Illinois General Assembly - Full Text of Public Act 095-0853
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Public Act 095-0853

 

Public Act 0853 95TH GENERAL ASSEMBLY 







 

 		


Public Act 095-0853
 		





HB3571 Enrolled
LRB095 11348 CMK 32089 b






    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.






Effective Date:  8/18/2008











  

    

      

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