Full Text of SB0302 102nd General Assembly
SB0302sam001 102ND GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 10/20/2021
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| 1 | | AMENDMENT TO SENATE BILL 302
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 302 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Records Act is amended by changing | 5 | | Sections 16 and 22a as follows:
| 6 | | (5 ILCS 160/16) (from Ch. 116, par. 43.19)
| 7 | | Sec. 16. There is created the State Records Commission. | 8 | | The Commission shall consist of the following State officials | 9 | | or their
authorized representatives: the Secretary of State, | 10 | | who shall act as chairman; the Executive Director of the | 11 | | Abraham Lincoln Presidential Library and Museum the State | 12 | | Historian , who shall
serve
as secretary; the State Treasurer; | 13 | | the
Director of Central Management Services;
the
Attorney | 14 | | General; and the State
Comptroller. The Commission shall meet | 15 | | whenever called
by the chairman, who shall have no vote on | 16 | | matters considered by the
Commission.
It shall be the duty of |
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| 1 | | the Commission to determine what records no longer
have any | 2 | | administrative, fiscal, legal, research, or historical value | 3 | | and
should
be destroyed or disposed of otherwise. The | 4 | | Commission may make recommendations to the Secretary of State | 5 | | concerning policies, guidelines, and best practices for | 6 | | addressing electronic records management issues as authorized | 7 | | under Section 37 of the Government Electronic Records Act.
| 8 | | (Source: P.A. 97-249, eff. 8-4-11 .)
| 9 | | (5 ILCS 160/22a) (from Ch. 116, par. 43.25a)
| 10 | | Sec. 22a.
There is hereby created the State Archives | 11 | | Advisory Board consisting
of 12 voting members and 2 nonvoting | 12 | | members.
| 13 | | The voting members shall be appointed by the Secretary of | 14 | | State as follows:
A member of the State Records Commission, a | 15 | | member of a Local Records Commission,
a member of a local | 16 | | historical society or museum, a university archivist,
a person | 17 | | in the field of education specializing in either history or | 18 | | political
science, a genealogist, a research or reference | 19 | | librarian, a person who
is employed or engaged as an archivist | 20 | | by a business establishment and 4 public members.
| 21 | | The nonvoting members shall be the Director of the State | 22 | | Library and the Executive Director of the Abraham Lincoln | 23 | | Presidential Library and Museum
State Historian who shall | 24 | | serve ex-officio.
| 25 | | Four of the initial appointees shall serve a 1-year term; |
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| 1 | | four shall serve
2-year terms; and the remaining 4 shall serve | 2 | | 3-year terms. The terms of
the initial appointees shall be | 3 | | specified by the Secretary of State at the
time of | 4 | | appointments. Subsequent to the initial appointments all | 5 | | members
shall hold office for a period of 3 years. Vacancies | 6 | | shall be filled by
appointment of the Secretary of State for | 7 | | the unexpired balance of the term.
No person shall serve for | 8 | | more than 2 consecutive 3-year terms.
| 9 | | The State Archives Advisory Board shall elect from its own | 10 | | members one
chairman and one vice chairman.
| 11 | | The members appointed to the Board shall serve without | 12 | | compensation
but shall be reimbursed for necessary expenses | 13 | | incurred in the performance
of their duties.
| 14 | | (Source: P.A. 83-523.)
| 15 | | (20 ILCS 3425/Act rep.)
| 16 | | Section 10. The State Historical Library Act is repealed. | 17 | | Section 15. The Abraham Lincoln Presidential Library and | 18 | | Museum Act is amended by changing Sections 15, 20, 30, 35, 40, | 19 | | and 45 and by adding Section 3 as follows: | 20 | | (20 ILCS 3475/3 new) | 21 | | Sec. 3. Executive Order superseded. Executive Order No. | 22 | | 2017-1 created the Abraham Lincoln Presidential Library and | 23 | | Museum as a State agency under the jurisdiction of the |
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| 1 | | Governor. This Act is the implementation of that Executive | 2 | | Order. To the extent that there is a conflict between the | 3 | | provisions of the Executive Order and this Act, this Act | 4 | | supersedes the Executive Order, and shall be controlling. | 5 | | (20 ILCS 3475/15)
| 6 | | Sec. 15. Board. There shall be a Board of Trustees of the | 7 | | Abraham Lincoln Presidential Library and Museum to set policy | 8 | | and advise the Abraham Lincoln Presidential Library and Museum | 9 | | and the Executive Director on programs related to the Abraham | 10 | | Lincoln Presidential Library and Museum and to exercise the | 11 | | powers and duties given to it under Section 25 of this Act. The | 12 | | Abraham Lincoln Presidential Library and Museum and the | 13 | | Abraham Lincoln Presidential Library Foundation shall mutually | 14 | | cooperate to maximize resources available to the Abraham | 15 | | Lincoln Presidential Library and Museum and to support, | 16 | | sustain, and provide educational programs and collections at | 17 | | the Abraham Lincoln Presidential Library and Museum. Any | 18 | | membership fees collected by the Abraham Lincoln Presidential | 19 | | Library Foundation may be used to support the Abraham Lincoln | 20 | | Presidential Library and Museum programs or collections at the | 21 | | Foundation's discretion.
| 22 | | The terms of the mutual cooperation shall be set forth in a | 23 | | memorandum of understanding or similar written document for an | 24 | | agreed-upon term concluding on December 31st of a particular | 25 | | year and shall include, at a minimum, the following:
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| 1 | | (a) an authorization by the Agency for the Foundation | 2 | | to operate, directly or through subcontractors, food | 3 | | service, catering service, and retail activities at the | 4 | | Abraham Lincoln Presidential Library and Museum with the | 5 | | net proceeds being made available by the Foundation to the | 6 | | Abraham Lincoln Presidential Library and Museum; | 7 | | (b) a requirement that the Foundation annually provide | 8 | | to the Office of the Governor and the General Assembly the | 9 | | following: | 10 | | (1) any audit of the Foundation's financial | 11 | | statements performed by an independent auditor; | 12 | | (2) the most recent Form 990 federal tax return | 13 | | filed by the Foundation with the Internal Revenue | 14 | | Service; and | 15 | | (3) an annual report including income and | 16 | | expenditures of funds raised as a result of the | 17 | | Foundation's operation, directly or through | 18 | | subcontractors, for food service, catering service, | 19 | | and retail activities at the Abraham Lincoln | 20 | | Presidential Library and Museum; and | 21 | | (c) the establishment of a working group with 7 | 22 | | members, composed of 3 members of the Board and 3 members | 23 | | of the Board of Directors of the Foundation, with such | 24 | | members appointed by the respective chair of each board, | 25 | | together with the State Historian. The working group shall | 26 | | collaborate to advance the interests of the Agency and, as |
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| 1 | | an initial responsibility, shall develop an official | 2 | | mission statement for the Agency which shall be presented | 3 | | to the Board and the Board of Directors of the Foundation | 4 | | for adoption and which shall serve to align and guide the | 5 | | efforts of both the Agency and the Foundation. Except for | 6 | | the State Historian, ex officio members of either board | 7 | | are not eligible to be appointed as members of the working | 8 | | group. The working group shall meet at least once each | 9 | | quarter and shall be chaired by the State Historian. The | 10 | | Foundation shall provide staff support to the working | 11 | | group to maintain attendance and other necessary records | 12 | | of the working group. | 13 | | (Source: P.A. 100-120, eff. 8-18-17; 101-535, eff. 8-23-19.) | 14 | | (20 ILCS 3475/20)
| 15 | | Sec. 20. Composition of the Board. The Board of Trustees | 16 | | shall consist of 11 members to be appointed by the Governor, | 17 | | with the advice and consent of the Senate. The Board shall | 18 | | consist of members with the following qualifications: | 19 | | (1) One member shall have recognized knowledge and | 20 | | ability in matters related to business administration. | 21 | | (2) One member shall have recognized knowledge and | 22 | | ability in matters related to the history of Abraham | 23 | | Lincoln. | 24 | | (3) One member shall have recognized knowledge and | 25 | | ability in matters related to the history of Illinois. |
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| 1 | | (4) One member shall have recognized knowledge and | 2 | | ability in matters related to library and museum studies. | 3 | | (5) One member shall have recognized knowledge and | 4 | | ability in matters related to historic preservation. | 5 | | (6) One member shall have recognized knowledge and | 6 | | ability in matters related to cultural tourism. | 7 | | (7) One member shall have recognized knowledge and | 8 | | ability in matters related to conservation, digitization, | 9 | | and technological innovation. | 10 | | The initial terms of office shall be designated by the | 11 | | Governor as follows: one member to serve for a term of one | 12 | | year, 2 members to serve for a term of 2 years, 2 members to | 13 | | serve for a term of 3 years, 2 members to serve for a term of 4 | 14 | | years, 2 members to serve for a term of 5 years, and 2 members | 15 | | to serve for a term of 6 years. Thereafter, all appointments | 16 | | shall be for a term of 6 years. The Governor shall appoint one | 17 | | of the members to serve as chairperson at the pleasure of the | 18 | | Governor. | 19 | | The members of the Board shall serve without compensation | 20 | | but shall be entitled to reimbursement for all necessary | 21 | | expenses incurred in the performance of their official duties | 22 | | as members of the Board from funds appropriated for that | 23 | | purpose. | 24 | | To facilitate communication and cooperation between the | 25 | | Agency and the Abraham Lincoln Presidential Library | 26 | | Foundation, the Foundation CEO shall serve as a non-voting, ex |
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| 1 | | officio member of the Board.
| 2 | | (Source: P.A. 100-120, eff. 8-18-17; 100-863, eff. 8-14-18.) | 3 | | (20 ILCS 3475/30)
| 4 | | Sec. 30. Administration of the Agency. The Agency shall be | 5 | | under the supervision and direction of an Executive Director. | 6 | | The person serving on the effective date of this Act as Library | 7 | | Director, as defined in Section 33 of the Historic | 8 | | Preservation Act, shall become the inaugural Executive | 9 | | Director on the effective date of this Act and shall serve as | 10 | | Executive Director until the expiration of his then-current | 11 | | term as Library Director. Thereafter, the Board shall appoint | 12 | | the Executive Director with the advice and consent of the | 13 | | Senate. The Executive Director shall serve at the pleasure of | 14 | | the Board for a term of 4 years. The Executive Director shall, | 15 | | subject to applicable provisions of law, execute and discharge | 16 | | the powers and duties of the Agency. The Executive Director | 17 | | shall have hiring power and shall appoint (a) a Library | 18 | | Facilities Operations Director; and (b) a Director of the | 19 | | Library. The Executive Director shall appoint those other | 20 | | employees of the Agency as he or she deems appropriate and | 21 | | shall fix the compensation of the Library Facilities | 22 | | Operations Director, the Director of the Library and other | 23 | | employees. The Executive Director may make provision to | 24 | | establish and collect admission and registration fees, operate | 25 | | a gift shop, and publish and sell educational and |
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| 1 | | informational materials.
| 2 | | (Source: P.A. 100-120, eff. 8-18-17; 100-695, eff. 8-3-18.) | 3 | | (20 ILCS 3475/35)
| 4 | | Sec. 35. Exchange State Historian; exchange historical | 5 | | records. The Agency State Historian shall make all necessary | 6 | | rules, regulations, and bylaws not inconsistent with law to | 7 | | carry into effect the purposes of this Act and to procure from | 8 | | time to time as may be possible and practicable, at reasonable | 9 | | costs, all books, pamphlets, manuscripts, monographs, | 10 | | writings, and other material of historical interest and useful | 11 | | to the Agency historian bearing upon the political, physical, | 12 | | religious, or social history of the State of Illinois from the | 13 | | earliest known period of time. The Agency State Historian may, | 14 | | with the consent of the Board, exchange any books, pamphlets, | 15 | | manuscripts, records, or other materials which such library | 16 | | may acquire that are of no historical interest or for any | 17 | | reason are of no value to it, with any other library, school or | 18 | | historical society. The Agency State Historian shall | 19 | | distribute volumes of the series known as the Illinois | 20 | | Historical Collections now in print, and to be printed, to all | 21 | | who may apply for same and who pay to the Library and Museum | 22 | | for such volumes an amount fixed by the Agency State Historian | 23 | | sufficient to cover the expenses of printing and distribution | 24 | | of each volume received by such applicants. However, the | 25 | | Agency State Historian shall have authority to furnish 25 of |
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| 1 | | each of the volumes of the Illinois Historical Collections, | 2 | | free of charge, to each of the authors and editors of the | 3 | | Collections or parts thereof; to furnish , as in his or her | 4 | | discretion he or she deems necessary or desirable, a | 5 | | reasonable number of each of the volumes of the Collections | 6 | | without charge to archives, libraries, and similar | 7 | | institutions from which material has been drawn or assistance | 8 | | has been given in the preparation of such Collections, and to | 9 | | the officials thereof; and to furnish, as in his or her | 10 | | discretion he or she deems necessary or desirable, a | 11 | | reasonable number of each of the volumes of the Collections | 12 | | without charge to the University of Illinois Library and to | 13 | | instructors and officials of that University, and to public | 14 | | libraries in the State of Illinois. The Agency State Historian | 15 | | may, with the consent of the Board, also make exchanges of the | 16 | | Historical Collections with any other library, school or | 17 | | historical society, and distribute volumes of the Collections | 18 | | for review purposes.
| 19 | | (Source: P.A. 100-120, eff. 8-18-17.) | 20 | | (20 ILCS 3475/40)
| 21 | | Sec. 40. Illinois State Historian; appointment. | 22 | | (a) The Governor, in consultation with Executive Director, | 23 | | with the advice and consent of the Board and the Illinois | 24 | | Historical Society , shall appoint the Illinois State | 25 | | Historian , who shall provide historical expertise, support, |
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| 1 | | and service on civic engagement to educators and | 2 | | not-for-profit educational groups, including historical | 3 | | societies. The State Historian is the State's leading | 4 | | authority on the history of Illinois .
| 5 | | (b) The Illinois State Historian shall be appointed based | 6 | | on the recommendation from the Abraham Lincoln Presidential | 7 | | Library and Museum Board of Trustees who shall consult the | 8 | | Illinois State Historical Society. The Board in consultation | 9 | | with the Illinois State Historical Society shall develop | 10 | | qualifications for the Illinois State Historian to be approved | 11 | | by the Board no later than 120 days after the enactment of this | 12 | | amendatory Act of the 102nd General Assembly. | 13 | | (c) Qualifications for the Illinois State Historian must | 14 | | include expertise in the history of at least one | 15 | | underrepresented minority group in this State, including, but | 16 | | not limited to: African-American history; Native American | 17 | | history; Latinx history; Asian-American history; and LGBTQIA | 18 | | history. | 19 | | (d) An individual designated as the Illinois State | 20 | | Historian retains the designation for 2 years from the date of | 21 | | appointment and the term is renewable only by the Governor's | 22 | | appointment for one additional consecutive 2-year term. | 23 | | (Source: P.A. 100-120, eff. 8-18-17.) | 24 | | (20 ILCS 3475/45)
| 25 | | Sec. 45. Historical records State Historian; historical |
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| 1 | | records . The Library Services Director in consultation with | 2 | | historian staff at the Agency State Historian shall establish | 3 | | and supervise a program within the Agency designed to preserve | 4 | | as historical records selected past editions of newspapers of | 5 | | this State. Such editions and other materials shall be | 6 | | preserved in accordance with industry standards and shall be | 7 | | stored in a place provided by the Agency . The negatives of | 8 | | microphotographs and other materials shall be stored in a | 9 | | place provided by the Agency. | 10 | | The Library Services Director in consultation with | 11 | | historian staff at the Agency State Historian shall determine | 12 | | on the basis of historical value the
various newspaper edition | 13 | | files which shall be preserved and shall
arrange a schedule | 14 | | for such preservation. The Library Services Director State | 15 | | Historian shall
supervise the making of arrangements for | 16 | | acquiring access to past edition
files and copyright | 17 | | permissions with the editors or publishers of the various | 18 | | newspapers.
| 19 | | The method of microphotography to be employed in this | 20 | | program shall
conform to the standards established pursuant to | 21 | | Section 17 of the State
Records Act. | 22 | | Upon payment to the Agency of the required fee, any person | 23 | | or organization shall be granted access to the preserved | 24 | | editions of supplied with any prints requested to be made from | 25 | | the newspapers and all records. The fee schedule shall be | 26 | | determined and approved by the Board annually required shall |
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| 1 | | be determined by the State Historian and shall be equal in | 2 | | amount to the costs incurred by the Agency in granting such | 3 | | access supplying the requested prints.
| 4 | | (Source: P.A. 100-120, eff. 8-18-17.) | 5 | | (20 ILCS 5030/Act rep.) | 6 | | Section 20. The Illinois Sesquicentennial of the American | 7 | | Civil War Commission Act is repealed. | 8 | | Section 25. The Local Historian Act is amended by changing | 9 | | Section 2 as follows:
| 10 | | (50 ILCS 130/2) (from Ch. 85, par. 5702)
| 11 | | Sec. 2.
Each local historian in cooperation with the State | 12 | | Historian
shall collect and preserve material
relating to the | 13 | | history of the political subdivision for which he was
| 14 | | appointed and shall maintain such material in fireproof safes | 15 | | or vaults
or other fireproof areas
within the offices of the | 16 | | political subdivision. The local historian shall
inquire into | 17 | | the maintenance, classification and safety from fire of public
| 18 | | records and shall recommend to the governing body any actions | 19 | | necessary for
their better preservation and any materials of | 20 | | historic value which the
political subdivision should acquire.
| 21 | | The local historian may cooperate with any individual or | 22 | | any public or
private civic, patriotic or historic group or | 23 | | association and participate
in the organized efforts of such |
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| 1 | | individuals, groups and associations for
the preparation and | 2 | | publication of local histories, records and reports,
the | 3 | | collection and preservation of local historic artifacts, the
| 4 | | restoration and preservation of local historic edifices, the | 5 | | erection of
local historic monuments and markers and the | 6 | | recording and documentation of
current events of local | 7 | | historic interest or significance.
| 8 | | Each local historian shall annually report to the | 9 | | governing body
upon his activities and recommendations.
| 10 | | An annual report shall also be sent to the Abraham Lincoln | 11 | | Presidential Library and Museum State Historian .
| 12 | | (Source: P.A. 84-736.)
| 13 | | Section 30. The Local Records Act is amended by changing | 14 | | Section 6 as follows:
| 15 | | (50 ILCS 205/6) (from Ch. 116, par. 43.106)
| 16 | | Sec. 6.
For those agencies comprising counties of | 17 | | 3,000,000 or more
inhabitants or located in or coterminous | 18 | | with any such county or a
majority of whose inhabitants reside | 19 | | in any such county, this Act shall be
administered by a Local | 20 | | Records Commission consisting of the president of
the county | 21 | | board of the county wherein the records are kept, the mayor of
| 22 | | the most populous city in such county, the State's attorney of | 23 | | such county,
the County comptroller, the State archivist, and | 24 | | the Executive Director of the Abraham Lincoln Presidential |
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| 1 | | Library and Museum State historian . The
president of the | 2 | | county board shall be the chairman of the Commission.
| 3 | | For all other agencies, this Act shall be administered by | 4 | | a Local
Records Commission consisting of a chairman of a | 5 | | county board, who shall be
chairman of the Commission, a mayor | 6 | | or president of a city, village or
incorporated town, a county | 7 | | auditor, and a State's attorney, all of whom
shall be | 8 | | appointed by the Governor, the State archivist, and the | 9 | | Executive Director of the Abraham Lincoln Presidential Library | 10 | | and Museum State
historian .
| 11 | | A member of either Commission may designate a substitute.
| 12 | | Either Commission may employ such technical, professional | 13 | | and clerical
assistants as are necessary.
| 14 | | Either Commission shall meet upon call of its chairman.
| 15 | | (Source: P.A. 100-201, eff. 8-18-17.)".
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