97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5636

 

Introduced 2/15/2012, by Rep. Dave Winters

 

SYNOPSIS AS INTRODUCED:
 
525 ILCS 40/6  from Ch. 96 1/2, par. 5907

    Amends the State Forest Act. Removes language that provides the Department of Natural Resources shall establish and operate nurseries to produce and distribute plants and plant materials. Removes language that the Department shall provide, without charge, plants and plant materials to various entities, including State agencies and local governments, for conservation and commemorative plantings. Provides that the Department shall not sell plant and plant materials to the general public, mining companies, and other industries. Removes the provision that Christmas trees, roundwood, and other materials derived from State distributed plants or plant materials may be utilized, sold, or removed. Effective immediately.


LRB097 20220 CEL 65657 b

 

 

A BILL FOR

 

HB5636LRB097 20220 CEL 65657 b

1    AN ACT concerning conservation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Forest Act is amended by changing
5Section 6 as follows:
 
6    (525 ILCS 40/6)  (from Ch. 96 1/2, par. 5907)
7    Sec. 6. The Department shall have the authority to take all
8measures necessary to secure plants and plant materials from
9private sources and to establish and operate nurseries to
10produce and distribute plants and plant materials. The
11Department shall develop and implement a program of securing
12plants and plant materials from private sources. The Department
13shall utilize the most modern methods and techniques to operate
14its nursery facilities.
15    The plants and plant materials secured or produced shall be
16used exclusively for conservation purposes, such as for
17wildlife habitat, erosion control, energy conservation,
18natural community restoration, general reforestation,
19research, commemorative plantings, and educational programs
20such as Arbor Day. Plants and plant materials distributed by
21the State shall not be used for ornamental, landscaping or
22shade tree purposes. Plants and plant materials secured or
23produced and distributed by the State nurseries are to be

 

 

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1protected against abuses, such as may occur in the event of
2livestock grazing or wildfire.
3    The Department may cooperate with any person or group
4desirous of establishing plants or plant materials for
5conservation plantings by (a) furnishing trees, shrubs, seeds
6or other materials where deemed necessary or desirable, or (b)
7providing labor, equipment and technical supervision to plan
8and implement the conservation plantings, or both.
9    Plants and plant materials may be provided, upon approval
10of a written management plan, without charge to individual
11landowners, State agencies and institutions, local
12governments, civic groups and others for conservation
13plantings.
14    Plants and plant materials may be provided without charge
15to government agencies and institutions, organized groups or
16individuals for special conservation plantings, research
17plantings, educational purposes and commemorative plantings.
18    Plants and plant materials may be made available to the
19general public, mining companies, other industries and
20agencies of the federal government but shall be sold at a price
21approximately equal to the cost of acquisition or production
22and distribution.
23    Products such as Christmas trees, roundwood and other
24materials derived from State distributed plants or plant
25materials may be utilized, sold or removed, except that no such
26plants shall be resold, bartered or given away and removed

 

 

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1alive with the roots attached.
2    The Department may effect exchanges, purchases or sales
3involving plants and plant materials with other states or with
4agencies of the federal government.
5    The Department shall have the authority to make such rules
6and regulations pursuant to the Illinois Administrative
7Procedure Act as it deems necessary for carrying out,
8administering and enforcing the provisions of this Act.
9(Source: P.A. 91-357, eff. 7-29-99.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.