Sen. John M. Sullivan

Filed: 4/15/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 179 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The State Forest Act is amended by changing
5Section 6 as follows:
6    (525 ILCS 40/6)  (from Ch. 96 1/2, par. 5907)
7    Sec. 6. The Department shall have the authority to take all
8measures necessary to secure plants and plant materials from
9private sources and to establish and operate nurseries to
10produce and distribute plants and plant materials. The
11Department shall develop and implement a program of securing
12plants and plant materials from private sources. The Department
13shall utilize the most modern methods and techniques to operate
14its nursery facilities.
15    The plants and plant materials secured or produced shall be
16used exclusively for conservation purposes, such as for



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1wildlife habitat, erosion control, energy conservation,
2natural community restoration, general reforestation,
3research, commemorative plantings, and educational programs
4such as Arbor Day unless otherwise agreed through a memorandum
5of understanding with the Illinois Green Industry Association
6which would allow the sale of plants as liner stock. Plants and
7plant materials distributed by the State shall not be used for
8ornamental, landscaping or shade tree purposes. Plants and
9plant materials secured or produced and distributed by the
10State nurseries are to be protected against abuses, such as may
11occur in the event of livestock grazing or wildfire.
12    The Department may cooperate with any person or group
13desirous of establishing plants or plant materials for
14conservation plantings by (a) furnishing trees, shrubs, seeds
15or other materials where deemed necessary or desirable, or (b)
16providing labor, equipment and technical supervision to plan
17and implement the conservation plantings, or both.
18    Plants and plant materials may be provided, upon approval
19of a written management plan, without charge to individual
20landowners, State agencies and institutions, local
21governments, civic groups and others for conservation
23    Plants and plant materials may be provided without charge
24to government agencies and institutions, organized groups or
25individuals for special conservation plantings, research
26plantings, educational purposes and commemorative plantings.



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1    Plants and plant materials may be made available to the
2general public, mining companies, other industries and
3agencies of the federal government but shall be sold at a price
4approximately equal to the cost of acquisition or production
5and distribution.
6    Products such as Christmas trees, roundwood and other
7materials derived from State distributed plants or plant
8materials may be utilized, sold or removed, except that no such
9plants shall be resold, bartered or given away and removed
10alive with the roots attached unless otherwise agreed through a
11memorandum of understanding with the Illinois Green Industry
12Association which would allow the sale of plants as liner
14    The Department may effect exchanges, purchases or sales
15involving plants and plant materials with other states or with
16agencies of the federal government.
17    The Department shall have the authority to make such rules
18and regulations pursuant to the Illinois Administrative
19Procedure Act as it deems necessary for carrying out,
20administering and enforcing the provisions of this Act.
21(Source: P.A. 91-357, eff. 7-29-99.)".