Sen. Laura M. Murphy

Filed: 3/3/2023

 

 


 

 


 
10300SB1560sam001LRB103 25313 SPS 58229 a

1
AMENDMENT TO SENATE BILL 1560

2    AMENDMENT NO. ______. Amend Senate Bill 1560 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Seizure and Forfeiture Reporting Act is
5amended by changing Section 5 as follows:
 
6    (5 ILCS 810/5)
7    Sec. 5. Applicability. This Act is applicable to property
8seized or forfeited under the following provisions of law:
9        (1) Section 3.23 of the Illinois Food, Drug and
10    Cosmetic Act;
11        (2) Section 44.1 of the Environmental Protection Act;
12        (3) Section 105-55 of the Herptiles-Herps Act;
13        (4) Section 1-215 of the Fish and Aquatic Life Code;
14        (5) Section 1.25 of the Wildlife Code;
15        (6) Section 17-10.6 of the Criminal Code of 2012
16    (financial institution fraud);

 

 

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1        (7) Section 28-5 of the Criminal Code of 2012
2    (gambling);
3        (8) Article 29B of the Criminal Code of 2012 (money
4    laundering);
5        (9) Article 33G of the Criminal Code of 2012 (Illinois
6    Street Gang and Racketeer Influenced And Corrupt
7    Organizations Law);
8        (10) Article 36 of the Criminal Code of 2012 (seizure
9    and forfeiture of vessels, vehicles, and aircraft);
10        (11) Section 47-15 of the Criminal Code of 2012
11    (dumping garbage upon real property);
12        (12) Article 124B of the Code of Criminal Procedure of
13    1963 (forfeiture);
14        (13) the Drug Asset Forfeiture Procedure Act;
15        (14) the Narcotics Profit Forfeiture Act;
16        (15) the Illinois Streetgang Terrorism Omnibus
17    Prevention Act; and
18        (16) the Illinois Securities Law of 1953; and .
19        (17) Section 16 of the Timber Buyers Licensing Act.
20(Source: P.A. 102-558, eff. 8-20-21.)
 
21    Section 10. The Timber Buyers Licensing Act is amended by
22changing Sections 2, 3, 4, 5, 7, 8, 9, 9a, 10, 11, 12, 13, 14,
23and 16 as follows:
 
24    (225 ILCS 735/2)  (from Ch. 111, par. 702)

 

 

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1    Sec. 2. Definitions. When used in this Act, unless the
2context otherwise requires, the term:
3    "Agent" means any person acting on behalf of a timber
4buyer, employed by a timber buyer, or under an agreement,
5whether oral or written, with a timber buyer who buys timber,
6attempts to buy timber, procures contracts for the purchase or
7cutting of timber, or attempts to procure contracts for the
8purchase or cutting of timber.
9    "Buying timber" means to buy, barter, cut on shares, or
10offer to buy, barter, cut on shares, or take possession of
11timber with the consent of the timber grower.
12    "Department" means the Department of Natural Resources.
13    "Director" means the Director of Natural Resources.
14    "Good standing" means any person who is not:
15        (1) currently serving a sentence of probation, or
16    conditional discharge, for a violation of this Act or
17    administrative rules adopted under this Act;
18        (2) owes any amount of money pursuant to a civil
19    judgment regarding the sale, cutting, or transportation of
20    timber;
21        (3) owes the Department any required fee, payment, or
22    money required under this Act; or
23        (4) is currently serving a suspension or revocation of
24    any privilege that is granted under this Act.
25    "Liability insurance" means not less than $500,000 in
26insurance covering a timber buyer's business and agents that

 

 

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1shall insure against the liability of the insured for the
2death, injury, or disability of an employee or other person
3and insurance against the liability of the insured for damage
4to or destruction of another person's property.
5    "Payment receipt" means copy or duplicate of an original
6receipt of payment for timber to a timber grower or duplicate
7of electronic or direct payment verification of funds received
8by timber grower.
9    "Person" means any person, partnership, firm, association,
10business trust, limited liability company, or corporation.
11    "Proof of ownership" means a printed document provided by
12the Department that serves as a written bill of lading.
13    "Resident" means a person who in good faith makes
14application for any license or permit and verifies by
15statement that the person has maintained the person's
16permanent abode or headquarters in this State for a period of
17at least 30 consecutive days immediately preceding the
18person's application and who does not maintain a permanent
19abode or headquarters or claim residency in another state for
20the purposes of obtaining any of the same or similar licenses
21or permits covered by this Act. A person's permanent abode or
22headquarters is the person's fixed and permanent dwelling
23place or main location where the person conducts business, as
24distinguished from a temporary or transient place of residence
25or location.
26    "Timber" means trees, standing or felled, and parts

 

 

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1thereof which can be used for sawing or processing into lumber
2for building or structural purposes or for the manufacture of
3any article. "Timber" does not include firewood, Christmas
4trees, fruit or ornamental trees, or wood products not used or
5to be used for building, structural, manufacturing, or
6processing purposes.
7    "Timber buyer" means any person licensed or unlicensed,
8who is engaged in the business of buying timber from the timber
9growers thereof for sawing into lumber, for processing or for
10resale, but does not include any person who occasionally
11purchases timber for sawing or processing for the person's his
12own use and not for resale.
13    "Buying timber" means to buy, barter, cut on shares, or
14offer to buy, barter, cut on shares, or take possession of
15timber, with or without the consent of the timber grower.
16    "Timber grower" means the owner, tenant, or operator of
17land in this State who has an interest in, or is entitled to
18receive any part of the proceeds from the sale of timber grown
19in this State and includes persons exercising authority to
20sell timber.
21    "Transporter" means any person acting on behalf of a
22timber buyer, employed by a timber buyer, or under an
23agreement, whether oral or written, with a timber buyer who
24takes or carries timber from one place to another by means of a
25motor vehicle.
26    "Department" means the Department of Natural Resources.

 

 

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1    "Director" means the Director of Natural Resources.
2    "Employee" means any person in service or under contract
3for hire, expressed or implied, oral or written, who is
4engaged in any phase of the enterprise or business at any time
5during the license year.
6(Source: P.A. 89-445, eff. 2-7-96.)
 
7    (225 ILCS 735/3)  (from Ch. 111, par. 703)
8    Sec. 3. License required. Every person before engaging in
9the business of a timber buyer shall obtain a license for such
10purpose from the Department. Application for such license
11shall be filed with the Department and shall set forth the name
12of the applicant, its principal officers if the applicant is a
13corporation or the partners if the applicant is a partnership,
14the location of any principal office or place of business of
15the applicant, the counties in this State in which the
16applicant proposes to engage in the business of timber buyer,
17a list of all agents of the timber buyer, and such additional
18information as the Department by rule regulation may require.
19All timber buyers and their agents must be 18 years of age or
20older.
21    The application shall set forth the aggregate dollar
22amount paid to timber growers for timber purchased in this
23State during the applicant's last completed fiscal or calendar
24year. In the event the applicant has been engaged as a timber
25buyer for less than one year, his application shall set forth

 

 

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1the dollar amount paid to timber growers for the number of
2completed months during which the applicant has been so
3engaged. If the applicant has not been previously engaged in
4buying timber in this State, the application shall set forth
5the estimated aggregate dollar amount to be paid by the
6applicant to timber growers for timber to be purchased from
7them during the next succeeding 12 month period.
8(Source: P.A. 77-2796.)
 
9    (225 ILCS 735/4)  (from Ch. 111, par. 704)
10    Sec. 4. Liability insurance Bond. Every person licensed as
11a timber buyer shall file with the Department a certificate of
12liability insurance , on a form prescribed and furnished by the
13Department, a performance bond payable to the State of
14Illinois by and through the Department and conditioned on the
15faithful performance of and compliance with all requirements
16of the license and this Act. No such liability insurance
17policy shall be effective under this Section unless issued by
18an insurance company or surety company authorized to do
19business in this State. The bond shall be a surety bond signed
20by the person to be licensed as principal and by a good and
21sufficient corporate surety authorized to engage in the
22business of executing surety bonds within the State of
23Illinois as surety thereon. In lieu of a surety bond an
24applicant for a timber buyers license may, with the approval
25of the Department, deposit with the Department as security a

 

 

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1certificate of deposit or irrevocable letter of credit of any
2bank organized or transacting business in the United States in
3an amount equal to or greater than the amount of the required
4bond. Such deposits shall be made, held, and disposed of as
5provided in this Act and by the Department by rule. A bond or
6certificate of deposit shall be made payable upon demand to
7the Director, subject to the provisions of this Act, and any
8rules adopted under this Act, and shall be for the use and
9benefit of the people of the State of Illinois, for the use and
10benefit of any timber grower from whom the applicant purchased
11timber and who is not paid by the applicant or for the use and
12benefit of any timber grower whose timber has been cut by the
13applicant or licensee or his or her agents and who has not been
14paid therefor; and for the use and benefit of any person
15aggrieved by the actions of the timber buyer.
16    Except as otherwise provided, in this Section, such
17liability insurance bond shall be in the principal amount of
18not less than $500,000 $ 500 for an applicant who paid timber
19growers $5,000 or less for timber during the immediate
20preceding year, and an additional $100 for each additional
21$1,000 or fraction thereof paid to timber growers for timber
22purchased during the preceding year, but shall not be more
23than $10,000. In the case of an applicant not previously
24engaged in business as a timber buyer, the amount of such bond
25shall be based on the estimated dollar amount to be paid by
26such timber buyer to timber growers for timber purchased

 

 

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1during the next succeeding year, as set forth in the
2application; such bond shall, in no event, be in the principal
3amount of less than $500. In the case of a timber buyer whose
4bond has previously been forfeited in Illinois or in any other
5state, the Department shall double the applicable minimum bond
6amounts under this Section.
7    A liability insurance policy bond filed in accordance with
8this Act shall not be canceled cancelled or altered during the
9period for which the timber buyer remains licensed by the
10Department without written notification to the Department. At
11all times, a licensee must have a liability insurance policy
12that is in conformity with this Act while licensed by the
13Department except upon at least 60 days notice in writing to
14the Department; in the event that the applicant has deposited
15certificates of deposit in lieu of a corporate surety the
16Department may retain possession of such certificates of
17deposit for a period of 60 days following the expiration or
18revocation of his or her license.
19    At any such time as a licensee fails to have the necessary
20liability insurance, surety bonds, certificates of deposit, or
21irrevocable letters of credit on deposit with the Department
22as required herein, the Department may immediately, and
23without notice, suspend the privileges of such licensee. In
24the event of such suspension, the Department shall give
25immediate notice of the same to the licensee and shall further
26reinstate such license upon filing with the Department a

 

 

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1certificate of liability insurance that conforms to the
2requirements of this Act the posting of the required surety
3bond, certificates of deposit, or irrevocable letters of
4credit.
5    Bonds shall be in such form and contain such terms and
6conditions as may be approved from time to time by the
7Director, be conditioned to secure an honest cutting and
8accounting for timber purchased by the licensee, secure
9payment to the timber growers and to insure the timber growers
10against all fraudulent acts of the licensee in the purchase
11and cutting of the timber of this State.
12    In the event the timber buyer fails to pay when owing any
13amount due a timber grower for timber purchased, or fails to
14pay judicially determined damages for timber wrongfully cut by
15a timber buyer or his agent, whether such wrongful cutting has
16occurred on or adjacent to the land which was the subject of
17timber purchase from a timber grower, or commits any violation
18of this Act, then an action on the bond or deposit for
19forfeiture may be commenced. Such action is not exclusive and
20is in addition to any other judicial remedies available.
21    In the event that the timber grower or owner of timber cut
22considers himself or herself aggrieved by a timber buyer, he
23or she shall notify the Department in writing of such
24grievance and thereafter the Department shall within 10 days
25give written notice to the timber buyer of the alleged
26violation of this Act or of any violation or noncompliance

 

 

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1with the regulations hereunder of which the timber grower or
2owner of timber complains. The written notice to the timber
3buyer shall be from the Department by registered or certified
4mail to the licensee and his or her sureties stating in general
5terms the nature of the violation and that an action seeking
6forfeiture of the bond may be commenced at any time after the
710 days from the date of said notice if at the end of that
8period the violation still remains. In the event the
9Department shall fail to give notice to the timber buyer as
10provided herein, the timber grower or owner of timber cut may
11commence his or her own action for forfeiture of the
12licensee's bond.
13    The timber buyer, after receiving notice from the
14Department as provided herein, may within 10 days from the
15date of such notice, request in writing to appear and be heard
16regarding the alleged violation.
17    Upon such request from the timber buyer, the Department
18shall schedule a hearing, designating the time and place
19thereof. At such hearing the timber buyer may present for
20consideration of the Department any evidence, statements,
21documents or other information relevant to the alleged
22violation. The hearing shall be presided over by the Director
23or by any hearing officer he or she may designate. The hearing
24officer shall take evidence offered by the timber buyer or the
25Department and shall, if requested by the Department, submit
26his or her conclusions and findings which shall be advisory to

 

 

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1the Director. Any hearings provided for in this Section shall
2be commenced within 30 days from the request therefor.
3    Should the timber buyer fail to make timely request for a
4hearing after receipt of the notice from the Department as
5provided herein, or after a hearing is concluded, the
6Department may either withdraw the notice of violation or
7request the Attorney General to institute proceedings to have
8the bond of the timber buyer forfeited. The Attorney General,
9upon such request from the Department, shall institute
10proceedings to have the bond of the timber buyer forfeited for
11violation of any of the provisions of this Act or for
12noncompliance with any Department regulation.
13    In the event that the licensee's bond is forfeited, the
14proceeds thereof shall first be applied to any sums determined
15to be owed to the timber grower or owner of timber cut and then
16to the Department to defray expenses incurred by the
17Department in converting the security into money. Thereafter,
18the Department shall pay such excess to the timber buyer who
19furnished such security.
20    In the event the Department realizes less than the amount
21of liability from the security, after deducting expenses
22incurred by the Department in converting the security into
23money, it shall be grounds for the revocation of the timber
24buyer's license.
25(Source: P.A. 92-805, eff. 8-21-02.)
 

 

 

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1    (225 ILCS 735/5)  (from Ch. 111, par. 705)
2    Sec. 5. Prohibitions. It shall be unlawful and a violation
3of this Act:
4    (a) For any person timber buyer to knowingly: and
5willfully fail to pay, as agreed, for any timber purchased,
6        (1) cut, cause to be cut, take, or caused to be taken,
7    any timber without the consent of the timber grower; or
8        (2) enter into an agreement or contract with a timber
9    grower for the cutting of timber and:
10            (A) misrepresenting a material fact relating to
11        the terms of the contract or agreement, creating or
12        confirming another's impression which is false and the
13        buyer does not believe to be true, or promising
14        performance which the person buying the timber does
15        not intend to perform or knows will not be performed;
16        or
17            (B) using or employing any deception, false
18        pretense, or false promise in order to induce,
19        encourage, or solicit such person to enter into any
20        contract or agreement;
21    (b) For a timber buyer to conduct business under this Act
22without maintaining a liability insurance policy as required
23under this Act; For any timber buyer to knowingly and
24willfully cut or cause to be cut or appropriate any timber
25without the consent of the timber grower,
26    (c) For any person a timber buyer to knowingly willfully

 

 

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1make any false statement or knowingly provide false
2information in connection with the application, liability
3insurance certification, or other information or reports
4required to be provided to the Department pursuant to this Act
5or administrative rule; bond or other information required to
6be given to the Department or a timber grower,
7    (d) For any person to act or engage in the business of a
8timber buyer or act or engage in the business of timber buying
9as an agent of a timber buyer while not in good standing with
10the Department or, if required by this Act, while licensed by
11the Department; To fail to honestly account to the timber
12grower or the Department for timber purchased or cut if the
13buyer is under a duty to do so,
14    (e) (blank); For a timber buyer to commit any fraudulent
15act in connection with the purchase or cutting of timber,
16    (f) For a person timber buyer or land owner or operator to
17fail to file any the report or provide any documentation as or
18pay the fees required in Section 9a of this Act or
19administrative rule; , and
20    (g) For any person to resist or obstruct any officer,
21employee, or agent of the Department, or any member of a law
22enforcement agency in the discharge of the person's,
23employee's, agent's, or member's his duties under the
24provisions of this Act hereof.
25(Source: P.A. 86-208.)
 

 

 

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1    (225 ILCS 735/7)  (from Ch. 111, par. 707)
2    Sec. 7. License; issuance, validity, and renewal;
3certificate. All persons buying timber under this Act must
4possess a valid timber buyer's license. Licenses authorized
5under this Act shall be prepared by the Department and be in
6such form as prescribed by the Department. The information
7required on each license shall be completed thereon by the
8Department at the time of issuance, and each license shall be
9signed by the licensee. All such licenses shall be supplied by
10the Department, subject to such rules as the Department may
11prescribe. Any license that is not properly prepared,
12obtained, and signed as required by this Act shall be void. If
13the Department is satisfied that the applicant has fulfilled
14the requirements of this Act, the applicant and all listed
15agents in the application are in good standing, and if the
16liability insurance bond and sureties or bank certificate of
17deposit filed by the applicant is approved, the Department
18shall may issue a license to the applicant. The licenses
19issued shall be valid for a calendar year and may be renewed
20annually. A copy of the license certificate issued by the
21Department shall be posted in the principal office of the
22licensee in this State. A license from the Department shall
23include a list of all agents that are required to be reported
24to the Department in a timber buyer application for license. A
25timber buyer shall update the Department, in writing, within
2614 days, of a change in employment for any agent of the timber

 

 

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1buyer that is required to be disclosed to the Department. The
2Department shall then reissue a certificate of license with
3the updated list of agents as well as any new timber buyer
4identification cards. The timber buyer identification card
5issued by the Department shall be carried upon the person of
6the timber buyer and any agent of the timber buyer when
7conducting activities covered under this Act for immediate
8presentation for inspection to the officers and authorized
9employees of the Department, any sheriff, deputy sheriff, or
10any other peace officer making demand for it. No person
11charged with violating this Section, however, shall be
12convicted if the person he or she produces in court
13satisfactory evidence that a timber buyer identification card
14that was valid at the time of the offense had been issued to
15the timber buyer or agent. All timber buyer identification
16cards shall be issued by the Department. Any timber
17identification card that is issued to a timber buyer or timber
18buyer employee shall be returned to the Department or, if a
19digital license or digital identification card, shall be
20canceled by the Department within 5 days of the Department
21obtaining information of the termination of employment,
22suspension, or revocation of license, the agent or timber
23buyer is no longer in good standing, or expiration of a license
24if the license is not renewed.
25    Upon request for a license and payment of the fee, the
26Department shall issue to the licensee a certificate that a

 

 

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1license has been granted and a bond filed as required by this
2Act as well as timber buyer identification cards for all
3listed agents on the timber buyer application that are in good
4standing.
5(Source: P.A. 92-805, eff. 8-21-02.)
 
6    (225 ILCS 735/8)  (from Ch. 111, par. 708)
7    Sec. 8. Application fee. The application for a resident
8license to operate as a timber buyer, or a renewal thereof,
9shall be accompanied by a non-refundable filing fee of $125 $
1025. The application for a non-resident license to operate as a
11timber buyer, or a renewal thereof, shall be accompanied by a
12non-refundable filing fee of $300. The fee to be paid for a
13certificate that a license has been issued and security filed
14is $5.
15    The fees required by this Section shall be deposited in
16the Illinois Forestry Development Fund for the purposes of the
17"Illinois Forestry Development Act".
18(Source: P.A. 85-287.)
 
19    (225 ILCS 735/9)  (from Ch. 111, par. 709)
20    Sec. 9. Records and inspection. The Department or any law
21enforcement agency may inspect any the premises used by any
22timber buyer in the conduct of the buyer's his or her business
23during normal business hours, at any reasonable time and such
24inspection may include, but is not limited to, the inventory,

 

 

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1timber, the books, accounts, records, proof of ownership, and
2or other documentation required under this Act or
3administrative rule papers of every such timber buyer that
4operates or does business in the State shall at all times
5during business hours be subject to inspection by the
6Department. Any person licensed as a timber buyer as defined
7in this Act, or any person who has purchased, bartered, or
8attempted to purchase or barter timber, or any person having
9possession or who has had possession of timber as defined in
10this Act shall be prima facie evidence that the person is be
11considered a timber buyer, excluding transporters. A timber
12buyer shall retain the books, accounts, records, proof of
13ownership, or other documentation required under this Act or
14administrative rule and papers used in the conduct of the
15buyer's his or her business for a period of 3 years after any
16purchase, cutting, or transportation of timber made by the
17timber buyer or the buyer's employee. All timber buyers shall
18provide to a transporter and a transporter shall have
19immediately available proof of ownership, on forms provided by
20the Department, for all timber that is currently being
21transported by the transporter.
22(Source: P.A. 85-287.)
 
23    (225 ILCS 735/9a)  (from Ch. 111, par. 709a)
24    Sec. 9a. Reporting a harvest fee.
25    (a) When a timber buyer buys purchases timber in this

 

 

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1State, the timber buyer and timber grower shall determine the
2amount to be paid for such timber, or the value of items to be
3bartered for such timber, and the timber buyer shall deduct
4from the payment to the timber grower an amount which equals 4%
5of the purchase price or 4% of the minimum fair market value,
6as determined pursuant to administrative rule, when purchase
7price cannot otherwise be determined and shall forward such
8amount to the Department of Natural Resources, along with a
9report of the purchase on forms provided by the Department.
10    (b) When a timber buyer buys timber in this State, the
11timber buyer shall file a report to the Department on a report
12form provided by the Department. The information provided on
13the report form shall include the amount paid for the timber to
14each timber grower and the 4% that is due to the Department for
15each sale, and any other information that is required by the
16Department pursuant to administrative rule. A timber buyer
17shall provide the timber grower a written or electronic
18payment receipt for each transaction of timber bought from the
19timber grower and keep a duplicate or copy of the payment
20receipt in the timber buyer's records. All timber buyers shall
21provide a written receipt upon request of the Department.
22    (c) Every timber grower who utilizes timber produced on
23land the timber grower he owns or operates for sawing into
24lumber, for processing, or for resale, except a person who
25occasionally uses his own timber for sawing or processing for
26his own use and not for resale, shall report periodically, as

 

 

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1required by regulation of the Department, the quantity of
2timber produced and utilized by the owner or operator during
3the reporting period. Such timber grower shall pay to the
4Department, when the periodic report is submitted, an amount
5equal to 4% of the minimum fair market gross value of the
6timber utilized during the period. The value of such timber
7shall be determined pursuant to rule of the Department. Such
8rules shall include a voluntary arbitration program for use in
9situations in which a dispute arises as to the gross value of
10the timber.
11    (d) Every timber grower who utilizes timber produced on
12land the timber grower owns or operates for sawing into lumber
13for processing or for resale, shall report periodically, as
14required by this Act or administrative rule of the Department,
15the quantity, value, and species of timber produced and
16utilized by the owner or operator during the reporting period.
17    (e) Subsections (c) and (d) shall not apply to a person who
18uses the person's own timber for sawing or processing for
19personal use and not for resale.
20    (f) The fees required by this Section shall be deposited
21in the Illinois Forestry Development Fund, a special fund in
22the State treasury Treasury, for the purposes of the "Illinois
23Forestry Development Act".
24(Source: P.A. 89-445, eff. 2-7-96.)
 
25    (225 ILCS 735/10)  (from Ch. 111, par. 710)

 

 

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1    Sec. 10. Rulemaking. The Department may make such
2administrative rules and regulations as may be necessary to
3carry out the provisions of this Act in accordance with the
4Illinois Administrative Procedure Act.
5(Source: P.A. 76-1307.)
 
6    (225 ILCS 735/11)  (from Ch. 111, par. 711)
7    Sec. 11. Penalties and fines. All fines and penalties
8associated with violations of this Act or administrative rules
9thereunder, except as otherwise provided in this Act, are
10payable 50% to the Department's Conservation Police Operations
11Assistance Fund and 50% to the Department's Illinois Forestry
12Development Fund.
13    (a) Except as otherwise provided in this Act Section any
14person in violation of any of the provisions of this Act, or
15administrative rules thereunder, shall be guilty of a Class A
16misdemeanor.
17    (a-5) Any person convicted of violating Section 3 of this
18Act shall be guilty of a Class A misdemeanor and fined at least
19$500 for a first offense and guilty of a Class 4 felony and
20fined at least $1,000 for a second or subsequent offense.
21    (a-10) Any person convicted of violating subsection (a) of
22Section 5 is guilty of a Class A misdemeanor if the aggregate
23value of the timber cut, caused to be cut, or appropriated is
24equal to or less than $500.
25    (a-15) Any person convicted of violating subsection (a) or

 

 

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1(c) of Section 9a is guilty of a Class A misdemeanor if the
2aggregate value of the amount due to the Department is equal to
3or less than $500.
4    (b) Any person convicted of violating subsection
5subsections (a) or (b) of Section 5 of this Act is guilty of a
6Class 4 felony if the aggregate value of the timber purchased,
7cut, caused to be cut or appropriated is over $500 $300 but not
8more than $2,500.
9    (b-2) Any person convicted of violating subsection (a) or
10(c) of Section 9a is guilty of a Class 4 felony if the
11aggregate value of the amount due to the Department is over
12$500 but not more than $2,500.
13    (b-5) Any person convicted of violating subsection (a) or
14(b) of Section 5 of this Act is guilty of a Class 3 felony if
15the aggregate value of the timber purchased, cut, caused to be
16cut, or appropriated is over $2,500 but not more than $10,000.
17    (b-7) Any person convicted of violating subsection (a) or
18(c) of Section 9a is guilty of a Class 3 felony if the
19aggregate value of the amount due to the Department is over
20$2,500 but not more than $10,000.
21    (b-10) Any person convicted of violating subsection (a) or
22(b) of Section 5 of this Act is guilty of a Class 2 felony if
23the aggregate value of the timber purchased, cut, caused to be
24cut, or appropriated is over $10,000.
25    (b-12) Any person convicted of violating subsection (a) or
26(c) of Section 9a is guilty of a Class 2 felony if the

 

 

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1aggregate value of the amount due to the Department is over
2$10,000.
3    (b-15) The aggregate value of the timber purchased, cut,
4caused to be cut, or appropriated shall be determined as
5provided by administrative rule.
6    (c) A person convicted of violating subsection (b) (f) of
7Section 5 of this Act is guilty of a Class A misdemeanor. A
8person convicted of a second or subsequent violation is guilty
9of a Class 4 felony.
10    (c-5) A person convicted of violating subsection (c) of
11Section 5 is guilty of a Class A misdemeanor.
12    (c-10) A person convicted of violating subsection (d) of
13Section 5 is guilty of a Class A misdemeanor and shall be
14assessed a fine of not less than $1,000. A person convicted of
15a second or subsequent violation is guilty of a Class 4 felony
16and shall be assessed a fine of not less than $2,000.
17    (c-15) A person convicted of violating subsection (f) of
18Section 5 is guilty of a Class B misdemeanor.
19    (c-20) A person convicted of violating subsection (g) of
20Section 5 is guilty of a Class C misdemeanor.
21    (d) All penalties issued pursuant to subsections (e) and
22(f) amounts collected as fines imposed as penalties for
23violation of this Act shall be deposited in the Illinois
24Forestry Development Fund for the purposes of the "Illinois
25Forestry Development Act".
26    (e) Failure In case of a failure to pay any purchase

 

 

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1harvest fee required under Section 9a of this Act on the date
2as required by regulation of the Department, there shall be
3added as a penalty an amount equal to 7.5% of the harvest fee
4due the Department for each month or fraction thereof during
5which such failure continues, not to exceed 37.5% in the
6aggregate. This penalty shall be in addition to any other
7penalty determined 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 In case of failure to file the appropriate
11report of the purchase harvest fee form stipulated under
12Section 9a of this Act on the date prescribed therefore, a
13penalty in the amount of $25, which shall be added to the
14amount due the Department for each individual report shall be
15added to the amount due the Department. A second or subsequent
16offense within a 3-year period after the date of the first
17offense is a Class A misdemeanor.
18    (g) All fines required in this Section This penalty shall
19be in addition to any other penalty authorized determined
20under this Act, the Unified Code of Corrections, or imposed by
21the circuit court.
22    (h) Any person who knowingly or intentionally violates any
23of the provisions of this Act, or administrative rules
24thereunder, when the person's license has been revoked or
25denied or the person's ability to engage in the activity
26requiring the license has been suspended under Section 13 is

 

 

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1guilty of:
2        (1) a Class 4 felony if the underlying offense that
3    was committed during a period of revocation or suspension
4    is a misdemeanor; or
5        (2) one classification higher if the underlying
6    offense that was committed during a period of revocation
7    or suspension is a felony.
8(Source: P.A. 92-805, eff. 8-21-02.)
 
9    (225 ILCS 735/12)  (from Ch. 111, par. 712)
10    Sec. 12. Default. No certificate of license or timber
11buyer identification card shall be issued to any person who is
12in default to the people of the State of Illinois for moneys
13due under this Act.
14(Source: P.A. 76-1307.)
 
15    (225 ILCS 735/13)  (from Ch. 111, par. 713)
16    Sec. 13. License revocation.
17    (a) The Department may revoke the license of any person
18who violates the provisions of this Act, and may refuse to
19issue any permit or license to any such person who is in
20violation of this Act for a period of time as established by
21administrative rule not to exceed 5 years following such
22revocation.
23    (a-5) License revocation, suspension, or refusal by the
24Department to issue or reissue any permit or license, and the

 

 

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1procedures for such action by the Department or appeals to
2such action that was taken by the Department shall be
3established by administrative rule and in accordance with the
4Illinois Administrative Procedure Act.
5    (b) (Blank). Whenever the holder of a license issued under
6this Act is found guilty of any misrepresentation in obtaining
7his or her license or of a violation of any of the provisions
8of this Act or rules adopted pursuant to this Act, the
9Department may:
10        (1) revoke his or her license;
11        (2) refuse to issue a license to that person; and
12        (3) suspend the person from engaging in the activity
13    requiring the license for up to 5 years following the
14    revocation.
15    (c) (Blank). Whenever the holder of a license issued under
16this Act is found guilty of any misrepresentation in obtaining
17his or her license or of a violation of any of the provisions
18of this Act or rules adopted pursuant to this Act, and his or
19her license has been previously revoked or his or her ability
20to engage in the activity requiring the license has been
21previously suspended, the Department may:
22        (1) revoke his or her license;
23        (2) refuse to issue any license to that person; and
24        (3) suspend the person from engaging in the activity
25    requiring the license for at least 5 years but not more
26    than 10 years following the revocation or suspension.

 

 

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1    (d) (Blank). Whenever the holder of a license issued under
2this Act is found guilty of any misrepresentation in obtaining
3that license or of a violation of any of the provisions of this
4Act or rules adopted under this Act, and his or her license has
5been previously revoked or his or her ability to engage in the
6activity requiring the license has been suspended on 2 or more
7occasions, the Department may:
8        (1) revoke his or her license;
9        (2) refuse to issue any license to that person; and
10        (3) suspend the person from engaging in the activity
11    requiring the license for at least 10 years but not more
12    than 75 years following the revocation or suspension.
13    Department revocation procedures shall be established by
14    administrative rule.
15    If the holder of a license is found negligent with respect
16to any duty required under this Act, the Department may
17suspend or revoke his or her privilege to engage in the
18activity for which the license is required, his or her
19license, or both.
20    (e) (Blank). Whenever a person who has not been issued a
21license under this Act is found guilty of a violation of the
22provisions of this Act or rules adopted under this Act, the
23Department may:
24        (1) refuse to issue any license to that person; and
25        (2) suspend that person from engaging in the activity
26    requiring the license for up to 5 years following the

 

 

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1    revocation.
2    (f) (Blank). Whenever a person who has not been issued a
3license under this Act is found guilty of a violation of this
4Act or rules adopted under this Act and his or her license has
5been previously revoked or his or her ability to engage in the
6activity requiring the license has been previously suspended,
7the Department may:
8        (1) refuse to issue any license to that person; and
9        (2) suspend that person from engaging in the activity
10    requiring the license for at least 5 years but not more
11    than 10 years following the revocation or suspension.
12    (g) (Blank). Whenever a person who has not been issued a
13license under this Act is found guilty of a violation of this
14Act or rules adopted under this Act and his or her license has
15been previously revoked or his or her ability to engage in the
16activity requiring the license has been suspended on 2 or more
17occasions, the Department may:
18        (1) refuse to issue any license to that person; and
19        (2) suspend that person from engaging in the activity
20    requiring the license for at least 10 years but not more
21    than 75 years following the revocation or suspension.
22    (h) (Blank). Licenses authorized under this Act shall be
23prepared by the Department and be in such form as prescribed by
24the Department. The information required on each license shall
25be completed thereon by the issuing agent at the time of
26issuance and each license shall be signed by the licensee. All

 

 

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1such licenses shall be supplied by the Department, subject to
2such rules as the Department may prescribe. Any license that
3is not properly prepared, obtained, and signed as required by
4this Act shall be void.
5    (i) Any person whose license to engage in an activity
6regulated by this Act has been revoked or whose ability to
7engage in the activity requiring the license has been
8suspended may not, during the period of suspension or
9revocation:
10        (1) hold any license authorized by this Act;
11        (2) perform directly or indirectly any privileges
12    authorized by any license issued in accordance with this
13    Act; or
14        (3) buy, sell, barter, trade, or take possession of
15    any timber as defined in this Act, regardless of any
16    contractual agreements entered into prior to the
17    revocation or suspension.
18    (j) No person may be issued a license or engage in any
19activity regulated by this Act for which a license is required
20during the time that the person's privilege to engage in the
21same or similar activities is suspended or revoked by another
22state, by a federal agency, or by a province of Canada.
23    Any person who knowingly or intentionally violates any of
24the provisions of this Act, or administrative rules
25thereunder, when his or her license has been revoked or denied
26or his or her ability to engage in the activity requiring the

 

 

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1license has been suspended under this Section, is guilty of a
2Class 4 felony.
3(Source: P.A. 92-805, eff. 8-21-02.)
 
4    (225 ILCS 735/16)  (from Ch. 111, par. 716)
5    Sec. 16. Forfeiture and seizure. Any timber, forestry, or
6wood cutting device or equipment, including vehicles and
7conveyances used or operated in violation of this Act,
8including administrative rules, or attempted to be used in
9violation of this Act or administrative rules shall be deemed
10a public nuisance and subject to the seizure and confiscation
11by any authorized employee of the Department; upon the seizure
12of such item the Department shall take and hold the same until
13disposed of as hereinafter provided.
14    Upon the seizure of any property as herein provided, the
15authorized employee of the Department making such seizure
16shall forthwith cause a complaint to be filed before the
17Circuit Court and a summons to be issued requiring the person
18who illegally used or operated or attempted to use or operate
19such property and the owner and person in possession of such
20property to appear in court and show cause why the property
21seized should not be forfeited to the State. Upon the return of
22the summons duly served or other notice as herein provided,
23the court shall proceed to determine the question of the
24illegality of the use of the seized property and upon judgment
25being entered to the effect that such property was illegally

 

 

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1used, an order may be entered providing for the forfeiture of
2such seized property to the Department and shall thereupon
3become the property of the Department; but the owner of such
4property may have a jury determine the illegality of its use,
5and shall have the right of an appeal, as in other cases. Such
6confiscation or forfeiture shall not preclude or mitigate
7against prosecution and assessment of penalties otherwise
8provided in this Act.
9    Upon seizure of any property under circumstances
10supporting a reasonable belief that such property was
11abandoned, lost, or stolen or otherwise illegally possessed or
12used contrary to the provisions of this Act, except property
13seized during a search or arrest, and ultimately returned,
14destroyed, or otherwise disposed of pursuant to order of a
15court in accordance with this Act, the authorized employee of
16the Department shall make reasonable inquiry and efforts to
17identify and notify the owner or other person entitled to
18possession thereof, and shall return the property after such
19person provides reasonable and satisfactory proof of his
20ownership or right to possession and reimburses the Department
21for all reasonable expenses of such custody. If the identity
22or location of the owner or other person entitled to
23possession of the property has not been ascertained within 6
24months after the Department obtains such possession, the
25Department shall effectuate the sale of the property for cash
26to the highest bidder at a public auction. The owner or other

 

 

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1person entitled to possession of such property may claim and
2recover possession of the property at any time before its sale
3at public auction, upon providing reasonable and satisfactory
4proof of ownership or right of possession and reimbursing the
5Department for all reasonable expenses of custody thereof.
6    Any property forfeited to the State by court order
7pursuant to this Section may be disposed of by public auction,
8except that any property which is the subject of such a court
9order shall not be disposed of pending appeal of the order. The
10proceeds of the sales at auction shall be deposited in the
11Illinois Forestry Development Fund.
12    The Department shall pay all costs of notices required by
13this Section. Property seized or forfeited under this Section
14is subject to reporting under Section 5 of the Seizure and
15Forfeiture Reporting Act.
16(Source: P.A. 86-208.)".