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

SB3908sam001 102ND GENERAL ASSEMBLY

Sen. Doris Turner

Filed: 2/7/2022

 

 


 

 


 
10200SB3908sam001LRB102 24759 NLB 35412 a

1
AMENDMENT TO SENATE BILL 3908

2    AMENDMENT NO. ______. Amend Senate Bill 3908 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, and one shall represent forestry
15interests. The Governor shall appoint a chair who will preside
16over the Board's meetings.

 

 

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1    In the appointment of the initial members the Governor
2shall designate 3 persons to serve for 2 years, 3 for 4 years,
3and 3 for 6 years from the third Monday in January of the
4odd-numbered year in which the term commences. The members
5first appointed under this amendatory Act of 1984 shall serve
6a term of 6 years commencing on the third Monday in January,
71985. The members first appointed under this amendatory Act of
8the 91st General Assembly shall each be appointed to a term of
9office to expire on the third Monday in January of 2006. All
10subsequent appointments shall be for terms of 6 years.
11    Notwithstanding any provision of law to the contrary, the
12term of office of each member of the Board is abolished on
13August 1, 2022. Incumbent members holding a position on the
14Board on August 1, 2022 may be reappointed. In making
15appointments to fill the vacancies created on August 1, 2022,
16the Governor shall designate 4 members to serve until the
17third Monday of January, 2024, 4 members to serve until the
18third Monday of January, 2025, and 5 members to serve until the
19third Monday of January, 2026. All newly appointed members
20shall serve until their successors are appointed and
21qualified. Their successors shall be appointed to serve for
223-year terms expiring on the 3rd anniversary of their
23appointment or until their successors are appointed and
24qualified. Each subsequent appointment shall be for a term of
253 years.
26    The Advisory Board shall formulate and present long range

 

 

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1recommendations to policies for guidance of the Department in:
2the protection and conservation of renewable resources of the
3State, including, but not limited to, support for the
4conservation of privately owned land of Illinois; the
5development of areas and facilities for outdoor recreation;
6the proper restoration and management of forest and woodland
7resources for forest products and ecosystem services
8prevention of timber destruction and other forest growth by
9fire or otherwise; the reforestation of suitable lands of this
10State; the extension of cooperative support to other agencies
11of this State in preventing and guarding against the pollution
12of streams and lakes within the State; the management of fish
13and the wildlife resources and the habitats upon which they
14depend, including species of greatest conservation need
15migratory fowl, and fisheries resources, including the
16construction of new water impoundment areas; the development
17of an adequate research program for fish, wildlife game, and
18forestry, and conservation of the State's biodiversity through
19cooperation with and support of the Illinois Natural History
20Survey and the State University system; the development and
21dissemination of information and educational resources that
22promote a conservation-literate population; the development of
23innovative partnerships that assist the Department in
24accomplishing its broad mission; the Department's grant
25programs; and the development of law and policy expressing of
26policies for proper dissemination of and enforcement of the

 

 

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1various laws pertinent to the conservation programs program of
2Illinois and the nation.
3    The Board shall make a study of the personnel structure of
4the Department and shall, from time to time, make
5recommendations to the Governor and the Director of Natural
6Resources for a merit system of employment and for the
7revision of the position classification to the extent which
8Civil Service classification should apply in departmental
9positions.
10    The Board may advise on shall make studies of the land
11acquisition needs of the Department and make recommendations
12from time to time as to necessary acquisition of lands for fish
13fisheries, wildlife game, forestry, conservation of natural
14areas, and recreational development.
15    The Board may recommend to the Director of Natural
16Resources any reductions or increases of seasons and bag or
17possession limits or the closure of any season when research
18and inventory data indicate the need for those changes.
19    Board members shall be reimbursed for any necessary travel
20expenses incurred in the performance of their duties.
21(Source: P.A. 90-435, eff. 1-1-98; 91-239, eff. 1-1-00;
2291-798, eff. 7-9-00.)
 
23    Section 10. The Wildlife Code is amended by changing
24Section 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
26administrative rule establishing a season, then the season

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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