder that the Department or Agency | 15 |
| deems to be the most qualified to operate and maintain the park | 16 |
| or site. | 17 |
| (b) The lease shall be acceptable to both parties and must, | 18 |
| at a minimum, contain provisions: | 19 |
| (1) Requiring the local entity to agree to release the | 20 |
| State, the Agency, and the Department from any and all | 21 |
| liability for damages or injuries arising at the park or | 22 |
| site during the lease period. | 23 |
| (2) Authorizing the Department or Agency to terminate | 24 |
| the lease of a park or site after giving written notice to | 25 |
| the local entity at least 60 days before terminating the | 26 |
| lease. |
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| (3) Establishing a lease term that is at least one year | 2 |
| but no more than 3 years in length, and providing an option | 3 |
| to extend the lease term, upon the written agreement of all | 4 |
| of the parties to the lease, for an additional 2 years. | 5 |
| (4) Requiring the local entity to comply with the | 6 |
| consultation requirements of the Endangered Species | 7 |
| Protection Act, the Illinois Natural Areas Preservation | 8 |
| Act, and the Wetlands Protection Act and with all | 9 |
| recommendations arising out of a consultation under one or | 10 |
| more of those Acts. | 11 |
| (5) Prohibiting the local entity from undertaking | 12 |
| activities related to road repair or development, tree or | 13 |
| brush clearing, trail development, landscaping, wetland | 14 |
| draining or filling, excavation, or similar work affecting | 15 |
| the landscape and character of the Park or site, without | 16 |
| the express approval of the Agency or Department. | 17 |
| (6) Authorizing the Department or Agency to require the | 18 |
| special care of artifacts or storage of certain artifacts, | 19 |
| or the exclusion of all artifacts when determined | 20 |
| appropriate by the Department or Agency. Human skeletal | 21 |
| remains and artifacts shall be turned over to the Illinois | 22 |
| State Museum. | 23 |
| (7) Authorizing the Agency or the Department to assign | 24 |
| any concession leases, service contracts, or activity use | 25 |
| agreements to the local entity at the time that the lease | 26 |
| is executed. |
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| (8) Requiring each new or additional concession lease | 2 |
| to be approved in writing by the Agency or Department | 3 |
| before the execution of such a lease by the local entity. | 4 |
| (9) Requiring the local entity to maintain the property | 5 |
| in a manner consistent with its status as a State park or | 6 |
| site and as otherwise required by State law. | 7 |
| (10) Requiring the local entity to take responsibility | 8 |
| for all costs, if any, associated with restoring the Park | 9 |
| or site to its pre-lease character and condition. | 10 |
| (c) All revenues generated by a local entity's operation of | 11 |
| a park or site during a lease under this Act shall be retained | 12 |
| by that local entity and must be used for the operation, | 13 |
| maintenance, or operation and maintenance of that park or site. | 14 |
| (d) Upon expiration or termination of a lease under this | 15 |
| Act, the local entity shall be reimbursed by the Department or | 16 |
| Agency, as the case may be, for the undepreciated portion of | 17 |
| any improvements to the park or site made or paid for by the | 18 |
| local entity during the period of the lease. All improvements | 19 |
| shall be subject to the advance written approval of the | 20 |
| Department or Agency. The local entity shall be reimbursed only | 21 |
| after establishing, to the satisfaction of the Department or | 22 |
| Agency, that (i) the local entity has complied with the lease | 23 |
| provision required by subdivision (b)(5) of this Section and | 24 |
| (ii) the improvements to the park or site that were made or | 25 |
| paid for by the local entity extend beyond the applicable lease | 26 |
| period. |
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| (e) This Act is subject to and superseded by any federal | 2 |
| law, regulation, condition, or stipulation prohibiting the | 3 |
| lease of a park or site. | 4 |
| Section 15. Collective bargaining work. A lessee under this | 5 |
| Act shall contract with the State for all work that, if | 6 |
| performed by employees of the State, would be performed by | 7 |
| employees, as defined in the Illinois Public Labor Relations | 8 |
| Act. The State shall be the employer of all non-managerial, | 9 |
| non-supervisory, and non-confidential employees, as defined in | 10 |
| the Illinois Public Labor Relations Act. Employees performing | 11 |
| such work shall be State employees as defined by the Personnel | 12 |
| Code. Neither historical representation rights under the | 13 |
| Illinois Public Labor Relations Act nor existing collective | 14 |
| bargaining agreements shall be disturbed by the lease of a | 15 |
| State park or State historic site. | 16 |
| Section 25. Repeal. This Act is repealed December 31, 2014.
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.".
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