Bill Amendment: IL HB4713 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: DNR-ABOLISH ADVISORY BOARD

Status: 2022-05-09 - Rule 19(b) / Motion Referred to Rules Committee [HB4713 Detail]

Download: Illinois-2021-HB4713-House_Amendment_002.html

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Rep. Lawrence Walsh, Jr.

Filed: 2/22/2022

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AMENDMENT TO HOUSE BILL 4713
AMENDMENT NO. ______. Amend House Bill 4713 by replacing
everything after the enacting clause with the following:
"Section 5. The Civil Administrative Code of Illinois is
amended by changing Section 5-560 as follows:
(20 ILCS 5/5-560) (was 20 ILCS 5/6.08)
Sec. 5-560. In the Department of Natural Resources. An
Advisory Board to the Department of Natural Resources,
composed of 13 persons, one of whom shall be a senior citizen
age 60 or over. Of the 13 appointed members, at least 2 shall
represent hunting and fishing interests, 2 shall represent
natural areas protection interests, 2 shall represent urban
conservation interests, one shall represent parks and
recreation interests, one shall represent outdoor powersport
usage interests, one shall be a member of a statewide
association of trappers and represent trapping interests, one

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shall represent forestry interests, and the remaining 3 shall
be residents of this State. The Governor shall appoint a chair
who will preside over the Board's meetings.
In the appointment of the initial members the Governor
shall designate 3 persons to serve for 2 years, 3 for 4 years,
and 3 for 6 years from the third Monday in January of the
odd-numbered year in which the term commences. The members
first appointed under this amendatory Act of 1984 shall serve
a term of 6 years commencing on the third Monday in January,
1985. The members first appointed under this amendatory Act of
the 91st General Assembly shall each be appointed to a term of
office to expire on the third Monday in January of 2006. All
subsequent appointments shall be for terms of 6 years.
Notwithstanding any provision of law to the contrary, the
term of office of each member of the Board is abolished on
August 1, 2022. Incumbent members holding a position on the
Board on August 1, 2022 may be reappointed. In making
appointments to fill the vacancies created on August 1, 2022,
the Governor shall designate 4 members to serve until the
third Monday of January, 2024, 4 members to serve until the
third Monday of January, 2025, and 5 members to serve until the
third Monday of January, 2026. All newly appointed members
shall serve until their successors are appointed and
qualified. Their successors shall be appointed to serve for
3-year terms expiring on the 3rd anniversary of their
appointment or until their successors are appointed and

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qualified. Each subsequent appointment shall be for a term of
3 years.
The Advisory Board shall formulate and present long range
recommendations to policies for guidance of the Department in:
the protection and conservation of renewable resources of the
State of Illinois; the development of areas and facilities for
outdoor recreation; the proper restoration and management of
forest and woodland resources for forest products and
ecosystem services prevention of timber destruction and other
forest growth by fire or otherwise; the reforestation of
suitable lands of this State; the extension of cooperative
support to other agencies of this State in preventing and
guarding against the pollution of streams and lakes within the
State; the management of fish and the wildlife resources and
the habitats upon which they depend, including species of
greatest conservation need migratory fowl, and fisheries
resources, including the construction of new water impoundment
areas; the development of an adequate research program for
fish, wildlife game, and forestry, and conservation of the
State's biodiversity through cooperation with and support of
the Illinois Natural History Survey and the State University
system; the development and dissemination of information and
educational resources that promote a conservation-literate
population; the development of innovative partnerships that
assist the Department in accomplishing its broad mission; the
Department's grant programs; and the development of law and

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policy expressing of policies for proper dissemination of and
enforcement of the various laws pertinent to the conservation
programs program of Illinois and the nation.
The Board shall make a study of the personnel structure of
the Department and shall, from time to time, make
recommendations to the Governor and the Director of Natural
Resources for a merit system of employment and for the
revision of the position classification to the extent which
Civil Service classification should apply in departmental
positions.
The Board may advise on shall make studies of the land
acquisition needs of the Department and make recommendations
from time to time as to necessary acquisition of lands for fish
fisheries, wildlife game, forestry, conservation of natural
areas, and recreational development.
The Board may recommend to the Director of Natural
Resources any reductions or increases of seasons and bag or
possession limits or the closure of any season when research
and inventory data indicate the need for those changes.
Board members shall be reimbursed for any necessary travel
expenses incurred in the performance of their duties.
(Source: P.A. 90-435, eff. 1-1-98; 91-239, eff. 1-1-00;
91-798, eff. 7-9-00.)
Section 10. The Wildlife Code is amended by changing
Section 1.3 as follows:

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(520 ILCS 5/1.3)
Sec. 1.3. The Department shall have the authority to
manage wildlife and regulate the taking of wildlife for the
purposes of providing public recreation and controlling
wildlife populations. The seasons during which wildlife may be
taken, the methods for taking wildlife, the daily bag limits,
and the possession limits shall be established by the
Department through administrative rule, but the Department may
not provide for a longer season, a larger daily bag limit, or a
larger possession limit than is provided in this Code.
The Natural Resources Advisory Board may also recommend to
the Director of Natural Resources any reductions or increases
of seasons and bag or possession limits or the closure of any
season when research and inventory data indicate the need for
such changes.
The Department is authorized to establish seasons for the
taking of migratory birds within the dates established
annually by Proclamation of the Secretary, United States
Department of the Interior, known as the "Rules and
Regulations for Migratory Bird Hunting" (50 CFR 20 et seq.).
When the biological balance of any species is affected, the
Director may with the approval of the Conservation Advisory
Board, by administrative rule, lengthen, shorten or close the
season during which waterfowl may be taken within the federal
limitations prescribed. If the Department does not adopt an

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administrative rule establishing a season, then the season
shall be as set forth in the current "Rules and Regulations for
Migratory Bird Hunting". The Department shall advise the
public by reasonable means of the dates of the various
seasons.
The Department may utilize the services of the staff of
the Illinois Natural History Survey of the University of
Illinois for making investigations as to the population status
of the various species of wildlife.
Employees or agents of any state, federal, or municipal
government or body when engaged in investigational work and
law enforcement, may with prior approval of the Director, be
exempted from the provisions of this Act.
(Source: P.A. 98-346, eff. 8-14-13.)
Section 15. The Illinois Open Land Trust Act is amended by
changing Sections 15 and 25 as follows:
(525 ILCS 33/15)
Sec. 15. Powers and duties. The Department of Natural
Resources has the following powers and duties:
(a) To develop and administer the Illinois Open Land Trust
program.
(b) To acquire real property, including, but not limited
to, open space and natural areas for conservation and
recreation purposes. The lands shall be held in (i) fee simple

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title or (ii) conservation easements for natural areas,
provided that these mechanisms are all voluntary on the part
of the landowners and do not involve the use of eminent domain.
(c) To make grants to units of local government under
Section 25 of this Act in consultation with the Natural
Resources Advisory Board.
(d) To make loans to units of local government under
Section 30 of this Act in consultation with the Natural
Resources Advisory Board.
(e) To promulgate any rules, regulations, guidelines, and
directives necessary to implement the purposes of this Act.
(f) To execute contracts, grant or loan agreements,
memoranda of understanding, intergovernmental cooperation
agreements, and any other agreements with other State agencies
and units of local government that are necessary to implement
this Act.
(g) To execute contracts, memoranda of understanding, and
any other agreements with not-for-profit corporations that are
consistent with the purpose of this Act.
(h) To accept grants, loans, or appropriations from the
federal government or the State, or any agency or
instrumentality thereof, for the purposes of the Department
under this Act, including to make loans of any funds and to
enter into any agreement with the federal government or the
State, or any agency or instrumentality thereof, in
relationship to the grants, loans, or appropriations.

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(i) To establish any interest rates, terms of repayment,
and other terms and conditions regarding loans made pursuant
to this Act that the Department deems necessary or appropriate
to protect the public interest and carry out the purposes of
this Act.
(j) To establish application, eligibility, selection,
notification, contract, and other procedures, rules, or
regulations deemed necessary and appropriate to carry out the
provisions of this Act.
(k) To fix, determine, charge, and collect any premiums,
fees, charges, costs, and expenses, including, without
limitation, any application fees, commitment fees, program
fees, or financing charges from any person in connection with
its activities under this Act.
(l) To report annually to the Governor and the General
Assembly on the progress made in implementing this Act and on
the status of all real property acquired pursuant to the Act.
(Source: P.A. 91-220, eff. 7-21-99.)
(525 ILCS 33/25)
Sec. 25. Grant program. From appropriations for these
purposes, the Department may make grants to units of local
government as financial assistance for the acquisition of open
space and natural lands if the Department determines that the
property interests are sufficient to carry out the purposes of
this Act.

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The Department shall adopt rules concerning the selection
or grant recipients, amount of grant awards, and eligibility
requirements. The rules must include the following additional
requirements:
(1) No more than $2,000,000 may be awarded to any
grantee for a single project for any fiscal year.
(2) Any grant under this Act must be conditioned upon
the grantee providing a required match as defined by rule.
(3) Funds may be used only to purchase interests in
land from willing sellers and may not involve the use of
eminent domain.
(4) (Blank). The Department shall provide for a public
meeting to be conducted by the Natural Resources Advisory
Board prior to grant approval.
(5) All real property acquired with grant funds must
be accessible to the public for conservation and
recreation purposes, unless the Department determines that
public accessibility would be detrimental to the real
property or any associated natural resources.
(6) No real property acquired with grant funds may be
sold, leased, exchanged, or otherwise encumbered, unless
it is used to qualify for a federal program or, subject to
Department approval, transferred to the federal
government, the State, or a unit of local government for
conservation and recreation purposes consistent with this
Act.

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(7) All grantees must agree to convey to the State at
no charge a conservation easement on the lands to be
acquired using the grant funds.
(8) Grantees must agree to manage lands in accordance
with the terms of the grant. Any changes in management
must be approved by the Department before implementation.
(9) The Department is authorized to promulgate, by
rule, any other reasonable requirements determined
necessary to effectively implement this Act.
(Source: P.A. 91-220, eff. 7-21-99.)".