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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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. 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.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Enrolled) 2024-06-21 - Sent to the Governor [SB3342 Detail]

Download: Illinois-2023-SB3342-Engrossed.html

---

SB3342 Engrossed LRB103 38864 BDA 69001 b
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 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
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

SB3342 Engrossed - 2 - LRB103 38864 BDA 69001 b
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) 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

SB3342 Engrossed - 3 - LRB103 38864 BDA 69001 b
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
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

SB3342 Engrossed - 4 - LRB103 38864 BDA 69001 b