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1 | AN ACT concerning agriculture.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Saving | ||||||||||||||||||||||||
5 | Illinois' Pollinators Act. | ||||||||||||||||||||||||
6 | Section 5. Definitions. In this Act: | ||||||||||||||||||||||||
7 | "Department" means the Department of Agriculture. | ||||||||||||||||||||||||
8 | "Director" means the Director of Agriculture. | ||||||||||||||||||||||||
9 | "Neonicotinoid insecticides" means a class of systemic | ||||||||||||||||||||||||
10 | pesticides with a common mode of action that affects the | ||||||||||||||||||||||||
11 | central nervous system of insects that includes the following | ||||||||||||||||||||||||
12 | active ingredients: acetamiprid, clothianidin, dinotefuran, | ||||||||||||||||||||||||
13 | imidacloprid, thiacloprid and thiamethoxam, and other new | ||||||||||||||||||||||||
14 | neonicotinoid insecticides as may be identified after the | ||||||||||||||||||||||||
15 | effective date of this Act by rules adopted by the Department.
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16 | Section 10. Statement of purpose.
The purposes of this Act | ||||||||||||||||||||||||
17 | are: (1) to protect this State's monarch butterflies, other | ||||||||||||||||||||||||
18 | pollinators, insects, birds, and animals from exposure to | ||||||||||||||||||||||||
19 | neonicotinoid insecticides; and
(2) to defend and protect this | ||||||||||||||||||||||||
20 | State's agricultural economy and natural ecosystems. This Act | ||||||||||||||||||||||||
21 | shall be liberally construed to fulfill these purposes.
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1 | Section 15. Restrictions on use of neonicotinoid | ||||||
2 | insecticides.
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3 | (a) Beginning 9 months after the effective date of this | ||||||
4 | Act, it shall be unlawful to apply neonicotinoid insecticides | ||||||
5 | on public lands owned or maintained by this State.
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6 | (b) Beginning 9 months after the effective date of this | ||||||
7 | Act, it shall be unlawful to apply neonicotinoid insecticides | ||||||
8 | in other outdoor residential settings, including landscaping, | ||||||
9 | ornamental, or other outdoor applications in this State.
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10 | Section 20. Exemptions. Section 15 of this Act shall not | ||||||
11 | apply to:
(1) the use of neonicotinoids following the effective | ||||||
12 | date of this Act that were purchased before that date under a | ||||||
13 | reasonable phase-out period to be
adopted by the Director by | ||||||
14 | regulation, not to exceed one year; or
(2) to a facility or | ||||||
15 | other entity that is State-licensed or federally-licensed to | ||||||
16 | conduct research on neonicotinoid insecticides.
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17 | Section 25. Rulemaking.
The Department shall, within 6 | ||||||
18 | months after the effective date of this Act, adopt rules to | ||||||
19 | implement Section 15 and 20 of this Act.
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20 | Section 30. Study and reevaluation.
The Department shall, | ||||||
21 | within one year after the effective date of this Act, issue a | ||||||
22 | draft report evaluating whether clear, peer-reviewed, | ||||||
23 | published scientific evidence exists that outdoor applications |
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1 | of these insecticides are safe for monarch butterflies, other | ||||||
2 | pollinators, other beneficial insects, the broader | ||||||
3 | environment, and human health. The public, including all | ||||||
4 | interested entities, shall be allowed to comment on the draft | ||||||
5 | report. After considering the comments and other relevant | ||||||
6 | information, the Department shall deliver its final evaluation | ||||||
7 | report on that topic to the Governor and to the Chairs of the | ||||||
8 | Senate Committee of Agriculture and the House Committee of | ||||||
9 | Agriculture and Conservation.
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10 | Section 35. Enforcement.
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11 | (a) Enforcement.
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12 | (1) The sampling and examination of pesticides, | ||||||
13 | devices, books and records, and the labeling of pesticides | ||||||
14 | or devices shall be made under the supervision of the | ||||||
15 | Director to determine compliance of this Act. The Director, | ||||||
16 | upon presentation of identification, is authorized to | ||||||
17 | enter a premises at reasonable times during normal working | ||||||
18 | hours in order to have access to pesticides, devices, books | ||||||
19 | and records, and labeling for pesticides or devices.
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20 | (A) The Director shall provide a copy of the | ||||||
21 | results of any analysis made of those samples to the | ||||||
22 | owner, operator or agent in charge of the site.
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23 | (B) If upon the analysis or examination there | ||||||
24 | appears to be a violation of this Act or any rules | ||||||
25 | adopted, the Director shall cause notice to be given to |
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1 | the owner, operator, or agent in charge and specify | ||||||
2 | administrative proceedings or criminal actions that | ||||||
3 | are contemplated against the person.
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4 | (C) In seeking the institution of criminal charges | ||||||
5 | against a violator, the Director shall refer copies of | ||||||
6 | findings or the results of analysis or both, to the | ||||||
7 | prosecuting attorney for the county in which the | ||||||
8 | violation occurred.
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9 | (2) To carry out this Act, the Director, upon | ||||||
10 | presentation of identification, is authorized to enter | ||||||
11 | upon public or private premises at reasonable times during | ||||||
12 | normal working hours to:
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13 | (A) Investigate or inspect to determine the facts | ||||||
14 | in complaints of pesticide injury, misuse, | ||||||
15 | mishandling, or reported excessive pesticide exposure.
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16 | (B) Determine the facts in a pesticide incident | ||||||
17 | reported to the Director, including collecting samples | ||||||
18 | for analysis.
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19 | (C) Observe pesticide use and sample the | ||||||
20 | pesticides being applied, as well as the site to which | ||||||
21 | the pesticide is being applied.
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22 | (D) To inspect and collect samples in places where | ||||||
23 | pesticides are produced, manufactured, sold, or | ||||||
24 | distributed.
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25 | (3) The Director upon being denied access to any land | ||||||
26 | may apply to the court of jurisdiction for a search warrant |
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1 | authorizing access for the purpose of enforcing this Act. | ||||||
2 | The court may upon receiving the request issue a warrant.
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3 | (4) The Director, with or without the aid and advice of | ||||||
4 | the court of jurisdiction, is charged with enforcing this | ||||||
5 | Act and any rules adopted. In the event the enforcement | ||||||
6 | agent of local jurisdiction refuses to act on behalf of the | ||||||
7 | Director, the Attorney General may act.
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8 | (5) The Director may bring action to enjoin the | ||||||
9 | violation or threatened violation of this Act or any rules | ||||||
10 | adopted in the court of jurisdiction for the county in | ||||||
11 | which the violation occurs or is about to occur.
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12 | (6) Nothing in this Act shall be construed as requiring | ||||||
13 | the Director to report minor violations for prosecution or | ||||||
14 | the institution of condemnation proceedings when he or she | ||||||
15 | believes the public interest would be better served by a | ||||||
16 | suitable written notice of warning.
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17 | (7) A person who impedes, obstructs, hinders, or | ||||||
18 | otherwise prevents or attempts to prevent the Director in | ||||||
19 | the performance of his or her official duties under this | ||||||
20 | Act is guilty of a Class A misdemeanor. A person using | ||||||
21 | physical force against the Director in the performance of | ||||||
22 | his or her official duties under this Act is guilty of a | ||||||
23 | Class 4 felony.
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24 | (b) The Attorney General may bring an action to enjoin a | ||||||
25 | violation of this Act in a circuit court of this State.
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26 | (c) An injured citizen of this State may, after giving |
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1 | notice of the alleged violation to the Attorney General and the | ||||||
2 | alleged violator and waiting 60 days, bring an action to enjoin | ||||||
3 | a violation of this Act by a person in a court of competent | ||||||
4 | jurisdiction. The court may, in the action, award to a citizen | ||||||
5 | who is a prevailing plaintiff, reasonable attorney's fees and | ||||||
6 | costs incurred in investigating and prosecuting the action, | ||||||
7 | however, the court shall not award monetary damages in the | ||||||
8 | action.
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9 | Section 40. Authority of local government.
Nothing in this | ||||||
10 | Act shall be construed to prohibit or preempt the authority of | ||||||
11 | a unit of local government in this State to regulate | ||||||
12 | applications of neonicotinoid pesticides in a manner that is | ||||||
13 | equivalent to, or more stringent than this Act.
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14 | Section 45. Severability.
If any provision of this Act or | ||||||
15 | its application to a person, entity, or circumstance is held | ||||||
16 | invalid, the invalidity does not affect other provisions or | ||||||
17 | applications of this Act which can be given effect without the | ||||||
18 | invalid provision or application, and to this end the | ||||||
19 | provisions of this Act are severable.
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
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