HB4838 EngrossedLRB103 36930 JAG 67044 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Natural Resources Act is
5amended by changing Sections 1-25, 20-5, 20-10, and 20-15 as
7    (20 ILCS 801/1-25)
8    Sec. 1-25. Powers of the Illinois State Museum. In
9addition to its other powers and duties, the Department shall
10have the following powers and duties which shall be performed
11by the State Museum:
12        (1) To investigate and study the natural resources and
13    histories of the State and to prepare printed reports and
14    furnish information fundamental to the conservation and
15    development of natural resources, and, for that purpose
16    and for the purpose of upholding federal requirements
17    under the Native American Grave Protection and
18    Repatriation Act, the officers and employees thereof may,
19    pursuant to rule adopted by the Department, enter and
20    cross all lands in this State, doing no damage to private
21    property.
22        (2) To cooperate with and advise departments having
23    administrative powers and duties relating to the natural



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1    resources of the State, and to cooperate with similar
2    departments in other states, with tribal nations, and with
3    the United States Government.
4        (3) To cooperate with the Illinois State Academy of
5    Science and to publish a suitable number of the results of
6    the investigations and research in the field of natural
7    science to the end that the same may be distributed to the
8    interested public. This cooperation shall not grant any
9    special rights, authority, or privileges to the Academy.
10        (4) To maintain a State Museum, and to collect and
11    preserve objects of scientific, historic, and artistic
12    value, representing past and present fauna and flora, the
13    life and work of humankind man, geological history,
14    natural resources, and the manufacturing and fine arts; to
15    welcome visitors of all ages to the State Museum; and to
16    interpret for and educate the public concerning the
17    foregoing. The State Museum shall work with Native
18    Americans to create an interpretation of Native American
19    histories and art directed by tribal partners.
20        (5) At the sole discretion of the Department, the
21    State Museum may To cooperate with the Illinois State
22    Museum Society for the mutual benefit of the State Museum.
23    This cooperation shall not grant any special rights,
24    authority, or privileges to the Society. Upon and the
25    Society, with the Museum furnishing necessary space for
26    the Society to carry on its functions and keep its



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1    records, and, upon the recommendation of the State Museum
2    Director with the approval of the Board of State Museum
3    Advisors and the Director of the Department, the State
4    Museum may to enter into agreements with the Illinois
5    State Museum Society for the operation of a sales counter
6    and other concessions for the mutual benefit of the State
7    Museum and the Society. The State Museum may enter into
8    agreements with the Society for programs at or outside the
9    State Museum. The Society shall be solely responsible for
10    its own budget and the preparation of the budget, its
11    staff, its equipment, its supplies, and its programs.
12        (6) To accept grants of property and to hold property
13    to be administered as part of the State Museum for the
14    purpose of preservation, research of interpretation of
15    significant areas within the State for the purpose of
16    preserving, studying, and interpreting history and
17    archaeological and natural phenomena and for the purpose
18    of upholding Native American Grave Protection and
19    Repatriation Act requirements.
20        (7) To contribute to and support the operations,
21    programs and capital development of public museums in this
22    State. For the purposes of this Section, "public museum"
23    means a facility: (A) that is operating for the purposes
24    of promoting cultural development through special
25    activities or programs or through performing arts that are
26    performed in an indoor setting, and acquiring, conserving,



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1    preserving, studying, interpreting, enhancing, and in
2    particular, organizing and continuously exhibiting
3    specimens, artifacts, articles, documents and other things
4    of historical, anthropological, archaeological,
5    industrial, scientific or artistic import, to the public
6    for its instruction and enjoyment, and (B) that either (i)
7    is operated by or located upon land owned by a unit of
8    local government or (ii) is a museum that has an annual
9    attendance of at least 150,000 and offers educational
10    programs to school groups during school hours. A museum is
11    eligible to receive funds for capital development under
12    this subdivision (7) only if it is operated by or located
13    upon land owned by a unit of local government or if it is
14    certified by a unit of local government in which it is
15    located as a public museum meeting the criteria of this
16    Section. Recipients of funds for capital development under
17    this subdivision (7) shall match State funds with local or
18    private funding according to the following:
19            (a) for a public museum with an attendance of
20        300,000 or less during the preceding calendar year, no
21        match is required;
22            (b) for a public museum with an attendance of over
23        300,000 but less than 600,000 during the preceding
24        calendar year, the match must be at a ratio of $1 from
25        local and private funds for every $1 in State funds;
26        and



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1            (c) for a public museum with an attendance of over
2        600,000 during the preceding calendar year, the match
3        must be at a ratio of $2 from local and private funds
4        for every $1 in State funds.
5        The Department shall formulate rules and regulations
6    relating to the allocation of any funds appropriated by
7    the General Assembly for the purpose of contributing to
8    the support of public museums in this State.
9        (8) To perform all other duties and assume all
10    obligations of the former Department of Energy and Natural
11    Resources and the former Department of Registration and
12    Education pertaining to the State Museum.
13        (9) To work in collaboration with the Division of
14    Historic Preservation of the Department in the exercise of
15    all the rights, powers, and duties conferred upon the
16    Department under the Historic Preservation Act.
17(Source: P.A. 102-1005, eff. 5-27-22.)
18    (20 ILCS 801/20-5)
19    Sec. 20-5. State Museum. The Department of Natural
20Resources shall have within it the office of the Illinois
21State Museum. The Board of the Illinois State Museum is
22retained as the governing board for the State Museum.
23(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
24    (20 ILCS 801/20-10)



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1    Sec. 20-10. Advisory Board of the Illinois State Museum.
2    (a) Within the Department there shall be an Advisory a
3Board of the Illinois State Museum. The Advisory Board shall
4be , composed of 11 persons who shall be appointed by the
5Governor with the advice and consent of the Senate. Any
6members appointed before July 1, 2026 shall serve the full
7term for which they were appointed, unless removed by the
8Governor. Beginning on July 1, 2026, 9 members shall have at
9least 5 years of experience practicing or teaching in , one of
10whom shall be a senior citizen age 60 or over. The Board shall
11be composed of 9 representatives of the natural sciences,
12anthropology, art, history, or and business and shall be from
13diverse backgrounds and geographical locations across the
14State; and 2 members shall be representatives of
15community-based organizations, irrespective of background and
16experience. Beginning on July 1, 2026, the Board shall include
176 individuals from a historically marginalized identity ,
18qualified by at least 10 years of experience in practicing or
19teaching their several professions; one senior citizen; and
20the Director of Natural Resources or the Director's designee.
21All members appointed after January 1, 2025 shall serve for
222-year Members of the Board shall be appointed by the Governor
23with the advice and consent of the Senate and shall serve for
242-year terms. The Governor shall be entitled to remove any
25member due to incompetency, dereliction of duty, or



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1    The transfer of the Board to the Department under this Act
2does not terminate or otherwise affect the term of membership
3of any member of the Board, except that the former Director of
4Energy and Natural Resources is replaced by the Director of
5Natural Resources.
6    (b) The Advisory Board shall:
7        (1) advise the Director of the Department, or the
8    Director's designee, in all matters pertaining to the
9    maintenance, the extension, and the mission usefulness of
10    the Illinois State Museum, including, but not limited to,
11    the needs for capital development projects, assistance
12    with long-term planning for the State Museum, and other
13    large-scale operational changes, except that these matters
14    shall be determined and shall be defined solely by the
15    State Museum;
16        (2) make recommendations concerning the appointment of
17    a new State Museum museum director whenever a vacancy
18    occurs in that position, except that the Department shall
19    have the sole authority to determine the process used to
20    identify and employ a new State Museum director,
21    including, but not limited to, the authority to determine
22    how and when to involve or employ an individual or
23    business to aid in conducting a search for interested and
24    qualified candidates; to identify qualified candidates; to
25    interview candidates; to make an offer of employment to
26    the selected candidate; and to determine the compensation



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1    of the new State Museum Director; and
2        (3) (blank);and
3        (4) review the budget of the Illinois State Museum and
4    make recommendations to with reference thereto to the
5    Governor through the Director of the Department.
6    (c) (Blank).
7(Source: P.A. 102-303, eff. 1-1-22; 102-1005, eff. 5-27-22.)
8    (20 ILCS 801/20-15)
9    Sec. 20-15. Moneys collected by the Illinois State Museum
10Entrance fee. All moneys paid to, collected by, or donated to
11the State Museum The Department may set by administrative rule
12an entrance fee for visitors to the Illinois State Museum. The
13fee assessed by this Section shall be deposited into the
14Illinois State Museum Fund for the Department to use to
15support the Illinois State Museum. The moneys monies deposited
16into the Illinois State Museum Fund under this Section shall
17not be subject to administrative charges or chargebacks unless
18otherwise authorized by this Act.
19(Source: P.A. 97-1136, eff. 1-1-13.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.