Illinois General Assembly - Full Text of HB5900
Illinois General Assembly

Previous General Assemblies

Full Text of HB5900  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Will Guzzardi


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 any neonicotinoid insecticides on any public lands owned or maintained by Illinois. Provides that beginning 9 months after the effective date of the Act, it shall be unlawful to apply neonicotinoid insecticides in any other outdoor residential settings, including landscaping, ornamental, or other outdoor applications in Illinois. Establishes exemptions to the prohibitions. Provides that the Department of Agriculture shall, within 6 months after the effective date of the Act, adopt rules further defining and implementing specified provisions of the Act. Provides that the Department shall, within one year after the effective date of this Act, issue a draft report evaluating whether clear, peer-reviewed, published scientific evidence exists that outdoor applications of these insecticides are safe for honey bees, other pollinators, other beneficial insects, the broader environment, and human health. Effective immediately.

LRB099 18535 MGM 42914 b






HB5900LRB099 18535 MGM 42914 b

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. Findings.
7    (a) Pollination services, including by honey bees and
8numerous other pollinators, are a vital part of agricultural
9production in Illinois.
10    (b) One-third of food produced in North America depends on
11pollination by honey bees, including nearly 95 varieties of
12fruits and other foods of high nutritional value to all of
13Illinois' citizens. In Illinois, bees provide pollination for
14red clover, alfalfa, apple trees, cranberries, and more. These
15crops must be pollinated by bees to produce fruit or seed.
16    (c) Over the past several years, documented incidents of
17colony collapse disorder and excessive honey bee mortality have
18been at a record high, with some beekeepers losing large
19portions of their operations and suffering reduced production
20of their valuable honey. Illinois saw a dramatic 62.4% loss of
21honey bee colonies in 2014-2015.
22    (d) Scientists have linked the use of systemic
23neonicotinoid insecticides to the rapid decline of honey bees



HB5900- 2 -LRB099 18535 MGM 42914 b

1and other pollinators and to the deterioration of pollinator
2health. This class of insecticides damages the central nervous
3system of insects, causing tremors, paralysis, and death at
4very low doses. They are systemic insecticides, meaning they
5are absorbed into treated plants and distributed throughout
6their vascular systems. As a result, treating a plant or
7coating a seed with neonicotinoids can render parts of the
8plant, including the roots, leaves, stems, flowers, nectar,
9pollen, and guttation fluid, toxic to insects. They are
10persistent in soil and easily transported via air, dust, and
12    (e) Neonicotinoid insecticides cause sublethal effects
13including impaired foraging and feeding behavior,
14disorientation, weakened immunity, delayed larval development,
15and increased susceptibility to viruses, diseases, and
16parasites and numerous studies have also demonstrated acute,
17lethal effects from the application of these toxins. They have
18also been found to kill or weaken beneficial invertebrates,
19birds, and other wildlife, through direct and indirect effects.
20    (f) Bumblebees, beneficial insects of all kinds, and whole
21food chains of aquatic invertebrates, insects, birds, bats and
22other pollinators in Illinois are at risk from environmental
23contamination by highly-persistent neonicotinoids. In
24Illinois, 5 species of bat (Rafinesque's Big-eared Bat, Gray
25Bat, Indiana Bat, Eastern Small-footed Bat, and Northern
26Long-eared Bat) are already listed as threatened or endangered



HB5900- 3 -LRB099 18535 MGM 42914 b

1and may be harmed by neonicotinoid use in the state.
2Additionally, 7 species of butterfly, one species of dragonfly,
3and more than 30 species of bird are also threatened or
4endangered and could be at risk from neonicotinoids.
5    (g) Scientists have also found that the use of
6neonicotinoids in seed treatment is harmful to birds. Recent
7science has demonstrated that consumption of a single corn
8kernel coated with a neonicotinoid is toxic enough to kill a
9medium-sized songbird. Illinois is home of a diverse array of
10birds including the American goldfinch, Eastern bluebird, and
11red-winged blackbirds, all of which could be at risk from the
12use of neonicotinoids.
13    (h) In 2013, the European Union voted to suspend use of 3
14major neonicotinoids (imidacloprid, clothianidin, and
15thiamethoxam) on certain agricultural crops pending a review of
16their safety. Other U.S. States, such as New York, have
17restricted some neonicotinoid uses to address their risks.
18    Section 10. Definitions. As used in this Act:
19    "Neonicotinoid insecticides" means a class of systemic
20pesticides with a common mode of action that affects the
21central nervous system of insects that includes the following
22active ingredients: acetamiprid, clothianidin, dinotefuran,
23imidacloprid, thiacloprid and thiamethoxam, and such other new
24neonicotinoid insecticides as may be identified after the
25effective date of this Act by rules adopted by the Department



HB5900- 4 -LRB099 18535 MGM 42914 b

1of Agriculture.
2    Section 15. Statement of purpose. The purposes of this Act
3are: (1) to protect Illinois' honey bees, native bees, other
4pollinators, insects, birds, and animals from exposure to
5neonicotinoid insecticides; and (2) to defend and protect
6Illinois' agricultural economy and natural ecosystems. This
7Act shall be liberally construed to fulfill these purposes.
8    Section 20. Restrictions on use of neonicotinoid
10    (a) Beginning 9 months after the effective date of this
11Act, it shall be unlawful to apply any neonicotinoid
12insecticides on any public lands owned or maintained by
14    (b) Beginning 9 months after the effective date of this
15Act, it shall be unlawful to apply neonicotinoid insecticides
16in any other outdoor residential settings, including
17landscaping, ornamental, or other outdoor applications in
19    Section 25. Exemptions. The provisions of Section 20 of
20this Act shall not apply to: (1) the use of neonicotinoids
21following the effective date of this Act that were purchased
22before that date pursuant to a reasonable phase-out period to
23be adopted by the Director of Agriculture by regulation, not to



HB5900- 5 -LRB099 18535 MGM 42914 b

1exceed one year; or (2) to any facility or other entity that is
2State-licensed or federally-licensed to conduct research on
3neonicotinoid insecticides.
4    Section 30. Rulemaking. The Department of Agriculture
5shall, within 6 months after the effective date of this Act,
6adopt rules further defining and implementing the provisions of
7Sections 20 and 25 of this Act.
8    Section 35. Study and reevaluation. The Department of
9Agriculture shall, within one year after the effective date of
10this Act, issue a draft report evaluating whether clear,
11peer-reviewed, published scientific evidence exists that
12outdoor applications of these insecticides are safe for honey
13bees, other pollinators, other beneficial insects, the broader
14environment, and human health. The public, including all
15interested entities, then shall be allowed to comment on the
16draft report. After considering the comments and any other
17relevant information, the Department shall deliver its final
18evaluation report on that topic to the Governor and to the
19Chairs of the Senate Committee of Agriculture and the House
20Committee of Agriculture and Conservation.
21    Section 40. Enforcement.
22    (a) Enforcement.
23        (1) The sampling and examination of pesticides,



HB5900- 6 -LRB099 18535 MGM 42914 b

1    devices, books and records, and the labeling of pesticides
2    or devices shall be made under the supervision of the
3    Director for the purposes of determining compliance with
4    provisions of this Act. The Director, upon presentation of
5    identification, is authorized to enter a premises at
6    reasonable times during normal working hours in order to
7    have access to pesticides, devices, books and records, and
8    labeling for pesticides or devices.
9            (A) The Director shall provide a copy of the
10        results of any analysis made of those samples to the
11        owner, operator or agent in charge of the site.
12            (B) If upon the analysis or examination there
13        appears to be a violation of provisions of this Act or
14        regulations adopted thereunder, the Director shall
15        cause notice to be given to the owner, operator or
16        agent in charge and specify any administrative
17        proceedings or criminal actions that are contemplated
18        against such person.
19            (C) In seeking the institution of criminal charges
20        against a violator, the Director shall refer copies of
21        findings or the results of analysis or both, to the
22        prosecuting attorney for the county in which the
23        violation occurred.
24        (2) For the purpose of carrying out the provisions of
25    this Act the Director, upon presentation of
26    identification, is authorized to enter upon public or



HB5900- 7 -LRB099 18535 MGM 42914 b

1    private premises at reasonable times during normal working
2    hours in order to:
3            (A) Investigate or inspect to determine the facts
4        in complaints of pesticide injury, mis-use,
5        mis-handling, or reported excessive pesticide
6        exposure.
7            (B) Determine the facts in any pesticide incident
8        reported to him, including collecting samples for
9        analysis.
10            (C) Observe pesticide use and sample the
11        pesticides being applied, as well as the site to which
12        the pesticide is being applied.
13            (D) To inspect and collect samples in any place
14        where pesticides are produced, manufactured, sold or
15        distributed.
16        (3) The Director upon being denied access to any land
17    may apply to the court of jurisdiction for a search warrant
18    authorizing such access for purpose of carrying out
19    provision of this Act. The court may upon receiving the
20    request issue such warrant.
21        (4) The Director, with or without the aid and advice of
22    the court of jurisdiction, is charged with enforcing the
23    requirements of this Act and rules adopted hereunder. In
24    the event the enforcement agent of local jurisdiction
25    refuses to act on behalf of the Director, the Attorney
26    General may so act.



HB5900- 8 -LRB099 18535 MGM 42914 b

1        (5) The Director may bring action to enjoin the
2    violation or threatened violation of any provision of this
3    Act or regulation adopted thereunder in the court of
4    jurisdiction for the county in which such occurs or is
5    about to occur.
6        (6) Nothing in this Act shall be construed as requiring
7    the Director to report minor violations for prosecution or
8    the institution of condemnation proceedings when he
9    believes the public interest would be better served by a
10    suitable written notice of warning.
11        (7) Any person who impedes, obstructs, hinders or
12    otherwise prevents or attempts to prevent the Director in
13    the performance of official duties is guilty of a Class A
14    misdemeanor. Any person using physical force against the
15    Director in the performance of official duties is guilty of
16    a Class 4 felony.
17    (b) The Attorney General may bring an action to enjoin a
18violation of this Act in any circuit court of this State.
19    (c) Any injured citizen of Illinois may, after giving
20notice of the alleged violation to the Attorney General and the
21alleged violator and waiting 60 days, bring an action to enjoin
22a violation of this Act by any person in any court of competent
23jurisdiction. The court may, in the action, award to a citizen
24who is a prevailing plaintiff reasonable attorney's fees and
25costs incurred in investigating and prosecuting the action,
26however, the court may not award monetary damages in the



HB5900- 9 -LRB099 18535 MGM 42914 b

2    Section 45. Authority of local government. Nothing in this
3Act shall be construed to prohibit or preempt the authority of
4a unit of local government in Illinois to regulate applications
5of neonicotinoid pesticides in a manner that is equivalent to,
6or more stringent than, the provisions contained in this Act.
7    Section 50. Severability. If any provision of this Act or
8the application thereof to any person, entity, or circumstance
9is held invalid, the invalidity does not affect other
10provisions or applications of this Act which can be given
11effect without the invalid provision or application, and to
12this end the provisions of this Act are severable.
13    Section 99. Effective date. This Act takes effect upon
14becoming law.