20 ILCS 801/ Department of Natural Resources Act.

(20 ILCS 801/Art. 1 heading) ARTICLE 1. GENERAL PROVISIONS

(20 ILCS 801/1-1)

Sec. 1-1. Short title. This Act may be cited as the Department of Natural Resources Act.

(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)

(20 ILCS 801/1-5)

Sec. 1-5. Purpose. It is the purpose of this Act to change the name of the Department of Conservation to the Department of Natural Resources and to transfer to it various rights, powers, duties, and functions of the Department of Energy and Natural Resources, the Department of Mines and Minerals, the Abandoned Mined Lands Reclamation Council, and the Division of Water Resources of the Department of Transportation. This Act also transfers certain recycling, energy, and oil overcharge functions of the Department of Energy and Natural Resources to the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) and certain functions of the Department of Conservation related to the Lincoln Monument to the Historic Preservation Agency. This Act consolidates and centralizes the programs and services now offered to citizens by these governmental bodies, resulting in more effective operation of these programs and services.

(Source: P.A. 94-793, eff. 5-19-06.)

(20 ILCS 801/1-10)

Sec. 1-10. Definitions. For the purposes of this Act, unless the context otherwise requires:

"Department" means the Department of Natural Resources.

"Director" means the Director of Natural Resources.

(Source: P.A. 89-445, eff. 2-7-96.)

(20 ILCS 801/1-15)

(Text of Section before amendment by P.A. 103-923)

Sec. 1-15. General powers and duties.

(a) It shall be the duty of the Department to investigate practical problems, implement studies, conduct research and provide assistance, information and data relating to the technology and administration of the natural history, entomology, zoology, and botany of this State; the geology and natural resources of this State; the water and atmospheric resources of this State; and the archeological and cultural history of this State.

(b) The Department (i) shall obtain, store, and process relevant data; recommend technological, administrative, and legislative changes and developments; cooperate with other federal, state, and local governmental research agencies, facilities, or institutes in the selection of projects for study; cooperate with the Board of Higher Education and with the public and private colleges and universities in this State in developing relevant interdisciplinary approaches to problems; and evaluate curricula at all levels of education and provide assistance to instructors and (ii) may sponsor an annual conference of leaders in government, industry, health, and education to evaluate the state of this State's environment and natural resources.

(c) The Director, in accordance with the Personnel Code, shall employ such personnel, provide such facilities, and contract for such outside services as may be necessary to carry out the purposes of the Department. Maximum use shall be made of existing federal and state agencies, facilities, and personnel in conducting research under this Act.

(c-5) The Department may use the services of, and enter into necessary agreements with, outside entities for the purpose of evaluating grant applications and for the purpose of administering or monitoring compliance with grant agreements. Contracts under this subsection shall not exceed 2 years in length.

(d) In addition to its other powers, the Department has the following powers:

(1) To obtain, store, process, and provide data and information related to the powers and duties of the Department under this Act. This subdivision (d)(1) does not give authority to the Department to require reports from nongovernmental sources or entities.

(2) To cooperate with and support the Illinois Science and Technology Advisory Committee and the Illinois Coalition for the purpose of facilitating the effective operations and activities of such entities. Support may include, but need not be limited to, providing space for the operations of the Committee and the Illinois Coalition.

(e) The Department is authorized to make grants to local not-for-profit organizations for the purposes of development, maintenance and study of wetland areas.

(f) The Department has the authority to accept, receive and administer on behalf of the State any gifts, bequests, donations, income from property rental and endowments. Any such funds received by the Department shall be deposited into the DNR Special Projects Fund, a trust fund in the State treasury, and used for the purposes of this Act or, when appropriate, for such purposes and under such restrictions, terms and conditions as are predetermined by the donor or grantor of such funds or property. Any accrued interest from money deposited into the DNR Special Projects Fund shall be reinvested into the Fund and used in the same manner as the principal. The Director shall maintain records which account for and assure that restricted funds or property are disbursed or used pursuant to the restrictions, terms or conditions of the donor.

(g) The Department shall recognize, preserve, and promote our special heritage of recreational hunting and trapping by providing opportunities to hunt and trap in accordance with the Wildlife Code.

(h) Within 5 years after the effective date of this amendatory Act of the 102nd General Assembly, the Department shall fly a United States Flag, an Illinois flag, and a POW/MIA flag at all State parks. Donations may be made by groups and individuals to the DNR Special Projects Fund for costs related to the implementation of this subsection.

(Source: P.A. 102-388, eff. 1-1-22; 102-699, eff. 4-19-22; 103-363, eff. 7-28-23.)

(Text of Section after amendment by P.A. 103-923)

Sec. 1-15. General powers and duties.

(a) It shall be the duty of the Department to investigate practical problems, implement studies, conduct research and provide assistance, information and data relating to the technology and administration of the natural history, entomology, zoology, and botany of this State; the geology and natural resources of this State; the water and atmospheric resources of this State; and the archeological and cultural history of this State.

(b) The Department (i) shall obtain, store, and process relevant data; recommend technological, administrative, and legislative changes and developments; cooperate with other federal, state, and local governmental research agencies, facilities, or institutes in the selection of projects for study; cooperate with the Board of Higher Education and with the public and private colleges and universities in this State in developing relevant interdisciplinary approaches to problems; and evaluate curricula at all levels of education and provide assistance to instructors and (ii) may sponsor an annual conference of leaders in government, industry, health, and education to evaluate the state of this State's environment and natural resources.

(c) The Director, in accordance with the Personnel Code, shall employ such personnel, provide such facilities, and contract for such outside services as may be necessary to carry out the purposes of the Department. Maximum use shall be made of existing federal and state agencies, facilities, and personnel in conducting research under this Act.

(c-5) The Department may use the services of, and enter into necessary agreements with, outside entities for the purpose of evaluating grant applications and for the purpose of administering or monitoring compliance with grant agreements. Contracts under this subsection shall not exceed 5 years, without an executed extension.

(d) In addition to its other powers, the Department has the following powers:

(1) To obtain, store, process, and provide data and information related to the powers and duties of the Department under this Act. This subdivision (d)(1) does give authority to the Department to require reports from nongovernmental sources or entities.

(2) To cooperate with and support the Illinois Science and Technology Advisory Committee and the Illinois Coalition for the purpose of facilitating the effective operations and activities of such entities. Support may include, but need not be limited to, providing space for the operations of the Committee and the Illinois Coalition.

(e) The Department is authorized to make grants to local not-for-profit organizations for the purposes of development, management, maintenance, and study of wetland areas, forests, prairies, and other landscapes demonstrated to reduce the impact of climate change.

(f) The Department has the authority to accept, receive and administer on behalf of the State any gifts, bequests, donations, income from property rental and endowments. Any such funds received by the Department shall be deposited into the DNR Special Projects Fund, a trust fund in the State treasury, and used for the purposes of this Act or, when appropriate, for such purposes and under such restrictions, terms and conditions as are predetermined by the donor or grantor of such funds or property. Any accrued interest from money deposited into the DNR Special Projects Fund shall be reinvested into the Fund and used in the same manner as the principal. The Director shall maintain records which account for and assure that restricted funds or property are disbursed or used pursuant to the restrictions, terms or conditions of the donor.

(g) The Department shall recognize, preserve, and promote our special heritage of recreational hunting and trapping by providing opportunities to hunt and trap in accordance with the Wildlife Code.

(h) Within 5 years after the effective date of this amendatory Act of the 102nd General Assembly, the Department shall fly a United States Flag, an Illinois flag, and a POW/MIA flag at all State parks. Donations may be made by groups and individuals to the DNR Special Projects Fund for costs related to the implementation of this subsection.

(Source: P.A. 102-388, eff. 1-1-22; 102-699, eff. 4-19-22; 103-363, eff. 7-28-23; 103-923, eff. 1-1-25.)

(20 ILCS 801/1-17)

Sec. 1-17. Licenses; privacy protection.

(a) For purposes of this Section, "license" means a license required under Article 3 of the Wildlife Code or under Article 20 of the Fish and Aquatic Life Code.

(b) As soon as practicable, the Department must assign a customer identification number to each applicant for a license. After the applicant has been assigned a customer identification number, the applicant may use that customer identification number in place of his or her social security number on any subsequent application for a license. The Department must keep a record of the social security number of each applicant. The Department shall notify the applicant that his or her social security number is kept on file with the Department.

(c) A licensee's social security number shall not appear on the face of his or her license.

(d) The Department shall offer to each successful purchaser of a hunting license that was obtained by online purchase and issued pursuant to the Wildlife Code the opportunity to be redirected to the First Person Consent organ and tissue donor registry website maintained by the Secretary of State under Section 6-117 of the Illinois Vehicle Code.

(Source: P.A. 102-950, eff. 1-1-23.)

(20 ILCS 801/1-20)

(Text of Section before amendment by P.A. 103-865)

Sec. 1-20. Real property. The Department has the power:

(a) To transfer jurisdiction of any realty under the control of the Department to any other Department of the State Government, or to any authority, commission or other agency of the State, and to acquire or accept federal lands, when such transfer, acquisition or acceptance is advantageous to the State and is approved in writing by the Governor.

(b) To lease, from time to time, any land or property, with or without appurtenances, of which the Department has jurisdiction, and which are not immediately to be used or developed by the State; provided that no such lease be for a longer period of time than that in which it can reasonably be expected the State will not have use for such property, and further provided that no such lease be for a longer period of time than 5 years.

(Source: P.A. 89-445, eff. 2-7-96.)

(Text of Section after amendment by P.A. 103-865)

Sec. 1-20. Real property. The Department has the power:

(a) To transfer jurisdiction of any realty under the control of the Department to any other Department of the State Government, or to any authority, commission or other agency of the State, and to acquire or accept federal lands, when such transfer, acquisition or acceptance is advantageous to the State and is approved in writing by the Governor.

(b) To lease, from time to time, any land or property, with or without appurtenances, of which the Department has jurisdiction, and which are not immediately to be used or developed by the State; provided that no such lease be for a longer period of time than that in which it can reasonably be expected the State will not have use for such property, and further provided that no such lease be for a longer period of time than 10 years.

(c) To lease any land or property over which the Department has jurisdiction for the purpose of creating, operating, or maintaining a commercial solar energy system, as defined in Section 10-720 of the Property Tax Code, or a clean energy project, as defined in the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. A lease under this subsection (c) shall not be for a period longer than 40 years. The Department shall competitively bid any project authorized pursuant to this subsection (c) pursuant to the requirements of Section 20-15 and subsections (c) and (f) of Section 20-10 of the Illinois Procurement Code. No person or business shall submit specifications to the Department pursuant to this subsection (c) unless requested to do so by an employee of the State. No person or business who contracts with a State agency to write specifications for any project pursuant to this subsection (c) shall submit a bid or proposal, review or evaluate any prospective proposals from the competitive bidding process, or receive a contract for any project issued pursuant to this subsection (c). If practical, the Department shall require that any land or property over which the Department has jurisdiction and that is used for the purpose of creating, operating, or maintaining a commercial solar energy system shall have implemented on it and maintained management practices that would qualify the land or property as a beneficial habitat under the Pollinator-Friendly Solar Site Act. The Department shall prioritize commercial solar energy system sites based on their suitability and economic feasibility for solar use. The Department shall then prioritize commercial solar energy system sites with a significant history of disturbance, such as former strip mines or previously developed sites. The Department may consider any land use that is lost from the installation of a commercial solar energy system in making a determination regarding the suitability of a site. At least 60 days before entering into a lease for a commercial solar energy system under this subsection (c), the Department shall post in the Illinois Register and on the Department's website notice of the Department's intent to enter into the lease and shall provide a copy of the notice to a municipality if the leased area is located within the borders of the municipality. The notice shall include the specific location and size of the proposed commercial solar energy system. The Department shall consider and respond to all public comments regarding the posting that are received by the Department within 30 days of the posting.

(Source: P.A. 103-865, eff. 1-1-25.)

(20 ILCS 801/1-23)

Sec. 1-23. Joel D. Brunsvold Building. The Illinois Department of Natural Resources Building located at One Natural Resources Way in Springfield, Illinois shall be known as the Joel D. Brunsvold Building.

(Source: P.A. 96-1545, eff. 3-10-11.)

(20 ILCS 801/1-25)

Sec. 1-25. 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, 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 cooperate with the Illinois State Museum Society for the benefit of the State Museum. This cooperation shall not grant any special rights, authority, or privileges to the Society. Upon the recommendation of the State Museum Director with the approval of the Director of the Department, the State Museum may enter into agreements with the Society for the operation of a sales counter and other concessions for the 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; 103-835, eff. 8-9-24.)

(20 ILCS 801/1-30)

Sec. 1-30. Badges. The Director must authorize to each Conservation Police Officer and to any other employee of the Department exercising the powers of a peace officer a distinct badge that, on its face, (i) clearly states that the badge is authorized by the Department and (ii) contains a unique identifying number. No other badge shall be authorized by the Department. Nothing in this Section prohibits the Director from issuing shields or other distinctive identification to employees not exercising the powers of a peace officer if the Director determines that a shield or distinctive identification is needed by the employee to carry out his or her responsibilities.

(Source: P.A. 95-331, eff. 8-21-07.)

(20 ILCS 801/1-35)

Sec. 1-35. Aquifer study. The Department shall conduct a study to (i) develop an understanding of the geology of each aquifer in the State; (ii) determine the groundwater flow through the geologic units and the interaction of the groundwater with surface waters; (iii) analyze current groundwater withdrawals; and (iv) determine the chemistry of the geologic units and the groundwater in those units. Based upon information obtained from the study, the Department shall develop geologic and groundwater flow models for each underground aquifer in the State showing the impact of adding future wells or of future groundwater withdrawals.

(Source: P.A. 95-331, eff. 8-21-07.)

(20 ILCS 801/1-40)

Sec. 1-40. Adeline Jay Geo-Karis Illinois Beach Marina; maintenance. The Department shall formulate and implement a 10-year program for the maintenance and reconstruction of the Adeline Jay Geo-Karis Illinois Beach Marina. The program shall be in place no later than January 1, 2008, and shall be known as the Adeline Jay Geo-Karis Illinois Beach Marina Program.

(Source: P.A. 95-522, eff. 8-28-07.)

(20 ILCS 801/1-45)

Sec. 1-45. Report on transfer of the powers and duties of the Historic Preservation Agency to the Department. The Department of Natural Resources shall, on or before December 31, 2018 and annually thereafter for 3 calendar years, provide a report to the General Assembly that includes an analysis of the effect the transfer of the powers and duties from the Historic Preservation Agency to the Department under this amendatory Act of the 100th General Assembly had on State government and State taxpayers. The report shall also include recommendations for further legislation relating to the implementation of the reorganization. A copy of each report shall be filed with the General Assembly as provided under Section 3.1 of the General Assembly Organization Act.

(Source: P.A. 100-695, eff. 8-3-18.)

(20 ILCS 801/1-50)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 1-50. Administrative rules. The Department of Natural Resources may adopt rules necessary to carry out its duties under this Act.

(Source: P.A. 103-865, eff. 1-1-25.)

(20 ILCS 801/Art. 5 heading) ARTICLE 5. OFFICE OF WATER RESOURCES

(20 ILCS 801/5-5)

Sec. 5-5. Office of Water Resources; powers and duties.

(a) There shall be an Office of Water Resources within the Department. The Office shall exercise the powers and duties transferred to the Department of Natural Resources from the Department of Transportation by this Act and such other powers and duties as may be provided by law.

(b) The Office of Water Resources of the Department of Natural Resources shall exercise the powers, rights, and duties formerly vested by law in the Department of Transportation as successor to:

(1) the Rivers and Lakes Commission of Illinois, its officers and employees;

(2) the Illinois Waterway Commission, its secretary, chief engineers, and other officers and employees; and

(3) the Department of Public Works and Buildings with respect to matters relating to waterways and waterway improvements, canals, harbors, ports, public port districts, port improvements and facilities, beaches, flood relief, and water conservation.

(c) The Office of Water Resources shall act as the State coordinating agency and accept and administer grants or other financial assistance from the federal government with respect to all of the following:

(1) The Water Resources Planning Act of 1965 (79 Stat. 244), as now or hereafter amended or superseded.

(2) The National Flood Insurance Act of 1968 (82 Stat. 572), as now or hereafter amended or superseded.

(3) The National Dam Inspection Act of 1972 (33 U.S.C., Sec. 467), as now or hereafter amended or superseded.

(4) The construction or reconstruction of all projects for flood control and allied purposes.

(Source: P.A. 89-445, eff. 2-7-96.)

(20 ILCS 801/5-10)

Sec. 5-10. Additional powers. With respect to the water resources of the State, the Office of Water Resources shall have the following powers:

(a) To study and investigate ways and means by which the various water uses may be coordinated to the end that the water resources of the State be put to their maximum beneficial use and, in connection therewith, to request any department or agency of the State to make surveys, studies, investigations, prepare plans, reports and furnish such data and information as may be necessary.

(b) To coordinate, determine and provide ways and means for the equitable reconciliation and adjustment of the various conflicting claims and rights to water by users or uses.

(c) To recommend legislation for the most feasible method or methods of conserving water resources and putting them to the maximum possible use, taking into account the problems of navigation, flood control, river flow control and stabilization, reclamation, drainage and recapture, and further utilization of water after use for any purpose, domestic and industrial use, irrigation of land, municipal use, development of electric energy, public health, recreational, fish and game life, and other beneficial use.

(d) To undertake regulatory flood hazard mapping within this State.

(e) To inspect and prescribe standards of repair, maintenance and improvement of the facilities and properties of the Metro-East Sanitary District.

(Source: P.A. 89-445, eff. 2-7-96; 90-14, eff. 7-1-97.)

(20 ILCS 801/Art. 10 heading) ARTICLE 10. OFFICE OF MINES AND MINERALS

(20 ILCS 801/10-5)

Sec. 10-5. Office of Mines and Minerals.

(a) The Department of Natural Resources shall have within it an Office of Mines and Minerals, which shall be responsible for the functions previously vested in the Department of Mines and Minerals and the Abandoned Mined Lands Reclamation Council and such other related functions and responsibilities as may be provided by law.

(b) The Office of Mines and Minerals shall have a Director and a Manager.

The Director of the Office of Mines and Minerals shall be a person thoroughly conversant with the theory and practice of coal mining but who is not identified with either coal operators or coal miners. The Director of the Office of Mines and Minerals must hold a certificate of competency as a mine examiner issued by the Illinois Mining Board.

The Manager of the Office of Mines and Minerals shall be a person who is thoroughly conversant with the theory and practice of coal mining in the State of Illinois.

(c) Notwithstanding any provision of this Act or any other law to the contrary, the Department of Natural Resources may have within it an Office of Oil and Gas Resource Management, which may be responsible for the functions previously vested in the Department of Mines and Minerals relating to oil and gas resources, such other related functions and responsibilities as may be provided by law, and other functions and responsibilities at the discretion of the Department of Natural Resources.

(Source: P.A. 99-139, eff. 7-24-15.)

(20 ILCS 801/Art. 15 heading) ARTICLE 15. OFFICE OF SCIENTIFIC RESEARCH AND ANALYSIS

(20 ILCS 801/15-5)

Sec. 15-5. (Repealed).

(Source: P.A. 90-490, eff. 8-17-97. Repealed by P.A. 95-728, eff. 7-1-08 - See Sec. 999.)

(20 ILCS 801/15-10)

Sec. 15-10. (Repealed).

(Source: P.A. 90-14, eff. 7-1-97. Repealed by P.A. 95-728, eff. 7-1-08 - See Sec. 999.)

(20 ILCS 801/Art. 20 heading) ARTICLE 20. STATE MUSEUM

(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.

(Source: P.A. 103-835, eff. 8-9-24.)

(20 ILCS 801/20-10)

Sec. 20-10. Advisory Board of the Illinois State Museum.

(a) Within the Department there shall be an Advisory 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 natural sciences, anthropology, art, history, or 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. All members appointed after January 1, 2025 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 of the 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 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;

(3) (blank); and

(4) review the budget of the Illinois State Museum and make recommendations to the Director of the Department.

(c) (Blank).

(Source: P.A. 102-303, eff. 1-1-22; 102-1005, eff. 5-27-22; 103-835, eff. 8-9-24.)

(20 ILCS 801/20-15)

Sec. 20-15. Moneys collected by the Illinois State Museum. All moneys paid to, collected by, or donated to the State Museum shall be deposited into the Illinois State Museum Fund for the Department to use to support the Illinois State Museum. The moneys 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. 103-835, eff. 8-9-24.)

(20 ILCS 801/20-20)

Sec. 20-20. Products manufactured in the United States. The Illinois State Museum shall set aside a booth or section of the gift shop for the sale of products manufactured in the United States. As used in this Section, "products manufactured in the United States" means assembled articles, materials, or supplies for which design, final assembly, processing, packaging, testing, or other process that adds value, quality, or reliability occurred in the United States.

(Source: P.A. 98-1031, eff. 8-25-14.)

(20 ILCS 801/Art. 80 heading) ARTICLE 80. TRANSITION PROVISIONS

(20 ILCS 801/80-5)

Sec. 80-5. Redesignation of Department. The Department of Conservation is redesignated as the Department of Natural Resources.

(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)

(20 ILCS 801/80-10)

Sec. 80-10. Director and Assistant Director. The persons serving as Director and Assistant Director of Conservation on the effective date of this Act shall continue to serve, respectively, as the Director and Assistant Director of Natural Resources for the remainder of their appointed terms and until their successors are appointed and have qualified.

(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)

(20 ILCS 801/80-15)

Sec. 80-15. Discontinued departments and offices.

(a) The Department of Energy and Natural Resources, the Department of Mines and Minerals, the Abandoned Mined Lands Reclamation Council, and the Division of Water Resources of the Department of Transportation are hereby abolished.

(b) The following offices are abolished: the Director of Energy and Natural Resources, the Director of Mines and Minerals, and the Assistant Directors of Mines and Minerals.

(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)

(20 ILCS 801/80-20)

Sec. 80-20. Transfer of powers.

(a) Except as otherwise provided in this Act, all of the rights, powers, and duties vested by law in the Department of Conservation or in any office, division, or bureau thereof are retained by the Department of Natural Resources.

All of the rights, powers, and duties vested by law in the Department of Conservation, or in any office, division, or bureau thereof, pertaining to the Lincoln Monument are transferred to the Historic Preservation Agency.

(b) Except as otherwise provided in this Act, all of the rights, powers, and duties vested by law in the Department of Energy and Natural Resources or in any office, division, or bureau thereof are transferred to the Department of Natural Resources.

All of the rights, powers, and duties vested by law in the Department of Energy and Natural Resources, or in any office, division, or bureau thereof, pertaining to recycling programs and solid waste management, energy conservation and alternative energy programs, coal development and marketing programs, and Exxon overcharge matters are transferred to the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity).

(c) All of the rights, powers, and duties vested by law in the Department of Mines and Minerals or in any office, division, or bureau thereof are transferred to the Department of Natural Resources.

(d) All of the rights, powers, and duties vested by law in the Abandoned Mined Lands Reclamation Council or in any office, division, or bureau thereof are transferred to the Department of Natural Resources.

(e) All of the rights, powers, and duties vested by law in the Division of Water Resources of the Department of Transportation or in any office, division, or bureau thereof are transferred to the Department of Natural Resources.

(Source: P.A. 94-793, eff. 5-19-06.)

(20 ILCS 801/80-25)

Sec. 80-25. Transfer of personnel.

(a) Personnel employed by the Department of Conservation to perform functions that are retained within the Department of Natural Resources shall continue their service within the renamed Department.

(b) Personnel employed by the Department of Energy and Natural Resources, the Department of Mines and Minerals, the Abandoned Mined Lands Reclamation Council, or the Division of Water Resources of the Department of Transportation to perform functions that are transferred by this Act to the Department of Natural Resources are transferred to the Department of Natural Resources.

(c) Personnel employed by the Department of Energy and Natural Resources to perform functions that are transferred by this Act to the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) are transferred to the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity).

(d) Personnel employed by the abolished departments to perform functions that are not clearly classifiable within the areas referred to in this Section or who are employed to perform complex functions that are transferred in part to different departments under this Act shall be assigned and transferred to appropriate departments by the Director of Natural Resources, in consultation with the Director of Central Management Services.

(e) The rights of State employees, the State, and its agencies under the Personnel Code and applicable collective bargaining agreements and retirement plans are not affected by this Act.

(Source: P.A. 94-793, eff. 5-19-06.)

(20 ILCS 801/80-30) (from 20 ILCS 801/35)

Sec. 80-30. Transfer of property.

(a) All books, records, documents, property (real and personal), unexpended appropriations, and pending business pertaining to the rights, powers, and duties transferred by this Act from the Department of Energy and Natural Resources, the Department of Mines and Minerals, the Abandoned Mined Lands Reclamation Council, and the Division of Water Resources of the Department of Transportation to the Department of Natural Resources shall be delivered and transferred to the Department of Natural Resources.

All books, records, documents, property (real and personal), unexpended appropriations, and pending business pertaining to the rights, powers, and duties retained from the Department of Conservation by the Department of Natural Resources shall be retained by the Department of Natural Resources.

(b) All books, records, documents, property (real and personal), unexpended appropriations, and pending business pertaining to the rights, powers, and duties transferred by this Act from the Department of Energy and Natural Resources to the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) shall be delivered and transferred to the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity).

(c) All books, records, documents, property (real and personal), unexpended appropriations, and pending business pertaining to the rights, powers, and duties transferred by this Act from the Department of Conservation to the Historic Preservation Agency shall be delivered and transferred to the Historic Preservation Agency.

(Source: P.A. 94-793, eff. 5-19-06.)

(20 ILCS 801/80-35)

Sec. 80-35. Savings provisions.

(a) The rights, powers, and duties transferred to or retained in the Department of Natural Resources, the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), and the Historic Preservation Agency by this Act shall be vested in and shall be exercised by them subject to the provisions of this Act.

(b) An act done by a successor department or agency, or an officer or employee thereof, in the exercise of the rights, powers, and duties transferred by this Act shall have the same legal effect as if done by the former department or division or the officers or employees thereof.

(c) The transfer of rights, powers, and duties to the Department of Natural Resources, the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), and the Historic Preservation Agency under this Act does not invalidate any previous action taken by or in respect to any of their predecessor departments or divisions or their officers or employees. References to these predecessor departments or divisions or their officers or employees in any document, contract, agreement, or law shall, in appropriate contexts, be deemed to refer to the successor department, agency, officer, or employee.

(d) The transfer of powers and duties to the Department of Natural Resources, the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), and the Historic Preservation Agency under this Act does not affect any person's rights, obligations, or duties, including any civil or criminal penalties applicable thereto, arising out of those transferred powers and duties.

(e) Whenever reports or notices are now required to be made or given or documents furnished or served by any person to or upon the departments or divisions, officers and employees transferred by this Act, they shall be made, given, furnished, or served in the same manner to or upon the successor department or agency, officer or employee.

(f) This Act does not affect any act done, ratified, or cancelled, any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal cause before this Act takes effect. Any such action or proceeding still pending may be prosecuted and continued by the Department of Natural Resources, the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), or the Historic Preservation Agency, as the case may be.

(g) This Act does not affect the legality of any rules that are in force on the effective date of this Act that have been duly adopted by any of the agencies reorganized under this Act. Those rules shall continue in effect until amended or repealed, except that references to a predecessor department shall, in appropriate contexts, be deemed to refer to the successor department or agency under this Act.

As soon as practicable after the effective date of this Act, the Department of Natural Resources, the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), and the Historic Preservation Agency shall each propose and adopt under the Illinois Administrative Procedure Act any rules that may be necessary to consolidate and clarify the rules of their predecessor departments relating to matters transferred to them under this Act.

(Source: P.A. 94-793, eff. 5-19-06.)

(20 ILCS 801/80-40)

Sec. 80-40. Effect on executive order. This Act supersedes the reorganization provided for in Executive Order No. 2 (1995).

(Source: P.A. 89-445, eff. 2-7-96.)

(20 ILCS 801/Art. 99 heading) ARTICLE 99. SEVERABILITY AND EFFECTIVE DATE

(20 ILCS 801/99-5)

Sec. 99-5. Severability. This Act is severable under Section 1.31 of the Statute on Statutes.

(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)

(20 ILCS 801/99-99)

Sec. 99-99. Effective date. This Act takes effect July 1, 1995.

(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)