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 END OF INQUIRY Full Text Bill Status