Illinois General Assembly - Full Text of SB2910
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Full Text of SB2910  99th General Assembly


Sen. David S. Luechtefeld

Filed: 4/15/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2910, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Illinois Noxious Weed Law is amended by
6changing Sections 2, 4, and 14 as follows:
7    (505 ILCS 100/2)  (from Ch. 5, par. 952)
8    Sec. 2. As used in this Act: (1) "Person" means any
9individual, partnership, firm, corporation, company, society,
10association, the State or any department, agency, or
11subdivision thereof, or any other entity.
12    (2) "Control", "controlled" or "controlling" includes
13being in charge of or being in possession, whether as owner,
14lessee, renter, or tenant, under statutory authority, or
16    (3) "Director" means the Director of the Department of



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



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1of Agricultural, Consumer and Environmental Sciences
2Agriculture of the University of Illinois and the Director of
3the Agricultural Experiment Station at the University of
4Illinois, shall determine what weeds are noxious for the
5purposes of this Act, and shall compile and keep current a list
6of such noxious weeds, which list shall be published and
7incorporated in the rules and regulations of the Department.
8The Director shall, from time to time, adopt and publish
9methods as official for control and eradication of noxious
10weeds and make and publish such rules and regulations as in his
11judgment are necessary to carry out the provisions of this Act.
12(Source: P.A. 77-1037.)
13    (505 ILCS 100/14)  (from Ch. 5, par. 964)
14    Sec. 14. To prevent the dissemination of noxious weeds
15through any article, including machinery, equipment, plants,
16materials and other things, the Director, in consultation with
17the Dean of the College of Agricultural, Consumer and
18Environmental Sciences Agriculture of the University of
19Illinois and the Director of the Agricultural Experiment
20Station at the University of Illinois, shall, from time to
21time, publish a list of noxious weeds which may be disseminated
22through articles and a list of articles capable of
23disseminating such weeds, and designate treatment of such
24articles as, in his opinion, would prevent such dissemination.
25Until such article is treated in accordance with the applicable



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1regulations, it shall not be moved from such premises except
2under and in accordance with the written permission of the
3Control Authority having jurisdiction of the area in which such
4article is located, and the Control Authority may hold or
5prevent its movement from such premises. The movement of any
6such article which has not been so decontaminated, except in
7accordance with such written permission, may be stopped by the
8Control Authority having jurisdiction over the place in which
9such movement is taking place and further movement and
10disposition shall only be in accordance with such Control
11Authority's direction.
12(Source: P.A. 77-1037.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".