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Public Act 92-0805
HB1006 Enrolled LRB9203208LDpr
AN ACT in relation to timber.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Timber Buyers Licensing Act is amended by
changing Sections 4, 7, 11, and 13 as follows:
(225 ILCS 735/4) (from Ch. 111, par. 704)
Sec. 4. Bond. Every person licensed as a timber buyer
shall have on file with the Department, on a form prescribed
and furnished by the Department, a performance surety bond
payable to the State of Illinois by and through the
Department and conditioned on the faithful performance of and
compliance with all requirements of the license and this Act.
The bond shall be a surety bond signed by the person to be
licensed as principal and by a good and sufficient corporate
surety authorized to engage in the business of executing
surety bonds within the State of Illinois as surety thereon.
In lieu of a corporate surety bond an applicant for a timber
buyers license may, with the approval of the Department,
deposit with the Department as security a file a bond signed
by the applicant as principal and accompanied by a bank or
savings and loan association certificate of deposit or
irrevocable letter of credit of any bank organized or
transacting business in the United States in a form approved
by the Department, showing to the satisfaction of the
Department that funds in an amount equal to or greater than
the amount of the required bond are on deposit in a bank or
savings and loan association to be held by the bank or
savings and loan association for the period covered by the
license. Such deposits shall be made, held, and disposed of
as provided in this Act and by the Department by rule. A
bond or certificate of deposit The funds shall be made
payable upon demand to the Director, subject to the
provisions of this Act, and any rules adopted under this Act,
and shall be for the use and benefit of the people of the
State of Illinois, and for the use and benefit of any timber
grower from whom the applicant purchased timber and who is
not paid by the applicant or for the use and benefit of any
timber grower whose timber has been cut by the applicant or
licensee or his or her agents, and who has not been paid
therefor; and for the use and benefit of any person aggrieved
by the actions of the timber buyer. the Department may, in
its discretion, continue the existing bond of any applicant
who has previously been licensed and posted a good and
sufficient bond.
Except as otherwise provided, in this Section, such bond
shall be in the principal amount of $500 for an applicant who
paid timber growers $5,000 or less for timber during the
immediate preceding year, and an additional $100 for each
additional $1,000 or fraction thereof paid to timber growers
for timber purchased during the preceding year, but shall not
be more than $10,000. In the case of an applicant not
previously engaged in business as a timber buyer, the amount
of such bond shall be based on the estimated dollar amount to
be paid by such timber buyer to timber growers for timber
purchased during the next succeeding year, as set forth in
the application; such bond shall, in no event, be in the
principal amount of less than $500. In the case of a timber
buyer whose bond has previously been forfeited in Illinois or
in any other state, the Department shall double the
applicable minimum bond amounts under this Section.
A bond filed in accordance with this Act Such bond, or
surety thereon, shall not be cancelled or altered during the
period for which the timber buyer remains licensed by the
Department license to the applicant was issued except upon at
least 60 days notice in writing to the Department; in the
event that the applicant has deposited certificates of
deposit in lieu of a corporate surety the Department may
retain possession of such certificates of deposit for a
period of 60 days following the expiration or revocation of
his or her license.
At any such time as a licensee fails to have the
necessary surety bonds, certificates of deposit, or
irrevocable letters of credit or both on deposit with the
Department as required herein, the Department may
immediately, and without notice, suspend the privileges
revoke the license of such licensee. In the event of such
suspension revocation, the Department shall give immediate
notice of the same to the licensee and shall further
reinstate such license upon the posting of the required
surety bond, or certificates of deposit, or irrevocable
letters of credit.
Bonds shall be in such form and contain such terms and
conditions as may be approved from time to time by the
Director, be conditioned to secure an honest cutting and
accounting for timber purchased by the licensee, secure
payment to the timber growers and to insure the timber
growers against all fraudulent acts of the licensee in the
purchase and cutting of the timber of this State.
In the event the timber buyer fails to pay when owing due
any amount due a timber grower for timber purchased, or fails
to pay judicially determined damages for timber wrongfully
cut by a timber buyer or his agent, whether such wrongful
cutting has occurred on or adjacent to the land which was the
subject of timber purchase from a timber grower, or commits
any violation of this Act, then an action on the bond or
deposit for forfeiture may be commenced. Such action is not
exclusive and is in addition to any other judicial remedies
available.
In the event that the timber grower or owner of timber
cut considers himself or herself aggrieved by a timber buyer,
he or she shall notify the Department in writing of such
grievance and thereafter the Department shall within 10 days
give written notice to the timber buyer of the alleged
violation of this Act or of any violation or noncompliance
with the regulations hereunder of which the timber grower or
owner of timber complains. The written notice to the timber
buyer shall be from the Department by registered or certified
mail to the licensee and his or her sureties stating in
general terms the nature of the violation and that an action
seeking forfeiture of the bond may be commenced at any time
after the 10 days from the date of said notice if at the end
of that period the violation still remains. In the event the
Department shall fail to give notice to the timber buyer as
provided herein, the timber grower or owner of timber cut may
commence his or her own action for forfeiture of the
licensee's bond.
The timber buyer, after receiving notice from the
Department as provided herein, may within 10 days from the
date of such notice, request in writing to appear and be
heard regarding the alleged violation.
Upon such request from the timber buyer, the Department
shall schedule a hearing, designating the time and place
thereof. At such hearing the timber buyer may present for
consideration of the Department any evidence, statements,
documents or other information relevant to the alleged
violation. The hearing shall be presided over by the Director
or by any hearing officer he or she may designate. The
hearing officer shall take evidence offered by the timber
buyer or the Department and shall, if requested by the
Department, submit his or her conclusions and findings which
shall be advisory to the Director. Any hearings provided for
in this Section shall be commenced within 30 days from the
request therefor.
Should the timber buyer fail to make timely request for a
hearing after receipt of the notice from the Department as
provided herein, or after a hearing is concluded, the
Department may either withdraw the notice of violation or
request the Attorney General to institute proceedings to have
the bond of the timber buyer forfeited. The Attorney General,
upon such request from the Department, shall institute
proceedings to have the bond of the timber buyer forfeited
for violation of any of the provisions of this Act or for
noncompliance with any Department regulation.
In the event that the licensee's bond is forfeited, the
proceeds thereof shall first be applied to any sums
determined to be owed to the timber grower or owner of timber
cut and then to the Department to defray expenses incurred by
the Department in converting the security into money.
Thereafter, the Department shall pay such excess to the
timber buyer who furnished such security.
In the event the Department realizes less than the amount
of liability from the security, after deducting expenses
incurred by the Department in converting the security into
money, it shall be grounds for the revocation of the timber
buyer's license.
(Source: P.A. 83-1362.)
(225 ILCS 735/7) (from Ch. 111, par. 707)
Sec. 7. License; issuance, validity, and renewal;
certificate. If the Department is satisfied that the
applicant has fulfilled the requirements and if the bond and
sureties or bank certificate of deposit filed by the
applicant is approved, the Department may shall issue a
license to the applicant. The licenses issued shall be valid
for a calendar year and may be renewed annually. A copy of
the license certificate issued by the Department shall be
posted in the principal office of the licensee in this State.
The timber buyer identification card issued by the Department
shall be carried upon the person of the timber buyer when
conducting activities covered under this Act for immediate
presentation for inspection to the officers and authorized
employees of the Department, any sheriff, deputy sheriff, or
any other peace officer making demand for it. No person
charged with violating this Section, however, shall be
convicted if he or she produces in court satisfactory
evidence that a timber buyer identification card that was
valid at the time of the offense had been issued to the
timber buyer.
Upon request for a license and payment of the fee, the
Department shall issue to the licensee a certificate that a
license has been granted and a bond filed as required by this
Act.
(Source: P.A. 76-1307.)
(225 ILCS 735/11) (from Ch. 111, par. 711)
Sec. 11. Penalties.
(a) Except as otherwise provided in this Section any
person in violation of any of the provisions of this Act, or
administrative rules thereunder, shall be guilty of a Class A
misdemeanor.
(a-5) Any person convicted of violating Section 3 of this
Act shall be guilty of a Class A misdemeanor and fined at
least $500 for a first offense and guilty of a Class 4 felony
and fined at least $1,000 for a second or subsequent offense.
(b) Any person convicted of violating subsections (a) or
(b) of Section 5 of this Act is guilty of a Class 4 felony if
the aggregate value of the timber purchased, cut, caused to
be cut or appropriated is over $300 but not more than $2,500.
(b-5) Any person convicted of violating subsection (a)
or (b) of Section 5 of this Act is guilty of a Class 3 felony
if the aggregate value of the timber purchased, cut, caused
to be cut, or appropriated is over $2,500 but not more than
$10,000.
(b-10) Any person convicted of violating subsection (a)
or (b) of Section 5 of this Act is guilty of a Class 2 felony
if the aggregate value of the timber purchased, cut, caused
to be cut, or appropriated is over $10,000.
(b-15) The aggregate value of the timber purchased, cut,
caused to be cut, or appropriated shall be determined as
provided by administrative rule.
(c) A person convicted of violating subsection (f) of
Section 5 of this Act is guilty of a Class A misdemeanor. A
person convicted of a second or subsequent violation is
guilty of a Class 4 felony.
(d) All amounts collected as fines imposed as penalties
for violation of this Act shall be deposited in the Illinois
Forestry Development Fund for the purposes of the "Illinois
Forestry Development Act".
(e) In case of a failure to pay any harvest fee required
under Section 9a of this Act on the date as required by
regulation of the Department, there shall be added as a
penalty an amount equal to 7.5% of the harvest fee due the
Department for each month or fraction thereof during which
such failure continues, not to exceed 37.5% in the aggregate.
This penalty shall be in addition to any other penalty
determined under this Act.
(f) In case of failure to file the appropriate report of
the purchase harvest fee form stipulated under Section 9a of
this Act on the date prescribed therefore, a penalty in the
amount of $25 for each individual report shall be added to
the amount due the Department. This penalty shall be in
addition to any other penalty determined under this Act.
(Source: P.A. 86-208.)
(225 ILCS 735/13) (from Ch. 111, par. 713)
Sec. 13. License revocation.
(a) The Department may revoke the license of any person
who violates the provisions of this Act, and may refuse to
issue any permit or license to such person for a period not
to exceed 5 years following such revocation.
License revocation procedures shall be established by
administrative rule.
(b) Whenever the holder of a license issued under this
Act is found guilty of any misrepresentation in obtaining his
or her license or of a violation of any of the provisions of
this Act or rules adopted pursuant to this Act, the
Department may:
(1) revoke his or her license;
(2) refuse to issue a license to that person; and
(3) suspend the person from engaging in the
activity requiring the license for up to 5 years
following the revocation.
(c) Whenever the holder of a license issued under this
Act is found guilty of any misrepresentation in obtaining his
or her license or of a violation of any of the provisions of
this Act or rules adopted pursuant to this Act, and his or
her license has been previously revoked or his or her ability
to engage in the activity requiring the license has been
previously suspended, the Department may:
(1) revoke his or her license;
(2) refuse to issue any license to that person; and
(3) suspend the person from engaging in the
activity requiring the license for at least 5 years but
not more than 10 years following the revocation or
suspension.
(d) Whenever the holder of a license issued under this
Act is found guilty of any misrepresentation in obtaining
that license or of a violation of any of the provisions of
this Act or rules adopted under this Act, and his or her
license has been previously revoked or his or her ability to
engage in the activity requiring the license has been
suspended on 2 or more occasions, the Department may:
(1) revoke his or her license;
(2) refuse to issue any license to that person; and
(3) suspend the person from engaging in the
activity requiring the license for at least 10 years but
not more than 75 years following the revocation or
suspension. Department revocation procedures shall be
established by administrative rule.
If the holder of a license is found negligent with
respect to any duty required under this Act, the Department
may suspend or revoke his or her privilege to engage in the
activity for which the license is required, his or her
license, or both.
(e) Whenever a person who has not been issued a license
under this Act is found guilty of a violation of the
provisions of this Act or rules adopted under this Act, the
Department may:
(1) refuse to issue any license to that person; and
(2) suspend that person from engaging in the
activity requiring the license for up to 5 years
following the revocation.
(f) Whenever a person who has not been issued a license
under this Act is found guilty of a violation of this Act or
rules adopted under this Act and his or her license has been
previously revoked or his or her ability to engage in the
activity requiring the license has been previously suspended,
the Department may:
(1) refuse to issue any license to that person; and
(2) suspend that person from engaging in the
activity requiring the license for at least 5 years but
not more than 10 years following the revocation or
suspension.
(g) Whenever a person who has not been issued a license
under this Act is found guilty of a violation of this Act or
rules adopted under this Act and his or her license has been
previously revoked or his or her ability to engage in the
activity requiring the license has been suspended on 2 or
more occasions, the Department may:
(1) refuse to issue any license to that person; and
(2) suspend that person from engaging in the
activity requiring the license for at least 10 years but
not more than 75 years following the revocation or
suspension.
(h) Licenses authorized under this Act shall be prepared
by the Department and be in such form as prescribed by the
Department. The information required on each license shall
be completed thereon by the issuing agent at the time of
issuance and each license shall be signed by the licensee.
All such licenses shall be supplied by the Department,
subject to such rules as the Department may prescribe. Any
license that is not properly prepared, obtained, and signed
as required by this Act shall be void.
(i) Any person whose license to engage in an activity
regulated by this Act has been revoked or whose ability to
engage in the activity requiring the license has been
suspended may not, during the period of suspension or
revocation:
(1) hold any license authorized by this Act;
(2) perform directly or indirectly any privileges
authorized by any license issued in accordance with this
Act; or
(3) buy, sell, barter, trade, or take possession of
any timber as defined in this Act, regardless of any
contractual agreements entered into prior to the
revocation or suspension.
(j) No person may be issued a license or engage in any
activity regulated by this Act for which a license is
required during the time that the person's privilege to
engage in the same or similar activities is suspended or
revoked by another state, by a federal agency, or by a
province of Canada.
Any person who knowingly or intentionally violates any of
the provisions of this Act, or administrative rules
thereunder, when his or her license or permit has been
revoked or denied or his or her ability to engage in the
activity requiring the license has been suspended under this
Section, is guilty of a Class 4 felony.
(Source: P.A. 85-287.)
Section 10. The Forest Products Transportation Act is
amended by changing Sections 2.06, 6, and 10 and adding
Section 14 as follows:
(225 ILCS 740/2.06) (from Ch. 96 1/2, par. 6908)
Sec. 2.06. "Proof of ownership" means a printed document
provided by the Department that serves as a written bill of
sale and bill of lading. The information required in this
document shall be established by administrative rule.
includes a written bill of sale, a written bill of lading or
a written or printed document containing the minimum
information required by the Department by rule.
(Source: P.A. 86-208.)
(225 ILCS 740/6) (from Ch. 96 1/2, par. 6913)
Sec. 6. Any person hauling or transporting 2 or more
trees and forest products, or either of them, on any highway
in this State shall be required to show proof of ownership as
defined in Section 2.06 of this Act, except that interstate
transporters originating outside of this State and traveling
to destinations within or outside of this State may show
documents in accordance with federal Motor Carrier Safety
Administration rules in lieu of such proof of ownership.
If that person is unable to show proof of ownership, the
timber and forest products so hauled or transported, and the
vehicle or conveyance used as the means of transportation may
be held by the Department for disposition subject to court
order.
(Source: P.A. 86-208.)
(225 ILCS 740/10) (from Ch. 96 1/2, par. 6917)
Sec. 10. The Department of Natural Resources may
promulgate such rules and regulations as may be necessary or
desirable to effectuate the purposes of this Act. The
Department may make available at a reasonable cost the
decals, logos and tags authorized to be used by licensed
timber growers under Section 8.
(Source: P.A. 89-445, eff. 2-7-96.)
(225 ILCS 740/14 new)
Sec. 14. Any timber, forestry, or wood cutting device or
equipment, including vehicles and conveyances used or
operated in violation of this Act or rules adopted under this
Act or attempted to be used in violation of this Act or rules
adopted under this Act shall be deemed a public nuisance and
subject to seizure and confiscation by any authorized
employee of the Department. Upon the seizure of such an item
the Department shall take and hold the item until disposed of
as provided in this Section.
Upon the seizure of any property pursuant to this
Section, the authorized employee of the Department making the
seizure shall forthwith cause a complaint to be filed before
the circuit court and a summons to be issued requiring the
person who illegally used or operated or attempted to use or
operate the property and the owner and person in possession
of the property to appear in court and show cause why the
seized property should not be forfeited to the State. Upon
the return of the summons duly served or other notice as
provided in this Section, the court shall proceed to
determine the question of the illegality of the use of the
seized property and upon judgment being entered to the effect
that the property was illegally used, an order may be entered
providing for the forfeiture of the seized property to the
Department, which shall thereupon become the property of the
Department. However, the owner of the property may have a
jury determine the illegality of its use and shall have the
right of an appeal as in other cases. Such a confiscation or
forfeiture shall not preclude or mitigate against prosecution
and assessment of penalties otherwise provided in this Act.
Upon seizure of any property under circumstances
supporting a reasonable belief that the property was
abandoned, lost, stolen, or otherwise illegally possessed or
used contrary to the provisions of this Act, except property
seized during a search or arrest and ultimately returned,
destroyed, or otherwise disposed of pursuant to a court order
in accordance with this Act, the authorized employee of the
Department shall make reasonable inquiry and efforts to
identify and notify the owner or other person entitled to
possession thereof and shall return the property after that
person provides reasonable and satisfactory proof of his or
her ownership or right to possession and reimburses the
Department for all reasonable expenses of such custody. If
the identity or location of the owner or other person
entitled to possession of the property has not been
ascertained within 6 months after the Department obtains
possession, the Department shall effectuate the sale of the
property for cash to the highest bidder at a public auction.
The owner or other person entitled to possession of the
property may claim and recover possession of the property at
any time before its sale at public auction upon providing
reasonable and satisfactory proof of ownership or right of
possession and after reimbursing the Department for all
reasonable expenses of custody thereof.
Any property forfeited to the State by court order
pursuant to this Section may be disposed of by public
auction, except that any property that is the subject of such
a court order shall not be disposed of pending appeal of the
order. The proceeds of the sale at auction shall be
deposited in the Illinois Forestry Development Fund.
The Department shall pay all costs of notices required by
this Section.
(225 ILCS 740/4 rep.)
(225 ILCS 740/7 rep.)
(225 ILCS 740/8 rep.)
Section 15. The Forest Products Transportation Act is
amended by repealing Sections 4, 7, and 8.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly June 02, 2002.
Approved August 21, 2002.
Effective August 21, 2002.
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