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.