Full Text of SB1560 103rd General Assembly
SB1560sam001 103RD GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 3/3/2023
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| 1 | | AMENDMENT TO SENATE BILL 1560
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1560 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Seizure and Forfeiture Reporting Act is | 5 | | amended by changing Section 5 as follows: | 6 | | (5 ILCS 810/5)
| 7 | | Sec. 5. Applicability. This Act is applicable to property | 8 | | seized 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 (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. 102-558, eff. 8-20-21.) | 21 | | Section 10. The Timber Buyers Licensing Act is amended by | 22 | | changing Sections 2, 3, 4, 5, 7, 8, 9, 9a, 10, 11, 12, 13, 14, | 23 | | and 16 as follows:
| 24 | | (225 ILCS 735/2) (from Ch. 111, par. 702)
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| 1 | | Sec. 2. Definitions. When used in this Act, unless the | 2 | | context otherwise requires, the
term:
| 3 | | "Agent" means any person acting on behalf of a timber | 4 | | buyer, employed by a timber buyer, or under an agreement, | 5 | | whether oral or written, with a timber buyer who buys timber, | 6 | | attempts to buy timber, procures contracts for the purchase or | 7 | | cutting of timber, or attempts to procure contracts for the | 8 | | purchase or cutting of timber. | 9 | | "Buying timber" means to buy, barter, cut on shares, or | 10 | | offer to buy, barter, cut on shares, or take possession of | 11 | | timber with the consent of the timber grower. | 12 | | "Department" means the Department of Natural Resources. | 13 | | "Director" means the Director of Natural Resources. | 14 | | "Good standing" means any person who is not: | 15 | | (1) currently serving a sentence of probation, or | 16 | | conditional discharge, for a violation of this Act or | 17 | | administrative rules adopted under this Act; | 18 | | (2) owes any amount of money pursuant to a civil | 19 | | judgment regarding the sale, cutting, or transportation of | 20 | | timber; | 21 | | (3) owes the Department any required fee, payment, or | 22 | | money required under this Act; or | 23 | | (4) is currently serving a suspension or revocation of | 24 | | any privilege that is granted under this Act. | 25 | | "Liability insurance" means not less than $500,000 in | 26 | | insurance covering a timber buyer's business and agents that |
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| 1 | | shall insure against the liability of the insured for the | 2 | | death, injury, or disability of an employee or other person | 3 | | and insurance against the liability of the insured for damage | 4 | | to or destruction of another person's property. | 5 | | "Payment receipt" means copy or duplicate of an original | 6 | | receipt of payment for timber to a timber grower or duplicate | 7 | | of electronic or direct payment verification of funds received | 8 | | by timber grower. | 9 | | "Person" means any person, partnership, firm, association, | 10 | | business
trust , limited liability company, or corporation.
| 11 | | "Proof of ownership" means a printed document provided by | 12 | | the Department that serves as a written bill of lading. | 13 | | "Resident" means a person who in good faith makes | 14 | | application for any license or permit and verifies by | 15 | | statement that the person has maintained the person's | 16 | | permanent abode or headquarters in this State for a period of | 17 | | at least 30 consecutive days immediately preceding the | 18 | | person's application and who does not maintain a permanent | 19 | | abode or headquarters or claim residency in another state for | 20 | | the purposes of obtaining any of the same or similar licenses | 21 | | or permits covered by this Act. A person's permanent abode or | 22 | | headquarters is the person's fixed and permanent dwelling | 23 | | place or main location where the person conducts business, as | 24 | | distinguished from a temporary or transient place of residence | 25 | | or location. | 26 | | "Timber" means trees, standing or felled, and parts |
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| 1 | | thereof which can be
used for sawing or processing into lumber | 2 | | for building or structural
purposes or for the manufacture of | 3 | | any article. "Timber" does not include
firewood, Christmas | 4 | | trees, fruit or ornamental trees , or wood products not
used or | 5 | | to be used for building, structural, manufacturing , or | 6 | | processing
purposes.
| 7 | | "Timber buyer" means any person licensed or unlicensed, | 8 | | who is engaged
in the business of buying timber from the timber | 9 | | growers thereof for sawing
into lumber, for processing or for | 10 | | resale, but does not include any person
who occasionally | 11 | | purchases timber for sawing or processing for the person's his | 12 | | own use
and not for resale.
| 13 | | "Buying timber" means to buy, barter, cut on shares, or | 14 | | offer to buy,
barter, cut on shares, or take possession of | 15 | | timber, with or without the
consent of the timber grower.
| 16 | | "Timber grower" means the owner, tenant , or operator of | 17 | | land in this
State who has an interest in, or is entitled to | 18 | | receive any part of the
proceeds from the sale of timber grown | 19 | | in this State and includes persons
exercising authority to | 20 | | sell timber.
| 21 | | "Transporter" means any person acting on behalf of a | 22 | | timber buyer, employed by a timber buyer, or under an | 23 | | agreement, whether oral or written, with a timber buyer who | 24 | | takes or carries timber from one place to another by means of a | 25 | | motor vehicle. | 26 | | "Department" means the Department of Natural Resources.
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| 1 | | "Director" means the Director of Natural Resources.
| 2 | | "Employee" means any person in service or under contract | 3 | | for hire,
expressed or implied, oral or written, who is | 4 | | engaged in any phase of the
enterprise or business at any time | 5 | | during the license year .
| 6 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 7 | | (225 ILCS 735/3) (from Ch. 111, par. 703)
| 8 | | Sec. 3. License required. Every person before engaging in | 9 | | the business of a timber buyer shall
obtain a license for such | 10 | | purpose from the Department. Application for such
license | 11 | | shall be filed with the Department and shall set forth the name | 12 | | of
the applicant, its principal officers if the applicant is a | 13 | | corporation or
the partners if the applicant is a partnership, | 14 | | the location of any
principal office or place of business of | 15 | | the applicant, the counties in
this State in which the | 16 | | applicant proposes to engage in the business of
timber buyer , | 17 | | a list of all agents of the timber buyer, and such additional | 18 | | information as the Department by
rule regulation may require. | 19 | | All timber buyers and their agents must be 18 years of age or | 20 | | older.
| 21 | | The application shall set forth the aggregate dollar | 22 | | amount paid to
timber growers for timber purchased in this | 23 | | State during the applicant's
last completed fiscal or calendar | 24 | | year. In the event the applicant has been
engaged as a timber | 25 | | buyer for less than one year, his application shall set
forth |
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| 1 | | the dollar amount paid to timber growers for the number of | 2 | | completed
months during which the applicant has been so | 3 | | engaged. If the applicant has
not been previously engaged in | 4 | | buying timber in this State, the application
shall set forth | 5 | | the estimated aggregate dollar amount to be paid by the
| 6 | | applicant to timber growers for timber to be purchased from | 7 | | them during the
next succeeding 12 month period.
| 8 | | (Source: P.A. 77-2796 .)
| 9 | | (225 ILCS 735/4) (from Ch. 111, par. 704)
| 10 | | Sec. 4. Liability insurance Bond . Every
person licensed as | 11 | | a timber buyer shall file with the
Department a certificate of | 12 | | liability insurance , on a form prescribed and furnished by the | 13 | | Department, a
performance bond payable to the State of | 14 | | Illinois by and
through the
Department
and conditioned on the | 15 | | faithful performance of and
compliance with all requirements | 16 | | of the license and this Act . No such liability insurance | 17 | | policy shall be effective under this Section unless issued by | 18 | | an insurance company or surety company authorized to do | 19 | | business in this State. The bond shall
be a
surety bond signed | 20 | | by the person to be licensed as principal
and by a good and | 21 | | sufficient corporate surety authorized to engage in the
| 22 | | business of executing surety bonds within the State of | 23 | | Illinois as surety
thereon. In lieu of a surety bond an | 24 | | applicant for a
timber buyers license may, with the approval | 25 | | of
the Department,
deposit with the
Department as security a
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| 1 | | certificate of deposit
or irrevocable letter of credit of any | 2 | | bank organized or transacting business
in the United States in | 3 | | an amount equal to or greater than the
amount of the required | 4 | | bond. Such deposits
shall be made, held, and disposed of as | 5 | | provided in this Act and by the
Department by rule. A bond or | 6 | | certificate of deposit shall
be
made
payable upon demand to | 7 | | the Director, subject to the provisions of this Act,
and any | 8 | | rules adopted under this Act, and shall be for the use and | 9 | | benefit
of the people of the State of Illinois, for the
use and | 10 | | benefit of any timber grower from whom the applicant purchased
| 11 | | timber and who is not paid by the applicant or for the use and | 12 | | benefit of
any timber grower whose timber has been cut by the | 13 | | applicant or licensee or
his or her agents and who has not been | 14 | | paid therefor; and for the use
and
benefit of any person | 15 | | aggrieved by the actions of the timber buyer.
| 16 | | Except as otherwise provided , in this Section, such | 17 | | liability insurance bond shall be in the
principal amount of | 18 | | not less than $500,000 $ 500 for an
applicant who
paid timber | 19 | | growers $5,000 or less for timber during the
immediate
| 20 | | preceding year, and an additional $100 for each additional
| 21 | | $1,000 or
fraction thereof paid to timber growers for timber | 22 | | purchased during the
preceding year, but shall not be more | 23 | | than $10,000.
In the case
of an
applicant not previously | 24 | | engaged in business as a timber buyer, the amount
of such bond | 25 | | shall be based on the estimated dollar amount to be paid by
| 26 | | such timber buyer to timber growers for timber purchased |
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| 1 | | during the next
succeeding year, as set forth in the | 2 | | application; such bond shall, in no
event, be in the principal | 3 | | amount of less than
$500. In the case of a timber buyer whose | 4 | | bond has previously been
forfeited in Illinois or in any other | 5 | | state, the
Department shall
double the applicable minimum bond | 6 | | amounts under this Section .
| 7 | | A liability insurance policy bond filed in accordance with | 8 | | this Act
shall not be canceled cancelled or altered during
the | 9 | | period for which the
timber buyer
remains licensed by the | 10 | | Department
without written notification to the Department. At | 11 | | all times, a licensee must have a liability insurance policy | 12 | | that is in conformity with this Act while licensed by the | 13 | | Department except upon at
least 60 days notice in writing to | 14 | | the Department; in the event that
the
applicant has deposited | 15 | | certificates of deposit in lieu of a corporate
surety the | 16 | | Department may retain possession of such certificates of | 17 | | deposit
for a period of 60 days following the expiration or
| 18 | | revocation of his
or her license .
| 19 | | At any such time as a licensee fails to have the necessary | 20 | | liability insurance, surety bonds,
certificates of deposit, or | 21 | | irrevocable letters of credit on
deposit with the Department | 22 | | as required
herein, the Department may immediately, and | 23 | | without notice, suspend the
privileges of such licensee. In | 24 | | the event of such suspension,
the Department
shall give | 25 | | immediate notice of the same to the licensee and shall further
| 26 | | reinstate such license upon filing with the Department a |
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| 1 | | certificate of liability insurance that conforms to the | 2 | | requirements of this Act the posting of the required surety | 3 | | bond,
certificates of deposit, or irrevocable letters of | 4 | | credit .
| 5 | | Bonds shall be in such form and contain such terms and | 6 | | conditions as may
be approved from time to time by the | 7 | | Director, be conditioned to secure an
honest cutting and | 8 | | accounting for timber purchased by the licensee, secure
| 9 | | payment to the timber growers and to insure the timber growers | 10 | | against all
fraudulent acts of the licensee in the purchase | 11 | | and cutting of the timber
of this State.
| 12 | | In the event the timber buyer fails to pay when owing any | 13 | | amount
due a
timber grower for timber purchased, or fails to | 14 | | pay judicially
determined
damages for timber wrongfully cut by | 15 | | a timber buyer or his agent, whether
such wrongful cutting has | 16 | | occurred on or adjacent to the land which was the
subject of | 17 | | timber purchase from a timber grower,
or commits
any
violation
| 18 | | of this Act, then an action on the bond
or deposit for | 19 | | forfeiture may be commenced. Such action is not exclusive
and | 20 | | is in addition to any other judicial remedies
available.
| 21 | | In the event that the timber grower or owner of timber cut | 22 | | considers
himself or herself aggrieved by a timber buyer, he | 23 | | or she shall notify the
Department in
writing of such | 24 | | grievance and thereafter the Department shall within 10
days | 25 | | give written notice to the timber buyer of the alleged | 26 | | violation of
this Act or of any violation or noncompliance |
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| 1 | | with the regulations
hereunder of which the timber grower or | 2 | | owner of timber complains. The
written notice to the timber | 3 | | buyer shall be from the Department by
registered or certified | 4 | | mail to the licensee and his or her sureties stating in
general | 5 | | terms the nature of the violation and that an action seeking
| 6 | | forfeiture of the bond may be commenced at any time after the | 7 | | 10 days from
the date of said notice if at the end of that | 8 | | period the violation still
remains. In the event the | 9 | | Department shall fail to give notice to the
timber buyer as | 10 | | provided herein, the timber grower or owner of timber cut
may | 11 | | commence his or her own action for forfeiture of the | 12 | | licensee's bond.
| 13 | | The timber buyer, after receiving notice from the | 14 | | Department as provided
herein, may within 10 days from the | 15 | | date of such notice, request in writing
to appear and be heard | 16 | | regarding the alleged violation.
| 17 | | Upon such request from the timber buyer, the Department | 18 | | shall schedule a
hearing, designating the time and place | 19 | | thereof. At such hearing the timber
buyer may present for | 20 | | consideration of the Department any evidence,
statements, | 21 | | documents or other information relevant to the alleged
| 22 | | violation. The hearing shall be presided over by the Director | 23 | | or by any
hearing officer he or she may designate. The hearing | 24 | | officer shall take evidence
offered by the timber buyer or the | 25 | | Department and shall, if requested by
the Department, submit | 26 | | his or her conclusions and findings which shall be advisory
to |
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| 1 | | the Director. Any hearings provided for in this Section shall | 2 | | be
commenced within 30 days from the request therefor.
| 3 | | Should the timber buyer fail to make timely request for a | 4 | | hearing after
receipt of the notice from the Department as | 5 | | provided herein, or after a
hearing is concluded, the | 6 | | Department may either withdraw the notice of
violation or | 7 | | request the Attorney General to institute proceedings to have
| 8 | | the bond of the timber buyer forfeited. The Attorney General, | 9 | | upon such
request from the Department, shall institute | 10 | | proceedings to have the bond
of the timber buyer forfeited for | 11 | | violation of any of the provisions of
this Act or for | 12 | | noncompliance with any Department regulation.
| 13 | | In the event that the licensee's bond is forfeited, the | 14 | | proceeds thereof
shall first be applied to any sums determined | 15 | | to be owed to the timber
grower or owner of timber cut
and then | 16 | | to the Department to
defray
expenses
incurred by the | 17 | | Department in converting the security into money.
Thereafter, | 18 | | the Department shall pay such excess to the timber buyer who
| 19 | | furnished such security.
| 20 | | In the event the Department realizes less than the amount | 21 | | of liability
from the security, after deducting expenses | 22 | | incurred by the Department in
converting the security into | 23 | | money, it shall be grounds for the revocation
of the timber | 24 | | buyer's license.
| 25 | | (Source: P.A. 92-805, eff. 8-21-02.)
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| 1 | | (225 ILCS 735/5) (from Ch. 111, par. 705)
| 2 | | Sec. 5. Prohibitions. It shall be unlawful and a violation | 3 | | of this Act:
| 4 | | (a) For any person timber buyer to knowingly : and | 5 | | willfully fail to pay,
as agreed, for any timber purchased,
| 6 | | (1) cut, cause to be cut, take, or caused to be taken, | 7 | | any timber without the consent of the timber grower; or | 8 | | (2) enter into an agreement or contract with a timber | 9 | | grower for the cutting of timber and: | 10 | | (A) misrepresenting a material fact relating to | 11 | | the terms of the contract or agreement, creating or | 12 | | confirming another's impression which is false and the | 13 | | buyer does not believe to be true, or promising | 14 | | performance which the person buying the timber does | 15 | | not intend to perform or knows will not be performed; | 16 | | or | 17 | | (B) using or employing any deception, false | 18 | | pretense, or false promise in order to induce, | 19 | | encourage, or solicit such person to enter into any | 20 | | contract or agreement; | 21 | | (b) For a timber buyer to conduct business under this Act | 22 | | without maintaining a liability insurance policy as required | 23 | | under this Act; For any timber buyer to knowingly and | 24 | | willfully cut or cause to
be cut or appropriate any timber | 25 | | without the consent of the timber grower,
| 26 | | (c) For any person a timber buyer to knowingly willfully |
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| 1 | | make any false statement or knowingly provide false | 2 | | information in
connection with the application, liability | 3 | | insurance certification, or other information or reports | 4 | | required to be provided to the Department pursuant to this Act | 5 | | or administrative rule; bond or other information required to | 6 | | be
given to the Department or a timber grower,
| 7 | | (d) For any person to act or engage in the business of a | 8 | | timber buyer or act or engage in the business of timber buying | 9 | | as an agent of a timber buyer while not in good standing with | 10 | | the Department or, if required by this Act, while licensed by | 11 | | the Department; To fail to honestly account to the timber | 12 | | grower or the Department
for timber purchased or cut if the | 13 | | buyer is under a duty to do so,
| 14 | | (e) (blank); For a timber buyer to commit any fraudulent | 15 | | act in connection with
the purchase or cutting of timber,
| 16 | | (f) For a person timber buyer or land owner or operator to | 17 | | fail to file any the
report or provide any documentation as or | 18 | | pay the fees required in Section 9a of this Act or | 19 | | administrative rule; , and
| 20 | | (g) For any person to resist or obstruct any officer, | 21 | | employee , or agent
of the Department , or any member of a law | 22 | | enforcement agency in the discharge of the person's, | 23 | | employee's, agent's, or member's his duties under the | 24 | | provisions of this Act hereof .
| 25 | | (Source: P.A. 86-208.)
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| 1 | | (225 ILCS 735/7) (from Ch. 111, par. 707)
| 2 | | Sec. 7. License; issuance, validity, and renewal; | 3 | | certificate. All persons buying timber under this Act must | 4 | | possess a valid timber buyer's license. Licenses authorized | 5 | | under this Act shall be prepared by the Department and be in | 6 | | such form as prescribed by the Department. The information | 7 | | required on each license shall be completed thereon by the | 8 | | Department at the time of issuance, and each license shall be | 9 | | signed by the licensee. All such licenses shall be supplied by | 10 | | the Department, subject to such rules as the Department may | 11 | | prescribe. Any license that is not properly prepared, | 12 | | obtained, and signed as required by this Act shall be void. If | 13 | | the
Department is satisfied that the applicant has fulfilled | 14 | | the
requirements of this Act, the applicant and all listed | 15 | | agents in the application are in good standing, and if the | 16 | | liability insurance bond and sureties or bank certificate of | 17 | | deposit
filed by the applicant is approved, the Department | 18 | | shall may issue a
license to
the applicant. The licenses | 19 | | issued shall be valid for a calendar year and
may be renewed | 20 | | annually. A copy of the license certificate issued by the
| 21 | | Department shall be posted in the principal office of the | 22 | | licensee in this
State. A license from the Department shall | 23 | | include a list of all agents that are required to be reported | 24 | | to the Department in a timber buyer application for license. A | 25 | | timber buyer shall update the Department, in writing, within | 26 | | 14 days, of a change in employment for any agent of the timber |
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| 1 | | buyer that is required to be disclosed to the Department. The | 2 | | Department shall then reissue a certificate of license with | 3 | | the updated list of agents as well as any new timber buyer | 4 | | identification cards. The timber buyer
identification card | 5 | | issued by the Department shall be carried upon the person
of | 6 | | the timber buyer and any agent of the timber buyer when
| 7 | | conducting activities covered under this Act for immediate | 8 | | presentation for
inspection to the officers and
authorized | 9 | | employees of the Department, any sheriff, deputy sheriff, or | 10 | | any
other peace officer making
demand for it. No person | 11 | | charged with violating this Section, however, shall be
| 12 | | convicted if the person he or she produces in court | 13 | | satisfactory evidence that a timber
buyer identification card | 14 | | that was valid at the time
of the offense had been issued
to | 15 | | the timber buyer or agent. All timber buyer identification | 16 | | cards shall be issued by the Department. Any timber | 17 | | identification card that is issued to a timber buyer or timber | 18 | | buyer employee shall be returned to the Department or, if a | 19 | | digital license or digital identification card, shall be | 20 | | canceled by the Department within 5 days of the Department | 21 | | obtaining information of the termination of employment, | 22 | | suspension, or revocation of license, the agent or timber | 23 | | buyer is no longer in good standing, or expiration of a license | 24 | | if the license is not renewed .
| 25 | | Upon request for a license and payment of the fee, the | 26 | | Department shall
issue to the licensee a certificate that a |
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| 1 | | license has been granted and a
bond filed as required by this | 2 | | Act as well as timber buyer identification cards for all | 3 | | listed agents on the timber buyer application that are in good | 4 | | standing .
| 5 | | (Source: P.A. 92-805, eff. 8-21-02.)
| 6 | | (225 ILCS 735/8) (from Ch. 111, par. 708)
| 7 | | Sec. 8. Application fee. The application for a resident | 8 | | license to operate as a timber buyer, or a
renewal thereof, | 9 | | shall be accompanied by a non-refundable filing fee of $125 $ | 10 | | 25 . The application for a non-resident license to operate as a | 11 | | timber buyer, or a renewal thereof, shall be accompanied by a | 12 | | non-refundable filing fee of $300. The fee to be
paid for a | 13 | | certificate that a license has been issued and security filed | 14 | | is $5.
| 15 | | The fees required by this Section shall be deposited in | 16 | | the Illinois
Forestry Development Fund for the purposes of the | 17 | | " Illinois Forestry
Development Act " .
| 18 | | (Source: P.A. 85-287.)
| 19 | | (225 ILCS 735/9) (from Ch. 111, par. 709)
| 20 | | Sec. 9. Records and inspection. The Department or any law | 21 | | enforcement agency may inspect any the premises used by any | 22 | | timber buyer
in the conduct of the buyer's his or her business | 23 | | during normal business hours, at any reasonable time and such | 24 | | inspection may include, but is not limited to, the inventory, |
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| 1 | | timber, the books,
accounts, records , proof of ownership, and | 2 | | or other documentation required under this Act or | 3 | | administrative rule papers of every such timber buyer that | 4 | | operates or does business in the State shall at all times
| 5 | | during business hours be subject to inspection by the | 6 | | Department . Any
person licensed as a timber buyer as defined | 7 | | in this Act, or any person
who has purchased, bartered, or | 8 | | attempted to purchase or barter timber, or
any person having | 9 | | possession or who has had possession of timber as
defined in | 10 | | this Act shall be prima facie
evidence that the person is be | 11 | | considered a timber buyer , excluding transporters . A timber | 12 | | buyer shall retain the books,
accounts, records , proof of | 13 | | ownership, or other documentation required under this Act or | 14 | | administrative rule and papers used in the conduct of the | 15 | | buyer's his or her business for a
period of 3 years after any | 16 | | purchase , cutting, or transportation of timber made by the | 17 | | timber buyer or the buyer's employee. All timber buyers shall | 18 | | provide to a transporter and a transporter shall have | 19 | | immediately available proof of ownership, on forms provided by | 20 | | the Department, for all timber that is currently being | 21 | | transported by the transporter .
| 22 | | (Source: P.A. 85-287.)
| 23 | | (225 ILCS 735/9a) (from Ch. 111, par. 709a)
| 24 | | Sec. 9a. Reporting a harvest fee. | 25 | | (a) When a timber buyer buys purchases timber in this |
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| 1 | | State, the timber buyer
and timber grower shall determine the | 2 | | amount to be paid for such timber, or the value of items
to be | 3 | | bartered for such timber, and the timber buyer shall deduct | 4 | | from the payment to the
timber grower an amount which equals 4% | 5 | | of the purchase price or 4% of the minimum fair market value, | 6 | | as determined pursuant to administrative rule, when purchase | 7 | | price cannot otherwise be determined and shall
forward such | 8 | | amount to the Department of Natural Resources , along with a | 9 | | report
of the purchase on forms provided
by the Department .
| 10 | | (b) When a timber buyer buys timber in this State, the | 11 | | timber buyer shall file a report to the Department on a report | 12 | | form provided by the Department. The information provided on | 13 | | the report form shall include the amount paid for the timber to | 14 | | each timber grower and the 4% that is due to the Department for | 15 | | each sale, and any other information that is required by the | 16 | | Department pursuant to administrative rule. A timber buyer | 17 | | shall provide the timber grower a written or electronic | 18 | | payment receipt for each transaction of timber bought from the | 19 | | timber grower and keep a duplicate or copy of the payment | 20 | | receipt in the timber buyer's records. All timber buyers shall | 21 | | provide a written receipt upon request of the Department. | 22 | | (c) Every timber grower who utilizes timber produced on | 23 | | land the timber grower he owns or operates
for sawing into | 24 | | lumber, for processing, or for resale, except a person who
| 25 | | occasionally uses his own timber for sawing or processing for | 26 | | his own use
and not for resale, shall report periodically, as |
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| 1 | | required by regulation
of the Department, the quantity of | 2 | | timber produced and utilized by the owner
or operator during | 3 | | the reporting period. Such timber grower shall pay to
the | 4 | | Department, when the periodic report is submitted, an amount | 5 | | equal to
4% of the minimum fair market gross value of the | 6 | | timber utilized during the period. The value
of such timber | 7 | | shall be determined pursuant to rule of
the Department. Such | 8 | | rules shall include a voluntary arbitration program for
use in | 9 | | situations in which a dispute arises as to the gross value of | 10 | | the
timber.
| 11 | | (d) Every timber grower who utilizes timber produced on | 12 | | land the timber grower owns or operates for sawing into lumber | 13 | | for processing or for resale, shall report periodically, as | 14 | | required by this Act or administrative rule of the Department, | 15 | | the quantity, value, and species of timber produced and | 16 | | utilized by the owner or operator during the reporting period. | 17 | | (e) Subsections (c) and (d) shall not apply to a person who | 18 | | uses the person's own timber for sawing or processing for | 19 | | personal use and not for resale. | 20 | | (f) The fees required by this Section shall be deposited | 21 | | in the Illinois
Forestry Development Fund, a special fund in | 22 | | the State treasury Treasury , for the
purposes of the " Illinois | 23 | | Forestry Development Act " .
| 24 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 25 | | (225 ILCS 735/10) (from Ch. 111, par. 710)
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| 1 | | Sec. 10. Rulemaking. The Department may make such | 2 | | administrative rules and regulations as may be necessary
to | 3 | | carry out the provisions of this Act in accordance with the | 4 | | Illinois Administrative Procedure Act .
| 5 | | (Source: P.A. 76-1307 .)
| 6 | | (225 ILCS 735/11) (from Ch. 111, par. 711)
| 7 | | Sec. 11. Penalties and fines . All fines and penalties | 8 | | associated with violations of this Act or administrative rules | 9 | | thereunder, except as otherwise provided in this Act, are | 10 | | payable 50% to the Department's Conservation Police Operations | 11 | | Assistance Fund and 50% to the Department's Illinois Forestry | 12 | | Development Fund.
| 13 | | (a) Except as otherwise provided in this Act Section any | 14 | | person
in violation of any of the provisions of this Act, or | 15 | | administrative rules
thereunder, shall be guilty of a Class A | 16 | | misdemeanor.
| 17 | | (a-5) Any person convicted of violating Section 3 of this | 18 | | Act shall be
guilty of
a Class A
misdemeanor and fined at least | 19 | | $500 for a first offense
and
guilty of a Class 4 felony and | 20 | | fined at least $1,000
for a
second or subsequent offense.
| 21 | | (a-10) Any person convicted of violating subsection (a) of | 22 | | Section 5 is guilty of a Class A misdemeanor if the aggregate | 23 | | value of the timber cut, caused to be cut, or appropriated is | 24 | | equal to or less than $500. | 25 | | (a-15) Any person convicted of violating subsection (a) or |
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| 1 | | (c) of Section 9a is guilty of a Class A misdemeanor if the | 2 | | aggregate value of the amount due to the Department is equal to | 3 | | or less than $500. | 4 | | (b) Any person convicted of violating subsection | 5 | | subsections (a) or (b) of
Section 5 of this Act is guilty of a | 6 | | Class 4 felony if the aggregate value
of the timber purchased, | 7 | | cut, caused to be cut or appropriated is over $500 $300
but not | 8 | | more than $2,500.
| 9 | | (b-2) Any person convicted of violating subsection (a) or | 10 | | (c) of Section 9a is guilty of a Class 4 felony if the | 11 | | aggregate value of the amount due to the Department is over | 12 | | $500 but not more than $2,500. | 13 | | (b-5) Any person convicted of violating subsection (a) or | 14 | | (b) of Section 5
of
this Act is guilty of a
Class 3 felony if | 15 | | the aggregate value of the timber purchased, cut, caused to
be | 16 | | cut, or appropriated is
over $2,500 but not more than $10,000.
| 17 | | (b-7) Any person convicted of violating subsection (a) or | 18 | | (c) of Section 9a is guilty of a Class 3 felony if the | 19 | | aggregate value of the amount due to the Department is over | 20 | | $2,500 but not more than $10,000. | 21 | | (b-10) Any person convicted of violating subsection (a) or | 22 | | (b) of Section 5
of
this Act is guilty of a
Class 2 felony if | 23 | | the aggregate value of the timber purchased, cut, caused to
be | 24 | | cut, or appropriated is
over $10,000.
| 25 | | (b-12) Any person convicted of violating subsection (a) or | 26 | | (c) of Section 9a is guilty of a Class 2 felony if the |
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| 1 | | aggregate value of the amount due to the Department is over | 2 | | $10,000. | 3 | | (b-15) The aggregate value of the timber purchased, cut, | 4 | | caused to be cut,
or appropriated shall be determined as | 5 | | provided by administrative rule.
| 6 | | (c) A person convicted of violating subsection (b) (f) of | 7 | | Section 5 of this
Act is guilty of a Class A misdemeanor. A | 8 | | person convicted of a second or
subsequent violation is guilty | 9 | | of a Class 4 felony.
| 10 | | (c-5) A person convicted of violating subsection (c) of | 11 | | Section 5 is guilty of a Class A misdemeanor. | 12 | | (c-10) A person convicted of violating subsection (d) of | 13 | | Section 5 is guilty of a Class A misdemeanor and shall be | 14 | | assessed a fine of not less than $1,000. A person convicted of | 15 | | a second or subsequent violation is guilty of a Class 4 felony | 16 | | and shall be assessed a fine of not less than $2,000. | 17 | | (c-15) A person convicted of violating subsection (f) of | 18 | | Section 5 is guilty of a Class B misdemeanor. | 19 | | (c-20) A person convicted of violating subsection (g) of | 20 | | Section 5 is guilty of a Class C misdemeanor. | 21 | | (d) All penalties issued pursuant to subsections (e) and | 22 | | (f) amounts collected as fines imposed as penalties for
| 23 | | violation of
this Act shall be deposited in the Illinois | 24 | | Forestry Development Fund
for the purposes of the " Illinois | 25 | | Forestry Development Act " .
| 26 | | (e) Failure In case of a failure to pay any purchase |
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| 1 | | harvest fee required under Section
9a of this Act on the date | 2 | | as required by regulation of the Department,
there shall be | 3 | | added as a penalty an amount equal to 7.5% of the harvest
fee | 4 | | due the Department for each month or fraction thereof during | 5 | | which such
failure continues, not to exceed 37.5% in the | 6 | | aggregate. This penalty
shall be in addition to any other | 7 | | penalty determined under this Act or by the circuit court .
| 8 | | (f) A person convicted of violating subsection (b) or (d) | 9 | | of Section 9a shall be guilty of a Class C misdemeanor and | 10 | | shall be assessed In case of failure to file the appropriate | 11 | | report of the purchase
harvest fee form stipulated under | 12 | | Section 9a of this Act on the date
prescribed therefore, a | 13 | | penalty in the amount of $25 , which shall be added to the | 14 | | amount due the Department for each individual
report shall be | 15 | | added to the amount due the Department . A second or subsequent | 16 | | offense within a 3-year period after the date of the first | 17 | | offense is a Class A misdemeanor. | 18 | | (g) All fines required in this Section This penalty shall
| 19 | | be in addition to any other penalty authorized determined | 20 | | under this Act , the Unified Code of Corrections, or imposed by | 21 | | the circuit court .
| 22 | | (h) Any person who knowingly or intentionally violates any | 23 | | of the provisions of this Act, or administrative rules | 24 | | thereunder, when the person's license has been revoked or | 25 | | denied or the person's ability to engage in the activity | 26 | | requiring the license has been suspended under Section 13 is |
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| 1 | | guilty of: | 2 | | (1) a Class 4 felony if the underlying offense that | 3 | | was committed during a period of revocation or suspension | 4 | | is a misdemeanor; or | 5 | | (2) one classification higher if the underlying | 6 | | offense that was committed during a period of revocation | 7 | | or suspension is a felony. | 8 | | (Source: P.A. 92-805, eff. 8-21-02.)
| 9 | | (225 ILCS 735/12) (from Ch. 111, par. 712)
| 10 | | Sec. 12. Default. No certificate of license or timber | 11 | | buyer identification card shall be issued to any person who is | 12 | | in
default to the people of the State of Illinois for moneys | 13 | | due under this
Act.
| 14 | | (Source: P.A. 76-1307 .)
| 15 | | (225 ILCS 735/13) (from Ch. 111, par. 713)
| 16 | | Sec. 13. License revocation.
| 17 | | (a) The Department may revoke the license of
any person | 18 | | who violates the provisions of this Act , and may refuse to
| 19 | | issue any permit or license to any such person who is in | 20 | | violation of this Act for a period of time as established by | 21 | | administrative rule not to exceed 5
years following such | 22 | | revocation .
| 23 | | (a-5) License revocation , suspension, or refusal by the | 24 | | Department to issue or reissue any permit or license, and the |
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| 1 | | procedures for such action by the Department or appeals to | 2 | | such action that was taken by the Department shall be | 3 | | established by administrative rule and in accordance with the | 4 | | Illinois Administrative Procedure Act .
| 5 | | (b) (Blank). Whenever the holder of a license issued under | 6 | | this Act is found guilty
of
any
misrepresentation in obtaining | 7 | | his or her license or of a violation of any of
the provisions | 8 | | of
this Act or rules adopted pursuant to this Act, the | 9 | | Department may:
| 10 | | (1) revoke his or her license;
| 11 | | (2) refuse to issue a license to that person; and
| 12 | | (3) suspend the person from engaging in the activity | 13 | | requiring the license
for
up to 5 years
following the | 14 | | revocation.
| 15 | | (c) (Blank). Whenever the holder of a license issued under | 16 | | this Act is found guilty
of any
misrepresentation
in obtaining | 17 | | his or her license or of a violation of any of the provisions | 18 | | of
this Act or rules adopted pursuant to
this Act, and his or | 19 | | her license has been previously revoked or his or her
ability | 20 | | to engage in the activity
requiring the license has been | 21 | | previously suspended, the Department may:
| 22 | | (1) revoke his or her license;
| 23 | | (2) refuse to issue any license to that person; and
| 24 | | (3) suspend the person from engaging in the activity | 25 | | requiring the license
for
at least 5 years but
not more | 26 | | than 10 years following the revocation or suspension.
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| 1 | | (d) (Blank). Whenever the holder of a license issued under | 2 | | this Act is found guilty
of any
misrepresentation
in obtaining | 3 | | that license or of a violation of any of the provisions of this
| 4 | | Act or rules adopted under this
Act, and his or her license has | 5 | | been previously revoked or his or her ability
to engage in the | 6 | | activity
requiring the license has been suspended on 2 or more | 7 | | occasions, the Department
may:
| 8 | | (1) revoke his or her license;
| 9 | | (2) refuse to issue any license to that person; and
| 10 | | (3) suspend the person from engaging in the activity | 11 | | requiring the license
for
at least 10
years but not more | 12 | | than 75 years following the revocation or suspension.
| 13 | | Department revocation procedures shall be established by | 14 | | administrative rule.
| 15 | | If the holder of a license is found negligent with respect | 16 | | to any duty
required under this Act, the Department may | 17 | | suspend or revoke his or her
privilege to engage in the | 18 | | activity for which the license is required, his or
her | 19 | | license, or both.
| 20 | | (e) (Blank). Whenever a person who has not been issued a | 21 | | license under this Act is
found
guilty of a
violation of the | 22 | | provisions of this Act or rules adopted under this Act, the
| 23 | | Department may:
| 24 | | (1) refuse to issue any license to that person; and
| 25 | | (2) suspend that person from engaging in the activity | 26 | | requiring the
license for
up to 5 years
following the |
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| 1 | | revocation.
| 2 | | (f) (Blank). Whenever a person who has not been issued a | 3 | | license under this Act is
found
guilty of a violation
of this | 4 | | Act or rules adopted under this Act and his or her license has | 5 | | been
previously revoked or his or
her ability to engage in the | 6 | | activity requiring the license has been previously
suspended, | 7 | | the Department
may:
| 8 | | (1) refuse to issue any license to that person; and
| 9 | | (2) suspend that person from engaging in the activity | 10 | | requiring the
license for
at least 5
years but not more | 11 | | than 10 years following the revocation or suspension.
| 12 | | (g) (Blank). Whenever a person who has not been issued a | 13 | | license under this Act is
found
guilty of a violation
of this | 14 | | Act or rules adopted under this Act and his or her license has | 15 | | been
previously revoked or his or
her ability to engage in the | 16 | | activity requiring the license has been suspended
on 2 or more | 17 | | occasions, the
Department may:
| 18 | | (1) refuse to issue any license to that person; and
| 19 | | (2) suspend that person from engaging in the activity | 20 | | requiring the
license for
at least 10 years but not more | 21 | | than 75 years
following the revocation or suspension.
| 22 | | (h) (Blank). Licenses authorized under this Act shall be | 23 | | prepared by the Department
and
be in such form
as prescribed by | 24 | | the Department. The information required on each license
shall | 25 | | be completed thereon
by the issuing agent at the time of | 26 | | issuance and each license shall be signed
by the licensee. All |
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| 1 | | such
licenses shall be supplied by the Department, subject to | 2 | | such rules as the
Department may prescribe.
Any license that | 3 | | is not properly prepared, obtained, and signed as required by
| 4 | | this Act shall be void.
| 5 | | (i) Any person whose license to engage in an activity | 6 | | regulated by this Act
has
been revoked or
whose ability to | 7 | | engage in the activity requiring the license has been
| 8 | | suspended may not,
during the period of suspension or | 9 | | revocation:
| 10 | | (1) hold any license authorized by this Act;
| 11 | | (2) perform directly or indirectly any privileges | 12 | | authorized by any
license
issued in accordance
with this | 13 | | Act; or
| 14 | | (3) buy, sell, barter, trade, or take possession of | 15 | | any timber as defined
in
this Act, regardless of
any | 16 | | contractual agreements entered into prior to the | 17 | | revocation or suspension.
| 18 | | (j) No person may be issued a license or engage in any | 19 | | activity
regulated by
this Act for which a license is required | 20 | | during the time that the person's
privilege to engage in the | 21 | | same or
similar activities is
suspended or revoked by another | 22 | | state, by a federal agency, or by a province of
Canada.
| 23 | | Any person who knowingly or intentionally violates any of | 24 | | the
provisions of this Act, or administrative rules | 25 | | thereunder, when his
or her license has been revoked or denied | 26 | | or his or her
ability to engage in the activity requiring the |
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| 1 | | license has been suspended
under this Section, is guilty
of a | 2 | | Class 4 felony.
| 3 | | (Source: P.A. 92-805, eff. 8-21-02.)
| 4 | | (225 ILCS 735/16) (from Ch. 111, par. 716)
| 5 | | Sec. 16. Forfeiture and seizure. Any timber, forestry , or | 6 | | wood cutting device or equipment,
including vehicles and | 7 | | conveyances used or operated in violation of this
Act, | 8 | | including administrative rules, or attempted to be used in | 9 | | violation
of this Act or administrative rules shall be deemed | 10 | | a public nuisance and
subject to the seizure and confiscation | 11 | | by any authorized employee of the
Department; upon the seizure | 12 | | of such item the Department shall take and
hold the same until | 13 | | disposed of as hereinafter provided.
| 14 | | Upon the seizure of any property as herein provided, the | 15 | | authorized
employee of the Department making such seizure | 16 | | shall forthwith cause a
complaint to be filed before the | 17 | | Circuit Court and a summons to be issued
requiring the person | 18 | | who illegally used or operated
or attempted to use or operate | 19 | | such property and the owner and
person in possession of such | 20 | | property to appear in court and show cause why
the property | 21 | | seized should not be forfeited to the State. Upon the return
of | 22 | | the summons duly served or other notice as herein provided, | 23 | | the court
shall proceed to determine the question of the | 24 | | illegality
of the use of the seized property and upon judgment | 25 | | being entered to the
effect that such property was illegally |
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| 1 | | used, an order may be entered
providing for the forfeiture of | 2 | | such seized property to the Department and
shall thereupon | 3 | | become the property of the Department; but the owner of
such | 4 | | property may have a jury determine the illegality of its use, | 5 | | and
shall have the right of an appeal, as in other cases. Such | 6 | | confiscation or
forfeiture shall not preclude or mitigate | 7 | | against prosecution and
assessment of penalties otherwise | 8 | | provided in this Act.
| 9 | | Upon seizure of any property under circumstances | 10 | | supporting a reasonable
belief that such property was | 11 | | abandoned, lost , or stolen or otherwise
illegally possessed or | 12 | | used contrary to the provisions of this Act, except
property | 13 | | seized during a search or arrest, and ultimately returned,
| 14 | | destroyed, or otherwise disposed of pursuant to order of a | 15 | | court in
accordance with this Act, the authorized employee of | 16 | | the Department shall
make reasonable inquiry and efforts to | 17 | | identify and notify the owner or
other person entitled to | 18 | | possession thereof, and shall return the property
after such | 19 | | person provides reasonable and satisfactory proof of his
| 20 | | ownership or right to possession and reimburses the Department | 21 | | for all
reasonable expenses of such custody. If the identity | 22 | | or location of the
owner or other person entitled to | 23 | | possession of the property has not been
ascertained within 6 | 24 | | months after the Department obtains such possession,
the | 25 | | Department shall effectuate the sale of the property for cash | 26 | | to the
highest bidder at a public auction. The owner or other |
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| 1 | | person entitled to
possession of such property may claim and | 2 | | recover possession of the
property at any time before its sale | 3 | | at public auction, upon providing
reasonable and satisfactory | 4 | | proof of ownership or right of possession and
reimbursing the | 5 | | Department for all reasonable expenses of custody thereof.
| 6 | | Any property forfeited to the State by court order | 7 | | pursuant to this
Section may be disposed of by public auction, | 8 | | except that any property
which is the subject of such a court | 9 | | order shall not be disposed of pending
appeal of the order. The | 10 | | proceeds of the sales at auction shall be
deposited in the | 11 | | Illinois Forestry Development Fund.
| 12 | | The Department shall pay all costs of notices required by | 13 | | this Section. Property seized or forfeited under this Section | 14 | | is subject to reporting under Section 5 of the Seizure and | 15 | | Forfeiture Reporting Act.
| 16 | | (Source: P.A. 86-208.)".
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