Illinois General Assembly - Full Text of HB2488
Illinois General Assembly

Previous General Assemblies

Full Text of HB2488  100th General Assembly



HB2488 EnrolledLRB100 10854 SLF 21088 b

1    AN ACT concerning conservation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17wildlife habitat, erosion control, energy conservation,
18natural community restoration, general reforestation,
19research, commemorative plantings, and educational programs
20such as Arbor Day unless otherwise agreed through a memorandum
21of understanding with the Illinois Green Industry Association
22which would allow the sale of plants as liner stock. Plants and
23plant materials distributed by the State shall not be used for



HB2488 Enrolled- 2 -LRB100 10854 SLF 21088 b

1ornamental, landscaping or shade tree purposes. Plants and
2plant materials secured or produced and distributed by the
3State nurseries are to be protected against abuses, such as may
4occur in the event of livestock grazing or wildfire.
5    The Department may cooperate with any person or group
6desirous of establishing plants or plant materials for
7conservation plantings by (a) selling furnishing trees,
8shrubs, flower seeds, or other materials where deemed necessary
9or desirable, or (b) providing labor, equipment and technical
10supervision to plan and implement the conservation plantings,
11or both.
12    Plants and plant materials may be provided, upon approval
13of a written management plan, without charge to individual
14landowners, State agencies and institutions, local
15governments, civic groups and others for conservation
16plantings but shall be sold at a price approximately equal to
17the cost of acquisition or production and distribution.
18    Plants and plant materials may be provided without charge
19to government agencies and institutions, organized groups or
20individuals for special conservation plantings, research
21plantings, educational purposes and commemorative plantings
22but shall be sold at a price approximately equal to the cost of
23acquisition or production and distribution.
24    Plants and plant materials may be made available to the
25general public, mining companies, other industries and
26agencies of the federal government but shall be sold at a price



HB2488 Enrolled- 3 -LRB100 10854 SLF 21088 b

1approximately equal to the cost of acquisition or production
2and distribution.
3    Products such as Christmas trees, roundwood and other
4materials derived from State distributed plants or plant
5materials may be utilized, sold or removed, except that no such
6plants shall be resold, bartered or given away and removed
7alive with the roots attached unless otherwise agreed through a
8memorandum of understanding with the Illinois Green Industry
9Association which would allow the sale of plants as liner
11    The Department may effect exchanges, purchases or sales
12involving plants and plant materials with other states or with
13agencies of the federal government.
14    The Department shall have the authority to make such rules
15and regulations pursuant to the Illinois Administrative
16Procedure Act as it deems necessary for carrying out,
17administering and enforcing the provisions of this Act.
18(Source: P.A. 91-357, eff. 7-29-99.)