Full Text of SB3565 98th General Assembly
SB3565 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3565 Introduced 2/14/2014, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
| 415 ILCS 60/3 | from Ch. 5, par. 803 |
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Amends the Illinois Pesticide Act. Provides that the regulation of pesticides by any political subdivision of this State, including home rule units, is specifically prohibited except for counties with a population over 2,000,000 and municipalities entirely within Cook County with a population over 50,000.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pesticide Act is amended by | 5 | | changing Section 3 as follows:
| 6 | | (415 ILCS 60/3) (from Ch. 5, par. 803)
| 7 | | Sec. 3. Delegation of Authority. The Illinois Department of | 8 | | Agriculture
shall administer "The Illinois Pesticide Act".
| 9 | | 1. It shall be the duty of the Department of Agriculture to | 10 | | enforce this
Act and such provisions of other Acts intended to | 11 | | control the
registration, purchase, use, storage and disposal
| 12 | | of pesticides, unless otherwise specified in this Section. | 13 | | Also, the
Department of Agriculture shall control the purchase | 14 | | and use
of pesticides pertaining to the production, protection, | 15 | | care, storage, or
transportation of agricultural commodities | 16 | | and to control the use of pesticides
applied by agricultural | 17 | | equipment.
Also, the Department shall establish and implement | 18 | | an Agrichemical Facility
Response Action Program as provided in | 19 | | Section 19.3.
| 20 | | 2. It shall be the duty of the Department of Public Health | 21 | | to enforce
such provisions of this Act and other Acts intended | 22 | | to control structural
pest pesticides, as defined in | 23 | | subparagraph 37 of Section 4, of this Act.
It shall be the duty |
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| 1 | | of the Department of Public Health to enforce such
provisions | 2 | | of this Act related to vector control, control of pestiferous
| 3 | | and disease carrying insects, rodents and other animals, and | 4 | | control of
birds and other mammals that may pose a threat to | 5 | | the health of the public.
| 6 | | 3. It shall be the duty of the Environmental Protection | 7 | | Agency to enforce
such provisions of this Act and other Acts | 8 | | intended to protect and preserve
the quality of air, water, and | 9 | | guard against unreasonable contamination
of land resources.
| 10 | | 4. The regulation of pesticides by any political | 11 | | subdivision of this
State, including home rule units, is | 12 | | specifically prohibited except for
counties and municipalities | 13 | | with a population over 2,000,000 and municipalities entirely | 14 | | within Cook County with a population over 50,000 . The | 15 | | regulation
of pesticides under this Act is an exclusive power | 16 | | and function of the State,
except as provided in this | 17 | | paragraph, and is a denial and limitation, under
Article VII, | 18 | | Section 6, subsection (h) of the Illinois Constitution, of the
| 19 | | power of a home rule unit to regulate pesticides.
| 20 | | (Source: P.A. 89-94, eff. 7-6-95.)
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