SB3342 103RD GENERAL ASSEMBLY

LRB103 38864 BDA 69001 b

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.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Pesticide Application on Rights-of-Way Notification Act.

Section 5. Definitions. In this Act:

"Certified applicator" has the meaning given to that term in the Illinois Pesticide Act.

"Department" means the Department of Agriculture.

"Licensed commercial applicator" has the meaning given to that term in the Illinois Pesticide Act.

"Pesticide" has the meaning given to that term in the Illinois Pesticide Act.

Section 10. Prior notification requirements for application of pesticides on rights of way.

(a) 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. At a minimum, the following information shall be provided in the notice:

(1) the intended date and approximate time of day of application;

(2) the brand name, common name, and scientific name of each product applied;

(3) the type of pesticide contained in the product applied;

(4) the reason for use of each product applied;

(5) the range of concentration of end-use product applied;

(6) any special instructions appearing on the label of the product applicable to an individual's use of the public right-of-way following application;

(7) the State agency or unit of local government name and telephone number of the certified applicator; and

(8) contact information for the Department for complaints of pesticide misuse, including a telephone number and website information for the Department.

(b) Notification under this Section shall be made in writing, in person, or by telephone. If an applicator is unable to provide prior notification to an individual whose residence is within 200 feet of the public right-of-way because of absence or inaccessibility of the individual, then at the time of application the applicator shall leave a written notice at the residence, which shall provide the information required by this Section.

Section 15. Administrative rules. This Act shall be administered and enforced by the Department. The Department may adopt rules as necessary for the enforcement of this Act.

Section 20. Penalties.

(a) When an administrative hearing is held by the Department, the hearing officer, upon determination of any violation of this Act or rule or regulation, shall either refer the violation or the State's Attorney in the county where the alleged violation occurred for prosecution or levy the following administrative monetary penalties:

(1) a penalty of $250 for a first violation;

(2) a penalty of $500 for a second violation; and

(3) a penalty of $1,000 for a third or subsequent violation.

(b) The penalty levied under subsection (a) shall be collected by the Department, and all penalties collected by the Department under this Act shall be deposited into the Pesticide Control Fund. Any penalty not paid within 60 days of notice from the Department shall be submitted to the Attorney General for collection.

(c) Upon prosecution by a State's Attorney, a violation of this Act or rules adopted under this Act shall be a petty offense subject to a fine of $250 for a first offense, a fine of $500 for a second offense, and a fine of $1,000 for a third or subsequent offense.