Illinois Compiled Statutes 225 ILCS 735 — Timber Buyers Licensing Act.

This Act may be known and cited as the "Timber Buyers Licensing Act"

This Act may be known and cited as the "Timber Buyers Licensing Act". (Source: P.A. 76-1307.)

Definitions

Definitions. When used in this Act, unless the context otherwise requires, the term: "Agent" means any person acting on behalf of a timber buyer, employed by a timber buyer, or under an agreement, whether oral or written, with a timber buyer who buys timber, attempts to buy timber, procures contracts for the purchase o…

License required

License required. Every person before engaging in the business of a timber buyer shall obtain a license for such purpose from the Department. Application for such license shall be filed with the Department and shall set forth the name of the applicant, its principal officers if the applicant is a corporation or the par…

Liability insurance

Liability insurance. Every person licensed as a timber buyer shall file with the Department a certificate of liability insurance. No such liability insurance policy shall be effective under this Section unless issued by an insurance company or surety company authorized to do business in this State. Except as otherwise…

Prohibitions

Prohibitions. It shall be unlawful and a violation of this Act: (a) For any person to knowingly: (1) cut, cause to be cut, take, or caused to be taken, any timber without the consent of the timber grower; or (2) enter into an agreement or contract with a timber grower for the cutting of timber and: (A) misrepresenting…

License; issuance, validity, and renewal; certificate

License; issuance, validity, and renewal; certificate. All persons buying timber under this Act must possess a valid timber buyer's license. Licenses authorized under this Act shall be prepared by the Department and be in such form as prescribed by the Department. The information required on each license shall be compl…

Application fee

Application fee. The application for a resident license to operate as a timber buyer, or a renewal thereof, shall be accompanied by a non-refundable filing fee of $125. The application for a non-resident license to operate as a timber buyer, or a renewal thereof, shall be accompanied by a non-refundable filing fee of $…

Records and inspection

Records and inspection. The Department or any law enforcement agency may inspect any premises used by any timber buyer in the conduct of the buyer's business during normal business hours, and such inspection may include, but is not limited to, the inventory, timber, books, accounts, records, proof of ownership, or othe…

Reporting a harvest fee

Reporting a harvest fee. (a) When a timber buyer buys timber in this State, the timber buyer and timber grower shall determine the amount to be paid for such timber, or the value of items to be bartered for such timber, and the timber buyer shall deduct from the payment to the timber grower an amount which equals 4% of…

Rulemaking

Rulemaking. The Department may make such administrative rules and regulations as may be necessary to carry out the provisions of this Act in accordance with the Illinois Administrative Procedure Act. (Source: P.A. 103-218, eff. 1-1-24.)

Penalties and fines

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

Default

Default. No certificate of license or timber buyer identification card shall be issued to any person who is in default to the people of the State for moneys due under this Act. (Source: P.A. 103-218, eff. 1-1-24.)

License revocation

License revocation. (a) The Department may revoke the license of any person who violates the provisions of this Act and may refuse to issue any permit or license to any person who is in violation of this Act for a period of time as established by administrative rule. (a-5) License revocation, suspension, or refusal by…

The Department may, by application to any circuit court or to a judge thereof, obtain an injunction restraining any person who engages in the business of timber buyer in this State without a certificate of license (either because his certificate of license has been revoked or because of a failure to obtain a certificat…

Forfeiture and seizure

Forfeiture and seizure. Any timber, forestry, or wood cutting device or equipment, including vehicles and conveyances used or operated in violation of this Act, including administrative rules, or attempted to be used in violation of this Act or administrative rules shall be deemed a public nuisance and subject to the s…