govt.fyi
Back to SB 2426
Illinois General Assembly· SB 2426Governor Approved

TREE TRANSPORTATION INITIATIVE, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
SB2426 Enrolled                      LRB104 09214 AAS 19271 b

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:
    SB2426 Enrolled         -2-   LRB104 09214 AAS 19271 b

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:
    SB2426 Enrolled         -3-      LRB104 09214 AAS 19271 b

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
    SB2426 Enrolled         -4-          LRB104 09214 AAS 19271 b

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)
    SB2426 Enrolled         -5-          LRB104 09214 AAS 19271 b

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
    SB2426 Enrolled             -6-  LRB104 09214 AAS 19271 b

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.)
    SB2426 Enrolled    -7-  LRB104 09214 AAS 19271 b

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
   SB2426 Enrolled  -8-  LRB104 09214 AAS 19271 b

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
    SB2426 Enrolled           -9-        LRB104 09214 AAS 19271 b

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:
    SB2426 Enrolled       - 10 - LRB104 09214 AAS 19271 b

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;
    SB2426 Enrolled      - 11 - LRB104 09214 AAS 19271 b

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
    SB2426 Enrolled      - 12 - LRB104 09214 AAS 19271 b

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
    SB2426 Enrolled              - 13 - LRB104 09214 AAS 19271 b

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,
   SB2426 Enrolled     - 14 - LRB104 09214 AAS 19271 b

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.