Rep. Barbara Hernandez

Filed: 3/6/2024

 

 


 

 


 
10300HB4782ham001LRB103 37383 BDA 70631 a

1
AMENDMENT TO HOUSE BILL 4782

2    AMENDMENT NO. ______. Amend House Bill 4782 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1of fish and wildlife habitat, or threaten an Illinois
2endangered 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
6Department shall determine the plants that are exotic weeds
7for the purposes of this Act and shall compile and keep current
8a list of such exotic weeds, which list shall be published and
9incorporated in the rules of the Department. The Department
10Japanese honeysuckle (Lonicera japonica), multiflora rose
11(Rosa multiflora), purple loosestrife (Lythrum salicaria),
12common buckthorn (Rhamnus cathartica), glossy buckthorn
13(Rhamnus frangula), saw-toothed buckthorn (Rhamnus arguta),
14dahurian buckthorn (Rhamnus davurica), Japanese buckthorn
15(Rhamnus japonica), Chinese buckthorn (Rhamnus utilis), kudzu
16(Pueraria lobata), exotic bush honeysuckles (Lonicera maackii,
17Lonicera tatarica, Lonicera morrowii, and Lonicera
18fragrantissima), exotic olives (Elaeagnus umbellata, Elaeagnus
19pungens, Elaeagnus angustifolia), salt cedar (all members of
20the Tamarix genus), poison hemlock (Conium maculatum), giant
21hogweed (Heracleum mantegazzianum), Oriental bittersweet
22(Celastrus orbiculatus), and lesser celandine (Ficaria verna),
23teasel (all members of the Dipsacus genus), and Japanese,
24giant, and Bohemian knotweed (Fallopia japonica, syn.
25Polygonum cuspidatum; Fallopia sachalinensis; and Fallopia x

 

 

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1bohemica, resp.) are hereby designated exotic weeds. Upon
2petition the Director of Natural Resources, by rule, shall
3exempt varieties of any species listed in the rule this Act
4that can be demonstrated by published or current research not
5to be an exotic weed as defined in Section 2. The Department
6may consult with the Department of Agriculture, the United
7States Department of Agriculture, and any group serving
8interests in industry, conservation, ecology, or management
9regarding exotic weeds before adding or removing any exotic
10weed by administrative rule.
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,
15political subdivision, agency or department of the State to
16buy, sell, offer for sale, distribute, or plant seeds, plants,
17or plant parts of exotic weeds without a permit issued by the
18Department of Natural Resources. Such permits may shall be
19issued by the Department pursuant to administrative rule.
20only:
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
10outside Illinois, certified under the Insect Pest and Plant
11Disease Act, is exempted from the provisions of this Section.
12    (c) The Department of Natural Resources may adopt rules
13for the administration of this Act Section.
14    (d) Notwithstanding any other provisions in this Section,
15to for the control of exotic weeds, a municipality may adopt an
16ordinance to eradicate on all public and private property
17within its geographic boundaries the exotic weeds listed in
18the rules of the Department common buckthorn (Rhamnus
19cathartica), glossy buckthorn (Rhamnus frangula), saw-toothed
20buckthorn (Rhamnus arguta), dahurian buckthorn (Rhamnus
21davurica), Japanese buckthorn (Rhamnus japonica), and Chinese
22buckthorn (Rhamnus utilis) on all public and private property
23within 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
2Class B misdemeanor. When the violation is a continuing
3offense, each day shall be considered a separate violation.
4    Exotic weeds offered for sale in Illinois except as
5provided in Section 4 are subject to confiscation and
6destruction 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
9amended 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
14Section 2 of the Illinois Exotic Weeds Weed Act.
15    "Noxious weed" has the same meaning ascribed to the term
16in 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
19amended 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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1schedules 1 through 13 of this Act.
2    "Business offense" means any offense punishable by a fine
3in excess of $1,000 and for which a sentence of imprisonment is
4not an authorized disposition.
5    "Case" means all charges and counts filed against a single
6defendant which are being prosecuted as a single proceeding
7before the court.
8    "Count" means each separate offense charged in the same
9indictment, information, or complaint when the indictment,
10information, or complaint alleges the commission of more than
11one offense.
12    "Conservation offense" means any violation of the
13following Acts, Codes, or ordinances, except any offense
14punishable upon conviction by imprisonment in the
15penitentiary:
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
15entered upon a plea of guilty or upon a verdict or finding of
16guilty of an offense, rendered by a legally constituted jury
17or by a court of competent jurisdiction authorized to try the
18case without a jury.
19    "Drug offense" means any violation of the Cannabis Control
20Act, the Illinois Controlled Substances Act, the
21Methamphetamine Control and Community Protection Act, or any
22similar local ordinance which involves the possession or
23delivery of a drug.
24    "Drug-related emergency response" means the act of
25collecting evidence from or securing a site where controlled
26substances were manufactured, or where by-products from the

 

 

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1manufacture of controlled substances are present, and cleaning
2up the site, whether these actions are performed by public
3entities or private contractors paid by public entities.
4    "Electronic citation" means the process of transmitting
5traffic, misdemeanor, ordinance, conservation, or other
6citations and law enforcement data via electronic means to a
7circuit court clerk.
8    "Emergency response" means any incident requiring a
9response by a police officer, an ambulance, a firefighter
10carried on the rolls of a regularly constituted fire
11department or fire protection district, a firefighter of a
12volunteer fire department, or a member of a recognized
13not-for-profit rescue or emergency medical service provider.
14"Emergency response" does not include a drug-related emergency
15response.
16    "Felony offense" means an offense for which a sentence to
17a term of imprisonment in a penitentiary for one year or more
18is provided.
19    "Fine" means a pecuniary punishment for a conviction or
20supervision disposition as ordered by a court of law.
21    "Highest classified offense" means the offense in the case
22which carries the most severe potential disposition under
23Article 4.5 of Chapter V of the Unified Code of Corrections.
24    "Major traffic offense" means a traffic offense, as
25defined by paragraph (f) of Supreme Court Rule 501, other than
26a petty offense or business offense.

 

 

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1    "Minor traffic offense" means a traffic offense, as
2defined by paragraph (f) of Supreme Court Rule 501, that is a
3petty offense or business offense.
4    "Misdemeanor offense" means any offense for which a
5sentence to a term of imprisonment in other than a
6penitentiary for less than one year may be imposed.
7    "Offense" means a violation of any local ordinance or
8penal statute of this State.
9    "Petty offense" means any offense punishable by a fine of
10up to $1,000 and for which a sentence of imprisonment is not an
11authorized disposition.
12    "Service provider costs" means costs incurred as a result
13of services provided by an entity including, but not limited
14to, traffic safety programs, laboratories, ambulance
15companies, and fire departments. "Service provider costs"
16includes conditional amounts under this Act that are
17reimbursements for services provided.
18    "Street value" means the amount determined by the court on
19the basis of testimony of law enforcement personnel and the
20defendant as to the amount of drug or materials seized and any
21testimony as may be required by the court as to the current
22street value of the cannabis, controlled substance,
23methamphetamine or salt of an optical isomer of
24methamphetamine, or methamphetamine manufacturing materials
25seized.
26    "Supervision" means a disposition of conditional and

 

 

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1revocable release without probationary supervision, but under
2the conditions and reporting requirements as are imposed by
3the court, at the successful conclusion of which disposition
4the defendant is discharged and a judgment dismissing the
5charges is entered.
6(Source: P.A. 100-987, eff. 7-1-19; 100-994, eff. 7-1-19;
7100-1161, eff. 7-1-19.)
 
8    Section 20. The Wrongful Tree Cutting Act is amended by
9changing 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
12party found to have intentionally cut or knowingly caused to
13be cut any timber or tree, other than a tree or woody plant
14referenced in the Illinois Exotic Weeds Weed Act, which he or
15she did not have the legal right to cut or cause to be cut
16shall pay the owner of the timber or tree 3 times its stumpage
17value.
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
21be cut on protected land. Any party found to have
22intentionally cut or knowingly caused to be cut any standing
23timber or tree, other than a tree or woody plant referenced in

 

 

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1the Illinois Exotic Weeds Weed Act, on protected land, which
2he or she did not have the legal right to so cut or cause to be
3cut, must pay 3 times stumpage value plus remediation costs to
4the party that owns an interest in the land, including, but not
5limited to, holding a conservation right to the land.
6Remediation 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.)".