Illinois General Assembly - Full Text of SB3908
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Full Text of SB3908  102nd General Assembly

SB3908eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3908 EngrossedLRB102 24759 NLB 33999 b

1    AN ACT concerning natural resources.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Civil Administrative Code of Illinois is
5amended 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
8Advisory Board to the Department of Natural Resources,
9composed of 13 persons, one of whom shall be a senior citizen
10age 60 or over. Of the 13 appointed members, at least 2 shall
11represent hunting and fishing interests, 2 shall represent
12natural areas protection interests, 2 shall represent urban
13conservation interests, one shall represent parks and
14recreation interests, one shall represent outdoor powersport
15usage interests, one shall be a member of a statewide
16association of trappers and represent trapping interests, one
17shall represent forestry interests, and the remaining 3 shall
18be residents of this State. The Governor shall appoint a chair
19who will preside over the Board's meetings.
20    In the appointment of the initial members the Governor
21shall designate 3 persons to serve for 2 years, 3 for 4 years,
22and 3 for 6 years from the third Monday in January of the
23odd-numbered year in which the term commences. The members

 

 

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1first appointed under this amendatory Act of 1984 shall serve
2a term of 6 years commencing on the third Monday in January,
31985. The members first appointed under this amendatory Act of
4the 91st General Assembly shall each be appointed to a term of
5office to expire on the third Monday in January of 2006. All
6subsequent appointments shall be for terms of 6 years.
7    Notwithstanding any provision of law to the contrary, the
8term of office of each member of the Board is abolished on
9August 1, 2022. Incumbent members holding a position on the
10Board on August 1, 2022 may be reappointed. In making
11appointments to fill the vacancies created on August 1, 2022,
12the Governor shall designate 4 members to serve until the
13third Monday of January, 2024, 4 members to serve until the
14third Monday of January, 2025, and 5 members to serve until the
15third Monday of January, 2026. All newly appointed members
16shall serve until their successors are appointed and
17qualified. Their successors shall be appointed to serve for
183-year terms expiring on the 3rd anniversary of their
19appointment or until their successors are appointed and
20qualified. Each subsequent appointment shall be for a term of
213 years.
22    The Advisory Board shall formulate and present long range
23recommendations to policies for guidance of the Department in:
24the protection and conservation of renewable resources of the
25State of Illinois; the development of areas and facilities for
26outdoor recreation; the proper restoration and management of

 

 

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1forest and woodland resources for forest products and
2ecosystem services prevention of timber destruction and other
3forest growth by fire or otherwise; the reforestation of
4suitable lands of this State; the extension of cooperative
5support to other agencies of this State in preventing and
6guarding against the pollution of streams and lakes within the
7State; the management of fish and the wildlife resources and
8the habitats upon which they depend, including species of
9greatest conservation need migratory fowl, and fisheries
10resources, including the construction of new water impoundment
11areas; the development of an adequate research program for
12fish, wildlife game, and forestry, and conservation of the
13State's biodiversity through cooperation with and support of
14the Illinois Natural History Survey and the State University
15system; the development and dissemination of information and
16educational resources that promote a conservation-literate
17population; the development of innovative partnerships that
18assist the Department in accomplishing its broad mission; the
19Department's grant programs; and the development of law and
20policy expressing of policies for proper dissemination of and
21enforcement of the various laws pertinent to the conservation
22programs program of Illinois and the nation.
23    The Board shall make a study of the personnel structure of
24the Department and shall, from time to time, make
25recommendations to the Governor and the Director of Natural
26Resources for a merit system of employment and for the

 

 

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1revision of the position classification to the extent which
2Civil Service classification should apply in departmental
3positions.
4    The Board may advise on shall make studies of the land
5acquisition needs of the Department and make recommendations
6from time to time as to necessary acquisition of lands for fish
7fisheries, wildlife game, forestry, conservation of natural
8areas, and recreational development.
9    The Board may recommend to the Director of Natural
10Resources any reductions or increases of seasons and bag or
11possession limits or the closure of any season when research
12and inventory data indicate the need for those changes.
13    Board members shall be reimbursed for any necessary travel
14expenses incurred in the performance of their duties.
15(Source: P.A. 90-435, eff. 1-1-98; 91-239, eff. 1-1-00;
1691-798, eff. 7-9-00.)
 
17    Section 10. The Wildlife Code is amended by changing
18Section 1.3 as follows:
 
19    (520 ILCS 5/1.3)
20    Sec. 1.3. The Department shall have the authority to
21manage wildlife and regulate the taking of wildlife for the
22purposes of providing public recreation and controlling
23wildlife populations. The seasons during which wildlife may be
24taken, the methods for taking wildlife, the daily bag limits,

 

 

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1and the possession limits shall be established by the
2Department through administrative rule, but the Department may
3not provide for a longer season, a larger daily bag limit, or a
4larger possession limit than is provided in this Code.
5    The Natural Resources Advisory Board may also recommend to
6the Director of Natural Resources any reductions or increases
7of seasons and bag or possession limits or the closure of any
8season when research and inventory data indicate the need for
9such changes.
10    The Department is authorized to establish seasons for the
11taking of migratory birds within the dates established
12annually by Proclamation of the Secretary, United States
13Department of the Interior, known as the "Rules and
14Regulations for Migratory Bird Hunting" (50 CFR 20 et seq.).
15When the biological balance of any species is affected, the
16Director may with the approval of the Conservation Advisory
17Board, by administrative rule, lengthen, shorten or close the
18season during which waterfowl may be taken within the federal
19limitations prescribed. If the Department does not adopt an
20administrative rule establishing a season, then the season
21shall be as set forth in the current "Rules and Regulations for
22Migratory Bird Hunting". The Department shall advise the
23public by reasonable means of the dates of the various
24seasons.
25    The Department may utilize the services of the staff of
26the Illinois Natural History Survey of the University of

 

 

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1Illinois for making investigations as to the population status
2of the various species of wildlife.
3    Employees or agents of any state, federal, or municipal
4government or body when engaged in investigational work and
5law enforcement, may with prior approval of the Director, be
6exempted 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
9changing Sections 15 and 25 as follows:
 
10    (525 ILCS 33/15)
11    Sec. 15. Powers and duties. The Department of Natural
12Resources has the following powers and duties:
13    (a) To develop and administer the Illinois Open Land Trust
14program.
15    (b) To acquire real property, including, but not limited
16to, open space and natural areas for conservation and
17recreation purposes. The lands shall be held in (i) fee simple
18title or (ii) conservation easements for natural areas,
19provided that these mechanisms are all voluntary on the part
20of the landowners and do not involve the use of eminent domain.
21    (c) To make grants to units of local government under
22Section 25 of this Act in consultation with the Natural
23Resources Advisory Board.
24    (d) To make loans to units of local government under

 

 

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1Section 30 of this Act in consultation with the Natural
2Resources Advisory Board.
3    (e) To promulgate any rules, regulations, guidelines, and
4directives necessary to implement the purposes of this Act.
5    (f) To execute contracts, grant or loan agreements,
6memoranda of understanding, intergovernmental cooperation
7agreements, and any other agreements with other State agencies
8and units of local government that are necessary to implement
9this Act.
10    (g) To execute contracts, memoranda of understanding, and
11any other agreements with not-for-profit corporations that are
12consistent with the purpose of this Act.
13    (h) To accept grants, loans, or appropriations from the
14federal government or the State, or any agency or
15instrumentality thereof, for the purposes of the Department
16under this Act, including to make loans of any funds and to
17enter into any agreement with the federal government or the
18State, or any agency or instrumentality thereof, in
19relationship to the grants, loans, or appropriations.
20    (i) To establish any interest rates, terms of repayment,
21and other terms and conditions regarding loans made pursuant
22to this Act that the Department deems necessary or appropriate
23to protect the public interest and carry out the purposes of
24this Act.
25    (j) To establish application, eligibility, selection,
26notification, contract, and other procedures, rules, or

 

 

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1regulations deemed necessary and appropriate to carry out the
2provisions of this Act.
3    (k) To fix, determine, charge, and collect any premiums,
4fees, charges, costs, and expenses, including, without
5limitation, any application fees, commitment fees, program
6fees, or financing charges from any person in connection with
7its activities under this Act.
8    (l) To report annually to the Governor and the General
9Assembly on the progress made in implementing this Act and on
10the 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
14purposes, the Department may make grants to units of local
15government as financial assistance for the acquisition of open
16space and natural lands if the Department determines that the
17property interests are sufficient to carry out the purposes of
18this Act.
19    The Department shall adopt rules concerning the selection
20or grant recipients, amount of grant awards, and eligibility
21requirements. The rules must include the following additional
22requirements:
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.)