SB 2426

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Full Text of SB2426
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	SB2426 - 104th General Assembly
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		SB2426 Enrolled		LRB104 09214 AAS 19271 b
1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Natural Resources
5(Conservation) Law of the Civil Administrative Code of
6Illinois 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
9Director may grant authority to the officers of any adjoining
10state who are authorized and directed to enforce the laws of
11that state relating to the protection of flora and fauna to
12take any of the following actions and have the following
13powers 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
16authority granted by the Director pursuant to this Section
17shall act without compensation or other benefits from this
18State and without this State having any liability for the acts
19or omissions of that officer.
20(Source: P.A. 96-397, eff. 1-1-10; 97-1108, eff. 1-1-13;
2197-1150, eff. 1-25-13.)
22    Section 10. The Forest Products Transportation Act is
23amended by changing Sections 1, 2, 3, 6, 13, and 14 and by
24adding 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
3Timber 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
8requires: [, 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 
12tree, such as spruce, pine, or fir, that is intended to be used 
13solely for holiday decoration.
14    "Commercial tree care business" means a business working 
15in this State that is hired by a property owner, governmental 
16agency, or utility for the purpose of providing tree care 
17services, including pruning and tree removal.
18    "Firewood" means any tree or part thereof which is 
19harvested, is to be used solely for fuel, and is cut into 
20lengths not exceeding 48 inches.
21    "Person" means any person, partnership, firm, association, 
22limited liability company, business, trust, or corporation.
23    "Proof of ownership" means a printed document provided by 
24the Department that serves as a written bill of sale, a bill of 
25lading, a work order or signed sales contract associated with 
		SB2426 Enrolled	- 4 -	LRB104 09214 AAS 19271 b
1a commercial tree care business, an executed tree removal 
2permit, or any other document or method of showing legal 
3possession of timber that is approved by the Department in 
4administrative rule, including digital copies.
5    "Timber" means trees and parts thereof which can be used 
6for sawing or processing into lumber for building or 
7structural purposes or for the manufacture of any article. 
8"Timber" does not include firewood, Christmas trees, fruit or 
9ornamental trees, or wood products not used or to be used for 
10building, structural, manufacturing, or processing purposes.
11    "Tree" or "trees" means a woody perennial plant, typically 
12having a single stem or trunk, growing to a height and bearing 
13lateral 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
17owners of trees [or forest products] nor imposes any duties or
18liabilities on them not otherwise imposed by law. This Act is,
19rather, intended to protect the rights of the owners of trees, 
20identify the transportation of stolen timber, and protect the
21[and forest products as well as the interests of the] public
22interest 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 
2subject to the Timber Buyers Licensing Act [2 or more trees and ]
3[forest products, or either of them,] on any highway in this
4State shall be required to show proof of ownership as defined
5in [Section 2.06 of] this Act, except that interstate
6transporters originating outside of this State and traveling
7to destinations within or outside of this State may show
8documents in accordance with federal Motor Carrier Safety
9Administration rules in lieu of such proof of ownership.
10    If any [that] person who is subject to this Act is unable to
11show proof of ownership, the timber [and forest products] so
12hauled or transported[,] and the vehicle or conveyance used as
13the means of transportation may be held by the Department for
14disposition subject to court order. The information required 
15for proof of ownership shall be set by the Department by 
16administrative 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 
20enforcement agency may inspect any vehicle or conveyance 
21hauling or transporting timber on any road or highway in this 
22State to determine if the transportation of the timber 
23complies with this Act. If an officer of the Department or law 
24enforcement agency discovers any violation of this Act, the 
25officer may issue a summons to the person operating the 
		SB2426 Enrolled	- 6 -	LRB104 09214 AAS 19271 b
1vehicle that is hauling or transporting the timber that 
2requires that the person appears before the circuit court for 
3the 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 
7inspection at all times and shall be kept with the person's 
8vehicle or other conveyance load.
9    (b) No person shall willfully fail or refuse to comply 
10with any lawful order or direction of any officer authorized 
11by law to enforce this Act.
12    (c) No person shall knowingly falsify any information 
13required on any proof of ownership or provide false 
14information to any person that results in false information 
15being 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
18obstruct any officer, employee or agent of the Department in
19the discharge of his duties under the provisions of this Act.
20    Violations [Violation] of this Act or any administrative 
21rules adopted under this Act [Section] shall be a Class C [Class A]
22misdemeanor.
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
3equipment, including vehicles and conveyances used or operated
4in violation of this Act or rules adopted under this Act or
5attempted to be used in violation of this Act or rules adopted
6under this Act shall be deemed a public nuisance and subject to
7seizure and confiscation by any authorized employee of the
8Department. Upon the seizure of such an item the Department
9shall take and hold the item until disposed of as provided in
10this Section.
11    Upon the seizure of any property pursuant to this Section,
12the authorized employee of the Department making the seizure
13shall forthwith cause a complaint to be filed before the
14circuit court and a summons to be issued requiring the person
15who illegally used or operated or attempted to use or operate
16the property and the owner and person in possession of the
17property to appear in court and show cause why the seized
18property should not be forfeited to the State. Upon the return
19of the summons duly served or other notice as provided in this
20Section, the court shall proceed to determine the question of
21the illegality of the use of the seized property and upon
22judgment being entered to the effect that the property was
23illegally used, an order may be entered providing for the
24forfeiture of the seized property to the Department, which
25shall thereupon become the property of the Department.
26However, the owner of the property may have a jury determine
		SB2426 Enrolled	- 8 -	LRB104 09214 AAS 19271 b
1the illegality of its use and shall have the right of an appeal
2as in other cases. Such a confiscation or forfeiture shall not
3preclude or mitigate against prosecution and assessment of
4penalties otherwise provided in this Act.
5    Upon seizure of any property under circumstances
6supporting a reasonable belief that the property was
7abandoned, lost, stolen, or otherwise illegally possessed or
8used contrary to the provisions of this Act, except property
9seized during a search or arrest and ultimately returned,
10destroyed, or otherwise disposed of pursuant to a court order
11in accordance with this Act, the authorized employee of the
12Department shall make reasonable inquiry and efforts to
13identify and notify the owner or other person entitled to
14possession thereof and shall return the property after that
15person provides reasonable and satisfactory proof of his or
16her ownership or right to possession and reimburses the
17Department for all reasonable expenses of such custody. If the
18identity or location of the owner or other person entitled to
19possession of the property has not been ascertained within 6
20months after the Department obtains possession, the Department
21shall effectuate the sale of the property for cash to the
22highest bidder at a public auction. The owner or other person
23entitled to possession of the property may claim and recover
24possession of the property at any time before its sale at
25public auction upon providing reasonable and satisfactory
26proof of ownership or right of possession and after
		SB2426 Enrolled	- 9 -	LRB104 09214 AAS 19271 b
1reimbursing the Department for all reasonable expenses of
2custody thereof.
3    Any property forfeited to the State by court order
4pursuant to this Section may be disposed of by public auction,
5except that any property that is the subject of such a court
6order shall not be disposed of pending appeal of the order. The
7proceeds of the sale at auction shall be deposited in the
8Illinois Forestry Development Fund.
9    The Department shall pay all costs of notices required by
10this 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
20amended by repealing Sections 2.02, 2.03, 2.04, 2.05, 2.06,
212.07, and 5.
22    Section 20. The Criminal and Traffic Assessment Act is
23amended 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
4schedules 1 through 13 of this Act.
5    "Business offense" means any offense punishable by a fine
6in excess of $1,000 and for which a sentence of imprisonment is
7not an authorized disposition.
8    "Case" means all charges and counts filed against a single
9defendant which are being prosecuted as a single proceeding
10before the court.
11    "Count" means each separate offense charged in the same
12indictment, information, or complaint when the indictment,
13information, or complaint alleges the commission of more than
14one offense.
15    "Conservation offense" means any violation of the
16following Acts, Codes, or ordinances, except any offense
17punishable upon conviction by imprisonment in the
18penitentiary:
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
19entered upon a plea of guilty or upon a verdict or finding of
20guilty of an offense, rendered by a legally constituted jury
21or by a court of competent jurisdiction authorized to try the
22case without a jury.
23    "Drug offense" means any violation of the Cannabis Control
24Act, the Illinois Controlled Substances Act, the
25Methamphetamine Control and Community Protection Act, or any
26similar local ordinance which involves the possession or
		SB2426 Enrolled	- 12 -	LRB104 09214 AAS 19271 b
1delivery of a drug.
2    "Drug-related emergency response" means the act of
3collecting evidence from or securing a site where controlled
4substances were manufactured, or where by-products from the
5manufacture of controlled substances are present, and cleaning
6up the site, whether these actions are performed by public
7entities or private contractors paid by public entities.
8    "Electronic citation" means the process of transmitting
9traffic, misdemeanor, ordinance, conservation, or other
10citations and law enforcement data via electronic means to a
11circuit court clerk.
12    "Emergency response" means any incident requiring a
13response by a police officer, an ambulance, a firefighter
14carried on the rolls of a regularly constituted fire
15department or fire protection district, a firefighter of a
16volunteer fire department, or a member of a recognized
17not-for-profit rescue or emergency medical service provider.
18"Emergency response" does not include a drug-related emergency
19response.
20    "Felony offense" means an offense for which a sentence to
21a term of imprisonment in a penitentiary for one year or more
22is provided.
23    "Fine" means a pecuniary punishment for a conviction or
24supervision disposition as ordered by a court of law.
25    "Highest classified offense" means the offense in the case
26which carries the most severe potential disposition under
		SB2426 Enrolled	- 13 -	LRB104 09214 AAS 19271 b
1Article 4.5 of Chapter V of the Unified Code of Corrections.
2    "Major traffic offense" means a traffic offense, as
3defined by paragraph (f) of Supreme Court Rule 501, other than
4a petty offense or business offense.
5    "Minor traffic offense" means a traffic offense, as
6defined by paragraph (f) of Supreme Court Rule 501, that is a
7petty offense or business offense.
8    "Misdemeanor offense" means any offense for which a
9sentence to a term of imprisonment in other than a
10penitentiary for less than one year may be imposed.
11    "Offense" means a violation of any local ordinance or
12penal statute of this State.
13    "Petty offense" means any offense punishable by a fine of
14up to $1,000 and for which a sentence of imprisonment is not an
15authorized disposition.
16    "Service provider costs" means costs incurred as a result
17of services provided by an entity including, but not limited
18to, traffic safety programs, laboratories, ambulance
19companies, and fire departments. "Service provider costs"
20includes conditional amounts under this Act that are
21reimbursements for services provided.
22    "Street value" means the amount determined by the court on
23the basis of testimony of law enforcement personnel and the
24defendant as to the amount of drug or materials seized and any
25testimony as may be required by the court as to the current
26street value of the cannabis, controlled substance,
		SB2426 Enrolled	- 14 -	LRB104 09214 AAS 19271 b
1methamphetamine or salt of an optical isomer of
2methamphetamine, or methamphetamine manufacturing materials
3seized.
4    "Supervision" means a disposition of conditional and
5revocable release without probationary supervision, but under
6the conditions and reporting requirements as are imposed by
7the court, at the successful conclusion of which disposition
8the defendant is discharged and a judgment dismissing the
9charges is entered.
10(Source: P.A. 103-620, eff. 1-1-25.)