SB2910 EngrossedLRB099 15944 MGM 40261 b

1    AN ACT concerning agriculture.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Noxious Weed Law is amended by
5changing Sections 2, 4, and 14 as follows:
 
6    (505 ILCS 100/2)  (from Ch. 5, par. 952)
7    Sec. 2. As used in this Act: (1) "Person" means any
8individual, partnership, firm, corporation, company, society,
9association, the State or any department, agency, or
10subdivision thereof, or any other entity.
11    (2) "Control", "controlled" or "controlling" includes
12being in charge of or being in possession, whether as owner,
13lessee, renter, or tenant, under statutory authority, or
14otherwise.
15    (3) "Director" means the Director of the Department of
16Agriculture of the State of Illinois, or his or her duly
17appointed representative.
18    (4) "Department" means the Department of Agriculture of the
19State of Illinois.
20    (5) "Noxious weed" means any plant which is determined by
21the Director, the Dean of the College of Agricultural, Consumer
22and Environmental Sciences Agriculture of the University of
23Illinois and the Director of the Agricultural Experiment

 

 

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1Station at the University of Illinois, to be injurious to
2public health, crops, livestock, land or other property.
3    (6) "Control Authority" means the governing body of each
4county, and shall represent all rural areas and cities,
5villages and townships within the county boundaries.
6    (7) "Applicable fund" means the fund current at the time
7the work is performed or the money is received.
8(Source: P.A. 77-1037.)
 
9    (505 ILCS 100/4)  (from Ch. 5, par. 954)
10    Sec. 4. The duty of enforcing this Act and carrying out its
11provisions is vested in the Director, and the authorities
12designated in this Act acting under the supervision and
13direction of the Director. If a Control Authority fails to
14carry out its duties and responsibilities under this Act or
15fails to follow the Department's rules, the Director shall
16enforce this Act or rules by sending a Notice of Noncompliance
17to the Control Authority. The Director, the Dean of the College
18of Agricultural, Consumer and Environmental Sciences
19Agriculture of the University of Illinois and the Director of
20the Agricultural Experiment Station at the University of
21Illinois, shall determine what weeds are noxious for the
22purposes of this Act, and shall compile and keep current a list
23of such noxious weeds, which list shall be published and
24incorporated in the rules and regulations of the Department.
25The Director shall, from time to time, adopt and publish

 

 

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1methods as official for control and eradication of noxious
2weeds and make and publish such rules and regulations as in his
3judgment are necessary to carry out the provisions of this Act.
4(Source: P.A. 77-1037.)
 
5    (505 ILCS 100/14)  (from Ch. 5, par. 964)
6    Sec. 14. To prevent the dissemination of noxious weeds
7through any article, including machinery, equipment, plants,
8materials and other things, the Director, in consultation with
9the Dean of the College of Agricultural, Consumer and
10Environmental Sciences Agriculture of the University of
11Illinois and the Director of the Agricultural Experiment
12Station at the University of Illinois, shall, from time to
13time, publish a list of noxious weeds which may be disseminated
14through articles and a list of articles capable of
15disseminating such weeds, and designate treatment of such
16articles as, in his opinion, would prevent such dissemination.
17Until such article is treated in accordance with the applicable
18regulations, it shall not be moved from such premises except
19under and in accordance with the written permission of the
20Control Authority having jurisdiction of the area in which such
21article is located, and the Control Authority may hold or
22prevent its movement from such premises. The movement of any
23such article which has not been so decontaminated, except in
24accordance with such written permission, may be stopped by the
25Control Authority having jurisdiction over the place in which

 

 

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1such movement is taking place and further movement and
2disposition shall only be in accordance with such Control
3Authority's direction.
4(Source: P.A. 77-1037.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.