Bill Amendment: IL HB0574 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: STATE GOVERNMENT-TECH
Status: 2015-06-23 - Referred to Assignments [HB0574 Detail]
Download: Illinois-2015-HB0574-House_Amendment_001.html
Bill Title: STATE GOVERNMENT-TECH
Status: 2015-06-23 - Referred to Assignments [HB0574 Detail]
Download: Illinois-2015-HB0574-House_Amendment_001.html
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| 1 | AMENDMENT TO HOUSE BILL 574
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| 2 | AMENDMENT NO. ______. Amend House Bill 574 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Article I. | ||||||
| 5 | Section 1-1. Short title. This Article may be cited as the | ||||||
| 6 | Illinois Business and Economic Development Partnership Act.
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| 7 | Section 1-5. Findings. The General Assembly finds that | ||||||
| 8 | targeted efforts to promote and foster business growth, job | ||||||
| 9 | creation, and tourism are necessary for economic growth in | ||||||
| 10 | Illinois to provide more prosperity and opportunities for | ||||||
| 11 | Illinois residents. As both the public and private sectors have | ||||||
| 12 | a shared interest in fostering the economic vitality of the | ||||||
| 13 | State, it is the purpose of this Act to implement economic | ||||||
| 14 | development policy in the State by means of collaboration | ||||||
| 15 | between the government and a not-for-profit corporation. In | ||||||
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| 1 | addition, as the Historic Preservation Agency plays an | ||||||
| 2 | important role in the State's tourism efforts, for maximum | ||||||
| 3 | efficiency, the General Assembly finds that such Agency shall | ||||||
| 4 | be abolished and all of its duties and responsibilities | ||||||
| 5 | transferred to the Department of Commerce and Economic | ||||||
| 6 | Opportunity. Further, such functions within that Agency as they | ||||||
| 7 | relate to the Abraham Lincoln Presidential Library and Museum, | ||||||
| 8 | shall be transferred to a newly-established State agency, the | ||||||
| 9 | Abraham Lincoln Presidential Library and Museum, whose purpose | ||||||
| 10 | shall be to promote tourism and educate Illinois residents on | ||||||
| 11 | Lincoln's legacy and impact on the State.
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| 12 | Article II. | ||||||
| 13 | Section 2-1. Short title. This Article may be cited as the | ||||||
| 14 | Illinois Business and Economic Development Corporation Act. | ||||||
| 15 | References in this Article to "this Act" mean this Article.
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| 16 | Section 2-5. Definitions. For the purposes of this Act: | ||||||
| 17 | "Board" means the board of directors of the corporation. | ||||||
| 18 | "Chief Executive Officer" means the chief executive | ||||||
| 19 | officer of the corporation. | ||||||
| 20 | "Conflict party" means a director, officer, or employee of | ||||||
| 21 | the corporation; the spouse of a director, officer, or employee | ||||||
| 22 | of the corporation; or an immediate family member of a | ||||||
| 23 | director, officer, or employee of the corporation residing in | ||||||
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| 1 | the same residence as the director, officer or employee. | ||||||
| 2 | "Corporation" means the Illinois Business and Economic | ||||||
| 3 | Development Corporation incorporated by the Department | ||||||
| 4 | pursuant to Section 2-10. | ||||||
| 5 | "Department" means the Illinois Department of Commerce and | ||||||
| 6 | Economic Opportunity. | ||||||
| 7 | "Director" means the Director of Commerce and Economic | ||||||
| 8 | Opportunity. | ||||||
| 9 | "Division of Historic Sites" means the Division of Historic | ||||||
| 10 | Sites within the Department of Commerce and Economic | ||||||
| 11 | Opportunity.
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| 12 | Section 2-10. Creation of the Illinois Business and | ||||||
| 13 | Economic Development Corporation. | ||||||
| 14 | (a) The General Assembly authorizes the Department, in | ||||||
| 15 | accordance with Section 10 of the State Agency Entity Creation | ||||||
| 16 | Act, to incorporate the Illinois Business and Economic | ||||||
| 17 | Development Corporation as a not-for-profit corporation | ||||||
| 18 | pursuant to the General Not For Profit Corporation Act of 1986. | ||||||
| 19 | (b) The purpose of the corporation shall be to promote the | ||||||
| 20 | economic development and well-being of the State. The | ||||||
| 21 | corporation shall focus on business development, small and | ||||||
| 22 | minority-owned business incubation, trade and investment, | ||||||
| 23 | tourism and film. The corporation shall: | ||||||
| 24 | (1) develop best practices for economic development in | ||||||
| 25 | consultation with the Department; | ||||||
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| 1 | (2) enter into grant agreements with the Department and | ||||||
| 2 | sub-grants with other persons and entities; | ||||||
| 3 | (3) maintain and develop economic data and research | ||||||
| 4 | that is beneficial to business development in the State; | ||||||
| 5 | (4) maintain and develop information about specific | ||||||
| 6 | statewide and regional economic incentives and benefits | ||||||
| 7 | that may be available to a business to expand within, or | ||||||
| 8 | relocate to, the State; and provide such information to | ||||||
| 9 | prospective businesses; | ||||||
| 10 | (5) formulate and pursue programs and local | ||||||
| 11 | partnerships for encouraging the location of new | ||||||
| 12 | businesses in the State and for retaining and fostering the | ||||||
| 13 | growth of existing businesses; | ||||||
| 14 | (6) negotiate tax incentives with private businesses, | ||||||
| 15 | subject to Department approval; and | ||||||
| 16 | (7) cooperate with and provide information to State | ||||||
| 17 | agencies, local governments, community colleges, and State | ||||||
| 18 | universities on economic development matters. | ||||||
| 19 | (c) For the purposes described in this Act, the corporation | ||||||
| 20 | shall collaborate with the Department; with other State | ||||||
| 21 | agencies, authorities, boards, and commissions whose programs | ||||||
| 22 | and activities significantly affect economic activity in the | ||||||
| 23 | State as appropriate; and with local and regional economic | ||||||
| 24 | development organizations, local elected officials, | ||||||
| 25 | community-based organizations, service delivery providers, and | ||||||
| 26 | other organizations whose programs and activities | ||||||
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| 1 | significantly affect economic activity. The Department and | ||||||
| 2 | each other State agency, authority, board, or commission with | ||||||
| 3 | which the corporation seeks to collaborate shall assist the | ||||||
| 4 | corporation in carrying out its purposes as directed by the | ||||||
| 5 | Governor. | ||||||
| 6 | (d) The corporation shall not be considered, in whole or in | ||||||
| 7 | part, an agency, political subdivision, or instrumentality of | ||||||
| 8 | the State. The corporation shall not exercise any sovereign | ||||||
| 9 | power of the State. Employees and officers of the corporation | ||||||
| 10 | shall not be considered employees or officers of the State or | ||||||
| 11 | subject to Personnel Code or other laws applicable to State | ||||||
| 12 | employees and officers. The corporation does not have authority | ||||||
| 13 | to pledge the credit of the State; the State shall not be | ||||||
| 14 | liable for the debts or obligations of the corporation; and all | ||||||
| 15 | debts and obligations of the corporation shall be payable | ||||||
| 16 | solely from the corporation's funds. | ||||||
| 17 | (e) The corporation shall have such powers, rights, and | ||||||
| 18 | obligations as are conferred upon a not-for-profit corporation | ||||||
| 19 | under the General Not For Profit Corporation Act of 1986, | ||||||
| 20 | including to accept grants, loans, or other amounts from the | ||||||
| 21 | State, the federal government, or other persons; to enter into | ||||||
| 22 | contracts; and to employ personnel and other agents. | ||||||
| 23 | (f) The corporation shall be established, maintained, and | ||||||
| 24 | operated so that donations and bequests to the corporation | ||||||
| 25 | qualify as tax deductible under State income tax laws and | ||||||
| 26 | Section 501(c)(3) of the Internal Revenue Code. | ||||||
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| 1 | (g) The articles of incorporation and bylaws of the | ||||||
| 2 | corporation shall provide for (1) governance and efficient | ||||||
| 3 | management of the corporation, (2) a board of directors | ||||||
| 4 | satisfying the requirements of Section 2-15, (3) a conflict | ||||||
| 5 | of interest policy satisfying the requirements of Section | ||||||
| 6 | 2-30, and (4) financial operations of the corporation, | ||||||
| 7 | including the authority to receive and expend funds from | ||||||
| 8 | public and private sources and to use its property, money, | ||||||
| 9 | and other resources for the purposes of the corporation.
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| 10 | Section 2-15. Board of Directors and Chief Executive | ||||||
| 11 | Officer of the corporation. | ||||||
| 12 | (a) The affairs of the corporation shall be managed by or | ||||||
| 13 | under the direction of the board of directors of the | ||||||
| 14 | corporation. | ||||||
| 15 | (b) The board shall comprise 16 directors as follows: | ||||||
| 16 | (1) The Governor or his or designee shall be a director | ||||||
| 17 | ex officio and serve as chairperson of the board. | ||||||
| 18 | (2) The Governor shall appoint 11 directors, including | ||||||
| 19 | (i) one director with professional experience in finance, | ||||||
| 20 | insurance, or investment banking, (ii) one director with | ||||||
| 21 | professional experience in small business development, | ||||||
| 22 | (iii) one director with professional experience in the | ||||||
| 23 | tourism or hospitality industry, and (iv) eight directors | ||||||
| 24 | who are actively employed in the private, for-profit sector | ||||||
| 25 | or who otherwise have substantial experience in economic | ||||||
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| 1 | development. Of those eight directors described in clause | ||||||
| 2 | (iv), there shall be at least one director from each | ||||||
| 3 | industry cluster as identified to the Governor by the | ||||||
| 4 | Director. Of the 11 directors appointed pursuant to this | ||||||
| 5 | paragraph, at least 4 directors shall be representatives of | ||||||
| 6 | minority-owned and women-owned businesses. | ||||||
| 7 | (3) The Speaker and Minority Leader of the House of | ||||||
| 8 | Representatives and the President and Minority Leader of | ||||||
| 9 | the Senate each shall appoint one director who is employed | ||||||
| 10 | in, or retired from employment in, a private business, | ||||||
| 11 | not-for-profit organization, or academic organization. | ||||||
| 12 | (c) To facilitate communication and cooperation between | ||||||
| 13 | the corporation and State agencies involved in economic | ||||||
| 14 | development, the director or head of each of the following | ||||||
| 15 | agencies shall serve as a non-voting, non-director member of | ||||||
| 16 | the board: Department of Commerce and Economic Opportunity, | ||||||
| 17 | Department of Agriculture, Department of Natural Resources, | ||||||
| 18 | Department of Financial and Professional Regulation, Illinois | ||||||
| 19 | Finance Authority, Department of Revenue, Department of Labor, | ||||||
| 20 | Veterans' Affairs, Central Management Services, Illinois | ||||||
| 21 | Environmental Protection Agency and Department of Employment | ||||||
| 22 | Security. | ||||||
| 23 | (d) Except for the Governor or his or her designee, each | ||||||
| 24 | director shall serve a term of three years. The articles of | ||||||
| 25 | incorporation or bylaws shall divide the other 15 directors | ||||||
| 26 | into three equal classes, with the terms of one class of | ||||||
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| 1 | directors expiring each year. | ||||||
| 2 | (e) The Governor shall select an initial Chief Executive | ||||||
| 3 | Officer of the corporation, subject to confirmation by a | ||||||
| 4 | majority of members of the board. After the initial Chief | ||||||
| 5 | Executive Officer, each subsequent Chief Executive Officer | ||||||
| 6 | shall be selected and confirmed by a majority vote of the | ||||||
| 7 | Board.
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| 8 | Section 2-20. Office of Economic Development and Tourism. | ||||||
| 9 | Within the Department, there shall be created a new division | ||||||
| 10 | called the Office of Economic Development and Tourism. That | ||||||
| 11 | office shall collaborate with the corporation and be | ||||||
| 12 | responsible for the following functions of the Department: | ||||||
| 13 | business development; entrepreneurship, innovation, and | ||||||
| 14 | technology; trade and investment; and tourism and film. The | ||||||
| 15 | director of that office shall report directly to the Director.
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| 16 | Section 2-25. Transparency and accountability. | ||||||
| 17 | (a) Within the Office of the Director there is created a | ||||||
| 18 | new division called the Office of Accountability and | ||||||
| 19 | Transparency. Such division shall be responsible for | ||||||
| 20 | monitoring all grants made by the Department; for ensuring | ||||||
| 21 | compliance by the Department and its grantees, including the | ||||||
| 22 | corporation, with all applicable laws and grant terms and | ||||||
| 23 | conditions; and for ensuring transparency in the Department's | ||||||
| 24 | grant-making and other activities. | ||||||
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| 1 | (b) With respect to any grant agreement entered into | ||||||
| 2 | between the corporation and the Department, the corporation | ||||||
| 3 | shall comply with the following provisions: | ||||||
| 4 | (1) For the purposes of the Freedom of Information Act, | ||||||
| 5 | the corporation shall be considered a contractor | ||||||
| 6 | performing a governmental function on behalf of the | ||||||
| 7 | Department in accordance with subsection (2) of Section 7 | ||||||
| 8 | of such Act, notwithstanding whether the corporation | ||||||
| 9 | receives a grant from or enters into a contract with the | ||||||
| 10 | Department. | ||||||
| 11 | (2) The corporation shall post copies of minutes of its | ||||||
| 12 | board meetings on its publicly-accessible website. Any | ||||||
| 13 | redactions shall be limited to information exempt from | ||||||
| 14 | disclosure pursuant to subsection (1) of Section 7 of the | ||||||
| 15 | Freedom of Information Act or other applicable law. | ||||||
| 16 | (3) The corporation shall post copies of all final | ||||||
| 17 | grant agreements and tax incentives on its | ||||||
| 18 | publicly-accessible website. Any redactions shall be | ||||||
| 19 | limited to information exempt from disclosure pursuant to | ||||||
| 20 | subsection (1) of Section 7 of the Freedom of Information | ||||||
| 21 | Act or other applicable law. | ||||||
| 22 | (4) The corporation shall develop procedures, | ||||||
| 23 | standards, and objectives for evaluating all sub-grant | ||||||
| 24 | applicants and sub-grants awarded to ensure that State | ||||||
| 25 | funds spent by the corporation and its sub-grantees | ||||||
| 26 | optimize return on investment for Illinois taxpayers. Such | ||||||
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| 1 | procedures, standards, and objectives shall be disclosed | ||||||
| 2 | on the corporation's publicly-accessibly website. | ||||||
| 3 | (5) The corporation shall assess and report its efforts | ||||||
| 4 | and results to the public and the Department's Office of | ||||||
| 5 | Accountability and Transparency. In addition, the | ||||||
| 6 | corporation shall comply with all grant monitoring | ||||||
| 7 | procedures issued by the Department for the monitoring of | ||||||
| 8 | grants of State and federal funds. | ||||||
| 9 | (6) The corporation shall conduct an annual audit | ||||||
| 10 | performed by a certified public accountant in accordance | ||||||
| 11 | with generally accepted accounting procedures. Such audit | ||||||
| 12 | shall be filed with the Department's Office of | ||||||
| 13 | Accountability and Transparency and made available to the | ||||||
| 14 | public. | ||||||
| 15 | (7) The corporation shall be subject to bi-annual | ||||||
| 16 | audits by the Auditor General. | ||||||
| 17 | (8) The Corporation shall submit an annual report to | ||||||
| 18 | the Governor, the General Assembly, and the Department's | ||||||
| 19 | Office of Accountability and Transparency that describes | ||||||
| 20 | the corporation's operations and activities during the | ||||||
| 21 | prior fiscal year, including (A) the corporation's | ||||||
| 22 | complete, audited financial statements, including a | ||||||
| 23 | description of the corporation's financial conditions and | ||||||
| 24 | operations; (B) a listing of all public sources of funds | ||||||
| 25 | received by the corporation; (C) a listing of all private | ||||||
| 26 | sources of funds received by the corporation; (D) a listing | ||||||
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| 1 | of all firms and individuals who provided assistance or | ||||||
| 2 | resources to the corporation without compensation, | ||||||
| 3 | including the approximate value of the assistance or | ||||||
| 4 | resources provided; and (E) a description of how the | ||||||
| 5 | operations and activities of the corporation serve the | ||||||
| 6 | interests of the State and promote economic development. | ||||||
| 7 | (9) The corporation shall comply with all applicable | ||||||
| 8 | State and federal laws, including all applicable terms of | ||||||
| 9 | the Grant Accountability and Transparency Act.
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| 10 | Section 2-30. Conflicts of interest. | ||||||
| 11 | (a) In the conduct of their service to the corporation, | ||||||
| 12 | directors, officers, and employees of the corporation shall | ||||||
| 13 | behave ethically and in the best interests of the corporation | ||||||
| 14 | and shall seek to avoid actual and potential conflicts of | ||||||
| 15 | interest. | ||||||
| 16 | (b) The corporation shall adopt and maintain a | ||||||
| 17 | comprehensive conflicts of interest policy. Such policy shall | ||||||
| 18 | include, without limitation, the following: | ||||||
| 19 | (1) Any pecuniary interest held by or for a conflict | ||||||
| 20 | party in a grant from or contract with the corporation | ||||||
| 21 | shall be disclosed in writing and identified in the minutes | ||||||
| 22 | of the board. | ||||||
| 23 | (2) A conflict party who holds a pecuniary interest in | ||||||
| 24 | a grant from or contract with the corporation, or for whom | ||||||
| 25 | such an interest is held, shall not participate in any | ||||||
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| 1 | corporate action with respect to such grant or contract. | ||||||
| 2 | (3) A conflict party may not acquire a pecuniary | ||||||
| 3 | interest in a grant from or contract with the corporation | ||||||
| 4 | during the time that the conflict party (or the spouse or | ||||||
| 5 | immediate family member of the conflict party) serves as a | ||||||
| 6 | director, officer, or employee of the corporation and for | ||||||
| 7 | one year after termination of such service. | ||||||
| 8 | (4) The corporation will not enter into any grant or | ||||||
| 9 | contract with any entity in which a conflict party is | ||||||
| 10 | entitled to receive more than 7.5%, or in which a conflict | ||||||
| 11 | party together with his or her spouse and immediate family | ||||||
| 12 | members residing in his or her residence are entitled to | ||||||
| 13 | receive more than 15%, of the total distribution income of | ||||||
| 14 | the entity.
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| 15 | Section 2-35. Fundraising. The corporation shall raise and | ||||||
| 16 | accept funds from private donors to support its economic | ||||||
| 17 | development efforts and other operations.
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| 18 | Section 2-40. Historic Preservation Agency Abolished; | ||||||
| 19 | Division of Historic Sites Created. | ||||||
| 20 | (a) The Historic Preservation Agency, including the Board | ||||||
| 21 | of the Historic Preservation Agency, is abolished and its | ||||||
| 22 | powers, duties, functions, and responsibilities, except for | ||||||
| 23 | those contained in Sections 30, 31, 32, and 33 of the Historic | ||||||
| 24 | Preservation Agency Act relating to the Abraham Lincoln | ||||||
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| 1 | Presidential Library and Museum, are transferred to the | ||||||
| 2 | Historic Sites Division within the Department of Commerce and | ||||||
| 3 | Economic Opportunity. | ||||||
| 4 | (b) Within the Department of Commerce and Economic | ||||||
| 5 | Opportunity, there is created a new division called the | ||||||
| 6 | Division of Historic Sites. All powers, duties, functions, and | ||||||
| 7 | responsibilities of the former Historic Preservation Agency, | ||||||
| 8 | except for those contained Sections 30, 31, 32, and 33 of the | ||||||
| 9 | Historic Preservation Agency Act relating to the Abraham | ||||||
| 10 | Lincoln Presidential Library and Museum, are transferred to | ||||||
| 11 | such Division. | ||||||
| 12 | (c) The personnel of the Historic Preservation Agency are | ||||||
| 13 | hereby transferred to the Historic Sites Division within the | ||||||
| 14 | Department. The status and rights of the transferred employees, | ||||||
| 15 | and the rights of the State of Illinois and its agencies, under | ||||||
| 16 | the Personnel Code and applicable collective bargaining | ||||||
| 17 | agreements or under any pension, retirement, or annuity plan | ||||||
| 18 | are not affected (except as provided in Sections 14-110 and | ||||||
| 19 | 18-127 of the Illinois Pension Code) by that transfer or by any | ||||||
| 20 | other provision of this Act. | ||||||
| 21 | (d) All books, records, papers, documents, property (real | ||||||
| 22 | and personal), contracts, causes of action, and pending | ||||||
| 23 | business pertaining to the powers, duties, rights, and | ||||||
| 24 | responsibilities the Historic Preservation Agency, except for | ||||||
| 25 | those related to the Abraham Lincoln Presidential Library and | ||||||
| 26 | Museum, shall be transferred to the Historic Sites Division. | ||||||
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| 1 | (e) All unexpended appropriations and balances and other | ||||||
| 2 | funds available for use by the Historic Preservation Agency, | ||||||
| 3 | except for those related to the Abraham Lincoln Presidential | ||||||
| 4 | Library and Museum, shall be transferred to the Department. | ||||||
| 5 | (f) Whatever reports or notices are now required to be made | ||||||
| 6 | or given or papers or documents furnished or served by any | ||||||
| 7 | person to or upon the Historic Preservation Agency in | ||||||
| 8 | connection with the power, duties, rights and responsibilities | ||||||
| 9 | transferred by this Act, the same shall be made, given, | ||||||
| 10 | furnished or served in the same manner by the Division of | ||||||
| 11 | Historic Sites. | ||||||
| 12 | (g) This Act does not affect any act done, ratified, or | ||||||
| 13 | canceled or any right occurring or established or any action, | ||||||
| 14 | or proceeding had or commenced in an administrative, civil, or | ||||||
| 15 | criminal cause by the Historic Preservation Agency before this | ||||||
| 16 | Act takes effect; such actions or proceedings may be prosecuted | ||||||
| 17 | and continued by the Department. | ||||||
| 18 | (h) Any rules of the Historic Preservation Agency, except | ||||||
| 19 | for those related to the Abraham Lincoln Presidential Library | ||||||
| 20 | and Museum that relate to its powers, duties, rights and | ||||||
| 21 | responsibilities and are in full force on the effective date of | ||||||
| 22 | this Act shall become rules of the Department of Commerce and | ||||||
| 23 | Economic Opportunity. This Act does not affect the legality of | ||||||
| 24 | any such rules in the Illinois Administrative Code. | ||||||
| 25 | Any proposed rules filed with the Secretary of State by the | ||||||
| 26 | Historic Preservation Agency that are pending in the | ||||||
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| 1 | rule-making process on the effective date of this Act, shall be | ||||||
| 2 | deemed to have been filed by the Department of Commerce and | ||||||
| 3 | Economic Opportunity. As soon as practicable hereafter, the | ||||||
| 4 | Department shall revise and clarify the rules transferred to it | ||||||
| 5 | under this Act to reflect the reorganization of powers, duties, | ||||||
| 6 | rights and responsibilities affected by this Act using the | ||||||
| 7 | procedures for recodification of rules available under the | ||||||
| 8 | Illinois Administrative Procedure Act, except that the | ||||||
| 9 | existing titles, part and section numbering for the affected | ||||||
| 10 | rules may be retained.
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| 11 | Article III. | ||||||
| 12 | Section 3-1. Short title. This Article may be cited as the | ||||||
| 13 | Abraham Lincoln Presidential Library and Museum Act. | ||||||
| 14 | References in this Article to "this Act" mean this Article.
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| 15 | Section 3-5. Definitions. As used in this Act: | ||||||
| 16 | "Agency" means the Abraham Lincoln Presidential Library | ||||||
| 17 | and Museum. | ||||||
| 18 | "Board" means the Board of the Abraham Lincoln Presidential | ||||||
| 19 | Library and Museum.
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| 20 | "Executive Director" means the Executive Director of the | ||||||
| 21 | Abraham Lincoln Presidential Library and Museum. | ||||||
| 22 | "Library" means the Abraham Lincoln Presidential Library. | ||||||
| 23 | "Museum" means the Abraham Lincoln Presidential Museum.
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| 1 | Section 3-10. Abraham Lincoln Presidential Library and | ||||||
| 2 | Museum; establishment. | ||||||
| 3 | (a) The Abraham Lincoln Presidential Library and Museum, | ||||||
| 4 | formerly a constituent unit of the Illinois Historic | ||||||
| 5 | Preservation Agency, is created as an independent State agency | ||||||
| 6 | within the Executive Branch of State government. | ||||||
| 7 | (b) The Agency shall be under the supervision and direction | ||||||
| 8 | of the Executive Director of the Abraham Lincoln Presidential | ||||||
| 9 | Library and Museum.
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| 10 | Section 3-15. Board. There shall be a Board of the Abraham | ||||||
| 11 | Lincoln Presidential Library and Museum to advise the Lincoln | ||||||
| 12 | Presidential Library and Museum and the Executive Director on | ||||||
| 13 | programs related to the Lincoln Presidential Library and Museum | ||||||
| 14 | and to exercise the powers and duties given to it under Section | ||||||
| 15 | 3-25 of this Act. The Lincoln Presidential Library and Museum | ||||||
| 16 | and the Abraham Lincoln Presidential Library Foundation may | ||||||
| 17 | mutually co-operate to maximize resources available to the | ||||||
| 18 | Lincoln Presidential Library and Museum and to support, | ||||||
| 19 | sustain, and provide educational programs and collections at | ||||||
| 20 | the Lincoln Presidential Library and Museum. Notwithstanding | ||||||
| 21 | any other provision of law, the Agency is not bound by any | ||||||
| 22 | Memoranda of Understanding entered into by the Illinois | ||||||
| 23 | Historic Preservation Agency, whether on behalf of the Abraham | ||||||
| 24 | Lincoln Presidential Library and Museum or otherwise, and the | ||||||
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| 1 | Abraham Lincoln Presidential Library Foundation. The terms of | ||||||
| 2 | such a Memorandum shall not be enforceable against the Agency.
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| 3 | Section 3-20. Composition of the Board. The Board of the | ||||||
| 4 | Agency shall consist of the 11 members to be appointed by the | ||||||
| 5 | Governor, with the advice and consent of the Senate. The Board | ||||||
| 6 | shall consist of members with the following qualifications: | ||||||
| 7 | (1) One member shall have recognized knowledge and ability | ||||||
| 8 | in matters related to business administration. | ||||||
| 9 | (2) One member shall have recognized knowledge and ability | ||||||
| 10 | in matters related to the history of Abraham Lincoln. | ||||||
| 11 | (3) One member shall have recognized knowledge and ability | ||||||
| 12 | in matters related to the history of Illinois. | ||||||
| 13 | (4) One member shall have recognized knowledge and ability | ||||||
| 14 | in matters related to library and museum studies. | ||||||
| 15 | (5) One member shall have recognized knowledge and ability | ||||||
| 16 | in matters related to historic preservation. | ||||||
| 17 | (6) One member shall have recognized knowledge and ability | ||||||
| 18 | in matters related to cultural tourism. | ||||||
| 19 | The initial terms of office shall be designed by the | ||||||
| 20 | Governor as follows: one member to serve for a term of one | ||||||
| 21 | year, 2 members to serve for a term of 2 years, 2 members to | ||||||
| 22 | serve for a term of 3 years, 2 members to serve for a term of 4 | ||||||
| 23 | years, 2 member to serve for a term of 5 years, and 2 members to | ||||||
| 24 | serve for a term of 6 years. Thereafter, all appointments shall | ||||||
| 25 | be for a term of 6 years. The Governor shall appoint one of the | ||||||
| |||||||
| |||||||
| 1 | members to serve as Chair at the pleasure of the Governor. | ||||||
| 2 | The members of the Board shall serve without compensation | ||||||
| 3 | but shall be entitled to reimbursement for all necessary | ||||||
| 4 | expenses incurred in the performance of their official duties | ||||||
| 5 | as members of the Board from funds appropriated for that | ||||||
| 6 | purpose.
| ||||||
| 7 | Section 3-25. Powers and duties of the Board. The Board | ||||||
| 8 | shall: | ||||||
| 9 | (a) Establish programs for implementation in support of the | ||||||
| 10 | mission and goals of the Agency. | ||||||
| 11 | (b) Create and execute such seminars, symposia, or other | ||||||
| 12 | conferences as may be necessary or advisable to the Agency. | ||||||
| 13 | (c) Report annually to the Governor and the General | ||||||
| 14 | Assembly on the status of the Agency and its programs. | ||||||
| 15 | (d) Accept, hold, maintain, and administer, as trustee, | ||||||
| 16 | property given in trust for education or historic purposes for | ||||||
| 17 | the benefit of the people of the State of Illinois and dispose | ||||||
| 18 | of any property under the terms of the instrument creating the | ||||||
| 19 | trust. | ||||||
| 20 | (e) Accept, hold, maintain, and administer donated | ||||||
| 21 | property of historical significance such as books, papers, | ||||||
| 22 | records, and personal property of any kind, including | ||||||
| 23 | electronic and digital property, pursuant to gifting | ||||||
| 24 | instruments, agreements, or deeds of gift and enter into such | ||||||
| 25 | agreements as may be necessary to carry out the Board's duties | ||||||
| |||||||
| |||||||
| 1 | and responsibilities under this Section. | ||||||
| 2 | (f) Lease concessions at the Library and Museum. All | ||||||
| 3 | leases, for whatever period, shall be made subject to the | ||||||
| 4 | written approval of the Governor. All concession leases | ||||||
| 5 | extending for a period in excess of 10 years shall contain | ||||||
| 6 | provisions for the Agency to participate, on a percentage | ||||||
| 7 | basis, in the revenues generated by any concession operation. | ||||||
| 8 | (g) Enforce the laws of the State and the rules of the | ||||||
| 9 | Agency. | ||||||
| 10 | (h) Cooperate with private organizations and agencies of | ||||||
| 11 | the State of Illinois by providing areas and the use of staff | ||||||
| 12 | personnel where feasible for the sale of publications on the | ||||||
| 13 | historic and cultural heritage of the State and craft items | ||||||
| 14 | made by Illinois craftsmen. These sales shall not conflict with | ||||||
| 15 | existing concession agreements. The Board is authorized to | ||||||
| 16 | negotiate and approve agreements with the organizations and | ||||||
| 17 | agencies for a portion of the monies received from sales to be | ||||||
| 18 | returned to the Agency for the furtherance of interpretative | ||||||
| 19 | and restoration programs. | ||||||
| 20 | (i) Accept offers of gifts, gratuities, or grants from the | ||||||
| 21 | federal government, its agencies, or offices, or from any | ||||||
| 22 | person, firm, or corporation. | ||||||
| 23 | (j) Subject to the provisions of the Illinois | ||||||
| 24 | Administrative Procedure Act, make reasonable rules as may be | ||||||
| 25 | necessary to discharge the duties of the Agency. | ||||||
| 26 | (k) Charge and collect admission fees and rental for access | ||||||
| |||||||
| |||||||
| 1 | to and use of the facilities of the Library and Museum. | ||||||
| 2 | (l) Operate a restaurant, caf�, or other food serving | ||||||
| 3 | facility at the Museum or lease the operation of such a | ||||||
| 4 | facility under reasonable terms and conditions; and provide | ||||||
| 5 | vending services for food, beverages, or other products deemed | ||||||
| 6 | necessary and proper, consistent with the purposes of the | ||||||
| 7 | Library and Museum. | ||||||
| 8 | (m) Engage in marketing activities designed to promote the | ||||||
| 9 | Library and Museum. In undertaking these activities, the Board | ||||||
| 10 | may take all necessary steps with respect to products and | ||||||
| 11 | services, including, but not limited to, retail sales, | ||||||
| 12 | wholesale sales, direct marketing, mail order sales, telephone | ||||||
| 13 | sales, advertising and promotion, purchase of product and | ||||||
| 14 | materials inventory, design and printing and manufacturing of | ||||||
| 15 | new products, reproductions, and adaptations, copyright and | ||||||
| 16 | trademark licensing and royalty agreements, and payment of | ||||||
| 17 | applicable taxes. In addition, the Board shall have the | ||||||
| 18 | authority to sell advertising in its publications and printed | ||||||
| 19 | materials.
| ||||||
| 20 | Section 3-30. Administration of the Agency. The Board shall | ||||||
| 21 | appoint an Executive Director of the Agency. The Executive | ||||||
| 22 | Director shall serve at the pleasure of the Board. The | ||||||
| 23 | Executive Director shall, subject to applicable provisions of | ||||||
| 24 | law, execute and discharge the powers and duties of the Agency. | ||||||
| 25 | The Executive Director shall have hiring power and shall | ||||||
| |||||||
| |||||||
| 1 | appoint (a) a Library Facilities Operations Director; and (b) a | ||||||
| 2 | Director of the Library. The Executive Director shall appoint | ||||||
| 3 | those other employees of the Agency as he or she deems | ||||||
| 4 | appropriate and shall fix the compensation of the Library | ||||||
| 5 | Facilities Operations' Director, the Direction of the Library | ||||||
| 6 | and other employees. The Executive Director may establish and | ||||||
| 7 | collect admission and registration fees, may operate a gift | ||||||
| 8 | shop, and may publish and sell educational and informational | ||||||
| 9 | materials.
| ||||||
| 10 | Section 3-35. Executive Director; exchange historical | ||||||
| 11 | records. The Executive Director of the Agency may and is hereby | ||||||
| 12 | required to make all necessary rules, regulations, and bylaws | ||||||
| 13 | not inconsistent with law to carry into effect the purposes of | ||||||
| 14 | this Act and to procure from time to time as may be possible | ||||||
| 15 | and practicable, at reasonable costs, all books, pamphlets, | ||||||
| 16 | manuscripts, monographs, writings, and other material of | ||||||
| 17 | historical interest and useful to the historian bearing upon | ||||||
| 18 | the political, physical, religious, or social history of the | ||||||
| 19 | State of Illinois from the earliest known period of time. The | ||||||
| 20 | Executive Director of the Agency may, with the consent of the | ||||||
| 21 | Board, exchange any books, pamphlets, manuscripts, records or | ||||||
| 22 | other materials which such library may acquire that are of no | ||||||
| 23 | historical interest or for any reason are of no value to it, | ||||||
| 24 | with any other library, school or historical society. The | ||||||
| 25 | Executive Director shall distribute volumes of the series known | ||||||
| |||||||
| |||||||
| 1 | as the Illinois Historical Collections now in print, and to be | ||||||
| 2 | printed, to all who may apply for same and who pay to the | ||||||
| 3 | Library and Museum for such volumes an amount fixed by the | ||||||
| 4 | Executive Director sufficient to cover the expenses of printing | ||||||
| 5 | and distribution of each volume received by such applicants. | ||||||
| 6 | However, the Executive Director shall have authority to furnish | ||||||
| 7 | 25 of each of the volumes of the Illinois Historical | ||||||
| 8 | Collections, free of charge to each of the authors and editors | ||||||
| 9 | of the collections or parts thereof; to furnish, as in his | ||||||
| 10 | discretion he deems necessary or desirable, as reasonable | ||||||
| 11 | number of each of the volumes of the Collections without charge | ||||||
| 12 | to archives, libraries and similar institutions from which | ||||||
| 13 | material has been drawn or assistance has been given in the | ||||||
| 14 | preparation of such Collections, and to the officials thereof, | ||||||
| 15 | to furnish, as in his discretion he deems necessary or | ||||||
| 16 | desirable, a reasonable number of each of the volumes of the | ||||||
| 17 | Collections without charge to the University of Illinois | ||||||
| 18 | Library and to instructors and officials of that University, | ||||||
| 19 | and to public libraries in the State of Illinois. The Executive | ||||||
| 20 | Director, may, with the consent of the Board, also make | ||||||
| 21 | exchanges of Historical Collections with any other library, | ||||||
| 22 | school or historical society, and to distribute volumes of | ||||||
| 23 | collections for review purposes.
| ||||||
| 24 | Section 3-40. Illinois State Historian; appointment. The | ||||||
| 25 | Board shall appoint the Illinois State Historian, who shall | ||||||
| |||||||
| |||||||
| 1 | provide historical expertise, support, and service to all | ||||||
| 2 | divisions of the Agency. The State Historian is the State's | ||||||
| 3 | authority on Abraham Lincoln and the history of Illinois.
| ||||||
| 4 | Section 3-45. State Historian; historical records. The | ||||||
| 5 | State Historian shall establish and supervise a program within | ||||||
| 6 | the Agency designed to preserve as historical records selected | ||||||
| 7 | past editions of newspapers of this State. Such editions shall | ||||||
| 8 | be microphotographed. The negatives of such microphotographs | ||||||
| 9 | shall be stored in a place provided by the Agency. | ||||||
| 10 | The State Historian shall determine on the basis of | ||||||
| 11 | historical value the various newspaper edition files which | ||||||
| 12 | shall be microphotographed and shall arrange a schedule for | ||||||
| 13 | such microphotographing. The State Historian shall supervise | ||||||
| 14 | the making of arrangements for acquiring access to past edition | ||||||
| 15 | filed with the editors or publishers of the various newspapers. | ||||||
| 16 | The method of microphotography to be employed in this | ||||||
| 17 | program shall conform to the standards established pursuant to | ||||||
| 18 | Section 17 of the State Records Act. | ||||||
| 19 | Upon payment to the Agency of the required fee, any person | ||||||
| 20 | or organization shall be supplied with any prints requested to | ||||||
| 21 | be made from the negatives of the microphotographs. The fee | ||||||
| 22 | required shall be determined by the State Historian and shall | ||||||
| 23 | be equal in amount to the costs incurred by the Agency in | ||||||
| 24 | supplying the requested prints.
| ||||||
| |||||||
| |||||||
| 1 | Section 3-50. Gifts to the Illinois State Historic Library. | ||||||
| 2 | Those programs, collections, and functions heretofore | ||||||
| 3 | administered by the Illinois State Historical Library or the | ||||||
| 4 | Historic Preservation Agency's Historical Library Division | ||||||
| 5 | shall be administered by the Agency. All gifts made | ||||||
| 6 | specifically to the Illinois State Historical Library shall | ||||||
| 7 | remain at all times within the Agency.
| ||||||
| 8 | Section 3-55. Director of the Library; historical | ||||||
| 9 | collections. The Director of the Library may and is hereby | ||||||
| 10 | required to make all necessary rules, regulations, and bylaws | ||||||
| 11 | not inconsistent with law to carry into effect the purpose of | ||||||
| 12 | this Act and to procure from time to time as may be possible | ||||||
| 13 | and practicable, at reasonable costs, all books, pamphlets, | ||||||
| 14 | manuscripts, monographs, writings, and other material of | ||||||
| 15 | historical interest and useful to the historical bearing upon | ||||||
| 16 | the political, physical, religious, or social history of the | ||||||
| 17 | State of Illinois from the earliest known period of time. The | ||||||
| 18 | Director of the Library may exchange any books, pamphlets, | ||||||
| 19 | manuscripts, records or other material which the Library may | ||||||
| 20 | acquire that are of no historical interest of for any reason | ||||||
| 21 | are of no value to it, with another library, school, or | ||||||
| 22 | historical society. The Director of the Library shall | ||||||
| 23 | distribute volumes of the series known as the Illinois | ||||||
| 24 | Historical Collection now in print, and to be printed to all | ||||||
| 25 | may apply for same and who pay to the Library for such volumes | ||||||
| |||||||
| |||||||
| 1 | an amount fixed by the Director sufficient to cover the | ||||||
| 2 | expenses of printing and distributing each volumes received by | ||||||
| 3 | such applicants. However, the Director of the Library shall | ||||||
| 4 | have authority to furnish 25 of each of the volumes of the | ||||||
| 5 | Illinois Historical Collection, free of charge, to each of the | ||||||
| 6 | authors and editors of the collection or part thereof, to | ||||||
| 7 | furnish, as in his or her discretion he or she deems necessary | ||||||
| 8 | or desirable, a reasonable number of each of the volumes of the | ||||||
| 9 | collections without charge to archives, libraries and similar | ||||||
| 10 | institutions from which materials has been drawn or assistance | ||||||
| 11 | has been given in the preparation of such Collections, and to | ||||||
| 12 | the officials thereof, and to furnish, as in his or her | ||||||
| 13 | discretion he or she deems necessary or desirable, a reasonable | ||||||
| 14 | number of each of the volumes of the collections without charge | ||||||
| 15 | to the University of Illinois library and to instructor and | ||||||
| 16 | officials of that University, and to the public libraries in | ||||||
| 17 | the State of Illinois. The Director of the Library may also | ||||||
| 18 | make exchanges of Historical Collections with any other | ||||||
| 19 | library, school, or historical society, and to distribute | ||||||
| 20 | volumes of collections for review purposes.
| ||||||
| 21 | Section 3-60. State Historical Library. The rights, | ||||||
| 22 | powers, and duties vested by law in the State Historical | ||||||
| 23 | Library or any office, division or bureau thereof are hereby | ||||||
| 24 | transferred to the Division of Historical Sites.
| ||||||
| |||||||
| |||||||
| 1 | Section 3-65. Separation from the Historic Preservation | ||||||
| 2 | Agency. On the effective date of this Act, all of the powers, | ||||||
| 3 | duties, assets, liabilities, employees, contracts, property, | ||||||
| 4 | including any items formerly contained in the Illinois State | ||||||
| 5 | Historical Library now presently held in the Abraham Lincoln | ||||||
| 6 | Presidential Library and Museum, records, pending business, | ||||||
| 7 | and unexpanded appropriations of the Historic Preservation | ||||||
| 8 | Agency related to the administration and enforcement of Section | ||||||
| 9 | 17, 32, and of the Historic Preservation Agency Act (now | ||||||
| 10 | repealed) are transferred to the Agency created under this Act.
| ||||||
| 11 | The status and rights of the transferred employees, and the | ||||||
| 12 | rights of the State of Illinois and its agencies, under the | ||||||
| 13 | Personnel Code and applicable collective bargaining agreements | ||||||
| 14 | or under any pension, retirement, or annuity plan are not | ||||||
| 15 | affected (except as provided in Sections 14-110 and 18-127 of | ||||||
| 16 | the Illinois Pension Code) by that transfer or by any other | ||||||
| 17 | provision of this Act. Staff hired on or after the effective | ||||||
| 18 | date of this Act shall not be subject to the Personnel Code or | ||||||
| 19 | any applicable collective bargaining agreement.
| ||||||
| 20 | Article IV. | ||||||
| 21 | (20 ILCS 605/605-300 rep.) | ||||||
| 22 | Section 4-5. The Department of Commerce and Economic | ||||||
| 23 | Opportunity Law of the Civil Administrative Code of Illinois is | ||||||
| 24 | amended by repealing Section 605-300.
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 3405 rep.) | ||||||
| 2 | Section 4-10. The Historic Preservation Agency Act is | ||||||
| 3 | repealed.
| ||||||
| 4 | (20 ILCS 3425 rep.) | ||||||
| 5 | Section 4-15. The State Historical Library Act is repealed.
| ||||||
| 6 | Article V.
| ||||||
| 7 | Section 5-99. Effective date. This Act takes effect upon | ||||||
| 8 | becoming law.".
| ||||||
