(20 ILCS 3475/1) Sec. 1. Short title. This Act may be cited as the Abraham Lincoln Presidential Library and Museum Act. (Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/5) Sec. 5. Definitions. As used in this Act: "Agency" means the Abraham Lincoln Presidential Library and Museum."Board" means the Board of Trustees of the Abraham Lincoln Presidential Library and Museum. "Executive Director" means the Executive Director of the Abraham Lincoln Presidential Library and Museum."Library" means the Abraham Lincoln Presidential Library."Museum" means the Abraham Lincoln Presidential Museum. (Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/10) Sec. 10. Abraham Lincoln Presidential Library and Museum; establishment. (a) The Abraham Lincoln Presidential Library and Museum, formerly a constituent unit of the Illinois Historic Preservation Agency, is created as an independent State agency within the Executive Branch of State government.(b) The Agency shall have control and custody of the Abraham Lincoln Presidential Library and Museum complex, including the Abraham Lincoln Presidential Library and Museum, the Abraham Lincoln Presidential Library and Museum's parking garage, Union Station, and Union Park, in Springfield.(c) The Agency shall be under the supervision and direction of the Executive Director of the Abraham Lincoln Presidential Library and Museum. (Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/15) Sec. 15. Board. There shall be a Board of Trustees of the Abraham Lincoln Presidential Library and Museum to set policy and advise the Abraham Lincoln Presidential Library and Museum and the Executive Director on programs related to the Abraham Lincoln Presidential Library and Museum and to exercise the powers and duties given to it under Section 25 of this Act. The Abraham Lincoln Presidential Library and Museum and the Abraham Lincoln Presidential Library Foundation shall mutually cooperate to maximize resources available to the Abraham Lincoln Presidential Library and Museum and to support, sustain, and provide educational programs and collections at the Abraham Lincoln Presidential Library and Museum. Any membership fees collected by the Abraham Lincoln Presidential Library Foundation may be used to support the Abraham Lincoln Presidential Library and Museum programs or collections at the Foundation's discretion. The terms of the mutual cooperation shall be set forth in a memorandum of understanding or similar written document for an agreed-upon term concluding on December 31st of a particular year and shall include, at a minimum, the following: (a) an authorization by the Agency for the Foundation

to operate, directly or through subcontractors, food service, catering service, and retail activities at the Abraham Lincoln Presidential Library and Museum with the net proceeds being made available by the Foundation to the Abraham Lincoln Presidential Library and Museum;

(b) a requirement that the Foundation annually

provide to the Office of the Governor and the General Assembly the following:

(1) any audit of the Foundation's financial

statements performed by an independent auditor;

(2) the most recent Form 990 federal tax return

filed by the Foundation with the Internal Revenue Service; and

(3) an annual report including income and

expenditures of funds raised as a result of the Foundation's operation, directly or through subcontractors, for food service, catering service, and retail activities at the Abraham Lincoln Presidential Library and Museum; and

(c) the establishment of a working group with 7

members, composed of 3 members of the Board and 3 members of the Board of Directors of the Foundation, with such members appointed by the respective chair of each board, together with the State Historian. The working group shall collaborate to advance the interests of the Agency and, as an initial responsibility, shall develop an official mission statement for the Agency which shall be presented to the Board and the Board of Directors of the Foundation for adoption and which shall serve to align and guide the efforts of both the Agency and the Foundation. Except for the State Historian, ex officio members of either board are not eligible to be appointed as members of the working group. The working group shall meet at least once each quarter and shall be chaired by the State Historian. The Foundation shall provide staff support to the working group to maintain attendance and other necessary records of the working group.

(Source: P.A. 100-120, eff. 8-18-17; 101-535, eff. 8-23-19.)

(20 ILCS 3475/20) Sec. 20. Composition of the Board. The Board of Trustees shall consist of 11 members to be appointed by the Governor, with the advice and consent of the Senate. The Board shall consist of members with the following qualifications:(1) One member shall have recognized knowledge and

ability in matters related to business administration.

(2) One member shall have recognized knowledge and

ability in matters related to the history of Abraham Lincoln.

(3) One member shall have recognized knowledge and

ability in matters related to the history of Illinois.

(4) One member shall have recognized knowledge and

ability in matters related to library and museum studies.

(5) One member shall have recognized knowledge and

ability in matters related to historic preservation.

(6) One member shall have recognized knowledge and

ability in matters related to cultural tourism.

(7) One member shall have recognized knowledge and

ability in matters related to conservation, digitization, and technological innovation.

The initial terms of office shall be designated by the Governor as follows: one member to serve for a term of one year, 2 members to serve for a term of 2 years, 2 members to serve for a term of 3 years, 2 members to serve for a term of 4 years, 2 members to serve for a term of 5 years, and 2 members to serve for a term of 6 years. Thereafter, all appointments shall be for a term of 6 years. The Governor shall appoint one of the members to serve as chairperson at the pleasure of the Governor.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 appropriated for that purpose.To facilitate communication and cooperation between the Agency and the Abraham Lincoln Presidential Library Foundation, the Foundation CEO shall serve as a non-voting, ex officio member of the Board. (Source: P.A. 100-120, eff. 8-18-17; 100-863, eff. 8-14-18.)

(20 ILCS 3475/25) Sec. 25. Powers and duties of the Board. The Board shall:(a) Set policies and establish programs for implementation in support of the mission and goals of the Agency.(b) Create and execute such seminars, symposia, or other conferences as may be necessary or advisable to the Agency.(c) Report annually to the Governor and the General Assembly on the status of the Agency and its programs.(d) Accept, hold, maintain, and administer, as trustee, property given in trust for education or historic purposes for the benefit of the people of the State of Illinois and dispose of any property under the terms of the instrument creating the trust.(e) Accept, hold, maintain, and administer donated property of historical significance, such as books, papers, records, and personal property of any kind, including electronic and digital property, pursuant to gifting instruments, agreements, or deeds of gift, including but not limited to the King Hostick Public Trust Fund, and enter into such agreements as may be necessary to carry out the Board's duties and responsibilities under this Section.(f) Lease concessions at the Library and Museum. All leases, for whatever period, shall be made subject to the written approval of the Governor's Office of Management and Budget. All concession leases extending for a period in excess of 10 years shall contain provisions for the Agency to participate, on a percentage basis, in the revenues generated by any concession operation.(g) Enforce the laws of the State and the rules of the Agency.(h) 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 Board is authorized to negotiate and approve agreements with the organizations and agencies for a portion of the moneys received from sales to be returned to the Agency for the furtherance of interpretative and restoration programs.(i) Accept offers of gifts, gratuities, or grants from the federal government, its agencies, or offices, or from any person, firm, or corporation.(j) Subject to the provisions of the Illinois Administrative Procedure Act, make reasonable rules as may be necessary to discharge the duties of the Agency.(k) Charge and collect admission fees and rental for access to and use of the facilities of the Library and Museum.(l) Operate a restaurant, cafe, or other food serving facility at the Museum or lease the operation of such a facility under reasonable terms and conditions, and provide vending services for food, beverages, or other products deemed necessary and proper, consistent with the purposes of the Library and Museum.(m) Engage in marketing activities designed to promote the Library and Museum. In undertaking these activities, the Board 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 and printing and manufacturing of new products, reproductions, and adaptations, copyright and trademark licensing and royalty agreements, and payment of applicable taxes. In addition, the Board shall have the authority to sell advertising in its publications and printed materials. (Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/30) Sec. 30. Administration of the Agency. The Agency shall be under the supervision and direction of an Executive Director. The person serving on the effective date of this Act as Library Director, as defined in Section 33 of the Historic Preservation Act, shall become the inaugural Executive Director on the effective date of this Act and shall serve as Executive Director until the expiration of his then-current term as Library Director. Thereafter, the Board shall appoint the Executive Director with the advice and consent of the Senate. The Executive Director shall serve at the pleasure of the Board for a term of 4 years. The Executive Director shall, subject to applicable provisions of law, execute and discharge the powers and duties of the Agency. The Executive Director shall have hiring power and shall appoint (a) a Library Facilities Operations Director; and (b) a Director of the Library. The Executive Director shall appoint those other employees of the Agency as he or she deems appropriate and shall fix the compensation of the Library Facilities Operations Director, the Director of the Library and other employees. The Executive Director may make provision to establish and collect admission and registration fees, operate a gift shop, and publish and sell educational and informational materials. (Source: P.A. 100-120, eff. 8-18-17; 100-695, eff. 8-3-18.)

(20 ILCS 3475/35) Sec. 35. State Historian; exchange historical records. The State Historian shall make all necessary rules, regulations, and bylaws not inconsistent with law to carry into effect the purposes of this Act and to procure from time to time as may be possible and practicable, at reasonable costs, all books, pamphlets, manuscripts, monographs, writings, and other material of historical interest and useful to the historian bearing upon the political, physical, religious, or social history of the State of Illinois from the earliest known period of time. The State Historian may, with the consent of the Board, exchange any books, pamphlets, manuscripts, records, or other materials which such library may acquire that are of no historical interest or for any reason are of no value to it, with any other library, school or historical society. The State Historian shall distribute volumes of the series known as the Illinois Historical Collections now in print, and to be printed, to all who may apply for same and who pay to the Library and Museum for such volumes an amount fixed by the State Historian sufficient to cover the expenses of printing and distribution of each volume received by such applicants. However, the State Historian shall have authority to furnish 25 of each of the volumes of the Illinois Historical Collections, free of charge, to each of the authors and editors of the Collections or parts thereof; to furnish, as in his or her discretion he or she deems necessary or desirable, a reasonable number of each of the volumes of the Collections without charge to archives, libraries, and similar institutions from which material has been drawn or assistance has been given in the preparation of such Collections, and to the officials thereof; and to furnish, as in his or her discretion he or she deems necessary or desirable, a reasonable number of each of the volumes of the Collections without charge to the University of Illinois Library and to instructors and officials of that University, and to public libraries in the State of Illinois. The State Historian may, with the consent of the Board, also make exchanges of the Historical Collections with any other library, school or historical society, and distribute volumes of the Collections for review purposes. (Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/40) Sec. 40. Illinois State Historian; appointment. The Executive Director, with the advice and consent of the Board, shall appoint the Illinois State Historian, who shall provide historical expertise, support, and service on civic engagement to educators and not-for-profit educational groups, including historical societies. The State Historian is the State's leading authority on the history of Illinois. (Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/45) Sec. 45. State Historian; historical records. The State Historian shall establish and supervise a program within the Agency designed to preserve as historical records selected past editions of newspapers of this State. Such editions shall be preserved in accordance with industry standards. The negatives of microphotographs and other materials shall be stored in a place provided by the Agency.The State Historian shall determine on the basis of historical value the various newspaper edition files which shall be preserved and shall arrange a schedule for such preservation. The State Historian shall supervise the making of arrangements for acquiring access to past edition files with the editors or publishers of the various newspapers. The method of microphotography to be employed in this program shall conform to the standards established pursuant to Section 17 of the State Records Act.Upon payment to the Agency of the required fee, any person or organization shall be supplied with any prints requested to be made from the newspapers and all records. The fee required shall be determined by the State Historian and shall be equal in amount to the costs incurred by the Agency in supplying the requested prints. (Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/50) Sec. 50. Gifts to the Illinois State Historical Library. Those programs, collections, and functions heretofore administered by the Illinois State Historical Library or the Historic Preservation Agency's Historical Library Division shall be administered by the Agency. All gifts made specifically to the Illinois State Historical Library shall remain at all times within the Agency. (Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/55) Sec. 55. State Historical Library. The rights, powers, and duties vested by law in the State Historical Library or any office, division, or bureau thereof are hereby transferred to the Abraham Lincoln Presidential Library and Museum. (Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/60) Sec. 60. Separation from the Historic Preservation Agency. On the effective date of this Act, all of the powers, duties, assets, liabilities, employees, contracts, property (real and personal), including any items formerly contained in the Illinois State Historical Library now presently held in the Abraham Lincoln Presidential Library and Museum, records, pending business, and unexpended appropriations of the Historic Preservation Agency related to the administration and enforcement of Sections 17, 32, and 33 of the Historic Preservation Act are transferred to the Agency created under this Act. The status and rights of the transferred employees, and the rights of the State of Illinois and its agencies, under the Personnel Code and applicable collective bargaining agreements or under any pension, retirement, or annuity plan are not affected (except as provided in Sections 14-110 and 18-127 of the Illinois Pension Code) by that transfer or by any other provision of this Act. (Source: P.A. 100-120, eff. 8-18-17; 100-695, eff. 8-3-18.)

(20 ILCS 3475/65) Sec. 65. Rulemaking authority. The Agency may adopt rules in contravention of this Act in order to comply with federal laws or regulations that apply to Presidential Libraries administered by the Office of Presidential Libraries under the National Archives and Records Administration, including, but not limited to, 44 U.S.C. 21, 44 U.S.C. 22, and 36 CFR 1270. (Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/70) Sec. 70. (Amendatory provisions; text omitted). (Source: P.A. 100-120, eff. 8-18-17; text omitted.)

(20 ILCS 3475/75) Sec. 75. The Historic Preservation Agency Act is amended by repealing Sections 17, 30, 31, 32, and 33. (Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/80) Sec. 80. (Amendatory provisions; text omitted). (Source: P.A. 100-120, eff. 8-18-17; text omitted.)

(20 ILCS 3475/85) Sec. 85. (Amendatory provisions; text omitted). (Source: P.A. 100-120, eff. 8-18-17; text omitted.)

(20 ILCS 3475/90) Sec. 90. The State Historical Library Act is amended by repealing Section 4. (Source: P.A. 100-120, eff. 8-18-17.)

(20 ILCS 3475/95) Sec. 95. (Amendatory provisions; text omitted). (Source: P.A. 100-120, eff. 8-18-17; text omitted.)

(20 ILCS 3475/100) Sec. 100. (Amendatory provisions; text omitted). (Source: P.A. 100-120, eff. 8-18-17; text omitted.)

(20 ILCS 3475/105) Sec. 105. (Amendatory provisions; text omitted). (Source: P.A. 100-120, eff. 8-18-17; text omitted.)

(20 ILCS 3475/900) Sec. 900. Effective date. This Act takes effect upon becoming law. (Source: P.A. 100-120, eff. 8-18-17.)