Full Text of SB2757 103rd General Assembly
SB2757 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2757 Introduced 1/16/2024, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: | | 415 ILCS 60/3 | from Ch. 5, par. 803 |
| Amends the Illinois Pesticide Act. Removes language providing that the regulation of pesticides by any political subdivision of the State is specifically prohibited except for counties and municipalities with a population over 2,000,000. Provides instead that neither a home rule unit nor any other political subdivision of the State may regulate pesticides in a manner that is less restrictive than the regulation of pesticides by the State under the Act. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Pesticide Act is amended by | 5 | | changing Section 3 as follows: | 6 | | (415 ILCS 60/3) (from Ch. 5, par. 803) | 7 | | Sec. 3. Delegation of Authority. The Illinois Department | 8 | | of Agriculture shall administer "The Illinois Pesticide Act". | 9 | | 1. It shall be the duty of the Department of Agriculture to | 10 | | enforce this Act and such provisions of other Acts intended to | 11 | | control the registration, purchase, use, storage and disposal | 12 | | of pesticides, unless otherwise specified in this Section. | 13 | | Also, the Department of Agriculture shall control the purchase | 14 | | and use of pesticides pertaining to the production, | 15 | | protection, care, storage, or transportation of agricultural | 16 | | commodities and to control the use of pesticides applied by | 17 | | agricultural equipment. Also, the Department shall establish | 18 | | and implement an Agrichemical Facility Response Action Program | 19 | | as provided in Section 19.3. | 20 | | 2. It shall be the duty of the Department of Public Health | 21 | | to enforce such provisions of this Act and other Acts intended | 22 | | to control structural pest pesticides, as defined in | 23 | | subparagraph 37 of Section 4, of this Act. It shall be the duty |
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| 1 | | of the Department of Public Health to enforce such provisions | 2 | | of this Act related to vector control, control of pestiferous | 3 | | and disease carrying insects, rodents and other animals, and | 4 | | control of birds and other mammals that may pose a threat to | 5 | | the health of the public. | 6 | | 3. It shall be the duty of the Environmental Protection | 7 | | Agency to enforce such provisions of this Act and other Acts | 8 | | intended to protect and preserve the quality of air, water, | 9 | | and guard against unreasonable contamination of land | 10 | | resources. | 11 | | 4. Neither a home rule unit nor any other political | 12 | | subdivision of this State may regulate pesticides in a manner | 13 | | that is less restrictive than the regulation of pesticides by | 14 | | the State under this Act. This Section is a limitation under | 15 | | subsection (i) of Section 6 of Article VII of the Illinois | 16 | | Constitution on the concurrent exercise by home rule units of | 17 | | powers and functions exercised by the State. The regulation of | 18 | | pesticides by any political subdivision of this State, | 19 | | including home rule units, is specifically prohibited except | 20 | | for counties and municipalities with a population over | 21 | | 2,000,000. The regulation of pesticides under this Act is an | 22 | | exclusive power and function of the State, except as provided | 23 | | in this paragraph, and is a denial and limitation, under | 24 | | Article VII, Section 6, subsection (h) of the Illinois | 25 | | Constitution, of the power of a home rule unit to regulate | 26 | | pesticides. |
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| 1 | | (Source: P.A. 89-94, eff. 7-6-95.) |
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