[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 001 ] | [ Conference Committee Report 001 ] |
92_HB1006ham001
LRB9203208LDpram02
1 AMENDMENT TO HOUSE BILL 1006
2 AMENDMENT NO. . Amend House Bill 1006 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Timber Buyers Licensing Act is amended
5 by 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 shall have on file with the Department, on a form prescribed
9 and furnished by the Department, a performance surety bond
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 a corporate surety bond an applicant for a timber
18 buyers license may, with the approval of the Department,
19 deposit with the Department as security a file a bond signed
20 by the applicant as principal and accompanied by a bank or
21 savings and loan association certificate of deposit or
22 irrevocable letter of credit of any bank organized or
-2- LRB9203208LDpram02
1 transacting business in the United States in a form approved
2 by the Department, showing to the satisfaction of the
3 Department that funds in an amount equal to or greater than
4 the amount of the required bond are on deposit in a bank or
5 savings and loan association to be held by the bank or
6 savings and loan association for the period covered by the
7 license. Such deposits shall be made, held, and disposed of
8 as provided in this Act and by the Department by rule. A
9 bond or certificate of deposit The funds shall be made
10 payable upon demand to the Director, subject to the
11 provisions of this Act, and any rules adopted under this Act,
12 and shall be for the use and benefit of the people of the
13 State of Illinois, and for the use and benefit of any timber
14 grower from whom the applicant purchased timber and who is
15 not paid by the applicant or for the use and benefit of any
16 timber grower whose timber has been cut by the applicant or
17 licensee or his or her agents, and who has not been paid
18 therefor; or for the use and benefit of any person aggrieved
19 by the actions of the timber buyer. the Department may, in
20 its discretion, continue the existing bond of any applicant
21 who has previously been licensed and posted a good and
22 sufficient bond.
23 Such bond shall be in the principal amount of $500 for an
24 applicant who paid timber growers $5,000 or less for timber
25 during the immediate preceding year, and an additional $100
26 for each additional $1,000 or fraction thereof paid to timber
27 growers for timber purchased during the preceding year, but
28 shall not be more than $10,000. In the case of an applicant
29 not previously engaged in business as a timber buyer, the
30 amount of such bond shall be based on the estimated dollar
31 amount to be paid by such timber buyer to timber growers for
32 timber purchased during the next succeeding year, as set
33 forth in the application; such bond shall, in no event, be in
34 the principal amount of less than $500. In the case of a
-3- LRB9203208LDpram02
1 timber buyer whose license has previously been suspended or
2 revoked in Illinois or in any other state, the Department may
3 double the applicable minimum bond amounts under this
4 Section.
5 A bond filed in accordance with this Act Such bond, or
6 surety thereon, shall not be cancelled or altered during the
7 period for which the timber buyer remains licensed by the
8 Department license to the applicant was issued except upon at
9 least 60 days notice in writing to the Department; in the
10 event that the applicant has deposited certificates of
11 deposit in lieu of a corporate surety the Department may
12 retain possession of such certificates of deposit for a
13 period of 60 days following the expiration or revocation of
14 his or her license.
15 At any such time as a licensee fails to have the
16 necessary surety bonds, certificates of deposit, or
17 irrevocable letters of credit or both on deposit with the
18 Department as required herein, the Department may
19 immediately, and without notice, suspend the privileges
20 revoke the license of such licensee. In the event of such
21 suspension revocation, the Department shall give immediate
22 notice of the same to the licensee and shall further
23 reinstate such license upon the posting of the required
24 surety bond, or certificates of deposit, or irrevocable
25 letters of credit.
26 Bonds shall be in such form and contain such terms and
27 conditions as may be approved from time to time by the
28 Director, be conditioned to secure an honest cutting and
29 accounting for timber purchased by the licensee, secure
30 payment to the timber growers and to insure the timber
31 growers against all fraudulent acts of the licensee in the
32 purchase and cutting of the timber of this State.
33 In the event the timber buyer fails to pay when owing due
34 any amount due a timber grower for timber purchased, or fails
-4- LRB9203208LDpram02
1 to pay judicially determined damages for timber wrongfully
2 cut by a timber buyer or his agent, whether such wrongful
3 cutting has occurred on or adjacent to the land which was the
4 subject of timber purchase from a timber grower, or commits
5 any violation of this Act, then an action on the bond or
6 deposit for forfeiture may be commenced. Such action is not
7 exclusive and is in addition to any other judicial remedies
8 available.
9 In the event that the timber grower or owner of timber
10 cut considers himself or herself aggrieved by a timber buyer,
11 he or she shall notify the Department in writing of such
12 grievance and thereafter the Department shall within 10 days
13 give written notice to the timber buyer of the alleged
14 violation of this Act or of any violation or noncompliance
15 with the regulations hereunder of which the timber grower or
16 owner of timber complains. The written notice to the timber
17 buyer shall be from the Department by registered or certified
18 mail to the licensee and his or her sureties stating in
19 general terms the nature of the violation and that an action
20 seeking forfeiture of the bond may be commenced at any time
21 after the 10 days from the date of said notice if at the end
22 of that period the violation still remains. In the event the
23 Department shall fail to give notice to the timber buyer as
24 provided herein, the timber grower or owner of timber cut may
25 commence his or her own action for forfeiture of the
26 licensee's bond.
27 The timber buyer, after receiving notice from the
28 Department as provided herein, may within 10 days from the
29 date of such notice, request in writing to appear and be
30 heard regarding the alleged violation.
31 Upon such request from the timber buyer, the Department
32 shall schedule a hearing, designating the time and place
33 thereof. At such hearing the timber buyer may present for
34 consideration of the Department any evidence, statements,
-5- LRB9203208LDpram02
1 documents or other information relevant to the alleged
2 violation. The hearing shall be presided over by the Director
3 or by any hearing officer he or she may designate. The
4 hearing officer shall take evidence offered by the timber
5 buyer or the Department and shall, if requested by the
6 Department, submit his or her conclusions and findings which
7 shall be advisory to the Director. Any hearings provided for
8 in this Section shall be commenced within 30 days from the
9 request therefor.
10 Should the timber buyer fail to make timely request for a
11 hearing after receipt of the notice from the Department as
12 provided herein, or after a hearing is concluded, the
13 Department may either withdraw the notice of violation or
14 request the Attorney General to institute proceedings to have
15 the bond of the timber buyer forfeited. The Attorney General,
16 upon such request from the Department, shall institute
17 proceedings to have the bond of the timber buyer forfeited
18 for violation of any of the provisions of this Act or for
19 noncompliance with any Department regulation.
20 In the event that the licensee's bond is forfeited, the
21 proceeds thereof shall first be applied to any sums
22 determined to be owed to the timber grower or owner of timber
23 cut and then to the Department to defray expenses incurred by
24 the Department in converting the security into money.
25 Thereafter, the Department shall pay such excess to the
26 timber buyer who furnished such security.
27 In the event the Department realizes less than the amount
28 of liability from the security, after deducting expenses
29 incurred by the Department in converting the security into
30 money, it shall be grounds for the revocation of the timber
31 buyer's license.
32 (Source: P.A. 83-1362.)
33 (225 ILCS 735/7) (from Ch. 111, par. 707)
-6- LRB9203208LDpram02
1 Sec. 7. License; issuance, validity, and renewal;
2 certificate. If the Department is satisfied that the
3 applicant has fulfilled the requirements and if the bond and
4 sureties or bank certificate of deposit filed by the
5 applicant is approved, the Department may shall issue a
6 license to the applicant. The licenses issued shall be valid
7 for a calendar year and may be renewed annually. A copy of
8 the license certificate issued by the Department shall be
9 posted in the principal office of the licensee in this State.
10 The timber buyer identification card issued by the Department
11 shall be carried upon the person of the timber buyer when
12 conducting activities covered under this Act for immediate
13 presentation for inspection to the officers and authorized
14 employees of the Department, any sheriff, deputy sheriff, or
15 any other peace officer making demand for it.
16 Upon request for a license and payment of the fee, the
17 Department shall issue to the licensee a certificate that a
18 license has been granted and a bond filed as required by this
19 Act.
20 (Source: P.A. 76-1307.)
21 (225 ILCS 735/11) (from Ch. 111, par. 711)
22 Sec. 11. Penalties.
23 (a) Except as otherwise provided in this Section any
24 person in violation of any of the provisions of this Act, or
25 administrative rules thereunder, shall be guilty of a Class A
26 misdemeanor.
27 (a-5) Any person convicted of violating Section 3 of this
28 Act shall be guilty of a Class A misdemeanor and fined at
29 least $500 but no more than $5,000 for a first offense and
30 guilty of a Class A misdemeanor and fined at least $1,000 but
31 no more than $5,000 for a second or subsequent offense.
32 (b) Any person convicted of violating subsections (a) or
33 (b) of Section 5 of this Act is guilty of a Class 4 felony if
-7- LRB9203208LDpram02
1 the aggregate value of the timber purchased, cut, caused to
2 be cut or appropriated is over $300 but not more than $2,500.
3 (c) A person convicted of violating subsection (f) of
4 Section 5 of this Act is guilty of a Class A misdemeanor. A
5 person convicted of a second or subsequent violation is
6 guilty of a Class 4 felony.
7 (c-5) Any person convicted of violating subsection (a)
8 or (b) of Section 5 of this Act is guilty of a Class 3 felony
9 if the aggregate value of the timber purchased, cut, caused
10 to be cut or appropriated is over $2,500 but not more than
11 $10,000.
12 (c-10) Any person convicted of violating subsection (a)
13 or (b) of Section 5 of this Act is guilty of a Class 2 felony
14 if the aggregate value of the timber purchased, cut, caused
15 to be cut or appropriated is over $10,000.
16 (d) All amounts collected as fines imposed as penalties
17 for violation of this Act shall be deposited in the Illinois
18 Forestry Development Fund for the purposes of the "Illinois
19 Forestry Development Act".
20 (e) In case of a failure to pay any harvest fee required
21 under Section 9a of this Act on the date as required by
22 regulation of the Department, there shall be added as a
23 penalty an amount equal to 7.5% of the harvest fee due the
24 Department for each month or fraction thereof during which
25 such failure continues, not to exceed 37.5% in the aggregate.
26 This penalty shall be in addition to any other penalty
27 determined under this Act.
28 (f) In case of failure to file the appropriate report of
29 the purchase harvest fee form stipulated under Section 9a of
30 this Act on the date prescribed therefore, a penalty in the
31 amount of $25 for each individual report shall be added to
32 the amount due the Department. This penalty shall be in
33 addition to any other penalty determined under this Act.
34 (Source: P.A. 86-208.)
-8- LRB9203208LDpram02
1 (225 ILCS 735/13) (from Ch. 111, par. 713)
2 Sec. 13. License revocation.
3 (a) The Department may revoke the license of any person
4 who violates the provisions of this Act, and may refuse to
5 issue any permit or license to such person for a period not
6 to exceed 5 years following such revocation.
7 License revocation procedures shall be established by
8 administrative rule.
9 (b) Whenever the holder of a license issued under this
10 Act is found guilty of any misrepresentation in obtaining his
11 or her license or of a violation of any of the provisions of
12 this Act or rules adopted pursuant to this Act, the
13 Department may:
14 (1) revoke his or her license;
15 (2) refuse to issue a license to that person; and
16 (3) suspend the person from engaging in the
17 activity requiring the license for up to 5 years
18 following the revocation.
19 (c) Whenever the holder of a license issued under this
20 Act is found guilty of any misrepresentation in obtaining his
21 or her license or of a violation of any of the provisions of
22 this Act or rules adopted pursuant to this Act, and his or
23 her license has been previously revoked or his or her ability
24 to engage in the activity requiring the license has been
25 previously suspended, the Department may:
26 (1) revoke his or her license;
27 (2) refuse to issue any license to that person; and
28 (3) suspend the person from engaging in the
29 activity requiring the license for at least 5 years but
30 not more than 10 years following the revocation or
31 suspension.
32 (d) Whenever the holder of a license issued under this
33 Act is found guilty of any misrepresentation in obtaining
34 that license or of a violation of any of the provisions of
-9- LRB9203208LDpram02
1 this Act or rules adopted under this Act, and his or her
2 license has been previously revoked or his or her ability to
3 engage in the activity requiring the license has been
4 suspended on 2 or more occasions, the Department may:
5 (1) revoke his or her license;
6 (2) refuse to issue any license to that person; and
7 (3) suspend the person from engaging in the
8 activity requiring the license for at least 10 years
9 following the revocation or suspension. Department
10 revocation procedures shall be established by
11 administrative rule.
12 If the holder of a license is found negligent with
13 respect to any duty required under this Act, the Department
14 may suspend or revoke his or her privilege to engage in the
15 activity for which the license is required, his or her
16 license, or both.
17 (e) Whenever a person who has not been issued a license
18 under this Act is found guilty of a violation of the
19 provisions of this Act or rules adopted under this Act, the
20 Department may:
21 (1) refuse to issue any license to that person; and
22 (2) suspend that person from engaging in the
23 activity requiring the license for up to 5 years
24 following the revocation.
25 (f) Whenever a person who has not been issued a license
26 under this Act is found guilty of a violation of this Act or
27 rules adopted under this Act and his or her license has been
28 previously revoked or his or her ability to engage in the
29 activity requiring the license has been previously suspended,
30 the Department may:
31 (1) refuse to issue any license to that person; and
32 (2) suspend that person from engaging in the
33 activity requiring the license for at least 5 years but
34 not more than 10 years following the revocation or
-10- LRB9203208LDpram02
1 suspension.
2 (g) Whenever a person who has not been issued a license
3 under this Act is found guilty of a violation of this Act or
4 rules adopted under this Act and his or her license has been
5 previously revoked or his or her ability to engage in the
6 activity requiring the license has been suspended on 2 or
7 more occasions, the Department may:
8 (1) refuse to issue any license to that person; and
9 (2) suspend that person from engaging in the
10 activity requiring the license for at least 10 years
11 following the revocation or suspension.
12 (h) Licenses authorized under this Act shall be prepared
13 by the Department and be in such form as prescribed by the
14 Department. The information required on each license shall
15 be completed thereon by the issuing agent at the time of
16 issuance and each license shall be signed by the licensee.
17 All such licenses shall be supplied by the Department,
18 subject to such rules as the Department may prescribe. Any
19 license that is not properly prepared, obtained, and signed
20 as required by this Act shall be void.
21 (i) Any person whose license to engage in an activity
22 regulated by this Act has been revoked or whose ability to
23 engage in the activity requiring the license has been
24 suspended may not, during the period of suspension or
25 revocation:
26 (1) hold any license authorized by this Act;
27 (2) perform directly or indirectly any privileges
28 authorized by any license issued in accordance with this
29 Act; or
30 (3) buy, sell, barter, trade, or take possession of
31 any timber as defined in this Act, regardless of any
32 contractual agreements entered into prior to the
33 revocation or suspension.
34 (j) No person may be issued a license or engage in any
-11- LRB9203208LDpram02
1 activity regulated by this Act for which a license is
2 required during the time that the person's privilege to
3 engage in the same or similar activities is suspended or
4 revoked by another state, by a federal agency, or by a
5 province of Canada.
6 Any person who knowingly or intentionally violates any of
7 the provisions of this Act, or administrative rules
8 thereunder, when his or her license or permit has been
9 revoked or denied or his or her ability to engage in the
10 activity requiring the license has been suspended under this
11 Section, is guilty of a Class 4 felony.
12 (Source: P.A. 85-287.)
13 Section 10. The Forest Products Transportation Act is
14 amended by changing Sections 2.06, 6, and 10 and adding
15 Section 14 as follows:
16 (225 ILCS 740/2.06) (from Ch. 96 1/2, par. 6908)
17 Sec. 2.06. "Proof of ownership" means a printed document
18 provided by the Department that serves as a written bill of
19 sale and bill of lading. The information required in this
20 document shall be established by administrative rule.
21 includes a written bill of sale, a written bill of lading or
22 a written or printed document containing the minimum
23 information required by the Department by rule.
24 (Source: P.A. 86-208.)
25 (225 ILCS 740/6) (from Ch. 96 1/2, par. 6913)
26 Sec. 6. Any person hauling or transporting 2 or more
27 trees and forest products, or either of them, on any highway
28 in this State shall be required to show proof of ownership as
29 defined in Section 2.06 of this Act, except that interstate
30 transporters originating outside of this State and traveling
31 to destinations within or outside of this State may show
-12- LRB9203208LDpram02
1 documents in accordance with Illinois Commerce Commission
2 rules in lieu of such proof of ownership.
3 If that person is unable to show proof of ownership, the
4 timber and forest products so hauled or transported, and the
5 vehicle or conveyance used as the means of transportation may
6 be held by the Department for disposition subject to court
7 order.
8 (Source: P.A. 86-208.)
9 (225 ILCS 740/10) (from Ch. 96 1/2, par. 6917)
10 Sec. 10. The Department of Natural Resources may
11 promulgate such rules and regulations as may be necessary or
12 desirable to effectuate the purposes of this Act. The
13 Department may make available at a reasonable cost the
14 decals, logos and tags authorized to be used by licensed
15 timber growers under Section 8.
16 (Source: P.A. 89-445, eff. 2-7-96.)
17 (225 ILCS 740/14 new)
18 Sec. 14. Any timber, forestry, or wood cutting device or
19 equipment, including vehicles and conveyances used or
20 operated in violation of this Act or rules adopted under this
21 Act or attempted to be used in violation of this Act or rules
22 adopted under this Act shall be deemed a public nuisance and
23 subject to seizure and confiscation by any authorized
24 employee of the Department. Upon the seizure of such an item
25 the Department shall take and hold the item until disposed of
26 as provided in this Section.
27 Upon the seizure of any property pursuant to this
28 Section, the authorized employee of the Department making the
29 seizure shall forthwith cause a complaint to be filed before
30 the circuit court and a summons to be issued requiring the
31 person who illegally used or operated or attempted to use or
32 operate the property and the owner and person in possession
-13- LRB9203208LDpram02
1 of the property to appear in court and show cause why the
2 seized property should not be forfeited to the State. Upon
3 the return of the summons duly served or other notice as
4 provided in this Section, the court shall proceed to
5 determine the question of the illegality of the use of the
6 seized property and upon judgment being entered to the effect
7 that the property was illegally used, an order may be entered
8 providing for the forfeiture of the seized property to the
9 Department, which shall thereupon become the property of the
10 Department. However, the owner of the property may have a
11 jury determine the illegality of its use and shall have the
12 right of an appeal as in other cases. Such a confiscation or
13 forfeiture shall not preclude or mitigate against prosecution
14 and assessment of penalties otherwise provided in this Act.
15 Upon seizure of any property under circumstances
16 supporting a reasonable belief that the property was
17 abandoned, lost, stolen, or otherwise illegally possessed or
18 used contrary to the provisions of this Act, except property
19 seized during a search or arrest and ultimately returned,
20 destroyed, or otherwise disposed of pursuant to a court order
21 in accordance with this Act, the authorized employee of the
22 Department shall make reasonable inquiry and efforts to
23 identify and notify the owner or other person entitled to
24 possession thereof and shall return the property after that
25 person provides reasonable and satisfactory proof of his or
26 her ownership or right to possession and reimburses the
27 Department for all reasonable expenses of such custody. If
28 the identity or location of the owner or other person
29 entitled to possession of the property has not been
30 ascertained within 6 months after the Department obtains
31 possession, the Department shall effectuate the sale of the
32 property for cash to the highest bidder at a public auction.
33 The owner or other person entitled to possession of the
34 property may claim and recover possession of the property at
-14- LRB9203208LDpram02
1 any time before its sale at public auction upon providing
2 reasonable and satisfactory proof of ownership or right of
3 possession and after reimbursing the Department for all
4 reasonable expenses of custody thereof.
5 Any property forfeited to the State by court order
6 pursuant to this Section may be disposed of by public
7 auction, except that any property that is the subject of such
8 a court order shall not be disposed of pending appeal of the
9 order. The proceeds of the sale at auction shall be
10 deposited in the Illinois Forestry Development Fund.
11 The Department shall pay all costs of notices required by
12 this Section.
13 (225 ILCS 740/4 rep.)
14 (225 ILCS 740/7 rep.)
15 (225 ILCS 740/8 rep.)
16 Section 15. The Forest Products Transportation Act is
17 amended by repealing Sections 4, 7, and 8.".