093_HB0548ham003











                                     LRB093 05512 AMC 13469 a

 1                     AMENDMENT TO HOUSE BILL 548

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

 5        "Section  5.   The  Illinois  Pesticide Act is amended by
 6    changing Section 24 as follows:

 7        (415 ILCS 60/24) (from Ch. 5, par. 824)
 8        Sec. 24.  Criminal Penalties.
 9        (a) 1.  Except as otherwise provided in this Section, any
10    person violating any provisions of this  Act  or  regulations
11    adopted   thereunder   is  shall  be  guilty  of  a  Class  A
12    misdemeanor with a fine of not less than $5,000.
13        (b)  A retailer convicted of distributing  or  selling  a
14    pesticide  that  has  never been registered with or for which
15    the registration has  been  cancelled  or  suspended  by  the
16    United States Environmental Protection Agency shall be guilty
17    of a Class A misdemeanor with a fine of not less than $5,000.
18    A  retailer  convicted of a second or subsequent violation of
19    distributing or selling  a  pesticide  that  has  never  been
20    registered  with  or  for  which  the  registration  has been
21    cancelled or suspended by  the  United  States  Environmental
22    Protection  Agency  shall be guilty of a Class 4 felony.  For
 
                            -2-      LRB093 05512 AMC 13469 a
 1    the purposes of this Section, "retailer" means a  person  who
 2    transfers  ownership of or title to pesticides to a purchaser
 3    for use and who is not certified under  the  Structural  Pest
 4    Control Act.
 5        (c)  A  wholesaler  who  distributes or sells a pesticide
 6    that  has  never  been  registered  with  or  for  which  the
 7    registration has been cancelled or suspended  by  the  United
 8    States  Environmental  Protection Agency shall be guilty of a
 9    Class 4 felony for a first offense and shall be guilty  of  a
10    Class  3  felony  for a second or subsequent offense. For the
11    purposes of this Section, "wholesaler"  means  a  person  who
12    sells or distributes pesticides to a retailer.
13    (Source: P.A. 85-177.)

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