(225 ILCS 735/5) (from Ch. 111, par. 705)

(Text of Section before amendment by P.A. 103-218)

Sec. 5. It shall be unlawful and a violation of this Act:

(a) For any timber buyer to knowingly and willfully fail to pay, as agreed, for any timber purchased,

(b) For any timber buyer to knowingly and willfully cut or cause to be cut or appropriate any timber without the consent of the timber grower,

(c) For a timber buyer to willfully make any false statement in connection with the application, bond or other information required to be given to the Department or a timber grower,

(d) To fail to honestly account to the timber grower or the Department for timber purchased or cut if the buyer is under a duty to do so,

(e) For a timber buyer to commit any fraudulent act in connection with the purchase or cutting of timber,

(f) For a timber buyer or land owner or operator to fail to file the report or pay the fees required in Section 9a of this Act, and

(g) For any person to resist or obstruct any officer, employee or agent of the Department in the discharge of his duties under the provisions hereof.

(Source: P.A. 86-208.)

(Text of Section after amendment by P.A. 103-218)

Sec. 5. Prohibitions. It shall be unlawful and a violation of this Act:

(a) For any person to knowingly:

(1) cut, cause to be cut, take, or caused to be taken, any timber without the consent of the timber grower; or

(2) enter into an agreement or contract with a timber grower for the cutting of timber and:

(A) misrepresenting a material fact relating to the terms of the contract or agreement, creating or confirming another's impression which is false and the buyer does not believe to be true, or promising performance which the person buying the timber does not intend to perform or knows will not be performed; or

(B) using or employing any deception, false pretense, or false promise in order to induce, encourage, or solicit such person to enter into any contract or agreement;

(b) For a timber buyer to conduct business under this Act without maintaining a liability insurance policy as required under this Act;

(c) For any person to knowingly make any false statement or knowingly provide false information in connection with the application, liability insurance certification, or other information or reports required to be provided to the Department pursuant to this Act or administrative rule;

(d) For any person to act or engage in the business of a timber buyer or act or engage in the business of timber buying as an agent of a timber buyer while not in good standing with the Department or, if required by this Act, while licensed by the Department;

(e) (blank);

(f) For a person to fail to file any report or provide any documentation as required in this Act or administrative rule; and

(g) For any person to resist or obstruct any officer, employee, agent of the Department, or any member of a law enforcement agency in the discharge of the person's, employee's, agent's, or member's duties under the provisions of this Act.

(Source: P.A. 103-218, eff. 1-1-24.)