Public Act 096-0557
HB0037 Enrolled LRB096 02981 JAM 12995 b

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

Effective Date: 8/18/2009