Public Act 103-0218
 
SB1560 EnrolledLRB103 25313 AMQ 51658 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Seizure and Forfeiture Reporting Act is 
amended  by changing Section 5 as follows:
 
    (5 ILCS 810/5)

    Sec. 5. Applicability. This Act is applicable to property 
seized or forfeited under the following provisions of law:
        (1) Section 3.23 of the Illinois Food, Drug and 
    Cosmetic Act;
        (2) Section 44.1 of the Environmental Protection Act;
        (3) Section 105-55 of the Herptiles-Herps Act;
        (4) Section 1-215 of the Fish and Aquatic Life Code;
        (5) Section 1.25 of the Wildlife Code;
        (6) Section 17-10.6 of the Criminal Code of 2012 
    (financial institution fraud);
        (7) Section 28-5 of the Criminal Code of 2012  
    (gambling);
        (8) Article 29B of the Criminal Code of 2012  (money 
    laundering);
        (9) Article 33G of the Criminal Code of 2012 (Illinois 
    Street Gang and Racketeer Influenced And Corrupt 
    Organizations Law);
        (10)  Article 36 of the Criminal Code of 2012 (seizure 
    and forfeiture of vessels, vehicles, and aircraft);
        (11)   Section 47-15 of the Criminal Code of 2012 
    (dumping garbage upon real property);
        (12)   Article 124B of the Code of Criminal Procedure of 
    1963 (forfeiture);
        (13) the   Drug Asset Forfeiture Procedure Act;
        (14) the    Narcotics Profit Forfeiture Act;
        (15) the    Illinois Streetgang Terrorism Omnibus 
    Prevention Act; and
        (16) the    Illinois Securities Law of 1953; and .


        (17)  Section 16 of the Timber Buyers Licensing Act. 
(Source: P.A. 102-558, eff. 8-20-21.)
 
    Section 10. The Timber Buyers Licensing Act is amended  by 
changing Sections 2, 3, 4, 5, 7, 8, 9, 9a, 10, 11, 12, 13, 14, 
and 16 as follows:
 



    (225 ILCS 735/2)  (from Ch. 111, par. 702)



    Sec. 2. Definitions. When used in this Act, unless the 
context otherwise requires, the
term:

    "Agent"  means any person acting on behalf of a timber 
buyer, employed by a timber buyer, or under an agreement, 
whether oral or written, with a timber buyer who buys timber, 
attempts to buy timber, procures contracts for the purchase or 
cutting of timber, or attempts to procure contracts for the 
purchase or cutting of timber. 
    "Buying timber"  means to buy, barter, cut on shares, or 
offer to buy, barter, cut on shares, or take possession of 
timber with the consent of the timber grower. 
    "Department"  means the Department of Natural Resources. 
    "Director"  means the Director of Natural Resources. 
    "Good standing" means any person who is not: 
        (1)  currently serving a sentence of probation, or 
    conditional discharge, for a violation of this Act or 
    administrative rules adopted under this Act; 
        (2)  owes any amount of money pursuant to a civil 
    judgment regarding the sale, cutting, or transportation of 
    timber; 
        (3)  owes the Department any required fee, payment, or 
    money required under this Act; or 
        (4)  is currently serving a suspension or revocation of 
    any privilege that is granted under this Act. 
    "Liability insurance"  means not less than $500,000 in 
insurance covering a timber buyer's business and agents that 
shall insure against the liability of the insured for the 
death, injury, or disability of an employee or other person 
and insurance against the liability of the insured for damage 
to or destruction of another person's property. 
    "Payment receipt"  means copy or duplicate of an original 
receipt of payment for timber to a timber grower or duplicate 
of electronic or direct payment verification of funds received 
by timber grower. 
    "Person" means any person, partnership, firm, association, 
business
trust, limited liability company, or corporation.

    "Proof of ownership" means a printed document provided by 
the Department that serves as a written bill of lading. 
    "Resident" means a person who in good faith makes 
application for any license or permit and verifies by 
statement that the person has maintained the person's 
permanent abode or headquarters in this State for a period of 
at least 30 consecutive days immediately preceding the 
person's application and who does not maintain a permanent 
abode or headquarters or claim residency in another state for 
the purposes of obtaining any of the same or similar licenses 
or permits covered by this Act. A person's permanent abode or 
headquarters is the person's fixed and permanent dwelling 
place or main location where the person conducts business, as 
distinguished from a temporary or transient place of residence 
or location. 
    "Timber" means trees, standing or felled, and parts 
thereof which can be
used for sawing or processing into lumber 
for building or structural
purposes or for the manufacture of 
any article. "Timber" does not include
firewood, Christmas 
trees, fruit or ornamental trees, or wood products not
used or 
to be used for building, structural, manufacturing, or 
processing
purposes.

    "Timber buyer" means any person licensed or unlicensed, 
who is engaged
in the business of buying timber from the timber 
growers thereof for sawing
into lumber, for processing or for 
resale, but does not include any person
who occasionally 
purchases timber for sawing or processing for the person's his 
own use
and not for resale.

    "Buying timber" means to buy, barter, cut on shares, or 
offer to buy,
barter, cut on shares, or take possession of 
timber, with or without the
consent of the timber grower.

    "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.

    "Transporter" means any person acting on behalf of a 
timber buyer, employed by a timber buyer, or under an 
agreement, whether oral or written, with a timber buyer who 
takes or carries timber from one place to another by means of a 
motor vehicle. 
    "Department" means the Department of Natural Resources.

    "Director" means the Director of Natural Resources.

    "Employee" means any person in service or under contract 
for hire,
expressed or implied, oral or written, who is 
engaged in any phase of the
enterprise or business at any time 
during the license year. 

(Source: P.A. 89-445, eff. 2-7-96.)

 



    (225 ILCS 735/3)  (from Ch. 111, par. 703)



    Sec. 3. License required. Every person before engaging in 
the business of a timber buyer shall
obtain a license for such 
purpose from the Department. Application for such
license 
shall be filed with the Department and shall set forth the name 
of
the applicant, its principal officers if the applicant is a 
corporation or
the partners if the applicant is a partnership, 
the location of any
principal office or place of business of 
the applicant, the counties in
this State in which the 
applicant proposes to engage in the business of
timber buyer, 
a list of all agents of the timber buyer, and such additional 
information as the Department by
rule regulation may require. 
All timber buyers and their agents must be 18 years of age or 
older. 

    The application shall set forth the aggregate dollar 
amount paid to
timber growers for timber purchased in this 
State during the applicant's
last completed fiscal or calendar 
year. In the event the applicant has been
engaged as a timber 
buyer for less than one year, his application shall set
forth 
the dollar amount paid to timber growers for the number of 
completed
months during which the applicant has been so 
engaged. If the applicant has
not been previously engaged in 
buying timber in this State, the application
shall set forth 
the estimated aggregate dollar amount to be paid by the

applicant to timber growers for timber to be purchased from 
them during the
next succeeding 12 month period.

(Source: P.A. 77-2796.)

 



    (225 ILCS 735/4)  (from Ch. 111, par. 704)



    Sec. 4. Liability insurance Bond. Every
person licensed as 
a timber buyer shall file with the
Department a certificate of 
liability insurance , on a form prescribed and furnished by the 
Department, a
performance bond payable to the State of 
Illinois by and
through the
Department
and conditioned on the 
faithful performance of and
compliance with all requirements 
of the license and this Act.  No such liability insurance 
policy shall be effective under this Section unless issued by 
an insurance company or surety company authorized to do 
business in this State. The bond shall
be a
surety bond signed 
by the person to be licensed as principal
and by a good and 
sufficient corporate surety authorized to engage in the

business of executing surety bonds within the State of 
Illinois as surety
thereon. In lieu of a surety bond an 
applicant for a
timber buyers license may, with the approval 
of
the Department,
deposit with the
Department as security a

certificate of deposit
or irrevocable letter of credit of any 
bank organized or transacting business
in the United States in 
an amount equal to or greater than the
amount of the required 
bond. Such deposits
shall be made, held, and disposed of as 
provided in this Act and by the
Department by rule.  A bond or 
certificate of deposit shall
be
made
payable upon demand to 
the Director, subject to the provisions of this Act,
and any 
rules adopted under this Act, and shall be for the use and 
benefit
of the people of the State of Illinois, for the
use and 
benefit of any timber grower from whom the applicant purchased

timber and who is not paid by the applicant or for the use and 
benefit of
any timber grower whose timber has been cut by the 
applicant or licensee or
his or her agents and who has not been 
paid therefor; and for the use
and
benefit of any person 
aggrieved by the actions of the timber buyer. 

    Except as otherwise provided, in this Section, such 
liability insurance bond shall be in the
principal amount of 
not less than $500,000 $ 500 for an
applicant who
paid timber 
growers $5,000 or less for timber during the
immediate

preceding year, and an additional $100 for each additional

$1,000 or
fraction thereof paid to timber growers for timber 
purchased during the
preceding year, but shall not be more 
than $10,000.
In the case
of an
applicant not previously 
engaged in business as a timber buyer, the amount
of such bond 
shall be based on the estimated dollar amount to be paid by

such timber buyer to timber growers for timber purchased 
during the next
succeeding year, as set forth in the 
application; such bond shall, in no
event, be in the principal 
amount of less than
$500.  In the case of a timber buyer whose 
bond has previously been
forfeited in Illinois or in any other 
state, the
Department shall
double the applicable minimum bond 
amounts under this Section.

    A liability insurance policy bond filed in accordance with 
this Act
shall not be canceled cancelled or altered during
the 
period for which the
timber buyer
remains licensed by the 
Department
without written notification to the Department. At 
all times, a licensee must have a liability insurance policy 
that is in conformity with this Act while licensed by the 
Department except upon at
least 60 days notice in writing to 
the Department; in the event that
the
applicant has deposited 
certificates of deposit in lieu of a corporate
surety the 
Department may retain possession of such certificates of 
deposit
for a period of 60 days following the expiration or

revocation of his
or her license.

    At any such time as a licensee fails to have the necessary 
liability insurance, surety bonds,
certificates of deposit, or 
irrevocable letters of credit on
deposit with the Department 
as required
herein, the Department may immediately, and 
without notice, suspend the
privileges of such licensee. In 
the event of such suspension,
the Department
shall give 
immediate notice of the same to the licensee and shall further

reinstate such license upon filing with the Department a 
certificate of liability insurance that conforms to the 
requirements of this Act the posting of the required surety 
bond,
certificates of deposit, or irrevocable letters of 
credit.

    Bonds shall be in such form and contain such terms and 
conditions as may
be approved from time to time by the 
Director, be conditioned to secure an
honest cutting and 
accounting for timber purchased by the licensee, secure

payment to the timber growers and to insure the timber growers 
against all
fraudulent acts of the licensee in the purchase 
and cutting of the timber
of this State.

    In the event the timber buyer fails to pay when owing any 
amount
due a
timber grower for timber purchased, or fails to 
pay judicially
determined
damages for timber wrongfully cut by 
a timber buyer or his agent, whether
such wrongful cutting has 
occurred on or adjacent to the land which was the
subject of 
timber purchase from a timber grower,
or commits
any
violation

of this Act, then an action on the bond
or deposit for 
forfeiture may be commenced.  Such action is not exclusive
and 
is in addition to any other judicial remedies
available.

    In the event that the timber grower or owner of timber cut 
considers
himself or herself aggrieved by a timber buyer, he 
or she shall notify the
Department in
writing of such 
grievance and thereafter the Department shall within 10
days 
give written notice to the timber buyer of the alleged 
violation of
this Act or of any violation or noncompliance 
with the regulations
hereunder of which the timber grower or 
owner of timber complains. The
written notice to the timber 
buyer shall be from the Department by
registered or certified 
mail to the licensee and his or her sureties stating in
general 
terms the nature of the violation and that an action seeking

forfeiture of the bond may be commenced at any time after the 
10 days from
the date of said notice if at the end of that 
period the violation still
remains. In the event the 
Department shall fail to give notice to the
timber buyer as 
provided herein, the timber grower or owner of timber cut
may 
commence his or her own action for forfeiture of the 
licensee's bond.

    The timber buyer, after receiving notice from the 
Department as provided
herein, may within 10 days from the 
date of such notice, request in writing
to appear and be heard 
regarding the alleged violation.

    Upon such request from the timber buyer, the Department 
shall schedule a
hearing, designating the time and place 
thereof. At such hearing the timber
buyer may present for 
consideration of the Department any evidence,
statements, 
documents or other information relevant to the alleged

violation. The hearing shall be presided over by the Director 
or by any
hearing officer he or she may designate. The hearing 
officer shall take evidence
offered by the timber buyer or the 
Department and shall, if requested by
the Department, submit 
his or her conclusions and findings which shall be advisory
to 
the Director. Any hearings provided for in this Section shall 
be
commenced within 30 days from the request therefor.

    Should the timber buyer fail to make timely request for a 
hearing after
receipt of the notice from the Department as 
provided herein, or after a
hearing is concluded, the 
Department may either withdraw the notice of
violation or 
request the Attorney General to institute proceedings to have

the bond of the timber buyer forfeited. The Attorney General, 
upon such
request from the Department, shall institute 
proceedings to have the bond
of the timber buyer forfeited for 
violation of any of the provisions of
this Act or for 
noncompliance with any Department regulation.

    In the event that the licensee's bond is forfeited, the 
proceeds thereof
shall first be applied to any sums determined 
to be owed to the timber
grower or owner of timber cut
and then 
to the Department to
defray
expenses
incurred by the 
Department in converting the security into money.
Thereafter, 
the Department shall pay such excess to the timber buyer who

furnished such security.

    In the event the Department realizes less than the amount 
of liability
from the security, after deducting expenses 
incurred by the Department in
converting the security into 
money, it shall be grounds for the revocation
of the timber 
buyer's license.

(Source: P.A. 92-805, eff. 8-21-02.)

 



    (225 ILCS 735/5)  (from Ch. 111, par. 705)



    Sec. 5. Prohibitions. It shall be unlawful and a violation 
of this Act: 

    (a) For any person timber buyer to knowingly: and 
willfully fail to pay,
as agreed, for any timber purchased,

        (1) cut, cause to be cut, take, or caused to be taken, 
    any timber without the consent of the timber grower; or 
        (2) enter into an agreement or contract with a timber 
    grower for the cutting of timber and: 
            (A) misrepresenting a material fact relating to 
        the terms of the contract or agreement, creating or 
        confirming another's impression which is false and the 
        buyer does not believe to be true, or promising 
        performance which the person buying the timber does 
        not intend to perform or knows will not be performed; 
        or
            (B) using or employing any deception, false 
        pretense, or false promise in order to induce, 
        encourage, or solicit such person to enter into any 
        contract or agreement; 
    (b) For a timber buyer to conduct business under this Act 
without maintaining a liability insurance policy as required 
under this Act; For any timber buyer to knowingly and 
willfully cut or cause to
be cut or appropriate any timber 
without the consent of the timber grower,

    (c) For any person a timber buyer to knowingly willfully 
make any false statement or knowingly provide false 
information in
connection with the application, liability 
insurance certification, or other information or reports 
required to be provided to the Department pursuant to this Act 
or administrative rule; bond or other information required to 
be
given to the Department or a timber grower,

    (d) For any person to act or engage in the business of a 
timber buyer or act or engage in the business of timber buying 
as an agent of a timber buyer while not in good standing with 
the Department or, if required by this Act, while licensed by 
the Department; To fail to honestly account to the timber 
grower or the Department
for timber purchased or cut if the 
buyer is under a duty to do so,

    (e) (blank); For a timber buyer to commit any fraudulent 
act in connection with
the purchase or cutting of timber,

    (f) For a person timber buyer or land owner or operator to 
fail to file any the
report or provide any documentation as or 
pay the fees required in Section 9a of this Act or 
administrative rule; , and

    (g) For any person to resist or obstruct any officer, 
employee, or agent
of the Department, or any member of a law 
enforcement agency in the discharge of the person's, 
employee's, agent's, or member's his duties under the 
provisions of this Act hereof.

(Source: P.A. 86-208.)

 



    (225 ILCS 735/7)  (from Ch. 111, par. 707)



    Sec. 7. License; issuance, validity, and renewal; 
certificate. All persons buying timber under this Act must 
possess a valid timber buyer's license. Licenses authorized 
under this Act shall be prepared by the Department and be in 
such form as prescribed by the Department. The information 
required on each license shall be completed thereon by the 
Department at the time of issuance, and each license shall be 
signed by the licensee. All such licenses shall be supplied by 
the Department, subject to such rules as the Department may 
prescribe. Any license that is not properly prepared, 
obtained, and signed as required by this Act shall be void. If 
the
Department is satisfied that the applicant has fulfilled 
the
requirements of this Act, the applicant and all listed 
agents in the application are in good standing, and if the 
liability insurance bond and sureties or bank certificate of 
deposit
filed by the applicant is approved, the Department 
shall may issue a
license to
the applicant. The licenses 
issued shall be valid for a calendar year and
may be renewed 
annually. A copy of the license certificate issued by the

Department shall be posted in the principal office of the 
licensee in this
State.  A license from the Department shall 
include a list of all agents that are required to be reported 
to the Department in a timber buyer application for license. A 
timber buyer shall update the Department, in writing, within 
14 days, of a change in employment for any agent of the timber 
buyer that is required to be disclosed to the Department. The 
Department shall then reissue a certificate of license with 
the updated list of agents as well as any new timber buyer 
identification cards. The timber buyer
identification card 
issued by the Department shall be carried upon the person
of 
the timber buyer and any agent of the timber buyer when

conducting activities covered under this Act for immediate 
presentation for
inspection to the officers and
authorized 
employees of the Department, any sheriff, deputy sheriff, or 
any
other peace officer making
demand for it. No person 
charged with violating this Section, however, shall be

convicted if the person he or she produces in court 
satisfactory evidence that a timber
buyer identification card 
that was valid at the time
of the offense had been issued
to 
the timber buyer or agent. All timber buyer identification 
cards shall be issued by the Department. Any timber 
identification card that is issued to a timber buyer or timber 
buyer employee shall be returned to the Department or, if a 
digital license or digital identification card, shall be 
canceled by the Department within 5 days of the Department 
obtaining information of the termination of employment, 
suspension, or revocation of license, the agent or timber 
buyer is no longer in good standing, or expiration of a license 
if the license is not renewed.

    Upon request for a license and payment of the fee, the 
Department shall
issue to the licensee a certificate that a 
license has been granted and a
bond filed as required by this 
Act as well as timber buyer identification cards for all 
listed agents on the timber buyer application that are in good 
standing.

(Source: P.A. 92-805, eff. 8-21-02.)

 



    (225 ILCS 735/8)  (from Ch. 111, par. 708)



    Sec. 8. Application fee. The application for a resident 
license to operate as a timber buyer, or a
renewal thereof, 
shall be accompanied by a non-refundable filing fee of $125 $ 
25. The application for a non-resident license to operate as a 
timber buyer, or a renewal thereof, shall be accompanied by a 
non-refundable filing fee of $300. The fee to be
paid for a 
certificate that a license has been issued and security filed 
is $5.

    The fees required by this Section shall be deposited in 
the Illinois
Forestry Development Fund for the purposes of the 
"Illinois Forestry
Development Act".

(Source: P.A. 85-287.)

 



    (225 ILCS 735/9)  (from Ch. 111, par. 709)



    Sec. 9. Records and inspection. The Department or any law 
enforcement agency may inspect any the premises used by any 
timber buyer
in the conduct of the buyer's his or her business 
during normal business hours, at any reasonable time and such 
inspection may include, but is not limited to, the inventory, 
timber, the books,
accounts, records, proof of ownership, and 
or other documentation required under this Act or 
administrative rule papers of every such timber buyer that 
operates or does business in the State shall at all times

during business hours be subject to inspection by the 
Department.  Any
person licensed as a timber buyer as defined 
in this Act, or any person
who has purchased, bartered, or 
attempted to purchase or barter timber, or
any person having 
possession or who has had possession of timber as
defined in 
this Act shall be prima facie
evidence that the person is be 
considered a timber buyer, excluding transporters.  A timber 
buyer shall retain the books,
accounts, records, proof of 
ownership, or other documentation required under this Act or 
administrative rule and papers used in the conduct of the 
buyer's his or her business for a
period of 3 years after any 
purchase, cutting, or transportation of timber made by the 
timber buyer or the buyer's employee. All timber buyers shall 
provide to a transporter and a transporter shall have 
immediately available proof of  ownership, on forms provided by 
the Department, for all timber that is currently being 
transported by the transporter.

(Source: P.A. 85-287.)

 



    (225 ILCS 735/9a)  (from Ch. 111, par. 709a)



    Sec. 9a. Reporting a harvest fee. 
    (a) When a timber buyer buys purchases timber in this 
State, the timber buyer
and timber grower shall determine the 
amount to be paid for such timber, or the value of items
to be 
bartered for such timber, and the timber buyer shall deduct 
from the payment to the
timber grower an amount which equals 4% 
of the purchase price or 4% of the minimum fair market value, 
as determined pursuant to administrative rule, when purchase 
price cannot otherwise be determined and shall
forward such 
amount to the Department of Natural Resources, along with a 
report
of the purchase on forms provided
by the Department.

    (b)  When a timber buyer buys timber in this State, the 
timber buyer shall file a report to the Department  on a report 
form provided by the Department.  The information provided on 
the report form shall include the amount paid for the timber to 
each timber grower and the 4% that is due to the Department for 
each sale, and any other information that is required by the 
Department pursuant to administrative rule.  A timber buyer 
shall provide the timber grower a written or electronic 
payment receipt for each transaction of timber bought from the 
timber grower and keep a duplicate or copy of the payment 
receipt in the timber buyer's records.  All timber buyers shall 
provide a written receipt upon request of the Department. 
    (c) Every timber grower who utilizes timber produced on 
land the timber grower he owns or operates
for sawing into 
lumber, for processing, or for resale, except a person who

occasionally uses his own timber for sawing or processing for 
his own use
and not for resale, shall report periodically, as 
required by regulation
of the Department, the quantity of 
timber produced and utilized by the owner
or operator during 
the reporting period.  Such timber grower shall pay to
the 
Department, when the periodic report is submitted, an amount 
equal to
4% of the minimum fair market gross value of the 
timber utilized during the period.  The value
of such timber 
shall be determined pursuant to rule of
the Department.  Such 
rules shall include a voluntary arbitration program for
use in 
situations in which a dispute arises as to the gross value of 
the
timber.

    (d) Every timber grower who utilizes timber produced on 
land the timber grower owns or operates for sawing into lumber 
for processing or for resale, shall report periodically, as 
required by this Act or administrative rule of the Department, 
the quantity, value, and species of timber produced and 
utilized by the owner or operator during the reporting period. 
    (e) Subsections (c) and (d) shall not apply to a person who 
uses the person's own timber for sawing or processing for 
personal use and not for resale. 
    (f) The fees required by this Section shall be deposited 
in the Illinois
Forestry Development Fund, a special fund in 
the State treasury Treasury, for the
purposes of the "Illinois 
Forestry Development Act".

(Source: P.A. 89-445, eff. 2-7-96.)

 



    (225 ILCS 735/10)  (from Ch. 111, par. 710)



    Sec. 10. Rulemaking. The Department may make such 
administrative rules and regulations as may be necessary
to 
carry out the provisions of this Act in accordance with the 
Illinois Administrative Procedure Act.

(Source: P.A. 76-1307.)

 



    (225 ILCS 735/11)  (from Ch. 111, par. 711)



    Sec. 11. Penalties and fines.  All fines and penalties 
associated with violations of this Act or administrative rules 
thereunder, except as otherwise provided in this Act,  are 
payable 50% to the Department's Conservation Police Operations 
Assistance Fund and 50% to the Department's Illinois Forestry 
Development Fund. 

    (a) Except as otherwise provided in this Act Section any 
person
in violation of any of the provisions of this Act, or 
administrative rules
thereunder, shall be guilty of a Class A 
misdemeanor.

    (a-5) Any person convicted of violating Section 3 of this 
Act shall be
guilty of
a Class A
misdemeanor and fined at least 
$500 for a first offense
and
guilty of a Class 4 felony and 
fined at least $1,000
for a
second or subsequent offense.

    (a-10) Any person convicted of violating subsection (a) of 
Section 5 is guilty of a Class A misdemeanor if the aggregate 
value of the timber cut, caused to be cut, or appropriated is 
equal to or less than $500. 
    (a-15)   Any person convicted of violating subsection (a) or 
(c) of Section 9a is guilty of a Class A misdemeanor if the 
aggregate value of the amount due to the Department is equal to 
or less than $500. 
    (b) Any person convicted of violating subsection 
subsections (a) or (b) of
Section 5 of this Act is guilty of a 
Class 4 felony if the aggregate value
of the timber purchased, 
cut, caused to be cut or appropriated is over $500 $300
but not 
more than $2,500.

    (b-2)      Any person convicted of violating subsection (a) or 
(c) of Section 9a is guilty of a Class 4 felony if the 
aggregate value of the amount due to the Department is over 
$500 but not more than $2,500. 
    (b-5) Any person convicted of violating subsection (a) or 
(b) of Section 5
of
this Act is guilty of a
Class 3 felony if 
the aggregate value of the timber purchased, cut, caused to
be 
cut, or appropriated is
over $2,500 but not more than $10,000.

    (b-7)     Any person convicted of violating subsection (a) or 
(c) of Section 9a is guilty of a Class 3 felony if the 
aggregate value of the amount due to the Department is over 
$2,500 but not more than $10,000. 
    (b-10) Any person convicted of violating subsection (a) or 
(b) of Section 5
of
this Act is guilty of a
Class 2 felony if 
the aggregate value of the timber purchased, cut, caused to
be 
cut, or appropriated is
over  $10,000.

    (b-12)    Any person convicted of violating subsection (a) or 
(c) of Section 9a is guilty of a Class 2 felony if the 
aggregate value of the amount due to the Department is over 
$10,000. 
    (b-15) The aggregate value of the timber purchased, cut, 
caused to be cut,
or appropriated shall be determined as 
provided by administrative rule.

    (c) A person convicted of violating subsection (b) (f) of 
Section 5 of this
Act is guilty of a Class A misdemeanor.  A 
person convicted of a second or
subsequent violation is guilty 
of a Class 4 felony.

    (c-5) A person convicted of violating subsection (c) of 
Section 5 is guilty of a Class A misdemeanor. 
    (c-10) A person convicted of violating subsection (d) of 
Section 5 is guilty of a Class A misdemeanor and shall be 
assessed a fine of not less than $1,000. A person convicted of 
a second or subsequent violation is guilty of a Class 4 felony 
and shall be assessed a fine of not less than $2,000. 
    (c-15) A person convicted of violating subsection (f) of 
Section 5 is guilty of a Class B misdemeanor. 
    (c-20) A person convicted of violating subsection (g) of 
Section 5 is guilty of a Class C misdemeanor. 
    (d) All penalties issued pursuant to subsections (e) and 
(f) amounts collected as fines imposed as penalties for

violation of
this Act shall be deposited in the Illinois 
Forestry Development Fund
for the purposes of the "Illinois 
Forestry Development Act".

    (e) Failure In case of a failure to pay any purchase 
harvest fee required under Section
9a of this Act on the date 
as required by regulation of the Department,
there shall be 
added as a penalty an amount equal to 7.5% of the harvest
fee 
due the Department for each month or fraction thereof during 
which such
failure continues, not to exceed 37.5% in the 
aggregate.  This penalty
shall be in addition to any other 
penalty determined under this Act or by the circuit court.

    (f) A person convicted of violating subsection (b) or (d) 
of Section 9a  shall be guilty of a Class C misdemeanor and 
shall be assessed In case of failure to file the appropriate 
report of the purchase
harvest fee form stipulated under 
Section 9a of this Act on the date
prescribed therefore, a 
penalty in the amount of $25, which shall be added to the 
amount due the Department for each individual
report shall be 
added to the amount due the Department. A second or subsequent 
offense within a 3-year period after the date of the first 
offense is a Class A misdemeanor.  
    (g) All fines required in this Section This penalty shall

be in addition to any other penalty authorized determined 
under this Act, the Unified Code of Corrections, or imposed by 
the circuit court.

    (h) Any person who knowingly or intentionally violates any 
of the provisions of this Act, or administrative rules 
thereunder, when the person's license has been revoked or 
denied or the person's ability to engage in the activity 
requiring the license has been suspended under Section 13 is 
guilty of: 
        (1) a Class 4 felony if the underlying offense that 
    was committed during a period of revocation or suspension 
    is a misdemeanor; or 
        (2) one classification higher if the underlying 
    offense that was committed during a period of revocation 
    or suspension is a felony. 
(Source: P.A. 92-805, eff. 8-21-02.)

 



    (225 ILCS 735/12)  (from Ch. 111, par. 712)



    Sec. 12. Default. No certificate of license or timber 
buyer identification card shall be issued to any person who is 
in
default to the people of the State of Illinois for moneys 
due under this
Act.

(Source: P.A. 76-1307.)

 



    (225 ILCS 735/13)  (from Ch. 111, par. 713)



    Sec. 13. License revocation. 

    (a) The Department may revoke the license of
any person 
who violates the provisions of this Act, and may refuse to

issue any permit or license to any such person who is in 
violation of this Act for a period of time  as established by 
administrative rule not to exceed 5
years following such 
revocation.

    (a-5) License revocation, suspension, or refusal by the 
Department to issue or reissue any permit or license, and the 
procedures for such action by the Department or appeals to 
such action that was taken by the Department shall be 
established by administrative rule and in accordance with the 
Illinois Administrative Procedure Act.

    (b) (Blank). Whenever the holder of a license issued under 
this Act is found guilty
of
any
misrepresentation in obtaining 
his or her license or of a violation of any of
the provisions 
of
this Act or rules adopted pursuant to this Act, the 
Department may:


        (1) revoke his or her license;


        (2) refuse to issue a license to that person; and


        (3) suspend the person from engaging in the activity 
    requiring the license
for
up to 5 years
following the 
    revocation.

    (c) (Blank). Whenever the holder of a license issued under 
this Act is found guilty
of any
misrepresentation
in obtaining 
his or her license or of a violation of any of the provisions 
of
this Act or rules adopted pursuant to
this Act, and his or 
her license has been previously revoked or his or her
ability 
to engage in the activity
requiring the license has been 
previously suspended, the Department may:


        (1) revoke his or her license;


        (2) refuse to issue any license to that person; and


        (3) suspend the person from engaging in the activity 
    requiring the license
for
at least 5 years but
not more 
    than 10 years following the revocation or suspension.

    (d) (Blank). Whenever the holder of a license issued under 
this Act is found guilty
of any
misrepresentation
in obtaining 
that license or of a violation of any of the provisions of this

Act or rules adopted under this
Act, and his or her license has 
been previously revoked or his or her ability
to engage in the 
activity
requiring the license has been suspended on 2 or more 
occasions, the Department
may:


        (1) revoke his or her license;


        (2) refuse to issue any license to that person; and


        (3) suspend the person from engaging in the activity 
    requiring the license
for
at least 10
years but not more 
    than 75 years following the revocation or suspension.

    Department revocation procedures shall be established by 
    administrative rule.

    If the holder of a license is found negligent with respect 
to any duty
required under this Act, the Department may 
suspend or revoke his or her
privilege to engage in the 
activity for which the license is required, his or
her 
license, or both.

    (e) (Blank). Whenever a person who has not been issued a 
license under this Act is
found
guilty of a
violation of the 
provisions of this Act or rules adopted under this Act, the

Department may:


        (1) refuse to issue any license to that person; and


        (2) suspend that person from engaging in the activity 
    requiring the
license for
up to 5 years
following the 
    revocation.

    (f) (Blank). Whenever a person who has not been issued a 
license under this Act is
found
guilty of a violation
of this 
Act or rules adopted under this Act and his or her license has 
been
previously revoked or his or
her ability to engage in the 
activity requiring the license has been previously
suspended, 
the Department
may:


        (1) refuse to issue any license to that person; and


        (2) suspend that person from engaging in the activity 
    requiring the
license for
at least 5
years but not more 
    than 10 years following the revocation or suspension.

    (g) (Blank). Whenever a person who has not been issued a 
license under this Act is
found
guilty of a violation
of this 
Act or rules adopted under this Act and his or her license has 
been
previously revoked or his or
her ability to engage in the 
activity requiring the license has been suspended
on 2 or more 
occasions, the
Department may:


        (1) refuse to issue any license to that person; and


        (2) suspend that person from engaging in the activity 
    requiring the
license for
at least 10 years but not more 
    than 75 years
following the revocation or suspension.

    (h) (Blank). Licenses authorized under this Act shall be 
prepared by the Department
and
be in such form
as prescribed by 
the Department.  The information required on each license
shall 
be completed thereon
by the issuing agent at the time of 
issuance and each license shall be signed
by the licensee.  All 
such
licenses shall be supplied by the Department, subject to 
such rules as the
Department may prescribe.
Any license that 
is not properly prepared, obtained, and signed as required by

this Act shall be void.

    (i) Any person whose license to engage in an activity 
regulated by this Act
has
been revoked or
whose ability to 
engage in the activity requiring the license has been

suspended may not,
during the period of suspension or 
revocation:


        (1) hold any license authorized by this Act;


        (2) perform directly or indirectly any privileges 
    authorized by any
license
issued in accordance
with this 
    Act; or


        (3) buy, sell, barter, trade, or take possession of 
    any timber as defined
in
this Act, regardless of
any 
    contractual agreements entered into prior to the 
    revocation or suspension.

    (j) No person may be issued a license or engage in any 
activity
regulated by
this Act for which a license is required 
during the time that the person's
privilege to engage in the 
same or
similar activities is
suspended or revoked by another 
state, by a federal agency, or by a province of
Canada.

    Any person who knowingly or intentionally violates any of 
the
provisions of this Act, or administrative rules 
thereunder, when his
or her license has been revoked or denied 
or his or her
ability to engage in the activity requiring the 
license has been suspended
under this Section, is guilty
of a 
Class 4 felony.

(Source: P.A. 92-805, eff. 8-21-02.)

 



    (225 ILCS 735/16)  (from Ch. 111, par. 716)



    Sec. 16. Forfeiture and seizure. Any timber, forestry, or 
wood cutting device or equipment,
including vehicles and 
conveyances used or operated in violation of this
Act, 
including administrative rules, or attempted to be used in 
violation
of this Act or administrative rules shall be deemed 
a public nuisance and
subject to the seizure and confiscation 
by any authorized employee of the
Department; upon the seizure 
of such item the Department shall take and
hold the same until 
disposed of as hereinafter provided.

    Upon the seizure of any property as herein provided, the 
authorized
employee of the Department making such 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 
such property and the owner and
person in possession of such 
property to appear in court and show cause why
the property 
seized should not be forfeited to the State.  Upon the return
of 
the summons duly served or other notice as herein provided, 
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 such property was illegally 
used, an order may be entered
providing for the forfeiture of 
such seized property to the Department and
shall thereupon 
become the property of the Department; but the owner of
such 
property may have a jury determine the illegality of its use, 
and
shall have the right of an appeal, as in other cases.  Such 
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 such property was 
abandoned, lost, or 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 order of a 
court 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 such 
person provides reasonable and satisfactory proof of his

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 such 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 such 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
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
which is the subject of such a court 
order shall not be disposed of pending
appeal of the order.  The 
proceeds of the sales at auction shall be
deposited in the 
Illinois Forestry Development Fund.

    The Department shall pay all costs of notices required by 
this Section. Property seized or forfeited under this Section 
is subject to reporting under Section 5 of the  Seizure and 
Forfeiture Reporting Act. 

(Source: P.A. 86-208.)