Full Text of HB4713 102nd General Assembly
HB4713eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning natural resources.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Civil Administrative Code of Illinois is | 5 | | amended by changing Section 5-560 as follows:
| 6 | | (20 ILCS 5/5-560) (was 20 ILCS 5/6.08)
| 7 | | Sec. 5-560. In the Department of Natural Resources.
An | 8 | | Advisory Board to the Department of Natural Resources,
| 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.
| 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.
| 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
| 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
| 21 | | enforcement of the various laws pertinent to the conservation | 22 | | programs program of
Illinois and the nation.
| 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
| 3 | | positions.
| 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.
| 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.
| 13 | | Board members shall be reimbursed for any necessary travel
| 14 | | expenses incurred in the performance of their duties.
| 15 | | (Source: P.A. 90-435, eff. 1-1-98; 91-239, eff. 1-1-00; | 16 | | 91-798, eff. 7-9-00.)
| 17 | | Section 10. The Wildlife Code is amended by changing | 18 | | Section 1.3 as follows:
| 19 | | (520 ILCS 5/1.3)
| 20 | | Sec. 1.3. The Department shall have the authority to | 21 | | manage
wildlife and regulate the taking of wildlife for
the
| 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.
| 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.
| 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
| 23 | | public by reasonable means of the dates of the various | 24 | | seasons.
| 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.
| 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.
| 7 | | (Source: P.A. 98-346, eff. 8-14-13.)
| 8 | | Section 15. The Illinois Open Land Trust Act is amended by | 9 | | changing Sections 15 and 25 as follows:
| 10 | | (525 ILCS 33/15)
| 11 | | Sec. 15. Powers and duties. The Department of Natural | 12 | | Resources has the
following
powers and duties:
| 13 | | (a) To develop and administer the Illinois Open Land Trust | 14 | | program.
| 15 | | (b) To acquire real property, including, but not limited
| 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.
| 21 | | (c) To make grants to units of local government
under
| 22 | | Section 25 of this Act in consultation with the Natural | 23 | | Resources Advisory
Board .
| 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 .
| 3 | | (e) To promulgate any rules, regulations, guidelines, and | 4 | | directives
necessary
to
implement the purposes of this Act.
| 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.
| 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.
| 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
| 19 | | relationship
to the grants, loans, or appropriations.
| 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.
| 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
| 2 | | provisions of this Act.
| 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
| 6 | | fees, or financing charges from any person in connection with | 7 | | its activities
under this
Act.
| 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.
| 11 | | (Source: P.A. 91-220, eff. 7-21-99.)
| 12 | | (525 ILCS 33/25)
| 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.
| 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
| 22 | | requirements:
| 23 | | (1) No more than $2,000,000 may be awarded to any | 24 | | grantee for a single
project for
any fiscal year.
| 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.
| 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.
| 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.
| 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
| 11 | | public
accessibility would be detrimental to the real | 12 | | property or any associated
natural resources.
| 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
| 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.
| 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.
| 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.
| 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.
| 3 | | (Source: P.A. 91-220, eff. 7-21-99.)
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