Full Text of SB0218 98th General Assembly
SB0218ham001 98TH GENERAL ASSEMBLY | Rep. Michael J. Madigan Filed: 11/6/2014
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| 1 | | AMENDMENT TO SENATE BILL 218
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 218 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Abraham Lincoln Presidential Library and Museum Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Agency" means the Abraham Lincoln Presidential Library | 8 | | and Museum. | 9 | | "Board" means the Board
of the Abraham Lincoln Presidential | 10 | | Library and Museum. | 11 | | "Executive Director" means the Executive Director
of the | 12 | | Abraham Lincoln Presidential Library and Museum. | 13 | | "Library" means the Abraham Lincoln Presidential Library. | 14 | | "Museum" means the Abraham Lincoln Presidential Museum. | 15 | | Section 10. Abraham Lincoln Presidential Library and |
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| 1 | | Museum; establishment; Foundation. | 2 | | (a) The Abraham Lincoln Presidential Library and Museum, | 3 | | formerly a constituent unit of the Illinois Historic | 4 | | Preservation Agency, is created as an independent State agency. | 5 | | (b) The Agency shall be under the supervision and direction | 6 | | of the Executive Director of the Abraham Lincoln
Presidential | 7 | | Library and Museum. | 8 | | Section 15. Powers and duties of the Board. The Board | 9 | | created under Sections 30 and 31 of the Historic Preservation | 10 | | Agency Act shall have the power and duty to: | 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 |
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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 enter into such | 8 | | agreements as may be necessary to carry out the Board's duties | 9 | | 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.
| 2 | | (n) Operate a restaurant, cafe, or other food serving | 3 | | facility at the Museum or lease the operation of such a | 4 | | facility under reasonable terms and conditions; and 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) Engage in marketing activities designed to promote the | 9 | | Library and Museum. In undertaking these activities, the Board | 10 | | 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 20. 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 25. 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 30. 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
| 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 the | 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,
| 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; and to furnish, | 3 | | as 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 35. 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, 32, and 33 | 20 | | of the Historic Preservation Agency Act (now repealed) are
| 21 | | 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
| 24 | | rights of the State of Illinois and its agencies, under the
| 25 | | Personnel Code and applicable collective bargaining agreements
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| 1 | | or under any pension, retirement, or annuity plan are not
| 2 | | affected (except as provided in Sections 14-110 and 18-127 of
| 3 | | the Illinois Pension Code) by that transfer or by any other
| 4 | | provision of this Act. | 5 | | Section 40. The Executive Reorganization Implementation | 6 | | Act is amended by changing Section 3.1 as follows:
| 7 | | (15 ILCS 15/3.1) (from Ch. 127, par. 1803.1)
| 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:
| 20 | | (1) the State Board of Elections;
| 21 | | (2) the State Board of Education;
| 22 | | (3) the Illinois Commerce Commission;
| 23 | | (4) the Illinois Workers' Compensation
Commission;
| 24 | | (5) the Civil Service Commission;
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| 1 | | (6) the Fair Employment Practices Commission;
| 2 | | (7) the Pollution Control Board;
| 3 | | (8) the Department of State Police Merit Board; | 4 | | (9) the Illinois Racing Board;
| 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.)
| 8 | | Section 45. 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, 30, 31, and 34 as follows:
| 11 | | (20 ILCS 3405/2) (from Ch. 127, par. 2702)
| 12 | | Sec. 2. For the purposes of this Act:
| 13 | | (a) "Agency" means the
Historic Preservation Agency;
| 14 | | (b) "Board" means the Board of Trustees of
the Historic | 15 | | Preservation Agency;
| 16 | | (c) "Director" means the Director of
the Historic Sites and | 17 | | Preservation Agency ;
| 18 | | (d) (Blank) "Advisory Board" means the Advisory
Board of | 19 | | the
Lincoln Presidential
Library and Museum ;
| 20 | | (e) (Blank) "Lincoln Presidential Library" means the | 21 | | Abraham
Lincoln Presidential Library and Museum ;
| 22 | | (f) (Blank) "Library Director" means the
Director of the | 23 | | Lincoln Presidential Library ; and
| 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.
| 3 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 4 | | (20 ILCS 3405/4) (from Ch. 127, par. 2704)
| 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 in any other Act to
the Director of
Historic | 13 | | Preservation shall be deemed to be a reference to the Director | 14 | | of
the Historic Preservation Agency Sites and Preservation , | 15 | | unless the context clearly indicates
otherwise.
| 16 | | The Board shall appoint a chief executive officer of the | 17 | | Agency who shall
be known as the Director of the Historic Sites | 18 | | and Preservation Agency . The Director
shall
serve at the | 19 | | pleasure of the Board. The Director shall, subject to
| 20 | | applicable provisions of law, execute the powers and discharge | 21 | | the duties
vested in the Historic Sites and Preservation | 22 | | Division of the Agency by law
and implement the
policies set by | 23 | | the Board.
The Director shall manage the Historic Sites and | 24 | | Preservation Division of the
Agency. The Director, with
the | 25 | | concurrence of the Board, shall appoint Division Chiefs , if |
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| 1 | | needed, and the Deputy
Director of the Historic Sites and | 2 | | Preservation Division of the Agency.
Subject to concurrence by | 3 | | the Board, the Director shall appoint such other
employees of | 4 | | the Historic Sites and Preservation Division of the Agency as
| 5 | | he or she deems
appropriate and shall fix the
compensation of | 6 | | such Division Chiefs , if any , the Deputy Director , and other | 7 | | employees.
The Board shall appoint the Illinois State | 8 | | Historian, who shall provide
historical expertise, support, | 9 | | and service to all divisions of the Historic
Preservation | 10 | | Agency and to all divisions of the Agency, if any . The State | 11 | | Historian is the State's authority on Abraham
Lincoln and the | 12 | | history of Illinois.
| 13 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 14 | | (20 ILCS 3405/5) (from Ch. 127, par. 2705)
| 15 | | Sec. 5.
The rights, powers and duties vested by law in the
| 16 | | State Historical Library or any office, division or bureau | 17 | | thereof by the
Historical Sites Listing Act and all rights,
| 18 | | powers, and duties incidental thereto
are transferred to the | 19 | | Historic Sites and Preservation Division of the
Historic | 20 | | Preservation
Agency.
| 21 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 22 | | (20 ILCS 3405/5.1) (from Ch. 127, par. 2705.1)
| 23 | | Sec. 5.1.
The powers, duties and authority granted to the | 24 | | Department
of Conservation pursuant to the provisions of |
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| 1 | | Section 63a21.2 of
the
Civil
Administrative Code of Illinois
| 2 | | (renumbered; now Section 805-315 of the Department of Natural | 3 | | Resources
(Conservation) Law, 20 ILCS 805/805-315)
to offer a
| 4 | | cash incentive to a qualified
bidder for the development, | 5 | | construction and supervision of a concession
complex at | 6 | | Lincoln's New Salem State Park are transferred to the
Historic | 7 | | Sites and Preservation Division of the Historic
Preservation | 8 | | Agency.
| 9 | | (Source: P.A. 91-239, eff. 1-1-00; 92-600, eff. 7-1-02.)
| 10 | | (20 ILCS 3405/6) (from Ch. 127, par. 2706)
| 11 | | Sec. 6. Jurisdiction. The Historic Sites and Preservation | 12 | | Division of the Agency shall have
jurisdiction over the
| 13 | | following
described areas which are
hereby designated as State | 14 | | Historic Sites, State Memorials, and
Miscellaneous Properties:
| 15 | | State Historic Sites
| 16 | | Bishop Hill State Historic Site, Henry County;
| 17 | | Black Hawk State Historic Site, Rock Island County;
| 18 | | Bryant Cottage State Historic Site, Piatt County;
| 19 | | Buel House, Pope County;
| 20 | | Cahokia Courthouse State Historic Site, St. Clair County;
| 21 | | Cahokia Mounds State Historic Site, in Madison and St. | 22 | | Clair
Counties (however, the Illinois State Museum | 23 | | shall act as curator of
artifacts pursuant to the | 24 | | provisions of the Archaeological and
Paleontological |
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| 1 | | Resources Protection Act);
| 2 | | Dana-Thomas House State Historic Site, Sangamon County;
| 3 | | David Davis Mansion State Historic Site, McLean County;
| 4 | | Douglas Tomb State Historic Site, Cook County;
| 5 | | Fort de Chartres State Historic Site, Randolph County;
| 6 | | Fort Kaskaskia State Historic Site, Randolph County;
| 7 | | Grand Village of the Illinois, LaSalle County;
| 8 | | U. S. Grant Home State Historic Site, Jo Daviess County;
| 9 | | Hotel Florence, Cook County;
| 10 | | Jarrot Mansion State Historic Site, St. Clair County;
| 11 | | Jubilee College State Historic Site, Peoria County;
| 12 | | Lincoln-Herndon Law Offices State Historic Site, Sangamon | 13 | | County;
| 14 | | Lincoln Log Cabin State Historic Site, Coles County;
| 15 | | Lincoln's New Salem State Historic Site, Menard County;
| 16 | | Lincoln Tomb State Historic Site, Sangamon County;
| 17 | | Pierre Menard Home State Historic Site, Randolph County;
| 18 | | Metamora Courthouse State Historic Site, Woodford County;
| 19 | | Moore Home State Historic Site, Coles County;
| 20 | | Mount Pulaski Courthouse State Historic Site, Logan | 21 | | County;
| 22 | | Old Market House State Historic Site, Jo Daviess County;
| 23 | | Old State Capitol State Historic Site, Sangamon County;
| 24 | | Postville Courthouse State Historic Site, Logan County;
| 25 | | Pullman Factory, Cook County;
| 26 | | Rose Hotel, Hardin County;
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| 1 | | Carl Sandburg State Historic Site, Knox County;
| 2 | | Shawneetown Bank State Historic Site, Gallatin County;
| 3 | | Vachel Lindsay Home, Sangamon County;
| 4 | | Vandalia State House State Historic Site, Fayette County; | 5 | | and
| 6 | | Washburne House State Historic Site, Jo Daviess County.
| 7 | | State Memorials
| 8 | | Campbell's Island State Memorial, Rock Island County;
| 9 | | Governor Bond State Memorial, Randolph County;
| 10 | | Governor Coles State Memorial, Madison County;
| 11 | | Governor Horner State Memorial, Cook County;
| 12 | | Governor Small State Memorial, Kankakee County;
| 13 | | Illinois Vietnam Veterans State Memorial, Sangamon County;
| 14 | | Kaskaskia Bell State Memorial, Randolph County;
| 15 | | Korean War Memorial, Sangamon County;
| 16 | | Lewis and Clark State Memorial, Madison County;
| 17 | | Lincoln Monument State Memorial, Lee County;
| 18 | | Lincoln Trail State Memorial, Lawrence County;
| 19 | | Lovejoy State Memorial, Madison County;
| 20 | | Norwegian Settlers State Memorial, LaSalle County; and
| 21 | | Wild Bill Hickok State Memorial, LaSalle County.
| 22 | | Miscellaneous Properties
| 23 | | Albany Mounds, Whiteside County;
| 24 | | Emerald Mound, St. Clair County;
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| 1 | | Halfway Tavern, Marion County;
| 2 | | Hofmann Tower, Cook County; and
| 3 | | Kincaid Mounds, Massac and Pope Counties.
| 4 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 5 | | (20 ILCS 3405/11) (from Ch. 127, par. 2711)
| 6 | | Sec. 11.
The Historic Sites and Preservation Division of | 7 | | the Agency
shall exercise all
rights, powers and duties
vested | 8 | | in the Department of Conservation by the "Illinois Historic
| 9 | | Preservation Act", approved August 14, 1976, as amended.
| 10 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 11 | | (20 ILCS 3405/12) (from Ch. 127, par. 2712)
| 12 | | Sec. 12.
The Historic Sites and Preservation Division of | 13 | | the Agency
shall exercise all
rights, powers and duties
vested | 14 | | in the Department of Conservation by Section 63a34 of the Civil
| 15 | | Administrative Code of Illinois (renumbered; now Section | 16 | | 805-220 of the
Department of Natural Resources (Conservation) | 17 | | Law, 20 ILCS 805/805-220).
| 18 | | (Source: P.A. 91-239, eff. 1-1-00; 92-600, eff. 7-1-02.)
| 19 | | (20 ILCS 3405/13) (from Ch. 127, par. 2713)
| 20 | | Sec. 13.
The Historic Sites and Preservation Division of | 21 | | the Agency
shall exercise all
rights, powers and duties
vested | 22 | | in the Department of Conservation by "An Act relating to the
| 23 | | planning, acquisition and development of outdoor recreation |
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| 1 | | resources and
facilities, and authorizing the participation by | 2 | | the State of Illinois its
political subdivisions and qualified | 3 | | participants in programs of Federal
assistance relating | 4 | | thereto", approved July 6, 1965, as amended, solely as
it | 5 | | relates to the powers, rights, duties and obligations | 6 | | heretofore
exercised by the Department of Conservation over | 7 | | historically significant
properties and interests of the | 8 | | State.
| 9 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 10 | | (20 ILCS 3405/14) (from Ch. 127, par. 2714)
| 11 | | Sec. 14.
The Historic Sites and Preservation Division of | 12 | | the Agency
shall exercise all
rights,
powers and duties set | 13 | | forth
in Sections 10-40 through 10-85 of the Property Tax Code.
| 14 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 15 | | (20 ILCS 3405/15) (from Ch. 127, par. 2715)
| 16 | | Sec. 15.
The Historic Sites and Preservation Division of | 17 | | the Agency
shall exercise all
rights, powers and duties
vested | 18 | | in the Department of Conservation by Section 4-201.5 of the
| 19 | | "Illinois Highway Code", approved June 8, 1959, as amended, | 20 | | solely as it
relates to access to historic sites and memorials | 21 | | designated pursuant to this
Act.
| 22 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 23 | | (20 ILCS 3405/16) (from Ch. 127, par. 2716)
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| 1 | | Sec. 16. The Historic Sites and Preservation Division of | 2 | | the Agency
shall have the following
additional powers:
| 3 | | (a) To hire agents and employees necessary to carry out the | 4 | | duties and
purposes of the Historic Sites and Preservation | 5 | | Division of the Agency.
| 6 | | (b) To take all measures necessary to erect, maintain, | 7 | | preserve, restore,
and conserve all State Historic Sites and | 8 | | State Memorials, except when
supervision and maintenance is | 9 | | otherwise provided by law. This
authorization includes the | 10 | | power, with the consent of the Board, to enter
into contracts, | 11 | | acquire and
dispose of real and personal property, and enter | 12 | | into leases of real and
personal property. The Agency has the | 13 | | power to acquire, for purposes authorized by law, any real | 14 | | property in fee simple subject to a life estate in the seller | 15 | | in not more than 3 acres of the real property acquired, subject | 16 | | to the restrictions that the life estate shall be used for | 17 | | residential purposes only and that it shall be | 18 | | non-transferable.
| 19 | | (c) To provide recreational facilities including camp | 20 | | sites, lodges and
cabins, trails, picnic areas and related | 21 | | recreational facilities at all
sites under the jurisdiction of | 22 | | the Agency.
| 23 | | (d) To lay out, construct and maintain all needful roads, | 24 | | parking areas,
paths or trails, bridges, camp or lodge sites, | 25 | | picnic areas, lodges and
cabins, and any other structures and | 26 | | improvements necessary and appropriate
in any State historic |
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| 1 | | site or easement thereto; and to provide water
supplies, heat | 2 | | and light, and sanitary facilities for the public and living
| 3 | | quarters for the custodians and keepers of State historic | 4 | | sites.
| 5 | | (e) To grant licenses and rights-of-way within the areas | 6 | | controlled
by the Historic Sites and Preservation Division of | 7 | | the Agency for the
construction, operation
and maintenance | 8 | | upon,
under or across the property, of facilities for water, | 9 | | sewage, telephone,
telegraph, electric, gas, or other public | 10 | | service, subject to the terms and
conditions as may be | 11 | | determined by the Agency.
| 12 | | (f) To authorize the officers, employees and agents of the | 13 | | Historic Sites
and Preservation
Division of the Agency,
for the | 14 | | purposes of investigation and to exercise the rights,
powers, | 15 | | and duties vested and that may be vested in it, to enter and | 16 | | cross
all lands and waters in this State, doing no damage to | 17 | | private property.
| 18 | | (g) To transfer jurisdiction of or exchange any realty | 19 | | under the
control of the Historic Sites and Preservation | 20 | | Division of the Agency to
any other Department of
the State | 21 | | Government,
or to any agency of the Federal Government, or to | 22 | | acquire or accept Federal
lands, when any transfer, exchange, | 23 | | acquisition or acceptance is
advantageous to the State and is | 24 | | approved in writing by the Governor.
| 25 | | (h) To erect, supervise, and maintain all public monuments | 26 | | and memorials
erected by the State, except when the supervision |
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| 1 | | and maintenance of
public monuments and memorials is otherwise | 2 | | provided by law.
| 3 | | (i) To accept, hold, maintain, and administer, as trustee, | 4 | | property given
in trust for educational or historic purposes | 5 | | for the benefit of the People
of the State of Illinois and to | 6 | | dispose, with the consent of the Board, of
any property under | 7 | | the terms of the
instrument creating the trust.
| 8 | | (j) To lease concessions on any property under the | 9 | | jurisdiction of the
Agency for a period not exceeding 25 years | 10 | | and to lease a concession
complex at Lincoln's New Salem State | 11 | | Historic Site for which a cash
incentive has been authorized | 12 | | under Section 5.1 of the Historic
Preservation Agency Act for a | 13 | | period not to exceed 40 years. All
leases, for whatever period, | 14 | | shall be made subject to the written approval
of the Governor. | 15 | | All concession leases extending for a period in excess of
10 | 16 | | years, will contain provisions for the Agency to participate, | 17 | | on a
percentage basis, in the revenues generated by any | 18 | | concession operation.
| 19 | | The Agency is authorized to allow for provisions for a | 20 | | reserve account and a leasehold account within Agency | 21 | | concession lease agreements for the purpose of setting aside | 22 | | revenues for the maintenance, rehabilitation, repair, | 23 | | improvement, and replacement of the concession facility, | 24 | | structure, and equipment of the Agency that are part of the | 25 | | leased premises. | 26 | | The lessee shall be required to pay into the reserve |
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| 1 | | account a percentage of gross receipts, as set forth in the | 2 | | lease, to be set aside and expended in a manner acceptable to | 3 | | the Agency by the concession lessee for the purpose of ensuring | 4 | | that an appropriate amount of the lessee's moneys are provided | 5 | | by the lessee to satisfy the lessee's incurred responsibilities | 6 | | for the operation of the concession facility under the terms | 7 | | and conditions of the concession lease. | 8 | | The lessee account shall allow for the amortization of | 9 | | certain authorized expenses that are incurred by the concession | 10 | | lessee but that are not an obligation of the lessee under the | 11 | | terms and conditions of the lease agreement. The Agency may | 12 | | allow a reduction of up to 50% of the monthly rent due for the | 13 | | purpose of enabling the recoupment of the lessee's authorized | 14 | | expenditures during the term of the lease.
| 15 | | (k) To sell surplus agricultural products grown on land | 16 | | owned by or
under the jurisdiction of the Historic Sites and | 17 | | Preservation Division of
the Agency, when the
products cannot | 18 | | be used
by the Agency.
| 19 | | (l) To enforce the laws of the State and the rules and | 20 | | regulations of the
Agency in or on any lands owned, leased, or | 21 | | managed by the Historic Sites and
Preservation
Division of the | 22 | | Agency.
| 23 | | (m) To cooperate with private organizations and agencies of | 24 | | the
State of Illinois by providing areas and the use of staff | 25 | | personnel
where feasible for the sale of publications on the | 26 | | historic and cultural
heritage of the State and craft items |
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| 1 | | made by Illinois craftsmen. These
sales shall not conflict with | 2 | | existing concession agreements. The
Historic Sites and | 3 | | Preservation Division of the Agency is authorized to
negotiate | 4 | | with the
organizations and
agencies for a portion of the monies | 5 | | received from sales to be returned
to the Historic Sites and | 6 | | Preservation Division of the Agency's Historic
Sites Fund
for | 7 | | the
furtherance of interpretive
and restoration programs.
| 8 | | (n) To establish local bank or savings and loan association
| 9 | | accounts, upon the written authorization of the Director, to | 10 | | temporarily
hold income received at any of its properties. The | 11 | | local accounts
established under this Section shall be in the | 12 | | name of the Historic
Preservation Agency and shall be subject | 13 | | to regular audits. The balance in
a local bank or savings and | 14 | | loan association account shall be forwarded to
the Agency for | 15 | | deposit with the State Treasurer on Monday of each week if
the | 16 | | amount to be deposited in a fund exceeds $500.
| 17 | | No bank or savings and loan association shall receive | 18 | | public funds as
permitted by this Section, unless it has | 19 | | complied with the requirements
established under Section 6 of | 20 | | the Public Funds Investment Act.
| 21 | | (o) To accept, with the consent of the Board, offers of | 22 | | gifts,
gratuities, or grants from the federal
government, its | 23 | | agencies, or offices, or from any person, firm, or
corporation.
| 24 | | (p) To make reasonable rules and regulations as may be | 25 | | necessary to
discharge the duties of the Agency.
| 26 | | (q) With appropriate cultural organizations, to further |
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| 1 | | and advance the
goals of the Agency.
| 2 | | (r) To make grants for the purposes of planning, survey, | 3 | | rehabilitation,
restoration, reconstruction, landscaping, and | 4 | | acquisition of Illinois
properties (i) designated individually | 5 | | in the National
Register of Historic Places, (ii) designated as | 6 | | a landmark under a county or
municipal landmark ordinance, or | 7 | | (iii) located within a National Register of
Historic Places | 8 | | historic district or a locally designated historic district
| 9 | | when the Director determines that the property is of historic | 10 | | significance
whenever an
appropriation is made therefor by the | 11 | | General Assembly or whenever gifts or
grants are received for | 12 | | that purpose and to promulgate
regulations as may be necessary | 13 | | or desirable to carry out the purposes
of the grants.
| 14 | | Grantees may, as prescribed by rule, be required to provide | 15 | | matching funds
for each grant. Grants made under this | 16 | | subsection shall be known as Illinois
Heritage Grants.
| 17 | | Every owner of a historic property, or the owner's agent, | 18 | | is eligible to
apply for a grant under this subsection.
| 19 | | (s) To establish and implement a pilot program for charging | 20 | | admission to
State historic sites. Fees may be charged for | 21 | | special events, admissions, and
parking or any combination; | 22 | | fees may be charged at all sites or selected sites.
All fees | 23 | | shall be deposited into the Illinois Historic Sites Fund. The
| 24 | | Historic Sites and Preservation Division of the Agency
shall | 25 | | have the discretion to set and adjust reasonable fees at the | 26 | | various
sites, taking into consideration various factors |
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| 1 | | including but not limited to:
cost of services furnished to | 2 | | each visitor, impact of fees on attendance and
tourism and the | 3 | | costs expended collecting the fees. The
Agency shall keep
| 4 | | careful records of the income and expenses resulting from the | 5 | | imposition of
fees, shall keep records as to the attendance at | 6 | | each historic site, and shall
report to the Governor and | 7 | | General Assembly by January 31 after the close of
each year. | 8 | | The report shall include information on costs, expenses,
| 9 | | attendance, comments by visitors, and any other information the
| 10 | | Agency may
believe pertinent, including:
| 11 | | (1) Recommendations as to whether fees should be | 12 | | continued at each State
historic site.
| 13 | | (2) How the fees should be structured and imposed.
| 14 | | (3) Estimates of revenues and expenses associated with | 15 | | each site.
| 16 | | (t) To provide for overnight tent and trailer campsites and | 17 | | to provide
suitable housing facilities for student and juvenile | 18 | | overnight camping
groups. The Historic Sites and Preservation | 19 | | Division of the Agency shall
charge rates similar to those
| 20 | | charged by the Department
of Conservation for the same or | 21 | | similar facilities and services.
| 22 | | (u) To engage in marketing activities designed to promote | 23 | | the sites and
programs administered by the Agency. In
| 24 | | undertaking these activities, the
Agency may take all necessary | 25 | | steps with respect
to products and services,
including but not | 26 | | limited to retail sales, wholesale sales, direct marketing,
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| 1 | | mail order sales, telephone sales, advertising and promotion, | 2 | | purchase of
product and materials inventory, design, printing | 3 | | and manufacturing of new
products, reproductions, and | 4 | | adaptations, copyright and trademark licensing and
royalty | 5 | | agreements, and payment of applicable taxes. In addition, the | 6 | | Agency
shall have the authority to sell advertising in its | 7 | | publications and printed
materials. All income from marketing
| 8 | | activities shall be deposited into the Illinois Historic Sites | 9 | | Fund.
| 10 | | (Source: P.A. 95-140, eff. 1-1-08.)
| 11 | | (20 ILCS 3405/22)
| 12 | | Sec. 22. Amistad Commission. | 13 | | (a) Purpose. The General Assembly finds and declares that | 14 | | all people should know of and remember the human carnage and | 15 | | dehumanizing atrocities committed during the period of the | 16 | | African slave trade and slavery in America and of the vestiges | 17 | | of slavery in this country; and it is in fact vital to educate | 18 | | our citizens on these events, the legacy of slavery, the sad | 19 | | history of racism in this country, and the principles of human | 20 | | rights and dignity in a civilized society. | 21 | | It is the policy of the State of Illinois that the history | 22 | | of the African slave trade, slavery in America, the depth of | 23 | | their impact in our society, and the triumphs of | 24 | | African-Americans and their significant contributions to the | 25 | | development of this country is the proper concern of all |
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| 1 | | people, particularly students enrolled in the schools of the | 2 | | State of Illinois. | 3 | | It is therefore desirable to create a Commission that, as | 4 | | an organized body and on a continuous basis, will survey, | 5 | | design, encourage, and promote the implementation of education | 6 | | and awareness programs in Illinois that are concerned with the | 7 | | African slave trade, slavery in America, the vestiges of | 8 | | slavery in this country, and the contributions of | 9 | | African-Americans in building our country; to develop | 10 | | workshops, institutes, seminars, and other teacher training | 11 | | activities designed to educate teachers on this subject matter; | 12 | | and that will be responsible for the coordination of events on | 13 | | a regular basis, throughout the State, that provide appropriate | 14 | | memorialization of the events concerning the enslavement of | 15 | | Africans and their descendants in America and their struggle | 16 | | for freedom, liberty, and equality. | 17 | | (b) Amistad Commission. The Amistad Commission is created | 18 | | within the Agency. The Commission is named to honor the group | 19 | | of enslaved Africans transported in 1839 on a vessel named the | 20 | | Amistad who overthrew their captors and created an | 21 | | international incident that was eventually argued before the | 22 | | Supreme Court and that shed a growing light on the evils of the | 23 | | slave trade and galvanized a growing abolitionist movement | 24 | | towards demanding the end of slavery in the United States. | 25 | | (c) Membership. The Commission shall consist of 15 members, | 26 | | including 3 ex officio members: the State Superintendent of |
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| 1 | | Education or
his or her designee, the Director of Commerce and | 2 | | Economic Opportunity or his or her designee, and the Director | 3 | | of the Historic Sites and Preservation Agency or his or her | 4 | | designee; and 12 public
members. Public members shall be | 5 | | appointed as follows: | 6 | | (i) 2 members appointed by the President of the Senate | 7 | | and one member appointed by the Minority Leader of the | 8 | | Senate;
| 9 | | (ii) 2 members appointed by the Speaker of the House of | 10 | | Representatives and one member appointed by the Minority | 11 | | Leader of the House of Representatives; and
| 12 | | (iii) 6 members, no more than 4 of whom shall be of the | 13 | | same political party, appointed by the Governor.
| 14 | | The public members shall be residents of this State, chosen | 15 | | with due regard to broad geographic representation and ethnic | 16 | | diversity, who have served actively in organizations that | 17 | | educate the public on the history of the African slave trade, | 18 | | the contributions of African-Americans to our society, and | 19 | | civil rights issues. | 20 | | Each public member of the Commission shall serve for a term | 21 | | of 3 years, except that of the initial members so appointed: | 22 | | one member appointed by the President of the Senate, one member | 23 | | appointed by the Speaker of the House of Representatives, and 2 | 24 | | members appointed by the Governor shall serve for terms of one | 25 | | year; the member appointed by the Minority Leader of the | 26 | | Senate, one member appointed by the Speaker of the House of |
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| 1 | | Representatives, and 2 members appointed by the Governor shall | 2 | | serve for terms of 2 years; and one member appointed by the | 3 | | President of the Senate, the member appointed by the Minority | 4 | | Leader of the House of Representatives, and 2 members appointed | 5 | | by the Governor shall serve for terms of 3 years. Public | 6 | | members shall be eligible for reappointment. They shall serve | 7 | | until their successors are appointed and qualified, and the | 8 | | term of the successor of any incumbent shall be calculated from | 9 | | the expiration of the term of that incumbent. A vacancy | 10 | | occurring other than by expiration of term shall be filled in | 11 | | the same manner as the original appointment, but for the | 12 | | unexpired term only. | 13 | | (d) Election of chairperson; meetings. At its first meeting | 14 | | and annually thereafter, the Commission shall elect from among | 15 | | its members a chairperson and other officers it considers | 16 | | necessary or appropriate. After its first meeting, the | 17 | | Commission shall meet at least quarterly, or more frequently at | 18 | | the call of the chairperson or if requested by 9 or more | 19 | | members. | 20 | | (e) Quorum. A majority of the members of the Commission | 21 | | constitute a quorum for the transaction of business at a | 22 | | meeting of the Commission. A majority of the members present | 23 | | and serving is required for official action of the Commission. | 24 | | (f) Public meeting. All business that the Commission is | 25 | | authorized to perform shall be conducted at a public meeting of | 26 | | the Commission, held in compliance with the Open Meetings Act. |
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| 1 | | (g) Freedom of Information. A writing prepared, owned, | 2 | | used, in the possession of, or retained by the Commission in | 3 | | the performance of an official function is subject to the | 4 | | Freedom of Information Act. | 5 | | (h) Compensation. The members of the Commission shall serve | 6 | | without compensation, but shall be entitled to reimbursement | 7 | | for all necessary expenses incurred in the performance of their | 8 | | official duties as members of the Commission from funds | 9 | | appropriated for that purpose. Reimbursement for travel, | 10 | | meals, and lodging shall be in accordance with the rules of the | 11 | | Governor's Travel Control Board. | 12 | | (i) Duties. The Commission shall have the following | 13 | | responsibilities and duties:
| 14 | | (1) To provide, based upon the collective interest of | 15 | | the members and the knowledge and experience of the | 16 | | members, assistance and advice to schools within the State | 17 | | with respect to the implementation of education, awareness | 18 | | programs, textbooks, and educational materials concerned | 19 | | with the African slave trade, slavery in America, the | 20 | | vestiges of slavery in this country, and the contributions | 21 | | of African-Americans to our society. | 22 | | (2) To survey and catalog the extent and breadth of | 23 | | education concerning the African slave trade, slavery in | 24 | | America, the vestiges of slavery in this country, and the | 25 | | contributions of African-Americans to our society | 26 | | presently being incorporated into the curricula and |
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| 1 | | textbooks and taught in the school systems of the State; to | 2 | | inventory those African slave trade, American slavery, or | 3 | | relevant African-American history memorials, exhibits, and | 4 | | resources that should be incorporated into courses of study | 5 | | at educational institutions, schools, and various other | 6 | | locations throughout the State; and to assist the State | 7 | | Board of Education and
other State and educational agencies | 8 | | in the development and implementation of African slave | 9 | | trade, American slavery, and African-American history | 10 | | education programs. | 11 | | (3) To act as a liaison with textbook publishers, | 12 | | schools, public, private, and nonprofit resource | 13 | | organizations,
and members of the United States Senate and | 14 | | House of
Representatives and the Illinois Senate and House | 15 | | of Representatives in
order to facilitate the inclusion of | 16 | | the history of African slavery and
of African-Americans in | 17 | | this country in the curricula of public and
nonpublic | 18 | | schools. | 19 | | (4) To compile a roster of individual volunteers who | 20 | | are willing to share their knowledge and experience in | 21 | | classrooms, seminars, and workshops with students and | 22 | | teachers on the subject of the African slave trade, | 23 | | American slavery, the impact of slavery on our society | 24 | | today, and the contributions of African-Americans to our | 25 | | country. | 26 | | (5) To coordinate events memorializing the African |
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| 1 | | slave trade, American slavery, and the history of | 2 | | African-Americans in this country that reflect the | 3 | | contributions of African-Americans in overcoming the | 4 | | burdens of slavery and its vestiges, and to seek volunteers | 5 | | who are willing and able to participate in commemorative | 6 | | events that will enhance student awareness of the | 7 | | significance of the African slave trade, American slavery, | 8 | | its historical impact, and the struggle for freedom. | 9 | | (6) To prepare reports for the Governor and the General | 10 | | Assembly regarding its findings and recommendations on | 11 | | facilitating the inclusion of the African slave trade, | 12 | | American slavery studies, African-American history, and | 13 | | special programs in the educational system of the State.
| 14 | | (7) To develop, in consultation with the State Board of | 15 | | Education, curriculum guidelines that will be made | 16 | | available to every school board for the teaching of | 17 | | information on the African slave trade, slavery in America, | 18 | | the vestiges of slavery in this country, and the | 19 | | contributions of African-Americans to our country.
| 20 | | (8) To solicit, receive, and accept appropriations, | 21 | | gifts, and donations for Commission operations and | 22 | | programs authorized under this Section.
| 23 | | (j) Commission requests for assistance. The Commission is | 24 | | authorized to call upon any department, office, division, or | 25 | | agency of the State, or of any county, municipality, or school | 26 | | district of the State, to supply such data, program reports, |
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| 1 | | and other information, appropriate school personnel, and | 2 | | assistance as it deems necessary to discharge its | 3 | | responsibilities under this Act. These departments, offices, | 4 | | divisions, and agencies shall, to the extent possible and not | 5 | | inconsistent with any other law of this State, cooperate with | 6 | | the Commission and shall furnish it with such information, | 7 | | appropriate school personnel, and assistance as may be | 8 | | necessary or helpful to accomplish the purposes of this Act.
| 9 | | (k) State Board of Education assistance. The State Board of | 10 | | Education shall: | 11 | | (1) Assist the Amistad Commission in marketing and | 12 | | distributing to educators, administrators, and school | 13 | | districts in the State educational information and other | 14 | | materials on the African slave trade, slavery in America, | 15 | | the vestiges of slavery in this country, and the | 16 | | contributions of African-Americans to our society. | 17 | | (2) Conduct at least one teacher workshop annually on | 18 | | the African slave trade, slavery in America, the vestiges | 19 | | of slavery in this country, and the contributions of | 20 | | African-Americans to our society. | 21 | | (3) Assist the Amistad Commission in monitoring the | 22 | | inclusion of slavery materials and curricula in the State's | 23 | | educational system. | 24 | | (4) Consult with the Amistad Commission to determine | 25 | | ways it may survey, catalog, and extend slave trade and | 26 | | American slavery education presently being taught in the |
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| 1 | | State's educational system. | 2 | | The State Board of Education may, subject to the | 3 | | availability of appropriations, hire additional staff and | 4 | | consultants to carry out the duties and responsibilities | 5 | | provided within this subsection (k). | 6 | | (l) Report. The Commission shall report its activities and | 7 | | findings, as required under subsection (i), to the Governor and | 8 | | General Assembly on or before June 30, 2006, and biannually | 9 | | thereafter.
| 10 | | (Source: P.A. 94-285, eff. 7-21-05.)
| 11 | | (20 ILCS 3405/30)
| 12 | | Sec. 30. Board Library; Board ; Foundation. There is | 13 | | established within the
Historic Preservation Agency the
| 14 | | Abraham Lincoln
Presidential Library and Museum.
There shall be | 15 | | a Board an Advisory Board of the Abraham Lincoln Presidential | 16 | | Library and Museum to advise
the Lincoln
Presidential Library | 17 | | and the Library Director on programs related to
the
Lincoln | 18 | | Presidential
Library and to exercise the powers and duties | 19 | | given to it under the Abraham Lincoln Presidential Library and | 20 | | Museum Act . The Lincoln Presidential Library
and the Abraham | 21 | | Lincoln Presidential Library Foundation shall mutually
| 22 | | co-operate
to maximize resources available to the Lincoln | 23 | | Presidential Library
and to support, sustain, and provide | 24 | | educational programs and collections at
the Lincoln | 25 | | Presidential Library.
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| 1 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 2 | | (20 ILCS 3405/31)
| 3 | | Sec. 31. Board Advisory Board . The Advisory Board of the | 4 | | Abraham Lincoln Presidential
Library
and Museum shall consist
| 5 | | of 11 members to be appointed by the Governor, with the advice | 6 | | and consent of
the Senate. Each of these members shall
have | 7 | | recognized
knowledge and ability in matters relating to | 8 | | history, research, cultural
institutions, archives,
libraries, | 9 | | business, or education. The terms of office of these members
| 10 | | shall be 6 years,
except that the terms of office of the | 11 | | initial members shall commence from the
effective date of
this | 12 | | Article and run as follows, as designated by the Governor: one | 13 | | for a term
expiring December
31, 2003, 2 for terms expiring | 14 | | December 31, 2004, 2 for terms expiring
December 31, 2005, 2
| 15 | | for terms expiring December 31, 2006, 2 for terms expiring | 16 | | December 31, 2007,
and 2 for
terms expiring December 31, 2008. | 17 | | The Governor shall appoint one of the members
as Chair to
serve | 18 | | at the pleasure of the Governor.
| 19 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 20 | | (20 ILCS 3405/34)
| 21 | | Sec. 34. Internal Auditor. There is created the Office of | 22 | | the Internal
Auditor
of the Historic
Preservation Agency. The | 23 | | Internal Auditor shall be appointed by the Board,
shall serve | 24 | | at the
pleasure of the Board, and shall report to the Board. |
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| 1 | | The Internal Auditor
shall audit and
maintain the financial | 2 | | books, records, papers, and transactions of the Lincoln
| 3 | | Presidential Library
and the Historic Sites and Preservation | 4 | | Division of the Historic Preservation
Agency. The Internal
| 5 | | Auditor shall
prepare an annual report for each fiscal year of | 6 | | the operations of the Historic
Preservation
Agency, which shall | 7 | | be submitted to the Board, the General Assembly, and the
| 8 | | Governor.
Nothing in this Section shall abridge the authority | 9 | | of the Illinois Auditor
General to
independently audit the | 10 | | Illinois Historic Preservation Agency or any of the
libraries, | 11 | | divisions, or
offices contained within the Agency.
| 12 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 13 | | Section 50. The Illinois Historic Preservation Act is | 14 | | amended by changing Section 3 as follows:
| 15 | | (20 ILCS 3410/3) (from Ch. 127, par. 133d3)
| 16 | | Sec. 3.
There is recognized and established hereunder the | 17 | | Illinois Historic
Sites Advisory Council, previously | 18 | | established pursuant to Federal regulations,
hereafter called | 19 | | the Council. The Council shall consist of
15 members. Of these, | 20 | | there shall be at least 3 historians, at least 3
architectural | 21 | | historians, or architects with a preservation background,
and | 22 | | at least 3 archeologists. The remaining 6 members shall be | 23 | | drawn from
supporting fields and have a preservation interest. | 24 | | Supporting fields shall
include but not be limited to |
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| 1 | | historical geography, law, urban planning,
local government | 2 | | officials, and members of other preservation commissions.
All | 3 | | shall be appointed by the Director of Historic Sites and | 4 | | Preservation,
with the consent of the Board.
| 5 | | The Council Chairperson shall be appointed by the Director | 6 | | of the Historic
Preservation Agency Sites and Preservation from | 7 | | the Council
membership and shall serve at the Director's | 8 | | pleasure.
| 9 | | The Executive Director of the Abraham Lincoln Presidential | 10 | | Library and Museum and the Director of
the Illinois State | 11 | | Museum shall serve on the Council
in advisory capacity as | 12 | | non-voting members.
| 13 | | Terms of membership shall be 3 years and shall be staggered | 14 | | by the Director
to assure continuity of representation.
| 15 | | The Council shall meet at least 3 times each year. | 16 | | Additional meetings
may be held at the call of the chairperson | 17 | | or at the call of the Director.
| 18 | | Members shall serve without compensation, but shall be | 19 | | reimbursed for actual
expenses incurred in the performance of | 20 | | their duties.
| 21 | | (Source: P.A. 97-785, eff. 7-13-12.)
| 22 | | Section 55. The State Historical Library Act is amended by | 23 | | changing Section 5.1 as follows:
| 24 | | (20 ILCS 3425/5.1) (from Ch. 128, par. 16.1)
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| 1 | | Sec. 5.1.
The State Historian shall establish and supervise | 2 | | a program within
the Abraham Lincoln Presidential Library | 3 | | designed
to preserve as historical
records selected past | 4 | | editions of newspapers of this State. Such editions
shall be | 5 | | microphotographed. The negatives of such microphotographs | 6 | | shall be
stored in a place provided by the Abraham Lincoln | 7 | | Presidential Library.
| 8 | | The State Historian shall determine on the basis of | 9 | | historical value the
various newspaper edition files which | 10 | | shall be microphotographed and shall
arrange a schedule for | 11 | | such microphotographing. The State Historian shall
supervise | 12 | | the making of arrangements for acquiring access to past edition
| 13 | | files with the editors or publishers of the various newspapers.
| 14 | | The method of microphotography to be employed in this | 15 | | program shall
conform to the standards established pursuant to | 16 | | Section 17 of "The State
Records Act", approved July 6, 1957.
| 17 | | Upon payment to the Abraham Lincoln Presidential Library of | 18 | | the required
fee, any person or organization shall be supplied | 19 | | with any prints requested
to be made from the negatives of the | 20 | | microphotographs. The fee required
shall be determined by the | 21 | | State Historian and shall be equal in amount to
the cost | 22 | | incurred by the Lincoln Presidential Library
in supplying the
| 23 | | requested prints.
| 24 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 25 | | Section 60. The Old State Capitol Act is amended by |
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| 1 | | changing Section 1 as follows:
| 2 | | (20 ILCS 3430/1) (from Ch. 123, par. 52)
| 3 | | Sec. 1.
As used in this Act,
| 4 | | (a) "Old State Capitol Complex" means the old State capitol
| 5 | | reconstructed under the "1961 Act" in Springfield and includes | 6 | | space also
occupied
by the Abraham Lincoln Presidential Library | 7 | | and Museum and an underground parking garage;
| 8 | | (b) "1961 Act" means "An Act providing for the | 9 | | reconstruction and
restoration of the old State Capitol at | 10 | | Springfield and providing for the
custody thereof", approved | 11 | | August 24, 1961, as amended;
| 12 | | (c) "Board of Trustees" means the Board of Trustees of the | 13 | | Historic
Preservation Agency.
| 14 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 15 | | Section 65. The Illinois Sesquicentennial of the American | 16 | | Civil War Commission Act is amended by changing Section 10 as | 17 | | follows: | 18 | | (20 ILCS 5030/10)
| 19 | | Sec. 10. Composition of the Commission. The Commission is | 20 | | composed of 17 members as follows:
| 21 | | (1) One member of the House of Representatives | 22 | | appointed by the Speaker of the House of Representatives, | 23 | | one member of the House of Representatives appointed by the |
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| 1 | | Minority Leader of the House of Representatives, one member | 2 | | of the Senate appointed by the President of the Senate, and | 3 | | one member of the Senate appointed by the Minority Leader | 4 | | of the Senate; | 5 | | (2) One member of the public appointed by the Speaker | 6 | | of the House of Representatives, one member of the public | 7 | | appointed by the Minority Leader of the House of | 8 | | Representatives, one member of the public appointed by the | 9 | | President of the Senate, and one member of the public | 10 | | appointed by the Minority Leader of the Senate; | 11 | | (3) 3 members of the public appointed by the Governor, | 12 | | one of whom shall serve as the chairperson; and | 13 | | (4) 6 ex officio members as follows:
| 14 | | (A) the Governor or his or her designee;
| 15 | | (B) the Director of Historic Preservation or his or | 16 | | her designee; | 17 | | (C) the Director of Natural Resources or his or her | 18 | | designee; | 19 | | (D) the Illinois State Historian or his or her | 20 | | designee; | 21 | | (E) the Executive Director of the Abraham Lincoln | 22 | | Presidential Library and Museum or his or her designee; | 23 | | and | 24 | | (F) the Director of the Lincoln Home National | 25 | | Historic Site or his or her designee.
| 26 | | (Source: P.A. 97-548, eff. 8-25-11.) |
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| 1 | | Section 70. The Illinois Municipal Code is amended by | 2 | | changing Section 11-48-1 as follows:
| 3 | | (65 ILCS 5/11-48-1) (from Ch. 24, par. 11-48-1)
| 4 | | Sec. 11-48-1.
The city council or board of trustees of | 5 | | every city,
incorporated town or village may, by order or | 6 | | resolution authorize and
direct to be transferred to the | 7 | | Abraham Lincoln Presidential Library and Museum , the State
| 8 | | Archives or to the State
University Library at Urbana, | 9 | | Illinois, or to any historical society duly
incorporated and | 10 | | located within their respective counties, such official
| 11 | | papers, drawings, maps, writings and records of every | 12 | | description as may be
deemed of historic interest or value, and | 13 | | as may be in the custody of any
officer of such county, city, | 14 | | incorporated town or village. Accurate copies
of the same when | 15 | | so transferred shall be substituted for the original when
in | 16 | | the judgment of such city council or board of trustees the same | 17 | | may be
deemed necessary.
| 18 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 19 | | Section 75. The Liquor Control Act of 1934 is amended by | 20 | | changing Section 6-15 as follows:
| 21 | | (235 ILCS 5/6-15) (from Ch. 43, par. 130)
| 22 | | Sec. 6-15. No alcoholic liquors shall be sold or delivered |
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| 1 | | in any
building belonging to or under the control of the State | 2 | | or any political
subdivision thereof except as provided in this | 3 | | Act. The corporate
authorities of any city, village, | 4 | | incorporated town, township, or county may provide by
| 5 | | ordinance, however, that alcoholic liquor may be sold or | 6 | | delivered in any
specifically designated building belonging to | 7 | | or under the control of the
municipality, township, or county, | 8 | | or in any building located on land under the
control of the | 9 | | municipality, township, or county; provided that such township | 10 | | or county complies with all
applicable local ordinances in any | 11 | | incorporated area of the township or county.
Alcoholic liquor | 12 | | may be delivered to and sold under the authority of a special | 13 | | use permit on any property owned by a conservation district | 14 | | organized under the Conservation District Act, provided that | 15 | | (i) the alcoholic liquor is sold only at an event authorized by | 16 | | the governing board of the conservation district, (ii) the | 17 | | issuance of the special use permit is authorized by the local | 18 | | liquor control commissioner of the territory in which the | 19 | | property is located, and (iii) the special use permit | 20 | | authorizes the sale of alcoholic liquor for one day or less. | 21 | | Alcoholic liquors may be delivered to and sold at any airport | 22 | | belonging to
or under the control of a municipality of more | 23 | | than 25,000 inhabitants, or
in any building or on any golf | 24 | | course owned by a park district organized under
the Park | 25 | | District
Code, subject to the approval of the governing board | 26 | | of the district, or
in any building or on any golf course owned |
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| 1 | | by a forest preserve district
organized under the Downstate | 2 | | Forest Preserve District Act, subject to the
approval of the | 3 | | governing board of the district, or on the grounds
within 500 | 4 | | feet of any building owned by a forest preserve district
| 5 | | organized under the Downstate Forest Preserve District Act | 6 | | during
times when food is dispensed for consumption within
500 | 7 | | feet of the building from which the food is dispensed,
subject | 8 | | to the
approval of the
governing board of the district, or in a | 9 | | building owned by a Local Mass
Transit District organized under | 10 | | the Local Mass Transit District Act, subject
to the approval of | 11 | | the governing Board of the District, or in Bicentennial
Park, | 12 | | or
on the premises of the City of Mendota Lake Park
located | 13 | | adjacent to Route 51 in Mendota, Illinois, or on the premises | 14 | | of
Camden Park in Milan, Illinois, or in the community center | 15 | | owned by the
City of Loves Park that is located at 1000 River | 16 | | Park Drive in Loves Park,
Illinois, or, in connection with the | 17 | | operation of an established food
serving facility during times | 18 | | when food is dispensed for consumption on the
premises, and at | 19 | | the following aquarium and museums located in public
parks: Art | 20 | | Institute of Chicago, Chicago Academy of Sciences, Chicago
| 21 | | Historical Society, Field Museum of Natural History, Museum of | 22 | | Science and
Industry, DuSable Museum of African American | 23 | | History, John G. Shedd
Aquarium and Adler Planetarium, or at | 24 | | Lakeview Museum of Arts and Sciences
in Peoria, or in | 25 | | connection with the operation of the facilities of the
Chicago | 26 | | Zoological Society or the Chicago Horticultural Society on land
|
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| 1 | | owned by the Forest Preserve District of Cook County,
or on any | 2 | | land used for a golf course or for recreational purposes
owned | 3 | | by the Forest Preserve District of Cook County, subject to the | 4 | | control
of the Forest Preserve District Board of Commissioners | 5 | | and applicable local
law, provided that dram shop liability | 6 | | insurance is provided at
maximum coverage limits so as to hold | 7 | | the
District harmless from all financial loss, damage, and | 8 | | harm,
or in any building
located on land owned by the Chicago | 9 | | Park District if approved by the Park
District Commissioners, | 10 | | or on any land used for a golf course or for
recreational | 11 | | purposes and owned by the Illinois International Port District | 12 | | if
approved by the District's governing board, or at any | 13 | | airport, golf course,
faculty center, or
facility in which | 14 | | conference and convention type activities take place
belonging | 15 | | to or under control of any State university or public community
| 16 | | college district, provided that with respect to a facility for | 17 | | conference
and convention type activities alcoholic liquors | 18 | | shall be limited to the
use of the convention or conference | 19 | | participants or participants
in cultural, political or | 20 | | educational activities held in such facilities,
and provided | 21 | | further that the faculty or staff of the State university or
a | 22 | | public community college district, or members of an | 23 | | organization of
students, alumni, faculty or staff of the State | 24 | | university or a public
community college district are active | 25 | | participants in the conference
or convention, or in Memorial | 26 | | Stadium on the campus of the University of
Illinois at |
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| 1 | | Urbana-Champaign during games in which the
Chicago Bears | 2 | | professional football team is playing in that stadium during | 3 | | the
renovation of Soldier Field, not more than one and a half | 4 | | hours before the
start of the game and not after the end of the | 5 | | third quarter of the game,
or in the Pavilion Facility on the | 6 | | campus of the University of Illinois at Chicago during games in | 7 | | which the Chicago Storm professional soccer team is playing in | 8 | | that facility, not more than one and a half hours before the | 9 | | start of the game and not after the end of the third quarter of | 10 | | the game, or in the Pavilion Facility on the campus of the | 11 | | University of Illinois at Chicago during games in which the | 12 | | WNBA professional women's basketball team is playing in that | 13 | | facility, not more than one and a half hours before the start | 14 | | of the game and not after the 10-minute mark of the second half | 15 | | of the game, or by a catering establishment which has rented | 16 | | facilities
from a board of trustees of a public community | 17 | | college district, or in a restaurant that is operated by a | 18 | | commercial tenant in the North Campus Parking Deck building | 19 | | that (1) is located at 1201 West University Avenue, Urbana, | 20 | | Illinois and (2) is owned by the Board of Trustees of the | 21 | | University of Illinois, or, if
approved by the District board, | 22 | | on land owned by the Metropolitan Sanitary
District of Greater | 23 | | Chicago and leased to others for a term of at least
20 years. | 24 | | Nothing in this Section precludes the sale or delivery of
| 25 | | alcoholic liquor in the form of original packaged goods in | 26 | | premises located
at 500 S. Racine in Chicago belonging to the |
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| 1 | | University of Illinois and
used primarily as a grocery store by | 2 | | a commercial tenant during the term of
a lease that predates | 3 | | the University's acquisition of the premises; but the
| 4 | | University shall have no power or authority to renew, transfer, | 5 | | or extend
the lease with terms allowing the sale of alcoholic | 6 | | liquor; and the sale of
alcoholic liquor shall be subject to | 7 | | all local laws and regulations.
After the acquisition by | 8 | | Winnebago County of the property located at 404
Elm Street in | 9 | | Rockford, a commercial tenant who sold alcoholic liquor at
| 10 | | retail on a portion of the property under a valid license at | 11 | | the time of
the acquisition may continue to do so for so long | 12 | | as the tenant and the
County may agree under existing or future | 13 | | leases, subject to all local laws
and regulations regarding the | 14 | | sale of alcoholic liquor. Alcoholic liquors may be delivered to | 15 | | and sold at Memorial Hall, located at 211 North Main Street, | 16 | | Rockford, under conditions approved by Winnebago County and | 17 | | subject to all local laws and regulations regarding the sale of | 18 | | alcoholic liquor. Each
facility shall provide dram shop | 19 | | liability in maximum insurance coverage
limits so as to save | 20 | | harmless the State, municipality, State university,
airport, | 21 | | golf course, faculty center, facility in which conference and
| 22 | | convention type activities take place, park district, Forest | 23 | | Preserve
District, public community college district, | 24 | | aquarium, museum, or sanitary
district from all financial loss, | 25 | | damage or harm. Alcoholic liquors may be
sold at retail in | 26 | | buildings of golf courses owned by municipalities or Illinois |
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| 1 | | State University in
connection with the operation of an | 2 | | established food serving facility
during times when food is | 3 | | dispensed for consumption upon the premises.
Alcoholic liquors | 4 | | may be delivered to and sold at retail in any building
owned by | 5 | | a fire protection district organized under the Fire Protection
| 6 | | District Act, provided that such delivery and sale is approved | 7 | | by the board
of trustees of the district, and provided further | 8 | | that such delivery and
sale is limited to fundraising events | 9 | | and to a maximum of 6 events per year. However, the limitation | 10 | | to fundraising events and to a maximum of 6 events per year | 11 | | does not apply to the delivery, sale, or manufacture of | 12 | | alcoholic liquors at the building located at 59 Main Street in | 13 | | Oswego, Illinois, owned by the Oswego Fire Protection District | 14 | | if the alcoholic liquor is sold or dispensed as approved by the | 15 | | Oswego Fire Protection District and the property is no longer | 16 | | being utilized for fire protection purposes.
| 17 | | Alcoholic liquors may be served or sold in buildings under | 18 | | the control of the Board of Trustees of the University of | 19 | | Illinois for events that the Board may determine are public | 20 | | events and not related student activities. The Board of | 21 | | Trustees shall issue a written policy within 6 months of the | 22 | | effective date of this amendatory Act of the 95th General | 23 | | Assembly concerning the types of events that would be eligible | 24 | | for an exemption. Thereafter, the Board of Trustees may issue | 25 | | revised, updated, new, or amended policies as it deems | 26 | | necessary and appropriate. In preparing its written policy, the |
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| 1 | | Board of Trustees shall, among other factors it considers | 2 | | relevant and important, give consideration to the following: | 3 | | (i) whether the event is a student activity or student related | 4 | | activity; (ii) whether the physical setting of the event is | 5 | | conducive to control of liquor sales and distribution; (iii) | 6 | | the ability of the event operator to ensure that the sale or | 7 | | serving of alcoholic liquors and the demeanor of the | 8 | | participants are in accordance with State law and University | 9 | | policies; (iv) regarding the anticipated attendees at the | 10 | | event, the relative proportion of individuals under the age of | 11 | | 21 to individuals age 21 or older; (v) the ability of the venue | 12 | | operator to prevent the sale or distribution of alcoholic | 13 | | liquors to individuals under the age of 21; (vi) whether the | 14 | | event prohibits participants from removing alcoholic beverages | 15 | | from the venue; and (vii) whether the event prohibits | 16 | | participants from providing their own alcoholic liquors to the | 17 | | venue. In addition, any policy submitted by the Board of | 18 | | Trustees to the Illinois Liquor Control Commission must require | 19 | | that any event at which alcoholic liquors are served or sold in | 20 | | buildings under the control of the Board of Trustees shall | 21 | | require the prior written approval of the Office of the | 22 | | Chancellor for the University campus where the event is | 23 | | located. The Board of Trustees shall submit its policy, and any | 24 | | subsequently revised, updated, new, or amended policies, to the | 25 | | Illinois Liquor Control Commission, and any University event, | 26 | | or location for an event, exempted under such policies shall |
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| 1 | | apply for a license under the applicable Sections of this Act. | 2 | | Alcoholic liquors may be served or sold in buildings under
| 3 | | the control of the Board of Trustees of Northern Illinois | 4 | | University
for events that the Board may determine are public
| 5 | | events and not student-related activities. The Board of
| 6 | | Trustees shall issue a written policy within 6 months after | 7 | | June 28, 2011 (the
effective date of Public Act 97-45) | 8 | | concerning the types of events that would be eligible
for an | 9 | | exemption. Thereafter, the Board of Trustees may issue
revised, | 10 | | updated, new, or amended policies as it deems
necessary and | 11 | | appropriate. In preparing its written policy, the
Board of | 12 | | Trustees shall, in addition to other factors it considers
| 13 | | relevant and important, give consideration to the following:
| 14 | | (i) whether the event is a student activity or student-related
| 15 | | activity; (ii) whether the physical setting of the event is
| 16 | | conducive to control of liquor sales and distribution; (iii)
| 17 | | the ability of the event operator to ensure that the sale or
| 18 | | serving of alcoholic liquors and the demeanor of the
| 19 | | participants are in accordance with State law and University
| 20 | | policies; (iv) the anticipated attendees at the
event and the | 21 | | relative proportion of individuals under the age of
21 to | 22 | | individuals age 21 or older; (v) the ability of the venue
| 23 | | operator to prevent the sale or distribution of alcoholic
| 24 | | liquors to individuals under the age of 21; (vi) whether the
| 25 | | event prohibits participants from removing alcoholic beverages
| 26 | | from the venue; and (vii) whether the event prohibits
|
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| 1 | | participants from providing their own alcoholic liquors to the
| 2 | | venue. | 3 | | Alcoholic liquors may be served or sold in buildings under | 4 | | the control of the Board of Trustees of Chicago State | 5 | | University for events that the Board may determine are public | 6 | | events and not student-related activities. The Board of | 7 | | Trustees shall issue a written policy within 6 months after | 8 | | August 2, 2013 (the effective date of Public Act 98-132) | 9 | | concerning the types of events that would be eligible for an | 10 | | exemption. Thereafter, the Board of Trustees may issue revised, | 11 | | updated, new, or amended policies as it deems necessary and | 12 | | appropriate. In preparing its written policy, the Board of | 13 | | Trustees shall, in addition to other factors it considers | 14 | | relevant and important, give consideration to the following: | 15 | | (i) whether the event is a student activity or student-related | 16 | | activity; (ii) whether the physical setting of the event is | 17 | | conducive to control of liquor sales and distribution; (iii) | 18 | | the ability of the event operator to ensure that the sale or | 19 | | serving of alcoholic liquors and the demeanor of the | 20 | | participants are in accordance with State law and University | 21 | | policies; (iv) the anticipated attendees at the event and the | 22 | | relative proportion of individuals under the age of 21 to | 23 | | individuals age 21 or older; (v) the ability of the venue | 24 | | operator to prevent the sale or distribution of alcoholic | 25 | | liquors to individuals under the age of 21; (vi) whether the | 26 | | event prohibits participants from removing alcoholic beverages |
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| 1 | | from the venue; and (vii) whether the event prohibits | 2 | | participants from providing their own alcoholic liquors to the | 3 | | venue. | 4 | | Alcoholic liquors may be served or sold in buildings under
| 5 | | the control of the Board of Trustees of Illinois State | 6 | | University
for events that the Board may determine are public
| 7 | | events and not student-related activities. The Board of
| 8 | | Trustees shall issue a written policy within 6 months after the | 9 | | effective date of this amendatory Act of the 97th General | 10 | | Assembly concerning the types of events that would be eligible
| 11 | | for an exemption. Thereafter, the Board of Trustees may issue
| 12 | | revised, updated, new, or amended policies as it deems
| 13 | | necessary and appropriate. In preparing its written policy, the
| 14 | | Board of Trustees shall, in addition to other factors it | 15 | | considers
relevant and important, give consideration to the | 16 | | following:
(i) whether the event is a student activity or | 17 | | student-related
activity; (ii) whether the physical setting of | 18 | | the event is
conducive to control of liquor sales and | 19 | | distribution; (iii)
the ability of the event operator to ensure | 20 | | that the sale or
serving of alcoholic liquors and the demeanor | 21 | | of the
participants are in accordance with State law and | 22 | | University
policies; (iv) the anticipated attendees at the
| 23 | | event and the relative proportion of individuals under the age | 24 | | of
21 to individuals age 21 or older; (v) the ability of the | 25 | | venue
operator to prevent the sale or distribution of alcoholic
| 26 | | liquors to individuals under the age of 21; (vi) whether the
|
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| 1 | | event prohibits participants from removing alcoholic beverages
| 2 | | from the venue; and (vii) whether the event prohibits
| 3 | | participants from providing their own alcoholic liquors to the
| 4 | | venue. | 5 | | Alcoholic liquor may be delivered to and sold at retail in | 6 | | the
Dorchester Senior Business Center owned by the Village of | 7 | | Dolton if the
alcoholic liquor is sold or dispensed only in | 8 | | connection with organized
functions for which the planned | 9 | | attendance is 20 or more persons, and if
the person or facility | 10 | | selling or dispensing the alcoholic liquor has
provided dram | 11 | | shop liability insurance in maximum limits so as to hold
| 12 | | harmless the Village of Dolton and the State from all financial | 13 | | loss,
damage and harm.
| 14 | | Alcoholic liquors may be delivered to and sold at retail in | 15 | | any
building used as an Illinois State Armory provided:
| 16 | | (i) the Adjutant General's written consent to the | 17 | | issuance of a
license to sell alcoholic liquor in such | 18 | | building is filed with the
Commission;
| 19 | | (ii) the alcoholic liquor is sold or dispensed only in | 20 | | connection
with organized functions held on special | 21 | | occasions;
| 22 | | (iii) the organized function is one for which the | 23 | | planned attendance
is 25 or more persons; and
| 24 | | (iv) the facility selling or dispensing the alcoholic | 25 | | liquors has
provided dram shop liability insurance in | 26 | | maximum limits so as to save
harmless the facility and the |
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| 1 | | State from all financial loss, damage or harm.
| 2 | | Alcoholic liquors may be delivered to and sold at retail in | 3 | | the Chicago
Civic Center, provided that:
| 4 | | (i) the written consent of the Public Building | 5 | | Commission which
administers the Chicago Civic Center is | 6 | | filed with the Commission;
| 7 | | (ii) the alcoholic liquor is sold or dispensed only in | 8 | | connection with
organized functions held on special | 9 | | occasions;
| 10 | | (iii) the organized function is one for which the | 11 | | planned attendance is
25 or more persons;
| 12 | | (iv) the facility selling or dispensing the alcoholic | 13 | | liquors has
provided dram shop liability insurance in | 14 | | maximum limits so as to hold
harmless the Civic Center, the | 15 | | City of Chicago and the State from all
financial loss, | 16 | | damage or harm; and
| 17 | | (v) all applicable local ordinances are complied with.
| 18 | | Alcoholic liquors may be delivered or sold in any building | 19 | | belonging to
or under the control of any city, village or | 20 | | incorporated town where more
than 75% of the physical | 21 | | properties of the building is used for commercial
or | 22 | | recreational purposes, and the building is located upon a pier | 23 | | extending
into or over the waters of a navigable lake or stream | 24 | | or on the shore of a
navigable lake or stream.
In accordance | 25 | | with a license issued under this Act, alcoholic liquor may be | 26 | | sold, served, or delivered in buildings and facilities under
|
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| 1 | | the control
of the Department of Natural Resources during | 2 | | events or activities lasting no more than 7 continuous days | 3 | | upon the written approval of the
Director of
Natural Resources | 4 | | acting as the controlling government authority. The Director
of
| 5 | | Natural Resources may specify conditions on that approval, | 6 | | including but not
limited to
requirements for insurance and | 7 | | hours of operation.
Notwithstanding any other provision of this | 8 | | Act, alcoholic liquor sold by a
United States Army Corps of | 9 | | Engineers or Department of Natural
Resources
concessionaire | 10 | | who was operating on June 1, 1991 for on-premises consumption
| 11 | | only is not subject to the provisions of Articles IV and IX. | 12 | | Beer and wine
may be sold on the premises of the Joliet Park | 13 | | District Stadium owned by
the Joliet Park District when written | 14 | | consent to the issuance of a license
to sell beer and wine in | 15 | | such premises is filed with the local liquor
commissioner by | 16 | | the Joliet Park District. Beer and wine may be sold in
| 17 | | buildings on the grounds of State veterans' homes when written | 18 | | consent to
the issuance of a license to sell beer and wine in | 19 | | such buildings is filed
with the Commission by the Department | 20 | | of Veterans' Affairs, and the
facility shall provide dram shop | 21 | | liability in maximum insurance coverage
limits so as to save | 22 | | the facility harmless from all financial loss, damage
or harm. | 23 | | Such liquors may be delivered to and sold at any property owned | 24 | | or
held under lease by a Metropolitan Pier and Exposition | 25 | | Authority or
Metropolitan Exposition and Auditorium Authority.
| 26 | | Beer and wine may be sold and dispensed at professional |
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| 1 | | sporting events
and at professional concerts and other | 2 | | entertainment events conducted on
premises owned by the Forest | 3 | | Preserve District of Kane County, subject to
the control of the | 4 | | District Commissioners and applicable local law,
provided that | 5 | | dram shop liability insurance is provided at maximum coverage
| 6 | | limits so as to hold the District harmless from all financial | 7 | | loss, damage
and harm.
| 8 | | Nothing in this Section shall preclude the sale or delivery | 9 | | of beer and
wine at a State or county fair or the sale or | 10 | | delivery of beer or wine at a
city fair in any otherwise lawful | 11 | | manner.
| 12 | | Alcoholic liquors may be sold at retail in buildings in | 13 | | State parks
under the control of the Department of Natural | 14 | | Resources,
provided:
| 15 | | a. the State park has overnight lodging facilities with | 16 | | some
restaurant facilities or, not having overnight | 17 | | lodging facilities, has
restaurant facilities which serve | 18 | | complete luncheon and dinner or
supper meals,
| 19 | | b. (blank), and
| 20 | | c. the alcoholic liquors are sold by the State park | 21 | | lodge or
restaurant concessionaire only during the hours | 22 | | from 11 o'clock a.m. until
12 o'clock midnight. | 23 | | Notwithstanding any other provision of this Act,
alcoholic | 24 | | liquor sold by the State park or restaurant concessionaire | 25 | | is not
subject to the provisions of Articles IV and IX.
| 26 | | Alcoholic liquors may be sold at retail in buildings on |
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| 1 | | properties
under the control of the Historic Sites and | 2 | | Preservation Division of the
Historic Preservation
Agency or | 3 | | the Abraham Lincoln Presidential Library and Museum provided:
| 4 | | a. the property has overnight lodging facilities with | 5 | | some restaurant
facilities or, not having overnight | 6 | | lodging facilities, has restaurant
facilities which serve | 7 | | complete luncheon and dinner or supper meals,
| 8 | | b. consent to the issuance of a license to sell | 9 | | alcoholic liquors in
the buildings has been filed with the | 10 | | commission by the Historic Sites and
Preservation Division
| 11 | | of the Historic
Preservation Agency or the Abraham Lincoln | 12 | | Presidential Library and Museum,
and
| 13 | | c. the alcoholic liquors are sold by the lodge or | 14 | | restaurant
concessionaire only during the hours from 11 | 15 | | o'clock a.m. until 12 o'clock
midnight.
| 16 | | The sale of alcoholic liquors pursuant to this Section does | 17 | | not
authorize the establishment and operation of facilities | 18 | | commonly called
taverns, saloons, bars, cocktail lounges, and | 19 | | the like except as a part
of lodge and restaurant facilities in | 20 | | State parks or golf courses owned
by Forest Preserve Districts | 21 | | with a population of less than 3,000,000 or
municipalities or | 22 | | park districts.
| 23 | | Alcoholic liquors may be sold at retail in the Springfield
| 24 | | Administration Building of the Department of Transportation | 25 | | and the
Illinois State Armory in Springfield; provided, that | 26 | | the controlling
government authority may consent to such sales |
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| 1 | | only if
| 2 | | a. the request is from a not-for-profit organization;
| 3 | | b. such sales would not impede normal operations of the | 4 | | departments
involved;
| 5 | | c. the not-for-profit organization provides dram shop | 6 | | liability in
maximum insurance coverage limits and agrees | 7 | | to defend, save harmless
and indemnify the State of | 8 | | Illinois from all financial loss, damage or harm;
| 9 | | d. no such sale shall be made during normal working | 10 | | hours of the
State of Illinois; and
| 11 | | e. the consent is in writing.
| 12 | | Alcoholic liquors may be sold at retail in buildings in | 13 | | recreational
areas of river conservancy districts under the | 14 | | control of, or leased
from, the river conservancy districts. | 15 | | Such sales are subject to
reasonable local regulations as | 16 | | provided in Article IV; however, no such
regulations may | 17 | | prohibit or substantially impair the sale of alcoholic
liquors | 18 | | on Sundays or Holidays.
| 19 | | Alcoholic liquors may be provided in long term care | 20 | | facilities owned or
operated by a county under Division 5-21 or | 21 | | 5-22 of the Counties Code,
when approved by the facility | 22 | | operator and not in conflict
with the regulations of the | 23 | | Illinois Department of Public Health, to
residents of the | 24 | | facility who have had their consumption of the alcoholic
| 25 | | liquors provided approved in writing by a physician licensed to | 26 | | practice
medicine in all its branches.
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| 1 | | Alcoholic liquors may be delivered to and dispensed in | 2 | | State housing
assigned to employees of the Department of | 3 | | Corrections.
No person shall furnish or allow to be furnished | 4 | | any alcoholic
liquors to any prisoner confined in any jail, | 5 | | reformatory, prison or house
of correction except upon a | 6 | | physician's prescription for medicinal purposes.
| 7 | | Alcoholic liquors may be sold at retail or dispensed at the | 8 | | Willard Ice
Building in Springfield, at the State Library in | 9 | | Springfield, and at
Illinois State Museum facilities by (1) an
| 10 | | agency of the State, whether legislative, judicial or | 11 | | executive, provided
that such agency first obtains written | 12 | | permission to sell or dispense
alcoholic liquors from the | 13 | | controlling government authority, or by (2) a
not-for-profit | 14 | | organization, provided that such organization:
| 15 | | a. Obtains written consent from the controlling | 16 | | government authority;
| 17 | | b. Sells or dispenses the alcoholic liquors in a manner | 18 | | that does not
impair normal operations of State offices | 19 | | located in the building;
| 20 | | c. Sells or dispenses alcoholic liquors only in | 21 | | connection with an
official activity in the building;
| 22 | | d. Provides, or its catering service provides, dram | 23 | | shop liability
insurance in maximum coverage limits and in | 24 | | which the carrier agrees to
defend, save harmless and | 25 | | indemnify the State of Illinois from all
financial loss, | 26 | | damage or harm arising out of the selling or dispensing of
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| 1 | | alcoholic liquors.
| 2 | | Nothing in this Act shall prevent a not-for-profit | 3 | | organization or agency
of the State from employing the services | 4 | | of a catering establishment for
the selling or dispensing of | 5 | | alcoholic liquors at authorized functions.
| 6 | | The controlling government authority for the Willard Ice | 7 | | Building in
Springfield shall be the Director of the Department | 8 | | of Revenue. The
controlling government authority for Illinois | 9 | | State Museum facilities shall
be the Director of the Illinois | 10 | | State Museum. The controlling government
authority for the | 11 | | State Library in Springfield shall be the Secretary of State.
| 12 | | Alcoholic liquors may be delivered to and sold at retail or | 13 | | dispensed
at any facility, property or building under the | 14 | | jurisdiction of the
Historic Sites and Preservation Division of | 15 | | the
Historic Preservation Agency
or the Abraham
Lincoln | 16 | | Presidential Library and Museum
where the delivery, sale or
| 17 | | dispensing is by (1)
an agency of the State, whether | 18 | | legislative, judicial or executive,
provided that such agency | 19 | | first obtains written permission to sell or
dispense alcoholic | 20 | | liquors from a controlling government authority, or by (2) an | 21 | | individual or organization provided that such individual or | 22 | | organization:
| 23 | | a. Obtains written consent from the controlling | 24 | | government authority;
| 25 | | b. Sells or dispenses the alcoholic liquors in a manner | 26 | | that does not
impair normal workings of State offices or |
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| 1 | | operations located at the
facility, property or building;
| 2 | | c. Sells or dispenses alcoholic liquors only in | 3 | | connection with an
official activity of the individual or | 4 | | organization in the facility,
property or building;
| 5 | | d. Provides, or its catering service provides, dram | 6 | | shop liability
insurance in maximum coverage limits and in | 7 | | which the carrier agrees to
defend, save harmless and | 8 | | indemnify the State of Illinois from all
financial loss, | 9 | | damage or harm arising out of the selling or dispensing of
| 10 | | alcoholic liquors.
| 11 | | The controlling government authority for the
Historic | 12 | | Sites and Preservation Division of the
Historic Preservation | 13 | | Agency
shall be the Director of the Historic Sites and | 14 | | Preservation Agency , and the
controlling
government authority | 15 | | for the Abraham Lincoln Presidential Library and Museum
shall | 16 | | be the Executive Director of the Abraham Lincoln Presidential | 17 | | Library and Museum.
| 18 | | Alcoholic liquors may be delivered to and sold at retail or | 19 | | dispensed for
consumption at the Michael Bilandic Building at | 20 | | 160 North LaSalle Street,
Chicago IL 60601, after the normal | 21 | | business hours of any day care or child care
facility located | 22 | | in the building, by (1) a commercial tenant or subtenant
| 23 | | conducting business on the premises under a lease made pursuant | 24 | | to Section
405-315 of the Department of Central Management | 25 | | Services Law (20 ILCS
405/405-315), provided that such tenant | 26 | | or subtenant who accepts delivery of,
sells, or dispenses |
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| 1 | | alcoholic liquors shall procure and maintain dram shop
| 2 | | liability insurance in maximum coverage limits and in which the | 3 | | carrier
agrees to defend, indemnify, and save harmless the | 4 | | State of Illinois from
all financial loss, damage, or harm | 5 | | arising out of the delivery, sale, or
dispensing of alcoholic | 6 | | liquors, or by (2) an agency of the State, whether
legislative, | 7 | | judicial, or executive, provided that such agency first obtains
| 8 | | written permission to accept delivery of and sell or dispense | 9 | | alcoholic liquors
from the Director of Central Management | 10 | | Services, or by (3) a not-for-profit
organization, provided | 11 | | that such organization:
| 12 | | a. obtains written consent from the Department of | 13 | | Central Management
Services;
| 14 | | b. accepts delivery of and sells or dispenses the | 15 | | alcoholic liquors in a
manner that does not impair normal | 16 | | operations of State offices located in the
building;
| 17 | | c. accepts delivery of and sells or dispenses alcoholic | 18 | | liquors only in
connection with an official activity in the | 19 | | building; and
| 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 |
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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 Director of | 4 | | Central Management Services.
| 5 | | Alcoholic liquors may be sold at retail or dispensed at the | 6 | | James R.
Thompson Center in Chicago, subject to the provisions | 7 | | of Section 7.4 of the
State Property Control Act, and 222 South | 8 | | College Street in Springfield,
Illinois by (1) a commercial | 9 | | tenant or subtenant conducting business on the
premises under a | 10 | | lease or sublease made pursuant to Section 405-315 of the
| 11 | | Department of Central Management Services Law (20 ILCS | 12 | | 405/405-315), provided
that such tenant or subtenant who
sells | 13 | | or dispenses alcoholic liquors shall procure and maintain dram | 14 | | shop
liability insurance in maximum coverage limits and in | 15 | | which the carrier
agrees to defend, indemnify and save harmless | 16 | | the State of Illinois from
all financial loss, damage or harm | 17 | | arising out of the sale or dispensing of
alcoholic liquors, or | 18 | | by (2) an agency of the State, whether legislative,
judicial or | 19 | | executive, provided that such agency first obtains written
| 20 | | permission to sell or dispense alcoholic liquors from the | 21 | | Director of
Central Management Services, or by (3) a | 22 | | not-for-profit organization,
provided that such organization:
| 23 | | a. Obtains written consent from the Department of | 24 | | Central Management
Services;
| 25 | | b. Sells or dispenses the alcoholic liquors in a manner | 26 | | that does not
impair normal operations of State offices |
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| 1 | | located in the building;
| 2 | | c. Sells or dispenses alcoholic liquors only in | 3 | | connection with an
official activity in the building;
| 4 | | d. Provides, or its catering service provides, dram | 5 | | shop liability
insurance in maximum coverage limits and in | 6 | | which the carrier agrees to
defend, save harmless and | 7 | | indemnify the State of Illinois from all
financial loss, | 8 | | damage or harm arising out of the selling or dispensing of
| 9 | | alcoholic liquors.
| 10 | | Nothing in this Act shall prevent a not-for-profit | 11 | | organization or agency
of the State from employing the services | 12 | | of a catering establishment for
the selling or dispensing of | 13 | | alcoholic liquors at functions authorized by
the Director of | 14 | | Central Management Services.
| 15 | | Alcoholic liquors may be sold or delivered at any facility | 16 | | owned by the
Illinois Sports Facilities Authority provided that | 17 | | dram shop liability
insurance has been made available in a | 18 | | form, with such coverage and in such
amounts as the Authority | 19 | | reasonably determines is necessary.
| 20 | | Alcoholic liquors may be sold at retail or dispensed at the | 21 | | Rockford
State Office Building by (1) an agency of the State, | 22 | | whether legislative,
judicial or executive, provided that such | 23 | | agency first obtains written
permission to sell or dispense | 24 | | alcoholic liquors from the Department of
Central Management | 25 | | Services, or by (2) a not-for-profit organization,
provided | 26 | | that such organization:
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| 1 | | a. Obtains written consent from the Department of | 2 | | Central Management
Services;
| 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 functions authorized by
the Department of | 18 | | Central Management Services.
| 19 | | Alcoholic liquors may be sold or delivered in a building | 20 | | that is owned
by McLean County, situated on land owned by the | 21 | | county in the City of
Bloomington, and used by the McLean | 22 | | County Historical Society if the sale
or delivery is approved | 23 | | by an ordinance adopted by the county board, and
the | 24 | | municipality in which the building is located may not prohibit | 25 | | that
sale or delivery, notwithstanding any other provision of | 26 | | this Section. The
regulation of the sale and delivery of |
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| 1 | | alcoholic liquor in a building that
is owned by McLean County, | 2 | | situated on land owned by the county, and used
by the McLean | 3 | | County Historical Society as provided in this paragraph is an
| 4 | | exclusive power and function of the State and is a denial and | 5 | | limitation
under Article VII, Section 6, subsection (h) of the | 6 | | Illinois Constitution
of the power of a home rule municipality | 7 | | to regulate that sale and delivery.
| 8 | | Alcoholic liquors may be sold or delivered in any building | 9 | | situated on
land held in trust for any school district | 10 | | organized under Article 34 of
the School Code, if the building | 11 | | is not used for school purposes and if the
sale or delivery is | 12 | | approved by the board of education.
| 13 | | Alcoholic liquors may be delivered to and sold at retail in | 14 | | any building owned by the Six Mile Regional Library District, | 15 | | provided that the delivery and sale is approved by the board of | 16 | | trustees of the Six Mile Regional Library District and the | 17 | | delivery and sale is limited to a maximum of 6 library district | 18 | | events per year. The Six Mile Regional Library District shall | 19 | | provide dram shop liability in maximum insurance coverage | 20 | | limits so as to save harmless the library district from all | 21 | | financial loss, damage, or harm. | 22 | | Alcoholic liquors may be sold or delivered in buildings | 23 | | owned
by the Community Building Complex Committee of Boone | 24 | | County,
Illinois if the person or facility selling or | 25 | | dispensing the
alcoholic liquor has provided dram shop | 26 | | liability insurance with coverage and
in amounts that the |
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| 1 | | Committee reasonably determines are necessary.
| 2 | | Alcoholic liquors may be sold or delivered in the building | 3 | | located at
1200 Centerville Avenue in Belleville, Illinois and | 4 | | occupied by either the
Belleville Area Special Education | 5 | | District or the Belleville Area Special
Services
Cooperative. | 6 | | Alcoholic liquors may be delivered to and sold at the Louis | 7 | | Joliet
Renaissance Center, City Center Campus, located at 214 | 8 | | N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts | 9 | | Department facilities, Main Campus, located at
1215 Houbolt | 10 | | Road, Joliet, owned by or under the control of Joliet Junior
| 11 | | College,
Illinois Community College District No. 525.
| 12 | | Alcoholic liquors may be delivered to and sold at Triton | 13 | | College, Illinois Community College District No. 504. | 14 | | Alcoholic liquors may be delivered to and sold at the | 15 | | College of DuPage, Illinois Community College District No. 502. | 16 | | Alcoholic liquors may be delivered to and sold at the | 17 | | building located at 446 East Hickory Avenue in Apple River, | 18 | | Illinois, owned by the Apple River Fire Protection District, | 19 | | and occupied by the Apple River Community Association if the | 20 | | alcoholic liquor is sold or dispensed only in connection with | 21 | | organized functions approved by the Apple River Community | 22 | | Association for which the planned attendance is 20 or more | 23 | | persons and if the person or facility selling or dispensing the | 24 | | alcoholic liquor has provided dram shop liability insurance in | 25 | | maximum limits so as to hold harmless the Apple River Fire | 26 | | Protection District, the Village of Apple River, and the Apple |
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| 1 | | River Community Association from all financial loss, damage, | 2 | | and harm. | 3 | | Alcoholic liquors may be delivered to and sold at the Sikia | 4 | | Restaurant, Kennedy King College Campus, located at 740 West | 5 | | 63rd Street, Chicago, and at the Food Services in the Great | 6 | | Hall/Washburne Culinary Institute Department facility, Kennedy | 7 | | King College Campus, located at 740 West 63rd Street, Chicago, | 8 | | owned by or under the control of City Colleges of Chicago, | 9 | | Illinois Community College District No. 508.
| 10 | | (Source: P.A. 97-33, eff. 6-28-11; 97-45, eff. 6-28-11; 97-51, | 11 | | eff. 6-28-11; 97-167, eff. 7-22-11; 97-250, eff. 8-4-11; | 12 | | 97-395, eff. 8-16-11; 97-813, eff. 7-13-12; 97-1166, eff. | 13 | | 3-1-13; 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; 98-692, eff. | 14 | | 7-1-14; 98-756, eff. 7-16-14; 98-1092, eff. 8-26-14; revised | 15 | | 10-3-14.) | 16 | | (20 ILCS 3405/17 rep.) | 17 | | (20 ILCS 3405/32 rep.) | 18 | | (20 ILCS 3405/33 rep.) | 19 | | Section 80. The Historic Preservation Agency Act is amended | 20 | | by repealing Sections 17, 32, and 33. | 21 | | (20 ILCS 3425/4 rep.) | 22 | | Section 85. The State Historical Library Act is amended by | 23 | | repealing Section 4.
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| 1 | | Section 99. Effective date. This Act takes effect July 1, | 2 | | 2015.".
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