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Public Act 099-0539 | ||||
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AN ACT concerning agriculture.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Noxious Weed Law is amended by | ||||
changing Sections 2, 4, and 14 as follows:
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(505 ILCS 100/2) (from Ch. 5, par. 952)
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Sec. 2. As used in this Act: (1) "Person" means any | ||||
individual, partnership,
firm, corporation, company, society, | ||||
association, the State or any
department, agency, or | ||||
subdivision thereof, or any other entity.
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(2) "Control", "controlled" or "controlling" includes | ||||
being in
charge of or being in possession, whether as owner, | ||||
lessee, renter, or
tenant, under statutory authority, or | ||||
otherwise.
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(3) "Director" means the Director of the Department of | ||||
Agriculture
of the State of Illinois, or his or her duly | ||||
appointed representative.
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(4) "Department" means the Department of Agriculture of the | ||||
State of
Illinois.
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(5) "Noxious weed" means any plant which is determined by | ||||
the
Director, the Dean of the College of Agricultural, Consumer | ||||
and Environmental Sciences Agriculture of the University of
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Illinois and the Director of the Agricultural Experiment |
Station at the
University of Illinois, to be injurious to | ||
public health, crops,
livestock, land or other property.
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(6) "Control Authority" means the governing body of each | ||
county, and
shall represent all rural areas and cities, | ||
villages and townships
within the county boundaries.
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(7) "Applicable fund" means the fund current at the time | ||
the work is
performed or the money is received.
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(Source: P.A. 77-1037.)
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(505 ILCS 100/4) (from Ch. 5, par. 954)
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Sec. 4.
The duty of enforcing this Act and carrying out its | ||
provisions is
vested in the Director, and the authorities | ||
designated in this Act
acting under the supervision and | ||
direction of the Director. If a Control Authority fails to | ||
carry out its duties and responsibilities under this Act or | ||
fails to follow the Department's rules, the Director shall | ||
enforce this Act or rules by sending a Notice of Noncompliance | ||
to the Control Authority. The
Director, the Dean of the College | ||
of Agricultural, Consumer and Environmental Sciences | ||
Agriculture of the University of
Illinois and the Director of | ||
the Agricultural Experiment Station at the
University of | ||
Illinois, shall determine what weeds are noxious for the
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purposes of this Act, and shall compile and keep current a list | ||
of such
noxious weeds, which list shall be published and | ||
incorporated in the
rules and regulations of the Department. | ||
The Director shall, from time
to time, adopt and publish |
methods as official for control and
eradication of noxious | ||
weeds and make and publish such rules and
regulations as in his | ||
judgment are necessary to carry out the provisions
of this Act.
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(Source: P.A. 77-1037.)
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(505 ILCS 100/14) (from Ch. 5, par. 964)
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Sec. 14.
To prevent the dissemination of noxious weeds | ||
through any article,
including machinery, equipment, plants, | ||
materials and other things, the
Director, in consultation with | ||
the Dean of the College of Agricultural, Consumer and | ||
Environmental Sciences Agriculture of
the University of | ||
Illinois and the Director of the Agricultural
Experiment | ||
Station at the University of Illinois, shall, from time to
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time, publish a list of noxious weeds which may be disseminated | ||
through
articles and a list of articles capable of | ||
disseminating such weeds, and
designate treatment of such | ||
articles as, in his opinion, would prevent
such dissemination. | ||
Until such article is treated in accordance with the
applicable | ||
regulations, it shall not be moved from such premises except
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under and in accordance with the written permission of the | ||
Control
Authority having jurisdiction of the area in which such | ||
article is
located, and the Control Authority may hold or | ||
prevent its movement from
such premises. The movement of any | ||
such article which has not been so
decontaminated, except in | ||
accordance with such written permission, may
be stopped by the | ||
Control Authority having jurisdiction over the place
in which |
such movement is taking place and further movement and
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disposition shall only be in accordance with such Control | ||
Authority's
direction.
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(Source: P.A. 77-1037.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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