103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3342

 

Introduced 2/7/2024, by Sen. Steve McClure

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Pesticide Application on Rights-of-Way Notification Act. Provides that, at least 24 hours before applying a pesticide to a public right-of-way that is located within the corporate boundaries of a municipality, a certified applicator employed or contracted with by the State or a unit of local government to apply the pesticide shall provide notice of the application to all residents whose residences are located within 200 feet of the public right-of-way to be treated. Provides for monetary penalties for violations following an administrative hearing with the Department of Agriculture. Provides penalties for violations of the Act following an administrative hearing. Specifies that penalties are to be deposited into the Pesticide Control Fund, with unpaid penalties subject to collection by the Attorney General. Creates a petty offense and provides for an alternative prosecution by a State's Attorney following referral by the Department of Agriculture, with identical fines for the petty offense. Provides for the adoption of rules by the Department of Agriculture. Defines terms.


LRB103 38864 BDA 69001 b

 

 

A BILL FOR

 

SB3342LRB103 38864 BDA 69001 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Pesticide Application on Rights-of-Way Notification Act.
 
6    Section 5. Definitions. In this Act:
7    "Certified applicator" has the meaning given to that term
8in the Illinois Pesticide Act.
9    "Department" means the Department of Agriculture.
10    "Licensed commercial applicator" has the meaning given to
11that term in the Illinois Pesticide Act.
12    "Pesticide" has the meaning given to that term in the
13Illinois Pesticide Act.
 
14    Section 10. Prior notification requirements for
15application of pesticides on rights of way.
16    (a) At least 24 hours before applying a pesticide to a
17public right-of-way that is located within the corporate
18boundaries of a municipality, a certified applicator employed
19or contracted with by the State or a unit of local government
20to apply the pesticide shall provide notice of the application
21to all residents whose residences are located within 200 feet
22of the public right-of-way to be treated. At a minimum, the

 

 

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1following information shall be provided in the notice:
2        (1) the intended date and approximate time of day of
3    application;
4        (2) the brand name, common name, and scientific name
5    of each product applied;
6        (3) the type of pesticide contained in the product
7    applied;
8        (4) the reason for use of each product applied;
9        (5) the range of concentration of end-use product
10    applied;
11        (6) any special instructions appearing on the label of
12    the product applicable to an individual's use of the
13    public right-of-way following application;
14        (7) the State agency or unit of local government name
15    and telephone number of the certified applicator; and
16        (8) contact information for the Department for
17    complaints of pesticide misuse, including a telephone
18    number and website information for the Department.
19    (b) Notification under this Section shall be made in
20writing, in person, or by telephone. If an applicator is
21unable to provide prior notification to an individual whose
22residence is within 200 feet of the public right-of-way
23because of absence or inaccessibility of the individual, then
24at the time of application the applicator shall leave a
25written notice at the residence, which shall provide the
26information required by this Section.
 

 

 

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1    Section 15. Administrative rules. This Act shall be
2administered and enforced by the Department. The Department
3may adopt rules as necessary for the enforcement of this Act.
 
4    Section 20. Penalties.
5    (a) When an administrative hearing is held by the
6Department, the hearing officer, upon determination of any
7violation of this Act or rule or regulation, shall either
8refer the violation or the State's Attorney in the county
9where the alleged violation occurred for prosecution or levy
10the following administrative monetary penalties:
11        (1) a penalty of $250 for a first violation;
12        (2) a penalty of $500 for a second violation; and
13        (3) a penalty of $1,000 for a third or subsequent
14    violation.
15    (b) The penalty levied under subsection (a) shall be
16collected by the Department, and all penalties collected by
17the Department under this Act shall be deposited into the
18Pesticide Control Fund. Any penalty not paid within 60 days of
19notice from the Department shall be submitted to the Attorney
20General for collection.
21    (c) Upon prosecution by a State's Attorney, a violation of
22this Act or rules adopted under this Act shall be a petty
23offense subject to a fine of $250 for a first offense, a fine
24of $500 for a second offense, and a fine of $1,000 for a third

 

 

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1or subsequent offense.