Full Text of SB2395 102nd General Assembly
SB2395enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning fish.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | (20 ILCS 205/205-60 rep.) | 5 | | Section 5. The Civil Administrative Code of Illinois is | 6 | | amended by repealing Section 205-60.
| 7 | | (20 ILCS 215/Act rep.)
| 8 | | Section 10. The Aquaculture Development Act is repealed. | 9 | | Section 15. The Illinois Municipal Code is amended by | 10 | | changing Section 11-15.4-5 as follows: | 11 | | (65 ILCS 5/11-15.4-5) | 12 | | Sec. 11-15.4-5. Definitions. As used in this Division: | 13 | | "Agricultural product" means an agricultural, | 14 | | horticultural, viticultural, aquacultural, or vegetable | 15 | | product, either in its natural or processed state, that has | 16 | | been produced, processed, or otherwise had value added to it | 17 | | in this State. "Agricultural product" includes, but is not | 18 | | limited to, growing of grapes that will be processed into | 19 | | wine; bees; honey; fish or other aquacultural product; | 20 | | planting seed; livestock or livestock product; forestry | 21 | | product; and poultry or poultry product. |
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| 1 | | "Aquaculture" means the controlled propagation, growth and | 2 | | harvest of aquatic organisms, including but not limited to | 3 | | fish, shellfish, mollusks, crustaceans, algae and other | 4 | | aquatic plants, by an aquaculturist and "aquatic products" | 5 | | have the meanings given to those terms in Section 4 of the | 6 | | Aquaculture Development Act . | 7 | | "Aquatic products" means any aquatic plants and animals or | 8 | | their by-products that are produced, grown, managed, harvested | 9 | | and marketed on an annual, semi-annual, biennial or short-term | 10 | | basis, in permitted aquaculture facilities. | 11 | | "Department" means the Department of Agriculture. | 12 | | "Livestock" means cattle; calves; sheep; swine; ratite | 13 | | birds, including, but not limited to, ostrich and emu; aquatic | 14 | | products obtained through aquaculture; llamas; alpaca; | 15 | | buffalo; elk documented as obtained from a legal source and | 16 | | not from the wild; goats; horses and other equines; or rabbits | 17 | | raised in confinement for human consumption. | 18 | | "Locally grown" means a product that was grown or raised | 19 | | in the same county or adjoining county in which the urban | 20 | | agricultural area is located. | 21 | | "Partner organization" means a nonprofit organization that | 22 | | meets standards set forth by Section 501(c)(3) of the Internal | 23 | | Revenue Code and whose mission includes supporting small, | 24 | | beginning, limited resource, or socially-disadvantaged farmers | 25 | | within municipalities. | 26 | | "Poultry" means any domesticated bird intended for human |
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| 1 | | consumption. | 2 | | "Qualifying farmer" means an individual or entity that | 3 | | meets at least one of the following: | 4 | | (1) is a small or medium sized farmer; | 5 | | (2) is a beginning farmer; | 6 | | (3) is a limited resource farmer; or | 7 | | (4) is a socially-disadvantaged farmer. | 8 | | "Small or medium sized farmer", "beginning farmer", | 9 | | "limited resource farmer", and "socially-disadvantaged farmer" | 10 | | have the meanings given to those terms in rules adopted by the | 11 | | Department as provided in Section 205-65 of the Department of | 12 | | Agriculture Law. | 13 | | "Urban agricultural area" means an area defined by a | 14 | | municipality and entirely within that municipality's | 15 | | boundaries within which one or more qualifying farmers are | 16 | | processing, growing, raising, or otherwise producing | 17 | | locally-grown agricultural products.
| 18 | | (Source: P.A. 100-1133, eff. 1-1-19.) | 19 | | Section 20. The Illinois Pesticide Act is amended by | 20 | | changing Section 4 as follows:
| 21 | | (415 ILCS 60/4) (from Ch. 5, par. 804)
| 22 | | Sec. 4. Definitions. As used in this Act:
| 23 | | 1. "Director" means Director of the Illinois Department of
| 24 | | Agriculture or his authorized representative.
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| 1 | | 2. "Active Ingredient" means any ingredient which will | 2 | | prevent,
destroy, repel, control or mitigate a pest or which | 3 | | will act as a plant
regulator, defoliant or desiccant.
| 4 | | 3. "Adulterated" shall apply to any pesticide if the | 5 | | strength or
purity is not within the standard of quality | 6 | | expressed on the labeling
under which it is sold, distributed | 7 | | or used, including any substance
which has been substituted | 8 | | wholly or in part for the pesticide as
specified on the | 9 | | labeling under which it is sold, distributed or used,
or if any | 10 | | valuable constituent of the pesticide has been wholly or in
| 11 | | part abstracted.
| 12 | | 4. "Agricultural Commodity" means produce of the land | 13 | | including but
not limited to plants and plant parts, livestock | 14 | | and poultry and
livestock or poultry products, seeds, sod, | 15 | | shrubs and other products of
agricultural origin including the | 16 | | premises necessary to and used
directly in agricultural | 17 | | production.
Agricultural commodity also includes aquatic | 18 | | products , including any aquatic plants and animals or their | 19 | | by-products that are produced, grown, managed, harvested and | 20 | | marketed on an annual, semi-annual, biennial or short-term | 21 | | basis, in permitted aquaculture facilities as defined in the
| 22 | | Aquaculture Development Act .
| 23 | | 5. "Animal" means all vertebrate and invertebrate species | 24 | | including,
but not limited to, man and other mammals, bird, | 25 | | fish, and shellfish.
| 26 | | 6. "Beneficial Insects" means those insects which during |
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| 1 | | their life
cycle are effective pollinators of plants, | 2 | | predators of pests or are
otherwise beneficial.
| 3 | | 7. "Certified applicator".
| 4 | | A. "Certified applicator" means any individual who is | 5 | | certified
under this Act to purchase, use, or supervise | 6 | | the use of pesticides
which are classified for restricted | 7 | | use.
| 8 | | B. "Private applicator" means a certified applicator | 9 | | who purchases,
uses, or supervises the use of any | 10 | | pesticide classified for restricted
use, for the purpose | 11 | | of producing any agricultural commodity on property
owned, | 12 | | rented, or otherwise controlled by him or his employer, or
| 13 | | applied to other property if done without compensation | 14 | | other than
trading of personal services between no more | 15 | | than 2 producers of
agricultural commodities.
| 16 | | C. "Licensed Commercial Applicator" means a certified | 17 | | applicator,
whether or not he is a private applicator with | 18 | | respect to some uses, who
owns or manages a business that | 19 | | is engaged in applying pesticides,
whether classified for | 20 | | general or restricted use, for hire. The term
also applies | 21 | | to a certified applicator who uses or supervises the use | 22 | | of
pesticides, whether classified for general or | 23 | | restricted use, for any
purpose or on property of others | 24 | | excluding those specified by
subparagraphs 7 (B), (D), (E) | 25 | | of Section 4 of this Act.
| 26 | | D. "Commercial Not For Hire Applicator" means a |
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| 1 | | certified applicator
who uses or supervises the use of | 2 | | pesticides classified for general or
restricted use for | 3 | | any purpose on property of an employer when such
activity | 4 | | is a requirement of the terms of employment and such
| 5 | | application of pesticides under this certification is | 6 | | limited to
property under the control of the employer only | 7 | | and includes, but is not
limited to, the use or | 8 | | supervision of
the use of pesticides in a greenhouse | 9 | | setting. "Commercial Not For Hire Applicator" also | 10 | | includes a certified applicator who uses or supervises the | 11 | | use of pesticides classified for general or restricted use | 12 | | as an employee of a state agency, municipality, or other | 13 | | duly constituted governmental agency or unit.
| 14 | | 8. "Defoliant" means any substance or combination of | 15 | | substances
which cause leaves or foliage to drop from a plant | 16 | | with or without
causing abscission.
| 17 | | 9. "Desiccant" means any substance or combination of | 18 | | substances
intended for artificially accelerating the drying | 19 | | of plant tissue.
| 20 | | 10. "Device" means any instrument or contrivance, other | 21 | | than a
firearm or equipment for application of pesticides when | 22 | | sold separately
from pesticides, which is intended for | 23 | | trapping, repelling, destroying,
or mitigating any pest, other | 24 | | than bacteria, virus, or other
microorganisms on or living in | 25 | | man or other living animals.
| 26 | | 11. "Distribute" means offer or hold for sale, sell, |
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| 1 | | barter, ship,
deliver for shipment, receive and then deliver, | 2 | | or offer to deliver
pesticides, within the State.
| 3 | | 12. "Environment" includes water, air, land, and all | 4 | | plants and
animals including man, living therein and the | 5 | | interrelationships which
exist among these.
| 6 | | 13. "Equipment" means any type of instruments and | 7 | | contrivances using
motorized, mechanical or pressure power | 8 | | which is used to apply any
pesticide, excluding pressurized | 9 | | hand-size household apparatus
containing dilute ready to apply | 10 | | pesticide or used to apply household
pesticides.
| 11 | | 14. "FIFRA" means the Federal Insecticide, Fungicide, and | 12 | | Rodenticide
Act, as amended.
| 13 | | 15. "Fungi" means any non-chlorophyll bearing | 14 | | thallophytes, any
non-chlorophyll bearing plant of a lower | 15 | | order than mosses or
liverworts, as for example rust, smut, | 16 | | mildew, mold, yeast and bacteria,
except those on or in living | 17 | | animals including man and those on or in
processed foods, | 18 | | beverages or pharmaceuticals.
| 19 | | 16. "Household Substance" means any pesticide customarily | 20 | | produced
and distributed for use by individuals in or about | 21 | | the household.
| 22 | | 17. "Imminent Hazard" means a situation which exists when | 23 | | continued
use of a pesticide would likely result in | 24 | | unreasonable adverse effect on
the environment or will involve | 25 | | unreasonable hazard to the survival of a
species declared | 26 | | endangered by the U.S. Secretary of the Interior or to
species |
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| 1 | | declared to be protected by the Illinois Department of Natural
| 2 | | Resources.
| 3 | | 18. "Inert Ingredient" means an ingredient which is not an | 4 | | active
ingredient.
| 5 | | 19. "Ingredient Statement" means a statement of the name | 6 | | and
percentage of each active ingredient together with the | 7 | | total percentage
of inert ingredients in a pesticide and for | 8 | | pesticides containing
arsenic in any form, the ingredient | 9 | | statement shall include percentage
of total and water soluble | 10 | | arsenic, each calculated as elemental
arsenic. In the case of | 11 | | spray adjuvants the ingredient statement need
contain only the | 12 | | names of the functioning agents and the total percent
of those | 13 | | constituents ineffective as spray adjuvants.
| 14 | | 20. "Insect" means any of the numerous small invertebrate | 15 | | animals
generally having the body more or less obviously | 16 | | segmented for the most
part belonging to the class Insects, | 17 | | comprised of six-legged, usually
winged forms, as for example | 18 | | beetles, caterpillars, and flies. This
definition encompasses | 19 | | other allied classes of arthropods whose members
are wingless | 20 | | and usually have more than 6 legs as for example spiders,
| 21 | | mites, ticks, centipedes, and millipedes.
| 22 | | 21. "Label" means the written, printed or graphic matter | 23 | | on or
attached to the pesticide or device or any of its | 24 | | containers or
wrappings.
| 25 | | 22. "Labeling" means the label and all other written, | 26 | | printed or
graphic matter: (a) on the pesticide or device or |
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| 1 | | any of its containers
or wrappings, (b) accompanying the | 2 | | pesticide or device or referring to
it in any other media used | 3 | | to disseminate information to the public,
(c) to which | 4 | | reference is made to the pesticide or device except when
| 5 | | references are made to current official publications of the U. | 6 | | S.
Environmental Protection Agency, Departments of | 7 | | Agriculture, Health,
Education and Welfare or other Federal | 8 | | Government institutions, the
state experiment station or | 9 | | colleges of agriculture or other similar
state institution | 10 | | authorized to conduct research in the field of
pesticides.
| 11 | | 23. "Land" means all land and water area including | 12 | | airspace, and all
plants, animals, structures, buildings, | 13 | | contrivances, and machinery
appurtenant thereto or situated | 14 | | thereon, fixed or mobile, including any
used for | 15 | | transportation.
| 16 | | 24. "Licensed Operator" means a person employed to apply | 17 | | pesticides
to the lands of others under the direction of a | 18 | | "licensed commercial
applicator" or a "licensed commercial
| 19 | | not-for-hire applicator".
| 20 | | 25. "Nematode" means invertebrate animals of the phylum
| 21 | | nemathelminthes and class nematoda, also referred to as nemas | 22 | | or
eelworms, which are unsegmented roundworms with elongated | 23 | | fusiform or
sac-like bodies covered with cuticle and | 24 | | inhabiting soil, water, plants
or plant parts.
| 25 | | 26. "Permit" means a written statement issued by the | 26 | | Director or his
authorized agent, authorizing certain acts of |
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| 1 | | pesticide purchase or of
pesticide use or application on an | 2 | | interim basis prior to normal
certification, registration, or | 3 | | licensing.
| 4 | | 27. "Person" means any individual, partnership, | 5 | | association,
fiduciary, corporation, or any organized group of | 6 | | persons whether
incorporated or not.
| 7 | | 28. "Pest" means (a) any insect, rodent, nematode, fungus, | 8 | | weed, or
(b) any other form of terrestrial or aquatic plant or | 9 | | animal life or
virus, bacteria, or other microorganism, | 10 | | excluding virus, bacteria, or
other microorganism on or in | 11 | | living animals including man, which the
Director declares to | 12 | | be a pest.
| 13 | | 29. "Pesticide" means any substance or mixture of | 14 | | substances
intended for preventing, destroying, repelling, or | 15 | | mitigating any pest
or any substance or mixture of substances | 16 | | intended for use as a plant
regulator, defoliant or desiccant.
| 17 | | 30. "Pesticide Dealer" means any person who distributes | 18 | | registered
pesticides to the user.
| 19 | | 31. "Plant Regulator" means any substance or mixture of | 20 | | substances
intended through physiological action to affect the | 21 | | rate of growth or
maturation or otherwise alter the behavior | 22 | | of ornamental or crop plants
or the produce thereof. This does | 23 | | not include substances which are not
intended as plant | 24 | | nutrient trace elements, nutritional chemicals, plant
or seed | 25 | | inoculants or soil conditioners or amendments.
| 26 | | 32. "Protect Health and Environment" means to guard |
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| 1 | | against any
unreasonable adverse effects on the environment.
| 2 | | 33. "Registrant" means person who has registered any | 3 | | pesticide
pursuant to the provision of FIFRA and this Act.
| 4 | | 34. "Restricted Use Pesticide" means any pesticide with | 5 | | one or more
of its uses classified as restricted by order of | 6 | | the Administrator of
USEPA.
| 7 | | 35. "SLN Registration" means registration of a pesticide | 8 | | for use
under conditions of special local need as defined by
| 9 | | FIFRA.
| 10 | | 36. "State Restricted Pesticide Use" means any pesticide | 11 | | use which
the Director determines, subsequent to public | 12 | | hearing, that an
additional restriction for that use is needed | 13 | | to prevent unreasonable
adverse effects.
| 14 | | 37. "Structural Pest" means any pests which attack and | 15 | | destroy
buildings and other structures or which attack | 16 | | clothing, stored food,
commodities stored at food | 17 | | manufacturing and processing facilities or
manufactured and | 18 | | processed goods.
| 19 | | 38. "Unreasonable Adverse Effects on the Environment" | 20 | | means the
unreasonable risk to the environment, including man, | 21 | | from the use of any
pesticide, when taking into account | 22 | | accrued benefits of as well as the
economic, social, and | 23 | | environmental costs of its use.
| 24 | | 39. "USEPA" means United States Environmental Protection | 25 | | Agency.
| 26 | | 40. "Use inconsistent with the label" means to use a |
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| 1 | | pesticide in
a manner not consistent with the label | 2 | | instruction, the definition
adopted in FIFRA as interpreted by | 3 | | USEPA shall apply in Illinois.
| 4 | | 41. "Weed" means any plant growing in a place where it is | 5 | | not
wanted.
| 6 | | 42. "Wildlife" means all living things, not human, | 7 | | domestic, or
pests.
| 8 | | 43. "Bulk pesticide" means any registered pesticide which | 9 | | is
transported or held in an individual container in undivided | 10 | | quantities of
greater than 55 U.S. gallons liquid measure or | 11 | | 100 pounds net dry weight.
| 12 | | 44. "Bulk repackaging" means the transfer of a registered | 13 | | pesticide from
one bulk container (containing undivided | 14 | | quantities of greater than 100
U.S. gallons liquid measure or | 15 | | 100 pounds net dry weight) to another bulk
container | 16 | | (containing undivided quantities of greater than 100 U.S. | 17 | | gallons
liquid measure or 100 pounds net dry weight) in an | 18 | | unaltered state in
preparation for sale or distribution to | 19 | | another person.
| 20 | | 45. "Business" means any individual, partnership, | 21 | | corporation or
association engaged in a business operation for | 22 | | the purpose of
selling or distributing pesticides or providing | 23 | | the service of application
of pesticides in this State.
| 24 | | 46. "Facility" means any building or structure and all | 25 | | real property
contiguous thereto, including all equipment | 26 | | fixed thereon used for the
operation of the business.
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| 1 | | 47. "Chemigation" means the application of a pesticide | 2 | | through the
systems or equipment employed for the primary | 3 | | purpose of irrigation of land and
crops.
| 4 | | 48. "Use" means any activity covered by the pesticide | 5 | | label including
but not limited to application of pesticide, | 6 | | mixing and loading, storage of
pesticides or pesticide | 7 | | containers, disposal of pesticides and pesticide
containers | 8 | | and reentry into treated sites or areas.
| 9 | | (Source: P.A. 99-540, eff. 1-1-17; 100-201, eff. 8-18-17.)
| 10 | | Section 25. The Agricultural Areas Conservation and | 11 | | Protection Act is amended by changing Section 3.02 as follows:
| 12 | | (505 ILCS 5/3.02) (from Ch. 5, par. 1003.02)
| 13 | | Sec. 3.02.
"Crops, livestock and livestock and
aquatic | 14 | | products" include but are not
limited to the following: | 15 | | legume, hay, grain, fruit, and truck or vegetable
crops, | 16 | | floriculture, horticulture, mushroom growing, nurseries, | 17 | | orchards,
forestry, greenhouses and aquatic products , | 18 | | including any aquatic plants and animals or their by-products | 19 | | that are produced, grown, managed, harvested and marketed on | 20 | | an annual, semi-annual, biennial or short-term basis, in | 21 | | permitted aquaculture facilities as
defined in the Aquaculture | 22 | | Development Act ; the keeping, raising and
feeding of livestock
| 23 | | or poultry, including dairying, poultry, swine, sheep, beef | 24 | | cattle, pony
and horse production, fur and wildlife farms, |
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| 1 | | farm buildings used
for growing, harvesting and preparing crop | 2 | | products for market, or for use
on the farm; roadside stands, | 3 | | farm buildings for storing and protecting
farm machinery and | 4 | | equipment from the elements, for housing livestock or
poultry | 5 | | and for preparing livestock or poultry
products for market; | 6 | | farm dwellings occupied by farm owners, operators,
tenants or | 7 | | seasonal or year-round hired workers.
| 8 | | (Source: P.A. 85-856.)
| 9 | | Section 30. The County Cooperative Extension Law is | 10 | | amended by changing Section 2a as follows:
| 11 | | (505 ILCS 45/2a) (from Ch. 5, par. 242a)
| 12 | | Sec. 2a. Information and assistance.
| 13 | | (a) The Cooperative Extension Service of the University of | 14 | | Illinois
shall provide information and assistance to person | 15 | | who are timber growers
and to persons who may be unaware of the | 16 | | economic and soil and water
conservation
benefits that can be | 17 | | attained through forestry management on marginal
agricultural
| 18 | | lands.
| 19 | | (b) The Department of Agriculture, in cooperation with the | 20 | | Cooperative
Extension Service of the University of Illinois, | 21 | | in
conjunction with the Agriculture Experiment Station and | 22 | | Southern Illinois
University at Carbondale, shall provide
| 23 | | information on aquaculture and shall explore the establishment | 24 | | of an
aquaculture resource center for disseminating |
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| 1 | | information and demonstrating
the viability of aquaculture as | 2 | | a part of the diversified agriculture of this
State.
| 3 | | The Department of Agriculture in cooperation with the (i) | 4 | | Cooperative
Extension
Service of the University of Illinois, | 5 | | (ii) Southern
Illinois University at Carbondale,
(iii) | 6 | | Illinois State
University at Bloomington-Normal, (iv) Western | 7 | | Illinois
University at Macomb, and (v)
community colleges | 8 | | organized under the Public Community College Act shall
provide | 9 | | information and assistance to
the aquaculture industry in the | 10 | | State concerning the Aquaculture Cooperative
established under | 11 | | the Aquaculture Development Act and incorporated under the
| 12 | | Agricultural Co-Operative Act.
| 13 | | (Source: P.A. 91-530, eff. 8-13-99.)
| 14 | | Section 35. The Fish and Aquatic Life Code is amended by | 15 | | changing Section 5-5 as follows:
| 16 | | (515 ILCS 5/5-5) (from Ch. 56, par. 5-5)
| 17 | | Sec. 5-5. Ownership and title; violations; penalties. The | 18 | | ownership of
and title to all aquatic life within the | 19 | | boundaries of the State, are
hereby declared to be in the | 20 | | State, and no aquatic life shall be taken or
killed, in any | 21 | | manner or at any time, unless the person or persons so
taking | 22 | | or killing the aquatic life shall consent that the title to the
| 23 | | aquatic life shall be and remain in the State for the purpose | 24 | | of regulating
the taking, killing, possession, use, sale, and |
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| 1 | | transportation of aquatic
life after taking or killing, as set | 2 | | forth in this Code.
| 3 | | Aquatic products, including any aquatic plants and animals | 4 | | or their by-products that are produced, grown, managed, | 5 | | harvested and marketed on an annual, semi-annual, biennial or | 6 | | short-term basis, in permitted aquaculture facilities as | 7 | | defined in the Aquaculture Development Act , bred,
hatched, | 8 | | propagated, or raised by the owner of a body of water, with the
| 9 | | consent of the Department of Natural Resources through the
| 10 | | issuance of an
aquaculture permit and consistent with this | 11 | | Section, in permitted
aquaculture facilities in or on that | 12 | | body of water are the property of the
person who bred, hatched, | 13 | | propagated, or raised them or that person's
successor in | 14 | | interest. Ownership of aquatic products reverts to the State
| 15 | | upon revocation or expiration of an aquaculture permit as | 16 | | prescribed by
administrative rule.
| 17 | | If any person causes any waste, sewage, thermal effluent, | 18 | | or any other
pollutant to enter into, or causes or allows | 19 | | pollution of, any waters of
this State so as to kill aquatic | 20 | | life, the Department, through the Attorney
General, may bring | 21 | | an action against that person and recover the value of
and the | 22 | | related costs in determining the value of the aquatic life
| 23 | | destroyed by the waste, sewage, thermal effluent, or | 24 | | pollution. Any money
so recovered shall be placed into the | 25 | | Wildlife and Fish Fund in the State
Treasury.
| 26 | | If any person shall abandon, deposit, or otherwise place |
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| 1 | | any wire,
can, bottle, glass, paper, trash, rubbish, | 2 | | cardboard, wood cartons,
boxes, trees, parts of trees, brush, | 3 | | or other insoluble material,
including animal or vegetable | 4 | | material, into the waters or upon the ice
of any waters of this | 5 | | State, or in any place on the bank of waters of
this State | 6 | | where it shall be liable to be washed into the waters either
by | 7 | | storms, floods, or other causes, the person shall be in | 8 | | violation of the
offense of polluting. Employees of the | 9 | | Department, however, may place or
direct the placement, in the | 10 | | waters of the State, of insoluble materials
deemed suitable | 11 | | for the purposes of enhancing aquatic habitat. Any person
who | 12 | | shall be found guilty under this Section shall be guilty of a | 13 | | petty
offense, and the Court shall further order that the | 14 | | guilty person shall
employ every practical means of removing | 15 | | the debris within a time specified
by the Court. Failure to | 16 | | comply with an order under this Section shall
constitute a | 17 | | Class B misdemeanor.
| 18 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 19 | | Section 40. The Unemployment Insurance Act is amended by | 20 | | changing Section 214 as follows:
| 21 | | (820 ILCS 405/214) (from Ch. 48, par. 324)
| 22 | | Sec. 214.
The term "employment" does not include | 23 | | agricultural or
aquacultural labor, except
as provided in | 24 | | Section 211.4. With
respect to the period prior to January 1, |
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| 1 | | 1972, the term "agricultural
labor" means the services | 2 | | included within the term by this Act as
amended and in effect | 3 | | on September 15, 1969. On and after January 1,
1972, the term | 4 | | "agricultural labor" means all services performed:
| 5 | | A. On a farm, in the employ of any person, in connection | 6 | | with
cultivating the soil or in connection with raising or | 7 | | harvesting any
agricultural or horticultural commodity, | 8 | | including the raising,
shearing, feeding, caring for, | 9 | | training, and management of live stock,
bees, poultry, and | 10 | | fur-bearing animals and wildlife;
| 11 | | B. In the employ of the owner or tenant or other operator | 12 | | of a farm,
in connection with the operation, management, | 13 | | conservation, improvement,
or maintenance of such farm and its | 14 | | tools and equipment;
| 15 | | C. In connection with the ginning of cotton, or the | 16 | | operation or
maintenance of ditches, canals, reservoirs, or | 17 | | waterways not owned or
operated for profit, used exclusively | 18 | | for supplying and storing water
for farming purposes;
| 19 | | D. In the employ of the operator of a farm, or of a group | 20 | | of
operators of farms (or a cooperative organization of which | 21 | | such
operators are members), in handling, planting, drying, | 22 | | packing,
packaging, processing, freezing, grading, storing or | 23 | | delivering to
storage or to market or to a carrier for | 24 | | transportation to market, in
its unmanufactured state, any | 25 | | agricultural or horticultural commodity;
but only if such | 26 | | operator or operators produced more than one-half of
the |
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| 1 | | commodity with respect to which such service is performed. The
| 2 | | provisions of this subsection shall not be deemed to be | 3 | | applicable with
respect to service performed in connection | 4 | | with commercial canning or
commercial freezing or in | 5 | | connection with any agricultural or
horticultural commodity | 6 | | after its delivery to a terminal market for
distribution for | 7 | | consumption.
| 8 | | As used in this Section, the term "farm" includes stock, | 9 | | dairy,
poultry, fruit, fur-bearing animal, and truck farms, | 10 | | plantations,
ranches, nurseries, ranges, greenhouses or other | 11 | | similar structures used
primarily for the raising of | 12 | | agricultural or horticultural commodities,
and orchards.
| 13 | | The term "aquacultural labor" means all services performed | 14 | | in
connection with the production of aquatic products , | 15 | | including any aquatic plants and animals or their by-products | 16 | | that are produced, grown, managed, harvested and marketed on | 17 | | an annual, semi-annual, biennial or short-term basis, in | 18 | | permitted aquaculture facilities as defined
in the Aquaculture | 19 | | Development Act .
| 20 | | (Source: P.A. 85-856.)
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