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| Public Act 103-0620
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| SB2747 Enrolled | LRB103 35729 RLC 65810 b |
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AN ACT concerning conservation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Exotic Weed Act is amended by |
changing Sections 1, 2, 3, 4, and 5 as follows:
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(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.)
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(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.)
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(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 |
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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. The Department |
shall consult with the Department of Agriculture before adding |
or removing any plant from the exotic weed list by |
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administrative rule. The Department may also consult with any |
group serving interests in agriculture, industry, |
conservation, ecology, or management regarding exotic weeds. |
(Source: P.A. 99-81, eff. 1-1-16.)
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(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 |
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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.)
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(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.)
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Section 10. The Pollinator-Friendly Solar Site Act is |
amended by changing Section 5 as follows:
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(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.)
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Section 15. The Criminal and Traffic Assessment Act is |
amended by changing Section 1-5 as follows:
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(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. |
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"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 |
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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. |
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"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 |
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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.)
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Section 20. The Wrongful Tree Cutting Act is amended by |
changing Sections 2 and 2.5 as follows:
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(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.)
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