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.)