95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3571


 
Introduced 2/28/2007, by Rep. Dan Reitz
 
SYNOPSIS AS INTRODUCED:
 		






















515 ILCS 5/1-230
  from Ch. 56, par. 1-230


515 ILCS 5/30-15
  from Ch. 56, par. 30-15


520 ILCS 5/1.28
  from Ch. 61, par. 1.28


520 ILCS 15/1
  from Ch. 61, par. 133


520 ILCS 15/2
  from Ch. 61, par. 134







    Amends the Fish and Aquatic Life Code, the Wildlife Code, and the Wildlife Restoration Cooperation Act. Provides that certain appropriations and funds shall be used by the Department for the administration and management of fish and wildlife resources of this State. Provides that the Department is required to comply with certain rules and
regulations promulgated by the U.S. Secretary of the Interior (now the Secretary of Agriculture). Effective immediately.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB3571

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    AN ACT concerning fish and wildlife.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Fish and Aquatic Life Code is amended  by 
5
changing Sections 1-230 and 30-15 as follows:
 



6
    (515 ILCS 5/1-230)  (from Ch. 56, par. 1-230)



7
    Sec. 1-230. Wildlife and Fish Fund; disposition of money

8
received.  All fees, fines, income of whatever kind or nature 
9
derived
from hunting and fishing activities on lands, waters, 
10
or both under the
jurisdiction or control of the Department, 
11
and all penalties collected under
this Code shall be deposited 
12
into the State Treasury and
shall be set apart in a special 
13
fund to be known as the Wildlife and Fish
Fund; except that 
14
fees derived solely from the sale of salmon stamps, income
from 
15
art contests for the salmon stamp, including income from the 
16
sale
of reprints, and gifts, donations, grants, and bequests of 
17
money for the
conservation and propagation of salmon shall be 
18
deposited into the State
Treasury and set apart in the special 
19
fund to be known as the Salmon
Fund; and except that fees 
20
derived solely from the sale of state
migratory waterfowl 
21
stamps, and gifts, donations, grants and bequests of
money for 
22
the conservation and propagation of waterfowl, shall be 
23
deposited
into the State Treasury and set apart in the special 
 


 






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fund to be known as the
State Migratory Waterfowl Stamp Fund. 
2
All interest that accrues from moneys
in the Wildlife and Fish 
3
Fund, the Salmon Fund, and the State Migratory
Waterfowl Stamp 
4
Fund shall be retained in those funds respectively.

5
Appropriations from the Wildlife and Fish Fund shall be made 
6
only to the
Department for the carrying out of the powers and 
7
functions vested by law
in the Department for the 
8
administration and management of fish and wildlife resources of 
9
this State for such activities as
, including (i) the purchase 
10
of land for fish hatcheries,
wildlife refuges, preserves, and 
11
public shooting and fishing grounds; (ii)
the purchase and 
12
distribution of wild birds, the eggs of wild birds, and
wild 
13
mammals; (iii) the rescuing, restoring and distributing of 
14
fish; (iv)
the maintenance of wildlife refuges or preserves, 
15
public shooting grounds,
public fishing grounds, and fish 
16
hatcheries; and (v) the feeding and care
of wild birds, wild 
17
mammals, and fish. Appropriations from the Salmon Fund
shall be 
18
made only to the Department to be used solely for the 
19
conservation
and propagation of salmon, including 
20
construction, operation, and
maintenance of a cold water 
21
hatchery, and for payment of the costs of
printing salmon 
22
stamps, the expenses incurred in acquiring salmon stamp

23
designs, and the expenses of producing reprints.

24
    Appropriations from the State Migratory Waterfowl Stamp 
25
Fund shall be
made only to the Department to be used solely for 
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the following purposes:


 


 






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        (a) 50% of funds derived from the sale of State 
2
    migratory waterfowl
stamps and 100% of all gifts, 
3
    donations, grants, and bequests of money for
the 
4
    conservation and propagation of waterfowl for projects 
5
    approved by
the Department shall be used for the purpose of 
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    attracting waterfowl and
improving public migratory 
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    waterfowl areas within the State. These projects
may 
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    include the repair, maintenance, and operation of these 
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    areas only in
emergencies as determined by the State Duck 
10
    Stamp Committee; but none of
the moneys spent within the 
11
    State shall be used for administrative expenses.


12
        (b) 50% of funds derived from the sale of State 
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    migratory waterfowl
stamps shall be turned over by the 
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    Department to appropriate non-profit
organizations for the 
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    development of waterfowl propagation areas within the

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    Dominion of Canada or the United States that specifically 
17
    provide
waterfowl for the Mississippi Flyway.  Before 
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    turning over any moneys from
the State Migratory Waterfowl 
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    Stamp Fund, the Department shall obtain
evidence that the 
20
    project is acceptable to the appropriate governmental

21
    agency of the Dominion of Canada or the United States or of 
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    one of
its Provinces or States having jurisdiction over the 
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    lands and waters
affected by the project and shall consult 
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    those agencies and the State
Duck Stamp Committee for 
25
    approval before allocating funds.

26
(Source: P.A. 90-743, eff. 1-1-99.)

 



 


 






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    (515 ILCS 5/30-15)  (from Ch. 56, par. 30-15)



2
    Sec. 30-15. Use of license fees. No funds accruing to the 
3
State of
Illinois from license fees paid by fishermen shall be 
4
diverted for any
other purpose than the administration of the 
5
Department of Natural
Resources for the  management of fish and 
6
wildlife resources of the State.

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

 
8
    Section 10. The Wildlife Code is amended  by changing 
9
Section 1.28 as follows:
 



10
    (520 ILCS 5/1.28)  (from Ch. 61, par. 1.28)



11
    Sec. 1.28. Fees and fines; deposit in funds. All fees, 
12
fines,
including bond forfeitures, income of whatsoever
kind or 
13
nature derived from hunting and fishing activities on lands or 
14
waters
or both under the jurisdiction or control of the 
15
Department, and all penalties
collected under this Act shall be 
16
deposited in the State Treasury and
shall be set apart in a 
17
special fund to be known as the "Wildlife and Fish
Fund"; 
18
except that fees derived solely from the sale of salmon stamps,

19
income from art contests for the salmon stamp, including income 
20
from the
sale of reprints, and gifts, donations, grants and 
21
bequests of money for
the conservation and propagation of 
22
salmon shall be deposited in the State
Treasury and set apart 
23
in the special fund to be known as the "Salmon
Fund"; and 
 


 






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except that fees derived solely from the sale of state 
2
migratory
waterfowl stamps, and gifts, donations, grants and 
3
bequests of money for
the conservation and propagation of 
4
waterfowl shall be deposited in the
special fund to be known as 
5
the "State Migratory Waterfowl Stamp Fund";
and except that, of 
6
fees derived
solely from the sale of State Habitat Stamps, 64% 
7
shall be deposited into the Illinois Habitat Fund, 30% into the 
8
State Pheasant Fund,
and 6% into the State Furbearer Fund. 
9
Income generated from the sale of
artwork associated with the 
10
State Habitat Stamps shall be deposited into
the Illinois 
11
Habitat Fund.
All interest that accrues from monies deposited 
12
into the Wildlife and
Fish Fund, the Salmon Fund, the State 
13
Migratory Waterfowl Stamp Fund, the
State Furbearer Fund, the 
14
State Pheasant Fund, and the
Illinois Habitat Fund shall be 
15
deposited into those funds, respectively.
Appropriations from 
16
the "Wildlife and
Fish Fund" shall be made only to the 
17
Department for the carrying out of
the powers and functions 
18
vested by law in the Department for the administration and 
19
management of fish and wildlife resources of this State for 
20
such activities as
, including but
not limited to the purchase 
21
of land for fish hatcheries, wildlife refuges,
preserves and 
22
public shooting and fishing grounds; the purchase and

23
distribution of wild birds, the eggs of wild birds, and wild 
24
mammals for
rescuing, restoring and distributing fish; the 
25
maintenance of wildlife
refuges, or preserves,  public shooting 
26
grounds, public fishing grounds and
fish hatcheries; and the 
 


 






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feeding and care of wild birds, wild
animals and fish.

2
(Source: P.A. 87-135; 87-1015.)

 
3
    Section 15. The Wildlife Restoration Cooperation Act is 
4
amended  by changing Sections 1 and 2 as follows:
 



5
    (520 ILCS 15/1)  (from Ch. 61, par. 133)



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    Sec. 1. The State of Illinois, hereby assents to the 
7
provisions of the act
of Congress entitled "An Act to provide 
8
that the United States shall aid the
States in 
9
wildlife-restoration projects, and for other purposes," 
10
approved
September 2, 1937 (Public No. 415, 75th Congress), and 
11
the Department of
Natural Resources is hereby authorized, 
12
empowered, and
directed to perform such acts as may be 
13
necessary for the conduct and
establishment of cooperative 
14
wildlife-restoration projects, as defined in said
Act of 
15
Congress, in compliance with that Act and with rules and

16
regulations promulgated by the Secretary of the Interior

17
Agriculture thereunder.

18
(Source: P.A. 89-445, eff. 2-7-96.)

 



19
    (520 ILCS 15/2)  (from Ch. 61, par. 134)



20
    Sec. 2. No funds accruing to the State of Illinois from 
21
license fees paid by
hunters shall be diverted for any other 
22
purpose than the administration
of the Department of Natural 
23
Resources for the management of fish and wildlife resources of 
 


 






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the State
said Department.

2
(Source: Laws 1939, p. 651.)

 

3
    Section 99. Effective date. This Act takes effect upon 
4
becoming law.