Rep. Karen A. Yarbrough

Filed: 3/19/2010

 

 


 

 


 
09600HB6317ham002 LRB096 20960 JDS 39255 a

1
AMENDMENT TO HOUSE BILL 6317

2     AMENDMENT NO. ______. Amend House Bill 6317 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Department of Natural Resources
5 (Conservation) Law of the Civil Administrative Code of Illinois
6 is amended by adding Section 805-550 as follows:
 
7     (20 ILCS 805/805-550 new)
8     Sec. 805-550. Reinstatement fee.
9     (a) The Department may assess a fee of up to $1,000 for the
10 reinstatement of revoked licenses, permits, registrations, and
11 other privileges that it administers in the exercise of its
12 powers and duties under Illinois law.
13     (b) Revenues generated from the reinstatement of State park
14 privileges shall be deposited into the State Parks Fund.
15 Revenues generated from the reinstatement of hunting, fishing,
16 trapping, ginseng, falconry, wildlife rehabilitation, and

 

 

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1 outfitter licenses or privileges shall be deposited into the
2 Wildlife and Fish Fund. Revenues generated from the
3 reinstatement of boating and snowmobile privileges shall be
4 deposited into the State Boating Act Fund. Revenues generated
5 from the reinstatement of forestry purchasing privileges shall
6 be deposited into the Illinois Forestry Development Fund. Other
7 revenues generated from the reinstatement of a license, permit,
8 registration, or other privilege shall be deposited into the
9 State fund in which the fee for that privilege is deposited.
10 The Comptroller shall maintain a separate accounting of the
11 moneys deposited under this subsection.
12     (c) Moneys deposited under subsection (b) shall be used by
13 the Department, subject to appropriation, for the following
14 purposes:
15         (1) 85% of the moneys shall be used for the purchase of
16     law enforcement vehicles for use by the Department's Office
17     of Law Enforcement.
18         (2) 15% of the moneys shall be used for the promotion
19     of safety education by the Department's Office of Strategic
20     Services.
 
21     Section 10. The State Finance Act is amended by changing
22 Section 8.11 and 8.25c as follows:
 
23     (30 ILCS 105/8.11)  (from Ch. 127, par. 144.11)
24     Sec. 8.11. Except as otherwise provided in this Section,

 

 

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1 appropriations from the State Parks Fund shall be made only to
2 the Department of Natural Resources and shall, except for the
3 additional moneys deposited under Section 805-550 of the
4 Department of Natural Resources (Conservation) Law of the Civil
5 Administrative Code of Illinois, be used only for the
6 maintenance, development, operation, control and acquisition
7 of State parks.
8     Revenues derived from the Illinois and Michigan Canal from
9 the sale of Canal lands, lease of Canal lands, Canal
10 concessions, and other Canal activities, which have been placed
11 in the State Parks Fund may be appropriated to the Department
12 of Natural Resources for that Department to use, either
13 independently or in cooperation with any Department or Agency
14 of the Federal or State Government or any political subdivision
15 thereof for the development and management of the Canal and its
16 adjacent lands as outlined in the master plan for such
17 development and management.
18 (Source: P.A. 89-445, eff. 2-7-96.)
 
19     (30 ILCS 105/8.25c)  (from Ch. 127, par. 144.25c)
20     Sec. 8.25c.
21     (a) Beginning in fiscal year 1991 and continuing through
22 the third quarter of fiscal year 1993, the State Comptroller
23 shall order transferred and the State Treasurer shall transfer
24 from the Illinois Beach Marina Fund (now known as the Adeline
25 Jay Geo-Karis Illinois Beach Marina Fund) to the General

 

 

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1 Revenue Fund 50% of the revenue deposited into the Illinois
2 Beach Marina Fund. Beginning in the fourth quarter of fiscal
3 year 1993 and thereafter until the sum of $31,200,000 is paid
4 to the General Revenue Fund, the State Comptroller shall order
5 transferred and the State Treasurer shall transfer from the
6 Adeline Jay Geo-Karis Illinois Beach Marina Fund (formerly
7 known as the Illinois Beach Marina Fund) to the General Revenue
8 Fund 35% of revenue deposited into the Adeline Jay Geo-Karis
9 Illinois Beach Marina Fund (formerly known as the Illinois
10 Beach Marina Fund) in any fiscal year. In addition, beginning
11 in fiscal year 1991 and thereafter until the sum of $8,000,000
12 is paid to the State Boating Act Fund the State Comptroller
13 shall order transferred and the State Treasurer shall transfer
14 from the Adeline Jay Geo-Karis Illinois Beach Marina Fund
15 (formerly known as the Illinois Beach Marina Fund) to the State
16 Boating Act Fund 15% of the revenue deposited into the Adeline
17 Jay Geo-Karis Illinois Beach Marina Fund (formerly known as the
18 Illinois Beach Marina Fund). Beginning in fiscal year 1992, the
19 transfers from the Adeline Jay Geo-Karis Illinois Beach Marina
20 Fund (formerly known as the Illinois Beach Marina Fund) to the
21 State Boating Act Fund shall be made only at the direction of
22 and in the amount authorized by the Department of Natural
23 Resources. Moneys transferred under authorization of this
24 Section to the State Boating Act Fund in fiscal year 1992
25 before the effective date of this amendatory Act of 1991 may be
26 transferred to the Illinois Beach Marina Fund (now known as the

 

 

09600HB6317ham002 - 5 - LRB096 20960 JDS 39255 a

1 Adeline Jay Geo-Karis Illinois Beach Marina Fund) at the
2 direction of the Department of Natural Resources. The transfers
3 required under this Section shall be made within 30 days after
4 the end of each quarter based on the State Comptroller's record
5 of receipts for the quarter. The initial transfers shall be
6 made within 30 days after June 30, 1990 based on revenues
7 received in the preceding quarter. Additional transfers in
8 excess of the limits established under this Section may be
9 authorized by the Department of Natural Resources for
10 accelerated payback of the amount due.
11     (b) The Department may, subject to appropriations by the
12 General Assembly, use moneys monies in the Adeline Jay
13 Geo-Karis Illinois Beach Marina Fund (formerly known as the
14 Illinois Beach Marina Fund) to pay for operation, maintenance,
15 repairs, or improvements to the marina project; provided,
16 however, that payment of the amounts due under the terms of
17 subsection (a) shall have priority on all moneys monies
18 deposited in this Fund.
19     (c) Moneys Monies on deposit in excess of that needed for
20 payments to the General Revenue Fund and the State Boating Act
21 Fund and in excess of those moneys monies needed for the
22 operation, maintenance, repairs, or improvements to the
23 Adeline Jay Geo-Karis Illinois Beach Marina as determined by
24 the Department of Natural Resources may be transferred at the
25 discretion of the Department to the State Parks Fund.
26 (Source: P.A. 94-1042, eff. 7-24-06; 95-522, eff. 8-28-07.)
 

 

 

09600HB6317ham002 - 6 - LRB096 20960 JDS 39255 a

1     Section 15. The Fish and Aquatic Life Code is amended by
2 changing Section 1-230 as follows:
 
3     (515 ILCS 5/1-230)  (from Ch. 56, par. 1-230)
4     Sec. 1-230. Wildlife and Fish Fund; disposition of money
5 received. All fees, fines, income of whatever kind or nature
6 derived from hunting and fishing activities on lands, waters,
7 or both under the jurisdiction or control of the Department,
8 and all penalties collected under this Code shall be deposited
9 into the State Treasury and shall be set apart in a special
10 fund to be known as the Wildlife and Fish Fund; except that
11 fees derived solely from the sale of salmon stamps, income from
12 art contests for the salmon stamp, including income from the
13 sale of reprints, and gifts, donations, grants, and bequests of
14 money for the conservation and propagation of salmon shall be
15 deposited into the State Treasury and set apart in the special
16 fund to be known as the Salmon Fund; and except that fees
17 derived solely from the sale of state migratory waterfowl
18 stamps, and gifts, donations, grants and bequests of money for
19 the conservation and propagation of waterfowl, shall be
20 deposited into the State Treasury and set apart in the special
21 fund to be known as the State Migratory Waterfowl Stamp Fund.
22 All interest that accrues from moneys in the Wildlife and Fish
23 Fund, the Salmon Fund, and the State Migratory Waterfowl Stamp
24 Fund shall be retained in those funds respectively. Except for

 

 

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1 the additional moneys deposited under Section 805-550 of the
2 Department of Natural Resources (Conservation) Law of the Civil
3 Administrative Code of Illinois, appropriations Appropriations
4 from the Wildlife and Fish Fund shall be made only to the
5 Department for the carrying out of the powers and functions
6 vested by law in the Department for the administration and
7 management of fish and wildlife resources of this State for
8 such activities as (i) the purchase of land for fish
9 hatcheries, wildlife refuges, preserves, and public shooting
10 and fishing grounds; (ii) the purchase and distribution of wild
11 birds, the eggs of wild birds, and wild mammals; (iii) the
12 rescuing, restoring and distributing of fish; (iv) the
13 maintenance of wildlife refuges or preserves, public shooting
14 grounds, public fishing grounds, and fish hatcheries; and (v)
15 the feeding and care of wild birds, wild mammals, and fish.
16 Appropriations from the Salmon Fund shall be made only to the
17 Department to be used solely for the conservation and
18 propagation of salmon, including construction, operation, and
19 maintenance of a cold water hatchery, and for payment of the
20 costs of printing salmon stamps, the expenses incurred in
21 acquiring salmon stamp designs, and the expenses of producing
22 reprints.
23     Appropriations from the State Migratory Waterfowl Stamp
24 Fund shall be made only to the Department to be used solely for
25 the following purposes:
26         (a) 50% of funds derived from the sale of State

 

 

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1     migratory waterfowl stamps and 100% of all gifts,
2     donations, grants, and bequests of money for the
3     conservation and propagation of waterfowl for projects
4     approved by the Department shall be used for the purpose of
5     attracting waterfowl and improving public migratory
6     waterfowl areas within the State. These projects may
7     include the repair, maintenance, and operation of these
8     areas only in emergencies as determined by the State Duck
9     Stamp Committee; but none of the moneys spent within the
10     State shall be used for administrative expenses.
11         (b) 50% of funds derived from the sale of State
12     migratory waterfowl stamps shall be turned over by the
13     Department to appropriate non-profit organizations for the
14     development of waterfowl propagation areas within the
15     Dominion of Canada or the United States that specifically
16     provide waterfowl for the Mississippi Flyway. Before
17     turning over any moneys from the State Migratory Waterfowl
18     Stamp Fund, the Department shall obtain evidence that the
19     project is acceptable to the appropriate governmental
20     agency of the Dominion of Canada or the United States or of
21     one of its Provinces or States having jurisdiction over the
22     lands and waters affected by the project and shall consult
23     those agencies and the State Duck Stamp Committee for
24     approval before allocating funds.
25 (Source: P.A. 95-853, eff. 8-18-08.)
 

 

 

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1     Section 20. The Illinois Forestry Development Act is
2 amended by changing Section 7 as follows:
 
3     (525 ILCS 15/7)  (from Ch. 96 1/2, par. 9107)
4     Sec. 7. The Illinois Forestry Development Fund, a special
5 fund in the State Treasury, is hereby created. The Department
6 of Natural Resources shall pay into the Fund all fees and fines
7 collected from timber buyers and landowners and operators
8 pursuant to the "Timber Buyers Licensing Act", and the "Forest
9 Products Transportation Act", all gifts, contributions,
10 bequests, grants, donations, transfers, appropriations and all
11 other revenues and receipts resulting from forestry programs,
12 forest product sales, and operations of facilities not
13 otherwise directed by State law and shall, except for the
14 additional moneys deposited under Section 805-550 of the
15 Department of Natural Resources (Conservation) Law of the Civil
16 Administrative Code of Illinois, pay such moneys monies
17 appropriated from the Fund to timber growers for implementation
18 of acceptable forest management practices as provided in
19 Section 5 of this Act. Moneys Monies may be appropriated from
20 the Fund for the expenses of the Illinois Forestry Development
21 Council. Ordinary operating expenses of the Forest Resources
22 Division of the Department, for the administration and
23 implementation of this Act, the development and implementation
24 of a wood industry marketing, development and promotions
25 program and other programs beneficial to advancing forests and

 

 

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1 forestry in this State, as deemed appropriate by the General
2 Assembly, may be appropriated from this fund to the extent such
3 appropriations preserve the receipts to the Fund derived from
4 Section 9a of the "Timber Buyers Licensing Act".
5 (Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.)
 
6     Section 25. The Snowmobile Registration and Safety Act is
7 amended by changing Section 9-1 as follows:
 
8     (625 ILCS 40/9-1)  (from Ch. 95 1/2, par. 609-1)
9     Sec. 9-1. Special fund. Except as provided in Section 9-2,
10 all revenues received under this Act, including registration
11 fees, fines, bond forfeitures or other income of whatever kind
12 or nature shall be deposited in the State Treasury in "The
13 State Boating Act Fund". Except for the additional moneys
14 deposited under Section 805-550 of the Department of Natural
15 Resources (Conservation) Law of the Civil Administrative Code
16 of Illinois, appropriations Appropriations of revenue received
17 as a result of this Act from "The State Boating Act Fund" shall
18 be made only to the Department for administering the
19 registration of snowmobiles, snowmobile safety, snowmobile
20 safety education and enforcement provisions of this Act or for
21 any purpose related or connected thereto, including the
22 construction, maintenance, and rehabilitation of snowmobile
23 recreation areas or any other facilities for the use of
24 snowmobiles, including plans and specifications, engineering

 

 

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1 surveys and supervision and land acquisition where necessary,
2 and including the disbursement of funds to political
3 subdivisions upon written application to and subsequent
4 approval by the Department for construction, maintenance, and
5 rehabilitation of snowmobile recreation areas or any other
6 facilities for the use of snowmobiles, including plans and
7 specifications, engineering surveys and supervision and land
8 acquisition where necessary.
9 (Source: P.A. 82-195.)".