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.


LRB103 34762 LNS 64612 b

 

 

A BILL FOR

 

SB2757LRB103 34762 LNS 64612 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pesticide Act is amended by
5changing Section 3 as follows:
 
6    (415 ILCS 60/3)  (from Ch. 5, par. 803)
7    Sec. 3. Delegation of Authority. The Illinois Department
8of Agriculture shall administer "The Illinois Pesticide Act".
9    1. It shall be the duty of the Department of Agriculture to
10enforce this Act and such provisions of other Acts intended to
11control the registration, purchase, use, storage and disposal
12of pesticides, unless otherwise specified in this Section.
13Also, the Department of Agriculture shall control the purchase
14and use of pesticides pertaining to the production,
15protection, care, storage, or transportation of agricultural
16commodities and to control the use of pesticides applied by
17agricultural equipment. Also, the Department shall establish
18and implement an Agrichemical Facility Response Action Program
19as provided in Section 19.3.
20    2. It shall be the duty of the Department of Public Health
21to enforce such provisions of this Act and other Acts intended
22to control structural pest pesticides, as defined in
23subparagraph 37 of Section 4, of this Act. It shall be the duty

 

 

SB2757- 2 -LRB103 34762 LNS 64612 b

1of the Department of Public Health to enforce such provisions
2of this Act related to vector control, control of pestiferous
3and disease carrying insects, rodents and other animals, and
4control of birds and other mammals that may pose a threat to
5the health of the public.
6    3. It shall be the duty of the Environmental Protection
7Agency to enforce such provisions of this Act and other Acts
8intended to protect and preserve the quality of air, water,
9and guard against unreasonable contamination of land
10resources.
11    4. Neither a home rule unit nor any other political
12subdivision of this State may regulate pesticides in a manner
13that is less restrictive than the regulation of pesticides by
14the State under this Act. This Section is a limitation under
15subsection (i) of Section 6 of Article VII of the Illinois
16Constitution on the concurrent exercise by home rule units of
17powers and functions exercised by the State. The regulation of
18pesticides by any political subdivision of this State,
19including home rule units, is specifically prohibited except
20for counties and municipalities with a population over
212,000,000. The regulation of pesticides under this Act is an
22exclusive power and function of the State, except as provided
23in this paragraph, and is a denial and limitation, under
24Article VII, Section 6, subsection (h) of the Illinois
25Constitution, of the power of a home rule unit to regulate
26pesticides.

 

 

SB2757- 3 -LRB103 34762 LNS 64612 b

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