093_HB0548

 
                                     LRB093 05512 AMC 05603 b

 1        AN ACT concerning pest control.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Structural Pest Control Act is amended by
 5    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 7        (Section scheduled to be repealed on January 1, 2007)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:

22        (415 ILCS 60/24) (from Ch. 5, par. 824)
23        Sec. 24.  Criminal Penalties.
24        1.  Except as otherwise provided  in  this  Section,  any
25    person  violating  any  provisions of this Act or regulations
26    adopted  thereunder  is  shall  be  guilty  of  a   Class   A
27    misdemeanor with a fine of not less than $5,000.
28        2.  A  retailer  convicted  of  distributing or selling a
29    pesticide not registered with the United States Environmental
 
                            -2-      LRB093 05512 AMC 05603 b
 1    Protection Agency and the Illinois Department of  Agriculture
 2    shall  be  guilty of a Class A misdemeanor with a fine of not
 3    less than $5,000.   A  retailer  convicted  of  a  second  or
 4    subsequent  violation  of distributing or selling a pesticide
 5    not  registered  with   the   United   States   Environmental
 6    Protection  Agency and the Illinois Department of Agriculture
 7    shall be guilty of a Class 4 felony.   For  the  purposes  of
 8    this   Section,  "retailer"  means  a  person  who  transfers
 9    ownership of or title to pesticides to a purchaser for use.
10        3.  A wholesaler who distributes or sells a pesticide not
11    registered with the United  States  Environmental  Protection
12    Agency  and  the  Illinois Department of Agriculture shall be
13    guilty of a Class 4 felony for a first offense and  shall  be
14    guilty  of  a  Class  3  felony  for  a  second or subsequent
15    offense. For the purposes of this Section, "wholesaler" means
16    a person who sells or distributes pesticides to a retailer.
17    (Source: P.A. 85-177.)

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.