Illinois General Assembly - Full Text of SB3342
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Full Text of SB3342  103rd General Assembly



SB3342 EngrossedLRB103 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 the
5Pesticide Application on Rights-of-Way Notification Act.
6    Section 5. Definitions. In this Act:
7    "Department" means the Department of Agriculture.
8    "Pesticide" has the meaning given in the Illinois
9Pesticide Act.
10    "Unit of local government" means a unit of local
11government, as defined in Article VII, Section 1 of the
12Illinois Constitution, except a park district, forest preserve
13district, or conservation district.
14    Section 10. Prior notification requirements for
15application of pesticides on rights of way.
16    (a) At least 24 hours before the State or a unit of local
17government applies a pesticide to a public right-of-way that
18is located within the corporate boundaries of a municipality,
19the State or the unit of local government in which the
20application is to be made shall provide notice of the
21application to all residents whose residences are located
22within 200 feet of the public right-of-way to be treated. At a



SB3342 Engrossed- 2 -LRB103 38864 BDA 69001 b

1minimum, the following information shall be provided in the
3        (1) the intended date and approximate time of day of
4    application;
5        (2) the brand name, common name, and scientific name
6    of each product applied;
7        (3) the type of pesticide contained in the product
8    applied;
9        (4) the reason for use of each product applied;
10        (5) the range of concentration of end-use product
11    applied;
12        (6) any special instructions appearing on the label of
13    the product applicable to an individual's use of the
14    public right-of-way following application;
15        (7) the State agency or unit of local government name
16    and telephone number of the certified applicator; and
17        (8) contact information for the Department for
18    complaints of pesticide misuse, including a telephone
19    number and website information for the Department.
20    (b) The application of a solid mosquito larvicide in
21accordance with 8 Ill. Adm. Code 250.210 is exempt from the
22notification requirements of this Section.
23    (c) Written notification required under subsection (a) is
24sufficient if posted in newsletters, calendars, or other
25correspondence currently published by the State or the unit of
26local government in which the application is to be made, but



SB3342 Engrossed- 3 -LRB103 38864 BDA 69001 b

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



SB3342 Engrossed- 4 -LRB103 38864 BDA 69001 b

1of $500 for a second offense, and a fine of $1,000 for a third
2or subsequent offense.