Public Act 103-0620
 
SB2747 EnrolledLRB103 35729 RLC 65810 b

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