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

Previous General Assemblies

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