Illinois General Assembly - Full Text of SB2747
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Full Text of SB2747  103rd General Assembly



SB2747 EngrossedLRB103 35729 RLC 65810 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. The Department
25shall consult with the Department of Agriculture before adding
26or removing any plant from the exotic weed list by



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1administrative rule. The Department may also consult with any
2group serving interests in agriculture, industry,
3conservation, ecology, or management regarding exotic weeds.
4(Source: P.A. 99-81, eff. 1-1-16.)
5    (525 ILCS 10/4)  (from Ch. 5, par. 934)
6    Sec. 4. Control of exotic weeds.
7    (a) It shall be unlawful for any person, corporation,
8political subdivision, agency or department of the State to
9buy, sell, offer for sale, distribute, or plant seeds, plants,
10or plant parts of exotic weeds without a permit issued by the
11Department of Natural Resources. Such permits may shall be
12issued by the Department pursuant to administrative rule.
14        (1) for experiments into controlling and eradicating
15    exotic weeds;
16        (2) for research to demonstrate that a variety of a
17    species listed in this Act is not an exotic weed as defined
18    in Section 2; or
19        (3) for the use of exotic olive (Elaeagnus umbellata,
20    Elaeagnus pungens, Elaeagnus angustifolia) berries in the
21    manufacture of value added products, not to include the
22    resale of whole berries or seeds. The exotic berry permit
23    holder must register annually with the Department of
24    Natural Resources and be able to demonstrate to the
25    Department that seeds remaining post-manufacture are



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1    sterile or otherwise unviable.
2    (b) The commercial propagation of exotic weeds for sale
3outside Illinois, certified under the Insect Pest and Plant
4Disease Act, is exempted from the provisions of this Section.
5    (c) The Department of Natural Resources may adopt rules
6for the administration of this Act Section.
7    (d) Notwithstanding any other provisions in this Section,
8to for the control of exotic weeds, a municipality may adopt an
9ordinance to eradicate on all public and private property
10within its geographic boundaries the exotic weeds listed in
11the rules of the Department common buckthorn (Rhamnus
12cathartica), glossy buckthorn (Rhamnus frangula), saw-toothed
13buckthorn (Rhamnus arguta), dahurian buckthorn (Rhamnus
14davurica), Japanese buckthorn (Rhamnus japonica), and Chinese
15buckthorn (Rhamnus utilis) on all public and private property
16within its geographic boundaries.
17(Source: P.A. 102-840, eff. 1-1-23.)
18    (525 ILCS 10/5)  (from Ch. 5, par. 935)
19    Sec. 5. Penalty. Violators of this Act shall be guilty of a
20Class B misdemeanor. When the violation is a continuing
21offense, each day shall be considered a separate violation.
22    Exotic weeds offered for sale in Illinois except as
23provided in Section 4 are subject to confiscation and
24destruction by agents of the Department of Natural Resources.
25(Source: P.A. 89-445, eff. 2-7-96.)



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1    Section 10. The Pollinator-Friendly Solar Site Act is
2amended by changing Section 5 as follows:
3    (525 ILCS 55/5)
4    Sec. 5. Definitions. In this Act:
5    "Department" means the Department of Natural Resources.
6    "Exotic weed" has the same meaning ascribed to the term in
7Section 2 of the Illinois Exotic Weeds Weed Act.
8    "Noxious weed" has the same meaning ascribed to the term
9in Section 2 of the Illinois Noxious Weed Law.
10(Source: P.A. 100-1022, eff. 8-21-18.)
11    Section 15. The Criminal and Traffic Assessment Act is
12amended by changing Section 1-5 as follows:
13    (705 ILCS 135/1-5)
14    Sec. 1-5. Definitions. In this Act:
15    "Assessment" means any costs imposed on a defendant under
16schedules 1 through 13 of this Act.
17    "Business offense" means any offense punishable by a fine
18in excess of $1,000 and for which a sentence of imprisonment is
19not an authorized disposition.
20    "Case" means all charges and counts filed against a single
21defendant which are being prosecuted as a single proceeding
22before the court.



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1    "Count" means each separate offense charged in the same
2indictment, information, or complaint when the indictment,
3information, or complaint alleges the commission of more than
4one offense.
5    "Conservation offense" means any violation of the
6following Acts, Codes, or ordinances, except any offense
7punishable upon conviction by imprisonment in the
9        (1) Fish and Aquatic Life Code;
10        (2) Wildlife Code;
11        (3) Boat Registration and Safety Act;
12        (4) Park District Code;
13        (5) Chicago Park District Act;
14        (6) State Parks Act;
15        (7) State Forest Act;
16        (8) Forest Fire Protection District Act;
17        (9) Snowmobile Registration and Safety Act;
18        (10) Endangered Species Protection Act;
19        (11) Forest Products Transportation Act;
20        (12) Timber Buyers Licensing Act;
21        (13) Downstate Forest Preserve District Act;
22        (14) Illinois Exotic Weeds Act Exotic Weed Act;
23        (15) Ginseng Harvesting Act;
24        (16) Cave Protection Act;
25        (17) ordinances adopted under the Counties Code for
26    the acquisition of property for parks or recreational



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1    areas;
2        (18) Recreational Trails of Illinois Act;
3        (19) Herptiles-Herps Act; or
4        (20) any rule, regulation, proclamation, or ordinance
5    adopted under any Code or Act named in paragraphs (1)
6    through (19) of this definition.
7    "Conviction" means a judgment of conviction or sentence
8entered upon a plea of guilty or upon a verdict or finding of
9guilty of an offense, rendered by a legally constituted jury
10or by a court of competent jurisdiction authorized to try the
11case without a jury.
12    "Drug offense" means any violation of the Cannabis Control
13Act, the Illinois Controlled Substances Act, the
14Methamphetamine Control and Community Protection Act, or any
15similar local ordinance which involves the possession or
16delivery of a drug.
17    "Drug-related emergency response" means the act of
18collecting evidence from or securing a site where controlled
19substances were manufactured, or where by-products from the
20manufacture of controlled substances are present, and cleaning
21up the site, whether these actions are performed by public
22entities or private contractors paid by public entities.
23    "Electronic citation" means the process of transmitting
24traffic, misdemeanor, ordinance, conservation, or other
25citations and law enforcement data via electronic means to a
26circuit court clerk.



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1    "Emergency response" means any incident requiring a
2response by a police officer, an ambulance, a firefighter
3carried on the rolls of a regularly constituted fire
4department or fire protection district, a firefighter of a
5volunteer fire department, or a member of a recognized
6not-for-profit rescue or emergency medical service provider.
7"Emergency response" does not include a drug-related emergency
9    "Felony offense" means an offense for which a sentence to
10a term of imprisonment in a penitentiary for one year or more
11is provided.
12    "Fine" means a pecuniary punishment for a conviction or
13supervision disposition as ordered by a court of law.
14    "Highest classified offense" means the offense in the case
15which carries the most severe potential disposition under
16Article 4.5 of Chapter V of the Unified Code of Corrections.
17    "Major traffic offense" means a traffic offense, as
18defined by paragraph (f) of Supreme Court Rule 501, other than
19a petty offense or business offense.
20    "Minor traffic offense" means a traffic offense, as
21defined by paragraph (f) of Supreme Court Rule 501, that is a
22petty offense or business offense.
23    "Misdemeanor offense" means any offense for which a
24sentence to a term of imprisonment in other than a
25penitentiary for less than one year may be imposed.
26    "Offense" means a violation of any local ordinance or



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1penal statute of this State.
2    "Petty offense" means any offense punishable by a fine of
3up to $1,000 and for which a sentence of imprisonment is not an
4authorized disposition.
5    "Service provider costs" means costs incurred as a result
6of services provided by an entity including, but not limited
7to, traffic safety programs, laboratories, ambulance
8companies, and fire departments. "Service provider costs"
9includes conditional amounts under this Act that are
10reimbursements for services provided.
11    "Street value" means the amount determined by the court on
12the basis of testimony of law enforcement personnel and the
13defendant as to the amount of drug or materials seized and any
14testimony as may be required by the court as to the current
15street value of the cannabis, controlled substance,
16methamphetamine or salt of an optical isomer of
17methamphetamine, or methamphetamine manufacturing materials
19    "Supervision" means a disposition of conditional and
20revocable release without probationary supervision, but under
21the conditions and reporting requirements as are imposed by
22the court, at the successful conclusion of which disposition
23the defendant is discharged and a judgment dismissing the
24charges is entered.
25(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
26100-1161, eff. 7-1-19.)



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1    Section 20. The Wrongful Tree Cutting Act is amended by
2changing Sections 2 and 2.5 as follows:
3    (740 ILCS 185/2)  (from Ch. 96 1/2, par. 9402)
4    Sec. 2. Except as provided in Sections 2.5, 2.7, and 7, any
5party found to have intentionally cut or knowingly caused to
6be cut any timber or tree, other than a tree or woody plant
7referenced in the Illinois Exotic Weeds Weed Act, which he or
8she did not have the legal right to cut or cause to be cut
9shall pay the owner of the timber or tree 3 times its stumpage
11(Source: P.A. 101-102, eff. 7-19-19.)
12    (740 ILCS 185/2.5)
13    Sec. 2.5. Trees intentionally cut or knowingly caused to
14be cut on protected land. Any party found to have
15intentionally cut or knowingly caused to be cut any standing
16timber or tree, other than a tree or woody plant referenced in
17the Illinois Exotic Weeds Weed Act, on protected land, which
18he or she did not have the legal right to so cut or cause to be
19cut, must pay 3 times stumpage value plus remediation costs to
20the party that owns an interest in the land, including, but not
21limited to, holding a conservation right to the land.
22Remediation costs include one or more of the following:
23        (1) cleanup to remove trees, portions of trees, or



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1    debris from trees cut, damaged, moved, placed, or left as
2    a result of tree cutting from perennial drainage ways or
3    water holding basins;
4        (2) soil erosion stabilization and remediation for
5    issues that were not pre-existing;
6        (3) remediation of damages to the native standing
7    trees and other native woody or herbaceous plant
8    understory;
9        (4) remediation of damages to the native tree
10    understory through coppicing, planting of potted native
11    trees, planting of native tree seedlings as individual
12    practices or in combination as deemed appropriate under
13    Section 3.5 of this Act. Any work under this item (4) must
14    be done by a qualified professional forester or ecological
15    restoration professional;
16        (5) associated exotic invasive plant species control
17    for a period of 3 years with one treatment per year on
18    those portions of the property where trees were wrongfully
19    cut if prior to the encroachment there had been an active
20    and ongoing effort made to control the plants, and due to
21    the disturbance, advantage was given to pre-existing or
22    new exotic invasive plant growth. Exotic plant control
23    must be done by a qualified professional forester or
24    ecological restoration professional;
25        (6) seeding of annual grass to skid trails; or
26        (7) staff salaries, contractor fees, and materials as



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1    directly related, documented, and required to address
2    remediation costs under this Section.
3(Source: P.A. 101-102, eff. 7-19-19.)