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| Public Act 100-0061 | ||||
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AN ACT concerning conservation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The State Forest Act is amended by changing | ||||
Section 6 as follows:
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(525 ILCS 40/6) (from Ch. 96 1/2, par. 5907)
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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
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shall utilize the most modern methods and
techniques to operate | ||||
its nursery facilities.
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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.
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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
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or desirable, or (b) providing labor, equipment and technical | ||
supervision to
plan and implement the conservation plantings, | ||
or both.
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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.
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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.
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Plants and plant materials may be made available to the | ||
general public,
mining companies, other industries and
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agencies of the federal government but shall be sold at a price
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approximately equal to the cost of acquisition or production | ||
and distribution.
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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.
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The Department may effect exchanges, purchases or sales | ||
involving plants
and plant materials with other states or with | ||
agencies of the federal
government.
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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.
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(Source: P.A. 91-357, eff. 7-29-99.)
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