Bill Text: IL SB3908 | 2021-2022 | 102nd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of Senate Amendment No. 1, and makes the following changes: In provisions concerning members of the Advisory Board to the Department of Natural Resources, provides that one member of the Board shall represent outdoor powersport usage interests, one shall be a member of a statewide association of trappers and represent trapping interests, and 3 members of the Board, whose interests are not otherwise specified, shall be residents of this State. In provisions concerning formulation and presentation of recommendations by the Board, removes the conservation of privately owned land from the category of protection and conservation of renewable resources of the State.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2022-12-21 - Public Act . . . . . . . . . 102-1114 [SB3908 Detail]
Download: Illinois-2021-SB3908-Engrossed.html
Bill Title: Reinserts the provisions of Senate Amendment No. 1, and makes the following changes: In provisions concerning members of the Advisory Board to the Department of Natural Resources, provides that one member of the Board shall represent outdoor powersport usage interests, one shall be a member of a statewide association of trappers and represent trapping interests, and 3 members of the Board, whose interests are not otherwise specified, shall be residents of this State. In provisions concerning formulation and presentation of recommendations by the Board, removes the conservation of privately owned land from the category of protection and conservation of renewable resources of the State.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2022-12-21 - Public Act . . . . . . . . . 102-1114 [SB3908 Detail]
Download: Illinois-2021-SB3908-Engrossed.html
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1 | AN ACT concerning natural resources.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Civil Administrative Code of Illinois is | ||||||
5 | amended by changing Section 5-560 as follows:
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6 | (20 ILCS 5/5-560) (was 20 ILCS 5/6.08)
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7 | Sec. 5-560. In the Department of Natural Resources.
An | ||||||
8 | Advisory Board to the Department of Natural Resources,
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9 | composed of 13 persons , one of whom shall be a senior citizen | ||||||
10 | age 60
or over . Of the 13 appointed members, at least 2 shall | ||||||
11 | represent hunting and fishing interests, 2 shall represent | ||||||
12 | natural areas protection interests, 2 shall represent urban | ||||||
13 | conservation interests, one shall represent parks and | ||||||
14 | recreation interests, one shall represent outdoor powersport | ||||||
15 | usage interests, one shall be a member of a statewide | ||||||
16 | association of trappers and represent trapping interests, one | ||||||
17 | shall represent forestry interests, and the remaining 3 shall | ||||||
18 | be residents of this State. The Governor shall appoint a chair | ||||||
19 | who will preside over the Board's meetings.
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20 | In the appointment of the initial members the Governor | ||||||
21 | shall
designate 3 persons to serve for 2 years, 3 for 4 years, | ||||||
22 | and 3 for 6
years from the third Monday in January of the | ||||||
23 | odd-numbered year in which
the term commences. The members |
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1 | first appointed under this
amendatory Act of 1984 shall serve | ||||||
2 | a term of 6 years commencing on the
third Monday in January, | ||||||
3 | 1985. The members first appointed under this
amendatory
Act of | ||||||
4 | the 91st General Assembly shall each be appointed to a term of | ||||||
5 | office to
expire on the third Monday in January of 2006.
All | ||||||
6 | subsequent appointments shall be for terms of 6 years.
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7 | Notwithstanding any provision of law to the contrary, the | ||||||
8 | term of office of each member of the Board is abolished on | ||||||
9 | August 1, 2022. Incumbent members holding a position on the | ||||||
10 | Board on August 1, 2022 may be reappointed. In making | ||||||
11 | appointments to fill the vacancies created on August 1, 2022, | ||||||
12 | the Governor shall designate 4 members to serve until the | ||||||
13 | third Monday of January, 2024, 4 members to serve until the | ||||||
14 | third Monday of January, 2025, and 5 members to serve until the | ||||||
15 | third Monday of January, 2026. All newly appointed members | ||||||
16 | shall serve until their successors are appointed and | ||||||
17 | qualified. Their successors shall be appointed to serve for | ||||||
18 | 3-year terms expiring on the 3rd anniversary of their | ||||||
19 | appointment or until their successors are appointed and | ||||||
20 | qualified. Each subsequent appointment shall be for a term of | ||||||
21 | 3 years. | ||||||
22 | The Advisory Board shall formulate and present long range | ||||||
23 | recommendations to policies for guidance
of the Department in: | ||||||
24 | the protection and conservation of renewable
resources of the | ||||||
25 | State of Illinois ; the development of areas and
facilities for | ||||||
26 | outdoor recreation; the proper restoration and management of |
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1 | forest and woodland resources for forest products and | ||||||
2 | ecosystem services prevention of timber destruction
and other | ||||||
3 | forest growth by fire or otherwise ; the reforestation of
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4 | suitable lands of this State; the extension of cooperative | ||||||
5 | support to
other agencies of this State in preventing and | ||||||
6 | guarding
against the
pollution of streams and lakes within the | ||||||
7 | State; the management of fish and the
wildlife resources and | ||||||
8 | the habitats upon which they depend , including species of | ||||||
9 | greatest conservation need migratory fowl, and fisheries | ||||||
10 | resources,
including the construction of new water impoundment | ||||||
11 | areas ; the
development of an adequate research program for | ||||||
12 | fish, wildlife game , and forestry , and conservation of the | ||||||
13 | State's biodiversity
through cooperation with and support of | ||||||
14 | the Illinois Natural History
Survey and the State University | ||||||
15 | system ; the development and dissemination of information and | ||||||
16 | educational resources that promote a conservation-literate | ||||||
17 | population; the development of innovative partnerships that | ||||||
18 | assist the Department in accomplishing its broad mission; the | ||||||
19 | Department's grant programs; and the development of law and | ||||||
20 | policy expressing of policies for proper dissemination of and
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21 | enforcement of the various laws pertinent to the conservation | ||||||
22 | programs program of
Illinois and the nation.
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23 | The Board shall make a study of the personnel structure of | ||||||
24 | the
Department and shall, from time to time, make | ||||||
25 | recommendations to the
Governor and the Director of Natural | ||||||
26 | Resources for a merit
system of employment and for the |
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1 | revision of the position classification to the
extent which | ||||||
2 | Civil Service classification should apply in departmental
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3 | positions.
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4 | The Board may advise on shall make studies of the land | ||||||
5 | acquisition needs of the
Department and make recommendations | ||||||
6 | from time to time as to necessary acquisition
of lands for fish | ||||||
7 | fisheries , wildlife game , forestry, conservation of natural | ||||||
8 | areas, and recreational development.
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9 | The Board may
recommend to the Director of Natural | ||||||
10 | Resources any
reductions or increases of seasons and bag or | ||||||
11 | possession limits or
the
closure of any season when research | ||||||
12 | and inventory data indicate the need for
those changes.
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13 | Board members shall be reimbursed for any necessary travel
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14 | expenses incurred in the performance of their duties.
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15 | (Source: P.A. 90-435, eff. 1-1-98; 91-239, eff. 1-1-00; | ||||||
16 | 91-798, eff. 7-9-00.)
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17 | Section 10. The Wildlife Code is amended by changing | ||||||
18 | Section 1.3 as follows:
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19 | (520 ILCS 5/1.3)
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20 | Sec. 1.3. The Department shall have the authority to | ||||||
21 | manage
wildlife and regulate the taking of wildlife for
the
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22 | purposes of providing public recreation and controlling | ||||||
23 | wildlife populations.
The seasons during which wildlife may be | ||||||
24 | taken, the methods for taking
wildlife, the daily bag
limits, |
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1 | and the possession limits shall be established by the | ||||||
2 | Department
through
administrative rule,
but the Department may | ||||||
3 | not provide for a longer season, a
larger daily bag limit, or a | ||||||
4 | larger possession limit than is provided in
this Code.
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5 | The Natural Resources Advisory Board may also recommend to | ||||||
6 | the Director of
Natural Resources any reductions or increases | ||||||
7 | of seasons and bag or possession
limits or the closure of any | ||||||
8 | season when research and inventory data indicate
the need for | ||||||
9 | such changes.
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10 | The Department is authorized to establish seasons for the | ||||||
11 | taking of
migratory birds within the dates established | ||||||
12 | annually by
Proclamation of the
Secretary, United States | ||||||
13 | Department of the Interior, known as the
"Rules and | ||||||
14 | Regulations for Migratory Bird Hunting" (50 CFR 20 et seq.). | ||||||
15 | When
the biological balance of any
species is affected, the | ||||||
16 | Director may with the approval of the
Conservation Advisory | ||||||
17 | Board , by administrative rule, lengthen, shorten
or close the | ||||||
18 | season during which waterfowl may be taken within the
federal | ||||||
19 | limitations prescribed.
If the Department does not adopt an | ||||||
20 | administrative rule establishing a
season, then the season | ||||||
21 | shall be as set forth in the current "Rules and
Regulations for | ||||||
22 | Migratory Bird Hunting". The Department shall advise the
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23 | public by reasonable means of the dates of the various | ||||||
24 | seasons.
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25 | The Department may utilize the services of the staff of | ||||||
26 | the Illinois
Natural History Survey of the University of |
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1 | Illinois for making investigations as to the population status | ||||||
2 | of
the various species of wildlife.
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3 | Employees or agents of any state, federal, or municipal | ||||||
4 | government or body
when engaged in investigational work and | ||||||
5 | law enforcement, may with prior
approval of the Director, be | ||||||
6 | exempted from the provisions of this Act.
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7 | (Source: P.A. 98-346, eff. 8-14-13.)
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8 | Section 15. The Illinois Open Land Trust Act is amended by | ||||||
9 | changing Sections 15 and 25 as follows:
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10 | (525 ILCS 33/15)
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11 | Sec. 15. Powers and duties. The Department of Natural | ||||||
12 | Resources has the
following
powers and duties:
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13 | (a) To develop and administer the Illinois Open Land Trust | ||||||
14 | program.
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15 | (b) To acquire real property, including, but not limited
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16 | to,
open
space and natural areas for conservation and | ||||||
17 | recreation purposes. The lands
shall
be held in (i) fee simple | ||||||
18 | title or
(ii) conservation easements for natural areas, | ||||||
19 | provided that
these mechanisms are all voluntary on the part | ||||||
20 | of the landowners and do not
involve the use of eminent domain.
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21 | (c) To make grants to units of local government
under
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22 | Section 25 of this Act in consultation with the Natural | ||||||
23 | Resources Advisory
Board .
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24 | (d) To make loans to units of local government
under
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1 | Section 30 of this Act in consultation with the Natural | ||||||
2 | Resources Advisory
Board .
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3 | (e) To promulgate any rules, regulations, guidelines, and | ||||||
4 | directives
necessary
to
implement the purposes of this Act.
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5 | (f) To execute contracts, grant or loan agreements, | ||||||
6 | memoranda of
understanding, intergovernmental cooperation | ||||||
7 | agreements, and any other
agreements with other
State
agencies | ||||||
8 | and units of local government
that are necessary to implement | ||||||
9 | this Act.
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10 | (g) To execute contracts, memoranda of understanding, and | ||||||
11 | any other
agreements with not-for-profit corporations that are | ||||||
12 | consistent with the
purpose of this Act.
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13 | (h) To accept grants, loans, or appropriations from the | ||||||
14 | federal government
or
the
State, or any agency or | ||||||
15 | instrumentality thereof, for the purposes of the
Department | ||||||
16 | under
this Act, including to make loans of any funds and to | ||||||
17 | enter into any agreement
with the
federal government or the | ||||||
18 | State, or any agency or instrumentality thereof, in
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19 | relationship
to the grants, loans, or appropriations.
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20 | (i) To establish any interest rates, terms of repayment, | ||||||
21 | and other terms and
conditions
regarding loans made pursuant | ||||||
22 | to this Act that the Department deems necessary
or
appropriate | ||||||
23 | to protect the public interest and carry out the purposes of | ||||||
24 | this
Act.
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25 | (j) To establish application, eligibility, selection, | ||||||
26 | notification,
contract,
and other
procedures, rules, or |
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1 | regulations deemed necessary and appropriate to carry out
the
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2 | provisions of this Act.
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3 | (k) To fix, determine, charge, and collect any premiums, | ||||||
4 | fees, charges,
costs,
and
expenses, including, without | ||||||
5 | limitation, any application fees, commitment fees,
program
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6 | fees, or financing charges from any person in connection with | ||||||
7 | its activities
under this
Act.
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8 | (l) To report annually to the Governor and the General | ||||||
9 | Assembly on the
progress made in implementing this Act and on | ||||||
10 | the status of all real property
acquired pursuant to
the Act.
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11 | (Source: P.A. 91-220, eff. 7-21-99.)
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12 | (525 ILCS 33/25)
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13 | Sec. 25. Grant program. From appropriations for these | ||||||
14 | purposes, the
Department may
make grants to units of local | ||||||
15 | government as
financial
assistance for the acquisition of open | ||||||
16 | space and natural lands
if the
Department
determines that the | ||||||
17 | property interests are sufficient to carry out the purposes
of | ||||||
18 | this Act.
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19 | The Department shall adopt rules concerning the selection | ||||||
20 | or grant
recipients, amount of grant awards, and
eligibility | ||||||
21 | requirements. The rules must include the following additional
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22 | requirements:
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23 | (1) No more than $2,000,000 may be awarded to any | ||||||
24 | grantee for a single
project for
any fiscal year.
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25 | (2) Any grant under this Act must be conditioned upon |
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1 | the grantee
providing
a required match as defined by rule.
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2 | (3) Funds may be used only to purchase interests in | ||||||
3 | land from willing
sellers and may not involve the use of | ||||||
4 | eminent domain.
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5 | (4) (Blank). The Department shall provide for a public | ||||||
6 | meeting to be conducted by
the Natural Resources Advisory | ||||||
7 | Board prior to grant approval.
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8 | (5) All real property acquired with grant funds must | ||||||
9 | be accessible to the
public for
conservation and | ||||||
10 | recreation purposes, unless the Department determines that
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11 | public
accessibility would be detrimental to the real | ||||||
12 | property or any associated
natural resources.
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13 | (6) No real property acquired with grant funds may be | ||||||
14 | sold, leased,
exchanged, or
otherwise encumbered, unless | ||||||
15 | it is used to qualify for a federal program or,
subject to
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16 | Department approval, transferred to the federal | ||||||
17 | government, the State, or a
unit
of local
government for | ||||||
18 | conservation
and recreation
purposes consistent with this | ||||||
19 | Act.
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20 | (7) All grantees must agree to convey to the State at | ||||||
21 | no charge a
conservation easement on the lands to be | ||||||
22 | acquired using the grant funds.
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23 | (8) Grantees must agree to manage lands in accordance | ||||||
24 | with the terms of
the
grant.
Any changes in management | ||||||
25 | must be approved by the Department before
implementation.
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26 | (9) The Department is authorized to promulgate, by |
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1 | rule, any other
reasonable requirements determined | ||||||
2 | necessary to effectively implement this Act.
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3 | (Source: P.A. 91-220, eff. 7-21-99.)
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