Full Text of HB1087 96th General Assembly
HB1087enr 96TH GENERAL ASSEMBLY
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HB1087 Enrolled |
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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, and 7 and by adding Section 6b as | 6 |
| 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 | 9 |
| ascribed to them
in this Section:
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| (a) "Acceptable forest forestry management practices" | 11 |
| means preparation of a forest
forestry management plan, site | 12 |
| preparation,
brush control, purchase of planting stock, | 13 |
| planting, weed and pest control,
fire control, fencing, fire | 14 |
| management practices, timber stand improvement,
timber harvest | 15 |
| and any other practices determined by the Department of
Natural | 16 |
| Resources to be essential to responsible timber
management.
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| (b) "Approved forest forestry management plan" means a | 18 |
| management plan approved
by the Department of Natural Resources | 19 |
| pursuant to Section
5 of this Act.
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| (c) "Council" means the Illinois Council on Forestry | 21 |
| Development Council
created by this Act.
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| (d) "Department" means the Department of Natural | 23 |
| Resources.
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| (e) "Forest product" means timber which can be used for | 2 |
| sawing or processing
into lumber for building or structural | 3 |
| purposes, for pulp paper, chemicals
or fuel, for the | 4 |
| 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 | 7 |
| created by this Act.
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| (g) "Timber" means trees, standing or felled, and parts | 9 |
| thereof, excluding
Christmas trees and producers of firewood.
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| (h) "Timber buyer" means any person defined as a timber | 11 |
| buyer pursuant
to Section 2 of the "Timber Buyers Licensing | 12 |
| Act", approved September 15,
1969, as amended.
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| (i) "Timber grower" means the owner, tenant or operator of | 14 |
| land in this
State who has an interest in, or is entitled to | 15 |
| receive any part of the
proceeds from, the sale of timber grown | 16 |
| in this State and includes persons
exercising authority to sell | 17 |
| 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 | 22 |
| program created by Section
5 of this Act and coordinate with | 23 |
| the United States Department of Agriculture
- Natural Resource | 24 |
| Conservation Service Soil Conservation Service and the Farm | 25 |
| Service Agency Agricultural Stabilization and Conservation
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| Service in the administration of that such program.
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| (b) Approve acceptable forest forestry management plans as | 3 |
| required by Section 5 of
this Act.
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| (c) Provide assistance to the Illinois Council on
Forestry | 5 |
| Development Council .
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| (d) Promote the development of an active forest forestry | 7 |
| industry in this State
by providing information to timber | 8 |
| growers relating to acceptable management
practices, | 9 |
| suitability of various kinds of timber to various land types,
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| marketability of various types of timber, market strategies | 11 |
| including marketing
cooperatives, availability of State and | 12 |
| federal government assistance, soil
and water conservation | 13 |
| benefits, and wildlife habitat enhancement
opportunities.
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| (e) Provide any aid or information requested by the | 15 |
| Illinois
Finance
Authority in relation to forest forestry | 16 |
| industry assistance programs implemented
under the Illinois | 17 |
| 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 | 21 |
| created and shall
be administered by the Department of Natural | 22 |
| Resources.
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| A timber grower who desires to participate in the cost | 24 |
| share program shall
devise a forest forestry management plan. | 25 |
| To be eligible to submit a proposed forest
forestry management |
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| plan, a timber grower must own or operate at least 10 5
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| contiguous acres of land in this State on which timber is | 3 |
| produced, except
that, no acre on which a permanent building is | 4 |
| located shall be included
in calculations of acreage for the
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| purpose of determining eligibility. Timber growers with | 6 |
| Department approved forest management plans covering less than | 7 |
| 10 acres in effect on or before the effective date of this | 8 |
| amendatory Act of the 96th General Assembly shall continue to | 9 |
| be eligible under the Illinois Forestry Development Act | 10 |
| provisions. The proposed forest forestry management plan
shall | 11 |
| include a description of the land to be managed under the plan, | 12 |
| a
description of the types of timber to be grown, a projected | 13 |
| harvest schedule,
a description of forest forestry management | 14 |
| practices to be applied to the land,
an estimation of the cost
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| of such practices, plans for afforestation, plans for | 16 |
| regenerative harvest
and reforestation, and a description of | 17 |
| soil and water conservation goals
and wildlife habitat | 18 |
| enhancement which will be served by implementation of the | 19 |
| forest
forestry management plan.
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| Upon receipt from a timber grower of a draft forest | 21 |
| forestry management plan,
the Department shall review the plan | 22 |
| and, if necessary, assist the timber
grower to revise the plan. | 23 |
| The Department shall officially approve acceptable
plans. | 24 |
| Forest Forestry management plans shall be revised as necessary | 25 |
| and all
revisions must be approved by the Department. A plan | 26 |
| shall be evaluated every 2 years
annually for reapproval.
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| The eligible land shall be maintained in a forest condition | 2 |
| for a
period of 10 years or until commercial harvest, whichever | 3 |
| last occurs, as
required by the plan.
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| The Department shall enter into agreements with timber | 5 |
| growers with approved forest
forestry management plans under | 6 |
| which the Department shall agree to pay
a share of the total | 7 |
| cost of acceptable forest forestry management
plans and | 8 |
| practices implemented under the plan. The cost share amount
is | 9 |
| 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 | 12 |
| share funds shall be paid from monies appropriated to the | 13 |
| Department
by the General Assembly for that purpose from the | 14 |
| Illinois Forestry Development
Fund or any other fund in the | 15 |
| State Treasury.
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| The Department, upon recommendations made to it by the | 17 |
| Council, may
provide for the categorization of forest forestry | 18 |
| management practices and determine
an appropriate cost share | 19 |
| percentage for each such category. Forest Forestry
management | 20 |
| practices
submitted by timber growers on whose timber sales | 21 |
| fees of 4% of the sale
amount were paid as provided in Section | 22 |
| 9a of the "Timber Buyers Licensing
Act", approved September 1, | 23 |
| 1969, may be accorded a priority for approval
within the | 24 |
| 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 | 26 |
| otherwise qualify by an amount equal to not
to exceed 50% of |
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| the fees paid by the timber grower on his sales occurring in | 2 |
| the
2 fiscal years immediately preceding the fiscal year in
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| which the forest forestry
management practices are approved and | 4 |
| funded; provided, however, that the
total cost share amount | 5 |
| shall not exceed the total cost of the approved forest
forestry | 6 |
| management practices.
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| Upon transfer of his or her his right and interest in the | 8 |
| land or a change in
land use, the timber grower shall forfeit | 9 |
| all rights to future payments and
other benefits resulting from | 10 |
| an approved plan and shall refund to the
Department all | 11 |
| payments received therefrom during the previous 10 years
unless | 12 |
| the transferee of any such land agrees with the Department to | 13 |
| 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 15/6b new)
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| Sec. 6b. Illinois Forestry Development Council. | 17 |
| (a) The Illinois Forestry Development Council is created by | 18 |
| this
amendatory Act of the 96th General Assembly. | 19 |
| (b) The Council shall consist of 29 members appointed as | 20 |
| follows: | 21 |
| (1) four members of the General Assembly, one appointed | 22 |
| by the President
of the Senate, one appointed by the Senate | 23 |
| Minority Leader, one appointed by
the Speaker of the House | 24 |
| of Representatives, and one appointed by the House
Minority | 25 |
| Leader; |
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| (2) one member appointed by the Governor to represent | 2 |
| the Governor; | 3 |
| (3) the Directors of the Departments of Natural | 4 |
| Resources, Agriculture,
and Commerce and Economic | 5 |
| Opportunity, the Executive Director of the Illinois
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| Finance Authority, and the Director of the Office of Rural | 7 |
| Affairs, or
their designees; | 8 |
| (4) the chair of the Department of Forestry or a | 9 |
| forestry academician,
appointed by the Dean of | 10 |
| Agricultural Sciences at Southern Illinois University at
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| Carbondale; | 12 |
| (5) the head of the Department of Natural Resources and | 13 |
| Environmental
Sciences or a forestry academician, | 14 |
| appointed by the Dean of Agricultural Consumer and | 15 |
| Environmental Sciences of the
University of Illinois at | 16 |
| Urbana-Champaign; | 17 |
| (6) two members, appointed by the Governor, who shall | 18 |
| be private timber
growers; | 19 |
| (7) one member, appointed by the president of a | 20 |
| statewide association involved in promoting wood products, | 21 |
| who shall be involved in primary forest industry; | 22 |
| (8) one member, appointed by the president of a | 23 |
| statewide association involved in promoting wood products, | 24 |
| who shall be involved in secondary forest industry; | 25 |
| (9) one member who is actively involved in | 26 |
| environmental issues, appointed
by the Governor; |
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| (10) the president of a statewide association involved | 2 |
| in promoting soil and water conservation; | 3 |
| (11) two persons who are actively engaged in farming, | 4 |
| appointed by the
Governor; | 5 |
| (12) one member, appointed by the Governor, whose | 6 |
| primary area of
expertise is urban forestry; | 7 |
| (13) one member appointed by the president of a | 8 |
| statewide organization of arborists; | 9 |
| (14) the Supervisor of the Shawnee National Forest and | 10 |
| the United States
Department of Agriculture Natural | 11 |
| Resource Conservation Service's
State Conservationist, ex | 12 |
| officio, or their designees; | 13 |
| (15) the president of a statewide association involved | 14 |
| in promoting Illinois forestry; | 15 |
| (16) the president of a statewide association involved | 16 |
| in promoting Illinois walnut trees; | 17 |
| (17) the chair of a statewide association involved in | 18 |
| promoting Illinois tree farms; | 19 |
| (18) the president of a statewide association of | 20 |
| American foresters; and | 21 |
| (19) the president of a statewide association | 22 |
| promoting Illinois wildlife. | 23 |
| (c) Members of the Council shall serve without compensation | 24 |
| but shall
be reimbursed for actual expenses incurred in the | 25 |
| performance of their duties
which are not otherwise reimbursed. | 26 |
| (d) The Council shall select from its membership a |
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| chairperson and
such other officers as it considers necessary. | 2 |
| Appointees to the Council shall serve for an initial term of 2 | 3 |
| years and may be reappointed for one additional term. | 4 |
| (e) Other individuals, agencies and organizations may be | 5 |
| invited to
participate as deemed advisable by the Council. | 6 |
| (f) The Council shall study and evaluate the forest | 7 |
| resources and forest industry of Illinois. The Council shall: | 8 |
| (1) determine the magnitude, nature and extent of the | 9 |
| State's forest resources; | 10 |
| (2) determine current uses and project future demand | 11 |
| for forest products,
services and benefits in Illinois; | 12 |
| (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; | 16 |
| (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; | 21 |
| (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; | 25 |
| (6) determine the opportunities for increasing | 26 |
| employment and economic
growth through development of |
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| forest resources; | 2 |
| (7) determine the effect of current governmental | 3 |
| policies and regulations
on the management of woodlands and | 4 |
| the location of wood products markets; | 5 |
| (8) determine the staffing and funding needs for forest | 6 |
| and other
conservation programs to support and enhance | 7 |
| forest resources development; | 8 |
| (9) determine the needs of forest education programs in | 9 |
| this State; | 10 |
| (10) confer with and offer assistance to the Department | 11 |
| of Natural
Resources relating to the implementation of | 12 |
| urban forest assistance grants
pursuant to the Urban and | 13 |
| Community Forestry Assistance Act; and | 14 |
| (11) determine soil and water conservation benefits | 15 |
| and wildlife habitat
enhancement opportunities that can be | 16 |
| promoted through approved forest management plans. | 17 |
| (g) The Council shall report (i) its findings and | 18 |
| recommendations for
future State action and (ii) its evaluation | 19 |
| of Urban/Community Forestry
Assistance Grants to the General | 20 |
| Assembly no later than July 1 of each year.
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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 | 23 |
| fund in the State
Treasury, is hereby created. The Department | 24 |
| of Natural Resources shall pay into the Fund all fees and fines | 25 |
| collected
from timber buyers and landowners and operators |
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| pursuant to the "Timber
Buyers Licensing Act", and the "Forest
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| Products Transportation Act", all gifts, contributions, | 3 |
| bequests, grants,
donations, transfers, appropriations and all | 4 |
| other revenues and receipts
resulting from forestry programs, | 5 |
| forest product sales, and operations of
facilities not | 6 |
| otherwise directed by State law and shall pay
such monies | 7 |
| appropriated from the Fund to timber growers for
implementation | 8 |
| of acceptable forest forestry management practices as
provided | 9 |
| in Section 5 of this Act. Monies may be appropriated
from the | 10 |
| Fund for the expenses of the Illinois Forestry Development | 11 |
| Council.
Ordinary operating expenses of the Forest Resources | 12 |
| Division of the
Department, for the administration and | 13 |
| implementation of this Act, the
development and implementation | 14 |
| of a wood industry marketing, development
and promotions | 15 |
| program and other programs beneficial to advancing forests
and | 16 |
| forestry in this State, as deemed appropriate by the General | 17 |
| Assembly,
may be appropriated from this fund to the extent such | 18 |
| appropriations
preserve the receipts to the Fund derived from | 19 |
| 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 | 22 |
| becoming law.
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