Illinois General Assembly - Illinois Compiled Statutes

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525 ILCS 40/6

(525 ILCS 40/6) (from Ch. 96 1/2, par. 5907)

Sec. 6.

The Department shall have the authority to take all measures
necessary to secure plants and plant materials from private sources and to
establish and operate nurseries to produce and distribute plants and plant
materials.  The Department shall develop and implement a program of
securing plants and plant materials from private sources.  The Department
shall utilize the most modern methods and
techniques to operate its nursery facilities.

The plants and plant materials secured or produced
shall be used exclusively for conservation purposes, such as
for wildlife habitat, erosion control, energy conservation, natural
community restoration, general reforestation, research, commemorative
plantings, and educational programs such as Arbor Day unless otherwise agreed through a memorandum of understanding with the Illinois Green Industry Association which would allow the sale of plants as liner stock.  Plants and plant
materials secured or produced and distributed by the State nurseries are to
be protected against
abuses, such as may occur in the event of livestock grazing or wildfire.

The Department may cooperate with any person or group desirous of
establishing plants or plant materials for conservation plantings by (a) selling
 trees, shrubs, flower seeds, or other materials where deemed necessary
or desirable, or (b) providing labor, equipment and technical supervision to
plan and implement the conservation plantings, or both.

Plants and plant materials may be provided, upon approval of a written
management plan, to individual landowners, State agencies
and institutions, local governments, civic groups and others for conservation plantings but shall be sold at a price approximately equal to the cost of acquisition or production and distribution.

Plants and plant materials may be provided to government
agencies and institutions, organized groups or individuals for special
conservation plantings, research plantings, educational purposes and
commemorative plantings but shall be sold at a price approximately equal to the cost of acquisition or production and distribution.

Plants and plant materials may be made available to the general public,
mining companies, other industries and
agencies of the federal government but shall be sold at a price
approximately equal to the cost of acquisition or production and distribution.

Products such as Christmas trees, roundwood and other materials derived
from State distributed plants or plant materials may be utilized, sold or
removed, except that no such plants shall be resold, bartered or given away
and removed alive with the roots attached unless otherwise agreed through a memorandum of understanding with the Illinois Green Industry Association which would allow the sale of plants as liner stock.

The Department may effect exchanges, purchases or sales involving plants
and plant materials with other states or with agencies of the federal
government.

The Department shall have the authority to make such rules and
regulations pursuant to the Illinois Administrative Procedure Act as it
deems necessary for carrying out, administering and enforcing the
provisions of this Act.

(Source: P.A. 100-61, eff. 1-1-18.)