093_HB0548ham001

 










                                     LRB093 05512 AMC 11652 a

 1                     AMENDMENT TO HOUSE BILL 548

 2        AMENDMENT NO.     .  Amend House Bill  548  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The Structural Pest Control Act is amended
 5    by changing Section 21 as follows:

 6        (225 ILCS 235/21) (from Ch. 111 1/2, par. 2221)
 7        (Section scheduled to be repealed on January 1, 2007)
 8        Sec. 21.  Penalty).  Any person who violates this Act  or
 9    any  rule  or  regulation  adopted  by the Department, or who
10    violates any determination or order of the  Department  under
11    this  Act  shall be guilty of a Class A misdemeanor and shall
12    be fined a sum not less than $100.  A person convicted  of  a
13    second  or  subsequent violation of subsections (a) or (f) of
14    Section 4 of this Act is guilty of a Class 4 felony.
15        Each day's violation constitutes a separate offense.  The
16    State's  Attorney  of  the  county  in  which  the  violation
17    occurred or the Attorney General shall bring such actions  in
18    the name of the people of the State of Illinois.
19    (Source: P.A. 82-725.)

20        Section  10.   The  Illinois  Pesticide Act is amended by
21    changing Section 24 as follows:
 
                            -2-      LRB093 05512 AMC 11652 a
 1        (415 ILCS 60/24) (from Ch. 5, par. 824)
 2        Sec. 24.  Criminal Penalties.
 3        (a) 1.  Except as otherwise provided in this Section, any
 4    person violating any provisions of this  Act  or  regulations
 5    adopted   thereunder   is  shall  be  guilty  of  a  Class  A
 6    misdemeanor with a fine of not less than $5,000.
 7        (b)  A retailer convicted of distributing  or  selling  a
 8    pesticide  that  has  never  been  registered with the United
 9    States Environmental Protection Agency shall be guilty  of  a
10    Class  A  misdemeanor with a fine of not less than $5,000.  A
11    retailer convicted of a second  or  subsequent  violation  of
12    distributing  or  selling  a  pesticide  that  has never been
13    registered with the United  States  Environmental  Protection
14    Agency shall be guilty of a Class 4 felony.  For the purposes
15    of  this  Section,  "retailer"  means  a person who transfers
16    ownership of or title to pesticides to a  purchaser  for  use
17    and  who  is  not certified under the Structural Pest Control
18    Act.
19        (c)  A wholesaler who distributes or  sells  a  pesticide
20    that  has  never  been  registered  with  the  United  States
21    Environmental  Protection Agency shall be guilty of a Class 4
22    felony for a first offense and shall be guilty of a  Class  3
23    felony  for  a second or subsequent offense. For the purposes
24    of this Section, "wholesaler" means a  person  who  sells  or
25    distributes pesticides to a retailer.
26    (Source: P.A. 85-177.)

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