Rep. Laura Faver Dias

Filed: 4/8/2024





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2    AMENDMENT NO. ______. Amend House Bill 4838 by replacing
3everything after the enacting clause with the following:
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



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1    under the Native American Grave Protection and
2    Repatriation Act, the officers and employees thereof may,
3    pursuant to rule adopted by the Department, enter and
4    cross all lands in this State, doing no damage to private
5    property.
6        (2) To cooperate with and advise departments having
7    administrative powers and duties relating to the natural
8    resources of the State, and to cooperate with similar
9    departments in other states, with tribal nations, and with
10    the United States Government.
11        (3) To cooperate with the Illinois State Academy of
12    Science and to publish a suitable number of the results of
13    the investigations and research in the field of natural
14    science to the end that the same may be distributed to the
15    interested public. This cooperation shall not grant any
16    special rights, authority, or privileges to the Academy.
17        (4) To maintain a State Museum, and to collect and
18    preserve objects of scientific, historic, and artistic
19    value, representing past and present fauna and flora, the
20    life and work of humankind man, geological history,
21    natural resources, and the manufacturing and fine arts; to
22    welcome visitors of all ages to the State Museum; and to
23    interpret for and educate the public concerning the
24    foregoing. The State Museum shall work with Native
25    Americans to create an interpretation of Native American
26    histories and art directed by tribal partners.



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1        (5) At the sole discretion of the Department, the
2    State Museum may To cooperate with the Illinois State
3    Museum Society for the mutual benefit of the State Museum.
4    This cooperation shall not grant any special rights,
5    authority, or privileges to the Society. Upon and the
6    Society, with the Museum furnishing necessary space for
7    the Society to carry on its functions and keep its
8    records, and, upon the recommendation of the State Museum
9    Director with the approval of the Board of State Museum
10    Advisors and the Director of the Department, the State
11    Museum may to enter into agreements with the Illinois
12    State Museum Society for the operation of a sales counter
13    and other concessions for the mutual benefit of the State
14    Museum and the Society. The State Museum may enter into
15    agreements with the Society for programs at or outside the
16    State Museum. The Society shall be solely responsible for
17    its own budget and the preparation of the budget, its
18    staff, its equipment, its supplies, and its programs.
19        (6) To accept grants of property and to hold property
20    to be administered as part of the State Museum for the
21    purpose of preservation, research of interpretation of
22    significant areas within the State for the purpose of
23    preserving, studying, and interpreting history and
24    archaeological and natural phenomena and for the purpose
25    of upholding Native American Grave Protection and
26    Repatriation Act requirements.



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1        (7) To contribute to and support the operations,
2    programs and capital development of public museums in this
3    State. For the purposes of this Section, "public museum"
4    means a facility: (A) that is operating for the purposes
5    of promoting cultural development through special
6    activities or programs or through performing arts that are
7    performed in an indoor setting, and acquiring, conserving,
8    preserving, studying, interpreting, enhancing, and in
9    particular, organizing and continuously exhibiting
10    specimens, artifacts, articles, documents and other things
11    of historical, anthropological, archaeological,
12    industrial, scientific or artistic import, to the public
13    for its instruction and enjoyment, and (B) that either (i)
14    is operated by or located upon land owned by a unit of
15    local government or (ii) is a museum that has an annual
16    attendance of at least 150,000 and offers educational
17    programs to school groups during school hours. A museum is
18    eligible to receive funds for capital development under
19    this subdivision (7) only if it is operated by or located
20    upon land owned by a unit of local government or if it is
21    certified by a unit of local government in which it is
22    located as a public museum meeting the criteria of this
23    Section. Recipients of funds for capital development under
24    this subdivision (7) shall match State funds with local or
25    private funding according to the following:
26            (a) for a public museum with an attendance of



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1        300,000 or less during the preceding calendar year, no
2        match is required;
3            (b) for a public museum with an attendance of over
4        300,000 but less than 600,000 during the preceding
5        calendar year, the match must be at a ratio of $1 from
6        local and private funds for every $1 in State funds;
7        and
8            (c) for a public museum with an attendance of over
9        600,000 during the preceding calendar year, the match
10        must be at a ratio of $2 from local and private funds
11        for every $1 in State funds.
12        The Department shall formulate rules and regulations
13    relating to the allocation of any funds appropriated by
14    the General Assembly for the purpose of contributing to
15    the support of public museums in this State.
16        (8) To perform all other duties and assume all
17    obligations of the former Department of Energy and Natural
18    Resources and the former Department of Registration and
19    Education pertaining to the State Museum.
20        (9) To work in collaboration with the Division of
21    Historic Preservation of the Department in the exercise of
22    all the rights, powers, and duties conferred upon the
23    Department under the Historic Preservation Act.
24(Source: P.A. 102-1005, eff. 5-27-22.)
25    (20 ILCS 801/20-5)



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1    Sec. 20-5. State Museum. The Department of Natural
2Resources shall have within it the office of the Illinois
3State Museum. The Board of the Illinois State Museum is
4retained as the governing board for the State Museum.
5(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
6    (20 ILCS 801/20-10)
7    Sec. 20-10. Advisory Board of the Illinois State Museum.
8    (a) Within the Department there shall be an Advisory a
9Board of the Illinois State Museum. The Advisory Board shall
10be , composed of 11 persons who shall be appointed by the
11Governor with the advice and consent of the Senate. Any
12members appointed before July 1, 2026 shall serve the full
13term for which they were appointed, unless removed by the
14Governor. Beginning on July 1, 2026, 9 members shall have at
15least 5 years of experience practicing or teaching in , one of
16whom shall be a senior citizen age 60 or over. The Board shall
17be composed of 9 representatives of the natural sciences,
18anthropology, art, history, or and business and shall be from
19diverse backgrounds and geographical locations across the
20State; and 2 members shall be representatives of
21community-based organizations, irrespective of background and
22experience. Beginning on July 1, 2026, the Board shall include
236 individuals from a historically marginalized identity ,
24qualified by at least 10 years of experience in practicing or
25teaching their several professions; one senior citizen; and



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1the Director of Natural Resources or the Director's designee.
2All members appointed after January 1, 2025 shall serve for
32-year Members of the Board shall be appointed by the Governor
4with the advice and consent of the Senate and shall serve for
52-year terms. The Governor shall be entitled to remove any
6member due to incompetency, dereliction of duty, or
8    The transfer of the Board to the Department under this Act
9does not terminate or otherwise affect the term of membership
10of any member of the Board, except that the former Director of
11Energy and Natural Resources is replaced by the Director of
12Natural Resources.
13    (b) The Advisory Board shall:
14        (1) advise the Director of the Department, or the
15    Director's designee, in all matters pertaining to the
16    maintenance, the extension, and the mission usefulness of
17    the Illinois State Museum, including, but not limited to,
18    the needs for capital development projects, assistance
19    with long-term planning for the State Museum, and other
20    large-scale operational changes, except that these matters
21    shall be determined and shall be defined solely by the
22    State Museum;
23        (2) make recommendations concerning the appointment of
24    a new State Museum museum director whenever a vacancy
25    occurs in that position, except that the Department shall
26    have the sole authority to determine the process used to



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1    identify and employ a new State Museum director,
2    including, but not limited to, the authority to determine
3    how and when to involve or employ an individual or
4    business to aid in conducting a search for interested and
5    qualified candidates; to identify qualified candidates; to
6    interview candidates; to make an offer of employment to
7    the selected candidate; and to determine the compensation
8    of the new State Museum Director; and
9        (3) (blank);
10        (4) review the budget of the Illinois State Museum and
11    make recommendations to with reference thereto to the
12    Governor through the Director of the Department.
13    (c) (Blank).
14(Source: P.A. 102-303, eff. 1-1-22; 102-1005, eff. 5-27-22.)
15    (20 ILCS 801/20-15)
16    Sec. 20-15. Moneys collected by the Illinois State Museum
17Entrance fee. All moneys paid to, collected by, or donated to
18the State Museum The Department may set by administrative rule
19an entrance fee for visitors to the Illinois State Museum. The
20fee assessed by this Section shall be deposited into the
21Illinois State Museum Fund for the Department to use to
22support the Illinois State Museum. The moneys monies deposited
23into the Illinois State Museum Fund under this Section shall
24not be subject to administrative charges or chargebacks unless
25otherwise authorized by this Act.



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1(Source: P.A. 97-1136, eff. 1-1-13.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".