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Public Act 100-0061


 

Public Act 0061 100TH GENERAL ASSEMBLY



 


 
Public Act 100-0061
 
HB2488 EnrolledLRB100 10854 SLF 21088 b

    AN ACT concerning conservation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Forest Act is amended by changing
Section 6 as follows:
 
    (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 distributed by the State shall not be used for
ornamental, landscaping or shade tree purposes. 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 furnishing 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, without charge 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 without charge
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. 91-357, eff. 7-29-99.)

Effective Date: 1/1/2018