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HB4549 Engrossed |
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LRB095 17056 RCE 43105 b |
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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 |
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| by changing Sections 2, 4, 5, 6a, and 7 as 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 |
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| ascribed to them
in this Section:
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| (a) "Acceptable forest forestry management practices" |
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| means preparation of a forest
forestry management plan, site |
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| preparation,
brush control, purchase of planting stock, |
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| planting, weed and pest control,
fire control, fencing, fire |
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| management practices, timber stand improvement,
timber harvest |
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| and any other practices determined by the Department of
Natural |
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| Resources to be essential to responsible timber
management.
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| (b) "Approved forest forestry management plan" means a |
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| management plan approved
by the Department of Natural Resources |
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| pursuant to Section
5 of this Act.
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| (c) "Council" means the Illinois Council on Forestry |
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| Development Council
created by this Act.
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| (d) "Department" means the Department of Natural |
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| Resources.
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| (e) "Forest product" means timber which can be used for |
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HB4549 Engrossed |
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LRB095 17056 RCE 43105 b |
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| sawing or processing
into lumber for building or structural |
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| purposes, for pulp paper, chemicals
or fuel, for the |
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| 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 |
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| created by this Act.
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| (g) "Timber" means trees, standing or felled, and parts |
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| thereof, excluding
Christmas trees and producers of firewood.
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| (h) "Timber buyer" means any person defined as a timber |
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| buyer pursuant
to Section 2 of the "Timber Buyers Licensing |
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| Act", approved September 15,
1969, as amended.
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| (i) "Timber grower" means the owner, tenant or operator of |
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| land in this
State who has an interest in, or is entitled to |
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| receive any part of the
proceeds from, the sale of timber grown |
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| in this State and includes persons
exercising authority to sell |
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| 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 |
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| program created by Section
5 of this Act and coordinate with |
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| the United States Department of Agriculture
- Natural Resource |
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| Conservation Service Soil Conservation Service and the Farm |
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| Service Agency Agricultural Stabilization and Conservation
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| Service in the administration of such program.
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HB4549 Engrossed |
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LRB095 17056 RCE 43105 b |
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| (b) Approve acceptable forest forestry management plans as |
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| required by Section 5 of
this Act.
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| (c) Provide assistance to the Illinois Council on
Forestry |
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| Development Council .
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| (d) Promote the development of an active forest forestry |
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| industry in this State
by providing information to timber |
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| growers relating to acceptable management
practices, |
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| suitability of various kinds of timber to various land types,
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| marketability of various types of timber, market strategies |
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| including marketing
cooperatives, availability of State and |
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| federal government assistance, soil
and water conservation |
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| benefits, and wildlife habitat enhancement
opportunities.
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| (e) Provide any aid or information requested by the |
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| Illinois
Finance
Authority in relation to forest forestry |
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| industry assistance programs implemented
under the Illinois |
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| 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 |
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| created and shall
be administered by the Department of Natural |
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| Resources.
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| A timber grower who desires to participate in the cost |
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| share program shall
devise a forest forestry management plan. |
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| To be eligible to submit a proposed forest
forestry management |
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| plan, a timber grower must own or operate at least 5
contiguous |
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HB4549 Engrossed |
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LRB095 17056 RCE 43105 b |
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| acres of land in this State on which timber is produced, except
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| that, no acre on which a permanent building is located shall be |
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| included
in calculations of acreage for the
purpose of |
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| determining eligibility. The proposed forest forestry |
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| management plan
shall include a description of the land to be |
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| managed under the plan, a
description of the types of timber to |
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| be grown, a projected harvest schedule,
a description of forest |
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| forestry management practices to be applied to the land,
an |
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| estimation of the cost
of such practices, plans for |
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| afforestation, plans for regenerative harvest
and |
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| reforestation, and a description of soil and water conservation |
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| goals
and wildlife habitat enhancement which will be served by |
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| implementation of the forest
forestry management plan.
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| Upon receipt from a timber grower of a draft forest |
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| forestry management plan,
the Department shall review the plan |
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| and, if necessary, assist the timber
grower to revise the plan. |
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| The Department shall officially approve acceptable
plans. |
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| Forest Forestry management plans shall be revised as necessary |
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| and all
revisions must be approved by the Department. A plan |
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| shall be evaluated every 2 years
annually for reapproval.
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| The eligible land shall be maintained in a forest condition |
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| for a
period of 10 years or until commercial harvest, whichever |
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| last occurs, as
required by the plan.
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| The Department shall enter into agreements with timber |
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| growers with approved forest
forestry management plans under |
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| which the Department shall agree to pay
a share of the total |
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HB4549 Engrossed |
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LRB095 17056 RCE 43105 b |
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| cost of acceptable forest forestry management
plans and |
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| practices implemented under the plan. The cost share amount
is |
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| 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 |
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| share funds shall be paid from monies appropriated to the |
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| Department
by the General Assembly for that purpose from the |
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| Illinois Forestry Development
Fund or any other fund in the |
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| State Treasury.
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| The Department, upon recommendations made to it by the |
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| Council, may
provide for the categorization of forest forestry |
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| management practices and determine
an appropriate cost share |
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| percentage for each such category. Forest Forestry
management |
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| practices
submitted by timber growers on whose timber sales |
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| fees of 4% of the sale
amount were paid as provided in Section |
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| 9a of the "Timber Buyers Licensing
Act", approved September 1, |
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| 1969, may be accorded a priority for approval
within the |
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| 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 |
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| 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 |
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| the
2 fiscal years immediately preceding the fiscal year in
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| which the forest forestry
management practices are approved and |
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| funded; provided, however, that the
total cost share amount |
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| shall not exceed the total cost of the approved forest
forestry |
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| management practices.
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HB4549 Engrossed |
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LRB095 17056 RCE 43105 b |
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| Upon transfer of his or her his right and interest in the |
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| land or a change in
land use, the timber grower shall forfeit |
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| all rights to future payments and
other benefits resulting from |
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| an approved plan and shall refund to the
Department all |
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| payments received therefrom during the previous 10 years
unless |
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| the transferee of any such land agrees with the Department to |
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| 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 15/6a) (from Ch. 96 1/2, par. 9106a)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 6a. Illinois Forestry Development Council.
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| (a) The Illinois Forestry Development Council is hereby |
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| re-created by this
amendatory Act of the 95th 91st General |
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| Assembly.
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| (b) The Council shall consist of 29 24 members appointed as
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| follows:
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| (1) four members of the General Assembly, one appointed |
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| by the President
of the Senate, one appointed by the Senate |
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| Minority Leader, one appointed by
the Speaker of the House |
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| of Representatives, and one appointed by the House
Minority |
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| Leader;
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| (2) one member appointed by the Governor to represent |
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| the Governor;
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| (3) the Directors of the Departments of Natural |
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| Resources, Agriculture,
and Commerce and Economic |
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HB4549 Engrossed |
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LRB095 17056 RCE 43105 b |
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| Opportunity, the Executive Director of the Illinois
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| Finance Authority, and the Director of the Office of Rural |
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| Affairs, or
their designees;
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| (4) the chair chairman of the Department of Forestry or |
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| a forestry academician,
appointed by the Dean of |
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| Agricultural Sciences Agriculture at Southern Illinois |
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| University at
Carbondale;
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| (5) the head of the Department of Natural Resources and |
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| Environmental
Sciences or a forestry academician, |
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| appointed by the Dean of Agricultural Consumer and |
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| Environmental Sciences of Agriculture at the
University of |
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| Illinois at Urbana-Champaign ;
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| (6) two members, appointed by the Governor, who shall |
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| be private timber
growers;
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| (7) one member, appointed by the president of a |
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| statewide association involved in promoting wood products |
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| the Illinois Wood Products
Association , who shall be |
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| involved in primary forest forestry industry;
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| (8) one member, appointed by the president of a |
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| statewide association involved in promoting wood products |
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| the Illinois Wood Products
Association , who shall be |
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| involved in secondary forest forestry industry;
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| (9) one member who is actively involved in |
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| environmental issues, appointed
by the Governor;
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| (10) the president of a statewide association involved |
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| in promoting soil and water conservation the Association of |
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HB4549 Engrossed |
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LRB095 17056 RCE 43105 b |
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| Illinois Soil and Water
Conservation Districts ;
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| (11) two persons who are actively engaged in farming, |
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| appointed by the
Governor;
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| (12) one member, appointed by the Governor, whose |
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| primary area of
expertise is urban forestry;
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| (13) one member appointed by the president of a |
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| statewide organization of arborists President of the |
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| Illinois Arborists
Association ;
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| (14) the Supervisor of the Shawnee National Forest and |
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| the United States
Department of Agriculture Natural |
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| Resource Conservation Service's
State Conservationist, ex |
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| officio, or their designees ; .
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| (15) the president of a statewide association involved |
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| in promoting Illinois forestry; |
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| (16) the president of a statewide association involved |
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| in promoting Illinois walnut trees; |
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| (17) the chair of a statewide association involved in |
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| promoting Illinois tree farms; |
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| (18) the president of a statewide association of |
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| American foresters; and |
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| (19) the president of a statewide association |
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| promoting Illinois wildlife. |
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| For those appointees that are currently serving on the |
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| Council prior to the effective date of this amendatory Act of |
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| the 95th General Assembly, their term shall expire 2 years |
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| after that effective date. |
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HB4549 Engrossed |
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LRB095 17056 RCE 43105 b |
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| (c) Members of the Council shall serve without compensation |
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| but shall
be reimbursed for actual expenses incurred in the |
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| performance of their duties
which are not otherwise reimbursed.
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| (d) The Council shall select from its membership a |
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| chairperson and
such other officers as it considers necessary.
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| (e) Other individuals, agencies and organizations may be |
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| invited to
participate as deemed advisable by the Council.
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| (f) The Council shall study and evaluate the forest |
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| forestry resources and forest
forestry industry of Illinois. |
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| The Council shall:
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| (1) determine the magnitude, nature and extent of the |
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| State's forest forestry
resources;
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| (2) determine current uses and project future demand |
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| for forest products,
services and benefits in Illinois;
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| (3) determine and evaluate the ownership |
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| characteristics of the State's
forests, the motives for |
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| forest ownership and the success of incentives
necessary to |
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| stimulate development of forest resources;
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| (4) determine the economic development and management |
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| opportunities that
could result from improvements in local |
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| and regional forest product
marketing and from the |
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| establishment of new or additional wood-related
businesses |
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| in Illinois;
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| (5) confer with and offer assistance to the Illinois |
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| Finance
Authority relating to its implementation of forest |
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| industry assistance
programs authorized by the Illinois |
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HB4549 Engrossed |
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LRB095 17056 RCE 43105 b |
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| Finance Authority Act;
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| (6) determine the opportunities for increasing |
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| employment and economic
growth through development of |
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| forest resources;
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| (7) determine the effect of current governmental |
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| policies and regulations
on the management of woodlands and |
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| the location of wood products markets;
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| (8) determine the staffing and funding needs for forest |
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| forestry and other
conservation programs to support and |
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| enhance forest resources development;
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| (9) determine the needs of forest forestry education |
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| programs in this State;
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| (10) confer with and offer assistance to the Department |
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| of Natural
Resources relating to the implementation of |
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| urban forest forestry assistance grants
pursuant to the |
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| Urban and Community Forestry Assistance Act; and
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| (11) determine soil and water conservation benefits |
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| and wildlife habitat
enhancement opportunities that can be |
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| promoted through approved forest forestry
management |
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| plans.
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| (g) The Council shall report (i) its findings and |
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| recommendations for
future State action and (ii) its evaluation |
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| of Urban/Community Forestry
Assistance Grants to the General |
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| Assembly no later than July 1 of each year.
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| (h) This Section 6a is repealed December 31, 2018 2008 .
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| (i) Notwithstanding any other rulemaking authority that |
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HB4549 Engrossed |
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LRB095 17056 RCE 43105 b |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and the Secretary of the Senate and by requesting that the |
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| General Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this subsection, "rules" |
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| is given the meaning contained in Section 1-70 of the Illinois |
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| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 93-205, eff. 1-1-04; 94-793, eff. 5-19-06.)
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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 |
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HB4549 Engrossed |
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LRB095 17056 RCE 43105 b |
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| fund in the State
Treasury, is hereby created. The Department |
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| of Natural Resources shall pay into the Fund all fees and fines |
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| 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, |
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| bequests, grants,
donations, transfers, appropriations and all |
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| other revenues and receipts
resulting from forest forestry |
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| programs, forest product sales, and operations of
facilities |
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| not otherwise directed by State law and shall pay
such monies |
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| appropriated from the Fund to timber growers for
implementation |
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| of acceptable forest forestry management practices as
provided |
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| in Section 5 of this Act. Monies may be appropriated
from the |
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| Fund for the expenses of the Illinois Forestry Development |
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| Council.
Ordinary operating expenses of the Forest Resources |
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| Division of the
Department, for the administration and |
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| implementation of this Act, the
development and implementation |
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| of a wood industry marketing, development
and promotions |
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| program and other programs beneficial to advancing forests
and |
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| forest forestry in this State, as deemed appropriate by the |
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| General Assembly,
may be appropriated from this fund to the |
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| extent such appropriations
preserve the receipts to the Fund |
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| derived from 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 |
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| becoming law.
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