Bill Amendment: IL SB3342 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PESTICIDES-APPLICATION NOTICE
Status: 2024-08-09 - Public Act . . . . . . . . . 103-0976 [SB3342 Detail]
Download: Illinois-2023-SB3342-Senate_Amendment_001.html
Bill Title: PESTICIDES-APPLICATION NOTICE
Status: 2024-08-09 - Public Act . . . . . . . . . 103-0976 [SB3342 Detail]
Download: Illinois-2023-SB3342-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3342 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 3342 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the the | ||||||
5 | Pesticide Application on Rights-of-Way Notification Act.
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6 | Section 5. Definitions. In this Act: | ||||||
7 | "Department" means the Department of Agriculture. | ||||||
8 | "Pesticide" has the meaning given to that term in the | ||||||
9 | Illinois Pesticide Act.
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10 | Section 10. Prior notification requirements for | ||||||
11 | application of pesticides on rights of way. | ||||||
12 | (a) At least 24 hours before applying a pesticide to a | ||||||
13 | public right-of-way that is located within the corporate | ||||||
14 | boundaries of a municipality, the State or the unit of local | ||||||
15 | government in which the application is to be made shall |
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1 | provide notice of the application to all residents whose | ||||||
2 | residences are located within 200 feet of the public | ||||||
3 | right-of-way to be treated. At a minimum, the following | ||||||
4 | information shall be provided in the notice: | ||||||
5 | (1) the intended date and approximate time of day of | ||||||
6 | application; | ||||||
7 | (2) the brand name, common name, and scientific name | ||||||
8 | of each product applied; | ||||||
9 | (3) the type of pesticide contained in the product | ||||||
10 | applied; | ||||||
11 | (4) the reason for use of each product applied; | ||||||
12 | (5) the range of concentration of end-use product | ||||||
13 | applied; | ||||||
14 | (6) any special instructions appearing on the label of | ||||||
15 | the product applicable to an individual's use of the | ||||||
16 | public right-of-way following application; | ||||||
17 | (7) the State agency or unit of local government name | ||||||
18 | and telephone number of the certified applicator; and | ||||||
19 | (8) contact information for the Department for | ||||||
20 | complaints of pesticide misuse, including a telephone | ||||||
21 | number and website information for the Department. | ||||||
22 | (b) Written notification required under subsection (a) is | ||||||
23 | sufficient if posted in newsletters, calendars, or other | ||||||
24 | correspondence currently published by the State or the unit of | ||||||
25 | local government in which the application is to be made, but | ||||||
26 | posting on a bulletin board is not sufficient.
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1 | Section 15. Administrative rules. This Act shall be | ||||||
2 | administered and enforced by the Department. The Department | ||||||
3 | may adopt rules as necessary for the enforcement of this Act.
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4 | Section 20. Penalties. | ||||||
5 | (a) When an administrative hearing is held by the | ||||||
6 | Department, the hearing officer, upon determination of any | ||||||
7 | violation of this Act or rule or regulation, shall either | ||||||
8 | refer the violation to the State's Attorney in the county | ||||||
9 | where the alleged violation occurred for prosecution or levy | ||||||
10 | the following administrative monetary penalties: | ||||||
11 | (1) a penalty of $250 for a first violation; | ||||||
12 | (2) a penalty of $500 for a second violation; and | ||||||
13 | (3) a penalty of $1,000 for a third or subsequent | ||||||
14 | violation. | ||||||
15 | (b) The penalty levied under subsection (a) shall be | ||||||
16 | collected by the Department, and all penalties collected by | ||||||
17 | the Department under this Act shall be deposited into the | ||||||
18 | Pesticide Control Fund. Any penalty not paid within 60 days of | ||||||
19 | notice from the Department shall be submitted to the Attorney | ||||||
20 | General for collection. | ||||||
21 | (c) Upon prosecution by a State's Attorney, a violation of | ||||||
22 | this Act or rules adopted under this Act shall be a petty | ||||||
23 | offense subject to a fine of $250 for a first offense, a fine | ||||||
24 | of $500 for a second offense, and a fine of $1,000 for a third |
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