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.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning agriculture.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Saving
5Illinois' Pollinators Act.
 
6    Section 5. Definitions. In this Act:
7    "Department" means the Department of Agriculture.
8    "Director" means the Director of Agriculture.
9    "Neonicotinoid insecticides" means a class of systemic
10pesticides with a common mode of action that affects the
11central nervous system of insects that includes the following
12active ingredients: acetamiprid, clothianidin, dinotefuran,
13imidacloprid, thiacloprid and thiamethoxam, and other new
14neonicotinoid insecticides as may be identified after the
15effective date of this Act by rules adopted by the Department.
 
16    Section 10. Statement of purpose. The purposes of this Act
17are: (1) to protect this State's monarch butterflies, other
18pollinators, insects, birds, and animals from exposure to
19neonicotinoid insecticides; and (2) to defend and protect this
20State's agricultural economy and natural ecosystems. This Act
21shall be liberally construed to fulfill these purposes.
 

 

 

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1    Section 15. Restrictions on use of neonicotinoid
2insecticides.
3    (a) Beginning 9 months after the effective date of this
4Act, it shall be unlawful to apply neonicotinoid insecticides
5on public lands owned or maintained by this State.
6    (b) Beginning 9 months after the effective date of this
7Act, it shall be unlawful to apply neonicotinoid insecticides
8in other outdoor residential settings, including landscaping,
9ornamental, or other outdoor applications in this State.
 
10    Section 20. Exemptions. Section 15 of this Act shall not
11apply to: (1) the use of neonicotinoids following the effective
12date of this Act that were purchased before that date under a
13reasonable phase-out period to be adopted by the Director by
14regulation, not to exceed one year; or (2) to a facility or
15other entity that is State-licensed or federally-licensed to
16conduct research on neonicotinoid insecticides.
 
17    Section 25. Rulemaking. The Department shall, within 6
18months after the effective date of this Act, adopt rules to
19implement Section 15 and 20 of this Act.
 
20    Section 30. Study and reevaluation. The Department shall,
21within one year after the effective date of this Act, issue a
22draft report evaluating whether clear, peer-reviewed,
23published scientific evidence exists that outdoor applications

 

 

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1of these insecticides are safe for monarch butterflies, other
2pollinators, other beneficial insects, the broader
3environment, and human health. The public, including all
4interested entities, shall be allowed to comment on the draft
5report. After considering the comments and other relevant
6information, the Department shall deliver its final evaluation
7report on that topic to the Governor and to the Chairs of the
8Senate Committee of Agriculture and the House Committee of
9Agriculture and Conservation.
 
10    Section 35. Enforcement.
11    (a) Enforcement.
12        (1) The sampling and examination of pesticides,
13    devices, books and records, and the labeling of pesticides
14    or devices shall be made under the supervision of the
15    Director to determine compliance of this Act. The Director,
16    upon presentation of identification, is authorized to
17    enter a premises at reasonable times during normal working
18    hours in order to have access to pesticides, devices, books
19    and records, and labeling for pesticides or devices.
20            (A) The Director shall provide a copy of the
21        results of any analysis made of those samples to the
22        owner, operator or agent in charge of the site.
23            (B) If upon the analysis or examination there
24        appears to be a violation of this Act or any rules
25        adopted, the Director shall cause notice to be given to

 

 

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1        the owner, operator, or agent in charge and specify
2        administrative proceedings or criminal actions that
3        are contemplated against the person.
4            (C) In seeking the institution of criminal charges
5        against a violator, the Director shall refer copies of
6        findings or the results of analysis or both, to the
7        prosecuting attorney for the county in which the
8        violation occurred.
9        (2) To carry out this Act, the Director, upon
10    presentation of identification, is authorized to enter
11    upon public or private premises at reasonable times during
12    normal working hours to:
13            (A) Investigate or inspect to determine the facts
14        in complaints of pesticide injury, misuse,
15        mishandling, or reported excessive pesticide exposure.
16            (B) Determine the facts in a pesticide incident
17        reported to the Director, including collecting samples
18        for analysis.
19            (C) Observe pesticide use and sample the
20        pesticides being applied, as well as the site to which
21        the pesticide is being applied.
22            (D) To inspect and collect samples in places where
23        pesticides are produced, manufactured, sold, or
24        distributed.
25        (3) The Director upon being denied access to any land
26    may apply to the court of jurisdiction for a search warrant

 

 

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1    authorizing access for the purpose of enforcing this Act.
2    The court may upon receiving the request issue a warrant.
3        (4) The Director, with or without the aid and advice of
4    the court of jurisdiction, is charged with enforcing this
5    Act and any rules adopted. In the event the enforcement
6    agent of local jurisdiction refuses to act on behalf of the
7    Director, the Attorney General may act.
8        (5) The Director may bring action to enjoin the
9    violation or threatened violation of this Act or any rules
10    adopted in the court of jurisdiction for the county in
11    which the violation occurs or is about to occur.
12        (6) Nothing in this Act shall be construed as requiring
13    the Director to report minor violations for prosecution or
14    the institution of condemnation proceedings when he or she
15    believes the public interest would be better served by a
16    suitable written notice of warning.
17        (7) A person who impedes, obstructs, hinders, or
18    otherwise prevents or attempts to prevent the Director in
19    the performance of his or her official duties under this
20    Act is guilty of a Class A misdemeanor. A person using
21    physical force against the Director in the performance of
22    his or her official duties under this Act is guilty of a
23    Class 4 felony.
24    (b) The Attorney General may bring an action to enjoin a
25violation of this Act in a circuit court of this State.
26    (c) An injured citizen of this State may, after giving

 

 

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1notice of the alleged violation to the Attorney General and the
2alleged violator and waiting 60 days, bring an action to enjoin
3a violation of this Act by a person in a court of competent
4jurisdiction. The court may, in the action, award to a citizen
5who is a prevailing plaintiff, reasonable attorney's fees and
6costs incurred in investigating and prosecuting the action,
7however, the court shall not award monetary damages in the
8action.
 
9    Section 40. Authority of local government. Nothing in this
10Act shall be construed to prohibit or preempt the authority of
11a unit of local government in this State to regulate
12applications of neonicotinoid pesticides in a manner that is
13equivalent to, or more stringent than this Act.
 
14    Section 45. Severability. If any provision of this Act or
15its application to a person, entity, or circumstance is held
16invalid, the invalidity does not affect other provisions or
17applications of this Act which can be given effect without the
18invalid provision or application, and to this end the
19provisions of this Act are severable.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.