Illinois General Assembly - Full Text of HB4782
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Full Text of HB4782  103rd General Assembly



State of Illinois
2023 and 2024


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


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.

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HB4782LRB103 37383 JAG 67504 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 Illinois Exotic Weed Act is amended by
5changing Sections 1, 2, 3, 4, and 5 as follows:
6    (525 ILCS 10/1)  (from Ch. 5, par. 931)
7    Sec. 1. Short Title. This Act shall be known and may be
8cited as the Illinois Exotic Weeds Weed Act.
9(Source: P.A. 85-150.)
10    (525 ILCS 10/2)  (from Ch. 5, par. 932)
11    Sec. 2. Definition. In this Act:
12    "Department" means the Department of Natural Resources.
13    "Exotic weeds" means are plants not native to North
14America which, when planted either spread vegetatively or
15naturalize and degrade natural communities, reduce the value
16of fish and wildlife habitat, or threaten an Illinois
17endangered or threatened species.
18(Source: P.A. 85-150.)
19    (525 ILCS 10/3)  (from Ch. 5, par. 933)
20    Sec. 3. Designation of Designated exotic weeds. The
21Department shall determine the plants that are exotic weeds



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1for the purposes of this Act and shall compile and keep current
2a list of such exotic weeds, which list shall be published and
3incorporated in the rules of the Department. The Department
4Japanese honeysuckle (Lonicera japonica), multiflora rose
5(Rosa multiflora), purple loosestrife (Lythrum salicaria),
6common buckthorn (Rhamnus cathartica), glossy buckthorn
7(Rhamnus frangula), saw-toothed buckthorn (Rhamnus arguta),
8dahurian buckthorn (Rhamnus davurica), Japanese buckthorn
9(Rhamnus japonica), Chinese buckthorn (Rhamnus utilis), kudzu
10(Pueraria lobata), exotic bush honeysuckles (Lonicera maackii,
11Lonicera tatarica, Lonicera morrowii, and Lonicera
12fragrantissima), exotic olives (Elaeagnus umbellata, Elaeagnus
13pungens, Elaeagnus angustifolia), salt cedar (all members of
14the Tamarix genus), poison hemlock (Conium maculatum), giant
15hogweed (Heracleum mantegazzianum), Oriental bittersweet
16(Celastrus orbiculatus), and lesser celandine (Ficaria verna),
17teasel (all members of the Dipsacus genus), and Japanese,
18giant, and Bohemian knotweed (Fallopia japonica, syn.
19Polygonum cuspidatum; Fallopia sachalinensis; and Fallopia x
20bohemica, resp.) are hereby designated exotic weeds. Upon
21petition the Director of Natural Resources, by rule, shall
22exempt varieties of any species listed in the rule this Act
23that can be demonstrated by published or current research not
24to be an exotic weed as defined in Section 2.
25(Source: P.A. 99-81, eff. 1-1-16.)



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1    (525 ILCS 10/4)  (from Ch. 5, par. 934)
2    Sec. 4. Control of exotic weeds.
3    (a) It shall be unlawful for any person, corporation,
4political subdivision, agency or department of the State to
5buy, sell, offer for sale, distribute, or plant seeds, plants,
6or plant parts of exotic weeds without a permit issued by the
7Department of Natural Resources. Such permits may shall be
8issued by the Department pursuant to administrative rule.
10        (1) for experiments into controlling and eradicating
11    exotic weeds;
12        (2) for research to demonstrate that a variety of a
13    species listed in this Act is not an exotic weed as defined
14    in Section 2; or
15        (3) for the use of exotic olive (Elaeagnus umbellata,
16    Elaeagnus pungens, Elaeagnus angustifolia) berries in the
17    manufacture of value added products, not to include the
18    resale of whole berries or seeds. The exotic berry permit
19    holder must register annually with the Department of
20    Natural Resources and be able to demonstrate to the
21    Department that seeds remaining post-manufacture are
22    sterile or otherwise unviable.
23    (b) The commercial propagation of exotic weeds for sale
24outside Illinois, certified under the Insect Pest and Plant
25Disease Act, is exempted from the provisions of this Section.
26    (c) The Department of Natural Resources may adopt rules



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1for the administration of this Act Section.
2    (d) Notwithstanding any other provisions in this Section,
3to for the control of exotic weeds, a municipality may adopt an
4ordinance to eradicate on all public and private property
5within its geographic boundaries the exotic weeds listed in
6the rules of the Department common buckthorn (Rhamnus
7cathartica), glossy buckthorn (Rhamnus frangula), saw-toothed
8buckthorn (Rhamnus arguta), dahurian buckthorn (Rhamnus
9davurica), Japanese buckthorn (Rhamnus japonica), and Chinese
10buckthorn (Rhamnus utilis) on all public and private property
11within its geographic boundaries.
12(Source: P.A. 102-840, eff. 1-1-23.)
13    (525 ILCS 10/5)  (from Ch. 5, par. 935)
14    Sec. 5. Penalty. Violators of this Act shall be guilty of a
15Class B misdemeanor. When the violation is a continuing
16offense, each day shall be considered a separate violation.
17    Exotic weeds offered for sale in Illinois except as
18provided in Section 4 are subject to confiscation and
19destruction by agents of the Department of Natural Resources.
20(Source: P.A. 89-445, eff. 2-7-96.)
21    Section 10. The Pollinator-Friendly Solar Site Act is
22amended by changing Section 5 as follows:
23    (525 ILCS 55/5)



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1    Sec. 5. Definitions. In this Act:
2    "Department" means the Department of Natural Resources.
3    "Exotic weed" has the same meaning ascribed to the term in
4Section 2 of the Illinois Exotic Weeds Weed Act.
5    "Noxious weed" has the same meaning ascribed to the term
6in Section 2 of the Illinois Noxious Weed Law.
7(Source: P.A. 100-1022, eff. 8-21-18.)
8    Section 15. The Criminal and Traffic Assessment Act is
9amended by changing Section 1-5 as follows:
10    (705 ILCS 135/1-5)
11    Sec. 1-5. Definitions. In this Act:
12    "Assessment" means any costs imposed on a defendant under
13schedules 1 through 13 of this Act.
14    "Business offense" means any offense punishable by a fine
15in excess of $1,000 and for which a sentence of imprisonment is
16not an authorized disposition.
17    "Case" means all charges and counts filed against a single
18defendant which are being prosecuted as a single proceeding
19before the court.
20    "Count" means each separate offense charged in the same
21indictment, information, or complaint when the indictment,
22information, or complaint alleges the commission of more than
23one offense.
24    "Conservation offense" means any violation of the



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1following Acts, Codes, or ordinances, except any offense
2punishable upon conviction by imprisonment in the
4        (1) Fish and Aquatic Life Code;
5        (2) Wildlife Code;
6        (3) Boat Registration and Safety Act;
7        (4) Park District Code;
8        (5) Chicago Park District Act;
9        (6) State Parks Act;
10        (7) State Forest Act;
11        (8) Forest Fire Protection District Act;
12        (9) Snowmobile Registration and Safety Act;
13        (10) Endangered Species Protection Act;
14        (11) Forest Products Transportation Act;
15        (12) Timber Buyers Licensing Act;
16        (13) Downstate Forest Preserve District Act;
17        (14) Illinois Exotic Weeds Act Exotic Weed Act;
18        (15) Ginseng Harvesting Act;
19        (16) Cave Protection Act;
20        (17) ordinances adopted under the Counties Code for
21    the acquisition of property for parks or recreational
22    areas;
23        (18) Recreational Trails of Illinois Act;
24        (19) Herptiles-Herps Act; or
25        (20) any rule, regulation, proclamation, or ordinance
26    adopted under any Code or Act named in paragraphs (1)



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1    through (19) of this definition.
2    "Conviction" means a judgment of conviction or sentence
3entered upon a plea of guilty or upon a verdict or finding of
4guilty of an offense, rendered by a legally constituted jury
5or by a court of competent jurisdiction authorized to try the
6case without a jury.
7    "Drug offense" means any violation of the Cannabis Control
8Act, the Illinois Controlled Substances Act, the
9Methamphetamine Control and Community Protection Act, or any
10similar local ordinance which involves the possession or
11delivery of a drug.
12    "Drug-related emergency response" means the act of
13collecting evidence from or securing a site where controlled
14substances were manufactured, or where by-products from the
15manufacture of controlled substances are present, and cleaning
16up the site, whether these actions are performed by public
17entities or private contractors paid by public entities.
18    "Electronic citation" means the process of transmitting
19traffic, misdemeanor, ordinance, conservation, or other
20citations and law enforcement data via electronic means to a
21circuit court clerk.
22    "Emergency response" means any incident requiring a
23response by a police officer, an ambulance, a firefighter
24carried on the rolls of a regularly constituted fire
25department or fire protection district, a firefighter of a
26volunteer fire department, or a member of a recognized



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1not-for-profit rescue or emergency medical service provider.
2"Emergency response" does not include a drug-related emergency
4    "Felony offense" means an offense for which a sentence to
5a term of imprisonment in a penitentiary for one year or more
6is provided.
7    "Fine" means a pecuniary punishment for a conviction or
8supervision disposition as ordered by a court of law.
9    "Highest classified offense" means the offense in the case
10which carries the most severe potential disposition under
11Article 4.5 of Chapter V of the Unified Code of Corrections.
12    "Major traffic offense" means a traffic offense, as
13defined by paragraph (f) of Supreme Court Rule 501, other than
14a petty offense or business offense.
15    "Minor traffic offense" means a traffic offense, as
16defined by paragraph (f) of Supreme Court Rule 501, that is a
17petty offense or business offense.
18    "Misdemeanor offense" means any offense for which a
19sentence to a term of imprisonment in other than a
20penitentiary for less than one year may be imposed.
21    "Offense" means a violation of any local ordinance or
22penal statute of this State.
23    "Petty offense" means any offense punishable by a fine of
24up to $1,000 and for which a sentence of imprisonment is not an
25authorized disposition.
26    "Service provider costs" means costs incurred as a result



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1of services provided by an entity including, but not limited
2to, traffic safety programs, laboratories, ambulance
3companies, and fire departments. "Service provider costs"
4includes conditional amounts under this Act that are
5reimbursements for services provided.
6    "Street value" means the amount determined by the court on
7the basis of testimony of law enforcement personnel and the
8defendant as to the amount of drug or materials seized and any
9testimony as may be required by the court as to the current
10street value of the cannabis, controlled substance,
11methamphetamine or salt of an optical isomer of
12methamphetamine, or methamphetamine manufacturing materials
14    "Supervision" means a disposition of conditional and
15revocable release without probationary supervision, but under
16the conditions and reporting requirements as are imposed by
17the court, at the successful conclusion of which disposition
18the defendant is discharged and a judgment dismissing the
19charges is entered.
20(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
21100-1161, eff. 7-1-19.)
22    Section 20. The Wrongful Tree Cutting Act is amended by
23changing Sections 2 and 2.5 as follows:
24    (740 ILCS 185/2)  (from Ch. 96 1/2, par. 9402)



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1    Sec. 2. Except as provided in Sections 2.5, 2.7, and 7, any
2party found to have intentionally cut or knowingly caused to
3be cut any timber or tree, other than a tree or woody plant
4referenced in the Illinois Exotic Weeds Weed Act, which he or
5she did not have the legal right to cut or cause to be cut
6shall pay the owner of the timber or tree 3 times its stumpage
8(Source: P.A. 101-102, eff. 7-19-19.)
9    (740 ILCS 185/2.5)
10    Sec. 2.5. Trees intentionally cut or knowingly caused to
11be cut on protected land. Any party found to have
12intentionally cut or knowingly caused to be cut any standing
13timber or tree, other than a tree or woody plant referenced in
14the Illinois Exotic Weeds Weed Act, on protected land, which
15he or she did not have the legal right to so cut or cause to be
16cut, must pay 3 times stumpage value plus remediation costs to
17the party that owns an interest in the land, including, but not
18limited to, holding a conservation right to the land.
19Remediation costs include one or more of the following:
20        (1) cleanup to remove trees, portions of trees, or
21    debris from trees cut, damaged, moved, placed, or left as
22    a result of tree cutting from perennial drainage ways or
23    water holding basins;
24        (2) soil erosion stabilization and remediation for
25    issues that were not pre-existing;



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1        (3) remediation of damages to the native standing
2    trees and other native woody or herbaceous plant
3    understory;
4        (4) remediation of damages to the native tree
5    understory through coppicing, planting of potted native
6    trees, planting of native tree seedlings as individual
7    practices or in combination as deemed appropriate under
8    Section 3.5 of this Act. Any work under this item (4) must
9    be done by a qualified professional forester or ecological
10    restoration professional;
11        (5) associated exotic invasive plant species control
12    for a period of 3 years with one treatment per year on
13    those portions of the property where trees were wrongfully
14    cut if prior to the encroachment there had been an active
15    and ongoing effort made to control the plants, and due to
16    the disturbance, advantage was given to pre-existing or
17    new exotic invasive plant growth. Exotic plant control
18    must be done by a qualified professional forester or
19    ecological restoration professional;
20        (6) seeding of annual grass to skid trails; or
21        (7) staff salaries, contractor fees, and materials as
22    directly related, documented, and required to address
23    remediation costs under this Section.
24(Source: P.A. 101-102, eff. 7-19-19.)