92nd General Assembly
Summary of HB1006
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House Sponsors:
RIGHTER-BLACK.

Senate Sponsors:
MYERS

Short description: 
TIMBER-LICENSE-REGISTR-PENALTY                                             

Synopsis of Bill as introduced:
        Amends the Timber Buyers Licensing Act.  Expands  the  definition      
   of  "timber  buyer" to include the agent or representative of a person      
   who is engaged in the business of buying timber from the timber grower      
   thereof for sawing into lumber, possessing, or  resale.   Deletes  the      
   requirement that certain information be included on an application for      
   a  license.   Provides  that  when  a timber buyer purchases timber in      
   Illinois from a timber grower, the buyer shall register  the  purchase      
   with the Department of Natural Resources.  Provides that no timber may      
   be  cut  or  harvested until a timber purchase registration                 
   number has been received by that Department. Provides that a                
   licensee may,  with the approval of the Department, deposit as              
   security an irrevocable letter  of  credit.   Increases  the  required      
   amount  of  the  bonds  that are required under the Act. Makes changes      
   concerning grievance procedures.  Provides that failure to register  a      
   timber purchase with the Department, failure to pay certain penalties,      
   and  abandonment  or  other  deposit of trees or parts of trees in the      
   waters of this State constitute violations of the Act.  Provides  that      
   a  timber  buyer  shall  carry  his  or  her identification card while      
   conducting an activity regulated  under  the  Act.   Imposes  monetary      
   penalties  for  failure  to  pay  harvest fees and for failure to file      
   certain reports.  Imposes criminal penalties for certain violations of      
   the Act.  Provides that the  Department  shall  suspend  licenses  for      
   certain   violations   of   the   Act.   Amends  the  Forest  Products      
   Transportation Act.  Removes the provision that  a  person  who  cuts,      
   damages,  or  removes any tree, part of a tree, or forest product from      
   the land of another without consent  of  the  owner  commits  criminal      
   damage to property.  Deletes provisions concerning the registration of      
   timber  growers.  Provides for the seizure of any timber, forestry, or      
   wood cutting devices used in violation of the Act.                          
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          225 ILCS 735/2                                                       
          225 ILCS 735/3                                                       
          225 ILCS 735/3a                                                      
          225 ILCS 735/5                                                       
          225 ILCS 735/9a                                                      
        Deletes everything.  Reinserts the provisions of  the  underlying      
   bill  with  the  following  changes:  Further amends the Timber Buyers      
   Licensing Act.  Removes provisions changing the definition of the term      
   "timber buyer".  Restores the requirement that certain information  be      
   included   on  an  application  for  a  license.   Deletes  provisions      
   requiring the registration of timber  purchases.   Deletes  provisions      
   that increase the required amount of the bonds that are required under      
   the  Act.    Provides  that  the  Department  of Natural Resources may      
   require increased bonds from timber buyers whose  licenses  have  been      
   previously  suspended  or  revoked.    Deletes changes made concerning      
   grievance procedures.  Deletes provisions that provide that failure to      
   register a timber purchase with the Department of  Natural  Resources,      
   failure  to pay certain penalties, and abandonment or other deposit of      
   trees or parts of  trees  in  the  waters  of  this  State  constitute      
   violations of the Act.  Deletes provisions imposing monetary penalties      
   for  failure  to  pay  harvest  fees  and  for failure to file certain      
   reports.  Provides  that  the  Department  of  Natural  Resources  may      
   suspend the license, the privilege to engage in the activity for which      
   the  license is required, or both of a licensee who is found negligent      
   with respect to any duty required under the Act.                            
        SENATE AMENDMENT NO. 1.                                                
        Deletes everything.  Reinserts the provisions of  the  underlying      
   bill  with  the  following  changes:  Further amends the Timber Buyers      
   Licensing Act. Provides that it is a violation of the Act for a timber      
   buyer to negligently (now knowingly and willfully) cut or cause to  be      
   cut  or  appropriate  any  timber  without  the  consent of the timber      
   grower. Removes provisions changing the definition of the term "timber      
   buyer".  Restores the requirement that certain information be included      
   on an application for a license.   Deletes  provisions  requiring  the      
   registration  of  timber  purchases.  Deletes provisions that increase      
   the required amount of the bonds that  are  required  under  the  Act.      
   Provides   that  the  Department  of  Natural  Resources  may  require      
   increased bonds from timber buyers  whose  bond  has  been  previously      
   forfeited.  Deletes  changes  made  concerning  grievance  procedures.      
   Deletes  provisions  that  provide  that  failure to register a timber      
   purchase with the Department of  Natural  Resources,  failure  to  pay      
   certain  penalties, and abandonment or other deposit of trees or parts      
   of trees in the waters of this State constitute violations of the Act.      
   Deletes provisions imposing monetary  penalties  for  failure  to  pay      
   harvest  fees  and for failure to file certain reports. Makes changes       
   concerning penalties for certain violations of the Act. Further             
   amends the Forest Products Transportation Act. Provides that                
   interstate transporters originating outside of Illinois hauling or          
   transporting 2 or more trees and forest products on an Illinois             
   highway may show documents in accordance  with federal Motor Carrier        
   Safety Administration rules (now Illinois Commerce Commission rules)        
   in lieu of proof of ownership. Effective immediately.                       
        CONFERENCE COMMITTEE REPORT NO. 1.                                     
        Recommends that the House of  Representatives  concur  in  Senate      
   Amendment No. 1.                                                            
        Recommends that the bill be further amended as follows:                
          Deletes reference to:                                                
          225 ILCS 735/5                                                       
        Deletes a provision making it a violation of the Act for a timber      
   buyer to negligently, rather than  knowingly  and  willfully,  cut  or      
   cause  to  be  cut  or  appropriate  timber without the consent of the      
   timber grower.                                                              
 
Last action on Bill: PUBLIC ACT.............................. 92-0805

   Last action date: AUG-21-2002

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


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