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Public Act 102-0985


 

Public Act 0985 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0985
 
SB0302 EnrolledLRB102 10757 RJF 16086 b

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

Effective Date: 1/1/2023