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| Public Act 103-0768
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| SB2976 Enrolled | LRB103 38289 JAG 68424 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Historic Preservation Act is amended by |
changing Sections 2, 4.5, 6, 8, 16, and 35 and by adding |
Sections 4.7 and 21 as follows:
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(20 ILCS 3405/2) (from Ch. 127, par. 2702) |
Sec. 2. For the purposes of this Act: |
(a) (Blank); |
(b) "Board" means the State Historic Preservation Board |
(Blank); |
(b-5) "Department" means the Department of Natural |
Resources. |
(c) "Director" means the Director of Natural Resources; |
(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; and . |
(h) "State Historic Site" means a property that has been |
deemed by the Board and the Department to have a State, |
national, or international level of historic significance. |
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(Source: P.A. 100-120, eff. 8-18-17; 100-695, eff. 8-3-18.)
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(20 ILCS 3405/4.5) |
Sec. 4.5. Division of Historic Preservation. On and after |
August 3, 2018 (the effective date of Public Act 100-695), the |
Division of Historic Preservation of the Department of Natural |
Resources Office of Land Management shall be created. 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, subject to the Personnel Code and any other |
applicable Department policies. |
(Source: P.A. 101-81, eff. 7-12-19; 102-1005, eff. 5-27-22.)
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(20 ILCS 3405/4.7 new) |
Sec. 4.7. State Historic Preservation Board. |
(a) The State Historic Preservation Board is hereby |
created within the Department. |
(b) The Board shall consist of 9 voting members appointed |
by the Governor and the Director of the Department, or the |
Director's designee, who shall serve as an ex-officio |
nonvoting member of the Board. Of the members appointed by the |
Governor: |
(1) 2 members shall have a relevant background in |
public history or a background in teaching or researching |
either the history of Illinois or the history of |
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historically marginalized communities; |
(2) one member shall have experience in library |
studies or archival work in Illinois; |
(3) 3 members shall be representatives of a |
community-based organization working on historic |
preservation in Illinois; |
(4) one member shall have experience with the federal |
Americans with Disabilities Act of 1990; |
(5) one member shall have experience working on |
federal historic designations; and |
(6) one member shall be a museum professional. |
The chairperson of the Board shall be named by the |
Governor from among the voting members of the Board. Each |
member of the Board shall serve a 3-year term and until a |
successor is appointed by the Governor. The Governor may |
remove a Board member for incompetence, dereliction of duty, |
or malfeasance. Of those members appointed by the Governor, at |
least 5 of the members shall represent historically excluded |
and marginalized people. The Governor's Office, with the |
assistance of the Department, shall be responsible for |
ensuring that 5 of the appointed members of the Board consist |
of people who represent historically excluded and marginalized |
people. Knowledge in the following areas shall be prioritized |
in making appointments to the Board: the culture, traditions, |
and history of American Indians and Native Americans, Black |
Americans, Latinos, Latinas, and Hispanic Americans, Asian |
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Americans and Pacific Islanders, the LGBTQIA+ community, |
immigrants and refugees, people with disabilities, and |
veterans' organizations; women's history; the history of |
Illinois' agriculture, architecture, armed forces, arts, |
civics, cultural geography, ecology, education, faith-based |
communities, folklore, government, industry, labor, law, |
medicine, and transportation; anthropology; archaeology; |
cultural exhibits and museums; heritage tourism; historic |
preservation; and social justice. |
(c) Board meetings shall be called at regular intervals |
set by the Board, on the request of the Department, or upon |
written notice signed by at least 5 members of the Board, but |
in no event less than once quarterly. |
(d) A majority of the members of the Board constitutes a |
quorum for the transaction of business at a meeting of the |
Board. If a quorum is met, a majority of the members present |
and serving is required for official action of the Board. |
(e) All business that the Board is authorized to perform |
shall be conducted at a public meeting of the Board, held in |
compliance with the Open Meetings Act. |
(f) Public records of the Board are subject to disclosure |
under the Freedom of Information Act. |
(g) The members of the Board shall serve without |
compensation but shall be entitled to reimbursement for all |
necessary expenses incurred in the performance of their |
official duties as members of the Board from funds |
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appropriated for that purpose. Reimbursement for travel, |
meals, and lodging shall be in accordance with the rules of the |
Governor's Travel Control Board. |
(h) The Board has the following powers and duties: |
(1) The Board shall adopt rules in accordance with the |
Illinois Administrative Procedure Act, for the |
administration and execution of the powers granted under |
this Act. All rules that are authorized to be adopted |
under this Act shall be adopted after consultation with |
and written approval by the Department. |
(2) The Board shall list, delist, create specific list |
designations, create designation definitions, create |
property assessment criteria, or change the listing |
designation of State Historic Sites. Such actions shall be |
undertaken by administrative rule. The listing, delisting, |
creation of specific list designations or designation |
definitions, or change of listing designation by the Board |
shall only be done with the written approval of the |
Director of Natural Resources. When listing, delisting, or |
making a change of listing designation, the Board shall |
consider, but is not limited to, the following: |
(A) the budgetary impact on the full historic |
sites portfolio when taking such action; |
(B) if the action includes the stories of |
historically excluded and marginalized people; |
(C) the geographic balance of the portfolio; |
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(D) disability access; |
(E) opportunities to coordinate with federal |
historic designations or federal funding |
opportunities; and |
(F) any other criteria that have been set out in |
administrative rule. |
(3) The Board shall advise the Department on methods |
of assistance, protection, conservation, and management of |
State Historic Sites, which are all subject to Department |
approval and available appropriations to implement those |
recommendations. |
(i) The Department shall provide administrative support to |
the Board.
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(20 ILCS 3405/6) (from Ch. 127, par. 2706) |
Sec. 6. Jurisdiction. The Department shall have |
jurisdiction over the following described areas which are |
hereby designated by administrative rule as State Historic |
Sites, State Memorials, and Miscellaneous Properties. Those |
These sites have been deemed by the Board and the Department to |
have a continuing State, national, or international level of |
historic historical significance and the stewardship and |
caretaking responsibilities to protect and promote are hereby |
bestowed upon the Department. The Board is authorized to |
modify, remove, or add to the list of State Historic Sites that |
are listed in administrative rule in compliance with this Act. |
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The following sites shall comprise the initial list of State |
Historic Sites that the Board shall initially list in |
administrative rule, but shall be subject to modification, |
removal, or additions by the Board and the Department pursuant |
to this Act:
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State Historic Sites |
Albany Mounds State Historic Site, Whiteside County; |
Apple River Fort State Historic Site, Jo Daviess County; |
Bishop Hill State Historic Site, Henry County; |
Black Hawk State Historic Site, Rock Island County; |
Bryant Cottage State Historic Site, Piatt 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); |
Crenshaw House State Historic Site, Gallatin County; |
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; |
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Hotel Florence, Cook County; |
Jarrot Mansion State Historic Site, St. Clair County; |
Jubilee College State Historic Site, Peoria County; |
Kincaid Mounds State Historic Site, Massac and Pope |
Counties; |
Lewis and Clark State Historic Site, Madison 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; |
Martin Boismenue House State Historic Site, St. Clair |
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; |
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Vandalia State House State Historic Site, Fayette County; |
and |
Washburne House State Historic Site, Jo Daviess County.
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State Memorials |
Buel House, Pope County; |
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; |
Lincoln Monument State Memorial, Lee County; |
Lincoln Trail State Memorial, Lawrence County; |
Lovejoy State Memorial, Madison County; |
Norwegian Settlers State Memorial, LaSalle County; |
Wild Bill Hickok State Memorial, LaSalle County; and |
World War II Veterans Memorial, Sangamon County.
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Miscellaneous Properties |
Emerald Mound, St. Clair County; |
Halfway Tavern, Marion County; and |
Hofmann Tower, Cook County. |
(Source: P.A. 102-246, eff. 1-1-22; 102-1005, eff. 5-27-22.)
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(20 ILCS 3405/8) |
Sec. 8. Business plans. The Department shall create an |
individual business plan for each historic site related to |
Abraham Lincoln that is listed in the relevant administrative |
rule 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 may seek assistance from |
the Department of Commerce and Economic Opportunity when |
creating the business plans. The Department shall complete the |
business plans no later than January 1, 2008. |
(Source: P.A. 100-695, eff. 8-3-18.)
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(20 ILCS 3405/16) (from Ch. 127, par. 2716) |
Sec. 16. The Department shall have the following |
additional powers: |
(a) To hire agents and employees necessary to carry |
out the duties and purposes of this Act. |
(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 to enter into contracts, |
acquire and dispose of real and personal property, and |
enter into leases of real and personal property. The |
Department has the power to acquire, for purposes |
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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. |
(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 Department 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. |
(f) To authorize the officers, employees, and agents |
of the Department, for the purposes of investigation and |
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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 Department 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 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 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 Act for a |
period not to exceed 40 years. All leases, for whatever |
period, shall be made subject to the written approval of |
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the Governor. All concession leases extending for a period |
in excess of 10 years, will contain provisions for the |
Department to participate, on a percentage basis, in the |
revenues generated by any concession operation. |
The Department is authorized to allow for provisions |
for a reserve account and a leasehold account within |
Department 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 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 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 may allow a reduction of up to |
50% of the monthly rent due for the purpose of enabling the |
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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 Department, |
when the products cannot be used by the Department. |
(l) To enforce the laws of the State and the rules and |
regulations of the Department in or on any lands owned, |
leased, or managed by the Department. |
(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 Department is authorized to negotiate with |
the organizations and agencies for a portion of the monies |
received from sales to be returned to the Department'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 and |
shall be subject to regular audits. The balance in a local |
bank or savings and loan association account shall be |
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forwarded to the Department 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 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. |
(q) With appropriate cultural organizations, to |
further and advance the goals of the Department. |
(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 |
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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 Department 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 |
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 |
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visitors, and any other information the Department 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 |
Department shall charge rates similar to those charged by |
the Department 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. In undertaking these activities, the |
Department 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 shall have the authority to sell |
advertising in its publications and printed materials. All |
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income from marketing activities shall be deposited into |
the Illinois Historic Sites Fund. |
(v) To review and approve in writing rules adopted by |
the Board. |
(Source: P.A. 102-1005, eff. 5-27-22.)
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(20 ILCS 3405/21 new) |
Sec. 21. Annual report. Beginning in 2025, the Department |
shall submit an annual report, on or before June 30, to the |
General Assembly containing a full list of the State Historic |
Sites and the sites designations, as recommended by the Board |
and approved by the Department.
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(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 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. 100-695, eff. 8-3-18.)
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Section 10. The Illinois Historic Sites Advisory Council |
Act is amended by changing Sections 1, 2, and 3 as follows:
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(20 ILCS 3410/1) (from Ch. 127, par. 133d1) |
Sec. 1. This Act shall be known as the Illinois National |
Register Historic Sites Advisory Council Act. |
(Source: P.A. 101-81, eff. 7-12-19.)
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(20 ILCS 3410/2) (from Ch. 127, par. 133d2) |
Sec. 2. As used in this Act: |
(a) "Council" means the Illinois National Register |
Historic Sites Advisory Council. |
(b) (Blank). |
(c) (Blank). |
(c-5) "Department" means the Department of Natural |
Resources. |
(d) "Director" means the Director of Natural Resources, or |
his or her designee. |
(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 |
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Illinois National Register 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. 100-695, eff. 8-3-18.)
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(20 ILCS 3410/3) (from Ch. 127, par. 133d3) |
Sec. 3. There is recognized and established hereunder the |
Illinois National Register Historic Sites Advisory Council, |
previously established pursuant to federal Federal |
regulations, hereafter called the Council. Starting on January |
1, 2025 the The Council shall consist of 9 15 members. Of |
these, there shall be at least 2 3 historians, at least 2 3 |
architectural historians, or architects with a preservation |
background, and at least 2 3 archeologists. The remaining 3 6 |
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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 voting members of the Council shall be |
appointed by the Director. The Director may remove a member of |
the Council for incompetence, dereliction of duty, or |
malfeasance. |
The Council Chairperson shall be appointed by the Director |
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. Council members shall serve until a |
replacement is named by the Director. |
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. |
A majority of the members of the Council constitutes a |
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quorum for the transaction of business at a meeting of the |
Council. If a quorum is met, a majority of the members present |
and serving is required for official action of the Council. |
All business that the Council is authorized to perform |
shall be conducted at a public meeting of the Council, held in |
compliance with the Open Meetings Act. |
Records of the Council are subject to the Freedom of |
Information Act. |
(Source: P.A. 100-120, eff. 8-18-17; 100-695, eff. 8-3-18.)
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(20 ILCS 3415/Act rep.) |
Section 15. The Historical Sites Listing Act is repealed.
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