HB4782 103RD GENERAL ASSEMBLY

LRB103 37383 JAG 67504 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4782

Introduced 2/6/2024, by Rep. Barbara Hernandez

SYNOPSIS AS INTRODUCED:

525 ILCS 10/1	from Ch. 5, par. 931
525 ILCS 10/2	from Ch. 5, par. 932
525 ILCS 10/3	from Ch. 5, par. 933
525 ILCS 10/4	from Ch. 5, par. 934
525 ILCS 10/5	from Ch. 5, par. 935
525 ILCS 55/5
705 ILCS 135/1-5
740 ILCS 185/2	from Ch. 96 1/2, par. 9402
740 ILCS 185/2.5

Amends the Illinois Exotic Weed Act. Changes the title of the Act to the Illinois Exotic Weeds Act. Provides that the Department of Natural Resources shall determine the plants that are exotic weeds for the purposes of the Act and shall compile and keep current a list of such exotic weeds, which list shall be published and incorporated in the rules of the Department. Provides that the Department of Natural Resources may (rather than shall) issue permits to buy, sell, offer for sale, distribute, or plant seeds, plants, or plant parts of exotic weeds pursuant to administrative rule. Provides that the Department, by rule, shall exempt varieties of any species listed in Department rule. Provides that, for the control of exotic weeds, a municipality may adopt an ordinance to eradicate exotic weeds listed in the rules of the Department. Deletes the listing of specified exotic weeds from the Act. Amends various Acts to make conforming changes.

A BILL FOR

AN ACT concerning conservation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Exotic Weed Act is amended by changing Sections 1, 2, 3, 4, and 5 as follows:

(525 ILCS 10/1) (from Ch. 5, par. 931)

Sec. 1. Short Title. This Act shall be known and may be cited as the Illinois Exotic Weeds Weed Act.

(Source: P.A. 85-150.)

(525 ILCS 10/2) (from Ch. 5, par. 932)

Sec. 2. Definition. In this Act:

"Department" means the Department of Natural Resources.

"Exotic weeds" means are plants not native to North America which, when planted either spread vegetatively or naturalize and degrade natural communities, reduce the value of fish and wildlife habitat, or threaten an Illinois endangered or threatened species.

(Source: P.A. 85-150.)

(525 ILCS 10/3) (from Ch. 5, par. 933)

Sec. 3. Designation of Designated exotic weeds. The Department shall determine the plants that are exotic weeds for the purposes of this Act and shall compile and keep current a list of such exotic weeds, which list shall be published and incorporated in the rules of the Department. The Department Japanese honeysuckle (Lonicera japonica), multiflora rose (Rosa multiflora), purple loosestrife (Lythrum salicaria), common buckthorn (Rhamnus cathartica), glossy buckthorn (Rhamnus frangula), saw-toothed buckthorn (Rhamnus arguta), dahurian buckthorn (Rhamnus davurica), Japanese buckthorn (Rhamnus japonica), Chinese buckthorn (Rhamnus utilis), kudzu (Pueraria lobata), exotic bush honeysuckles (Lonicera maackii, Lonicera tatarica, Lonicera morrowii, and Lonicera fragrantissima), exotic olives (Elaeagnus umbellata, Elaeagnus pungens, Elaeagnus angustifolia), salt cedar (all members of the Tamarix genus), poison hemlock (Conium maculatum), giant hogweed (Heracleum mantegazzianum), Oriental bittersweet (Celastrus orbiculatus), and lesser celandine (Ficaria verna), teasel (all members of the Dipsacus genus), and Japanese, giant, and Bohemian knotweed (Fallopia japonica, syn. Polygonum cuspidatum; Fallopia sachalinensis; and Fallopia x bohemica, resp.) are hereby designated exotic weeds. Upon petition the Director of Natural Resources, by rule, shall exempt varieties of any species listed in the rule this Act that can be demonstrated by published or current research not to be an exotic weed as defined in Section 2.

(Source: P.A. 99-81, eff. 1-1-16.)

(525 ILCS 10/4) (from Ch. 5, par. 934)

Sec. 4. Control of exotic weeds.

(a) It shall be unlawful for any person, corporation, political subdivision, agency or department of the State to buy, sell, offer for sale, distribute, or plant seeds, plants, or plant parts of exotic weeds without a permit issued by the Department of Natural Resources. Such permits may shall be issued by the Department pursuant to administrative rule. only:

(1) for experiments into controlling and eradicating exotic weeds;

(2) for research to demonstrate that a variety of a species listed in this Act is not an exotic weed as defined in Section 2; or

(3) for the use of exotic olive (Elaeagnus umbellata, Elaeagnus pungens, Elaeagnus angustifolia) berries in the manufacture of value added products, not to include the resale of whole berries or seeds. The exotic berry permit holder must register annually with the Department of Natural Resources and be able to demonstrate to the Department that seeds remaining post-manufacture are sterile or otherwise unviable.

(b) The commercial propagation of exotic weeds for sale outside Illinois, certified under the Insect Pest and Plant Disease Act, is exempted from the provisions of this Section.

(c) The Department of Natural Resources may adopt rules for the administration of this Act Section.

(d) Notwithstanding any other provisions in this Section, to for the control of exotic weeds, a municipality may adopt an ordinance to eradicate on all public and private property within its geographic boundaries the exotic weeds listed in the rules of the Department common buckthorn (Rhamnus cathartica), glossy buckthorn (Rhamnus frangula), saw-toothed buckthorn (Rhamnus arguta), dahurian buckthorn (Rhamnus davurica), Japanese buckthorn (Rhamnus japonica), and Chinese buckthorn (Rhamnus utilis) on all public and private property within its geographic boundaries.

(Source: P.A. 102-840, eff. 1-1-23.)

(525 ILCS 10/5) (from Ch. 5, par. 935)

Sec. 5. Penalty. Violators of this Act shall be guilty of a Class B misdemeanor. When the violation is a continuing offense, each day shall be considered a separate violation.

Exotic weeds offered for sale in Illinois except as provided in Section 4 are subject to confiscation and destruction by agents of the Department of Natural Resources.

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

Section 10. The Pollinator-Friendly Solar Site Act is amended by changing Section 5 as follows:

(525 ILCS 55/5)

Sec. 5. Definitions. In this Act:

"Department" means the Department of Natural Resources.

"Exotic weed" has the same meaning ascribed to the term in Section 2 of the Illinois Exotic Weeds Weed Act.

"Noxious weed" has the same meaning ascribed to the term in Section 2 of the Illinois Noxious Weed Law.

(Source: P.A. 100-1022, eff. 8-21-18.)

Section 15. The Criminal and Traffic Assessment Act is amended by changing Section 1-5 as follows:

(705 ILCS 135/1-5)

Sec. 1-5. Definitions. In this Act:

"Assessment" means any costs imposed on a defendant under schedules 1 through 13 of this Act.

"Business offense" means any offense punishable by a fine in excess of $1,000 and for which a sentence of imprisonment is not an authorized disposition.

"Case" means all charges and counts filed against a single defendant which are being prosecuted as a single proceeding before the court.

"Count" means each separate offense charged in the same indictment, information, or complaint when the indictment, information, or complaint alleges the commission of more than one offense.

"Conservation offense" means any violation of the following Acts, Codes, or ordinances, except any offense punishable upon conviction by imprisonment in the penitentiary:

(1) Fish and Aquatic Life Code;

(2) Wildlife Code;

(3) Boat Registration and Safety Act;

(4) Park District Code;

(5) Chicago Park District Act;

(6) State Parks Act;

(7) State Forest Act;

(8) Forest Fire Protection District Act;

(9) Snowmobile Registration and Safety Act;

(10) Endangered Species Protection Act;

(11) Forest Products Transportation Act;

(12) Timber Buyers Licensing Act;

(13) Downstate Forest Preserve District Act;

(14) Illinois Exotic Weeds Act Exotic Weed Act;

(15) Ginseng Harvesting Act;

(16) Cave Protection Act;

(17) ordinances adopted under the Counties Code for the acquisition of property for parks or recreational areas;

(18) Recreational Trails of Illinois Act;

(19) Herptiles-Herps Act; or

(20) any rule, regulation, proclamation, or ordinance adopted under any Code or Act named in paragraphs (1) through (19) of this definition.

"Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.

"Drug offense" means any violation of the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or any similar local ordinance which involves the possession or delivery of a drug.

"Drug-related emergency response" means the act of collecting evidence from or securing a site where controlled substances were manufactured, or where by-products from the manufacture of controlled substances are present, and cleaning up the site, whether these actions are performed by public entities or private contractors paid by public entities.

"Electronic citation" means the process of transmitting traffic, misdemeanor, ordinance, conservation, or other citations and law enforcement data via electronic means to a circuit court clerk.

"Emergency response" means any incident requiring a response by a police officer, an ambulance, a firefighter carried on the rolls of a regularly constituted fire department or fire protection district, a firefighter of a volunteer fire department, or a member of a recognized not-for-profit rescue or emergency medical service provider. "Emergency response" does not include a drug-related emergency response.

"Felony offense" means an offense for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided.

"Fine" means a pecuniary punishment for a conviction or supervision disposition as ordered by a court of law.

"Highest classified offense" means the offense in the case which carries the most severe potential disposition under Article 4.5 of Chapter V of the Unified Code of Corrections.

"Major traffic offense" means a traffic offense, as defined by paragraph (f) of Supreme Court Rule 501, other than a petty offense or business offense.

"Minor traffic offense" means a traffic offense, as defined by paragraph (f) of Supreme Court Rule 501, that is a petty offense or business offense.

"Misdemeanor offense" means any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed.

"Offense" means a violation of any local ordinance or penal statute of this State.

"Petty offense" means any offense punishable by a fine of up to $1,000 and for which a sentence of imprisonment is not an authorized disposition.

"Service provider costs" means costs incurred as a result of services provided by an entity including, but not limited to, traffic safety programs, laboratories, ambulance companies, and fire departments. "Service provider costs" includes conditional amounts under this Act that are reimbursements for services provided.

"Street value" means the amount determined by the court on the basis of testimony of law enforcement personnel and the defendant as to the amount of drug or materials seized and any testimony as may be required by the court as to the current street value of the cannabis, controlled substance, methamphetamine or salt of an optical isomer of methamphetamine, or methamphetamine manufacturing materials seized.

"Supervision" means a disposition of conditional and revocable release without probationary supervision, but under the conditions and reporting requirements as are imposed by the court, at the successful conclusion of which disposition the defendant is discharged and a judgment dismissing the charges is entered.

(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19; 100-1161, eff. 7-1-19.)

Section 20. The Wrongful Tree Cutting Act is amended by changing Sections 2 and 2.5 as follows:

(740 ILCS 185/2) (from Ch. 96 1/2, par. 9402)

Sec. 2. Except as provided in Sections 2.5, 2.7, and 7, any party found to have intentionally cut or knowingly caused to be cut any timber or tree, other than a tree or woody plant referenced in the Illinois Exotic Weeds Weed Act, which he or she did not have the legal right to cut or cause to be cut shall pay the owner of the timber or tree 3 times its stumpage value.

(Source: P.A. 101-102, eff. 7-19-19.)

(740 ILCS 185/2.5)

Sec. 2.5. Trees intentionally cut or knowingly caused to be cut on protected land. Any party found to have intentionally cut or knowingly caused to be cut any standing timber or tree, other than a tree or woody plant referenced in the Illinois Exotic Weeds Weed Act, on protected land, which he or she did not have the legal right to so cut or cause to be cut, must pay 3 times stumpage value plus remediation costs to the party that owns an interest in the land, including, but not limited to, holding a conservation right to the land. Remediation costs include one or more of the following:

(1) cleanup to remove trees, portions of trees, or debris from trees cut, damaged, moved, placed, or left as a result of tree cutting from perennial drainage ways or water holding basins;

(2) soil erosion stabilization and remediation for issues that were not pre-existing;

(3) remediation of damages to the native standing trees and other native woody or herbaceous plant understory;

(4) remediation of damages to the native tree understory through coppicing, planting of potted native trees, planting of native tree seedlings as individual practices or in combination as deemed appropriate under Section 3.5 of this Act. Any work under this item (4) must be done by a qualified professional forester or ecological restoration professional;

(5) associated exotic invasive plant species control for a period of 3 years with one treatment per year on those portions of the property where trees were wrongfully cut if prior to the encroachment there had been an active and ongoing effort made to control the plants, and due to the disturbance, advantage was given to pre-existing or new exotic invasive plant growth. Exotic plant control must be done by a qualified professional forester or ecological restoration professional;

(6) seeding of annual grass to skid trails; or

(7) staff salaries, contractor fees, and materials as directly related, documented, and required to address remediation costs under this Section.

(Source: P.A. 101-102, eff. 7-19-19.)