WeVote
Log In

Bill

Bill

SB 3433

GINSENG HARVESTING-FORFEITURE

104th Regular Session Introduced by John Curran and 1 co-sponsor

Expands licensing, enforcement, and seizure/forfeiture powers for ginseng harvesting, directing forfeiture proceeds to the Wildlife and Fish Fund.

Chief Sponsor Changed to Sen. John F. Curran
0
WeVote Research Nonpartisan
Bill Summary · SB 3433

Summary of SB3433 (104th General Assembly) – Ginseng Harvesting Forfeiture

Establishes updated provisions for the Ginseng Harvesting Act, including enhanced enforcement, license requirements, and seizure/forfeiture procedures. The bill also integrates the Ginseng Harvesting Act into the Seizure and Forfeiture Reporting Act framework.

1) Main purpose and intent

  • Strengthen regulation of ginseng harvesting in Illinois by clarifying definitions, tightening license administration, expanding enforcement powers, and standardizing seizure and forfeiture processes for violations.
  • Ensure proceeds from seized and forfeited ginseng-related property support state conservation funding.

2) Key provisions and changes

Definitions (Sec. 1)

  • Clarifies terms:
    • Cultivated ginseng (ginseng grown in tilled beds under artificial shade).
    • Wild ginseng (ginseng gathered in its natural habitat, whether native or introduced/encouraged).
    • Grower, Harvester, Root, Green ginseng (moisture-based drying ratio 3.3 to 1).
    • Distinguishes licenses for harvesters, growers, and dealers.

Harvest license (Sec. 2a)

  • Wild ginseng harvest prohibited without a Department-issued harvest license.
  • License must be produced on request by law enforcement or Department staff.
  • License fee: $7, valid April 1–March 31; harvest season aligned to the year issued.
  • License issuance procedures and harvest methods regulated by administrative rule.
  • Wild ginseng must be sold only to licensed dealers.
  • All wild ginseng must be sold by March 1 of the year following harvest.

Grower’s license (Sec. 2b)

  • Cultivated ginseng growers must obtain an annual grower’s license ($25).
  • License valid April 1–March 31; allows harvest of cultivated ginseng any time.
  • Growers must keep location, production, and other required records; Department rules govern recordkeeping, reporting, and certification of origin.
  • Licensees must immediately produce license upon request by law enforcement or Department staff.

Dealer license (Sec. 2c)

  • Dealers must be licensed to buy wild or cultivated ginseng for resale/export.
  • License fee: $50 for Illinois residents, $100 for nonresidents; valid April 1–March 31.
  • Dealers must maintain purchase/sale records, including harvest location and other required data.
  • Dealers may purchase Illinois wild ginseng only from two weeks after wild harvest opening until March 1, or import certified ginseng from other states.
  • Licensees must immediately produce license on request.

Trespass to harvest (Sec. 4)

  • Prohibits entering another’s property to harvest ginseng without permission, and prohibited acts of breaking, digging, destroying, or carrying away ginseng.

Additional license revocation and denial provisions (Sec. 6)

  • If a licensee is guilty of misrepresentation, violations of the Act or related law, or certain federal offenses connected to Illinois, the Department may revoke or suspend the license up to 5 years (based on Department rules).
  • New penalty: Class A misdemeanor for violations while license is suspended or revoked.
  • Prohibition on being in the company of others engaged in licensed activity or serving as a guide during suspension/denial periods.

Forfeiture and seizure (Sec. 7; new)

  • Any device or equipment (including vehicles) used or attempted to be used in violations is subject to seizure and confiscation as a public nuisance.
  • Seizure procedures: Department must file a complaint and summons; court determines illegality and may order forfeiture to the State; owner may challenge via jury and appeal.
  • If property is abandoned or illegally possessed, the Department must attempt to identify the rightful owner before disposing of or selling at public auction after six months.
  • Proceeds from public sales go to the Wildlife and Fish Fund.
  • Department bears costs for required notices; seizures are reportable under the Seizure and Forfeiture Reporting Act.

Repeals (Sec. 15)

  • Repeals existing sections 1a–1e of the Ginseng Harvesting Act, aligning with new consolidated provisions.

Seizure and Forfeiture Reporting Act compatibility

  • Expands applicability to include the Ginseng Harvesting Act (and integrates reporting requirements).

3) Who or what is affected

  • Individuals and entities involved in ginseng harvesting, growing, and dealing:
    • Harvesters of wild ginseng
    • Growers of cultivated ginseng
    • Dealers of ginseng (wild or cultivated)
  • Law enforcement and Department of Natural Resources personnel, sheriffs, and peace officers enforcing the Act.
  • Property owners and users related to seized or forfeited equipment and property.
  • Revenue streams: proceeds from forfeitures directed to the Wildlife and Fish Fund.

4) Procedural and timeline aspects

  • Licenses operate on an April 1–March 31 cycle.
  • Wild ginseng must be sold by March 1 following harvest; dealer purchases of Illinois wild ginseng limited to a short window after opening or certified imports from other states.
  • Forfeiture process involves court action, potential jury trial, and appeals; seized property becomes state property if forfeited.
  • Forfeiture proceeds directed to the Wildlife and Fish Fund.
  • Administrative-rule-based procedures govern license issuance, recordkeeping, reporting, and the methods of harvest and enforcement.

Note: The bill is introduced and subject to committee action; it redefines licensing and enforcement mechanics and expands seizure/forfeiture authority under the Ginseng Harvesting Act, with Seizure and Forfeiture Reporting Act alignment.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.