Illinois General Assembly - Full Text of Public Act 096-0217
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Public Act 096-0217


 

Public Act 0217 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0217
 
SB1413 Enrolled LRB096 09301 JDS 19455 b

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

Effective Date: 8/10/2009