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

SB3908sam002 102ND GENERAL ASSEMBLY

Sen. Doris Turner

Filed: 2/18/2022

 

 


 

 


 
10200SB3908sam002LRB102 24759 NLB 36632 a

1
AMENDMENT TO SENATE BILL 3908

2    AMENDMENT NO. ______. Amend Senate Bill 3908, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Civil Administrative Code of Illinois is
6amended by changing Section 5-560 as follows:
 
7    (20 ILCS 5/5-560)  (was 20 ILCS 5/6.08)
8    Sec. 5-560. In the Department of Natural Resources. An
9Advisory Board to the Department of Natural Resources,
10composed of 13 persons, one of whom shall be a senior citizen
11age 60 or over. Of the 13 appointed members, at least 2 shall
12represent hunting and fishing interests, 2 shall represent
13natural areas protection interests, 2 shall represent urban
14conservation interests, one shall represent parks and
15recreation interests, one shall represent outdoor powersport
16usage interests, one shall be a member of a statewide

 

 

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1association of trappers and represent trapping interests, one
2shall represent forestry interests, and the remaining 3 shall
3be residents of this State. The Governor shall appoint a chair
4who will preside over the Board's meetings.
5    In the appointment of the initial members the Governor
6shall designate 3 persons to serve for 2 years, 3 for 4 years,
7and 3 for 6 years from the third Monday in January of the
8odd-numbered year in which the term commences. The members
9first appointed under this amendatory Act of 1984 shall serve
10a term of 6 years commencing on the third Monday in January,
111985. The members first appointed under this amendatory Act of
12the 91st General Assembly shall each be appointed to a term of
13office to expire on the third Monday in January of 2006. All
14subsequent appointments shall be for terms of 6 years.
15    Notwithstanding any provision of law to the contrary, the
16term of office of each member of the Board is abolished on
17August 1, 2022. Incumbent members holding a position on the
18Board on August 1, 2022 may be reappointed. In making
19appointments to fill the vacancies created on August 1, 2022,
20the Governor shall designate 4 members to serve until the
21third Monday of January, 2024, 4 members to serve until the
22third Monday of January, 2025, and 5 members to serve until the
23third Monday of January, 2026. All newly appointed members
24shall serve until their successors are appointed and
25qualified. Their successors shall be appointed to serve for
263-year terms expiring on the 3rd anniversary of their

 

 

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1appointment or until their successors are appointed and
2qualified. Each subsequent appointment shall be for a term of
33 years.
4    The Advisory Board shall formulate and present long range
5recommendations to policies for guidance of the Department in:
6the protection and conservation of renewable resources of the
7State of Illinois; the development of areas and facilities for
8outdoor recreation; the proper restoration and management of
9forest and woodland resources for forest products and
10ecosystem services prevention of timber destruction and other
11forest growth by fire or otherwise; the reforestation of
12suitable lands of this State; the extension of cooperative
13support to other agencies of this State in preventing and
14guarding against the pollution of streams and lakes within the
15State; the management of fish and the wildlife resources and
16the habitats upon which they depend, including species of
17greatest conservation need migratory fowl, and fisheries
18resources, including the construction of new water impoundment
19areas; the development of an adequate research program for
20fish, wildlife game, and forestry, and conservation of the
21State's biodiversity through cooperation with and support of
22the Illinois Natural History Survey and the State University
23system; the development and dissemination of information and
24educational resources that promote a conservation-literate
25population; the development of innovative partnerships that
26assist the Department in accomplishing its broad mission; the

 

 

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1Department's grant programs; and the development of law and
2policy expressing of policies for proper dissemination of and
3enforcement of the various laws pertinent to the conservation
4programs program of Illinois and the nation.
5    The Board shall make a study of the personnel structure of
6the Department and shall, from time to time, make
7recommendations to the Governor and the Director of Natural
8Resources for a merit system of employment and for the
9revision of the position classification to the extent which
10Civil Service classification should apply in departmental
11positions.
12    The Board may advise on shall make studies of the land
13acquisition needs of the Department and make recommendations
14from time to time as to necessary acquisition of lands for fish
15fisheries, wildlife game, forestry, conservation of natural
16areas, and recreational development.
17    The Board may recommend to the Director of Natural
18Resources any reductions or increases of seasons and bag or
19possession limits or the closure of any season when research
20and inventory data indicate the need for those changes.
21    Board members shall be reimbursed for any necessary travel
22expenses incurred in the performance of their duties.
23(Source: P.A. 90-435, eff. 1-1-98; 91-239, eff. 1-1-00;
2491-798, eff. 7-9-00.)
 
25    Section 10. The Wildlife Code is amended by changing

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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