State of Illinois
92nd General Assembly
Legislation

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92_SB2130ham001

 










                                           LRB9216105JMmbam12

 1                    AMENDMENT TO SENATE BILL 2130

 2        AMENDMENT NO.     .  Amend Senate Bill 2130 by  replacing
 3    the title with the following:

 4        "AN ACT in relation to State government."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7                             "ARTICLE 5

 8        Section 5-1. Short title. This Article may  be  cited  as
 9    the Illinois Medassist Law of 2002.

10        Section 5-5. Declaration and Purpose.
11        (a)  The General Assembly hereby declares that the rising
12    cost  of  prescription  medications has imposed a significant
13    hardship on individuals on limited  budgets  who  possess  no
14    insurance  coverage for such drugs. As a consequence thereof,
15    a serious public health concern in the State of Illinois  has
16    resulted. It is the public policy of the State of Illinois to
17    assist  persons  in  need of prescription medications for the
18    maintenance or restoration of their health.
19        (b)  The purpose of  this  Law  is  to  award  grants  to
20    organizations  for  the  purpose  of assisting individuals in
 
                            -2-            LRB9216105JMmbam12
 1    accessing free and discount prescription programs offered  by
 2    pharmaceutical manufacturers and others; to explore, develop,
 3    and  implement  innovative  strategies  for  the  purpose  of
 4    managing  the  rising  costs  of prescription medications and
 5    increasing access to prescription medications by  individuals
 6    with  an  inability  to pay for them; and to compile data and
 7    information regarding the costs of  prescription  medications
 8    and matters incidental thereto.

 9        Section  5-10.  Illinois  Medassist  Authority.  There is
10    hereby created the Illinois  Medassist  Authority  (hereafter
11    "Authority"),  which  shall be chaired by the Comptroller and
12    in addition thereto  shall  also  include:  the  Director  of
13    Public  Aid (or his or her designee); the Director of Revenue
14    (or his or her designee); and 4 public members  appointed  by
15    the  Comptroller.  Appointed members shall serve 3-year terms
16    and may be reappointed for an unlimited number of terms.

17        Section 5-15. Responsibilities of the Authority.
18        (a)  The responsibilities of the Authority shall include,
19    but not be limited to:
20             (1)  Coordinating   and   promoting   services    of
21        organizations   statewide   that  assist  individuals  in
22        accessing    prescription    medications    offered    by
23        pharmaceutical  manufacturers  for  free  or  at  reduced
24        prices in order to ensure that citizens in all  parts  of
25        the state have access to prescription drugs;
26             (2)  Seeking   and   receiving  funds  that  may  be
27        available   from   private   and   public   sources   for
28        prescription medication assistance;
29             (3)  Awarding   grants,   pursuant   to    available
30        appropriations  and  other funds received for purposes of
31        this Law, to community or statewide organizations for the
32        purpose of assisting individuals in  accessing  free  and
 
                            -3-            LRB9216105JMmbam12
 1        discount  prescription programs offered by pharmaceutical
 2        manufacturers and others;
 3             (4)  Providing technical assistance and training  to
 4        help building the capacity of communities, organizations,
 5        and   systems   to   develop,   implement,  and  evaluate
 6        prescription medication assistance programs; and
 7             (5)  Notifying the public  of  programs  that  offer
 8        assistance    to    qualified   individuals   to   obtain
 9        prescription medications for free or at reduced prices.
10        (b)  The Authority may use a reasonable amount  of  funds
11    from   the   Medassist   Fund   for   costs  associated  with
12    administering this Law, and may, by Chairperson designated in
13    Section 5-10, appoint an Executive Director or contract  with
14    a   not-for-profit   or   other   agency   for   any  or  all
15    administrative functions related to this Act.

16        Section 5-20. Medassist Fund. There is hereby established
17    the Medassist Fund in the State  Treasury  into  which  funds
18    received from private, state, or federal sources specifically
19    for  prescription medication assistance may be deposited, and
20    from which  funds  shall  be  appropriated  to  the  Illinois
21    Medassist Authority.

22        Section  5-905.   The  State  Finance  Act  is amended by
23    adding Section 5.570 as follows:

24        (30 ILCS 105/5.570 new)
25        Sec. 5.570.  The Medassist Fund.

26                             ARTICLE 10

27        Section 10-1. Short title. This Article may be  cited  as
28    the State Receiver Law.
 
                            -4-            LRB9216105JMmbam12
 1        Section  10-5. Office of State Receiver. There is created
 2    in the executive department of State government an Office  of
 3    State Receiver. The Office of the State Receiver shall act as
 4    receiver  when  appointed by the court in accordance with the
 5    Cemetery Care Act, the Illinois Pre-Need Cemetery Sales  Act,
 6    and the Illinois Funeral or Burial Funds Act.

 7        Section  10-10.  State  Receiver. The Office of the State
 8    Receiver shall be supervised by the State Receiver. The State
 9    Receiver shall be appointed by the Comptroller, by  and  with
10    the  advice and consent of the Senate, and shall serve at the
11    pleasure of the Comptroller. The nominee for  State  Receiver
12    shall  be  knowledgeable in the funeral and cemetery industry
13    or in the operations of receiverships and have knowledge  and
14    familiarity  with  the  Illinois Pre-Need Cemetery Sales Act,
15    the Cemetery Care Act, and the  Illinois  Funeral  or  Burial
16    Funds Act.
17        Any  nomination  not  acted  upon by the Senate within 60
18    session days after the receipt thereof  shall  be  deemed  to
19    have received the advice and consent of the Senate.
20        If,  during a recess of the Senate, there is a vacancy in
21    the Office of State Receiver filled  by  appointment  by  the
22    Comptroller by and with the advice and consent of the Senate,
23    the  Comptroller shall make a temporary appointment until the
24    next meeting of the Senate, when  he  or  she  shall  make  a
25    nomination to fill the office.
26        No  person rejected by the Senate for the Office of State
27    Receiver shall, except at the Senate's request, be  nominated
28    again  for that office at the same session or be appointed to
29    that office during a recess of that Senate.

30        Section 10-15. Powers of the State Receiver.
31        (a)  The State Receiver shall  exercise  the  powers,  as
32    authorized by the court, that are reasonable and necessary to
 
                            -5-            LRB9216105JMmbam12
 1    fulfill the responsibilities of a receiver appointed pursuant
 2    to  the  Cemetery  Care  Act,  the Illinois Funeral or Burial
 3    Funds Act, and the Illinois Pre-Need Cemetery Sales Act.
 4        (b)  The powers of the State Receiver  include,  but  are
 5    not limited to, the ability to:
 6             (1)  enter  into  contracts  for  the procurement of
 7        real or personal property and goods and services  related
 8        to the operation of the Office of State Receiver; and
 9             (2)  employ  administrative, professional, clerical,
10        and other personnel as may be necessary to accomplish his
11        or her responsibilities related to the operation  of  the
12        Office of State Receiver under this Law.
13        The State Receiver and any employees of the Office of the
14    State  Receiver  shall  be considered State employees for all
15    purposes, including  participation  in  the  State  Employees
16    Retirement System.
17        (c)  The  State  Receiver  shall  be  represented  by the
18    Attorney General. The State Receiver, however, in his or  her
19    capacity  as  receiver appointed by the court, may retain his
20    or her own attorney  for  administration  of  a  receivership
21    estate.
22        (d)  The  State Receiver may receive, expend, and account
23    for such funds of the  State  of  Illinois  as  may  be  made
24    available to further the purposes of this Law.
25        (e)  The State Receiver shall work diligently to conclude
26    the receivership.
27        (f)  The  State Receiver, in his or her administration of
28    a receivership estate, shall  endeavor  to  charge  consumers
29    market  rates  for  any  goods  or services sold or provided,
30    including making any required  deposits  under  the  Illinois
31    Pre-Need  Cemetery  Sales Act, the Cemetery Care Act, and the
32    Illinois Funeral or Burial Funds Act.

33        Section 10-20. Annual audit of the Office  of  the  State
 
                            -6-            LRB9216105JMmbam12
 1    Receiver.  The  State  Receiver  shall  cause an audit of the
 2    affairs of the Office  of  the  State  Receiver  to  be  made
 3    annually  by  an  independent certified public accountant and
 4    submit a copy thereof to  the  Comptroller  and  the  Auditor
 5    General  of  the  State  as soon as possible after the end of
 6    each fiscal year.  In  addition,  the  Office  of  the  State
 7    Receiver  is  subject  to  audit  by  the  Auditor General as
 8    provided in the Illinois State Auditing Act.

 9        Section 10-25. Oath of office. The State  Receiver  shall
10    take  an  oath of office before a notary public of this State
11    and shall qualify as a  receiver  upon  presentation  to  the
12    Comptroller  of  a  certified copy of the oath. The oath must
13    state that the person will diligently and honestly administer
14    the affairs of the Office of the State Receiver and will  not
15    knowingly  violate  or  willfully  permit  to be violated any
16    provisions of this Law.

17        Section 10-30. State Receiver Fund.  The  State  Receiver
18    Fund  is  created  as  a  special fund in the State Treasury.
19    Moneys in the State Receiver Fund shall be used,  subject  to
20    appropriation,  for  payments for the ordinary and contingent
21    expenses of the  Office  of  the  State  Receiver  and  other
22    expenses  in  fulfilling  the duties as required in this Law.
23    Moneys received by  the  Office  of  the  State  Receiver  in
24    repayment  of  expenses  incurred  under  this  Law  shall be
25    deposited into the State Receiver Fund.

26        Section 10-35. Compensation; fees.
27        (a)  The  State  Receiver  shall  receive  a  salary   as
28    determined  by  the  Comptroller.  The  salary  of  the State
29    Receiver, together with the salaries of any employees of  the
30    Office  of  the  State  Receiver,  shall  be paid, subject to
31    appropriation, from the State Receiver Fund.
 
                            -7-            LRB9216105JMmbam12
 1        (b)  The Office of the  State  Receiver  may  charge  the
 2    receivership   estate  reasonable  fees  for  administrative,
 3    professional, clerical, or other personnel  retained  by  the
 4    State Receiver and all other expenses of taking possession of
 5    the   receivership  estate  and  the  administration  of  the
 6    receivership  estate,  including  reasonable  receiver's  and
 7    attorney's fees.
 8        (c)  As  approved  by  the  court,  reasonable  fees  for
 9    administrative, professional, clerical,  or  other  personnel
10    retained  by  the  State  Receiver, and all other expenses of
11    taking  possession  of  the  receivership  estate   and   the
12    administration   of   the   receivership   estate,  including
13    reasonable receiver's and attorney's fees, shall be paid  (i)
14    out  of  the  funds  or  assets of the receivership estate on
15    whose behalf the compensation,  payments,  or  expenses  were
16    incurred   or  (ii)  in  the  event  that  the  compensation,
17    payments, or expenses were, in  the  judgment  of  the  State
18    Receiver,  incurred  in  behalf  of  2  or  more receivership
19    estates, out of the assets of those receivership  estates  on
20    the  basis  of  allocation  methods  established by the State
21    Receiver.
22        Notwithstanding  the   foregoing,   the   fees   of   the
23    administrative,  professional,  clerical,  or  other  persons
24    retained  by  the  State  Receiver, and the other expenses of
25    taking  possession  of  and   the   administration   of   the
26    receivership  estate,  may be paid, subject to appropriation,
27    from the State Receiver Fund. Subject to the approval of  the
28    court  before  which the receivership is pending, any amounts
29    paid under this paragraph from appropriated  funds  shall  be
30    repaid  to the State Receiver Fund in the State treasury from
31    any available funds or assets of the receivership  estate  on
32    whose  behalf  the  expenses  were incurred. Repayment of the
33    amounts  may  be  waived,  however,  if  the  State  Receiver
34    determines waiver is in the public interest.
 
                            -8-            LRB9216105JMmbam12
 1        Section 10-905. The  State  Finance  Act  is  amended  by
 2    adding Section 5.571 as follows:

 3        (30 ILCS 105/5.571 new)
 4        Sec. 5.571. The State Receiver Fund.

 5                             ARTICLE 15

 6        Section  15-2.  The  Illinois Promotion Act is amended by
 7    changing Section 4b as follows:

 8        (20 ILCS 665/4b)
 9        Sec. 4b.  Coordinating Committee.   There  is  created  a
10    Coordinating   Committee  of  State  agencies  involved  with
11    tourism in the  State  of  Illinois.    The  Committee  shall
12    consist  of the Director of Commerce and Community Affairs as
13    chairman,  the  Lieutenant   Governor,   the   Secretary   of
14    Transportation or his or her designee, and the head executive
15    officer  or his or her designee of the following: the Lincoln
16    Presidential  Library  Historic  Preservation   Agency;   the
17    Department   of   Natural   Resources;   the   Department  of
18    Agriculture;  the  Illinois  Arts   Council;   the   Illinois
19    Community  College  Board; the Board of Higher Education; and
20    the Grape and Wine Resources Council.   The  Committee  shall
21    also  include 4 members of the Illinois General Assembly, one
22    of whom shall be  named  by  the  Speaker  of  the  House  of
23    Representatives,  one  of whom shall be named by the Minority
24    Leader of the House of Representatives, one of whom who shall
25    be named by the President of the  Senate,  and  one  of  whom
26    shall  be  named  by  the Minority Leader of the Senate.  The
27    Committee shall meet at least quarterly and at other times as
28    called by the chair.   The  Committee  shall  coordinate  the
29    promotion  and  development  of tourism activities throughout
30    State government.
 
                            -9-            LRB9216105JMmbam12
 1    (Source: P.A. 91-473, eff. 1-1-00.)

 2        Section 15-4.  The Military Code of Illinois  is  amended
 3    by changing Section 25.5 as follows:

 4        (20 ILCS 1805/25.5)
 5        (Section scheduled to be repealed on January 1, 2003)
 6        Sec. 25.5.  Illinois Military Flags Commission.
 7        (a)  The    Illinois   Military   Flags   Commission   is
 8    established for the purpose of assisting the Adjutant General
 9    with his or her responsibilities under  Section  25  of  this
10    Code.   The  Commission  shall advise the Adjutant General on
11    how to best collect, preserve, and present or display to  the
12    public  the  colors, flags, guidons, and military trophies of
13    war  belonging  to  the  State  in   order   to   disseminate
14    information  relating to the history of the Illinois National
15    Guard.
16        (b)  The Commission consists of 15 members: the  Adjutant
17    General,  the  Director  of  the Lincoln Presidential Library
18    State Historian, the Director of the Illinois  State  Museum,
19    and  the Director of the Historic Preservation Agency, all ex
20    officio; 4 members of the General Assembly, one of whom shall
21    be appointed by the President  of  the  Senate,  one  by  the
22    Minority  Leader  of  the  Senate,  one by the Speaker of the
23    House of Representatives, and one by the Minority  Leader  of
24    the  House  of  Representatives; and 7 residents of the State
25    appointed by the Governor. When  appointing  members  to  the
26    Commission,  the Governor must endeavor to appoint persons in
27    a manner to maintain as regionally diverse  a  membership  as
28    possible.  Persons appointed to the Commission should provide
29    it  with  experience  in  areas  such as, but not limited to,
30    knowledge of military history, particularly of  the  American
31    Civil War, and the education of citizens.  Any vacancy in the
32    Commission  shall  be  filled  by  an appointment in the same
 
                            -10-           LRB9216105JMmbam12
 1    manner as the original appointment. Members of the Commission
 2    shall serve without compensation, but shall be reimbursed for
 3    their reasonable expenses  incurred  in  the  performance  of
 4    their duties.
 5        (c)  This Section is repealed on January 1, 2003.
 6    (Source: P.A. 91-813, eff. 6-13-00.)

 7        Section  15-5.  The  Historic  Preservation Agency Act is
 8    amended by changing Sections 2, 4, 5, 5.1, 6, 11, 12, 13, 14,
 9    15, 16, and 17, and by adding Sections 30, 31, 32, 33, and 34
10    as follows:

11        (20 ILCS 3405/2) (from Ch. 127, par. 2702)
12        Sec. 2.  For the purposes of this Act: (a) "Agency" means
13    the Historic Preservation Agency; (b) "Board" means the Board
14    of Trustees of the  Historic  Preservation  Agency;  and  (c)
15    "Director"   means   the   Director  of  Historic  Sites  and
16    Preservation; (d) "Advisory Board" means the  Advisory  Board
17    of  the Lincoln Presidential Library and Museum; (e) "Lincoln
18    Presidential Library" means the Abraham Lincoln  Presidential
19    Library and Museum; (f) "Library Director" means the Director
20    of  the Lincoln Presidential Library; and (g) "Historic Sites
21    and Preservation Division" means that part of the Agency that
22    is headed by the Director of Historic Sites and Preservation.
23    (Source: P.A. 84-25.)

24        (20 ILCS 3405/4) (from Ch. 127, par. 2704)
25        Sec. 4.  The Board shall be responsible for  setting  and
26    determining  policy for the Agency.  The Agency shall consist
27    of: (1) an Abraham Lincoln Presidential  Library  and  Museum
28    and  (2)  a Historic Sites and Preservation Division.  Except
29    as otherwise provided in this Act, any reference in any other
30    Act to the Historic Preservation Agency shall be deemed to be
31    a reference to the Historic Sites and  Preservation  Division
 
                            -11-           LRB9216105JMmbam12
 1    and  any  reference  to the Director of Historic Preservation
 2    shall be deemed to be a reference to the Director of Historic
 3    Sites and Preservation, unless the context clearly  indicates
 4    otherwise.  a Historical Library Division, which shall be the
 5    successor to the Illinois State Historical Library  and  such
 6    other Divisions as the Board shall designate.
 7        The  Board shall appoint a chief executive officer of the
 8    Agency who shall be known as the Director of  Historic  Sites
 9    and  Preservation.   The Director shall serve at the pleasure
10    of the Board.  The  Director  shall,  subject  to  applicable
11    provisions  of  law,  execute  the  powers  and discharge the
12    duties vested in the Historic Sites and Preservation Division
13    of the Agency by law and implement the policies  set  by  the
14    Board.    The  Director  shall  manage the Historic Sites and
15    Preservation Division Divisions of the Agency.  The Director,
16    with the concurrence of the  Board,  shall  appoint  Division
17    Chiefs  and  the  Deputy  Director  of the Historic Sites and
18    Preservation Division of the Agency. Subject  to  concurrence
19    by the Board, the Director shall appoint such other employees
20    of the Historic Sites and Preservation Division of the Agency
21    as he or she deems appropriate and shall fix the compensation
22    of  such  Division  Chiefs,  the  Deputy  Director  and other
23    employees.  The  Board  shall  appoint  the  Illinois   State
24    Historian,  who  shall provide historical expertise, support,
25    and service to all divisions  of  the  Historic  Preservation
26    Agency.   The  State  Historian  is  the State's authority on
27    Abraham Lincoln and the history of Illinois.
28    (Source: P.A. 84-25.)

29        (20 ILCS 3405/5) (from Ch. 127, par. 2705)
30        Sec. 5.  The rights, powers and duties vested by  law  in
31    the  State  Historical  Library  or  any  office, division or
32    bureau thereof by the Historical Sites Listing Act  following
33    named  Acts  and  all  rights,  powers, and duties incidental
 
                            -12-           LRB9216105JMmbam12
 1    thereto,  are  transferred  to   the   Historic   Sites   and
 2    Preservation Division of the Historic Preservation Agency. on
 3    the effective date of this Act:
 4        a.  "An Act to establish the Illinois Historical Library,
 5    and  to  provide  for  its  care and maintenance, and to make
 6    appropriations therefor", approved May 25, 1889, as amended.
 7        b.  "An Act to provide for  the  better  preservation  of
 8    official  documents  and  records  of  historical  interest",
 9    approved June 9, 1897, as amended.
10        c.   "An  Act  in  relation to the listing and marking of
11    State historic sites", approved August 4, 1971, as amended.
12    (Source: P.A. 84-25.)

13        (20 ILCS 3405/5.1) (from Ch. 127, par. 2705.1)
14        Sec. 5.1.  The powers, duties and  authority  granted  to
15    the  Department of Conservation pursuant to the provisions of
16    Section 63a21.2 of the Civil Administrative Code of  Illinois
17    (renumbered; now Section 805-315 of the Department of Natural
18    Resources (Conservation) Law, 20 ILCS 805/805-315) to offer a
19    cash  incentive  to  a  qualified bidder for the development,
20    construction and  supervision  of  a  concession  complex  at
21    Lincoln's  New  Salem  State  Park  are  transferred  to  the
22    Historic  Sites  and  Preservation  Division  of the Historic
23    Preservation Agency.
24    (Source: P.A. 91-239, eff. 1-1-00.)

25        (20 ILCS 3405/6) (from Ch. 127, par. 2706)
26        Sec.   6.    Jurisdiction.   The   Historic   Sites   and
27    Preservation Division of the Agency shall  have  jurisdiction
28    over   the   following   described  areas  which  are  hereby
29    designated as State  Historic  Sites,  State  Memorials,  and
30    Miscellaneous Properties:

31                        State Historic Sites
32        Bishop Hill State Historic Site, Henry County;
 
                            -13-           LRB9216105JMmbam12
 1        Black Hawk State Historic Site, Rock Island County;
 2        Bryant Cottage State Historic Site, Piatt County;
 3        Buel House, Pope County;
 4        Cahokia Courthouse State Historic Site, St. Clair County;
 5        Cahokia  Mounds  State  Historic Site, in Madison and St.
 6           Clair Counties (however,  the  Illinois  State  Museum
 7           shall  act  as  curator  of  artifacts pursuant to the
 8           provisions of the Archaeological  and  Paleontological
 9           Resources Protection Act);
10        Dana-Thomas House State Historic Site, Sangamon County;
11        David Davis Mansion State Historic Site, McLean County;
12        Douglas Tomb State Historic Site, Cook County;
13        Fort de Chartres State Historic Site, Randolph County;
14        Fort Kaskaskia State Historic Site, Randolph County;
15        Grand Village of the Illinois, LaSalle County;
16        U. S. Grant Home State Historic Site, Jo Daviess County;
17        Hotel Florence, Cook County;
18        Jarrot Mansion State Historic Site, St. Clair County;
19        Jubilee College State Historic Site, Peoria County;
20        Lincoln-Herndon Law Offices State Historic Site, Sangamon
21           County;
22        Lincoln Log Cabin State Historic Site, Coles County;
23        Lincoln's New Salem State Historic Site, Menard County;
24        Lincoln Tomb State Historic Site, Sangamon County;
25        Pierre Menard Home State Historic Site, Randolph County;
26        Pullman Factory, Cook County;
27        Metamora Courthouse State Historic Site, Woodford County;
28        Moore Home State Historic Site, Coles County;
29        Mount  Pulaski  Courthouse  State  Historic  Site,  Logan
30           County;
31        Old Market House State Historic Site, Jo Daviess County;
32        Old State Capitol State Historic Site, Sangamon County;
33        Postville Courthouse State Historic Site, Logan County;
34        Pullman Factory, Cook County;
 
                            -14-           LRB9216105JMmbam12
 1        Rose Hotel, Hardin County;
 2        Carl Sandburg State Historic Site, Knox County;
 3        Shawneetown Bank State Historic Site, Gallatin County;
 4        Vachel Lindsay Home, Sangamon County;
 5        Vandalia State House State Historic Site, Fayette County;
 6           and
 7        Washburne House State Historic Site, Jo Daviess County.

 8                           State Memorials
 9        Campbell's Island State Memorial, Rock Island County;
10        Governor Bond State Memorial, Randolph County;
11        Governor Coles State Memorial, Madison County;
12        Governor Horner State Memorial, Cook County;
13        Governor Small State Memorial, Kankakee County;
14        Illinois   Vietnam   Veterans  State  Memorial,  Sangamon
15           County;
16        Kaskaskia Bell State Memorial, Randolph County;
17        Korean War Memorial, Sangamon County;
18        Lewis and Clark State Memorial, Madison County;
19        Lincoln Monument State Memorial, Lee County;
20        Lincoln Trail State Memorial, Lawrence County;
21        Lovejoy State Memorial, Madison County;
22        Norwegian Settlers State Memorial, LaSalle County; and
23        Wild Bill Hickok State Memorial, LaSalle County.

24                      Miscellaneous Properties
25        Albany Mounds, Whiteside County;
26        Emerald Mound, St. Clair County;
27        Halfway Tavern, Marion County;
28        Hofmann Tower, Cook County; and
29        Kincaid Mounds, Massac and Pope Counties.
30    (Source: P.A. 89-231,  eff.  1-1-96;  89-324,  eff.  8-13-95;
31    90-760, eff. 8-14-98.)

32        (20 ILCS 3405/11) (from Ch. 127, par. 2711)
 
                            -15-           LRB9216105JMmbam12
 1        Sec. 11.  The Historic Sites and Preservation Division of
 2    the  Agency  shall  exercise  all  rights,  powers and duties
 3    vested in the Department of  Conservation  by  the  "Illinois
 4    Historic  Preservation  Act",  approved  August  14, 1976, as
 5    amended.
 6    (Source: P.A. 84-25.)

 7        (20 ILCS 3405/12) (from Ch. 127, par. 2712)
 8        Sec. 12.  The Historic Sites and Preservation Division of
 9    the Agency shall  exercise  all  rights,  powers  and  duties
10    vested  in the Department of Conservation by Section 63a34 of
11    the Civil Administrative Code of  Illinois  (renumbered;  now
12    Section  805-220  of  the  Department  of  Natural  Resources
13    (Conservation) Law, 20 ILCS 805/805-220).
14    (Source: P.A. 91-239, eff. 1-1-00.)

15        (20 ILCS 3405/13) (from Ch. 127, par. 2713)
16        Sec. 13.  The Historic Sites and Preservation Division of
17    the  Agency  shall  exercise  all  rights,  powers and duties
18    vested in the Department of Conservation by "An Act  relating
19    to  the  planning,  acquisition  and  development  of outdoor
20    recreation resources  and  facilities,  and  authorizing  the
21    participation   by   the  State  of  Illinois  its  political
22    subdivisions  and  qualified  participants  in  programs   of
23    Federal  assistance relating thereto", approved July 6, 1965,
24    as amended, solely as  it  relates  to  the  powers,  rights,
25    duties and obligations heretofore exercised by the Department
26    of  Conservation over historically significant properties and
27    interests of the State.
28    (Source: P.A. 84-25.)

29        (20 ILCS 3405/14) (from Ch. 127, par. 2714)
30        Sec. 14.  The Historic Sites and Preservation Division of
31    the Agency shall exercise all rights, powers and  duties  set
 
                            -16-           LRB9216105JMmbam12
 1    forth  in  Sections  10-40  through 10-85 of the Property Tax
 2    Code.
 3    (Source: P.A. 88-670, eff. 12-2-94.)

 4        (20 ILCS 3405/15) (from Ch. 127, par. 2715)
 5        Sec. 15.  The Historic Sites and Preservation Division of
 6    the Agency shall  exercise  all  rights,  powers  and  duties
 7    vested  in  the Department of Conservation by Section 4-201.5
 8    of the "Illinois Highway Code", approved  June  8,  1959,  as
 9    amended, solely as it relates to access to historic sites and
10    memorials designated pursuant to this Act.
11    (Source: P.A. 84-25.)

12        (20 ILCS 3405/16) (from Ch. 127, par. 2716)
13        Sec. 16.  The Historic Sites and Preservation Division of
14    the Agency shall have the following additional powers:
15        (a)  To  hire agents and employees necessary to carry out
16    the  duties  and  purposes  of   the   Historic   Sites   and
17    Preservation Division of the Agency.
18        (b)  To  take  all measures necessary to erect, maintain,
19    preserve, restore, and conserve all State Historic Sites  and
20    State  Memorials,  except when supervision and maintenance is
21    otherwise provided by law.  This authorization  includes  the
22    power,   with  the  consent  of  the  Board,  to  enter  into
23    contracts, acquire and dispose of real and personal property,
24    and enter into leases of real and personal property.
25        (c)  To provide recreational  facilities  including  camp
26    sites,  lodges  and  cabins, trails, picnic areas and related
27    recreational facilities at all sites under  the  jurisdiction
28    of the Agency.
29        (d)  To  lay  out,  construct  and  maintain  all needful
30    roads, parking areas, paths or trails, bridges, camp or lodge
31    sites,  picnic  areas,  lodges  and  cabins,  and  any  other
32    structures and improvements necessary and appropriate in  any
 
                            -17-           LRB9216105JMmbam12
 1    State historic site or easement thereto; and to provide water
 2    supplies,  heat  and  light,  and sanitary facilities for the
 3    public and living quarters for the custodians and keepers  of
 4    State historic 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
13    the Historic Sites and Preservation Division of  the  Agency,
14    for the purposes of investigation and to exercise the rights,
15    powers,  and  duties  vested and that may be vested in it, to
16    enter and cross all lands and waters in this State, doing  no
17    damage to 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
26    monuments and memorials erected by the State, except when the
27    supervision and maintenance of public monuments and memorials
28    is otherwise provided by law.
29        (i)  To   accept,  hold,  maintain,  and  administer,  as
30    trustee, property given in trust for educational or  historic
31    purposes  for  the  benefit  of  the  People  of the State of
32    Illinois and to dispose, with the consent of  the  Board,  of
33    any  property  under the terms of the instrument creating the
34    trust.
 
                            -18-           LRB9216105JMmbam12
 1        (j)  To lease  concessions  on  any  property  under  the
 2    jurisdiction  of  the  Agency  for  a period not exceeding 25
 3    years and to lease a  concession  complex  at  Lincoln's  New
 4    Salem State Historic Site for which a cash incentive has been
 5    authorized  under  Section  5.1  of the Historic Preservation
 6    Agency Act for a period not to exceed 40 years.  All  leases,
 7    for  whatever  period,  shall  be made subject to the written
 8    approval of the Governor.  All  concession  leases  extending
 9    for  a  period in excess of 10 years, will contain provisions
10    for the Agency to participate, on a percentage basis, in  the
11    revenues generated by any concession operation.
12        (k)  To  sell surplus agricultural products grown on land
13    owned by or under the jurisdiction of the Historic Sites  and
14    Preservation Division of the Agency, when the products cannot
15    be used by the Agency.
16        (l)  To  enforce  the laws of the State and the rules and
17    regulations of the Agency in or on any lands  owned,  leased,
18    or managed by the Historic Sites and Preservation Division of
19    the Agency.
20        (m)  To cooperate with private organizations and agencies
21    of  the  State  of Illinois by providing areas and the use of
22    staff personnel where feasible for the sale  of  publications
23    on  the historic and cultural heritage of the State and craft
24    items made by Illinois  craftsmen.   These  sales  shall  not
25    conflict  with  existing concession agreements.  The Historic
26    Sites and Preservation Division of the Agency  is  authorized
27    to  negotiate  with  the  organizations  and  agencies  for a
28    portion of the monies received from sales to be  returned  to
29    the  Historic Sites and Preservation Division of the Agency's
30    Historic Sites Fund for the furtherance of  interpretive  and
31    restoration programs.
32        (n)  To   establish   local  bank  or  savings  and  loan
33    association accounts, upon the written authorization  of  the
34    Director,  to  temporarily hold income received at any of its
 
                            -19-           LRB9216105JMmbam12
 1    properties. The local accounts established under this Section
 2    shall be in the name of the Historic Preservation Agency  and
 3    shall  be  subject to regular audits.  The balance in a local
 4    bank  or  savings  and  loan  association  account  shall  be
 5    forwarded to the Agency for deposit with the State  Treasurer
 6    on  Monday  of  each  week if the amount to be deposited in a
 7    fund exceeds $500.
 8        No bank or savings and  loan  association  shall  receive
 9    public  funds  as  permitted  by  this Section, unless it has
10    complied with the requirements established under Section 6 of
11    the Public Funds Investment Act.
12        (o)  To accept, with the consent of the Board, offers  of
13    gifts, gratuities, or grants from the federal government, its
14    agencies,   or   offices,   or  from  any  person,  firm,  or
15    corporation.
16        (p)  To make reasonable rules and regulations as  may  be
17    necessary to discharge the duties of the Agency.
18        (q)  With  appropriate cultural organizations, to further
19    and advance the goals of the Agency.
20        (r)  To make grants for the purposes of planning, survey,
21    rehabilitation, restoration, reconstruction, landscaping, and
22    acquisition   of   Illinois   properties    (i)    designated
23    individually  in  the  National  Register of Historic Places,
24    (ii) designated as a landmark under  a  county  or  municipal
25    landmark  ordinance,  or  (iii)  located  within  a  National
26    Register  of  Historic  Places historic district or a locally
27    designated historic district  when  the  Director  determines
28    that  the  property  is  of historic significance whenever an
29    appropriation is made therefor by  the  General  Assembly  or
30    whenever gifts or grants are received for that purpose and to
31    promulgate  regulations  as  may be necessary or desirable to
32    carry out the purposes of the grants.
33        Grantees may, as  prescribed  by  rule,  be  required  to
34    provide  matching  funds  for  each grant.  Grants made under
 
                            -20-           LRB9216105JMmbam12
 1    this subsection shall be known as Illinois Heritage Grants.
 2        Every owner of a historic property, or the owner's agent,
 3    is eligible to apply for a grant under this subsection.
 4        (s)  To establish  and  implement  a  pilot  program  for
 5    charging  admission  to  State  historic  sites.  Fees may be
 6    charged for special events, admissions, and  parking  or  any
 7    combination;  fees  may  be  charged at all sites or selected
 8    sites. All fees shall be deposited into the Illinois Historic
 9    Sites Fund.  The Historic Sites and Preservation Division  of
10    the  Agency  shall  have  the  discretion  to  set and adjust
11    reasonable  fees  at   the   various   sites,   taking   into
12    consideration  various  factors including but not limited to:
13    cost of services furnished to each visitor, impact of fees on
14    attendance and tourism and the costs expended collecting  the
15    fees.   The  Agency  shall keep careful records of the income
16    and expenses resulting from the  imposition  of  fees,  shall
17    keep  records as to the attendance at each historic site, and
18    shall report to the Governor and General Assembly by  January
19    31  after  the  close of each year.  The report shall include
20    information  on  costs,  expenses,  attendance,  comments  by
21    visitors, and any other information the  Agency  may  believe
22    pertinent, including:
23             (1)  Recommendations  as  to  whether fees should be
24        continued at each State historic site.
25             (2)  How the fees should be structured and imposed.
26             (3)  Estimates of revenues and  expenses  associated
27        with each site.
28        In  the final report to be filed by January 31, 1996, the
29    Agency shall  include  recommendations  as  to  whether  fees
30    should  be  charged at State historic sites and if so how the
31    fees should  be  structured  and  imposed  and  estimates  of
32    revenues and expenses associated with any recommended fees.
33        (t)  To  provide for overnight tent and trailer campsites
34    and to provide suitable housing facilities  for  student  and
 
                            -21-           LRB9216105JMmbam12
 1    juvenile  overnight  camping  groups.  The Historic Sites and
 2    Preservation Division of the Agency  shall  charge  the  same
 3    rates   similar   to  those  charged  by  the  Department  of
 4    Conservation for the same or similar facilities and services.
 5        (u)  To  engage  in  marketing  activities  designed   to
 6    promote  the  sites  and programs administered by the Agency.
 7    In undertaking these activities,  the  Agency  may  take  all
 8    necessary  steps  with  respect  to  products  and  services,
 9    including  but  not limited to retail sales, wholesale sales,
10    direct  marketing,  mail  order   sales,   telephone   sales,
11    advertising  and promotion, purchase of product and materials
12    inventory,  design,  printing  and   manufacturing   of   new
13    products,   reproductions,  and  adaptations,  copyright  and
14    trademark licensing and royalty agreements,  and  payment  of
15    applicable  taxes.   In  addition,  the Agency shall have the
16    authority to sell advertising in its publications and printed
17    materials.  All income from  marketing  activities  shall  be
18    deposited into the Illinois Historic Sites Fund.
19    (Source: P.A. 91-202, eff. 1-1-00.)

20        (20 ILCS 3405/17) (from Ch. 127, par. 2717)
21        Sec.  17.   (a) (Blank). Personnel previously assigned to
22    the Illinois State Historical Library are transferred to  the
23    Agency  subject  to  the  concurrence  of  the  Board  in the
24    Director's employment of the  Deputy  Director  and  Division
25    Chiefs.   Personnel  exercising  rights, powers and duties in
26    the State Historical Library are transferred by this  Act  to
27    the   Historic  Preservation  Agency.   Personnel  exercising
28    rights, powers and duties in the Department  of  Conservation
29    that  are transferred to the Historic Preservation Agency are
30    transferred to the Historic  Preservation  Agency.   However,
31    the rights of the employees, the State and its agencies under
32    the Personnel Code or any collective bargaining agreement, or
33    under  any  pension,  retirement or annuity plan shall not be
 
                            -22-           LRB9216105JMmbam12
 1    affected by this Act.
 2        (b)  (Blank).  All  books,  records,  papers,  documents,
 3    property (real and personal), unexpended  appropriations  and
 4    pending  business in any way pertaining to the rights, powers
 5    and duties transferred by this Act from  the  Illinois  State
 6    Historical  Library to the Historic Preservation Agency shall
 7    be delivered and transferred  to  the  Historic  Preservation
 8    Agency.
 9        (c)  (Blank).  All  books,  records,  papers,  documents,
10    property  (real  and personal), unexpended appropriations and
11    pending business in any way pertaining to the rights,  powers
12    and duties transferred from the Department of Conservation to
13    the  Historic  Preservation  Agency  shall  be  delivered and
14    transferred to the Historic Preservation Agency.
15        (d)  (Blank). The  Department  of  Conservation  will  be
16    responsible  for  any  and  all  outstanding Fiscal Year 1985
17    liabilities for functions and personnel transferred from  the
18    Department  of  Conservation  to  the  Historic  Preservation
19    Agency.
20        (e)  Those programs, collections and functions heretofore
21    administered  by the Illinois State Historical Library or the
22    Agency's Historical Library Division  shall  continue  to  be
23    administered  by  the Lincoln Presidential Library Historical
24    Library Division, which shall be one of the Divisions  within
25    the  Agency.   All  gifts  made  specifically to the Illinois
26    State Historical Library or the Agency's  Historical  Library
27    Division,  including  the  Illinois State Historical Society,
28    shall remain at all times  within  the  Lincoln  Presidential
29    Historical Library Division.
30    (Source: P.A. 84-25.)

31        (20 ILCS 3405/30 new)
32        Sec.   30.   Library;   Board;   Foundation.    There  is
33    established  within  the  Historic  Preservation  Agency  the
 
                            -23-           LRB9216105JMmbam12
 1    Abraham Lincoln Presidential Library and Museum. There  shall
 2    be  an  Advisory Board of the Lincoln Presidential Library to
 3    advise the  Lincoln  Presidential  Library  and  the  Library
 4    Director  on  programs  related  to  the Lincoln Presidential
 5    Library. The Lincoln Presidential  Library  shall  co-operate
 6    with  the  Abraham Lincoln Presidential Library Foundation to
 7    maximize resources  available  to  the  Lincoln  Presidential
 8    Library  and  to  support,  sustain,  and provide educational
 9    programs and collections at the Lincoln Presidential Library.

10        (20 ILCS 3405/31 new)
11        Sec. 31.  Advisory  Board.  The  Advisory  Board  of  the
12    Lincoln  Presidential  Library shall consist of 11 members to
13    be appointed by the Governor, with the advice and consent  of
14    the  Senate.  Each  of  these  members  shall have recognized
15    knowledge  and  ability  in  matters  relating  to   history,
16    research,   cultural   institutions,   archives,   libraries,
17    business,  or education. The terms of office of these members
18    shall be 6 years, except that the  terms  of  office  of  the
19    initial  members  shall  commence  from the effective date of
20    this Article  and  run  as  follows,  as  designated  by  the
21    Governor:  one  for  a term expiring December 31, 2003, 2 for
22    terms expiring  December  31,  2004,  2  for  terms  expiring
23    December  31, 2005, 2 for terms expiring December 31, 2006, 2
24    for terms  expiring  December  31,  2007,  and  2  for  terms
25    expiring December 31, 2008. The Governor shall appoint one of
26    the  members  as  Chair  to  serve  at  the  pleasure  of the
27    Governor.

28        (20 ILCS 3405/32 new)
29        Sec. 32. Duties of the Advisory Board. The Advisory Board
30    of the Lincoln Presidential Library and Museum may:
31        (a)  Recommend programs for implementation in support  of
32    the mission and goals of the Lincoln Presidential Library.
 
                            -24-           LRB9216105JMmbam12
 1        (b)  Recommend   such   seminars,   symposia,   or  other
 2    conferences as may be necessary or advisable to  the  Lincoln
 3    Presidential  Library  and  the  Board  of  Trustees  of  the
 4    Historic Preservation Agency.
 5        (c)  Report   annually   to  the  Governor,  the  General
 6    Assembly, and the Board of the Historic  Preservation  Agency
 7    on  the  status  of  the Lincoln Presidential Library and its
 8    programs.

 9        (20 ILCS 3405/33 new)
10        Sec.  33.  Administration  of  the  Lincoln  Presidential
11    Library. The Governor, with the advice  and  consent  of  the
12    Senate,  shall  appoint  a  Library  Director  of the Lincoln
13    Presidential Library. The Library Director shall serve at the
14    pleasure of the Governor. The Library Director shall, subject
15    to applicable provisions of law, execute  and  discharge  the
16    powers  and  duties  of  the Lincoln Presidential Library and
17    implement  the  policies  set  by  the  Board.  The   Library
18    Director,  with  the concurrence of the Board, shall appoint:
19    (a) a Library  Facilities  Operations  Director;  and  (b)  a
20    Director of the Illinois State Historical Library. Subject to
21    concurrence  by the Board, the Library Director shall appoint
22    those other employees of the Lincoln Presidential Library and
23    the Illinois State Historical Library  as  he  or  she  deems
24    appropriate  and  shall  fix  the compensation of the Library
25    Facilities Operations Director, the Director of the  Illinois
26    State  Historical  Library,  and other employees. The Library
27    Director, with the approval of the Board, may  establish  and
28    collect  admission  and registration fees, may operate a gift
29    shop, and may publish and sell educational and  informational
30    materials.

31        (20 ILCS 3405/34 new)
32        Sec.  34.  Internal  Auditor. There is created the Office
 
                            -25-           LRB9216105JMmbam12
 1    of the Internal Auditor of the Historic Preservation  Agency.
 2    The  Internal  Auditor shall be appointed by the Board, shall
 3    serve at the pleasure of the Board, and shall report  to  the
 4    Board.  The  Internal  Auditor  shall  audit and maintain the
 5    financial books, records, papers,  and  transactions  of  the
 6    Lincoln  Presidential  Library  and  the  Historic  Sites and
 7    Preservation Division of the  Historic  Preservation  Agency.
 8    The  Internal Auditor shall prepare an annual report for each
 9    fiscal year of the operations of  the  Historic  Preservation
10    Agency,  which  shall  be submitted to the Board, the General
11    Assembly, and the Governor. Nothing  in  this  Section  shall
12    abridge  the  authority  of  the  Illinois Auditor General to
13    independently audit the Illinois Historic Preservation Agency
14    or any of the  libraries,  divisions,  or  offices  contained
15    within the Agency.

16        (20 ILCS 3405/18 rep.)
17        Section  15-10.   The Historic Preservation Agency Act is
18    amended by repealing Section 18.

19        Section 15-12.  The Illinois Historic Preservation Act is
20    amended by changing Section 3 as follows:

21        (20 ILCS 3410/3) (from Ch. 127, par. 133d3)
22        Sec. 3.  There is recognized  and  established  hereunder
23    the  Illinois  Historic  Sites  Advisory  Council, previously
24    established pursuant to Federal regulations, hereafter called
25    the Council.  The Council shall consist of  15  members.   Of
26    these,  there  shall  be  at  least  3 historians, at least 3
27    architectural historians, or architects with  a  preservation
28    background,  and  at  least 3 archeologists.  The remaining 6
29    members shall be drawn from  supporting  fields  and  have  a
30    preservation  interest.   Supporting fields shall include but
31    not be limited to historical geography, law, urban  planning,
 
                            -26-           LRB9216105JMmbam12
 1    local government officials, and members of other preservation
 2    commissions.    All  shall  be  appointed  by the Director of
 3    Historic Sites and Preservation,  with  the  consent  of  the
 4    Board.
 5        The   Council  Chairperson  shall  be  appointed  by  the
 6    Director of Historic Sites and Preservation from the  Council
 7    membership and shall serve at the Director's pleasure.
 8        The  Director  of  the  Lincoln  Presidential Library and
 9    Division  Chief  of  the  Historical  Library  Division,  the
10    Director of the Illinois State Museum and the Chairperson  of
11    the  Historical  Markers  Committee  of  the  Illinois  State
12    Historical  Society  shall  serve  on the Council in advisory
13    capacity as non-voting members.
14        Terms of  membership  shall  be  3  years  and  shall  be
15    staggered   by   the   Director   to   assure  continuity  of
16    representation.
17        The Council shall  meet  at  least  4  times  each  year.
18    Additional   meetings   may  be  held  at  the  call  of  the
19    chairperson or at the call of the Director.
20        Members shall serve without compensation,  but  shall  be
21    reimbursed for actual expenses incurred in the performance of
22    their duties.
23    (Source: P.A. 84-25.)

24        Section  15-14.  The  Historical  Sites  Listing  Act  is
25    amended by changing Sections 1, 2, and 3 as follows:

26        (20 ILCS 3415/1) (from Ch. 128, par. 31)
27        Sec. 1.  Any person or State or local governmental agency
28    owning  a  site  of general historical interest or having the
29    written consent of the owner of such a site may apply to  the
30    Historic  Preservation  Agency Historical Library Division to
31    have that site listed and marked as a State historic site.
32    (Source: P.A. 84-25.)
 
                            -27-           LRB9216105JMmbam12
 1        (20 ILCS 3415/2) (from Ch. 128, par. 32)
 2        Sec. 2.  If the Historic Preservation  Agency  Historical
 3    Library   Division   finds   that  a  site  described  in  an
 4    application  under  Section  1  is  of   sufficient   general
 5    historical  interest to warrant listing and marking, it shall
 6    list the site in a register kept for that purpose  and  shall
 7    display  at  the  site  a suitable marker indicating that the
 8    site is a registered State historic site.
 9    (Source: P.A. 84-25.)

10        (20 ILCS 3415/3) (from Ch. 128, par. 33)
11        Sec.  3.  The  Historic  Preservation  Agency  Historical
12    Library Division, in  cooperation  with  the  Illinois  State
13    Historical   Society,   the   Division  of  Highways  of  the
14    Department of Transportation and any other interested  public
15    or  private  agency,  shall place and maintain all markers at
16    State historic sites registered under this Act.
17    (Source: P.A. 84-25.)

18        Section 15-15.   The  State  Historical  Library  Act  is
19    amended by changing Sections 4, 5.1, and 6 as follows:

20        (20 ILCS 3425/4) (from Ch. 128, par. 16)
21        Sec. 4.  The Director of the Lincoln Presidential Library
22    Historic  Preservation may and is hereby required to make all
23    necessary rules, regulations and bylaws not inconsistent with
24    law to carry into effect the purposes  of  this  Act  and  to
25    procure from time to time as may be possible and practicable,
26    at   reasonable  cost,  all  books,  pamphlets,  manuscripts,
27    monographs,  writings,  and  other  material  of   historical
28    interest  and  useful  to  the  historian  bearing  upon  the
29    political, physical, religious or social history of the State
30    of  Illinois  from  the  earliest  known  period of time. The
31    Director  of  the  Lincoln  Presidential   Library   Historic
 
                            -28-           LRB9216105JMmbam12
 1    Preservation may, with the consent of the Board, exchange any
 2    books,  pamphlets,  manuscripts,  records  or  other material
 3    which such library may acquire  that  are  of  no  historical
 4    interest  or  for  any reason are of no value to it, with any
 5    other library, school or historical society. The Director  of
 6    the  Lincoln Presidential Library Historic Preservation shall
 7    distribute volumes  of  the  series  known  as  the  Illinois
 8    Historical  Collections  now  in print, and to be printed, to
 9    all who may apply  for  same  and  who  pay  to  the  Lincoln
10    Presidential  Library  Historical  Library  Division for such
11    volumes an amount  fixed  by  the  Director  of  the  Lincoln
12    Presidential  Library  Historic  Preservation  sufficient  to
13    cover  the  expenses  of  printing  and  distribution of each
14    volume received by such  applicants.  However,  the  Director
15    shall  have  authority to furnish not to exceed 25 of each of
16    the volumes of the Illinois Historical Collections,  free  of
17    charge  to each of the authors and editors of the collections
18    or parts thereof; to furnish, as in his discretion  he  deems
19    necessary  or  desirable,  a reasonable number of each of the
20    volumes  of  the  Collections  without  charge  to  archives,
21    libraries and similar institutions from  which  material  has
22    been drawn or assistance has been given in the preparation of
23    such  Collections,  and to the officials thereof; to furnish,
24    as in his discretion  he  deems  necessary  or  desirable,  a
25    reasonable  number  of each of the volumes of the Collections
26    without charge to the University of Illinois Library  and  to
27    instructors  and  officials of that University, and to public
28    libraries in the State of Illinois. The  Director  may,  with
29    the  consent  of the Board, also make exchanges of Historical
30    Collections with any  other  library,  school  or  historical
31    society,  and to distribute volumes of collections for review
32    purposes,  without  charge.  All  proceeds  received  by  the
33    Historical Library Division from the sale of volumes  of  the
34    series  of  the Illinois Historical Collections shall be paid
 
                            -29-           LRB9216105JMmbam12
 1    into the General Revenue Fund in the State treasury.  Subject
 2    to  concurrence  by  the  Board, the Director also may obtain
 3    pursuant to the  "Personnel  Code"  some  person  having  the
 4    requisite qualifications as State Historian.
 5    (Source: P.A. 84-25.)

 6        (20 ILCS 3425/5.1) (from Ch. 128, par. 16.1)
 7        Sec.   5.1.  The  State  Historian  shall  establish  and
 8    supervise a program within the Lincoln  Presidential  Library
 9    Historical   Library   Division   designed   to  preserve  as
10    historical records selected past editions  of  newspapers  of
11    this  State.  Such  editions  shall be microphotographed. The
12    negatives of such microphotographs shall be stored in a place
13    provided  by  the  Lincoln  Presidential  Library  Historical
14    Library Division.
15        The State Historian  shall  determine  on  the  basis  of
16    historical  value  the  various newspaper edition files which
17    shall be microphotographed and shall arrange a  schedule  for
18    such  microphotographing. The State Historian shall supervise
19    the making of  arrangements  for  acquiring  access  to  past
20    edition  files  with the editors or publishers of the various
21    newspapers.
22        The method of microphotography to  be  employed  in  this
23    program  shall  conform to the standards established pursuant
24    to Section 17 of "The State Records Act",  approved  July  6,
25    1957.
26        Upon   payment   to   the  Lincoln  Presidential  Library
27    Historical Library Division of the required fee,  any  person
28    or  organization  shall be supplied with any prints requested
29    to be made from the negatives of  the  microphotographs.  The
30    fee  required  shall be determined by the State Historian and
31    shall be equal in amount to the cost incurred by the  Lincoln
32    Presidential Library Historical Library Division in supplying
33    the requested prints.
 
                            -30-           LRB9216105JMmbam12
 1    (Source: P.A. 84-25.)

 2        (20 ILCS 3425/1 rep.)
 3        (20 ILCS 3425/3 rep.)
 4        (20 ILCS 3425/6 rep.)
 5        Section  15-16.   The  State  Historical  Library  Act is
 6    amended by repealing Sections 1, 3, and 6.

 7        Section 15-20.  The Old State Capitol Act is  amended  by
 8    changing Section 1 as follows:

 9        (20 ILCS 3430/1) (from Ch. 123, par. 52)
10        Sec. 1.  As used in this Act,
11        (a)  "Old  State  Capitol  Complex"  means  the old State
12    capitol reconstructed under the "1961 Act" in Springfield and
13    includes space also  occupied  by  the  Lincoln  Presidential
14    Library  the  quarters of the Historical Library Division and
15    the Illinois State  Historical  Society  and  an  underground
16    parking garage;
17        (b)  "1961   Act"   means   "An  Act  providing  for  the
18    reconstruction and restoration of the old  State  Capitol  at
19    Springfield  and providing for the custody thereof", approved
20    August 24, 1961, as amended;
21        (c)  "Board of Trustees" means the Board of  Trustees  of
22    the Historic Preservation Agency.
23    (Source: P.A. 84-25.)

24        Section  15-23.   The  State  Finance  Act  is amended by
25    adding Sections 5.572 and 6z-57 as follows:

26        (30 ILCS 105/5.572 new)
27        Sec. 5.572. The Presidential Library and Museum Operating
28    Fund.
 
                            -31-           LRB9216105JMmbam12
 1        (30 ILCS 105/6z-57 new)
 2        Sec. 6z-57. The Presidential Library and Museum Operating
 3    Fund.
 4        (a)  There is created in the  State  treasury  a  special
 5    fund  to  be  known  as  the  Presidential Library and Museum
 6    Operating Fund. All moneys received by  the  Abraham  Lincoln
 7    Presidential  Library  and Museum from admission fees, retail
 8    sales, and  registration  fees  from  conferences  and  other
 9    educational  programs  shall  be  deposited into the Fund. In
10    addition, money shall be deposited into the Fund as  provided
11    by law.
12        (b)  Money   in   the   Fund  may  be  used,  subject  to
13    appropriation, for the operational  support  of  the  Abraham
14    Lincoln  Presidential  Library  and  Museum  and for programs
15    related to the Presidential  Library  and  Museum  at  public
16    institutions of higher education.

17        Section  15-25.  The Historical Document Preservation Act
18    is amended by changing Sections 1 and 2 as follows:

19        (55 ILCS 120/1) (from Ch. 128, par. 18)
20        Sec. 1. The county board of every county may, by order or
21    resolution authorize and direct  to  be  transferred  to  the
22    Lincoln   Presidential   Library  Illinois  State  Historical
23    Society, the Historical Library Division, the State  Archives
24    or to the State University Library at Urbana, Illinois, or to
25    any  historical  society duly incorporated and located within
26    the county, such official papers,  drawings,  maps,  writings
27    and records of every description as may be deemed of historic
28    interest  or  value,  and  as  may  be  in the custody of any
29    officer of such county. Accurate copies of the same  when  so
30    transferred shall be substituted for the original when in the
31    judgment  of  such  county  board  the  same  may  be  deemed
32    necessary.
 
                            -32-           LRB9216105JMmbam12
 1    (Source: P.A. 84-25.)

 2        (55 ILCS 120/2) (from Ch. 128, par. 19)
 3        Sec.  2.  The  officer having the custody of such papers,
 4    drawings, maps, writings and records shall permit  search  to
 5    be made at all reasonable hours and under his supervision for
 6    such  as  may  be  deemed  of  historic interest. Whenever so
 7    directed by the county board in the manner prescribed in  the
 8    foregoing  section such officer shall deliver the same to the
 9    trustee, directors or  librarian  or  other  officer  of  the
10    Historic  Preservation  Agency Historical Library Division or
11    society designated by such county board.
12    (Source: P.A. 84-25.)

13        Section 15-30.  The Illinois Municipal Code is amended by
14    changing Section 11-48-1 as follows:

15        (65 ILCS 5/11-48-1) (from Ch. 24, par. 11-48-1)
16        Sec. 11-48-1. The city council or board  of  trustees  of
17    every  city,  incorporated  town  or village may, by order or
18    resolution authorize and direct  to  be  transferred  to  the
19    Lincoln   Presidential   Library  Illinois  State  Historical
20    Society, the Historical Library Division, the State  Archives
21    or to the State University Library at Urbana, Illinois, or to
22    any  historical  society duly incorporated and located within
23    their respective counties, such  official  papers,  drawings,
24    maps,  writings  and  records  of every description as may be
25    deemed of historic interest or value, and as may  be  in  the
26    custody  of  any  officer  of such county, city, incorporated
27    town  or  village.  Accurate  copies  of  the  same  when  so
28    transferred shall be substituted for the original when in the
29    judgment of such city council or board of trustees  the  same
30    may be deemed necessary.
31    (Source: P.A. 84-25.)
 
                            -33-           LRB9216105JMmbam12
 1        Section 15-40.  The Liquor Control Act of 1934 is amended
 2    by changing Section 6-15 as follows:

 3        (235 ILCS 5/6-15) (from Ch. 43, par. 130)
 4        Sec.   6-15.  No  alcoholic  liquors  shall  be  sold  or
 5    delivered in any building belonging to or under  the  control
 6    of  the  State or any political subdivision thereof except as
 7    provided in this Act.  The corporate authorities of any city,
 8    village,  incorporated  town  or  township  may  provide   by
 9    ordinance,  however,  that  alcoholic  liquor  may be sold or
10    delivered in any specifically designated  building  belonging
11    to  or  under the control of the municipality or township, or
12    in any building located on land  under  the  control  of  the
13    municipality;  provided  that such township complies with all
14    applicable local ordinances in any incorporated area  of  the
15    township.  Alcoholic  liquors may be delivered to and sold at
16    any  airport  belonging  to  or  under  the  control   of   a
17    municipality  of  more  than  25,000  inhabitants,  or in any
18    building owned by a park district organized  under  the  Park
19    District Code, subject to the approval of the governing board
20    of  the  district,  or  in any building or on any golf course
21    owned by a  forest  preserve  district  organized  under  the
22    Downstate  Forest  Preserve  District  Act,  subject  to  the
23    approval  of  the  governing board of the district, or on the
24    grounds within 500 feet of any building  owned  by  a  forest
25    preserve   district  organized  under  the  Downstate  Forest
26    Preserve District Act during times when food is dispensed for
27    consumption within 500 feet of the building  from  which  the
28    food  is  dispensed, subject to the approval of the governing
29    board of the district, or in a building owned by a Local Mass
30    Transit District  organized  under  the  Local  Mass  Transit
31    District  Act, subject to the approval of the governing Board
32    of the District, or in Bicentennial Park, or on the  premises
33    of the City of Mendota Lake Park located adjacent to Route 51
 
                            -34-           LRB9216105JMmbam12
 1    in  Mendota,  Illinois,  or on the premises of Camden Park in
 2    Milan, Illinois, or in the community center owned by the City
 3    of Loves Park that is located at 1000  River  Park  Drive  in
 4    Loves Park, Illinois, or, in connection with the operation of
 5    an  established  food serving facility during times when food
 6    is dispensed for consumption on  the  premises,  and  at  the
 7    following  aquarium  and museums located in public parks: Art
 8    Institute of Chicago, Chicago Academy  of  Sciences,  Chicago
 9    Historical  Society,  Field Museum of Natural History, Museum
10    of Science and Industry, DuSable Museum of  African  American
11    History,  John G. Shedd Aquarium and Adler Planetarium, or at
12    Lakeview Museum  of  Arts  and  Sciences  in  Peoria,  or  in
13    connection  with  the  operation  of  the  facilities  of the
14    Chicago  Zoological  Society  or  the  Chicago  Horticultural
15    Society on land owned by the Forest Preserve District of Cook
16    County, or on  any  land  used  for  a  golf  course  or  for
17    recreational  purposes  owned by the Forest Preserve District
18    of Cook County, subject to the control of the Forest Preserve
19    District Board of Commissioners  and  applicable  local  law,
20    provided  that  dram  shop liability insurance is provided at
21    maximum coverage limits so as to hold the  District  harmless
22    from all financial loss, damage, and harm, or in any building
23    located  on  land  owned  by  the  Chicago  Park  District if
24    approved by the Park District Commissioners, or on  any  land
25    used for a golf course or for recreational purposes and owned
26    by  the  Illinois  International Port District if approved by
27    the District's governing  board,  or  at  any  airport,  golf
28    course,  faculty  center, or facility in which conference and
29    convention type activities take place belonging to  or  under
30    control  of  any State university or public community college
31    district, provided  that  with  respect  to  a  facility  for
32    conference  and  convention type activities alcoholic liquors
33    shall be limited to the use of the convention  or  conference
34    participants   or  participants  in  cultural,  political  or
 
                            -35-           LRB9216105JMmbam12
 1    educational activities held in such facilities, and  provided
 2    further  that the faculty or staff of the State university or
 3    a  public  community  college  district,  or  members  of  an
 4    organization of students, alumni, faculty  or  staff  of  the
 5    State  university  or a public community college district are
 6    active participants in the conference or  convention,  or  in
 7    Memorial  Stadium on the campus of the University of Illinois
 8    at Urbana-Champaign during games in which the  Chicago  Bears
 9    professional  football team is playing in that stadium during
10    the renovation of Soldier Field, not more than one and a half
11    hours before the start of the game and not after the  end  of
12    the third quarter of the game, or by a catering establishment
13    which  has  rented  facilities  from a board of trustees of a
14    public community college district, or,  if  approved  by  the
15    District  board,  on  land owned by the Metropolitan Sanitary
16    District of Greater Chicago and leased to others for  a  term
17    of  at least 20 years.  Nothing in this Section precludes the
18    sale or delivery of alcoholic liquor in the form of  original
19    packaged  goods  in  premises  located  at  500  S. Racine in
20    Chicago belonging to the  University  of  Illinois  and  used
21    primarily  as  a  grocery store by a commercial tenant during
22    the  term  of  a  lease  that   predates   the   University's
23    acquisition of the premises; but the University shall have no
24    power  or  authority  to renew, transfer, or extend the lease
25    with terms allowing the sale of  alcoholic  liquor;  and  the
26    sale  of  alcoholic liquor shall be subject to all local laws
27    and regulations.  After the acquisition by  Winnebago  County
28    of  the  property  located  at  404 Elm Street in Rockford, a
29    commercial tenant who sold alcoholic liquor at  retail  on  a
30    portion  of the property under a valid license at the time of
31    the acquisition may continue to do so  for  so  long  as  the
32    tenant  and  the  County  may  agree under existing or future
33    leases, subject to all local laws and  regulations  regarding
34    the  sale  of  alcoholic liquor.  Each facility shall provide
 
                            -36-           LRB9216105JMmbam12
 1    dram shop liability in maximum insurance coverage  limits  so
 2    as   to   save   harmless   the  State,  municipality,  State
 3    university, airport, golf course, faculty center, facility in
 4    which conference and convention type activities  take  place,
 5    park  district,  Forest  Preserve  District, public community
 6    college district, aquarium, museum, or sanitary district from
 7    all financial loss, damage or harm. Alcoholic liquors may  be
 8    sold  at  retail  in  buildings  of  golf  courses  owned  by
 9    municipalities   in  connection  with  the  operation  of  an
10    established food serving facility during times when  food  is
11    dispensed   for  consumption  upon  the  premises.  Alcoholic
12    liquors may be  delivered  to  and  sold  at  retail  in  any
13    building  owned by a fire protection district organized under
14    the Fire Protection District Act, provided that such delivery
15    and sale  is  approved  by  the  board  of  trustees  of  the
16    district, and provided further that such delivery and sale is
17    limited  to  fundraising  events and to a maximum of 6 events
18    per year.
19        Alcoholic liquor may be delivered to and sold  at  retail
20    in the Dorchester Senior Business Center owned by the Village
21    of  Dolton  if the alcoholic liquor is sold or dispensed only
22    in connection with organized functions for which the  planned
23    attendance  is  20  or  more  persons,  and  if the person or
24    facility selling  or  dispensing  the  alcoholic  liquor  has
25    provided  dram  shop liability insurance in maximum limits so
26    as to hold harmless the Village of Dolton and the State  from
27    all financial loss, damage and harm.
28        Alcoholic  liquors may be delivered to and sold at retail
29    in any building used as an Illinois State Armory provided:
30             (i)  the Adjutant General's written consent  to  the
31        issuance  of  a  license to sell alcoholic liquor in such
32        building is filed with the Commission;
33             (ii)  the alcoholic liquor is sold or dispensed only
34        in connection with organized functions  held  on  special
 
                            -37-           LRB9216105JMmbam12
 1        occasions;
 2             (iii)  the  organized  function is one for which the
 3        planned attendance is 25 or more persons; and
 4             (iv)  the  facility  selling   or   dispensing   the
 5        alcoholic   liquors  has  provided  dram  shop  liability
 6        insurance in maximum limits so as to  save  harmless  the
 7        facility and the State from all financial loss, damage or
 8        harm.
 9        Alcoholic  liquors may be delivered to and sold at retail
10    in the Chicago Civic Center, provided that:
11             (i)  the written  consent  of  the  Public  Building
12        Commission  which administers the Chicago Civic Center is
13        filed with the Commission;
14             (ii)  the alcoholic liquor is sold or dispensed only
15        in connection with organized functions  held  on  special
16        occasions;
17             (iii)  the  organized  function is one for which the
18        planned attendance is 25 or more persons;
19             (iv)  the  facility  selling   or   dispensing   the
20        alcoholic   liquors  has  provided  dram  shop  liability
21        insurance in maximum limits so as to  hold  harmless  the
22        Civic  Center, the City of Chicago and the State from all
23        financial loss, damage or harm; and
24             (v)  all applicable local  ordinances  are  complied
25        with.
26        Alcoholic  liquors  may  be  delivered  or  sold  in  any
27    building  belonging  to  or  under  the  control of any city,
28    village or incorporated town  where  more  than  75%  of  the
29    physical properties of the building is used for commercial or
30    recreational  purposes,  and  the  building is located upon a
31    pier extending into or over the waters of a navigable lake or
32    stream or on  the  shore  of  a  navigable  lake  or  stream.
33    Alcoholic  liquor  may be sold in buildings under the control
34    of the Department of Natural Resources when  written  consent
 
                            -38-           LRB9216105JMmbam12
 1    to the issuance of a license to sell alcoholic liquor in such
 2    buildings  is  filed with the Commission by the Department of
 3    Natural Resources. Notwithstanding  any  other  provision  of
 4    this Act, alcoholic liquor sold by a United States Army Corps
 5    of    Engineers    or   Department   of   Natural   Resources
 6    concessionaire  who  was  operating  on  June  1,  1991   for
 7    on-premises consumption only is not subject to the provisions
 8    of  Articles  IV  and  IX.  Beer  and wine may be sold on the
 9    premises of the Joliet Park District  Stadium  owned  by  the
10    Joliet  Park District when written consent to the issuance of
11    a license to sell beer and wine in  such  premises  is  filed
12    with  the  local  liquor  commissioner  by  the  Joliet  Park
13    District.  Beer  and  wine  may  be  sold in buildings on the
14    grounds of State veterans' homes when written consent to  the
15    issuance of a license to sell beer and wine in such buildings
16    is  filed  with the Commission by the Department of Veterans'
17    Affairs, and the facility shall provide dram  shop  liability
18    in  maximum  insurance  coverage  limits  so  as  to save the
19    facility harmless from all financial loss,  damage  or  harm.
20    Such  liquors  may  be  delivered to and sold at any property
21    owned  or  held  under  lease  by  a  Metropolitan  Pier  and
22    Exposition   Authority   or   Metropolitan   Exposition   and
23    Auditorium Authority.
24        Beer and wine may be sold and dispensed  at  professional
25    sporting  events  and  at  professional  concerts  and  other
26    entertainment  events  conducted  on  premises  owned  by the
27    Forest Preserve District  of  Kane  County,  subject  to  the
28    control  of  the  District Commissioners and applicable local
29    law, provided that dram shop liability insurance is  provided
30    at  maximum  coverage  limits  so  as  to  hold  the District
31    harmless from all financial loss, damage and harm.
32        Nothing in  this  Section  shall  preclude  the  sale  or
33    delivery  of  beer  and wine at a State or county fair or the
34    sale or delivery of beer or  wine  at  a  city  fair  in  any
 
                            -39-           LRB9216105JMmbam12
 1    otherwise lawful manner.
 2        Alcoholic  liquors  may be sold at retail in buildings in
 3    State parks under the control of the  Department  of  Natural
 4    Resources, provided:
 5             a.  the  State park has overnight lodging facilities
 6        with some restaurant facilities or, not having  overnight
 7        lodging facilities, has restaurant facilities which serve
 8        complete luncheon and dinner or supper meals,
 9             b.  consent  to  the  issuance  of a license to sell
10        alcoholic liquors in the buildings has  been  filed  with
11        the  commission  by  the Department of Natural Resources,
12        and
13             c.  the alcoholic liquors are sold by the State park
14        lodge or restaurant concessionaire only during the  hours
15        from   11   o'clock   a.m.  until  12  o'clock  midnight.
16        Notwithstanding  any  other  provision   of   this   Act,
17        alcoholic  liquor  sold  by  the State park or restaurant
18        concessionaire  is  not  subject  to  the  provisions  of
19        Articles IV and IX.
20        Alcoholic liquors may be sold at retail in  buildings  on
21    properties  under  the  control  of  the  Historic  Sites and
22    Preservation Division of the Historic Preservation Agency  or
23    the Abraham Lincoln Presidential Library and Museum provided:
24             a.  the  property  has  overnight lodging facilities
25        with some restaurant facilities or, not having  overnight
26        lodging facilities, has restaurant facilities which serve
27        complete luncheon and dinner or supper meals,
28             b.  consent  to  the  issuance  of a license to sell
29        alcoholic liquors in the buildings has  been  filed  with
30        the  commission  by  the  Historic Sites and Preservation
31        Division of  the  Historic  Preservation  Agency  or  the
32        Abraham Lincoln Presidential Library and Museum, and
33             c.  the  alcoholic  liquors are sold by the lodge or
34        restaurant concessionaire only during the hours  from  11
 
                            -40-           LRB9216105JMmbam12
 1        o'clock a.m. until 12 o'clock midnight.
 2        The  sale  of  alcoholic liquors pursuant to this Section
 3    does  not  authorize  the  establishment  and  operation   of
 4    facilities  commonly  called taverns, saloons, bars, cocktail
 5    lounges,  and  the  like  except  as  a  part  of  lodge  and
 6    restaurant facilities in State parks or golf courses owned by
 7    Forest Preserve Districts with  a  population  of  less  than
 8    3,000,000 or municipalities or park districts.
 9        Alcoholic   liquors   may   be  sold  at  retail  in  the
10    Springfield Administration  Building  of  the  Department  of
11    Transportation  and the Illinois State Armory in Springfield;
12    provided,  that  the  controlling  government  authority  may
13    consent to such sales only if
14             a.  the   request   is   from    a    not-for-profit
15        organization;
16             b.  such sales would not impede normal operations of
17        the departments involved;
18             c.  the  not-for-profit  organization  provides dram
19        shop liability in maximum insurance coverage  limits  and
20        agrees  to  defend, save harmless and indemnify the State
21        of Illinois from all financial loss, damage or harm;
22             d.  no such sale shall be made during normal working
23        hours of the State of Illinois; and
24             e.  the consent is in writing.
25        Alcoholic liquors may be sold at retail in  buildings  in
26    recreational  areas  of river conservancy districts under the
27    control of, or leased from, the river conservancy  districts.
28    Such  sales  are  subject  to reasonable local regulations as
29    provided in Article IV;  however,  no  such  regulations  may
30    prohibit  or  substantially  impair  the  sale  of  alcoholic
31    liquors on Sundays or Holidays.
32        Alcoholic  liquors  may  be  provided  in  long term care
33    facilities owned or operated by a county under Division  5-21
34    or  5-22  of the Counties Code, when approved by the facility
 
                            -41-           LRB9216105JMmbam12
 1    operator and not in conflict  with  the  regulations  of  the
 2    Illinois  Department  of  Public  Health, to residents of the
 3    facility who have had  their  consumption  of  the  alcoholic
 4    liquors  provided approved in writing by a physician licensed
 5    to practice medicine in all its branches.
 6        Alcoholic liquors may be delivered to  and  dispensed  in
 7    State  housing  assigned  to  employees  of the Department of
 8    Corrections. No person shall furnish or allow to be furnished
 9    any alcoholic liquors to any prisoner confined in  any  jail,
10    reformatory,  prison  or  house  of  correction except upon a
11    physician's prescription for medicinal purposes.
12        Alcoholic liquors may be sold at retail or  dispensed  at
13    the Willard Ice Building in Springfield, at the State Library
14    in  Springfield,  and  at Illinois State Museum facilities by
15    (1) an agency of the State, whether legislative, judicial  or
16    executive,  provided  that  such agency first obtains written
17    permission to sell or dispense  alcoholic  liquors  from  the
18    controlling  government authority, or by (2) a not-for-profit
19    organization, provided that such organization:
20             a.  Obtains written  consent  from  the  controlling
21        government authority;
22             b.  Sells  or  dispenses  the alcoholic liquors in a
23        manner that does not impair normal  operations  of  State
24        offices located in the building;
25             c.  Sells  or  dispenses  alcoholic  liquors only in
26        connection with an official activity in the building;
27             d.  Provides, or its catering service provides, dram
28        shop liability insurance in maximum coverage  limits  and
29        in  which the carrier agrees to defend, save harmless and
30        indemnify the State of Illinois from all financial  loss,
31        damage  or  harm arising out of the selling or dispensing
32        of alcoholic liquors.
33        Nothing  in  this  Act  shall  prevent  a  not-for-profit
34    organization or  agency  of  the  State  from  employing  the
 
                            -42-           LRB9216105JMmbam12
 1    services  of  a  catering  establishment  for  the selling or
 2    dispensing of alcoholic liquors at authorized functions.
 3        The controlling government authority for the Willard  Ice
 4    Building   in  Springfield  shall  be  the  Director  of  the
 5    Department of Revenue.  The controlling government  authority
 6    for Illinois State Museum facilities shall be the Director of
 7    the   Illinois  State  Museum.   The  controlling  government
 8    authority for the State Library in Springfield shall  be  the
 9    Secretary of State.
10        Alcoholic  liquors may be delivered to and sold at retail
11    or dispensed at any facility, property or building under  the
12    jurisdiction  of the Historic Sites and Preservation Division
13    of the Historic Preservation Agency or  the  Abraham  Lincoln
14    Presidential  Library  and Museum where the delivery, sale or
15    dispensing  is  by  (1)  an  agency  of  the  State,  whether
16    legislative, judicial or executive, provided that such agency
17    first  obtains  written  permission  to  sell   or   dispense
18    alcoholic liquors from a controlling government authority, or
19    by  (2)  a  not-for-profit  organization  provided  that such
20    organization:
21             a.  Obtains written  consent  from  the  controlling
22        government authority;
23             b.  Sells  or  dispenses  the alcoholic liquors in a
24        manner that does not  impair  normal  workings  of  State
25        offices  or  operations located at the facility, property
26        or building;
27             c.  Sells or dispenses  alcoholic  liquors  only  in
28        connection    with    an   official   activity   of   the
29        not-for-profit organization in the facility, property  or
30        building;
31             d.  Provides, or its catering service provides, dram
32        shop  liability  insurance in maximum coverage limits and
33        in which the carrier agrees to defend, save harmless  and
34        indemnify  the State of Illinois from all financial loss,
 
                            -43-           LRB9216105JMmbam12
 1        damage or harm arising out of the selling  or  dispensing
 2        of alcoholic liquors.
 3        The  controlling  government  authority  for the Historic
 4    Sites and Preservation Division of the Historic  Preservation
 5    Agency  shall  be  the  Director  of  the  Historic Sites and
 6    Preservation, and the controlling  government  authority  for
 7    the  Abraham Lincoln Presidential Library and Museum shall be
 8    the Director of the Abraham Lincoln Presidential Library  and
 9    Museum Agency.
10        Alcoholic  liquors  may be sold at retail or dispensed at
11    the James R. Thompson Center in Chicago and 222 South College
12    Street in Springfield, Illinois by (1) a commercial tenant or
13    subtenant conducting business on the premises under  a  lease
14    made pursuant to Section 405-315 of the Department of Central
15    Management  Services Law (20 ILCS 405/405-315), provided that
16    such tenant or subtenant who  sells  or  dispenses  alcoholic
17    liquors  shall  procure  and  maintain  dram  shop  liability
18    insurance in maximum coverage limits and in which the carrier
19    agrees  to  defend,  indemnify and save harmless the State of
20    Illinois from all financial loss, damage or harm arising  out
21    of  the sale or dispensing of alcoholic liquors, or by (2) an
22    agency  of  the  State,  whether  legislative,  judicial   or
23    executive,  provided  that  such agency first obtains written
24    permission to sell or dispense  alcoholic  liquors  from  the
25    Director   of  Central  Management  Services,  or  by  (3)  a
26    not-for-profit organization, provided that such organization:
27             a.  Obtains written consent from the  Department  of
28        Central Management Services;
29             b.  Sells  or  dispenses  the alcoholic liquors in a
30        manner that does not impair normal  operations  of  State
31        offices located in the building;
32             c.  Sells  or  dispenses  alcoholic  liquors only in
33        connection with an official activity in the building;
34             d.  Provides, or its catering service provides, dram
 
                            -44-           LRB9216105JMmbam12
 1        shop liability insurance in maximum coverage  limits  and
 2        in  which the carrier agrees to defend, save harmless and
 3        indemnify the State of Illinois from all financial  loss,
 4        damage  or  harm arising out of the selling or dispensing
 5        of alcoholic liquors.
 6        Nothing  in  this  Act  shall  prevent  a  not-for-profit
 7    organization or  agency  of  the  State  from  employing  the
 8    services  of  a  catering  establishment  for  the selling or
 9    dispensing of alcoholic liquors at  functions  authorized  by
10    the Director of Central Management Services.
11        Alcoholic  liquors  may  be  sold  or  delivered  at  any
12    facility  owned  by  the Illinois Sports Facilities Authority
13    provided that dram shop liability  insurance  has  been  made
14    available  in  a form, with such coverage and in such amounts
15    as the Authority reasonably determines is necessary.
16        Alcoholic liquors may be sold at retail or  dispensed  at
17    the  Rockford  State  Office Building by (1) an agency of the
18    State, whether legislative, judicial or  executive,  provided
19    that  such agency first obtains written permission to sell or
20    dispense alcoholic liquors from  the  Department  of  Central
21    Management Services, or by (2) a not-for-profit organization,
22    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
26        manner  that  does  not impair normal operations of State
27        offices located in the building;
28             c.  Sells or dispenses  alcoholic  liquors  only  in
29        connection with an official activity in the building;
30             d.  Provides, or its catering service provides, dram
31        shop  liability  insurance in maximum coverage limits and
32        in which the carrier agrees to defend, save harmless  and
33        indemnify  the State of Illinois from all financial loss,
34        damage or harm arising out of the selling  or  dispensing
 
                            -45-           LRB9216105JMmbam12
 1        of alcoholic liquors.
 2        Nothing  in  this  Act  shall  prevent  a  not-for-profit
 3    organization  or  agency  of  the  State  from  employing the
 4    services of a  catering  establishment  for  the  selling  or
 5    dispensing  of  alcoholic  liquors at functions authorized by
 6    the Department of Central Management Services.
 7        Alcoholic liquors may be sold or delivered in a  building
 8    that is owned by McLean County, situated on land owned by the
 9    county  in  the  City  of Bloomington, and used by the McLean
10    County Historical Society if the sale or delivery is approved
11    by  an  ordinance  adopted  by  the  county  board,  and  the
12    municipality  in  which  the  building  is  located  may  not
13    prohibit that sale or  delivery,  notwithstanding  any  other
14    provision  of  this  Section.  The regulation of the sale and
15    delivery of alcoholic liquor in a building that is  owned  by
16    McLean County, situated on land owned by the county, and used
17    by  the  McLean County Historical Society as provided in this
18    paragraph is an exclusive power and function of the State and
19    is a denial and limitation  under  Article  VII,  Section  6,
20    subsection (h) of the Illinois Constitution of the power of a
21    home rule municipality to regulate that sale and delivery.
22        Alcoholic  liquors  may  be  sold  or  delivered  in  any
23    building  situated  on  land  held  in  trust  for any school
24    district organized under Article 34 of the  School  Code,  if
25    the  building is not used for school purposes and if the sale
26    or delivery is approved by the board of education.
27        Alcoholic liquors may be sold or delivered  in  buildings
28    owned  by  the  Community Building Complex Committee of Boone
29    County,  Illinois  if  the  person  or  facility  selling  or
30    dispensing  the  alcoholic  liquor  has  provided  dram  shop
31    liability insurance with coverage and  in  amounts  that  the
32    Committee reasonably determines are necessary.
33        Alcoholic  liquors  may  be  sold  or  delivered  in  the
34    building  located  at  1200 Centerville Avenue in Belleville,
 
                            -46-           LRB9216105JMmbam12
 1    Illinois and occupied by either the Belleville  Area  Special
 2    Education  District  or  the Belleville Area Special Services
 3    Cooperative.
 4    (Source:  P.A. 91-239,  eff.  1-1-00;  91-922,  eff.  7-7-00;
 5    92-512, eff. 1-1-02.)

 6                             ARTICLE 25

 7        Section  25-23.  The Legislative Materials Act is amended
 8    by changing Section 1 as follows:

 9        (25 ILCS 105/1) (from Ch. 63, par. 801)
10        Sec. 1. Fees.
11        (a)  The  Clerk  of  the  House  of  Representatives  may
12    establish a schedule of reasonable fees  to  be  charged  for
13    providing  copies  of  daily  and  bound  journals, committee
14    documents,  committee   tape   recordings,   transcripts   of
15    committee  proceedings,  and committee notices, for providing
16    copies of bills on a continuing or individual basis, and  for
17    providing  tape  recordings  and transcripts of floor debates
18    and other proceedings of the House.
19        (b)  The Secretary of the Senate may establish a schedule
20    of reasonable fees to be  charged  for  providing  copies  of
21    daily  and  bound  journals, committee notices, for providing
22    copies of bills on a continuing or individual basis, and  for
23    providing  tape  recordings  and transcripts of floor debates
24    and other proceedings of the Senate.
25        (c)  The Clerk of the House of  Representatives  and  the
26    Secretary   of   the  Senate  may  establish  a  schedule  of
27    reasonable fees to be charged for  providing  live  audio  of
28    floor   debates   and  other  proceedings  of  the  House  of
29    Representatives and the Senate.  The Clerk and the  Secretary
30    shall  have complete discretion over the distribution of live
31    audio under this subsection (c),  including  discretion  over
 
                            -47-           LRB9216105JMmbam12
 1    the  conditions  under which live audio shall be distributed,
 2    except that live audio shall be distributed  to  the  General
 3    Assembly  and  its  staffs.   Nothing  in this subsection (c)
 4    shall be construed to create an obligation on the part of the
 5    Clerk or Secretary to provide live audio  to  any  person  or
 6    entity other than to the General Assembly and its staffs.
 7        (c-5)  The  Clerk of the House of Representatives, to the
 8    extent  authorized  by  the  House  Rules,  may  establish  a
 9    schedule of reasonable fees to be charged to members for  the
10    preparation,  filing,  and  reproduction  of  non-substantive
11    resolutions.
12        (c-10)  Through  December 31, 2003 2002, the Clerk of the
13    House of Representatives may sell to a member, or any  member
14    of the 92nd General Assembly, of the House of Representatives
15    one or more of the chairs that comprise member seating in the
16    House  chamber.   The  Clerk must charge the original cost of
17    the chairs.
18        (c-15)  Through December 31, 2003 2002, the Secretary  of
19    the  Senate  may  sell to a member, or any member of the 92nd
20    General Assembly, of the Senate one or  more  of  the  chairs
21    that  comprise  member  seating  in  the Senate chamber.  The
22    Secretary must charge the original cost of the chairs.
23        (d)  Receipts from all fees and charges established under
24    this  Section  shall  be  deposited  by  the  Clerk  and  the
25    Secretary into  the  General  Assembly  Operations  Revolving
26    Fund,  a  special fund in the State treasury.  Amounts in the
27    Fund may be appropriated for the operations of the offices of
28    the Clerk of the House of Representatives and  the  Secretary
29    of  the Senate, including the replacement of items sold under
30    subsections (c-10) and (c-15).
31    (Source: P.A. 92-11, eff. 6-11-01.)

32                             ARTICLE 30
 
                            -48-           LRB9216105JMmbam12
 1        Section  30-5.  The  Illinois   State   Agency   Historic
 2    Resources  Preservation  Act is amended by changing Section 5
 3    as follows:

 4        (20 ILCS 3420/5) (from Ch. 127, par. 133c25)
 5        Sec. 5.  Responsibilities of  the  Historic  Preservation
 6    Agency, Division of Preservation Services.
 7        (a)  The  Director  shall  include in the Agency's annual
 8    report an outline of State agency actions  on  which  comment
 9    was requested or issued under this Act.
10        (b)  The  Director  shall  maintain a current list of all
11    historic resources owned, operated, or leased  by  the  State
12    and  appropriate  maps  indicating  the  location of all such
13    resources.  These maps shall be in a form  available  to  the
14    public  and  State  agencies,  except  that  the  location of
15    archaeological resources shall be excluded.
16        (c)  The Director shall make rules and issue  appropriate
17    guidelines  to  implement this Act.  These shall include, but
18    not  be  limited  to,   regulations   for   holding   on-site
19    inspections,  public  information meetings and procedures for
20    consultation, mediation, and  resolutions  by  the  Committee
21    pursuant to subsections (e) and (f) of Section 4.
22        (d)  The Director shall (1) assist, to the fullest extent
23    possible,  the  State  agencies  in  their  identification of
24    properties  for  inclusion  in  an  inventory   of   historic
25    resources,  including  provision  of criteria for evaluation;
26    (2) provide information concerning professional  methods  and
27    techniques   for   preserving,   improving,   restoring,  and
28    maintaining  historic  resources  when  requested  by   State
29    agencies;  and  (3)  help  facilitate State agency compliance
30    with this Act.
31        (e)  The Director shall  monitor  the  implementation  of
32    actions  of  each  State  agency which have an effect, either
33    adverse or beneficial, on an historic resource.
 
                            -49-           LRB9216105JMmbam12
 1        (f)  The   Agency   shall   manage   and   control    the
 2    preservation,  conservation,  inventory, and analysis of fine
 3    and  decorative  arts,  furnishings,  and  artifacts  of  the
 4    Illinois Executive Mansion  in  Springfield,  the  Governor's
 5    offices  in  the  Capitol  in  Springfield  and  the James R.
 6    Thompson Center in Chicago, and the Hayes House  in  DuQuoin.
 7    The  Agency shall manage the preservation and conservation of
 8    the buildings and grounds of the Illinois  Executive  Mansion
 9    in  Springfield.  The Governor shall appoint a Curator of the
10    Executive Mansion, with the advice and consent of the Senate,
11    to assist the Agency in carrying out the  duties  under  this
12    item  (f).  The person appointed Curator must have experience
13    in historic preservation or as a curator. The  Curator  shall
14    serve  at  the  pleasure  of the Governor. The Governor shall
15    determine the compensation of the Curator, which shall not be
16    diminished during the term of appointment.
17    (Source: P.A. 86-707.)

18                             ARTICLE 99

19        Section 99-99.  Effective date.  This Act takes effect on
20    July 1, 2002.".

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