Bill Text: IL SB3342 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: 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. 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.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0976 [SB3342 Detail]
Download: Illinois-2023-SB3342-Chaptered.html
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| Public Act 103-0976 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the the | ||||
Pesticide Application on Rights-of-Way Notification Act.
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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.
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Section 10. Prior notification requirements for | ||||
application of pesticides on rights-of-way. | ||||
(a) At least 24 hours before the State or a unit of local | ||||
government, including a mosquito abatement district or a | ||||
commercial entity hired by the State or a unit of local | ||||
government, applies a pesticide, including a pesticide | ||||
intended to control mosquitoes, to a public right-of-way that | ||||
is located within the corporate boundaries of a municipality, | ||||
the State, mosquito abatement district, or other unit of local | ||||
government in which the application is to be made shall | ||
provide written notice to the public of the application of the | ||
pesticide. At a minimum, the following information shall be | ||
provided in the written notice required under this subsection | ||
(a): | ||
(1) the intended location, date range, and range of | ||
times during the day that the material may be applied; | ||
(2) the brand name, common name, and scientific name | ||
of each product that may be applied; | ||
(3) the type of pesticide contained in any product | ||
that may be applied; | ||
(4) the reason for use of each product that may be | ||
applied; | ||
(5) the range of concentrations of end-use product | ||
that will be 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 an application; | ||
(7) the State agency, mosquito abatement district, or | ||
other 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. | ||
Written notification required under this subsection (a) is | ||
sufficient if posted in newsletters, websites, calendars, or | ||
other correspondence currently published by the State, | ||
mosquito abatement district, or other unit of local government | ||
in which the application is to be made, but posting on a | ||
bulletin board is not sufficient. | ||
(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) The State or a unit of local government, including a | ||
mosquito abatement district, need not provide the notice | ||
required by this Section if the application of the pesticide | ||
is in response to (i) disease causing agents in vector | ||
mosquitoes, (ii) the occurrence of mosquito-borne disease in | ||
animal or human populations, or (iii) a natural disaster | ||
recovery effort.
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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.
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