Public Act 099-0539
 
SB2910 EnrolledLRB099 15944 MGM 40261 b

    AN ACT concerning agriculture.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Noxious Weed Law is amended by
changing Sections 2, 4, and 14 as follows:
 
    (505 ILCS 100/2)  (from Ch. 5, par. 952)
    Sec. 2. As used in this Act: (1) "Person" means any
individual, partnership, firm, corporation, company, society,
association, the State or any department, agency, or
subdivision thereof, or any other entity.
    (2) "Control", "controlled" or "controlling" includes
being in charge of or being in possession, whether as owner,
lessee, renter, or tenant, under statutory authority, or
otherwise.
    (3) "Director" means the Director of the Department of
Agriculture of the State of Illinois, or his or her duly
appointed representative.
    (4) "Department" means the Department of Agriculture of the
State of Illinois.
    (5) "Noxious weed" means any plant which is determined by
the Director, the Dean of the College of Agricultural, Consumer
and Environmental Sciences Agriculture of the University of
Illinois and the Director of the Agricultural Experiment
Station at the University of Illinois, to be injurious to
public health, crops, livestock, land or other property.
    (6) "Control Authority" means the governing body of each
county, and shall represent all rural areas and cities,
villages and townships within the county boundaries.
    (7) "Applicable fund" means the fund current at the time
the work is performed or the money is received.
(Source: P.A. 77-1037.)
 
    (505 ILCS 100/4)  (from Ch. 5, par. 954)
    Sec. 4. The duty of enforcing this Act and carrying out its
provisions is vested in the Director, and the authorities
designated in this Act acting under the supervision and
direction of the Director. If a Control Authority fails to
carry out its duties and responsibilities under this Act or
fails to follow the Department's rules, the Director shall
enforce this Act or rules by sending a Notice of Noncompliance
to the Control Authority. The Director, the Dean of the College
of Agricultural, Consumer and Environmental Sciences
Agriculture of the University of Illinois and the Director of
the Agricultural Experiment Station at the University of
Illinois, shall determine what weeds are noxious for the
purposes of this Act, and shall compile and keep current a list
of such noxious weeds, which list shall be published and
incorporated in the rules and regulations of the Department.
The Director shall, from time to time, adopt and publish
methods as official for control and eradication of noxious
weeds and make and publish such rules and regulations as in his
judgment are necessary to carry out the provisions of this Act.
(Source: P.A. 77-1037.)
 
    (505 ILCS 100/14)  (from Ch. 5, par. 964)
    Sec. 14. To prevent the dissemination of noxious weeds
through any article, including machinery, equipment, plants,
materials and other things, the Director, in consultation with
the Dean of the College of Agricultural, Consumer and
Environmental Sciences Agriculture of the University of
Illinois and the Director of the Agricultural Experiment
Station at the University of Illinois, shall, from time to
time, publish a list of noxious weeds which may be disseminated
through articles and a list of articles capable of
disseminating such weeds, and designate treatment of such
articles as, in his opinion, would prevent such dissemination.
Until such article is treated in accordance with the applicable
regulations, it shall not be moved from such premises except
under and in accordance with the written permission of the
Control Authority having jurisdiction of the area in which such
article is located, and the Control Authority may hold or
prevent its movement from such premises. The movement of any
such article which has not been so decontaminated, except in
accordance with such written permission, may be stopped by the
Control Authority having jurisdiction over the place in which
such movement is taking place and further movement and
disposition shall only be in accordance with such Control
Authority's direction.
(Source: P.A. 77-1037.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.