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| 1 | AN ACT concerning agriculture.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Noxious Weed Law is amended by | ||||||
| 5 | changing Sections 2, 4, and 14 as follows:
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| 6 | (505 ILCS 100/2) (from Ch. 5, par. 952)
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| 7 | Sec. 2. As used in this Act: (1) "Person" means any | ||||||
| 8 | individual, partnership,
firm, corporation, company, society, | ||||||
| 9 | association, the State or any
department, agency, or | ||||||
| 10 | subdivision thereof, or any other entity.
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| 11 | (2) "Control", "controlled" or "controlling" includes | ||||||
| 12 | being in
charge of or being in possession, whether as owner, | ||||||
| 13 | lessee, renter, or
tenant, under statutory authority, or | ||||||
| 14 | otherwise.
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| 15 | (3) "Director" means the Director of the Department of | ||||||
| 16 | Agriculture
of the State of Illinois, or his or her duly | ||||||
| 17 | appointed representative.
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| 18 | (4) "Department" means the Department of Agriculture of the | ||||||
| 19 | State of
Illinois.
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| 20 | (5) "Noxious weed" means any plant which is determined by | ||||||
| 21 | the
Director, the Dean of the College of Agricultural, Consumer | ||||||
| 22 | and Environmental Sciences Agriculture of the University of
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| 23 | Illinois and the Director of the Agricultural Experiment | ||||||
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| 1 | Station at the
University of Illinois, to be injurious to | ||||||
| 2 | public health, crops,
livestock, land or other property.
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| 3 | (6) "Control Authority" means the governing body of each | ||||||
| 4 | county, and
shall represent all rural areas and cities, | ||||||
| 5 | villages and townships
within the county boundaries.
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| 6 | (7) "Applicable fund" means the fund current at the time | ||||||
| 7 | the work is
performed or the money is received.
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| 8 | (Source: P.A. 77-1037.)
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| 9 | (505 ILCS 100/4) (from Ch. 5, par. 954)
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| 10 | Sec. 4.
The duty of enforcing this Act and carrying out its | ||||||
| 11 | provisions is
vested in the Director, and the authorities | ||||||
| 12 | designated in this Act
acting under the supervision and | ||||||
| 13 | direction of the Director. If a Control Authority fails to | ||||||
| 14 | carry out its duties and responsibilities under this Act or | ||||||
| 15 | fails to follow the Department's rules, the Director shall | ||||||
| 16 | enforce this Act or rules by sending a Notice of Noncompliance | ||||||
| 17 | to the Control Authority. The
Director, the Dean of the College | ||||||
| 18 | of Agricultural, Consumer and Environmental Sciences | ||||||
| 19 | Agriculture of the University of
Illinois and the Director of | ||||||
| 20 | the Agricultural Experiment Station at the
University of | ||||||
| 21 | Illinois, shall determine what weeds are noxious for the
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| 22 | purposes of this Act, and shall compile and keep current a list | ||||||
| 23 | of such
noxious weeds, which list shall be published and | ||||||
| 24 | incorporated in the
rules and regulations of the Department. | ||||||
| 25 | The Director shall, from time
to time, adopt and publish | ||||||
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| 1 | methods as official for control and
eradication of noxious | ||||||
| 2 | weeds and make and publish such rules and
regulations as in his | ||||||
| 3 | judgment are necessary to carry out the provisions
of this Act.
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| 4 | (Source: P.A. 77-1037.)
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| 5 | (505 ILCS 100/14) (from Ch. 5, par. 964)
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| 6 | Sec. 14.
To prevent the dissemination of noxious weeds | ||||||
| 7 | through any article,
including machinery, equipment, plants, | ||||||
| 8 | materials and other things, the
Director, in consultation with | ||||||
| 9 | the Dean of the College of Agricultural, Consumer and | ||||||
| 10 | Environmental Sciences Agriculture of
the University of | ||||||
| 11 | Illinois and the Director of the Agricultural
Experiment | ||||||
| 12 | Station at the University of Illinois, shall, from time to
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| 13 | time, publish a list of noxious weeds which may be disseminated | ||||||
| 14 | through
articles and a list of articles capable of | ||||||
| 15 | disseminating such weeds, and
designate treatment of such | ||||||
| 16 | articles as, in his opinion, would prevent
such dissemination. | ||||||
| 17 | Until such article is treated in accordance with the
applicable | ||||||
| 18 | regulations, it shall not be moved from such premises except
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| 19 | under and in accordance with the written permission of the | ||||||
| 20 | Control
Authority having jurisdiction of the area in which such | ||||||
| 21 | article is
located, and the Control Authority may hold or | ||||||
| 22 | prevent its movement from
such premises. The movement of any | ||||||
| 23 | such article which has not been so
decontaminated, except in | ||||||
| 24 | accordance with such written permission, may
be stopped by the | ||||||
| 25 | Control Authority having jurisdiction over the place
in which | ||||||
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| 1 | such movement is taking place and further movement and
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| 2 | disposition shall only be in accordance with such Control | ||||||
| 3 | Authority's
direction.
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| 4 | (Source: P.A. 77-1037.)
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| 5 | Section 99. Effective date. This Act takes effect upon | ||||||
| 6 | becoming law.
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