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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] |
91_HB1822eng HB1822 Engrossed LRB9103015DHmgA 1 AN ACT to amend the Insect Pest and Plant Disease Act by 2 changing Sections 2 and 22.01. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Insect Pest and Plant Disease Act is 6 amended by changing Sections 2 and 22.01 as follows: 7 (505 ILCS 90/2) (from Ch. 5, par. 62) 8 Sec. 2. Words used in this Act shall be construed to 9 import either the plural or the singular, as the case 10 demands. For the purposes of this Act, the following terms 11 shall be construed, respectively, to mean: 12 Compliance agreement - A written agreement between a 13 person engaged in growing, handling, or moving nursery stock, 14 plants, and plant products, plant insects, or any combination 15 of those items and the Director, in which the former agrees 16 to specified conditions, requirements, or both, in order to 17 remain compliant with the terms of a plant or plant-insect 18 quarantine. 19 Devastating insect or plant disease - An insect or plant 20 disease, for which a quarantine exists, that the Director 21 determines could have a serious and devastating effect on the 22 nursery industry or environment. 23 Director - The Director of the Illinois Department of 24 Agriculture or his or her authorized representative. 25 Department - The Department of Agriculture of the State 26 of Illinois. 27 Insect Pests - Insects, crustaceans, arachnids and vermes 28 injurious to plants, plant products, animals and man. 29 Plant Diseases - Fungi bacteria, nematodes, protozoans 30 and viruses injurious to plants and plant products, and the 31 pathological condition in plants and plant products, caused HB1822 Engrossed -2- LRB9103015DHmgA 1 by fungi bacteria, nematodes, protozoans and viruses. 2 Nursery Stock - All field-grown and native trees, 3 Christmas trees, sod, shrubs, herbaceous perennials, vines, 4 cuttings, grafts, scions, buds, fruit-pits and other seeds of 5 fruit and ornamental trees and shrubs; also other plants and 6 plant products for, or capable of, propagation, excepting 7 field, vegetable and flower seeds, bedding plants, and other 8 herbaceous plants, bulbs and roots. 9 Plants and Plant Products - Trees, shrubs, vines, forage 10 and cereal plants and all other plants; cuttings, grafts, 11 scions, buds, and all other parts of plants; and fruit, 12 vegetables, roots, bulbs, seeds, wood, lumber, and all other 13 parts of plants and plant products. 14 Nursery - Any grounds or premises on or in which nursery 15 stock is propagated and grown or from which nursery stock is 16 collected for sale, or any grounds or premises on or in which 17 nursery stock is being fumigated, treated, packed or stored. 18 Nurseryman - Any person who owns, leases, manages, or is 19 in charge of a nursery, and who propagates nursery stock. 20 Nursery Dealer - Any person or landscaper not a grower 21 of nursery stock in this State, who buys, sells, ships, or 22 distributes nursery stock for commercial or monetary gain in 23 the State of Illinois. 24 Landscaper - Any person who is engaged in development and 25 decorative planting of gardens and grounds for commercial or 26 monetary gain and who uses nursery stock in his landscape 27 development. 28 Person - Includes a corporation, company, society, 29 association, partnership, governmental agency and any 30 individual or combination of individuals. 31 (Source: P.A. 88-292.) 32 (505 ILCS 90/22.01) (from Ch. 5, par. 82a) 33 Sec. 22.01. When an administrative hearing is held, the HB1822 Engrossed -3- LRB9103015DHmgA 1 hearing officer shall upon determination of a violation, on a 2 per-occurrence basis, assess an appropriate administrative 3 monetary penalty. The Department shall collect the 4 administrative monetary penalty which will be paid to the 5 Pesticide Control Fund to be used for the administration of 6 this Act for the following violations: 7 I. A fine of $150 shall be imposed for each of the 8 following violations: 9 A. Thwarting or hindering an inspection authorized or 10 required by this Act by misrepresenting or concealing facts 11 or conditions. 12 B. Selling, offering or exposing for sale, or 13 distributing nursery stock which is not accompanied by a 14 shipping tag or label bearing a copy of the certificate of 15 inspection or nursery dealer's certificate. 16 C. Failing to comply with any of the provisions of this 17 Act, or the rules and regulations promulgated hereunder for 18 which a fine for a specific violation is not specified. 19 D. Making a false declaration of acreage or causing any 20 concealment of nursery stock from inspection by the 21 Department. 22 E. Selling, offering for sale, or distributing nursery 23 stock or other article infested with injurious insect pests 24 or infected with injurious plant diseases. 25 II. A fine of $300 shall be imposed for each of the 26 following violations: 27 A. Failing to carry out the treatment or destruction of 28 any plant pest or regulated article in accordance with 29 official notification from the Director. 30 B. Selling, transporting, or offering for sale nursery 31 stock which has not been inspected and which is not covered 32 by a valid certificate of inspection. 33 C. Selling, offering or exposing for sale or delivering 34 any nursery stock without having a current certificate of HB1822 Engrossed -4- LRB9103015DHmgA 1 inspection or nursery dealer's certificate. 2 III. A fine of $500 shall be imposed for each of the 3 following violations: 4 A. Using an invalid, suspended, or revoked nursery 5 certificate or nursery dealer's certificate in the sale or 6 distribution of nursery stock. 7 B. Neglecting or refusing to comply with provisions of 8 this Act or any lawful order of the Director. 9 C. Moving any regulated article into or out of a 10 quarantined area unless such regulated article has been 11 treated or handled as provided by the requirements of said 12 quarantine. 13 D. Selling, installing or otherwise distributing nursery 14 stock or other article which has been placed on stop-sale. 15 IV. A fine of not less than $500 but not greater than 16 $5,000 shall be imposed for each of the following violations 17 related to a devastating insect or plant disease: 18 A. Thwarting or hindering an inspection by 19 misrepresenting or concealing facts or conditions related 20 to compliance with the terms of the quarantine. 21 B. Selling, offering for sale, or distributing 22 nursery stock or other articles infested with devastating 23 insects or plant diseases in violation of the quarantine. 24 C. Failing to carry out the treatment or 25 destruction of any devastating insect or plant disease or 26 regulated article as required under the terms of the 27 quarantine and in accordance with official notification 28 from the Director. 29 D. Moving any regulated article into or out of the 30 quarantined area unless the regulated article has been 31 treated or handled as provided by the requirements of the 32 quarantine. 33 E. Falsifying a compliance agreement under the 34 quarantine. HB1822 Engrossed -5- LRB9103015DHmgA 1 Any penalty not paid within 60 days of notice from the 2 Department shall be submitted to the Attorney General's 3 office for collection. Failure to pay a penalty shall also 4 be grounds for suspension or revocation of certificates and 5 permits. 6 (Source: P.A. 85-324.) 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.