Bill Text: IL HB4451 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Amends the Department of Natural Resources Act, the Historic Preservation Act, and the Illinois State Agency Historic Resources Preservation Act. Requires the Illinois State Museum and Division of Historic Preservation of the Department of Natural Resources to collaborate and assist the Department of Resources exercise its duties under the Acts. Removes the authority of the Board of the Illinois State Museum to approve budget requests of the Illinois State Museum. Replaces references to the Historic Sites and Preservation Division of the Department with the Department of Natural Resources. Makes other changes. Effective Immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-05-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB4451 Detail]

Download: Illinois-2021-HB4451-Engrossed.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Natural Resources Act is
amended by changing Sections 1-25 and 20-10 as follows:
(20 ILCS 801/1-25)
Sec. 1-25. Powers of the State Museum. In addition to its
other powers and duties, the Department shall have the
following powers and duties which shall be performed by the
State Museum:
(1) To investigate and study the natural resources of
the State and to prepare printed reports and furnish
information fundamental to the conservation and
development of natural resources and for that purpose the
officers and employees thereof may, pursuant to rule
adopted by the Department, enter and cross all lands in
this State, doing no damage to private property.
(2) To cooperate with and advise departments having
administrative powers and duties relating to the natural
resources of the State, and to cooperate with similar
departments in other states and with the United States
Government.
(3) To cooperate with the Illinois State Academy of

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Science and to publish a suitable number of the results of
the investigations and research in the field of natural
science to the end that the same may be distributed to the
interested public.
(4) To maintain a State Museum, and to collect and
preserve objects of scientific and artistic value,
representing past and present fauna and flora, the life
and work of man, geological history, natural resources,
and the manufacturing and fine arts; to interpret for and
educate the public concerning the foregoing.
(5) To cooperate with the Illinois State Museum
Society for the mutual benefit of the Museum and the
Society, with the Museum furnishing necessary space for
the Society to carry on its functions and keep its
records, and, upon the recommendation of the Museum
Director with the approval of the Board of State Museum
Advisors and the Director of the Department, to enter into
agreements with the Illinois State Museum Society for the
operation of a sales counter and other concessions for the
mutual benefit of the Museum and the Society.
(6) To accept grants of property and to hold property
to be administered as part of the State Museum for the
purpose of preservation, research of interpretation of
significant areas within the State for the purpose of
preserving, studying and interpreting archaeological and
natural phenomena.

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(7) To contribute to and support the operations,
programs and capital development of public museums in this
State. For the purposes of this Section, "public museum"
means a facility: (A) that is operating for the purposes
of promoting cultural development through special
activities or programs or through performing arts that are
performed in an indoor setting, and acquiring, conserving,
preserving, studying, interpreting, enhancing, and in
particular, organizing and continuously exhibiting
specimens, artifacts, articles, documents and other things
of historical, anthropological, archaeological,
industrial, scientific or artistic import, to the public
for its instruction and enjoyment, and (B) that either (i)
is operated by or located upon land owned by a unit of
local government or (ii) is a museum that has an annual
attendance of at least 150,000 and offers educational
programs to school groups during school hours. A museum is
eligible to receive funds for capital development under
this subdivision (7) only if it is operated by or located
upon land owned by a unit of local government or if it is
certified by a unit of local government in which it is
located as a public museum meeting the criteria of this
Section. Recipients of funds for capital development under
this subdivision (7) shall match State funds with local or
private funding according to the following:
(a) for a public museum with an attendance of

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300,000 or less during the preceding calendar year, no
match is required;
(b) for a public museum with an attendance of over
300,000 but less than 600,000 during the preceding
calendar year, the match must be at a ratio of $1 from
local and private funds for every $1 in State funds;
and
(c) for a public museum with an attendance of over
600,000 during the preceding calendar year, the match
must be at a ratio of $2 from local and private funds
for every $1 in State funds.
The Department shall formulate rules and regulations
relating to the allocation of any funds appropriated by
the General Assembly for the purpose of contributing to
the support of public museums in this State.
(8) To perform all other duties and assume all
obligations of the former Department of Energy and Natural
Resources and the former Department of Registration and
Education pertaining to the State Museum.
(9) To work in collaboration with the Division of
Historic Preservation of the Department in the exercise of
all the rights, powers, and duties conferred upon the
Department under the Historic Preservation Act.
(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
(20 ILCS 801/20-10)

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Sec. 20-10. Board of the Illinois State Museum.
(a) Within the Department there shall be a Board of the
Illinois State Museum, composed of 11 persons, one of whom
shall be a senior citizen age 60 or over. The Board shall be
composed of 9 representatives of the natural sciences,
anthropology, art, and business, qualified by at least 10
years of experience in practicing or teaching their several
professions; one senior citizen; and the Director of Natural
Resources or the Director's designee. Members of the Board
shall be appointed by the Governor with the advice and consent
of the Senate and shall serve for 2-year terms.
The transfer of the Board to the Department under this Act
does not terminate or otherwise affect the term of membership
of any member of the Board, except that the former Director of
Energy and Natural Resources is replaced by the Director of
Natural Resources.
(b) The Board shall:
(1) advise the Director of the Department in all
matters pertaining to maintenance, extension and
usefulness of the Illinois State Museum;
(2) make recommendations concerning the appointment of
a new museum director whenever a vacancy occurs in that
position; and
(3) (blank);
(4) review the budget and approve budget requests of
the Illinois State Museum and make recommendations with

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reference thereto to the Governor through the Director of
the Department.
(c) (Blank).
(Source: P.A. 102-303, eff. 1-1-22.)
Section 10. The Historic Preservation Act is amended by
changing Sections 4.5, 5.1, 6, 11, 12, 13, 14, 15, and 16 and
by adding Section 4.6 as follows:
(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 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.
(Source: P.A. 100-695, eff. 8-3-18; 101-81, eff. 7-12-19.)
(20 ILCS 3405/4.6 new)
Sec. 4.6. Interagency collaboration. The Division of
Historic Preservation of the Department and the Illinois State

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Museum shall collaborate and assist the Department in the
exercise of all the rights, powers, and duties conferred upon
the Department by this Act.
(20 ILCS 3405/5.1) (from Ch. 127, par. 2705.1)
Sec. 5.1. The powers, duties and authority granted to the
Department of Conservation pursuant to the provisions of
Section 63a21.2 of the Civil Administrative Code of Illinois
(renumbered; now Section 805-315 of the Department of Natural
Resources (Conservation) Law, 20 ILCS 805/805-315) to offer a
cash incentive to a qualified bidder for the development,
construction and supervision of a concession complex at
Lincoln's New Salem State Park are transferred to the
Department Historic Sites and Preservation Division of the
Historic Preservation Agency.
(Source: P.A. 91-239, eff. 1-1-00; 92-600, eff. 7-1-02.)
(20 ILCS 3405/6) (from Ch. 127, par. 2706)
Sec. 6. Jurisdiction. The Historic Sites Division of the
Department shall have jurisdiction over the following
described areas which are hereby designated as State Historic
Sites, State Memorials, and Miscellaneous Properties. These
sites have been deemed to have a State, national, or
international level of historical significance and the
stewardship and caretaking responsibilities to protect and
promote are hereby bestowed upon the Department:

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State Historic Sites
Albany Mounds State Historic Site, Whiteside County;
Apple River Fort State Historic Site, Jo Daviess JoDaviess
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;
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

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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;
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.
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.)
(20 ILCS 3405/11) (from Ch. 127, par. 2711)
Sec. 11. The Historic Sites and Preservation Division of
the Department shall exercise all rights, powers and duties

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vested in the Department of Conservation by the "Illinois
Historic Preservation Act", approved August 14, 1976, as
amended.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3405/12) (from Ch. 127, par. 2712)
Sec. 12. The Historic Sites and Preservation Division of
the Department 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. 100-695, eff. 8-3-18.)
(20 ILCS 3405/13) (from Ch. 127, par. 2713)
Sec. 13. The Historic Sites and Preservation Division of
the Department 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

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interests of the State.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3405/14) (from Ch. 127, par. 2714)
Sec. 14. The Historic Sites and Preservation Division of
the Department shall exercise all rights, powers and duties
set forth in Sections 10-40 through 10-85 of the Property Tax
Code.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3405/15) (from Ch. 127, par. 2715)
Sec. 15. The Historic Sites and Preservation Division of
the Department 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. 100-695, eff. 8-3-18.)
(20 ILCS 3405/16) (from Ch. 127, par. 2716)
Sec. 16. The Historic Sites and Preservation Division of
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 the Historic Sites
and Preservation Division of the Department.
(b) To take all measures necessary to erect, maintain,

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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
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 Historic Sites and Preservation

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Division of 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 Historic Sites and Preservation Division of the
Department, 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 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

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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
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

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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
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, 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 Historic Sites and Preservation
Division of 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

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agreements. The Historic Sites and Preservation Division
of 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 Historic Sites
and Preservation Division of 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
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.

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(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
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

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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 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 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
Historic Sites and Preservation Division of the Department

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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
income from marketing activities shall be deposited into
the Illinois Historic Sites Fund.
(Source: P.A. 99-642, eff. 7-28-16; 100-695, eff. 8-3-18.)
Section 15. The Illinois State Agency Historic Resources
Preservation Act is amended by changing Section 5 as follows:
(20 ILCS 3420/5) (from Ch. 127, par. 133c25)
Sec. 5. Responsibilities of the Department of Natural
Resources, Division of Historic Preservation.

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(a) The Director shall include in the Department'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

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adverse or beneficial, on an historic resource.
(f) The Department of Natural Resources 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 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 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. 100-695, eff. 8-3-18.)
Section 99. Effective date. This Act takes effect upon
becoming law.