SB1560 EnrolledLRB103 25313 AMQ 51658 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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);
17        (7) Section 28-5 of the Criminal Code of 2012
18    (gambling);
19        (8) Article 29B of the Criminal Code of 2012 (money
20    laundering);
21        (9) Article 33G of the Criminal Code of 2012 (Illinois
22    Street Gang and Racketeer Influenced And Corrupt
23    Organizations Law);

 

 

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1        (10) Article 36 of the Criminal Code of 2012 (seizure
2    and forfeiture of vessels, vehicles, and aircraft);
3        (11) Section 47-15 of the Criminal Code of 2012
4    (dumping garbage upon real property);
5        (12) Article 124B of the Code of Criminal Procedure of
6    1963 (forfeiture);
7        (13) the Drug Asset Forfeiture Procedure Act;
8        (14) the Narcotics Profit Forfeiture Act;
9        (15) the Illinois Streetgang Terrorism Omnibus
10    Prevention Act; and
11        (16) the Illinois Securities Law of 1953; and .
12        (17) Section 16 of the Timber Buyers Licensing Act.
13(Source: P.A. 102-558, eff. 8-20-21.)
 
14    Section 10. The Timber Buyers Licensing Act is amended by
15changing Sections 2, 3, 4, 5, 7, 8, 9, 9a, 10, 11, 12, 13, 14,
16and 16 as follows:
 
17    (225 ILCS 735/2)  (from Ch. 111, par. 702)
18    Sec. 2. Definitions. When used in this Act, unless the
19context otherwise requires, the term:
20    "Agent" means any person acting on behalf of a timber
21buyer, employed by a timber buyer, or under an agreement,
22whether oral or written, with a timber buyer who buys timber,
23attempts to buy timber, procures contracts for the purchase or
24cutting of timber, or attempts to procure contracts for the

 

 

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1purchase or cutting of timber.
2    "Buying timber" means to buy, barter, cut on shares, or
3offer to buy, barter, cut on shares, or take possession of
4timber with the consent of the timber grower.
5    "Department" means the Department of Natural Resources.
6    "Director" means the Director of Natural Resources.
7    "Good standing" means any person who is not:
8        (1) currently serving a sentence of probation, or
9    conditional discharge, for a violation of this Act or
10    administrative rules adopted under this Act;
11        (2) owes any amount of money pursuant to a civil
12    judgment regarding the sale, cutting, or transportation of
13    timber;
14        (3) owes the Department any required fee, payment, or
15    money required under this Act; or
16        (4) is currently serving a suspension or revocation of
17    any privilege that is granted under this Act.
18    "Liability insurance" means not less than $500,000 in
19insurance covering a timber buyer's business and agents that
20shall insure against the liability of the insured for the
21death, injury, or disability of an employee or other person
22and insurance against the liability of the insured for damage
23to or destruction of another person's property.
24    "Payment receipt" means copy or duplicate of an original
25receipt of payment for timber to a timber grower or duplicate
26of electronic or direct payment verification of funds received

 

 

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1by timber grower.
2    "Person" means any person, partnership, firm, association,
3business trust, limited liability company, or corporation.
4    "Proof of ownership" means a printed document provided by
5the Department that serves as a written bill of lading.
6    "Resident" means a person who in good faith makes
7application for any license or permit and verifies by
8statement that the person has maintained the person's
9permanent abode or headquarters in this State for a period of
10at least 30 consecutive days immediately preceding the
11person's application and who does not maintain a permanent
12abode or headquarters or claim residency in another state for
13the purposes of obtaining any of the same or similar licenses
14or permits covered by this Act. A person's permanent abode or
15headquarters is the person's fixed and permanent dwelling
16place or main location where the person conducts business, as
17distinguished from a temporary or transient place of residence
18or location.
19    "Timber" means trees, standing or felled, and parts
20thereof which can be used for sawing or processing into lumber
21for building or structural purposes or for the manufacture of
22any article. "Timber" does not include firewood, Christmas
23trees, fruit or ornamental trees, or wood products not used or
24to be used for building, structural, manufacturing, or
25processing purposes.
26    "Timber buyer" means any person licensed or unlicensed,

 

 

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1who is engaged in the business of buying timber from the timber
2growers thereof for sawing into lumber, for processing or for
3resale, but does not include any person who occasionally
4purchases timber for sawing or processing for the person's his
5own use and not for resale.
6    "Buying timber" means to buy, barter, cut on shares, or
7offer to buy, barter, cut on shares, or take possession of
8timber, with or without the consent of the timber grower.
9    "Timber grower" means the owner, tenant, or operator of
10land in this State who has an interest in, or is entitled to
11receive any part of the proceeds from the sale of timber grown
12in this State and includes persons exercising authority to
13sell timber.
14    "Transporter" means any person acting on behalf of a
15timber buyer, employed by a timber buyer, or under an
16agreement, whether oral or written, with a timber buyer who
17takes or carries timber from one place to another by means of a
18motor vehicle.
19    "Department" means the Department of Natural Resources.
20    "Director" means the Director of Natural Resources.
21    "Employee" means any person in service or under contract
22for hire, expressed or implied, oral or written, who is
23engaged in any phase of the enterprise or business at any time
24during the license year.
25(Source: P.A. 89-445, eff. 2-7-96.)
 

 

 

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1    (225 ILCS 735/3)  (from Ch. 111, par. 703)
2    Sec. 3. License required. Every person before engaging in
3the business of a timber buyer shall obtain a license for such
4purpose from the Department. Application for such license
5shall be filed with the Department and shall set forth the name
6of the applicant, its principal officers if the applicant is a
7corporation or the partners if the applicant is a partnership,
8the location of any principal office or place of business of
9the applicant, the counties in this State in which the
10applicant proposes to engage in the business of timber buyer,
11a list of all agents of the timber buyer, and such additional
12information as the Department by rule regulation may require.
13All timber buyers and their agents must be 18 years of age or
14older.
15    The application shall set forth the aggregate dollar
16amount paid to timber growers for timber purchased in this
17State during the applicant's last completed fiscal or calendar
18year. In the event the applicant has been engaged as a timber
19buyer for less than one year, his application shall set forth
20the dollar amount paid to timber growers for the number of
21completed months during which the applicant has been so
22engaged. If the applicant has not been previously engaged in
23buying timber in this State, the application shall set forth
24the estimated aggregate dollar amount to be paid by the
25applicant to timber growers for timber to be purchased from
26them during the next succeeding 12 month period.

 

 

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1(Source: P.A. 77-2796.)
 
2    (225 ILCS 735/4)  (from Ch. 111, par. 704)
3    Sec. 4. Liability insurance Bond. Every person licensed as
4a timber buyer shall file with the Department a certificate of
5liability insurance , on a form prescribed and furnished by the
6Department, a performance bond payable to the State of
7Illinois by and through the Department and conditioned on the
8faithful performance of and compliance with all requirements
9of the license and this Act. No such liability insurance
10policy shall be effective under this Section unless issued by
11an insurance company or surety company authorized to do
12business in this State. The bond shall be a surety bond signed
13by the person to be licensed as principal and by a good and
14sufficient corporate surety authorized to engage in the
15business of executing surety bonds within the State of
16Illinois as surety thereon. In lieu of a surety bond an
17applicant for a timber buyers license may, with the approval
18of the Department, deposit with the Department as security a
19certificate of deposit or irrevocable letter of credit of any
20bank organized or transacting business in the United States in
21an amount equal to or greater than the amount of the required
22bond. Such deposits shall be made, held, and disposed of as
23provided in this Act and by the Department by rule. A bond or
24certificate of deposit shall be made payable upon demand to
25the Director, subject to the provisions of this Act, and any

 

 

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1rules adopted under this Act, and shall be for the use and
2benefit of the people of the State of Illinois, for the use and
3benefit of any timber grower from whom the applicant purchased
4timber and who is not paid by the applicant or for the use and
5benefit of any timber grower whose timber has been cut by the
6applicant or licensee or his or her agents and who has not been
7paid therefor; and for the use and benefit of any person
8aggrieved by the actions of the timber buyer.
9    Except as otherwise provided, in this Section, such
10liability insurance bond shall be in the principal amount of
11not less than $500,000 $ 500 for an applicant who paid timber
12growers $5,000 or less for timber during the immediate
13preceding year, and an additional $100 for each additional
14$1,000 or fraction thereof paid to timber growers for timber
15purchased during the preceding year, but shall not be more
16than $10,000. In the case of an applicant not previously
17engaged in business as a timber buyer, the amount of such bond
18shall be based on the estimated dollar amount to be paid by
19such timber buyer to timber growers for timber purchased
20during the next succeeding year, as set forth in the
21application; such bond shall, in no event, be in the principal
22amount of less than $500. In the case of a timber buyer whose
23bond has previously been forfeited in Illinois or in any other
24state, the Department shall double the applicable minimum bond
25amounts under this Section.
26    A liability insurance policy bond filed in accordance with

 

 

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1this Act shall not be canceled cancelled or altered during the
2period for which the timber buyer remains licensed by the
3Department without written notification to the Department. At
4all times, a licensee must have a liability insurance policy
5that is in conformity with this Act while licensed by the
6Department except upon at least 60 days notice in writing to
7the Department; in the event that the applicant has deposited
8certificates of deposit in lieu of a corporate surety the
9Department may retain possession of such certificates of
10deposit for a period of 60 days following the expiration or
11revocation of his or her license.
12    At any such time as a licensee fails to have the necessary
13liability insurance, surety bonds, certificates of deposit, or
14irrevocable letters of credit on deposit with the Department
15as required herein, the Department may immediately, and
16without notice, suspend the privileges of such licensee. In
17the event of such suspension, the Department shall give
18immediate notice of the same to the licensee and shall further
19reinstate such license upon filing with the Department a
20certificate of liability insurance that conforms to the
21requirements of this Act the posting of the required surety
22bond, certificates of deposit, or irrevocable letters of
23credit.
24    Bonds shall be in such form and contain such terms and
25conditions as may be approved from time to time by the
26Director, be conditioned to secure an honest cutting and

 

 

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1accounting for timber purchased by the licensee, secure
2payment to the timber growers and to insure the timber growers
3against all fraudulent acts of the licensee in the purchase
4and cutting of the timber of this State.
5    In the event the timber buyer fails to pay when owing any
6amount due a timber grower for timber purchased, or fails to
7pay judicially determined damages for timber wrongfully cut by
8a timber buyer or his agent, whether such wrongful cutting has
9occurred on or adjacent to the land which was the subject of
10timber purchase from a timber grower, or commits any violation
11of this Act, then an action on the bond or deposit for
12forfeiture may be commenced. Such action is not exclusive and
13is in addition to any other judicial remedies available.
14    In the event that the timber grower or owner of timber cut
15considers himself or herself aggrieved by a timber buyer, he
16or she shall notify the Department in writing of such
17grievance and thereafter the Department shall within 10 days
18give written notice to the timber buyer of the alleged
19violation of this Act or of any violation or noncompliance
20with the regulations hereunder of which the timber grower or
21owner of timber complains. The written notice to the timber
22buyer shall be from the Department by registered or certified
23mail to the licensee and his or her sureties stating in general
24terms the nature of the violation and that an action seeking
25forfeiture of the bond may be commenced at any time after the
2610 days from the date of said notice if at the end of that

 

 

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1period the violation still remains. In the event the
2Department shall fail to give notice to the timber buyer as
3provided herein, the timber grower or owner of timber cut may
4commence his or her own action for forfeiture of the
5licensee's bond.
6    The timber buyer, after receiving notice from the
7Department as provided herein, may within 10 days from the
8date of such notice, request in writing to appear and be heard
9regarding the alleged violation.
10    Upon such request from the timber buyer, the Department
11shall schedule a hearing, designating the time and place
12thereof. At such hearing the timber buyer may present for
13consideration of the Department any evidence, statements,
14documents or other information relevant to the alleged
15violation. The hearing shall be presided over by the Director
16or by any hearing officer he or she may designate. The hearing
17officer shall take evidence offered by the timber buyer or the
18Department and shall, if requested by the Department, submit
19his or her conclusions and findings which shall be advisory to
20the Director. Any hearings provided for in this Section shall
21be commenced within 30 days from the request therefor.
22    Should the timber buyer fail to make timely request for a
23hearing after receipt of the notice from the Department as
24provided herein, or after a hearing is concluded, the
25Department may either withdraw the notice of violation or
26request the Attorney General to institute proceedings to have

 

 

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1the bond of the timber buyer forfeited. The Attorney General,
2upon such request from the Department, shall institute
3proceedings to have the bond of the timber buyer forfeited for
4violation of any of the provisions of this Act or for
5noncompliance with any Department regulation.
6    In the event that the licensee's bond is forfeited, the
7proceeds thereof shall first be applied to any sums determined
8to be owed to the timber grower or owner of timber cut and then
9to the Department to defray expenses incurred by the
10Department in converting the security into money. Thereafter,
11the Department shall pay such excess to the timber buyer who
12furnished such security.
13    In the event the Department realizes less than the amount
14of liability from the security, after deducting expenses
15incurred by the Department in converting the security into
16money, it shall be grounds for the revocation of the timber
17buyer's license.
18(Source: P.A. 92-805, eff. 8-21-02.)
 
19    (225 ILCS 735/5)  (from Ch. 111, par. 705)
20    Sec. 5. Prohibitions. It shall be unlawful and a violation
21of this Act:
22    (a) For any person timber buyer to knowingly: and
23willfully fail to pay, as agreed, for any timber purchased,
24        (1) cut, cause to be cut, take, or caused to be taken,
25    any timber without the consent of the timber grower; or

 

 

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1        (2) enter into an agreement or contract with a timber
2    grower for the cutting of timber and:
3            (A) misrepresenting a material fact relating to
4        the terms of the contract or agreement, creating or
5        confirming another's impression which is false and the
6        buyer does not believe to be true, or promising
7        performance which the person buying the timber does
8        not intend to perform or knows will not be performed;
9        or
10            (B) using or employing any deception, false
11        pretense, or false promise in order to induce,
12        encourage, or solicit such person to enter into any
13        contract or agreement;
14    (b) For a timber buyer to conduct business under this Act
15without maintaining a liability insurance policy as required
16under this Act; For any timber buyer to knowingly and
17willfully cut or cause to be cut or appropriate any timber
18without the consent of the timber grower,
19    (c) For any person a timber buyer to knowingly willfully
20make any false statement or knowingly provide false
21information in connection with the application, liability
22insurance certification, or other information or reports
23required to be provided to the Department pursuant to this Act
24or administrative rule; bond or other information required to
25be given to the Department or a timber grower,
26    (d) For any person to act or engage in the business of a

 

 

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1timber buyer or act or engage in the business of timber buying
2as an agent of a timber buyer while not in good standing with
3the Department or, if required by this Act, while licensed by
4the Department; To fail to honestly account to the timber
5grower or the Department for timber purchased or cut if the
6buyer is under a duty to do so,
7    (e) (blank); For a timber buyer to commit any fraudulent
8act in connection with the purchase or cutting of timber,
9    (f) For a person timber buyer or land owner or operator to
10fail to file any the report or provide any documentation as or
11pay the fees required in Section 9a of this Act or
12administrative rule; , and
13    (g) For any person to resist or obstruct any officer,
14employee, or agent of the Department, or any member of a law
15enforcement agency in the discharge of the person's,
16employee's, agent's, or member's his duties under the
17provisions of this Act hereof.
18(Source: P.A. 86-208.)
 
19    (225 ILCS 735/7)  (from Ch. 111, par. 707)
20    Sec. 7. License; issuance, validity, and renewal;
21certificate. All persons buying timber under this Act must
22possess a valid timber buyer's license. Licenses authorized
23under this Act shall be prepared by the Department and be in
24such form as prescribed by the Department. The information
25required on each license shall be completed thereon by the

 

 

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1Department at the time of issuance, and each license shall be
2signed by the licensee. All such licenses shall be supplied by
3the Department, subject to such rules as the Department may
4prescribe. Any license that is not properly prepared,
5obtained, and signed as required by this Act shall be void. If
6the Department is satisfied that the applicant has fulfilled
7the requirements of this Act, the applicant and all listed
8agents in the application are in good standing, and if the
9liability insurance bond and sureties or bank certificate of
10deposit filed by the applicant is approved, the Department
11shall may issue a license to the applicant. The licenses
12issued shall be valid for a calendar year and may be renewed
13annually. A copy of the license certificate issued by the
14Department shall be posted in the principal office of the
15licensee in this State. A license from the Department shall
16include a list of all agents that are required to be reported
17to the Department in a timber buyer application for license. A
18timber buyer shall update the Department, in writing, within
1914 days, of a change in employment for any agent of the timber
20buyer that is required to be disclosed to the Department. The
21Department shall then reissue a certificate of license with
22the updated list of agents as well as any new timber buyer
23identification cards. The timber buyer identification card
24issued by the Department shall be carried upon the person of
25the timber buyer and any agent of the timber buyer when
26conducting activities covered under this Act for immediate

 

 

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1presentation for inspection to the officers and authorized
2employees of the Department, any sheriff, deputy sheriff, or
3any other peace officer making demand for it. No person
4charged with violating this Section, however, shall be
5convicted if the person he or she produces in court
6satisfactory evidence that a timber buyer identification card
7that was valid at the time of the offense had been issued to
8the timber buyer or agent. All timber buyer identification
9cards shall be issued by the Department. Any timber
10identification card that is issued to a timber buyer or timber
11buyer employee shall be returned to the Department or, if a
12digital license or digital identification card, shall be
13canceled by the Department within 5 days of the Department
14obtaining information of the termination of employment,
15suspension, or revocation of license, the agent or timber
16buyer is no longer in good standing, or expiration of a license
17if the license is not renewed.
18    Upon request for a license and payment of the fee, the
19Department shall issue to the licensee a certificate that a
20license has been granted and a bond filed as required by this
21Act as well as timber buyer identification cards for all
22listed agents on the timber buyer application that are in good
23standing.
24(Source: P.A. 92-805, eff. 8-21-02.)
 
25    (225 ILCS 735/8)  (from Ch. 111, par. 708)

 

 

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1    Sec. 8. Application fee. The application for a resident
2license to operate as a timber buyer, or a renewal thereof,
3shall be accompanied by a non-refundable filing fee of $125 $
425. The application for a non-resident license to operate as a
5timber buyer, or a renewal thereof, shall be accompanied by a
6non-refundable filing fee of $300. The fee to be paid for a
7certificate that a license has been issued and security filed
8is $5.
9    The fees required by this Section shall be deposited in
10the Illinois Forestry Development Fund for the purposes of the
11"Illinois Forestry Development Act".
12(Source: P.A. 85-287.)
 
13    (225 ILCS 735/9)  (from Ch. 111, par. 709)
14    Sec. 9. Records and inspection. The Department or any law
15enforcement agency may inspect any the premises used by any
16timber buyer in the conduct of the buyer's his or her business
17during normal business hours, at any reasonable time and such
18inspection may include, but is not limited to, the inventory,
19timber, the books, accounts, records, proof of ownership, and
20or other documentation required under this Act or
21administrative rule papers of every such timber buyer that
22operates or does business in the State shall at all times
23during business hours be subject to inspection by the
24Department. Any person licensed as a timber buyer as defined
25in this Act, or any person who has purchased, bartered, or

 

 

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1attempted to purchase or barter timber, or any person having
2possession or who has had possession of timber as defined in
3this Act shall be prima facie evidence that the person is be
4considered a timber buyer, excluding transporters. A timber
5buyer shall retain the books, accounts, records, proof of
6ownership, or other documentation required under this Act or
7administrative rule and papers used in the conduct of the
8buyer's his or her business for a period of 3 years after any
9purchase, cutting, or transportation of timber made by the
10timber buyer or the buyer's employee. All timber buyers shall
11provide to a transporter and a transporter shall have
12immediately available proof of ownership, on forms provided by
13the Department, for all timber that is currently being
14transported by the transporter.
15(Source: P.A. 85-287.)
 
16    (225 ILCS 735/9a)  (from Ch. 111, par. 709a)
17    Sec. 9a. Reporting a harvest fee.
18    (a) When a timber buyer buys purchases timber in this
19State, the timber buyer and timber grower shall determine the
20amount to be paid for such timber, or the value of items to be
21bartered for such timber, and the timber buyer shall deduct
22from the payment to the timber grower an amount which equals 4%
23of the purchase price or 4% of the minimum fair market value,
24as determined pursuant to administrative rule, when purchase
25price cannot otherwise be determined and shall forward such

 

 

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

 

 

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1rules shall include a voluntary arbitration program for use in
2situations in which a dispute arises as to the gross value of
3the timber.
4    (d) Every timber grower who utilizes timber produced on
5land the timber grower owns or operates for sawing into lumber
6for processing or for resale, shall report periodically, as
7required by this Act or administrative rule of the Department,
8the quantity, value, and species of timber produced and
9utilized by the owner or operator during the reporting period.
10    (e) Subsections (c) and (d) shall not apply to a person who
11uses the person's own timber for sawing or processing for
12personal use and not for resale.
13    (f) The fees required by this Section shall be deposited
14in the Illinois Forestry Development Fund, a special fund in
15the State treasury Treasury, for the purposes of the "Illinois
16Forestry Development Act".
17(Source: P.A. 89-445, eff. 2-7-96.)
 
18    (225 ILCS 735/10)  (from Ch. 111, par. 710)
19    Sec. 10. Rulemaking. The Department may make such
20administrative rules and regulations as may be necessary to
21carry out the provisions of this Act in accordance with the
22Illinois Administrative Procedure Act.
23(Source: P.A. 76-1307.)
 
24    (225 ILCS 735/11)  (from Ch. 111, par. 711)

 

 

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1    Sec. 11. Penalties and fines. All fines and penalties
2associated with violations of this Act or administrative rules
3thereunder, except as otherwise provided in this Act, are
4payable 50% to the Department's Conservation Police Operations
5Assistance Fund and 50% to the Department's Illinois Forestry
6Development Fund.
7    (a) Except as otherwise provided in this Act Section any
8person in violation of any of the provisions of this Act, or
9administrative rules thereunder, shall be guilty of a Class A
10misdemeanor.
11    (a-5) Any person convicted of violating Section 3 of this
12Act shall be guilty of a Class A misdemeanor and fined at least
13$500 for a first offense and guilty of a Class 4 felony and
14fined at least $1,000 for a second or subsequent offense.
15    (a-10) Any person convicted of violating subsection (a) of
16Section 5 is guilty of a Class A misdemeanor if the aggregate
17value of the timber cut, caused to be cut, or appropriated is
18equal to or less than $500.
19    (a-15) Any person convicted of violating subsection (a) or
20(c) of Section 9a is guilty of a Class A misdemeanor if the
21aggregate value of the amount due to the Department is equal to
22or less than $500.
23    (b) Any person convicted of violating subsection
24subsections (a) or (b) of Section 5 of this Act is guilty of a
25Class 4 felony if the aggregate value of the timber purchased,
26cut, caused to be cut or appropriated is over $500 $300 but not

 

 

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

 

 

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1person convicted of a second or subsequent violation is guilty
2of a Class 4 felony.
3    (c-5) A person convicted of violating subsection (c) of
4Section 5 is guilty of a Class A misdemeanor.
5    (c-10) A person convicted of violating subsection (d) of
6Section 5 is guilty of a Class A misdemeanor and shall be
7assessed a fine of not less than $1,000. A person convicted of
8a second or subsequent violation is guilty of a Class 4 felony
9and shall be assessed a fine of not less than $2,000.
10    (c-15) A person convicted of violating subsection (f) of
11Section 5 is guilty of a Class B misdemeanor.
12    (c-20) A person convicted of violating subsection (g) of
13Section 5 is guilty of a Class C misdemeanor.
14    (d) All penalties issued pursuant to subsections (e) and
15(f) amounts collected as fines imposed as penalties for
16violation of this Act shall be deposited in the Illinois
17Forestry Development Fund for the purposes of the "Illinois
18Forestry Development Act".
19    (e) Failure In case of a failure to pay any purchase
20harvest fee required under Section 9a of this Act on the date
21as required by regulation of the Department, there shall be
22added as a penalty an amount equal to 7.5% of the harvest fee
23due the Department for each month or fraction thereof during
24which such failure continues, not to exceed 37.5% in the
25aggregate. This penalty shall be in addition to any other
26penalty determined under this Act or by the circuit court.

 

 

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1    (f) A person convicted of violating subsection (b) or (d)
2of Section 9a shall be guilty of a Class C misdemeanor and
3shall be assessed In case of failure to file the appropriate
4report of the purchase harvest fee form stipulated under
5Section 9a of this Act on the date prescribed therefore, a
6penalty in the amount of $25, which shall be added to the
7amount due the Department for each individual report shall be
8added to the amount due the Department. A second or subsequent
9offense within a 3-year period after the date of the first
10offense is a Class A misdemeanor.
11    (g) All fines required in this Section This penalty shall
12be in addition to any other penalty authorized determined
13under this Act, the Unified Code of Corrections, or imposed by
14the circuit court.
15    (h) Any person who knowingly or intentionally violates any
16of the provisions of this Act, or administrative rules
17thereunder, when the person's license has been revoked or
18denied or the person's ability to engage in the activity
19requiring the license has been suspended under Section 13 is
20guilty of:
21        (1) a Class 4 felony if the underlying offense that
22    was committed during a period of revocation or suspension
23    is a misdemeanor; or
24        (2) one classification higher if the underlying
25    offense that was committed during a period of revocation
26    or suspension is a felony.

 

 

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1(Source: P.A. 92-805, eff. 8-21-02.)
 
2    (225 ILCS 735/12)  (from Ch. 111, par. 712)
3    Sec. 12. Default. No certificate of license or timber
4buyer identification card shall be issued to any person who is
5in default to the people of the State of Illinois for moneys
6due under this Act.
7(Source: P.A. 76-1307.)
 
8    (225 ILCS 735/13)  (from Ch. 111, par. 713)
9    Sec. 13. License revocation.
10    (a) The Department may revoke the license of any person
11who violates the provisions of this Act, and may refuse to
12issue any permit or license to any such person who is in
13violation of this Act for a period of time as established by
14administrative rule not to exceed 5 years following such
15revocation.
16    (a-5) License revocation, suspension, or refusal by the
17Department to issue or reissue any permit or license, and the
18procedures for such action by the Department or appeals to
19such action that was taken by the Department shall be
20established by administrative rule and in accordance with the
21Illinois Administrative Procedure Act.
22    (b) (Blank). Whenever the holder of a license issued under
23this Act is found guilty of any misrepresentation in obtaining
24his or her license or of a violation of any of the provisions

 

 

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

 

 

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

 

 

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

 

 

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1suspended may not, during the period of suspension or
2revocation:
3        (1) hold any license authorized by this Act;
4        (2) perform directly or indirectly any privileges
5    authorized by any license issued in accordance with this
6    Act; or
7        (3) buy, sell, barter, trade, or take possession of
8    any timber as defined in this Act, regardless of any
9    contractual agreements entered into prior to the
10    revocation or suspension.
11    (j) No person may be issued a license or engage in any
12activity regulated by this Act for which a license is required
13during the time that the person's privilege to engage in the
14same or similar activities is suspended or revoked by another
15state, by a federal agency, or by a province of Canada.
16    Any person who knowingly or intentionally violates any of
17the provisions of this Act, or administrative rules
18thereunder, when his or her license has been revoked or denied
19or his or her ability to engage in the activity requiring the
20license has been suspended under this Section, is guilty of a
21Class 4 felony.
22(Source: P.A. 92-805, eff. 8-21-02.)
 
23    (225 ILCS 735/16)  (from Ch. 111, par. 716)
24    Sec. 16. Forfeiture and seizure. Any timber, forestry, or
25wood cutting device or equipment, including vehicles and

 

 

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1conveyances used or operated in violation of this Act,
2including administrative rules, or attempted to be used in
3violation of this Act or administrative rules shall be deemed
4a public nuisance and subject to the seizure and confiscation
5by any authorized employee of the Department; upon the seizure
6of such item the Department shall take and hold the same until
7disposed of as hereinafter provided.
8    Upon the seizure of any property as herein provided, the
9authorized employee of the Department making such seizure
10shall forthwith cause a complaint to be filed before the
11Circuit Court and a summons to be issued requiring the person
12who illegally used or operated or attempted to use or operate
13such property and the owner and person in possession of such
14property to appear in court and show cause why the property
15seized should not be forfeited to the State. Upon the return of
16the summons duly served or other notice as herein provided,
17the court shall proceed to determine the question of the
18illegality of the use of the seized property and upon judgment
19being entered to the effect that such property was illegally
20used, an order may be entered providing for the forfeiture of
21such seized property to the Department and shall thereupon
22become the property of the Department; but the owner of such
23property may have a jury determine the illegality of its use,
24and shall have the right of an appeal, as in other cases. Such
25confiscation or forfeiture shall not preclude or mitigate
26against prosecution and assessment of penalties otherwise

 

 

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1provided in this Act.
2    Upon seizure of any property under circumstances
3supporting a reasonable belief that such property was
4abandoned, lost, or stolen or otherwise illegally possessed or
5used contrary to the provisions of this Act, except property
6seized during a search or arrest, and ultimately returned,
7destroyed, or otherwise disposed of pursuant to order of a
8court in accordance with this Act, the authorized employee of
9the Department shall make reasonable inquiry and efforts to
10identify and notify the owner or other person entitled to
11possession thereof, and shall return the property after such
12person provides reasonable and satisfactory proof of his
13ownership or right to possession and reimburses the Department
14for all reasonable expenses of such custody. If the identity
15or location of the owner or other person entitled to
16possession of the property has not been ascertained within 6
17months after the Department obtains such possession, the
18Department shall effectuate the sale of the property for cash
19to the highest bidder at a public auction. The owner or other
20person entitled to possession of such property may claim and
21recover possession of the property at any time before its sale
22at public auction, upon providing reasonable and satisfactory
23proof of ownership or right of possession and reimbursing the
24Department for all reasonable expenses of custody thereof.
25    Any property forfeited to the State by court order
26pursuant to this Section may be disposed of by public auction,

 

 

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1except that any property which is the subject of such a court
2order shall not be disposed of pending appeal of the order. The
3proceeds of the sales at auction shall be deposited in the
4Illinois Forestry Development Fund.
5    The Department shall pay all costs of notices required by
6this Section. Property seized or forfeited under this Section
7is subject to reporting under Section 5 of the Seizure and
8Forfeiture Reporting Act.
9(Source: P.A. 86-208.)