Full Text of HB4782 103rd General Assembly
HB4782ham003 103RD GENERAL ASSEMBLY | Rep. Barbara Hernandez Filed: 4/3/2024 | | 10300HB4782ham003 | | LRB103 37383 BDA 71786 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4782
| 2 | | AMENDMENT NO. ______. Amend House Bill 4782 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Illinois Exotic Weed Act is amended by | 5 | | changing 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 | 8 | | cited 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 | 14 | | America which, when planted either spread vegetatively or | 15 | | naturalize and degrade natural communities, reduce the value |
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| 1 | | of fish and wildlife habitat, or threaten an Illinois | 2 | | endangered or threatened species. | 3 | | (Source: P.A. 85-150.) | 4 | | (525 ILCS 10/3) (from Ch. 5, par. 933) | 5 | | Sec. 3. Designation of Designated exotic weeds. The | 6 | | Department shall determine the plants that are exotic weeds | 7 | | for the purposes of this Act and shall compile and keep current | 8 | | a list of such exotic weeds, which list shall be published and | 9 | | incorporated in the rules of the Department. The Department | 10 | | Japanese honeysuckle (Lonicera japonica), multiflora rose | 11 | | (Rosa multiflora), purple loosestrife (Lythrum salicaria), | 12 | | common buckthorn (Rhamnus cathartica), glossy buckthorn | 13 | | (Rhamnus frangula), saw-toothed buckthorn (Rhamnus arguta), | 14 | | dahurian buckthorn (Rhamnus davurica), Japanese buckthorn | 15 | | (Rhamnus japonica), Chinese buckthorn (Rhamnus utilis), kudzu | 16 | | (Pueraria lobata), exotic bush honeysuckles (Lonicera maackii, | 17 | | Lonicera tatarica, Lonicera morrowii, and Lonicera | 18 | | fragrantissima), exotic olives (Elaeagnus umbellata, Elaeagnus | 19 | | pungens, Elaeagnus angustifolia), salt cedar (all members of | 20 | | the Tamarix genus), poison hemlock (Conium maculatum), giant | 21 | | hogweed (Heracleum mantegazzianum), Oriental bittersweet | 22 | | (Celastrus orbiculatus), and lesser celandine (Ficaria verna), | 23 | | teasel (all members of the Dipsacus genus), and Japanese, | 24 | | giant, and Bohemian knotweed (Fallopia japonica, syn. | 25 | | Polygonum cuspidatum; Fallopia sachalinensis; and Fallopia x |
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| 1 | | bohemica, resp.) are hereby designated exotic weeds. Upon | 2 | | petition the Director of Natural Resources , by rule, shall | 3 | | exempt varieties of any species listed in the rule this Act | 4 | | that can be demonstrated by published or current research not | 5 | | to be an exotic weed as defined in Section 2. The Department | 6 | | shall consult with the Department of Agriculture before adding | 7 | | or removing any plant from the exotic weed list by | 8 | | administrative rule. The Department may also consult with any | 9 | | group serving interests in agriculture, industry, | 10 | | conservation, ecology, or management regarding exotic weeds. | 11 | | (Source: P.A. 99-81, eff. 1-1-16 .) | 12 | | (525 ILCS 10/4) (from Ch. 5, par. 934) | 13 | | Sec. 4. Control of exotic weeds. | 14 | | (a) It shall be unlawful for any person, corporation, | 15 | | political subdivision, agency or department of the State to | 16 | | buy, sell, offer for sale, distribute , or plant seeds, plants , | 17 | | or plant parts of exotic weeds without a permit issued by the | 18 | | Department of Natural Resources . Such permits may shall be | 19 | | issued by the Department pursuant to administrative rule. | 20 | | only: | 21 | | (1) for experiments into controlling and eradicating | 22 | | exotic weeds; | 23 | | (2) for research to demonstrate that a variety of a | 24 | | species listed in this Act is not an exotic weed as defined | 25 | | in Section 2; or |
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| 1 | | (3) for the use of exotic olive (Elaeagnus umbellata, | 2 | | Elaeagnus pungens, Elaeagnus angustifolia) berries in the | 3 | | manufacture of value added products, not to include the | 4 | | resale of whole berries or seeds. The exotic berry permit | 5 | | holder must register annually with the Department of | 6 | | Natural Resources and be able to demonstrate to the | 7 | | Department that seeds remaining post-manufacture are | 8 | | sterile or otherwise unviable. | 9 | | (b) The commercial propagation of exotic weeds for sale | 10 | | outside Illinois, certified under the Insect Pest and Plant | 11 | | Disease Act, is exempted from the provisions of this Section. | 12 | | (c) The Department of Natural Resources may adopt rules | 13 | | for the administration of this Act Section . | 14 | | (d) Notwithstanding any other provisions in this Section , | 15 | | to for the control of exotic weeds, a municipality may adopt an | 16 | | ordinance to eradicate on all public and private property | 17 | | within its geographic boundaries the exotic weeds listed in | 18 | | the rules of the Department common buckthorn (Rhamnus | 19 | | cathartica), glossy buckthorn (Rhamnus frangula), saw-toothed | 20 | | buckthorn (Rhamnus arguta), dahurian buckthorn (Rhamnus | 21 | | davurica), Japanese buckthorn (Rhamnus japonica), and Chinese | 22 | | buckthorn (Rhamnus utilis) on all public and private property | 23 | | within its geographic boundaries . | 24 | | (Source: P.A. 102-840, eff. 1-1-23 .) | 25 | | (525 ILCS 10/5) (from Ch. 5, par. 935) |
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| 1 | | Sec. 5. Penalty. Violators of this Act shall be guilty of a | 2 | | Class B misdemeanor. When the violation is a continuing | 3 | | offense, each day shall be considered a separate violation. | 4 | | Exotic weeds offered for sale in Illinois except as | 5 | | provided in Section 4 are subject to confiscation and | 6 | | destruction by agents of the Department of Natural Resources . | 7 | | (Source: P.A. 89-445, eff. 2-7-96.) | 8 | | Section 10. The Pollinator-Friendly Solar Site Act is | 9 | | amended by changing Section 5 as follows: | 10 | | (525 ILCS 55/5) | 11 | | Sec. 5. Definitions. In this Act: | 12 | | "Department" means the Department of Natural Resources. | 13 | | "Exotic weed" has the same meaning ascribed to the term in | 14 | | Section 2 of the Illinois Exotic Weeds Weed Act. | 15 | | "Noxious weed" has the same meaning ascribed to the term | 16 | | in Section 2 of the Illinois Noxious Weed Law. | 17 | | (Source: P.A. 100-1022, eff. 8-21-18.) | 18 | | Section 15. The Criminal and Traffic Assessment Act is | 19 | | amended by changing Section 1-5 as follows: | 20 | | (705 ILCS 135/1-5) | 21 | | Sec. 1-5. Definitions. In this Act: | 22 | | "Assessment" means any costs imposed on a defendant under |
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| 1 | | schedules 1 through 13 of this Act. | 2 | | "Business offense" means any offense punishable by a fine | 3 | | in excess of $1,000 and for which a sentence of imprisonment is | 4 | | not an authorized disposition. | 5 | | "Case" means all charges and counts filed against a single | 6 | | defendant which are being prosecuted as a single proceeding | 7 | | before the court. | 8 | | "Count" means each separate offense charged in the same | 9 | | indictment, information, or complaint when the indictment, | 10 | | information, or complaint alleges the commission of more than | 11 | | one offense. | 12 | | "Conservation offense" means any violation of the | 13 | | following Acts, Codes, or ordinances, except any offense | 14 | | punishable upon conviction by imprisonment in the | 15 | | penitentiary: | 16 | | (1) Fish and Aquatic Life Code; | 17 | | (2) Wildlife Code; | 18 | | (3) Boat Registration and Safety Act; | 19 | | (4) Park District Code; | 20 | | (5) Chicago Park District Act; | 21 | | (6) State Parks Act; | 22 | | (7) State Forest Act; | 23 | | (8) Forest Fire Protection District Act; | 24 | | (9) Snowmobile Registration and Safety Act; | 25 | | (10) Endangered Species Protection Act; | 26 | | (11) Forest Products Transportation Act; |
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| 1 | | (12) Timber Buyers Licensing Act; | 2 | | (13) Downstate Forest Preserve District Act; | 3 | | (14) Illinois Exotic Weeds Act Exotic Weed Act ; | 4 | | (15) Ginseng Harvesting Act; | 5 | | (16) Cave Protection Act; | 6 | | (17) ordinances adopted under the Counties Code for | 7 | | the acquisition of property for parks or recreational | 8 | | areas; | 9 | | (18) Recreational Trails of Illinois Act; | 10 | | (19) Herptiles-Herps Act; or | 11 | | (20) any rule, regulation, proclamation, or ordinance | 12 | | adopted under any Code or Act named in paragraphs (1) | 13 | | through (19) of this definition. | 14 | | "Conviction" means a judgment of conviction or sentence | 15 | | entered upon a plea of guilty or upon a verdict or finding of | 16 | | guilty of an offense, rendered by a legally constituted jury | 17 | | or by a court of competent jurisdiction authorized to try the | 18 | | case without a jury. | 19 | | "Drug offense" means any violation of the Cannabis Control | 20 | | Act, the Illinois Controlled Substances Act, the | 21 | | Methamphetamine Control and Community Protection Act, or any | 22 | | similar local ordinance which involves the possession or | 23 | | delivery of a drug. | 24 | | "Drug-related emergency response" means the act of | 25 | | collecting evidence from or securing a site where controlled | 26 | | substances were manufactured, or where by-products from the |
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| 1 | | manufacture of controlled substances are present, and cleaning | 2 | | up the site, whether these actions are performed by public | 3 | | entities or private contractors paid by public entities. | 4 | | "Electronic citation" means the process of transmitting | 5 | | traffic, misdemeanor, ordinance, conservation, or other | 6 | | citations and law enforcement data via electronic means to a | 7 | | circuit court clerk. | 8 | | "Emergency response" means any incident requiring a | 9 | | response by a police officer, an ambulance, a firefighter | 10 | | carried on the rolls of a regularly constituted fire | 11 | | department or fire protection district, a firefighter of a | 12 | | volunteer fire department, or a member of a recognized | 13 | | not-for-profit rescue or emergency medical service provider. | 14 | | "Emergency response" does not include a drug-related emergency | 15 | | response. | 16 | | "Felony offense" means an offense for which a sentence to | 17 | | a term of imprisonment in a penitentiary for one year or more | 18 | | is provided. | 19 | | "Fine" means a pecuniary punishment for a conviction or | 20 | | supervision disposition as ordered by a court of law. | 21 | | "Highest classified offense" means the offense in the case | 22 | | which carries the most severe potential disposition under | 23 | | Article 4.5 of Chapter V of the Unified Code of Corrections. | 24 | | "Major traffic offense" means a traffic offense, as | 25 | | defined by paragraph (f) of Supreme Court Rule 501, other than | 26 | | a petty offense or business offense. |
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| 1 | | "Minor traffic offense" means a traffic offense, as | 2 | | defined by paragraph (f) of Supreme Court Rule 501, that is a | 3 | | petty offense or business offense. | 4 | | "Misdemeanor offense" means any offense for which a | 5 | | sentence to a term of imprisonment in other than a | 6 | | penitentiary for less than one year may be imposed. | 7 | | "Offense" means a violation of any local ordinance or | 8 | | penal statute of this State. | 9 | | "Petty offense" means any offense punishable by a fine of | 10 | | up to $1,000 and for which a sentence of imprisonment is not an | 11 | | authorized disposition. | 12 | | "Service provider costs" means costs incurred as a result | 13 | | of services provided by an entity including, but not limited | 14 | | to, traffic safety programs, laboratories, ambulance | 15 | | companies, and fire departments. "Service provider costs" | 16 | | includes conditional amounts under this Act that are | 17 | | reimbursements for services provided. | 18 | | "Street value" means the amount determined by the court on | 19 | | the basis of testimony of law enforcement personnel and the | 20 | | defendant as to the amount of drug or materials seized and any | 21 | | testimony as may be required by the court as to the current | 22 | | street value of the cannabis, controlled substance, | 23 | | methamphetamine or salt of an optical isomer of | 24 | | methamphetamine, or methamphetamine manufacturing materials | 25 | | seized. | 26 | | "Supervision" means a disposition of conditional and |
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| 1 | | revocable release without probationary supervision, but under | 2 | | the conditions and reporting requirements as are imposed by | 3 | | the court, at the successful conclusion of which disposition | 4 | | the defendant is discharged and a judgment dismissing the | 5 | | charges is entered. | 6 | | (Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19; | 7 | | 100-1161, eff. 7-1-19 .) | 8 | | Section 20. The Wrongful Tree Cutting Act is amended by | 9 | | changing Sections 2 and 2.5 as follows: | 10 | | (740 ILCS 185/2) (from Ch. 96 1/2, par. 9402) | 11 | | Sec. 2. Except as provided in Sections 2.5, 2.7, and 7, any | 12 | | party found to have intentionally cut or knowingly caused to | 13 | | be cut any timber or tree, other than a tree or woody plant | 14 | | referenced in the Illinois Exotic Weeds Weed Act, which he or | 15 | | she did not have the legal right to cut or cause to be cut | 16 | | shall pay the owner of the timber or tree 3 times its stumpage | 17 | | value. | 18 | | (Source: P.A. 101-102, eff. 7-19-19.) | 19 | | (740 ILCS 185/2.5) | 20 | | Sec. 2.5. Trees intentionally cut or knowingly caused to | 21 | | be cut on protected land. Any party found to have | 22 | | intentionally cut or knowingly caused to be cut any standing | 23 | | timber or tree, other than a tree or woody plant referenced in |
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| 1 | | the Illinois Exotic Weeds Weed Act, on protected land, which | 2 | | he or she did not have the legal right to so cut or cause to be | 3 | | cut, must pay 3 times stumpage value plus remediation costs to | 4 | | the party that owns an interest in the land, including , but not | 5 | | limited to , holding a conservation right to the land. | 6 | | Remediation costs include one or more of the following: | 7 | | (1) cleanup to remove trees, portions of trees, or | 8 | | debris from trees cut, damaged, moved, placed, or left as | 9 | | a result of tree cutting from perennial drainage ways or | 10 | | water holding basins; | 11 | | (2) soil erosion stabilization and remediation for | 12 | | issues that were not pre-existing; | 13 | | (3) remediation of damages to the native standing | 14 | | trees and other native woody or herbaceous plant | 15 | | understory; | 16 | | (4) remediation of damages to the native tree | 17 | | understory through coppicing, planting of potted native | 18 | | trees, planting of native tree seedlings as individual | 19 | | practices or in combination as deemed appropriate under | 20 | | Section 3.5 of this Act. Any work under this item (4) must | 21 | | be done by a qualified professional forester or ecological | 22 | | restoration professional; | 23 | | (5) associated exotic invasive plant species control | 24 | | for a period of 3 years with one treatment per year on | 25 | | those portions of the property where trees were wrongfully | 26 | | cut if prior to the encroachment there had been an active |
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| 1 | | and ongoing effort made to control the plants, and due to | 2 | | the disturbance, advantage was given to pre-existing or | 3 | | new exotic invasive plant growth. Exotic plant control | 4 | | must be done by a qualified professional forester or | 5 | | ecological restoration professional; | 6 | | (6) seeding of annual grass to skid trails; or | 7 | | (7) staff salaries, contractor fees, and materials as | 8 | | directly related, documented, and required to address | 9 | | remediation costs under this Section. | 10 | | (Source: P.A. 101-102, eff. 7-19-19.)". |
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