Full Text of HB3070 101st General Assembly
HB3070 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3070 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: |
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525 ILCS 15/5 | from Ch. 96 1/2, par. 9105 |
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Amends the Illinois Forestry Development Act. Provides that beginning in tax year 2019, 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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning conservation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Forestry Development Act is amended | 5 | | by 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 | 8 | | share program is created and shall
be administered by the | 9 | | Department of Natural 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 | 17 | | eligibility. Timber growers with Department approved forest | 18 | | management plans covering less than 10 acres in effect on or | 19 | | before the effective date of this amendatory Act of the 96th | 20 | | General Assembly shall continue to be eligible under the | 21 | | Illinois Forestry Development Act provisions. The proposed | 22 | | forest management plan
shall include a description of the land | 23 | | to be managed under the plan, a
description of the types of |
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| 1 | | timber to be grown, a projected harvest schedule,
a description | 2 | | of forest management practices to be applied to the land,
an | 3 | | estimation of the cost
of such practices, plans for | 4 | | afforestation, plans for regenerative harvest
and | 5 | | reforestation, and a description of soil and water conservation | 6 | | goals
and wildlife habitat enhancement which will be served by | 7 | | implementation of the forest
management plan.
| 8 | | Upon receipt from a timber grower of a draft forest | 9 | | management plan,
the Department shall review the plan and, if | 10 | | necessary, assist the timber
grower to revise the plan. The | 11 | | Department shall officially approve acceptable
plans. Forest | 12 | | management plans shall be revised as necessary and all
| 13 | | revisions must be approved by the Department. A plan shall be | 14 | | evaluated every 2 years
for reapproval.
| 15 | | The eligible land shall be maintained in a forest condition | 16 | | for a
period of 10 years or until commercial harvest, whichever | 17 | | occurs later last occurs , as
required by the plan. Beginning in | 18 | | tax year 2019, eligible land shall be maintained in a forest | 19 | | condition for a period of 10 years or until commercial harvest, | 20 | | whichever occurs later, or for a period of up to 20 years, as | 21 | | 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 |
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| 1 | | cost of the forest management
practices for such practices | 2 | | approved to be funded from monies
appropriated for this purpose | 3 | | for subsequent fiscal years.
Cost share funds shall be paid | 4 | | 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", approved September 1, 1969, may | 14 | | be accorded a priority for approval
within the assigned | 15 | | category. Such timber growers may receive a cost share
amount | 16 | | which is increased
above the amount for which they would | 17 | | otherwise qualify by an amount equal to the fees paid by the | 18 | | timber grower on sales occurring in the
2 fiscal years | 19 | | immediately preceding the fiscal year in
which the forest
| 20 | | management practices are approved and funded; provided, | 21 | | however, that the
total cost share amount shall not exceed the | 22 | | total cost of the approved forest
management practices.
| 23 | | Upon transfer of his or her right and interest in the land | 24 | | or a change in
land use, the timber grower shall forfeit all | 25 | | rights to future payments and
other benefits resulting from an | 26 | | approved plan and shall refund to the
Department all payments |
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| 1 | | received therefrom during the previous 10 years
unless the | 2 | | transferee of any such land agrees with the Department to | 3 | | assume
all obligations under the plan.
| 4 | | (Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.)
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