20 ILCS 3405/3.1 — Illinois Code / Chapter 20 / Act 3405 / Section 3.1
Section 3.1
Status: in_force

(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.)