Habitat Endowment Act (520 ILCS 25/)

Chapter 520 — Wildlife

This text is maintained by the Legislative Reference Bureau for legislative drafting purposes and is NOT the official text of the Illinois Compiled Statutes; the only official copy is the printed copy maintained by the Secretary of State.

Sec. 1. Short title

This Act may be cited as the Habitat Endowment Act.

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

Sec. 5. Definitions

As used in this Act:

"Department" means the Department of Natural Resources.

"Director" means the Director of Natural Resources.

"Trust Fund" means the Illinois Habitat Endowment Trust Fund created in Section 15.

(Source: P.A. 104-2, eff. 6-16-25.)

Sec. 10. Purpose

It is the purpose of this Act to provide a stable and supplemental source of money to support activities and programs undertaken by the Department or other managers of land to preserve, protect, acquire, and manage habitat for future generations. Habitat quality is measured by such parameters as type, native diversity, size, structure, scarcity, and location. Linkage with neighboring habitat, whether existing or potential, is another important consideration.

Illinois' habitat includes all wetlands, woodlands, grasslands, and agricultural lands, natural or altered, that support or have the potential to support populations of wild animals in any or all phases of their life cycles.

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

Sec. 15. The Illinois Habitat Fund and the Illinois Habitat Endowment Trust Fund

(Text of Section before amendment by P.A. 104-695)

Sec. 15. The Illinois Habitat Fund and the Illinois Habitat Endowment Trust Fund.

(a) There is established in the State treasury a special fund entitled the Illinois Habitat Fund. The moneys in this fund shall be used, subject to appropriation, exclusively by the Department for the preservation and maintenance of high quality habitat lands. The Illinois Habitat Fund shall be financed through deposits of fees from the sale of State Habitat Stamps and artwork as provided for in the Wildlife Code, and revenue derived from the sale of Sportsmen Series license plates. The Department may accept, from all sources, contributions, grants, gifts, bequests, legacies of money, and securities to be deposited into the Illinois Habitat Fund. All interest earned from moneys in the Illinois Habitat Fund shall be deposited into the Illinois Habitat Fund.

(b) The Illinois Habitat Endowment Trust Fund is created as a trust fund in the State treasury. The Trust Fund shall be financed by a combination of private donations and transfers or deposits from the Park and Conservation Fund or any other fund authorized by law. The Department may accept, from all sources, contributions, grants, gifts, bequests, legacies of money, and securities to be deposited into the Trust Fund. All deposits shall become part of the Trust Fund corpus. Moneys in the Trust Fund are not subject to appropriation and shall be used solely to provide financing to the Illinois Habitat Fund. All gifts, grants, assets, funds, or moneys received by the Department under this Act shall be deposited and held by the State Treasurer as ex officio custodian thereof, separate and apart from all public moneys or funds of this State in a trust fund established in accordance with State law, and shall be administered by the Director exclusively for the purposes set forth in this Act. All moneys in the Trust Fund are to be invested and reinvested by the State Treasurer. All interest accruing from these investments shall be deposited into the Trust Fund. Notwithstanding any other provision of law, in addition to any other transfers that may be provided by law, on July 1, 2025, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Illinois Habitat Endowment Trust Fund into the Illinois Habitat Fund. Upon completion of the transfer, the Illinois Habitat Endowment Trust Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund pass to the Illinois Habitat Fund.

(Source: P.A. 104-2, eff. 6-16-25.)

(Text of Section after amendment by P.A. 104-695)

Sec. 15. The Illinois Habitat Fund.

(a) There is established in the State treasury a special fund entitled the Illinois Habitat Fund. The moneys in this fund shall be used, subject to appropriation, exclusively by the Department for the preservation and maintenance of high quality habitat lands. The Illinois Habitat Fund shall be financed through deposits of fees from the sale of State Habitat Stamps and artwork as provided for in the Wildlife Code, and revenue derived from the sale of Sportsmen Series license plates. The Department may accept, from all sources, contributions, grants, gifts, bequests, legacies of money, and securities to be deposited into the Illinois Habitat Fund. All interest earned from moneys in the Illinois Habitat Fund shall be deposited into the Illinois Habitat Fund.

(b) (Blank).

(Source: P.A. 104-2, eff. 6-16-25; 104-695, eff. 1-1-27.)

Sec. 20.

[Repealed]

(Source: P.A. 87-1197. Repealed by P.A. 104-2, eff. 6-16-25.)

Sec. 25. Rules

The Department shall have the authority to promulgate any rules necessary to carry out the purposes of this Act.

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

Sec. 30. Advisory Committee

The Illinois Habitat Fund Advisory Committee is created. The purpose of the Committee is to advise the Director on the use of the Illinois Habitat Fund and on other matters pertaining to the purposes of this Act. The Committee shall consist of: (1) the Chief of Wildlife Resources Division or his designee, (2) the Chief of the Land Management Division or his designee, (3) 3 or more representatives from statewide conservation organizations appointed by the Director, (4) one person who is a landowner in the State of Illinois and who is not affiliated with any other group or organization with representation on the Committee, and (5) 3 or more representatives appointed by the Director who are from nonprofit institutions, corporations, or universities within the State and actively involved in habitat conservation, enhancement, or restoration. The Committee shall review and recommend all allocation of funds from the Illinois Habitat Fund, with the exception of revenue derived from the sale of Sportsmen Series license plates. Members of the Committee shall serve without compensation, but expenses incurred in the performance of their duties shall be reimbursed by the Department.

(Source: P.A. 104-2, eff. 6-16-25.)

Sec. 35. Eminent domain

The Department is not authorized to and shall not use eminent domain proceedings to acquire property under this Act unless the landowner agrees to submit to eminent domain proceedings.

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

Sec. 37. Eminent domain

Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.

(Source: P.A. 94-1055, eff. 1-1-07.)

Sec. 49. This Act takes effect upon becoming law, except that Sec

45 takes effect April 1, 1993.

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