Illinois General Assembly - Full Text of HB4713
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Full Text of HB4713  102nd General Assembly

HB4713ham002 102ND GENERAL ASSEMBLY

Rep. Lawrence Walsh, Jr.

Filed: 2/22/2022

 

 


 

 


 
10200HB4713ham002LRB102 25046 NLB 36631 a

1
AMENDMENT TO HOUSE BILL 4713

2    AMENDMENT NO. ______. Amend House Bill 4713 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1shall represent forestry interests, and the remaining 3 shall
2be residents of this State. The Governor shall appoint a chair
3who will preside over the Board's meetings.
4    In the appointment of the initial members the Governor
5shall designate 3 persons to serve for 2 years, 3 for 4 years,
6and 3 for 6 years from the third Monday in January of the
7odd-numbered year in which the term commences. The members
8first appointed under this amendatory Act of 1984 shall serve
9a term of 6 years commencing on the third Monday in January,
101985. The members first appointed under this amendatory Act of
11the 91st General Assembly shall each be appointed to a term of
12office to expire on the third Monday in January of 2006. All
13subsequent appointments shall be for terms of 6 years.
14    Notwithstanding any provision of law to the contrary, the
15term of office of each member of the Board is abolished on
16August 1, 2022. Incumbent members holding a position on the
17Board on August 1, 2022 may be reappointed. In making
18appointments to fill the vacancies created on August 1, 2022,
19the Governor shall designate 4 members to serve until the
20third Monday of January, 2024, 4 members to serve until the
21third Monday of January, 2025, and 5 members to serve until the
22third Monday of January, 2026. All newly appointed members
23shall serve until their successors are appointed and
24qualified. Their successors shall be appointed to serve for
253-year terms expiring on the 3rd anniversary of their
26appointment or until their successors are appointed and

 

 

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1qualified. Each subsequent appointment shall be for a term of
23 years.
3    The Advisory Board shall formulate and present long range
4recommendations to policies for guidance of the Department in:
5the protection and conservation of renewable resources of the
6State of Illinois; the development of areas and facilities for
7outdoor recreation; the proper restoration and management of
8forest and woodland resources for forest products and
9ecosystem services prevention of timber destruction and other
10forest growth by fire or otherwise; the reforestation of
11suitable lands of this State; the extension of cooperative
12support to other agencies of this State in preventing and
13guarding against the pollution of streams and lakes within the
14State; the management of fish and the wildlife resources and
15the habitats upon which they depend, including species of
16greatest conservation need migratory fowl, and fisheries
17resources, including the construction of new water impoundment
18areas; the development of an adequate research program for
19fish, wildlife game, and forestry, and conservation of the
20State's biodiversity through cooperation with and support of
21the Illinois Natural History Survey and the State University
22system; the development and dissemination of information and
23educational resources that promote a conservation-literate
24population; the development of innovative partnerships that
25assist the Department in accomplishing its broad mission; the
26Department's grant programs; and the development of law and

 

 

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1policy expressing of policies for proper dissemination of and
2enforcement of the various laws pertinent to the conservation
3programs program of Illinois and the nation.
4    The Board shall make a study of the personnel structure of
5the Department and shall, from time to time, make
6recommendations to the Governor and the Director of Natural
7Resources for a merit system of employment and for the
8revision of the position classification to the extent which
9Civil Service classification should apply in departmental
10positions.
11    The Board may advise on shall make studies of the land
12acquisition needs of the Department and make recommendations
13from time to time as to necessary acquisition of lands for fish
14fisheries, wildlife game, forestry, conservation of natural
15areas, and recreational development.
16    The Board may recommend to the Director of Natural
17Resources any reductions or increases of seasons and bag or
18possession limits or the closure of any season when research
19and inventory data indicate the need for those changes.
20    Board members shall be reimbursed for any necessary travel
21expenses incurred in the performance of their duties.
22(Source: P.A. 90-435, eff. 1-1-98; 91-239, eff. 1-1-00;
2391-798, eff. 7-9-00.)
 
24    Section 10. The Wildlife Code is amended by changing
25Section 1.3 as follows:
 

 

 

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1    (520 ILCS 5/1.3)
2    Sec. 1.3. The Department shall have the authority to
3manage wildlife and regulate the taking of wildlife for the
4purposes of providing public recreation and controlling
5wildlife populations. The seasons during which wildlife may be
6taken, the methods for taking wildlife, the daily bag limits,
7and the possession limits shall be established by the
8Department through administrative rule, but the Department may
9not provide for a longer season, a larger daily bag limit, or a
10larger possession limit than is provided in this Code.
11    The Natural Resources Advisory Board may also recommend to
12the Director of Natural Resources any reductions or increases
13of seasons and bag or possession limits or the closure of any
14season when research and inventory data indicate the need for
15such changes.
16    The Department is authorized to establish seasons for the
17taking of migratory birds within the dates established
18annually by Proclamation of the Secretary, United States
19Department of the Interior, known as the "Rules and
20Regulations for Migratory Bird Hunting" (50 CFR 20 et seq.).
21When the biological balance of any species is affected, the
22Director may with the approval of the Conservation Advisory
23Board, by administrative rule, lengthen, shorten or close the
24season during which waterfowl may be taken within the federal
25limitations prescribed. If the Department does not adopt an

 

 

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1administrative rule establishing a season, then the season
2shall be as set forth in the current "Rules and Regulations for
3Migratory Bird Hunting". The Department shall advise the
4public by reasonable means of the dates of the various
5seasons.
6    The Department may utilize the services of the staff of
7the Illinois Natural History Survey of the University of
8Illinois for making investigations as to the population status
9of the various species of wildlife.
10    Employees or agents of any state, federal, or municipal
11government or body when engaged in investigational work and
12law enforcement, may with prior approval of the Director, be
13exempted from the provisions of this Act.
14(Source: P.A. 98-346, eff. 8-14-13.)
 
15    Section 15. The Illinois Open Land Trust Act is amended by
16changing Sections 15 and 25 as follows:
 
17    (525 ILCS 33/15)
18    Sec. 15. Powers and duties. The Department of Natural
19Resources has the following powers and duties:
20    (a) To develop and administer the Illinois Open Land Trust
21program.
22    (b) To acquire real property, including, but not limited
23to, open space and natural areas for conservation and
24recreation purposes. The lands shall be held in (i) fee simple

 

 

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1title or (ii) conservation easements for natural areas,
2provided that these mechanisms are all voluntary on the part
3of the landowners and do not involve the use of eminent domain.
4    (c) To make grants to units of local government under
5Section 25 of this Act in consultation with the Natural
6Resources Advisory Board.
7    (d) To make loans to units of local government under
8Section 30 of this Act in consultation with the Natural
9Resources Advisory Board.
10    (e) To promulgate any rules, regulations, guidelines, and
11directives necessary to implement the purposes of this Act.
12    (f) To execute contracts, grant or loan agreements,
13memoranda of understanding, intergovernmental cooperation
14agreements, and any other agreements with other State agencies
15and units of local government that are necessary to implement
16this Act.
17    (g) To execute contracts, memoranda of understanding, and
18any other agreements with not-for-profit corporations that are
19consistent with the purpose of this Act.
20    (h) To accept grants, loans, or appropriations from the
21federal government or the State, or any agency or
22instrumentality thereof, for the purposes of the Department
23under this Act, including to make loans of any funds and to
24enter into any agreement with the federal government or the
25State, or any agency or instrumentality thereof, in
26relationship to the grants, loans, or appropriations.

 

 

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1    (i) To establish any interest rates, terms of repayment,
2and other terms and conditions regarding loans made pursuant
3to this Act that the Department deems necessary or appropriate
4to protect the public interest and carry out the purposes of
5this Act.
6    (j) To establish application, eligibility, selection,
7notification, contract, and other procedures, rules, or
8regulations deemed necessary and appropriate to carry out the
9provisions of this Act.
10    (k) To fix, determine, charge, and collect any premiums,
11fees, charges, costs, and expenses, including, without
12limitation, any application fees, commitment fees, program
13fees, or financing charges from any person in connection with
14its activities under this Act.
15    (l) To report annually to the Governor and the General
16Assembly on the progress made in implementing this Act and on
17the status of all real property acquired pursuant to the Act.
18(Source: P.A. 91-220, eff. 7-21-99.)
 
19    (525 ILCS 33/25)
20    Sec. 25. Grant program. From appropriations for these
21purposes, the Department may make grants to units of local
22government as financial assistance for the acquisition of open
23space and natural lands if the Department determines that the
24property interests are sufficient to carry out the purposes of
25this Act.

 

 

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1    The Department shall adopt rules concerning the selection
2or grant recipients, amount of grant awards, and eligibility
3requirements. The rules must include the following additional
4requirements:
5        (1) No more than $2,000,000 may be awarded to any
6    grantee for a single project for any fiscal year.
7        (2) Any grant under this Act must be conditioned upon
8    the grantee providing a required match as defined by rule.
9        (3) Funds may be used only to purchase interests in
10    land from willing sellers and may not involve the use of
11    eminent domain.
12        (4) (Blank). The Department shall provide for a public
13    meeting to be conducted by the Natural Resources Advisory
14    Board prior to grant approval.
15        (5) All real property acquired with grant funds must
16    be accessible to the public for conservation and
17    recreation purposes, unless the Department determines that
18    public accessibility would be detrimental to the real
19    property or any associated natural resources.
20        (6) No real property acquired with grant funds may be
21    sold, leased, exchanged, or otherwise encumbered, unless
22    it is used to qualify for a federal program or, subject to
23    Department approval, transferred to the federal
24    government, the State, or a unit of local government for
25    conservation and recreation purposes consistent with this
26    Act.

 

 

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1        (7) All grantees must agree to convey to the State at
2    no charge a conservation easement on the lands to be
3    acquired using the grant funds.
4        (8) Grantees must agree to manage lands in accordance
5    with the terms of the grant. Any changes in management
6    must be approved by the Department before implementation.
7        (9) The Department is authorized to promulgate, by
8    rule, any other reasonable requirements determined
9    necessary to effectively implement this Act.
10(Source: P.A. 91-220, eff. 7-21-99.)".