| 
 | ||||
| Public Act 100-0695 | ||||
| 
 | ||||
| 
   | ||||
|     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 Employee Housing Act is amended  by  | ||||
| changing Sections 5-5, 5-15, 5-20, 5-25, 5-30, and 5-35 as  | ||||
| follows:
 | ||||
|     (5 ILCS 412/5-5)
 | ||||
|     Sec. 5-5. Policy development. The
Department of  | ||||
| Corrections, the Department of Natural Resources Historic  | ||||
| Preservation Agency, the University of
Illinois, and the  | ||||
| University of Illinois Foundation shall each develop a policy
 | ||||
| on housing for State employees that addresses the following:
 | ||||
|         (1) Purpose of providing housing.
 | ||||
|         (2) Application procedures.
 | ||||
|         (3) Eligibility.
 | ||||
|         (4) Tenant selection criteria.
 | ||||
|         (5) Accounting for housing in employee compensation.
 | ||||
|         (6) Employee responsibilities that necessitate  | ||||
| State-provided housing.
 | ||||
|         (7) Procedures for setting and adjusting rent,  | ||||
| security deposits, and
utility payments.
 | ||||
|         (8) Documented justification for State ownership of  | ||||
| each house or
property.
 | ||||
| (Source: P.A. 97-916, eff. 8-9-12.)
 | ||
|     (5 ILCS 412/5-15)
 | ||
|     Sec. 5-15. Rental housing. The Department
of Corrections,  | ||
| the Department of Natural Resources Historic Preservation  | ||
| Agency, the Department of
Transportation, the University of  | ||
| Illinois, and the University of Illinois
Foundation shall each  | ||
| analyze the need for providing low-rent housing to its
 | ||
| employees and shall consider alternatives to State-owned  | ||
| housing.  Rent charged
for State-owned housing shall be  | ||
| evaluated every 3 years for adjustments,
including that  | ||
| necessitated by changing economic conditions.
 | ||
| (Source: P.A. 97-916, eff. 8-9-12.)
 | ||
|     (5 ILCS 412/5-20)
 | ||
|     Sec. 5-20. Security deposit. The
Department of  | ||
| Corrections, the Department of Transportation, the Department  | ||
| of Natural Resources Historic
Preservation Agency, the  | ||
| University of Illinois, and the University of Illinois
 | ||
| Foundation shall each analyze the need for all employee and  | ||
| non-employee
tenants of State-owned housing to pay a reasonable  | ||
| security deposit and may
each collect security deposits and  | ||
| maintain them in interest-bearing accounts.
 | ||
| (Source: P.A. 97-916, eff. 8-9-12.)
 | ||
|     (5 ILCS 412/5-25)
 | ||
|     Sec. 5-25. Utilities. The Department of
Corrections, the  | ||
| Department of Natural Resources Historic Preservation Agency,  | ||
| and the University of Illinois
may each require its employees  | ||
| for whom it provides housing to pay their own
utilities.  If  | ||
| direct utility payment is required, a utility schedule shall be
 | ||
| established for employees who can not directly pay utilities  | ||
| due to extenuating
circumstances, such as occupancy of  | ||
| dormitories not individually metered.
 | ||
| (Source: P.A. 97-916, eff. 8-9-12.)
 | ||
|     (5 ILCS 412/5-30)
 | ||
|     Sec. 5-30. Tenant selection. The
Department of  | ||
| Corrections, the Department of Natural Resources Historic  | ||
| Preservation Agency, the Department of
Transportation, the  | ||
| University of Illinois, and the University of Illinois
 | ||
| Foundation shall each develop and maintain application forms  | ||
| for its
State-owned housing, written criteria for selecting  | ||
| employee tenants, and
records of decisions as to who was  | ||
| selected to receive State housing and why
they were selected.
 | ||
| (Source: P.A. 97-916, eff. 8-9-12.)
 | ||
|     (5 ILCS 412/5-35)
 | ||
|     Sec. 5-35. Housing justification. The Department of  | ||
| Natural Resources
Historic Preservation Agency, and the  | ||
| University of Illinois shall each develop
written criteria for  | ||
| determining which employment positions necessitate
provision  | ||
| of State housing.  The criteria shall include the specific
 | ||
| employee responsibilities that can only be performed  | ||
| effectively by occupying
State housing.
 | ||
| (Source: P.A. 97-916, eff. 8-9-12.)
 | ||
|     Section 7. The Department of Natural Resources Act is  | ||
| amended by adding Section 1-45 as follows: | ||
|     (20 ILCS 801/1-45 new) | ||
|     Sec. 1-45. Report on transfer of the powers and duties of  | ||
| the Historic Preservation Agency to the Department. | ||
|     The Department of Natural Resources shall, on or before  | ||
| December 31, 2018 and annually thereafter for 3 calendar years,  | ||
| provide a report to the General Assembly that includes an  | ||
| analysis of the effect the transfer of the powers and duties  | ||
| from the Historic Preservation Agency to the Department under  | ||
| this amendatory Act of the 100th General Assembly had on State  | ||
| government and State taxpayers. The report shall also include  | ||
| recommendations for further legislation relating to the  | ||
| implementation of the reorganization. A copy of each report  | ||
| shall be filed with the General Assembly as provided under  | ||
| Section 3.1 of the General Assembly Organization Act. | ||
|     Section 10. The Interagency Wetland Policy Act of 1989 is  | ||
| amended  by changing Section 2-1 as follows:
 | ||
|     (20 ILCS 830/2-1)  (from Ch. 96 1/2, par. 9702-1)
 | ||
|     Sec. 2-1. Interagency Wetlands Committee. An Interagency  | ||
| Wetlands
Committee, chaired by the Director of Natural  | ||
| Resources or his or her
representative, is established.  The  | ||
| Directors of the following agencies,
or their respective  | ||
| representatives, shall serve as
members of the Committee:
 | ||
|     Capital Development Board,
 | ||
|     Department of Agriculture,
 | ||
|     Department of Commerce and Economic Opportunity,
 | ||
|     Environmental Protection Agency, and 
 | ||
|     Department of Transportation., and
 | ||
|     Historic Preservation Agency.
 | ||
|     The Interagency Wetlands Committee shall also include 2  | ||
| additional persons
with relevant expertise designated by the  | ||
| Director of Natural Resources.
 | ||
|     The Interagency Wetlands Committee shall advise the  | ||
| Director in the
administration of this Act.  This will include:
 | ||
|         (a) Developing rules and regulations for the  | ||
| implementation and
administration of this Act.
 | ||
|         (b) Establishing guidelines for developing individual  | ||
| Agency Action Plans.
 | ||
|         (c) Developing and adopting technical procedures for  | ||
| the consistent
identification, delineation and evaluation  | ||
| of existing wetlands and
quantification of their  | ||
| functional values and the evaluation of wetland
 | ||
| restoration or creation projects.
 | ||
|         (d) Developing a research program for wetland  | ||
| function, restoration
and creation.
 | ||
|         (e) Preparing reports, including:
 | ||
|             (1) A biennial report to the Governor and the  | ||
| General Assembly on the
impact of State supported  | ||
| activities on wetlands.
 | ||
|             (2) A comprehensive report on the status of the  | ||
| State's wetland
resources, including recommendations  | ||
| for additional programs, by
January 15, 1991.
 | ||
|         (f) Development of educational materials to promote  | ||
| the protection
of wetlands.
 | ||
| (Source: P.A. 94-793, eff. 5-19-06.)
 | ||
|     Section 15. The State Parks Designation Act is amended  by  | ||
| changing Section 1 as follows:
 | ||
|     (20 ILCS 840/1)  (from Ch. 105, par. 468g)
 | ||
|     Sec. 1. The following described areas are
designated State  | ||
| Parks and have the names herein ascribed to them:
 | ||
|     Adeline Jay Geo-Karis Illinois Beach State Park, in Lake  | ||
| County;
 | ||
|     Apple River Canyon State Park, in Jo Daviess County;
 | ||
|     Argyle Lake State Park, in McDonough County;
 | ||
|     Beaver Dam State Park, in Macoupin County;
 | ||
|     Buffalo Rock State Park, in La Salle County;
 | ||
|     Castle Rock State Park, in Ogle County;
 | ||
|     Cave-in-Rock State Park, in Hardin County;
 | ||
|     Chain O'Lakes State Park, in Lake and McHenry Counties;
 | ||
|     Delabar State Park, in Henderson County;
 | ||
|     Dixon State Park, in Lee County;
 | ||
|     Dixon Springs State Park, in Pope County;
 | ||
|     Eagle Creek State Park, in Shelby County;
 | ||
|     Eldon Hazlet State Park, in Clinton County;
 | ||
|     Ferne Clyffe State Park, in Johnson County;
 | ||
|     Fort Creve Coeur State Park, in Tazewell County;
 | ||
|     Fort Defiance State Park, in Alexander County;
 | ||
|     Fort Massac State Park, in Massac County;
 | ||
|     Fox Ridge State Park, in Coles County;
 | ||
|     Frank Holten State Park, in St.  Clair County;
 | ||
|     Funk's Grove State Park, in McLean County;
 | ||
|     Gebhard Woods State Park, in Grundy County;
 | ||
|     Giant City State Park, in Jackson and Union Counties;
 | ||
|     Goose Lake Prairie State Park, in Grundy County;
 | ||
|     Hazel and Bill Rutherford Wildlife Prairie State Park, in  | ||
| Peoria County;
 | ||
|     Hennepin Canal Parkway State Park, in Bureau, Henry, Rock  | ||
| Island, Lee and
Whiteside Counties;
 | ||
|     Horseshoe Lake State Park, in Madison and St.  Clair  | ||
| Counties;
 | ||
|     Illini State Park, in La Salle County;
 | ||
|     Illinois and Michigan Canal State Park, in the counties of  | ||
| Cook,
Will, Grundy, DuPage and La Salle;
 | ||
|     Johnson Sauk Trail State Park, in Henry County;
 | ||
|     Jubilee College State Park, in Peoria County,
excepting  | ||
| Jubilee College State Historic Site as described
in Section 7.1  | ||
| of the Historic Preservation Agency Act;
 | ||
|     Kankakee River State Park, in Kankakee and Will Counties;
 | ||
|     Kickapoo State Park, in Vermilion County;
 | ||
|     Lake Le-Aqua-Na State Park, in Stephenson County;
 | ||
|     Lake Murphysboro State Park, in Jackson County;
 | ||
|     Laurence C.  Warren State Park, in Cook County;
 | ||
|     Lincoln Trail Homestead State Park, in Macon County;
 | ||
|     Lincoln Trail State Park, in Clark County;
 | ||
|     Lowden State Park, in Ogle County;
 | ||
|     Matthiessen State Park, in La Salle County;
 | ||
|     McHenry Dam and Lake Defiance State Park, in McHenry  | ||
| County;
 | ||
|     Mississippi Palisades State Park, in Carroll County;
 | ||
|     Moraine View State Park, in McLean County;
 | ||
|     Morrison-Rockwood State Park, in Whiteside County;
 | ||
|     Nauvoo State Park, in Hancock County, containing Horton  | ||
| Lake;
 | ||
|     Pere Marquette State Park, in Jersey County;
 | ||
|     Prophetstown State Park, in Whiteside County;
 | ||
|     Pyramid State Park, in Perry County;
 | ||
|     Railsplitter State Park, in Logan County;
 | ||
|     Ramsey Lake State Park, in Fayette County;
 | ||
|     Red Hills State Park, in Lawrence County;
 | ||
|     Rock Cut State Park, in Winnebago County, containing Pierce  | ||
| Lake;
 | ||
|     Rock Island Trail State Park, in Peoria and Stark Counties;
 | ||
|     Sam Parr State Park, in Jasper County;
 | ||
|     Sangchris Lake State Park, in Christian and Sangamon  | ||
| Counties;
 | ||
|     Shabbona Lake and State Park, in DeKalb County;
 | ||
|     Siloam Springs State Park, in Brown and Adams Counties;
 | ||
|     Silver Springs State Park, in Kendall County;
 | ||
|     South Shore State Park, in Clinton County;
 | ||
|     Spitler Woods State Park, in Macon County;
 | ||
|     Starved Rock State Park, in La Salle County;
 | ||
|     Stephen A.  Forbes State Park, in Marion County;
 | ||
|     Walnut Point State Park, in Douglas County;
 | ||
|     Wayne Fitzgerrell State Park, in Franklin County;
 | ||
|     Weinberg-King State Park, in Schuyler County;
 | ||
|     Weldon Springs State Park, in DeWitt County;
 | ||
|     White Pines Forest State Park, in Ogle County;
 | ||
|     William G.  Stratton State Park, in Grundy County;
 | ||
|     Wolf Creek State Park, in Shelby County.
 | ||
| (Source: P.A. 94-1042, eff. 7-24-06.)
 | ||
|     Section 20. The Outdoor Recreation Resources Act is amended   | ||
| by changing Sections 2a, 3a, 4a, and 5a as follows:
 | ||
|     (20 ILCS 860/2a)  (from Ch. 105, par. 532a)
 | ||
|     Sec. 2a. The Department of Natural Resources Historic  | ||
| Preservation Agency is authorized to have prepared
with the  | ||
| Department of Commerce and Economic Opportunity and to
 | ||
| maintain, and keep up-to-date a comprehensive plan for the
 | ||
| preservation of the
historically significant properties and  | ||
| interests of the State.
 | ||
| (Source: P.A. 94-793, eff. 5-19-06.)
 | ||
|     (20 ILCS 860/3a)  (from Ch. 105, par. 533a)
 | ||
|     Sec. 3a. 
The Department of Natural Resources Historic  | ||
| Preservation Agency is authorized to survey, design,
develop,  | ||
| operate, and maintain
historically significant properties and  | ||
| interests
of the State; and to acquire land, waters,  | ||
| structures, and interests in land,
waters and structures for  | ||
| such historic properties
and interests.  It may enter into  | ||
| contracts and
agreements with the United States or any  | ||
| appropriate agency thereof,
keep financial and other records  | ||
| relating thereto, and furnish to
appropriate officials and  | ||
| agencies of the United States such reports and
information as  | ||
| may be reasonably necessary to enable such officials and
 | ||
| agencies to perform their duties under such programs. In  | ||
| connection with
obtaining for the State of Illinois the  | ||
| benefits of any such program,
the Department of Natural  | ||
| Resources Historic Preservation Agency shall
coordinate its  | ||
| activities with and represent the interests
of individuals,  | ||
| private organizations and units of government in the survey,
 | ||
| planning and development of historically significant  | ||
| properties and interests
in the State.
 | ||
| (Source: P.A. 84-25.)
 | ||
|     (20 ILCS 860/4a)  (from Ch. 105, par. 534a)
 | ||
|     Sec. 4a. 
The Department of Natural Resources Historic  | ||
| Preservation Agency is authorized to receive
Federal monies for  | ||
| the survey, acquisition, planning and development
of  | ||
| historically significant properties and interests.
Monies so  | ||
| received shall be placed in the Illinois Historic Sites Fund in
 | ||
| the State Treasury. The State Treasurer shall, ex
officio, be  | ||
| the custodian of such fund. Subject to appropriation,
such fund  | ||
| shall be drawn upon by the Department Agency
or disbursed by  | ||
| the State Treasurer to local governmental
units or other  | ||
| qualified participants upon the direction of the Department  | ||
| Agency.
 | ||
| (Source: P.A. 84-25.)
 | ||
|     (20 ILCS 860/5a)  (from Ch. 105, par. 535a)
 | ||
|     Sec. 5a. 
Projects involving participating Federal-aid  | ||
| funds may be
undertaken by the Department of Natural Resources  | ||
| Historic Preservation Agency after it has been
determined that  | ||
| sufficient funds are available to the Department Agency for
 | ||
| meeting the non-federal share of project costs. It is the  | ||
| legislative
intent that, to such extent as may be necessary to  | ||
| assure the proper
operation, maintenance and preservation of
 | ||
| historic properties and interests surveyed, acquired or  | ||
| developed
pursuant to any program participated in by this State  | ||
| under authority of
this Act, such historic properties and  | ||
| interests shall
be publicly maintained for
historic  | ||
| preservation purposes. The Department of Natural Resources  | ||
| Historic Preservation Agency
may enter
into and administer  | ||
| agreements with the United States or any appropriate
agency  | ||
| thereof for survey, planning, acquisition, development and  | ||
| preservation projects
involving participating Federal-aid  | ||
| funds on behalf of any county, city,
other governmental unit or  | ||
| qualified participant provided such county, city, other local
 | ||
| governmental unit or qualified participant gives necessary  | ||
| assurances to
the Department of Natural Resources Historic  | ||
| Preservation Agency
that it has available sufficient funds to  | ||
| meet its share of
the cost of the project and that the  | ||
| surveyed, acquired or developed
historic properties and  | ||
| interests will be
operated and maintained at its expense for
 | ||
| historic preservation purposes.
 | ||
| (Source: P.A. 84-25.)
 | ||
|     Section 25. The Historic Preservation Agency Act is amended   | ||
| by changing Sections 1, 2, 6, 8, 11, 12, 13, 14, 15, 16, 19, 22,  | ||
| and 35 and  by adding Sections 3.1 and 4.5 as follows:
 | ||
|     (20 ILCS 3405/1)  (from Ch. 127, par. 2701)
 | ||
|     Sec. 1. 
This Article shall be known and may be cited as the  | ||
| "Historic
Preservation Agency Act".
 | ||
| (Source: P.A. 84-25.)
 | ||
|     (20 ILCS 3405/2)  (from Ch. 127, par. 2702)
 | ||
|     Sec. 2. For the purposes of this Act: 
 | ||
|     (a) (Blank); "Agency" means the
Historic Preservation  | ||
| Agency;
 | ||
|     (b) (Blank); "Board" means the Board of Trustees of
the  | ||
| Historic Preservation Agency;
 | ||
|     (b-5) "Department" means the Department of Natural  | ||
| Resources.  | ||
|     (c) "Director" means the Director of Natural Resources
  | ||
| Historic Sites and Preservation;
 | ||
|     (d) (Blank);
 | ||
|     (e) (Blank);
 | ||
|     (f) (Blank); and
 | ||
|     (g) "Historic Sites and
Preservation Division"
means the  | ||
| Division of Historic Preservation within the Department of  | ||
| Natural Resources that part of the Agency that is headed by the  | ||
| Director of Historic
Sites and Preservation.
 | ||
| (Source: P.A. 100-120, eff. 8-18-17.)
 | ||
|     (20 ILCS 3405/3.1 new) | ||
|     Sec. 3.1. Agency abolished; functions transferred. | ||
|     (a) On the effective date of this amendatory Act of the  | ||
| 100th General Assembly, the Historic Preservation Agency,  | ||
| including the Board of Trustees, is hereby abolished and all  | ||
| powers, duties, rights, and responsibilities of the Historic  | ||
| Preservation Agency, except those functions relating to the  | ||
| Abraham Lincoln Presidential Library and Museum, shall be  | ||
| transferred to the Department of Natural Resources. The powers,  | ||
| duties, rights, and responsibilities related to the functions  | ||
| of the Historic Preservation Agency transferred under this  this  | ||
| amendatory Act of the 100th General Assembly shall be vested in  | ||
| and shall be exercised by the Department of Natural Resources.  | ||
| Each act done in the exercise of those powers, duties, rights,  | ||
| and responsibilities shall have the same legal effect as if  | ||
| done by the Historic Preservation Agency or its divisions,  | ||
| officers, or employees. | ||
|     (b) The personnel and positions within the Historic  | ||
| Preservation Agency shall be transferred to the Department of  | ||
| Natural Resources and shall continue their service within the  | ||
| Department of Natural Resources. The status and rights of those  | ||
| employees under the Personnel Code shall not be affected by  | ||
| this amendatory Act of the 100th General Assembly. The status  | ||
| and rights of the employees and the State of Illinois and its  | ||
| agencies under the Personnel Code, the Illinois Public Labor  | ||
| Relations Act, and applicable collective bargaining agreements  | ||
| or under any pension, retirement, or annuity plan, shall not be  | ||
| affected by this amendatory Act of the 100th General Assembly. | ||
|     (c) All books, records, papers, documents, property (real  | ||
| and personal), contracts, causes of action, and pending  | ||
| business pertaining to the powers, duties, rights, and  | ||
| responsibilities transferred by this amendatory Act of the  | ||
| 100th General Assembly from the Historic Preservation Agency to  | ||
| the Department of Natural Resources, including, but not limited  | ||
| to, material in electronic or magnetic format and necessary  | ||
| computer hardware and software, shall be transferred to the  | ||
| Department of Natural Resources. | ||
|     (d) With respect to the functions of the Historic  | ||
| Preservation Agency transferred under this amendatory Act of  | ||
| the 100th General Assembly, the Department of Natural Resources  | ||
| is the successor agency to the Historic Preservation Agency  | ||
| under the Successor Agency Act and Section 9b of the State  | ||
| Finance Act. All unexpended appropriations and balances and  | ||
| other funds available for use by the Historic Preservation  | ||
| Agency shall, under the direction of the Governor, be  | ||
| transferred for use by the Department of Natural Resources in  | ||
| accordance with this amendatory Act of the 100th General  | ||
| Assembly. Unexpended balances so transferred shall be expended  | ||
| by the Department of Natural Resources only for the purpose for  | ||
| which the appropriations were originally made. | ||
|     (e) The manner in which any official is appointed, except  | ||
| that when any provision of an Executive Order or Act provides  | ||
| for the membership of the Historic Preservation Agency on any  | ||
| council, commission, board, or other entity, the Director of  | ||
| Natural Resources or his or her designee shall serve in that  | ||
| place; if more than one  person is required by law to serve on  | ||
| any council, commission, board, or other entity, then an  | ||
| equivalent number of representatives of the Department of  | ||
| Natural Resources shall so serve. | ||
|     (f) Whenever reports or notices are required to be made or  | ||
| given or papers or documents furnished or served by any person  | ||
| to or upon the Historic Preservation Agency in connection with  | ||
| any of the powers, duties, rights, or responsibilities  | ||
| transferred by this amendatory Act of the 100th General  | ||
| Assembly, the same shall be made, given, furnished, or served  | ||
| in the same manner to or upon the Department of Natural  | ||
| Resources. | ||
|     (g) Any rules of the Historic Preservation Agency that  | ||
| relate to its powers, duties, rights, and responsibilities and  | ||
| are in full force on the effective date of this amendatory Act  | ||
| of the 100th General Assembly shall become the rules of the  | ||
| Department of Natural Resources. This amendatory Act of the  | ||
| 100th General Assembly does not affect the legality of any of  | ||
| those rules in the Illinois Administrative Code. Any proposed  | ||
| rule filed with the Secretary of State by the Historic  | ||
| Preservation Agency that is pending in the rulemaking process  | ||
| on the effective date of this amendatory Act of the 100th  | ||
| General Assembly and pertain to the powers, duties, rights, and  | ||
| responsibilities transferred, shall be deemed to have been  | ||
| filed by the Department of Natural Resources. As soon as  | ||
| practicable hereafter, the Department of Natural Resources  | ||
| shall revise and clarify the rules transferred to it under this  | ||
| amendatory Act of the 100th General Assembly to reflect the  | ||
| reorganization of powers, duties,
rights, and responsibilities  | ||
| affected by this amendatory Act of the 100th General Assembly,  | ||
| using the procedures for recodification of rules available  | ||
| under the Illinois Administrative Procedure Act, except that  | ||
| existing title, part, and section numbering for the affected  | ||
| rules may be retained. On and after the effective date of this  | ||
| amendatory Act of the 100th General Assembly, the Department of  | ||
| Natural Resources may propose and adopt, under the Illinois  | ||
| Administrative Procedure Act, any other rules that relate to  | ||
| the functions of the Historic Preservation Agency transferred  | ||
| to and that will now be administered by the Department of  | ||
| Natural Resources. | ||
|     (h) The transfer of powers, duties, rights, and  | ||
| responsibilities to the Department of Natural Resources under  | ||
| this amendatory Act of the 100th General Assembly does not  | ||
| affect any person's rights, obligations, or duties, including  | ||
| any civil or criminal penalties applicable, arising out of  | ||
| those transferred powers, duties, rights, and  | ||
| responsibilities. | ||
|     (i) This amendatory Act of the 100th General Assembly does  | ||
| not affect any act done, ratified, or canceled, or any right  | ||
| occurring or established, or any action or proceeding had or  | ||
| commenced in an administrative, civil, or criminal cause by the  | ||
| Historic Preservation Agency before the effective date of this  | ||
| amendatory Act of the 100th General Assembly; those actions or  | ||
| proceedings may be defended, prosecuted, or continued by the  | ||
| Department of Natural Resources. | ||
|     (j) This amendatory Act of the 100th General Assembly does  | ||
| not contravene, and shall not be construed to contravene, any  | ||
| State statute except as provided in this Section or federal  | ||
| law. | ||
|     (20 ILCS 3405/4.5 new) | ||
|     Sec. 4.5. Division of Historic Preservation. | ||
|     On and after the effective date this amendatory Act of the  | ||
| 100th General Assembly, the Division of Historic Preservation  | ||
| of the Department of Natural Resources Office of Land  | ||
| Management shall exercise all
rights, powers, and duties
vested  | ||
| in the Historic Sites and
Preservation Division. The head of  | ||
| the Division shall be known as the Division Manager of Historic  | ||
| Preservation. The Department of Natural Resources may employ or  | ||
| retain other persons to assist in the discharge of its  | ||
| functions under this Act, subject to the Personnel Code and any  | ||
| other applicable Department policies.
 | ||
|     (20 ILCS 3405/6)  (from Ch. 127, par. 2706)
 | ||
|     Sec. 6. Jurisdiction. The Historic Sites and Preservation  | ||
| Division of the Department Agency shall have
jurisdiction over  | ||
| the
following
described areas which are
hereby designated as  | ||
| State Historic Sites, State Memorials, and
Miscellaneous  | ||
| Properties:
 | ||
| State Historic Sites
 | ||
|     Bishop Hill State Historic Site, Henry County;
 | ||
|     Black Hawk State Historic Site, Rock Island County;
 | ||
|     Bryant Cottage State Historic Site, Piatt County;
 | ||
|     Buel House, Pope County;
 | ||
|     Cahokia Courthouse State Historic Site, St. Clair County;
 | ||
|     Cahokia Mounds State Historic Site, in Madison and St.  | ||
| Clair
Counties (however, the Illinois State Museum  | ||
| shall act as curator of
artifacts pursuant to the  | ||
| provisions of the Archaeological and
Paleontological  | ||
| Resources Protection Act);
 | ||
|     Dana-Thomas House State Historic Site, Sangamon County;
 | ||
|     David Davis Mansion State Historic Site, McLean County;
 | ||
|     Douglas Tomb State Historic Site, Cook County;
 | ||
|     Fort de Chartres State Historic Site, Randolph County;
 | ||
|     Fort Kaskaskia State Historic Site, Randolph County;
 | ||
|     Grand Village of the Illinois, LaSalle County;
 | ||
|     U. S. Grant Home State Historic Site, Jo Daviess County;
 | ||
|     Hotel Florence, Cook County;
 | ||
|     Jarrot Mansion State Historic Site, St. Clair County;
 | ||
|     Jubilee College State Historic Site, Peoria County;
 | ||
|     Lincoln-Herndon Law Offices State Historic Site, Sangamon  | ||
| County;
 | ||
|     Lincoln Log Cabin State Historic Site, Coles County;
 | ||
|     Lincoln's New Salem State Historic Site, Menard County;
 | ||
|     Lincoln Tomb State Historic Site, Sangamon County;
 | ||
|     Pierre Menard Home State Historic Site, Randolph County;
 | ||
|     Metamora Courthouse State Historic Site, Woodford County;
 | ||
|     Moore Home State Historic Site, Coles County;
 | ||
|     Mount Pulaski Courthouse State Historic Site, Logan  | ||
| County;
 | ||
|     Old Market House State Historic Site, Jo Daviess County;
 | ||
|     Old State Capitol State Historic Site, Sangamon County;
 | ||
|     Postville Courthouse State Historic Site, Logan County;
 | ||
|     Pullman Factory, Cook County;
 | ||
|     Rose Hotel, Hardin County;
 | ||
|     Carl Sandburg State Historic Site, Knox County;
 | ||
|     Shawneetown Bank State Historic Site, Gallatin County;
 | ||
|     Vachel Lindsay Home, Sangamon County;
 | ||
|     Vandalia State House State Historic Site, Fayette County;  | ||
| and
 | ||
|     Washburne House State Historic Site, Jo Daviess County.
 | ||
| State Memorials
 | ||
|     Campbell's Island State Memorial, Rock Island County;
 | ||
|     Governor Bond State Memorial, Randolph County;
 | ||
|     Governor Coles State Memorial, Madison County;
 | ||
|     Governor Horner State Memorial, Cook County;
 | ||
|     Governor Small State Memorial, Kankakee County;
 | ||
|     Illinois Vietnam Veterans State Memorial, Sangamon County;
 | ||
|     Kaskaskia Bell State Memorial, Randolph County;
 | ||
|     Korean War Memorial, Sangamon County;
 | ||
|     Lewis and Clark State Memorial, Madison County;
 | ||
|     Lincoln Monument State Memorial, Lee County;
 | ||
|     Lincoln Trail State Memorial, Lawrence County;
 | ||
|     Lovejoy State Memorial, Madison County;
 | ||
|     Norwegian Settlers State Memorial, LaSalle County; and
 | ||
|     Wild Bill Hickok State Memorial, LaSalle County.
 | ||
| Miscellaneous Properties
 | ||
|     Albany Mounds, Whiteside County;
 | ||
|     Emerald Mound, St. Clair County;
 | ||
|     Halfway Tavern, Marion County;
 | ||
|     Hofmann Tower, Cook County; and
 | ||
|     Kincaid Mounds, Massac and Pope Counties.
 | ||
| (Source: P.A. 92-600, eff. 7-1-02.)
 | ||
|     (20 ILCS 3405/8) | ||
|     Sec. 8. Business plans. The Department Agency shall create  | ||
| an individual business plan for each historic site related to  | ||
| Abraham Lincoln that is listed in Section 6 of this Act.  Each  | ||
| business plan must address ways to enhance tourism at the  | ||
| historic site and the historic aspect of each site.  The  | ||
| Department Agency may seek assistance from the Department of  | ||
| Commerce and Economic Opportunity when creating the business  | ||
| plans.  The Department Agency shall complete the business plans  | ||
| no later than January 1, 2008.
 | ||
| (Source: P.A. 95-156, eff. 8-14-07.)
 | ||
|     (20 ILCS 3405/11)  (from Ch. 127, par. 2711)
 | ||
|     Sec. 11. 
The Historic Sites and Preservation Division of  | ||
| the Department Agency
shall exercise all
rights, powers and  | ||
| duties
vested in the Department of Conservation by the  | ||
| "Illinois Historic
Preservation Act", approved August 14,  | ||
| 1976, as amended.
 | ||
| (Source: P.A. 92-600, eff. 7-1-02.)
 | ||
|     (20 ILCS 3405/12)  (from Ch. 127, par. 2712)
 | ||
|     Sec. 12. 
The Historic Sites and Preservation Division of  | ||
| the Department Agency
shall exercise all
rights, powers and  | ||
| duties
vested in the Department of Conservation by Section  | ||
| 63a34 of the Civil
Administrative Code of Illinois (renumbered;  | ||
| now Section 805-220 of the
Department of Natural Resources  | ||
| (Conservation) Law, 20 ILCS 805/805-220).
 | ||
| (Source: P.A. 91-239, eff. 1-1-00; 92-600, eff. 7-1-02.)
 | ||
|     (20 ILCS 3405/13)  (from Ch. 127, par. 2713)
 | ||
|     Sec. 13. 
The Historic Sites and Preservation Division of  | ||
| the Department Agency
shall exercise all
rights, powers and  | ||
| duties
vested in the Department of Conservation by "An Act  | ||
| relating to the
planning, acquisition and development of  | ||
| outdoor recreation resources and
facilities, and authorizing  | ||
| the participation by the State of Illinois its
political  | ||
| subdivisions and qualified participants in programs of Federal
 | ||
| assistance relating thereto", approved July 6, 1965, as  | ||
| amended, solely as
it relates to the powers, rights, duties and  | ||
| obligations heretofore
exercised by the Department of  | ||
| Conservation over historically significant
properties and  | ||
| interests of the State.
 | ||
| (Source: P.A. 92-600, eff. 7-1-02.)
 | ||
|     (20 ILCS 3405/14)  (from Ch. 127, par. 2714)
 | ||
|     Sec. 14. 
The Historic Sites and Preservation Division of  | ||
| the Department Agency
shall exercise all
rights,
powers and  | ||
| duties set forth
in Sections 10-40 through 10-85 of the  | ||
| Property Tax Code.
 | ||
| (Source: P.A. 92-600, eff. 7-1-02.)
 | ||
|     (20 ILCS 3405/15)  (from Ch. 127, par. 2715)
 | ||
|     Sec. 15. 
The Historic Sites and Preservation Division of  | ||
| the Department Agency
shall exercise all
rights, powers and  | ||
| duties
vested in the Department of Conservation by Section  | ||
| 4-201.5 of the
"Illinois Highway Code", approved June 8, 1959,  | ||
| as amended, solely as it
relates to access to historic sites  | ||
| and memorials designated pursuant to this
Act.
 | ||
| (Source: P.A. 92-600, eff. 7-1-02.)
 | ||
|     (20 ILCS 3405/16)  (from Ch. 127, par. 2716)
 | ||
|     Sec. 16. The Historic Sites and Preservation Division of  | ||
| the Department Agency
shall have the following
additional  | ||
| powers:
 | ||
|     (a) To hire agents and employees necessary to carry out the  | ||
| duties and
purposes of the Historic Sites and Preservation  | ||
| Division of the Department Agency.
 | ||
|     (b) To take all measures necessary to erect, maintain,  | ||
| preserve, restore,
and conserve all State Historic Sites and  | ||
| State Memorials, except when
supervision and maintenance is  | ||
| otherwise provided by law.  This
authorization includes the  | ||
| power, with the consent of the Board, to enter
into contracts,  | ||
| acquire and
dispose of real and personal property, and enter  | ||
| into leases of real and
personal property. The Department  | ||
| Agency has the power to acquire, for purposes authorized by  | ||
| law, any real property in fee simple subject to a life estate  | ||
| in the seller in not more than 3 acres of the real property  | ||
| acquired, subject to the restrictions that the life estate  | ||
| shall be used for residential purposes only and that it shall  | ||
| be non-transferable.
 | ||
|     (c) To provide recreational facilities, including  | ||
| campsites, lodges and
cabins, trails, picnic areas, and related  | ||
| recreational facilities, at all
sites under the jurisdiction of  | ||
| the Department Agency.
 | ||
|     (d) To lay out, construct, and maintain all needful roads,  | ||
| parking areas,
paths or trails, bridges, camp or lodge sites,  | ||
| picnic areas, lodges and
cabins, and any other structures and  | ||
| improvements necessary and appropriate
in any State historic  | ||
| site or easement thereto; and to provide water
supplies, heat  | ||
| and light, and sanitary facilities for the public and living
 | ||
| quarters for the custodians and keepers of State historic  | ||
| sites.
 | ||
|     (e) To grant licenses and rights-of-way within the areas  | ||
| controlled
by the Historic Sites and Preservation Division of  | ||
| the Department Agency for the
construction, operation,
and  | ||
| maintenance upon,
under or across the property, of facilities  | ||
| for water, sewage, telephone,
telegraph, electric, gas, or  | ||
| other public service, subject to the terms and
conditions as  | ||
| may be determined by the Department Agency.
 | ||
|     (f) To authorize the officers, employees, and agents of the  | ||
| Historic Sites
and Preservation
Division of the Department  | ||
| Agency,
for the purposes of investigation and to exercise the  | ||
| rights,
powers, and duties vested and that may be vested in it,  | ||
| to enter and cross
all lands and waters in this State, doing no  | ||
| damage to private property.
 | ||
|     (g) To transfer jurisdiction of or exchange any realty  | ||
| under the
control of the Historic Sites and Preservation  | ||
| Division of the Department Agency to
any other Department of
 | ||
| the State Government,
or to any agency of the Federal  | ||
| Government, or to acquire or accept Federal
lands, when any  | ||
| transfer, exchange, acquisition, or acceptance is
advantageous  | ||
| to the State and is approved in writing by the Governor.
 | ||
|     (h) To erect, supervise, and maintain all public monuments  | ||
| and memorials
erected by the State, except when the supervision  | ||
| and maintenance of
public monuments and memorials is otherwise  | ||
| provided by law.
 | ||
|     (i) To accept, hold, maintain, and administer, as trustee,  | ||
| property given
in trust for educational or historic purposes  | ||
| for the benefit of the People
of the State of Illinois and to  | ||
| dispose, with the consent of the Board, of
any property under  | ||
| the terms of the
instrument creating the trust.
 | ||
|     (j) To lease concessions on any property under the  | ||
| jurisdiction of the
Department Agency for a period not  | ||
| exceeding 25 years and to lease a concession
complex at  | ||
| Lincoln's New Salem State Historic Site for which a cash
 | ||
| incentive has been authorized under Section 5.1 of this the  | ||
| Historic
Preservation Agency Act for a period not to exceed 40  | ||
| years.  All
leases, for whatever period, shall be made subject  | ||
| to the written approval
of the Governor.  All concession leases  | ||
| extending for a period in excess of
10 years, will contain  | ||
| provisions for the Department Agency to participate, on a
 | ||
| percentage basis, in the revenues generated by any concession  | ||
| operation.
 | ||
|     The Department Agency is authorized to allow for provisions  | ||
| for a reserve account and a leasehold account within Department  | ||
| Agency concession lease agreements for the purpose of setting  | ||
| aside revenues for the maintenance, rehabilitation, repair,  | ||
| improvement, and replacement of the concession facility,  | ||
| structure, and equipment of the Department Agency that are part  | ||
| of the leased premises. | ||
|     The lessee shall be required to pay into the reserve  | ||
| account a percentage of gross receipts, as set forth in the  | ||
| lease, to be set aside and expended in a manner acceptable to  | ||
| the Department Agency by the concession lessee for the purpose  | ||
| of ensuring that an appropriate amount of the lessee's moneys  | ||
| are provided by the lessee to satisfy the lessee's incurred  | ||
| responsibilities for the operation of the concession facility  | ||
| under the terms and conditions of the concession lease. | ||
|     The lessee account shall allow for the amortization of  | ||
| certain authorized expenses that are incurred by the concession  | ||
| lessee but that are not an obligation of the lessee under the  | ||
| terms and conditions of the lease agreement.  The Department  | ||
| Agency may allow a reduction of up to 50% of the monthly rent  | ||
| due for the purpose of enabling the recoupment of the lessee's  | ||
| authorized expenditures during the term of the lease.
 | ||
|     (k) To sell surplus agricultural products grown on land  | ||
| owned by or
under the jurisdiction of the Historic Sites and  | ||
| Preservation Division of
the Department Agency, when the
 | ||
| products cannot be used
by the Department Agency.
 | ||
|     (l) To enforce the laws of the State and the rules and  | ||
| regulations of the Department
Agency in or on any lands owned,  | ||
| leased, or managed by the Historic Sites and
Preservation
 | ||
| Division of the Department Agency.
 | ||
|     (m) To cooperate with private organizations and agencies of  | ||
| the
State of Illinois by providing areas and the use of staff  | ||
| personnel
where feasible for the sale of publications on the  | ||
| historic and cultural
heritage of the State and craft items  | ||
| made by Illinois craftsmen.  These
sales shall not conflict with  | ||
| existing concession agreements.  The
Historic Sites and  | ||
| Preservation Division of the Department Agency is authorized to
 | ||
| negotiate with the
organizations and
agencies for a portion of  | ||
| the monies received from sales to be returned
to the Historic  | ||
| Sites and Preservation Division of the Department's Agency's  | ||
| Historic
Sites Fund
for the
furtherance of interpretive
and  | ||
| restoration programs.
 | ||
|     (n) To establish local bank or savings and loan association
 | ||
| accounts, upon the written authorization of the Director, to  | ||
| temporarily
hold income received at any of its properties. The  | ||
| local accounts
established under this Section shall be in the  | ||
| name of the Department Historic
Preservation Agency and shall  | ||
| be subject to regular audits.  The balance in
a local bank or  | ||
| savings and loan association account shall be forwarded to
the  | ||
| Department Agency for deposit with the State Treasurer on  | ||
| Monday of each week if
the amount to be deposited in a fund  | ||
| exceeds $500.
 | ||
|     No bank or savings and loan association shall receive  | ||
| public funds as
permitted by this Section, unless it has  | ||
| complied with the requirements
established under Section 6 of  | ||
| the Public Funds Investment Act.
 | ||
|     (o) To accept, with the consent of the Board, offers of  | ||
| gifts,
gratuities, or grants from the federal
government, its  | ||
| agencies, or offices, or from any person, firm, or
corporation.
 | ||
|     (p) To make reasonable rules and regulations as may be  | ||
| necessary to
discharge the duties of the Department Agency.
 | ||
|     (q) With appropriate cultural organizations, to further  | ||
| and advance the
goals of the Department Agency.
 | ||
|     (r) To make grants for the purposes of planning, survey,  | ||
| rehabilitation,
restoration, reconstruction, landscaping, and  | ||
| acquisition of Illinois
properties (i) designated individually  | ||
| in the National
Register of Historic Places, (ii) designated as  | ||
| a landmark under a county or
municipal landmark ordinance, or  | ||
| (iii) located within a National Register of
Historic Places  | ||
| historic district or a locally designated historic district
 | ||
| when the Director determines that the property is of historic  | ||
| significance
whenever an
appropriation is made therefor by the  | ||
| General Assembly or whenever gifts or
grants are received for  | ||
| that purpose and to promulgate
regulations as may be necessary  | ||
| or desirable to carry out the purposes
of the grants.
 | ||
|     Grantees may, as prescribed by rule, be required to provide  | ||
| matching funds
for each grant.  Grants made under this  | ||
| subsection shall be known as Illinois
Heritage Grants.
 | ||
|     Every owner of a historic property, or the owner's agent,  | ||
| is eligible to
apply for a grant under this subsection.
 | ||
|     (s) To establish and implement a pilot program for charging  | ||
| admission to
State historic sites.  Fees may be charged for  | ||
| special events, admissions, and
parking or any combination;  | ||
| fees may be charged at all sites or selected sites.
All fees  | ||
| shall be deposited into the Illinois Historic Sites Fund.  The
 | ||
| Historic Sites and Preservation Division of the Department  | ||
| Agency
shall have the discretion to set and adjust reasonable  | ||
| fees at the various
sites, taking into consideration various  | ||
| factors, including, but not limited to:
cost of services  | ||
| furnished to each visitor, impact of fees on attendance and
 | ||
| tourism, and the costs expended collecting the fees.  The  | ||
| Department
Agency shall keep
careful records of the income and  | ||
| expenses resulting from the imposition of
fees, shall keep  | ||
| records as to the attendance at each historic site, and shall
 | ||
| report to the Governor and General Assembly by January 31 after  | ||
| the close of
each year.  The report shall include information on  | ||
| costs, expenses,
attendance, comments by visitors, and any  | ||
| other information the Department
Agency may
believe pertinent,  | ||
| including:
 | ||
|         (1) Recommendations as to whether fees should be  | ||
| continued at each State
historic site.
 | ||
|         (2) How the fees should be structured and imposed.
 | ||
|         (3) Estimates of revenues and expenses associated with  | ||
| each site.
 | ||
|     (t) To provide for overnight tent and trailer campsites and  | ||
| to provide
suitable housing facilities for student and juvenile  | ||
| overnight camping
groups.  The Historic Sites and Preservation  | ||
| Division of the Department Agency shall
charge rates similar to  | ||
| those
charged by the Department
of Conservation for the same or  | ||
| similar facilities and services.
 | ||
|     (u) To engage in marketing activities designed to promote  | ||
| the sites and
programs administered by the Department Agency.   | ||
| In
undertaking these activities, the Department
Agency may take  | ||
| all necessary steps with respect
to products and services,
 | ||
| including, but not limited to, retail sales, wholesale sales,  | ||
| direct marketing,
mail order sales, telephone sales,  | ||
| advertising and promotion, purchase of
product and materials  | ||
| inventory, design, printing and manufacturing of new
products,  | ||
| reproductions, and adaptations, copyright and trademark  | ||
| licensing and
royalty agreements, and payment of applicable  | ||
| taxes.  In addition, the Department Agency
shall have the  | ||
| authority to sell advertising in its publications and printed
 | ||
| materials.  All income from marketing
activities shall be  | ||
| deposited into the Illinois Historic Sites Fund.
 | ||
| (Source: P.A. 99-642, eff. 7-28-16.)
 | ||
|     (20 ILCS 3405/19)  (from Ch. 127, par. 2719)
 | ||
|     Sec. 19. 
Whenever personal property has been loaned to or  | ||
| deposited
with the Department Agency and held more than 25  | ||
| years and no person has made claim
upon the property, the  | ||
| property shall be deemed abandoned and shall become
the  | ||
| property of the Department Agency.  Provided, however, that in  | ||
| order to perfect
the title the Department Agency must  | ||
| diligently seek to find the owner by writing to
the owner at  | ||
| the last known address by certified mail.  If no claim is made
 | ||
| within 30 days of sending the certified letter, the Department  | ||
| Agency shall publish in
the official State newspaper and in a  | ||
| local newspaper that distributes in
the area of owner's last  | ||
| known address a notice containing the name of the
owner, a  | ||
| description of the property, and the method of filing a claim.   | ||
| If
no person claims the property within 90 days after the  | ||
| advertisement is
published, title to the property vests in the  | ||
| Department Agency.
 | ||
| (Source: P.A. 87-231.)
 | ||
|     (20 ILCS 3405/22)
 | ||
|     Sec. 22. Amistad Commission. | ||
|     (a) Purpose. The General Assembly finds and declares that  | ||
| all people should know of and remember the human carnage and  | ||
| dehumanizing atrocities committed during the period of the  | ||
| African slave trade and slavery in America and of the vestiges  | ||
| of slavery in this country; and it is in fact vital to educate  | ||
| our citizens on these events, the legacy of slavery, the sad  | ||
| history of racism in this country, and the principles of human  | ||
| rights and dignity in a civilized society. | ||
|     It is the policy of the State of Illinois that the history  | ||
| of the African slave trade, slavery in America, the depth of  | ||
| their impact in our society, and the triumphs of  | ||
| African-Americans and their significant contributions to the  | ||
| development of this country is the proper concern of all  | ||
| people, particularly students enrolled in the schools of the  | ||
| State of Illinois. | ||
|     It is therefore desirable to create a Commission that, as  | ||
| an organized body and on a continuous basis, will survey,  | ||
| design, encourage, and promote the implementation of education  | ||
| and awareness programs in Illinois that are concerned with the  | ||
| African slave trade, slavery in America, the vestiges of  | ||
| slavery in this country, and the contributions of  | ||
| African-Americans in building our country; to develop  | ||
| workshops, institutes, seminars, and other teacher training  | ||
| activities designed to educate teachers on this subject matter;  | ||
| and that will be responsible for the coordination of events on  | ||
| a regular basis, throughout the State, that provide appropriate  | ||
| memorialization of the events concerning the enslavement of  | ||
| Africans and their descendants in America and their struggle  | ||
| for freedom, liberty, and equality. | ||
|     (b) Amistad Commission. The Amistad Commission is created   | ||
| within the Department Agency. The Commission is named to honor  | ||
| the group of  enslaved Africans transported in 1839 on a vessel  | ||
| named the Amistad who overthrew their captors and created an  | ||
| international incident that was eventually  argued before the  | ||
| Supreme Court and that shed a growing light on the evils of the  | ||
| slave trade and galvanized a growing abolitionist movement  | ||
| towards  demanding the end of slavery in the United States. | ||
|     (c) Membership. The Commission shall consist of 15 members,  | ||
| including 3 ex officio members: the State Superintendent of  | ||
| Education or
his or her designee, the Director of Commerce and  | ||
| Economic Opportunity or his or her designee,  and the Director  | ||
| of Historic Sites and Preservation or his or her designee; and  | ||
| 12 public
members. Public members shall be appointed as  | ||
| follows: | ||
|         (i) 2 members appointed by the President of the Senate  | ||
| and one member appointed by the Minority Leader of the  | ||
| Senate;
 | ||
|         (ii) 2 members appointed by the Speaker of the House of  | ||
| Representatives and one member appointed by the Minority  | ||
| Leader of the House of Representatives; and
 | ||
|         (iii) 6 members, no more than 4 of whom shall be of the  | ||
| same political party, appointed by the Governor.
 | ||
|     The public members shall be residents of this State, chosen  | ||
| with due regard to broad geographic representation and ethnic  | ||
| diversity, who have served actively in organizations that  | ||
| educate the public on the history of the African slave trade,  | ||
| the contributions of African-Americans to our society, and  | ||
| civil rights issues. | ||
|     Each public member of the Commission shall serve for a term  | ||
| of 3 years, except that of the initial members so appointed:  | ||
| one member appointed by the President of the Senate, one member  | ||
| appointed by the Speaker of the House of Representatives, and 2  | ||
| members appointed by the Governor shall serve for terms of one  | ||
| year; the member appointed by the Minority Leader of the  | ||
| Senate, one member appointed by the Speaker of the House of  | ||
| Representatives, and 2 members appointed by the Governor shall  | ||
| serve for terms of 2 years; and one member appointed by the  | ||
| President of the Senate, the member appointed by the Minority  | ||
| Leader of the House of Representatives, and 2 members appointed  | ||
| by the Governor shall serve for terms of 3 years. Public  | ||
| members shall be eligible for reappointment. They shall serve  | ||
| until their successors are appointed and qualified, and the  | ||
| term of the successor of any incumbent shall be calculated from  | ||
| the expiration of the term of that incumbent. A vacancy  | ||
| occurring other than by expiration of term shall be filled in  | ||
| the same manner as the original appointment, but for the  | ||
| unexpired term only. | ||
|     (d) Election of chairperson; meetings. At its first meeting  | ||
| and annually thereafter, the Commission shall elect from among  | ||
| its members a chairperson and other officers it considers  | ||
| necessary or appropriate. After its first meeting, the  | ||
| Commission shall meet at least quarterly, or more frequently at  | ||
| the call of the chairperson or if requested by 9 or more  | ||
| members. | ||
|     (e) Quorum. A majority of the members of the Commission  | ||
| constitute a quorum for the transaction of business at a  | ||
| meeting of the Commission. A majority of the members present  | ||
| and serving is required for official action of the Commission. | ||
|     (f) Public meeting. All business that the Commission is  | ||
| authorized to  perform shall be conducted at a public meeting of  | ||
| the Commission, held in compliance with the Open Meetings Act. | ||
|     (g) Freedom of Information. A writing prepared, owned,  | ||
| used, in the possession of, or retained by the Commission in  | ||
| the performance of an official function is subject to the  | ||
| Freedom of Information Act. | ||
|     (h) Compensation. The members of the Commission 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 Commission from funds  | ||
| appropriated for that purpose.       Reimbursement for travel,  | ||
| meals, and lodging shall be in accordance with the rules of the  | ||
| Governor's Travel Control Board. | ||
|     (i) Duties. The Commission shall have the following  | ||
| responsibilities and duties:
 | ||
|         (1) To provide, based upon the collective interest of  | ||
| the members and the knowledge and experience of the  | ||
| members, assistance and advice to schools within the State  | ||
| with respect to the implementation of education, awareness  | ||
| programs, textbooks, and educational materials concerned  | ||
| with the African slave trade, slavery in America, the  | ||
| vestiges of slavery in this country, and the contributions  | ||
| of African-Americans to our society. | ||
|         (2) To survey and catalog the extent and breadth of  | ||
| education concerning the African slave trade, slavery in  | ||
| America, the vestiges of slavery in this country, and the  | ||
| contributions of African-Americans to our society  | ||
| presently being incorporated into the curricula and  | ||
| textbooks and taught in the school systems of the State; to  | ||
| inventory those African slave trade, American slavery, or  | ||
| relevant African-American history memorials, exhibits, and  | ||
| resources that should be incorporated into courses of study  | ||
| at educational institutions, schools, and various other  | ||
| locations throughout the State; and to assist the State  | ||
| Board of Education and
other State and educational agencies  | ||
| in the development and implementation of African slave  | ||
| trade, American slavery, and African-American history  | ||
| education programs. | ||
|         (3) To act as a liaison with textbook publishers,  | ||
| schools, public, private, and  nonprofit resource  | ||
| organizations,
and members of the United States Senate and  | ||
| House of
Representatives and the Illinois Senate and House  | ||
| of Representatives in
order to facilitate the inclusion of  | ||
| the history of African slavery and
of African-Americans in  | ||
| this country in the curricula of public and
nonpublic  | ||
| schools. | ||
|         (4) To compile a roster of individual volunteers who  | ||
| are willing to share their knowledge and experience in  | ||
| classrooms, seminars, and workshops with students and  | ||
| teachers on the subject of the African slave trade,  | ||
| American slavery,  the impact of slavery on our society  | ||
| today, and the contributions of African-Americans to our  | ||
| country. | ||
|         (5) To coordinate events memorializing the African  | ||
| slave trade, American slavery, and the history of  | ||
| African-Americans in this country that reflect the  | ||
| contributions of African-Americans in overcoming the  | ||
| burdens of slavery and its vestiges, and to seek volunteers  | ||
| who are willing and able to participate in commemorative  | ||
| events that will enhance student awareness of the  | ||
| significance of the African slave trade, American slavery,  | ||
| its historical impact, and the struggle for freedom. | ||
|         (6) To prepare reports for the Governor and the General  | ||
| Assembly regarding its findings and recommendations on  | ||
| facilitating the inclusion of the African slave trade,  | ||
| American slavery studies, African-American history, and  | ||
| special programs in the educational system of the State.
 | ||
|         (7) To develop, in consultation with the State Board of  | ||
| Education, curriculum guidelines that will be made  | ||
| available to every school board for the teaching of  | ||
| information on the African slave trade, slavery in America,  | ||
| the vestiges of slavery in this country, and the  | ||
| contributions of African-Americans to our country.
 | ||
|         (8) To solicit, receive, and accept appropriations,  | ||
| gifts, and donations for Commission operations and  | ||
| programs authorized under this Section.
 | ||
|     (j) Commission requests for assistance. The Commission is  | ||
| authorized to call upon any department, office, division, or  | ||
| agency of the State, or of any county, municipality, or school  | ||
| district of the State, to supply such data, program reports,  | ||
| and other information, appropriate school personnel, and  | ||
| assistance as it deems necessary to discharge its  | ||
| responsibilities under this Act. These departments, offices,  | ||
| divisions, and agencies shall, to the extent possible and not  | ||
| inconsistent with any other law of this State, cooperate with  | ||
| the Commission and shall furnish it with such information,  | ||
| appropriate school personnel, and assistance as may be  | ||
| necessary or helpful to accomplish the purposes of this Act.
 | ||
|     (k) State Board of Education assistance. The State Board of  | ||
| Education shall: | ||
|         (1) Assist the  Amistad Commission in marketing and  | ||
| distributing to educators, administrators, and school  | ||
| districts in the State educational information and other  | ||
| materials on the African slave trade, slavery in America,  | ||
| the vestiges of slavery in this country, and the  | ||
| contributions of African-Americans to our society. | ||
|         (2) Conduct at least one teacher workshop annually on  | ||
| the African slave trade, slavery in America, the vestiges  | ||
| of slavery in this country, and the contributions of  | ||
| African-Americans to our society. | ||
|         (3) Assist the Amistad Commission in monitoring the  | ||
| inclusion of slavery materials and curricula in the State's  | ||
| educational system. | ||
|         (4) Consult with the Amistad Commission to determine  | ||
| ways it may survey, catalog, and extend slave trade and  | ||
| American slavery education presently being taught in the  | ||
| State's educational system. | ||
|     The State Board of Education may, subject to the  | ||
| availability of appropriations, hire additional staff and  | ||
| consultants to carry out the duties and responsibilities  | ||
| provided within this subsection (k). | ||
|     (l) Report. The Commission shall report its activities and  | ||
| findings, as required under subsection (i), to the Governor and  | ||
| General Assembly on or before June 30, 2006, and biannually  | ||
| thereafter.
 | ||
| (Source: P.A. 94-285, eff. 7-21-05.) | ||
|     (20 ILCS 3405/35) | ||
|     Sec. 35. Products manufactured in the United States. State  | ||
| Historic Sites, State Memorials, and other properties that are  | ||
| under the jurisdiction of the Department Historic Preservation  | ||
| Agency under Section 6 of this Act shall set aside a booth or  | ||
| section for the sale of products manufactured in the United  | ||
| States. As used in this Section, "products manufactured in the  | ||
| United States" means assembled articles, materials, or  | ||
| supplies for which design, final assembly, processing,  | ||
| packaging, testing, or other process that adds value, quality,  | ||
| or reliability occurred in the United States.
 | ||
| (Source: P.A. 98-1031, eff. 8-25-14.)
 | ||
|     (20 ILCS 3405/3 rep.)
 | ||
|     (20 ILCS 3405/4 rep.)
 | ||
|     (20 ILCS 3405/5 rep.)
 | ||
|     (20 ILCS 3405/34 rep.)
 | ||
|     Section 30. The Historic Preservation Agency Act is amended   | ||
| by repealing Sections 3, 4, 5, and 34. | ||
|     Section 35. The Illinois Historic Preservation Act is  | ||
| amended  by changing Sections 2, 3, 4, 5, and 15 as follows:
 | ||
|     (20 ILCS 3410/2)  (from Ch. 127, par. 133d2)
 | ||
|     Sec. 2. As used in this Act: 
 | ||
|     (a) "Council" means the Illinois Historic Sites Advisory  | ||
| Council.
 | ||
|     (b) (Blank).
 | ||
|     (c) (Blank). "Agency" means the Historic Preservation
 | ||
| Agency.
 | ||
|     (c-5) "Department" means the Department of Natural  | ||
| Resources.  | ||
|     (d) "Director" means the Director of Natural Resources, or  | ||
| his or her designee Historic Preservation who will serve as
the  | ||
| State Historic Preservation Officer.
 | ||
|     (d-1) "Historic resource" means any property which is  | ||
| either publicly or privately held and which:  | ||
|         (1) is listed in the National Register of Historic  | ||
| Places (hereafter "National Register");  | ||
|         (2) has been formally determined by the Director to be  | ||
| eligible for listing in the National Register as defined in  | ||
| Section 106 of Title 16 of the United States Code;  | ||
|         (3) has been nominated by the Director and the Illinois  | ||
| Historic Sites Advisory Council for listing in the National  | ||
| Register; or  | ||
|         (4) meets one or more criteria for listing in the  | ||
| National Register, as determined by the Director.  | ||
|     (e) "Place" means (1) any parcel or contiguous grouping of  | ||
| parcels of
real estate under common or related ownership or  | ||
| control, where any significant
improvements are at least 40  | ||
| years old, or (2) any aboriginal mound, fort,
earthwork,  | ||
| village, location, burial ground, historic or prehistoric  | ||
| ruin,
mine case or other location which is or may be the source  | ||
| of important archeological
data.
 | ||
|     (f) (Blank).
 | ||
|     (g) (Blank).
 | ||
|     (h) (Blank).
 | ||
|     (i) (Blank).
 | ||
| (Source: P.A. 97-785, eff. 7-13-12.)
 | ||
|     (20 ILCS 3410/3)  (from Ch. 127, par. 133d3)
 | ||
|     Sec. 3. 
There is recognized and established hereunder the  | ||
| Illinois Historic
Sites Advisory Council, previously  | ||
| established pursuant to Federal regulations,
hereafter called  | ||
| the Council.  The Council shall consist of
15 members.  Of these,  | ||
| there shall be at least 3 historians, at least 3
architectural  | ||
| historians, or architects with a preservation background,
and  | ||
| at least 3 archeologists.  The remaining 6 members shall be  | ||
| drawn from
supporting fields and have a preservation interest.   | ||
| Supporting fields shall
include but not be limited to  | ||
| historical geography, law, urban planning,
local government  | ||
| officials, and members of other preservation commissions.
All  | ||
| shall be appointed by the Director of Historic Sites and  | ||
| Preservation,
with the consent of the Board.
 | ||
|     The Council Chairperson shall be appointed by the Director  | ||
| of Historic
 Sites and Preservation from the Council
membership  | ||
| and shall serve at the Director's pleasure.
 | ||
|     The Executive Director of the Abraham Lincoln Presidential  | ||
| Library and Museum and the Director of
the Illinois State  | ||
| Museum shall serve on the Council
in advisory capacity as  | ||
| non-voting members.
 | ||
|     Terms of membership shall be 3 years and shall be staggered  | ||
| by the Director
to assure continuity of representation.
 | ||
|     The Council shall meet at least 3 times each year.   | ||
| Additional meetings
may be held at the call of the chairperson  | ||
| or at the call of the Director.
 | ||
|     Members shall serve without compensation, but shall be  | ||
| reimbursed for actual
expenses incurred in the performance of  | ||
| their duties.
 | ||
| (Source: P.A. 100-120, eff. 8-18-17.)
 | ||
|     (20 ILCS 3410/4)  (from Ch. 127, par. 133d4)
 | ||
|     Sec. 4. 
In addition to those powers specifically granted or  | ||
| necessary
to perform the duties prescribed by this Act, the  | ||
| Council shall have the
following powers:
 | ||
|         (a) to recommend nominations to the National Register  | ||
| of Historic Places;
 | ||
|         (b) (blank);
 | ||
|         (c) to recommend removal of places from the National  | ||
| Register of Historic Places;
 | ||
|         (d) (blank);
 | ||
|         (e) (blank); and
 | ||
|         (f) to advise the Department Agency on matters  | ||
| pertaining to
historic preservation.
 | ||
| (Source: P.A. 97-785, eff. 7-13-12.)
 | ||
|     (20 ILCS 3410/5)  (from Ch. 127, par. 133d5)
 | ||
|     Sec. 5. 
In addition to the powers otherwise specifically  | ||
| granted to the
Department Agency by law, the Department Agency  | ||
| shall have
the following powers and responsibilities:
 | ||
|         (a) to perform the administrative functions for the  | ||
| Council;
 | ||
|         (b) to hold public hearings and meetings concerning the  | ||
| National Register
of Historic Places;
 | ||
|         (c) to prepare and periodically revise a statewide  | ||
| preservation plan;
 | ||
|         (d) to attempt to maximize the extent to which the  | ||
| preservation of historic resources is accomplished through  | ||
| active use, including
self-sustaining or revenue-producing  | ||
| use and through the involvement of
persons other than the  | ||
| Department Agency; and
 | ||
|         (e) to disseminate information of historic resources,
 | ||
| to provide technical and other assistance to persons  | ||
| involved in preservation
activities, to develop  | ||
| interpretive programs and otherwise stimulate public
 | ||
| interest in preservation.
 | ||
| (Source: P.A. 97-785, eff. 7-13-12.)
 | ||
|     (20 ILCS 3410/15)  (from Ch. 127, par. 133d15)
 | ||
|     Sec. 15. 
All monies received for historic preservation  | ||
| programs administered
by the Department Agency, including  | ||
| grants, direct and indirect cost reimbursements,
income from  | ||
| marketing activities, gifts, donations and bequests, from
 | ||
| private organizations, individuals,
other State agencies or  | ||
| federal agencies, monies received from publications,
and  | ||
| copying and certification fees related to such programs, and  | ||
| all income
from fees generated from admissions, special events,  | ||
| parking, camping,
concession and property rental, shall be  | ||
| deposited into a special fund in the
State treasury, to be  | ||
| known as the Illinois Historic Sites Fund, which is
hereby  | ||
| created.  Subject to appropriation, the monies in such fund  | ||
| shall be
used by the Department Agency for historic  | ||
| preservation purposes only.
 | ||
|     The Illinois Historic Sites Fund is not subject to  | ||
| administrative charges or charge-backs, including but not  | ||
| limited to those authorized under Section 8h of the State  | ||
| Finance Act.  | ||
| (Source: P.A. 96-1312, eff. 7-27-10.)
 | ||
|     Section 40. The Historical Sites Listing Act is amended  by  | ||
| changing Sections 1, 2, and 3 as follows:
 | ||
|     (20 ILCS 3415/1)  (from Ch. 128, par. 31)
 | ||
|     Sec. 1. 
Any person or State or local governmental agency  | ||
| owning a site of
general historical interest or having the  | ||
| written consent of the owner of
such a site may apply to the  | ||
| Department of Natural Resources Historic Preservation Agency  | ||
| to have that
site listed and marked as a State historic site.
 | ||
| (Source: P.A. 92-600, eff. 7-1-02.)
 | ||
|     (20 ILCS 3415/2)  (from Ch. 128, par. 32)
 | ||
|     Sec. 2. 
If the Department of Natural Resources Historic  | ||
| Preservation Agency finds
that a site described in
an  | ||
| application under Section 1 is of sufficient general historical  | ||
| interest
to warrant listing and marking, it shall list the site  | ||
| in a register kept
for that purpose and shall display at the  | ||
| site a suitable marker indicating
that the site is a registered  | ||
| State historic site.
 | ||
| (Source: P.A. 92-600, eff. 7-1-02.)
 | ||
|     (20 ILCS 3415/3)  (from Ch. 128, par. 33)
 | ||
|     Sec. 3. 
The Department of Natural Resources Historic  | ||
| Preservation Agency, in cooperation with the Division
of  | ||
| Highways of the Department of
Transportation and any other  | ||
| interested
public or private agency, shall place and maintain  | ||
| all markers at State
historic sites registered under this Act.
 | ||
| (Source: P.A. 92-600, eff. 7-1-02.)
 | ||
|     Section 45. The Illinois State Agency Historic Resources  | ||
| Preservation Act is amended  by changing Sections 1, 3, 4, and 5  | ||
| as follows:
 | ||
|     (20 ILCS 3420/1)  (from Ch. 127, par. 133c21)
 | ||
|     Sec. 1. Purposes. The purpose of this Act is to provide  | ||
| Illinois State
government leadership in preserving, restoring,  | ||
| and maintaining the
historic resources of the State.  It is the  | ||
| purpose of this Act to
establish a program whereby State  | ||
| agencies (1) administer the historic
resources under their  | ||
| control to foster and enhance their availability to
future  | ||
| generations, (2) prepare policies and plans to contribute to  | ||
| the
preservation, restoration, and maintenance of State-owned  | ||
| historic
resources for the inspiration and benefit of the  | ||
| people, and (3) in
consultation with the Director of Natural  | ||
| Resources Historic Preservation, institute
procedures to  | ||
| ensure that State projects consider the preservation and
 | ||
| enhancement of both State owned and non-State owned historic  | ||
| resources.
 | ||
| (Source: P.A. 86-707.)
 | ||
|     (20 ILCS 3420/3)  (from Ch. 127, par. 133c23)
 | ||
|     Sec. 3. Definitions. 
 | ||
|     (a) "Director" means the Director of Natural Resources, or  | ||
| his or her designee Historic Preservation who shall serve
as  | ||
| the State Historic Preservation Officer.
 | ||
|     (b) "Agency" shall have the same meaning as in Section 1-20  | ||
| of
the Illinois Administrative Procedure Act, and shall  | ||
| specifically include
all agencies and entities made subject to  | ||
| such Act by any State statute.
 | ||
|     (c) "Historic resource" means any property which is either  | ||
| publicly or
privately held and which:
 | ||
|         (1) is listed in the National Register of Historic  | ||
| Places (hereafter
"National Register");
 | ||
|         (2) has been formally determined by the Director to be  | ||
| eligible for
listing in the National Register as defined in  | ||
| Section 106 of Title 16 of the
United States Code;
 | ||
|         (3) has been nominated by the Director and the Illinois  | ||
| Historic Sites
Advisory Council for listing in the National  | ||
| Register; 
 | ||
|         (4) meets one or more criteria for listing in the  | ||
| National Register, as
determined by the Director; or
 | ||
|         (5) (blank).
 | ||
|     (d) "Adverse effect" means:
 | ||
|         (1) destruction or alteration of all or part of an  | ||
| historic resource;
 | ||
|         (2) isolation or alteration of the surrounding  | ||
| environment of an historic
resource;
 | ||
|         (3) introduction of visual, audible, or atmospheric  | ||
| elements which are
out of character with an historic  | ||
| resource or which alter its setting;
 | ||
|         (4) neglect or improper utilization of an historic  | ||
| resource which
results in its deterioration or  | ||
| destruction; or
 | ||
|         (5) transfer or sale of an historic resource to any  | ||
| public or private
entity without the inclusion of adequate  | ||
| conditions or restrictions
regarding preservation,  | ||
| maintenance, or use.
 | ||
|     (e) "Comment" means the written finding by the Director of  | ||
| the effect of
a State undertaking on an historic resource.
 | ||
|     (f) "Undertaking" means any project, activity, or program  | ||
| that can
result in changes in the character or use of historic  | ||
| property, if any
historic property is located in the area of  | ||
| potential effects.  The
project, activity or program shall be  | ||
| under the direct or indirect
jurisdiction of a State agency or  | ||
| licensed or assisted by a State agency.
An undertaking  | ||
| includes, but is not limited to, action which is:
 | ||
|         (1) directly undertaken by a State agency;
 | ||
|         (2) supported in whole or in part through State  | ||
| contracts, grants,
subsidies, loan guarantees, or any  | ||
| other form of direct or indirect funding
assistance; or
 | ||
|         (3) carried out pursuant to a State lease, permit,  | ||
| license, certificate,
approval, or other form of  | ||
| entitlement or permission.
 | ||
|     (g) "Committee" means the Historic Preservation Mediation  | ||
| Committee.
 | ||
|     (h) "Feasible" means capable of being accomplished in a  | ||
| successful
manner within a reasonable period of time, taking  | ||
| into account economic,
environmental, social, and  | ||
| technological factors.
 | ||
|     (i) "Private undertaking" means any undertaking that does  | ||
| not receive
public funding or is not on public lands.
 | ||
|     (j) "High probability area" means any occurrence of Cahokia  | ||
| Alluvium,
Carmi Member of the Equality Formation, Grayslake  | ||
| Peat, Parkland Sand,
Peyton Colluvium, the Batavia Member of  | ||
| the Henry Formation, or the
Mackinaw Member, as mapped by  | ||
| Lineback et al. (1979) at a scale of
1-500,000 within permanent  | ||
| stream floodplains and including: 
 | ||
|         (1) 500 yards of the adjoining bluffline crest of the  | ||
| Fox, Illinois,
Kankakee, Kaskaskia, Mississippi, Ohio,  | ||
| Rock and Wabash Rivers and 300
yards of the adjoining  | ||
| bluffline crest of all other rivers or
 | ||
|         (2) a 500 yard wide area along the shore of Lake  | ||
| Michigan abutting the
high water mark.
 | ||
| (Source: P.A. 97-785, eff. 7-13-12; 98-463, eff. 8-16-13.)
 | ||
|     (20 ILCS 3420/4)  (from Ch. 127, par. 133c24)
 | ||
|     Sec. 4. State agency undertakings. 
 | ||
|     (a) As early in the planning process as may be practicable  | ||
| and prior to
the approval of the final design or plan of any  | ||
| undertaking by a State
agency, or prior to the funding of any  | ||
| undertaking by a State agency, or
prior to an action of  | ||
| approval or entitlement of any private undertaking by
a State  | ||
| agency, written notice of the project shall be given to the
 | ||
| Director either by the State agency or the recipients of its  | ||
| funds, permits
or licenses.  The State agency shall consult with  | ||
| the Director to determine
the documentation requirements  | ||
| necessary for identification and treatment
of historic  | ||
| resources.  For the purposes of identification and evaluation
of  | ||
| historic resources, the Director may require archaeological  | ||
| and historic
investigations.  Responsibility for notice and  | ||
| documentation may be
delegated by the State agency to a local  | ||
| or private designee.
 | ||
|     (b) Within 30 days after receipt of complete and correct  | ||
| documentation
of a proposed undertaking, the Director shall  | ||
| review and comment to the
agency on the likelihood that the  | ||
| undertaking will have an adverse effect
on a historic resource.   | ||
| In the case of a private undertaking, the
Director shall, not  | ||
| later than 30 days following the receipt of an
application with  | ||
| complete documentation of the undertaking, either approve
that  | ||
| application allowing the undertaking to proceed or tender to  | ||
| the
applicant a written statement setting forth the reasons for  | ||
| the
requirement of an archaeological investigation.  If there is  | ||
| no action
within 30 days after the filing of the application  | ||
| with the complete
documentation of the undertaking, the  | ||
| applicant may deem the application
approved and may proceed  | ||
| with the undertaking.  Thereafter, all
requirements for  | ||
| archaeological investigations are waived under this Act.
 | ||
|     (c) If the Director finds that an undertaking will  | ||
| adversely affect an
historic resource or is inconsistent with  | ||
| agency policies, the State agency
shall consult with the  | ||
| Director and shall discuss alternatives to the proposed
 | ||
| undertaking which could eliminate, minimize, or mitigate its  | ||
| adverse effect.
During the consultation process, the State  | ||
| agency shall explore
all feasible and prudent plans which  | ||
| eliminate, minimize, or mitigate
adverse effects on historic  | ||
| resources.  Grantees, permittees, licensees, or
other parties  | ||
| in interest and representatives of national, State, and local
 | ||
| units of government and public and private organizations may  | ||
| participate
in the consultation process.  The process may  | ||
| involve on-site inspections and
public informational meetings  | ||
| pursuant to regulations issued by the Department of Natural  | ||
| Resources
Historic Preservation Agency.
 | ||
|     (d) The State agency and the Director may agree that there  | ||
| is a feasible
and prudent alternative which eliminates,  | ||
| minimizes, or mitigates the
adverse effect of the undertaking.   | ||
| Upon such agreement, or if the State
agency and the Director  | ||
| agree that there are no feasible and prudent
alternatives which  | ||
| eliminate, minimize, or mitigate the adverse effect, the
 | ||
| Director shall prepare a Memorandum of Agreement describing the
 | ||
| alternatives or stating the finding. The State agency may  | ||
| proceed with the
undertaking once a Memorandum of Agreement has  | ||
| been signed by both the
State agency and the Director.
 | ||
|     (e) After the consultation process, the Director and the  | ||
| State agency
may fail to agree on the existence of a feasible  | ||
| and prudent alternative
which would eliminate, minimize, or  | ||
| mitigate the adverse effect of the
undertaking on the historic  | ||
| resource.  If no agreement is reached, the agency
shall call a  | ||
| public meeting in the county where the undertaking is proposed
 | ||
| within 60 days. If, within 14 days following conclusion of the  | ||
| public
meeting, the State agency and the Director fail to agree  | ||
| on a feasible and
prudent alternative, the proposed  | ||
| undertaking, with supporting
documentation, shall be submitted  | ||
| to the Historic Preservation
Mediation Committee.  The document  | ||
| shall be sufficient to identify each
alternative considered by  | ||
| the Agency and the Director during the
consultation process and  | ||
| the reason for its rejection.
 | ||
|     (f) The Mediation Committee shall consist of the Director  | ||
| and 5 persons
appointed by the Director for terms of 3 years  | ||
| each, each of whom shall be
no lower in rank than a division  | ||
| chief and each of whom shall represent a
different State  | ||
| agency.  An agency that is a party to mediation shall be
 | ||
| notified of all hearings and deliberations and shall have the  | ||
| right to
participate in deliberations as a non-voting member of  | ||
| the Committee.
Within 30 days after submission of the proposed  | ||
| undertaking, the Committee
shall meet with the Director and the  | ||
| submitting agency to review each
alternative considered by the  | ||
| State agency and the Director and to evaluate
the existence of  | ||
| a feasible and prudent alternative.  In the event that the
 | ||
| Director and the submitting agency continue to disagree, the  | ||
| Committee
shall provide a statement of findings or comments  | ||
| setting forth an
alternative to the proposed undertaking or  | ||
| stating the finding that there
is no feasible or prudent  | ||
| alternative. The State agency shall consider the
written  | ||
| comments of the Committee and shall respond in writing to the
 | ||
| Committee before proceeding with the undertaking.
 | ||
|     (g) When an undertaking is being reviewed pursuant to  | ||
| Section 106 of the
National Historic Preservation Act of 1966,  | ||
| the procedures of this law
shall not apply and any review or  | ||
| comment by the Director on such undertaking
shall be within the  | ||
| framework or procedures of the federal law. This subsection  | ||
| shall not prevent the Department of Natural Resources Illinois  | ||
| Historic
Preservation Agency from entering into an agreement  | ||
| with the Advisory
Council on Historic Preservation pursuant to  | ||
| Section 106 of the National
Historic Preservation Act to  | ||
| substitute this Act and its procedures for
procedures set forth  | ||
| in Council regulations found in 36 C.F.R. Part 800.7.
A State  | ||
| undertaking that is necessary to prevent an immediate and
 | ||
| imminent threat to life or property shall be exempt from the  | ||
| requirements
of this Act.  Where possible, the Director shall be  | ||
| consulted in the
determination of the exemption.  In all cases,  | ||
| the agency shall provide the
Director with a statement of the  | ||
| reasons for the exemption and shall have
an opportunity to  | ||
| comment on the exemption.  The statement and the comments
of the  | ||
| Director shall be included in the annual report of the  | ||
| Department of Natural Resources Historic
Preservation Agency  | ||
| as a guide to future actions. The provisions of this
Act do not  | ||
| apply to undertakings pursuant to the Illinois Oil and Gas Act,
 | ||
| the Surface-Mined Land Conservation and Reclamation Act and the  | ||
| Surface
Coal Mining Land Conservation and Reclamation Act.
 | ||
| (Source: P.A. 96-1000, eff. 7-2-10; 97-785, eff. 7-13-12.)
 | ||
|     (20 ILCS 3420/5)  (from Ch. 127, par. 133c25)
 | ||
|     Sec. 5. 
Responsibilities of the Department of Natural  | ||
| Resources Historic Preservation Agency,
Division of Historic  | ||
| Preservation Services.
 | ||
|     (a) The Director shall include in the Department's
Agency's  | ||
| annual report an outline of State agency actions on which  | ||
| comment
was requested or issued under this Act.
 | ||
|     (b) The Director shall maintain a current list of all  | ||
| historic resources
owned, operated, or leased by the State and  | ||
| appropriate maps indicating the
location of all such resources.   | ||
| These maps shall be in a form available to
the public and State  | ||
| agencies, except that the location of archaeological
resources  | ||
| shall be excluded.
 | ||
|     (c) The Director shall make rules and issue appropriate  | ||
| guidelines to
implement this Act.  These shall include, but not  | ||
| be limited to,
regulations for holding on-site inspections,  | ||
| public information meetings
and procedures for consultation,  | ||
| mediation, and resolutions by the
Committee pursuant to  | ||
| subsections (e) and (f) of Section 4.
 | ||
|     (d) The Director shall (1) assist, to the fullest extent  | ||
| possible, the
State agencies in their identification of  | ||
| properties for inclusion in an
inventory of historic resources,  | ||
| including provision of criteria for
evaluation; (2) provide  | ||
| information concerning professional methods and
techniques for  | ||
| preserving, improving, restoring, and maintaining historic
 | ||
| resources when requested by State agencies; and (3) help  | ||
| facilitate State
agency compliance with this Act.
 | ||
|     (e) The Director shall monitor the implementation of  | ||
| actions of each
State agency which have an effect, either  | ||
| adverse or beneficial, on an
historic resource.
 | ||
|     (f) The Department of Natural Resources Agency shall manage  | ||
| and control the preservation, conservation,
inventory,
and  | ||
| analysis of fine and decorative arts, furnishings, and  | ||
| artifacts of the
Illinois Executive
Mansion in Springfield, the  | ||
| Governor's offices in the Capitol in Springfield
and the James
 | ||
| R. Thompson Center in Chicago, and the Hayes House in DuQuoin.
 | ||
| The Department of Natural Resources Agency shall manage the  | ||
| preservation and conservation of the
buildings and
grounds of  | ||
| the Illinois Executive Mansion in Springfield.
The Governor  | ||
| shall appoint a
Curator
of the Executive Mansion, with the  | ||
| advice and consent of the Senate, to assist
the Department of  | ||
| Natural Resources Agency in
carrying
out the duties under this  | ||
| item (f).
The person
appointed Curator must have experience in  | ||
| historic preservation or as a
curator.
The Curator shall serve  | ||
| at the pleasure of the Governor.
The Governor shall determine  | ||
| the compensation of the Curator, which shall not
be diminished  | ||
| during the term of appointment.
 | ||
| (Source: P.A. 92-842, eff. 8-22-02.)
 | ||
|     Section 50. The Old State Capitol Act is amended  by  | ||
| changing Sections 1, 2, and 3 as follows:
 | ||
|     (20 ILCS 3430/1)  (from Ch. 123, par. 52)
 | ||
|     Sec. 1. 
As used in this Act:,
 | ||
|     (a) "Old State Capitol Complex" means the Old State Capitol
 | ||
| reconstructed under the "1961 Act" in Springfield and includes  | ||
| space also
occupied
by the Abraham Lincoln Presidential Library  | ||
| and Museum and an underground parking garage.;
 | ||
|     (b) "1961 Act" means "An Act providing for the  | ||
| reconstruction and
restoration of the old State Capitol at  | ||
| Springfield and providing for the
custody thereof", approved  | ||
| August 24, 1961, as amended.;
 | ||
|     (c) (Blank). "Board of Trustees" means the Board of  | ||
| Trustees of the Historic
Preservation Agency.
 | ||
|     (d) "Department" means the Department of Natural  | ||
| Resources.  | ||
| (Source: P.A. 100-120, eff. 8-18-17; revised 9-28-17.)
 | ||
|     (20 ILCS 3430/2)  (from Ch. 123, par. 53)
 | ||
|     Sec. 2. 
The Department Board of Trustees shall have  | ||
| jurisdiction and custody of, and shall
maintain and operate,  | ||
| the Old State Capitol Complex and shall succeed to
all rights,  | ||
| powers, duties and liabilities of the Department of
 | ||
| Conservation under the "1961 Act" or under any lease or  | ||
| contract relating
to the Old State Capitol Complex to which the  | ||
| Department of Conservation is
a party.
 | ||
| (Source: P.A. 77-135.)
 | ||
|     (20 ILCS 3430/3)  (from Ch. 123, par. 54)
 | ||
|     Sec. 3. 
The Department Board of Trustees may establish  | ||
| rules and regulations for the use
and operation of the Old  | ||
| State Capitol Complex. Such rules and regulations
shall provide  | ||
| that such complex will be open at all reasonable hours to the
 | ||
| public and may provide for the holding of such lectures,  | ||
| pageants or
similar special events and the sale of such  | ||
| merchandise as will help
interpret the historical significance  | ||
| of the Old State Capitol to the
public.
 | ||
| (Source: P.A. 77-135.)
 | ||
|     Section 55. The Archaeological and Paleontological  | ||
| Resources Protection Act is amended  by changing Sections 1, 3,  | ||
| 3.1, 3.2, 5, 6, 7, 8, 9, 10, and 11 as follows:
 | ||
|     (20 ILCS 3435/1)  (from Ch. 127, par. 133c1)
 | ||
|     Sec. 1. 
The State of Illinois reserves to itself the  | ||
| exclusive right and
privilege of regulating, exploring,  | ||
| excavating or surveying, through
the Department of Natural  | ||
| Resources Historic Preservation Agency,  all archaeological and  | ||
| paleontological
resources found upon or within any public  | ||
| lands.
 | ||
| (Source: P.A. 86-459; 86-707.)
 | ||
|     (20 ILCS 3435/3)  (from Ch. 127, par. 133c3)
 | ||
|     Sec. 3. 
(a) It is unlawful for any person, either by  | ||
| himself or through
an agent, to explore, excavate or collect  | ||
| any of the archaeological or
paleontological resources  | ||
| protected by this Act, unless such person obtains
a permit  | ||
| issued by the Department of Natural Resources Historic  | ||
| Preservation Agency.
 | ||
|     (b) It is unlawful for any person, either by himself or  | ||
| through an
agent, to knowingly disturb any archaeological or  | ||
| paleontological resource
protected under this Act.
 | ||
|     (c) It is unlawful for any person, either by himself or  | ||
| through an
agent, to offer any object for sale or exchange with  | ||
| the knowledge that it
has been previously collected or  | ||
| excavated in violation of this Act.
 | ||
| (Source: P.A. 86-459; 86-707.)
 | ||
|     (20 ILCS 3435/3.1)  (from Ch. 127, par. 133c3.1)
 | ||
|     Sec. 3.1. 
The State's Attorney of the county in which a  | ||
| violation of
Section 3 is alleged to have occurred, or the  | ||
| Attorney General, may be
requested by the Director of Natural  | ||
| Resources the Historic Preservation Agency to initiate
 | ||
| criminal prosecutions or to seek civil damages, injunctive  | ||
| relief and any
other appropriate relief.  The Department of  | ||
| Natural Resources Historic Preservation Agency shall cooperate
 | ||
| with the State's Attorney or the Attorney General.  Persons  | ||
| aware of any
violation of this Act shall contact the Department  | ||
| of Natural Resources Historic Preservation Agency.
 | ||
| (Source: P.A. 86-459; 86-707.)
 | ||
|     (20 ILCS 3435/3.2)  (from Ch. 127, par. 133c3.2)
 | ||
|     Sec. 3.2. 
The Department of Natural Resources Historic  | ||
| Preservation Agency is authorized to offer a
reward of up to  | ||
| $2,000 for information leading to the arrest and conviction
of  | ||
| persons who violate Section 3.
 | ||
| (Source: P.A. 86-459; 86-707.)
 | ||
|     (20 ILCS 3435/5)  (from Ch. 127, par. 133c5)
 | ||
|     Sec. 5. 
Any violation of Section 3 not involving the  | ||
| disturbance of
human skeletal remains is a Class A misdemeanor  | ||
| and the violator
shall be subject to imprisonment and a fine  | ||
| not in excess of $5,000; any
subsequent violation is a Class 4  | ||
| felony.  Any violation of Section 3
involving disturbance of  | ||
| human skeletal remains is a Class 4 felony.  Each
disturbance of  | ||
| an archaeological site or a paleontological site shall
 | ||
| constitute a single offense. Persons convicted of a violation  | ||
| of Section 3
shall also be liable for civil damages to be  | ||
| assessed by the land managing
agency and the Department of  | ||
| Natural Resources Historic Preservation Agency.  Civil damages  | ||
| may include:
 | ||
|     (a) forfeiture of any and all equipment used in acquiring  | ||
| the protected
material;
 | ||
|     (b) any and all costs incurred in cleaning, restoring,  | ||
| analyzing,
accessioning and curating the recovered materials;
 | ||
|     (c) any and all costs associated with restoring the land to  | ||
| its
original contour;
 | ||
|     (d) any and all costs associated with recovery of data and  | ||
| analyzing,
publishing, accessioning and curating materials  | ||
| when the
prohibited activity is so extensive as to preclude the  | ||
| restoration of the
archaeological or paleontological site;
 | ||
|     (e) any and all costs associated with the determination and  | ||
| collection
of the civil damages.
 | ||
|     When civil damages are recovered through the Attorney  | ||
| General, the
proceeds shall be deposited into the Historic  | ||
| Sites Fund; when civil
damages are recovered through the  | ||
| State's Attorney, the proceeds shall be
deposited into the  | ||
| county fund designated by the county board.
 | ||
| (Source: P.A. 86-459; 86-707.)
 | ||
|     (20 ILCS 3435/6)  (from Ch. 127, par. 133c6)
 | ||
|     Sec. 6. 
(a) The Department of Natural Resources Historic  | ||
| Preservation Agency, in consultation with the
various State  | ||
| agencies owning or managing land for the use of the State of
 | ||
| Illinois, shall develop regulations whereby permits may be  | ||
| issued for
exploration or excavation of archaeological and  | ||
| paleontological resources.
These permits shall be issued by the  | ||
| Department of Natural Resources Historic Preservation Agency  | ||
| after
consultation with the head of the land managing agency.
 | ||
|     (b) Permits to any person or entity other than the State of  | ||
| Illinois
shall be issued in accordance with regulations which  | ||
| shall be promulgated
by the Department of Natural Resources  | ||
| Historic Preservation Agency.
 | ||
|     (c) Each permit shall specify all terms and conditions  | ||
| under which the
investigation shall be carried out, including,  | ||
| but not limited to, location
and nature of the investigation  | ||
| and plans for analysis and publication of
the results. Upon  | ||
| completion of the project, the permit holder shall report
its  | ||
| results to the Department of Natural Resources Historic  | ||
| Preservation Agency for approval.
 | ||
| (Source: P.A. 86-459; 86-707.)
 | ||
|     (20 ILCS 3435/7)  (from Ch. 127, par. 133c7)
 | ||
|     Sec. 7. 
All materials and associated records remain the  | ||
| property of
the State and are managed by the Illinois State  | ||
| Museum.  The Illinois State
Museum, in consultation with the  | ||
| Department of Natural Resources Historic Preservation Agency,  | ||
| is
authorized to establish long-term curation agreements with  | ||
| universities,
museums and other organizations.
 | ||
| (Source: P.A. 86-459; 86-707.)
 | ||
|     (20 ILCS 3435/8)  (from Ch. 127, par. 133c8)
 | ||
|     Sec. 8. 
(a)  The Illinois State Museum shall be exempt from  | ||
| the permit
requirements established by this Act for lands under  | ||
| its direct management
but shall register that exploration with  | ||
| the Department of Natural Resources Historic Preservation  | ||
| Agency;
such registration shall include the information  | ||
| required under subsection
(c) of Section 6.
 | ||
|     (b) Any agency or department of the State of Illinois which  | ||
| has on
its staff a professional archaeologist or paleontologist  | ||
| who meets the
minimum qualifications established in Section 9  | ||
| and which has in effect a
memorandum of agreement with the  | ||
| Department of Natural Resources Historic Preservation Agency  | ||
| for the
protection, preservation and management of  | ||
| archaeological and
paleontological resources shall be exempt  | ||
| from the permit requirements
established by this Act.
 | ||
|     (c) Activities reviewed by the Department of Natural  | ||
| Resources Historic Preservation Agency pursuant
to Section 106  | ||
| of the National Historic Preservation Act (16 U.S.C. 470f)
 | ||
| shall be exempt from these permitting requirements.
 | ||
|     (d) Where a local government's activities are funded in  | ||
| whole or in part
by a State agency and the funded activities  | ||
| are supervised or controlled by
the State agency, the local  | ||
| government shall be exempt from the permit
requirements  | ||
| established by this Act to the same extent that the State
 | ||
| agency is exempt.  The State agency shall be responsible for  | ||
| undertaking or
causing to be undertaken any steps necessary to  | ||
| comply with this Act for
those local government actions so  | ||
| exempted.
 | ||
| (Source: P.A. 86-459; 86-707.)
 | ||
|     (20 ILCS 3435/9)  (from Ch. 127, par. 133c9)
 | ||
|     Sec. 9. 
The Department of Natural Resources Historic  | ||
| Preservation Agency shall, through rulemaking,
establish  | ||
| minimum standards of education and experience for an
 | ||
| archaeologist or paleontologist to qualify as a professional  | ||
| for the
purpose of conducting activities for which a permit is  | ||
| required.
 | ||
| (Source: P.A. 86-459; 86-707.)
 | ||
|     (20 ILCS 3435/10)  (from Ch. 127, par. 133c10)
 | ||
|     Sec. 10. 
The Illinois State Museum, in cooperation with the  | ||
| Department of Natural Resources Historic
Preservation Agency,  | ||
| shall develop and maintain files containing
information on  | ||
| known archaeological and paleontological sites in
the State,  | ||
| whether on State controlled or privately owned property.  The  | ||
| Department of Natural Resources
Historic Preservation Agency  | ||
| shall ensure the safety of those sites by
promulgating  | ||
| regulations limiting access to those files as necessary.
 | ||
| (Source: P.A. 86-459; 86-707.)
 | ||
|     (20 ILCS 3435/11)  (from Ch. 127, par. 133c11)
 | ||
|     Sec. 11. 
The Department of Natural Resources Historic  | ||
| Preservation Agency, in consultation with other
State agencies  | ||
| and Departments that own or control land, shall promulgate
such  | ||
| regulations as may be necessary to carry out the purposes of  | ||
| this Act.
 | ||
| (Source: P.A. 86-459; 86-707.)
 | ||
|     Section 60. The Human Skeletal Remains Protection Act is  | ||
| amended  by changing Sections 3, 4, 5, 8, 9, 13, 14, 15, and 16  | ||
| as follows:
 | ||
|     (20 ILCS 3440/3)  (from Ch. 127, par. 2663)
 | ||
|     Sec. 3. 
Any person who discovers human skeletal remains  | ||
| subject to
this Act shall promptly notify the coroner.  Any  | ||
| person who knowingly fails
to report such a discovery within 48  | ||
| hours is guilty of a Class C
misdemeanor, unless such person  | ||
| has reasonable cause to believe that the
coroner had already  | ||
| been so notified.  If the human skeletal remains appear
to be  | ||
| from an unregistered grave, the coroner shall promptly notify  | ||
| the Department of Natural Resources
Historic Preservation  | ||
| Agency prior to their removal.  Nothing in this Act
shall be  | ||
| construed to apply to human skeletal remains subject to "An Act  | ||
| to
revise the law in relation to coroners".
 | ||
| (Source: P.A. 86-151.)
 | ||
|     (20 ILCS 3440/4)  (from Ch. 127, par. 2664)
 | ||
|     Sec. 4. 
It is unlawful for any person, either by himself or  | ||
| through
an agent, to knowingly disturb human skeletal remains  | ||
| and grave artifacts
in unregistered graves protected by this  | ||
| Act unless such person obtains a
permit issued by the  | ||
| Department of Natural Resources Historic Preservation Agency.
 | ||
| (Source: P.A. 86-151.)
 | ||
|     (20 ILCS 3440/5)  (from Ch. 127, par. 2665)
 | ||
|     Sec. 5. 
It is unlawful for any person, either by himself or  | ||
| through
an agent, to knowingly disturb a grave marker protected  | ||
| by this Act unless
such person obtains a permit issued by the  | ||
| Department of Natural Resources Historic Preservation Agency.
 | ||
| (Source: P.A. 86-151.)
 | ||
|     (20 ILCS 3440/8)  (from Ch. 127, par. 2668)
 | ||
|     Sec. 8. 
The State's Attorney of the county in which a
 | ||
| violation of Sections 4, 5, 6, or 7 of this Act is alleged to
 | ||
| have occurred, or the Attorney General, may be requested by
the  | ||
| Director of Natural Resources the Historic Preservation Agency  | ||
| to initiate
criminal prosecutions or to seek civil damages,  | ||
| injunctive
relief and any other appropriate relief.  The  | ||
| Department of Natural Resources Historic
Preservation Agency  | ||
| shall co-operate with the State's Attorney
or the Attorney  | ||
| General.  Persons aware of any violations of
this Act shall  | ||
| contact the Department of Natural Resources Historic  | ||
| Preservation Agency.
 | ||
| (Source: P.A. 86-151.)
 | ||
|     (20 ILCS 3440/9)  (from Ch. 127, par. 2669)
 | ||
|     Sec. 9. 
The Department of Natural Resources Historic  | ||
| Preservation Agency is authorized to offer a
reward of up to  | ||
| $2000 for information leading to the arrest and
conviction of  | ||
| persons who violate Sections 4, 5, 6, and 7 of this Act.
 | ||
| (Source: P.A. 86-151.)
 | ||
|     (20 ILCS 3440/13)  (from Ch. 127, par. 2673)
 | ||
|     Sec. 13. 
(a) The Department of Natural Resources Historic  | ||
| Preservation Agency shall develop
regulations, in consultation  | ||
| with the Illinois State Museum, whereby
permits may be issued  | ||
| for the removal of human skeletal remains and grave
artifacts  | ||
| from unregistered graves or the removal of grave markers.
 | ||
|     (b) Each permit shall specify all terms and conditions  | ||
| under which the
removal of human skeletal remains, grave  | ||
| artifacts, or grave markers shall
be carried out.  All costs  | ||
| accrued in the removal of the aforementioned
materials shall be  | ||
| borne by the permit applicant.  Upon completion of the
project,  | ||
| the permit holder shall submit a report of the results to the  | ||
| Department of Natural Resources
Historic Preservation Agency.
 | ||
| (Source: P.A. 86-151.)
 | ||
|     (20 ILCS 3440/14)  (from Ch. 127, par. 2674)
 | ||
|     Sec. 14. 
All human skeletal remains and grave artifacts in
 | ||
| unregistered graves are held in trust for the people of  | ||
| Illinois by the
State and are under the jurisdiction of the  | ||
| Department of Natural Resources Historic Preservation Agency.
 | ||
| All materials collected under this Act shall be maintained,  | ||
| with dignity
and respect, for the people of the State under the  | ||
| care of the Illinois
State Museum.
 | ||
| (Source: P.A. 86-151.)
 | ||
|     (20 ILCS 3440/15)  (from Ch. 127, par. 2675)
 | ||
|     Sec. 15. 
The Department of Natural Resources Historic  | ||
| Preservation Agency shall promulgate such
regulations as may be  | ||
| necessary to carry out the purposes of this Act.
 | ||
| (Source: P.A. 86-151.)
 | ||
|     (20 ILCS 3440/16)  (from Ch. 127, par. 2676)
 | ||
|     Sec. 16. 
Activities reviewed by the Department of Natural  | ||
| Resources Historic Preservation Agency
pursuant to Section 106  | ||
| of the National Historic Preservation Act (16
U.S.C. 470f) and  | ||
| activities permitted pursuant to the Federal Surface
Mining  | ||
| Control and Reclamation Act of 1977 (P.L. 95-87), or the rules  | ||
| and
regulations promulgated thereunder or any law, rule or  | ||
| regulation adopted
by the State of Illinois thereunder shall be  | ||
| exempt from these permitting
requirements.
 | ||
| (Source: P.A. 86-151.)
 | ||
|     Section 65. The Abraham Lincoln Presidential Library and  | ||
| Museum Act is amended  by changing Sections 30 and 60 as  | ||
| follows: | ||
|     (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  | ||
| Agency 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.) | ||
|     (20 ILCS 3475/60)
 | ||
|     Sec. 60. Separation from the Historic Preservation Agency.   | ||
| On the effective date of this Act, all of the powers, duties,  | ||
| assets, liabilities, employees, contracts, property (real and  | ||
| personal), including any items formerly contained in the  | ||
| Illinois State Historical Library now presently held in the  | ||
| Abraham Lincoln Presidential Library and Museum, records,  | ||
| pending business, and unexpended appropriations of the  | ||
| Historic Preservation Agency related to the administration and  | ||
| enforcement of Sections 17, 32, and 33 of the Historic  | ||
| Preservation Agency Act are transferred to the Agency created  | ||
| under this Act.
The status and rights of the transferred  | ||
| employees, and the rights of the State of Illinois and its  | ||
| agencies, under the Personnel Code and applicable collective  | ||
| bargaining agreements or under any pension, retirement, or  | ||
| annuity plan are not affected (except as provided in Sections  | ||
| 14-110 and 18-127 of the Illinois Pension Code) by that  | ||
| transfer or by any other provision of this Act.
 | ||
| (Source: P.A. 100-120, eff. 8-18-17.) | ||
|     Section 70. The Mississippi River Coordinating Council Act  | ||
| is amended  by changing Sections 10 and 20 as follows: | ||
|     (20 ILCS 4003/10)
 | ||
|     Sec. 10. Mississippi River Coordinating Council.  | ||
|     (a)    There is established the Mississippi River  | ||
| Coordinating Council (Council), consisting of 16 voting  | ||
| members to be appointed by the Governor.  One member shall be  | ||
| the Lieutenant Governor who shall serve as a voting member and  | ||
| as chairperson of the Council.  The agency members of the  | ||
| Council shall include the Directors, or their designees, of the  | ||
| following:  the Department of Agriculture, the Department of  | ||
| Commerce and Economic Opportunity, the Illinois Environmental  | ||
| Protection Agency, the Department of Natural Resources, the  | ||
| Historic Preservation Agency, and the Department of  | ||
| Transportation. In addition, the Council shall include one  | ||
| member representing Soil and Water Conservation Districts  | ||
| located in the proximity of the Mississippi River and its  | ||
| tributaries, and 8 members representing local communities,  | ||
| not-for-profit organizations working to protect the  | ||
| Mississippi River and its tributaries, businesses,  | ||
| agriculture, recreation, conservation, and the environment, 2  | ||
| of which must reside within a county that is adjacent to the  | ||
| Mississippi River. | ||
|     (b)   The Governor may appoint, as ex-officio members,  | ||
| individuals representing the interests of the states who border  | ||
| the Mississippi River and individuals representing federal  | ||
| agencies. | ||
|     (c)    Members of the Council shall serve 2-year terms, except  | ||
| that of the initial appointments, 5 members shall be appointed  | ||
| to serve 3-year terms and 4 members to serve one-year terms. | ||
|     (d)   The Council shall meet at least quarterly. | ||
|     (e)    The Office of the Lieutenant Governor shall be  | ||
| responsible for the operations of the Council, including,  | ||
| without limitation, funding and oversight of the Council's  | ||
| activities.  The Office may reimburse members of the Council for  | ||
| travel expenses. | ||
|     (f)     This Section is subject to the provisions of Section  | ||
| 405-500 of the Department of Central Management Services Law. | ||
|     (g) The members of the Council shall appoint one member of  | ||
| the Council to serve as the Illinois representative to the  | ||
| National Mississippi River Parkway Commission. 
 | ||
| (Source: P.A. 97-178, eff. 7-22-11.) | ||
|     (20 ILCS 4003/20)
 | ||
|     Sec. 20. Agency duties. State agencies represented on the  | ||
| Council shall provide to the Council, on request, information  | ||
| concerning agency programs, data, and activities that impact  | ||
| the restoration and preservation of the Mississippi River and  | ||
| its tributaries. The Secretary of Transportation, the Director  | ||
| of Agriculture, the Director of the Environmental Protection  | ||
| Agency, the Director of Historic Preservation, the Director of  | ||
| Natural Resources, and the Director of Commerce and Economic  | ||
| Opportunity shall each designate at least one employee from his  | ||
| or her respective agency to assist the Council.
 | ||
| (Source: P.A. 97-178, eff. 7-22-11.) | ||
|     Section 75. The Task Force on Inventorying Employment  | ||
| Restrictions Act is amended  by changing Section 10 as follows: | ||
|     (20 ILCS 5000/10) | ||
|     Sec. 10. Definitions. As used in this Act: | ||
|     "State agencies" shall mean the following State agencies,  | ||
| boards, and commissions: Department on Aging, Department of  | ||
| Agriculture, Office of Appellate Defender, Office of the  | ||
| State's Attorneys Appellate Prosecutor, Illinois Arts Council,  | ||
| Office of the Attorney General, Auditor General, Capital  | ||
| Development Board, Department of Central Management Services,  | ||
| Department of Children and Family Services, Civil Service  | ||
| Commission, Illinois  Department of Commerce and Economic  | ||
| Opportunity, Illinois Commerce Commission, Illinois Community  | ||
| College Board, State of Illinois Comprehensive Health  | ||
| Insurance Plan, Office of the Comptroller,  Department of  | ||
| Corrections, Criminal Justice Information Authority, Illinois  | ||
| Council on Developmental Disabilities, Illinois Deaf and Hard  | ||
| of Hearing Commission, Commission on Discrimination and Hate  | ||
| Crimes, State Board of Education, Illinois Educational Labor  | ||
| Relations Board, State Board of  Elections, Illinois Emergency  | ||
| Management Agency, Department of Employment Security,  | ||
| Environmental Protection Agency, Illinois State  Fair, Illinois  | ||
| Finance Authority, Department of Financial and Professional  | ||
| Regulation, Office of the First Lady, Illinois Gaming Board,  | ||
| Office of the Governor, Guardianship and Advocacy Commission,  | ||
| Department of Healthcare and Family Services, Board of Higher  | ||
| Education, Historic Preservation Agency, Illinois Housing  | ||
| Development Authority, Illinois Human Rights Commission,  | ||
| Department of  Human Rights, Department of  Human Services,  | ||
| Illinois State Board of Investment, Department of Juvenile  | ||
| Justice, Office of the  Lieutenant Governor, Department of  | ||
| Labor, Illinois Labor Relations Board, Illinois Law  | ||
| Enforcement Training  Standards Board, Illinois Liquor Control  | ||
| Commission, Illinois Lottery, Governor's Office of Management  | ||
| and Budget, Illinois Medical District Commission, Department  | ||
| of  Military Affairs, Department of Natural Resources,  | ||
| Pollution Control Board, Prairie State 2000 Authority,   | ||
| Property Tax Appeal Board, Department of Public Health,  | ||
| Illinois Prisoner Review Board, Illinois Racing Board,  | ||
| Department of Revenue, Office of the Secretary of State, State  | ||
| Fire Marshal, Illinois State Police, State Police Merit Board,  | ||
| State Retirement Systems, Office of the State Treasurer,  State  | ||
| Universities Civil Service System, State Universities  | ||
| Retirement System, Illinois Student Assistance Commission,  | ||
| Illinois  Supreme Court, Illinois Teachers' Retirement System,   | ||
| Illinois State Toll Highway Authority, Department of  | ||
| Transportation, Department of Veterans' Affairs, Governor's  | ||
| Office of Women's Affairs, and Illinois Workers' Compensation  | ||
| Commission.
 | ||
| (Source: P.A. 100-143, eff. 1-1-18.) | ||
|     Section 80. The Heritage Preservation Act is amended  by  | ||
| changing Section 3 as follows:
 | ||
|     (30 ILCS 145/3)  (from Ch. 127, par. 2653)
 | ||
|     Sec. 3. 
(a) There is created the Heritage Preservation  | ||
| Fund,
a special fund in the State Treasury.
 | ||
|     (b) The Department of Natural Resources Historic  | ||
| Preservation Agency shall deposit any donations
received for  | ||
| heritage preservation purposes in the Heritage Preservation  | ||
| Fund.
 | ||
|     (c) The General Assembly may appropriate monies from the
 | ||
| Heritage Preservation Fund to the Department of Natural  | ||
| Resources Historic Preservation Agency
for the purposes of  | ||
| identifying, purchasing, restoring,
preserving, protecting,  | ||
| collecting and interpreting the
cultural and historical  | ||
| resources and heritage of the State
and its people.
 | ||
| (Source: P.A. 86-678.)
 | ||
|     Section 85. The Public Use Trust Act is amended  by changing  | ||
| Section 2 as follows:
 | ||
|     (30 ILCS 160/2)  (from Ch. 127, par. 4002)
 | ||
|     Sec. 2. 
(a) The Department of Agriculture and , the  | ||
| Department of Natural
Resources, and the Historic Preservation  | ||
| Agency have the
power to enter into a trust agreement with a  | ||
| person or group of persons under
which the State agency may  | ||
| receive or collect money or other property from the
person or  | ||
| group of persons and may expend such money or property solely  | ||
| for a
public purpose within the powers and duties of that State  | ||
| agency and stated in
the trust agreement.  The State agency  | ||
| shall be the trustee under any such
trust agreement.
 | ||
|     (b) Money or property received under a trust agreement  | ||
| shall not be
deposited in the State treasury and is not subject  | ||
| to appropriation by the
General Assembly, but shall be held and  | ||
| invested by the trustee separate
and apart from the State  | ||
| treasury.  The trustee shall invest money or
property received  | ||
| under a trust agreement as provided for trustees under
the  | ||
| Trusts and Trustees Act or as otherwise provided in the trust  | ||
| agreement.
 | ||
|     (c) The trustee shall maintain detailed records of all  | ||
| receipts and
disbursements in the same manner as required for  | ||
| trustees under the Trusts
and Trustees Act.  The trustee shall  | ||
| provide an annual accounting of all
receipts, disbursements,  | ||
| and inventory to all donors to the trust and the
Auditor  | ||
| General.  The annual accounting shall be made available to any
 | ||
| member of the public upon request.
 | ||
| (Source: P.A. 89-445, eff. 2-7-96.)
 | ||
|     Section 90. The Build Illinois Act is amended  by changing  | ||
| Section 1-3 as follows:
 | ||
|     (30 ILCS 750/1-3)  (from Ch. 127, par. 2701-3)
 | ||
|     Sec. 1-3. 
The following agencies, boards and entities of  | ||
| State government
may expend appropriations for the purposes  | ||
| contained in this Act: Department
of Natural Resources;  | ||
| Department of Agriculture; Illinois Finance
Authority; Capital  | ||
| Development Board; Department of Transportation; Department
of  | ||
| Central Management Services; Illinois Arts Council;  | ||
| Environmental Protection
Agency; Historic Preservation Agency;  | ||
| State Board of Higher Education; the
Metropolitan Pier and
 | ||
| Exposition Authority; State Board of Education; Illinois  | ||
| Community College
Board; Board of Trustees of the University of  | ||
| Illinois; Board of
Trustees of Chicago State University; Board  | ||
| of Trustees of Eastern Illinois
University; Board of Trustees  | ||
| of Governors State University; Board of Trustees
of Illinois  | ||
| State University; Board of Trustees of Northeastern Illinois
 | ||
| University; Board of Trustees of Northern Illinois University;  | ||
| Board of
Trustees of Western Illinois University; and Board of  | ||
| Trustees of Southern
Illinois University.
 | ||
| (Source: P.A. 93-205, eff. 1-1-04.)
 | ||
|     Section 95. The Illinois Income Tax Act is amended  by  | ||
| changing Section 221 as follows: | ||
|     (35 ILCS 5/221) | ||
|     Sec. 221. Rehabilitation costs; qualified historic  | ||
| properties; River Edge Redevelopment Zone. | ||
|     (a)  For taxable years beginning on or after January 1, 2012  | ||
| and ending prior to January 1, 2022, there shall be allowed a  | ||
| tax credit against the tax imposed by subsections (a) and (b)  | ||
| of Section 201 in an amount equal to 25% of qualified  | ||
| expenditures incurred by a qualified taxpayer during the  | ||
| taxable year in the restoration and preservation of a qualified  | ||
| historic structure located in a River Edge Redevelopment Zone  | ||
| pursuant to a qualified rehabilitation plan, provided that the  | ||
| total amount of such expenditures (i) must equal $5,000 or more  | ||
| and (ii) must exceed 50% of the purchase price of the property. | ||
|     (b)  To obtain a tax credit pursuant to this Section, the  | ||
| taxpayer must apply with the Department of Commerce and  | ||
| Economic Opportunity. The Department of Commerce and Economic  | ||
| Opportunity, in consultation with the Department of Natural  | ||
| Resources Historic Preservation Agency, shall determine the  | ||
| amount of eligible rehabilitation costs and expenses. The  | ||
| Department of Natural Resources Historic Preservation Agency  | ||
| shall determine whether the rehabilitation is consistent with  | ||
| the standards of the Secretary of the United States Department  | ||
| of the Interior for rehabilitation. Upon completion and review  | ||
| of the project, the Department of Commerce and Economic  | ||
| Opportunity shall issue a certificate in the amount of the  | ||
| eligible credits. At the time the certificate is issued, an  | ||
| issuance fee up to the maximum amount of 2% of the amount of  | ||
| the credits issued by the certificate may be collected from the  | ||
| applicant to administer the provisions of this Section. If  | ||
| collected, this issuance fee shall be deposited into the  | ||
| Historic Property Administrative Fund, a special fund created  | ||
| in the State treasury.  Subject to appropriation, moneys in the  | ||
| Historic Property Administrative Fund shall be evenly divided  | ||
| between the Department of Commerce and Economic Opportunity and  | ||
| the Department of Natural Resources Historic Preservation  | ||
| Agency to reimburse the Department of Commerce and Economic  | ||
| Opportunity and the Department of Natural Resources Historic  | ||
| Preservation Agency for the costs associated with  | ||
| administering this Section. The taxpayer must attach the  | ||
| certificate to the tax return on which the credits are to be  | ||
| claimed. The Department of Commerce and Economic Opportunity  | ||
| may adopt rules to implement this Section.  | ||
|     (c)  The tax credit under this Section may not reduce the  | ||
| taxpayer's liability to less than
zero.  | ||
|     (d)  As used in this Section, the following terms have the  | ||
| following meanings. | ||
|     "Qualified expenditure" means all the costs and expenses  | ||
| defined as qualified rehabilitation expenditures under Section  | ||
| 47 of the federal Internal Revenue Code that were incurred in  | ||
| connection with a qualified historic structure.  | ||
|     "Qualified historic structure" means a certified historic  | ||
| structure as defined under Section 47(c)(3) of the federal  | ||
| Internal Revenue Code.  | ||
|     "Qualified rehabilitation plan" means a project that is  | ||
| approved by the Department of Natural Resources Historic  | ||
| Preservation Agency as being consistent with the standards in  | ||
| effect on the effective date of this amendatory Act of the 97th  | ||
| General Assembly for rehabilitation as adopted by the federal  | ||
| Secretary of the Interior.  | ||
|     "Qualified taxpayer" means the owner of the qualified  | ||
| historic structure or any other person who qualifies for the  | ||
| federal rehabilitation credit allowed by Section 47 of the  | ||
| federal Internal Revenue Code with respect to that qualified  | ||
| historic structure.  Partners, shareholders of subchapter S  | ||
| corporations, and owners of limited liability companies (if the  | ||
| limited liability company is treated as  a partnership for  | ||
| purposes of federal and State income taxation) are entitled to  | ||
| a credit under this Section to be determined in accordance with  | ||
| the determination of income and distributive share of income  | ||
| under Sections 702 and 703 and subchapter S of the Internal  | ||
| Revenue Code, provided that credits granted to  a partnership, a  | ||
| limited liability company taxed as a partnership, or other  | ||
| multiple owners of property shall be passed through to the  | ||
| partners, members, or owners respectively on a pro rata basis  | ||
| or pursuant to an executed agreement among the partners,  | ||
| members, or owners documenting any alternate distribution  | ||
| method. 
 | ||
| (Source: P.A. 99-914, eff. 12-20-16; 100-236, eff. 8-18-17.) | ||
|     Section 100. The Historic Preservation Tax Credit Pilot  | ||
| Program Act is amended  by changing Sections 5, 15, and 30 as  | ||
| follows: | ||
|     (35 ILCS 30/5)
 | ||
|     Sec. 5. Definitions. As used in this Section, unless the
 | ||
| context clearly indicates otherwise: | ||
|     (a) (Blank). "Agency" means the Historic Preservation  | ||
| Agency. | ||
|     (b) "Department" means the Department of Commerce and  | ||
| Economic Opportunity. | ||
|     (c) "Qualified expenditures" means all the costs and
 | ||
| expenses defined as qualified rehabilitation expenditures  | ||
| under Section 47 of the federal Internal Revenue Code which  | ||
| were incurred in connection with a qualified historic  | ||
| structure. | ||
|     (d) "Qualified historic structure" means a hotel  that is  | ||
| located in the City of Peoria and that  is defined as a  | ||
| certified historic structure under Section 47 (c)(3) of the  | ||
| federal Internal Revenue Code. | ||
|     (e) "Qualified rehabilitation plan" means a project that is
 | ||
| approved by the Department of Natural Resources Agency as being  | ||
| consistent with the standards in effect on the effective date  | ||
| of this Act for rehabilitation as adopted by the federal  | ||
| Secretary of the Interior. | ||
|     (f) "Qualified taxpayer" means the owner of the qualified
 | ||
| historic structure or any other person who may qualify for the
 | ||
| federal rehabilitation credit allowed by Section 47 of the
 | ||
| federal Internal Revenue Code. If the taxpayer is (i) a
 | ||
| corporation having an election in effect under Subchapter S of
 | ||
| the federal Internal Revenue Code, (ii) a partnership, or (iii)
 | ||
| a limited liability company, the credit provided under this Act  | ||
| may be claimed by the shareholders of the
corporation, the  | ||
| partners of the partnership, or the members of
the limited  | ||
| liability company in the same manner as those
shareholders,  | ||
| partners, or members account for their
proportionate shares of  | ||
| the income or losses of the
corporation, partnership, or  | ||
| limited liability company, or as
provided in the by-laws or  | ||
| other executed agreement of the
corporation, partnership, or  | ||
| limited liability company.
Credits granted to a partnership, a  | ||
| limited liability company
taxed as a partnership, or other  | ||
| multiple owners of property
shall be passed through to the  | ||
| partners, members, or owners
respectively on a pro rata basis  | ||
| or pursuant to an executed
agreement among the partners,  | ||
| members, or owners documenting
any alternate distribution  | ||
| method.
 | ||
| (Source: P.A. 96-933, eff. 6-21-10.) | ||
|     (35 ILCS 30/15)
 | ||
|     Sec. 15. Allowable credit. To the extent authorized by  | ||
| Section 25 of this Act, for taxable years beginning on or after  | ||
| January 1, 2010 and ending on or before December 31, 2015,  | ||
| there shall be allowed a
tax credit against the tax imposed by  | ||
| subsections (a) and (b)
of Section 201 of the Illinois Income  | ||
| Tax Act in an amount
equal to 25% of qualified expenditures  | ||
| incurred by a qualified
taxpayer during the taxable year in the  | ||
| restoration and preservation of a qualified
historic structure  | ||
| pursuant to a qualified rehabilitation plan, provided that the  | ||
| total amount of such expenditures (i) must equal $5,000 or  | ||
| more, and (ii) must exceed 50% of the purchase price of the  | ||
| property. If the amount of any tax credit awarded under this  | ||
| Act exceeds the qualified taxpayer's income tax liability for  | ||
| the year in which the qualified rehabilitation plan was placed  | ||
| in service, the excess amount may be carried forward for  | ||
| deduction from the taxpayer's income tax liability in the next  | ||
| succeeding year or years until the total amount of the credit  | ||
| has been used, except that a credit may not be carried forward  | ||
| for deduction after the tenth taxable year after the taxable  | ||
| year in which the qualified rehabilitation plan was placed in  | ||
| service. To obtain a tax credit pursuant to this Act, an  | ||
| application must be made to the Department no later than 6  | ||
| months after the effective date of this Act. The Department, in  | ||
| consultation with the Department of Natural Resources Agency,  | ||
| shall determine the amount of eligible rehabilitation costs and  | ||
| expenses. The Department of Natural Resources Agency shall  | ||
| determine whether the rehabilitation is consistent with the  | ||
| standards of the Secretary of the United States Department of  | ||
| the Interior for rehabilitation. Upon completion and review of  | ||
| the project, the Department shall issue a certificate in the  | ||
| amount of the eligible credits.  At the time the certificate is  | ||
| issued, an issuance fee up to the maximum amount of 2% of the  | ||
| amount of the credits issued by the certificate may be  | ||
| collected from the applicant to administer the Act. If  | ||
| collected, this issuance fee shall be evenly divided between  | ||
| the Department and the Department of Natural Resources Agency.   | ||
| The taxpayer must attach the certificate to the tax return on  | ||
| which the credits are to be claimed.
 | ||
| (Source: P.A. 96-933, eff. 6-21-10.) | ||
|     (35 ILCS 30/30)
 | ||
|     Sec. 30. Powers. The Department and the Department of  | ||
| Natural Resources Agency shall promulgate rules and  | ||
| regulations for the administration of this Act.
 | ||
| (Source: P.A. 96-933, eff. 6-21-10.) | ||
|     Section 105. The Counties Code is amended  by changing  | ||
| Sections 5-31012 and 5-31017 as follows:
 | ||
|     (55 ILCS 5/5-31012)  (from Ch. 34, par. 5-31012)
 | ||
|     Sec. 5-31012. Powers of district. To the extent necessary  | ||
| to
carry out the purpose of this Division and in addition to  | ||
| any
other powers, duties and functions vested in museum  | ||
| districts by law, but
subject to limitations and restrictions  | ||
| imposed elsewhere by this
Division or other law, a museum  | ||
| district is authorized and empowered:
 | ||
|     (a) To adopt bylaws, adopt and use a common seal, enter  | ||
| into contracts,
acquire and hold real and personal property and  | ||
| take such other actions as
may be necessary for the proper  | ||
| conduct of its affairs.
 | ||
|     (b) To make and publish all ordinances, rules and  | ||
| regulations necessary
for the management and protection of its  | ||
| property and the conduct of its
affairs.
 | ||
|     (c) To study and ascertain the museum district artifacts  | ||
| and
other materials, the need for preserving such resources and  | ||
| providing such
facilities and the extent to which such needs  | ||
| are currently being met, and
to prepare and adopt coordinated  | ||
| plans to meet such needs.
 | ||
|     (d) To acquire by gift, devise, purchase, lease, agreement  | ||
| or otherwise
the fee or any lessor right or interest in real  | ||
| and personal property, and
to hold the same with public access  | ||
| for those who wish to examine or study it.
The museum district  | ||
| may accept the transfer of any real or personal
property owned  | ||
| or controlled by the State of Illinois,
the county board, or  | ||
| the governing body of any municipality, district or
public  | ||
| corporation and not devoted or dedicated to any other
 | ||
| inconsistent public use.  In acquiring or accepting land or  | ||
| rights thereto,
the museum district shall give due  | ||
| consideration to its historical value or
county significance,  | ||
| and no real property shall be acquired or accepted
which in the  | ||
| opinion of the museum district and the Illinois State Museum
is  | ||
| of low value as to its proposed use.
 | ||
|     (e) To acquire any or all interest in real or personal  | ||
| property by a
contract for purchase providing for payment in  | ||
| installments
over a period not to exceed 10 years with interest  | ||
| on the unpaid
balance owing not to exceed an amount calculated  | ||
| pursuant to the provisions
of "An Act to authorize public  | ||
| corporations to issue bonds, other evidences
of indebtedness  | ||
| and tax anticipation warrants subject to interest rate
 | ||
| limitations set forth therein", approved May 26, 1970, as  | ||
| amended.  The
indebtedness incurred under this subsection when  | ||
| aggregated with existing
indebtedness may not exceed the debt  | ||
| limits provided in Section 5-31016.
 | ||
|     (f) To classify, designate, plan, develop, preserve,  | ||
| administer and
maintain all areas and facilities in which it  | ||
| has an interest and to
construct, reconstruct, alter, renew,  | ||
| equip and maintain buildings and
other structures. Any work  | ||
| performed on any building, appurtenance,
structure or area  | ||
| listed on the National Register of Historic Places or
deemed  | ||
| eligible for such listing shall be performed within such  | ||
| guidelines
as are established by the Department of Natural  | ||
| Resources Illinois Historic Preservation Agency.
 | ||
|     (g) To accept gifts, grants, bequests, contributions and  | ||
| appropriations
of money and personal property for museum  | ||
| district purposes.
 | ||
|     (h) To employ and fix the compensation of an executive  | ||
| officer who shall
be responsible to the board for the  | ||
| implementation of its policies.  The
executive officer shall  | ||
| have the power, subject to the approval of the
board, to employ  | ||
| and fix the compensation of such assistants and employees
as  | ||
| the board may consider necessary for the implementation of this  | ||
| Division.
 | ||
|     (i) To charge and collect reasonable fees for the use of  | ||
| such facilities,
privileges and conveniences as may be  | ||
| provided.
 | ||
|     (j) To police its property and to exercise police powers in  | ||
| respect thereto
or in respect to the enforcement of any rule or  | ||
| regulation provided by its
ordinances.
 | ||
|     (k) To lease land for a period not longer than 50 years to  | ||
| a responsible
person, firm, or corporation for construction,  | ||
| reconstruction, alteration,
development, operation and  | ||
| maintenance of buildings, roads, and parking areas.
Any work  | ||
| performed on any leased building, structure, appurtenances or
 | ||
| area which is listed on the National Register of Historic  | ||
| Places or deemed
eligible for such listing shall be performed  | ||
| within such guidelines as are
established by the Department of  | ||
| Natural Resources Illinois Historic Preservation Agency. Upon  | ||
| expiration
of any lease of land under  this subsection, title to  | ||
| all structures on the
leased land shall be vested in the museum  | ||
| district.
 | ||
|     (l) To lease any building or facility constructed,  | ||
| reconstructed, altered,
renewed, equipped, furnished,  | ||
| extended, developed, and maintained by the
museum district to a  | ||
| responsible person, firm or corporation for operation
or  | ||
| development or both, and maintenance for a period not longer  | ||
| than 20 years.
Development, maintenance or both of any  | ||
| building, structures,
appurtenances or area which is listed on  | ||
| the National Register of Historic
Places or deemed eligible for  | ||
| such listing shall be performed within such
guidelines as are  | ||
| established by the Department of Natural Resources Illinois  | ||
| Historic
Preservation Agency.
 | ||
|     (m) To make grants to not-for-profit historical clubs,  | ||
| organizations
or groups within the county.
 | ||
| (Source: P.A. 86-962.)
 | ||
|     (55 ILCS 5/5-31017)  (from Ch. 34, par. 5-31017)
 | ||
|     Sec. 5-31017. Historical buildings. Nothing in this  | ||
| Division shall
prohibit the museum district from appropriating  | ||
| funds as otherwise provided
in this Division for the  | ||
| construction, equipment, extension, improvement,
operation or  | ||
| maintenance of any historical building, monument or marker.
 | ||
| Provided, however, that any work performed on any historical  | ||
| building,
monument or marker listed on the National Register of  | ||
| Historic Places or
deemed eligible for such listing shall be  | ||
| conducted within such guidelines
as are established by the  | ||
| Department of Natural Resources Illinois Historic Preservation  | ||
| Agency.
 | ||
| (Source: P.A. 86-962.)
 | ||
|     Section 110. The Historical Document Preservation Act is  | ||
| amended  by changing Section 2 as follows:
 | ||
|     (55 ILCS 120/2)  (from Ch. 128, par. 19)
 | ||
|     Sec. 2. 
The officer having the custody of such papers,  | ||
| drawings, maps,
writings and records shall permit search to be  | ||
| made at all reasonable hours
and under his supervision for such  | ||
| as may be deemed of historic interest.
Whenever so directed by  | ||
| the county board in the manner prescribed in the
foregoing  | ||
| section such officer shall deliver the same to the trustee,
 | ||
| directors or librarian or other officer of the Department of  | ||
| Natural Resources Historic
Preservation Agency or society
 | ||
| designated by such county board.
 | ||
| (Source: P.A. 92-600, eff. 7-1-02.)
 | ||
|     Section 115. The Liquor Control Act of 1934 is amended  by  | ||
| changing Section 6-15 as follows:
 | ||
|     (235 ILCS 5/6-15)  (from Ch. 43, par. 130)
 | ||
|     Sec. 6-15. No alcoholic liquors shall be sold or delivered  | ||
| in any
building belonging to or under the control of the State  | ||
| or any political
subdivision thereof except as provided in this  | ||
| Act.  The corporate
authorities of any city, village,  | ||
| incorporated town, township,  or county may provide by
 | ||
| ordinance, however, that alcoholic liquor may be sold or  | ||
| delivered in any
specifically designated building belonging to  | ||
| or under the control of the
municipality, township, or county,  | ||
| or in any building located on land under the
control of the  | ||
| municipality, township, or county; provided that such township  | ||
| or county complies with all
applicable local ordinances in any  | ||
| incorporated area of the township or county.
Alcoholic liquor  | ||
| may be delivered to and sold under the authority of a special  | ||
| use permit on any property owned by a conservation district  | ||
| organized under the Conservation District Act, provided that  | ||
| (i) the alcoholic liquor is sold only at an event authorized by  | ||
| the governing board of the conservation district, (ii) the  | ||
| issuance of the special use permit is authorized by the local  | ||
| liquor control commissioner of the territory in which the  | ||
| property is located, and (iii) the special use permit  | ||
| authorizes the sale of alcoholic liquor for one day or less.  | ||
| Alcoholic liquors may be delivered to and sold at any airport  | ||
| belonging to
or under the control of a municipality of more  | ||
| than 25,000 inhabitants, or
in any building or on any golf  | ||
| course owned by a park district organized under
the Park  | ||
| District
Code, subject to the approval of the governing board  | ||
| of the district, or
in any building or on any golf course owned  | ||
| by a forest preserve district
organized under the Downstate  | ||
| Forest Preserve District Act, subject to the
approval of the  | ||
| governing board of the district, or on the grounds
within 500  | ||
| feet of any building owned by a forest preserve district
 | ||
| organized under the Downstate Forest Preserve District Act  | ||
| during
times when food is dispensed for consumption within
500  | ||
| feet of the building from which the food is dispensed,
subject  | ||
| to the
approval of the
governing board of the district, or in a  | ||
| building owned by a Local Mass
Transit District organized under  | ||
| the Local Mass Transit District Act, subject
to the approval of  | ||
| the governing Board of the District, or in Bicentennial
Park,  | ||
| or
on the premises of the City of Mendota Lake Park
located  | ||
| adjacent to Route 51 in Mendota, Illinois, or on the premises  | ||
| of
Camden Park in Milan, Illinois, or in the community center  | ||
| owned by the
City of Loves Park that is located at 1000 River  | ||
| Park Drive in Loves Park,
Illinois, or, in connection with the  | ||
| operation of an established food
serving facility during times  | ||
| when food is dispensed for consumption on the
premises, and at  | ||
| the following aquarium and museums located in public
parks: Art  | ||
| Institute of Chicago, Chicago Academy of Sciences, Chicago
 | ||
| Historical Society, Field Museum of Natural History, Museum of  | ||
| Science and
Industry, DuSable Museum of African American  | ||
| History, John G. Shedd
Aquarium and Adler Planetarium, or at  | ||
| Lakeview Museum of Arts and Sciences
in Peoria, or in  | ||
| connection with the operation of the facilities of the
Chicago  | ||
| Zoological Society or the Chicago Horticultural Society on land
 | ||
| owned by the Forest Preserve District of Cook County,
or on any  | ||
| land used for a golf course or for recreational purposes
owned  | ||
| by the Forest Preserve District of Cook County, subject to the  | ||
| control
of the Forest Preserve District Board of Commissioners  | ||
| and applicable local
law, provided that dram shop liability  | ||
| insurance is provided at
maximum coverage limits so as to hold  | ||
| the
District harmless from all financial loss, damage, and  | ||
| harm,
or in any building
located on land owned by the Chicago  | ||
| Park District if approved by the Park
District Commissioners,  | ||
| or on any land used for a golf course or for
recreational  | ||
| purposes and owned by the Illinois International Port District  | ||
| if
approved by the District's governing board, or at any  | ||
| airport, golf course,
faculty center, or
facility in which  | ||
| conference and convention type activities take place
belonging  | ||
| to or under control of any State university or public community
 | ||
| college district, provided that with respect to a facility for  | ||
| conference
and convention type activities alcoholic liquors  | ||
| shall be limited to the
use of the convention or conference  | ||
| participants or participants
in cultural, political or  | ||
| educational activities held in such facilities,
and provided  | ||
| further that the faculty or staff of the State university or
a  | ||
| public community college district, or members of an  | ||
| organization of
students, alumni, faculty or staff of the State  | ||
| university or a public
community college district are active  | ||
| participants in the conference
or convention, or in Memorial  | ||
| Stadium on the campus of the University of
Illinois at  | ||
| Urbana-Champaign during games in which the
Chicago Bears  | ||
| professional football team is playing in that stadium during  | ||
| the
renovation of Soldier Field, not more than one and a half  | ||
| hours before the
start of the game and not after the end of the  | ||
| third quarter of the game,
or in the Pavilion Facility on the  | ||
| campus of the University of Illinois at Chicago during games in  | ||
| which the Chicago Storm professional soccer team is playing in  | ||
| that facility, not more than one and a half hours before the  | ||
| start of the game and not after the end of the third quarter of  | ||
| the game, or in the Pavilion Facility on the campus of the  | ||
| University of Illinois at Chicago during games in which the  | ||
| WNBA professional women's basketball team is playing in that  | ||
| facility, not more than one and a half hours before the start  | ||
| of the game and not after the 10-minute mark of the second half   | ||
| of the game, or by a catering establishment which has rented  | ||
| facilities
from a board of trustees of a public community  | ||
| college district, or in a restaurant that is operated by a  | ||
| commercial tenant in the North Campus Parking Deck building  | ||
| that (1) is located at 1201 West University Avenue, Urbana,  | ||
| Illinois and (2) is owned by the Board of Trustees of the  | ||
| University of Illinois, or, if
approved by the District board,  | ||
| on land owned by the Metropolitan Sanitary
District of Greater  | ||
| Chicago and leased to others for a term of at least
20 years.   | ||
| Nothing in this Section precludes the sale or delivery of
 | ||
| alcoholic liquor in the form of original packaged goods in  | ||
| premises located
at 500 S. Racine in Chicago belonging to the  | ||
| University of Illinois and
used primarily as a grocery store by  | ||
| a commercial tenant during the term of
a lease that predates  | ||
| the University's acquisition of the premises; but the
 | ||
| University shall have no power or authority to renew, transfer,  | ||
| or extend
the lease with terms allowing the sale of alcoholic  | ||
| liquor; and the sale of
alcoholic liquor shall be subject to  | ||
| all local laws and regulations.
After the acquisition by  | ||
| Winnebago County of the property located at 404
Elm Street in  | ||
| Rockford, a commercial tenant who sold alcoholic liquor at
 | ||
| retail on a portion of the property under a valid license at  | ||
| the time of
the acquisition may continue to do so for so long  | ||
| as the tenant and the
County may agree under existing or future  | ||
| leases, subject to all local laws
and regulations regarding the  | ||
| sale of alcoholic liquor. Alcoholic liquors may be delivered to  | ||
| and sold at Memorial Hall, located at 211 North Main Street,  | ||
| Rockford, under conditions approved by Winnebago County and  | ||
| subject to all local laws and regulations regarding the sale of  | ||
| alcoholic liquor.  Each
facility shall provide dram shop  | ||
| liability in maximum insurance coverage
limits so as to save  | ||
| harmless the State, municipality, State university,
airport,  | ||
| golf course, faculty center, facility in which conference and
 | ||
| convention type activities take place, park district, Forest  | ||
| Preserve
District, public community college district,  | ||
| aquarium, museum, or sanitary
district from all financial loss,  | ||
| damage or harm. Alcoholic liquors may be
sold at retail in  | ||
| buildings of golf courses owned by municipalities or Illinois  | ||
| State University in
connection with the operation of an  | ||
| established food serving facility
during times when food is  | ||
| dispensed for consumption upon the premises.
Alcoholic liquors  | ||
| may be delivered to and sold at retail in any building
owned by  | ||
| a fire protection district organized under the Fire Protection
 | ||
| District Act, provided that such delivery and sale is approved  | ||
| by the board
of trustees of the district, and provided further  | ||
| that such delivery and
sale is limited to fundraising events  | ||
| and to a maximum of 6 events per year. However, the limitation  | ||
| to fundraising events and to a maximum of 6 events per year  | ||
| does not apply to the delivery, sale, or manufacture of  | ||
| alcoholic liquors at the building located at 59 Main Street in  | ||
| Oswego, Illinois, owned by the Oswego Fire Protection District  | ||
| if the alcoholic liquor is sold or dispensed as approved by the  | ||
| Oswego Fire Protection District and the property is no longer  | ||
| being utilized for fire protection purposes.
 | ||
|     Alcoholic liquors may be served or sold in buildings under  | ||
| the control of the Board of Trustees of the University of  | ||
| Illinois for events that the Board may determine are public  | ||
| events and not related student activities.  The Board of  | ||
| Trustees shall issue a written policy within 6 months of August  | ||
| 15, 2008 (the effective date of Public Act 95-847) concerning  | ||
| the types of events that would be eligible for an exemption.   | ||
| Thereafter, the Board of Trustees may issue revised, updated,  | ||
| new, or amended policies as it deems necessary and appropriate.   | ||
| In preparing its written policy, the Board of Trustees shall,  | ||
| among other factors it considers relevant and important, give  | ||
| consideration to the following: (i) whether the event is a  | ||
| student activity or student related activity;  (ii) whether the  | ||
| physical setting of the event is conducive to control of liquor  | ||
| sales and distribution; (iii)  the ability of the event operator  | ||
| to ensure that the sale or serving of alcoholic liquors  and the  | ||
| demeanor of the participants are in accordance with State law  | ||
| and University policies; (iv) regarding the anticipated  | ||
| attendees at the event, the relative proportion of individuals  | ||
| under the age of 21 to individuals age 21 or older; (v) the  | ||
| ability of the venue operator to prevent the sale or  | ||
| distribution of alcoholic liquors to individuals under the age  | ||
| of 21; (vi) whether the event prohibits participants from  | ||
| removing alcoholic beverages from the venue; and (vii) whether  | ||
| the event prohibits participants from providing their own  | ||
| alcoholic liquors to the venue.  In addition, any policy  | ||
| submitted by the Board of Trustees to the Illinois Liquor  | ||
| Control Commission must require that any event at which  | ||
| alcoholic liquors are served or sold in buildings under the  | ||
| control of the Board of Trustees shall require the prior  | ||
| written approval of the Office of the Chancellor for the  | ||
| University campus where the event is located.   The Board of  | ||
| Trustees shall submit its policy, and any subsequently revised,  | ||
| updated, new, or amended policies, to the Illinois Liquor  | ||
| Control Commission, and any University event, or location for  | ||
| an event, exempted under such policies shall apply for a  | ||
| license under the applicable Sections of this Act.  | ||
|     Alcoholic liquors may be served or sold in buildings under
 | ||
| the control of the Board of Trustees of Northern Illinois  | ||
| University
for events that the Board may determine are public
 | ||
| events and not student-related activities. The Board of
 | ||
| Trustees shall issue a written policy within 6 months after  | ||
| June 28, 2011 (the
effective date of Public Act 97-45)  | ||
| concerning the types of events that would be eligible
for an  | ||
| exemption. Thereafter, the Board of Trustees may issue
revised,  | ||
| updated, new, or amended policies as it deems
necessary and  | ||
| appropriate. In preparing its written policy, the
Board of  | ||
| Trustees shall, in addition to other factors it considers
 | ||
| relevant and important, give consideration to the following:
 | ||
| (i) whether the event is a student activity or student-related
 | ||
| activity; (ii) whether the physical setting of the event is
 | ||
| conducive to control of liquor sales and distribution; (iii)
 | ||
| the ability of the event operator to ensure that the sale or
 | ||
| serving of alcoholic liquors and the demeanor of the
 | ||
| participants are in accordance with State law and University
 | ||
| policies; (iv) the anticipated attendees at the
event and the  | ||
| relative proportion of individuals under the age of
21 to  | ||
| individuals age 21 or older; (v) the ability of the venue
 | ||
| operator to prevent the sale or distribution of alcoholic
 | ||
| liquors to individuals under the age of 21; (vi) whether the
 | ||
| event prohibits participants from removing alcoholic beverages
 | ||
| from the venue; and (vii) whether the event prohibits
 | ||
| participants from providing their own alcoholic liquors to the
 | ||
| venue.  | ||
|     Alcoholic liquors may be served or sold in buildings under  | ||
| the control of the Board of Trustees of Chicago State  | ||
| University for events that the Board may determine are public  | ||
| events and not student-related activities. The Board of  | ||
| Trustees shall issue a written policy within 6 months after  | ||
| August 2, 2013 (the effective date of Public Act 98-132)  | ||
| concerning the types of events that would be eligible for an  | ||
| exemption. Thereafter, the Board of Trustees may issue revised,  | ||
| updated, new, or amended policies as it deems necessary and  | ||
| appropriate. In preparing its written policy, the Board of  | ||
| Trustees shall, in addition to other factors it considers  | ||
| relevant and important, give consideration to the following:  | ||
| (i) whether the event is a student activity or student-related  | ||
| activity; (ii) whether the physical setting of the event is  | ||
| conducive to control of liquor sales and distribution; (iii)  | ||
| the ability of the event operator to ensure that the sale or  | ||
| serving of alcoholic liquors and the demeanor of the  | ||
| participants are in accordance with State law and University  | ||
| policies; (iv) the anticipated attendees at the event and the  | ||
| relative proportion of individuals under the age of 21 to  | ||
| individuals age 21 or older; (v) the ability of the venue  | ||
| operator to prevent the sale or distribution of alcoholic  | ||
| liquors to individuals under the age of 21; (vi) whether the  | ||
| event prohibits participants from removing alcoholic beverages  | ||
| from the venue; and (vii) whether the event prohibits  | ||
| participants from providing their own alcoholic liquors to the  | ||
| venue.  | ||
|     Alcoholic liquors may be served or sold in buildings under
 | ||
| the control of the Board of Trustees of Illinois State  | ||
| University
for events that the Board may determine are public
 | ||
| events and not student-related activities. The Board of
 | ||
| Trustees shall issue a written policy within 6 months after  | ||
| March 1, 2013 (the effective date of Public Act 97-1166)  | ||
| concerning the types of events that would be eligible
for an  | ||
| exemption. Thereafter, the Board of Trustees may issue
revised,  | ||
| updated, new, or amended policies as it deems
necessary and  | ||
| appropriate. In preparing its written policy, the
Board of  | ||
| Trustees shall, in addition to other factors it considers
 | ||
| relevant and important, give consideration to the following:
 | ||
| (i) whether the event is a student activity or student-related
 | ||
| activity; (ii) whether the physical setting of the event is
 | ||
| conducive to control of liquor sales and distribution; (iii)
 | ||
| the ability of the event operator to ensure that the sale or
 | ||
| serving of alcoholic liquors and the demeanor of the
 | ||
| participants are in accordance with State law and University
 | ||
| policies; (iv) the anticipated attendees at the
event and the  | ||
| relative proportion of individuals under the age of
21 to  | ||
| individuals age 21 or older; (v) the ability of the venue
 | ||
| operator to prevent the sale or distribution of alcoholic
 | ||
| liquors to individuals under the age of 21; (vi) whether the
 | ||
| event prohibits participants from removing alcoholic beverages
 | ||
| from the venue; and (vii) whether the event prohibits
 | ||
| participants from providing their own alcoholic liquors to the
 | ||
| venue.  | ||
|     Alcoholic liquors may be served or sold in buildings under  | ||
| the control of the Board of Trustees of Southern Illinois  | ||
| University for events that the Board may determine are public  | ||
| events and not student-related activities. The Board of  | ||
| Trustees shall issue a written policy within 6 months after  | ||
| August 12, 2016 (the effective date of Public Act 99-795)  | ||
| concerning the types of events that would be eligible for an  | ||
| exemption. Thereafter, the Board of Trustees may issue revised,  | ||
| updated, new, or amended policies as it deems necessary and  | ||
| appropriate. In preparing its written policy, the Board of  | ||
| Trustees shall, in addition to other factors it considers  | ||
| relevant and important, give consideration to the following:  | ||
| (i) whether the event is a student activity or student-related  | ||
| activity; (ii) whether the physical setting of the event is  | ||
| conducive to control of liquor sales and distribution; (iii)  | ||
| the ability of the event operator to ensure that the sale or  | ||
| serving of alcoholic liquors and the demeanor of the  | ||
| participants are in accordance with State law and University  | ||
| policies; (iv) the anticipated attendees at the event and the  | ||
| relative proportion of individuals under the age of 21 to  | ||
| individuals age 21 or older; (v) the ability of the venue  | ||
| operator to prevent the sale or distribution of alcoholic  | ||
| liquors to individuals under the age of 21; (vi) whether the  | ||
| event prohibits participants from removing alcoholic beverages  | ||
| from the venue; and (vii) whether the event prohibits  | ||
| participants from providing their own alcoholic liquors to the  | ||
| venue. | ||
|     Alcoholic liquors may be served or sold in buildings under  | ||
| the control of the Board of Trustees of a public university for  | ||
| events that the Board of Trustees of that public university may  | ||
| determine are public events and not student-related  | ||
| activities. If the Board of Trustees of a public university has  | ||
| not issued a written policy pursuant to an exemption under this  | ||
| Section on or before July 15, 2016 (the effective date of  | ||
| Public Act 99-550), then that Board of Trustees shall issue a  | ||
| written policy within 6 months after July 15, 2016 (the  | ||
| effective date of Public Act 99-550) concerning the types of  | ||
| events that would be eligible for an exemption. Thereafter, the  | ||
| Board of Trustees may issue revised, updated, new, or amended  | ||
| policies as it deems necessary and appropriate. In preparing  | ||
| its written policy, the Board of Trustees shall, in addition to  | ||
| other factors it considers relevant and important, give  | ||
| consideration to the following: (i) whether the event is a  | ||
| student activity or student-related activity; (ii) whether the  | ||
| physical setting of the event is conducive to control of liquor  | ||
| sales and distribution; (iii) the ability of the event operator  | ||
| to ensure that the sale or serving of alcoholic liquors and the  | ||
| demeanor of the participants are in accordance with State law  | ||
| and University policies; (iv) the anticipated attendees at the  | ||
| event and the relative proportion of individuals under the age  | ||
| of 21 to individuals age 21 or older; (v) the ability of the  | ||
| venue operator to prevent the sale or distribution of alcoholic  | ||
| liquors to individuals under the age of 21; (vi) whether the  | ||
| event prohibits participants from removing alcoholic beverages  | ||
| from the venue; and (vii) whether the event prohibits  | ||
| participants from providing their own alcoholic liquors to the  | ||
| venue. As used in this paragraph, "public university" means the  | ||
| University of Illinois, Illinois State University, Chicago  | ||
| State University, Governors State University, Southern  | ||
| Illinois University, Northern Illinois University, Eastern  | ||
| Illinois University, Western Illinois University, and  | ||
| Northeastern Illinois University. | ||
|     Alcoholic liquors may be served or sold in buildings under  | ||
| the control of the Board of Trustees of a community college  | ||
| district for events that the Board of Trustees of that  | ||
| community college district may determine are public events and  | ||
| not student-related activities. The Board of Trustees shall  | ||
| issue a written policy within 6 months after July 15, 2016 (the  | ||
| effective date of Public Act 99-550) concerning the types of  | ||
| events that would be eligible for an exemption. Thereafter, the  | ||
| Board of Trustees may issue revised, updated, new, or amended  | ||
| policies as it deems necessary and appropriate. In preparing  | ||
| its written policy, the Board of Trustees shall, in addition to  | ||
| other factors it considers relevant and important, give  | ||
| consideration to the following: (i) whether the event is a  | ||
| student activity or student-related activity; (ii) whether the  | ||
| physical setting of the event is conducive to control of liquor  | ||
| sales and distribution; (iii) the ability of the event operator  | ||
| to ensure that the sale or serving of alcoholic liquors and the  | ||
| demeanor of the participants are in accordance with State law  | ||
| and community college district policies; (iv) the anticipated  | ||
| attendees at the event and the relative proportion of  | ||
| individuals under the age of 21 to individuals age 21 or older;  | ||
| (v) the ability of the venue operator to prevent the sale or  | ||
| distribution of alcoholic liquors to individuals under the age  | ||
| of 21; (vi) whether the event prohibits participants from  | ||
| removing alcoholic beverages from the venue; and (vii) whether  | ||
| the event prohibits participants from providing their own  | ||
| alcoholic liquors to the venue. This paragraph does not apply  | ||
| to any community college district authorized to sell or serve  | ||
| alcoholic liquor under any other provision of this Section. | ||
|     Alcoholic liquor may be delivered to and sold at retail in  | ||
| the
Dorchester Senior Business Center owned by the Village of  | ||
| Dolton if the
alcoholic liquor is sold or dispensed only in  | ||
| connection with organized
functions for which the planned  | ||
| attendance is 20 or more persons, and if
the person or facility  | ||
| selling or dispensing the alcoholic liquor has
provided dram  | ||
| shop liability insurance in maximum limits so as to hold
 | ||
| harmless the Village of Dolton and the State from all financial  | ||
| loss,
damage and harm.
 | ||
|     Alcoholic liquors may be delivered to and sold at retail in  | ||
| any
building used as an Illinois State Armory provided:
 | ||
|         (i) the Adjutant General's written consent to the  | ||
| issuance of a
license to sell alcoholic liquor in such  | ||
| building is filed with the
Commission;
 | ||
|         (ii) the alcoholic liquor is sold or dispensed only in  | ||
| connection
with organized functions held on special  | ||
| occasions;
 | ||
|         (iii) the organized function is one for which the  | ||
| planned attendance
is 25 or more persons; and
 | ||
|         (iv) the facility selling or dispensing the alcoholic  | ||
| liquors has
provided dram shop liability insurance in  | ||
| maximum limits so as to save
harmless the facility and the  | ||
| State from all financial loss, damage or harm.
 | ||
|     Alcoholic liquors may be delivered to and sold at retail in  | ||
| the Chicago
Civic Center, provided that:
 | ||
|         (i) the written consent of the Public Building  | ||
| Commission which
administers the Chicago Civic Center is  | ||
| filed with the Commission;
 | ||
|         (ii) the alcoholic liquor is sold or dispensed only in  | ||
| connection with
organized functions held on special  | ||
| occasions;
 | ||
|         (iii) the organized function is one for which the  | ||
| planned attendance is
25 or more persons;
 | ||
|         (iv) the facility selling or dispensing the alcoholic  | ||
| liquors has
provided dram shop liability insurance in  | ||
| maximum limits so as to hold
harmless the Civic Center, the  | ||
| City of Chicago and the State from all
financial loss,  | ||
| damage or harm; and
 | ||
|         (v) all applicable local ordinances are complied with.
 | ||
|     Alcoholic liquors may be delivered or sold in any building  | ||
| belonging to
or under the control of any city, village or  | ||
| incorporated town where more
than 75% of the physical  | ||
| properties of the building is used for commercial
or  | ||
| recreational purposes, and the building is located upon a pier  | ||
| extending
into or over the waters of a navigable lake or stream  | ||
| or on the shore of a
navigable lake or stream.
In accordance  | ||
| with a license issued under this Act, alcoholic liquor may be  | ||
| sold, served, or delivered in buildings and facilities under
 | ||
| the control
of the Department of Natural Resources during  | ||
| events or activities lasting no more than 7 continuous days  | ||
| upon the written approval of the
Director of
Natural Resources  | ||
| acting as the controlling government authority.  The Director
of
 | ||
| Natural Resources may specify conditions on that approval,  | ||
| including but not
limited to
requirements for insurance and  | ||
| hours of operation.
Notwithstanding any other provision of this  | ||
| Act, alcoholic liquor sold by a
United States Army Corps of  | ||
| Engineers or Department of Natural
Resources
concessionaire  | ||
| who was operating on June 1, 1991 for on-premises consumption
 | ||
| only is not subject to the provisions of Articles IV and IX.  | ||
| Beer and wine
may be sold on the premises of the Joliet Park  | ||
| District Stadium owned by
the Joliet Park District when written  | ||
| consent to the issuance of a license
to sell beer and wine in  | ||
| such premises is filed with the local liquor
commissioner by  | ||
| the Joliet Park District. Beer and wine may be sold in
 | ||
| buildings on the grounds of State veterans' homes when written  | ||
| consent to
the issuance of a license to sell beer and wine in  | ||
| such buildings is filed
with the Commission by the Department  | ||
| of Veterans' Affairs, and the
facility shall provide dram shop  | ||
| liability in maximum insurance coverage
limits so as to save  | ||
| the facility harmless from all financial loss, damage
or harm.  | ||
| Such liquors may be delivered to and sold at any property owned  | ||
| or
held under lease by a Metropolitan Pier and Exposition  | ||
| Authority or
Metropolitan Exposition and Auditorium Authority.
 | ||
|     Beer and wine may be sold and dispensed at professional  | ||
| sporting events
and at professional concerts and other  | ||
| entertainment events conducted on
premises owned by the Forest  | ||
| Preserve District of Kane County, subject to
the control of the  | ||
| District Commissioners and applicable local law,
provided that  | ||
| dram shop liability insurance is provided at maximum coverage
 | ||
| limits so as to hold the District harmless from all financial  | ||
| loss, damage
and harm.
 | ||
|     Nothing in this Section shall preclude the sale or delivery  | ||
| of beer and
wine at a State or county fair or the sale or  | ||
| delivery of beer or wine at a
city fair in any otherwise lawful  | ||
| manner.
 | ||
|     Alcoholic liquors may be sold at retail in buildings in  | ||
| State parks
under the control of the Department of Natural  | ||
| Resources,
provided:
 | ||
|         a. the State park has overnight lodging facilities with  | ||
| some
restaurant facilities or, not having overnight  | ||
| lodging facilities, has
restaurant facilities which serve  | ||
| complete luncheon and dinner or
supper meals,
 | ||
|         b. (blank), and
 | ||
|         c. the alcoholic liquors are sold by the State park  | ||
| lodge or
restaurant concessionaire only during the hours  | ||
| from 11 o'clock a.m. until
12 o'clock midnight.  | ||
| Notwithstanding any other provision of this Act,
alcoholic  | ||
| liquor sold by the State park or restaurant concessionaire  | ||
| is not
subject to the provisions of Articles IV and IX.
 | ||
|     Alcoholic liquors may be sold at retail in buildings on  | ||
| properties
under the control of the Division of Historic Sites  | ||
| and Preservation Division of the Department of Natural  | ||
| Resources
Historic Preservation
Agency or the Abraham Lincoln  | ||
| Presidential Library and Museum provided:
 | ||
|         a. the property has overnight lodging facilities with  | ||
| some restaurant
facilities or, not having overnight  | ||
| lodging facilities, has restaurant
facilities which serve  | ||
| complete luncheon and dinner or supper meals,
 | ||
|         b. consent to the issuance of a license to sell  | ||
| alcoholic liquors in
the buildings has been filed with the  | ||
| commission by the Division of Historic Sites and
 | ||
| Preservation Division
of the Department of Natural  | ||
| Resources Historic
Preservation Agency or the Abraham  | ||
| Lincoln Presidential Library and Museum,
and
 | ||
|         c. the alcoholic liquors are sold by the lodge or  | ||
| restaurant
concessionaire only during the hours from 11  | ||
| o'clock a.m. until 12 o'clock
midnight.
 | ||
|     The sale of alcoholic liquors pursuant to this Section does  | ||
| not
authorize the establishment and operation of facilities  | ||
| commonly called
taverns, saloons, bars, cocktail lounges, and  | ||
| the like except as a part
of lodge and restaurant facilities in  | ||
| State parks or golf courses owned
by Forest Preserve Districts  | ||
| with a population of less than 3,000,000 or
municipalities or  | ||
| park districts.
 | ||
|     Alcoholic liquors may be sold at retail in the Springfield
 | ||
| Administration Building of the Department of Transportation  | ||
| and the
Illinois State Armory in Springfield; provided, that  | ||
| the controlling
government authority may consent to such sales  | ||
| only if
 | ||
|         a. the request is from a not-for-profit organization;
 | ||
|         b. such sales would not impede normal operations of the  | ||
| departments
involved;
 | ||
|         c. the not-for-profit organization provides dram shop  | ||
| liability in
maximum insurance coverage limits and agrees  | ||
| to defend, save harmless
and indemnify the State of  | ||
| Illinois from all financial loss, damage or harm;
 | ||
|         d. no such sale shall be made during normal working  | ||
| hours of the
State of Illinois; and
 | ||
|         e. the consent is in writing.
 | ||
|     Alcoholic liquors may be sold at retail in buildings in  | ||
| recreational
areas of river conservancy districts under the  | ||
| control of, or leased
from, the river conservancy districts.   | ||
| Such sales are subject to
reasonable local regulations as  | ||
| provided in Article IV; however, no such
regulations may  | ||
| prohibit or substantially impair the sale of alcoholic
liquors  | ||
| on Sundays or Holidays.
 | ||
|     Alcoholic liquors may be provided in long term care  | ||
| facilities owned or
operated by a county under Division 5-21 or  | ||
| 5-22 of the Counties Code,
when approved by the facility  | ||
| operator and not in conflict
with the regulations of the  | ||
| Illinois Department of Public Health, to
residents of the  | ||
| facility who have had their consumption of the alcoholic
 | ||
| liquors provided approved in writing by a physician licensed to  | ||
| practice
medicine in all its branches.
 | ||
|     Alcoholic liquors may be delivered to and dispensed in  | ||
| State housing
assigned to employees of the Department of  | ||
| Corrections.
No person shall furnish or allow to be furnished  | ||
| any alcoholic
liquors to any prisoner confined in any jail,  | ||
| reformatory, prison or house
of correction except upon a  | ||
| physician's prescription for medicinal purposes.
 | ||
|     Alcoholic liquors may be sold at retail or dispensed at the  | ||
| Willard Ice
Building in Springfield, at the State Library in  | ||
| Springfield, and at
Illinois State Museum facilities by (1) an
 | ||
| agency of the State, whether legislative, judicial or  | ||
| executive, provided
that such agency first obtains written  | ||
| permission to sell or dispense
alcoholic liquors from the  | ||
| controlling government authority, or by (2) a
not-for-profit  | ||
| organization, provided that such organization:
 | ||
|         a. Obtains written consent from the controlling  | ||
| government authority;
 | ||
|         b. Sells or dispenses the alcoholic liquors in a manner  | ||
| that does not
impair normal operations of State offices  | ||
| located in the building;
 | ||
|         c. Sells or dispenses alcoholic liquors only in  | ||
| connection with an
official activity in the building;
 | ||
|         d. Provides, or its catering service provides, dram  | ||
| shop liability
insurance in maximum coverage limits and in  | ||
| which the carrier agrees to
defend, save harmless and  | ||
| indemnify the State of Illinois from all
financial loss,  | ||
| damage or harm arising out of the selling or dispensing of
 | ||
| alcoholic liquors.
 | ||
|     Nothing in this Act shall prevent a not-for-profit  | ||
| organization or agency
of the State from employing the services  | ||
| of a catering establishment for
the selling or dispensing of  | ||
| alcoholic liquors at authorized functions.
 | ||
|     The controlling government authority for the Willard Ice  | ||
| Building in
Springfield shall be the Director of the Department  | ||
| of Revenue.  The
controlling government authority for Illinois  | ||
| State Museum facilities shall
be the Director of the Illinois  | ||
| State Museum.  The controlling government
authority for the  | ||
| State Library in Springfield shall be the Secretary of State.
 | ||
|     Alcoholic liquors may be delivered to and sold at retail or  | ||
| dispensed
at any facility, property or building under the  | ||
| jurisdiction of the Division of
Historic Sites and Preservation  | ||
| Division of the Department of Natural Resources
Historic  | ||
| Preservation Agency
or the Abraham
Lincoln Presidential  | ||
| Library and Museum
where the delivery, sale or
dispensing is by  | ||
| (1)
an agency of the State, whether legislative, judicial or  | ||
| executive,
provided that such agency first obtains written  | ||
| permission to sell or
dispense alcoholic liquors from a  | ||
| controlling government authority, or by (2) an individual or  | ||
| organization provided that such individual or organization:
 | ||
|         a. Obtains written consent from the controlling  | ||
| government authority;
 | ||
|         b. Sells or dispenses the alcoholic liquors in a manner  | ||
| that does not
impair normal workings of State offices or  | ||
| operations located at the
facility, property or building;
 | ||
|         c. Sells or dispenses alcoholic liquors only in  | ||
| connection with an
official activity of the individual or  | ||
| organization in the facility,
property or building;
 | ||
|         d. Provides, or its catering service provides, dram  | ||
| shop liability
insurance in maximum coverage limits and in  | ||
| which the carrier agrees to
defend, save harmless and  | ||
| indemnify the State of Illinois from all
financial loss,  | ||
| damage or harm arising out of the selling or dispensing of
 | ||
| alcoholic liquors.
 | ||
|     The controlling government authority for the Division of
 | ||
| Historic Sites and Preservation Division of the Department of  | ||
| Natural Resources
Historic Preservation Agency
shall be the  | ||
| Director of Natural Resourc | ||
| es the Historic Sites and  | ||
| Preservation, and the
controlling
government authority for the  | ||
| Abraham Lincoln Presidential Library and Museum
shall be the  | ||
| Executive Director of the Abraham Lincoln Presidential Library  | ||
| and Museum.
 | ||
|     Alcoholic liquors may be delivered to and sold at retail or  | ||
| dispensed for
consumption at the Michael Bilandic Building at  | ||
| 160 North LaSalle Street,
Chicago IL 60601, after the normal  | ||
| business hours of any day care or child care
facility located  | ||
| in the building, by (1) a commercial tenant or subtenant
 | ||
| conducting business on the premises under a lease made pursuant  | ||
| to Section
405-315 of the Department of Central Management  | ||
| Services Law (20 ILCS
405/405-315), provided that such tenant  | ||
| or subtenant who accepts delivery of,
sells, or dispenses  | ||
| alcoholic liquors shall procure and maintain dram shop
 | ||
| liability insurance in maximum coverage limits and in which the  | ||
| carrier
agrees to defend, indemnify, and save harmless the  | ||
| State of Illinois from
all financial loss, damage, or harm  | ||
| arising out of the delivery, sale, or
dispensing of alcoholic  | ||
| liquors, or by (2) an agency of the State, whether
legislative,  | ||
| judicial, or executive, provided that such agency first obtains
 | ||
| written permission to accept delivery of and sell or dispense  | ||
| alcoholic liquors
from the Director of Central Management  | ||
| Services, or by (3) a not-for-profit
organization, provided  | ||
| that such organization:
 | ||
|         a. obtains written consent from the Department of  | ||
| Central Management
Services;
 | ||
|         b. accepts delivery of and sells or dispenses the  | ||
| alcoholic liquors in a
manner that does not impair normal  | ||
| operations of State offices located in the
building;
 | ||
|         c. accepts delivery of and sells or dispenses alcoholic  | ||
| liquors only in
connection with an official activity in the  | ||
| building; and
 | ||
|         d. provides, or its catering service provides, dram  | ||
| shop liability
insurance in maximum coverage limits and in  | ||
| which the carrier agrees to
defend, save harmless, and  | ||
| indemnify the State of Illinois from all
financial loss,  | ||
| damage, or harm arising out of the selling or dispensing of
 | ||
| alcoholic liquors.
 | ||
|     Nothing in this Act shall prevent a not-for-profit  | ||
| organization or agency
of the State from employing the services  | ||
| of a catering establishment for
the selling or dispensing of  | ||
| alcoholic liquors at functions authorized by
the Director of  | ||
| Central Management Services.
 | ||
|     Alcoholic liquors may be sold at retail or dispensed at the  | ||
| James R.
Thompson Center in Chicago, subject to the provisions  | ||
| of Section 7.4 of the
State Property Control Act, and 222 South  | ||
| College Street in Springfield,
Illinois by (1) a commercial  | ||
| tenant or subtenant conducting business on the
premises under a  | ||
| lease or sublease made pursuant to Section 405-315 of the
 | ||
| Department of Central Management Services Law (20 ILCS  | ||
| 405/405-315), provided
that such tenant or subtenant who
sells  | ||
| or dispenses alcoholic liquors shall procure and maintain dram  | ||
| shop
liability insurance in maximum coverage limits and in  | ||
| which the carrier
agrees to defend, indemnify and save harmless  | ||
| the State of Illinois from
all financial loss, damage or harm  | ||
| arising out of the sale or dispensing of
alcoholic liquors, or  | ||
| by (2) an agency of the State, whether legislative,
judicial or  | ||
| executive, provided that such agency first obtains written
 | ||
| permission to sell or dispense alcoholic liquors from the  | ||
| Director of
Central Management Services, or by (3) a  | ||
| not-for-profit organization,
provided that such organization:
 | ||
|         a. Obtains written consent from the Department of  | ||
| Central Management
Services;
 | ||
|         b. Sells or dispenses the alcoholic liquors in a manner  | ||
| that does not
impair normal operations of State offices  | ||
| located in the building;
 | ||
|         c. Sells or dispenses alcoholic liquors only in  | ||
| connection with an
official activity in the building;
 | ||
|         d. Provides, or its catering service provides, dram  | ||
| shop liability
insurance in maximum coverage limits and in  | ||
| which the carrier agrees to
defend, save harmless and  | ||
| indemnify the State of Illinois from all
financial loss,  | ||
| damage or harm arising out of the selling or dispensing of
 | ||
| alcoholic liquors.
 | ||
|     Nothing in this Act shall prevent a not-for-profit  | ||
| organization or agency
of the State from employing the services  | ||
| of a catering establishment for
the selling or dispensing of  | ||
| alcoholic liquors at functions authorized by
the Director of  | ||
| Central Management Services.
 | ||
|     Alcoholic liquors may be sold or delivered at any facility  | ||
| owned by the
Illinois Sports Facilities Authority provided that  | ||
| dram shop liability
insurance has been made available in a  | ||
| form, with such coverage and in such
amounts as the Authority  | ||
| reasonably determines is necessary.
 | ||
|     Alcoholic liquors may be sold at retail or dispensed at the  | ||
| Rockford
State Office Building by (1) an agency of the State,  | ||
| whether legislative,
judicial or executive, provided that such  | ||
| agency first obtains written
permission to sell or dispense  | ||
| alcoholic liquors from the Department of
Central Management  | ||
| Services, or by (2) a not-for-profit organization,
provided  | ||
| that such organization:
 | ||
|         a. Obtains written consent from the Department of  | ||
| Central Management
Services;
 | ||
|         b. Sells or dispenses the alcoholic liquors in a manner  | ||
| that does not
impair normal operations of State offices  | ||
| located in the building;
 | ||
|         c. Sells or dispenses alcoholic liquors only in  | ||
| connection with an
official activity in the building;
 | ||
|         d. Provides, or its catering service provides, dram  | ||
| shop liability
insurance in maximum coverage limits and in  | ||
| which the carrier agrees to defend,
save harmless and  | ||
| indemnify the State of Illinois from all financial loss,
 | ||
| damage or harm arising out of the selling or dispensing of  | ||
| alcoholic liquors.
 | ||
|     Nothing in this Act shall prevent a not-for-profit  | ||
| organization or agency
of the State from employing the services  | ||
| of a catering establishment for
the selling or dispensing of  | ||
| alcoholic liquors at functions authorized by
the Department of  | ||
| Central Management Services.
 | ||
|     Alcoholic liquors may be sold or delivered in a building  | ||
| that is owned
by McLean County, situated on land owned by the  | ||
| county in the City of
Bloomington, and used by the McLean  | ||
| County Historical Society if the sale
or delivery is approved  | ||
| by an ordinance adopted by the county board, and
the  | ||
| municipality in which the building is located may not prohibit  | ||
| that
sale or delivery, notwithstanding any other provision of  | ||
| this Section.  The
regulation of the sale and delivery of  | ||
| alcoholic liquor in a building that
is owned by McLean County,  | ||
| situated on land owned by the county, and used
by the McLean  | ||
| County Historical Society as provided in this paragraph is an
 | ||
| exclusive power and function of the State and is a denial and  | ||
| limitation
under Article VII, Section 6, subsection (h) of the  | ||
| Illinois Constitution
of the power of a home rule municipality  | ||
| to regulate that sale and delivery.
 | ||
|     Alcoholic liquors may be sold or delivered in any building  | ||
| situated on
land held in trust for any school district  | ||
| organized under Article 34 of
the School Code, if the building  | ||
| is not used for school purposes and if the
sale or delivery is  | ||
| approved by the board of education.
 | ||
|     Alcoholic liquors may be delivered to and sold at retail in  | ||
| any building owned by a public library district, provided that  | ||
| the delivery and sale is approved by the board of trustees of  | ||
| that public library district and is limited to library  | ||
| fundraising events or programs of a cultural or educational  | ||
| nature. Before the board of trustees of a public library  | ||
| district may approve the delivery and sale of alcoholic  | ||
| liquors, the board of trustees of the public library district  | ||
| must have a written policy that has been approved by the board  | ||
| of trustees of the public library district governing when and  | ||
| under what circumstances alcoholic liquors may be delivered to  | ||
| and sold at retail on property owned by that public library  | ||
| district. The written policy must (i) provide that no alcoholic  | ||
| liquor may be sold, distributed, or consumed in any area of the  | ||
| library accessible to the general public during the event or  | ||
| program, (ii) prohibit the removal of alcoholic liquor from the  | ||
| venue during the event, and (iii) require that steps be taken  | ||
| to prevent the sale or distribution of alcoholic liquor to  | ||
| persons under the age of 21. Any public library district that  | ||
| has alcoholic liquor delivered to or sold at retail on property  | ||
| owned by the public library district shall provide dram shop  | ||
| liability insurance in maximum insurance coverage limits so as  | ||
| to save harmless the public library districts from all  | ||
| financial loss, damage, or harm. | ||
|     Alcoholic liquors may be sold or delivered in buildings  | ||
| owned
by the Community Building Complex Committee of Boone  | ||
| County,
Illinois if the person or facility selling or  | ||
| dispensing the
alcoholic liquor has provided dram shop  | ||
| liability insurance with coverage and
in amounts that the  | ||
| Committee reasonably determines are necessary.
 | ||
|     Alcoholic liquors may be sold or delivered in the building  | ||
| located at
1200 Centerville Avenue in Belleville, Illinois and  | ||
| occupied by either the
Belleville Area Special Education  | ||
| District or the Belleville Area Special
Services
Cooperative. | ||
|     Alcoholic liquors may be delivered to and sold at the Louis  | ||
| Joliet
Renaissance Center, City Center Campus, located at 214  | ||
| N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts  | ||
| Department facilities, Main Campus, located at
1215 Houbolt  | ||
| Road, Joliet, owned by or under the control of Joliet Junior
 | ||
| College,
Illinois Community College District No. 525.
 | ||
|     Alcoholic liquors may be delivered to and sold at Triton  | ||
| College, Illinois Community College District No. 504.  | ||
|     Alcoholic liquors may be delivered to and sold at the  | ||
| College of DuPage, Illinois Community College District No. 502.  | ||
|     Alcoholic liquors may be delivered to and sold on any  | ||
| property owned, operated, or controlled by Lewis and Clark  | ||
| Community College, Illinois Community College District No.  | ||
| 536. | ||
|     Alcoholic liquors may be delivered to and sold at  the  | ||
| building located at 446 East Hickory Avenue in Apple River,  | ||
| Illinois, owned by the Apple River Fire Protection District,  | ||
| and occupied by the Apple River Community Association if the  | ||
| alcoholic liquor is sold or dispensed only in connection with  | ||
| organized functions approved by the Apple River Community  | ||
| Association for which the planned attendance is 20 or more  | ||
| persons and if the person or facility selling or dispensing the  | ||
| alcoholic liquor has provided dram shop liability insurance in  | ||
| maximum limits so as to hold harmless the Apple River Fire  | ||
| Protection District, the Village of Apple River, and the Apple  | ||
| River Community Association from all financial loss, damage,  | ||
| and harm.  | ||
|     Alcoholic liquors may be delivered to and sold at the Sikia  | ||
| Restaurant, Kennedy King College Campus, located at 740 West  | ||
| 63rd Street, Chicago, and at the Food Services in the Great  | ||
| Hall/Washburne Culinary Institute Department facility, Kennedy  | ||
| King College Campus, located at 740 West 63rd Street, Chicago,  | ||
| owned by or under the control of City Colleges of Chicago,  | ||
| Illinois Community College District No. 508.
 | ||
| (Source: P.A. 99-78, eff. 7-20-15; 99-484, eff. 10-30-15;  | ||
| 99-550, eff. 7-15-16; 99-559, eff. 7-15-16; 99-795, eff.  | ||
| 8-12-16; 100-120, eff. 8-18-17; 100-201, eff. 8-18-17.) | ||
|     Section 120. The Illinois Highway Code is amended  by  | ||
| changing Section 4-201.5 as follows:
 | ||
|     (605 ILCS 5/4-201.5)  (from Ch. 121, par. 4-201.5)
 | ||
|     Sec. 4-201.5. 
To lay out, construct and maintain, as a part  | ||
| of the
State highway system, highways and entrances which will  | ||
| connect any
State highway, now existing or hereafter  | ||
| constructed, with any State
park, State forest, State wildlife  | ||
| or fish refuge, the grounds of any State
institution or any  | ||
| recreational, scenic or historic place owned or
operated by the  | ||
| State; any national cemetery; and to any tax supported
airport  | ||
| constructed in part by State and federal funds; and, with the
 | ||
| consent of the Department of Natural Resources, to
construct,  | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| maintain and
repair that part of any road or bridge, not  | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| otherwise under the
jurisdiction of the Department, which lies  | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| within any State park, State
conservation area, State forest,  | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| State wildlife and fish refuge, or any
other recreational  | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| scenic area owned and operated by the
Department of Natural  | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Resources.
With the consent of the Department of Natural  | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Resources Historic Preservation Agency, to construct,
maintain  | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| and repair that part of any road or bridge, not otherwise under
 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| the jurisdiction of the Department, which lies within any State  | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Historic
Site owned and operated by the Department of Natural  | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Resources Historic Preservation Agency.
 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| (Source: P.A. 89-445, eff. 2-7-96.)
  | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|     Section 999. Effective date. This Act takes effect upon  | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| becoming law. 
  
 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 
 
 
 
 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||