225 ILCS 740/ Timber Transportation Act.

(225 ILCS 740/1) (from Ch. 96 1/2, par. 6901)

Sec. 1. This Act shall be known and may be cited as the Timber Transportation Act.

(Source: P.A. 104-419, eff. 1-1-26.)

(225 ILCS 740/2) (from Ch. 96 1/2, par. 6902)

Sec. 2. As used in this Act, unless the context otherwise requires:

"Christmas tree" means a coniferous evergreen species of tree, such as spruce, pine, or fir, that is intended to be used solely for holiday decoration.

"Commercial tree care business" means a business working in this State that is hired by a property owner, governmental agency, or utility for the purpose of providing tree care services, including pruning and tree removal.

"Firewood" means any tree or part thereof which is harvested, is to be used solely for fuel, and is cut into lengths not exceeding 48 inches.

"Person" means any person, partnership, firm, association, limited liability company, business, trust, or corporation.

"Proof of ownership" means a printed document provided by the Department that serves as a written bill of sale, a bill of lading, a work order or signed sales contract associated with a commercial tree care business, an executed tree removal permit, or any other document or method of showing legal possession of timber that is approved by the Department in administrative rule, including digital copies.

"Timber" means trees and parts thereof which can be used for sawing or processing into lumber for building or structural purposes or for the manufacture of any article. "Timber" does not include firewood, Christmas trees, fruit or ornamental trees, or wood products not used or to be used for building, structural, manufacturing, or processing purposes.

"Tree" or "trees" means a woody perennial plant, typically having a single stem or trunk, growing to a height and bearing lateral branches at some distance from the ground.

(Source: P.A. 104-419, eff. 1-1-26.)

(225 ILCS 740/2.01) (from Ch. 96 1/2, par. 6903)

Sec. 2.01. "Department" means the Department of Natural Resources.

(Source: P.A. 89-445, eff. 2-7-96.)

(225 ILCS 740/2.02) (from Ch. 96 1/2, par. 6904)

Sec. 2.02. (Repealed).

(Source: P.A. 101-81, eff. 7-12-19. Repealed by P.A. 104-419, eff. 1-1-26.)

(225 ILCS 740/2.03) (from Ch. 96 1/2, par. 6905)

Sec. 2.03. (Repealed).

(Source: P.A. 77-2801. Repealed by P.A. 104-419, eff. 1-1-26.)

(225 ILCS 740/2.04) (from Ch. 96 1/2, par. 6906)

Sec. 2.04. (Repealed).

(Source: P.A. 77-2801. Repealed by P.A. 104-419, eff. 1-1-26.)

(225 ILCS 740/2.05) (from Ch. 96 1/2, par. 6907)

Sec. 2.05. (Repealed).

(Source: P.A. 77-2801. Repealed by P.A. 104-419, eff. 1-1-26.)

(225 ILCS 740/2.06) (from Ch. 96 1/2, par. 6908)

Sec. 2.06. (Repealed).

(Source: P.A. 92-805, eff. 8-21-02. Repealed by P.A. 104-419, eff. 1-1-26.)

(225 ILCS 740/2.07) (from Ch. 96 1/2, par. 6909)

Sec. 2.07. (Repealed).

(Source: P.A. 77-2801. Repealed by P.A. 104-419, eff. 1-1-26.)

(225 ILCS 740/3) (from Ch. 96 1/2, par. 6910)

Sec. 3. Nothing in this Act affects the rights of the owners of trees nor imposes any duties or liabilities on them not otherwise imposed by law. This Act is, rather, intended to protect the rights of the owners of trees, identify the transportation of stolen timber, and protect the public interest in trees on public lands.

(Source: P.A. 104-419, eff. 1-1-26.)

(225 ILCS 740/4) (from Ch. 96 1/2, par. 6911)

Sec. 4. (Repealed).

(Source: P.A. 77-2801. Repealed by P.A. 92-805, eff. 8-21-02.)

(225 ILCS 740/5) (from Ch. 96 1/2, par. 6912)

Sec. 5. (Repealed).

(Source: P.A. 85-294. Repealed by P.A. 104-419, eff. 1-1-26.)

(225 ILCS 740/6) (from Ch. 96 1/2, par. 6913)

Sec. 6. Any person hauling or transporting timber that is subject to the Timber Buyers Licensing Act on any highway in this State shall be required to show proof of ownership as defined in this Act, except that interstate transporters originating outside of this State and traveling to destinations within or outside of this State may show documents in accordance with federal Motor Carrier Safety Administration rules in lieu of such proof of ownership.

If any person who is subject to this Act is unable to show proof of ownership, the timber so hauled or transported and the vehicle or conveyance used as the means of transportation may be held by the Department for disposition subject to court order. The information required for proof of ownership shall be set by the Department by administrative rule.

(Source: P.A. 104-419, eff. 1-1-26.)

(225 ILCS 740/6.5)

Sec. 6.5. Inspection. The Department or any law enforcement agency may inspect any vehicle or conveyance hauling or transporting timber on any road or highway in this State to determine if the transportation of the timber complies with this Act. If an officer of the Department or law enforcement agency discovers any violation of this Act, the officer may issue a summons to the person operating the vehicle that is hauling or transporting the timber that requires that the person appears before the circuit court for the county within which the offense was committed.

(Source: P.A. 104-419, eff. 1-1-26.)

(225 ILCS 740/6.8)

Sec. 6.8. Violations.

(a) A person's proof of ownership shall be available for inspection at all times and shall be kept with the person's vehicle or other conveyance load.

(b) No person shall willfully fail or refuse to comply with any lawful order or direction of any officer authorized by law to enforce this Act.

(c) No person shall knowingly falsify any information required on any proof of ownership or provide false information to any person that results in false information being provided on any proof of ownership.

(Source: P.A. 104-419, eff. 1-1-26.)

(225 ILCS 740/7) (from Ch. 96 1/2, par. 6914)

Sec. 7. (Repealed).

(Source: P.A. 77-2801. Repealed by P.A. 92-805, eff. 8-21-02.)

(225 ILCS 740/8) (from Ch. 96 1/2, par. 6915)

Sec. 8. (Repealed).

(Source: P.A. 77-2801. Repealed by P.A. 92-805, eff. 8-21-02.)

(225 ILCS 740/9) (from Ch. 96 1/2, par. 6916)

Sec. 9. This Act does not apply to the removal of any trees or parts of trees or to their hauling or transportation by the federal government, the State of Illinois or by any unit of local government within the State of Illinois.

(Source: P.A. 77-2801.)

(225 ILCS 740/10) (from Ch. 96 1/2, par. 6917)

Sec. 10. The Department of Natural Resources may promulgate such rules and regulations as may be necessary or desirable to effectuate the purposes of this Act.

(Source: P.A. 92-805, eff. 8-21-02.)

(225 ILCS 740/11) (from Ch. 96 1/2, par. 6918)

Sec. 11. The Department of Natural Resources shall enforce this Act. Any law enforcement officer employed by the State or by any county or municipality within the State has the authority to apprehend persons violating any provision of this Act and to cooperate with the Department in the enforcement of this Act.

(Source: P.A. 89-445, eff. 2-7-96.)

(225 ILCS 740/12) (from Ch. 96 1/2, par. 6919)

Sec. 12. Except as otherwise provided under this Act, any person violating any provision of this Act, including administrative rules, shall be guilty of a Class B misdemeanor.

(Source: P.A. 85-294.)

(225 ILCS 740/13) (from Ch. 96 1/2, par. 6920)

Sec. 13. It shall be unlawful for any person to resist or obstruct any officer, employee or agent of the Department in the discharge of his duties under the provisions of this Act.

Violations of this Act or any administrative rules adopted under this Act shall be a Class C misdemeanor.

(Source: P.A. 104-419, eff. 1-1-26.)

(225 ILCS 740/14)

Sec. 14. Any timber or wood cutting device or equipment, including vehicles and conveyances used or operated in violation of this Act or rules adopted under this Act or attempted to be used in violation of this Act or rules adopted under this Act shall be deemed a public nuisance and subject to seizure and confiscation by any authorized employee of the Department. Upon the seizure of such an item the Department shall take and hold the item until disposed of as provided in this Section.

Upon the seizure of any property pursuant to this Section, the authorized employee of the Department making the seizure shall forthwith cause a complaint to be filed before the circuit court and a summons to be issued requiring the person who illegally used or operated or attempted to use or operate the property and the owner and person in possession of the property to appear in court and show cause why the seized property should not be forfeited to the State. Upon the return of the summons duly served or other notice as provided in this Section, the court shall proceed to determine the question of the illegality of the use of the seized property and upon judgment being entered to the effect that the property was illegally used, an order may be entered providing for the forfeiture of the seized property to the Department, which shall thereupon become the property of the Department. However, the owner of the property may have a jury determine the illegality of its use and shall have the right of an appeal as in other cases. Such a confiscation or forfeiture shall not preclude or mitigate against prosecution and assessment of penalties otherwise provided in this Act.

Upon seizure of any property under circumstances supporting a reasonable belief that the property was abandoned, lost, stolen, or otherwise illegally possessed or used contrary to the provisions of this Act, except property seized during a search or arrest and ultimately returned, destroyed, or otherwise disposed of pursuant to a court order in accordance with this Act, the authorized employee of the Department shall make reasonable inquiry and efforts to identify and notify the owner or other person entitled to possession thereof and shall return the property after that person provides reasonable and satisfactory proof of his or her ownership or right to possession and reimburses the Department for all reasonable expenses of such custody. If the identity or location of the owner or other person entitled to possession of the property has not been ascertained within 6 months after the Department obtains possession, the Department shall effectuate the sale of the property for cash to the highest bidder at a public auction. The owner or other person entitled to possession of the property may claim and recover possession of the property at any time before its sale at public auction upon providing reasonable and satisfactory proof of ownership or right of possession and after reimbursing the Department for all reasonable expenses of custody thereof.

Any property forfeited to the State by court order pursuant to this Section may be disposed of by public auction, except that any property that is the subject of such a court order shall not be disposed of pending appeal of the order. The proceeds of the sale at auction shall be deposited in the Illinois Forestry Development Fund.

The Department shall pay all costs of notices required by this Section.

(Source: P.A. 104-419, eff. 1-1-26.)