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Public Act 103-0835


 

Public Act 0835 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0835
 
HB4838 EnrolledLRB103 36930 JAG 67044 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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);and
        (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.

Effective Date: 8/9/2024