103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3512

 

Introduced 2/9/2024, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 735/9a  from Ch. 111, par. 709a
225 ILCS 735/11  from Ch. 111, par. 711
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. Removes language that requires 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. Removes language that requires 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.


LRB103 38632 RTM 68769 b

 

 

A BILL FOR

 

SB3512LRB103 38632 RTM 68769 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Legislative intent. The General Assembly finds
5the 4% timber buyer harvest fee is not being fully utilized for
6its original intended purpose of assisting timber growers in
7replacing timber being harvested, thus the General Assembly
8finds the assessment and collection of the 4% timber buyer
9harvest fee should be eliminated.
 
10    Section 5. The Timber Buyers Licensing Act is amended by
11changing Sections 9a and 11 as follows:
 
12    (225 ILCS 735/9a)  (from Ch. 111, par. 709a)
13    Sec. 9a. Reporting a harvest fee.
14    (a) When a timber buyer buys timber in this State, the
15timber buyer and timber grower shall determine the amount to
16be paid for such timber, or the value of items to be bartered
17for such timber, and the timber buyer shall deduct from the
18payment to the timber grower an amount which equals 4% of the
19purchase price or 4% of the minimum fair market value, as
20determined pursuant to administrative rule, when purchase
21price cannot otherwise be determined and shall forward such
22amount to the Department of Natural Resources.

 

 

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1    (b) When a timber buyer buys timber in this State, the
2timber buyer shall file a report to the Department on a report
3form provided by the Department. The information provided on
4the report form shall include the amount paid for the timber to
5each timber grower and the 4% that is due to the Department for
6each sale, and any other information that is required by the
7Department pursuant to administrative rule. A timber buyer
8shall provide the timber grower a written or electronic
9payment receipt for each transaction of timber bought from the
10timber grower and keep a duplicate or copy of the payment
11receipt in the timber buyer's records. All timber buyers shall
12provide a written receipt upon request of the Department.
13    (c) (Blank). Every timber grower who utilizes timber
14produced on land the timber grower owns or operates for sawing
15into lumber, for processing, or for resale, shall pay to the
16Department, when the periodic report is submitted, an amount
17equal to 4% of the minimum fair market value of the timber
18utilized during the period. The value of such timber shall be
19determined pursuant to rule of the Department.
20    (d) Every timber grower who utilizes timber produced on
21land the timber grower owns or operates for sawing into lumber
22for processing or for resale, shall report periodically, as
23required by this Act or administrative rule of the Department,
24the quantity, value, and species of timber produced and
25utilized by the owner or operator during the reporting period.
26    (e) Subsection Subsections (c) and (d) shall not apply to

 

 

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1a person who uses the person's own timber for sawing or
2processing for personal use and not for resale.
3    (f) (Blank). The fees required by this Section shall be
4deposited in the Illinois Forestry Development Fund, a special
5fund in the State treasury, for the purposes of the Illinois
6Forestry Development Act.
7(Source: P.A. 103-218, eff. 1-1-24.)
 
8    (225 ILCS 735/11)  (from Ch. 111, par. 711)
9    Sec. 11. Penalties and fines. All fines and penalties
10associated with violations of this Act or administrative rules
11thereunder, except as otherwise provided in this Act, are
12payable 50% to the Department's Conservation Police Operations
13Assistance Fund and 50% to the Department's Illinois Forestry
14Development Fund.
15    (a) Except as otherwise provided in this Act any person in
16violation of any of the provisions of this Act, or
17administrative rules thereunder, shall be guilty of a Class A
18misdemeanor.
19    (a-5) Any person convicted of violating Section 3 of this
20Act shall be guilty of a Class A misdemeanor and fined at least
21$500 for a first offense and guilty of a Class 4 felony and
22fined at least $1,000 for a second or subsequent offense.
23    (a-10) Any person convicted of violating subsection (a) of
24Section 5 is guilty of a Class A misdemeanor if the aggregate
25value of the timber cut, caused to be cut, or appropriated is

 

 

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1equal to or less than $500.
2    (a-15) (Blank). Any person convicted of violating
3subsection (a) or (c) of Section 9a is guilty of a Class A
4misdemeanor if the aggregate value of the amount due to the
5Department is equal to or less than $500.
6    (b) Any person convicted of violating subsection (a) of
7Section 5 of this Act is guilty of a Class 4 felony if the
8aggregate value of the timber cut, caused to be cut or
9appropriated is over $500 but not more than $2,500.
10    (b-2) (Blank). Any person convicted of violating
11subsection (a) or (c) of Section 9a is guilty of a Class 4
12felony if the aggregate value of the amount due to the
13Department is over $500 but not more than $2,500.
14    (b-5) Any person convicted of violating subsection (a) of
15Section 5 of this Act is guilty of a Class 3 felony if the
16aggregate value of the timber cut, caused to be cut, or
17appropriated is over $2,500 but not more than $10,000.
18    (b-7) (Blank). Any person convicted of violating
19subsection (a) or (c) of Section 9a is guilty of a Class 3
20felony if the aggregate value of the amount due to the
21Department is over $2,500 but not more than $10,000.
22    (b-10) Any person convicted of violating subsection (a) of
23Section 5 of this Act is guilty of a Class 2 felony if the
24aggregate value of the timber cut, caused to be cut, or
25appropriated is over $10,000.
26    (b-12) (Blank). Any person convicted of violating

 

 

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1subsection (a) or (c) of Section 9a is guilty of a Class 2
2felony if the aggregate value of the amount due to the
3Department is over $10,000.
4    (b-15) The aggregate value of the timber cut, caused to be
5cut, or appropriated shall be determined as provided by
6administrative rule.
7    (c) A person convicted of violating subsection (b) of
8Section 5 of this Act is guilty of a Class A misdemeanor. A
9person convicted of a second or subsequent violation is guilty
10of a Class 4 felony.
11    (c-5) A person convicted of violating subsection (c) of
12Section 5 is guilty of a Class A misdemeanor.
13    (c-10) A person convicted of violating subsection (d) of
14Section 5 is guilty of a Class A misdemeanor and shall be
15assessed a fine of not less than $1,000. A person convicted of
16a second or subsequent violation is guilty of a Class 4 felony
17and shall be assessed a fine of not less than $2,000.
18    (c-15) A person convicted of violating subsection (f) of
19Section 5 is guilty of a Class B misdemeanor.
20    (c-20) A person convicted of violating subsection (g) of
21Section 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
24Fund for the purposes of the Illinois Forestry Development
25Act.
26    (e) (Blank). Failure to pay any purchase harvest fee

 

 

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1required under Section 9a of this Act on the date as required
2by regulation of the Department, there shall be added as a
3penalty an amount equal to 7.5% of the harvest fee due the
4Department for each month or fraction thereof during which
5such failure continues, not to exceed 37.5% in the aggregate.
6This penalty shall be in addition to any other penalty
7determined under this Act or by the circuit court.
8    (f) A person convicted of violating subsection (b) or (d)
9of Section 9a shall be guilty of a Class C misdemeanor and
10shall be assessed a penalty in the amount of $25, which shall
11be added to the amount due the Department for each individual
12report. A second or subsequent offense within a 3-year period
13after the date of the first offense is a Class A misdemeanor.
14    (g) All fines required in this Section shall be in
15addition to any other penalty authorized under this Act, the
16Unified Code of Corrections, or imposed by the circuit court.
17    (h) Any person who knowingly or intentionally violates any
18of the provisions of this Act, or administrative rules
19thereunder, when the person's license has been revoked or
20denied or the person's ability to engage in the activity
21requiring the license has been suspended under Section 13 is
22guilty of:
23        (1) a Class 4 felony if the underlying offense that
24    was committed during a period of revocation or suspension
25    is a misdemeanor; or
26        (2) one classification higher if the underlying

 

 

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1    offense that was committed during a period of revocation
2    or suspension is a felony.
3(Source: P.A. 103-218, eff. 1-1-24.)
 
4    Section 10. The Illinois Forestry Development Act is
5amended by changing Sections 5 and 7 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
8and shall be administered by the Department of Natural
9Resources.
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
24timber to be grown, a projected harvest schedule, a

 

 

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

 

 

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1Development Fund or any other fund in the State Treasury.
2    The Department, upon recommendations made to it by the
3Council, may provide for the categorization of forest
4management practices and determine an appropriate cost share
5percentage for each such category. Forest management practices
6submitted by timber growers on whose timber sales fees of 4% of
7the sale amount were paid as provided in Section 9a of the
8"Timber Buyers Licensing Act before the effective date of this
9amendatory Act of the 103rd General Assembly ", approved
10September 1, 1969, may be accorded a priority for approval
11within the assigned category. Such timber growers may receive
12a cost share amount which is increased above the amount for
13which they would otherwise qualify by an amount equal to the
14fees paid by the timber grower on sales occurring in the 2
15fiscal years immediately preceding the fiscal year in which
16the forest management practices are approved and funded;
17provided, however, that the total cost share amount shall not
18exceed the total cost of the approved forest management
19practices.
20    Upon transfer of his or her right and interest in the land
21or a change in land use, the timber grower shall forfeit all
22rights to future payments and other benefits resulting from an
23approved plan and shall refund to the Department all payments
24received therefrom during the previous 10 years unless the
25transferee of any such land agrees with the Department to
26assume all obligations under the plan.

 

 

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1(Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.)
 
2    (525 ILCS 15/7)  (from Ch. 96 1/2, par. 9107)
3    Sec. 7. The Illinois Forestry Development Fund, a special
4fund in the State Treasury, is hereby created. The Department
5of Natural Resources shall pay into the Fund all fees and fines
6collected from timber buyers and landowners and operators
7pursuant to the "Timber Buyers Licensing Act", and the "Forest
8Products Transportation Act", all gifts, contributions,
9bequests, grants, donations, transfers, appropriations and all
10other revenues and receipts resulting from forestry programs,
11forest product sales, and operations of facilities not
12otherwise directed by State law and shall, except for the
13additional moneys deposited under Section 805-550 of the
14Department of Natural Resources (Conservation) Law of the
15Civil Administrative Code of Illinois, pay such moneys
16appropriated from the Fund to timber growers for
17implementation of acceptable forest management practices as
18provided in Section 5 of this Act. Moneys may be appropriated
19from the Fund for the expenses of the Illinois Forestry
20Development Council. Ordinary operating expenses of the Forest
21Resources Division of the Department, for the administration
22and implementation of this Act, the development and
23implementation of a wood industry marketing, development and
24promotions program and other programs beneficial to advancing
25forests and forestry in this State, as deemed appropriate by

 

 

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1the General Assembly, may be appropriated from this fund to
2the extent such appropriations preserve the receipts to the
3Fund derived from Section 9a of the "Timber Buyers Licensing
4Act before the effective date of this amendatory Act of the
5103rd General Assembly "
.
6(Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09;
796-1160, eff. 1-1-11.)