(225 ILCS 740/1) (from Ch. 96 1/2, par. 6901)
Sec. 1.
This Act shall be known and may be cited as the "Forest Products
Transportation Act".
(Source: P.A. 77-2801.)
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(225 ILCS 740/2) (from Ch. 96 1/2, par. 6902)
Sec. 2.
As used in this Act, unless the context otherwise requires, the terms
defined in the Sections following this Section and preceding Section 3 have the meanings ascribed to them in
those Sections.
(Source: P.A. 97-333, eff. 8-12-11.)
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(225 ILCS 740/2.01) (from Ch. 96 1/2, par. 6903)
Sec. 2.01.
"Department" means the Department of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
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(225 ILCS 740/2.02) (from Ch. 96 1/2, par. 6904)
Sec. 2.02.
"Tree" or "trees" means any tree, standing or felled, living or dead,
and includes both those trees included within the definition of "timber" in
Section 2 of the Timber Buyers Licensing Act and Christmas trees. The
term does not apply to trees or parts of trees that have been cut into
firewood.
(Source: P.A. 101-81, eff. 7-12-19.)
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(225 ILCS 740/2.03) (from Ch. 96 1/2, par. 6905)
Sec. 2.03.
"Forest product" means logs which can be used for sawing or processing
into lumber for building or structural purposes, for the manufacture of
furniture or for the manufacture of any article.
(Source: P.A. 77-2801.)
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(225 ILCS 740/2.04) (from Ch. 96 1/2, par. 6906)
Sec. 2.04.
"Person" means any person, partnership, firm, association, business
trust or corporation.
(Source: P.A. 77-2801.)
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(225 ILCS 740/2.05) (from Ch. 96 1/2, par. 6907)
Sec. 2.05.
"Timber grower" means the owner, tenant or operator of land in this
State who has an interest in, or is entitled to receive any part of the
proceeds from the sale of timber grown in this State and includes persons
exercising authority to sell timber.
(Source: P.A. 77-2801.)
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(225 ILCS 740/2.06) (from Ch. 96 1/2, par. 6908)
Sec. 2.06.
"Proof of ownership"
means a
printed document provided by the Department that serves as a written bill of
sale and bill of lading. The
information required in this document shall be established by administrative
rule.
(Source: P.A. 92-805, eff. 8-21-02.)
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(225 ILCS 740/2.07) (from Ch. 96 1/2, par. 6909)
Sec. 2.07.
"Owner", when referring to trees or forest products grown or growing on
public lands under the jurisdiction of the federal government, the State or
any unit of local government or school district within the State, means the
person empowered by law, or by action of the corporate authorities of the
governmental entity pursuant to law, to sell or dispose of trees and forest
products from the governmental lands.
(Source: P.A. 77-2801.)
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(225 ILCS 740/3) (from Ch. 96 1/2, par. 6910)
Sec. 3.
Nothing in this Act affects the rights of the owners of trees or forest
products nor imposes any duties or liabilities on them not otherwise
imposed by law. This Act is, rather, intended to protect the rights of the
owners of trees and forest products as well as the interests of the public
in trees and forest products on public lands.
(Source: P.A. 77-2801.)
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(225 ILCS 740/4) (from Ch. 96 1/2, par. 6911)
Sec. 4.
(Repealed).
(Source: P.A. 77-2801. Repealed by P.A. 92-805, eff. 8-21-02.)
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(225 ILCS 740/5) (from Ch. 96 1/2, par. 6912)
Sec. 5.
No person may haul or transport any tree or forest product on the
highways of this State without the written consent of the timber grower
or subsequent seller.
(Source: P.A. 85-294.)
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(225 ILCS 740/6) (from Ch. 96 1/2, par. 6913)
Sec. 6.
Any person hauling or transporting 2 or more trees
and forest products, or either of them, on any highway in
this State shall be required to show proof of ownership as defined
in Section 2.06 of this Act,
except that interstate transporters originating outside of this State and
traveling to destinations within or
outside of this State may show documents in accordance with
federal Motor Carrier Safety Administration rules in
lieu of such proof of ownership.
If that person is unable to show proof of ownership, the
timber and forest products so hauled or transported, and
the vehicle or conveyance used as the means of transportation
may be held by the Department for disposition subject to court
order.
(Source: P.A. 92-805, eff. 8-21-02.)
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(225 ILCS 740/7) (from Ch. 96 1/2, par. 6914)
Sec. 7.
(Repealed).
(Source: P.A. 77-2801. Repealed by P.A. 92-805, eff. 8-21-02.)
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(225 ILCS 740/8) (from Ch. 96 1/2, par. 6915)
Sec. 8.
(Repealed).
(Source: P.A. 77-2801. Repealed by P.A. 92-805, eff. 8-21-02.)
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(225 ILCS 740/9) (from Ch. 96 1/2, par. 6916)
Sec. 9.
This Act does not apply to the removal of any trees or parts of trees or
to their hauling or transportation by the federal government, the State of
Illinois or by any unit of local government within the State of Illinois.
(Source: P.A. 77-2801.)
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(225 ILCS 740/10) (from Ch. 96 1/2, par. 6917)
Sec. 10.
The Department of Natural Resources may
promulgate such rules and regulations as may be necessary or desirable to
effectuate the purposes of this Act.
(Source: P.A. 92-805, eff. 8-21-02.)
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(225 ILCS 740/11) (from Ch. 96 1/2, par. 6918)
Sec. 11.
The Department of Natural Resources shall
enforce this Act. Any law enforcement officer employed by the State or by any
county or municipality within the State has the authority to apprehend persons
violating any provision of this Act and to cooperate with the Department in the
enforcement of this Act.
(Source: P.A. 89-445, eff. 2-7-96.)
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(225 ILCS 740/12) (from Ch. 96 1/2, par. 6919)
Sec. 12.
Except as otherwise provided under this Act, any person
violating any provision of this Act, including
administrative rules, shall be guilty of a Class B
misdemeanor.
(Source: P.A. 85-294.)
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(225 ILCS 740/13) (from Ch. 96 1/2, par. 6920)
Sec. 13.
It shall be unlawful for any person to resist or obstruct any
officer, employee or agent of the Department in the discharge of his duties
under the provisions of this Act.
Violation of this Section shall be a Class A misdemeanor.
(Source: P.A. 85-294.)
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(225 ILCS 740/14)
Sec. 14.
Any timber, forestry, or wood cutting device or equipment,
including
vehicles and
conveyances used or operated in violation of this Act or rules adopted under
this Act or attempted to be
used in violation of this Act or rules adopted under this Act shall be deemed a
public nuisance and
subject to seizure and confiscation by any authorized employee of the
Department. Upon the seizure of
such an item the Department shall take and hold the item until disposed of as
provided in this Section.
Upon the seizure of any property pursuant to this Section, the authorized
employee of the
Department making the seizure shall forthwith cause a complaint to be filed
before the circuit court and a
summons to be issued requiring the person who illegally used or operated or
attempted to use or operate
the property and the owner and person in possession of the property to appear
in court and show cause
why the seized property should not be forfeited to the State. Upon the return
of the summons duly
served or other notice as provided in this Section, the court shall proceed to
determine the question of the
illegality of the use of the seized property and upon judgment being entered to
the effect that the property
was illegally used, an order may be entered providing for the forfeiture of the
seized property to the
Department, which shall thereupon become the property of the Department.
However, the owner of the
property may have a jury determine the illegality of its use and shall have the
right of an appeal as in
other cases. Such a confiscation or forfeiture shall not preclude or mitigate
against prosecution and
assessment of penalties otherwise provided in this Act.
Upon seizure of any property under circumstances supporting a reasonable
belief
that the property
was abandoned, lost, stolen, or otherwise illegally possessed or used contrary
to the provisions of this
Act, except property seized during a search or arrest and ultimately returned,
destroyed, or otherwise
disposed of pursuant to a court order in accordance with this Act, the
authorized employee of the
Department shall make reasonable inquiry and efforts to identify and notify the
owner or other person
entitled to possession thereof and shall return the property after that person
provides reasonable and
satisfactory proof of his or her ownership or right to possession and
reimburses the Department for all
reasonable expenses of such custody. If the identity or location of the owner
or other person entitled to
possession of the property has not been ascertained within 6 months after the
Department obtains
possession, the Department shall effectuate the sale of the property for cash
to the highest bidder at a
public auction. The owner or other person entitled to possession of the
property may claim and recover
possession of the property at any time before its sale at public auction upon
providing reasonable and
satisfactory proof of ownership or right of possession and after reimbursing
the Department for all
reasonable expenses of custody thereof.
Any property forfeited to the State by court order pursuant to this Section
may
be disposed of by
public auction, except that any property that is the subject of such a court
order shall not be disposed of
pending appeal of the order. The proceeds of the sale at auction shall be
deposited in the Illinois
Forestry Development Fund.
The Department shall pay all costs of notices required by this Section.
(Source: P.A. 92-805, eff. 8-21-02.)
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