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AN ACT to amend sections 3, 6 and 9 of an Act entitled, “An Act creating the Illinois Farmers' Institute," approved, June 24, 1895, in force July 1, 1895, as subsequently amended, by amending sections 3, 6 and 9 thereof.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Sections 3, 6 and 9 of an Act entitled, "An Act creating the Illinois Farmers' Institute," approved June 24, 1895, in force July 1, 1895, as subsequently amended, are amended to read as follows:
§ 3. The affairs of the Illinois Farmers' Institute shall be managed by a Board of Directors, consisting of:
1. State Superintendent of Public Instruction.
5. President of the State Dairymen's Association, and one member from each congressional district of the State, to be selected by the delegates from the district present at the annual meeting of this organization: Provided, that the members first selected from the congressional districts of even numbers shall serve for one year, and the members first selected from the congressional districts of odd numbers shall serve for two years, and the members selected thereafter to fill the expired term of office shall serve for the period of two years.
§ 6. The members of each new Board of Directors shall enter upon their duties the second Tuesday after their election, and hold their offices for one or two years, as provided in section 3, or until their successors are elected and enter upon their duties. The Board of Directors shall have power to fill vacancies in the board. It shall organize by the election of a president, vice-president, treasurer and secretary, who shall hold their offices for one year, from the date of their election, or until their successors are elected and qualified. It shall employ such superintendents, speakers and clerks as may be deemed proper for organizing and conducting the work of the Illinois Farmers' Institute, and provide for the compensation by the rules of the Board of Directors. The secretary and treasurer may be other than members of the Board of Directors.
$9. For the purpose mentioned in the preceding sections, said Board of Directors may use such sums as it may deem proper and necessary, not exceeding the amount appropriated therefor by the General Assembly from the general fund, for that purpose: Provided, further,
1. State Superintendent of Public Instruction.
President of the State Horticultural Society.
5. President of the State Dairymen's Association.
And the present congressional representatives of the Illinois Farmers' Institute Association shall constitute the first Board of Directors of this organization, who shall have charge of the affairs of the same until their successors have been duly elected, and enter upon their duties as provided in this Act.
APPROVED June 28, 1919.
AN ACT to amend sections 6, 8, 10, 13, 15, 16 and 19 of an Act entitled, "An Act to prevent the introduction into and the dissemination within this State of insect pests and diseases injurious to the plants and plant products of this State," filed June 29, 1917, in force July 1, 1917.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Sections 6, 8, 10, 13, 16 and 19 of an Act entitled, "An Act to prevent the introduction into and the dissemination within this State of insect pests and disease injurious to the plants and plant products of this State" are amended as follows:
§ 6. It shall be the duty of the Department of Agriculture to cause to be inspected at least once each year between July 1 and September 15th, all nurseries in the State of Illinois as to whether they are infested by injurious insect pests or infested by injurious diseases. If upon the inspection of any nursery as above provided it shall appear that such nursery and its premises are apparently free from injurious insect pests and disease, it shall be the duty of the Department of Agriculture to give or send to the owner of such nursery or the person in charge of the same, not later than October 1, a certificate executed by the Department of Agriculture, setting forth the fact of such inspection, and such certificate shall be valid not to exceed one year from the date thereof. The provisions of this section shall not apply to florists's [florists'] greenhouse plants nor to flowers or cuttings commonly known as greenhouse stock. It shall be unlawful for any person to sell or to offer for sale or to remove or ship from a nursery or other premises any nursery stock until such stock has been officially inspected and a certificate or permit covering it has been granted by the Department of Agriculture; except that scions of fruit trees may be shipped from one
place to another within this State without inspection, under a special permit of the Department of Agriculture, in which case they must be held unused by the person receiving them until they have been duly inspected and pronounced free from injurious insect pests and diseases.
§ 8. Every dealer within the meaning of this Act, located either within or without the State, engaged in selling nursery stock in this State shall secure a dealer's certificate, first furnishing an affidavit that he will buy and sell only stock which has been duly inspected and certified by the Department of Agriculture, or by an inspector approved by the Department, and that he will maintain with the Department of Agriculture a list of all sources from which he secures his stock.
§ 10. All agents within the meaning of this Act selling nursery stock or soliciting orders for nursery stock for any nurseryman or dealer located within the State or outside the State, shall be required to secure and carry an agent's certificate bearing a copy of the certificate held by the principal. Said agent's certificate shall be issued only by the Department of Agriculture to agents authorized by their principal or upon request of their principal.
§ 13. Every person who shall engage in the selling or shipping of nursery stock in this State is hereby required to attach to the outside of each package, box, bale or carload shipped or otherwise delivered, a tag or poster on which shall appear an exact copy of his valid certificate. It shall be unlawful for any common carrier to accept for shipment, or transportation, or to transport any nursery stock from place to place within the State unless such nursery stock has attached thereto a valid official certificate of inspection showing that such stock has been inspected and found apparently free from injurious insect pests, or that the shipment has been authorized by the Department of Agriculture. In case any nursery stock is shipped in this State.or into this State from another state, county [country], or province without a valid certificate. plainly affixed as aforesaid, the fact must be promptly reported to the Department of Agriculture by the person carrying the same, together with the names of the consignor and consignee and the nature of the hipment. Any person receiving nursery stock brought into this State from outside this State without a valid certificate approved by the Department of Agriculture affixed as aforesaid, shall at once notify the Department of Agriculture of the fact, and shall not allow such nursery stock to leave his possession until it has been inspected or released by the Department of Agriculture.
§ 15. All trees, shrubs, vines, cuttings, scions, graft, plants and plant parts, plant products, and places within this State, infested by injurious insect pests or infected by plant diseases which are liable to spread to other plants, plant products or places to the injury thereof, and all species and varieties of trees, shrubs, vines and other plants not essential to the welfare of the people of this State which may serve as favorable host plants, and promote the prevalence and abundance of insect pests and plant diseases, or any stage thereof, destructively injurious to other plants essential to the welfare of the people of this State, are hereby declared to be a nuisance; and all firms, corporations,
private individuals and other persons, owning or controlling lands or places in this State, and all public authorities having jurisdiction over streets, highways, parks and other public places shall keep the same free from all injurious insect pests and plant diseases, and all species and varieties of plants declared by the provisions of this section to be a nui
§ 16. If the Department of Agriculture shall determine that any species or variety of tree, vine, shrub or other plant, growing within. this State is a nuisance as defined in section 15 of this Act, and if in the judgment of the Department such species or variety of tree, shrub, vine or other plant should be eradicated from this State, or from any section thereof, in order to safeguard the other plants and plant products of the State, it shall give public notice thereof, designating the species or variety of plant, the eradication of which is proposed, and the reasons why the eradication of such plant is necessary; such notice shall also designate a place and a time, which time shall not be less than 30 days after the date of such notice, for a public hearing at which all persons in the State interested in the proposed action of the Department may be heard.
If after such hearing the Department of Agriculture shall determine that such species or variety of plant should be eradicated, it shall give public notice of the fact, naming the species or variety of plant to be eradicated, describing the boundaries of the section of the State from which such species or variety of plant shall be eradicated, and the date when such notice shall become effective.
If the Department of Agriculture shall have reason to suppose that any property or place in this State is infested by any injurious insect pest or infested by any plant disease, or has growing thereon or stored therein any species or variety of plant which the Department of Agriculture has declared to be a nuisance within the meaning of section 15 of this Act, it shall have power to inspect, or cause to be inspected, from time to time such property or place; and, if it shall find by such inspection as aforesaid, that any person is maintaining a nuisance as described in section 15 of this Act as amended, the Department of Agriculture shall give written notice of the facts to the owner, or other person in possession or control of the property or place where such nuisance was found; which notice shall specify the condition constituting such nuisance, the method by which and the time within which such nuisance shall be abated; and such owner or person in charge shall proceed to eradicate, control or prevent the dissemination of such injurious insect pest or plant disease or to remove, cut, destroy or otherwise completely eradicate the species or variety of plant constituting the nuisance, within the time and in the manner described in such notice. Whenever such owner or other person cannot be found, or shall fail, neglect or refuse to obey the requirements of said notice, the Department of Agriculture may proceed to abate such nuisance; and in so doing the Department of Agriculture is authorized to treat, remove, cut or destroy infested or infected plants and plant products, or other things and substances used
in connection therewith, if in the judgment of the Department such removal, cutting or destruction is necessary to abate the nuisance effectively; and the Department of Agriculture shall have and enforce a lien for the expense thereof against the place in or upon which such expense was incurred in the same manner as liens are had and enforced against buildings, lots, wharves and piers for labor and materials furnished by contract with the owner.
$19. Whenever the Department of Agriculture shall find as a fact that any plant or plant product is infested or infected by any insect pest or plant disease, or is likely to be so infested or infected, in any other state, territory, district, province or country, or in any portion thereof, or in any locality therein, or that any plant or plant product, coming therefrom into this State is liable to convey infection to plants or plant products in this State, the Department of Agriculture shall report such fact to the Governor. The Governor may thereupon, by proclamation, schedule such state, territory, district, province, or country, or any portion thereof, or any locality therein, and prohibit the bringing therefrom into this State of any plant or plant product of the kind infested or infected, or liable to be infested and infected, or is liable to convey infection to plants or plant products in this State, except under such regulations as may be prescribed by the Department of Agriculture and approved by the Governor.
Any person, firm, joint stock company, or corporation that shall knowingly transport, receive or convey such prohibited plant or plant product from the scheduled district into the State of Illinois in violation of such regulations, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than five hundred dollars nor more than five thousand dollars for each and every offense and shall be liable for all damages or loss that may be sustained by any person or corporation by reason of such importation or transportation of such prohibited plants or plant products.
APPROVED June 28, 1919.