State of Illinois
92nd General Assembly
Legislation

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92_HB4942ham001

 










                                           LRB9211513ACdvam01

 1                    AMENDMENT TO HOUSE BILL 4942

 2        AMENDMENT NO.     .  Amend House Bill 4942  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 7        (Section scheduled to be repealed on January 1, 2007)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-            LRB9211513ACdvam01
 1        (415 ILCS 60/24) (from Ch. 5, par. 824)
 2        Sec. 24.  Criminal Penalties.
 3        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        2.  A  retailer  convicted  of  distributing or selling a
 8    pesticide not registered with the United States Environmental
 9    Protection Agency and the Illinois Department of  Agriculture
10    shall  be  guilty of a Class A misdemeanor with a fine of not
11    less than $5,000.   A  retailer  convicted  of  a  second  or
12    subsequent  violation  of distributing or selling a pesticide
13    not  registered  with   the   United   States   Environmental
14    Protection  Agency and the Illinois Department of Agriculture
15    shall be guilty of a Class 4 felony.   For  the  purposes  of
16    this   Section,  "retailer"  means  a  person  who  transfers
17    ownership of or title to pesticides to a purchaser for use.
18        3.  A wholesaler who distributes or sells a pesticide not
19    registered with the United  States  Environmental  Protection
20    Agency  and  the  Illinois Department of Agriculture shall be
21    guilty of a Class 4 felony for a first offense and  shall  be
22    guilty  of  a  Class  3  felony  for  a  second or subsequent
23    offense. For the purposes of this Section, "wholesaler" means
24    a person who sells or distributes pesticides to a retailer.
25    (Source: P.A. 85-177.)

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

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