Bill Text: IL SB3512 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-09 - Referred to Assignments [SB3512 Detail]
Download: Illinois-2023-SB3512-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 1. Legislative intent. The General Assembly finds | |||||||||||||||||||||||||
5 | the 4% timber buyer harvest fee is not being fully utilized for | |||||||||||||||||||||||||
6 | its original intended purpose of assisting timber growers in | |||||||||||||||||||||||||
7 | replacing timber being harvested, thus the General Assembly | |||||||||||||||||||||||||
8 | finds the assessment and collection of the 4% timber buyer | |||||||||||||||||||||||||
9 | harvest fee should be eliminated.
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10 | Section 5. The Timber Buyers Licensing Act is amended by | |||||||||||||||||||||||||
11 | changing Sections 9a and 11 as follows:
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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 | |||||||||||||||||||||||||
15 | timber buyer and timber grower shall determine the amount to | |||||||||||||||||||||||||
16 | be paid for such timber, or the value of items to be bartered | |||||||||||||||||||||||||
17 | for such timber , and the timber buyer shall deduct from the | |||||||||||||||||||||||||
18 | payment to the timber grower an amount which equals 4% of the | |||||||||||||||||||||||||
19 | purchase price or 4% of the minimum fair market value, as | |||||||||||||||||||||||||
20 | determined pursuant to administrative rule, when purchase | |||||||||||||||||||||||||
21 | price cannot otherwise be determined and shall forward such | |||||||||||||||||||||||||
22 | amount to the Department of Natural Resources . |
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1 | (b) When a timber buyer buys timber in this State, the | ||||||
2 | timber buyer shall file a report to the Department on a report | ||||||
3 | form provided by the Department. The information provided on | ||||||
4 | the report form shall include the amount paid for the timber to | ||||||
5 | each timber grower and the 4% that is due to the Department for | ||||||
6 | each sale, and any other information that is required by the | ||||||
7 | Department pursuant to administrative rule. A timber buyer | ||||||
8 | shall provide the timber grower a written or electronic | ||||||
9 | payment receipt for each transaction of timber bought from the | ||||||
10 | timber grower and keep a duplicate or copy of the payment | ||||||
11 | receipt in the timber buyer's records. All timber buyers shall | ||||||
12 | provide a written receipt upon request of the Department. | ||||||
13 | (c) (Blank). Every timber grower who utilizes timber | ||||||
14 | produced on land the timber grower owns or operates for sawing | ||||||
15 | into lumber, for processing, or for resale, shall pay to the | ||||||
16 | Department, when the periodic report is submitted, an amount | ||||||
17 | equal to 4% of the minimum fair market value of the timber | ||||||
18 | utilized during the period. The value of such timber shall be | ||||||
19 | determined pursuant to rule of the Department. | ||||||
20 | (d) Every timber grower who utilizes timber produced on | ||||||
21 | land the timber grower owns or operates for sawing into lumber | ||||||
22 | for processing or for resale, shall report periodically, as | ||||||
23 | required by this Act or administrative rule of the Department, | ||||||
24 | the quantity, value, and species of timber produced and | ||||||
25 | utilized by the owner or operator during the reporting period. | ||||||
26 | (e) Subsection Subsections (c) and (d) shall not apply to |
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1 | a person who uses the person's own timber for sawing or | ||||||
2 | processing for personal use and not for resale. | ||||||
3 | (f) (Blank). The fees required by this Section shall be | ||||||
4 | deposited in the Illinois Forestry Development Fund, a special | ||||||
5 | fund in the State treasury, for the purposes of the Illinois | ||||||
6 | Forestry Development Act. | ||||||
7 | (Source: P.A. 103-218, eff. 1-1-24 .)
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8 | (225 ILCS 735/11) (from Ch. 111, par. 711) | ||||||
9 | Sec. 11. Penalties and fines. All fines and penalties | ||||||
10 | associated with violations of this Act or administrative rules | ||||||
11 | thereunder, except as otherwise provided in this Act, are | ||||||
12 | payable 50% to the Department's Conservation Police Operations | ||||||
13 | Assistance Fund and 50% to the Department's Illinois Forestry | ||||||
14 | Development Fund. | ||||||
15 | (a) Except as otherwise provided in this Act any person in | ||||||
16 | violation of any of the provisions of this Act, or | ||||||
17 | administrative rules thereunder, shall be guilty of a Class A | ||||||
18 | misdemeanor. | ||||||
19 | (a-5) Any person convicted of violating Section 3 of this | ||||||
20 | Act 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 | ||||||
22 | fined at least $1,000 for a second or subsequent offense. | ||||||
23 | (a-10) Any person convicted of violating subsection (a) of | ||||||
24 | Section 5 is guilty of a Class A misdemeanor if the aggregate | ||||||
25 | value of the timber cut, caused to be cut, or appropriated is |
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1 | equal to or less than $500. | ||||||
2 | (a-15) (Blank). Any person convicted of violating | ||||||
3 | subsection (a) or (c) of Section 9a is guilty of a Class A | ||||||
4 | misdemeanor if the aggregate value of the amount due to the | ||||||
5 | Department is equal to or less than $500. | ||||||
6 | (b) Any person convicted of violating subsection (a) of | ||||||
7 | Section 5 of this Act is guilty of a Class 4 felony if the | ||||||
8 | aggregate value of the timber cut, caused to be cut or | ||||||
9 | appropriated is over $500 but not more than $2,500. | ||||||
10 | (b-2) (Blank). Any person convicted of violating | ||||||
11 | subsection (a) or (c) of Section 9a is guilty of a Class 4 | ||||||
12 | felony if the aggregate value of the amount due to the | ||||||
13 | Department is over $500 but not more than $2,500. | ||||||
14 | (b-5) Any person convicted of violating subsection (a) of | ||||||
15 | Section 5 of this Act is guilty of a Class 3 felony if the | ||||||
16 | aggregate value of the timber cut, caused to be cut, or | ||||||
17 | appropriated is over $2,500 but not more than $10,000. | ||||||
18 | (b-7) (Blank). Any person convicted of violating | ||||||
19 | subsection (a) or (c) of Section 9a is guilty of a Class 3 | ||||||
20 | felony if the aggregate value of the amount due to the | ||||||
21 | Department is over $2,500 but not more than $10,000. | ||||||
22 | (b-10) Any person convicted of violating subsection (a) of | ||||||
23 | Section 5 of this Act is guilty of a Class 2 felony if the | ||||||
24 | aggregate value of the timber cut, caused to be cut, or | ||||||
25 | appropriated is over $10,000. | ||||||
26 | (b-12) (Blank). Any person convicted of violating |
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1 | subsection (a) or (c) of Section 9a is guilty of a Class 2 | ||||||
2 | felony if the aggregate value of the amount due to the | ||||||
3 | Department is over $10,000. | ||||||
4 | (b-15) The aggregate value of the timber cut, caused to be | ||||||
5 | cut, or appropriated shall be determined as provided by | ||||||
6 | administrative rule. | ||||||
7 | (c) A person convicted of violating subsection (b) of | ||||||
8 | Section 5 of this Act is guilty of a Class A misdemeanor. A | ||||||
9 | person convicted of a second or subsequent violation is guilty | ||||||
10 | of a Class 4 felony. | ||||||
11 | (c-5) A person convicted of violating subsection (c) of | ||||||
12 | Section 5 is guilty of a Class A misdemeanor. | ||||||
13 | (c-10) A person convicted of violating subsection (d) of | ||||||
14 | Section 5 is guilty of a Class A misdemeanor and shall be | ||||||
15 | assessed a fine of not less than $1,000. A person convicted of | ||||||
16 | a second or subsequent violation is guilty of a Class 4 felony | ||||||
17 | and shall be assessed a fine of not less than $2,000. | ||||||
18 | (c-15) A person convicted of violating subsection (f) of | ||||||
19 | Section 5 is guilty of a Class B misdemeanor. | ||||||
20 | (c-20) A person convicted of violating subsection (g) of | ||||||
21 | Section 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 | ||||||
24 | Fund for the purposes of the Illinois Forestry Development | ||||||
25 | Act. | ||||||
26 | (e) (Blank). Failure to pay any purchase harvest fee |
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1 | required under Section 9a of this Act on the date as required | ||||||
2 | by regulation of the Department, there shall be added as a | ||||||
3 | penalty an amount equal to 7.5% of the harvest fee due the | ||||||
4 | Department for each month or fraction thereof during which | ||||||
5 | such failure continues, not to exceed 37.5% in the aggregate. | ||||||
6 | This penalty shall be in addition to any other penalty | ||||||
7 | determined under this Act or by the circuit court. | ||||||
8 | (f) A person convicted of violating subsection (b) or (d) | ||||||
9 | of Section 9a shall be guilty of a Class C misdemeanor and | ||||||
10 | shall be assessed a penalty in the amount of $25 , which shall | ||||||
11 | be added to the amount due the Department for each individual | ||||||
12 | report . A second or subsequent offense within a 3-year period | ||||||
13 | after the date of the first offense is a Class A misdemeanor. | ||||||
14 | (g) All fines required in this Section shall be in | ||||||
15 | addition to any other penalty authorized under this Act, the | ||||||
16 | Unified Code of Corrections, or imposed by the circuit court. | ||||||
17 | (h) Any person who knowingly or intentionally violates any | ||||||
18 | of the provisions of this Act, or administrative rules | ||||||
19 | thereunder, when the person's license has been revoked or | ||||||
20 | denied or the person's ability to engage in the activity | ||||||
21 | requiring the license has been suspended under Section 13 is | ||||||
22 | guilty 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 .)
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4 | Section 10. The Illinois Forestry Development Act is | ||||||
5 | amended by changing Sections 5 and 7 as follows:
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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 | ||||||
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 | ||||||
24 | timber to be grown, a projected harvest schedule, a |
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1 | description of forest management practices to be applied to | ||||||
2 | the land, an estimation of the cost of such practices, plans | ||||||
3 | for afforestation, plans for regenerative harvest and | ||||||
4 | reforestation, and a description of soil and water | ||||||
5 | conservation goals and wildlife habitat enhancement which will | ||||||
6 | be served by implementation of the forest management plan. | ||||||
7 | Upon receipt from a timber grower of a draft forest | ||||||
8 | management plan, the Department shall review the plan and, if | ||||||
9 | necessary, assist the timber grower to revise the plan. The | ||||||
10 | Department shall officially approve acceptable plans. Forest | ||||||
11 | management plans shall be revised as necessary and all | ||||||
12 | revisions must be approved by the Department. A plan shall be | ||||||
13 | evaluated every 2 years for reapproval. | ||||||
14 | The eligible land shall be maintained in a forest | ||||||
15 | condition for a period of 10 years or until commercial | ||||||
16 | harvest, whichever last occurs, as required by the plan. | ||||||
17 | The Department shall enter into agreements with timber | ||||||
18 | growers with approved forest management plans under which the | ||||||
19 | Department shall agree to pay a share of the total cost of | ||||||
20 | acceptable forest management plans and practices implemented | ||||||
21 | under the plan. The cost share amount is up to 80% of the total | ||||||
22 | cost of the forest management practices for such practices | ||||||
23 | approved to be funded from monies appropriated for this | ||||||
24 | purpose for subsequent fiscal years. Cost share funds shall be | ||||||
25 | paid from monies appropriated to the Department by the General | ||||||
26 | Assembly for that purpose from the Illinois Forestry |
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1 | Development Fund or any other fund in the State Treasury. | ||||||
2 | The Department, upon recommendations made to it by the | ||||||
3 | Council, may provide for the categorization of forest | ||||||
4 | management practices and determine an appropriate cost share | ||||||
5 | percentage for each such category. Forest management practices | ||||||
6 | submitted by timber growers on whose timber sales fees of 4% of | ||||||
7 | the sale amount were paid as provided in Section 9a of the | ||||||
8 | " Timber Buyers Licensing Act before the effective date of this | ||||||
9 | amendatory Act of the 103rd General Assembly ", approved | ||||||
10 | September 1, 1969, may be accorded a priority for approval | ||||||
11 | within the assigned category. Such timber growers may receive | ||||||
12 | a cost share amount which is increased above the amount for | ||||||
13 | which they would otherwise qualify by an amount equal to the | ||||||
14 | fees paid by the timber grower on sales occurring in the 2 | ||||||
15 | fiscal years immediately preceding the fiscal year in which | ||||||
16 | the forest management practices are approved and funded; | ||||||
17 | provided, however, that the total cost share amount shall not | ||||||
18 | exceed the total cost of the approved forest management | ||||||
19 | practices. | ||||||
20 | Upon transfer of his or her right and interest in the land | ||||||
21 | or a change in land use, the timber grower shall forfeit all | ||||||
22 | rights to future payments and other benefits resulting from an | ||||||
23 | approved plan and shall refund to the Department all payments | ||||||
24 | received therefrom during the previous 10 years unless the | ||||||
25 | transferee of any such land agrees with the Department to | ||||||
26 | assume 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.)
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2 | (525 ILCS 15/7) (from Ch. 96 1/2, par. 9107) | ||||||
3 | Sec. 7. The Illinois Forestry Development Fund, a special | ||||||
4 | fund in the State Treasury, is hereby created. The Department | ||||||
5 | of Natural Resources shall pay into the Fund all fees and fines | ||||||
6 | collected from timber buyers and landowners and operators | ||||||
7 | pursuant to the " Timber Buyers Licensing Act " , and the " Forest | ||||||
8 | Products Transportation Act " , all gifts, contributions, | ||||||
9 | bequests, grants, donations, transfers, appropriations and all | ||||||
10 | other revenues and receipts resulting from forestry programs, | ||||||
11 | forest product sales, and operations of facilities not | ||||||
12 | otherwise directed by State law and shall, except for the | ||||||
13 | additional moneys deposited under Section 805-550 of the | ||||||
14 | Department of Natural Resources (Conservation) Law of the | ||||||
15 | Civil Administrative Code of Illinois, pay such moneys | ||||||
16 | appropriated from the Fund to timber growers for | ||||||
17 | implementation of acceptable forest management practices as | ||||||
18 | provided in Section 5 of this Act. Moneys may be appropriated | ||||||
19 | from the Fund for the expenses of the Illinois Forestry | ||||||
20 | Development Council. Ordinary operating expenses of the Forest | ||||||
21 | Resources Division of the Department, for the administration | ||||||
22 | and implementation of this Act, the development and | ||||||
23 | implementation of a wood industry marketing, development and | ||||||
24 | promotions program and other programs beneficial to advancing | ||||||
25 | forests and forestry in this State, as deemed appropriate by |
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