Bill Text: IL SB1560 | 2023-2024 | 103rd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the introduced bill with the following changes: Amends the Timber Buyers Licensing Act. Provides that a timber buyer shall file with the Department of Natural Resources a certificate of liability insurance in the principal amount of $500,000 (rather than $1,000,000). Provides that a timber buyer shall retain documents concerning proof of ownership. Makes changes in provisions concerning penalties and fines. Changes references from "employees" to "agents". Defines "proof of ownership" and "resident". Makes other changes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0218 [SB1560 Detail]
Download: Illinois-2023-SB1560-Enrolled.html
Bill Title: Reinserts the provisions of the introduced bill with the following changes: Amends the Timber Buyers Licensing Act. Provides that a timber buyer shall file with the Department of Natural Resources a certificate of liability insurance in the principal amount of $500,000 (rather than $1,000,000). Provides that a timber buyer shall retain documents concerning proof of ownership. Makes changes in provisions concerning penalties and fines. Changes references from "employees" to "agents". Defines "proof of ownership" and "resident". Makes other changes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0218 [SB1560 Detail]
Download: Illinois-2023-SB1560-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Seizure and Forfeiture Reporting Act is | ||||||
5 | amended by changing Section 5 as follows:
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6 | (5 ILCS 810/5)
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7 | Sec. 5. Applicability. This Act is applicable to property | ||||||
8 | seized or forfeited under the following provisions of law: | ||||||
9 | (1) Section 3.23 of the Illinois Food, Drug and | ||||||
10 | Cosmetic Act; | ||||||
11 | (2) Section 44.1 of the Environmental Protection Act; | ||||||
12 | (3) Section 105-55 of the Herptiles-Herps Act; | ||||||
13 | (4) Section 1-215 of the Fish and Aquatic Life Code; | ||||||
14 | (5) Section 1.25 of the Wildlife Code; | ||||||
15 | (6) Section 17-10.6 of the Criminal Code of 2012 | ||||||
16 | (financial institution fraud); | ||||||
17 | (7) Section 28-5 of the Criminal Code of 2012 | ||||||
18 | (gambling); | ||||||
19 | (8) Article 29B of the Criminal Code of 2012 (money | ||||||
20 | laundering); | ||||||
21 | (9) Article 33G of the Criminal Code of 2012 (Illinois | ||||||
22 | Street Gang and Racketeer Influenced And Corrupt | ||||||
23 | Organizations Law); |
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1 | (10) Article 36 of the Criminal Code of 2012 (seizure | ||||||
2 | and forfeiture of vessels, vehicles, and aircraft); | ||||||
3 | (11) Section 47-15 of the Criminal Code of 2012 | ||||||
4 | (dumping garbage upon real property); | ||||||
5 | (12) Article 124B of the Code of Criminal Procedure of | ||||||
6 | 1963 (forfeiture); | ||||||
7 | (13) the Drug Asset Forfeiture Procedure Act; | ||||||
8 | (14) the Narcotics Profit Forfeiture Act; | ||||||
9 | (15) the Illinois Streetgang Terrorism Omnibus | ||||||
10 | Prevention Act; and | ||||||
11 | (16) the Illinois Securities Law of 1953 ; and .
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12 | (17) Section 16 of the Timber Buyers Licensing Act. | ||||||
13 | (Source: P.A. 102-558, eff. 8-20-21.)
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14 | Section 10. The Timber Buyers Licensing Act is amended by | ||||||
15 | changing Sections 2, 3, 4, 5, 7, 8, 9, 9a, 10, 11, 12, 13, 14, | ||||||
16 | and 16 as follows:
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17 | (225 ILCS 735/2) (from Ch. 111, par. 702)
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18 | Sec. 2. Definitions. When used in this Act, unless the | ||||||
19 | context otherwise requires, the
term:
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20 | "Agent" means any person acting on behalf of a timber | ||||||
21 | buyer, employed by a timber buyer, or under an agreement, | ||||||
22 | whether oral or written, with a timber buyer who buys timber, | ||||||
23 | attempts to buy timber, procures contracts for the purchase or | ||||||
24 | cutting of timber, or attempts to procure contracts for the |
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1 | purchase or cutting of timber. | ||||||
2 | "Buying timber" means to buy, barter, cut on shares, or | ||||||
3 | offer to buy, barter, cut on shares, or take possession of | ||||||
4 | timber with the consent of the timber grower. | ||||||
5 | "Department" means the Department of Natural Resources. | ||||||
6 | "Director" means the Director of Natural Resources. | ||||||
7 | "Good standing" means any person who is not: | ||||||
8 | (1) currently serving a sentence of probation, or | ||||||
9 | conditional discharge, for a violation of this Act or | ||||||
10 | administrative rules adopted under this Act; | ||||||
11 | (2) owes any amount of money pursuant to a civil | ||||||
12 | judgment regarding the sale, cutting, or transportation of | ||||||
13 | timber; | ||||||
14 | (3) owes the Department any required fee, payment, or | ||||||
15 | money required under this Act; or | ||||||
16 | (4) is currently serving a suspension or revocation of | ||||||
17 | any privilege that is granted under this Act. | ||||||
18 | "Liability insurance" means not less than $500,000 in | ||||||
19 | insurance covering a timber buyer's business and agents that | ||||||
20 | shall insure against the liability of the insured for the | ||||||
21 | death, injury, or disability of an employee or other person | ||||||
22 | and insurance against the liability of the insured for damage | ||||||
23 | to or destruction of another person's property. | ||||||
24 | "Payment receipt" means copy or duplicate of an original | ||||||
25 | receipt of payment for timber to a timber grower or duplicate | ||||||
26 | of electronic or direct payment verification of funds received |
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1 | by timber grower. | ||||||
2 | "Person" means any person, partnership, firm, association, | ||||||
3 | business
trust , limited liability company, or corporation.
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4 | "Proof of ownership" means a printed document provided by | ||||||
5 | the Department that serves as a written bill of lading. | ||||||
6 | "Resident" means a person who in good faith makes | ||||||
7 | application for any license or permit and verifies by | ||||||
8 | statement that the person has maintained the person's | ||||||
9 | permanent abode or headquarters in this State for a period of | ||||||
10 | at least 30 consecutive days immediately preceding the | ||||||
11 | person's application and who does not maintain a permanent | ||||||
12 | abode or headquarters or claim residency in another state for | ||||||
13 | the purposes of obtaining any of the same or similar licenses | ||||||
14 | or permits covered by this Act. A person's permanent abode or | ||||||
15 | headquarters is the person's fixed and permanent dwelling | ||||||
16 | place or main location where the person conducts business, as | ||||||
17 | distinguished from a temporary or transient place of residence | ||||||
18 | or location. | ||||||
19 | "Timber" means trees, standing or felled, and parts | ||||||
20 | thereof which can be
used for sawing or processing into lumber | ||||||
21 | for building or structural
purposes or for the manufacture of | ||||||
22 | any article. "Timber" does not include
firewood, Christmas | ||||||
23 | trees, fruit or ornamental trees , or wood products not
used or | ||||||
24 | to be used for building, structural, manufacturing , or | ||||||
25 | processing
purposes.
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26 | "Timber buyer" means any person licensed or unlicensed, |
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1 | who is engaged
in the business of buying timber from the timber | ||||||
2 | growers thereof for sawing
into lumber, for processing or for | ||||||
3 | resale, but does not include any person
who occasionally | ||||||
4 | purchases timber for sawing or processing for the person's his | ||||||
5 | own use
and not for resale.
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6 | "Buying timber" means to buy, barter, cut on shares, or | ||||||
7 | offer to buy,
barter, cut on shares, or take possession of | ||||||
8 | timber, with or without the
consent of the timber grower.
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9 | "Timber grower" means the owner, tenant , or operator of | ||||||
10 | land in this
State who has an interest in, or is entitled to | ||||||
11 | receive any part of the
proceeds from the sale of timber grown | ||||||
12 | in this State and includes persons
exercising authority to | ||||||
13 | sell timber.
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14 | "Transporter" means any person acting on behalf of a | ||||||
15 | timber buyer, employed by a timber buyer, or under an | ||||||
16 | agreement, whether oral or written, with a timber buyer who | ||||||
17 | takes or carries timber from one place to another by means of a | ||||||
18 | motor vehicle. | ||||||
19 | "Department" means the Department of Natural Resources.
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20 | "Director" means the Director of Natural Resources.
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21 | "Employee" means any person in service or under contract | ||||||
22 | for hire,
expressed or implied, oral or written, who is | ||||||
23 | engaged in any phase of the
enterprise or business at any time | ||||||
24 | during the license year .
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25 | (Source: P.A. 89-445, eff. 2-7-96.)
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1 | (225 ILCS 735/3) (from Ch. 111, par. 703)
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2 | Sec. 3. License required. Every person before engaging in | ||||||
3 | the business of a timber buyer shall
obtain a license for such | ||||||
4 | purpose from the Department. Application for such
license | ||||||
5 | shall be filed with the Department and shall set forth the name | ||||||
6 | of
the applicant, its principal officers if the applicant is a | ||||||
7 | corporation or
the partners if the applicant is a partnership, | ||||||
8 | the location of any
principal office or place of business of | ||||||
9 | the applicant, the counties in
this State in which the | ||||||
10 | applicant proposes to engage in the business of
timber buyer , | ||||||
11 | a list of all agents of the timber buyer, and such additional | ||||||
12 | information as the Department by
rule regulation may require. | ||||||
13 | All timber buyers and their agents must be 18 years of age or | ||||||
14 | older.
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15 | The application shall set forth the aggregate dollar | ||||||
16 | amount paid to
timber growers for timber purchased in this | ||||||
17 | State during the applicant's
last completed fiscal or calendar | ||||||
18 | year. In the event the applicant has been
engaged as a timber | ||||||
19 | buyer for less than one year, his application shall set
forth | ||||||
20 | the dollar amount paid to timber growers for the number of | ||||||
21 | completed
months during which the applicant has been so | ||||||
22 | engaged. If the applicant has
not been previously engaged in | ||||||
23 | buying timber in this State, the application
shall set forth | ||||||
24 | the estimated aggregate dollar amount to be paid by the
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25 | applicant to timber growers for timber to be purchased from | ||||||
26 | them during the
next succeeding 12 month period.
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1 | (Source: P.A. 77-2796 .)
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2 | (225 ILCS 735/4) (from Ch. 111, par. 704)
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3 | Sec. 4. Liability insurance Bond . Every
person licensed as | ||||||
4 | a timber buyer shall file with the
Department a certificate of | ||||||
5 | liability insurance , on a form prescribed and furnished by the | ||||||
6 | Department, a
performance bond payable to the State of | ||||||
7 | Illinois by and
through the
Department
and conditioned on the | ||||||
8 | faithful performance of and
compliance with all requirements | ||||||
9 | of the license and this Act . No such liability insurance | ||||||
10 | policy shall be effective under this Section unless issued by | ||||||
11 | an insurance company or surety company authorized to do | ||||||
12 | business in this State. The bond shall
be a
surety bond signed | ||||||
13 | by the person to be licensed as principal
and by a good and | ||||||
14 | sufficient corporate surety authorized to engage in the
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15 | business of executing surety bonds within the State of | ||||||
16 | Illinois as surety
thereon. In lieu of a surety bond an | ||||||
17 | applicant for a
timber buyers license may, with the approval | ||||||
18 | of
the Department,
deposit with the
Department as security a
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19 | certificate of deposit
or irrevocable letter of credit of any | ||||||
20 | bank organized or transacting business
in the United States in | ||||||
21 | an amount equal to or greater than the
amount of the required | ||||||
22 | bond. Such deposits
shall be made, held, and disposed of as | ||||||
23 | provided in this Act and by the
Department by rule. A bond or | ||||||
24 | certificate of deposit shall
be
made
payable upon demand to | ||||||
25 | the Director, subject to the provisions of this Act,
and any |
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1 | rules adopted under this Act, and shall be for the use and | ||||||
2 | benefit
of the people of the State of Illinois, for the
use and | ||||||
3 | benefit of any timber grower from whom the applicant purchased
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4 | timber and who is not paid by the applicant or for the use and | ||||||
5 | benefit of
any timber grower whose timber has been cut by the | ||||||
6 | applicant or licensee or
his or her agents and who has not been | ||||||
7 | paid therefor; and for the use
and
benefit of any person | ||||||
8 | aggrieved by the actions of the timber buyer.
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9 | Except as otherwise provided , in this Section, such | ||||||
10 | liability insurance bond shall be in the
principal amount of | ||||||
11 | not less than $500,000 $ 500 for an
applicant who
paid timber | ||||||
12 | growers $5,000 or less for timber during the
immediate
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13 | preceding year, and an additional $100 for each additional
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14 | $1,000 or
fraction thereof paid to timber growers for timber | ||||||
15 | purchased during the
preceding year, but shall not be more | ||||||
16 | than $10,000.
In the case
of an
applicant not previously | ||||||
17 | engaged in business as a timber buyer, the amount
of such bond | ||||||
18 | shall be based on the estimated dollar amount to be paid by
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19 | such timber buyer to timber growers for timber purchased | ||||||
20 | during the next
succeeding year, as set forth in the | ||||||
21 | application; such bond shall, in no
event, be in the principal | ||||||
22 | amount of less than
$500. In the case of a timber buyer whose | ||||||
23 | bond has previously been
forfeited in Illinois or in any other | ||||||
24 | state, the
Department shall
double the applicable minimum bond | ||||||
25 | amounts under this Section .
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26 | A liability insurance policy bond filed in accordance with |
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1 | this Act
shall not be canceled cancelled or altered during
the | ||||||
2 | period for which the
timber buyer
remains licensed by the | ||||||
3 | Department
without written notification to the Department. At | ||||||
4 | all times, a licensee must have a liability insurance policy | ||||||
5 | that is in conformity with this Act while licensed by the | ||||||
6 | Department except upon at
least 60 days notice in writing to | ||||||
7 | the Department; in the event that
the
applicant has deposited | ||||||
8 | certificates of deposit in lieu of a corporate
surety the | ||||||
9 | Department may retain possession of such certificates of | ||||||
10 | deposit
for a period of 60 days following the expiration or
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11 | revocation of his
or her license .
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12 | At any such time as a licensee fails to have the necessary | ||||||
13 | liability insurance, surety bonds,
certificates of deposit, or | ||||||
14 | irrevocable letters of credit on
deposit with the Department | ||||||
15 | as required
herein, the Department may immediately, and | ||||||
16 | without notice, suspend the
privileges of such licensee. In | ||||||
17 | the event of such suspension,
the Department
shall give | ||||||
18 | immediate notice of the same to the licensee and shall further
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19 | reinstate such license upon filing with the Department a | ||||||
20 | certificate of liability insurance that conforms to the | ||||||
21 | requirements of this Act the posting of the required surety | ||||||
22 | bond,
certificates of deposit, or irrevocable letters of | ||||||
23 | credit .
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24 | Bonds shall be in such form and contain such terms and | ||||||
25 | conditions as may
be approved from time to time by the | ||||||
26 | Director, be conditioned to secure an
honest cutting and |
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1 | accounting for timber purchased by the licensee, secure
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2 | payment to the timber growers and to insure the timber growers | ||||||
3 | against all
fraudulent acts of the licensee in the purchase | ||||||
4 | and cutting of the timber
of this State.
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5 | In the event the timber buyer fails to pay when owing any | ||||||
6 | amount
due a
timber grower for timber purchased, or fails to | ||||||
7 | pay judicially
determined
damages for timber wrongfully cut by | ||||||
8 | a timber buyer or his agent, whether
such wrongful cutting has | ||||||
9 | occurred on or adjacent to the land which was the
subject of | ||||||
10 | timber purchase from a timber grower,
or commits
any
violation
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11 | of this Act, then an action on the bond
or deposit for | ||||||
12 | forfeiture may be commenced. Such action is not exclusive
and | ||||||
13 | is in addition to any other judicial remedies
available.
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14 | In the event that the timber grower or owner of timber cut | ||||||
15 | considers
himself or herself aggrieved by a timber buyer, he | ||||||
16 | or she shall notify the
Department in
writing of such | ||||||
17 | grievance and thereafter the Department shall within 10
days | ||||||
18 | give written notice to the timber buyer of the alleged | ||||||
19 | violation of
this Act or of any violation or noncompliance | ||||||
20 | with the regulations
hereunder of which the timber grower or | ||||||
21 | owner of timber complains. The
written notice to the timber | ||||||
22 | buyer shall be from the Department by
registered or certified | ||||||
23 | mail to the licensee and his or her sureties stating in
general | ||||||
24 | terms the nature of the violation and that an action seeking
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25 | forfeiture of the bond may be commenced at any time after the | ||||||
26 | 10 days from
the date of said notice if at the end of that |
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1 | period the violation still
remains. In the event the | ||||||
2 | Department shall fail to give notice to the
timber buyer as | ||||||
3 | provided herein, the timber grower or owner of timber cut
may | ||||||
4 | commence his or her own action for forfeiture of the | ||||||
5 | licensee's bond.
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6 | The timber buyer, after receiving notice from the | ||||||
7 | Department as provided
herein, may within 10 days from the | ||||||
8 | date of such notice, request in writing
to appear and be heard | ||||||
9 | regarding the alleged violation.
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10 | Upon such request from the timber buyer, the Department | ||||||
11 | shall schedule a
hearing, designating the time and place | ||||||
12 | thereof. At such hearing the timber
buyer may present for | ||||||
13 | consideration of the Department any evidence,
statements, | ||||||
14 | documents or other information relevant to the alleged
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15 | violation. The hearing shall be presided over by the Director | ||||||
16 | or by any
hearing officer he or she may designate. The hearing | ||||||
17 | officer shall take evidence
offered by the timber buyer or the | ||||||
18 | Department and shall, if requested by
the Department, submit | ||||||
19 | his or her conclusions and findings which shall be advisory
to | ||||||
20 | the Director. Any hearings provided for in this Section shall | ||||||
21 | be
commenced within 30 days from the request therefor.
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22 | Should the timber buyer fail to make timely request for a | ||||||
23 | hearing after
receipt of the notice from the Department as | ||||||
24 | provided herein, or after a
hearing is concluded, the | ||||||
25 | Department may either withdraw the notice of
violation or | ||||||
26 | request the Attorney General to institute proceedings to have
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1 | the bond of the timber buyer forfeited. The Attorney General, | ||||||
2 | upon such
request from the Department, shall institute | ||||||
3 | proceedings to have the bond
of the timber buyer forfeited for | ||||||
4 | violation of any of the provisions of
this Act or for | ||||||
5 | noncompliance with any Department regulation.
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6 | In the event that the licensee's bond is forfeited, the | ||||||
7 | proceeds thereof
shall first be applied to any sums determined | ||||||
8 | to be owed to the timber
grower or owner of timber cut
and then | ||||||
9 | to the Department to
defray
expenses
incurred by the | ||||||
10 | Department in converting the security into money.
Thereafter, | ||||||
11 | the Department shall pay such excess to the timber buyer who
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12 | furnished such security.
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13 | In the event the Department realizes less than the amount | ||||||
14 | of liability
from the security, after deducting expenses | ||||||
15 | incurred by the Department in
converting the security into | ||||||
16 | money, it shall be grounds for the revocation
of the timber | ||||||
17 | buyer's license.
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18 | (Source: P.A. 92-805, eff. 8-21-02.)
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19 | (225 ILCS 735/5) (from Ch. 111, par. 705)
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20 | Sec. 5. Prohibitions. It shall be unlawful and a violation | ||||||
21 | of this Act:
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22 | (a) For any person timber buyer to knowingly : and | ||||||
23 | willfully fail to pay,
as agreed, for any timber purchased,
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24 | (1) cut, cause to be cut, take, or caused to be taken, | ||||||
25 | any timber without the consent of the timber grower; or |
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1 | (2) enter into an agreement or contract with a timber | ||||||
2 | grower for the cutting of timber and: | ||||||
3 | (A) misrepresenting a material fact relating to | ||||||
4 | the terms of the contract or agreement, creating or | ||||||
5 | confirming another's impression which is false and the | ||||||
6 | buyer does not believe to be true, or promising | ||||||
7 | performance which the person buying the timber does | ||||||
8 | not intend to perform or knows will not be performed; | ||||||
9 | or | ||||||
10 | (B) using or employing any deception, false | ||||||
11 | pretense, or false promise in order to induce, | ||||||
12 | encourage, or solicit such person to enter into any | ||||||
13 | contract or agreement; | ||||||
14 | (b) For a timber buyer to conduct business under this Act | ||||||
15 | without maintaining a liability insurance policy as required | ||||||
16 | under this Act; For any timber buyer to knowingly and | ||||||
17 | willfully cut or cause to
be cut or appropriate any timber | ||||||
18 | without the consent of the timber grower,
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19 | (c) For any person a timber buyer to knowingly willfully | ||||||
20 | make any false statement or knowingly provide false | ||||||
21 | information in
connection with the application, liability | ||||||
22 | insurance certification, or other information or reports | ||||||
23 | required to be provided to the Department pursuant to this Act | ||||||
24 | or administrative rule; bond or other information required to | ||||||
25 | be
given to the Department or a timber grower,
| ||||||
26 | (d) For any person to act or engage in the business of a |
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1 | timber buyer or act or engage in the business of timber buying | ||||||
2 | as an agent of a timber buyer while not in good standing with | ||||||
3 | the Department or, if required by this Act, while licensed by | ||||||
4 | the Department; To fail to honestly account to the timber | ||||||
5 | grower or the Department
for timber purchased or cut if the | ||||||
6 | buyer is under a duty to do so,
| ||||||
7 | (e) (blank); For a timber buyer to commit any fraudulent | ||||||
8 | act in connection with
the purchase or cutting of timber,
| ||||||
9 | (f) For a person timber buyer or land owner or operator to | ||||||
10 | fail to file any the
report or provide any documentation as or | ||||||
11 | pay the fees required in Section 9a of this Act or | ||||||
12 | administrative rule; , and
| ||||||
13 | (g) For any person to resist or obstruct any officer, | ||||||
14 | employee , or agent
of the Department , or any member of a law | ||||||
15 | enforcement agency in the discharge of the person's, | ||||||
16 | employee's, agent's, or member's his duties under the | ||||||
17 | provisions of this Act hereof .
| ||||||
18 | (Source: P.A. 86-208.)
| ||||||
19 | (225 ILCS 735/7) (from Ch. 111, par. 707)
| ||||||
20 | Sec. 7. License; issuance, validity, and renewal; | ||||||
21 | certificate. All persons buying timber under this Act must | ||||||
22 | possess a valid timber buyer's license. Licenses authorized | ||||||
23 | under this Act shall be prepared by the Department and be in | ||||||
24 | such form as prescribed by the Department. The information | ||||||
25 | required on each license shall be completed thereon by the |
| |||||||
| |||||||
1 | Department at the time of issuance, and each license shall be | ||||||
2 | signed by the licensee. All such licenses shall be supplied by | ||||||
3 | the Department, subject to such rules as the Department may | ||||||
4 | prescribe. Any license that is not properly prepared, | ||||||
5 | obtained, and signed as required by this Act shall be void. If | ||||||
6 | the
Department is satisfied that the applicant has fulfilled | ||||||
7 | the
requirements of this Act, the applicant and all listed | ||||||
8 | agents in the application are in good standing, and if the | ||||||
9 | liability insurance bond and sureties or bank certificate of | ||||||
10 | deposit
filed by the applicant is approved, the Department | ||||||
11 | shall may issue a
license to
the applicant. The licenses | ||||||
12 | issued shall be valid for a calendar year and
may be renewed | ||||||
13 | annually. A copy of the license certificate issued by the
| ||||||
14 | Department shall be posted in the principal office of the | ||||||
15 | licensee in this
State. A license from the Department shall | ||||||
16 | include a list of all agents that are required to be reported | ||||||
17 | to the Department in a timber buyer application for license. A | ||||||
18 | timber buyer shall update the Department, in writing, within | ||||||
19 | 14 days, of a change in employment for any agent of the timber | ||||||
20 | buyer that is required to be disclosed to the Department. The | ||||||
21 | Department shall then reissue a certificate of license with | ||||||
22 | the updated list of agents as well as any new timber buyer | ||||||
23 | identification cards. The timber buyer
identification card | ||||||
24 | issued by the Department shall be carried upon the person
of | ||||||
25 | the timber buyer and any agent of the timber buyer when
| ||||||
26 | conducting activities covered under this Act for immediate |
| |||||||
| |||||||
1 | presentation for
inspection to the officers and
authorized | ||||||
2 | employees of the Department, any sheriff, deputy sheriff, or | ||||||
3 | any
other peace officer making
demand for it. No person | ||||||
4 | charged with violating this Section, however, shall be
| ||||||
5 | convicted if the person he or she produces in court | ||||||
6 | satisfactory evidence that a timber
buyer identification card | ||||||
7 | that was valid at the time
of the offense had been issued
to | ||||||
8 | the timber buyer or agent. All timber buyer identification | ||||||
9 | cards shall be issued by the Department. Any timber | ||||||
10 | identification card that is issued to a timber buyer or timber | ||||||
11 | buyer employee shall be returned to the Department or, if a | ||||||
12 | digital license or digital identification card, shall be | ||||||
13 | canceled by the Department within 5 days of the Department | ||||||
14 | obtaining information of the termination of employment, | ||||||
15 | suspension, or revocation of license, the agent or timber | ||||||
16 | buyer is no longer in good standing, or expiration of a license | ||||||
17 | if the license is not renewed .
| ||||||
18 | Upon request for a license and payment of the fee, the | ||||||
19 | Department shall
issue to the licensee a certificate that a | ||||||
20 | license has been granted and a
bond filed as required by this | ||||||
21 | Act as well as timber buyer identification cards for all | ||||||
22 | listed agents on the timber buyer application that are in good | ||||||
23 | standing .
| ||||||
24 | (Source: P.A. 92-805, eff. 8-21-02.)
| ||||||
25 | (225 ILCS 735/8) (from Ch. 111, par. 708)
|
| |||||||
| |||||||
1 | Sec. 8. Application fee. The application for a resident | ||||||
2 | license to operate as a timber buyer, or a
renewal thereof, | ||||||
3 | shall be accompanied by a non-refundable filing fee of $125 $ | ||||||
4 | 25 . The application for a non-resident license to operate as a | ||||||
5 | timber buyer, or a renewal thereof, shall be accompanied by a | ||||||
6 | non-refundable filing fee of $300. The fee to be
paid for a | ||||||
7 | certificate that a license has been issued and security filed | ||||||
8 | is $5.
| ||||||
9 | The fees required by this Section shall be deposited in | ||||||
10 | the Illinois
Forestry Development Fund for the purposes of the | ||||||
11 | " Illinois Forestry
Development Act " .
| ||||||
12 | (Source: P.A. 85-287.)
| ||||||
13 | (225 ILCS 735/9) (from Ch. 111, par. 709)
| ||||||
14 | Sec. 9. Records and inspection. The Department or any law | ||||||
15 | enforcement agency may inspect any the premises used by any | ||||||
16 | timber buyer
in the conduct of the buyer's his or her business | ||||||
17 | during normal business hours, at any reasonable time and such | ||||||
18 | inspection may include, but is not limited to, the inventory, | ||||||
19 | timber, the books,
accounts, records , proof of ownership, and | ||||||
20 | or other documentation required under this Act or | ||||||
21 | administrative rule papers of every such timber buyer that | ||||||
22 | operates or does business in the State shall at all times
| ||||||
23 | during business hours be subject to inspection by the | ||||||
24 | Department . Any
person licensed as a timber buyer as defined | ||||||
25 | in this Act, or any person
who has purchased, bartered, or |
| |||||||
| |||||||
1 | attempted to purchase or barter timber, or
any person having | ||||||
2 | possession or who has had possession of timber as
defined in | ||||||
3 | this Act shall be prima facie
evidence that the person is be | ||||||
4 | considered a timber buyer , excluding transporters . A timber | ||||||
5 | buyer shall retain the books,
accounts, records , proof of | ||||||
6 | ownership, or other documentation required under this Act or | ||||||
7 | administrative rule and papers used in the conduct of the | ||||||
8 | buyer's his or her business for a
period of 3 years after any | ||||||
9 | purchase , cutting, or transportation of timber made by the | ||||||
10 | timber buyer or the buyer's employee. All timber buyers shall | ||||||
11 | provide to a transporter and a transporter shall have | ||||||
12 | immediately available proof of ownership, on forms provided by | ||||||
13 | the Department, for all timber that is currently being | ||||||
14 | transported by the transporter .
| ||||||
15 | (Source: P.A. 85-287.)
| ||||||
16 | (225 ILCS 735/9a) (from Ch. 111, par. 709a)
| ||||||
17 | Sec. 9a. Reporting a harvest fee. | ||||||
18 | (a) When a timber buyer buys purchases timber in this | ||||||
19 | State, the timber buyer
and timber grower shall determine the | ||||||
20 | amount to be paid for such timber, or the value of items
to be | ||||||
21 | bartered for such timber, and the timber buyer shall deduct | ||||||
22 | from the payment to the
timber grower an amount which equals 4% | ||||||
23 | of the purchase price or 4% of the minimum fair market value, | ||||||
24 | as determined pursuant to administrative rule, when purchase | ||||||
25 | price cannot otherwise be determined and shall
forward such |
| |||||||
| |||||||
1 | amount to the Department of Natural Resources , along with a | ||||||
2 | report
of the purchase on forms provided
by the Department .
| ||||||
3 | (b) When a timber buyer buys timber in this State, the | ||||||
4 | timber buyer shall file a report to the Department on a report | ||||||
5 | form provided by the Department. The information provided on | ||||||
6 | the report form shall include the amount paid for the timber to | ||||||
7 | each timber grower and the 4% that is due to the Department for | ||||||
8 | each sale, and any other information that is required by the | ||||||
9 | Department pursuant to administrative rule. A timber buyer | ||||||
10 | shall provide the timber grower a written or electronic | ||||||
11 | payment receipt for each transaction of timber bought from the | ||||||
12 | timber grower and keep a duplicate or copy of the payment | ||||||
13 | receipt in the timber buyer's records. All timber buyers shall | ||||||
14 | provide a written receipt upon request of the Department. | ||||||
15 | (c) Every timber grower who utilizes timber produced on | ||||||
16 | land the timber grower he owns or operates
for sawing into | ||||||
17 | lumber, for processing, or for resale, except a person who
| ||||||
18 | occasionally uses his own timber for sawing or processing for | ||||||
19 | his own use
and not for resale, shall report periodically, as | ||||||
20 | required by regulation
of the Department, the quantity of | ||||||
21 | timber produced and utilized by the owner
or operator during | ||||||
22 | the reporting period. Such timber grower shall pay to
the | ||||||
23 | Department, when the periodic report is submitted, an amount | ||||||
24 | equal to
4% of the minimum fair market gross value of the | ||||||
25 | timber utilized during the period. The value
of such timber | ||||||
26 | shall be determined pursuant to rule of
the Department. Such |
| |||||||
| |||||||
1 | rules shall include a voluntary arbitration program for
use in | ||||||
2 | situations in which a dispute arises as to the gross value of | ||||||
3 | the
timber.
| ||||||
4 | (d) Every timber grower who utilizes timber produced on | ||||||
5 | land the timber grower owns or operates for sawing into lumber | ||||||
6 | for processing or for resale, shall report periodically, as | ||||||
7 | required by this Act or administrative rule of the Department, | ||||||
8 | the quantity, value, and species of timber produced and | ||||||
9 | utilized by the owner or operator during the reporting period. | ||||||
10 | (e) Subsections (c) and (d) shall not apply to a person who | ||||||
11 | uses the person's own timber for sawing or processing for | ||||||
12 | personal use and not for resale. | ||||||
13 | (f) The fees required by this Section shall be deposited | ||||||
14 | in the Illinois
Forestry Development Fund, a special fund in | ||||||
15 | the State treasury Treasury , for the
purposes of the " Illinois | ||||||
16 | Forestry Development Act " .
| ||||||
17 | (Source: P.A. 89-445, eff. 2-7-96.)
| ||||||
18 | (225 ILCS 735/10) (from Ch. 111, par. 710)
| ||||||
19 | Sec. 10. Rulemaking. The Department may make such | ||||||
20 | administrative rules and regulations as may be necessary
to | ||||||
21 | carry out the provisions of this Act in accordance with the | ||||||
22 | Illinois Administrative Procedure Act .
| ||||||
23 | (Source: P.A. 76-1307 .)
| ||||||
24 | (225 ILCS 735/11) (from Ch. 111, par. 711)
|
| |||||||
| |||||||
1 | Sec. 11. Penalties and fines . All fines and penalties | ||||||
2 | associated with violations of this Act or administrative rules | ||||||
3 | thereunder, except as otherwise provided in this Act, are | ||||||
4 | payable 50% to the Department's Conservation Police Operations | ||||||
5 | Assistance Fund and 50% to the Department's Illinois Forestry | ||||||
6 | Development Fund.
| ||||||
7 | (a) Except as otherwise provided in this Act Section any | ||||||
8 | person
in violation of any of the provisions of this Act, or | ||||||
9 | administrative rules
thereunder, shall be guilty of a Class A | ||||||
10 | misdemeanor.
| ||||||
11 | (a-5) Any person convicted of violating Section 3 of this | ||||||
12 | Act shall be
guilty of
a Class A
misdemeanor and fined at least | ||||||
13 | $500 for a first offense
and
guilty of a Class 4 felony and | ||||||
14 | fined at least $1,000
for a
second or subsequent offense.
| ||||||
15 | (a-10) Any person convicted of violating subsection (a) of | ||||||
16 | Section 5 is guilty of a Class A misdemeanor if the aggregate | ||||||
17 | value of the timber cut, caused to be cut, or appropriated is | ||||||
18 | equal to or less than $500. | ||||||
19 | (a-15) Any person convicted of violating subsection (a) or | ||||||
20 | (c) of Section 9a is guilty of a Class A misdemeanor if the | ||||||
21 | aggregate value of the amount due to the Department is equal to | ||||||
22 | or less than $500. | ||||||
23 | (b) Any person convicted of violating subsection | ||||||
24 | subsections (a) or (b) of
Section 5 of this Act is guilty of a | ||||||
25 | Class 4 felony if the aggregate value
of the timber purchased, | ||||||
26 | cut, caused to be cut or appropriated is over $500 $300
but not |
| |||||||
| |||||||
1 | more than $2,500.
| ||||||
2 | (b-2) Any person convicted of violating subsection (a) or | ||||||
3 | (c) of Section 9a is guilty of a Class 4 felony if the | ||||||
4 | aggregate value of the amount due to the Department is over | ||||||
5 | $500 but not more than $2,500. | ||||||
6 | (b-5) Any person convicted of violating subsection (a) or | ||||||
7 | (b) of Section 5
of
this Act is guilty of a
Class 3 felony if | ||||||
8 | the aggregate value of the timber purchased, cut, caused to
be | ||||||
9 | cut, or appropriated is
over $2,500 but not more than $10,000.
| ||||||
10 | (b-7) Any person convicted of violating subsection (a) or | ||||||
11 | (c) of Section 9a is guilty of a Class 3 felony if the | ||||||
12 | aggregate value of the amount due to the Department is over | ||||||
13 | $2,500 but not more than $10,000. | ||||||
14 | (b-10) Any person convicted of violating subsection (a) or | ||||||
15 | (b) of Section 5
of
this Act is guilty of a
Class 2 felony if | ||||||
16 | the aggregate value of the timber purchased, cut, caused to
be | ||||||
17 | cut, or appropriated is
over $10,000.
| ||||||
18 | (b-12) Any person convicted of violating subsection (a) or | ||||||
19 | (c) of Section 9a is guilty of a Class 2 felony if the | ||||||
20 | aggregate value of the amount due to the Department is over | ||||||
21 | $10,000. | ||||||
22 | (b-15) The aggregate value of the timber purchased, cut, | ||||||
23 | caused to be cut,
or appropriated shall be determined as | ||||||
24 | provided by administrative rule.
| ||||||
25 | (c) A person convicted of violating subsection (b) (f) of | ||||||
26 | Section 5 of this
Act is guilty of a Class A misdemeanor. A |
| |||||||
| |||||||
1 | person convicted of a second or
subsequent violation is guilty | ||||||
2 | of a Class 4 felony.
| ||||||
3 | (c-5) A person convicted of violating subsection (c) of | ||||||
4 | Section 5 is guilty of a Class A misdemeanor. | ||||||
5 | (c-10) A person convicted of violating subsection (d) of | ||||||
6 | Section 5 is guilty of a Class A misdemeanor and shall be | ||||||
7 | assessed a fine of not less than $1,000. A person convicted of | ||||||
8 | a second or subsequent violation is guilty of a Class 4 felony | ||||||
9 | and shall be assessed a fine of not less than $2,000. | ||||||
10 | (c-15) A person convicted of violating subsection (f) of | ||||||
11 | Section 5 is guilty of a Class B misdemeanor. | ||||||
12 | (c-20) A person convicted of violating subsection (g) of | ||||||
13 | Section 5 is guilty of a Class C misdemeanor. | ||||||
14 | (d) All penalties issued pursuant to subsections (e) and | ||||||
15 | (f) amounts collected as fines imposed as penalties for
| ||||||
16 | violation of
this Act shall be deposited in the Illinois | ||||||
17 | Forestry Development Fund
for the purposes of the " Illinois | ||||||
18 | Forestry Development Act " .
| ||||||
19 | (e) Failure In case of a failure to pay any purchase | ||||||
20 | harvest fee required under Section
9a of this Act on the date | ||||||
21 | as required by regulation of the Department,
there shall be | ||||||
22 | added as a penalty an amount equal to 7.5% of the harvest
fee | ||||||
23 | due the Department for each month or fraction thereof during | ||||||
24 | which such
failure continues, not to exceed 37.5% in the | ||||||
25 | aggregate. This penalty
shall be in addition to any other | ||||||
26 | penalty determined under this Act or by the circuit court .
|
| |||||||
| |||||||
1 | (f) A person convicted of violating subsection (b) or (d) | ||||||
2 | of Section 9a shall be guilty of a Class C misdemeanor and | ||||||
3 | shall be assessed In case of failure to file the appropriate | ||||||
4 | report of the purchase
harvest fee form stipulated under | ||||||
5 | Section 9a of this Act on the date
prescribed therefore, a | ||||||
6 | penalty in the amount of $25 , which shall be added to the | ||||||
7 | amount due the Department for each individual
report shall be | ||||||
8 | added to the amount due the Department . A second or subsequent | ||||||
9 | offense within a 3-year period after the date of the first | ||||||
10 | offense is a Class A misdemeanor. | ||||||
11 | (g) All fines required in this Section This penalty shall
| ||||||
12 | be in addition to any other penalty authorized determined | ||||||
13 | under this Act , the Unified Code of Corrections, or imposed by | ||||||
14 | the circuit court .
| ||||||
15 | (h) Any person who knowingly or intentionally violates any | ||||||
16 | of the provisions of this Act, or administrative rules | ||||||
17 | thereunder, when the person's license has been revoked or | ||||||
18 | denied or the person's ability to engage in the activity | ||||||
19 | requiring the license has been suspended under Section 13 is | ||||||
20 | guilty of: | ||||||
21 | (1) a Class 4 felony if the underlying offense that | ||||||
22 | was committed during a period of revocation or suspension | ||||||
23 | is a misdemeanor; or | ||||||
24 | (2) one classification higher if the underlying | ||||||
25 | offense that was committed during a period of revocation | ||||||
26 | or suspension is a felony. |
| |||||||
| |||||||
1 | (Source: P.A. 92-805, eff. 8-21-02.)
| ||||||
2 | (225 ILCS 735/12) (from Ch. 111, par. 712)
| ||||||
3 | Sec. 12. Default. No certificate of license or timber | ||||||
4 | buyer identification card shall be issued to any person who is | ||||||
5 | in
default to the people of the State of Illinois for moneys | ||||||
6 | due under this
Act.
| ||||||
7 | (Source: P.A. 76-1307 .)
| ||||||
8 | (225 ILCS 735/13) (from Ch. 111, par. 713)
| ||||||
9 | Sec. 13. License revocation.
| ||||||
10 | (a) The Department may revoke the license of
any person | ||||||
11 | who violates the provisions of this Act , and may refuse to
| ||||||
12 | issue any permit or license to any such person who is in | ||||||
13 | violation of this Act for a period of time as established by | ||||||
14 | administrative rule not to exceed 5
years following such | ||||||
15 | revocation .
| ||||||
16 | (a-5) License revocation , suspension, or refusal by the | ||||||
17 | Department to issue or reissue any permit or license, and the | ||||||
18 | procedures for such action by the Department or appeals to | ||||||
19 | such action that was taken by the Department shall be | ||||||
20 | established by administrative rule and in accordance with the | ||||||
21 | Illinois Administrative Procedure Act .
| ||||||
22 | (b) (Blank). Whenever the holder of a license issued under | ||||||
23 | this Act is found guilty
of
any
misrepresentation in obtaining | ||||||
24 | his or her license or of a violation of any of
the provisions |
| |||||||
| |||||||
1 | of
this Act or rules adopted pursuant to this Act, the | ||||||
2 | Department may:
| ||||||
3 | (1) revoke his or her license;
| ||||||
4 | (2) refuse to issue a license to that person; and
| ||||||
5 | (3) suspend the person from engaging in the activity | ||||||
6 | requiring the license
for
up to 5 years
following the | ||||||
7 | revocation.
| ||||||
8 | (c) (Blank). Whenever the holder of a license issued under | ||||||
9 | this Act is found guilty
of any
misrepresentation
in obtaining | ||||||
10 | his or her license or of a violation of any of the provisions | ||||||
11 | of
this Act or rules adopted pursuant to
this Act, and his or | ||||||
12 | her license has been previously revoked or his or her
ability | ||||||
13 | to engage in the activity
requiring the license has been | ||||||
14 | previously suspended, the Department may:
| ||||||
15 | (1) revoke his or her license;
| ||||||
16 | (2) refuse to issue any license to that person; and
| ||||||
17 | (3) suspend the person from engaging in the activity | ||||||
18 | requiring the license
for
at least 5 years but
not more | ||||||
19 | than 10 years following the revocation or suspension.
| ||||||
20 | (d) (Blank). Whenever the holder of a license issued under | ||||||
21 | this Act is found guilty
of any
misrepresentation
in obtaining | ||||||
22 | that license or of a violation of any of the provisions of this
| ||||||
23 | Act or rules adopted under this
Act, and his or her license has | ||||||
24 | been previously revoked or his or her ability
to engage in the | ||||||
25 | activity
requiring the license has been suspended on 2 or more | ||||||
26 | occasions, the Department
may:
|
| |||||||
| |||||||
1 | (1) revoke his or her license;
| ||||||
2 | (2) refuse to issue any license to that person; and
| ||||||
3 | (3) suspend the person from engaging in the activity | ||||||
4 | requiring the license
for
at least 10
years but not more | ||||||
5 | than 75 years following the revocation or suspension.
| ||||||
6 | Department revocation procedures shall be established by | ||||||
7 | administrative rule.
| ||||||
8 | If the holder of a license is found negligent with respect | ||||||
9 | to any duty
required under this Act, the Department may | ||||||
10 | suspend or revoke his or her
privilege to engage in the | ||||||
11 | activity for which the license is required, his or
her | ||||||
12 | license, or both.
| ||||||
13 | (e) (Blank). Whenever a person who has not been issued a | ||||||
14 | license under this Act is
found
guilty of a
violation of the | ||||||
15 | provisions of this Act or rules adopted under this Act, the
| ||||||
16 | Department may:
| ||||||
17 | (1) refuse to issue any license to that person; and
| ||||||
18 | (2) suspend that person from engaging in the activity | ||||||
19 | requiring the
license for
up to 5 years
following the | ||||||
20 | revocation.
| ||||||
21 | (f) (Blank). Whenever a person who has not been issued a | ||||||
22 | license under this Act is
found
guilty of a violation
of this | ||||||
23 | Act or rules adopted under this Act and his or her license has | ||||||
24 | been
previously revoked or his or
her ability to engage in the | ||||||
25 | activity requiring the license has been previously
suspended, | ||||||
26 | the Department
may:
|
| |||||||
| |||||||
1 | (1) refuse to issue any license to that person; and
| ||||||
2 | (2) suspend that person from engaging in the activity | ||||||
3 | requiring the
license for
at least 5
years but not more | ||||||
4 | than 10 years following the revocation or suspension.
| ||||||
5 | (g) (Blank). Whenever a person who has not been issued a | ||||||
6 | license under this Act is
found
guilty of a violation
of this | ||||||
7 | Act or rules adopted under this Act and his or her license has | ||||||
8 | been
previously revoked or his or
her ability to engage in the | ||||||
9 | activity requiring the license has been suspended
on 2 or more | ||||||
10 | occasions, the
Department may:
| ||||||
11 | (1) refuse to issue any license to that person; and
| ||||||
12 | (2) suspend that person from engaging in the activity | ||||||
13 | requiring the
license for
at least 10 years but not more | ||||||
14 | than 75 years
following the revocation or suspension.
| ||||||
15 | (h) (Blank). Licenses authorized under this Act shall be | ||||||
16 | prepared by the Department
and
be in such form
as prescribed by | ||||||
17 | the Department. The information required on each license
shall | ||||||
18 | be completed thereon
by the issuing agent at the time of | ||||||
19 | issuance and each license shall be signed
by the licensee. All | ||||||
20 | such
licenses shall be supplied by the Department, subject to | ||||||
21 | such rules as the
Department may prescribe.
Any license that | ||||||
22 | is not properly prepared, obtained, and signed as required by
| ||||||
23 | this Act shall be void.
| ||||||
24 | (i) Any person whose license to engage in an activity | ||||||
25 | regulated by this Act
has
been revoked or
whose ability to | ||||||
26 | engage in the activity requiring the license has been
|
| |||||||
| |||||||
1 | suspended may not,
during the period of suspension or | ||||||
2 | revocation:
| ||||||
3 | (1) hold any license authorized by this Act;
| ||||||
4 | (2) perform directly or indirectly any privileges | ||||||
5 | authorized by any
license
issued in accordance
with this | ||||||
6 | Act; or
| ||||||
7 | (3) buy, sell, barter, trade, or take possession of | ||||||
8 | any timber as defined
in
this Act, regardless of
any | ||||||
9 | contractual agreements entered into prior to the | ||||||
10 | revocation or suspension.
| ||||||
11 | (j) No person may be issued a license or engage in any | ||||||
12 | activity
regulated by
this Act for which a license is required | ||||||
13 | during the time that the person's
privilege to engage in the | ||||||
14 | same or
similar activities is
suspended or revoked by another | ||||||
15 | state, by a federal agency, or by a province of
Canada.
| ||||||
16 | Any person who knowingly or intentionally violates any of | ||||||
17 | the
provisions of this Act, or administrative rules | ||||||
18 | thereunder, when his
or her license has been revoked or denied | ||||||
19 | or his or her
ability to engage in the activity requiring the | ||||||
20 | license has been suspended
under this Section, is guilty
of a | ||||||
21 | Class 4 felony.
| ||||||
22 | (Source: P.A. 92-805, eff. 8-21-02.)
| ||||||
23 | (225 ILCS 735/16) (from Ch. 111, par. 716)
| ||||||
24 | Sec. 16. Forfeiture and seizure. Any timber, forestry , or | ||||||
25 | wood cutting device or equipment,
including vehicles and |
| |||||||
| |||||||
1 | conveyances used or operated in violation of this
Act, | ||||||
2 | including administrative rules, or attempted to be used in | ||||||
3 | violation
of this Act or administrative rules shall be deemed | ||||||
4 | a public nuisance and
subject to the seizure and confiscation | ||||||
5 | by any authorized employee of the
Department; upon the seizure | ||||||
6 | of such item the Department shall take and
hold the same until | ||||||
7 | disposed of as hereinafter provided.
| ||||||
8 | Upon the seizure of any property as herein provided, the | ||||||
9 | authorized
employee of the Department making such seizure | ||||||
10 | shall forthwith cause a
complaint to be filed before the | ||||||
11 | Circuit Court and a summons to be issued
requiring the person | ||||||
12 | who illegally used or operated
or attempted to use or operate | ||||||
13 | such property and the owner and
person in possession of such | ||||||
14 | property to appear in court and show cause why
the property | ||||||
15 | seized should not be forfeited to the State. Upon the return
of | ||||||
16 | the summons duly served or other notice as herein provided, | ||||||
17 | the court
shall proceed to determine the question of the | ||||||
18 | illegality
of the use of the seized property and upon judgment | ||||||
19 | being entered to the
effect that such property was illegally | ||||||
20 | used, an order may be entered
providing for the forfeiture of | ||||||
21 | such seized property to the Department and
shall thereupon | ||||||
22 | become the property of the Department; but the owner of
such | ||||||
23 | property may have a jury determine the illegality of its use, | ||||||
24 | and
shall have the right of an appeal, as in other cases. Such | ||||||
25 | confiscation or
forfeiture shall not preclude or mitigate | ||||||
26 | against prosecution and
assessment of penalties otherwise |
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| |||||||
1 | provided in this Act.
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2 | Upon seizure of any property under circumstances | ||||||
3 | supporting a reasonable
belief that such property was | ||||||
4 | abandoned, lost , or stolen or otherwise
illegally possessed or | ||||||
5 | used contrary to the provisions of this Act, except
property | ||||||
6 | seized during a search or arrest, and ultimately returned,
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7 | destroyed, or otherwise disposed of pursuant to order of a | ||||||
8 | court in
accordance with this Act, the authorized employee of | ||||||
9 | the Department shall
make reasonable inquiry and efforts to | ||||||
10 | identify and notify the owner or
other person entitled to | ||||||
11 | possession thereof, and shall return the property
after such | ||||||
12 | person provides reasonable and satisfactory proof of his
| ||||||
13 | ownership or right to possession and reimburses the Department | ||||||
14 | for all
reasonable expenses of such custody. If the identity | ||||||
15 | or location of the
owner or other person entitled to | ||||||
16 | possession of the property has not been
ascertained within 6 | ||||||
17 | months after the Department obtains such possession,
the | ||||||
18 | Department shall effectuate the sale of the property for cash | ||||||
19 | to the
highest bidder at a public auction. The owner or other | ||||||
20 | person entitled to
possession of such property may claim and | ||||||
21 | recover possession of the
property at any time before its sale | ||||||
22 | at public auction, upon providing
reasonable and satisfactory | ||||||
23 | proof of ownership or right of possession and
reimbursing the | ||||||
24 | Department for all reasonable expenses of custody thereof.
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25 | Any property forfeited to the State by court order | ||||||
26 | pursuant to this
Section may be disposed of by public auction, |
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1 | except that any property
which is the subject of such a court | ||||||
2 | order shall not be disposed of pending
appeal of the order. The | ||||||
3 | proceeds of the sales at auction shall be
deposited in the | ||||||
4 | Illinois Forestry Development Fund.
| ||||||
5 | The Department shall pay all costs of notices required by | ||||||
6 | this Section. Property seized or forfeited under this Section | ||||||
7 | is subject to reporting under Section 5 of the Seizure and | ||||||
8 | Forfeiture Reporting Act.
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9 | (Source: P.A. 86-208.)
|