Bill Text: IL SB2747 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Requires the Department of Natural Resources to consult with the Department of Agriculture before adding or removing any plant from the exotic weed list by administrative rule. Authorizes the Department to also consult with any group serving interests in agriculture, industry, conservation, ecology, or management regarding exotic weeds.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2024-07-01 - Public Act . . . . . . . . . 103-0620 [SB2747 Detail]

Download: Illinois-2023-SB2747-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2747 Introduced 1/16/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
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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A BILL FOR
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AN ACT concerning conservation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Exotic Weed Act is amended by
changing Sections 1, 2, 3, 4, and 5 as follows:
(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.)
(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.)
(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.
(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
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

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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.)
(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.)
Section 10. The Pollinator-Friendly Solar Site Act is
amended by changing Section 5 as follows:
(525 ILCS 55/5)

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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.)
Section 15. The Criminal and Traffic Assessment Act is
amended by changing Section 1-5 as follows:
(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.
"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

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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
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)

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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.
"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

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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
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

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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.)
Section 20. The Wrongful Tree Cutting Act is amended by
changing Sections 2 and 2.5 as follows:
(740 ILCS 185/2) (from Ch. 96 1/2, par. 9402)

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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.)
(740 ILCS 185/2.5)
Sec. 2.5. Trees intentionally cut or knowingly caused to
be cut on protected land. Any party found to have
intentionally cut or knowingly caused to be cut any standing
timber or tree, other than a tree or woody plant referenced in
the Illinois Exotic Weeds Weed Act, on protected land, which
he or she did not have the legal right to so cut or cause to be
cut, must pay 3 times stumpage value plus remediation costs to
the party that owns an interest in the land, including, but not
limited to, holding a conservation right to the land.
Remediation costs include one or more of the following:
(1) cleanup to remove trees, portions of trees, or
debris from trees cut, damaged, moved, placed, or left as
a result of tree cutting from perennial drainage ways or
water holding basins;
(2) soil erosion stabilization and remediation for
issues that were not pre-existing;

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