SB1075sam001 102ND GENERAL ASSEMBLY

Sen. Laura M. Murphy

Filed: 4/6/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1075

2    AMENDMENT NO. ______. Amend Senate Bill 1075 by replacing
3everything after the enacting clause with the following:
 
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);

 

 

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1        (7) Section 28-5 of the Criminal Code of 2012
2    (gambling);
3        (8) Article 29B of the Criminal Code of 2012 (money
4    laundering);
5        (9) Article 33G of the Criminal Code of 2012 (Illinois
6    Street Gang and Racketeer Influenced And Corrupt
7    Organizations Law);
8        (10) Article 36 of the Criminal Code of 2012 (seizure
9    and forfeiture of vessels, vehicles, and aircraft);
10        (11) Section 47-15 of the Criminal Code of 2012
11    (dumping garbage upon real property);
12        (12) Article 124B of the Code of Criminal Procedure of
13    1963 procedure (forfeiture);
14        (13) the Drug Asset Forfeiture Procedure Act;
15        (14) the Narcotics Profit Forfeiture Act;
16        (15) the Illinois Streetgang Terrorism Omnibus
17    Prevention Act; and
18        (16) the Illinois Securities Law of 1953; and .
19        (17) Section 16 of the Timber Buyers Licensing Act.
20(Source: P.A. 100-512, eff. 7-1-18; revised 9-9-19.)
 
21    Section 10. The Timber Buyers Licensing Act is amended by
22changing Sections 2, 3, 4, 5, 7, 8, 9, 9a, 11, 13, and 16 and
23by adding Section 9b as follows:
 
24    (225 ILCS 735/2)  (from Ch. 111, par. 702)

 

 

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1    Sec. 2. When used in this Act, unless the context
2otherwise requires, the term:
3    "Buying timber" means to buy, barter, cut on shares, or
4offer to buy, barter, cut on shares, or take possession of
5timber, with or without the consent of the timber grower.
6    "Department" means the Department of Natural Resources.
7    "Director" means the Director of Natural Resources.
8    "Landowner timber number" means a unique number issued by
9the Department to identify a forest area that may be harvested
10and the timber grower's information.
11    "Liability insurance" means insurance against the
12liability of the insured for the death, injury, or disability
13of an employee or other person, and insurance against the
14liability of the insured for damage to or destruction of
15another person's property.
16    "Payment receipt" means a copy, duplicate, or facsimile of
17an original receipt of payment for timber to a timber grower or
18duplicate of electronic or direct payment verification of
19funds received by a timber grower.
20    "Person" means any person, partnership, firm, association,
21business trust or corporation.
22    "Personal use" means use of timber or timber products by
23the timber grower other than for resale or other commercial
24use.
25    "Timber" means trees, standing or felled, and parts
26thereof which can be used for sawing or processing into lumber

 

 

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1for building or structural purposes or for the manufacture of
2any article. "Timber" does not include firewood, Christmas
3trees, fruit or ornamental trees or wood products not used or
4to be used for building, structural, manufacturing or
5processing purposes.
6    "Timber buyer" means any person licensed or unlicensed,
7who is engaged in the business of buying timber from the timber
8growers thereof for sawing into lumber, for processing or for
9resale, but excludes timber for personal use does not include
10any person who occasionally purchases timber for sawing or
11processing for his own use and not for resale.
12    "Buying timber" means to buy, barter, cut on shares, or
13offer to buy, barter, cut on shares, or take possession of
14timber, with or without the consent of the timber grower.
15    "Timber grower" means the owner, tenant or operator of
16land in this State who has an interest in, or is entitled to
17receive any part of the proceeds from the sale of timber grown
18in this State and includes persons exercising authority to
19sell timber.
20    "Department" means the Department of Natural Resources.
21    "Director" means the Director of Natural Resources.
22    "Employee" means any person in service or under contract
23for hire, expressed or implied, oral or written, who is
24engaged in any phase of the enterprise or business at any time
25during the license year.
26(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. Application for licensure. Every person before
3engaging in the business of timber buyer shall obtain a
4license for such purpose from the Department. Application for
5such license shall be filed with the Department and shall set
6forth the name of the applicant, its principal officers if the
7applicant is a corporation or the partners if the applicant is
8a partnership, the location of any principal office or place
9of business of the applicant, the counties in this State in
10which the applicant proposes to engage in the business of
11timber buyer and such additional information as the Department
12by regulation may require.
13    All timber buyers must possess a liability insurance
14policy in an appropriate amount pursuant to administrative
15rule prior to the issuance of a timber buyers license and must
16keep the policy in force at all times while the license is in
17effect.
18    The application shall set forth the aggregate dollar
19amount paid to timber growers for timber purchased in this
20State during the applicant's last completed 12-month period
21fiscal or calendar year. In the event the applicant has been
22engaged as a timber buyer for less than one year, his
23application shall set forth the dollar amount paid to timber
24growers for the number of completed months during which the
25applicant has been so engaged. If the applicant has not been

 

 

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1previously engaged in buying timber in this State, the
2application shall set forth the estimated aggregate dollar
3amount to be paid by the applicant to timber growers for timber
4to be purchased from them during the next succeeding 12 month
5period.
6(Source: P.A. 77-2796.)
 
7    (225 ILCS 735/4)  (from Ch. 111, par. 704)
8    Sec. 4. Bond.
9    (a) Every applicant for a timber buyers license shall
10submit, on a form provided by the Department, a surety bond or
11letter of credit in an amount as outlined in this Section or a
12letter of credit in the same amount for work performed in
13accordance with this Act and the rules adopted under this Act.
14The surety bond or letter of credit is to secure payment to the
15timber growers and to insure the timber grower against all
16fraudulent or negligent acts of the licensee for actions under
17this Act as well as for payment to the Department for any
18moneys due under this Act. Unless otherwise required under
19this Act, the surety bond or letter of credit is required to be
20valid for the calendar year of the buyers license plus 60 days.
21person licensed as a timber buyer shall file with the
22Department, on a form prescribed and furnished by the
23Department, a performance bond payable to the State of
24Illinois by and through the Department and conditioned on the
25faithful performance of and compliance with all requirements

 

 

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1of the license and this Act. The bond shall be a surety bond or
2letter of credit signed by the person to be licensed as
3principal and by a good and sufficient corporate surety
4authorized to engage in the business of executing surety bonds
5or letters of credit within the State of Illinois as surety
6thereon. In lieu of a surety bond an applicant for a timber
7buyers license may, with the approval of the Department,
8deposit with the Department as security a certificate of
9deposit or irrevocable letter of credit of any bank organized
10or transacting business in the United States in an amount
11equal to or greater than the amount of the required bond. Such
12deposits shall be made, held, and disposed of as provided in
13this Act and by the Department by rule. A bond or certificate
14of deposit shall be made payable upon demand to the Director,
15subject to the provisions of this Act, and any rules adopted
16under this Act, and shall be for the use and benefit of the
17people of the State of Illinois, for the use and benefit of any
18timber grower from whom the timber buyer applicant purchased
19timber and who is not paid by the timber buyer, applicant or
20for the use and benefit of any timber grower whose timber has
21been cut by the timber buyer applicant or licensee or his or
22her agents and who has not been paid therefor; and for the use
23and benefit of any person aggrieved by the actions of the
24timber buyer, including the Department.
25    (b) Except as otherwise provided, in this Section, such
26surety bond or letter of credit shall be 10% of the dollar

 

 

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1amount in the principal amount of $500 for an applicant who
2paid to timber growers for timber purchased during the
3preceding year, but shall at no time be less than $5,000 or
4exceed $150,000 or less for timber during the immediate
5preceding year, and an additional $100 for each additional
6$1,000 or fraction thereof paid to timber growers for timber
7purchased during the preceding year, but shall not be more
8than $10,000. In the case of an applicant not previously
9engaged in business as a timber buyer, the amount of such
10surety bond or letter of credit shall be 10% of based on the
11estimated dollar amount to be paid by such timber buyer to
12timber growers for timber purchased during the next succeeding
13year, as set forth in the application. The surety ; such bond or
14letter of credit shall, in no event, be in the principal amount
15of less than $5,000 or exceed $150,000 $500. In the case of a
16timber buyer whose surety bond or letter of credit has
17previously been forfeited in Illinois or in any other state,
18the Department shall double the applicable minimum bond
19amounts under this Section.
20    (c) A surety bond or letter of credit filed in accordance
21with this Act shall not be cancelled or altered during the
22period for which the timber buyer remains licensed by the
23Department except upon at least 60 days written notice in
24writing to the Department and then only upon written approval
25of the Department ; in the event that the applicant has
26deposited certificates of deposit in lieu of a corporate

 

 

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1surety the Department may retain possession of such
2certificates of deposit for a period of 60 days following the
3expiration or revocation of his or her license.
4    (d) At any such time as a licensee, without written
5approval of the Department, fails to have the necessary surety
6bond or letter of credit bonds, certificates of deposit, or
7irrevocable letters of credit on deposit with the Department
8in an amount equal or greater than 10% of a timber buyer's
9current total amount paid to timber growers as required by
10this Section, the Department shall notify the licensee by mail
11of the failure and the licensee shall have 30 days from the
12date that the notice is sent to bring the surety bond or letter
13of credit to the level required by this Act. If the licensee,
14after receiving notice, fails to bring the surety bond or
15letter of credit to the level required by this Act, the
16Department shall suspend the license of the licensee and shall
17not issue a new license to the licensee for a period of 2 years
18as required herein, the Department may immediately, and
19without notice, suspend the privileges of such licensee. In
20the event of such suspension, the Department shall give
21immediate notice of the same to the licensee and shall further
22reinstate such license upon the posting of the required surety
23bond, certificates of deposit, or irrevocable letters of
24credit.
25    (e) A surety bond or letter of credit that is posted after
26a license has been suspended for failure to maintain the

 

 

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1required level of surety bond or letter of credit pursuant to
2subsection (d) shall remain in effect for one year from the
3date of the posting of the bond or letter of credit. A failure
4to maintain a surety bond or letter of credit as required by
5this subsection shall result in the Department suspending any
6active license of the licensee, and the Department shall not
7issue a new license to the licensee for a period of 5 years
8from the date the Department is made aware of a violation of
9this subsection.
10    (f) The timber grower or owner of timber cut may commence
11his or her own action for forfeiture of the licensee's surety
12bond or letter of credit in the circuit court where the cutting
13occurred.
14    (g) The Department may commence an action for forfeiture
15of the licensee's surety bond in the circuit court of Sangamon
16County.
17    Bonds shall be in such form and contain such terms and
18conditions as may be approved from time to time by the
19Director, be conditioned to secure an honest cutting and
20accounting for timber purchased by the licensee, secure
21payment to the timber growers and to insure the timber growers
22against all fraudulent acts of the licensee in the purchase
23and cutting of the timber of this State.
24    In the event the timber buyer fails to pay when owing any
25amount due a timber grower for timber purchased, or fails to
26pay judicially determined damages for timber wrongfully cut by

 

 

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1a timber buyer or his agent, whether such wrongful cutting has
2occurred on or adjacent to the land which was the subject of
3timber purchase from a timber grower, or commits any violation
4of this Act, then an action on the bond or deposit for
5forfeiture may be commenced. Such action is not exclusive and
6is in addition to any other judicial remedies available.
7    In the event that the timber grower or owner of timber cut
8considers himself or herself aggrieved by a timber buyer, he
9or she shall notify the Department in writing of such
10grievance and thereafter the Department shall within 10 days
11give written notice to the timber buyer of the alleged
12violation of this Act or of any violation or noncompliance
13with the regulations hereunder of which the timber grower or
14owner of timber complains. The written notice to the timber
15buyer shall be from the Department by registered or certified
16mail to the licensee and his or her sureties stating in general
17terms the nature of the violation and that an action seeking
18forfeiture of the bond may be commenced at any time after the
1910 days from the date of said notice if at the end of that
20period the violation still remains. In the event the
21Department shall fail to give notice to the timber buyer as
22provided herein, the timber grower or owner of timber cut may
23commence his or her own action for forfeiture of the
24licensee's bond.
25    The timber buyer, after receiving notice from the
26Department as provided herein, may within 10 days from the

 

 

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

 

 

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1applied to any sums determined to be owed to the timber grower
2or owner of timber cut and then to any sums owed to the
3Department to defray expenses incurred by the Department in
4converting the security into money. Thereafter, the Department
5shall pay such excess to the timber buyer who furnished such
6security.
7    In the event the Department realizes less than the amount
8of liability from the security, after deducting expenses
9incurred by the Department in converting the security into
10money, it shall be grounds for the revocation of the timber
11buyer's license.
12    (i) If the surety bond or letter of credit does not cover
13the amount that is owed to the Department, the Department
14shall immediately suspend the licensee and shall not issue a
15new license to the licensee for a period of 5 years.
16(Source: P.A. 92-805, eff. 8-21-02.)
 
17    (225 ILCS 735/5)  (from Ch. 111, par. 705)
18    Sec. 5. Prohibited acts. It shall be unlawful and a
19violation of this Act:
20    (a) (blank); For any timber buyer to knowingly and
21willfully fail to pay, as agreed, for any timber purchased,
22    (b) for For any timber buyer to knowingly and willfully
23cut or cause to be cut or take appropriate any timber without
24the consent of the timber grower; ,
25    (c) for For a timber buyer to knowingly and willfully make

 

 

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1any false statement in connection with the application, surety
2bond or letter of credit, liability insurance, or other
3information required to be given to the Department ; or a
4timber grower,
5    (d) to knowingly and willfully providing false information
6to To fail to honestly account to the timber grower or the
7Department for timber purchased or cut; if the buyer is under a
8duty to do so,
9    (d-5) to knowingly and willfully buy timber from a timber
10grower not possessing a landowner timber number issued by the
11Department;
12    (e) (blank); For a timber buyer to commit any fraudulent
13act in connection with the purchase or cutting of timber,
14    (f) (blank): For a timber buyer or land owner or operator
15to fail to file the report or pay the fees required in Section
169a of this Act, and
17    (g) for For any person to resist or obstruct any officer,
18employee, or agent of the Department or any member of a law
19enforcement agency in the discharge of that person's his
20duties under the provisions of this Act; hereof.
21    (h) for any person to fail to maintain valid liability
22insurance in an amount required by this Act at any time during
23a period in which they hold a timber buyers license; and
24    (i) for any person to fail to allow inspection of required
25records by an authorized employee of the Department or by an
26authorized State or federal law enforcement officer during

 

 

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1reasonable business hours.
2(Source: P.A. 86-208.)
 
3    (225 ILCS 735/7)  (from Ch. 111, par. 707)
4    Sec. 7. License; issuance, validity, and renewal;
5certificate. All persons buying timber under this Act must
6possess a valid timber buyers license. Licenses authorized
7under this Act shall be prepared by the Department and be in a
8form as prescribed by the Department. The information required
9on each license shall be completed by the issuing agent at the
10time of issuance and each license shall be signed by the
11licensee. All licenses shall be supplied by the Department,
12subject to rules as the Department may prescribe. Any license
13that is not properly prepared, obtained, and signed as
14required by this Act shall be void.
15    If the Department is satisfied that the timber buyer
16applicant has fulfilled the requirements set forth in the
17timber buyer's application and if the bond and sureties or
18bank certificate of deposit filed by the applicant is
19approved, the Department may issue a license to the applicant.
20The licenses issued shall be valid for a calendar year and may
21be renewed annually. A copy of the license certificate issued
22by the Department shall be posted in the principal office of
23the licensee in this State. The timber buyer identification
24card issued by the Department shall be carried upon the person
25of the timber buyer when conducting activities covered under

 

 

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1this Act for immediate presentation for inspection to the
2officers and authorized employees of the Department, any
3sheriff, deputy sheriff, or any other peace officer making
4demand for it. No person charged with violating this Section,
5however, shall be convicted if 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.
9    Upon request for a license and payment of the fee, the
10Department shall issue to the timber buyer licensee a
11certificate that a license has been granted and a bond filed as
12required by this Act.
13(Source: P.A. 92-805, eff. 8-21-02.)
 
14    (225 ILCS 735/8)  (from Ch. 111, par. 708)
15    Sec. 8. Application. The application for a license for an
16Illinois resident or company to operate as an Illinois a
17timber buyer, or a renewal thereof, shall be accompanied by a
18filing fee of $230 $25. The application for a license for an
19out-of-state individual or company to operate as an Illinois
20timber buyer shall be accompanied by a filing fee of $480. The
21fee to be paid for a certificate that a license has been issued
22and security filed is $20 $5.
23    The fees required by this Section shall be deposited in
24the Illinois Forestry Development Fund for the purposes of the
25"Illinois Forestry Development Act".

 

 

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1(Source: P.A. 85-287.)
 
2    (225 ILCS 735/9)  (from Ch. 111, par. 709)
3    Sec. 9. Records. The Department may inspect the premises
4used by any timber buyer in the conduct of his or her business
5at any reasonable time and the books, accounts, records, and
6papers of every such timber buyer shall at all times during
7business hours be subject to inspection by the Department. Any
8person licensed as a timber buyer as defined in this Act, or
9any person who has purchased, bartered, or attempted to
10purchase or barter timber, or any person having possession or
11who has had possession of timber as defined in this Act shall
12prima facie be considered a timber buyer. A timber buyer shall
13retain the books, accounts, records, and papers used in the
14conduct of his or her business, or other documentation
15required under this Act, for a period of 7 3 years after any
16purchase of timber made by the timber buyer.
17(Source: P.A. 85-287.)
 
18    (225 ILCS 735/9a)  (from Ch. 111, par. 709a)
19    Sec. 9a. Reporting a harvest fee.
20    (a) When a timber buyer purchases timber in this State,
21the timber buyer and timber grower shall determine the amount
22to be paid for such timber, or the value of items to be
23bartered for such timber, and the timber buyer shall deduct
24from the payment to the timber grower an amount which equals 4%

 

 

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

 

 

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1the period. The value of such timber shall be determined
2pursuant to rule of the Department. Such rules shall include a
3voluntary arbitration program for use in situations in which a
4dispute arises as to the gross value of the timber.
5    (d) Every timber grower who utilizes timber produced on
6land he or she owns or operates for sawing into lumber, for
7processing, or for resale shall report periodically, as
8required by rule of the Department, the quantity of timber
9produced and utilized by the owner or operator during the
10reporting period.
11    (e) Subsections (c) and (d) shall not apply to a person who
12uses his or her own timber for sawing or processing for
13personal use and not for resale.
14    (f) It shall be a violation of this Act for a timber buyer
15to knowingly and willfully:
16        (1) fail to file the report with the Department as
17    required under subsection (a) or (c) of this Section; or
18        (2) fail to pay to the Department the timber grower's
19    fees required under subsection (b) or (d) of this Section.
20    (g) The fees required by this Section shall be deposited
21in the Illinois Forestry Development Fund, a special fund in
22the State Treasury, for the purposes of the "Illinois Forestry
23Development Act".
24(Source: P.A. 89-445, eff. 2-7-96.)
 
25    (225 ILCS 735/9b new)

 

 

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1    Sec. 9b. Landowner timber number. The Department, in order
2to monitor and conserve Illinois forests, shall require timber
3growers who own 5 acres or more of timberland in any county to
4obtain a landowner timber number, or similar unique identifier
5from the Department, associated with their timberland in that
6county before timber is cut for commercial purposes. Landowner
7timber numbers shall be issued to timber growers at no cost to
8timber growers. Issuance of landowner timber numbers may be
9accompanied by information and resources about forests,
10forestry, and timber harvesting.
11    Timber buyers shall enter the landowner timber number on
12each applicable reporting form when submitting the 4% fee.
13Landowner timber numbers shall be dated and expire after 2
14years, unless extended by the Department by rule.
 
15    (225 ILCS 735/11)  (from Ch. 111, par. 711)
16    Sec. 11. Penalties.
17    (a) Except as otherwise provided in this Act Section any
18person in violation of any of the provisions of this Act, or
19administrative rules thereunder, shall be guilty of a Class C
20A misdemeanor.
21    (a-5) Any person convicted of violating Section 3 of this
22Act shall be guilty of a Class A misdemeanor and fined at least
23$500 for a first offense and guilty of a Class 4 felony and
24fined at least $1,000 for a second or subsequent offense.
25    (a-10) Any person convicted of violating subsection (b) of

 

 

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1Section 5 of this Act is guilty of a Class A misdemeanor if the
2aggregate value of the timber cut, caused to be cut, or
3appropriated is equal to or less than $500.
4    (b) Any person convicted of violating subsection
5subsections (a) or (b) of Section 5 of this Act is guilty of a
6Class 4 felony if the aggregate value of the timber purchased,
7cut, caused to be cut or appropriated is over $500 $300 but not
8more than $2,500.
9    (b-5) Any person convicted of violating subsection (a) or
10(b) of Section 5 of this Act is guilty of a Class 3 felony if
11the aggregate value of the timber purchased, cut, caused to be
12cut, or appropriated is over $2,500 but not more than $10,000.
13    (b-10) Any person convicted of violating subsection (a) or
14(b) of Section 5 of this Act is guilty of a Class 2 felony if
15the aggregate value of the timber purchased, cut, caused to be
16cut, or appropriated is over $10,000.
17    (b-15) The aggregate value of the timber purchased, cut,
18caused to be cut, or appropriated shall be determined as
19provided by administrative rule.
20    (c) A person convicted of violating subsection (c) (f) of
21Section 5 of this Act is guilty of a Class A misdemeanor. A
22person convicted of a second or subsequent violation is guilty
23of a Class 4 felony.
24    (c-5) A person convicted of violating subsection (d) of
25Section 5 of this Act is guilty of a Class A misdemeanor.
26    (c-10) A person convicted of violating subsection (d-5) of

 

 

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

 

 

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1to be cut, or sold is equal to or less than $500.
2    (e-10) Any person convicted of violating subsection (a) or
3(c) of Section 9a of this Act is guilty of a Class 4 felony if
4the aggregate value of the timber cut, caused to be cut, or
5sold is over $500 but not more than $2,500.
6    (e-15) Any person convicted of violating subsection (a) or
7(c) of Section 9a of this Act is guilty of a Class 3 felony if
8the aggregate value of the timber cut, caused to be cut, or
9sold is over $2,500 but not more than $10,000.
10    (e-20) Any person convicted of violating subsection (a) or
11(c) of Section 9a of this Act is guilty of a Class 2 felony if
12the aggregate value of the timber cut, caused to be cut, or
13appropriated is over $10,000.
14    (f) A person convicted of violating subsection (b) or (d)
15of In case of failure to file the appropriate report of the
16purchase harvest fee form stipulated under Section 9a of this
17Act shall be guilty of a Class C misdemeanor and shall be
18assessed on the date prescribed therefore, a penalty in the
19amount of $25 for each individual report shall be added to the
20amount due the Department.
21    (g) All fines required by this Section This penalty shall
22be in addition to any other penalty authorized determined
23under this Act or the Unified Code of Corrections or imposed by
24the circuit court.
25(Source: P.A. 92-805, eff. 8-21-02.)
 

 

 

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1    (225 ILCS 735/13)  (from Ch. 111, par. 713)
2    Sec. 13. License revocation.
3    (a) Unless otherwise specified in this Act, the The
4Department may revoke the license of any person who violates
5the provisions of this Act or administrative rules, and may
6refuse to issue any permit or license to such person for a
7period not to exceed 5 years following such revocation.
8    License revocation or suspension or refusal to issue any
9permit or license under this Act procedures shall be
10established by administrative rule.
11    (b) Whenever the holder of a license issued under this Act
12is found guilty of any misrepresentation in obtaining his or
13her license or of a violation of any of the provisions of this
14Act or rules adopted pursuant to this Act, the Department may:
15        (1) revoke his or her license;
16        (2) refuse to issue a license to that person; and
17        (3) suspend the person from engaging in the activity
18    requiring the license for up to 5 years following the
19    revocation.
20    (c) Whenever the holder of a license issued under this Act
21is found guilty of any misrepresentation in obtaining his or
22her license or of a violation of any of the provisions of this
23Act or rules adopted pursuant to this Act, and his or her
24license has been previously revoked or his or her ability to
25engage in the activity requiring the license has been
26previously suspended, 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 5 years but not more
5    than 10 years following the revocation or suspension.
6    (d) Whenever the holder of a license issued under this Act
7is found guilty of any misrepresentation in obtaining that
8license or of a violation of any of the provisions of this Act
9or rules adopted under this Act, and his or her license has
10been previously revoked or his or her ability to engage in the
11activity requiring the license has been suspended on 2 or more
12occasions, the Department may:
13        (1) revoke his or her license;
14        (2) refuse to issue any license to that person; and
15        (3) suspend the person from engaging in the activity
16    requiring the license for at least 10 years but not more
17    than 20 75 years following the revocation or suspension.
18    Department revocation procedures shall be established by
19    administrative rule.
20    If the holder of a license is found negligent with respect
21to any duty required under this Act, the Department may
22suspend or revoke his or her privilege to engage in the
23activity for which the license is required, his or her
24license, or both.
25    (e) Whenever a person who has not been issued a license
26under this Act is found guilty of a violation of the provisions

 

 

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1of this Act or rules adopted under this Act, the Department
2may:
3        (1) refuse to issue any license to that person; and
4        (2) suspend that person from engaging in the activity
5    requiring the license for up to 5 years following the
6    revocation.
7    (f) Whenever a person who has not been issued a license
8under this Act is found guilty of a violation of this Act or
9rules adopted under this Act and his or her license has been
10previously revoked or his or her ability to engage in the
11activity requiring the license has been previously suspended,
12the Department may:
13        (1) refuse to issue any license to that person; and
14        (2) suspend that person from engaging in the activity
15    requiring the license for at least 5 years but not more
16    than 10 years following the revocation or suspension.
17    (g) Whenever a person who has not been issued a license
18under this Act is found guilty of a violation of this Act or
19rules adopted under this Act and his or her license has been
20previously revoked or his or her ability to engage in the
21activity requiring the license has been suspended on 2 or more
22occasions, the Department may:
23        (1) refuse to issue any license to that person; and
24        (2) suspend that person from engaging in the activity
25    requiring the license for at least 10 years but not more
26    than 20 75 years following the revocation or suspension.

 

 

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1    (h) (Blank). Licenses authorized under this Act shall be
2prepared by the Department and be in such form as prescribed by
3the Department. The information required on each license shall
4be completed thereon by the issuing agent at the time of
5issuance and each license shall be signed by the licensee. All
6such licenses shall be supplied by the Department, subject to
7such rules as the Department may prescribe. Any license that
8is not properly prepared, obtained, and signed as required by
9this Act shall be void.
10    (i) Any person whose license to engage in an activity
11regulated by this Act has been revoked or whose ability to
12engage in the activity requiring the license has been
13suspended may not, during the period of suspension or
14revocation:
15        (1) hold any license authorized by this Act;
16        (2) perform directly or indirectly any privileges
17    authorized by any license issued in accordance with this
18    Act; or
19        (3) buy, sell, barter, trade, or take possession of
20    any timber as defined in this Act, regardless of any
21    contractual agreements entered into prior to the
22    revocation or suspension.
23    (j) No person may be issued a license or engage in any
24activity regulated by this Act for which a license is required
25during the time that the person's privilege to engage in the
26same or similar activities is suspended or revoked by another

 

 

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1state, by a federal agency, or by a province of Canada.
2    Any person who knowingly or intentionally violates any of
3the provisions of this Act, or administrative rules
4thereunder, when his or her license has been revoked or denied
5or his or her ability to engage in the activity requiring the
6license has been suspended under this Section, is guilty of a
7Class 4 felony.
8(Source: P.A. 92-805, eff. 8-21-02.)
 
9    (225 ILCS 735/16)  (from Ch. 111, par. 716)
10    Sec. 16. Seizure. Any timber, forestry or wood cutting
11device or equipment, including vehicles and conveyances used
12or operated in violation of this Act, including administrative
13rules, or attempted to be used in violation of this Act or
14administrative rules shall be deemed a public nuisance and
15subject to the seizure and confiscation by any authorized
16employee of the Department; upon the seizure of such item the
17Department shall take and hold the same until disposed of as
18hereinafter provided.
19    Upon the seizure of any property as herein provided, the
20authorized employee of the Department making such seizure
21shall forthwith cause a complaint to be filed before the
22Circuit Court and a summons to be issued requiring the person
23who illegally used or operated or attempted to use or operate
24such property and the owner and person in possession of such
25property to appear in court and show cause why the property

 

 

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1seized should not be forfeited to the State. Upon the return of
2the summons duly served or other notice as herein provided,
3the court shall proceed to determine the question of the
4illegality of the use of the seized property and upon judgment
5being entered to the effect that such property was illegally
6used, an order may be entered providing for the forfeiture of
7such seized property to the Department and shall thereupon
8become the property of the Department; but the owner of such
9property may have a jury determine the illegality of its use,
10and shall have the right of an appeal, as in other cases. Such
11confiscation or forfeiture shall not preclude or mitigate
12against prosecution and assessment of penalties otherwise
13provided in this Act.
14    Upon seizure of any property under circumstances
15supporting a reasonable belief that such property was
16abandoned, lost or stolen or otherwise illegally possessed or
17used contrary to the provisions of this Act, except property
18seized during a search or arrest, and ultimately returned,
19destroyed, or otherwise disposed of pursuant to order of a
20court in accordance with this Act, the authorized employee of
21the Department shall make reasonable inquiry and efforts to
22identify and notify the owner or other person entitled to
23possession thereof, and shall return the property after such
24person provides reasonable and satisfactory proof of his
25ownership or right to possession and reimburses the Department
26for all reasonable expenses of such custody. If the identity

 

 

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1or location of the owner or other person entitled to
2possession of the property has not been ascertained within 6
3months after the Department obtains such possession, the
4Department shall effectuate the sale of the property for cash
5to the highest bidder at a public auction. The owner or other
6person entitled to possession of such property may claim and
7recover possession of the property at any time before its sale
8at public auction, upon providing reasonable and satisfactory
9proof of ownership or right of possession and reimbursing the
10Department for all reasonable expenses of custody thereof.
11    Any property forfeited to the State by court order
12pursuant to this Section may be disposed of by public auction,
13except that any property which is the subject of such a court
14order shall not be disposed of pending appeal of the order. The
15proceeds of the sales at auction shall be deposited in the
16Illinois Forestry Development Fund.
17    The Department shall pay all costs of notices required by
18this Section.
19    Property seized or forfeited under this Section is subject
20to reporting under the Seizure and Forfeiture Reporting Act.
21(Source: P.A. 86-208.)".