HB4838ham001 103RD GENERAL ASSEMBLY

Rep. Laura Faver Dias

Filed: 4/8/2024

10300HB4838ham001 LRB103 36930 BDA 71994 a

AMENDMENT TO HOUSE BILL 4838

AMENDMENT NO. ______. Amend House Bill 4838 by replacing everything after the enacting clause with the following:

"Section 5. The Department of Natural Resources Act is amended by changing Sections 1-25, 20-5, 20-10, and 20-15 as follows:

(20 ILCS 801/1-25)

Sec. 1-25. Powers of the Illinois 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 and histories of the State and to prepare printed reports and furnish information fundamental to the conservation and development of natural resources, and, for that purpose and for the purpose of upholding federal requirements under the Native American Grave Protection and Repatriation Act, 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, with tribal nations, and with the United States Government.

(3) To cooperate with the Illinois State Academy of 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. This cooperation shall not grant any special rights, authority, or privileges to the Academy.

(4) To maintain a State Museum, and to collect and preserve objects of scientific, historic, and artistic value, representing past and present fauna and flora, the life and work of humankind man, geological history, natural resources, and the manufacturing and fine arts; to welcome visitors of all ages to the State Museum; and to interpret for and educate the public concerning the foregoing. The State Museum shall work with Native Americans to create an interpretation of Native American histories and art directed by tribal partners.

(5) At the sole discretion of the Department, the State Museum may To cooperate with the Illinois State Museum Society for the mutual benefit of the State Museum. This cooperation shall not grant any special rights, authority, or privileges to the Society. Upon 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 State Museum Director with the approval of the Board of State Museum Advisors and the Director of the Department, the State Museum may 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 State Museum and the Society. The State Museum may enter into agreements with the Society for programs at or outside the State Museum. The Society shall be solely responsible for its own budget and the preparation of the budget, its staff, its equipment, its supplies, and its programs.

(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 history and archaeological and natural phenomena and for the purpose of upholding Native American Grave Protection and Repatriation Act requirements.

(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 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. 102-1005, eff. 5-27-22.)

(20 ILCS 801/20-5)

Sec. 20-5. State Museum. The Department of Natural Resources shall have within it the office of the Illinois State Museum. The Board of the Illinois State Museum is retained as the governing board for the State Museum.

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)

(20 ILCS 801/20-10)

Sec. 20-10. Advisory Board of the Illinois State Museum.

(a) Within the Department there shall be an Advisory a Board of the Illinois State Museum. The Advisory Board shall be , composed of 11 persons who shall be appointed by the Governor with the advice and consent of the Senate. Any members appointed before July 1, 2026 shall serve the full term for which they were appointed, unless removed by the Governor. Beginning on July 1, 2026, 9 members shall have at least 5 years of experience practicing or teaching in , 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, history, or and business and shall be from diverse backgrounds and geographical locations across the State; and 2 members shall be representatives of community-based organizations, irrespective of background and experience. Beginning on July 1, 2026, the Board shall include 6 individuals from a historically marginalized identity , 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. All members appointed after January 1, 2025 shall serve for 2-year 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 Governor shall be entitled to remove any member due to incompetency, dereliction of duty, or malfeasance.

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 Advisory Board shall:

(1) advise the Director of the Department, or the Director's designee, in all matters pertaining to the maintenance, the extension, and the mission usefulness of the Illinois State Museum, including, but not limited to, the needs for capital development projects, assistance with long-term planning for the State Museum, and other large-scale operational changes, except that these matters shall be determined and shall be defined solely by the State Museum;

(2) make recommendations concerning the appointment of a new State Museum museum director whenever a vacancy occurs in that position, except that the Department shall have the sole authority to determine the process used to identify and employ a new State Museum director, including, but not limited to, the authority to determine how and when to involve or employ an individual or business to aid in conducting a search for interested and qualified candidates; to identify qualified candidates; to interview candidates; to make an offer of employment to the selected candidate; and to determine the compensation of the new State Museum Director; and

(3) (blank);

(4) review the budget of the Illinois State Museum and make recommendations to with reference thereto to the Governor through the Director of the Department.

(c) (Blank).

(Source: P.A. 102-303, eff. 1-1-22; 102-1005, eff. 5-27-22.)

(20 ILCS 801/20-15)

Sec. 20-15. Moneys collected by the Illinois State Museum Entrance fee. All moneys paid to, collected by, or donated to the State Museum The Department may set by administrative rule an entrance fee for visitors to the Illinois State Museum. The fee assessed by this Section shall be deposited into the Illinois State Museum Fund for the Department to use to support the Illinois State Museum. The moneys monies deposited into the Illinois State Museum Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act.

(Source: P.A. 97-1136, eff. 1-1-13.)

Section 99. Effective date. This Act takes effect upon becoming law.".