103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3585

 

Introduced 2/9/2024, by Sen. Meg Loughran Cappel

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 801/1-25
20 ILCS 801/20-5
20 ILCS 801/20-10
20 ILCS 801/20-15

    Amends the Department of Natural Resources Act. Authorizes the Illinois State Museum to cooperate with the Illinois State Academy of Science and the Illinois State Museum Society, but the cooperation does not grant any special rights, authority, or privileges to the Academy or Society. Deletes the Board of the Illinois State Museum Society as the governing board and replaces it with the Department of Natural Resources. Changes the makeup of the Board as follows: The Board shall be composed of 11 persons who shall be appointed by the Governor. Any members appointed before July 1, 2026 shall serve the full term for which they were appointed, unless removed by the Governor. On or after July 1, 2026, nine members shall have at least five years of experience practicing or teaching in natural sciences, anthropology, art, history or business, and shall be from diverse backgrounds and geographical locations across the State of Illinois and two members shall be representatives of community-based organizations, irrespective of background and experience. Starting on July 1, 2026, the makeup of the Board shall consist of six individuals from a historically marginalized identity. All members appointed after January 1, 2025 shall serve for two-year terms. The Governor shall be entitled to remove any member due to incompetency, dereliction of duty or malfeasance. Makes other changes. Effective immediately.


LRB103 37067 JRC 67185 b

 

 

A BILL FOR

 

SB3585LRB103 37067 JRC 67185 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
6follows:
 
7    (20 ILCS 801/1-25)
8    Sec. 1-25. Illinois Powers of the State Museum (State
9Museum). In addition to its other powers and duties, the
10Department shall have the following powers and duties which
11shall be performed by 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 the
16    officers and employees thereof may, pursuant to rule
17    adopted by the Department, enter and cross all lands in
18    this State, doing no damage to private property and for
19    purposes of upholding federal requirements under the
20    Native American Grave Protection and Repatriation Act
21    (NAGPRA).
22        (2) To cooperate with and advise departments having
23    administrative powers and duties relating to the natural

 

 

SB3585- 2 -LRB103 37067 JRC 67185 b

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

 

 

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1    for the Society to carry on its functions and keep its
2    records, and, upon the recommendation of the State Museum
3    Director with the approval of the Board of State Museum
4    Advisors and the Director of the Department, the State
5    Museum may to enter into agreements with the Illinois
6    State Museum Society for the operation of a sales counter
7    and other concessions for the mutual benefit of the State
8    Museum and the Society. The State Museum may enter into
9    agreements with the Society for programs at or outside the
10    State Museum. The Society shall be solely responsible for
11    its own budget (and the preparation thereof), staff,
12    equipment, supplies, and programs.
13        (6) To accept grants of property and to hold property
14    to be administered as part of the State Museum for the
15    purpose of preservation, research of interpretation of
16    significant areas within the State for the purpose of
17    preserving, studying and interpreting archaeological and
18    natural phenomena, history, and upholding NAGPRA
19    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,

 

 

SB3585- 4 -LRB103 37067 JRC 67185 b

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

 

 

SB3585- 5 -LRB103 37067 JRC 67185 b

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. Board of the Illinois State Museum.
2    (a) Within the Department there shall be an Advisory a
3Board (Board) of the Illinois State Museum. The Board shall be
4, composed of 11 persons who shall be appointed by the
5Governor. Any members appointed before July 1, 2026 shall
6serve the full term for which they were appointed, unless
7removed by the Governor. On or after July 1, 2026, 9 members
8shall have at least 5 years of experience practicing or
9teaching in , one of whom shall be a senior citizen age 60 or
10over. The Board shall be composed of 9 representatives of the
11natural sciences, anthropology, art, history or and business,
12and shall be from diverse backgrounds and geographical
13locations across the State of Illinois and 2 members shall be
14representatives of community-based organizations,
15irrespective of background and experience. Starting on July 1,
162026, the makeup of the Board shall consist of 6 individuals
17from a historically marginalized identity. All members
18appointed after January 1, 2025 shall serve for 2-year terms.
19The Governor shall be entitled to remove any member due to
20incompetency, dereliction of duty or malfeasance qualified by
21at least 10 years of experience in practicing or teaching
22their several professions; one senior citizen; and the
23Director of Natural Resources or the Director's designee.
24Members of the Board shall be appointed by the Governor with
25the advice and consent of the Senate and shall serve for 2-year
26terms.

 

 

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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 Board shall:
7        (1) advise the Director of the Department, or the
8    Director's designee, in all matters pertaining to
9    maintenance, extension and mission usefulness of the
10    Illinois State Museum, including but not limited to the
11    needs for capital development projects, assisting with
12    long-term planning for the State Museum, and other large
13    scale operational changes, provided that such matters
14    shall be determined and defined solely by the State
15    Museum;
16        (2) make advisory recommendations concerning the
17    appointment of a new State Museum museum director whenever
18    a vacancy occurs in that position, provided that the
19    Department shall have the sole authority to determine the
20    process used to identify and employ a new State Museum
21    Director, including but not limited to: (1) determining
22    how and when to involve or employ an individual or
23    business to aid in conducting a search for interested and
24    qualified individuals; (2) identifying qualified
25    individuals; (3) interviewing said individuals; (4) making
26    an offer of employment to the selected individual; and (5)

 

 

SB3585- 8 -LRB103 37067 JRC 67185 b

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