Bill Amendment: IL SB3342 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PESTICIDES-APPLICATION NOTICE

Status: 2024-08-09 - Public Act . . . . . . . . . 103-0976 [SB3342 Detail]

Download: Illinois-2023-SB3342-Senate_Amendment_002.html

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Sen. Steve McClure

Filed: 3/13/2024

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

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application of pesticides on rights of way.
(a) At least 24 hours before the State or a unit of local
government applies a pesticide to a public right-of-way that
is located within the corporate boundaries of a municipality,
the State or the unit of local government in which the
application is to be made 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

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number and website information for the Department.
(b) The application of a solid mosquito larvicide in
accordance with 8 Ill. Adm. Code 250.210 is exempt from the
notification requirements of this Section.
(c) Written notification required under subsection (a) is
sufficient if posted in newsletters, calendars, or other
correspondence currently published by the State or the unit of
local government in which the application is to be made, but
posting on a bulletin board is not sufficient.
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 to 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

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