Full Text of SB2587 99th General Assembly
SB2587sam001 99TH GENERAL ASSEMBLY | Sen. John M. Sullivan Filed: 3/30/2016
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| 1 | | AMENDMENT TO SENATE BILL 2587
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2587 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Forestry Development Act is | 5 | | amended by changing Section 5 as follows:
| 6 | | (525 ILCS 15/5) (from Ch. 96 1/2, par. 9105)
| 7 | | Sec. 5. A forest development cost share program is created | 8 | | and shall
be administered by the Department of Natural | 9 | | Resources.
| 10 | | A timber grower who desires to participate in the cost | 11 | | share program shall
devise a forest management plan. To be | 12 | | eligible to submit a proposed forest
management plan, a timber | 13 | | grower must own or operate at least 10
contiguous acres of land | 14 | | in this State on which timber is produced, except
that, no acre | 15 | | on which a permanent building is located shall be included
in | 16 | | calculations of acreage for the
purpose of determining |
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| 1 | | eligibility. Timber growers with Department approved forest | 2 | | management plans covering less than 10 acres in effect on or | 3 | | before the effective date of this amendatory Act of the 96th | 4 | | General Assembly shall continue to be eligible under the | 5 | | Illinois Forestry Development Act provisions. The proposed | 6 | | forest management plan
shall include a description of the land | 7 | | to be managed under the plan, a
description of the types of | 8 | | timber to be grown, a projected harvest schedule,
a description | 9 | | of forest management practices to be applied to the land,
an | 10 | | estimation of the cost
of such practices, plans for | 11 | | afforestation, plans for regenerative harvest
and | 12 | | reforestation, and a description of soil and water conservation | 13 | | goals
and wildlife habitat enhancement which will be served by | 14 | | implementation of the forest
management plan.
| 15 | | Upon receipt from a timber grower of a draft forest | 16 | | management plan and fee ,
the Department shall review the plan | 17 | | and, if necessary, assist the timber
grower to revise the plan. | 18 | | The Department shall officially approve acceptable
plans. | 19 | | Forest management plans shall be revised as necessary and all
| 20 | | revisions must be approved by the Department. A plan shall be | 21 | | evaluated every 2 years
for reapproval.
| 22 | | The eligible land shall be maintained in a forest condition | 23 | | for a
period of 10 years or until commercial harvest, whichever | 24 | | last occurs, as
required by the plan.
| 25 | | The Department shall enter into agreements with timber | 26 | | growers with approved forest
management plans under which the |
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| 1 | | Department shall agree to pay
a share of the total cost of | 2 | | acceptable forest management
plans and practices implemented | 3 | | under the plan. The cost share amount
is up to 80% of the total | 4 | | cost of the forest management
practices for such practices | 5 | | approved to be funded from monies
appropriated for this purpose | 6 | | for subsequent fiscal years.
Cost share funds shall be paid | 7 | | from monies appropriated to the Department
by the General | 8 | | Assembly for that purpose from the Illinois Forestry | 9 | | Development
Fund or any other fund in the State Treasury.
| 10 | | The Department, upon recommendations made to it by the | 11 | | Council, may
provide for the categorization of forest | 12 | | management practices and determine
an appropriate cost share | 13 | | percentage for each such category. Forest
management practices
| 14 | | submitted by timber growers on whose timber sales fees of 4% of | 15 | | the sale
amount were paid as provided in Section 9a of the | 16 | | "Timber Buyers Licensing
Act", approved September 1, 1969, may | 17 | | be accorded a priority for approval
within the assigned | 18 | | category. Such timber growers may receive a cost share
amount | 19 | | which is increased
above the amount for which they would | 20 | | otherwise qualify by an amount equal to the fees paid by the | 21 | | timber grower on sales occurring in the
2 fiscal years | 22 | | immediately preceding the fiscal year in
which the forest
| 23 | | management practices are approved and funded; provided, | 24 | | however, that the
total cost share amount shall not exceed the | 25 | | total cost of the approved forest
management practices.
| 26 | | Upon transfer of his or her right and interest in the land |
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| 1 | | or a change in
land use, the timber grower shall forfeit all | 2 | | rights to future payments and
other benefits resulting from an | 3 | | approved plan and shall refund to the
Department all payments | 4 | | received therefrom during the previous 10 years
unless the | 5 | | transferee of any such land agrees with the Department to | 6 | | assume
all obligations under the plan.
| 7 | | (Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.)
| 8 | | Section 10. The State Forest Act is amended by changing | 9 | | Section 6 as follows:
| 10 | | (525 ILCS 40/6) (from Ch. 96 1/2, par. 5907)
| 11 | | Sec. 6.
The Department shall have the authority to take all | 12 | | measures
necessary to secure plants and plant materials from | 13 | | private sources and to
establish and operate nurseries to | 14 | | produce and distribute plants and plant
materials. The | 15 | | Department shall develop and implement a program of
securing | 16 | | plants and plant materials from private sources. The Department
| 17 | | shall utilize the most modern methods and
techniques to operate | 18 | | its nursery facilities.
| 19 | | The plants and plant materials secured or produced
shall be | 20 | | used exclusively for conservation purposes, such as
for | 21 | | wildlife habitat, erosion control, energy conservation, | 22 | | natural
community restoration, general reforestation, | 23 | | research, commemorative
plantings, and educational programs | 24 | | such as Arbor Day. Plants and plant
materials distributed by |
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| 1 | | the State shall not be used for ornamental,
landscaping or | 2 | | shade tree purposes. Plants and plant
materials secured or | 3 | | produced and distributed by the State nurseries are to
be | 4 | | protected against
abuses, such as may occur in the event of | 5 | | livestock grazing or wildfire.
| 6 | | The Department may cooperate with any person or group | 7 | | desirous of
establishing plants or plant materials for | 8 | | conservation plantings by (a) selling
furnishing trees, | 9 | | shrubs, flower seeds or other materials where deemed necessary
| 10 | | or desirable, or (b) providing labor, equipment and technical | 11 | | supervision to
plan and implement the conservation plantings, | 12 | | or both.
| 13 | | Plants and plant materials may be provided, upon approval | 14 | | of a written
management plan, without charge to individual | 15 | | landowners, State agencies
and institutions, local | 16 | | governments, civic groups and others for conservation | 17 | | plantings but shall be sold at a price approximately equal to | 18 | | the cost of acquisition or production and distribution .
| 19 | | Plants and plant materials may be provided without charge | 20 | | to government
agencies and institutions, organized groups or | 21 | | individuals for special
conservation plantings, research | 22 | | plantings, educational purposes and
commemorative plantings | 23 | | but shall be sold at a price approximately equal to the cost of | 24 | | acquisition or production and distribution .
| 25 | | Plants and plant materials may be made available to the | 26 | | general public,
mining companies, other industries and
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| 1 | | agencies of the federal government but shall be sold at a price
| 2 | | approximately equal to the cost of acquisition or production | 3 | | and distribution.
| 4 | | Products such as Christmas trees, roundwood and other | 5 | | materials derived
from State distributed plants or plant | 6 | | materials may be utilized, sold or
removed, except that no such | 7 | | plants shall be resold, bartered or given away
and removed | 8 | | alive with the roots attached.
| 9 | | The Department may effect exchanges, purchases or sales | 10 | | involving plants
and plant materials with other states or with | 11 | | agencies of the federal
government.
| 12 | | The Department shall have the authority to make such rules | 13 | | and
regulations pursuant to the Illinois Administrative | 14 | | Procedure Act as it
deems necessary for carrying out, | 15 | | administering and enforcing the
provisions of this Act.
| 16 | | (Source: P.A. 91-357, eff. 7-29-99.)".
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