Full Text of HB4549 95th General Assembly
HB4549 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4549
Introduced , by Rep. Dan Reitz SYNOPSIS AS INTRODUCED: |
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525 ILCS 15/2 |
from Ch. 96 1/2, par. 9102 |
525 ILCS 15/4 |
from Ch. 96 1/2, par. 9104 |
525 ILCS 15/5 |
from Ch. 96 1/2, par. 9105 |
525 ILCS 15/6a |
from Ch. 96 1/2, par. 9106a |
525 ILCS 15/7 |
from Ch. 96 1/2, par. 9107 |
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Amends the Illinois Forestry Development Act. changes "forestry management" to "forest management". Makes other name changes and revisions. Makes changes concerning Forestry Development Council terms and membership and extends the Council through 2018. Makes changes concerning cost share amounts. Makes other changes. Effective immediately.
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A BILL FOR
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HB4549 |
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LRB095 17056 RCE 43105 b |
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| AN ACT concerning conservation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Forestry Development Act is amended | 5 |
| by changing Sections 2, 4, 5, 6a, and 7 as follows:
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| (525 ILCS 15/2) (from Ch. 96 1/2, par. 9102)
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| Sec. 2. The following words shall have the meanings | 8 |
| ascribed to them
in this Section:
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| (a) "Acceptable forest forestry management practices" | 10 |
| means preparation of a forest
forestry management plan, site | 11 |
| preparation,
brush control, purchase of planting stock, | 12 |
| planting, weed and pest control,
fire control, fencing, fire | 13 |
| management practices, timber stand improvement,
timber harvest | 14 |
| and any other practices determined by the Department of
Natural | 15 |
| Resources to be essential to responsible timber
management.
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| (b) "Approved forest forestry management plan" means a | 17 |
| management plan approved
by the Department of Natural Resources | 18 |
| pursuant to Section
5 of this Act.
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| (c) "Council" means the Illinois Council on Forestry | 20 |
| Development Council
created by this Act.
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| (d) "Department" means the Department of Natural | 22 |
| Resources.
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| (e) "Forest product" means timber which can be used for |
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LRB095 17056 RCE 43105 b |
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| sawing or processing
into lumber for building or structural | 2 |
| purposes, for pulp paper, chemicals
or fuel, for the | 3 |
| manufacture of furniture, or for the manufacture of any
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| article.
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| (f) "Fund" means the Illinois Forestry Development Fund | 6 |
| created by this Act.
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| (g) "Timber" means trees, standing or felled, and parts | 8 |
| thereof, excluding
Christmas trees and producers of firewood.
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| (h) "Timber buyer" means any person defined as a timber | 10 |
| buyer pursuant
to Section 2 of the "Timber Buyers Licensing | 11 |
| Act", approved September 15,
1969, as amended.
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| (i) "Timber grower" means the owner, tenant or operator of | 13 |
| land in this
State who has an interest in, or is entitled to | 14 |
| receive any part of the
proceeds from, the sale of timber grown | 15 |
| in this State and includes persons
exercising authority to sell | 16 |
| timber.
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| (Source: P.A. 89-445, eff. 2-7-96.)
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| (525 ILCS 15/4) (from Ch. 96 1/2, par. 9104)
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| Sec. 4. The Department shall:
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| (a) Implement the forest forestry development cost share | 21 |
| program created by Section
5 of this Act and coordinate with | 22 |
| the United States Department of Agriculture
- Natural Resource | 23 |
| Conservation Service Soil Conservation Service and the Farm | 24 |
| Service Agency Agricultural Stabilization and Conservation
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| Service in the administration of such program.
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LRB095 17056 RCE 43105 b |
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| (b) Approve acceptable forest forestry management plans as | 2 |
| required by Section 5 of
this Act.
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| (c) Provide assistance to the Illinois Council on
Forestry | 4 |
| Development Council .
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| (d) Promote the development of an active forest forestry | 6 |
| industry in this State
by providing information to timber | 7 |
| growers relating to acceptable management
practices, | 8 |
| suitability of various kinds of timber to various land types,
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| marketability of various types of timber, market strategies | 10 |
| including marketing
cooperatives, availability of State and | 11 |
| federal government assistance, soil
and water conservation | 12 |
| benefits, and wildlife habitat enhancement
opportunities.
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| (e) Provide any aid or information requested by the | 14 |
| Illinois
Finance
Authority in relation to forest forestry | 15 |
| industry assistance programs implemented
under the Illinois | 16 |
| Finance Authority
Act.
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| (Source: P.A. 93-205, eff. 1-1-04.)
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| (525 ILCS 15/5) (from Ch. 96 1/2, par. 9105)
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| Sec. 5. A forest forestry development cost share program is | 20 |
| created and shall
be administered by the Department of Natural | 21 |
| Resources.
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| A timber grower who desires to participate in the cost | 23 |
| share program shall
devise a forest forestry management plan. | 24 |
| To be eligible to submit a proposed forest
forestry management | 25 |
| plan, a timber grower must own or operate at least 5
contiguous |
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| acres of land in this State on which timber is produced, except
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| that, no acre on which a permanent building is located shall be | 3 |
| included
in calculations of acreage for the
purpose of | 4 |
| determining eligibility. The proposed forest forestry | 5 |
| management plan
shall include a description of the land to be | 6 |
| managed under the plan, a
description of the types of timber to | 7 |
| be grown, a projected harvest schedule,
a description of forest | 8 |
| forestry management practices to be applied to the land,
an | 9 |
| estimation of the cost
of such practices, plans for | 10 |
| afforestation, plans for regenerative harvest
and | 11 |
| reforestation, and a description of soil and water conservation | 12 |
| goals
and wildlife habitat enhancement which will be served by | 13 |
| implementation of the forest
forestry management plan.
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| Upon receipt from a timber grower of a draft forest | 15 |
| forestry management plan,
the Department shall review the plan | 16 |
| and, if necessary, assist the timber
grower to revise the plan. | 17 |
| The Department shall officially approve acceptable
plans. | 18 |
| Forest Forestry management plans shall be revised as necessary | 19 |
| and all
revisions must be approved by the Department. A plan | 20 |
| shall be evaluated every 2 years
annually for reapproval.
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| The eligible land shall be maintained in a forest condition | 22 |
| for a
period of 10 years or until commercial harvest, whichever | 23 |
| last occurs, as
required by the plan.
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| The Department shall enter into agreements with timber | 25 |
| growers with approved forest
forestry management plans under | 26 |
| which the Department shall agree to pay
a share of the total |
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| cost of acceptable forest forestry management
plans and | 2 |
| practices implemented under the plan. The cost share amount
is | 3 |
| up to 80% of the total cost of the forest forestry management
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| practices for such practices approved to be funded from monies
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| appropriated for this purpose for subsequent fiscal years.
Cost | 6 |
| share funds shall be paid from monies appropriated to the | 7 |
| Department
by the General Assembly for that purpose from the | 8 |
| Illinois Forestry Development
Fund or any other fund in the | 9 |
| State Treasury.
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| The Department, upon recommendations made to it by the | 11 |
| Council, may
provide for the categorization of forest forestry | 12 |
| management practices and determine
an appropriate cost share | 13 |
| percentage for each such category. Forest Forestry
management | 14 |
| practices
submitted by timber growers on whose timber sales | 15 |
| fees of 4% of the sale
amount were paid as provided in Section | 16 |
| 9a of the "Timber Buyers Licensing
Act", approved September 1, | 17 |
| 1969, may be accorded a priority for approval
within the | 18 |
| assigned category. Such timber growers may receive a cost share
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| amount which is increased
above the amount for which they would | 20 |
| otherwise qualify by an amount equal to not
to exceed 50% of | 21 |
| the fees paid by the timber grower on his sales occurring in | 22 |
| the
2 fiscal years immediately preceding the fiscal year in
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| which the forest forestry
management practices are approved and | 24 |
| funded; provided, however, that the
total cost share amount | 25 |
| shall not exceed the total cost of the approved forest
forestry | 26 |
| management practices.
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| Upon transfer of his or her his right and interest in the | 2 |
| land or a change in
land use, the timber grower shall forfeit | 3 |
| all rights to future payments and
other benefits resulting from | 4 |
| an approved plan and shall refund to the
Department all | 5 |
| payments received therefrom during the previous 10 years
unless | 6 |
| the transferee of any such land agrees with the Department to | 7 |
| assume
all obligations under the plan.
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| (Source: P.A. 89-445, eff. 2-7-96.)
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| (525 ILCS 15/6a) (from Ch. 96 1/2, par. 9106a)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 6a. Illinois Forestry Development Council.
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| (a) The Illinois Forestry Development Council is hereby | 13 |
| re-created by this
amendatory Act of the 95th 91st General | 14 |
| Assembly.
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| (b) The Council shall consist of 29 24 members appointed as
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| follows:
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| (1) four members of the General Assembly, one appointed | 18 |
| by the President
of the Senate, one appointed by the Senate | 19 |
| Minority Leader, one appointed by
the Speaker of the House | 20 |
| of Representatives, and one appointed by the House
Minority | 21 |
| Leader;
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| (2) one member appointed by the Governor to represent | 23 |
| the Governor;
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| (3) the Directors of the Departments of Natural | 25 |
| Resources, Agriculture,
and Commerce and Economic |
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| Opportunity, the Executive Director of the Illinois
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| Finance Authority, and the Director of the Office of Rural | 3 |
| Affairs, or
their designees;
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| (4) the chair chairman of the Department of Forestry or | 5 |
| a forestry academician,
appointed by the Dean of | 6 |
| Agricultural Sciences Agriculture at Southern Illinois | 7 |
| University at
Carbondale;
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| (5) the head of the Department of Natural Resources and | 9 |
| Environmental
Sciences or a forestry academician, | 10 |
| appointed by the Dean of Agricultural Consumer and | 11 |
| Environmental Sciences of Agriculture at the
University of | 12 |
| Illinois at Urbana-Champaign ;
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| (6) two members, appointed by the Governor, for a | 14 |
| 5-year term who shall be private timber
growers;
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| (7) one member, appointed by the president of the | 16 |
| Illinois Wood Products
Association, who shall be involved | 17 |
| in primary forest forestry industry;
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| (8) one member, appointed by the president of the | 19 |
| Illinois Wood Products
Association, who shall be involved | 20 |
| in secondary forest forestry industry;
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| (9) one member who is actively involved in | 22 |
| environmental issues, appointed
by the Governor; for a | 23 |
| 5-year term
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| (10) the president of the Association of Illinois Soil | 25 |
| and Water
Conservation Districts; or designee
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| (11) two persons who are actively engaged in farming, |
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| appointed by the
Governor for a 5-year term ;
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| (12) one member, appointed by the Governor for a 5-year | 3 |
| term , whose primary area of
expertise is urban forestry;
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| (13) one member appointed by the President of the | 5 |
| Illinois Arborists
Association;
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| (14) the Supervisor of the Shawnee National Forest and | 7 |
| the United States
Department of Agriculture Natural | 8 |
| Resource Conservation Service's
State Conservationist, ex | 9 |
| officio, or their designees ; .
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| (15) the president of the Illinois Forestry | 11 |
| Association or designee; | 12 |
| (16) the president of the Illinois Walnut Council or | 13 |
| designee; | 14 |
| (17) the chair of the Illinois Tree Farm Committee or | 15 |
| designee; | 16 |
| (18) the president of the Illinois Society of American | 17 |
| Foresters or designee; and | 18 |
| (19) the president of the Illinois Wildlife Society or | 19 |
| designee. | 20 |
| For those Governor appointees that are currently serving on | 21 |
| the Council prior to the effective date of this amendatory Act | 22 |
| of the 95th General Assembly, their term shall expire 2 years | 23 |
| after that effective date. | 24 |
| (c) Members of the Council shall serve without compensation | 25 |
| but shall
be reimbursed for actual expenses incurred in the | 26 |
| performance of their duties
which are not otherwise reimbursed.
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| (d) The Council shall select from its membership a | 2 |
| chairperson and
such other officers as it considers necessary.
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| (e) Other individuals, agencies and organizations may be | 4 |
| invited to
participate as deemed advisable by the Council.
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| (f) The Council shall study and evaluate the forest | 6 |
| forestry resources and forest
forestry industry of Illinois. | 7 |
| The Council shall:
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| (1) determine the magnitude, nature and extent of the | 9 |
| State's forest forestry
resources;
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| (2) determine current uses and project future demand | 11 |
| for forest products,
services and benefits in Illinois;
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| (3) determine and evaluate the ownership | 13 |
| characteristics of the State's
forests, the motives for | 14 |
| forest ownership and the success of incentives
necessary to | 15 |
| stimulate development of forest resources;
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| (4) determine the economic development and management | 17 |
| opportunities that
could result from improvements in local | 18 |
| and regional forest product
marketing and from the | 19 |
| establishment of new or additional wood-related
businesses | 20 |
| in Illinois;
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| (5) confer with and offer assistance to the Illinois | 22 |
| Finance
Authority relating to its implementation of forest | 23 |
| industry assistance
programs authorized by the Illinois | 24 |
| Finance Authority Act;
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| (6) determine the opportunities for increasing | 26 |
| employment and economic
growth through development of |
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| forest resources;
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| (7) determine the effect of current governmental | 3 |
| policies and regulations
on the management of woodlands and | 4 |
| the location of wood products markets;
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| (8) determine the staffing and funding needs for forest | 6 |
| forestry and other
conservation programs to support and | 7 |
| enhance forest resources development;
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| (9) determine the needs of forest forestry education | 9 |
| programs in this State;
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| (10) confer with and offer assistance to the Department | 11 |
| of Natural
Resources relating to the implementation of | 12 |
| urban forest forestry assistance grants
pursuant to the | 13 |
| Urban and Community Forestry Assistance Act; and
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| (11) determine soil and water conservation benefits | 15 |
| and wildlife habitat
enhancement opportunities that can be | 16 |
| promoted through approved forest forestry
management | 17 |
| plans.
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| (g) The Council shall report (i) its findings and | 19 |
| recommendations for
future State action and (ii) its evaluation | 20 |
| of Urban/Community Forestry
Assistance Grants to the General | 21 |
| Assembly no later than July 1 of each year.
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| (h) This Section 6a is repealed December 31, 2018 2008 .
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| (Source: P.A. 93-205, eff. 1-1-04; 94-793, eff. 5-19-06.)
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| (525 ILCS 15/7) (from Ch. 96 1/2, par. 9107)
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| Sec. 7. The Illinois Forestry Development Fund, a special |
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| fund in the State
Treasury, is hereby created. The Department | 2 |
| of Natural Resources shall pay into the Fund all fees and fines | 3 |
| collected
from timber buyers and landowners and operators | 4 |
| pursuant to the "Timber
Buyers Licensing Act", and the "Forest
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| Products Transportation Act", all gifts, contributions, | 6 |
| bequests, grants,
donations, transfers, appropriations and all | 7 |
| other revenues and receipts
resulting from forest forestry | 8 |
| programs, forest product sales, and operations of
facilities | 9 |
| not otherwise directed by State law and shall pay
such monies | 10 |
| appropriated from the Fund to timber growers for
implementation | 11 |
| of acceptable forest forestry management practices as
provided | 12 |
| in Section 5 of this Act. Monies may be appropriated
from the | 13 |
| Fund for the expenses of the Illinois Forestry Development | 14 |
| Council.
Ordinary operating expenses of the Forest Resources | 15 |
| Division of the
Department, for the administration and | 16 |
| implementation of this Act, the
development and implementation | 17 |
| of a wood industry marketing, development
and promotions | 18 |
| program and other programs beneficial to advancing forests
and | 19 |
| forest forestry in this State, as deemed appropriate by the | 20 |
| General Assembly,
may be appropriated from this fund to the | 21 |
| extent such appropriations
preserve the receipts to the Fund | 22 |
| derived from Section 9a of the "Timber
Buyers Licensing Act".
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| (Source: P.A. 89-445, eff. 2-7-96.)
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.
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