State of Illinois
92nd General Assembly
Legislation

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92_HB1006sam001











                                             LRB9203208LDtmam

 1                    AMENDMENT TO HOUSE BILL 1006

 2        AMENDMENT NO.     .  Amend House Bill 1006  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Timber Buyers Licensing Act is amended
 5    by changing Sections 4, 5, 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    shall  have on file with the Department, on a form prescribed
 9    and furnished by the Department, a  performance  surety  bond
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 a corporate surety bond an applicant for a  timber
18    buyers  license  may,  with  the  approval of the Department,
19    deposit with the Department as security a file a bond  signed
20    by  the  applicant  as principal and accompanied by a bank or
21    savings  and  loan  association  certificate  of  deposit  or
22    irrevocable  letter  of  credit  of  any  bank  organized  or
 
                            -2-              LRB9203208LDtmam
 1    transacting business in the United States in a form  approved
 2    by  the  Department,  showing  to  the  satisfaction  of  the
 3    Department  that  funds in an amount equal to or greater than
 4    the amount of the required bond are on deposit in a  bank  or
 5    savings  and  loan  association  to  be  held  by the bank or
 6    savings and loan association for the period  covered  by  the
 7    license.  Such  deposits shall be made, held, and disposed of
 8    as provided in this Act and by the  Department  by  rule.   A
 9    bond  or  certificate  of  deposit  The  funds  shall be made
10    payable  upon  demand  to  the  Director,  subject   to   the
11    provisions of this Act, and any rules adopted under this Act,
12    and  shall  be  for  the use and benefit of the people of the
13    State of Illinois, and for the use and benefit of any  timber
14    grower  from  whom  the applicant purchased timber and who is
15    not paid by the applicant or for the use and benefit  of  any
16    timber  grower  whose timber has been cut by the applicant or
17    licensee or his or her agents, and  who  has  not  been  paid
18    therefor; and for the use and benefit of any person aggrieved
19    by  the  actions of the timber buyer.  the Department may, in
20    its discretion, continue the existing bond of  any  applicant
21    who  has  previously  been  licensed  and  posted  a good and
22    sufficient bond.
23        Except as otherwise provided, in this Section, such  bond
24    shall be in the principal amount of $500 for an applicant who
25    paid  timber  growers  $5,000  or  less for timber during the
26    immediate preceding year, and an  additional  $100  for  each
27    additional  $1,000 or fraction thereof paid to timber growers
28    for timber purchased during the preceding year, but shall not
29    be more than  $10,000.  In  the  case  of  an  applicant  not
30    previously  engaged in business as a timber buyer, the amount
31    of such bond shall be based on the estimated dollar amount to
32    be paid by such timber buyer to  timber  growers  for  timber
33    purchased  during  the  next succeeding year, as set forth in
34    the application; such bond shall, in  no  event,  be  in  the
 
                            -3-              LRB9203208LDtmam
 1    principal  amount of less than $500.  In the case of a timber
 2    buyer whose bond has previously been forfeited in Illinois or
 3    in  any  other  state,  the  Department  shall   double   the
 4    applicable minimum bond amounts under this Section.
 5        A  bond  filed  in accordance with this Act Such bond, or
 6    surety thereon, shall not be cancelled or altered during  the
 7    period  for  which  the  timber buyer remains licensed by the
 8    Department license to the applicant was issued except upon at
 9    least 60 days notice in writing to  the  Department;  in  the
10    event  that  the  applicant  has  deposited  certificates  of
11    deposit  in  lieu  of  a  corporate surety the Department may
12    retain possession of  such  certificates  of  deposit  for  a
13    period  of  60 days following the expiration or revocation of
14    his or her license.
15        At any  such  time  as  a  licensee  fails  to  have  the
16    necessary   surety   bonds,   certificates   of  deposit,  or
17    irrevocable letters of credit or both  on  deposit  with  the
18    Department   as   required   herein,   the   Department   may
19    immediately,  and  without  notice,  suspend  the  privileges
20    revoke  the  license  of  such licensee. In the event of such
21    suspension revocation, the Department  shall  give  immediate
22    notice  of  the  same  to  the  licensee  and  shall  further
23    reinstate  such  license  upon  the  posting  of the required
24    surety bond,  or  certificates  of  deposit,  or  irrevocable
25    letters of credit.
26        Bonds  shall  be  in such form and contain such terms and
27    conditions as may be  approved  from  time  to  time  by  the
28    Director,  be  conditioned  to  secure  an honest cutting and
29    accounting for  timber  purchased  by  the  licensee,  secure
30    payment  to  the  timber  growers  and  to  insure the timber
31    growers against all fraudulent acts of the  licensee  in  the
32    purchase and cutting of the timber of this State.
33        In the event the timber buyer fails to pay when owing due
34    any amount due a timber grower for timber purchased, or fails
 
                            -4-              LRB9203208LDtmam
 1    to  pay  judicially  determined damages for timber wrongfully
 2    cut by a timber buyer or his  agent,  whether  such  wrongful
 3    cutting has occurred on or adjacent to the land which was the
 4    subject  of  timber purchase from a timber grower, or commits
 5    any violation of this Act, then an  action  on  the  bond  or
 6    deposit  for forfeiture may be commenced.  Such action is not
 7    exclusive and is in addition to any other  judicial  remedies
 8    available.
 9        In  the  event  that the timber grower or owner of timber
10    cut considers himself or herself aggrieved by a timber buyer,
11    he or she shall notify the  Department  in  writing  of  such
12    grievance  and thereafter the Department shall within 10 days
13    give written notice  to  the  timber  buyer  of  the  alleged
14    violation  of  this  Act or of any violation or noncompliance
15    with the regulations hereunder of which the timber grower  or
16    owner  of  timber complains. The written notice to the timber
17    buyer shall be from the Department by registered or certified
18    mail to the licensee and  his  or  her  sureties  stating  in
19    general  terms the nature of the violation and that an action
20    seeking forfeiture of the bond may be commenced at  any  time
21    after  the 10 days from the date of said notice if at the end
22    of that period the violation still remains. In the event  the
23    Department  shall  fail to give notice to the timber buyer as
24    provided herein, the timber grower or owner of timber cut may
25    commence  his  or  her  own  action  for  forfeiture  of  the
26    licensee's bond.
27        The  timber  buyer,  after  receiving  notice  from   the
28    Department  as  provided  herein, may within 10 days from the
29    date of such notice, request in  writing  to  appear  and  be
30    heard regarding the alleged violation.
31        Upon  such  request from the timber buyer, the Department
32    shall schedule a hearing,  designating  the  time  and  place
33    thereof.  At  such  hearing  the timber buyer may present for
34    consideration of the  Department  any  evidence,  statements,
 
                            -5-              LRB9203208LDtmam
 1    documents  or  other  information  relevant  to  the  alleged
 2    violation. The hearing shall be presided over by the Director
 3    or  by  any  hearing  officer  he  or  she may designate. The
 4    hearing officer shall take evidence  offered  by  the  timber
 5    buyer  or  the  Department  and  shall,  if  requested by the
 6    Department, submit his or her conclusions and findings  which
 7    shall  be advisory to the Director. Any hearings provided for
 8    in this Section shall be commenced within 30  days  from  the
 9    request therefor.
10        Should the timber buyer fail to make timely request for a
11    hearing  after  receipt  of the notice from the Department as
12    provided  herein,  or  after  a  hearing  is  concluded,  the
13    Department may either withdraw the  notice  of  violation  or
14    request the Attorney General to institute proceedings to have
15    the bond of the timber buyer forfeited. The Attorney General,
16    upon  such  request  from  the  Department,  shall  institute
17    proceedings  to  have  the bond of the timber buyer forfeited
18    for violation of any of the provisions of  this  Act  or  for
19    noncompliance with any Department regulation.
20        In  the  event that the licensee's bond is forfeited, the
21    proceeds  thereof  shall  first  be  applied  to   any   sums
22    determined to be owed to the timber grower or owner of timber
23    cut and then to the Department to defray expenses incurred by
24    the   Department  in  converting  the  security  into  money.
25    Thereafter, the Department  shall  pay  such  excess  to  the
26    timber buyer who furnished such security.
27        In the event the Department realizes less than the amount
28    of  liability  from  the  security,  after deducting expenses
29    incurred by the Department in converting  the  security  into
30    money,  it  shall be grounds for the revocation of the timber
31    buyer's license.
32    (Source: P.A. 83-1362.)

33        (225 ILCS 735/5) (from Ch. 111, par. 705)
 
                            -6-              LRB9203208LDtmam
 1        Sec. 5.  Violations of Act. It shall be  unlawful  and  a
 2    violation of this Act:
 3        (a)  For any timber buyer to knowingly and willfully fail
 4    to pay, as agreed, for any timber purchased,
 5        (b)  For  any  timber  buyer to negligently knowingly and
 6    willfully cut or cause to be cut or  appropriate  any  timber
 7    without the consent of the timber grower,
 8        (c)  For  a  timber  buyer  to  willfully  make any false
 9    statement in connection with the application, bond  or  other
10    information  required  to  be  given  to  the Department or a
11    timber grower,
12        (d)  To fail to honestly account to the timber grower  or
13    the  Department  for  timber purchased or cut if the buyer is
14    under a duty to do so,
15        (e)  For a timber buyer to commit any fraudulent  act  in
16    connection with the purchase or cutting of timber,
17        (f)  For a timber buyer or land owner or operator to fail
18    to  file the report or pay the fees required in Section 9a of
19    this Act, and
20        (g)  For any person to resist or  obstruct  any  officer,
21    employee  or  agent of the Department in the discharge of his
22    duties under the provisions hereof.
23    (Source: P.A. 86-208.)

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  may  shall  issue  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.
 
                            -7-              LRB9203208LDtmam
 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 indentification 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
 
                            -8-              LRB9203208LDtmam
 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)
 
                            -9-              LRB9203208LDtmam
 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
 
                            -10-             LRB9203208LDtmam
 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.
 
                            -11-             LRB9203208LDtmam
 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
 
                            -12-             LRB9203208LDtmam
 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  license  or  permit  has  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.
21    includes  a written bill of sale, a written bill of lading or
22    a  written  or  printed  document  containing   the   minimum
23    information 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
 
                            -13-             LRB9203208LDtmam
 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.   The
13    Department  may  make  available  at  a  reasonable  cost the
14    decals, logos and tags authorized  to  be  used  by  licensed
15    timber 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
 
                            -14-             LRB9203208LDtmam
 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
 
                            -15-             LRB9203208LDtmam
 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.".

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