|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5237 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
| | 225 ILCS 735/11 | from Ch. 111, par. 711 | 225 ILCS 735/9a rep. | | 525 ILCS 15/5 | from Ch. 96 1/2, par. 9105 | 525 ILCS 15/7 | from Ch. 96 1/2, par. 9107 |
| Amends the Timber Buyers Licensing Act. Repeals provisions that require a person buying timber from a timber grower to deduct from the payment to the timber grower an amount which equals 4% of the purchase price or 4% of the minimum fair market value and forward such amount to the Department of Natural Resources. Repeals provisions that require a timber grower who utilizes timber produced on land the timber grower owns or operates for sawing into lumber, processing, or resale to pay to the Department an amount equal to 4% of the minimum fair market value of the timber utilized during a period. Makes conforming changes. | |
| | |
| | A BILL FOR |
|
|
| | HB5237 | | LRB103 38625 RTM 68762 b |
|
|
|
| 1 | | AN ACT concerning regulation.
|
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
|
| 4 | | Section 1. The Timber Buyers Licensing Act is amended by |
| 5 | | changing Section 11 as follows:
|
| 6 | | (225 ILCS 735/11) (from Ch. 111, par. 711) |
| 7 | | Sec. 11. Penalties and fines. All fines and penalties |
| 8 | | associated with violations of this Act or administrative rules |
| 9 | | thereunder, except as otherwise provided in this Act, are |
| 10 | | payable 50% to the Department's Conservation Police Operations |
| 11 | | Assistance Fund and 50% to the Department's Illinois Forestry |
| 12 | | Development Fund. |
| 13 | | (a) Except as otherwise provided in this Act any person in |
| 14 | | violation of any of the provisions of this Act, or |
| 15 | | administrative rules thereunder, shall be guilty of a Class A |
| 16 | | misdemeanor. |
| 17 | | (a-5) Any person convicted of violating Section 3 of this |
| 18 | | Act shall be guilty of a Class A misdemeanor and fined at least |
| 19 | | $500 for a first offense and guilty of a Class 4 felony and |
| 20 | | fined at least $1,000 for a second or subsequent offense. |
| 21 | | (a-10) Any person convicted of violating subsection (a) of |
| 22 | | Section 5 is guilty of a Class A misdemeanor if the aggregate |
| 23 | | value of the timber cut, caused to be cut, or appropriated is |
|
| | HB5237 | - 2 - | LRB103 38625 RTM 68762 b |
|
|
|
| 1 | | equal to or less than $500. |
| 2 | | (a-15) (Blank). Any person convicted of violating |
| 3 | | subsection (a) or (c) of Section 9a is guilty of a Class A |
| 4 | | misdemeanor if the aggregate value of the amount due to the |
| 5 | | Department is equal to or less than $500. |
| 6 | | (b) Any person convicted of violating subsection (a) of |
| 7 | | Section 5 of this Act is guilty of a Class 4 felony if the |
| 8 | | aggregate value of the timber cut, caused to be cut or |
| 9 | | appropriated is over $500 but not more than $2,500. |
| 10 | | (b-2) (Blank). Any person convicted of violating |
| 11 | | subsection (a) or (c) of Section 9a is guilty of a Class 4 |
| 12 | | felony if the aggregate value of the amount due to the |
| 13 | | Department is over $500 but not more than $2,500. |
| 14 | | (b-5) Any person convicted of violating subsection (a) of |
| 15 | | Section 5 of this Act is guilty of a Class 3 felony if the |
| 16 | | aggregate value of the timber cut, caused to be cut, or |
| 17 | | appropriated is over $2,500 but not more than $10,000. |
| 18 | | (b-7) (Blank). Any person convicted of violating |
| 19 | | subsection (a) or (c) of Section 9a is guilty of a Class 3 |
| 20 | | felony if the aggregate value of the amount due to the |
| 21 | | Department is over $2,500 but not more than $10,000. |
| 22 | | (b-10) Any person convicted of violating subsection (a) of |
| 23 | | Section 5 of this Act is guilty of a Class 2 felony if the |
| 24 | | aggregate value of the timber cut, caused to be cut, or |
| 25 | | appropriated is over $10,000. |
| 26 | | (b-12) (Blank). Any person convicted of violating |
|
| | HB5237 | - 3 - | LRB103 38625 RTM 68762 b |
|
|
|
| 1 | | subsection (a) or (c) of Section 9a is guilty of a Class 2 |
| 2 | | felony if the aggregate value of the amount due to the |
| 3 | | Department is over $10,000. |
| 4 | | (b-15) The aggregate value of the timber cut, caused to be |
| 5 | | cut, or appropriated shall be determined as provided by |
| 6 | | administrative rule. |
| 7 | | (c) A person convicted of violating subsection (b) of |
| 8 | | Section 5 of this Act is guilty of a Class A misdemeanor. A |
| 9 | | person convicted of a second or subsequent violation is guilty |
| 10 | | of a Class 4 felony. |
| 11 | | (c-5) A person convicted of violating subsection (c) of |
| 12 | | Section 5 is guilty of a Class A misdemeanor. |
| 13 | | (c-10) A person convicted of violating subsection (d) of |
| 14 | | Section 5 is guilty of a Class A misdemeanor and shall be |
| 15 | | assessed a fine of not less than $1,000. A person convicted of |
| 16 | | a second or subsequent violation is guilty of a Class 4 felony |
| 17 | | and shall be assessed a fine of not less than $2,000. |
| 18 | | (c-15) A person convicted of violating subsection (f) of |
| 19 | | Section 5 is guilty of a Class B misdemeanor. |
| 20 | | (c-20) A person convicted of violating subsection (g) of |
| 21 | | Section 5 is guilty of a Class C misdemeanor. |
| 22 | | (d) All penalties issued pursuant to subsections (e) and |
| 23 | | (f) shall be deposited in the Illinois Forestry Development |
| 24 | | Fund for the purposes of the Illinois Forestry Development |
| 25 | | Act. |
| 26 | | (e) (Blank). Failure to pay any purchase harvest fee |
|
| | HB5237 | - 4 - | LRB103 38625 RTM 68762 b |
|
|
|
| 1 | | required under Section 9a of this Act on the date as required |
| 2 | | by regulation of the Department, there shall be added as a |
| 3 | | penalty an amount equal to 7.5% of the harvest fee due the |
| 4 | | Department for each month or fraction thereof during which |
| 5 | | such failure continues, not to exceed 37.5% in the aggregate. |
| 6 | | This penalty shall be in addition to any other penalty |
| 7 | | determined under this Act or by the circuit court. |
| 8 | | (f) (Blank). A person convicted of violating subsection |
| 9 | | (b) or (d) of Section 9a shall be guilty of a Class C |
| 10 | | misdemeanor and shall be assessed a penalty in the amount of |
| 11 | | $25, which shall be added to the amount due the Department for |
| 12 | | each individual report. A second or subsequent offense within |
| 13 | | a 3-year period after the date of the first offense is a Class |
| 14 | | A misdemeanor. |
| 15 | | (g) All fines required in this Section shall be in |
| 16 | | addition to any other penalty authorized under this Act, the |
| 17 | | Unified Code of Corrections, or imposed by the circuit court. |
| 18 | | (h) Any person who knowingly or intentionally violates any |
| 19 | | of the provisions of this Act, or administrative rules |
| 20 | | thereunder, when the person's license has been revoked or |
| 21 | | denied or the person's ability to engage in the activity |
| 22 | | requiring the license has been suspended under Section 13 is |
| 23 | | guilty of: |
| 24 | | (1) a Class 4 felony if the underlying offense that |
| 25 | | was committed during a period of revocation or suspension |
| 26 | | is a misdemeanor; or |
|
| | HB5237 | - 5 - | LRB103 38625 RTM 68762 b |
|
|
|
| 1 | | (2) one classification higher if the underlying |
| 2 | | offense that was committed during a period of revocation |
| 3 | | or suspension is a felony. |
| 4 | | (Source: P.A. 103-218, eff. 1-1-24.)
|
| 5 | | (225 ILCS 735/9a rep.) |
| 6 | | Section 5. The Timber Buyers Licensing Act is amended by |
| 7 | | repealing Section 9a.
|
| 8 | | Section 10. The Illinois Forestry Development Act is |
| 9 | | amended by changing Sections 5 and 7 as follows:
|
| 10 | | (525 ILCS 15/5) (from Ch. 96 1/2, par. 9105) |
| 11 | | Sec. 5. A forest development cost share program is created |
| 12 | | and shall be administered by the Department of Natural |
| 13 | | Resources. |
| 14 | | A timber grower who desires to participate in the cost |
| 15 | | share program shall devise a forest management plan. To be |
| 16 | | eligible to submit a proposed forest management plan, a timber |
| 17 | | grower must own or operate at least 10 contiguous acres of land |
| 18 | | in this State on which timber is produced, except that, no acre |
| 19 | | on which a permanent building is located shall be included in |
| 20 | | calculations of acreage for the purpose of determining |
| 21 | | eligibility. Timber growers with Department approved forest |
| 22 | | management plans covering less than 10 acres in effect on or |
| 23 | | before the effective date of this amendatory Act of the 96th |
|
| | HB5237 | - 6 - | LRB103 38625 RTM 68762 b |
|
|
|
| 1 | | General Assembly shall continue to be eligible under the |
| 2 | | Illinois Forestry Development Act provisions. The proposed |
| 3 | | forest management plan shall include a description of the land |
| 4 | | to be managed under the plan, a description of the types of |
| 5 | | timber to be grown, a projected harvest schedule, a |
| 6 | | description of forest management practices to be applied to |
| 7 | | the land, an estimation of the cost of such practices, plans |
| 8 | | for afforestation, plans for regenerative harvest and |
| 9 | | reforestation, and a description of soil and water |
| 10 | | conservation goals and wildlife habitat enhancement which will |
| 11 | | be served by implementation of the forest management plan. |
| 12 | | Upon receipt from a timber grower of a draft forest |
| 13 | | management plan, the Department shall review the plan and, if |
| 14 | | necessary, assist the timber grower to revise the plan. The |
| 15 | | Department shall officially approve acceptable plans. Forest |
| 16 | | management plans shall be revised as necessary and all |
| 17 | | revisions must be approved by the Department. A plan shall be |
| 18 | | evaluated every 2 years for reapproval. |
| 19 | | The eligible land shall be maintained in a forest |
| 20 | | condition for a period of 10 years or until commercial |
| 21 | | harvest, whichever last occurs, as required by the plan. |
| 22 | | The Department shall enter into agreements with timber |
| 23 | | growers with approved forest management plans under which the |
| 24 | | Department shall agree to pay a share of the total cost of |
| 25 | | acceptable forest management plans and practices implemented |
| 26 | | under the plan. The cost share amount is up to 80% of the total |
|
| | HB5237 | - 7 - | LRB103 38625 RTM 68762 b |
|
|
|
| 1 | | cost of the forest management practices for such practices |
| 2 | | approved to be funded from monies appropriated for this |
| 3 | | purpose for subsequent fiscal years. Cost share funds shall be |
| 4 | | paid from monies appropriated to the Department by the General |
| 5 | | Assembly for that purpose from the Illinois Forestry |
| 6 | | Development Fund or any other fund in the State Treasury. |
| 7 | | The Department, upon recommendations made to it by the |
| 8 | | Council, may provide for the categorization of forest |
| 9 | | management practices and determine an appropriate cost share |
| 10 | | percentage for each such category. Forest management practices |
| 11 | | submitted by timber growers on whose timber sales fees of 4% of |
| 12 | | the sale amount were paid as provided in Section 9a of the |
| 13 | | "Timber Buyers Licensing Act before the effective date of this |
| 14 | | amendatory Act of the 103rd General Assembly ", approved |
| 15 | | September 1, 1969, may be accorded a priority for approval |
| 16 | | within the assigned category. Such timber growers may receive |
| 17 | | a cost share amount which is increased above the amount for |
| 18 | | which they would otherwise qualify by an amount equal to the |
| 19 | | fees paid by the timber grower on sales occurring in the 2 |
| 20 | | fiscal years immediately preceding the fiscal year in which |
| 21 | | the forest management practices are approved and funded; |
| 22 | | provided, however, that the total cost share amount shall not |
| 23 | | exceed the total cost of the approved forest management |
| 24 | | practices. |
| 25 | | Upon transfer of his or her right and interest in the land |
| 26 | | or a change in land use, the timber grower shall forfeit all |
|
| | HB5237 | - 8 - | LRB103 38625 RTM 68762 b |
|
|
|
| 1 | | rights to future payments and other benefits resulting from an |
| 2 | | approved plan and shall refund to the Department all payments |
| 3 | | received therefrom during the previous 10 years unless the |
| 4 | | transferee of any such land agrees with the Department to |
| 5 | | assume all obligations under the plan. |
| 6 | | (Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.)
|
| 7 | | (525 ILCS 15/7) (from Ch. 96 1/2, par. 9107) |
| 8 | | Sec. 7. The Illinois Forestry Development Fund, a special |
| 9 | | fund in the State Treasury, is hereby created. The Department |
| 10 | | of Natural Resources shall pay into the Fund all fees and fines |
| 11 | | collected from timber buyers and landowners and operators |
| 12 | | pursuant to the "Timber Buyers Licensing Act", and the "Forest |
| 13 | | Products Transportation Act", all gifts, contributions, |
| 14 | | bequests, grants, donations, transfers, appropriations and all |
| 15 | | other revenues and receipts resulting from forestry programs, |
| 16 | | forest product sales, and operations of facilities not |
| 17 | | otherwise directed by State law and shall, except for the |
| 18 | | additional moneys deposited under Section 805-550 of the |
| 19 | | Department of Natural Resources (Conservation) Law of the |
| 20 | | Civil Administrative Code of Illinois, pay such moneys |
| 21 | | appropriated from the Fund to timber growers for |
| 22 | | implementation of acceptable forest management practices as |
| 23 | | provided in Section 5 of this Act. Moneys may be appropriated |
| 24 | | from the Fund for the expenses of the Illinois Forestry |
| 25 | | Development Council. Ordinary operating expenses of the Forest |