HB3571 95TH GENERAL ASSEMBLY

LRB095 11348 CMK 32089 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning fish and wildlife.

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

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

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

Sec. 1-230. Wildlife and Fish Fund; disposition of money received. All fees, fines, income of whatever kind or nature derived from hunting and fishing activities on lands, waters, or both under the jurisdiction or control of the Department, and all penalties collected under this Code shall be deposited into the State Treasury and shall be set apart in a special fund to be known as the Wildlife and Fish Fund; except that fees derived solely from the sale of salmon stamps, income from art contests for the salmon stamp, including income from the sale of reprints, and gifts, donations, grants, and bequests of money for the conservation and propagation of salmon shall be deposited into the State Treasury and set apart in the special fund to be known as the Salmon Fund; and except that fees derived solely from the sale of state migratory waterfowl stamps, and gifts, donations, grants and bequests of money for the conservation and propagation of waterfowl, shall be deposited into the State Treasury and set apart in the special fund to be known as the State Migratory Waterfowl Stamp Fund. All interest that accrues from moneys in the Wildlife and Fish Fund, the Salmon Fund, and the State Migratory Waterfowl Stamp Fund shall be retained in those funds respectively. Appropriations from the Wildlife and Fish Fund shall be made only to the Department for the carrying out of the powers and functions vested by law in the Department for the administration and management of fish and wildlife resources of this State for such activities as , including (i) the purchase of land for fish hatcheries, wildlife refuges, preserves, and public shooting and fishing grounds; (ii) the purchase and distribution of wild birds, the eggs of wild birds, and wild mammals; (iii) the rescuing, restoring and distributing of fish; (iv) the maintenance of wildlife refuges or preserves, public shooting grounds, public fishing grounds, and fish hatcheries; and (v) the feeding and care of wild birds, wild mammals, and fish. Appropriations from the Salmon Fund shall be made only to the Department to be used solely for the conservation and propagation of salmon, including construction, operation, and maintenance of a cold water hatchery, and for payment of the costs of printing salmon stamps, the expenses incurred in acquiring salmon stamp designs, and the expenses of producing reprints.

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

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

(b) 50% of funds derived from the sale of State migratory waterfowl stamps shall be turned over by the Department to appropriate non-profit organizations for the development of waterfowl propagation areas within the Dominion of Canada or the United States that specifically provide waterfowl for the Mississippi Flyway. Before turning over any moneys from the State Migratory Waterfowl Stamp Fund, the Department shall obtain evidence that the project is acceptable to the appropriate governmental agency of the Dominion of Canada or the United States or of one of its Provinces or States having jurisdiction over the lands and waters affected by the project and shall consult those agencies and the State Duck Stamp Committee for approval before allocating funds.

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

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

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

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

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

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

Sec. 1.28. Fees and fines; deposit in funds. All fees, fines, including bond forfeitures, income of whatsoever kind or nature derived from hunting and fishing activities on lands or waters or both under the jurisdiction or control of the Department, and all penalties collected under this Act shall be deposited in the State Treasury and shall be set apart in a special fund to be known as the "Wildlife and Fish Fund"; except that fees derived solely from the sale of salmon stamps, income from art contests for the salmon stamp, including income from the sale of reprints, and gifts, donations, grants and bequests of money for the conservation and propagation of salmon shall be deposited in the State Treasury and set apart in the special fund to be known as the "Salmon Fund"; and except that fees derived solely from the sale of state migratory waterfowl stamps, and gifts, donations, grants and bequests of money for the conservation and propagation of waterfowl shall be deposited in the special fund to be known as the "State Migratory Waterfowl Stamp Fund"; and except that, of fees derived solely from the sale of State Habitat Stamps, 64% shall be deposited into the Illinois Habitat Fund, 30% into the State Pheasant Fund, and 6% into the State Furbearer Fund. Income generated from the sale of artwork associated with the State Habitat Stamps shall be deposited into the Illinois Habitat Fund. All interest that accrues from monies deposited into the Wildlife and Fish Fund, the Salmon Fund, the State Migratory Waterfowl Stamp Fund, the State Furbearer Fund, the State Pheasant Fund, and the Illinois Habitat Fund shall be deposited into those funds, respectively. Appropriations from the "Wildlife and Fish Fund" shall be made only to the Department for the carrying out of the powers and functions vested by law in the Department for the administration and management of fish and wildlife resources of this State for such activities as , including but not limited to the purchase of land for fish hatcheries, wildlife refuges, preserves and public shooting and fishing grounds; the purchase and distribution of wild birds, the eggs of wild birds, and wild mammals for rescuing, restoring and distributing fish; the maintenance of wildlife refuges, or preserves, public shooting grounds, public fishing grounds and fish hatcheries; and the feeding and care of wild birds, wild animals and fish.

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

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

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

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

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

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

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

(Source: Laws 1939, p. 651.)

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