SB2757 103RD GENERAL ASSEMBLY

LRB103 34762 LNS 64612 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2757

Introduced 1/16/2024, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

415 ILCS 60/3

from Ch. 5, par. 803

Amends the Illinois Pesticide Act. Removes language providing that the regulation of pesticides by any political subdivision of the State is specifically prohibited except for counties and municipalities with a population over 2,000,000. Provides instead that neither a home rule unit nor any other political subdivision of the State may regulate pesticides in a manner that is less restrictive than the regulation of pesticides by the State under the Act.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Pesticide Act is amended by changing Section 3 as follows:

(415 ILCS 60/3) (from Ch. 5, par. 803)

Sec. 3. Delegation of Authority. The Illinois Department of Agriculture shall administer "The Illinois Pesticide Act".

1. It shall be the duty of the Department of Agriculture to enforce this Act and such provisions of other Acts intended to control the registration, purchase, use, storage and disposal of pesticides, unless otherwise specified in this Section. Also, the Department of Agriculture shall control the purchase and use of pesticides pertaining to the production, protection, care, storage, or transportation of agricultural commodities and to control the use of pesticides applied by agricultural equipment. Also, the Department shall establish and implement an Agrichemical Facility Response Action Program as provided in Section 19.3.

2. It shall be the duty of the Department of Public Health to enforce such provisions of this Act and other Acts intended to control structural pest pesticides, as defined in subparagraph 37 of Section 4, of this Act. It shall be the duty of the Department of Public Health to enforce such provisions of this Act related to vector control, control of pestiferous and disease carrying insects, rodents and other animals, and control of birds and other mammals that may pose a threat to the health of the public.

3. It shall be the duty of the Environmental Protection Agency to enforce such provisions of this Act and other Acts intended to protect and preserve the quality of air, water, and guard against unreasonable contamination of land resources.

4. Neither a home rule unit nor any other political subdivision of this State may regulate pesticides in a manner that is less restrictive than the regulation of pesticides by the State under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. The regulation of pesticides by any political subdivision of this State, including home rule units, is specifically prohibited except for counties and municipalities with a population over 2,000,000. The regulation of pesticides under this Act is an exclusive power and function of the State, except as provided in this paragraph, and is a denial and limitation, under Article VII, Section 6, subsection (h) of the Illinois Constitution, of the power of a home rule unit to regulate pesticides.

(Source: P.A. 89-94, eff. 7-6-95.)