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Full Text of HB5021
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HB5021 - 104th General Assembly
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HB5021 Enrolled
LRB104 17969 BDA 34060 b
1
AN ACT concerning conservation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Ginseng Harvesting Act is amended by
5
changing Sections 1, 2a, 2b, 2c, 4, and 6 as follows:
6
(525 ILCS 20/1)
(from Ch. 61, par. 501)
7
Sec. 1.
Definitions.
As used in this Act, unless the
8
context otherwise requires:
9
"Cultivated ginseng" means ginseng growing in tilled beds
10
under shade of artificial structures.
11
"Department" means the Department of Natural Resources.
12
"Ginseng" means the root of the American ginseng plant
13
(Panax quinquefolium). "Ginseng" includes, but is not limited
14
to, the roots, rhizomes, leaves, and seeds of the American
15
ginseng plant, which may be cultivated or wild. "Ginseng" does
16
not include those parts of the American ginseng plant that
17
have been processed.
18
"Green ginseng" means a root of ginseng from which the
19
moisture has not been removed by drying. In this Act, the
20
amount of dried ginseng rhizome that can be derived from green
21
ginseng rhizome may be calculated using a ratio of 3.3 to one
22
by weight.
23
"Grower" means a person who grows cultivated ginseng for
HB5021 Enrolled
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LRB104 17969 BDA 34060 b
1
the purpose of selling the ginseng.
2
"Harvester" means any person who harvests, possesses,
3
transports, cuts, gathers, destroys, digs, or uproots wild
4
ginseng for the purpose of selling the ginseng or for personal
5
use.
6
"Root" means the ginseng rhizome and its roots.
7
"Wild ginseng" means ginseng in, or collected from, its
8
natural habitat, notwithstanding whether the ginseng is native
9
to that habitat or was introduced or increased in abundance by
10
sowing ginseng seed or by transplanting ginseng plants from
11
other areas.
12
(Source: P.A. 83-680.)
13
(525 ILCS 20/2a)
(from Ch. 61, par. 508)
14
Sec. 2a.
Harvest License.
No person may cut, root up,
15
gather or harvest wild ginseng
, or attempt to do so,
unless the
16
person has a harvest license issued by the Department.
All
17
persons licensed by the Department pursuant to this Section
18
shall immediately produce the license when requested to do so
19
by an officer or authorized employee of the Department or any
20
sheriff, deputy sheriff, or other peace officer.
The fee for a
21
harvest license is $7 and is valid from April 1 to March 31. A
22
harvest license is valid during the established harvest season
23
for wild ginseng for the year during which it is issued. The
24
Department shall establish by administrative rule the
25
procedure for issuing licenses and regulations on the methods
HB5021 Enrolled
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LRB104 17969 BDA 34060 b
1
used to harvest. Harvested wild ginseng may be sold only to
2
dealers licensed by the State of Illinois. All wild ginseng
3
must be sold by harvesters no later than March 1 of the year
4
following harvest.
5
(Source: P.A. 85-152.)
6
(525 ILCS 20/2b)
(from Ch. 61, par. 509)
7
Sec. 2b.
Grower's License.
Any person engaged in the
8
propagation and harvesting of cultivated ginseng shall secure
9
a registered grower's license from the Department annually for
10
a fee of $25.00. A grower's license shall authorize the
11
harvest of cultivated ginseng at any time. A grower's license
12
is valid from April 1 through March 31. A grower shall maintain
13
records as to the location of all cultivated ginseng fields,
14
areas or facilities, quantity of ginseng produced and any
15
other information required by the Department by administrative
16
rule and shall keep records and make reports to the Department
17
as required by administrative rule. The Department shall
18
establish by administrative rule procedures of issuing
19
licenses, keeping records and reports, reporting transactions
20
and certifying the amounts, quantities and origin of the
21
cultivated ginseng. The Department shall supply, free of
22
additional charges proper forms to growers for all required
23
data and information.
All persons licensed by the Department
24
pursuant to this Section shall immediately produce the license
25
when requested to do so by an officer or authorized employee of
HB5021 Enrolled
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LRB104 17969 BDA 34060 b
1
the Department or any sheriff, deputy sheriff, or other peace
2
officer.
3
(Source: P.A. 83-680.)
4
(525 ILCS 20/2c)
(from Ch. 61, par. 510)
5
Sec. 2c.
Dealer License.
No person shall be engaged in the
6
business of buying wild or cultivated ginseng from harvesters,
7
growers or other dealers for resale to exporters or to other
8
dealers unless the person has a license issued by the
9
Department to be a dealer of ginseng. The fee for a dealer's
10
license is $50.00 for Illinois residents and $100.00 for
11
nonresidents and is valid from April 1 through March 31. A
12
dealer shall maintain records, open to duly authorized agents
13
of the Department, of the quantity of material purchased and
14
sold, the county where purchased ginseng was harvested, and
15
other information required by the Department by administrative
16
rule, and shall make reports to the Department as required.
17
The Department shall establish by administrative rule
18
procedures for issuing licenses, keeping records, reporting
19
transactions, and certifying the origin of ginseng. The
20
Department shall supply free of additional charge, proper
21
forms to dealers for all required data and information. A
22
dealer may purchase roots of wild ginseng harvested in
23
Illinois only during the period from two weeks after the
24
opening of the harvest season for wild ginseng to the
25
following March 1, or may purchase at any time wild or
HB5021 Enrolled
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LRB104 17969 BDA 34060 b
1
cultivated ginseng harvested in another state and certified
2
for export by that state.
All persons licensed by the
3
Department pursuant to this Section shall immediately produce
4
the license when requested to do so by an officer or authorized
5
employee of the Department or any sheriff, deputy sheriff, or
6
other peace officer.
7
(Source: P.A. 84-1065.)
8
(525 ILCS 20/4)
(from Ch. 61, par. 516)
9
Sec. 4.
Trespass to Harvest Ginseng.
No person shall,
10
without permission of the owner, enter the forest, field,
11
yard, building, garden or other enclosure of another and
12
willfully break down, dig, destroy, take or carry away any
13
ginseng
or attempt to do so
.
14
(Source: P.A. 83-680.)
15
(525 ILCS 20/6)
16
Sec. 6.
Additional license revocation and denial
17
provisions.
18
(a) If a license has been issued to any person under this
19
Act and that person is found guilty of any misrepresentation
20
in obtaining that license or a violation of any of the
21
provisions of this Act or its rules or a violation of the
22
United States Code that involves the possession, use, sale,
23
transportation, or harvesting of ginseng when any part of the
24
United States Code violation occurred in Illinois, the license
HB5021 Enrolled
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LRB104 17969 BDA 34060 b
1
may be revoked by the Department. The Department may also
2
refuse to issue any license to that person and may suspend that
3
person from engaging in any activity requiring the license for
4
a period of time
in accordance with rules adopted by the
5
Department
not to exceed 5 years following the revocation
.
6
(b) If a person who has not been issued a license under
7
this Act is found guilty of a violation of any of the
8
provisions of this Act or its rules or a violation of the
9
United States Code that involves the possession, use, sale,
10
transportation, or harvesting of ginseng when any part of the
11
United States Code violation occurred in Illinois, the
12
Department may refuse to issue any license to that person and
13
may suspend that person from engaging in any activity
14
requiring the license for a period of time
in accordance with
15
rules adopted by the Department
not to exceed 5 years
.
16
(c) The Department's license revocation procedures must be
17
established by administrative rule.
18
(d) Any person who violates any of the provisions of this
19
Act or its rules during any period when his or her license is
20
revoked or denied by virtue of this Section, or during the time
21
he or she is suspended under subsection (b), is guilty of a
22
Class A misdemeanor.
23
(e) A person whose license to engage in any activity
24
regulated under this Act has been suspended or revoked may
25
not, during the period of the suspension or revocation or
26
until obtaining the proper license, (i) be in the company of
HB5021 Enrolled
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LRB104 17969 BDA 34060 b
1
any person engaging in the activity covered by the license or
2
(ii) serve as a guide or facilitator for a person who is
3
engaged or prepared to engage in the activity covered by the
4
license.
5
(Source: P.A. 102-837, eff. 5-13-22.)
6
(525 ILCS 20/1a rep.)
7
(525 ILCS 20/1b rep.)
8
(525 ILCS 20/1c rep.)
9
(525 ILCS 20/1d rep.)
10
(525 ILCS 20/1e rep.)
11
Section 10.
The Ginseng Harvesting Act is amended by
12
repealing Sections 1a, 1b, 1c, 1d, and 1e.
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