Bill Text: IL HB1087 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Forestry Development Act. Changes "forestry management" to "forest management". Makes other name changes and revisions. Makes changes concerning cost share amounts and eligibility. Makes other changes. Creates the Forestry Development Council. Specifies the Council's membership and duties. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-17 - Public Act . . . . . . . . . 96-0545 [HB1087 Detail]
Download: Illinois-2009-HB1087-Enrolled.html
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1 | AN ACT concerning conservation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | 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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7 | (525 ILCS 15/2) (from Ch. 96 1/2, par. 9102)
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8 | Sec. 2. The following words shall have the meanings | ||||||
9 | ascribed to them
in this Section:
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10 | (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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17 | (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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20 | (c) "Council" means the Illinois Council on Forestry | ||||||
21 | Development Council
created by this Act.
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22 | (d) "Department" means the Department of Natural | ||||||
23 | Resources.
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1 | (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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5 | article.
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6 | (f) "Fund" means the Illinois Forestry Development Fund | ||||||
7 | created by this Act.
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8 | (g) "Timber" means trees, standing or felled, and parts | ||||||
9 | thereof, excluding
Christmas trees and producers of firewood.
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10 | (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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13 | (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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18 | (Source: P.A. 89-445, eff. 2-7-96.)
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19 | (525 ILCS 15/4) (from Ch. 96 1/2, par. 9104)
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20 | Sec. 4. The Department shall:
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21 | (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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1 | Service in the administration of that such program.
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2 | (b) Approve acceptable forest forestry management plans as | ||||||
3 | required by Section 5 of
this Act.
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4 | (c) Provide assistance to the Illinois Council on
Forestry | ||||||
5 | Development Council .
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6 | (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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10 | 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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14 | (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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18 | (Source: P.A. 93-205, eff. 1-1-04.)
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19 | (525 ILCS 15/5) (from Ch. 96 1/2, par. 9105)
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20 | 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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23 | 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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1 | plan, a timber grower must own or operate at least 10 5
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2 | 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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5 | 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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15 | 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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20 | 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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1 | 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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4 | 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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10 | practices for such practices approved to be funded from monies
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11 | 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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16 | 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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25 | 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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1 | 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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3 | 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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7 | 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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14 | (Source: P.A. 89-445, eff. 2-7-96.)
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15 | (525 ILCS 15/6b new)
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16 | 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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1 | (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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6 | 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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11 | 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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1 | (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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1 | 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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1 | 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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21 | (525 ILCS 15/7) (from Ch. 96 1/2, par. 9107)
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22 | 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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1 | pursuant to the "Timber
Buyers Licensing Act", and the "Forest
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2 | 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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20 | (Source: P.A. 89-445, eff. 2-7-96.)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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