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92_HB1006enr HB1006 Enrolled LRB9203208LDpr 1 AN ACT in relation to timber. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Timber Buyers Licensing Act is amended by 5 changing Sections 4, 7, 11, and 13 as follows: 6 (225 ILCS 735/4) (from Ch. 111, par. 704) 7 Sec. 4. Bond. Every person licensed as a timber buyer 8 shallhave onfile with the Department, on a form prescribed 9 and furnished by the Department, a performancesuretybond 10 payable to the State of Illinois by and through the 11 Department and conditioned on the faithful performance of and 12 compliance with all requirements of the license and this Act. 13 The bond shall be a surety bond signed by the person to be 14 licensed as principal and by a good and sufficient corporate 15 surety authorized to engage in the business of executing 16 surety bonds within the State of Illinois as surety thereon. 17 In lieu of acorporatesurety bond an applicant for a timber 18 buyers license may, with the approval of the Department, 19 deposit with the Department as security afile a bond signed20by the applicant as principal and accompanied by a bank or21savings and loan associationcertificate of deposit or 22 irrevocable letter of credit of any bank organized or 23 transacting business in the United Statesin a form approved24by the Department, showing to the satisfaction of the25Department that fundsin an amount equal to or greater than 26 the amount of the required bondare on deposit in a bank or27savings and loan association to be held by the bank or28savings and loan association for the period covered by the29license. Such deposits shall be made, held, and disposed of 30 as provided in this Act and by the Department by rule. A 31 bond or certificate of depositThe fundsshall be made HB1006 Enrolled -2- LRB9203208LDpr 1 payable upon demand to the Director, subject to the 2 provisions of this Act, and any rules adopted under this Act, 3 and shall be for the use and benefit of the people of the 4 State of Illinois,andfor the use and benefit of any timber 5 grower from whom the applicant purchased timber and who is 6 not paid by the applicant or for the use and benefit of any 7 timber grower whose timber has been cut by the applicant or 8 licensee or his or her agents,and who has not been paid 9 therefor; and for the use and benefit of any person aggrieved 10 by the actions of the timber buyer.the Department may, in11its discretion, continue the existing bond of any applicant12who has previously been licensed and posted a good and13sufficient bond.14 Except as otherwise provided, in this Section, such bond 15 shall be in the principal amount of $500 for an applicant who 16 paid timber growers $5,000 or less for timber during the 17 immediate preceding year, and an additional $100 for each 18 additional $1,000 or fraction thereof paid to timber growers 19 for timber purchased during the preceding year, but shall not 20 be more than $10,000. In the case of an applicant not 21 previously engaged in business as a timber buyer, the amount 22 of such bond shall be based on the estimated dollar amount to 23 be paid by such timber buyer to timber growers for timber 24 purchased during the next succeeding year, as set forth in 25 the application; such bond shall, in no event, be in the 26 principal amount of less than $500. In the case of a timber 27 buyer whose bond has previously been forfeited in Illinois or 28 in any other state, the Department shall double the 29 applicable minimum bond amounts under this Section. 30 A bond filed in accordance with this ActSuch bond, or31surety thereon,shall not be cancelled or altered during the 32 period for which the timber buyer remains licensed by the 33 Departmentlicense to the applicant was issuedexcept upon at 34 least 60 days notice in writing to the Department; in the HB1006 Enrolled -3- LRB9203208LDpr 1 event that the applicant has deposited certificates of 2 deposit in lieu of a corporate surety the Department may 3 retain possession of such certificates of deposit for a 4 period of 60 days following the expiration or revocation of 5 his or her license. 6 At any such time as a licensee fails to have the 7 necessary surety bonds, certificates of deposit, or 8 irrevocable letters of creditor bothon deposit with the 9 Department as required herein, the Department may 10 immediately, and without notice, suspend the privileges 11revoke the licenseof such licensee. In the event of such 12 suspensionrevocation, the Department shall give immediate 13 notice of the same to the licensee and shall further 14 reinstate such license upon the posting of the required 15 surety bond,orcertificates of deposit, or irrevocable 16 letters of credit. 17 Bonds shall be in such form and contain such terms and 18 conditions as may be approved from time to time by the 19 Director, be conditioned to secure an honest cutting and 20 accounting for timber purchased by the licensee, secure 21 payment to the timber growers and to insure the timber 22 growers against all fraudulent acts of the licensee in the 23 purchase and cutting of the timber of this State. 24 In the event the timber buyer fails to pay when owingdue25 any amount due a timber grower for timber purchased, or fails 26 to pay judicially determined damages for timber wrongfully 27 cut by a timber buyer or his agent, whether such wrongful 28 cutting has occurred on or adjacent to the land which was the 29 subject of timber purchase from a timber grower, or commits 30 any violation of this Act, then an action on the bond or 31 deposit for forfeiture may be commenced. Such action is not 32 exclusive and is in addition to any other judicial remedies 33 available. 34 In the event that the timber grower or owner of timber HB1006 Enrolled -4- LRB9203208LDpr 1 cut considers himself or herself aggrieved by a timber buyer, 2 he or she shall notify the Department in writing of such 3 grievance and thereafter the Department shall within 10 days 4 give written notice to the timber buyer of the alleged 5 violation of this Act or of any violation or noncompliance 6 with the regulations hereunder of which the timber grower or 7 owner of timber complains. The written notice to the timber 8 buyer shall be from the Department by registered or certified 9 mail to the licensee and his or her sureties stating in 10 general terms the nature of the violation and that an action 11 seeking forfeiture of the bond may be commenced at any time 12 after the 10 days from the date of said notice if at the end 13 of that period the violation still remains. In the event the 14 Department shall fail to give notice to the timber buyer as 15 provided herein, the timber grower or owner of timber cut may 16 commence his or her own action for forfeiture of the 17 licensee's bond. 18 The timber buyer, after receiving notice from the 19 Department as provided herein, may within 10 days from the 20 date of such notice, request in writing to appear and be 21 heard regarding the alleged violation. 22 Upon such request from the timber buyer, the Department 23 shall schedule a hearing, designating the time and place 24 thereof. At such hearing the timber buyer may present for 25 consideration of the Department any evidence, statements, 26 documents or other information relevant to the alleged 27 violation. The hearing shall be presided over by the Director 28 or by any hearing officer he or she may designate. The 29 hearing officer shall take evidence offered by the timber 30 buyer or the Department and shall, if requested by the 31 Department, submit his or her conclusions and findings which 32 shall be advisory to the Director. Any hearings provided for 33 in this Section shall be commenced within 30 days from the 34 request therefor. HB1006 Enrolled -5- LRB9203208LDpr 1 Should the timber buyer fail to make timely request for a 2 hearing after receipt of the notice from the Department as 3 provided herein, or after a hearing is concluded, the 4 Department may either withdraw the notice of violation or 5 request the Attorney General to institute proceedings to have 6 the bond of the timber buyer forfeited. The Attorney General, 7 upon such request from the Department, shall institute 8 proceedings to have the bond of the timber buyer forfeited 9 for violation of any of the provisions of this Act or for 10 noncompliance with any Department regulation. 11 In the event that the licensee's bond is forfeited, the 12 proceeds thereof shall first be applied to any sums 13 determined to be owed to the timber grower or owner of timber 14 cut and then to the Department to defray expenses incurred by 15 the Department in converting the security into money. 16 Thereafter, the Department shall pay such excess to the 17 timber buyer who furnished such security. 18 In the event the Department realizes less than the amount 19 of liability from the security, after deducting expenses 20 incurred by the Department in converting the security into 21 money, it shall be grounds for the revocation of the timber 22 buyer's license. 23 (Source: P.A. 83-1362.) 24 (225 ILCS 735/7) (from Ch. 111, par. 707) 25 Sec. 7. License; issuance, validity, and renewal; 26 certificate. If the Department is satisfied that the 27 applicant has fulfilled the requirements and if the bond and 28 sureties or bank certificate of deposit filed by the 29 applicant is approved, the Department mayshallissue a 30 license to the applicant. The licenses issued shall be valid 31 for a calendar year and may be renewed annually. A copy of 32 the license certificate issued by the Department shall be 33 posted in the principal office of the licensee in this State. HB1006 Enrolled -6- LRB9203208LDpr 1 The timber buyer identification card issued by the Department 2 shall be carried upon the person of the timber buyer when 3 conducting activities covered under this Act for immediate 4 presentation for inspection to the officers and authorized 5 employees of the Department, any sheriff, deputy sheriff, or 6 any other peace officer making demand for it. No person 7 charged with violating this Section, however, shall be 8 convicted if he or she produces in court satisfactory 9 evidence that a timber buyer identification card that was 10 valid at the time of the offense had been issued to the 11 timber buyer. 12 Upon request for a license and payment of the fee, the 13 Department shall issue to the licensee a certificate that a 14 license has been granted and a bond filed as required by this 15 Act. 16 (Source: P.A. 76-1307.) 17 (225 ILCS 735/11) (from Ch. 111, par. 711) 18 Sec. 11. Penalties. 19 (a) Except as otherwise provided in this Section any 20 person in violation of any of the provisions of this Act, or 21 administrative rules thereunder, shall be guilty of a Class A 22 misdemeanor. 23 (a-5) Any person convicted of violating Section 3 of this 24 Act shall be guilty of a Class A misdemeanor and fined at 25 least $500 for a first offense and guilty of a Class 4 felony 26 and fined at least $1,000 for a second or subsequent offense. 27 (b) Any person convicted of violating subsections (a) or 28 (b) of Section 5 of this Act is guilty of a Class 4 felony if 29 the aggregate value of the timber purchased, cut, caused to 30 be cut or appropriated is over $300 but not more than $2,500. 31 (b-5) Any person convicted of violating subsection (a) 32 or (b) of Section 5 of this Act is guilty of a Class 3 felony 33 if the aggregate value of the timber purchased, cut, caused HB1006 Enrolled -7- LRB9203208LDpr 1 to be cut, or appropriated is over $2,500 but not more than 2 $10,000. 3 (b-10) Any person convicted of violating subsection (a) 4 or (b) of Section 5 of this Act is guilty of a Class 2 felony 5 if the aggregate value of the timber purchased, cut, caused 6 to be cut, or appropriated is over $10,000. 7 (b-15) The aggregate value of the timber purchased, cut, 8 caused to be cut, or appropriated shall be determined as 9 provided by administrative rule. 10 (c) A person convicted of violating subsection (f) of 11 Section 5 of this Act is guilty of a Class A misdemeanor. A 12 person convicted of a second or subsequent violation is 13 guilty of a Class 4 felony. 14 (d) All amounts collected as fines imposed as penalties 15 for violation of this Act shall be deposited in the Illinois 16 Forestry Development Fund for the purposes of the "Illinois 17 Forestry Development Act". 18 (e) In case of a failure to pay any harvest fee required 19 under Section 9a of this Act on the date as required by 20 regulation of the Department, there shall be added as a 21 penalty an amount equal to 7.5% of the harvest fee due the 22 Department for each month or fraction thereof during which 23 such failure continues, not to exceed 37.5% in the aggregate. 24 This penalty shall be in addition to any other penalty 25 determined under this Act. 26 (f) In case of failure to file the appropriate report of 27 the purchase harvest fee form stipulated under Section 9a of 28 this Act on the date prescribed therefore, a penalty in the 29 amount of $25 for each individual report shall be added to 30 the amount due the Department. This penalty shall be in 31 addition to any other penalty determined under this Act. 32 (Source: P.A. 86-208.) 33 (225 ILCS 735/13) (from Ch. 111, par. 713) HB1006 Enrolled -8- LRB9203208LDpr 1 Sec. 13. License revocation. 2 (a) The Department may revoke the license of any person 3 who violates the provisions of this Act, and may refuse to 4 issue any permit or license to such person for a period not 5 to exceed 5 years following such revocation. 6 License revocation procedures shall be established by 7 administrative rule. 8 (b) Whenever the holder of a license issued under this 9 Act is found guilty of any misrepresentation in obtaining his 10 or her license or of a violation of any of the provisions of 11 this Act or rules adopted pursuant to this Act, the 12 Department may: 13 (1) revoke his or her license; 14 (2) refuse to issue a license to that person; and 15 (3) suspend the person from engaging in the 16 activity requiring the license for up to 5 years 17 following the revocation. 18 (c) Whenever the holder of a license issued under this 19 Act is found guilty of any misrepresentation in obtaining his 20 or her license or of a violation of any of the provisions of 21 this Act or rules adopted pursuant to this Act, and his or 22 her license has been previously revoked or his or her ability 23 to engage in the activity requiring the license has been 24 previously suspended, the Department may: 25 (1) revoke his or her license; 26 (2) refuse to issue any license to that person; and 27 (3) suspend the person from engaging in the 28 activity requiring the license for at least 5 years but 29 not more than 10 years following the revocation or 30 suspension. 31 (d) Whenever the holder of a license issued under this 32 Act is found guilty of any misrepresentation in obtaining 33 that license or of a violation of any of the provisions of 34 this Act or rules adopted under this Act, and his or her HB1006 Enrolled -9- LRB9203208LDpr 1 license has been previously revoked or his or her ability to 2 engage in the activity requiring the license has been 3 suspended on 2 or more occasions, the Department may: 4 (1) revoke his or her license; 5 (2) refuse to issue any license to that person; and 6 (3) suspend the person from engaging in the 7 activity requiring the license for at least 10 years but 8 not more than 75 years following the revocation or 9 suspension. Department revocation procedures shall be 10 established by administrative rule. 11 If the holder of a license is found negligent with 12 respect to any duty required under this Act, the Department 13 may suspend or revoke his or her privilege to engage in the 14 activity for which the license is required, his or her 15 license, or both. 16 (e) Whenever a person who has not been issued a license 17 under this Act is found guilty of a violation of the 18 provisions of this Act or rules adopted under this Act, the 19 Department may: 20 (1) refuse to issue any license to that person; and 21 (2) suspend that person from engaging in the 22 activity requiring the license for up to 5 years 23 following the revocation. 24 (f) Whenever a person who has not been issued a license 25 under this Act is found guilty of a violation of this Act or 26 rules adopted under this Act and his or her license has been 27 previously revoked or his or her ability to engage in the 28 activity requiring the license has been previously suspended, 29 the Department may: 30 (1) refuse to issue any license to that person; and 31 (2) suspend that person from engaging in the 32 activity requiring the license for at least 5 years but 33 not more than 10 years following the revocation or 34 suspension. HB1006 Enrolled -10- LRB9203208LDpr 1 (g) Whenever a person who has not been issued a license 2 under this Act is found guilty of a violation of this Act or 3 rules adopted under this Act and his or her license has been 4 previously revoked or his or her ability to engage in the 5 activity requiring the license has been suspended on 2 or 6 more occasions, the Department may: 7 (1) refuse to issue any license to that person; and 8 (2) suspend that person from engaging in the 9 activity requiring the license for at least 10 years but 10 not more than 75 years following the revocation or 11 suspension. 12 (h) Licenses authorized under this Act shall be prepared 13 by the Department and be in such form as prescribed by the 14 Department. The information required on each license shall 15 be completed thereon by the issuing agent at the time of 16 issuance and each license shall be signed by the licensee. 17 All such licenses shall be supplied by the Department, 18 subject to such rules as the Department may prescribe. Any 19 license that is not properly prepared, obtained, and signed 20 as required by this Act shall be void. 21 (i) Any person whose license to engage in an activity 22 regulated by this Act has been revoked or whose ability to 23 engage in the activity requiring the license has been 24 suspended may not, during the period of suspension or 25 revocation: 26 (1) hold any license authorized by this Act; 27 (2) perform directly or indirectly any privileges 28 authorized by any license issued in accordance with this 29 Act; or 30 (3) buy, sell, barter, trade, or take possession of 31 any timber as defined in this Act, regardless of any 32 contractual agreements entered into prior to the 33 revocation or suspension. 34 (j) No person may be issued a license or engage in any HB1006 Enrolled -11- LRB9203208LDpr 1 activity regulated by this Act for which a license is 2 required during the time that the person's privilege to 3 engage in the same or similar activities is suspended or 4 revoked by another state, by a federal agency, or by a 5 province of Canada. 6 Any person who knowingly or intentionally violates any of 7 the provisions of this Act, or administrative rules 8 thereunder, when his or her licenseor permithas been 9 revoked or denied or his or her ability to engage in the 10 activity requiring the license has been suspended under this 11 Section, is guilty of a Class 4 felony. 12 (Source: P.A. 85-287.) 13 Section 10. The Forest Products Transportation Act is 14 amended by changing Sections 2.06, 6, and 10 and adding 15 Section 14 as follows: 16 (225 ILCS 740/2.06) (from Ch. 96 1/2, par. 6908) 17 Sec. 2.06. "Proof of ownership" means a printed document 18 provided by the Department that serves as a written bill of 19 sale and bill of lading. The information required in this 20 document shall be established by administrative rule. 21includes a written bill of sale, a written bill of lading or22a written or printed document containing the minimum23information required by the Department by rule.24 (Source: P.A. 86-208.) 25 (225 ILCS 740/6) (from Ch. 96 1/2, par. 6913) 26 Sec. 6. Any person hauling or transporting 2 or more 27 trees and forest products, or either of them, on any highway 28 in this State shall be required to show proof of ownership as 29 defined in Section 2.06 of this Act, except that interstate 30 transporters originating outside of this State and traveling 31 to destinations within or outside of this State may show HB1006 Enrolled -12- LRB9203208LDpr 1 documents in accordance with federal Motor Carrier Safety 2 Administration rules in lieu of such proof of ownership. 3 If that person is unable to show proof of ownership, the 4 timber and forest products so hauled or transported, and the 5 vehicle or conveyance used as the means of transportation may 6 be held by the Department for disposition subject to court 7 order. 8 (Source: P.A. 86-208.) 9 (225 ILCS 740/10) (from Ch. 96 1/2, par. 6917) 10 Sec. 10. The Department of Natural Resources may 11 promulgate such rules and regulations as may be necessary or 12 desirable to effectuate the purposes of this Act.The13Department may make available at a reasonable cost the14decals, logos and tags authorized to be used by licensed15timber growers under Section 8.16 (Source: P.A. 89-445, eff. 2-7-96.) 17 (225 ILCS 740/14 new) 18 Sec. 14. Any timber, forestry, or wood cutting device or 19 equipment, including vehicles and conveyances used or 20 operated in violation of this Act or rules adopted under this 21 Act or attempted to be used in violation of this Act or rules 22 adopted under this Act shall be deemed a public nuisance and 23 subject to seizure and confiscation by any authorized 24 employee of the Department. Upon the seizure of such an item 25 the Department shall take and hold the item until disposed of 26 as provided in this Section. 27 Upon the seizure of any property pursuant to this 28 Section, the authorized employee of the Department making the 29 seizure shall forthwith cause a complaint to be filed before 30 the circuit court and a summons to be issued requiring the 31 person who illegally used or operated or attempted to use or 32 operate the property and the owner and person in possession HB1006 Enrolled -13- LRB9203208LDpr 1 of the property to appear in court and show cause why the 2 seized property should not be forfeited to the State. Upon 3 the return of the summons duly served or other notice as 4 provided in this Section, the court shall proceed to 5 determine the question of the illegality of the use of the 6 seized property and upon judgment being entered to the effect 7 that the property was illegally used, an order may be entered 8 providing for the forfeiture of the seized property to the 9 Department, which shall thereupon become the property of the 10 Department. However, the owner of the property may have a 11 jury determine the illegality of its use and shall have the 12 right of an appeal as in other cases. Such a confiscation or 13 forfeiture shall not preclude or mitigate against prosecution 14 and assessment of penalties otherwise provided in this Act. 15 Upon seizure of any property under circumstances 16 supporting a reasonable belief that the property was 17 abandoned, lost, stolen, or otherwise illegally possessed or 18 used contrary to the provisions of this Act, except property 19 seized during a search or arrest and ultimately returned, 20 destroyed, or otherwise disposed of pursuant to a court order 21 in accordance with this Act, the authorized employee of the 22 Department shall make reasonable inquiry and efforts to 23 identify and notify the owner or other person entitled to 24 possession thereof and shall return the property after that 25 person provides reasonable and satisfactory proof of his or 26 her ownership or right to possession and reimburses the 27 Department for all reasonable expenses of such custody. If 28 the identity or location of the owner or other person 29 entitled to possession of the property has not been 30 ascertained within 6 months after the Department obtains 31 possession, the Department shall effectuate the sale of the 32 property for cash to the highest bidder at a public auction. 33 The owner or other person entitled to possession of the 34 property may claim and recover possession of the property at HB1006 Enrolled -14- LRB9203208LDpr 1 any time before its sale at public auction upon providing 2 reasonable and satisfactory proof of ownership or right of 3 possession and after reimbursing the Department for all 4 reasonable expenses of custody thereof. 5 Any property forfeited to the State by court order 6 pursuant to this Section may be disposed of by public 7 auction, except that any property that is the subject of such 8 a court order shall not be disposed of pending appeal of the 9 order. The proceeds of the sale at auction shall be 10 deposited in the Illinois Forestry Development Fund. 11 The Department shall pay all costs of notices required by 12 this Section. 13 (225 ILCS 740/4 rep.) 14 (225 ILCS 740/7 rep.) 15 (225 ILCS 740/8 rep.) 16 Section 15. The Forest Products Transportation Act is 17 amended by repealing Sections 4, 7, and 8. 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.