Sen. Kimberly A. Lightford

Filed: 10/20/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 302 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The State Records Act is amended by changing
5Sections 16 and 22a as follows:
6    (5 ILCS 160/16)  (from Ch. 116, par. 43.19)
7    Sec. 16. There is created the State Records Commission.
8The Commission shall consist of the following State officials
9or their authorized representatives: the Secretary of State,
10who shall act as chairman; the Executive Director of the
11Abraham Lincoln Presidential Library and Museum the State
12Historian, who shall serve as secretary; the State Treasurer;
13the Director of Central Management Services; the Attorney
14General; and the State Comptroller. The Commission shall meet
15whenever called by the chairman, who shall have no vote on
16matters considered by the Commission. It shall be the duty of



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1the Commission to determine what records no longer have any
2administrative, fiscal, legal, research, or historical value
3and should be destroyed or disposed of otherwise. The
4Commission may make recommendations to the Secretary of State
5concerning policies, guidelines, and best practices for
6addressing electronic records management issues as authorized
7under 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
11Advisory Board consisting of 12 voting members and 2 nonvoting
13    The voting members shall be appointed by the Secretary of
14State as follows: A member of the State Records Commission, a
15member of a Local Records Commission, a member of a local
16historical society or museum, a university archivist, a person
17in the field of education specializing in either history or
18political science, a genealogist, a research or reference
19librarian, a person who is employed or engaged as an archivist
20by a business establishment and 4 public members.
21    The nonvoting members shall be the Director of the State
22Library and the Executive Director of the Abraham Lincoln
23Presidential Library and Museum State Historian who shall
24serve ex-officio.
25    Four of the initial appointees shall serve a 1-year term;



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1four shall serve 2-year terms; and the remaining 4 shall serve
23-year terms. The terms of the initial appointees shall be
3specified by the Secretary of State at the time of
4appointments. Subsequent to the initial appointments all
5members shall hold office for a period of 3 years. Vacancies
6shall be filled by appointment of the Secretary of State for
7the unexpired balance of the term. No person shall serve for
8more than 2 consecutive 3-year terms.
9    The State Archives Advisory Board shall elect from its own
10members one chairman and one vice chairman.
11    The members appointed to the Board shall serve without
12compensation but shall be reimbursed for necessary expenses
13incurred 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
18Museum Act is amended by changing Sections 15, 20, 30, 35, 40,
19and 45 and by adding Section 3 as follows:
20    (20 ILCS 3475/3 new)
21    Sec. 3. Executive Order superseded. Executive Order No.
222017-1 created the Abraham Lincoln Presidential Library and
23Museum as a State agency under the jurisdiction of the



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1Governor. This Act is the implementation of that Executive
2Order. To the extent that there is a conflict between the
3provisions of the Executive Order and this Act, this Act
4supersedes 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
7Abraham Lincoln Presidential Library and Museum to set policy
8and advise the Abraham Lincoln Presidential Library and Museum
9and the Executive Director on programs related to the Abraham
10Lincoln Presidential Library and Museum and to exercise the
11powers and duties given to it under Section 25 of this Act. The
12Abraham Lincoln Presidential Library and Museum and the
13Abraham Lincoln Presidential Library Foundation shall mutually
14cooperate to maximize resources available to the Abraham
15Lincoln Presidential Library and Museum and to support,
16sustain, and provide educational programs and collections at
17the Abraham Lincoln Presidential Library and Museum. Any
18membership fees collected by the Abraham Lincoln Presidential
19Library Foundation may be used to support the Abraham Lincoln
20Presidential Library and Museum programs or collections at the
21Foundation's discretion.
22    The terms of the mutual cooperation shall be set forth in a
23memorandum of understanding or similar written document for an
24agreed-upon term concluding on December 31st of a particular
25year 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
16shall consist of 11 members to be appointed by the Governor,
17with the advice and consent of the Senate. The Board shall
18consist 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
11Governor as follows: one member to serve for a term of one
12year, 2 members to serve for a term of 2 years, 2 members to
13serve for a term of 3 years, 2 members to serve for a term of 4
14years, 2 members to serve for a term of 5 years, and 2 members
15to serve for a term of 6 years. Thereafter, all appointments
16shall be for a term of 6 years. The Governor shall appoint one
17of the members to serve as chairperson at the pleasure of the
19    The members of the Board shall serve without compensation
20but shall be entitled to reimbursement for all necessary
21expenses incurred in the performance of their official duties
22as members of the Board from funds appropriated for that
24    To facilitate communication and cooperation between the
25Agency and the Abraham Lincoln Presidential Library
26Foundation, the Foundation CEO shall serve as a non-voting, ex



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1officio 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
5under the supervision and direction of an Executive Director.
6The person serving on the effective date of this Act as Library
7Director, as defined in Section 33 of the Historic
8Preservation Act, shall become the inaugural Executive
9Director on the effective date of this Act and shall serve as
10Executive Director until the expiration of his then-current
11term as Library Director. Thereafter, the Board shall appoint
12the Executive Director with the advice and consent of the
13Senate. The Executive Director shall serve at the pleasure of
14the Board for a term of 4 years. The Executive Director shall,
15subject to applicable provisions of law, execute and discharge
16the powers and duties of the Agency. The Executive Director
17shall have hiring power and shall appoint (a) a Library
18Facilities Operations Director; and (b) a Director of the
19Library. The Executive Director shall appoint those other
20employees of the Agency as he or she deems appropriate and
21shall fix the compensation of the Library Facilities
22Operations Director, the Director of the Library and other
23employees. The Executive Director may make provision to
24establish and collect admission and registration fees, operate
25a gift shop, and publish and sell educational and



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1informational 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
5records. The Agency State Historian shall make all necessary
6rules, regulations, and bylaws not inconsistent with law to
7carry into effect the purposes of this Act and to procure from
8time to time as may be possible and practicable, at reasonable
9costs, all books, pamphlets, manuscripts, monographs,
10writings, and other material of historical interest and useful
11to the Agency historian bearing upon the political, physical,
12religious, or social history of the State of Illinois from the
13earliest known period of time. The Agency State Historian may,
14with the consent of the Board, exchange any books, pamphlets,
15manuscripts, records, or other materials which such library
16may acquire that are of no historical interest or for any
17reason are of no value to it, with any other library, school or
18historical society. The Agency State Historian shall
19distribute volumes of the series known as the Illinois
20Historical Collections now in print, and to be printed, to all
21who may apply for same and who pay to the Library and Museum
22for such volumes an amount fixed by the Agency State Historian
23sufficient to cover the expenses of printing and distribution
24of each volume received by such applicants. However, the
25Agency State Historian shall have authority to furnish 25 of



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1each of the volumes of the Illinois Historical Collections,
2free of charge, to each of the authors and editors of the
3Collections or parts thereof; to furnish, as in his or her
4discretion he or she deems necessary or desirable, a
5reasonable number of each of the volumes of the Collections
6without charge to archives, libraries, and similar
7institutions from which material has been drawn or assistance
8has been given in the preparation of such Collections, and to
9the officials thereof; and to furnish, as in his or her
10discretion he or she deems necessary or desirable, a
11reasonable number of each of the volumes of the Collections
12without charge to the University of Illinois Library and to
13instructors and officials of that University, and to public
14libraries in the State of Illinois. The Agency State Historian
15may, with the consent of the Board, also make exchanges of the
16Historical Collections with any other library, school or
17historical society, and distribute volumes of the Collections
18for 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,
23with the advice and consent of the Board and the Illinois
24Historical Society, shall appoint the Illinois State
25Historian, who shall provide historical expertise, support,



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1and service on civic engagement to educators and
2not-for-profit educational groups, including historical
3societies. The State Historian is the State's leading
4authority on the history of Illinois.
5    (b) The Illinois State Historian shall be appointed based
6on the recommendation from the Abraham Lincoln Presidential
7Library and Museum Board of Trustees who shall consult the
8Illinois State Historical Society. The Board in consultation
9with the Illinois State Historical Society shall develop
10qualifications for the Illinois State Historian to be approved
11by the Board no later than 120 days after the enactment of this
12amendatory Act of the 102nd General Assembly.
13    (c) Qualifications for the Illinois State Historian must
14include expertise in the history of at least one
15underrepresented minority group in this State, including, but
16not limited to: African-American history; Native American
17history; Latinx history; Asian-American history; and LGBTQIA
19    (d) An individual designated as the Illinois State
20Historian retains the designation for 2 years from the date of
21appointment and the term is renewable only by the Governor's
22appointment 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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1records. The Library Services Director in consultation with
2historian staff at the Agency State Historian shall establish
3and supervise a program within the Agency designed to preserve
4as historical records selected past editions of newspapers of
5this State. Such editions and other materials shall be
6preserved in accordance with industry standards and shall be
7stored in a place provided by the Agency. The negatives of
8microphotographs and other materials shall be stored in a
9place provided by the Agency.
10    The Library Services Director in consultation with
11historian staff at the Agency State Historian shall determine
12on the basis of historical value the various newspaper edition
13files which shall be preserved and shall arrange a schedule
14for such preservation. The Library Services Director State
15Historian shall supervise the making of arrangements for
16acquiring access to past edition files and copyright
17permissions with the editors or publishers of the various
19    The method of microphotography to be employed in this
20program shall conform to the standards established pursuant to
21Section 17 of the State Records Act.
22    Upon payment to the Agency of the required fee, any person
23or organization shall be granted access to the preserved
24editions of supplied with any prints requested to be made from
25the newspapers and all records. The fee schedule shall be
26determined and approved by the Board annually required shall



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1be determined by the State Historian and shall be equal in
2amount to the costs incurred by the Agency in granting such
3access 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
7Civil War Commission Act is repealed.
8    Section 25. The Local Historian Act is amended by changing
9Section 2 as follows:
10    (50 ILCS 130/2)  (from Ch. 85, par. 5702)
11    Sec. 2. Each local historian in cooperation with the State
12Historian shall collect and preserve material relating to the
13history of the political subdivision for which he was
14appointed and shall maintain such material in fireproof safes
15or vaults or other fireproof areas within the offices of the
16political subdivision. The local historian shall inquire into
17the maintenance, classification and safety from fire of public
18records and shall recommend to the governing body any actions
19necessary for their better preservation and any materials of
20historic value which the political subdivision should acquire.
21    The local historian may cooperate with any individual or
22any public or private civic, patriotic or historic group or
23association and participate in the organized efforts of such



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1individuals, groups and associations for the preparation and
2publication of local histories, records and reports, the
3collection and preservation of local historic artifacts, the
4restoration and preservation of local historic edifices, the
5erection of local historic monuments and markers and the
6recording and documentation of current events of local
7historic interest or significance.
8    Each local historian shall annually report to the
9governing body upon his activities and recommendations.
10    An annual report shall also be sent to the Abraham Lincoln
11Presidential Library and Museum State Historian.
12(Source: P.A. 84-736.)
13    Section 30. The Local Records Act is amended by changing
14Section 6 as follows:
15    (50 ILCS 205/6)  (from Ch. 116, par. 43.106)
16    Sec. 6. For those agencies comprising counties of
173,000,000 or more inhabitants or located in or coterminous
18with any such county or a majority of whose inhabitants reside
19in any such county, this Act shall be administered by a Local
20Records Commission consisting of the president of the county
21board of the county wherein the records are kept, the mayor of
22the most populous city in such county, the State's attorney of
23such county, the County comptroller, the State archivist, and
24the Executive Director of the Abraham Lincoln Presidential



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1Library and Museum State historian. The president of the
2county board shall be the chairman of the Commission.
3    For all other agencies, this Act shall be administered by
4a Local Records Commission consisting of a chairman of a
5county board, who shall be chairman of the Commission, a mayor
6or president of a city, village or incorporated town, a county
7auditor, and a State's attorney, all of whom shall be
8appointed by the Governor, the State archivist, and the
9Executive Director of the Abraham Lincoln Presidential Library
10and Museum State historian.
11    A member of either Commission may designate a substitute.
12    Either Commission may employ such technical, professional
13and 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.)".