Illinois General Assembly - Full Text of HB4335
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Full Text of HB4335  100th General Assembly

HB4335 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4335

 

Introduced , by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
525 ILCS 15/5  from Ch. 96 1/2, par. 9105

    Amends the Illinois Forestry Development Act. Provides that beginning in tax year 2018, eligible land shall be maintained in a forest condition for a period of 10 years or until commercial harvest, whichever occurs later, or for a period of up to 20 years, as required by the plan.


LRB100 18110 SLF 33304 b

 

 

A BILL FOR

 

HB4335LRB100 18110 SLF 33304 b

1    AN ACT concerning conservation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Forestry Development Act is amended
5by changing Section 5 as follows:
 
6    (525 ILCS 15/5)  (from Ch. 96 1/2, par. 9105)
7    Sec. 5. Forest management plan. A forest development cost
8share program is created and shall be administered by the
9Department of Natural Resources.
10    A timber grower who desires to participate in the cost
11share program shall devise a forest management plan. To be
12eligible to submit a proposed forest management plan, a timber
13grower must own or operate at least 10 contiguous acres of land
14in this State on which timber is produced, except that, no acre
15on which a permanent building is located shall be included in
16calculations of acreage for the purpose of determining
17eligibility. Timber growers with Department approved forest
18management plans covering less than 10 acres in effect on or
19before the effective date of this amendatory Act of the 96th
20General Assembly shall continue to be eligible under the
21Illinois Forestry Development Act provisions. The proposed
22forest management plan shall include a description of the land
23to be managed under the plan, a description of the types of

 

 

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1timber to be grown, a projected harvest schedule, a description
2of forest management practices to be applied to the land, an
3estimation of the cost of such practices, plans for
4afforestation, plans for regenerative harvest and
5reforestation, and a description of soil and water conservation
6goals and wildlife habitat enhancement which will be served by
7implementation of the forest management plan.
8    Upon receipt from a timber grower of a draft forest
9management plan, the Department shall review the plan and, if
10necessary, assist the timber grower to revise the plan. The
11Department shall officially approve acceptable plans. Forest
12management plans shall be revised as necessary and all
13revisions must be approved by the Department. A plan shall be
14evaluated every 2 years for reapproval.
15    The eligible land shall be maintained in a forest condition
16for a period of 10 years or until commercial harvest, whichever
17occurs later last occurs, as required by the plan. Beginning in
18tax year 2018, eligible land shall be maintained in a forest
19condition for a period of 10 years or until commercial harvest,
20whichever occurs later, or for a period of up to 20 years, as
21required by the plan.
22    The Department shall enter into agreements with timber
23growers with approved forest management plans under which the
24Department shall agree to pay a share of the total cost of
25acceptable forest management plans and practices implemented
26under the plan. The cost share amount is up to 80% of the total

 

 

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1cost of the forest management practices for such practices
2approved to be funded from monies appropriated for this purpose
3for subsequent fiscal years. Cost share funds shall be paid
4from monies appropriated to the Department by the General
5Assembly for that purpose from the Illinois Forestry
6Development Fund or any other fund in the State Treasury.
7    The Department, upon recommendations made to it by the
8Council, may provide for the categorization of forest
9management practices and determine an appropriate cost share
10percentage for each such category. Forest management practices
11submitted by timber growers on whose timber sales fees of 4% of
12the sale amount were paid as provided in Section 9a of the
13"Timber Buyers Licensing Act", approved September 1, 1969, may
14be accorded a priority for approval within the assigned
15category. Such timber growers may receive a cost share amount
16which is increased above the amount for which they would
17otherwise qualify by an amount equal to the fees paid by the
18timber grower on sales occurring in the 2 fiscal years
19immediately preceding the fiscal year in which the forest
20management practices are approved and funded; provided,
21however, that the total cost share amount shall not exceed the
22total cost of the approved forest management practices.
23    Upon transfer of his or her right and interest in the land
24or a change in land use, the timber grower shall forfeit all
25rights to future payments and other benefits resulting from an
26approved plan and shall refund to the Department all payments

 

 

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1received therefrom during the previous 10 years unless the
2transferee of any such land agrees with the Department to
3assume all obligations under the plan.
4(Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.)