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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5 by changing Section 21 as follows: 6 (225 ILCS 235/21) (from Ch. 111 1/2, par. 2221) 7 (Section scheduled to be repealed on January 1, 2007) 8 Sec. 21.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 beguilty 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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