HB4994 100TH GENERAL ASSEMBLY

LRB100 16744 SLF 31884 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4994

Introduced , by Rep. Fred Crespo

SYNOPSIS AS INTRODUCED:

New Act

Creates the Saving Illinois' Pollinators Act. Provides that beginning 9 months after the effective date of the Act, it shall be unlawful to apply neonicotinoid insecticides on public lands owned or maintained by this State. Provides that beginning 9 months after the effective date of the Act, it shall be unlawful to apply neonicotinoid insecticides in other outdoor residential settings, including landscaping, ornamental, or other outdoor applications in this State. Establishes exemptions to the prohibitions. Provides that the Department of Agriculture shall, within 6 months after the effective date of the Act, adopt rules to implement the Act. Provides that the Department shall, within one year after the effective date of the Act, issue a draft report evaluating whether clear, peer-reviewed, published scientific evidence exists that outdoor applications of these insecticides are safe for monarch butterflies, other pollinators, other beneficial insects, the broader environment, and human health. Provides that a person who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the Director of Agriculture in the performance of his or her official duties under the Act is guilty of a Class A misdemeanor. Provides that a person using physical force against the Director in the performance of his or her official duties under the Act is guilty of a Class 4 felony. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning agriculture.

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

Section 1. Short title. This Act may be cited as the Saving Illinois' Pollinators Act.

Section 5. Definitions. In this Act:

"Department" means the Department of Agriculture.

"Director" means the Director of Agriculture.

"Neonicotinoid insecticides" means a class of systemic pesticides with a common mode of action that affects the central nervous system of insects that includes the following active ingredients: acetamiprid, clothianidin, dinotefuran, imidacloprid, thiacloprid and thiamethoxam, and other new neonicotinoid insecticides as may be identified after the effective date of this Act by rules adopted by the Department.

Section 10. Statement of purpose. The purposes of this Act are: (1) to protect this State's monarch butterflies, other pollinators, insects, birds, and animals from exposure to neonicotinoid insecticides; and (2) to defend and protect this State's agricultural economy and natural ecosystems. This Act shall be liberally construed to fulfill these purposes.

Section 15. Restrictions on use of neonicotinoid insecticides.

(a) Beginning 9 months after the effective date of this Act, it shall be unlawful to apply neonicotinoid insecticides on public lands owned or maintained by this State.

(b) Beginning 9 months after the effective date of this Act, it shall be unlawful to apply neonicotinoid insecticides in other outdoor residential settings, including landscaping, ornamental, or other outdoor applications in this State.

Section 20. Exemptions. Section 15 of this Act shall not apply to: (1) the use of neonicotinoids following the effective date of this Act that were purchased before that date under a reasonable phase-out period to be adopted by the Director by regulation, not to exceed one year; or (2) to a facility or other entity that is State-licensed or federally-licensed to conduct research on neonicotinoid insecticides.

Section 25. Rulemaking. The Department shall, within 6 months after the effective date of this Act, adopt rules to implement Section 15 and 20 of this Act.

Section 30. Study and reevaluation. The Department shall, within one year after the effective date of this Act, issue a draft report evaluating whether clear, peer-reviewed, published scientific evidence exists that outdoor applications of these insecticides are safe for monarch butterflies, other pollinators, other beneficial insects, the broader environment, and human health. The public, including all interested entities, shall be allowed to comment on the draft report. After considering the comments and other relevant information, the Department shall deliver its final evaluation report on that topic to the Governor and to the Chairs of the Senate Committee of Agriculture and the House Committee of Agriculture and Conservation.

Section 35. Enforcement.

(a) Enforcement.

(1) The sampling and examination of pesticides, devices, books and records, and the labeling of pesticides or devices shall be made under the supervision of the Director to determine compliance of this Act. The Director, upon presentation of identification, is authorized to enter a premises at reasonable times during normal working hours in order to have access to pesticides, devices, books and records, and labeling for pesticides or devices.

(A) The Director shall provide a copy of the results of any analysis made of those samples to the owner, operator or agent in charge of the site.

(B) If upon the analysis or examination there appears to be a violation of this Act or any rules adopted, the Director shall cause notice to be given to the owner, operator, or agent in charge and specify administrative proceedings or criminal actions that are contemplated against the person.

(C) In seeking the institution of criminal charges against a violator, the Director shall refer copies of findings or the results of analysis or both, to the prosecuting attorney for the county in which the violation occurred.

(2) To carry out this Act, the Director, upon presentation of identification, is authorized to enter upon public or private premises at reasonable times during normal working hours to:

(A) Investigate or inspect to determine the facts in complaints of pesticide injury, misuse, mishandling, or reported excessive pesticide exposure.

(B) Determine the facts in a pesticide incident reported to the Director, including collecting samples for analysis.

(C) Observe pesticide use and sample the pesticides being applied, as well as the site to which the pesticide is being applied.

(D) To inspect and collect samples in places where pesticides are produced, manufactured, sold, or distributed.

(3) The Director upon being denied access to any land may apply to the court of jurisdiction for a search warrant authorizing access for the purpose of enforcing this Act. The court may upon receiving the request issue a warrant.

(4) The Director, with or without the aid and advice of the court of jurisdiction, is charged with enforcing this Act and any rules adopted. In the event the enforcement agent of local jurisdiction refuses to act on behalf of the Director, the Attorney General may act.

(5) The Director may bring action to enjoin the violation or threatened violation of this Act or any rules adopted in the court of jurisdiction for the county in which the violation occurs or is about to occur.

(6) Nothing in this Act shall be construed as requiring the Director to report minor violations for prosecution or the institution of condemnation proceedings when he or she believes the public interest would be better served by a suitable written notice of warning.

(7) A person who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the Director in the performance of his or her official duties under this Act is guilty of a Class A misdemeanor. A person using physical force against the Director in the performance of his or her official duties under this Act is guilty of a Class 4 felony.

(b) The Attorney General may bring an action to enjoin a violation of this Act in a circuit court of this State.

(c) An injured citizen of this State may, after giving notice of the alleged violation to the Attorney General and the alleged violator and waiting 60 days, bring an action to enjoin a violation of this Act by a person in a court of competent jurisdiction. The court may, in the action, award to a citizen who is a prevailing plaintiff, reasonable attorney's fees and costs incurred in investigating and prosecuting the action, however, the court shall not award monetary damages in the action.

Section 40. Authority of local government. Nothing in this Act shall be construed to prohibit or preempt the authority of a unit of local government in this State to regulate applications of neonicotinoid pesticides in a manner that is equivalent to, or more stringent than this Act.

Section 45. Severability. If any provision of this Act or its application to a person, entity, or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

Section 99. Effective date. This Act takes effect upon becoming law.