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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Department of Natural Resources
5 (Conservation) Law of the Civil Administrative Code of
6 Illinois is amended by changing Section 805-540 as follows:
7 (20 ILCS 805/805-540) (was 20 ILCS 805/63b2.6)
8 Sec. 805-540. Enforcement of adjoining state's laws. The
9 Director may grant authority to the officers of any adjoining
10 state who are authorized and directed to enforce the laws of
11 that state relating to the protection of flora and fauna to
12 take any of the following actions and have the following
13 powers within the State of Illinois:
14 (1) To follow, seize, and return to the adjoining
15 state any flora or fauna or part thereof shipped or taken
16 from the adjoining state in violation of the laws of that
17 state and brought into this State.
18 (2) To dispose of any such flora or fauna or part
19 thereof under the supervision of an Illinois Conservation
20 Police Officer.
21 (3) To enforce as an agent of this State, with the same
22 powers as an Illinois Conservation Police Officer, each of
23 the following laws of this State:
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1 (i) The Illinois Endangered Species Protection
2 Act.
3 (ii) The Fish and Aquatic Life Code.
4 (iii) The Wildlife Code.
5 (iv) The Wildlife Habitat Management Areas Act.
6 (v) Section 48-3 of the Criminal Code of 2012
7 (hunter or fisherman interference).
8 (vi) The Illinois Non-Game Wildlife Protection
9 Act.
10 (vii) The Ginseng Harvesting Act.
11 (viii) The State Forest Act.
12 (ix) The Timber Transportation Act Forest Products
13 Transportation Act.
14 (x) The Timber Buyers Licensing Act.
15 Any officer of an adjoining state acting under a power or
16 authority granted by the Director pursuant to this Section
17 shall act without compensation or other benefits from this
18 State and without this State having any liability for the acts
19 or omissions of that officer.
20 (Source: P.A. 96-397, eff. 1-1-10; 97-1108, eff. 1-1-13;
21 97-1150, eff. 1-25-13.)
22 Section 10. The Forest Products Transportation Act is
23 amended by changing Sections 1, 2, 3, 6, 13, and 14 and by
24 adding Sections 6.5 and 6.8 as follows:
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1 (225 ILCS 740/1) (from Ch. 96 1/2, par. 6901)
2 Sec. 1. This Act shall be known and may be cited as the
3 Timber Transportation Act "Forest Products Transportation
4 Act".
5 (Source: P.A. 77-2801.)
6 (225 ILCS 740/2) (from Ch. 96 1/2, par. 6902)
7 Sec. 2. As used in this Act, unless the context otherwise
8 requires: , the terms defined in the Sections following this
9 Section and preceding Section 3 have the meanings ascribed to
10 them in those Sections.
11 "Christmas tree" means a coniferous evergreen species of
12 tree, such as spruce, pine, or fir, that is intended to be used
13 solely for holiday decoration.
14 "Commercial tree care business" means a business working
15 in this State that is hired by a property owner, governmental
16 agency, or utility for the purpose of providing tree care
17 services, including pruning and tree removal.
18 "Firewood" means any tree or part thereof which is
19 harvested, is to be used solely for fuel, and is cut into
20 lengths not exceeding 48 inches.
21 "Person" means any person, partnership, firm, association,
22 limited liability company, business, trust, or corporation.
23 "Proof of ownership" means a printed document provided by
24 the Department that serves as a written bill of sale, a bill of
25 lading, a work order or signed sales contract associated with
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1 a commercial tree care business, an executed tree removal
2 permit, or any other document or method of showing legal
3 possession of timber that is approved by the Department in
4 administrative rule, including digital copies.
5 "Timber" means trees and parts thereof which can be used
6 for sawing or processing into lumber for building or
7 structural purposes or for the manufacture of any article.
8 "Timber" does not include firewood, Christmas trees, fruit or
9 ornamental trees, or wood products not used or to be used for
10 building, structural, manufacturing, or processing purposes.
11 "Tree" or "trees" means a woody perennial plant, typically
12 having a single stem or trunk, growing to a height and bearing
13 lateral branches at some distance from the ground.
14 (Source: P.A. 97-333, eff. 8-12-11.)
15 (225 ILCS 740/3) (from Ch. 96 1/2, par. 6910)
16 Sec. 3. Nothing in this Act affects the rights of the
17 owners of trees or forest products nor imposes any duties or
18 liabilities on them not otherwise imposed by law. This Act is,
19 rather, intended to protect the rights of the owners of trees,
20 identify the transportation of stolen timber, and protect the
21 and forest products as well as the interests of the public
22 interest in trees and forest products on public lands.
23 (Source: P.A. 77-2801.)
24 (225 ILCS 740/6) (from Ch. 96 1/2, par. 6913)
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1 Sec. 6. Any person hauling or transporting timber that is
2 subject to the Timber Buyers Licensing Act 2 or more trees and
3 forest products, or either of them, on any highway in this
4 State shall be required to show proof of ownership as defined
5 in Section 2.06 of this Act, except that interstate
6 transporters originating outside of this State and traveling
7 to destinations within or outside of this State may show
8 documents in accordance with federal Motor Carrier Safety
9 Administration rules in lieu of such proof of ownership.
10 If any that person who is subject to this Act is unable to
11 show proof of ownership, the timber and forest products so
12 hauled or transported, and the vehicle or conveyance used as
13 the means of transportation may be held by the Department for
14 disposition subject to court order. The information required
15 for proof of ownership shall be set by the Department by
16 administrative rule.
17 (Source: P.A. 92-805, eff. 8-21-02.)
18 (225 ILCS 740/6.5 new)
19 Sec. 6.5. Inspection. The Department or any law
20 enforcement agency may inspect any vehicle or conveyance
21 hauling or transporting timber on any road or highway in this
22 State to determine if the transportation of the timber
23 complies with this Act. If an officer of the Department or law
24 enforcement agency discovers any violation of this Act, the
25 officer may issue a summons to the person operating the
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1 vehicle that is hauling or transporting the timber that
2 requires that the person appears before the circuit court for
3 the county within which the offense was committed.
4 (225 ILCS 740/6.8 new)
5 Sec. 6.8. Violations.
6 (a) A person's proof of ownership shall be available for
7 inspection at all times and shall be kept with the person's
8 vehicle or other conveyance load.
9 (b) No person shall willfully fail or refuse to comply
10 with any lawful order or direction of any officer authorized
11 by law to enforce this Act.
12 (c) No person shall knowingly falsify any information
13 required on any proof of ownership or provide false
14 information to any person that results in false information
15 being provided on any proof of ownership.
16 (225 ILCS 740/13) (from Ch. 96 1/2, par. 6920)
17 Sec. 13. It shall be unlawful for any person to resist or
18 obstruct any officer, employee or agent of the Department in
19 the discharge of his duties under the provisions of this Act.
20 Violations Violation of this Act or any administrative
21 rules adopted under this Act Section shall be a Class C Class A
22 misdemeanor.
23 (Source: P.A. 85-294.)
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1 (225 ILCS 740/14)
2 Sec. 14. Any timber, forestry, or wood cutting device or
3 equipment, including vehicles and conveyances used or operated
4 in violation of this Act or rules adopted under this Act or
5 attempted to be used in violation of this Act or rules adopted
6 under this Act shall be deemed a public nuisance and subject to
7 seizure and confiscation by any authorized employee of the
8 Department. Upon the seizure of such an item the Department
9 shall take and hold the item until disposed of as provided in
10 this Section.
11 Upon the seizure of any property pursuant to this Section,
12 the authorized employee of the Department making the seizure
13 shall forthwith cause a complaint to be filed before the
14 circuit court and a summons to be issued requiring the person
15 who illegally used or operated or attempted to use or operate
16 the property and the owner and person in possession of the
17 property to appear in court and show cause why the seized
18 property should not be forfeited to the State. Upon the return
19 of the summons duly served or other notice as provided in this
20 Section, the court shall proceed to determine the question of
21 the illegality of the use of the seized property and upon
22 judgment being entered to the effect that the property was
23 illegally used, an order may be entered providing for the
24 forfeiture of the seized property to the Department, which
25 shall thereupon become the property of the Department.
26 However, the owner of the property may have a jury determine
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1 the illegality of its use and shall have the right of an appeal
2 as in other cases. Such a confiscation or forfeiture shall not
3 preclude or mitigate against prosecution and assessment of
4 penalties otherwise provided in this Act.
5 Upon seizure of any property under circumstances
6 supporting a reasonable belief that the property was
7 abandoned, lost, stolen, or otherwise illegally possessed or
8 used contrary to the provisions of this Act, except property
9 seized during a search or arrest and ultimately returned,
10 destroyed, or otherwise disposed of pursuant to a court order
11 in accordance with this Act, the authorized employee of the
12 Department shall make reasonable inquiry and efforts to
13 identify and notify the owner or other person entitled to
14 possession thereof and shall return the property after that
15 person provides reasonable and satisfactory proof of his or
16 her ownership or right to possession and reimburses the
17 Department for all reasonable expenses of such custody. If the
18 identity or location of the owner or other person entitled to
19 possession of the property has not been ascertained within 6
20 months after the Department obtains possession, the Department
21 shall effectuate the sale of the property for cash to the
22 highest bidder at a public auction. The owner or other person
23 entitled to possession of the property may claim and recover
24 possession of the property at any time before its sale at
25 public auction upon providing reasonable and satisfactory
26 proof of ownership or right of possession and after
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1 reimbursing the Department for all reasonable expenses of
2 custody thereof.
3 Any property forfeited to the State by court order
4 pursuant to this Section may be disposed of by public auction,
5 except that any property that is the subject of such a court
6 order shall not be disposed of pending appeal of the order. The
7 proceeds of the sale at auction shall be deposited in the
8 Illinois Forestry Development Fund.
9 The Department shall pay all costs of notices required by
10 this Section.
11 (Source: P.A. 92-805, eff. 8-21-02.)
12 (225 ILCS 740/2.02 rep.)
13 (225 ILCS 740/2.03 rep.)
14 (225 ILCS 740/2.04 rep.)
15 (225 ILCS 740/2.05 rep.)
16 (225 ILCS 740/2.06 rep.)
17 (225 ILCS 740/2.07 rep.)
18 (225 ILCS 740/5 rep.)
19 Section 15. The Forest Products Transportation Act is
20 amended by repealing Sections 2.02, 2.03, 2.04, 2.05, 2.06,
21 2.07, and 5.
22 Section 20. The Criminal and Traffic Assessment Act is
23 amended by changing Section 1-5 as follows:
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1 (705 ILCS 135/1-5)
2 Sec. 1-5. Definitions. In this Act:
3 "Assessment" means any costs imposed on a defendant under
4 schedules 1 through 13 of this Act.
5 "Business offense" means any offense punishable by a fine
6 in excess of $1,000 and for which a sentence of imprisonment is
7 not an authorized disposition.
8 "Case" means all charges and counts filed against a single
9 defendant which are being prosecuted as a single proceeding
10 before the court.
11 "Count" means each separate offense charged in the same
12 indictment, information, or complaint when the indictment,
13 information, or complaint alleges the commission of more than
14 one offense.
15 "Conservation offense" means any violation of the
16 following Acts, Codes, or ordinances, except any offense
17 punishable upon conviction by imprisonment in the
18 penitentiary:
19 (1) Fish and Aquatic Life Code;
20 (2) Wildlife Code;
21 (3) Boat Registration and Safety Act;
22 (4) Park District Code;
23 (5) Chicago Park District Act;
24 (6) State Parks Act;
25 (7) State Forest Act;
26 (8) Forest Fire Protection District Act;
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1 (9) Snowmobile Registration and Safety Act;
2 (10) Endangered Species Protection Act;
3 (11) Timber Transportation Act Forest Products
4 Transportation Act;
5 (12) Timber Buyers Licensing Act;
6 (13) Downstate Forest Preserve District Act;
7 (14) Illinois Exotic Weeds Act;
8 (15) Ginseng Harvesting Act;
9 (16) Cave Protection Act;
10 (17) ordinances adopted under the Counties Code for
11 the acquisition of property for parks or recreational
12 areas;
13 (18) Recreational Trails of Illinois Act;
14 (19) Herptiles-Herps Act; or
15 (20) any rule, regulation, proclamation, or ordinance
16 adopted under any Code or Act named in paragraphs (1)
17 through (19) of this definition.
18 "Conviction" means a judgment of conviction or sentence
19 entered upon a plea of guilty or upon a verdict or finding of
20 guilty of an offense, rendered by a legally constituted jury
21 or by a court of competent jurisdiction authorized to try the
22 case without a jury.
23 "Drug offense" means any violation of the Cannabis Control
24 Act, the Illinois Controlled Substances Act, the
25 Methamphetamine Control and Community Protection Act, or any
26 similar local ordinance which involves the possession or
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1 delivery of a drug.
2 "Drug-related emergency response" means the act of
3 collecting evidence from or securing a site where controlled
4 substances were manufactured, or where by-products from the
5 manufacture of controlled substances are present, and cleaning
6 up the site, whether these actions are performed by public
7 entities or private contractors paid by public entities.
8 "Electronic citation" means the process of transmitting
9 traffic, misdemeanor, ordinance, conservation, or other
10 citations and law enforcement data via electronic means to a
11 circuit court clerk.
12 "Emergency response" means any incident requiring a
13 response by a police officer, an ambulance, a firefighter
14 carried on the rolls of a regularly constituted fire
15 department or fire protection district, a firefighter of a
16 volunteer fire department, or a member of a recognized
17 not-for-profit rescue or emergency medical service provider.
18 "Emergency response" does not include a drug-related emergency
19 response.
20 "Felony offense" means an offense for which a sentence to
21 a term of imprisonment in a penitentiary for one year or more
22 is provided.
23 "Fine" means a pecuniary punishment for a conviction or
24 supervision disposition as ordered by a court of law.
25 "Highest classified offense" means the offense in the case
26 which carries the most severe potential disposition under
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1 Article 4.5 of Chapter V of the Unified Code of Corrections.
2 "Major traffic offense" means a traffic offense, as
3 defined by paragraph (f) of Supreme Court Rule 501, other than
4 a petty offense or business offense.
5 "Minor traffic offense" means a traffic offense, as
6 defined by paragraph (f) of Supreme Court Rule 501, that is a
7 petty offense or business offense.
8 "Misdemeanor offense" means any offense for which a
9 sentence to a term of imprisonment in other than a
10 penitentiary for less than one year may be imposed.
11 "Offense" means a violation of any local ordinance or
12 penal statute of this State.
13 "Petty offense" means any offense punishable by a fine of
14 up to $1,000 and for which a sentence of imprisonment is not an
15 authorized disposition.
16 "Service provider costs" means costs incurred as a result
17 of services provided by an entity including, but not limited
18 to, traffic safety programs, laboratories, ambulance
19 companies, and fire departments. "Service provider costs"
20 includes conditional amounts under this Act that are
21 reimbursements for services provided.
22 "Street value" means the amount determined by the court on
23 the basis of testimony of law enforcement personnel and the
24 defendant as to the amount of drug or materials seized and any
25 testimony as may be required by the court as to the current
26 street value of the cannabis, controlled substance,
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1 methamphetamine or salt of an optical isomer of
2 methamphetamine, or methamphetamine manufacturing materials
3 seized.
4 "Supervision" means a disposition of conditional and
5 revocable release without probationary supervision, but under
6 the conditions and reporting requirements as are imposed by
7 the court, at the successful conclusion of which disposition
8 the defendant is discharged and a judgment dismissing the
9 charges is entered.
10 (Source: P.A. 103-620, eff. 1-1-25.)Every fact on this page links to its source, starting with the official bill record.