Illinois Administrative Code › Title 17 - CONSERVATION › Part 1535 - TIMBER BUYER LICENSING AND HARVEST FEES › Section 1535.1 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Timber Buyers Licensing Act [225 ILCS
				735].
"Agent"
means any person acting on behalf of a timber
				buyer, employed by a timber buyer, or under an agreement, whether oral or
				written, with a timber buyer who buys timber, attempts to buy timber, procures
				contracts for the purchase or cutting of timber, or attempts to procure
				contracts for the purchase of cutting of timber.
[225 ILCS
				735/2 ]
"Department" means the Illinois Department of Natural
				Resources.
"Fair market value" means the price that property would sell
				for on the open market. It is the price that would be agreed on between a
				willing buyer and a willing seller, with neither being required to act, and
				both having reasonable knowledge of the relevant facts.
"Good standing"
means any person who is
				not:
currently serving a sentence of probation, or
				conditional discharge, for a violation of this Act or administrative rules
				adopted under this Act;
owes any amount of money pursuant to a civil judgment
				regarding the sale, cutting, or transportation of timber;
owes the Department any required fee, payment, or money
				required under this Act; or
is currently serving a suspension or revocation of any
				privilege that is granted under this Act.
[225 ILCS
				735/2 ]
"Harvest fee" means:
an amount of money equal to 4% of the purchase price for timber
				between a timber buyer and a timber grower;
4% of the minimum fair market stumpage value, as determined by
				administrative rule, when the purchase price of timber between a timber buyer
				and a timber grower cannot otherwise be determined; or
4% of the minimum fair market stumpage value as determined by
				administrative rule utilized by a timber grower that was produced on land the
				timber grower owns or operates for sawing into lumber, for processing, or for
				resale and such timber or lumber is not the personal use of the timber
				grower.
"High value" means timber that is classified as sawtimber logs
				or veneer logs.
"Illinois Timber Prices Survey" means a survey published by the
				Illinois Department of Natural Resources that contains the lowest, highest and
				State average prices for stumpage and logs delivered to a mill.
"Liability insurance"
means no less than $500,000 in
				insurance covering a timber buyer's business and agents that shall insure
				against the liability of the insured for the death, injury, or disability of an
				employee or other person and insurance against the liability of the insured for
				damage to or destruction of another person's property.
[225 ILCS
				735/2 ]
"Low value" means timber which is not classified as sawtimber
				logs or veneer logs.
"Sawtimber logs" means trees of commercial species at least
				11.0 inches diameter breast height (dbh) containing at least a 8-foot sawlog or
				longer, up to a 6-inch top, that is free of major defects such as branches,
				forks, or diseased stem and can yield dimensional lumber.
"Stumpage value"
means the value of timber as it stands
				uncut in terms of an amount per unit of volume expressed as dollar value per
				board foot for that portion of a tree or timber deemed merchantable by Illinois
				forest products markets.
[740 ILCS
				185/1 ]
"Timber"
means trees, standing or felled, and parts
				thereof which can be used for sawing or processing into lumber for building or
				structural purposes or for the manufacture of any article. "Timber" does not
				include firewood, Christmas trees, fruit or ornamental trees, or wood products
				not used or to be used for building, structural, manufacturing, or processing
				purposes.
[225 ILCS 735/2 ]
"Timber buyer"
means any person licensed or unlicensed,
				who is engaged in the business of buying timber from the timber growers thereof
				for sawing into lumber, for processing or for resale, but does not include any
				person who occasionally purchases timber for sawing or processing for the
				person's his own use and not for resale.
[225 ILCS
				735/2 ]
"Timber grower"
means the owner, tenant, or operator of
				land in this State who has an interest in or is entitled to receive any part of
				the proceeds from the sale of timber grown in this State and includes persons
				exercising authority to sell timber.
[225 ILCS
				735/2 ]
"Utilized" means timber harvested on the land a timber grower
				owns or operates for sawing into lumber, for processing, or for resale.
"Veneer logs" means a roundwood product from which veneer is
				sliced or sawn and that meets industry standards of minimum diameter, typically
				between 12 and 30 inches diameter breast height (dbh), that is straight, free
				of bow and crook, with four clear faces with minimal defect from knots, seams,
				peck, gum, ring shake, insect damage, color and mineral that can yield sheets
				of peeled veneer wood.
"Yearly quarter" means and are as follows:
Quarter 1 - January 1 through March 31
Quarter 2 - April 1 through June 30
Quarter 3 - July 1 through September 30
Quarter 4 - October 1 through December 31