SB1560 103RD GENERAL ASSEMBLY

LRB103 25313 AMQ 51658 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1560

Introduced 2/8/2023, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:

5 ILCS 810/5
225 ILCS 735/2	from Ch. 111, par. 702
225 ILCS 735/3	from Ch. 111, par. 703
225 ILCS 735/4	from Ch. 111, par. 704
225 ILCS 735/5	from Ch. 111, par. 705
225 ILCS 735/7	from Ch. 111, par. 707
225 ILCS 735/8	from Ch. 111, par. 708
225 ILCS 735/9	from Ch. 111, par. 709
225 ILCS 735/9a	from Ch. 111, par. 709a
225 ILCS 735/10	from Ch. 111, par. 710
225 ILCS 735/11	from Ch. 111, par. 711
225 ILCS 735/12	from Ch. 111, par. 712
225 ILCS 735/13	from Ch. 111, par. 713
225 ILCS 735/16	from Ch. 111, par. 716

Amends the Timber Buyers Licensing Act. Provides that every application for licensure under the Act shall include a list of all employees of the timber buyer that are or will be engaged by the timber buyer as an agent, cutter, or transporter. Provides that all timber buyers and employees must be 18 years of age or older. Provides that every person licensed as a timber buyer shall file with the Department of Natural Resources a certificate of liability insurance (rather than a performance bond). Provides that the liability insurance shall be in the principal amount of $1,000,000. Provides that an application for a resident license to operate as a timber buyer, or a renewal thereof, shall be accompanied by a non-refundable filing fee of $125 (rather than $25). Provides the application for a non-resident license to operate as a timber buyer, or renewal thereof, shall be accompanied by a non-refundable filing fee of $300. Provides that property seized or forfeited is subject to reporting under the Seizure and Forfeiture Reporting Act. Makes changes to provisions concerning: what is unlawful and a violation of the Act; license, issuance, validity, and renewal; records and inspection; reporting a harvest fee; administrative rule; penalties and fines; and license revocation. Makes changes to the definitions. Makes other and corresponding changes in the Act and in the Seizure and Forfeiture Reporting Act.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Seizure and Forfeiture Reporting Act is amended by changing Section 5 as follows:

(5 ILCS 810/5)

Sec. 5. Applicability. This Act is applicable to property seized or forfeited under the following provisions of law:

(1) Section 3.23 of the Illinois Food, Drug and Cosmetic Act;

(2) Section 44.1 of the Environmental Protection Act;

(3) Section 105-55 of the Herptiles-Herps Act;

(4) Section 1-215 of the Fish and Aquatic Life Code;

(5) Section 1.25 of the Wildlife Code;

(6) Section 17-10.6 of the Criminal Code of 2012 (financial institution fraud);

(7) Section 28-5 of the Criminal Code of 2012 (gambling);

(8) Article 29B of the Criminal Code of 2012 (money laundering);

(9) Article 33G of the Criminal Code of 2012 (Illinois Street Gang and Racketeer Influenced And Corrupt Organizations Law);

(10) Article 36 of the Criminal Code of 2012 (seizure and forfeiture of vessels, vehicles, and aircraft);

(11) Section 47-15 of the Criminal Code of 2012 (dumping garbage upon real property);

(12) Article 124B of the Code of Criminal Procedure of 1963 (forfeiture);

(13) the Drug Asset Forfeiture Procedure Act;

(14) the Narcotics Profit Forfeiture Act;

(15) the Illinois Streetgang Terrorism Omnibus Prevention Act; and

(16) the Illinois Securities Law of 1953; and .

(17) Section 16 of the Timber Buyers Licensing Act.

(Source: P.A. 102-558, eff. 8-20-21.)

Section 10. The Timber Buyers Licensing Act is amended by changing Sections 2, 3, 4, 5, 7, 8, 9, 9a, 10, 11, 12, 13, 14, and 16 as follows:

(225 ILCS 735/2) (from Ch. 111, par. 702)

Sec. 2. When used in this Act, unless the context otherwise requires, the term:

"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, with or without the consent of the timber grower, buys timber, attempts to buy timber, procures contracts for the purchase or cutting of timber, or attempts to procure contracts for the purchase or cutting of timber.

"Buying timber" means to buy, barter, cut on shares, or offer to buy, barter, cut on shares, or take possession of timber with or without the consent of the timber grower.

"Cutter" 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 cuts timber or attempts to cut timber with or without the consent of the timber grower.

"Department" means the Department of Natural Resources.

"Director" means the Director of Natural Resources.

"Employee" means any person in service or under contract for hire, expressed or implied, oral or written, who is engaged as an agent, cutter, or transporter while working for or under the direction of a timber buyer at any time during the license year. "Employee" does not include a transporter that is operating a transporting business under contract to the timber buyer and said transportation business is not wholly or partially owned, managed, or operated by the timber grower or any other employee or family member of the timber grower.

"Good standing" means any person who is not:

(1) currently serving a sentence of probation, or conditional discharge, for a violation of this Act or administrative rules adopted under this Act;

(2) owes any amount of money pursuant to a civil judgment regarding the sale, cutting, or transportation of timber;

(3) owes the Department any required fee, payment, or money required under this Act; or

(4) is currently serving a suspension or revocation of any privilege that is granted under this Act.

"Liability insurance" means $1,000,000 in insurance covering a timber buyer's business and employees 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.

"Payment receipt" means copy or duplicate of an original receipt of payment for timber to a timber grower or duplicate of electronic or direct payment verification of funds received by timber grower.

"Person" means any person, partnership, firm, association, business trust, or corporation.

"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.

"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.

"Buying timber" means to buy, barter, cut on shares, or offer to buy, barter, cut on shares, or take possession of timber, with or without the consent of the timber grower.

"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.

"Transporter" 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 takes or carries timber form one place to another by means of a motor vehicle.

"Department" means the Department of Natural Resources.

"Director" means the Director of Natural Resources.

"Employee" means any person in service or under contract for hire, expressed or implied, oral or written, who is engaged in any phase of the enterprise or business at any time during the license year.

(Source: P.A. 89-445, eff. 2-7-96.)

(225 ILCS 735/3) (from Ch. 111, par. 703)

Sec. 3. Every person before engaging in the business of a timber buyer shall obtain a license for such purpose from the Department. Application for such license shall be filed with the Department and shall set forth the name of the applicant, its principal officers if the applicant is a corporation or the partners if the applicant is a partnership, the location of any principal office or place of business of the applicant, the counties in this State in which the applicant proposes to engage in the business of timber buyer, a list of all employees of the timber buyer that are or will be engaged by the timber buyer as an agent, cutter, or transporter, and such additional information as the Department by rule regulation may require. All timber buyers and employees must be 18 years of age or older.

The application shall set forth the aggregate dollar amount paid to timber growers for timber purchased in this State during the applicant's last completed fiscal or calendar year. In the event the applicant has been engaged as a timber buyer for less than one year, the his application shall set forth the dollar amount paid to timber growers for the number of completed months during which the applicant has been so engaged. If the applicant has not been previously engaged in buying timber in this State, the application shall set forth the estimated aggregate dollar amount to be paid by the applicant to timber growers for timber to be purchased from them during the next succeeding 12 month period.

(Source: P.A. 77-2796.)

(225 ILCS 735/4) (from Ch. 111, par. 704)

Sec. 4. Liability insurance Bond. Every person licensed as a timber buyer shall file with the Department a certificate of liability insurance , on a form prescribed and furnished by the Department, a performance bond payable to the State of Illinois by and through the Department and conditioned on the faithful performance of and compliance with all requirements of the license and this Act. No such liability insurance policy shall be effective under this Section unless issued by an insurance company or surety company authorized to do business in this State. The bond shall be a surety bond signed by the person to be licensed as principal and by a good and sufficient corporate surety authorized to engage in the business of executing surety bonds within the State of Illinois as surety thereon. In lieu of a surety bond an applicant for a timber buyers license may, with the approval of the Department, deposit with the Department as security a certificate of deposit or irrevocable letter of credit of any bank organized or transacting business in the United States in an amount equal to or greater than the amount of the required bond. Such deposits shall be made, held, and disposed of as provided in this Act and by the Department by rule. A bond or certificate of deposit shall be made payable upon demand to the Director, subject to the provisions of this Act, and any rules adopted under this Act, and shall be for the use and benefit of the people of the State of Illinois, for the use and benefit of any timber grower from whom the applicant purchased timber and who is not paid by the applicant or for the use and benefit of any timber grower whose timber has been cut by the applicant or licensee or his or her agents and who has not been paid therefor; and for the use and benefit of any person aggrieved by the actions of the timber buyer.

Except as otherwise provided, in this Section, such liability insurance bond shall be in the principal amount of $1,000,000 $ 500 for an applicant who paid timber growers $5,000 or less for timber during the immediate preceding year, and an additional $100 for each additional $1,000 or fraction thereof paid to timber growers for timber purchased during the preceding year, but shall not be more than $10,000. In the case of an applicant not previously engaged in business as a timber buyer, the amount of such bond shall be based on the estimated dollar amount to be paid by such timber buyer to timber growers for timber purchased during the next succeeding year, as set forth in the application; such bond shall, in no event, be in the principal amount of less than $500. In the case of a timber buyer whose bond has previously been forfeited in Illinois or in any other state, the Department shall double the applicable minimum bond amounts under this Section.

A liability insurance policy bond filed in accordance with this Act shall not be cancelled or altered during the period for which the timber buyer remains licensed by the Department without written notification to the Department. At all times, a licensee must have a liability insurance policy that is in conformity with this Act while licensed by the Department except upon at least 60 days notice in writing to the Department; in the event that the applicant has deposited certificates of deposit in lieu of a corporate surety the Department may retain possession of such certificates of deposit for a period of 60 days following the expiration or revocation of his or her license.

At any such time as a licensee fails to have the necessary liability insurance, surety bonds, certificates of deposit, or irrevocable letters of credit on deposit with the Department as required herein, the Department may immediately, and without notice, suspend the privileges of such licensee. In the event of such suspension, the Department shall give immediate notice of the same to the licensee and shall further reinstate such license upon filing with the Department a certificate of liability insurance that conforms to the requirements of this Act the posting of the required surety bond, certificates of deposit, or irrevocable letters of credit.

Bonds shall be in such form and contain such terms and conditions as may be approved from time to time by the Director, be conditioned to secure an honest cutting and accounting for timber purchased by the licensee, secure payment to the timber growers and to insure the timber growers against all fraudulent acts of the licensee in the purchase and cutting of the timber of this State.

In the event the timber buyer fails to pay when owing any amount due a timber grower for timber purchased, or fails to pay judicially determined damages for timber wrongfully cut by a timber buyer or his agent, whether such wrongful cutting has occurred on or adjacent to the land which was the subject of timber purchase from a timber grower, or commits any violation of this Act, then an action on the bond or deposit for forfeiture may be commenced. Such action is not exclusive and is in addition to any other judicial remedies available.

In the event that the timber grower or owner of timber cut considers himself or herself aggrieved by a timber buyer, he or she shall notify the Department in writing of such grievance and thereafter the Department shall within 10 days give written notice to the timber buyer of the alleged violation of this Act or of any violation or noncompliance with the regulations hereunder of which the timber grower or owner of timber complains. The written notice to the timber buyer shall be from the Department by registered or certified mail to the licensee and his or her sureties stating in general terms the nature of the violation and that an action seeking forfeiture of the bond may be commenced at any time after the 10 days from the date of said notice if at the end of that period the violation still remains. In the event the Department shall fail to give notice to the timber buyer as provided herein, the timber grower or owner of timber cut may commence his or her own action for forfeiture of the licensee's bond.

The timber buyer, after receiving notice from the Department as provided herein, may within 10 days from the date of such notice, request in writing to appear and be heard regarding the alleged violation.

Upon such request from the timber buyer, the Department shall schedule a hearing, designating the time and place thereof. At such hearing the timber buyer may present for consideration of the Department any evidence, statements, documents or other information relevant to the alleged violation. The hearing shall be presided over by the Director or by any hearing officer he or she may designate. The hearing officer shall take evidence offered by the timber buyer or the Department and shall, if requested by the Department, submit his or her conclusions and findings which shall be advisory to the Director. Any hearings provided for in this Section shall be commenced within 30 days from the request therefor.

Should the timber buyer fail to make timely request for a hearing after receipt of the notice from the Department as provided herein, or after a hearing is concluded, the Department may either withdraw the notice of violation or request the Attorney General to institute proceedings to have the bond of the timber buyer forfeited. The Attorney General, upon such request from the Department, shall institute proceedings to have the bond of the timber buyer forfeited for violation of any of the provisions of this Act or for noncompliance with any Department regulation.

In the event that the licensee's bond is forfeited, the proceeds thereof shall first be applied to any sums determined to be owed to the timber grower or owner of timber cut and then to the Department to defray expenses incurred by the Department in converting the security into money. Thereafter, the Department shall pay such excess to the timber buyer who furnished such security.

In the event the Department realizes less than the amount of liability from the security, after deducting expenses incurred by the Department in converting the security into money, it shall be grounds for the revocation of the timber buyer's license.

(Source: P.A. 92-805, eff. 8-21-02.)

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

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,

(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 buyer 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; 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 knowingly willfully 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; bond or other information required to be given to the Department or a timber grower,

(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 employee of a timber buyer while not in good standing with the Department or, if required by this Act, while licensed by the Department; 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) (blank); 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 any the report or provided any documentation as or pay the fees required in Section 9a of this Act or administrative rule; , and

(g) For any person to resist or obstruct any officer, employee, or 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 his duties under the provisions of this Act hereof.

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

(225 ILCS 735/7) (from Ch. 111, par. 707)

Sec. 7. License; issuance, validity, and renewal; certificate. All persons buying timber under this Act must possess a valid timber buyer's license. Licenses authorized under this Act shall be prepared by the Department and be in such form as prescribed by the Department. The information required on each license shall be completed thereon by the Department at the time of issuance, and each license shall be signed by the licensee. All such licenses shall be supplied by the Department, subject to such rules as the Department may prescribe. Any license that is not properly prepared, obtained, and signed as required by this Act shall be void. If the Department is satisfied that the applicant has fulfilled the requirements of this Act, the applicant and all listed employees in the application are in good standing, and if the liability insurance bond and sureties or bank certificate of deposit filed by the applicant is approved, the Department shall may issue a license to the applicant. The licenses issued shall be valid for a calendar year and may be renewed annually. A copy of the license certificate issued by the Department shall be posted in the principal office of the licensee in this State. A license from the Department shall include a list of all employees that are required to be reported to the Department in a timber buyer application for license. A timber buyer shall update the Department, in writing, within 14 days, of a change in employment for any employee of the timber buyer that is required to be disclosed to the Department. The Department shall then reissue a certificate of license with the updated list of employees as well as any new timber buyer identification cards. The timber buyer identification card issued by the Department shall be carried upon the person of the timber buyer and any employee of the timber buyer when conducting activities covered under this Act for immediate presentation for inspection to the officers and authorized employees of the Department, any sheriff, deputy sheriff, or any other peace officer making demand for it. No person charged with violating this Section, however, shall be convicted if the person he or she produces in court satisfactory evidence that a timber buyer identification card that was valid at the time of the offense had been issued to the timber buyer. All timber buyer identification cards shall be issued by the Department. Any timber identification card that is issued to a timber buyer or timber buyer employee shall be returned to the Department or, if a digital license or digital identification card, shall be canceled by the Department within 5 days of the Department obtaining information of the termination of employment, suspension, or revocation of license, the employee or timber buyer is no longer in good standing, or expiration of a license if the license is not renewed.

Upon request for a license and payment of the fee, the Department shall issue to the licensee a certificate that a license has been granted and a bond filed as required by this Act as well as timber buyer identification cards for all listed employees on the timber buyer application that are in good standing.

(Source: P.A. 92-805, eff. 8-21-02.)

(225 ILCS 735/8) (from Ch. 111, par. 708)

Sec. 8. The application for a resident license to operate as a timber buyer, or a renewal thereof, shall be accompanied by a non-refundable filing fee of $125 $ 25. The application for a non-resident license to operate as a timber buyer, or a renewal thereof, shall be accompanied by a non-refundable filing fee of $300. The fee to be paid for a certificate that a license has been issued and security filed is $5.

The fees required by this Section shall be deposited in the Illinois Forestry Development Fund for the purposes of the "Illinois Forestry Development Act".

(Source: P.A. 85-287.)

(225 ILCS 735/9) (from Ch. 111, par. 709)

Sec. 9. Records and inspection. The Department or any law enforcement agency may inspect any the premises used by any timber buyer in the conduct of the buyer's his or her business during normal business hours, at any reasonable time and such inspection may include, but is not limited to, the inventory, timber, the books, accounts, records, transport logs, and or other documentation required under this Act or administrative rule papers of every such timber buyer that operates or does business in the State shall at all times during business hours be subject to inspection by the Department. Any person licensed as a timber buyer as defined in this Act, or any person who has purchased, bartered, or attempted to purchase or barter timber, or any person having possession or who has had possession of timber as defined in this Act shall be prima facie evidence that the person is be considered a timber buyer, excluding transporters. A timber buyer shall retain the books, accounts, records, transport logs, or other documentation required under this Act or administrative rule and papers used in the conduct of the buyer's his or her business for a period of 3 years after any purchase, cutting, or transportation of timber made by the timber buyer or the buyer's employee. All timber buyers shall provide to a transporter and a transporter shall have immediately available transportation records, on forms provided by the Department, for all timber that is currently being transported by the transporter..

(Source: P.A. 85-287.)

(225 ILCS 735/9a) (from Ch. 111, par. 709a)

Sec. 9a. Reporting a harvest fee.

(a) When a timber buyer buys purchases timber in this State, the timber buyer and timber grower shall determine the amount to be paid for such timber, or the value of items to be bartered for such timber, and the timber buyer shall 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, as determined pursuant to administrative rule, when purchase price cannot otherwise be determined and shall forward such amount to the Department of Natural Resources, along with a report of the purchase on forms provided by the Department.

(b) When a timber buyer buys timber in this State, the buyer shall file a report to the Department on a report form provided by the Department. The information provided on the report form shall include the amount paid for the timber and the 4% that is due to the Department. The report shall also include copies of receipts for all timber that was listed on the report. A timber buyer shall provide the timber grower a written or electronic payment receipt for each transaction of timber bought from the timber grower and keep a duplicate or copy of the payment receipt in the timber buyer's records. All timber buyers shall provide a written receipt upon request of the Department.

(c) Every timber grower who utilizes timber produced on land the timber grower he owns or operates for sawing into lumber, for processing, or for resale, except a person who occasionally uses his own timber for sawing or processing for his own use and not for resale, shall report periodically, as required by regulation of the Department, the quantity of timber produced and utilized by the owner or operator during the reporting period. Such timber grower shall pay to the Department, when the periodic report is submitted, an amount equal to 4% of the minimum fair market gross value of the timber utilized during the period. The value of such timber shall be determined pursuant to rule of the Department. Such rules shall include a voluntary arbitration program for use in situations in which a dispute arises as to the gross value of the timber.

(d) Every timber grower who utilizes timber produced on land the timber grower owns or operates for sawing into lumber for processing or for resale, shall report periodically, as required by this Act or administrative rule of the Department, the quantity, value, and species of timber produced and utilized by the owner or operator during the reporting period.

(e) Subsections (c) and (d) shall not apply to a person who uses the person's own timber for sawing or processing for personal use and not for resale.

(f) The fees required by this Section shall be deposited in the Illinois Forestry Development Fund, a special fund in the State Treasury, for the purposes of the "Illinois Forestry Development Act".

(Source: P.A. 89-445, eff. 2-7-96.)

(225 ILCS 735/10) (from Ch. 111, par. 710)

Sec. 10. The Department may make such administrative rules and regulations as may be necessary to carry out the provisions of this Act in accordance with the Illinois Administrative Procedure Act.

(Source: P.A. 76-1307.)

(225 ILCS 735/11) (from Ch. 111, par. 711)

Sec. 11. Penalties and fines. All fines and penalties associated with violations of this Act or administrative rules thereunder, except as otherwise provided in this Act, are payable 50% to the Department's Conservation Police Operations Assistance Fund and 50% to the Department's Illinois Forestry Development Fund.

(a) Except as otherwise provided in this Act Section any person in violation of any of the provisions of this Act, or administrative rules thereunder, shall be guilty of a Class A misdemeanor.

(a-5) Any person convicted of violating Section 3 of this Act shall be guilty of a Class A misdemeanor and fined at least $500 for a first offense and guilty of a Class 4 felony and fined at least $1,000 for a second or subsequent offense.

(a-10) Any person convicted of violating subsection (a) of Section 5 or subsection (a) or (c) of Section 9a is guilty of a Class A misdemeanor if the aggregate value of the timber cut, caused to be cut, or appropriated is equal to or less than $500.

(b) Any person convicted of violating subsections (a) or (b) of Section 5 or subsection (a) or (c) of Section 9a of this Act is guilty of a Class 4 felony if the aggregate value of the timber purchased, cut, caused to be cut or appropriated is over $500 $ 300 but not more than $2,500.

(b-5) Any person convicted of violating subsection (a) or (b) of Section 5 or subsection (a) or (c) of Section 9a of this Act is guilty of a Class 3 felony if the aggregate value of the timber purchased, cut, caused to be cut, or appropriated is over $2,500 but not more than $10,000.

(b-10) Any person convicted of violating subsection (a) or (b) of Section 5 or subsection (a) or (c) of Section 9a of this Act is guilty of a Class 2 felony if the aggregate value of the timber purchased, cut, caused to be cut, or appropriated is over $10,000.

(b-15) The aggregate value of the timber purchased, cut, caused to be cut, or appropriated shall be determined as provided by administrative rule.

(c) A person convicted of violating subsection (b) (f) of Section 5 of this Act is guilty of a Class A misdemeanor. A person convicted of a second or subsequent violation is guilty of a Class 4 felony.

(c-5) A person convicted of violating subsection (c) of Section 5 is guilty of a Class A misdemeanor.

(c-10) A person convicted of violating subsection (d) of Section 5 is guilty of a Class A misdemeanor and shall be assessed a fine of not less than $1,000. A person convicted of a second or subsequent violation is guilty of a Class 4 felony and shall be assessed a fine of not less than $2,000.

(c-15) A person convicted of violating subsection (f) of Section 5 is guilty of a Class B misdemeanor.

(c-20) A person convicted of violating subsection (g) of Section 5 is guilty of a Class C misdemeanor.

(d) All penalties issued pursuant to subsections (e) and (f) amounts collected as fines imposed as penalties for violation of this Act shall be deposited in the Illinois Forestry Development Fund for the purposes of the "Illinois Forestry Development Act".

(e) Failure In case of a failure to pay any purchase harvest fee required under Section 9a of this Act on the date as required by regulation of the Department, there shall be added as a penalty an amount equal to 7.5% of the harvest fee due the Department for each month or fraction thereof during which such failure continues, not to exceed 37.5% in the aggregate. This penalty shall be in addition to any other penalty determined under this Act or by the circuit court.

(f) A person convicted of violating subsection (b) or (d) of Section 9a shall be guilty of a Class C misdemeanor and shall be assessed In case of failure to file the appropriate report of the purchase harvest fee form stipulated under Section 9a of this Act on the date prescribed therefore, a penalty in the amount of $25 which shall be added to the amount due the Department for each individual report shall be added to the amount due the Department.

(g) All fines required in this Section This penalty shall be in addition to any other penalty authorized determined under this Act, the Unified Code of Corrections, or imposed by by the circuit court..

(h) Any person who knowingly or intentionally violates any of the provisions of this Act, or administrative rules thereunder, when the person's license has been revoked or denied or the person's ability to engage in the activity requiring the license has been suspended under Section 13 is guilty of:

(1) a Class 4 felony if the underlying offense that was committed during a period of revocation or suspension is a misdemeanor; or

(2) one classification higher if the underlying offense that was committed during a period of revocation or suspension is a felony.

(Source: P.A. 92-805, eff. 8-21-02.)

(225 ILCS 735/12) (from Ch. 111, par. 712)

Sec. 12. No certificate of license or timber buyer identification card shall be issued to any person who is in default to the people of the State of Illinois for moneys due under this Act.

(Source: P.A. 76-1307.)

(225 ILCS 735/13) (from Ch. 111, par. 713)

Sec. 13. License revocation.

(a) The Department may revoke the license of any person who violates the provisions of this Act, and may refuse to issue any permit or license to any such person who is in violation of this Act for a period of time as established by administrative rule not to exceed 5 years following such revocation.

(a-5) License revocation, suspension, or refusal by the Department to issue or reissue any permit or license, and the procedures for such action by the Department or appeals to such action that was taken by the Department shall be established by administrative rule and in accordance with the Illinois Administrative Procedure Act.

(b) (Blank). Whenever the holder of a license issued under this Act is found guilty of any misrepresentation in obtaining his or her license or of a violation of any of the provisions of this Act or rules adopted pursuant to this Act, the Department may:

(1) revoke his or her license;

(2) refuse to issue a license to that person; and

(3) suspend the person from engaging in the activity requiring the license for up to 5 years following the revocation.

(c) (Blank). Whenever the holder of a license issued under this Act is found guilty of any misrepresentation in obtaining his or her license or of a violation of any of the provisions of this Act or rules adopted pursuant to this Act, and his or her license has been previously revoked or his or her ability to engage in the activity requiring the license has been previously suspended, the Department may:

(1) revoke his or her license;

(2) refuse to issue any license to that person; and

(3) suspend the person from engaging in the activity requiring the license for at least 5 years but not more than 10 years following the revocation or suspension.

(d) (Blank). Whenever the holder of a license issued under this Act is found guilty of any misrepresentation in obtaining that license or of a violation of any of the provisions of this Act or rules adopted under this Act, and his or her license has been previously revoked or his or her ability to engage in the activity requiring the license has been suspended on 2 or more occasions, the Department may:

(1) revoke his or her license;

(2) refuse to issue any license to that person; and

(3) suspend the person from engaging in the activity requiring the license for at least 10 years but not more than 75 years following the revocation or suspension. Department revocation procedures shall be established by administrative rule.

If the holder of a license is found negligent with respect to any duty required under this Act, the Department may suspend or revoke his or her privilege to engage in the activity for which the license is required, his or her license, or both.

(e) (Blank). Whenever a person who has not been issued a license under this Act is found guilty of a violation of the provisions of this Act or rules adopted under this Act, the Department may:

(1) refuse to issue any license to that person; and

(2) suspend that person from engaging in the activity requiring the license for up to 5 years following the revocation.

(f) (Blank). Whenever a person who has not been issued a license under this Act is found guilty of a violation of this Act or rules adopted under this Act and his or her license has been previously revoked or his or her ability to engage in the activity requiring the license has been previously suspended, the Department may:

(1) refuse to issue any license to that person; and

(2) suspend that person from engaging in the activity requiring the license for at least 5 years but not more than 10 years following the revocation or suspension.

(g) (Blank). Whenever a person who has not been issued a license under this Act is found guilty of a violation of this Act or rules adopted under this Act and his or her license has been previously revoked or his or her ability to engage in the activity requiring the license has been suspended on 2 or more occasions, the Department may:

(1) refuse to issue any license to that person; and

(2) suspend that person from engaging in the activity requiring the license for at least 10 years but not more than 75 years following the revocation or suspension.

(h) (Blank). Licenses authorized under this Act shall be prepared by the Department and be in such form as prescribed by the Department. The information required on each license shall be completed thereon by the issuing agent at the time of issuance and each license shall be signed by the licensee. All such licenses shall be supplied by the Department, subject to such rules as the Department may prescribe. Any license that is not properly prepared, obtained, and signed as required by this Act shall be void.

(i) Any person whose license to engage in an activity regulated by this Act has been revoked or whose ability to engage in the activity requiring the license has been suspended may not, during the period of suspension or revocation:

(1) hold any license authorized by this Act;

(2) perform directly or indirectly any privileges authorized by any license issued in accordance with this Act; or

(3) buy, sell, barter, trade, or take possession of any timber as defined in this Act, regardless of any contractual agreements entered into prior to the revocation or suspension.

(j) No person may be issued a license or engage in any activity regulated by this Act for which a license is required during the time that the person's privilege to engage in the same or similar activities is suspended or revoked by another state, by a federal agency, or by a province of Canada.

Any person who knowingly or intentionally violates any of the provisions of this Act, or administrative rules thereunder, when his or her license has been revoked or denied or his or her ability to engage in the activity requiring the license has been suspended under this Section, is guilty of a Class 4 felony.

(Source: P.A. 92-805, eff. 8-21-02.)

(225 ILCS 735/16) (from Ch. 111, par. 716)

Sec. 16. Any timber, forestry, or wood cutting device or equipment, including vehicles and conveyances used or operated in violation of this Act, including administrative rules, or attempted to be used in violation of this Act or administrative rules shall be deemed a public nuisance and subject to the seizure and confiscation by any authorized employee of the Department; upon the seizure of such item the Department shall take and hold the same until disposed of as hereinafter provided.

Upon the seizure of any property as herein provided, the authorized employee of the Department making such seizure shall forthwith cause a complaint to be filed before the Circuit Court and a summons to be issued requiring the person who illegally used or operated or attempted to use or operate such property and the owner and person in possession of such property to appear in court and show cause why the property seized should not be forfeited to the State. Upon the return of the summons duly served or other notice as herein provided, the court shall proceed to determine the question of the illegality of the use of the seized property and upon judgment being entered to the effect that such property was illegally used, an order may be entered providing for the forfeiture of such seized property to the Department and shall thereupon become the property of the Department; but the owner of such property may have a jury determine the illegality of its use, and shall have the right of an appeal, as in other cases. Such confiscation or forfeiture shall not preclude or mitigate against prosecution and assessment of penalties otherwise provided in this Act.

Upon seizure of any property under circumstances supporting a reasonable belief that such property was abandoned, lost, or stolen or otherwise illegally possessed or used contrary to the provisions of this Act, except property seized during a search or arrest, and ultimately returned, destroyed, or otherwise disposed of pursuant to order of a court in accordance with this Act, the authorized employee of the Department shall make reasonable inquiry and efforts to identify and notify the owner or other person entitled to possession thereof, and shall return the property after such person provides reasonable and satisfactory proof of his ownership or right to possession and reimburses the Department for all reasonable expenses of such custody. If the identity or location of the owner or other person entitled to possession of the property has not been ascertained within 6 months after the Department obtains such possession, the Department shall effectuate the sale of the property for cash to the highest bidder at a public auction. The owner or other person entitled to possession of such property may claim and recover possession of the property at any time before its sale at public auction, upon providing reasonable and satisfactory proof of ownership or right of possession and reimbursing the Department for all reasonable expenses of custody thereof.

Any property forfeited to the State by court order pursuant to this Section may be disposed of by public auction, except that any property which is the subject of such a court order shall not be disposed of pending appeal of the order. The proceeds of the sales at auction shall be deposited in the Illinois Forestry Development Fund.

The Department shall pay all costs of notices required by this Section. Property seized or forfeited under this Section is subject to reporting under Section 5 of the Seizure and Forfeiture Reporting Act.

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