Illinois Compiled Statutes
Chapter 20 - EXECUTIVE BRANCH
20 ILCS 3405/ - Historic Preservation Act.

(20 ILCS 3405/1) (from Ch. 127, par. 2701)
Sec. 1.
This Article shall be known and may be cited as the "Historic
Preservation Act".

(Source: P.A. 100-695, eff. 8-3-18.)
 
(20 ILCS 3405/2) (from Ch. 127, par. 2702)
Sec. 2. For the purposes of this Act:
(a) (Blank);
(b) (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.

(Source: P.A. 100-120, eff. 8-18-17; 100-695, eff. 8-3-18.)
 
(20 ILCS 3405/3)
Sec. 3. (Repealed).


(Source: P.A. 86-1336. Repealed by P.A. 100-695, eff. 8-3-18.)
 
(20 ILCS 3405/3.1)
Sec. 3.1. Agency abolished; functions transferred.
(a) On August 3, 2018 (the effective date of Public Act 100-695), the Historic Preservation Agency, including the Board of Trustees, is hereby abolished and all powers, duties, rights, and responsibilities of the Historic Preservation Agency, except those functions relating to the Abraham Lincoln Presidential Library and Museum, shall be transferred to the Department of Natural Resources. The powers, duties, rights, and responsibilities related to the functions of the Historic Preservation Agency transferred under Public Act 100-695 shall be vested in and shall be exercised by the Department of Natural Resources. Each act done in the exercise of those powers, duties, rights, and responsibilities shall have the same legal effect as if done by the Historic Preservation Agency or its divisions, officers, or employees.
(b) The personnel and positions within the Historic Preservation Agency shall be transferred to the Department of Natural Resources and shall continue their service within the Department of Natural Resources. The status and rights of those employees under the Personnel Code shall not be affected by Public Act 100-695. The status and rights of the employees and the State of Illinois and its agencies under the Personnel Code, the Illinois Public Labor Relations Act, and applicable collective bargaining agreements or under any pension, retirement, or annuity plan, shall not be affected by Public Act 100-695.
(c) All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities transferred by Public Act 100-695 from the Historic Preservation Agency to the Department of Natural Resources, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, shall be transferred to the Department of Natural Resources.
(d) With respect to the functions of the Historic Preservation Agency transferred under Public Act 100-695, the Department of Natural Resources is the successor agency to the Historic Preservation Agency under the Successor Agency Act and Section 9b of the State Finance Act. All unexpended appropriations and balances and other funds available for use by the Historic Preservation Agency shall, under the direction of the Governor, be transferred for use by the Department of Natural Resources in accordance with Public Act 100-695. Unexpended balances so transferred shall be expended by the Department of Natural Resources only for the purpose for which the appropriations were originally made.
(e) The manner in which any official is appointed, except that when any provision of an Executive Order or Act provides for the membership of the Historic Preservation Agency on any council, commission, board, or other entity, the Director of Natural Resources or his or her designee shall serve in that place; if more than one person is required by law to serve on any council, commission, board, or other entity, then an equivalent number of representatives of the Department of Natural Resources shall so serve.
(f) Whenever reports or notices are required to be made or given or papers or documents furnished or served by any person to or upon the Historic Preservation Agency in connection with any of the powers, duties, rights, or responsibilities transferred by Public Act 100-695, the same shall be made, given, furnished, or served in the same manner to or upon the Department of Natural Resources.
(g) Any rules of the Historic Preservation Agency that relate to its powers, duties, rights, and responsibilities and are in full force on August 3, 2018 (the effective date of Public Act 100-695) shall become the rules of the Department of Natural Resources. Public Act 100-695 does not affect the legality of any of those rules in the Illinois Administrative Code. Any proposed rule filed with the Secretary of State by the Historic Preservation Agency that is pending in the rulemaking process on August 3, 2018 (the effective date of Public Act 100-695) and pertain to the powers, duties, rights, and responsibilities transferred, shall be deemed to have been filed by the Department of Natural Resources. As soon as practicable hereafter, the Department of Natural Resources shall revise and clarify the rules transferred to it under Public Act 100-695 to reflect the reorganization of powers, duties,
rights, and responsibilities affected by Public Act 100-695, using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained. On and after August 3, 2018 (the effective date of Public Act 100-695), the Department of Natural Resources may propose and adopt, under the Illinois Administrative Procedure Act, any other rules that relate to the functions of the Historic Preservation Agency transferred to and that will now be administered by the Department of Natural Resources.
(h) The transfer of powers, duties, rights, and responsibilities to the Department of Natural Resources under Public Act 100-695 does not affect any person's rights, obligations, or duties, including any civil or criminal penalties applicable, arising out of those transferred powers, duties, rights, and responsibilities.
(i) Public Act 100-695 does not affect any act done, ratified, or canceled, or any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal cause by the Historic Preservation Agency before August 3, 2018 (the effective date of Public Act 100-695); those actions or proceedings may be defended, prosecuted, or continued by the Department of Natural Resources.
(j) Public Act 100-695 does not contravene, and shall not be construed to contravene, any State statute except as provided in this Section or federal law.

(Source: P.A. 100-695, eff. 8-3-18; 101-81, eff. 7-12-19.)
 
(20 ILCS 3405/4)
Sec. 4. (Repealed).


(Source: P.A. 100-120, eff. 8-18-17. Repealed by P.A. 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 3405/4.6)
Sec. 4.6. Interagency collaboration. The Division of Historic Preservation of the Department and the Illinois State Museum shall collaborate and assist the Department in the exercise of all the rights, powers, and duties conferred upon the Department by this Act.

(Source: P.A. 102-1005, eff. 5-27-22.)
 
(20 ILCS 3405/5)
Sec. 5. (Repealed).


(Source: P.A. 92-600, eff. 7-1-02. Repealed by P.A. 100-695, eff. 8-3-18.)
 
(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.

(Source: P.A. 102-1005, eff. 5-27-22.)
 
(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 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:



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;
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;
Vandalia State House State Historic Site, Fayette County; and
Washburne House State Historic Site, Jo Daviess County.



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.



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.)
 
(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 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 3405/11) (from Ch. 127, par. 2711)
Sec. 11.
The Department
shall exercise all
rights, powers and duties
vested in the Department of Conservation by the "Illinois Historic
Preservation Act", approved August 14, 1976, as amended.

(Source: P.A. 102-1005, eff. 5-27-22.)
 
(20 ILCS 3405/12) (from Ch. 127, par. 2712)
Sec. 12.
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. 102-1005, eff. 5-27-22.)
 
(20 ILCS 3405/13) (from Ch. 127, par. 2713)
Sec. 13.
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 interests of the State.

(Source: P.A. 102-1005, eff. 5-27-22.)
 
(20 ILCS 3405/14) (from Ch. 127, par. 2714)
Sec. 14.
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. 102-1005, eff. 5-27-22.)
 
(20 ILCS 3405/15) (from Ch. 127, par. 2715)
Sec. 15.
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. 102-1005, eff. 5-27-22.)
 
(20 ILCS 3405/15.1) (from Ch. 127, par. 2715.1)
Sec. 15.1.
(Repealed).

(Source: P.A. 85-224. Repealed by 90-760, eff. 8-14-98.)
 
(20 ILCS 3405/16) (from Ch. 127, par. 2716)
Sec. 16. The Department
shall have the following
additional powers:
(Source: P.A. 102-1005, eff. 5-27-22.)
 
(20 ILCS 3405/17)
Sec. 17. (Repealed).


(Source: P.A. 92-600, eff. 7-1-02. Repealed by P.A. 100-120, eff. 8-18-17.)
 
(20 ILCS 3405/18) (from Ch. 127, par. 2718)
Sec. 18.
(Repealed).

(Source: P.A. 84-25. Repealed by P.A. 92-600, eff. 7-1-02.)
 
(20 ILCS 3405/19) (from Ch. 127, par. 2719)
Sec. 19.
Whenever personal property has been loaned to or deposited
with the Department and held more than 25 years and no person has made claim
upon the property, the property shall be deemed abandoned and shall become
the property of the Department. Provided, however, that in order to perfect
the title the Department must diligently seek to find the owner by writing to
the owner at the last known address by certified mail. If no claim is made
within 30 days of sending the certified letter, the Department shall publish in
the official State newspaper and in a local newspaper that distributes in
the area of owner's last known address a notice containing the name of the
owner, a description of the property, and the method of filing a claim. If
no person claims the property within 90 days after the advertisement is
published, title to the property vests in the Department.

(Source: P.A. 100-695, eff. 8-3-18.)
 
(20 ILCS 3405/20)
Sec. 20. (Repealed).


(Source: P.A. 94-793, eff. 5-19-06. Repealed by P.A. 99-576, eff. 7-15-16.)
 
(20 ILCS 3405/22)
Sec. 22. Amistad Commission.
(a) Purpose. The General Assembly finds and declares that all people should know of and remember the human carnage and dehumanizing atrocities committed during the period of the African slave trade and slavery in America and of the vestiges of slavery in this country; and it is in fact vital to educate our citizens on these events, the legacy of slavery, the sad history of racism in this country, and the principles of human rights and dignity in a civilized society.
It is the policy of the State of Illinois that the history of the African slave trade, slavery in America, the depth of their impact in our society, and the triumphs of African-Americans and their significant contributions to the development of this country is the proper concern of all people, particularly students enrolled in the schools of the State of Illinois.
It is therefore desirable to create a Commission that, as an organized body and on a continuous basis, will survey, design, encourage, and promote the implementation of education and awareness programs in Illinois that are concerned with the African slave trade, slavery in America, the vestiges of slavery in this country, and the contributions of African-Americans in building our country; to develop workshops, institutes, seminars, and other teacher training activities designed to educate teachers on this subject matter; and that will be responsible for the coordination of events on a regular basis, throughout the State, that provide appropriate memorialization of the events concerning the enslavement of Africans and their descendants in America and their struggle for freedom, liberty, and equality.
(b) Amistad Commission. The Amistad Commission is created within the Department. The Commission is named to honor the group of enslaved Africans transported in 1839 on a vessel named the Amistad who overthrew their captors and created an international incident that was eventually argued before the Supreme Court and that shed a growing light on the evils of the slave trade and galvanized a growing abolitionist movement towards demanding the end of slavery in the United States.
(c) Membership. The Commission shall consist of 15 members, including 3 ex officio members: the State Superintendent of Education or
his or her designee, the Director of Commerce and Economic Opportunity or his or her designee, and the Director or his or her designee; and 12 public
members. Public members shall be appointed as follows:
The public members shall be residents of this State, chosen with due regard to broad geographic representation and ethnic diversity, who have served actively in organizations that educate the public on the history of the African slave trade, the contributions of African-Americans to our society, and civil rights issues.
Each public member of the Commission shall serve for a term of 3 years, except that of the initial members so appointed: one member appointed by the President of the Senate, one member appointed by the Speaker of the House of Representatives, and 2 members appointed by the Governor shall serve for terms of one year; the member appointed by the Minority Leader of the Senate, one member appointed by the Speaker of the House of Representatives, and 2 members appointed by the Governor shall serve for terms of 2 years; and one member appointed by the President of the Senate, the member appointed by the Minority Leader of the House of Representatives, and 2 members appointed by the Governor shall serve for terms of 3 years. Public members shall be eligible for reappointment. They shall serve until their successors are appointed and qualified, and the term of the successor of any incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only.
(d) Election of chairperson; meetings. At its first meeting and annually thereafter, the Commission shall elect from among its members a chairperson and other officers it considers necessary or appropriate. After its first meeting, the Commission shall meet at least quarterly, or more frequently at the call of the chairperson or if requested by 9 or more members.
(e) Quorum. A majority of the members of the Commission constitute a quorum for the transaction of business at a meeting of the Commission. A majority of the members present and serving is required for official action of the Commission.
(f) Public meeting. All business that the Commission is authorized to perform shall be conducted at a public meeting of the Commission, held in compliance with the Open Meetings Act.
(g) Freedom of Information. A writing prepared, owned, used, in the possession of, or retained by the Commission in the performance of an official function is subject to the Freedom of Information Act.
(h) Compensation. The members of the Commission shall serve without compensation, but shall be entitled to reimbursement for all necessary expenses incurred in the performance of their official duties as members of the Commission from funds appropriated for that purpose. Reimbursement for travel, meals, and lodging shall be in accordance with the rules of the Governor's Travel Control Board.
(i) Duties. The Commission shall have the following responsibilities and duties:
(j) Commission requests for assistance. The Commission is authorized to call upon any department, office, division, or agency of the State, or of any county, municipality, or school district of the State, to supply such data, program reports, and other information, appropriate school personnel, and assistance as it deems necessary to discharge its responsibilities under this Act. These departments, offices, divisions, and agencies shall, to the extent possible and not inconsistent with any other law of this State, cooperate with the Commission and shall furnish it with such information, appropriate school personnel, and assistance as may be necessary or helpful to accomplish the purposes of this Act.
(k) State Board of Education assistance. The State Board of Education shall:
The State Board of Education may, subject to the availability of appropriations, hire additional staff and consultants to carry out the duties and responsibilities provided within this subsection (k).
(l) Report. The Commission shall report its activities and findings, as required under subsection (i), to the Governor and General Assembly on or before June 30, 2006, and biannually thereafter.


(Source: P.A. 100-695, eff. 8-3-18.)
 
(20 ILCS 3405/27)
Sec. 27. Former POWs; free admission. Every veteran who is a resident of Illinois and a former prisoner of war is exempt from all admission fees in museums that receive State funds. For the purposes of this Section, a former prisoner of war is a veteran who was taken and held prisoner by a hostile foreign force while participating in an armed conflict as a member of the United States Armed Forces. Any identification card or other form of identification issued by the Veterans' Administration or other governmental agency that indicates the card-holder's former prisoner of war status is sufficient to accord the card-holder the fee-exempt admission privileges under this Section.

(Source: P.A. 96-87, eff. 7-27-09.)
 
(20 ILCS 3405/28)
Sec. 28. Illinois Historic Sites Fund. All monies received for historic preservation programs administered by the Department, including grants, direct and indirect cost reimbursements, income from marketing activities, gifts, donations and bequests, from private organizations, individuals, other State agencies or federal agencies, monies received from publications, and copying and certification fees related to such programs, and all income from fees generated from admissions, special events, parking, camping, concession and property rental, shall be deposited into a special fund in the State treasury, to be known as the Illinois Historic Sites Fund, which is hereby created. Subject to appropriation, the monies in such fund shall be used by the Department for historic preservation purposes only.
The Illinois Historic Sites Fund is not subject to administrative charges or charge-backs, including but not limited to those authorized under Section 8h of the State Finance Act.

(Source: P.A. 101-81, eff. 7-12-19.)
 
(20 ILCS 3405/30)
Sec. 30. (Repealed).


(Source: P.A. 92-600, eff. 7-1-02. Repealed by P.A. 100-120, eff. 8-18-17.)
 
(20 ILCS 3405/31)
Sec. 31. (Repealed).


(Source: P.A. 92-600, eff. 7-1-02. Repealed by P.A. 100-120, eff. 8-18-17.)
 
(20 ILCS 3405/32)
Sec. 32. (Repealed).


(Source: P.A. 92-600, eff. 7-1-02. Repealed by P.A. 100-120, eff. 8-18-17.)
 
(20 ILCS 3405/33)
Sec. 33. (Repealed).


(Source: P.A. 92-600, eff. 7-1-02. Repealed by P.A. 100-120, eff. 8-18-17.)
 
(20 ILCS 3405/34)
Sec. 34. (Repealed).


(Source: P.A. 92-600, eff. 7-1-02. Repealed by P.A. 100-695, eff. 8-3-18.)
 
(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.)

Structure Illinois Compiled Statutes