Sen. Steve McClure

Filed: 3/13/2024

 

 


 

 


 
10300SB3342sam002LRB103 38864 BDA 70956 a

1
AMENDMENT TO SENATE BILL 3342

2    AMENDMENT NO. ______. Amend Senate Bill 3342, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the the
6Pesticide Application on Rights-of-Way Notification Act.
 
7    Section 5. Definitions. In this Act:
8    "Department" means the Department of Agriculture.
9    "Pesticide" has the meaning given in the Illinois
10Pesticide Act.
11    "Unit of local government" means a unit of local
12government, as defined in Article VII, Section 1 of the
13Illinois Constitution, except a park district, forest preserve
14district, or conservation district.
 
15    Section 10. Prior notification requirements for

 

 

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1application of pesticides on rights of way.
2    (a) At least 24 hours before the State or a unit of local
3government applies a pesticide to a public right-of-way that
4is located within the corporate boundaries of a municipality,
5the State or the unit of local government in which the
6application is to be made shall provide notice of the
7application to all residents whose residences are located
8within 200 feet of the public right-of-way to be treated. At a
9minimum, the following information shall be provided in the
10notice:
11        (1) the intended date and approximate time of day of
12    application;
13        (2) the brand name, common name, and scientific name
14    of each product applied;
15        (3) the type of pesticide contained in the product
16    applied;
17        (4) the reason for use of each product applied;
18        (5) the range of concentration of end-use product
19    applied;
20        (6) any special instructions appearing on the label of
21    the product applicable to an individual's use of the
22    public right-of-way following application;
23        (7) the State agency or unit of local government name
24    and telephone number of the certified applicator; and
25        (8) contact information for the Department for
26    complaints of pesticide misuse, including a telephone

 

 

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1    number and website information for the Department.
2    (b) The application of a solid mosquito larvicide in
3accordance with 8 Ill. Adm. Code 250.210 is exempt from the
4notification requirements of this Section.
5    (c) Written notification required under subsection (a) is
6sufficient if posted in newsletters, calendars, or other
7correspondence currently published by the State or the unit of
8local government in which the application is to be made, but
9posting on a bulletin board is not sufficient.
 
10    Section 15. Administrative rules. This Act shall be
11administered and enforced by the Department. The Department
12may adopt rules as necessary for the enforcement of this Act.
 
13    Section 20. Penalties.
14    (a) When an administrative hearing is held by the
15Department, the hearing officer, upon determination of any
16violation of this Act or rule or regulation, shall either
17refer the violation to the State's Attorney in the county
18where the alleged violation occurred for prosecution or levy
19the following administrative monetary penalties:
20        (1) a penalty of $250 for a first violation;
21        (2) a penalty of $500 for a second violation; and
22        (3) a penalty of $1,000 for a third or subsequent
23    violation.
24    (b) The penalty levied under subsection (a) shall be

 

 

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1collected by the Department, and all penalties collected by
2the Department under this Act shall be deposited into the
3Pesticide Control Fund. Any penalty not paid within 60 days of
4notice from the Department shall be submitted to the Attorney
5General for collection.
6    (c) Upon prosecution by a State's Attorney, a violation of
7this Act or rules adopted under this Act shall be a petty
8offense subject to a fine of $250 for a first offense, a fine
9of $500 for a second offense, and a fine of $1,000 for a third
10or subsequent offense.".