Bill Text: IL SB2976 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Provides that the State Historic Preservation Board shall consist of 9 voting members appointed by the Governor (rather than 9 voting members appointed by the Governor with the advice and consent of the Senate). Makes changes to the composition of the Board. Provides that the Governor may remove a Board member for just cause. Provides that the Department shall provide administrative support to the Board. Removes distinctions between State Historic Sites, State Memorials, and Miscellaneous Properties. Authorizes the Board to modify, remove, or add to the list of State Historic Sites. Provides that the renamed Illinois National Register Advisory Council shall consist of 9 members (rather than 15), starting on January 1, 2025. Makes changes to the composition of the Council. Provides for quorum rules, as well as applicability of the Open Meetings Act and Freedom of Information Act. Adds definitions. Makes technical and other changes. Effective immediately, except that the changes made to the Illinois Historic Sites Advisory Council Act take effect on January 1, 2025.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2024-08-02 - Public Act . . . . . . . . . 103-0768 [SB2976 Detail]

Download: Illinois-2023-SB2976-Enrolled.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 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:
(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.)
(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.)
(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.
(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:
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.
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; 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.)
(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.)
(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.
(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:
(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.)
(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.)
(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.)
(20 ILCS 3415/Act rep.)
Section 15. The Historical Sites Listing Act is repealed.