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92_HB1006eng HB1006 Engrossed LRB9203208LDpr 1 AN ACT in relation to timber. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Timber Buyers Licensing Act is amended by 5 changing Sections 4, 7, 11, and 13 as follows: 6 (225 ILCS 735/4) (from Ch. 111, par. 704) 7 Sec. 4. Bond. Every person licensed as a timber buyer 8 shallhave onfile with the Department, on a form prescribed 9 and furnished by the Department, a performancesuretybond 10 payable to the State of Illinois by and through the 11 Department and conditioned on the faithful performance of and 12 compliance with all requirements of the license and this Act. 13 The bond shall be a surety bond signed by the person to be 14 licensed as principal and by a good and sufficient corporate 15 surety authorized to engage in the business of executing 16 surety bonds within the State of Illinois as surety thereon. 17 In lieu of acorporatesurety bond an applicant for a timber 18 buyers license may, with the approval of the Department, 19 deposit with the Department as security afile a bond signed20by the applicant as principal and accompanied by a bank or21savings and loan associationcertificate of deposit or 22 irrevocable letter of credit of any bank organized or 23 transacting business in the United Statesin a form approved24by the Department, showing to the satisfaction of the25Department that fundsin an amount equal to or greater than 26 the amount of the required bondare on deposit in a bank or27savings and loan association to be held by the bank or28savings and loan association for the period covered by the29license. Such deposits shall be made, held, and disposed of 30 as provided in this Act and by the Department by rule. A 31 bond or certificate of depositThe fundsshall be made HB1006 Engrossed -2- LRB9203208LDpr 1 payable upon demand to the Director, subject to the 2 provisions of this Act, and any rules adopted under this Act, 3 and shall be for the use and benefit of the people of the 4 State of Illinois,andfor the use and benefit of any timber 5 grower from whom the applicant purchased timber and who is 6 not paid by the applicant or for the use and benefit of any 7 timber grower whose timber has been cut by the applicant or 8 licensee or his or her agents,and who has not been paid 9 therefor; or for the use and benefit of any person aggrieved 10 by the actions of the timber buyer.the Department may, in11its discretion, continue the existing bond of any applicant12who has previously been licensed and posted a good and13sufficient bond.14 Such bond shall be in the principal amount of $500 for an 15 applicant who paid timber growers $5,000 or less for timber 16 during the immediate preceding year, and an additional $100 17 for each additional $1,000 or fraction thereof paid to timber 18 growers for timber purchased during the preceding year, but 19 shall not be more than $10,000. In the case of an applicant 20 not previously engaged in business as a timber buyer, the 21 amount of such bond shall be based on the estimated dollar 22 amount to be paid by such timber buyer to timber growers for 23 timber purchased during the next succeeding year, as set 24 forth in the application; such bond shall, in no event, be in 25 the principal amount of less than $500. In the case of a 26 timber buyer whose license has previously been suspended or 27 revoked in Illinois or in any other state, the Department may 28 double the applicable minimum bond amounts under this 29 Section. 30 A bond filed in accordance with this ActSuch bond, or31surety thereon,shall not be cancelled or altered during the 32 period for which the timber buyer remains licensed by the 33 Departmentlicense to the applicant was issuedexcept upon at 34 least 60 days notice in writing to the Department; in the HB1006 Engrossed -3- LRB9203208LDpr 1 event that the applicant has deposited certificates of 2 deposit in lieu of a corporate surety the Department may 3 retain possession of such certificates of deposit for a 4 period of 60 days following the expiration or revocation of 5 his or her license. 6 At any such time as a licensee fails to have the 7 necessary surety bonds, certificates of deposit, or 8 irrevocable letters of creditor bothon deposit with the 9 Department as required herein, the Department may 10 immediately, and without notice, suspend the privileges 11revoke the licenseof such licensee. In the event of such 12 suspensionrevocation, the Department shall give immediate 13 notice of the same to the licensee and shall further 14 reinstate such license upon the posting of the required 15 surety bond,orcertificates of deposit, or irrevocable 16 letters of credit. 17 Bonds shall be in such form and contain such terms and 18 conditions as may be approved from time to time by the 19 Director, be conditioned to secure an honest cutting and 20 accounting for timber purchased by the licensee, secure 21 payment to the timber growers and to insure the timber 22 growers against all fraudulent acts of the licensee in the 23 purchase and cutting of the timber of this State. 24 In the event the timber buyer fails to pay when owingdue25 any amount due a timber grower for timber purchased, or fails 26 to pay judicially determined damages for timber wrongfully 27 cut by a timber buyer or his agent, whether such wrongful 28 cutting has occurred on or adjacent to the land which was the 29 subject of timber purchase from a timber grower, or commits 30 any violation of this Act, then an action on the bond or 31 deposit for forfeiture may be commenced. Such action is not 32 exclusive and is in addition to any other judicial remedies 33 available. 34 In the event that the timber grower or owner of timber HB1006 Engrossed -4- LRB9203208LDpr 1 cut considers himself or herself aggrieved by a timber buyer, 2 he or she shall notify the Department in writing of such 3 grievance and thereafter the Department shall within 10 days 4 give written notice to the timber buyer of the alleged 5 violation of this Act or of any violation or noncompliance 6 with the regulations hereunder of which the timber grower or 7 owner of timber complains. The written notice to the timber 8 buyer shall be from the Department by registered or certified 9 mail to the licensee and his or her sureties stating in 10 general terms the nature of the violation and that an action 11 seeking forfeiture of the bond may be commenced at any time 12 after the 10 days from the date of said notice if at the end 13 of that period the violation still remains. In the event the 14 Department shall fail to give notice to the timber buyer as 15 provided herein, the timber grower or owner of timber cut may 16 commence his or her own action for forfeiture of the 17 licensee's bond. 18 The timber buyer, after receiving notice from the 19 Department as provided herein, may within 10 days from the 20 date of such notice, request in writing to appear and be 21 heard regarding the alleged violation. 22 Upon such request from the timber buyer, the Department 23 shall schedule a hearing, designating the time and place 24 thereof. At such hearing the timber buyer may present for 25 consideration of the Department any evidence, statements, 26 documents or other information relevant to the alleged 27 violation. The hearing shall be presided over by the Director 28 or by any hearing officer he or she may designate. The 29 hearing officer shall take evidence offered by the timber 30 buyer or the Department and shall, if requested by the 31 Department, submit his or her conclusions and findings which 32 shall be advisory to the Director. Any hearings provided for 33 in this Section shall be commenced within 30 days from the 34 request therefor. HB1006 Engrossed -5- LRB9203208LDpr 1 Should the timber buyer fail to make timely request for a 2 hearing after receipt of the notice from the Department as 3 provided herein, or after a hearing is concluded, the 4 Department may either withdraw the notice of violation or 5 request the Attorney General to institute proceedings to have 6 the bond of the timber buyer forfeited. The Attorney General, 7 upon such request from the Department, shall institute 8 proceedings to have the bond of the timber buyer forfeited 9 for violation of any of the provisions of this Act or for 10 noncompliance with any Department regulation. 11 In the event that the licensee's bond is forfeited, the 12 proceeds thereof shall first be applied to any sums 13 determined to be owed to the timber grower or owner of timber 14 cut and then to the Department to defray expenses incurred by 15 the Department in converting the security into money. 16 Thereafter, the Department shall pay such excess to the 17 timber buyer who furnished such security. 18 In the event the Department realizes less than the amount 19 of liability from the security, after deducting expenses 20 incurred by the Department in converting the security into 21 money, it shall be grounds for the revocation of the timber 22 buyer's license. 23 (Source: P.A. 83-1362.) 24 (225 ILCS 735/7) (from Ch. 111, par. 707) 25 Sec. 7. License; issuance, validity, and renewal; 26 certificate. If the Department is satisfied that the 27 applicant has fulfilled the requirements and if the bond and 28 sureties or bank certificate of deposit filed by the 29 applicant is approved, the Department mayshallissue a 30 license to the applicant. The licenses issued shall be valid 31 for a calendar year and may be renewed annually. A copy of 32 the license certificate issued by the Department shall be 33 posted in the principal office of the licensee in this State. HB1006 Engrossed -6- LRB9203208LDpr 1 The timber buyer identification card issued by the Department 2 shall be carried upon the person of the timber buyer when 3 conducting activities covered under this Act for immediate 4 presentation for inspection to the officers and authorized 5 employees of the Department, any sheriff, deputy sheriff, or 6 any other peace officer making demand for it. 7 Upon request for a license and payment of the fee, the 8 Department shall issue to the licensee a certificate that a 9 license has been granted and a bond filed as required by this 10 Act. 11 (Source: P.A. 76-1307.) 12 (225 ILCS 735/11) (from Ch. 111, par. 711) 13 Sec. 11. Penalties. 14 (a) Except as otherwise provided in this Section any 15 person in violation of any of the provisions of this Act, or 16 administrative rules thereunder, shall be guilty of a Class A 17 misdemeanor. 18 (a-5) Any person convicted of violating Section 3 of this 19 Act shall be guilty of a Class A misdemeanor and fined at 20 least $500 but no more than $5,000 for a first offense and 21 guilty of a Class A misdemeanor and fined at least $1,000 but 22 no more than $5,000 for a second or subsequent offense. 23 (b) Any person convicted of violating subsections (a) or 24 (b) of Section 5 of this Act is guilty of a Class 4 felony if 25 the aggregate value of the timber purchased, cut, caused to 26 be cut or appropriated is over $300 but not more than $2,500. 27 (c) A person convicted of violating subsection (f) of 28 Section 5 of this Act is guilty of a Class A misdemeanor. A 29 person convicted of a second or subsequent violation is 30 guilty of a Class 4 felony. 31 (c-5) Any person convicted of violating subsection (a) 32 or (b) of Section 5 of this Act is guilty of a Class 3 felony 33 if the aggregate value of the timber purchased, cut, caused HB1006 Engrossed -7- LRB9203208LDpr 1 to be cut or appropriated is over $2,500 but not more than 2 $10,000. 3 (c-10) Any person convicted of violating subsection (a) 4 or (b) of Section 5 of this Act is guilty of a Class 2 felony 5 if the aggregate value of the timber purchased, cut, caused 6 to be cut or appropriated is over $10,000. 7 (d) All amounts collected as fines imposed as penalties 8 for violation of this Act shall be deposited in the Illinois 9 Forestry Development Fund for the purposes of the "Illinois 10 Forestry Development Act". 11 (e) In case of a failure to pay any harvest fee required 12 under Section 9a of this Act on the date as required by 13 regulation of the Department, there shall be added as a 14 penalty an amount equal to 7.5% of the harvest fee due the 15 Department for each month or fraction thereof during which 16 such failure continues, not to exceed 37.5% in the aggregate. 17 This penalty shall be in addition to any other penalty 18 determined under this Act. 19 (f) In case of failure to file the appropriate report of 20 the purchase harvest fee form stipulated under Section 9a of 21 this Act on the date prescribed therefore, a penalty in the 22 amount of $25 for each individual report shall be added to 23 the amount due the Department. This penalty shall be in 24 addition to any other penalty determined under this Act. 25 (Source: P.A. 86-208.) 26 (225 ILCS 735/13) (from Ch. 111, par. 713) 27 Sec. 13. License revocation. 28 (a) The Department may revoke the license of any person 29 who violates the provisions of this Act, and may refuse to 30 issue any permit or license to such person for a period not 31 to exceed 5 years following such revocation. 32 License revocation procedures shall be established by 33 administrative rule. HB1006 Engrossed -8- LRB9203208LDpr 1 (b) Whenever the holder of a license issued under this 2 Act is found guilty of any misrepresentation in obtaining his 3 or her license or of a violation of any of the provisions of 4 this Act or rules adopted pursuant to this Act, the 5 Department may: 6 (1) revoke his or her license; 7 (2) refuse to issue a license to that person; and 8 (3) suspend the person from engaging in the 9 activity requiring the license for up to 5 years 10 following the revocation. 11 (c) Whenever the holder of a license issued under this 12 Act is found guilty of any misrepresentation in obtaining his 13 or her license or of a violation of any of the provisions of 14 this Act or rules adopted pursuant to this Act, and his or 15 her license has been previously revoked or his or her ability 16 to engage in the activity requiring the license has been 17 previously suspended, the Department may: 18 (1) revoke his or her license; 19 (2) refuse to issue any license to that person; and 20 (3) suspend the person from engaging in the 21 activity requiring the license for at least 5 years but 22 not more than 10 years following the revocation or 23 suspension. 24 (d) Whenever the holder of a license issued under this 25 Act is found guilty of any misrepresentation in obtaining 26 that license or of a violation of any of the provisions of 27 this Act or rules adopted under this Act, and his or her 28 license has been previously revoked or his or her ability to 29 engage in the activity requiring the license has been 30 suspended on 2 or more occasions, the Department may: 31 (1) revoke his or her license; 32 (2) refuse to issue any license to that person; and 33 (3) suspend the person from engaging in the 34 activity requiring the license for at least 10 years HB1006 Engrossed -9- LRB9203208LDpr 1 following the revocation or suspension. Department 2 revocation procedures shall be established by 3 administrative rule. 4 If the holder of a license is found negligent with 5 respect to any duty required under this Act, the Department 6 may suspend or revoke his or her privilege to engage in the 7 activity for which the license is required, his or her 8 license, or both. 9 (e) Whenever a person who has not been issued a license 10 under this Act is found guilty of a violation of the 11 provisions of this Act or rules adopted under this Act, the 12 Department may: 13 (1) refuse to issue any license to that person; and 14 (2) suspend that person from engaging in the 15 activity requiring the license for up to 5 years 16 following the revocation. 17 (f) Whenever a person who has not been issued a license 18 under this Act is found guilty of a violation of this Act or 19 rules adopted under this Act and his or her license has been 20 previously revoked or his or her ability to engage in the 21 activity requiring the license has been previously suspended, 22 the Department may: 23 (1) refuse to issue any license to that person; and 24 (2) suspend that person from engaging in the 25 activity requiring the license for at least 5 years but 26 not more than 10 years following the revocation or 27 suspension. 28 (g) Whenever a person who has not been issued a license 29 under this Act is found guilty of a violation of this Act or 30 rules adopted under this Act and his or her license has been 31 previously revoked or his or her ability to engage in the 32 activity requiring the license has been suspended on 2 or 33 more occasions, the Department may: 34 (1) refuse to issue any license to that person; and HB1006 Engrossed -10- LRB9203208LDpr 1 (2) suspend that person from engaging in the 2 activity requiring the license for at least 10 years 3 following the revocation or suspension. 4 (h) Licenses authorized under this Act shall be prepared 5 by the Department and be in such form as prescribed by the 6 Department. The information required on each license shall 7 be completed thereon by the issuing agent at the time of 8 issuance and each license shall be signed by the licensee. 9 All such licenses shall be supplied by the Department, 10 subject to such rules as the Department may prescribe. Any 11 license that is not properly prepared, obtained, and signed 12 as required by this Act shall be void. 13 (i) Any person whose license to engage in an activity 14 regulated by this Act has been revoked or whose ability to 15 engage in the activity requiring the license has been 16 suspended may not, during the period of suspension or 17 revocation: 18 (1) hold any license authorized by this Act; 19 (2) perform directly or indirectly any privileges 20 authorized by any license issued in accordance with this 21 Act; or 22 (3) buy, sell, barter, trade, or take possession of 23 any timber as defined in this Act, regardless of any 24 contractual agreements entered into prior to the 25 revocation or suspension. 26 (j) No person may be issued a license or engage in any 27 activity regulated by this Act for which a license is 28 required during the time that the person's privilege to 29 engage in the same or similar activities is suspended or 30 revoked by another state, by a federal agency, or by a 31 province of Canada. 32 Any person who knowingly or intentionally violates any of 33 the provisions of this Act, or administrative rules 34 thereunder, when his or her licenseor permithas been HB1006 Engrossed -11- LRB9203208LDpr 1 revoked or denied or his or her ability to engage in the 2 activity requiring the license has been suspended under this 3 Section, is guilty of a Class 4 felony. 4 (Source: P.A. 85-287.) 5 Section 10. The Forest Products Transportation Act is 6 amended by changing Sections 2.06, 6, and 10 and adding 7 Section 14 as follows: 8 (225 ILCS 740/2.06) (from Ch. 96 1/2, par. 6908) 9 Sec. 2.06. "Proof of ownership" means a printed document 10 provided by the Department that serves as a written bill of 11 sale and bill of lading. The information required in this 12 document shall be established by administrative rule. 13includes a written bill of sale, a written bill of lading or14a written or printed document containing the minimum15information required by the Department by rule.16 (Source: P.A. 86-208.) 17 (225 ILCS 740/6) (from Ch. 96 1/2, par. 6913) 18 Sec. 6. Any person hauling or transporting 2 or more 19 trees and forest products, or either of them, on any highway 20 in this State shall be required to show proof of ownership as 21 defined in Section 2.06 of this Act, except that interstate 22 transporters originating outside of this State and traveling 23 to destinations within or outside of this State may show 24 documents in accordance with Illinois Commerce Commission 25 rules in lieu of such proof of ownership. 26 If that person is unable to show proof of ownership, the 27 timber and forest products so hauled or transported, and the 28 vehicle or conveyance used as the means of transportation may 29 be held by the Department for disposition subject to court 30 order. 31 (Source: P.A. 86-208.) HB1006 Engrossed -12- LRB9203208LDpr 1 (225 ILCS 740/10) (from Ch. 96 1/2, par. 6917) 2 Sec. 10. The Department of Natural Resources may 3 promulgate such rules and regulations as may be necessary or 4 desirable to effectuate the purposes of this Act.The5Department may make available at a reasonable cost the6decals, logos and tags authorized to be used by licensed7timber growers under Section 8.8 (Source: P.A. 89-445, eff. 2-7-96.) 9 (225 ILCS 740/14 new) 10 Sec. 14. Any timber, forestry, or wood cutting device or 11 equipment, including vehicles and conveyances used or 12 operated in violation of this Act or rules adopted under this 13 Act or attempted to be used in violation of this Act or rules 14 adopted under this Act shall be deemed a public nuisance and 15 subject to seizure and confiscation by any authorized 16 employee of the Department. Upon the seizure of such an item 17 the Department shall take and hold the item until disposed of 18 as provided in this Section. 19 Upon the seizure of any property pursuant to this 20 Section, the authorized employee of the Department making the 21 seizure shall forthwith cause a complaint to be filed before 22 the circuit court and a summons to be issued requiring the 23 person who illegally used or operated or attempted to use or 24 operate the property and the owner and person in possession 25 of the property to appear in court and show cause why the 26 seized property should not be forfeited to the State. Upon 27 the return of the summons duly served or other notice as 28 provided in this Section, the court shall proceed to 29 determine the question of the illegality of the use of the 30 seized property and upon judgment being entered to the effect 31 that the property was illegally used, an order may be entered 32 providing for the forfeiture of the seized property to the 33 Department, which shall thereupon become the property of the HB1006 Engrossed -13- LRB9203208LDpr 1 Department. However, the owner of the property may have a 2 jury determine the illegality of its use and shall have the 3 right of an appeal as in other cases. Such a confiscation or 4 forfeiture shall not preclude or mitigate against prosecution 5 and assessment of penalties otherwise provided in this Act. 6 Upon seizure of any property under circumstances 7 supporting a reasonable belief that the property was 8 abandoned, lost, stolen, or otherwise illegally possessed or 9 used contrary to the provisions of this Act, except property 10 seized during a search or arrest and ultimately returned, 11 destroyed, or otherwise disposed of pursuant to a court order 12 in accordance with this Act, the authorized employee of the 13 Department shall make reasonable inquiry and efforts to 14 identify and notify the owner or other person entitled to 15 possession thereof and shall return the property after that 16 person provides reasonable and satisfactory proof of his or 17 her ownership or right to possession and reimburses the 18 Department for all reasonable expenses of such custody. If 19 the identity or location of the owner or other person 20 entitled to possession of the property has not been 21 ascertained within 6 months after the Department obtains 22 possession, the Department shall effectuate the sale of the 23 property for cash to the highest bidder at a public auction. 24 The owner or other person entitled to possession of the 25 property may claim and recover possession of the property at 26 any time before its sale at public auction upon providing 27 reasonable and satisfactory proof of ownership or right of 28 possession and after reimbursing the Department for all 29 reasonable expenses of custody thereof. 30 Any property forfeited to the State by court order 31 pursuant to this Section may be disposed of by public 32 auction, except that any property that is the subject of such 33 a court order shall not be disposed of pending appeal of the 34 order. The proceeds of the sale at auction shall be HB1006 Engrossed -14- LRB9203208LDpr 1 deposited in the Illinois Forestry Development Fund. 2 The Department shall pay all costs of notices required by 3 this Section. 4 (225 ILCS 740/4 rep.) 5 (225 ILCS 740/7 rep.) 6 (225 ILCS 740/8 rep.) 7 Section 15. The Forest Products Transportation Act is 8 amended by repealing Sections 4, 7, and 8.